Full Text
SUMMARY OF ACTION TAKEN FCC Meeting Date: Wednesday, October 21, 2009 1. ROLL CALL. Councilman Parsons was absent. 2. APPROVAL OF THE AGENDA. City Manager Greg Evangelatos asked to pull item #5 from the agenda and continue item #14.C. A motion to approve agenda was APPROVED by a vote of 4-0-0, Parsons absent. 3. CONSENT AGENDA: (PLEASE NOTE: All matters listed under the consent agenda are considered routine, and may by 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.) 3.A. APPROVAL OF PAYMENT OF VOUCHERS 3.B. APPROVAL OF MINUTES – 10/12/2009 & 09/23/2009 3.C. APPROVAL OF BUSINESS LICENSES: 3.C.1. CFS – CUSTOM FIREARMS ORDERING – FERNLEY, NV. 3.C.2. CUTTING EDGE HAIR CARE – HAIR CUTTING SALON – FERNLEY, NV. 3.C.3. ENTERPRISE LEASING COMPANY- TEMPORARY USED CAR SALE – FERNLEY, NV. 3.C.4. FERNLEYBUSINESS.COM – WEB BASED BUSINESS – FERNLEY, NV. 3.C.5. MANHARD CONSULTING, LTD – CONSULTING – RENO, NV. 3.C.6. MARKS COMPUTER MAGIC – COMPUTER REPAIR – FERNLEY, NV. 3.C.7. THE TREASURE TROVE – SECOND HAND STORE – FERNLEY, NV. 3.D. APPROVAL OF 0.199 WATER ERC’S AND 0.17 SEWER ERC’S FOR THE FERNLEY SWIMMING POOL WATER PARK ADDITION, 300 COTTONWOOD LANE, FERNLEY NV, LYON COUNTY PARCEL NUMBER 21-131-10 3.E. APPROVAL OF NV ENERGY LINE EXTENSION AGREEMENT TO PROVIDE POWER TO THE HIGHWAY 50 LIFT STATION AND FORCE MAIN PROJECT IN THE AMOUNT OF $85,761.00. 3.F. APPROVAL OF CHANGE ORDER #22 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $8,069.00 AS A RESULT OF ---PAGE BREAK--- 09-10-21 Summary of Action FCC Page 2 of 5 CONTRACTOR REQUESTED CHANGE IN SCOPE OF WORK AND AN ENGINEER’S OMISSION. {End of Consent Agenda} A motion to approve consent agenda was approved by a vote of 4-0-0, Parsons absent. 4. ADDRESS APPOINTMENT OF AUDIT COMMITTEE MEMBER. A motion to approve appointment of Mr. Espinosa for Audit committee was APPROVED by a vote of 4-0-0, Parsons absent. 5. DISCUSSION AND ACTION REGARDING SPECIAL ELECTION IN WARD FOUR. This item was pulled from the agenda by City Manager’s request. 6. PROPOSAL OF BILL #139 AS AN ORDINANCE AMENDING TITLE 1 (ADMINISTRATION) BY THE MODIFICATION OF CHAPTER 11 OF THE FERNLEY MUNICIPAL CODE, BY THE DELETION OF 1.11.05(B)(3) (TIME CERTAIN, PUBLIC COMMENT) AS BEING IN CONFLICT WITH 1.11.05(C)(2) (TIME CERTAIN, POSTED AGENDA), AND OTHER MATTERS PROPERLY RELATING THERETO. This was a proposal of the ordinance and discussion only at the first reading. 7. DISCUSSION AND PROPOSAL OF BILL #138 AS AN ORDINANCE MODIFYING TITLE 4 OF THE FERNLEY MUNICIPAL CODE (REVENUE AND TAXATION) BY THE ADDITION OF CHAPTER 2 OF THE FERNLEY MUNICIPAL CODE FOR ASSESSMENT OF A TRANSIENT LODGING TAX, THE COLLECTION AND DISTRIBUTION THEREOF, AND OTHER MATTERS PROPERLY RELATING THERETO. A motion to propose bill#138 was APPROVED by a vote of 4-0-0, parsons absent. 8. PRESENTATION AND DISCUSSION OF QUARTERLY FINANCIAL REPORTS. This was informational item only. No action was required. 9. DISCUSSION AND POSSIBLE APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ALLEN FREEMYER FOR LOBBYIST SERVICES. A motion to approve the professional services agreement with Allen Freemyer was APPROVED by a vote of 4-0-0, Parsons absent. 10. DISCUSSION AND POSSIBLE APPROVAL ON THE ADOPTION OF BILL #132 AS AN ORDINANCE MODIFYING TITLE 6 (LAW ENFORCEMENT REGULATIONS), CHAPTER 1 (6.01.09) OF THE FERNLEY MUNICIPAL CODE BY THE ADDITION OF SUBSECTION PROVIDING FOR THE EXCLUSION OF LEGALLY PERMITTED ---PAGE BREAK--- 09-10-21 Summary of Action FCC Page 3 of 5 LIVESTOCK GRAZING RIGHTS, AND OTHER MATTERS PROPERLY RELATING THERETO. A motion to adopt Bill 132 as an ordinance modifying Title 6 (Law Enforcement Regulations) Chapter 1 (6.01.09), of the Fernley Municipal Code by the addition of subsection (c),providing for the exclusion of legally permitted livestock grazing rights, and other matters properly relating thereto was APPROVED by a vote of 3-1- 0, Parsons absent and Chase abstained. 11. DISCUSSION AND POSSIBLE ACTION REGARDING CODE ENFORCEMENT PROGRAM AND PROCESSES. A motion to develop a city wide code enforcement strategy addressing a proactive educational and volunteer based program was APPROVED by a vote of 3-1-0, Eilrich opposed, Parsons absent. 12. PUBLIC INPUT. (6:00 Time Certain) 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 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 taken on this item. 13. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 13.A. ADDRESS REPORTS BY CITY STAFF. 13.B. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT AND NORTH LYON COUNTY FIRE PROTECTION DISTRICT. 13.C. ADDRESS ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. 13.D. ADDRESS REPORTS BY CITY COUNCIL. 13.E. ADDRESS REPORT BY MAYOR. No action was taken on items13.A. through 13.E. 14. PUBLIC HEARING: 14.A. DISCUSSION AND POSSIBLE ACTION ON SUP 09-60, A SPECIAL USE PERMIT FOR THE OPERATION OF AN OUTDOOR SHOOTING RANGE AND FIREARMS TRAINING FACILITY ON A 32.51-ACRE SITE CURRENTLY ---PAGE BREAK--- 09-10-21 Summary of Action FCC Page 4 of 5 ZONED RR-5 (RURAL RESIDENTIAL, 20-ACRE MINIMUM LOT SIZE) LOCATED AT 5000 HIGHWAY 95A (APN: 21-451-77). A motion to approve, as conditioned with the exception of fencing to remain as it is but properly secured and maintained, and added signage not less than 200 feet apart, SUP 09-60, Special Use Permit for Mustang Range and for the operation of an outdoor range and fire arms facility, based on the discussion and findings provided in the September 9, 2009 Staff report was approved by a vote of 4-0-0, Parsons absent. 14.B. DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL #131 AS AN ORDINANCE FOR ZMA 09-48, A ZONING MAP AMENDMENT TO CHANGE THE ZONING FROM RR-1 (RURAL RESIDENTIAL, 1-ACRE MINIMUM) TO E-2 (SECOND ESTATES RESIDENTIAL ONE-HALF ACRE MINIMUM). APN 21-111-22 IS A 0.74-ACRE PARCEL LOCATED AT 575 FARM DISTRICT ROAD AND APN 21-111-23 IS A 1.00-ACRE PARCEL LOCATED AT 565 FARM DISTRICT ROAD; AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to adopt Bill #131 as an Ordinance which would enact ZMZ 09-48, a Zoning Map Amendment to change the zoning from RR-1 (Rural Residential, 1- ache minimum) to E-2 (Second Estates residential, one-half ache minimum) for APN 21-111-22, a 0.74-ache parcel located at 575 Farm District Road and for APN 21-111-23, a 1.00-ache parcel located at 565 Farm District Road, based on the discussion and findings provided in the August 12, 2009 Planning Commission Staff Report was APPROVED by a vote of 4-0-0, Parsons absent. 14.C. DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL #134 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 09-56) WITH GUARANTY PLUS PROPERTIES LLC-2 TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVAL OF TRUCKEE RIVER RANCH PHASE III (TSM 03-07), LOCATED IN THE VICINITY OF DESERT SHADOWS LANE AND CLEARWATER PARKWAY, SOUTH OF THE TCID CANAL; APN: 21-301-46; AND OTHER MATTERS PROPERLY RELATED THERETO. (ITEM CONTINUED TO THE NOVEMBER 4, 2009 COUNCIL MEETING, PER APPLICANT’S REQUEST) This item was continued to a later date by the City Manger’s request. 14.D. DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL #135 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENACT A ZONING TEXT AMENDMENT (TA 10-10), TO AMEND CHAPTER 31 SUBDIVISION MAPS AND CHAPTER 36 PLANNED DEVELOPMENTS OF THE CITY DEVELOPMENT CODE, SPECIFICALLY SECTION 31.050 CONDITIONS AND PHASING OF MAPS, SECTION 31.070 DURATION, EXTENSION AND AMENDMENT OF TENTATIVE SUBDIVISION MAP AND ---PAGE BREAK--- 09-10-21 Summary of Action FCC Page 5 of 5 SECTION 36.120 SCHEDULE, TO INCREASE THE TIME FOR FILING FINAL MAPS; AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to adopt Bill #135 as an Ordinance which would authorize the City of Fernley to enact a Zoning Text Amendment (TA 10-10), to amend Chapter 31 Subdivision Maps and Chapter 36 Planned Developments of the City Development Code, specifically Section 31.050 Conditions and Phasing of Maps, section 31.070 Duration, Extension and Amendment of Tentative Subdivision Map and Section 36.120 Schedule, to increase the time for filing final maps; and other matters properly related thereto, based on the discussion and findings provided in the Staff Report was APPROVED by a vote of 4-0-0, Parsons absent. 14.E. DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL #136 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 09-57) WITH B & H HOLDINGS TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVAL OF SARIO, LOCATED IN THE VICINITY OF 95A AND SOUTH OF THE HIGH SCHOOL; APN’S: 21-541-51, 21-541-52, 22-451-01, 22-451-02, 22-451-03, 22-451-04, 22- 451-05, 22-452-01, 22-452-02; AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to adopt Bill #136 as an Ordinance which would authorize the City of Fernley to enter into a development agreement (DA 09-57), with B&H Holdings to extend the period of time for final map approval for Sario (PD 04-04) located in the vicinity of 95A and south of the high school (APN’s: 21-541-51, 21-541-52, 22- 451-01, 22-451-02,22-451-03, 22-451-04, 22-451-05, 22-452-01, 22-452-02) based on the discussion and findings provided in the attached Staff Report was APPROVED by a vote of 4-0-0, Parsons absent. 15. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Request for future agenda items included: Address the Arts and Culture project presented by Ann Maybury so the Council can take an action on that. 16. ADJOURNMENT. 17. The meeting ADJOURNED at 6:48 p.m.