Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS March 26, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, March 26, 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 Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Mandy Simons, Councilwoman City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Candi Quilici, Accounting Manager 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 Jim Kerr, Water Superintendent III. PLEDGE OF ALLEGIANCE March 26, 2024 City Council | Minutes Page 1 of 13 VI. PRESENTATION A. Reading of a proclamation in recognition of the Elko High School Wrestling Team 3-Peat State Championship, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation recognizing the Elko High School Wrestling team winning the State championship for the third year in a row. Coach Overlie introduced the wrestlers and recognized them for the points they won for the team. B. Reading of a proclamation by the Mayor in recognition and appreciation of Western Nevada Supply Company, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation and introduced Bill Cassinelli, General Manager of Western Nevada Supply Company, and recognized them for their assistance during the train derailment on February 28, 2024. Mr. Cassinelli thanked Council and stated it is great to be part of this community. C. Presentation by the Utilities Director and City Manager to Utility Department Staff, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM Recognition to Utility Department Staff from Nevada Rural Water Association. Mayor Keener recognized the water department that won many awards at the Rural Nevada Water Conference. Shelley Petersen was awarded administrative staff of the year. Ms. Petersen stated this is an honor and stated she works with a great team she is proud to be a part of. Dale Johnson stated Nevada Rural Water Association gives out six awards a year. Elko received three of the six awards this year. Ms. Petersen became the Administrative Assistant with the Utilities Department in 2021 but has worked for the City for 17 years. They are lucky to have her. He stated the next person gives more than 100% at the WRF and is a true leader. He presented the award to Scott Nance. Mr. Nance thanked his team and Mr. Haddenham and Kevin Woten. Mayor Keener presented an award to Mr. Johnson as the System Manager of the year. He stated the awards are a great reflection of Mr. Johnson's great leadership. Mr. Johnson said the award is a reflection of his staff and thanked them. March 26, 2024 City Council | Minutes Page 2 of 13 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 Dusty Shipp on behalf of the Elko Area Development Housing Coalition. He read a letter (attached). Mayor Keener thanked him. Jan Baum, City Manager, responded with a list of items the City has been working on. The multiuse code is not just for the coalition, it’s for the whole building community. The City has met with another group of builders and sent it to another design professional but we have not heard back yet. When we do, we will be moving forward with that. We do continue to review and streamline processes in the Building Department. The City has been working with WC3 in the absence of the building official and streamlined processes in the Department. Council approved a reclassification of staff for cross training and smooth transitions, and now we have 2 permit technicians. We assured building inspections are available. We continue to look at software packages to streamline further. In summary she stated we are continuing to protect our residents. The City has a different business model than the builders. She stated she has sent the letter to the Clerk’s office as a record request for the policies, procedures and WC3 information. She stated the City will schedule a meeting with the staff members they feel are appropriate to attend. Ms. Baum stated that continually City staff is being told in a public setting they are not meeting the expectations of the Coalition. She read some additional letters she received (attached). She thanked staff and stated they do a good job. Elko Area Housing and Development Coalition letter VIII. PERSONNEL A. Employee Introductions: 1. Shane Bradshaw, Water/Sewer Operator I, WRF 2. David Doak, Facilities Maintenance Technician, Facilities Shane Bradshaw was present and introduced. David Doak was not present. B. Interviews with finalists for the City Clerk Appointed Official position, discussion of interview results, and possible selection of the top candidate, including possible authorization to City Manager to present a formal job offer, and matters related thereto. FOR POSSIBLE ACTION On March 7, 2024, initial interviews for the City Clerk position were conducted by a review committee consisting of the City Manager, City Clerk, and Human Resources Manager. Then on March 18, 2024 2nd interviews of top 2 candidates were conducted by one City Council Member, and the City Manager. The top two finalists now move on to the final interview and selection process with the City Council. SS March 26, 2024 City Council | Minutes Page 3 of 13 Jan Baum, City Manager, covered some of the "ground rules." The applications were given to City Council members for review. The interviews will be done in alphabetical order. City Council members will alternate asking interview questions. Only the questions provided can be asked during the interview. Council members were also given a rating scale for each candidate. Ms. Baum will tabulate the ratings at the end and provide the results. Council will deliberate. The Council members then have three choices. Mayor Keener reiterated what Ms. Baum stated about asking the questions. Ms. Baum introduced Diann Byington. Diann Byington completed the interview. Ms. Baum then introduced the next applicant Anna Kate Donston. Anna Kate Donston completed the interview. Ms. Baum announced the scoring Diann Byington had 305 points. Anna Kate Donston had 275 points. Mayor Keener asked the candidates to leave council chambers to deliberate. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to recognize the top candidate is Diann Byington. The second candidate is Anna Kate Donston. And direct staff to make a formal offer of employment to the top candidate per City policy. The motion passed unanimously. (4-0) Diann Byington thanked Council for the opportunity. V. APPROVAL OF MINUTES A. Approval of the March 12, 2024 regular session Minutes, and matters related thereto. FOR POSSIBLE ACTION The minutes were approved by general consent. VII. CONSENT AGENDA A. Review, consideration, and possible approval of a "Letter of Support" from the Elko City Council for the Nevada Classical Academy, 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. March 26, 2024 City Council | Minutes Page 4 of 13 Lee Hoffman appreciates the City's consideration and the letter as drafted is excellent. The motion passed unanimously. (4-0) IX. APPROPRIATION A. Review and possible approval and/or Ratification of Warrants, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the regular warrants in the amount of $329,309.91. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the hand-cut checks in the amount of $101,814.88. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the utility refunds in the amount of $606.05. The motion passed unanimously. (4-0) B. Review and possible approval of Alliance Document Technologies Warrant(s), and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the Alliance Document Technologies in the amount of $126.00. The motion Passed. (3-0 Mayor Keener Abstained.) VI. PRESENTATION (Cont.) E. 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 March 26, 2024 City Council | Minutes Page 5 of 13  2. Security Services (order amended October 24, 2023) 3. Security Fence 4. Security Cameras On March 12, 2024 City Council ordered Ville 837, LLC to further abate the nuisance by: 1. Boarding up all doors, broken windows and other openings that permit entry into the buildings on the property by unauthorized persons. 2. Remove all persons located on the property with certain exceptions 3. Revoking the amended order dated October 24, 2023 which permitted property management to provide security services and 4. Directed the city attorney to commence a civil action against Ville 837, LLC pursuant to NRS 268.4124. Staff and the City Attorney will provide City Council with an update on the abatement orders and the public nuisance. Kelly Wooldridge, City Clerk, stated she was given several addresses by Mr. Warburton to receive the order. Two of the certified receipts have been returned. She thought we were good to go. Dave Stanton, City Attorney, stated as long as Mr. Warburton gave us the addresses this is okay. Ms. Wooldridge said now we are looking at the civil complaint. Mike Hanley, Deputy City Attorney, discussed the civil complaint process. He hopes to get the complaint filed this week. Mr. Warburton then has 21 days to respond. Mayor Keener asked Chief Trouten if he had anything to report. Chief Trouten stated there are people in the neighborhood but everything is boarded up. There have been no calls for service. NO ACTION Councilman Stone left the meeting. IX. APPROPRIATION (Cont.) C. Review, consideration, and possible direction to Staff to solicit Statement of Qualifications (SOQ’S) for Electrical Engineering, Civil Engineering, Testing, and Surveying services for FY2024/2025 and FY2026/2027 for any City projects, and matters related thereto. FOR POSSIBLE ACTION Staff would like to request SOQ’s for engineering services for the FY2024/2025 and FY2026/2027 from qualified consultants for City Public Works design and construction projects. The goal of the project is to have a short list of competent and qualified engineers March 26, 2024 City Council | Minutes Page 6 of 13  for City Staff to be able to select from for any associated public works project needs within the city. DJ Dale Johnson, Utilities Director, explained this is the bi-annual process to develop a list of civil engineers. Mayor Keener asked Mr. Stanton about the quorum due to Councilman Stone leaving. Mr. Stanton explained we will not have a quorum of anyone abstains. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to direct staff to solicit Statement of Qualifications (SOQ's) for Electrical Engineering, Civil Engineering, Testing, and Surveying services for FY 2024/2025 and FY2026/2027 for any City projects. The motion passed unanimously. (3-0) D. Review, consideration, and possible award of the bid for the Elko Mountain Booster Station and Waterline Connection, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for the Elko Mountain Booster Station and Waterline Connection on June 13, 2023. Bids were received on March 14, 2024 and opened at 2:30 pm. Four bids were received with the low bidder being non-responsive due to Exhibit 7 and Exhibit 24 being blank. Exhibit 7 is the Fringe Benefit Plan and Exhibit 24 is Form 6100-3 DBE Sub-Contractor Performance. The two forms are required to be filled out and included in the bid package. There were two additional bids that was non-responsive, and one fully responsive bid submitted by Great Basin Engineering Contractors with a base bid of $1,908,112.76 and bid alternate #1 of $85,972.03. Staff would recommend awarding the project to Great Basin Engineering Contractors to include the base bid and bid alternate #1. DJ Dale Johnson, Utilities Director, stated we do have one bid that was responsive. Legal reviewed the bids and agreed only one was responsive. Staff recommended awarding to Great Basin. Todd Schwandt, ACHA Construction, stated there are a lot of inaccuracies in the bid packet. He stated there are 27 exhibits. Only 8 of them say to accompany the bid. He did question Exhibit 7 because you don't do that one until you are awarded the project. As for Exhibit 24, that one was blank because we didn't have any DBE's to put on it. He stated they did everything they were supposed to for the disadvantaged process. He said all three of the companies did this form wrong. He listed the number of other entities they do bids with and felt that the City needs to clean up the bid package. It is costing the taxpayers a lot extra for two forms. Mayor Keener asked if ARPA was the reason there were some miscellaneous forms. Mr. Johnson stated yes. March 26, 2024 City Council | Minutes Page 7 of 13 Dave Stanton, City Attorney, said the bid instructions were clear that all forms needed a signature. He said if Council wanted to rebid, we could do that and look at clarifying the forms. He thinks this would not be fair to the bidder that did the package completely. He is recommending they award the bid. If all bidders are rejected, we could go back and look at changing the bid documents, but he is not recommending this. Mayor Keener asked about the timeline. Mr. Johnson stated all funding has to be awarded by December 2024. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to award the base bid and bid alternate #1 for the Elko Mountain Booster Station and Waterline Connection, in the amount of $1,994,084.79 to Great Basin Engineering Contractors. Mayor Keener thanked Mr. Schwandt for bidding on this. He hopes he participated in other City projects. The motion passed unanimously. (3-0) X. NEW BUSINESS A. Review, consideration, and possible approval of a Will Serve letter addressed to Elko County stating the City of Elko's intent to serve a proposed parcel in Elko County with City of Elko utilities in conjunction with a proposed land exchange between the City of Elko and Jordanelle Third Mortgage LLC., and matters related thereto. FOR POSSIBLE ACTION City Council took action at their January 24, 2023 meeting to initiate a land exchange with Jordanelle Third Mortgage, LLC. for the needed right-of-way for the southwest portion of future Errecart Boulevard. As part of the land exchange, a parcel map must be submitted to and approved by Elko County to create the parcel that will potentially be exchanged with the City of Elko. Elko County code states that with the parcel map approval, either water rights need to be provided or a letter of intent to serve from the City of Elko. CL Cathy Laughlin, City Planner, stated a copy of the letter of intent is in the package and Mr. MacRitchie is on the GoTo Meeting. She explained we have to create the parcel and then go through the land exchange process. There are two ways to do this, one of them being this letter of intent to serve upon annexation. She invited Mr. Johnson to the podium because it is his letter. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the Will Serve Letter for Jordanelle Third Mortgage, LLC. addressed to Elko County and associated with the City of Elko land exchange for the needed Right-of-Way for Errecart Boulevard. March 26, 2024 City Council | Minutes Page 8 of 13  The motion passed unanimously. (3-0) XI. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 890 adopting a change in zoning district boundaries from AG (General Agriculture) to R (Single Family and Multiple Family Residential) Zoning District, approximately 9.89 acres, specifically APN 001-920-013, located approximately 2,155' north of the intersection of Powder House Road and Elko Mountain Way, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 1-24 at their meeting March 5, 2024. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment. CL Cathy Laughlin, City Planner, reviewed the map for the area proposed for change. They are requesting a residential zoning. It abuts County property on both sides. They are looking to potentially sell the parcel, not develop it themselves. There were no conditions. Councilman Puccinelli said it appears to be isolated in an R zone. Ms. Laughlin stated it is and there are some utility issues. There is not a way to sewer this property. There will have to be an easement through the abutting property to get sewer. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to conduct first reading of Ordinance No. 890 and direct City Staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (3-0) B. Review, consideration and possible approval of Resolution No. 06-24, A Resolution Requesting the Transfer of Ownership of Certain Federal Lands within the City of Elko Boundaries By Act of Congress and matters related thereto. FOR POSSIBLE ACTION The City currently has two land areas within the city boundaries that are owned by the Federal Government (Section 18 TWP 34 N RG 55 E MDB&M and a portion of Section 22 TWP 34 N RG 55 E MDB&M). It would be beneficial for the City of Elko if these parcels were either owned by the City of Elko or private parties to expand city residential, commercial, industrial or recreational public use purposes. City staff is requesting City Council approve Resolution 06-24 requesting the transfer of Ownership of Certain Federal Lands within the City of Elko Boundaries By Act of Congress. JB March 26, 2024 City Council | Minutes Page 9 of 13 Jan Baum, City Manager, explained they visited with Amodei's office a couple of weeks ago. He has proposed a land bill. It has already been presented once but they believe it can be amended and include these land pieces in it. These are off Cattle Drive and another one near the hospital. Mayor Keener asked if Section 22 was just a portion? Scott Wilkinson, Assistant City Manager, answered it was a piece of land left over by the BLM. Section 18 is a great area for expansion of the City. Mayor Keener said he knew this has been on the back burner for staff for many years. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Resolution No. 06-24, A Resolution Requesting the Transfer of Ownership of Certain Federal Lands within the City of Elko Boundaries By Act of Congress. The motion passed unanimously. (3-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible approval of a request form Russell & Kristin Brace, dba Pop-N-Pizza, LLC for concession space at the Elko City Main Park, matters related thereto. FOR POSSIBLE ACTION Kelly Wooldridge, City Clerk, stated that this truck will be taking the spot of the truck that is now at the community college permanently. This will keep all of the concessionaire spots full and we will start a waiting list if needed. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve a request from Russell and Kristin Brace, dba Pop-N-Pizza, LLC for concession space at the Elko City Main Park. The motion passed unanimously. (3-0) VI. PRESENTATION (Cont.) D. Review, consideration, and direction to Staff regarding the Fiscal Year 2024/2025 Budget, inclusive of Enterprise Funds and Internal Service Fund, and matters related thereto. FOR POSSIBLE ACTION Julie Davis, Financial Services Director, gave a presentation (attached). Ms. Baum stated we should have the health insurance increase information by the final budget. Mayor Keener asked about the dependent subsidies. March 26, 2024 City Council | Minutes Page 10 of 13 Ms. Baum stated most of them are for employee spouses and children. Mayor Keener asked about retired employees. Ms. Baum stated we have a few retirees that kept the insurance and they reimburse the City. NO ACTION XIII. REPORTS A. Mayor and City Council Mayor Keener will be absent from the next meeting. B. City Manager Jan Baum wanted to make sure she has all of the interview documents. C. Assistant City Manager Scott Wilkinson thanked the Street Department for cleaning the Humanitarian Camp. They pulled out 85 tons of garbage. D. Utilities Director Jim Kerr thanked the Street department for helping with the incident on Pinion Road. Mr. Johnson gave an update on the Hospital Second Source project. We are waiting on two things to wrap up. Cattle Drive is waiting for the PRV station to lay more water line. The generator project at Well 96 should be wrapping up soon. We've been able to do it without building an expensive building. E. Public Works F. Airport Manager No report. G. City Attorney No report. H. Fire Chief Chief Johnston stated he is pleased to say we were rated a Class Two by the ISO. We are one of 2000 Fire Departments in the nation that are a class two. It puts us in the top 6%. The Water Department scored a 40 out of 40 and Planning helped put together all of the maps. March 26, 2024 City Council | Minutes Page 11 of 13  I. Police Chief Chief Trouten stated they are continuing the crisis training. Everyone should have gotten the alert on their phone yesterday regarding 911 being down. Everyone should download the app. Yesterday's alert came from the County. Chief Trouten said some of them were delayed based on the carrier. J. City Clerk Kelly Wooldridge thanked Council for their time with the interviews. She will finish up what she needs to complete and get Diann Byington up to speed. K. City Planner No report. L. Development Manager No report. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley stated there is a Parks and Recreation Board Meeting Thursday night and a Golf Advisory on Friday morning. O. Civil Engineer P. Building Official No report. 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 reminded everyone the Lincoln Day dinner is April 13, and reservations are going quick. Spots can be reserved online. There being no further business, Mayor Reece Keener adjourned the meeting at 6:16 p.m. March 26, 2024 City Council | Minutes Page 12 of 13 Mayor Reece Keener Kelly Wooldridge, City Clerk March 26, 2024 City Council | Minutes Page 13 of 13