Full Text
LeRoy Goodman, Mayor Kelly Malloy, Ward 1 Don Parsons, Ward 2 Robert Chase, Ward 3 Curt Chaffin, Ward 4 Cal Eilrich, Ward 5 FERNLEY CITY COUNCIL MEETING AGENDA Fernley City Hall 595 Silver Lace Blvd. • Fernley, NV 89408 Phone: (775) 784-9830 • Fax: (775) 784-9839 FCC Meeting: WEDNESDAY, September 15, 2010 ITEMS MAY BE REMOVED OR ADDRESSED OUT OF SEQUENCE. ACTION MAY BE TAKEN ON ALL ITEMS EXCEPT WHERE NOTED. Time Certain: Time certain designates a definite time for the start time of that item. The time certain item may NOT begin earlier than the designated time certain. It may begin later than the designated time, but not earlier. 5:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE Mayor’s statement: “To avoid meeting disruptions, please place cell phones and beepers in the silent mode or turn them off during the meeting. All meetings are recorded. When addressing the Council please speak clearly into the microphone. Thank you for your understanding.” 1. ROLL CALL. There were no absences. Present: Councilman Eilrich, Councilman Parsons, Councilman Chase, Councilman Chaffin, Councilwoman Malloy. 2. APPROVAL OF THE AGENDA. City Manager Greg Evangelatos asked to remove minutes for July 26, 2010 from the agenda. Motion: To approve agenda minus minutes for July 26, 2010 agenda, Action: Approve, Moved by Councilwoman Malloy, Seconded by Councilman Chase. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 3. PROCLAMATIONS BY THE MAYOR. 4. CONSENT AGENDA: (PLEASE NOTE: All matters listed under the consent agenda are considered routine, and may be acted upon by the Council members in one motion, and without an extensive hearing. Any member of the Council or member of the public may request that an item be taken from the consent agenda, discussed, and acted upon separately during this meeting.) A. ACCEPT VOUCHERS REPORT. B. APPROVAL OF MINUTES – 08/18/2010 & 7/26/2010 ---PAGE BREAK--- 09/15/2010 FCC Page 2 of 5 C. ADDRESS APPROVAL OF LIQUOR LICENSE FOR PIZZA SHACK; LOCATED AT 790 E. MAIN STREET. D. ADDRESS REQUEST FROM VFW AUXILIARY #10247 FOR WAIVER OF LIQUOR LICENSE FEE FOR THEIR ANNUAL FUNDRAISER, HARD TIMES DINNER/DANCE, TO BE HELD AT THE FERNLEY COMMUNITY CENTER ON SEPTEMBER 15, 2010. {End of Consent Agenda} Motion: To Approve consent agenda minus minutes fro July 26, 2010, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 5. DISCUSSION REGARDING COUNCILMAN ELRICH’S DISCLOSURE IN REGARDS TO THE FOLLOWING AGENDA ITEM FROM THE SEPTEMBER 1ST 2010 CITY COUNCIL MEETING: DISCUSSION AND POSSIBLE ACTION TO ADOPT RESOLUTION REGARDING REVISIONS TO THE CITY OF FERNLEY PUBLIC WORKS DESIGN STANDARDS, SECTION 11.0 - ALTERNATIVE WATER, AND/OR ADOPT RESOLUTION TO ESTABLISH A MORATORIUM ON ALTERNATIVE WATER REQUIREMENTS FOR NEW DEVELOPMENT AND OTHER MATTERS PROPERLY RELATED THERETO. There was no action taken. Councilman Eilrich read a disclosure statement. 6. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON THE BILL DRAFT REQUEST RELATIVE TO THE DISTRIBUTION AND ALLOCATION OF MONEY DISTRIBUTED BY THE LOCAL GOVERNMENT DISTRIBUTION ACCOUNT (CONSOLIDATED TAX) AND THE DISPROPORTIONATE SHARE OF FUNDS RECEIVED BY THE CITY OF FERNLEY BASED UPON THE CURRENT FORMULA AND DISBURSEMENT. No action was made on this item. It was informational only. Public hearing item. City Attorney Brandi Jensen provided power point presentation. 7. DISCUSSION AND POSSIBLE ACTION ON RESOLUTION 10-018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FERNLEY APPROVING THE DRAFT REQUEST SUBMITTED TO THE NEVADA STATE LEGISLATIVE COUNSEL BUREAU ON AUGUST 31, 2010, REGARDING THE DEVELOPMENT OF A BILL RELATING TO TAXATION; INCREASING THE BASE ALLOCATION AND EXCESS DISTRIBUTION ALLOCATION TO THE CITY OF FERNLEY TO PROVIDE FOR EQUITABLE DISTRIBUTION TO ELIMINATE THE SEVERE DISPARITY AND/OR REVISING THE FORMULA FOR THE ALLOCATION OF MONEY DISTRIBUTED FROM THE LOCAL GOVERNMENT DISTRIBUTION ACCOUNT (CONSOLIDATED TAX); AND OTHER MATTERS PROPERLY RELATED THERETO. Motion: To approve resolution 10-018, a resolution of the City Council of the City of Fernley approving the Bill Draft Request submitted to the Nevada State Legislative Counsel Bureau on August 31, 2010, regarding the development of a bill relating to taxation; increasing the base ---PAGE BREAK--- 09/15/2010 FCC Page 3 of 5 allocation and excess distribution allocation to the City of Fernley to provide for equitable distribution to eliminate the severe disparity within our jurisdiction; and/or revising the formula for the allocation of money distributed from the Local Government Distribution Account (Consolidated Tax); and other matters properly related thereto. Action: Approve, Moved by Councilwoman Malloy, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 8. DISCUSSION AND POSSIBLE ACTION REGARDING WATER RIGHT DEDICATION POLICY AND SPECIFIC CONSIDERATION OF METHODS THAT CAN BE USED TO PROMOTE DEDICATIONS OF WATER RIGHTS TO FERNLEY. Motion: to continue this item to October 20, 2010, Action: Approve, Moved by Councilman Eilrich, Seconded by Councilman Parsons. Motion was WITHDRAWN. Motion: to direct staff to amend prior dedications that had a 15 year term to have a 25 year term. Second is to direct staff not charge a review fee for dedications with new will serve expecting return; third, to direct staff to waive a remaining review fees at the time of dedication. Eilrich moved. Malloy seconded. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. Motion: to continue the rest of the items to the second meeting in October. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 9. DISCUSSION AND POSSIBLE APPROVAL OF MAYOR’S: A) APPOINTMENT TO ARTS AND CULTURE BOARD Motion: to approve the Mayor’s appointment of Fran McKay to the Fernley Arts and Culture Commission to fill vacancy created by resignation by Ceresola and appoint to expire on May 31, 2012. Action: Approve, Moved by Councilwoman Malloy, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. B) RE-APPOINTMENT OF ED MEAGHER TO PLANNING COMMISSION. Motion: To reappoint Ed Meagher to Planning Commission, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. ---PAGE BREAK--- 09/15/2010 FCC Page 4 of 5 10. DISCUSSION AND POSSIBLE ACTION REGARDING THE CONSIDERATION OF CHARACTER, ALLEGED MISCONDUCT, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH RELATIVE TO THE PERFORMANCE OF CITY MANAGER GREG EVANGELATOS. Greg Evangelatos provided a power point presentation regarding established goals and achievements. No action was made on this item. City Attorney Brandi Jensen noted that there were no action needed and that probation would end September 17, 2010. 11. DISCUSSION AND POSSIBLE ACTION TO DETERMINE IF A REHEARING OF THE CITY COUNCIL’S DECISION OF AUGUST 4, 2010 REGARDING MPA 10-36, A REQUEST FOR A MASTER PLAN AMENDMENT FROM RESIDENTIAL MEDIUM DENSITY TO COMMERCIAL FOR A 0.06 ACRE PARCEL LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02) IS WARRANTED. Motion: To approve the request for a rehearing of MPA 10-36, ZMA 10-37, SUP 10-38 and VAR 10-41. Moved by Councilman Parsons and seconded by Councilman Chase. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Chase, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 12. DISCUSSION AND POSSIBLE ACTION TO DETERMINE IF A REHEARING OF THE CITY COUNCIL’S DECISION OF AUGUST 4, 2010 REGARDING ZMA 10-37, A REQUEST FOR A ZONING MAP AMENDMENT FROM RR-1/T (RURAL RESIDENTIAL, ONE-ACRE MINIMUM AND MOBILE HOME OVERLAY) TO C-2 (GENERAL COMMERCIAL) FOR A 0.06 ACRE PARCEL LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02) IS WARRANTED. 13. DISCUSSION AND POSSIBLE ACTION TO DETERMINE IF A REHEARING OF THE CITY COUNCIL’S DECISION OF AUGUST 4, 2010 REGARDING SUP 10-38, A REQUEST FOR A SPECIAL USE PERMIT FOR A BILLBOARD LOCATED ON A PARCEL ADJOINING INTERSTATE 80 RIGHT-OF-WAY THAT IS ZONED RR-1/T (RURAL RESIDENTIAL, ONE- ACRE MINIMUM AND MOBILE HOME OVERLAY) AND MASTER PLANNED RESIDENTIAL MEDIUM DENSITY. THE PARCEL IS LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02) IS WARRANTED. 14. DISCUSSION AND POSSIBLE ACTION TO DETERMINE IF A REHEARING OF THE CITY COUNCIL’S DECISION OF AUGUST 4, 2010 REGARDING VAR 10-41, A REQUEST FOR A VARIANCE FOR A PARCEL SIZE THAT DOES NOT MEET MINIMUM LOT SIZE IN THE C-2 (GENERAL COMMERCIAL) ZONING. THE DEVIATION IS A LOT SIZE OF 2,613.60 SQUARE FEET, WHEN 5,000.00 SQUARE FEET IS REQUIRED. THE PARCEL IS LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02) IS WARRANTED. 15. PUBLIC INPUT. Public comment is limited to five minutes per person. Items not agendized for this meeting cannot be acted upon other than to place them on future agendas. Public input is prohibited regarding comments, which are not relevant to, or within ---PAGE BREAK--- 09/15/2010 FCC Page 5 of 5 the authority of, the public body, or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering, with the rights of other speakers. No action was made on this item. It was informational only. 16. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. A. REPORTS BY LYON COUNTY SHERIFF’S DEPARTMENT, NORTH LYON COUNTY FIRE PROTECTION DISTRICT AND ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. B. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. No action was made on this item, it was informational only. 17. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Establishment of future goals for the City Manager for the next quarter. Update by TrashPros regarding Transfer Station agreement. Schedule workshop between Chamber of Commerce and the City of Fernley for October 24th. Review of the established credit card charges. 18. ADJOURNMENT. Meeting adjourned at 7:23pm