Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS January 9, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, January 9, 2024. 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 Julie Davis, Financial Services Director III. PLEDGE OF ALLEGIANCE January 9, 2024 City Council | Minutes Page 1 of 18  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 Lee Hoffman, 1085 Barrington Ave., explained the Presidential Preference Primary Election and the upcoming Republican Party caucus. The website to visit for more information is elkonvgop.org. There is a video to watch that helps explain the difference between the two. Kelly Wooldridge, City Clerk, announced the video was not working on OnBase but it was working on GoTo. V. APPROVAL OF MINUTES A. Approval of the December 12, 2023 Minutes Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Presentation of a retirement plaque by the Mayor in recognition and appreciation of Betty Nield, Facilities Technician for her 27+ years of service to the City of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener presented Betty Nield with a plaque in appreciation for her 23 years of service. Justin Alanis, Facilities Superintendent, stated there will be big shoes to fill with her retirement and spoke highly of the work she has done for the City. Betty Nield said it has been a pleasure to work for the City. She has met a lot of fun people and will miss them all. B. Presentation of an Appreciation plaque by the Mayor in recognition and appreciation of Adeline "Addie" Thibault, for her eight+ years of service to the City of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener presented Adeline Thibault with a plaque for her many years of service. Addie Thibault said she was thankful for the opportunity to serve the City. It's not goodbye. We will be around. C. Presentation by the Mayor of an Appreciation Plaque in recognition and appreciation of Civil Engineer Robert "Bob" Thibault, and his eight+ years of service to the City of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM January 9, 2024 City Council | Minutes Page 2 of 18  Mayor Keener presented Bob Thibault with a plaque for his many years of service. Bob Thibault said we bought High Desert Engineering. We will still be serving the community and we will see you around. D. Reading of a proclamation by the Mayor in recognition of the month of January as National Radon Month, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation and reminded everyone to get their free test kits from the UNR Extension Service office at Great Basin College. VIII. PERSONNEL A. Employee Introduction(s): A. Carter Alvarado, Patrol Officer I, Police Department B. Stephanie Estrada, Animal Shelter Worker II, Animal Shelter C. Ashlyn Theuret, Animal Shelter Worker, Animal Shelter D. Julie Davis, Financial Services Director All new employees were present and introduced. VI. PRESENTATION (Cont.) E. Presentation and possible approval of the Consolidated Annual Financial Report and Audit for the City of Elko for the Fiscal Year ending June 30, 2023, including but not limited to, Staff response to audit findings, and matters related thereto. FOR POSSIBLE ACTION Viktoryia Yahorava, CPA and Chad Atkinson, CPA from Hinton Burdick will log in to present the City of Elko’s Fiscal Year 2022/2023 Financial Report. JB Jan Baum introduced Hinton Burdick to give the presentation. Chad Atkinson, Hinton Burdick, gave a presentation (included in packet). Mayor Keener asked if there were any questions and congratulated staff for the clean audit. Ms. Baum thanked Hinton Burdick for their help, and thanked staff for their help. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Consolidated Annual Financial Report and Audit for the City of Elko for the Fiscal Year ending June 30, 2023. The motion passed unanimously. (5-0) XI. NEW BUSINESS January 9, 2024 City Council | Minutes Page 3 of 18  E. Review and possible acceptance of a contract with Kersten Milligan M. D. as the medical director for the City of Elko Fire Department Emergency Medical Intermediate Level program, and matters related thereto. FOR POSSIBLE ACTION In July of 2003, Louis Bergeron, MD was contracted at the City of Elko Fire Department's Medical Director. Dr. Bergeron has served as an exceptional Medical Director and helped the City of Elko establish and maintain the Advanced Emergency Medical Technician program and now wishes to retire. Kersten Milligan M.D. is an Emergency Room Doctor locally and has expressed interest in improving our emergency medical response. Dr. Milligan has a very reasonable proposal for the cost of insurance of the year and $100.00 an hour, not to exceed 10 hours a month. JJ Chief Johnston introduced Kersten Milligan. Kersten Milligan, M.D., explained she was born and raised here in Elko, left for school, lived in Hawaii for a while, and moved back 1.5 years ago. She is excited to work with the Fire Department and serve the community. Chief Johnston said this has been reviewed by legal and just needs Council approval. Mayor Keener said it is great that she is making herself available. ** A motion was made by Council Member Stone, seconded by Council Member Simons to accept the contract with Kersten Milligan M.D. as the Medical Director for the City of Elko Fire Department Emergency Medical Intermediate Level program.. The motion passed unanimously. (5-0) VI. PRESENTATION (Cont.) F. 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 Fences 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. KW January 9, 2024 City Council | Minutes Page 4 of 18  Jan Baum, City Manager, said there have not been any public safety concerns at the property through most of December and January. There have not been any code complaints with Code Enforcement. We are still having an issue with them receiving their certified mail. Kelly Wooldridge, City Clerk, received an email they have had some issues with construction and are not receiving their mail properly. She has been communicating with them and let them know if they do not pick up their certified mail, the amended order will no longer be in effect. They did respond yesterday and we will send it back out to a different address. Councilman Morris asked if they have paid their water bill. (No) Have they applied for building permits? (No) Mayor Keener said hopefully we get some cooperation from them. Ms. Baum said once we receive their certified mail return receipt then we can enforce the background checks for the security personnel. VII. CONSENT AGENDA A. Review and possible approval of agreements between the City of Elko and Hannah Rodriguez, D.V.M., Matthew Barnes, D.V.M. and Austin Kreiser, D.V.M., for the provision of independent contractor services on behalf of the City of Elko Animal Shelter, and matters related thereto. FOR POSSIBLE ACTION The City of Elko contracts with local veterinarians to assist with the spay/neuter clinic and additional clinic consultation. Dr. Hannah Rodriguez desires to renew her contract and Dr. Barnes and Dr. Kreiser desire to enter into a contract with the City of Elko to assist with veterinarian services at the Elko Animal Shelter. LASSO reimburses the City for contract veterinarian services. JB B. Review, consideration and possible approval of revisions to the Arts and Culture Advisory Board Bylaws, and matters related thereto. FOR POSSIBLE ACTION The proposed revisions adjust the required quorum to reflect a prior revision which adjusted the board to five persons from seven, address how vacant positions will be advertised and address meeting attendance. SAW C. Review, consideration, and possible action to accept the 2024 Planning Commission Work Program, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission considered a draft 2024 Work Program at their meeting January 2, 2024. They took action to approve the Work Program and forward it to Council for acceptance. CL D. Review, consideration, and possible approval of a List of Appraisers, recommended by the City Manager, for the purpose of conducting appraisals during the 2024 Calendar Year, and matters related thereto. FOR POSSIBLE ACTION January 9, 2024 City Council | Minutes Page 5 of 18  Elko City Code Section 8-1-1 requires the City Manager or designee to compile and submit a List of Appraisers qualified to conduct business in the City of Elko to the City Council on or about January 1st of each year. The Planning Department has developed a list of qualified appraisers interested in conducting business with the City of Elko, and the City Manager has approved the list. CL E. Mayoral designation of City Council members to specific "Liaison" positions within the City of Elko, and matters related thereto. NO ACTION BY COUNCIL REQUIRED Please see attachment for list of Liaison positions. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the consent agenda. The motion passed unanimously. (5-0) VIII. PERSONNEL (Cont.) B. Election of Mayor Pro-Tempore, and matters related thereto. FOR POSSIBLE ACTION Mayor Keener explained Mandy has served at the Mayor Pro Tem for 2 years. She indicated that she would like to continue serving in that capacity. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to appoint Mandy Simons as the Mayor Pro Tempore. The motion passed unanimously. (5-0) C. Review, and acceptance of letter of retirement submitted by City Clerk Kelly Wooldridge, and direction to Staff regarding the City Clerk recruitment, and matters related thereto. FOR POSSIBLE ACTION Kelly Wooldridge, City Clerk, submitted her letter of retirement, to be effective May 2, 2024. A copy of the letter is included in the agenda packet for review. Staff suggests an open/competitive recruitment, allowing for both internal and external candidates to apply simultaneously. This recruitment is expected to take from 90-120 days. Staff suggests appointing a panel to complete initial interviews. Top candidates would then advance to public, in person interviews during a future City Council Meeting for final selection. Staff is requesting direction from the City Council on the recruitment and selection process for the City Clerk position. SS Susie Shurtz, Human Resources Manager, explained we are all very happy for Kelly as she retires. She has worked hard for this and sorry to see her go. We would like direction to fill this position. January 9, 2024 City Council | Minutes Page 6 of 18  First we would like a panel appointed for the selection and interviews. We need to move on this quickly. Mayor Keener asked if we need to name that council member tonight. Dave Stanton answered said they could just state "a City Council Member." Mayor Keener said a few words about working with Kelly. ** A motion was made by Council Member Simons, seconded by Council Member Morris to accept the letter of retirement submitted by City Clerk Kelly Wooldridge, direct Staff to begin an open/competitive recruitment and appoint an interview panel to include the HR Manager, City Manager and one City Council Member. The motion passed unanimously. (5-0) IX. APPROPRIATION A. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants, in the amount of $1,115,242.03. 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 $428,906.27. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval to award the contract (purchase agreement) for the Elko Police Department Armored Vehicle to Terraydne Armored Vehicles Inc for a total of $331,165.00, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has secured a $350,000 grant from the Office of the Military, Division of Emergency Management designated for the acquisition of a new armored rescue vehicle. The grant stipulates that the funds must be utilized by September 30, 2024. During the regular meeting on April 11, 2023, the City Council evaluated proposals from Lenco Industries, LLC and Terradyne Armored Vehicles, Inc. After the review, the City Council voted to award the contract to purchase to Terradyne Armored Vehicles Inc. However, no contract documents were executed following the vote. January 9, 2024 City Council | Minutes Page 7 of 18  Upon scrutinizing the bid documents, it was discovered that not all Federal and State requirements were met, posing a potential risk to the funding for the purchase. Consequently, during its meeting on April 25, 2023, the City Council decided to reject all proposals. The City Council instructed Staff to re-propose the procurement with corrected documents that satisfy Federal and State Requirements. On August 3, 2023, the City of Elko initiated an Invitation to propose for the procurement of the new armored rescue vehicle. The Invitation to propose specified that the City of Elko Police Department would test ballistics protection based on samples provided by the bidders. Note that the failure of the ballistics test may provide a basis for finding the corresponding proposal to be not responsible. Proposals from Lenco Industries, LLC and Terradyne Armored Vehicles, Inc. were opened on September 6, 2023. The Invitation to propose states that the City will award the contract to the lowest responsive and responsible bidder based on the criteria outlined in the proposal Documents. However, both proposals contained elements that did not conform to the Proposal Document requirements and City Council rejected all proposals. An invitation to propose was initiated again and opened on December 29, 2023. Terradyne Armored Vehicles, Inc was the only response. The proposal is determined to be a responsive and responsible proposal. KW Kelly Wooldridge, City Clerk, explained Terradyne's proposal looks great. Terradyne was online if there were any questions. The other company had emailed saying they would not be submitting a proposal. Mayor Keener said staff has spent a lot of time on this one. He thanked everyone for hanging in there. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to award the contract to purchase a new armored vehicle using grant funding from the Office of the Military, Division of Emergency Management to Terraydne Armored Vehicles, Inc. in the amount of $331,165.00. The motion passed unanimously. (5-0) C. Review, consideration, and possible authorization for the creation of a force account for the construction of the Cattle Drive Exit 298 Water Line Project, and matters related thereto. FOR POSSIBLE ACTION At the August 22, 2023 Council meeting, Great Basin Engineering was awarded a contract for the construction of the Cattle Drive Exit 298 Water Line Project. Dirt work has commenced for the project and there are some inconsistencies in the cut and fill material quantities for the project with an excess in cut material. This material needs to be placed and compacted on the tank maintenance road and additional culverts need to be installed. It is undetermined on how much excess material there will be, but it has to be moved and placed to be determined. Staff would like to establish a Force Account of $200,000.00 to January 9, 2024 City Council | Minutes Page 8 of 18  allow for the approval of change orders and bid quantity adjustments set by unit pricing in the contract documents. Prior to any change order approvals, the Contractor will review the proposed changes with Utilities Director and City Manager. Any amounts in excess of the force account would need to come back to City Council for approval. The $200,000.00 force account is approximately 6.3% of the total contract bid. DJ Dale Johnson, Utilities Director, explained we brought a change order in December and took no action on that one. Since then, a lot of this work has been completed and change orders are around $87,000. We just had another reduction of $27,000, leaving the increase at around $60,000. There are some issues with culverts we are working through. He recommended leaving the force account at $200,000. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to authorize Staff the use of a $200,000.00 Force Account for construction change orders and bid quantity adjustments set by unit pricing for the Cattle Drive Exit 298 Water Line Project. The motion passed unanimously. (5-0) X. SUBDIVISION A. Review, consideration, and possible approval of Final Map No. 4-23, filed by Copper Trails, LLC for the development of a subdivision entitled Coper Trails Phase 2 Unit 3 involving the proposed division of approximately 15.393 acres of property into 10 lots for residential development and 1 common lot within the R (Single-Family and Multi-Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located on North of the intersection of Copper Street and Mittry Avenue. The Final map is in conformance with the tentative map. RN Ralph Negron, Development Manager, explained this is a continuation of Copper Trails. He recommended conditional approval. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept , on behalf of the public, the parcels of land offered for dedication for public use in 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 4-23 with findings and conditions listed in the Staff Report dated December 20, 2023 and based on the Planning Commission’s recommendation dated January 2, 2024 and City of Elko Zoning- Section 3-3-25 Modification of Standards. The motion passed unanimously. (5-0) January 9, 2024 City Council | Minutes Page 9 of 18  XIII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 202-day Temporary Packaged Liquor License and issue a regular Packaged Liquor License, to Chad Nelson, Donna Sanker, Trent Edwards, Mark Schnittke, Dimitre Marinov, and Jeremy Schwendiman, DBA Airport Phillips 66, located at 1415 Mountain City Hwy, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten explained this application took so long to approve because the Board of Directors needed to submit the application for the liquor license. They were not all located in the United States. Everything has come back and is good. He recommended approval of the liquor license. Mayor Keener asked if any of them reside in the area. Chief Trouten answered no. He would like to make some changes to the code in the future that would license the manager of the establishment. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to ratify the Police Chief issuing a 202-day Temporary Packaged Liquor License and issue a regular Packaged Liquor License, to Chad Nelson, Donna Sanker, Trent Edwards, Mark Schnittke, Dimitre Marinov, and Jeremy Schwendiman, DBA Airport Phillips 66, located at 1415 Mountain City Hwy, Elko, NV 89801. The motion passed unanimously. (5-0) XII. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 1-24, a Resolution and Order providing for the Elko City General Election to he held November 5, 2024, and matters related thereto. FOR POSSIBLE ACTION The Elko City Council will have two (2) City Councilmember positions open for the election to be held November 5, 2024. The City Election shall be governed by and conducted in accordance with the Elko City Charter, Title 1, Chapter 5 of the Elko City Code, and all applicable laws of Nevada. Candidates for office may declare their candidacy online at https://www.nvsos.gov/SOSCandidateServices/AnonymousAccess/CF/CandidateFiling.aspx, and then pay their $50 fee in person at the Elko City Clerk's Office March 4 - March 15, 2024. KW Kelly Wooldridge, City Clerk, explained this is the regular resolution we do for elections. What is new is candidates will register for office online and then they come in to pay. We may duplicate paperwork a bit to make sure we have it all covered. Mayor Keener noted Mandy Simons has termed out. Clair's seat is up for election and we are all hoping he will file for re-election on this. January 9, 2024 City Council | Minutes Page 10 of 18  ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to adopt Resolution No. 1-24. The motion passed unanimously. (5-0) XIV. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to adopt Resolution No. 17-23, a resolution and order vacating a portion of the Golf Course Road Right-of-Way consisting of an area approximately 6,879 square feet abutting APN 001-560-102 which is located within the City of Elko, Nevada, to the abutting property owner, Boys & Girls Clubs of Elko, Inc., a Nonprofit Corporation, filed and processed as Vacation No. 4-23, and matters related thereto. FOR POSSIBLE ACTION As part of the new Recreation Center development, a vacation of a portion of Golf Course Road will bring the existing Right-of-Way into better alignment with the Right-of-Way north of Cedar Street. It is also consistent with the recent vacation of Golf Course Road on the west side for the recent Elko County property development. CL Cathy Laughlin, City Planner, explained we did a vacation of Golf Course Road to the Child Advocacy Center and the Health Clinic. Now we are looking at the other side of the road. This one is for the property we just conveyed to the Boys and Girls Club. This will give them more buffer for setbacks and landscape. This vacation will narrow down the road a bit and slow down traffic. We are in support of it as long as we do this down the entire block. There are some conditions to be included. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to adopt Resolution No. 17-23 which conditionally approves Vacation 4-23. The motion passed unanimously. (5-0) B. Review, consideration, and possible action to adopt Resolution No. 18-23, a resolution and order vacating a portion of the Golf Course Road Right-of-Way consisting of an area approximately 3,204 square feet, abutting APN 001-560-103 which is located within the City of Elko, Nevada, to the abutting property owner, City of Elko, filed and processed as Vacation No. 54-23, and matters related thereto. FOR POSSIBLE ACTION As part of the new Recreation Center development, a vacation of a portion of the existing Golf Course Road Right-of-Way will bring the Right-of-Way into better alignment with Right-of-Way north of Cedar Street. This is consistent with the vacation of Golf Course Road on the west side for the latest Elko County development. CL January 9, 2024 City Council | Minutes Page 11 of 18  Ms. Laughlin explained there should be one correction in the agenda item. It should read Vacation No. 5-23 instead of 54-23. This is the existing swimming pool parcel from the Boys and Girls Club to the end of the road. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to adopt Resolution No. 18-23 which conditionally approves Vacation 5-23. The motion passed unanimously. (5-0) XI. NEW BUSINESS (Cont.) A. Review, consideration, and possible acceptance of a Grant of Easement for Public Access and Utilities, adjacent to APN 001-560-102, between Boys & Girls Clubs of Elko, Inc., a Nonprofit Corporation, and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Vacation No. 4-23, the City of Elko has requested that a public access and utility easement be granted over the entire portion of Golf Course Road which is proposed to be vacated. CL Cathy Laughlin, City Planner, explained a copy of the Grant of Easement was included in the packet. It has been reviewed by legal. Once the easement is in place, nothing can be built on it and it protects the utilities. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to accept the Grant of Easement for Public Access and Utilities as presented. The motion passed unanimously. (5-0) B. Review, consideration, and possible acceptance of a Deed of Dedication for a public access and utility easement for a portion of Golf Course Road, associated with Vacation 5-23 filed by the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of Vacation 5-23, vacating a portion of Golf Course Road, a public access and utility easement is required for the area proposed to be vacated. This deed of dedication will satisfy the condition with the City of Elko as the Grantor of the dedication. CL Ms. Laughlin explained this is different because it is a Deed of Dedication instead of an easement. Since we own the property and we are vacating this to ourselves, this will dedicate the area as an easement. Mayor Keener called for public comments without a response. January 9, 2024 City Council | Minutes Page 12 of 18  ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the Deed of Dedication for a public access and utility easement for a portion of Golf Course Road. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of Revocable Permit No. 1-23, filed by Gary Chapin, for and on behalf of Creico Enterprises LLC., to occupy +/- 2,608 square feet of North Fifth Street right-of-way adjacent to their parcel located at 2225 N. Fifth Street, to accommodate landscaping for their proposed development, and matters related thereto. FOR POSSIBLE ACTION The applicant is proposing a new industrial building development on his parcel and would like to landscape the area between the existing fence line and the sidewalk to enhance the property. This landscaping is not included as part of the code requirement for landscaping but in addition to it. The applicant does not plan on including irrigation as it will be a decorative rock landscape. CL Ms. Laughlin explained their existing fence is on the property line and there is room there between the property line and the sidewalk. Instead of dirt and weeds, Mr. Chapin would like to landscape that with rock material. He is proposing an industrial development on the parcel and there is a requirement for landscaping for a development like that. This is not part of the code requirement to meet his landscaping. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve Revocable Permit No. 1-23 subject to the execution of a Standard License Agreement between the applicant and the City of Elko. The motion passed unanimously. (5-0) D. Review, consideration, and possible approval to lease a portion of land, approximately 70’x70’ in area at the summit of Elko Snobowl chairlift, to the Elko Television District, including a grant of easement for a power line easement to NV Energy and matters related thereto. FOR POSSIBLE ACTION The Elko Television District is seeking to secure a portion of land at the Snobowl for the installation of a tower and essential equipment. In conjunction with this initiative, NV Energy plans to extend power infrastructure from Mountain City Highway to the specified area, situated near the summit of the chairlift. This will require a utility easement for the power line, which will traverse the Snobowl parcel. The overall design will provide an additional power service for the City of Elko, which at a future date the City of Elko could extend from the mountaintop down to the base. In the City Council motion, the following considerations should be taken into account: January 9, 2024 City Council | Minutes Page 13 of 18  1. Approval of the easement that bisects the property, with consideration of whether compensation for the easement is warranted. 2. Authorization for the staff to formulate a lease agreement, which will subsequently be presented to the City Council for approval. CL Ms. Laughlin said the plan was presented from NV Energy. It was included in the packet. There is a proposed power line from Mountain City Highway. Included in the packet is the tower design presented by Elko Television District. One advantage to the City of Elko is they will be bringing additional service there for the City to tie into for the SnoBowl. One thing to consider is allowing NV Energy to bisect City property with the power line, and also possible compensation to bring power there. Another is having to negotiate with Elko Television District for a lease agreement. Kenny Jimenez, Elko Television District, explained we are requesting NV Energy to bring power to the top of the SnoBowl Ski Lift, which would require an easement onto City property. We would be using the lease area as a communication tower to broadcast over the Adobe Summit area and possibly for cell phones. The City Fire has a lease with them and they would be willing to negotiate the $4,000 annual lease on Lamoille Summit to be expunged by this new lease. Mayor Keener clarified that they would be willing to negotiate this lease to be the same amount as the Fire lease. Mr. Jimenez answered yes. Mayor Keener asked if the TV District have any towers on that range. Mr. Jimenez answered, this will be the only one. Mayor Keener asked what was driver for this. Mr. Jimenez answered currently the existing towers that are to the north of the SnoBowl, they are at max capacity. It will help bring in other companies to have a site at that location as well. Councilman Morris thought it would be a good asset. Mayor Keener asked if it was in the recreation area. James Wiley answered it is away from all of the skiing. The power lines will hover over some of the mountain biking trails but it won't impede anything. It is on the south side of the ski area, where we don't ski. It is a rocky area and may be difficult to build on. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to direct staff to move forward with the negotiation of an easement with NV Energy and the negotiation of a lease agreement with the Elko Television District. January 9, 2024 City Council | Minutes Page 14 of 18  The motion passed unanimously. (5-0) F. Review, consideration, and possible approval of a Performance/Maintenance Agreement for subdivision improvements associated with the Copper Trails Phase 2 Unit 3 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 of Elko 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. RN Ralph Negron, Development Manager, explained this is the standard performance agreement. The engineer's estimate is attached, along with the plans. The applicant has 30 days to sign the agreement. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the Performance/Maintenance Agreement for subdivision improvements associated with the Copper Trails Phase 2 Unit 3 Subdivision and require that the developer enter into the agreement within 30 days. The motion passed unanimously. (5-0) XV. REPORTS A. Mayor and City Council Mayor Keener said it was nice having a month off for meetings. He thanked Kelly Wooldridge for sending out the reminder for the financial reports. There is a community concert coming up next Tuesday. He was at Total Eyecare for an appointment when a school bus pulled up and a bunch of kids filed out and sang Christmas Carols. Councilwoman Simons explained she helps out the kids while they go out and sing Christmas Carols. They do this as a fundraiser. Councilman Stone reported the ECVA has caution tape all around. The mines had asked to have that around the do not walk areas to avoid slips and falls. The tape will come down as soon as the MSHA trainings are done. B. City Manager Jan Baum said she and Dale would like to approach Council about a special meeting regarding the water rate study. It might take a bit, maybe an hour or so. Councilwoman Simons said a special meeting would work best for her. January 9, 2024 City Council | Minutes Page 15 of 18  Councilman Puccinelli asked if the meeting would really only be about an hour. Ms. Baum answered there could be some public input that could make the meeting go longer. Mayor Keener felt a special meeting would be good. Ms. Baum said on the 23rd, she will put an item on the agenda Council can make a motion for the special meeting. C. Assistant City Manager Scott Wilkinson reported we have been unsuccessful in finding any hoteliers interested in providing rooms for cold weather emergencies. His assistant has called all the hotels and there has been no response. The hotel we usually use is doing some renovations and is not available this year. Mayor Keener suggested contacting Underdog Ministries to see if they can help out. Mr. Wilkinson said he would reach out to them but they may be doing something like that to some degree. We need to be careful with fire codes and such when occupying a church. Underdog has been active with the camp already. D. Utilities Director Mayor Keener said there have been some cyber hacks on valves that Israel has made. Do we have any of them? Dale Johnson answered not that he knew of. We usually boycott Israel. Mayor Keener asked if there is a cyber-attack in the water system, can it be manually overridden? Mr. Johnson answered there are protocols in place for when our system gets hacked. We can override manually at each well site and the plant is locked down. E. Public Works Director F. Airport Manager No report. G. City Attorney No report. H. Fire Chief No report. January 9, 2024 City Council | Minutes Page 16 of 18  I. Police Chief Mayor Keener said today is National Law Enforcement Appreciation Day. We appreciate all they do. J. City Clerk No report. K. City Planner No report. L. Development Manager Ralph Negron reported we have been looking at how many vacant lots the City has. Right now, preliminarily, we have 150 vacant lots. Those numbers are very preliminary and a memo will be drafted once we have a solid number. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported we will be opening this weekend at the SnoBowl. There will be lessons and we will see how far we can get going forward. It will be dependent on snow but we will get as many lessons in as we can. The swimming pool is closed and staff is doing maintenance. We ran into a problem with new shower heads that weren't functioning and then the heat exchanger stopped working. We are looking to replace that heat exchanger but the pool opening will be pushed out a couple more weeks. O. Civil Engineer P. Building Official Jeff Ford reported we got the first 2 permits of the Sandvik project out the door. There are 4 more to be issued. It will be a big project. Mayor Keener noted there was some growth for residential permits. Mr. Ford said we have some in for review now. More than we usually have. XVI. COMMENTS BY THE GENERAL PUBLIC January 9, 2024 City Council | Minutes Page 17 of 18  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 6:23 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk January 9, 2024 City Council | Minutes Page 18 of 18