Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS October 24, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, October 24, 2023. 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 Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer Jonathan Moore, Police Lieutenant Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC October 24, 2023 City Council | Minutes Page 1 of 18  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. October 10, 2023 Regular Session The minutes were approved by general consent. VIII. PERSONNEL A. Employee Introductions: 1.) Dustin Osborn, Firefighter, Fire Department The new employee was present and introduced. VI. PRESENTATION A. Presentation of the proposed Recreation Center by Rusty Bahr, CEO of the Elko Boys & Girls Club, and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM Rusty Bahr, Boys and Girls Club, gave a presentation (attached to packet). Mayor Keener asked do you have an idea of what the cost of the membership will be? Mr. Bahr answered this project is 2-3 years out so it is hard to put cost projections down. We are trying to keep the cost similar to what is being paid now. Councilwoman Simons asked if he had a general idea of how much they are looking to raise still. Mr. Bahr said we are at about $17 million right now. Nevada Gold Mine and others have donated large amounts of money. Right now we are looking to raise another $1.7 million in order to get everything we want done. We usually phase our projects, including this one, but this one is un-phase able. You really need everything shown in the presentation. This is our chance to meet the needs of the community for the next 50 years. The outdoor pool and the current building is not part of the parcel they will be building on. We will be asking for a lease of the property and then they will do the improvements. Councilman Morris stated it is amazing that they are looking to build a $17 million project and only short a couple of million. And you are not hitting up the taxpayers. It is amazing they can do this and it will be great. October 24, 2023 City Council | Minutes Page 2 of 18  Councilman Stone said congratulations and thanked them for working on this. B. Reading of proclamation by the Mayor in recognition of November 1, 2023 as "Go The Extra Mile Day," and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. C. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance as follows: 1. Removal of Unauthorized Persons 2. Security Services 3. Security Fence 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. JB Jan Baum, City Manager, gave a quick update. Kelly Wooldridge, City Clerk, stated she heard from Mr. Hammond this afternoon regarding an incident that happened there. They were able to show the police how to access the cameras. They don't have 30-day storage yet but they are working on it. She presented a timeline of what has happened so far. To her, what stood out when she put this together, was that there has been some effort made by Ville 837. We are still a little stuck on the security of the facility. We will eventually get the cameras all up and running. The main outstanding issue is the security. Councilwoman Simons asked the status of the water. Ms. Wooldridge answered it is still turned off for non-payment. VII. CONSENT AGENDA A. Consideration and possible action to cancel the December 26, 2023 Elko City Council Meeting, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Stone to cancel the December 26, 2023 meeting. The motion passed unanimously. (5-0) October 24, 2023 City Council | Minutes Page 3 of 18  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 Simons to approve the regular warrants in the amount of $760,955.55. The motion passed unanimously. (5-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the hand-cut checks in the amount of $101,779.48. The motion passed unanimously. (5-0) B. Review, consideration, and possible award of the bid for the Exit 298 Sewer Lift Station and Force Main Project, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for the Exit 298 Sewer Lift Station and Force Main Project on May 23, 2023. Bids were received on October 5, 2023 and opened at 2:00 pm. Great Basin Engineering Contractors was the lowest of the three bids received in the amount of $4,304,790.35. DJ Councilwoman Simons stated she does the books for one of the companies that put in a bid and she recused herself. Dale Johnson, Utilities Director, explained this has been on the books since 2016. We finally got the NDEP approvals but we didn't have the flows to construct it. By the time this is constructed, we will be ready to activate the lift station. He recommended award. ** A motion was made by Council Member Stone, seconded by Council Member Morris to award a bid for the Exit 298 Sewer Lift Station and Force Main Project, in the amount of $4,304,790.35 to Great Basin Engineering Contractors. The motion passed. (4-0 Councilwoman Simons abstained.) X. UNFINISHED BUSINESS A. Review, discussion and possible approval of a request from Ville 837, LLC, commonly known as the Elko Inn, to modify the Council’s Order dated August 30, 2023, Subpart number two (2), which states, “the property owner shall provide the City Clerk with proof that it has contracted with a licensed security service in the State of Nevada to provide security at the property 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property,” and, in the event the property owner’s request for October 24, 2023 City Council | Minutes Page 4 of 18  modification is denied, possible direction to staff to take action to abate the nuisance in accordance with the City Code, and matters related thereto. FOR POSSIBLE ACTION. At the Elko City Council Special Meeting held on August 29, 2023, the City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. In response to the property being declared a nuisance, the City Council issued a Notice Pursuant to Elko City Code Section 5-1-9 of Elko City Council, Findings, Conclusions, and Order(s) Concerning Property at 837 Idaho Street to Ville 837, LLC, A Utah Limited Liability Company (Property Owner). This Order included four (4) subparts. Subpart Number 2 of the Order number two (2) states: 2. Security Services (a) Within five (5) business days of proof of receipt of notice in accordance with Elko City Code Section 5-1-9, the property owner shall provide the City Clerk with proof that it has contracted with a licensed security service in the State of Nevada to provide security at the property 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property. (b) Within ten (10) business days of proof of receipt of notice in accordance with Elko City Code Section 5-1-9, the property owner shall ensure that the security service is physically present on the property and thereafter continues to provide security service 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property The property owner is requesting that the City Council modify the Subpart Number 2 of the Order to allow their contracted property management firm (Vernal Real Estate Partners, LLC) to provide the security at the property 24 hours per day, 7 days per week pursuant to its contract. Vernal Real Estate Partners, LLC is not a licensed security service in the State of Nevada. This item was on the October 10, 2023 agenda and after discussion, the City Council asked staff to bring the request back at the October 24, 2023 meeting with information on the cost of a licensed security service and the alternative of the City abating the nuisance itself. KW Kelly Wooldridge, City Clerk, explained she received an email from Mr. Hammond apologizing for not attending the last meeting. They had been telling us that they had received licensing in the City but we have not received an application from them. We did get a phone call from their property management company saying they had hired someone to get them a City license. She was not sure if they were going to get licensed as a security company or not. She did not grab the quote from Allied Security but she did get a quote from them. Jan Baum, City Manager, thought one part of the quote was for $330,000 for a year and the other one (which was month to month) came to $360,000 to $400,000 a year. Ms. Wooldridge said the property owners were on the GoToMeeting. Mr. Warburton was online. October 24, 2023 City Council | Minutes Page 5 of 18  Mayor Keener asked Mr. Warburton if he had any comments. Mr. Warburton said his point was that it is economical for them to use Vernal Management. The bid from Allied is cost prohibitive. His question would be, if we have to go the Allied route, will this last a month and then our nuisance and stop work order is lifted so we can start construction on the property? How long would the duration of the security last? Ms. Wooldridge answered the stop work order has nothing to do with the security. They are two separate things. Mr. Warburton said he felt security is the last thing to do to satisfy the nuisance. Once that is satisfied, can we move forward with the remodel of the property? Ms. Wooldridge answered they can do work on the property now as long as you have a licensed contractor and a building permit. Mr. Warburton said he was told he could not move forward on the permit application without satisfying the nuisance. Ms. Wooldridge answered in the order, nothing is said about the building or building permits. The security does not relate at all to having a building permit. You can make application for a building permit now. Mr. Warburton said he was confused. They would like to have contractors on site, working on the property. We didn't know that was possible. Ms. Wooldridge said the order states you need to notify the city who can occupy the property. If you do get a building permit, you would have to let us know what company will work on the property and who is doing the work. Dave Stanton, City Attorney, said the order states the property owner is required to provide a list of all persons who are occupying the property, identifying which persons are authorized, and which are not. There have been a lot of people going in and out of this property. The whole point is to know who is authorized to be there by the property owner and who is not. Mr. Warburton said we would just add workers to that list. He hoped they have shown the property is secure now and that it is a safe place now. He asked Council to take that into consideration and allow them to continue using Vernal Real Estate Partners. Mr. Stanton asked for clarification on the name of the business doing security. Was it Vernal Real Estate Partners, LLC or was it Vernal Property Management? Mr. Warburton did not know off the top of his head. The name of the company was on the contract he sent over. October 24, 2023 City Council | Minutes Page 6 of 18  Mayor Keener opened it up for public comments. The applicant felt like the nuisance has been abated but some property owners in the area have some concerns. There were no public comments. He called down Lt. Moore. Lt. Moore said the calls are down from when this first started. There have been 5 calls this month, with 3 of them being self-generated. We had a call for service this morning. We arrested a person who claimed to be an employee of the property. That person was not listed as authorized. The person has since been trespassed off the property. Mayor Keener said it is volatile situation if the security were to go away. Lt. Moore agreed the security has to continue on this property. Mr. Stanton said the order specifies that. He read the order. The nuisance order shall be abated upon the issuance of a business license to the property owner that permits the use of the property. Mr. Warburton said they prefer to keep security there because they see a lot of theft without it. Ms. Wooldridge commented they still need to get their City Business License. It doesn't say specifically in the order if it has to be a security company or a property management company. Part of the request today is to amend the order. There needs to be some discussion about that in terms of if it has to be a security company or a property management company and what they need to get licensed for. Ms. Baum said there was a proposed motion in the agenda. We were talking about doing a background check on the security or management firm that they are employing and the people on the premises. We want to make sure there are not any outstanding warrants. She went over the recommended motion. Mayor Keener pointed out to Mr. Warburton that he could read the proposed motion on the screen as Ms. Baum read it. Councilwoman Simons asked what if the background check comes back with a criminal background. Mr. Stanton said we may be able to add to the motion that the City Council may cause Sub-Part 2 of the Abatement Order to revert to the requirements set forth in the August 30, 2023 order upon a finding that Vernal Real Estate Partners, LLC failed to provide adequate security on the property or the property owner failed to satisfy the requirements of Sub-Part 2, as amended. We can make it just revert back to the original order. The background check is important. We just heard about someone today that was picked up. Councilwoman Simons asked if we were checking if they had current warrants out. Mr. Stanton answered they might. Doing a background check alerts everyone to that. Mayor Keener asked if Mr. Warburton had any issue with these. October 24, 2023 City Council | Minutes Page 7 of 18  Mr. Warburton answered he had no issue. He suspected that some of these employees might have a record and he would like to know that too. If there was a warrant out for their arrest, that would be important to him. If they have a criminal record, they would not be the first person he has hired with a criminal record. The main thing that is important to him is if they are doing the job. He suggested checking in with local police officers on a weekly basis to make sure things are working out the way we all want it. Councilman Morris talked about the background checks being vital. The people that were hired to work on the property previously were the biggest crooks in town. ** A motion was made by Council Member Morris, seconded by Council Member Simons to modify the Council’s Order dated August 30, 2023 by replacing Subpart Number Two (2) with the following: Security Services Ville 837, LLC shall: (a) Maintain a contract with Vernal Real Estate Partners, LLC to provide security services at the property 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property. (b) Promptly identify to the City all persons employed by Vernal Real Estate Partners, LLC residing or providing security services at the property while this Order is in effect. (c) Instruct Vernal Real Estate Partners, LLC to submit a request to the Elko Police Department for background checks on each employee residing on or providing security services at the property within 5 business days of the date of this Order. (d) Instruct Vernal Real Estate Partners, LLC to submit a request to the Elko Police Department for background checks on any additional employees residing on or providing security services at the property within 10 business days of each employee’s commencement of residence on the property or assignment to provide security services at the property. (e) Instruct Vernal Real Estate Partners, LLC to submit a City of Elko Business License Application to the Elko City Clerk within 5 business days of this Order. (f) Maintain habitable living conditions for all authorized persons residing on the property, to include employees of Vernal Real Estate Partners, LLC; habitability shall include, without limitation, the provision of electricity, heat and running water. The City Council may cause Subpart 2 of the abatement order to revert to the requirements set forth in the August 30, 2023 order upon a finding that Vernal Real Estate Partners, LLC failed to provide adequate security on the property or the property owner failed to satisfy the requirements of Subpart 2, as amended. Mayor Keener called for public comments. Mr. Warburton thanked Council. Ms. Baum asked Mr. Warburton if he knew that the water was turned off. That needs to be paid and the water needs to be turned on. She also asked Mr. Warburton to notify the City Clerk of who the Police Chief would be contacting on a weekly basis. October 24, 2023 City Council | Minutes Page 8 of 18  Mr. Warburton agreed to do both of those items. Councilman Stone asked if they do the background checks and everyone comes back with a criminal record, then they can still work and this was for nothing? Councilwoman Simons said we will be looking for current warrants. The motion passed unanimously. (5-0) XI. NEW BUSINESS A. Review, discussion and possible direction to Staff on civil penalty options if Ville 837, LLC, commonly known as the Elko Inn, does not meet their obligations as outlined in the Elko City Council Order dated August 30, 2023 or any modified Order as directed by the City Council, and matters related thereto. FOR POSSIBLE ACTION. At the City Council meeting on October 10, 2023 the City Council directed staff to provide clarity on civil penalty options should Ville 837, LLC not meet their obligations as outlined in the City Council’s order dated August 30, 2023. NRS 268.4124 provides that for a chronic nuisance on nonresidential property, a court may impose a civil penalty of not more than $750 per day. The statute further provides that the court may order the owner to pay the City for the cost incurred by the City in abating the condition. The City would include legal fees in its request for costs. KW Ms. Baum stated this item is for information. It appears from NRS and code that civil penalties would have to be done through a court order. Mayor Keener asked if we need to modify the code. Mr. Stanton answered yes, that is his recommendation. Mayor Keener asked if it would be cumbersome and expensive to go to court. Mr. Stanton answered court is often considered cumbersome and expensive. It would be a serious matter if we were to do that. And it would be quite expensive. Mayor Keener asked if legal fees would be on the owner. Mr. Stanton answered the fees could be requested but they are not guaranteed. That would be at the discretion of the court. NO ACTION B. Review, consideration, and possible approval of a three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION October 24, 2023 City Council | Minutes Page 9 of 18  The current Transportation Services Agreement between SkyWest Airlines and the City of Elko expired on September 30, 2023. Airplanners LLC has been negotiating a successor Agreement on behalf of the City of Elko, which effectively extends key provisions of the current Agreement through December 31, 2023. The three (3) month extension reflects one (1) daily flight to Elko continuing with the Return Over Night flight from Salt Lake City to and from Delta's prime east and westbound banks. The agreement reflects the change from the CRJ200 50 passenger plane to the CRJ900 70 passenger plane as of November 30, 2023. JB Jan Baum, City Manager, made a quick correction on the CRJ900. It has 76 passengers. She did not have the final numbers when the agenda was posted but the final number for this quarterly agreement will be $421,044. The agreement is in the agenda. The first 2 months are around $130,000. The third month is $168,000. The cost of the plane will increase because it is a bigger plane. We have potential for increased revenue with more seating on the plane and some of those seats are first class. Bill Tomcich was online. Bill Tomcich talked about the agreement. Mayor Keener asked if there is any data. Have passenger volumes gone up for markets that have moved to the CRJ900? Mr. Tomcich said he did not have any data yet but said he would forward the information as soon as he had some. Mayor Keener asked about schedule changes and if our schedule will remain the same. Mr. Tomcich answered that is the schedule. They plan to make a small change that has potential to help and make the travel experience better. Matt Skinner, Airplanners, stated we are seeing some challenges in other areas that are struggling without air service. He felt this was a good agreement. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko. The motion passed unanimously. (5-0) XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing and possible adoption of Ordinance No. 887, an ordinance adopting a change in zoning district boundaries from C (General Commercial) and GI (General Industrial) to LI (Light Industrial), approximately 12.379 acres of property owned October 24, 2023 City Council | Minutes Page 10 of 18  by the City of Elko, specifically APN 001-630-103 and processed as Rezone 4-23, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on October 3, 2023 and took action to forward a recommendation to City Council to adopt an ordinance which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 887 on October 10, 2023, and set the matter for second reading and public hearing. CL Cathy Laughlin, City Planner, explained this is City of Elko owned property on East Silver Street. We did a parcel map to create multiple parcels. When we created 3 parcels, it created multiple zoning districts on one of the parcels. We are selling a portion of one of the parcels to an adjacent property owner. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conduct second reading, public hearing and adopt Ordinance No. 887. The motion passed unanimously. (5-0) XI. NEW BUSINESS (Cont.) C. Review, consideration, and possible approval of expanding the donation to the Elko Institute for Academic Achievement (EIAA) to include the median construction (which was already included in the donation) and paving and improvements for the back part of the building, and matters related thereto. FOR POSSIBLE ACTION EIAA requested a donation in the amount of $250,000 from the City of Elko specifically for the purpose of constructing the required median pursuant to the approved Conditional Use Permit (CUP). Construction for the median is estimated to cost $127,610. EIAA would like to add the cost of capital improvements and paving in the back part of the building to their donation request so they can receive the entire $250,000. JB Jan Baum, City Manager, explained in response to the CUP, EIAA submitted a letter requesting a donation specifically for the cost of the median. Recently, they received a quote and the estimate was a little over $127,000. The chairman of their board sent an email requesting additional work be included so they can receive the entire $250,000. Lori Lynch, EIAA Charter School, stated the engineer's estimate for Silver Street came in at $250,000. We put in a bid for the pick-up and drop off area in the back and that bid came in at $158,000. When we put the bid out for Silver Street, we ended up without any bids. We were able to go out and advertise and the contractor for the back of the building came in and gave them a quote for Silver Street, since they were already working in the area. The quote and proposal was $127,000. There is a possible change order for $38,000 depending on the weather. The paving depends on the temperature. If the batch plant closes before they are able to pave, they would do a cold patch and go back in the spring and replace it with asphalt. October 24, 2023 City Council | Minutes Page 11 of 18  Mayor Keener said he saw the forms were off on one of the curbs. They are moving along nicely. Dennis Zimmerman, Board Chairman, wanted to thank the Council for being willing to help out. He was thankful for consideration and expects to come back with more requests in the future. He hoped the asphalt gets laid soon. Mayor Keener asked Ms. Baum if she had a recommendation for this. Ms. Baum answered it was at Council's pleasure. This does help us to enable proper infrastructure. She struggled with paying for more than the required median costs. Mayor Keener agreed and stated he felt the same. He would be willing to cover the traffic study as well as the street improvements. He was at the ground breaking and felt the school should be proud of what they are doing. It will be a successful school. Councilman Morris said his concern was setting a precedence. Dave Stanton, City Attorney, said this is a grant to a non-profit and the City can do this. Councilman Morris was worried if another non-profit was to come to us to help with their parking lot and setting that precedence. Councilman Stone was good with paying for the traffic study and the road improvements. Councilman Puccinelli said we made a commitment to this but he also worried about setting a precedence. Ms. Lynch reminded Council that there is still a chance of a $38,000 change order if the paving cannot happen this fall. Mayor Keener called for public comments without a response. Ms. Baum had a request for the motion. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve a resolution to grant the sum of $146,010 to EIAA for the purpose of constructing a median and the cost of a traffic study pursuant to the conditional use permit with any excess funds being returned to the City. The motion passed unanimously. (5-0) D. Review, consideration, and possible action to approve a Non-Royalty Marketing Agreement between the City of Elko, Nevada, a municipal corporation and political subdivision of the State of Nevada and Utility Service Partners Private Label, Inc. d/b/a Service Line October 24, 2023 City Council | Minutes Page 12 of 18  Warranties of America, a Delaware corporation, and matters related thereto. FOR POSSIBLE ACTION On October 10, 2023, the City Council directed Staff to explore a Non-Royalty Marketing Agreement between the City of Elko and Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America. The NLC Service Line Warranty Program for line protection and SERVLINE leak protection would allow customers to purchase coverage for costly water and sewer repairs through a program that would be a partner with the City of Elko. DJ Dale Johnson, Utilities Director, explained this agreement has been reviewed and approved by both legal teams. He recommended approval. Mayor Keener called for questions. Lee Hoffman, 1085 Barrington Ave., asked if this coverage would apply to the plumbing itself, and not damage to the house. People need to understand that and it should be explained to the public. Mr. Johnson said information will be sent out to the consumers. Bill Colley explained the different coverages available. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Non-Royalty Marketing Agreement between the City of Elko and Utility Service Partners Private Label, Inc. dba Service Line Warranties of America. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of a request to waive the requirement to extend sanitary sewer across the frontages of 4800 East Idaho Street (APN 001-860-0AH), and matters related thereto. FOR POSSIBLE ACTION The up gradient and adjacent properties on Zaga Way are already being serviced by the existing sewer main. There is also no existing sewer in Idaho Street to extend. The extension of a sewer main in Zaga or on Idaho Street is unlikely to serve any new customers in the future based on currently available planning and development projections. Future sewer customer’s North of I-80 will be served by a proposed lift station when the properties are developed. DJ Dale Johnson explained this is the typical sewer waiver agreement. We would not need to extend the sewer main any further than it is. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the sewer waiver request. October 24, 2023 City Council | Minutes Page 13 of 18  The motion passed unanimously. (5-0) F. Review, consideration, and possible approval of a Grant of Easement for a Utility Water Line between Joy Global Surface Mining, Inc. and the City of Elko for APN 001-679-017, and matters related thereto. FOR POSSIBLE ACTION The Utilities Department has been working with Joy Global Surface Mining, Inc. for a water line easement in order to extend city water infrastructure to the Elko County Motorsports Complex. The easement will allow the extension of a water main to supply water to the motorsports complex for recreation use. DJ Mr. Johnson stated this is an agreement to extend water services to the Elko County Motorsports Complex. There will be some further agreements coming back on the extension and water rights to service the property. Mayor Keener called for public comments. Ms. Baum said it is a great property. They have put a lot of work into it. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the Grant of Easement for a Utility Water Line between Joy Global Surface Mining, Inc. and the City of Elko. The motion passed unanimously. (5-0) G. Review, consideration, and possible authorization to solicit statements of interest and qualifications for engineering services at the Elko Regional Airport, and matters related thereto. FOR POSSIBLE ACTION The Elko Regional Airport currently has a Professional Services Agreement with Jviation, Inc. for engineering services at the airport. The current contract agreement will expire in February, 2024. The FAA requires that every five (5) years the airport re-advertise for consultants to provide engineering services. Staff will begin the selection process as outlined in Advisory Circular 150/5100-14E and bring the recommendations to award to City Council for final approval. JF Jim Foster, Airport Manager, explained it is that time again to advertise for Engineering Services at the Airport. Jviation is our current engineer under contract. We are just looking for authorization to begin the process. Mayor Keener called for public comments without a response. October 24, 2023 City Council | Minutes Page 14 of 18  ** A motion was made by Council Member Morris, seconded by Council Member Simons to authorize staff to solicit statements of interest and qualifications for engineering services at the Elko Regional Airport and authorize staff to begin the selection process. The motion passed unanimously. (5-0) H. Review and possible approval of a Concessionaire Agreement between ENTERPRISE LEASING COMPANY-WEST, LLC, a Delaware Limited Liability Company dba Enterprise Truck Rental and the City of Elko for the operation of a truck rental agency at the Elko Regional Airport, and matters related thereto. FOR POSSIBLE ACTION ENTERPRISE LEASING COMPANY-WEST, LLC, a Delaware Limited Liability Company dba Enterprise Truck Rental has requested to begin service operating out of the terminal building to provide truck leasing service to the community. Staff and concessionaire have agreed on a new contract for a period of ten years similar to other current agreements. The annual revenue generated from this Concessionaire Agreement will be $5,125.00 for the terminal lease space per year plus an additional 2% of Gross Receipts. JF Mr. Foster explained this is similar to the other concessionaire contracts we have. This is a truck rental and not a car rental. Kevin Thompson, Enterprise, explained what they are proposing. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Concessionaire Agreement with ENTERPRISE LEASING COMPANY-WEST, LLC, a Delaware Limited Liability Company and the City of Elko for the operation of a Truck Rental agency at the Elko Regional Airport. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener said SW Gas is having a public affairs meeting November 6th. There is a Community Breakfast coming up with Orva Mining. Commissioner Andreozzi and some local golfers have said Ruby View looks great. He is planning a trip to meet with SkyWest Airlines November 15-16. Commissioner Steninger will be joining them on the 15th of November. He told Councilman Stone it was a great concert he put on and thanked him for doing it. Councilwoman Simons said the Arts and Culture Mayor's Arts Awards will be November 8th. October 24, 2023 City Council | Minutes Page 15 of 18  Bob Thibault, Civil Engineer, said the Arts and Culture Advisory Board will meet on November 1st to choose the winners and the award ceremony will be November 8th. Councilman Stone reported the Nevada Day Parade is Friday. B. City Manager Jan Baum reported they had the first meeting for the Flight Alliance of Northeastern Nevada. They are working on getting the entity formed with the Secretary of State. The Financial Services Director position will be posted for one more week. C. Assistant City Manager Absent. D. Utilities Director Dale Johnson reported the Hospital 2nd Source Project is well underway. They pushed the pipe through the bore conduit the other day. The 26th, they plan to start Cattle Drive. E. Public Works F. Airport Manager Jim Foster reported on the numbers at the airport. We had a good turnout for the eclipse event we had a couple of weeks ago. During Nevada Day we are doing a costume contest at the IDK Deli. Mayor Keener noted the last City Manager always used to dress up for Halloween. G. City Attorney No report. H. Fire Chief Chief Johnston reported they reduced the call volume 10% over the last month by working with Dispatch by eliminating some nuisance calls. We want to make sure we are sending fire trucks to the right calls. It seems to be going well. The open house went amazing. We got some feedback that they want more food. Parking was very limited but it was a great time. Regarding the SW Gas partnership, their lunch is great. It is good information and they work well with us at all times. They helped them build some of the props they use for training. There is a promotion ceremony on November 3rd. I. Police Chief No report. October 24, 2023 City Council | Minutes Page 16 of 18  J. City Clerk No report. K. City Planner No report. L. Development Manager Ralph Negron said he is learning the processes and building codes. Everyone is taking him under their wing. Mayor Keener asked if he has met any of the developers. Mr. Negron answered he has met some of the smaller/residential developers. M. Financial Services Director No report. N. Parks and Recreation Director No report. O. Civil Engineer Bob Thibault reported on the Mayor's Arts Awards. Ruby Vista Drive is substantially complete. It has been a good project. Councilman Stone said he had a front seat to the entire project. He was impressed with how the contractor cared about everything. Mayor Keener asked about a payable to MGB&A. Mr. Thibault answered the total on that was nearly $10,000 for us to put together a bid package. We were going to add that to the Phase 2 project but since that has been stopped for now, we are moving forward with this. P. Building Official No report. Mayor Keener asked about Pontifex since there was an advance payment to them. October 24, 2023 City Council | Minutes Page 17 of 18  Jan Baum answered they had their kickoff meeting just over a week ago. We will submit those to the managers by November 3rd. 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 There were no public comments. There being no further business, Mayor Reece Keener adjourned the meeting at 6:31 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk October 24, 2023 City Council | Minutes Page 18 of 18