Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS June 27, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, June 27, 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 Chip Stone, Councilman Clair Morris, Councilman left at 6:12 p.m. Giovanni Puccinelli, Councilman Absent: Mandy Simons, Councilwoman City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director James Johnston, Fire Chief Jim Kerr, Water Superintendent Lowell Black, Financial Services Director Rick Moore, Police Lieutenant III. PLEDGE OF ALLEGIANCE June 27, 2023 City Council | Minutes Page 1 of 21  V. APPROVAL OF MINUTES A. June 13, 2023 Regular Session The minutes were approved by general consent. 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. VII. PERSONNEL A. Oath and swear in of Deputy Chief Joel Finley Ceremony, and matters related thereto. INFORMATION ONLY - NO ACTION WILL BE TAKEN Mayor Keener called Joel Finley up to the podium and administered the Oath of Office. Deputy Chief Joel Finley thanked everyone for their support. X. NEW BUSINESS B. Review, consideration and possible action to conditionally approve Parcel Map 4-23, filed by the City of Elko, for the division of approximately 11.631 acres into two parcels, located generally north of the intersection of Golf Course Road and College Avenue and south of the intersection of Country Club Drive and Moren Way, and matters related thereto. FOR POSSIBLE ACTION The City of Elko is the applicant of the parcel map, therefore must have City Council approval. The parcel map will create two parcels from the one existing parcel. CL Cathy Laughlin, City Planner, explained a copy of the parcel map was included in the packet. This will create 2 parcels out of one large parcel. Bob Thibault, Civil Engineer, stated he just received the title report for this and he found there was an easement that needed to be added to the map. Mayor Keener said this is the site of the existing Swimming Pool. Casey Gallagher, Boys and Girls Club, said the club is excited about this parcel and it gives them an opportunity to move forward sooner. They took it to their board and the board approved the site. June 27, 2023 City Council | Minutes Page 2 of 21  Mayor Keener opened it up to public comments. Patricia Herrera, 2065 Golf Drive, stated this is new since the last time this was discussed. She remembered Council being told to either go through with this or the Boys and Girls Club will pull out. They lied and they are still here. These jagged lines, this isn't a finished thing, she can't believe something will be passed that has not been done up properly. This is going way too fast and we need to slow down. They won't stop and now they want more green land. Mayor Keener closed public comments. He opened it up for board deliberation and discussion. We have all had a chance to look through this and ask questions in advance. Councilman Morris said he was in favor of going forward with the project. Mayor Keener said this has been in the works for a while. At first it was supposed to be located across from Flagview School in the Herrera Fields but that is not feasible at this time. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to conditionally approve Parcel Map 4-23 with the condition that it be recorded within 2 years from approval, as presented today. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of a contract of purchase and sale of public property for construction and operation of a recreation center to the Boys & Girls Clubs of Elko, Inc., and matters related thereto. FOR POSSIBLE ACTION At the December 13, 2022 city council meeting, Council directed Staff to initiate the conveyance of land for the aquatics/recreation center and the events center to the Boys and Girls Club of Elko. At the May 25, 2023 City Council meeting staff was directed to look at alternative sites for the Recreation Center in conjunction with the Boys and Girls Club of Elko on the east side of Golf Course Road. The attached contract is for the conveyance of land on the east side of Golf Course Road to the Boys and Girls Club of Elko. The outline of the land being conveyed is enclosed in the packet. This conveyance does not include the current pool which the city is operating. After discussion with the Boys and Girls Club of Elko the design for indoor portion of the proposed Recreation Center will fit on the land being conveyed and provide for sufficient parking. This will allow the current pool to remain open while construction on the new recreation center is being built. JB Jan Baum, City Manager, went over the agreement. This is the contract for the conveyance and not the actual conveyance. That will happen at closing. Some things need to happen before the closing can happen. There are two years in the agreement to get those things done before closing. There are two years allowed for construction from the date of closing. There are also reversionary provisions. Mayor Keener said he went through the document. June 27, 2023 City Council | Minutes Page 3 of 21  Dave Stanton, City Attorney, said this document gives us the authority to open an escrow and proceed towards closing. The conveyance to the Boys and Girls Club will happen at closing, and that will be sometime in the future. He clarified the reversionary provisions and explained the difference between a Quit Claim vs. Grant, Bargain and Sale Deed. Councilman Stone stated he spent some time with Dave going over details. He was good with this contract. Councilman Puccinelli was good because we need a pool. As mentioned in a prior meeting, chances are, one of those fields can stay where it is. He liked that. Mayor Keener called for public comments. Patricia Herrera, 2065 Golf Drive, asked, you start construction on the opposite corner to build a pool. What will happen to the existing pool? Ms. Baum answered that decision will be made once the new pool is completed. A few meetings ago we gave a presentation as to why we moved the pool to this area. Councilman Puccinelli explained one of the Herrera fields may be able to stay. Councilman Morris said he was good on this. We need to start moving forward. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the contract of purchase and sale of public property for construction and operation of a recreation center to the Boys and Girls Clubs of Elko, Inc. and gives staff the authority to replace the Quit Claim Deed with a Grant, Bargain and Sale Deed if required by the Title Company. The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of a contract of purchase and sale of public property for construction and operation of events center to the Boys & Girls Clubs of Elko, Inc., and matters related thereto. FOR POSSIBLE ACTION At the December 13, 2022 City Council meeting, Council directed Staff to initiate the conveyance of land for the aquatics/recreation center and the events center to the Boys and Girls Club of Elko. The attached contract is for the conveyance of land for the events center. The outline of the land being conveyed is enclosed in the packet. As stated in the contract, the conveyance of the land will not close until any encumbrances are cleared. JB Mayor Keener said he felt it is important to have a full board for this item. At the time it was put on the agenda, we thought we had a June 30 deadline. He suggested tabling this for the next meeting or a special meeting. June 27, 2023 City Council | Minutes Page 4 of 21  Councilman Stone said he will vote against this. That is not the location we should put this property. If we vote on this today, you know where this vote will go. Councilman Puccinelli said it is not a bad idea to have everyone here. He is for moving this item. There will be a lot of discussion about this. Councilman Morris said he doesn't have a problem with moving this and tabling. He is in favor of this project. It will be an improvement for the City. A motion was made by Councilman Puccinelli, to table this item to the next meeting. Councilman Stone asked what will happen if someone isn't at the next meeting? Dave Stanton, City Attorney, stated the meeting could be tabled again. We have done that before. The motion was rescinded. Gayle Christean said he recently went down to the ball field in McGill. It was built by Kennicott Copper. They have done modifications to it to keep playing ball on that field. They recognize history in McGill. He feels strongly that way about these ball fields. He appreciates Council stepping back and talking about it more. You need to back up and think about it because it has been in this community 70 years. Begonia Hall said she has some concerns because this road leads to her home. If you have something that will seat 7,000, how many parking spaces are required. The parking lot construction and liability will be borne by the City. She would like to have a traffic study done. If you close that road that people take to Headstart, how will that effect everyone. Cathy Laughlin, City Planner, said a traffic study will be conducted and we do not plan to close the road. After bringing up the City Code on the overhead screen, she said Stadiums or Outdoor Sports Arenas are 1 per 5 seats plus one per each 2 employees on the shift. Ms. Hall asked who will be responsible for the parking lot. Patricia Herrera asked about the other fields that were supposed to be put up on the other side of town. Ms. Baum answered we decided to put the Sports Complex Phase 2 project on hold until we determined what we need to do with the encumbrances on the Herrera Fields. Ms. Herrera asked if you vote on moving forward, then the Sports Complex project will automatically go into effect. Ms. Baum answered we are starting to speculate into the future, past this motion. The building of those fields would happen if the encumbrance on the Herrera Fields was able to be converted, which is something we would have to get approved by the Department of the Interior. If those things in this contract were to be cleared, then those fields would be constructed. June 27, 2023 City Council | Minutes Page 5 of 21  Ms. Herrera asked if the existing ballfields will not be touched until 5 safe ballfields are constructed over there. Mayor Keener answered that will be the plan. We have to have a place for ball play. Casey Gallagher said they were going to ask for an amendment. They would like the reversionary clock to start once the new facilities are completed. It is our intention to have the second phase of the Sports Complex completed before they begin construction on the Event Center. Dave Stanton said if you table it, it comes back as it is tonight. If we are going to make a revision to the document, as requested by the Boys and Girls Club, then it is a new document. He felt we needed no action and then a new document will be on the agenda. NO ACTION XI. RESOLUTION AND ORDINANCE B. Review, consideration, and possible approval of Resolution No. 12-23, a Resolution providing for the transfer of the City's 2023 Private Activity Bond Cap to the Nevada Rural Housing Authority, and matters related thereto. FOR POSSIBLE ACTION The Nevada Rural Housing Authority is requesting the City's allocation of the bonds for the purpose of providing a means of financing the costs of single family residential housing that will provide decent, safe and sanitary dwellings at affordable prices for persons of low and moderate income. A request letter from Nevada Rural Housing Authority, a progress report, and Resolution No. 12-23 have been enclosed in the agenda packet for review. KW Kelly Wooldridge, City Clerk, stated someone was present from Nevada Rural Housing Authority. Diane Arvizo, Director of Home Ownership Programs for Nevada Rural Housing Authority, explained what they do with the bond cap and the programs they have available. Mayor Keener said this is a great program. He supported the transfer. Councilman Stone thanked her for this. Councilman Puccinelli liked the program too. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve Resolution No. 12-23 to transfer the City's 2023 Private Activity Bond Cap to the Nevada Rural Housing Authority. The motion passed unanimously. (4-0) June 27, 2023 City Council | Minutes Page 6 of 21  VI. CONSENT AGENDA A. Review, consideration, and possible approval of the Full-Time Code Enforcement position description, and matters related thereto. FOR POSSIBLE ACTION The Code Enforcement position was approved from a part-time position to a full-time position in the FY 2023-2024 Budget. The position description has been updated with minor revisions to accurately reflect the full-time status, duties and requirements of the position. SS B. Review, consideration, and possible approval of a position description for Development Manager, and matters related thereto. FOR POSSIBLE ACTION The Development Manager position description has been updated with minor revisions to accurately reflect the duties and requirements of the position. SS ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the consent agenda. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) A. Review, consideration, and possible approval of a three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The current Transportation Services Agreement between SkyWest Airlines and the City of Elko expires on June 30, 2023. Airplanners LLC has been negotiating a successor Agreement on behalf of the City of Elko, which effectively extends key provisions of the current Agreement through September 30, 2023, with a revised maximum liability of $369,564. The three (3) month extension reflects one (1) daily flight to Elko on a midday turn from Salt Lake City to and from Delta's prime east and westbound banks. A copy of the Draft Agreement is enclosed in the agenda packet for review. JB Jan Baum, City Manager, explained we have gone through this several quarters in a row. Bill Tomcich and Matt Skinner from Airplanners are both online. Bill Tomcich, Airplanners, said it is great to see everyone. There is one little correction to the agreement. Skywest will have some additional resources starting in September. They have made the decision to change the schedule back to the overnight schedule, with an evening inbound and a morning return. That will allow for a better schedule. Mayor Keener felt that was fantastic news. Ms. Baum asked if that would be a long-term change or how long they anticipate doing that. June 27, 2023 City Council | Minutes Page 7 of 21  Mr. Tomcich answered it is anticipated to be a long-term change. Ms. Baum said if Council wants to approve this, then there needs to be a wording change effective September 5th. Mayor Keener noted the agreement says specifically, the CRJ200. Should that be changed too? Mr. Tomcich answered we can ask them about that. It is unlikely that will change will happen until the 4th quarter. Jim Foster, Airport Manager, stated we are anticipating the aircraft upgrade sometime in October. Councilman Morris said he was good with the agreement. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko, to reflect the new schedule change effective September 5, 2023. The motion passed unanimously. (4-0) G. Review, consideration, and possible approval for the City of Elko to form and participate in the governing and operation of Flight Alliance of Northeastern Nevada (FANN), a Nevada nonprofit corporation, for the purpose of promoting and assisting commercial air service at the Elko Regional Airport, and matters related thereto. FOR POSSIBLE ACTION City of Elko and Elko County Staff have been working together to form a new Nevada nonprofit corporation under NRS Chapter 82 to bring together public and private organizations and businesses to contribute expertise and funding for marketing and minimum revenue guarantee expenses to support commercial air service into Elko Regional Airport. The proposed name of the organization is Flight Alliance of Northeastern Nevada (FANN). Staff also proposes to have the City Attorney organize and serve as the registered agent of FANN, and file the required formational documents with the Nevada Secretary of State. As part of this process, FANN will need to designate officers (including a President, Secretary and Treasurer) and Directors/Trustees. For the initial filing, Staff is requesting Council’s authorization to work with County Staff to designate City and County representatives to serve as officers, and to designate the City of Elko and the County of Elko, or their representatives, to serve as Directors/Trustees. The officer and Director/Trustee positions may be changed over time. Further details will be set forth in the by-laws, which are still being developed. JB Jan Baum, City Manager, explained we have discussed this several times. The agreement with the airline that we just approved, is not sustainable over a long period of time. We need to partner with June 27, 2023 City Council | Minutes Page 8 of 21  other organizations in and around our catchment area to promote the commercial airlines. This is the first step in creating the non-profit organization. Mayor Keener asked if we get participation from surrounding counties, they will be able to serve on the board? Ms. Baum answered yes. Councilman Stone asked if this would help create opportunities for charter possibilities. Mr. Tomcich answered yes. Once you create that funding source, you will create a funding source for all sorts of aviation opportunities. The sky is the limit. He introduced Matt Skinner. Matt Skinner, Airplanners, said it is great to meet everybody. This is an area we have experience with. The funding organizations help on a number of levels and provide a central rallying point for air service in the region. This is a great move. We had some struggles getting the name together but we are moving forward. Mayor Keener called for public comments. Scott Gavorsky, 878 2nd Street, asked if anyone has approached the various tribal communities about joining in with this? Mayor Keener thanked him for that suggestion. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to authorize City Staff to perform all acts needed to form a Nevada nonprofit corporation named "Flight Alliance of Northeastern Nevada," and to work with Elko County Staff to complete and file the necessary formational documents with the Secretary of State, including the designation of officers and Directors/Trustees. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE (Cont.) A. Review, consideration and possible action to adopt Resolution No. 08-23, a resolution finding that the conveyance of City-owned property located at 1204 Ruby Vista Drive to Committee Against Domestic Violence is in the best interest of the City, approving the Real Estate Conveyance Agreement, and matters related thereto. FOR POSSIBLE ACTION The Committee Against Domestic Violence has been leasing the subject property since May 1991. The conveyance of the land, instead of leasing, will provide the CADV more opportunities for grant funding. CL Cathy Laughlin, City Planner, explained this is something the NRS allows us to do because CADV is a non-profit organization. In the packet, you see there is a reversionary clause in the agreement. June 27, 2023 City Council | Minutes Page 9 of 21  Members of CADV were present. She recommended the ratification of Jan Baum's signature on the agreement. Mayor Keener said he discussed some of the difficulties CADV has had in securing grants because they don't own the land. They are performing a vital need in the community. He called for public comments. Deena Hutt, CADV, said she is the new director for the facility. She thanked Council for considering this. She went over statistics for the last year. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve Resolution No. 08-23 and direct staff to continue with the conveyance process, and the ratification of Jan Baum's signature dated 6/13/2023. The motion passed unanimously. (4-0) BREAK XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 884, an ordinance adopting a change in zoning district boundaries from C - General Commercial to IC - Industrial Commercial for APN 001-560-099 and processed as Rezone 1-23, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on June 6, 2022 and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 884 on June 13, 2023, and set the matter for second reading and public hearing. CL Cathy Laughlin, City Planner, explained this is at the corner of 30th Street and Manzanita. No comments have come into the office since first reading. She recommended approval. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to conduct Second Reading, public hearing and adopt Ordinance No. 884. The motion passed unanimously. (4-0) B. Second reading, public hearing, and possible adoption of Ordinance No. 885, an ordinance adopting a change in zoning district boundaries from AG- Agricultural and RMH – Residential Mobile Home to PQP – Public, Quasi-Public, approximately 12.823 acres of property owned by the City of Elko and processed as Rezone 2-23, and matters related thereto. FOR POSSIBLE ACTION June 27, 2023 City Council | Minutes Page 10 of 21  The Planning Commission held a public hearing on June 6, 2022 and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 885 on June 13, 2023, and set the matter for second reading and public hearing. CL Ms. Laughlin explained this is the Sports Complex off Errecart and Bullion Road. We just approved a parcel map. This is a housekeeping item that changes multiple zoning on one parcel to one. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to conduct Second Reading, public hearing and adopt Ordinance No. 885. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) E. Review, consideration, and possible approval to participate in the Elko Geothermal System Upgrades, and matters related thereto. FOR POSSIBLE ACTION The current geothermal loop has not been operational for several years. Annette Kerr with the ECVA brought it to the attention of several possible geothermal users that there could be federal infrastructure funds available to assist with the engineering and upgrading of the current geothermal loop. The first step in upgrading the geothermal loop is to contract with engineers to determine equipment and services needed to upgrade the current system. The city currently has City Hall and the pool on the geothermal loop. Since the new recreation center will be owned by the Boys and Girls Club of Elko the only remaining property the city would have on the geothermal loop is City Hall. The Elko County School District asked Petty & Associates to give another proposal for the geothermal loop engineering services which would include City Hall. The portion of the engineering that would be for the geothermal branch to City Hall is $47,350. Once the engineering is complete there will be construction costs to update the infrastructure, which will likely be several million dollars between any entities involved. City staff is asking City Council if this is a project council would like the city to participate in. JB Jan Baum, City Manager, said we did meet and the percentage that could be reimbursed is 45- of the engineering and construction costs, if the grant is awarded. We asked for a proposal to include City Hall. Annette Kerr, ECVA, said there is another piece to this, the Eide Bailey agreement. All they got were estimates for the engineering. In 2014, the estimated costs to complete the loop was $9 million. The loop may have changed. The well is fine but the number of users on the loop can be a problem. Eide Bailey approached her and they discussed efficiency upgrades. They have a group that goes out and handles the grant work for the upgrades. There is $1.2 trillion available for these upgrades. The ECVA decided not to opt in at this time due to the cost. June 27, 2023 City Council | Minutes Page 11 of 21  Mayor Keener stated he had not heard that the well was compromised by the number of users. Ms. Kerr clarified that according to Rusty Bahr, since he has been doing a lot of the research on this, he indicated the well seems to be fine but at one time in the past, if there are a lot of users on that well, it cannot keep up with the demand. Some of the problems the ECVA had in the past was because a lot of houses and businesses were on that well and there was a problem keeping up. The well should be fine but you have to take into consideration how many users are on it. Councilman Stone said in the past the college was involved but they have dropped it. Do we want to spend the money to bring it here when we will need to move at some point? It is a huge amount of money to get it here. Mayor Keener said this needs to be an economic decision if we are going to pursue it. He did not support it at this time. Councilman Puccinelli said it will benefit us but not economically at this time. Ms. Kerr said in order to get a portion of that grant funding, Eide Bailey submitted a letter requesting $7,500 for the first quarter in order to pursue to additional funding for retrofits or just helping out to get those grant funds. This is tricky to navigate to get the federal dollars. That would be in addition to the engineering costs. There would be a separate engagement letter from the School District and the Recreation Center. Ms. Baum said if ECVA will not participate, if our portion will increase? Ms. Kerr said those numbers were proportioned out between different users on the loop. Mayor Keener was sure the engineering will have add-ons. Ms. Baum added we have a new boiler for this building in the budget for this year. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to not participate in the Elko Geothermal System Upgrade. The motion passed unanimously. (4-0) I. Review, consideration, and possible authorization for the city to install public utilities and public road improvements, dependent upon funding, beginning FY 25 on Jennings Way and Rocky Road, in support of the Veterans Administration Cemetery, and matters related thereto. FOR POSSIBLE ACTION The Veterans Administration (VA) is proposing a VA Cemetery located near the intersection of Jennings Way and Rocky Road. The VA requested an exemption to install public June 27, 2023 City Council | Minutes Page 12 of 21  improvements and conformance to the fire code. The Council denied that exemption request at its meeting on November 8, 2022. The main ingress to the cemetery will be from Jennings Way. The improvements the city would fund include the following: • 488 lineal feet of Right-of-Way on Jennings Way fronting the VA Parcel with the remainder of the Right-of-Way across property owned by the Bureau of Land Management. • 353 lineal feet of Right-of-way on Rocky Road fronting the VA parcel with the remainder of the Right-of-Way across property owned by the City. The improvements that may be funded by other development or the city in the future include the following: • 1,684 lineal feet of Right-of-Way beginning at the intersection of Montrose Lane and Jennings Way continuing to the end of the Jennings Way Right-of-Way fronting the VA parcel. • 1,015 lineal feet of Right-of-Way beginning at the intersection of Rocky Road and Wright Way continuing to the end of the Rocky Road Right-of-Way fronting the VA parcel. If authorized, the city would be responsible for some or all city utility extensions and roadway improvements, beginning FY 25, for the VA frontage and any other offsite improvements the city may construct. These improvements would be funded through the Capital Construction Fund. City utilities cannot be extended within the BLM Right-of-Way until the Right-of-Way is amended to include utility installation. SAW Scott Wilkinson, Assistant City Manager, indicated on the overhead screen, where the VA frontage is. We have had a lot of discussion with the VA that their stand is that they cannot do public improvements off property. They took a hard position that they will not do any public improvements. This is unique because it is a VA cemetery. He was asking the City to take on the public improvements when funding is available. It would be a shame to have a VA Cemetery and travel over washboard, pot-holed dirt road to get to the entrance of it. As a community, it would be a good idea to consider what is presented tonight and see how this plays out. He felt we should take the position of supporting the VA Cemetery and if we can afford to do something, then we commit to some pavement. Mayor Keener said this will be developed to a suburban residential standard, no curb, gutter or sidewalk. Mr. Wilkinson said he is looking for a 30 ft. wide strip of asphalt. That would allow for utilities to be placed in the roadway, outside of the asphalt. It is a good area for residential development. Mayor Keener stated it is disappointing they don't want to conform with our development requirements. Mr. Wilkinson said he finds that typical with the Federal Government. We've had that issue with the BLM too. June 27, 2023 City Council | Minutes Page 13 of 21  Mayor Keener thought it was the right thing to do and called for public comments. Lee Hoffman, 1085 Barrington Ave., asked if you are going to spend $300,000 at some point, what is the timing. Will it displace some other items in the capital plan, and what item will it displace? Mayor Keener stated that was fiscal year 2025. Mr. Wilkinson answered we would be in a new budget cycle at that time. The timing would be related to when the VA moves forward with their project. We are still in the process of getting a CUP approved. It is late in the season to start the project at this time. It would not impact anything in this budget at all. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli for authorization for the City to install public utilities and public road improvements, dependent upon funding, beginning FY 25 on Jennings Way and Rocky Road, in support of the Veterans Administrations Cemetery. The motion passed unanimously. (4-0) Councilman Morris left at 6:12 p.m. VIII. APPROPRIATION A. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the general warrants in the amount of $1,001,271.83. The motion passed unanimously. (3-0) B. Review and possible ratification of General Hand-Cut Warrants, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the hand-cut checks in the amount of $110,057.75. 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 Puccinelli, seconded by Council Member Stone to approve the utility refunds in the amount of $589.04. June 27, 2023 City Council | Minutes Page 14 of 21  The motion passed unanimously. (3-0) D. Review, consideration, and possible issuance of final acceptance for the WRF Digester Improvements and Boiler Upgrade Project, and matters related thereto. FOR POSSIBLE ACTION S & S Mechanical has substantiality completed the WRF Digester Improvements and Boiler Upgrade Project. There were seven change orders totaling $37,223.46. With these additions, the total project cost was $683,223.46. Staff recommends the issuance of final acceptance. DJ Mike Haddenham, WRF Superintendent, explained he would like to have this accepted by Council. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve issue final acceptance, with change order in the amount of $37,223.46, for a total project cost of $683,223.46. The motion passed unanimously. (3-0) IX. UNFINISHED BUSINESS A. Review and consideration of the bills passed in the 2023 Legislative session that could potentially effect the City of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM The 82nd (2023 ) Legislative Session adjourned sine die on June 6, 2023. The 34th (2023) Special Session began on June 6, 2023 and adjourned sine die on June 6, 2023 at 11:23 p.m. The 35th (2023) Special Session began on June 7, 2023 and adjourned sine die on June 14, 2023 at 6:11 p.m. KW Kelly Wooldridge, City Clerk, explained most of the election bills that would be troublesome, the governor vetoed. On the first prevailing wage bill, that one is mostly on the contractors and we will have to watch it when we review the prevailing wages, but there isn't much we need to do. On AB213 for Planning, the only change we will see is that we will now have to start putting applications for new subdivisions on the website monthly and send an annual report to the State. There were some changes on Open Meeting Law but it is not things that normally happen in our meetings. Another Public Works one will need legal to take a look at it. AB519 passed and the County raised our property taxes. The OHV bills passed but they didn't mean much by the time they were amended. Another Open Meeting Law regarding public comment that we already do anyway. AB58 Air Service that was already discussed tonight, with the group being put together. Apprentices changed a little bit so the forms will change a little bit and we will have to keep an eye on it. The deadlines for apprentices changed too. She talked about the business impact statements at the last meeting. She is working on a plan for us to get emails from businesses and what that is going to look like. We must post all our contracts and performance contracts on our website, to include any contracts we may have for minority businesses. June 27, 2023 City Council | Minutes Page 15 of 21  Mayor Keener said there was a mad rush to get everything on the agenda tonight for the conveyances to the Boys and Girls Club but then he heard from Senator Goicoechea earlier today that if you were affected, it would have been as of 6/15/2023 by 11:00 am. Ms. Wooldridge said that was true and apologized. She completed the spreadsheet before she went on vacation but didn't realize it could mean anything for the conveyances until today. Jan Baum, City Manager, said it would not have changed the agenda. Mayor Keener said Senator Goicoechea didn't think the conveyances to the Boys and Girls Club would be affected by that bill. Dave Stanton, City Attorney, agreed that in his opinion, these projects will not be affected. Lee Hoffman, 1085 Barrington, said he had nothing to add about the list. The Elko County Republican Party will hold an event on July 19th at 5:30 pm in the County Commission Chambers. X. NEW BUSINESS (Cont.) F. Review and possible approval for disbursing American Rescue Plan Act (ARPA) lost revenue funds to the following non-profit organizations that were directly impacted by COVID-19: $22,500 – Local Animal Shelter Support Organization (LASSO) and $12,500 – St. Paul’s Episcopal Church in Elko; and matters related thereto. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four categories states “For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.” The ARPA Final rule allowed NEU’s to take a standard Lost Revenue allowance up to $10 million total for the entire period of performance. This revenue allowance can be used for any governmental services. City staff recommends using a portion of the lost revenue allowance for community donations. Staff recommends disbursing American Rescue Plan Act (ARPA) lost revenue funds as follows: $22,500 – Local Animal Shelter Support Organization (LASSO) and $12,500 – St. Paul’s Episcopal Church in Elko. The organizations were directly impacted by COVID-19. Council moved to close the ARPA donations for non-profits and businesses effective June 30, 2023. These will be the final disbursements related to ARPA donations. JB Jan Baum, City Manager, explained we had the St. Paul Episcopal Church application for a few months. We got the LASSO application about a month ago. Both had good applications and showed they were directly impacted by COVID 19. Lee Hoffman said he has no issue with this but he wondered if the funds could be disbursed to a church. June 27, 2023 City Council | Minutes Page 16 of 21  Mayor Keener said they have a pre-school there with paying parents. The school and the church are one in the same. Ms. Baum answered there are three different kinds of organizations the City can give money to: religious organizations; schools; and, non-profit organizations. Dave Stanton, City Attorney, said he has not researched this but he was sure Jan was familiar with the final rule. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve disbursing American Rescue Plan Act (ARPA) lost revenue funds to the following non-profit organizations: $22,500 - Local Animal Shelter Support Organization (LASSO) and $12,500 - St. Paul's Episcopal Church in Elko. The motion passed unanimously. (3-0) H. Review, discussion and consideration of the Ruby View Golf Course Advisory Committee By-Laws, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Committee met on June 9, 2023 and has recommended some minor amendments to their By-Laws. The committee voted unanimously to recommend the following; all eligible committee members shall be residents of the City of Elko and that the number of allowed unexcused absences for meetings be reduced from (4) to (2). A copy of the By-Laws has been included in the packet with the corresponding amendments for Council consideration and approval. JW James Wiley, Parks and Recreation Director, went over the changes. Mayor Keener asked for a typo to be corrected, Article V, Section 9. He called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve and adopt the recommendation from the Ruby View Golf Course Advisory Committee to include the following amendments to their By-Laws; all eligible members shall be residents of the City of Elko and that the number of allowed unexcused absences be reduced from (4) to (2), and correcting the typo in Section 9. The motion passed unanimously. (3-0) XI. RESOLUTION AND ORDINANCE (Cont.) D. Review, consideration, and possible approval of Resolution No. 11-23, a resolution authorizing augmentation of the 2022/2023 Fiscal Year Budget of the General Fund, increasing appropriations by $1,351,070 from $53,738,143 to $55,089,213 to account for June 27, 2023 City Council | Minutes Page 17 of 21  an adjustment from beginning fund balance, pursuant to NRS 354.598005, and matters related thereto. FOR POSSIBLE ACTION The General Fund utilized resources from Beginning Fund Balance as detailed below in the amount of $1,351,070. The funds will be used for ARPA Donation Expenditures (per the City of Elko American Rescue Plan Act Fund Distribution Policy), previously approved but not previously budgeted for. Lowell Black, Financial Services Director, explained we are not going to need this action because it is all being take care of in the budget transfers. NO ACTION C. Review, consideration, and possible approval of Resolution No. 9-23, a resolution providing for the transfer of appropriations between accounts within the City of Elko 2022/2023 Fiscal Budget pursuant to N.R.S. 354.598005, and matters related thereto. FOR POSSIBLE ACTION This is the annual year-end housekeeping item to transfer funds between functions, and funds as required to fund all budgetary changes that occurred during the fiscal year. LB Mr. Black passed out a copy of the adjustments they will be making on the budgets and went over the proposed transfers. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve Resolution No. 9-23, a resolution providing for the transfer of appropriations between accounts within the City of Elko 2022/2023 Fiscal Budget pursuant to NRS 354.598005. The motion passed unanimously. (3-0) XIII. REPORTS A. Mayor and City Council Mayor reported on the Nevada League of Cities meeting August 8-11 in Las Vegas. The 8th is Council Meeting day but he will have to see about the logistics of getting there. He had the opportunity, along with Chief Trouten, to address the VFW State Convention that was held here. We have the Silver State Stampede coming up in July. The Legislative update summary will be on July 19. He felt it would be best to hold a special meeting regarding the land transfer. He asked what things are looking like in July? Jan Baum answered she didn't have a lot of items for the next agenda. Scott Wilkinson agreed July may be light. Mayor Keener thought then we could hold this on the next regular Council Meeting. June 27, 2023 City Council | Minutes Page 18 of 21  Kelly Wooldridge said we may have something on the Punch Bowl but it won't be a hearing and should go fast. Mayor Keener added that he would like it put at the beginning of the next meeting so people coming to the meeting would know to be here at the beginning of the meeting. He felt it was too much to hear tonight and it was the right thing to do to move that to another meeting. B. City Manager Jan Baum wanted to give a shout out to Bob Thibault and Scott Wilkinson. There has been a rush to get this all out and completed by June 30th. It will be a good thing because now the pool can move forward. She also thanked Kelly Wooldridge for her work on the legislative update. Mayor Keener asked if a meeting request had been sent out for the Union Pacific Railroad. Ms. Baum answered she sent it out for tomorrow at 9:00 a.m. C. Assistant City Manager No report. D. Utilities Director Jim Kerr said it is leak season and we are all on water restrictions. We are working through the Well 24 rehab project and we have identified some issues we are addressing. Mayor Keener asked about the water report but Jim stated Dale Johnson put that report together and it would be best to talk to him about it. E. Public Works Director F. Airport Manager Mayor Keener asked about some sandblasting payments on the warrants. Jim Foster answered that was part of the repainting they did on the runway. G. City Attorney No report. H. Fire Chief No report. June 27, 2023 City Council | Minutes Page 19 of 21  I. Police Chief No report. J. City Clerk Kelly Wooldridge had no report but volunteered to remind the Mayor about signing documents in the morning. Diann Byington reported she has a new granddaughter. K. City Planner Cathy Laughlin reported about the Master Plan Park Amendment. There will be a booth set up in Art in the Park for people to help fill out a survey for the consultant. The Stampede has taken over the 4th of July Celebration Parade from the Basque Festival. That parade will be this Saturday, July 1st. L. Development Manager M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported he arranged for mosquito abatement on the 1st. PSA's went out yesterday. We are also informing our beekeepers. Next year we will be changing things up and going after the larva. This is the last time we will be using this vendor since he is retiring. O. Civil Engineer No report. P. Building Official Absent. XIV. 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 Lynn Hoffman, 1085 Barrington, asked for a clarification of the ARPA money that went to the church. She thought it was going to a pre-school but it looks like it went to the church. June 27, 2023 City Council | Minutes Page 20 of 21  Jan Baum clarified the application did not refer to the school. It showed a decrease in gross revenue from 2019 to 2020 and 2021. Lee Hoffman, 1085 Barrington, said he understood that the beekeepers were notified of the spraying. He hoped it doesn't further impact the hives. We finally got rid of the plastic barriers; it is time to take the stickers off the floor that tell us to social distance. There being no further business, Mayor Reece Keener adjourned the meeting at 7:10 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk June 27, 2023 City Council | Minutes Page 21 of 21