Regular Meeting

CITY OF ELKO CITY MANAGER 1751 COLLEGE AVENUE ELKO, NEVADA 89801 (775) 777-7110/FAX (775) 777-7119 PUBLIC MEETING NOTICE The Elko City Council will meet in regular session on Tuesday, October 8, 2024 at 4:00., P.M. in the Council Chambers at Elko City Hall, 1751 College Avenue, Elko, Nevada. The public can view the virtual meeting on a computer, laptop, tablet or smart phone at: https://ob.elkocitynv.gov/onbaseagendaonline or https://meet.goto.com/413671181. You can also dial in using your phone: +1 (571) 317-3112 Access Code: 413-671-181. Attached with this notice is the agenda for said meeting of the Council. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocitynv.com, the State of Nevada’s Public Notice Website at https://notice.nv.gov, and in the following locations: ELKO CITY HALL 1751 College Avenue, Elko, NV 89801 Date/time Posted: 9:00 A.M., P.D.T. Thursday, October 3, 2024 Posted by: Jodi Notestine, Administrative Assistant The public may contact Jodi Notestine by phone at (775) 777-0560 or email at jnotestine@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available on the City website at http://www.elkocity.com. Dated this 3rd day of October, 2024. NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the City of Elko, City Manager's Office, 1751 College A venue, Elko, Nevada, 89801, or By Calling (775) 777-7110 Jan Baum, City Manager Elko, Nevada October 8, 2024 Elko City Council Page 1  CITY OF ELKO REGULAR MEETING CITY COUNCIL MEETING TUESDAY OCTOBER 8, 2024, 4:00 P.M., P.D.T. ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLEGE AVENUE, ELKO, NV 89801 https://ob.elkocitynv.gov/onbaseagendaonline https://meet.goto.com/413671181 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 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 V. CONSENT AGENDA A. Approval of Minutes for the September 24, 2024, Regular Session VI. PERSONNEL A. Review, consideration, and possible approval of an Agreement between the City of Elko, and the International Union of Operating Engineers, Local 3, July 1, 2024 – June 30, 2027, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has concluded negotiations with the International Union of Operating Engineers, Local 3, for FY 2024/2027. A red lined copy of the proposed Collective Bargaining Agreement has been included in the agenda packet for review. SS Note: This portion of the meeting may be closed pursuant to NRS 288, therefore the Council may move to adjourn the meeting prior to consideration of this item. October 8, 2024 Elko City Council Agenda Page 2 of 7  VII. APPROPRIATION A. Review and possible approval and/or ratification of warrants, and matters related thereto. FOR POSSIBLE ACTION VIII. 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 a Clean-up Timeline to the City Council on September 10, 2024. The City Council requested progress reports on the clean-up efforts. JB IX. NEW BUSINESS A. Review, consideration and possible approval of Revocable Permit 2-24, filed by Legion Construction and Development LLC., to occupy +/- 70 sq. ft. of North Fifth Street right-of way adjacent to their parcel located at 3042 North Fifth Street, to accommodate a monument sign, and matters related thereto. FOR POSSIBLE ACTION Legion Construction and Development installed a sign for the Jarbidge Estates without obtaining the necessary permit. Upon notification of this requirement, it was found that the sign was partially installed within the City of Elko’s right-of-way and therefore they are requesting the revocable permit to occupy the right-of-way. CL B. Review, consideration, and possible approval of a contract of purchase and sale of public property for construction and operation of an Event Center along with the associated quitclaim deed, from the City of Elko to the Boys & Girls Clubs of Elko, Inc. for the purchase of APN 001-860-106, and matters related thereto. FOR POSSIBLE ACTION City Council took action at their June 11, 2024 meeting to reserve a parcel of land for possible conveyance to the Boys and Girls Club of Elko. On August 13, 2024, City Council took action to initiate the conveyance of the City owned parcel. With the approval of this agreement and deed, the next step would be to open escrow to complete the sale. CL C. Review, consideration, and possible authorization for Staff to submit an application for the Energy Efficiency and Conservation Block Grant (EECBG) Program, and matters related thereto. FOR POSSIBLE ACTION The US Department of Energy funds an Energy Efficiency and Conservation Block Grant (EECBG) Program. In this formula grant, the City of Elko has been allocated up to $75,750 that can be used for various energy efficiency upgrades. Grant applications are due October 31, 2024. JD October 8, 2024 Elko City Council Agenda Page 3 of 7  D. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Legion Construction LLC, of Mustang Ridge subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Legion Construction LLC (the Developer), entered into an Agreement to Install Improvements (Performance Agreement) for the Mustang Ridge Subdivision on November 22, 2022. The Performance Agreement is set to expire on November 22, 2024. The Developer has determined that it will not be able complete the subdivision improvements before this expiration date due to regulatory delays beyond its control and has requested a one-year extension. Section 1(F) of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the Developer has satisfactorily performed its duties under the Performance Agreement to date, 2) the Developer has diligently and in good faith attempted to complete the work, but has been unable to do so due to events beyond the Developer’s control, and 3) the Maintenance Guarantee has been provided to the City. RN E. Review, consideration, and possible authorization for Staff to solicit a Request for Qualifications for Elko City Hall Architectural Services, and matters related thereto. FOR POSSIBLE ACTION The City of Elko needs to retain architectural services for the Elko City Hall Project. The Elko City Hall Project design was included in the FY25 budget. A draft copy of the RFQ has been enclosed in the agenda packet for review. Staff anticipates a recommendation to City Council on January 28, 2024. Once selected, Staff will negotiate a professional services contract for approval. JB F. Review, consideration, and possible approval of paying the final $5,000 of the $10,000 donation to the Elko Arts Foundation to support the downtown murals, and matters related thereto. FOR POSSIBLE ACTION On May 14, 2024 the City Council heard a request from the Elko Arts Foundation for a $10,000 donation to support new downtown murals. The City Council approved to give the Elko Arts Foundation $5,000 to rehab the current murals with an agreement that after the rehab is finished and the funds are spent then the second $5,000 will be issued. The Elko Arts Foundation spent $500 to rehab the current downtown murals and has plans for future rehabilitation in the amount of $4,200 which is dependent on the artist coming to town and repairs to a building. The organization is requesting the final $5,000 earmarked for new murals. JB X. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 106-day Temporary Retail Wine and/or Beer License and issue a regular Retail Wine and/or Beer License, to Michelle Leedy, DBA Towne Place Suites by Marriott, located at 2625 E Jennings Way, Elko, NV 89801 and matters related thereto. FOR POSSIBLE ACTION October 8, 2024 Elko City Council Agenda Page 4 of 7  XI. 5:30 P.M. PUBLIC HEARING A. Review, discussion, and possible action to revoke, temporarily suspend or place on probation, with or without conditions, the brothel license issued to Sue’s Fantasy Club and matters related thereto. FOR POSSIBLE ACTION On September 10, 2024, Elko police officers observed a 7-month old child on the premises of Sue’s Fantasy Club, a licensed brothel located at 175 South 3rd Street. A bartender and maintenance worker at the brothel are believed to be the mother and father, respectively. Further investigation revealed the presence of a stroller and other items associated with the child in back rooms at the brothel. Elko City Code Section 4-9-15(A) provides as follows: A. Minors: 1. It is unlawful for any person under the age of twenty one (21) years, except as otherwise specified in this chapter, to enter a house of prostitution or be a patron of any brothel. 2. It is unlawful for any licensee, or for any sex worker or employee of such licensee, to compel, entice, encourage, permit or suffer any person under the age of twenty one (21) years, to enter a house of prostitution or be a patron of any brothel. Elko City Code Section 4-9-16(A)(2) further provides: A. Causes: The Board may revoke or temporarily suspend any license issued under the provisions of this chapter or place a licensee on probation with or without conditions for any of the following causes, which list of causes is not intended to be exclusive: *** 2. Violation by the licensee of any provision of this chapter[.] Pursuant to Elko City Code Section 4-9-16(B), the City Council must conduct a hearing prior to making a decision to revoke or suspend the brothel license or to place the licensee on probation. TT B. Review, discussion, and possible action to revoke work permit of Zhe Kong and matters related thereto. FOR POSSIBLE ACTION On September 10, 2024, Elko police officers observed a 7-month old child on the premises of Sue’s Fantasy Club, a licensed brothel located at 175 South 3rd Street. A bartender and maintenance worker at the brothel are believed to be the mother and father, respectively. Zhe Kong is the mother and currently holds a work permit entitling her to work as a bartender at Sue’s Fantasy Club. Further investigation revealed the presence of a stroller and other items associated with the child in back rooms at the brothel. Elko City Code Section 4-9-15(A) provides as follows: A. Minors: 1. It is unlawful for any person under the age of twenty one (21) years, except as otherwise specified in this chapter, to enter a house of prostitution or be a patron of any brothel. October 8, 2024 Elko City Council Agenda Page 5 of 7  2. It is unlawful for any licensee, or for any sex worker or employee of such licensee, to compel, entice, encourage, permit or suffer any person under the age of twenty one (21) years, to enter a house of prostitution or be a patron of any brothel. Elko City Code Section 4-9-13(A) further provides: A. Permit Required: It is unlawful for any person to work as a sex worker, bartender or manager at a brothel, or for any employee, independent contractor or agent of the brothel, to reside on the premises of a licensed house of prostitution, unless such person is the holder of a valid current work permit issued by the police in accordance with this chapter. Pursuant to Elko City Code Section 4-9-16(B), the City Council must conduct a hearing prior to making a decision to revoke the work permit. TT XII. REPORTS A. Mayor and City Council B. City Manager C. Assistant City Manager D. Utilities Director E. Public Works F. Airport Manager G. City Attorney H. Fire Chief I. Police Chief J. City Clerk K. City Planner L. Development Manager M. Financial Services Director N. Parks and Recreation Director O. Civil Engineer P. Building Official October 8, 2024 Elko City Council Agenda Page 6 of 7  XIII. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Respectfully Submitted, Jan Baum City Manager October 8, 2024 Elko City Council Agenda Page 7 of 7