Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS May 28, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, May 28, 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 Absent: Giovanni Puccinelli, Councilman City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Dave Stanton, City Attorney Cathy Laughlin, City Planner Julie Davis, Financial Services Director Ty Trouten, Police Chief Candi Quilici, Accounting Manager James Johnston, Fire Chief Jeff Ford, Building Official Dale Johnson, Utilities Director Jim Kerr, Water Superintendent Paul Algerio, Public Works Ralph Negron, Development Manager Jim Foster, Airport Manager Rachel Randall, Planning Technician Annette Robinson, City Clerk Technician II III. PLEDGE OF ALLEGIANCE May 28, 2024 City Council | Minutes Page 1 of 19 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 Lee Hoffman, 1085 Barrington Avenue, said early voting for the primary election started this last Saturday. Voters can cast their votes at the Elko County Library on weekdays from 8am to 6pm and on Saturday from 10 am to 2 pm. More information is available on the Elko County Clerk's website as well as on nevadagop.org. V. APPROVAL OF MINUTES A. 5/14/2024 Regular Session The minutes were approved by general consent. VIII. PERSONNEL A. Employee Introductions: 1. Dustin Galloway, Equipment Operator I 2. Rhett Farnell, Firefighter, Fire Department Rhett Farnell and Dustin Galloway were introduced by James Johnston, Fire Chief, and Paul Algerio, Street Superintendent, respectively. Mayor Keener welcomed both to the City. B. Fire Chief James Johnston has earned recognition from the International Association of Emergency Managers for being among the group of professionals designated Certified Emergency Manager (CEM), and matters related thereto. INFORMATION ONLY - NON ACTION ITEM The Certified Emergency Manager designation is the highest honor of professional achievement available from the Association which has in its membership more than 6,000 emergency managers representing professionals whose goals are saving lives and protecting property and the environment during emergencies and disasters. JB Jan Baum, City Manager, said it's a real privilege for the City to have Chief Johnston as one of our leaders. Being recognized with this certification is a real tribute to him and his leadership skills. Chief Johnston said to become a CEM, he had to show competency in five different phases, in a process that took around six months. There was a peer review and an interview, as well as a three-step process on how he will implement his plans for his flood mitigation project. He thanked Susie Shurtz, HR May 28, 2024 City Council | Minutes Page 2 of 19 Manager, for proctoring the exam, and the council. It will be great resource for recovery incidents because there is a network of peers throughout the whole United States that he can reach out to. Mayor Keener congratulated him. VI. PRESENTATION A. Presentation of a retirement plaque to Kelly Wooldridge, City Clerk, for her dedication and many years of service to the Citizens of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener said it has been such an honor working with her. She has been such a great help to everyone and a great resource. He is glad she decided to spend the last six years of her career at the city as our City Clerk. He presented a plaque of appreciation for her outstanding dedication and loyal service to the citizens of Elko. Kelly Woodridge said in her 30 years of service this has been the best job she has had, because of all the staff, directors, and council. They made it hard to retire. She said thank you. Jan Baum, City Manager, said Kelly was a real gift to her when she took the city manager position. Kelly provided a lot of direction and friendship. She is greatly appreciated. Scott Wilkinson, Assistant City Manager, said we are certainly going to miss her and everything she has done for the city. She assisted a lot of staff with a lot of different projects. Thank you for everything you have done. Councilmember Clair Morris said that is a lot of knowledge walking out the door. She was going to be very hard to replace. Council appreciates everything she has done. Thank you. Councilmember Mandy Simons said she was on the interview panel when Kelly interviewed. It was a gift that the city got her because somebody with her experience and knowledge could have had higher paying jobs or taken on a lot bigger assignments elsewhere. Council is so grateful that she stayed for as long as she did. Councilmember Chip Stone said thank you and appreciates all she has done. B. Presentation of the Elko Police Department 2023 Annual Report by Police Chief Ty Trouten, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Police Chief Ty Trouten said he provided the council with a shortened presentation than what was in the agenda packet, but the information was identical. He then went over the presentation (see meeting minutes packet). Online reporting was up over last year, but it was dependent on what type of crime was being reported and the different avenues available for reporting - face-to-face interactions, the front kiosk, and written reports. May 28, 2024 City Council | Minutes Page 3 of 19 In 2023 there were 518 arrests (down from 2022). Misdemeanor arrests are down due to a law change, where citations must be issued first before an arrest can be made. Citations are up for the same reason. There were 734 incidents of domestic violence. Total calls overall are down, but they are seeing some apathy particularly with businesses not reporting petty larceny. There were 761 severe crimes in the city, which is also down. The drop in detective unit cases from 430 to 221 is due to the crime suppression unit now being assigned cases for property crimes, such as burglaries and large thefts. Mayor Keener asked if the detective at the CAC has been helping with some of the detective units’ workloads regarding juvenile crimes. Chief Trouten said their interview rooms are no longer being tied up for outside entities, and victims and their families are getting much better service, but it does not affect the workload because our detectives still work on those cases. Continuing, Chief Trouten said over a quarter million dollars worth of drugs was taken off the streets. The Crime Suppression Unit has been working with different entities on fugitive apprehension. On one case of stolen property, they were able to recover $84,000 worth of property. The department tracks use of force and has provided data for the last three years. They have been going up, but their calls for service have been going down and their arrests have been going down. In 2015 there were1,228 arrests out of 27,580 calls for service. Five years later, there were 879 arrests out of 26,291 calls. Last year, in 2023, there were 518 arrests, out of 20,788 calls. So, they have dropped about 7,000 calls for service, but nearly doubled their use of force. Staffing wise, it was a lean year, but they have been doing a wonderful job serving our citizens. C. Review and possible approval of the Fiscal Year 2024/2025 Final Tentative Budget, and matters related thereto. FOR POSSIBLE ACTION Staff will provide a Revised Budget Presentation and will be requesting Final Tentative Budget approval and submittal. JD Julie Davis, Financial Services Director, went over the City of Elko FY 2024/2025 Final Budget Presentation, All Fund Types, provided in the agenda packet. Slide 2 shows the main categories as CPI increases for non-represented employees, community donations, capital equipment purchases, health insurance fund premiums, general liability insurance, and possible approval of the final budget. Mayor Keener asked about the Community Support category under All Government Funds on Slide 4. Is a lot of that ARPA funding that has not yet been utilized? Ms. Davis was not sure and said she would report back. **Note: This information was provided by Ms. Davis during the Reports section of the agenda (XIV.M.), see below. Mayor Keener asked about the Union Pacific Reimbursement line item under Capital Construction Fund on Slide 14. Ms. Davis said that is from the train derailment. Union Pacific has agreed to reimburse the Water Street damage. May 28, 2024 City Council | Minutes Page 4 of 19 Continuing, Ms. Davis said about Slide 23, Health Insurance Fund, the city's goal is to have in reserves about 1 1/2 years of expenditures, so if there's a bad claim year, the city can absorb those. The city has that in reserves now, so staff is asking for the council’s input regarding a 20% decrease in premiums for spouse ($723 to $585 a month) and family ($1090 to $875 a month). Child dependents would remain the same. That would cost the city about $39,000 in decreased premiums revenue. Councilmember Simons said if we’re able to do that, it sounds like a great idea. Ms. Davis said provided information regarding General Liability Insurance on Slide 24 but said the council can make a decision on how they choose to move forward at the June 11th meeting, when Pool Pack will be here with a presentation. Councilmember Stone asked if last year general liability went up around 22%. Ms. Davis said there was a significant increase. Ms. Baum said Daine Uriarte with LP Insurance will be reporting on that. Mayor Keener said claims can add up rather quickly and was apprehensive about too much exposure. He called for public comments without a response. He was also in favor of reducing the cost of health insurance premiums. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Fiscal Year 2024-2025 final tentative budget as written, as well as approve a 20% decrease in premiums for spouse and family costing approximately $39,000 in premiums revenues for Fiscal Year 2025. The motion passed unanimously. (4-0) VII. CONSENT AGENDA A. Review, consideration, and possible approval of Resolution No. 10-24, A RESOLUTION AUTHORIZING THE GRANT OF $15,200 TO THE ELKO INSTITUTE FOR ACADEMIC ACHIEVEMENT, and matters related thereto. FOR POSSIBLE ACTION On April 23, 2024, City Council authorized a grant in the amount of $15,200 to The Institute for Academic Achievement to defray the cost of a change order to EIAA’s existing construction contract for the installation of signage. This Resolution details the Grant. JB Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the consent agenda. The motion passed unanimously. (4-0) May 28, 2024 City Council | Minutes Page 5 of 19 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 Morris to approve the regular warrants in the amount of $358,528.06. The motion passed unanimously. (4-0) ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the hand-cut checks in the amount of $297,509.39. The motion passed unanimously. (4-0) B. Review, consideration, and possible ratification of an Airport Improvement Project No. 3-32-0005-060-2024(AIP 60) and 061-2024(AIP 61) Rehabilitate Air Carrier Apron re-bid, and matters related thereto. FOR POSSIBLE ACTION On May 14, 2024, Council rejected the two (2) bids that were deemed non responsive. Staff consulted with FAA Phoenix ADO. The result of that meeting granted the Airport to re-bid and our grant deadline was extended. Awards for bid and grant application were due to the FAA by May 20, 2024. In order to meet the new deadline Staff needed to re-bid the project as soon as possible. Without doing this the airport was in jeopardy of losing the FAA allocated funding for this fiscal year. As a reminder Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. Once a bid has been awarded Staff with apply for FAA Grant AIP #60 & #61. JF Jim Foster, Airport Manager, said we're kind of under the gun to get this rebid and get it out to FAA Phoenix ADO. They were gracious enough to extend our bid deadline to June 30th instead of May 20th, which gets us into the second wave of grant funding, otherwise we probably would have lost discretionary funding that had been allocated for the airport. Mayor Keener asked if he anticipates both contractors rebidding it. Mr. Foster said yes. Our current engineering provider contacted them directly and let them know what occurred and that we are rebidding it. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the re-bidding for Airport Improvement Project No. 3-32-0005-060-2024(AIP 60) and 061-2024(AIP 61) Rehabilitate Air Carrier Apron. May 28, 2024 City Council | Minutes Page 6 of 19  The motion passed unanimously. (4-0) C. Review, consideration, and possible award of the Public Works Department Preventative Maintenance Project 2024, to apply Micro Slurry Seal to select City Streets, and matters related thereto. FOR POSSIBLE ACTION At its April 9, 2024, meeting, the City Council authorized Staff to solicit bids for the Preventive Maintenance Project 2024. Bids were received until 1:00 p.m. on May 9, 2024. A total of two bids were received. The bid submitted by VSS International, Inc. did not include Exhibit 7 – Fringe Benefits, and was therefore determined to be non-responsive. The bid submitted by Sierra Nevada Construction, Inc. was determined to be the lowest responsive bid in the amount of $881,007.00. PA Mr. Algerio said they received two bids, one that was determined to be non-responsive. Oil prices have gone up, but the cost per square yard, compared to last year, has gone down. Mayor Keener asked if it was correct to say Sierra Nevada has been the only one bidding for this job in the last couple of years. Mr. Algerio said last year they were the only one. The previous year, there were a few. One year there were five bidders. Mayor Keener asked if the bidder that submitted an incomplete bid package was from out of state and how their price compared. Mr. Algerio said yes, they were out of California. They were $259,000 higher. Mayor Keener said Sierra Nevada has always done a great job. He called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to award the bid to Sierra Nevada Construction, Inc. for the Public Works Department Street Maintenance Project 2024, in the amount of $881,007.00. The motion passed unanimously. (4-0) X. UNFINISHED BUSINESS A. Review, consideration, and possible approval of a Line Extension Agreement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy for Utility Facilities on APN 006-09E-015 and APN 006-09E-019, and matters related thereto. FOR POSSIBLE ACTION The Line Extension Agreement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy will allow NV Energy to extend utility May 28, 2024 City Council | Minutes Page 7 of 19  service to APN 006-09E-015 and APN 006-09E-019 for the Elko Mountain Booster Station Project. The Applicant’s items to install and furnish was included in the Elko Mountain Booster Station Bid Package. The $81,199.00 includes the items NV Energy is supplying for the project. DJ Dale Johnson, Utilities Director, said this is NV Energy's typical agreement. He handed it out to the council prior to the meeting (see meeting minutes packet). It has been reviewed by our legal department, as well as NV Energy's. He recommends approval. Dave Stanton, Legal Counsel, said there were several changes and thinks this agreement will work. We received a revised draft earlier today. And what he’s looking at here looks like the agreed upon document. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve a Line Extension Agreement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy for Utility Facilities on APN 006-09E-015 and APN 006-09E-019. The motion passed unanimously. (4-0) XI. NEW BUSINESS A. Review, consideration, and possible determination of the submitted Business Impact Statement that presents the data and/or arguments as to whether the proposed fee increase in Resolution 7-24: A RESOLUTION AMENDING THE CITY WATER RATES PURSUANT TO ELKO CITY CODE TITLE 9, CHAPTER 1, SECTION 29 will impose a direct and significant burden upon a business or directly restrict the formation, operation or expansion of a business, and matters related thereto. FOR POSSIBLE ACTION At the March 12, 2024 Council meeting, Council directed Staff to complete a Business Impact Statement on the proposed fee increase for the water rates. Pursuant to NRS 237.080 the City of Elko notified chambers of commerce, trade associations or owners and officers of businesses, which are likely to be affected by the fee as presented in Resolution No. 7- 24. Responses were due to the City by 5:00 p.m. on May 6, 2024 and are included in the Business Impact Statement in the agenda packet. The Council needs to determine if the increase will impose a direct and significant burden. If it is determined the fee increase will impose a direct and significant burden, the Council can consider methods to reduce the impact. For example, they can simplify the rule, or modify the fees. If Council determines there is no significant impact, the Business Impact Statement will be completed and Resolution No. 7-24 will be heard at the next meeting. CL Cathy Laughlin, City Planner/Acting City Clerk, said on page 2 of the Business Impact Statement there was a summary of comments the city received (see agenda packet). Three comments said the water May 28, 2024 City Council | Minutes Page 8 of 19 increase would have an impact to their business and three stated it would have no impact. We also received six phone calls asking for more information. The council needs to consider the public comments, determine if the proposed rule does or does not have an impact, and if there is an impact, consider rules or methods to reduce the impact. She provided a couple of prepared possible motions for the board (see meeting minutes packet). Mr. Stanton said if there is a finding that there is an impact, the statute says the council shall consider methods to reduce the impact of the proposed rule on businesses, including without limitation, (A) simplifying the proposed rule, (B) establishing different standards of compliance for a business, and (C) modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine. Mayor Keener called for public comments without response. He said two of the written comments were from properties with subsidized housing. Ms. Laughlin said yes. The comment about a $150 a month increase would be for the one water service for the entire building. Mayor Keener said everyone's going to have to shoulder some level of pain on this. Councilmember Morris agreed, saying it’s always tough to raise rates, but the city is operating in the red. Councilmember Simons also agreed and said the flat rate users have been subsidized by everybody else for so long. Ms. Laughlin said the Business Impact Statement was sent out to 18,127 businesses, trade associations and the Elko Chamber of Commerce. If it is adopted tonight as presented, there will be a 30-day protest period before being brought back as Resolution 7-24 at the next meeting. It won’t go into effect until after the 30 days are up. Councilmember Simons said of course it will have an effect. Do they have to consider methods to reduce it? Mr. Stanton said only if it is likely to impose a direct and significant economic burden upon a business, or directly restrict the formation, operation or expansion of a business. If the council believes that it does not, then 2.B. would be the motion. If 2.A. is the motion, then the council has to have further discussion about the factors in the statute that need to be considered before the rule is adopted. ** A motion was made by Council Member Morris, seconded by Council Member Simons that the council finds with respect to the Business Impact Statement, the Elko Resolution No. 7-24, the Rule does NOT impose a direct and significant economic burden on a business or directly restrict the formation, operation or expansion of a business; that a Business Impact Statement has been accepted and is on file with the governing body; and that the requirements of chapter 237 of NRS have been met. The motion passed unanimously. (4-0) May 28, 2024 City Council | Minutes Page 9 of 19 XII. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 09-24, A RESOLUTION AUTHORIZING THE GRANT OF $1,800,000 TO THE BOYS & GIRLS CLUB OF ELKO FOR THE RECREATION CENTER and matters related thereto. FOR POSSIBLE ACTION On April 23, 2024 the City Council authorized a grant in the amount of $1,800,000 to the Boys & Girls Club of Elko for the Recreation Center to be paid in two equal installments of $900,000 each. This Resolution details the Grant. JB Ms. Baum said this resolution details the grant that was already approved. As part of tonight’s motion, she is requesting clarification on when the first installment will be paid. Rusty Bahr, Boys & Girls Clubs of Elko, said they had talked about the first installment being paid in July, at the start of the 2025 fiscal year, and the second one when they get their certificate of occupancy. Mayor Keener called for public comments without response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve Resolution No. 09-24, A RESOLUTION AUTHORIZING THE GRANT OF $1,800,000 TO THE BOYS & GIRLS CLUB OF ELKO FOR THE RECREATION CENTER in two equal installments with the first $900,000 installment paid during the 2025 fiscal year and the second $900,000 installment paid upon issuance of a Certificate of Occupancy for the Recreation Center, but not before July 1, 2025. The motion passed unanimously. (4-0) XIII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 55-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Lucas Gums and Shawna Jones / Sartini Gaming, LLC, DBA Gold Bar, located at 3600 W. Idaho Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten said this is for the Gold Bar at the Sinclair on West Idaho Streed. They have had a liquor license in the past, but they have new people on the license. Mayor Keener asked if all of the workers have bar cards. Chief Trouten said the license was for retail liquor. **Note: Additional clarification on this point was provided by Chief Trouten during discussions on the following item (XII.B.), see below. Mayor Keener called for public comments without a response. May 28, 2024 City Council | Minutes Page 10 of 19 ** A motion was made by Council Member Simons, seconded by Council Member Morris to ratify the Police Chief issuing a 55-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Lucas Gums and Shawna Jones, DBA Gold Bar, located at 3600 W. Idaho Street, Elko, NV 89801. The motion passed unanimously. (4-0) B. Review, consideration, and possible approval to issue a revised Packaged Liquor License to CVS Pharmacy located at 550 W Idaho Street, Elko, Nevada 89801, from Kristin Brace to incoming Manager Christine Hegge, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten started by saying he had a correction to the previous item (XIII.A.). Until they have their liquor license, which they won't need a bar card for the Gold Bar, as they bring their employees in they will. Regarding this item, this license is for packaged liquor for CVS. It is a change on the license from one person to the next. He has no concerns on the background whatsoever. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the issuance of a revised Packaged Liquor License for CVS Pharmacy, from Manager Kristin Brace to incoming Manager Christine Hegge. The motion passed unanimously. (4-0) BREAK Councilmember Simons left at 5:40 pm. There was still a quorum and the meeting continued. C. Review, consideration, and possible action on a request from Cementation USA Inc. that the City of Elko waive the requirements for a Water Main Extension and the installation of curb, gutter and sidewalk related to property development located at 121/109 West Douglas Street and identified as APN 001-710-012, and matters related thereto. FOR POSSIBLE ACTION There are several sections of code that address property development within the city. These various codes range from the Building code, Planning and Zoning, Fire code, Extension of Water and Sewer, to the Installation of Curb, Gutter and Sidewalk. Cementation USA Inc. (Cementation) submitted a memorandum dated April 17, 2024, requesting that the City Council waive certain requirements related to the development and a change of use on the property to accommodate the establishment of an Elko site. Cementation requested a waiver from the requirement to install curb, gutter and sidewalk on the property frontages and the requirement to extend water utilities on the property frontages as well. May 28, 2024 City Council | Minutes Page 11 of 19  Sidewalk, Curb and Gutter: Although the City Code expressly gives the Council the authority to waive the curb, gutter and sidewalk requirements of city code 8-21-3, Cementation does not meet the requirements for a waiver in this individual case for the following reasons: 1. Cementation submitted its waiver request in a memorandum rather than the required City form entitled “Application to Waive Curb, Gutter and Sidewalk Installation.” As a result, the request did not contain much of the information required by 8-21-3 and the Application Form. 2. Cementation did not submit the non-refundable $250.00 fee with the request as required by 8-21-3 and the Application Form. 3. The request did not include the Plot Plan required by the Application Form. 4. The request was not submitted by the property owner, a tenant, lessee or contractor. duly authorized to represent the property owner as required by 8-21- 3. 5. The request did not show cause for the waiver as required by 8-21-3. 6. The request did not submit any evidence that it would be impractical to install sidewalk, curb & gutter because of circumstances beyond the reasonable control of the requesting part. 7. The Planning Department provided the proper application and guidance for a curb, gutter and sidewalk waiver to Cementation on April 18, 2024. Cementation did not respond to the communication. Waiver of Other Development Requirements: Unlike 8-21-3, none of the other applicable development sections of City Code contain a provision expressly empowering the Elko City Council to grant a waiver in an individual case. All of the other development requirements in this individual case are city ordinances codified into the City Code. It is Staff’s opinion and recommendation of the attorney consulted on the matter, that the Elko City Council: (1) should not consider the waiver request of Cementation from the sidewalk, curb & gutter requirements of the City Code; and (2) cannot consider the waiver request of Cementation from any of the other development requirements of the City Code. RN Ralph Negron, Development Manager, said staff is recommending the council take no action on this item. Spencer Withers was here representing Cementation. He sent an email earlier today requesting the curb, gutter and sidewalk to be presented at the next meeting, so we’d like to just discuss the water line. There is a 6” line going down Douglas Street, but there aren’t ones that go down 1st Street or Water Street. The three neighboring properties on Water Street have recently been purchase and staff have been in discussions with the new property owner regarding improvements required prior to development. Mayor Keener asked why Cementation should improve the value of those properties on Water Street. May 28, 2024 City Council | Minutes Page 12 of 19 Mr. Negron clarified that they wouldn’t. They would only go down to the corner of 1st Street and Water Street. Further improvements would have to be extended by the neighboring landowner. From 1st Street down to the end of his properties. Mr. Wilkinson said citywide, if we didn't have utility extensions on property frontages, the next property down would have to go back across that entire frontage and pick that up. Some properties have one, two, or even three frontages, like the Performance Athletic Center. Extension of utilities and street improvements are very important so that the next guy in line can develop. One other fundamental concern is the council really has no authority under the code to even take action on the request. There's nothing in the code providing the council the opportunity to consider it. A similar item was heard by council regarding improvements for Zaga Way for Elko Wire Rope. There was nothing in the code that allowed the council to consider that request not to put those street improvements in. There was some discussion about making sure that we consider and treat everybody the same, across the community. On that issue, the council didn't take any action because it didn't have any authority under the code to consider it. Elko Wire Rope is moving there development forward now and those improvements on Zaga Way are not a concern this time around. Mayor Keener said they built a very large regional facility down in Arizona that should have been here in Elko. And that was a contributing factor. He asked if this line gets extended, could there be some type of a mechanism whereby when those lots are developed on Water Street there would be some sort of reimbursement. Mr. Johnson said it depends on who develops first. There are four properties on Water Street, between 1st Street and 3rd Street. If the owner of the three parcels in the middle were to develop first, there could be a potential for reimbursement. Those two city blocks are being served by a 2” line, which is not adequate. There is also no fire flow or fire hydrants. Mr. Wilkinson said staff has sent letters to the property owner of the fourth lot regarding the illegal junkyard occupancy on that property. They will be having the same conversations with them. They have already had conversations with the property owner of the three lots in the middle. Mayor Keener asked Mr. Johnson how much it would cost. Mr. Johnson said he would guess close to $60,000 to extend it, which would include the street cut. Spencer Withers, Cementation USA representative, 109 W. Douglas Street, said they have been quoted $65,000 from Canyon Construction plus the fire hydrant. This project is part of the company’s efforts to establish a local base in Elko. They are a mine construction and operating contractor. It is going to be an equipment yard and storage area. As part of getting a business license, several requirements were communicated to them. The property already has a water line, there are two water lines and one sewer line coming up from Douglas Street. Their contention is that all the value is for the three neighboring properties on Water Street. It is a pretty significant burden that doesn’t bring any value to what they are doing there. There is a fire hydrant on Douglas Street, on the corner. They are not contesting the other requirements. They are reasonable and necessary. May 28, 2024 City Council | Minutes Page 13 of 19 Regarding the sidewalk, they had misunderstood the process of the paperwork, but the application and non-refundable fee was submitted today for future consideration. Mr. Wilkinson said the argument of only taking the water to the corner of one’s property and not across the frontage because it doesn’t provide any value to the property can be presented for any property across the city. The value is for a complete development within the city of Elko with complete infrastructure of utilities and streets as required by code. The only way to get it to the corner of a property is for somebody to extend it across their frontage. So somebody has to extend the water lines. There are some legacy problems with development that's occurred in the city of Elko overtime. Councilmember Stone asked about the three neighbor’s properties. If they came in next week, would they be required to do the same improvements? Mr. Wilkinson said yes. Councilmember Stone suggested the two property owners get together to discuss costs. Mr. Withers said he would be open to exploring that. Mr. Johnson added either way it extends, the city would install the valve. They do hot taps on all city mains, and not at our expense. Mayor Keener called for public comments without a response. NO ACTION XIV. REPORTS A. Mayor and City Council Mayor Keener said he received a letter from Carolyn Jones, dated May 8th, expressing gratitude for the City of Elko Fire Department. It was great to attend the groundbreaking for the Nevada Gold Mines Rec Center a couple weeks ago. He is excited to see that project progress. There is a rec board meeting on Thursday. Councilmember Stone said the VFW ceremony for Memorial Day at the cemetery went well. There were over 300 people in attendance, which is the biggest it's ever been. The Elko Convention & Visitors Authority (ECVA) is starting to set up for the Mine Expo. Mayor Keener enquired about the ECVA parking lot entryway and the work that had been done there. Councilmember Stone said that was to put in new drainage to fix erosion, elevations, and replace a box. It was an ECVA project, not a city project. May 28, 2024 City Council | Minutes Page 14 of 19 Councilmember Morris said with the Mining Expo, there will be a golf tournament on Monday and Tuesday. He and some of the other members of the Men's Association have volunteered to do some marshalling of the event. Later in the reports, Mayor Keener also said he received a thank you card from Judith Moschetti, and thanked Ms. Laughlin for getting repairs done on the centennial tower roof where the paint had chipped off. B. City Manager Ms. Baum thanked Councilman Morris for marshalling the golf tournament. The swimming pool boiler was broke down and the pool was closed today. Stefan Beck and James Wiley have been abating the crickets on city property. The state reported their aerial treatments are finished. Mayor Keener asked how soon the aerial treatments are effective within. Ms. Baum said she would have to ask Jeff Knight. Areas treated include Jiggs Junction, Dixie Flats, Elko Mountain, Pine Valley, Gund Ranch, Buffalo Valley, Antelope Valley, Hwy. 50, Cold Springs, and Diamond Valley. There is a long list of properties that they are baiting as well. She received an e-mail from Amity's office that the city’s grant application for the water tank on the South side of town has moved to subcommittee. She received an e-mail today from the state of Nevada in regard to the lease agreement that we have with the Boys and Girls Club for the outdoor pool. They said that is in compliance with the encumbrance. She sent a follow-up e-mail asking for direction on a conversion. She also thanked Annette Robinson from the clerk’s office for doing an amazing job during this staffing transition. C. Assistant City Manager Councilmember Stone asked if there was a progress report for the Veteran Cemetery. Mr. Wilkinson said the Development Manager reported they have broke ground. They are grading the property. Mayor Keener asked if he know anything about the bids. Mr. Wilkinson said he wasn’t sure and asked Mr. Negron if he knew who the contractor is. Mr. Negron said he believed it was Acha. They are currently grubbing out the sagebrush. Mayor Keener asked if they are going to do a formal groundbreaking ceremony. Mr. Negron was not sure, but said he would reach out. G. City Attorney May 28, 2024 City Council | Minutes Page 15 of 19 No report. K. City Planner No report. J. City Clerk No report. M. Financial Services Director Candi Quilici, Accounting Manager, had no report. Ms. Davis reported back about the Mayor's question during the budget presentation regarding the $4.3 million in community support. The breakdown for that is as follows: from Slide 8, ARPA funds to Nevada Health Center of $118,000, which will come back to the council before it's paid out of the $683,000 shown on Slide 9; Slide 13, RDA funds of $3.5 million. E. Public Works Mr. Algerio said they will be setting up traffic control for the Mine Expo. With the rec center construction, it's not going to be the normal set up. They are working with Acha to get at least one lane of Golf Course Road open. Regarding Mayor Keener's earlier question about cricket treatments, on the radio they mentioned it takes 10 to 14 days for it to kick in because it prevents them from shedding and growing. Mayor Keener asked if they had been doing street sweeping like in previous years. Mr. Algerio said yes, but not in the same areas as last year. On Winchester and Colt it has been an everyday thing. They have swept up four or five tons of crickets in the last couple days. Mayor Keener suggested someone reach out to Mr. Knight about spraying areas closer to the city. Ms. Baum said they won't spray or bait on county, city or private land. Mr. Wilkinson added the city doesn't have much property on the south side of the city. F. Airport Manager Mr. Foster said they just completed their FAA certification inspection last week. It is a yearly inspection for their operating commercial certificate. They did really well, just a few minor things that they'll take care of. They will be doing a Phase 2 of their focus planning study. They got an additional grant offer from the FAA and they provided alternatives on how they are going to take care of the May 28, 2024 City Council | Minutes Page 16 of 19 runway object free area. The airport has been baiting and burning grasshoppers and has hired a local pest control company to help take care of them. Starting July 1st, Sky West will be bringing in their CRJ-550, which seats 50. The current CRJ-900 model seats 76. Both planes are the same size, but the seating configuration will be different – 10 First Class, 20 Comfort Plus and 20 Coach. This will help with their enplanement numbers. As long as their enplanement numbers are staying up, it keeps the MRG down and keeps them in line for the federal funding. 10,000 is the threshold for enplanement. He received a phone call today from Sky West letting him know they were working on a marketing campaign for the change. Also starting on July 1st, they no longer have to do their DRO program. That will save them 4 hours of overtime every day for staff. In order to be ready in the event of a different airline coming in, they are still planning to upgrade their security plan up to the next level. He just sent final comments back to the TSA. Mayor Keener asked about a payable for a refund to an individual that had lost their security pass. Mr. Foster said there's a two-week grace period in the event a badge is lost. The employee has two weeks of reporting it lost to find it. Then they get a refund. H. Fire Chief Mayor Keener said he saw on the news today that unions are pushing back on the Biden administration on their advocacy for the electric vehicles. He asked if our city fire department has experienced any EV battery fires yet. Chief Johnston said they've had a total of 2 within the past four years. The amount of water it takes to extinguish this type of fire is significant and would task our system greatly. They have a couple different tactics and just changed their SOP. The first tactic is a Kevlar blanket and the second is water under the car. Both tactics are not 100% proven so they have to use their best judgement getting a vehicle out of a residence. One of these fires can use close to tens of thousands of gallons, which runs down the street and into storm drains. They will be going to a DOT conference on July 16th and 17th to come up with a better firefighting solution. The lithium plant in Storey County will also be there. A home’s combustible zone is 10 feet. Electric vehicles, barbecuers and charging ports all need to be stored away from the home. He also wanted to thank Ms. Baum for her support regarding his CEM certification. I. Police Chief Mayor Keener said during the Chief’s report, he didn’t see a line item for DUIs. Chief Trouten double checked the presentation and confirmed they weren’t on there. He would get him those numbers. DUI enforcement is down significantly. D. Utilities Director May 28, 2024 City Council | Minutes Page 17 of 19 Jim Kerr, Water Superintendent said two weeks ago they had another bore strike on main, over on Clarkson Avenue. While they were working to try to get that leak under control, they recharged the line. The old service line to the townhomes broke. His crew was out until early into morning. He thanked Mr. Algerio and his crew for jumping in and helping. Mr. Johnson said the modernization project is currently out to bid for the first phase, which includes meters, leak detection and water quality monitoring. The bid opening with be on June 12th. Then another RFP will go out for the asset management and smart pumping. And then the third component of that would be construction, but that is a ways off. David Spiegler is going to give a presentation on the modernization plan, probably at the next meeting. The Errecart project is also out to bid. The bid opening will be on June 5th. The Cattle Drive project should be wrapping up at the end of the week. It is an ARPA project. The booster station project has already been bid. We received 30 to 40 submittals in the last two weeks. So once we get all those approved, we'll be able to start construction after July. Mayor Keener said there was a payable in the amount of just under $10,000. Was that for the booster station building permit? Mr. Johnson said yes. P. Building Official Mayor Keener said he had heard of apartment complexes that have been permitted, but asked if that was for both. Jeff Ford, Building Official, said for one. Mayor Keener asked if it was for the one by Wendy’s, the four-story one. Mr. Ford said yes. It is ready to issue, but it hasn't been picked up. Mr. Wilkinson said there is another one off Mountain City Highway under construction. Mayor Keener asked if that is a Bailey one? Mr. Wilkinson said yes. They have a grading permit. Mr. Ford said it is right behind the Dollar Tree. They did a site plan, but not building plans yet. L. Development Manager No report. N. Parks and Recreation Director May 28, 2024 City Council | Minutes Page 18 of 19  O. Civil Engineer XV. 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 After the final report, Mayor Keener called for final public comments without a response. At 6:40 pm the meeting went on break for the closed session regarding labor negotiations under items VIII.C. & D. Separate minutes of the session have been prepared. No action was taken. VIII. PERSONNEL (cont.) C. Closed session to discuss labor negotiations between the City of Elko and the Elko Fire Fighters Association, Local 2423 of the International Association of Fire Fighters, and matters related thereto. INFORMATION ONLY - NO ACTION REQUIRED Note: This portion of the meeting may be closed pursuant to NRS 288; therefore, the Council may move to adjourn the meeting prior to consideration of this item. D. Closed session to discuss labor negotiations between the City of Elko and the International Union of Operating Engineers, Local 3, AFL-CIO, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Note: This portion of the meeting may be closed pursuant to NRS 288; therefore, the Council may move to adjourn the meeting prior to consideration of this item. XV. COMMENTS BY THE GENERAL PUBLIC (cont.) At 7:59 pm the meeting continued as an open session. Mayor Keener called for final public comment. There were no public comments made at this time. There being no further business, Mayor Reece Keener adjourned the meeting at 8 pm. Mayor Reece Keener Cathy Laughlin, Acting City Clerk May 28, 2024 City Council | Minutes Page 19 of 19