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Regular Meeting

Regular Meeting

Elko, NV · November 14, 2023

AgendaPacketMinutes

Minutes

City of Elko ) County of Elko ) State of Nevada ) SS November 14, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, November 14, 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 Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief III. PLEDGE OF ALLEGIANCE November 14, 2023 City Council | Minutes Page 1 of 14 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 Jan Baum, City Manager, introduced Jan Petersen. Jan Petersen said Jan Baum contacted her and asked to get some pictures for the City Council Chambers. After some deliberation, they decided upon the five pictures in Chambers. Ms. Petersen discussed how each picture reflects Elko’s past. VII. PERSONNEL A. Employee Introductions: 1.) Tristan Fordin, Firefighter 2.) Sebastian Velez, Firefighter 3.) Jason Beer, Street Dept, Equipment Operator 4.) James Pauley, Lead Equipment Operator All new employees present and introduced. V. APPROVAL OF MINUTES A. October 24, 2023 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. 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 (order amended October 24, 2023) 3. Security Fence 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. November 14, 2023 City Council | Minutes Page 2 of 14 Jan Baum, City Manager, reported there is no update on the removal of unauthorized persons. The Order was amended to approve the on-site management company with some conditions. The Order was sent via email and certified mail on November 3rd. Mr. Warburton responded via email that he received it November 9th. We have not received the certified receipt yet. Vernal Real Estate Partners LLC is licensed in the State of Nevada and now the City of Elko. The background checks have not been submitted yet. There is not an update on the security fence. There isn’t much to report on the security cameras other than the Police Department does have access and a log-in to the cameras. There have been no calls in the month of November. The water bill has not been paid. Mr. Hammond called business licensing and seems confused about getting a license and a building permit. There is a meeting set up with the Building Department to go over how to get a building permit. Mayor Keener said it is good to know the calls have reduced. VIII. APPROPRIATION A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION 1.) 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 $2,929,528.04. 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 $417,748.19. 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 $129.60. The motion passed unanimously. (5-0) 2.) Review and possible approval of Alliance Document Technologies, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the Alliance Document Technologies warrant in the amount of $126.00. The motion passed. (4-0) November 14, 2023 City Council | Minutes Page 3 of 14 B. Review, consideration, and possible denial of a Change Order to Rema Tip Top for additional labor and materials during sandblasting of the Secondary Digester Dome Recoating Project and matters related thereto. FOR POSSIBLE ACTION. Jesse Baumgartner from Rema Tip Top requested to be on a City Council Agenda to discuss Change Order for the Secondary Digester Dome Recoating Project. On October 17, 2023 Rema Tip Top submitted their final pay request for $253,985.82 less retention of $13,367.67. On October 18, 2023 Jesse Baumgartner sent an email requesting a change order in the amount of $34,730.00 for additional labor and materials. The work involved was for sandblasting the existing coating on the digester dome. Jesse Baumgartner stated they encountered an average of 80-100 mils of coating that had to be removed to prep the surface for recoating. The digester dome was estimated to have 35 mils of coating to be removed. When this issue arose, Rema Tip Top did not notify the Project Engineer or the City that the coating was thicker and continued working. Due to these circumstances, the Project Engineer and City was not able to verify that the coating was 35 mils or 80 to 100 mils. When this happened work should have been stopped until there could have been a determination on how to proceed and an approved change order in place. On September 27th there was a progress meeting held at the Water and Sewer Shop to discuss project status and issues. During this meeting nothing was discussed about the sandblasting, but it was noted the interior coating of the dome started. Rema Tip Top also requested an extension of time due to potential weather issues. This was approved with a new completion date of October 13, 2023. Due to Rema Tip Top not notifying the Project Engineer or City of this issue at any time during the project it was discussed and determined that the Project Engineer and Utilities Director could not approve the Change Order. A follow up email detailing the Change Order process was sent to Jesse Baumgartner and a follow up meeting was set to discuss this decision and a course of action for Rema Tip Top to take for resolution to come before City Council. DJ Dale Johnson, Utilities Director, explained we have denied the change order. A representative from Rema Tip Top is here to plead his case. Eric Lattin, Project Engineer, is here as well. Eric Lattin, Black Dolphin Engineering, stated he rejected Rema Tip Top's change order and he explained why. Approving this will set a dangerous precedence. Jesse Baumgartner, Rema Tip Top, 4665 Manzanita Drive, thanked Council for awarding them this job. It turned out great in the end. It is clear they missed the window of opportunity to request the change order. We want to make it clear we understand the protocol now. At one point it became clear the existing coating was far thicker than we thought it was. It was mentioned to members of the facility but a stop work was not done at that time. Mayor Keener asked if there were any photographs of the thickness before they started on the project. November 14, 2023 City Council | Minutes Page 4 of 14 Mr. Baumgartner said he has some pictures he could provide if they needed it but he did not bring them with him. Mayor Keener asked Dave Stanton to weigh in. Dave Stanton, City Attorney, said these contracts require written approval prior to a change order. And there are good reasons for it. The City has to maintain control over projects like this. If the City is inclined to grant some sort of relief to this contractor for the additional work, it would require an amendment to the contract. That sets a dangerous precedent. He recommended against approving the change order. Mayor Keener asked if a situation like this has happened before. Mr. Stanton answered he vaguely remembers a similar situation. He does not recall Council giving relief to a contractor. Mayor Keener opened it up for deliberations. Councilman Stone said the heart wants to help but we have to follow policy. Councilman Morris said he was sure it was a great project and he hates to see them out $34,000 but we need to follow the rules. Councilman Puccinelli said he keeps falling back on the procedure. It was written in the contract. Councilwoman Simons said she has learned that no good deed goes unpunished. She understood why he came here to ask because if you don't ask, you don't know. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to reject a request for a change order from Rema Tip Top in the amount of $34,730.00 for additional labor and materials. The motion passed unanimously. (5-0) C. Review, consideration, and possible issuance of final acceptance for the Secondary Digester Dome Recoating Project, and matters related thereto. FOR POSSIBLE ACTION Rema Tip Top has completed the Secondary Digester Dome Recoating Project. There is one change order in question for $34,730.00 that requires council direction. Staff recommends the issuance of final acceptance. DJ Mr. Johnson explained this is the same project. He recommended issuing final acceptance. November 14, 2023 City Council | Minutes Page 5 of 14 ** A motion was made by Council Member Stone, seconded by Council Member Simons to issue final acceptance of the Rema Tip Top project in the amount of $267,353.49. The motion passed unanimously. (5-0) IX. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Public Improvements associated with the Ruby Mountain Peaks Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 10-20 for the Ruby Mountain Peaks Subdivision on March 9, 2021. A Performance and Maintenance Agreement was entered into on March 9, 2021. The Performance Agreement was extended for a period of one-year with and expiration date of March 9, 2024. The Developer has substantially completed the Public Improvements in accordance with the approved plans with the exception of some minor repairs to sidewalk and asphalt. Those issues are minor in nature and will be observed and evaluated during the maintenance period of one year. The Engineer of Record has certified the project. Upon acceptance of the public improvements, the city will release the Performance Bond in the amount of $173,354.00. Upon acceptance of the Public Improvements by the Council, the Developer is required to provide maintenance security in the amount of $146,067.95 for a 12-month maintenance period. The bond has been provided and is on file with the City. RN Ralph Negron, Development Manager, explained we are recommending releasing the performance bond. The maintenance bond will start tomorrow for one year. There are a few items, such as minor repairs to sidewalk and asphalt, that will be observed and evaluated during the maintenance period, and possibly corrected in 2024. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to conditionally accept the public improvements for the Ruby Mountain Peaks Subdivision with the noted exceptions. The motion passed unanimously. (5-0) X. NEW BUSINESS A. Review, consideration, and possible approval of the First Amendment to Lease Agreement of City owned property with the Elko Television District, located at 4290 Ruby Vista Drive, Elko, Nevada, and matters related thereto. FOR POSSIBLE ACTION November 14, 2023 City Council | Minutes Page 6 of 14 A lease with the Elko Television District was entered into on January 1, 2014 for a ten (10) year term with an option to renew for an additional ten (10) years. If approved, this will extend the term to December 31, 2033 for the lease rate of one dollar per year. Elko Television District has presented this lease amendment to their board and approved it on September 14, 2023. CL Cathy Laughlin, City Planner, explained this lease doesn't expire until the end of December, but we felt we could take care of this now. They have leased this property for many years and this amendment will extend the lease for an additional 10 years. Their board has approved it. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the First Amendment to Lease Agreement with the Elko Television District for the lease at 4290 Ruby Vista Drive. The motion passed unanimously. (5-0) B. Review, consideration, and possible authorization for the City of Elko to enter into a new Communication Facilities Lease Agreement with the Elko Television District for the Elko Fire Department radio repeater site on Lamoille Summit, and matters related thereto. FOR POSSIBLE ACTION In July of 2016, the Elko Fire Department radio repeater site was moved from Elko Mountain to Lamoille Summit. Due to an oversite, a lease agreement was never signed or approved by City Council until July 2017. In July 2019, City Council approved a first amendment to the lease agreement to increase the annual lease rate. In August 2021, City Council approved a second amendment to the lease agreement to increase the annual lease rate to include a CPI clause. Neither the first nor second amendment included the option to extend the term of the lease as allowed. It is in both parties opinion that the lease expired June 30, 2021 and therefore a new lease is required. The new lease rate is reduced to $4,000.00 per year starting with the 2023/24 fiscal year. The Elko Television District approved the new lease at their meeting October 12, 2023. CL Cathy Laughlin, City Planner, explained in going through the leases, we discovered that when we did the amendments, we never did a lease extension as allowed in the original lease. After legal review and communications with the Television District, it was determined we were no longer under a lease. We were able to negotiate a new lease that will begin July 1, 2024. Chief Johnstone said we had some failures on Elko Mountain and so the microwave was moved to this location. He found some funding in the E911 board that will help us pay for this. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the Communication Facilities Lease Agreement between Elko Television District and the City of Elko for the Elko Fire Department radio repeater site on Lamoille Summit. The motion passed unanimously. (5-0) November 14, 2023 City Council | Minutes Page 7 of 14 C. Review, consideration, and possible approval of a Water Extension Refunding and Water Line Oversize Agreement as defined in Elko City Code 9-1-35, for reimbursement of water oversize installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters thereto. FOR POSSIBLE ACTION Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc., has requested reimbursement for water oversize at Bergeron Village Phase 1, DGB Investment, Inc. The inside diameter of water main shall not be less than 10” by city code 9-1-35. During plan review the Utilities Director required the water be oversized to 12” based on future growth. Bergeron Village Phase 1, DGB Investment, Inc. is in the process installing the 12” water main required by the Utilities Director. Staff would like to enter into a Water Extension Refunding and Water Line Oversize Agreement with Bergeron Village Phase 1, DGB Investment, Inc. at this time. This would allow the City to reimburse Bergeron Village Phase 1, DGB Investment, Inc. when the project is complete and the City accepts it. DJ Dale Johnson, Utilities Director, explained this is a standard over-size agreement done with developers. He recommended approval. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the Water Extension Refunding and Oversize Agreement for Bergeron Village Phase 1, DGB Investment, Inc. The motion passed unanimously. (5-0) D. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer Line Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer oversize installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters thereto. FOR POSSIBLE ACTION Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc., requested reimbursement for sewer oversize at Bergeron Village Phase 1, DGB Investment, Inc. The inside diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review the Utilities Director required the sewer be oversized to 12” based on future growth. Bergeron Village Phase 1, DGB Investment, Inc. is in the process installing the 12” sewer main required by the Utilities Director. Staff would like to enter into a Sewer Extension Refunding and Sewer Line Oversize Agreement with Bergeron Village Phase 1, DGB Investment, Inc. at this time. This would allow the City to reimburse Bergeron Village Phase 1, DGB Investment, Inc. when the project is complete and the City accepts it. DJ Mr. Johnson explained this is the same development but for the sewer. He recommended approval. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Sewer Extension Refunding and Oversize Agreement for Bergeron Village Phase 1, DGB Investment, Inc. November 14, 2023 City Council | Minutes Page 8 of 14 The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer Line Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer oversize installation costs at Bergeron Village Phase 2, BELDCO, LLC. and matters thereto. FOR POSSIBLE ACTION Carter Engineering on behalf of Bergeron Village Phase 2, BELDCO, LLC. has requested reimbursement for sewer oversize at Bergeron Village Phase 2, BELDCO, LLC. The inside diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review the Utilities Director required the sewer be oversized to 12” based on future growth. Bergeron Village Phase 2, BELDCO, LLC. is in the process installing the 12” sewer main required by the Utilities Director. Staff would like to enter into a Sewer Extension Refunding and Sewer Line Oversize Agreement with Bergeron Village Phase 2, BELDCO, LLC. at this time. This would allow the City to reimburse Bergeron Village Phase 2, BELDCO, LLC. when the project is complete and the City accepts it. DJ Mr. Johnson explained this is for phase 2 of the same project. He recommended approval. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the Sewer Extension Refunding and Sewer Line Oversize Agreement for Bergeron Village Phase 2, BELDCO, LLC. The motion passed unanimously. (5-0) F. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Bailey and Associates LLC, of Cedar Estates subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Bailey and Associates LLC, entered into an agreement to install improvements for Cedar Estates Subdivision on December 14, 2021. The agreement is set to expire on December 14, 2023. The developer has determined that they will not complete the subdivision improvements before this expiration date and has requested a one-year extension. Section 1F of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the developer has satisfactorily performed its duties under the agreement to date, 2) the developer has diligently and in good faith attempted to complete the work, but has been unable to do so due to events beyond the developer’s control, and 3) the Maintenance Guarantee has been provided to the City. RN Ralph Negron, Development Manager, explained Bailey had some unforeseen circumstances come up. One of the co-owners passed away and one of their main managers left. He did recommend a 1-year extension to the agreement. November 14, 2023 City Council | Minutes Page 9 of 14 Mayor Keener said Bailey has always been a good development company in the City. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Bailey and Associates LLC, of Cedar Estates subdivision. The motion passed unanimously. (5-0) G. Review, consideration, and possible approval of a Performance/Maintenance Agreement for subdivision improvements associated with the Mountain View Townhomes Unit Number 2 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 time frame 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. Negron asked this item be tabled to the next meeting. ** A motion was made by Council Member Simons, seconded by Council Member Stone to table. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE A. Review, consideration and possible adoption of Resolution No. 13-23, a resolution finding it is in the best interest of the City to sell City owned real property without offering the property for sale to the public, and matters related thereto. FOR POSSIBLE ACTION At the August 8, 2023 meeting, City Council approved the sale of an approximately .336 acre parcel of land adjacent to APN 001-630-100 based on NRS 268.061. Adoption of this resolution finds that it is in the best interest of the City of Elko to sell City owned property as a remnant without offering the property for sale to the public. CL Cathy Laughlin, City Planner, explained it takes a while for us to go through the appraisal process. We did discuss selling this as a remnant and decided it should not go to public auction. We got the appraisal back with a value of $38,000. The applicant has agreed with the purchase price. Mayor Keener asked for the map to be put on the overhead. Were they not interested in the rest of the frontage? Ms. Laughlin answered they were not interested in the rest of the area. If they were to purchase the rest of that they would be required to install curb, gutter and other improvements. November 14, 2023 City Council | Minutes Page 10 of 14 ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to adopt Resolution No. 13-23. The motion passed unanimously. (5-0) B. First reading of Ordinance No. 888 adopting a change in zoning district boundaries from GI (General Industrial) to R (Single Family and Multiple Family Residential) Zoning District, approximately 5,147 square feet, specifically APN 001-387-003, located generally on the southwest side of South 1st Street approximately eighty three feet southeast of the intersection of South 1st Street and River Street, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 5-23 at their meeting November 7, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from GI (General Industrial) to R (Single Family and Multiple Family Residential) for APN 001-387-003. CL Ms. Laughlin explained this is a unique situation. We don't normally see a property that goes to sell and we, as a City, cannot issue a Building Permit because of a zoning issue. On this property, in 2017, the City of Elko was shutting off utilities in the area due to flooding. This property had a lot of damage. The Building Official was doing inspections in the area to turn the utilities back on and he determined the property was not habitable. It was not in a safe condition. The water was not turned back on. The property sat vacant for some time. A party bought the house and did some work without a building permit. She was unable to sign off for a building permit for a residence when the zoning was General Industrial. The property sold again, and the new owner spent a lot of hours in City offices going over the process to make the property residential. We tried to get the entire block to come in for a zone change but they were not interested. There was a variance tied to this that the Planning Commission approved. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conduct first reading of Ordinance No. 888 and direct City Staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of Resolution No. 14-23 , a resolution donating a City of Elko 1995 Emergency One Titan Aircraft Rescue and Firefighting (ARFF) vehicle to the Reno/Tahoe Airport and matters related thereto. FOR POSSIBLE ACTION. Using FAA AIP funding, the City of Elko Airport recently purchased a new Airport Rescue and Firefighting (ARFF) vehicle. The City of Elko Airport & Fire Department has determined that the 1995 Emergency One Titan Aircraft Rescue and Firefighting (ARFF) vehicle has reached it’s useful life for the City and would like to donate the vehicle to the Reno/Tahoe Airport. JF November 14, 2023 City Council | Minutes Page 11 of 14 Jim Foster, Airport Manager, explained we talked about this a few meetings ago. After contacting the Reno/Tahoe Airport and discussing options with the City Attorney, we determined donating this to them is the best thing to do because the truck is no longer needed. They are excited to get this vehicle. We did acquire the new ARFF truck. ** A motion was made by Council Member Stone, seconded by Council Member Morris to adopt Resolution No. 14-23, finding the ARFF vehicle A7 has reached its useful life for the City of Elko and approve the donation of the 1995 Emergency One Titan Aircraft Rescue and Firefighting vehicle to the Reno/Tahoe Airport Authority. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council Mayor Keener thanked Shane Fertig for joining him in a meeting with Nevada Gold Mines. They were interested in the sustainability of our landfill. Shane Fertig, Landfill Superintendent, appreciated the time the Mayor took to attend the meeting with him. This Saturday will be our Free Fall Day. Mayor Keener said there was a discussion about recycling. The Veterans Parade looked like it was very well attended. The weather was great for it as well. They will be taking a trip to St. George tomorrow to meet with SkyWest. Rex Steninger will be joining them. Councilwoman Simons said the Mayor Arts Awards was last week. The new award is in the award cabinet. B. City Manager Jan Baum reported there was a fun Halloween get together in the breakroom. The Christmas Party is December 8th at the Western Folklife Center, from 6:30 - 10:00 pm. We did have our second FANN meeting. It is just about formed and running. The Hospital 3rd Floor Mental Health Expansion has been approved and they hope to have it done by the end of 2024. Mayor Keener added the Child Advocacy Center will have their grand opening November 20th at 3:00 pm. Ms. Baum said Mr. Wilkinson, Assistant City Manager, is back to work but watching the meeting from home tonight. The agenda for the next meeting will have to be posted by next Tuesday because of the upcoming holiday. C. Assistant City Manager November 14, 2023 City Council | Minutes Page 12 of 14 Absent. D. Utilities Director Dale Johnson reported the Hospital 2nd Source Project is nearing completion. The Cattle Drive Project kicked off yesterday. E. Public Works F. Airport Manager Jim Foster reported they are headed down to St. George tomorrow to meet with SkyWest Airlines. We just released the RFQ for Engineering Services. Due to this, we will have to put our dinner plans with Jviation on hold. He thanked Council for the donation. The airport numbers are looking really good. We have two job openings right now. We will fill one but two are posted. G. City Attorney Dave Stanton said he has been in touch with Curtis Calder and he still has his mullet wig available if anyone was interested. H. Fire Chief Mayor Keener said the promotion ceremony was a great event. He got to check out the ARFF truck when he was there. I. Police Chief No report. J. City Clerk Kelly Wooldridge said the redesign of the website went live last Monday. She has gotten some complaints about not being able to open the website using google. If you get that, you need to clear your cache and then you should be able to go back into it. She will put some instructions out on Facebook tomorrow. Google is the only search engine this needs to be done on. K. City Planner Cathy Laughlin reported we closed on the Recreation Parcel with Boys and Girls Club last week. L. Development Manager No report. M. Financial Services Director November 14, 2023 City Council | Minutes Page 13 of 14 No report. N. Parks and Recreation Director James Wiley reported this Saturday they will be doing their annual lift evacuation training at the SnoBowl. The shade shelter in the park at the BBQ Pit has been engineered and ready to go. It is in the process of getting a building permit. They are hoping to get it done this year. A new lawnmower has been ordered and should be arriving soon. Mayor Keener said NGM was inquiring about the equipment at the SnoBowl and if help was needed. He thought they could be a great resource if needed. Mr. Wiley said they reached out to him. Everything has been rebuilt or replaced and it functioning great. O. Civil Engineer No report. P. Building Official Jeff Ford reported we got the Sandvik plans in for review. 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 Lee Hoffman, 1085 Barrington Ave., said there is a local citizen volunteer that was mainly responsible for the Veteran Parade, Josephine Mahoney. She deserves a note of thanks because it came out really well. The website looks great. Councilwoman Simons asked if we could get a thank you card for her. It was cool that she stepped up to plan that parade. There being no further business, Mayor Reece Keener adjourned the meeting at 5:39 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk November 14, 2023 City Council | Minutes Page 14 of 14

Agenda

CITY OF ELKO CITY MANAGER 1751 COLLEGE AVENUE ELKO, NEVADA 89801 (775) 777-7110/FAX (775) 777-7119 PUBLIC MEETING NOTICE The Elko City Council will meet in regular session on Tuesday, November 14, 2023 at 4:00., P.D.T. in the Council Chambers at Elko City Hall, 1751 College Avenue, Elko, Nevada. The public can view the virtual meeting on a computer, laptop, tablet or smart phone at: https://ob.elkocitynv.gov/onbaseagendaonline or https://meet.goto.com/932213061 You can also dial in using your phone: +1 (408) 650-3123 Access Code: 932-213-061 Attached with this notice is the agenda for said meeting of the Council. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocitynv.com, the State of Nevada’s Public Notice Website at https://notice.nv.gov, and in the following locations: ELKO CITY HALL 1751 College Avenue, Elko, NV 89801 Date/time Posted: 9:00 AM. Wednesday, November 8, 2023. Posted by: Jodi Notestine Administrative Assistant The public may contact Jodi Notestine by phone at (775) 777-0560 or email at jnotestine@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available on the City website at http://www.elkocity.com Dated this 8th day of November, 2023. NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the City of Elko, City Manager's Office, 1751 College A venue, Elko, Nevada, 89801, or By Calling (775) 777-7110 Jan Baum, City Manager Elko,Nevada November 14, 2023 Elko City Council Page 1 City of Elko Regular Meeting City Council Meeting Tuesday November 14, 2023 4:00 PM PDT Elko City Hall, Council Chambers, 1751 College Avenue, Elko, NV 89801 https://ob.elkocitynv.gov/onbaseagendaonline https://meet.goto.com/932213061 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 III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN V. APPROVAL OF MINUTES A. October 24, 2023 Regular Session VI. PRESENTATION A. 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 (order amended October 24, 2023) 3. Security Fence 4. Security Cameras November 14, 2023 Elko City Council Agenda Page 2 of 8 Staff will provide City Council with an update on the abatement orders and the public nuisance. VII. PERSONNEL A. Employee Introductions: 1.) Tristan Fordin, Firefighter 2.) Sebastian Velez, Firefighter 3.) Jason Beer, Street Department, Equipment Operator 4.) James Pauley, Lead Equipment Operator VIII. APPROPRIATION A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION 1.) Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE ACTION 2.) Review and possible approval of Alliance Document Technologies, and matters related thereto. FOR POSSIBLE APPROVAL B. Review, consideration, and possible denial of a Change Order to Rema Tip Top for additional labor and materials during sandblasting of the Secondary Digester Dome Recoating Project and matters related thereto. FOR POSSIBLE ACTION. Jesse Baumgartner from Rema Tip Top requested to be on a City Council Agenda to discuss Change Order for the Secondary Digester Dome Recoating Project. On October 17, 2023 Rema Tip Top submitted their final pay request for $253,985.82 less retention of $13,367.67. On October 18, 2023 Jesse Baumgartner sent an email requesting a change order in the amount of $34,730.00 for additional labor and materials. The work involved was for sandblasting the existing coating on the digester dome. Jesse Baumgartner stated they encountered an average of 80-100 mils of coating that had to be removed to prep the surface for recoating. The digester dome was estimated to have 35 mils of coating to be removed. When this issue arose, Rema Tip Top did not notify the Project Engineer or the City that the coating was thicker and continued working. Due to these circumstances, the Project Engineer and City was not able to verify that the coating was 35 mils or 80 to 100 mils. When this happened work should have been stopped until there could have been a determination on how to proceed and an approved change order in place. On September 27th there was a progress meeting held at the Water and Sewer Shop to discuss project status and issues. During this meeting nothing was discussed about the sandblasting, but November 14, 2023 Elko City Council Agenda Page 3 of 8 it was noted the interior coating of the dome started. Rema Tip Top also requested an extension of time due to potential weather issues. This was approved with a new completion date of October 13, 2023. Due to Rema Tip Top not notifying the Project Engineer or City of this issue at any time during the project it was discussed and determined that the Project Engineer and Utilities Director could not approve the Change Order. A follow up email detailing the Change Order process was sent to Jesse Baumgartner and a follow up meeting was set to discuss this decision and a course of action for Rema Tip Top to take for resolution to come before City Council. DJ C. Review, consideration, and possible issuance of final acceptance for the Secondary Digester Dome Recoating Project, and matters related thereto. FOR POSSIBLE ACTION Rema Tip Top has completed the Secondary Digester Dome Recoating Project. There is one change order in question for $34,730.00 that requires council direction. Staff recommends the issuance of final acceptance. DJ IX. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Public Improvements associated with the Ruby Mountain Peaks Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 10-20 for the Ruby Mountain Peaks Subdivision on March 9, 2021. A Performance and Maintenance Agreement was entered into on March 9, 2021. The Performance Agreement was extended for a period of one-year with and expiration date of March 9, 2024. The Developer has substantially completed the Public Improvements in accordance with the approved plans with the exception of some minor repairs to sidewalk and asphalt. Those issues are minor in nature and will be observed and evaluated during the maintenance period of one year. The Engineer of Record has certified the project. Upon acceptance of the public improvements, the city will release the Performance Bond in the amount of $173,354.00. Upon acceptance of the Public Improvements by the Council, the Developer is required to provide maintenance security in the amount of $146,067.95 for a 12-month maintenance period. The bond has been provided and is on file with the City. RN X. NEW BUSINESS A. Review, consideration, and possible approval of the First Amendment to Lease Agreement of City owned property with the Elko Television District, located at 4290 Ruby Vista Drive, Elko, Nevada, and matters related thereto. FOR POSSIBLE ACTION A lease with the Elko Television District was entered into on January 1, 2014 for a ten (10) year term with an option to renew for an additional ten (10) years. If approved, this will extend the November 14, 2023 Elko City Council Agenda Page 4 of 8 term to December 31, 2033 for the lease rate of one dollar per year. Elko Television District has presented this lease amendment to their board and approved it on September 14, 2023. CL B. Review, consideration, and possible authorization for the City of Elko to enter into a new Communication Facilities Lease Agreement with the Elko Television District for the Elko Fire Department radio repeater site on Lamoille Summit, and matters related thereto. FOR POSSIBLE ACTION In July of 2016, the Elko Fire Department radio repeater site was moved from Elko Mountain to Lamoille Summit. Due to an oversite, a lease agreement was never signed or approved by City Council until July 2017. In July 2019, City Council approved a first amendment to the lease agreement to increase the annual lease rate. In August 2021, City Council approved a second amendment to the lease agreement to increase the annual lease rate to include a CPI clause. Neither the first nor second amendment included the option to extend the term of the lease as allowed. It is in both parties opinion that the lease expired June 30, 2021 and therefore a new lease is required. The new lease rate is reduced to $4,000.00 per year starting with the 2023/24 fiscal year. The Elko Television District approved the new lease at their meeting October 12, 2023. CL C. Review, consideration, and possible approval of a Water Extension Refunding and Water Line Oversize Agreement as defined in Elko City Code 9-1-35, for reimbursement of water oversize installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters thereto. FOR POSSIBLE ACTION Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc., has requested reimbursement for water oversize at Bergeron Village Phase 1, DGB Investment, Inc. The inside diameter of water main shall not be less than 10” by city code 9-1-35. During plan review the Utilities Director required the water be oversized to 12” based on future growth. Bergeron Village Phase 1, DGB Investment, Inc. is in the process installing the 12” water main required by the Utilities Director. Staff would like to enter into a Water Extension Refunding and Water Line Oversize Agreement with Bergeron Village Phase 1, DGB Investment, Inc. at this time. This would allow the City to reimburse Bergeron Village Phase 1, DGB Investment, Inc. when the project is complete and the City accepts it. DJ D. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer Line Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer oversize installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters thereto. FOR POSSIBLE ACTION Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc., requested reimbursement for sewer oversize at Bergeron Village Phase 1, DGB Investment, Inc. The inside diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review the Utilities Director required the sewer be oversized to 12” based on future growth. Bergeron Village Phase 1, DGB Investment, Inc. is in the process installing the 12” sewer main required by the Utilities Director. Staff would like to enter into a Sewer Extension Refunding and Sewer Line Oversize Agreement with Bergeron Village Phase 1, DGB Investment, Inc. at this time. This November 14, 2023 Elko City Council Agenda Page 5 of 8 would allow the City to reimburse Bergeron Village Phase 1, DGB Investment, Inc. when the project is complete and the City accepts it. DJ E. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer Line Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer oversize installation costs at Bergeron Village Phase 2, BELDCO, LLC. and matters thereto. FOR POSSIBLE ACTION Carter Engineering on behalf of Bergeron Village Phase 2, BELDCO, LLC. has requested reimbursement for sewer oversize at Bergeron Village Phase 2, BELDCO, LLC. The inside diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review the Utilities Director required the sewer be oversized to 12” based on future growth. Bergeron Village Phase 2, BELDCO, LLC. is in the process installing the 12” sewer main required by the Utilities Director. Staff would like to enter into a Sewer Extension Refunding and Sewer Line Oversize Agreement with Bergeron Village Phase 2, BELDCO, LLC. at this time. This would allow the City to reimburse Bergeron Village Phase 2, BELDCO, LLC. when the project is complete and the City accepts it. DJ F. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Bailey and Associates LLC, of Cedar Estates subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Bailey and Associates LLC, entered into an agreement to install improvements for Cedar Estates Subdivision on December 14, 2021. The agreement is set to expire on December 14, 2023. The developer has determined that they will not complete the subdivision improvements before this expiration date and has requested a one- year extension. Section 1F of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the developer has satisfactorily performed its duties under the agreement to date, 2) the developer has diligently and in good faith attempted to complete the work, but has been unable to do so due to events beyond the developer’s control, and 3) the Maintenance Guarantee has been provided to the City. RN G. Review, consideration, and possible approval of a Performance/Maintenance Agreement for subdivision improvements associated with the Mountain View Townhomes Unit Number 2 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 time frame for when those improvements are to be completed, and to post a performance guarantee in accordance with Elko City Code 3-3-22. SAW November 14, 2023 Elko City Council Agenda Page 6 of 8 XI. RESOLUTION AND ORDINANCE A. Review, consideration and possible adoption of Resolution No. 13-23, a resolution finding it is in the best interest of the City to sell City owned real property without offering the property for sale to the public, and matters related thereto. FOR POSSIBLE ACTION At the August 8, 2023 meeting, City Council approved the sale of an approximately .336 acre parcel of land adjacent to APN 001-630-100 based on NRS 268.061. Adoption of this resolution finds that it is in the best interest of the City of Elko to sell City owned property as a remnant without offering the property for sale to the public. CL B. First reading of Ordinance No. 888 adopting a change in zoning district boundaries from GI (General Industrial) to R (Single Family and Multiple Family Residential) Zoning District, approximately 5,147 square feet, specifically APN 001-387-003, located generally on the southwest side of South 1st Street approximately eighty three feet southeast of the intersection of South 1st Street and River Street, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 5-23 at their meeting November 7, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from GI (General Industrial) to R (Single Family and Multiple Family Residential) for APN 001-387-003. CL C. Review, consideration, and possible approval of Resolution No. 14-23 , a resolution donating a City of Elko 1995 Emergency One Titan Aircraft Rescue and Firefighting (ARFF) vehicle to the Reno/Tahoe Airport and matters related thereto. FOR POSSIBLE ACTION. Using FAA AIP funding, the City of Elko Airport recently purchased a new Airport Rescue and Firefighting (ARFF) vehicle. The City of Elko Airport & Fire Department has determined that the 1995 Emergency One Titan Aircraft Rescue and Firefighting (ARFF) vehicle has reached it’s useful life for the City and would like to donate the vehicle to the Reno/Tahoe Airport. JF XII. REPORTS A. Mayor and City Council B. City Manager C. Assistant City Manager D. Utilities Director E. Public Works F. Airport Manager G. City Attorney November 14, 2023 Elko City Council Agenda Page 7 of 8 H. Fire Chief I. Police Chief J. City Clerk K. City Planner L. Development Manager M. Financial Services Director N. Parks and Recreation Director O. Civil Engineer 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 NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Respectfully Submitted, Jan Baum City Manager November 14, 2023 Elko City Council Agenda Page 8 of 8

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