Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS July 9, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, July 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 Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Reece Keener, Mayor City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Dale Johnson, Utilities Director Jim Kerr, Water Superintendent Jim Foster, Airport Manager James Johnston, Fire Chief Cathy Laughlin, City Planner / Acting City Clerk Ralph Negron, Development Manager Julie Davis, Financial Services Director Candi Quilici, Accounting Manager James Wiley, Parks and Recreation Director Annette Robinson, City Clerk Technician II Rachel Randall, Planning Technician Jason Pepper, Police Lieutenant III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC July 9, 2024 City Council | Minutes Page 1 of 12  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. V. APPROVAL OF MINUTES A. June 25, 2024 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Reading of a proclamation declaring July 6th thru July 14th, 2024 as Silver Stampede PRCA Rodeo Week, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Pat Laughlin, Silver State Stampede (SSS) President, introduced Alkie Meriluch, SSS Vice-President, Bob Rosevear, SSS board member, Matt Smith, SSS board member, Brandon Casey, and Ralph Chiquete. The Silver State Stampede is this weekend. Go to silverstatestampede.com to purchase tickets. The event is Friday, Saturday, and Sunday. They are partnering with the Boys and Girls Club for a concert on Thursday night, as well. Mayor Pro Tem Simons read the proclamation which proclaims July 6th and July 11th through July 14th, 2024, as Silver State Stampede days. She encouraged all citizens throughout the city of Elko and county to come out and enjoy the showcasing of the best and oldest rodeo in Nevada. (See meeting minutes packet) Mr. Laughlin said they really appreciate the support of the city. It makes a huge difference in getting sponsorship. They have people wanting to be involved instead of them having to go around trying to find support. Council Member Clair Morris said they put on a really good show. It’s amazing what they can put together with volunteers. B. Presentation by the Nevada Rural Housing Authority, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Katie Coleman, Nevada Rural Housing (NRH) Director of Communications and Home Ownership Programs, went over the Community Progress Report provided in the agenda packet under agenda item XI.A., a related item, requesting a transfer of the City’s unused Bond Cap. NRH has was established in 1973. It has grown from a public housing agency to a multi-faceted housing finance agency. It helps keep those on the brink of homelessness out of the cycle of poverty July 9, 2024 City Council | Minutes Page 2 of 12  and helps those families who are ready to take on the responsibility of home ownership. Its Home Ownership program, which started in 2006, has delivered over $2 billion in affordable mortgages. Its Home Buyer Tax Credit program has resulted in $45 million in tax savings to rural home buyers. NRH also assists around 1200 rural Nevada families with their rent. The City’s partnership has been a key contributor to the success of its programs. 380 home buyers in Elko have been assisted by its programs to date, which amounts to $85.2 million in affordable mortgages, $2.2 million in down payment assistance and $760,000 in estimated tax savings, which then gets reinfused back into the community. The Bond Cap is not a line item in a locality’s budget. It can be transferred to an entity like NRH, providing an opportunity to issue tax-free debt for qualified purposes. Agenda item XI.A. is a request for the council to vote again this year, to transfer the unused Bond Cap amount. NRH appreciates the City’s continued support. Mayor Pro Tem Simons thanked Ms. Coleman for her presentation. She said we will jump to item XI.A. now. XI. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 16-24, a Resolution providing for the transfer of the City's 2024 Private Activity Bond Cap to the Nevada Rural Housing Authority, and matters related thereto. FOR POSSIBLE ACTION Ms. Coleman said she did not have anything to add. Her remarks under agenda item VI.B. covered everything. Mayor Pro Tem Simons called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve Resolution No. 16-24, a Resolution providing for the transfer of the City's 2024 Private Activity Bond Cap to the Nevada Rural Housing Authority. The motion passed unanimously. (4-0) VI. PRESENTATION (cont.) C. Presentation by members of Flight Alliance of Northeastern Nevada (FANN), an organization formed with the mission to maintain and expand accessible, sustainable commercial air service at Elko Regional Airport. INFORMATION ONLY - NON ACTION ITEM Jan Baum, City Manager and FANN Chairperson, said they've been talking about FANN for a little over a year. Its mission is, "Members of private and public organizations coming together to maintain and expand accessible, sustainable commercial air service at Elko Regional Airport." (See meeting July 9, 2024 City Council | Minutes Page 3 of 12  minutes packet) She introduced the board members that were present, Terri Clark, Annette Kerr, and Rex Steninger. Terri Clark, FANN Treasurer, said it is an organization dedicated to keeping air service in Elko, by uniting the community behind that goal. The airport provides services not just to the city of Elko and Elko County, but also to Lander County and other outlying areas. FANN brings together those with vested interest in commercial air service, provides education, grows resources to keep the service, and promotes it amongst residents. Part of the reason FANN was formed was to help manage minimum rate guarantees (MRGs). It's a risk management program under an agreement, where the city or the community helps offset a little bit of the risk that the airline carrier would incur. When the cost to run the air service exceeds the revenue that's generated, it helps offset it. They don't have to cover the whole thing because they have negotiated to cover a portion of it, but FANN pays that now, instead of the city or another government entity. The first agreement was signed in December of 2023, providing coverage for the first six months of 2024. The CRJ-900, a 76-passenger plane, was used for service, but to break even, they would have needed a 90-95% load on every flight. The MRG for this period was $632,315. The actual cost to run the air service was $806,000. The agreement for the next six months is for the CRJ-550, a 50-passenger plane. They expect the same revenue, but a higher load. The MRG for this period is $683,971. Regarding funding, Ms. Baum said for fiscal year 2024, funds are coming from Hotelier tax and Elko County. The funds from Elko County have not been paid out yet. For fiscal year 2025, in addition to the Hotelier tax and Elko County funds, Lander County has also pledged funds. They are anticipating an increase in membership after their public education event in August. Membership fees will account for some funding. The organization’s 501(c)(6) non-profit status, which is similar to a Chamber of Commerce, was approved yesterday. Mayor Pro Tem Simons asked if the Elko County funds will come in before their next payment is due. Ms. Clark said yes. Regarding membership dues, she added that they have not been set at this time. She asked the council to help spread the word about their event in August. Council Member Giovanni Puccinelli said he noticed they have a couple spots open on the board and wondered why that is. Ms. Baum said it is because they haven't had their event yet. Through their bylaws, there is an opportunity to become a member and be able to be on the board. Rex Steninger, Elko County Commission representative and FANN Vice Chairperson, said the air service is important to the community. He thought it was unfair that the city had to bear that $1,000,000; the County should share it. He was happy to see Lander County give such a generous contribution. He has provided information to Eureka County and hopes they do something similar. In conjunction with support from industries that depend on the air service, they'll be well on their way to July 9, 2024 City Council | Minutes Page 4 of 12  re-establishing the air service that Elko deserves. Regarding the $500,000 from Elko County, he said it had been waiting for the 501(c)(6) to get established. Scott Gavorsky, resident, 878 2nd Street, asked if the tribal communities have been approached. Ms. Clark said because FANN was so new, they have not reached out to them yet. There has been some initial conversation, but they wanted to come to them with their ducks in a row. Ms. Baum added that they will be invited to the August event. VII. CONSENT AGENDA A. Review, consideration, and possible action to reappoint Planning Commission members Mr. John Lemich and Mr. Garret Kamps to an additional four-year term to expire July 2028, and matters related thereto. FOR POSSIBLE ACTION John Lemich and Garret Kamps terms expire July 2024. Pursuant to City Code Section 3- 4-1, Planning Commission members shall be eligible for reappointment, and the terms shall be four years or until his successor takes office. Mr. Lemich and Mr. Kamps have indicated an interest to continue serving on the Planning Commission. CL B. Review, consideration, and possible approval of the Full-Time Laboratory Technician position description, and matters related thereto. FOR POSSIBLE ACTION The Laboratory Technician position was approved from a part-time position to a full-time position in the 2024-2025 budget. The position description has been updated with minor revisions to accurately reflect the full-time status, duties and requirements of the position. SS ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the consent agenda as written. The motion passed unanimously. (4-0) VIII. PERSONNEL A. Employee Introductions: 1. Seth Morton, Patrol Officer I, Police Department Jason Pepper, Police Lieutenant, introduced Seth Morton as the Police Department’s newest patrol officer. He is headed to the Academy next week. Mr. Morton’s said he has lived here since he was six years old. He had family in law enforcement. He is really excited to serve the community and thankful for the opportunity. Mayor Pro Tem Simons welcomed him to the City of Elko. July 9, 2024 City Council | Minutes Page 5 of 12  Lieutenant Pepper said he and Council Member Morris both worked with his dad. Council Member Morris said it was a pleasure to work with his dad for many years. If he has the same values and work ethic that he had, he is going to do well. 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 Puccinelli, seconded by Council Member Morris to approve the regular warrants for Fiscal Year 2023/2024 in the amount of $566,747.56. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the hand-cut checks for Fiscal Year 2023/2024 in the amount of $404,387.74. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the regular warrants for Fiscal Year 2024/2025 in the amount of $64,066.68. The motion passed unanimously. (4-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the hand-cut checks for the Fiscal Year 2024/2025 in the amount of $1,261,059.14. The motion passed unanimously. (4-0) B. Review, consideration, and possible approval of the City of Elko Engineering Short List for the three Fiscal Years ending June 30, 2025, 2026 and 2027 for Public Works design and construction projects and matters related thereto. FOR POSSIBLE ACTION On March 26, 2024, the City Council directed Staff to solicit SOQs for engineering services for the three Fiscal Years ending June 30, 2025, 2026 and 2027 from qualified firms for City Public Works design and construction projects. The scope of the project was to have a list of qualified engineers for City Staff to be able to select from for any associated public works project needs within the city. DJ Dale Johnson, Utilities Director, said there were sixteen engineering firms that submitted for a variety of disciplines – civil engineering, surveying, structural engineering, mechanical engineering, geotechnical, roads & highways, bridges, parks & recreation, and design & architecture. He is asking July 9, 2024 City Council | Minutes Page 6 of 12  for the list be approved, with a provision that changes can be made with council approve for new firms, merged firms, and firms with name changes. Council Member Puccinelli asked if the engineering firm that missed 800-900 feet of pipe on the Cattle Drive project was on the list. They took no responsibility for the error. He has a problem with that. Mr. Johnson said they are not on the list. Mayor Pro Tem Simons called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the provided short list of competent and qualified Engineers for City staff to select from for projects for the three Fiscal Years ending June 30, 2025, 2026 and 2027 with a provision that new firms to the area, merged firms, or firms that change names could ask to be included in the list with City Council approval. The motion passed unanimously. (4-0) C. Review, consideration and possible authorization for Staff to apply for Small Community Air Service Development Program (SCASDP) Grant, and matters related thereto. FOR POSSIBLE ACTION The US Department of Transportation Department issued the Notice of Funding Opportunity (NOFO) on June 10, 2024. Applications are due no later than 4:00 PM EDT on July 25, 2024. The Small Community Air Service Development Program (SCASDP), a grant program designed to help small communities address air service and airfare issues. This grant will provide an applicant the opportunity to self-identify its air service deficiencies and propose an appropriate solution. SCASDP can involve, among others, revenue guarantees to secure new air services, financial assistance for marketing programs to support new or existing air service, start-up costs and studies. (Information used from the DOT'S website) JF Jim Foster, Airport Manager, said the US DOT allocates $12 million nationwide for this program. We have applied for the grant many times before. About ten years ago, when we lost the SkyWest Airlines Elko/Reno route, we received $400,000 for marketing. Last time, we applied in conjunction with the Reno-Tahoe Airport Authority, for an Elko/Reno route with Contour Airlines, with a 30-seat regional jet. We did not get the grant. He has started asking for letters of support for additional opportunities, like a midday flight with SkyWest Airlines, or starting a Reno air service. Each opportunity will be dependent on how it will offset the current MRG. Knowing our current MRG, he doesn’t feel comfortable asking for a $1 million grant. Lee Hoffman, resident, 1085 Barrington Avenue, if FANN would be involved. July 9, 2024 City Council | Minutes Page 7 of 12  Mr. Foster said the US DOT likes to see support from community consortiums as a part of the application. It shows them that we are coming together to increase air services. Because the City of Elko owns and operates the airport, we will be applying for the grant, but FANN could show support. Because FANN is so vast, it would show the US DOT funding would benefit not just the city, but all of FANN’s catchment area. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to authorize Staff to apply for the Small Community Air Service Development Program (SCASDP). The motion passed unanimously. (4-0) X. NEW BUSINESS A. Review, consideration, and possible approval of a Temporary Grant of Easement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy for Utility Facilities on APN 001-770-003, and matters related thereto. FOR POSSIBLE ACTION The Temporary Grant of Easement will allow NV Energy to relocate power poles for the construction of the Errecart Water Line Project on APN 001-770-003. DJ Mr. Johnson said once the water line goes through, the power poles will be placed back where they originally are. Dave Stanton, Legal Counsel, has reviewed the grant of easement. Mayor Pro Tem Simons called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the Temporary Grant of Easement between the City of Elko and Sierra Pacific Power Company, a Nevada corporation, d/b/a/NV Energy for relocating power poles for construction of the Errecart Water Line Project on APN 001-770-003. The motion passed unanimously. (4-0) B. Review, consideration, and possible approval of a request from the Downtown Business Association (DBA) for the closure of half the downtown parking corridor between 4th and 5th Streets for food truck vendors during their regular wine/cocktail walks, and matters related thereto. POSSIBLE ACTION ITEM The DBA is requesting to close half the corridor between 4th and 5th Streets and Railroad and Commercial Streets during their regular Wine/Cocktail Walks for food truck vendors to park for all future Wine/Cocktail Walks. They are requesting to close the corridor from 10:00 am to 10:00 pm. A closure plan and insurance are attached. AR Annette Robinson, City Clerk Technician II, said the DBA was here a couple months ago to close the corridor for their June event. It was authorized. Now they are asking for approval for all future walks, July 9, 2024 City Council | Minutes Page 8 of 12  which are usually one Saturday a month between May and November. This year’s upcoming dates are August 10th, September 7th, October 12th and November 9th. Mayor Pro Tem Simons asked for questions from the council or the public. Ms. Baum asked how June’s event went. Monica Mildrum, Downtown Business Association (DBA) Coordinator, said they did not have any food trucks sign up for it, so she didn’t have an update. The next wine walk, they have one food truck signed up so far. Derrek Anderson, DBA President, added he thinks over time they will see a lot more participation because food trucks will see the value in coming down. During the summer months there are a lot of other events to compete with it. Annette Kerr, Elko Convention & Visitors Authority (ECVA) Executive Director, said the ECVA has been trying to expand events outside of the Event and Convention Centers so more of the community can be involved. The DBA’s August Beer & Wine Walk will be in conjunction with the Elko Pop Con event on August 9th and 10th. Ms. Mildrum, added September’s walk will be in conjunction with the car show. October’s will be in conjunction with the mural walk. Marissa Lostra, DBA, said food trucks will provide other food options for people who are walking downtown as opposed to stopping in the middle of the Walk and going to a restaurant. The DBA is hoping this will help keep people in the downtown area. Council Member Chip Stone, provided a disclaimer, that he has been hired by the DBA before, but has no problem voting. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the request from the Downtown Business Association (DBA) for the closure of half the downtown parking corridor between 4th and 5th Streets for food truck vendors during their regular wine/cocktail walks. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of a road closure on Manzanita Lane on July 18, 2024, beginning at 6 p.m. and ending at 7 p.m. dependent upon train arrival and matters related thereto. FOR POSSIBLE ACTION Union Pacific Railroad (UP) is conducting a Westward Bound Tour of its legendary Big Boy No. 4014 with 19 whistle stops in five states. The locomotive will pass through Elko on July 7 and July 18. The locomotive will be available for public display on July 18 between the 6 p.m. and 7 p.m. UP is proposing an area off Manzanita Lane as a public viewing area. July 9, 2024 City Council | Minutes Page 9 of 12  Scott Wilkinson, Assistant City Manager, said the Street department will manage the closure on Manzanita Lane. UP will manage it on their property. He doesn’t know if they're going to let people drive their vehicles on UP property or if they will park on Manzanita Lane and walk down to the rail to view the locomotive, but those details will be worked out. It will be a one-hour viewing period for the public. Mayor Pro Tem Simons called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve a road closure on Manzanita Lane on July 18, 2024, beginning at 6 p.m. and ending at 7 p.m. dependent upon train arrival. The motion passed unanimously. (4-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 160-day Temporary Packaged Liquor License and issue a regular Packaged Liquor License, to Jaskaran Raj, DBA OJ’s Vape & Liquor located 1314 Idaho Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Lieutenant Pepper said they went out of business and asked that no action be taken. NO ACTION XIII. REPORTS A. Mayor and City Council No report. B. City Manager Ms. Baum said she forgot to mention during the FANN presentation that Mayor Reece Keener has been a great supporter of the organization and has been attending their meetings. C. Assistant City Manager No report. H. Fire Chief No report. L. Development Manager July 9, 2024 City Council | Minutes Page 10 of 12  No report. F. Airport Manager Mr. Foster said the EMS memorial that the airport hosted went very well. He thanked Elko County Ambulance, REACH Air Medical, MedX Air One, and GMR (Global Medical Response), among other entities for putting the event together and being involved. There will be a grand opening of the airport’s new restaurant soon. The vendor has already started to move in. Last month’s enplanement numbers were the highest since April of 2021. That is despite using the CRJ-900 when the CRJ-550 is not here. We will have the CRJ-550 permanently at some point. People are excited about the Tuesday and Wednesday early returns (5:30 PM) into Elko. It gives them enough time to get home and still have dinner with their families. He did some calculations with the 50-seat aircraft (CRJ-550) and if we had the same numbers at last month, we would have a 75% to 80% load factor range. D. Utilities Director No report. I. Police Chief Lieutenant Pepper invited everyone to a promotional ceremony for Sargent John Kyle and Corporal Andrew Cunningham this Friday, July 12th at 10:00 AM. N. Parks and Recreation Director James Wiley, Parks and Recreation Director, reported the main electrical control panel upgrade at the SnoBowl is finished. It's going to make troubleshooting the safety elements on the lift much easier. Ms. Baum said the goats are in town for weed abatement. They are off Copper Street. Mr. Wiley added they will probably be there for the rest of this week. They will be moved down to the river area next and be there through October. M. Financial Services Director No report. K. City Planner No report. J. City Clerk No report. July 9, 2024 City Council | Minutes Page 11 of 12  E. Public Works G. City Attorney O. Civil Engineer P. Building Official XIV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN Lynn Hoffman, resident, said she has been seeing people complaining on social media about the water and sewer insurance envelopes they have been getting. They're saying it's a scam and wonder why the City’s name is on it. She suggested sharing more information about it, so people know what’s going on. Mayor Pro Tem Simons said she has had friends call her about it, too. Ms. Baum said she discussed this earlier today with Mr. Johnson. We are going to get with our social media person and start putting out more education about it. Most of our education was 6 to 8 months ago. Some people’s homeowners’ insurance covers these expenses, but some people's insurance doesn't. If they don't want it, they can throw it away, but that it's a good service for some residents. There being no further business, Mayor Pro Tempore Mandy Simons adjourned the meeting at 5:01 PM. Mayor Reece Keener Cathy Laughlin, Acting City Clerk July 9, 2024 City Council | Minutes Page 12 of 12