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REGULAR MEETNG AGENDA

Regular Meeting

Elko, NV · October 10, 2023

AgendaPacketMinutes

Minutes

City of Elko ) County of Elko ) State of Nevada ) SS October 10, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, October 10, 2023. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Candi Quilici, Accounting Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer Jason Pepper, Police Lieutenant Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief III. PLEDGE OF ALLEGIANCE October 10, 2023 City Council | Minutes Page 1 of 15 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 Rusty Bahr, Boys and Girls Club, stated we are pretty much done with the Rec Center plans now. We have the renderings and will be presenting those to the community on the 24th. We tried to make it clear that at this time we will not be building the Rec Center or the Event Center on the Kump or the Herrera Fields. We think it will be better to leave those fields there. The board made the decision to relocate. Also, he is getting phone calls, and when we build the Rec Center, it will not disrupt the current pool. Mayor Keener stated there is a community concert tonight at 7:00 pm at the Elko High School Performing Arts Center. V. APPROVAL OF MINUTES A. September 26, 2023 Regular Session August 29, 2023 Special Session The minutes were approve by general consent. VIII. PERSONNEL A. Employee Introductions: 1.) Liz Miller, Full Time Police Records Technician, Police Department 2.) Tabitha Collins, Animal Shelter Worker I, Animal Shelter 3.) Ralph Negron, Development Manager, Community Development 4.) Kenny Carter, Equipment Operator I, Street Department Mayor Keener asked the Animal Shelter Manager how things are going at the shelter. Alyssa Mangum, Animal Shelter Manager, answered there was a Facebook post recently about the shelter being full. The community stepped up and we are looking good now. We also just had some extra spay and neuter days to move the animals out of the shelter. All new employees were present and introduced. VI. PRESENTATION A. Presentation by Ashley Shiwarski, Senior Director for HomeServe Solutions for Municipalities and Homeowners. The National League of Cities (NLC) Service Line Warranty Program for line protection and SERVLINE leak protection would allow customers to purchase coverage for costly water and sewer repairs through a program that October 10, 2023 City Council | Minutes Page 2 of 15 would be a partner with the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The Water and Sewer Department responds to a large number of service calls each year where we have to explain to homeowners that they will need to hire a plumber to fix water and sewer service lines on their property. Many of our customers are unaware that they are responsible for these costly repairs. The NLC Service Line Warranty Program helps cover these costly repairs with their line protection coverage. The Servline Leak Protection coverage helps cover the costs of high water bills due to leaks. Customers would have to purchase coverage through HomeServe to receive benefits. DJ Ashley Shiwarski, Senior Director for HomeServe Solutions, gave a presentation (attached to the agenda). Mayor Keener read the agenda item into the record. Dale Johnson, Utilities Director, explained if Council were to take action, the recommendation would be to have staff bring an agreement back for this to cover customers. We haven't gone through the agreements with the City Attorney. Mayor Keener said he has received a number of calls from residents in the tree streets. One was heart wrenching. Within 30 days of buying the home, they found the sewer line had collapsed. This policy would be a great option for consumers. It puts city staff in a defensive position when residents don't understand they own what is on their land. Councilwoman Simons asked sometimes with home insurance, when something is an accident, it might be covered. But when something happens over time, how does your program handle that? Ms. Shiwarski answered their insurance is written to cover where the homeowner's policy leaves off. Mayor Keener has talked to other city elected officials with the league that have signed onto this. They have all felt this was positive for their residents. He was in support of it. If the board does move forward, do we want the at-cost agreement or the one that includes a bit of revenue for the City? If this is approved, he wanted to go forward with no renumeration coming back to the city. Dave Stanton, City Attorney, gave his suggestion for a motion. ** A motion was made by Council Member Morris, seconded by Council Member Stone to direct staff to explore and agreement with HomeServe Solutions that does not include the generation of revenue for the City. The motion passed unanimously. (5-0) B. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM October 10, 2023 City Council | Minutes Page 3 of 15 At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance as follows: 1. Removal of Unauthorized Persons 2. Security Services 3. Security Fence 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. JB Jan Baum, City Manager, reported there is not much to update on. There is no change on the removal of authorized persons. Regarding security services, later on this agenda, the owner is requesting to allow the current security arrangement. The access points in the fence have been secured. The new security system has been purchased and the installation should be this week. There is at least one new complaint from a citizen. Law enforcement has indicated the activity has decreased substantially. Mayor Keener called for public comments. Bob Thibault, Court Street, stated various people are still going through the fence. It is not secured. They are parking cars all over the neighborhood. There is still significant activity there. Councilman Stone asked if people are still living there. Mr. Thibault didn't know who is sleeping there but he sees people going in and out of the fence. We are told what we want to hear but what is happening in the neighborhood is a different story. There was some discussion about issues going on at the property and how the recordings will be made available. Dave Stanton, City Attorney, said the recordings are supposed to be made available to the Police. We can request it and they will have a reasonable amount of time to make it available. X. NEW BUSINESS A. Update, discussion and possible direction to Staff regarding the Recreation Center, Event Center and Sports Complex Phase II Projects, and matters related thereto. FOR POSSIBLE ACTION On May 23, 2023 Council received an update on the Recreation Center, Event Center and Sports Complex Phase II. These projects are interrelated since they either involve property subject to Land and Water Conservation Fund (LWCF) Grants or possible conversion property. This is a further update on those projects based on information received from the October 10, 2023 City Council | Minutes Page 4 of 15 State of Nevada Division of State Parks concerning LWCF issues. This information may assist the Council in choosing a path forward on these projects. JB Jan Baum explained Rusty Bahr informed her the board decided to look for other properties for the event center. She gave a presentation (included in the packet). Mayor Keener didn't think we needed action. Ms. Baum said Council should probably make a motion that the event center will not be located at the Kump/Herrera Fields. Rusty Bahr said the fields should remain and we will look for a different location. Mayor Keener called for public comments. Shelley Smith, Elko, said it was a fantastic headline in the newspaper. She was wondering if there is any sort of guarantee that the City Council can make that no one is going to change their minds and decide to do this at the fields. Dave Stanton said this Council cannot obligate future Councils. ** A motion was made by Council Member Simons, seconded by Council Member Morris to declare the Event Center will not be at Kump or Herrera Fields. The motion passed unanimously. (5-0) VII. CONSENT AGENDA A. Review, discussion, and possible approval of letters supporting Nevada Gold Mines’ Goldrush and Robertson Projects in Lander and Eureka Counties, and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting on September 26, 2023 a representative from Nevada Gold Mines gave an update on mine operations and permitting for the Goldrush and Robertson Projects in Lander and Eureka Counties. These letters are written to the BLM voicing support of these projects. JB B. Review, discussion and possible approval of a letter supporting the Great Basin Children’s Advocacy Center for donors and grantors, demonstrating the need and benefits of their contribution and matters related thereto. FOR POSSIBLE ACTION The City of Elko has supported the Great Basin Children’s Advocacy Center through conveyance of land, funds for related public improvements and internet fiber. The center is a benefit to the City of Elko and surrounding communities. The center is also a critical component for Elko Police Department investigations. Elko County has requested a letter October 10, 2023 City Council | Minutes Page 5 of 15 supporting the Great Basin Children’s Advocacy Center for donors and grantors, demonstrating the need and benefits of their contribution. JB C. Review, consideration, and possible acceptance of a Corrective Deed from City of Elko to County of Elko for the conveyance of 1401 College Avenue, referred to as APN 001-200- 002, and matters related thereto. FOR POSSIBLE ACTION County of Elko is showing the City of Elko as owner of the referenced parcel although the deed was recorded May 17, 2021. County of Elko stated that they were not showing a change in ownership due to an error in the legal description that was recorded with the deed. This corrective deed has a new legal description attached with will correct the error. CL ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the consent agenda. The motion passed unanimously. (5-0) VIII. PERSONNEL (Cont.) B. Review, consideration, and possible approval of revisions to "Chapter 9 Employee Separation," "Chapter 10 Performance Management," "Chapter 11 Disciplinary Actions and Appeals" and "Chapter 12 Dispute Resolution" of the City of Elko Human Resources Personnel Policy Manual, and matters related thereto. FOR POSSIBLE ACTION POOL/PACT released updated sample policies in July 2023, and we are presenting suggested revisions for Council approval. Revisions to the following Chapters are included in the agenda packet with any significant changes highlighted for reference: Chapter 9 - Employee Separation Chapter 10 - Performance Management Chapter 11 - Disciplinary Actions and Appeals Chapter 12 - Dispute Resolution SS Susie Shurtz, Human Resources Manager, explained this is the next four in the line of policy updates. The biggest changes are in Chapter 11. Mayor Keener asked if we are giving up anything with these changes. Ms. Shurtz answered no. Mayor Keener asked about prohibited substances. Where is the definition. Ms. Shurtz thought that was a change from POOL/PACT. Dave Stanton, City Attorney, agreed the mayor makes a good point. We can add a definition. October 10, 2023 City Council | Minutes Page 6 of 15 Ms. Shurtz said there are definitions and she will bring them to the next meeting. She will make sure that is in there. Mayor Keener wanted a citation to where the definition can be found. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the revisions to the City of Elko Human Resources Personnel Policy Manual for Chapters 9, 10, 11 and 12 as presented, with adding the definition of prohibited substances. The motion passed unanimously. (5-0) IX. APPROPRIATION A. Review and possible approval of Alliance Document Technologies Warrant, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Alliance Document Technologies warrant in the amount of $126. The motion passed. (4-0 Mayor Keener abstained.) B. 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 Stone to approve the regular warrants in the amount of $1,686,080.45. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the hand-cut checks in the amount of $187,874.25. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the utility refunds in the amount of $1,328.96. The motion passed unanimously. (5-0) X. NEW BUSINESS (Cont.) B. Review, discussion and possible approval of a request from Ville 837, LLC, commonly known as the Elko Inn, to modify the Council’s Order dated August 30, 2023, Subpart number two (2), which states, “the property owner shall provide the City Clerk with proof October 10, 2023 City Council | Minutes Page 7 of 15 that it has contracted with a licensed security service in the State of Nevada to provide security at the property 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property.” and matters related thereto. FOR POSSIBLE ACTION. At the Elko City Council Special Meeting held on August 29, 2023, the City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. In response to the property being declared a nuisance, the City Council issued a Notice Pursuant to Elko City Code Section 5-1-9 of Elko City Council, Findings, Conclusions, and Order(s) Concerning Property at 837 Idaho Street to Ville 837, LLC, A Utah Limited Liability Company (Property Owner). This Order included four (4) subparts. Subpart Number 2 of the Order number two (2) states: 2. Security Services (a) Within five (5) business days of proof of receipt of notice in accordance with Elko City Code Section 5-1-9, the property owner shall provide the City Clerk with proof that it has contracted with a licensed security service in the State of Nevada to provide security at the property 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property. (b) Within ten (10) business days of proof of receipt of notice in accordance with Elko City Code Section 5-1-9, the property owner shall ensure that the security service is physically present on the property and thereafter continues to provide security service 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property. The property owner is requesting that the City Council modify the Order to allow their contracted property management firm (Vernal Real Estate Partners, LLC) to provide the security at the property 24 hours per day, 7 days per week rather pursuant to its contract. Vernal Real Estate Partners, LLC is not a licensed security service in the State of Nevada. KW Kelly Wooldridge, City Clerk, explained she was expecting the property owner to be present or on the GoToMeeting but they are not here to represent themselves and she was not sure how to proceed without them. She let the property owner know about the meeting and sent him the link shortly after the agenda was posted. Mayor Keener asked if she tried reaching out to Allied. Ms. Wooldridge answered she did but she did not hear back from them. It was her understanding that it would be difficult filling spots for that. There are 2 companies that are licensed in the City. The other company would have to put the position out to bid and they said it would be a very long process. Mayor Keener asked the City Attorney for suggestions. October 10, 2023 City Council | Minutes Page 8 of 15 Dave Stanton, City Attorney, said one suggestion is to table this until the next meeting. There seems to be a practical problem compelling them to comply with the order as written. This is an important issue. Council can take into account they are not here. Councilman Morris said the fence is not secure and the garbage is stacked up. It will turn into a mess and they have not fixed anything. Mayor Keener said the water is being shut off first thing in the morning. Councilwoman Simons thought it was against the law to have people living there without water. Mr. Stanton said they could be violating the code if they have people living there without water. Mayor Keener asked Dave what kind of remedies are available to the City. Mr. Stanton answered if Council decided to deny the request we can look at all of the circumstances. Once they have failed to comply with the order by the dates in the order, we can talk about civil penalties. Council also has the authority to impose civil penalties and abate the nuisance. This is difficult because it would involve hiring a security service. If they don't pay it we can place a lien on the property. Mayor Keener called for public comments without a response. Councilman Puccinelli said he is usually able to give people the benefit of the doubt. In this case, he doesn't trust the property owner. Nothing they have said has come to fruition. If we table this we are kicking it down the road. He was not in favor of that. Mr. Stanton felt it would be beneficial to hear from members of City Staff who might have some first- hand knowledge whether or not this has improved or not. He hears discussion that nothing has gotten better but he hears something different from other members of staff. Scott Wilkinson, Assistant City Manager, felt we should hear from the Police Department. It is his understanding the criminal activity has significantly reduced. We have received complaints where people speculate criminal activity. We have heard of people coming and going from the property but it is not associated with criminal activity. When this was brought to Council, it was due to the criminal activity. They have made progress to that end. When he drives by, he sees open curtains in all the windows. They are cleaning out the rooms and that is why the dumpsters are full of trash. Things are not out of control like they were. What will happen when the bank owns it? We need to work with the property owner to get this to where we need it. When banks own property, the property goes into disrepair. Mr. Stanton noted there is over $3 million in deeds of trust on this property. Jeff Ford, Building Official, stated he has had no contact with the owners for a while. Kurstin Greenlund, Enforcement Officer, stated the same. October 10, 2023 City Council | Minutes Page 9 of 15 Chief Johnston said there have been no medical calls over the last month. Lt. Pepper said there have been 12 calls there last month. They want an unlicensed out of state company to come into town for security. We don't even let people sell food if they are not licensed. He felt that was a real problem. Ms. Baum said they could get licensed in the next 2 weeks. We should know that the cameras are up by then. There are a lot of things that are a day or a couple of days away. Councilman Stone said hiring security will cost them a large amount of money. They don't want to do it so they are getting creative to slip it through. Councilwoman Simons said we give them 2 weeks and if their water is turned off and they have made no progress with hiring security, we will know. Lee Hoffman, 1085 Barrington Ave., said he senses a great deal of frustration. It seems to him there is a potential motion for Council to make, trying to take into account, giving a little bit of latitude to the property owner at the same time trying to make some progress. It seems he heard two resolutions from the attorney but without enough information to take action. He suggested take no action but request staff to come back with clarity on the civil penalties and ask staff to find out what it would cost the City to do the abatement themselves by hiring an outside firm. Mr. Stanton said there may be some service of process issues involving the date and the time for compliance. We can come back with something like that on the 24th. It may only comply with the commencement of work and not the completion of work. We can do that. But if they have not completed the work within 30 days of service, that is a much more serious issue. That would be the meeting after next. It is a timing issue. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to direct staff to bring back this item at the next Council Meeting, along with clarity on civil penalty and other remedial measures and enforcement options. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 887 adopting a change in zoning district boundaries from C (General Commercial) and GI (General Industrial) to LI (Light Industrial) Zoning District involving approximately 12.379 acres of property, specifically APN 001-630-103, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 4-23 at their meeting October 3, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from C (General Commercial) and GI (General Industrial) to LI (Light Industrial) Zoning District for APN 001-630-103. CL October 10, 2023 City Council | Minutes Page 10 of 15 Cathy Laughlin, City Planner, explained at the last Council Meeting, there was a parcel map the Council approved. This is the same area. Many years ago we dedicated the extension of Silver Street through this parcel. Instead of splitting it into several parcels, it stayed assessed as one parcel. The one parcel had several zoning districts on it. Several meetings ago, we had discussed selling a portion of this parcel to a business on Silver Street. That would create dual zoning on their parcel. The only way to clean this up is we need to rezone the entire parcel. That will also help us with the sale of the portion of the parcel. This was taken to Planning Commission and they recommended first reading. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conduct first reading of Ordinance No. 887 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. Ratification of the Police Chief issuing a 70-day Temporary Retail Wine and Beer Liquor License and issue a regular Retail Wine and Beer License, to Nicolas and Sandra Avila, DBA Pizza Barn, located at 2598 Idaho Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Lt. Jason Pepper said there are no issues with the application and recommended approval. ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the Police Chief issuing a 70-day temporary retail wine and beer liquor license and issue a regular Retail Wine and Beer License, to Nicolas and Sandra Avila, dba Pizza Barn, located at 2598 Idaho Street, Elko, Nevada The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener reported on a Government Affairs Meeting that is held once a month at the Chamber of Commerce. He was at the grand opening for a new radio station at the college. He and Jan were able to meet with Glen from Nevada League of Cities. We don't have anything pressing since the legislative session is over but he wanted to get to know more about the City of Elko. Nevada Association of Counties Convention was held and they spoke about the Air Service subsidy program. He brought up the land donation for the Child Advocacy Center and other cooperative agreements. He is hoping for clear skies on Saturday to enjoy the eclipse. October 10, 2023 City Council | Minutes Page 11 of 15 Councilwoman Simons said the Mayor's Arts Awards will be November 8th at 4:30 p.m. Councilman Morris had the opportunity to tour the Child Advocacy Center. They did a great job on it. Councilman Stone said almost all the hotels are full for the eclipse. B. City Manager Jan Baum said at the next meeting, we will be bring another MRG agreement for the 4th quarter of 2023. They will have a meeting on Thursday with Airplanners to discuss the agreement. We had our first Flight Alliance Meeting and will hopefully have another meeting in a month. She and Jim flew down to Phoenix last Wednesday to meet with the FAA. It went well and the FAA was open to options and discussion. She mentioned that we threw together an event for the eclipse with some glasses and food trucks at the park. The airport will also hand out glasses if you buy a cup of coffee. Mayor Keener said the board recognizes the fact that she is holding down two position duties right now. C. Assistant City Manager Mayor Keener noted Scott Wilkinson just got done with his double duty. Scott Wilkinson said he has had assistance doing it. We are taking a look at that position through our salary survey we are doing. After that we will recruit to backfill that position. Jan Baum said the kickoff for the study is tomorrow morning. Mayor Keener said he saw in the payables, there was the Errecart Blvd Summit Engineering. Mr. Wilkinson said Dale had some good news on that. D. Utilities Director Dale Johnson said we did receive revised plans with an engineer’s estimate in the range of $10.5 million for that project. Scott Wilkinson said that was to the 5200 tank. It is not the complete run on that. We are also working with JTM on the land exchange. Mayor Keener asked about ribs scarification on the payables. Mr. Johnson answered that was out at the WRF. It is the RIBS on the wastewater ponds. E. Public Works Director October 10, 2023 City Council | Minutes Page 12 of 15 F. Airport Manager G. City Attorney No report. H. Fire Chief Chief Johnston reported their event will be Friday 13th. They will be handing out glasses as well. It is getting big with our prevention event. Everyone is invited. We will have donuts, cider, and popcorn balls. It will be 6:00-8:00 pm. I. Police Chief No report. J. City Clerk Diann Byington reported on the Spatial Generations cemetery software. It is coming along. She can log in and do everything, however, the other log-ins we talked about are unable to make any edits. We have not tested the public side of the software yet. Mayor Keener said some cemeteries have a smart phone based system where you take a picture of the QR code. Ms. Byington said we asked about the QR codes specifically and they said it would be easy to do. Mayor Keener talked about the Daughters of the Revolution that did some mapping for cemeteries. Ms. Byington stated our software does connect to a map so people can find loved ones. It gives them an aerial view and zooms into where the specific graves are. K. City Planner No report. L. Development Manager No report. M. Financial Services Director Mayor Keener said he appreciates the tax reports that have been sent out. It is good to see some revenues going up. N. Parks and Recreation Director October 10, 2023 City Council | Minutes Page 13 of 15 James Wiley said there is a big event this weekend at the SnoBowl. It is an off-road motorcycle race. This will be the last one at the SnoBowl for several years. They usually bring their trailers and RV's and stay at the SnoBowl. We are scheduled to start a race around the same time the eclipse occurs. We are in the process of putting things to bed for the winter. We will put out a notice on social media that the restrooms will be closing starting next week. We will be bringing sani-huts to the parks for the winter. Mayor Keener asked if the goats will be grazing for the winter. Mr. Wiley answered no. We send them back to Utah for the winter. He will be leaving on Monday and return next May. Mayor Keener asked if pulling the plug on the Sports Complex Phase 2, do we have any outstanding work with MGB&A? Mr. Wiley answered Phase 2 design work is complete but we have some work to do on Phase 1. We are looking to get some concrete work done in phase 1. Mayor Keener asked about the cemetery software. Mr. Wiley answered it is being used but we are working out some bugs in it. We have one log-in working properly and we are working on getting some other log-ins working. All of our data has been moved from the server to the cloud. The public will be able to access too. O. Civil Engineer Bob Thibault reported on the Ruby Vista project. We are nearing completion. P. Building Official Mayor Keener said he saw the report from last September. Are you seeing anything in the pipeline that looks promising? Jeff Ford said housing is slow. We are expecting a project for Sandvik and a couple of others. Scott Wilkinson said Council has approved plans for subdivisions. It is a matter of interest rates and affordability. Mayor Keener asked about the temple project. Mr. Ford said they might be halfway done. Councilwoman Simons said they are estimating early 2025 for completion. XIV. COMMENTS BY THE GENERAL PUBLIC October 10, 2023 City Council | Minutes Page 14 of 15 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 reminded the community concert starts at 7pm. Lee Hoffman, 1085 Barrington Ave., thanked council for scheduling the ring of fire eclipse for Saturday. Mayor Keener indicated he was asked at to speak at the Nevada Association of Counties. As he was preparing the comments, there was nothing on there related to Cowboy Poetry. He went outside his comfort zone and delivered a poem. He recited the poem (attached to the packet). There being no further business, Mayor Reece Keener adjourned the meeting at 5:59 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk October 10, 2023 City Council | Minutes Page 15 of 15

Agenda

CITY OF ELKO CITY MANAGER 1751 COLLEGE AVENUE ELKO, NEVADA 89801 (775) 777-7110/FAX (775) 777-7119 PUBLIC MEETING NOTICE The Elko City Council will meet in regular session on Tuesday, October 10, 2023 at 4:00 P.M., P.D.T. in the Council Chambers at Elko City Hall, 1751 College Avenue, Elko, Nevada. The public can view the virtual meeting on a computer, laptop, tablet or smart phone at: https://ob.elkocitynv.gov/onbaseagendaonline or https://meet.goto.com/232234661 You can also dial in to the meeting: +1 (872) 240-3212 Access Code 232-234-661 Attached with this notice is the agenda for said meeting of the Council. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocitynv.com the State of Nevada’s Public Notice Website at https://notice.nv.gov and in the following locations: ELKO CITY HALL 1751 College Avenue, Elko, NV 89801 Date/time Posted: 9:00 A.M., P.D.T. Thursday, October 5, 2023 Posted by: Kim Wilkinson Administrative Assistant The public may contact Kim Wilkinson by phone at (775) 777-7110 or email at kwilkinson@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available on the City website at http://www.elkocity.com Dated this 5th day of October, 2023 NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the City of Elko, City Manager's Office, 1751 College Avenue, Elko, Nevada, 89801, or by calling (775) 777-7110. Jan Baum, City Manager Elko, Nevada October 10, 2023 Elko City Council Page 1 City of Elko Regular Meeting Agenda City Council Meeting Tuesday, October 10, 2023, 4:00 P.M., P.D.T. Elko City Hall, Council Chambers 1751 College Avenue, Elko, NV, 89801 https://ob.elkocitynv.gov/onbaseagendaonline https://meet.goto.com/232234661 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 III. PLEDGE OF ALLEGIANCE 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 V. APPROVAL OF MINUTES A. September 26, 2023 Regular Session August 29, 2023 Special Session VI. PRESENTATION A. Presentation by Ashley Shiwarski, Senior Director for HomeServe Solutions for Municipalities and Homeowners. The National League of Cities (NLC) Service Line Warranty Program for line protection and SERVLINE leak protection would allow customers to purchase coverage for costly water and sewer repairs through a program that would be a partner with the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The Water and Sewer Department responds to a large number of service calls each year where we have to explain to homeowners that they will need to hire a plumber to fix water and sewer service lines on their property. Many of our customers are unaware that they are responsible for these costly repairs. The NLC Service Line Warranty Program helps cover these costly repairs with their line protection coverage. The Servline Leak Protection coverage helps cover the costs of high water bills due to leaks. Customers would have to purchase coverage through HomeServe to receive benefits. DJ October 10, 2023 Elko City Council Agenda Page 2 of 7 B. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance as follows: 1. Removal of Unauthorized Persons 2. Security Services 3. Security Fence 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. JB VII. CONSENT AGENDA A. Review, discussion, and possible approval of letters supporting Nevada Gold Mines’ Goldrush and Robertson Projects in Lander and Eureka Counties, and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting on September 26, 2023 a representative from Nevada Gold Mines gave an update on mine operations and permitting for the Goldrush and Robertson Projects in Lander and Eureka Counties. These letters are written to the BLM voicing support of these projects. JB B. Review, discussion and possible approval of a letter supporting the Great Basin Children’s Advocacy Center for donors and grantors, demonstrating the need and benefits of their contribution and matters related thereto. FOR POSSIBLE ACTION The City of Elko has supported the Great Basin Children’s Advocacy Center through conveyance of land, funds for related public improvements and internet fiber. The center is a benefit to the City of Elko and surrounding communities. The center is also a critical component for Elko Police Department investigations. Elko County has requested a letter supporting the Great Basin Children’s Advocacy Center for donors and grantors, demonstrating the need and benefits of their contribution. JB C. Review, consideration, and possible acceptance of a Corrective Deed from City of Elko to County of Elko for the conveyance of 1401 College Avenue, referred to as APN 001-200-002, and matters related thereto. FOR POSSIBLE ACTION County of Elko is showing the City of Elko as owner of the referenced parcel although the deed was recorded May 17, 2021. County of Elko stated that they were not showing a change in ownership due to an error in the legal description that was recorded with the deed. This corrective deed has a new legal description attached with will correct the error. CL October 10, 2023 Elko City Council Agenda Page 3 of 7 VIII. PERSONNEL A. Employee Introductions: 1.) Liz Miller, Full Time Police Records Technician, Police Department 2.) Tabitha Collins, Animal Shelter Worker I, Animal Shelter 3.) Ralph Negron, Development Manager, Community Development 4.) Kenny Carter, Equipment Operator I, Street Department B. Review, consideration, and possible approval of revisions to "Chapter 9 Employee Separation," "Chapter 10 Performance Management," "Chapter 11 Disciplinary Actions and Appeals" and "Chapter 12 Dispute Resolution" of the City of Elko Human Resources Personnel Policy Manual, and matters related thereto. FOR POSSIBLE ACTION POOL/PACT released updated sample policies in July 2023, and we are presenting suggested revisions for Council approval. Revisions to the following Chapters are included in the agenda packet with any significant changes highlighted for reference: Chapter 9 - Employee Separation Chapter 10 - Performance Management Chapter 11 - Disciplinary Actions and Appeals Chapter 12 - Dispute Resolution SS IX. APPROPRIATION A. Review and possible approval of Alliance Document Technologies Warrant, and matters related thereto. FOR POSSIBLE ACTION B. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE ACTION X. NEW BUSINESS A. Update, discussion and possible direction to Staff regarding the Recreation Center, Event Center and Sports Complex Phase II Projects, and matters related thereto. FOR POSSIBLE ACTION On May 23, 2023 Council received an update on the Recreation Center, Event Center and Sports Complex Phase II. These projects are interrelated since they either involve property subject to Land and Water Conservation Fund (LWCF) Grants or possible conversion property. This is a further update on those projects based on information received from the State of Nevada Division of State Parks concerning LWCF issues. This information may assist the Council in choosing a path forward on these projects. JB B. Review, discussion, and possible approval of a request from Ville 837, LLC, commonly known as the Elko Inn, to modify the Council’s Order dated August 30, 2023, Subpart number two (2), which states, “the property owner shall provide the City Clerk with proof that it has contracted October 10, 2023 Elko City Council Agenda Page 4 of 7 with a licensed security service in the State of Nevada to provide security at the property 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property.” and matters related thereto. FOR POSSIBLE ACTION At the Elko City Council Special Meeting held on August 29, 2023, the City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. In response to the property being declared a nuisance, the City Council issued a Notice Pursuant to Elko City Code Section 5-1-9 of Elko City Council, Findings, Conclusions, and Order(s) Concerning Property at 837 Idaho Street to Ville 837, LLC, A Utah Limited Liability Company (Property Owner). This Order included four (4) subparts. Subpart Number 2 of the Order number two (2) states: 2. Security Services (a) Within five (5) business days of proof of receipt of notice in accordance with Elko City Code Section 5-1-9, the property owner shall provide the City Clerk with proof that it has contracted with a licensed security service in the State of Nevada to provide security at the property 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property. (b) Within ten (10) business days of proof of receipt of notice in accordance with Elko City Code Section 5-1-9, the property owner shall ensure that the security service is physically present on the property and thereafter continues to provide security service 24 hours per day, 7 days per week for the purpose of preventing unauthorized activities on the property. The property owner is requesting that the City Council modify the Order to allow their contracted property management firm (Vernal Real Estate Partners, LLC) to provide the security at the property 24 hours per day, 7 days per week rather pursuant to its contract. Vernal Real Estate Partners, LLC is not a licensed security service in the State of Nevada. KW XI. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 887 adopting a change in zoning district boundaries from C (General Commercial) and GI (General Industrial) to LI (Light Industrial) Zoning District involving approximately 12.379 acres of property, specifically APN 001-630-103, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 4-23 at their meeting October 3, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from C (General Commercial) and GI (General Industrial) to LI (Light Industrial) Zoning District for APN 001-630-103. CL XII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 70-day Temporary Retail Wine and Beer Liquor License and issue a regular Retail Wine and Beer License, to Nicolas and Sandra Avila, DBA Pizza Barn, October 10, 2023 Elko City Council Agenda Page 5 of 7 located at 2598 Idaho Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION XIII. REPORTS A. Mayor and City Council B. City Manager C. Assistant City Manager D. Utilities Director E. Public Works Director F. Airport Manager G. City Attorney H. Fire Chief I. Police Chief J. City Clerk K. City Planner L. Development Manager M. Financial Services Director N. Parks and Recreation Director O. Civil Engineer P. Building Official XIV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN October 10, 2023 Elko City Council Agenda Page 6 of 7 NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Respectfully Submitted, Jan Baum, City Manager Elko, Nevada October 10, 2023 Elko City Council Agenda Page 7 of 7

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