Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS February 13, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, February 13, 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 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 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 Jeff Ford, Building Official III. PLEDGE OF ALLEGIANCE February 13, 2024 City Council | Minutes Page 1 of 16  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 Jim Winer, 2378 Khoury Lane, went over some complaints about the utility installations being done by Anthem in his subdivision. The workers have broken sprinkler heads and lines. They dug out some grass and some areas of his lawn were filled in with gravel. Neighbors have had shrubs killed. The lot next to him has ruts from the equipment being moved. He reached out to Jan Baum, City Manager and received a copy of the franchise agreement for Anthem Broadband. The agreement states that Anthem should repair all public property but what about their properties that have been damaged. Is there something in here that protects the citizens/private property owners from damages? He asked Council encourage that company to go back and fix their damages and next time we do a franchise agreement put a clause in so that they will have to fix damages. Mayor Keener thanked Mr. Winer for bringing that to their attention. He asked Dave Stanton to comment on that. Dave Stanton, City Attorney, said there are a few more things they need to flush out. The Franchise Agreement was meant to protect public property. We will be reaching out to Anthem and work with them to get these issues addressed. Jam Baum, City Manager, said we have received several emails and phones calls regarding these issues, and not just Mr. Winer's subdivision. Lee Hoffman, 1085 Barrington Ave., stated whether or not there is a legal remedy, it seems the full force of the City Council can make a strong request from Anthem to take care of that business. You should put pressure on them. Simon Sanchez, 2202 Villa Dr., said he owns two properties on Villa Dr. and the Anthem people parked their vehicles up against his house but when they left his yard they tore up his lawn and ripped out his sprinklers. He spoke to an employee who told him it was the City's responsibility to repair these damages. Mayor Keener said he would contact the Anthem area manager. Mr. Winer said the vacant lot that was damaged was on Quaid Court. Lee Reierson, 427 s. 6th Street, said Anthem hit his sewer line and didn't do a very good repair on it. He gave them a bill because he had to fix it properly and he has not seen anything yet. The sewer backed into a tenet's place so he had to make the emergency repairs. February 13, 2024 City Council | Minutes Page 2 of 16  Dale Storms, 1375 2nd Street, said he was there to complain about Anthem too and their use of generators. He handed out some paperwork that showed numerous code violations using the generator for this. Mayor Keener thanked him for bringing a solution to this issue. Robert Campbell, 189 Sage Street, agreed with Mr. Storms and added the generator is not even grounded. He has concerns. This is a mining community and we work odd hours. That generator is loud and fires up at all hours of the day and night. There has been no effort to muffle the sound. He hears complaints about the lack of concern from Anthem. Anthem called the police on him and accusing him of shutting off the generator. An Anthem employee had a confrontation with his son in the driveway. We should not allow this company to operate in this community. There is a nice lady that always walks the neighborhood everyday but she has not walked by for a couple of weeks because of that generator. Lostra did the excavation and they did a great job. Anthem doesn't seem to care. City Ordinances are being violated with this generator. Mayor Keener asked how long the generator has been running. Mr. Campbell answered it has been running since February 4th and said this needs to be looked at. ANTHEM GENERATOR COMPLAINT ATTACHMENT V. APPROVAL OF MINUTES A. January 23, 2024 Regular Session, and matters related thereto. FOR POSSIBLE ACTION The minutes were approved by general consent. VI. PRESENTATION A. Presentation by Steve Simpson, Chief Executive Officer, Northeastern Nevada Regional Hospital (NNRH) on the Behavioral Health Unit being constructed at NNRH, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Steve Simpson, Chief Executive Officer, Northeastern Nevada Regional Hospital (NNRH), shared some information on the Behavioral Health Unit. He stated they used to have a Behavioral Health Unit but they faced some issues and closed the unit in 2016. Fast-forward to now and things have changed. The demand for behavioral health services has increased significantly and the number of patients that are transferred from our hospital to behavioral health units is close to 17 patients a month. We are grateful for the City in helping bring this close to a reality. Mayor Keener said he was glad to hear that project is moving forward. Councilman Morris asked if they will have staff here locally. February 13, 2024 City Council | Minutes Page 3 of 16  Mr. Simpson answered they are working to have a medical director that is a psychiatrist and will have oversight on the unit. There will be a nurse practioner/PA that will be onsite. There will also be a program director. B. Reading of a proclamation in recognition of the month of February 2024 as "Beef Month," and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation and presented it to Danielle Sayler from Elko County Cattlewomen's Association. Danielle Sayler, Elko County Cattlewomen's Association, thanked Mayor Keener for the proclamation and presented him with a tri-tip. XI. NEW BUSINESS G. Review, consideration, and possible action to accept the 2023 Annual Report of Planning Commission Activities, and matters related thereto. FOR POSSIBLE ACTION Pursuant to City Code Section 3-4-23, the Planning Commission is required to prepare and present an Annual Report of its activities to Council. On February 6, 2024, the Planning Commission took action to approve the 2023 Annual Report of Planning Commission Activities and forward it to City Council. CL Rachel Randal, Planning Technician, gave a presentation (included in packet). ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the 2023 Annual Report of Planning Commission Activities. The motion passed unanimously. (5-0) VI. PRESENTATION (Cont.) C. 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 February 13, 2024 City Council | Minutes Page 4 of 16  Staff will provide City Council with an update on the abatement orders and the public nuisance. KW Kelly Wooldridge, City Clerk, gave a summary. Regarding the removal of unauthorized persons, we believe that has happened. The security fence is still up and repairs have been made. Security cameras are up and the Police Department has the information to access them. The security services was approved to be their property management company. Vernal Property Management was supposed to submit for background checks and that has occurred. One issue we put in the amended order was that they needed to maintain habitable living conditions. They still do not have their water turned on. They have a tank that is refilled weekly for water. Code enforcement is doing an inspection on that to make sure it follows the amended order. Lastly, they are required to get a City Business License. We have not gotten any information on that since November. They also have not applied for building permits or done any work. VII. CONSENT AGENDA A. Review, consideration, and possible approval of a "Letter of Support" from the Elko City Council to Orla Mining, Company in support of the Orla South Railroad Project, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the consent agenda. The motion passed unanimously. (5-0) VIII. PERSONNEL A. Review, consideration, and possible approval of an adjustment to budgeted positions in the Building Department, and matters related thereto. FOR POSSIBLE ACTION The Building Department currently has two (2) positions which interface directly with the public in the front office; Technical Assistant and Building Permit Technician. Staff is requesting the flexibility to adjust the FY2024 budgeted positions from one (1) Building Permit Technician to two (2) and removing the Technical Assistant position dependent on staffing availability and city needs. Staffing two (2) fully training Building Permit Technicians will allow for consistent coverage for the public and additional internal support for processing building permits. We expect that this change will be beneficial for both internal and external customers. If approved the staff member currently in the Technical Assistant position will be promoted to Building Permit Technician and will begin additional training. SS Susie Shurtz, Human Resources Manager, explained the big difference in the positions is that the Building Permit Technician requires more training and knowledge. We are asking for flexibility so we could recruit for either position if we ever need to go out for recruitment. February 13, 2024 City Council | Minutes Page 5 of 16  Mayor Keener said we are doing what we can to streamline the process. He called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the adjustment in budgeted positions in the Building Department to two (2) Building Permit Technicians. 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 Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $598,151.90. 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 $849,243.43. 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 $761.84. The motion passed unanimously. (5-0) X. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Public Improvements for the Copper Trails Phase 2 Unit 2 Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 11-20 for Copper Trails Phase 2 Unit 2 on January 12th, 2021. A Performance and Maintenance Agreement was entered on January 12th, 2021 and was subsequently extended by 12 months requiring completion of the project by January 14, 2024. The Developer has substantially completed the Public Improvements in accordance with the approved plans with the exception of lot grading and the temporary gravel cul-de-sac at the end of the paved roadway. Due to weather, Staff is recommending a conditional approval of the project. The developer agrees to provide a Performance Bond amount of February 13, 2024 City Council | Minutes Page 6 of 16  $8,924.10 pending completion of the work. The City is in receipt of the required Certification of the project by the Engineer of Record with the exceptions noted above. The maintenance period will begin on the date of Council acceptance of the subdivision improvements. Upon acceptance of the Public Improvements by the Council, the Developer is required to provide maintenance security in the amount of $18,059.24 for a 12-month maintenance period. This bond has already been paid. RN Ralph Negron, Development Manager, explained this is for conditional acceptance for Copper Trails Phase 2, Unit 2. There were a couple of items the contractor could not get completed due to weather. We are seeking conditional acceptance. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conditionally approve the Public Improvements for the Copper Trails Phase 2 Unit 2 subdivision with the noted exceptions of lot grading and completion of the temporary gravel cul-de-sac at the end of the paved roadway and require the developer to post a Performance Bond amount of $8,924.10 ensuring completion of the work. The motion passed unanimously. (5-0) XI. NEW BUSINESS (Cont.) C. Review, consideration, and possible approval of a Contract for custodial services at City Hall, and the Annex Buildings, and matters related thereto. FOR POSSIBLE ACTION The city requires custodial services for City Hall and the Annex buildings to better align the manpower within the facilities department. The proposed contract provides for custodial services 5 days per week at a cost of $150.00 per day. The term of the contract is one year. The contract may be extended with mutual written consent of the parties for one-year increments not to exceed three years beyond the end of the initial one-year term. In the event the term is extended, the prices will increase 5% for each extension period. SAW Justin Alanis, Facilities Superintendent, explained due to some staffing changes, we decided to move forward with a contract for cleaning. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve a Contract for custodial services at City Hall and the Annex Buildings. The motion passed unanimously. (5-0) D. Review, consideration, and possible action to accept the resignation of Catherine Wines from the Arts and Culture Advisory Board and approve advertisement for a replacement member in accordance with the Arts and Culture Bylaws, and matters related thereto. FOR POSSIBLE ACTION February 13, 2024 City Council | Minutes Page 7 of 16  Ms. Wines submitted her resignation from the Arts and Culture Board on February 5, 2024. SAW Scott Wilkinson, Assistant City Manager, explained we regret Catherine's resignation from the board. The Board has been very successful over the years. We are working on getting Catherine here for recognition of her time on the board. Mayor Keener agreed this will leave a big hole. ** A motion was made by Council Member Morris, seconded by Council Member Simons to accept the resignation of Catherine Wines from the Arts and Culture Board and approve advertisement for a replacement member in accordance with the Arts and Culture Bylaws Pleasure of the Council. The motion passed unanimously. (5-0) E. Review, consideration, and possible action to initiate amendments to Elko City Code Title Four Chapter 1 "Business Regulations and License," and matters related thereto. FOR POSSIBLE ACTION The City Clerk's Office has identified the need to amend the Business Licensing and Regulation Code. The City Clerk's Office developed a team of City Employees (to include the City Attorney) that use the code in their day to day jobs to assist in amending the code. Over the last few years, there has also been a number of requests from the public to amend certain areas of the code. This code amendment will require a Business Impact Statement. Once the City Team completes the amendments, the Clerk's Office will present the Business Impact Rule Change and initiation of a Business Impact Statement to City Council. KW Kelly Wooldridge, City Clerk, explained this is something she was hoping to get completed prior to retiring. We will get as far as we can before then. This goes along with the next item and she hopes to send out the Business Impact Statement at the same time. Mayor Keener thanked her for trying to get some of these issues resolved before she leaves. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the initiation of amendments to City Code, Chapter 4, Business Regulations. The motion passed unanimously. (5-0) F. Review, consideration, and possible approval to initiate amendments to City Code Title 4, Chapter 5, Liquor Control Code, and matters related thereto. FOR POSSIBLE ACTION The City Clerks Office, as well as the Police Chief have identified several amendments that are needed to the current Liquor Control Code. The City Clerk's office has developed a February 13, 2024 City Council | Minutes Page 8 of 16  team of City Employees (to include the City Attorney) who work with this code daily, and can assist in identifying and completing the amendments. This code amendment will require a Business Impact Statement. Once the amendments are complete the City Clerks Office will present to City Council the Proposed Rule Changes, and ask to initiate a Business Impact Statement. KW Ms. Wooldridge explained this is the same as the first item. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the initiation of amendments to City Code Title Four, Chapter Five, Liquor Control. The motion passed unanimously. (5-0) H. Review and possible approval of the REVISED CITY OF ELKO AMERICAN RESCUE PLAN ACT FUND DISTRIBUTION POLICY (02/13/2024), and matters related thereto. FOR POSSIBLE ACTION City Council approved the City of Elko American Rescue Plan Act Fund Distribution Policy on May 10, 2022. On May 23, 2023 Council updated the water infrastructure project priorities. The City of Elko American Rescue Plan Act Fund Distribution Policy needs to be updated to reflect the updated priorities. Both the redlined changes to the original policy and clean copy of the policy are included in the packet for review. JB Jan Baum, City Manager, explained this was a house keeping item. We have not updated the policy to reflect the updated priorities that were approved in May 2023. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the REVISED CITY OF ELKO AMERICAN RESCUE PLAN ACT FUND DISTRIBUTION POLICY (02/13/2024). The motion passed unanimously. (5-0) XII. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 03-24, a resolution setting Elko Regional Airport Security Badging, Media Fees, and maters related thereto. FOR POSSIBLE ACTION The Elko Regional Airport is requesting a fee schedule for the purpose of issuing airport access media to all users of the facility. Airport issued access media is currently required to enter the airport operations area of the airport and certain parts of the terminal area. At this time fees are not collected for these badges. The airport currently covers all expenses out of the operating budget. Once we upgrade Elko Regional Airport Security, Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI) will require certain types of background checks to gain access. The fees presented will cover the February 13, 2024 City Council | Minutes Page 9 of 16  expenses related to processing Fingerprint based Criminal History Records Checks (CHRC), conducting Security Threat Analysis (STA), printing identification media, providing the correct training, and ensuring continuous positive control over airport access. JF Jim Foster, Airport Manager, explained we offer media cards to gain access to the airport. At this time, we cover the costs associated with issuing media cards. He compared fees at other airports (hand out). Mayor Keener asked if the administration of this would be handled by his staff. Mr. Foster answered yes. We will have to provide additional training. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve adopt Resolution No. 03-24. The motion passed unanimously. (5-0) BREAK XIV. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action on Resolution No. 2-24, a resolution and order vacating a portion of Dotta Drive Right-of-Way consisting of an area approximately 834 square feet adjacent to APN 001-033-006, which is located within the City of Elko, Nevada, to the abutting property owner, Dennis S. Lipparelli & Kerry Lipparelli, trustees of the Dennis S. Lipparelli Family 1991 Trust, filed and processed as Vacation 6-23, and matters related thereto. FOR POSSIBLE ACTION NRS 278.480 states "If the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated." This particular division of land created an extra-large bulb out on Dotta Drive adjacent to this parcel. Vacating the excess Right-of-Way will bring the property line in alignment with the existing back of sidewalk. CL Cathy Laughlin, City Planner, explained the request. When the subdivision was created, it was designed with a large bulb-out at the end of Dotta Drive. There is a large area from the existing property line to the back of the sidewalk. This is not needed since the City will not be relocating the sidewalk back. This is a conditional approval. Mayor Keener called for public comments. Robert Wines, representing the owners of the adjacent parcel, said they have an existing easement. They need an easement on the property so they can have access across the parcel. He looked at the maps and this goes as planned, they will not oppose the vacation. February 13, 2024 City Council | Minutes Page 10 of 16  Ms. Laughlin said they are proposing an easement over part of the vacation for that access. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to adopt Resolution No. 2-24 which conditionally approves Vacation 6-23. The motion passed unanimously. (5-0) XII. RESOLUTION AND ORDINANCE (Cont.) B. Review, consideration and possible approval of Resolution No. 04-24 a resolution to introduce a lost parking ticket fee and increase the daily parking fee at the Elko Regional Airport, and matters related thereto. FOR POSSIBLE ACTION The existing parking rate at the Elko Regional Airport stands at $7.00 per day. Through Resolution 04-24, staff is proposing an increase to $10.00 per day. Furthermore, staff is proposing the introduction of a lost ticket fee set at $70.00. Parking fees at the airport have remained unchanged since 2010. JF Jim Foster, Airport Manager, explained we have been wanting to make this change for some time. We didn't want the users to feel we were increasing the fees because we bought a new system. We looked around to see what other area airports charge for their parking fees (attached). Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to adopt Resolution No. 04-24. The motion passed unanimously. (5-0) XIII. PETITION, APPEAL, AND COMMUNICATION A. Consideration of an appeal from Mr. Lee Reierson regarding unpaid water bills associated with properties located at 444 S. 4th Street, two (2) properties at 468 S. 4th Street, and 799 Wilson in Elko Nevada, and matters related thereto. FOR POSSIBLE ACTION A letter has been provided by Mr. Lee Reierson for your review. CQ Mayor Keener recused himself and left the room. Candi Quilici, Finance Manager, explained Mr. Reierson is requesting service credit on 3 mobile home units and one house dwelling. We did some research and found staff has billed the properly with the documentation provided. Lee Reierson said he sold this property about 10 years and had to repo the properties due to nonpayment of the balloon payment. Many of the residences were in deplorable conditions without February 13, 2024 City Council | Minutes Page 11 of 16  utilities. He made several trips to the dump cleaning up and he waited for water bills to come. He went to the water department and explained he had not been getting any bills. When you repossess properties, the previous owners won't explain the condition of things. This has been a learning situation. When he sold the properties, it was all in livable conditions. The properties were not maintained. He has turned a lot of it around. He didn't know you needed to fill out a form for vacant rentals. He was hoping to get a few months back on the utilities for places that were not used. Dave Stanton, City Attorney, explained the City Council can only grant waivers if there is a process in the code for granting a waiver. He sees some 2 different things here. First, we need to establish if Mr. Reierson was the legal owner at the time. The other thing is if the request for vacant properties was filed on time. It looks like the City can’t grant a waiver in this case. Mayor Pro Tem Simons asked Mr. Reierson when he filed the paperwork that he was the new owner. Mr. Reierson answered it was filed October 2nd. He didn't realize you needed to file paperwork for an exemption that these properties were not usable. He signed the water applications in November. He came in because the water bills didn't arrive. Jan Baum said the reason there is a vacancy affidavit is because this property is on a flat rate billing. The affidavit was not turned in until one month after the change of ownership. Mr. Reierson said he has been working to get the houses cleaned up. The destruction is unbelievable. He just wants credit for a couple of months for property that has not been occupied. Ms. Quilici reiterated that we were not informed of the change of ownership until November. Mayor Pro Tem Simons asked what amount we are talking about. Ms. Quilici answered it is 8 units at $88.41 each. We did bill for one month for all of the units. Mr. Reierson said he was paying for 2 months, October and November. Councilman Puccinelli said when he read through this, he felt for Mr. Reierson. It seems that the previous owner is the one he should be going after. If we do this, we might set a precedence. Anyone can come up and say it was unoccupied and they need a credit. This is not our fault. Bottom line, you are the responsible party. He felt it was hard to give the credit. Mr. Reierson said when you repossess a property, the previous owner does not work with you. These properties were an eyesore to the community. Mayor Pro Tem Simons said we don't know when these properties are vacant unless you fill out the form. That is the purpose. Mr. Stanton said there is no mechanism to give the credit retroactively. Councilman Stone thanked him for being a great landlord all those years but there is no option here. February 13, 2024 City Council | Minutes Page 12 of 16  ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to deny the appeal from Mr. Lee Reierson regarding unpaid water bills associated with properties located at 444 S. 4th Street, two properties at 468 S. 4th Street and 799 Wilson in Elko, Nevada. The motion Passed. (4-0 Mayor Keener abstained.) XI. NEW BUSINESS (Cont.) A. Review, consideration, and possible acceptance of a Grant of Easement for public utility and drainage, adjacent to APN 001-033-006, between Dennis S. Lipparelli & Kerry Lipparelli, Trustees of the Dennis S. Lipparelli Family 1991 Trust, Dated December 6, 1991 and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Vacation 6-23, the City of Elko has requested that a public utility and drainage easement be granted over the entire portion of the Dotta Drive Right-of-Way, which is proposed to be vacated by Resolution No. 2-24. CL Cathy Laughlin, City Planner, explained this is the first grant of easement out of two that we spoke about. This will be for the entire area that is being vacated. With this easement, they can't build on it. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the Grant of Easement for public utility and drainage as presented. The motion passed unanimously. (5-0) B. Review, consideration, and possible acceptance of a Grant of Easement for public access, adjacent to APN 001-033-006, between Dennis S. Lipparelli & Kerry Lipparelli, Trustees of the Dennis S. Lipparelli Family 1991 Trust, Dated December 6, 1991 and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Vacation 6-23, the City of Elko has requested that a public access easement be granted over a portion of the Dotta Drive Right-of-Way, which is proposed to be vacated by Resolution No. 2-24. This will extend an existing access easement allowing access to the adjacent parcel. CL Ms. Laughlin explained this will be to gain access to the adjacent property owner. Robert Wines wanted to make sure the easement is perpetual. February 13, 2024 City Council | Minutes Page 13 of 16  Dave Stanton, City Attorney, answered an easement is an interest in land for these purposes. This Council cannot bind future City Council's. If a future City Council decides to do something different with this land, we can't bind them with this. Betti Magney, 1150 Dotta Drive, asked what happens when we sell. What will the new owners need to do? Mr. Stanton answered this easement will be recorded and should pop up when you do a search on the Elko County Recorder's website. If it is not on your property it can still be looked up. Ms. Laughlin stated she can add their APN to the easement so it will show up. Robert Wines requested that on their behalf. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to accept the Grant of Easement for public access as presented with the addition of the APN of the Magney's property. The motion passed unanimously. (5-0) XV. REPORTS A. Mayor and City Council Mayor Keener said he met with Senator Cortez-Masto's Rural Rep last week and went over what is going on in Elko. They will have some of the documents forthcoming on the contract for the Amtrak Station. He met with Senator Rosen's staff and it sounds like communities that have never applied for funds before, have a better chance of getting the funding. Regarding NV Energy, he met with some executives and they support aviation in Elko and we can lean on their lobbyist. There is a meeting happening Feb 27 regarding the crickets. Amanda Hilton is the new Nevada Mine Association chief. He will be meeting with her to talk about aviation. It sounds like we should have a meeting agenda item with Anthem to make sure they will take care of problems. B. City Manager Jan Baum said that cricket meeting is the same day as our Council Meeting. C. Assistant City Manager Scott Wilkinson said regarding Anthem, he views them as unresponsive to staff at this time. We send them emails and we don't get a response. He just sees excuses from them. He doesn't hold out much hope that Anthem will agree to fix these issues unless he have leverage over them. Councilwoman Simons said the mines were instrumental in getting Anthem out here. Mr. Wilkinson does not have a contact at NGM. February 13, 2024 City Council | Minutes Page 14 of 16  Mayor Keener said he would reach out to NGM. Mr. Wilkinson said he has had conversations with Dave Stanton for months now, going over strategies to make this franchisee step up and do what is right for the community. Mayor Keener asked if CC Communications is still doing a build-out in Elko? Mr. Wilkinson answered yes, they are still active in Elko. We just have not seen the same issues with their contractor. We are so leery of Anthem's contractor that we have our City staff watching what they do around our infrastructure. D. Utilities Director No report. E. Public Works F. Airport Manager No report. G. City Attorney Dave Stanton said he has been dealing with the Anthem issue for a while now. He is hopeful that we can work something out where Anthem will agree with the City. There are a number of different routes in dealing with Anthem but he hoped they would cooperate with us. H. Fire Chief No report. I. Police Chief No report. J. City Clerk No report. K. City Planner No report. L. Development Manager February 13, 2024 City Council | Minutes Page 15 of 16  No report. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley said we wrapped up our season at the SnoBowl and it went well. We have started preparing for spring sports. The weather outlook looks pretty good so far. O. Civil Engineer P. Building Official No report. XVI. 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 wanted to make everyone aware that this Friday at 7:00 pm at Stockmen’s, there will be a public meeting regarding Question 3 on the ballot this year. It will change the election process if it passes again. There being no further business, Mayor Reece Keener adjourned the meeting at 6:37 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk February 13, 2024 City Council | Minutes Page 16 of 16