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Todd Cutler, Mayor Elayne Logue, Ward 1 Joe Mortensen, Ward 2 Monte Martin, Ward 3 Curt Chaffin, Ward 4 Calvin 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, August 6, 2008 1. ROLL CALL. There were no absences. 2. CONSENT AGENDA: (PLEASE NOTE: Action may be taken on all or some of the consent agenda items in one motion. Those items that are removed from the consent agenda will be addressed separately.) 2.A. ADDRESS PAYMENT OF VOUCHERS 2.B. ADDRESS APPROVAL OF BUSINESS LICENSES: 2.B.1. BERESOVOY’S CUSTOM WELDING & FABRICATION – WELDING & FABRICATION – WINNEMUCCA, NV. 2.B.2. CHAFFIN REAL ESTATE SERVICES – CHANGE OF ADDRESS ONLY – FERNLEY, NV. 2.B.3. DEL-J INC. DBA DOUBLE R PRODUCTS – GENERAL BUILDING CONTRACTOR 70763, B – GRANTS PASS, OR. 2.B.4. J.J. FLEMING & ASSOCIATES – GENERAL BUILDING CONTRACTOR 41360, B – CARSON CITY, NV. 2.B.5. KODI ENTERPRISES – GENERAL BUILDING CONTRACTOR 48230, B – TRUCKEE, CA. 2.B.6. SOLCRAFT DBA BLACK ROCK ENGINEERING – CONSULTING - CIVIL ENGINEERING – RENO, NV. 2.B.7. STANLEY STUDIO – PHOTOGRAPHY STUDIO – FERNLEY, NV. 2.B.8. UPTON SERVICES – REFRIGERATION & AIR CONDITIONING CONTRACTOR 54840, C-21 – RENO, NV. 2.B.9. VALLEY SUPPLY, LLC – SUPPLY SERVICE/MINING & CONSTRUCTION – FERNLEY NV. 2.B.10. WESTCO INFRASTRUCTURE TECHNOLOGIES LTD PARTNERSHIP – GENERAL CONTRACTOR 53786, A – TORRANCE, CA. 2.C. ADDRESS REQUEST BY RETIRED SENIORS VOLUNTEER PROGRAM (RSVP) FOR WAIVER OF LIQUOR LICENSE FEE FOR THE FALL FUN FAIR TO BE HELD AT THE OUT OF TOWN PARK; SEPTEMBER 5TH – 7TH. ---PAGE BREAK--- 8/06/2008 Page 2 of 6 2.D. ADDRESS REQUEST BY THE FERNLEY CHAMBER OF COMMERCE FOR WAIVER OF LIQUOR LICENSE FOR THE SENIOR PRO RODEO TO BE HELD AT THE OUT OF TOWN PARK; SEPTEMBER 27TH & 28TH. 2.E. ADDRESS ADOPTION OF RESOLUTIONS FOR THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR: 2.E.1. AGRU AMERICA, LOCATED AT 2000 E. NEWLANDS DR., APN 21-242- 06. 2.E.2. WILSON COMMERCIAL, LOCATED AT 2600 & 2655 WILSON WAY, APN 21-312-01. 2.F. ADDRESS WATER RIGHTS DEDICATION AND BANKING AGREEMENTS FOR: 2.F.1. CHURCHILL WEST, LLC; APN 20-352-08. 2.F.2. SAIIDI FAMILY TRUST; APN 21-082-18 & 21-082-20. 2.G. ADDRESS REQUEST BY DR. DAVID KAHN FOR .797 SEWER WILL-SERVES FOR TENANT IMPROVEMENTS; LOCATED AT 240 HIGHWAY 95A, SUITE B; APN 20-132-03. 2.H. ADDRESS CHANGE ORDER #6 FOR THE WATER TREATMENT PLANT PROJECT. 2.I. ADDRESS TWO YEAR CONTRACT WITH CONSTRUCTION INSPECTION ASSOCIATES TO PROVIDE INSPECTION SERVICES. 2.J. ADDRESS ACQUISITION OF A PORTION OF 825 MESA DRIVE, ALSO IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 020-151-03, FOR WATER CONVEYANCE INFRASTRUCTURE PROJECT, IN THE AMOUNT OF $65,800.00. 2.K. ADDRESS AUTHORIZING STAFF TO WRITE OFF A COMMERCIAL WATER ACCOUNT AMOUNT OF 2,404.92 AND A COMMERCIAL SEWER ACCOUNT AMOUNT OF $1,029.01 PURSUANT TO A COURT ORDER IN A CHAPTER 11 BANKRUPTCY CASE. 2.L. ADDRESS SETTLEMENT AGREEMENT BETWEEN CITY OF FERNLEY AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) LOCAL 1245, WHICH RESOLVES A GRIEVANCE SET FOR ARBITRATION. {End of Consent Agenda} This item was APPROVED by a vote of 4-0-1 Chaffin abstained. 3. ADDRESS CITY COUNCIL CONSENT TO THE MAYOR’S APPOINTMENT OF THE CITY CLERK. A motion to approve the Mayor’s appointment of Mrs. Lena Shumway as the City Clerk was APPROVED by a vote of 5-0-0. ---PAGE BREAK--- 8/06/2008 Page 3 of 6 4. ADDRESS SWEARING IN OF THE NEW CITY CLERK. NO action was taken on this item. Municipal Court Judge Daniel Bauer issued Mrs. Shumway the Oath of Office. 5. ADDRESS STIPULATION WITH UNITED STATES BUREAU OF RECLAMATION TO STAY APPEAL FROM STATE ENGINEER RULING 5744 PENDING SETTLEMENT DISCUSSIONS. This item was APPROVED by a vote of 5-0-0. 6. ADDRESS JOINT AGREEMENT WITH PYRAMID LAKE PAIUTE TRIBE AND UNITED STATES BUREAU OF RECLAMATION REGARDING THE JOINT PLANNING AND DEVELOPMENT ACTIVITY FUND INVOLVING THE APPROPRIATION OF $5,000,000 OF FEDERAL FUNDS FOR WATER INFRASTRUCTURE AND PLANNING. A motion to authorize Staff to prepare a joint grant proposal to the United States Bureau of Reclamation with the Pyramid Lake Paiute Tribe for joint planning and development activities for water infrastructure and planning was APPROVED by a vote of 5-0-0. 7. ADDRESS THE CITY OF FERNLEY’S DEVELOPMENT APPLICATION PROCESSES; HOW THE PROCESS WORKS FOR COMMUNITY DEVELOPMENT, BUILDING, AND PUBLIC WORKS DEPARTMENTS. NO action was taken on this item. After hearing public input, Acting Community Development Director Fred Turnier would look into the following suggestions: public tracking of projects on the city website; more information regarding the process and necessary requirements be posted to the website; closer interactions of the “development team”: Community Development, the Building Department, and Public Works; inclusive checklists available to customers; update on software interface to be used by all three parts of the development team; and clear identification of timelines. Mr. Turnier would give an update to the Council within 30 days. 8. ADDRESS DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING AN UPDATE TO THE CITY OF FERNLEY DEVELOPMENT CODE. A motion to direct Staff to begin the Development Code amendment process was APPROVED by a vote of 5-0-0. 9. ADDRESS CAPITAL IMPROVEMENTS ADVISORY COMMITTEE’S CONCERNS OVER CITY COUNCIL DIRECTION TO CONTINUE ROAD IMPACT FEE PROCESS. A motion to continue the road impact fee process with the current Capital Improvements Advisory Committee was APPROVED by a vote of 5-0-0. There was significant interest expressed from the Council regarding obtaining ---PAGE BREAK--- 8/06/2008 Page 4 of 6 information regarding the affects of proposed impact fees (similar to a business impact statement) and receiving quarterly reports from the CIP Committee. 10. ADDRESS AGREEMENT WITH NEVADA DEPARTMENT OF TRANSPORTATION FOR RELOCATION OF 14” WATERLINE ASSOCIATED WITH CONSTRUCTION OF I-80 INTERCHANGE AT NEVADA PACIFIC PARKWAY, INCLUDING A REQUEST FROM SONTERRA DEVELOPMENT COMPANY, LLC. FOR THE CITY TO BE RESPONSIBLE FOR ENTIRE COST OF RELOCATION. After much discussion with representatives from NDOT and Sonterra Development, a motion to approve $436,613.38 for the relocation of a 14” water line was APPROVED by a vote of 5-0-0. 11. ADDRESS ANNUAL CHEMICAL SUPPLIER CONTRACT, INCLUDING ADJUSTMENT OF RATE FOR SODIUM HYPOCHLORITE. A motion to authorize Staff to prepare an amendment to the existing contract with Sierra Chemical to reflect an increase in rates for the remainder of the contract was APPROVED by a vote of 4-1-0 Eilrich opposed. 12. ADDRESS AWARD OF CONTRACTS FOR RANCHO SIERRA IMPROVEMENT PROJECT, INCLUDING: 12.A. AWARD OF CONSTRUCTION CONTRACT TO SIERRA NEVADA CONSTRUCTION, INC. IN THE AMOUNT NOT TO EXCEED $179,007.00 12.B. AWARD OF MATERIALS TESTING CONTRACT TO TERRACON IN THE AMOUNT NOT TO EXCEED $5,950.00. This item was APPROVED by a vote of 5-0-0. 13. ADDRESS GENERAL ISSUES RELATING TO THE UPCOMING FRANCHISE RENEWAL FOR WASTE DISPOSAL, INCLUDING SPECIAL PROVISIONS FOR INCLUSION OF A NEW FRANCHISE AGREEMENT(S). A motion to confirm the agreed upon terms on page 1 of the presentation and direct Staff to include as part of the bidding process the following items separately: exclusive franchise agreements for mandatory waste for all properties including residential properties less than two acre with standard waste containers, senior discounts, and exceptions for non-profit organizations; commercial and industrial dry and wet waste; construction and demolition dry waste; cost effective waste recycling including proposals for rates for standard recycle containers; and all those listed above combined in a single proposal was APPROVED by a vote of 5-0-0. 14. ADDRESS DON PARSONS’ REQUEST TO DISCUSS A MONETARY IMPACT OF RESIDENTS ON MESA DRIVE DUE TO THE DRILLING OF FERNLEY WATER WELL LOCATED BEHIND LOVE’S TRAVEL STOP. ---PAGE BREAK--- 8/06/2008 Page 5 of 6 NO action was taken on this item. Public Works Director Lowell Patton encouraged the affected residents to submit detailed accounts of negative impacts including any receipts for repair or rehabilitation of their property to Public Works. Staff would provide the Council with an update regarding those properties at a subsequent meeting. 15. ADDRESS THE POSSIBLE MOVING OF THE AUGUST 20TH MEETING DATE DUE TO CONFLICTS WITH THE NEVADA LEAGUE OF CITIES ANNUAL CONFERENCE IN FALLON FROM AUGUST 20TH TO AUGUST 23RD. This item was removed at the request of City Manager Gary Bacock, as all Councilmembers with the exception of Councilman Mortensen would be available to attend the regularly scheduled meeting. 16. 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. 17. 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. 18. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. NO action was taken on this item. 19. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. NO action was taken on this item. 20. ADDRESS THE UPCOMING 2009 NEVADA LEGISLATURE SESSION INCLUDING DISCUSSION WITH TOM GRADY AND STATE SENATOR MARK AMODEI REGARDING CITY ISSUES. NO action was taken on this item. Tom Grady and Senators Mark Amodei and Mike McGinness encouraged the City to forward any bill drafts to them as the deadline was approaching. 21. ADDRESS PRESENTATION BY THE NORTHERN NEVADA DEVELOPMENT AUTHORITY RELATING TO THE BUSINESS INCUBATOR PROJECT AND THEIR REQUEST FOR POSSIBLE SPACE FOR STARTING THE PROJECT. ---PAGE BREAK--- 8/06/2008 Page 6 of 6 A motion to support the NVision Network Incubator Project and possibly work out an agreement for use of the of space currently designated for DMV, to be brought back to the Council for review was APPROVED by a vote of 5-0-0. 22. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included: Address Termination of the City Manager’s Contract and Employment with the City of Fernley Discussion Regarding Bill Drafts to Send to the Legislature for Changes in Laws and Ordinances. 23. ADJOURNMENT. The meeting was ADJOURNED at 9:57 p.m. by a vote of 5-0-0.