Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS September 10, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, September 10, 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 Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Jan Baum, City Manager Dave Stanton, City Attorney Dale Johnson, Utilities Director Jim Kerr, Water Superintendent Paul Algerio, Public Works Jim Foster, Airport Manager James Johnston, Fire Chief Ty Trouten, Police Chief Cathy Laughlin, City Planner 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 Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE September 10, 2024 City Council | Minutes Page 1 of 16  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 Kelly McNeil introduced herself as the new Executive Director for the Nevada League of Cities, which is a statewide association. It will be hosting its annual conference on October 9th through 12th at the Taho Blue Event Center in Lake Tahoe. She welcomes everyone to this event. Mayor Keener said he and a few of the staff will be attending and is looking forward to it. Lynette Smith Vega, Zero Suicides of Elko County President, invites everyone to the organization’s 5K walk this Saturday, September 14th, at the Silver Dollar Club. It is $20 to register, and you will receive a T-shirt. A mural by local artist Gina Holmberg will also be unveiled. Caleb Spurlock, 500 Beowawe Geyser Road, read a prepared statement, “What an embarrassment on the face of local law enforcement. On July 31st, the SWAT team was training at 405 Idaho St. Embarrassment specifically on Corporal Olvera's and his blatant disregard for the Second Amendment rights in violation of his oath and putting the public at risk. Mr. Schultz, who's a victim in this case, is also a disabled 56-year-old veteran of honorable discharge. He broke no laws while walking with a rifle from the pawn shop to his vehicle. The report uses false information, making it seem as though the entire SWAT team had cause to point loaded guns, fingers on triggers, at Mr. Schultz after he entered his truck to go home. Mr. Schultz was forced from his vehicle under penalty of immediate death, comply or die, and was then detained, close to an incident. Corporal Olvera said, “What was I supposed to think?” How about upholding your oath? You swore before God. Further, SWAT team was off duty without body cameras training on Idaho St. with fully loaded guns? “I'm calling for Corporal Alvera to undergo immediate physical evaluation, for the public to be notified when police will be training on populated public property, for our law enforcement agencies to have a zero-tolerance policy when officers violate citizens constitutional rights. “On November 2023, I was given a non-moving violation myself by NHP Officer Wyatt Church. Wherein in an effort to make a point, he committed felony perjury under NRS 199.120 on a sworn statement. In light of these events, private armed local citizens will be conducting active audits of law enforcement until we the people deem it no longer necessary.” Darryl Baber, Ryndon resident (7259 Goldrush Drive), said police officers swear an oath to uphold and defend the Constitution of the United States, but they're not doing a good job of it most of the time. They lie on police reports. They point guns at you. We're not a police state. This all goes back to the City Council because you hire the police. You have a duty to make sure that your police officers are honoring their oath and keeping them accountable. He does not want to get rid of the police, but to bring back honorable ones. The police should not be allowed to run amok and they need more training. He will be auditing the police until such time as they are back in check. They're supposed to be servants of the people, not overseers or tyrants. September 10, 2024 City Council | Minutes Page 2 of 16  Mayor Keener said he is in support of our police. They have a very tough job. Every time he hears one of these stories, it seems like we're only getting part of the story. He also does not think that an audit would be productive. Council Member Mandy Simons said not every police officer ever hired is great at their job, but no segment of a population has perfect employees. The officers wear body cameras, so there will be footage if an incident does happen. She also does not think active audits will be helpful. She encourages people to rethink that approach. Council Member Morris said if there is a specific incident and it is reported, it is investigated thoroughly. Dave Stanton, Legal Counsel, interjected that we're getting to the point where we're starting to have a deliberation. We have all of the council members present. We have three people now engaged in conversation over a topic that may or may not come up at a future City Council meeting. He does not think the conversation can progress any farther without actually making this an agenda item. It may cause an open meeting law issue if we go any further. Mayor Keener called for any other public comments without a response. V. APPROVAL OF MINUTES A. August 27, 2024 Regular Session The minutes were approved by general consent. VI. CONSENT AGENDA A. Review, consideration, and possible approval of two newly established Elko firms, Haley & Aldrich Inc., and Sanbell, formally Summit Engineering to be included into the City of Elko Engineering short list for Fiscal Years 2024/2025, 2025/2026, and 2026/2027 for Public Works design and construction projects, and matters related thereto. FOR POSSIBLE ACTION On July 9, 2024, the City Council approved the City of Elko Engineering shortlist for Fiscal Years 2024/2025, 2025/2026, and 2026/2027 for Public Works design and construction projects. Haley & Aldrich Inc. is a newly established firm in Elko and Summit Engineering merged with other firms to become the new firm of Sanbell. Staff would like to have approval to update and include Haley & Aldrich Inc. and Sanbell to the Engineering Short List so they can be considered for future projects. DJ ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the consent agenda as written. After the motion and before the vote Mayor Keener called for public comments without a response. The motion passed unanimously. (5-0) September 10, 2024 City Council | Minutes Page 3 of 16  VII. PERSONNEL A. Employee Introduction: 1.) Deanna Galietoe - Accounting Technician II, Finance Department 2.) Jared Schroeder - Laborer, Water/Sewer Department Candi Quilici, Accounting Manager, introduced Deanna Galietoe as the newest member of the Finance team. She has been doing a great job so far and is learning the processes for accounts payable and utility billing as the Accounting Technician II. Ms. Galietoe said she moved to Elko a couple years ago to be closer to her family. She has two sons and two grandchildren. She is excited to be part of the team and hopes to be here for a long time. Jim Kerr, Water Superintendent, introduced Jared (JD) Schroeder as the Water/Sewer Department’s new Laborer. Mr. Schroeder said he has been in Elko for about six or seven months. He has been in Nevada for the past two years working at the Winecup Gamble Ranch. He is excited to work for the City of Elko. The council welcomed each new staff member. B. Review, discussion, and evaluation of City Manager’s job performance for Fiscal Year 2023/2024, including the possible award of a merit pay increase, and matters related thereto. FOR POSSIBLE ACTION Current City policy requires the City Council to complete a performance evaluation for the City Manager appointed official position each year, and to consider approval of a merit pay increase. All City Council Members have completed the current performance evaluation for the City Manager, and the performance evaluation scoring is included in your packet. SS Mayor Keener congratulated Jan Baum, City Manager, for her stellar performance over the last year and a half. She is hitting her stride. The score sheet shows aggregate ratings ranging from 4.50 to 4.75 out of a possible 5.00. Thank you for your hard work, leadership, sacrifices, and bullets you take in this position. The council made the best decision in hiring you as the right person for the job. Council Member Morris said he really appreciates what she has done. It is a very difficult job. He advised her to not let it eat her up. Continue balancing it with her personal life. Thank you. Council Member Giovanni Puccinelli thanked Ms. Baum for all the help she has given him as a council member. Whenever he has questions, she always jumps right in. He thanked her and the staff that have stepped up through staffing shortages. Thank you. Council Member Simons agreed. She especially loves that Ms. Baum always keeps her up to date. She doesn’t feel in the dark and the public are not catching her off guard. It is much appreciated. September 10, 2024 City Council | Minutes Page 4 of 16  Council Member Chip Stone said A+ job on everything she has done. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the evaluation scoring and award a merit increase to the City Manager Jan Baum for a job well done. After the motion and before the vote Mayor Keener called for public comments without a response. The motion passed unanimously. (5-0) VIII. 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 Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $1,079,138.06 and the hand-cut checks in the amount of $177,842.04. The motion passed unanimously. (5-0) B. Review, consideration, and possible final acceptance of the Preventative Maintenance Project 2024, application of Micro Slurry Seal to select City streets, and matters related thereto. FOR POSSIBLE ACTION At the May 28,2024 meeting, the council awarded the bid for the Preventative Maintenance Project 2024 to Sierra Nevada Construction in the amount of $881,007.00. The project has been completed in conformance with the plans and specifications. Sierra Nevada Construction has successfully completed the project. PA Paul Algerio, Street Superintendent, said there were some significant deductions from the original contract award amount for pavement markings on side roads. There were a number of crosswalks on Idaho Street that did not have to be redone because they were not covered. The final total cost of the project is $869,409. Mayor Keener enquired about repairs on Khoury Lane. Mr. Algerio said the Street department will reevaluate it in the spring. It has been slurried and crack sealed, but they will probably be up there patching it again. Mayor Keener called for public comments without a response. He said the contractor, Sierra Nevada Construction, did a terrific job. He also acknowledged the project’s construction manager company, A.M. Engineering. Micro slurry seal is a great product for the city and the taxpayers. September 10, 2024 City Council | Minutes Page 5 of 16  Mr. Algerio said A.M. Engineering was a big part of the quality of the project; nearly 303,000 square yards of material was laid. Council Member Morris said it looks good and Sierra Nevada Construction did a nice job. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Final Acceptance of the Preventive Maintenance Project 2024 to Sierra Nevada Construction in the amount of $869,409.00. The motion passed unanimously. (5-0) IX. UNFINISHED BUSINESS A. Presentation from a representative of 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park, owned by RCE Development, managed by Four Peaks, LLC on the entity's plans to abate the code violations at the property and matters related thereto. INFORMATION ONLY - NON-ACTION ITEM At the August 27, 2024 City Council Meeting, the City Council requested that the owners of Shady Elms Mobile Home Park work with city staff and bring back a presentation to the City Council detailing the owner's specific steps forward to abate the code violations at Shady Elms Mobile Home Park. The steps forward should include a timeline. JB Mayor Keener said during this item at the last meeting, he had wrongly asked if Tyler Gunter was associated with this business. Mr. Gunter is in no way, shape or form associated with the ownership or management of this entity. Ms. Baum said this was the item that was tabled at the last meeting, but it was not copied exactly over to this agenda. There is a typo. The original agenda item stated that the property is managed by “Four Peaks Capital Partners, LLC”, whereas this item incorrectly just says “Four Peaks, LLC”. Katie McConnell, McConnell Law (in attendance virtually, via GoTo), said she provided staff a timeline last week detailing work that has been done so far and work scheduled to be done. She also sent a few photos of cleanup efforts to Ms. Baum today. (See meeting minutes packet for both timeline and photos) To date, Lostra Brothers has removed nine RVs and travel trailers. One of the problem tenants has been evicted and the two trash trailers on his space have been removed. A remove notice was served for the truck parked in the street. It was not removed by the owner, so it was towed. Sewer repair work on Lot 42 is nearly complete. It is being backfilled today. The sewer work on Lot 34 will be starting soon and hopefully finished this week. PlumbLine is doing the work and they are a little bit ahead of schedule. General cleanup of garbage has started. A roll-off dumpster has been put in place. Demolition of the manufactured homes is scheduled to begin on September 26th and will take about six weeks. The Department of Manufactured Housing served notices to the owners. Two more eviction hearings are scheduled for September 30th. Her clients are serious about continuing the timeline. It will be updated at least every two weeks and provided to the City. September 10, 2024 City Council | Minutes Page 6 of 16  Mayor Keener called Development Manager, Ralph Negron, up and thanked him for the tour of the park earlier this afternoon. Mr. Negron said the cleanup is going pretty well. Spaces 3 and 4 have been cleaned up. There is a dumpster staged near Unit 8. There are two or three people working on the cleanup. He is hopeful that once the RVs and trailers are removed, the squatter situation will be eliminated. Only the trailers are left to be demolished. The sewer issued behind Unit 42 is more extensive than anticipated. The sewer line at Unit 34 is currently being hand dug and snaked. PlumbLine is also fixing a water leak at Unit 52. There is a pond with toolies and cattails. Mayor Keener asked what items are the priorities. Mr. Negron said it would be great if trailer removals were completed by November 10th, like the schedule says. There are also fire hazards, like rubbish, straw and weeds that need to be removed. The biggest issue he has about the timeline is contacting NV Energy. Yesterday he spoke with Dick Cambell, NV Energy Area Service Manager, who said there has been no contact. Exposed wiring and open panels throughout the park are major safety concerns, to not only people in the area, but NV Energy employees when working there. Mayor Keener called for public comments. Malorie Reese, 538 S. 4th Street, said they are moving in a good direction. It is great to see some of the trailers being moved out. She agrees with the flammability issue. Everything has been decaying over the years. She is concerned that the garbage cleanup from the abandoned trailer on Grant Court only just happened today, even though they had two weeks. She asked the council if accountability is planned to be in place after everything is cleaned up so this doesn’t happen again. She also wondered if regulations will be set by the owner for tenants to abide by. There is a tenant across the street from her that has every single inch of his lot covered in garbage. There has been more foot traffic near her house (by Lots 34 & 35) because of the trailer removals on the other side of the park. There is a dirt road that also needs attention. Mayor Keener called for any other public comments without a response. He is delighted to see the owner taking some ownership and finally resolving these long-standing quality of life and safety issues. He wants to see the momentum continue. There's been a lot of progress, but there's still a lot of work to do. There are still vagrancy issues and loitering and getting the abandoned buildings out will help. Council Member Puccinelli asked to see the timeline. Mr. Negron shared his copy of the timeline with the council. B. 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, LLC, and matters related thereto. FOR POSSIBLE ACTION September 10, 2024 City Council | Minutes Page 7 of 16  This item was tabled at the August 27, 2024 City Council Meeting, the City of Elko Development Manager gave a presentation on the code violations and possible public nuisance 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park on August 13, 12024. At this meeting the City Council requested a follow up presentation on the clean-up efforts by the RCE Development managed for Four Peaks Capital Partners, LLC, or their representative. JB Ms. Baum said the council could go forward with the nuisance process or table this item again or take no action and continue to put the timeline update on the agenda every two weeks. Mayor Keener said he liked the last idea a lot. Council Member Morris said he spent a little time at the park this morning. He was pleasantly surprised to see the work being done and agrees they are going in the right direction. Mayor Keener agreed. He wants to see the momentum continue with an equal amount of effort that we're seeing right now. He does not feel inclined at this point to pursue a nuisance as long as we see consistent progress. Removing the abandoned buildings is essential. Council Member Puccinelli asked Mr. Negron if it appears the owner is dragging their feet. Mr. Negron said progress is being made, but momentum is vital. It can’t stop. With two people as the cleanup crew, the area will not be cleaned up quickly. If they get a little bit more help that would be beneficial. Council Member Stone commented that winter is fast approaching, which will make things tough. Mayor Keener added it will be more expensive when the snow flies because it'll take more time to get the same amount of work done. Mr. Negron added it is a big deal to get rid of the trailers prior to snowfall. Council Member Puccinelli liked the timeline update option. Ms. Baum noted she handed out the timeline provided by the owner of the property (see meeting minutes packet under the previous item). Mayor Keener said prior to the next meeting he would like to see a plan for the electrical issues. Ms. McConnell said she will contact Mr. Campbell tomorrow or get in contact with him through Mr. Negron. Mr. Stanton said if the council takes no action, the item will be brought back at the next meeting and the timeline could be tied in. NO ACTION September 10, 2024 City Council | Minutes Page 8 of 16  X. NEW BUSINESS 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 Delaware Avenue as described in the Deed of Dedication Exhibits, and matters related thereto. FOR POSSIBLE ACTION The Delaware Avenue Road currently exists 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 Delaware Avenue. The total acreage donated to the Boy and Girls Club was 5.648 acres and this Deed of Dedication reduces this acreage 23,737 Square Feet, leaving a remainder of 5.103 acres available to convey to the Boys and Girls Club for the Event Center Project. RN Mr. Negron said this is a housekeeping item. The Boys and Girls Club is aware of and okay with the reduction. Cathy Laughlin, City Planner, explained the existing street was not built entirely on the dedicated right-of-way because it would have created an unsafe turn that would have been too sharp to turn into the adjacent BLM parcel. Half of it was built on this parcel. Because the City owned the parcel, it was fine, but now it needs to be dedicated. This dedication is for both the existing road on this parcel and additional turn lanes in anticipation of an event center development. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the Deed of Dedication for Right-of-Way to the City of Elko and Public Utilities, for Delaware Avenue. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE B. Review, consideration, and possible approval of Resolution No. 19-24, a resolution Establishing Special Water Service Tap Charges, and matters related thereto. FOR POSSIBLE ACTION Elko City Code Section 9-1-5(C)(2) provides that charges for service taps will be set from time to time by resolution of the city council. Service taps in the past have been individually negotiated under circumstances in which the City receives valuable consideration sufficient to compensate the City for all costs set forth in Elko City Code Section 9-1-5(C)(2). This resolution will ratify all prior contracts and conveyances pursuant to which the City has installed or agreed to install water service taps in exchange for valuable consideration. DJ Dale Johnson, Utilities Director, said this is a housekeeping item. In the past we have negotiated taps with customers to run water lines across their properties. In return, we give them a water tap. This will September 10, 2024 City Council | Minutes Page 9 of 16  allow us to negotiate compensation and try to negotiate prior taps where we've made arrangements with property owners to give them water just so we can have a water line across their property. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve Resolution No. 19-24. The motion passed unanimously. (5-0) X. NEW BUSINESS (cont.) B. Review, consideration, and possible approval of a Non-Exclusive Utility Easement, Amendment-1 with the State of Nevada, Division of State Lands, and matters related thereto. FOR POSSIBLE ACTION This Non-Exclusive Utility Easement Amendment-1 replaces a prior Non-Exclusive Utility Easement with the State of Nevada, Division of State Lands for an easement over an existing pipeline. Under this amendment, the City of Elko still owes the State of Nevada, Division of State Lands four hot tap connections, 2- 12” X 8” and 2- 24” X 8” from a prior agreement where there was a discount for the Non-Exclusive Utility Easement to offset hot tap costs. Under this new amendment, there is a 50% discount over 5 years to cover any remaining costs when the taps are installed. There will be no further discounts with future agreements for the hot taps that are owed. DJ Mr. Johnson said this is one of those situations where the City made an agreement with the property owner, Nevada State Division of Lands, to run a water line across their property in exchange for a number of taps, of which four remain. The 2018 easement agreement had a reduction in costs where we would pay roughly $900 a year to the owner for five years in a row, to cover the cost of the taps. This amendment will increase the cost to $1900 a year, but we should be able to recoup all of it. Once the taps are installed, the owner will have to pay connection fees through the building department for metered water service. Installation is done as a hot tap where a hole is drilled in a live water line and a valve is installed within a saddle to extend a water line to the property. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve Non-Exclusive Utility Easement Amendment -1 with the State of Nevada, Division of State Lands. The motion passed unanimously. (5-0) C. Review, consideration and possible approval of a revocable license agreement with the Boys and Girls Club of Elko, Inc. for temporary storage of construction materials on City of Elko September 10, 2024 City Council | Minutes Page 10 of 16  property referred to as APN's 001-620-078 and 001-620-079, and matters related thereto. FOR POSSIBLE ACTION The General Contractor for the new Recreation Center has requested the use of a portion of the Herrera Field parking area and parcel to store building materials from October 1, 2024 to March 31, 2025. CL Ms. Laughlin said the letter from Michael Clay Construction included in the agenda packet requests use of two areas of City owned property for materials storage related to the construction of the Boys and Girls Club Recreation Center project, of which they are the contractor. The proposed area on the property at the corner of the fairgrounds is not large enough for the proposed temporary use and the City does not have a lease on the building. The second location is the back parking lot of the Herrera Complex. They want to fence off a small portion of it to store the building, which is a big metal building package. After discussions with the contractor and the Parks & Recreation Director, James Wiley, the City proposed a third location of the Herrera Complex dirt parking lot where we normally store bleachers – closer to Flagview and kitty corner from the Boys and Girls Club. This is a separate parcel from the second location. Mayor Keener called for public comments without a response. He said that it is great that we have some space available to utilize. He is for approving the agreement. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Revocable License agreement between the City of Elko and the Boys and Girls Club of Elko, Inc. for temporary storage of building materials. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE (cont.) A. Review, discussion and possible approval of Resolution No. 18-24, a Resolution authorizing the City of Elko Fire Department to donate a fire truck to the City of Carlin, and matters related thereto. FOR POSSIBLE ACTION The City of Elko Fire Department currently has an inoperable fire truck that needs a new engine. The truck was purchased in November 2007 for $256,567. It has been determined that a new engine replacement would cost more than the remaining estimated value of the asset. City of Carlin has a compatible engine to bring the truck to working order at minimal cost. JD Julie Davis, Financial Services Director, requested the council take no action. While the vehicle is planned for City of Carlin, it is serviced by Elko County Fire District, so the wrong entity is listed. A revised resolution and item will be brought back at the next meeting. September 10, 2024 City Council | Minutes Page 11 of 16  James Johnston, Fire Chief, added the fire truck was purchased in 2007 at a cost of $500,000 as a joint venture between the County and the City. While the fire truck has been down, the County has provided another fire truck so our volunteer fire fighters can continue to respond to calls. It would be beneficial to continue our partnership by providing this fire truck so they can replace the engine and make it operable again. NO ACTION XII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action to deny or accept a petition requesting the lease of City owned property pursuant to NRS 268.062, approximately 2,800 sq. ft., identified as a portion of APN 001-293-001, at public auction, and matters related thereto. FOR POSSIBLE ACTION The parcel requested to be leased has been identified in the land inventory as future right- of-way to be dedicated by the City of Elko. The applicant requesting the lease owns the business adjacent to the parcel and would like to use it for parking. CL Ms. Laughlin said this parcel is on the City’s land inventory as a future turning lane for 12th Street right-of-way, but it is not dedicated right now. The applicant is the new owner of the neighboring property and would like to lease a portion for parking and possibly landscaping and a business sign. Due to the size of the property, this would have to go to public auction. We would have to get an appraisal on the lease area as well. Any parking would have to be on a paved hard surface and meet city code, which we have discussed with the applicant. A portion of the parcel extends into the existing right-of-way, so only the area to the back of the walk would be eligible for leasing. A legal description and a display map of that area would be needed for an appraisal and public auction. She did not provide the council with a recommended motion because of how the parcel is designated on the land inventory. If this parcel is leased, the land inventory would be updated to reflect the change. Mayor Keener said realistically we're probably looking at 10 years minimum before anything happens at that location. Ms. Laughlin added that if we were to dedicate it now as right-of-way, the only way the applicant could occupy it would be through a license agreement. Since it is still a parcel, it can be leased. Mayor Keener asked if the applicant would have to bear the cost of the appraisal. Ms. Laughlin said yes. The applicant would have to bear the cost of the appraisal, but if she is not the successful lessee of the property, she would be reimbursed that cost and then the successful lessee would be responsible for that appraisal cost. Mayor Keener asked what an appraisal for a parcel like this would cost. September 10, 2024 City Council | Minutes Page 12 of 16  Ms. Laughlin said the last several appraisals we have had for the City have ranged from $1,500 to $3,500. There is a local appraiser in Spring Creek who is a general appraiser. He can appraise both commercial and industrial land. He got the last appraisal, but by law, we must send out an RFP to all appraisers on our current list of appraisers. Angeline Portel, 1208 Idaho Street, introduced herself as the applicant. She is a local attorney and owns Ruby Mountain Law. She purchased the neighboring property in January. Mayor Keener asked if the former tenant used this area for parking. Ms. Portel said the previous business was Hope Cripps Photography Studio. Client would pull into the area, but it was not officially leased from the City. There are three parking spaces on her property, at the rear of the building. She is a solo practitioner, but she has a couple of part-time employees and clients who come to the office, so there are occasions when they park here. In the warmer months, the area is dry and level, but in winter, it is muddy. She is interested in putting some pavement down and putting in a few planter boxes, but nothing permanent, that the City couldn't retake to widen the roadway. Mayor Keener called for public comments without a response. He said it sounds like a good idea. It will help the business owner out and it'll provide a little bit of revenue to the City for land that's just sitting there vacant right now. There is no immediate need. He asked if a five-year lease term would work. Ms. Laughlin said a minimum or maximum length of term for the lease could be included in the motion. It should also include language directing staff to go out for the appraisal cost. The term of the lease, the square footage and any exhibits would be provided to the appraiser. Mr. Stanton said we need to be a little bit careful about the specifics of the lease itself because we might want to have the ability to extend it. He said a logical motion would be to, “Begin the process for leasing this parcel of property pursuant to NRS 268.059 et seq.” That would involve the appraisal and all the other steps that we would need to take. ** A motion was made by Council Member Stone, seconded by Council Member Morris to begin the process for leasing this parcel of property pursuant to NRS 268.059 et seq. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener said there is an Elko County Recreation Board meeting this Thursday (September 12th). Both he and Council Member Morris will be absent. He will be out of town starting tomorrow and returning on Tuesday, October 1st. He will also be attending the League of Cities event the following week in Lake Tahoe with Council Member Morris, Ms. Baum, and Mr. Johnson. September 10, 2024 City Council | Minutes Page 13 of 16  Council Member Simons said there was an Arts and Culture Advisory last week (September 4th). It is the first one they have had in a long time because they have been unable to establish a quorum. They have a couple new people on the board. During the meeting they talked extensively about the Sestercentennial commemorative project, which would involve a “Hollywood”-type sign being built on Honda Hill reading, “We the People”. She encouraged anyone who feels very passionately about it to reach out to the board because the new people are not as enthusiastic about completing it as past members. The project is up in the air right now. B. City Manager Ms. Baum did not have anything to report, but she thanked the council for their kind words regarding her performance evaluation. Mayor Keener asked if there had been a meeting with Congressman Mark Amodei’s representative yet regarding the railroad property. Ms. Baum said yes, the same afternoon he met with the Congressman. We let him know where we are in the process. He was in support, but did not give us any direction. We also talked about the lands bill for land in Sections 18 and 22. They are looking at having that ready to present by the end of the year. G. City Attorney No report. E. Public Works No report. H. Fire Chief Chief Johnston said thank you to Western States Propane for providing propane free of charge for our annual ARFF (Aircraft Rescue and Fire Fighting) training that was last week. K. City Planner No report. L. Development Manager No report. D. Utilities Director No report. I. Police Chief September 10, 2024 City Council | Minutes Page 14 of 16  Ty Trouten, Police Chief, said he appreciated the council’s support. He also sits on the National Alliance on Mental Illness (NAMI) board. They will be hosting their annual NAMIWalks event on October 19th to bring the community together in support of individuals with mental illness. Along with attending the walk, there are opportunities to show your support through sponsorship (see meeting minutes packet for event and sponsorship flyer). As law enforcement, mental health is one of the hardest things to address. NAMI is a great partner, offering training for our officers and resources to the community. Regarding public comments at the beginning of the meeting, Chief Trouten would like everyone to know that he is always open to questions or concerns about his or his officers’ conduct or actions. He also challenges those who are willing and able to apply for police job openings. We have consistently had openings for over five years and are currently accepting applications. Council Member Stone enquired about the charter school’s traffic. Chief Trouten said it is going much better. The school is working on getting staff trained for crossing guard duties and getting busses for outlying areas. The Streets department is working on putting in a crosswalk. N. Parks and Recreation Director No report. J. City Clerk No report. M. Financial Services Director Ms. Davis said an audit is scheduled for the week of September 23rd. A team will be on-site for two days and then they will be working virtually. Please give them your cooperation for all departments. F. Airport Manager Jim Foster, Airport Manager, said we got our grant offer from the FAA for the terminal reconstruction project, which has been four years in the making. It is late into the construction season, so we would like to hold off until spring to start it. Enplanement numbers are looking really good. There was a little drop in July, but the August numbers jumped back up. We are still on track to get above 12,000 enplanements this year, which is close to pre-COVID numbers. The new airport restaurant is doing well. They have started serving breakfast. Passengers on the early morning outbound departure flights can now grab some food before getting on the plane. Mayor Keener enquired about the minimum revenue guarantee (MRG) for flight services. September 10, 2024 City Council | Minutes Page 15 of 16  Ms. Baum said the MRG for August was only $29,000, which is a considerable decrease from July, which was around $70,000. The CRJ-550, 50-passenger plane is definitely the correct sized aircraft for our community. C. Assistant City Manager O. Civil Engineer P. Building Official XIV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN Robert Lyn Schultz, 201 Adams, said he was here to speak about an assault with a deadly weapon upon his person. Under NRS 202.491, if you point a weapon at a person in Nevada with the intention of causing fear, you're assaulting that person with a deadly weapon. On July 31, 2024, the whole Elko SWAT team pointed their firearms at him after he left Sierra Jewelry and Loan on Idaho Street with an AK-47. The SWAT team was training next door at the old Wells Fargo bank branch. He was approached by the SWAT team leader who said, “Freeze. Let me see your hands.” After the incident, he made an appointment to speak with the Police Chief and requested everything pertaining to the incident. He received two police reports, even though there were at least 10 officers and an armored vehicle present. None of the SWAT team members were wearing body cameras and the armored vehicle did not have a dash camera. It blows his mind that in 2024 on a public street in downtown Elko there is not one video of the incident. In the SWAT team leader’s report, the officer said Mr. Shultz apologized to the officers for wasting their time and that Mr. Shultz agreed that he had done something dumb, which was a lie. The SWAT team is not following policy by not videotaping public interactions. He would like to see the SWAT team leader demoted for lying in his official police report. Council Member Stone thanked Mr. Schultz for his comments but said we couldn’t deliberate on it. Mayor Keener called for any other public comments without a response. There being no further business, Mayor Reece Keener adjourned the meeting at 5:40 PM. Mayor Reece Keener Annette Robinson, City Clerk September 10, 2024 City Council | Minutes Page 16 of 16