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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: WEDNESDAY, April 15, 2009 1. ROLL CALL. There were no absences. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. No adjustments were made. 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 – 3/18/2009 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. BUBBA’S AUTO REPAIR – AUTOMOTIVE REPAIR SHOP – FERNLEY, NV. 3.C.2. GIGGLES & GOODIES – ICE CREAM TRUCK – FERNLEY, NV. 3.C.3. JESSE MCCOURRY – INTERNET SALES – FERNLEY, NV. 3.C.4. KANNIKA’S CREATIONS – INTERNET & CRAFT FAIR SALES – FERNLEY, NV. 3.C.5. NATIVE INK – TATTOOING & BODY PIERCING – FERNLEY, NV. 3.C.6. PAULS TRUCK & TRAILER REPAIR – REPAIR SHOP – FERNLEY, NV. 3.C.7. SYSTEM MECHANICAL - PLUMBING & HEATING CONTRACTOR 33930, C-1 – SPARKS, NV. 3.D. ADDRESS WATER RIGHTS DEDICATION AND BANKING AGREEMENT FOR SHADOWBROOK NV LLC, NV LLC, LYON COUNTY PARCEL NUMBER 21-132-62, 21-132-63, 21-132-64 AND TCID SERIAL NUMBER 1036-3-D, 1036-3-C AND 1036-3-B. ---PAGE BREAK--- 09-04-15 FCC SUMMARY of Action Page 2 of 7 3.E. ADDRESS AWARD OF BIDS FOR GREEN VALLEY PARK IMPROVEMENTS. 3.F. ADDRESS THE WILL-SERVE REQUEST FROM SOUTHWEST GAS CORPORATION, TO BE LOCATED AT THE INTERSECTION OF NEVADA PACIFIC AND MCDONALD DRIVE, LYON COUNTY PARCEL NUMBER 21- 242-12, FOR 0.93 WATER ERC’S AND .98 SEWER ERC’S. 3.G. ADDRESS THE WILL-SERVE REQUEST FROM FOX PEAK STATION II, TO BE LOCATED AT 1200 NEVADA PACIFIC PARKWAY, LYON COUNTY PARCEL NUMBER 021-201-49, FOR .988 WATER ERC’S AND 2.391 SEWER ERC’S. 3.H. ADDRESS AWARD OF THE CITY’S 2009 ANNUAL STREET SWEEPING CONTRACT. 3.I. ADDRESS APPROVAL OF EXTENSION OF TIME EOT 09-06 FOR FERNLEY VILLAGE, PLANNED DEVELOPMENT PD 05-01, ORIGINALLY APPROVED BY THE CITY COUNCIL ON MAY 4, 2005, OWNED BY FERNLEY VILLAGE, LLC; LOCATED AT VILLAGE DRIVE, APN 21-103-45. 3.J. ADDRESS APPROVAL OF “NO COST-TIME ONLY” CHANGE ORDER #2 FOR WATER CONVEYANCE INFRASTRUCTURE PROJECT 2B. 3.K. ADDRESS APPROVAL OF CHANGE ORDER #1 FOR THE WATER CONVEYANCE PROJECT 9 – 2.5 MG RAW WATER TANK IN THE AMOUNT OF $7,753.69. 3.L. ADDRESS APPROVAL OF CHANGE ORDER #16 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $64,257.00 3.M. ADDRESS APPROVAL OF CHANGE ORDER #2 FOR THE WATER CONVEYANCE PROJECT 3A – STOCK LANE AND SAGE STREET IN THE AMOUNT OF $13,843.19. {End of Consent Agenda} A motion to approve consent agenda minus requested item 3.L. was APPROVED by a vote of 5-0-0. A motion to approve change order number #16 with KG Walters Construction for the Water Treatment Plant project, with the following exceptions of items: PCO 206 in the amount of 3,518.00 and PCO 193 in the amount, which results in the total amount increase in the amount of 36,712.00 was APPROVED by a vote of 4-1-0, Martin opposed. 4. ADDRESS APPROVAL FOR THE CITY OF FERNLEY TO APPLY FOR TEMPORARY CHANGE APPLICATIONS RELATING TO THE DIVERSION AND ---PAGE BREAK--- 09-04-15 FCC SUMMARY of Action Page 3 of 7 STORAGE OF WATER WITH THE PYRAMID LAKE PAIUTE TRIBE FOR THE 2009 WATER SEASON. A motion to authorize Fernley’s negotiating team to proceed in negotiating the terms of a water exchange program, whereby Fernley would presently provide the Pyramid Lake Paiute tribe with water to Pyramid Lake in exchange for the Tribe providing Fernley with storage credit water in the future was APPROVED by a vote of 5-0-0. 5. ADDRESS APPROVAL OF LETTER IN RESPONSE TO DEPARTMENT OF TAXATION RE: ANNUAL AUDIT REPORT – FISCAL YEAR 2006 – 2007 WHICH CITED A VIOLATION OF NRS354.626 WHERE EXPENDITURES EXCEEDED APPROPRIATIONS FOR A GIVEN FUND. A motion to approve Letter in response to State of Nevada Department of Taxation request for action taken to prevent recurrence of violation of law or regulation and to correct each violation was APPROVED by a vote of 5-0-0. 6. ADDRESS REVIEW OF ANIMAL CONTROL ISSUES, PARTICULARLY THOSE RELATED TO FERAL CATS (PER COUNCILMEMBER MALLOY’S REQUEST). NO action was taken on this item. It was informational item. 7. ADDRESS REVISIONS OF ACCOUNTING AND CONTROL PROCEDURES THAT NEED TO BE MADE IN ORDER TO COME INTO COMPLIANCE WITH THE AUDIT AND TO PROPERLY SAFEGUARD THE CITY ASSETS (PER COUNCILMEMBER MALLOY’S REQUEST). NO action was taken on this item. It was informational item. 8. ADDRESS BRINGING CITY ORDINANCES IN COMPLIANCE WITH NEVADA REVISED STATUTES, SPECIFICALLY ORDINANCES 1 THROUGH 5 (PER COUNCILMEMBER MALLOY’S REQUEST). Staff was directed to review employee manual and employee contracts for making sure that those in line with City ordinances, and bring back this agenda item to the Council if any changes or clarifications on the specific language are needed. This item will be presented at April 28, 2009 Council meeting. 9. ADDRESS EXPECTATIONS OF THE CITY MANAGER AND CITY TREASURER PRIOR TO HIRING DATE (PER COUNCILMEMBER MALLOY’S REQUEST). NO action was taken on this item. 10. ADDRESS ROAD IMPROVEMENT POLICY FOR CAPITAL PROJECTS INCLUDING STOCK LANE (PER COUNCILMAN PARSON’S REQUEST). A motion to direct staff to draft a City Capital Projects Policy that would outline the process and requirements to ensure areas disrupted due to Capital ---PAGE BREAK--- 09-04-15 FCC SUMMARY of Action Page 4 of 7 Projects are brought back to their previous condition meeting acceptable safety standards was APPROVED by a vote of 5-0-0. 11. ADDRESS CONSIDERATION OF SUBMITTING LETTER FOR LYON COUNTY COMMISSIONERS SUPPORTING THE SHERIFF THAT THE CITY DOES NOT WANT TO SEE DEPUTIES POSITIONS BEING CUT (PER COUNCILMAN MARTIN’S REQUEST). A motion to direct staff to submit a letter to Lyon County commissioners supporting the Sheriff that City of Fernley does not want deputy positions being cut was APPROVED by a vote of 5-0-0. 12. ADDRESS REQUEST FOR REVIEW OF ALL ORIGINAL CITY MANAGER APPLICATIONS FROM INITIAL APPLICATION PROCESS (PER COUNCILMEMBER MALLOY’S REQUEST) NO action was taken on this item. 13. ADDRESS UPDATES AND REVISIONS TO CITY OF FERNLEY TRAVEL POLICY. A motion to continue this agenda item to the next Council meeting on May 6, 2009 was APPROVED by a vote of 5-0-0.. 14. ADDRESS COST BENEFIT ANALYSIS IN REGARDS TO CONSOLIDATION OF THE TREASURER’S OFFICE AND THE CITY CLERK’S OFFICE INTO ONE OFFICE AND FINANCE DEPARTMENT STAFFING NEEDS. A motion to maintain he same organizational structure of City Clerk’s office and City Treasurer/Finance Director’s office and proceed with Finance Director/City Treasurer recruitment was approved by a vote of 4-1-0, Eilrich opposed. 15. ADDRESS RESPONSE TO A LETTER FROM THE STATE OF NEVADA DEPARTMENT OF TAXATION RELATIVE TO AN INQUIRY FROM COUNCILMEMBER MALLOY RELATIVE TO ISSUES CONCERNING THE FINANCIAL STABILITY OF THE CITY OF FERNLEY. Malloy made a motion to direct staff to set up such a meeting (with Meridian business advisors) and give them an initial consultation and bring it back to the Council before accepting this response. 16. ADDRESS UPDATE TO THE CITY OF FERNLEY DEVELOPMENT CODE AND COMPREHENSIVE PLAN SCHEDULE. NO action was taken on this item. It was informational item. 17. 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. ---PAGE BREAK--- 09-04-15 FCC SUMMARY of Action Page 5 of 7 NO action was taken on this item. It was informational item. 18. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 18.A. ADDRESS REPORTS BY CITY COUNCIL 18.B. ADDRESS REPORTS BY CITY STAFF 18.B.1. ADDRESS REPORT BY CITY MANAGER 18.C. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. 18.D. ADDRESS REPORT BY NORTH LYON COUNTY FIRE PROTECTION DISTRICT 18.E. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. 18.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. 18.G. ADDRESS LEGISLATIVE UPDATE. 18.H. ADDRESS REPORT BY MAYOR. NO action was taken on item 18. It was informational item. 19. PUBLIC HEARING: (6:30 p.m. Time Certain) 19.A. ADDRESS ADOPTION OF BILL #122 AS AN ORDINANCE, ENACTING A ZONING MAP AMENDMENT APPLICATION ZMA O9-19 FOR SILVERLAND RANCH TO CHANGE THE ZONING OF TWO PARCELS, ONE 18.00-ACRE PARCEL AND ONE 12.50-ACRE PARCEL FROM E-2 (2ND ESTATES RESIDENTIAL ONE-HALF ACRE WITH PLANNED DEVELOPMENT OVERLAY) TO PF (PUBLIC FACILITY); LOCATED AT JASMINE LANE AND FARM DISTRICT ROAD; APN 22-411-07 AND 08. A motion to adopt Bill #122 as an ordinance, enacting Zoning Map Amendment ZMA 09-19, 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. ---PAGE BREAK--- 09-04-15 FCC SUMMARY of Action Page 6 of 7 19.B. ADDRESS PROPOSAL 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 propose a 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 on this agenda report was APPROVED by a vote of 5-0-0. 19.C. ADDRESS PROPOSAL OF BILL #117 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT 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 propose 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 was APPROVED by a vote of 5-0-0. 19.D. ADDRESS PROPOSAL 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 propose Bill #124 as an ordinance authorizing the City of Fernley to enter into a Development Agreement with DB Fernley Investments, Limited based on the findings contained in this agenda report was APPROVED by a vote of 5-0-0. 19.E. ADDRESS PROPOSAL 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 propose a 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. ---PAGE BREAK--- 09-04-15 FCC SUMMARY of Action Page 7 of 7 20. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Request for future agenda items included: Address changing the process/way remaining 17.6 million in bonds can be drawn down. 21. ADJOURNMENT. The meeting was ADJOURNED at 10:19 p.m. by a vote of 5-0-0.