Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS April 25, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, April 25, 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: 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 Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director Michael Hanley, Deputy City Attorney James Johnston, Fire Chief Lowell Black, Financial Services Director III. PLEDGE OF ALLEGIANCE April 25, 2023 City Council | Minutes Page 1 of 26  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, gave a quick update on the Swimming Pool/Recreation Center. They are under full design right now. They have made the decision to do a complete set up of 3D models and different ideas and put it out to the community to decide between indoor and outdoor or both. Drawings should be done within the month. Wendy Charelbois, 606 Courtney Drive, representing Zero Suicide Elko County, said the goal of the group is to educate, support, and collaborate with community to prevent suicides in our community. Nevada is looking better the last five years, we are the only state that has decreased in suicide statistics. Suicide is one of the leading causes of death in children ages 11-19 and they are preventable. The event will be on Saturday May 29 at the Convention Center at 9:00 a.m. There is a key note speaker and a therapeutic drummer for the event. They will also be doing drumming with the schools and a youth mobile crisis program in the community. National Alliance for Mental Illness representatives will be there and then there is a three hour training on "safe talk" that will teach you how to talk to people about suicide. Please take an interest in suicide prevention. We can all do something to prevent suicide. The youth mobile crisis number is 775-450-9002. Mayor Keener asked about the website. He has been on the site and there is a lot of information on there. Ms. Charelbois said the website is: zerosuicideelkocounty.org. Facebook also has information. The new crisis hotline is 988 and it is also a resource for suicide or other crisis. Assemblyman Ellison said it is important to get the School District the new curriculum and thanked zero suicide. Gail Rappa, Humanity Center Coordinator Great Basin College, said they are partnering with Zero Suicide to do an evening event after the conference. It is an Arts and Healing Project for all ages. It is very family friendly. There will be local and national drummers there as well. She gave handouts regarding the event. V. APPROVAL OF MINUTES A. Approval of Council Minutes 4/11/2023 Regular Session The minutes were approved by general consent. April 25, 2023 City Council | Minutes Page 2 of 26  VI. PRESENTATION A. Reading of a proclamation by the Mayor in recognition of Arbor Day, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. James Wiley, Parks and Recreation Dept. stated the City of Elko is also designated a Tree City USA. We planted a bunch of trees last weekend. We coordinated this with Clean Up/Green Up. The trees were spread out from the Main City Park to the new Sports Complex. B. Presentation of the Elko Police Department's 2022 Annual Report, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Chief Trouten gave a presentation. Mayor Keener said congratulations on a strong 2022 and the entire department is to be commended. The online reports being down stood out for him. Chief Trouten feels this is an effect of the SET Team going out and a reduction in burglary. Mayor Keener believes the recipients of the awards deserve recognition. Chief Trouten stated Brent Pepper was rookie of the year. He is a dynamic professional and a high performer. Corporal Williams is a long-standing officer who started off as a member of the bomb squad. He worked up to commander of the SWAT team. He is an excellent crisis negotiator and field trainer. Councilman Morris stated the fentanyl problem is directly related to the cartels in Mexico. People need to educate their kids about this and that it is in Elko. Chief Trouten stated there are worse drugs headed our way that do not respond to Narcan. Wendy Charlebois asked if Social Workers are going out on domestic violence cases. Chief Trouten stated we have a domestic violence system advocate that contacts the victims following the report. Chief Trouten talked about the 988 program and tablet for Mental Health. Vitality also has an outreach van that can come to the scene. Lee Hoffman, 1085 Barrington Ave., asked if there is anything in sight regarding the staffing shortage and what they are doing to resolve it. April 25, 2023 City Council | Minutes Page 3 of 26  Chief Trouten stated it is looking better but they were not able to hire one sworn officer last year. This year they have hired three, all lateral. There are two more in the works and one in the background process. The strength of the community and the City government that supports the Police Department is huge. The salary is commiserate across the state. The hard part is how to get the word out about opportunities in Elko. They did do some policy changes, for example, Officers can now have tattoos. Councilman Morris stated this is a problem across the country. Assemblyman Ellison asked if there are any officers leaving for Las Vegas as has happened in the past. Chief Trouten explained this has not been a problem recently. We are seeing the inverse flow of people coming from the larger areas to be in a more conservative rural area. Chief Trouten stated we need to pay attention to some of the legislative bills so we can hold people accountable and not become California. Mayor Keener expressed thanks to the Police Department. VII. PERSONNEL A. Employee Introductions: Bruce Canfield, Airport Operations/Maintenance Officer Jacob Lister, Golf Course Maintenance Technician Greg Thomason, Lead Golf Course Maintenance Technician, Promotion Also introduced was Austin Bochman, Golf Course Superintendent. All present and introduced. VI. PRESENTATION (Cont.) C. Presentation by the Community Development Department and the Office of the City Attorney, regarding ongoing violations of the Elko City Code, including a public nuisance at 837 Idaho Street (Elko Inn), and matters related thereto. INFORMATION ONLY – NON ACTION ITEM The City of Elko has received and investigated many complaints from neighboring residents and businesses regarding the Elko Inn at 837 since June of 2022. City Staff has also seen the property firsthand and has confirmed the presence of conditions and activities, including possible criminal activity, that are believed to constitute a nuisance under the City Code. MR At the City Council meeting of April 11, 2023, the Mayor of Elko requested that an item be placed on the next agenda to review these matters. The City Attorney’s Office will explain actions currently underway to address these issues and will describe the process set forth in the City Code for abating nuisances. April 25, 2023 City Council | Minutes Page 4 of 26  The owner of the property will also be given an opportunity to address the City Council. MR Michelle Rambo, Community Development Manager, presented a summary of actions taken to date. There are two parcels with two addresses that are one business. Ms. Rambo reviewed the presentation. She turned the meeting over to Chief Trouten. Chief Trouten stated to call this a public nuisance is very fitting for this. There are several criminals that are squatting there. The onsite manager is sheltering the criminals as well. There are many comments about not knowing what to do when the windows are broken. You call the police. One particular criminal that we are working at keeping in jail was found at that motel. The employees of that owner are scared to go take care of things at the motel. Many homeowners and businesses have been effected by this motel. We get non-stop calls to this place. Mr. David Stanton, City Attorney, introduced Michael Hanley, Deputy City Attorney, who explained the abatement process and where we are at in the process. Mayor Keener asked the property owners if they had a statement. Mr. Keith Worburten, 837 Idaho St., explained they bought the hotel at the end of December from an owner they have bought several rundown hotels from. They buy these run-down hotels to rehabilitate them into affordable housing. Elko is a great place to do this business in because housing is needed, especially at an affordable basis. There is no way to start from the ground up to build apartments and have them be affordable. Our business is to find an old motel that has been poorly ran, buy it in a zone that allows affordable housing, which we did on Idaho Street. What it takes to get it to apartments can be difficult. In our situation, there were probably 25-30 people living in the hotel. They were paying on a cash basis to the hotel manager who would not report it to the owner. They would house drug users and traffickers on the property. The laws of Nevada are different than other States. In Nevada, once you have been in the unit for 7 days, you have tenancy. Once you have tenancy, you have to be evicted in a formal manner with a judge and go through a formal eviction. It is very difficult to do when you don't know their names or which unit they are staying in. When we bought the property they had kicked through the drywall from unit to unit and locked the doors, making it their place. It took until last week to finally get a locksmith that could get here and get into the various units. You can't get into the units if somebody has tenancy in a unit, and that creates another problem. As of today, there are 2 people left of 25. Drive by the property and look at it. We have taken every drape and opened them so we can see who is in what unit. If the drapes are closed, someone is in the unit. If the drapes are open and the lights are on, that unit is vacant. We are not trying to run it as a business. We have not moved people in; we have only moved people out. Anybody that has moved in is somebody's criminal friend who is getting move in. Then we have another person to try evict. We get the one out and they let their friend in and it becomes a circle of death on the property. It has not gone the way we thought it would go but we are getting better at it. We got the locksmith here and changed all the locks on the units. We cleaned up everything and we covered the graffiti. Give us your list of things you want us to tighten up or bolt up. Our general contractor was here last week and met with the building department and started discussions there. What will happen next is we will get an architect hired. They will start doing architectural plans for safety and ADA. The safety usually April 25, 2023 City Council | Minutes Page 5 of 26  has to do with fire which we will have to find a way to get fire suppression into a building so it can pass fire code. Then, ADA units to make sure most of the residents we house usually have some sort of ADA issue. We work mostly with the VA. The challenges the VA is having is they are trying to do affordable housing but most of the people with VA benefits have substantial amount of money that come to them every month. Then they don't qualify for affordable housing because someone that does affordable housing that takes public funds, then they can only rent to people at 60% or 40%. A lot of those VA people don't qualify because they make too much money. However, they have a background issue, whether it is criminal or credit, and they can't get housed, that is where we come in to play to help house those people. We also do women’s battered shelters and things like that in other places we are at, like in Logan, Richfield, Salt Lake, Grand Junction, CO, Tucson, AZ. We have done this and have about 880 units combined, in properties like this in the past. When we get to the end of the day, they are generally a pretty good place. Mayor Keener asked why were they unresponsive. Mr. Worburten answered they had a couple of issues. They tried to get out here a couple of times. He had a group of managers that were coming out from the original property, Jason and that. Actually, they were the ones that received the death threats and their cars were keyed. The difficult part was getting to areas of the building. They couldn't get access into a lot of areas of the building until just recently because someone was living in it. Someone was squatting in it and in Nevada, after 7 days, they had residency. Some parts were locked. The manager had taken the keys so we couldn't get into certain parts of the building. We had to get a locksmith from Salt Lake to come in and get it rekeyed. We could not find a locksmith locally. We could not key a building that big. Mayor Keener said but most of the complaints surrounded items in the alley, the parking lot. It had nothing to do about the inside. Mr. Worburten stated it was not their intent to leave it like that. We had a couple of caravans that planned to come out but we got snowed in more than once in Salt Lake. We had the flood in Florida where our locks were coming from. That put our locks back about 2 weeks to get our locks to us, to our locksmith, from Salt Lake to here to get it rekeyed. Some of the people hired to do the work didn't do the work. Mayor Keener stated the neighbors and people in the community are nervous about what "act two" is going to look like. Mr. Worburten felt they had a pretty good track record. They won an award in Logan for how good their property turned out. The State of Utah gave them a $4 million grant for their property in Salt Lake, the City gave them $2 million and the RDA gave them $1 million. Because what happens here is, there is a huge disconnect in affordable housing. He is one of the only private developers he knows of that does this. It usually comes through a non-profit or someone that already provides housing for that. It is pretty difficult to handle your most vulnerable population and get them housed. We talked about the drug problem. The biggest issues that cause homelessness are drug addiction and mental illness. Those are the two main drivers and you can see them and you can hear about them and talk about them. They are happening here and they are happening everywhere. You can't get those people treatment or help until you get them housed. Once they are housed you can get the supportive services April 25, 2023 City Council | Minutes Page 6 of 26  to them and get them started in that way. He didn't know the laws of Nevada. He had never evicted someone in the State of Nevada. He didn't know in seven days you had tenancy and then from there it was a three month process to get someone out. That was on him and he should have known better and did more research before he bought it. When he bought it thought it was going to continue running as a hotel until they got the proper permitting done to make it into apartments. However, it was in such poor condition it could not be run as a hotel, and there was no reason to try until we got people out of the state of tenancy. Councilman Stone asked how long do you think it will be until everyone is out. Mr. Worburten answered it is up to the judge. It keeps getting appealed and kicked down the road for 30 more days. We negotiated with one of them for cash for keys. They offered him $450 to leave and he seems amenable to it. The other one is Hilary. She was the manager and has been there forever. She has basically stolen all of the camera equipment and locked it into her unit, and he has not seen her for months. Dave Stanton, City Attorney, stated he disagrees it takes 30 days to kick someone out. He asked who is the attorney they are using. Mr. Worburten stated our management team filed. They are not using an attorney yet. Mr. Stanton stated they needed to have an attorney represent them if they are not familiar with Nevada law and getting people evicted. Mr. Stanton stated again they need an attorney representing the evictions. Mr. Worburten said it is also about trying to get people served. Trying to get people served there was almost impossible. Our problem is not just getting people out, it is keeping people out. We have tried to make some big steps this last week by changing all of the locks and resealing all the holes that had been kicked in. Councilman Stone asked why they are not paying the water bill. Mr. Worburten stated because, you can see from the time that he owned the property, most of that water was owed by the back owner. They had not paid the bill since October. For some reason it wasn't cleared at title so he started fighting with that owner and he did not heat the building. When they got in there in January, it was negative 5 when he got to Elko and a lot of the water pipes had been broken. It was a complete disaster there and he tried to get the previous owner to pay it. He will get that current. He asked if he only needed to pay from when he owned it or had to pay all of it. Mayor Keener stated they are not in a position to have that conversations. Mayor Keener asked Mr. Stanton what do we do if the property is not habitable. Councilman Morris stated there are more than two rooms being occupied. He saw people peeking out of the windows today. Councilman Stone asked how long this will take? A year? April 25, 2023 City Council | Minutes Page 7 of 26  Mr. Worburten said when you do a change of use, you have to come in with a full set of architectural plans and meet with the building department. Then, once we do that, the building department issues us a building permit. We can do it one of two ways. We would love to meet with the City and see if you have a need for workforce housing or transitional housing that we can use the building for while we transition it into apartments. If that is the case, we can do that. In the past we have done a master lease with the women's shelter or a master lease with the Rhode Home in Salt Lake where they house people with a voucher. We usually put case management on site. Then we can use the property for a good use until that property is permitted. We can shut the whole building down and do all the work at once. We can take is down in sections and that way people that have been housed in it are not displaced. Mayor Keener asked for public comments. Lina Blohm, Blohm Jewelers, a block down the street, who is also a realtor in the building across the street from this property. She knows this Elko Inn used to be a prime five star hotel built by one of Elko's finest contractors. It is appalling we would consider a homeless camp in this area when we are spending a ton of money to revitalize downtown. She cannot believe we are even discussing this and City Council needs to evaluate the appropriateness of this. This is another reason for conditional use permits. Leslie Rangal, 902 Court Street, said her business is across the street. The concern is the problem has gotten worse, not better. She has a counseling business and has had to explain to countless children the cussing and graffiti. She has had multiple things stolen. At this point, she is concerned for the safety of the entire community and the Council needs to take action. She has footage from this morning of three dogs out in the front, one loose. The manager came out and invited a fourth dog into the building. John Ellison stated there are several business effected by the transients coming from this hotel. One business has had to put locks on the door. Another business had had to hire more people to watch them when they come into the business because they just take whatever they want. He asked that Council get a good number of the number of businesses being affected. Is this a good place to put low income housing? John Warrenbrock, 929 4th Street, said he has the same concerns with picking up trash and he has spoken to other business owners afraid to come today. Mr. Worburten stated this will not be a homeless shelter. The permitted use is apartments and he would build those to code. It is not fair to discriminate of who lives there if you don't like how they look. He is passionate about being able to rent it to someone who needs it. He stated you cannot discriminate against your most vulnerable residents in Elko, that is a shame. He agrees with the business owners because they kicked their way in and moved in. He stated the graffiti and feces has been picked up. They found two dogs in the back rooms today. They were the dogs of the person arrested. One of the managers put the dogs in the back area. They will make sure animal control is called. April 25, 2023 City Council | Minutes Page 8 of 26  Mayor Keener asked about chain link fence around the property to secure it. Mr. Worburten stated this is not a bad idea. It is not a bad idea to keep it safe from people getting into a construction zone. In Salt Lake they were using a mobile camera that went straight to dispatch. That was a way he used to deter in Salt Lake. Mayor Keener stated something needs to be done now. He asked what are they going to do now. Mr. Worburten said they want to talk to the city about what they would prefer us to do. Do they want us to open it up for temporary or transitional housing until we get our permits. If not then maybe you want it closed up and get the health department in. That might be a solution for getting people out. Then we can get the fence up. Councilwoman Simons stated it is no shape to be rented. She wants to be given a specific timeline that everyone will be out and a fence would be up. Mr. Worburten stated he would love to give a date but there is a local judge that will not give him a date. He doesn't have a date but the were able to negotiate with that one person today. Can pay people to leave. Scott Wilkinson, Assistant City Manager, stated the trespassing individuals takes an effort and due diligence on the owners part. If you trespass them off the property the number should not be growing. You need to do that before the seven days. Sean Hammond, 837 Idaho St., said he works with Mr. Worburten. As stated, now that the building is secured they can monitor better. They are down to two legal squatters. They have to go through new eviction filings because it was not completed in time last time. They expect to have the property cleared in seven days. Chief Trouten asked about the very people you are trying to convict are the same population you want to house. This should not be a problem for you. Elko has many section 8 houses. This issue will continue to plague you unless you are a good on site owner. He lacks any confidence we will see anything different after renovations. Mr. Worburten stated because most people will take case management. You have to get them housed first, then services second. If you arrest them and let them go, then arrest them and let them go, and arrest them and let them go, he can have the same argument that we haven’t' seen a significant change in drug trafficking in Elko. Is that a direct reflection on what he is doing, no. Is it a direct reflection on him when he is doing what he can but can't get them out of his place, no. The Police Chief is doing the best he can to move the drug trafficking, he will do the best he can to get these people housing and services. The drug trafficking is going up but that does not mean that he can't do his job. You give him a chance, and he will give you a chance. This is a very difficult problem. He can't go build housing for any way affordable at all, but if you take a bad hotel with no way to survive as a hotel, you can turn it into housing. What is the best use for it? The best idea for this is to house the most vulnerable population. We partner with community services, housing authority etc. April 25, 2023 City Council | Minutes Page 9 of 26  Councilman Morris stated if you would have been here in the beginning we wouldn't have this problem. You were trying to run this from some other place and that is why we are here now. Mr. Worburten agreed and stated we inherited a drug haven. It wasn't like we moved them in or we were running a bad business. We false started and didn't get here in time and we didn't use the force needed fast enough. Ms. Rappa recently bought a home two blocks from this location. We were excited because it is a historic house and in the downtown rehabilitation district. Now I cannot let my 12 year old daughter walk three blocks to the library from her house. Getting rid of graffiti is not a huge ask. She is very disappointed this has been going on since June. She doesn't understand how there can be a manager living on site that cannot be removed. This is our community. I have no problem with low income housing and apartments if it is done right. My issue is that what we have now is unacceptable. Ms. Rambo stated it has previously been suggested they fence the property and get on site security and none of it has come to fruition. It is not currently approved they can become apartments. They need a conditional use permit. Scott Rangel, 902 Court St., said we bought our property in 2020 and we have had nothing but problems. There have been multiple cars deserted, the number of police calls, muggings, and prostitution. The fact you bought the property not knowing it was distressed. Mr Worburten stated these are the properties that worked the best. Long-term rental breaks the use of the property right now. He wants to put it into legal use with the correct fire suppression and ADA use. Mr. Stanton stated that this is just a presentation to let the Council know where things are procedurally. He wants to caution the Council we cannot deliberate toward anything. Councilwoman Simons asked if we can put something on the next agenda. Mr. Stanton stated we can ask for a status update because we need to follow the nuisance process. Mr. Worburten asked if he can be served now. Mr. Stanton stated we will have to do it according to the requirements in the code. Mayor Keener called for final comment. Bob Thibault 901 and 949 Court Street is speaking as a citizen. There was an attempted break in of one his properties. He showed a short video. The problems have increased over the last year. He encouraged it to be pursued as a nuisance. Mayor Keener encourage them to get their hands around this problem, if that is hiring security or building a fence. It is really a bad scene. Every member of this board has heard from people. It is April 25, 2023 City Council | Minutes Page 10 of 26  easy for them to forget the problem they have created in Elko because they don't live in Elko. Their unreliability will make it very difficult for them to do anything in Elko. XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 882, an ordinance adopting a change in zoning district boundaries from C (General Commercial) to GI (General Industrial) approximately .621 acres of property and processed as Rezone 3-22, and matters related thereto. FOR POSSIBLE ACTION The City Council conducted first reading of Ordinance No. 882 on April 11, 2023 and set the matter for second reading and public hearing. CL Mayor Keener called for public hearing at 6:00 p.m. Cathy Laughlin, City Planner, stated this is Union Pacific property off of VFW Drive. The current zoning is dual zoning. This has not changed from first to second reading. We want to change the commercial zoning to general industrial. This is consistent with the planning process around zoning. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to conduct second reading, public hearing and adopt Ordinance No. 882. The motion passed unanimously. (5-0) XI. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible approval of a variance, related to the construction of a Dotty’s Casino, located at 404 South 5th Street, from Section 3-8-5 Subsection 3 of the Elko City Code which stipulates a lowest floor elevation requirement of two feet above the base flood elevation, allowing a building to be constructed 1.15 feet above the base flood elevation, and matters related thereto. FOR POSSIBLE ACTION The property owner is proposing to construct a Dotty’s Casino at 404 S. 5th Street. The owner’s engineer has filed a variance request allowing for a lower floor elevation of 1.15 feet above base flood elevation for the proposed structure. The variance request is to build 0.85 feet lower than the required two feet above base flood elevation stipulated in the code. This project was approved roughly one year ago, when the flood maps showed the property to be outside the Special Flood Hazard Area. With FEMA’s release of new flood maps which become effective on May 23, 2023, this property will now be mapped within the Special Flood Hazard Area. BT Bob Thibault, City Engineer, stated this project was approved before the new FEMA maps were introduced. He felt this is a good project for a variance because they have been in planning with this for over a year. April 25, 2023 City Council | Minutes Page 11 of 26  Mayor Keener asked Assemblyman Ellison for comment. Mr. Ellison stated there is only one small piece down the alley where they are building a concrete wall that will help the issue. They are there to break ground right now and this is the only thing holding us up. Mayor Keener asked if Mr. Ford, Building Official, had anything to add. Mr. Ford stated no. Mayor Keener called for public comments without a response. He stated he was in favor of approving a variance on this. Councilman Stone disclosed that about five years ago he received a small campaign donation from Dotty's but it won't affect his voting on this item. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the variance, related to the construction of a Dotty's Casino, located at 404 S. 5th Street, from Section 3-8-5 Subsection 3 of the Elko City Code, allowing a building to be constructed 1.15 feet above the base flood elevation. The motion passed unanimously. (5-0) IX. NEW BUSINESS D. Review, consideration, and possible approval of the verified complaint and initiation of an investigation of the actions of The Punch Bowl, LLC, a Nevada limited-liability company (the “licensee”) regarding City of Elko Liquor License # 30082 and issuance of a citation to appear within twenty (20) days after service of the Complaint upon the licensee in accordance with Elko City Code Section 4-5-13, and matters related thereto. FOR POSSIBLE ACTION Attached to the agenda is a verified complaint against The Punch Bowl, LLC. The complaint describes incidents and occurrences allegedly constituting violations of the Elko Liquor Control Code which occurred at or in the vicinity of The Punch Bowl during the previous year. Elko City Code Section 4-5-13(A) provides as follows: A. Authority Of City Council: The city council may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter and shall have power to suspend for such a period of time as they deem advisable or terminate a license or place such restrictions and conditions upon a license as they shall deem necessary or advisable, for any one of ten enumerated acts or omissions. Elko City Code Section 4-5-13(B) provides as follows: B. Citation To Appear: Except in cases of the automatic cancellation or revocation of a license as in this chapter provided, upon the filing with the city council of a verified complaint charging a licensee with the commission, within one year prior to the date of April 25, 2023 City Council | Minutes Page 12 of 26  filing the complaint, of any act or omission which is cause for cancellation, suspension, revocation, restriction or conditioning of a license, the city council forthwith shall issue a citation directing the licensee, within twenty (20) days after service thereof upon the licensee, to appear by filing with the city council the licensee's verified answer to the complaint showing cause, if any the licensee has, why his license should not be terminated, suspended, restricted, or conditions placed thereon. Service of the citation will be made upon the licensee in accordance with City Code Section 4-5-13 on or before May 1, 2023 and the citation will direct the licensee to appear before the City Council on May 23, 2023. The licensee should file with the city council the licensee's verified answer to the complaint showing cause, if any the licensee has, why his license should not be terminated, suspended, restricted, or conditions placed thereon. Michelle Rambo, Community Development Director, went over a list of complaints she has been notified of and her inspections. Chief Trouten stated that prior to any liquor license being approved he sits down with the applicants and goes over the issues we see with some of the bars. He did have this conversation with the owner on 6/23/2020. He asked her to call and work with them before things get out of hand. There has been issues about the use of cocaine in the bar. They met in June about the Elko Sanitation bill, use of the sidewalk without a permit, and complaints about a tailgate party in the street that resulted in great deal of trash and vomit in front of the bar. I told her again about the requirement to clean up. The last one is unique. In December 2022 he had another bar owner ask to meet with him regarding the Punch Bowl. The complaints were about people living there, drug use, and the Punchbowl having people being armed in the bar. There are a number of calls involving weapons, fights, and assault. This is different than disturbing the peace. There is a drastic difference concerning the types of calls from other bars in the area. When the bars are doing their jobs and respecting the privileged license they do not have this problem. He has tried working with the owners and the same issues are present two years later. He does not see this problem being rectified. Dave Stanton, City Attorney, explained the procedural order. Mr. Hanley, Deputy City Attorney, reviewed the complaint in the packet. Mr. Hanley explained the code and further explained the procedure. Mr. Stanton reminded Council this is not the hearing. He stated that the motion is to complete the investigation. Mayor Keener called for Ms. Quintana, owner of Punch Bowl, LLC. Mandy Quintana, Owner of Punchbowl, stated she does not have excuses, she has reasons and explanations. She feels she is being unfairly targeted about a few things. She stated she will probably cry because she is an emotional person. She feels she is unfairly targeted for the Police calls. She states she called because they told her to. She states she calls because she trusts law enforcement. She knows there was somebody murdered in front of that bar some years ago. She stated she hired a gentleman a year ago and she knew he put the cooler in the alley and she repeatedly asked him to have it removed. As soon as she got the code enforcement call it became more urgent to me and she had ten large male customers help me remove it. The garbage issue, she dropped the ball. She does not always think about the alley. The gentleman she hired was maintenance and security. He was stealing April 25, 2023 City Council | Minutes Page 13 of 26  from her and bringing the dog to the building when she was not around. She had a lot of problems with him to include drug use. She called an officer to remove the drug paraphernalia he brought into the bar. She believed he was living in the bar without permission. She does not condone drug use within the bar. She tries to watch. The drug problem in this town is very bad. She put a "do not use cocaine" sign in the bathroom that was ripped down. She admitted she run out of alcohol and has gone to the store to buy it. Going into this she was a bartender with a dream. She wanted to make a fun bar. Most of her customers are great people that love music and art. Owning this bar has shown her daughters they can be successful. She was not prepared for how this happened. She got overwhelmed, but she is starting to make changes. Mayor Keener called for public comments. Catherine Wines, 421 Railroad Street. She stated she is down the street from this bar. I have been complaining about this bar, the other bars, and the filth they leave for several years. I was chastised for it and a lot of your staff said she was demanding too much. Hopefully there has been a change of heart. Our community deserves better than the Elko Inn and the Punchbowl. She was the one that put in some of the complaints because this place is filthy. At some point we have to do something in this town to stop this. After she was up here a year ago, she and the Chief got together and are proposing changes to the liquor codes. She has been told there are other priorities. What is the priority if there is not cleanliness and safety. She pays the same property taxes as anyone else in town. She has cleaned up vomit, blood and stepped over feces on Railroad Street right downtown. She encouraged Council to do something about this liquor license. The dumpster in the alley serves the entire block. That cannot be completely blamed on the Punchbowl. Please do something. Ms. Quintana stated she is open from 9pm - 4 am. There are times the outside front area is dirty. There are other bars and the whole downtown area ends in one spot. Sometimes things do land in front of her bar. She is not there on Sunday and Monday. She will start going through to clean on the days they are closed. She has not done this. Cathy Laughlin, City Planner, stated that several years ago there was a big move to clean up that alley and the redevelopment area. The intent was to clean it up and for the most part you have bars paying the Elko Sanitation Bill. The most trash we get is the bars. The intent was to be fair to all of the users on the block. She gets the calls when the Punch Bowl is not paying their bill. They are never caught up. It is the other users on the block paying for this. Mayor Keener stated asked how much the bill is currently. Ms. Quintana stated it is paid in full. Kelly Wooldridge, City Clerk, added it is in our City Code and State Law that liquor has to come from distributors. Chief Trouten goes over that with the applicants. This could cause the state to come in and do an investigation as well. Mayor Keener stated he knows the Punch Bowl has come up frequently in the last three years. In his opinion we need to move forward with the complaint. We can decide at a later date the severity of the punishment. April 25, 2023 City Council | Minutes Page 14 of 26  Councilman Morris stated we need to accept the complaint and initiate the investigation. Councilman Stone stated we need to stay consistent to circumstances from the past. Councilman Puccinelli stated this may be a wake up call. Personally, he hated to see a business shut down. Hopefully this is thing they need to say "pull your head out." He has a problem when nobody is cooperative. He was in favor of an investigation. Mr. Stanton repeated again the licensee will have an opportunity to present evidence and argument. Ms. Quintana asked for clarification about nobody being cooperative. Councilman Puccinelli explained they get a weekly report from the Police Chief. It says there was a call to the Punch Bowl and no one was cooperative. Ms. Quintana doesn't know why it is saying they are not cooperative because they are the ones that call. Councilwoman Simons it sounds like Ms. Quintana is excited about making this work and if we go forward with the investigation she can keep improving things. Mayor Keener asked about how long it would take to conduct the investigation and set a hearing date. Mr. Hanley answered probably a month. Mayor Keener stated this is a significant cost to the City. We have these liquor codes in place for a reason. ** A motion was made by Council Member Simons, seconded by Council Member Morris to accept the verified complaint and initiate an investigation of alleged Liquor Code violations by The Punch Bowl, LLC, a Nevada Limited Liability Company, City of Elko, regarding Liquor License #30082 and direct the City Clerk to issue a citation to appear before City Council to be served on the licensee on or before May 1, 2023. The motion passed unanimously. (5-0) A. Review, consideration and possible ratification of Staff approval of a Conditional Street Cut Permit issued for 2073 Eagle Ridge Loop under Section 8-2-6 of Elko City Code, and matters related thereto. FOR POSSIBLE ACTION Elko City Code Section 8-2-6 requires that except in an emergency, if a permittee wishes to excavate within a street or paved alley that is five (5) years old or less, the permittee must receive City Council approval prior to excavation. In granting approval for a new excavation permit pursuant to this section, the City Council may place any conditions on the permit it determines are reasonably necessary to protect the City streets. April 25, 2023 City Council | Minutes Page 15 of 26  A sewer was not installed during construction of the public improvements for this address and requires a street cut to facilitate the installation of the lateral. The issue was identified by the contractor in November 2022. The contractor indicated the street cut was delayed at the request of the prior Public Works Director pending timing of construction and weather. The permit was authorized by the Assistant City Manager with the following conditions: 1. Modify the bldg. permit, if required, showing the extent of the lateral. 2. Utility inspect and approval for the install and connection to main. 3. Compaction results for backfill. 4. Cold patch until final patch. 5. Final patch and approval by street dept. by end of July 2023. SAW Scott Wilkinson, Assistant City Manager, stated we have gotten to a point where we have a conflict with finishing the home and getting a CFO. He did a conditional approval of the street cut and is looking for ratification of that decision. Mayor Keener asked Dusty Shipp for comment. Dusty Shipp stated over the last year he has been here several times complaining about the systems and processes. In December he talked to Dennis who told him we need to figure out a solution but please wait until the end of construction so it's not opened over the winter. He asked for the permit and was told he had to go before City Council. He talked to Scott and he figured out how to make this happen. This is not normally how things have been done, and he appreciates the effort to maneuver through the policies. He is hoping we can continue to work on some of the other issues we have talked about for a year that are not solved. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to ratify staff approval of a Conditional Street Cut Permit issued for 2073 Eagle Ridge Loop under Section 8-2-6 of Elko City Code. The motion passed unanimously. (5-0) X. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 880, an amendment to the City Zoning Ordinance, specifically Section 3-2-2; Definitions, 3-2-10; PC, C Commercial Zoning Districts, and matters related thereto. FOR POSSIBLE ACTION April 25, 2023 City Council | Minutes Page 16 of 26  The Planning Commission initiated the amendment to 3-2-2 (Definitions) and 3-2-10 (PC, C Commercial Zoning Districts) on March 1, 2022. The Planning Commission conducted a public hearing on Ordinance No. 880 on April 4, 2023 and made a motion to forward a recommendation to City Council to adopt an ordinance which approves Zoning Ordinance Amendment No. 1-22 of the Elko City Code with the amendment of removing the words "or change in ownership" from proposed Section 3-2-10(B)(8)(c). CL Cathy Laughlin, City Planner, explained the proposed changes. We did a lot of reorganization in the code. Currently, within the Central Business District, any new business would be required a conditional use permit for any business that may cause a nuisance, such as noise, light or odor. Years ago, we talked about in that section code, instead of any new business, state any change in ownership. The Punch Bowl would be an example. It is an existing business and has changed owners many times. We cannot require a conditional use permit because it was never required. Conditional Use Permits are unique to each business. The Planning Commission did not agree and made the recommendation to eliminate the words, "or change in ownership." Chief Trouten directed Council back to the previous item we discussed. These requirements are in code but they claim not to know about it. It is critical to ensure they follow these guidelines. The businesses with a CUP are not a problem because they follow their CUP. We want all businesses on equal footing. Dave Stanton, City Attorney, stated he read this and changed some things in the draft. He is now having some issue with the change of ownership language. If we do that then we have to make some other changes to the code. It would have to take place in conjunction to this. He thought this should be tabled so he can look at this a bit further. Ms. Laughlin said she saw the point he was making. We are talking about existing businesses that would fall under the requirement within the central business district, that would change ownership. Scott Wilkinson, Assistant City Manager, thought we need to look at this further and consider partnerships and other changes of ownership. There are some questions they have right now. The City Attorney needs some time to contemplate any unintended consequences. Catherine Wines, 421 Railroad Street, said she understands what the Planning Commission is saying but when you have a bar nearby, that can be burdensome too. You need to be a good neighbor and this is a chance for the City to require these bars to be good neighbors. Let's not put this off too long. Lina Blohm, 495 Idaho Street, wanted some clarity. She agreed with the concept. It is too bad we need more oversight. We need the teeth to be able to enforce cleanliness downtown. It has become a problem. If we had this change of ownership in the code, perhaps we would not be looking at this issue with the Elko Inn. Ms. Laughlin said normally hotels would not fall into the definition of a business that would require a CUP. The apartments would require a CUP no matter what. That change of ownership would not have triggered this. April 25, 2023 City Council | Minutes Page 17 of 26  Bob Thibault, Civil Engineer, said the CUP can run with the land. What we are talking about with this is there are a lot of business that don't require a CUP. They can run with the land and if the new owners don't agree with the conditions, they can apply for the change. We would like to apply for a CUP on some of these other businesses that have never been required to have a CUP. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to table this item. The motion passed unanimously. (5-0) VIII. 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 $670.423.40. The motion passed unanimously. (5-0) B. Review and possible ratification of General Hand-Cut warrants, and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the general hand-cut checks in the amount of $56,054.68. The motion passed unanimously. (5-0) C. Review, consideration, and possible action to reject all bids for the acquisition of a new Armored Rescue Vehicle, and matters related thereto. FOR POSSIBLE ACTION At the April 11, 2023 regular meeting, the City Council voted to award a bid to Terradyne Armored Vehicles Inc. for the purchase of a new Armored Rescue Vehicle. No contract documents were signed after the City Council’s vote. This purchase is funded through a $350,000 grant from the Office of the Military, Division of Emergency Management, and is subject to Federal regulations set forth in 2 CFR Part 200 and State requirements contained in NRS Chapter 332. In reviewing the bid documents, it was determined that not all Federal and State requirements were satisfied, which has the potential to jeopardize funding for this purchase. TT Chief Trouten stated this one is his fault. He should have asked it to be tabled last meeting. Kelly, Dave and I have gotten together and I have received an education about what we need to do to meet the qualifications. I ask that we move forward and get it rebid correctly. April 25, 2023 City Council | Minutes Page 18 of 26  ** A motion was made by Council Member Stone, seconded by Council Member Morris to reject all bids for the purchase of a new Armored Rescue Vehicle and direct staff to re-bid this purchase with corrected bid documents that comply with Federal and State requirements. The motion passed unanimously. (5-0) IX. NEW BUSINESS (Cont.) B. Review, discussion and possible approval of a letter opposing Senate Bill (SB) No. 226, "AN ACT relating to public works; providing a declaration of legislative intent regarding the payment of prevailing wages on public works projects; deeming certain projects to be financed in whole or in part from public money for purposes of determining whether a project is a public work; excluding certain public works projects from certain procedures for awarding contracts; revising certain definitions relating to public works; requiring the payment of prevailing wages to workers who perform custom fabrication on a public work or for certain performance contracts of local governments or state agencies; and providing other matters related thereto." and matters related thereto. FOR POSSIBLE ACTION SB226 expands the definition of public works projects. This bill could jeopardize future development projects which include public-private partnerships within the City of Elko and non-profit entities in the City that provide vital services to our community. City Council members requested a letter in opposition to SB226 at the April 11, 2023 meeting. The letter is attached. JB Jan Baum, City Manager, stated the letter opposing this is included. There is an amendment to the bill but it does not change the intent. Mayor Keener asked for public comment. Lee Hoffman, 1085 Barrington Ave., stated send the letter. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve a letter opposing Senate Bill (SB) 226. The motion passed unanimously. (5-0) C. Review, discussion and possible approval of a letter opposing Senate Bill (SB) No. 433, “AN ACT relating to prevailing wages; revising provisions governing the payment of prevailing wages, and matters related thereto. FOR POSSIBLE ACTION SB443 revises the definition of public works projects. This bill could jeopardize future development projects which include public-private partnerships within the City of Elko and non-profit entities in the City that provide vital services to our community. City Council members requested a letter in opposition to SB443 at the April 11, 2023 meeting. The letter is attached. JB April 25, 2023 City Council | Minutes Page 19 of 26  Ms. Baum explained it is a similar letter. Mayor Keener called for public comment. Lee Hoffman stated this particular bill has the very negative connotation of making the labor commissioner autonomous in making these decisions, and this bill is very dangerous. It is really important to make your opinion known. Mayor Keener asked if he has any comments to the structure of the letter. Mr. Hoffman stated unfortunately he did not read it. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve a letter opposing Senate Bill (SB) No. 433. The motion passed unanimously. (5-0) X. RESOLUTION AND ORDINANCE (Cont.) B. Review, consideration, and possible approval to initiate Ordinance No. 883 to review and revise Title Five Chapter 3:Animal and Fowl of the Elko City Code, and matters related thereto. FOR POSSIBLE ACTION Elko City Council initiated an ordinance to change for the Animal and Fowl Chapter at the request of the Elko Police Department and Animal Control officer on 12/14/2021. The City Clerk made the suggested changes to the code and forwarded the code to the EPD, Animal Control Officer and Animal Shelter Manager for review. The Animal Shelter Manager responded, however, the EPD stated the changes did not describe what they were wanting and they would need to redo it. No other changes were submitted. It is now imperative that the changes the Animal Shelter needed be put into code, therefore the code change is being initiated again. KW Kelly Wooldridge, City Clerk, said she has heard from Officer Litchfield and she has forwarded her changes to the City Attorney. We should still move forward with this initiation because it is important that we change the number of days from 5 to 7 to make more room at the shelter. She will get this ordinance prepared for first reading. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the initiation of Ordinance No. 883, changes to Title 5, Chapter 3: Animal and Fowl. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of a Resolution Consenting to Relinquishment and Land Transfer Agreement with the Nevada Department of Transportation to transfer April 25, 2023 City Council | Minutes Page 20 of 26  jurisdiction of the northern frontage road of Exit 298 from NDOT to the City of Elko, and matters related thereto. FOR POSSIBLE ACTION Approximately 3.5 years ago, the City of Elko submitted a request to the Nevada Department of Transportation to take over jurisdiction of the northern frontage road of Exit 298. This request was made in anticipation of future development along that road adjacent to the existing Komatsu building. By having jurisdiction, the City could ensure that the road could be improved to City of Elko standards at the time the adjacent parcels are developed. MR Michele Rambo, Development Manager, explained we requested this before COVID and with NDOT's process, it has taken this long to get here. This is an NDOT resolution. If approved and signed, she will send this back to NDOT for their approval and signature. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve the Resolution Consenting to Relinquishment and Land Transfer Agreement. The motion passed unanimously. (5-0) XI. PETITION, APPEAL, AND COMMUNICATION (Cont.) B. Ratification of the Police Chief issuing a 30-day Temporary Retail Liquor License and issue a regular Retail Liquor License, to Jonathan Karr and Audrey Karr, DBA The Klub at Ruby View, LLC, located at 2100 Ruby View Drive, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION NA Chief Trouten stated the Karr's are responsible business owners. He was concerned about the Golf Course being a bit rowdy but he was sure Mr. Karr could handle it. He recommended approval. ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the Police Chief issuing a 30-day temporary retail liquor license and issue a Regular Retail Liquor License, to Jonathan Karr and Audrey Karr, DBA The Klub at Ruby View, LLC, located at 2100 Ruby View Drive, Elko, NV 89801. The motion passed unanimously. (5-0) C. Review, consideration, and possible action on an order for the removal of municipal solid waste at the Elko Inn, and matters related thereto. FOR POSSIBLE ACTION Pursuant to Elko City Code 9-2-14(A), "if at any time accumulation of municipal solid waste (MSW), refuse or other waste material is not hauled or removed, or MSW or garbage becomes offensive and is not removed by the owner or person responsible for the same, an order for such removal may forthwith be made by the city council. If not removed within the time required by such order, the city shall declare the same a nuisance, have such April 25, 2023 City Council | Minutes Page 21 of 26  material removed in whatever manner may be reasonable and shall collect the reasonable charges and costs of such removal from the person or entity violating this provision and/or the property involved.” The dumpster at Elko Inn located at 837 Idaho Street was removed by Elko Sanitation for nonpayment of garbage collection bills. A large pile of trash bags has since accumulated on the property adjacent to Ninth Street. Michelle Rambo, Community Development Director, stated this item was put on the agenda when there was a pile of trash that has since been removed. However, in the last couple of days they have put a construction dumpster in the City right-of-way. The construction dumpster causes some concern because they are only paid for when they are emptied and there is no building permit to do any construction. She was going to ask the owners the plan, however they left the meeting. Dave Stanton, City Attorney, stated he and Mr. Hanley, Deputy City Attorney, looked at the dumpster this afternoon. He stated in City code 9-2-5 contains some special procedures for municipal solid waste. He read 9-2-5 (A#3 receptacles required). He went on to state this dumpster is an open container with regular garbage in it. It is not in compliance with the City Code. This is better than garbage on the side of the road. The agenda item is worded so Council has flexibility regarding garbage. Mayor Keener asked if it is in the City right-of-way. Mr. Stanton answered partially, it extends over the curb and gutter. Mayor Keener asked if it was moved fully would it still be in violation. Mr. Stanton stated it would be in violation of 9-2-5 (A#3 receptacles required). Councilman Stone stated putting it in a dumpster is not removing it from the property. Councilwoman Simons asked if wanted to wait and see what they do with it? Scott Wilkinson, Assistant City Manager, stated this is not acceptable. Even if this is tabled tonight code enforcement will send a letter stating the dumpster is not in compliance with the code and demand they get the appropriate service with Elko Sanitation. They do not have a choice because they are commercial and they have to have service according to code. Mr. Stanton stated the property owner cannot use any other 3rd party other than Elko Sanitation. There are several code violations that are triggered and he read a few. He told Council the question is how does the Council want to approach it? Order the business owner to bring the trash receptacle into compliance with code and make sure trash is in compliance or table the matter and see if they fix it themselves. City staff can contact them by writing a letter independent of Council. Mayor Keener stated we obviously want them to clean it up and remove the debris. April 25, 2023 City Council | Minutes Page 22 of 26  Councilman Morris stated he does not believe anything they are telling us. They need to abide by the code. Councilman Stone stated one of the last things the owner said was “are you going to give me that letter” as he was leaving. He likes how the motion is written and it needs to be taken care of according to code. Mr. Stanton suggested adding language to the motion to remove all municipal solid waste and bring all trash receptacles containing solid municipal waste into compliance with code. Mayor Keener asked if there was a tarp over it could it be considered covered. Mr. Stanton stated that may work depending on if flies and insects could get access. He asked if Elko Sanitation provides tarps. Cathy Laughlin, City Planner, stated they do not; and as Mr. Wilkinson stated they need an account with Elko Sanitation and in order to get a construction dumpster like they currently have they would have to put a $200 deposit that goes to the first monthly rent. If they do not pay the monthly rent, Elko Sanitation will remove it. None of the construction dumpsters on a construction site has a cover. Mr. Stanton stated if you just have construction debris you don’t have the problem with flies and insects. You can see there is waste in the dumpster that would attract flies and insects. Councilman Morris stated they don’t have any water so they will dump their bodily waste into the dumpster. Mayor Keener asked for a motion. Councilman Morris stated he doesn’t trust them and doesn’t think they will do anything. They live in Salt Lake and do not care about Elko. They need to be accountable to abide by the code. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to order the owner of Elko Inn, Ville 837, LLC to remove all municipal solid waste including municipal solid waste within a refuse container that is exposed to flies and other insects within five (5) business days. If the municipal solid waste is not removed in this time, the same will be declared a nuisance and the City will remove the municipal solid waste and invoice the owner of the property for charges and costs incurred. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener discussed the Elko Inn disappointment. April 25, 2023 City Council | Minutes Page 23 of 26  Councilman Stone stated the ECVA new sound/lighting system is in. Councilman Morris stated the golf course is amazing. Everyone has done a lot of work. It is really turning around and will be back to the way it was. Mayor Keener stated hopefully some of the complaints we have heard will end. B. City Manager No report. C. Assistant City Manager No report. D. Utilities Director Dale Johnson reported on a leak on Lamoille Highway at Metzler. E. Public Works Director F. Airport Manager No report. G. City Attorney No report. H. Fire Chief No report. I. Police Chief No report. J. City Clerk Kelly Wooldridge reported she sent out her bill tracking spreadsheet and she will work on updating it. She asked the Mayor if he wanted this on each agenda. Mayor Keener answered yes. April 25, 2023 City Council | Minutes Page 24 of 26  Ms. Wooldridge said the report has slimmed down from the last time but there are still many bills to be watching, such as the election bills. Some of the criminal justice bills are going to be important too. K. City Planner Cathy Laughlin reported her planning conference went well. They all sat around and discussed what worked and what doesn't work. L. Development Manager Michele Rambo said her new code enforcement officer is doing a great job. M. Financial Services Director No report. N. Parks and Recreation Director No report. O. Civil Engineer No report. P. Building Official Jeff Ford reported the apartments are finally in for internal review. We just got the plans for Komatsu too. 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 Lee Hoffman stated this is one of the toughest City Council's he has seen for a long time. Everyone did a great job. He does have a concern about cuts in the street being open in the winter. The fiber optic cuts alongside the curbs all over town have been open all winter. You can go down any street and see crumbling asphalt. You need to give some thought to this. The contractors are working hard but there may be significant long-term damage to some of the City streets. There being no further business, Mayor Reece Keener adjourned the meeting at 8:09 p.m. April 25, 2023 City Council | Minutes Page 25 of 26  Mayor Reece Keener Kelly Wooldridge, City Clerk April 25, 2023 City Council | Minutes Page 26 of 26