Special Meeting

City of Elko ) County of Elko ) State of Nevada ) SS August 8, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Monday, August 8, 2022. 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 Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Mandy Simons, Councilwoman City Staff Present: Diann Byington, Recording Secretary Jan Baum, Financial Services Director Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director III. PLEDGE OF ALLEGIANCE August 8, 2022 City Council | Minutes Page 1 of 11  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 V. APPROVAL OF MINUTES A. Draft Minutes for July 26, 2022 - Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Presentation of an Appreciation Plaque for Jeff Winrod, Airport Operations/Maintenance Officer, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Jeff Winrod was not present. VII. CONSENT AGENDA A. Review, consideration, and possible action to reappoint Planning Commission members Stefan Beck and Michael Irish to an additional Four-Year Term to expire July 2026, and matters related thereto. FOR POSSIBLE ACTION Stefan Beck and Michael Irish terms expire July 2022. 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. Beck and Mr. Irish have indicated an interest to continue serving on the Planning Commission. CL ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the consent agenda. The motion passed unanimously. (4-0) IX. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Public Improvements for the Zephyr Heights Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 2-21 for Zephyr Heights on July 8, 2021. A Performance and Maintenance Agreement was entered into that same day. The Developer has substantially completed the Public Improvements in accordance with the approved plans with the exception of some minor repairs to sidewalk and the installation August 8, 2022 City Council | Minutes Page 2 of 11  of a mailbox. The developer is asking for a conditional acceptance of the improvements and will be providing a performance bond to the City as required in the Performance and Maintenance Agreement. The City is in receipt of the required Certification of the project by the Engineer of Record. Upon acceptance of the Public Improvements by the Council, the Developer is required to provide maintenance security in the amount of $152,175.30 for a 12 month maintenance period. MR Michele Rambo, Development Manager, explained Zephyr Heights Unit 1 is completed with a few minor issues to be repaired. The developer did bring in the required bonds. She recommended conditional acceptance. ** A motion was made by Council Member Morris, seconded by Council Member Stone for conditional acceptance of public improvements for the Zephyr Heights subdivision with the noted exceptions. The motion passed unanimously. (4-0) X. RESOLUTION AND ORDINANCE A. First Reading of proposed Ordinance No. 872, amending the 2018 Northern Nevada Fire Code Amendments, and matters related thereto. FOR POSSIBLE ACTION The current version of the City of Elko Fire Code, adopted by the City Council in 2019, incorporates certain portions of the 2018 Northern Nevada Amendments to the International Fire Code. Currently, the City performs certain fire and life-safety functions pursuant to authority granted under an Interstate Interlocal Contract with the State Fire Marshal. That Contract requires, among other things, that the City enforce the Fire Code as adopted by the City Council. The City Council directed the Fire Department on June 28, 2022 to work with the City Attorney to review the fire code and make recommended changes. The proposed changes include the fire area of residential facility be changed to living area. This would require sprinklers in a residential home that has a living area of great than 5000 sq ft and also changed the sprinkler requirement to be enforced when the living area is > 5000 sq ft and the residence is greater than two stories. On July 12, 2022, the council tabled the ordinance and directed Staff to further look other parts of the fire code. JS Mayor Keener read a statement into the record from Curtis Calder, City Manager. As I will be unable to attend the Council meeting on August 8th, I'd appreciate my comments being read into the record. While the current proposal is better than what currently exists in code today, it still includes reference to the 2018 Northern Nevada Amendments to the 2018 International Fire Code. As the policy making body of the City of Elko, the City Council should reject the inclusion of the "Amendments," at least as they pertain to commercial buildings within the City of Elko. These particular "Amendments" are far more stringent than the 2018 International Fire Code, and fail to allow equitable exceptions for participating jurisdictions. August 8, 2022 City Council | Minutes Page 3 of 11  As a development friendly community, I struggle to understand the relevance of the 2018 Northern Nevada Amendments. The City of Elko has a robust Career Fire Department, supplemented by a robust Volunteer Department. Additionally, we have Automatic and Mutual Aid Agreements with other local Fire Agencies. Approximately 16% of the City of Elko's General Fund is devoted to Fire Protection. The City of Elko also invests heavily in Fire Department Capital Equipment, which is above and beyond the General Fund expenditures. In other words, why does the City of Elko Fire Code need to be more stringent than the 2018 IFC? I have personally heard from commercial and residential contractors who believe the Northern Nevada Amendments are nothing but a complete overreach by fire officials. Additionally, I have personally heard from commercial building owners who want to expand existing buildings, but will not move forward due to the additional costs they will incur installing fire suppression systems mandated by the Northern Nevada Amendments. With historic inflationary pressures facing consumers, local governments should be reducing regulations where possible. This seems like a golden opportunity to rid ourselves of an unnecessary and unwarranted regulatory burden. Sincerely, Curtis Calder City Manager Chief Snyder explained they had a meeting again with local builders and developers. He presented two options for the Fire Code changes. Option A leaves the 5,000 sq. ft. for commercial in the code and leaving the residential side the way we discussed at the last meeting. Option B will be closer to what the County has in place. The square footage will depend upon the occupancy type for the commercial side. Mayor Keener asked if there was anything from the State Fire Marshal. Chief Snyder answered he had not heard anything but it was their understanding that they needed to follow the 2018 Fire Code at a minimum and still be in compliance. Mayor Keener called for public comments. Luke Fitzgerald, 2446 Crestview Drive, said it was a great meeting with the Fire Department. They would like to support Option B. It was great to sit down and they were able to hash some things out. Catherine Wines, 421 Railroad Street, agreed with Mr. Fitzgerald about the meeting with the Fire Department. She also was in support with Option B or just doing away with the Northern Nevada Amendments. Councilman Morris said he has some concerns and would like to see the amendments go away. Mayor Keener asked what it would look like if we pulled out the amendments. August 8, 2022 City Council | Minutes Page 4 of 11  Dave Stanton, City Attorney, said we would have to come back with another proposed ordinance for a first reading. It would be a shorter fire code too. Mayor Keener agreed with Mr. Calder's statement that it is difficult to believe that we want to be stricter than the 2018 IFC. Mr. Stanton said that is a policy decision for the Council to make. For the first reading, there has to be a proposed ordinance to present and we don't have that. Mayor Keener closed public comments. He said he would like to dispense with the Northern Nevada Amendments and didn't feel we were compromising public safety with that. Councilman Morris wanted to address the commercial side. We need to make it easier for the developers to build commercial. Mayor Keener wondered if we did away with the amendments, the minimum square footage for fire suppression in commercial would go to what? Chief Snyder answered it would be based on the occupancy type of the business. Just for clarification, if you choose Option B it will take the commercial side back to the 2018 IFC and eliminate the amendments for commercial. There will be no more stipulations about 5,000 sq. ft. Mayor Keener pointed out that the Northern Nevada Amendments will still be in play with Option B. Mr. Stanton said that parts of the amendments will still be in the code no matter what option is selected. Councilman Puccinelli said he is all about growth but he also like the safety side of this. He likes how the Option B proposal will free up the commercial side of things to help construction. The builders are receptive to the residential side of this as well. Councilman Stone agreed and stated he wasn't sure he wanted to eliminate the amendments entirely. He leans towards the Option B. Mayor Keener asked Scott his opinion. Scott Wilkinson, Assistant City Manager, answered he hasn't spent much time on this. He felt Curtis' issue is the lack of clarity in the amendments and interpretation of the code. It sounds like we are looking at relaxing the commercial side and the builders are in agreement. Chief Snyder spoke about what will remain in the code with the remaining amendments. Mr. Stanton said we should leave the appeal process in the code no matter what. Mayor Keener felt that no matter what we do, there will be some unintended consequences with this. He called for public comments again, without a response. August 8, 2022 City Council | Minutes Page 5 of 11  Chief Snyder felt Option B made things very black and white and were the same things the County was doing. Councilman Stone liked being on the same page so there are not two sets of rules. He was still in support with Option B. Councilman Puccinelli agreed. The builders have been receptive to the residential side of this and he liked how Option B addressed the commercial side. Councilman Morris felt commercial was still being shackled with Option B. If we don't have people coming into town to work in businesses then we won't need houses. There is no reason to be so strict. Mayor Keener supported Option B and if there is a problem, we can address that in the future. Chief Snyder said he plans on meeting with developers twice a year to make sure any issues are addressed early before they become bigger issues. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to conduct first reading of Ordinance No. 872, accepting Option B, and direct staff to set the matter for second reading, public hearing and possible adoption. The motion passed. (3-1 Councilman Morris voted against.) B. First Reading of proposed Ordinance 873, An Ordinance Amending Title 4, Chapter 6, Section 10 "Allocation and use of Transient Lodging Tax Funds," and matters related thereto. FOR POSSIBLE ACTION One July 15, 2022 The City of Elko Redeemed the City of Elko Airport General Obligation Bonds. Currently Title 4, Chapter 6, Section 10 Allocation and use of Transient Lodging Tax Funds Item G designates 2% of the transient lodging tax as follows: “All proceeds from the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals will first be applied to the Elko Regional Airport Debt Service Transient Lodging Tax Fund in the amount of up to two percent (2%) and shall be paid to the Elko Regional Airport as collected on and after August 1, 2007. Any amounts in excess of the debt service requirement, as determined by the annual audit, shall be paid to the Elko Convention and Visitors Authority on the condition that it creates a separate facility fund to account for all collections and expenditures. No portion may be used for salaries or benefits.” As a result of redeeming the Airport General Obligation Bonds, the City proposes to amend Title 4, Chapter 6, Section 10 Allocation and use of Transient Lodging Tax Funds to eliminate Item G, as stated above, and replace with two separate items: Revised Item G will designate .75% of the transient lodging tax to the Elko Convention and Visitors Authority Facility Fund and Revised Item H will designate 1.25% of the transient lodging tax for Air Alliance Airline Revenue Guarantee Program(s). August 8, 2022 City Council | Minutes Page 6 of 11  A copy of Ordinance No. 873 has been included in the agenda packet for review. JB Jan Baum, Financial Services Director, explained we redeemed the Elko Airport Bonds. The 2% Transient Lodging Tax that was reserved for the Airport, we would like to designate as outlined. The way it has worked in the past was once the bond payment was covered, the remainder went to the ECVA. Councilman Stone asked how it gets paid. Ms. Baum answered it will be paid monthly. Lee Hoffman, 1085 Barrington, asked for more elaboration on the status of the Air Alliance Revenue Guarantee Program and the estimated amounts for that. Mayor Keener answered 1.25% would raise between $300,000 and $350,000 annually. Currently we have an agreement with SkyWest Airlines with a minimum rate guarantee that runs through the end of this year. The numbers have been improving but we are still looking at paying out about $700,000. Mr. Hoffman asked if this would be an ongoing source to help retain an airline. Mayor Keener answered yes. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conduct first reading of Ordinance No. 873 and direct staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (4-0) VIII. APPROPRIATION A. Warrants - FY2022 General Warrants ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve FY2022 General Warrants, in the amount of $239,518.76. The motion passed unanimously. (4-0) B. Warrants - FY2023 General Warrants ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve FY2023 General Warrants, in the amount of $510,581.39. The motion passed unanimously. (4-0) C. Warrants - Utility Refunds August 8, 2022 City Council | Minutes Page 7 of 11  ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Utility Refunds, in the amount of $688. The motion passed unanimously. (4-0) D. Warrants - FY2022 Hand Cut Checks ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve FY2022 Hand-cut Checks, in the amount of $250,966.35. The motion passed unanimously. (4-0) E. Warrants - FY2023 Hand Cut Checks ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve FY2023 Hand-cut Checks, in the amount of $191,941.08. The motion passed unanimously. (4-0) F. Warrants - Alliance Document Technologies ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Alliance Document Technologies, in the amount of $303. The motion passed. (3-0 Mayor Keener abstained.) XI. REPORTS A. Mayor and City Council Mayor Keener said he was honored to swear in the newest Planning Commissioner. He was saddened by the death of John Anderson, the longest serving member of the Planning Commission. Congratulations to Police and Fire for the successful National Night Out. Councilman Stone reported last Saturday was a great event for the library for their Mybrary. The Adobe Middle School will have a bike rodeo on August 19th. It will be a great event and free to the public. B. City Manager Absent. C. Assistant City Manager August 8, 2022 City Council | Minutes Page 8 of 11  Scott Wilkinson said they heard back from Union Pacific. They received a memo from the Real Estate Division dated June 10th. They disputed the value of the building and came up with their own number. Their real estate appraiser stated some demands. Based on their memo, they want to remove some vacant acreage from the sale. When we started the process, we had an email from their manager stating that the appraiser were to estimate the value for the land which was all that could be conveyed to the City. They have a communication problem in their office and he will work through that. He recommended there is a discussion with Rick Harris and let their appraiser come up with what they feel the value is. We were under the direction that we would value the land and disregard the leases because the leases could not be conveyed to the City. He expects they will come back higher and we can land somewhere in the middle. Mayor Keener asked about the Wells Fargo building. Mr. Wilkinson said they got the asbestos survey back and that will probably be discussed at another City Council meeting. It would be not possible to predict what the asbestos cost might be. There is a lot of asbestos type material that has to be managed during the tenant improvements. D. Utilities Director Absent. E. Public Works Dennis Strickland reported the thunderstorms caused some problems for the contractors and had to repair some issues. The paving has been pushed back. We may have to shut down the road entirely so they can complete the paving. These delays have also pushed back micro slurry. F. Airport Manager Mayor Keener said he was surprised on the water bill for the airport operations. Jim Foster wasn't sure how to answer that. He thanked Council for approving the first reading of the ordinance. That is one step we are taking in retaining or enticing another airline. We talked with NNRDA about being the signing entity for that. They are having great conversations about the alliance. We ran into some snags with the sign update due to COVID. He is hoping in the next couple of weeks we have our new digital sign up on Mountain City Highway. Mayor Keener stated he will be at the League of Cities this week. G. City Attorney Mayor Keener asked about a special meeting with contractors and if it was scheduled for August 25th. Dave Stanton answered he would check his calendar. August 8, 2022 City Council | Minutes Page 9 of 11  H. Fire Chief Chief Snyder thanked Council for moving the ordinance forward. September 25th (Sunday) will be the Annual Fire Prevention Picnic in the Park. I. Police Chief No report. J. City Clerk Kelly Wooldridge asked that a list of the members of the new contractor board be sent to her so the Clerk's Office can set up the board in the system. K. City Planner No report. L. Development Manager Michele Rambo reported they completed the interviews for the Code Enforcement position and hoped the new person will start in the next couple of weeks. Adeline Thibault has been a lifesaver during this transition. Mayor Keener asked if any of the apartment projects have been permitted. Ms. Rambo answered the Juniper Apartments are going through the process and nothing from the one by Best Western yet. Mayor Keener asked about the one at Angel Park. Ms. Rambo answered the CUP has been approved but no building plans yet. M. Financial Services Director Jan Baum stated, regarding the water bill at the airport that was the entire year of water bills for the airport. N. Parks and Recreation Director Councilman Stone asked if the awning will be replaced at the Park. James Wiley answered it will be replaced eventually and it will have to be a sturdier structure. O. Civil Engineer August 8, 2022 City Council | Minutes Page 10 of 11  No report. P. Building Official Absent. XII. 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 Luke Fitzgerald, 2446 Crestview Drive, said he did not attend the meeting with staff. He heard it was a great meeting. They came to an agreement on a project he will be bringing to Council. He thanked the Fire Department and look forward to more meetings like that. There being no further business, Mayor Reece Keener adjourned the meeting at 5:13 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk August 8, 2022 City Council | Minutes Page 11 of 11