Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS May 9, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, May 9, 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 left at 4:45 p.m. Clair Morris, Councilman Absent: Giovanni Puccinelli, Councilman City Staff Present: Jan Baum, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer Jason Pepper, Police Lieutenant Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief Lowell Black, Financial Services Director Michael Hanely, Deputy City Attorney May 9, 2023 City Council | Minutes Page 1 of 12 III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. V. APPROVAL OF MINUTES A. Approval of April 25, 2023 Minutes Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Presentation by the Development Department regarding this year's Clean Up Green Up event, the 20th anniversary, and matters related thereto. INFORMATION ONLY - NON- ACTION ITEM 2023 Clean Up Green Up happened on April 22, 2023. Staff will present success of the event. Adeline Thibault, Environmental Coordinator gave the presentation included in the packet. Mayor Keener asked about the year they got so much more metal waste. Ms. Thibault stated that was a year they focused in North 5th Street. Mayor Keener thanked staff for all of the work doing this event. VII. PERSONNEL A. Employee Introductions: 1.) Rhett King - Equipment Operator I, Streets Department 2.) Payden Shafer - Equipment Operator I, Streets Department 3.) Maria Lindsay - Part-Time Laboratory Technician, Sewer Department 4.) Jodi Notestine - Administrative Assistant to the Assistant City Manager, Administration 5.) Jesse Silva, Patrol Officer, Police Department Rhett King and Payden Shafer were not present. All others were present and introduced. IX. NEW BUSINESS May 9, 2023 City Council | Minutes Page 2 of 12  G. Review, consideration and possible authorization for Mr. Thomas Gallagher to assist the City, in conjunction with county support, in seeking additional federal funding through Congressman Amodei’s office for the Errecart Boulevard roadway and utility project, and matters related thereto. FOR POSSIBLE ACTION The Council has taken action allocating American Rescue Plan Act funds (ARPA) for the expansion of water utility infrastructure into several areas of the community lacking water service. Under ARPA rules the proposed projects must address noted deficiencies in the current water system. Staff identified and Council approved several projects pending engineering and funding. As staff has progressed through the engineering process it appears that the available ARPA funding will not be sufficient to fund all the proposed projects. One of the proposed projects is the Errecart Boulevard extension which Summit Engineering has been contracted to design. It appears that there may be insufficient funding to complete the proposed Errecart Boulevard project. Errecart Boulevard provides several benefits to both the city and county. It will provide an alternate route for county residents to the south of the city reducing traffic counts through the downtown areas of the city and will provide a second route for emergency access to the hospital. Mr. Thomas Gallagher, owner of Summit Engineering, has offered to assist the City, in conjunction with county support, in seeking federal funding through Congressman Amodei’s office for the Errecart Boulevard Roadway project. Elko County will be considering this item at its May 17, 2023 meeting. SAW Scott Wilkinson, Assistant City Manager, stated the City Manager has drafted a letter to consider approving as a part of this agenda item. There have been conversations with Mr. Gallagher. This is a costly project and we have explored ways to get it partially completed. With Mr. Gallagher we may be able to get more completed. We have talked about a two lane connecter. We are looking at a way to have a second route to the hospital. There is some traffic congestion in the downtown area. This could assist with that. We also need to get the water line extended to the 5200 tank and we would have redundancy in our river crossing and water to higher elevations. It would be great to have some additional federal funding. Mayor Keener introduced Mr. Gallagher and thanked him for his efforts on behalf of the City. Summit engineering has done a lot of work for Elko over the years. Mr. Gallagher introduced his staff. He needs verification of how much ARPA money the City has and how fast that needs to be spent. He needs a number to ask the congressional delegation for how much money is needed. We have a better chance of getting the funding if we are solving two things; the access issue and the water issue. They did the original alignment a few years ago the way we were directed to do between the two connection points. That alignment based on today's pricing is somewhere around $53 million. They redid it and tried to "cut some of the gravy out," and they cut it down from $1.2 million cubic yard to770,000 cubic yards and made a big difference in the cost. It shortened the connection on the two streets. With just the water improvements for $12 million there is enough to cover that. This would end up with a water line with dirt over it and no paving, making it expensive dirt. Their design would include two full paved lanes and storm drain crossing, no May 9, 2023 City Council | Minutes Page 3 of 12 sidewalks, no curb and gutter, roadside drainage, and putting in underground utilities. It will be graded within city standards for 35 mph. Total cost would be $22.5 million. So if the City has $12 million we are $10 million short. Mr. Gallagher has met with the Congressman. They need Elko County and City of Elko to completely agree or they will not have a strong stand. He needs a letter of support by both by May 17, 2023. The roads would be tied from the hospital to the bridge. This would eliminate some of the traffic on 12th Street and it would solve the water. Solving these two critical problems makes it a good investment for the Federal Government. A second alternative is put the other two lanes in, plus doing the shoulders is approximately $26.2 million, making us $14 million short. He and the lobbyist are comfortable to go to Congressman Amodei to ask for $15 million. He thinks there is nothing to loose and the numbers need to be fine-tuned before he takes them to the Congressman. Mayor Keener asked Jan Baum, City Manager how much ARPA money we have. Ms. Baum answered we are estimating between $10-$12 million but we have a couple of projects out using the ARPA money that we are getting engineer estimates on and hoping to go to bid soon. She thinks we could come to Council the first week in June. ARPA money has to be dedicated by 12/31/24 and spent by 12/31/26. Mayor Keener asked board members for questions. There were none. He asked for public comments without a response. There is a letter of support we will sign and send to the County and Mr. Gallagher. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve a letter that was presented to Council, to Thomas Gallagher, signed by all the Councilmembers, in support of Mr. Thomas Gallagher approaching our Congressional Delegation for seeking additional federal funding for the Errecart Boulevard Roadway and Utility Project. The motion passed unanimously. (4-0) Mr. Gallagher asked whom the letter was addressed to. Mayor Keener answered it was address to Mr. Gallagher. Is that sufficient? Mr. Gallagher said that would do for now. He wanted to make sure he could get the letter addressed to someone else if needed. E. Status update on the Public Nuisance complaint regarding 837 Idaho Street (Elko Inn), and matters related thereto. INFORMATION ONLY - NON ACTION ITEM A formal Public Nuisance complaint was submitted to the City Clerk on April 18, 2023 and given to the Development Department to investigate. The investigation was conducted on April 19, 2023 and a report was returned to the City Manager on April 20, 2023. A presentation was given to the City Council at their April 25, 2023 meeting. Staff is now providing an update on any activity that has occurred since April 25, 2023. MR May 9, 2023 City Council | Minutes Page 4 of 12 Michelle Rambo, Development Manager stated they did swap out the dumpster. Two of the abandoned cars were moved but two more have arrived. They are estimating about five people living there. They have had reports from neighbors of people trespassing to get water. They have yet to pay their water bill. Mayor Keener asked if there has been contact from the owner. Ms. Rambo answered no. Michael Hanley, Deputy City Attorney, stated the complaint and notice was sent to them on April 27. The notice of hearing was not included so they have been re-noticed. They have made some improvements but not as many as we would like to see at this juncture. Since they have commenced work, they have met some requirements. They have thirty days from today to finish or we can do the abatement and place a lien on the property to recover costs. Councilman Morris stated it appears there are more people there than before. Mr. Hanley stated there are still people living there. Mayor Keener stated he went by this morning and it appears two rooms occupied in the front and seven rooms in the back. It appears they are losing ground. He asked when will this come before the board again. Mr. Hanley replied this could be at the next Council meeting. That notice of hearing, they would have to request within five days of the notice being sent to them whether they want to have a hearing or not. It doesn’t appear in the code that there is a time limit for how many days before the hearing we have to give them notice. We have to give them notice and they have five days after that notice to let us know whether they intend to proceed with an evidentiary hearing to determine if a public nuisance exists. Mayor Keener called for public comments or questions without a response. VIII. APPROPRIATION A. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the general warrants in the amount of $638,916.17. The motion passed unanimously. (3-0) B. Review and possible ratification of General Hand-Cut Warrants, and matters related thereto. FOR POSSIBLE ACTION May 9, 2023 City Council | Minutes Page 5 of 12 ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the general hand-cut checks in the amount of $285,910.76. The motion passed unanimously. (3-0) C. Review and possible ratification of Utility Refunds, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the utility refunds in the amount of $1,317.88. The motion passed unanimously. (3-0) IX. NEW BUSINESS (Cont.) A. Review, consideration, and possible approval of a Conditional Street Cut Permit adjacent to 1784 Village Parkway under Section 8-2-6 of Elko City Code, and matters related thereto. FOR POSSIBLE ACTION Elko City Code Section 8-2-6 requires that except in an emergency, if a permittee wishes to excavate within a street or paved alley that is five (5) years old or less, the permittee must receive City Council approval prior to excavation. In granting approval for a new excavation permit pursuant to this section, the City Council may place any conditions on the permit it determines are reasonably necessary to protect the City streets. During the construction of the house at 1784 Village Parkway, it was discovered that Southwest Gas did not install a lateral gas line into this lot. In order to go back and install the needed lateral, a street cut is required. City Council approval is needed to make this cut because the street is less than five (5) years old. MR Michele Rambo, Development Manager, stated there are conditions in the recommended motion. They are the same ones as approved at the last meeting. Mayor Keener asked where this is located. Ms. Rambo stated this is Great Basin Estates off Opal. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve a Conditional Street Cut Permit for 1784 Village Parkway under Section 8-2-6 of Elko City Code subject to the following conditions: • Modify the building permit, if needed, showing the lateral. • Utility inspection and approval required. • Provide compaction results for backfill. May 9, 2023 City Council | Minutes Page 6 of 12 • Cold patch until final patch. • Final patch and approval by the street department by the end of July 2023. The motion passed unanimously. (3-0) B. Review, consideration, and possible approval for an amendment to extend an existing Cooperative Agreement between the City of Elko and the Nevada Department of Transportation (NDOT) for the purpose of providing each other with project services related to respective stormwater programs, and matters related thereto. FOR POSSIBLE ACTION The City of Elko’s Small MS4 permit encourages that jurisdictions work together and/or assist each other with their stormwater programs. Since the stormwater management responsibilities of the City of Elko and NDOT are fairly intertwined, the City and NDOT have entered into cooperative agreements in the past. The current agreement expires on June 30, 2023. The proposed amendment would extend that agreement until June 30, 2026. In the past, these agreements have been used predominantly for assistance with public educational programs and have not resulted in any significant expenses. MR Michele Rambo, Development Manager, stated this agreement expires June 2023. NDOT has asked for a three-year agreement. There is not much money spent on this. It is mostly Ms. Thibault speaking to classes at Lamoille Canyon. Mayor Keener asked if this agreement has anything to do with SWAC. Ms. Rambo stated they have discussed this with SWAC and made them aware of it. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the proposed Amendment No. 1 to Cooperative Agreement No. PR 098-20-018 extending the agreement with the Nevada Department of Transportation to June 30, 2026. The motion passed unanimously. (3-0) C. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Legion Construction and Development, LLC for the Jarbidge Estates Subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Legion Construction and Development, LLC entered into an agreement to install improvements for the Jarbidge Estates Subdivision on July 13, 2021. The agreement is set to expire on July 13, 2023. Legion Construction and Development, LLC has determined that they will not complete the subdivision improvements before this expiration date and has requested a one-year extension. Section 1F of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the developer has satisfactorily performed its duties May 9, 2023 City Council | Minutes Page 7 of 12  under the agreement to date, 2) the developer has diligently and in good faith attempted to complete the work, but has been unable to do so due to events beyond the developer’s control, and 3) the Maintenance Guarantee has been provided to the City. MR Ms. Rambo explained this developer has run into supply and labor issues so they are asking for the one year extension allowed in the agreement. Mayor Keener stated he drove by there last week and there is excavation and concrete work happening so they are moving forward. He called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty for the Jarbidge Estates subdivision. The motion passed unanimously. (3-0) D. Review, consideration, and possible approval of a Grant of Easement, to create an easement for the installation of electrical equipment to provide service within APN: 001-690-001, for the Sports Complex Phase 2 project, and matters related thereto. FOR POSSIBLE ACTION This easement has been requested by NV Energy, to provide electrical service to the second phase of the Sports Complex. The easement will be ten feet wide, centered on the electrical improvements. The proposed design from NV Energy fits well with the proposed phase 2 improvements. BT Bob Thibault, Civil Engineer, stated this easement is necessary for the Sports Complex project. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the Grant of Easement, to create an easement for the installation of electrical equipment to provide service within APN: 001-690-001, for the Sports Complex Phase 2 Project. The motion passed unanimously. (3-0) F. Review, consideration and possible approval of the revised Humanitarian Campground Rules, and matters related thereto. FOR POSSIBLE ACTION The Humanitarian Campground Rules require revision to address pet ownership at the camp. SAW Scott Wilkinson, Assistant City Manager, stated there have been some issues come up with pet ownership at the camp. We are proposing to declare dogs and cats are allowed as pets. Other animals would be prohibited as pets. Breeding of dogs or cats is prohibited. Some of the campers have been breeding to earn money. We are also trying to address the spay/neuter issue and the animal shelter May 9, 2023 City Council | Minutes Page 8 of 12 will do this. There will be a threshold of six months of age. The other change is destruction or damage WILL (instead of shall) include eviction from the Camp. Mayor Keener asked if campers have to sign they understand and agree the rules. Mr. Wilkinson answered they are supposed to register with FISH and sign the acknowledgement Some do not register with FISH, and this is an ongoing issue that has happened since FISH quit the oversight of the camp. Mayor Keener asked if this is retroactive to current campers. Mr. Wilkinson stated it will apply to anybody with pets there right now. He stated we have a good handle on the animals there right now. Animal control and the Animal shelter has been working with the current pet owners and they have been successful. We have offered free vaccinations as well. Mayor Keener asked that they insert the word ALL other animals prohibited into the language. Jan Baum, City Manager, stated Alyssa Mangum, Animal Shelter Manager, has done a lot of work with the campers and the spay/neuter has been done by the Animal House Sanctuary. Cathy Laughlin, City Planner, asked about adding cats to the vaccinations. Mr. Wilkinson and Ms. Baum both agreed to add this. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the revised Humanitarian Campground Rules, adding cats must be current on vaccinations. The motion passed unanimously. (3-0) BREAK H. Review, discussion and consideration of the bills potentially relevant to the City of Elko during the 2023 Legislative session, and matters related thereto. FOR POSSIBLE ACTION The 2023 Legislative Tracking sheet updated as of 5-3-2023 is attached. Kelly Wooldridge, City Clerk, said SB226 and SB433 may not be going anywhere. There was a hearing on SB433 but she was unable to listen to it. There was another public works bill heard regarding the apprenticeship act that she has not listened to yet. Last week there was a hearing on a GoEd bill regarding property tax. Other than those items, the spreadsheet is caught up. We may get more answers about the prevailing wage bills this Thursday. Lee Hoffman, 1085 Barrington Ave., reminded everybody there is an easy way to go follow and comment on bills on NELIS Site and the Elko County Republican website has links to those. There May 9, 2023 City Council | Minutes Page 9 of 12 are some bills from the Governor that deserve some support. He did get the good news last week about SB226 an SB433 probably will not go anywhere. X. REPORTS A. Mayor and City Council Mayor Keener reported on the meeting with Tom Gallagher and it was interesting to see the revised alignment and the cut and fill from the original alignment to connect Erracart with Lamoille Highway. It really does minimize the amount of excavation work needed and it looks very promising. B. City Manager No report C. Assistant City Manager No report D. Utilities Director No report E. Public Works No report F. Airport Manager No report G. City Attorney No Report H. Fire Chief No Report I. Police Chief Mayor Keener stated there are some legislative bills for criminal justice we need to pay attention to. No report. J. City Clerk May 9, 2023 City Council | Minutes Page 10 of 12  No report K. City Planner No report L. Development Manager Michele Rambo stated the owner of the house on Bullion has started cleaning up and they will work with him as long as he is making progress. Mayor Keener asked about the pallets. Ms. Rambo said the owner stated he uses them to heat the house. M. Financial Services Director No report N. Parks and Recreation Director No report O. Civil Engineer No report. P. Building Official No report XI. 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 at 5:20 p.m. May 9, 2023 City Council | Minutes Page 11 of 12 Mayor Reece Keener Kelly Wooldridge, City Clerk May 9, 2023 City Council | Minutes Page 12 of 12