Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS November 12, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, November 12, 2024. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener at 4:00 PM. 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 Foster, Airport Manager James Johnston, Fire Chief Cathy Laughlin, City Planner Ralph Negron, Development Manager Julie Davis, Financial Services Director Candi Quilici, Accounting Manager James Wiley, Parks and Recreation Director Annette Robinson, City Clerk Nichole Stephens, City Clerk Technician II Rachel Randall, Planning Technician Jason Pepper, Police Lieutenant Rick Moore, Police Lieutenant Andrew Storla, Water Assistant Superintendent Alyssa Magnum, Animal Shelter Manager III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC November 12, 2024 City Council | Minutes Page 1 of 22  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 Lynne Hoffman, Elko resident, said it's been a month today since she lost her husband, Lee. She thanked everyone for their support and love during this time, and for putting up with them over the years. Mr. Hoffman was on the City Council for 16 years. His celebration of life really showed her the respect and love the community, state and country had for him. She continued by congratulating Council Member Clair Morris and incoming Council Member Marissa Lostra for their election wins, as well as Council Member Mandy Simons for her retirement from the council after 12 years. She is also pleased with election results throughout the country, of which the hard work of Mr. Hoffman and other people made possible. She will continue to attend council meetings. Mayor Keener said he is happy to know she will continue attending meetings. Mr. Hoffman will not be forgotten. He will remain in our hearts. He then called for any final public comments without a response. V. CONSENT AGENDA A. Approval of Minutes for the October 22, 2024, Regular Session B. Consideration and possible action to cancel the December 24, 2024 Elko City Council Meeting, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to accept the consent agenda as written. The motion passed unanimously. (5-0) VI. PRESENTATION A. Presentation of a Retirement Plaque by the Mayor in recognition and appreciation to Shelby Womack, Elko Police Department Records Supervisor and matters related thereto. INFORMATION ONLY - NON-ACTION ITEM Mayor Keener invited Ms. Womack up, along with Lieutenants Jason Pepper and Rick Moore, as well as Ashley Carter who is succeeding Ms. Womack as Police Records Supervisor. Ms. Womack is retiring after 28 years. He presented her with a plaque reading, “In Appreciation of Shelby Womack: For your dedicated service as the heart and hub of the Elko Police Department. October 1, 1996 – November 8, 2024. With heartfelt gratitude from your colleagues and friends at the City of Elko.” He said she is leaving a huge hole and will be missed. Thank you for keeping everyone on the right track. Congratulations. November 12, 2024 City Council | Minutes Page 2 of 22 Ms. Womack thanked Mayor Keener and the rest of the council. Her successor, Ms. Carter, will do an amazing job. She had the pleasure of knowing and working with some of the best people she has ever met. She couldn’t have accomplished everything she did without their support, particularly the staff in the records unit. They were what made the years she gave to the department and the City worth it. She is leaving knowing she made a difference. Lieutenant Pepper said he appreciated working with her all these years, and for everything she did for him. Lieutenant Moore added that she had been the glue that literally held the department together. Council Member Morris said he’d like to take credit for hiring her but couldn’t. He was there through her formative years, however. When he was chief, he thought he was the brains of the operation for a while, but soon found out that it was in fact the front office. When it was running smoothly, the department was running smoothly. Jan Baum, City Manager, thanked Ms. Womack for always taking the time to explain things to her over the last few years. She was really appreciated. Thank you. B. Presentation and information from Robert Howard on the Giving Machine and matters related thereto. INFORMATION ONLY - NON-ACTION ITEM Robert Howard, 3427 Jennings Way, said the Giving Machine is a new way for people to donate to local charities. There will be three vending machines placed outside Raley's between December 13th through January 1st. Donations can be made to five local charities, Horizon Hospice, Communities and Schools, Elko Senior Citizen Center, Head Start of Northeast Nevada, and Great Basin College. There will also be an international donation option for people wishing to donate things like a goat to someone in South Africa. The machine takes credit cards and will print out a receipt that can be used for tax purposes. The Giving Machine has been made possible with a grant through Light the World, which gives the Giving Machine Committee the ability to pay the credit card fees, which means 100% of each donation goes to the charities. It is a really neat way for this community to give to our local 501(c)s. Council Member Simons asked if it was limited to the five non-profits or if there would be other local options, like basketballs for schools. Mr. Howard said at the bottom there will be an option where donations ranging from $5 to $200 can be made, but he wasn’t sure what types of things will be included. There is also an opportunity for benefactors to plan a “777 Drop” event where a group, like the City Council, could come sing a Christmas carol and the have the machine drop one of each card, which would amount to about a $2,200 donation. Council Member Chip Stone said there will be a grand opening on December 13th. November 12, 2024 City Council | Minutes Page 3 of 22 Mr. Howard added the Mayor and the Choraliers will be there. The Giving Machine Committee is hoping to get others to come and perform to draw attention to the machines as this is their first year in Elko. He will leave some flyers at the back of the room (see meeting minutes packet). Please help spread the word. Mayor Keener asked if a donation could be made in lieu of buying a friend or a family member a gift for Christmas. Mr. Howard said yes. When a donation is made, a card drops down that shows what the donation is, which can be sent to anyone as a Christmas gift. C. Presentation of appreciation by the Elko City Council recognizing the Golf Course Staff for their dedication, efforts and exceptional work to the upkeep and maintenance at Ruby View Golf Course and matters related thereto. NON-ACTION ITEM, INFORMATION ONLY Mayor Keener invited James Wiley, Parks and Recreation Director; Austin Bochman, Golf Course Superintendent; Greg Thomason, Lead Golf Maintenance Technician; and Jacob Lister, Golf Maintenance Technician, to the podium to recognize them for their outstanding accomplishments over the last two seasons. He said the golf course had been a real sore thumb for quite a while after putting in the new irrigation system, to the point where any time it was brought up there were complaints. He was so pleased to hear from golfers during this last golf season that the course is looking great and that staff is doing a terrific job. That's not something that just happens. It takes a lot of focus, planning, consistency and effective execution to make it happen. Mr. Bochman said he has an amazing crew. He leans on Mr. Thomason a lot as his lead technician, with his many years of experience at the course. He said throughout his 30+ years in Northern Nevada he has always looked at Ruby View Golf Course as one of the nicest municipal courses in the state. To be here today to be thanked and recognized for their efforts is an honor. He has a lot of ambitions and goals, but without his crew and the backing of the Council those ambitions would run out real quick. He can’t thank his crew enough. Mr. Wiley said the gratitude to the golf course staff is well deserved. He remembers some of those not so savory years, but there has been real determination by the staff the last two seasons to turn things around. He kind of just got out of their way and let them do it, and they did a marvelous job. Council Member Giovanni Puccinelli said this wasn’t just something they did over a month. It has been a process. When the course came out of this last winter, it was in better shape than he had seen it in years. Their process is working, and he commends them. Council Member Morris said it is amazing how they turned the course around. Back in the day, Ruby View Golf Course was rated one of the top municipal courses in the country, not just Nevada, and they have brought it back. Sometimes he plays golf with Mr. Thomason, and even when he is off duty he is picking weeds, picking branches and raking traps. Thank you for your dedication. November 12, 2024 City Council | Minutes Page 4 of 22 Mayor Keener added that the crew saves the Elko City taxpayers a tremendous amount of money by performing a lot of technical repairs in-house for routine maintenance, like fixing the cutting apparatus. Keep up the good work and thank you for everything. VII. PERSONNEL A. Employee Introductions: 1. Summer O'Neal - Operator in Training, Water/Sewer Department 2. Mitchell Quintana - Operations/Maintenance Officer, Airport 3. Danielle Glennon - Animal Shelter Worker I, Animal Shelter 4. Ramon Dionisio - Code Enforcement Officer, Community Development 5. Tiffany Eklund - Administrative Assistant, Assistant City Manager Andrew Storla, Water Assistant Superintendent, introduced Summer O’Neal as the Water and Sewer Department’s newest Operator in Training. Ms. O’Neal said she is really enjoying the position and is learning something new every day. Before this job she bartended and worked at the mines. Alyssa Mangum, Animal Shelter Manager, introduced Danielle Glennon. She is not new to the City environment because her husband works for the Landfill, but we are adding her to the animal shelter family as the newest staff member. Ms. Glennon said she has been here 14 years. Staff has made her feel really welcome, and she is really enjoying her job. She looks forward to many, many years working at the animal shelter. Council Member Puccinelli said he knows Ms. Glennon from working with her at Western Nevada Supply. She is a great employee. Mr. Negron introduced Ramon Dionisio as the new Code Enforcement Officer. He comes from Southern California and has a lot of experience in the field. We are really happy to have him on board. Mr. Dionisio said he has about four and a half years of code enforcement experience. He and his family moved here to get a better life. So far, they are loving the community. He appreciates the opportunity. Ms. Baum introduced Tiffany Eklund as the new Administrative Assistant for the Assistant City Manager and for the Development building. We are fortunate to have her join our team because of here experience with contracts and legal. Ms. Eklund said she has lived here most of her life, growing up in Spring Creek and then moving to Elko to raise her family. She knows many of the council members professionally from her previous job. She is excited to be here and be part of the team. Mayor Keener and the other council members welcomed everyone warmly. The new Airport Operations/Maintenance Officer will be introduced at the next meeting. VIII. APPROPRIATION November 12, 2024 City Council | Minutes Page 5 of 22  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 Morris to approve the regular warrants in the amount of $2,534,449.15 and the hand-cut checks in the amount of $453,686.07. The motion passed unanimously. (5-0) B. Review, consideration, and possible direction to Staff to award the Water Modernization Advanced Meter Infrastructure (AMI) and Water Meters and matters related thereto. FOR POSSIBLE ACTION On April 12, 2024 City Council directed staff to solicit RFQ’s for the Water System Modernization Project. Staff received RFQ’s from eight vendors (Amcobi, Baseform, Hydrospecialities, Metron, Core and Main, Ferguson, Muller, and Western Nevada Supply) for the AMI System, meters, leak detection, and water quality monitoring. Staff and The Shpigler Group selected four vendors (Core and Main, Ferguson, Muller, and Western Nevada Supply) to provide product demonstrations and interviews. Staff and The Shpigler Group recommend awarding a Sensus AMI System and Sensus Meters to Western Nevada Supply. A vendor has not been selected for the leak detection and water quality monitoring yet as we have requested additional information from the vendors on their products. DJ Dale Johnson, Utilities Director, said staff, the Shpigler Group, and Council Member Morris interviewed each vendor and vetted them. Western Nevada Supply is the vendor of choice for the meters and the AMI system. Council Member Morris said he learned a lot about these water systems and the technology available nowadays. It is going to be a good asset for the City, and it is necessary. Western Nevada Supply is a good vendor that is here locally, and it's one of the reasons he chose it. Mayor Keener said it was a big process to go through all of that. He then called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to award the Water Modernization Project AMI and Meters to Western Nevada Supply. Council Member Puccinelli abstained from the vote because he works for Western Nevada Supply. He disclosed that he will not benefit financially from the contract as he is neither an owner nor is he paid commission. The motion passed. (4-0) November 12, 2024 City Council | Minutes Page 6 of 22 IX. UNFINISHED BUSINESS A. Review, consideration, and possible ratification 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 Mr. Johnson said this is being brought back from the last meeting because the contract was not ready. Staff is asking for ratification now that it has been executed. Once we pay the fee, the contractor can get underway on the project. Mayor Keener asked if flaggers would be required. Mr. Johnson said it is still up in the air. Once we give the contractor the notice to proceed, we have 10 days to notify the railroad. Then they will make a determination if flaggers are needed. The project is quite a ways away from the tracks and we don’t cross the tracks anywhere along that stretch, so he is hoping we won’t. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to ratify the Fully Executed Longitudinal Pipeline Agreement between the City of Elko and Union Pacific Railroad Company, a Delaware corporation. The motion passed unanimously. (5-0) B. 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. Ms. Baum said she and Ralph Negron, Development Manager, met with the property owner’s representative, Katie McConnell, McConnell Law, last week. At that time, Ms. McConnell reported their contractor had received 13 permits for demolition of trailers. An updated timeline was provided by Ms. McConnell, but sent too late to get into the agenda packet. A paper copy has been handed out (see meeting minutes packet). Ms. McConnell is attending the meeting virtually. Due to technical difficulties she was unable to provide any further updates. November 12, 2024 City Council | Minutes Page 7 of 22 Mr. Negron said work at the property is in a bit of a holding pattern. Ms. McConnell is working closely with Tino Ayala with PlumbLine to start demolition, starting on November 26th. Overall, the park is getting better, but there are still some tires and a refrigerator. Council Member Simons was able to reach Ms. McConnell via text message. Because of the technical issues Council Member Simons suggested we excuse her until the next meeting, which she will be able to attend in person. Ms. Baum said there was a park map in the agenda packet. All the lots highlighted in orange are where there are trailers, burnt trailers or modulars that are scheduled for removal, 13 total. Mayor Keener asked if any electricians have been retained for the electric work. He also noted that the updated timeline said DME Electric had been contacted. Ms. Baum said she didn’t believe an electrician had been retained as this was not mentioned by Ms. McConnell when they met last week. Council Member Simons said Ms. McConnell texted the cars and tires will be done within two weeks. Council Member Puccinelli also noted that the updated timeline said demolition will be cut down to three weeks versus six. Ms. Baum added there is a note saying a new towing company will remove the remaining vehicles on the lot by November 25th. Mayor Keener said he was hopeful there will be some good progress reported at the following council meeting on November 26th. He then called for public comments. Malorie Reese, Elko resident on S. 4th Street, provided photos of the current state of the park (see meeting minutes packet). She said progress is being made, but it is frustrating to see such leniency being given time and again. It feels like there is a lot of foot-dragging and a lot of excuses. There continues to be a copious number of people coming and going from the abandoned trailers. The property looks like a landfill, for example there are over 45 tires mounted in a pile; and that is not the only one. There are at least five refrigerators. New garbage continues to accumulate. She understands that it takes time to remove the trailers, but there should be more progress on the garbage. In the last three weeks since the last meeting, absolutely nothing has been done. In the last three weeks she has called Lostra Brothers Towing and Four Seasons. She learned that Lostra was out of business as of October 1st. She also reached out to three contractors who could remove the trailers and was easily able to get information. She doesn’t know the reason for all the delays and worries their next excuse will be due to winter conditions. Mayor Keener said he too was looking forward to getting an update from the representative. It is disappointing that they are not able to participate and answer some of these questions. November 12, 2024 City Council | Minutes Page 8 of 22 Ms. Reese added that three of the trailers have been broken into and they have squatters inside of them, again. She asked for a copy of the updated timeline, which was provided. She worried about the changes on the timeline that didn’t seem to get much attention, like the one timeline that specifically mentioned Lostra even though they were going out of business. She was able to speak with Tino Ayala with PlumbLine so she knew about the demolition permitting. Council Member Simons said Ms. McConnell texted that Lostra was only ever going to do the cars. PlumbLine will be doing the demolition. Ms. Reese said the owner, Mike Ayala will be in town on November 26th. Hopefully we can have an old-fashioned family round table then. Mayor Keener suggested the doors and windows of the abandoned trailers be boarded up with plywood. Council Member Puccinelli said if someone wants to get in they will figure a way in. Ms. Reese agreed, said at one of the trailers they just punched a hole in the floor and came through the bottom of the trailer. Porfirio Medrano, 574 S. 4th Street thanked the Mayor and the members of the council for taking on this matter. He appreciates what they have accomplished thus far, but backs everything Ms. Reese said. There are a lot of things that still need to be done. It’s hard to be patient when you see people coming and going. They are not nice people, and these conditions are a safety matter. He wants to see it resolved as soon as possible. Mayor Keener called for final public comments without a response. X. NEW BUSINESS A. Review, consideration and possible approval of Parcel Map 4-24, filed by Koinonia Construction Inc., for the division of approximately 9.17 acres into 4 lots for residential development within an R (Single-Family and Multiple-Family Residential) zoning district, and matters related thereto. FOR POSSIBLE ACTION The proposed parcel map is the division of one parcel (APN 001-740-020) into four new parcels. Subject property is located on Orchard Cove Drive and Metzler Road and is zoned (R) Single-Family and Multiple-Family Residential. The property owner is applying for this parcel map with the intention of building single-family dwellings on Parcel No. 1, 2, and 3 and subdividing Parcel No. 4 into additional parcels at a later date. RN Mr. Negron said the development department has found the proposed parcel map 4-24 in general compliance, dividing the current parcel into four parcels: • Parcel 1 – 10, 243 square feet • Parcel 2 – 9050 square feet • Parcel 3 – 9473 square feet • Parcel 4 – 8.072 acres (to be subdivided at a later date). November 12, 2024 City Council | Minutes Page 9 of 22 The parcel is currently vacant and zoned for single and multi-family residential. It is located on Orchard Cove and Metzler Road, is not located in the redevelopment area under wellhead protection and is located outside of the 30-year recapture zone. Future development of the parcels will require connection to the City of Elko Wastewater and Infrastructure. The site is located outside of the floodplain hazard area. Mr. Negron said based on the findings, facts, and conditions stated in the staff report dated October 16, 2024 in the agenda packet, we are seeking conditional improvement of parcel map 4-24. He noted there were six conditions. Mayor Keener asked if the applicant is aware of the six recommendations. Luke Fitzgerald, 2405 N 5th St confirmed he was aware of the recommendations but wanted some clarification. asked if he could bond the improvements, record the map and then complete them. Mr. Negron replied yes. Mayor Keener called for questions or comments from the public without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Parcel Map 4-24 and accept the area offered for dedication based on the findings of facts and conditions as stated in the staff report dated October 16, 2024. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 894, an ordinance approving an amendment to the development agreement between the City of Elko, Nevada, a municipal corporation and political subdivision of the State of Nevada (“City”), and Copper Trails LLC, a Nevada limited liability company (“Owner”), specifically to add Phase 3 of the Copper Trails subdivision and decrease the minimum useable floor area from 1,200 square feet to 900 square feet on lots smaller than 4,000 square feet, and to direct Staff to set the matter for second reading, public hearing and possible adoption, and matters related thereto. FOR POSSIBLE ACTION Pursuant to N.R.S. 278.0205 and Section 3-2-26(F) of the City Code, Council may amend or cancel binding development agreements by mutual consent of the parties to the agreement or their successors in interest if it finds that the amendment to the agreement is consistent with the Master Plan. There have been three previous amendments 755, 769 and 838. The amendment shall be approved by adoption of an ordinance. In this instance, the owner has requested the City amend the approved development agreement and Staff is in agreement. RN November 12, 2024 City Council | Minutes Page 10 of 22 Mr. Negron said Copper Trails has had three previous amendments, as referenced in the agenda packet. Ordinance 894 would decrease the minimum usable floor area from 1200 square feet to 900 square feet on lots smaller than 4000 square feet. Mayor Keener said he presumed the intent is to have a product that's more affordable. Mr. Fitzgerald said over the years, demand has changed. We are now in need of a more affordable product. This would allow us to bring a diverse bit of product to the market. Mayor Keener called for questions or comments from the public without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to conduct First Reading of Ordinance No. 894 and direct City Staff to set the matter for Second Reading, Public Hearing and possible adoption. The motion passed unanimously. (5-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration and possible action on a request for reconsideration of Revocable Permit 2-24 which was denied by City Council on October 8, 2024, filed by Legion Construction and Development LLC., to occupy +/- 70 sq. ft. of North Fifth Street right-of- way adjacent to their parcel located at 3042 North Fifth Street, to accommodate a monument sign, and matters related thereto. FOR POSSIBLE ACTION City Council denied Revocable Permit 2-24 on October 8, 2024 based on the finding that there is sufficient space for the sign to be installed entirely on their property. The applicant has submitted a letter requesting this item be reconsidered. CL Cathy Laughlin, City Planner, presented. She noted there was a letter in the agenda packet from Shanks Enterprises stating they felt the need to be present to support their argument, but they were absent. Ms. Laughlin addressed the argument from Shanks that stated there were other signs within the right- of-way along North 5th St, and she did not believe this to be accurate information. Utilizing GIS, she determined that bother Copper Wood and Copper Apartments’ signs were located on their property. Regarding the church’s sign, she said it is very possible a portion of it was located in the right-of-way. However, since it was permitted in 1998 and procedures for permitting were different, it is a legal non- conforming sign. That does not mean that we should continue to allow signs to be located in the right- of-way and recommends the denial of the revocable permit, as there is sufficient space on the owner’s property to permit and relocate the sign. Mayor Keener asked if the applicant was online. Annette Robinson, City Clerk, said no. November 12, 2024 City Council | Minutes Page 11 of 22 Mayor Keener asked about potential liability to the city if the sign stays in place. Mr. Stanton said allowing one non-conforming sign to occupy city right-of-way without permission from the city opens up the door to other types of abuses of city property. A revocable license agreement would be appropriate if city council allowed the sign to continue. Mayor Keener called for public comment on the item without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to deny the revocable permit as there is sufficient space for the sign to be installed entirely on their property, avoiding any encroachment into the City of Elko's right-of-way. The motion passed unanimously. (5-0) B. Review, consideration, and possible action to approve or deny the reinstatement of Ms. Kayla Harrelson’s bar card, and matters related thereto. FOR POSSIBLE ACTION Any person whose application for a work permit has been denied or revoked by the Police Chief may appeal to the City Council for a hearing to show cause why the work permit should be issued or should not be revoked. In this instance, the Police Chief denied the work permit based upon the following Elko City Code provision: City Code: 5-11-2 (C) The city council finds, and it is hereby declared to be the policy of the city that, to protect and promote the public health, safety, morals, good order and general welfare of the inhabitants of the city, it is necessary that the city council ascertain and keep itself informed of the identity, prior activities and present location of all bar employees in the city; and maintain confidential records of such information; and require the registration with the police department, and the thumbprinting, fingerprinting and photographing of bar employees; and to require the chief of police to investigate the background and qualifications of each applicant for a bar employee work permit under this chapter, before any such work permit is granted; and to periodically investigate into legal qualifications of each applicant holder of a work permit under this chapter, to the end that such work permit shall not be granted to or held by unqualified, disqualified or unsuitable persons. To better define the policy of the city and this chapter, the following persons may be declared to be unqualified, disqualified or unsuitable persons to be granted or to hold bar employee work permits under the provisions of this chapter: C. A person who the chief of police determines is not a suitable person to receive a work permit under the provisions of this chapter, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city. The applicant appeals the decision of the chief of police pursuant to the following City Code provision: November 12, 2024 City Council | Minutes Page 12 of 22  City Code: 5-11-5: Appeals Any person whose application for a work permit has been denied … by the chief of police may appeal to the city council for a hearing to show cause why the work permit should be issued or should not be revoked.… At such hearing, the city council shall receive such evidence and take such testimony as it deems necessary. After such hearing, the city council shall review the testimony taken and any other evidence submitted and shall within thirty (30) days from the date of the hearing announce its decision sustaining or reversing the denial or revocation of the work permit. Such city council may, by unanimous vote, upon evidence of the good moral character and rehabilitation of the applicant, waive any of the disqualifications stated in section 5-11-2 of this chapter, and condition or restrict any such waiver having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city. The filing of such appeal shall constitute consent by the applicant to use all criminal histories, records and information that has been acquired or compiled in connection with the application and the action taken thereon. A copy of Ms. Kayla Harrelson’s letter requesting an appeal, supporting documents provided by the applicant (which includes criminal history information), and Work Permit Application have been enclosed in the agenda packet for review. EXCEPT FOR THE REMOVAL OF DUPLICATE WORDS AND SOME FALSE STARTS, THE MINUTES FOR THIS ITEM ARE INTENDED TO BE VERBATIM. Mayor Keener: Dave. Dave Stanton: Thank you, Mr. Mayor. Now, before we get started, I'd like to give everybody sort of an overview of how this process should work and sort of explain the procedure so that everybody kind of knows where we're headed and who kind of needs to do what at what point. But because this is an evidentiary hearing, although the rules of evidence don't apply, the council can receive evidence in any form that is relevant. That can be in the form of testimony, documents presented in the agenda packet which you already received or other documents that are presented in the hearing. Because witness testimony is going to be evidence, the witnesses are going to be sworn in by the City Clerk. The order of events will be like this. The appellant, who is also referred to as the applicant, but because it's an appeal, we'll call her the appellant. She'll have an opportunity to make an opening statement. Then the city will also have an opportunity to make an opening statement. That'll be Lieutenant Pepper. At that point, the appellant will be able to present evidence. That's the point at which the appellant will be sworn in under oath and may refer to documents that have already been provided that are in the agenda packet. If the appellant has a witness who wants to get up and testify, the witness can be placed under oath and can testify. If there are other documents that are going to be presented, that'd be the time to do it. So once the appellant has gotten done presenting evidence then it'll be the city's turn to get up and present evidence, so then it'll go over to Lieutenant Pepper. Lieutenant Pepper will get up and present the city's argument and there may be some additional documents that are presented to the City Council. Once that's done, the appellant will have an opportunity to present a rebuttal if she chooses to do so and respond to anything that has been presented by the city. Once that—and that's not required, but it's an option. If there's not going to be a rebuttal, all you have to do is say I waive the rebuttal. At that point, we'll go right into what are called closing statements. I'm not sure if you're November 12, 2024 City Council | Minutes Page 13 of 22 keeping track of all this, but I'll help you through this. Closing statements. That is an opportunity for each of the parties, the appellant and the city, to sort of summarize what the party's positions have been. And so the appellant will go ahead and say this is a summary of what I've said and this is what I am asking the City Council to do. And the city will do the same thing. Once that has been done, it'll be handed over to the City Council for discussion. When the City Council goes into discussion, you're not going to have an opportunity to be interacting with them. So you need to make your case through this process, then turn it over to the City Council. Then they get to deliberate and decide how this is going to be resolved. So, and I'll remind the City Council that according to the code, if the council decides to waive any of the requirements in the code that are the basis for the decision not to issue the work permit, it has to be a unanimous decision. So that's just a reminder. But with that, I guess the first thing is maybe allow the appellant to make a brief opening statement. We'll have Lieutenant Pepper get up and make an opening statement and then we'll proceed to the presentation of evidence. Mayor Keener: Dave, does appellant have to be sworn in? Dave Stanton: Not for the opening statement. That's at the next part where the evidence is presented. Mayor Keener: OK. All right. Thank you. Ma'am, if you could please introduce yourself, name and address for the record and proceed with your opening statement. Kayla Harrelson: I'm kind of losing my voice, so I'm sorry. I'm Kayla Harrelson. My address is 1620 Winchester Dr. Elko, NV. My opening statement would just be that I'm writing this to respectfully ask for reconsideration on the recent decision regarding my revoked bar card and request the opportunity to demonstrate my commitment and capabilities by being granted a second chance. While I acknowledge the concerns raised, I'm confidently able to say I wasn't trying to hide anything about my history with the law, and that I have provided proof of documents I received from the courthouse the day of going to pay for my bar card and everything. And I take complete accountability that it was my job and my responsibility to know. And I don't want to use this as an excuse, but given my lengthy record, I apologize. Like I just simply couldn't remember certain arrests. I wasn't my best back then, but I since have made a full turn around. And with the job I had while bartending I was able to help my sister with watching her three daughters throughout the week while she works, while also helping her with rent as me and my two boys reside with her. And I appreciate you guys for giving me a chance to explain myself. Mayor Keener: Thank you. You may be seated. All right. Lieutenant Pepper. Lieutenant Pepper: Mayor, City Council. I just wanted you to take those and pass those down. The opening statement will be brief. The initial revocation was based on failure to disclose on the application when they clearly say all arrests. Since that time we've found several other disqualifying factors that I'll bring up later in the hearing. (See minutes packet). Mayor Keener: Thank you. Dave Stanton: So now we go to the presentation of the evidence. The appellant should come up to the dais and should be sworn in and can provide testimony and any other evidence. November 12, 2024 City Council | Minutes Page 14 of 22 Annette Robinson: Do you solemnly swear or affirm that the testimony you're about to give to be the truth, the whole truth and nothing but the truth? Kayla Harrelson: Yes. Mayor Keener: All right, we're ready for your evidence. Kayla Harrelson: All I have for evidence is just, I did contact the courthouse and I paid for them to pretty much send me any of my arrests and my convictions. I made sure no matter what my convictions are on there and what they emailed me, it didn't have any of like my failure to appears in the ones that caused my bar card to get revoked. Dave Stanton: Let me ask the witness just a couple of questions and then we can move on. But, can you tell the council whether you have supplied the city with a complete arrest record? Kayla Harrelson: No. Dave Stanton: You cannot or you have not? Kayla Harrelson: I don't. I haven't. Dave Stanton: You have not? As we stand here today, you have not supplied the city with a complete arrest record? Kayla Harrelson: Like for this? Or…I don't understand. Dave Stanton: All of your arrests. Kayla Harrelson: I just got what I got from the courthouse asking for all of my arrests and my convictions. Dave Stanton: OK. So are you testifying that you've supplied the city with a record of all of your convictions? Kayla Harrelson: Yes. Dave Stanton: OK, that—I just wanted to clarify those few things. Mayor Keener: And do you have any witnesses that you want to include? Kayla Harrelson: No one that was like, no one was physically there with me but my sister's three daughters and me at the police station when I was contacting the courthouse and everything. And then when I went to the courthouse. But, I don't—no, I don't. Dave Stanton: Do you have any documents to supply the City Council other than those that were presented in the packet, the agenda packet? November 12, 2024 City Council | Minutes Page 15 of 22 Kayla Harrelson: No, Sir. Dave Stanton: OK. Is that the conclusion of your testimony? Kayla Harrelson: Yes. Dave Stanton: OK. Mayor Keener: All right. Thank you. Lieutenant. Annette Robinson: Do I need to swear him in? Dave Stanton: Yes Annette Robinson: Do you solemnly swear or affirm that the testimony you're about to give to be the truth, the whole truth and nothing but the truth? Lieutenant Pepper: Yes, I do. So Council, Mr. Mayor, if you look through the packet I gave you, the first two pages are going to be the letter that Miss Harrelson received from Chief Trouten, where she failed to disclose not one but ten different arrests. And since then we've found out that she has a felony conviction for possession of a controlled substance. However, this felony conviction is outside the three years, but there's a pattern. If you go to the back page, On April 11th, 2023, she pled guilty to a misdemeanor possession charge. Under the disqualification criteria number five "Any unlawful possession is grounds for a revocation." Mayor Keener: Right. Are there any questions for Lieutenant Pepper on this? Dave Stanton: I have a couple of questions. Lieutenant Pepper has the appellant supplied the city with a complete arrest record? Lieutenant Pepper: I haven't seen it. She sent a bunch of court documents, but it doesn't list out the actual arrest. So it shows some of them, but it's more court transcripts almost. It's notes, emails, that kind of stuff between the courts. It's not an actual conviction record. Dave Stanton: OK. So it's a summary that's supplied by the court. And there may be some arrest information in there, but— Lieutenant Pepper: Correct. Dave Stanton: But it's not clear, is that what you're saying? Lieutenant Pepper: Correct. Dave Stanton: OK. Did you have any other evidence you wanted to present? November 12, 2024 City Council | Minutes Page 16 of 22 Lieutenant Pepper: No. Dave Stanton: OK. Mayor Keener: Any questions for the Lieutenant on this? Council Member Puccinelli: Nope I'm good Mayor Keener: All right. Thank you. OK, Miss Harrelson. And I'll remind you, you're still under oath. Is there anything that was presented that you do not agree with from the Lieutenant? Kayla Harrelson: No, Sir. I agree with it all. I just…when I contacted the courthouse and asked for my conviction, like, my whole conviction, like, rap sheet, that's all I received. So I didn't know how to go about getting it. So that is bad on my part. Mayor Keener: OK. There's nothing that the Lieutenant stated that you disagree with. Kayla Harrelson: No. Dave Stanton: OK, Well, at this point, if there—is there anything further from the appellant? Kayla Harrelson: No. Dave Stanton: OK, this is your opportunity to present a closing argument if you'd like to present one. What are you asking the council to do, and if you can explain what you're asking for and why? Kayla Harrelson: Just reconsideration. But as he said, you can't have any convictions even if it's like a misdemeanor for a position. So that kind of…I think just…there's no chance of me getting my card back because of that until a few years from now, you know, but, so…I don't know what to say. Dave Stanton: Do you still want the council to consider your appeal? Kayla Harrelson: If it's possible. Dave Stanton: OK. Is there anything further? Kayla Harrelson: No, Sir. Mayor Keener: All right. Thank you. Lieutenant Pepper: Mr. Mayor. City Council. The only thing I have in closing is, we can't in good faith recommend the reinstatement of this card. Dave Stanton: You can explain why. November 12, 2024 City Council | Minutes Page 17 of 22 Lieutenant Pepper: The totality of circumstances. It's not just the listing the arrest now, it's the felony conviction that wasn't disclosed, the misdemeanor possession that wasn't disclosed. And because of that, we just can't recommend it. Dave Stanton: OK. And explain once again how you found out about this new information. Lieutenant Pepper: Well, once we found out all the other arrests, we of course looked into them, and that's how we found the felony conviction and then the misdemeanor possession. Dave Stanton: And this was not disclosed by the appellant, right? Lieutenant Pepper: No, it was not. Dave Stanton: OK. Anything further? Lieutenant Pepper: No. Mayor Keener: Thank you. All right. Although this is a difficult situation for the appellant, I think it's a cut and dry issue for the board, and given the weight of the convictions, and the arrest records, I can't in good conscience override the Chief's recommendation for revocation on this. So I'll just find out where the rest of the board is at on this. Council Member Morris: I concur with the mayor. Over the years we've worked very hard. The Police Department works very hard to clean up a lot of the issues that we've had in the bars. And the last thing we want is people with felony convictions and drug violations in our bars. It's just going to attract the wrong crowd. And they've done a pretty good job of making it a lot better than it was twenty years ago. Having said that, with the amount of arrests and the felony and then the possession charge just recently, I'm with the mayor, I can't in good faith approve this and deny it. Council Member Stone: I think it's pretty cut and dry on this one. We really don't have a choice on this. It's unfortunate the past circumstances, but it may be a better thing with not making special circumstances and things on this card. I agree with you, Mayor, and it might be a good thing with that to be able to help the appellant get into a different line of work that isn't around an environment that could pull her into those other things. So… Council Member Puccinelli: I kind of agree with Chip on this a little bit where the environment itself could be a bad influence, whether you did miss these charges or intentionally or unintentionally. And that's, I mean—that they were missed in reporting it. But like Chip said, maybe this would be a good opportunity to get away from that environment a little bit and go do something else. So I agree with him. Dave Stanton: Now I'm listening to this discussion, I want to keep the council focused on the what the code says and it's talking about. And from the tenor of the discussion, it sounds like sustaining the decision of the Chief of Police to revoke the work permit. Chip Stone: Correct. November 12, 2024 City Council | Minutes Page 18 of 22 Dave Stanton: And so if there's going to be a motion to that effect, I ask that you please use the language of the statute so that we can be accurate. The Chief also made the decision that he made on the basis of a code provision that talks about the suitability of the person to receive a work permit in light of protecting the public health, safety, morals and good order and general welfare of the inhabitants of the city. So, I think that a finding should be made citing to that city code provision. Mayor Keener: OK, duly noted. Thank you, Council. All right. Do you have any comments or a motion, Mandy? Council Member Simons: Yeah, just, I do think that we need to keep in mind the statute, and it's pretty clear, but also acknowledge that people change dramatically in a few years. If that was still a line of work that somebody wanted, I think obviously you could reapply at that time. Our past certainly doesn't dictate our future. But OK, I missed some of what you said Dave, but let me try this. Mr. Mayor, I move to—hold on, clear up here—sustain the denial of the reinstatement of Miss Kayla Harrelson's bar card citing the statute City Code 5-11-2 that pertains to due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city. Dave Stanton: And that provision specifically talks about the suitability of the person? Council Member Simons: Referring to the suitability of a…the person who applies for the bar card. Mayor Keener: All right, is there a second? Council Member Stone: Second. Mayor Keener: All right, all in favor of the motion say “aye.” All: Aye. Mayor Keener: And I also vote aye. And I hope you can keep things on the straight and narrow and, you know, work on some of the things that have been a stumbling block here and hopefully just have a productive life. And maybe in the future, you'll be able to come around and apply once again. Kayla Harrelson: Yeah, it was supposed be a temporary job. It’s the only one that I can currently work given my situation being a single mom. Thank you, guys. Mayor Keener: Thank you. All right, good luck to you and best wishes. All right. ** A motion was made by Council Member Simons, seconded by Council Member Stone to sustain the denial of the reinstatement of Miss Kayla Harrelson's bar card citing the statute City Code 5-11-2 that pertains to due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city. The motion passed unanimously. (5-0) November 12, 2024 City Council | Minutes Page 19 of 22 XIII. REPORTS A. Mayor and City Council Mayor Keener asked about the projector. Ms. Baum said after debating with IT, TVs may offer a more modern solution. The TVs have already been ordered. Mayor Keener asked to confirm the special meeting on Thursday for canvassing. Ms. Robinson responded yes, it will be 9:00 AM in chambers. She said has not received from the county yet, but they had until 5:00 PM to have the votes cured and council should have that report by tomorrow. Mayor Keener said he and Ms. Baum have a meeting with Nevada Health Centers on Monday and a community meeting with Nevada Gold Mines on Thursday. The president of the Nevada Mining Association is in town next week and he will be meeting with her as well. Council Member Simons reported we had an arts and culture meeting and it looks like we will not be proceeding with the We the People project. Mayor Keener suggested a great project for that group to pivot to would be rehabilitating the E on the hill. B. City Manager No Report. C. Assistant City Manager No Report. D. Utilities Director Dale Johnson, Utilities Director, reported customers have started receiving their lead and copper letters. It has generated a lot of extra requests to go look at service lines. He reported the Errecart project is going well, and the booster station has a tentative start date of December 10th. Mayor Keener thanked Mr. Johnson for the tour and encouraged others to reach out as well. He asked if the letters Mr. Johnson sent out were the letters telling people they may or may not have lead in their pipes. Mr. Johnson responded yes. It is all the unknowns on the customer side if they had lead, copper or galvanized pipes. He said they can answer any questions the public may have and go survey their property. November 12, 2024 City Council | Minutes Page 20 of 22 Mr. Storla reported the generator is complete and can supply water to the city and tanks in the event of a natural disaster or power outage. E. Public Works No Report. F. Airport Manager Mr. Foster reported we were awarded the Small Community Air Service Development grant in the amount of approximately $800,000 for the next two years—$400,000 apiece. It not only offers a minimum revenue guarantee, but can help with pricing structure as well. He said we have a meeting with SkyWest on December 5th to discuss bringing back our midday flight as well as other possibilities. He thanked our planners and Bill Tomcich for helping write the application for the grant. H said we were one of 12 or 14 communities nationwide that received something out of 45 applicants. G. City Attorney No Report. H. Fire Chief No Report. I. Police Chief No Report. J. City Clerk No Report. K. City Planner No report. L. Development Manager No Report. M. Financial Services Director Mayor Keener thanked Ms. Davis and Ms. Quilici for answering his questions on sales tax receipts. He noted some concern about being down approximately 10% for the first two months of the fiscal year. November 12, 2024 City Council | Minutes Page 21 of 22  Julie Davis, Financial Services Director, responded they have been in contact with the state and they refer to each line item stating one or two large filers. She said she will reach back out and see if she can get more information. N. Parks and Recreation Director Mayor Keener asked Mr. Wiley how we’re doing on the cement. Mr. Wiley responded we’re doing really well. They’re currently pouring Monday through Thursday and weather permitting, he thinks we can pull it off. O. Civil Engineer No Report. P. Building Official No Report. 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 Mayor Keener called for public comment without a response. There being no further business, Mayor Reece Keener adjourned the meeting at 6:00 PM. Mayor Reece Keener Annette Robinson, City Clerk November 12, 2024 City Council | Minutes Page 22 of 22