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Elko council conditionally accepts Mustang Ridge subdivision after dispute over asphalt and ADA work
Summary
After extended debate over waviness, testing gaps and ADA ramps at the Mustang Ridge subdivision, the Elko City Council voted to conditionally accept the subdivision improvements subject to grinding high points, patching low spots, an overlay/slurry seal and satisfaction of all applicable public-improvement standards.
The Elko City Council voted on Sept. 23 to conditionally accept subdivision improvements for Mustang Ridge after a lengthy hearing in which staff raised concerns about the quality of newly placed asphalt, incomplete ADA curb work and gaps in testing.
City public-works staff member Ralph led the staff presentation, saying inspections found “extremely wavy” asphalt, low spots and areas that did not meet the cross-slope and surface tolerances required by the city’s public-improvement standards. Ralph said some asphalt and concrete locations were not tested during paving, and recommended a maintenance bond and completion of a punch list before acceptance.
Mike Shanks, the engineer of record for the project, told the council he had certified that construction was in “substantial conformance with the plans and specifications” but that his certification included listed exceptions on the punch list. Shanks argued the roadway functions as a private driveway under the recorded map and that mitigation (grinding, milling and overlay, plus sealing) could achieve the necessary drainage and durability without full removal.
Developer John Smales defended the work as durable, noting substantial base depth and saying the project had been water-tested. Smales said some items remained to be completed (ADA ramps, valve collars, cleanup), acknowledged timing and bonding problems, and said he was prepared to pursue repairs and bonding if required.
Council members pressed staff and the developer on three issues: (1) whether the paved surface met the city’s public-work standards or a private-driveway standard; (2) whether the contractor or subcontractor who placed the asphalt had the appropriate local license and followed Orange Book placement practices; and (3) how the council could assure repairs without unduly delaying map recording and permits.
After debate, the council initially moved to deny acceptance and then withdrew that action and adopted a substitute motion to conditionally accept the subdivision improvements with explicit remediation steps. The condition requires the high points of the existing asphalt to be ground down, low spots patched, an overlay and slurry seal applied (to create or restore crown and drainage), correction of ADA curb/ramp deficiencies, and that all public improvements satisfy applicable city standards. The developer must provide appropriate security (performance or irrevocable letter of credit) or complete the work before the final map is recorded.
Mayor Reese Keener and staff framed the council’s decision as balancing consumer protection and the practical value of existing work: council members said they did not want future homeowners to bear avoidable maintenance costs but also sought to avoid unnecessary waste if effective mitigation could be done.
The council directed staff to return the item when the conditions are met and emphasized that acceptance would be conditional on both the asphalt remediation and verification that all other public-improvement punch-list items are completed or bonded.
The hearing included detailed exchanges about testing reports (Thurston Laboratories), Orange Book surface tolerances, contractor licensing and options for mitigation (milling, overlay, grinding and sealing).
