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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, June 3, 2009 1. ROLL CALL. All Council members were present. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. There were no adjustments to 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 – 04/21/2009, 04/28/2009, 04/29/2009, 04/30/2009 & 05/05/2009 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. BAXTIN’S INC. – ACTION COMPANY – SPARKS, NV. 3.C.2. DESERT AIR – AIR CONDITIONING CONTRACTOR 37624, C-21B – SPARKS, NV. 3.C.3. ELECTRICAL CONSTRUCTION – EQUIPMENT, PARTS AND SUPPLIES FOR AUTOMOBILES, TRAILERS AND RECREATION VEHICLES – SPARKS, NV. 3.C.4. HARVEY BROTZMAN CONSULTING – CIVIL ENGINEERING – RENO, NV. 3.C.5. KEN & NANCY’S EXOTIC COFFEE – COFFEE AND TEA SALES ON LINE AND SPECIAL EVENTS – FERNLEY, NV. 3.C.6. MASTERPIECE NAILS – NAIL ART – FERNLEY, NV. 3.C.7. MATT’S NOVELTIES – SPECIAL EVENT VENDOR – SILVER SPRINGS, NV. ---PAGE BREAK--- 09-06-03 FCC Abstract Page 2 of 5 3.C.8. MULTI CULTURAL AZTEC DANCE GROUP OF YERINGTON – SPECIAL EVENT VENDOR – YERINGTON, NV. 3.C.9. NIVES SNOW CONES – SPECIAL EVENT VENDOR – CARSON CITY, NV. 3.C.10. YVONNE M. MILLER – INDEPENDENT BEAUTY CONSULTANT – FERNLEY, NV. 3.D. ADDRESS APPROVAL OF CHANGE ORDER #17 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $41,377.50 3.E. ADDRESS THE REQUEST FROM THE UNITED STATES POSTAL SERVICE FOR 1.14 WATER ERC’S AND 2.17 SEWER ERC’S FOR SERVICE AT THE FERNLEY POST OFFICE, LYON COUNTY PARCEL NUMBER# 21-102-01, 315 E, MAIN STREET, FERNLEY. 3.F. ADDRESS THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR THE EAST VALLEY ELEMENTARY SCHOOL, APN 21-351-12, 21-351-11, 20-553-32, 4170 FARM DISTRICT ROAD. 3.G. ADDRESS AUTHORIZING THE EXECUTION OF THE WATER RIGHTS DEDICATION AGREEMENT FOR CHURCHILL WEST (APN 20-352-08 TCID SERIAL NUMBER(S) 1054-1-J-1. 3.H. ADDRESS PROPERTY ACQUISITIONS FOR WATER CONVEYANCE PROJECTS FOR THE REFUSE, INC ACQUISITION. Councilman Parsons asked to remove item 3.D. from the consent agenda for discussion. Councilwoman Malloy asked to remove item 3.A. from consent agenda for discussion. A motion to accept consent agenda minus items 3.D. and 3.A was APPROVED by a vote of 5-0-0. A motion to approve item 3.A. was APPROVED by a vote of 5-0-0. A motion to approve Change Order #17 with KG Walters Construction for the Water Treatment Plant, which results in a total cost increase in an amount of $41,377.50 and withhold from PALL retention the amount of amount of $20,688.75 unless authorized by Council was APPROVED by a vote of 5-0-0. {End of Consent Agenda} 4. ADDRESS PROPOSAL FOR PROFESSIONAL SERVICES WITH CONVERSE CONSULTANTS REGARDING EPA BROWNFIELDS SITE ASSESSMENT COALITION GRANT APPLICATION AND CURSORY RENEWABLE ENERGY POTENTIAL EVALUATION/GRANT APPLICATION FOR SUSTAINABLE REDEVELOPMENT. ---PAGE BREAK--- 09-06-03 FCC Abstract Page 3 of 5 A motion that the City to set aside a grant match of $5,000 to support the development of an application to the federal government jointly with the Lyon County and the City of Yerington to identify locations that may need environmental mitigation relative to contamination from any number of sources was APPROVED by a vote of 3-1-1, Parsons abstained and Malloy opposed. 5. ADDRESS AUTHORIZATION TO REMAIN WITH THE NEVADA LEAGUE OF CITIES FOR EMPLOYEE HEALTH INSURANCE PURPOSES AND CHANGE PROVIDERS FROM THE INSURANCE OFFERED BY HOMETOWN HEALTH TO THE INSURANCE PROGRAM THE ST. MARY’S WILL BE ABLE TO PROVIDE FOR FERNLEY EMPLOYEES. A motion to provide support for the League of Cities provider St. Mary’s program as identified in the presentation was APPROVED by a vote of 5-0-0. 6. ADDRESS ACCEPTANCE OF RENEWAL PROPOSAL FROM NEVADA PUBLIC AGENCY INSURANCE POOL (POOL) AND APPROVAL FOR PAYMENT FROM FISCAL YEAR 2009-2010 FUNDS. A motion to approve POOl/PACT insurance as presented in the item #6 including basic insurance and worker’s compensation insurance as well was APPROVED by a vote of 5-0-0 7. 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. A motion to approve the agreement between the City of Fernley and Pyramid Lake Paiute Tribe regarding water exchange, which would be contingent on federal approval, was APPROVED by a vote of 5-0-0. 8. 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. A motion to approve settlement agreement between Fernley and United States that would dismiss federal appeals and protests to certain Fernley water rights and set forth procedures for Fernley to gain access to the Truckee Canal, and to authorize the Mayor and City Clerk to execute said agreement was APPROVED by a vote of 5-0-0 9. ADDRESS REQUEST BY CJ GUELDNER TO WAIVE THE TEMPORARY USE PERMIT FEES FOR THE FERNLEY FARMERS MARKET AND OTHER EVENTS. A motion to allow Fernley Farmer’s market to operate without a temporary use permit as presented in the item #9 FAILED for the lack of second. ---PAGE BREAK--- 09-06-03 FCC Abstract Page 4 of 5 10. 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. 11. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 11.A. ADDRESS REPORTS BY CITY COUNCIL 11.B. ADDRESS REPORTS BY CITY STAFF 11.B.1. ADDRESS REPORT BY CITY MANAGER 11.C. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. 11.D. ADDRESS REPORT BY NORTH LYON COUNTY FIRE PROTECTION DISTRICT 11.E. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. 11.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. 11.G. ADDRESS LEGISLATIVE UPDATE. 11.H. ADDRESS REPORT BY MAYOR. NO action was taken on this item. 12. PUBLIC HEARING: 12.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. A motion to propose 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 right was APPROVED by a vote 5- 0-0. 12.B. ADDRESS APPROVAL AND SUBMISSION OF ROADWAY FUNCTIONAL CLASSIFICATION EXHIBIT TO NEVADA DEPARTMENT OF ---PAGE BREAK--- 09-06-03 FCC Abstract Page 5 of 5 TRANSPORTATION FOR PURPOSE OF PURSUING AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING. A motion to accept the information in tonight’s agenda item 12.B. with Functional Road Classifications as identified on the map and authorize the Mayor to execute the document that transmits that to NDOT was APPROVED by a vote of 5-0-0. 12.C. ADDRESS APPROVAL OF BUSINESS IMPACT STATEMENT AS IT RELATES TO AMENDMENT OF BUSINESS LICENSE FEES. A motion to approve and accept the City Clerk’s Department Business impact Statement as it relates to the amendment of business license fees, Attachment was APPROVED by a vote of 5-0-0. 12.D. ADDRESS APPROVAL OF RESOLUTION REPLACING RESOLUTION 007 MODIFYING BUSINESS LICENSE FEE SCHEDULE. A motion to adopt resolution revising the fee schedule for Business Licenses, as shown in Exhibit and to add structure break from 4 to 24 employees and 25 to 49 employees, and cutting the 4 to 24 bracket raised by 50% and this fee schedule taking effect January 1, 2010 and authorize the Mayor and City Clerk to execute resolution was APPROVED by a vote of 5-0-0. {AFTER PUBLIC HEARINGS, THE COUNCIL MAY RETURN TO ITEMS NOT ADDRESSED BEFORE 6:00PM} 13. ADDRESS PROFESSIONAL SERVICES AGREEMENT WITH GREG EVANGELATOS FOR THE CITY MANAGER POSITION. A motion to approve professional services agreement for Greg Evangelatos for the City manager position as contained in the agenda report with the addition of savings clause to the agreement and be contingent upon Attorney Generals opinion on item 4.D. (performance incentive) and the results of that opinion would determine whether it (this provision) stays in the agreement and the performance incentive description would only be in effect on the date the opinion is received was APPROVED by a vote of 4-1-0, Malloy opposed. 14. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included the following: Direct Staff to apply for EPB 198 grant for Water Treatment Plant. Address modification of animal at large ordinance regarding dogs. Mr. Turnier announced that animals at large and right to farm would be presented on June 17th meeting. A motion to go back to item 3.D. was approved by a vote of 5-0-0. 15. ADJOURNMENT. The meeting was ADJOURNED at 8.57 p.m. by a vote of 5-0-0.