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SUMMARY OF ACTION TAKEN FCC Meeting Date: WEDNESDAY, January 7, 2009 1. ADDRESS SWEARING IN OF NEW COUNCILMEMBERS. Councilmembers Kelly Malloy, Curt Chaffin and Cal Eilrich were sworn into office by Judge Bauer. 2. ROLL CALL. There were no absences. 3. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. Acting City Manager Fred Turnier asked to remove item 4.H. from the Consent Agenda and items #7 & #8 from the agenda. Agenda items 4.H., 7, and 8 will be addressed at the January 21, 2009 Council meeting. Mr. Turnier added that there is typographical mistake in item 4.C.7. 4. 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.) 4.A. ADDRESS PAYMENT OF VOUCHERS 4.B. ADDRESS APPROVAL OF MINUTES –12/03/2008 & 12/17/2008 4.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 4.C.1. ALLIANCE FAMILY SERVICES NORTH, INC. – MENTAL HEATH AGENCY – FERNLEY, NV. 4.C.2. BROLINE INTREGRATED SYSTEMS – ELECTRICAL CONTRACTOR, C-2, 69517 – SPARKS, NV. 4.C.3. DAN GLASS AGENCY – STATE FARM INSURANCE AGENCY – FERNLEY, NV. Todd Cutler, Mayor Kelly Malloy, Ward 1 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 ---PAGE BREAK--- 01-07-2009 Agenda Page 2 of 6 4.C.4. IRELAND ELECTRIC – ELECTRICAL CONTRACTOR, C-2, 27339 – YERINGTON, NV. 4.C.5. MANE ATTRACTION – BEAUTY SALON – FERNLEY, NV. 4.C.6. PINNACLE SECURITY LLC – ELECTRICAL CONTRACTOR C-2, 68654 – OREN, UT. 4.C.7. PROFESSIONAL SUPPORT FOR IMPROVEMENT, LLC – PROFESSIONAL COACHING & CONSULTING – FERNLEY, NV. 4.D. ADDRESS REQUEST BY GRAND ORDER OF CARIBOUS #69 FOR WAIVER OF LIQUOR LICENSE FEE FOR THE 11TH ANNUAL GOOD TIMES DANCE TO BE HELD ON FEBRUARY 14TH AT THE FERNLEY COMMUNITY CENTER. 4.E. ADDRESS REQUEST FROM FALCON PEAK PROPERTIES FOR COMFORT SUITES WILL-SERVES 17.57 WATER ERC’S AND 45.399 SEWER ERC’S FOR APN 21-061-10, 800 MESA DRIVE, FERNLEY. 4.F. RATIFY THE CITY MANAGER’S EXECUTION OF THE RIGHT OF ENTRY DOCUMENT FOR WATER CONVEYANCE PROJECT 3A – STOCK AND SAGE STREETS, FOR REFUSE, INC, APN 21-532-01. 4.G. ADDRESS SAFE ROUTES TO SCHOOL RESOLUTION AND GRANT APPLICATION. 4.H. ADDRESS AWARD OF BID FOR INSTALLATION OF UNDERGROUND POWER FACILITIES AT THE OUT OF TOWN PARK. 4.I. ADDRESS APPROVAL OF CHANGE ORDER #1 FOR WATER CONVEYANCE PROJECT 1A-MESA DRIVE. 4.J. ADDRESS AUTHORIZING THE EXECUTION OF THE CORRECTED WATER RIGHTS DEDICATION AGREEMENT FOR HARRY TEDSEN REVOCABLE TRUST, (APN 21-141-07, 21-141-10, 20-142-02, 20-352-06, 20-741-04, 21- 082-28), TCID SERIAL NUMBERS 1005-11, 1005-5-B, 1005-4, 1054-1-A, 1069- A-3 AND 1014-2-A. 4.K. ADDRESS AWARD OF CONTRACTS FOR WATER CONVEYANCE PROJECT 9: 2.5 MG RAW WATER TANK AND PIPING, INCLUDING: 4.K.1. AWARD OF CONSTRUCTION CONTRACT TO SIERRA NEVADA CONSTRUCTION, INC. 4.K.2. AWARD OF MATERIALS TESTING CONTRACT TO TERRACON CONSULTING, INC. 4.L. ADDRESS PROPERTY ACQUISITION FOR WATER CONVEYANCE PROJECT FOR THE FOLLOWING PROPERTY: 4.L.1. FERNLEY HILLS ENTERPRISES, LLC 4.M. ADDRESS AUTHORIZING THE EXECUTION OF THE WATER RIGHTS DEDICATION AGREEMENT FOR MANIC DEVELOPMENT, APN 21-311-26, 21-311-35. ---PAGE BREAK--- 01-07-2009 Agenda Page 3 of 6 {END OF CONSENT AGENDA} A motion to accept the consent agenda, minus item 4.H. was APPROVED by a vote of 4-0-0. 5. ADDRESS STATE OF THE CITY REPORT BY MAYOR CUTLER. NO action was taken on this item. 6. ADDRESS UPDATE OF THE DEVELOPMENT CODE. No action was taken on this item. Community Development Director Fred Turnier provided an update regarding development code process and the timeline associated with the process. 7. ADDRESS UPDATE OF THE COMPREHENSIVE PLAN. This item was removed from the agenda. It will be addressed at the January 21, 2009 Council meeting. 8. ADDRESS ADOPTION OF ALTERNATIVE WATER MASTER PLAN. This item was removed from the agenda. It will be addressed at the January 21, 2009 Council meeting. 9. ADDRESS DISCUSSION OF SPECIAL BUDGET/STRATEGIC PLANNING WORKSHOP. A motion to have a budget/strategic planning workshop on January 31, at 9am was APPROVED by a vote of 4-0-0. 10. ADDRESS DISCUSSION OF JOINT CITY COUNCIL/CAPITAL IMPROVEMENT ADVISORY COMMITTEE WORKSHOP. No action was taken on this item. Public Works Director Lowell Patton will be working with the Council on setting up a date sometime in February. 11. ADDRESS PROGRAM FOR FINANCIAL HARDSHIP REGARDING MANDATORY WASTE PICK-UP. A motion to grant $5,000 to Lyon County Human Services from the City’s franchise income to match a contribution of $5,000 from TrashPros to be used for financial assistance to Fernley residents for payment of bills for mandatory residential garbage service according to outlined items 1 through 5 in the agenda report for item 11; and that applicants would be required to be re-qualified every six months in order to continue receiving assistance; and that if the funds ---PAGE BREAK--- 01-07-2009 Agenda Page 4 of 6 allocated from the City and TrashPros ran out, the program would be brought to the Council’s and City Staff’s attention was APPROVED by a vote of 4-0-0. 12. ADDRESS PROGRAM FOR EXEMPTIONS REGARDING MANDATORY WASTE PICK-UP INCLUDING REQUIRED DOCUMENTATION. No action was taken on this item. 13. ADDRESS DISCUSSION OF THE NON-RESIDENTIAL FRANCHISE PERMITTING PROCESS. A motion to approve the waste hauler permit for commercial services was APPROVED by a vote of 4-0-0. 14. ADDRESS DISCUSSION AND APPOINTMENT OF THE INTERIM CITY MANAGER. A motion to appoint Mr. Greg Evangelatos as the Interim City Manager for a period of three months with extensions as needed, compensated at the first step of the City Manager’s pay scale, and exempting the Interim City Manager from the requirement of relocating to the City of Fernley, and to be effective January 14, 2009 was APPROVED by a vote of 4-0-0. Mr. Greg Evangelatos accepted the Interim City Manager position. 15. ADDRESS DISCUSSION AND DIRECTION FOR THE CITY MANAGER RECRUITMENT PROCESS. A motion to direct Mayor Cutler along with Staff to start the search for a permanent City Manager by placing ads as appropriate and to authorize the Mayor to form a search committee, and present three selected applicants to the Council for consideration was APPROVED by a vote of 3-1-0, Councilman Martin opposed. 16. 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. 17. 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. 18. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. NO action was taken on this item. ---PAGE BREAK--- 01-07-2009 Agenda Page 5 of 6 19. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. NO action was taken on this item. 20. PUBLIC HEARING: (6:30 p.m. Time Certain) 20.A. ADDRESS PROPOSAL OF BILL # 117 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ALTMANN & OTT, LLC TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVALS FOR GREEN VALLEY ESTATES UNIT 6A TENTATIVE SUBDIVISION MAP (TSM 03-08), LOCATED AT WEST OF RICCI LANE AND NORTH OF TCID CANAL, APN 21-191-08 AND 21-191-09. A motion to propose Bill #117 as an ordinance authorizing the City of Fernley to enter into a Development Agreement with Altmann & Ott LLC for TSM 03-08 Green Valley Estates, Phase 6A based on the findings contained in the Staff report was WITHDRAWN. Staff was directed to work out the details of the Development Agreement including the installation of a secondary access and present it at a later date. 20.B. ADDRESS PROPOSAL OF BILL #121 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT DA 09-01 WITH CREEKWOOD ESTATES, LLC TO EXTEND THE PERIOD OF TIME FOR FINAL MAP APPROVALS FOR PHASE 1 OF THE CREEKWOOD PLANNED DEVELOPMENT (PD 05-04); LOCATED AT 2195 FARM DISTRICT ROAD; APN 21-303-20. A motion to approve proposal of Bill #121 as an ordinance authorizing the City of Fernley to enter into a Development Agreement with Creekwood Estates, LLC for PD 05-04 for Phase 1 of the Creekwood Planned Development based on the findings contained in this agenda report was APPROVED by a vote of 4-0-0. 20.C. ADDRESS ADOPTION 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. A motion to adopt Bill #119 as an ordinance amending the City of Fernley Development Code Chapter 28, Section 28.070.100 Accessory Uses; Home Occupation: Item 4-1) & section 28.070.040 Institutional and Public Uses; Day Care Center, Large: Item 1; Day Care Center, Small: Item 1 was APPROVED by a vote of 4-0-0. ---PAGE BREAK--- 01-07-2009 Agenda Page 6 of 6 20.D. ADDRESS ADOPTION OF BILL #120 AS AN ORDINANCE ENACTING THE VOLUNTARY ANNEXATION OF WESTERN NEVADA RAIL PARK; LOCATED ON US HIGHWAY 50; APN 21-392-10 A motion to adopt Bill #120 as an ordinance, annexing parcel 21-392-10 into the City of Fernley and set for public hearing was APPROVED by a vote of 4-0-0. 21. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included: 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 and advertise committee positions to the public. Address discussion of the relationship between the City Council, Mayor and City Manager regarding possible changes to Ordinance 1, specifically Council oversight. Address Mr. Gary Bacock’s mileage reimbursement as approved at the December 17, 2008 Council meeting and discuss the policy regarding City mileage reimbursement. Address selection of the Mayor Pro-Tem appointment. Address Mayor and Councilmember representation at the meeting with Senators in Washington, D.C. in March regarding stimulus package. 22. ADJOURNMENT. The meeting was ADJOURNED at 10:14 p.m. by a vote of 4-0-0.