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Regular Meeting

Regular Meeting

Elko, NV · February 27, 2024

AgendaPacketMinutes

Minutes

City of Elko ) County of Elko ) State of Nevada ) SS February 27, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, February 27, 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 Joel Finley, Deputy Fire Chief Julie Davis, Financial Services Director III. PLEDGE OF ALLEGIANCE February 27, 2024 City Council | Minutes Page 1 of 15 IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. V. APPROVAL OF MINUTES A. Possible approval of the February 13, 2024 Regular Session Minutes, and matters related thereto. FOR POSSIBLE ACTION The minutes were approved by general consent. VI. PRESENTATION A. Presentation by the Mayor in recognition and appreciation to Ms. Catherine Wines, Chairperson of the Arts and Culture Advisory Board for 15+ Years, and matters related thereto. INFORMATION ONLY- NON ACTION ITEM Mayor Keener presented Catherine Wines with a plaque in appreciation of all the work she has done while on the Arts and Culture Advisory Board. Catherine Wines thanked Council for the recognition. She enjoyed her time serving on the board. She still has a passion for public art but felt 15 years was long enough on the board. She is proud of everything the board has been able to accomplish. She thanked Scott and Kim for working behind the scenes with her. Scott Wilkinson, Assistant City Manager, thanked Catherine for her dedication and work. VII. PERSONNEL A. Employee Introductions: 1. Shane Braden, WRF Technician, WRF The new employee was present and introduced. VIII. APPROPRIATION A. Review and possible approval and/or Ratification of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the regular warrants in the amount of $599,871.88. February 27, 2024 City Council | Minutes Page 2 of 15 The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the hand-cut checks in the amount of $323,747.31. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the utility refunds in the amount of $442.09. The motion passed unanimously. (5-0) IX. NEW BUSINESS A. Review, consideration and possible action to revoke street cut Permit 2634 issued to Anthem Broadband for its failure to comply with Title 8, Chapter 2 of City Code, and matters related thereto. FOR POSSIBLE ACTION Anthem Broadband of Nevada LLC (Anthem) is in the process of installing a fiber network throughout the City subject to a Franchise Agreement dated September 24, 2020. In accordance with the Franchise Agreement, Anthem was issued street cut Permit 2634 on October 7, 2021, permitting Anthem to cut or excavate within public rights-of-way and public easements within the City limits subject to compliance with Title 8, Chapter 2 of the City Code. Staff believes that Anthem has failed to comply with City Code Section 8-2-7 (Construction Standards) and Section 8-2-10 (Repair of Public Roads and City Street Cuts). Staff further believes that Anthem is not in compliance with Section 4.5(a) of the Franchise Agreement; that issue may come before Council at a future date. Title 8, Chapter 2 of the City Code and the Franchise Agreement both require Anthem to install, construct and maintain its infrastructure in a good and workmanlike manner. SAW Scott Wilkinson, Assistant City Manager, explained City Staff, Mayor Keener, Nevada Gold Mines (NGM) and another company, CTC Technology & Energy (CTC), had a meeting last Thursday. They advised on NGM's involvement on this project and a timeline for the project. As a result of that meeting, there was a higher level of comfort that the project will proceed in a more orderly manner. The issues we have seen over the last year will be addressed. Communications with Anthem have been improved since the meeting. Representatives from NGM will give a presentation on the project. He is leaning towards not taking any action on this tonight, but there will be the presentation, public input and discussion first. Kevin Sessions, NGM Head of Projects, stated they have partnered with CTC and Anthem on this project. He introduced Javier Greedy, CTC, who will handle the oversite of the project, and Chad Shanks, General Manager Anthem Broadband of Nevada. Mr. Sessions said CTC is a third party inspection company. They are being used to give NGM assurance that Anthem is doing the job to the quality standards they are expecting. He gave a presentation (attached). February 27, 2024 City Council | Minutes Page 3 of 15 Mayor Keener called for public comments. Jim Winer, 2378 Khoury Lane, said he felt this was great, however, he does not see a commitment to the properties that have already been damaged. He would like to see a commitment from Anthem to go back to the neighborhoods they have already been to and check for damages and make those repairs. Mayor Keener asked Mr. Sessions to address that concern. Mr. Sessions said he would like to have the team look at the best way to address that. There are some issues but other concerns will not come to light until it warms up. Jim Kelly, 2359 Khoury, said he has decorative rock in his yard that was dug up and the rock underneath was placed on top of the decorative rock. There is gravel that was never cleaned up. Mr. Winer said there were several citizens at the last meeting that are not here now. He asked that their information be given to this team. Pedro Ormaza, 777 Oak Street, spoke about damages to his property in front of Cooks (attached). There is a place at Pine and Juniper where they left a hole. He would like it filled with something until it can be repaired properly. Hold them to the same standards that the contractors are held to. Jocelyn Deguzman, 2383 Khoury Lane, said Anthem dug by the sidewalk but she doesn’t know the impact to their sprinklers yet. Mayor Keener said he was involved in the meeting with Anthem Broadband, CTC, NGM and City Staff. He came back feeling better about the situation. He is in favor of letting them continue on with the close supervision of CTC. It was shared in the meeting that they hope to get the construction completed in July. Are there any plans to go around town with City staff to close out the project? Mr. Sessions answered that is an option but they don't plan to leave the area until the project is completed. If there are any areas of concern, bring them to his attention. Mayor Keener asked if that would be beneficial. Mr. Wilkinson answered he thought it was necessary. There was a slide on their presentation that showed areas that were already closed out. There may be issues we don't know about since most of this is underground and may not show up for some time. He wanted to go back and look at areas that have been completed to address any deficiencies. He would like them to include City Staff at the close out. We need an update on what still needs to be done. Kelly Wooldridge, City Clerk, stated the contractors and the subcontractors do need to get a City of Elko business license. Mayor Keener asked about the concrete to repair the sidewalks. February 27, 2024 City Council | Minutes Page 4 of 15 Mike Lostra, Lostra Builders, stated there have been some concerns about compaction. We are compacting the dirt and the work is being checked. The concrete mix design is approved by the City. Anthem has confidence in their work and they are reporting the work at the monthly meetings. We have been using door hangers since August. Javier Greedy, CTC, said they have replaced 389 sidewalk panels in the City. They are providing a list to Lostra Construction on a weekly basis. Regarding business licenses, we have been addressing that and letting all the contractors know about that. We don't have any contractors in the City right now that do not have a business license. Mayor Keener said the citizens appreciate the improved internet as a result of this project. Councilman Morris felt better about it now. He has faith in the contractor. Councilman Puccinelli said before this new information came out, he was upset about this. He thinks these assurances and commitment to make repairs will help as long as we continue on this. Councilwoman Simons agreed. Councilman Stone said if this doesn't improve then we will have to take other measures. Mr. Winer said life is about live and learn. He asked the City, in the future, to require this level of communication and commitment before the project begins. It should never have gotten to this point. NO ACTION B. Review, consideration, and possible approval of amendments to the Ruby View Golf Course Advisory Committee By-Laws, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Committee met on February 23, 2023 to consider amending the By-Laws specific to Article II, Section 1 "eligible members shall be residents of the City of Elko". The committee recommends amending the By-Laws Article II, Section1 to the following, "eligible members shall be residents of Elko County". JW James Wiley, Parks and Recreation Director, explained the advisory board had a meeting last week to discuss this. The recommendation is to amend the by-laws. After COVID there was a discussion about making a board requirement that a member had to be a resident in the City of Elko. We made the change but since then we have had one member move away and another one pass away. We have been looking to get new members but have not found anyone interested. To him it would make sense to open this up to County residents since the Golf Course serves members of the county. Mayor Keener called for public comments. Dave Stanton, City Attorney, spoke about residency requirements. In order to justify residency requirements, you need to have a finding that shows a reason for it. Maybe there should not be a residency requirement at all. February 27, 2024 City Council | Minutes Page 5 of 15 Councilman Morris said he was at the meeting last Friday and the one person that applied for a position would do a good job. He lives in Spring Creek and coaches the kids at Elko High School. Councilman Puccinelli felt it should include the County because it serves all of Elko County. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve and amend the Ruby View Golf Course Advisory Committee's By-Laws associated with Article II, section1 regarding residency requirements for eligible members. "Eligible members shall be residents of Elko County" with the finding that members of the whole county make use of the golf course, understand the needs of the golf course, and those residing in the county are in the best position to understand the needs of the golf course. The motion passed unanimously. (5-0) C. Review, consideration, and possible appointment of 2 members to the Ruby View Golf Course Advisory Committee, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Committee currently has two vacancies, one representing Junior Golf and one representing the Men's Association. Staff has received two letters of interest from individuals who wish to serve on the committee. The letters of interest have been included in the agenda packet for Council review and consideration. Committee By-Laws state that vacancies occurring otherwise than through the expiration of the term shall be filled for the duration of the expired term. The terms for these two vacancies will expire on December 31, 2025. JW Mr. Wiley said we had a recruitment open for some time and we got two people interested in the position. He is happy to see their interest in serving on the board. He recommended appointment. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to appoint Collin Oke as a member to the Ruby View Golf Course Advisory Committee as a representative for Junior Golf and appoint Chris Torres as a member to the Ruby View Golf Course Advisory Committee as a representative for the Men's Association. The Term for these appointments will expire on December 31, 2025. The motion passed unanimously. (5-0) D. Review, consideration, and possible acceptance, of a Deed of Dedication from the National Historic California Emigrant Trails Interpretive Center Foundation to the City of Elko for City of Elko Hot Hole Improvements, and matters related thereto. FOR POSSIBLE ACTION The National Historic California Emigrant Trails Interpretive Center Foundation has requested that the City accept, for dedication, improvements including signage, reader boards 184 feet of decorative fencing installed by the foundation at the geothermal site, February 27, 2024 City Council | Minutes Page 6 of 15 known as the Hot Hole, located on city property adjacent to the west end of Bullion Road. SAW Scott Wilkinson, Assistant City Manager, explained there was an error on the Deed of Dedication and he recommended the motion note the change. Kevin Lee, National Historic California Emigrant Trails Interpretive Center Foundation, went over the project. This idea came about to provide another site to bring people. The old fencing wasn't appealing so it was replaced with decorative fencing. Mayor Keener said he uses that point as a turnaround for bike rides. He does see visitors out there checking out the site. Mr. Lee said another part of the project was to provide signage to the hot holes. ** A motion was made by Council Member Simons, seconded by Council Member Stone to accept a Deed of Dedication from the National Historic California Emigrant Trails Interpretive Center Foundation to the City of Elko for City of Elko Hot Hole Improvements and note there is a correction to the APN. It should be APN 001-690-028. The motion passed unanimously. (5-0) E. Review and possible designation of an independent auditor to prepare the annual audit for the City of Elko for Fiscal Year ending June 30, 2024, pursuant to NRS. 354.624, and matters related thereto. FOR POSSIBLE ACTION Each year the City is required to designate an independent auditor prior to March 31 of the year in which the audit is to be conducted. The City put out Requests for Proposals for auditing services for a period of five years in February 2022, and awarded the RFP to HintonBurdick, PLLC. The City of Elko is in the third year of the 5-year contract. JD Julie Davis, Financial Services Director, explained we are in the third year of a five-year contract. She was not aware of any issues. She recommended approval. Mayor Keener said as far as he knows, everyone has been satisfied with their work. He called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve HintonBurdick, PLLC as the City of Elko's independent auditors for the fiscal year ending June 30, 2024, in an amount not to exceed $63,300. The motion passed unanimously. (5-0) F. Review, consideration, and possible authorization for Staff to submit project funding requests for Community Project Funding (CPF), also known as the FY2025 Congressional February 27, 2024 City Council | Minutes Page 7 of 15 Directed Spending (CDS), through the Federal Senate Appropriations Committee, and matters related thereto. FOR POSSIBLE ACTION Members of Senator Rosen’s office met with Mayor Keener and Staff on Tuesday February 13, 2024 to discuss FY2025 Congressionally Directed Spending (CDS) available for local, state, and Tribal Governments to fund specific projects in Nevada. The City Manager received an email on February 20, 2024, with information that the grant application cycle is open and the application deadline is March 20, 2024. With the tight timeline Staff is requesting authorization to submit applications and present Council with detail on the applications at a later council meeting. JB Jan Baum, City Manager, explained we would like to put together some projects for this application. Mayor Keener said he went through the guidelines. After reading the guidelines, it didn't sound as nice as when it was explained to them. Ms. Baum said she had not looked at all the guidelines and we need to make sure this won't handcuff the City for several years, before we accept any grants. Councilwoman Simons said she looked through it too and some requirements seemed hard. ** A motion was made by Council Member Morris, seconded by Council Member Simons to authorize Staff to submit project funding requests for Community Project Funding (CPF), also known as the FY2025 Congressional Directed Spending (CDS), through the Federal Senate Appropriations Committee. The motion passed unanimously. (5-0) X. UNFINISHED BUSINESS A. Updated Presentation, discussion and possible direction to Staff regarding the City of Elko System Modernization and Water/Sewer Rate Study performed by The Shpigler Group, and matters related thereto. FOR POSSIBLE ACTION A Water System Modernization and Rate Study was presented on January 23, 2024 by The Shpigler Group. City Council asked for additional analysis based on current number of meter pits already within the city infrastructure and the cost of installing and purchasing additional meters and meter pits. The Shpigler Group updated the presentation with the requested information and will present to council. DJ David Shpigler gave a presentation (attached). Mayor Keener thanked him for the presentation. We have been watching the costs of the operation of the water system outpacing the revenue growth. It became necessary to look for solutions. We also have some mandates coming down as well. He likes what he has seen so far. He asked if Jan could speak as to how the agenda item is worded. February 27, 2024 City Council | Minutes Page 8 of 15 Jan Baum, City Manager, answered the way it is worded, Council would give staff direction to come forward with different scenarios on how to implement this at the next meeting. Mayor Keener called for public comments. Lee Hoffman, 1085 Barrington Ave., said he was not sure what to say after this presentation. He felt this was like being at a School Board meeting where he was being told there were no options. There are choices. He is not against modernization and raising rates because you do have to fund the system appropriately. He encouraged Council to consider all the options. Scott Gavorski, 878 2nd Street, said in the tree streets, they have wide or shared water systems. He was assuming as part of this, would the City be responsible for splitting those shared systems. Jim Kerr, Water/Sewer Superintendent, said the City would be on the hook to separate those. Councilman Puccinelli said he heard someone talking about this where one tap was serving 15 residences. Mr. Kerr said we find surprises like that once in a while. Mr. Hoffman said the agenda was talking about an inventory and he didn't see any numbers there. He was handed a copy of the presentation. Ms. Baum said Mr. Johnson has received some emails regarding the NRS requirements. Dale Johnson, Utilities Director, stated we received an email reviewing the NRS's referenced in the letter. Mayor asked what are the implications with doing nothing with our system other than increasing the rates. Mr. Johnson answered the main thing is to have a plan in place. DWR will tell us we need an audit. Mayor Keener said there were comparable communities in a previous presentation. Are those other communities moving towards meters? Mr. Johnson answered we are one of the last communities in Nevada that is not metered. Mayor Keener asked how accurate is the measurement of the water consumption in communities that are metered. Mr. Shpigler answered the older mechanical meters will wear down. You will get different accuracy on the older meters. The digital meters are about 99.9% accurate. They are also very easy to bench test. February 27, 2024 City Council | Minutes Page 9 of 15 Mayor Keener closed public comments and opened it up to board discussion. He was surprised we are one of the last communities that is not metered. Councilman Stone said this is important and we need to get the community involved with this decision. Councilman Morris said we just went through a major deal with our infrastructure being torn up by a contractor. If the City staff is doing this, then he would not have a problem. But we would put this out to bid and we have to accept the lowest responsive bidder. He was worried about causing the same problems with tearing up people's yards and sidewalks. He hates the state telling us what to do. Councilman Puccinelli thanked Mr. Shpigler for his presentation. He doesn't like being told what to do but it is inevitable. He is on a flat rate. We can help everyone with incentivizing going to a meter. We do have good service right now but if we don't take care of it then we won't keep the good service. Councilwoman Simons didn't feel we were at a 100% "have to." We do have to address the rates and prepare a conservation plan. We know at some point, everyone will have to be on meters. How will we accomplish these things? Maybe incentives are the way. Taking advantage of the Drinking Water funds from the state may be a great option. There are options. We need to come back with different ways to achieve these goals that will be the best for the citizens. Jim Kerr, Water/Sewer Superintendent, said a meter pit install will be much less invasive than what we are dealing with on the fiber. In most cases, it will be a small area behind a concrete tile. The biggest concern is getting concrete poured back in a timely manner. Mr. Shpigler said the comment related to going to the lowest cost bid, he always urges his clients to not automatically go with the lowest bid. You need to talk to other communities and see how those contractors worked for them. Going with the lowest bid always has bad results. He urges the Council to start applying for the state funds, and start putting bids out for the project. That will help us get the ball rolling and start gathering information. Councilman Stone stated we need to get staff to come up with some ideas to get the community in on this. Mr. Wilkinson said we have heard some comments regarding Anthem, and we should put that in context. We don't have any direct authority over Anthem's contractors. When we bid out this project, we will have direct authority over the contractors. Mayor Keener said it is unprecedented for a provider, a franchisee, to be unresponsive when we are inquiring. He asked regarding the sewer fund, if there is water conservation going on, what does that do to the revenues in the sewer fund. Mr. Shpigler answered the sewer fund will not change. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to accept the report as presented from Shpigler Group, and direct staff to bring back recommendations for rate changes and modernization. February 27, 2024 City Council | Minutes Page 10 of 15 The motion passed unanimously. (5-0) Ms. Baum thanked Mr. Shpigler for the presentation. BREAK B. 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. FOR POSSIBLE ACTION 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. KW Kelly Wooldridge, City Clerk, reported after the last meeting she notified the owner he was in violation of the order. Code enforcement went out with police and found no running water. She called the owner and advised him that If they are found in violation of the order the amended order would be reversed and they would be required to hire a security firm. The water has been paid and as of today, turned on. She was told he has hired a local contractor but would not tell her who. Lina Blohm said what happens in our downtown area is important to us that are neighbors. She asked that the City be more proactive instead of reactive. She realizes the City is restricted that the City can only do so much. The RDA was established to eliminate blight. We have become a city of chain-link fences. What kind of impression are we giving the public when we have all these chain-link fences. Are we proud of this? So what can we do to be more proactive? How much more do we need to accept? Mayor Keener said we all get it but City Code does not anticipate that an investor is going to purchase a functioning property and run into the ground like it has. He wished we could see progress down there. Councilwoman Simons asked if there is some correlation with paying taxes and a business license. Ms. Wooldridge answered no. We are in the process of changing the code if you want to include that. Dave Stanton, City Attorney, said the issue gets to be whether the City can get into the business of enforcing a state requirement. The City can't go too far. That is something that is on the table and we will be discussing that tomorrow. February 27, 2024 City Council | Minutes Page 11 of 15 Jim Winer said there are few remedies in Code. Has the City looked at other Cities that have had this issue and find out how they handled it? We need ordinances and teeth to deal with this. Coldwell Banker has had to lock their doors many times over safety concerns. Ms. Wooldridge said that after working for the State and then the City, she has learned that the it is State that keeps us from holding people's feet to the fire. There are things we cannot do as a criminal offense because of the new State laws, so it becomes a civil penalty. Communities need to advocate at the state level to be able to do anything about these issues. Councilman Stone said when they start bringing in their plans, what will it be? Will it be a half-way house or a motel? There will be a fight down the line if we don't do something now to make it a positive place. Cathy Laughlin, City Planner, said they cannot be converted to apartments because they won't meet the parking requirements. XI. RESOLUTION AND ORDINANCE A. First Reading of Ordinance No. 889 amending Title 8 Public Ways and Property, Chapter 12 Telecommunication, Section 32 Construction Standards, and matters related thereto. FOR POSSIBLE ACTION Ordinance No. 889 corrects a typographical error that altered the intention and significance of the construction standards for private property in the telecommunication code. In Section 0: Restoration of Improvements: Upon completion of any construction work, the permittee shall promptly repair any and all public and (provide) private property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction. The word provide is being replaced with the word private. KW Kelly Wooldridge, City Clerk, explained this was a typographical error we found when we were researching the Anthem issues. This is an important issue that needs to be addressed. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conduct first reading of Ordinance No. 889 and direct Staff to set the matter for public hearing, second reading, and possible adoption. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council February 27, 2024 City Council | Minutes Page 12 of 15 Mayor Keener said there was a great community concert last week. Their last concert of the season will be March 19. He reminded everyone that election filing will run from March 4 through March 15. The next meeting will also have an RDA meeting at 3:00 pm. Councilwoman Simons asked when the barricade was put up at the old bank building, she thought there was a timeline on it. Jan Baum answered it was supposed to be temporary and there was going to be some landscaping. She was going to check with the County. Councilman Stone reported the ECVA awarded marketing funds to all but one entity that applied. B. City Manager No report. C. Assistant City Manager No report. D. Utilities Director Jim Kerr reported we had the pre-bid meeting for the ARPA Elko Mountain project on Monday. The room was full of contractors. E. Public Works F. Airport Manager No report. G. City Attorney No report. H. Fire Chief No report. I. Police Chief No report. J. City Clerk February 27, 2024 City Council | Minutes Page 13 of 15 Kelly Wooldridge reported that per the Secretary of State, candidates will need to file online but they can also come in and we can assist the candidates in filing online. The candidates will have to come to the Clerk's Office to pay. Councilman Stone asked if Senator Rosen will be here on Friday. Mayor Keener answered yes, one of her representatives would be here. K. City Planner No report. L. Development Manager Ralph Negron reported he attended the Mormon Cricket meeting earlier. They will start the cricket survey in May. When the crickets start emerging, they will start doing aerial sprays and granule spreading. They are asking the public notify them when the crickets start showing up. He got some information that he will distribute tomorrow. People are concerned on how they can work with the City or County to protect properties. M. Financial Services Director No report. N. Parks and Recreation Director Mayor Keener said the golf course looks great. O. Civil Engineer P. Building Official Absent. 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 Lina Blohm, 495 Idaho Street, said she will not let up on the chain-link issue. It is not good. It is unsightly. It doesn't belong in our downtown. She will be relentless. We can come up with other solutions. February 27, 2024 City Council | Minutes Page 14 of 15 There being no further business, Mayor Reece Keener adjourned the meeting at 6:29 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk February 27, 2024 City Council | Minutes Page 15 of 15

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, February 27, 2024 at 4:00 P.M., P.S.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/873868757 You can also dial in using your phone: +1 (408) 650-3123 Access code: 873-868-757 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 A.M., P.S.T. Thursday, February 22, 2024 Posted by: Kim Wilkinson, Administrative Assistant The public may contact Kim Wilkinson by phone at (775) 777-7110 or email at kwilkinson@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 22nd day of February, 2024 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 Avenue, Elko, Nevada, 89801, or by calling (775) 777-7110. Jan Baum, City Manager Elko, Nevada February 27, 2024 Elko City Council Page 1 CITY OF ELKO REGULAR MEETING AGENDA CITY COUNCIL MEETING TUESDAY, FEBRUARY 27, 2024, 4:00 P.M., P.S.T. ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLEGE AVENUE, ELKO, NV 89801 HTTPS://OB.ELKOCITYNV.GOV/ONBASEAGENDAONLINE HTTPS://MEET.GOTO.COM/873868757 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. Possible approval of the February 13, 2024 Regular Session Minutes, and matters related thereto. FOR POSSIBLE ACTION VI. PRESENTATION A. Presentation by the Mayor in recognition and appreciation to Ms. Catherine Wines, Chairperson of the Arts and Culture Advisory Board for 15+ Years, and matters related thereto. INFORMATION ONLY- NON ACTION ITEM VII. PERSONNEL A. Employee Introductions: 1. Shane Braden, WRF Technician, WRF February 27, 2024 Elko City Council Agenda Page 2 of 6 VIII. APPROPRIATION A. Review and possible approval and/or Ratification of Warrants, and matters related thereto. FOR POSSIBLE ACTION IX. NEW BUSINESS A. Review, consideration and possible action to revoke street cut Permit 2634 issued to Anthem Broadband for its failure to comply with Title 8, Chapter 2 of City Code, and matters related thereto. FOR POSSIBLE ACTION Anthem Broadband of Nevada LLC (Anthem) is in the process of installing a fiber network throughout the City subject to a Franchise Agreement dated September 24, 2020. In accordance with the Franchise Agreement, Anthem was issued street cut Permit 2634 on October 7, 2021, permitting Anthem to cut or excavate within public rights-of-way and public easements within the City limits subject to compliance with Title 8, Chapter 2 of the City Code. Staff believes that Anthem has failed to comply with City Code Section 8-2-7 (Construction Standards) and Section 8-2-10 (Repair of Public Roads and City Street Cuts). Staff further believes that Anthem is not in compliance with Section 4.5(a) of the Franchise Agreement; that issue may come before Council at a future date. Title 8, Chapter 2 of the City Code and the Franchise Agreement both require Anthem to install, construct and maintain its infrastructure in a good and workmanlike manner. SAW B. Review, consideration, and possible approval of amendments to the Ruby View Golf Course Advisory Committee By-Laws, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Committee met on February 23, 2023 to consider amending the By-Laws specific to Article II, Section 1 "eligible members shall be residents of the City of Elko". The committee recommends amending the By-Laws Article II, Section1 to the following, "eligible members shall be residents of Elko County". JW C. Review, consideration, and possible appointment of 2 members to the Ruby View Golf Course Advisory Committee, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Committee currently has two vacancies, one representing Junior Golf and one representing the Men's Association. Staff has received two letters of interest from individuals who wish to serve on the committee. The letters of interest have been included in the agenda packet for Council review and consideration. Committee By-Laws state that vacancies occurring otherwise than through the expiration of the term shall be filled for the duration of the expired term. The terms for these two vacancies will expire on December 31, 2025. JW D. Review, consideration, and possible acceptance, of a Deed of Dedication from the National Historic California Emigrant Trails Interpretive Center Foundation to the City of Elko for City of Elko Hot Hole Improvements, and matters related thereto. FOR POSSIBLE ACTION February 27, 2024 Elko City Council Agenda Page 3 of 6 The National Historic California Emigrant Trails Interpretive Center Foundation has requested that the City accept, for dedication, improvements including signage, reader boards 184 feet of decorative fencing installed by the foundation at the geothermal site, known as the Hot Hole, located on city property adjacent to the west end of Bullion Road. SAW E. Review and possible designation of an independent auditor to prepare the annual audit for the City of Elko for Fiscal Year ending June 30, 2024, pursuant to NRS. 354.624, and matters related thereto. FOR POSSIBLE ACTION Each year the City is required to designate an independent auditor prior to March 31 of the year in which the audit is to be conducted. The City put out Requests for Proposals for auditing services for a period of five years in February 2022, and awarded the RFP to HintonBurdick, PLLC. The City of Elko is in the third year of the 5-year contract. JD F. Review, consideration, and possible authorization for Staff to submit project funding requests for Community Project Funding (CPF), also known as the FY2025 Congressional Directed Spending (CDS), through the Federal Senate Appropriations Committee, and matters related thereto. FOR POSSIBLE ACTION Members of Senator Rosen’s office met with Mayor Keener and Staff on Tuesday February 13, 2024 to discuss FY2025 Congressionally Directed Spending (CDS) available for local, state, and Tribal Governments to fund specific projects in Nevada. The City Manager received an email on February 20, 2024, with information that the grant application cycle is open and the application deadline is March 20, 2024. With the tight timeline Staff is requesting authorization to submit applications and present Council with detail on the applications at a later council meeting. JB X. UNFINISHED BUSINESS A. Updated Presentation, discussion and possible direction to Staff regarding the City of Elko System Modernization and Water/Sewer Rate Study performed by The Shpigler Group, and matters related thereto. FOR POSSIBLE ACTION A Water System Modernization and Rate Study was presented on January 23, 2024 by The Shpigler Group. City Council asked for additional analysis based on current number of meter pits already within the city infrastructure and the cost of installing and purchasing additional meters and meter pits. The Shpigler Group updated the presentation with the requested information and will present to council. DJ B. 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. FOR POSSIBLE ACTION 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 February 27, 2024 Elko City Council Agenda Page 4 of 6 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. KW XI. RESOLUTION AND ORDINANCE A. First Reading of Ordinance No. 889 amending Title 8 Public Ways and Property, Chapter 12 Telecommunication, Section 32 Construction Standards, and matters related thereto. FOR POSSIBLE ACTION Ordinance No. 889 corrects a typographical error that altered the intention and significance of the construction standards for private property in the telecommunication code. Section 0: Restoration of Improvements: Upon completion of any construction work, the permittee shall promptly repair any and all public and (provide) private property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction. The word provide is being replaced with the word private. KW XII. REPORTS A. Mayor and City Council B. City Manager C. Assistant City Manager D. Utilities Director E. Public Works Director F. Airport Manager G. City Attorney H. Fire Chief I. Police Chief J. City Clerk K. City Planner L. Development Manager February 27, 2024 Elko City Council Agenda Page 5 of 6 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 February 27, 2024 Elko City Council Agenda Page 6 of 6

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