Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS September 23, 2025 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, September 23, 2025. 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 Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Marissa Lostra, Councilwoman City Staff Present: Jan Baum, City Manager Dale Johnson, Assistant City Manager Dave Stanton, City Attorney Jim Kerr, Utilities Director Andrew Storla, Water/Sewer Superintendent Scott Dancz, WRF Superintendent Paul Algerio, Public Works Jim Foster, Airport Manager Justin Alanis, Facilities Superintendent James Johnston, Fire Chief Joel Finley, Deputy Fire Chief Kyle Ward, Police Chief Cathy Laughlin, City Planner Ralph Negron, Development Manager James Wiley, Parks and Recreation Director Jeff Ford, Building Official Sarah Schick, Civil Engineer DJ Smith, Computer Information Systems Coordinator Rachel Randall, Planning Technician September 23, 2025 City Council | Minutes Page 1 of 20  III. PLEDGE OF ALLEGIANCE A moment of silence was held in memory of Charlie Kirk, who was assassinated in Utah on September 10, 2025. 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 Scott Gavorsky, 878 2nd St, representing the Elko County Republican Party, extended a thank you to all of Elko on behalf of the Elko County Republican Party, Elko County Democrats and the Independent American Party of Nevada; the Constitution event last week went very well. He said it was good to see they could still have those types of discussions in light of current events. He added a thank you to the Elko County community for participating in the candlelight vigil on September 13th for Charlie Kirk. He said it was well attended and there were no problems from other members of the community, which was really a testament to Elko that they’re able to do those events in these times. V. CONSENT AGENDA A. Approval of Minutes for the September 9, 2025, Regular Session. FOR POSSIBLE ACTION B. Consideration and possible action to cancel the December 23, 2025, Elko City Council Meeting, and matters related thereto. FOR POSSIBLE ACTION C. Review, consideration and possible ratification of the Elko Police Department applying for an Office of Criminal Justice Assistance (OCJA) Grant valued at fifty-five thousand, seven hundred and twenty-five dollars ($55,725.00) to be used for the Gang Diversion & Enforcement Project, and matters related thereto. FOR POSSIBLE ACTION The OCJA Grant was applied for in February 2025. Mayor Keener called for public comment and did not receive a response. ** A motion was made by Councilmember Stone, seconded by Councilmember Morris to accept the consent agenda as written. The motion passed unanimously. (5-0) September 23, 2025 City Council | Minutes Page 2 of 20  VI. PRESENTATION A. Reading of a proclamation by the Mayor in recognition of National Day of Service, honoring The Lamoille Women's Club, and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM. Mayor Keener invited Maureen Nolen and her group up to the dais as he read the proclamation. A copy is included in the minutes packet. Maureen Nolen with The Lamoille Women’s Club thanked everyone for their support of the organization. She said the General Federation of Women’s Clubs (GFWC) is an international organization and it’s made up of women like themselves with different interests. Their club was one of the oldest organizations and has been here for almost 125 years. They give back to the community through scholarships and their activities with the Child Advocacy Center. She said this year they have created what she calls care creatures, and they are little quilts added to little stuffed animals that first responders can provide to any children in any kind of trauma whether it is a fire at their home or it’s a police action. She added they would be delivering them to the police department tomorrow at 2:30 pm. B. Presentation to honor and recognize Pastor Bill Killion for his more than 25 years of dedicated service as the Fire Chaplain for the City of Elko Fire Department and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM During Pastor Killion's tenure, he has provided comfort, guidance, and unwavering support to firefighters, their families, and members of the Elko community during times of challenge, loss, and celebration. Fire Chief James Johnston will present a formal recognition to Pastor Killion on behalf of the Fire Department, highlighting his contributions and lasting impact on the organization and the community. A plaque of appreciation will be presented to Pastor Killion in gratitude for his commitment and devotion to the City of Elko. Following the presentation, Pastor Killion will be invited to share remarks. The City of Elko Fire Department extends its heartfelt thanks to Pastor Bill Killion for his decades of service and wishes him the very best in his future endeavors. JJ Fire Chief James Johnston said it was his privilege to present this to Pastor Killion who he has known for over 26 years. He said the best way to describe Pastor Killion is a utility infielder. He was a volunteer firefighter, their chaplain, ran on the ambulance and he ran with the police department. He ran funerals for first responders for critical incidents and stress debriefings. He said it was with a heavy heart that he presented this plaque to him, and he knew he would do great things in the community he was moving to. Pastor Bill Killion said he was honored over the past 26 years to be able to serve not just the fire department but the police department, the sheriffs, the ambulance and the people of Elko. He said Elko would always have a special place in his heart. Mayor Keener said 25 plus years of volunteer service was truly remarkable. He thanked him for his public service on behalf of the community and told Pastor Killion he would be missed. September 23, 2025 City Council | Minutes Page 3 of 20  C. Presentation by Mr. Rafael Villanueva, CEO of Travel Nevada. Mr. Villanueva will share what Travel Nevada is doing to promote our state and area, along with the Elko Convention & Visitors Authority, and how we can leverage their efforts to boost business in Elko and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM Raphael Villanueva, CEO of Travel Nevada, gave a presentation on what Travel Nevada does, and what tourism does for the State of Nevada. He said they were one of three agencies in the Department of Tourism and Cultural Affairs, and they work with communities to develop programs to drive not only visitors, but revenue and jobs to those who live in the community. A copy of the presentation is included in the minutes packet. VII. PERSONNEL A. Employee Introductions: 1. Blake Sorensen - Water/Sewer Operator In Training 2. ReNatta Friberg - Water/Sewer Operator In Training 3. David Brown - WRF Technician Trainee Andrew Storla, Water/Sewer Superintendent, introduced two new employees, Blake Sorenson and ReNatta Friberg. Mr. Sorenson said he was hired on as an Operator in Training, and he was happy to grow with his team and the company. He added he was honored to have the opportunity to work with the city. Ms. Friberg said she was a Navy Veteran and had just moved to Elko in May. She added she already loved the job and everyone she works with. Scott Dancz, WRF Superintendent, introduced the newest member of the WRF team, Mr. Dave Brown. Mr. Brown said he has lived in Elko his whole life, went to school and played sports here and had two kids that followed suit. He worked at NGM for 25 years and was glad to be a part of the team and start a new chapter. VIII. APPROPRIATION A. Review and possible approval and/or ratification of warrants and hand cut checks, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Morris to approve regular warrants in the amount of $ 1,070,562.66. The motion passed unanimously. (5-0) ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Morris to approve hand cut checks in the amount of $85,489.07. September 23, 2025 City Council | Minutes Page 4 of 20  The motion passed unanimously. (5-0) ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Morris to approve utility refunds in the amount of $ 1,755.46. The motion passed unanimously. (5-0) IX. NEW BUSINESS A. Due to the Veterans Day Holiday on Tuesday, November 11, 2025, the City Council Meeting is rescheduled to Wednesday, November 12, 2025, at 4:00 pm (PDT), and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM Jan Baum, City Manager, said this was pretty self-explanatory, she just wanted to make sure everyone was aware. B. Review, consideration, and possible authorization for Staff to solicit a Request for Qualifications for Elko Animal Shelter Architectural Services, and matters related thereto. FOR POSSIBLE ACTION The City of Elko needs to retain architectural services for the Elko Animal Shelter Project. The Elko Animal Shelter Project design was included in the FY26 budget. A draft copy of the RFQ is enclosed in the agenda packet for review. Staff anticipates a recommendation to City Council on January 13, 2026. Once selected, Staff will negotiate a professional services contract for approval. JB Ms. Baum said City Council approved the design in the facility fund during the budget process, and LASSO has agreed to raise money for the construction. Mayor Keener said he was in full support. He called for public comment and did not receive a response. ** A motion was made by Councilmember Stone, seconded by Councilmember Lostra to authorize staff to solicit a Request for Qualifications for architectural services for the Elko Animal Shelter Project. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of the Elko Police Chief accepting an Office of Criminal Justice Assistance (OCJA) Grant. The grant, valued at fifty-five thousand, seven hundred and twenty-five dollars ($55,725.00), would be used for the Gang Diversion & Enforcement Project, and matters related thereto. FOR POSSIBLE ACTION September 23, 2025 City Council | Minutes Page 5 of 20  The Elko Police Department applied for and was awarded an OCJA grant in the amount of fifty-five thousand, seven hundred and twenty-five dollars ($55,725.00) for the Gang Diversion & Enforcement Project. No cost match is required. Police Chief Kyle Ward said this is a grant they have every year, and it focuses on gang diversion and enforcement. He said they have seen good results from this funding, and it has helped with targeted operations as well as some good outcomes for our children. He added they have seen a good reduction in crime and an increase in school involvement at the K through 12 and also collegiate level. He asked for consideration to have the grant approved. Mayor Keener called for public comment and did not receive a response. ** A motion was made by Councilmember Morris, seconded by Councilmember Puccinelli to approve the Elko Police Chief accepting an Office of Criminal Justice Assistance (OCJA) Grant. The grant, valued at fifty-five thousand, seven hundred and twenty-five dollars ($55,725.00), will be used for the Gang Diversion & Enforcement Project. The motion passed unanimously. (5-0) D. Review, consideration and possible acceptance of a Planning Services Agreement between the CITY OF ELKO, NEVADA and COFFMAN ASSOCIATES INC. for an AIRPORT FOCUSED PLANNING STUDY PHASE II and matters related thereto. FOR POSSIBLE ACTION Coffman Associates provided the Airport with the Focused Planning Study Phase I. The Airport under the Airport Improvement Program was awarded EKO-WPG-3-32-0005-062- 2025 for Phase II. JF Jim Foster, Airport Manager, said this was the contract to get the focus planning study phase two started. He added they anticipate beginning October 1st and it would be about a six-month process. Mayor Keener asked if this was a cost share with the FAA. Mr. Foster responded yes, it was a five percent match. Mayor Keener noted this was not really optional and was something they were required to do if they want to be able to maintain the facilities. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Stone to approve the Planning Services Agreement between the City of Elko, Nevada and Coffman Associates Incorporated for the Airport Focused Planning Study Phase II. The motion passed unanimously. (5-0) September 23, 2025 City Council | Minutes Page 6 of 20  XII. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Subdivision Improvements for Mustang Ridge Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 5-22 for Mustang Ridge Subdivision on November 22, 2022, and Performance and Maintenance Agreement was also entered on November 22, 2022. A one-year extension was granted by City Council on October 8th, 2024. The Developer has requested a conditional acceptance of the subdivision. The Developer has substantially completed the Subdivision Improvements in accordance with the approved plans. The City is in receipt of the required certification of the project by the Engineer of Record. The Developer is required to provide Maintenance Security Bond in the amount of $140,999.51 for a 12-month maintenance period. The maintenance period will begin on the date of Council acceptance of the subdivision improvements provided the maintenance bond is on file with the city. RN Ralph Negron, Development Manager, described to the council how their inspections typically work and went through his talking points, found in the minutes’ packet. When the contractor is ready, the city is notified and he gets the departments (engineering, planning, environmental, utilities, streets, fire, and sometimes the City Manager) together to conduct their inspections, a punch list is developed and is sent out to the engineer and the developer. He said the big topic of discussion is the asphalt at the subdivision; when it was poured, they noticed it was extremely way and some of the percentages were off and did not match the plan set that was given to the city when it went for tentative approval. The approved construction plan shows 3-inch asphalt at the crown in the center and 2% down to the gutter, which is not what was constructed. He noted the general notes in the plan set state “all work shall be done in accord with project specifications or the standard specifications for public works construction.” It was the expectation of the city that these standards and design would be followed, and they were not. He added the developer is suggesting that the cul-de-sac road is a private driveway rather than a private street and the public works standards do not apply to the asphalt, curb, gutter and sidewalk outside of a city right-of-way. He said the road meets every definition of a private street aside from width, which appears to have been allowed to be narrower in the early map stage due to the number of lots. He said there are many people utilizing the road, rather than just one owner, and the road has public access and utility easement along it, making it fall outside the private driveway definition, and the code is clear that all streets within the city must conform to the public work standards. He noted one of the concerns that has come up is once the lots are constructed, they have the ability to either be rented or sold; the subdivision has an HOA, but if the asphalt is to fail within the next five years, the homeowners are going to be required to pay for repairs or replace it. He continued to read through city definitions, codes and standards listed on his talking points. He noted there was a certification in place from Shanks Engineering, and they are willing to certify the construction at this time. He also noted that the compaction tests done by Thurston Laboratories were incomplete and there were times no testing was done on the private street, curb, gutter, and sidewalk. He added Thurston Laboratories is not responsible for incomplete testing data due to lack of contractor engagement or notification. He said the first inspection was on August 27th and they had a two-page punchlist for Legion Construction and Shanks Construction. He said they included City Code and Orange Book standards for them to look at in case they had any questions. On September 16th, some of the items were still not taken care of. He said with the Deficiency Letter he sent (minutes packet), September 23, 2025 City Council | Minutes Page 7 of 20  there was a list of seven items to be completed prior to the City Council meeting and only two were completed. He said he would like those extra items to be included as part of the engineer’s estimate and that the engineer’s estimate be updated since those numbers will no longer be accurate. He presented photos to the council (minutes packet) and described each of the photos. He noted low spots with puddling on the brand new asphalt and stated that Manual Equipment is not allowed to be utilized to put down asphalt, and it should be electronic. Other photos reflected the lack of crown in the road, rock pockets, patchback and cracked sidewalks, water valves and manholes lacking a concrete collar. He noted the issue with the ADA noncompliant portion had too much of a slope; it is nine and a half and they are allowed two. He said this was one of his biggest concerns with it being on our public streets. He added the asphalt was the blame of subcontractor, and he Mr. Smales told him they were Precision Asphalt out of Reno. Councilmember Stone asked if Precision was licensed in Elko. Mr. Negron responded they are not. He continued through his photos, noting the 10 foot level they used to show the 2% percentage according to the plan was not met, with measurements ranging from 0.3 to 1.8%. He also noted a very low storm drain that needed to be brought back up. Mayor Keener asked if the engineer certification attested that it was constructed as designed. Mr. Negron responded it does. He stated he did not have it with him but he was certifying that the project is complete, but he also has taken exception to the asphalt and that there is no concern for the asphalt. Mike Shanks, Shanks Enterprises and the engineer of record, stated he would like to make a few clarifications. He stated he certified that is was built in substantial conformance with the plans and specifications with the exceptions listed in the punch list, that those get satisfied. He said to him the question was what standard the asphalt is going to get held to. Mr. Smales paid for a product from a subcontractor that is not as good as they would have liked, but it does meet the intent of what they were trying to accomplish, and that was a driveway. He said it wasn’t an accident that on the plans it says private driveway because that was the standard they designed to, and a driveway has a separate set of standards than a street. If you have a thoroughfare and you’re traveling at speeds of 25 miles per hour plus, roughness and these types of things become a safety issue. He said this was a cul-de-sac and it’s a driveway. He added Mr. Smales was even considering putting in speed bumps and the rough surface doesn’t hurt safety, it almost helps it; it reduces the speed of traffic. He agreed they probably needed to fix a few of the bad spots and make sure that it drains. He noted with a driveway, the standard is half a percent versus two percent. He noted that driveways have a minimum of two inches of asphalt, and they have three to four inches and nine inches of base which is substantially greater than the requirements of a driveway. He said he would argue it is going to last plenty long and was not something they needed to concern themselves with and he was willing to put his name on it and say that it was going to last, especially if he seals it and does some other things, and it was in his certification that they address some of the shortfalls of this and work with staff. He said he agreed with Ralph and ADA is its own animal and that they would repair whatever was required, and he felt what Mr. Algerio had marked out and what he asked for was reasonable. He reiterated he thought it was a good product and it would be a good subdivision, noting the Jarbidge subdivision was also a private driveway and held to a private driveway standard. September 23, 2025 City Council | Minutes Page 8 of 20  Mayor Keener asked Mr. Shanks if his certification would be contingent upon several mitigating factors such as putting a slurry seal on it. Mr. Shanks responded yes, and also fixing the deficiencies in the sidewalk, especially if it doesn’t meet ADA as Mr. Algerio had marked out. He thought the asphalt could be utilized, and even though he thought it was a poor job, he thought it was adequate and would serve the intents and last long enough that with some patches to take care of some low spots and a slurry seal it would be adequate. Councilmember Stone asked how Mr. Shanks would fix the crown that’s not there. Mr. Shanks responded he did not think they could fix the crown. He said what he would do is water test it, and what doesn’t drain out in a fair amount of time, they fix. Councilmember Puccinelli pointed out there were patches in it already. Mr. Shanks responded there was one. Councilmember Puccinelli said he was not blaming Mr. Smales on the paving, but they needed to hold these guys more accountable on the pavement. They hurt them and they hurt the product. Mr. Shanks said he could not argue that, but it’s done and for them to replace it they would have to pull it all out and put it back and it would double the price of it. He said they could make the product work well and adequate and serve the intent of it. He thought holding that street and the slopes to a street standard was not fair; it was designed as a driveway. He added they could not have designed it as a street because they did not meet street standards of 40 feet of width. This was 24 feet wide and it was no accident that the plans calls it a private driveway. Councilmember Puccinelli noted their plans also had a 2% grade. Mr. Shanks responded he wanted 2% and they didn’t get it. He asked now what do they do. Councilmember Puccinelli said so they didn’t follow the plans then. Mr. Shanks responded no, not completely. Councilmember Stone said he went down and looked at it the day after the rainstorms, and he could see all the wavy where the puddles had happened. He said to him, a private driveway is a driveway to a house; this had 19 homes that were going to be serviced. That was a street, not a driveway. Dave Stanton, City Attorney, said absolutely right. Dave read aloud the definition of a private street from City Code 8-18-2: “PRIVATE STREET: A nondedicated, privately owned right of way or limited public way that affords the principal means of emergency and limited vehicular access and connection from the public street system to properties created through the division or subdivision of land.” He said it did not matter what they called it on a map, that was the definition and that was the function of September 23, 2025 City Council | Minutes Page 9 of 20  this street; it connects the development and all of the units to a public street and is needed for limited vehicular access and emergency service vehicles. Councilmember Lostra said with construction, there is a workmanship code and the constractor is held to a workmanship and NRS that they have to follow. If the subcontractor is not following the plan, they are also violating the NRS. She said it was unfortunate that the subcontractor was not licensed in Elko, and that they would hope that they do have a contractor’s license because with that workmanship Mr. Smales would be able to go back after the subcontractor and say you didn’t follow the plans, you didn’t follow the specs, this doesn’t follow workmanship code, and this needs to be removed and at whatever cost replaced. She did not feel like this was sustainable, and it was going to fall to the residents who live there whether they rent or purchase the homes. She did not feel that was fair with this new construction. She noted the ADA was a major concern of hers because there were a lot of residents within that neighborhood that do a lot of walking on those sidewalks and that definitely needed to be done. She added she had some concerns about the construction that was started prior to any kind of permits being issued with the city, and she understood there were some for utilities but not for the forming of foundations and whatnot, which is an NRS statute violation. She said she was surprised the contractor was not red tagged for that. She said it was also her understanding that there was not a survey, so she did not know how he was putting forms in without any sort of monument to pull the dimensions from. She said she did not feel that installing speed bumps is a resolution for public safety. She felt the asphalt needed to be completely removed, as the best you’re going to see with asphalt is when it is first installed, and the subcontractor didn’t follow Orange Book Code that states you are supposed to use electronic machinery, and it cannot be handled. She said this was handled and that was why you saw the inconsistencies, that is why it was not crowning, that is why you see the waving, and hand rolling a private street or public street was completely illegal in the Orange Book Code. She reiterated that she did not feel like this met any kind of standards and needed to be removed. Councilmember Morris asked Mr. Smales why he would use a contractor with no license in the City of Elko. John Smales, Legion Construction, said the paver works down here and he’s been doing paving jobs for 30 years. He said SMG paving has manual screeds and they do projects all over town with manual screeds, everyone does. He said the durability of this job was without a doubt not a concern to anybody; it’s 9 inches to 12 inches of base, and it’s well compacted. He said it was type 2 asphalt, and that is why they saw the bigger rock pockets. He said he went with type 2 over type 3 for durability. He said he planned to own these for a long time like he owns his other project, Jarbidge Estates. He said that was a private driveway and it has low slopes and the asphalt was a concern at the time. He said Mr. Algerio said hey it’s a private driveway, we don’t have maintenance of it and there were no safety concerns. He said why this was being treated any different was beyond him, maybe because it shows some signs of waviness. He said there is a crown in this road. He said it was crowned all the way down through the center and the unproficiencies were not in the crown. He stated that they had water tested it, and after 10 minutes everything was drained out with the exception of quarter-inch bird baths that you would get in any driveway, apartment complex or even the city parking lot. He said that is why they are private driveways and not held to Orange Book spec. September 23, 2025 City Council | Minutes Page 10 of 20  Councilmember Morris said that is where he would have to argue. Mr. Smales could call it what he wanted but it was a street. He said he agreed with Councilmember Lostra and it needed to be torn out and fixed. He said he walked it and he drove it and you don’t want to drive it, but it needs to be fixed. Dale Johnson, Assistant City Manager, stated that when this went to Planning Commission it was labeled a private drive/non-dedicated street, and that is what was approved by the Planning Commission. He said it was approved as a non-dedicated street, which falls under a private street, which meant it would fall under Orange Book standards. He noted there were ways to fix compacted hot mix asphalt under Orange Book standards that included milling and coating it, or completely replacing it. Councilmember Lostra said she would feel better about a fix if it was installed properly. She said the installation was done improperly and she felt the only way to overcome it would be to rip it out and start over. She understood that falls at a heavy cost to the contractor and coming from a construction background, she understood that. No one wants to pull out workmanship someone else did, but it falls under his license as the general contractor, and Mr. Shanks’s license also as he stamped it saying it was up to code, and she did not feel that it was. She stated she went out to the property and walked and drove it, and she saw the puddling, waving and rock pockets. She added she did not feel that this was a standard that anyone would want to put their name on when you have 19 individual residents that would be using that street. Councilmember Stone asked if there was any way to know that there truly was 9 to 12 inches of subbase. Mr. Johnson responded that would have been done with special inspections. Thurston Laboratories would have been watching them put the base in, but according to the report, they were not called for the inspections. Mr. Smales said they had photos (not presented), and Mr. Shank witnessed it. Councilmember Lostra stated that they had notes that Thurston failed the inspections that were completed. Mr. Smales responded Thurston has never prepared on of these before, so there were some inconsistencies with how he prepared it. He said when doing compaction, it’s not untypical to fail. You re-water re-compact and all of those areas were reworked and met compaction. He said he was out there a lot looking at compaction, because he doesn’t like the settlement. Sarah Schick, City Engineer, said on the report from Thurston Laboratories, there was testing on the sub-grade. She said many of them failed the first test but then passed after it was reworked. She said there is a map that shows all of the locations and all of them did ultimately pass. She said she believed asphalt testing was not done, and it was her understanding the asphalt testing was not done during pouring. She said she thought it stated there were some compaction tests two days later. Mayor Keener asked Mr. Smales what kind of recourse they did they have against the contractor that did the work for them. September 23, 2025 City Council | Minutes Page 11 of 20  Mr. Smales said he could present him with this and see what he wants to do. He said people do overlays all the time, and ripping the asphalt was out of the equation. He said you can just mill an inch out of it and repave it. He reiterated that it is a private driveway and there is no maintenance on the thing. He said he wanted cars going slow and it would be in his rental agreement, and he would post a speed limit so they don’t have anyone going too fast down it, and he would place speed bumps. He said there were no draining issues with it, and it was draining. Mayor Keener asked if there would be on-street parking. Mr. Smales responded no and would be another thing included in his rental agreement, as it would be a safety concern for cars going too fast and he did not want that. He stated the durability was not an issue and it would last a long time, and there were no safety hazards with it. He said it did not look the best, but the concrete was spot on. He said for the last two weeks he had been paying attention to projects and had driven some projects and compared the ADA ramps all over town that were incorrect and had been approved. He said he wondered why the transparency was not the same and applicable to everything else. Mayor Keener said it was a horizontal slope that wasn’t leading down to the street from the west and from the north, it was the side slope on there. Mr. Smales stated the cross-slope was correct and it was three sixteenths too steep; it was the up approach. He said it’s all over town and no different, and that was on new jobs as well. He said he was going to provide Mr. Algerio with some corrective fixes like silica joint flex and it would be better than pouring a new slab because concrete cracks. He said there were no settlement issues in his project and there wouldn’t be any settlement issues in his project, and in the next 40 years nothing was going to be sunk in and it’s well compacted. He stated several issues in the photos Ralph had presented had been fixed, and the birdbaths in the pictures were a quarter inch deep and the city parking lot would have those after heavy rain. He said the rock pockets were from the type 2 asphalt and that is how it looks. Councilmember Stone asked how he measured with no monument. Mr. Smales replied it was all on spec. Councilmember Stone asked how he measured those with no monument. Mr. Smales replied it was all the curb and gutter, it’s all been surveyed in. Councilmember Stone asked if he was measuring off the sidewalk. Mr. Smales responded yes and the buildings are short of the road. Councilmember Lostra asked if he was measuring off the sidewalk and not an actual survey. Mr. Smales responded no, the whole project was surveyed. September 23, 2025 City Council | Minutes Page 12 of 20  Councilmember Lostra asked if the corner markers were in there. Mr. Smales responded no, they were going to do an as built. After the project is built they would do an as-is survey, which was allowable on the map that was signed. Mr. Shanks stated you don’t come off property corners to set that stuff, there’s corners and you know where you’re at. You survey in the corners, it’s all surveyed in. He said because Mr. Smales hasn’t set the official property corners doesn’t mean that things are being thrown out willy nilly. He said the improvements are surveyed in and they are in the right location. Jeff Ford, Building Official, said Mr. Smales has not applied for permits for the buildings yet. He added because he did begin construction without a permit, he’ll get a double permit fee on the building permits. He said they had not put a stop work order on it yet because he did stop, but he was ready if they needed it. Paul Algerio, Street Superintendent, stated in a meeting with Mr. Smales he had stated there were multiple locations throughout the city. He said he asked him to provide him with some locations and Mr. Smales sent him to the Sports Complex and the ADA ramp at the entrance. He said Mr. Smales was putting a level on the portions of the ramp that were not subject to ADA, but he did not give him any other locations to go look at. Mr. Ford said just to make it more complicated, you can pass ADA and not pass accessibility standards. Although they were similar, they were not the same thing. Mr. Algerio noted that as far as mitigation under the Orange Book, grinding is allowable and sealing effort after that. He said grinding low spots makes them lower and that’s not really an option. He said another option could be that they mill a portion of that off, and overlay was also approved mitigation for that. He said that might be a little less than a full removal, and that would have to be looked into to see if it would meet and was something they looked at as well instead of full removal Cathy Laughlin, City Planner, said because these are zero lot line construction that’s even more reason they should be 100% accurate to begin with. She said if we’re off on the very first building, by the time you’re down to unit number six, they’re all off and it would take a boundary line adjustment to realign those property lines back to the walls after the survey was done. Mayor Keener asked Ms. Laughlin if this was going to be 19 individual lots. Ms. Laughlin confirmed they were 19 individual lots. She said right now they couldn’t issue a building permit because there are not lots of record, and there will not be lots of record until the map gets recorded, which cannot be recorded until city council accepts the improvements. She addressed Mr. Smales and stated that he had mentioned that SMG was his paver, but on site he had told them Precision Paving was his contractor. She asked him which one it was, because SMG did have a city business license, but precision paving did not. September 23, 2025 City Council | Minutes Page 13 of 20  Mr. Smales responded he knows it wasn’t SMG. He had made mention of SMG because of their paving practices, and they have manual screens. John: Yeah, I know it wasn't SMG. I made mention of SMG because of the paving practices that they do. They have manual screens. He said he had an invoice (not presented). He asked the council to look at the picture he took of the crown (minutes packet). Councilmember Lostra asked why all of the seven items on the list to be completed prior to the City Council meeting for acceptance were not completed prior to the meeting. Mr. Smales responded that everything is pretty much done. He said the ADA ramp was a concern and Silver State was the only one with an approved city mix and he could not get the concrete in time. He stated he didn’t know if it was still going to be an issue with all of the ADA ramps out of compliance all over town. He said everything’s done, the only thing left is the ADA ramp they have on there and he has agreed to replace the old broken concrete on Colt Drive that were already in that he has not seen other developers do. He explained the piles are aggs, and he makes his own concrete for the foundations and those were aggs for that concrete placement. He noted there was another item on the engineer’s estimate that was set aside to remove the trash enclosure, but he’s not going to do a trash enclosure and it wasn’t on the plan. He said they were going to be doing single garbage cans. Mr. Negron told Mr. Smales he was going over things that he was requesting to be bonded. He told him there was a seven-item punch list that he requested be done prior to City Council, which was fitting a fire hydrant, replace the ADA curb gutter sidewalk panels, cap the pipes in the retention ditches, install concrete collar on the water valve on Colt Drive, relocate dirt piles to one location, protect the waddles and complete rough grading. Councilmember Stone asked if all of those items were done. Mr. Smales responded they were not. Mr. Negron noted two items were complete as of the email he received yesterday, which was the grates that were on the sidewalks and grouting the manholes. Ms. Laughlin noted the trash enclosure was part of the tentative map, and the final map has to be in conformance with the tentative map. She told Mr. Smales if he was not going with the trash enclosure that it needs to be a discussion with staff since it would not be in conformance with what was shown on the plans. Mayor Keener said it sounded like two members of the board are saying tear it all out and completely redo the asphalt. He said as ugly as the asphalt job is, it seemed wasteful to him and he would be in favor of doing the milling and doing an overlay on that. He thought that would yield a much better result and take care of a lot of the issues that exist now. Councilmember Stone said he just wanted to make sure it was going to be a good job. It was the right thing to do. September 23, 2025 City Council | Minutes Page 14 of 20  Councilmember Puccinelli said he was sympathetic to his dilemma because costs were outrageous anyway but no matter what, something had to be done. If they can save costs, he was all for milling it and taking care of it that way Mr. Stanton, City Attorney, said there were four different proposed motions, but really there were two because the denial or conditional acceptance led to the same place. He noted that there were other things than just the asphalt and asked that if the council was going to require additional work prior to accepting the subdivision improvements, that language be included in the motion. ** A motion was made by Councilmember Stone, seconded by Councilmember Puccinelli to deny acceptance until highpoint ground down, patched, slurry sealed, including crown repair and the public cimporvements satisfy all applicable city standards. Ms. Laughlin asked with that motion, would it come back to council for acceptance. Mr. Stanton, City Attorney responded yes it comes back to council. The motion Passed. (3-2) Councilmember Morris asked Mr. Smales if he had a timeline of when he would be able to do this. Mr. Smales responded there were major issues on hand and he needed to get this thing recorded so he could get the building plans and close on his loan to keep moving. He said he has a four million dollar loan in place, the 30th is the deadline and he could lose the loan. He said he has been asking to bond for this and he was turned down on that bond because of the staff telling him the project needs to be 98-99% completed before it can go to City Council and that is not the process that is supposed to be taking place here, and he thought this has all been handled mis properly on all levels. He said he cannot even get a performance bond now because the city talked to his bonding agency and said there were problems with the asphalt, and that is why they are requiring this bond, and the bond company said if there’s problems they can’t bond you now. He added his relationship with his bonding company is now ruined on this project, he needs to get his final map recorded, and there is so much leverage that the city has on him with this project. Mayor Keener said he wanted Mr. Smales to get it going, but all of the standards are put in place to protect the consumer so that when they invest, they can be assured they’re getting quality. Mr. Smales stated they meet City Code, but he needs to be able to post a performance bond or something. He said they have got to have some clarity on how they’re going to move forward. Mr. Stanton, City Attorney, stated Mr. Smales could get an irrevocable letter of credit from the bank and he did not have to have a performance bond. Ms. Laughlin stated that would have worked had the council made the motion to conditionally accept it; he would have been required to bond for the lacking improvements, as well as enter into the maintenance bond because it was accepted. Then he would be able to get the map recorded and have lots of record so he could get permits. Since it was denied, it has to come back to city council when September 23, 2025 City Council | Minutes Page 15 of 20  this improvement has been completed that was conditioned upon, and there’s still all the other things he will still have to bond for if he doesn’t get those done before he comes back to City Council for acceptance. Mayor Keener asked if they was a way to conditionally approve it based on the work being done prior. Mr. Johnson noted one of the recommendations was to conditionally approve it. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Stone to conditionally accept the subdivision improvements for the Mustang Ridge subdivision with the condition that the high points of the existing asphalt be ground down, all the low spots be patched and the entire road be slurry sealed, and that all public improvements satisfy all applicable city standards, together with an overlay on the asphalt. Councilmember Stone asked Mr. Smales if he was going to use licensed contractors that are legally in our city. Mr. Smales stated he is a licensed contractor. Councilmember Stone said the one you hired is not legal to work in the city. Mr. Smales said no, he needed to start looking into that deeper. Cs: Are you gonna use licensed contractors that are legally in our city? John: Yes. I mean yeah. I mean yeah. I mean he is a licensed contractor. CS: Not the one you hired is not legal to work in our city. John: No, I need to start looking into that deeper. Dave: I believe Precision's contractors license has been revoked or suspended. Mr. Smales said it was not Precision, he did not know that it mattered at this point who it is as it sounded like there was not a second. The motion Passed. (3-2) XI. 5:30 P.M. PUBLIC HEARING A. Public Hearing and Second Reading of Ordinance 904 an Ordinance Amending Title 9, Chapter 2 Section 12, Subsection 2, of the Elko City Code Adopting Exceptions to the Requirement That Persons Utilize the City’s Franchisee for the Collection, Transportation and Disposal of Municipal Solid Waste and matters related thereto. FOR POSSIBLE ACTION September 23, 2025 City Council | Minutes Page 16 of 20  The proposed ordinance amends Section 12, Subsection 2 of Ordinance 900 in clarifying owners and occupants and That Persons Utilitze the City’s Franchisee for The Collection, Transportation and Disposal of Municipal Solid Waste. DJ Mr. Johnson said this is the second reading for proposed Ordinance 904, which is clarifying the language to show that persons utilize the franchisee for municipal waste. Mayor Keener called for public comment and did not receive a response. ** A motion was made by Councilmember Stone, seconded by Councilmember Morris to adopt The motion passed unanimously. (5-0) B. Public Hearing and Second Reading of Ordinance 905 an Ordinance Amending Ordinance 903 Title 1, Chapter 16, Section 4 of the Enforcement Code of the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The proposed ordinance amends Ordinance 903 Title 1, Chapter 16, Section 4 of the Enforcement Code of the City of Elko, allowing the City Council by resolution to delegate to the Enforcement Official the authority to enforce any other title or subpart thereof contained in the Code. The Enforcement Official shall, in enforcing another title, follow the regulations contained in that title and coordinate with all other City officials authorized to enforce that title. DJ Mr. Johnson said Ordinance 905 amended Ordinance 903 and includes six additional chapters for the enforcer to enforce under the direction of the appointed officials or directors of those titles. Mayor Keener said this would be good for the Code Enforcement Officer and give them a little bit of teeth to enforce what’s on the books. He called for public comment and did not receive a response. ** A motion was made by Councilmember Lostra, seconded by Councilmember Puccinelli to approve The motion passed unanimously. (5-0) X. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 19-25, a Resolution Delegating Specified Enforcement Authority to the Enforcement Official, and matters related thereto. FOR POSSIBLE ACTION The proposed resolution allows the Enforcement Official the Authority to enforce any other title or subpart contained in the code. The Enforcement Official shall, enforce all other titles following the regulations contained in that title of the code. The Enforcement Official shall September 23, 2025 City Council | Minutes Page 17 of 20  coordinate with all other City Officials authorized to enforce that specific title of the code. DJ Mr. Johnson said the resolution delegated specific authority to the Enforcement Official to enforce the code that was just approved. Mayor Keener called for public comment and did not receive a response. ** A motion was made by Councilmember Lostra, seconded by Councilmember Morris to approve 19-25 The motion passed unanimously. (5-0) XII. SUBDIVISION (Continued) Ms. Laughlin addressed Mr. Stanton about stating in the subdivision that they needed to make a motion to amend the previous motion. Mr. Stanton clarified withdraw the previous motion. Ms. Laughlin stated Rachel Randall, Planning Technician, had not heard anyone make that. Mr. Stanton stated they could have a clarifying motion that the original motion that was passed on the agenda item XII Item A is withdrawn and replaced with the subsequent motion that was voted upon. ** A motion was made by Councilmember Stone, seconded by Councilmember Puccinelli to clarify that the original motion that was passed on the agenda item XII Item A is withdrawn and replaced with the subsequent motion that was voted upon. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener reported reminded everyone he would be out for the next meeting and that their esteemed Mayor Pro Tem will be leading the way. Councilmember Lostra reported the Elko County REALTORS were hosting their annual Quarter Auction at the Convention Center Saturday September 27th. All proceeds were going to Endless Pawsibilities. September 23, 2025 City Council | Minutes Page 18 of 20  B. City Manager Ms. Baum reiterated the strategic planning workshop would be November 4th and would be an all day event at the E Center. She said she would send out emails once Mr. Steinnman gave her the details. She added that Nevada League of Cities begins October 26th and lasts until Tuesday October 28th and is in Henderson. C. Assistant City Manager Mr. Johnson said he wanted to thank staff for all of their work on that subdivision. It had been countless hours over the past few months. D. Utilities Director No Report I. Police Chief Police Chief Ward reported they were having their First Tuesday event on October 7th at 5:00 PM at the airport. F. Airport Manager Jim Foster, Airport Manager, reported First Tuesday would be at the Elko Regional Airport and would have free parking. He added they had a very successful SkyFair event and after a short break they would start the process all over again with planning for the next one. He said they had heard a lot of good feedback from the public and they will make some improvements to it as well. H. Fire Chief Fire Chief Johnston reported their open house would be on October 9th from 5 to 7 pm. They were going to have hot dogs for the kids to roast and lessons about charging and keeping safe practices with lithium ion batteries. L. Development Manager No Report O. Civil Engineer No Report P. Building Official No Report September 23, 2025 City Council | Minutes Page 19 of 20  E. Public Works No Report N. Parks and Recreation Director Nikki Johnson, Swimming Pool Manager, reported that she, Ms. Baum and Mr. Wiley had a meeting to discuss the swimming pool closure. They were looking at closing for Thanksgiving, from the 27th through the 30th, and reopening Monday December 1st. The pool is scheduled to close December 23rd as long as the Rec Center is still going to open on January 5th. Mr. Wiley reported this is the time of year where they start to prepare for winterizing all of their parks, the golf course and the restroom facilities. They usually start around the first part of October and finish by the end of October. They will bring in portable potties for the restrooms for the rest of the winter. They had a little prep work up at SnoBowl; they needed to reinstall chairs back onto the lift and they needed to conduct their annual inspection on the lift and tow rope. After that they would basically be waiting on snow. K. City Planner No Report G. City Attorney J. City Clerk M. Financial Services Director 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 and did not receive a response. There being no further business, Mayor Reece Keener adjourned the meeting at 6:32 PM. Mayor Reece Keener Annette Robinson, City Clerk September 23, 2025 City Council | Minutes Page 20 of 20