Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS August 8, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, August 8, 2023. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Pro Tempore Mandy Simons. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Reece Keener, Mayor City Staff Present: Diann Byington, City Clerk Technician II Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director Lowell Black, Financial Services Director Jan Baum, City Manager III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC August 8, 2023 City Council | Minutes Page 1 of 12  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. 7-25-2023 Regular Session The minutes were approved by general consent. XI. RESOLUTION AND ORDINANCE A. First Reading of Ordinance No. 883, an ordinance amending Title 5 Chapter 3: "Animals and Fowl", and matters related thereto. FOR POSSIBLE ACTION Council initiated Ordinance No. 883 on April 25, 2023. Ordinance No. 883 includes changes that amend the definitions, changes the length of stay for impounded animals, as well as makes other necessary revisions. Staff is requesting a first reading be completed again due to a substantial change being made in the ordinance on page 16 section 5-3-14-G changing the "shall" to "may" regarding court orders on dangerous or vicious animals. KW Kelly Wooldridge, City Clerk, explained she had another change to add to this. She wanted to add the definition of a day. Scott Wilkinson, Assistant City Manager, stated we want to take our time for that and wait until the next revision before we put that in. Alyssa Mangum, Animal Shelter Manager, stated she didn't think it was a big deal to change the shall to may. If we change it to may, it puts it in the court's discretion to determine if the animal is vicious. Mayor Pro Tem Simons called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to conduct first reading of Ordinance No. 883 and direct City staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (4-0) VI. PRESENTATION A. Update on Elko Inn located at 837 Idaho Street, concerning recent complaints, and matters related thereto. INFORMATION ONLY-NON ACTION ITEM August 8, 2023 City Council | Minutes Page 2 of 12  The City of Elko has received and investigated many complaints from neighboring residents and businesses, as well as law enforcement, regarding the Elko Inn at 837 Idaho Street beginning in June of 2022. City Staff has conducted numerous inspections of the property and notified the property owner of numerous code violations. As a result, several code violations have been addressed over an extended period of time. Staff provided its last update to the Council on July 25, 2023. It appears the property continues to be poorly managed allowing a transient population to create potential public safety issues and place an undue burden on the city’s public safety resources. Code enforcement has received several public complaints regarding public safety concerns in relation to the Elko Inn. In conformance with Title 5 Chapter 1, Staff filed the complaints with the Clerk’s office for consideration of a public nuisance investigation by the City Manager’s office. In conformance with Title 5 Chapter 1, the City Manager has assigned Staff to investigate the matter. The investigation is ongoing. KG Kurstin Greenlund, Code Enforcement, explained the investigation has been completed. The City Manager did agree that the issues at the Elko Inn have risen to the level of a public nuisance. Everything has been turned over to legal for processing. Mayor Pro Tem Simons asked Mr. Stanton when we would hear something back on this. Dave Stanton, City Attorney, answered he spoke with Michael about this. He is preparing an amended complaint. There has been some criminal activity. It should be completed by the end of the week. VII. CONSENT AGENDA A. Possible approval to direct Staff to advertise for one (1) vacant seat on the California Trail Advisory Board, and matters related thereto. FOR POSSIBLE ACTION California Trail Advisory Board Member Michele Rambo has relocated from the Elko area and is unable to serve on the Board. Staff is requesting authorization from the Council to advertise for one vacant seat. SAW B. Review, consideration, and possible action to reappoint Parks and Recreation Advisory Board members Fred Beitia, Lynette Davis, and Danny Story to an additional four-year term to expire on June 30, 2027, and matters related thereto. FOR POSSIBLE ACTION Fred Beitia, Lynette Davis and Danny Story's terms expired on June 30, 2023. Pursuant to Parks and Recreation Advisory Board By-Laws, members shall be eligible for reappointment and the terms shall be four years through June 30, 2027 or until his/her successor takes office. All three members have indicated an interest to continue serving on the Parks and Recreation Advisory Board. JW C. Review, consideration, and possible authorization to advertise for interested persons to serve on the Parks and Recreation Advisory Board, and matters related thereto. FOR POSSIBLE ACTION August 8, 2023 City Council | Minutes Page 3 of 12  By-Laws for the Parks and Recreation Advisory Board state that the Board shall consist of nine members. The Board currently operates with eight members and needs to fill the one remaining seat due to the resignation of Katie Neddenriep. JW ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the consent agenda. The motion passed unanimously. (4-0) VIII. PERSONNEL A. Employee Introductions: 1) William (Bill) Jones Jr., Mechanic II, Fleet Department Present and introduced. B. Review, consideration, and possible approval of revisions to “Chapter 3 Employment” of the City of Elko Human Resources Personnel Policy Manual, and matters related thereto. FOR POSSIBLE ACTION POOL/PACT released updated sample policies in July 2023, and we are presenting the suggested revisions for Council approval. Revisions to “Chapter 3 Employment,” are included in the agenda packet, with any significant changes highlighted for reference. SS Susie Shurtz, Human Resources Manager, explained this is the next couple of chapters in our manual. The changes are highlighted on the attached document. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the revisions to the City of Elko Human Resources Personnel Policy Manual, "Chapter 3 Employment," as presented. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of revisions to “Chapter 4 Position Classification Plan” of the City of Elko Human Resources Personnel Policy Manual, and matters related thereto. FOR POSSIBLE ACTION POOL/PACT released updated sample policies in July 2023, and we are presenting the suggested revisions for Council approval. Revisions to “Chapter 4 Position Classification Plan,” are included in the agenda packet, with any significant changes highlighted for reference. SS Ms. Shurtz explained this only has minor changes. August 8, 2023 City Council | Minutes Page 4 of 12  ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the revisions to the City of Elko Human Resources Personnel Policy Manual, "Chapter 4 Position Classification Plan," as presented. The motion passed unanimously. (4-0) IX. APPROPRIATION A. Possible approval and/or Ratification of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the regular warrants FY 2023, in the amount of $79,459.73. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the hand-cut checks FY 2023, in the amount of $381,953.06. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the regular warrants FY 2024, in the amount of $317,307.79. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the hand-cut checks FY 2024, in the amount of $131,699.34. The motion passed unanimously. (4-0) B. Review, consideration, and possible approval of contributing $5,000 to the Ruby Mountain Balloon Festival out of the Recreation Fund, and matters related thereto. FOR POSSIBLE ACTION The Ruby Mountain Balloon Festival requested a $5,000 donation from the City of Elko during the Fiscal Year 2024 Budget Process. Per NRS 268.028 governing bodies of a city may expend money for any purpose that will provide a substantial benefit to the inhabitants of the city. Except as otherwise provided in subsection 4, the governing body may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for a selected purpose. The Ruby Mountain Balloon Festival does perform some educational services but was not created for an educational purpose. Because this donation does not meet NRS 268.028 requirements the donation was August 8, 2023 City Council | Minutes Page 5 of 12  taken out of the General Fund budget. The contribution would be a qualified expenditure out of the Recreation Fund if City Council approves the expenditure. JB Lowell Black, Financial Services Director, explained in our initial budget process, we know this process was not created for a purpose that would allow it to be supported from the general fund donations. It was moved to the 2024 budget because of that. It has come up again because it may be possible for it to be paid out of our Recreation Fund. We did consult with the City Attorney on the matter and he indicated in some circumstances we can pay these out of the Recreation Fund so long as it has to do with the facilities. The definitions aren't great to clearly define the activity and how it would fulfill that purpose. It has not been budgeted for in the Recreation Fund and if approved, we would have to adjust the fund for it. Mayor Pro Tem Simons noted staff had some issue with this. Councilman Morris asked what they use the money for. Gil McCoy, 497 Gypsum Drive, said we buy coats for the pilots and provide dinner for the pilots. We do go to the schools and provide a program for them. This is for September 22, 23 and 24th. Scott Wilkinson, Assistant City Manager, said one concern was we really don't have any guidelines to assist the Council on these donation requests. If Council moves forward, then staff needs to spend some time on guidelines for the Council to consider going forward. We don't want to open up the floodgates. Dave Stanton, City Attorney, said the City is limited on what it can use money for and who it can donate money to. NRS is very specific on that. The City also has some leeway when funding recreational facilities. In terms of handing the money over to an organization to use however it wants, is limited. The closest one we have is for funding recreational facilities. Kelly Wooldridge, City Clerk, said since we do the room tax in the Clerk's Office, if we open the floodgates on this, we will need some parameters on it and decide who will be managing it? Just last week, she was talking to the Parks Supervisor and there was some graffiti in the parks. There will be an insurance claims on Sani huts that were ruined with a fire on our property. If this is going towards our recreational facilities, how will we manage it? Mayor Pro Tem Simons said she understood the concern. We need to be careful going forward. As much as we want to help the balloon festival, this is the public's money. We need to set some parameters. This may not be as cut and dry as we think. It may set a precedence. Councilman Morris didn't think we were set up for this donation. If we are going to do this, we need to set it up appropriately and then do it. Councilman Puccinelli agreed with that. There are a lot of non-profit groups that will come to us if things are not set up and defined. August 8, 2023 City Council | Minutes Page 6 of 12  Councilman Stone said he would abstain because he does have a small pecuniary interest in this. What is confusing to people is there was some ARPA money and it was used to support some groups. He wanted us to be able to help these groups. Councilman Puccinelli said he is not saying no but the way it has been presented, it is too open. Mr. Stanton asked if Council could benefit from some sort of guidance document on donations and contributions to non-profit organizations out of the general and recreation fund. Mayor Pro Tem Simons felt that would be very helpful. It doesn't look like we are headed in the direction the balloon festival wanted. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to direct staff to come up with some parameters on how we would do these donations in the future so we can be standardized and have some guidelines rather than just giving them money to do what they feel appropriate to do for their event, and that we are denying the $5,000 to the Balloon Festival. The motion passed. (3-0 Councilman Stone abstained.) X. NEW BUSINESS A. Review, consideration, and possible approval to sell a portion of APN 001-630-103, approximately .336 acres, pursuant to NRS 268.061 or NRS 268.062, city owned property located adjacent to APN 001-630-100, and authorization to Staff to obtain the required appraisal, and matters related thereto. FOR POSSIBLE ACTION Staff has received a request from Asilia Elko, LLC., to purchase a portion of city owned property adjacent to property they purchased on July 13, 2023, referred to as APN 001-630- 100. The City of Elko granted an access easement to the previous property owner on July 12, 2023 recorded as document 821723. The proposed area requested to purchase is equal to the area in which the access easement was granted. NRS 268.061 1. (e) allows the governing body to sell property owned by the City to any person(s) who owns property adjacent to such property without offering it to the public if the governing body determines, by resolution, that the sale will be in the best interest of the City, and the property is a parcel that is too small to establish an economically viable use by anyone else. NRS 268.062 allows for the sale of any real property at auction after adopting a resolution declaring its intention to sell the property at auction. City Council must determine if the property is economically viable to anyone other than the adjacent property owner. CL August 8, 2023 City Council | Minutes Page 7 of 12  Cathy Laughlin, City Planner, explained both NRS statutes are in there because we need to determine which NRS we will use to sell the property. This property is off Silver Street. It was purchased on July 13. We granted an access easement to the previous owner. Now the new owner is asking to purchase that small area of land. In the packet is the exhibit and the application from Asilia, Elko, LLC. Mayor Pro Tem Simons asked if need to make a resolution. Ms. Laughlin answered what the finding needs to be and then approve to sell this sliver of land without going to auction. Scott Wilkinson, Assistant City Manager, added there is an access easement through the property and a power line easement. Mayor Pro Tem Simons asked if we needed to make those determinations first and then another motion for selling it? Ms. Laughlin answered with those determinations, it would not go to auction. ** A motion was made by Council Member Stone, seconded by Council Member Morris to authorize Staff to obtain the required appraisal for the proposed sale of a portion of APN 001- 630-103, approximately .336 acres, pursuant to NRS 268.061, based on the findings that the area for proposed sale is adjacent to the Asilia, Elko, LLC., property, and that the proposed sale is in the best interest of the City, the proposed area to be sold is too small to establish an economical viable use by anyone else, and Asilia Elko, LLC., is responsible for all costs related the sale of the property. The proposed sale is subject to the City Council accepting the appraisal. The motion passed unanimously. (4-0) B. Review, consideration, and possible acceptance of a Grant of Easement for public drainage located in a portion of APN 001-660-122, between Kado Properties, LLC., and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION Kado Properties is proposing to relocate a storm drain as part of the construction of the West Sage Street apartment complex. The new drainage easement needs to be dedicated and the drainage constructed prior to the vacation of the existing easement. CL Ms. Laughlin said there was an exhibit in the agenda packet showing the drainage easement. There is an existing easement on the property that we will vacate once the drainage is relocated. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to accept the Grant of Easement for public drainage as presented. The motion passed unanimously. (4-0) August 8, 2023 City Council | Minutes Page 8 of 12  C. Review, consideration, and possible approval of a Deed of Dedication for a Public Utility Easement, on City owned property referred to as APN 001-067-007, and matters related thereto. FOR POSSIBLE ACTION This Public Utility Easement is being created at the request of Ash Street Village LLC. for the connection of sewer and storm drainage for the proposed Ash Street Village Townhomes. CL Ms. Laughlin explained we had the project engineer present. The City of Elko owns several small parcels that had utilities in them that go from Sage Street down through the tree streets. This parcel is adjacent to the parcel they are proposing to develop. This easement will grant them access to connect to the utilities. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve this Public Utility Easement on City owned property referred to as APN 001-067-007. The motion passed unanimously. (4-0) XIII. REPORTS A. Mayor and City Council Mayor Pro Tem Simons said the Arts and Culture Board will start raising funds for the "We The People" project on Honda Hill. We are putting out nominations for the Mayor Arts Awards. Councilman Stone reported on the upcoming PopCon. B. City Manager Absent. C. Assistant City Manager Scott Wilkinson reported the Micro Slurry Project is going well. D. Utilities Director No report. E. Public Works Director F. Airport Manager Mayor Pro Tem Simons said she noticed a new plague at the airport. August 8, 2023 City Council | Minutes Page 9 of 12  Jim Foster said we were invaded by toads after the rains. We got them off the runway and released them. We didn't get the crickets but we got grasshoppers and then toads. G. City Attorney No report. H. Fire Chief Absent. I. Police Chief Chief Trouten reported National Night Out went well. The turn-out was down a little, probably due to the rain. He thanked those that showed up to help. We had a burglary last night that the subject went into an occupied home. We served a search warrant for the suspect and hopefully the stolen items are being recovered right now. J. City Clerk No report. K. City Planner No report. L. Development Manager M. Financial Services Director No report. N. Parks and Recreation Director James Wiley said we moved the goats to the river path at the end of July. It is a jungle down there this year. They may be there through September. O. Civil Engineer Absent. P. Building Official No report. BREAK August 8, 2023 City Council | Minutes Page 10 of 12  XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 880, an amendment to the City Zoning Ordinance, specifically an amendment to Title 3, Chapter 2, Section 2 entitled "Definitions" and Title 3, Chapter 2, Section 10 entitled "PC, C Commercial Zoning Districts" of the Elko City Code, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission considered Ordinance No. 880 at their April 4, 2023 meeting and made a recommendation to City Council. City Council considered the Ordinance and tabled the item at their April 25, 2023 meeting. Staff worked with legal counsel on additional changes to the ordinance and the proposed changes were significant enough that they needed to be considered by Planning Commission again. Planning Commission reviewed the revisions at their July 6, 2023 meeting and forwarded a recommendation to City Council to adopt an ordinance which approves Zoning Ordinance Amendment 1-22. City Council conducted the first reading at their July 25, 2023 meeting. CL Cathy Laughlin, City Planner, explained we have not had any public comment on this since the last meeting and we have not made any changes to it. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve second reading, public hearing and adopt Ordinance No. 880. The motion passed unanimously. (4-0) B. Second reading, public hearing, and possible adoption of Ordinance No. 886, an ordinance adopting a change in zoning district boundaries from AG (General Agricultural) to R (Single-Family and Multiple-Family Residential) for APN 001-620-074 and processed as Rezone 3-23, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on July 6, 2023 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. 886 on July 25, 2023, and set the matter for second reading and public hearing. CL Ms. Laughlin explained this property is the property known as the Benti property. We have not have had any public comment. The applicant was online if you have any questions. She recommended approval. Chris Beardmore said he had nothing to add. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve second reading, public hearing and adopt Ordinance No. 886. The motion passed unanimously. (4-0) August 8, 2023 City Council | Minutes Page 11 of 12  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 Pearl Cookman, 609 Spruce Road, wanted to know they are going to put up across the street from her at the Benti property. Cathy Laughlin, City Planner, answered the property is zoned agricultural. Mr. Beardmore is now the property owner. He can't pull permits to repair the old Benti home because the zoning is not correct. This will change the zoning. His intent is not to do a multi-family development. His intent is to pull permits to make repairs to his home. There being no further business, Mayor Pro Tempore Mandy Simons adjourned the meeting. Mayor Pro Tempore Mandy Simons Kelly Wooldridge, City Clerk August 8, 2023 City Council | Minutes Page 12 of 12