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SUMMARY OF ACTION TAKEN FCC Meeting Date: Wednesday, July 15, 2009 1. ROLL CALL. There were no absences. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. City Manager Greg Evangelatos asked to remove item 3.G. from the agenda and to continue item 7. 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 - 6/17/2009 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. C&C CARPETS – FINISHING FLOORS CONTRACTOR 67275, C-16 – RENO, NV. 3.C.2. HUTSELL SPORTS – SPORTS EQUIPMENT INTERNET SALES – FERNLEY, NV. 3.C.3. JENNIFER LOWREY – SPECIAL EVENT VENDOR – FERNLEY, NV. 3.C.4. RAFAEL CONSTRUCTION – GENERAL ENGINEERING CONTRACTOR 51491, A & GENERAL BUILDING CONTRACTOR 31955, B – LAS VEGAS, NV, 3.C.5. PAVERS PLUS – MASONRY CONTRACTOR 54927, C-18, CONCRETE CONTRACTOR 54928, C-5, GENERAL ENGINEERING CONTRACTOR 62163, A & STEEL REINFORCING & ERECTING CONTRACTOR 71515, C-14 – RENO, NV. 3.C.6. SIGN CRAFTERS – ERECTING SIGNS CONTRACTOR 73317, C-6 – SPARKS. NV. 3.C.7. SILVERWAVE LAWN CARE LLC – LAWN CARE – WADSWORTH, NV. 3.C.8. VAQUERO MOBILE CAR WASH & DETAIL – CAR WASHING SERVICES – FERNLEY, NV. ---PAGE BREAK--- 09-07-15 FCC Summary Page 2 of 6 3.D. ADDRESS APPROVAL OF CHANGE ORDER #4 FOR THE WATER CONVEYANCE INFRASTRUCTURE PROJECT 2B REDUCING CONTRACT RETENTION TO FIVE PERCENT AS A RESULT OF THE CONTRACTOR’S REQUEST 3.E. ADDRESS APPROVAL OF CHANGE ORDER #5 FOR THE WATER CONVEYANCE PROJECT 3A – STOCK LANE AND SAGE STREET IN THE AMOUNT OF $27,010.00 AS A RESULT OF OWNER REQUESTED CHANGE IN SCOPE 3.F. ADDRESS APPROVAL OF CHANGE ORDER #2 FOR THE WATER CONVEYANCE INFRASTRUCTURE PROJECT 4 IN THE AMOUNT OF $15,530.75 AS A RESULT OF AN OWNER REQUESTED CHANGE IN SCOPE 3.G. ADDRESS 2009/2010 SLURRY SEAL AND PATCH PROGRAM, INCLUDING: 3.G.1. AWARD OF CONSTRUCTION CONTRACT TO INTERMOUNTAIN SLURRY SEAL, INC 3.G.2. AWARD OF MATERIALS TESTING CONTRACT TO TERRACON {End of Consent Agenda} A motion to accept consent agenda minus item 3.G. (removed) and 3.A (for discussion) was APPROVED by a vote of 5-0-0. A motion to accept item 3.A. was approved by a vote of 5-0-0. 4. ADDRESS MAYOR’S APPOINTMENTS TO FILL VACANCIES IN THE ARTS & CULTURE COMMISSION. A motion to consent to Mayor’s appointment was APPROVED by a vote of 5-0- 0. 5. ADDRESS DISCUSSION AND POSSIBLE ACTION OF THE CITY OF FERNLEY ARTS & CULTURE COMMISSION REQUEST FOR MATCHING GRANT FUNDS FOR THE STATE OF NEVADA ARTS & CULTURE JACKPOT GRANT APPLICATION WHICH INCLUDES DEVELOPMENT AND PRODUCTION OF THE CITY COUNCIL APPROVED CITY FLAG. A motion to approve the matching grant fund for the City of Fernley Arts and Culture commission’s application to the State of Nevada Arts and Culture Jackpot Grant not to exceed $1,000 was approved by a vote of 5-0-0. 6. ADDRESS ESTABLISHMENT OF AN APPEAL PROCESS FOR DEPARTMENT DIRECTORS WHICH REQUIRES MODIFICATION OF FERNLEY MUNICIPAL CODE 1.05.05, ENTITLED “COUNCIL NOT TO INTERFERE WITH ---PAGE BREAK--- 09-07-15 FCC Summary Page 3 of 6 APPOINTMENTS OR REMOVALS,” INCLUDING AN EXPLANATION AS TO THE TIMELINESS OF BRINGING FORWARD THIS PROCESS. A motion to re-direct staff to bring back the wording similar to what other cities have done and also if Mr. Taggart would review NRS 268.405 to make sure that we are in compliance with state law and time certain date for two meetings from tonight was APPROVED by a vote of 5-0-0.. 7. CLOSED SESSION. ADDRESS CONSIDERATION OF CHARACTER, ALLEGED MISCONDUCT, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OR TO CONSIDER AN APPEAL REGARDING THE RESULTS OF AN EXAMINATION CONDUCTED BY OR ON BEHALF OF THE PUBLIC BODY AS IT RELATES TO MANAGEMENT PROCEDURES RELATIVE TO THE TERMINATION OF BILL CADWALLADER This item was REMOVED from agenda per City Manager Greg Evangelatos. 8. ADDRESS ADOPTION OF RESOLUTION PROVIDING FOR THE TRANSFER OF THE CITY’S 2009 PRIVATE ACTIVITY BOND CAP TO THE NEVADA RURAL HOUSING AUTHORITY; AND OTHER MATTERS RELATED THERETO A motion to approve the resolution providing for the transfer of the city’s 2009 private Activity bond Cap to the Nevada Rural Housing Authority, pursuant to Nevada Administrative Code Section 348A.180, for the purpose of providing a means of financing the cost of single family residential housing that will provide decent, safe and sanitary dwellings at affordable prices for persons of low and moderate income (“Home at Last Loan Program”) and authorize the Mayor and City Clerk to execute the resolution was APPROVED by a vote of 5- 0-0. 9. ADDRESS SOLICITING AND SECURING CONSULTING SERVICES FOR: A. FUEL TAX AND ROOM TAX ASSESSMENT AND B. FISCAL AND GOVERNANCE ASSESSMENT FOR NORTH LYON COUNTY FIRE PROTECTION DISTRICT AND SWIMMING POOL TAX DISTRICTS. A motion for direction from this Council to move forward with research in these programs first inwardly and with our staff and possibly community advisors., and bring something back to this Council to consider whether we should move forward with these things was APPROVED by a vote of 4-1-0, Martin opposed. 10. ADDRESS ADOPTION OF RESOLUTION APPROVING THE 2009 SEWER MASTER PLAN UPDATE. ---PAGE BREAK--- 09-07-15 FCC Summary Page 4 of 6 A motion to adopt the resolution adopting the City master plan update was APPROVED by a vote of 4-1-0, Malloy opposed. 11. ADDRESS BILLING PROCESS FOR THE CITY OF FERNLEY WATER AND SEWER UTILITY ACCOUNTS AS THEY RELATE TO THE FERNLEY MUNICIPAL CODE 9.03.30. A motion that the staff makes some effort try to duplicate the Tonopah’s process follows that they follow and see if we can come up with our own process here is Fernley was APPROVED by a vote of 5-0-0. 12. ADDRESS CITY MANAGER PROCEDURES TO ENSURE AGENDA ITEMS REQUESTED BY COUNCILMEMBERS ARE ADDRESSED IN A TIMELY MANNER (PER COUNCILMAN PARSONS’ REQUEST) No action was taken on this item. Staff was directed to bring/attach “requested agenda items” matrix with Council agenda packets. 13. PUBLIC INPUT. (6:00 Time Certain) 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. No action was taken on this item. It was informational item only. 14. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 14.A. ADDRESS REPORTS BY CITY STAFF. 14.B. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT AND NORTH LYON COUNTY FIRE PROTECTION DISTRICT. 14.C. ADDRESS ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. 14.D. ADDRESS REPORTS BY CITY COUNCIL. 14.E. ADDRESS REPORT BY MAYOR. No action was taken on items 14.A. through 14.E. It was informational item only. 15. PUBLIC HEARING: ---PAGE BREAK--- 09-07-15 FCC Summary Page 5 of 6 15.A. ADDRESS ADOPTION OF BILL #129 AS AN ORDINANCE MODIFYING TITLE 11 (PERSONNEL) BY THE ADDITION OF CHAPTER 3 OF THE FERNLEY MUNICIPAL CODE FOR THE PROTECTION OF CITY OFFICERS AND EMPLOYEES FROM REPRISAL OR RETALIATION FOR DISCLOSING IMPROPER GOVERNMENT ACTION, ESTABLISHING PROCEDURES FOR HEARING AN APPEAL FOR OFFICERS OR EMPLOYEES AFFECTED BY POTENTIAL OR ALLEGED REPRISAL OR RETALIATION, AND OTHER MATTERS PROPERLY RELATING THERETO. A motion to adopt Bill #129 as an ordinance modifying Title 11 (personnel) by the addition of Chapter 3 of the Fernley Municipal Code for the protection of City officers and employees from reprisal or retaliation for disclosing improper governmental action, establishing procedures for hearing an appeal for officers or employees affected by potential or alleged reprisal or retaliation, and other matters properly relating thereto and authorize the Mayor and City Clerk to execute the same was APPROVED by a vote of 5-0-0. 15.B. ADDRESS ADOPTION OF BILL # 126 AS AN ORDINANCE ENACTING ZONING MAP AMENDMENT APPLICATION ZMA 09-30 TO CHANGE THE ZONING OF SIX PARCELS: A 0.07-ACRE PARCEL FROM C-2 (GENERAL COMMERCIAL) TO PF (PUBLIC FACILITY); LOCATED AT 70 WEST STREET; APN 20-014-14: A 5.22-ACRE PARCEL FROM M-E (INDUSTRIAL ESTATES) TO PF (PUBLIC FACILITY); LOCATED AT 595 SILVER LACE BOULEVARD; APN 21-103-46: A 17-ACRE PARCEL FROM E-1 (FIRST ESTATES RESIDENTIAL) TO PF (PUBLIC FACILITY); LOCATED AT 1450 HWY 50A, APN 21-291-15: A 1.19-ACRE PARCEL FROM M-E (INDUSTRIAL ESTATES) TO PF (PUBLIC FACILITY); LOCATED AT 625 HWY 95A, APN 21-103-18: A 51-ACRE PARCEL FROM C-1 (LIMITED COMMERCIAL) AND RR-2 (RURAL RESIDENTIAL 2-ACRE MINIMUM PARCEL SIZE) TO PF (PUBLIC FACILITY); LOCATED AT 1450 HWY 50A, APN 21-272-06: AND A 4.09-ACRE PARCEL FROM NR-1 (NON-RURAL RESIDENTIAL 6,000-SQUARE-FOOT MINIMUM PARCEL SIZE) AND NR-2 (MULTIPLE RESIDENCE) TO PF (PUBLIC FACILITY); LOCATED AT 1450 HWY 50A, APN 20-034-01. A motion to adopt Bill 126 as an ordinance enacting Zoning Map Amendment ZMA 09-30, which meets the City Development Code, based on the discussion and findings provided in the staff report was APPROVED by a vote 3-1-1, Parsons abstained, Malloy opposed. A motion to continue to finish the agenda was APPROVED by a vote of 5-0-0. {AFTER PUBLIC HEARINGS, THE COUNCIL MAY RETURN TO ITEMS NOT ADDRESSED BEFORE 6:00PM} 16. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future agenda items included the following: ---PAGE BREAK--- 09-07-15 FCC Summary Page 6 of 6 Address the issue of City of Fernley collecting money for sending letters out on behalf of TrashPros. Re-address mechanical units on top of Water Treatment Plant and their screen issues. It was noted that this item will be re-addressed through an appeal process. Address dropping charges for Mr. Bone for his livestock grazing fee on City property. Address overview of City’s long term fiscal solvency, challenges and recommendations (not immediate). Address update on status of Bureau of Recreation (BOR) Park #1 and BOR Park #2 (not immediate). Address Parks Department’s use of contractors and to see a contract and an analysis of whether or not Ben is an employee or independent contractor. 17. ADJOURNMENT. The meeting was ADJOURNED at 9:38 by a vote of 5-0-0.