Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS April 11, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, April 11, 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 left at 5:25 p.m. 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 Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Dave Stanton, City Attorney Bob Thibault, Civil Engineer Ty Trouten, Police Chief Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director James Johnston, Fire Chief Lowell Black, Financial Services Director III. PLEDGE OF ALLEGIANCE April 11, 2023 City Council | Minutes Page 1 of 17  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 Lee Hoffman, 1085 Barrington Ave., was worried about SB226 regarding prevailing wages. It was his concern that this bill was going to fly under the radar and pass, when he knew many entities were opposed to it. He encouraged the City and County to work together and express their opposition on the bill in a letter. Mayor Keener asked for a sample letter or a link to letters that have been submitted. Mr. Hoffman did not have a draft letter but felt it was important enough for Council to write one up. Kelly Wooldridge said there was another bill that was introduced last week, SB423. It is very similar to SB226 but very broad. V. APPROVAL OF MINUTES A. March 28, 2023 Regular Session The minutes were approved by general consent. VII. CONSENT AGENDA A. Review, consideration, and possible approval for the Elko Police Department to enter into a Contractual Agreement for towing services with 4 Seasons Towing, LLC, and matters related thereto. FOR POSSIBLE ACTION The current towing agreement has expired. The new agreement extends the term to 36 months and provides provisions to amend the agreement at the request of the Contractor if the rates change during the term of the agreement. B. Review, consideration, and possible approval for the Elko Police Department to enter into a Contractual Agreement for towing services with Atlas Towing and Recovery Service and matters related thereto. FOR POSSIBLE ACTION The current towing agreement has expired. The new agreement extends the term to 36 months and provides provisions to amend the agreement at the request of the Contractor if the rates change during the term of the agreement. C. Review, consideration, and possible approval for the Elko Police Department to enter into a Contractual Agreement for towing services with Lostra Brothers Towing and matters related thereto. FOR POSSIBLE ACTION April 11, 2023 City Council | Minutes Page 2 of 17  The current towing agreement has expired. The new agreement extends the term to 36 months and provides provisions to amend the agreement at the request of the Contractor if the rates change during the term of the agreement. D. Ratification of the Elko Police Chief’s issuance of a 21-day Temporary Retail Wine and Beer License to Julie A. Kraus and Paul M. Kraus, DBA Jewels Floral and Bridal Studio, located at 336 Silver Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION E. Review, discussion and possible approval of a letter supporting Assembly Bill (AB) No. 429, “AN ACT relating to aviation; revising provisions governing the Nevada Air Service Development Commission and the Nevada Air Service Development Fund; making an appropriation to the Nevada Air Service Development Fund; making an appropriation to the Fund for Aviation for the enlargement, improvement or maintenance of rural airports, landing areas or air navigation facilities in Nevada; and providing other matters properly relating thereto,” and matters related thereto FOR POSSIBLE ACTION At the City Council meeting on March 14, 2023 Council approved signing a letter supporting AB58. This bill has been amended and is now AB429. Staff would like approval to amend the letter already sent in support of AB58 to refer to AB429. AB429 text and the revised letter are included in the packet. JB Mayor Keener asked if the public had any questions or concerns about the consent agenda. He stated we will be voting on this as one block item. There were no public comments. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the consent agenda. The motion passed. (4-0 Councilman Stone abstained.) VIII. PERSONNEL A. Employee Introductions: 1.) Dustin Kappes, Police Department Present and introduced. B. Review, consideration, and possible approval of revisions to the position description for Fire Chief, and matters related thereto. FOR POSSIBLE ACTION The Fire Chief position description has been updated with minor revisions to more accurately reflect the duties and requirements of the position, based on industry standards. SS April 11, 2023 City Council | Minutes Page 3 of 17  Susie Shurtz, Human Resources Manager, said this is the updated format that is inline with POOL/PACT's format. The main update are the red lines updates to the requirements and certifications and licenses. Chief Johnston said they worked on this together to make it more like how they actually operate. The general requirements were changed to increase the standards. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the revised Fire Chief position description as presented. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of revisions to the position description for Deputy Fire Chief, and matters related thereto. FOR POSSIBLE ACTION The Deputy Fire Chief position description has been updated with minor revisions to more accurately reflect the duties and requirements of the position, based on industry standards. SS Ms. Shurtz explained this is very similar to the previous item. They updated the formatting and added the same physical/mental working conditions to be the same as the Chief. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the revised Deputy Fire Chief position description as presented. The motion passed unanimously. (5-0) VI. PRESENTATION A. Review and possible approval of the Fiscal Year 2023/2024 Tentative Budget, and matters related thereto. FOR POSSIBLE ACTION Staff will provide a revised budget presentation and will be requesting tentative budget approval and submittal. LB Lowell Black, Financial Services Director, gave a presentation (attached). Mayor Keener wanted to go over each action item one at a time. He felt the 5% COLA was good and asked for board input since it was below CPI. There were no comments. He asked about a dollar amount impact on the COLA minus the PERS reduction. Mr. Black did not have the exact numbers. Jan Baum, City Manager, stated she wasn't exactly sure either but she was guessing $120,000 and offered to get him the exact numbers. April 11, 2023 City Council | Minutes Page 4 of 17  Mayor Keener asked again if there were any questions regarding the COLA increase. Ms. Baum stated that they can wait until the final budget for that so they can present Council with the total dollar impact. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the community donations for fiscal year 2024. Councilman Stone disclosed that he is involved with some of the listed organizations but he has no problem voting on this since he was un-opinionated. The motion passed unanimously. (5-0) ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Capital Equipment Replacement Fund for Fiscal Year 2024 as written. The motion passed unanimously. (5-0) ** A motion was made by Mayor Keener, seconded by Council Member Morris to approve the $40,000 donation to the Silver State Stampede. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve to close off the non-profit and business requests under ARPA, effective June 30, 2023. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve to end the $50,000 set aside for the Shop Local campaign that started as a result of COVID. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the City of Elko Fiscal Year 2023/2024 Tentative Budget. The motion passed unanimously. (5-0) April 11, 2023 City Council | Minutes Page 5 of 17  IX. APPROPRIATION A. Review and possible approval of General warrants and matters related thereto. FOR POSSIBLE ACTION. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the general warrants in the amount of $1,623,272.41. The motion passed unanimously. (5-0) B. Review and possible ratification of General Hand-Cut warrants and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the general hand-cut checks in the amount of $279,940.09. The motion passed unanimously. (5-0) C. Review and possible ratification of Utility refunds and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the utility refunds in the amount of $479.21. The motion passed unanimously. (5-0) D. Review and possible approval of Alliance Document Technologies warrants and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the Alliance Document Technologies in the amount of $126.00. The motion passed. (4-0 Mayor Keener abstained.) E. Review, consideration, and possible award of bid to acquire portable x-ray and bomb detection equipment, and matters related thereto: FOR POSSIBLE ACTION The Elko Police Department was awarded a grant by the Office of the Military, Division of Emergency Management in the amount of $56,997.20 to acquire portable x-ray and bomb detection equipment. Competitive bids were solicited and opened on March 14, 2023. The EPD recommends the bid be awarded to Logos Imaging, LLC in the amount of $56,510.26. All Federal and State guidelines for the procurement of the equipment were followed. April 11, 2023 City Council | Minutes Page 6 of 17  Chief Trouten explained there was a committee formed to review the submitted bids. Logos Imaging LLC was the top choice. He recommended approval. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the award in the amount of $56,510.26 to Logos Imaging, LLC for portable x-ray and bomb detection equipment to be paid from the Office of the Military Division of Emergency Management grant. The motion passed unanimously. (5-0) F. Review, consideration and possible award of bid to acquire one new Armored Rescue Vehicle and other matters related thereto. FOR POSSIBLE ACTION The Elko Police Department has received a grant from the Office of the Military, Division of Emergency Management in the amount of $350,000 to purchase an armored rescue vehicle. Competitive bids were solicited and opened on March 10, 2023. Two (2) bids were received. The Elko Police Department reviewed the bid proposals for compliance and recommends that the bid be awarded to Terradyne Armored Vehicles Inc. in the amount of $313,120 Staff followed all State and Federal guidelines for procurement. TT Chief Trouten explained again, there was a committee formed to review the bids. They followed the provided rating sheets and came up with Terradyne vehicles as the top choice. He recommended approval. We are looking at 6 months to a year before we will get this vehicle. James Massery, Lenco, said his company was the other bidder on the armored vehicle. He pointed out some discrepancies, such as a Buy America Act 200.322, with an emphasis on steel products. The company selected is a foreign company. The very first requirement on an armored vehicle is the armor. The Terradyne bid checked no, that they did not meet the minimum requirement. The bid specifications also noted no bolt-on running boards. Lenco does not do the bolt-on running boards for safety reasons. He asked City Council to give this some more consideration before awarding. Mayor Keener asked if Chief Trouten would like to address some of those issues. Chief Trouten rebutted the Buy American issue first. There were two bidders, on American and one Canadian. On the scoring sheet provided by the grantor, if the bidder was American, they received 10 points and Terradyne received zero. Corporal Taylor was present and could answer the questions too. Tip issues and weight are equally concerning as these other issues. There was a 10% price difference but he did not see anything that said it needed to be 30%. Councilwoman Simons asked about the box that was checked no. Officer Taylor noted the box that was checked was the armor box. When you talk Terradyne vs. Lenco, Terradyne has a 2-plate system and Lenco has one plate. They have the same thickness but Terradyne uses 2 plates. He has made 30-40 calls to the two companies over the last 2 months. The Terradyne had a lower price but they were able to add more into their bid than Lenco could, which awarded them more points on the score sheets. April 11, 2023 City Council | Minutes Page 7 of 17  Mayor Keener asked if the committee recommendations was the right vehicle. Officer Taylor didn't want to go against the committee. He felt Lenco offered an amazing product. He has talked to others that have purchased the Terradyne product. Dave Stanton, City Attorney, said he learned about these issues today. He has not had a chance to research the buy American requirement and offered to research the issue if wanted. The item would need to be tabled until he can do that. Mr. Massery made a comment that the City could be exposed to liability if a lesser vehicle is purchased. If Council decides to approve this tonight, then some findings need to be made as a basis for the decision. Mr. Massery said he wasn't sure what scoring sheet the Chief was referring to but there is a clause, 200.322, that could overshadow any scoring sheet the City put together. He recommended that at the very least, this item gets tabled. We complied with your specifications but the competitor did not. Chief Trouten said he was comfortable with tabling this item. No matter how glorious your product is, if you cannot promptly and accurately deliver it to us, it does no one any good. That was one of the concerns to this. He was certain the demand was great. Mayor Keener stated he was comfortable making a decision on this based on the committee's recommendation. Councilman Puccinelli is not educated in this stuff and he relies on the committee. He trusts what the committee recommends. Councilman Stone said he had no problem moving on the motion but wanted to add to that a review of the guidelines we must be following. Mr. Stanton said you cannot award this pending a legal review. Councilman Morris said he had mixed emotions but he felt the committee knew what they were doing. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to award the new Armored Rescue Vehicle in the amount of $313,120.00 to Terradyne Armored Vehicles Inc. based upon the committee's recommendation, and it is noted that this product does not meet all of the requirements as pointed out by the manufacturer, and the committee feels confident this will be a safe product for them. The motion passed unanimously. (5-0) Councilman Stone left at 5:25 p.m. X. NEW BUSINESS April 11, 2023 City Council | Minutes Page 8 of 17  B. Review, consideration, and possible approval of a Golf Concessionaire Agreement between the City of Elko and The Klub at Ruby View, LLC, and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting on March 28, 2023 City Council accepted the recommendation of the RFP review committee to enter into negotiations for the Ruby View Golf Concessionaire Agreement with Karr Enterprises. For this Concessionaire Agreement, a new business was created by the Karr’s named The Klub at Ruby View, LLC. The Golf Concessionaire Agreement with The Klub at Ruby View, LLC as negotiated is attached. JB Jan Baum, City Manager, went over the highlights to the contract. There were a few minor changes that were shown on the overhead screen. Jon Karr, The Klub at Ruby View, LLC, said Ms. Baum was fantastic to work with. He has nothing but compliments so far about the staff. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve a Golf Concessionaire Agreement between the City of Elko and The Klub at Ruby View, LLC, with the minor changes. The motion passed unanimously. (4-0) BREAK XIII. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to conditionally approve Tentative Map No. 1- 23, filed by Ash Street Village, LLC, for the development of a subdivision entitled Ash Street Village, involving the proposed division of approximately 0.401 acres of property into 12 lots for townhome development and one (1) common lot within the RB (Residential Business) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is located at the northeast corner of 5th Street and Ash Street (APN 001-067-017 and 001-067-018). The Planning Commission considered this item on March 21, 2023, and took action to forward a recommendation to conditionally approve Tentative Map 1-23. MR Michele Rambo, Development Manager, explained this is two parcels at the corner of Ash and 5th Street. It is for a townhouse development. The purpose of this map is to divide the units for sale. The access for the units is off Ash Street or the Alley behind. A conditional use permit has been approved. There was some concern at the Planning Commission about parking. Each unit will have it's own 2- car garage. In addition, the units on Ash will have a driveway and they are providing guest parking. Mayor Keener asked if there would be an HOA to enforce the parking. April 11, 2023 City Council | Minutes Page 9 of 17  Ms. Rambo answered there will be an HOA but they will not be enforcing parking. She recommended conditional approval. Mayor Keener called for public comments. Ann Stenninger, 1091 5th Street, stated the main concerns the neighbors have are regarding the increased traffic and the possibility the owners can rent these out to others. There is also increased crime in the area. Ms. Rambo did some trip generation estimates. The project is proposed to generate 70 new trips a day and that is far below the threshold to do a traffic study. Mayor Keener asked a new member of the audience if they had anything to add to the discussion. She did not have any comments. He was glad to see some (hopefully) moderately priced housing going up. Whenever there is new development, there are some negative reactions as a result. There is more benefit to come from this. He was in support of the application. Luke Fitzgerald, developer, said the units are proposed to be 672 sq. foot units with one bedroom and one bathroom with a loft. Renting is allowed in the residential zoning district. There will be an HOA that will give them an added layer of enforcement. Councilman Puccinelli liked the small units. With the HOA you should be able to maintain this somewhat. The crime in Elko is what it is. Councilwoman Simons stated she would rather have this than an empty lot. Mr. Plumb has a house on 6th street. These people will not be able to drive out of the alley on to 5th. They will use 6th Street and speeding is not enforced. They have to go down 6th to get to Cedar Street. All the traffic will go down 6th street to get to Cedar Street. You are putting 12 units, which is 12 trips, instead of maybe 3 houses with 3 trips. We like it quiet there and we don't like people gassing it to get to Cedar Street. You are tripling up the number of people you are putting there. Mayor Keener asked Ms. Rambo if she heard any of these issues during the hearing. Ms. Rambo answered no, this is the first time hearing the issue of the alley traffic. Only half the project have alley access and the other half will use Ash Street. She is not a traffic engineer and does not know how the traffic will flow but it doesn't trigger the requirement for a traffic study. Councilwoman Simons said there are times when something goes up near your house that you don't want. If the development falls within City Codes and requirements, she wasn't sure how Council can tell somebody how to use that property. Even if the neighbors don't like the development, we can't tell them what to do. She felt it was a good project. Mr. Fitzgerald did note that there are times in the day that driving onto 5th Street can be difficult due to traffic. Whenever he goes to the site, he uses 5th Street because there always seems to be a break to pull out. April 11, 2023 City Council | Minutes Page 10 of 17  ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conditionally approve Tentative Map No. 1-23 for the Ash Street Village subdivision, subject to the findings and conditions as recommended by the Planning Commission. The City Council determines that the property can be divided based on the findings required in Section 3-3-5(E)(2) of the Municipal Code. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) A. Review, consideration, and possible approval of a three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The current Transportation Services Agreement between SkyWest Airlines and the City of Elko expired on March 31, 2023. Airplanners LLC has been negotiating a successor Agreement on behalf of the City of Elko, which effectively extends key provisions of the current Agreement through June 30, 2023, with a revised maximum liability of $365,000. The three (3) month extension reflects one (1) daily flight to Elko on a midday turn from Salt Lake City to and from Delta's prime east and westbound banks. A copy of the Draft Agreement is enclosed in the agenda packet for review. JB Jan Baum, City Manager, said we have been in contact with SkyWest Airlines to retain our commercial air service in Elko. The good news is the agreement costs have decreased. Bill Tomcich was present to give a presentation. Bill Tomcich, Airplanners, gave a presentation (attached). Mayor Keener called for comments. Councilman Morris said his concern is that if SkyWest pulls out we will lose TSA and may not be able to get air service back. He hopes things will get better at some point. Mr. Tomcich said we may see some aircraft improvement but with that improvement, the costs will be higher. Jim Foster, Airport Manager, said the enplanement numbers are looking much better. We are averaging 825 enplanements per month. That is a huge boost. Last year we averaged 698. Last month was our highest month from January of last year with 872 enplanements. Mayor Keener said we need to do this and we don't have a choice. The FAA heavily subsidizes the maintenance at the airport. If we were to lose our certification as a commercial airport, the depreciation would fall on the taxpayers. This is a regional airport with many entities that benefit from it. The County has expressed a willingness to help us. We have also reached out to many employers and other surrounding counties to help us pay the air alliance. April 11, 2023 City Council | Minutes Page 11 of 17  Ms. Baum said an air alliance is necessary to keep our commercial air. Lee Hoffman asked Mr. Tomcich what drives the 50-seat airplane going away. Mr. Tomcich answered it is the raw economics and the pilot pay increases that changes everything. Mr. Hoffman said he understood that but he also mentioned the possibility of a smaller aircraft coming in. Mr. Tomcich answered the SkyWest Charters is a subsidiary that has been created within SkyWest that will address the pilot shortage. They will be operating under a different set of rules and will be able to use recently retired captains to occupy the left seat. He offered to forward an article that talks about the economics of that. It is very insightful. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve a three (3) month Transportation Services Agreement between SkyWest Airlines and the City of Elko, with a maximum liability of $365,000. The motion passed unanimously. (4-0) C. Review, consideration and possible rejection of all bids for Federal Aviation Administration Grant # AIP 3-32-0005-05-060-2023/061-2023 Rehabilitate Air Carrier Terminal Apron Phase II, Construction and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. Staff opened bids on March 30th, 2023. Two (2) bids were received for this project. The lowest responsive bid was from Granite Construction Company in the amount of $9,7706,625.00. The engineers estimate was approximately $5,200,000.00. The airport budget for the project was approximately $7,000,000.00 including the non-federal portion and matching of 6.25%. After consultation with the Phoenix Airport District Office and Jviation Inc. it has been decided to hold off on this project and re-bid at a later date due to lack of funding needed to complete this project. Staff will review bid documents and propose areas where costs of the project can be reduced for future bidding opportunities. JF Jim Foster, Airport Manager, explained we had an engineer's estimate on this. The estimate was padded to account for inflation. There is no additional discretionary funding available. The discretionary funding is money that gets allocated to airports above their entitlement funding. We have held off doing big projects for several years to roll over our entitlement funding, knowing we had this big project coming. We had a total of $5.2 million of funding we could use for this project. There were some surprises in the bids. We came to the conclusion we needed to hold off and rebid this at a later date. He recommended rejecting the bids. Mayor Keener called for public comments without a response. April 11, 2023 City Council | Minutes Page 12 of 17  ** A motion was made by Council Member Simons, seconded by Council Member Morris to reject all the bids for AIP FAA Airport Improvement Program Grant # 58 3-32-0005-05-060- 2023/061-2023. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE A. Review, consideration and possible approval of resolution 2-23: A resolution amending the City Landfill user fees pursuant to Elko City Code Title 9, Chapter 2, Section 21, and matters related thereto. FOR POSSIBLE ACTION. At the January 24, 2023 meeting, the City Council directed Staff to complete a business impact statement on the proposed fee increase for the Municipal Landfill. On March 14, 2023 at a Public Hearing regarding the business impact statement the City Council determined that, 1) the rule does impose a direct and significant burden upon a business or directly restrict the formation, operation or expansion of a business; 2) that a business impact statement has been prepared, accepted and is on file by the City; and, 3) the requirements of 237 of NRS have been met by staff actions. Jan Baum, City Manager, clarified we determined this does impose a direct and significant burden upon a business. This is the resolution to implement the landfill price increase. Mayor Keener noted this is the result of inflation that we are seeing everywhere. He reminded everyone that $922,500 was for the compactor that was not budgeted. We did not expect to replace it this soon. There are some real costs associated with operating a regional landfill. Councilman Puccinelli said it is regional, not just for Elko City. Councilman Morris said we can't continue to work in the red. It is an enterprise fund and needs to pay for itself. Mayor Keener called for public comments without a response. Ms. Baum said the increase is intended to be implemented July 1st. She asked that to be included in the motion. There was another correction of the date it is to be adopted. The resolution in the packet has Novermber and that will be corrected when it is sent out for signatures. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve Resolution No. 02-23, amending the City Landfill user fees pursuant to Elko City Code Title 9, Chapter 2, Section 21, effective July 1, 2023 with the corrections noted. The motion passed unanimously. (4-0) April 11, 2023 City Council | Minutes Page 13 of 17  B. First reading of Ordinance No. 882 adopting a change in zoning district boundaries from C (General Commercial) to GI (General Industrial), approximately .621 acres of property, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 03-22 at their meeting April 4, 2023. The Planning Commission recommended that the City Council to adopt an ordinance which approves the zoning district boundary amendment from C–General Commercial to GI- General Industrial for APN 001-290-RRL. CL Michele Rambo, Development Manager, explained this is just a housekeeping item. We had a parcel with two different zonings. A business wanted to move into this and the business didn't fit into both zonings. Mayor Keener called for comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conduct first reading of Ordinance No. 882 and direct City Staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (4-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 60-day Temporary Wholesale Liquor License and issue a Regular Wholesale Liquor License, to Kevin C. McCracken, DBA Summit Spirits & Wine, located at 6975 S. Decatur Blvd Suite 100, Las Vegas, NV 89118, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten said he has not met Mr. McCracken but there are no concerns on the background check. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve ratify the Police Chief issuing a 60-day temporary wholesale liquor license and issue a Regular Wholesale Liquor License to Kevin C. McCracken, DBA Summit Spirits & Wine, located at 6975 S. Decatur Blvd., Ste. 100, Las Vegas, NV 89118. The motion passed unanimously. (4-0) XIV. REPORTS A. Mayor and City Council April 11, 2023 City Council | Minutes Page 14 of 17  Mayor Keener reminded everyone of the Nevada League of Cities Annual Summit which will be in Ely. He thought it was the third week in June. Councilwoman Simons said she will miss both meetings in June and one in July for Summer vacation. B. City Manager Jan Baum reported Clean Up Green Up is April 22, 2023. Please participate. Mayor Keener asked Ms. Baum to draft a letter in opposition on both legislative bills discussed earlier. C. Assistant City Manager Absent. D. Utilities Director Dale Johnson clarified why the flapper gates are called that or swing gates. Calling them a valve is incorrect because they don't stop water. That cannot happen with those gates. E. Public Works Shane Fertig said we received our new compactor and it was up and running. Today it went down. Empire will have to pull some lines and recalibrate the dozer control. It's just little things. We have clean up day on the 22nd. We will be open and rearing to go. Paul Algerio said any questions about the flapper gates need to go to him. Mayor Keener asked said he was informed that at the new water shop, there were some of these gates unused. Mr. Algerio answered not to his knowledge. Dale Johnson confirmed there are not. Mayor Keener asked if they are getting any rest with the warmer weather. Mr. Algerio answered they have gone from plowing to fixing potholes and alleys. They are busy. F. Airport Manager Jim Foster said the Part 139 inspection went well. This winter destroyed the markings on the runways and we got written up on that. One of the big things he has been working on is the legislation on AB429. Things are picking up at the airport. We are watching floodwaters and standing water on the airport. April 11, 2023 City Council | Minutes Page 15 of 17  G. City Attorney No report. H. Fire Chief Chief Johnston said he just got a call of some flooding at Boulder Creek area into Autumn Colors. The river has only gone up .75 foot since the last time we met. We advise everyone to stay out of the water. I. Police Chief Chief Trouten elaborated on the dispatch fee increase. Elko is a wonderful place but it isn't the Elko is used to be. Crime is up. Please be politically active. The new laws are tying everyone's hands. We need support and pushback on crime. J. City Clerk Kelly Wooldridge reported she isn't tracking every bill like last year. Now she is tracking those that impact the city financially or creates new policy. K. City Planner Absent. L. Development Manager Mayor Keener said he has had complaints about the Elko Inn. Michele Rambo said they have sent out many letters. She has been in discussions with the City Attorney to see what can be done. There have been many calls for service at the motel and building code issues. They may be a public health hazard. The new owners took possession some months ago. There have been discussions with the owners but they are not as responsive as we want them to be. Elko Sanitation took their dumpster away for non-payment and now there is a trash issue too. M. Financial Services Director No report. N. Parks and Recreation Director No report. O. Civil Engineer April 11, 2023 City Council | Minutes Page 16 of 17  Bob Thibault said there is an open house meeting, next Wednesday, regarding FEMA flood maps. There will be representatives from FEMA and other entities. They will meet at the County Commissioners Chambers at 5:00 pm. Mayor Keener stated the new mapping has affected the new Dotty's on Front Street. Your thoughts were that since this was approved already, it can be brought to Council for an exception. Mr. Thibault said that since then, the engineer has looked further at it and has considered raising the building .85 feet to meet the City's flood plain requirements. He has decided not to go that route and they have submitted for a variance. P. Building Official No report. XV. 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. There being no further business, Mayor Reece Keener adjourned the meeting at 6:55 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk April 11, 2023 City Council | Minutes Page 17 of 17