Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS November 28, 2023 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, November 28, 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: Diann Byington, City Clerk Technician II Jan Baum, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Candi Quilici, Accounting 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 James Johnston, Fire Chief III. PLEDGE OF ALLEGIANCE November 28, 2023 City Council | Minutes Page 1 of 16 IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. V. APPROVAL OF MINUTES A. November 14, 2023 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON ACTION ITEM At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance as follows: 1. Removal of Unauthorized Persons 2. Security Services (order amended October 24, 2023) 3. Security Fence 4. Security Cameras Staff will provide City Council with an update on the abatement orders and the public nuisance. JB Jan Baum, City Manager, reported there was no update on the removal of unauthorized persons. There was no update on the security services. There was no update on the security fence or the security cameras. There have been no law enforcement calls in the month of November. The water bill has still not been paid and the water is still shut off. The Building Department has a meeting fairly soon with a local contractor on how to get a building permit for the property. That is good news. No background checks for Vernal Real Estate Partners employees has been requested at the Police Department. Vernal Real Estate Partners does have a City of Elko Business License and a license with the State of Nevada. Mayor Keener would like to see them submit the background checks on their employees. Once that is done, he would be satisfied taking this off the agenda. He asked Ms. Baum to reach out to request the background checks. November 28, 2023 City Council | Minutes Page 2 of 16 Ms. Baum added when she talked to Kelly Wooldridge, the return receipt for the certified mail has not come back yet. VII. CONSENT AGENDA A. Review, consideration, and possible approval of a request from Rich Highland, dba Ruby Mountain Hotdogs, LLC for concession space at the Elko City Main Park, and matters related thereto. FOR POSSIBLE ACTION Mr. Highland would like to utilize Area 2 for his hotdog food trailer. He holds an Elko City Business License and has provided the required insurance. KW B. Review, consideration, discussion, and possible authorization for Staff to advertise for one vacant position on the Ruby View Golf Course Advisory Board, and matters related thereto. FOR POSSIBLE ACTION The Ruby View Golf Course Advisory Board currently has one vacant position. By-Laws state, vacancies occurring other than through the expiration of the term shall be filled for the remaining duration of the term. Staff would like to advertise for the recruitment of the vacant position. JW C. Review, consideration, and possible designation of the Assistant City Manager as the Flood Plain Administrator and the Development Manager as the Acting Flood Plain Administrator in the absence of the Assistant City Manager, and matters related thereto. FOR POSSIBLE ACTION Chapter 3 Section 8-4 requires a designation of Staff members for the administration of the flood plain ordinance by granting or denying floodplain development permits in accordance with the provision of the ordinance. SAW ** 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 A. Review, consideration, and possible approval of revisions to “Chapter 14 Definition of Terms” of the City of Elko Human Resources Personnel Policy Manual, and matters related thereto. FOR POSSIBLE ACTION POOL/PACT released updated sample policies in July 2023, and we are presenting the suggested revisions for Council approval. Revisions to “Chapter 14 Definition of Terms,” are included in the agenda packet, with any significant changes highlighted for reference. SS November 28, 2023 City Council | Minutes Page 3 of 16 Susie Shurtz, Human Resources Manager, explained this is a continuation of the updated policies. Highlighted is anything new or changes. Mayor Keener asked if she had any concerns. Ms. Shurtz answered no. It is all standard. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the revisions to the City of Elko Human Resources Personnel Policy Manual, "Chapter 14 Definitions of Terms," as presented. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of revisions to “Chapter 13 Vehicle Operators Drug and Alcohol Policy” of the City of Elko Human Resources Personnel Policy Manual, and matters related thereto. FOR POSSIBLE ACTION POOL/PACT released updated sample policies in July 2023, and we are presenting the suggested revisions for Council approval. Revisions to “Chapter 13 Vehicle Operators Drug and Alcohol Policy,” are included in the agenda packet, with any significant changes highlighted for reference. SS Ms. Shurtz explained this is the Vehicle Operators Drug and Alcohol Policy. The most significant change was the information adding the DOT requirement for employers using the CDL Alcohol Clearinghouse. The other big change is adding oral fluid testing. We are getting our language updated. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the revisions to the City of Elko Human Resources Personnel Policy Manual, “Chapter 13 Vehicle Operators Drug and Alcohol Policy,” as presented. The motion passed unanimously. (5-0) IX. APPROPRIATION A. Review and 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 in the amount of $375,919.45. 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 in the amount of $334,621.16. November 28, 2023 City Council | Minutes Page 4 of 16  The motion passed unanimously. (5-0) B. Review, consideration, and possible direction to Staff and/or award of Contract (Purchase Agreement) for the procurement of a new armored rescue vehicle for the Elko Police Department funded by a Federal grant, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has secured a $350,000 grant from the Office of the Military, Division of Emergency Management designated for the acquisition of a new armored rescue vehicle. The grant stipulates that the funds must be utilized by September 30, 2024. During the regular meeting on April 11, 2023, the City Council evaluated bids from Lenco Industries, LLC and Terradyne Armored Vehicles, Inc. After the review, the City Council voted to award the bid to Terradyne Armored Vehicles Inc. However, no contract documents were executed following the vote. Upon scrutinizing the bid documents, it was discovered that not all Federal and State requirements were met, posing a potential risk to the funding for the purchase. Consequently, during its meeting on April 25, 2023, the City Council decided to reject all bids. The City Council instructed Staff to re-bid the procurement with corrected documents that satisfy Federal and State Requirements. On August 3, 2023, the City of Elko initiated an Invitation to Bid for the procurement of the new armored rescue vehicle. The Invitation to Bid specified that the City of Elko Police Department would test ballistics protection based on samples provided by the bidders. Note that the failure of the ballistics test may provide a basis for finding the corresponding bid to be not responsible. Bids from Lenco Industries, LLC and Terradyne Armored Vehicles, Inc. were opened on September 6, 2023. The Invitation to Bid states that the City will award the bid to the lowest responsive and responsible bidder based on the criteria outlined in the Bid Documents. However, both bids contained elements that did not conform to the Bid Document requirements. The elements are outlined on the bid tabulation in the agenda packet. Following reviews by the City Attorney and City Staff, consultations were held with the State Department of Emergency Management -- the agency overseeing the grant -- and the State of Nevada Purchasing Division. Based on the foregoing, Staff is proposing that the City Council select one of the following four options: 1. Reject all bids as nonresponsive and instruct Staff to reissue the Invitation to Bid. 2. Direct Staff to attempt to negotiate an agreement with both bidders releasing and holding the City harmless from and against any claims based on the nonresponsiveness of the other bidder’s bid, and waiving the right to protest an award based on the nonresponsiveness of the other bidder’s bid. The bids would then be presented to the City Council at a subsequent meeting for possible award. November 28, 2023 City Council | Minutes Page 5 of 16  3. Reject any bid deemed not responsible and thereafter award the Contract to the lowest responsive bidder upon appropriate waivers by the City Council of any elements that vary from the Bid Documents 4. Reject all bids as not responsible and let the contract without a competitive solicitation in accordance with NRS 332.148. KW Chief Trouten explained we have issues on both bids. He didn't see a way we can say either of these are responsive. Option 2 is accomplishing things in an unconventional way he was not comfortable with. Option 1 would be his recommendation but his patience is waning. Councilwoman Simons asked if there was a new armored vehicle in the parade. Chief Trouten answered that was the MRAP vehicle. Mayor Keener asked Chief Trouten to remind everyone the restrictions that have been put on the use of that vehicle by the Administration. Chief Trouten said pursuant to an Executive Order by President Biden, military vehicles that are armored have limitations as to what type of instances they can be used for. They consist of search and rescue, response to an active shooter, response to a natural disaster, or response to hostage situations. It is not available to use as an armored vehicle that we previously used it for. Mayor Keener asked if any bidders are on the GoToMeeting? Kelly Wooldridge, City Clerk, answered we have the Terradyne vendors online. Mayor Keener said it appears we have been painted into a corner because of the responses. We need to reissue this and go out to bid. He hoped this will go easy for the bidders to get the bid packages back to us. Durward Smith, President of Terradyne, thanked Council for the opportunity to participate. Dave Stanton, City Attorney, said before we start engaging in dialogue with the bidders, it would probably be a better approach, to avoid any competitive issues, would be to make a decision in terms of how to proceed on the bid. He agreed option 1 was the best option. If we are going to have a dialogue with the bidders, we should do that at the pre-bid meeting. Jan Baum, City Manager, asked if the other bidder was online. Ms. Wooldridge answered that it looked like just Terradyne was on. She has not heard from the other vendor since she sent them the agenda. That was last week. Councilman Morris felt they needed to reject the bids and look at option 1. We need this vehicle and it would be bad to lose the grant. November 28, 2023 City Council | Minutes Page 6 of 16 Mr. Smith suggested doing this expeditiously because of the timeline on the grant. Ms. Wooldridge reminded everyone that publishing bids in the newspaper can be difficult with their new publishing schedule and we can't hold the pre-bid meeting until after it is published. Councilman Puccinelli stated he called the Chief to get his opinion. He hopes this will smooth out the process. ** A motion was made by Council Member Simons, seconded by Council Member Stone to reject all bids as non-responsive and instruct the staff to re-issue the bid. The motion passed unanimously. (5-0) X. SUBDIVISION A. Review, consideration, and possible approval of Final Map No. 3-23, filed by Koinonia Development LP for the development of a subdivision entitled Mountain View Townhomes Unit Number 2, involving the proposed division of approximately 2.238 acres of property into 32 townhome lots for residential development and 1 common lot within the CT (Commercial Transition) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located on North 5th Street near the intersection with Mary Way. The Final map is in conformance with the tentative map. RN Ralph Negron, Development Manager, explained the project engineer was present. We think this will be a great project and he recommended approval. Mayor Keener said the market has been very receptive to this type of product. He called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to recommend that the City Council accept, on behalf of the public, the parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication; that the final map substantially complies with the tentative map; that the City Council approve the agreement to install improvements in accordance with the approved construction plans that satisfies the requirements of Title 2 Chapter 3, and conditionally approve Final Map 3-23 with findings and conditions listed in the Staff Report dated October 20, 2023 and based on the Planning Commission’s recommendation dated November 7, 2023. The motion passed unanimously. (5-0) XI. UNFINISHED BUSINESS November 28, 2023 City Council | Minutes Page 7 of 16  A. Review, consideration, and possible approval of a Performance/Maintenance Agreement for subdivision improvements associated with the Mountain View Townhomes Unit Number 2 Subdivision, and matters related thereto. FOR POSSIBLE ACTION Elko City Code 3-3-21 requires the subdivider to have executed and filed an agreement between the subdivider and the City for the required subdivision improvements, including stipulations on the time frame for when those improvements are to be completed, and to post a performance guarantee in accordance with Elko City Code 3-3-22. RN Mr. Negron explained this is a Performance/Maintenance Agreement for Koinonia Development. It is part of the Final Map. He recommended approval. Mayor Keener called for public comments without a response. Councilman Stone thanked Ralph for putting all of those documents on the agenda. He learned a lot from it. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Performance/Maintenance Agreement for subdivision improvements associated with the Mountain View Townhomes Unit Number 2 Subdivision and require that the developer enter into the agreement within 30 days. The motion passed unanimously. (5-0) XII. NEW BUSINESS A. Review, consideration and possible action to approve an Interlocal agreement and Grant of Easement for the construction of a well and shared usage of water between the City of Elko and the County of Elko, and matters related thereto. FOR POSSIBLE ACTION On October 24th 2023 City Council approved a Grant of Easement for a Utility Water Line between Joy Global Surface Mining, Inc. and the City of Elko to install a water line and supply water to the Elko County Motorsports Park. The Interlocal agreement and Grant of Easement between the City and County will allow the County to provide water rights to the City of Elko for recreational purposes at the Motorsports Park and to supplement the water the City is currently serving the area. Dale Johnson, Utilities Director, explained this is an interlocal agreement between the City and the County for the Motorsports Complex the County owns. The County Commission approved the agreement at their last meeting. There were some supplemental easements they also approved. They will be supplying water rights to the City for it. Mayor asked if there have been improvements done for the park yet. Mr. Johnson answered they have done some dirt work in the track area. Hopefully, they will be able to put in sprinklers around the track to keep the dust down. November 28, 2023 City Council | Minutes Page 8 of 16 ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the Interlocal Agreement and Grant of Easement. The motion passed unanimously. (5-0) XIII. RESOLUTION AND ORDINANCE A. Review, discussion, and possible adoption of Resolution No. 15-23, a resolution approving a Memorandum of Understanding and Form Contract to be utilized for Cold Weather Shelters during Cold Weather Emergencies, and matters related thereto. FOR POSSIBLE ACTION As a possible means of providing shelter to homeless persons during periods of extreme cold weather staff is proposing the adoption of a Memorandum of Understanding and a Form Contract that could be utilized to rent hotel/motel rooms under NRS 332.112 on an as-available basis. SAW Scott Wilkinson, Assistant City Manager, explained this is routine and we do it every year. There are no changes to it from last year. He recommended approval. Mayor asked if there is damage to the facility by the tenants, is the city responsible for it. Mr. Wilkinson answered, yes, we are. Lee Hoffman, 1085 Barrington Ave., said when he was reviewing this item earlier today, the computer said the MOU was unavailable to view. He felt it should have been available to see but it wasn't. Dave Stanton, City Attorney, said that was a good point. It should have been available for review in connection with the Resolution. A way of dealing with this in Open Meeting Law, if we can have hard copies distributed during Council Meeting, and that would satisfy the law. After some research, it was discovered the MOU was not available for viewing on the agenda and had not been reviewed by Council. It was decided that the MOU and Agreement would be printed and brought over for review. CONTINUED AFTER REPORTS XV. REPORTS A. Mayor and City Council Mayor Keener reported he was able to attend the opening for the Great Basin Child Advocacy Center. Just after the meeting last time, he was joined by Jan, Rex Steninger and Jim Foster, in going to St. George, Utah. The lighting of the Christmas Tree is Thursday at the Elko Chamber of Commerce. November 28, 2023 City Council | Minutes Page 9 of 16 The Festival of Trees starts tomorrow at the Convention Center. The City Christmas Party is coming up on Friday the 8th. He will be absent for the December 14, 2023 City Council and RDA meetings. Councilman Stone said the Festival of Trees is all set up and ready for tomorrow. The new ECVA sign is all lit up and ready. Councilman Morris mentioned the Golf Committee and asked what they were targeting for the open position. Do they want someone over the Jr. Golf? Jan Baum said the committee updated the bylaws to require the members to live in the City of Elko. James Wiley said the position that was vacated still has a year left on the term and we should fill the position specific to Jr. Golf. Mayor Keener asked if everyone signed the card that was in Kim's office. B. City Manager Jan Baum mentioned the audit is still ongoing. We have a 30-day extension. It will be presented to Council in January. There is only one meeting in December. We have an event on Friday that Jim Foster will talk about. She reminded everyone to RSVP the Christmas Party. SkyWest has come to the City with a 6-month contract. It will be presented to FANN for approval and they will be paying the MRG. The swimming pool will be closed in December for a while. Mayor Keener said the Thank You Card he mentioned was for Josephine Mahoney. She saved the Veteran's Day Parade and we wanted to recognize her for that. C. Assistant City Manager Mayor Keener said he has seen Scott Wilkinson moving around City Hall and it was good to see him back at work. Scott Wilkinson said Jodi Notestine was bringing over copies of the MOU and Agreement for Council to review. It says the file was attached but the program did not pick them up. He apologized for the inconvenience it may have caused with these attachments not working. D. Utilities Director Mayor asked when will we get rolling with that insurance program? Dale Johnson said the onboarding meeting is tomorrow at 9:30 am and after that it will be rolling out for customers. E. Public Works F. Airport Manager November 28, 2023 City Council | Minutes Page 10 of 16 Jim Foster reported they went to SkyWest Airlines a while back. Jan Baum had never been down there before. We talked for a while and went home. We will be getting our CRJ900 aircraft on December 1st. They will be changing the flight schedules just a bit. The arriving flight will be just a little bit later and give people a better cushion for flight connections. We are planning a ribbon cutting ceremony on Friday, December 1 at noon, because this is a big deal for us. IDK Deli will have Santa Claus and Poncho Clause at the Airport on December 14 and 15 from 5:00 pm to 7:00 pm. Poncho is a distance relative of Santa Clause that lives at the South Pole. Mayor Keener asked if he got rid of the ARFF Truck yet. Mr. Foster said they are still working on getting it transported. We want a good travel day for it so nothing freezes up. G. City Attorney No report. H. Fire Chief Chief Johnston mentioned we completed the yearly training with SnoBowl. We now have 3 car seat technicians to help put them in. I. Police Chief Chief Trouten said one of the new training requirement additions is the yearly behavior wellness visit. We have been able to secure a provider so all the sworn officers will have that required visit to comply with POST standards. We are at that time of year where people are letting their vehicles warm up with valuables inside. Please be careful. We have people crawling around looking to make a few bucks. Mayor Keener said one of his neighbors had their side by side taken from their yard. J. City Clerk Kelly Wooldridge said she was trying to figure out why those documents didn't attach to the packet. K. City Planner Mayor Keener said he understood the Sandvik project was within the Redevelopment Area. Cathy Laughlin said it is. Mayor Keener thought that would be the biggest project in the area to date. Ms. Laughlin said it will be the biggest for the RDA. November 28, 2023 City Council | Minutes Page 11 of 16  L. Development Manager Ralph Negron said we have a meet and greet on Thursday. He is hoping to get to know the developers better. Mayor Keener asked how many developable lots do we have in the City? Cathy Laughlin said they keep a spreadsheet on that. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported they will be closing the pool starting December 16 until January 28th. We conducted our lift training at the SnoBowl. O. Civil Engineer Mayor Keener made some comments about Bob Thibault leaving the City. Bob Thibault reported he and his wife have tendered their resignations. Their last day in the office will be December 4th. They will be taking over High Desert Engineering. They both appreciate the opportunity they had here at the City. P. Building Official No report. XIII. RESOLUTION AND ORDINANCE (Cont.) A. Review, discussion, and possible adoption of Resolution No. 15-23, a resolution approving a Memorandum of Understanding and Form Contract to be utilized for Cold Weather Shelters during Cold Weather Emergencies, and matters related thereto. FOR POSSIBLE ACTION As a possible means of providing shelter to homeless persons during periods of extreme cold weather staff is proposing the adoption of a Memorandum of Understanding and a Form Contract that could be utilized to rent hotel/motel rooms under NRS 332.112 on an as-available basis. SAW Mayor Keener asked for a break in order to review the documents that had been handed out. BREAK November 28, 2023 City Council | Minutes Page 12 of 16 Mayor Keener called the meeting back to order and returned to Resolution No. 15-23. Scott Wilkinson said these are the same MOU and contract we use every year to provide shelter during cold weather emergencies. We adopt these each year by resolution. Mayor Keener added FISH used to provide this service but with the onset of COVID, they were unable to have volunteer staff available. Are they still not able to sponsor this? Mr. Wilkinson answered their board took action that they no longer wanted to provide the service. He was not sure what their reason was but they do not provide that service. Only one hotelier has been interested in providing the service. It has gone smoothly over time but there have been a few occasions where the renters did not want to leave in the morning. Last year we had one individual that stayed an extra day but we did not reimburse the hotelier for that. Hopefully that hotelier will be interested in doing this service again this year. Mayor Keener was concerned that some of the people showing up for the rooms are not registered at the camp. Mr. Wilkinson said there is a homeless population that is not at the camp. When we post that on the website, we post it with FISH and engage the hotelier, and it goes out to the community that the rooms are available. If he had to guess, he would say probably 2/3 of the time it is people from the Homeless Camp that are taking advantage of the rooms. Others are worried someone will get into their camp when they aren't there and steal their stuff. Councilwoman Simons said if you get these rooms there is some need for it. They may not be homeless as we are thinking, but there is obviously a need. Mr. Wilkinson thought the people that communicate along these lines and get the word the shelter is available, really need it. We don't restrict it to people from the camp. Dave Stanton, City Attorney, said Lee Hoffman pointed out to him that there is some different language in the documents regarding pets. The MOU is the intent of the agreement but not binding. The agreement is the actual binding contract. I don't see a huge difference between the two. This would be a time to reconcile the language and possibly change the documents. Councilman Puccinelli thought the language may be a little different but felt they both said the same thing. They both refer to their existing pet policy. Mr. Wilkinson said if we change anything we leave it up to the provider. If we tell people, they can in take pets they can say they don't have any rooms available. Mayor Keener wanted to cast as wide a net as possible. If the providers don't allow pets but the MOU states they have to take in pets, then they will not want to participate. If the MOU is non-binding, then this is moot. He called for public comments without a response. November 28, 2023 City Council | Minutes Page 13 of 16 ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to adopt Resolution No. 15-23. The motion passed unanimously. (5-0) B. Review, discussion, and possible adoption of Resolution No. 16-23, a resolution appointing representatives authorized to declare Cold Weather Emergencies and then execute emergency contracts to be utilized for Cold Weather Shelters pursuant to the emergency contracts statute, and matters related thereto. FOR POSSIBLE ACTION As a possible means of providing shelter to homeless persons during periods of extreme cold weather, staff is requesting authorization to rent hotel/motel rooms for use by homeless persons pursuant to NRS 332.112, the “emergency contracts” statute, on an as-available basis. The resolution designates the City Manager and the Assistant City Manager be appointed and the authorized representatives with the authority to determine that a cold weather emergency exists affecting the public health, safety or welfare, and would then have the authority to let a contract or contracts as necessary to contend with the emergency without complying with the requirements of NRS Chapter 332. If such emergency action is taken by either of the authorized representatives, he shall report it to the City Council at its next regularly scheduled meeting. SAW Mr. Wilkinson explained this authorizes the City Manager and the Assistant City Manager to enter into these contracts on an emergency basis. Ms. Baum asked if the Resolution had been printed and brought over because the one on the agenda packet cannot be opened. Mr. Stanton said he only got a copy of the MOU and the agreement. We do need a copy of the Resolution in order to approve it. Mayor Keener moved on to Public Hearings while the Resolution got printed and handed out. CONTINUED AFTER PUBLIC HEARING XIV. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 888, an ordinance adopting a change in zoning district boundaries from GI (General Industrial) to R (Single Family and Multiple Family Residential) Zoning District, approximately 5,147 square feet, specifically APN 001-387-003 and processed as Rezone 5-23, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 5-23 at their meeting November 7, 2023. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment. City Council held the first reading November 28, 2023 City Council | Minutes Page 14 of 16  of Ordinance No. 888 on November 14, 2023 and set the matter for second reading and public hearing. CL Cathy Laughlin, City Planner, explained we just held the first reading at the last meeting. This will allow the house on S. 1st Street to be used for residential use and repairs to be permitted. ** A motion was made by Council Member Morris, seconded by Council Member Stone to conduct second reading, public hearing and adopt Ordinance No. 888. The motion passed unanimously. (5-0) BREAK XIII. RESOLUTION AND ORDINANCE (Cont.) B. Review, discussion, and possible adoption of Resolution No. 16-23, a resolution appointing representatives authorized to declare Cold Weather Emergencies and then execute emergency contracts to be utilized for Cold Weather Shelters pursuant to the emergency contracts statute, and matters related thereto. FOR POSSIBLE ACTION As a possible means of providing shelter to homeless persons during periods of extreme cold weather, staff is requesting authorization to rent hotel/motel rooms for use by homeless persons pursuant to NRS 332.112, the “emergency contracts” statute, on an as-available basis. The resolution designates the City Manager and the Assistant City Manager be appointed and the authorized representatives with the authority to determine that a cold weather emergency exists affecting the public health, safety or welfare, and would then have the authority to let a contract or contracts as necessary to contend with the emergency without complying with the requirements of NRS Chapter 332. If such emergency action is taken by either of the authorized representatives, he shall report it to the City Council at its next regularly scheduled meeting. SAW Mayor Keener called the meeting back to order. Scott Wilkinson, Assistant City Manager, explained this resolution gives authorization for the City Manager and the Assistant City Manager to declare a cold weather emergency and enter in contracts with hoteliers who have signed an MOU and are interested in renting rooms to homeless people. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to adopt Resolution No. 16-23. The motion passed unanimously. (5-0) XVI. COMMENTS BY THE GENERAL PUBLIC November 28, 2023 City Council | Minutes Page 15 of 16  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., apologized for slowing the meeting down tonight. When he noticed the issue, he should have called Ms. Baum and let her know. His concern was complying with Open Meeting Law and nothing more. Mayor Keener assured him that we appreciate his contributions. There being no further business, Mayor Reece Keener adjourned the meeting at 5:50 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk November 28, 2023 City Council | Minutes Page 16 of 16