Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS December 13, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, December 13, 2022. The meeting was held at the Elko Convention Center in the Turquoise Room, 700 Moren Way, 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 Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager DJ Smith, Computer Information Systems Coordinator Jack Snyder, Fire Chief Dave Stanton, City Attorney Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director Dennis Strickland, Public Works Director III. PLEDGE OF ALLEGIANCE December 13, 2022 City Council | Minutes Page 1 of 28 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 called up Kelly Wooldridge to present Debbie Henseler with a retirement plaque. Kelly Wooldridge, City Clerk, said she had been in denial for a while but wanted to announce the retirement of Debbie Henseler after almost 27 years working in the Clerk's Office. She hopes that Debbie comes back part-time after some time. Debbie Henseler, Business License Technician, thanked Curtis Calder for inviting the public for her to make a public comment. She has loved working for the City of Elko. The city has grown a lot since she started here. It is not a small town anymore but it feels like it. It has been hard watching all her friends retire and leave the city. Now it is her turn. Mayor Keener wished her luck and hoped she enjoys her retirement. Diann Byington, Recording Secretary, said she has worked with Debbie for almost 11 years. It has been a great 11 years. We will miss her greatly. Matt McCarty thanked the Street Department for taking care of the parking lot at the Senior Center. V. APPROVAL OF MINUTES A. November 18, 2022 - Special Session B. November 22, 2022 - Regular Session The minutes were approved by general consent. VII. PERSONNEL A. Employee Introductions: 1.) Kurstin Greenland, Part Time Code Enforcement 2.) Jennifer Welch, Building Technical Assistant, Building Department Kurstin Greenland was present and introduced. The second introduction had been taken care of at the last Council Meeting. IX. UNFINISHED BUSINESS December 13, 2022 City Council | Minutes Page 2 of 28  A. Review, consideration, and possible action to determine the scope of proposed conveyance(s) of City-owned property to the Boys & Girls Club of Elko, Inc., for the possible construction of an "Aquatics & Recreation Center" and "Events Center," including the approximate size, shape, and location of conceptual parcels, and matters related thereto. FOR POSSIBLE ACTION In the spring of 2022, the City of Elko, Elko County, and the Boys and Girls Club of Elko, Inc. entered into a Letter of Understanding regarding the above referenced Project(s). Since that time, the City of Elko has initiated the design for Phase 2 of the Sports Complex. The Boys and Girls Club of Elko, Inc., has provided a site plan outlining the approximate locations of the "Aquatics and Recreation Center" and the "Events Center." Possible action includes directing Staff to initiate the conveyance for one (1) project site, two (2) project sites, or none of the project sites. A copy of the 2011 "Elko Recreation Center Feasibility Study," the "Draft Letter of Understanding for Construction of Recreation/Events Center," Boys & Girls Club Project Site Plan, and City of Elko Conceptual Parcel Display has been enclosed in the agenda packet for reference. CC Curtis Calder, City Manager, stated all the documents were included in the packet. The feasibility study was done some time ago and it is an important piece of history that everyone needs to understand. Rusty Bahr was going to give a presentation on his site plan. Rusty Bahr, Boys and Girls Club Elko, read a statement (attached). Mayor Keener stated things are rough. Has the Architect started working on the buildings? Mr. Bahr answered their building committee has gone through the process of obtaining an architect and a contractor to build this. We cannot move forward with the next steps until this process today. The Boys and Girls Club cannot commit to millions of dollars, $3 million to be exact, for the design of these if we are not going to get the land at all. We have selected a contractor. We have selected an architect. We do have their proposals. The board has voted unanimously to accept those and tomorrow those will be executed if this is approved. Mayor Keener asked what sort of events would you forecast being held in this facility. Mr. Bahr answered this facility would hold concerts. It would hold family events like Disney on Ice, and those types of things. Sporting events. This would be different from the Winnemucca center. A lot people compare it to Winnemucca. We are not a dirt filled. We are a sports complex first. For over 300 days a year, there are sports courts that could be used for recreational basketball, volleyball, pickle ball, these types of things. When we do rodeo, the dirt is brought in. We've got artificial dirt that will go in there. This is different. People have tried to compare the two but they are not comparable. Concerts. We can do rodeo events. There will be a regulation, PRCA approved arena that can fit in this thing. We can do indoor car shows. This is made for major events. One of the things we want to make clear is that we will enter into an agreement with the Convention Center that they will have the first right of refusal on events. This is made to enhance what we have in this community, not duplicate or compete. We aren't made for family reunions or that type of things. If December 13, 2022 City Council | Minutes Page 3 of 28 the Convention Center can handle it then we think it should be there to make sure they continue to be successful. Mayor Keener said he understood the Winnemucca Events Complex hosts a lot of kids sports events and tournaments. Will you be using this one in the same manner? Mr. Bahr answered yes, that will be a major part of this. Now only with our basketball programs. Not many people realize that the Boys and Girls Club actually runs the largest sports program for the youth. We would like to open this up for the school district. Mayor Keener asked if it would be of an adequate size for rugby. The rugby group is looking at the possibility of sitting a camp here. Mr. Bahr answered they have been meeting with the rugby group as well. They have been looking at amenities and housing for the athletes. It is important to understand that, yes, we have an engineer on this. Yes, we have some preliminary architectural drawings, but we have not entertained an architect right now because of the money. We believe the facility will be 71,000 sq. ft. wide. We have visited other similar facilities and we have talked to them about what they did wrong. We have been working with Southern Bleachers so we get the bleachers all planned. We did entertain an agreement with Priefert Manufacturing for the rodeo arena. We know the sizes of these. Mayor Keener asked if his intent was to build this with no debt attached to it. Mr. Bahr answered no debt, that's right. We believe we have a pathway, but again, that would be up to Council. The Council needs to agree to convey the land in order to secure the money. Mayor Keener clarified he asked because what if something goes sideways and the City or County ends up taking over the operations. Mr. Bahr said it would be fair if the City or County took over if that happened. Every business is vulnerable. We believe we have the experience and the history of being in the black for over 22 years. We are confident that will not happen. Mayor Keener opened the floor to those that are in favor of the project. He asked that the comments be limited to 3 minutes each. Casey Gallagher said he lives in Lamoille and operates a business in Elko. He wanted to first represent the Chamber of Commerce, and stated they are in favor of both of these projects and sees a huge benefit to Elko. As part of the Boys and Girls Club, he spoke about what effects this project will have on the community. He urged Council to convey the land to the Boys and Girls Club so they can bring these dreams alive. Mike Gallagher said this has been going on for a long time. We have all listened to the reasons for and against. The ball fields will be moved with two more fields. The Events Center has been looked at for 20 years. We have all listened to the reason but the only real logical solution is to move forward December 13, 2022 City Council | Minutes Page 4 of 28 with this project. The location is premium and this can't work without that particular location. It doesn't make sense to do it anywhere else. This could be your legacy as well as the community's. Sheldon Mudd, Executive Director of Northeastern Nevada Regional Development Authority, said they are responsible for the economic development of 40,000 sq. miles of Northeastern Nevada. Wanted to speak about Economic Development. His office is at 1500 College Pkwy in Elko. No one really understands what economic development means. It is about injecting more cash into the community than is going out. We recruit industries that keep those funds here. Tourism and recreation is different because all you have to worry about is separating visitors from their cash before they leave town. If you want bigger industries, such as Costco or Olive Garden, you will need projects such as this. In his opinion, this project will support and help the area with Economic Development. Chuck Peterson, 239 Khoury Lane, stated he was all for the project. He is impressed with the Boys and Girls Club and their board, and the work they have done. There is a lot of work that goes into these things to get to this level. We have heard for years about why we don't have a new pool or a recreation facility. If we are not always improving, we are falling behind. He urged Council to vote in favor of the project. Lori Gilbert, reporter, asked for a point of clarification. She asked Mr. Mudd if he was there representing the board or himself. Mr. Mudd answered he was there on behalf of NNRDA. Pat Laughlin, President of Silver State Stampede, noted this is a touchy situation. He grew up here and has known the Kump Family for about 50 years. This is an emotional subject for the Kump family, and for him. As far as the rodeo goes, he didn't want to bore everyone about the logistics of putting the events center there, but that is the best place for it. This is about bringing events to town. We need to keep moving forward. Now is the time to start. He asked Council to look at the full picture and don't bring in your emotions. Michelle Smith, 2073 Meadows Ridge Drive, President Elko Swim Team, was in support of the new Aquatics Facility. She asked that someone from the swim team be part of the board. Ryan Hoene, 94 Barrington Avenue, said he remembers playing on Kump field when he was young. He has fond memories of the fields that are proposed to be moved. These fields are a wonderful part of Elko history. We should be grateful for Mr. Kump building the fields. He did it because there was something missing in the community. It is his hope to celebrate Mr. Kump by bringing opportunity to our kids by building these new facilities. Cami Gerber, 138 Spring Creek Court, said she works for Boys and Girls Club. In 1954, Jay Kump built the first ball field where City Hall is today. After outgrowing the first field, a new one was built on Golf Course Road, where Kump field is today. Mr. Kump said his theory was to build a good place for kids to play ball. He figured if we kept them on the field and off the streets, we might make good citizens out of them. Mr. Kump's statement dovetails with the vision of Boys and Girls Club. We ensure success is in reach of all young people that enter their doors. We have outgrown our fields. December 13, 2022 City Council | Minutes Page 5 of 28 We need to ask ourselves if we have the same drive as Mr. Kump and build on his legacy for all the young people. We are happy to be on the side of the Boys and Girls Club and the City and County. Zach Gerber, 189 Court Street, said there is something special in Elko because we recognize the benefit of Non-Profits, such as FISH and Boys and Girls Club. Government cannot find the solution for everything. This project will provide a solution to a problem. You have to come together to find solutions. Mr. Bahr gave a great presentation where he said they looked for solutions and this is the best solution for the problem. He asked Council to move forward with a great partnership with non- profits. Alkie Mariluch, Silver State Stampede, said they are for the new facility in the proposed location because of the infrastructure and because we need it for the rodeo. We brought in new seats this year and there is still no capacity. He agreed with what has been said. Colby Curtis, 3720 Wright Way, said he is excited that this is an actual option today. When he moved here in 2007 he really wanted to see a Recreation Center. He has served on the Recreation Advisory Board for a lot of years and has heard the discussion for many years. This will have an amazing impact on the community for years to come. Jon Karr, County Commissioner, business owner, said he has been a resident in Elko since 1974. This is a great collaboration with the County as well. He is excited to get this done. Bert Gurr said he has been here since 1949. He has played ball on the fields and he watched Jay Kump build them by hand. He loves the family. It is time to do this. When the new field is done, we need to make sure his name is one of them. Brent Stokes, business owner, said some good points have been made on this. As a parent of small boys, we don't have facilities for youth here that want to put in extra work to improve their skills. If you try to coach a youth basketball team, you run into no gyms, no space, no facilities. He would hope Council took that into consideration. His grandfather was a basketball coach in Salmon, Idaho when there was a population of 200. They won the state championship and they built the gym in his name. Two years that gym was torn down for something better. It was hard for his family to look at that court that was no longer Stokes Court anymore but it still brings pride to the family to see the courts there giving the children opportunities they wouldn't have otherwise. Mayor Keener opened the floor for comments in opposition. Gaylen Christean, 203 Copper Street, said they have been working on collecting signatures in their support. He found it disturbing that some business people were hesitant to sign because they were worried about retribution. He has lived here many years and coached youth and adults on both complexes. He started coaching in 1975 on Kump field. He understood the idea of having some progress but he felt the location was wrong for the project. He is not against the center but why destroy a facility that is already used by so many youth. There is history there. Don't destroy what we already have. He suggested near the Igloo. It is good enough for our Police Station. He heard there had been an offer of land near Kittridge Canyon that the City never acted on. You might say the land needs to be purchased or the utilities are not available. There are grants available to help with that development. December 13, 2022 City Council | Minutes Page 6 of 28 He felt this entire project has divided the community. Much of that division is from those that did not grow up here and don't understand the bond of those facilities. There was some conflict with Project Lifesaver years ago but it moved the tracks out of downtown and saved many lives. The community came together for the construction of Johnny Appleseed Park based on Orville Wilson's dream of a playground. Just like Jay Kump's dream to build a ball field many years before. All the parents got together to build Johnny Appleseed and it got built. He can't dispute the fact that we can use this but it is the wrong location. The facility in Winnemucca is outside town. He wasn't sure how there could be enough parking for the facility unless you tear out the football fields. What will you do when you find out there isn't enough room. Someone brought up Exit 298 but the infrastructure is not there. There is plenty of room by the Igloo. Moyle Kump stated Elko has always been a kid friendly place. He was raised here and chose to return to raise his own family here. Most of his kids have chosen to raise their own children here. That is because of the Recreation facility and the ball fields in the same area. It is a place parents can feel comfortable bringing kids of all different ages. It is easy to supervise the children there. He totally believes it is wrong to destroy or relocate facilities. The original plan was always to add fields and not to replace them with buildings. The existing facilities provides safe places for our children to be, located centrally in the city and available all day long. They are pleasing for people to go by and see and important to people in the facility. He had an 80th birthday party this year where some of his high school friends came to. They spent some time driving around town looking at everything. The parks are beautiful and the maintenance guys do a great job. He hears all these figures being thrown around and his dad built the fields for nothing. His family met with the Gallagher boy and Rusty earlier this fall. Mr. Bahr said he had no intention of ruffling feathers in this community. This project as it is proposed will do just that. He has spoken to many people from all over the County, to the point that he doesn't want to talk to them anymore. The first reaction he gets is surprise and they all want to know what is going on. The guys from Wells wanted to know what was going on because that is where they play their games. It doesn't make a lot of sense. The second reaction he gets is disbelief and some are angry. He wasn't sure what Council has done to measure the reaction and desires of the average citizen, but it isn't enough. He urged Council to return to the original plan. These fields need to stay. Build a new pool but leave the fields alone. Don't send my dad's name out to the new fields because he would never build a field out there. Jeff Kump said it is his understanding that Council is preceding under NRS 268.063. Before there is a conveyance there needs to be an appraisal, and you must adopt a resolution that it is in the best interest of the public. His opinion is that the parks are the best area in the town. The location of the parks make it a safe place for the children. It is where our community comes together. In looking at the Master Plan, the first objective of the master plan says to protect existing park spaces. It also states there is a need for additional fields for sports. One of the concerns reflected in the analysis is that most athletic fields are at nearly full capacity. There is no time for practices or drop ins. Page 24 states we need 6 additional baseball/softball fields and 2 additional football/soccer fields. He was not sure the legality of the master plans and who needs to follow them but we are here now and considering giving away 26 acres to be destroyed and replaced with a 7,000-seat event center and parking lot. We all recognize a need for space like this. He has not heard anything regarding the pollution, traffic, etc. of this facility. Is this location truly in the best interest of the community? We circulated a petition and we have 608 signatures from people in the City. We are asking that Council put an advisory question December 13, 2022 City Council | Minutes Page 7 of 28 to the voters and put a moratorium on the project until this vote can be made. He handed the petition to Mayor Keener. Mayor Keener stated the petition would go to the City Clerk. John Voss, 518 Elko Vista Drive, thanked Council for allowing him time to share the perspective of Elko High School on this subject. The baseball and softball fields have been central to their programs as long as they have been in existence. They are their practice and game fields. The band uses the fields to practice on and the football teams have also used the fields. They have performed maintenance functions, purchased materials and worked on these fields almost as much as we have played on them. The scoreboard on the upper field was purchased for the program with funds specifically designated for High School baseball. The school is landlocked and there is no location near the campus that is suitable for fields. The location is important. It is awkward to have to practice and play miles away from their campus. No one in the State of Nevada has to do that. It is a safety concern. The current location of the fields used for the program is ideal for the school and the kids. We find it curious that the proposed project was never discussed with the lead administrators that oversee Elko High School and the property, such as the Principal Mr. Wickersham, or who oversees the athletic department and athletic fields, the Vice Principal Mr. Lovato. We would think that a change of this magnitude would at least require a phone call. We acknowledge the City owns the fields. Please remember the City is an entity that is designed to represent all the citizens. We are citizens and our student athletes are citizens. In truth, the City Council and the employees do not own things any more than we do. For the benefit of the entire community, and all of its stakeholders, especially the ones that live around that area, spend time gathering input from people that use the facilities before you make important decisions about whether you keep them, repurpose them or give them to a third party. Vern Hatch, Spring Creek, said he spends a lot of time in Elko. During the evenings, the traffic on Idaho Street is ridiculous. His understanding from previous comments made by Mr. Bahr, is that the event center, 50% of the attendance of the center will be from the Elko area. What will happen to first responders when they need to get an ambulance down Idaho Street? Or the Police or Fire? Idaho Street is pretty packed. When he has to make that turn from Idaho Street to 12th Street, he is afraid of getting rear-ended. Adding a 7,000-seat event center, plus this leviathan of an activity center, what will happen to the traffic patterns? He didn't know if anyone has done a road count or not. It is absurd. He sees a lot of open land just west of the airport. It is all nice and flat. It is important to keep the ball fields where they are. It is part of what Elko is. He is new to the area and plans on doing some development, and he is not happy with the traffic flow he sees now. He would like to see this go to a vote for the public before Council does anything. Len Herrera stated he has lived in Elko County his whole life. There are a lot of things we need in Elko but they need to be in the right place. This has happened before. He appeared at City Council many years ago fighting construction where the LDS church was and then the Police Department. He had a good friend, Max Wignal had the Elko Independent and placed an article in the paper. Max Wignal said that this is the prettiest part of Elko, let's keep it that way. We have 7 ball fields up here that are all green. Six of them have lights already. They are open all summer long. This will probably come to pass but it needs to be in the right place. He is too old to come keep fighting for this stuff. December 13, 2022 City Council | Minutes Page 8 of 28 He has watched Elko grow and we don't always agree. This is the prettiest part of Elko and we should keep it that way. Gil Sergeant, 3349 Freeport Ave., spoke in favor of the event center and pool but putting the event center on Kump Field is wrong. He wanted to reject the premise that this is the only option for the location. He worked in industry for 40 years. It always amazes him when you put the right people in the right room. There is a bond due for Kump field that was built with hard work, sweat and community in mind. That bond is due today. That bond is not currency, but rather respect and consideration for the family that built it. We have Rusty here that can get things done. We have the Kump family that can get things done. He suggested tying them up in a burlap bag until they can come up with a solution. Debbie Pawelek stated she lives in Kittridge Canyon and is a business owner. She thanked Council for their time and service. The framers of the U.S. Constitution structured the government so that the three branches have separate powers. The branches must both cooperate and compete to enact policy. Each of the branches has the power to check the other two which ensures that no one branch can become too powerful, and that government as a whole is constrained. This structure ensures that the people's will is represented by allowing citizens multiple access points to influence public policy and permitting the removal of officials who abuse their power. She was making this a point because we are living in times where our constitutional rights are being challenged on a daily basis. The land we are speaking about today being offered to an organization (Boys and Girls Club) is the land of the people, by the people and for the people. If you follow the constitution, then it needs to be put on a ballot and voted by the people. This land should not be given to an organization by the hands of just five officials. She would encourage Council to consider taking this approach. Her family has many fond memories of Kump fields. Her son played many baseball games on these fields. Every time she drives by or walk around the field, it brings her a smile and reminds her of all her family's memories. We all have special landmarks and special memories we want to keep alive. These fields are one of them. Patricia Herrera, 2065 Golf Drive, said her father is Leonard Herrera. With everybody being torn is a reason we all need to step back. They say there is no other option for this place but there is an option for everything. You can go on these ballparks any time of day and play a game. Can you get into those buildings at any time of day or night for free? You are taking away the free area for the families to go to and get together for something that is going to cost to get in. We need to be able to have places for our kids to go to. We used to have the biggest softball tournaments ever. During those tournaments, the kids would run to the park and play. They were all out there together. Nobody is saying we don't need these facilities, but we need to take a step back and find a proper place for them. She lives in that area and she knows how hard it is to get back and forth to home. Begonia Ormaza-Hull, 1810 Ruby View Drive, said she was just in Austin, Texas. Austin has prided themselves in maintaining their green spaces in their City. She always thought that was what we had here. She failed to see how these places are going to fit in the spaces proposed. She would love to see an overlay. She does not believe it is Council's right to give away the property. The City of Elko has given her nothing but now they are giving away 26 acres. This will not end. These fields are used constantly. Room tax is spread everywhere. It is at 19% now but will you increase that so you can fund this more? We have 2500 rooms available in the City of Elko. You are building a facility for December 13, 2022 City Council | Minutes Page 9 of 28 7,000. Where are you going to put them. There was a wrestling tournament and we were housing people in homes. Currently we don't have any flights into Elko except a singular flight. They are doing everything they can to not fly into this town. George Straight can fly his own plane into town but the airline won't fly anyone else in. We have a building next door that is going into default in less than 40 months, We have problems now and we are giving away 26 acres. She is a taxpayer and she will be left holding the bag. A lot of the people that are for this are not in the City of Elko. There is no infrastructure for Fire. No infrastructure for security. The Police Department is in default of 12 policemen. He doesn't have the capacity to give you security over there. Rusty Bahr stated it is not 26 acres. The overlay was put on the main screen to show what it will look like. Councilwoman Simons wanted to clarify that the City's involvement in the project was. She felt might be helpful. Mr. Bahr said the City owns the land. That is the City's involvement. You will still be donating the land of the footprint of the buildings. The City will own the land. The Boys and Girls Club would getting the rec center land and not the parking land. None of that. The City own that. We would probably enter into a management agreement so they wouldn't have to maintain that because they are not part of that. We would only own the footprint. It won't take the ball fields up top. It will never take the Basque House. Jeremy Etchmendy, 2312 Sierra Drive, Head Baseball Coach, said he wasn't planning on speaking but wanted to give the Elko Baseball perspective on the fields. His job is to provide the student athletes with the best experience possible. You look around the league, they are one of the only fields that don't have a field on campus. What Kump field provides for the Elko Baseball program, this is the best possible alternative for these kids. You move these kids to the other side of town, and you might think he is crazy for passing on a $10 million project, but many of these underclassmen walk to the fields. They take their bags down there and it is convenient for them. It is a nice facility and close enough. With them being landlocked, it is the best choice. He would hate to take that experience away from them and rip the field they have close to their campus and move it elsewhere. Patricia Herrera asked how many games have been played on the new fields. Mayor Keener thought maybe James Wiley had that information but he wasn't sure if he was keeping track. They have had tournaments there. Ms. Herrera asked if they were planning on tearing up these ball fields before the other ones are able to be played on. Curtis Calder, City Manager, said when the fields were first completed they were closed due to COVID. They are now available for play and they have had some good responses and some bad responses. They have had some issues with the soils and we are working through those. As we look at designing Phase 2, Phase 2 will have synthetic fields. There will be a mix of fields at the Sports Complex and all fields will be lighted. That is the plan as it sits today. It is still in the design phase. December 13, 2022 City Council | Minutes Page 10 of 28 Ms. Herrera asked if anyone can go and play on those fields at any time. Mr. Calder answered we keep those closed for now but when they are open they will be open when all the parks are open. Ms. Herrera asked if anyone can go and play on those fields at any time. Mr. Calder answered they will be closed at night. Ms. Herrera asked if the fields were closed due to vandalism right now. Mr. Calder answered it is open but closed right now because nothing is planned there right now. Ms. Herrera asked if in the summer she could get her friends, drive over there and play ball, right? Mr. Calder answered you would probably have to reserve it through the Recreation Department. Ms. Herrera asked if anyone knew where baseball was being played before the ball fields were built? They were played in the corner of the cemetery. Jeremy Etchmendy stated he was asked while sitting in the audience about baseball fields. There are only 2 baseball fields in town that are to spec to play an actual high school baseball game. Lower Kump is an adjustable field. Upper Kump is the only actual full-sized field they can play on today. It was his understanding that the three proposed fields in Phase 2 of the Sports Complex are full-sized baseball fields. Jennifer Coopmen, 2975 Copper Trail, wanted to reiterate the location. Once upon a time, a founder of non-profit Joshua Tree Shelter, she approached the City about the land the old Police Station was on. She was told it was not the right location. Ironically, a camp was built on the outskirts of town. She is also agrees with traffic concerns. She understands the struggle the Boys and Girls Club will have to find a new location because she does not believe this is it. Nikki Johnson, Aquatics Director for City of Elko, stated she is in favor of the new pool. We have run out of lipstick at the pool and we are now on duct tape and gorilla glue. She didn't know the footprint or the size of what Rusty is proposing. She keeps hearing about moving this outside of town. Do you want your children going outside of town to go to their swimming pool? She doesn't. She wants this pool in this area. She's not saying that Herrera field is the right one. Where we have one is a good one but she wasn't sure it would fit. You cannot get away from the geothermal. Her bill is over $30,000 a month to heat the facility because there is no geothermal. You have to keep at least a pool in this area. This is where our kids can go safely without crossing Mountain City Highway. She wants the kids here. She has been at the pool for 31 years. We will not have a pool in 2 or three years. Something has to be done. She has worked with the Kumps for many years. The name is important and heritage is important. We can't lose that pool. We lose that pool and we have nothing. It takes a community to build a community. This community has to come together and find a way, at least for the aquatics and the rec center. You need to have it on the geothermal because it is costing a fortune to heat the pool right now. December 13, 2022 City Council | Minutes Page 11 of 28 Kerstin Morales spoke in opposition. She is the parent of a baseball player. She didn't grow up here. She never went to a high school that didn't have a ball field. She worries about her son at the high school. She doesn't want her son traveling to the other side of town. Those fields flood. She wants her kids to play on a field that they love. She worries about the safety. Long-term, are we going to send teenagers on icy nights to play ball? That isn't safe. Please don't take way our fields. The students need these fields to be next to the high school. Danny Storey said he knew everyone was waiting for him to speak tonight. He wasn't present to speak for or against right now. He was there to answer some questions on some false statements made by Mr. Calder. 1) the park is closed and you cannot get in there without a key. 2) City parks have always been first come first served except for when it comes to league play. 3) they did have 2 tournaments down there. The second one had to be a limited amount of play due to poor field quality. The field was closed for a year and half, not because of COVID, but because you can't grow grass in a salt field. If anyone has any questions for him about the ball fields, he is all ears. These ball fields were supposed to be built with artificial turf. We have covered this but you don't pay attention to it. It was designed for synthetic fields and at the last moment, it was changed. Tim Wickersham, Principal Elko High School, thanked everyone in the room for coming tonight. This is a divisive issue. He can appreciate the civility displayed tonight on this issue. He is an old social studies teacher. When Councilwoman Simons spoke about the fact that the discussion of the conveyance of property. We have heard from a lot of people about this issue. He urged Council to listen to Councilwoman's Simons comments. Conveying that land will make or break the project. It is your project because this land belongs to people that live in Elko. You probably ought to do a better job of soliciting opinions from your constituents and listening to your constituents. It would behoove any public official to remember who their constituents are. Mayor Keener closed off public comments and opened it up to board discussion to see where the board was at. We have heard some great testimony on both sides of the issue. It helps provide the board with a better background. This is a deal breaker if we don't convey the land. He gets the impression that there is little to no opposition on the conveyance of land for the aquatics and recreational center. We are hearing the concerns with giving up the Kump ball fields. Councilwoman Simons said her understanding was that we will be tearing down the ball fields and not replace them for years. She asked for clarification. Mr. Calder said phase one of the Sports Complex is done and phase 2 is under design. We may be able to break ground on construction in 2023. Three fields will be added. These fields will be adult softball and baseball. Mr. Bahr said none of their projects will move forward until the new ball fields are complete and playable. Mr. Calder explained on the screen was a concept drawing. It is not a plan. It only gives context to the acreage of the site. We asked the engineering department to break it up so you can see what each area would be. December 13, 2022 City Council | Minutes Page 12 of 28 Patricia Herrera said she hears you can play on the fields but others say no because people are getting hurt. Can you play on these fields safely. Mayor Keener answered he didn't know that. He thought they could be played on but they have snow on them now. Ms. Herrera stated she heard only one tournament was played up there. How many were played on Herrera field? Lots. Councilwoman Simons said they have been played on. The complaints that they have received, and probably rightly so, was about the turf. The turf that is in there is not preferred and the new fields will have different turf. Ms. Herrera asked once the fields get going and played on at night, and you have those bright lights and the river right there. Will people be sitting in the mosquitos and flies as they watch the games? Mayor Keener said he asked about that and he was told there will be additional spraying as needed. Councilman Puccinelli said he heard there will be a 10:00 p.m. curfew when the lights will go off. Mr. Christean said you are talking about building 3 more fields? That area is approximately the same size of what you will be taking out. The hot hole is out there. We are talking about geothermal water and the importance of it. That area is big enough out there for this event center. Why are we sending kids out there? The hot hole has been there forever. If that is as big as you want to rip out, you need to do some thinking. Mayor Keener closed off public comment. Councilman Morris said his family moved out here in 1958. He played baseball in those fields for many years. His dad was a coach here for a lot of years. Kump field is very near and dear to him. The Kump field has been there since 1954. The lights are antiquated and need to be replaced. The concession stand is either condemned or in the process. Let's say we put a lot of money into fixing this field and the dugouts. He has nothing but respect for the Kumps. Instead of putting money into that field to bring it up to standards, we can build the new fields on the other side of town. We will gain 2 fields from what we have right now. The Boys and Girls Club will build this and do it without paying prevailing wages. If the City did it, the cost would go up 40%. If you want to move the fairgrounds and the event center, you would be looking at $50 million or more. This project will complement the fairgrounds, help the rodeo and the fair, increase room tax and sales tax. Boys and Girls Club has access to donors who have a ton of money. We could never build this ourselves. People talk about traffic but have they ever been to a game in SLC? The traffic is bad during an event but after the event it is all back to normal. The County is on board donating money. The Boys and Girls Club has access to the people that have money needed to build this without debt. We are getting a good deal and will have access to two facilities that will be debt free. Some people don't want growth but he does. This is a good way to do it. We have one shot to do this. If we don't do this now, it won't happen. We need to move forward and make this bigger and better. December 13, 2022 City Council | Minutes Page 13 of 28 Councilwoman Simons said when this idea first came up she heard several good things. It seemed like we were all on board. She heard about plans and it was all great. Somewhere along the line she heard from the other side. What made her pause the most was who she heard it from. The Kumps have done so much for her family. She learned more about Kump field and what went into it. It made her question how much sense this makes. It comes down to what the community wants but that is hard to decipher. We need to decide if this is something we want and that we want to move forward. This has been a great facility for the community. This has been proposed by the Boys and Girls Club and not the City. It can't be anywhere else and work. We need to decide if we want these fields or an events center. This is a unique situation where a non-profit is willing to spearhead the project. We would be crazy to not build this right now. We can't wait and have an election. That is every two years and the money will be gone. We need to decide if we want this or not. If we want it, this is where it will go. If not, then we won't do it. Councilman Stone stated he has not made a decision either way. He came into this open-minded. Has anyone asked the Kump family if there were any scenario to build both facilities on that land that they would be okay with. Has anyone ever asked them that? Moyle Kump answered when he was approached by Rusty Barr he was asked for 30 days. The board never came back with a compromise. Casey Gallagher said they had a meeting with Rusty Bahr and the Kump family. We asked for 30 days to take it to the board. We took the concerns the Kumps brought and discussed it with the board. The board voted unanimously said we were going to pursue these projects in these areas because we see the value of this. Councilman Stone asked if there was anything that could be done that would please the family to make this happen. Moyle Kump thought it was just wasteful. It will cost money to tear that up and level the land. The scoreboard in the field cost $32,000 and luckily Vega helped put it up. Will you throw that away. It doesn't make sense. If you left the one field it would really help. Councilman Stone said if there is anything that could be made for it to be okay, but he wasn't sure it was the case. He is all about keeping Elko green. The swimming pool has to happen. It is wonderful to have that facility right there. We would lose Herrera and the Skate Park. The event center, everyone knows he has been to events and performed in events, and it takes a lot to fill that big of an event center more than just once a month. Elko will not get 7,000 people in there once a month, unless it is handled the right way. It can be done but we will have to pull people in. The concert hall in Winnemucca isn't filled every month. The rodeo has turned into an incredible event. He was not sure that was the right location for the event center. He loves the Rec Center and the pool there. Back in High School Days he lived in Orem Utah. We didn't have a rec center but it was built in 1981. It was packed. as not sure that was the best location for the Event Center. He likes the Recreation Center there and he wants to see it happen. He sits on the ECVA Board here as part of his Councilman duties. During COVID we had a hard time getting events here. We are making improvements to have more events here. Rusty December 13, 2022 City Council | Minutes Page 14 of 28 said the ECVA would get the first right of refusal and that is good. The property values will change but we don't know if they will go up or down. We don't know that. Have we done the appraisal? Mr. Calder answered we are not conveying the property tonight. We are trying to determine the scope of the conveyance. Once the scope is determined there is a lot of work to be done. We need to survey the property. We need to know the definitive boundaries of what we would be conveying. All of the resolutions and legal work gets done over time. There is a lot of work on the legal side. One thing that is different for this conveyance than all the others he has been involved in over the years is that this one has opposition. All the others, everyone was in favor and didn't have a big meeting. Councilman Stone noted we still have to do the appraisal. Mr. Calder said we don't know the boundaries yet. That is what this meeting is about. If we are going to convey anything, what are we conveying. Councilman Stone asked with the location of the event center, with the fair events and other events, if that was in a different location would it still work? If we put the event center at a different location, would it still help the events at the fairgrounds? Casey Gallagher answered no. The fairgrounds compliments it so well because it already has stalls to house the livestock. Trying to duplicate those facilities would add substantially to the cost of the event center. In conversations with the fair board, when there are events at the fairgrounds, things can be shifted to the event center as needed. The kids show classes happen during the heat of the day and that can be moved into the event center. The traffic can be worse trying to move trailers and livestock between the fairgrounds and the event center if it was moved elsewhere. Councilman Stone said it sounds like the easiest answer is to put it there. If you move this somewhere else it will cost more. It sounds like the beginnings of a new fairgrounds if you do that. Staying there will be less work and more conducive. If this was to be some sort of a ballot situation, how would that happen? Mr. Calder said the City has done only one advisory question in his years and that was regarding the five-cent fuel tax. We went to the County and requested they put it on an upcoming ballot. It was an advisory question only on a regular ballot but it failed. Kelly Wooldridge, City Clerk, said we would have to ask the County to do a the election for us. The City would have to confirm the signatures and the County would have to ask the State to put it on the ballot. There has to be so many voters on it in order to be put on an election. Mr. Gallagher said if this goes to ballot, the Boys and Girls Club does not have an appetite for this. We are here to serve the community and the kids. With the exposure they have received already, it is more than they intended. We are trying to bring something beneficial to the community for the youth. If it went to ballot, Boys and Girls Club would step away from the project. Jeff Kump said an advisory opinion does not require a petition at all. It is Council's decision whether or not it be done. A referendum or an initiative does require a petition. December 13, 2022 City Council | Minutes Page 15 of 28 Lori Gilbert, News Director Elko Broadcasting, said Rusty stated on the radio on Monday that this is an all or nothing proposition. If the Council would convey land for the pool and recreation center, they would build and operate it. They would not walk away from the project in its entirety. The club has $45 million committed and that would cover the cost for the recreation and aquatic center. The event center is an add-on and there is no feasibility study for it. It is not reflected in the Master Plan as the pool and recreation center is. Rusty Barr said there are two separate projects. Today you can approve neither, or you can approve the rec center or you can approve both. If you approve the rec center then we will move forward with the rec center. If you elect to not move forward with the event center, then they will still move forward with the rec center. They are two separate projects. Not moving forward with the event center would kill that. Cathy Laughlin, City Planner, clarified the question about looking at other sites. If you look at where the existing swimming pool is for the event center, you might be able to fit it there but the way our 3- 2-17 code is, for a 6500 seat facility is requires 1300 parking spaces. The City doesn't want to build another situation like we have at the fairgrounds, that there isn't adequate parking, If we were to consider another site, where will you put the 1300 parking spots? Councilman Puccinelli said this is a tough one because he was born and raised here and has played on all the fields. He understands what a legacy is thanks to his father. This is an opportunity for us. This will truly benefit the entire County. He questioned if there could be a compromise. He was in favor of both projects. Mayor Keener agreed with everything that was said by his fellow Councilmembers and this is a one- shot deal. He was in favor of both projects. If we let this pass by it will be gone. Every opportunity has a downside to it. Overall it will move the community forward in a huge way. Winnemucca and Fallon both have event centers. We have talked about this for many years but it has never happened. He fully supports this. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to direct staff to initiate the conveyance for the Aquatics/Recreation Center and the Events Center. Councilman Stone asked if it the motion was specific for the locations they were talking about or not. Mayor Keener answered it was for the existing locations on the table. Staff would have the ability to look at other locations in the ensuing weeks if it passes. There might be an opportunity to move some of the parking to the fairgrounds to preserve park space. Lori Gilbert, Elko Broadcasting Company, said KELK is the community's first radio station and just celebrated 74 years in business. For the record, there has been confusion and lack of transparency and accountability in the process. That explains why there is so much involvement from the public tonight. The oversight committee that was formed by a letter of understanding that was signed by the City, County and Boys and Girls Club. It allowed for formation of the committee to represent stakeholders. December 13, 2022 City Council | Minutes Page 16 of 28 The only committee members she was aware of was were Giovanni Puccinelli and Clair Morris. Tonight she found out that Delmo Andreozzi was also on the committee. We heard tonight that there are representatives from the rodeo committee and the other stakeholders. We also heard who is missing from this committee. We know this group met last month to organize the oversight of the project and it has already been in fundraising and planning stages for many months. We don't know anything about the meeting. We don't know if was held formally or informally. We don't know if minutes were kept. We don't know where the meeting was held. And we don't even know who sits on the oversight committee. The public was not noticed of this meeting and the media was not invited to attend. This endeavor encompasses vast public resources. Fifteen million dollars of Elko County money has been committed to the Boys and Girls Club by the Elko County Commission. The City has indicated the conveyance of citizen owned property that would impact property values and transform the culture and identity of long existing neighborhoods. Some $45 million of private and public money has been amassed for this proposal by the Boys and Girls Club, which is a private entity. She just wanted to remind the board that our community has participated in many dynamic prospects over the decades. All of these public projects share a common practice and that is public scrutiny and accessibility. These were standing agenda items and there were regular updates in public meetings. This process to construct a 70,000 sq. ft. event center spanning City property, has been confusing and divisive. The City swimming pool and recreation center has been vetted and approved. It is contained in the City's Master Plan since 2011. There is a feasibility study for that. She is letting the City and County leaders know there must be every attempt to avoid even the appearance of conflict to disclose conflicts of interest and to embrace open meetings, fair and balanced dialogue and a return to trust. Councilman Stone stated he didn't know about the advisory committee meeting. When did they happen because he didn't know anything about what has gone on in those meetings? Mayor Keener added that he did not attend them. Rusty Bahr answered it is important to understand the Boys n Girls Club is a private organization and not a City or County running the project and they are not subject to open meeting law. He was asked to put an advisory board committee and they did it. They have no problem making those meetings open to the public. We are not hiding anything. We gave the same presentation to everyone. We don't care who is on the committee but we can't have three council members on it. They met one time and the purpose of the one meeting was to determine how they were going to govern each other. If you want this, we can hold it at the Convention Center. If you want more people on it we can add them. Mary Ellen Burchard said there are some NRS that the City should be investigating before moving forward. Chapters 271, 308 and 318 deal with general improvement districts. An Event Center would be something taxpayers would help fund. A municipal pool is another one. Pay attention to the legalities as far as the NRS are concerned. Mayor Keener asked that everyone be respectful to other opinions. We are not always going to agree on everything. December 13, 2022 City Council | Minutes Page 17 of 28 Councilman Stone asked if there was room on the motion to explore moving the events center. That would help him with this decision. He was having a hard time with the location. He heard there will be a new highway exit put in because of the trucks. Councilwoman Simons said she has not heard that from NDOT. Mr. Bahr said highway access is not part of this project. That is something the community has wanted for a long period of time. You are not voting on that. Mayor Keener thought that would be ten years down the line. Mr. Bahr said we don't know how long that will take. Councilman Stone asked for a break before the vote. BREAK Mayor Keener said during the break he was posed an interesting question about the advisory committee. He spoke to Curtis about it and asked him to explain the history of it. Curtis Calder, City Manager, said the history of the advisory committee was, when they did the letter of understanding at the City Council Meeting on April 22nd. It did not include any reference to a committee. That letter got sent to the Boys and Girls Club and Elko County stating that it had been approved by the Council and they needed to take it to their boards. When Elko County heard the Letter of Understanding, they wanted the addition of a committee. It was not a bad idea. That was conveyed to the Boys and Girls Club. He has not seen the revised Letter of Understanding come back to the City yet. As far as we know it was the Letter of Understanding that City Council approved on April 22nd. There may be another version of that after the County approved that and it just hasn't cycled back to his desk yet. Since it has been modified, it would need to go back to Council for approval again. The advisory committee came up at the Elko County meeting, not the City Council meeting. Mayor Keener asked if Elko County would have to approve the modified letter as well. Mr. Calder answered they approved the letter as modified but we have not seen it come back with the revision. Brian (last name unknown) online, said it sounds like a private/public partnership on this project. If this goes through will the City give over all power and authority of what happens at those facilities, and if the Boys and Girls Club has a change in political or community ideas that don't align with the City, will the citizens have any say on the facility, including any future sales. Mayor Keener said he would defer this to the City Manager but he did know there would be an advisory committee in place with representatives from the City, from the County, the Boys and Girls Club, Nevada Gold Mines and a couple other agencies. December 13, 2022 City Council | Minutes Page 18 of 28 Mr. Calder answered assuming the advisory committee is put in place, they will just be advisory only in nature. The owner of the facility will be the Boys and Girls Club. That is his understanding of it. They will have full management control of their own property. Brian said he was wondering. This will be a private/public partnership but the private organization will have all say. If you want to hold a concert event they can deem it non-alcohol and the City will have no say on it. Rusty Bahr said he is not the Boys and Girls Club but he is a representative of the Boys and Girls Club. They have a board of directors of 15 individuals to make decisions. You would always have the right to come to the board and state your case. He is not the all-say of the project. Brian asked if we were ultimately giving it over to the Boys and Girls Club. The City needs the event center but it needs the right control. Lee Hoffman, Elko, stated he has been to a number of these presentations. The governance model needs to be understood. Before you adopt the resolution and convey the land, you need to be able to understand these questions regarding the governance model. He is no attorney and makes misstatements about open-meeting law, but if there is an advisory board that will make recommendations of expenditures of public funds, by definition that requires following open meeting law. You should make sure you consult with your attorney and get clarification on that. The motion passed unanimously. (5-0) VI. PRESENTATION B. Presentation and possible approval of the Consolidated Annual Financial Report and Audit for the City of Elko for the Fiscal Year ending June 30, 2022, including but not limited to, Staff response to audit findings, and matters related thereto. FOR POSSIBLE ACTION Chad Atkinson and Viktoryia Yahorava from Hinton Burdick CPAs will log in to present the City of Elko’s Fiscal Year ending June 30, 2022 Financial Report. JB Jan Baum, Financial Services Director, said Chad Atkinson was online and would be presenting the audit. Chad Atkinson, Hinton Burdick CPAs, gave a presentation (included in packet). ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Consolidated Annual Financial Report and Audit for the City of Elko for the Fiscal Year ending June 30, 2022. The motion passed unanimously. (5-0) December 13, 2022 City Council | Minutes Page 19 of 28  A. Presentation of a sponsorship plaque from the Gold Diggers M/C for the "Halloween Scare Scramble" at SnoBowl, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Curtis Calder, City Manager, said the plaque was on the dais already. It is to show the appreciation of the motorcycle club for the use of the SnoBowl. VII. PERSONNEL (Cont.) B. Review, consideration, and possible approval of Golf Professional position description, and classification plan, and matters related thereto. FOR POSSIBLE ACTION. The Golf Professional has been a contract position at the City, and is currently out for bid through a Request for Proposal, which closes December 30, 2022. Staff has prepared a position description and classification plan for the position, included in your packet, in the case that a contract is not awarded through the RFP process. The suggested classification for the position would be management Grade 17. An approved job description and classification plan will allow staff to move forward with a recruitment for a Golf Professional, as a City of Elko employee, if necessary. SS Susie Shurtz, Human Resources Manager, said this is a fall back if we don't get a professional as a contractor. It is the same salary grade as the swimming pool manager. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Golf Professional position description and classification plan as presented. The motion passed unanimously. (5-0) VIII. APPROPRIATION A. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $1,851,012.11. The motion passed unanimously. (5-0) C. Review and possible ratification of Hand Cut Checks, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the hand-cut checks in the amount of $368,465.46. The motion passed unanimously. (5-0) December 13, 2022 City Council | Minutes Page 20 of 28  B. Review and possible approval of utility refunds, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the utility refunds in the amount of $3,653.02. The motion passed unanimously. (5-0) Mayor Keener asked if this seemed higher than normal. Was something going on? Candi Quilici, Accounting Manager, answered we had quite a few credit balances on old customer accounts that we are trying to clear up. We sent out checks and those we can't find will be sent to the State as unclaimed. D. Review, consideration, and possible authorization for Staff to purchase a new 2024 International HV507 6X4 chassis with attachments, through Sourcewell purchasing, from Rush Truck in the amount of 295,733.94, and matters related thereto. FOR POSSIBLE ACTION This purchase was budgeted for and approved in the FY 2022/23 Budget. Rush Truck has a current Sourcewell Contract #060920-NVS. The City’s Sourcewell Membership number is #85569. The City of Elko will not be taking receipt of the truck prior to July 1, 2023. DS Dennis Strickland, Public Works Director, explained this is like many of our other Sourcewell purchases. We are a bit over budget on that. There will be enough money in the capital equipment fund to move forward with the purchase. This truck will have the hook-lift system and will complete the fleet in the Street Department. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to authorize staff to purchase a new 2024 International HV507 6X4 chassis with attachments, through Sourcewell. Purchasing in the amount of $295,733.94. The motion passed unanimously. (5-0) X. NEW BUSINESS A. Review, consideration, and possible approval of the Transient Lodging Tax Business Impact Statement, and matters related thereto. FOR POSSIBLE ACTION Pursuant to NRS 237.080 the City of Elko notified owners and officers of businesses which may be affected by the ordinance and resolutions to determine if they will impose a direct and significant burden upon a business or directly restrict the formation, operation, or expansion of a business. Staff has prepared a Business Impact Statement for consideration. December 13, 2022 City Council | Minutes Page 21 of 28 Kelly Wooldridge, City Clerk, explained the Business Impact Statement was attached to the packet. Only one response was received. She was surprised she didn't receive more responses so she called some of the hotels and discovered they had chosen not to respond. Annette Kerr, ECVA, stated she didn't see the questionnaire that went out. She thanked Kelly and her staff for working on that. She requested this move on. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the business impact statement pursuant to NRS 237, that the increase in Transient Lodging Tax of 1% does not impose a direct and significant economic burden on a business or directly restrict the formation, operation or expansion of a business. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of the Public Works and Engineering Departments' short list for 2022/2023 and 2023/2024 fiscal years for Civil Engineering Services, Surveying Services, Electrical Engineering Services and Testing/Inspection Services, and matters related thereto. FOR POSSIBLE ACTION The City Engineering Department solicited Statements of Qualifications (SOQs) for the above referenced services. The firms were identified as being qualified to perform the services or not qualified to perform the services. The attached spreadsheets show which firms are qualified to perform identified services. The spreadsheets will be utilized to rank firms for future individual projects based on qualifications specific to the project services required and availability. The SOQs will be maintained on file for future reference and ranking of firms. SAW Scott Wilkinson, Assistant City Manager, explained the spreadsheet was included in the packet. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the Public Works and Engineering Department's short list for 2022/2023 and 2023/2024 fiscal years for Civil Engineering Services, Surveying Survices, Electrical Engineering Services and Testing/Inspection Services and approve the spreadsheets which will be utilized to rank firms for future individual projects based on qualifications specific to the project services required and availability. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of a Deed of Dedication for a Public Utility Easement on a portion of APN 001-660-106 which is City Airport property, and matters related thereto. FOR POSSIBLE ACTION Anthem Broadband has requested a utility and access easement across a portion of the airport property for the installation of fiber optic infrastructure. Rather than grant individual December 13, 2022 City Council | Minutes Page 22 of 28  easements over time, staff determined a public utility easement would be more suitable. SAW Jim Foster, Airport Manager, explained this will go over the top of another utility easement up there. It is on the northern part of the Airport. It will be up by the beacon and go along the fence line. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve a Deed of Dedication for a Public Utility Easement on a portion of APN 001-660-106 which is City Airport property conditioned on final stamps from Farr West Engineering. The motion passed unanimously. (5-0) D. Review, consideration, and possible action on the appointment of the Fire Chief or City Emergency Manager to adopt and maintain the City of Elko Emergency Response Plan, and matters related thereto. FOR POSSIBLE ACTION Pursuant to NRS 239C.250, the City is required to adopt and maintain an emergency response plan containing specific information, including, among other things, the location and inventory of emergency response equipment and resources, the location of unusually hazardous substances, and the locations of emergency response command posts. By law, emergency response plans are confidential and must be securely maintained. Because the adoption and maintenance of the emergency response plan is an administrative function, the plan does not require Council approval. Appointing the Fire Chief or City Emergency Manager to adopt and maintain the emergency response plan will satisfy the requirements of the statute without compromising confidentiality. JS Chief Snyder explained we are looking for an appointment to manage this plan. Due to the sensitivity of this plan, this plan is considered confidential. Mayor Keener thanked Chief Snyder for sending out the plan ahead of the meeting. After reviewing it, he now understands why it is considered confidential. ** A motion was made by Council Member Stone, seconded by Council Member Simons to appoint the Fire Chief or City Emergency Manager to authorize and maintain the City of Elko's emergency response plan in accordance with NRS 239C.250. The motion passed unanimously. (5-0) Bert Gurr said bill drafts were due yesterday afternoon. He put in one as a placeholder that relates to regional air service in the State. The Nevada Aviation Association put in a bill that will put the money back into the commission that was formed two sessions ago. We need the airplane bad. Nevada Aviation Association has an idea of how to get this to budget. Jim Foster said that is correct and is AB58. This is what was discussed at Nevada League of Cities. He met with some people regarding that bill draft and will be presenting some of the plans on Thursday. December 13, 2022 City Council | Minutes Page 23 of 28 The Nevada League of Cities is the main sponsor, along with Nevada Aviation Association. There is a surplus in the state with the ARPA funding. Mr. Gurr said another bill he sponsored was for air service people so they can just go back to the State every 10 years vs. every year. He put in some more bills but he wasn't sure if they were going to go anywhere. E. Review, consideration, and possible approval of a three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The current Transportation Services Agreement between SkyWest Airlines and the City of Elko expires on December 31, 2022. Airplanners LLC has been negotiating a successor Agreement on behalf of the City of Elko, which effectively extends key provisions of the current Agreement through March 31, 2023, with a revised maximum liability of $390,000. The three (3) month extension reflects one (1) daily flight to Elko on a midday turn from Salt Lake City to and from Delta's prime east and westbound banks. A copy of the Draft Agreement is enclosed in the agenda packet for review. CC Curtis Calder, City Manager, explained this is the copy of the agreement that Skywest has sent to us. This is probably the best we are going to do. No one is excited about a 3 month agreement. Sometimes, despite having an agreement in place, the schedules get changed. We have no control over that but that will affect what we pay. Bill Tomcich, Airplanners, said the flight schedules have been changed a lot over the year. It looks like it will go to a good schedule starting in January. SkyWest Airlines has now planned for rock bottom pilots and aircraft availability to fly out of the SLC hub. They finally took St. George off the CRJ200 flight schedule. They plan to keep that schedule in place but they had to start paying the pilots more and that is why costs went up. Mayor Keener asked if the percentage of increase in the minimum rate guarantee correlates with an approximate percentage in what the pilots got as increase in wage and benefits. They claimed it was just a pass-through. Mr. Tomcich answered that was exactly right. The pilot wages were forced to go up almost to ULCC levels. That is where SkyWest needed to be competitive to stop the outflow of pilots. He added he is sensing SkyWest is positive about their future now. A year ago that was not the case at all. Dave Stanton, City Attorney, said he was not crazy about this agreement but he didn't think there was a lot of choice. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve a three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko. The motion passed unanimously. (5-0) December 13, 2022 City Council | Minutes Page 24 of 28  F. Consideration and possible action to cancel the December 27, 2022 Elko City Council Meeting, and matters related thereto. FOR POSSIBLE ACTION Mr. Calder explained that since the Transportation Services Agreement has been approved, they should be good to cancel. ** A motion was made by Council Member Simons, seconded by Council Member Morris to cancel the December 27, 2022 Elko City Council Meeting. The motion passed unanimously. (5-0) XI. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 45-day Temporary Retail & Caterer's Liquor License and issue a regular Retail & Caterer's Liquor License, to Elias Goicoechea and Carolyn Paszek, DBA Ogi Deli LLC, located at 460 Commercial Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten explained this is straightforward. They have passed the background without concerns. He recommended approval. ** A motion was made by Council Member Simons, seconded by Council Member Morris to ratify the Police Chief issuing a 45-day temporary retail and caterer's liquor license and issue a regular Retail & Caterer's Liquor License to Elias Goicoechea and Carolyn Paszek, dba Ogi Deli LLC, located at 460 Commercial Street, Elko, Nevada 89801. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council Mayor Keener was at the Nevada League of Cities Board of Director's Meeting last week. Everyone seems optimistic with the change of administration. He reminded everyone the Mayor's Arts Awards are tomorrow evening at 6:00 pm in Council Chambers. Congratulations to members of staff who put on the Christmas Party. He got a message from Matt Locuson who said "good job to Council on the hearing on the conveyance. Please let them know they did a great job." Councilman Stone said the Snow Flake Festival was a great event last weekend. The Christmas Festival of Trees was successful with a record year. B. City Manager December 13, 2022 City Council | Minutes Page 25 of 28 Curtis Calder said to mark your calendars for a special meeting, a training session, Thursday, January 12. It is the Board Governance and Ethics Training that the insurance pool offers. Wayne Carlson will be doing the training. We can invite anyone that is elected or appointed to a board. C. Assistant City Manager Scott Wilkinson said the Mayor's Arts Award was posted for 4:30 pm tomorrow. We have one hotelier that is interested in providing some rentals based on availability. Mayor Keener said he has received some complaints from residents on the Colony regarding NDOT crews coming in and taking down their fencing. Have we received any other complaints? Mr. Wilkinson said he has not received any complaints. He has spoken to that contractor and he is sure they are working within the NDOT Right-of-Way. Mayor Keener said it is good to see Kim back to work and feeling better. D. Utilities Director No report. E. Public Works Dennis Strickland left the meeting early. F. Airport Manager Jim Foster said the numbers were up last month. We will fall under our threshold for this year. He felt that will go up after the 1st with the schedule change. We have been dealing with snow lately. Staff has been doing extremely well and has been able to keep up with it. We lost some flights due to fog. We might get a new tenant at the airport. We lost Hertz Car Rentals during COVID. He met with an entity that is interested in filling that space for us. G. City Attorney Dave Stanton wished everyone a Merry Christmas and a Happy New Year. Tom Coyle was recovering well and has been in the office. He is expected to make a full recovery. H. Fire Chief No report. I. Police Chief December 13, 2022 City Council | Minutes Page 26 of 28 Chief Trouten said today was their go live day with the CAD upgrade in dispatch and their new record management system. They got off to a rocky start this morning but things are coming up and working relatively well. J. City Clerk Mayor Keener noticed there were some glitches on some items in the agenda software. Kelly Wooldridge answered we didn't even try to go live with OnBase tonight due to the glitches. PDI, who was the company we were going through, sold to Naviante. There appears to be some issues between our servers and their servers. They are working on it and this is their top priority. Tomorrow night, she will run GoToMeeting just as a backup. K. City Planner No report. L. Development Manager No report. M. Financial Services Director Jan Baum recognized Kelly, Diann and DJ for putting this meeting together. Mayor Keener noted the last increase in water and sewer was January 2022. Things are in better condition. Do we need to look at doing that again? Ms. Baum answered they have started a rate analysis. We also need to analyze where our utilities are and what we need to improve on. N. Parks and Recreation Director Mayor Keener asked about the snow at the SnoBowl and if we can open earlier. Curtis Calder answered the repairs have been made to the lift and it works now. They have already moved some base snow around to get the base set for ski lessons. Susie is in the process of hiring the seasonal help to make it all work. It will come down to if we will have the staff ready to open it or not. It won't be open during the week, just the weekends. O. Civil Engineer Absent. P. Building Official December 13, 2022 City Council | Minutes Page 27 of 28  Absent. 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 Mayor Keener wished everyone a Merry Christmas. There being no further business, Mayor Reece Keener adjourned the meeting at 8:57 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk December 13, 2022 City Council | Minutes Page 28 of 28