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LeRoy Goodman, 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, September 23, 2009 1. ROLL CALL. Councilman Chaffin was absent. 2. APPROVAL OF THE AGENDA. No changes to the agenda. A motion to approve agenda was APPROVED by a vote of 4-0-0, Chaffin absent. 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. APPROVAL OF PAYMENT OF VOUCHERS 3.B. APPROVAL OF MINUTES – 07/22/09, 08/04/09, 08/05/09, 08/19/09, 08/21/09 3.C. APPROVAL OF BUSINESS LICENSES: 3.C.1. ADVANCED GREEN BUILDERS – RESIDENTIAL & SMALL COMMERCIAL CONTRACTOR 69549, B – RENO, NV. 3.C.2. BRIAN MURPHY CONSTRUCTION AND DEVELOPMENT, INC. – RESIDENTIAL AND SMALL COMMERCIAL CONTRACTOR 38004, B2 & EXCAVATING & GRADING CONTRACTOR 38005, A7 – RENO, NV. 3.C.3. CMC STEEL FABRICATORS – STEEL REINFORCING CONTRACTOR 69423, C14A, TRACY, CA. 3.C.4. DOWN HOME CONCESSIONS – SPECIAL EVENT VENDOR – WINNEMUCCA, NV. 3.C.5. GENOA PEAK ELECTRIC – ELECTRICAL CONTRACTOR 69774, C-2 – GENOA, NV ---PAGE BREAK--- 09-09-23 Abstract FCC Page 2 of 7 3.C.6. HIGH DESERT YARD MAINTENANCE – YARD MAINTENANCE SERVICES – FERNLEY, NV. 3.C.7. LAST RESORT DJ SERVICE – MOBILE DJ SERVICE – FERNLEY, NV. 3.C.8. NORTH VALLEY HEATING & AIR INC. – HEATING, COOLING, CIRCULATING AIR CONTRACTOR 43611A, C-1F – RENO, NV. 3.C.9. RENO WOODWORKING, INC. – FINISH CARPENTRY CONTRACTOR 39001, C-3B – RENO, NV. 3.C.10. ROUND TABLE PIZZA – PIZZA PARLOR – FERNLEY, NV. 3.C.11. SMITH’S GUN CLEANING – GUN CLEANING – FERNLEY, NV. 3.D. APPROVAL OF LIQUOR LICENSE FOR ROUND TABLE PIZZA; LOCATED AT 130 SHADOW LANE FERNLEY. 3.E. APPROVAL OF REQUEST BY VFW LADIES AUXILIARY FOR WAIVER OF LIQUOR LICENSE FEE FOR THE ANNUAL HARD TIMES DINNER/DANCE FUNDRAISING EVENT; TO BE HELD ON OCTOBER 3, 2009 AT THE FERNLEY COMMUNITY CENTER. 3.F. APPROVAL OF CONTRACT NUMBER 09-LC-20-9901 WITH U.S. BUREAU OF RECLAMATION FOR A BURIED WATER MAIN ACROSS U.S. BUREAU OF RECLAMATION WITHDRAWN LANDS IN LYON COUNTY, NEWLANDS PROJECT. 3.G. APPROVAL OF NEVADA SAFE ROUTES TO SCHOOL PROGRAM SUBRECIPIENT’S AGREEMENT FOR NONINFRASTRUCTURE ACTIVITIES WITH THE NEVADA DEPARTMENT OF TRANSPORTATION (NDOT) AND APPROVE STREETS AND STORM DRAINS FUND BUDGET AUGMENTATION IN THE AMOUNT OF $32,102.00 3.H. APPROVAL OF ASSISTANCE AGREEMENT R09AP20010—JOINT PLANNING AND DEVELOPMENT FOR WATER SYSTEMS WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR’S BUREAU OF RECLAMATION (USBOR) AND APPROVE WATER UTILITY ENTERPRISE FUND BUDGET AUGMENTATION. 3.I. APPROVAL OF CHANGE ORDER #21 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $14,615.00 AS A RESULT OF OWNER REQUESTED CHANGE IN SCOPE OF WORK TO INCLUDE THE ADDITION OF FENCING AROUND THE SEDIMENTATION / FLOCCULATION BASINS. ---PAGE BREAK--- 09-09-23 Abstract FCC Page 3 of 7 3.J. APPROVAL OF AWARD OF CONTRACT FOR THE CITY OF FERNLEY TO REMOVE AND REPLACE FRONT STREET SANITARY SEWER MANHOLE INCLUDING: 3.J.1. AWARD OF CONSTRUCTION CONTRACT TO PEAVINE CONSTRUCTION IN THE AMOUNT OF $20,000.00 3.J.2. AWARD OF MATERIALS TESTING CONTRACT TO JAMES EDWARD ENGINEERING, INC IN THE AMOUNT OF $990.00 3.K. APPROVAL OF TRANSFER OF VILLAGE DRIVE EASEMENT ON APN 21- 103-46 CITY HALL PROPERTY TO CITY OF FERNLEY RIGHT OF WAY 3.L. APPROVAL OF CONTRACT TO CLEAN HARBORS ENVIRONMENTAL SERVICES FOR HAULING OF WATER TREATMENT PLANT RESIDUALS. {End of Consent Agenda} A motion to approve the consent agenda minus items one payment for Reno Gazette Journal subscription was APPROVED by a vote of 4-0-0, Chaffin absent. 4. DISCUSSION OF FUEL TAX ASSESSMENT. No action was taken on this item. 5. DISCUSSION OF ROOM TAX ASSESSMENT. No action was taken on this item. 6. CONSIDERATION AND POSSIBLE APPROVAL OF SETTLEMENT AGREEMENT WITH JEFF MCGOWAN REGARDING RESIGNATION OF CITY ATTORNEY POSITION. A motion to approve settlement agreement between Fernley and Jeff McGowan, under which Jeff McGowan will resign as City attorney, and to authorize the Mayor and City Clerk to execute said agreement was APPROVED by a vote of 4-0- 0, Chaffin absent. 7. DISCUSSION AND POSSIBLE APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LAW OFFICES OF TAGGART & TAGGART FOR CITY ATTORNEY AND PROSECUTORIAL SERVICES. A motion to approve professional services agreement between Fernley and Taggart and Taggart, Ltd., for City Attorney and prosecutorial services, and to authorize Mayor and City Clerk to execute said agreement was APPROVED by a vote 4-0-0. ---PAGE BREAK--- 09-09-23 Abstract FCC Page 4 of 7 8. DISCUSSION OF STRATEGIC PLAN RETREAT. No action was taken on this item. Setting a date for strategic plan r-treat was delayed for a later meeting. 9. CONSIDERATION AND POSSIBLE APPROVAL OF MAYOR’S APPOINTMENTS TO FILL VACANCIES IN THE PLANNING COMMISSION. A motion to approve Mayor’s appointment of Rod Idle for Planning Commissioner was APPROVED by a vote of 4-0-0, Chaffin absent. A motion to approve Mayor’s appointment of Rick Jones for Planning Commissioner was APPROVED by a vote of 4-0-0, Chaffin absent. A motion to approve Mayor’s appointment of Bill Penaluna for Planning Commissioner was APPROVED by a vote of 4-0-0, Chaffin absent. 10. 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. 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 STAFF. 11.B. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT AND NORTH LYON COUNTY FIRE PROTECTION DISTRICT. 11.C. ADDRESS ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. 11.D. ADDRESS REPORTS BY CITY COUNCIL. 11.E. ADDRESS REPORT BY MAYOR. No Action was taken on items 11A. through 11. E. 12. PUBLIC HEARING: 12.A. FIRST READING, DISCUSSION OF BILL # 132 AS AN ORDINANCE MODIFYING TITLE 6 (LAW ENFORCEMENT REGULATIONS), CHAPTER 1 ---PAGE BREAK--- 09-09-23 Abstract FCC Page 5 of 7 (6.01.09) OF THE FERNLEY MUNICIPAL CODE BY THE ADDITION OF SUBSECTION PROVIDING FOR THE EXCLUSION OF LEGALLY PERMITTED LIVESTOCK GRAZING RIGHTS, AND OTHER MATTERS PROPERLY RELATING THERETO. A motion to propose Bill 132 as an ordinance modifying title 6 (Law enforcement regulations) Chapter 1 (6.01.09), of the municipal Code by the addition of subsection providing for the exclusion of legally permitted livestock grazing rights, and other matter properly relating thereto was APPROVED by a vote of 3-1-0, martin opposed, Chaffin absent. 12.B. DISCUSSION AND POSSIBLE ACTION ON THE INTRODUCTION OF BILL #131 AS AN ORDINANCE FOR ZMA 09-48, A ZONING MAP AMENDMENT TO CHANGE THE ZONING FROM RR-1 (RURAL RESIDENTIAL, 1-ACRE MINIMUM) TO E-2 (SECOND ESTATES RESIDENTIAL ONE-HALF ACRE MINIMUM). APN 21-111-22 IS A 0.74-ACRE PARCEL LOCATED AT 575 FARM DISTRICT ROAD AND APN 21-111-23 IS A 1.00-ACRE PARCEL LOCATED AT 565 FARM DISTRICT ROAD A motion to introduce Bill #13 as an Ordinance which would enact ZMA 09-48, a Zoning Map Amendment to change the zoning from RR-1 (Rural Residential, 1-ache minimum) to E-2 (Second Estates residential, one-half ache minimum). For APN 21-111-22, a 0.74-ache parcel located at 575 Farm District Road and for APN 21-111-23. a 1.00-ache parcel located at 565 farm District Road, based on the discussion and findings provided in the August 12, 2009 Planning Commission Staff report was APPROVED by a vote of 4-0-0. 12.C. DISCUSSION AND POSSIBLE ACTION ON A SUP 10-01 SPECIAL USE PERMIT FOR BEE HIVE HOMES OF LOVELOCK, LLC FOR A LARGE GROUP HOME ON 1.74 ACRES LOCATED AT 565 AND 575 FARM DISTRICT ROAD CURRENTLY WITHIN THE RR-1 ZONING DISTRICT. (APN’S: 21-111-22 AND 21-111-23). A motion to approve, as conditioned, SUP 10-01 Special Use Permit for Bee Hive Homes of Lovelock, LLC for the operation of a large group care home for the elderly, which meets the City Development Code, based on the discussion and findings provided in the August 12, 2009 Planning Commission Staff report was APPROVED by a 4-0-0. 12.D. DISCUSSION AND POSSIBLE ACTION ON THE INTRODUCTION OF BILL #134 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 09-56) WITH GUARANTY PLUS PROPERTIES LLC-2 TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVAL OF TRUCKEE RIVER RANCH PHASE III (TSM 03-07), LOCATED IN THE VICINITY OF DESERT SHADOWS LANE AND CLEARWATER PARKWAY, SOUTH OF THE TCID CANAL; APN: 21- 301-46. ---PAGE BREAK--- 09-09-23 Abstract FCC Page 6 of 7 A motion to introduce Bill #134 as an Ordinance which would authorize the City of Fernley to enter into a development agreement (DA 09-56), as modified by Staff, with Guaranty Plus Properties LLC-2 to extend the period of time for final map approval for Truckee River Ranch Phase III (TSM 09-07), located in the vicinity of Desert Shadow Lane and Clearwater Parkway, south of the TCID Canal, APN 21-301-46, based on the discussion and findings provided in the attached Staff Report including improvements of Clearwater Parkway bridge and access road to Desert Shadows was APPROVED by a vote of 3-0-0, Eilrich abstained, Chaffin absent. 12.E. DISCUSSION AND POSSIBLE ACTION ON THE INTRODUCTION OF BILL #135 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENACT A ZONING TEXT AMENDMENT (TA 10-10), TO AMEND CHAPTER 31 SUBDIVISION MAPS AND CHAPTER 36 PLANNED DEVELOPMENTS OF THE CITY DEVELOPMENT CODE, SPECIFICALLY SECTION 31.050 CONDITIONS AND PHASING OF MAPS, SECTION 31.070 DURATION, EXTENSION AND AMENDMENT OF TENTATIVE SUBDIVISION MAP AND SECTION 36.120 SCHEDULE, TO INCREASE THE TIME FOR FILING FINAL MAPS; AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to introduce Bill #135 as an ordinance, which would authorize the City of Fernley to enact a Zoning Text Amendment (TA 10-10), to amend Chapter 31 Subdivision Maps and Chapter 36 Planned Developments of the Coty Development Code, specifically section 31.050 “Conditions and Phasing of Maps” section 31.070 “Duration, Extension and Amendment of Tentative Subdivision Map” and section 36.120 “Schedule”, to increase the time for filing final maps; and other matters properly related thereto, based on the discussion and findings provided in the attached Staff report was APPROVED by a vote of 4-0-0, Chaffin absent. 12.F. DISCUSSION AND POSSIBLE ACTION ON THE INTRODUCTION OF BILL #136 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 09-57) WITH B & H HOLDINGS TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVAL OF SARIO, LOCATED IN THE VICINITY OF 95A AND SOUTH OF THE HIGH SCHOOL; APN’S: 21-541-51, 21-541-52, 22-451-01, 22-451- 02, 22-451-03, 22-451-04, 22-451-05, 22-452-01, 22-4512-02. A motion to introduce Bill #136 as an Ordinance which would authorize the City of Fernley to enter into a development agreement (DA 09-57) located in the vicinity of 95A and south of the high school (APN’s: 21-541-51, 21-541-52, 22- 451-01, 22-451-02, 22-451-03, 22-451-04, 22-451-05, 22-452-01, 22-452-02) based on the discussion and findings provided in the attached Staff Report was APPROVED by a vote of 4-0-0, Chaffin absent. ---PAGE BREAK--- 09-09-23 Abstract FCC Page 7 of 7 13. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future agenda items included: Discussion of authorizing staff to conduct a business impact study for the room tax. Consider reducing departments in the City of Fernley and consider consolidation of Parks and Recreation Department into the other department. 14. ADJOURNMENT. The meeting ADJOURNED at 6:51pm.