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Todd Cutler, Mayor Charles Shepperd, Ward 1 Joe Mortensen, Ward 2 Monte Martin, Ward 3 Curt Chaffin, Ward 4 Ralph Menke, 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, October 3, 2007 The City Council meeting for Wednesday, October 3, 2007 began at 6:00 p.m. 1. PUBLIC INPUT. Items not agendized for this meeting cannot be acted upon other than to place them on future agendas. 2. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 3. 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.) 3.A. ADDRESS PAYMENT OF VOUCHERS 3.B. ADDRESS APPROVAL OF MINUTES, INCLUDING: 9/5/07. 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. ATLAS TILE & STONE – TERZAAO, MARBLE & TILING CONTRACTOR 58478, 59360, C-19 & C-20 – RENO, NV. 3.C.2. BERGELECTRIC CORP. – ELECTRICAL CONTRACTOR 36859, C-2 – ESCONDIDO, CA. 3.C.3. ENERGIZED ELECTRICAL SYSTEMS, INC. – ELECTRICAL CONTRACTOR 58755, C-2 – RENO, NV. 3.C.4. HANSEN PAINTING & DECORATING, INC. – PAINTING & DECORATING CONTRACTOR 34004, C-4 – SACRAMENTO, CA. 3.C.5. KBEWWT INC. – CONSULTANT FOR WINE PRODUCTION – FERNLEY, NV, 3.C.6. QUICK STOP MARKET #71 – CONVENIENCE STORE WITH GASOLINE & SLOT ROUTE – FREMONT, CA. 3.C.7. SIERRA BARAJAS ROOFING, INC. – ROOFING & SIDING CONTRACTOR 51565, C-15 – RENO, NV. 3.C.8. STARLITES AUTO GLASS. LLC – AUTO GLASS REPLACEMENT – MOBILE – FERNLEY, NV. ---PAGE BREAK--- 10/03/2007 Page 2 of 7 3.C.9. US GEOMATICS, INC. – LAND SURVEYOR – RENO, NV. 3.C.10. THE SMITH CO. INC, DBA THE OVERHEAD DOOR CO. INC. CARPENTRY CONTRACTOR, 67524, C-3 – ROSEVILLE, CA. 3.D. ADDRESS APPROVAL OF LIQUOR LICENSE FOR QUICK STOP MARKET #71; LOCATED AT 360 S. HWY 95A, FERNLEY, NV. 3.E. ADDRESS APPROVAL OF EXTENSION OF TIME FOR PHASE/UNIT 6A OF THE GREEN VALLEY ESTATES TENTATIVE SUBDIVISION MAP, TSM 03-08, ORIGINALLY APPROVED ON NOVEMBER 18, 2005, OWNED BY ALTMANN & OTT LLC; LOCATED NORTH OF THE TRUCKEE CARSON IRRIGATION CANAL (TCID) AND WEST OF CANAL DRIVE; APNS 021-191-08 AND 09. 3.F. ADDRESS FINAL SUBDIVISION MAP 05-07 FOR FARM VIEW ESTATES TO SUBDIVIDE A 9.2-ACRE PARCEL ZONED E-1 (RESIDENTIAL HIGH DENSITY) CREATING 25-SINGLE FAMILY PARCELS THE SMALLEST BEING 12,000-SQUARE FEET; LOCATED EAST OF FARM DISTRICT ROAD; APN 021-311-35. 3.G. ADDRESS A REQUEST BY ERIKA CUTLER FOR 1.02 WATER AND 2.90 SEWER WILL-SERVES FOR SKYLINE COMMERCIAL; LOCATED AT 125 EAST MAIN STREET; APN 020-041-62. 3.H. ADDRESS CONTRACTS FOR CITY ATTORNEY SERVICES, INCLUDING: 3.H.1. MODIFIED CONTRACT WITH THE LAW FIRM OF TAGGART & TAGGART; AND, 3.H.2. MODIFIED EMPLOYMENT AGREEMENT WITH CITY ATTORNEY JEFF MCGOWAN. 3-I. ADDRESS ADOPTION OF RESOLUTION IMPLEMENTING A CHANGE OF THE WATER PAYMENT SCHEDULE FOR THE $100.00 SHUT OFF/TURN ON FEE APPROVED BY THE CITY COUNCIL ON 9/25/07. 3-J. ADDRESS AMENDED AGREEMENTS FOR PROFESSIONAL SERVICES TO IMPLEMENT THE TRUCKEE RIVER OPERATING AGREEMENT GRANT FROM THE U.S. BUREAU OF RECLAMATION. City Manager Gary Bacock REMOVED item 3J from the consent agenda, to be addressed at the October 17th meeting. A motion to approve the consent agenda minus item 3B was APPROVED by a vote of 4-0-1 Shepperd absent. A motion to approve the minutes for 9/5/07 (item 3B) was APPROVED by a vote of 3-0-2 Mortensen abstained, Shepperd absent. 4. ADDRESS PRESENTATION BY MGT AMERICA RELATING TO THE LYON COUNTY SCHOOL DISTRICT FACILITIES. NO action was taken on this item. 5. ADDRESS INTERLOCAL AGREEMENT WITH THE STATE OF NEVADA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, TO DEFINE ---PAGE BREAK--- 10/03/2007 Page 3 of 7 RESPONSIBILITY FOR ELECTRICAL SERVICES IN ASSOCIATION WITH THE NEVADA PACIFIC PARKWAY INTERCHANGE PROJECT. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 6. ADDRESS THE COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE NEVADA DEPARTMENT OF TRANSPORTATION (NDOT) REGARDING THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA21) AS PART OF THE GRANT PROGRAM FOR THE REHABILITATION OF THE FERNLEY DEPOT BY COMBINING PHASE II AND PHASE III PROJECTS. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7. PUBLIC HEARING: 7.A. ADDRESS SPECIAL USE PERMIT APPLICATION SUP 08-01 FOR ZOO’N AROUND CHILDREN’S LEARNING CENTER/KATIE AND WESLEY JACKSON FOR A 6,765 SQUARE FOOT BUILDING WITH APPROXIMATELY 130 CHILDREN IN THE RR-1 (RURAL RESIDENTIAL, ONE-ACRE MINIMUM PARCEL SIZE) ZONING DISTRICT; LOCATED AT 380 CRIMSON LANE; APN 21-171-42; OWNER JOHN D. AND ANGELA S. MORT This item was APPROVED with the removal of condition 1 and the addition of the requirement for masonry sound walls on the north and west boundaries by a vote of 3-1-1 Menke opposed, Shepperd absent. 7.B. ADDRESS PROPOSAL OF RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICES RELATING TO GENERAL OBLIGATION (LIMITED TAX) WATER AND SEWER BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES) IN THE MAXIMUM PRINCIPAL AMOUNT OF $50,000,000 FOR THE PURPOSE OF FINANCING WATER AND SEWER PROJECTS FOR THE CITY; PROVIDING THE MANNER, FORM AND CONTENTS OF THE NOTICE THEREOF; AUTHORIZING THE CITY TREASURER OR HER DESIGNEE TO ARRANGE FOR THE SALE OF THE BONDS; PROVIDING OTHER MATTERS PROPERLY RELATED THERETO; AND PROVIDING THE EFFECTIVE DATE HEREOF. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.C. ADDRESS RECONSIDERATION OF PROPOSAL OF BILL #99 AS AN ORDINANCE RELATING TO RULES OF PROCEDURE FOR THE MAYOR AND CITY COUNCIL. A motion to approve proposal of Bill #99 including sections 1 through 4 and sections 5 and 6 with the exception of subsection 6L, with the modification that all regular meetings be changed to all agendized meetings was APPROVED by a vote of 4-0-1 Shepperd absent. A motion to approve sections 7 through 9 DIED for lack of a second after Councilman Mortensen withdrew his second. ---PAGE BREAK--- 10/03/2007 Page 4 of 7 7.D. ADDRESS PROPOSAL OF BILL #101 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO DEVELOPMENT AGREEMENTS WITH MATTHEWS HOMES, INC. AND WILLIAM V. AND ELLICE K.G. CARLSON TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVALS FOR PONDEROSA HIGHLANDS AKA FOOTHILLS (PS 04-01); APN 021-304-76 & 77; 021-321-09. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.E. ADDRESS PROPOSAL OF BILL #102 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH REYNEN AND BARDIS COMMUNITIES TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVALS FOR JACKSON RANCH PLANNED DEVELOPMENT (PD 04-03.); APNS 021-041-07, 08, 09 & 10. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.F. ADDRESS ADOPTION OF BILL #94 AS AN ORDINANCE FOR ZONING MAP AMENDMENT APPLICATION ZMA 07-05 FOR SHERWOOD SUBDIVISION/C & D DEVELOPMENT TO CHANGE THE ZONING OF A 2.58-ACRE PARCEL FROM RR-1T (RURAL RESIDENTIAL, ONE-ACRE MINIMUM PARCEL SIZE WITH TRAILER OVERLAY) TO E-1 (FIRST ESTATE RESIDENTIAL, 12,000 SQUARE FEET MINIMUM PARCEL SIZE); LOCATED AT 340 VINE STREET; APN 21-092-22; OWNER PATRICK M. MCFARLANE. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.G. ADDRESS ADOPTION OF BILL #95 AS AN ORDINANCE FOR ZONING MAP AMENDMENT APPLICATION ZMA 07-06 FOR RED ROCK COMMERCIAL/CASPIAN CABINET CO. & LOOMIS FAMILY TRUST TO CHANGE THE ZONING OF A 34.64-ACRE PARCEL FROM M-1 (GENERAL INDUSTRIAL) TO C-2 (GENERAL COMMERCIAL); LOCATED AT HIGHWAY 50A AND RED ROCK; APN 21-201-12, 13 AND 14. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.H. ADDRESS ADOPTION OF BILL #96 AS AN ORDINANCE FOR ZONING MAP AMENDMENT APPLICATION ZMA 07-07 FOR ALL TUNE AND LUBE/SCHELL CREEK CONSTRUCTION/GERALD H. RICCI TO CHANGE 3 PARCELS (A .31-ACRE PARCEL, A .57-ACRE PARCEL AND A .86-ACRE PARCEL TOTALING 1.74-ACRES) FROM C-1 (LIMITED COMMERCIAL) TO C-2 (GENERAL COMMERCIAL); LOCATED AT HIGHWAY 95A; APN 20-057-12, 13 AND 14. This item was APPROVED by a vote of 4-0-1 Shepperd absent. ---PAGE BREAK--- 10/03/2007 Page 5 of 7 7.I. ADDRESS PLANNED DEVELOPMENT APPLICATION PD 08-01 FOR SHELL CREEKS PLAZA/GERALD H. RICCI ON A 1.43-ACRE PARCEL CURRENTLY ZONED C-1 (LIMITED COMMERCIAL); LOCATED AT HIGHWAY 95A; APN 20- 057-12, 13 AND 14. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.J. ADDRESS ADOPTION OF BILL #97 AS AN ORDINANCE FOR ZONING MAP AMENDMENT APPLICATION ZMA 07-04 FOR LAKEMONT COMMUNITIES/CAROL DOTSON (OWNER: SONTERRA DEVELOPMENT COMPANY AND WADE/FERNLEY) TO CHANGE THE ZONING MAP DESIGNATIONS OF FOUR PARCELS: • APN 021-201-08 FROM RR-5 (RURAL RESIDENTIAL 20 ACRE MINIMUM PARCEL SIZE) TO C-2 (GENERAL COMMERCIAL); • APN 021-201-16 FROM RR-5 (RURAL RESIDENTIAL 20 ACRE MINIMUM PARCEL SIZE TO M-1 (GENERAL INDUSTRIAL); • APN 021-211-01 FROM C-2 (GENERAL COMMERCIAL); M-1 (GENERAL INDUSTRIAL) AND M-E (INDUSTRIAL ESTATES) TO C-2 (GENERAL COMMERCIAL); AND • APN 021-242-07 FROM C-2 (GENERAL COMMERCIAL); M-1 (GENERAL INDUSTRIAL); RR-5 (RURAL RESIDENTIAL 20 ACRE MINIMUM PARCEL SIZE) AND M-E (INDUSTRIAL ESTATES) TO M-1 (GENERAL INDUSTRIAL APPROXIMATELY 157-ACRES) AND C-2 (GENERAL COMMERCIAL APPROXIMATELY 586-ACRES). THESE PARCELS ARE LOCATED IN NORTHEAST FERNLEY, NEAR THE SONTERRA DEVELOPMENT. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.K. ADDRESS ADOPTION OF BILL #98 AS AN ORDINANCE AMENDING THE TEXT OF THE DEVELOPMENT CODE, CHAPTERS 24 & 29. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.L. ADDRESS TENTATIVE SUBDIVISION MAP APPLICATION TSM 08-01 FOR FERNLEY BUSINESS PLAZA/C & D DEVELOPMENT CAL EILRICH FOR 3 PARCELS TOTALING 15.44-ACRES ZONED C-2 (GENERAL COMMERCIAL) AND M-1 (GENERAL INDUSTRIAL); LOCATED APPROXIMATELY 400’ EAST OF US 95A AND ADJACENT TO THE SOUTHERN PACIFIC RAIL ROAD TO THE SOUTH; APN 21-272-03, 04 AND 20. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 7.M. ADDRESS SPECIAL USE PERMIT APPLICATION SUP 08-02 FOR BANK OF AMERICA/JONES LANG LASALLE WHICH PROVIDES FOR NO MORE THAN ONE YEAR OF USE FOR THE EXISTING MODULAR BUILDING, WHILE THE NEW BANKING CENTER IS PERMITTED AND BUILT; LOCATED AT 295 ---PAGE BREAK--- 10/03/2007 Page 6 of 7 EAST MAIN STREET; APN 20-041-60; OWNER BANK OF AMERICA/GILES HUNTER. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 8. ADDRESS GRIEVANCE APPEAL FILED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245, RELATING TO CONTRACT INTERPRETATIONS ON TIMESHEET REPORTING OF OVERTIME AND THE PUBLIC EMPLOYEES RETIREMENT SYSTEM CALLBACK CREDITING ISSUES. A motion to sustain the City Manager’s denial was APPROVED by a vote of 3-1-1 Menke opposed, Shepperd absent. 9. ADDRESS LAW ENFORCEMENT ISSUES RELATING TO PROVIDING SUPPLEMENTAL FUNDING FOR LAW ENFORCEMENT. This item was REMOVED at the request of City Manager Gary Bacock. It would be reagendized for November 7, 2007. 10. ADDRESS CONSTRUCTION MANAGEMENT AGREEMENT WITH CAMP, DRESSER & MCKEE, INC. (CDM) RELATING TO THE WATER TREATMENT PLANT. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 11. ADDRESS CITY MANAGER’S PERFORMANCE EVALUATION, INCLUDING REVIEW OF CITY ACCOMPLISHMENTS, COMPLETION & DISCUSSION OF EVALUATION FORMS, CONSIDERATION OF 4% MERIT INCREASE EFFECTIVE 7/1/07, AND CONSIDERATION OF MODIFIED EMPLOYMENT SERVICES AGREEMENT. A motion to accept the City Accomplishments document and approve a merit increase of 4% was APPROVED by a vote of 3-2-1 Menke and Mortensen opposed, Shepperd absent. Mayor Cutler broke a tie vote by voting in favor of the motion. 12. ADDRESS AN UPDATE ON THE REMODELING NEEDS AT THE DIAMOND F RANCH. NO action was taken on this item. 13. ADDRESS PURCHASE OF THE FENCE FOR THE GREEN VALLEY PARK PURSUANT TO NRS 332.039. This item was APPROVED by a vote of 4-0-1 Shepperd absent. 14. ADDRESS THE PURCHASE OF VEHICLE FOR PARKS & RECREATION DEPARTMENT. ---PAGE BREAK--- 10/03/2007 Page 7 of 7 This item was REMOVED at the request of City Manager Gary Bacock to be addressed at the October 17th meeting. 15. ADDRESS CITY CODIFICATION PROJECT. A motion directing Staff to continue with the City of Fernley codification project was APPROVED by a vote of 4-0-1 Shepperd absent. 16. ADDRESS CANCELLATION OF CONTRACT WITH FERNLEY HILLS REGARDING BUREAU OF LAND MANAGEMENT (BLM). CONSENSUS was granted to allow City Attorney Jeff McGowan to write a letter explaining the City’s position regarding the contract with Fernley Hills. 17. ADDRESS THE WATER AND SEWER BILLING PROCESS REGARDING THE $10.00 LATE FEE, INCLUDING PRESENTATION ON PAYMENT OPTIONS. Due to the late hour, Councilman Martin asked to CONTINUE this item to the next meeting. 18. ADDRESS CONSIDERATION OF A LIST OF CITY STREETS THAT NEED TO BE STRIPED FOR VARIOUS REASONS. Due to the late hour, Councilman Martin asked to CONTINUE this item to the next meeting. 19. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future agenda items included: Discussion and Possible Action in Regard to Letter From Constituents of Ward 1 Requesting a Judicial Ruling to Determine if the Current Ward 1 Council Seat Could be Determined Vacant. Discussion and Possible Action on Renegotiation of City Manager’s Employment Contract (November 19th meeting). 20. ADJOURNMENT. The meeting was ADJOURNED at 12:28 a.m. on October 4, 2007 by a vote of 4-0-1 Shepperd absent.