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Regular Meeting

Regular Meeting

Elko, NV · November 22, 2022

AgendaPacketMinutes

Minutes

City of Elko ) County of Elko ) State of Nevada ) SS November 22, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, November 22, 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 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 Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director III. PLEDGE OF ALLEGIANCE November 22, 2022 City Council | Minutes Page 1 of 15 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 Wil Moschetti, 312 Oak Street, said during the September meeting we talked about reconstituting the advisory board. We need to do it. When Council voted in September to extend Duncan's contract, you didn't take into consideration the actual costs to the City. We haven't raised fees in 5 years and that needs to happen too. V. APPROVAL OF MINUTES A. November 8, 2022, Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Display of the "Vitality Mobile Therapy Van," purchased by Vitality Unlimited using a portion of the City of Elko's American Rescue Plan Act (ARPA) funds - INFORMATION ONLY - ACTION WILL NOT BE TAKEN Marianne McKown, Vitality Unlimited, stated the therapy van was parked out front if anyone wanted to see it. We wanted to come here and show the City what we did with the ARPA funds we were given. B. Presentation of the Elko Fire Department ISO Reclassification. FOR INFORMATION ONLY - ACTION WILL NOT BE TAKEN The City of Elko Fire Department applied for an ISO Reclassification in July of 2022 and received notice of the change that will go into effect February 1, 2023. Chief Snyder gave a presentation included in the packet. VII. CONSENT AGENDA A. Review, consideration, and possible approval for the Elko Police Department to accept a $350,000.00 (three hundred and fifty thousand) grant from the Nevada Department of Emergency Management / Homeland Security to assist with costs associated with acquiring a Response and Rescue vehicle for the Elko Special Response Team (ESRT), and matters related thereto. FOR POSSIBLE ACTION The Elko Police Department applied for, and has been granted, funding from the 2022 Homeland Security Grant Program to obtain a Response and Rescue Vehicle to be utilized November 22, 2022 City Council | Minutes Page 2 of 15 by the Elko Special Response Team. The Response and Rescue vehicle would enable the ESRT to get to locations faster and more efficiently without compromising safety. The ESRT has an MOU with neighboring counties making the area of response over 45,000 square miles- thus the need for a vehicle which can reach highway speeds safely and still provide ballistic protection for the operators on board. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the consent agenda. The motion passed unanimously. (5-0) VIII. PERSONNEL A. Employee Introduction: Jennifer Welch, Building Department Present and introduced. B. Review, consideration, and possible approval of Jan Baum's offer letter/employment agreement, effective February 1, 2023, and matters related thereto. FOR POSSIBLE ACTION. The City Council appointed Jan Baum to the City Manager position, effective February 1, 2023. Council directed staff to prepare an offer letter to Jan Baum. Staff has negotiated terms of employment, and a copy of the proposed offer letter/employment agreement is provided in your packets for review and possible approval. SS Susie Shurtz, Human Resources Manager, explained this is the final step. With Council approval, she will get Jan's signature and move forward. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the employment agreement for Jan Baum to the position of City Manager, effective February 1, 2023. The motion passed unanimously. (5-0) IX. APPROPRIATION A. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the regular warrants in the amount of $500,458.71. The motion passed unanimously. (5-0) November 22, 2022 City Council | Minutes Page 3 of 15 B. Review and possible approval of Hand Cut Checks Warrants and matters related thereto. FOR POSSIBLE ACTION. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the hand-cut checks in the amount of $98,183.28. The motion passed unanimously. (5-0) C. Review and possible ratification of utility refunds, and matters related thereto. FOR POSSIBLE ACTION. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the utility refunds in the amount of $2,547.22. The motion passed unanimously. (5-0) D. Review and possible approval of Stonerock Sound & Lighting warrants and matters related thereto. FOR POSSIBLE ACTION. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the Stonerock Sound & Lighting warrants in the amount of $800. The motion passed. (4-0 Councilman Stone abstained.) X. NEW BUSINESS A. Review, consideration, and possible approval of a Performance/Maintenance Agreement for subdivision improvements associated with the Mustang Ridge subdivision, and matters related thereto. FOR POSSIBLE ACTION Elko City Code 3-3-21 requires the subdivider to have executed and filed an agreement between the subdivider and the City for the required subdivision improvements, including stipulations on the timeframe for when those improvements are to be completed, and to post a performance guarantee in accordance with Elko City Code 3-3-22. MR Michele Rambo, Development Manager, explained this is our standard performance agreement that goes with each Final Map. Dave Stanton has reviewed this. She recommended approval. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the Performance/Maintenance Agreement for subdivision improvements associated with the Mustang Ridge subdivision and require that the developer enter into the agreement within 30 days. The motion passed unanimously. (5-0) November 22, 2022 City Council | Minutes Page 4 of 15 B. Review, consideration, and possible acceptance of an easement for utility purposes from P. Michael Marfisi, as Trustee of the P. Michael Marfisi Family Revocable Living Trust, along the southeast property line of APN 001-323-002, and matters related thereto. FOR POSSIBLE ACTION As part of Vacation 4-22 and Resolution No. 24-22 to vacate a portion of West Main Street right-of-way, the City of Elko has conditioned the resolution that an easement over the area being vacated be granted as a public utility easement as requested by the public utility companies. CL Cathy Laughlin, City Planner, explained these next two items are related. It is for the vacation of 10 feet along the back of their properties. The utility companies have come back and have said they have utilities along there. This will clean up the easements to protect the public utilities. ** A motion was made by Council Member Stone, seconded by Council Member Simons to accept the Grant of Easement for Utility Purposes. The motion passed unanimously. (5-0) C. Review, consideration, and possible acceptance of an easement for utility purposes from Dan L. Bilbao, Trustee of the Bilbao Family Trust, along the southeast property line of APN 001-323-003, and matters related thereto. FOR POSSIBLE ACTION As part of Vacation 5-22 and Resolution No. 27-22 to vacate a portion of West Main Street right-of-way, the City of Elko has conditioned the resolution that an easement over the area being vacated be granted as a public utility easement as requested by the public utility companies. CL Ms. Laughlin said this is the same thing but to Mr. Bilbao. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to accept the Grant of Easement for Utility Purposes. The motion passed unanimously. (5-0) D. Review, consideration and possible action to initiate an amendment to Elko City Code Title 3, Chapter 2, Section 3-2-12 entitled “LI, GI INDUSTRIAL DISTRICTS”, and matters related thereto. FOR POSSIBLE ACTION Staff would like City Council to consider adding public, private and trade schools to the conditional uses permitted within the Light Industrial zoning district to be consistent with other jurisdictions. November 22, 2022 City Council | Minutes Page 5 of 15 Ms. Laughlin explained we haven't looked at this zoning for several years and there are some things that need cleaning up. We will be taking this to Planning Commission in January and then it will come back for first and second reading. ** A motion was made by Council Member Stone, seconded by Council Member Morris to initiate an amendment to Elko City Code 3-2-12 LI, GI Industrial Districts and refer the matter to the Planning Commission for further consideration. The motion passed unanimously. (5-0) E. Review, consideration, and direction for staff regarding management of Ruby View Golf Course Pro Shop, golf operations, Restaurant/Bar and Maintenance. FOR POSSIBLE ACTION On November 11, 2022 City Staff received formal notice via email from Duncan Golf Management rescinding their desire to extend their contract with the City of Elko. City Staff is requesting direction from City Council on future management of Ruby View Golf Course. The following examples of management agreements, or a combination thereof, are recommended by staff: Option A: • Golf Operations/Pro Shop: Hire City of Elko Golf Professional employee/contractor to manage • Food & Beverage: Concessionaire Agreement for bar/restaurant management • Maintenance: City of Elko continues to manage Option B: • Golf Operations/Pro Shop/Food & Beverage: RFP for Golf Operations/Pro Shop/Food & Beverage • Maintenance: City of Elko continues to manage Option C: • Golf Operations/Pro Shop: RFP for all-in-one management company • Food & Beverage: RFP for all-in-one management company • Maintenance: RFP for all-in-one management company Jan Baum, Financial Services Director, explained the different options listed on the agenda. Mayor Keener thought Option A would be the last choice. He has heard from some interested parties. When we put it out for RFP last time, did we leave it up to the applicant as to how big they wanted it to be? Ms. Baum answered we put it out for Golf Operations and Food and Beverage as one. We would use the same RFP this time to expedite the process. Councilwoman Simons felt we should put it out there for everything. Mayor Keener didn't agree because there might be a reputable golf professional that everyone loves that has no desire to do the rest. November 22, 2022 City Council | Minutes Page 6 of 15 Councilman Morris liked option A. James Wiley, Parks and Recreation Director, felt all the options were good but we are late in the game to pull off a large RFP. He felt option A was the best choice to get the Golf Course open by March 1, 2023. RFP's take a long time to get through. Time is of the essence. Councilman Puccinelli noted there were some local people that could step in and help, but with any option, we are just putting a band aid on it. With the time we have, we cannot go out for a full request. Councilman Morris felt it would be better to have separate RFP's. That way we get interested people that will do a good job. Ms. Baum said the three options were discussed a little bit today. If Council is interested in Option A, we would contract with a Golf Professional and we would hire the seasonal helpers to help the Golf Pro. Wil Moschetti said he knew for a fact there was a local golf professional that was interested. Option A makes it tough to make a living without the bar. Last time we went for RFP we got two of the bigger companies. We narrowed down the choices and at the end he did not vote for Duncan. The most viable option is Option B. He did not think Option C would work at all. The chances of doing an RFP and getting someone online for March 1 are nil. Chris Johnson, 123 Woods Court, said he would have both A and B and see what response you get. The maintenance side of the course would be tough to put together. Keep the maintenance within the City and offer A and B and see what you get. Ms. Baum said if we put out 3 RFP's, that will take some time. We really want to open by March 1st. How long do we want the term to be? If we do a food and beverage concessionaire, we are thinking we do it similar to how the Airport is doing it and charge a percentage of gross income. We are looking at the gross income for the last year and we believe 20% would pay for the golf pro. We would also like to keep it where the City keeps all of the revenue so we can pay for the maintenance. Do you prefer an employee or contract employee? Councilman Morris felt we should go with 2 years. Councilman Puccinelli agreed and that we should have a contractor. Ms. Baum asked if they were in favor of a tiered or straight percentage of the gross income? They would get the place for free and then the City gets a fee. Mayor Keener asked how the Airport concessionaire works. Ms. Baum explained the tiered fees they pay based on their gross income. She handed out a report for the last year she got from Duncan Golf Management for the Food and Beverage gross income. November 22, 2022 City Council | Minutes Page 7 of 15 Mayor Keener asked if there was a boiler plate agreement we could use to streamline the process. Ms. Baum answered yes, we can use the ones we have used in the past as an example. Chris Johnson stated that if you look at all the Golf Pro agreements we have had, they are very similar. Each one will want to do things a little bit differently and that is where you will have to negotiate. Mayor Keener asked if the Board was good for 2 years with an option. (yes) Everything will be spelled out in the concessionaire agreement and it will be negotiable. He asked if everyone was good with the Food and Beverage topping out at 20%. (yes) It sounds like Option A. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to go with Option A as presented and the Financial Services Director will work on a concessionaire agreement, and due to the essence of time, it is the intent of the Board to not have this come back but rather to be completed by the Financial Services Director so it can be distributed immediately. It will have a 2-year term with a 5-year option. We will leave it open for the employee to chose to be an employee or a contractor. They can bid one or both the RFPs. The motion passed unanimously. (5-0) F. Review, consideration and possible action to accept a dedication of Right-of-Way and Temporary Slope Easements for Errecart Boulevard and South 9th Street across APN: 001- 730-010, between R. Thomas Tipton and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The proposed Right-of-Way and temporary slope easements will facilitate the installation of water infrastructure associated with projects proposed under the American Rescue Plan Act (ARPA) funding for water infrastructure in the immediate area. This covers a portion of the future extensions of Errecart Boulevard and South 9th Street. Other portions of the needed right-of-way will be dedicated separately. BT Bob Thibault, Civil Engineer, explained this is one more step in the process of the Errecart Blvd. connection. He thanked Mr. Tipton for his cooperation. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to accept the Deed of Dedication for Errecart Boulevard and South 9th Street across APN: 001- 730-010. The motion passed unanimously. (5-0) November 22, 2022 City Council | Minutes Page 8 of 15 G. Fire Department Self Inspection and Virtual Inspection Program. FOR POSSIBLE ACTION The City of Elko Fire Department would like to implement a Self Inspection and Virtual Fire Inspection Program for low hazard businesses and occupancies as well as virtual inspections for specific types of fire inspections. The Fire Department is looking to improve the processes for certain types of Fire Inspections to be more efficient and effective. These inspections will aid in streamlining business license renewal, be convenient for local business owners and contractors and increase the amount of inspections within the City aiding in improving our ISO and annual inspection compliance. Chief Snyder explained they are looking for approval for a new project they have been working on for the last 6 months or so. He gave a presentation included in the packet. They plan on creating some PSA's that will be pushed out to the public so they understand what we are looking for. Councilman Stone stated he likes this idea. Councilman Puccinelli agreed. ** A motion was made by Council Member Stone, seconded by Council Member Simons for the Fire Department to implement the Virtual Fire and Self-Inspection Program. The motion passed unanimously. (5-0) BREAK XIII. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible act to adopt ordinance 877, an ordinance amending Title 7 Chapter 2 of the Elko City Code entitled "2022 Traffic Code Amendment", Laws of the State of Nevada concerning traffic laws generally, providing for the great majority of violations to be punishable by civil infractions as required by recent changes to State Law, re-adopting certain traffic laws of local concern, amending the general penalty code in Title 3 Chapter 1 concerning appropriate penalties and providing other matters appropriately related thereto. FOR POSSIBLE ACTION. 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. First Reading was approved at the 11/8/2022 City Council and public hearing notice was posted. November 22, 2022 City Council | Minutes Page 9 of 15 Chief Trouten explained this is bringing us in line with the law changes effective January 1, 2023. This will have severe impact if we do not do this. Mayor Keener noted this is a housekeeping item since it is mandated that we comply with it. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to conduct second reading, public hearing and adopt Ordinance No. 877. The motion passed unanimously. (5-0) X. NEW BUSINESS (Cont.) H. Review, consideration, and possible approval of a consulting agreement between the City of Elko and Airplanners, LLC, for the purpose of providing air service management and development tasks on behalf of the City, and matters related thereto. FOR POSSIBLE ACTION The proposed agreement is a simple renewal of the current agreement that was approved on December 14, 2021. If approved, the proposed agreement will be effective on January 1, 2023. CC Jim Foster, Airport Manager, explained there will be one slight modification on the agreement with the contact person at Airplanners. Mayor Keener saw in the agreement that if a new airline was recruited, the bonus is triggered on the announcement. It seems that we want to make sure they actually pull the trigger and operate before that happens. We had that airline that was hot to come to Elko but went bankrupt before they had the opportunity. Bill Tomsich, Airplanners, said he would like to address that. He can amend that to actually coincide with the physical introduction of the new flight. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the consulting agreement between the City of Elko and Airplanners, LLC, for the purpose of providing air service management and development tasks on behalf of the City of Elko, subject to an amendment to include the triggering event being the physical introduction of a new airline, and change to Bill Tomsich. The motion passed unanimously. (5-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action to accept a petition for the vacation of a portion of the Ash Street right-of-way consisting of an area approximately 1,725 sq. ft., filed by November 22, 2022 City Council | Minutes Page 10 of 15 Ash Street Village LLC. and processed as Vacation No. 7-22, and matters related thereto. FOR POSSIBLE ACTION The owner of the property is requesting the vacation of Ash Street to support the development of a new townhome subdivision. CL Cathy Laughlin, City Planner, explained we have two exhibits included in the packet because there are two parcels. There are two areas proposed to be vacated. We have talked with the applicant regarding a blanket easement over the area and they have agreed to grant that to us. This is the petition and it will go to Planning Commission if accepted tonight. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons 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) B. Ratification of the Police Chief issuing a 60-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Jesus Castaneda and Elizabeth Castaneda, DBA Elkocoyote Restaurant Bar, located at 232 Silver Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten explained he has met with the applicants and they have both passed the background check. They have been operating for two months so far and he heard the food is good. ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the Police Chief issuing a 60-day temporary retail liquor license and issue a regular Retail Liquor License to Jesus Castaneda and Elizabeth Castaneda, dba Elkocoyote Restaurant Bar, located at 232 Silver Street, Elko, Nevada, 89801. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE A. Review, discussion, and possible adoption of Resolution No. 30-22, a resolution approving a Memorandum of Understanding and Form Contract to be utilized for Cold Weather Shelters during Cold Weather Emergencies, and matters related thereto. FOR POSSIBLE ACTION As a possible means of providing shelter to homeless persons during periods of extreme cold weather, staff is proposing the adoption of a Memorandum of Understanding and a Form Contract that could be utilized to rent hotel/motel rooms under NRS 332.112 on an as-available basis. SAW November 22, 2022 City Council | Minutes Page 11 of 15 Scott Wilkinson, Assistant City Manager, explained the MOU we approve every year is only good for 6 months, and that is why it keeps coming back. He was making a few minor changes to the agreement this time but the rest is the same. Councilman Morris asked if he thought there would be any takers this year. Mr. Wilkinson answered there were some rooms available at one hotel last year and he will ask them first. There has been no interest from the other hoteliers in the community. ** A motion was made by Council Member Stone, seconded by Council Member Simons to Approve adopt Resolution No. 30-22. The motion passed unanimously. (5-0) XIV. REPORTS A. Mayor and City Council Mayor Keener stated he was glad the election was over and glad there will be a new Governor. He was also looking forward to the 2023 Legislative Session. Happy Thanksgiving. Councilman Stone reported the ECVA has an opening for an administrative assistant. B. City Manager Absent. C. Assistant City Manager Scott Wilkinson reported Mayor Keener, Jan, Curtis and himself met and discussed the UP Issue. We will look at some things internally. This will take some time. He thanked the Street Department for cleaning out the humanitarian camp. It looks pretty good right now. D. Utilities Director Dale Johnson updated the Hospital Second Source Project will be back out to bid next week and will open the 29th of December. They got some final costs on the W. Birch sewer repair: $96,966.72. Our cost associated with that was another $56,520.92. That one sewer line came to a total of $153,487.64. Our total cost with all the other sewer and water repairs is $216,424.59. Mayor Keener asked if those have been presented to the contractor yet. Mr. Johnson answered no Mr. Wilkinson and Mr. Stanton were working on that. The rest of the ARPA projects are nearing design completion and will be out to bid spring time next year. November 22, 2022 City Council | Minutes Page 12 of 15 E. Public Works Absent. F. Airport Manager No report. G. City Attorney No report. H. Fire Chief Chief Snyder reported their new firefighter is out of his red shirt and they are at full staffing. I. Police Chief Chief Trouten said he appreciates the Fire Department for helping the PD with some explosive device calls recently. Someone posted on Facebook that there was a bomb threat but the truth was that a device was found and as a precaution, they had the children at Mountain View Elementary school stay inside until the device was disposed of. J. City Clerk Mayor Keener asked about the Transient Lodging Tax Business Impact Statement and if it has gone out. Diann Byington answered the Business Impact Statement has gone out. We have received one response and we expect to hear from more hoteliers. Mayor Keener said he had some issues with agenda downloading. Ms. Byington said we have been experiencing some issues with the agenda. We lost the server during this meeting tonight. K. City Planner Cathy Laughlin reported that Mr. Smales and Mr. Keller have backed out of the purchase of the N. 5th Street land. She sent an invoice for the appraisal and the legal notification fees, as well as the legal fees. Mayor Keener thanked her for the invite to the webinar. Ms. Laughlin explained the webinar and invited everyone. It will be held on December 6th. November 22, 2022 City Council | Minutes Page 13 of 15 L. Development Manager Mayor Keener asked about a letter for a complaint. Michele Rambo answered she got a call back from the renter at the residence and he said he will clean it up. M. Financial Services Director Jan Baum thanked Council for approving the employment agreement. There is a posting for a Financial Services Director. It is a great opportunity for someone. The audit will be presented on December 13th. The 13th may be a long meeting. Mayor Keener asked her to work with James Wiley to get the Golf Course Advisory Board reconstituted so they can help review the RFP's. He saw that West Wendover had an opening for their Financial Services Director. Later on he asked about a cargo van for facilities. Ms. Baum answered it was purchased outright instead of using the Enterprise lease. Many Enterprise vehicles are being deferred to next year. N. Parks and Recreation Director James Wiley wished everyone a Happy Thanksgiving. His Recreation Office has a major failure with the roof. A contractor looked at it today but there is not much that can be done to it right now. It may need a new roof. They are working hard at the SnoBowl. We had a storm but it wasn't enough snow. We are far from being able to ski. We are recruiting for the SnoBowl. At the swimming pool, these cold temps have reeked havic on the indoor pool. It is similar to a rain forest in there right now. O. Civil Engineer No report. P. Building Official Mayor Keener asked if he was fully staffed. Jeff Ford answered yes. XV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. November 22, 2022 City Council | Minutes Page 14 of 15 There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk November 22, 2022 City Council | Minutes Page 15 of 15

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, November 22, 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/983345069 You can also call in +1 (408) 650-3123 Access Code: 983-345-069 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, November 17, 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 17 day of November, 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 Curtis Calder, City Manager Elko, Nevada November 22, 2022 Elko City Council Page 1 City of Elko Regular Meeting City Council Meeting Tuesday November 22, 2022 - 4:00 PM Elko City Hall, Council Chambers, 1751 College Avenue, Elko, NV 89801 https://ob.elkocitynv.gov/onbaseagendaonline https://meet.goto.com/983345069 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. November 8, 2022, Regular Session VI. PRESENTATION A. Display of the "Vitality Mobile Therapy Van," purchased by Vitality Unlimited using a portion of the City of Elko's American Rescue Plan Act (ARPA) funds - INFORMATION ONLY - ACTION WILL NOT BE TAKEN B. Presentation of the Elko Fire Department ISO Reclassification. FOR INFORMATION ONLY - ACTION WILL NOT BE TAKEN The City of Elko Fire Department applied for an ISO Reclassification in July of 2022 and received notice of the change that will go into effect February 1, 2023. VII. CONSENT AGENDA A. Review, consideration, and possible approval for the Elko Police Department to accept a $350,000.00 (three hundred and fifty thousand) grant from the Nevada Department of Emergency November 22, 2022 Elko City Council Agenda Page 2 of 7 Management / Homeland Security to assist with costs associated with acquiring a Response and Rescue vehicle for the Elko Special Response Team (ESRT), and matters related thereto. FOR POSSIBLE ACTION The Elko Police Department applied for, and has been granted, funding from the 2022 Homeland Security Grant Program to obtain a Response and Rescue Vehicle to be utilized by the Elko Special Response Team. The Response and Rescue vehicle would enable the ESRT to get to locations faster and more efficiently without compromising safety. The ESRT has an MOU with neighboring counties making the area of response over 45,000 square miles- thus the need for a vehicle which can reach highway speeds safely and still provide ballistic protection for the operators on board. VIII. PERSONNEL A. Employee Introduction: Jennifer Welch, Building Department B. Review, consideration, and possible approval of Jan Baum's offer letter/employment agreement, effective February 1, 2023, and matters related thereto. FOR POSSIBLE ACTION. The City Council appointed Jan Baum to the City Manager position, effective February 1, 2023. Council directed staff to prepare an offer letter to Jan Baum. Staff has negotiated terms of employment, and a copy of the proposed offer letter/employment agreement is provided in your packets for review and possible approval. SS IX. APPROPRIATION A. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE ACTION B. Review and possible approval of Hand Cut Checks Warrants and matters related thereto. FOR POSSIBLE ACTION. C. Review and possible ratification of utility refunds, and matters related thereto. FOR POSSIBLE ACTION. D. Review and possible approval of Stonerock Sound & Lighting warrants and matters related thereto. FOR POSSIBLE ACTION. X. NEW BUSINESS A. Review, consideration, and possible approval of a Performance/Maintenance Agreement for subdivision improvements associated with the Mustang Ridge subdivision, and matters related thereto. FOR POSSIBLE ACTION Elko City Code 3-3-21 requires the subdivider to have executed and filed an agreement between the subdivider and the City for the required subdivision improvements, including stipulations on November 22, 2022 Elko City Council Agenda Page 3 of 7 the timeframe for when those improvements are to be completed, and to post a performance guarantee in accordance with Elko City Code 3-3-22. MR B. Review, consideration, and possible acceptance of an easement for utility purposes from P. Michael Marfisi, as Trustee of the P. Michael Marfisi Family Revocable Living Trust, along the southeast property line of APN 001-323-002, and matters related thereto. FOR POSSIBLE ACTION As part of Vacation 4-22 and Resolution No. 24-22 to vacate a portion of West Main Street right- of-way, the City of Elko has conditioned the resolution that an easement over the area being vacated be granted as a public utility easement as requested by the public utility companies. CL C. Review, consideration, and possible acceptance of an easement for utility purposes from Dan L. Bilbao, Trustee of the Bilbao Family Trust, along the southeast property line of APN 001-323- 003, and matters related thereto. FOR POSSIBLE ACTION As part of Vacation 5-22 and Resolution No. 27-22 to vacate a portion of West Main Street right- of-way, the City of Elko has conditioned the resolution that an easement over the area being vacated be granted as a public utility easement as requested by the public utility companies. CL D. Review, consideration and possible action to initiate an amendment to Elko City Code Title 3, Chapter 2, Section 3-2-12 entitled “LI, GI INDUSTRIAL DISTRICTS”, and matters related thereto. FOR POSSIBLE ACTION Staff would like City Council to consider adding public, private and trade schools to the conditional uses permitted within the Light Industrial zoning district to be consistent with other jurisdictions. E. Review, consideration, and direction for staff regarding management of Ruby View Golf Course Pro Shop, golf operations, Restaurant/Bar and Maintenance. FOR POSSIBLE ACTION On November 11, 2022 City Staff received formal notice via email from Duncan Golf Management rescinding their desire to extend their contract with the City of Elko. City Staff is requesting direction from City Council on future management of Ruby View Golf Course. The following examples of management agreements, or a combination thereof, are recommended by staff: Option A: • Golf Operations/Pro Shop: Hire City of Elko Golf Professional employee/contractor to manage • Food & Beverage: Concessionaire Agreement for bar/restaurant management • Maintenance: City of Elko continues to manage Option B: • Golf Operations/Pro Shop/Food & Beverage: RFP for Golf Operations/Pro Shop/Food & Beverage • Maintenance: City of Elko continues to manage Option C: • Golf Operations/Pro Shop: RFP for all-in-one management company November 22, 2022 Elko City Council Agenda Page 4 of 7 • Food & Beverage: RFP for all-in-one management company • Maintenance: RFP for all-in-one management company F. Review, consideration and possible action to accept a dedication of Right-of-Way and Temporary Slope Easements for Errecart Boulevard and South 9th Street across APN: 001-730-010, between R. Thomas Tipton and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The proposed Right-of-Way and temporary slope easements will facilitate the installation of water infrastructure associated with projects proposed under the American Rescue Plan Act (ARPA) funding for water infrastructure in the immediate area. This covers a portion of the future extensions of Errecart Boulevard and South 9th Street. Other portions of the needed right-of-way will be dedicated separately. BT G. Fire Department Self Inspection and Virtual Inspection Program. FOR POSSIBLE ACTION The City of Elko Fire Department would like to implement a Self Inspection and Virtual Fire Inspection Program for low hazard businesses and occupancies as well as virtual inspections for specific types of fire inspections. The Fire Department is looking to improve the processes for certain types of Fire Inspections to be more efficient and effective. These inspections will aid in streamlining business license renewal, be convenient for local business owners and contractors and increase the amount of inspections within the City aiding in improving our ISO and annual inspection compliance. H. Review, consideration, and possible approval of a consulting agreement between the City of Elko and Airplanners, LLC, for the purpose of providing air service management and development tasks on behalf of the City, and matters related thereto. FOR POSSIBLE ACTION The proposed agreement is a simple renewal of the current agreement that was approved on December 14, 2021. If approved, the proposed agreement will be effective on January 1, 2023. CC XI. RESOLUTION AND ORDINANCE A. Review, discussion, and possible adoption of Resolution No. 30-22, a resolution approving a Memorandum of Understanding and Form Contract to be utilized for Cold Weather Shelters during Cold Weather Emergencies, and matters related thereto. FOR POSSIBLE ACTION As a possible means of providing shelter to homeless persons during periods of extreme cold weather, staff is proposing the adoption of a Memorandum of Understanding and a Form Contract that could be utilized to rent hotel/motel rooms under NRS 332.112 on an as-available basis. SAW XII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action to accept a petition for the vacation of a portion of the Ash Street right-of-way consisting of an area approximately 1,725 sq. ft., filed by Ash Street November 22, 2022 Elko City Council Agenda Page 5 of 7 Village LLC. and processed as Vacation No. 7-22, and matters related thereto. FOR POSSIBLE ACTION The owner of the property is requesting the vacation of Ash Street to support the development of a new townhome subdivision. CL B. Ratification of the Police Chief issuing a 60-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Jesus Castaneda and Elizabeth Castaneda, DBA Elkocoyote Restaurant Bar, located at 232 Silver Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION XIII. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible act to adopt ordinance 877, an ordinance amending Title 7 Chapter 2 of the Elko City Code entitled "2022 Traffic Code Amendment", Laws of the State of Nevada concerning traffic laws generally, providing for the great majority of violations to be punishable by civil infractions as required by recent changes to State Law, re-adopting certain traffic laws of local concern, amending the general penalty code in Title 3 Chapter 1 concerning appropriate penalties and providing other matters appropriately related thereto. FOR POSSIBLE ACTION. 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. First Reading was approved at the 11/8/2022 City Council and public hearing notice was posted. XIV. 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 November 22, 2022 Elko City Council Agenda Page 6 of 7 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 XV. 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 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, Curtis Calder City Manager November 22, 2022 Elko City Council Agenda Page 7 of 7

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