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Todd Cutler, Mayor Elayne Logue, Ward 1 Joe Mortensen, Ward 2 Monte Martin, 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 SUMMARY OF ACTION TAKEN FCC Meeting Date: WEDNESDAY, December 3, 2008 1. ROLL CALL. There were no absences. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. City Manager Gary Bacock asked to remove items 3.E. from the Consent Agenda and item 6 from the Agenda. Agenda item 6 will be addressed on December 17, 2008, Council meeting. Item 3.H. was addressed in the regular session. Item 3.F. was removed from the consent agenda by the request of Councilman Chaffin and was addressed separately. 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. ADDRESS PAYMENT OF VOUCHERS 3.B. ADDRESS APPROVAL OF MINUTES - 11/05/2008 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. AND SO SHE DANCED – DANCE COMPANY – FERNLEY, NV. 3.C.2. CEDAR CENTER – COMMERCIAL RENTAL PROPERTY – FERNLEY, NV. 3.C.3. DALEN & SONS INC. – PAINTING & DECORATING CONTRACTOR, 24571A, C-4 – RENO, NV. 3.C.4. DIAMOND J CONSTRUCTION INSPECTIONS – NEW CONSTRUCTION INSPECTOR – FERNLEY, NV. ---PAGE BREAK--- 12/03/2008 FCC Agenda Page 2 of 6 3.C.5. FERNLEY AUTO BODY – AUTOMOTIVE COLLISION REPAIR – FERNLEY, NV. 3.C.6. HAWKINS HEATING & AIR CONDITIONING, INC. – HEATING & AIR CONDITIONING CONTRACTOR 59000A, C-21 – CARSON CITY, NV. 3.C.7. INDEPENDENT INSPECTION SERVICES –COMMERCIAL AND RESIDENTIAL INSPECTIONS – SPARKS, NV. 3.C.8. J-BAR-R MARKETING CONSULTANTS – CONSULTING – FERNLEY, NV. 3.C.9. MOONLIGHT MOBILE DJ – MOBILE ENTERTAINMENT – SPARKS, NV. 3.C.10. NEVADA CONTRACT CARPET – FINISHING FLOORS AND TILING CONTRACTOR 27777, C-16 & 40905 C-20 – LAS VEGAS, NV. 3.C.11. R&L NICK NACKS AND MORE – INTERNET CATALOG SALES – FERNLEY, NV. 3.C.12. RED HAT GIFT SHOP – INTERNET SALES – FERNLEY, NV. 3.C.13. SIERRA CREST SPECIALTIES – LATHING & PLASTERING CONTRACTOR, 66143, C-17 – RENO, NV. 3.C.14. WALKER LAKE DISPOSAL, INC. – COMMERCIAL DISPOSAL SERVICE – SCHURZ, NV. 3.D. ADDRESS AMENDMENT TO CONTRACT WITH THE STATE OF NEVADA BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR RELOCATION OF WATERLINE ASSOCIATED WITH NEVADA PACIFIC PARKWAY INTERCHANGE CONSTRUCTION. 3.E. ADDRESS AWARD OF NEVADA PACIFIC PARKWAY WATERLINE RELOCATION PROJECT, INCLUDING: 3.E.1. AWARD OF CONSTRUCTION CONTRACT TO GERHARDT & BERRY CONSTRUCTION, INC. 3.E.2. AWARD OF MATERIALS TESTING CONTRACT TO GEOCON CONSULTANTS, INC. 3.F. ADDRESS AUTHORIZATION FOR STAFF TO WRITE OFF WATER AND SEWER ACCOUNTS FOR INDIVIDUALS IN BANKRUPTCY 3.G. ADDRESS AWARD OF CONSTRUCTION CONTRACT FOR WATER CONVEYANCE PROJECT 3B - TRUCKEE CANAL CROSSING TO MARV MCQUEARY EXCAVATING, INC., IN THE AMOUNT NOT TO EXCEED $920,398.00. ---PAGE BREAK--- 12/03/2008 FCC Agenda Page 3 of 6 3.H. ADDRESS LOGAN LANE SECONDARY ACCESS SURPLUS AGREEMENT WITH THE NEVADA DEPARTMENT OF TRANSPORTATION. A motion to accept the consent agenda, minus items 3.E., 3.F. AND 3.H. was APPROVED by a vote of 5-0-0. A motion to authorize staff to write off $105.55 of account number 11.3469.02 and #1,218.95 of account number 8.2717.01 in the City’s Water and Sewer Billing System pursuant to a court order in bankruptcy cases (item 3.F) was APPROVED by a vote of 5-0-0. A motion to delay item 3.H. to December 17, 2008 Council meeting was approved by a vote of 5-0-0. 4. ADDRESS CONTRACT RENEWAL OF THE CITY ATTORNEY AS IT RELATES TO THE CURRENT CONTRACT REQUIREMENT OF NEGOTIATING A CONTRACT RENEWAL ON OR BEFORE DECEMBER 31, 2008, AS THE CURRENT EMPLOYMENT SERVICES AGREEMENT EXPIRES 6/30/09. A motion to accept the contract renewal of the City Attorney as presented in tonight’s agenda item #4 with modifications shown to paragraphs 7, 3 and 11 and 14 and authorize the Mayor and City Clerk to execute the agreement was APPROVED by a vote of 4-1-0, Councilman Martin opposed. 5. ADDRESS CONSIDERATION OF RENEWAL OF NATIONAL LEAGUE OF CITIES MEMBERSHIP. A motion to renew National League of Cities membership DIED for lack of a second. NO action was taken on this item. 6. ADDRESS PRESENTATION OF THE AUDITED FINANCIAL STATEMENTS. This item was removed from the agenda. It will be addressed at the December 17th, 2008 Council meeting. 7. ADDRESS $5,000,000 JOINT GRANT APPLICATION TO BUREAU OF RECLAMATION FOR WATER PROJECTS ASSOCIATED WITH THE CITY OF FERNLEY AND PYRAMID LAKE PAIUTE TRIBE. ---PAGE BREAK--- 12/03/2008 FCC Agenda Page 4 of 6 A motion to approve water projects associated with the $5,000,000 joint grant application with the City of Fernley and Pyramid Lake Paiute Tribe and authorize Staff to make application to the Bureau of Reclamation and authorize the Mayor and City Clerk to execute any necessary documents was APPROVED by a vote of 5-0-0. 8. ADDRESS MAYOR’S VETO FROM THE NOVEMBER 3RD, 2008, MEETING ON COUNCIL’S ACTION ON THE MAYOR AND COUNCIL APPOINTMENTS TO LYON COUNTY DEBT MANAGEMENT COMMISSION AND REGIONAL TRANSPORTATION COMMISSION AND POSSIBLE RECONSIDERATION OF ORIGINAL MATTER. NO action was taken on this item. Staff was directed to make a list of all appointments to the committees and outline which appointments need to be filled by Councilmember, Staff or could be open/advertized to the public. This item will be presented at the December 17, 2008, Council meeting. 9. ADDRESS REQUEST BY BEN MULL TO REVIEW PUBLIC WORK STANDARDS AND PRACTICES THAT ARE BEING USED IN THE PIPE CONSTRUCTION AND ROAD REPLACEMENTS ON MESA DRIVE. NO action was taken on this item. Staff was directed to resolve issues associated with road replacements on Mesa Drive and present it to the Council on December 17, 2008. 10. ADDRESS DISCUSSION OF THE ANIMAL CONTROL ISSUE REGARDING ABANDONED CATS. A motion to draft an ordinance for limiting the number of cats per household was APPROVED by a vote 3-1-1, Councilman Eilrich opposed and Councilmember Logue abstained. 11. ADDRESS DISCUSSION OF THE SERIAL PARCELIZATION. A motion to consider the ways of defining serial parcelization DIED for lack of a second. NO action was taken on this item. 12. ADDRESS DISCUSSION OF STREAMLINING DEVELOPMENT CODE PROCESS. ---PAGE BREAK--- 12/03/2008 FCC Agenda Page 5 of 6 A motion to direct staff to come forward with the game plan to review the development code, processes and make them as efficient that can be and make that as highest priorities was APPROVED by a vote of 5-0-0. 13. PUBLIC INPUT. (6:00 Time Certain) Public comment is limited to five minutes per person. Items not agenized for this meeting cannot be acted upon other than to place them on future agendas. NO action was taken on this item. 14. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. NO action was taken on this item. 15. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. NO action was taken on this item. 16. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. NO action was taken on this item. 17. PUBLIC HEARING: (6:30 p.m. Time Certain) 17.A. ADDRESS PROPOSAL OF BILL #116 AS AN ORDINANCE REGULATING THE COLLECTION, TRANSPORTATION, DEPOSIT, DISPOSAL OF SOLID WASTE IN A MANNER CONSISTENT WITH THE AWARD OF THE EXCLUSIVE RESIDENTIAL FRANCHISE AGREEMENT AND AN OPEN COMMERCIAL FRANCHISE SYSTEM. A motion to propose Bill 116 as an ordinance regulating the collection, transportation, deposit, disposal of solid waste in a manner consistent with the award of the exclusive residential franchise agreement and an open commercial franchise system was APPROVED by a vote of 4-1-0, Councilman Martin opposed. 17.B. ADDRESS APPROVAL OF THE BUSINESS IMPACT STATEMENT AS IT RELATES TO THE AWARD OF AN EXCLUSIVE FRANCHISE AGREEMENT FOR MANDATORY RESIDENTIAL GARBAGE COLLECTION INCLUDING POSSIBLE RATE AND FEE INCREASES FOR COLLECTION OF RESIDENTIAL GARBAGE; THE FORMATION OF AN OPEN WASTE FRANCHISE SYSTEM WHEREBY NON-RESIDENTIAL WASTE COLLECTION CAN BE COLLECTED ---PAGE BREAK--- 12/03/2008 FCC Agenda Page 6 of 6 BY ANY WASTE HAULER WHO OBTAINS A CITY OF FERNLEY BUSINESS LICENSE AND WASTE HAULING PERMIT; AND AN ORDINANCE REGULATING THE COLLECTION, TRANSPORTATION, DEPOSIT, DISPOSAL OF SOLID WASTE IN A MANNER CONSISTENT WITH THE AWARD OF THE EXCLUSIVE RESIDENTIAL FRANCHISE AGREEMENT AND AN OPEN COMMERCIAL FRANCHISE SYSTEM. A motion to approve and accept the Business Impact Statement as it relates to the award of an exclusive franchise agreement for residential garbage collection, the formation of an open franchise system for non-residential waste collection and the proposed ordinance regulating the collection, transportation, deposit, and disposal of solid waste was APPROVED by a vote of 4-1-0, Councilman Martin opposed. 17.C. ADDRESS APPROVAL OF THE EXCLUSIVE WASTE FRANCHISE AGREEMENT WITH TRASHPROS FOR MANDATORY RESIDENTIAL WASTE SERVICES. A motion to approve the Exclusive Waste Franchise Agreement, as attached to this agenda report, with TrashPros for mandatory residential waste services and authorize the Mayor to execute the same was APPROVED by a vote of 3-2-0, Councilman Mortensen and Councilman Martin opposed. 17.D. ADDRESS APPROVAL OF THE NON-EXCLUSIVE WASTE FRANCHISE AGREEMENT FORM FOR COMMERCIAL SERVICES. A motion to delay item 17.D. to December 17, 2008, was APPROVED by a vote of 5- 0-0. 18. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. No requests were made. 19. ADJOURNMENT. The meeting was ADJOURNED at 9:06 p.m. by a vote of 5-0-0.