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SUMMARY OF ACTION TAKEN FCC Meeting Date: Wednesday, February 3, 2010 1. ROLL CALL. There were no absences. 2. APPROVAL OF THE AGENDA. A motion to approve agenda was APPROVED by a vote of 5-0-0. 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.) 3.A. ACCEPT VOUCHERS REPORT. 3.B. APPROVAL OF MINUTES – 01/06/2010. 3.C. AWARD OF CONTRACT TO WESTERN NEVADA SUPPLY FOR THE PURCHASE OF MOBILE VEHICLE TRANSCEIVER UNIT MODEL 3600 VXU FOR THE AUTOMATIC METER READING SYSTEM, FOR THE TOTAL PURCHASE PRICE OF $22,296.00. 3.D. ADDRESS REQUEST BY GRAND ORDER OF CARIBOUS FOR WAIVER OF LIQUOR LICENSE FEE FOR THE ANNUAL GOOD TIMES DANCE FUNDRAISER TO BE HELD AT THE COMMUNITY CENTER ON FEBRUARY 13, 2010. 3.E. ADOPTION OF RESOLUTIONS FOR THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR: A. COMFORT SUITES, 800 MESA DRIVE, FERNLEY, NV, LYON COUNTY PARCEL NUMBER 21-061-31. B. SOUTHWEST GAS FACILITY, 5900 MCDONALD DRIVE, FERNLEY, NV, LYON COUNTY PARCEL NUMBER 21-242-14. {End of Consent Agenda} A motion to approve consent agenda minus item 3.E. was approved by a vote of 5-0-0. A motion to approve Resolutions for Public Improvements acceptance of Comfort Suites and Southwest Gas Facility and authorize the Mayor and City Clerk to execute the Resolutions was approved by a vote of 5-0-0. 4. ADDRESS CITY MANAGER EVALUATION PROCESS INCLUDING EVALUATION AND CONSIDERATION BY THE CITY COUNCIL OF THE CHARACTER, ALLEGED MISCONDUCT, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF THE CITY MANAGER AND HIS PERFORMANCE AS THE CITY MANAGER. A motion asking the Council to (1)accept the acknowledgment that Mr. Evangelatos has recognized some shortcomings and made an offer to not take a step increase and ---PAGE BREAK--- 02/03/2010 FCC Page 2 of 4 reimburse the City for the travel he should not have taken and accept that offer FAILED 2-3-0, Malloy, Chase and Parsons opposed. A motion to direct City Attorney Paul Taggart to evaluate NRS relating to what defines the requirement for residency in the community and how it is explained in NRS was APPROVED by a vote of 3-2-0, Chaffin and Eilrich opposed. 5. PRESENTATION OF DONATION TO ARTS AND CULTURE COMMISSION BY CHARTER COMMUNICATION, INC. IN THE AMOUNT OF $7,500. No action was made on this item. It was informational only. 6. PRESENTATION REGARDING UPCOMING CENSUS AND THE NEED FOR COMMUNITY MEMBERS TO FILL CENSUS BUREAU POSITIONS. No action was made on this item. It was informational only. 7. CONSIDERATION AND POSSIBLE APPROVAL OF MAYOR’S APPOINTMENTS TO FILL VACANCIES: 7.A. LYON COUNTY DEBT MANAGEMENT COMMISSION 7.B. LYON COUNTY ECONOMIC DEVELOPMENT FORUM 7.C. REGIONAL TRANSPORTATION COMMISSION A motion to approve appointments as designated by the Mayor was APPROVED by a vote of 5-0-0. 8. APPOINTMENT OF MAYOR PRO TEM. A motion to re-appoint Councilman Chaffin as Mayor pro tem was APPROVED by a vote of 4-0-1, Chaffin abstained. 9. DISCUSSION AND UPDATE ON FORMATION OF A GENERAL IMPROVEMENT DISTRICT FOR THE GOLF COURSE PURSUANT TO NRS CHAPTER 318. No action was made on this item. It was informational only. 10. DISCUSSION AND INTRODUCTION OF BILL #149 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENACT A ZONING TEXT AMENDMENT (TA 10-25) TO AMEND A PORTION OF CHAPTER 28 OF THE CITY DEVELOPMENT CODE; SPECIFICALLY, SECTION 28.070.100 ACCESSORY USES, NON-COMMERCIAL ALTERNATIVE ENERGY SYSTEM, FOR INCLUSION OF A WIND ENERGY SYSTEMS PROVISION AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to introduce Bill #149 as an Ordinance which would authorize the City of Fernley to enact a zoning text amendment (TA 10-25) to amend a potion of the City Development Code, specifically Section 28.070.100, based on the discussion and findings provided in the Staff Report was made by Councilman Parsons. No action was taken since it is a first reading of the ordinance. 11. DISCUSSION AND POSSIBLE ACTION ON ADOPTION OF BILL # 147 AN ORDINANCE AMENDING FERNLEY MUNICIPAL CODE, TITLE TWO (BOARDS AND COMMISSIONS), BY THE ADDITION OF CHAPTER FOUR, ESTABLISHING THE CITY OF FERNLEY ---PAGE BREAK--- 02/03/2010 FCC Page 3 of 4 CONVENTION AND VISITOR AUTHORITY, INCLUDING THE GUIDELINES FOR THE APPOINTMENT THE CITY OF FERNLEY CONVENTION AND VISITOR AUTHORITY BOARD, TERMS OF OFFICE, REMOVAL, COMPENSATIONS AND EXPENSES, OPERATING REGULATIONS AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to change name of City of Fernley Convention and Visitor Authority Board to City of Fernley Convention and Tourism Authority and making the Board as a final approval for disbursement of funds (50% of total funds according to the ordinance) was APPROVED by a vote of 5-0-0. A motion to direct Staff and bring back this Ordinance in two weeks with appropriate changes and proper advertising was APPROVED by a vote of 5-0-0. 12. DISCUSSION OF FILLING A POTENTIAL VACANCY IN PUBLIC WORKS DEPARTMENT. A motion to fill vacancy in Public Works Department by open recruitment or internal promotion FAILED for the lack of second. Staff was directed to leave this position unfilled and keep the recruitment and when the possibility comes back to fill position up again. PUBLIC HEARING: 13. DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL # 148 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 10-23) WITH THE DON O’GORMAN FAMILY TRUST TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVAL OF SILVERLAND HEIGHTS PHASE 5 (PD 04-02), LOCATED IN THE VICINITY SOUTH OF THE TCID CANAL AND NORTH OF DESERT SHADOWS LANE, EAST OF YARROW LANE (APN: 21-303-19). A motion to adopt Bill #148 as an Ordinance which would authorize the City of Fernley to enter into a development agreement (DA 10-23), with the Don O’Gorman Family Trust to extend the period of time for final map approval for Silverland Heights Phase 5 (PD 04-02), located in the vicinity south of the TCID Canal and north of Desert Shadow Lane, east of Yarrow Lane (APN 21-303-19), based on the discussion and findings provided on the Staff Report was APPROVED by a vote of 5-0-0. 14. 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 taken on this item. ---PAGE BREAK--- 02/03/2010 FCC Page 4 of 4 15. 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 taken on this item. 16. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Legal Opinion in regards of residency issue and possible action. Staff was directed to schedule a mandatory ethic training session with Pool/Pact for all elected officials and the City Manager. Review the policy concerning the landlord being responsible for delinquent accounts when renters leave unpaid bill since City collects deposits as any other City. 17. ADJOURNMENT. The meeting adjourned at 7:30 pm.