Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS August 27, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, August 27, 2024. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II. ROLL CALL Present: Reece Keener, Mayor Mandy Simons, Councilwoman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Chip Stone, Councilman City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Dave Stanton, City Attorney Dale Johnson, Utilities Director Paul Algerio, Public Works Jim Foster, Airport Manager Ty Trouten, Police 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 Susie Shurtz, Human Resources Manager Annette Robinson, City Clerk Technician II Rachel Randall, Planning Technician Joel Finley, Deputy Fire Chief III. PLEDGE OF ALLEGIANCE August 27, 2024 City Council | Minutes Page 1 of 21  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 There were no public comments. V. APPROVAL OF MINUTES A. August 13, 2024 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Reading of a proclamation by the Mayor in honor of Dr. William (Bill) Wright, DVM in recognition of his many years of service to the community, and matters related thereto. INFORMATION ONLY- NON ACTION ITEM Mayor Keener said it is an honor to recognize Dr. Wright for his many years of service in the field of veterinary medicine to Elko and Elko County. He has been very instrumental in the success of the Dumke Spay/Neuter Clinic at the City of Elko Animal Shelter. It has been a labor of love to care for the medical needs of animals. Mayor Keener then read the proclamation and thanked Dr. Wright (see meeting minutes packet). Dr. Wright said it has been a pleasure to be part of the shelter. It has a great team, and he couldn’t do anything without them. They've done a lot of good for the animals over the years. Thank you all very much. Vivian Wright, LASSO President, said she has been a part of LASSO (Local Animal Shelter Support Organization) on and off since the beginning, they couldn’t do anything with their team members, Alyssa (Mangum), Stephanie (Estrada) and Savannah (Rasband). They will be asking for more money from the community soon so they can do a little bit more and rescue a few more animals. They are in need of an X-ray machine. Alyssa Mangum, LASSO Secretary, Elko Animal Shelter Manager & Licensed Vet Tech., said she wants to extend a special thank you to Dr. Wright. She would not be at the shelter if it were not for him. It has been a pleasure to work with him and see his veterinarian knowledge and skills in practice. He is great with animals and the shelter wouldn’t be where it is today without him. They have spayed and neutered around 460-500 animals this year alone and have been in operation since 2010. She and the other staff members are grateful for him. August 27, 2024 City Council | Minutes Page 2 of 21  Mayor Keener said prior to the establishment of the spay/neuter clinic, the euthanasia's were really high - in the thousands. That number continues to drop year-over-year and it's just a fraction of what it was 15 years ago. Council Member Clair Morris said he has known Dr. Wright since high school. He thanked him for his work at the shelter. It is appreciated. He remembers when the shelter was out at the sewer plant years ago. It has come a long way. Council Member Mandy Simons thanked both Dr. Wright and Ms. Wright. They have worked as a team for LASSO for a long time. LASSO wouldn’t have happened without them both. Thank you. B. Presentation of Retirement Plaque by the Mayor in recognition and appreciation to Kim Wilkinson, Administrative Assistant, and matters related thereto. INFORMATION ONLY - NON-ACTION ITEM Mayor Keener said Ms. Wilkinson has been with the City ever since he has been closely affiliated with it, starting with the Planning Commission in 2008. She has always been really attentive and when it's been something important, she’s always been able to get in touch with him. He appreciates everything she has done for him and the council. Jan Baum, City Manager, said she and Ms. Wilkinson have been working together for about a year and a half. She is one of the most kind, considerate people that she has met. Ms. Wilkinson is helpful to absolutely everybody that comes in. Her kindness, consideration and helpfulness are very much appreciated. Thank you. Council Member Morris said Ms. Wilkinson has a tough job trying to keep the council in line and it is appreciated. Every time he called with a question, she always had an answer and helped him out. Thank you. Council Member Simons recalled when she first started on the council, every week Ms. Wilkinson had to print the agenda packet binders, which would take at least half a day. She also made sure to get our signatures for everything. Half her job is helping the City Manager, but the other half is taking care of the council. It is appreciated. She is kind, too. She never saw or heard Ms. Wilkinson do or say anything unkind, even when she had plenty of reason. Thank you and enjoy the heck out of retirement. You deserve it. Council Member Giovanni Puccinelli said even though he has been on the council for the shortest amount of time at around three years, it has always been a pleasure to come to Ms. Wilkinson’s office because she always has a smile that makes him feel good and comfortable. Thank you very much. Curtis Calder, former City of Elko Manager, congratulated Ms. Wilkinson on her well-deserved retirement. In the time they worked together, she did a great job. He relied on her to keep things running smoothly, which meant a lot. She has done these plaques for everyone else over the years and now it’s her turn. Thank you for everything. Enjoy your retirement. August 27, 2024 City Council | Minutes Page 3 of 21  Scott Wilkinson, Assistant City Manager and Ms. Wilkinson’s husband, said it's been a pleasure to work with Ms. Wilkinson over the years. He echoes all the others’ sentiments on the great job that she has done with the City of Elko. Mayor Keener then presented Ms. Wilkinson with her plaque of recognition and appreciation (see meeting minutes packet). Ms. Wilkinson said It has been a pleasure to serve the citizens of Elko. It has been great working for Mr. Calder and Ms. Baum. Thank you so much to everyone. VIII. PERSONNEL A. Employee Introductions: 1.) Jovanna McDowell, Police Records Technician I, Police Department Ty Trouten, Police Chief, said this newest hire, Jovanna McDowell, fulfills the remaining vacancy within the department’s unsworn side of the house as the department’s new Police Records Technician I. He is pleased to see her come on board and thinks she will be a good fit. Ms. McDowell said she moved to Elko about a year ago. She was working at Walmart but wanted to do more. She was impressed with everything the City had to offer and decided to apply for this position. She is thankful for the opportunity and is looking forward to being here for a long time. The council welcomed Ms. McDowell. VI. PRESENTATION (cont.) C. Reading of a proclamation by the Mayor in recognition of the month of September as "National Suicide Month," and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation (see meeting minutes packet). This year’s focus is “Changing the Narrative on Suicide”. Lynette Smith Vega, Zero Suicides of Elko County President, said Mayor Keener has always been very supportive of their group. Suicide prevention awareness should be year-round, but September is dedicated towards it. She invited everyone to their upcoming events and provided a business card with several local and national resources (see meeting minutes packet). There is a suicide prevention awareness walk on September 14th at the Silver Dollar. The entry fee is $20. You will receive a t-shirt with a space where you can write the name of someone you are supporting or remembering. A mural by local artist, Gina Holmberg, will also be unveiled during this event. There are two free safe talk trainings – one on September 10th and one on September 24th, from 1:00 PM to 3:00 PM, where you can learn how to talk to someone that is thinking about suicide and what resources you can give them. Tonight, the Mayor will draw the winner for their Clay Walker VIP drawing for two VIP tickets to the concert. August 27, 2024 City Council | Minutes Page 4 of 21  Mayor Keener drew a ticket. Angie Berry is the winner. He then asked Ms. Smith Vega what the organization’s website is. Ms. Smith Vega said they changed their name a few years ago from Survivors of Suicide Loss of Northeastern Nevada to Zero Suicides Elko County. They have a Facebook page, and their website is www.zerosuicideselkocounty.org. Mayor Keener thanked Ms. Smith Vega and the group for everything they do. D. Presentation, discussion, and possible direction to Staff regarding the code violations and possible public nuisance at 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, and matters related thereto. FOR POSSIBLE ACTION The City of Elko Development Manager gave a presentation on the code violations and possible public nuisance at 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park on August 13, 2024. At this meeting, the City Council requested a follow-up presentation on the clean-up efforts by the owners RCE Development, managed by Four Peaks Capital Partners, LLC., or their representative. JB Katie McConnell, McConnell Law office, said to date, four RVs have been removed by Lostra. Three more are scheduled for removal next week. In conjunction with the RV removals, Manpower has been hired to clean up the RV lots once the RVs have been removed. They have already started work. The burned down mobile home on Lot 55 was removed on August 25th. There are between 7 and 10 destroyed mobile homes that need to be removed. A bid from Shannon Watkins for demolition and cleanup of them has been received. PlumbLine is working on the sewer at Space 42. They are replacing part of the sewer line and installing a clean out. She drove through the park today and took photos of the two tenants’ spaces they are trying to evict (see meeting minutes packet). These are the worst areas in the park and she believes where the most criminal activity is happening. One tenant has taken over two RV spaces. The eviction hearing has been set for September 30th in Elko Justice Court. The owners have not heard from NV Energy, so they said they will contact them. She has heard secondhand that there have been positive comments on the cleanup. Michael Hanley, City Attorney's office, said the City’s legal team sent a 10-day notice to commence work, pursuant to City Code 5-1-7(A). There are a number of options available to the council. It can take no action, which will re-agendize the item for another meeting. It can table the item, which would make the item automatically show up on the next agenda. And finally, if it’s not satisfied with the update, it can direct the city manager to move to City Code 5-1-7(B), which would start the complaint process and ask RCE Development if they would request a hearing to prove that there is a public nuisance. Mayor Keener called for public comments. August 27, 2024 City Council | Minutes Page 5 of 21  Malorie Reese, 538 S. 4th Street, said she took photos of the park yesterday and they are just a drop in the bucket to what the neighbors have to deal with every day (see meeting minutes packet). The cleanup thus far is not to the scale they expect and deserve. The two spaces with the evictions are not the only ones with a lot of foot traffic, squatters and criminal issues. There are 17 trailers that have been abandoned. There are squatters kicking doors in, and broken glass and public defecation. Since moving to the neighborhood in August 2019, the park has gradually gotten worse. The park manager, Suzie, is trying, but she can’t handle it by herself. The cops have been called a number of times. The cops have done little and say that they have to catch people in the act. She has rallied the entire neighborhood and urges the council to take action today. They've all got families, they've all got kids, they've all got pets. They keep our homes in order and follow city ordinance, but there is this stain across the street just getting away with it because they are making excuses. Porfirio Medrano, (574 S. 4th Street), said he moved to the neighborhood in '96, '97. He grew up and raised his family there. He is really disappointed. The street used to be family-oriented where kids could play and feel safe. Anymore, there are people getting stabbed. This is unacceptable. Something needs to be done and he hopes the council can help. He takes care of the neighborhood. He sweeps the sidewalk and gutter. He cleans up broken glass and finds needles. These people are lowlifes who do not care. Frankie (speaking) and Sailsea Dixon, 602 S. 3rd Street, where they reside, said they own 514 S. 4th Street and 10 other properties on Adams Street. He was raised on Adams Street and has watched the park fall apart. His kids have been chased down the road, their pets have been taken, things have gone missing from his work truck, including a company computer, they have received threats. It has been like this long enough. Once, he loaded up trash from the park himself and took it to the dump, but it just came back. Another time he tried to facilitate a purchase of the park with a company out of Boisie, Idaho. When they were touring the park, they were chased off the property by one of the tenants. There should be some sort of fine imposed on the owners. They've let it go for a long time and it is bad. It affects the property values of the neighboring properties and their lives. Something needs to be done. Ms. McConnell said there have been different property managers over the years, but on behalf of the property owners, she will remain committed to working with the City. They will try to meet benchmarks and try to do better. Since she started representing the property owners a couple of months ago, they have communicated and responded to every single communication from the City. They will continue to do so. Mayor Keener asked how engaged Mike Ayala and Tyler Gunter are in all of this. Ms. McConnell said Mr. Ayala is very engaged. She communicates with him multiple times a week. She does not have any communication with Mr. Gunter and believe he does not work with them anymore. Mayor Keener said Mr. Ayala has dozens of YouTube videos proclaiming himself as a big-time real estate investor and how to make money in mobile home parks. And yet in his own hometown, he lets August 27, 2024 City Council | Minutes Page 6 of 21  these kinds of conditions fester. He is moved by what some of the residents and neighbors have had to put up with. What he learned from the Elko Inn nuisance is that the City doesn't have much teeth in terms of remedies. At this time, he would like to table the item and let it be an ongoing issue, but with the expectation that there will be continued improvement on a weekly basis. He would like to see a schedule submitted to staff establishing timelines for completion. This is a safety problem, and a health problem. Dave Stanton, Legal Counsel, said the code allows the City at some point in the process to go in and abate the nuisance itself. The cost to the city would become a special assessment, and a lien would be placed on the property. Mr. Wilkinson said he would guess that there would be rental agreements in place that require tenants to keep their spaces clean. Those should be enforced. If there aren’t rental agreements, then the property owner would have the ability to clean a space. Two issues of urgency are the sewer and electricity. He receives a couple of photos on Monday showing what appear to be sewer going onto the ground. Somebody could die due to the electricity issues. Council Member Morris does not think that using Manpower for the clean up is going to work. They need a contractor with equipment and dump trucks to haul the junk out. He understands that the eviction process takes time. Ms. McConnell clarified that Manpower is just being used for the cleanup of the lots after the RV units have been removed. There will be other bids coming in. Council Member Morris said that's a band-aid. The owner claims to be an entrepreneur with all this money, well spend it. Council Member Simons said she agrees with Mayor Keener. She would like to see staff work with Ms. McConnell on a schedule of when things are going to get done by. She learned from the Elko Inn nuisance that the City has to push as hard as it can. With businesses and bars and properties where the property owner doesn’t live in town, there doesn’t seem to be an urgency to fix the issues. If there is a schedule and a deadline isn’t met, then maybe the City will have to option to go in, clean it up and send the owner the bill. Mr. Dixon said that's the best way to get their attention. Addressing some of the public comments, Council Member Simons said that regarding evictions, the courts work at their own pace, but appreciates that everyone acknowledges that there is a process that needs to be worked through. Regarding the comments about police efforts, over the past decade, the legislature has tied their hands over and over again. When they say, "If we don't catch them in the process, we're not doing anything," it's not because they don't want to, it's because they've been stripped of so much power. She encouraged the neighbors to keep calling the police because those calls are logged, which gives the council little more teeth. August 27, 2024 City Council | Minutes Page 7 of 21  Mayor Keener said this item will be on the next meeting and likely on the following ones until this has been mitigated. He asked the neighbors to let the City know if the property owners are moving fast enough. Council Member Puccinelli said his initial inclination is to start the process because he has serious trust issues with people that have business like this. With the Elko Inn, the owners said, “We're getting a bid, we're getting this, we're getting that.” But they were just blowing smoke. He has a problem with that. The only saving grace for this property is that Ms. McConnell is a part of this community. Ms. McConnell said she has been a part of the community her whole life. She added that Mr. Ayala’s parents live here too and they are a part of the cleanup. Mayor Keener asked Ms. McConnell if her client has the money to perform the necessary cleanups. Ms. McConnell responded, “As far as I've been told. As far as I know.” Mayor Keener added that he did not want the City to spin our tires with all kinds of procrastination and be at the same point three months from now and have the excuse that it's too cold, it's winter out, we'll have to wait till spring. The council needs to see immediate action or the City will do it ourselves. He asked Mr. Wilkinson if it would then become a public works project subject to prevailing wage. Mr. Wilkinson said probably not because it is on private property. Mr. Stanton agreed. Mr. Wilkinson said disposal is expensive. It would seem they are trying to save money by finding the cheapest way to do it. They should just hire a competent contractor to go in there and get it done. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to direct staff to work with the property owner’s legal counsel to create a schedule of actions to present to council. The motion passed unanimously. (4-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to table. The motion passed unanimously. (4-0) E. Presentation, discussion and possible approval to extend the final payment of $683,670 to Nevada Health Centers for the Elko Behavioral Health Expansion and matters related thereto. FOR POSSIBLE ACTION. The City of Elko committed $1,913,805 to NV Health Centers for the Elko Behavioral Health Expansion. To date the city has paid $1,230,135 to NV Health Centers for this August 27, 2024 City Council | Minutes Page 8 of 21  project. Representatives from NV Health Centers will give an update on the program. Based on the progress of the Behavioral Health Expansion, Nevada Health Centers is requesting their final installment of $683,670. JB Kendall Looney, Nevada Health Centers (NHC) Director of Operations of Behavioral Health, thanked the council for the opportunity to present today. They were last here in May, so the presentation provided in the agenda packet is a quarterly update on the behavioral health expansion in Elko, summarizing progress on grant objectives that include recruitment and program configuration, psychiatry services, increasing access to behavioral health, community engagement, social services and community resources. They have been recruiting for two behavioral health provider positions in Elko. In this last quarter, they conducted a total of five interviews and two site visits. One licensed clinical social worker (LSCW) accepted the position and will begin work in November. A second candidate is in the interview process. They are working on hiring support staff as well. They went live with their new electronic health records software on July 16th. They finalized an MOU with Focus Mental Health for a referral arrangement for psychiatry services. For the first few months, there will be reserved appointment slots for patients in Elko County. There has been an increased access to behavioral health with 43 unique patients seen between April and June, including 20 new ones. There were 148 behavioral visits in Elko County in the same time frame. They have also participated in a number of community events. Their team is the biggest it has ever been with 9 providers, 6 LSCWs, 2 licensed marriage and family therapists, and their Clinical Director of Behavioral Health, Patrick Rogers. Mr. Rogers is also an LCSW and has been traveling to Elko one week per month to see patients in person and to work with staff on site. Over the life of the grant, they have seen 334 distinct patients in Elko County and have had 1,743 total kept encounters. The no-show rate for behavioral health visits is around 20% to 30%. Issues like severity of mental health issues, socioeconomic status, transportation and childcare are all reasons a patient misses a scheduled appointment. NHC is working to address this with their reminder systems. Mr. Rogers said he and Ms. Looney had spoken with Mayor Keener earlier but wants to make sure any questions the council has are answered. Regardless of what the council decides regarding the disbursement of grant funds, NHC is committed to moving forward with the program and not letting its foot off the gas. Mayor Keener said he expressed reservations at their last update. This was a three-year, $1.9 million grant and we are in year three. The grant specified four people were to be hired and right now there is only one, with a second one starting in November. This ARPA funded grant was a once in a lifetime opportunity and the council made the choice to do what we could to move the needle on behavioral health because there is an acute need. To date $1.2 million has been paid out and there is a remaining tranche of about $684,000. As a steward of public money, he can't in good faith agree with distributing it. He wants to see all the positions fully filled with local people here in Elko and a few months of track record before doing so. This community needs NHC to be successful. We need Carson City to hear us loud and clear that NHC needs to work diligently on retaining its workforce. August 27, 2024 City Council | Minutes Page 9 of 21  Council Member Morris asked if the new social worker starting in November with live in Elko. Mr. Rogers said yes. The second candidate that they have an offer out to said during a visit to Elko, “I can see ourselves living here”. They would be moving from the East Coast, so there are some logistics to work through. Council Member Puccinelli said he is in agreement with Mayor Keener. Out of three years, they only have one person out of it. Recruiting is something everybody in Elko deals with. He would like to hold off on the funding. Mr. Rogers said they have had other staff, but they just didn’t work out for one reason or another – one in the LCSW position, three in the social service coordinator position and one in the behavioral coordinator position. Council Member Puccinelli said retention is another part of it. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve to hold off on the final payment of $683,670 until the next update. The motion passed unanimously. (4-0) VIII PERSONNEL (cont.) B. Review, consideration, and possible appointment of Annette Robinson to the position of Elko City Clerk pursuant to Section 1.070(1)(a) of the Elko City Charter, and matters related thereto. FOR POSSIBLE ACTION The position of City Clerk is an appointed office pursuant to Section 1.070(1)(a) of the Elko City Charter. On July 23, 2024, the City Council directed staff to make a formal offer of employment to Annette Robinson, who was selected by the City Council as the top City Clerk candidate. The City’s offer of employment was expressly made contingent upon the successful completion of a background investigation. A successful background investigation was completed. SS Mayor Keener added that these background checks are extremely invasive, and a person has to be clean as a whistle to get through them. He is pleased that everything has worked out favorably. Susie Shurtz, Human Resources Manager, said this item is to appoint Annette Robinson, City Clerk Technician II, to the position of Elko City Clerk. Mayor Keener called for public comments without a response. August 27, 2024 City Council | Minutes Page 10 of 21  ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve appointment of Annette Robinson to the position of Elko City Clerk pursuant to Section 1.070(1)(a) of the Elko City Charter. The motion passed unanimously. (4-0) VI. PRESENTATION (cont.) F. Oath of Office for incoming City Clerk Annette Robinson, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM With their right hands raised, Mayor Keener read the Oath of Office, which Ms. Robinson repeated back (see meeting minutes packet). Mayor Keener offered congratulations to Ms. Robinson. Ms. Robinson thanked the interview committee, the council and Mayor Keener for having their trust in her. She plans on doing a wonderful job for the City and the citizens of Elko and is looking forward to this position. At 5:27 PM, Council Member Simons called for a 3-minute recess. BREAK At 5:30 PM, the meeting resumed. Before moving on to Public Hearings, Mayor Keener recognized Cathy Laughlin, City Planner/Acting City Clerk, for her efforts as Acting City Clerk. He asked Ms. Laughlin if she was willing to relinquish the duties of Acting City Clerk. Ms. Laughlin responded yes. XIII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 891, an ordinance adopting a change in zoning district boundaries from AG (General Agriculture) to R (Single Family and Multiple Family Residential) Zoning District for APN 001-620-073 and processed as Rezone 2-24, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on August 6, 2024 and took action to forward a recommendation to Council to adopt an ordinance which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 891 on August 13, 2024, and set the matter for second reading and public hearing. CL Ms. Laughlin said the City has not received any written public comment since the first reading. With this zone change, this area will be in conformance with the master plan. August 27, 2024 City Council | Minutes Page 11 of 21  Mayor Keener said for the benefit of the public, this is not an approval for any kind of building projects. It is merely changing the zoning of the parcel. He then called for public comments. Scott MacRitchie, 1947 Amber Way, said he did the development project just to the east and north of it, on Benti Way. For years he tried to work with Mr. Benti to acquire this parcel. It is the perfect in- fill piece. He wholly supports the zone change. ** A motion was made by Council Member Morris, seconded by Council Member Simons to conduct second reading, public hearing and adopt Ordinance No. 891. The motion passed unanimously. (4-0) B. Second reading, public hearing, and possible adoption of Ordinance No. 892, an ordinance adopting a change in zoning district boundaries from PQP (Public, Quasi-Public) to C (General Commercial) Zoning District for APN 001-620-058 and processed as Rezone 3- 24, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on August 6, 2024 and took action to forward a recommendation to Council to adopt an ordinance which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 892 on August 13, 2024, and set the matter for second reading and public hearing. CL Ms. Laughlin said the City has not received any written public comment since the first reading. The developer’s representative is in attendance and available for questions. Back when this property was zoned to PQP, zone amendments were done by resolution. The resolution for this property included a condition added by the Planning Commission that if the applicant, the charter school, did not develop the property within four years, it would revert to Commercial. Within that time, City Code 3-2-22 was changed. Zone amendments are now done by ordinance, and so it is not possible for this property to revert without an ordinance. 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. 892. The motion passed unanimously. (4-0) VII. CONSENT AGENDA A. Review, consideration, and possible approval of a Deed of Dedication for a permanent Right-of-Way for roads and streets and Public Utility Easement for Bullion Road as described in the Deed of Dedication Exhibits, and matters related thereto. FOR POSSIBLE ACTION August 27, 2024 City Council | Minutes Page 12 of 21  Bullion Road currently exist on an actual parcel of land owned by the City of Elko. This Deed of Dedication establishes a Right-of-Way for roads and streets and a Public Utility Easement for Bullion Road. RN B. Review, consideration, and possible approval of a Deed of Dedication for a permanent Right-of-Way for roads and streets and Public Utility Easement for Ruby Vista Drive as described in the Deed of Dedication Exhibits, and matters related thereto. FOR POSSIBLE ACTION Ruby Vista Drive currently exist on an actual parcel of land owned by the City of Elko. This Deed of Dedication establishes a Right-of-Way for roads and streets and a public utility easement for Ruby Vista Drive. RN C. Review, consideration, and possible approval of a Deed of Dedication for a permanent Right-of-Way for roads and streets and Public Utility Easement for Jennings Way as described in the Deed of Dedication Exhibits and matters related thereto, FOR POSSIBLE ACTION Jennings Way currently is a portion of the parcel referred to as adobe middle school owned by THE BOARD OF TRUSTEES OF THE ELKO COUNTY SCHOOL DISTRICT. This Deed of Dedication establishes a Right-of-Way for roads and streets and a Public Utility Easement for Jennings Way. RN D. Review, consideration, and possible ratification of Staff revisions to a grant of easement to NV Energy, which was approved by the Council at its meeting on August 13, 2024, for utility extension on College Avenue and Gold Course Road, and matters related thereto. FOR POSSIBLE ACTION The grant of easement approved by the Council at its meeting on August 13, 2024, mistakenly referenced the Boys and Girls Club of Elko, Inc., as the grantor of the easement. References to the Boys and Girls Club of Elko, Inc as the grantor of the easement have been corrected to reflect the City of Elko as the grantor of the easement and the easement has been executed to keep the project on schedule. SAW Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the consent agenda. The motion passed unanimously. (4-0) IX. APPROPRIATION A. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE ACTION August 27, 2024 City Council | Minutes Page 13 of 21  ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants for Fiscal Year 2023-2024 in the amount of $28,975.22. The motion passed unanimously. (4-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants for Fiscal Year 2024-2024 in the amount of $320,965.18. The motion passed unanimously. (4-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the hand-cut checks in the amount of $458,672.67. The motion passed unanimously. (4-0) B. Review and possible approval of an Alliance Technology warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Alliance Document Technologies warrants in the amount of $128.00. The motion passed. (3-0) Mayor Keener abstained from the vote. C. Review, consideration, and possible award or rejection of bids for Public Works Project EL- 2024-4692; the City Water Street Repair Project, and matters related thereto. FOR POSSIBLE ACTION Council approved the solicitation of for the Water Street Repair Project at its meeting on June 25, 2024. Bids were received on August 20, 2024. There were two bids submitted and reviewed by City Staff. The bids received ranged in value from $308,684.00 to $500,000.00. The low bid submitted by Acha Construction was deemed non-responsive for failure to include the required printout from a Business Entity Search on the Nevada Secretary of State Website within 30 calendar days prior to the date for receipt of Bids showing that the Bidder is an active entity registered in that office, together with any other information about the entity contained on the web page. This is a requirement under the Instruction to Bidders, Section 2.0(8) of the bid documents and must accompany the bid. The second bid submitted by MKD Construction is deemed responsive. This is a project that will be reimbursed by the Union Pacific Railroad. The second bid is considerably higher than the engineer’s estimate of $280,626.00 presented to the Union Pacific Railroad for reimbursement. SAW Paul Algerio, Street Superintendent, said the low bid we received was deemed non-responsive and the second bid was nearly double the engineer’s estimate. Staff is recommending rejecting all bids to give us the opportunity to put it back out for rebid. August 27, 2024 City Council | Minutes Page 14 of 21  Mayor Keener said he would imagine that Union Pacific would probably balk at paying that amount. Mr. Wilkinson said he has heard from one individual with the Union Pacific who also recommends a rebid. Council Member Puccinelli said he works on Water Street and the potholes are getting pretty big. He worries about how bad they will get during the winter. Mr. Algerio say yes, they will have to do some patching, but the project needs to go out to bid again. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to reject all bids and instruct Staff to rebid the project with a Spring 2025 schedule. The motion passed unanimously. (4-0) X. SUBDIVISION A. Review, consideration, and possible acceptance of Subdivision Improvements for the Bergeron Village Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 7-22 for Bergeron Village on January 24rd, 2023. A Performance and Maintenance Agreement was entered on January 24, 2023. The Developer has requested a conditional acceptance of the subdivision. The Developer has substantially completed the Subdivision Improvements in accordance with the approved plans. The City is in receipt of the required certification of the project by the Engineer of Record. The Developer is required to provide maintenance security in the amount of $320,415.65 for a 12-month maintenance period. The maintenance period will begin on the date of Council acceptance of the subdivision improvements provided the maintenance bond is on file with the city. RN Ralph Negron, Development Manager, said staff has inspected the project and is recommending acceptance of the public improvements. Scott MacRitchie, Ruby Dome, and Lana Carter did an exceptional job on this project. It is located on the left side of East Jennings Way, looking up the hill. Mayor Keener Reece said the views from up there are really beautiful. He hopes the lots will sell like hot cakes so the remaining phases can be completed. He complemented Ms. Carter on her engineering report and appreciated the photos. Mr. Wilkinson said the City should have an expectation that every engineer’s certification would be similar to this, depending on the size of the subdivision. Mayor Keener called for public comments without a response. August 27, 2024 City Council | Minutes Page 15 of 21  ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to accept the Public Improvements for Bergeron Village. The Developer is required to post a Maintenance Bond the amount $320,415.65 prior to Certificate of Occupancy. The motion passed unanimously. (4-0) After the vote, Mayor Keener told Mr. MacRitchie that he appreciates all his investments in the Elko area. Mr. MacRitchie commented that a property like Shady Elms is an opportunity for somebody like him to come in and pick it up for cheap and turn it into something good. His company goes out of its way to not do it cheaply but do it right. XI. NEW BUSINESS A. Review, consideration, and possible acceptance of 5-Year Master Professional Services Agreement between The City of Elko, Nevada, a municipal corporation and political subdivision of the State of Nevada and Woolpert, Inc., an Ohio corporation, for aviation services at the Elko Regional Airport, and matters related thereto. FOR POSSIBLE ACTION In October 2023, Staff began the process of selecting a firm to provide a Five (5) Year Contract for Engineering Services for the Elko Regional Airport. On March 23, 2024 City Council selected Woolpert, Inc., for the award and authorized Staff to beginning the negotiation process for the master agreement. Staff along with consultation with City Legal Counsel negotiated a final version presented today. This agreement is contingent upon Federal AIP funding at 93.75% and airport needs. Each future project will be taken before Elko City Council for consideration prior to any contractual obligations. Airport Staff followed the guidelines of FAA Advisory Circular 150/5100-14 series for selection and approval as required by the FAA. JF Jim Foster, Airport Manager, said the City is currently under contract with Jviation Inc., which was bought out by Woolpert. The professional services agreement provided in the agenda packet is stylistically different than past agreements with Jviation. It includes a list of projects for future consideration through the FAA (like extending Runway 6/24 and Taxiway A (1,500 ft.) and constructing ARFF Training Facility). The City is still under contract with Jviation for the ramp construction project. Mayor Keener asked how many vendors/consultants applied. Mr. Foster said there were three this time. They were all interviewed and shortlisted. In past years, there have been up to 12 vendors. Mayor Keener asked who was on the selection committee. August 27, 2024 City Council | Minutes Page 16 of 21  Mr. Foster said for the interview process the committee consisted of himself, Ms. Baum and Julie Davis, Financial Services Director. He, Mr. Wilkinson, Council Member Simons and one other person completed the original review of the proposals. Mayor Keener said it is a big job to go through and score something like this. He thanked everyone involved. He has liked working with Woolpert, formerly Jviation, and thinks it’s great that we are able to retain them. They scored the highest, but it was very close. Mr. Foster agreed. All three candidates were good. They are all brilliant at what they do, so it was a tough decision. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Master Professional Services Agreement Between the City of Elko and Woolpert, Inc. The motion passed unanimously. (4-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 50-day Temporary Retail Liquor License and discuss issuance of regular Retail Liquor License, to Henry W. Nye, DBA Tiki Hut, LLC, located at 433 Railroad Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten said Henry Nye, the applicant, is present and available for questions. This application has been processed in the normal way (application submittal, temporary liquor license request, fingerprinting and initial meeting with the Chief to go over city code) but is unique because there was some missing information that was uncovered during the fingerprinting process. When the applicant came in to amend the application, he stated he had no recollection of the events, which had occurred 10+ years ago. They were not of a nature that would be a cause for a denial, but the Chief had a second meeting with the applicant, in the presence of Lieutenant Jason Pepper. He did not feel that Mr. Nye was being deceptive. He is requesting ratification of the temporary liquor license but will leave issuance of the retail liquor license up to the council. Mayor Keener said the council takes this very seriously because there have been problems in the past with some liquor licensees. Having a liquor license is a tremendous responsibility that can affect public safety. He asked Mr. Nye to introduce himself and describe what it is he is trying to do. Mr. Nye said his brother owned the Tiki Hut but has passed away. He wants to save the business and is a first-time business owner. He has remodeled the business and has been going through the liquor license process with the Chief. He believes he does not recall the events because he was in a bad marriage. Since then, he has raised two kids and put them through college. He is about ready to retire from Cortez in March of next year. He has complied with everything and will continue to do so. His August 27, 2024 City Council | Minutes Page 17 of 21  bar tenders will not over serve, and they will be fully cooperative with the police. Their bar cards will be kept onsite. Mayor Keener called for public comments without a response. He said he is willing to give Mr. Nye a shot. The events were well in the past and he has been successful at holding down a responsible job and putting kids through college. Instead of the standard 6-month probationary period, he recommends extending it out to 12-months, with reports from the Chief during Staff Reports at 3, 6 and 9 months. Chief Trouten said he was open to that. He encouraged Mr. Nye to remember their conversations and avoid common pitfalls. Mr. Stanton said it would be a condition placed on the liquor license that would be issued. Does the applicant accept the condition? Mr. Nye said yes, that’s fair. ** A motion was made by Council Member Simons, seconded by Council Member Morris to ratify the Police Chief issuing a 50-day Temporary Retail Liquor License and regular Retail Liquor License, to Henry W. Nye, DBA Tiki Hut, LLC, located at 433 Railroad Street, Elko, NV 89801, with the condition that the six-month probationary period be extended to one year and ask the Chief to report back with quarterly updates. The motion passed unanimously. (4-0) XIV. REPORTS A. Mayor and City Council Mayor Keener said the Nevada League of Cities Annual Conference would be on October 10th, 11th and 12th at Lake Tahoe. If anyone is interested in attending, please reach out to Ms. Baum. He and Ms. Baum are planning to be in attendance, but the League is hoping to get at least three individuals from each of the member municipalities. Judge Randall Soderquist with Elko County Courts requested that Mayor Keener pass along the information to the city that there have been some organizational changes with the Municipal and Justice Courts. All the administration used to be done using County Clerk personnel, but those employees have now been moved over to the Courts. After the conclusion of Chief Trouten’s report, Mayor Keener also said he will attend the next City Council meeting, but be absent for the following one, the second meeting in September. B. City Manager No report. C. Assistant City Manager August 27, 2024 City Council | Minutes Page 18 of 21  No report. G. City Attorney No report. K. City Planner No report. J. City Clerk No report. E. Public Works Mr. Algerio reported that the micropaving has wrapped up. It was the biggest preventative maintenance project to date and everything went well. The contractor completed striping and pavement markings on Idaho Street and 12th Street. The Streets department will complete striping and pavement markings throughout the remaining locations around tow. Council Member Morris said it looks good. Mayor Keener agreed. Sierra Nevada does a terrific job. N. Parks and Recreation Director No report. L. Development Manager No report. D. Utilities Director Dale Johnston, Utilities Director, said last Tuesday and Wednesday, he and Jim Kerr went to Carson City to meet with the Board of Financing Water Projects. The board was in favor of the City’s water modernization project. They funded us two loans, one for $12,150,000 at 1% interest and another one for $1.5 million principal forgiveness, which the City will not have to pay back. As soon as the bonds are in place, he will bring an item back to council for approval of a supplier for the water meters. H. Fire Chief No report. August 27, 2024 City Council | Minutes Page 19 of 21  I. Police Chief Chief Trouten said regarding the agenda item for 440 Grant Street, a recent stabbing did not occur there, rather it happened down by the river and then the suspect was found hiding in one of the residences at 440 Grant Street. So, there is still some activity happening there. Regarding the traffic issues with the charter school’s new location on West Main Street, this morning’s traffic went much smoother. The traffic was backed up on Hot Springs Road, but it did not interfere with the traffic on Silver Street or Idaho Street. The afternoon pick-up times showed significant improvement as well. Hopefully within the next week or two, delays will be reduced further. He suggested putting in a crosswalk so parents dropping off their kids across the street can do so safely. The businesses immediately to the west will still probably be significantly impacted during drop-off/pick-up times. The school has a staggered release schedule starting at 2:30 PM and ending at 4:00 PM, based on the age of the children. Mr. Algerio added that families with multiple kids with different ages get picked up at the same time. F. Airport Manager No report. M. Financial Services Director Mayor Keener thanked Ms. Davis for presenting at the Debt Management Commission. The meeting discussed bonding debt held by the different municipalities and government entities within Elko County. He thought it was a little odd that West Wendover bonded for vehicles because they will probably be won out before the bond is paid off. Other than that, everyone seems to be in good shape. Neither Ms. Davis, nor Candi Quilici, Accounting Manager, had anything to report. O. Civil Engineer P. Building Official XV. 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 Lee Hoffman, 1085 Barrington Avenue, not speaking as an official spokesperson, reported that the State Public Charter School Authority approved the charter application from Nevada Classical Academy Elko. There will be a press release coming out next week with more details. He thanked the council and staff for their help. August 27, 2024 City Council | Minutes Page 20 of 21  Mayor Keener called for additional public comments without a response. At 6:19 PM he called for a recess before the meeting continued as a closed session for discussion of labor negotiations under item VIII.C. BREAK VIII PERSONNEL (cont.) C. Closed session to discuss labor negotiations between the City of Elko and the International Union of Operating Engineers, Local 3, AFL-CIO, and matters related thereto. INFORMATION ONLY-NONACTION ITEM Note: This portion of the meeting may be closed pursuant to NRS 288; therefore, the Council may move to adjourn the meeting prior to consideration of this item. Separate minutes of the session have been prepared. No action was taken. XV. COMMENTS BY THE GENERAL PUBLIC (cont.) At 7:56 PM the meeting continued as an open session. Mayor Keener called for final public comment. There were no public comments made at this time. There being no further business, Mayor Reece Keener adjourned the meeting at 7:57 PM. Mayor Reece Keener Annette Robinson, City Clerk August 27, 2024 City Council | Minutes Page 21 of 21