(775) 777-7110/fax (775) 777-7119

Transcription

CITYOFELKO
CITY MANAGER
1751 COLLEGE AVENUE
ELKO, NEVADA 89801
(775) 777-7110/FAX (775) 777-7119
The Elko City Council will meet in regular session on Tuesday, September 8, 2015
Elko City Hall, 1751 College Avenue, Elko, NV 89801, at 4:00P.M., P.D.S.T.
Attached with this notice is the agenda for said meeting of the Council.
This notice is posted pursuant to the NRS as amended by the 2015 Legislature.
This notice is to be posted at the following public places:
ELKO COUNTY COURTHOUSE-57! Idaho Street, Street, Elko, NV 89801
Date/Time Posted: September 2, 2015/8:50 a.m.
ELKO COUNTY LIBRARY-720 Court Street, Elko, NV 89801
ELKO POLICE DEPARTMENT-1401 College Avenue, Elko NV 89801
ELKO CITY HALL-1751 College Avenue, Elko, NV 89801
Date: Time Posted: September 2, 2015/8:30 a.m.
Posted by: Kim Wilkinson
Name
Administrative Assistant
Title
~21~~
Signature
The public may contact Kim Wilkinson by phone at (775)777 -7110 or email at
kwilkinson(itci.dko.nv.us to request supporting material for the meeting described herein. The
agenda and supporting material is available at Elko City Hall, 1751 College Avenue, Elko, NV
or on the City website at www.clkocitv.com .
Dated this 2"ct day of September, 2015
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 Elko City Cou I, 1751
lege Avenue, Elko, Nevada 89801,
or by calling (775) 777-7110.
Curtis Calder, City Manager
CITYOFELKO
CITY COUNCIL AGENDA
REGULAR MEETING
4:00P.M., P.D.S.T., TUESDAY, SEPTEMBER 8, 2015
ELKO CITY HALL. 1751 COLLEGE A VENUE, ELKO. NEVADA
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.
ROLLCALL
PLEDGE OF ALLEGIANCE
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
APPROVAL OF MINUTES:
I.
II.
Regular Session
PRESENTATIONS
A.
Presentation of a Retirement Plaque to Galen (Gus) Rackely, Public Works
Department for his thirty years of service. NON ACTION ITEM INFORMATON ONLY
B.
Presentation of a plaque by NNRDA Director Pam Borda to Councilman John
Rice for his service on the NNRDA Board. NON ACTION ITEM INFORMATION ONLY
PERSONNEL
A.
Employee Introductions:
1.)
2.)
III.
August 25, 2015
Ms. Kara Vera, Part-time Minutes Clerk
Ms. Margaret Earthman, Part-time Spay/Neuter Clinic Manager
APPROPRIATIONS
A.
Review and possible approval of Warrants. FOR POSSIBLE ACTION
B.
Review and possible approval of Print 'N Copy Warrants. FOR POSSIBLE
ACTION
09/08/2015
City Council Agenda
1
C.
Review, consideration, and possible approval for the Elko Regional Airport to
apply for a Nevada Commission on Tourism Marketing Grant (2015 2"d Cycle),
and matters related thereto. FOR POSSIBLE ACTION
The airport in coordination with Delta Air Lines and the Elko Visitors &
Convention Authority would like to reapply for a digital "Explore Elko"
campaign in the Denver and Salt Lake City markets for the period May 1-May 31,
2016. The grant application is for $5,000 with a local match of $5,000 from the
Airport Enterprise Fund. MG
D.
Review, consideration, and possible approval for the Fire Department to accept a
Local Giving Grant of $2,500.00 from Wal-Mart Stores Inc. to assist with cost
associated with fire prevention education, and matters related thereto. FOR
POSSIBLE ACTION
Wal-Mart Stores Inc. has established grants to assist local agencies fund public
education. The City of Elko Fire Department Prevention Bureau has been selected
as the recipient of a $2,500.00 grant for community fire prevention education
materials. Wal-Mart has been a great supporter of the Elko Fire Department's fire
prevention efforts for many years. MG
IV.
NEW BUSINESS
A.
Review, consideration, and possible approval of a proposed revision to a release,
hold harmless, and indemnity provision in the previously approved professional
services agreement (PSA) with Manhard and Artisan, and matters related thereto.
FOR POSSIBLE ACTION
City Legal Counsel drafted the initial PSA. This draft was sent to Manhard and
Artisan for comments and feedback. Feedback was provided and reviewed by
legal counsel. The proposed two word change was approved by legal counsel;
however, I mistakenly did not include this change in the final document. RL
B.
Review, consideration, and possible approval of a Second Amendment to the
Exclusive Franchise Agreement between the City of Elko and Elko Sanitation
Company dated June 11, 2012 and amended on April 22, 2014 for sanitation
service in the City of Elko, and matters related thereto. FOR POSSIBLE
ACTION
Elko Sanitation Company current! y provides sanitation service in the City of Elko
pursuant to an agreement dated June 11, 2015 and amended on April 22, 2014.
Elko Sanitation is requesting that the rate schedule be amended by adding a
service and adding one additional fee. The additional service would be an eight
yard bin. The additional fee would be a rollout fee. In reviewing the proposal and
the existing agreement it was determined that additional definitions were required
in The proposed amendment requires an amendment of Section 14.01 allowing
the addition of services under the agreement prior to Council considering an
09/08/2015
City Council Agenda
2
amendment to the rate schedule. The proposed amendment is identified as the
second amendment to the agreement. SAW
C.
Review, consideration, and possible approval of a Third Amendment to the
Company dated June 11, 2012 and amended on April 22, 2014 for sanitation
service in the City of Elko, and matters related thereto. FOR POSSIBLE
ACTION
Elko Sanitation Company currently provides sanitation service in the City of Elko
pursuant to an agreement dated June 11, 2012 and amended on April 22, 2014.
Elko Sanitation is requesting that the rate schedule be amended by adding a
service and additional fees. The additional service would be an eigbt yard bin for
commercial accounts. The additional fees would be for the 8 yard bin service fees
and a rollout fee. In reviewing the proposal and the existing agreement it was
determined that additional definitions were required to address approved fees.
Additionally, Elko Sanitation has several fees for non-typical services, all of
which were potentially charged under generic provisions of the agreement. The
amendment provides clarification. The proposed amendment is identified as the
third amendment to the agreement. SAW
VI.
PETITIONS, APPEALS, AND COMMUNICATIONS
A.
Review and possible consideration of a request by Towne Place Suites by
Marriott-Elko to waive the late fees currently pending on a delinquent transient
lodging tax payment (room tax) reporting for June 2015, and matters related
thereto. FOR POSSIBLE ACTION
Transient lodging tax is due on the tenth day of the month; payment is delinquent
on the sixteenth day of the month. Marriott's June 2015 payment was postmarked
on Friday, July 17, 2015 resulting in a penalty fee being charged pursuant to City
Code 4-6-12 which states, "If the room taxes are not paid on or before the
fifteenth day of the month in which they become due, or if such day falls on a
Saturday, Sunday or legal holiday, on the next succeeding day not a Saturday,
Sunday or legal holiday, then the licensee shall pay a penalty of fifteen percent
(15%) of the unpaid, due and delinquent room tax, and the licensee shall also pay
the costs of collection of the tax, penalty, court costs and attorney fees. " SO
VII.
6:00P.M.
A.
09/08/2015
PUBLIC HEARINGS
Review, consideration, and possible action in response to an appeal of the Elko
City Planning Commission's decision recommending that the Council adopt a
resolution which approves Rezone No. 9-15, filed by Bailey & Associates LLC,
for a change in zoning from AG (General Agriculture) to R (Single-Family and
Multiple-Family Residential) for the development of residential lots, the property
being located generally west of Sagecrest Drive approximately 665 feet north of
Mountain City Highway (APN 001-01F-318), and matters related thereto. FOR
POSSIBLE ACTION
City Council Agenda
3
The Planning Commission considered the subject zone change request on August
4, 2015. Subsequently, an appeal was received of the Planning Commission's
decision. Staff is in support of the zone change as it is in conformance with the
Master Plan. Additionally, density allowed for in the AG zone, one residence per
five acres, will not be feasible as any development will require public
improvements along the frontage of the parcel, approximately 295 feet. This
parcel was annexed into the City on July 31, 2015. All property annexed into the
City shall be zoned AG until the zone change process has occurred. The AG
district is intended to constitute a "hold" district. RM
VIII. REPORTS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Mayor and City Council
City Manager- Nevada League of Cities Conference
Assistant City Manager
Utilities Director
Public Works
Airport Director- Update on Runway Rehabilitation Project
City Attorney
Fire Chief
Police Chief
City Clerk
City Planner
Development Manager
Administrative Services Director-Annual Sales Tax Report
Parks and Recreation Director
Civil Engineer
Building Official
NOTE:
09/08/2015
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.
City Council Agenda
4
ADJOURNMENT
Curtis Calder
City Manager
09/08/2015
City Council Agenda
5
,City ofEiko
County of Elko
State of Nevada
)
)
ss
)
August 25, 2015
The City Council of the City of Elko, State of Nevada met for a regular meeting
beginning at 4:00p.m., Tuesday, August 25, 2015.
This meeting was called to order by Mayor Chris Johnson.
NOTE:
The order of the Agenda has been changed to reflect the order business was
conducted.
ROLLCALL
Mayor Present:
Chris J. Johnson
Council Present:
Councilman John Rice
Councilwoman Mandy Simons
Councilman Robert Schmidtlein
Councilman Reece Keener
City Staff Present:
Curtis Calder, City Manager
Scott Wilkinson, Assistant City Manager
Ryan Limberg, Utilities Director
Shane!! Owen, City Clerk
Jonnye Jund, Accounting Manager
Dennis Strickland, Public Works Director
Aubree Anderson, Human Resources Manager
Mark Gibbs, Airport Director
Ben Reed, Police Chief
Jeremy Draper, Development Manager
Matt Griego, Fire Chief
Rick Magness, City Planner
Bob Thibault, Civil Engineer
James Wiley, Parks and Rec Director
Dave Stanton, City Attorney
Diann Byington, Recording Secretary
PLEDGE OF ALLEGIANCE
08/25/2015
City Council Minutes
Page 1 of13
There were no public comments.
APPROVAL OF MINUTES: August 11, 2015
Regular Session
The minutes were approved by general consent.
I.
PRESENTATIONS
A.
Reading of a Proclamation by the Mayor in recognition of Vietnam Veterans
Commemorative Day. NON-ACTION ITEM -INFORMATION ONLY
Mayor Johnson read the proclamation and presented a copy of it to Lovia Larkin with the Ladies
Auxiliary to the Veterans of Foreign Wars Post 2350.
II.
PERSONNEL
A.
Employee Introductions:
1.)
2.)
III.
Erika Herrera, Part-time Records Technician, Police Department
Present and introduced.
Austin Hughes, Entry Level Firefighter, Fire Department
Present and introduced.
APPROPRIATIONS
C.
Review, consideration, and possible approval to award a joinder contract to Rush
Truck Center ofldaho to purchase a 2016 International 7500 Cab and Chassis for
Biosolids Hauling, and matters related thereto. FOR POSSIBLE ACTION
At the June 9, 2015 meeting, Council allowed Staff to solicit for the biosolids
truck replacement. Rush Truck Center has agreed to a joinder contract. FPS
Ryan Limberg, Utilities Director, explained they try to use the joinder provision whenever they
can because it saves a lot of time and effort. Legal Counsel has reviewed the agreement. We
will be purchasing the Cab and Chassis and the dump bed separately.
Councilman Keener asked about heated mirrors. This truck will be housed in the new storage
building. Are they still required?
Mr. Limberg felt it was worth the money. It is part of a package deal for $585.
Councilman Schmidtlein said there is a lot of moisture in the shed it will be stored in and this
will clear the mirrors off as they pull out.
08/25/2015
Page 2 of13
Dennis Strickland, Public Works Director agreed. This will be an International tractor that will
match what we have in the existing fleet.
**
A motion was made by Councilman Keener, seconded by Councilwoman Simons, to
award a Joinder Contract to Rush Truck Center of Idaho to purchase a 2016 International
7500 Cab and Chassis with options specified in the amount of $100,075.
The motion passed unanimously. (5-0)
D.
Review, consideration, and possible direction to Staff to obtain an appraisal on
approximately 15 acres of land for possible acquisition for a future tank site, and
matters related thereto. FOR POSSIBLE ACTION
This land is currently owned by Jerry Jones and the owner has contacted the City
with an interest in selling to the City for the appraised value. The property is
located above Elko Mountain Village in section 19, Township 34 North, Range 56
East. This location is described on the Elko Mountain Village Utility Master Plan
as a tank site. A tank at this location could serve both the Elko Mountain Village
Project as well as across Lamoille Highway to higher elevation property in the
vicinity of Errecart Boulevard and Northern Nevada Regional Hospital. RL
Mr. Limberg explained the owner approached the City of Elko with an interest in selling this
property to the City. We felt it would be prudent to pick it up. The first step is to obtain an
appraisal. He felt the appraisal would be fairly low.
**
A motion was made by Councilman Schmidtlein, seconded by Councilman Rice, to
direct staff to obtain an appraisal on approximately 15 acres of land owned by Jerry Jones
for a future tank site.
E.
Review, consideration, and possible authorization for Staff to apply for various
grants and donations for the construction of the Elko Sports Complex, and matters
related thereto. FOR POSSIBLE ACTION
The City of Elko is considering a bond to pay for a portion of the Elko Sports
Complex, in an effort to provide the remaining funding for the project Staff has
identified several potential organizations that may provide grant opportunities for
the project. Staff is requesting authorization to apply to these organizations for the
additional funding needed for the project. JD
Jeremy Draper, Development Manager, explained we have identified several foundations that
could be potential donors. We would like to make the application to each of these donors so we
could move forward with this project. They have a list of 40 or 50 donors. They have been
building relations with some of the donors and the feedback has been positive.
08/25/2015
Page 3 of13
John Carpenter wondered when we are going to get some information on this bond issue. How
will this be funded and maintained? It seems to him that the donors want to know what is going
on out here.
Councilwoman Simons asked if the two cents will make the payment.
Curtis Calder, City Manager, answered the bond is proposed at a maximum of $8 million. Part
of the $8 million is a refinance of the California Trail Bond which if the interest rate is low
enough to justifY it, it would be just a little over $1.5 million to pay that off. The term for the
California Trail Bond would still remain with a payoff of ten years. Your net from the bond for
the sports related functions (Sports Complex and Golf Course Irrigation) would be roughly $6.5
million. The delta between what is bonded and what would be available for Phase I would be
through large foundation donations. Those all have to happen in order for us to let a contract but
they seem plausible at this point. If you want any specific information regarding the bond issue
we have those documents available and we can make them available to you electronically or
however you want to receive it.
Mr. Carpenter said we hear that the sports complex will be paid off with tournaments. He isn't
against the project but we wants more information in order to make a good decision. He thanked
council for getting him the warrants this morning rather than right before the meeting started.
Mr. Draper said the minimal goal for this fundraising efforts will be $5 million. We would like
to raise more if we can so we can get more phases of the project completed.
**
A motion was made by Councilman Keener, seconded by Councilman Rice, to
authorize staff to file applications with various organizations in an effort to raise additional
funds for the Elko Sports Complex. All successfully funded applications should be
accepted by Council prior to acceptance of the funding.
F.
Review, consideration, and possible approval to accept a $292,000 grant from the
Nevada Community Development Block Grant (CDBG) Program for the
Redevelopment Agency Downtown Storefront Improvement Program, and
In January of 2015, Council approved sponsoring a CDBG Grant for the
Redevelopment Agency Downtown Storefront Improvement Program for a 50/50
matching grant program with property owners for storefront improvements within
the Central Business District. The Redevelopment Agency took action at its
meeting on July 22, 2014 regarding application by the City of Elko for the grant.
The grant has been awarded in the amount of$292,000. RM
Rick Magness, City Planner, explained this is similar to another item that RDA has worked with.
We have great interest in the community and look for approval.
08/25/2015
Page 4 of13
Councilman Schmidtlein wondered why this would fall under prevailing wage.
Shane!! Owen, City Clerk, answered this is a Davis/Bacon project which requires anything over
$2,000 to pay prevailing wages.
Councilman Keener asked about the date of the grant award, is that June 5'h.
Mr. Magness answered yes. You will see the letters stating it was granted but it requires our
acceptance. Then that starts that trigger.
Ms. Owen noted there are different time frames. Some start with the notice to proceed and some
start from the notice of award.
**
A motion was made by Councilwoman Simons, seconded by Councilman Rice, to
accept the $292,000 grant award from CDBG for the Redevelopment Agency Downtown
Storefront Improvement Program.
G.
Review, consideration, and possible authorization for the City of Elko Street
Department to utilize a joinder bid through the City of Tempe, Arizona for a
Tymco 500X Street Sweeper, and matters related thereto. FOR POSSIBLE
ACTION
Per NRS 332.195, the City is allowed to join or use contracts by other government
agencies. The City Attorney has reviewed all the supplemental information and
found it meets the requirements to utilize a joinder bid through the City of Tempe,
Arizona. DS
Dennis Strickland, Public Works Director, explained these joinders provide us some time saving.
When we budgeted for this earlier in the year we decided we were going to look outside the box
and make sure the street sweeper is a smart purchase. The Tymco has a high dump feature that
the others do not. It is about the same price as the Elgin we have bought in the past.
Councilman Schmidtlein asked how many hours per year do you put on these.
Mr. Strickland answered for 6 months out of the year they run full-time Monday through Friday.
Last year they swept a majority of the winter. There have been high maintenance issues with the
sweepers. It seems that the Tymco sweeper has fewer maintenance issues than the Elgin.
Councilman Schmidtlein asked how many years of use do we get from these units. (7 -8)
Dave Stanton informed Council when the City of Elko purchases a piece of equipment through a
contract entered into by a city in another state we become subject to the laws of that state for
purposes of that contract. If we have a contract where we purchase a piece of equipment that is
defective, worst case scenario you would have to go to court in that state to enforce the contract.
He didn't see anything to worry about in this contract but some other contracts are referring to
08/25/2015
Page 5 of13
laws in another state that might not be comparable to the laws of the State of Nevada. A
thorough review of the contract would have to be made by an attorney from that other state.
**
A motion was made by Councilman Rice, seconded by Councilman Keener, to
authorize staff to enter into a joinder contract with H & E Equipment for a Tymco SOOX
High Dump Street Sweeper with the City of Tempe, Arizona in an amount not to exceed
$237,000.
IV.
UNFINISHED BUSINESS
A.
Review, consideration, and possible acceptance of the design drawings for the
Shared Use Pathway connecting Pinion Road with Errecart Boulevard along
Lamoille Highway, and discussion of a strategy to equitably distribute the
construction responsibilities for the project, and matters related thereto. FOR
POSSIBLE ACTION
Council took action February 10, 2015 to complete the design of a shared use
pathway along Lamoille Highway. Previous action by council placed the public
improvement requirements for both sides of Lamoille Highway to be fulfilled by
contributing to a portion of the construction of this project. A cost estimate is
included in the packet as well as a breakdown of the adjoining parcels and the
amount they would be required to contribute once they trigger the requirements
for public improvements. Staff is recommending that once a property owner has
triggered the requirements for the public improvements they complete their
proportionate share of the project at a location along the pathway to be
determined by Staff. JD
Jeremy Draper, Development Manager, explained this is a shared use path from Errecart Blvd. to
Pinion Rd. It will be along the west side of Lamoille Hwy. Along there we have several
properties that are either developed or not developed at this time. When those properties do
become developed, that is one of the triggers of the required public improvements. We don't
want to see the Hospital do their little piece and have it there in the middle of nowhere that no
one can get to until there is a connection. He proposed a process where we meet with all of the
developers and talk to them about how they can get the project done for us. He felt they would
do all the mass grading first and then add the base material. There are some culverts that need to
be extended and some slope stabilization. We will save the asphalt pavement until the end so we
can do it at one time. Because this is NDOT right-of-way we have been talking to NDOT about
some possible grants to pay for a portion of this pathway. Thirty-three percent of this frontage is
developed, leaving 67% that is not developed. With the three properties that are currently
developing, that will capture another 21% of it.
Councilman Schmidtlein asked are you going to wait until all properties are developed before
you start paving.
08/25/2015
Page 6 of13
Mr. Draper answered he would like to see this done as fast as we can. In the meantime, if a
developer triggers those requirements, we make them do the work. We have had a lot of interest
in this area as oflate.
**
A motion was made by Councilman Schmidtlein, seconded by Councilman Keener,
to accept the design of a shared use pathway from Pinion Rd. to Errecart Blvd. as
presented and authorize staff to work with the adjoining property owners to complete an
equivalent portion of their project along the length of the project as determined by the
Development Manager.
V.
NEW BUSINESS
A.
Review and possible approval of a request by the Ladies Auxiliary to the Veterans
of Foreign Wars Post 2350 for a monetary donation of $250.00 to assist with the
program to commemorate the 50th Anniversary of the Vietnam War, and matters
In accordance with Public Law 110-181 SEC. 598; the 2008 National Defense
Authorization Act authorized the Secretary of Defense to conduct a program to
commemorate the soth anniversary of the Vietnam War and in conducting the
commemorative program, the Secretary shall coordinate, support and facilitate
other programs and activities of the Federal Government, State and local
governments, and other persons and organizations in commemoration of the
Vietnam War. SO
Lovia Larkin, President of the Ladies Auxiliary to the Veterans of Foreign Wars, thanked council
for their support in the form of the Proclamation for the Vietnam Veterans Welcome Home
Celebration. They have been working diligently to organize this event since August 2014. The
day of celebration will hopefully include a parade and reception at the Museum. There will also
be a dinner at Stockmen's. The Vietnam Veterans will have their dinner paid for but all others
will be charged $20 apiece. Everyone from the surrounding areas have been invited to join the
celebration.
Mr. Calder said his budget has room in it for this donation request. If council chooses to make
the donation it will come out of the City Manager's budget.
**
A motion was made by Councilman Keener, seconded by Councilman Schmidtlein,
to grant the $250 donation to the Ladies Auxiliary to the Veterans of Foreign Wars Post
2350 for use in commemorating the 50th Anniversary of the Vietnam War.
B.
08/25/2015
Review and possible approval of a request by the Ladies Auxiliary to the Veterans
of Foreign Wars Post 2350 for the Vietnam Veterans Welcome Home Celebration
Page 7 of13
Parade to be held on September 26, 2015 from 11:00 a.m. to 12:00 p.m., and
This one-time event parade is being requested to commemorate the 50th
Anniversary of the Vietnam War. SO
Lovia Larken said she has contacted the DOD and there will be a flyover for the start of the
parade by the Air Force.
Shane!! Owen, City Clerk, explained they have all the information in the packet. We also have
their insurance. This would be a one-time only event.
**
approve the request from the Ladies Auxiliary for a one-time parade held on September
26,2015 from 11:00 am to 12:00 pm.
C.
Review, consideration, and possible approval of an Interlocal Agreement for
Administration of the Senior Center Energy Efficiency Project between the City
ofElko and the Elko Senior Center, and matters related thereto. FOR POSSIBLE
ACTION
The Interlocal Agreement outlines the management and administration
responsibilities for the Senior Center Efficiency Project. This is a Community
Development Block Grant Project. The City of Elko sponsored the grant for the
Elko Senior Center. SO
Ms. Owen went over a few key points in the agreement. The Agreement is a lengthy document
with a lot of CDBG required documentation, exhibits and information. The Senior Citizen
Center has reviewed and approved the agreement.
**
A motion was made by Councilman Keener, seconded by Councilman Rice, to
approve the Interlocal Agreement between the City of Elko and the Elko Senior Center.
D.
08/25/2015
Review, consideration, and possible authorization for Staff to remove on-street
parking on the north side of Silver Street between 11th Street & 12th Street;
approximately 200 feet on the south side of Silver Street between II th Street &
12th Street; approximately 200 feet on the north side of Silver Street between 5th
Street and 6th Street; on the north side of Silver Street between 4th Street & 5th
Street; approximately 300 feet along the south side of Silver Street between 4th
Street & 5th Street; and along the west side of 12th Street from Court Street
southerly to the alley, and matters related thereto. FOR POSSIBLE ACTION
Page 8 of13
Dedicated right turn lanes at these three locations significantly improve traffic
circulation. DS
Dennis Strickland explained the map in the packet illustrated the proposal. He visited with all
the affected business owners. This should help immensely.
Councilman Schmidtlein asked if they are going to move the stop bar because everyone keeps
encroaching the intersection at 12"' and Idaho and the other two intersections.
Mr. Strickland answered that is what will happen. Our traffic engineer is going to ascertain
where that turn radius should be.
Councilman Keener thought it looked like a good plan.
**
A motion was made by Councilman Rice, seconded by Councilwoman Simons, to
authorize staff to remove on-street parking in the three locations referenced on Silver
Street and Court Street.
E.
Review, consideration, and possible approval of an lnterlocal Agreement for
Administration of the Downtown Storefront Improvement Program between the
City of Elko and the City of Elko Redevelopment Agency, and matters related
The Interlocal Agreement outlines the management and administration
responsibilities for the Downtown Storefront Improvement Program. This is a
Community Development Block Grant Project. The City of Elko sponsored the
grant for the City of Elko Redevelopment Agency. RM
Rick Magness, City Planner, explained this was considered earlier today by the RDA. He was
looking for Council's approval.
**
A motion was made by Councilman Rice, seconded by Councilman Keener, to
approve the Interlocal Agreement between the City of Elko and the City of Elko
Redevelopment Agency.
VI.
A.
Ratification of the Police Chief issuing a 30-day Temporary Packaged Beer/Wine
License, and issuing a Packaged Beer/Wine License, changing the current
location of Cucina Fresca to 780 W. Silver Street #110, Elko, NV 89801, and
Licensee Mandi Ratliff, previously completed a background check for her
Packaged Beer and Wine License associated with her kitchenware and home
08/25/2015
Page 9 of13
accessories business, dba Cucina Fresca. She has requested a change of address
due to moving her business to a new location. BR
Chief Reed explained this is the one from two weeks ago that he made an error on the action
sheet. This is strictly a change of location on this one.
**
A motion was made by Councilman Rice, seconded by Councilman Keener, to ratify
the Police Chiefs issuance of a 30-day Temporary Packaged Beer/Wine License and issue a
Packaged Beer/Wine License, changing the current location of Cucina Fresca to 780 W.
Silver Street #110, Elko, NV 89801.
B.
Ratification of the Police Chief issuing a 60-day temporary Retail Liquor License
and issuing a regular Retail Liquor License to Jose Monzon, Diego Zamudio, and
Jonathan Bailey, dba Himiko Steak House and Sushi, located at 780 W. Silver
Street, Suite 108A, Elko, NV 89801, and matters related thereto. FOR
POSSIBLE ACTION
Chief Reed explained this is a new one application for a new restaurant, Himiko Steak House
and Sushi. Three different people are involved in management and ownership. Mr. Bailey was
present. They have no issues on this one.
**
A motion was made by Councilman Rice, seconded by Councilwoman Simons, to
ratify a 60-day Temporary Retail Liquor License and issue a regular Retail Liquor License
to Jose Monson, Diego Zamudio and Jonathan Bailey, dba Himiko Steak House and Sushi,
located at 780 W. Silver Street, Suite 108A, Elko, NV, 89801.
VIII. REPORTS
A.
B.
08/25/2015
Mayor and City Council
Councilman Keener thought it was exciting to see the progress of the New
Police Station. He asked about the power lines and Jeremy Draper answered
they were completed already. He felt the RAC meetings wander and they take
a very long time. He felt it would be helpfUl for Rick Magness, Scott
Wilkinson and the RAC Chair to get together and look at scheduling the
meetings when it is more convenient for business owners. Councilman
Schmidtlein said he requested that about a year ago. It is difficult for him to
attend those meetings at 1:00pm. Councilman Rice felt there should just be
joint meetings because it doesn't make sense to sit through the RAC meeting
and attend the RDA meeting going over exactly the same stuff He is grateful
for the advice they are giving them.
City Manager
Page 10 of13
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
III.
Curtis Calder reported LASSO is holding their fundraiser to benefit the local
Animal Shelter. That raffle for the motorcycle will be held on Monday, Labor
Day. There are still some tickets available for $20 apiece.
Assistant City Manager
Utilities Director
Ryan Limberg reported that WRF staff intent to apply this winter for
reclassification of reuse water from Class C to Class B.
Public Works
Dennis Strickland reported on the Cedar Street public outreach meeting held
last night. Preventative maintenance/micro slurry work is going on this week.
Airport Director
City Attorney
Fire Chief
Brian Burgess, Deputy Fire Chief, reported that the Chief is away in training.
He passed out a copy of the Fire Watch Newsletter. (Exhibit "A'') The
firefighters are currently working the MDA "Fill the Boot" fundraiser.
Police Chief
Chief Reed reported the Firearm Automated Training System that has been on
loan to us goes back next Monday.
There is some availability for
councilmembers that would like to participate.
City Clerk
City Planner
Development Manager
Jeremy Draper reported on the progress at the Police Station, the Tennis
Courts and the Jennings Way project.
Administrative Services Director
Jonnye Jund, Accounting Manager, passed out a printout of supplemental
budget transfers that were made for FY 2014-2015. (Exhibit "B")
Parks and Recreation Director - Brian Mickels, Golf Superintendent National
Certification
James Wiley complimented Brian Mickels, Golf Superintendent, for achieving
and maintaining his National Golf Course Superintendents Association of
America Certification for the last 20 years.
Brian Mickels thanked council and the city that has allowed him to continue
with his education. Without continuing education he would not have been
able to keep up.
Civil Engineer
Building Official
APPROPRIATIONS (Cont.)
A.
Review and possible approval of Warrants. FOR POSSIBLE ACTION
Councilwoman Simons asked about payments to New World.
Jonnye Jund, Accounting Manager, answered those are annual fees.
08/25/2015
Page 11 of13
Councilman Keener asked about a "cone stencil" payment.
Dennis Strickland answered that was for the traffic cone and the stencil.
**
A motion was made by Councilwoman Simons, seconded by Councilman Keener, to
approve the warrants.
B.
Review and possible approval of Print 'N Copy Warrants. FOR POSSIBLE
ACTION
**
approve the Print 'N Copy warrants.
The motion passed. (4-0 Councilman Keener abstained.)
Councilman Keener asked how the Airport Project was going.
Cnrtis Calder, City Manager, answered the project is right on track and even a little ahead of
schedule. Everything is going well and Jviation is on site daily since this is a 24 hour a day
project.
Mayor Johnson asked about the airport billboards.
Mr. Calder answered they are scheduled to be up about the same time as the runway opening.
BREAK
VII.
PUBLIC HEARINGS
A.
Review, consideration, and possible action to adopt Resolution No. 27-15, a
resolution of the Elko City Council adopting a change in zoning district
boundaries from GI (General Industrial) to C (General Commercial), involving
approximately 0. 772 acres of property located generally on the southwest corner
of the intersection of Railroad Street and 12th Street, filed by Petersen Holdings
LLC and processed as Rezone No. I 0-15, and matters related thereto. FOR
POSSIBLE ACTION
The Planning Commission considered the subject zone change request on August
4, 2015, and took action to forward a recommendation to City Council to adopt a
resolution which conditionally approves Rezone No. 10-15. The conditions of
approval were normal City Code requirements. RM
Rick Magness, City Planner, explained this zone change is considering 2 properties. They will
be zoned commercial and that will give it more compliance to the proposed use as an automated
08/25/2015
Page 12 of13
car wash. The owner and the engineer were present in the audience. Planning Commission has
recommended approval.
Councilwoman Simons said she drove past one of those car wash facilities in Utah and she is
excited that we will get one too.
Mayor Johnson called for public comment without a response.
** A motion was made by Councilwoman Simons, seconded by Councilman Rice, to
adopt Resolution No. 27-15.
There were no public comments.
There being no further business, Mayor Chris Johnson adjourned the meeting.
Mayor Chris Johnson
08/25/2015
Page 13 of13
Agenda Item# _ _ _71_7_1_-_-_C-.____
Elko City Council
Agenda Action Sheet
1.
Title: Review, consideration, and possible approval for the Elko Regional Airport to
apply for a Nevada Commission on Tourism Marketing Grant (2015 2"d Cycle), and
2.
Meeting Date: September 9, 2015
3.
Agenda Category: APPROPRIATION
4.
Time Required: 5 Minutes
5.
Background Information: The airport in coordination with Delta Air Lines and the
Elko Visitors & Convention Authority would like to reapply for a digital "Explore
Elko" campaign in the Denver and Salt Lake City markets for the period May 1May 31, 2016. The grant application is for $5,000 with a local match of $5,000 from
the Airport Enterprise Fund. MG
6.
Budget Information:
Appropriation Required: $5,000.00
Budget amount available: $5,000.00
Fund name: Airport Enterprise Fund
7.
Business Impact Statement: Not Required
8.
Supplemental: NCOT Grant Application for 2015 Grant Cycle 2
9.
Recommended Motion: Authorize Elko Regional Airport to apply for an online
marketing grant through the Nevada Commission on Tourism in the amount of
$5,000.
10.
Prepared By: Mark Gibbs, Airport Director
11.
Committee/Other Agency Review: None
12.
Council Action:
13.
Agenda Distribution:
9/1!2015
PH::::vauct \._,oJ mm~~IUH 011 1 uunsm - l'>ievaua \JranL
.:':!)'~!em
Nevada Commission on Tourism
l'age
t
m
L
PRINT
Marketing Grant 2015 2nd Cycle
Grant 10:
Project Tille:
Grant Submilted:
CC-15-42
2014 Utah Marketing Grant
911112014 11:02:03 AM
Organization Information
Organization:
Address:
Phone:
CEO I Director:
City of Elko, Elko Regional Airport
975 Terminal Way , Elko, 89801
775-777-7192
Mark Gibbs
Submitting Applicant
Name:
Title
Phone:
Email:
Questions
Total amount of maichlng funds.
$10,000.00 were used as matching funds on this NCOT grant.
Number of volunteers utilized for this project
No volunteers were utlllzed for this project. The funds were directly used for marketing/advertising space on digital
media. SkyWest Airlines did provide "in-house" media design for the digital advertising media used on the campaign that
was an "in kind" donation towards this grant.
Total number of volunteer hours for this project
No volunteers were utilized_
Number of tourists your organization expected as a result of this project
5,000-10,000 additional business air travelers.
Number of visitors traveling more than 100 miles because of this project
All of the visitors were more than 100 mifes away from Elko. Sa!t Lake City, UT and Denver. CO were the target markets
for this campaign both are outside Nevada and both a far more than i 00 miles away
Number of visitors who stayed at least one night in a hotel/motel as a result of this project.
5,000 stayed at least one night in Elko.
Total number of hoteVmotel visitor nights spent in your area as a result of this project
5,000 stayed in hotels in Elko due to advertising E!ko as an air destination.
Project Total Amount (total expended for this project).
$20.000.00 was the total project/grant cost.
Was this project more or less successful than anticipated or as expected?
More Successful
VVhy was this project more or less successful than anticipated or as expected?
We obtained a significant amount of synergy and cooperation between Delta Air Lines. SkyVI!est Airtines, The Eiko
Convention and Visitors Authority and Elko Regional Airport. Design elements and marketing strategies pooled
resources and talent to provlde a high quaHty digital medla campaign advertising Elko as a tourism destination in both
Denver and Salt Lake City. SkyWest also assisted in the campaign by creating an air fare sale during the promotion
http://grants.travelnevada.biziprint.aspx?gid=28&orggid=2R l O&qtype=2
6/li20 15
period. Normally the one way airline fare is $220.00 bet\lveen Salt Lake City and Elko on a CRJ-200 passenger jet
aircraft. Due to the NCOT grant SkyWest initiated a reduced promotional one way tare of $176.00 between Salt Lake
City and Elko. This translated into a fare savings for all of the passengers of $88 per each round trip flight booked during
the promotion.
Overall, do you feel your project results compared favorably with your project goa!s?
Yes
Why do you feel your project results did or did not compare favorably with your project goals?
The effort made to coordinate between Delta Air Lines and SkyWest Airlines un a marketing grant that allowed
additional advertising exposure for these companies led to additional good wl!l actions taken_ SkyWest Airlines donated
"in-kind" advertising design services and Delta Alr Unes agreed to an airline fare sale tor fllghts to Elko, NV. Both of
these measures !everaged the $10,000.00 grant provided by NCOT and created a positive business climate for
encouraging tourism to the "Cowboy Territory".
Oo you have any recommendations on the administration of Marketing Grants?
Do not cut funding to the NCOT Marketing Program these grant dollars are critica\ to rural Nevada and are viewed very
favorably by private enterprise who are vita! to increasing tourism to Nevada.
If this -grant is associated with a fam tour, who were the partidpants?
No FAM tour participants were associated with thls grant.
!f thfs grant is associated with a fam tour please describe itinerary.
Not Applicable
http://grants.travelnevada.b!z!print.aspx?gid=28&orggid'c28l O&qtype=2
6!1/2015
Agenda Item #
Elko City Council
Agenda Action Sheet
1.
Title: Review, consideration, and possible approval for the Fire Department to
accept a Local Giving Grant of $2,500.00 from Wal-Mart Stores Inc. to assist with
cost associated with fire prevention education, and matters related thereto. FOR
POSSIBLE ACTION
2.
3.
Agenda Category: APPROPRIATION
4.
5.
Background Information: Wai-Mart Stores Inc. has established grants to assist local
agencies fund public education. The City of Elko Fire Department Prevention
Bureau has been selected as the recipient of a $2,500.00 grant for community tire
prevention education materials. Wai-Mart has been a great supporter of the Elko
Fire Department's tire prevention efforts for many years. MG
6.
Budget Information:
Appropriation Required: N/A
Budget amount available: N/A
Fund name: N/A
7.
8.
Supplemental Agenda Information: N/A
9.
Recommended Motion: Recommend approval for the Fire Department to accept a
Local Giving Grant of $2,500.00 from Wai-Mart Stores Inc.
10.
Prepared By: Matthew Griego, Fire Chief
11.
Committee/Other Agency Review: N/A
12.
Council Action:
13.
Created on 09/01/2015
Agenda Item#
--~'-"'""----'/l'-'-----Elko City Council
Agenda Action Sheet
1.
Title: Review, consideration, and possible approval of a proposed reviSion to a
release, hold harmless, and indemnity provision in the previously approved
professional services agreement (PSA) with Manhard and Artisan, and matters
2.
3.
Agenda Category: JlimlWBUSINESS
4.
5.
Background Information: City Legal Counsel drafted the initial PSA. This draft was
sent to Manhard and Artisan for comments and feedback. Feedback was provided
and reviewed by legal counsel. The proposed two word change was approved by
legal counsel; however, I mistakenly did not include this change in the final
document. RL
6.
Budget Information:
Budget amount available:
Fund name:
7.
8.
Supplemental Agenda Information: Professional Services Agreement showing the
proposed revisions
9.
Recommended Motion: Move to approve proposed revisions to language in
professional services agreement
10.
Prepared By: Ryan Limberg, Utilities Director
11.
Committee/Other Agency Review:
12.
Council Action:
13.
Council Agenda Distribution: Jack Reynen
jlreynen@:artisan-homes.us
Council Agenda Action Sheet
AGREE\IENT FOR PROFESSIONAL SERVICES
THIS AGREEMEI\T, nude thi:, .1Ltlby A~·
t
__ , '01 'i (hcrcina!tcr
the '·Effective Date·). between the Citv of Llko, a political tbclivision <1f the Suttc of
Nevada. hereinafter referred to a:, "C:ity.'' Man hard Consulting LuL an lllinuis
corporation, llcrcinafkr referred tons "Consultant'' and Artisan Easi LLC, a Nevada
Limited Liabilitv Company, hereinafter referred to as ";\rlis:m.'·
r,,,.
I.
The ( 'ity desires tn nhwin pmfessiunal services
the following project:
Preparrtl iQt)rtnd_Gcll11J1JeUoit \l f Engim:.e.rsd l'I:Jns Allll.Dr;Jvvingsjj lr \\~aJcrMriill
Installationjn ii]e Vic:initV1li'F•.xit29({, hcrcinal:cr referred t!l as the' ''Project."
2.
The City rcquir..::-: ccnain profcssilmal design sen-ices in connection \vitll
the Project, hereinafter referred lu as Lilc "prufcsc;icHJal services.''
3.
Consultant i~ able and dc:--.ircs in perform ~uch prnfcssinnr-d scrv!Ct'S
be required by City upon the krms <~nd conditions set forth in this Agrccmctll.
~~s
n1ay
4.
Artisan has. to date procured professional services fnnn Consultant in
relation to the Pn>JCCt and will convey to City all right, tilk and interest in tll1d 10 <,uc·h
profcssional.scrvicc'> provided, to include <lilY and all drawing-; and dc,ign plrms prepared
in relation thereto.
4.
The budget f,rr tile proiecl as devt·lupcd hv City anJ acknuwkdgcd by
Consul ian! and Ariisan is $15?5,922.25 (hereinafter tiw "Budgctc·d !\tmlunt").
Consultant !las made site ittS[kCticrns. consul led with ilw City and is fullv
ac'quaintcd with the requirements and scope of wr,rk of 'he Project.
5.
TIIEREFOR.E. City, Consnlwnt and .\rtisan. lor and in consickrali<Hl of
compensation lll be paid by City to Consultant and 1,1 Artisan a,; pn1videJ below, and in
further consideration of the nHl!lnd covenant~ contained in lhis Agrccnletn, agree as
fol!ow.s:
ARTICLE I
GENEHAL PROVISIONS
Section Ll Consullam agrees to perform the prulcssinnal >ervicc:; in conncs·lion
with the Project and comply with the terms and conditions set fonh in this Agreement,
which shall be performed in a lliligcnl manner in acL:nrdancc wilil the cuncnlly :~cccptcd
standard~
of pmfession~ls in the ::tpplicabk field nr industry. and shall provide Cit\ and
its cuutractor(sJ with infonnatir•n and dncumc·nrs rc·quircd in rllcm in order l<l minimize
potential delays iu the Project, resulting from circumstances within Ctl!F-ulranr·s control.
Section 1.2
The panic·.s unckrstand and agrcl' Jh,Jl ihls Agreement is for the
provi~lon or professional St'rYicc~, and Cunsult;ml agrees not tu assign or lr:lll'-fer it~
interest in or rc'>ponsibilitics under rhi;; Agreement. ( :onsullanl agree;, Jl<)t tu delegate lr•
those outside Con>rilranr's firm •he duties required to he pcr!nrmcd under llris Agrccmcn!.
except that Cunsubmt shrill haw the nghl r<• cn,:agc· other qurlliiied <lllthtil:ruth.
architects, engineers, and drrJftspcr:;on'i It' assist til tile prcparali•>tt ol the requir~J wnrk in
the manner provided herein. Consultant rcpresenh that at least one principal memiter uf
Consultant's firm shall be licensed to practice in the Sialc r>l Nevada )(1r the cmire h'rm ni
this Agreement. Consultant lunhcr agr<rcs thai if, at .my time· alter r.he commencement of
the s~rvicc:o; under thh AgrcerncnL ihL' firm -..;hal! t:casc to be cng<:!gL'-d in licensed
engineering. architecnm: or any other professional praclice in the Stale ni' \!c\·adn wltic·h
requires licensing in order tu perform the ptokssiunal 'crvicc,. ur otherwise shall he
unable to perform lhc profe ..;;sion;d ~crvio.;s under /he i-\greemcnL or if any of !he
principal members uf the firm shall die or become insolvctll. City will then ltrrvc ;Jw right
and option to tcrminme this Agreement and rile cmploymcni ni Con:;ult:mi undn thi'
Agr~emc:nt. In the cvcnl of such a termination. Consultant shall be Cili11Jl<'nsatcd for
service, performed to the date of such 'crminarion in accordanc·c with the provisinns
Artick X PI this /\grecmem. City acknowledges thai Cunsull;mt is liccoscd as a
Professional Engineer and Survcyot in the St;llc of 1'\cv<:ldi-l, Prufl'ssion;-d Engineer
License No. (>747.
,,f
Section 1.3
All time limih -,uted in this ;\grccnwnr t<rc of the essence.
Scdion 1.4 Conwltanr. in designing tire Prujcct. shall usc its pmlcssiun:Ji cl't'orts
to lake into considcnrr.ion the Prnjcet. 's rclatiDn (IJ cronmwnil) inlcr'l's\s and iiLljacc·m
developments, and its cnvirorllncntal impact. These c!'t'o:ls shtll be rli ur ;r[lllVC indu:,trv
standards. To this end. Consultant shall :!'.sis! Ci'y in making r,rpcH'h rtnd prcscrltations in
conncciion with these ibpects nl :ilc l'rnjcc·t tc• all i'cdcr,rl. stale and louli pub lis· agctrcics
having jurisdiction nnd;or other cummunitv ,,r related intcrc·sr groups. ;rs ''pplkabk and
outlined in the Consul!:wt'.s Scope of \Vurk. Consulr:ml sh:illuiilize ami im:urpurntc imu
the Project, to lite maximum cxlcnt pn<rsilclc. ,t!l clncumccnts. clcsie:n plans. drawings.
schematics, data or any written ur digital materinl preprned by Consul tam :md acquired by
City from Artisan pursu0nt to this :\grccmcnt.
Section 1.5
Ciry reserws tlw right ro cmpluv other cPnlractors. c·nginccrs and
consulrants in connection wilh the Pro_k'-'1.
Sedion 1.6 City will have the right to re:Nmahly disappm1·c m rcjcc'l any
)
portion of Cunsultanrs
prnrc:s~ional
scrvit.'C'-> on the Project, !nc!ndlng: hul nnt !imik'd 1u,
schcmatiL· design studies._ de<;,ign s!udics and cnn~tnll'tiun document~ for any rca;-;cHL
including. but not lilnit~u to, aesthetic>. nr becmsc. 111 City's opinion. tile cnnstructiun
cost is likely In exceed the maximum construction budgc:t fnr the f'n,jcct.
Section 1.7 ;\II As-Built drawin_c'> -;ilalllw prepared and -.u!lmiucd to City 1n an
eb:tronic !\utoCAD lonmll.
S~el'tion I.R Redesign Resp,msibilitcc>- The Ccnsul'canl shall be required IP makcneces:-;ary conec1ions allh) costtu lhc City ~)l i,lk11 \Vhcn the desi~ns, dra\-ving...,,
specificiltions, or any other ilcms ur services undc1 tin,; ;\grcunenl, either from
Consultant or Artban. contai11 t-n<Jrs. clcr!cicJK'ics~ in,ldcquacics. ,)r dn not meet n1inimum
requirements of local, state and federal agencies aml1or OSHA standmds.
AUTICLE H
OTHER CONStJl:rANTS
Section2.l Unless specifically dirccJecl otlll'rwisc
Cicy, Cl•nsullanl shall.
suhjccttG City's prior wrilten approval llltlie smnc, rllain and administer rlw wcnk of
lmtsidc consultants cnga~·-":t'! by C\,nstdtanl tn pcrf,_Hm portion:-. ,)f Cnnsultant's Scope oi'
Work.
Section 2.2 Lxcc·pl as l•llwlwisc provided herein, C<'nsu!trmr shrrll not cngdt;c :mv
outside consultants for Hw PrnjccL
Section 2.3 Consultant will CllUrdinCJic and cPopcratc with other consHilrlnls
retained directly hy City,
ARHCLEHI
CONSTJLTANT"S SERVICES
Section3.1 The profcssion;rl c;ervices to be rendered hy Consultant as prc1vidcd
in this Section shall constitwe and collectively be Cillkd lhc "·\V(lfk." The Work is set
fonh more fully in the Scope ol Work att1rchcd hcrl'lo at Exhibit"!," which;,.
incorporated herein by til is rdcrcnce_ Con,;ultant :,hall JKrlorm the \Vork '" '>cl forth and
described in this Agreement,
Section 3.2 Consultant's ScrvicTs sh<ill include prc•kssioual disciplines required
by the nature pf the PrujccL Omsultant shall alsn prepare and supply lu City the
0Jnsultant",; engineer's npinitlJh llf prol1abk Cllsts as lmihcr del'illcd in this Agreemem.
so as to a<;sist City with City's dfons !Cl prevent the tot:tl cost of the Pruject lrnm
exceeding the Budgeted ;\mounL
.)
Section 3.3 Any and all consullants retained hy Con'>ttltanl f,>r Services 'illal! he
first approved in writing hy the C:itv.
ARTICLE IV
TIIVIE OF SERVICES
The services of Consultant shall begin within lour (4) c·alcncbr days of being
notified to prncced I'Y the City Public Llilitics Dircctrn nr his dcsignilted rcpre<,cnlative
and shall be prosecuted to eotrrplction with tlw necc·<,scrrv. documcllts delivered to the Citv.
in no case more than ninl'lv ('JO) calendar days a tier the l'llcdivc Date'.
AIHICLE V
ClTY'S RESPO:'\SrBIUTIES
City will, as neccsr<tr y, pruvidc Cunsullant with inlurmation rmd
criteria outlining City's ubjecrives and functinn~rl requirements for the Project.
Section 5.1
Section 5.2 City has, by this Agr~cmer:t. informed l\irbultanl of tire Unclgcted
Amount for the Project. Any runhcr costs will require· additional iippruval !'rum Cirv ~md
will be Set forth in an appropriate addendum to litis Agreement. l\otwithstanding the
foregoing, nothing hcr~in shali be interprcll':d as a \Vt!ivcr o! Consultmt·s obligation \o
complete the Project in such a HMHth:r rhr1t lhe total cust fCI ;he C'iLy
i~
ks;-.. than or (;qual :u
the Bmlgctccl Amount
Section 5.3 City \vill m;1lntaln c1~1sc li:ti'-:nn \Vilh Cnn~ultanL and through
Consultant. City will designate, when nccrcssmy. rcprcscn:nrivcs :tulllllrizcd l1r act in rh
behalf. City will examine documents submirkd bv Cunsultant arrd sh1lil tender ckcistotrs
pertaining To the Project lt1 Consultant promptlv tr> avc1icl tnncchnnablc llelav in !he
progress uf Consultant's services. City will dcsigrtalc its representative for Ihe Pn,jecl.
which representatives may c!nngc fn1m rimc~tcHime.
ARTICLE VI
CONSULTA.NT'S COMI'ENSATIO:\
City will compensate Consull:rnl in accordance with the !cnns and conditirHJs nl
this Agrccn1C-nt as CoJ]o\VS: For CnnsullaTl1 '~basic ~crviCc.":-, a<; th:·scribl'cl in :he Scope or
\Vnrk rlltachcd hcrclu a! Exhibit "I," City will pay to Co!NliLlllllhc fcc (in this rdcrrcd
to as the "basic fee'') on a Time ~rnd materials basis with t.lll' kc lntalnt't to~c·xccc·d of
S3X,2HJ.OO.
ARTICLE VII
PAYMENTS TO CONSULTA.1\TS
Payment for lite Prukssioinl Services in ',he. manner set fr111h in this A§!:rccn1cn:
will be made by Ci1y to Consul Jan! and will he· c·nnsidcrc·d as full CDmpcn-,:uicmlnr ;Ill
personnel, materiah, supplies and equipment usc:d in C<~<rving clul the \Vnrk.
I.
Consullanl shall pruvidc I he City with a monthly dctaikd invoice indicaling
the perccntrtgc of work compiell:d for c'ach usk lu date and 1iw u "t nl wurk
cmnpktcd, as outlined in !he Scope: elf Wmk :ctiachd lwrc:o :l\ Exhihit "I.''
City agrt.'c·s to pay' correct];,. submitted Invoices \ViLidn 45 day:-. of lhL: dall' o!
rcc·cip1. C:onsultm1i may su-.pCIId profcsc.iunal services 111 the t:\'c·nr th;tt an
invoice remains delinquent
Ct)f 7~
LLJ_ys fH>nl date
llr
in\'t)icc.
'fhe budget fen ro1al charges fiJr services owihoriLeJ by this Agn:cmcnl ~~
established un the: IJJcctivc Dale and sliailn<>l he exccccdcd withom prior
authorization by Cit\.
The hud).!cl
llldl. lx inc1utscd h1. anh:ndmc!ll hcre<<l
.
·if nce-csst1ry t(l cumpklc tlw S<f>pe nf Vv'ork or in the cvl:nt or tt <.~hange in
the Scope ur \Vurk. pwvidcJ all City appnhai requirerncntc, are meL
Cmsultam shallnPiify City prior to c'.xpenditure ,,f eightY percent (Xfl''i,) ol
the bmlgct if the need fur a budgcl innccasc is anticipated.
"
3.
Citv 11ill have the right to wilhht,ld from prtymcnh due Cnnsull<~nl any
sun1s nccL·ssary to prntect City from and against any ln(,~ or d;m1;1ge \\'hich
nw:y re-su!1 from r11.:gligcnc.,., or nnsmlsl"aclilfY ~cn,ices nf (\msu!t(l!ll l"ailurl'
by ConsulLlllllll perform his obligali<JnS, or
inb fikd against Cunsullanl
or ( ·ily relating to Ct)f1Sui!:mr's negligent pcrft;rmancc t)f :--:crvict.::--; t.lf \\'Ork.
AIUH LE VHl
SI.ISJ>ENSIO:\ OR TERc'vHNATION OF PERF<HL'\1ANCE
Section Kl City may, at any 1imc and fc,r an\ rc<N'll, dirccr (ntbuiLml In stop
Consuitant's performance under this ;\grcc:mcnt
a period nf time. Thi'> dirccli<111 \viii
he in writing and will spccil'y the period during which the service<. arc· il' i'c s!nppcd.
r,,r
Consultant slwil rcsuJnc services un the dale spe;.:[fk.d
rhc din::i.·.tiurL or on any (lih(·r
date as City mav subsequently -;pcci l'v in wnting. The period during which services siwll
have been stopped shall be deemed added to the time fixed J,l!, perfonn;mce. Stoppage of
services under this Section shall not _,
:?iv'": rise lo anv cb!Jn ;il.:_~lin:;.t
CitY.
'-"
~
'
Section 8.2 City may. ai any time, \Vilh or wilhoul e<tLN'. terminal\' this
Agreement hy wriucn nmicc to Cnnsul!nni specifying the !erminalion cb:c. wllid1 will he
not less than s~V\lll (7) d~oys from the cbie notice is given. In Ihe event ;1! tcrmin;:Jinn in
lhis manner, Consultant shall he paid '-Udl anwunl as shall et'lnpcnsa:c it !'or the por:inn
nf !he servh:c~ ;)tlti:.:;f"actorily performed prior tt) the Lt'rminrllinn da c. Tcrn1iuation upun
this Section shall not give rise to any cl:um against Ciry.
Section 8.3
L
In the event that:
Consullalli shall for any reason or :hrnugh ctny caw;,· nnclc;r Cnnsuitanl's
cnntrol. nor have CtJmpleted perlt>lllHlltcc within tlw time fixed f"t
performance under hi~ Agrccmcn:: nr
l
Consulwm shail olhcrwisc he in dcLnrlttlfldcr this 1\grc'<.Oment:
4.
llr
City will give Consultant written notice thrtt in i:s opinion. the C<1nduct td
Consultant is sudr that the: interest ur Cit\ arc: ·likely tube impaired ur
prcjudic·ed. slating the fach un which the upinion is based: then Citv may.
on writlcn nutke IU Consullanl irnmcdiatcJy lcrmin.!lc rltis i\grccrncnl lt>r
cansc.
On Lc:nninaiion. Consultant shall be· entitled lcl payment or such
arnounr, 10 be dercrmlncd by City, as shall f;~lrlv cnmpL·nsak it for tllL: SL·n--iccs
Section 8.4
satisfactorily performccl10 the tcrrninati<ln delle: pn>vidcd. howewr, :l>at:
1.
Nothin~
in this Secion i:) lobe cunslrucd :--,0 a::, 10 \c!;,C\T CtmsulL:Jll! lr~lrn
liahi!itv ~~nd/or damaPCS ~ustaincd hv Cl1v a~ a rc"iul! of anv hrc<k'h hv
Consultant of !hi~ :\gnxm~nL and payment hy City to C\Jnsu!tant nf any
monks pursuant to chis Sccthlll shall not brH Ci:y from :lll\ and iii! renwdics
it may urhcnvisc ha\'l' a~l<linsl C:on~ultant ror anv L1ilure of C\)n:>ultanl 10
ptTfurm his :)e rv ice.~ in <lC~:tJrd(t:lCc \Vi r.h !h l~ ;\gn,'L"l11Cl1 t:
~-111v
-'
~-
:")
"
-
w
"
2.
No amouut slnll be paid tn C\>nsullanl umkr :his Scuion un:il the services
re4uired to he performed to the agreed pcint of srtspctbiOil or ternrinaiion
has b.:en salisfaclorily con:ple:ed as rca ..,onubly dclcnnined bv Ciry:
3.
Payment by City W ( 'om:ui(ant ,rf ilny munics pursuant to :Iii,., Scc:iPn shall
not bnr Clty fro111 any and ~dl remedies ii may nthc-rwisc ba\T againsl
Consultant for any [;,iltrrc uf Ct>nsultani ln pcrfpnn his scrvic·cs in
accordance with this Agrccmcr11· and
(,
'+.
In the event of terminatlun of this Agreement fc1r any reascm. CcHhul':lnL
upon being paid in lull lm all 'erviccs completed under this Agrcc·mcul.
shail ch;Ji\:cr !u City the unnplete sc:r u( all llriginal dr:nving~ prcparl'd In the
dntc o.f 1L'rn1inatiu1L Clty wi!l lwve Iht right 1D U'-ie !he ide~JS <-JtH.l design~
contnincd in tlii' Agrccrncnl licr tile cPmplction <ll the Project: in Ihe event
of termination crf this Agreement Pr upon completion of the Projccl, C:il)
rna_y, at all tirnes; rclaiu the uriginals of all such drd\Vings~ ori~innl~ i.d.
renderings, special arl \vork or mchlck All drawings, plar"'· spccificatinns,
renderings and rnmlcls, crtc., arc the propertY or Cily. Tlrcv ar,, not to be
used by rHry person or her than City nn other pWJCCh unkss expresS!)
authnriLcd by City. City agrees :hat Crnr,ul:ant shall tlllt be· rC"JWn,.iblc [,n
any work which In' nut been c'Omplctcd :rs !l! the tLI'c nl:crmination unrkr
thls Agrce-n1cnL.
ARTIClE IX
CONSULTANT RECORDS
Consultant shall keep, and c,hall require each consultant c'ngagcd under this
Agree-ment to kccrt (K'Ctnale hopks nf record~ and accnunh in a1..·cordancc with sound
accmmting principle'>, of aJI cxpemliurres made and all projcc'l u•sts, liabilities and
ohligations incnrrL·d under this /\grccmcnL T'hl~sL: acL·nunl~ shall be :tvailabk un
reasonable request to City for cxamin:rlirrll and audit.
ARTICLE X
INDEMNITY
Section 10.1 ConsuLant shall her liable co and a:c,rccs lc1 indemnify, de tend ami
hold harmil:ss City. each officer. ac:,cnt. attrmlr'y-in-lact and cmpi<Jycc uf City, Cit\'
against all claims against any or then1 flfr PL'f'-'l)!Wl injury: l)r wrongful death l)f JX;_JpL·rty
da1nagcs to lhe extent cau-.:cd by the ncgligcn: acl, error cw omission tn rlci in the
pcrfornwncc of Cunsultant)s Professional Servit:c~ or by any ncglige1l1 act, cnur or
oniission !o act in the performance of an). l:on:-.u!lani tu Con~u!lanL in the exccu!iPn ur
performance of this !\greemenL This prnvist<lil applie'
econornic dan1agcs.
ill
bntlr
eCUIH!il1ic'
and uun-
Section Hl.2 ln the event that both City ami Cow.ul:anl are jointly the pruximrrlr
cause rJf any liability or damages. then in :,uch event eacl1 pHty will I''' liable for that
portion of the damages rtnd claim c·osts rc:,ulting tlrcrd'rum which is in an amuunt cquul1r1
such party's comparative 'hare of the con1hinGd negligence of the panics.
Section 10.3 Consultant will indemnify and dcknd the Ci:v ag:Jilhl all claims,
darnages, h)sscs and expense) including at!orncy's tees~ :o the (~•::tcm causc.d by
Consulmnl';; negligcm performance of the Work ur resulting i'n1m CPthuHnnt"s failure lcl
perform its contractual ohligmir,ns In City. except for the damages rcH!Iting frum the
negligence of Ctry
ARTICLE \J
Il\iSURANCE
Scdion 11.1 Cc1rhtdtmt shall insure and sh;dl require each of his cunsttltants "'
insure agninst ilte fclllowing risks :or he ex lent ,luted:
l.
Consulrant shall mrjm,!in the l'o\lowlng insur(llh.:c, :tl i1s own expense:
a.
b.
c.
d.
e.
Worker"s Compensation and Employers J .icJhility in the sum of
S I ,OOO,OOOJIU;
Cummen:ial general liability insurrmc·c including hlankt'l contrctc'lual
lbhility-·, hroad form property damug~. pc,r;:.orLJl injury, cnvcring dS
insured Cc'ttsull<tnt and City wi:h nol kss than the lil!lnwing limirs n1
liability: Bodily Injury :.nd Property Damage' ($1 ,iJ(IO.OOIJ.OIJ)
combined singic limit ill1d $1 .OOO,O(lU per occurrence fen· bodily
injury. pwpcny dam<1gc and pc:r'C'ILd injury. Consull:nll shall
maint:-tln a ~imilar pn!i~_.·y of insurance (XJVerlng a~ in>;ure-d each
cunsultanL City :md;or City's lcmkr, if so dirtrcrcd by City, willlw
spcciiically nmned as rtdditional inc,urccb un:lresc policies:
Comprdk'ns]>,;c awomoblk !i:1hil!t_v covering all o\vned, nnn-.o\VJ1l:d
or hired au:omnbiks to be· used bY Consultanl :utd Cdc'h ol
Consultant's consulumrs in :he amounts ul $1 ,IJOO.illl(I.O(J ,_·ombincd
single limit and $1,000.000 pc:r rJccuncncc for bndilv injun and
property damage:
Cun~ultant's prolessionalllt.~bi!ily in~ur~-HlCl~ U)\.'cring kg,al !idhility
cauSL'd hy error') and umissinns ;-trl'-'ing tHJt of pt·-rforrnance and
profc7-si,Hwl "crvict..'S in l\JH!ll'L'tit)\1 \Vilh the Project and covering as
insured Ol!hultant with (S I ,OOO,Ufl(WU) limit of liability, ilm! tltird
party consultan:s which shall he cuvcrud r"r an mnuunt ''f lirrhilitv
approveJ by City in l·acl1 case. lf the agret:d cuv~:n.1gc pru\'~~ !HJ11o
be available for any reason, C'onsuliam shall rcquL'Sl approval from
City l'c1r a revised amou;rl as apprnprialc, whkh approval will Ill' I be
unreasonably witlihuld; and
Consullanl and each ul its consuliruds shall pro\ ide nul k:,s Ihan
S I ,OIJO,IJ(li).I)(J n,:ess of I he limits rrs noted in Suhseulii•n (b)
cotnrrchcn~lve genera! liability in~urancc :tiH.l (':) cumpt\'hcnsivc
automobile li::bili:y<
In addition ',o 'J1c above, Cuusultanl shail main:;,in such i!Nlfllflc~cc limits :u or
above that which is reasonably required lor 1 he type' :md Sc'OJlC
wrtrk performed.
Before h;ginning work. C'tltbtdtant sl!alllurnisli 1tll im.urancc certilindcc; pert;,ining to
tlw Project to City and shall provide: proof oi' c·,,v,:rag,; upon request by Ci;y at nnv time
during the term ol1his Agrcc·menL
Sedion 11.2 All required ill'tlfatlCC slullhc maintained with rcsponsibll:
insurance carri;;;rs qualiried to do bu~incss in 1hc State
Nc\<tda. /\s :-;UC!ll a:--: prt-Jl'til...':lhle
tm execution nr this Agreun~nt and hclore mmmcncing :my performance' umkr tlus
Agrc.:ment, Consul1.an1 :1h;ill dc.pusi1, and slwd
cmJS(:
each
DJ" hi~ ~.,_:pnsuJ1aJJL"'
rn dcpnsiJ
certificaie.s of insurance h.:.:aring notations or accon1panicd by other r.:vldclh.:e ~atisLtc!~;ry
to City of lhc pavment or premiums. Tllcrcal!cr, ccrtirication ,)[premium payment and
ccrtilicatcs or insurance cvidenc·ing policv rcncw;d shall he dcpchitcd with City rhrl lc,s
than ten (Hl) days hdorc the expiratiun dates ol the cxpinng pulicics. In the case of
valuable paper~ insurance, odgin;,J! pt)!ick:.;. not \..'t~rtificues. musl hL· dcpuslkd.
Section ILJ Riders providing sub:-tan:iaily a'i J(,Jiows slialll•c nude: a pan Plthc
insuranc'c policies described above in :hi:< Agicemcntl
L
The lnsurancc company agrees lhal it \\'i!l gi\'t' f! :hiny (30) day priot
wril!cn notice of any lllll'.cri;II change in or cancdhrl.illtl of rmv uf the
covcr:-tgcs shdwn in thi~ Ct.~-rtificatL:;
Notice of accident sha[! he given hy Con:::.ullant tollle insurance cumpany ;h
required under tile lcrmo, oil his pc:licy, or rwticc of cktim shr\ll be· given by
Ciry to the insurance company''' required undn tile terms of rhc p<dicy.
Notice to tire insurance· curTtpany by ci:hcr party shall be dc·emed suf'ficicnt
notice umkr tlrc policvr
3.
The presence or rcprcsent:Jtives ul' Citv· '.ll uthcr autlwri/cd persons ntl the
Project site shall not incalid:Hc this policv:
4.
Violation of any ul the terms ilf amo:ircr pnlin !:;sued bv the insuratlcT
company shall m:l hy itself invalidate this policy: rmcl
Save and except for worker's cornpl'lhation, employer's liability 01
proicssional liabilitv insurance, City is named and recognized r1s additiPrlill
insured to the \\,--!thin insunnll'C puiicics a~ required hy !his r\gn;(:fllt'nL
Section l 1.4 Tile insurance polici;:s licscnhcd ahoYc in rhis At:rcuncnt slnll he
kept in force lor the periods specified below:
L
Comprehensive gcncr:li li;lhililv insurance shall he kept in furc·e until formal
VvTittt'H acceptance of the \\Ork bv Cun~ultwf and ( 'lty;
2.
Vtdtwblc papc;rs insurance· shall be kept in Ioree until furmal writtcn
acceptance by Consultant and City;
l
Workers· compensation amh)r c·mplovcrs liability insu;ancc shall be kepi in
force until fnrmtli wntlcn acceptance of the work by LHl'iultant ami City:
and
4.
Consultant's professionalli;rbility imcuranca siJ<dl he kept in force fnr two
(:2) yt:ar~ after final pay. mcnl fnr the prdfc~si(;nal ~ctviccs.
ARTICLE XU
NOTICES
All notices shall he made in writing and may he given by personal delivery or by
maiL Notices sent by mail shall be addressed to the design~tcd responsible person or
office:
To City:
City ol Elko
1751 College Avenue
Elko, Nevada 898Ul
To Consultant:
Manhard Consulting Ltd.
3476 Executive Pointe Way
Carson City. Nevada 89706
and when so addressed, shall be deemed given upon deposit in the United States
Mail, postage prepaid. lu all other instancr:s, notices and invoices shall be deemed
given at the time of actual delivery.
All payments are to be mailed to:
~;~~~ ~;~ (ltvd/t'?t~:J 6£?
'?5?65
cj:q:f(
10
unless otherwise informed on the face of the invoice.
ARTICLE Xlll
OWNERSHII' OF DOCUMENTS
Section 13.1 i\11 drawings, plans, specifications and other documents prepared by
Consultant in connection with the Project arc prepared as "work made for hire,'' <JS the
phrase is defined in Section I 01 of Title 17 of the Lnited Stares Code. and all title,
ownership and copyright privileges are and shall at all times be in City, upon Consuliam
being paid in full for all services rendered under this /\greernenL
Section 13.2 Consultant agrees, when requested by City, to immediately execute
any reasonable documents evidencing and acknowledging the ownership of all drawings,
plans, specifications and other documents in City.
ARTICLE XIV
PROFESSIONAL COT\SULTING SERVICES
Consultant shall not engage any engineers and other consul rants without the prior
written approval of City. Consultant shall be responsible for the performance of the
Work of all engineers and consuliants engaged by it. ·rhis shall include the maintenance
of schedules, coordination of their work and resolution of difference between them.
Consultant shall pay to any engineers employed to design any pari
the Project fees
commensurate with the professional services rendered by such engineers. It is understood
that all engineers and other mnsultan:s engaged by Consultant arc independent
contractors to Consultant and not to City and Consultant alone is responsible for their
work.
or
ARTICLE XV
ARTISAN; PATENTED ANUIOR PR<WRIETARY ITEMS
Section 15.1 Artisan shall and hereby does assign, transfer and convey to the City
all its right, title and interest in and to any documents, design plans. drawings, schematics,
/}1:
data or .any writren or digital mater..ial prepared by Cons.·ultant in any. nu·r.nner pertaining to
lhe Project, to mcludc any mtcllcctual or propnetary nghts tlrcrcto~and.shallr/~~
~
indemnify and hold harmless the City with respect to any clair11:rim~/g'fro~ smd
/"'
assignment, transfer and conveyance. In exchange !'or the foregoing, the City shall pay to
Artisan the sum of S 120,712.25, which amount shall be due and payable to Artisan twenty
(20) days from the dale Artisan delivers to the City all written and electronic material
described in the preceding sentence.
/J
II
1
Section 15.2 Except as otherwise specifically provided herein, Consultant shall
not, without the prior written approval of City, specify for the Project or necessarily imply
the required use of, any artick, product, material, fixture or form ol' construction, the use
of which is covered by a patent, or which is nthuwise cxclw;ively controlkd by a
particular firm or group of firms,
ARTICLE XVI
MONIES WITHHELD
Section 16.1 When City has reasonable grounds for believing that Cunsultant will
be unable to perform this Agreement fully and satisfactorily within the mutually agreed
time limit fixed for performance, then City may withhold payment nl any amount
otherwise due and payable to Consultant under this Agreement. Any amount so withheld
may he retained hy City rm any period as it may clcem advisable to prokcl City against
any loss,
Section 16.2 This Section is intended solely for the benefit of City, and no person
will have any claim against City by reason or City's failun: or refusal to withhold monies,
No interest will be payable by City on any amounts withheld under this Section. This
Section is not intended to limit or in any way prejudice any other right or City.
ARTICLE XVII
ACCEPTANCE OF Fll\'AL PAYMENT
The acceptance by Consultant, its successors or assigns, of any payment made
under this Agreement, or or final payment due on termination of this ;\greemcnt, shall
constitute a full and complete re.leasc ol City from cmy and all claims, demands and
causes of action, including lien claims and demands for payment for labor and material
which Consultant, its succes<;ors or assigns have or may have against City under the
provisions of this Agreement,
ARTICLE XVIII
LIAJHLITY
Section lli.l Any claim made by Consultant arising out of any act or omissinn by
any officer, agent or employee of City, in the execution or performance of this Agreement
will be made against City and not against the officer, agent or employee.
Section 18.2 Consultant shall require each consultant to agree in its individual
contract with Consultanlnotto make any claim against City, irs agents or employees by
reason of that contract.
12
Section 18.3 Nothing in this Agreement shall be construed to give any person.
other than City and Consul taut, any legal or equitable right, remedy or claim under this
Agreement, but it shall be held to be for the sole and exclusive benefit or City and
Consultant.
ARTICLE XIX
ADDITIONAL PROVISIONS
Section 19.1 Integration. This i\greemcnt shall constitute the sole understanding
of the parties and supersedes all prior negotiations, statements, instructions.
representations or agreements, either written or oral. As between the City and Consultant,
this Agreement may be amended only by written instrument signed by both City and
Consultant As bclwcrcn the City and Artisan, this Agreement may be amended only by
written instrument signed by both City and Arlisan.
Section 19.2 .Choice of Lny,Jmi~dictiorJaridVentrc. This Agreement shall he
governed by the laws or the State of Nevada cmd jurisdiction and venue for any legal
action shall be in rhc Fourth Judicial Diqrict Court in and for Elko County, Nevada.
Section 19.3 f:l\'.i!Ili!lg:i. The Section headings are for convenience and reference
only, and in no way define or limit the scope and contcnr.s or this Agreement or in any
way affect its provisions.
Section 19.4 Waiver otJ.myTri;Jl. The pmti<:s hereby uncondiiionally 1vaivc their
right to a jury trial of any claim or cause of action based upPn or arising out of, directly or
indirectly, this Agreement. any dealings between the parties relating to tlr<: subject matter
hereof. and/or the relationship that is bccing established brtween the parties. The scope of
this waiver is intended to be all encompassing uf any and all disputes that may be filed in
any court (including, without limitation, contract claims, torl claims, breach of duty
claims, and all or her common law and statutory claims). This waiver is irrevocable,
meaning that it may not be modified either orally or in writing, and the waiver shall apply
to any subsequent amendments, renewals. supplements or modifications to this
Agreement. In the event of litigation, this Agree men! may be filed as a written consent to
a trial by the court.
Section 19.5 Attomcy's Fees. In the event of any litigation between the parties
hereto arising out of this Agreement, or if one party seeks to judicially enforce the terms
of this Agreement, the prevailing party shall be enti:lcu wan award of all reasonable fees
and costs, including, but not limited to, reasonable attorney's fees.
Section 19.6 Successors <md Assigns. The parties may not assign any of their
lJ
rights or obligations undn this Agreement. ·rhis Agrc>cmcnt shall be binding not only
upon the parties but also upon their respective heirs, personal representatives, assigns and
other successors in interest.
Section 19.7 Time. Time is of the essence of this Agreement. In the event that
any date specified in this Agreements falls on Satnrday, Sunday or a public hc,Jiday. such
date shall be deemed to be the succeeding day on which the public agencies and major
banks are open for business.
Section 19.8 License Required. The Consultant must obtain licenses required by
law applicable to Consultant's Scope, of Work.
Section 19.9 Submj~si()rtQ[R<:9onLQ,rawings BcJorc Finf!!J:\1Y[I1~nt. Before any
final payment is made the Omsultant shall submit a ser of record drawings for the project
to the City for approval, i[ preparacion of record drawings is within Consultant's Scope of
Work. Submit one hard copy set and one electronic copy in AutoCAD .dwg format.
Section 19.10 fmce Majeure. Should performance of professional services by
Consultant be prevented hy causes beyond irs reasonable control, Force Majeure results.
Force Majeure includes. but is not restricted to: acts of God; acts of a legislative,
administrative or judicial entity; acts of contractors other t11an contractors engaged directly
by Consullant: fires; floods; labor disturbances; epidemics; and unusually severe weather.
In the event of a Force Majeure, Consultant will be granted a time extension equal to the
amount of time during which per[ormanee is prevented and the parties will subsequently
rwgotiate an equitable adjustment in good hith reflecting the reduction in price of any
pmfcssional services which were prevented by the Force Majeure.
Section t 9.11 1\l! signiJ!uresre_qujred, This Agreement silaU become effective upon
the last signature of the three parties hereto.
IN WITNESS WHEREOF, the pmtics have executed this Agreement on the dale
first written above.
(Signatures
011
next page)
MANIH.RD CONSULTING LTD.
14
ARTISAN EAST LLC
CITY OF ELKO,
a Municipal Corporation and
Politkal Subdivision of the State of
U (l
Nevaf/7
V
By:~,;
Title:
mIA'JOI'
ATTEST:
1 )vCL"'JfJ (f)~
SHANELL OWEN, City Clerk
15
fxh,b~+
r·.t"
Manhard
July 6, 2015
Mr. Ryan Limberg
City of Elko, Utilities Director
1751 College Avenue
Elko, NV 89801
RE:
PROPOSAL FOR ENGINEERING SERVICES FOR THE CATTLE DRIVE WATERLINE
PROJECT LOCATED IN ELKO, NEVADA.
Dear Mr. Limberg:
We appreciate the opportunity to submit a proposal to provrde engineering services to the City of
Elko, NV (Client). Services arc in connection with the development of the Cattle Drive waterline
project located near Interstate 80 Exit 298. The proposal assumes that Manl1ard will have full use
of the previously prepared plans and designs for the Cattle Drive waterline t11at Artisan East, LLC
had prepared. Manhard Consulting, Ltd. (Manhar·d) alters to provide the fuliowing services for
fees as detailed below:
TIME&
MATERIALS
Lump Sum
I.
CATTLE DRIVE IMPROVEMENT PLANS (01)
Task 1 shall include the preparation of Civil Improvement plans for the
Cattle Drive waterlrne project in Elko, NV. Manhard, utilizing the
previous plans and designs that were prepared for Artisan East. LLC,
will prepare a set of improvement plans for subrn,ttal ancl approval to
the appropriate state agencies. This task shall include the following
scope off work:
A. Civil Improvement Plans
a. Title Sheet
b. Index Sheet
c. Typical Sections
d. Plan and Profile Sheets
e. Construction Details
f. Erosion Control Plans
B. Water Model for submittal to NDEP
C. Submittal to NDEP for requrred review
D. Submittal to City of Elko at 90% and Bid Set
E. Phone meeting with City of Elko and NDEP
F. (1) Site Meetrng 1 City of Elko Meeting ·rn Elko, NV
G. Response to City of Elko and NDEP Redlincs i Comments.
It is anticipated that the 90% plans can be submitted to the City of Elko
and NDEP within two weeks of authorization to start the design. NDEP
$17,500.00
will take up to 30 days to rev·lew t11e plans and provide comments. It is
anticipated that the City of Elko will also respond w;th any comments
or plan redlines with'n this time frame. An additional week will be
needed to correct any comments and re-submit the plans to the
appropriate agency.
TIME&
MATERIALS
Sugg·J5tcd Buugct
II.
BIDDING ASSISTANCE (BA)
$8,500.00
This task shall include the preparation of bid documents that will be
incorporated into the bid package for the pro;ect The City of Elko Will
provide the base language for the bid documents and Manhard will use
those documents to prepare a project specific bid package. The scope
of work for this task shall include:
A. Pre-Bid Meeting in Elko, NV.
B. Preparation of Bid Documents to include Bid Item Clarification
and any required Special Provisions.
C. Bid Tabulation
D. Contracto1· RFI's
E. Addenda
F. Bid Package to be provided in both hard copy (7 copies) and
digital format (.pdf and .doc) on CD s.
Work on this task will begin once the City of Elko authorizes tho
contract A preliminary copy of the bid documents w1ll be provided with
the 90% submittal to the City of Elko. F1nal bid docurnents will be
prepared once the City of Elko and NDEP have approved the plans for
construction.
TIME&
MATERIALS
Su~nle<;ted
IlL
GEOTECHNICAL INVESTIGATION (SUBGl
Task 3 shall include the preparation of a Preliminary Geotechnical
Investigation to support the grading design ! construction and the
trenching construction. Man hard will hire Resource Concepts, Inc. as
a sub-consultant to prepare the geotechnical Investigation. RCI wil!
provide the following scope of services:
Pre-Field Activities
•
Perform a site reconnaissance to review project lirnits,
determine exploration equipment access and mark out
exploratory locations for subsequent util1ty clearance.
•
Notify subscribing utility companies via Underground
Service Alert a rninimum of 48-hours (as required by law)
prior to performing exploratory excavations at the site.
Field Investigation
Budqtol
$11,210.00
•
Perform from ten to fifteen test pits ranging from
approximately 5 feet to 15 feet below the existing surface
•
Obtain representative samples from the test pits.
•
The samples obtained in the field will be submitted to our
geotechnical laboratory for soil engineering characteristic
testing and classification according to tho Unrfied Soil
Classification System
Laboratory Testing Program
Soils classification tests will be performed for representative soils
encountered on tho Site. We anticipate the following laboratory
tests at a minimum:
•
Moisture Contents/Dry Density, ASTM D2937
•
Soil Gradations, ASTM C117 and C136
•
Attcrbcrg Limits, ASTM 04318
Engineering Analysis/Report Preparation
RCI will analyze the field investigation and laboratory data and prepare
the requ;red report summarizing the geotechnical aspects of the
proJect. The report will include (but not be limited to) the following:
• Site pian show1ng the exploration locations.
•
Logs of the exploration excavations
•
Laboratory test result reports
•
Prevailing subsurface soil and groundwater conditions
within the proposed development area including
identification of any geoiog1c hazards (excluding
environmental)
•
Conclusions and recommendations regarding the
following:
')
Site clearing and grubbing .
..,
Utility excavation methods. bedding and backfill.
"
Road grading and gravel section recommendations.
o
Slope grading and stability recommendations for larger
slopes (can they be steeper than currently slwwn?).
u
Suitability of natrve matenals for structural (read fill).
c·
Geologic Hazards:
,
Seism1c hazards
r
Liquefaction potential
,
Potentially Expansive or Collapsible Soils
Manhard will bill all sub-consultant fee with a markup of 118%. The
above quoted price includes the prescribed markup.
Work on this task can begrn within 3
client.
5 days upon aut11orization from
,-
TIME &
MATERIALS
SugQc~_;t('d 81_,d~]l:t
IV.
REIMBURSABLES
S1,000 00
Task 4 shall include reimbursable items such as reproducibles,
meetings not accounted for in previous tasks, sales/marketing exhibits,
and other administrative expenses. This budget is not to be exceeded
without written authorization from client.
It is anticipated that
nee plans bid docurnects. and geotechnical inves:igation will take bet.veen 60 and
90 days to compiete for bicl acivertisement Tim lfl~J
agencies and their wor<load and capacity.
1S
fJiqtlly dt)pt::nden on t!le rcviewin~J governrnental
We have included ''Exhibit A", wl1ich detalis services not inclucied in tne scope of this ProcosaL If you
would like to add any of the listed additional services. please notify us a'ld we will revise this P;oposal
accordingly.
The terms of H1e attached ·'Generu! Terms & Conditions· dated ..January 1. 2015, \•\d·11ct"1 Client hereby
acknowledges receiving. are i1corporated and nB.de a part ot ttlis Proposal. Tl1e tiPle and material
fees for all services to be completed that are not outhorrzed to begin by Jc:;nuar)' 1, 2016 wi11 be
increased by 10 percent per annum If the above is acceptable, please have this Proposal executed.
We will begin work as soon as we receive an executed c:opy of this proposal or upor1 yuJr a,J111orizatlon.
Th"1s Proposal wW1 be null and vo·,d if not accepted by September 1, 2015. A new proposal can be
provided at that iiroe.
Thank you again for the opportunity· to subtrit H1is Proposal Sr,ould you !lave any questions, piea.se
do not flesltate to contact us
Yours truly,
MANHARO CONSULTING, LTD.
M<lii<A.~Fia:ter P~E- ··~··
Senior Project ~./;anager
ArBa
Mana~1er
The undersigned is the (a)
actual owner of record of the property; (b) ____ authorized agent
of ihe owner of the propertyc (c)
contract purchaser of ihe Property; (d)
general contmctor (e)
uncertain
If (b), {c), (d) or (o) is checked. t!~r; property owner"s nEtl18 an<i address is
ACCEPTED
By:
Title
Date:
City of Elko
GENERAL TERMS AND CONDITIONS
J(HllJ9()'" 1 2015
1.
ONE !NSTBVMENT.'!NCONSISTE_N_CIES
l"l2C:P c,=r·,f:J.. i\l
E8MS A.f\!C C()~,Dil nr<.J;-;, _;r·ri a·"~ Msr·h;:;r(J
Pf!0°QS/l.l_ t;J w/lriiC•C'SC :ern~. we CJ.i!GiC! ._,iJ !,C<J!ie.-:11\J•iy ITS -A~)riJDTFPr:; i S.'lal h~ decc'n'td ;Jrl?· I'Sti:J{))Ci'/_ \ViiGTC'V0'
ther-e IS a cort:~-::t ;-,r ,fiCC'iSIStcncy :,ch·,,~c·-, tl'w
L1 !t'()::,,; GEV g,\i_ ~LRMS M\C C0:'i01Ti0\k;_ t!O~o'
f-'ROFOSAL, dnJ an',- P'3r~~, v sp;;-'.;lf<.dti•l'G, a<.;
t>e :urv-~ oro,
bill• :i ...::::t; Gfr-.ER.i\:.. TLR~,_!:) ,-'\ND
COI-..UITIONS ;-;hal!, m ·111 im·,cz;!1~ r<:>. C•Jn~l ol nn;! i'' cva1L rt·<:s<J G2N[ F,/"
A;-.JD G= Y·-i~TT tr)'.JS sh,s;l <1pply to \'Ei::
W'1fl< G!(_1·.:1~irod h the PPOPO~;t\l "-' w~\1•--;'", 'iw; I''· ':lftc-ct.ec pr <tr: 8n'H'dmcnt u r \"l:J i:; ;t:.o·l l<>ci,Jd!~,q .cH' 1">(-lf''Li.' H!.:.'i-n
f-OR .ADOiliOt·-.:AL S[f:,.'J!C ;-:,
ENTIRE AGREEMENT
spcc.h:::atilmf~ rep;e:::-ent t'l8 or::re J\qrccrnc:;· oc-:•,v·>>"1 :~1c: P~~;-tlc··.> E'F1C"!
Ln<.ierstaP:.Yl~JS :.H:twe¥, tt~f: f-l.Jr',lt:S. z.:tnnq<' ro th~.CS,;, G!:;\;[·~F.I,l_ 1
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/\ND COMJI r ,()e\S ~'!';;-;'! <)n'y t:c h1nci;n~;
w·wn ·n v.-ritir-q ~'-'lli J.:J!0ed '<l ov D·f'· p~,rt;tJs
3.
.Aii disp,JlC's l•''~'h0C'l 'C'ifUUj 1\, th,c, '\-JirJfTlent ')'it'" f--';qect 1<~~: c;d11:uj m !ho; Pr<.I\)OS"i:: ~-ha! fir~-.: be
ITh;~JicOtiG\1 'fo"ith Z\ i''i>JJidlt;l sc:z•r::(cr; bv· lC!iJ l''i;l:C:toS fi•c• (,OS IS Of lbf.' :lh,r.Ji?;'C) c·'n i [ I' s~IJt A" '"-f'+' !wh' >~01'
CI18Fl :o.n(J ti3r)'li:Vd If lt:i' CLent Y1-.l lvi~;r·iJa:d (;:n;v_,; d~F'..':· C!' a nHJ:dluL thc·~l• Cdl''
(:11-:.~,; i~JI'/~~~-:l',;~;c;r;i ;,:ldli
nommatr: J rncdr8.1o! 3:-Ed :he· twu no:r;r,zl!td mc~d•~-•~c,':> >-,;,li ;;o'er~· the ,!il,mdtc: meck~tcr Cilf'nt C~nd \-1rF1hc<rd ;-;rv·d!
incivle c, s~rnii.Jr mecia,·or p:.--.visi.')n ,r: i:\d (•f J:J-:)'1 ··cs~,cc1HI-:. ~1c1re8rner'·s 1"-:it:. ::::mer [JBf:;cs il.cprd,nq ~:,;; r·'rr';sc; <r.rJ v-; 11
MEDlATION
S!Jlnllte;i
t:•
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fRQUif8 ;J.d Sv::il othc p2tS(li)S C: C"'t.t>CS 1.0 ;nc:u<:ft• a SlY ;,v f:'ledkll:•J'l f->i'JVIS';)n if: ;·dl :1(j!C'("'ki!l~ '.VIii'
:!itJI'
[b&pt<.ln'8
sut.lCO!Jtractvis_ sutr,urot~'\8'-,ts h,D~J·rcrs 2ncJ !Jbf!C3l;>rc, Sll(;i; werJ·:~;i\;n ;,!':ali tH-: :--1 ~;un-.;,~i(;r· pr(,;:.;dc-nt ;n :; p tr:v 1rii11':J
any JUdltl<"li O! ctnc; rr,;c.:.·L-cu:u Ct;}'W':~t the o~hc'· PX\:t7pt w._h tMt;81lJ: 'c8 Vot:;: ~'nt fcC'> •1'1-.r:r.l i.u fvlanilarC:.
4
A_l)l"J::IOHt:ZATJQN T(}_S_IGN
Tl ,: ,.r.'s~n
!\qrecrncr-l r:r1 bc:lia'! (,f t11o CI!C'!l d•ll ;': <;u\t
5,
Oto'<OC'BC>h :~;·c ,vm--'-1, to U·,Jf he:s 1•3 "' >fQ'lf::q I'IG
!i"FS A;J!0('('1V"
Iu , _; ll J' icltr) th~
Vi U!O ~;I; ·:nl :' lJ~--n:;.
r· lh'} vv0nt r :i.~·~~t tccc,r_" C", '!>::· :ornn d :r-rs -'"'.q:c0rYwn1. V:arhad sh::;lllle
adCition tCJ :1"10 soecrrL:: ;,;rY,cC:rc;:~ fJI'l'·:i080 'CJ\ n t!"i;, Al;r~,dnen~- tu
al: rmnt;dle; av:c.iiablc-; 3.l b·~; ,; u:
equ:ty, C.rsnt fJrlhu aqrszs h;a. fvb.·lhard shaii be ent;t:eG tc, :ocv·) ail c,\:-sts
i:~ C'l'l ·;rein~ ar:y prc.J;-·;SHm ol tt-!·;
BREACH AND COST OF COLLECTION
ent;th.:d_
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6,
CHANGES IN REGULATORY ENVIRONMENT
"'f;e ;,;Ji'N;c~: ~HU\h~l,;-:i ~;;: Li~f:-:t!,-;;d u•;d;o; t!ci;,
\'il'!•;
dererr'1if10d o~t:od IJJ(}"l :nc 8pDi'·;;~b:e mv1irip:JI. r::<Jur(V. sistc :-l'fd,: 1 lr;d:-~~t;l rt~J<J.St'ITiS, C:loo:o_,, ~1wo;
l!idt 1/if!fG 1n 0xiswnu: ~J'l t•·,e date-(' ths ,:.,:Jreo::;:-wnt A.1~y n':i~•;'i-?11 rlU],tl('i1:•, c1•·'~~\:.Yl<:> ry d.<·'iPf!OS
1ih~ r(·q:_li;Jt['l\'
f:f~ViiOfl!liH1i WIIICf! rt:q0F0 il:i lr\t;l ~;.;,,;:_: ;'i [hV ~cq:.;<.' ('•f ,,_-.,VI('('~, ~-, ~·~· iJ'-'1~0' :r'e:J. ,1,j'l be '::1!'. A.d:J!t :JF•' S,c:viu:
8.
CURE PERiOD if du•inq tho ;''018~-t ~0ril1, Cl '"nl ~~b~,er ·(~s nr bh j'li!'_'S CW!'_CI~' G'
lf~lprn~le' s>::HviL8 v'/f ,d'l !'ss bee•1
pr Jvidsd IJy !\1a;ol--8.,"d, Clier-t d'JfCJO,:; hl ln':-'"'8fLi:t'y f'i!\ilj t,i:OH1k,;rj df h1' ··,iff!(), H
i-:hl'iiUrLi S!1a!l !' U'1 1!;::-,,c· f VC
wo:kin] days 1,; c:.•,;rc 'li t:cq,n to cu·~ :'1 2 d:lqc-m .r-0nr:"'r -':',/1 ir-lprDpn c:p·v;c:,, >' \JJP r·:iw'll n::-,y t;:<f: r;;r;;:> :t::; r:r;:.t:·,
und:::;J ''"Y d(:'"ault and ro•T>'!dy p-i•-,'ISiC'l fJOYH1o:: 'm 1n thi,_
the, 'iphl t1: .o>.•J ..::one-::11V8 :OlC11•.)f1 Pr'u
to tr:e tecror:;:;ti:Jr, rJ ilk cure per;oo I[ Cl~c:nt Lw;; rv n:.J'.:iv
'A-:th:n tr, :t)' (~~C') w:d<,~ICJ <'l:w·-; d
;,rry tl~~ ;L/u;gcs
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9.
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Cl.cnt agH'('S tin: \-h.,rL:1·d ~;tkllnullhJ <e<:~-nsiblc !u
iu
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0
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or consJI!oms. cr d:$t:<l':Gfy uf 21!V hc~Zc'tr:Llus s,V:;' -"•G2~ -y dif!r>r.n:J sd\! c:;nl!lli'."JI•"' 1:·· 3f::O:hJ;'
anv suc!1 c OLI'<~s ;cuc?.sc: H--e cu.;t r:r lirn(- L;1:-_nred b/ "/dnr.,,,: h; f'i8!fvm ;ts c;,OI\';cv; n <ill -l:d·:aly c.n:i
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10.
11,
ENGINEER'S OPJNION Of:' PROBABLE COST VmJmrd·~; 0!-Jil-,i·:l'l~: ni; •c·ktL:It: (;vs~ p1 Ci'-''";c-J i:·· 'VU:"'r'. f a;:::); .:o~t-'•'
are to be m,:::.dc- en tr·e b?..:m; :A rvLomr.ar\iS -exp•'r,onv' d.-:;i qu;i!;c:1tiJ1:> ;u~c 'c;pn_.JI:': ':o .'·A-11:nu"'l's; 1udrimcnt ,"1'·~ <'Ji
oxr:a;nencni arH) •>W:.f:c-ci p:cf£·~-:.s:c . :;::i
C)PfHi'a-ly f:;--r,l•:~r ,v,[i> ~t1e :--:•noo'r:r-ti(l'l I!KiUSl!y 1--·o.ve\·Sr. '~iX2'1S.S
\4anhard 'la~• no con~wl f:'1H l!~·3 c.u:ot ui
·'lacc't21s cqu,prr'enr_ or :;Di'JiCCcS L!i--: -shcc b·; otr•ers lhs C:;'![r,o;c\or- ''
il"ethod:;; uf tJGI.GfPl:lll!i<J DriC%. vr \''.l'l•Pf:'IE•t'i.' tJ;ddi'IQ iJ! T;<o1 f<_,;;t C'-JI'di;H;,lS. i\LWh8".:i ·~;::,nncl ?.rid dOteS Wlt WCifl~1f'1
:hot l''•)pcsc!!': c:d:; .;r 011~1u,1i c<:~'_;t:uc 101 ;T:>I \':iii !"',;1 'jar·, irJO \i&'lt:a;:_L, Ou. HJ'h :1[ P'u:..:JI"
v1i-sncs ~;t':'a~et z,ssurcn~;:; ;1s tu ;-,r;Jt;~~t;ie ,.,,nstruGtnr "iY<: C'icm :::-!~8!! c~rnrol:;v ::;p indc:pc· ·:c~-,[ ;'uSt
INDEMNITY
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lr; '' .;;xCcli pWITlitkd Vi ~;!'.\'. tr1:: Cil('rr~ sl'li~:i •>"il-V(: ;;'li f•l;H :11 cr.wlfii:LJ\ur ~;:'1l: S'UII ,,, ''"""''
an~d -~_:--Q!CJ:)2umiN'-S ivt:-:nhCJrd k: "J8n1S r:mp;:;vee_.~ cwd t~'JIF 1':-"i.'l!·,~ irN~·~
c:;xpenses. inci·Ji.L>g but :·,o; ; rntcc u ::tt~;-~;-::evs
pf~r;,-mnar,ctJ lA !h., wc-rk wh;c.lc ;,_::~,ults trr:!!' :_:; ,;~;! s r-e:.fiq'..'llCo> o• JK
f1()1 r;,quru: ttv: C.FcH tp .nr_Je,nr/y ~iar"··,FrJ !u 1t:r, n·.~·JI cwnt cl.''l~' of
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the Cltcnt its
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12.
MA~JHARD'S INSURANCE C..Q1'_ERAG£;:
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t)(;:l!iy jr,;ury o: d,-::;;th n-:( 'c·:·:s 1!<;>,:·, S >,'j0(1 (1( (J fv to<\('' ";·c·:Je1!l fer !~'(;pc-rlv cJ.rno,q·' 'l•)t .c;ss tt·;.~rl S ,(!U \JOO
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'lO!i--ownc<'l nr !'lirt-<i pub< li:~!)il!tv liYIII:' r i 1nt :e:.;>; !hBr: S 1 :-f,\J.G\:•n t:::· one' ;v;c ci,Jn'
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/1.: lhe Citonts rt<;ue~l Md·-,t~_'lrd Fhd \1) plov;;_LJ 2 CC:;liflcdz: o! ln:-d:,;nce ,-cv;d:·"'1C.Ing 0i1·">n 1~1-,J·s compl·a.nce \'Jill" t\iB
(;f' !iVO t:IS~;';t;'C -. ;.'UIIC'f
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13,
UM!TATION OF MANHARD';l___ !,._LA~UILLD'
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t:v ls.\N, to '11~11\ t!;~
:v~anh.srd omC ~L1fi~Gr5s cn!'SJ't:Jnt~ to Ciict'1 lil Cu:u:_l<.:hn anr; aT; ::ut c;_·f<lr :.lCtr:r~ 011 H,c F'1oici o d.'lri ',) ;nu-;e
D'; nr Ul!Clliqh C 1ie"ll inr 2-'Y ''rh; <IIi c ;\:'l•C': .-,;~~:)'-; cn:;h -:IJm;>fF> ;-,1 cia;m .-;:.pci~c;.-J:; fr:>nl etPf ':'-3,_;';;Mann,~rrf<; or !v1anlkli'C f,- ··r<,'-'i!,)r.u t:, .:til of the's;" ~~;t:n0;! ht;-"0;r '!;i1~- 1\JC':V~~;~ 1c- the r ·oj•X1 st-·"1' "Dl ')>I>'•O'i ·3:,0 U
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be!.l<J -~;k.~iiiG?.il)-' lintdf:d l>/ this ·"'<Jftit';f'"'W'~ i\f;(j Ul3.1 Ciit· "l::, !J'~~C'--1:;8.' r•xt 'H"V 'il :>_ ,~l;ll'n Slk.'i:l ;n IS
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respunsib:o :u liZ!bi:ity 'l>Ti' ·d:c q'C-'l.tr-r th;n ~h" """~ i-wi!
14.
INf:ORMAT!ON Tq BE PROVIDED TQ MANHARD
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to·.. ndatl::;n plan end sud' ;,[nc· ir·:tU'nati<)n ;,s l"lrctV lJc :"qJe,;tud by
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15,
MAN HARD S RH lANCE ON lNFORMAT.LQN_P_R_QI£LDED
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t:n EH: :r: cc:·c,cy and c:·· T•it·lc;'"'"'' uf
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from ~H .y cnqtn<::-enn:; arn; s n·'iud;r ~; r,u ro: iw ;·k:U to,
0d'"U1~;11fh dr:a ·;s;s dnd (;'t ·>·1>: ste;nnw:>lr'r (JUt '('l~s
rw;,JL:nq 'wm ir~~cr:urat:o• ~,;1c in'orrn:'<!ir,n v;f i J' !S pru.-idf':i'
i1iduding top~J~:ra;:; ,,c;;;;,, i:'l,rvi:')':, -Nhtch ''lA,,,. be•.:•
prepared by r;on';u;unt~ IJtlt•;r 111<'\'l Mc;dL;rr!
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16.
PAYMENT hvu.,;ps -NiL t0 :2i"l· >dl >i 1z.; the, \:ire:l fu1
8re due vv trE!r: ;fmtv d8ys nt rnr1:ir- ''"(: \lf!i•w tiw:y ~:'1'(;
Si~\:~,!y H1E~I'~'Hvn;; ;:;,; tc t:s 8CU1rac-, anr:
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Dr obj('<;l'011 l:) thr' 'f1\'U-Cc· nc,\ p·evl'.'llt'IV r2:c:;;; J il ·:;;:t;r,! '~11!'· o n,;;;.._c- Y ·; p;;vnv.'n·_ i.i.;t; i'vl.J.n:i~\:d i~,, '-~"rv ere; anc
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c.cmp•Jns?Jun sLaii bei\) c-:'n•r,,_c:,<ltc kr ti:o pt:nc<l uf: _,s;,;ew,;(lr ;J!us --u i f'l·":
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17.
PER~1iTS & £~!i?
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18.
1=!1GHTS-Q.f..:W.A't&.E6_SEMENTI Cbc·n~ sn<:1!i t1e r ;Sr!ori,;,;oif, L;1 ,d;~,-,q FKj or ·;<J:~;;1:nq; 21> r i:ht-n" '"i~\". L'l"J''!iCT-,
rea:· cXN:;n<F1b ,!'!lJ!rY ;:,cyec:T.Cfl t~; ru:-cesS·'<C v fu1 :i·;e {JI <);l,··l de·, o;;;prr~('r;t of ::~c · opc!l · •nclu :Ln4 but .>•Jt .iriH\~~: lU - 1\1~1\
ri'·W8.y Wlii r;cosr>r.-rents .vt1:d~ r:'ay ::r· r::•cc-·:; -'!''/ fr:-r '\V.V.i\Vd/ ~,,,(!;;~ceo;;:;; ;01p V<0PTnt~, ,,:,Jnw..-.::;:u cr_;--,,;r:y,:,r,\.'' :.'\IHJ
doter•t-cn ::.antc1ry •;r:wt>" c:ofkctiu·l
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19.
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3'1V cc1.,n of cnnopL!rmt jti!;;;Jrc.it;'l thC' rne:'!:;·r :er oi ths A~w <'!11\;l'r\ ~;ir:<i• ·<c:t L·A
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20.
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21.
TERMINATION
fi' s Cor:r8ct ·;l~;\1' tc-rrn:n;::~~·--: ?J ti''' t· f'', \t,mn;o:o rn~;, v~:o!d(~d it; •;('' ,:,; J;, r0-- ::..:lir;F•l. c:
lt.at
tine. t nr<;: p81\y p:\rl!WCS 1C• li'C C•tl'•?l i>d 1y wr t ~~·1 "l( t:('f. 'l.hr~rcb•r sucn cu:-nl:10.\FHl :J:c\lt· ·;r• ;II I/' \;fl<>:hw,- ·:;. -,:·:· ;7)
(~OlYS aiter rr;cuot :ll SIJt.:': H'J\=e-<:- C':<o ll a.~)ii'i.'~-; co p;x" f,·Jr dl sc:r·-,:c'o~- >r>':f',;._--_.., and :r,d:~>':O <E agreed ·;;n•>• ·vrvc
tw,,-,ll ir,CL02d !:; 1\.bnL:nJ l'!f(;iJgh th· ;id!;; c.l: tc.- !fHklt uil.
22.
THIRD PARTY 8ENEF!ClARY
! Clr.;n :s ,; c.GI'~'<JCt( r f•JI thf· n-;,ricr (;{ U'P pn:p.:r::, tr:R p:;nc;'.'
\1annard ;;, :nlr:nf.I,HI tr; [):_: 2 ~r1wi pctr1y Lf'"lr_,t;cl<o,·y d :h:: conc~truck1r· o:_:c,:g Z\\'! C·l•k'Ct: lOYD ;)dWH_'I1 u1·m :r :C'ld
23.
1-!;i:.f-=.._Qf___Q__OCUMENTS
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AND Elf:ClRON!C OAT A ,4ic .;,_;-::.;umz:,:-,r-o
c-bctrc·nic d0L'I (irclu(iir:J dc~s ,ros p!CH\$ u1 :idld ·store•:!
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:rndific«:ii•r In !he duc:.snFr:ls ,-.,-niv>Y \n(' ;:r H vri'":t'·l'l .'lL'h nz;·uo·
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24,
WAIVER Of CONSEQUENTIAL DAMAGE GIPr•l -::nc C.-tnh;ni !'lUVJ<Ji:y >t:Jh- :- tr; '"·'" ->: c;f t.!'.< n; c.>f C;.Ji'•''t<q;_H}I'il:dl
dam3qES ari:;'WJ trtJ!T; \li':'pUlBf. da:rns ;:_;· <J!"W' :n'irtr· ;r,latin;]lt: ti':>, 1'\rfs,~ment
25.
MANHARO'S SITE ViSITS ;i ;ecuc:;:e:d !::>v C:rN.l : . r ac- r·_'~iL<irt;J b'; 1_!,( ;:'r:; 1 n~;a!, ~ :di1]·,aci st"i3il v1s:, lhs :,i:(~ 3~ rnterv.:+:
apprc•r·r:ate ;:othr~ -;~mn·.:s :o•a~es of c:"lrs;rcc:tit:n etc. [\·LrnYd (.Ju:rn;-~ q;\>;~·!32cC 1 :n vdt;; tq un:.-Pn·<: d::; ;;:1 '-'>".p0!i(~r;cu1
and quct!!'.r_'d dt:si,;n v·');C'-:>:dOilC.· n--.•~ ;:lfnq't:)'.<: :.li1d q,rol-:·i d rhc· ~-,-,ri,,t;c·
d c:,,:otr::;r.til'',, -.,;or'-.. Cu:<>t,u:~l:un
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b-; u,~nhc,rd G''~ n.';lln~n:rJ;;!cJ
tO be iO'~tH;J~tl'•h; "'CO '~Xlr-u; ;c, '';'.<':'/ i:-L-);:)CC: {d t!;:; 'A( r!• n·: pr;)'_lfC!"S '11 !n F~vf' \:c; TS(:-•Xl!CW' nf 1!1.-! ·,-,r •?·. (JCV lfld tiK
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3UPETVI"C, dil'ect :Jr t:&'J6 Cllf' c;;! C:r·JV ih-' ~\Qfk ! :_,; st,:Jii !vhnhe\rd 1';:;-,·c 0',ti;t•fit·; ;,")~'8' ~)' n:•:?-;,VH'\c;,t)!j,Jy fi:t 1h8 n-;;,;'(t,::
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proiJ'arns inc;tr.Jer,l to 1'\t; ·:;orr: i:~r any
01 or c:ets app~tcabi5 to tht:· J;;·n~·•ir':::J ar··J ouf,J·n"i -LJ ch2 v-,qr;.: '1r ,· .~:hmt·,· t•> ':>1:·p t!;,; _,__.,,1 ~.
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guamntees the pe•iorrn:~:lt·e d &>r
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f'vhnh3.!:.i sha!i r:.JC :l:Jv•.: th8 <'.utf:uny t-:; ,,1sm cl anv c,: ::;:w:1y w s~soc·n:J {F' \\;-1--,-1'18\r· i.,, \';VI· en lhc· Prqr:,ct 1-.1~ 'li'-.<rd
o.11nli 1101 b~· tr<'OP<)n:;:d" f:.Jr :>·,~, J.c:s or mni~-c-,,;::-: uf ;_11y •>Jnt!::l':iC :-;) . ...:1
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26.
DESIGN \f{!J_H__QI,JJ__(QJ:L$TR!)CT!ON ADMINlSJHATJQN ! •:; l_;nd2'-S1C<c ClN:1
!ii,Cl'r th;e- l~qrpen;o:wJ de r'r" lfl':·udc Pfii;u: t C•L·sr.r ·;<:1tit;n \J' '"VI\: ·r. (J' !lltl C!'>"'lt'~ c.cclo•;l''''
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turmbs'~ idcwho1'='· ;;sdk;;;·;:_. l;1'>2c\VS, 0'11!11-i'/f'C·s and sc;;,c,;nsul '·1:~h ':r·c-;l:,e--::r;vsl\-;if 'r'JS(S, i:·rcJc, '!!'l(.' fi>.1SU .. ··.~J't; ill or:'.('-;:,-' ft: ;S <l:Hi ;;c-ic.'li•·>' ('CS!s 'l!'IS' \1 ')Ut nf (A t;• <l'Pf
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, .. ""P:.:1 dc.:unF-'I.c• U rsl~: Cl
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ti'IP Cl:<;n'tn W!Jl::l(; :1~~1} ~J12:1b8rd Y'W:t:r) ;,,r:y :;p._::if,,~ ('(;I:S\'>iCC!Yi ;:J,;;s:..· ,;c·,ir·;_os :-=t;·,_-t 'I \.12.1' i<:\iG
w1 il'H\1 lo
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t,
l'<'l'/ ~-uiiPCl: 0d ·,-::t!l :"18
frorl: n:udrf:c:J!IDn::;
l•f sw:h
'_lll;';' p;-''; ;·,·; Cf' ,-~11\'tk':i ;;rv: ·. ,.,1
r!l~·rpre!:~.tk•:,o., 3Cil_,s.,~:2;>1:; r'r ,·:r.rlr:de:,: 0\.Jc tc- ;~:1y
EXHIBIT A
ADDITIONAL SERVICES
Add!Unnal St'!VIces !!nclu:J!nq_ bu: r;J! :;.T,· !;-:a ic, ' :v;e !iS!f:n ,'f· n.r-) shan ili' p:Hfc 1'1\'d by fhlni;,,l(;. ,, 'C) ;c-~t,;d '"t em 3dd,riu:z;:
C•Jst {' AdDihmal Sen; ::eo,"). Tn·'" flPC'h:'FJ sPrv -~''"; · itwn~. 8k '1-'l: i <~ludu: vvrth n n r-, ~<co::- f ,·,-or~ oul<·r·:<: :" th ... :·J;'i(F'\X!AL
tc which tr:is IS ,-.,tt;):;f'.ed Vllcss SP0•:::k::n·ly :,t;l_ fr;rtr 'lPif:lll s., ;t1 i\cLJ:it~lr;:-'!.' S'''T-:L;c,~ o.l.:,li t'!O f-"'i\c"d~':i ,;:tht:.- fy ,·w ~~)f('i:Jd upct'
L•nnp Sum FPe ,/r orr?. .,..r:ns ;_;nq tv'at'~!lal 8,1sr•; sul+s:._:
u
>h:· r 1\:>; :.:s i;slr;<j ociC''-'··
NEVADA OFFICES
SCHEDULE OF TIME
AND MATERIAL RATES FOR 2015
CATEGORY
Prssi:Jen1
f:x•?::::ut;vc Vi•>:' P•c ·3tfkn·
V1co ?residu 1
CURRENT HOURLY RATES
SFl5 08
Sj")"L(J(l
:D1 !}') 00
:O.,rerl M-1n:~qDI
;3 I
S8Jl;or Pmjr.'cll\bnsqo:
Son'or Pc(;je:t Mctr-aqu
\18n'ipr:r nf CclflH~!Jrlfi 1' De.
:)urvc·y \-L01n<:1~1:::<'
S1 ?0._00
JO
s 1 :;;._o;:-1
;<;'q-;rP''
jj.O.(>J);'J
:)1:-:i'l (<]
s:2;J oD
:...~roi8GO f-..1di1Dq?r
Cnq1n<<"
~; 1 jfj
t:nqmeu
0C:
S'fG ,)(;
:.,cr;icr Planm-:r li
Senior Pi·:Jr.w;r I
-~:
-+o ~\:'
:Si2C 00
Jir.-:;~:tm
Senir:-r ConS!ItJt..tk;r tds_rL>J'''
C:Jnstruct:•_:r: Manaqer'/CoGrcli.'li~tc,r
Lan:l FL:mr·erlFr!V'fOP"l cntztl P·BJHIUI
LandSCCJfE! c:;,,,,;vor·Arc
hit;~;;;
Pr~';\:Ct ~)drvi>f\'Jr
Stafi S•Jr·<evor
Senior Design T c-c+nit:~ ;I;
Deo;;gn T8C""t:-~;(;,flfl il
::;L::i i)-.l
Sl/S ryJ
S1 '()_OJ
$90 co
SRO 0:1
'b 1 :o !)0
S'l: 1 0U
S'11i1_Zn
$~l,)
.an I
Swvr;y:Cci•Strucl :H1 fee 1rh:·-111
t'n(;·0DO!'r,~l Ci\DD;(i S
ec:n·i\ :n
Ce~>ign "f,x_cl~:c
Intern
C/\JJi.J
;~,
()()
$~Yi
OC
'$)0.0(;
:wooo
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··t.'ur~. ~ila\
!~P,w::on
ur
, ..• ~- '_10
s:
l:>ew
2,P::HSOO Cro2w
Ad;r::n1<:>:1 ative .Ass1stanl
Expert l est1:-;~::my & Uopo!;;V)PS
10
o:;
S 1 ,:o.o:;
SG<) 00
CURRENT SF RATE
F:int::r~:
F'"if'h'g
pr;r;l!'1~:
Pape1
Voi!un;
h-1yi,:r, C::i!m C":w;;r
'?C I
A.>.::ah~
ALL ENVIRONMENTAL SERVICE$
II<
8,_l.:,_b__jy.8IER AND WASTEWAJER~SYSTEMS SERVICE£
Ill.
ALL .WETLANDS SERV!CES
!V.
LAND PLANNING SERViCES
VI.
TRAFFIC SERVICES
VIL
TOPOGRAPHICAL SURVEYING SERVICES
A
·'
St ?S
PreparaiiOf' r.1f ::-Jff-s,:e-tnpographi:; ;,urvrJys
sc
;c;_,•_
D
VIII.
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sne :opo~ra;.hy rl11s v:,wk:: rndyk A<CIWtJ.r·r· ;;"r:<c(~ :lf :;ui;r· ''f\)"d :;fl IGtiil"'~, r:r :'d' piet~tl;) d J U Ll.!: lo:::~L;
· ';r.c.tl(lf ~' o! C'\!C!l 'q doer ,wo ::;lrwps,:: nu c.;uw ievei vr bas·::"''' r f!rJ_·,. ,,:\;v:1[.z·;::; 1\;r :_-x::s!T;.._; cu::cr~~CJ~·
SURVEYING SERVICES
A
Prop<:IiCJtitY1 d a f:3,)Utdctry Su v·~~ or an/\. i /;.Ac~:;r,-li .. <:H''·' 1tk.- ;,:r:'/CV, :ut.:::":Ju,;cnt red~·lur~~ :q r 1(' A~ fA. 1-\C~ ivl
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adc!:tiorid' (;~ :nvdif:cci ::u:.-i1c:~:c i;wqt.-Jq;.:
n.
f'r2pl:1f'lt>vn u! 1·1~0Gi JeSUip!r\Jn'i e.nd.:N ''",_1ibfs ]r)- diO:Iror·-'l' i'iJ:;('rl•i:'r'>; d! (:GSE''I er->1 v,c;G,~t:-uns qfhd ti'-.\f, Hli.'!S\:
!',!l,_!·:m ,-JII \!:0;... rn' '·'ist
G.
Consull::t10n w!th ,~ u C:lk'•t
·1e tikJ :~r11 ,v_;ny '); ;~';' -:~IHnt'~: -.d'J! i'D'f wrth re;J~H-,_~~ \(, ti1G 1es.)l\.!1-r":) \,' '-F~~'S anz:.u;
o·,-c,:lap;;._
8.
Peep"'""'" nt dnt;,c,,t iii.Ucit an andw ttm"c; n ;\t es d e<n "'"""' '" "'' nngc ''"''"''to dntec ""' c.no kcti
ebvr:tl;GfiS -",nd :;·re::trn :inNs ;_\hl v<.;lr.-'f.'lh-;~'
1,.,
VVG! >-: 1r1 cc•rT 2CCI'n
>f·~h :::.·-~<[12.;
ivla.ndgw;w~~t A;~ Bill.)·
F
:,t;o:l :_1( pi·_,,n :".:_.p'ic""\;ol' ,-;:1n '1:'1:1
'/~,!J
C-t;:-_,r~)':, it:ql,ll-:;d c;; (.•bt<Wl 8. F C!lkml
E;n••_·r:JU!CV
lt·vts;or·
R\ ·,;siGns tu J10 ~;l<:ji('C''-'I·,r-g Pia·;~•. S1<:: · n,;: O<J Fl'-'flV\~' ,., stuc :·s r•o::-: !U~q frzJm ,-vkHiorli'1i H tJ<Ce:-;-;n/0 ti:''J•'ew.<;
[ron' gc-Jerr:-nontai t~:-;c-.c ,c;s GelS •o V5l -:, ;:;• rj;;y s\s.H d 'H: JC:i 'N 1'11!1 'h": ''~;Jr;iC·ltOfJ' <J(_JW-c,- aHE-r 1·;;i;~l s,,bn"''~""n
to the rcqu',;\,lP/
X.
L2t.1:::r
:qer~~:y
CONSTRUCTION SERVICES
A
A!i•n:J ,_dcotin,li-1. if'Gcllfi<;i::. ,,, Dw•
ager-,;~Ps,
0
<r,::iu.J nq ::.re!'!an:i .. n cl
n,.;:;:l\ nqs
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dl :JnV·~"I'lfH:TDI
Cxill~';'-
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'i li1 (,()r)tWC'•')rl ·hit!~ !i1B f>I(;,U'~ 11'-(:!ud:r 'J o;•JI :ICC~") :;p; rr::, ;., [Ul'11~' uJ l-'f 'h(• (:.• )1'1 ~11
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•
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s,~,;b repnns l'C n};:: '):;c!l•t;l 'J' ''lSPt'-~-t;, ''"'
Sirucl.u:;:JI c·· el.;:.·tric;;' des:q~,s
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'_ardsca:-'F1;J pl2''"
Tru'1 su:vr:y:;
J--l:stu•IC<\: \Yt)O,nvatlur; ,1rr; ;)! _:~ae<Jk:.-:;,cZil :;lu:iws o: :·cror·-FndaWF'r'N1 :·;p:cie:~ :nvconi:;et•_i(•"l ;nd ,,_,r"::···
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F
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------------
----
Agenda Item #
Elko City Council
Agenda Action Sheet
1.
Title: Review, consideration, and possible approval of a Second Amendment to the
Company dated June 11, 2012 and amended on April 22, 2014 for sanitation service
in the City of Elko, and matters related thereto. FOR POSSIBLE ACTION
2.
3.
Agenda Category: NEW BUSINESS
4.
5.
Background Information: Elko Sanitation Company currently provides sanitation
service in the City of Elko pursuant to an agreement dated June 11, 2015 and
amended on April 22, 2014. Elko Sanitation is requesting that the rate schedule be
amended by adding a service and adding one additional fee. The additional service
would be an eight yard bin. The additional fee would be a rollout fee. In reviewing
the proposal and the existing agreement it was determined that additional
definitions were required in The proposed amendment requires an amendment of
Section 14.01 allowing the addition of services under the agreement prior to Council
considering an amendment to the rate schedule. The proposed amendment is
identified as the second amendment to the agreement. SAW
6.
Budget Information:
Appropriation Required: NA
Budget amount available: NA
Fund name: NA
7.
8.
Supplemental Agenda Information: Proposed amendment
9.
Recommended Motion: Move to approve an amendment to the Exclusive Franchise
Agreement between the City of Eiko and Elko Sanitation Company dated June 11,
2012 and amended on April 22, 2014 for sanitation service in the City of Elko.
10.
Prepared By: Scott A. Wilkinson, City of Elko Assistant City Manager
11.
Committee/Other Agency Review: Legal
12.
Council Action:
13.
03/05/2015
SECOND AMENDMENT TO
EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, TRANSPORTATION
AND DISPOSAL OF MUNICIPAL SOLID WASTE
AND THE COLLECTION, TRANSPORTATION AND DIVERSION OF RESIDENTIAL
CO-MINGLED RECYCLABLES
This SECOND AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT FOR
THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE AND THE COLLECTION, TRANSPORTATION AND DIVERSION OF
RESIDENTIAL CO-MINGLED RECYCLABLES ("Second Amendment") by and between the
CITY OF ELKO, NEVADA, a municipal corporation (hereinafter referred to as the "City"), and
ELKO SANITATION COMPANY, a Nevada corporation (hereinafter referred to as
"Contractor"), is entered into as of September 8, 2015 (the "Effective Date").
RECITALS
WHEREAS, City and Contractor entered into that certain Exclusive Franchise
Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste and the
Collection, Transportation and Diversion of Residential Co-Mingled Recyclables on June 11,
2012 (the "Agreement");
WHEREAS, the Agreement does not provide for the addition of a particular service or
the inclusion of those services in the rate schedule; and
WHEREAS, Contractor and City now wish to amend the Agreement to allow for the
addition of services and inclusion of those services in the rate schedule pursuant to Section 14.01
of the Agreement.
AGREEMENT
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
PARTIES AGREE TO AMEND THE AGREEMENT, AS FOLLOWS:
1.
Effective Date.
Effective Date.
This Second Amendment shall become effective as of the
2.
Amendment to Section 14.01. Section 14.01 of the Agreement is deleted in its
entirety and replaced with the following:
"Section 14.01
Services Added and Maximum Rates to be Charged
Contractor shall not charge or demand rates for such refuse collection
service in excess of those set forth in the current approved rate schedule attached
hereto as Exhibit A. A copy of the current rate schedule shall be on file at City
Hall and available for inspection by the general public. A modification of such
rates and/or the addition of a particular service may be initiated by Contractor
SECOND AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT
Page 1
or City, but must be finally approved by the City Council before going into effect.
Contractor shall inform the City, at its request, of the rates charged on any
particular individual or business. If a particular service is not included on an
existing, approved rate schedule, Contractor and customer may negotiate a rate
after written notice to, and upon written approval of, the City Council. The City
Council may reduce any rate(s) for services provided under this Agreement in the
event the Contractor's services fall below the City's reasonable expectations with
respect to quantity or quality of service; provided, however, that, prior to any such
rate reduction, Contractor shall have a reasonable opportunity to cure any such
failure with respect to quantity or quality of service.
Counterparts. This Second Amendment may be executed in one or more
3.
facsimile or original counterparts, each of which shall be deemed an original and both of which
together shall constitute one and the same instrument.
4.
Ratification. All terms and provisions of the Agreement not amended hereby,
either expressly or by necessary implication, shall remain in full force and effect. From and after
the date of this Second Amendment, all references to the term "Agreement" m this Second
Amendment and in the original Agreement shall include the terms contained in this Second
Amendment.
5.
Conflicting Provisions. In the event of any conflict between the original terms of
the Agreement and this Second Amendment, the terms of this Second Amendment shall prevail.
Authorization. Each party executing this Second Amendment represents and
6.
warrants that it is duly authorized to cause this Second Amendment to be executed and delivered.
7.
Execution in Triplicate. This Second Amendment, consisting of four (4) pages,
shall be executed in triplicate, and each executed copy shall have the full force and effect of an
original.
[Signature Page Immediately Follows.]
Page 2
IN WITNESS WHEREOF, the parties execute this Second Amendment as of the date
first written above.
CITY:
CITY OFELKO
ATTEST:
By:
------------~--------------
Chris J. Johnson, Mayor
Shane!! Owen , City Clerk
CONTRACTOR:
ELKO SANITATION COMPANY
By:
Name:
Its:
Jeff Brewster
Divisional Vice President
Page 3
~-{!
Agenda Item# ---=~=--------
Elko City Council
Agenda Action Sheet
1.
Title: Review, consideration, and possible approval of a Third Amendment to the
Company dated June 11, 2012 and amended on April 22, 2014 for sanitation service
in the City of Elko, and matters related thereto. FOR POSSIBLE ACTION
2.
3.
Agenda Category:
4.
Time Required: IS Minutes
5.
Background Information: Elko Sanitation Company currently provides sanitation
service in the City of Elko pursuant to an agreement dated June 11, 2012 and
amended on April 22, 2014. Elko Sanitation is requesting that the rate schedule be
amended by adding a service and additional fees. The additional service would be
an eight yard bin for commercial accounts. The additional fees would be for the 8
yard bin service fees and a rollout fee. In reviewing the proposal and the existing
agreement it was determined that additional definitions were required to address
approved fees. Additionally, Elko Sanitation has several fees for non-typical
services, all of which were potentially charged under generic provisions of the
agreement. The amendment provides clarification. The proposed amendment is
identified as the third amendment to the agreement. SAW
6.
Budget Information:
NE'WIUSINESS
Appropriation Required: NA
Budget amount available: NA
Fund name: NA
7.
8.
Supplemental Agenda Information: Proposed amendment
9.
Recommended Motion: Move to approve an amendment to the Exclusive Franchise
Agreement between the City of Elko and Elko Sanitation Company dated June 11,
2012 and amended on April22, 2014 for sanitation service in the City of Elko.
10.
Prepared By: Scott A. Wilkinson, City of Elko Assistant City Manager
11.
Committee/Other Agency Review: Legal
12.
Council Action:
13.
09/01/2015
THIRD AMENDMENT TO
EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, TRANSPORTATION
AND DISPOSAL OF MUNICIPAL SOLID WASTE
AND THE COLLECTION, TRANSPORTATION AND DIVERSION OF RESIDENTIAL
CO-MINGLED RECYCLABLES
THIRD AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT FOR THE
COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE
AND THE COLLECTION, TRANSPORTATION AND DIVERSION OF RESIDENTIAL COMINGLED RECYCLABLES (this "Third Amendment") by and between the CITY OF ELKO,
NEVADA, a municipal corporation (hereinafter referred to as the "City"), and ELKO
SANITATION COMPANY, a Nevada corporation (hereinafter referred to as "Contractor"), is
entered into as of September 8, 2015 (the "Effective Date").
RECITALS
WHEREAS, City and Contractor entered into that certain Exclusive Franchise
Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste and the
Collection, Transportation and Diversion of Residential Co-Mingled Recyclables on June 11,
2012 (the "Agreement");
WHEREAS, Contractor and City have amended Section 14.01 of the Agreement to allow
for the addition of services and fees and inclusion of those services and fees in the rate schedule;
and
WHEREAS, Elko Sanitation wishes to add a particular service and is proposing two
additional fees.
AGREEMENT
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
PARTIES AGREE TO AMEND THE AGREEMENT, AS FOLLOWS:
1.
Effective Date.
Effective Date.
This Third Amendment shall become effective as of the
2.
Amendment to Section 2.01. Section 2.01 of the Agreement is hereby amended
to add the terms "Additional Tipper Cart Fee", "Extra Material", "Delivery Fee", "Direct
Burial", "Haul Fee", "Monthly Rental Fee", "Redelivery Fee", "Reinstatement Fee", "Relocate
fee", "Return Trip", "Rollout Fee", "Special Pick Up Fee", "Trip Charge", "Wait Time Charge",
"Walk Out Fee", and "Wash and Sanitize", to Section 2.0l.B., with corresponding definitions,
with the subsections in Section 2.01 to be renumbered accordingly, as follows:
Section 2.01
1.
Scope of Work; Definitions
The following definitions shall be used in this Agreement:
THIRD AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT
Page I
1. Additional Tipper Cart Fee: "Additional Tipper Cart Fee" means a fee that
is charged when a customer request an additional tipper cart for MSW or
recyclables.
2. Bulky Items: "Bulky Items" means furniture, household or industrial appliances,
shipping crates and containers and other large bulky or heavy objects not
normally discarded on a regular basis at Residential, Commercial or Industrial
Premises.
3. City: "City" means the City of Elko, Nevada, a municipal corporation, and all of
the territory lying within the municipal boundaries of the City as presently
existing or as such boundaries may be modified during the Term.
4. Collection: "Collection" means collection of MSW and Recyclables and
transportation of such to Disposal or Recycling Sites.
5. Commercial Premises: "Commercial Premises" means any premises occupied
by stores, offices, and other commercial facilities providing goods or services.
6. Construction and Demolition Waste: "Construction and Demolition Waste"
includes waste building materials, packaging, debris and rubble resulting from
construction, remodeling, repair and demolition operations on pavement, houses,
apartments, condominiums, commercial, industrial or institutional buildings and
any other structures.
7. Contractor: "Contractor" means the contractor to whom this Agreement is
granted.
8. Delivery Fee: "Delivery Fee" means a fee charged by Contractor for
delivering container(s) to a location specified by a customer.
9. Delivery: "Deliver" of MSW by a Waste Generator or residential household
recyclables shall be deemed to occur when MSW is deposited in a receptacle or
at a location that is designated for Collection pursuant to the City's Municipal
Code, or is otherwise discarded.
10. Direct Burial: "Direct Burial" means a process by which the disposal site
immediately buries refuse upon being unloaded from Contractor's vehicle.
11. Disposal Charge: "Disposal Charge" The portion of the rates in Exhibit A
included to cover payment of landfill or transfer station tipping fees.
12. Disposal Site: "Disposal Site" means the solid waste facility or facilities
designated by the City for the ultimate disposal (by Contractor) of MSW
collected by Contractor. The Disposal Site may include, but is not limited to, a
solid waste landfill, a solid waste transfer or processing station, a materials
recovery facility, or a combination thereof. Unless otherwise designated by the
Page 2
City in wntmg or unless otherwise provided in this Agreement, the term
"Disposal Site" shall mean the Elko Sanitary Landfill.
13. Environmental Laws: "Environmental Laws" means all federal and state
statutes and county and city ordinances concerning public health, safety and the
environment including, by way of example and not limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 U.S.C Section 9601 et seq.; the Federal Clean Water Act, 33 U.S.C,
Section 1351 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section
651 et seq.; the Nevada Hazardous Waste Law (NRS Chapter 459),; as currently
in force or as hereafter amended and all rules and regulations promulgated
thereunder.
14. Extra Material: "Extra Material" means MSW set out for Collection by a
customer which exceeds the customer's subscribed service level. Contractor
will charge an additional fee to remove the Extra Material.
15. Garbage: "Garbage" means all kitchen and table food waste and animal or
vegetable waste that attends or results for the storage, preparation, cooking or
handling of food stuffs.
16. Haul Fee: "Haul Fee" means a fee charged to haul a roll off container from
a customer's location to the Disposal Site.
17. Hazardous Waste: "Hazardous Waste" means a waste, or combination of
wastes, which because of its quantity, concentration or physical, chemical or
infectious characteristics, may do either of the following: (1) cause, or
significantly contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness; (2) pose a substantial present or
potential hazard to human health or environment when improperly treated,
stored, transported or disposed of or otherwise managed. "Hazardous Waste"
includes all substances defined as hazardous waste, extremely hazardous waste
or acutely hazardous waste identified and listed as hazardous waste by the U.S.
Environmental Protection Agency pursuant to the Resource Conservation and
Recovery Act (42 U.S.C, Section 6901 et seq.).
18. Industrial Premises: "Industrial Premises" means premtses occupied by
manufacturing operations and other industrial facilities.
19. Institutional Premises: "Institutional Premises" means premises occupied by
governmental, educational, health care, correctional, research and other similar
facilities.
20. Monthly Rental Fee: "Monthly Rental Fee" means the monthly charge to
customers for use of roll off containers.
21. Municipal Solid Waste: "Municipal Solid Waste" or "MSW" means any
Garbage, Refuse or Rubbish, Construction and Demolition Waste, discarded
Page 3
home and industrial appliances, manure, vegetable and animal solid or semi-solid
wastes, and other discarded material, including solid, liquid, semi-solid, or
contained gaseous material resulting from institutional, industrial, commercial,
mining, and agricultural operations, and from residential and community
activities. The term "Municipal Solid Waste" or "MSW" shall not include: (1)
Hazardous Waste; (2) low-level radioactive waste; (3) untreated medical waste
which is regulated pursuant to the Medical Waste Management Act; (4)
Recyclable Materials which have been segregated from other Waste Material by
the Waste Generator; (5) solid or dissolved materials in domestic sewage; (6)
solid or dissolved materials in irrigation return flows; (7) industrial discharges
that are point sources subject to permit under 33 U.S.C. 1342: or (8) source,
special nuclear, or by-product material as defined by the Atomic Energy Act of
1954, as amended (68 Stat. 923).
22. Officer: "Officer" includes any elected or appointed, member of the City of
Elko Government.
23. Owner: "Owner" means the Person holding legal title to the real property
constituting the Premises to which MSW and Recycling collection service is to
be provided under this Agreement.
24. Person: "Person" means an individual, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry,
public or private corporation, or any other entity whatsoever.
25. Premises: "Premises" means any land or building in the City where MSW or
recyclables are generated or accumulated.
26. Recyclable, Recyclables, Recyclable Materials: The terms "Recycle, "
"Recyclables," and "Recyclable Materials" all mean materials generated by
residences which are reasonable capable of being processed into new products or
materials at a Recycling Site and which are designated by Contractor, subject to
approval by the City, to be Segregated From Other Waste Material for collection
and Recycling, rather than collection and disposal at MSW. Unless otherwise
agreed in writing between the parties, the following materials are Recyclables:
aluminum, tin and aerosol cans; flattened cardboard boxes (except boxes with
food residue or wax coatings); paper products; cardboard egg cartons;
magazines; junk mail; books; newspapers; cereal boxes; and other paperboard
materials; milk and juice cartons; plastic bottles and jugs with smaller openings
than bases which do not contain oils or oily fluids. These terms do not include
materials generated by businesses.
27. Recycle/Recycling: "Recycle" and "Recycling" mean the process of collecting,
sorting, cleaning, treating and reconstituting materials that would otherwise
become MS W and returning these materials to the economic mainstream in the
form ofraw materials for new, reused or reconstituted materials or products.
Page 4
28. Recycling Site: "Recycling Site" means the facility or facilities designed to
accept and process Recyclable Materials
29. Refuse: "Refuse" includes Garbage and Rubbish.
30. Residential Premises: "Residential Premises" means single-family homes,
townhouses, multi-unit buildings such as apartments and condominiums, and
mobile home parks.
31. Redelivery Fee: "Redelivery Fee" means a fee charged to return a container
to a customer's location after the account has been reinstated from a
suspended status.
32. Reinstatement Fee: "Reinstatement Fee" means a fee charged to restart an
account after a customer has been suspended for non-payment.
33. Relocate Fee: "Relocate Fee" means a fee charged to travel to a customer's
site and move a roll off container from one location to another on that site.
34. Return Trip: "Return Trip" means returning to a customer's location on
the customer's scheduled service day to empty a container that was not
placed out for service in time or was not serviceable for any other reason out
of the control of the Contractor.
35. Rollout fee: "Rollout Fee" means a fee that is charged when Contractor
must roll a refuse collection container out of an enclosure or building or
away from hazards that prevent the collection vehicle from accessing it.
The fee will be charged per applicable occurrence.
36. Rubbish: "Rubbish" means all waste wood, wood products, printed materials,
paper, paste board, cardboard, tin cans, straw, yard clippings, bedding, crockery,
plastics, rubber byproducts, used and discarded clothing, packaging materials,
ashes, floor sweepings, glass and other materials not included in the definitions
of Garbage, Construction and Demolition Waste, Hazardous Waste or
Recyclable Materials.
37. Segregated From Other Waste Material: "Segregated From Other Waste
Material" means (1) the placement of Recyclable Materials in separate containers
by the Waste Generator; (2) the binding of Recyclable Materials separately from
other waste material by the Waste Generator; (3) the physical separation of
Recyclable Materials from other waste material by the Waste Generator; or (4)
the physical separation of Recyclable Materials from the MSW stream by a
recycling franchisee selected by the City.
Page 5
38. Special Pick Up: "Special Pick Up" means a Collection in response to a
customer's request for service on day other than a regularly scheduled
service day.
39. Term: "Term" means the time from the commencement through the termination
of this Agreement.
40. Tipper Cart: "Tipper Cart" means a residential trash and recycling container
with wheels attached that is supplied by Contractor only.
41. Ton: "Ton'" means a short ton of 2,000 pounds avoirdupois.
42. Trip Charge: "Trip Charge" means a fee charged when the Contractor has
traveled to a customer's location for scheduled service but is unable to
provide service for any reason out of the control of the Contractor;
provided, if the Contractor is unable to provide the service for a reason out
of the control of the Customer. then the fee shall not be charged.
43. Wait Time Charge: "Wait Time Charge" means a fee charged when the
Contractor is at a customer's location and waiting for the customer to
prepare a container for pickup.
44. Walk Out Fee: "Walk Out Fee" means a fee charged the Contractor enters
the customer's premises upon request to service the customer's tipper carts.
45. Wash and Sanitize Fee: "Wash and Sanitize Fee" means a fee that is
charged when the Contractor washes, sanitizes, and redelivers a customer's
container upon the request of the customer.
46. Waste Generator: "Waste Generator'" means the owner or occupant of a
Premises which initially produces and delivers to Contractor MSW for removal.
Page 6
3.
Amendment to Exhibit A The Agreement is hereby amended as follows:
Exhibit A
City of Elko Rates
Elko Rates
I
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ij!
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;.r;;.; I ~1 ~s;, ~~- ~/;. '1.1
1 X Week
;#
orr:i
;#
oQj
~
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$13.60
<J~(Jqj
,:.;;
J/
tC
$16.90
2 X Week
h
~
~
~
b
~
..l:.:
~
0
....l:.~
~
0
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~
~
0~
~
~
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~
$61.13
$92.27
$123.05
$154.11
$20.92
$24.46
$82.02
$123.05
$245.76
$284.13
$33.03
$424.24
$34.83
$64.76
3 X Week
$123.05
$184.52
4 X Week
$164.65
$246.16
$369.05
$492.29
.$205.08
$308.48
$615.04
$559.29
$694.09
$69.70
5 X Week
6 X Week
$246.16
$369.05
$738.02
$888.31
$104.74
$4.76
$4.76
$87.22
Other Fees
Rollout
Walk Out
Snecial Pick Un
Wash and Sanitize
$4.76
$4.76
$10.26
$25.00
825.00
$25.00
Delivery
$15.06
$20.07
$40.12
$80.24
$5.23
$6.12
$45.00
$45.00
$45.00
$45.00
$25.00
$25.00
$10.25
$10.25
$10 25
$10.25
$10.25
$10.25
Extra Material: $3.00 per can/baQ; $5.00 per yard
Return Trip: $7.00
Reinstatement: $10.00
Redelivery: $15.00
Waitino Time: $1.50 oer minute
Additional 65 oallon cart: $2.00
Additional 95 gallon cart: $5.00
Direct Burial: $75.00 plus $100.00 landfill fee
Bulky Items: Case bv case basis
I
I
Approved: September 8, 2015
Page 7
---------------
Exhibit A (cont.)
CITY OF ELKO
ROLL OFF RATES
Delivery Fee
I
I
Monthly Rental Fee
Waiting Time (after 5 minutes)
$25.60
I
$75.35
I
l$1.50 per minute
I
Trip Charge
I
l$30.00 per container
Relocate
I
l$30.00
I Fee will
Wash, Sanitize, Redeliver
Tires
I(per tire)
L
l$15.00
I
I
I
be on a case by case basis
I
ROLL OFF HAUL FEES (per haul
10YD
$69.76
15YD
$69.76
18YD
$77.40
20YD
$82.32
30YD
$125.58
Disposal Fee
I
l$31.00/per ton
I
Prepayment for all boxes is $200.00
A signed damage release and credit info sheet is reQuired on all roll off accounts.
Approved: September 8, 2015
Page 8
4.
Counterparts. This Third Amendment may be executed in one or more facsimile or
original counterparts, each of which shall be deemed an original and both of which
together shall constitute one and the same instrument.
5.
Ratification. All terms and provisions of the Agreement not amended hereby, either
expressly or by necessary implication, shall remain in full force and effect. From and
after the date of this Third Amendment, all references to the term "Agreement" in this
Third Amendment and in the original Agreement shall include the terms contained in this
Third Amendment.
6.
Conflicting Provisions. In the event of any conflict between the original terms of the
Agreement and this Third Amendment, the terms of this Third Amendment shall prevail.
7.
Authorization. Each party executing this Third Amendment represents and warrants that
it is duly authorized to cause this Third Amendment to be executed and delivered.
8.
Execution in Triplicate. This Third Amendment, consisting of four (4) pages, shall be
executed in triplicate, and each executed copy shall have the full force and effect of an
original.
[Signature Page Immediately Follows.]
Page 9
---------------
IN WITNESS WHEREOF, the parties execute this Third Amendment as of the date first
written above.
CITY:
CITYOFELKO
ATTEST:
By:
~--~~~~~~-------
Shane!! Owen , City Clerk
Chris J. Johnson, Mayor
CONTRACTOR:
ELKO SANITATION COMPANY
By:
Name:
Its:
Jeff Brewster
Divisional Vice President
THIRD.AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT
Page 10
Agenda Item # _ _,~,P=I=----_,_1/L____~
Elko City Council
Agenda Action Sheet
1.
Title: Review and possible consideration of a request by Towne Place Suites by
Marriott-Elko to waive the late fees currently pending on a delinquent transient
lodging tax payment (room tax) reporting for June 2015, and matters related
2.
3.
Agenda Category: APPEAL
4.
5.
Background Information: Transient lodging tax is due on the tenth day of the month,
payment is delinquent on the sixteenth day of the month. Marriott's June 2015
payment was postmarked on Friday, July 17, 2015 resulting in a penalty fee being
charged pursuant to City Code 4-6-12 which states, "If the room taxes are not paid
on or before the fifteenth day of the month in which they become due, or if such day
falls on a Saturday, Sunday or legal holiday, on the next succeeding day not a
Saturday, Sunday or legal holiday, then the licensee shall pay a penalty of fifteen
percent (15%) of the unpaid, due and delinquent room tax, and the licensee shall also
pay the costs of collection of the tax, penalty, court costs and attorney fees." SO
6.
Budget Information:
Fund name: N/A
7.
8.
Supplemental Agenda Information: Request, Envelope with postmark, City Code 4-69 & 4-6-12, previous Council actions
9.
Recommended Motion: Pleasure of the Council
10.
Prepared By: Shanell Owen, City Clerk
11.
12.
Council Action:
13.
Agenda Distribution: Steven Davis: steve.davis((ddhg.com
Matt McCarty: matt.mrcarty(ivmaniott.com
Created on 9/2/15
lODGING+DYNAMICS
Hospitality Group
City Of Elko
Elko City License Department
1751 College Ave.
Elko, NV 89801
RE: June 2015 Transient Lodging Tax Return
We ask that you strongly consider that a one-time waiver be given on the notice for delinquent transient
tax for June, 2015 on the Elko Towneplace Suites by Marriott. Earnest intent and action were given to
make this payment on time. The date on the check was 7/15/2015. The check was postmarked on the
company's postage meter on the 15th and delivered to the post office to be mailed.
The delinquency was due to an error by the US Postal Service which did not postmark and deliver the
payment based on metered postage already indicated. The U.S. Postal Service proceeded to stamp over
the original postage metered stamp of 7/15/2015. We ask that you not penalize the Elko Towneplace
for an error by the USPS.
On time payments have occurred for over a year. To prevent further error by the USPS, we have
arranged for future payment to made by another carrier.
In allowing this waiver, Elko City will show that the Elko Towneplace was earnest in their efforts to make
payment by the scheduled due date which is true based circumstances indicated.
We would like to make arrangement make payment byE-Check or ACH transfer which would secure that
we are not penalized for the error of a chosen carrier.
Thank you for your time and consideration. It is appreciated.
Sincerely,
~()~
Steven Davis
Property Controller
5314 North River Run Drive, Suite 310, Provo, Utah 84604- ph 801.919.3440- fx 801.919.3441
-=
-=
;_f",
&
-=
4-6-9: PAYMENT OF TAX, INTEREST AND PENALTIES:f:: 0
Every licensee shall pay the transient lodging tax to the city clerk on or before the tenth day of the
month when such tax shall accrue. Payment of the transient lodging tax shall become delinquent on
the sixteenth day of the month. Such tax becomes payable to the city clerk by the licensee pursuant
hereto. (Ord. 627, 11-9-2004)
4-6-12: PENALTIES AND INTEREST:f!: 0
1
If the transient lodging tax is not paid on or before the fifteenth day of the month in which it becomes
due, or if such day falls on a Saturday, Sunday or legal holiday, on the next succeeding day not a
Saturday, Sunday or legal holiday, then the licensee shall pay a penalty of fifteen percent (15%) of
the unpaid, due and delinquent transient lodging tax, and the licensee shall also pay the costs of
collection of the tax, penalty, court costs and attorney fees. (Ord. 627, 11-9-2004)
Agenda Item# _ _ _ _ _ _ _ _ __
Elko City Council
Agenda Action Sheet
I.
Title: Review and possible consideration of a request by Hilton Garden Inn to waive
the late fees currently pending on a delinquent room tax reporting for December
2003, and matters related thereto. ACTION ITEM
2.
Meeting Date: January 27, 2004
3.
Agenda Category:
(Please highlight)
PERSONNEL UNFINISHED BUSINESS NEW BUSINESS SUBDIVISIONS_ APPROPRIATIONS
REPORTS PUBLIC HEARINGS RESOLUTIONS AND ORDINANCES SPECIAL PRESENTATION
APPEALS
4.
Time Required: 5 minutes
5.
Background Information: Mr. Ruben Abeyta submitted payment on January 16,
2004 resulting iu a penalty fee being charged pursuant to City Code 4-6-12 which
states, "If the room taxes are not paid on or before the ftfteenth day of the month in
which they become due, or if such day falls on a Saturday, Sunday or legal holiday, on
the next succeeding day not a Saturday, Sunday or legal holiday, then the licensee
shall pay a penalty of ftfteen percent (15%) of the unpaid, due and delinquent room
tax, and the licensee shall also pay the costs of collection of the tax, penalty, court costs
and attorney fees." CC
6.
Budget Information:
Fund name: N/A
7.
Business Impact Statement:
Required I Not Required
(If Business Impact Statement is required, please attach)
8.
Supplemental Agenda Information: N/A
9.
Recommended Motion: Pleasure of the Council.
I 0.
Prepared By: Curtis Calder
II.
12.
Council Action: (to be completed by City Clerk)
A motion was made by Councilman Guttry, seconded by Councilman Hoffman to
deny the request by Hilton Garden Inn to waive the late fees on the delinquent room tax
reporting for December 2003.
Motion carried 4-0.
Councilman Johnson was absent.
**
13.
Agenda Distribution: Ruben Abeyta; Hilton Garden Inn 3650 E. Idaho St., Elko, NV 89801
Created on 7/29/15
VI.
A.
Review and possible consideration of a request by Hilton Garden Inn to waive the
late fees currently pending on a delinquent room tax reporting for December
Mr. Ruben Abeyta submitted payment on January 16, 2004 resulting in a penalty
fee being charged pursuant to City Code 4-6-12 which states, "If the room taxes
are not paid on or before the fifteenth day ofthe month in which they become due,
or if such day falls on a Saturday, Sunday or legal holiday, on the next succeeding
day not a Saturday, Sunday or legal holiday, then the licensee shall pay a penalty
offifteen percent (15%) of the unpaid, due and delinquent room tax, and the
licensee shall also pay the costs of collection of the tax, penalty, court costs and
attorney fees. " CC
General Manager of Hilton Garden Inn, Ruben Abeyta stated he was before the Council
to appeal a penalty assessed to his organization in the amount of $1,081.92 for failing to pay the
December room tax by the 15'h of the month. He did not deny being late. Abeyta stated he
ritually delivered the tax to City Hall to avoid such penalties, but that day got away from him in
the heat of his busy schedule. Abeyta noted he was given the option by staff to address the
Council about the penalty. He asked the Council to consider waiving the penalty. Abeyta also
asked the Council to reconsider the percentage of the penalty.
Mayor Franzoia stated the 15% penalty had been in place for years. Franzoia asked if the
payment would have been late if it was postmarked for the 15 1h.
City Clerk Lynch stated the postmark stamp would have been accepted. She also stated if
Abeyta would have put the payment in the front drop box outside of City Hall the payment
would have been accepted. Lynch noted that the room taxes were actually due on the JO'h of the
month. Businesses were given a 5-day grace period.
Councilman Guttry stated the Council had gone through this type of situation several
times and they never granted a waiver.
**
deny the request by Hilton Garden Inn to waive the late fees on the delinquent room tax
reporting for December 2003.
Motion carried 4-0.
Councilman Johnson was absent.
City Council
01-27-2004
16
Agenda Item# _ _ _ _ _ _ _ _ __
Elko City Council
Agenda Action Sheet
I.
Title: Review and possible consideration of a request by Econo Lodge Inn & Suite to
waive the late fees currently pending on a delinquent room tax reporting for September
2.
Meeting Date: November 25, 2003
3.
Agenda Category:
(Please highlight)
PERSONNEL UNFINISHED BUSINESS NEW BUSINESS SUBDIVISIONS_ APPROPRIATIONS
APPEALS
4.
Time Required: 5 minutes
5.
Background Information: Mr. Patel hand delivered his August room tax report on
September 16, 2003 resulting in a penalty fee being charged pursuant to City Code 4-612 which states, "If the room taxes are not paid on or before the fifteenth day of the
month in which they become due, or if such day falls on a Saturday, Sunday or legal
holiday, on the next succeeding day not a Saturday, Sunday or legal holiday, then the
licensee shall pay a penalty offifteen percent (15%) of the unpaid, due and delinquent
room tax, and the licensee shall also pay the costs ofcollection of the tax, penalty, court
costs and attorney fees. " LL
6.
Budget Information:
Appropriation Required:
Fund name:
7.
(If Business Impact Statement is required, please attach)
8.
Supplemental Agenda Information:
9.
Recommended Motion: denial
10.
Prepared By: Lori Lynch
11.
12.
**
deny waiver of late fees currently pending on a delinquent room tax reporting for Econo
Lodge Inn & Suite.
Motion carried unanimously.
13.
Agenda Distribution: Chuck Patel; Econo Lodge Inn 3320 E. Idaho St., Elko, NV 89801
Created on 7/29/15
B.
Review and possible consideration of a request by Econo Lodge Inn & Suite to
waive the late fees currently pending on a delinquent room tax reporting for
September, 2003, and matters related thereto. ACTION ITEM
Mr. Patel hand delivered his August room tax report on September 16, 2003
resulting in a penalty fee being charged pursuant to City Code 4-6-12 which
states, "If the room taxes are not paid on or before the fifteenth day of the month
in which they become due, or if such day falls on a Saturday, Sunday or legal
holiday, on the next succeeding day not a Saturday, Sunday or legal holiday, then
the licensee shall pay a penalty offifteen percent (15%) of the unpaid, due and
delinquent room tax, and the licensee shall also pay the costs of collection of the
tax, penalty, court costs and attorney fees. " LL
Mr. Patel stated he had to leave his office August 28, 2003 because of a family
emergency. He was not able to get the bill into the City until September 16'h.
Councilman Guttry stated that the City had no flexibility with room tax collection.
**
deny waiver of late fees currently pending on a delinquent room tax reporting for Econo
Motion carried unanimously.
Lodge Inn & Suite.
City Council
11-25-2003
24
Agenda Item# _ _ _ _ _ _ _ _ __
City of Elko Board of Supervisors
Agenda Action Sheet
I.
Title: Reconsideration, discussion and possible action pertaining to a request for a
waiver of late penalties assessed for the late payment of room taxes from Champak
Lal, representing Days Inn, and other matters related thereto. ACTION ITEM
2.
Meeting Date: February 11, 2003
3.
Agenda Category:
Appeals
4.
Time Required:
10 minutes
5.
Background Information:
Mr. Lal has reported that he was out of the country
when room taxes were due for the Days Inn. He is asking that the City Council
waive the late penalty of $215.97 charged by City Code. Mr. Lal has reported that
he did not receive notification regarding this item being on the January 281h City
Council meeting. He has asked that he be given the opportunity to provide
testimony regarding this issue, thus, staff is placing this on your agenda for
reconsideration. LR
6.
Budget Infonnation: n/a
Fund name:
7.
8.
Supplemental Agenda Infonnation: Room Tax Delinquency Notice
9.
Recommended Motion: No recommendation offered, however, this could be a matter of
precedence and the Council is asked to proceed cautiously.
I 0.
Prepared By: Linda Ritter
II.
12.
**
No action was taken.
Days Inn President, Champak Lal presented a copy of his passport to the Council proving
that he had been out of the Country for 6 weeks. He had a manager watching his businesses
while he was gone. The manager was expecting a tax form from the City and did not know that
he already had the form and had to mail it in. Lal stated this was the first time in 20 years that he
had ever been late on his room tax.
**
13.
(Please list the name, address, fax number or e-mail address for anyone needing to receive a copy
of this agenda)
Champak Lao, Days Inn
Created on 7/29/15
V.
A.
Reconsideration, discussion and possible action pertaining to a request for a
waiver of late penalties assessed for the late payment of room taxes from
Champak La!, representing Days Inn, and other matters related thereto. ACTION
ITEM
Mr. La! has reported that he was out of the country when room taxes were due for
the Days Inn. He is asking that the City Council waive the late penalty of $215.97
charged by City Code. Mr. La! has reported that he did not receive notification
regarding this item being on the January 281h City Council meeting. He has asked
that he be given the opportunity to provide testimony regarding this issue, thus,
staff is placing this on your agenda for reconsideration. LR
Councilman Hoffman inquired if the Council should make a motion to reconsider this
item.
Mayor Franzoia suggested having Mr. La! address the Council under the Public
Comment Period. If the Council wanted to reconsider their motion they could do so under the
agenda item, but if they did not choose to reconsider the item the existing motion would be left
standing.
Councilman Johnson understood City Code to state reconsideration could only be
brought by the prevailing party at the same meeting.
Councilman Hoffman thought that section of code applied to readdressing an agenda item
during the same meeting.
City Manager Ritter stated when staff first brought the issue to the Council the person
appealing for the waiver was not in attendance. Mr. La! had asked if he could approach the
Council and personally state his case.
Mayor Franzoia suggested Mr. La! make his comments under the pubic comment period.
(see public comment period for Mr. Lal's comments)
After hearing Mr. La! comments under public hearing the Council continued with the
item.
Councilman Guttry stated he was not in favor of reconsidering the item for the simple
reason that if the Council waived the fee anyone who was ever late could come to the Council
requesting waivers also. It would be hard for the Council to grant one waiver and they deny
another. Guttry noted that the denial was not personal.
Mayor Franzoia agreed with Councilman Guttry and empathized with Mr. La!.
**
City Council
02-11-2003
19
C.
Request for a waiver of late penalties assessed for the late payment of room taxes
from Champak La representing Days Inn, and other matters related thereto.
ACTION ITEM
Mr. La has reported that he was out of the country when room taxes were due for
the Days Inn. He is asking that the City Council waive the late penalty of$215.97
charged by City Code. LR
Councilman Guttry had an issue with waiving any type of penalty. He stated there were
ways a person could have others take care of a business if they were away. Guttry suggested the
Council stick to its policy.
Mayor Franzoia inquired if a person over paid a month if the City would give a credit
back.
City Clerk Lynch explained that people did not overpay room taxes because they were
based on room rentals.
Mayor Franzoia stated if he knew he was leaving and knew his room tax was due he
could mail a check for an estimated amount just to make sure the bill was covered.
City Manager Ritter stated the City would settle the credit. She did not see that event
happening because people had employees who kept business running in their absence.
**
A motion was made by Councilman Guttry, seconded by Councilman Conner to
deny the waiver of late penalties assessed for the late payment of room taxes from
Champak Lao representing Days Inn.
Motion carried 4-0.
Councilman Hoffman was absent.
City Council
01-28-2003
13
Agenda Item# _ _ _ _ _ _ _ _ __
City of Elko Board of Supervisors
Agenda Action Sheet
I.
Title: Consideration of a request for a waiver of penalty imposed pursuant to Elko
City Code 4-6-12 by the Elko City Clerk for room taxes received from AmeriTel
Inns, Inc., and other matters related thereto. ACTION ITEM
2.
Meeting Date:
3.
Agenda Category:
June 13, 2000
(Please highlight)
PERSONNEL UNFINISHED BUSINESS NEW BUSINESS SUBDIVISIONS APPROPRIATIONS
4.
Time Required:
5.
Background Information:
Pursuant to Elko City Code 4-6-12, room tax payment
1
are due on or before the 15 h day of the month, for the month immediately prior.
The payment made by Ameritel Inns, Inc. for the month of February, 2000 was
received in the City Clerks office on March 21, 2000. The payment was not mailed,
however, was dropped in the Clerk I Finance drop box on the north side of City
Hall. It is the contention of Ameritel Inns that the payment was mailed on March
15, 2000 from Boise. They are asking that the Board waive the penalty fee of
$1,155.30. LR
6.
Budget Information:
Fund name:
15 minutes
n/a
7.
8.
Supplemental Agenda Information:
Letter of request from AmeriTel Inns, Inc., dated May 23, 2000
Letter to J. Scott Ableman, CFO, AmeriTel Inns, from Linda Ritter, dated May 18,
2000.
Letter from J. Scott Ableman, CFO, AmeriTel Inns to Lori Lynch, dated May 9,
2000.
Letter from Lori Lynch to AmeriTel Inns, dated April17, 2000
Penalty notice to AmeriTel Inns dated March 22, 2000
Elko City Code 4-6-11
9.
Recommended Motion:
I 0.
Prepared By:
11.
12.
Deny waiver
Linda Ritter
**
A motion was made by Supervisor Guttry, seconded by Supervisor Myers to
deny the request for a waiver of penalty imposed pursuant to Elko City Code 4-6-12 by the
Created on 7/29/15
Agenda Item# _ _ _ _ _ _ _ _ __
Elko City Clerk for room taxes received from AmeriTel Inns, Inc.
Motion carried 4-1.
Supervisor Ellison voted nay.
13.
J. Scott Ableman, CFO
AmeriTel Inns, Inc.
FAX 208-375-3434
Created on 7/29/15
E.
Consideration of a request for a waiver of penalty imposed pursuant to Elko City
Code 4-6-12 by the Elko City Clerk for room taxes received from AmeriTel Inns,
Inc., and other matters related thereto. ACTION ITEM
Pursuant to Elko City Code 4-6-12, room tax payment are due on or before the
15th day of the month, for the month immediately prior. The payment made by
AmeriTel Inns, Inc. for the month of February, 2000 was received in the City
Clerks office on March 21, 2000. The payment was not mailed, however, was
dropped in the Clerk I Finance drop box on the north side of City Hall. It is the
contention of AmeriTel Inns that the payment was mailed on March 15,2000
from Boise. They are asking that the Board waive the penalty fee of$1,155.30.
LR
Elko City Clerk Lynch explained that the AmeriTel payment was received in the Water
Department payment drop box on March 21, 2000 and was not postmarked. Lynch informed the
Board of the delinquent process and that AmeriTel did not comply. She stated this was the first
time the penalty was asked to be waived. Other companies who have made the same mistake pay
the fine.
Supervisor Guttry did not want to set precedence by waiving the penalty.
**
A motion was made by Supervisor Guttry, seconded by Supervisor Myers to
deny the request for a waiver of penalty imposed pursuant to Elko City Code 4-6-12 by the
Elko City Clerk for room taxes received from AmeriTel Inns, Inc.
Motion carried 4-1.
Supervisor Ellison voted nay.
Board of Supervisors
06-13-2000
10
/!'-'--------
Agenda Item # _ _.JZZI""='==------'-
Elko City Council
Agenda Action Sheet
1.
Title: Review, consideration, and possible action in response to an appeal of the Elko
City Planning Commission's decision recommending that the Council adopt a
resolution which approves Rezone No. 9-15, filed by Bailey & Associates LLC, for a
change in zoning from AG (General Agriculture) toR (Single-Family and MultipleFamily Residential) for the development of residential lots, the property being
located generally west of Sagecrest Drive approximately 665 feet north of Mountain
City Highway (APN 001-01F-318), and matters related thereto. FOR POSSIBLE
ACTION
In consideration of this item, the Council may affirm, modify or reverse the decision
of the Planning Commission.
2.
3.
Agenda Category: Jrcl.)BUCilEAIUNG
4.
5.
Background Information: The Planning Commission considered the subject zone
change request on August 4, 2015. Subsequently, an appeal was received of the
Planning Commission's decision. Staff is in support of the zone change as it is in
conformance with the Master Plan. Additionally, density allowed for in the AG
zone, one residence per five acres, will not be feasible as any development will
require public improvements along the frontage of the parcel, approximately 295
feet. This parcel was annexed into the City on July 31, 2015. All property annexed
into the City shall be zoned AG until the zone change process has occurred. The AG
district is intended to constitute a "hold" district. RM
6.
Budget Information:
Fund name: N/A
7.
8.
Supplemental Agenda Information: Appeal letter, P.C. Action Report, draft August 4,
2015 P.C. Minutes, Staff Reports, and application
9.
Recommended Motion: Pleasure of the Council
10.
Prepared By: Rick Magness, City Planner
11.
12.
Council Action:
13.
Agenda Distribution: Bailey & Associates LLC
Attn: Jon Bailey
780 W. Silver Street #104
Elko, NV 89801
Ms. Linda Morse
PO Box 135
Elko, NV 89803
Linda Morse
POBox 135
Elko, NV 89803-0135
August 14, 2015
HAND DEUVERED
City of Elko
Attention City Council
1751 College Avenue
Elko, NV 89801
U~©~UV~
n
AUG 1 4 20lS
~
li.:J
9..0·
Ladies and Gentlemen:
RE: Appeal of August 4 Decision to Rezone No. 9-15 for Parcel No.3 of Parcel Map No. 280346
Morse family has lived on Sagecrest Drive since May 24, 2001. This property became our choice for rural retirement because
it offers a natural resource of underground water, plenty of sunshine, land to develop, and stars at night. We have embraced
our simple rural life-style with our two neighbors, but most definitely with the remaining wildlife that ventures on/off our
acreage without threat-deer, coyote, rabbits, migratory birds, quail and Swainson's hawks. We produce apples and pears
that we can and freeze. Our property is low density with a pump house and log home. The rezoning of Bailey and Associates
2.8 acres from AG (General Agriculture) toR (Single-Family and Multi-Family Residential) should be reversed to AG because
the Morse family will bear the brunt of changed conditions of living to include light pollution, noises, music, odors, visual
intrusions of one's peace and privacy, and pollution from petroleum-laced products that can potentially affect the aquifer of
underground well water.
Reasons for Appeal
June 2 and July 7
Audio recordings from your June 2 and July 7 planning meetings regarding annexation of Bailey's 2.8 acres have an urgent
tone of concern from commissioners questioning "Whv are the other property owners not here?" Your office was not
transparent in notifying adjacent property owners of Bailey's application for city annexation of 2.8 acres of county property.
Therefore, I am appealing your current rezoning decision of August 4.
August 4--Pianning Commission/Regular Meeting/New Business/Public Hearings/2/Pianning Discussion and Deliberation.
Commissioner Joe Becker noted " •.• wished you had been here for the annexation portion. I think that that would have
been appropriate .. .. " When I asked, "Haw would we have known? Would we have received a little yellow card? • .•• n
Rick Magness responded, " ••• annexations are noticed . .. posted agendas ond advertised in the Elko Doily Free Press • •.
follows NRS code and city code . .. 1 do see where that is not satisfactory." Therefore, I am appealing your current rezoning
decision of August 4.
August 4-Pianning Commission/Regular Meeting/New Business/Public Hearings/2/Pianning Discussion and Deliberation.
Being rezoned from AG toR opens a path for multi-family units which are not in the best interest for medium density. Bailey
and Associates should be held to the 11 custom home lots for single family residential as written on page 3 of 6, Project
Information form and written on page 2, Application for Annexation filed by Bailey and Associates on April 28, 2015.
Medium density with 13 single-family and multi-family units will engulf the entire front of adjacent Morse property.
Therefore, I am appealing your current rezoning decision of August 4.
Please reschedule a public hearing for Rezoning No. 9-15 with mailing notices to all property owners on Sagecrest Drive.
Sincerely
~ ~(u,_ Y? 1{jU"
Linda Morse
\
-<....__
pc:
Owen Boyack and Kathy Pennington
Diana Van Norman
CITY OF ELKO
DEVELOPMENT DEPARTMENT
1755 COLLEGE AVENUE
ELKO, NEVADA 89801
(775)777 -7210
(775)777-7219 FAX
To:
From:
RE:
Date:
Elko City Council
Jeremy Draper, Development Manager
Appeal of Rezone 9-15 filed by Bailey and Associates
August 26, 2015
The City of Elko has received an appeal of the decision of the Elko Planning
Commission to forward a recommendation of approval for rezone 9-15. The appeal
appears to have been filed in accordance with City Code 3-2-25. The purposed of this
memo is to assist the City Council with the review of the appeal as filed by Linda Morse
and to provide the City Council with the position of Staff on this matter.
Background
•
•
•
•
•
•
•
•
The property is located generally adjacent to Sagecrest Drive, North of Mountain
City Highway
The property is identified as APN 001-01 F-318.
The property is currently undeveloped
The property was annexed into the City of Elko at the July 28, 2015 City Council
Meeting on recommendation from the Planning Commission and its meeting on
July 7, 2015
The applicant requested the property be rezoned from Agricultural to the R
Single Family and Multiple-Family Residential Zoning District
The Planning Commission considered Rezone 9-15 at the August 4, 2015
meeting and took action to "forward a recommendation to City Council to adopt a
resolution which approves Rezone 9-15 as presented."
Legal notification in accordance with NRS 278.260 requiring notification of each
owner of real property located within 300 feet of the portion of the boundary
being changed was completed on July 23, 2015, and the notice was published in
the Elko Daily Free Press on July 24, 2015.
The Land Use Component of the Master Plan identifies the use of this property
as Residential Medium Density. In accordance with the Master Plan the following
are applicable:
o Corresponding Zoning District includes R-Single Family and Multiple
Family Residential
o The Residential Development Density is five (5) to eight (8) units per acre
o A conditional use permit may allow for higher densities
o The zoning meets Objective 1: Promote a diverse mix of housing options
to meet the needs of a variety of lifestyles, incomes, and age groups.
Created by Jeremy Draper
Page 2 of 3
Appeal
In accordance with City Code, 3-2-25-A, Any decision of the planning commission ...
may be appealed in writing to the city council by any person aggrieved by such a
decision.
Ms. Morse identifies the following reasons for her appeal of the Planning Commission's
decision.
•
•
•
•
•
•
•
•
Notification to adjacent property owners for the annexation of the property into
the city were not completed properly for the Planning Commission meetings on
June 2 and July 7, 2015.
Staff responds as follows:
o It does not appear that this is a valid argument for the appeal of the
decision for the rezone. The annexation is a separate matter and the time
for the right to appeal the annexation has passed.
o The annexation was noticed in accordance with NRS 268.610-668, with a
publication in the Elko Daily Free Press
o The annexation was completed prior to Mr. Bailey filing for a rezone of the
property
At the August 4, 2015 Planning Meeting, Planning Commissioners expressed
concern that residents in the area were not at the hearing for the annexation.
o Again Ms. Morse expresses concern regarding the notification of the
annexation, but the annexation decision is separate and apart from the
rezone decision and is not properly before the City Council.
Rezone from AG to R ... is not in the best interest of Medium Density.
o In accordance with the Master Plan, Medium Density Residential allows
for construction of multiple-family housing, row houses, town homes, and
single-family units. It does not appear that this is a valid argument for an
appeal of the Planning Commission's decision, but this issue is within the
discretion of the City Council.
Bailey and Associates should be held to 11 custom home lots for single family
residential, not the 13 proposed.
o The planning commission has not considered a subdivision for this
property at this time. Rather, they have only considered a rezone of the
property to R-Single Family and Multiple Family Residential. This does
not appear to be a valid reason for an appeal.
o Bailey and Associates conducted a Stage 1 meeting with city staff and the
Planning Commission Chairman on July 30, 2015 to review a proposed
subdivision on this parcel. The proposed subdivision includes 13 lots,
which equates to a density of 4.64 lots per acre. This is below the
Page 3 of 3
•
•
development density as recommended in the Master Plan Land Use
Component.
o Placing conditions on a rezone that restrict the principal uses or
conditional uses as allowed by the City Code, including restrictions on
density, are not appropriate during the rezone of a property.
Ms. Morse requests a public hearing for rezone 9-15 be rescheduled and notices
be mailed to all property owners on Sagecrest Drive.
o As noted in the background information all property owners within 300 feet
of the property being considered for rezone were notified in accordance
with NRS 278.260. This does not appear to be a valid basis for appeal.
It appears that proper procedures were followed by City Staff and the Planning
Commission in considering the property in question for rezone from AG-agricultural to
R-Single Family and Multiple-Family Residential. All notifications to the adjacent
property owners were completed in accordance with NRS and the Elko City Code. In
reviewing the points for appeal by Ms. Morse, Staff believes that there are no valid
arguments presented in the appeal for rejecting the Planning Commission's
recommendations regarding rezone 9-15 filed by Bailey and Associates.
CITY OF ELKO
Website: !hww.elkocity.com
Planning Department
1751 College Avenue
Elko, Nevada 89801 · (775) 777-7160
Email: [email protected]
Fax (775) 777-7119
CITYOFELKO
PLANNING COMMISSION ACTION REPORT
Regular Meeting of August 4, 2015
WHEREAS, the following item was reviewed and considered by the Elko City Planning
Commission on August 4, 2015 under Public Hearing format in accordance with notification
requirements contained in Section 3-2-21 B. I. of the City Code:
Rezone No. 9-15, filed by Bailey & Associates LLC, for a change in zoning from AG
(General Agriculture) toR (Single-Family and Multiple-Family Residential) for the
development of residential lots, and matters related thereto.
The subject property is located generally west of Sagecrest Drive approximately 665 feet
north of Mountain City Highway.
WHEREAS, the Planning Commission, upon review and consideration of the application and
supporting data, public input and testimony, forward a recommendation to City Council to adopt
a resolution which approves Rezone No. 9-15 as presented.
The Planning Commission's findings to support its recommendation are the zone change is in
conformance with the City of Elko Master Plan Land Use and Transportation components, the
City of Elko Redevelopment Plan, the City of Elko Wellhead Protection Plan, and City of Elko
Code Sections 2-13-3, 3-2-4, 3-2-5(E), 3-2-21, and 3-8.
Rick Mag
Attest:
Rebecca Hansen, Planning T~chnician
CC:
Applicant
Jeremy Draper, Development Manager (via email)
Upon issuance of an occupancy permit for the conditional use, signifying that all
zoning and site development requirements imposed in connection with the permit
have been satisfied, the conditional use permit shall thereafter be transferable and
shall run with the land, whereupon the maintenance or special conditions imposed by
the permit, as well as compliance with other provisions of the zoning district, shall be
the responsibility of the property owner.
3) The property owner shall shield the lighting in the parking areas from shining into the
adjacent residential district.
4) The property owner shall extend the public improvements
Ruby Vista Drive to
the western boundary of the property.
2. Conditions in the City of Elko Staff Report dated August
Development Department's conditions) listed as
1) A Landscape Plan will be submitted at time of
Landscaping will be provided per code.
2) Compliance with all staff conditions.
Commissioner Negrete's findings are the ~or"lifiKr'
Master Plan Land Use and Transportation co1npon(:nt:s;
the City ofElko Wellhead Protection Plan, and City of
(B), 3-2-17, and 3-2-18.
ofElko
Moved by Jose Negrete, Seconded by
***The motion passed
9-15, filed by Bailey & Associates LLC, for
_..""-'~)toR (Single-Family and Multipleresidential lots, and matters related
2.
Linda Morse, 3750
Drive, PO Box 135, wasn't in favor of rezoning the property.
Putting a dozen or
right there compromises the agricultural value of her property as
well as taking away
the very front view of her home. She sent in a letter because she was
concerned about a flood plan to handle the drainage of snow pack that comes in behind her
property, onto her property, and then down into Bailey's property, and if it would be structural or
non-structural. She was informed by Mr. Magness that the civil plans will take place after
rezoning, so she can wait. She was also concerned about safety with the speed ofthe vehicles
coming off of Mountain City Highway. It needs to be posted showing there is construction going
on both on the 2.8 acres as well as at the other end. It also needs to be posted for Children At
Play.
City ofElko Planning Commission
08/04115
3
Mr. Bailey explained they try to address issues that could be concerns to neighbors, for example,
they will provide fully enclosed fenced yards and landscaping in the front yard. They want to
build a quality product that the neighbors also feel brings home values up. The homes for this
cul-de-sac are quite a bit larger than the ones down below. He is very sensitive to the drainage,
and will include a catch basin. He is building a 30 foot paved road all the way up to her property
which would be impractical with a single house. He was also willing to do signage for the
children's safety. Other than that he'll give her his business card that way if there are issues
during construction they can address them right away.
Ms. Morse wondered if the houses would be one-story or two-s;to~
Mr. Bailey said both. He understood her view issues bec;au1se~
southeast, and was willing to draw the elevation of the
a good 15 feet from where her property is to the
as impactful as she thinks.
mountains on the
That land slopes
it might not be
Ms. Morse was willing to work with Mr. Bailey.
Vice-Chairman Freistroffer wondered
easement. (no)
Cathy Pennington, 3732 Sagecrest Drive,
rezoning opposition because there are only
was changed from County to City, so now
13
parcels. She actually
will no longer be
nursery, or a pig
one parcel from om~~''''
parcels up
~clestJre<ld show of
7'h the parcel in question
against their three County
bring their values down. They
properties such as having a business, a
~aytess to the City. She felt changing this
zoning. There are four 2.8 acre
t§i,denctial with a plan to build 13 homes it
ecJsw'n about the lifestyle that they've lived for
of them. It is the price of progress, she understood
iil'have that convenience of living out of town away
the things they bought into when they built their
approve the zone change she wanted it to at least
consider
that a two to one ratio is plenty high enough. Along Mountain
City Highway
population, and as you move into Boulder Creek and Autumn
Colors you get into
dwellings. As you move further away from the main road
up into the County
the population should become less dense not more dense. She
understood 13 homes
2.8 acres is considered medium density, but to her it's pretty heavy
density. She hoped the Commission would consider the smaller number of homes where they can
negotiate. She knew Bailey & Associates wouldn't make as much money that way and it all
comes down to money, but those were her personal feelings.
Mr. Bailey clarified that all their parcels already had a City boundary. A medium density
residential development is in conformance with the neighborhood. Their larger concern should
probably be the property to the east because it is commercial and could be developed as big box
City of Elko Planning Commission
08/04/15
4
retail. As the city grows they may also decide to develop their properties and have them brought
into the City. Limiting what's done to your neighbors would also limit what you would be able to
do on your own properties at some point. He does want to be a good neighbor.
Mr. Magness pointed out the Master Plan identifies this area as medium-density residential. This
was approved for annexation and already is in the City. He appreciated the neighbor's concerns.
When we annex property it comes in as agricultural, and that's the designation it has until the use
is established. That is what the applicant is here to do tonight. We also appreciate that the
applicant is proposing larger lots than what is found in Autumn
his willingness to
work with the adjacent homeowner. He recommended approval.
Mr. Draper explained the medium-density residential de:;ig1nat.
acre. We also look at the surrounding uses, so changing this
recommended approval.
as 5 - 8 units per
appropriate. He
Mr. Thibault and Mr. Wilkinson recommended
Commissioner Martinez wondered if staffs rec:orr1m1~r
R zoning district (yes). Was there any consideration
Mr. Magness explained R2 has the
about the product or the flexibility this
so if there's a concern
of the way.
Commissioner Martinez was
mitigate the density
from a zoning perspective to
a conditional use permit. In zoning
of single-family detached product
and that is
itself does
of design,
but it is possible
talking about is 4.5 units per acre. The zoning
when you start to consider multi-family there are elements
, etc. that come into factor. We can say that's not feasible,
Commissioner
yes, but it also reduces the density because of those tight
confinements that yo1fdiscuss which then confines the parcel to a smaller buildable area.
Commissioner Becker appreciated the neighbors' perspectives, and wished they would have been
here for the annexation. That would have been a better time because agricultural property inside
the City is not practical, and not in conformance with our Land Use and all these other aspects.
We will see this again as we divide the lot, and a lot of those other concerns can be addressed at
that time. What stands before us is pretty matter of fact and straight forward.
08/04115
5
Ms. Morse wondered how they would have known about the annexation. Would they have
received a yellow postcard? They didn't.
Commissioner Becker wondered if that was a matter of them being in the County versus the
City.
Mr. Magness said no it just has to do with how annexations are noticed. The way the annexation
was noticed is we have our agendas that are posted prior to the meeting, and then it was
our City Codes.
advertised in the Elko Daily (Free Press). That's standard through N
We're complying with City Code, but I do see where that's kind of
Ms. Morse said it's definitely not.
Commissioner Martinez noted during the annexation
single-family lots the entire time. All of us looked at
that development that's already going on right
that perspective, moving forward it was always
have from a condition standpoint to ensure that the
this process?
Vice-Chairman Freistroffer wondered if
Mr. Magness said it does when you go to
There was a review of
Mr. Wilkinson notedl!l
duplexes, and then
nr;n,;no 1
through four
up the chain. Here you have one and
use (permit). Then you get into R. One
or more you have to have a C.U.P. Either
up there it's going to have to come back for
was that the area has a huge saturation of multi-family
already.
a stage one (subdivision) meeting with Mr. Bailey which is
He felt Mr. Bailey was focused on single-family dwellings.
Commissioner
(none)
***Motion: Forward a recommendation to City Council to adopt a resolution which approves
Rezone No. 9-15 as presented.
Commissioner Becker's findings are the zone change is in conformance with the City of Elko
Master Plan Land Use and Transportation components, the City of Elko Redevelopment Plan,
08/04/15
6
the City ofElko Wellhead Protection Plan, and City ofElko Code Sections 2-13-3,3-2-4,3-25(E), 3-2-21, and 3-8.
Moved by Joe Becker, Seconded by Jose Negrete
***The motion passed with Commissioner Hooiman voting nay.
3. Review and consideration of Rezone No. 10-15, filed by Petersen Holdings LLC, for
a change in zoning from GI (General Industrial) to C
Commercial) for the
development of an automated car wash tunnel, and
thereto. FOR
POSSIBLE ACTION
The subject property is located generally on the
of Railroad Street and 12'h Street (APNs 00
Commissioner Negrete sat out for this item.
Lana Carter, Carter Engineering, representative
commercial zone. It also conforms a little better because
Mr. Magness explained this application
downtown into better conformance with
within the redevelopment area. The
By having it designated as commercial, it
the downtown. The use ·
off
vehicles on 12th
is of a commercial use.
uses that can happen within
there won't be stacking of
Mr. Draper, Mr.
·oF'Portunity to put more of a commercial buffer
industrial uses that we wouldn't particularly like in
approves
Commission
I. Landscape
2. Comply with
3. Comply with
nCI<ltlOn to City Council to adopt a resolution which conditionally
to the conditions in the August 4, 2015 Planning
will be per code.
Department Memorandum dated July 21, 2015.
other Department conditions.
:IO]Jm,~nt
Commissioner Martinez's findings are the zone change is in conformance with the City ofElko
Master Plan Land Use and Transportation components, the City ofElko Redevelopment Plan,
the City ofElko Wellhead Protection Plan, and City ofElko Code Sections 2-13-3,3-2-4,3-21O(B), 3-2-21, and 3-8.
Moved by Aaron Martinez, Seconded by Joe Becker
08/04115
7
City ofEiko
1751 College Avenue
Elko, NV 89801
(775) 777-7160
FAX (775) 777-7119
CITY OF ELKO STAFF REPORT
PLANNING COMMISSION DATE:
AGENDA ITEM NUl\ffiER:
APPLICATION NUMBER:
APPLICANT:
PROJECT DESCRIPTION:
ADDITIONAL APPLICATIONS:
August 4, 2015
I.A.2.
REZONE9-15
Bailey & Associates
Sagecrest Drive, North of Mtn. City Hwy.
N/A
A Rezone from (A) Agriculture to (R) Residential. Vacant parcel will be developed as
single family detached homes.
STAFF RECOMMENDATION:
RECOMMEND APPROVAL, subject to findings of fact, conditions and wai,ers.
Page 1 of -1
REZONE 9-15
Bailey & Associates
APN's 006-09C-008
PROJECT INFORMATION
PARCEL NUMBERS:
006-09C -008
PARCEL SIZE:
± 2.80 acres
EXISTING ZONING:
(A) Agriculture
MASTER PLAN DESIGNATION:
Residential- Medium Density
EXISTING LAND USE:
Undeveloped
NEIGHBORHOOD CHARACTERISTICS:
The property is surrounded by:
North: Residential/ Developed I County
East: Residential/ Developed I County
South: Residential/ Developed (Autumn Colors)
West: Residential/ Partially Developed (Autumn Colors)
PROPERTY CHARACTERISTICS:
The property is comprised of one lot of record.
The property is currently undeveloped.
Applicable Master Plan Sections, Coordinating Plans, and City Code Sections are:
•
•
•
•
•
•
•
•
•
City ofElko Master Plan- Land Use Component
City ofElko Master Plan- Transportation Component
City of Elko Redevelopment Plan
City ofElko Wellhead Protection Plan
City ofElko Code- Section 2-13-3 Sidewalk, Curb and Gutter Construction
City ofElko Code- Section 3-2-4 Establishment of Zoning Districts
City of Elko Code - Section 3-2-S(E) - R (Single-Family and Multiple-Family
Residential) District
City ofElko Code- Section 3-2-21 Amendments
City of Elko Zoning- Section 3-8 Flood Plain Management
BACKGROUND INFORMATION
I. Planning Commission approved the annexation of this parcel (Annexation 2-15) at the
July 7'\ 2015 meeting.
2. The property is located at Sagecrest Drive.
3. The applicant is requesting Residential zoning classification.
Page 2 of4
REZONE 9-15
Bailey & Associates
APN" s 006-09C-008
MASTERPLAN:
Land use:
I. The Master Plan Land Use Atlas identifies this area as Residential Medium Density.
2. Objective I: Promote a diverse mix of housing options to meet the needs of a variety of
lifestyles, incomes and age groups.
The proposed rezone meets an objective in the Master Plan.
Transportation:
I. The property is accessed from Sagecrest Drive.
2. Sagecrest Drive is classified as a Residential Collector.
The proposed zone change is commensurate with the surrounding transportation infrastructure.
ELKO REDEVELOPMENT PLAN:
I. The property is not located within the redevelopment area.
ELKO WELLHEAD PROTECTION PLAN:
I. The property is located within the 30 year capture zone.
SECTION 2-13-3 SIDEWALK, CURB AND GUTTER CONSTRUCTION
l. Compliance with this section is required at time of development.
SECTION 3-2-4 ESTABLISHMENT OF ZONING DISTRICTS
I. Section 3-2-4 ESTABLISHMENT OF ZONING DISTRICTS states that no yard or lot
area can be reduced below the minimum requirements set forth in Title 3 (zoning).
SECTION 3-2-5 (E) SINGLE FAMILY AND MULTIPLE FAMILY DISTRICT
i. Conformance with the section is required.
SECTION 3-2-21:
Conformance with the section is required.
Page 3 of4
REZONE 9-15
Bailey & Associates
APN's: 006-09C-008
SECTION 3-8
], The property is not located in a designated Special Flood Hazard Area (SFHA).
FINDINGS
I. The proposed rezone is consistent with the Master Plan.
2. Development under the proposed rezone will not adversely impact natural systems, or
public/federal lands such as waterways, wetlands, drainages, floodplains etc., or pose a
danger to human health and safety.
3. The proposed rezone is consistent with the existing transportation infrastructure.
4. The proposed rezone is consistent with surrounding land uses.
5. The proposed rezone is consistent with City of Elko Wellhead Protection Plan.
STAFF RECOMMENDATION:
Staff recommends this item be approved with the following conditions:
CONDITIONS:
I. Compliance with all staff conditions and applicable City Codes.
Page4of4
CITY OF ELKO
DEVELOPMENT DEPARTMENT
1755 COLLEGE AVENUE
ELKO, NEVADA 89801
(775)777 -7210
(775)777-7219 FAX
To:
From:
RE:
Date:
Elko City Planning Commission
Jeremy Draper, Community Development Manager
Rezone 9-15, Bailey and Associates
July 21, 2015
The City of Elko Development Department is providing this correspondence to aid the
Planning Commission's review of Rezone Application 9-15 filed by Bailey and
Associates.
Background
•
•
•
•
The
City
The
The
The
property is located generally adjacent to Sagecrest Drive, North of Mountain
Highway
property is. identified as APN 006-09C-008.
property is currently undeveloped
applicant is requesting Residential zoning classification
Master Plan
Land Use:
• The Land Use component of the Master Plan identifies this area as Residential
Medium Density
• Objective 1: Promote a diverse mix of housing options to meet the needs of a
variety of lifestyles, incomes, and age groups.
Elko Wellhead Protection Plan
•
The property is located within the 30-yr capture zone.
Section 3-2-5 lEI- Single Family and Multiple Family Residential District
•
Conformance with this section is required
Section 3-2-21
•
Conformance with this section is required
Created by Jeremy Draper
Page2of2
Findings
1. The proposed rezone is in conformance with City of Elko Master Plan Land Use
Component
2. The proposed rezone is in conformance with City Code 3-2-5 (E)
3. The proposed rezone is in conformance with City Code 3-2-4-B and C
Recommendation
The City of Elko Development Department recommends that the proposed zone
changes be approved
STAFF COMMENT FLOW SHEET
PLANNING COMMISSION AGENDA DATE:
j
}
>ff'/1/5
**Do not use pencil or red pen, they do not reproduce**
Title:
Kezo{)e
~La..,·~
LLC
~p ~~i; ~ ~Z5;J1) ;£ db'· CitfdJ':il;t Zoning: ..;.t4:...!,..;G=-----
Applicant(s):
Site Location:
Date Received:
COMMENT:
,11/o. 9-/..s:r:J-
.tl_ssaCc.tfo-t_,.,s_
zl;:l:
Date Public Notice:
Tiu.s Is /Jc_ a..
zo4e---:: h~
fV/"Jb;o?e-~: . w ReJeAhaJ) £;:
ftL
_,7c..t,__,a.,~L!,_,h'-'='5'-------
f._ {:,,·,Je-~
r
;,:d&{;;n£; :Ps.'?IJ:.[;M.ff
**If additional space is needed please provide a separate memorandum**
Assistant City Manager: nate:
City Manager: nate:
7t/z
7,/:;.q ll)
¥>
Initial
Initial
Rebecca Hansen
Sent:
To:
Subject:
John Kingwell <[email protected]>
Friday, July 24, 2015 1:22 PM
Rebecca Hansen
RE: Rez 9-15 Bailey & Assoc
Thank you Rebecca. I have no commets.
Sincerely,
John W. Kingwell
Planning and Zoning Supervisor
Code Enforcement Officer
Phone: (775) 748-0214
(775) 934-4094
Cell:
(775) 738-4581
Fax:
E-Mail: [email protected]
Website: \NV.'w.elkocountynv.net
Mail: John W. Kingwell
Elko County Planning & Zoning Dept.
540 Court Street, Suite I 04
Elko, NV 89801
From: Rebecca Hansen [mailto:[email protected]]
Sent: Friday, July 24, 2015 11:33 AM
To: John Kingwell
Subject: Rez 9-15 Bailey & Assoc
John,
cirst of all, I must deeply apologize! I forgot to send the notification to you for a zone change which abuts County
property. The property in question is the soon to be annexed parcel that you commented on for Bailey & Associates
located north of Mountain City Highway on the west side of Sagecrest. Please see the attached related documents. A
response by email is fine if you have any concerns. Thank you!
1
CITY OF ELKO PLANNING DEPARTMENT
•
1751 College Avenue* Elko *Nevada* 89801
(775) 777-7160 phone* (775) 777-7119 fRECEIVED
JUL 1 4 20\5
APPLICATION FOR ZONE CHANGiutfaJ: _ __
FILING REQUIREMENTS:
An application for Zone Change must be complete and signed. Please check off the following
additional items to ensure you have a complete application. Any missing information or plans
will result in your application being tabled or denied.
Note: Ten (10) sets of plans, preferably pre-folded, must accompany the application along with
one (1) set of reproducible plans either 8 W' x 11" in size or 11" x 17" in size. A completed
application must be received by the City Planning Department at least twenty-one (21) days
prior to the next scheduled meeting of the Elko City Planning Commission.
Fee: A $300.00 non-refundable filing fee.
Area Map: A map of the area proposed for this zone change must be provided.
Plot Plan: If the property is developed or improved, a surveyed plot plan depicting the
existing condition drawn to scale showing property lines, existing and proposed buildings, and
information must be provided.
Legal Description: A complete legal description of the property proposed for zone change
must be provided.
Other Information: The applicant is encouraged to submit other information and
documentation to support this Rezone Application.
APPLICANT(s):
'b\11.-H
S
1\s~.o< I"' :c-2
(If the applicant is different from the property owner, property owner's consent in writing must be provided.l
MAILING ADDRESS:
-:1_"00
t..v '=-' L-Vf-((...
:),PHONE NO. (Home)
?lis.--)(..., 51
(Business)
·n I - 777$
NAME OF PROPERTY OWNER (If different): ---'",q..r.;:"'-----------
ADDRESS:~~~~~~~~--~~~~~~=-~~-~~--
LEGAL DESCRIPTION AND LOCATION OF PROPERTY INVOLVED (Attach if necessary):
ASSESSORPARCELNUMBER: _ _~OO~~~~~C~OOZ~~--------Lot(s):
Block:
3'-1 AI
SUBDIVISION:
,.J{tr
ADD RE:::S:::S-:---":....L-:."-;?A-:--:-Ct-:-(-:f2-t$:--:---r._.,.D,...,.t.-:-ltfc=:--
Revised 08/0 l/12
1. Identify the existing zoning classification of the property:
M.f¥:i:.mo.-J
t\oo Yf<\l
sv ?:A' ''c:O
(pvt-J 7'7 Ofk"
.5o.-t;tt-'>S. -;<It;"
C.vtf.fU-,J-;-L '( '>J
·mt&-.f-t>\?f vQ<>~J
2. Identify the zoning Classification being proposed/requested:--"-"=--------3. Explain in detail the type and nature of the use anticipated on the property: _ _ _ _ __
.S"vZp,v,<.,,c...;;
or f1fUtL Tv
t~ i.,o"'C'S],OODt-.:;.E (--t"C-i+-.
4. Explain how the proposed zoning classification relates with other zoning classifications in the
area:
.51"-''-L£ P'\'"'lt-'r
To ntt vJhT ~ SD-"T7"f w/,N nre c' c-z
5tNf,Lf
rA"-"11
y
rv
·nrf
1\J.')•'Z-Th- AA>O
CAS=r-
vJ/7.'...
I
·Tltt'
cOr-J"-'··:--r.
5. Identify any unique physical features or characteristics associated with the property: _ _
:1\·.V~ 'j)(r[W B,\"S·"-> rP :nH
$i> -07-r.
Slti,&r,u-sr:
orz,vt·
(Use additional pages if necessary to address questions 3 through 5)
Revised 08/01/12
Page 2
fuee.
By My Signature below:
E)
I consent to having the City of Elko Staff enter on my property for the sole purpose of
inspection of said property as part of this application process.
D
I object to having the City of Elko Staff enter onto my property as a part of their review of
this application. (Your objection will not affect the recommendation made by the staff or the final determination
made by the City Planning Commission or the City Council.)
D
I acknowledge that submission of this application does not imply approval of this request by
the City Planning Department, the City Planning Commission and the City Council, nor does it in
and of itself guarantee issuance of any other required permits and/or licenses.
D
I acknowledge that this application may be tabled until a later meeting if either I or my
designated representative or agent is not present at the meeting for which this application is
scheduled.
D
I have carefully read and completed all questions contained within this application to the
best of my ability.
,_J_--;_~_- =---
Applicant 1 Agent ____br.:._l")='L=c-r_,_-:-cc---:tf_<?-:-5_c=--c_·
(Please print or type)
' >"".
Mailing Address ____7'--'"fL?--'d.?--_-=..V"'
___:_S_1_'--_~_c_--'-&"C:_.---'#'----'-f_c_L"-/Street Address or P.O. Box
6 L-/C o
!Jv 'P7cz,;o 1
City, State, Zip Code
Phone Number:
SIGNATURE:
---3~-u'bL'.....s'--·-~3"-.6:=:...5=--.7<-G--
--~9~.-,.L~~..:.,4.-~--========:::::;:7'----FOR OFFICE USE ONLY
File No.:
9-/.5
Revised 08/01/12
- I .I
Date Filed: _7-L.'/t:..L:s;=-<:0'-'-'5""'----Fee Paid:
:t
t!-
3()0 c);
.e~
)2/()30
Page 3
(
I
LAND DESCRIPTION
I
The description hereon was prepared by Farr West Engineering on July 15, 2015 at the
request of Bailey & Associates, LLC and the City of Elko for the purpose of describing
a Parcel of Land for a Zone Change Application. The authorized users of this
description are Bailey & Associates, LLC and the City of Elko. Unauthorized use of
this description is prohibited.
Farr West Engineering will not be responsible for errors committed by others if this
description is not reproduced exactly as written below.
The author of this description is Corey L. Rice, PLS Nevada No. 12468.
Portion of Land
A parcel ofland situated in a portion of the SW \4 of Section 8, T.34N., R.55E.,
M.D.B.&M., located in the County of Elko, State of Nevada, being Parcel No. 3 of Parcel
Map No. 280346 also being more particularly described as follows:
Commencing at the West \4 comer of Section 8, T.34N., R.55E., M.D.B.&M., thence on
the westerly line of the SW Y. of said Section 8 S.00°02'54"E. I ,328.85 feet; Thence
N.89°38'12"E. 1,529.23 feet; Thence S.00°2l '48"E. 295.40 to the True Point of
Beginning for this description; Thence N.89°38'12"E. 412.38 to a point on the westerly
Right-of-Way of Sagecrest Drive; Thence on said westerly Right-of-Way S.00°2l '48"E.
295.40 feet; Thence departing said Right-of-Way S.89°38' 12"W. 412.38 feet; Thence
N.00°2l '48"W. 295.40 feet to the True Point of Beginning for this description. Said
portion of land embraces an area of2.80 acres more or less as calculated om said
courses and distances.
Land Description Prepared By:
Corey L. Rice, PLS 12468
421 Court Street
Elko, NV 89801
----
(
;;: "'
8
~ ~
0
W ~ CORNER SECTION 8,
T.34N., R.55E., M.D.B.&M.
100
300
200
SCALE: 1"=100'
·";
"'
I
·.-
'
NB9'38'12•E
_
I
t\_ -·
· · - 'is29.2.i·- · · -\1
---1
.. ~
I
I
I
I
I
"8
I
u
"'I
0
I
(0
I
APN 006-09C-006
0
0
z
...
0.
I
I
I
-\I
412.38'
I
I
I
I
CX)
0
PROPOSED PROPERTY
FOR ZONE CHANGE
APN 006-09C-008
PARCEL 3 OF
PARCEL MAP No. 280346
2.80 ACRES
-I
(
'-
0
I
u
"'0I
(0
0
0
z
...
0.
-. [)l
SB9'J8'12·w
412 ..38'
I
I
I
I
L __
I
AUTUMN COLORS
SUBDIVISION
I
I
EXHIBIT A
BAILEY & ASSOCIATES, LLC
PROPOSED ZONE CHANGE
421 Court Street Elko, Nevodo 89801
PARCEL3 OF
PARCEL MAP No. 280346
~
1";100'
~"""'-
CLR
c.,.
-~~
7274.005
~...-
07115:2015
""~
ClR
~·~
CLR
.....
15011
B. Hearing:
1. On appeals of planning commission decisions granting or denying conditional use permits or
variances, the city council shall hold a public hearing prior to rendering any decision. After the time
and place for the public hearing has been established by the city clerk, notice of the hearing shall be
sent by mail at least ten (1 0) calendar days before the hearing to the appellant, applicant, property
owner, property owners located within three hundred feet (300') of the exterior boundaries of the
property involved, and any person who presented oral or written testimony, if any, before the
planning commission. Said hearing notice shall also be published one time in a newspaper of general
circulation at least ten (1 0) calendar days before the hearing.
2. On appeals of all other decisions regarding the use of land, the city clerk shall give notice of the time
and place of the hearing by mailing a notice of hearing at least ten (1 0) calendar days prior to the
hearing to the appellant, applicant, property owner, and any other person who presented oral or
written testimony .
..::i. 3. The procedures pursuant to which the city council will hear an appeal are as follows:
a. The appellant shall be first to provide comment and present the grounds for appeal.
b. Other persons shall be given an opportunity to speak and provide comment.
c. The city may respond to appellant's appeal, after which appellant may present any rebuttal
argument or evidence.
d. Appellant and the city are entitled to be represented by counsel, present testimony, evidence and
argument on all issues raised on appeal.
e. The city council may, if it appears helpful to a clear understanding of the issues, consider evidence
or other matters not raised at the planning commission level or with the administrative officer.
C. Conduct Of Hearing; Decision: The city council shall consider all evidence presented to the planning
commission or administrative officer at the original hearing, including oral and written testimony, and
any recommendations and findings of the planning commission or administrative officer as shown by
the official record, and may affirm, modify or reverse the decision of the planning commission or
administrative officer. In reviewing a decision on an appeal, the governing body will be guided by the
statement of purpose underlying the regulation of the improvement of land expressed in Nevada
Revised Statutes section 278.020. Decisions of the city council shall be considered the final decision for
the purpose of judicial review.
NRS 278.020 Regulation by governing bodies of improvement ofland and location of structures for general welfare.
I. For the purpose of promoting health, safety, morals, or the general welfure of the community, the governing bodies of
cities and counties are authorized and empowered to regulate and restrict the improvement ofland and to control the location
and soundness of structures.
2. Any such regulation, restriction and control must take into account:
(a) The potential impairment of natural resources and the total population which the available natural resources will
support without unreasonable impairment; and
(b) The availability of and need for affordable housing in the community, including affordable housing that is accessible
to persons with disabilities.
[2:110:1941;A 1947,834; 1943NCL§ 5063.01]--{NRSA 1973, 1241; 1995 2225)

(775) 777-7110/fax (775) 777-7119

Transcription

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