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LeRoy Goodman, Mayor Kelly Malloy, Ward 1 Don Parsons, Ward 2 Roy Edgington, 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 FCC Meeting: WEDNESDAY, May 4, 2011 5:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE 1. ROLL CALL. Present: Councilman Edgington, Councilman Chaffin, Councilman Eilrich. Councilwoman Malloy (came in at 4:08pm), Councilman Parsons (came in at 4:15pm). 2. APPROVAL OF THE AGENDA. Fred Turnier asked to continue agenda item “recognition of employees” to the next agenda. Motion: to approve agenda minus “Recognition of Employees” item, Action: Approve. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. Absent: Councilman Parsons, Councilwoman Malloy. BUDGET WORKSHOP: 3. PRESENTATION AND POSSIBLE DISCUSSION OF GENERAL, WATER AND SEWER FUNDS OF 2011-2012 FISCAL YEAR BUDGET INCLUDING BUT NOT LIMITED TO STAFF RECOMMENDATIONS. No action was taken on this item. Acting City Manager Fred Turnier provided power point presentation. 4. DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE GENERAL, WATER AND SEWER FUNDS PORTION OF 2011-2012 FISCAL YEAR BUDGET. Councilman Eilrich made a motion to direct Staff to remove the transient lodging tax transfer out of the General Fund and place it back to the transient lodging tax fund. Councilwoman Malloy seconded. ---PAGE BREAK--- 05/04/2011 FCC Page 2 of 7 Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. Motion: to direct staff to bring back Resolution to authorize the loan from the general fund to the water enterprise fund and that loan be approved by the Department of Taxation also. Action: Approve, Moved by Councilman Eilrich, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. Motion: to freeze the proposed unfilled positions and before those positions are filled, the City Manager must have approval of the City Council. Moved by Councilman Eilrich. Councilman Parsons seconded. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 5. 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 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. There was no action taken on this item. It was informational only. 6. PROCLAMATIONS BY THE MAYOR. Mayor Goodman proclaimed week of May 2, 2011 as Municipal Clerks’ week. 7. RECOGNITION OF EMPLOYEES. This item was removed from the agenda by Acting City Manager’s request. 8. 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 – 03/16/2011 CLOSED SESSION, 03/30/2011 & 04/06/2011 C. APPROVAL OF LIQUOR LICENSE FOR SIERRA DISCOUNT MARKET (NEW OWNER); LOCATED AT 882 US HIGHWAY 95A {END OF CONSENT AGENDA} ---PAGE BREAK--- 05/04/2011 FCC Page 3 of 7 Motion: to approve consent agenda as stated in tonight's agenda, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 9. LEGISLATIVE UPDATE FROM NEVADA BUSINESS STRATEGIES INCLUDING, BUT NOT LIMITED TO, PROPOSED SENATE AND ASSEMBLY BILLS, CONSOLIDATED TAX, AND OTHER LEGISLATIVE ISSUES THAT RELATE TO THE CITY OF FERNLEY ( LIST OF BDRS, ABS AND SBS IS AVAILABLE UPON REQUEST AND CAN BE VIEWED ON-LINE). There was no legislative update. 10. PRESENTATION AND POSSIBLE ACCEPTANCE OF THE CITY OF FERNLEY COMMUNITY ASSESSMENT FINAL REPORT. Mr. Carl Dahlen provided power point presentation regarding the City of Fernley community assessment final report. There was no action taken by the Council. It was informational item only. 11. DISCUSSION AND POSSIBLE DIRECTION TO THE CITY MANAGER REGARDING A WATER DEDICATION INCENTIVE PROGRAM FOR THE CITY OF FERNLEY AND OTHER MATTERS PROPERLY RELATED THERETO. City Engineer Shari Whalen provided power point presentation. Motion: to implement a Dedication Incentive Program to encourage water rights owners to dedicate water to the City of Fernley. Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Eilrich. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons. No: Councilwoman Malloy. 12. DISCUSSION AND POSSIBLE DIRECTION TO THE CITY MANAGER TO ENTER INTO WATER LEASE NEGOTIATIONS WITH THE PYRAMID LAKE PAIUTE TRIBE FOR THE 2011 IRRIGATION SEASON AND OTHER MATTERS PROPERLY RELATED THERETO. Motion: to direct City Manager to enter into water lease negotiations for the 2011 Irrigation Season, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Eilrich. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. ---PAGE BREAK--- 05/04/2011 FCC Page 4 of 7 No: Councilman Parsons, Councilwoman Malloy. 13. DISCUSSION AND POSSIBLE DIRECTION TO THE CITY MANAGER REGARDING PRIORITIES FOR WATER RIGHTS RELATED MATTERS IN FY11/12, INCLUDING, BUT NOT LIMITED TO: • WATER DEDICATION RATE REDUCTION • DEDICATION INCENTIVES PROGRAM • AQUIFER STORAGE AND RECOVERY (ASR) PROGRAM • TRUCKEE CANAL ACCESS • DONNER LAKE STORAGE NEGOTIATIONS • PYRAMID LAKE PAIUTE TRIBE WATER LEASE NEGOTIATIONS • OTHER SECONDARY ISSUES o UPSTREAM STORAGE CONTRACT NEGOTIATIONS WITH UNITED STATES o EXPANDING GROUNDWATER RESOURCES o ONGOING TRUCKEE RIVER OPERATING AGREEMENT (TROA) LITIGATION o LYON COUNTY ROAD WATER o TRUCKEE CARSON IRRIGATION DISTRICT (TCID) OWNED WATER Motion: to direct staff to pursue water rights protection activities as prioritized by City Council, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons. No: Councilwoman Malloy. 14. PUBLIC HEARING: DISCUSSION AND ADOPTION OF BILL #165, AN ORDINANCE MODIFYING FRANCHISE/BUSINESS LICENSE FEES FOR PUBLIC UTILITIES PROVIDING SERVICES WITHIN THE CITY OF FERNLEY AND MODIFYING TITLE 3 (BUSINESS LICENSE REGULATIONS), CHAPTER 1 (GENERAL BUSINESS LICENSE PROVISIONS) OF THE FERNLEY MUNICIPAL CODE, AND OTHER MATTERS PROPERLY RELATING THERETO. Motion: to adopt Bill #165 as an Ordinance modifying franchise/business license fees for public utilities providing services within the City of Fernley and modifying Title 3 (Business License Regulations), Chapter 1 (General Business License Provisions) of the Fernley Municipal Code, and other matter properly relating thereto and as in tonight’s agenda item #14, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Eilrich. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons. No: Councilwoman Malloy. ---PAGE BREAK--- 05/04/2011 FCC Page 5 of 7 15. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON SUP 11-26, A REQUEST FOR A SPECIAL USE PERMIT FOR THE EXPANSION OF A LEGALLY ESTABLISHED NON-CONFORMING TELECOMMUNICATIONS FACILITY, WITH MODIFICATIONS INCLUDING ADDITION OF TWELVE PANEL ANTENNAS, ONE MICROWAVE DISH, AND A 12-FOOT BY 16-FOOT EQUIPMENT SHELTER AND STANDBY DIESEL GENERATOR. THE PROPERTY IS ZONED M1, (GENERAL INDUSTRIAL), AND IS LOCATED AT 5550 US HWY 50A, (APN: 21-392-10). Motion: To approve as conditioned, Special Use Permit, SUP 11-26, based on the discussion and findings provided in the April 13, 2011 Planning Commission Staff report, Action: Approve, Moved by Councilman Eilrich, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 16. DISCUSSION AND POSSIBLE APPROVAL OF AWARD OF WATER MODEL UPDATES, CALIBRATION AND INFRASTRUCTURE VERIFICATION TO FARR WEST ENGINEERING IN AN AMOUNT NOT TO EXCEED $20,625.00. Motion: to approve award of Contract for Water Model Updates, Calibration and infrastructure to Farr West Engineering in the amount of $20,625 and in accordance with the item 16th on the agenda, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 17. DISCUSSION AND POSSIBLE ACTION TO APPROVE A BICYCLE MOTOCROSS (BMX) PARK ON CITY OWNED PROPERTY, FUNDED BY RESIDENTIAL CONSTRUCTION TAX (RCT) REVENUE. Motion: moved to approve the Public Works Department to proceed with the construction of a bicycle motocross (BMX) park on city owned property funded by Residential Construction Tax (RCT) revenue, Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 18. DISCUSSION AND POSSIBLE DIRECTION TO CITY MANAGER TO INCLUDE BUT NOT LIMITED TO, PREPARING AND/OR AMENDING ORDINANCES AND/OR RESOLUTIONS REGARDING EXISTING BOARDS, COMMISSIONS AND/OR COMMITTEES FOR POSSIBLE CHANGES TO EXISTING CITY OF FERNLEY BOARDS, COMMISSIONS, AND/OR COMMITTEES; INCLUDING, BUT NOT LIMITED TO POSSIBLE CONSOLIDATION, MODIFICATION, OR ELIMINATION OF THE FOLLOWING BOARDS: ---PAGE BREAK--- 05/04/2011 FCC Page 6 of 7 A. ARTS AND CULTURE COMMISSION B. AUDIT COMMITTEE C. BUILDING BOARD OF APPEALS D. CONVENTION AND TOURISM AUTHORITY E. PLANNING COMMISSION Motion: to direct City Manager to change the status of Arts and Culture Commission from City’s official commission to volunteer organization. Moved by Councilwoman Malloy. Seconded by Councilman Eilrich. The motion carried as follows: APPROVED by 5-0-0 Motion: to direct Staff to amend Ordinance #2010-006 to authorize the City Council to act as the Fernley Convention and Tourism Authority Board and other matters related thereto. Moved by Councilman Eilrich, Councilman Edgington seconded the motion. The motion carried as follows: APPROVED by a vote of 3-2-0, Parson and Malloy opposed. 19. DISCUSSION AND POSSIBLE ACTION TO ENTER INTO AN EMPLOYMENT SERVICES AGREEMENT WITH THE INTERIM CITY MANAGER. Chaffin moved to direct City Attorney to draft contract with Interim City Manager. Edgington seconded. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. No: Councilman Parsons, Councilwoman Malloy. 20. DISCUSSION AND POSSIBLE DIRECTION TO THE CITY MANAGER REGARDING CHANGES TO THE ORDINANCE #1(PER COUNCILMAN PARSON’S AND COUNCILWOMAN MALLOY’S REQUEST). Mayor Goodman suggested to agendize workshop to discuss Ordinance #1 after the budget approval. Councilwoman Malloy moved to direct staff to prepare for a workshop regarding hiring the new City Manager including this discussion item about changes to Ordinance Motion died for the lack of second. Meeting was adjourned at 9:03pm. 21. DISCUSSION TO THE CITY MANAGER REGARDING REDUCTION IN COMMUNITY DEVELOPMENT DEPARTMENT BUDGET FOR THIS FISCAL YEAR AND THE NEXT FISCAL YEAR (PER COUNCILWOMAN MALLOY’S REQUEST). 22. DISCUSSION TO THE CITY MANAGER REGARDING CONSOLIDATION OF CITY DEPARTMENTS WITH LYON COUNTY INCLUDING COMMUNITY DEVELOPMENT, CITY ---PAGE BREAK--- 05/04/2011 FCC Page 7 of 7 CLERK’S OFFICE, CITY TREASURER AND HUMAN RESOURCES DEPARTMENT (PER COUNCILWOMAN MALLOY’S REQUEST). 23. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 24. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. 25. ADJOURNMENT. This notice and agenda is being posted before 9:00 a.m.,04/28/2011, in accordance with NRS 241.020 at the following locations: www.cityoffernley.org, Fernley Post Office at 315 Main Street, North Lyon County Fire Protection District 195 E Main Street, Lyon County Library at 575 Silver Lace Blvd., Senior Citizen’s Center at 1170 W. Newlands Drive, Fernley Swimming Pool District 300 Cottonwood Lane, and Fernley City Hall at 595 Silver Lace Blvd. Notice to persons with disabilities: Members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the Fernley City Hall, at least 24 hours in advance, at 784-9830.