Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS September 24, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, September 24, 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 Dave Stanton, City Attorney Paul Algerio, Public Works Jim Foster, Airport Manager James Johnston, Fire Chief Cathy Laughlin, City Planner Ralph Negron, Development Manager Julie Davis, Financial Services Director Candi Quilici, Accounting Manager Annette Robinson, City Clerk Rachel Randall, Planning Technician Jason Pepper, Police Lieutenant Andrew Storla, Assistant Water Superintendent Shelley Petersen, Utilities Administrative Assistant Mike Haddenham, WRF Superintendent Damian Lusar, Clerk Technician II September 24, 2024 City Council | Minutes Page 1 of 11  III. PLEDGE OF ALLEGIANCE 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 Marianne McKown, Vitality Unlimited, invited everyone to their Women’s Residence Open House event on October 10th, from 2:00 PM to 4:00 PM, at 1342 Southside Drive (see meeting minutes packet). The City gave ARPA funds to Vitality Unlimited which were used to build it. It has been up and running for almost a year now. Mayor Pro Tem Simons called for any other public comments without a response. V. APPROVAL OF MINUTES A. September 10, 2024 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Reading of a proclamation by the Mayor Pro Tempore in recognition of the week of October 6 - 12, 2024 as 2024 Fire Prevention Week, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM Mayor Pro Tem Simons read the proclamation (see meeting minutes packet). The theme for this year is “Smoke alarms: Make them work for you.” James Johnston, Fire Chief, said the Fire department will be hosting an open house on October 3rd, from 5:00 PM to 7:00 PM. Smoke detectors will be available and given out to the community. The following week we will be going to the schools. We want to make sure each home has a smoke detector; that it actually works and that it is checked. VII. CONSENT AGENDA A. Review, consideration, and possible approval of a correction of Deed of Dedication for Right-of-Way for roads and streets and a public utility easement for Bullion Road as described in the Deed of dedication exhibits, and matter related thereto. FOR POSSIBLE ACTION September 24, 2024 City Council | Minutes Page 2 of 11  Grantor and Grantee subsequently discovered an error in the map attached to the Deed at Exhibits B. Grantor and Grantee desire to correct the aforementioned error by substituting revised versions of Exhibits A and B (attached) to the Deed of Dedication. RN B. Review, consideration and possible ratification of the approval of the first amendment to the agreement for the exchange of lands between Jordanelle Third Mortgage, LLC. and the City of Elko, for the land exchange of APN's 001-690-030 and 006-09U-001, and matters related thereto. FOR POSSIBLE ACTION As both parties were preparing the closing documents, an error was discovered in the agreement for the exchange of lands regarding the expenses paid by the City of Elko. CL C. Consideration and possible authorization for Staff to advertise for four (4) vacant positions on the Parks and Recreation Advisory Board and matters related thereto. FOR POSSIBLE ACTION On June 30, 2024 the terms of four (4) Board Members expired. Board Members with expired terms are eligible for reappointment following an advertisement of the term's expiration. JW ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to accept the consent agenda as written. The motion passed unanimously. (4-0) VIII. PERSONNEL A. Employee Introduction: 1.) Jack Mallery, Equipment Operator I, Streets Department Paul Algerio, Street Superintendent, said as of right now, this will fill every position within the Streets department. There will probably be one retirement in the future. He introduced Jack Mallery as the new Equipment Operator I. Mr. Mallery said he was born and raised in Susanville, California. He got married a month ago and moved to Elko. He enjoys fishing, hunting and roping. Thank you all for the opportunity. The council welcomed him. 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 Morris, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $670,905.65. September 24, 2024 City Council | Minutes Page 3 of 11  The motion passed unanimously. (4-0) ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the hand-cut checks in the amount of $424,945.63. The motion passed unanimously. (4-0) B. Review, consideration, and possible award of the bid for the North Effluent Storage Reservoir Embankment Repairs, and matters related thereto. FOR POSSIBLE ACTION The City Council directed Staff to solicit bids for the North Effluent Storage Reservoir Embankment Repairs on July 23, 2024. Bids were opened at 2:00 pm on September 13, 2024. All three bids received have been deemed responsive. The lowest responsive bid was Great Basin Engineering Contractors with a bid amount of $599,914.01. Staff recommends awarding the bid to Great Basin Engineering Contractors. A bid tally sheet with all three bid amounts is included for review. MH for DJ Mike Haddenham, WRF Superintendent, said staff strongly recommends this contract be awarded to Great Basin Engineering Contractors. They would be a good choice, and they were the lowest bid. Mayor Pro Tem Simons called for public comments without a response. She said there was a big cost gap between the bids. Council Member Clair Morris added the bid from Great Basin Engineering Contractors is under budget ($599,914.01 vs. $650,000). Council Member Giovanni Puccinelli was surprised to see a bid from an Alaska contractor (Conam Construction). ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to award North Effluent Storage Reservoir Embankment Repairs, in the amount of $599,914.01 to Great Basin Engineering Contractors. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of entering into a Professional Services Agreement with R.H. Borden for the Sewer Collection System Assessment, and matters related thereto. FOR POSSIBLE ACTION Staff is requesting the City Council's approval to enter into a Professional Services Agreement with R.H. Borden for the Sewer Collection System Assessment. R.H. Border will complete the Acoustic Assessment, Level 1 Manhole Inspections, document all manhole pipeline inverts, and GPS all of the assets. They will provide all data in GIS September 24, 2024 City Council | Minutes Page 4 of 11  mapping formats that can be updated by staff when cleanings and repairs are completed for the specified areas. AS for DJ Andrew Storla, Assistant Water Superintendent, said this was approved before. It has since been switched to a sole source job because R.H. Borden is the only company who provides this service (see meeting minutes packet for InfoSense, Inc. letter). This is for a professional services agreement with them. Mayor Pro Tem Simons called for public comments without a response. Mr. Storla added they will collect data on our sewer system using acoustics, which will provide better GIS mapping of our sewer system and identify problem spots in the pipes and manholes due to roots, cracks, infestations, and sunken lines. Each section will be given a score. The lower the score, the sooner the City will come in with a sewer camera and visually inspect it. Having this data will save the City in labor and time. (See meeting minutes packet for manhole virtual modeling handout.) Council Member Puccinelli asked when they plan on starting. Mr. Storla said, the sooner the better. They will carry on through the winter if needed. Council Member Stone asked if this is new technology. Mr. Storla said yes, as far as he knew. R.H. Borden came over and did a demo. Their concept was radar and then they realized it could be used not only for sewer lines, but other lines, like in the oil fields. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Professional Services Agreement with R.H. Borden for the Sewer Collection System Assessment for $219,800.00. The motion passed unanimously. (4-0) D. Review, consideration and ratification of acceptance for grant award Airport Improvement Project EKO-WPG-3-32-0005-060-2024 Rehabilitate Air Carrier Apron and matters related thereto. FOR POSSIBLE ACTION On September 5,2024 staff received the grant offer from the Federal Aviation Administration for AIP #60 Rehabilitate Air Carrier Apron in the amount of $4,873,847. One of the stipulations was for staff to have a quick acceptance and return to the FAA by September 11, 2024. In order to meet the deadline staff needed to accept the grant offer before being able to bring to council for acceptance. As a reminder Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. JF Jim Foster, Airport Manager, said we expected to get the grant award late in the construction season and that there would be a quick turnaround on getting it approved and accepted. He spoke with the September 24, 2024 City Council | Minutes Page 5 of 11  Phoenix ADO Manager, Mike Williams, to let him know we intend to put this off until springtime due to approaching winter conditions. He is in support of this decision. Mayor Pro Tem Simons asked if this was a 6.25% grant. Mr. Foster said yes. There are three different schedules, one federal, one non-federal and another federal one. The City’s 6.25% match will be on the first federal schedule, which will be around $303,000. The City will also pay for the non-federal schedule, which is that portion of the project the FAA will not pay for, which is anything within 50 feet of a hanger or a terminal building. This will be around $350,000. So, rounding up, the City’s portion will be around $700,000. Mayor Pro Tem Simons asked when the 50-foot stipulation went into effect. Mr. Foster said it had been around for a while, but the distance is slowly increasing. It used to be 17 feet and then around four years ago, when we did the pavement rehabilitation project, it was 25 feet. Mayor Pro Tem Simons called for public comments without a response. Council Member Stone asked if Legal had reviewed this to which Dave Stanton, Legal Counsel, nodded. ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the acceptance of grant offer EKO-WPG-3-32-0005-060-2024 Rehabilitate Air Carrier Apron. The motion passed unanimously. (4-0) X. UNFINISHED BUSINESS A. Update from the owners, or a representative of, 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park, owned by RCE Development, managed by Four Peaks Capital Partners, LLC on code violations clean-up and matters related thereto. INFORMATION ONLY – NON-ACTION ITEM Katie McConnell, the representative for 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park presented a Clean-up Timeline to the City Council on September 10, 2024. The City Council requested progress reports on the clean-up efforts. JB Katie McConnell, McConnell Law office, said earlier today she provided staff with an updated timeline and progress photos of work done over the last two weeks (see meeting minutes packet). The main focus has been on general clean-up of the lots where RV’s and trailers have been moved out. Several roll-off dumpsters worth of debris and tumbleweeds have been removed. The sewer repair work at Lots 34 and 42 have now both been completed. She will get back with the council on the status of the final water leak. September 24, 2024 City Council | Minutes Page 6 of 11  PlumbLine will be bringing in some heavy equipment to start with the demolition of mobile homes. Based on conversations she had with her clients today the timeline for demo has been pushed back from September 26th to October 1st (next week). This will take about six weeks. She also contacted NV Energy and spoke with Robert Lino. She is awaiting a return phone call from Dick Campbell. Mayor Pro Tem Simons called for public comments. Malorie Reese, 538 S. 4th Street, asked for a copy of the updated timeline, and Ms. McConnell handed her one. Ms. Reese said she did not see any water where the third leak was up the dirt road. There is still an abandoned stripped vehicle up the hill, which is a fall risk. There are about eight trailers that still need to be removed but that’s on the timeline. She is concerned the photos Ms. McConnell shared are only of two problem areas, while there are four or five other ones. It looks a lot better where it has been cleaned up, though. While driving through the park, her and her neighbors counted 12 to 15 electric boxes that are exposed and open. The foot traffic in the area is still super bad. She heard there will be two evictions but believes there are at least four people that need to go. She has continued to work with the police, but frankly, criminals have too much leeway. The park manager, Suzie, has trespassed around two dozen people, but they keep coming back and threatening her and yelling at everyone. From her house she can see three trailers with a lot of drug activity, loitering, littering, and squatting. Mayor Pro Tem Simons said this is a non-action item, but she would like another update at the next City Council meeting about cleanup, evictions, and an NV Energy status update. Ms. McConnell agreed. Mayor Pro Tem Simons called for any other public comments without a response. Ralph Negron, Development Manager, said he believes the water leak has been taken care of. He saw equipment tracks in there and the area is completely dry now. There is a retaining wall at Space 42 that PlumbLine put back as part of their sewer repair work. They did a nice job. He would like to request a list of modulars to be removed so we can better keep track of the progress. There are some sheds that have been cleaned out but would be easily inhabitable. He would like to see them removed. There are six to eight abandoned vehicles on 4th Street going up to the upper section. He would like to see them removed as well. Council Member Puccinelli said a gentleman he works with said there are two semi-trailers parked down there. Are they part of the cleanup? Ms. McConnell said she did not know but would find out and take care of it. The council and Jan Baum, City Manager, thanked Ms. McConnell for all her efforts. XI. RESOLUTION AND ORDINANCE September 24, 2024 City Council | Minutes Page 7 of 11  A. Review, consideration, and possible approval of ORDINANCE 893, AN ORDINANCE AUTHORIZING THE ISSUANCE BY CITY OF ELKO, NEVADA OF ITS WATER REVENUE BONDS, SERIES 2024A IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $12,650,000 AND SERIES 2024B IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $1,500,000 FOR THE PURPOSE OF FINANCING WATER PROJECTS; PROVIDING THE FORM, TERMS AND CONDITIONS THEREOF AND COVENANTS RELATING TO THE PAYMENT OF THE BONDS; AND PROVIDING THE EFFECTIVE DATE HEREOF and matters related thereto. FOR POSSIBLE ACTION At the June 11, 2024 City Council meeting, the city council approved Resolution 11-24, a Resolution declaring the intent to issue water bonds in the maximum principal amount of $14,000,000. The Nevada State Board for Financing Water Projects met on August 21, 2024 and approved the City of Elko Drinking Water State Revolving Fund (DWSRF) water meter project. The project was approved with a loan in the amount of $12,650,000 at 1% interest for 20 years and $1,500,000 additional funding with principal forgiveness for a total amount of $14,150,000. The next step in the process is for the City of Elko to issue water revenue bonds. JB Ms. Baum said this is the next step in our water modernization project. The bond will be purchased by the State of Nevada through their revolving fund (SRF) at 1%. Andy Artusa and Kendra Follett are present via GoTo for any questions. Mayor Pro Tem Simons called for public comments and questions from staff without a response. Mr. Artusa said this is a great deal for the City of Elko. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve Ordinance 893, an Ordinance AUTHORIZING THE ISSUANCE BY CITY OF ELKO, NEVADA OF ITS WATER REVENUE BONDS, SERIES 2024A IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $12,650,000 AND SERIES 2024B IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $1,500,000 FOR THE PURPOSE OF FINANCING WATER PROJECTS; PROVIDING THE FORM, TERMS AND CONDITIONS THEREOF AND COVENANTS RELATING TO THE PAYMENT OF THE BONDS; AND PROVIDING THE EFFECTIVE DATE HEREOF. The motion passed unanimously. (4-0) B. Review, discussion and possible approval of Resolution 18-24, a Resolution authorizing the donation of a 2008 Rosenbauer Fire Truck to the Elko County Fire Protection District, and matters related thereto. FOR POSSIBLE ACTION The City of Elko Fire Department currently has an inoperable 2008 Rosenbauer Fire Truck that needs a new engine. The truck was purchased in November 2007 for $256,567. It has been determined that a new engine replacement would cost more than the remaining estimated value of the asset. Elko County Fire Protection District has a compatible engine to bring the truck to working order at minimal cost. JD September 24, 2024 City Council | Minutes Page 8 of 11  Julie Davis, Financial Services Director, said this resolution is being brought back from the last meeting. Originally, Elko County Fire Protection District shared in the costs with this asset, so it makes sense to give them the truck. They have an engine that can make it operable. Mayor Pro Tem Simons called for public comments without a response. Mr. Stanton said the resolution does not specify the three items required under NRS 268.028, “(a) The purpose of the grant or donation; (b) If applicable, the maximum amount to be expended from the grant; and (c) Any conditions or other limitations on the expenditure of the grant or the use of the donated property.” He said item (b) was not applicable. Ms. Davis said it’s use is unrestricted, but the resolution can be adjusted if need be. Mayor Pro Tem Simons concurred and said a fire truck’s use is fairly obvious, but that the council should defer to Mr. Stanton’s expertise. Mr. Stanton agreed that its use is obvious but recommended including a finding saying that its use is unrestricted. The purpose is to donate a fire truck for fire protection purposes, but since it doesn’t say that in the resolution, we are sort of varying from what the statute requires. Council Member Morris said we should do it. The asset is staying in Elko County and if needed, it can assist Elko Fire. Mayor Pro Tem Simons concurred. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Resolution 18-24, a Resolution authorizing the donation of a 2008 Rosenbauer Fire Truck to the Elko County Fire Protection District, with the finding that its use is unrestricted for fire protection. The motion passed unanimously. (4-0) XII. REPORTS A. Mayor and City Council No report. B. City Manager No report. C. Assistant City Manager September 24, 2024 City Council | Minutes Page 9 of 11  Scott Wilkinson, Assistant City Manager, said the boiler project is progressing well. The Sports Complex concrete project will start at the end of this month, on the 30th. It is for the concrete between the fields. The 14th Street storm drain replacement project will start on October 7th. It is slated to take 20 days to finish. Council Member Puccinelli said the City dumped a lot of asphalt right in front of Western Supply on Water Street, right where the train wreck was. Will we get reimbursed for that? Mr. Wilkinson said we have some miscellaneous costs that we will track and ask for reimbursement on, but they may resist. This includes repair work to a damaged manhole that was recently discovered, guardrail replacement on Sharp’s Access and backfilling the embankment that had been undercut. We will rebid the Water Street project in the spring and submit all our expenses for reimbursement. Council Member Puccinelli noted the railroad’s new gate already has a broken lock and the new fence has been cut. G. City Attorney No report. M. Financial Services Director No report. F. Airport Manager No report. I. Police Chief No report. D. Utilities Director Mr. Haddenham had no report. Mr. Storla said Canyon Construction is starting to bring equipment over to start the Errecart Boulevard waterline project. The hospital second source project is complete. The booster station over by Lamoille tank is still getting built. It is going well. The ground has been laid. The Cattle Drive project is complete. We hung hydrant tags today. H. Fire Chief No report. L. Development Manager September 24, 2024 City Council | Minutes Page 10 of 11  No report. K. City Planner No report. J. City Clerk Annette Robinson, City Clerk, said the City’s e-notify system on our website is working again. It is used by contractors, people interested in getting a pet from the animal shelter, and people wanted to get meeting agendas. Anyone who has previously registered will need to re-register. E. Public Works Director N. Parks and Recreation Director 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 Council Member Stone said the price of gold today is almost $2,700 an ounce. In 2000, it was about $300 an ounce. Out town lives and grows on gold prices. Marissa Lostra introduced herself. She is running for Elko City Council in the upcoming election in November. Mayor Pro Tem Simons called for any other public comments without a response. There being no further business, Mayor Pro Tempore Mandy Simons adjourned the meeting at 4:50 PM. Mayor Reece Keener Annette Robinson, City Clerk September 24, 2024 City Council | Minutes Page 11 of 11