Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS June 11, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, June 11, 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 Jim Foster, Airport Manager Cathy Laughlin, City Planner / Acting City Clerk Ralph Negron, Development Manager Jim Kerr, Water Superintendent Candi Quilici, Accounting Manager Dave Stanton, City Attorney Scott Wilkinson, Assistant City Manager James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief Julie Davis, Financial Services Director Annette Robinson, City Clerk Technician II Rachel Randall, Planning Technician Justin Alanis, Facilities Superintendent Jason Pepper, Police Lieutenant III. PLEDGE OF ALLEGIANCE June 11, 2024 City Council | Minutes Page 1 of 18  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 Mayor Keener said today is the primary election. For those that live in Elko, the polling place is Adobe Middle School and there are about 3 more hours to vote. V. APPROVAL OF MINUTES A. May 28, 2024 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Presentation by the Shpigler Group on the Modernization Plan updates, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM Council directed to to bid the Modernization Plan and RFP's will be received on 6-12-24. Staff would like to update council on the process and next steps. DJ David Shpigler, Shpigler Group, via GoTo, went over the presentation in the agenda packet. The bids for the project are due tomorrow. There are three elements to the bid – an advanced metering system (AMI), leak detection, and an automated water quality monitoring system. There are three phases to the project – Phase 1, replace existing meters (6 months); Phase 2, adding new meters to existing pits (12 months); and Phase 3, construct new pits (24 months). Phase 3 will be bid separately later once more information is available. We anticipate coming back to the council to award the project on August 13th. The formal award could be dependent on the SRF low interest loan execution. Separate from this bid is exploring an asset management system, which would enable us to utilize the data from the meters and the other systems to better plan for system operations and employ capital more effectively. The reasons for not including it in this bid were because this is different from an AMI so there will be a different set of vendors, and it could have a broader application to the city, instead of just being used by water utility. Mayor Keener called for public comments without a response. B. Presentation for a dedicated Pickleball Facility to be developed by the Elko Parks and Recreation Department by Mike Blythe, and matters related thereto. FOR POSSIBLE ACTION June 11, 2024 City Council | Minutes Page 2 of 18  Mike Blythe, pickleball club representative, went over the presentation provided in the agenda packet that gives a brief history of pickleball in Elko, shows examples of pickleball facilities in other communities, outlines the challenges the club currently faces with the existing city park facilities that are not specifically designed for pickleball play, and plans for dedicated courts at Southside park. From 2020 to 2023, the club went from 20 members to 100 members, which copies the national trend of the sport quintupling in popularity. It is now the third most popular sporting activity for adults, after biking and running. Naples, Florida has a similar population to Elko, and it has 93 dedicated pickleball courts. At Southside Park, the city has painted over the tennis courts so they can play there, but there are a number of safety hazards – the surface is slippery, it is not concussion rated, and there is a potential to trip at the edges. The club has to bring their own nets. They would like to convert the rollerblade rink to five dedicated pickleball courts. The slab is already post-tensioned and there is a parking lot. Mayor Keener said he is in favor of developing the infrastructure to support the continued growth of the sport in Elko. He asked when the club plays at Southside Park during this time of year. Mr. Blythe said it plays in the mornings from 8 am to 10 am, and in the evenings from 5:30 pm to 8:00 pm on Tuesdays and Wednesdays, weather permitting. Councilmembers Chip Stone and Clair Morris said they are also in support. James Wiley, Parks and Recreation Director, said there have been some pretty significant efforts towards better facilities in Elko. We are trying to put together a 5-year capital improvement plan which will include several projects revolving around racket sports in general. He has met with the company that built the Southside basketball and tennis courts. He has asked them to put together numbers for dedicated pickleball courts at that park. He also plans on resurfacing all the racket facilities in the next few years and has been getting pricing on premier cushion type court surfaces. There will be a Parks and Recreation board meeting in June or July to discuss all of this. Jane Zugazaga said she was concerned about the construction season being the same as their playing season. Mr. Wiley said he did not think construction would have a super long impact on play. The courts they currently use at Southside would be a resurface installation which wouldn’t take a lot of time. The basketball courts would be resurfaced at the same time. The one that would take longer is the ice rink because it is not a post-tension slab, but he thinks it can be converted rather quickly. The handball court and basketball court across the street from City Hall will take longer because the slabs will be replaced. Debbie Pawelek suggested doing the ice rink first so they can continue playing on the courts. Karen Kump suggested looking at the workout place at Angel Park as well. It did not appear to have much use. June 11, 2024 City Council | Minutes Page 3 of 18  Mr. Wiley said an outdoor fitness station was installed there a couple years ago. It does not have any structured programing right now. He was looking for a fitness instructor. He did not think pickleball could be incorporated there because the fitness station has a fairly large footprint and the surface is different. VIII. APPROPRIATION A. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the regular warrants in the amount of $516,463.66. 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 $98,881.62. The motion passed unanimously. (4-0) ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the utility refunds in the amount of $1,600.43. The motion passed unanimously. (4-0) B. Review, consideration, and possible award of a contract for the Elko City Hall Boiler Replacement Project, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for Elko City Hall Boiler Replacement Project on April 23, 2024. Bids were received on Friday May 31, 2024 and opened at 1:30 pm. There were three bids submitted and reviewed by city staff. The bids received were as follows: Charles Chester Plumbing and Heating Inc. – Bid Amount $141,488.00 KAP Mechanical – Bid Amount $178,737.00 US Mechanical LLC – Bid Amount $199,255.00 The bid from Charles Chester Plumbing and Heating Inc. was deemed nonresponsive based on the following: 1. Failure to include a printout from the Nevada State Contractor's Board internet website (http://www.nscb.nv.gov) as required under Section 2, Paragraph 8 of the Bidding Requirements. 2. Failure to include a printout from a Business Entity Search on the Nevada Secretary of State Website within 30 calendar days prior to the date for receipt of Bids showing that the June 11, 2024 City Council | Minutes Page 4 of 18  Bidder is an active entity registered in that office, as required under Section 2, Paragraph 9 of the Bidding Requirements. The bid from KAP Mechanical was deemed responsive based on the following: 1. The bid contains a printout from the Nevada State Contractor’s Board as required under Section 2, Paragraph 8 of the Bidding Requirements showing that KAP Mechanical has a general building contractor’s license (subclassification B-2) and meets the requirement of Section 2, Paragraph 8 of the Bidding Requirements that the license is of the type and the monetary limit is sufficiently high to permit the bidder to perform the work as a general contractor. It should be noted that NRS 338.010 defines “general contractor” to include a person licensed for general building contracting as described in subsection 3 of NRS 624.215. NRS 624.215 subsection 3 contemplates that a general contractor may contract to perform specialty contracting if he or she holds the appropriate specialty license or if he or she is a prime contractor on a project. If awarded the contract, KAP Mechanical would be the prime contractor on the project and, moreover, the bid shows that KAP Mechanical holds a C-21 specialty license, which is the specialty license required for boiler work. 2. KAP Mechanical’s bid met all other requirements for the submittal. The bid from US Mechanical LLC was deemed nonresponsive based on the following: 1. Failure to include a printout from the Nevada State Contractor's Board internet website (http://www.nscb.nv.gov) as required under Section 2, Paragraph 8 of the Bidding Requirements. 2. Failure to include a printout from a Business Entity Search on the Nevada Secretary of State Website within 30 calendar days prior to the date for receipt of Bids showing that the Bidder is an active entity registered in that office, as required under Section 2, Paragraph 9 of the Bidding Requirements. SAW Justin Alanis, Facilities Superintendent, two out of the three bids have been deemed non-responsive, and so even though KAP Mechanical is not the lowest bidder, they are the lowest responsive bidder. So that’s why it’s being recommended to award this bid to them. From a facility maintenance standpoint, the age of the boiler is a concern. He does not want to lose the boiler before the weather starts getting cold in mid-October if the project were to go out to bid again. Mayor Keener asked counsel if the letter from Charles Chester Plumbing and Heating had been reviewed (see meeting minutes packet). Dave Stanton, City Attorney, said yes. A public entity that bids a contract has the right to insist on strict compliance with the bidding requirements. The bid instructions said the bidder had to supply a print out from the Nevada Contractors boards website within 30 days stating that the contractor had a general building contractor's license, subcategory B. The failure to include that document in response to the bidding instructions renders a bid non-responsive. Part of the confusion is that some of the bids included another document supplied by the contractor's board called a certificate of eligibility, which is not the same. June 11, 2024 City Council | Minutes Page 5 of 18  The City Council cannot waive a requirement in the bidding documents that is substantive. It can only waive minor technical irregularities that do not deprive the city of the ability to ensure the contract requirements will be satisfied. If a bidder is awarded a bid and the bid does not contain substantive documents that are requested in the instructions, then that bidder has a competitive advantage over other bidders and the City Council is deprived of the ability to ensure the contract is going to be performed according to the terms of the bidding documents. Scott Wilkinson, Assistant City Manager, agreed. After a considerable time deliberating the matter between the City Clerk, City Attorney, and himself, it was determined that the third bid was responsive, which led to the recommendation to award the project to KAP Mechanical. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Simons to award the contract for the Elko City Hall Boiler Replacement Project to KAP Mechanical in the amount of $178,737.00. The motion passed unanimously. (4-0) VII. PERSONNEL A. Employee Introductions: 1. Joseph Roberts, Airport Operations/Maintenance Officer, Airport Jim Foster, Airport Manager, introduced Joe Roberts. He is the fifth and final member out at the airport. Mayor Keener welcomed Mr. Roberts. IX. NEW BUSINESS A. Review, consideration, and possible action to reserve a parcel of land approximately 5.6 acres, referred to as APN 001-860-106, owned by the City of Elko for a possible conveyance to the Boys and Girls Club of Elko, and matters related thereto. FOR POSSIBLE ACTION The Boys and Girls Club of Elko have been considering this parcel for a portion of the proposed Event Center. Taking action to reserve this parcel for a short period of time will allow the Boys and Girls Club of Elko to continue their due diligence on the development not allowing other potential buyers to request to purchase the land. If the Boys and Girls Club of Elko continue with the proposed location for the Event Center, an agreement and Resolution for the conveyance of the land will come back to City Council. CL Cathy Laughlin, City Planner / Acting City Clerk, said the property is listed on the city’s land inventory as Vacant and For Sale. Anyone can ask to purchase it. The Boys and Girls Club have spoken to the city about it as part of their Event Center project. This reservation would take it off of the land June 11, 2024 City Council | Minutes Page 6 of 18  inventory for up to a year and allow them enough time to do their due diligence on the property. Then it can either be conveyed or put back onto the land inventory for sale. Casey Gallagher, Boys and Girls Club representative, said the Club is happy to be bringing this project to the community. They have had a few conversations with the city about different sites for this project – property over by the Komatsu property, one by the police station, and this site. This site fits their project the best because it has good access to utilities. The adjacent property is BLM and they have the potential to lease part of that property to expand the facility to give them the proper footprint that they need. The Club is requesting this piece of land be taken off the available lands list for the time being. He foresees the Club coming back in the next couple of months to ask for a conveyance. Councilmember Morris said it's a good location for the project and was in support of it. Councilmember Stone asked if the initial project would need more land. Mr. Gallagher said the adjacent BLM property was being leased by the school district. They have had some discussions about subleasing or leasing a portion of the parcel so that they can extend the parcel and square it up, so they would have a little over 20 acres. They are planning on putting the center as far to the southwest of the parcel to help mitigate any noise or disruption to the surrounding communities. Mayor Keener liked that an event center would have great freeway visibility at this location and was also in support of it. He called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve reserving APN 001-860-106 for a period of one year for the possible future conveyance to the Boys and Girls Club of Elko. The motion passed unanimously. (4-0) B. Review, consideration, and possible action to approve a letter of support for a Federal Land Access Plans Program grant application, prepared by Elko County, to further the possible development of the Humboldt-Rubies Trail, and matters related thereto. FOR POSSIBLE ACTION Leslie Creel, Executive Director of the Elko Trails System Initiative, has requested that the City provide a letter of support for the grant application. The proposed trail system meets Objectives 5 and 7 of the City’s adopted Mater Plan and incorporates segments of existing infrastructure. JW Mr. Wiley said the grants they are applying for cover design and construction. The city's involvement would be to provide maintenance on those sections that are within city limits. Bicycle access and walkable pathways are part of the city’s master plan objectives. They are looking for a letter of support, which is necessary for the grant application to help them show support from our agency. The exhibits in the agenda packet show the sections of the plan in the city, including Lamoille Highway and extending the HARP Trail to the Sports Complex and possibly out to the California Trail Center. June 11, 2024 City Council | Minutes Page 7 of 18  Leslie Creel, Elko Trail System Initiative Director, said the city component is one segment of a much larger submission. It's been 7 years since the last call for applications from Nevada. They are submitting the full system for evaluation. Mayor Keener said he was in support. Elko is not a real bike friendly community. He then called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve a letter of support for Federal Land Access Plans Program grant application, prepared by Elko County, to further possible development of the Humboldt-Rubies Trail. The motion passed unanimously. (4-0) C. Brief Presentation and possible acceptance and payment for a renewal proposal from Nevada Public Agency Insurance Pool (POOL) for FY2024/2025, or selection of an alternative coverage based on adjustments to the maintenance deductible and approval of payment based on the selected option for renewal, and matters related thereto. FOR POSSIBLE ACTION As a member of the Insurance Pool, the City of Elko owns a share of the equity that forms the basis for its financial strength. The City of Elko’s total program costs for FY 2023/2024 were $870,241.88. Your agenda packet includes an overview of coverage options offered for the following fiscal year. The options available for consideration are: Option 1 – Deductible; $5,000 with a Total Program Cost of $941,196.43 Option 2 – Deductible; $10,000 with a Total Program Cost of $898,219.50 Option 3 - Deductible; $25,000 with a Total Program Cost of $811,716.36 Option 4 - Deductible; $50,000 with a Total Program Cost of $754,770.08 Staff is recommending that the council consider Option 1 or Option 2 in its motion. JD Dain Uriarte, LP Insurance, said at the direction of council he went out and sought alternative insurance options. By and large he found the alternatives were incomplete, not cost effective, and had a lot of coverage gaps. His recommendation right now would be the POOL option. Stephen Romero, POOL/PACT, said the city has been in the POOL for a long period of time and thanked us for our membership. As the broker for the POOL, he goes out to London every single year and puts together the best deals that he possibly can with the London markets for property. On liability he makes sure we're with the appropriate markets to get the best pricing and terms possible. Page 7 of the POOL/PACT presentation provided in the agenda packet shows the program structure. The city just started the ERMEP program, which in the end could bring the city an additional $24,000 once complete. For the 2022/2023 year, 966 eLearning courses were assigned and completed. June 11, 2024 City Council | Minutes Page 8 of 18  Mayor Keener said we had a 20% increase last year and then for this upcoming year another 9% increase. As a board member, he wanted to make sure he was doing his proper due diligence. After reviewing Mr. Uriarte’s findings, it gives him so much more confidence in the product that we're signed up for. He was in favor of renewal, with the $5,000 deductible option (Option 1). The rest of the board members concurred. ** A motion was made by Council Member Stone, seconded by Council Member Morris to to adopt Option 1 – Deductible; $5,000 with a Total Program Cost of $941,196.43, for our insurance, staying with the Insurance POOL. The motion passed unanimously. (4-0) Mr. Romero invited the board to come to their Enterprise Risk Management conference that will be held at the Elko Convention Center on September 4th and 5th. D. Review, consideration, and possible approval of a request from the Mr. Arron Lamb, to assign its interest, ownership and airport lease of Hangar C7 to Mr. Ira Wines, and matters related thereto. FOR POSSIBLE ACTION Arron Lamb and Ira Wines have mutually agreed upon the private sale of Hangar C7. Both parties request to assign the current Airport Hangar Ground Lease to Mr. Ira Wines. Mr. Wines agrees to assume all of the conditions of the Airport T-Hangar Lease Agreement for Hangar C7; entered into between Arron Lamb and the City of Elko on November 9, 2021. JF Mr. Foster said this is for a transfer of ownership of the ground lease for Hanger C7. 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 assignment and assumption of Airport Hangar Lease C7 from Arron Lamb to Ira Wines. The motion passed unanimously. (4-0) E. Review, consideration, and acceptance of a Termination Agreement Contract for the Food & Beverage Concession between the City of Elko and IDK Deli, LLC., and matters related thereto. FOR POSSIBLE ACTION The IDK Deli has been in service at the airport Since 2020. Recently due to unforeseen circumstances it has been agreed upon with Staff and IDK to close the business located at the airport. June 11, 2024 City Council | Minutes Page 9 of 18  Mr. Foster said Fernando with IDK Deli had some health issues come up, among other things, so we have decided to part ways. ** A motion was made by Council Member Morris, seconded by Council Member Simons to accept the termination agreement between the City of Elko and IDK LLC. The motion passed unanimously. (4-0) F. Review, consideration, and possible acceptance of a proposal for the Food & Beverage Concession services at the Elko Regional Airport from Daniel and Carrie Ornelas, The Kingdom, LLC dba Kingdom Café, and matters related thereto. FOR POSSIBLE ACTION City Council approved Staff’s request to solicit proposal for the Food & Beverage Concession at the Elko Regional Airport. The City received one (1) completed proposal from Daniel and Carrie Ornelas, The Kingdom LLC. dba Kingdom Café. JF Mr. Foster said when it was announced that IDK Deli was going to close, the city received some interest from other parties, one of them being the Kingdom Grub food truck. We met with them and went over expectations. They have submitted a proposal and are excited about opening more of a brick- and-mortar type of restaurant at the airport. They plan on having the restaurant open Monday through Friday for breakfast and lunch and then continue to use their food truck on weekends for special events. Mayor Keener asked about a target opening date. Mr. Foster said he would hopefully have the contract ready for the next council meeting. Then the opening would be around mid-July. Part of the agreement would include using our marketing consultant for a soft opening and a grand opening. The Elko Chamber of Commerce may be involved as well. ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the proposal from Daniel and Carrie Ornelas., The Kingdom, LLC., dba Kingdom Café and authorize Staff to negotiate a concession agreement for the Food & Beverage Concession for the Elko Regional Airport. The motion passed unanimously. (4-0) X. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 11-24, A RESOLUTION CONCERNING THE FINANCING OF WATER PROJECTS FOR THE CITY OF ELKO; DECLARING THE INTENT TO ISSUE WATER BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $14,000,000 FOR PURPOSES OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING CERTAIN DETAILS IN CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE THEREOF, and matters related thereto. FOR POSSIBLE ACTION June 11, 2024 City Council | Minutes Page 10 of 18  March 12, 2024 Council directed “Staff to develop a Water System Modernization Plan, including implementing a plan for city-wide meter installation, and implement leak detection, smart pumping and asset management modernization. This plan will include exploring financing through the State Revolving Fund (SRF) Program.” This is the formal resolution declaring the intent of the City of Elko to issue and sell water revenue bonds to defray the cost of the Modernization Project up to $14,000,000. JB Jan Baum, City Manager, part of the decision to go forward with the system modernization was to explore SRF funding. This is part of that process. The intent is to issue bonds up to $14 million. We would likely have to expend about $12 million but have been advised to go a little bit higher because of inflation and price changes. We will only draw what we need. If we are awarded the SRF funding, it will be at a 0% interest rate that we can amortize out for the life of the asset, which could be up to 30 or 40 years. In August or September, she will bring back the ordinance to go forward with the bonding. Mayor Keener asked if we get the grant and it was funded in full, would there still be a need for the bonds? Ms. Baum said no. The SRF funding is an interest free loan, there is a portion that if they decided to forgive any of the loan, they could do so, but we don't know how much that would be or if they will do that. She added, there will be a lot of cost savings with water conservation, less pumping cost. She could bring that back if the council would like to see that again. Mayor Keener stated that a little bit more than halfway through, like at year 3 1/2, is when it starts cash flowing. He was in support of the project. He asked would this all be on the water fund? Would this fund be used to pay the debt service on the bonds? Ms. Baum responded yes to both questions. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve Resolution No. 11-24, A RESOLUTION CONCERNING THE FINANCING OF WATER PROJECTS FOR THE CITY OF ELKO; DECLARING THE INTENT TO ISSUE WATER BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $14,000,000 FOR PURPOSES OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING CERTAIN DETAILS IN CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF. The motion passed unanimously. (4-0) B. Review, consideration and possible approval of Resolution 7-24, a Resolution amending the City Water Rates pursuant to Elko City Code Title 9, Chapter 1, Section 29, and matters related thereto. FOR POSSIBLE ACTION June 11, 2024 City Council | Minutes Page 11 of 18  At the March 12, 2024 meeting, the City Council directed Staff to complete a Business Impact Statement on the proposed fee increase for the City Water Rates. City Council held a public meeting on May 28, 2024 regarding the Business Impact Statement and the City Council determined that 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. CL Ms. Laughlin said this is the final step in the business impact statement finalization. The water rates will increase on July 1st if this resolution is approved. Mayor Keener said there has been a lot of discussion about this. As mentioned in the last item, part of the debt service will be paid for from some of the water revenue increases, which will amount to 10% from metered customers and 20% for non-metered. The board has been solidly in favor of this up to this point. He called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve Resolution 7-24. The motion passed unanimously. (4-0) XI. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 42-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Richard Estey, Paula Graziano and Allyson Estey, DBA Red Dragon Sports Bar #201, located at 404 South 5th Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Lieutenant Jason Pepper said the police department had no issue with issuing the license. Sev Carlson, Kaempfer Crowell, introduced himself as outside counsel for Nevada Restaurant Services and the applicants. He was available to answer any questions. Mayor Keener said it was a terrific item of revitalization for that neighborhood. It's quite a change from the empty lot that existed there before. He was in support of issuing the license. Mr. Carlson said the project has been in the works since 2018/2019. They are excited to be open and to be another option for your citizens and visitors in the community. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to ratify the Police Chief issuing a 42-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Richard Estey, Paula Graziano and Allyson Estey, DBA Red Dragon Sports Bar #201, located at 404 South 5th Street, Elko, NV 89801. June 11, 2024 City Council | Minutes Page 12 of 18  After the second, but before the second, Councilman Stone said 7 years ago he received a small donation from them when he was running for office. Mayor Keener said he had received a donation as well. The motion passed unanimously. (4-0) B. Review, consideration, and possible action on a request from Cementation USA Inc. that the City of Elko waive the requirement of the installation of curb, gutter and sidewalk related to property development located at 121/109 West Douglas St and identified as APN 001- 710-012, and matters related thereto. FOR POSSIBLE ACTION The property in question consists of two street frontages (W. Douglas Street, and 1st Street). The waiver request from Cementation is for curb, gutter and sidewalk improvements along the Douglas Street and sidewalk improvements on the S. 1st Street frontage of the property. Sidewalk exists across the street along a residential section of W. Douglas and South 1st Street. These frontages have existing curb, gutter, sidewalk and ADA accessibility at the intersection. The lot currently consists of several buildings and two residential mobile homes. Cementation is currently leasing this property owned by Cheryl Sharp. City Code Section 8-21-3(A) requires that curb, gutter, and sidewalk be installed “…upon developed lots or parcels of land involving a change in building occupancy and use of land…or upon a lot or parcel of land when a change of use results in a measurable increase in pedestrian or vehicular traffic…”,. The property was previously three separate parcels which have recently been merged into one. The property has never had a business license associated to these existing buildings and it has sat vacant for over 12 months, therefore, losing the legal non-conforming status. The property will have a change of use from a vacant property to an industrial use, which triggers the requirement for curb, gutter, and sidewalk. In addition, the future Cementation business will increase the number of vehicles and pedestrians traveling to this site. Pedestrian safety will be significantly impacted without the needed sidewalk. A detailed analysis of the application is provide in the Development Department memo dated June 4, 2024. RN Ralph Negron, Development Manager, said he receive a call from Spencer Withers late Friday asking to table this item until the next City Council meeting. ** A motion was made by Council Member Simons, seconded by Council Member Stone to table. The motion passed unanimously. (4-0) June 11, 2024 City Council | Minutes Page 13 of 18  C. Review, consideration, and possible approval to sell a portion of APN 001-610-074, consisting of approximately 2,596 sq. ft. of City-owned property, determining the process to follow in selling the property, authorization to Staff to obtain the required appraisal, and matters related thereto. FOR POSSIBLE ACTION Staff has received a request from Jared and Richelle Rader to purchase a portion of a City- owned parcel adjacent to a parcel owned by the applicant and referred to as APN 001-984- 010. The City Council can choose to sell the portion of the City-owned parcel either with or without a public auction, depending upon its findings. If the City Council decides to sell the City-owned parcel without a public auction, the applicable statute is NRS 268.061(1)(e)(1)(II), which allows the City Council to sell property owned by the City to any person who owns property adjacent to such property without offering it to the public if the City Council determines, by resolution, that the sale will be in the best interest of the City and the property is a parcel that is too small to establish an economically viable use by anyone else. If the City Council decides to sell the property through a public auction, the applicable statute is NRS 268.062, which allows for the sale of City-owned real property at a public auction after adopting a resolution declaring its intention to sell the property at auction. If the City Council decides to sell the parcel without a public auction, it must first determine that the parcel, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale. CL Ms. Laughlin said the adjacent property is off Aerie Lane. Before she was the City Planner, the city sold a portion of their parcel to the south neighboring property owner. One of the previous property owners of this property fenced off the backyard on city-owned property by matching up their fence from corner to corner with the neighbor’s adjusted corner. The city’s property is a retention basin off Chris Avenue. There are a couple of water tanks. It is staff’s opinion that this portion of the property would be considered a remnant, but it is up to the council to make that determination. The council has to determine if it has any economic viability to anybody other than the adjacent property owner. If it isn’t sold by public auction, then it would be done through a boundary line adjustment (BLA) between the two property owners. The applicant will be required to pay for the BLA, appraisal and associated closing costs. Mayor Keener said it made sense and was in support of it. Councilmember Morris agreed. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve authorize Staff to obtain the required appraisal for the proposed sale of a portion of APN 001-610-074, approximately 2,596 sq. ft. and the Council finds that the parcel being offered for sale is, as a result of its size, too small to establish an economically viable use by anyone other June 11, 2024 City Council | Minutes Page 14 of 18  than Jared and Richelle Rader the owner of the adjacent real property, and further finds that the proposed sale is in the best interest of the City. Accordingly, the City will proceed with the sale of the parcel pursuant to NRS 268.061(1)(e)(1)(II), subject to the following: first, Jared and Richelle Rader shall be responsible for all costs related the sale of the property; second, the proposed sale is subject to the Council accepting the appraisal; and, third, the proposed sale is subject to the Council approving the appropriate documents needed to close the sale, including the purchase and sale agreement. After the second, but before the vote, Mayor Keener called for public comments without a response. The motion passed unanimously. (4-0) XII. REPORTS I. Police Chief No report. A. Mayor and City Council Mayor Keener said the Elks are doing a ceremony this Friday at 5 PM at the Odd Fellows Hall for Flag Day. There is a lot that goes into their ceremony. It's really interesting because they will display a number of different flags and explain the significance of them. The Air Service Development Commission will be holding its first meeting in mid-August. He has received some calls from residents of a trailer park off of Bullion Road over some rate increases. The park was sold recently. They can only raise the rates once a year and they've already done so this year. The utility cost increase is coming and they're wanting to pass off the cost to the residents. He asked Mr. Stanton if a trailer park rebills utilities to their residents, does that in effect create a utility company? Mr. Stanton said you can have a small utility under the NRS if they are providing a utility to their residents. If the residents are all connected to the city's utilities, that probably would not qualify as a small utility. He would have to look into it further to fully answer that question. Mayor Keener said he would speak with Jan first. Councilmember Stone reported that the Mine Expo went very well. There was great attendance and many of the functions were sold out. One hitch was that the taxi service stopped providing rides right in the middle of the event. Hotels were running shuttle services to try and help. Mayor Keener said that came up at the Government Affairs Committee meeting yesterday at the Chamber of Commerce. Ms. Baum is going to put together a meeting with some stakeholders and other governmental entities to talk about that. June 11, 2024 City Council | Minutes Page 15 of 18  B. City Manager Ms. Baum said she has just started coordinating a meeting. She has emailed Elko County and Annette Kerr at the Elko Convention & Visitors Authority. Mayor Keener said the taxi service left a lot of money on the table by pulling out when they did. Councilmember Mandy Simons said it was an insurance issue. Ms. Baum continued her report. Regarding Mormon crickets, she received an e-mail today from Jeff Knight. They now have a weekly portal where they will be posting updates. For the week of June 3rd, they were going to continue on Mountain City Highway, Hamilton Stage, Spring Creek and Ryndon, Sundance, and next to Komatsu at Exit 298. The Parks department has been baiting up N. 5th Street, by the hospital, Hondo Hill, Jennings Way, and any property that we own that have crickets nearby. The street sweeper has also been out three times a day, even on the weekends. C. Assistant City Manager Mr. Wilkinson said the county also has been working with the Parks department and would like to thank them. Today, he drove through the Outlook Court/Connolly/Jennings Way neighborhood. It looks a lot better than last weekend when it was kind of overrun. G. City Attorney No report. F. Airport Manager Mr. Foster reported that the training class that they did at the airport this last week was for the whole staff. After the training, if they feel comfortable enough, they can take an online test that's proctored through, Triple-A.E., which is the American Association of Airport Executives. Kara Vera, she passed her ACE Operations course. He'd like to commend her for doing that. This is her second certification. M. Financial Services Director No report. L. Development Manager Mr. Negron reported that he spoke with Bobby Regasa with RT Contractors about the VA cemetery project. There isn’t a grand opening ceremony planned, but they are working with a lady in a different state to get that scheduled. They have started grubbing in small sections, but there have been some materials issues holding them up. He will keep the board updated. Mayor Keener asked if they have a grading permit. June 11, 2024 City Council | Minutes Page 16 of 18  Mr. Negron said yes. They have started grubbing in small sections. Dale Johnson, Utilities Director, added that NDEP is also holding them up. Until they satisfy the water and wastewater comments from NDEP, they'll have to be on hold. D. Utilities Director Mayor Keener asked why there were so many utility refunds. Candi Quilici, Accounting Manager, said it was because of people moving. Mr. Johnson had no report. E. Public Works Director No report. H. Fire Chief No report. N. Parks and Recreation Director Mr. Wiley reported they had started two projects on Monday – erecting the shade structures over the main city park’s BBQ pits and modernizing the electrical control panel at the SnoBowl. The second project will carry over into the next fiscal year, but he is hoping it will be wrapped up by the end of July. K. City Planner No report. J. City Clerk No report. O. Civil Engineer P. Building Official XIII. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN June 11, 2024 City Council | Minutes Page 17 of 18  Lee Hoffman said there were another 45 minutes to make it over to Adobe Middle School to vote. He also said he was able to introduce the Lieutenant Governor to crickets in Elko when he met him for coffee over at Cool Beans. There being no further business, Mayor Reece Keener adjourned the meeting at 6:14 pm. Mayor Reece Keener Cathy Laughlin, Acting City Clerk June 11, 2024 City Council | Minutes Page 18 of 18