Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS September 26, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, September 26, 2023. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer Ty Trouten, Police Chief 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 III. PLEDGE OF ALLEGIANCE September 26, 2023 City Council | Minutes Page 1 of 13  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. September 12, 2023 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Presentation of a retirement plaque for Police Corporal Dennis Williams, for his many years of service to the Citizens of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Corporal Dennis Williams was not present. C. Reading of a proclamation by the Mayor in recognition of the week of October 8 - 14, 2023 as 2023 Fire Prevention Week, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. He thanked the Fire Chief and all his crews for all they do to educate us. Chief Johnston said cooking fires account for over half of our fire origins. Friday, October 13, will be our Fire Prevention Event at the Fire House. We will have an open house and present kitchen fire safety. Mayor Keener asked if kitchen fires are seasonal. Chief Johnston answered yes but we make up for it with unattended smokers and BBQ's in the summer. B. "Nevada Gold Mines Permitting Update" presented by Tamara Baker, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Tamara Baker, Nevada Gold Mines, gave a presentation (included in the packet). D. Presentation of the Draft Focused Planning Study by Coffman and Associates, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM September 26, 2023 City Council | Minutes Page 2 of 13  Airport consultant Coffman and Associates have been engaged on a Focused Planning Study for the Elko Regional Airport. This presentation will give an overview of the findings and focus on alternatives, recommendations on future development and implementation of the plan. Staff is currently planning on visiting the Phoenix Airport District Office in Phoenix on October 4th to present the Draft Focused Planning Study for further discussion. JF Jim Foster, Airport Manager, introduced the representatives from Coffman and Associates. Matt Quick and Patrick Taylor, Coffman & Associates, gave a presentation (attached to agenda). E. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance as follows: 1. Removal of Unauthorized Persons 2. Security Services 3. Security Fence 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. JB Jan Baum, City Manager, explained yesterday afternoon, she had a conversation with the owner of Ville 837. She went over the items on the list and where they were today. Mayor Keener asked Ms. Wooldridge if they are up to date on their utilities. Kelly Wooldridge, City Clerk, answered she did not know that. Ms. Baum said they sent the City Clerk a copy of their Management Agreement but she has not reviewed it yet. VII. CONSENT AGENDA A. Review, discussion, and possible approval of a letter supporting Kinross Gold Bald Mountain Mine’s Juniper Project in White Pine County, and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting on September 12, 2023, representatives from Kinross Gold Corporation gave an update on mine operations, and permitting for the Juniper Project at September 26, 2023 City Council | Minutes Page 3 of 13  Bald Mountain Mine Property. This letter is written to the Bureau of Land Management (BLM), voicing support of this project. JB ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the Letter of Support to the BLM for the Kinross Gold - Bald Mountain Mine's Juniper Project. The motion passed unanimously. (5-0) VIII. PERSONNEL A. Employee Introduction: 1.) Liz Miller, Full-time Evidence Technician, Police Department 2.) Tabitha Collins, Animal Shelter Worker I No new employees were present. B. Review, consideration, and possible approval of revisions to “Chapter 5 Compensation Plan”, “Chapter 7 Benefits” and “Chapter 8 Travel Expenses” 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 suggested revisions for Council approval. Revisions to the following Chapters are included in the agenda packet with any significant changes highlighted for reference: Chapter 5 - Compensation Plan Chapter 7 - Benefits Chapter 8 - Travel Expenses SS Susie Shurtz, Human Resources Manager, explained this is a continuation of the updates to the policy manual. All the major changes are highlighted. Mayor Keener thought the changes were very straight forward. ** 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 5 Compensation Plan", "Chapter 7 Benefits" and "Chapter 8 Travel Expenses" as presented. The motion passed unanimously. (5-0) C. Review, consideration, and possible award of a proposal by Pontifex Consulting LLC to conduct a compensation and classification study for the City of Elko non-represented September 26, 2023 City Council | Minutes Page 4 of 13  positions, which include management and confidential positions and matters related thereto, FOR POSSIBLE ACTION A total of eight (8) proposals were received in response to the City of Elko’s Request for Proposal (RFP). All proposals were reviewed by the selection committee, which included Councilman Puccinelli, City Manager, and HR Manager. Copies of the proposals have been included in the agenda packet for review. While the Committee was impressed with all eight (8) proposals, the committee unanimously recommends Pontifex Consulting LLC. SS Ms. Shurtz explained said Peter Ronza from Pontifex Consulting was online. They have a lot of experience working with other local governments, PERS and organizational structure and support. Mayor Keener said he was pleased to see they are working with neighbors in Northern Nevada. Councilman Morris asked how long will the study take. Ms. Shurtz answered in the RFP we allowed for 14 weeks. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve award of proposal to Pontifex Consulting LLC to conduct a compensation and classification study for the City of Elko non-represented positions, which include management and confidential positions. The motion passed unanimously. (5-0) IX. APPROPRIATION A. Review and 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 Simons to approve the regular warrants in the amount of $2,237,887.63. The motion passed unanimously. (5-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the hand-cut checks in the amount of $475,537.08. The motion passed unanimously. (5-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the utility refunds in the amount of $764.76. The motion passed unanimously. (5-0) September 26, 2023 City Council | Minutes Page 5 of 13  B. Review, consideration, and possible rejection of the bids for the Lamoille Highway Bore and Water Line Replacement Project at Metzler Drive and Dale Drive, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for the Lamoille Highway Bore and Water Line Replacement Project at Metzler Drive and Dale Drive on May 23, 2023. Bids were received on September 13, 2023 and opened at 1:00 pm. The two bids received were compliant, but they were both over the $250,000 approved budget. The Utility Department recommends that both bids be rejected as it would take an additional $100,000 or more to complete the bore project and repair the roadway of Lamoille Highway and Metzler Drive. The current budgeted funds would be better spent reconnecting the existing line and repairing Lamoille Highway and Metzler Drive until there are sufficient funds to complete the bore project in its entirety. Typical practice would be to repair the broken water line and put it back in service and this repair has been made. If the line breaks again before it can be replaced, there will be valves on each side of the road to isolate it to prevent damage to Lamoille Highway. DJ Dale Johnson, Utilities Director, explained why the project would cost so much more than the estimate. We tried to value engineer and do a lot of the work ourselves, but it won't be happening at this time. Metzler Drive will need some repairs, as well as Dale Drive and the highway. Mayor Keener asked if we will get the repairs done before the weather. Mr. Johnson answered we are working on a schedule with NDOT to patch the highway. We would have to come back in the spring to do the permanent repairs. Mayor Keener felt that was the right thing to do. Gary Isaman with MKD Construction, said they were the low bidder. This project is pretty simple. He would like to sit with the engineer and see if we can get this within the City's budget. Dave Stanton, City Attorney, said we could not do that. ** A motion was made by Council Member Morris, seconded by Council Member Simons to reject the bids and direct staff to tie the existing line back into service with isolation valves and repair the roadways of Lamoille Highway and Metzler Drive. The motion passed unanimously. (5-0) BREAK C. Review, consideration, and final acceptance for the Public Works Department Preventative Maintenance Project 2023, to apply Micro Slurry Seal and Cape Seal to select City Streets, and matters related thereto. FOR POSSIBLE ACTION September 26, 2023 City Council | Minutes Page 6 of 13  The 2023 Micro Slurry Seal Project has been completed, the project included approximately 164,110 SY of slurry seal and 52,845 SY of Cape Seal. Micro-Slurry is a preventative maintenance treatment which has been applied to selected City streets, this process included a ½” chip seal fully engulfed by a type II Micro-Slurry application. Sierra Nevada Construction has successfully completed the project at this time. PA Paul Algerio, Streets Superintendent, explained this is our annual preventative maintenance project. We incorporated a portion of Silver Street, Errecart Bridge and Bullion Road with a cape seal. It is a chip seal with a slurry seal over it. The project was completed at the end of August. Mayor Keener asked if the cape seal is used in the high traffic areas. Mr. Algerio answered yes and some municipalities will use it all over. Mayor Keener thought they did a terrific job again this year. Silver Street was a little wild on a Saturday. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the Final Acceptance of the Preventive Maintenance Project 2023 to Sierra Nevada Construction in the amount of $788,007.00. The motion passed unanimously. (5-0) D. Review, Consideration and discussion of Airport Improvement Project No. 3-32-0005-059- 2022 (AIP 59), Acquire ARFF Vehicle and ancillary equipment schedule I substantial completion and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project No. 3-32-0005-059-2022 (AIP 59), Acquire ARFF Vehicle and ancillary equipment was awarded in Two Schedules. On March 22nd, 2022 City Council awarded Schedule I to Oshkosh Airport Products, LLC for the procurement of ARFF Vehicle and authorized staff to execute the contract in the amount of $701,257.00. June 30th 2023 the Vehicle was delivered to the Elko Fire Department. The remaining items per the contract arrived on a later date. Oshkosh Airport Products, LLC has substantially completed the project according to the contract terms. Final close out of AIP 59 will be brought to City Council at a later date. JF Jim Foster, Airport Manager, explained AIP 59 is two different contracts for the same grant. Oshkosh delivered their equipment and they have completed their requirements for the contract. As of today, everything has shown up. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve substantial completion to Oshkosh Airport Products, LLC and authorize staff to begin the close out process for Airport Improvement Project 3-32-0005-059-2022 (AIP 59). The motion passed unanimously. (5-0) September 26, 2023 City Council | Minutes Page 7 of 13  E. Review, Consideration and discussion of Airport Improvement Project No. 3-32-0005-059- 2022 (AIP 59), Acquire ARFF Vehicle and ancillary equipment schedule II substantial completion and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project No. 3-32-0005-059-2022 (AIP 59), Acquire ARFF Vehicle and ancillary equipment was awarded in Two Schedules. On March 22nd, 2022 City Council awarded Schedule II to L.N. Curtis and Sons for the procurement of ancillary equipment and authorized staff to execute the contract in the amount of $197,588.57. All the equipment with the exception of one (1) item which is currently back ordered has arrived. L.N. Curtis and Sons have substantially completed the project according to the contract terms. Final close out of AIP 59 will be brought to City Council at a later date. JF Mr. Foster explained this is the second part to the grant. We did receive the final item. They have completed their contract as well. We plan to have final acceptance at the next Council Meeting. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve substantial completion to L.N. Curtis and Sons and authorize staff to begin the close out process for Airport Improvement Project 3-32-0005-059-2022 (AIP 59). The motion passed unanimously. (5-0) X. SUBDIVISION A. Review, consideration, and possible approval of Final Map No. 2-23, filed by Ash Street Village, LLC for the development of a subdivision entitled Ash Street Village, involving the proposed division of approximately 0.401 acres of property into 12 townhome lots for residential development, and one (1) common lot within the RB (Residential Business) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located on northeast corner of the intersection of 5th Street and Ash Street (001-067-017 and 001-067-018). SAW Scott Wilkinson, Assistant City Manager, explained the final map is in conformance with the tentative map. The final map has been presented to the Planning Commission which forwarded a recommendation for conditional approval. He provided a recommended motion in the agenda. Mayor Keener asked what the two 8 ft. alleys between the buildings was for. Lana Carter, Carter Engineering, answered that is a walkway area. Mr. Wilkinson said the pedestrian access to the buildings is to the interior of the development. They have garage access facing the street and alley. The doorways are to the interior of the development. ** A motion was made by Council Member Stone, seconded by Council Member Simons to accept, on behalf of the public, the parcels of land offered for dedication for public use in September 26, 2023 City Council | Minutes Page 8 of 13  conformity with the terms of the offer of dedication; that the final map substantially complies with the tentative map; that the City Council approve the agreement to install improvements in accordance with the approved construction plans that satisfies the requirements of Title 2 Chapter 3, and conditionally approve Final Map 2-23 with findings and conditions listed in the Staff Report dated August 16, 2023 and based on the Planning Commission’s recommendation dated September 5, 2023. The motion passed unanimously. (5-0) XI. NEW BUSINESS A. Review, consideration, and possible approval of a Performance/Maintenance Agreement for subdivision improvements associated with the Ash Street Village Subdivision, and matters related thereto. FOR POSSIBLE ACTION Elko City Code 3-3-21 requires the subdivider to have executed and filed an agreement between the subdivider and the City for the required subdivision improvements, including stipulations on the timeframe for when those improvements are to be completed, and to post a performance guarantee in accordance with Elko City Code 3-3-22. SAW Mr. Wilkinson said this is the typical standard agreement you see associated with subdivisions. The engineer's estimate is just included. They intend to proceed with the work rather than bond up front, and then record the map at a later date. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the Performance/Maintenance Agreement for the subdivision improvements associated with the Ash Street Village subdivision and require that the developer enter into the agreement within 30 days. The motion passed unanimously. (5-0) Dusty Shipp, developer, asked for clarification. Is it true we won’t be recording the map? He thought they could not get C of O's. Mr. Wilkinson answered if you want to bond you can record the map. Or you can do the work, just like we have done in the past. You can do the work and then record the map when you get the certification. Mr. Shipp thought some of their funding was dependent on recording the map. C. Review, consideration and possible approval to authorize Staff to begin negotiations with Reno Tahoe Airport Authority (RTAA) to trade, lease or sell ARFF Vehicle A7 and matters related thereto. FOR POSSIBLE ACTION September 26, 2023 City Council | Minutes Page 9 of 13  RTAA has reached out to staff and proposed trading, leasing or buying ARFF Vehicle A7 once our new vehicle is put into service. The proposal included potentially trading the vehicle for snow removal equipment, buying outright or leasing the equipment for a certain period of time. JF Jim Foster, Airport Manager, explained this is an odd request but we try to help each other out when we can. Reno Tahoe reached out to us, knowing we are receiving a new ARFF truck. We were just thinking of putting the old truck away for the time being. We have options on this and wanted Council to be aware of what is going on out there. They are in desperate need of another ARFF truck. They purchased a used back-up vehicle that they have not been able to put into service. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve staff's request to begin the negotiations with Reno Tahoe Airport Authority to trade, sell or lease ARFF Vehicle A7. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of Parcel Map 5-23 filed by the City of Elko dividing approximately 11.41 acres into three separate parcels divided by existing Rights- of-Way for Silver Street and points of access for rail and private property, and matters related thereto. FOR POSSIBLE ACTION The purpose of the proposed parcel map is to address the separation of areas created with the dedication of Silver Street. SAW Scott Wilkinson, Assistant City Manager, explained the background information explained the purpose of the parcel map. We would like to see development in that area. He recommended conditional approval. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conditionally approve Parcel Map 5-23, based on the staff report in the packet which contains conditions for approval of the map, filed by the City of Elko dividing approximately 11.41 acres into three separate parcels divided by existing Rights-of-Way for Silver Street and points of access for rail and private property. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council Mayor Keener said the Nevada League of Cities Executive Director is in town this week. He will be meeting up with him later this week. Elko Institute of Academic Achievement had their ground- September 26, 2023 City Council | Minutes Page 10 of 13  breaking this morning that was well-attended. He reminded the Board there is an Elko County Recreation Board meeting this Thursday in Council Chambers at 10:00 a.m. B. City Manager Jan Baum attended the NNRDA On Target. That was a great event. Last week was the Mental Health Summit and that was a great event too. C. Assistant City Manager Scott Wilkinson thanked Paul for stepping up while Dennis has been gone. Mayor Keener asked about some trash removal complaints a month or so ago. Has that been taken care of? Mr. Wilkinson answered yes, that was taken care of. It took them a couple of days to circle around and see things our way. They did go over there and address the issue. They seem to be struggling with bringing drivers from other areas that don't know our area. Mayor Keener asked Scott if he will be doing double duty as the Development Manager. Mr. Wilkinson answered our new Development Manager was present in the audience today. He will be introduced at the next meeting. D. Utilities Director Dale Johnson said we got word from the Nevada Department of Natural Resources that we did not receive any additional ARPA funding for any of the projects. The NNRH Second Source is underway. The Elko Inn is 2 months delinquent on their utility bill. E. Public Works Director Paul Algerio said winter is coming and they are trying to get all of their patching done. They will be patching until the plant shuts down. They did an overlay on Delaware out towards the school bus barn. We are working on road markings and today was a good day. F. Airport Manager Jim Foster reported the Federal side of TSA accepted the AMOC for the new flight that will be coming into the airport in November. Mayor Keener asked if he got additional information on the gates in Salt Lake. Mr. Foster answered no. G. City Attorney September 26, 2023 City Council | Minutes Page 11 of 13  No report. H. Fire Chief Chief Johnston gave everyone an update that we are in THIRA (Threat Hazard Inventory Risk Assessment) season. Tomorrow will be day 2. The County is hosting it. As the City Emergency Manager, he is representing the City and our inventory and threats and hazards we have assessed. This is monotonous but it will open us up for grants and mitigation projects. The mitigation officer is there and it is nice to talk with them about some of our situations and funding avenues. It is a great networking tool. I. Police Chief No report. J. City Clerk Kelly Wooldridge reported our OnBase was not working tonight. GoToMeeting was working. Dan from Oasis helped and let her know the server had not had any updates done for about 3 months. She will post the GoTo Meeting. She sent everyone emails regarding the new website. She asked them to send her photos and bios as soon as they could. K. City Planner No report. L. Development Manager M. Financial Services Director N. Parks and Recreation Director Mayor Keener asked about an email he received and if there was any truth behind it. James Wiley said the outdoor pool needs to be rebuilt to repair all of the components. It needs to be re-piped and re-plastered. From our point of view, because we are in the process of getting a new facility built, it doesn't make a lot of sense to me to spend the money on this. The indoor pool is still open. He is looking forward to a report on where the Boys and Girls Club is at on the project. Mayor Keener said it will be on an upcoming agenda soon. Mr. Wiley said the public is anxious for information. O. Civil Engineer September 26, 2023 City Council | Minutes Page 12 of 13  Mayor Keener asked about Ruby Vista and Ruby View. It is very narrow there. Bob Thibault said is does feel narrow and they are making some adjustments. We are standardizing the width of the road. Some areas are being narrowed and some are being widened. Mayor Keener asked if the curb will be kicked out? Mr. Thibault answered it is new. It will stay there. Councilman Stone asked about the drainage. Does it go down and out where it normally goes? Mr. Thibault answered some water will drain down the hill but the rest will go down the gutter system. We are trying to get away from roadway ditches because it causes problems. P. Building Official XIII. 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 6:11 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk September 26, 2023 City Council | Minutes Page 13 of 13