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Todd Cutler, Mayor Kelly Malloy, Ward 1 Donald Parsons, Sr,, 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, March 18, 2009 1. ROLL CALL. Mayor Cutler noted that Councilman Parsons will be in later. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. Interim City Manager Greg Evangelatos asked to address 3.E. (consent agenda item) and items 7 and 8 later that night when Councilman Parsons would be in attendance. In addition, Mr. Evangelatos stated that applicant requested continuance for items 11.A. and 11.B. and those items will be addressed April 1, 2009 Council meeting. 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 – 02/18/2009 & 3/02/2009 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. AWESOME PUBLISHING - COUPON MAGAZINE – FERNLEY, NV. 3.C.2. BPS ENTERPRISES – ODD JOBS SERVICES – FERNLEY, NV. 3.C.3. CLARK PEST CONTROL – PEST CONTROL – SPARKS, NV. 3.C.4. FAS BREAK WINDSHIELD REPAIR – MOBILE WINDSHIELD REPAIR – GARDNERVILLE, NV. 3.C.5. ICON BUILDING SERVICES – CARPENTRY CONTRACTOR 71461, C-3 – FALLON, NV. 3.C.6. JAL PROPERTIES LLC – REAL ESTATE HOLDING COMPANY – FERNLEY, NV. 3.C.7. KEEPSAKE MINISTORAGE – NEW OWNERS – FERNLEY, NV. 3.C.8. MIHAELA LOGAN – CHILD CARE, 4 CHILDREN ONLY – FERNLEY, NV. ---PAGE BREAK--- 09-03-18 FCC Summary of Action Page 2 of 7 3.C.9. MOSS & SONS LANDSCAPING – LANDSCAPING CONTRACTOR 72011, C-10 – FERNLEY, NV. 3.C.10. MR. BUBBLES TOUCHLESS CAR WASH – CAR WASH – FERNLEY, NV. 3.C.11. NINA’S PLACE – FURNITURE & DÉCOR – CATALOG & ONLINE SALES – FERNLEY, NV. 3.C.12. RANDY HINES – HOUSE & CARPET CLEANING SERVICES – FERNLEY, NV. 3.C.13. SALON 95 – HAIR SALON – FERNLEY, NV. 3.C.14. STEER GEAR – WESTERN TACK & SUPPLIES – CARSON CITY, NV. 3.D. ADDRESS AWARD OF BID FOR ADA PARKING SPACES AT THE IN TOWN PARK. 3.E. ADDRESS REQUEST FOR COMPENSATION BY COUNCILMAN PARSONS FOR PERIOD BETWEEN THE TIME OF THE ORIGINAL INSTALLATION AND THE ACTUAL TIME OF SWEARING IN. 3.F. ADDRESS “NO COST – TIME ONLY” CHANGE ORDER #1 FOR WATER CONVEYANCE PROJECT 3B – TRUCKEE CANAL CROSSING. 3.G. ADDRESS “NO COST – TIME ONLY” CHANGE ORDER #1 FOR NEVADA PACIFIC WATERLINE RELOCATION PROJECT. 3.H. ADDRESS APPROVAL OF CHANGE ORDER #1 FOR THE WATER CONVEYANCE PROJECT 3A- STOCK LANE AND SAGE STREET. 3.I. ADDRESS APPROVAL OF CHANGE ORDER #15 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $30,159.00. {End of Consent Agenda} Councilman Eilrich asked to remove item 3.I. for discussion. Councilmember Malloy asked to remove invoice register for discussion. A motion to approve consent agenda minus requested items 3.I., 3.E. and 3.A. was APPROVED by a vote of 4-0-1, Parsons absent. A motion to approve item 3.A. was APPROVED by a vote of 4-0-1, Parsons absent. A motion to approve change order #15 with KG Walters Construction for the Water Treatment Plant Project, which resulted in a total cost increase in the amount of $30,159.00 was APPROVED by a vote of 4-0-1, Parsons absent. Councilman Parsons withdrew his request (item 3.E.) following the Council discussion of Councilman Parsons’ request for reimbursement. ---PAGE BREAK--- 09-03-18 FCC Summary of Action Page 3 of 7 4. ADDRESS MAYOR AND COUNCIL APPOINTMENTS TO VARIOUS PUBLIC ENTITIES AND ORGANIZATIONS AS REPRESENTATIVES, INCLUDING: 4.A. PLANNING COMMISSION 4.B. LAHONTAN VALLEY ENVIRONMENTAL ALLIANCE. 4.C. LYON COUNTY DEBT MANAGEMENT COMMISSION A motion to approve the Mayor’s appointment of Ed Meger to Planning Commission was APPROVED by a vote of 4-0-1, Parsons absent. A motion to appoint Susan Seidl to Lahontan Valley Environmental Alliance was APPROVED by a vote of 4-0-1, Parsons absent. A motion to nominate Councilmember Malloy to Lyon County Debt Management Commission was APPROVED by a vote of 4-0-1, Parsons absent. 5. ADDRESS REQUEST BY MR. BILL BAUER FOR BEING EXEMPT FROM MANDATORY GARBAGE PICK-UP. A motion to deny Mr. Bauer’s request for exemption from mandatory garbage pick- up was APPROVED by a vote 4-0-1, Parsons absent 6. ADDRESS CONSOLIDATION OF THE TREASURER’S OFFICE AND THE CITY CLERK’S OFFICE INTO ONE OFFICE. A motion to direct staff to prepare cost analysis in regards to consolidation of two offices and analysis that would reflect the Staffing needs of the Finance Department was APPROVED by a vote of 3-1-0, Martin opposed. 7. ADDRESS SCHEDULING WORKSHOP IN REGARDS TO MESA DRIVE ISSUES (PER COUNCILMAN PARSON’S REQUEST) NO action was taken on this item. It was decided to have informal meetings with Mesa Drive residents and discuss concerns. 8. ADDRESS CONSIDERATION OF ALLOWING MAYOR AND CITY COUNCIL MEMBERS TO BE ABLE TO PURCHASE GROUP INSURANCE THROUGH THE CITY OF FERNLEY. A motion to allow the Mayor and the City Council to be able to purchase health insurance as long as it is at no cost to the City was APPROVED by a vote of 4-1-0, Martin opposed. 9. 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. ---PAGE BREAK--- 09-03-18 FCC Summary of Action Page 4 of 7 NO action was taken on this item. 10. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 10.A. ADDRESS REPORTS BY CITY COUNCIL NO action was taken on this item. 10.B. ADDRESS REPORTS BY CITY STAFF 10.B.1. ADDRESS REPORT BY CITY MANAGER NO action was taken on this item. 10.C. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT. NO action was taken on this item. 10.D. ADDRESS REPORT BY FIRE DEPARTMENT 10.E. ADDRESS REPORT BY TRUCKEE CARSON IRRIGATION DISTRICT REPRESENTATIVE. NO action was taken on this item. 10.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 FIGHTER AMBULANCE SERVICE, AND OTHER ORGANIZATIONS AS MAYOR RECOGNIZES. 10.G. ADDRESS LEGISLATIVE UPDATE. 10.H. ADDRESS REPORT BY MAYOR. NO action was taken on this item. 11. PUBLIC HEARING: (6:30 p.m. Time Certain) 11.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 MULTI-FAMILY RESIDENTIAL; OWNER LEHMAN, W. WENDAL, ET. AL. TRUST; LOCATED AT 775 HARDIE LANE; APN 21-121-13. This item was continued till April 1, 2009 Council meeting. ---PAGE BREAK--- 09-03-18 FCC Summary of Action Page 5 of 7 11.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 continued till April 1, 2009 Council meeting. 11.C. ADDRESS THE BUREAU OF LAND MANAGEMENT, CARSON CITY DISTRICT, SIERRA FRONT FIELD OFFICE PRESENTATION ON A PLAN OF OPERATIONS (PLAN) FROM NEVADA CEMENT COMPANY (NEVADA CEMENT) TO MINE POZZOLAN MATERIAL FROM PUBLIC LAND SOUTHWEST OF THE CITY OF FERNLEY IN LYON COUNTY, NEVADA. THE BLM WILL BE PRESENT TO ANSWER QUESTIONS ABOUT THE ENVIRONMENTAL PROCESS AND INVITE ANY COMMENTS REGARDING THE PROPOSED PROJECT. NO action was taken on this item. It was informational item only. 11.D. ADDRESS SPECIAL USE PERMIT APPLICATION SUP 09-20 FOR PROPOSED MINING OPERATIONS BY THE NEVADA CEMENT COMPANY LOCATED IN FERNLEY, NEVADA ON BUREAU OF LAND MANAGEMENT (BLM) PROPERTY IN SECTION 28, TOWNSHIP 20 NORTH AND RANGE 24 EAST. THE OWNER OF THE PARCEL IS THE BUREAU OF LAND MANAGEMENT; LOCATED AT 695 SAGE DRIVE; APN 21-161-07. A motion to approve Special Use Permit SUP 09-20, which meets the City Development Code, based on the discussion and findings provided in the staff report plus additional recommendations by Planning Commission and the Staff plus the following conditions: 1. Applicant must declare over 5 acres of disturbance and be required to retain this permit, 2. Condition for the approximate green road (installation) as shown on the map presented by Councilman Eilrich within latitude to the satisfaction of City Staff, 3. Installation of at least a deceleration lane accommodating truck traffic slowing down to make a right turn on any accesses used on Highway 95A and other requirements by NDOT, 4. The applicant (would have) to include a dust control on gravel road on their NDEP permit, 5. 18 month temporary use to start upon being issued the BLM and NDEP permits, 6. Require that they only use end dumps and limit their load no more than a 10 day and not run during Fernley High School peak hours, 7. Trucks must use covers, and 8. Require a 3 year review for the Special Use Permit, was APPROVED by a vote of 3-2-0, Parsons and Martin opposed. ---PAGE BREAK--- 09-03-18 FCC Summary of Action Page 6 of 7 11.E. ADDRESS SPECIAL USE PERMIT APPLICATION SUP 09-24 FOR FERNLEY LASSEN RAILWAY TRAIN DEPOT REHABILITATION. THE DEPOT WILL BE AN INTERPRETIVE CENTER FOCUSING ON THE HISTORICAL DEPOT AND SURROUNDING ANCILLARY BUILDINGS AND FEATURES; OWNER CITY OF FERNLEY; LOCATED AT 675 EAST MAIN STREET; APN 21-103-18 A motion to approve Special Use Permit SUP 09-24, which meets the City Development Code, based on the discussion and findings provided in the Staff report was APPROVED by a vote of 5-0-0. 11.F. ADDRESS APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNLEY AND THE LYON COUNTY SCHOOL DISTRICT REGARDING THE MODIFICATION OF A DEVELOPMENT AGREEMENT (DA 08-08) RELATIVE TO THE FUTURE DEVELOPMENT OF TWO PARCELS LOCATED IN FERNLEY, NEVADA FOR TWO PROPOSED SCHOOLS AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to approve an Interlocal Agreement between the City of Fernley and the Lyon County School District regarding the modification of a Development Agreement (DA 08-08) relative to the future development of two parcels located in Fernley, Nevada for two proposed schools and other matters properly related thereto was APPROVED by a vote of 5-0-0. 11.G. ADDRESS ADOPTION OF BILL #122 AS AN ORDINANCE, ENACTING A ZONING MAP AMENDMENT APPLICATION ZMA O9-19 FOR SILVERLAND RANCH TO CHANGE THE ZONING OF TWO PARCELS, ONE 18.00-ACRE PARCEL AND ONE 12.50-ACRE PARCEL FROM E-2 (2ND ESTATES RESIDENTIAL ONE-HALF ACRE WITH PLANNED DEVELOPMENT OVERLAY) TO PF (PUBLIC FACILITY); LOCATED AT JASMINE LANE AND FARM DISTRICT ROAD; APN 22-411-07 AND 08. A motion to approve a proposal of Bill#122 as an Ordinance enacting Zoning Map amendment ZMA 09-10, which meets the City Development Code, based on the discussion and findings provided in the staff report was APPROVED by a vote of 5- 0-0. 12. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included: Address review of animal ordinance and how it relates to BLM grazing rights within the City limits. Address review of animal control issues, particularly those related to feral cats. Address expectations of the City Manager and City Treasurer prior to hiring date. Address review of ordinances to match Nevada Revised Statutes. 13. ADJOURNMENT. ---PAGE BREAK--- 09-03-18 FCC Summary of Action Page 7 of 7 The meeting was ADJOURNED at 11:39 p.m. by a vote of 5-0-0.