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Todd Cutler, Mayor Kelly Malloy, Ward 1 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, January 21, 2009 1. ROLL CALL. There were no absences. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. Councilman Martin asked to address consent agenda item 3.C. separately. Mayor Cutler asked to remove National League of Cities membership (payment of voucher) from the Consent Agenda and address it separately. 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 – 12/22/2008 3.C. ADDRESS APPROVAL OF WASTE HAULER PERMIT FOR COMMERCIAL SERVICES FOR THE FOLLOWING BUSINESSES: 3.C.1. CASTAWAY TRASH HAULING, INC. 3.C.2. TRASHPROS, LLC. 3.D. ADDRESS ADOPTION OF RESOLUTIONS FOR THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR FERNLEY NUGGET CASINO 1190 E. MAIN STREET, APN 21-102-12. 3.E. ADDRESS AWARD OF BID FOR INSTALLATION OF UNDERGROUND POWER FACILITIES AT THE OUT OF TOWN PARK. 3.F. ADDRESS AWARD OF BID FOR DECOMPOSED GRANITE APPLICATION FOR THE IN-TOWN PARK. ---PAGE BREAK--- 09-01-21 FCC SUMMARY OF ACTION Page 2 of 5 3.G. ADDRESS REQUEST FROM LOVE’S TRUCK STOP FOR LOVE’S TRUCK STOP PARKING EXPANSION FOR .13 AC/FT WATER ERC FOR APN 21- 061-23, 825 COMMERCE CENTER DRIVE. 3.H. ADDRESS MEMORANDUM OF UNDERSTANDING WITH LYON COUNTY FOR FINANCIAL HARDSHIP PROGRAM. 3.I. ADDRESS APPROVAL OF AGREEMENT WITH AT&T FOR DIGITAL CENTREX SERVICE FOR 17 EXISTING TELEPHONE LINES PURSUANT TO A STATE OF NEVADA CONTRACT. 3.J. ADDRESS CHANGE ORDER #12 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $51,170.50. {End of Consent Agenda} A motion to accept the consent agenda, minus item 3.C. and a voucher payment for National League of Cities membership was APPROVED by a vote of 4-0-0. A motion to accept the consent agenda 3.C. was APPROVED by a vote of 4-0- 0. A motion to approve the payment for National League of Cities membership was APPROVED by a vote of 3-1-0, Councilman Martin opposed. 4. ADDRESS THE LYON COUNTY SCHOOL DISTRICTS REQUEST TO RENAME SCHOOL DISTRICT ROAD TO FALCON WAY. A motion to approve the request to rename Lyon County School District Road to Falcon Drive was APPROVED by a vote of 4-0-0. 5. ADDRESS APPOINTMENT OF THE MAYOR PRO-TEM. A motion to nominate Councilman Chaffin for Mayor Pro-tem was APPROVED by a vote of 4-0-0. 6. ADDRESS DISCUSSION OF THE RELATIONSHIP BETWEEN THE CITY COUNCIL, MAYOR AND CITY MANAGER REGARDING POSSIBLE CHANGES TO ORDINANCE 1, SPECIFICALLY COUNCIL OVERSIGHT (PER COUNCILMAN CHAFFIN REQUEST.) Mayor Cutler asked Staff to do some research and investigation on this issue and bring back to the Council for discussion on February 18, 2009 Council meeting. 7. ADDRESS MR. GARY BACOCK’S MILEAGE REIMBURSEMENT AS APPROVED AT THE DECEMBER 17, 2008 COUNCIL MEETING AND DISCUSS THE POLICY ---PAGE BREAK--- 09-01-21 FCC SUMMARY OF ACTION Page 3 of 5 REGARDING CITY MILEAGE REIMBURSEMENT (PER COUNCILMEMBER MALLOY REQUEST.) A motion to approve new City of Fernley mileage reimbursement policy and ask staff to bring back to Council a comprehensive revision to the City travel policy was APPROVED by a vote of 4-0-0. A motion to request for reimbursement pass one year mileage reimbursement from Mr. Bacock was APPROVED by a vote of 3-1-0, Councilman Martin opposed. 8. ADDRESS MAYOR AND COUNCILMEMBER REPRESENTATION AT THE MEETING WITH SENATORS IN WASHINGTON, D.C. IN MARCH REGARDING STIMULUS PACKAGE (PER MAYOR CUTLER REQUEST). A motion to support the Mayor travelling to Washington D.C. by request of City lobbyist in March as needed was APPROVED by a vote of 4-0-0. 9. ADDRESS UPDATE OF THE COMPREHENSIVE PLAN. NO action was taken on this item. Fred Turnier provided power point presentation regarding the comprehensive plan update process. 10. ADDRESS SCHEDULING ANNUAL WATER WORKSHOP AS SPECIAL CITY COUNCIL MEETING. Workshop was scheduled for March 25, 2009, from 4pm to 8 pm. 11. ADDRESS REVIEW OF ALL THE APPOINTMENTS TO COMMITTEES, BOARDS AND COMMISSIONS INCLUDING DETERMINATION WHETHER COUNCIL MEMBER, STAFF MEMBER OR MEMBER OF THE PUBLIC CAN BE APPOINTED TO CERTAIN COMMITTEES. A motion for nominating Kelly Malloy to be on Audit committee was APPROVED by a vote of 4-0-0. A motion to appoint Public Works Director for Regional Transportation Committee was APPROVED by a vote of 4-0-0. A motion to appoint City Manager to Pool/Pact and appoint Mayor Cutler as alternate was APPROVED by a vote of 4-0-0. A motion for Councilman Chaffin to serve on the Fernley Chamber of Commerce Board of Directors as an advisor was APPROVED by a vote of 4-0- 0. A motion to limit members at-large appointments/positions for two years unless otherwise provided by the statutory requirements or by laws was APPROVED by a vote of 4-0-0. ---PAGE BREAK--- 09-01-21 FCC SUMMARY OF ACTION Page 4 of 5 12. 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. 13. 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. 14. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. NO action was taken on this item. 15. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. NO action was taken on this item. 16. PUBLIC HEARING: (6:30 p.m. Time Certain) 16.A. ADDRESS ADOPTION 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 adoption of Ordinance #2009-001 for 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 Creekwood Estates Planned Development based on the findings contained in this agenda report was approved by a vote of 4-0-0. 16.B. ADDRESS IDENTIFICATION OF ROADS AND STREETS MAINTAINED BY THE CITY OF FERNLEY FOR INCLUSION ON THE LISTING TO BE FILED WITH NEVADA DEPARTMENT OF TRANSPORTATION (NDOT). A motion to approve the Public Works Department road and street mileage report, as presented, and authorize staff to submit the report to the Nevada Department of Transportation as required by State Law was APPROVED by a vote of 4-0-0. 17. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. ---PAGE BREAK--- 09-01-21 FCC SUMMARY OF ACTION Page 5 of 5 Requests for future agenda items included: Address policy regarding (Planned) Development Agreements including criteria for approvals, staff’s analysis of possible modifications of applicant’s project and a possible policy regarding expiring development agreements. Discussion regarding creating an ordinance that does not allow individual CC&R’s to conflict with City Ordinance(s). Address reducing the cost of the City in Brief, the City’s newsletter. Address City’s representation at the State Legislature session. Discussion regarding Communicating with Lyon County on various topics, i.e. Sheriff’s Department 18. ADJOURNMENT. The meeting was ADJOURNED at 8:45 p.m. by a vote of 4-0-0.