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Todd Cutler, Mayor Kelly Malloy, Ward 1 Don Parsons, 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: Tuesday, May 19, 2009 1. ROLL CALL. All Council members were present. Mayor Cutler was absent and arrived at 8:30pm. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. City Manager Greg Evangelatos asked to address item #5 at 6:30pm time certain under Public Hearing. Mr. Evangelatos asked to continue items 6, 7, 11 and 14.A. to June 3, 2009. City Attorney Jeff McGowan asked to address item #10 immediately after the Consent Agenda. Community Development Director Fred Turnier asked to remove item 14.H. from the agenda. 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 – 04/15/2009 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. CENTURY GLASS – GLASS & GLAZING CONTRACTOR 50918, C-8 – RENO, NV. 3.C.2. CHARLIE B GALLERY – ART SALES – FERNLEY, NV. 3.C.3. MARY & MOES WIGWAM – RESTAURANT & BAR – NEW OWNER – FERNLEY, NV. 3.C.4. ROCHELLE GROSSMAN – SPECIAL EVENT CANDLE SALES – FERNLEY, NV. ---PAGE BREAK--- 09-05-19 Agenda FCC SUmmary of Action Page 2 of 6 3.C.5. WALKERS – WINDOWS & MORE CLEANING SERVICE – FERNLEY, NV. 3.D. ADDRESS APPROVAL OF CHANGE ORDER #3 FOR THE WATER CONVEYANCE PROJECT 3A – STOCK LANE AND SAGE STREET IN THE AMOUNT OF $78,834.38 3.E. ADDRESS APPROVAL OF CHANGE ORDER #3 FOR THE WATER CONVEYANCE INFRASTRUCTURE PROJECT 2B IN THE AMOUNT OF $6,700.00 {END OF CONSENT AGENDA} A motion to approve the consent agenda minus item 3.D. was approved by a vote of 5-0-0. A motion to approve Change Order #3 with A& K Earthmovers for the Water Conveyance Project 3A, which results in the amount to be determined on the moving forward with the change order 6 and 15 and delay change order #16 was APPROVED by a vote of 5-0-0. 4. ADDRESS PRESENTATION BY KAFOURY CO. REGARDING THE CITY OF FERNLEY’S INVESTMENT ACCOUNTS, POOLED CASH AND ENDING FUND BALANCES. NO action was taken on this item. It was informational item only. 5. ADDRESS FISCAL YEAR 2009 – 2010 FINAL BUDGET, INCLUDING APPROVAL OF FISCAL YEAR 2009– 2010 FINAL BUDGET IN THE FORMAT REQUIRED BY NEVADA DEPARTMENT OF TAXATION. A motion to approve budget for 2009-2010 as presented by City including corrections on page 1 and page 5 was APPROVED by a vote of 4-1-0, Malloy opposed. 6. ADDRESS APPROVAL OF WATER EXCHANGE AGREEMENT BETWEEN THE CITY OF FERNLEY AND THE PYRAMID LAKE PAIUTE TRIBE, UNDER WHICH FERNLEY WILL PRESENTLY SEND WATER TO PYRAMID LAKE IN EXCHANGE FOR FUTURE CREDIT WATER FROM THE TRIBE. This item was postponed to the June 3, 2009 meeting, per City Manager Greg Evangelatos. 7. ADDRESS APPROVAL OF SETTLEMENT AGREEMENT BETWEEN FERNLEY AND THE UNITED STATES THAT WILL DISMISS FEDERAL APPEALS AND PROTESTS TO CERTAIN FERNLEY WATER RIGHTS AND SET FORTH PROCEDURES FOR FERNLEY TO GAIN ACCESS TO THE TRUCKEE CANAL. ---PAGE BREAK--- 09-05-19 Agenda FCC SUmmary of Action Page 3 of 6 This item was postponed to the June 3, 2009 meeting, per City Manager Greg Evangelatos. 8. RE-ADDRESS THE STATUTORY POSITION OF A CITY CLERK/TREASURER WITH A SEPARATE FINANCE DIRECTOR. NO action was taken on this item. 9. ADDRESS REVIEW OF THE ADOPTED PUBLIC RECORDS POLICY PURSUANT TO NRS 239 (PER COUNCILMEMBER MALLOY’S REQUEST). NO action was taken on this item. It was informational item only. 10. ADDRESS CONTRACT WITH GREG EVANGELATOS FOR THE CITY MANAGER POSITION. A motion to put a new advertisement for the City Manager position and re-start recruitment process FAILED for the lack of second. A motion to go through contract negotiations at this Council meeting FAILED by the vote of 1-4-0, Eilrich, Chaffin, Martin and Parsons opposed. A motion to establish a negotiating sub committee with Don Parson and Curt Chaffin being members along with the City Attorney and Mayor was APPROVED by a vote of 4-1-0, Malloy opposed. 11. ADDRESS REQUEST BY CJ GUELDNER TO WAIVE THE TEMPORARY USE PERMIT FEES FOR THE FERNLEY FARMERS MARKET AND OTHER EVENTS. This item was postponed to the June 3, 2009 meeting, per Applicant’s request. 12. 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. 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 COUNCIL 13.B. ADDRESS REPORTS BY CITY STAFF 13.B.1. ADDRESS REPORT BY CITY MANAGER 13.C. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. ---PAGE BREAK--- 09-05-19 Agenda FCC SUmmary of Action Page 4 of 6 13.D. ADDRESS REPORT BY NORTH LYON COUNTY FIRE PROTECTION DISTRICT 13.E. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. 13.F. ADDRESS ADDITIONAL REPORTS BY CITY AND COUNTY ORGANIZATIONS INCLUDING THE FOLLOWING: CHAMBER OF COMMERCE, YOUTH CITY COUNCIL, LONG-TERM RECOVERY TEAM, ARTS AND CULTURE COMMISSION, FERNLEY VOLUNTEER FIRE DEPARTMENT AMBULANCE SERVICE, AND OTHER ORGANIZATIONS AS MAYOR RECOGNIZES. 13.G. ADDRESS LEGISLATIVE UPDATE. 13.H. ADDRESS REPORT BY MAYOR. NO action was taken on this item. 14. PUBLIC HEARING: (6:30 P.M. TIME CERTAIN) 14.A. ADDRESS PROPOSAL OF BILL # 128 AS AN ORDINANCE TO ESTABLISH A PROCEDURE FOR CREATING A LIST OF APPRAISERS TO ENSURE COMPLIANCE WITH STATE LAW WHEN FERNLEY SELLS OR LEASES REAL PROPERTY, INCLUDING WATER RIGHTS. This item was postponed to the June 3, 2009 meeting, per Greg Evangelatos. 14.B. ADDRESS PROPOSAL OF BILL # 127 AS AN ORDINANCE FOR CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF FERNLEY A motion to propose Bill #127 as an ordinance for codifying and compiling the general ordinances of the City of Fernley was APPROVED by a vote of 5-0-0. 14.C. ADDRESS ADOPTION OF BILL # 123 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH KAYCEE ZUSMAN AS SUCCESSOR TRUSTEE OF THE WENDAL LEHMAN TRUST TO LIMIT THE DENSITY TO FOURTEEN (14) DWELLING UNITS PER ACRE FOR 775 HARDIE LANE APN 21-121- 13. A motion to adopt Bill #123 as an ordinance authorizing the City of Fernley to enter into a Development Agreement with Kaycee Zusman as successor trustee of the Wendal Lehman Trust based on the findings contained in this agenda report was APPROVED by a vote of 5-0-0. 14.D. ADDRESS ADOPTION OF BILL # 117 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT ---PAGE BREAK--- 09-05-19 Agenda FCC SUmmary of Action Page 5 of 6 AGREEMENT WITH ALTMANN & OTT, LLC TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVALS FOR GREEN VALLEY ESTATES UNIT 6A TENTATIVE SUBDIVISION MAP (TSM 03-08), LOCATED AT WEST OF RICCI LANE AND NORTH OF TCID CANAL, APN 21-191-08 AND 21-191- 09. A motion to adopt Bill #117 as an ordinance authorizing the city of Fernley to enter into a Development Agreement with Altmann & Ott LLC for TSM 03-08 Green Valley Estates, Phase 6A, based on the findings contained in this agenda report and authorize the Mayor to sign an ordinance in support of this motion was APPROVED by a vote 5-0-0. 14.E. ADDRESS ADOPTION OF BILL # 124 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH DB FERNLEY INVESTMENTS, LIMITED TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVALS FOR THE PORTION OF BC RANCH PLANNED DEVELOPMENT AND TENTATIVE SUBDIVISION MAP(S) (PD 05-02) ASSOCIATED WITH THE BUILDOUT OF THE PROJECT LOCATED AT WEST OF ALTERNATIVE HIGHWAY 95, APN(S) 021-531-11, 13, 14, 15, 16, 17 AND 021-161-11. A motion to adopt bill #124 as ordinance authorizing the City of Fernley to enter into a Development Agreement with DB Fernley Investments, Limited; based on the findings contained in the agenda report and the addition of requirement of providing adequate fencing for the purpose of keeping free roaming livestock from the property was APPROVED by a vote of 5-0-0. 14.F. ADDRESS ADOPTION OF BILL # 125 AS AN ORDINANCE ENACTING ZONING MAP AMENDMENT APPLICATION ZMA 09-22 FOR 775 HARDIE LANE, TO CHANGE THE ZONING OF A 9.47-ACRE PARCEL FROM RR-2 (RURAL RESIDENTIAL, 2-ACRE MINIMUM PARCEL SIZE) TO NR-2 (NON RURAL RESIDENTIAL, MULTIPLE RESIDENCE 8,000 SQUARE FOOT); LOCATED AT 775 HARDIE LANE; APN 21-121-13. A motion to adopt Bill 125 as an ordinance enacting Zoning Map Amendment ZMA 09-22, which meets the City Development Code, based on the discussion and findings provided in the staff report was APPROVED by a vote of 5-0-0. 14.G. ADDRESS PROPOSAL OF BILL # 126 AS AN ORDINANCE ENACTING ZONING MAP AMENDMENT APPLICATION ZMA 09-30 TO CHANGE THE ZONING OF SIX PARCELS: A 0.07-ACRE PARCEL FROM C-2 (GENERAL COMMERCIAL) TO PF (PUBLIC FACILITY); LOCATED AT 70 WEST STREET; APN 20-014-14: A 5.22-ACRE PARCEL FROM M-E (INDUSTRIAL ESTATES) TO PF (PUBLIC FACILITY); LOCATED AT 595 SILVER LACE BOULEVARD; APN 21-103-46: A 17-ACRE PARCEL FROM E-1 (FIRST ESTATES RESIDENTIAL) TO PF (PUBLIC FACILITY); LOCATED AT 1450 HWY 50A, APN 21-291-15: A 1.19-ACRE PARCEL FROM M-E (INDUSTRIAL ESTATES) TO PF (PUBLIC FACILITY); LOCATED AT 625 HWY 95A, APN 21-103-18: A 51-ACRE PARCEL FROM C-1 (LIMITED COMMERCIAL) AND RR-2 (RURAL RESIDENTIAL 2-ACRE MINIMUM ---PAGE BREAK--- 09-05-19 Agenda FCC SUmmary of Action Page 6 of 6 PARCEL SIZE) TO PF (PUBLIC FACILITY); LOCATED AT 1450 HWY 50A, APN 21-272-06: AND A 4.09-ACRE PARCEL FROM NR-1 (NON-RURAL RESIDENTIAL 6,000-SQUARE-FOOT MINIMUM PARCEL SIZE) AND NR-2 (MULTIPLE RESIDENCE) TO PF (PUBLIC FACILITY); LOCATED AT 1450 HWY 50A, APN 20-034-01. A motion to approve proposal of Bill 126 as an ordinance enacting Zoning Map Amendment ZMA 09-30, which meets the City Development Code, based on the discussion and findings provided in the staff report was APPROVED by a vote 3-2-0, Parsons and Malloy opposed. 14.H. ADDRESS APPROVAL EXTENSION OF TIME EOT 09-44 FOR GOLF CLUB CLUB@FERNLEY, TENTATIVE SUBDIVISION MAP TSM 05-05, ORIGINALLY APPROVED BY THE CITY COUNCIL ON JUNE 1, 2005, OWNED BY D.L.G. ASSOCIATES, LLC; LOCATED AT THE DESERT LAKES SUBDIVISION, APN 20-581-02/03/04/05. This item was removed from the agenda, per Community Development Director Fred Turnier. 14.I. ADDRESS MASTER PLAN AMENDMENT APPLICATION MPA 09-31 TO CHANGE THE MASTER PLAN DESIGNATION OF A 0.07-ACRE PARCEL FROM COMMERCIAL TO PUBLIC FACILITY; LOCATED AT 70 WEST STREET; APN 20-014-14. A motion to approve Master Plan Amendment MPA 09-31 to the City Council, which meets the City Development Code, based on the discussion and findings provided in the staff report and authorize the Mayor to sign a resolution in support of this action was APPROVED by a vote of 3-2-0, Parsons and Malloy opposed. 15. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included the following: For Staff to research and present to the Council: • Fuel tax • Room Tax and separation from Lyon County • City of Fernley absorbing Lyon County Fire District and • Swimming Pool District 16. ADJOURNMENT. The meeting was ADJOURNED at 9:32 p.m. by a vote of 5-0-0.