Full Text
LeRoy Goodman, Mayor Kelly Malloy, Ward 1 Don Parsons, Ward 2 Robert Chase, 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 FCC Meeting: WEDNESDAY, August 4, 2010 ITEMS MAY BE REMOVED OR ADDRESSED OUT OF SEQUENCE. ACTION MAY BE TAKEN ON ALL ITEMS EXCEPT WHERE NOTED. Time Certain: Time certain designates a definite time for the start time of that item. The time certain item may NOT begin earlier than the designated time certain. It may begin later than the designated time, but not earlier. 4:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE Mayor’s statement: “To avoid meeting disruptions, please place cell phones and beepers in the silent mode or turn them off during the meeting. All meetings are recorded. When addressing the Council please speak clearly into the microphone. Thank you for your understanding.” 1. ROLL CALL. Present: Mayor LeRoy Goodman, Councilwoman Kelly Malloy, Councilman Don Parsons, Councilman Robert Chase, Councilman Cal Eilrich. Also present were City Manager Greg Evangelatos, City Clerk Lena Shumway, City Engineer Shari Whalen, City Treasurer Mel Drown, Community Development Director Fred Turnier, City Attorney Brandi Jensen and Special City Attorney Paul Taggart. Councilman Chaffin was absent. 2. APPROVAL OF THE AGENDA. There were no changes to the agenda. Motion: To approve agenda. Moved by Councilman Cal Eilrich, Seconded by Councilwoman Kelly Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 3. CONSENT AGENDA: (PLEASE NOTE: All matters listed under the consent agenda are considered routine, and may be 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.) ---PAGE BREAK--- 08/04/2010 FCC Page 2 of 7 3.A. ACCEPT VOUCHERS REPORT. 3.B. APPROVAL OF MINUTES – 06/16/2010 {End of Consent Agenda} Motion: To approve consent agenda. Action: Approve. Moved by Councilman Cal Eilrich, Seconded by Councilwoman Kelly Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 4. EMPLOYEE RECOGNITION FOR RECENT RELATED EMPLOYMENT ACHIEVEMENTS. No action was made on this item. It was informational only. 5. LISA FARMER, FERNLEY CITY EMPLOYEE, FILED A COMPLAINT JANUARY 21ST, 2010. MS. FARMER SEEKS TO DISCUSS JOB POSITION RECLASSIFICATIONS AND RELATED SALARY ADJUSTMENTS THAT OCCURRED FROM JUNE 2009 TO JANUARY 2010, SPECIFICALLY TECHNICAL SPECIALIST (CITY CLERK’S OFFICE), TECHNICAL SPECIALIST, ADMINISTRATIVE SERVICES MANAGER, AND GRANTS ADMNISTRATOR (CITY MANAGER’S OFFICE). THE EMPLOYEE HAS TITLED THIS MATTER A GRIEVANCE, HOWEVER, UNDER CITY OF FERNLEY PERSONNEL POLICY, THIS MATTER DOES NOT FALL UNDER THE DEFINITION OF GRIEVANCE. THIS MATTER MAY INCLUDE A DISCUSSION REGARDING ALLEGATIONS BY MS. FARMER OF INEQUITABLE INTERPRETATION OF THE PERSONNEL POLICY REGARDING POSITIONS CREATED SUBSEQUENT TO THE CITY CLERK’S TECHNICAL SPECIALIST II POSITION, AND THEIR CORRESPONDING SALARY ADJUSTMENTS. THIS ITEM IS NOT INTENDED TO INVOLVE DISCUSSION OF MS. FAMER’S CHARACTER, ALLEGED MISCONDUCT, OR HEALTH. THIS ITEM IS ON THE AGENDA ONLY AT THE REQUEST OF MS. FARMER AND PURSUANT TO A WRITTEN COMPLAINT. Motion: To direct City Manager to meet with Lisa Farmer time certain within two weeks so they can come to the acceptable agreement of what the right thing to do and for City Manager to bring suggestions on how the Personnel Manual can be cleaned up and the situation does not occur again. Action: Approve. Moved by Councilwoman Malloy. Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. ---PAGE BREAK--- 08/04/2010 FCC Page 3 of 7 6. DISCUSSION AND POSSIBLE ACTION REGARDING THE REORGANIZATION OF THE CITY ENGINEER’S DEPARTMENT (FORMERLY PUBLIC WORKS) INCLUDING BUT NOT LIMITED TO THE POSITIONS AND PAY RANGE APPROVAL FOR THE WATER TREATMENT FACILITY DIVISION, WASTEWATER DIVISION, WATER DISTRIBUTION DIVISION AND GENERAL SERVICES DIVISION; AND MODIFICATION TO THE POSITION CONTROL CHART AND SALARY RANGE CHART, AND OTHER MATTERS PROPERLY RELATED THERETO. Motion: To approve the reorganization of the City Engineer’s Department, the positions and pay range approval for the Water Treatment Facility Division, Wastewater Division, and Water Distribution Division and modification to the Position Control Chart and Salary Range Chart for those departments mentioned in the motion. Action: Approve. Moved by Councilwoman Malloy. Seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 7. DISCUSSION AND POSSIBLE ACTION TO ADOPT BILL #156 AS AN ORDINANCE AMENDING TITLE 1 (ADMINISTRATION) BY THE MODIFICATION OF CHAPTER 11 OF THE FERNLEY MUNICIPAL CODE, BY THE MODIFICATION OF 1.11.05(B)(1) (CITY COUNCIL MEETING START TIME), AND OTHER MATTERS PROPERLY RELATING THERETO. Motion: To adopt Bill #156 as an ordinance amending Title 1 (Administration) by the modification of Chapter 11 of the Fernley Municipal Code, by the modification of 1.11.05 (City Council meeting start time), and other matters properly relating thereto. Moved by Councilwoman Malloy. Seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 8. DISCUSSION AND POSSIBLE APPROVAL OF MAYOR’S APPOINTMENT TO FILL VACANCY IN PLANNING COMMISSION. Motion: To approve Mayor’s appoint of Charles Shaw to the Fernley Planning Commission to fill vacancy created and appointment to expire October 1, 2012., Action: Approve, Moved by Councilwoman Kelly Malloy, Seconded by Councilman Don Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. ---PAGE BREAK--- 08/04/2010 FCC Page 4 of 7 9. DISCUSSION AND POSSIBLE APPROVAL OF BUSINESS IMPACT STATEMENT AS IT RELATES TO AMENDMENT OF TRANSIENT LODGING TAX RATE. Motion: To accept the City Clerk’s Department Business Impact Statement as it relates to the amendment of transient lodging tax rate and indicated in Attachment A. Moved by Councilman Eilrich. Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 10. DISCUSSION AND POSSIBLE ACTION ON THE PROPOSAL OF BILL #157, AN ORDINANCE MODIFYING TITLE 4 (REVENUE AND TAXATION), CHAPTER 2 OF THE FERNLEY MUNICIPAL CODE, BY INCREASING THE ASSESSMENT OF THE TRANSIENT LODGING TAX FROM SIX PERCENT TO A PERCENTAGE TO BE DETERMINED BY THE CITY COUNCIL, NOT TO EXCEED ELEVEN PERCENT AS WELL AS MODIFICATION TO THE LANGUAGE OF FERNLEY MUNICIPAL CODE 4.02 TO ALIGN WITH THE CITY OF FERNLEY BUSINESS LICENSE REGULATIONS, AND OTHER MATTERS PROPERLY RELATING THERERTO. Councilman Eilrich moved to propose Bill #157 as an Ordinance modifying Title 4 (Revenue and Taxation), Chapter 2 of the Fernley Municipal Code for assessment of transient lodging tax, the collection and distribution thereof, and other matter properly relating thereto and increase Transient Lodging Tax to 11. DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL #155, AN ORDINANCE FOR A ZONING MAP AMENDMENT, ZMA 10-45, TO CHANGE THE ZONING FROM E-2/PD (SECOND ESTATES RESIDENTIAL, ½-ACRE MINIMUM LOT SIZE) TO RR ½ (RURAL RESIDENTIAL, ½-ACRE MINIMUM LOT SIZE) FOR 20.48 ACRES LOCATED AT CLOVER LANE, A QUARTER OF A MILE NORTH OF FARM DISTRICT ROAD. (APN’S: 21-331-19; 21-331-20; 21-331-22; 21-331-28; 21-331-29; AND 21-331-37); AND OTHER MATTERS PROPERLY RELATED THERETO. Councilman Eilrich disclosed that he has a conflict and left the Council Chambers. Motion: To adopt Bill #155 as an Ordinance which will enact Zoning Map Amendment ZMA 10-45. Vote: Motion carried by roll call vote (summary: Yes = Yes: Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. Abstained: Councilman Cal Eilrich PUBLIC HEARING ITEMS: 12. DISCUSSION AND POSSIBLE ACTION ON SUP 10-42, A REQUEST FOR A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF SUPPORT FACILITIES FOR A GEOTHERMAL POWER PLANT, INCLUDING WELLS, WELL PADS, GEOTHERMAL FLUID PIPELINES, A TRANSMISSION LINE AND ASSOCIATED ACCESS ROADS ---PAGE BREAK--- 08/04/2010 FCC Page 5 of 7 LOCATED IN THE VICINITY OF THE LYON-CHURCHILL COUNTY LINE NORTH OF HIGHWAY 50, INCLUDING PORTIONS OF APN’S: 21-201-18; 21-201-21; 21-201-22; 21-392-04; 21-392-05; 21-392-10; 21-392-14; 21-392-16. Motion: To approve as conditioned, SUP 10-42, Special Use Permit for support facilities for a geothermal power plant, based on the discussion and findings provided in the July 14, 2010 Staff Report. Moved by Councilman Parson and seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 13. DISCUSSION AND POSSIBLE ACTION ON SUP 10-49, A REQUEST FOR A SPECIAL USE PERMIT FOR THE EXPANSION OF AN EXISTING MANUFACTURING FACILITY, INCLUDING A PROPOSED COATINGS PLANT AND TANK FARM. THE PROPERTY IS ZONED M-1 (GENERAL INDUSTRIAL) AND IS LOCATED AT 150 LYON DR. (APN: 21-261-06). Motion: To approve, as conditioned, SUP 10-49, Special Use Permit for an expansion of an existing manufacturing facility, based on the discussion and findings provided in the July 14, 2010 Staff report. Moved by Councilman Eilrich, and seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 14. DISCUSSION AND POSSIBLE ACTION ON TSM 10-51, A REQUEST FOR A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 11 PARCELS INTO 35 ZERO-LOT LINE PARCELS. THE SITE IS ALREADY DEVELOPED CONSISTING OF 11 BUILDINGS WITH A TOTAL OF 35 UNITS. THE PURPOSE OF THIS SUBDIVISION IS FOR THE CREATION OF INDIVIDUAL TOWNHOME LOTS. THE SITE IS CURRENTLY ZONED NR-2 AND MASTER PLANNED FOR MULTIPLE FAMILY RESIDENTIAL AND IS LOCATED IN THE VICINITY NORTH OF WESTERLUND LN AND EAST OF SILVER LACE BLVD. (APN’S: 22-561-01 THROUGH 22-561-05 AND 22-562-01 THROUGH 22- 562-08). Motion: To approve, as conditioned,, TSM 10-51, Tentative Subdivision Map of a re-plat for Fernley Village, Phase One, based on the discussion and finding provided in the July 14, 2010 Staff report. And with changed suggested by Mr.Turnier. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Cal Eilrich, Councilman Don Parsons, Councilman Robert Chase, Councilwoman Kelly Malloy. Absent: Councilman Curt Chaffin. 15. DISCUSSION AND POSSIBLE ACTION ON MPA 10-36, A REQUEST FOR A MASTER PLAN AMENDMENT FROM RESIDENTIAL MEDIUM DENSITY TO COMMERCIAL FOR A 0.06 ACRE PARCEL LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02). ---PAGE BREAK--- 08/04/2010 FCC Page 6 of 7 Items 15 through 18 were presented in one presentation. There were no motion, and Mayor Goodman noted that this would uphold the decision of the Planning Commission. 16. DISCUSSION AND POSSIBLE ACTION ON ZMA 10-37, A REQUEST FOR A ZONING MAP AMENDMENT FROM RR-1/T (RURAL RESIDENTIAL, ONE-ACRE MINIMUM AND MOBILE HOME OVERLAY) TO C-2 (GENERAL COMMERCIAL) FOR A 0.06 ACRE PARCEL LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02). There were no motion, and Mayor Goodman noted that this would uphold the decision of the Planning Commission. 17. DISCUSSION AND POSSIBLE ACTION ON SUP 10-38, A REQUEST FOR A SPECIAL USE PERMIT FOR A BILLBOARD LOCATED ON A PARCEL ADJOINING INTERSTATE 80 RIGHT-OF-WAY THAT IS ZONED RR-1/T (RURAL RESIDENTIAL, ONE-ACRE MINIMUM AND MOBILE HOME OVERLAY) AND MASTER PLANNED RESIDENTIAL MEDIUM DENSITY. THE PARCEL IS LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02). There were no motion, and Mayor Goodman noted that this would uphold the decision of the Planning Commission. 18. DISCUSSION AND POSSIBLE ACTION ON VAR 10-41, A REQUEST FOR A VARIANCE FOR A PARCEL SIZE THAT DOES NOT MEET MINIMUM LOT SIZE IN THE C-2 (GENERAL COMMERCIAL) ZONING. THE DEVIATION IS A LOT SIZE OF 2,613.60 SQUARE FEET, WHEN 5,000.00 SQUARE FEET IS REQUIRED. THE PARCEL IS LOCATED SOUTH OF I-80, A QUARTER OF A MILE WEST OF MISSION WAY (APN: 21-082-02). There were no motion, and Mayor Goodman noted that this would uphold the decision of the Planning Commission. 19. PUBLIC INPUT. 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 made on this item. It was informational only. 20. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. 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 made on this item. It was informational only. ---PAGE BREAK--- 08/04/2010 FCC Page 7 of 7 21. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included: Looking into possibility of using the canal water for the Out of Town Park irrigation Cooperation between Fire District and the City of Fernley on weed abatement Traveling Wall 22. ADJOURNMENT. Meeting adjourned at 6:35pm.