Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS March 12, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, March 12, 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 III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC March 12, 2024 City Council | Minutes Page 1 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 Lee Hoffman, 1085 Barrington Ave., said there is a group that is seeking to start a charter school in Elko. We applied a year ago and were not successful in getting the charter last year. One thing that would be helpful to us is to get a letter of support from the City. They are looking for letters that say this is a good idea and this is how we will help. For the City, maybe you can offer field trips to different City Departments. We would really appreciate support from the City and anyone else that will help. V. APPROVAL OF MINUTES A. Approval of Minutes February 27, 2024 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Permitting updates on the Robertson Project Mine by the Nevada Gold Mines Permitting Team, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Tamara Baker, Permitting Manager from Nevada Gold Mine, gave a presentation (attached). Alyssa Wood, Community Relations for Barrick North America, finished the presentation. B. Presentation by Artist Eric Dowdle regarding a possible commissioned Art Project showcasing Elko's history in art, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM David Hailing said he works with the artist, Eric Dowdle. He gave a presentation. Mayor Keener said he was intrigued with the video. He thinks this is something that warrants some consideration. He felt this should go to the Arts and Culture Advisory Board. Scott Wilkinson, Assistant City Manager, said that board meets the first Wednesday of the Month. Mayor Keener said he was thinking about some exciting things about our community and what he could suggest to them to include. Mr. Hailing noted some landmarks they found that would be interesting for it. He will reach out to the Arts and Culture Advisory Board. VIII. PERSONNEL March 12, 2024 City Council | Minutes Page 2 of 18  A. Review, consideration, and possible authorization to designate David Lockie, as Municipal Judge Pro Tempore pursuant to NRS 5.023, effective March 12, 2024, and matters related thereto. FOR POSSIBLE ACTION Pursuant to NRS Paragraph A (Members of the State Bar of Nevada) Judge Randall Soderquist, and Judge Bryan Drake are requesting Council consideration to add retired attorney David Lockie, Bar #2384, to the panel of Municipal Judges Pro Tempore pursuant to NRS 5.023 (1)(a). A letter from Judge Soderquist and Judge Drake have been enclosed in the agenda packet for review. JB Judge Soderquist said historically the municipal court has relied on Senior Judges to cover. We are asking that we allow David Lockie as a Judge Pro Tem with Senior Judge Feasel retiring. Mayor Keener asked if there will be a budgetary impact. Judge Soderquist answered there will be no impact. There is already a budget in place. ** A motion was made by Council Member Stone, seconded by Council Member Morris to designate David Lockie as Municipal Judge Pro Tempore pursuant to NRS 5.023, effective March 12, 2024. The motion passed unanimously. (5-0) VI. PRESENTATION (Cont.) C. Review, consideration, and direction to Staff regarding the Fiscal Year 2024/2025 Budget, inclusive of The General and Governmental Funds, and matters related thereto. FOR POSSIBLE ACTION Julie Davis gave a presentation. Mayor Keener asked to move back to page 11. Public Safety looks to be 52% in 2024 and jumps up to 55% in 2025. Historically they have been about 49% of the General Fund. He wondered why they are going up. Ms. Davis noted 2024 has ARPA expenditures but there are also increased overtime charges. Jan Baum, City Manager, added there are positions that are open that are budgeted for. The Police has quite a few openings. They have wage increases and COLAs. The overtime is really high the last two years. Mayor Keener asked what the CPI was in January 2023. Ms. Davis answered it was over 6% and 5% was granted. We are looking for guidance that is listed on the last page. Decisions do not have to be made today. They can be made in April, as well. We will bring Enterprise Funds separately. March 12, 2024 City Council | Minutes Page 3 of 18 Mayor Keener asked about the proposed police addition. Chief Trouten said we have storage at the Fire Station that the FAA has stated will need to be taken down. We need to move the stuff in that storage. Mayor Keener called for public comments without a response. Councilwoman Simons asked about the cleanup of the Union Pacific property. Does the price we are looking at include the clean up or do we still need to do that? Ms. Baum answered this would be the price we would pay for the easement. It would not include the cleanup. Councilman Stone agreed with the COLA percentage proposal. Councilman Puccinelli liked the second option for GEMT funds. Ms. Baum said the Union Pacific item is something to keep in mind. If we do come to an agreement with Union Pacific and they came with a price we could afford, we would bring it to Council. There are some clean up issues with that. They have gotten some environmental letters saying they have done some work. Scott Wilkinson, Assistant City Manager, stated on the west side, they did do some clean up. They have a No Further Action letter from NDEP. On the east side, they are working with Al Park. Based on our experience as a City, we have had to go back after a No Further Action letter and do more work. There is an area that appears to have 100's of cars on it. We don't know what is in the ground there. There is risk in acquiring the right-of-way. Mayor Keener said it is key to acquire this to connect Manzanita with Silver Street. Mr. Wilkinson said we don't know when we will make the payment. It may get pushed out depending on the timeline. NO ACTION XII. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action on Resolution No. 5-24, a resolution and order vacating a portion of West Main Street Right-of-Way consisting of an area approximately 7,973 square feet adjacent to APN 001-675-001, which is located within the City of Elko, Nevada, to the abutting property owner, 1355 W Main Elko LLC., filed and processed as Vacation 1-24, 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." The March 12, 2024 City Council | Minutes Page 4 of 18  properties on both sides of West Main Street have been developed as well as the street infrastructure. CL Cathy Laughlin, City Planner, explained Exhibit B was shown on the overhead. It shows what is proposed to be vacated off W. Main Street. This parcel was developed as part of the Peterbilt facility across the street. It has a truck wash on it. We don't believe the City will not be materially injured if we vacate this. The roadway is still wide enough for travel lanes. Mayor Keener asked if this was within the RDA. Ms. Laughlin answered it is not. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to adopt Resolution No. 5-24 which conditionally approves Vacation 1-24. The motion passed unanimously. (5-0) B. Second reading, public hearing, and possible adoption of Ordinance 889, an ordinance amending Title 8 Public Ways and Properties, Chapter 12 Telecommunications, Section 32, Construction Standards and other matters related thereto. FOR POSSIBLE ACTION First reading was conducted on February 27, 2024. No public comments have been received. This ordinance corrects a typographical error that substantially changed the meaning in the Construction Standards. On the original ordinance passed in 2000 in section "O" the word "provide" is changed to "private." KW Kelly Woodridge, City Clerk, explained she still had not received any comments since the agenda was posted. Mayor Keener said this is cut and dry. He called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve second reading, public hearing and adoption of Ordinance 889. The motion passed unanimously. (5-0) VII. CONSENT AGENDA A. Review, consideration, and possible approval of revisions to the Arts and Culture Advisory Board Bylaws, and matters related thereto. FOR POSSIBLE ACTION March 12, 2024 City Council | Minutes Page 5 of 18  The proposed amendments address circumstances in which the board lacks a Chairperson and Vice Chairperson allowing for meetings to be called and elections to be held. The amendment also requires elections annually rather than odd numbered years. SAW ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the consent agenda. 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 $404,616.42. 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 $75,252.16. 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) B. Review, consideration, and possible authorization for Staff to apply for Federal Aviation Administration Grant # AIP 3-32-0005-05-060/061-2024 Rehabilitate Air Carrier Terminal Apron Phase II construction, and matters related thereto. FOR POSSIBLE ACTION On April 11, 2023, Council was asked to reject all bids, due to the lack of funding for the proposed project. Staff along with airport consultants have been working on alternatives, and cost reducing measures for the replacement of the current terminal ramp. Staff is requesting authorization to re-apply for FAA AIP Grants #60 & #61. Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. This project will be funded with available AIP entitlement funds and FAA discretionary funds (AIP-60), and available BIL AIG funds (AIP- 61). The FAA will issue two grants to cover the project. FAA Funds will pay for 93.75% of the FAA eligible section of the project. JF Jim Foster, Airport Manager, explained we are asking for authorization to apply for these grants again. The last time we did this, the bids came in at double what the engineer's estimate was. The grant March 12, 2024 City Council | Minutes Page 6 of 18 funding cycle is coming up and we want to get all the funds available. We still have the entitlement rollovers from the previous year. We have been allocated discretionary money to help offset the total cost. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to authorize Staff to apply for FAA Airport Improvement Program Grant # 3-32-0005-060-2024 and # 3-32-0005-061-2024. The motion passed unanimously. (5-0) X. UNFINISHED BUSINESS A. Possible action on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, including: (A) direction to Staff on the order to abate the nuisance (as amended), to include possible abatement by the City; (b) possible reversion to the requirements set forth in the August 30, 2023 order for failure to provide adequate security on the property; (C) possible direction to the City Attorney to commence an action for imposition of a civil penalty in accordance with NRS 268.4124; and (D) possible amendments to the abatement order 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 by taking action in the following categories: 1. Removal of Unauthorized Persons 2. Security Services 3. Security Fence 4. Security Cameras On October 24, 2023, the City Council amended the abatement order by permitting the property owner to utilize Vernal Real Estate Partners, LLC, a Utah limited-liability company, to provided security services instead of a licensed security service in the State of Nevada. The amended order provides that the City Council may cause Subpart 2 (Security Services) of the abatement order to revert to the requirements set forth in the August 30, 2023 order upon a finding that Vernal Real Estate Partners, LLC failed to provide adequate security on the property. On March 6, 2024 the Elko Police Department SWAT Team performed a raid on the property. Based on the results of this raid, Staff is requesting Council to consider the following: (A) direction to Staff on the order to abate the nuisance (as amended), to include possible abatement by the City; (b) possible reversion to the requirements set forth in the August 30, 2023 order for failure to provide adequate security on the property; (C) possible March 12, 2024 City Council | Minutes Page 7 of 18  direction to the City Attorney to commence an action for imposition of a civil penalty in accordance with NRS 268.4124; and (D) possible amendments to the abatement order. Jan Baum, City Manager, said Council has been very patient and provided an amended order allowing the property owner to not have to provide 24/7 security. Based on the raid performed on March 6, the team they have put together is not providing the best security at the property. The main property manager was arrested. Chief Trouten has some input as well. Mayor Keener asked who was online for the property owner. Kelly Wooldridge, City Clerk, answered Keith Warburton the property owner and Shawn Hammond. She asked what Mr. Hammond's title was. Shawn Hammond said he is a consultant for the property. Chief Trouten pointed out the time and effort the City has put forth working with this entity. There was a basic simple requirement to allow Vernal Real Estate to provide security, and that was to send their employee to the Police Department to complete a background check. The person that did come down to get a background check was surprised he needed to do that. This person is also a person of interest in an ongoing narcotics case. It was illuminating... the search warrant. The search warrant was for the entirety of the Elko Inn property. One thing concerning is there is no improvement. In fact, it is worse. People reside in this building. It seems we have the fox guarding the hen house. He has no faith in this company. While we were down there, the number of people thanking us for finally doing something. Even the person delivering the mail. The security needs to be a licensed security company to end the problems with this property. Mayor Keener called up Michael Hanely. Michael Hanley, Deputy City Attorney, said he would prepare the complaint and participate with the court hearing. Mayor Keener asked Mr. Warburton what he had to say. Keith Warburton said he thought we had the security going well at the property. We would have taken action if he had been aware of it. He felt like we met the conditions. The only one we have not met was the water. The pipes are damaged from the freezing temps we had last year. We would love to get a building permit going. We have gone in and have tried to do that. We can't get a business license and can't get a building permit until we have one. We need a solution to get the property restored. Mayor Keener said it is a complete dumpster fire that has consumed an undo amount of City resources. To compound things, Mr. Warburton was also behind on the taxes more than a year. Kelly Wooldridge, City Clerk, said she met with Mr. Hammond and Jeff Ford, City Building Official, and you do not need a business license to get a building permit. You need a licensed contractor in the State of Nevada to get a building permit. March 12, 2024 City Council | Minutes Page 8 of 18 Mr. Warburton said he did hear that. Locals do not want to touch the project. Darin is getting his general contractors license in the State of Nevada. Ms. Wooldridge reminded Mr. Warburton that he will need his plans to come and get a permit. Mr. Warburton asked if they could get a demolition permit to remove some old toilets and carpet. Scott Wilkinson, Assistant City Manager, answered you can get your demolition permit but it needs to be a licensed contractor. It is a commercial property so any work done to that property needs to be done by a licensed contractor. Mayor Keener said we have heard the complaints from the public. Things did die down before they bubbled up again. He called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to; First, Ville 837, LLC, the property owner, is hereby ordered to further abate the nuisance at 837 Idaho Street by boarding-up all doors, broken windows and other openings that permit entry into the buildings on the property by unauthorized persons. This must be completed within five (5) business days. For purposes of securing the property with boards, employees of Ville 837, LLC are permitted on the property for the next five (5) business days. Second, the property owner is further ordered to remove all persons located on the property, except as follows: Members of Ville 837, LLC, are permitted to enter upon the property for any lawful purpose that does not contribute to the nuisance or interfere with the abatement thereof. In addition, individuals or companies who are properly licensed in the State of Nevada and the City of Elko to perform security services, or to conduct repairs, construction or demolition on the property, are allowed on the property for the purpose of conducting those activities to the extent permitted under their respective licenses. The property owner is reminded that City of Elko building permits are required for any major repairs or construction on the property. Third, the October 24, 2023 amendment to the abatement order that permitted the property owner to utilize Vernal Real Estate Partners, LLC, a Utah limited-liability company to provide security services instead of a licensed security service in the State of Nevada, is hereby revoked. The abatement order shall revert to the requirements set forth in the August 30, 2023 abatement order on the ground that Ville 837, LLC has failed to provide adequate security on the property. Fourth, the City Attorney is hereby directed to commence a civil action against Ville 837, LLC pursuant to NRS 268.4124, which gives the district court the authority to order to the City to secure and close the property if the court finds that a chronic nuisance exists and that emergency action is necessary to avoid immediate threat to the public health, welfare or safety. The NRS also provides for a civil penalty, until the nuisance is abated, of up to $750 per day for nonresidential property, authorizes the court to order the owner to pay the City for the cost incurred in abating the condition, and gives the court discretion to order any other appropriate relief. The City Attorney shall have discretion to manage the litigation in the best interests of the City. March 12, 2024 City Council | Minutes Page 9 of 18 Dave Stanton, City Attorney, suggested adding demolition to the second paragraph of the motion. Councilwoman Simons agreed and amended the motion. Mr. Warburton asked if his employees could come out to board up the property. Mr. Stanton answered a license was not required for that. Members of the LLC does not mean employees. You want to expand that paragraph to include employees. Councilwoman Simons agreed and amended the motion. Mr. Wilkinson clarified the employees could not stay at property. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval for water system modernization, to include implementing a plan for city-wide meter installation, leak detection, smart pumping and asset management, and matters related thereto. FOR POSSIBLE ACTION On February 27, 2024 City Council approved the System Modernization and Rate Study presented by The Shpigler Group. The presentations demonstrated the positive financial and water conservation impacts of implementing a city-wide meter installation program. Staff is requesting approval from council on implementing a city-wide meter installation plan to include leak detection, smart pumping and asset management modernization. This plan will include exploring financing through the State Revolving Fund (SRF). DJ Dale Johnson, Utilities Director, gave a presentation. Mayor Keener said it looks like we are left behind when we consider our neighbors. What are the implications if we do nothing? Mr. Johnson answered we will continue to overuse and waste water. We will have to increase water restrictions. Our pumping capacity is putting a strain on the system. The accuracy of billings will not be good. We will have water right issues with the State as well. The State can pull water rights as need be. Jan Baum, City Manager, added that the metered customers will continue to pay for the flat rate customers. Also, when the State comes in and says we have to be metered, we will have a tighter timeline. Councilwoman Simons said we are going to have to do this. She would love to see this implemented but be generous on the years. People need to know that this is coming. Councilman Stone thought it was inevitable. He agreed with the 4-5 years. We need to get this out to the public to be prepared. March 12, 2024 City Council | Minutes Page 10 of 18 Councilman Puccinelli said one word stood out and it was SYSTEM. We have been fortunate with a good system. If it goes down, we will be in trouble. We need to modernize our system. Councilman Morris said we have been operating in the red. He agreed with 4-5 years for completion. We need to make changes to the flat rates in the meantime. Mayor Keener said the consultant has 4 years for implementation. Did Mr. Johnson agree with it? Mr. Johnson answered it is a good starting point. We still need to go through the RFP process. It might take us the rest of this year to do that. We may not start rolling this out until next spring at the earliest. Mayor Keener asked if this would put a lot of strain on his department. Mr. Johnson answered yes, of course. Councilman Morris understood it would be hard on the employees but he would prefer the Water Department handle the installs. Mr. Johnson said that might be possible. Councilwoman Simons said we talked about the homeowner paying for the meter but someone else doing the install. Mr. Johnson answered that is how the meter grant program worked. David Shpigler said there is no requirement to lock in how long it will take. The immediate goal would be to begin the process of developing the specifications and creating an RFP that can be put out to the vendor community. After we select a vendor, we should work with the vendor to develop the best way to roll this out. How long this takes can vary and the City of Elko has some flexibility. Jan Baum had a conversation with Andy Artusa regarding the SRF funding. There are some requirements that once you are awarded the funding you have so long to use it. Usually 36 months. Mayor Keener called for public comments. Lee Hoffman, 1085 Barrington Ave., said it is appropriate to move forward with this. He wanted clarification on what Council is approving tonight. He assumes many specific items will come back to the board for approval. Councilwoman Simons asked Ms. Wooldridge to show the last page of the presentation. That showed specifically what was being asked for. ** A motion was made by Council Member Simons, seconded by Council Member Stone to direct staff to develop a water system modernization plan, including implementing a plan for city-wide meter installation, and implement leak detection, smart pumping and asset March 12, 2024 City Council | Minutes Page 11 of 18 management modernization. This plan will include exploring financing through the State Revolving Fund (SRF) Program. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of water rate increases and initiate a business impact statement and maters related thereto. FOR POSSIBLE ACTION On February 27, 2024 City Council approved the System Modernization and Rate Study presented by The Shpigler Group. The presentations demonstrated that the current water rate structure is sufficient to satisfy requirements based on accounting standards, but the cash generation of the fund will fall far short of the operating needs. The Shpigler Group presentation included scenarios for the City of Elko on water rate increases as well as overall system modernization. Staff is requesting direction and approval from council on water rate increases. DJ Mr. Johnson introduced David Shpigler to give a presentation. David Shpigler, Shpigler Group, gave a presentation. Mayor Keener asked which scenario did he favor. Mr. Shpigler answered either 3 or 4 would be his recommendation. Mayor Keener said as members of this board, we are all customers of the Elko Water Department. We are all impacted by these agenda items. He opened it up for public comments. Councilman Puccinelli said scenario 4, it says there is a capital fee. But below it says the capital fee will go away. Mr. Shpigler said once the individuals move to a meter, the capital fee will drop off. Jan Baum, City Manager, said these are just examples. You can mix and match and do what you feel is best. Scott Gavorsky, 878 2nd Street, said looking at scenarios, he thought you may get less pushback with scenario 4. Councilman Puccinelli said looking at the whole system, he liked 3 and 4. He is even more willing to incentivize. Councilman Stone said the customers will want to know how much these meters are going to cost? We need to get this information out there. He was not a fan of the capital fee. Mayor Keener thought a rate increase of 20% was more palatable than 30%. March 12, 2024 City Council | Minutes Page 12 of 18 Councilwoman Simons said the key to this will be communication. Councilman Stone suggested putting this out to people with the actual dollar amount the rates will be increasing. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve increasing water rates in the following increments: Flat Rate Customers - 20% increase, Meter Rate Customers - 10% increase, Flat Rate Customer capital fee (monthly) $5 and Metered Customer capital fee (monthly) $0 effective July 1, 2024 and direct staff to proceed with the Business Impact Statement process. The motion passed unanimously. (5-0) XI. NEW BUSINESS A. Updated Boys & Girls Club Recreation Center Presentation and request for monetary contribution or construction participation for review, consideration, and possible approval, and matters related thereto. FOR POSSIBLE ACTION The Recreation Center being constructed by the Boys & Girls Club of Elko is progressing. This presentation will give City Council an update on the project. In addition, The Boys & Girls Club of Elko is requesting either a monetary contribution or construction participation from the City of Elko in order to complete the entire project as presented. JB Jan Baum, City Manager, stated Rusty Bahr asked this be tabled until the next meeting. NO ACTION B. Review, consideration, and possible authorization to appoint Ms. Sharon Owen to the Arts and Culture Advisory Board, and matters related thereto. FOR POSSIBLE ACTION At the February 13th Council meeting, Staff was authorized by Council to advertise one (1) vacant position on the Arts and Culture Advisory Board. A letter has been received from Ms. Sharon Owen expressing her interest in serving on the Board. Ms. Owen's letter has been placed in your packet for your review. SAW Scott Wilkinson, Assistant City Manager, recommended appointing Ms. Sharon Owen to the board. ** A motion was made by Council Member Simons, seconded by Council Member Stone to appoint Ms. Sharon Owen to the Arts and Culture Advisory Board. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of Parcel Map 1-24, filed by Lostra Enterprises, LLC, including a Modification of Standards under Section 3-3-25 of city code March 12, 2024 City Council | Minutes Page 13 of 18  for proposed parcel 2 reducing the minimum lot width from 60 feet to 30 feet as required under Section 3-2-5(G) of city code, and matters related thereto. FOR POSSIBLE ACTION Subject properties are located on the north side of Court Street between 9th Street and 11th Street (APNs 001-241-033 and 001-241-034). The proposed parcels are zoned (RO) Residential Office district. One parcel is a professional office building and the other is undeveloped. Approval of the Parcel Map requires a Modification of Standards for the reduced minimum lot width from 60 feet to 30 feet as required under Section 3-2-5(G) of city code for proposed parcel 2. The approval process requires both the Planning Commission consideration and recommendation and, ultimately, City Council approval. RN Ralph Negron, Development Manager, recommended conditional approval. He went over the conditions for the parcel. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to conditionally approve Parcel Map 1-24 including a Modification of Standards under Section 3-3-25 of city code for proposed parcel 2 reducing the minimum lot width from 60 feet to 30 feet as required under Section 3-2-5(G) of city code based on facts, findings, and conditions as presented in the Staff Report dated January 30, 2024 The motion passed unanimously. (5-0) D. Review, consideration, and possible acceptance of a Grant of Easement for public utilities, adjacent to APN 001-675-001, between 1355 W Main Elko LLC. and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Vacation 1-24, the City of Elko has requested that a public utility easement be granted over the entire portion of the West Main Street Right-of-Way, which is proposed to be vacated by Resolution 5-24. CL Cathy Laughlin, City Planner, explained with the Resolution 5-24 that we just heard, there was a condition of approval that the applicant grant an easement over the area that was being vacated. It has been reviewed by Mr. Stanton. This is industrial zoned and would have a large set-back and cannot build on top of that easement. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to accept the Grant of Easement for public utilities as presented. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval to submit Drinking Water State Revolving Fund applications for any wells that may need remediation or reconstructed due to PFAS contamination, and matters related thereto. FOR POSSIBLE ACTION March 12, 2024 City Council | Minutes Page 14 of 18  The DWSRF loan process is open for applications. Staff is requesting approval to submit applications for PFAS remediation and reconstruction because as at least one of the city wells is above the MCL. DWSRF has 100% principal forgiveness loans for PFAS. Any funds accepted through a loan would not have to be paid back. DJ Dale Johnson, Utilities Director, explained the loan group is Drinking Water State Revolving Fund. We have a couple wells that have PFAS contamination detection. It will be expensive to remediate the contamination. PFAS are forever contaminates. Allowed limits are being lowered and the new rules will be in place soon. Once the rules are in place, we will have to start treatment. We are trying to get ahead of that by doing something now. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve to submit Drinking Water State Revolving Fund applications for any wells that may need remediation or reconstruction due to PFAS contamination The motion passed unanimously. (5-0) F. Review, consideration, and possible approval of an excavation permit for 2120 Idaho Street under Section 8-2-6 of Elko City Code, and matters related thereto. FOR POSSIBLE ACTION Elko City Code Section 8-2-6 requires that except in an emergency, if a permittee wishes to excavate within a street or paved alley that is five (5) years old or less, the permittee must receive City Council approval prior to excavation. In granting approval for a new excavation permit pursuant to this section, the City Council may place any conditions on the permit it determines are reasonably necessary to protect the City streets. An upgrade to the water service is needed in support of a tenant improvement proposed by Community Health Elko. The street cut will occur on Manzanita Lane in an area where street improvements were completed in 2021. Staff is not recommending any special conditions for the issuance of a street cut permit. PA Paul Algerio, Street Superintendent, explained we are looking for approval to cut into this 3-year old road for expanding the water line to the building. Mayor Keener said they invested a lot of money in the facility. We need to do what we can to help them. He called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve an excavation cut permit for 2120 Idaho Street under Section 8-2-6 of Elko City Code. The motion passed unanimously. (5-0) March 12, 2024 City Council | Minutes Page 15 of 18  G. Review, consideration, and possible approval of an excavation permit for 1520 Silver Street under Section 8-2-6 of Elko City Code, and matters related thereto. FOR POSSIBLE ACTION Elko City Code Section 8-2-6 requires that except in an emergency, if a permittee wishes to excavate within a street or paved alley that is five (5) years old or less, the permittee must receive City Council approval prior to excavation. In granting approval for a new excavation permit pursuant to this section, the City Council may place any conditions on the permit it determines are reasonably necessary to protect the City streets. An extension of the gas service is needed in support of a new development currently under construction at 1520 Silver Street. The street cut will occur in an area where street improvements were constructed in 2021. Staff does not recommend any special conditions for the issuance of a street cut permit. The requirements for the patch back will be coordinated by the street department under the street cut permit. PA Mr. Algerio explained this is the same thing but a larger project. This is the extension of gas line and will be about 490 feet. The patch back will be a little more extensive. This is out to the Sandvik project. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve an excavation cut permit for 1520 Silver Street under Section 8-2-6 of Elko City Code. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener was delighted that Councilman Morris has re-filed for another 4 years on City Council. He has been a terrific board member. Councilwoman Simons will be gone at the next meeting. There is a Thursday Elko County Rec Board meeting that he will not be present for. There was a meeting with Amodei's office regarding Section 18, the need for secondary access to Elko from Spring Creek, and crickets, and the Union Pacific acquisition. It was a productive meeting. B. City Manager Jan Baum thanked staff members that stepped up to help during the train derailment. C. Assistant City Manager March 12, 2024 City Council | Minutes Page 16 of 18 Scott Wilkinson said we had a lot of staff that spent a lot of time on the train derailment. Chief Johnston will look at ways to improve our response. D. Utilities Director No report. E. Public Works F. Airport Manager Jim Foster reported his vacation was nice. Staff handled the weather issues while he was gone. Enterprise Truck started service at the airport March 1st. They have had a positive response. G. City Attorney No report. H. Fire Chief Mayor Keener thanked Chief Johnston for sending out the incident summary on the train derailment. I. Police Chief No report. J. City Clerk Kelly Wooldridge reported the candidate filings are still open until Friday at 5:00 pm. K. City Planner No report. L. Development Manager No report. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley said we are planning on being open at the Golf Course on Monday for walking only, along with the restaurant, bar and pro shop. March 12, 2024 City Council | Minutes Page 17 of 18  Mayor Keener thought it might be nice to have Rick and Jon come in and give a plan on the operations and let the board know what is going on up there. Mr. Wiley stated he would reach out to them to be at the next meeting. The Parks and Recreation Board meeting will be on the 28th and the Golf Committee will be the following day. O. Civil Engineer P. Building Official XIV. 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., asked the difference between a grant and a 100% principal forgiveness loan. Dale Johnson, Utilities Director, answered it is a grant. But they have to loan the money out through their program. Mr. Hoffman said you can go to the Secretary of State filings and see who has filed for office but it can be hard to find the local offices. You can go to ELKONVGOP.ORG website and look it up. There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk March 12, 2024 City Council | Minutes Page 18 of 18