Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS April 9, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, April 9, 2024. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Pro Tempore Mandy Simons. 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: Mandy Simons, Councilwoman Chip Stone, Councilman arrived at 4:58 pm Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Reece Keener, Mayor City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney 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 April 9, 2024 City Council | Minutes Page 1 of 12  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 Bob Heguy, 611 Juniper Street, said the group he is representing is the Ruby Mountain Pickle Ball Club. Pickle Ball gets lost in everything going on. The Ruby Mountain Pickle Ball club has about 110 members. There is very little infrastructure for the sport in the City. One item he brought to the Parks and Recreation Advisory Board was adding outdoor courts for the sport. Pickle Ball is recognized as the old people sport but that isn't the case anymore. This is one of the fastest growing sports in the nation. He wanted the Council to remember the Pickle Ball players while considering the Parks and Recreation 5-year plan. V. APPROVAL OF MINUTES A. Possible approval of the March 26, 2024 Regular Session Minutes, and matters related thereto. FOR POSSIBLE ACTION The minutes were approved by general consent. VI. PRESENTATION F. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, and matters related thereto. INFORMATION ONLY-NON ACTION ITEM At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance as follows: 1. Removal of Unauthorized Persons 2. Security Services (order amended October 24, 2023) 3. Security 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 April 9, 2024 City Council | Minutes Page 2 of 12  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. KW Kelly Wooldridge, City Clerk, explained the Elko Inn did contact us with new security. The security company got their license but they don't have anyone in Elko yet. There have been a few Police calls but it seems to be people that are used to going there for drugs. The civil case is in the process. Keith Warburton, owner, said we are in the process of doing the background of the person that is going to Elko. Paul Nelson, Bedrock Protection Agency, said we are working on getting the licensing in place for the personnel to work in Elko. Mayor Pro Tem Simons thanked them for the update. Mr. Nelson said he spoke to Chief Trouten today. We had a conversation about the property. We need someone on site that can report the issues that come up. He was excited about the project. Mr. Warburton said he has contracted an architect and a mechanical engineer to get some plans completed and work towards the building permit. A. A presentation by Sherry Smith and Teah Ballard of Friends in Service Helping (F.I.S.H.) on the services provided to our community by F.I.S.H., and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Sherry Smith, 1525 Opal Drive, and Teah Ballard, 312 Rolling Hills Drive, FISH, gave a presentation regarding their services and handed out statistics (attached). Councilman Puccinelli asked where could he go to get help for someone he may know. Ms. Ballard answered on their website is an email that goes to Ms. Smith. You can also call FISH. There is an application that will verify the individual needs and approve your friend for their services. B. Presentation by Ruby B. Sutton, Director of the Ms. Elko County Pageant and Leadership Program will present a program on the upcoming pageant in June, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Ruby Sutton, 466 Juniper Street, gave a presentation (included in packet). C. Presentation, discussion and possible approval of expanding the leased area to the Northeastern Nevada Museum, and matters related thereto. FOR POSSIBLE ACTION The Northeastern Nevada Museum currently leases the land for the museum from the City of Elko. The museum has a proposed expansion project that would require additional leased April 9, 2024 City Council | Minutes Page 3 of 12  area. Representatives from the museum will be present to give an overview of the project and request the area of the lease be expanded for the expansion. JB Bob Heguy, 611 Juniper Street, and Pedro Ormaza, 225 Silver Street, gave a presentation. Nichole Bowers was present representing Nevada Gold Mines. Mr. Heguy said we are looking for property to lease to expand the museum. We can't hire an architect to design the addition until the City agrees to lease the land. A picture of the area they would like to lease was displayed on the overhead screen. They would like to lease more than indicated on the screen if they could. They would like to be able to expand further if they wanted to. Mr. Ormaza stated we don't have the design yet. Right now, we only have a conceptual drawing. We are not sure how much land we will need in order to do this expansion. We would like to be able to lease more than indicated on the drawing just so we don't have to come back at a later date to get it approved. Jan Baum, City Manager, said we have gone through a process with this. Council is aware of the encumbered land issues we have. When this was brought to City Staff, we looked into the same issues we have had with the ball fields. This land is encumbered as the ball fields are. The blue on the map is the original encumbrance when the parks were created. The black is where the museum is originally. The red has been approved by the state and federal government for the museum expansion. If Council would like to move forward with the red area, we can approve the lease. If you would like to expand this past the red, we can do that but per the state, we will have to go through a conversion process. Councilman Puccinelli asked how long is the conversion process. Ms. Baum answered we were told it could take up to 2 years. When we went to the state and federal government, they pointed out that the 1981 and 1998 expansions are located on encumbered land and we will have to go through and conversion process for that. Ms. Bowers thanked everyone for letting them present. This has been a 20-year project. We are trying to give the indigenous people in this area a place to hold their artifacts and have a library available for them. We are looking to create a learning program for the local tribes. They are counting on us to get this done and excited to tell their story. Councilman Stone asked if they asked for more area, if that would slow the process down. Ms. Baum answered the state did mention that the expansion could move forward while we worked on the conversion. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve expanding the leased area to the Northeastern Nevada Museum to the area in red presented today, and direct staff to bring back an amended lease agreement between the City of Elko and the Northeastern Nevada Museum. April 9, 2024 City Council | Minutes Page 4 of 12  The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone for staff to work with the State and Federal Government to start the conversion process for the 1981 and 1989 add-on plus adding extra area to the north, to be leased to the museum. The motion passed unanimously. (4-0) E. Presentation of the 2023 Street Department Year in Review, and matters related thereto. INFORMATION ONLY- NON ACTION ITEM Paul Algerio, Street Superintendent, gave a presentation (included in the packet). XI. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 890, an ordinance adopting a change in zoning district boundaries from AG (General Agricultural) to R (Single-Family and Multiple-Family Residential) for APN 001-920-013 and processed as Rezone 1-24, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on March 5, 2024 and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 890 on March 26, 2024, and set the matter for second reading and public hearing. CL Cathy Laughlin, City Planner, explained this is the second reading. This is the property off Powder House Road. One person from the public came in and was concerned with the location. She didn't have any other comments or concerns and there have been no other public comments on it. She recommended adoption. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conduct second reading, public hearing and adopt Ordinance No. 890. The motion passed unanimously. (4-0) VI. PRESENTATION (Cont.) D. Review and possible approval of the Fiscal Year 2024/2025 Tentative Budget, and matters related thereto. FOR POSSIBLE ACTION Staff will provide a revised budget presentation and will be requesting tentative budget approval and submittal. JD Julie Davis, Financial Services Director, gave a presentation (included in packet). April 9, 2024 City Council | Minutes Page 5 of 12  ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Fiscal Year 2024/2025 Tentative Budget, including the CPI increase of 3.1% for non-represented and management employees. The motion passed unanimously. (4-0) VII. CONSENT AGENDA A. Review, discussion and possible approval of letter supporting Nevada Gold Mines' Goldrush and Robertson Projects in Lander and Eureka Counties, and matters related thereto. FOR POSSIBLE ACTION B. Review and possible action to authorize City Staff to give a Landfill voucher to adult volunteers that participate in the “Clean Up Green Up”, and matters related thereto. FOR POSSIBLE ACTION This year's "Clean Up Green Up" is scheduled for Saturday, April 20, 2024. In the past, the City Council has provided one voucher to the adult volunteers that were engaged in cleaning public property/right-of-ways. The voucher concept was very popular with the volunteers and affords them the same opportunity to remove waste from their personal property and dispose of it without having to pay a tipping fee at the Landfill. In order to provide the volunteers the same opportunity as other citizens, these vouchers would be good for one day and expire on April 27, 2024. SF ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the consent agenda. The motion passed unanimously. (4-0) VIII. 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 Morris, seconded by Council Member Puccinelli to approve regular warrants in the amount of $774,979.01. The motion passed unanimously. (4-0) ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the hand-cut checks in the amount of $232,619.90. The motion passed unanimously. (4-0) April 9, 2024 City Council | Minutes Page 6 of 12  B. Review, consideration, and possible authorization for Staff to solicit bids for the Public Works Department Preventative Maintenance Project 2024, to apply Micro Slurry Seal to select City Streets, and matters related thereto. FOR POSSIBLE ACTION Micro Slurry Seal approximately 300,864 Square Yards (SY). Micro-Slurry is a preventative maintenance treatment which will be applied to selected City streets. This work will be completed after July 1, 2024. PA Paul Algerio, Street Superintendent, said this will be close to the budgeted $900,000. It will cover about 11 miles of roadway. We might have to scale back depending upon prices of materials. ** A motion was made by Council Member Morris, seconded by Council Member Stone to authorize Staff to solicit bids for the Public Works Department Street Maintenance Project 2024. The motion passed unanimously. (4-0) IX. NEW BUSINESS A. Review, consideration, and possible approval of a Deed of Dedication for a permanent Right-of-Way for roads and streets and Public Utility Easement for Mittry Avenue as described in the Deed of Dedication Exhibits, and matters related thereto. FOR POSSIBLE ACTION The Mittry Avenue road currently exists on an actual parcel of land owned by the City of Elko. This Deed of Dedication establishes a Rights-of-Way for roads and streets and a Public Utility Easement for Mittry Avenue. RN Ralph Negron, Development Manager, explained this is housekeeping that we are working through. The City owns a couple of parcels here and we are looking for a public right-of-way dedication for public improvements. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Deed of Dedication for Right-of-Way to the City of Elko and Public Utilities, for Mittry Avenue. The motion passed unanimously. (4-0) B. Review, consideration, and possible approval of a Deed of Dedication for a permanent Right-of-Way for roads and streets and Public Utility Easement for N 5th Street as described in the Deed of Dedication Exhibits, and matters related thereto. FOR POSSIBLE ACTION The North 5th street road currently exists on an actual parcel of land owned by the City of Elko. This Deed of Dedication establishes a Rights-of-Way for roads and streets and a Public Utility Easement for N. 5th Street. RN April 9, 2024 City Council | Minutes Page 7 of 12  Mr. Negron explained this is a City owned parcel. We are looking for a deed of dedication for right- of-way improvements. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Deed of Dedication for Right-of-Way to the City of Elko and Public Utilities, for N. 5th Street. The motion passed unanimously. (4-0) C. Review and possible approval to advertise a request for proposals to operate the Food/Beverage Concession area at the Elko Regional Airport, and matters related thereto. FOR POSSIBLE ACTION Staff is requesting authorization to advertise for proposals to operate the Food & Beverage Concession in the airport terminal. A final Food & Beverage Concession contract will be brought back to Elko City Council for final approval. JF Jim Foster, Airport Manager, explained we have had some interest in the concession. He will be bringing back a termination agreement before we go further. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to direct Staff to solicit bids and negotiate a contract for the Food/Beverage Concession at the Elko Regional Airport. The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of Revocable Permit No. 1-24, filed by the City of Elko for and on behalf of EA Designs LLC., to occupy approximately 75 square feet of Commercial Street right-of-way adjacent to their parcel referred to as APN 001-343-002, to accommodate an existing access to their basement through horizontal cellar doors located in the public sidewalk, and matters related thereto. FOR POSSIBLE ACTION The RDA sidewalk project will consist of work in the area in which the revocable permit is requested. The replacement of the cellar doors and sidewalk spanning over the access into the parcel is part of the RDA project which is currently out to bid. The revocable permit will allow the licensee to continue to use the access as desired. CL Cathy Laughlin, City Planner, explained we recently had the sidewalk pre-bid meeting and this access door was brought up. We met with the property owner and decided the best way to move forward with this was to have a Revocable Permit for the access door. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve Revocable Permit No. 1-24 subject to the execution of a Standard License Agreement between EA Designs LLC. and the City of Elko. April 9, 2024 City Council | Minutes Page 8 of 12  The motion passed unanimously. (4-0) E. Review, consideration, and possible approval of expanding the donation to the Elko Institute for Academic Achievement (EIAA) to include engineering and school zone signs associated the new EIAA location, and matters related thereto. FOR POSSIBLE ACTION On October 24, 2023, Council approved a donation in the amount of $146,010 to the EIAA for construction-related costs for the traffic median, and traffic studies for the new school location. The EIAA incurred additional expense related to signage for the new school which includes engineering and signs. EIAA is requesting an additional $35,925 donation because of the added costs. Support for the expenses is included in the packet. JB Jan Baum, City Manager, explained she included in the packet the expenses they have incurred. She had asked for detail on the signage but it was spring break and he was not able to send it. She had hoped they would come to the meeting. She wondered if Council wanted to table this. Councilman Morris thought signage was to indicate it was a school zone. ** A motion was made by Council Member Morris, seconded by Council Member Stone to table. The motion passed unanimously. (4-0) X. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 8-24, a resolution amending various fees related to Ruby View Golf Course pursuant to Elko City Code, Title 8, Chapter 13, Section 3, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Committee met on March 29, 2024 and took action to recommend amending various fees at Ruby View Golf Course. A draft resolution has been included in the agenda packet for review. Recommended fees will not be effective until December 1, 2024 JW James Wiley, Parks and Recreation Director, explained this was already reflected in the tentative budget. The Golf Committee met on the 29th. It was a productive meeting. The fees are comparable to other golf courses. We also discussed capital projects, and along with those capital projects, there comes significant cost. The fees will help pay those costs. The proposed changes to the rates are in red on the Resolution. Councilman Morris said we are trying to stay competitive. These changes needed to happen but it is still a good deal. Mr. Wiley said the golf course is on a good path right now. We want to keep that going so we can purchase much needed equipment. April 9, 2024 City Council | Minutes Page 9 of 12  ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Resolution No. 8-24 amending various fees related to Ruby View Golf Course effective on December 1, 2024. The motion passed unanimously. (4-0) XII. REPORTS A. Mayor and City Council No report. B. City Manager Jan Baum thanked Paul for his presentation. He does a good job and helps other departments. Also, Julie Davis has put a lot of work into the budget presentation. The next meeting, April 23rd, will be Kelly's last meeting. We will be in touch regarding a party for her. C. Assistant City Manager Scott Wilkinson said he would be working with Union Pacific addressing the Water Street damage. We have received some direction from Union Pacific and we will be submitting a claim form for reimbursement. He has the impression that we would present the fix for the road repair and they would give us that amount. D. Utilities Director No report. E. Public Works No report. F. Airport Manager No report. G. City Attorney No report. H. Fire Chief No report. April 9, 2024 City Council | Minutes Page 10 of 12  I. Police Chief No report. J. City Clerk No report. K. City Planner No report. L. Development Manager Ralph Negron reported the Clean Up Green Up event will be held April 20th. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported we are wrapping up a couple of projects up in the Park. One is the shade shelter for area one. It should only take about a week to install once it shows up. Another one is an electrical main control upgrade at the SnoBowl. That should be wrapped up by June 30th. There have been a few reports to the state on cricket hatchings. The reports seem to be coming from the NW quadrant of the city. We are prepared with some bait and insecticides. Last year they ended up at the golf course at the end of the season and expect some hatching at the golf course this year. O. Civil Engineer P. Building Official No report. 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 There were no public comments. April 9, 2024 City Council | Minutes Page 11 of 12 There being no further business, Mayor Pro Tempore Mandy Simons adjourned the meeting at 6:26 p.m. Mayor Pro Tempore Mandy Simons Kelly Wooldridge, City Clerk April 9, 2024 City Council | Minutes Page 12 of 12