Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS March 14, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, March 14, 2023. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Pro Tempore Mandy Simons. 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: Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Reece Keener, Mayor City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer James Johnston, Fire Chief Jason Pepper, Police Lieutenant Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Jim Kerr, Water Superintendent III. PLEDGE OF ALLEGIANCE March 14, 2023 City Council | Minutes Page 1 of 12 IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. V. APPROVAL OF MINUTES A. February 28, 2023 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Review, consideration, and direction to Staff regarding the Fiscal Year 2023/2024 Budget, inclusive of The General and Governmental Funds, and matters related thereto. FOR POSSIBLE ACTION Lowell Black, Financial Services Director, gave a presentation (attached to agenda). VII. CONSENT AGENDA A. Review, consideration, and possible authorization for the transfer of ownership of Elko Police Department’s Canine Kyng to his handler, Corporal Josh Taylor in exchange for the adoption fee of $85.00, and matters related thereto. FOR POSSIBLE ACTION Elko Police Dog Kyng is an eight (8) year old Belgian Malinois who is in need of retirement. Kyng was assigned to Canine Handler Corporal Josh Taylor in August of 2016. It is in the best interest of the City of Elko, and Canine Kyng, to transfer ownership of this highly trained Police Dog to his current handler. Corporal Josh Taylor desires to purchase Kyng. TT Canine Kyng’s selling price was determined by using the amount set for dog adoptions at the City of Elko Animal Shelter. ** A motion was made by Council Member Stone, seconded by Council Member Morris to authorize the Elko Police Department to transfer ownership of canine Kyng to Corporal Josh Taylor in exchange for the adoption fee of $85 that will be donated by the City Councilmembers. The motion passed unanimously. (4-0) VIII. PERSONNEL March 14, 2023 City Council | Minutes Page 2 of 12  A. Employee Introductions: 1.) Jacqueline Dotson, Patrol Officer I, Police Department 2.) Todd Dykstra, WRF Technician Trainee, WRF Both new employees were present and introduced. IX. APPROPRIATION A. Review and possible ratification of General Hand-Cut payments, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the general hand-cut checks, in the amount of $127,112.86. The motion passed unanimously. (4-0) B. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the general warrants, in the amount of $412,175.77. The motion passed unanimously. (4-0) C. Review and possible ratification of Utility refund payments and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the utility refunds, in the amount of $111.58. The motion passed unanimously. (4-0) X. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Public Improvements for the Mountain View Townhomes Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 2-20 for Mountain View Townhomes on May 12, 2020. A Performance and Maintenance Agreement was entered into that same day and extended an additional 12 months on April 12, 2022. The Developer has substantially completed the Public Improvements in accordance with the approved plans with the exception of some minor items such as completing a sidewalk, March 14, 2023 City Council | Minutes Page 3 of 12  striping parking spaces, and the installation of street lights and a mailbox. The developer is asking for a conditional acceptance of the improvements and has provided a performance bond to the City as required in the Performance and Maintenance Agreement. The City is also in receipt of the required Certification of the project by the Engineer of Record for the work completed to date. The remaining items will need to be completed before the bonds are released back to the developer. MR Michele Rambo, Development Manager, explained there appears to be a typo in the version Mayor Pro Tem read. This is for Mountain View Townhomes and not Zephyr Heights. The developer has completed most of the improvements for Unit 1. They were asking for conditional acceptance so they can record the map. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris for conditional acceptance of public improvements for the Mountain View Townhomes subdivision with the noted exceptions. The motion passed unanimously. (4-0) XI. NEW BUSINESS A. Review, Consideration and Possible approval of a Grant of Easement for the installation of storm drain piping, slope, and drainage, to Kado Properties, LLC., located at the southerly end of the Angel Park parcel, APN: 001-660-003, and Matters related thereto, FOR POSSIBLE ACTION. Kado Properties LLC intends to develop an apartment complex on APN 001-660-122, south of and adjacent to the angel Park parcel. The developer wishes to extend the existing storm drain piping and fill in the existing drainage channel within their parcel, and slightly into the park parcel. BT Bob Thibault, Civil Engineer, explained there is an apartment complex planned on a neighboring parcel. They want to develop that parcel entirely, up to the property line. To fill in that ditch they need to slope into our parcel. It will be mutually beneficial to both parties. He recommended approval. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Grant of Easement for the installation of storm drain piping, slope, and drainage, to Kado Properties, LLC, on APN 001-660-003. The motion passed unanimously. (4-0) B. Review, discussion and possible approval of a letter supporting Assembly Bill (AB) No. 58, “AN ACT relating to economic development; providing that money remaining in the Nevada Air Service Development Fund does not revert to the State General Fund at the end of the fiscal year; making an appropriation to the Nevada Air Service Development Fund; and providing other matters properly relating thereto”. FOR POSSIBLE ACTION March 14, 2023 City Council | Minutes Page 4 of 12  AB No 58 was sponsored by the Nevada League of Cities and Municipalities. This bill funds the Nevada Air Service Development Commission and provides that money remaining in the fund not revert back to the General Fund. The Nevada Air Service Development Commission (NASDC) was created in prior Legislation but has never been funded. Funding the NASDC is vital to providing intrastate commercial air services and potential for funding opportunities to at-risk markets like the City of Elko. JB Jan Baum, City Manager, explained we are excited about this bill and it seems to have a lot of support. We would like to submit a letter in support. There is one change she will want to make to the letter; replace "Speaker Pro Tempore" with "Chair." Councilman Stone asked if this was one we would all have to sign. Mayor Pro Tem Simons answered yes, we will all have to sign it. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve a letter supporting Assembly Bill (AB) No. 58, "AN ACT relating to economic development; providing that money remaining in the Nevada Air Service Development Fund does not revert to the State General Fund at the end of the fiscal year; making an appropriation to the Nevada Air Service Development Fund; and providing the change of the title of Assemblywoman Daniele Monroe-Moreno. The motion passed unanimously. (4-0) XII. RESOLUTION AND ORDINANCE A. First reading of proposed Ordinance 881, creating Elko City Code Title 8, Chapter 22 (Revocable License to Occupy City of Elko Property) to codify the application, process, and approval of Revocable License Agreements, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has been issuing Revocable Permits for many years now. However, the City of Elko Code does not currently include any formal procedures or regulations for these permits. Proposed Chapter 22 of Title 8 will officially put in place a set of requirements, a process for approval, and a set of findings required to be met for each application. The City Council initiated the proposed changes on February 28, 2023. MR Michele Rambo, Development Manager, explained this is the first reading for this ordinance. No changes have been made since the initiation. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conduct the first reading of Ordinance No. 881 and direct City Staff to set the matter for second reading, public hearing and possible adoption. March 14, 2023 City Council | Minutes Page 5 of 12  The motion passed unanimously. (4-0) B. Review, consideration, and possible approval of Resolution No. 5-23, a Resolution amending the 2022 Ruby View Golf Course Rate Structure, and matters related thereto. FOR POSSIBLE ACTION Rick Longhurst requested changes to the current golf rate structure at Ruby View Golf Course. Upon review of the golf rate structure it was brought to our attention that Resolution No. 9-22 approved in March, 2022 had an incorrect rate schedule attachment. Resolution No 5-23 will supersede Resolution No. 9-22 and reflects changes requested by Rick Longhurst. For summary the changes requested by Rick Longhurst were as follows: 1) Delete rates referencing discounts for Duncan Golf Pass Holders, 2) Add a twilight rate of $19.00 for weekdays only, 3) Delete the 7 day a week twilight rates, 4) Add a golf cart rental conversion rate (From 9 to 18 holes) of $5.00, and 5) Delete all tournament rates The Golf Course Advisory Committee has recommended rates in past years. This committee is in recruiting and may not be organized until after golf play begins. Some of the requested rates need to be in place when play begins. Once the committee is in place golf rates will likely be reviewed by the committee. JB James Wiley, Parks and Recreation Director, explained this is just taking out fees that refer back to Duncan Golf Management. These are mild changes that don't effect a whole lot. Rick Longhurst said this is a cleaning up thing. There are some items we didn't get on there but he hoped to have them on there after the new Golf Committee meets. He hopes to increase play on the golf course. Mayor Pro Tem Simons called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve Resolution No. 5-23. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of Resolution No. 03-23, a resolution amending fees charged for services provided by the Water Reclamation Facility Laboratory, and matters related thereto. FOR POSSIBLE ACTION The WRF's permit requires them to run for Nitrates and monitor the results for State compliance. Nitrate totals are the most regulated compound for WRF. Due to the complex nitrate method, there are 8 additional quality control samples that must be analyzed within 48 hours of sampling at WRF. WRF was rushing out samples to other labs for permit March 14, 2023 City Council | Minutes Page 6 of 12  compliance and quality control. The Water Department also samples all the wells for Nitrates for State compliance. Due to the number of samples, the City alone sends out for Nitrates and the very short analysis window (48 hours) and shipping time, it made sense to get the City Lab accredited for Nitrate analysis. This allows the lab to run city samples locally, without having to ship across or out of state. The WRF Lab will still run Nitrate QA/QC analysis with local labs on occasion to check our results. In addition, the lab will participate in blind studies throughout the year that compare the City of Elko Labs results to other labs throughout the US. VZ Valarie Zatarain, WRF Lab, explained the lab is now accredited to run Nitrates for water or wastewater. She is certified to run those in-house to get the results quickly. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve Resolution No. 03-23. The motion passed unanimously. (4-0) XIV. REPORTS A. Mayor and City Council Mayor Pro Tem Simons will be attending a Mayor's Meeting with the Governor on Monday. Councilman Stone reported at ECVA, as of this week, they took out the lighting system in the auditorium and replaced it with a temporary system. They are out to bid for a new, permanent system. Monday, he and Jan attended NGM's town hall meeting regarding their quarterly update. Councilman Morris volunteered to be a liaison for the Golf Committee. B. City Manager Jan Baum reported regarding possible flooding, JJ has been heading up the flood team and watching the river everyday. Scott Wilkinson was able to secure some pumps if needed. Paul Algerio has about 10,000 sandbags and sand available to the public. Today was supposed to be a big rain storm but it hasn't happened yet. We are trying to keep the public informed. At the last meeting we mentioned a community grant we were going to put in for through Amodei's office. We did not put in for those grants after all. There is another legislative bill (SB 226) we are watching that appears change what is subject to prevailing wages. She received a letter from Pennington Foundation saying they will not be partnering with us for the Sports Complex Phase 2. C. Assistant City Manager Scott Wilkinson said the departments did a pump inventory and we have a good supply of pumps. Paul Algerio looked at obtaining some additional pumps if needed. There was one more cold weather emergency declaration for March 1st and we may be done for the year. March 14, 2023 City Council | Minutes Page 7 of 12  D. Utilities Director No report. E. Public Works Absent. Paul Algerio reported we have had some minor drainage/flooding on the Southside. Things got messy around 3pm yesterday. There is a lot of snow and ice melting and cutting through some yards. Potholes are everywhere and we are trying to stay on top of them. F. Airport Manager Absent. G. City Attorney No report. H. Fire Chief Chief Johnston reported the last month has been interesting. He has been in touch with other agencies. We are light years ahead of 2017 when we flooded the last time. We have a command structure put in place and we are ready. Elko County EOC was activated and an information line can be reached at 775-777-2574 between 7:00 am to 9:00 pm. I. Police Chief No report. J. City Clerk Kelly Wooldridge stated she is tracking legislation. Jan spoke about the big prevailing wage bill but there are some others that may affect the City. She went over some of the bills that have come out recently. K. City Planner No report. L. Development Manager No report. M. Financial Services Director March 14, 2023 City Council | Minutes Page 8 of 12 No report. N. Parks and Recreation Director No report. O. Civil Engineer No report. P. Building Official Jeff Ford reported they will have a busy summer and spring. He went over the projects they have getting ready to start. BREAK XIII. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to adopt Resolution No. 1-23, a resolution and order vacating 6th Street between Idaho Street and Court Street consisting of an area approximately 18,133 sq. ft. as well as the public alley Right-of-Way of Block 4, Map of the Town of Elko recorded as File No. 1, consisting of an area approximately 6,003 sq. ft., which is located within the City of Elko, Nevada, to the abutting property owner County of Elko, filed and processed as Vacation No. 1-23, and matters related thereto. FOR POSSIBLE ACTION Planning Commission considered this agenda item at their regular meeting February 7, 2023 as well as the Redevelopment Agency at their meeting February 14, 2023 and they both forward a recommendation for City Council to adopt a resolution which conditionally approves Vacation 1-23. CL Mayor Pro Tem Simons stated this item had not been noticed so we will either have to take no action or table it. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to table. The motion passed unanimously. (4-0) B. Review, consideration, and possible determination of the submitted Business Impact Statement that presents the data and/or arguments as to whether the proposed fee increase in Resolution 2-23 A RESOLUTION AMENDING THE CITY LANDFILL USER FEES PURSUANT TO ELKO CITY CODE TITLE 9, CHAPTER 2, SECTION 21 will impose a March 14, 2023 City Council | Minutes Page 9 of 12  direct and significant burden upon a business or directly restrict the formation, operation or expansion of a business, and matters related thereto. FOR POSSIBLE ACTION At the January 24, 2023 the City Council directed Staff to complete a business impact statement on the proposed fee increase for the Municipal Landfill. Pursuant to NRS 237.080 the City of Elko notified owners and officers of businesses which may be affected by the fee for Resolution No. 2-23. Responses were due to the City by 5:00 p.m. on March 3, 2023 and are included in the business impact statement in the agenda packet. The council needs to determine if the increase will impose a direct and significant burden. If it is determined the fee increase will impose a direct and significant burden the Council can consider methods to reduce the impact. For example, they can simplify the rule, or modify the fee's. If council determines there is no significant impact, the Business Impact Statement will be completed and Resolution No. 2-23 will be heard at the next meeting. KW Kelly Wooldridge, City Clerk, said we sent out the proposed rule and comment cards to 1744 businesses. We received 12 comments opposing it. A lot of the comments were around Elko Sanitation fees. Elko Sanitation commented they would raise their fees. Council will need to decide from those comments if there is an impact. This is the most comments she has received since working for the City. Mayor Pro Tem Simons asked if there were any comments from the public without a response. Councilman Stone asked how do we answer to the public and how do we justify doubling the rate? Councilman Puccinelli said this is an enterprise fund but felt we are punishing the people that pay taxes in the City. This is a regional facility. Councilman Stone said there are places where there is no charge to use the facility because it is included in their property tax. It would be nice to have the County help with it. Mayor Pro Tem Simons thought we need to tell people we are losing money. When you bring trash in it costs us more than you are paying. Councilman Puccinelli said this is needed. Elko Sanitation said they would up their fees but they just did. Scott Wilkinson, Assistant City Manager, said Elko Sanitation can ask for a fee increase. They will have to demonstrate why they need that. The cost increase for a compactor is an eye opener. Shane Fertig, Landfill Superintendent, said he heard that by 2025, when he will be looking for a new water wagon, he will be looking at $850,000. Fuel has doubled. We need another operator. PERS has gone up and landfill staff are getting wage increases. Everything is going up. The compactor, when we were first looking at one in 2020, we were looking at $750,000. If we didn't have discounts, we would pay $1.2 million. Mr. Wilkinson said that same compactor was $574,000 in 2016. March 14, 2023 City Council | Minutes Page 10 of 12 Mr. Fertig said people are saying we are doubling our rate. We are not doubling it. We are going from $34 a ton to $40 a ton. Right now you can bring 280 lbs to the landfill for $5. If we go to the $10 minimum, you can bring 500 lbs for $10. Councilman Stone asked if this will help and if we will be back looking at this next year. Mr. Fertig answered Council will need to be prepared to look at this every few years. Mayor Pro Tem Simons noted prices never go down so we always have to raise prices. It has been 10 years. We all agree this is necessary. We have to decide if this proposed fee increase impose a direct and significant burden upon a business or directly restrict the formation. Dave Stanton, City Attorney, said looking at the Nevada Department of Taxation manual in Business Impact Statements, and their recommended motion is that the rule does impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. That would be the finding. They also recommend that a finding that a business impact statement has been prepared, accepted and is on file with the governing body, and that the requirements of 237 of NRS have been met by staff's action. Ms. Wooldridge asked what actions she would note on the paperwork. She referred to paragraph 3 on the overhead screen. Mr. Stanton answered those are things that need to be done in the process of considering whether to approve the fee change. That is included in the business impact statement. We are finding that it does impose a direct impact on a business. The next step will be approving the fee increase. These things can be considered at the same time. Ms. Wooldridge requested suggestions for this now. Some suggestions were discussed. Elko Sanitation was asked to come up and speak to the item. Charles Lloyd, Elko Sanitation, Operations Manager, said he is brand new and still learning the job. He was asked to come today and just listen. From his understanding about the landfill raising their prices, Carlin pays them separate for the dump fees. If we take 5 tons to the landfill for Carlin, we charge then the $34 a ton and they pay it separately. Wells and Mountain City are charged the same way. He was not sure about how the charges work for Elko. Mr. Wilkinson reminded him that they have an exclusive franchise agreement with Elko and spoke about the fee increases built into the agreement. Mr. Stanton asked Mr. Lloyd if this increase will have a significant economic impact on Elko Sanitation. Mr. Lloyd answered yes, it will be a big impact when you take all areas into consideration. March 14, 2023 City Council | Minutes Page 11 of 12  Mr. Stanton thought now may be a good idea to talk about methods to reduce the impact on businesses, etc. Mr. Fertig reminded Council that in 2022, Elko Sanitation was granted a 15% increase. They have had a year of a fee increase they have passed on to their customers. Councilman Stone agreed there is an impact but they did just do an increase too. We did the 15% for Elko Sanitation because we knew fee increases were coming. Mr. Wilkinson said they talked about gas increases, CDL requirements and equipment increases. That was some of their justification for their increase. Councilman Stone didn't see any other way to do this. Councilman Morris felt we had to pay for it one way or another. It won't go away. Councilman Puccinelli didn't want to see just the people in the City paying for the brunt of it. It is regional. We do need to do the increases. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve that 1) the rule does impose a direct and significant burden upon a business or directly restrict the formation, operation or expansion of a business; 2) that a business impact statement has been prepared, accepted and is on file by the City; 3) the requirements of 237 of NRS have been met by staff actions; and, 4) to change the City Manager to Jan Baum. The motion passed unanimously. (4-0) 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. There being no further business, Mayor Pro Tempore Simons adjourned the meeting at 6:04 p.m. Mayor Pro Tempore Mandy Simons Kelly Wooldridge, City Clerk March 14, 2023 City Council | Minutes Page 12 of 12