Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS December 10, 2024 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, December 10, 2024. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener at 4:00 PM. 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 (arrived at 4:01 PM) Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Dave Stanton, City Attorney Dale Johnson, Utilities Director Jim Kerr, Water Superintendent Andrew Storla, Assistant Water Superintendent Paul Algerio, Public Works Jim Foster, Airport Manager James Johnston, Fire Chief Ty Trouten, Police Chief Ralph Negron, Development Manager Julie Davis, Financial Services Director Candi Quilici, Accounting Manager James Wiley, Parks and Recreation Director Jeff Ford, Building Official Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE December 10, 2024 City Council | Minutes Page 1 of 15 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 Mandy Simons arrived at 4:01 PM. Mayor Keener called for public comment without a response. V. CONSENT AGENDA A. Approval of Minutes for the November 26, 2024, Regular Session B. Review, consideration, and possible approval of the Utilities Department position descriptions, updated in the Classification & Compensation Study, and matters related thereto. FOR POSSIBLE ACTION During the Classification & Compensation Study, which was completed and accepted by the City Council at the November 26, 2024 meeting, the position descriptions for the following positions were updated: Utilities Director, Water Superintendent, WRF Superintendent, Laboratory Manager, Water Assistant Superintendent, WRF Assistant Superintendent. The updated position descriptions accurately reflect the current duties and responsibilities of the positions. SS C. Review, consideration, and possible acceptance of a Deed of Dedication offered by Georgia Ann Hammond for a right-of-way on a portion of public alley located on a vacated portion of Juniper Street, and matters related thereto. FOR POSSIBLE ACTION A remnant portion of Juniper Street is proposed for vacation under Vacation Application #2-24. The proposed Deed of Dedication that has been offered by Georgia Ann Hammond will provide a continuation of the City’s right-of-way for a public alley on a former portion of Juniper Street. RN ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the consent agenda. The motion passed unanimously. (5-0) VI. PRESENTATION A. Presentation of Retirement Plaque by the Mayor in recognition and appreciation to Mandy Simons, Councilwoman, and matters related thereto. INFORMATION ONLY- NON- ACTION ITEM December 10, 2024 City Council | Minutes Page 2 of 15 Mayor Keener thanked Ms. Simons on behalf of the board and the entire community for everything she has done over the past twelve years. He said she has served honorably, and it was a privilege serving with her on the board. He added he wrote down a few adjectives to describe Ms. Simons. He described her as someone who is trusted by the community. Someone who is wise, discerning, confident in their decisions, resolute and grounded and it was going to be tough to replace her. Councilmember Morris said he has worked with Ms. Simons these past four years and doesn’t know how she juggled her time between serving the community and her family and kids’ activities for the past twelve years. He said Ms. Simons and her husband are the epitome of what a family should be. He said it has been a pleasure working with Ms. Simons and thanked her for her service. Councilmember Stone said Ms. Simons and her husband were the reason he ran for office and he was grateful for the confidence they had in him. He thanked Ms. Simons for everything her and her husband have done and continue to do in their lives and gospel lives. Councilmember Puccinelli said sitting on a board like this for twelve years shows a true dedication and commitment. He said it has been an honor and a pleasure sitting next Ms. Simons and she will be missed. Scott Gavorsky, 878 2nd St, on behalf of the Elko County Republican Party, thanked Ms. Simons for her service and dedication despite her many other commitments. He added this should serve as an inspiration for people to get out and get involved with the community. Ben Reed, former police chief said Ms. Simons was on the team that hired him in 2013 and remembered her as well studied and a peacemaker always looking for a compromise. He added she always knew her stuff, and if he received a call from her he knew right away he had missed something. He thanked her for always having their back. Jan Baum, City Manager said she appreciated Ms. Simons’ support and point of view. She added the arts and culture committee had come a long way because of her and she will be difficult to replace. She thanked Ms. Simons for always putting the City of Elko first. Scott Wilkinson, Assistant City Manager said it has been a pleasure working with Ms. Simons not only through city council but arts and culture as well. He added he has a lot of respect for Ms. Simons for the tough decisions she’s made throughout her time here and wished her the best going forward. Jim Foster, Airport Manager said it has been an absolute pleasure to work with Ms. Simons, as she was the airport liaison for all these years. He thanked her for the continual support she’s given the airport and her involvement with several big projects that have taken place there. He presented Ms. Simons with a pair of Elko Regional Airport socks as a thank you for her service and dedication. December 10, 2024 City Council | Minutes Page 3 of 15 Dave Stanton, City Attorney said he was really going to miss Ms. Simons’ sense of humor. He said if a tough decision needed to be made during a meeting, she was the one to step up and make those decisions. He added Elko is a much better place because of Ms. Simons and her contributions. Mayor Keener presented Ms. Simons with a plaque in honor of her outstanding dedication and service to the citizens of Elko. B. Presentation of Retirement recognition and appreciation to Pete Goicoechea, Senator and matters related thereto. INFORMATION ONLY- NON-ACTION ITEM Mayor Keener said Senator Goicoechea has been named to fill a vacant regent position and is on regent business this week and we will try to get him over here in January for an appreciation piece. C. Presentation by the Utilities Department for the Sewer Assessment, and matters related thereto. INFORMATION ONLY - NON-ACTION ITEM RH Borden performed a sewer assessment during September and October. The project is now complete and a summary report has been provided. DJ. Jim Kerr, Water and Sewer Superintendent, presented the findings from a sewer assessment conducted by RH Borden during September and October. A copy of this presentation can be found in the agenda packet. He reported the technology is call a rapid assessment tool and has won awards. He described how the technology works and how it compiles data. He said the technology is able to assess 20,000 feet of pipe a day, which is phenomenal considering they are only able to clean about 500 to 1000 feet a day. The data was then compiled and overlaid onto a GIS dashboard. He showed a map of the city sewer (found in minutes packet) showing areas of green, yellow and red. Green being clear pipe, yellow being semi-clear and red being completely blocked. The results from the first assessment were 34 urgent situations identified that were taken care of. There were 173 blocked, 142 poor lines, 227 missing or buried or inaccessible manholes. He noted manholes could have been buried or paved over and some are in backyards that were not accessible at the time of assessment. He added RH Borden will come back in 12 months to reassess so that they can see what type of progress has been made. Mayor Keener asked if we purchased the technology and if we have the equipment. Mr. Kerr stated they brought in their own equipment and their own crews. Andrew Storla, Assistant Water Superintendent, presented another portion of the findings from water assessment. He said the total pipe assessed in the 30 days was 510,000 feet. He reported overall, we are about 51% good, 13% fair. He demonstrated how black may not necessarily mean blocked, it could mean there are belly roots in the pipes, or the pipe may possibly need to be upsized. He said the tree streets are one of the biggest areas of concern, as there is a lot of work that needs to be done over there. He said there is an excel file that they can update as they address what’s going on. December 10, 2024 City Council | Minutes Page 4 of 15 Mr. Kerr said moving forward with this information, they will be able to get out to the problem areas with their camera vans and address the highest need right away. Councilmember Simons asked if the company had a recommendation on how often to reassess or is it up to the city. Mr. Kerr said in his opinion, we need to address the issues and then see what we need. He noted that the assessment was able to cut costs, an estimated $70,000 in savings. Mayor Keener said he looked forward to an updated assessment in 12 months. VII. PERSONNEL A. Employee Introductions: 1. Dustin Shear - Patrol Officer I, Police Department 2. Marquise Lenard- Patrol Officer I, Police Department Police Chief Ty Trouten first introduced Dustin Shear. He said Dustin started his law enforcement career in Mobile, Alabama followed by Colorado City, Utah. Dustin Shear said he is originally from Oregon and started his law enforcement career in Mobile, Alabama while his wife went to school. His wife is a physician’s assistant and was awarded a lead provider position at an urgent care here which prompted their move to Elko. He stated it’s been a lot of fun to be a part of the Elko Police Department and it should be more conducive to his style of policing. Chief Trouten then introduced Marquis Leonard. He stated Mr. Leonard has had some experience in the military and is a brand new officer. Marquis Leonard said he has been a resident of Elko for 17 years and enjoys camping and recreational sports in his spare time. He enlisted and served with the 101st Airborne Division as an infantry mortarman at the age of 20. After serving, he decided to put his commitment to excellence, pride and service towards serving his hometown and its residents. VIII. 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 Puccinelli, seconded by Council Member Simons to approve the regular warrants in the amount of $7,774,475.21 and hand cut checks in the amount of $69,219.22. The motion passed unanimously. (5-0) December 10, 2024 City Council | Minutes Page 5 of 15  B. Review, discussion, and possible approval of a proposal from the University Center for Economic Development (UCED) with UNR to develop a Five-Year Strategic Plan for the City of Elko and matters related thereto, FOR POSSIBLE ACTION. Fred Steinman of the University Center for Economic Development (UCED) with UNR has performed Strategic Plans for the Northeastern NV Regional Development Authority (NNRDA), Elko County, Spring Creek Association, and Elko Convention and Visitors Authority (ECVA). City Staff is requesting approval from the City Council to begin developing a five-year Strategic Plan for the City of Elko. Fred Steinman with the University Center for Economic Development (UCED) with UNR will be present to discuss the process. JB Ms. Baum said she had reached out to Doctor Steinmann about a year ago and it was very receptive, and added she thinks this would be a great time to start this. She said her and Annette Robinson, City Clerk, went through the history of Elko and it appears that a strategic plan was started in 2015 but the city has never had one professionally done. She reported she has visited with the directors and they are in favor of it. Doctor Fred Steinmann, Director of the University Center for Economic Development at the College of Business, University of Nevada, Reno said we have a good understanding of the Elko area and look forward to working with the city. He added he is happy to take any questions. Mayor Keener said there can be a lot of advantages to having this in place and having the data at our fingertips, in addition to some positive aspects for grants. He noted there is going to be a time commitment associated with this, but the payoff will give us a good direction on where to focus our activity. Councilmember Morris said he think it's a good idea to get it professionally done. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the proposal from the University Center for Economic Development (UCED) with UNR to develop a Five-Year Strategic Plan for the City of Elko. The motion passed unanimously. (5-0) C. Review, consideration, and possible direction to Staff to award the Water Modernization Leak Detection Pilot Program and matters related thereto. FOR POSSIBLE ACTION On April 12, 2024 City Council directed staff to solicit RFQ’s for the Water System Modernization Project. Staff received RFQ’s from seven vendors Amcobi, Orbis, Hydrospecialities, Core and Main, Ferguson, Muller, and Western Nevada Supply for the December 10, 2024 City Council | Minutes Page 6 of 15  leak detection. Staff and The Shpigler Group selected five vendors Orbis, Core and Main, Ferguson, Muller, and Western Nevada Supply to provide product demonstrations and interviews. Staff and The Shpigler Group recommends awarding a pilot test for leak detection to Ferguson Water Works to supply AQS Equipment for the study. DJ Dale Johnson, Utilities Director said this is a pilot test to see if the equipment works in our system. Due to the variety of pipe materials used in Elko, some equipment provided by other vendors would not have worked well with all the different pipe materials. The pilot test will allow us to test the equipment before making a large decision. He added they can be installed above ground and will not require any excavation to install. Councilmember Morris said he sat through the presentation and the technology available is amazing and he is hopeful it works. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to award the Water Modernization Leak Detection Pilot Study to Ferguson Supply. The motion passed unanimously. (5-0) D. Review, consideration, and possible direction to Staff to award the Water Modernization Water Quality Monitoring Pilot and matters related thereto. FOR POSSIBLE ACTION On April 12, 2024 City Council directed staff to solicit RFQ’s for the Water System Modernization Project. Staff received RFQ’s from five vendors Amcobi, Hydrospecialities, Ferguson, Muller, and Western Nevada Supply for the water quality monitoring. Staff and The Shpigler Group selected four vendors Core and Main, Ferguson, Muller, and Western Nevada Supply to provide product demonstrations and interviews. Staff and The Shpigler Group recommends awarding a pilot test for Water Quality Monitoring to Ferguson Water Works to supply Kupferle equipment for the study. DJ Mr. Johnson said this is another pilot study focused on water quality monitoring. There are three different units included in the proposal. One is a wall mount unit that can be placed at a well house or the booster station for 24-hour monitoring. The second unit taps into a main line and will flush the line as needed. The third unit also taps into a main line but creates its own electricity with a hydroelectric motor. Councilmember Morris said the technology is amazing and he thinks it is going to be a good program. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to award the Water Modernization Water Quality Monitoring Pilot Study to Ferguson Supply. The motion passed unanimously. (5-0) December 10, 2024 City Council | Minutes Page 7 of 15  E. Review, consideration, and possible authorization to solicit bids for the Jennings Way Paving Project 2025 and matters related thereto. FOR POSSIBLE ACTION The proposed project will provide a paved surface, approximately 30 feet in width and approximately 1,350 feet in length, from the end of pavement near Adobe Middle School to the entrance of the Veterans Cemetery. The project will occur during the spring of 2025. PA Paul Algerio, Public Works Director handed out an invitation to bid (found in minutes packet). He said this project is for access to the new VA cemetery. He said some of the wording has changed on the invitation to bid, such as changing the pre-bid meeting from mandatory to recommended. The dates on the invitation to bid were changed from the 10th of December to the 11th, and the publishing date as December 17th. The PWP number is also being added to the bid documents. Mayor Keener said typically the developer of the parcel is responsible for completing all of the public works items such as curb, gutter, sidewalks and streets. However, since the Veterans Administration is considered federal, it will have to be funded by the city. He added we are doing the right thing by moving forward with and supporting this project. He asked if the board members or public had any further comments and received no response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to authorize staff to solicit bids for the Jennings Way Paving Project 2025. The motion passed unanimously. (5-0) IX. UNFINISHED BUSINESS A. Update from the owners, or a representative of, 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park, owned by RCE Development, managed by Four Peaks Capital Partners, LLC on code violations clean-up and matters related thereto. INFORMATION ONLY – NON-ACTION ITEM Katie McConnell, the representative for 440, 446, 449 Grant Avenue, and 535 S. 4th Street, collectively known as Shady Elms Mobile Home Park presented an updated Clean-up Timeline to the City Council on November 26, 2024. The City Council requested progress reports on the clean-up efforts. Katie McConnell, provided an updated spreadsheet viewable in the agenda packet. She stated there has been major progress and demo is 90% done. She reported that Michael Ayala, the owner of the park, met with NV Energy, Southwest Gas and Bench Electric while he was in town. Mr. Ayala met with city staff and neighbors of the park to address some of their concerns and come up with a plan to clean up the park and get it into better shape moving forward. She added there is a plan in place for the future of the park that she will present at the January 14th meeting. December 10, 2024 City Council | Minutes Page 8 of 15 Ralph Negron, Development Manager, confirmed that progress has been made. All of the tires have been removed, as well as vehicles and a jet ski from space 66. The shacks behind space 7 were demolished. He stated he met with one of the people working there today and they were hopeful that the remaining vehicles and refrigerators would be hauled out in the next couple of days. He said Jan Schwantz has been out frequently to conduct demo inspections. Southwest Gas has been out removing meters and making disconnects happen. There are still noxious weeds in the section of units 22 to 29. Units 21, 35, and 36 still need demoed and unit 30 is going to be remodeled. Mayor Keener said he did have a conversation with Mallory Reese earlier that morning. He said she is relieved to see progress and feels they are finally moving forward. He added she will be ecstatic to see the work concluded. He told Ms. McConnell there is a month until the next meeting and looks forward to another positive update. He called for public comment without a response. X. NEW BUSINESS A. Review, consideration, and possible approval of NV Energy E-ELKKO24 Conversion Project 3-2021, without the consideration of conduit and pull wire under Section 11 of the Franchise Agreement dated July 7, 2017 and a portion of the utility constructed overhead from a point of connection in the area of 7th Street between Pine Street and Court Street, continuing to a point of connection on 7th Street between Pine Street and Juniper, and matters related thereto. FOR POSSIBLE ACTION NV Energy is proposing an upgrade to its system converting the Elko 24 circuit to the Adobe 202 circuit. This last phase entails undergrounding the utility from a point of connection in the alley between 7th, 8th, Commercial and Silver Streets to a point of connection on 7th Street between Pine Street and Court Street. The overhead segment will continue to a point of connection at the intersection of the alley and 7th Street between Pine Street and Juniper. Section 11 of the agreement allows for the city to request, at its cost, conduit and pull wire to be installed in conjunction with the project. Staff does not believe conduit should be installed at this time. The agreement does not specifically address the requirement to underground the utility, unless the relocation is requested by the city as provided for under Section 10 of the agreement. NV Energy wishes to confirm that the city does not have an expectation that the utility will be placed underground in its entirety and approves the portion to be placed overhead. SAW Christy Morgan, a representative for NV Energy stated the Elko 24 conversion is the last piece in this project. She noted that a section of this will need to be tied overhead to the Adobe 202 and will require a new pole to be installed on 7th and Pine Street, with another span going over to an existing pole between Pine and Juniper. Mayor Keener asked if the rest of it will be underground. Ms. Morgan replied yes. She said the majority is staying on existing poles, but it’s a way to connect the Elko 24 to the Adobe and eventually get rid of the Elko substation on Silver Street. December 10, 2024 City Council | Minutes Page 9 of 15 Mayor Keener said it will be nice to get that area cleaned up. He asked when they anticipate the work will be done. Ms. Morgan replied the project could begin the end of January or beginning of February. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve NV Energy E-ELKKO24 Conversion Project 3-2021, without the consideration of conduit and pull wire under Section 11 of the Franchise Agreement dated July 7, 2017 and a portion of the utility constructed overhead from a point of connection in Created on 7/21/2021 Council Agenda Action Sheet Page 2 of 2 the area of 7th Street between Pine Street and Court Street, continuing to a point of connection on 7th Street between Pine Street and Juniper. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of a Revision to the Final Map for Cedar Estates Phase 3 to address fence encroachments into the proposed subdivision and matters related thereto. FOR POSSIBLE ACTION The existing residential property fence lines were encroaching onto the Cedar Estates Phase 3 project. This was identified after the final site inspection had been completed by staff. The proposed revision to the final map includes easements to address the fence encroachments into the proposed lots. RN Mr. Negron said over the years some of the neighbors have encroached onto the Cedar Estates properties where they have now built and completed the site. He said it is ready to bring to council, but staff felt it was important to complete this revision and get the easements done to show these encroachments. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve a Revision to the Final Map for Cedar Estates Phase 3 to address fence encroachments into the proposed subdivision. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE A. First Reading of Ordinance No. 895, an ordinance increasing the corporate limits of the City of Elko, Nevada, pursuant to the provisions of N.R.S. 268.670 annexing thereto a certain tract of land partially contiguous to and not embraced within the present limits of the City December 10, 2024 City Council | Minutes Page 10 of 15  of Elko described as follows: A parcel of land located in the Southeast 1/4 of Section 22, T. 34 N., R. 55 E., M.D.B. & M., Elko County, Nevada, consisting of 44.72 acres, more or less, filed by the City of Elko and processed as Annexation No. 1-24, and to direct Staff to set the matter for public hearing, second reading and possible adoption, and matters related thereto. FOR POSSIBLE ACTION City Council accepted the petition for the subject annexation on November 26, 2024, and directed Staff to continue with the annexation process by referring the matter to the Planning Commission. The Planning Commission considered the annexation on December 3, 2024 and took action to forward a recommendation of approval with findings back to the City Council. CL Mr. Wilkinson said annexing the property would allow the city to put a right-of-way and complete the Errecart alignment. Staff recommended setting the matter for public hearing and a second reading. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to conduct First Reading of Ordinance No. 895 and direct Staff to set the matter for public hearing, second Reading, and possible adoption. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of Resolution No. 23-24 A Resolution increasing and fixing the salaries of the Mayor and City Council Members and matters related thereto. FOR POSSIBLE ACTION There has not been an authorized salary increase for the City of Elko Mayor or Council Members since 1991. On November 26, 2024, the City Council accepted a Class Compensation Study performed on the City of Elko which reflected that the salaries for the Mayor and Council Members are below comparable elected officials. Per the Elko City Charter, Article I, Section 1.100 1. (b), The Mayor and the members of the City Council must not be elected or appointed to any office created by or the compensation for which was increased or fixed by the City Council until one (1) year after the expiration for the term for which such person was elected. Consequently, the current Mayor and City Council Members will not receive the proposed increase in salary until one year after re-election. The proposed increases would increase the Mayor salary from $14,460.00 to $20,000.00 and the City Council Members from $9,636.00 to $13,000.00. JB Ms. Baum reported in the class comp study, the market average compensation for the mayor is over $24,000 and over $15,000 for a council member. She said she thinks this is a conservative change and a start in the right direction. She added there was discussion about a more comprehensive compensation package in the future that could possibly mirror the county commission. December 10, 2024 City Council | Minutes Page 11 of 15 Councilmember Simons asked if this could be tied to something else so that the increases are automatic like the judges recently did in legislative session. Ms. Baum responded there has already been discussion about tying it to the county commission salaries, but that would require a change in our code. She added that could ultimately be a better solution. Mayor Keener stated he was the one that asked for this and as he stated in a previous meeting, the low wages are a disincentive. He pointed out that the present value for the amount of $9,636 set in 1991 would be $22,000 and the buying power has diminished by more than half since 1991. He added he will continue to fight to bring that up for the future mayor and council members, as the salaries need to be commensurate with the amount of responsibility and accountability that is expected. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve resolution number 23-24, a resolution increasing and fixing the salaries of the Mayor and City Council Members. The motion passed unanimously. (5-0) At 5:24 PM, Mayor Keener called for a short recess, to reconvene at 5:30 PM for agenda items subject to public hearing. XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing and possible adoption of Ordinance No. 894, an ordinance approving an amendment to the development agreement between the City of Elko, Nevada, a municipal corporation and political subdivision of the State of Nevada (“City”), and Copper Trails LLC, a Nevada limited liability company (“Owner”), specifically to add Phase 3 of the Copper Trails subdivision and decrease the minimum useable floor area from 1,200 square feet to 900 square feet on lots smaller than 4,000 square feet and to direct Staff to set the matter for second reading, public hearing and possible adoption, and matters related thereto. FOR POSSIBLE ACTION Pursuant to N.R.S. 278.0205 and Section 3-2-26(F) of the City Code, Council may amend or cancel binding development agreements by mutual consent of the parties to the agreement or their successors in interest if it finds that the amendment to the agreement is consistent with the Master Plan. The amendment shall be approved by adoption of an ordinance. In this instance, the owner has requested the City amend the approved development agreement and Staff is in agreement. RN December 10, 2024 City Council | Minutes Page 12 of 15 Mr. Negron said staff are requesting approval and are in favor of Ordinance 894 as an amendment to the development standards show in Exhibit D (see agenda packet). He stated it would add a stipulation that decreases the minimum usable floor area from 1200 square feet to 900 square feet. Mayor Keener said he imagines this is in response to market conditions to enable developers to build hopefully less expensive housing. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to conduct Second Reading, public hearing and adopt Ordinance No. 894. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener reported they had a very positive meeting last Thursday with SkyWest. He recognized Jodi Notestine and Mandy Dela Vega for all their hard work towards the Christmas party. He also thanked the directors for pitching in on a raffle item for the party. Councilmember Simons reported there was a recent Arts and Culture Board meeting. They will be moving forward on the Mayor Arts awards, which will happen in the spring. Councilmember Stone reported the Christmas Tree Festival broke another record this year. The machines for the Giving Tree showed up today. He noted the Snowflake Festival is this weekend. Mayor Keener added that 1:00 PM on Friday would be the Battle Born Youth ChalleNGe Academy Graduation and it will be held at the GBC Theatre. At 2:00 PM, the Giving Tree will be kicked off in the Raley’s parking lot. On Friday evening at 6:00 PM, there was a viewing of Despicable Me 4 at the Warren Theatre at the ECVA that is open to the public and free. B. City Manager Ms. Baum thanked Mandy Dela Vega and Jodi Notestine for all their hard work on the holiday party. She said they will be sending out invites for the celebration at the museum for Councilmember Simons. On January 13th at 2:00 PM, there will be an open meeting law and ethics training with Wayne Carlson from POOL/PACT. She wished everyone a Merry Christmas. C. Assistant City Manager Mr. Wilkinson said no report and wished everyone a Merry Christmas. D. Utilities Director No Report. December 10, 2024 City Council | Minutes Page 13 of 15  E. Public Works Mr. Algerio reported that they collected about 4600 bags during leaf collection. He said that number is low compared to the peak 5-6 years ago before COVID. He said with the weather coming in, there will likely be pretreating going on and they'll be out tomorrow to make sure equipment is ready for when the weather hits. F. Airport Manager Mr. Foster reported they had a very productive meeting with SkyWest down in St. George. There was discussion about bringing a midday flight back. He said there are some things we are waiting on before we can buckle down and look and when and where to bring that service back to Elko. Mayor Keener added he thought the meeting was more productive than the last two. He added downsizing from the 75 seat to 50 seat aircraft was the right choice and we need to work hard to continue the momentum with flight growth. He also noted that Elko was at the bottom of the list in terms of flight capacity vs. seats sold, and have now moved to the middle of the pack. G. City Attorney Mayor Keener asked Mr. Stanton if it would be considered stepping on property rights to ensure vacant mobile units were secured within a certain amount of time to keep out squatters and other activity. Mr. Stanton responded he didn’t think so and our current nuisance code covers that to an extent. He said the nuisance code is currently being rewritten, as the old nuisance code doesn’t have quite the teeth it should. H. Fire Chief Fire Chief James Johnston reported he had a PSA to make about fire hazards. He said last year it was space heaters and this year it’s cars being plugged into power strips causing fires. Anyone plugging in their cars, especially diesel trucks and people that have trickle chargers, do not use a power strip. He reported 12 city employees participated in CPR classes conducted by his staff. He thanked Ms. Baum, Ms. Davis, and Ms. Shurtz for the amazing amount of work and effort they put into negotiations over the past year and added it was great to be a part of that process. I. Police Chief No Report. J. City Clerk No Report. December 10, 2024 City Council | Minutes Page 14 of 15  K. City Planner No Report. L. Development Manager No Report. M. Financial Services Director No Report. N. Parks and Recreation Director James Wiley, Parks and Recreation Director reported they are a little behind on the Sports Complex project due to weather and supply issues. The net project at the golf course is almost complete, the pool is scheduled to reopen on January 13th, and some snow is needed in order to open up Snobowl. O. Civil Engineer No Report. P. Building Official No Report. XIV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN Mayor Keener called for public comment without a response. There being no further business, Mayor Reece Keener adjourned the meeting at 5:54 PM. Mayor Reece Keener Annette Robinson, City Clerk December 10, 2024 City Council | Minutes Page 15 of 15