Special 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, August 29, 2023 at 4:00., P.D.T. 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/onbaseagendaonlinehttps://meet.goto.com/973533757 You can also dial in using your phone: (312)757-3121 Access Code 973-533-757 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 AM. P.D.T Thursday, August 24, 2023. Posted by: Kelly Wooldridge, City Clerk The public may contact Kim Wilkinson by phone at (775) 777-7110 or email at kwilkinson@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 24 day of August 2023. 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 August 29, 2023 Elko City Council Page 1  City of Elko Special Meeting City Council Meeting Tuesday August 29 2023 - 4:00 PM P.D.T 1751 College Avenue, Elko, NV 89801 https://ob.elkocitynv.gov/onbaseagendaonline https://meet.goto.com/973533757 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. NEW BUSINESS A. Hearing before City Council to consider the character, misconduct, and/or competence of a person pursuant to NRS 241.033 and/or possible adverse administrative action pursuant to NRS 241.034; to suspend, revoke, restrict, or condition the liquor license of the Punch Bowl, LLC, a Nevada limited-liability Company (License # 30082); (owner: Mandy Quintana) in accordance with Elko City Code Section 4-5-13, and matters related thereto. FOR POSSIBLE ACTION On 4/25/2023, the City Council accepted a verified complaint and approved an investigation into alleged liquor code violations by the Punch Bowl, LLC. The City Council further directed staff to issue a citation to appear before City Council to owner Mandy Quintana. Ms. Quintana responded to the verified complaint on 5/30/2023. The City completed the investigation and issued a second verified complaint and notice of meeting to consider the character, misconduct, and/or competence of a person pursuant to NRS 241.033 and NRS 241.034 to the Punch Bowl, LLC and owner, Ms. Mandy Quintana on 7/28/2023. Ms. Quintana responded on 8/17/2023. Ms. Quintana was notified of this hearing on 8/21/2023. B. Hearing pursuant to Elko City Code Section 5-1-8 to determine if in fact a nuisance does exist at the property located at 837 Idaho Street, whether such nuisance should not be abated or August 29, 2023 Elko City Council Agenda Page 2 of 5  removed, or that it be shown that there is no nuisance or that the nuisance was caused by the City of Elko, and matters related thereto. FOR POSSIBLE ACTION Since June 2022, the City of Elko has received and investigated many complaints from neighboring residents and businesses regarding the Elko Inn property located at 837 Idaho Street; moreover, law enforcement has been required to respond to a variety of incidents at this location, in some cases due to serious criminal activity. Consequently, City Staff has conducted numerous inspections of the property and notified the property owner, Ville 837, LLC, of numerous City Code violations. As a result, several City Code violations constituting nuisances were addressed by the owner during this period. Staff provided the latest update to Council on August 22, 2023. In conformance with City Code Title 5, Chapter 1, the City completed an investigation of the property located at 837 Idaho Street for a possible public nuisance on 8/3/2023. As a result of the investigation, and in conformance with Title 5, Chapter 1, the City Manager has determined that a public nuisance exists at 837 Idaho Street due the following: 1. The owner of the property required multiple notifications and did not address previous nuisances in a timely manner. Based on the owner’s actions and lack of responsiveness, in addition to a lack of proper management at the property, a written complaint was filed with the City Clerk and City Manager on April 18, 2023. 2. A record of calls for service to 837 Idaho Street provided by Elko Police Department show that 20 calls were made during the time-period of July 2022 through December 2022 and 56 calls were made during the time-period of January 2023 through July 26, 2023. The lack of proper management is creating an undue burden on the City’s public safety resources. 3. The City has previously took action to declare a public nuisance related to the Solid Waste Disposal Code and other violations of City Code. 4. The owner addressed several issues such as the accumulation of waste, abandoned vehicles on the property and removal of vulgar graffiti by June 13, 2023. However, these remedial actions only occurred after the City Council meeting and following a formal complaint by the City Council. 5. The property is located adjacent to a residential area, and people who occupy the structure – all of whom are believed to be “squatters” staying in vacant units without formal permission from the owner – are negatively impacting local residents. Impacts include engaging in criminal activity near residences and businesses. 6. The property has been and continues to be in violation of the following provisions of Elko City Code Title 5, Chapter 1, each provision representing a thing, property, act, commission, omission, performance, failure or operation that has been declared to be a public nuisance: August 29, 2023 Elko City Council Agenda Page 3 of 5  (a) 5-1-3 Public Nuisance Unlawful: It shall be unlawful for any person to commit or maintain a public nuisance, or willfully omit or refuse to perform any legal duty relating to the removal of any such public nuisance, and it shall be unlawful for any person to rent or lease, or permit to be used, any building or portion thereof, knowing that the same is intended to be, or is being used for, committing or maintaining any such nuisance. (b) 5-1-4(A): Businesses, premises and acts. Any business, occupation, premises act or thing which is not ordinarily a nuisance per se, is, and each of them is, hereby declared to be a nuisance when, by reason of its or their location, nature, time or method of operation, or effect, it or they shall intend to injure or interfere with the health, peace, comfort, convenience, safety or enjoyment of the public or one or more persons in the neighborhood. (c) 5-1-4(C)(1): Every act unlawfully done and every omission to perform a duty, which act or omission: Shall annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons. (d) 5-1-4 (C) (3): Every act unlawfully done and every omission to perform a duty, which act or omission: Shall in any way render a considerable number of persons insecure in life or the use of property. On 8/11/2023 the owner of Ville 87 LLC, Mr. Keith Warburton, was properly given notice by the Office of the City Attorney pursuant to Elko City Code Section 5-1-7, with directions to commence work to remove the nuisance by September 11, 2023. On 8/16/2023, Mr. Warburton, requested, in writing, a hearing before the City Council in accordance with Elko City Code Section 5-1-8(B). Mr. Warburton, on behalf of Ville 837, LLC was notified in writing of the hearing date and time on 8/16/2023. Pursuant to Elko City Code Section 5-1-9, after the hearing, if in the judgment of the majority of the City Council a nuisance does in fact exist, the City Council shall order the same to be abated or removed within such reasonable time as the City Council shall designate and the City Council shall instruct the City Clerk to give notice to the owner or other appropriate person in the manner set out in the City Code, to abate and remove the same, which said notice shall require the commencement of work, to abate or remove the same within five (5) days after proof of receipt of said notice and to complete the same within a reasonable time thereafter as designated by the City Council. Pursuant to City Code Section 5-1-10(A), if work to abate and remove the nuisance is not commenced within said five (5) day period after proof of receipt of the notice and posting of notice, or the nuisance is not abated or removed within the reasonable time designated by the City Council, the City, through its various departments, shall have authority to enter upon the property to abate or remove the nuisance, and thereafter recover costs and expenses. August 29, 2023 Elko City Council Agenda Page 4 of 5  VI. 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 August 29, 2023 Elko City Council Agenda Page 5 of 5