Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS October 11, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, October 11, 2022. 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, Recording Secretary Jan Baum, Financial Services Director Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director III. PLEDGE OF ALLEGIANCE October 11, 2022 City Council | Minutes Page 1 of 16  IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. V. APPROVAL OF MINUTES A. 9-27-2022 Regular Meeting The minutes were approved by general consent with one noted correction from Councilman Morris. VII. PERSONNEL A. Employee Introductions: 1.) Rachel Randall, Planning Technician, Planning Department 2.) Paul Ruggles, Equipment Operator I, Streets Department 3.) Benjamin Nearhood, Landfill Equipment Operator, Landfill All new employees present and introduced. VIII. APPROPRIATION A. Review and possible ratification of General Hand-Cut checks, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the General Hand-Cut checks in the amount of $208,515.52. The motion passed unanimously. (5-0) B. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $780,438.10. The motion passed unanimously. (5-0) October 11, 2022 City Council | Minutes Page 2 of 16  C. Review and possible approval of Print n' Copy warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Print 'N Copy warrants in the amount of $375.19. The motion passed. (4-0) D. Review and possible ratification of Utility Refunds, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Utility Refunds in the amount of $1,353.69. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of the Utility Departments Engineering short lists for 2022/2023 and 2023/2024 fiscal years for Water, Sewer, WRF Projects, and matters related thereto. FOR POSSIBLE ACTION On July 12, 2022 City Council directed staff to solicit SOQ’s for engineering services for the Fiscal years 2022/2023 and 2023/2024 from qualified consultants for design services of projects related to the construction, maintenance, and installation of Water Distributions Facilities, Sewer Collections Facilities, and WRF Facilities. Staff has vetted a number of firms for these services and prepared short lists of the firms for Water Distribution, Sewer Collections, and WRF Facility projects. DJ Dale Johnson, Utilities Director, explained we had a number of engineers that submitted SOQ's. One firm was disqualified because they didn't submit proper documentation. He recommended approval. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the provided short list of competent and qualified Engineers for City Staff to select from for projects through fiscal years 2022/2023 and 2023/2024. The motion passed unanimously. (5-0) F. Review, consideration, and possible authorization for staff to purchase a New Cat Model 826K Wheel Dozer & Compactor, through Sourcewell Purchasing, from Cashman Equipment Company, in the amount of $987,499.01 (this amount may decrease based on possible trade-in value for Bomag Compactor and 613C scraper), and matters related thereto. FOR POSSIBLE ACTION October 11, 2022 City Council | Minutes Page 3 of 16  The current Bomag compactor is out of commission and cost to repair exceeds the value of the equipment. Staff utilized Sourcewell Purchasing pricing for a new Cat Compactor to replace the Bomag compactor. The $987,499.01 quote is for the new compactor. City staff is still negotiating trade-in values for the Bomag and 613C scraper. Trade-in values will decrease the price paid for the Cat Compactor. The new compactor was not budgeted in Fiscal Year 2023. The budget will need to be augmented to include this purchase if the new compactor is received prior to June 30, 2023. The price quoted by Cashman Equipment Company is only good until June 30, 2023. If the equipment is delivered after July 1, 2023 an additional cost of up to 5% is anticipated. SF Dennis Strickland, Public Works Director, explained he reported the repairs on the bomag were going to be above the value of the machine. There is not much life left in that machine. The packet included the updated price quote that includes the trade-in. He recommended pursuing the sourcewell option. He also felt that Cashman Equipment was going above and beyond with this proposal. Shane Fertig, Landfill Superintendent, stated Mr. French from Cashman can trade this piece of equipment with another one and get the machine started in the next few months. Mayor Keener was impressed with the quote. He was in favor in moving forward with this. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve staff to purchase a new CAT Model 826K Wheel Dozer and Compactor through Sourcewell Purchasing, from Cashman Equipment Company, in the amount of $922,499.01. The motion passed unanimously. (5-0) G. Review, consideration, discussion and possible authorization for Staff to pre-purchase sixteen seventy-foot utility poles in compliance with NRS 338.1423 for the Golf Course Driving Range Net Replacement Project and matters related thereto. FOR POSSIBLE ACTION The golf course driving range net consists of sixteen seventy-foot wooden utility poles. As a result from recent wind storms, three of the poles supporting the net were broken off and ultimately fell to the ground. Staff consulted with a local contractor to assess the situation and determined that all sixteen poles would need to be replaced due to deterioration and to mitigate any possible future failures. Due to the urgency of the situation and to get ahead of a minimum fourteen week lead time on procuring the poles staff is seeking authorization from Council to pre-purchase the poles in compliance with terms set forth in NRS 338.1423. A copy of NRS 338.1423 has been included in the packet for review. JW James Wiley, Parks and Recreation Director, explained they were in a time crunch to get this on the agenda. Since then they have been able to secure other quotes for the poles. They are going to take a different approach on the project. He asked for no action on this item. NO ACTION October 11, 2022 City Council | Minutes Page 4 of 16  VI. PRESENTATION A. Presentation by Elko Police Chief Ty Trouten - FBINAA graduation of Detective Sergeant Bryan Drake, session #283, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Detective Sergeant Bryan Drake attended the FBI National Academy in Quantico, Virginia from July 6, 2022 to September 13, 2022. TT Detective Sergeant Drake was not present. B. Reading of proclamation by the Mayor in honor of James Ray Karr, City of Elko Volunteer Firefighter of 25 years, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. Jon Karr thanked Council for honoring his father. He spent 10 years in the VFD because he wanted to follow in his footsteps. His father was a true gentleman. IX. NEW BUSINESS A. Review, consideration, and discussion for the appointment of (1) new member to the Parks and Recreation Advisory Board, and matters related thereto. FOR POSSIBLE ACTION During the September 13, 2022 regular Council meeting Staff received authorization to advertise for a vacant position on the Parks and Recreation Advisory Board due to the recent resignation of Board Member Spring Robinson. After advertising for the position, staff received (2) letters of interest from Fred Betia and Peter Fromherz. The appointment will be for the remainder of the term through June 30, 2023. JW James Wiley, Parks and Recreation Director, explained we are here tonight to appoint a member for the remainder of a term through June 30, 2023. We received two letters of interest. One was from Fred Beitia who has been a long-time member of the committee. Mr. Peter Fromherz was the other applicant. Mr. Beitia was present to answer questions. Fred Beitia thanked Council for considering reappointing him. Mayor Keener thanked Mr. Beitia for applying. He felt both applicants were equally qualified but was inclined to appoint Mr. Beitia since he has so much experience with the board. Councilman Morris agreed and hoped Mr. Fromherz is still interested in the future. October 11, 2022 City Council | Minutes Page 5 of 16  ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to appoint Mr. Fred Betia to the Parks and Recreation Advisory Board. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of a Deed of Dedication for right-of-way and slope and drainage easements, for Pinion Road, on APN 001-770-003, and matters related thereto. FOR POSSIBLE ACTION This portion of Pinion Road is on a City owned parcel, APN: 001-770-003. This is one step in the process of extending Pinion Road from Winchester Drive to Errecart Boulevard. City staff is in the process of getting the remainder of the roadway dedicated to Winchester Drive and has commitments from the other two property owners. Bob Thibault, Civil Engineer, explained he will be bringing more deed of dedications to complete the right of way. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Deed of Dedication for Right-of-Way and slope and drainage easements for Pinion Road, on APN 001-770-003. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of Revocable Permit No. 5-22, filed by Arnold Beck Construction Elko on behalf of Jordanelle Third Mortgage, LLC., to occupy +/- 125 square feet of East Jennings Way Right-of-Way adjacent to their parcel located at 2801 Incline Ave. to accommodate landscaping and a monument sign for Zephyr Heights subdivision, and matters related thereto. FOR POSSIBLE ACTION The applicant would like to install a subdivision monument sign within the existing E. Jennings Way right-of-way. Cathy Laughlin, City Planner, explained a copy of the License Agreement was included in the packet. It has been reviewed by Mr. Stanton. We did include landscaping just in case they want to include something with the sign. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Revocable Permit 5-22 subject to the execution of a Standard License Agreement between the applicant and the City of Elko. The motion passed unanimously. (5-0) D. Review and possible approval for disbursing a portion of the $500,000 in ARPA Funds City Council designated to local small businesses that experienced a direct negative economic impact as a result of the public health emergency. FOR POSSIBLE ACTION October 11, 2022 City Council | Minutes Page 6 of 16  The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four categories states: “to respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel and hospitality.” City Council designated $500,000 in ARPA Funds to local small businesses that experienced direct negative impact as a result of the public health emergency. Staff recommends awarding a grant to the following local small business that submitted a grant application: Rooble & R, Inc. $10,000 Remaining local small business grant funds $35,000 JB Jan Baum, Finance Director, explained this is for the Sinclair across from Wingers. They did submit their financial documents that showed an impact from COVID-19. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve small-business grant to Rooble & R, a local small business that had a direct negative impact as a result of COVID-19. The motion passed unanimously. (5-0) E. Review and possible approval for disbursing $79,418.11 in American Rescue Plan Act (ARPA) lost revenue funds to the Western Folklife Center, a local non-profit organization that was directly impacted by COVID-19, and matters related thereto. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four categories states “For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency.” The ARPA Final rule allowed NEU’s to take a standard Lost Revenue allowance up to $10 million. This revenue allowance can be used for any governmental services. City council prioritized using a portion of the resources freed up as a result of lost revenue funding for community donations. Staff recommends disbursing $79,418.11 to the Western Folklife Center. The Western Folklife Center previously received $20,581.89 as a result of Recreation Fund lost revenue allocation but they submitted an application for $100,000. The ARPA Committee elected to distribute the remaining $79,418.11 once it was confirmed that the local 2023 Cowboy Poetry Gathering would be held in person in the City of Elko. JB October 11, 2022 City Council | Minutes Page 7 of 16  Ms. Baum explained there was a lot of information and offered to answer questions. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve disbursing American Rescue Plan Act (ARPA) lost revenue funds in the amount of $79,418.11 to the Western Folklife Center. The motion passed unanimously. (5-0) F. Review and possible approval for disbursing $475,000 in American Rescue Plan Act (ARPA) lost revenue funds to Vitality Unlimited for a Women’s Treatment Residence. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four categories states “For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency.” The ARPA Final rule allowed NEU’s to take a standard Lost Revenue allowance up to $10 million. This revenue allowance can be used for any governmental services. City council prioritized using a portion of the resources freed up as a result of lost revenue funding for community donations. Staff recommends disbursing $475,000 to Vitality Unlimited for a Women’s Treatment Residence. Attached is the Proposal as submitted by Vitality Unlimited. JB Ms. Baum explained Vitality Unlimited had several proposals as part of their grant application. We already approved a couple different grants for Vitality Unlimited. They were able to secure some land for the new Women's Treatment Residence and it will be a great asset for the community. Ester Quilici, CEO Vitality Unlimited, thanked Council. Council has done something tremendous. With this money we can get this project done. Mayor Keener was surprised there was no push back from the neighborhood. That is a good thing. Councilman Stone spoke in favor of the work Vitality does for the community. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve disbursing American Rescue Plan Act (ARPA) lost revenue funds in the amount of $475,000 to Vitality Unlimited for a Women's Treatment Residence. The motion passed unanimously. (5-0) X. RESOLUTION AND ORDINANCE October 11, 2022 City Council | Minutes Page 8 of 16  A. First reading of proposed Ordinance No. 876, amending the City of Elko Fire Code, and matters related thereto. FOR POSSIBLE ACTION On September 27, 2022, Mr. Dusty Shipp submitted a written request to have the Fire Code item reviewed and amendments initiated. The City Council approved the request to have the Fire Code opened and directed staff to remove the Northern Nevada Amendments from the current Fire Code. The code has been revised to follow the 2018 International Fire Code and meet requirements adopted by the State Fire Marshals Office to maintain compliance with the interlocal agreement. JS Chief Snyder explained the changes to the fire code. Dave Stanton, City Attorney, proposed adopt the code as presented with an addition of a Section C, to Section 616, that reads the waiver and appeals provision set forth in Section 616 are in addition to and not in lieu of variances which might be available under the International Fire Code or Chapter 477 of the Nevada Administrative Code, Mayor Keener asked if this would resolve the issues we have had lately. Chief Snyder answered it will resolve some things but there will have to be more work done at the front of the construction, especially with commercial development. Councilman Stone asked if fire sprinklers in residential will be eliminated. Chief Snyder answered yes. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to conduct first reading of Ordinance No. 876, adding 616-C, the waiver and appeals provision set forth in Section 616 are in addition to and not in lieu of variances which might be available under the International Fire Code and/or Chapter 477 of the Nevada Administrative Code, and direct City Staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of Ordinance 875, An Ordinance Amending Title 4, Chapter 6, Section 10 Allocation and use of Transient Lodging Tax Funds and matters related thereto. FOR POSSIBLE ACTION On September 27, 2022 City Council moved to accept Scenario Three which included a 1% increase in room tax which increases overall Transient Lodging Tax to 15% and reallocating .5% of the ECVA Marketing transient tax allocation to the ECVA Facilities Fund. October 11, 2022 City Council | Minutes Page 9 of 16  The reallocation and increase in Transient Lodging Tax will only impact the ECVA. Attached is an illustration showing the current and adjusted room tax distribution after the changes. The Ordinance was written based on the September 27, 2022 Council motion. Staff would like clarification on the following items for the final Ordinance: 1. Date the reallocation and tax increase take effect 2. Clarify the 1% increase in Transient Lodging Tax is to be paid to the ECVA Facility Fund (it was not stated in the original motion). 3. Does the 1% increase in Transient Lodging Tax sunset after a given number of years (ex: until the balloon payment is made or 10 years)? 4. Clarify if the reallocation percentage and additional room tax allocated to the ECVA Facility Fund has to be reserved for the ECVA debt balloon payment. JB Jan Baum, Financial Services Director, explained as she started writing the ordinance, it felt a little vague and she needed some clarification. Councilwoman Simons wanted to clarify that we need to send out a Business Impact Statement. Kelly Wooldridge, City Clerk, answered she believed we need to do one before the first reading of the ordinance. The ordinance needs to be written as it is now with the changes Ms. Baum is looking for. Councilman Stone disclosed he is the City Council liaison to the ECVA and he has no pecuniary interest in the outcome on the vote of this ordinance or an interest in a private capacity of others who may have a pecuniary interest in the outcome. Mayor Keener called for public comments. Annette Kerr, Executive Director ECVA, wanted to make sure on No.4, the 1% increase and the .5% has to be reserved for the debt balloon payment. If it doesn't then she will need to redo her budget. She discussed the separate funds she has. Mayor Keener stated these clarifications are to ensure these funds go to the debt fund. Ms. Baum felt it was important to have that stated in the motion so we know how to word the ordinance. Councilwoman Simons thought the date it becomes effective should be as easy as after the final reading. Ms. Baum and Ms. Wooldridge felt that could be complicated because of the Business Impact Statement. Councilwoman Simons then considered January 1st. She also felt it should be earmarked for the debt fund. Mayor Keener agreed it needs to be dedicated towards paying down the balloon payment. October 11, 2022 City Council | Minutes Page 10 of 16  Ms. Kerr pointed out that on Number 3, and if you dedicate it to the balloon payment, then it will go away when the balloon payment is made. She wanted it to continue for longer to build that fund back up. Mayor Keener thought having this continue for 10 years would be right and would cover about half the cost of the balloon payment. Ms. Kerr suggested the money be dedicated to the debt fund until the balloon payment is made and then after that it can go towards the capital improvements. Mayor Keener called for public comments. Shane Valentine, 2065 Idaho Street, Maverick Gaming, stated some of their concerns are that the funding is coming strictly from the hotels to support the Convention Center. If the next percentage kicks in, this could be an issue in the future and will have to increase what they charge their customers. He appreciates that the increase was only the 1% instead of the 2% but he hopes other funding sources come forward. ** A motion was made by Council Member Simons, seconded by Council Member Stone to provide clarification for possible Ordinance No. 875, in that the reallocation and tax increase will be from January 1, 2023 until December 31, 2032, and these funds will be earmarked for paying down the balloon payment until said payment is made, and will then be used to increase capital improvements fund, and initiate a Business Impact Statement. The motion passed unanimously. (5-0) XI. PETITION, APPEAL, AND COMMUNICATION A. Consideration of an appeal from Mr. Daniel Beck regarding an unpaid water bill associated with 2160 Last Chance Rd., in the amount of $210.16, and matters related thereto. FOR POSSIBLE ACTION Candi Quilici, Accounting Manager, explained we received a phone call from Mr. Beck requesting a credit for the water services. He indicated he had shut the water off in the building to do repairs. We had not received notice from Mr. Beck to stop the billing. Typically we require a disconnect notice and we have no other mechanism to determine if water is being used at the facility or not. Dale Johnson said they weren't contacted to shut off the water until September. He wants a credit for July and August. They replaced the valve when they could not locate it. Councilwoman Simons asked if they had located the valve and turned it off himself, would we still charge him for water. Mr. Johnson answered he turned it off in the building. We have no other way to know. October 11, 2022 City Council | Minutes Page 11 of 16  Ms. Quilici said there is a City Code about failure to supply notice from the customer for discontinuation of services. If notice is not given, the customer will be responsible for the bill until one day after the water department was given notice. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to deny the appeal from Mr. Daniel Beck regarding an unpaid water bill associated with 2160 Last Chance Road, in the amount of $210.16. The motion passed unanimously. (5-0) B. Consideration of an appeal from Mr. Nathan Beck regarding Fire Code requirements to install residential fire sprinklers or fire barriers for a home currently under construction at 2955 Sagecrest Drive, and matters related thereto. FOR POSSIBLE ACTION A copy of Mr. Nathan Beck's email is included in the agenda packet for review. CC Chief Snyder explained this home falls under the original fire code before we changed it. It would require sprinklers. The code has changed and his current options are to install a fire barrier or sprinklers. The Fire Department has not seen any plans yet and nothing has been denied yet. Councilwoman Simons asked if the house is ready to be occupied, at that point can we look at the current code and use that? Chief Snyder answered this house is under the original fire code and if they submit a change, they would be required to follow the current code. If they wait another two weeks, they can red-line that item and follow the newest code. Mayor Keener asked how time sensitive is this project. Nathan Beck answered they just had the 4-way inspection on Monday. They want to start dry walling shortly so this is time-sensitive. We brought this appeal to Council previously but we were not ripe for appeal at this time. Mayor Keener apologized to Mr. Beck that he is in this position. Mr. Beck wanted to continue construction rather than wait. Councilwoman Simons asked if it would be occupied in 2 weeks. Mr. Beck answered no. Dave Stanton, City Attorney, explained the appeal process. Councilwoman Simons said Mr. Shipp's house had been denied but this house has not been denied. She felt they could just keep building. October 11, 2022 City Council | Minutes Page 12 of 16  Dusty Shipp said if you are using the code that was in place at that time, the decision on this house was that the code was ambiguous. Councilwoman Simons said nothing has been denied at this time. Mr. Stanton agreed that this has to be denied in order to appeal. Council can find there is no decision to appeal in this case. Council has to make a decision but you cannot deny the appeal since there is no denial yet. Mr. Beck was concerned they can continue with the process without interference. Mr. Shipp noted Mr. Beck has been back here twice. Councilman Puccinelli asked what are we appealing if nothing has been denied. Mr. Shipp said he never submitted anything to be denied. He got a letter saying he needed sprinklers. Mr. Stanton asked what did the Fire Official do? If you got a letter saying you won't get a permit because you don't comply with the code, that sounds like a denial. If they both got the letter, then they are both in the same place procedurally. Mayor Keener wanted to take a break to give everyone time to read the correspondence in the packet. BREAK Chief Snyder said when he received the City Manager's email about Mr. Beck's home, he did more research on what transpired when Mr. Shipp's house was appealed and if that could be applied. Because you declared the code ambiguous specific to that address, we could not apply that to this house. He emailed Mr. Beck to bring the house to the current code and could not use that same appeal because it was address specific. Mayor Keener said one of the points made during Mr. Shipp's appeal was that the house had a fire hydrant nearby. Dusty Shipp brought up an email from Chief Snyder about an appeal. The bottom of the letter said he had the right to apply for an appeal. He felt Mr. Beck had the same rights. Nathan Beck read an email he received from Kara Vera on June 15, regarding sprinklers. That says right there that he needs sprinklers. Mr. Stanton said there was a more current email from the Fire Chief. Scott Wilkinson, Assistant City Manager, stated the Fire Chief looked at the prior motion and tried to apply that to this address but the previous motion was address specific. This is a very similar situation to move forward with a hearing. October 11, 2022 City Council | Minutes Page 13 of 16  Mayor Keener said we have to treat people similarly. Mr. Stanton said this does sound like a similar situation. Previously it was decided the code was ambiguous. That might be a finding in this case. Councilman Puccinelli said this one he feels for Beck. It is pretty much identical to what came up with Mr. Shipp's house. ** A motion was made by Council Member Simons, seconded by Council Member Morris to grant the appeal from Mr. Nathan Beck regarding Fire Code requirements to install residential fire sprinklers or fire barriers for a home currently under construction at 2955 Sagecrest Drive because the fire code provision upon which this decision was based is capable of 2 or more interpretations, therefore Mr. Beck is not required to install fire sprinklers or fire barriers for this home. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council Mayor Keener reported on the Heroes Have Heart event on Saturday. There was a dinner a couple of Fridays ago at Nevada Health Centers where Curtis Calder was recognized as a community champion. Councilman Morris said there has been a push in the golfing community for a petition. He is hoping to have it on the next meeting. The golfers want to get the golf course back to what it was. Councilman Stone spoke about ECVA and the money needed. Mayor Keener said he was on the radio with his fellow Mayor Candidate. The interview will be available for replay. Councilwoman Simons stated this Friday will be the unveil for the mural on the water tower. Mayor Keener stated he will be out of town next week. B. City Manager Absent. C. Assistant City Manager Scott Wilkinson said they are still waiting to hear back from Union Pacific. He thought he would have information by the end of last week but he has not heard anything. Their realtor lives in Florida and may have been impacted by the hurricane. October 11, 2022 City Council | Minutes Page 14 of 16  Mayor Keener thought maybe he could reach out to Amodei's office to speed things up. D. Utilities Director Dale Johnson reported on some repairs caused by SCI while boring and installing fiber. Mayor Keener noted that Anthem Broadband is responsible for these repairs as part of their Franchise Agreement. E. Public Works F. Airport Manager No report. G. City Attorney No report. H. Fire Chief Chief Snyder said they opened up volunteer applications on Monday and we have had some applicants. Saturday was a great event with a big turnout. I. Police Chief Chief Trouten wanted to recognize Living Stones Church. They were a very zealous sponsor of the first ever Faith in Lieu event that was held last night. J. City Clerk No report. K. City Planner No report. L. Development Manager No report. M. Financial Services Director Mayor Keener asked if she has had a chance to work with Duncan Golf. October 11, 2022 City Council | Minutes Page 15 of 16  Jan Baum answered it is preliminary at this point. Councilman Morris said he has about 10 pages of signatures on the petition. Mayor Keener noted this has been completed since the Council decision. It would be good to let Duncan know about the push back on the petition. Ms. Baum was curious, if council moved to go forward with the contract, are there any legal implications if we go back on that? Dave Stanton, City Attorney, said we have not approved a contract with them yet. He reminded council not to deliberate on this since it has not been agendized. N. Parks and Recreation Director Mayor Keener asked if the new sports court was getting a lot of use. James Wiley answered yes. O. Civil Engineer No report. P. Building Official XIII. 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 Greg Martin, 1362 Primrose Lane, commended the board on the decision to donate the money to Vitality Unlimited. He has daughters that have struggled with substance abuse issues. That decision will touch so many lives. There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk October 11, 2022 City Council | Minutes Page 16 of 16