Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS June 13, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, June 13, 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 Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Mandy Simons, Councilwoman 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 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 June 13, 2023 City Council | Minutes Page 1 of 18  IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. V. APPROVAL OF MINUTES A. Possible approval of the May 23, 2023 Regular Session Council Minutes, and matters related thereto. FOR POSSIBLE ACTION The minutes were approved by general consent. VIII. PERSONNEL A. Employee Introductions: 1.) Jameson Nichols, Parks Maintenance Technician I, Parks Department Present and introduced. There were some technical issues with the attachments to the Nevada Health Centers item. Mayor Keener moved to item B until the attachment was found. VI. PRESENTATION B. The City of Elko committed $1.5 million to Vitality Unlimited for three projects. The three projects include: 1. $878,000 for increased behavioral health and addiction treatment capacity. 2. $475,000 for a Women's Treatment Residence 3. $147,000 for Vitality Center pandemic resilience To date the city has paid $1,281,500 to Vitality Unlimited towards these projects. Representatives from Vitality Unlimited will be present to update City Council on the projects. Based on the status of the projects, Vitality Unlimited is requesting their final payment in the amount of $218,500; and matters related thereto. FOR POSSIBLE ACTION Esther Quilici, Vitality Unlimited, gave a presentation. Mayor Keener thanked Ms. Quilici for all her work. Councilman Stone thanked her for helping the citizens. June 13, 2023 City Council | Minutes Page 2 of 18  Mayor Keener noted they are requesting the final payment. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the final payment to Vitality Unlimited for increased behavioral health and addiction treatment capacity in the amount of $218,500. The motion passed unanimously. (4-0) A. The City of Elko committed $1,913,805 to NV Health Centers for the Elko Behavioral Health Expansion. To date the city has paid $480,965 to NV Health Centers for this project. Representatives from NV Health Centers will give an update on the program. Based on the progress of the Behavioral Health Expansion, Nevada Health Centers is requesting their second installment of $749,170, and matters related thereto. FOR POSSIBLE ACTION Lisa Dettling, Executive Vice President, Nevada Health Centers, along with Kendall Looney, Director of Operations, and Amy Matelic, LCSW, gave a presentation. Mayor Keener thanked them for their presentation. It is great to see the expansion working. They are asking for the remainder of the City of Elko commitment. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the disbursement of the second installment of funds to the NV Health Centers for Behavioral Health Expansion in the amount of $749,170. The motion passed unanimously. (4-0) C. Brief presentation and possible acceptance of a renewal proposal from Nevada Public Agency Insurance Pool (POOL), and approval for payment from FY 2023/2024 Funds in the amount of $870,241.88, and matters related thereto. FOR POSSIBLE ACTION As a member of the Insurance Pool, the City of Elko owns a share of the equity that forms the basis for its financial strength. Your agenda packet includes an overview of coverage offered for the following fiscal year. The City of Elko’s total program costs for FY 2023/2024 are $870,241.88, which represents a 28% increase over the current year. JB Jan Baum, City Manager, explained representatives were present to give a presentation. Dain Uriarte, LP Insurance, introduced Alan Kalt from POOL/PACT, and they gave a presentation. Mayor Keener asked if Cyber was one of the most costly part of the renewal? Mr. Kalt answered yes. Mayor Keener asked what was the member average increase? June 13, 2023 City Council | Minutes Page 3 of 18  Mr. Alan answered 14%. But there were other reasons for our increase such as property increases and vehicle increases, as well as, payroll increases. Mayor Keener asked if there were any columns of coverage that we may be over-insured on? Mr. Uriarte answered no. The City needs the limits and coverages included. Councilman Stone asked what are our options to lower the costs. What if we increase that deductible more? Mr. Kalt talked about what they did in Churchill County by increasing their deductible and creating a special fund to pay those deductibles as the claims come in. Mr. Uriarte added more about not having a recommendation for a deductible. Maybe increase it in increments. Mayor Keener asked Ms. Baum her thoughts on increasing the deductible. Ms. Baum answered they have talked about it. We have a lot of claims going on right now. We thought the exposure of going to $10,000 does increase exposure and we may not want to go much higher. Mayor Keener asked about the number of claims each year. Kelly Wooldridge, City Clerk, answered that is hard to answer but she got 6 claims just last week. She gave a brief example of the claims we have had lately. Mayor Keener asked what her recommendation would be. Ms. Wooldridge answered she recommended to stay at $5,000 for this year and find a way to lower the number of claims we are getting. There are things out of our control. Ms. Baum liked the idea of a special revenue fund to pay the deductibles. That is what we do for health insurance. Mayor Keener said he assumed if we are going to make plans with another carrier or re-insurance, there isn't enough time to do it. We are committed to renewing with POOL/PACT. Councilman Stone said this increase is not sustainable. We can't do this year after year. We have to look at other options. Mayor Keener said clearly, there are other options. When he looks at the members, Elko is the largest population wise. Other Cities are looking at other alternatives. Mr. Uriarte agreed this is a large increase. We have to look at this from a claim standpoint. Things happen that are out of our control. Private insurers are tightening their belts and getting very selective. June 13, 2023 City Council | Minutes Page 4 of 18  ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the renewal proposal from Nevada Public Agency Insurance Pool (POOL), and approve invoice for payment from FY 2023/2024 funds in the amount of $870,241.88, to include directing staff to investigate other cost reduction alternatives in the future for the following fiscal year. The motion passed unanimously. (4-0) XIV. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to adopt Resolution No. 7-23, a resolution and order vacating a portion of Commercial Street consisting of an area approximately 780 sq. ft., which is located within the City of Elko, Nevada, to the abutting property owner Northern Nevada Asset Holdings, LLC. and processed as Vacation No. 2-23, and matters related thereto. FOR POSSIBLE ACTION A local utility company boring into the sidewalk area discovered that there is a room within the existing basement that encroaches into the Commercial Street Right-of-Way. This vacation will eliminate the encroachment into the Right-of-Way by making it part of the Northern Nevada Asset Holdings LLC Property. An easement for access and maintenance will be required for the existing sidewalk. CL Cathy Laughlin, City Planner, explained this room in the basement projects 14 or so feet under the sidewalk. Frontier was boring and bored right into their basement. We have heard back from all of the Utility Companies before this hearing. There is also an easement to be granted to the City later in the agenda. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to adopt Resolution No. 7-23, which conditionally approves Vacation No. 2-23. The motion passed unanimously. (4-0) VI. PRESENTATION (Cont.) D. Presentation and discussion of status and impact of crickets in the City, and matters related thereto. FOR POSSIBLE ACTION Jan Baum, City Manager, gave a presentation. Mayor Keener asked if the State Entomologist if there is anything to do proactively. Ms. Baum answered no, he did not mention that. He did say the eggs can be laid and they can be there for 11 years. June 13, 2023 City Council | Minutes Page 5 of 18  NO ACTION VII. CONSENT AGENDA A. Review, consideration, and possible approval of a request from Laura & Jose Lopez, dba Botanas El Grillo for concession space at the Elko City Main Park, and matters related thereto. FOR POSSIBLE ACTION Mr. & Mrs. Lopez would like to utilize Area 4 for their Mexican food trailer. They hold an Elko City Business License and have provided the required insurance. KW B. Review, consideration, and possible approval of the 2023 School Resource Officer Cooperative Agreement between the Elko County School District, the County of Elko, and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The original Cooperative Agreement was entered into by all three parties in January 2015. The Program has been very successful and has since added two addition School Resource Officers to the program. All parties have met, conferred, and agreed to the conditions set forth in the 2023 Cooperative Agreement. TT C. Review, consideration, and possible approval of the 2023 revised Title VI Compliance Policy and Plan for the City of Elko, and matters related thereto. FOR POSSIBLE ACTION City Council approved the last Title VI Compliance Policy and Plan on April 27, 2023. The plan has been updated for 2023. Minor changes were made in terms of data collection tools. The survey card tool was removed, as it was never utilized by the City. Once approved, the plan will be submitted to NDOT for approval. KW ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the consent agenda. Councilman Stone asked on the City Park space, if that was the last one available. Kelly Wooldridge, City Clerk, answered yes. The motion passed unanimously. (4-0) IX. APPROPRIATION A. Review and possible approval of General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the general warrants in the amount of $1,383,188.20. June 13, 2023 City Council | Minutes Page 6 of 18  The motion passed unanimously. (4-0) B. Review and possible ratification of general hand-cut warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the general hand-cut checks in the amount of $426,451.03. The motion passed unanimously. (4-0) C. Review, consideration, and possible direction to Staff to solicit bids for the Cattle Drive Waterline Extension, and matters related thereto. FOR POSSIBLE ACTION The Cattle Drive Waterline Extension is an ARPA project budgeted in the 2023/2024 fiscal year’s budget. In May of 2023, City Council rated a number of projects with this one being the top priority for construction. The project entails extending the 18” main at Autumn Colors and Cattle Drive down to the Existing Exit 298 Waterline. Design is complete on this project and the permitting is underway. Staff would like to start preparing this project for bidding. DJ Dale Johnson, Utilities Director, explained they are asking to solicit bids. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to direct staff to solicit bids for the Cattle Drive Waterline Extension. The motion passed unanimously. (4-0) D. Review, consideration, and possible direction to Staff to solicit bids for the Elko Hills Booster Station and Waterline Connection, and matters related thereto. FOR POSSIBLE ACTION The Elko Hills Booster Station and Waterline Connection is an ARPA project budgeted in the 2023/2024 fiscal year’s budget. In May of 2023, City Council rated a number of projects with this one being the second priority for construction. The project entails constructing a booster station at the Lamoille Tank and extending a 12” main to the Hospital Second Source Waterline. The booster station will provide pressure to the 5600’ pressure zone at Elko Hills, Tower Hills, and around the Hospital in order to serve these areas. The booster station will support 25% build-out before a new tank will have to be constructed to meet fire flow demands. The design is nearly complete on this project and the permitting is underway. Staff would like to start preparing this project for bidding. DJ Mr. Johnson explained there are a few things that were changed with the booster station. We are asking for permission to solicit for bids. June 13, 2023 City Council | Minutes Page 7 of 18  ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to direct staff to solicit bids for the Elko Hills Booster Station and Waterline Connection. The motion passed unanimously. (4-0) E. Review, consideration, and possible issuance of final acceptance for the Exit 298 Sewer Extension, and I-80 Bore, and matters related thereto. FOR POSSIBLE ACTION Great Basin Engineering has substantiality completed Exit 298 Sewer Extension, and I-80 Bore. There were change orders totaling $1,264.84 and quantity adjustments for $46,719.68 for total project increase of $47,984.52. With these additions, the total project cost was $2,755,938.84. Staff recommends the issuance of final acceptance. DJ Mr. Johnson explained this project is substantially complete. They did a walk-thru last week and only have a couple of punch items. Bob Thibault, Civil Engineer, stated he observed the construction and Summit Engineering did the testing. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to issue final acceptance. The motion passed unanimously. (4-0) F. Review, consideration, and possible approval of Change Order 1 to Canyon Construction, for material changes for the Hospital Second Source Project to handle the increased pressures from the proposed booster station that will be constructed for the Elko Mountain Project, and matters related thereto. FOR POSSIBLE ACTION During the City Council, meeting on May 23, 2023 Council gave staff the direction to only construct the booster station for the Elko Mountain Project and forego constructing the tank water line and storage tank. Due to the increased pressure demand on the system from the booster station turning on and off based on system demand and accounting for fire flows, it will be necessary for some of the materials to be upgraded to meet the designed pressures for the new system. DJ Mr. Johnson explained they are asking for a change order for the system components. We want to make sure we get this right and not have any breaks when the system kicks on and off. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Change Order #1 to Canyon Construction so materials can be procured. The motion passed unanimously. (4-0) June 13, 2023 City Council | Minutes Page 8 of 18  G. Review, consideration and possible approval to authorize Staff to solicit bids for the Ruby Vista Dr. Curb and Gutter Project, and matters related thereto. FOR POSSIBLE ACTION This item has been approved and budgeted for in the 2023/2024 Fiscal Year Budget in the Capital Construction Fund. PA Paul Algerio, Street Superintendent, explained this is one capital construction project for the year. It consists of a small portion of Ruby Vista to be narrowed and a larger portion to be widened. Mayor Keener asked about sidewalk. Mr. Algerio answered there is sidewalk on the other side of the road. Mayor Keener asked if Anthem and CC Communications have been through there. Mr. Algerio answered CC Communications has been through there. He was not sure about Anthem or if they will be. Jan Baum, City Manager, asked if that work will be a problem with the temple construction. Mr. Algerio answered no. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to authorize staff to solicit bids for the Ruby Vista Dr., Curb and Gutter Project. The motion passed unanimously. (4-0) X. UNFINISHED BUSINESS A. Review, consideration and possible action concerning Elko Inn, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has received and investigated many complaints from neighboring residents and businesses regarding the Elko Inn at 837 Idaho Street since June of 2022. City Staff has also seen the property firsthand and has confirmed that the presence of conditions and activities, including possible criminal activity, that are believed to constitute a nuisance under the City Code. KG Kurstin Greenland, Enforcement Officer, gave an update on the property. Mayor Keener said he drove past there around 6:00 a.m. and observed about 4 cars in the parking lot. Ms. Greenland said every time she does an inspection there, the vehicles are different. There are at least 2 that are there often. There are some employees staying there so those cars may be theirs. June 13, 2023 City Council | Minutes Page 9 of 18  Chief Trouten reported the owners have agreed to rent on a week to week basis to someone that the Police Department know well. One of the vehicles in the parking lot was stolen and ran into the hotel. It can be removed. We still have a problem there. We will continue to have problems in the neighborhood as long as people are staying there. Councilman Stone asked if we have had contact with the owner. Jeff Ford, Building Official, stated he has had contact with the owner. He has a contractor. They want to rent this out as a hotel. They paid the water bill and he has reached out to ask if they could have someone here on standby when they get the water turned back on. There is some damage that will have to be repaired that was not as bad as the owner made it sound. Mayor Keener asked if they still get calls for service to the hotel. Chief Trouten answered they get calls for service to the neighborhoods around there. Dave Stanton, City Attorney, spoke on the legal side of this. Michael Hanley was not available today and he is the one working on this issue. He spoke to Mr. Hanley this morning and they both agree that there are issues at the hotel, but the things we can do under the nuisance code are things that would involve mitigation of the use of the land that would create a nuisance. There has not been anything that would bring on a criminal complaint. If the owner of the property communicated with the City and said these people are trespassing, that would help. Then we can possibly pursue a criminal complaint on the property. Councilman Morris had no faith in the owners to do anything about the problems and we will end up with a homeless place in downtown. NO ACTION BREAK XI. NEW BUSINESS A. Review, consideration and possible acceptance of a Grant of Easement for public access and maintenance adjacent to APN 001-341-006, between Northern Nevada Asset Holdings LLC. and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION City Council will be considering under Public Hearings, Resolution 7-23, a resolution vacating a portion of Commercial Street Right-of-Way to the adjacent parcel owned by Northern Nevada Asset Holdings, LLC. There is existing sidewalk within the area proposed to be vacated therefore this easement would be granted for the public access and the City of Elko maintenance of the sidewalk. CL Cathy Laughlin, City Planner, explained this is the easement that will allow us to maintain the sidewalk. June 13, 2023 City Council | Minutes Page 10 of 18  ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the Grant of Easement for public access and maintenance as presented. The motion passed unanimously. (4-0) B. Review, consideration, and possible approval of a request from Parkland USA Corporation, a Delaware corporation, for the City’s consent of an assignment and assumption of all rights and obligations of Conrad and Bischoff, LLC, Delaware limited-liability company, under a lease agreement for airport land generally known as the “Airport Shell, and matters related thereto. FOR POSSIBLE ACTION On September 14, 2021, the land lease for the property generally known as “Airport Shell” was assigned to and assumed by Conrad & Bischoff, LLC, a Delaware limited-liability company. On March 1, 2023, Conrad & Bischoff, LLC, merged into Parkland USA Corporation, a Delaware corporation. The City has been asked to consent to Parkland USA Corporation’s assignment and assumption of Conrad & Bischoff, LLC’s rights and duties under the land lease, with an effective date of the merger. JF Jim Foster, Airport Manager, explained this is an assignment of the lease to the new company that owns it. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Assignment and Assumption of Lease Agreement from Conrad & Bischoff, LLC a Delaware limited-liability company, to Parkland USA Corporation, a Delaware corporation. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of a Deed of Dedication for Right-of-Way and Public Utilities, for portions of Golf Course Road, College Avenue, and VFW Drive, and matters related thereto. FOR POSSIBLE ACTION This Deed of Dedication will define the rights-of-way for these portions of Golf Course Road, College Avenue, and VFW Drive that have not previously been well defined. This is a first step in clarifying the boundaries of our park parcels which also have not been well defined, and have never been mapped. Additional mapping of these park parcels will be presented at a future meeting. BT Bob Thibault, Civil Engineer, explained we are trying to clean up a lack of surveying and mapping that has been done within our parks property. We are looking to do some parceling for a possible Recreation Center. This roadway dedication is the first step. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the Deed of Dedication for Right-of-Way and Public Utilities, for portions of Golf Course Road, College Avenue and VFW Drive. June 13, 2023 City Council | Minutes Page 11 of 18  The motion passed unanimously. (4-0) D. Review, consideration, and possible action to conditionally approve Parcel Map No. 2-23, filed by the City of Elko, for the merger and re-subdivision of five existing parcels into four parcels, approximately 117.109 acres, located generally on the north and south side of Bullion Road and generally southwest of Errecart Boulevard, with offer of dedication for Errecart Boulevard Right-of-Way, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission considered this item at its June 6, 2023 meeting, and took action to forward a recommendation of conditional approval Parcel Map 2-23. The Parcel Map contains an offer of dedication for Right-of-Way, and therefore the map was referred to the Planning Commission, and subsequently to Council. BT Mr. Thibault explained that part of town is another large parcel that has had limited mapping over the years. This will clarify the area. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to conditionally approve Parcel Map 2-23 subject to the conditions as recommended by the Planning Commission. The motion passed unanimously. (4-0) E. Review, consideration, and possible action to conditionally approve Parcel Map No. 3-23, filed by City of Elko, for the division of approximately 24.218 acres into four parcels, located generally north of the intersection of Country Club Drive and Golf Course Road and south of Flagview Drive, and matters related thereto. FOR POSSIBLE ACTION The City of Elko is the applicant of the parcel map, therefore must have City Council approval. The parcel map will create four parcels from the one existing parcel. BT Mr. Thibault explained this is the map around Flagview, Golf Course, and Country Club Drive. This creates a parcel as a possible site for a Recreation Center site. Recording this map can't hurt and it defines the area better. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conditionally approve Parcel Map 3-23 with conditions stated in the staff report dated June 2, 2023. The motion passed unanimously. (4-0) F. Review, consideration, and possible action to retain the law firm of Napoli Shkolnik PLLC to represent the City of Elko to prosecute any legal claim for negligence (or other viable causes of action) against any and all parties individuals and/or corporations that are found to be liable under the law for injuries and/or property damage suffered by the City arising June 13, 2023 City Council | Minutes Page 12 of 18  out of contamination of water supplies by per- and polyfluoroalkyl substances (PFAS) and other hazardous water contaminates, and matters related thereto. FOR POSSIBLE ACTION As background, the National Rural Water Association Board of Directors, which is governed by the Nevada Rural Water Association and 49 other state rural water affiliates, voted to engage the law firm of Napoli Shkolnik to file a PFAS cost recovery action against the global manufacturers of the PFAS forever compounds. The sole purpose of the litigation is to provide an opportunity for water and wastewater systems to recover any expenses they may have or expenses they may incur in the future for testing, treatment and remediation of PFAS contamination. For clarification, this is not a class action as there are multiple classes of plaintiffs. The litigation is defined as multidistrict litigation. There are three key points: 1. The action is cost recovery, not punitive. 2. It is filed against the global manufacturers of the compounds and does not impact local companies who may have used them. 3. There is zero upfront cost to register the utility onto the cost rolls; however, a system must be registered prior to a settlement being reached in order to benefit. The law firm of Napoli Shkolnik PLLC expects a settlement very soon as the court has appointed a settlement mediator in November of 2022 and a trial date has been set for June 5, 2023. The law firm has confirmed in writing to the Utilities Director that the City can withdraw as a party to the litigation at any time and the Retainer Agreement provides that the City does not bear any monetary risk by participating in the litigation. DJ Dale Johnson, Utilities Director, explained they are asking for ratification since Jan Baum signed this on the 2nd. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris for approval of and ratification of signing the Retainer Agreement, permitting Napoli Shkolnik PLLC to represent the City of Elko in the PFAS multi-state litigation. The motion passed unanimously. (4-0) XII. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 884 adopting a change in zoning district boundaries from C (General Commercial) to IC (Industrial Commercial), approximately 1.965 acres of property, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 1-23 at their meeting June 6, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from C - General Commercial to IC Industrial Commercial for APN 001-560-099. CL June 13, 2023 City Council | Minutes Page 13 of 18  Cathy Laughlin, City Planner, explained this property is at the corner of 30th Street and Manzanita Lane. Industrial Commercial is consistent with the surrounding properties. This is a vacant property right now. This change will give them more flexibility for development. Mayor Keener asked if this is part of the parcel that was used for Jerritt Canyon. Ms. Laughlin answered this is located behind it. It was previously owned by the same owner but recently sold. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conduct first reading of Ordinance No. 884, and direct City Staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (4-0) B. First reading of Ordinance No. 885 adopting a change in zoning district boundaries from AG (Agricultural) and RMH (Residential Mobile Home) to PQP ( Public, Quasi-public), approximately 12.823 acres of property owned by the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 2-23 at their meeting June 6, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from AG (Agricultural) and RMH (Residential Mobile Home) to PQP ( Public, Quasi-public). CL Ms. Laughlin explained there were two small parcels that were RMH that we are eliminating because they will be part of the Sports Complex. The Sports Complex had dual zoning. Now with the new parcel map, there were three zonings. This will make them all one zone. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to conduct first reading of Ordinance No. 885 and direct City Staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (4-0) XIII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action on Curb, Gutter, and Sidewalk Waiver No. 1- 23, filed by the City of Elko, requesting the requirement for curb, gutter, and sidewalk along the Errecart Bridge adjacent to 490 Errecart Boulevard be waived, and matters related thereto. FOR POSSIBLE ACTION City Staff has not located any evidence that the curb, gutter and sidewalk was waived for Phase 1 of the Elko Sports Complex. Errecart Bridge does not have sidewalk on the westerly June 13, 2023 City Council | Minutes Page 14 of 18  side, so constructing the sidewalk up to the bridge on the westerly side is impractical. Directing pedestrian traffic to the easterly side of the bridge is part of the overall design. CL Ms. Laughlin explained the area circled on the overhead screen was the area they were requesting the waiver for. There is a guardrail there and curb and gutter, but sidewalk is impractical to install. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve Curb, Gutter and Sidewalk Waiver No. 1-23 for the waiver of sidewalk along the Errecart Bridge frontage of 490 Errecart Boulevard. The motion passed unanimously. (4-0) XV. REPORTS A. Mayor and City Council Mayor Keener state he attended the Nevada League of Cities retreat in Ely on Thursday. There were not a lot of attendees there. He had a great time touring Ely. We will have our convention, which will be held in Vegas, possibly in August. He plans to attend that too. He has a meeting with NGM on Friday to discuss the progress on broadband. He will be meeting with Congressman Amodei's representative in the morning. The County will be there too. Cami Gerber from 107.7 FM will be reaching out to members of the board to talk about Council Meeting happenings. Councilman Stone reported the Mine Expo had excellent attendance and vendors. It went off well. This weekend, NGM is putting together a bike rodeo at Adobe Middle School. The Chamber of Commerce will have their Beerfest this weekend too. B. City Manager Mayor Keener asked Jan if she will be going to the Nevada League of Cities. Jan Baum answered she planned on going. Mayor Keener said that would be a great opportunity to meet with other City Managers about their insurance. C. Assistant City Manager Absent. D. Utilities Director Jim Kerr said currently we are having a ton of trouble getting contractors to do work for concrete and asphalt. He has contractors tell him everyday that they cannot do the work. June 13, 2023 City Council | Minutes Page 15 of 18  Dale Johnson reminded everyone water restrictions go into effect on Thursday. E. Public Works Director Paul Algerio said we have sidewalks that are pulling up everywhere Anthem and SCI have been. Nothing is getting done. Anthem is taking over getting the sidewalk tiles repaired. He wondered if we can put some pressure on them to get it done. They will run out of time to get these fixed this year. Mayor Keener asked if they are experiencing this with NNE. Mr. Algerio answered no. It is rare they put these in the sidewalk. They also have a sidewalk concrete crew that makes repairs when they come up. F. Airport Manager Jim Foster reported AB429, the air development bill, died. It never got to the senate. The backup bill went through the Senate with some changes to the monetary value. We did not get funding. We received the new ARFF truck. We will be doing the final inspection on that next week. Today was an odd day at the airport. The flight was overbooked out of Elko. There were 7 people that were given vouchers. G. City Attorney No report. H. Fire Chief Chief Johnston reported the Fire Conference will begin the 22nd at ECVA. We have several highlights planned. He thanked Paul and his crew and Dale and his crew for coordinating rainwater/river issues. It was great to work a plan and have the coordination within city crews. I. Police Chief Chief Trouten thanked Dave and Jan for the help with the SRO contract. Cops and Burgers at the Sheriff's Office parking lot is tomorrow. We finally have the police app up and running. We are hoping that will become our voice in connecting to the community. The Elks has a Flag Day ceremony tomorrow starting at 6pm. J. City Clerk Kelly Wooldridge reported there are 190 bills sitting on the Governor's desk, waiting for a signature. He did veto 433, which was the one that gave the Labor Commissioner a lot of authority. 226, which was the other Public Works bill that had some confusion about whether or not it will impact the Boys and Girls Club project, is still on his desk. The business impact statement bill , requiring business emails, did pass effective October 1st. She hasn't had a chance to look at the election bills. The governor has 10 days to sign the bills. June 13, 2023 City Council | Minutes Page 16 of 18  K. City Planner No report. L. Development Manager M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported starting this Thursday, Elko is hosting for District 3 Little League All Star Play. There will be 27 teams participating. This is a big event. There is a summer league 18 youth tournament on Kump Field. He is getting close to securing a schedule date for mosquito spraying. The previous vendor retired and they had to find a new vendor. Parks crews have been doing some mosquito abatement and they have seen some results. They are working on the second phase of the control panel update at the snobowl. Regarding the pool, we have had some good luck the last couple of weeks. Hopefully both boilers will be up and running shortly. Swim lessons will begin shortly. The goats are going good. Crickets have moved out of the Sports Complex without damage. Mayor Keener said the golf course is looking really good. Mr. Wiley agreed mother nature and a full staff seem to be working well for the golf course. Mayor Keener said he has had a couple of concerned golfers say they are worried about pruning. There is a lot of dead growth on the trees. Mr. Wiley said that is the nature of the Siberian Elm Tree. They are a trash tree. Crews have been doing pruning. We concentrate our pruning efforts towards the end of the season. We have planted some new trees recently and we will plant more to help screen balls from going onto the Temple site. There are a lot of trees that need work. Mayor Keener asked with all the rain, is that helping the fields at the Sports Complex? Mr. Wiley answered yes. The rain always helps. O. Civil Engineer No report. P. Building Official Mayor Keener asked about Komatsu. June 13, 2023 City Council | Minutes Page 17 of 18  Jeff Ford reported the Shutters project from a couple of years back has started back up. The apartments are almost permitted. Komatsu is close to getting their permit. XVI. 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. Mayor Reece Keener Kelly Wooldridge, City Clerk June 13, 2023 City Council | Minutes Page 18 of 18