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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, April 1, 2009 1. ROLL CALL. Mayor Cutler noted that Councilman Eilrich will be late. Councilman Eilrich arrived at 5:40pm. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. Interim City Manager Greg Evangelatos asked to remove item 3.E. from the agenda and asked to hear item #8 when Councilman Eilrich arrives. This item was placed on the agenda by Councilman Eilrich request. Interim City Manager Greg Evangelatos stated that applicant requested continuation of the item 23.B. and it will be addressed on April 15, 2009. 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 – 03/04/2009 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. ALBERTO’S – RECYCLING ALUMINUM CANS – FERNLEY, NV. 3.C.2. CANYON CREEK CONSTRUCTION INC. - GENERAL ENGINEERING CONTRACTOR 29210, A – CARSON CITY, NV. 3.C.3. DOG TRAINING BY PJ – DOG TRAINING & BEHAVIOR – RENO, NV. 3.C.4. FAST EDDIE’S REPAIRS – HANDYMAN – FERNLEY, NV. 3.C.5. GOLD STAR INSULATION, LP – INSTALLING HEATERS CONTRACTOR 71693, C-39 – LAS VEGAS, NV. ---PAGE BREAK--- 09-04-01 FCC Summary of Action Page 2 of 7 3.C.6. MID ATLANTIC SPECIALTIES LLC DBA SIERRA NEVADA DELI PROVISIONS – WHOLESALE DISTRIBUTOR DELI MEATS – RENO, NV. 3.C.7. OCEAN WEST NEVADA CORP – RESIDENTIAL & SMALL COMMERCIAL CONTRACTOR 55974, B-2 – SCOTTSDALE, AZ. 3.C.8. PINNACLE DRYWALL & STUCCO INC. – LATHING & PLASTERING CONTRACTOR 36553, C-17 – SPARKS, NV. 3.C.9. RENEE HUSTED – CHILD CARE – 4 CHILDREN ONLY – FERLEY, NV. 3.C.10. SCRAPPY RACING – RACE CAR ADVERTISING – FERNLEY, NV. 3.C.11. THE INQUISITION POETRY.COM – HOME INTERNET PUBLISHING – FERNLEY, NV. 3.C.12. WALL TECH INC. DBA FLOOR TECH – CONCRETE CONTRACTOR 53443, C-5 – SPARKS, NV. 3.D. ADDRESS REQUEST BY FERNLEY 4TH OF JULY COMMITTEE FOR WAIVER OF LIQUOR LICENSE FEE FOR JULY 4TH CELEBRATION TO BE HELD AT THE OUT OF TOWN PARK. 3.E. ADDRESS THE WILL-SERVE REQUEST FROM THE UNITED STATES POST OFFICE, TO BE LOCATED AT 315 HARDIE LANE, LYON COUNTY PARCEL NUMBER 20-102-01, FOR 1.14 WATER ERC’S AND 2.17 SEWER ERC’S. 3.F. ADDRESS AWARD OF WEST LIFT STATION UPGRADE PROJECT, INCLUDING AWARD OF CONSTRUCTION CONTRACT TO RHP MECHANICAL SYSTEMS. 3.G. ADDRESS AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN NDOT AND THE CITY OF FERNLEY TO REHABILITATE PORTIONS OF THE FERNLEY-LASSEN RAILWAY DEPOT TO ORIGINAL 1914 APPEARANCE. 3.H. ADDRESS APPROVAL OF CHANGE ORDER #1 FOR THE WATER CONVEYANCE INFRASTRUCTURE PROJECT 2B IN THE AMOUNT OF $1,275.00. 3.I. ADDRESS PROPERTY ACQUISITION FOR WATER CONVEYANCE PROJECT 2B FROM LOVE’S TRAVEL STOPS & COUNTRY STORES, INC. ---PAGE BREAK--- 09-04-01 FCC Summary of Action Page 3 of 7 3.J. ADDRESS AWARD OF CONTRACTS FOR WATER CONVEYANCE PROJECT 3C: MESA DRIVE AND MAIN STREET INTERSECTION RECONFIGURATION, INCLUDING: 3.J.1. AWARD OF CONSTRUCTION CONTRACT TO NORTHERN NEVADA EXCAVATING, INC. 3.J.2. AWARD OF MATERIALS TESTING CONTRACT TO TERRACON {End of Consent Agenda} A motion to approve consent agenda minus requested item 3.E. and move item 23.B. to April 15, 2009 Council meeting was APPROVED by a vote of 4-0-1, Eilrich absent. 4. ADDRESS DISCUSSION AND APPROVAL OF THE 2009-2012 CITY OF FERNLEY STRATEGIC PLAN. REVIEW LONG-TERM STRATEGIC PRIORITIES AND 2009-2010 CITY-WIDE GOALS. A motion to approve city-wide goals and strategic plan as presented was APPROVED by a vote of 4-0-1, Eilrich absent. 5. ADDRESS UPDATES AND REVISIONS TO CITY OF FERNLEY TRAVEL POLICY. Chaffin made a motion to put some of the discussed comments into the proposal and bring it back to the Council with modifications including request for reimbursement for mileage being within time frame (for Councilmember quarterly, 10 days for reimbursement after the trip), car pool restriction, central clearing house for travel arrangements and glossary or travel handbook defining reimbursements, inflation rate, and others was APPROVED by a vote of 4-0-1, Eilrich absent 6. ADDRESS APPROVAL OF LETTER IN RESPONSE TO DEPARTMENT OF TAXATION RE: ANNUAL AUDIT REPORT – FISCAL YEAR 2007 – 2008 WHICH CITED A VIOLATION OF NRS354.626 WHERE EXPENDITURES EXCEEDED APPROPRIATIONS FOR A GIVEN FUND. A motion to approve Letter in response to State of Nevada Department of Taxation request for action take to prevent recurrence of violation of law or regulation and to correct each violation was APPROVED by a vote of 2-2-1, Malloy and Parsons opposed, Eilrich absent. Mayor Cutler broke the tie by voting in favor of the motion. 7. ADDRESS DISCUSSION OF ISSUES RELATING TO THE SOLID WASTE MANAGEMENT AND COLLECTION FRANCHISES INCLUDING THE EXEMPTION PROCESS. No action was taken on this item. It was informational item only. ---PAGE BREAK--- 09-04-01 FCC Summary of Action Page 4 of 7 8. ADDRESS DISCUSSION OF DESERT ROSE STREET ISSUES. A motion to act on alternate #C as stated in the report by Public Works Department for acquiring this property for the City of Fernley FAILED by the lack of second. Interim City Manager Greg Evangelatos noted that Staff will work on this issue and draft a resolution within 30 days on how to address this issue best. This agenda item will be addressed at the first meeting in May 2009. 9. ADDRESS REVIEW OF THE CITY'S LIVESTOCK AT LARGE ORDINANCE #2008- 008 (PER COUNCILMAN PARSONS’ REQUEST.) A motion to start the process of adjusting the current City Livestock at Large Ordinance to apply to parcels of less density than RR-3 or RR-4 was APPROVED by a vote of 5-0-0. The Ordinance will be presented to the council first meeting in June. A motion to address 9,15,16,19, 20, 24 and 25 agenda item tonight and move the rest of the items to the future Council meeting agendas was APPROVED by a vote of 5-0-0. 10. ADDRESS BRINGING CITY ORDINANCES IN COMPLIANCE WITH NEVADA REVISED STATUTES, SPECIFICALLY ORDINANCES 1 THROUGH 5 (PER COUNCILMEMBER MALLOY’S REQUEST). This item was moved to April 15, 2009 agenda. 11. ADDRESS REVISIONS OF ACCOUNTING AND CONTROL PROCEDURES THAT NEED TO BE MADE IN ORDER TO COME INTO COMPLIANCE WITH THE AUDIT AND TO PROPERLY SAFEGUARD THE CITY ASSETS (PER COUNCILMEMBER MALLOY’S REQUEST). This item was moved to April 15, 2009 agenda. 12. ADDRESS UPDATE TO THE CITY OF FERNLEY DEVELOPMENT CODE AND COMPREHENSIVE PLAN SCHEDULE. This item was moved to April 15, 2009 agenda. 13. ADDRESS REVIEW OF ANIMAL CONTROL ISSUES, PARTICULARLY THOSE RELATED TO FERAL CATS (PER COUNCILMEMBER MALLOY’S REQUEST). This item was moved to April 15, 2009 agenda. 14. ADDRESS EXPECTATIONS OF THE CITY MANAGER AND CITY TREASURER PRIOR TO HIRING DATE (PER COUNCILMEMBER MALLOY’S REQUEST). This item was moved to April 15, 2009 agenda. ---PAGE BREAK--- 09-04-01 FCC Summary of Action Page 5 of 7 15. ADDRESS APPROVAL OF A RESOLUTION MODIFYING AND REPLACING RESOLUTION 07-001 ESTABLISHING THE CITY OF FERNLEY AUDIT COMMITTEE BY REMOVING THE CITY ATTORNEY AS A VOTING MEMBER OF THE AUDIT COMMITTEE AND REPLACING THE POSITION WITH AN ADDITIONAL AT-LARGE MEMBER, AND OTHER MATTERS PROPERLY RELATING THERETO. A motion to approve Resolution 09-007, modifying and replacing Resolution 07-001 establishing the City of Fernley Audit Committee by removing the City Attorney as a voting member of the Audit Committee and replacing the position with an additional at-large member and authorize the Mayor and City Clerk to execute the same was APPROVED by a vote of 5-0-0. 16. ADDRESS SCHEDULING BUDGET WORKSHOPS. A motion to have 4 Special Budget meetings - three of them on April 21st, April 28th, and May 12th from 6pm to 9pm and the regular meeting that would normally be held on May 20th be moved to May 19th to comply with state budget laws and make it the regular meeting starting at 4pm was APPROVED by a vote of 5-0-0. 17. ADDRESS ROAD IMPROVEMENT POLICY FOR CAPITAL PROJECTS INCLUDING STOCK LANE. This item was moved to April 15, 2009 agenda. 18. ADDRESS LETTER OF SUPPORT AND DISCUSS POSSIBLE CONTRIBUTION AND MATCH FOR THE NEVADA MICROENTERPRISE INITIATIVE APPLICATION FOR THE USDA RURAL BUSINESS ENTERPRISE GRANT TITLED “STARTING AND GROWING MICROBUSINESS IN LYON COUNTY.” A motion to provide a letter of support of the grant, and any other in kind support that the City can provide needs to be presented to the Council for approval at a later date was APPROVED by a vote of 5-0-0. 19. ADDRESS DISCUSSION OF FINAL PROCESS OF HIRING CITY MANAGER, DATES OF INTERVIEWS, COST OF TRAVEL, ETC. FOR CITY MANAGER APPLICANTS. A motion to plan the meeting at 6pm on March 30th for interviewing and meeting people that are coming for possible hiring as the City Manager was APPROVED by a vote of 5-0-0. A motion to pay up to $1,200 per City Manager’s candidate to reimburse costs was APPROVED by a vote of 4-1-0, Martin opposed. 20. ADDRESS APPOINTMENT OF KAFOURY & CO. AS INDEPENDENT ACCOUNTANTS FOR THE AUDIT OF THE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 2009. ---PAGE BREAK--- 09-04-01 FCC Summary of Action Page 6 of 7 A motion to appoint and independent accounting firm for audit of the financial statements for the fiscal year ending June 30, 2009 under the terms described in the quotes provided by the audit firm Kafoury Co. was APPROVED by a vote of 3-2-0, Parsons and Malloy opposed. 21. 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. It was informational item. 22. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 22.A. ADDRESS REPORTS BY CITY COUNCIL 22.B. ADDRESS REPORTS BY CITY STAFF 22.B.1. ADDRESS REPORT BY CITY MANAGER 22.C. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. 22.D. ADDRESS REPORT BY NORTH LYON COUNTY FIRE PROTECTION DISTRICT 22.E. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. 22.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. 22.G. ADDRESS LEGISLATIVE UPDATE. 22.H. ADDRESS REPORT BY MAYOR. NO action was taken on this item. It was informational item. 23. PUBLIC HEARING: (6:30 p.m. Time Certain) 23.A. ADDRESS MASTER PLAN AMENDMENT APPLICATION MPA 09-21 FOR 775 HARDIE LANE TO CHANGE THE EXISTING LAND CLASSIFICATION OF A 9.47-ACRE PARCEL FROM RESIDENTIAL MEDIUM DENSITY TO ---PAGE BREAK--- 09-04-01 FCC Summary of Action Page 7 of 7 MULTI-FAMILY RESIDENTIAL; OWNER LEHMAN, W. WENDAL, ET. AL. TRUST; LOCATED AT 775 HARDIE LANE; APN 21-121-13. A motion to approve Master Plan Amendment MPA 09-21, which meets the City Development Code, based on the discussion and findings provided in the staff report and authorize the Mayor to sign a resolution in support of this request was APPROVED by a vote of 5-0-0. 23.B. ADDRESS ZONING MAP AMENDMENT APPLICATION ZMA 09-22 FOR 775 HARDIE LANE TO CHANGE THE ZONING OF A 9.47-ACRE PARCEL FROM RR-2 (RURAL RESIDENTIAL, 2-ACRE MINIMUM PARCELSIZE) TO NR-2 (NON RURAL RESIDENTIAL, MULTIPLE RESIDENCE 8,000 SQUARE FOOT); LOCATED AT 775 HARDIE LANE; APN 21-121-13. This item was removed from the agenda by the applicant’s request. This item will be addressed on April 15, 2009 Council meeting. 24. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included: Address consideration of submitting a letter to Lyon County Commissioners in support of the Sheriff that the City does not want see any Deputy Positions being cut. 25. ADJOURNMENT. The meeting was ADJOURNED at 10:57 p.m. by a vote of 5-0-0.