Regular Meeting
Regular MeetingElko, NV · November 14, 2023
Minutes
City of Elko )
County of Elko )
State of Nevada ) SS November 14, 2023
The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00
PM, Tuesday, November 14, 2023. The meeting was held in the council chambers, 1751 College Ave.,
Elko.
This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by
phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to
cityclerk@elkocitynv.gov.
I. CALL TO ORDER
The Agenda for this meeting of the City of Elko City Council has been properly posted for
this date and time in accordance with NRS requirements.
II ROLL CALL
.
Present:
Reece Keener, Mayor
Mandy Simons, Councilwoman
Chip Stone, Councilman
Clair Morris, Councilman
Giovanni Puccinelli, Councilman
City Staff Present:
Diann Byington, City Clerk Technician II
Jan Baum, City Manager
Jeff Ford, Building Official
Jim Foster, Airport Manager
Cathy Laughlin, City Planner
Ralph Negron, Development Manager
Candi Quilici, Accounting Manager
Susie Shurtz, Human Resources Manager
Dave Stanton, City Attorney
Bob Thibault, Civil Engineer
Ty Trouten, Police Chief
Kelly Wooldridge, City Clerk
James Wiley, Parks and Recreation Director
Dale Johnson, Utilities Director
James Johnston, Fire Chief
III. PLEDGE OF ALLEGIANCE
November 14, 2023 City Council | Minutes Page 1 of 14
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
Jan Baum, City Manager, introduced Jan Petersen.
Jan Petersen said Jan Baum contacted her and asked to get some pictures for the City Council
Chambers. After some deliberation, they decided upon the five pictures in Chambers. Ms. Petersen
discussed how each picture reflects Elko’s past.
VII. PERSONNEL
A. Employee Introductions:
1.) Tristan Fordin, Firefighter
2.) Sebastian Velez, Firefighter
3.) Jason Beer, Street Dept, Equipment Operator
4.) James Pauley, Lead Equipment Operator
All new employees present and introduced.
V. APPROVAL OF MINUTES
A. October 24, 2023 Regular Session
The minutes were approved by general consent.
VI. PRESENTATION
A. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly
known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON
ACTION ITEM
At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council
found that a public nuisance does in fact exist at the property located at 837 Idaho Street,
owned by Ville 837, LLC, commonly known as the Elko Inn. This constitutes a violation
of Elko City Code Title 5, Section 1. The property owner was ordered to abate the nuisance
as follows:
1. Removal of Unauthorized Persons
2. Security Services (order amended October 24, 2023)
3. Security Fence
4. Security Cameras
Staff will provide City Council with an update on the abatement orders and the public
nuisance.
November 14, 2023 City Council | Minutes Page 2 of 14
Jan Baum, City Manager, reported there is no update on the removal of unauthorized persons. The
Order was amended to approve the on-site management company with some conditions. The Order
was sent via email and certified mail on November 3rd. Mr. Warburton responded via email that he
received it November 9th. We have not received the certified receipt yet. Vernal Real Estate Partners
LLC is licensed in the State of Nevada and now the City of Elko. The background checks have not
been submitted yet. There is not an update on the security fence. There isn’t much to report on the
security cameras other than the Police Department does have access and a log-in to the cameras. There
have been no calls in the month of November. The water bill has not been paid. Mr. Hammond called
business licensing and seems confused about getting a license and a building permit. There is a
meeting set up with the Building Department to go over how to get a building permit.
Mayor Keener said it is good to know the calls have reduced.
VIII. APPROPRIATION
A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE
ACTION
1.) 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 $2,929,528.04.
The motion passed unanimously. (5-0)
** A motion was made by Council Member Puccinelli, seconded by Council Member Simons
to approve the hand-cut checks in the amount of $417,748.19.
The motion passed unanimously. (5-0)
** A motion was made by Council Member Puccinelli, seconded by Council Member Simons
to approve the utility refunds in the amount of $129.60.
The motion passed unanimously. (5-0)
2.) Review and possible approval of Alliance Document Technologies, and matters
related thereto. FOR POSSIBLE APPROVAL
** A motion was made by Council Member Puccinelli, seconded by Council Member Simons
to approve the Alliance Document Technologies warrant in the amount of $126.00.
The motion passed. (4-0)
November 14, 2023 City Council | Minutes Page 3 of 14
B. Review, consideration, and possible denial of a Change Order to Rema Tip Top for
additional labor and materials during sandblasting of the Secondary Digester Dome
Recoating Project and matters related thereto. FOR POSSIBLE ACTION.
Jesse Baumgartner from Rema Tip Top requested to be on a City Council Agenda to discuss
Change Order for the Secondary Digester Dome Recoating Project.
On October 17, 2023 Rema Tip Top submitted their final pay request for $253,985.82 less
retention of $13,367.67. On October 18, 2023 Jesse Baumgartner sent an email requesting
a change order in the amount of $34,730.00 for additional labor and materials.
The work involved was for sandblasting the existing coating on the digester dome. Jesse
Baumgartner stated they encountered an average of 80-100 mils of coating that had to be
removed to prep the surface for recoating. The digester dome was estimated to have 35 mils
of coating to be removed.
When this issue arose, Rema Tip Top did not notify the Project Engineer or the City that
the coating was thicker and continued working. Due to these circumstances, the Project
Engineer and City was not able to verify that the coating was 35 mils or 80 to 100 mils.
When this happened work should have been stopped until there could have been a
determination on how to proceed and an approved change order in place.
On September 27th there was a progress meeting held at the Water and Sewer Shop to
discuss project status and issues. During this meeting nothing was discussed about the
sandblasting, but it was noted the interior coating of the dome started. Rema Tip Top also
requested an extension of time due to potential weather issues. This was approved with a
new completion date of October 13, 2023.
Due to Rema Tip Top not notifying the Project Engineer or City of this issue at any time
during the project it was discussed and determined that the Project Engineer and Utilities
Director could not approve the Change Order. A follow up email detailing the Change Order
process was sent to Jesse Baumgartner and a follow up meeting was set to discuss this
decision and a course of action for Rema Tip Top to take for resolution to come before City
Council. DJ
Dale Johnson, Utilities Director, explained we have denied the change order. A representative from
Rema Tip Top is here to plead his case. Eric Lattin, Project Engineer, is here as well.
Eric Lattin, Black Dolphin Engineering, stated he rejected Rema Tip Top's change order and he
explained why. Approving this will set a dangerous precedence.
Jesse Baumgartner, Rema Tip Top, 4665 Manzanita Drive, thanked Council for awarding them this
job. It turned out great in the end. It is clear they missed the window of opportunity to request the
change order. We want to make it clear we understand the protocol now. At one point it became clear
the existing coating was far thicker than we thought it was. It was mentioned to members of the facility
but a stop work was not done at that time.
Mayor Keener asked if there were any photographs of the thickness before they started on the project.
November 14, 2023 City Council | Minutes Page 4 of 14
Mr. Baumgartner said he has some pictures he could provide if they needed it but he did not bring
them with him.
Mayor Keener asked Dave Stanton to weigh in.
Dave Stanton, City Attorney, said these contracts require written approval prior to a change order.
And there are good reasons for it. The City has to maintain control over projects like this. If the City
is inclined to grant some sort of relief to this contractor for the additional work, it would require an
amendment to the contract. That sets a dangerous precedent. He recommended against approving the
change order.
Mayor Keener asked if a situation like this has happened before.
Mr. Stanton answered he vaguely remembers a similar situation. He does not recall Council giving
relief to a contractor.
Mayor Keener opened it up for deliberations.
Councilman Stone said the heart wants to help but we have to follow policy.
Councilman Morris said he was sure it was a great project and he hates to see them out $34,000 but
we need to follow the rules.
Councilman Puccinelli said he keeps falling back on the procedure. It was written in the contract.
Councilwoman Simons said she has learned that no good deed goes unpunished. She understood why
he came here to ask because if you don't ask, you don't know.
Mayor Keener called for public comments without a response.
** A motion was made by Council Member Puccinelli, seconded by Council Member Morris
to reject a request for a change order from Rema Tip Top in the amount of $34,730.00 for
additional labor and materials.
The motion passed unanimously. (5-0)
C. Review, consideration, and possible issuance of final acceptance for the Secondary Digester
Dome Recoating Project, and matters related thereto. FOR POSSIBLE ACTION
Rema Tip Top has completed the Secondary Digester Dome Recoating Project. There is one
change order in question for $34,730.00 that requires council direction. Staff recommends
the issuance of final acceptance. DJ
Mr. Johnson explained this is the same project. He recommended issuing final acceptance.
November 14, 2023 City Council | Minutes Page 5 of 14
** A motion was made by Council Member Stone, seconded by Council Member Simons to
issue final acceptance of the Rema Tip Top project in the amount of $267,353.49.
The motion passed unanimously. (5-0)
IX. SUBDIVISION
A. Review, consideration, and possible conditional acceptance of Public Improvements
associated with the Ruby Mountain Peaks Subdivision, and matters related thereto. FOR
POSSIBLE ACTION
Council approved Final Map 10-20 for the Ruby Mountain Peaks Subdivision on March 9,
2021. A Performance and Maintenance Agreement was entered into on March 9, 2021. The
Performance Agreement was extended for a period of one-year with and expiration date of
March 9, 2024.
The Developer has substantially completed the Public Improvements in accordance with
the approved plans with the exception of some minor repairs to sidewalk and asphalt. Those
issues are minor in nature and will be observed and evaluated during the maintenance period
of one year. The Engineer of Record has certified the project. Upon acceptance of the public
improvements, the city will release the Performance Bond in the amount of $173,354.00.
Upon acceptance of the Public Improvements by the Council, the Developer is required to
provide maintenance security in the amount of $146,067.95 for a 12-month maintenance
period. The bond has been provided and is on file with the City. RN
Ralph Negron, Development Manager, explained we are recommending releasing the performance
bond. The maintenance bond will start tomorrow for one year. There are a few items, such as minor
repairs to sidewalk and asphalt, that will be observed and evaluated during the maintenance period,
and possibly corrected in 2024.
Mayor Keener called for public comments without a response.
** A motion was made by Council Member Stone, seconded by Council Member Puccinelli
to conditionally accept the public improvements for the Ruby Mountain Peaks Subdivision with
the noted exceptions.
The motion passed unanimously. (5-0)
X. NEW BUSINESS
A. Review, consideration, and possible approval of the First Amendment to Lease Agreement
of City owned property with the Elko Television District, located at 4290 Ruby Vista Drive,
Elko, Nevada, and matters related thereto. FOR POSSIBLE ACTION
November 14, 2023 City Council | Minutes Page 6 of 14
A lease with the Elko Television District was entered into on January 1, 2014 for a ten (10)
year term with an option to renew for an additional ten (10) years. If approved, this will
extend the term to December 31, 2033 for the lease rate of one dollar per year. Elko
Television District has presented this lease amendment to their board and approved it on
September 14, 2023. CL
Cathy Laughlin, City Planner, explained this lease doesn't expire until the end of December, but we
felt we could take care of this now. They have leased this property for many years and this amendment
will extend the lease for an additional 10 years. Their board has approved it.
** A motion was made by Council Member Morris, seconded by Council Member Stone to
approve the First Amendment to Lease Agreement with the Elko Television District for the lease
at 4290 Ruby Vista Drive.
The motion passed unanimously. (5-0)
B. Review, consideration, and possible authorization for the City of Elko to enter into a new
Communication Facilities Lease Agreement with the Elko Television District for the Elko
Fire Department radio repeater site on Lamoille Summit, and matters related thereto. FOR
POSSIBLE ACTION
In July of 2016, the Elko Fire Department radio repeater site was moved from Elko
Mountain to Lamoille Summit. Due to an oversite, a lease agreement was never signed or
approved by City Council until July 2017. In July 2019, City Council approved a first
amendment to the lease agreement to increase the annual lease rate. In August 2021, City
Council approved a second amendment to the lease agreement to increase the annual lease
rate to include a CPI clause. Neither the first nor second amendment included the option to
extend the term of the lease as allowed. It is in both parties opinion that the lease expired
June 30, 2021 and therefore a new lease is required. The new lease rate is reduced to
$4,000.00 per year starting with the 2023/24 fiscal year. The Elko Television District
approved the new lease at their meeting October 12, 2023. CL
Cathy Laughlin, City Planner, explained in going through the leases, we discovered that when we did
the amendments, we never did a lease extension as allowed in the original lease. After legal review
and communications with the Television District, it was determined we were no longer under a lease.
We were able to negotiate a new lease that will begin July 1, 2024.
Chief Johnstone said we had some failures on Elko Mountain and so the microwave was moved to this
location. He found some funding in the E911 board that will help us pay for this.
** A motion was made by Council Member Simons, seconded by Council Member Morris
to approve the Communication Facilities Lease Agreement between Elko Television District and
the City of Elko for the Elko Fire Department radio repeater site on Lamoille Summit.
The motion passed unanimously. (5-0)
November 14, 2023 City Council | Minutes Page 7 of 14
C. Review, consideration, and possible approval of a Water Extension Refunding and Water
Line Oversize Agreement as defined in Elko City Code 9-1-35, for reimbursement of water
oversize installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters
thereto. FOR POSSIBLE ACTION
Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc., has
requested reimbursement for water oversize at Bergeron Village Phase 1, DGB Investment,
Inc. The inside diameter of water main shall not be less than 10” by city code 9-1-35. During
plan review the Utilities Director required the water be oversized to 12” based on future
growth. Bergeron Village Phase 1, DGB Investment, Inc. is in the process installing the 12”
water main required by the Utilities Director. Staff would like to enter into a Water
Extension Refunding and Water Line Oversize Agreement with Bergeron Village Phase 1,
DGB Investment, Inc. at this time. This would allow the City to reimburse Bergeron Village
Phase 1, DGB Investment, Inc. when the project is complete and the City accepts it. DJ
Dale Johnson, Utilities Director, explained this is a standard over-size agreement done with
developers. He recommended approval.
** A motion was made by Council Member Stone, seconded by Council Member Simons to
approve the Water Extension Refunding and Oversize Agreement for Bergeron Village Phase 1,
DGB Investment, Inc.
The motion passed unanimously. (5-0)
D. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer
Line Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer
oversize installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters
thereto. FOR POSSIBLE ACTION
Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc.,
requested reimbursement for sewer oversize at Bergeron Village Phase 1, DGB Investment,
Inc. The inside diameter of sewer main shall not be less than 8” by city code 9-5-33. During
plan review the Utilities Director required the sewer be oversized to 12” based on future
growth. Bergeron Village Phase 1, DGB Investment, Inc. is in the process installing the 12”
sewer main required by the Utilities Director. Staff would like to enter into a Sewer
Extension Refunding and Sewer Line Oversize Agreement with Bergeron Village Phase 1,
DGB Investment, Inc. at this time. This would allow the City to reimburse Bergeron Village
Phase 1, DGB Investment, Inc. when the project is complete and the City accepts it. DJ
Mr. Johnson explained this is the same development but for the sewer. He recommended approval.
** A motion was made by Council Member Stone, seconded by Council Member Puccinelli
to approve the Sewer Extension Refunding and Oversize Agreement for Bergeron Village Phase
1, DGB Investment, Inc.
November 14, 2023 City Council | Minutes Page 8 of 14
The motion passed unanimously. (5-0)
E. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer
Line Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer
oversize installation costs at Bergeron Village Phase 2, BELDCO, LLC. and matters thereto.
FOR POSSIBLE ACTION
Carter Engineering on behalf of Bergeron Village Phase 2, BELDCO, LLC. has requested
reimbursement for sewer oversize at Bergeron Village Phase 2, BELDCO, LLC. The inside
diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review
the Utilities Director required the sewer be oversized to 12” based on future growth.
Bergeron Village Phase 2, BELDCO, LLC. is in the process installing the 12” sewer main
required by the Utilities Director. Staff would like to enter into a Sewer Extension
Refunding and Sewer Line Oversize Agreement with Bergeron Village Phase 2, BELDCO,
LLC. at this time. This would allow the City to reimburse Bergeron Village Phase 2,
BELDCO, LLC. when the project is complete and the City accepts it. DJ
Mr. Johnson explained this is for phase 2 of the same project. He recommended approval.
** A motion was made by Council Member Morris, seconded by Council Member Simons
to approve the Sewer Extension Refunding and Sewer Line Oversize Agreement for Bergeron
Village Phase 2, BELDCO, LLC.
The motion passed unanimously. (5-0)
F. Review, consideration, and possible approval of the First Amendment to Agreement to
Install Improvements and Provide Maintenance Guaranty with Bailey and Associates LLC,
of Cedar Estates subdivision, and matters related thereto. FOR POSSIBLE ACTION
As required by Elko City Code 3-3-21, the City and Bailey and Associates LLC, entered
into an agreement to install improvements for Cedar Estates Subdivision on December 14,
2021. The agreement is set to expire on December 14, 2023. The developer has determined
that they will not complete the subdivision improvements before this expiration date and
has requested a one-year extension.
Section 1F 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 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
Ralph Negron, Development Manager, explained Bailey had some unforeseen circumstances come up.
One of the co-owners passed away and one of their main managers left. He did recommend a 1-year
extension to the agreement.
November 14, 2023 City Council | Minutes Page 9 of 14
Mayor Keener said Bailey has always been a good development company in the City.
** A motion was made by Council Member Stone, seconded by Council Member Simons to
approve the First Amendment to Agreement to Install Improvements and Provide Maintenance
Guaranty with Bailey and Associates LLC, of Cedar Estates subdivision.
The motion passed unanimously. (5-0)
G. Review, consideration, and possible approval of a Performance/Maintenance Agreement
for subdivision improvements associated with the Mountain View Townhomes Unit
Number 2 Subdivision, and matters related thereto. FOR POSSIBLE ACTION
Elko City Code 3-3-21 requires the subdivider to have executed and filed an agreement
between the subdivider and the City for the required subdivision improvements, including
stipulations on the time frame for when those improvements are to be completed, and to
post a performance guarantee in accordance with Elko City Code 3-3-22. SAW
Mr. Negron asked this item be tabled to the next meeting.
** A motion was made by Council Member Simons, seconded by Council Member Stone to
table.
The motion passed unanimously. (5-0)
XI. RESOLUTION AND ORDINANCE
A. Review, consideration and possible adoption of Resolution No. 13-23, a resolution finding
it is in the best interest of the City to sell City owned real property without offering the
property for sale to the public, and matters related thereto. FOR POSSIBLE ACTION
At the August 8, 2023 meeting, City Council approved the sale of an approximately .336
acre parcel of land adjacent to APN 001-630-100 based on NRS 268.061. Adoption of this
resolution finds that it is in the best interest of the City of Elko to sell City owned property
as a remnant without offering the property for sale to the public. CL
Cathy Laughlin, City Planner, explained it takes a while for us to go through the appraisal process.
We did discuss selling this as a remnant and decided it should not go to public auction. We got the
appraisal back with a value of $38,000. The applicant has agreed with the purchase price.
Mayor Keener asked for the map to be put on the overhead. Were they not interested in the rest of
the frontage?
Ms. Laughlin answered they were not interested in the rest of the area. If they were to purchase the
rest of that they would be required to install curb, gutter and other improvements.
November 14, 2023 City Council | Minutes Page 10 of 14
** A motion was made by Council Member Puccinelli, seconded by Council Member Stone
to adopt Resolution No. 13-23.
The motion passed unanimously. (5-0)
B. First reading of Ordinance No. 888 adopting a change in zoning district boundaries from GI
(General Industrial) to R (Single Family and Multiple Family Residential) Zoning District,
approximately 5,147 square feet, specifically APN 001-387-003, located generally on the
southwest side of South 1st Street approximately eighty three feet southeast of the
intersection of South 1st Street and River Street, and matters related thereto. FOR
POSSIBLE ACTION
The Planning Commission held a public hearing on Rezone 5-23 at their meeting November
7, 2023. The Planning Commission recommended that the City Council adopt an ordinance
which approves the zoning district boundary amendment from GI (General Industrial) to R
(Single Family and Multiple Family Residential) for APN 001-387-003. CL
Ms. Laughlin explained this is a unique situation. We don't normally see a property that goes to sell
and we, as a City, cannot issue a Building Permit because of a zoning issue. On this property, in 2017,
the City of Elko was shutting off utilities in the area due to flooding. This property had a lot of damage.
The Building Official was doing inspections in the area to turn the utilities back on and he determined
the property was not habitable. It was not in a safe condition. The water was not turned back on. The
property sat vacant for some time. A party bought the house and did some work without a building
permit. She was unable to sign off for a building permit for a residence when the zoning was General
Industrial. The property sold again, and the new owner spent a lot of hours in City offices going over
the process to make the property residential. We tried to get the entire block to come in for a zone
change but they were not interested. There was a variance tied to this that the Planning Commission
approved.
** A motion was made by Council Member Stone, seconded by Council Member Morris to
conduct first reading of Ordinance No. 888 and direct City Staff to set the matter for second
reading, public hearing and possible adoption.
The motion passed unanimously. (5-0)
C. Review, consideration, and possible approval of Resolution No. 14-23 , a resolution
donating a City of Elko 1995 Emergency One Titan Aircraft Rescue and Firefighting
(ARFF) vehicle to the Reno/Tahoe Airport and matters related thereto. FOR POSSIBLE
ACTION.
Using FAA AIP funding, the City of Elko Airport recently purchased a new Airport Rescue
and Firefighting (ARFF) vehicle. The City of Elko Airport & Fire Department has
determined that the 1995 Emergency One Titan Aircraft Rescue and Firefighting (ARFF)
vehicle has reached it’s useful life for the City and would like to donate the vehicle to the
Reno/Tahoe Airport. JF
November 14, 2023 City Council | Minutes Page 11 of 14
Jim Foster, Airport Manager, explained we talked about this a few meetings ago. After contacting the
Reno/Tahoe Airport and discussing options with the City Attorney, we determined donating this to
them is the best thing to do because the truck is no longer needed. They are excited to get this vehicle.
We did acquire the new ARFF truck.
** A motion was made by Council Member Stone, seconded by Council Member Morris to
adopt Resolution No. 14-23, finding the ARFF vehicle A7 has reached its useful life for the City
of Elko and approve the donation of the 1995 Emergency One Titan Aircraft Rescue and
Firefighting vehicle to the Reno/Tahoe Airport Authority.
The motion passed unanimously. (5-0)
XII. REPORTS
A. Mayor and City Council
Mayor Keener thanked Shane Fertig for joining him in a meeting with Nevada Gold Mines. They
were interested in the sustainability of our landfill.
Shane Fertig, Landfill Superintendent, appreciated the time the Mayor took to attend the meeting with
him. This Saturday will be our Free Fall Day.
Mayor Keener said there was a discussion about recycling. The Veterans Parade looked like it was
very well attended. The weather was great for it as well. They will be taking a trip to St. George
tomorrow to meet with SkyWest. Rex Steninger will be joining them.
Councilwoman Simons said the Mayor Arts Awards was last week. The new award is in the award
cabinet.
B. City Manager
Jan Baum reported there was a fun Halloween get together in the breakroom. The Christmas Party is
December 8th at the Western Folklife Center, from 6:30 - 10:00 pm. We did have our second FANN
meeting. It is just about formed and running. The Hospital 3rd Floor Mental Health Expansion has
been approved and they hope to have it done by the end of 2024.
Mayor Keener added the Child Advocacy Center will have their grand opening November 20th at 3:00
pm.
Ms. Baum said Mr. Wilkinson, Assistant City Manager, is back to work but watching the meeting from
home tonight. The agenda for the next meeting will have to be posted by next Tuesday because of the
upcoming holiday.
C. Assistant City Manager
November 14, 2023 City Council | Minutes Page 12 of 14
Absent.
D. Utilities Director
Dale Johnson reported the Hospital 2nd Source Project is nearing completion. The Cattle Drive Project
kicked off yesterday.
E. Public Works
F. Airport Manager
Jim Foster reported they are headed down to St. George tomorrow to meet with SkyWest Airlines. We
just released the RFQ for Engineering Services. Due to this, we will have to put our dinner plans with
Jviation on hold. He thanked Council for the donation. The airport numbers are looking really good.
We have two job openings right now. We will fill one but two are posted.
G. City Attorney
Dave Stanton said he has been in touch with Curtis Calder and he still has his mullet wig available if
anyone was interested.
H. Fire Chief
Mayor Keener said the promotion ceremony was a great event. He got to check out the ARFF truck
when he was there.
I. Police Chief
No report.
J. City Clerk
Kelly Wooldridge said the redesign of the website went live last Monday. She has gotten some
complaints about not being able to open the website using google. If you get that, you need to clear
your cache and then you should be able to go back into it. She will put some instructions out on
Facebook tomorrow. Google is the only search engine this needs to be done on.
K. City Planner
Cathy Laughlin reported we closed on the Recreation Parcel with Boys and Girls Club last week.
L. Development Manager
No report.
M. Financial Services Director
November 14, 2023 City Council | Minutes Page 13 of 14
No report.
N. Parks and Recreation Director
James Wiley reported this Saturday they will be doing their annual lift evacuation training at the
SnoBowl. The shade shelter in the park at the BBQ Pit has been engineered and ready to go. It is in
the process of getting a building permit. They are hoping to get it done this year. A new lawnmower
has been ordered and should be arriving soon.
Mayor Keener said NGM was inquiring about the equipment at the SnoBowl and if help was needed.
He thought they could be a great resource if needed.
Mr. Wiley said they reached out to him. Everything has been rebuilt or replaced and it functioning
great.
O. Civil Engineer
No report.
P. Building Official
Jeff Ford reported we got the Sandvik plans in for review.
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
Lee Hoffman, 1085 Barrington Ave., said there is a local citizen volunteer that was mainly responsible
for the Veteran Parade, Josephine Mahoney. She deserves a note of thanks because it came out really
well. The website looks great.
Councilwoman Simons asked if we could get a thank you card for her. It was cool that she stepped up
to plan that parade.
There being no further business, Mayor Reece Keener adjourned the meeting at 5:39 p.m.
Mayor Reece Keener Kelly Wooldridge, City Clerk
November 14, 2023 City Council | Minutes Page 14 of 14
Agenda
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, November 14, 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/onbaseagendaonline or https://meet.goto.com/932213061
You can also dial in using your phone: +1 (408) 650-3123 Access Code: 932-213-061
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.
Wednesday, November 8, 2023.
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 8th day of November, 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
November 14, 2023 Elko City Council Page 1
City of Elko
Regular Meeting
City Council Meeting
Tuesday November 14, 2023
4:00 PM PDT
Elko City Hall, Council Chambers, 1751 College Avenue, Elko, NV 89801
https://ob.elkocitynv.gov/onbaseagendaonline
https://meet.goto.com/932213061
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. APPROVAL OF MINUTES
A. October 24, 2023 Regular Session
VI. PRESENTATION
A. Update on the public nuisance at the 837 Idaho Street, owned by Ville 837, LLC commonly
known as the Elko Inn, and matters related thereto. INFORMATION ONLY – NON ACTION
ITEM
At the Elko City Council Special Meeting held on August 29, 2023, Elko City Council found that
a public nuisance does in fact exist at the property located at 837 Idaho Street, owned by Ville
837, LLC, commonly known as the Elko Inn. This constitutes a violation of Elko City Code Title
5, Section 1. The property owner was ordered to abate the nuisance as follows:
1. Removal of Unauthorized Persons
2. Security Services (order amended October 24, 2023)
3. Security Fence
4. Security Cameras
November 14, 2023 Elko City Council Agenda Page 2 of 8
Staff will provide City Council with an update on the abatement orders and the public nuisance.
VII. PERSONNEL
A. Employee Introductions:
1.) Tristan Fordin, Firefighter
2.) Sebastian Velez, Firefighter
3.) Jason Beer, Street Department, Equipment Operator
4.) James Pauley, Lead Equipment Operator
VIII. APPROPRIATION
A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE
ACTION
1.) Review and possible approval and/or ratification of warrants, and matters related thereto.
FOR POSSIBLE ACTION
2.) Review and possible approval of Alliance Document Technologies, and matters related
thereto. FOR POSSIBLE APPROVAL
B. Review, consideration, and possible denial of a Change Order to Rema Tip Top for additional
labor and materials during sandblasting of the Secondary Digester Dome Recoating Project and
matters related thereto. FOR POSSIBLE ACTION.
Jesse Baumgartner from Rema Tip Top requested to be on a City Council Agenda to discuss
Change Order for the Secondary Digester Dome Recoating Project.
On October 17, 2023 Rema Tip Top submitted their final pay request for $253,985.82 less
retention of $13,367.67. On October 18, 2023 Jesse Baumgartner sent an email requesting a
change order in the amount of $34,730.00 for additional labor and materials.
The work involved was for sandblasting the existing coating on the digester dome. Jesse
Baumgartner stated they encountered an average of 80-100 mils of coating that had to be removed
to prep the surface for recoating. The digester dome was estimated to have 35 mils of coating to
be removed.
When this issue arose, Rema Tip Top did not notify the Project Engineer or the City that the
coating was thicker and continued working. Due to these circumstances, the Project Engineer and
City was not able to verify that the coating was 35 mils or 80 to 100 mils. When this happened
work should have been stopped until there could have been a determination on how to proceed
and an approved change order in place.
On September 27th there was a progress meeting held at the Water and Sewer Shop to discuss
project status and issues. During this meeting nothing was discussed about the sandblasting, but
November 14, 2023 Elko City Council Agenda Page 3 of 8
it was noted the interior coating of the dome started. Rema Tip Top also requested an extension
of time due to potential weather issues. This was approved with a new completion date of October
13, 2023.
Due to Rema Tip Top not notifying the Project Engineer or City of this issue at any time during
the project it was discussed and determined that the Project Engineer and Utilities Director could
not approve the Change Order. A follow up email detailing the Change Order process was sent
to Jesse Baumgartner and a follow up meeting was set to discuss this decision and a course of
action for Rema Tip Top to take for resolution to come before City Council. DJ
C. Review, consideration, and possible issuance of final acceptance for the Secondary Digester
Dome Recoating Project, and matters related thereto. FOR POSSIBLE ACTION
Rema Tip Top has completed the Secondary Digester Dome Recoating Project. There is one
change order in question for $34,730.00 that requires council direction. Staff recommends the
issuance of final acceptance. DJ
IX. SUBDIVISION
A. Review, consideration, and possible conditional acceptance of Public Improvements associated
with the Ruby Mountain Peaks Subdivision, and matters related thereto. FOR POSSIBLE
ACTION
Council approved Final Map 10-20 for the Ruby Mountain Peaks Subdivision on March 9, 2021.
A Performance and Maintenance Agreement was entered into on March 9, 2021. The
Performance Agreement was extended for a period of one-year with and expiration date of March
9, 2024.
The Developer has substantially completed the Public Improvements in accordance with the
approved plans with the exception of some minor repairs to sidewalk and asphalt. Those issues
are minor in nature and will be observed and evaluated during the maintenance period of one
year. The Engineer of Record has certified the project. Upon acceptance of the public
improvements, the city will release the Performance Bond in the amount of $173,354.00. Upon
acceptance of the Public Improvements by the Council, the Developer is required to provide
maintenance security in the amount of $146,067.95 for a 12-month maintenance period. The bond
has been provided and is on file with the City. RN
X. NEW BUSINESS
A. Review, consideration, and possible approval of the First Amendment to Lease Agreement of
City owned property with the Elko Television District, located at 4290 Ruby Vista Drive, Elko,
Nevada, and matters related thereto. FOR POSSIBLE ACTION
A lease with the Elko Television District was entered into on January 1, 2014 for a ten (10) year
term with an option to renew for an additional ten (10) years. If approved, this will extend the
November 14, 2023 Elko City Council Agenda Page 4 of 8
term to December 31, 2033 for the lease rate of one dollar per year. Elko Television District has
presented this lease amendment to their board and approved it on September 14, 2023. CL
B. Review, consideration, and possible authorization for the City of Elko to enter into a new
Communication Facilities Lease Agreement with the Elko Television District for the Elko Fire
Department radio repeater site on Lamoille Summit, and matters related thereto. FOR POSSIBLE
ACTION
In July of 2016, the Elko Fire Department radio repeater site was moved from Elko Mountain to
Lamoille Summit. Due to an oversite, a lease agreement was never signed or approved by City
Council until July 2017. In July 2019, City Council approved a first amendment to the lease
agreement to increase the annual lease rate. In August 2021, City Council approved a second
amendment to the lease agreement to increase the annual lease rate to include a CPI clause.
Neither the first nor second amendment included the option to extend the term of the lease as
allowed. It is in both parties opinion that the lease expired June 30, 2021 and therefore a new
lease is required. The new lease rate is reduced to $4,000.00 per year starting with the 2023/24
fiscal year. The Elko Television District approved the new lease at their meeting October 12,
2023. CL
C. Review, consideration, and possible approval of a Water Extension Refunding and Water Line
Oversize Agreement as defined in Elko City Code 9-1-35, for reimbursement of water oversize
installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters thereto. FOR
POSSIBLE ACTION
Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc., has requested
reimbursement for water oversize at Bergeron Village Phase 1, DGB Investment, Inc. The inside
diameter of water main shall not be less than 10” by city code 9-1-35. During plan review the
Utilities Director required the water be oversized to 12” based on future growth. Bergeron Village
Phase 1, DGB Investment, Inc. is in the process installing the 12” water main required by the
Utilities Director. Staff would like to enter into a Water Extension Refunding and Water Line
Oversize Agreement with Bergeron Village Phase 1, DGB Investment, Inc. at this time. This
would allow the City to reimburse Bergeron Village Phase 1, DGB Investment, Inc. when the
project is complete and the City accepts it. DJ
D. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer Line
Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer oversize
installation costs at Bergeron Village Phase 1, DGB Investment, Inc. and matters thereto. FOR
POSSIBLE ACTION
Carter Engineering, on behalf of Bergeron Village Phase 1, DGB Investment, Inc., requested
reimbursement for sewer oversize at Bergeron Village Phase 1, DGB Investment, Inc. The inside
diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review the
Utilities Director required the sewer be oversized to 12” based on future growth. Bergeron Village
Phase 1, DGB Investment, Inc. is in the process installing the 12” sewer main required by the
Utilities Director. Staff would like to enter into a Sewer Extension Refunding and Sewer Line
Oversize Agreement with Bergeron Village Phase 1, DGB Investment, Inc. at this time. This
November 14, 2023 Elko City Council Agenda Page 5 of 8
would allow the City to reimburse Bergeron Village Phase 1, DGB Investment, Inc. when the
project is complete and the City accepts it. DJ
E. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer Line
Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer oversize
installation costs at Bergeron Village Phase 2, BELDCO, LLC. and matters thereto. FOR
POSSIBLE ACTION
Carter Engineering on behalf of Bergeron Village Phase 2, BELDCO, LLC. has requested
reimbursement for sewer oversize at Bergeron Village Phase 2, BELDCO, LLC. The inside
diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review the
Utilities Director required the sewer be oversized to 12” based on future growth. Bergeron Village
Phase 2, BELDCO, LLC. is in the process installing the 12” sewer main required by the Utilities
Director. Staff would like to enter into a Sewer Extension Refunding and Sewer Line Oversize
Agreement with Bergeron Village Phase 2, BELDCO, LLC. at this time. This would allow the
City to reimburse Bergeron Village Phase 2, BELDCO, LLC. when the project is complete and
the City accepts it. DJ
F. Review, consideration, and possible approval of the First Amendment to Agreement to Install
Improvements and Provide Maintenance Guaranty with Bailey and Associates LLC, of Cedar
Estates subdivision, and matters related thereto. FOR POSSIBLE ACTION
As required by Elko City Code 3-3-21, the City and Bailey and Associates LLC, entered into an
agreement to install improvements for Cedar Estates Subdivision on December 14, 2021. The
agreement is set to expire on December 14, 2023. The developer has determined that they will
not complete the subdivision improvements before this expiration date and has requested a one-
year extension.
Section 1F 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 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
G. Review, consideration, and possible approval of a Performance/Maintenance Agreement for
subdivision improvements associated with the Mountain View Townhomes Unit Number 2
Subdivision, and matters related thereto. FOR POSSIBLE ACTION
Elko City Code 3-3-21 requires the subdivider to have executed and filed an agreement between
the subdivider and the City for the required subdivision improvements, including stipulations on
the time frame for when those improvements are to be completed, and to post a performance
guarantee in accordance with Elko City Code 3-3-22. SAW
November 14, 2023 Elko City Council Agenda Page 6 of 8
XI. RESOLUTION AND ORDINANCE
A. Review, consideration and possible adoption of Resolution No. 13-23, a resolution finding it is
in the best interest of the City to sell City owned real property without offering the property for
sale to the public, and matters related thereto. FOR POSSIBLE ACTION
At the August 8, 2023 meeting, City Council approved the sale of an approximately .336 acre
parcel of land adjacent to APN 001-630-100 based on NRS 268.061. Adoption of this resolution
finds that it is in the best interest of the City of Elko to sell City owned property as a remnant
without offering the property for sale to the public. CL
B. First reading of Ordinance No. 888 adopting a change in zoning district boundaries from GI
(General Industrial) to R (Single Family and Multiple Family Residential) Zoning District,
approximately 5,147 square feet, specifically APN 001-387-003, located generally on the
southwest side of South 1st Street approximately eighty three feet southeast of the intersection of
South 1st Street and River Street, and matters related thereto. FOR POSSIBLE ACTION
The Planning Commission held a public hearing on Rezone 5-23 at their meeting November 7,
2023. The Planning Commission recommended that the City Council adopt an ordinance which
approves the zoning district boundary amendment from GI (General Industrial) to R (Single
Family and Multiple Family Residential) for APN 001-387-003. CL
C. Review, consideration, and possible approval of Resolution No. 14-23 , a resolution donating a
City of Elko 1995 Emergency One Titan Aircraft Rescue and Firefighting (ARFF) vehicle to the
Reno/Tahoe Airport and matters related thereto. FOR POSSIBLE ACTION.
Using FAA AIP funding, the City of Elko Airport recently purchased a new Airport Rescue and
Firefighting (ARFF) vehicle. The City of Elko Airport & Fire Department has determined that
the 1995 Emergency One Titan Aircraft Rescue and Firefighting (ARFF) vehicle has reached it’s
useful life for the City and would like to donate the vehicle to the Reno/Tahoe Airport. JF
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
November 14, 2023 Elko City Council Agenda Page 7 of 8
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
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
November 14, 2023 Elko City Council Agenda Page 8 of 8
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