Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS March 28, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, March 28, 2023. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Ty Trouten, Police Chief James Johnston, Fire Chief Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director Jim Kerr, Water Superintendent Shane Fertig, Landfill Superintendent III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC March 28, 2023 City Council | Minutes Page 1 of 20  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. March 14, 2023 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Presentation of a plaque by the Mayor, in recognition and appreciation to Detective Sergeant Bryan Drake for his 19+ years of service, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener called Judge Drake up to the podium where he presented him with a plaque. Judge Bryan Drake said it is bittersweet and appreciates the opportunity to serve the citizens of Elko. B. Reading of a proclamation by the Mayor in honor of former Nevada State Assemblyman John Ellison for his many years of service to the citizens of the City of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener called Assemblyman John Ellison up to the podium and presented him with the Proclamation. John Ellison, Former Assemblyman, thanked Council for this honor. He ran for office for the people and not for himself. He has been part of a lot of great things that have been accomplished. VII. CONSENT AGENDA A. Review, consideration, and possible approval of the Gold Diggers M/C to use SnoBowl for a Motorcycle Racing Association of Northern Nevada (MRANN) sanctioned off-road race on October 14th & 15th, 2023, and matters related thereto. FOR POSSIBLE ACTION The Gold Diggers M/C has used SnoBowl for similar events in 2009, 2011, 2019, and 2022. In addition to using SnoBowl property, the Gold Diggers M/C intends on utilizing adjacent private and public property (BLM). Applications for use will be submitted to BLM the week of April 10, 2023. The City of Elko, BLM, and any private property owner will be insured through MRANN's liability policy. Care will be taken to avoid damaging mountain bike trails during the event. JW March 28, 2023 City Council | Minutes Page 2 of 20  B. Review, consideration and possible action to update the Golf Rate attachment in Exhibit B to the Golf Professional Agreement between the City of Elko and Richard Longhurst, PGA, and matters related thereto. FOR POSSIBLE ACTION On February 14, 2023 Council approved the Golf Professional Agreement between the City of Elko and Richard Longhurst, PGA. Exhibit B of the contract that included the current golf rates was incorrect. The rates were corrected and updated at the March 14, 2023 council meeting. The updated rate schedule will be added to the contract, Exhibit B. JB Councilman Stone disclosed he is involved with Gold Diggers but has no problem with this item. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the consent agenda. The motion passed unanimously. (5-0) VIII. PERSONNEL A. Review, consideration, and possible authorization to designate Michelle Rodriquez as a Municipal Court Judge Pro Tempore, pursuant to NRS 5.023, effective April 1, 2023, and matters related thereto. FOR POSSIBLE ACTION Elko Township Justice of the Peace Bryan Drake requested Michelle Rodriguez be designated as a City of Elko Municipal Court Judge Pro Tempore. A letter from Judge Drake is in the agenda packet for review. JB Jan Baum, City Manager, explained she had an email from Bryan Drake that states this designation will give Ms. Rodriguez the ability to reside over Juvenile citations. Mayor Keener called for questions or concerns without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to designate Michelle Rodriquez as a Municipal Court Judge Pro Tempore, pursuant to NRS 5.023, effective April 1, 2023. The motion passed unanimously. (5-0) B. Authorization for Staff to solicit Requests for Proposals (RFP) for review and update of the Compensation and Classification Plan for non-represented Management Employees and Appointed Officials, and matters related thereto. FOR POSSIBLE ACTION Historically, Council has approved an update to the Compensation and Classification Plan for non-represented management and appointed official positions, to ensure compensation is competitive in the market place. Staff is requesting approval from Council to begin the RFP process, and request proposals from qualified firms to provide consulting services in the development and implementation of an updated compensation and classification plan, March 28, 2023 City Council | Minutes Page 3 of 20  and review of the organizational structure for the City’s non-represented management and appointed officials groups. SS Susie Shurtz, Human Resources Manager, explained this has been completed every 5-6 years. It is time to do it again. With approval, we can get this process started again. Mayor Keener agreed that it is important to get done periodically. Councilman Morris asked if this would address the compaction issue with PD. Ms. Shurtz answered that will be included as one of their items. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve staff to solicit Requests for Proposals for review and update of the Compensation and Classification Plan for non-represented Management and Appointed Officials positions. The motion passed unanimously. (5-0) IX. APPROPRIATION A. Review and possible approval of General Warrants, and related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $583,224.49. The motion passed unanimously. (5-0) B. Review and possible ratification of General Hand-Cut warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the hand-cut checks in the amount of $136,135.10. The motion passed unanimously. (5-0) X. NEW BUSINESS A. Review, discussion, and possible action for the City of Elko to proceed with construction of Phase II of the Sports Complex and confirmation that City of Elko will not be dedicating funds to the construction of the Recreation/Events Center Projects, and matters related thereto. FOR POSSIBLE ACTION March 28, 2023 City Council | Minutes Page 4 of 20  On February 28, 2023, the Council approved a Letter of Understanding for the possible construction of a community recreation/events center. The letter is not an official agreement but does state, “The City will construct Phase 2 of the Sports Complex, contingent upon receiving a minimum 50% funding commitment from the Pennington Foundation.” and, “The City will fund the Recreation/Events Center Project in an amount equal to or exceeding the Pennington Foundation funding commitment.” The City received a letter from the William N. Pennington Foundation indicating the Foundation will not commit funding to Phase 2 of the Sports Complex. Given the City did not receive a funding commitment from the Pennington Foundation, Staff is requesting authorization from the Council to proceed with construction plans for Phase 2 of the Sports Complex. Secondly, given the City did not receive a funding commitment from the Pennington Foundation the City will not be dedicating funds to the construction of the Recreation/Events Center Projects. The Letter of Understanding is not an official agreement and will not be amended but direction from City Council is requested. JB Jan Baum, City Manager, explained before we go on to the other two items, we want to make sure Council is authorizing staff to move forward with the Sports Complex without the Pennington Foundation committing any financial assistance. Mayor Keener felt there was some uncertainty. He asked Mr. Bahr if the Boys and Girls Club is still moving forward with the Aquatics/Recreation Center. Rusty Bahr, Boys and Girls Club, said they will still make this happen and we will move forward. Some things will have to be modified because that is a $5 million change. We know the pool is a number one (1) need and we are going to move forward with it. Mayor Keener asked if there will be any prioritization of the projects? Rusty Bahr answered the Rec Center is Phase 1 and the Event Center is Phase 2. The pool is the number one priority in the project. Mayor Keener opened up public comments. There were no public comments. Councilwoman Simons said it all makes sense. We wanted that money too but we will move forward. Councilman Morris said he has faith in the Boys and Girls Club in looking for other funding. If we can get that pool in that would be great. The pool we have now is dying quick and we have to move forward. March 28, 2023 City Council | Minutes Page 5 of 20 Councilman Stone felt no one was going to like what he said. When we did the original letter, it was a 2-piece product; The Recreation Center and the Event Center. With this change; this is a huge change. He was trying to say this the way he wanted to say it but if not, we will figure this out. The reason we were pushing up from the Master Plan, to his understanding, to build a phase 2 at the Sports Complex was to build the Recreation/Swimming Center and the Event Center. He was not sure we don't need to step way back and take a look before we approve this, at this point, with, obviously Pennington said no, we can't do this, we don't support this. A lot of the funds were already there for the Swimming Pool and Rec Center. We need that for the kids, that is a given. The Event Center, at this point, without the dollars, being it is phase 2, we may need to sit back and focus on one project. Councilwoman Simons tried to asked Councilman Stone... Councilman Stone replied to Councilwoman Simons and said nope, you wait till I am done. You like to do that. I am going all the way here and then you can do what you want. We have that project put ahead of what was normally going to be the plan in the master plan. At this point, we have a Sports Complex that has been built for some time that has not been able to be used because of the grass. We tried. We spent a lot of money to do that. Maybe we need to put some AstroTurf in it like now is the plan for the new ones, so it is usable. We have the land ready to go for the swimming pool and the rec center, which we would lose those fields but if we get that sports complex going, now we can open those fields up and that would take care of Herrera missing. He knew that wasn't popular but, doggonnit, what is the rush here. We've got to step back and look at this. We can get this pool going. We can do that. He fully supports the Boys and Girls Club and all of that. That isn't what he is saying. What he is saying is that to rush into this second one, at this point, where we have lost the money from Pennington, to now, as we are going to talk later about the bond, putting our citizens into 12 million in debt. He didn't like it. Tell him where he is wrong, he was listening. Mayor Keener said this is something we have talked about extensively. If the city built the new pool complex, we would be looking at something north of $30 million. For the cost of $10 million, the City and the Citizens will be getting a beautiful complex there. Councilman Stone said they still can. We don't need to build Phase 2 of the Sports Complex to build a new swimming pool. We have a facility that has not been used yet. We need to get that usable and fix the grass. James Wiley, Parks and Recreation Director, said going back to the master plan, we needed six new fields by 2020. We built 3 but we will lose 2. We netted one with that. Two of those new fields are in good shape. We made the decision to go with artificial surfaces because of the soils. It is possible that one of those fields will have to transfer back to artificial surface. We have made a lot of progress with growing turf. They plan to use those fields as soon as they dry out. Councilman Stone asked if we decide to step back from the timeline of the Event Center, we would still lose Herrera fields? (yes) So instead of building more fields, we get those fields already at the Sports Complex up and running, then we get our feet under us and find a way to build an event center and not bond $12 million. March 28, 2023 City Council | Minutes Page 6 of 20 Mr. Wiley said there is a greater need for Phase 2 of the Sports Complex if we lose the Kump fields. We will still be behind the curve in terms of needing more fields. There is a lot of need out there. It is hard to ignore the fact that, when you are talking Master Plan, we have not delivered on the high priorities of it. This has been pointed many times at the meetings. If we were to lose the Herrera fields, we would only net 1 field. We will make it work but that is a major priority in the master plan. We were always going to bond for this project. The Pennington money wasn't going to reduce what was bonded. Jan Baum, City Manager, stated in September of 2022, it was brought to Council and it was approved to go out for a $10 million bond. Mr. Wiley said we heard from Boys and Girls Club that they are committed to the project. We did Phase 1 almost 4 years ago. Now we are looking at Phase 2. The Event Center idea was a surprise to him because he believed they always intended to keep the Kump fields. This is where we are at now. Councilman Stone said there is nothing saying we can't turn around. The swimming pool is what matters. Have you seen the interest on the bonds? We don't need to put the citizens into debt. Mayor Keener said we are not looking at going out for the whole $12 million but it is a placeholder for the bonding. Ms. Baum said they would like to keep the bonding at $10 million. The 5% interest rate is a placeholder too. She heard the actual interest rate right now is just under 4%. Mayor Keener wanted to keep the momentum going on this. He and Mandy were on the board at the time they made the decision to go with natural turf on Phase 1. Lessons have been learned that will make Phase 2 more successful. Councilman Puccinelli said he looks at this as three different projects. When we discussed bonding, he understood we were always going to go out to bond and the Pennington money was going to help with other things. We are committed to building the Sports Complex. Things are not going to get any cheaper. Councilman Morris said he looks at it different too. We will invest $10 million in the Sports Complex and we will also get the Swimming Pool/Recreation Center. Councilwoman Simons stated we need these fields for the kids. No matter what, we need these fields. Councilman Stone was concerned about other projects we may not be able to do because of this debt, such as the Police Department Annex or moving the Fire Department. Mayor Keener called for public comment. There was no public comment. ** A motion was made by Council Member Simons, seconded by Council Member Morris to authorize staff to proceed with construction plans for Phase 2 of the Sports Complex and March 28, 2023 City Council | Minutes Page 7 of 20 confirmation that the City of Elko will not be dedicating funds to the construction of the Recreation/Events Center Projects. The motion passed. (4-1 Councilman Stone voted against.) IX. APPROPRIATION (Cont.) C. Review, consideration, and possible approval to authorize Staff to solicit bids for the Second Phase of the Sports Complex Project, to possibly include hardscape and planting improvements within the Phase 1 area, and matters related thereto. FOR POSSIBLE ACTION This phase of construction is proposed to include three synthetic turf ball fields, a parking lot, a concession and restroom building, a central area of natural turf to accommodate two soccer fields, and concrete and plantings throughout the central plaza areas of both phases of construction. The design of this project is nearing completion. Various overview sheets have been included in the agenda packet. The engineer’s estimate is $9,300,000 for the base bid and $2,200,000 for the additive alternates. Considering a 10% contingency, quality control testing, and NV Energy costs, the total project cost is estimated at $12,750,000. Staff does not anticipate being able to award all of the alternates. Construction surveying can be done by the engineering department for a savings of at least $50,000. BT James Wiley, Parks and Recreation Director, explained this is related to the previous item. A drawing from the agenda packet was put on the overhead and he went over each item on it. The comfort station in Phase 2 will have the electrical and plumbing but we are not planning on equipping it with concession at this time. Regarding the natural grass in the central park of the park, the grass in the center field is listed as a bid alternate. He would really like to accomplish that. We can put soccer fields on there or more space for other activities. One lesson we learned from Phase 1, when we had to trim down the budget, was that we needed to add to the soil at the beginning of the project, rather than been trying to add soil amendments from the top down. Mayor Keener noted we will go out with all the alternates and see what price we will get. We know we will not be able to award all of them but we will have choices. Jan Baum, City Manager, added these bids do not include bleachers or dugout equipment. Mayor Keener said it was difficult for handicapped to get around in phase one. Will that be addressed? Mr. Wiley answered yes and went over what they are looking at doing to ensure access. Karen Kump asked about the dugouts. Will they have cinderblock or chain-link? Mr. Wiley answered the cinder blocks might be more private but they have been designed with chain- link. He has had discussions about the dugouts with the high school. They asked for the cinder blocks but the plans are chain-link and cinderblock is not in the budget. They also wanted sunken dugouts but that is not feasible with the water table in the area. Most high school dugouts are open dugouts March 28, 2023 City Council | Minutes Page 8 of 20 and they are not safe. For safety and insurance requirements, these dugouts will be fully enclosed with chain-link. Kelly Wooldridge, City Clerk, asked if the School District was helping pay for this. Mr. Wiley answered no. It would be nice to have some money come in to help appease the wants of the high school. Lee Hoffman, 1085 Barrington Ave., stated regarding the soccer fields in the area where there has been so much issue growing turf, when you consider your alternatives, you should think about the turf getting beat up at least as much as the baseball fields, and make sure the soil has the treatment it will need to be stable. Mr. Wiley said we know the native soils down there are horrible. Probably the worst he has ever come across. There are some things you can do to change the makeup of the soil. We have seen some improvements. He wanted to see where the bids come in. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to authorize staff to solicit bids for the Second Phase of the Sports Complex Project, to possibly include hardscape and planting improvements within the Phase 1 area. Councilman Stone explained he is voting yes but this is just for the bid. The motion passed unanimously. (5-0) X. NEW BUSINESS (Cont.) B. Review, consideration and possible acceptance of a Grant of Easement for public utilities, associated with Vacation 1-23 for the Right-of-Way vacation of 6th Street between Idaho Street and Court Street as well as the public alley Right-of-Way of Block 4, Map of the Town of Elko recorded as File No. 1, filed by County of Elko Nevada as grantor, and matters related thereto. FOR POSSIBLE ACTION A condition of Vacation 1-23 was that County of Elko grant a public utility easement over the area requested to be vacated with the exception of the encroachments on the west side of 6th Street. There are several utilities within the area requested to be vacated to County of Elko. CL Cathy Laughlin, City Planner, explained this is part of the vacation of 6th Street. One of the conditions for the vacation was for an easement. This will fulfill that requirement. Cory Rice, Elko County, stated this is directly related to the vacation in Public Hearings. He said he would be fine with hearing this after Public Hearings. Mayor Keener felt this was straight forward. He called for public comments. There were no comments. March 28, 2023 City Council | Minutes Page 9 of 20 ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve and accept the Grant of Easement for public utilites as presented. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of an Interlocal Contract between public agencies of the Department of Public Safety, State Fire Marshal and The City of Elko, and matters related thereto. FOR POSSIBLE ACTION Renewal of our our two year agreement that gives us the ability to perform our own inspections, investigation, and plan review. JJ Chief Johnston explained this probably should have been in the consent agenda. A copy of the agreement was included in the packet. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve an Interlocal Contract between public agencies of the Department of Public Safety, State Fire Marshal and the City of Elko. The motion passed unanimously. (5-0) D. Review, consideration, and possible action on the Ruby View Golf Course Food & Beverage Concessionaire, including the selection of a qualified individual or company to enter into negotiations with, and matters related thereto. FOR POSSIBLE ACTION On February 28, 2023 City Council authorized Staff to distribute a 2nd Request for Proposal (RFP) for the Ruby View Golf Course Food & Beverage Concessionaire. The City received 3 proposals; Karr Enterprises, Scott Baliff and The Tasty Tavern. Proposals are included in the packet. The proposals were reviewed and scored by the Selection Committee. Again the committee was impressed with all proposals. Based on the committee’s review, the committee recommends the City begin contract negotiations with Karr Enterprises for the Ruby View Golf Course Food & Beverage Concessionaire. Regardless of the City Council’s final decision, it must be contingent upon successfully negotiating an agreement with the Concessionaire. Staff anticipates a final agreement will be presented for consideration at the April 11, 2023 City Council meeting. JB Jan Baum, City Manager, said the committee met and we had some great proposals. Based on our scoring sheets, we are recommending Karr Enterprises for the concessionaire. One of the considerations was regarding timing. Councilman Morris said he sat on the committee and was impressed with all three. He felt Karr Enterprises was the best one because they already had the staff in place. March 28, 2023 City Council | Minutes Page 10 of 20 Desirae Leininger, Tasty Tavern, said they submitted a proposal and are perfectly capable of doing the concession. She was hoping Council would give them some more consideration. They would love this opportunity. Will Moschetti stated he was on the committee and he agreed with Councilman Morris. There is some negotiating with the contract because part of the Karr proposal was to spend some money to fix up the patio. We all thought that was out of line. He also offered a base rent that will have to be clarified. The Tasty Tavern menu looked great but they have never really had a physical location. Karr has the staff and the ability to handle big events. Mayor Keener called for public comments. Jennifer Morially said she has seen Tasty Tavern knock out 1000's of meals in an efficient manner. It is nice to see someone with an inventive menu. One concern she had was the $20,000 Karr was going to pay for renovating and then not pay rent for months. The tasty tavern is projecting they are going to be open to year round. She was not sure why a seasonal operation is favorable to a year-round operation. Jan Baum said the patio, the $20,000 will come into the negotiation factor and we are not willing to do that. When she was visiting with Jon he also said he would negotiate the percentage as well. Councilman Morris pointed out you can't heat that place in the winter. They have tried in the past. It has single pane windows and no insulation. Mayor Keener stated public comments are closed. Mr. Karr has done a great job in Spring Creek. He is not opposed to a new operator going in there, either. What troubles him is the disparity between the 20% and 7%. He wondered if paying the utilities would make up the difference. Can the utilities in the building be separated? Ms. Baum answered no. We are making an estimate on the cost of the utilities. Councilman Puccinelli said he has had the Tasty Tavern and the food is good. Looking at the menu, we are competing with downtown and that is not what they are looking for. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve to have the City begin contract negotiations with Karr Enterprises for Ruby View Golf Course Food and Beverage Concessionaire. The motion passed unanimously. (5-0) BREAK XIII. 5:30 P.M. PUBLIC HEARING March 28, 2023 City Council | Minutes Page 11 of 20  A. Review, consideration, and possible action to adopt Resolution No. 01-23, 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 forwarded a recommendation for City Council to adopt a resolution which conditionally approves Vacation 1-23. This item was tabled from the March 14, 2023 meeting due to a mishap in the public hearing notifications with Elko Daily Free Press. CL Cathy Laughlin, City Planner, explained we need this resolution to be approved in order to have the easement previously approved. We have seen this before as a petition. This is the final step in vacating the final right-or-way. Cory Rice, Elko County, stated he was available for questions if needed. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to adopt Resolution No. 1-23 which contains conditions as recommended by the Planning Commission and Redevelopment Agency. The motion passed unanimously. (5-0) B. Second reading, public hearing, and possible adoption of Ordinance No. 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 first reading of Ordinance No. 881 was conducted on March 14, 2023. No changes have been made since the first reading. MR Ms. Laughlin stated this is the second reading. There have been no changes made and we have not heard from the public. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve second reading, public hearing and adoption of Ordinance No. 881. The motion passed unanimously. (5-0) March 28, 2023 City Council | Minutes Page 12 of 20  C. Review, consideration, and possible approval of Resolution No. 04-23, A RESOLUTION AUTHORIZING MEDIUM-TERM OBLIGATIONS IN AN AMOUNT OF UP TO $12,000,000 FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF RECREATIONAL PROJECTS AND FACILITIES; DIRECTING THE OFFICERS OF THE CITY TO FORWARD MATERIALS TO THE DEPARTMENT OF TAXATION OF THE STATE OF NEVADA; PROVIDING CERTAIN DETAILS IN CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF. and matters related thereto. FOR POSSIBLE ACTION On September 22, 2022, City Council passed Resolution No. 26-22 a Resolution expressing intent of the City of Elko to issue bonds or enter into financial obligations in the approximate aggregate principal amount of $10,000,000 to finance recreational projects and facilities. Resolution No. 04-23 is the next step in issuing bonds to finance recreational projects and facilities. The recreational projects and facilities is the Sports Complex Phase II. Resolution refers to a bond in an amount of up to $12,000,000. The City intends on financing $10,000,000 but is asking Council to authorize medium-term obligations in an amount up to $12,000,000 in case there are unforeseen expenditures associated with the Sports Complex Phase II that exceed $10,000,000. JB Mayor Keener noted this was being heard under Public Hearing, beginning at 5:36 p.m. Jan Baum, City Manager, explained she doesn't anticipate borrowing more than $10 million but we made the decision to word this for up to $12 million just in case. Andy Artusa, Zion's Bank, said before Council is a proposal to move forward with the authorization for bonds. We will be coming back once we get final bids to go through the bond ordinance. Once we get approval tonight, we will move forward with Department of Taxation approval and concurrent to that, we will go out to bid to the banks. We don't think we will see 5% for the interest rate but we are hoping for something closer to 3.5%. He offered to answer any questions. Mayor Keener asked if the agenda item was read and approved. Mr. Artusa answered yes. Councilman Stone asked if we were talking about 10 years. (yes) He asked what the amortization would be. Mr. Artusa answered over the 10-year period, the interest would be a around $2,240,000. Mayor Keener called for public comments. Lee Hoffman, 1085 Barrington, asked for clarification on the funding source of retiring the bond. March 28, 2023 City Council | Minutes Page 13 of 20 Ms. Baum answered the thought is to use the additional 17.77 cents in Ad Valorem tax that is going into the Facility Fund to pay this bond. She added, in this bond, it mentions the Facility Reserve Fund, the General Fund and the Recreation Fund just in case the Ad Valorem tax fell off. Mayor Keener asked about the City's credit rating and where it is right now. Mr. Artusa answered he thought it was in the single a category. These bonds will not be asking for rating since we are not doing a public bond offering. Mayor Keener closed public comments at 5:48 p.m. and asked if there was a motion. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve Resolution No. 04-23, a resolution authorizing medium-term obligations in an amount of up to $12,000,000 for the purpose of financing all or a portion of recreational projects and facilities; directing the officers of the City to forward materials to the Department of Taxation of the State of Nevada; providing certain details in connection therewith; and providing the effective date hereof. The motion passed. (4-1 Councilman Stone voted against.) Mayor Keener closed public hearings. X. NEW BUSINESS (Cont.) E. Review, consideration, and possible appointment of 5 members to the Ruby View Golf Course Advisory Committee, and matters related thereto. FOR POSSIBLE ACTION. On February 14, 2023 City Council approved the Ruby View Golf Course Advisory Committee Bylaws. On this same date City Council authorized staff to advertise for the 5 open position on the committee. 7 letters of interest were received and are included in the packet for review. The bylaws state the committee represent the golf community in the following areas: Men’s Association, Women’s Association, Junior Golf, At Large Elko Golf Community Member and an Elko City Council Member. The advertisement for the Golf Committee Recruitment indicated members must be a City of Elko resident. The bylaws approved by the City Council do not include this requirement. City Council appoints the 5 members of the Ruby View Golf Course Advisory Committee to a 2-year term. Note the Ruby View Golf Course Advisory Committee bylaws approved by City Council on February 14, 2023 will need to be reviewed and passed by the Committee members at their first meeting. JW James Wiley, Parks and Recreation Director, explained we did receive seven letters of interest but there are five spots to fill and one of them needs to be a Councilmember. March 28, 2023 City Council | Minutes Page 14 of 20 Mayor Keener stated Councilman Morris is in first position for the Golf Committee and Councilman Puccinelli is in second position. He asked Councilman Morris was willing to serve on the committee. Councilman Morris answered yes. ** A motion was made by Mayor Keener, seconded by Council Member Simons to approve to appoint Clair Morris as the Council Advisory Member. The motion passed. (4-0 Councilman Morris abstained.) ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve to appoint Dana Morfin to the board. The motion passed unanimously. (5-0) ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve to appoint Will Moschetti as the Jr. Golf representative. The motion passed unanimously. (5-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve to appoint Dan Stewart as the Ruby View Men's Association member. The motion passed unanimously. (5-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve to appoint Chris Johnson as the at-large member. The motion passed unanimously. (5-0) F. Review, consideration and possible action to approve a Letter of Support for a Transportation Alternatives Program Grant Application, prepared by the Elko County Grants and Compliance Manager, to further the possible develop of the Humboldt-Rubies Trail, and matters related thereto. FOR POSSIBLE ACTION Abby Wheeler, Elko County Grants and Compliance Manager, is preparing a grant application through the Transportation Alternatives Program, administered by the Nevada Department of Transportation for research and documentation to assist in the development of approximately forty (40) miles of trail system. The Elko Trail System Initiative has provided a letter of support and has requested that the City provide a letter of support. The proposed trail system meets Objectives 5 and 7 of the City’s adopted Mater Plan. SAW Cathy Laughlin, City Planner, explained the proposed letter was included in the packet. March 28, 2023 City Council | Minutes Page 15 of 20 Leslie Creel, Elko Trail System Initiative, said they are hoping to pull together a feasibility study to create a trunk trail from Carlin to Lamoille. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve a letter of support for a Transportation Alternative Program grant application. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE A. Review, consideration, and possible adoption of Resolution No. 6-23, a Resolution correcting a city zoning map error affecting a parcel within the City of Elko APN 001-335- 003, also known as 776 Silver Street, and matters related thereto. FOR POSSIBLE ACTION The City of Elko adopted Resolution 1-99 and since the adoption, the referenced parcel has been incorrectly mapped and labeled as C - General Commercial when the Resolution 1-99 didn't affect the referenced parcel and it should still be mapped and labeled as GI - General Industrial. CL Ms. Laughlin explained how the error occurred in 1999. The owner of 776 Silver Street does not wish to be zoned as C and wants it to be GI. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to adopt Resolution No. 6-23, which corrects the City zoning map error affecting parcel APN 001-335-003, also known as 776 Silver Street. The motion passed unanimously. (5-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 30-Day Temporary Retail Beer and Wine License and issue a Regular Retail Beer and Wine License, to Julie Kraus and Paul Kraus DBA Jewels Floral Studio, 336 Silver Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION License was initially granted February 6th of 2023 for beer and wine for their Floral Studio. They are seeking to expand their retail offerings to include beer and wine. TT Chief Trouten explained the agenda had some errors. He has no concerns with the applicant. He asked that Council ratifies a 51-day temporary and issue a regular liquor license. March 28, 2023 City Council | Minutes Page 16 of 20 Dave Stanton, City Attorney, said this was noticed for a 30-day and not a 51-day temporary liquor license. We cannot ratify a 51-day temporary license. Chief Trouten suggested we ratify the 30-day temporary today and come back later with the additional days. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to ratify the Police Chief issuing a 30-day temporary retail beer and wine license and issue a Regular Retail Beer and Wine License to Julie Krause and Paul Krause, DBA Jewels Floral Studio. The motion passed. (4-0 Councilman Stone abstained.) VI. PRESENTATION (Cont.) C. Review, consideration, and direction to Staff regarding the Fiscal Year 2023/2024 Budget, inclusive of Enterprise Funds and Internal Service Fund and matters related thereto. FOR POSSIBLE ACTION Lowell Black, Financial Services Director, gave a presentation. Mayor Keener noted in the water and sewer funds, the ARPA funds seem to mess things up. We did a staged increase for the water and sewer rates. Do we need to look at that again? Jan Baum, City Manager, said we are worried about the water rates. There is a rate study built into this budget. It is obvious we are not covering our capital. We have a lot of repairs that are being done all the time. The sewer fund operating loss is a bit concerning too. Lee Hoffman, 1085 Barrington Ave., said the water and sewer funds are dear to his heart. You will have to consider increasing those rates again because funding depreciation is critical to those funds. XIV. REPORTS A. Mayor and City Council Councilwoman Simons reported last week, they had some Mayors go and meet with the Governor. The Mayor was out of town so she went. The League of Cities had set aside some time to meet and discuss some of the bills coming out of the Legislature. She was able to talk about the Airport bill. There is a rural tour coming up. The Governor mentioned the COVID money that was distributed by the state, if it isn't spent will have to go back to the state and be redistributed to certain projects. It may end up that the Boys and Girls Club will receive some of those funds. Mayor Keener reported the Nevada League of Cities Ely Retreat will be in June 8-10. He has gone to the last couple of these. It is a great time to get to know other league members and appointed officials. He enjoyed the one last year and looks forward to the Ely retreat. March 28, 2023 City Council | Minutes Page 17 of 20 Councilman Stone reported that the ECVA has a temporary lighting and sound system installed right now. It was put to use twice and one was for a concert this last weekend. The new system will be in soon. Today an email went out in support of the Airport bill. The tall sign at the park, they are putting that out to bid for both sides to have video. That will happen soon. We new have a person who is handling more of a bookkeeping function and making sure the funds are where they are supposed to be. Mayor Keener asked the City stepped up in a large way with the lodging tax. We were hoping the County would step in and help too. Have they expressed any willingness to help out? Councilman Stone answered he didn't have that answer. There has been some talk but he didn't know where that was. B. City Manager Jan Baum reported AB58 has been amended and is now AB429. It had 3 primary amendments. It seems like it is getting a lot of support. Jim Foster is in Reno for a Nevada Aviation Association Convention. He spent yesterday at the Legislature. He is trying to get a meeting with the Governor's Office. She has been sending out a template letter to businesses in the area to send to the legislature to show their support. C. Assistant City Manager Absent. D. Utilities Director Dale Johnson reported last weekend we had a 10-inch water main break on Lamoille. The Street Department came out and helped them with it. They all worked on it for well over 24-hours. Mayor Keener asked with all of the moisture and runoff, are we seeing any groundwater replenishment. Mr. Johnson answered yes. The snow levels were up this year. The wells are all showing increases in water levels. Mayor Keener said he noticed in the payables, a payment to the attorneys handling the Pershing County water suit. Where are we with that? Mr. Johnson said they will be moving some water rights around to be farther away from the river so we don't lose any water rights. If we move them closer to the river, we have to take a "haircut" which means we lose water rights or figure out how to put water back into the river. Jim Kerr thanked the Street Department for the work over the weekend. E. Public Works March 28, 2023 City Council | Minutes Page 18 of 20 Shane Fertig reported the compactor Council approved last October showed up Monday. We were able to make it through with our backup. Empire/Cashman was on site yesterday and it will be in production soon. F. Airport Manager Absent. G. City Attorney No report. H. Fire Chief Chief Johnston reported on the flood efforts. The river is at 2.2 feet which is perfect. The projections show we should be hitting mid April as our peak numbers but we have been underachieving that each week. The next atmospheric river will be hitting tomorrow and may go 1-2 weeks. We are loving the cold river because the melt off has slowed and the banks are drying up. The County declared an emergency. We have been included with our staffing for the sandbags and the pump rentals. When we reach our peak we will include a second sandbag location. Mayor Keener said someone contacted him regarding sandbags. If we get to a point that we really need sandbag production, can we use a cement truck to help out? Chief Johnston said there has been a joint effort with the county this year. The County is looking at having an automatic sandbagging machine. I. Police Chief Mayor Keener showed a video of the Special Olympics fundraiser, the Polar Plunge. Chief Trouten said the water was very cold. He thanked those that supported the local athletes. The SWAT team took the plunge after they did. J. City Clerk No report. K. City Planner No report. L. Development Manager Absent. March 28, 2023 City Council | Minutes Page 19 of 20  M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported on spring sports. The grass areas are looking good. The crew was able to get some grooming done and some of the fields. There is a storm coming and it is supposed to dump more snow. We should be able to get some games in. There is some fencing that needs to be repaired. The pool is holding on. The indoor pool is up to temp and holding. There has been some concern from citizen about why we are not making repairs on the pool but he thought they were understanding. Mayor Keener asked if the moisture is helping the soil conditions at the Sports Complex. Mr. Wiley answered moisture keeps the salt down a bit until it dries out. The grass at the golf course is still mostly covered in snow but he was hoping it will green up soon. O. Civil Engineer Absent. P. Building Official Mayor Keener asked if Dotty's has pulled permits yet. (Yes) What about Komatsu? Jeff Ford answered they have chosen their contractor. 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 Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk March 28, 2023 City Council | Minutes Page 20 of 20