Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS November 8, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, November 8, 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: Jan Baum, Financial Services Director Jeff Ford, Building Official Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer Scott Wilkinson, Assistant City Manager James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director Rachel Randall, Planning Technician Jim Foster, Airport Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Ty Trouten, Police Chief III. PLEDGE OF ALLEGIANCE November 8, 2022 City Council | Minutes Page 1 of 12 IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN Mayor Keener reminded everyone of the Veteran's Parade scheduled for Friday at 11am. The Elko Veteran's Ball will be Saturday at the Conference Center. There are still a few hours left to vote. V. APPROVAL OF MINUTES A. October 25, 2022, Regular Session The minutes were approved by general consent. VI. APPROPRIATION A. Review and possible approval of Hand Cut Check Warrants and matters related thereto. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the hand-cut checks in the amount of $323,320.12. The motion passed unanimously. (5-0) B. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the regular warrants in the amount of $2,371,536.69. The motion passed unanimously. (5-0) C. Review, consideration and possible action to approve a cost share with the Downtown Business Association for the purchase of a Christmas Tree, for display in the downtown corridor area, approximately 30 feet in height and costing $50,000 or less and matters related thereto. FOR POSSIBLE ACTION The City of Elko Arts and Culture took action at its October 5, 2022 meeting to request the City’s participation in funding a reusable Christmas Tree for display in the corridor area between Railroad and Commercial Street near 5th Street. The City would be responsible to erecting, dismantling and storage of the tree on an annual basis. SAW Scott Wilkinson, Assistant City Manager, explained dependent upon the selection of a tree, the cost share will be up to $25,000. The Arts and Culture chair is here. The idea is that it will be near 5th November 8, 2022 City Council | Minutes Page 2 of 12 Street in the corridor area. Mr. Wiley has some experience with something like this. It is up to Council consideration. We will still need to finalize the tree. He didn't think this is something will would be able to have this year. Mayor Keener asked if they have considered an inflatable tree. Councilwoman Simons said she saw one and it was ugly. James Wiley, Parks and Recreation Director, wanted Council to consider some points before a decision was made. The trees are tall and beautiful but they do require some serious anchoring. He has seen some blow over. Another consideration was electricity. They require a lot of electricity. The anchoring they come with is not sufficient. They also do not last forever. Councilwoman Simons said the trees they were looking at were not regular trees with branches. There would be maintenance and they can be vandalized. Councilman Morris wasn't sure how we would store it. Can't we decorate a tree that is already there like at the courthouse. Mr. Wiley said they do light the tree at the courthouse every year. Councilwoman Simons stated she comes from a small town where, the day after Thanksgiving, Santa Claus comes and lights up a tree. There is a lot of man hours and money that goes into it but it is a nice event. Mr. Wiley said it would take a long while to prep and get that all ready. Scott Wilkinson, Assistant City Manager, stated the intent was to find out if Council was interested in partnering with the DBA. Catherine Wines, Arts and Culture Advisory Board, thought we talked about it being placed by the tower. That makes sense and then the tower becomes the backdrop for the ceremony. In the past, you can be in the downtown corridor and you could not tell it was Christmas. That didn't seem right for our community. We are a patriotic and traditional community. Councilwoman Simons had suggested a metal tree. Councilwoman Simons suggested this year with the tree can be a first step. Lights and other things in the next years. We can figure this out if this is something we want. We don't do Christmas big like other areas do. Ms. Wines felt the culture of Christmas was important. Mayor Keener suggested wrapping the centennial tower in lights. Ms. Wines answered, no, they didn't think about that. November 8, 2022 City Council | Minutes Page 3 of 12 Mayor Keener liked the idea of partnering with the DBA but wanted to hear what everyone else thought. Councilman Puccinelli was concerned about the cost, He would like a clearer picture of cost before advancing. He was not against it but he would like more information. Councilman Morris was not against, but $50,000 for a tree is a little out of line. Decorate the tower and in the corridor. Jan Baum, Financial Director, suggested we support the partnership and then the Arts and Culture Advisory Board puts together a plan you can approve in the future. Councilman Morris felt that makes sense. Councilman Stone disclosed he gets employed by the DBA occasionally but that does not affect his vote. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to direct staff to work with the DBA on partnering with a Christmas Tree project for the downtown area and it will be funded in next year's budget if so agreed upon. The motion passed unanimously. (5-0) VII. SUBDIVISION A. Review, consideration, and possible approval of Final Map No. 5-22, filed by Legion Construction and Development, LLC, for the development of a subdivision entitled Mustang Ridge involving the proposed division of approximately 1.76 acres of property into 19 lots for townhouse development and 1 common lot within the C (General Commercial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located just south of the intersection of Lamoille Highway and Colt Drive. (APN 001-920-077). The Planning Commission considered this item on October 4, 2022, and took action to forward a recommendation to conditionally approve Final Map 5- 22. MR Michele Rambo, Development Manager, explained this used to be Colt Drive Townhomes. It is located south of Elko Vet Clinic and it is an HOA. Staff recommended conditional approval. Mayor Keener noted this the forth one this year. Ms. Rambo agreed there are lots of townhomes and smaller developments. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conditionally approve Final Map 5-22 for the Mustang Ridge subdivision subject to the findings and conditions as recommended by the Planning Commission. November 8, 2022 City Council | Minutes Page 4 of 12  The motion passed unanimously. (5-0) VIII. NEW BUSINESS A. Review, consideration, and possible approval of a Grant of Easement for a Public Utility and Access Easement, on City owned property, APN 001-01A-025, and matters related thereto. FOR POSSIBLE ACTION The U.S. Department of Veteran Affairs has requested this easement for utilities and secondary access to the site of the Veteran’s Cemetery. Utilities installed will include water, sewer, electricity and communications. The intent of the access is for installation and maintenance of the utilities, as well as access for maintenance vehicles and contractors for periodic maintenance, and construction of future phases of the cemetery. The proposed easement is 30’ wide, and extends from Wright Way to the southeast corner of the VA Cemetery parcel. BT Bob Thibault, Civil Engineer, explained there was one technical error in the legal description which he has corrected. Mayor Keener asked if this was to get them into the property. Mr. Thibault answered exactly and an access gate. It will also be used for future development. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Grant of Easement for a Public Utility and Access Easement on City owned property, APN 001-01A-025 with the technical correction presented by Mr. Thibault. The motion passed unanimously. (5-0) B. Review, consideration and possible action to approve the location of the proposed Sestercentennial Art Project “We The People” to be located on portion of APN 001-690- 001, located off the west end of Bullion Road and matters related thereto. FOR POSSIBLE ACTION The City of Elko Arts and Culture Board has preliminary evaluated suitable locations for the proposed 2026 Sestercentennial Art Project “We The People”. The Arts and Culture Board took action at its meeting on October 5, 2022, to request Council approve to locate the project on an elevated portion of APN 001-690-001. SAW Scott Wilkinson, Assistant City Manager, explained we are looking at locating this on Honda hill. Catherine Wines, ACAB, said they looked a lots of locations. This seems to be the best spot. If you look at the hill, you can see if from the freeway. It is a fairly prominent hill. It can be a catalyst for development for this part of town. "We The People" would be done in the same font in metal letters. November 8, 2022 City Council | Minutes Page 5 of 12 The "W" and "P" would be 26ft tall. This will take time and money. There are possible grants that we can look into. She felt a lot of businesses an citizens will get behind this. Councilman Stone asked what is the rest of the hill. Will we put in fencing or landscape? Ms. Wines answered we haven't gotten that far yet. It is not as developed. Fencing is going to be a must to prevent vandalism. Councilman Morris felt there will be lots of activities from bikes and Jeeps. Ms. Wines said the goal is to not cost this board anything, but to get money from elsewhere - Elko Arts Foundation will help facilitate the fundraising. Mr. Wilkinson said we already have Council approval for the fundraising. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the location known as Honda Hill as the location for the Sestercentennial Art Project "We The People." The motion passed unanimously. (5-0) IX. RESOLUTION AND ORDINANCE A. Review, consideration and possible approval of first reading for ordinance 877, an ordinance amending Title 7 Chapter 2 of the Elko City Code entitled "2022 Traffic Code Amendment". In AB 116, Chapter 506 of the 81st (2021) session of the Nevada State Legislature, the State of Nevada provided that the laws of cities concerning traffic must, effective January 1, 2023, be uniform and adopt a civil infraction program, changing the City’s current categorization of the vast majority of traffic offenses from misdemeanors to civil infractions and providing other matters appropriately related thereto. This amendment ordinance makes the necessary changes to the City Code, adopting the State Traffic Laws and amending the General Penalty Code of the City. Certain provisions of local concern found in Title 7 Chapter 2 are also re-adopted in Section 7-2-4 of this amendment. Mr. Wilkinson explained with the recent changes to NRS, change is necessitated of our traffic code. Sparks has taken the same type of approach. Chief Trouten said if you read AB116, it also prohibits cities and counties from keeping a criminal law since these traffic offenses are becoming civil. Mayor Keener asked what kind of impact this will have. Dave Stanton, City Attorney, answered he would assume it will result in less of a workload for Mr. Coyle because there will be fewer criminal proceedings. November 8, 2022 City Council | Minutes Page 6 of 12 Councilman Morris didn't agree with it but our hands are tied. We have to go along with what the Legislature made law. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to conduct first reading of Ordinance No. 877, read it by Title and direct staff to make the necessary filing with the City Clerk, prepare and post the necessary Notice of Filing and to publish as required by Section 2.110 of the Elko City Charter. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of Resolution No. 28-22, A RESOLUTION AUTHORIZING THE CONTINUATION OF A $4.50 PASSENGER FACILITY CHARGE AT THE ELKO REGIONAL AIRPORT and matters related thereto. FOR POSSIBLE ACTION JB On September 13, 2022 City Council approved a Passenger Facility Charge (PFC) consulting services agreement with Leibowitz & Horton Management Consultants Incorporated. A portion of this agreement was establishing PFC Application #3 which includes continuation of the $4.50 passenger facility charge. PFC funds are needed to accomplish eligible projects designed to preserve and enhance the capacity, safety and security of the airport. Air Carriers have been notified of the $4.50 PFC. No responses have been received. Jim Foster, Airport Manager, explained we have been working with a consultant to get this approved. We held airline public meetings but no one showed up. This needs to be approved by the FFA. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve Resolution No. 28-22, a resolution authorizing the continuation of a $4.50 passenger facility charge at the Elko Regional Airport. The motion passed unanimously. (5-0) X. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action on a request from the Veteran’s Administration to waive all public improvements on the street frontage adjacent to the proposed veteran’s cemetery located on APN 001-01A-024, and matters related thereto. FOR POSSIBLE ACTION Several City of Elko codes and the International Fire Code require that public improvements (street, curb, gutter, sidewalk, water, sewer, storm drain, and fire hydrant) be installed along all property street frontages at the time of development. The applicant is developing the vacant lot at 3602 Jennings Way into a veteran’s cemetery. This development of the property triggers the requirement to construct public improvements along both frontages of November 8, 2022 City Council | Minutes Page 7 of 12  the property (Jennings Way and Rocky Road). They are requesting that the City waive all requirements for public improvements along these frontages. More detail can be found in the attached memo from staff. MR Michele Rambo, Development Manager, explained the VA has been having conversations with staff regarding this project. The issue of public improvements has come up numerous times. Several codes require improvements when properties are developed. The VA has submitted a request to waive all improvements along their frontages at the site. We have waiver processes for some improvements such as curb, gutter and sidewalk, but not for others, like fire hydrants. Staff is requesting this item to be tabled to allow for more time for staff and the City Attorney to do some research. Dave Stanton, City Attorney, stated, in terms of waivers, the City is limited in what can be waived. There are federal laws that exempt them from these requirements, at least they have said that in other communications, but here they are asking for waivers. If the applicant can satisfy the requirements, then a waiver can be granted. None of these request fall within the scope of waiver provisions in the code. Council can change the code if it wants to. Right now, Council does not have the authority to grant these waivers. When it comes to exemptions, we need to get the VA to communicate with us better as to what would apply in this case. Mayor Keener thought that made sense. Let's wait to hear from them on this. Gill Hernandez, 1316 7th Street, Veteran's advocate, agreed with the City Attorney. We need to have the VA show us how these exemptions apply to them in this case. They need to show us proof. Councilman Puccinelli wondered if in Option 3 and we ask them to make the improvements in a later phase. Mr. Stanton answered that would be a deferment and he was concerned about deferments setting a precedence. He thought we should deny the request and then we can continue to communicate with the VA about exemptions. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to deny the request from the Veteran's Administration to waive the public improvements on the street frontage adjacent to the proposed veteran's cemetery located at APN 001-01A-024. The motion passed unanimously. (5-0) B. Ratification of the Police Chief issuing a 60-day temporary Packaged Liquor License and issue a regular Packaged Liquor License, to Efren Aguirre, DBA La Nortena, LLC, located at 524 Front Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten explained Efren Aguirre passed the background. He recommended approval. Mayor Keener called for public comments without a response. November 8, 2022 City Council | Minutes Page 8 of 12 ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the Police Chief issuing a 60-day temporary packaged liquor license and issue a regular Packaged Liquor License to Efren Aguirre, dba La Nortena LLC, located at 524 Front Street, Elko, Nevada, 89801. The motion passed unanimously. (5-0) C. Ratification of the Police Chief issuing a 60-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Fernando Vargas, DBA IDK Deli, LLC, located at 975 Terminal Way, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten explained Mr. Vargas passed the background. He discussed license expectations with Mr. Vargas and recommended approval. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to ratify the Police Chief issuing a 60-day temporary retail liquor license and issue a regular Retail Liquor License to Fernando Vargas, dba IDK Deli, LLC, located at 975 Terminal Way, Elko, Nevada, 89801. The motion passed unanimously. (5-0) XI. REPORTS A. Mayor and City Council Mayor Keener reported the Mayor's Arts Awards is coming up December 14. Scott Wilkinson added it will be a Special Arts and Culture meeting scheduled for the14th. They will have the Arts and Culture Chair and Mayor Keener present the awards. Mayor Keener said he received a call from Trina at Great Basin College and she wanted the public to know they are invited on Thursday at 11:30am for veterans. She asked everyone RSVP for the event. They will have food available in the student center area. The Veteran's Day Parade is scheduled too for 11:00 am on Friday. Councilwoman Simons asked about the two special meetings? The special meetings are scheduled for Tuesday, November 15, 2022 at 4:00 pm and Friday, November 18, 2022 at 8:30 am. B. City Manager Absent. November 8, 2022 City Council | Minutes Page 9 of 12  C. Assistant City Manager Scott Wilkinson reported he received an internal evaluation from Union Pacific but he was unable to share it at this time. We want to have a conversation with the Mayor and City Manager and Jan Baum to determine a path forward. An internal evaluation is not an official appraisal but their real estate department is full of competent people. D. Utilities Director No report. E. Public Works Absent. F. Airport Manager Jim Foster reported there was a delay today due to the weather. About two weekends ago they lost the altimeter and the ASOS. The ASOS equipment is owned and operated by the National Weather Service. Over the course of 6 days, flights were delayed up to16 hours because of the equipment failure. One or two flights were cancelled. This equipment is needed in order to land at our facility. It is fixed now. They are anticipating more weather tonight. G. City Attorney Dave Stanton encouraged people that visit San Francisco, to visit the Veteran Cemetery there. It is an amazing facility. H. Fire Chief Chief Snyder stated they are going through the information system software change and he hopes it goes well. The time change is this weekend which means it is time to change the batteries in your smoke detectors. There was a fire over the weekend and the smoke detectors were able to alert the family and get them out in time. Mayor Keener said in the payables there was a $20,000 charge to the Alabama Firefighters Personnel Standards and Educational Training. Is that for training? Chief Snyder answered it is for a rope rescue class we are bringing here. I. Police Chief Chief Trouten reported there are no more tickets available for the Veteran's Ball. They are in the midst of a records management change. They hope to go live on December 13th but they seem to be November 8, 2022 City Council | Minutes Page 10 of 12 struggling with training programs. Some time ago an MOU was approved to get tablets in the vehicles for metal health and the tablets are expected to arrive tomorrow. J. City Clerk Absent. K. City Planner Mayor Keener asked what she may have learned at the Vegas conference. Cathy Laughlin answered it was a good conference this year. They took a bike tour on a shared-use path. There was some good networking. There was a lot on Code changes and NRS requirement changes. L. Development Manager Mayor Keener asked about a complaint at a Silver Street address. Michele Rambo answered she has sent out a letter to the property owner but they have 30 days to respond. M. Financial Services Director Jan Baum reported the auditors are still working on the audit and will likely issue by November 30th but not present until December 13th. The City is recognizing Veteran's Day on Friday and will be closed. There will be a Special Council Meeting regarding the Golf Course next week and the agenda will be posted tomorrow morning, but the agreement won't be posted until next Tuesday. Mayor Keener asked for a report ahead of time. Ms. Baum said she will be going over it tomorrow with Councilman Puccinelli and Councilman Morris. The legal teams are reviewing it now. The Allie Bear reimbursement has been received. N. Parks and Recreation Director James Wiley reported the SnoBowl got a nice amount of snow today. He received several phone calls this morning from people that wanted to ski today but the hill is not skiable. They plan to open the SnoBowl on January 8. Reminder, he will be gone from 11/09 through 11/19 and back the 20th. O. Civil Engineer No report. P. Building Official November 8, 2022 City Council | Minutes Page 11 of 12  No report. 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 Mayor Keener noted the polls are still open for another hour and half. There being no further business, Mayor Reece Keener adjourned the meeting at 5:31 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk November 8, 2022 City Council | Minutes Page 12 of 12