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The Minden Town Board meeting was held starting at 5:30 p.m. on Wednesday, August 7, 2024, at 1602 Esmeralda Ave, Minden, Nevada. Board Members present: Bill Driscoll, Bryan Davis, Steven Thaler, Larry Walsh, and Matt Bernard. Staff present: Ryan Russell, JD Frisby, Jeff Cady, and Meggan Melandow. Chairman Davis called the meeting to order at 5:30 p.m. The Pledge of Allegiance was led by Steven Thaler. PUBLIC COMMENT: None APPROVAL OF AGENDA: Walsh/Driscoll moved and seconded approval of the August 7, 2024, Agenda as presented. Motion carries unanimously. APPROVAL OF MINUTES: Thaler/Walsh moved and seconded approval of the July 3, 2024, Board Meeting Minutes. Motion carries unanimously. ACKNOWLEDGEMENT OF GIFTS: Mr. Frisby thanked all volunteers who helped during the 4th of July event. He again thanked C.V.I and Model Dairy for their generous donations. BOARD MEMBER REPORTS: Mr. Thaler expressed his gratitude to the staff for their hard work and dedication to the splash pad construction project at Westwood Park. CONSENT AGENDA: Items may be moved to or from the Consent Agenda at the beginning of the Board meeting during the Approval of the Consent Agenda. Items on the Consent Agenda may be voted on in a block, i.e., with one motion on all those items, one second to the motion, and one vote by the Board members. Items removed from the Consent Agenda will be heard immediately following the Consent Agenda in the order in which they appear in the Consent Agenda. Public comment. None 1. Approval of the July 2024 financial report including claims paid June 28, 2024 through July 26, 2024 for Fiscal Year 23/24 and 24/25. Driscoll/Bernard moved and seconded approval of the Consent Agenda as presented. Motion carries unanimously. ADMINISTRATIVE AGENDA: The following item(s) are scheduled for public hearing. At the beginning of each item, the Chairman will call the item. Normally, the applicant and/or its representatives are permitted to speak first, and then Town Staff may present a summary of the staff report and recommendation, including any updated information received by the Town after ---PAGE BREAK--- Minden Town Board Minutes August 7, 2024 Page 2 of 6 the reports were distributed. Next, Board discussion, and then the Chairman will open the hearing to public comment. For items on which action is to be taken, the Chairman will close the hearing of public comment before a motion is made and a vote is taken. The Chairman has the right to establish reasonable time limits for comments and to allow for rebuttal comments. 1. For possible action: Discussion and possible action to recommend to Douglas County approval, approval with conditions, continuance or denial of Development Application DP24-0169, a Major Design Review Application for Verizon Wireless, a proposed installation of a cellular tower located at 1699 County Road in Minden, APN 1320-30-802- 004. Appearance by Chris Hatch, on behalf of Verizon Wireless. Mr. Chris Hatch of Epic Wireless, representing Verizon Wireless, thanked the Town Board for considering the proposed Verizon Wireless Project at East Fork Fire Station 14. He introduced Ms. Yvonne Pinto from Municipal Engagement, Mr. Maher Zayouna, RF Design Engineer with Verizon Wireless, and Mr. David Witkowski, CEO of Oku Solutions LLC, a third-party RF expert. Mr. Hatch provided a brief overview of how the application process began in 2022, when Douglas County Economic Development, Douglas County School District, and the FCC contacted Verizon Wireless about network deficiencies in the County, specifically concerning coverage at Douglas High School. After extensive research, Verizon acknowledged the coverage gaps and determined that the best location for a new tower was Fire Station 14. Mr. Hatch also presented information about 13 other potential sites for the cell tower, which had been considered at the previous board meeting. These locations were ruled out due to one or more of the following reasons: they did not address the coverage gap, lacked sufficient land space, or had unwilling landlords. He emphasized that the project complies with all guidelines and conditions for the proposed site at East Fork Fire Station 14, which offers the best signal to address the service gap. Although MGSD was included in the research, it presented considerable challenges, including ground issues and the need for additional height, meaning that even if a tower were built on MGSD’s site, it would still require another tower to cover the gap fully. Mr. Hatch requested the Town’s support for the project and noted that he and his team are available to answer any questions. Mr. David Witkowski responded to the residents' safety concerns regarding radiation exposure from the previous meeting. The proposed cell tower site has a radiation exposure rating of 18.8%. He commented on the radiation levels from multiple areas around the site, noting that all are below the maximum permissible exposure level. He found no reason to be concerned with this site. Ms. Yvonne Pinto addressed the design guidelines and the County code. The design for this tower complies with all criteria outlined in the guidelines and code for Douglas County. After researching the MGSD site and running simulations with a pole 150 feet in height, they found that the coverage still had too many gaps. They believe that requesting a variance for a 200% increase in height will likely be denied by the County. Mr. JD Frisby commented on the staff's recommendation of denial. He noted that during the pre-application meeting, he anticipated concerns from the residents of Minden about ---PAGE BREAK--- Minden Town Board Minutes August 7, 2024 Page 3 of 6 the project. Mr. Frisby agreed that Verizon’s project does follow all County building codes. He also commented on Minden’s need to address the coverage gap. Member Driscoll reflected on the radio wave frequencies from various devices throughout the valley. He acknowledged the need for better service and he does not object to 5G technology. However, he does object to having an tower in beautiful Minden. Member Thaler was interested in determining whether the opinions of the audience had changed. He questioned Mr. Zayouna about the height difference required for the tower projection at MGSD and asked what height would be needed to address the coverage gap. Mr. Zayouna responded that height alone wasn’t the issue; the buildings between the high school and the simulated tower also contributed to a coverage gap. Member Thaler expressed concern that the Fire Station may not be the most suitable location for the cell tower. Member Bernard echoed the staff's sentiments, noting how Verizon’s representatives have treated everyone with respect and politeness. He stated that variances are necessary sometimes, which is why they are in code. Vice Chairman Walsh added this is a controversial subject and also wanted to thank Verizon’s representatives for being respectful. He agreed with the staff's recommendation of denial. Public comment: The following gave public comment in opposition to the proposed cell tower: Larry Vasques, David Seat, Bob Russo, Casey Rodgers, Kay Gilder, Maxine Rodowicz, Rick DeCarlo, Fred Simon, Cindy Trago, Rhiannon Kamper, Elinor Lacy, Steve Simms, William Cerrito, Maria Hartman, Olney Chiek and Valarie Russo. Board Member Bernard inquired about the firefighters' opinions on the site location while on-call at the fire station. Ms. Pinto provided a response from the firefighters’ union representative. Member Thaler recommends denial of the project due to concerns about the health and welfare of Minden’s residents, noting that the findings do not meet criteria B, E, and H. Vice Chairman Walsh also recommends denial based on the same unmet criteria. Chairman Davis believes that the project does not meet the criteria outlined in Finding H. After thoughtful and intelligent deliberation, Thaler/Walsh moved and seconded recommending to Douglas County denial of approval of Development Application DP24-0169, a Major Design Review Application for Verizon Wireless, a proposed installation of a cellular tower located at 1699 County Road in Minden, APN 1320- 30-802-004. The following criteria in findings B, E, and H were not met. The Board took a short break. The meeting reconvened at 7:31 pm. 2. For possible action: Discussion and possible action to recommend to Douglas County approval, approval with conditions, continuance or denial of a revised and updated Master Plan Amendment application DP24-0135 and a Zoning Map Amendment DP24-0136. The subject application by Gary Thurm with Three Castles Engineering, LLC is a request to amend the master plan designation to Commercial and a zoning designation to General Commercial (GC) for 5 acres of APN 1320-32-501-001. The remaining 19 acres would be left zoned as Agricultural A-19. Appearance by Eric Hasty, Project Planner with Wood Rodgers, Inc. ---PAGE BREAK--- Minden Town Board Minutes August 7, 2024 Page 4 of 6 Gary Thurm, applicant for Dorian Faught, introduced Eric Hasty who gave a presentation on the Master Plan Amendment and the zoning designation change they are requesting of five acres from a 19-acre parcel. The section of land not included in the application, they want to preserve it as agricultural. He offered to answer any questions. Vice Chairman Walsh believes the zoning change to commercial is logical because it would extend Minden's commercial area and provide long-term benefits. However, he is concerned about having only one access point. Member Bernard shares this concern, noting increased traffic and the lack of a second ingress-egress access. He questioned why the project didn’t front on Zerolene Road and didn’t include a future project. Member Thaler also expressed concerns about the single ingress-egress access, emphasizing its impact on emergency access. He also inquired why Zerolene Road wasn’t chosen for access and whether a traffic light might be necessary. Member Driscoll also agrees with the need for a secondary access point. Chairman Davis reminded the board that a major design review, which will include an examination of the project plan, will occur later; the current amendment is simply a necessary first step. Mr. Thurm responded that they could consider using Zerolene Road as a secondary access point in the future, as they’ve had discussions with adjacent property owners. Mr. Hasty stated that a traffic impact study will be needed when they proceed with a future project. Mr. Frisby thinks the amendment looks fine. He asked the board if they felt adding commercial zoning to our town made sense. He remarked on the Highway 395 traffic saying the future design review will address traffic. Public comment: Rob Hellwinkel, who owns property adjacent to Mr. Faught’s, informed the board that he expects the applicant to meet the same requirements and adhere to the same restrictions that were imposed on him. He stated that every applicant should be subject to the same conditions. Brenda Murray requested details on the proposed access, noting that she and her husband have two access points on their adjacent property. After thoughtful and intelligent deliberation, Thaler/Walsh moved and seconded recommending denial to Douglas County for a revised and updated Master Plan Amendment application DP24-0135, a Zoning Map Amendment DP24-0136 and a zoning designation to General Commercial (GC) for 5 acres of APN 1320-32-501-001. The board states the master plan amendment is not compatible with adjacent properties for not having ingress and egress in two locations. The property needs a secondary access point. The Board took a short break. The meeting reconvened at 8:26 pm. 3. For Possible Action: Discussion and possible action to accept, accept with conditions, continue or deny a reasonable and responsive bid for the 2024 10th Street Sidewalk Improvement Project from Qualcon Construction Inc. in the amount of $346,964.00. If approved, the Board may also authorize the Town Manager to execute an agreement for the same, in a form acceptable to Town Counsel, on behalf of the Town. Said Agreement ---PAGE BREAK--- Minden Town Board Minutes August 7, 2024 Page 5 of 6 may authorize the Town Manager to execute change orders up to 10% of the contract amount. Appearance by JD Frisby, Town Manager. Mr. Frisby discussed that we received a single bid for the project. The bid came in exactly at the engineer's opinion of probable cost. He is pleased that the bid amount is almost entirely covered by our ARPPA funds. We had set aside $350,000.00 in additional funds for this project. While there will still be costs for professional services such as testing and surveying, we will be able to roll any unused funds back into our general fund for future projects in our capital improvement plan. Qualcon will be collaborating with other local companies, such as V & C, for the concrete work on this project. Mr. Frisby offered to answer any questions the board may have. Vice Chairman Walsh asked if we had a finished design and whether there would be landscaping. Mr. Frisby responded that we do have a design, as we chose one of the options provided by RCI. The Board gave direction for the final design and voted to bring the curb in by two feet to keep everything within the right-of-way. There will be no landscaping included because the sidewalk is right at the back of curb and will include flare-outs. Conduits are being installed for future use as well. Member Bernard inquired about what a flare-out is, and Mr. Frisby explained that a flare-out occurs when the sidewalk curves around existing utilities where it cannot be kept on the back of curb. Public comment: None After thoughtful and intelligent deliberation, Bernard/Walsh moved and seconded approval of a bid by Qualcon Construction Inc. in the amount of $346,964.00. Approval includes authorizing the Town Manager to execute an agreement, acceptable to Town Counsel, on behalf of the Town. Said Agreement may authorize the Town Manager to execute change orders up to 10% of the contract amount. Motion carries unanimously 4. For possible action: Discussion and possible action to direct Staff in relation to Staff Reports. Discussion shall include a Staff Report on the activities, progress on or status of assigned tasks and projects, or general information regarding operations and projects related to trash, retail and wholesale water service, and other functions of the Town of Minden. Appearance by Jeff Cady, Public Works Superintendent, and JD Frisby, Town Manager. Mr. Cady provided a brief update on several public works functions, noting that we are particularly busy with our summer maintenance in our parks. He discussed the open positions for which we recently conducted interviews and commended the high quality of the candidates we met, many of whom already have a CDL. Mr. Frisby provided an update on the Westwood Park Splash Pad. There have been many delays, and we needed to update the electrical system to support the project. Unfortunately, we probably won’t see the splash pad open this year. However, he’s excited about the 10th Street project that’s been on the CIP since he’s been here and is pleased with how successful our events turned out this year. He also discussed the two positions for which ---PAGE BREAK--- Minden Town Board Minutes August 7, 2024 Page 6 of 6 we recently interviewed: the maintenance assistant has accepted our offer and we will be reaching out to the candidate for the sanitation position. Mr. Frisby expressed his satisfaction that we will soon have a full staff and offered to answer any questions the board may have. Public comment: None ADJOURNMENT: Chairman Davis adjourned the meeting at 8:36 p.m.