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Todd Cutler, Mayor Elayne Logue, Ward 1 Joe Mortensen, Ward 2 Monte Martin, Ward 3 Curt Chaffin, Ward 4 Calvin 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, December 17, 2008 1. ROLL CALL. There were NO absences. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. City Manager Gary Bacock asked to remove items 6 and 22A. Item 6 was removed because a Staff report was not prepared. Item 22A would be addressed at the special meeting scheduled for Monday, December 22, 2008 at 6:00p.m. 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 –11/19/2008 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. 2 BROTHERS COMMUNICATION LLC – AUTHORIZED VERIZON WIRELESS RETAIL AGENT – FERNLEY, NV. 3.C.2. GREAT BASIN PROPERTY MAINTENANCE – HANDYMAN – FERNLEY, NV. 3.C.3. OLD SCHOOL PAINTING, INC. – PAINTING CONTRACTOR 67871A, C-4A – DAYTON, NV. 3.C.4. TRASHPROS, LLC – DISPOSAL SERVICE – FERNLEY, NV. 3.D. ADDRESS CHANGE ORDER #11 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $1,396.00. 3.E. ADDRESS ADOPTION OF RESOLUTIONS FOR THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR: ---PAGE BREAK--- 12/17/2008 FCC ACTION SUMMARY Page 2 of 6 3.E.1. ZOO'N AROUND CHILDREN'S LEARNING CENTER, 380 CRIMSON LANE, APN 21- 171-42 3.E.2. FINANCIAL WAY, FERNLEY BUSINESS PLAZA, EAST OF CHISHOLM TRAIL AND S. OF EAST NEWLANDS DRIVE, CITY RIGHT OF WAY BETWEEN 21-272-20 AND 21-232.21. 3.F. ADDRESS AWARD OF BIDS FOR IN - TOWN PARK IMPROVEMENTS 3.G. ADDRESS PROPERTY ACQUISITION FOR WATER CONVEYANCE PROJECTS FOR THE FOLLOWING PROPERTY: 3.G.1. BLUE BEACON ACQUISITION 3.G.2. JACKSON ACQUISITION 3.G.3. LOVE'S TRAVEL STOP ACQUISITION 3.H. ADDRESS AWARD OF NEVADA PACIFIC PARKWAY WATERLINE RELOCATION PROJECT, INCLUDING: 3.H.1. AWARD OF CONSTRUCTION CONTRACT TO GERHARDT & BERRY CONSTRUCTION, INC. 3.H.2. AWARD OF MATERIALS TESTING CONTRACT TO GEOCON CONSULTANTS, INC. {END OF CONSENT AGENDA} This item was APPROVED by a vote of 4-0-1 Eilrich abstained as he had business ties to item 3.E.2. 4. ADDRESS SWEARING IN OF 2009 YOUTH CITY COUNCIL. No action was taken on this item. Municipal Court Judge Daniel Bauer swore in Youth City Council members: Christie Bacock, Ronna Swanson, Alicia Orsley, Ken Bridwell, Tabitha Trillo, Chelsea Smith, and Paige Murphy. 5. ADDRESS APPOINTMENT BY MAYOR CUTLER OF ARTS & CULTURE COMMISSIONER TO FILL VACANCY. Mayor Cutler announced three applications were received for the vacancy. Aftern reviewing them, he asked the Council to affirm his appointment of Mrs. Ceresola. A motion to accept the Mayor’s appointment of Mrs. Ceresola as an Arts & Culture Commissioner was APPROVED by a vote of 5-0-0. ---PAGE BREAK--- 12/17/2008 FCC ACTION SUMMARY Page 3 of 6 6. ADDRESS REVIEW OF ALL THE APPOINTMENTS TO COMMITTEES AND COMMISSIONS INCLUDING DETERMINATION WHETHER COUNCIL MEMBER, STAFF MEMBER OR MEMBER OF THE PUBLIC CAN BE APPOINTED TO CERTAIN COMMITTEES. This item was REMOVED at the request of City Manager Gary Bacock. 7. ADDRESS CITY MANAGER TRANSITION ISSUES, INCLUDING A PROPOSED TRANSITION AGREEMENT, APPOINTMENT OF ACTING CITY MANAGER, AND RECRUITMENT PLANS FOR NEW CITY MANAGER. A motion to have the City Attorney draft a settlement agreement that allows Mr. Bacock the option to resign and receive a four month severance package of the same terms that would be awarded with a termination (with paid benefits) to be accepted on or before Friday, December 19th at 5:00p.m, furthermore part of the agreement will be that there shall be no litigation concerning anything to do with his employment in the future was APPROVED by a vote of 3-2-0 Councilmembers Logue and Martin opposed. A motion to put Mr. Bacock on immediate Administrative Leave and an acting City Manager be named was APPROVED by a vote of 3-2-0 Councilmembers Logue and Martin opposed. Mayor Cutler APPOINTED Community Development Director Fred Turnier as Acting City Manager until the City Council took action to appoint an Interim City Manager. 8. ADDRESS STRATEGIC PLAN COMMUNITY VISION AND UPDATE. NO action was taken on this item. Ms. Erika Olsen of M3Planning gave an update on the Visioning Workshop held on Monday, December 15th of which approximately 15 community members attended. 9. ADDRESS PURCHASE OF GRANICUS, INC. MEDIA MANAGER AND MINUTES MAKER SOLUTIONS FOR WEB CASTING COUNCIL MEETINGS, AND AUTOMATED SYSTEM PUBLISHING. After a presentation by Mr. Tom Duncan of Granicus, NO action was taken by the Council to go forward with the purchase of the automated system. There was CONSENSUS that the idea should be discussed again in the future, when the economy was in better standing. 10. ADDRESS AUTHORIZING THE EXECUTION OF THE WATER RIGHTS DEDICATION AGREEMENT FOR C& D DEVELOPMENT, (APN 21-092-23, 21-092- 46, 21-092-47, 21-092-54, 21-092-55), TCID SERIAL NUMBER #1012-3-C1012—1-B, 1012-1-B-A, 1012-1-B-1.) This item was APPROVED by a vote of 4-0-1 Councilman Eilrich abstained. ---PAGE BREAK--- 12/17/2008 FCC ACTION SUMMARY Page 4 of 6 11. ADDRESS LOGAN LANE SECONDARY ACCESS SURPLUS AGREEMENT WITH THE NEVADA DEPARTMENT OF TRANSPORTATION. A motion to approve the Logan Lane secondary access surplus agreement with the Nevada Department of Transportation was APPROVED by a vote of 5-0-0. 12. ADDRESS PRESENTATION AND ACCEPTANCE OF THE AUDITED FINANCIAL STATEMENTS. A motion to accept the Comprehensive Annual Financial Report, including the audited financial statements was APPROVED by a vote of 5-0-0. 13. ADDRESS APPROVAL OF SEWER LATERAL MAINTENANCE WORKER JOB CLASSIFICATION. A motion to approve the Sewer Lateral Maintenance Worker Job Classification at a range of 117 was APPROVED by a vote of 5-0-0. 14. ADDRESS REVIEW OF PUBLIC WORK STANDARDS AND PRACTICES THAT ARE BEING USED IN THE PIPE CONSTRUCTION AND ROAD REPLACEMENTS ON MESA DRIVE A motion to authorize Staff to proceed with Option 2 for Driveway Slopes including: a)Installation of up to 23 driveway extensions to match existing materials and b) authorize a change order to Water Conveyance Infrastructure Project 1A—Mesa Drive, not to exceed $29,555.00 with F&P Construction; and take no action, now, regarding Street Drainage other than to direct Staff to observe drainage patterns after completion of construction and return with a recommendation if necessary was APPROVED by a vote of 5-0-0. 15. ADDRESS AN UPDATE OF THE CITY OF FERNLEY DEVELOPMENT CODE PROCESS. NO action was taken on this item. 16. ADDRESS REORGANIZATION OF PARKS AND RECREATION DEPARTMENT INCLUDING THE RECLASSIFICATION OF THE VECTOR CONTROL SUPERVISOR TO PARKS SUPERINTENDENT. This item was CONTINUED to January 21, 2009 at the request of the Council in order for Parks and Recreation Director Keith Penner to provide more information. 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. NO action was taken on this item. ---PAGE BREAK--- 12/17/2008 FCC ACTION SUMMARY Page 5 of 6 18. REPORTS. 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 taken on this item. Mayor Cutler swore in Ms. Samantha Kuzemchak, to the Youth City Council, as she was not able to attend earlier in the meeting. 19. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. NO action was taken on this item. 20. ADDRESS PARTNERSHIP WITH TRUCKEE CARSON IRRIGATION DISTRICT (TCID) TO APPLY FOR CANAL IMPROVEMENT PROJECTS TO THE BUREAU OF RECLAMATION FOR $300,000 IN GRANT MONEY FOR AUTOMATION (REMOTE AND ON-SITE), SECURITY SYSTEMS, AND ADVANCED WARNING SYSTEMS FOR THE DERBY SPILL, GILPIN SPILL, FERNLEY CHECK, ANDERSON CHECK, AND ALLENDALE CHECK STRUCTURES. A motion to provide a letter of support and partnership with TCID was APPROVED by a vote of 5-0-0. 21. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. NO action was taken on this item. 22. PUBLIC HEARING: (6:30 p.m. Time Certain) 22.A. ADDRESS PROPOSAL OF BILL #118 AS AN ORDINANCE AMENDING THE CITY OF FERNLEY DEVELOPMENT CODE CHAPTER 43 (FLOODPLAIN MANAGEMENT) AND TO SET A PUBLIC HEARING. This item was REMOVED from the agenda and would be discussed at the Special Meeting scheduled for Monday, December 22, 2008. 22.B. ADDRESS PROPOSAL OF BILL #119 AS AN ORDINANCE AMENDING THE CITY OF FERNLEY DEVELOPMENT CODE CHAPTER 28, SECTION 28.070.100 ACCESSORY USES; HOME OCCUPATION: ITEM 4-a) & SECTION 28.070.040 INSTITUTIONAL AND PUBLIC USES; DAY CARE CENTER, LARGE: ITEM 1; DAY CARE CENTER, SMALL: ITEM 1. This item was APPROVED by a vote of 5-0-0. 22.C. ADDRESS PROPOSAL OF BILL #120 AS AN ORDINANCE ENACTING THE VOLUNTARY ANNEXATION OF WESTERN NEVADA RAIL PARK; LOCATED ON US HIGHWAY 50; APN 21-392-10 This item was APPROVED by a vote of 5-0-0. ---PAGE BREAK--- 12/17/2008 FCC ACTION SUMMARY Page 6 of 6 22.D. ADDRESS APPROVAL OF THE NON-EXCLUSIVE WASTE FRANCHISE AGREEMENT FORM FOR COMMERCIAL SERVICES. A motion to approve the Non-Exclusive Waste Franchise Agreement form for commercial waste services with the modifications discussed by the City Attorney was APPROVED by a vote of 5-0-0. 23. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future Agenda Items included: (Depending on results of City Manager Gary Bacock’s decision, if settlement offer is not accepted) Address Termination of the City Manager’s Employment Contract Address Appointment of Interim City Manager and Recruitment Strategy for a Replacement City Manager. 24. ADJOURNMENT. The meeting was ADJOURNED at 8:39 p.m. by a vote of 5-0-0.