City Council

CITY OF ELY 501 Mill Street Ely, Nevada 89301 City Hall (775) 289-2430 Cityofelynv.gov ELY CITY COUNCIL REGULAR MEETING June 12, 2025, 5:00 p.m. – Ely Volunteer Fire Hall – 499 Mill Street – Ely, Nevada The Ely City Council meeting can also be accessed via video conference/teleconference. Please call City Hall or email CityClerk@cityofelynv.gov if you have questions regarding accessing the meeting. Link: https://zoom.us/j/9771306332 Meeting ID: 977 130 6332 Please Note: If you log on and experience difficulty hearing the meeting, please also call the toll-free numbers. Dial by your location: +877-853-5247 US Toll-free +888-788-0099 US Toll-free THE COUNCIL MEMBERS MAY ADDRESS AGENDA ITEMS OUT OF SEQUENCE, COMBINE TWO OR MORE AGENDA ITEMS FOR CONSIDERATION, REMOVE AN ITEM OR DELAY DISCUSSION AT ANY TIME TO ACCOMMODATE PERSONS APPEARING BEFORE THE COUNCIL OR TO AID IN THE EFFICIENCY AND EFFECTIVENESS OF THE MEETINGS. 1. OPENING ACTIVITIES: MEETING CALLED TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL 2. PUBLIC COMMENT: Per City Council action October 27, 2022, and in accordance with Nevada Revised Statutes 241.020, public comment at the beginning of city council meetings is narrowed to agenda items only. The public comment period at the close of city council meetings is for any matter relevant to or within the authority of the Public Body. Comments not exceeding three (3) minutes in length will be accepted from the general public in attendance. If any are made, there may be discussion upon those comments. No vote, decision, or action may be taken upon matters raised under this item until it is formally placed on the agenda. Comments during Discussion Items will not be accepted from the General public. “Section 7.05 of the Nevada Open Meeting Law Manual indicates that the Public Body may prohibit comment if the content of the comments is a topic that is not relevant to or within the authority of the Public Body or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering with the rights of other speakers”. CC6-12-2025 The City of Ely is an equal opportunity provider and employer. 1 3. Mayor – Discussion/For Possible Action – Approval of Agenda, including removal of agenda items. 4. CITY DEPARTMENT REPORTS  FIRE CHIEF  POLICE CHIEF  MUNICIPAL COURT JUDGE  CITY ATTORNEY  CITY CLERK  Liens  Lien Releases  New Business  CITY TREASURER / HR DIRECTOR  CITY PUBLIC WORKS DIRECTOR  Animal Control  Landfill  Parks/Cemetery  Streets  Water/Sewer  CITY WATER OPERATOR  CITY ENGINEER  CITY BUILDING OFFICIAL  Permits-Inspections 5. NNRY FOUNDATION REPORT 6. REPORTS CITY COUNCIL MAYOR 7. THE MAYOR WILL RECESS THE REGULAR CITY COUNCIL MEETING FOR A PUBLIC HEARING AT 5:30 P.M. ON THE FOLLOWING TOPICS. 1. Councilwoman Van Camp – City Building Official Hendrickson – Public Hearing - Discussion Only – Approval of Second Reading of Ordinance 762, Bill No. 2025-02, An Ordinance amending Title 12, Zoning Regulations, Chapter 6, Commercial Districts, Section 2, Uses, of the City of Ely Municipal Code, to add the category of Town Homes as a permissible Special Use in C-2 General Commercial Districts and C-3 Highway Commercial Districts. Town Homes are still not a permitted use in C-1 Neighborhood Commercial Districts. CC6-12-2025 The City of Ely is an equal opportunity provider and employer. 2 8. DISCUSSION/POSSIBLE ACTION ITEMS PERTAINING TO THE PUBLIC HEARING. 1. Councilwoman Van Camp – City Building Official Hendrickson – Discussion/For Possible Action – Approval of Second Reading of Ordinance 762, Bill No. 2025-02, An Ordinance amending Title 12, Zoning Regulations, Chapter 6, Commercial Districts, Section 2, Uses, of the City of Ely Municipal Code, to add the category of Town Homes as a permissible Special Use in C-2 General Commercial Districts and C-3 Highway Commercial Districts. Town Homes are still not a permitted use in C-1 Neighborhood Commercial Districts. THE MAYOR WILL RECESS THE REGULAR CITY COUNCIL MEETING FOR A MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF ELY 9. ITEMS FOR DISCUSSION/POSSIBLE ACTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ELY. 1. Redevelopment Agency Members – City Treasurer Trask – Discussion/For Possible Action – Approval of Redevelopment Area Residential Grant Application submitted by Property Owners, Rodney J. Lesher and Jennifer Drew-Lesher for $20,000.00. 2. Redevelopment Agency Members – City Treasurer Trask – Discussion/For Possible Action – Approval of Redevelopment Area Commercial Grant Application submitted by Property Owners, Wade Robison and Kathy Long for $31,747.80. THE MAYOR WILL RECESS THE REDEVELOPMENT AGENCY OF THE CITY OF ELY AND RECONVENE THE REGULAR CITY COUNCIL MEETING. THE MAYOR WILL RECESS THE REGULAR CITY COUNCIL MEETING FOR A MEETING OF THE ELY GAMING LICENSING BOARD. 10. ITEMS FOR DISCUSSION/POSSIBLE ACTION OF THE ELY GAMING LICENSING BOARD. 1. Board Members – City Clerk Lee - Discussion/For Possible Action – Approval of Restricted Gaming License to Golden Gate Petroleum of Nevada, LLC located at 147 N. HWY 93, Ely, Nevada. THE MAYOR WILL RECESS THE ELY GAMING LICENSING BOARD AND RECONVENE THE REGULAR CITY COUNCIL MEETING. CC6-12-2025 The City of Ely is an equal opportunity provider and employer. 3 11. ITEMS FOR DISCUSSION/POSSIBLE ACTION OF THE ELY CITY COUNCIL AS RECOMMENDED BY THE MUNICIPAL UTILITIES BOARD. 1. Mayor Robertson – City Engineer Almberg – Discussion/For Possible Action – Approval of proposed Golf Course Irrigation Water Rights terms, revised May 6, 2025, including for the City of Ely to lease at no cost portions of all Irrigation Water Rights to White Pine County associated with APN 010-424-04 for a total combined duty of 420.4 ac-ft/acre (AFA) to be used for irrigation on the Golf Course; in exchange, White Pine County shall deed 420.4 AFA from their Industrial Water Rights in Steptoe Valley to the City of Ely. 2. Board Members – City Engineer Almberg – Discussion/For Possible Action – Approval of Nevada Department of Transportation’s (NDOT) Amendment No. 1 to Agreement No. R253-24-030 for the Adjustment of Utility Facilities Reimbursable to the State for Water Relocation. 3. Board Members – City Engineer Almberg – Discussion/For Possible Action – Approval of Nevada Department of Transportation’s (NDOT) Amendment No. 1 to Agreement No. R254-24-030 for the Adjustment of Utility Facilities Reimbursable to the State for Sewer Relocation. 4. Board Members – City Clerk Lee – Discussion/For Possible Action – Approval to remove past due utility fee penalties up to the amount of $5,514.24 from 2 B First Street, McGill, Nevada at the request of Property Owner, Chris Walker. 5. Board Members – City Clerk Lee – Discussion/For Possible Action – Approval to remove past due utility fee penalties up to the amount of $7,845.37 from 25 Sixth Street, McGill, Nevada at the request of Property Owner, Jane Montgomery. 12. ITEMS FOR DISCUSSION/POSSIBLE ACTION ONLY OF THE ELY CITY COUNCIL. A. CONSENT AGENDA (These items may be approved in one motion by the Council as its first action of business under For Discussion/Possible Action items.) Approval of the Consent Agenda approves each of these items. Council Members may remove any item from the Consent Agenda by notifying the Mayor or Mayor pro temp. MOTION: Move to approve the Consent Agenda item 12A-1 Minutes and 12A-2 Bills. Moved by: ________________ Second by: _______________ Vote: _________________ 1. Discussion/For Possible Action – Minutes. • May 22, 2025 2. Discussion/For Possible Action – Bills. • May 22, 2025 • June 4, 2025 CC6-12-2025 The City of Ely is an equal opportunity provider and employer. 4 B. NEW BUSINESS 1. Mayor Robertson – Discussion/For Possible Action – Acceptance of Samantha Elliott’s resignation as a Member of the Ely City Council, Seat 3 effective June 13, 2025. 2. Councilman Trask – City Building Official Hendrickson – Discussion/For Possible Action - Approval to exchange Parcel 2 of White Pine County Record Map 1328 located on the Golf Course consisting of 105.116 acres owned by the City of Ely for Assessor’s Parcel Number 002-271-19 consisting of 52 acres owned by White Pine County, contingent upon agreeance by the White Pine County Commission. 3. Councilwoman Van Camp – Discussion/For Possible Action – Approval of First Reading of Ordinance 763, Bill No. 2025-03, An Ordinance amending Title 5, Police Regulations, Chapter 1, General Offenses, Section 16(G)(1), under Prostitution, of the City of Ely Municipal Code, to designate the area in which such activity is permitted as the following: on High Street from an eastern boundary of Second Street to a western boundary that is 550 feet west of Second Street. 4. Council Members – City Clerk Lee – LP Insurance Services Principal Tina Perchetti – NPAIP Representative – Discussion/For Possible Action – Acceptance of renewal proposal from Nevada Public Agency Insurance Pool (POOL), with a $500.00 Maintenance Deductible, and approval for payment in the amount of $357,237.01 from fiscal year 2025-2026 funds. 5. Council Members – City Clerk Lee – Discussion/For Possible Action – Consideration of Ben Noyes’ proposals regarding his property fence abutting a portion of the City of Ely’s Georgetown Ranch property near the Golf Course Road, with possible acceptance of a proposal to possibly include additional terms set by the City Council. 6. Council Members – City Clerk Lee – Discussion/For Possible Action – Possible Consent to Vertical Bridge’s “Transfers” on the Visa Grande Avenue site owned by the City of Ely (the “Site”), i.e., Verizon has entered into an agreement with Vertical Bridge to manage their interest and lease back a portion of their interest on the Site to Verizon (individually and collectively, the “Transfers”), and/or possible direction to the City Attorney to notify Verizon of requested terms. 7. Council Members – Building Official Hendrickson – Discussion/For Possible Action – Approval of Resolution 2025-04 revoking White Pine Motel Business License for the following noticed deficiencies: Unsanitary conditions, structural damage, interior damage, fire extinguishers past due for inspection, ingress and egress obstructions, and exterior stairway hazards. 13. PUBLIC COMMENT: Comments not exceeding three (3) minutes in length will be accepted from the general public in attendance. If any are made, there may be discussion upon those comments. No vote, decision, or action may be taken upon matters raised under this item until it is formally placed on the agenda. “Section 7.05, of the Nevada Open Meeting Law CC6-12-2025 The City of Ely is an equal opportunity provider and employer. 5 Manual indicates that the Public Body may prohibit comment if the content of the comments is a topic that is not relevant to or within the authority of the Public Body or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering with the rights of other speakers”. 14. ADJOURNMENT: THE MEETING MAY BE ADJOURNED BY APPROPRIATE MOTION OF THE CITY COUNCIL. * Open session – Action/Discussion – Personnel** The meeting may be closed by appropriate motion for the purpose of discussion on any matter allowed under N.R.S. 241.031 and 241.033, (1) nothing contained in this chapter prevents a public body from holding a closed meeting to consider the character, alleged misconduct, professional competence or physical or mental health of a person/employee. (2) A public body may close a meeting upon a motion, which specifies the nature of the business to be considered. (3) This chapter does not: (a) Apply to judicial proceedings. (b) Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical. (c) Prevent the exclusion of witnesses from a public or private meeting during the examination of another witness. (d) Require that any meeting be closed to the public. (e) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body. (4) The exception provided by this section, and electronic communication, must not be used to circumvent the spirit or letter of this chapter in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at https://www.ascr.usda.gov/complaintfilingcust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; Fax: (202) 690-7442; or Email: program.intake@usda.gov . For access to the public packet, contact the City Clerk at 501 Mill Street, Ely, Nevada 89301 or call (775) 289-2430; all packet material is posted in the agenda’s hyperlinks or under “Additional Documentation” on the City’s website at https://www.cityofelynv.gov/ I, Jennifer Lee, City Clerk, did cause to be posted on June 6, 2025, by 5:00 p.m. four (4) notices of the Ely City Council agenda in said City of Ely to wit: Posted at the doors or bulletin boards of City Hall located at 501 Mill Street, United States Post County Library located at 950 Campton Street, White Pine County Courthouse located at 801 Clark Street and the U.S. Post Office located at 2600 Bristlecone Avenue. The meeting notice is also posted on the City of Ely’s website at https://www.cityofelynv.gov/ and the State of Nevada Public Notices website at https://notice.nv.gov. _____________________________ CC6-12-2025 The City of Ely is an equal opportunity provider and employer. 6