Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS July 25, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, July 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 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 Candi Quilici, Accounting Manager III. PLEDGE OF ALLEGIANCE July 25, 2023 City Council | Minutes Page 1 of 19  IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN Lee Hoffman, 1085 Barrington Ave., thanked Mayor Keener and Jan Baum, City Manager, for coming to the Legislative Update Meeting sponsored by the Elko County Republican Party. A link to the video is on their website at elkonvcgop.org. Mayor Keener also thanked Kelly Wooldridge, City Clerk, for doing a summary for the meeting. Mr. Hoffman also thanked Chief Trouten and Jim Foster, Airport Director, for their attendance. V. APPROVAL OF MINUTES A. 7-11-2023 Regular Session The minutes were approved by general consent. VIII. PERSONNEL A. Employee Introduction: 1) Seth Robinson, Part-Time Animal Control Officer, Police Department 2) Jordan Taylor, Patrol Officer, Police Department 3) Jennifer Huddleston, Operations/Maintenance Officer, Airport All present and introduced. VI. PRESENTATION A. Reading of a Proclamation by the Mayor Keener in recognition of "National Night Out", and matters related thereto. INFORMATION ONLY - ACTION WILL NOT BE TAKEN Chief Trouten stated this an annual event for all first responders. This will be held August 1. This is a prime opportunity to come out and learn about the public safety teams. There will be hamburgers and hotdogs with live music. It is a great evening in the park. Mayor Keener asked about K-9 presentations. Chief Trouten stated they are trying to get that scheduled but they are down K-9 units right now. Mayor Keener read the proclamation. July 25, 2023 City Council | Minutes Page 2 of 19  B. Presentation by Great Basin College President Joyce Helen will present Great Basin College Metrics used to measure and track strategic operational performance from the great recession through the pandemic demonstrating college resilience and the necessity to preserve the legacy of rural higher education and training, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener introduced Great Basin Community College President Joyce Helen. Joyce Helen, President Great Basin College, gave a presentation that is included in the agenda packet. Mayor Keener congratulated her on her newly announced retirement in one more year. He asked what do you say to people who have concerns about the consolidation with UNR and the autonomy you have always enjoyed. President Helen answered everything will be in an MOU that everything stays the same and we maintain our autonomy. Doing this will help us financially when there is an unfunded mandate we do not have to lay people off. She stated President Sandoval is 110% committed to this collaboration. Mayor Keener also congratulated her on the success of the nursing program. He asked if there is an opportunity to collaborate with the UNR Masters/PA nursing program. President Helen answered absolutely. We have got to be able to support our community. C. Presentation by Thomas Keenan Gallagher from Nevada Water Solutions, and matters related thereto. INFORMATION ONLY - NON-ACTION ITEM In January of 2023, Mr. Gallagher began assisting the Utilities Department with water right applications and permitting. Prior to this Robert Morley from High Desert Engineering had assisted the Utilities Department until he retired from water right work in December of 2022. The Utilities Department and Mr. Gallagher thought it would be a good idea to introduce Mr. Gallagher to City Council and provide a short presentation. DJ. Dale Johnson, Utilities Director, introduced Mr. Gallagher who is helping us with some water rights issues. Thomas Keenan Gallagher introduced himself and his work history regarding water rights. He worked with the law firm Taggert and Taggert regarding water right lawsuits and the Humboldt River. He will assist with managing our current permits and getting approval for extensions on our current permits. The State Engineer has new regulations that has made it much more difficult to get extensions. Mayor Keener asked him if he could ever see a scenario in which Elko's water rights could be put into jeopardy. Mr. Gallagher answered there is a working group in Nevada to put all utilities in a separate category so municipalities are not jeopardized. Pershing County said they are not going after municipalities but July 25, 2023 City Council | Minutes Page 3 of 19  they still filed that lawsuit. Because of the complications of the order, the City needs to move the water rights to wells further away from the river. Mayor Keener asked about a verdict for the pending Pershing County lawsuit. Mr. Gallagher answered he is not sure what the result will look like. The suit was filed at the end of a severe drought. There are many other factors involved in the suit. His opinion is there will never be a happy conclusion to this lawsuit due to all of the complex factors. D. Update on Elko Inn located at 837 Idaho Street, concerning recent complaints, and matters related thereto. INFORMATION ONLY-NON ACTION ITEM The City of Elko has received and investigated many complaints from neighboring residents and businesses as well as law enforcement regarding the Elko Inn at 837 Idaho Street beginning in June of 2022. City Staff has conducted numerous inspections of the property and notified the property owner of numerous code violations. As a result, several code violations have been addressed over an extended period of time. Staff provided its last update to the Council on June 13, 2023. Since that time, it appears the property continues to be poorly managed allowing a transient population to create potential public safety issues and place an undue burden on the city’s public safety resources. Code enforcement has recently received several public complaints regarding public safety concerns in relation to the Elko Inn. In accordance with Title 5 Chapter 1, staff has filed the complaints with the Clerk’s office for consideration of a public nuisance investigation by the City Manager’s office. KG Kursten Greenlund, Code Enforcement, stated there has been several complaints regarding criminal activity and public safety since the last hearing. This is moving forward for investigation of a public nuisance. Jan Baum, City Manager, stated the formal investigation is moving forward. We are hoping to have the investigation completed by next Council Meeting. Leslie Rangal, Solution Focus Counselling, 902 Court Street, stated her complaints are the same as they were in the June meeting. They were going to make it look better but nothing has changed. On 7/12/2023, there were gallons of water stolen. Since then, there was another trespass. She serves this community as a mental health therapist and she is spending her nights doing security for her property. She wants some security and some nights where she doesn't worry about someone coming onto her property. Other people in the office have asked to be escorted to their cars out of concern of their safety. Today, some problems were cleaned up but what happens when this is not on a Council agenda. She doesn't report everything that happens because she doesn't feel it is being acknowledged. Scott Rangal, 902 Court Street, has spoken to surrounding business owners. He has heard rumors the City helped them pay the water bill. July 25, 2023 City Council | Minutes Page 4 of 19  Jan Baum, City Manager stated the City did not assist them in paying, but we did have members of the Utility Department present when it was turned on to ensure there were no leaks. Mr. Rangal asked what they can do to help in the investigation, as just in the last week he has seen just so many lewd acts committed in broad daylight. Mayor Keener stated he has heard the owners have decided to pivot tack to more a motel model. Cathy Laughlin, City Planner, stated there was a development meeting two weeks ago and they are still considering section 8 low-income apartment housing. Mr. Rangal asked if the people there are still there illegally. Dave Stanton, City Attorney, stated we do not have a status if they are there legally or illegally. Mayor Keener advised Ms. Greenlund is the contact at the City for those kind of questions and code compliance. Mr. Rangal stated the severity keeps worsening. Tammy Montes De Oca, 844 Court Street, owns and operates a business. She has never seen anything this bad in this community. She has older people afraid to come in. The mail carrier had to call the police a couple of weeks ago. There are more people living there. They are parking off the property now. We are afraid of them. Something needs to be done. Bob Thibault, 949 Court Street and 901 Court Street on behalf of his in-laws, stated this topic was before Council three months to the day. There has been another attempted break in. It was caught on video and shown to officers. Our City code 5-1-N-3 describes way to declare things a nuisance. He stated this is harmful to the surrounding community. The squatters need to be removed from the premises. Chief Trouten asked that at the bare minimum will people at least do an online police report. It helps with the data collection. Councilwoman Simons asked about having a video of someone breaking into the house and police know the person. Chief Trouten answered an attempt to break in was a gross misdemeanor, is now a misdemeanor and we cannot even arrest. We can cite them. He repeated we need to have every single report come in. An entire patrol shift plus two more on overtime where tied up for an entire six hours on one day due to the gun fight. That left the rest of the City without coverage. Lee Hoffman, stated he is puzzled by process and needs clarity and feels finding it to be a public nuisance is a no-brainer. If it is found to be a public nuisance what is the process. July 25, 2023 City Council | Minutes Page 5 of 19  Dave Stanton, City Attorney stated there are a number of options. We have an obligation for due process due to constitutionally protected rights. We can do abatement but it takes some time. In a situation like this, the Council will need to consider options for example, fencing the property. Councilman Stone asked if there is a time the owners become civilly or criminally liable. Mr. Stanton answered the City will place a lien on the building and the owners will be responsible for payment. Councilman Morris stated he doesn't believe a word the owners are saying and they haven't done anything they said they would do. Mr. Stanton stated he predicted we will be back with this and cautioned Council this is a non-action item. Councilman Morris stated we have to do something. Mayor Keener stated he is apologetic to all of the neighborhood going through this. Councilwoman Simons asked at what point will we have an action item. Jan Baum, City Manager, stated hopefully at the next meeting. She reiterated it is very important that all complaints are reported. Mr. Stanton also stated how important that this is done. It is the seriousness of the incidents combined with the number of incidents that are reported. Documentation is important too. It won't just be the police log presented, it will also be what other people have documented. Mayor Keener thanked everyone for their comments. VII. CONSENT AGENDA A. Review, consideration, and possible approval of the City of Elko Fiscal Year 2022/2023 Indebtedness Report, Debt Management Policy, and Five-Year Capital Improvement Plan as required by NRS 350.013, and matters related thereto. FOR POSSIBLE ACTION Pursuant to NRS 350.013, all entities must file the Indebtedness Report, an updated Debt Management Policy, and the Five-Year Capital Improvement Plan. The updated reports are included in the agenda packet for your review. LB B. Review, consideration, and possible approval of a request from Global One Media to close Chris Sheerin Way on August 5, 2023 from 10 am to 4 pm for Global One Media Family Fun Day, and matters related thereto. FOR POSSIBLE ACTION July 25, 2023 City Council | Minutes Page 6 of 19  Global One Media is requiring to close Chris Sheerin Way for their Family Fun Day event. They plan to use Chris Sheerin Way to stage a fire truck, police cars and carriage rides. This is the first year for this event. KW C. Review, consideration, and possible action to reappoint Planning Commission members Mr. Jeff Dalling and Ms. Mercedes Mendive to an additional four-year term to expire July 2027, and matters related thereto. FOR POSSIBLE ACTION Jeff Dalling and Mercedes Mendive terms expire July 2023. Pursuant to City Code Section 3-4-1, Planning Commission members shall be eligible for reappointment, and the terms shall be four years or until his successor takes office. Mr. Dalling and Ms. Mendive have indicated an interest to continue serving on the Planning Commission. CL ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the consent agenda. The motion passed unanimously. (5-0) VIII. PERSONNEL (Cont.) B. Review, discussion, and evaluation of Appointed Official job performance for Fiscal Year 2022/2023, including the possible award of merit pay increases, and reappointment for the following eligible Appointed Officials: 1) Jan Baum, City Manager; 2) Ty Trouten, Police Chief; 3) James Johnston, Fire Chief; and 4) Kelly Wooldridge, City Clerk and matters related thereto. FOR POSSIBLE ACTION Current City policy requires performance reviews to be completed for each Appointed Official during the month of July each year. All Appointed Officials, who are considered employees, shall be evaluated by the Council on years that end in an odd number. Prior to any reappointment of an Appointed Official, a performance evaluation shall be completed. In addition, Council determination is required for reappointment of each Appointed Official, and merit increases for those eligible. A copy of the job performance ratings is included in the agenda packet for review. SS Susie Shurtz, Human Resource Director, stated this item requires two actions, approving the evaluations and approving the step increases. Kelly Wooldridge is not eligible for the step increase as she is topped out. Mayor Keener reminded those who may be retiring and this may be the last evaluation, to keep the pedal to the medal and stay motivated. Councilman Puccinelli stated this was a difficult process for him. He stated his first round he did not think he did a good job and threw it away and started over. July 25, 2023 City Council | Minutes Page 7 of 19  Councilman Stone stated thank you to all of you and stated Chief Johnston did a wonderful job. Chief Trouten has done great. Ms. Baum is brand new and is always easy to get to and talk to. For Kelly the world just doesn't stop and she is always there for us and thank you. Councilman Morris wants to thank Jan Baum and stated she did a wonderful job stepping in for Curtis. He stated Chief Trouten does great and that he hired him. He stated James Johnston is doing great things with the Fire Department. Kelly helps him out every time he goes there. Councilwoman Simons added we have a great team. ** A motion was made by Council Member Simons, seconded by Council Member Stone to accept the performance evaluations and reappoint the City Manager, Police Chief, Fire Chief and City Clerk. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Morris to award merit pay increases to the City Manager, Police Chief and the Fire Chief. The motion passed unanimously. (5-0) IX. APPROPRIATION A. Possible approval and/or ratification of warrants and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants for FY 2023 in the amount of $793,268.73. The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the hand-cut checks FY 2023 in the amount of $53,100.97 The motion passed unanimously. (5-0) ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants FY 2024 in the amount of $306,123.62. The motion passed unanimously. (5-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the hand-cut checks FY 2024 in the amount of $39,899.32. July 25, 2023 City Council | Minutes Page 8 of 19  The motion passed unanimously. (5-0) ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the utility refunds in the amount of $1,275.36. The motion passed unanimously. (5-0) B. Review, consideration, and possible action to award a bid for the Secondary Digester Dome Recoating Project, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for the Secondary Digester Dome Recoating Project on May 23, 2023. Two bids were received on June 29, 2023 and opened at 3:00 pm. MMI Tank’s bid did not include the Secretary of State form, making it non-responsive. Rema Tip Top’s bid had minor technical irregularities relating to the 1% list that can be waived. Staff’s recommendation is to award the bid to Rema Tip Top in the amount of $267,353.49. A Bid Tally Sheet has been provided. DJ Dale Johnson, Utilities Director, stated MMI's bid was considered non-responsive and REMA Tip Top has some minor technical irregularities but it can be considered and we recommend them. Dave Stanton, City Attorney, stated the Council has to make a finding of the technical irregularities and make a finding that it does not give any bidder an advantage over other bidders. Councilman Morris stated it came in a little under budget too. ** A motion was made by Council Member Simons, seconded by Council Member Morris to award a bid for the Secondary Digester Dome Recoating Project, in the amount of $267,353.49 to Rema Tip Top and waive the minor technicality in the 1% list and that it does not provide competitive advantage to the winning bidder. The motion passed unanimously. (5-0) C. Review, consideration, and possible award for the Ruby Vista Dr. Curb and Gutter Project, and matters related thereto. FOR POSSIBLE ACTION At their June 13, 2023 meeting, Council authorized Staff to solicit bids for the Ruby Vista Dr. Curb and Gutter Project. Bids were received until 3:00 p.m. on July 17, 2023. Five bids were received, lowest bid was from Ruby Dome $758,504.75. PA Paul Ageriro, Street Superintendent, stated we had five bids and the majority of them were close. Ruby Dome was the lowest bid and we recommend awarding the bid to them. Mayor Keener called for public comment without a response. July 25, 2023 City Council | Minutes Page 9 of 19  ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to award the bid to Ruby Dome for Ruby Vista Drive Curb and Gutter Project, in the amount of $758,504.75. The motion passed unanimously. (5-0) X. NEW BUSINESS A. Review, consideration, and possible ratification of a Grant of Easement for private access, to Sandvik Mining and Construction USA, LLC., on a portion of APN: 001-630-103, along Silver Street, and matters related thereto. FOR POSSIBLE ACTION Sandvik Mining and Construction USA, LLC intends to develop an industrial site on APN: 001-630-100. The proposed site design includes a driveway across this strip of City owned property. BT Bob Thibault, Civil Engineer, stated this was signed in advance of the meeting so they could close on the property. This has been recorded and we are asking for ratification of the action. Mayor Keener noted Bob Morely is still doing surveying work but he let go of the water rights? Mr. Thibault answered yes. He just stopped doing water rights work but is still working as a land surveyor. Mayor Keener stated he is in support of this due to assisting investors in the community. He called for public comment without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Grant of Easement on APN 001-630-103. B. Review, consideration, and possible approval to submit an application for the 2023 CDBG ZoomGrant program, and matters related thereto. FOR POSSIBLE ACTION The 2023 CDBG ZoomGrant application process is open for applications. Staff is requesting approval to submit a CDBG grant that would fit into one of the following project descriptions: Community Stabilization & Development; Public Facility and Infrastructure; Economic Development; and Community Planning and Capacity Building. Staff can bring a list of projects back to City Council for discussion and approval. DJ Dale Johnson, Utilities Director, stated we are just asking for permission to bring some projects back to Council that we can possibly submit to CBDG. Mayor Keener called for public comments without a response. July 25, 2023 City Council | Minutes Page 10 of 19  ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve submittal of an application for the 2023 CDBG ZoomGrant program. The motion passed unanimously. (5-0) C. Review, consideration, and possible ratification of the Nevada Department of Conservation and Natural Resources Grant Applications, and matters related thereto. FOR POSSIBLE ACTION The Nevada Department of Conservation and Natural Resources along with The Office of Financial Assistance (OFA) opened a grant application process to fund 100 million dollars for statewide qualifying projects. Eligible projects include water conservation, infrastructure improvements to drinking water, storm water, wastewater system, and for the retirement of water rights in over-appropriated basins. Staff has submitted applications for the following projects to the NDWR list for possible funding. Council may also elect to add additional projects for funding. 1. Cattle Drive Water Tank and Tank Line Extension- $4,500,000.00 2. Elko Hills Water Tank and Tank Line- $5,000,000.00 3. Errecart Water Line Extension- 15,000,000.00 4. North 5th Street Booster Station, Tank, and Water Line Extension- $6,000,000.00 DJ Dale Johnson, Utilities Director, stated that all four of these applications have been submitted and asked if there were any other projects they would like to add before August 7. Mayor Keener stated it is a fine selection with all very high amounts. He asked if this is different than the lead pipe program. Mr. Johnson answered yes. He stated there are some smaller projects we could add. Mayor Keener asked if this is federal funding. Mr. Johnson stated yes it is ARPA funding. Jan Baum, City Manager, stated if any are awarded we would re-allocate the current ARPA money. Councilman Stone said we obviously need to go after the money but he is always concerned with the strings attached to the money. Mr. Johnson reminded Council that this is a ratification because the applications have been submitted already. Mayor Keener called for public comments without a response. July 25, 2023 City Council | Minutes Page 11 of 19  ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve ratification of the Nevada Department of Conservation and Natural Resources Grant Applications for; 1) Cattle Drive Water Tank and Tank Line Extension for $4,500,000; 2) Elko Hills Water Tank and Tank Line for $5,000,000; 3) Errecart Water Line Extension for $15,000,000; and, 4) North 5th Street Booster Station, Tank and Water Line Extension for $6,000,000. The motion passed unanimously. (5-0) D. Review, consideration, and possible approval of a land lease agreement between the State of Nevada acting by and through the State Land Registrar of the Division of State Land on behalf of the Department of Wildlife and the City of Elko, a lease agreement for airport land generally known as the “Airport Hangar A-1”, and matters related thereto. FOR POSSIBLE ACTION Great Basin Contracting Engineers are intending to sell the Hangar A-1 to the State of Nevada. Nevada Department of Wildlife intends to house aircraft currently located on site. In order for the State to allocate funding for the purchase NDOW is requesting to enter into a lease agreement with stipulations for purchase of the hangar, with the City of Elko. JF Jim Foster, Airport Director, stated this is a little different with the potential sale of the hanger to the State of Nevada and NDOW. Attorney Stanton has helped with this project. There is an representative from NDOW. He will bring back a termination agreement. Caleb McAdoo, NDOW, stated this will be a tremendous assets to NDOW and will give us the ability to protect multimillion dollar assets. He added, as part of this, the State will need to go through the Board of Examiners in September and an IFC meeting in mid-October. Therefore, everything is on a tight timeline. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Lease Agreement between the State of Nevada and the City of Elko for a land lease of Hangar A-1. The motion passed unanimously. (5-0) E. Review, consideration, and possible action with regard to the failure of Anthem Broadband of Nevada LLC to reimburse the city for its claim for property damage and related expenses totaling Two Hundred Thirteen Thousand One Hundred Fifty-Eight Dollars and Eighty-Six Cents ($213,158.86), and matters related thereto. FOR POSSIBLE ACTION Anthem Broadband of Nevada LLC (Anthem) operates under a Non-Exclusive Franchise Agreement providing broadband service within the city. July 25, 2023 City Council | Minutes Page 12 of 19  Anthem has contracted with another company for the installation of its broadband infrastructure. Anthem’s contractor has repeatedly violated provisions of the Nevada Administrative Code and the Nevada Revised Statutes as those pertain to excavations. As a result, Anthem and its contractor have damaged city infrastructure facilities causing significant disruptions to utility service for city residents and resulting in significant expense to the city. The City, through its attorney, has made written requests for reimbursement for damage to its infrastructure and related expenses beginning in December 1, 2002. Anthem has not responded in any meaningful manner. SAW Dale Johnson, Utilities Director, clarified the total amount was $209,206.25 They are in violation of the terms of their franchise agreement. He stated staff had some recommended motions that Mr. Johnson reviewed with Legal Counsel. He went over those options. A representative from Anthem was present. Mayor Keener asked if Dave Stanton, City Attorney, wanted to comment. Mr. Stanton stated it has been a frustrating process. He has sent a number of letters to Anthem with no response. The proposal we received from Anthem to resolve this was a small fraction of the money and expenses we have incurred. The franchise agreement is an enforceable contract that requires Anthem to do the work in a good manner. If the City has to incur its own expenses to repair damage caused the franchisee, exercising rights granted under the contract, this is recoverable and the city can go to court. But of course, this is expensive. The City Code clearly allows City Council to revoke the agreement. If the City Council directs me to file a complaint in District Court, I will do it. The other option is to see if we can get Anthem to take this seriously and give us a fair number and have a meaningful discussion. Jan Baum, City Manager, added the current balance does not include any mark up. It is just the cost of the damage. Mayor Keener asked if there was a 30-year-old culvert at the end of life and contractor damages it, is the City expecting the contractor to pay the full cost of paying for a new culvert. Mr. Stanton stated if it is a full functioning culvert, yes, if they damaged it, they are responsible to fix it. Mr. Johnson stated the main sewer line on Dotta Drive was hit in multiple places. The only thing we could do was replace it. It was not on any list to be replaced and we did not have any claims in that area and to say that line needed replaced is inaccurate. The sewer line was 12 feet deep and it was hit by installation of a fiber line. Mayor Keener stated we do not want to go to court and asked Anthem to come up to the podium and make a statement. We had issues with your competitor and they took care of everything right of way. July 25, 2023 City Council | Minutes Page 13 of 19  Chad Shanks, Anthem Broadband, asked for thirty days so they can report to their insurance. We want to work with the City. He stated their contractor has push backed on them and they will be starting litigation against them. Mayor Keener asked if thirty days is enough. Mr. Shanks answered yes and this will take his every waking moment. Mayor Keener asked Mr. Johnson what his thoughts were. Mr. Johnson thought thirty days was a good answer. He stated since they have been back to work they have been making a good effort to all and ask for markings to not damage more. Mayor Keener stated this is good enough for him. He called for public comments without a response. Mr. Stanton asked Mr. Shanks what they need the thirty days for. Mr. Shanks answered they needed the thirty days for their legal team to go to SCI to push the answers and get the money back from them. Mr. Stanton asked if they would give a commitment in thirty days. (yes) So, thirty days to give the City of Elko a commitment to reimburse the City for the costs and expenses that are claimed. Mr. Shanks clarified it would be a reimbursement, or a statement, or a follow-up from the insurance companies. It gives an open ending to the question but at that point they would need to come back to the City and possibly have a meeting of some type. Mr. Stanton said his recommendation to the City was to give them thirty days to give a commitment. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve grant Anthem Broadband of Nevada thirty days to receive a commitment to the City Council, referring to the property damage and related expenses totaling $209,206.25. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE A. First Reading of Ordinance No. 880, an amendment to the City Zoning Ordinance, specifically an amendment to Title 3, Chapter 2, Section 10 of the Elko City Code entitled "PC, C Commercial Districts", and matters related thereto. FOR POSSIBLE ACTION The Planning Commission considered Ordinance No. 880 at their April 4, 2023 meeting and made a recommendation to City Council. City Council considered the Ordinance and tabled the item at their April 25, 2023 meeting. Staff worked with legal counsel on additional changes to the ordinance and the proposed changes were significant enough that they needed to be considered by Planning Commission again. Planning Commission July 25, 2023 City Council | Minutes Page 14 of 19  reviewed the revisions at their July 6, 2023 meeting and forward a recommendation to City Council to adopt an ordinance which approves Zoning Ordinance Amendment 1-22. CL Cathy Laughlin, City Planner, stated we started this in 2022 and it has been a long process. There is a document in the packet that indicates the proposed changes. One thing added was accessory structures. This will give guidelines on what is allowed. The item that caused some heartache at the last meeting was taken out of this section of code. We were trying to address some issues in the downtown with that, such as cleaning up the area, but we decided to take it out for now. Mayor Keener asked about public comments. Ms. Laughlin stated there were no comments. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to conduct first reading of Ordinance No. 880 and direct staff to set the matter for public hearing, seconding reading and possible adoption. The motion passed unanimously. (5-0) B. First Reading of Ordinance No. 883, an ordinance amending Title 5 Chapter 3: "Animals and Fowl", and matters related thereto. FOR POSSIBLE ACTION Council initiated Ordinance No. 883 on April 25, 2023. Ordinance No. 883 includes changes that amend the definitions, changes the length of stay for impounded animals, as well as makes other necessary revisions. KW Kelly Wooldridge, City Clerk, and Alyssa Magnum, Animal Shelter Manager, explained we are decreasing the number of days of impound in the shelter so that we can get the animals out sooner, decrease illness in the shelter and decrease animals in the shelter. It will also get the animals into the spay/neuter facility quicker. Mayor Keener asked if they are seeing an increase in the number of animal surrenders. Ms. Magnum answered it is about the same as last year. We are still getting some of the COVID animals. She works with rescue groups to get the numbers down. Mayor Keener stated he spoke with Chief Trouten and Ms. Baum regarding the reason behind this and why it is so important to open up more capacity. Ms. Magnum stated sickness is a big thing in small shelters like ours and cutting down the time of stay helps. Mayor keener called for public comments without a response. July 25, 2023 City Council | Minutes Page 15 of 19  ** A motion was made by Council Member Stone, seconded by Council Member Simons to conduct first reading of Ordinance No. 883 and direct city staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (5-0) C. First reading of Ordinance No. 886 adopting a change in zoning district boundaries from AG (General Agriculture) to R (Single Family and Multiple Family Residential) Zoning District involving approximately 9.860 acres of property, specifically APN 001-620-074, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 3-23 at their special meeting July 6, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from AG- General Agriculture to R - Single Family and Multiple Family Residential for APN 001-620-074. CL Cathy Laughlin, City Planner, stated this property belongs to Mr. Beardmore. It is often referred to as the Benti property. When property is annexed into the City it is automatically zoned as agricultural. This property should be zoned residential. There was one neighbor that had questions regarding future development. He just wants to work on the house and get permits for it. Mayor Keener this property has always struck him as an anomaly. It is great to see this happen. Councilman Morris asked about previous issues about this when Mr. Wines was here and there were issues with the Benti's. Ms. Laughlin stated this was the Ruby Vista properties. This Benti property remained agricultural. The Master Plan would want this to be residential. Mr. Beardmore also owns the properties to the south of this. With any future development, we will be asking for an easement. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conduct first reading of Ordinance No. 886 and direct city staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council Mayor Keener reported he will be attending the League of Cities conference in Las Vegas. He asked if there were any volunteers from Council to help out at National Night Out. Councilwoman Simons will be helping. July 25, 2023 City Council | Minutes Page 16 of 19  Mayor Keener toured Western Folklife Center. They have a proposal to convert the Pioneer Hotel into a Boutique Hotel. They think they can get 22 rooms and a suite, plus a restaurant. He invited them to come to Council and present this. Councilman Stone stated the ECVA POPCON is looking to be a large event with famous people. B. City Manager Ms. Baum reported she will be attending the League of Cities. Mayor Keener congratulated her on the evaluation. Ms. Baum thanked Council. C. Assistant City Manager Absent D. Utilities Director Mayor Keener asked about a payable to a company he has never seen before: Dowl LLC. Dale Johnson stated it was formally Farr West. Mayor Keener asked about a payable and asked why are we cutting checks to Cashman rather than Empire. Ms. Baum said she would ask Candi Quilici. E. Public Works Director Paul Algerio stated micropaving will start soon. The majority of the focus is N. 5th to the West, everything but Rocky Road and the roads that got done last year. He went over the schedule with the microslurry. Mayor Keener asked about sweeping crickets behind Raley's. Is there still a big infestation back there? Mr. Algerio answered he has not seen them and the sweeper has not been back there lately. Mayor Keener asked Mr. Algerio to thank them for sweeping. He also had a complaint about the Royal Crest area and asked we send the street sweeper there. F. Airport Manager No report. July 25, 2023 City Council | Minutes Page 17 of 19  G. City Attorney Mayor Keener gave condolences to Mr. Stanton on his family loss. He also asked about Mr. Coyle. Mr. Stanton stated he had not talked to him in a while and would pass on the kind remarks. H. Fire Chief No report. I. Police Chief No report J. City Clerk No report. K. City Planner Cathy Laughlin stated they are busy getting the public survey out for the Parks and Recreation section of our Master Plan Update. It has been sent out and we are waiting for responses. She asked if you see it, please share it with people. The more input we can get the better it will be. L. Development Manager M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported the crickets on the golf course are thinning out. Unfortunately the ones there now are laying eggs that will possibly hatch next year so we need to have a plan for next year. He thinks we are done for the season with the infestation. O. Civil Engineer No report. P. Building Official Jeff Ford reported the Chipotle is not a secret anymore. The VA clinic is almost through review and will be next to Ross. The apartments are close to getting their permit. The charter school is ready to issue. The Vitality House is at dry wall. The Temple is well underway. Komatsu is almost ready to July 25, 2023 City Council | Minutes Page 18 of 19  pour walls. The two commercial buildings on Clarkson are being constructed and they just picked up the permit on the other. Harbor Freight is a few weeks from opening. They can start setting up. Mayor Keener asked about the Wyndham property. Mr. Ford stated they are sheet rocking. Mayor Keener asked it if went through foreclosure. Mr. Ford answered it did. Motel 6 had some water damage and it has been gutted and is building to the East. XIII. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. There being no further business, Mayor Reece Keener adjourned the meeting at 6:46 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk July 25, 2023 City Council | Minutes Page 19 of 19