Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS October 22, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, October 22, 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 Scott Wilkinson, Assistant City Manager Dave Stanton, City Attorney Dale Johnson, Utilities Director Jim Kerr, Water Superintendent Jim Foster, Airport Manager James Johnston, Fire Chief Julie Davis, Financial Services Director Candi Quilici, Accounting Manager James Wiley, Parks and Recreation Director Jeff Ford, Building Official Annette Robinson, City Clerk Rachel Randall, Planning Technician Jason Pepper, Police Lieutenant Nichole Stephens, City Clerk Technician II III. PLEDGE OF ALLEGIANCE October 22, 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 Mr. Scott Gavorsky, Elko resident, said on behalf of the Elko County Republican Party (ECRP) and the Hoffman family, thank you for that very kind remembrance of Mr. Hoffman and his passing. It caught a lot of us off guard. He complimented the City for the signage out front clearly showing people where to turn in their votes. The ECRP would like to remind everybody to get out and vote. For anyone who needs it, the ECRP is offering rides to the polling places. More information can be found on its website at elkonvgop.org. Mayor Keener said Mr. Hoffman would say you never know what's going to happen, so vote early. He voted earlier today. Early voting is open this week through Saturday until 2:00 PM, and then the following week, Monday through Friday, from 8:00 AM to 6:00 PM, at the Elko Convention Center. Vote can also be cast on Election Day (Tuesday, November 5th) or by absentee ballot. Mr. Gavorsky added that the ECRP recommends voting No on Questions 1 through 6 and Yes on Question 7. Question 7 would require voter ID. Question 3 is about rank choice voting in open primaries, which is a problematic method the Party strongly opposes. Voter’s sample ballots have information about each question. For those without sample ballots, the Elko County Clerk’s website has a copy. Sample ballots will also be available at polling locations. Mayor Keener said Mr. Hoffman was a good friend and a great community leader. He served as an Elko City Council Member for 16 years. During his tenure he made significant contributions to the city, particularly in modernizing the sewer plant, expanding the landfill, and funding depreciation. He wasn’t afraid to make tough decisions for the city’s benefit. The community is invited to a celebration of life on Sunday, from 2:00 PM to 5:00 PM, at the Elko Convention Center. Council Member Clair Morris said he worked with Mr. Hoffman for a number of years and in a couple different capacities. He was impressed that Mr. Hoffman was always prepared for council meetings. He was a good guy and we're going to miss him. Council Member Chip Stone said Mr. Hoffman was a friend and one of the people behind his decision to run for office. He praised Mr. Hoffman’s integrity, honesty, and consistent presence. He’s going to be missed very much. Council Member Mandy Simons said Mr. Hoffman was the sweetest friend. She wished the best for his family and his wife, Lynne. Council Member Giovanni Puccinelli said he had not worked with Mr. Hoffman much, but from the few conversations they had, he recognized how prepared he always was. He will be missed. October 22, 2024 City Council | Minutes Page 2 of 16  Mayor Keener recalled that Mr. Hoffman was always very serious during meetings, but he was also a joy to be around in his personal life. Mr. Stanton said he first met Mr. Hoffman around 1998 when he was on the Board of Supervisors. He was always passionate about the city of Elko. He was objective, thoughtful, and intelligent. The decisions he made were always with the city’s best interests in mind. He is going to miss him a lot. Mayor Keener mentioned there is a Simon and Garfunkel tribute band community concert later this evening at the Performing Arts Building at the Elko High School starting at 7:00 PM. He then called for any final public comments without a response. V. CONSENT AGENDA A. Approval of Minutes for the October 8, 2024, Regular Session B. Review, consideration and possible action to accept the resignation of Tom Lester from the Arts and Culture Board and approve advertisement for a replacement member in accordance with the Arts and Culture Bylaws and matters related thereto. FOR POSSIBLE ACTION Casey Bennett submitted Mr. Lester’s resignation from the Arts and Culture Board on October 4, 2024. SAW C. Review, consideration, and possible approval of the Parks & Recreation Coordinator position description, and matters related thereto. FOR POSSIBLE ACTION The reclassification and renaming of the Parks & Recreation Coordinator position was agreed during negotiations with International Union of Operating Engineers Local 3. The position description has been updated to accurately reflect the duties and requirements of the position. SS D. Review, consideration, and possible approval of the Water/Sewer Operator IV position description, and matters related thereto. FOR POSSIBLE ACTION The Water/Sewer Operator IV position was agreed during negotiations with International Union of Operating Engineers Local 3. The position description has been updated for the new journey level Operator IV position, to accurately reflect the additional duties and requirements of the position. SS ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the consent agenda as written. The motion passed unanimously. (5-0) VI. PRESENTATION A. Reading of a proclamation by the Mayor in recognition of "Extra Mile Day", and matters related thereto. INFORMATION ITEM ONLY- NON ACTION October 22, 2024 City Council | Minutes Page 3 of 16  Mayor Keener proclaimed November 1, 2024, as “Extra Mile Day”. This day recognizes and celebrates individuals and organizations in the community who go above and beyond in their personal efforts, volunteerism, and service (see meeting minutes packet). VII. PERSONNEL A. Employee Introductions: 1. Danielle Glennon, Animal Shelter Worker I, Animal Shelter 2. Nichole Stephens, City Clerk Technician II, Clerk's Office Mayor Keener acknowledged that a supervisor was unable to introduce the first-listed new employee due to illness. Annette Robinson, City Clerk, introduced Nichole Stephens as the new City Clerk Technician II. She expressed her happiness that the department is now fully staffed and of being relieved of some tasks. Ms. Stephens said she recently moved back to Elko from Texas. She is grateful for this opportunity and comes prepared with previous experience in county clerk roles. Mayor Keener and the other council members welcomed her warmly. 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 Puccinelli, seconded by Council Member Simons to approve the regular warrants in the amount of $1,595,639.77 and the hand-cut checks in the amount of $225,795.95. After the motion and before the vote, Mayor Keener added that the regular warrants amount is so large because it includes about $895,000 for the Slurry Seal project that was recently completed. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of a Professional Services Agreement (PSA) with Black Dolphin Consulting for Design Services for the Southside Water Tank and Booster Station, and matters related thereto. FOR POSSIBLE ACTION Staff is seeking the City Council's approval to enter into a Professional Services Agreement with Black Dolphin Consulting for Design Services for the Southside Water Tank and Booster Station. The proposed tank will replace the existing 500,000-gallon Ruby Vista Tank #1. Constructing a new 2-million-gallon water tank at the Southside Tank location will better serve city residents and increase storage capacity on the Southside of the river. The booster station will provide a redundant source of water from the 5200 pressure zone to the 5400 pressure zone. DJ October 22, 2024 City Council | Minutes Page 4 of 16  Dale Johnson, Utilities Director, requested approval of this PSA. We applied through the Rosen grant to construct this tank, and we would like to have the design complete in the event we are awarded the grant. Relocating this tank to the South side of the river will improve service because currently, there is only one tank south of the river for the 5200 pressure zone. All of our other tank sites within that zone have two to three tanks, which enables us to easily do regular maintenance on them. The existing 500,000-gallon tank (Tank #1) will probably be scrapped. It was taken out of service a couple months ago because the divers we hired to clean it were unable to do so. Having been built in 1950, it is one of the oldest tanks in the city and it has tar-coated walls that are now failing. The existing Southside tank will remain, so overall, there will be two tanks at Ruby Vista, two tanks at 2nd Street, and then with this second tank, two on the South side of the river. Council Member Puccinelli asked if the current Errecart project will connect to the new tank. Mr. Johnson said that is correct. This tank will also increase water capacity fourfold. Mayor Keener asked in the event of a catastrophic failure, what kind of measures are in place to protect neighborhoods downstream? Mr. Johnson explained that the tanks are built to withstand seismic activity. The new tank will be made of pre-stressed concrete, which is more durable and easier to maintain. Mayor Keener also asked about the likelihood of receiving the grant and if there would still be enough budget for this project if we didn’t receive it. Mr. Johnson said we will have to wait and see, but we are on the list. Regardless, the design would proceed and then we’d seek other funding sources for construction. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the Professional Services Agreement (PSA) with Black Dolphin Consulting for Design Services for the Southside Water Tank and Booster Station for $107,375.00. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of a Longitudinal Pipeline Agreement between the City of Elko and Union Pacific Railroad Company, a Delaware corporation, and matters related thereto. FOR POSSIBLE ACTION The Longitudinal Pipeline Agreement between the City of Elko and Union Pacific Railroad Company, will allow the Exit 298 Sewer Force Main to be constructed within Union Pacific Railroad Companies Right of Way. The City must pay a one-time licensing fee of $297,470.00 to operate in the Union Pacific Railroad Right of Way. DJ October 22, 2024 City Council | Minutes Page 5 of 16  Mr. Johnson requested this item be tabled. There's still one component of the agreement that we're still trying to hash out. Mayor Keener asked if there is any way for the pipeline to be in City right-of-way instead of Union Pacific right-of-way for the portion running along the airport right-of-way, on the north side of Idaho Street. Mr. Johnson said we have looked into that. There is an existing sewer line going in the opposite direction on part of that stretch. If there is enough room, we can look into it further, but as we get closer to the airport there might not be as much room. ** A motion was made by Council Member Simons, seconded by Council Member Morris to table this item. The motion passed unanimously. (5-0) IX. UNFINISHED BUSINESS A. Update from the owners, or a representative of, 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park, owned by RCE Development, managed by Four Peaks Capital Partners, LLC on code violations clean-up and matters related thereto. INFORMATION ONLY – NON-ACTION ITEM Katie McConnell, the representative for 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park presented a Clean-up Timeline to the City Council on September 10, 2024. The City Council requested progress reports on the clean-up efforts. Mayor Keener took a moment to apologize for technical issues with one of the overhead projectors. The projector for the back of the room is still working. Amber Konakis, McConnell Law, was in attendance on behalf of Ms. McConnell, who apologized for not being able to make it to today’s meeting. She handed out an updated timeline and some progress photos (see meeting minutes packet). Since the last meeting, there has been some general clean-up, particularly on the lot with the eviction where there had been a number of tires and a ton of garbage. There are a few items they were hoping to have accomplished by now, but due to scheduling conflicts with third parties they have been delayed. Mayor Keener asked where things are at with NV Energy. It is his understanding that they're not going to touch anything until an electrical contractor signs off. Has work done by an electrical contractor commenced? Ms. Konakis said she did not believe so. Ms. McConnell has been in contact with NV Energy and is aware of their requirements. The property owners are focusing on cleaning up existing conditions rather than working on any new development that would necessitate scheduling with NV Energy. She October 22, 2024 City Council | Minutes Page 6 of 16  will pass along the question to Ms. McConnell and find out if there is a specific date when some of that work will be initiated. Council Member Puccinelli expressed concern over the delay in the demolition, which was initially scheduled to start at the end of September. Ms. Konakis said their clients told them that they were waiting on permitting from the City. They are ready to go as soon as they get permits. Mr. Scott Wilkinson, Assistant City Manager, said we should follow up because demolition permits from the City are pretty easy to obtain. If their clients come in and ask for demolition permits, we would have those over the counter. Mayor Keener said it is unfortunate that Ms. McConnell wasn't able to be here. He would appreciate it if she could be here at future meetings. He then asked for public comments. Malorie Reese, Elko resident on S. 4th Street, raised concerns about remaining debris, fire hazards, unremoved trailers, and other issues. She provided recent photos showing the current state of the property (see meeting minutes packet). The two sheds discussed at the meeting before last are still there and can very easily become domiciles for vagrants. The building that used to be a manager building and a laundry mat has broken windows and people have been in and out of it. More clean-up is needed. For example, there are six refrigerators just sitting out. At one point in time, one of them was hot wired into one of the electrical boxes. The cord has since been unplugged and coiled up. Jan Baum, City Manager, said she drove by the property today. She was relieved to see the lot where they evicted a person had been cleaned up. There have been some steps forward from the last time she visited, about two weeks ago. She confirmed that none of the mobile homes had been removed. Council Member Simons said it was okay to have bumps in the road so long as they were making some progress. Mayor Keener said there are three weeks between now and our next meeting, but acknowledges that winter is closing in. The council expects to see some significant progress by then. He asked for Ms. McConnell to follow up with Ms. Baum regarding the council’s questions and for that information to be forwarded to the council members. Regarding the demolition, Ms. Konakis said they were trying to use Lostra because they had used them in the past and been very pleased, but there have been scheduling conflicts. Lostra hasn't been able to provide a date for when they can come out so the property owner has started to reach out to other tow companies in hopes of taking care of this as soon as possible. This change is noted in the updated timeline provided. Mayor Keener said he would reach out to Lostra himself to check on that. At this time, Council Member Stone left the chambers; 4:37 PM. October 22, 2024 City Council | Minutes Page 7 of 16  X. NEW BUSINESS A. Review, consideration, and possible authorization for Staff to submit a Risk Mitigation Grant application, through the POOL/PACT Loss Control Committee, and matters related thereto. FOR POSSIBLE ACTION POOL/PACT offers members annual grant opportunities for risk management programs, projects, and acquisitions that would reduce, mitigate, and/or eliminate risk to members, their employees, and the public it serves. Management would like to submit a grant application for the cost of a flood vulnerability assessment to develop a project list for flood damage reduction alternatives. This study will provide the City with potential evidence-based solutions to reduce future flood damage. The estimated cost of this assessment is $103,820.36. If awarded, this POOL/PACT grant would fund 75% of the cost of the project and the City match portion is 25%. In FY25, an expenditure for this project has been budgeted in the Ad Valorem Fund in the amount of $100,000. If awarded, the City must review at least one section of the POOL/PACT's Enterprise Risk Management Excellence Program (ERMEP) within 30 days of approval. The ERMEP program is a department-by-department assessment used to ensure that members are aware of and using compliant, best-practice risk management policies, and procedures. JD Julie Davis, Financial Services Director, said as members of the POOL/PACT insurance we are eligible for annual grants. This grant is large enough to necessitate it going before their risk mitigation committee for approval, which meets quarterly. Council Member Puccinelli asked if the assessment was one part and the ERMEP another. Ms. Davis said that was correct. We would purchase the assessment using the grant funds and as a requirement of the award of the grant, we would have to complete a section of the ERMEP. Council Member Morris asked if we have ever done one of these assessments in the past. Mr. Wilkinson said the very first year after the City completed Project Lifesaver there was water in the streets on the South side. The Corps of Engineers was brought in and they did a reconnaissance study. They said to move forward with a complete assessment of the area federal legislation would be needed, which the City would have to participate in. The City Council at that time decided they didn't want to pursue that. We made some minor improvements in the area and developed the HARP Trail instead. This assessment would take another look at that area and identify any potential projects that might be of benefit. Ms. Baum said the assessment would benefit the City by identifying where holes are on a big picture scale. The ERMEP will help as well. The Finance Department did one this summer. Ms. Davis added that the ERMEP was beneficial, but not too invasive in its recommendations. October 22, 2024 City Council | Minutes Page 8 of 16  James Johnston, Fire Chief, said this is the first step to having an engineered project that is shelf ready. The assessment will identify vulnerabilities along the riverfront which we can then focus our attention on for funding and grants. Ms. Baum added that the federal government is more in favor of these types of assessments and mitigation efforts rather than coming in afterwards with a FEMA payout. Mayor Keener said he was in support and then called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to authorize Staff to submit a grant funding request for a flood mitigation project assessment, through the POOL/PACT Loss Control Committee. The motion passed unanimously. (4-0) Mayor Keener added this will be a worthy project. He thinks there are people in the South side area that sometimes feel left out and that the City's not doing anything for them, but this is another example of our efforts in the area. We heard earlier about the cleanup at the park. There's also a water project that will be of tremendous benefit. XI. RESOLUTION AND ORDINANCE A. Review, consideration and possible adoption of Resolution No. 20-24, a resolution finding it is in the best interest of the City of Elko to sell City owned real property to an adjacent property owner without offering the property for sale to the public, and matters related thereto. FOR POSSIBLE ACTION At the June 11, 2024 meeting, City Council approved the sale of a portion of APN 001-610- 074, approximately 2,596 sq. ft. of land adjacent to APN 001-984-010 based on NRS 268.061. Adoption of this resolution finds that it is in the best interest of the City of Elko to sell City owned real property as a remnant without offering the property for sale to the public. CL Mr. Wilkinson said he was available for questions. Legal has been involved in the process. Staff recommends the resolution be adopted. Mayor Keener said it would be good for both parties. He asked if the property owner would have to bear the cost of the appraisal and how much it was. Mr. Wilkinson said yes and that it cost $1,500. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to adopt Resolution No. 20-24. The motion passed unanimously. (4-0) October 22, 2024 City Council | Minutes Page 9 of 16  X. NEW BUSINESS (cont.) B. Review, consideration, and possible approval of a deed associated with a boundary line adjustment and sale of city owned real property to Jared C. and Richelle Rader, and matters related thereto. FOR POSSIBLE ACTION City Council initiated the sale of a portion of APN 001-610-074 at their meeting June 11, 2024. If Resolution No. 20-24 is approved, this deed will be used to complete the sale of property along with the recording of the Boundary Line Adjustment Record of Survey. CL Mr. Wilkinson said he could answer any questions. There is a legal description in the agenda packet and legal has been involved in putting this agenda item together. Mayor Keener asked if there were any questions without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the deed associated with the Boundary Line Adjustment selling a portion of APN 001- 610-074 to Jared C. and Richelle Rader. The motion passed unanimously. (4-0) C. Review, consideration and possible approval for The Elko Regional Airport to apply for State of Nevada, Fund for Aviation Matching Grant Program and matters related thereto. FOR POSIBLE ACTION. The State of Nevada, NDOT Aviation program has funding available for airports to apply for matching grant assistance. EKO has not utilized the program for past AIP projects due to not being included in the airports designated to apply for the assistance. The Nevada Aviation Technical Advisory Committee approved the acceptance of EKO into the program in 2023. Airport Matching Grants Program: The Fund for Aviation was reestablished by the 2023 legislature through AB58 at $1,000,000 per year. The procedures for obtaining matching funds for airport matching grants are in accordance with NRS 494.048 and these funds must be used exclusively on federal projects at public-use airports within the state for the enlargement, improvement or maintenance of rural airports, landing areas or air navigation facilities. At 4:51 PM and during the reading of this item, Council Member Stone returned to the chambers. Jim Foster, Airport Manager, said this program has been around for a while. It was partially funded by an aviation related license plate program through the DMV but has lacked funding up until recent efforts. Our airport was not previously included, but through legislative efforts, that has recently changed. The NATAC Committee also approved for us to be a part of this program. One million dollars October 22, 2024 City Council | Minutes Page 10 of 16  has been allocated for 2023/2024. This is our first opportunity to apply, and it will help us offset our local match for the ramp project, which is about $303,000. Mayor Keener asked if there were any questions or concerns without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to authorize staff to apply for the State of Nevada, Fund for Aviation Matching Grant Program. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener said the Nevada League of Cities Annual Conference in Lake Tahoe was a good experience. He was able to renew some acquaintances and was exposed to topics that aren’t discussed every day, like rural housing needs and cybersecurity. Council Member Stone said there was an Elko Convention & Visitors Authority meeting today. The upcoming Christmas Tree Festival proceeds will be distributed to five organizations that have never received money from this event in the past. There was a community concert at the Convention Center last weekend that he heard was well attended. B. City Manager Ms. Baum announced the City offices will be closed this Friday, October 25th, in observance of Nevada Day. Mayor Keener said it has been asked of us to provide a letter of support regarding the Ruby Mountains Ski Resort which will probably need to put on a future agenda. Ms. Baum said she hadn’t received that request. C. Assistant City Manager Mr. Wilkinson said the project on14th Street is progressing. He hopes to get the 12th Street bridge repair and Water Street projects out to bid this winter so they can both be constructed in the springtime. There has been a little miscommunication between our consultant and Union Pacific regarding the 12th Street bridge repair project, but it may be resolved by the end of this week. We have 60% plans for road design on Jennings Way and Rocky Road, which will be a capital project for pavement up to the VA cemetery. We have 30% plans for the Hot Springs Road repair. It is another project with Union Pacific involvement. It will take a couple more months for it to be ready to go out to bid. October 22, 2024 City Council | Minutes Page 11 of 16  At the Sports Complex, concrete forms are nearing completion. Q&D expects to pour concrete either this Thursday or the following Monday. G. City Attorney No report. M. Financial Services Director Neither Candi Quilici, Accounting Manager, nor Ms. Davis had a report. Mayor Keener enquired about the Unclaimed Property payables. Ms. Davis said out of the $36,000 we sent to the state, $34,715 was from a payment for safekeeping money from the Police Department. The individual was notified, and they signed for a certified letter, which tells us that they know the Police Department didn't cash their check. They never came to get it, so we had to send it to Unclaimed Property. J. City Clerk Ms. Robinson informed the council that a special meeting is needed to canvas election results, as the County Clerk can’t provide the information by the November 12th council meeting. She proposed meeting on either November 14th or 15th in the early morning. The council members agreed on Thursday, November 14th at 9:00 AM. Ms. Robinson confirmed she would send out a reminder and agenda. Mayor Keener asked about the detailed minutes for the two public hearings heard at the last meeting. Ms. Robinson explained that they were transcribed verbatim. F. Airport Manager Mr. Foster said he’s hired a new person, who he will introduce at the next meeting. The airport is now currently fully staffed, which he is grateful for with the approach of winter. This is only the second time since COVID that the airport has been fully staffed. On Friday there was an initial meeting by a group of individuals planning on bringing back Sky Fair, which is a static air show. They are looking at the event being Saturday, September 13th, 2025, between the Balloon Festival and the Car Show. He is also looking into bringing back the Airport Advisory Board. Council Member Simons will be leaving and there are some people interested in serving on that board. N. Parks and Recreation Director James Wiley, Parks and Recreation Director, said the Parks Department is in shutdown mode. They are winterizing irrigation systems and closing restrooms. They will put out blue rooms for the public to use during the winter. They will soon shift gears to prepping the SnoBowl for the ski season. October 22, 2024 City Council | Minutes Page 12 of 16  P. Building Official Jeff Ford, Building Official, gave an update on permitting for commercial developments. He said there is a 3-building industrial complex being permitted for a parcel on Walters Court, between the Police Department and the Sandvik project. The Boys and Girls Club Rec Center building permit is nearing issuance. There are a few valves and water lines that need to be addressed. In the meantime, the project is progressing under a footing foundation permit. The Peterson car wash permit is ready to be picked up. The Crest Heights apartment project behind the Family Dollar on Mountain City Highway has their first building in for review. Mayor Keener noted that as of the September 30th report, 55 single-family residentials have been permitted this year. At the same time last year there were around 43. Mr. Ford said single-family residential permits have been trending up slightly this year. Mayor Keener enquired about the VA cemetery project. Mr. Ford said the building has been permitted and construction is underway. They have a small scope of exterior site work, but it is underway as well. Mayor Keener asked if the Walters Court development would be steel buildings. Mr. Ford said yes – three, 6,000 square foot steel buildings. The project was just submitted. His department hasn’t seen any tenant improvements yet, just the shells of the buildings. Council Member Puccinelli added that it looked like a retail development. D. Utilities Director Neither Jim Kerr, Water Superintendent, nor Mr. Johnson had a report. Mayor Keener said he would be reaching out to Mr. Johnson soon to coordinate a field trip to visit some of the construction projects. H. Fire Chief No report. I. Police Chief No report. E. Public Works K. City Planner October 22, 2024 City Council | Minutes Page 13 of 16  L. Development Manager O. Civil Engineer BREAK XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing and possible adoption of Ordinance 893, an Ordinance AUTHORIZING THE ISSUANCE BY CITY OF ELKO, NEVADA OF ITS WATER REVENUE BONDS, SERIES 2024A IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $12,650,000 AND SERIES 2024B IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $1,500,000 FOR THE PURPOSE OF FINANCING WATER PROJECTS; PROVIDING THE FORM, TERMS AND CONDITIONS THEREOF AND COVENANTS RELATING TO THE PAYMENT OF THE BONDS; AND PROVIDING THE EFFECTIVE DATE HEREOF and matters related thereto. FOR POSSIBLE ACTION At the June 11, 2024 City Council meeting, the city council approved Resolution 11-24, a Resolution declaring the intent to issue water bonds in the maximum principal amount of $14,000,000. The Nevada State Board for Financing Water Projects met on August 21, 2024 and approved the City of Elko Drinking Water State Revolving Fund (DWSRF) water meter project. The project was approved with a loan in the amount of $12,650,000 at 1% interest for 20 years and $1,500,000 additional funding with principal forgiveness for a total amount of $14,150,000. The next step in the process is for the City of Elko to issue water revenue bonds. The City Council held and approved the first reading of Ordinance 893 on September 24, 2024. The Ordinance was published and properly advertised per the NRS requirements. JB Ms. Baum reiterated that this is the second reading and the public hearing for the ordinance for the bonding for the meter project. Mayor Keener said a lot of work has gone into getting to this point. This is the final portion before going out to bid and commencing construction. Elko is one of the very last communities in the state not on meters. The NDEP was extremely eager for us to get on meters. One of the things they did to entice us in this direction was that we could borrow this kind of money at 1% interest. He is on board approving it. It will be great for water conservation and noted that Nevada is the most arid state in the lower 48. It will help grow our population by cutting down on per capita water consumption. It will also be equitable because everybody will pay for what they use. He then asked for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to adopt Ordinance 893, an Ordinance AUTHORIZING THE ISSUANCE BY CITY OF ELKO, NEVADA OF ITS WATER REVENUE BONDS, SERIES 2024A IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $12,650,000 AND SERIES 2024B IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $1,500,000 FOR THE PURPOSE OF October 22, 2024 City Council | Minutes Page 14 of 16  FINANCING WATER PROJECTS; PROVIDING THE FORM, TERMS AND CONDITIONS THEREOF AND COVENANTS RELATING TO THE PAYMENT OF THE BONDS; AND PROVIDING THE EFFECTIVE DATE HEREOF. The motion passed unanimously. (5-0) B. Review, discussion, and possible action to revoke or suspend with or without conditions the work permit of Jiawen Gao and matters related thereto. FOR POSSIBLE ACTION On September 10, 2024, Elko police officers observed a 7-month old child on the premises of Sue’s Fantasy Club, a licensed brothel located at 175 South 3rd Street. A bartender and maintenance worker at the brothel are believed to be the mother and father, respectively. Jiawen Gao is the father and currently holds a work permit entitling him to work as a maintenance worker at Sue’s Fantasy Club. Further investigation revealed the presence of a stroller and other items associated with the child in back rooms at the brothel. Elko City Code Section 4-9-15(A) provides as follows: A. Minors: 1. It is unlawful for any person under the age of twenty one (21) years, except as otherwise specified in this chapter, to enter a house of prostitution or be a patron of any brothel. 2. It is unlawful for any licensee, or for any sex worker or employee of such licensee, to compel, entice, encourage, permit or suffer any person under the age of twenty one (21) years, to enter a house of prostitution or be a patron of any brothel. Elko City Code Section 4-9-13(A) further provides: A. Permit Required: It is unlawful for any person to work as a sex worker, bartender or manager at a brothel, or for any employee, independent contractor or agent of the brothel, to reside on the premises of a licensed house of prostitution, unless such person is the holder of a valid current work permit issued by the police in accordance with this chapter. Pursuant to Elko City Code Section 4-9-16(B), the City Council must conduct a hearing prior to making a decision to revoke the work permit. On October 15, 2024, Jiawen Gao, by and through his counsel, Richard G. Barrows, stipulated with Deputy City Attorney Michael Q. Hanley to the facts that were presented during the public hearing on October 8, 2024 for revocation or suspension of the brothel license held by Sue’s Fantasy Club. Both parties also stipulated to recommend a suspension of Jiawen Gao’s work permit for a period of three (3) months retroactively commencing on October 9, 2024 followed by a one-year probationary period, during which Jiawen Gao cannot violate the City’s Brothel Code again. Jiawen Gao also waived notice of this hearing in the signed stipulation which is attached hereto. Michael Hanley, City Attorney's office, said both parties have reached an agreement to make a joint recommendation that Mr. Gao’s work permit be suspended for a period of three months followed by a October 22, 2024 City Council | Minutes Page 15 of 16  yearlong probationary period during which Mr. Gao cannot violate the brothel code again, which was the same order given to the other work permit holder, Ms. Kong. They have stipulated to the same facts that came out during the hearing on October 8th. Mr. Barrows waived being in attendance tonight as well as waived the notice of hearing required under NRS 241.033. The Open Meeting Law Manual for the Attorney General of Nevada allows this. Dave Stanton, Legal Counsel, recommended the motion be something to the effect of approving the order for work permit suspension and probation included in the packet and directing the Mayor to sign on behalf of the City. Mayor Keener asked if there were any questions or objections from the council without a response. He also called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the order for work permit suspension and probation included in the packet and direct the Mayor to sign on behalf of the City. The motion passed unanimously. (5-0) Ms. Baum said she drove by the establishment and observed a CLOSED sign on the door. Council Member Puccinelli said when he drove by last week, the same sign was there as well. XIV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. There being no further business, Mayor Reece Keener adjourned the meeting at 5:48 PM. Mayor Reece Keener Annette Robinson, City Clerk October 22, 2024 City Council | Minutes Page 16 of 16