Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS May 13, 2025 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, May 13, 2025. 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 Clair Morris, Councilman Giovanni Puccinelli, Councilman Marissa Lostra, Councilwoman Absent: Chip Stone, 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 Paul Algerio, Public Works Jim Foster, Airport Manager James Johnston, Fire Chief Lieutenant Shane Daz Cathy Laughlin, City Planner Joel Finley, Deputy Fire Chief Julie Davis, Financial Services Director Candi Quilici, Accounting Manager James Wiley, Parks and Recreation Director Jeff Ford, Building Official Susie Shurtz, Human Resources Manager Annette Robinson, City Clerk Nichole Stephens, City Clerk Technician II Kurstin Sirotek, Environmental Coordinator Alyssa Mangum, Animal Shelter Manager Sarah Schick, Civil Engineer Shane Fertig, Landfill Superintendent May 13, 2025 City Council | Minutes Page 1 of 16 III. PLEDGE OF ALLEGIANCE 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 Mayor Reece Keener announced there was a Jazz Fest happening that evening at 7 p.m. and encouraged everyone to attend. He added there would be a Beats and Bites event at the college on the evening of May 22nd. V. CONSENT AGENDA A. Approval of Minutes for the April 22, 2025, Regular Session. FOR POSSIBLE ACTION ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Morris to approve the consent agenda. The motion passed unanimously. (4-0) VI. PRESENTATION A. Reading of a proclamation by the Mayor in appreciation of the VFW and Battle Born Youth ChalleNGe Academy for cleaning up the E, and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM. Mayor Keener read a proclamation recognizing the Veterans of Foreign War (VFW) and their efforts to clean up the E. A copy of the proclamation can be found in the minutes packet. Jim Sutherland was present to receive the proclamation on behalf of the VFW. Mr. Sutherland said they could not have done it without the kids from the Battle Born. B. Update on the Recreation Center from Rusty Bahr at the Boys & Girls Club of Elko, and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM Once the Recreation Center is complete and open, the City of Elko Swimming Pool will close. An update on the Recreation Center construction and possible opening date is necessary so the City of Elko can budget for the upcoming year swimming pool operations and determine a date to close the current facility. JB Rusty Bahr with the Boys and Girls Clubs of Northeastern Nevada was present to give an update on the Recreation Center’s progress. He said the permitting process took longer than expected. It was looking like they would be done at the end of the year if they didn’t see any delays, and would be able to open up the first Monday in January. He said they had been developing their agreement with the May 13, 2025 City Council | Minutes Page 2 of 16 swim team, and there was a concern about a lapse of time the youth can swim if the city pool were to shut down before the Recreation Center can open. He added they have been working with a new entity and they will be able to open with geothermal available. He added he did not foresee any delays now that the building had been delivered. Erin Paris, Head Coach of the Elko Swim Team, said she was there with a few of the swimmers to express their appreciation to the city and staff for keeping them informed during the process. She said swimming is a year round sport, and asked that the city push the closing of the pool to the very last second in order for the swimmers of every age to be able to continue developing their skills. VII. PERSONNEL A. Employee Introductions: 1. Sarah Schick - Civil Engineer, Engineering Dept. 2. Ray Lara - Firefighter, Fire Department 3. Peter Swedberg - Computer Information System Coordinator Ms. Baum introduced Sarah Schick, the city’s new Civil Engineer. She said she was working on her PE and they were excited to have her. Sarah Schick said she had a little over 11 years of geotechnical experience, much of which was in underground mining. She said her and her family had recently relocated from Utah and she was happy to be back in Elko raising her three children with her husband. She thanked the city for the opportunity and said she was excited to support the continued growth. Joel Finley, Deputy Fire Chief, introduced Ray Lara. He said Mr. Lara had joined the volunteers about a year ago before a full-time spot opened up. He added they were lucky to have him; he was a hard worker with a good head on his shoulders. Ray Lara said he grew up in Elko and joined the military after high school. After four years, he got out and decided to pursue becoming a firefighter. Julie Davis, Financial Services Director introduced Peter Swedberg to the city IT team. Peter Swedberg said he had almost 25 years of experience in the IT field in both the private and public sectors. He had previously worked for MGM Resorts, the EPA and USDA. He added he loves the City of Elko and he was very thankful to be able to continue his public service at the city and was happy to be here. VI. PRESENTATION (Cont'd) A. Reading of a proclamation by the Mayor in appreciation of the VFW and Battle Born Youth ChalleNGe Academy for cleaning up the E, and matters related thereto. INFORMATION ONLY, NON-ACTION ITEM. May 13, 2025 City Council | Minutes Page 3 of 16 Damien Williamson, Commandant of the Battle Born Youth ChalleNGe Academy (BBYCA) brought the public company commander and members from the drill team to accept the mayoral proclamation. The cadets introduced themselves, explained why they were enrolled in the academy, and what their future goals were. The cadets were grateful for the structure the BBYCA had provided them and the opportunities to catch up on their academics with significant improvements to their GPAs compared to their previous schools. Mayor Keener commended them on volunteering to help clean up the E, as it was a great way to serve the community. He read the proclamation recognizing the Battle Born Youth ChalleNGe Academy and their efforts to clean up the E. A copy of the proclamation can be found in the minutes packet. C. Presentation from the Flight Alliance of Northeastern Nevada (FANN) on the Minimum Revenue Guarantee (MRG) for the return overnight flight and possible approval for the City of Elko's continued membership in the organization, and matters related thereto. FOR POSSIBLE ACTION FANN is a non-profit organization formed to bring together private and public entities within the Elko Regional Airport catchment area to maintain and expand EKO commercial flight service. The City is a member of the organization. FANN is requesting the city maintain membership in the organization, matching the Elko County membership of $500,000 per year. The City of Elko committed 1.25 percent of the 15 percent transient lodging tax to support airport alliance. Last year the city budgeted $125,000 in addition to the transient lodging tax to ensure a membership of $500,000 is achieved. FANN is requesting the same membership level in fiscal year 2026. JB Ms. Baum stated FAAN was a public-private partnership made up of members in the community that were vested in maintaining and expanding commercial air service. The MRG amount in 2024 was approximately $1,055,000. Members included Elko County, who committed $500,000, Lander County who committed $250,000, and the City of Elko and two small private organizations. She said as an organization, they had been making presentations to private industry in the community to continue to expand membership and she believed the MRG would continue to decrease each year. She asked that the city continue its membership of $500,000. Mayor Keener told Ms. Baum she had done a terrific job of leading the Flight Alliance of Northeastern Nevada and thanked her for her continued efforts. He said he fully supported the mission and financial support extended from the city and felt it was essential to continue to do so. He noted without commercial flight service, the city would no longer qualify for the FAA grants to help maintain the infrastructure; it could literally bankrupt the city. Councilmember Clair Morris said they need the commercial airline service in Elko and need to keep it going. Councilmember Marissa Lostra agreed they needed to encourage flight service in Elko; it was a huge benefit for those who travel for business and recreation. May 13, 2025 City Council | Minutes Page 4 of 16 Councilmember Giovanni Puccinelli agreed with his fellow councilmembers. He added he would like to see more private involvement as well. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Lostra to accept the City of Elko maintaining their membership in the FAAN orginization, matching the counties membership of $500,000 a year. The motion passed unanimously. (4-0) D. Presentation, discussion and possible action on items related to the 2026 Fiscal Year Budget and matters related thereto. FOR POSSIBLE ACTION. The final budget is due to the Nevada Department of Taxation by May 30, 2025 and will be presented to The City Council on May 27, 2025. Staff is seeking direction from The City Council on several budget items needed to complete the final budget. JD Ms. Davis gave a presentation found in the agenda packet on topics that needed City Council direction before finalizing the 2026 Fiscal Year Budget. Any changes would be placed into the final proposed budget that would be presented to council at the May 27th meeting. Ms. Baum said based on the presentation, she would plan to get together with Mr. Wiley and Ms. Johnson and bring the council a close plan for the pool. Mayor Keener asked if the numbers in slide 2 represented the 2.5% CPI. Ms. Davis responded yes. Mayor Keener said he was in support of the 2.5% increase. Councilmember Puccinelli stated he thought the 2.5% was fair. Councilmember Marissa Lostra asked about the patrol officer positions that would be offset, and if they were currently staffed positions. Ms. Baum responded the positions had been added in 2021 and had never been filled. Councilmember Lostra asked about the total cost savings from the Enterprise buyout. Ms. Davis responded it would be a net of $50,000. Mayor Keener added it was important to extricate ourselves from Enterprise. He said it had been a hassle for Ms. Davis’ team dealing with the amortization schedules on a monthly basis. The city had paid for management but was not getting it. He added he asked for a special agenda item to indicate the city is terminating the program. May 13, 2025 City Council | Minutes Page 5 of 16 Ms. Davis added the $50,000 was interest only. It didn’t count the saved cost on fleet department and decommission before sending them back to Enterprise for sale. Mayor Keener asked if anyone had any concerns with the community service organization donations. He added going forward, if any of the organizations wanted funding they would have to be proactive and produce a letter to the city, but he did feel the recipients are worthy of support. In regards to the fire engine, he felt that wasn’t an option; it was essential to have reliable equipment. Councilmember Morris said the best part was the Fire Chief came to the council with a good plan to budget to buy the engine over three years so they wouldn’t be hit all at once with a million dollars. Mayor Keener said he was in support of deferring the police annex building and adding the animal shelter design while continuing to build a fund balance for a new City Hall or police annex building. Councilmember Morris said it was important to get started with the animal shelter design, then see how it can be paid for later on. Councilmember Lostra agreed they need to at least start with the design and gathering preliminary numbers. Mayor Keener asked if the $220,000 for health insurance was for the HSA. Ms. Baum said there was a healthy ending fund balance that would cover about two years of health and maximum claims; they were in good shape. Mayor Keener called for public comment on all budget related matters and did not receive a response. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Lostra to accept the COLA at 2.5% for non-represented employees, accept the new Streets and Public Works Assistant Superintendent position, increase one grade for Landfill and Street Superintendents, accept the Police Captain position, accept all community donations that are listed as is, purchase the new fire engine with a three-year build time and annual payments to have it fully paid by build completion, buyout the Enterprise lease for $463,000, defer the police annex and add the animal shelter design, and continue to build the ending fund balance to fund a new City Hall and/or police annex, maintain the current HSA and HRA contributions and dependent subsidy, and accept the tentative closing date for the pool as December 31st. The motion passed unanimously. (4-0) VII. PERSONNEL (Cont'd) B. Review, consideration, and possible authorization to designate Brandy Holbrook to the panel of Municipal Judges Pro Tempore and remove Michelle Rodriguez from the panel, pursuant to NRS 5.023(1)(c) and (a) and matters related thereto. FOR POSSIBLE ACTION. May 13, 2025 City Council | Minutes Page 6 of 16  NRS 5.023(1) prescribes the qualifications for persons selected by a City Council to serve as Municipal Judges Pro Tempore. At Present, the following persons have been selected by the Elko City Council to serve in the Elko Municipal Court: Pursuant to Paragraph C (Justices of the Peace): Bryan Drake, Elko Township Justice of the Peace, Department B Kenneth Calton, Wells Township Justice of the Peace Kenneth Quirk, Eastline Township Justice of the Peace Pursuant to Paragraph A (Members of the State Bar of Nevada): David Lockie, Bar #2384 Michelle Rodriguez, Bar #6474 A letter from Randall Soderquist, Elko Township Justice of the Peace is attached. JB Ms. Baum stated Judge Soderquist was present and available if anyone had any questions. Mayor Keener asked Judge Soderquist why his name was not on the list. Judge Soderquist responded he is the Municipal Court Judge. Everyone on the list serve as pro tempores. He added this was specifically to add Judge Holbrook to the list. She had recently been elected in Carlin and this was general practice so that they may rotate and help out where necessary. Mayor Keener asked Judge Soderquist to describe some the activities conducted in municipal court, and what percentage of his time did he estimate was spent carrying out those duties. Judge Soderquist explained municipal court has jurisdiction over any Elko City Code violations and a limited type of civil cases pertaining to certain types of traffic violations. He estimated between 10 to 20 percent of his time, though it varied year to year based on the agreement in place with Elko County. ** A motion was made by Councilmember Morris, seconded by Councilmember Lostra to approve Brandy Holbrook to the panel of Municipal Judge Pro Tempore, and remove Michelle Rodriguez from the panel pursuant to NRS 5.02(1)(c) and (a). The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of an updated position description for Police Chief, and matters related thereto. FOR POSSIBLE ACTION The Police Chief position description was previously updated as part of the Compensation & Classification Study. Pursuant to NRS 289.550, a person upon whom some or all of the powers of a peace officer are conferred, including a Police Chief, must be certified by the POST Commission within 1 year after the date on which the person commences employment as a peace officer. We have updated the required certificates section of the position description to align with NRS requirements. SS May 13, 2025 City Council | Minutes Page 7 of 16 Susie Shurtz, Human Resources Manager, stated there was a piece that had been missed when the position was originally approved in February. She said the change was considered significant enough that it would limit their ability to recruit for the position by requiring a Nevada driver’s license be required prior to hire. In order to be consistent with other position descriptions, they had changed it to allow a year for them to obtain that. ** A motion was made by Councilmember Lostra, seconded by Councilmember Puccinelli to approve the revised Police Chief position description as presented. The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of an updated position description for Police Captain, and matters related thereto. FOR POSSIBLE ACTION The Police Captain position description has been updated with revisions to accurately reflect the duties and requirements of the position. SS Ms. Shurtz stated the position was not part of the class comp study, but since they were looking at potentially filling the position, it needed to be updated to match the format. It had been worked on by staff with input from the chief and lieutenants to make sure they had accurate requirements and functions for the position. ** A motion was made by Councilmember Lostra, seconded by Councilmember Morris to approve the revised Police Captain position description as presented. The motion passed unanimously. (4-0) VIII. APPROPRIATION A. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE ACTION Councilmember Puccinelli disclosed that while he works for Western Nevada Supply, he does not have any owners or pecuniary interest at all. He noted there were some payables to Western Nevada Supply for water meter supplies under regular warrants. Mayor Keener did not feel that should preclude Councilmember Puccinelli from participating in the vote. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Lostra to approve regular warrants in the amount of $ 2,536,533.54. The motion passed unanimously. (4-0) ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Lostra to approve hand cut checks in the amount of $439,608.91. The motion passed unanimously. (4-0) May 13, 2025 City Council | Minutes Page 8 of 16  B. Review, consideration, and possible approval for the Elko Police Department to apply for a grant through The William N. Pennington Foundation, in the amount of five hundred thousand dollars ($500,000), to assist with the cost of a new robot for the Elko Regional Bomb Squad, and matters related thereto. FOR POSSIBLE ACTION TT Lieutenant Shane Daz stated the city runs the bomb squad that covers five counties in the northeastern part of the state. He said one of the holes in their squad are the two robots. One is non-operational due to radio issues, and the other has been temporarily pieced together to keep their bomb squad accreditation through the FBI. The potential grant funds would go towards purchasing a brand new and more reliable robot for the bomb squad. ** A motion was made by Councilmember Morris, seconded by Councilmember Lostra to approve the Elko Police Department's request to apply for a grant through the William N. Pennington Foundation in the amount of $500,000 to assist with the cost of a new robot for the Elko Regional Bomb Squad. The motion passed unanimously. (4-0) IX. UNFINISHED BUSINESS A. Review, consideration, and possible acceptance of a GRANT AWARD AND AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TRANSPORTATION AND THE CITY OF ELKO ACTING FOR THE COMMUNITY OF ELKO, NV, UNDER THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM ALN/CFDA: 20.930 FAIN: 69A34523400120015 DOCKET #: DOT-OST-2024-0066 and matters related thereto. FOR POSSIBLE ACTION Staff applied for the Small Community Air Service Development program in July 2024. In November 2025, staff was notified that the grant proposal was awarded for a Revenue Guarantee and associated marketing program to recruit, initiate and support the restoration of a second daily flight on Delta Air Lines between Elko Regional Airport (EKO) and Salt Lake City International Airport (SLC). On April 4, 2025, staff received the grant agreement and has reviewed the document. JF Jim Foster, Airport Manager prefaced by saying when they had originally received the grant award and had it reviewed, there had been some issues with the grant. They had asked for an extension on the original grant in order to get some questions answered on their behalf, but it got to a point where the grant had to be accepted, and this item was the acceptance of the reworded grant offer that was given to the City of Elko. Dave Stanton, City Attorney, stated it was not perfect, but they had needed to move on it or they were not going to get the grant. He added that he confident enough in what was in the agreement to sign the certification. Mayor Keener called for public comment on the item and did not receive a response. May 13, 2025 City Council | Minutes Page 9 of 16 ** A motion was made by Councilmember Lostra, seconded by Councilmember Morris to approve the grant award and agreement between the U.S. Department of Transportation and the City of Elko acting for the community of Elko, Nevada under the Small Community Air Service Development Program. The motion passed unanimously. (4-0) B. Review, consideration and possible ratification of the City Manager signing the Grant Award and Agreement between the U.S. Department of Transportation and the City of Elko Acting for the Community of Elko, NV, Under the Small Community Air Service Development (SCASD) Program ALN/CFDA: 20.930 FAIN: 69A34523400120015 DOCKET #: DOT-OST-2024-0066 on April 29, 2025 on behalf of the City of Elko and matters related thereto. FOR POSSIBLE ACTION The U.S. DOT requested the SCASD Grant award be accepted and signed no later than April 29, 2025. The City Manager signed the acceptance on behalf of the city in order to comply with the request. If the City Council accepts the grant award, ratification of the signing of the grant acceptance is requested. JB Ms. Baum stated the grant had to be signed by a certain date, so she had signed it on April 29th on behalf of the city. She asked the council to ratify her signature if they were in favor of that. Mayor Keener said he was in favor as it was needed to comply with the terms and conditions of the grant. ** A motion was made by Councilmember Lostra, seconded by Councilmember Puccinelli to accept the grant award and ratification of Jan Baum's signature for the grant acceptance. The motion passed unanimously. (4-0) X. NEW BUSINESS A. Review, consideration, and possible approval of a Deed of Dedication for Right-of-Way and Slope Easements, for the westerly portion of Errecart Boulevard, and matters related thereto. FOR POSSIBLE ACTION This dedication of Errecart Boulevard right-of-way is the last section of right-of-way needed to connect Errecart Boulevard from Lamoille Highway to Bullion Road. CL Cathy Laughlin, City Planner said this was the final dedication that would connect Errecart from Bullion Road to Lamoille Highway and everything would be in place to construct it when they had the funding for it. May 13, 2025 City Council | Minutes Page 10 of 16 ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Lostra to accept the dedication for right-of-way and slope easements for the continuation of Errecart Boulevard. The motion passed unanimously. (4-0) B. Review, consideration, and possible acceptance of a Grant of Utility and Drainage Easement for stormwater utilities, APN 001-577-RLA, and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Bergeron Village Phase 3, the City of Elko has requested that a public utility and drainage easement be granted between Windsor Avenue and Jennings Way. RN Ms. Laughlin said this was part of the Bergeron Village Phase 3 subdivision. There was a need to get some storm drainage out of the area and the easement would handle that. She did note that the grant of easement is from BELDCO, LLC and on the signature line above Douglas G. Bergeron said DGB Investments. She believed that would need to be corrected. Scott MacRitchie, 1947 Amber Way, stated they owned both companies and it would be a matter of creating a new document and they would get it signed. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Morris to accept the Grant of Easement for public utilities as presented, with the corrections being made to the grantor's information. The motion passed unanimously. (4-0) C. Review, consideration, and possible acceptance of a Grant of Temporary Emergency Access Easement, APN 001-562-013, between Windsor Avenue and Jennings Way and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Bergeron Village Phase 3, the City of Elko has requested that a temporary emergency access easement be granted between Windsor Avenue and Jennings Way and the City of Elko. RN Ms. Laughlin explained that the fire code they had adopted required secondary access when a subdivision exceeded 30 single-family dwellings. As Bergeron Village continues on, they will have another access point out to East Jennings and the temporary easement will go away. ** A motion was made by Councilmember Morris, seconded by Councilmember Lostra to accept the grant of temporary access easement as presented. The motion passed unanimously. (4-0) May 13, 2025 City Council | Minutes Page 11 of 16  D. Review, consideration, and possible acceptance of a Grant of Temporary Emergency Access Easement, APN 001-577-RLB, between Windsor Avenue and Jennings and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Bergeron Village Phase 3, the City of Elko has requested that a temporary access easement be granted between Windsor Avenue and Jennings Way. RN Ms. Laughlin said this was an additional leg of the same access easement. It had to be presented as two separate documents to reflect the two different properties. She told council they had just approved the small section that tied into East Jennings; this section would tie into Windsor. She noted the grantor signature line was incorrect and needed to say BELDCO, LLC. ** A motion was made by Councilmember Lostra, seconded by Councilmember Puccinelli to accept the grant of temporary access easements as presented with the amendment of the grantor's name. The motion passed unanimously. (4-0) E. Review, consideration, and possible approval of a Performance Agreement for Bergeron Village Phase 3 by the applicant DGB Investment, Inc. and matters related thereto. FOR POSSIBLE ACTION As part of the approval of Bergeron Village Phase 3, a performance agreement will need to be filed with the City of Elko within 30 days of City Council acceptance. RN Ms. Laughlin stated that on the agenda that evening was the final map acceptance for Bergeron Village Phase 3, and this was the performance agreement that went with it. She added Mr. MacRitchie as the director of the development had already signed the agreement. ** A motion was made by Councilmember Lostra, seconded by Councilmember Morris to approve the Bergeron Village Phase 3 Performance Agreement. The motion passed unanimously. (4-0) F. Review, consideration and possible approval of a lease agreement between the City of Elko and Sky Vault LLC, a Nevada limited-liability company, for Hanger M5 and matters related thereto. FOR POSSIBLE ACTION Sky Vault LLC approached the City of Elko regarding the hangar known as M5, which is owned by the airport. They expressed interest in securing a long-term lease. As part of the proposal, Sky Vault LLC will cover the cost of replacing the damaged hangar door, along with other tenant improvements. JF Mr. Foster reminded council the hangar had been purchased from American MedFlight a few years ago and had a damaged door. Sky Vault LLC had approached them requesting that the new lease May 13, 2025 City Council | Minutes Page 12 of 16 reflected the substantial investment that would need to be made to restore the hangar door, an estimated $70,000 restoration cost. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Morris to approve the Hangar M5 lease agreement between the City of Elko and Sky Vault LLC. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE A. First Reading of Ordinance 899 amending Title 8 Chapter 2 of Elko City Code entitled “Utility Occupancy of Public Rights-of-Way or Public Easements, Smart Dig Requirements, and City Excavation Permits” hereby adding a section for Video Service Providers and amending Sections 8-2-1, 8-2-2, 8-2-3, 8-2-3-1, 8-2-4, 8-2-5, 8-2-8, 8-2-9, 8- 2-10, 8-2-11, 8-2-12, 8-2-13, 8-2-14, 8-2-15 and 8-2-16 by repeal and replacing Section 2 entirely, and matters related thereto. FOR POSSIBLE ACTION The proposed ordinance amends and clarifies several provisions of the current chapter, allow for the management of occupancy of city rights-of-ways and/or easements by video service providers, and provides a mechanism to collect allowable fees in accordance with NRS 711. SAW Ms. Laughlin said Mr. Wilkinson and Mr. Stanton had worked many months on the agenda item. With so many revisions made, it was easier to do a full repeal and replace. She said to summarize, video service providers had been added to help with clarification on questions driven by different video service providers regarding franchise agreements, license agreements, franchise fees, and other topics of that nature. ** A motion was made by Councilmember Morris, seconded by Councilmember Puccinelli to conduct first reading of Ordinance 899 and set the matter for second reading. The motion passed unanimously. (4-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 48-day Temporary Packaged Liquor License and issue a regular Packaged Liquor License, to Kurt McDowell and Yahaira Wagner, DBA Our Store located 1015 5th Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION (TT) Lieutenant Daz stated the chief had not advised him of any objection to the matter. Mayor Keener invited Yahaira Wagner up to the dais to introduce herself. He asked if the store had recently changed ownership. Yahaira Wagner, 1015 5th St, confirmed ownership had changed two months ago. May 13, 2025 City Council | Minutes Page 13 of 16 Mayor Keener asked if her name would be on the liquor license and if she had been in a retail environment before where she had held a liquor license. Ms. Wagner responded yes, her name would be on the license. She said she currently holds a liquor license in Carson City, there is another one in process in Carson City, and she would soon have one in Tonopah as well. Mayor Keener called for public comment and did not receive a response. ** A motion was made by Councilmember Lostra, seconded by Councilmember Morris to ratify the Police Chief issuing a 48-day temporary package liquor license and issue a regular package liquor license to Kurt McDowell and Yahaira Wagner, doing business as Our Store located at 1015 5th Street in Elko, Nevada, 89801. The motion passed unanimously. (4-0) XIII. SUBDIVISION A. Review, consideration and possible approval of Final Map No. 1-25, filed by DGB Investment, Inc for the development of a subdivision entitled Bergeron Village Phase 3 involving the proposed division of approximately 81.970 acres of property into 25 lots for residential development and 1 remainder lot within the R (Single Family and Multiple Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located east of the Jennings Way. RN Ms. Laughlin said the Planning Commission had heard the item at their May 6th meeting and did recommend conditional approval on the subdivision. She stated they had 11 findings and multiple conditions, some of which had already been met and could be found in the staff report. She added Mr. MacRitchie was doing a phenomenal product up there and they wish him the best of luck in continuing the subdivision. Mayor Keener commented he had been up there a couple weekends ago and the view was great from up there and it was a nice area. He looked forward to seeing it start to go vertical. Scott MacRitchie, 1947 Amber Way, said this was their third phase in a very short time period and it was going very well. They were already looking through phases five through nine and outwards of phase 20. ** A motion was made by Councilmember Puccinelli, seconded by Councilmember Lostra to approve the final Map No. 1-25 filed by DGB Investments Incorporated for the development of a subdivision entitled Bergeron Villages Phase 3 based on facts and findings and conditions as presented in staff report dated March 27th, 2025 and recommended by the Planning Commission. The motion passed unanimously. (4-0) May 13, 2025 City Council | Minutes Page 14 of 16 XIV. REPORTS A. Mayor and City Council Mayor Keener reported it was great to see the kids here from BBYCA, it was a terrific program out there. He had the opportunity to participate with his Rotary Group in Clean Up Green Up at Johnny Appleseed Park and the event seemed well attended. He said he would be speaking at the Elko County Association of Realtors in the coming week and would be reaching out to staff for some questions he might have. He said to Mr. Stanton he would be happy to know that the Ville is on the Elko County Assessor’s three-year delinquent list. He added Jazz Fest started at 7 p.m. that evening and encouraged everyone to attend. B. City Manager Ms. Baum reported AB81, the Daylight Savings Bill, had still not been heard by committee, which was a good thing. She announced they had finished with recruitment for the Assistant City Manager position and Dale Johnson was selected for the position. His position as Utility Director was now posted on the website. C. Assistant City Manager D. Utilities Director Jim Kerr, Water Superintendent, reported they were continuing to install meters near the school off of Argent Avenue. Once that area is completed, they will be moving northwest to install meters in that area. E. Public Works F. Airport Manager Mr. Foster reported they were in day 44 of 84 on the terminal ramp reconstruction project and phase one was complete. He said there would be a change order for a reduction coming back to council soon. He said they had an FAA inspection last week and overall he was pleased with the outcome. G. City Attorney H. Fire Chief I. Police Chief J. City Clerk Annette Robinson, City Clerk, mentioned that if AB81 is not heard by Friday, it will die. She reported the Shilo Inn’s water bill was delinquent and they were scheduled to have their water shut off tomorrow. She said they had until Thursday to get their April room tax paid and had promised they would pay January’s this month as well. She added if they did not receive payment by Thursday, she May 13, 2025 City Council | Minutes Page 15 of 16  would be reaching out the Michael Hanley, Deputy City Attorney, to start the process of revoking their business license and bring it back to council at the next meeting. K. City Planner L. Development Manager Kurstin Sirotek, Environmental Coordinator, reported the final numbers for the Clean Up Green Up event. She said they had 814 volunteers and collected 162.22 tons of waste. She thanked everyone for their participation. Ms. Baum added Ms. Sirotek had worked very hard and done an amazing job on the event. M. Financial Services Director N. Parks and Recreation Director James Wiley, Parks and Recreation Director, reported they finished pouring the concrete at the sports complex a few weeks ago; there were a few items remaining outside of concrete work they were still trying to get wrapped up. He said they were able to plant seven trees during Clean Up Green Up. Mayor Keener asked if there was a plan to replenish the wood chips at Johnny Appleseed. He said it was looking pretty worn out. Mr. Wiley responded they usually get a load every year and top off all of the playgrounds. He would check and see when it was coming. O. Civil Engineer P. Building Official XV. 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 and did not receive a response There being no further business, Mayor Reece Keener adjourned the meeting at 6:25. Mayor Reece Keener Annette Robinson, City Clerk May 13, 2025 City Council | Minutes Page 16 of 16