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MINUTES OF THE - Fernley_ NV

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									                                  MINUTES OF THE

                        FERNLEY CITY COUNCIL MEETING

                                    October 6, 2004

The meeting was called to order by Mayor David Stix, Jr. at 6:02 p.m. at the Fernley
City Hall, 595 Silver Lace Blvd., Fernley, NV. Present were Councilmen Joe Mortensen,
Monte Martin, Curt Chaffin, and Ralph Menke. Also present were City Manager Gary
Bacock, City Attorney Paul Taggart, Community Development Director Peter Wysocki,
Parks & Recreation Director Steve Bonnell, City Clerk Patricia Norman, Associate
Planner Lorrie Chase, and Recording Secretary Dina Lindeck-Rudy. Finance Director
Bonnie Duke was absent.

6:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE

1. PUBLIC INPUT. Items not agendized for this meeting cannot be acted upon other
   than to place them on future agendas.

   Diana Wagner, Fernley resident, thanked the Council for all the improvements to

   the area parks, including the ball field lights and bathroom facilities. She inquired if

   the 20-cent tax collected for the swimming pool will also be used for the Bureau of

   Reclamation (BOR) Park Community Center. Mayor Stix stated the City has not

   obtained the BOR land yet and any plans are tentative. He stated the 20-cent tax

   will be used for all forms of recreation and not a specific item such as a Community

   Center. Diana inquired if a Council member will bring the BOR Park plan diagram to

   the next Pool Board meeting. Mayor Stix stated a Council member will attend the

   next Pool Board meeting and explain the tentative plans for the BOR Park.


   Bruce Mull, Fernley resident, inquired if the Desert Shadows residents can

   requisition the grindings from the Main Street project. Ralph Menke pointed out the

   former Public Works Director Kurt Kramer planned to use the grindings for Mission


                       FCC 10/6/04                  Page 1 of 24
Way. Pete Wysocki stated he discussed using the grindings on several area roads

with Kurt Kramer and he could prepare a list for the Council. After discussion, the

consensus of the Council was to discuss the issue at the 10/20/04 meeting.


Ofa Otuafi, representative of the Fernley Youth Football League, requested to use

the City’s portable lights. He stated Granite Construction has provided a light for the

organization to use. However, the students use the Fernley High School and

Fernley Intermediate School football fields. He stated there are approximately 500

high school students participating in soccer, over 400 students participating in

football, and cheerleading. He stated the lights will be used 4 days a week for 3

hours. After discussion, the consensus of the Council was to allow the Fernley

Youth Football League to use the City’s portable lights.


Dick Rhyno, Fernley resident, stated the Fernley Swimming Pool conditions have

improved and the Interim Director diligently responds to the problems. He requested

an agendized meeting so arguments for and against the dissolution of the Pool

District can be heard. Mayor Stix stated the committees for and against the

dissolution of the Pool District debated the issues last Thursday night at the Fernley

Elementary School.


James Huckaby, member of the Lyon County School District Board, stated

according to the 1999 statistics, 1,935 students attended schools in Fernley. He

stated currently there are 2,831 students attending school in Fernley. He stated

almost half of the growth took place recently especially in the elementary schools.




                    FCC 10/6/04                 Page 2 of 24
Mr. Huckaby requested assistance in contacting area developers that will be

interested in selecting and procuring school sites in Fernley.


Mary Goodman, Associate Superintendent of Lyon County School District (LCSD),

stated due to the continuing growth in Fernley the School District will need help

acquiring school sites in the area. Mayor Stix stated this is an opportunity for the

City and LCSD to work together.


Monte Martin inquired if the LCSD was interested in school bus loading zones

included within new subdivisions. Mary stated the LCSD is interested in school bus

loading zones within new subdivisions.


Joe Mortensen inquired if the LCSD is working on the traffic congestion at

Cottonwood Elementary School. Mary stated the LCSD is working on the situation,

which includes encouraging parents to use the school buses verses driving their

children to school.


Curt Chaffin stated the City and the LCSD have approved funding to fast track the

Bureau of Reclamation (BOR) land studies, which will include several school sites.

He stated the project will take approximately 2 years and if the LCSD needed an

elementary school before then? Mary stated in the event the LCSD bond passes the

District is planning to build an additional elementary school in the Fernley area. She

stated the LCSD is looking into year-round school sessions and rezoning districts.


Pete Wysocki stated in accordance with the State statutes all new tentative

subdivision maps are forwarded to the LCSD for comments. He stated in the last



                      FCC 10/6/04               Page 3 of 24
  three years several tentative subdivision maps have been approved and LCSD has

  commented on one site. Pete stated State Law does not provide the City authority

  to dedicate or force a developer to dedicate a school site. He stated State Law

  provides LCSD the authority to request a school site, however they will have to

  purchase the land at fair market value.


  Ben Tempel, Fernley Pool Board Chairman, stated Founders Day will be held at the

  Fernley Swimming Pool on Saturday, October 9, 2004 and everyone is invited. He

  stated several residents have asked if the 20-cent tax will go toward pool

  improvements. He stated the issue will be discussed at the next Pool Board

  meeting.


2. ADDRESS PRESENTATION/INTERVIEW OF CANDIDATES FOR WARD #1 CITY
   COUNCILMEMBER.

  Gary Bacock stated Patty Hardwick and Richard “Rick” Jones are the candidates for

  the recently vacated City Councilmember position.


  Patty Hardwick stated she has been a Fernley resident for 25 years. She stated she

  has been active in the community and keeps current with the City events. Patty

  stated she is not shy and she speaks her mind. She stated she would like to fill the

  vacated Council position and become a voice for the people.


  Richard “Rick” Jones stated he has been a Fernley resident for 11 years. He stated

  he is currently a Public Land Surveyor for Bureau of Land Management (BLM) and

  a Professional Land Surveyor registered in the State of Nevada. He stated he has

  two years experience within the City government currently as a member of the



                     FCC 10/6/04                 Page 4 of 24
  Planning Commission. Mr. Jones stated he has attended a number of workshops

  and seminars regarding the issues of water rights, planning laws, and ethics. He

  stated he is able and willing to dedicate the time that is necessary to properly serve

  as Councilman for the residents of Ward #1.


  Mayor Stix stated the Councilman of Ward #1 recently resigned. He stated

  according to Chapter 266 provisions, the Mayor is authorized to fill the position and

  participate in the voting process.


  Dick Rhyno, Fernley resident, inquired how each candidate would resolve the

  issues regarding the LCSD school needs while addressing area developer’s

  requirements. Rick Jones stated he would do whatever possible legally and morally

  to support the current and future citizens of Fernley. Patty Hardwick stated she

  would appoint a liaison from the City Council to attend the LCSD Board meetings

  and to follow up on the issues.


  After discussion, Ralph Menke PLACED THE NAME OF RICK JONES IN

  NOMINATION TO FILL THE VACANCY LEFT BY RANDY CRAIG. Joe Mortensen

  seconded. Motion carried 5-0-0. Mayor Stix invited Rick Jones to participate in the

  meeting as Ward # 1Councilman.


3. ADDRESS APPOINTMENT OF CITY COUNCILMEMBER.

  The Council addressed Item #4.

  City Clerk Pat Norman administered the Oath of Office to Rick Jones Ward # 1

  Councilman.




                      FCC 10/6/04                 Page 5 of 24
4. MAYOR’S PRESENTATION OF PROCLAMATIONS:
   4-1 OCTOBER 18 – 22, 2004 AS NEVADA BUSINESS & PROFESSIONAL
       WOMEN’S WEEK.

   4-2 OCTOBER 3 – 9, 2004 AS NATIONAL 4-H WEEK IN FERNLEY.

   4-3 OCTOBER 16, 2004 AS NATIONAL MARTIAL ARTS DAY.

       Mayor Stix read Proclamation’s #04-005 & #04-007 into the record.

       The Council addressed Item #3

5. REPORTS BY VARIOUS PUBLIC ENTITY REPRESENTATIVES. (No action will
   be taken.)

   Joe Mortensen asked Pete Wysocki to speak to the developer on the south side of

   Cottonwood Lane regarding a fence that is creating a traffic blind spot. Pete stated

   he will address the issue with the developer Jim Davenport again. Joe inquired

   about the standing water in the retention basin south of Cottonwood. Pete stated

   some of the retention ponds are not percolating as expected and the issue will be

   addressed.


   Gary Bacock introduced Steve Bonell as the new Parks and Recreation Director. He

   reported on the following:


    The designated day for Halloween will be Sunday, October 31, 2004.


    He will be out of town next week and in his absence Pete Wysocki will be acting

      City Manager.


   Pete Wysocki reported on the following:


    One of the new Building Inspectors recently resigned after finding employment

      with a local area jurisdiction. His last day will be Friday, October 8, 2004. After



                      FCC 10/6/04                  Page 6 of 24
   interviewing candidates from the previous list, the new Office Assistant has been

   promoted to the Building Inspector position. The Office Assistant’s position has

   also been filled from the previous list of candidates.


 He wrote a letter to the School District regarding the issue of bus loading zones

   within subdivisions. Since he has not heard from the School District officially, he

   will follow up with another letter.


Steve Bonell stated he is looking forward to working with staff as the new Parks and

Recreation Director.


Paul Taggart reported:


 He will be attending the Nevada League of Cities (NLOC) next week in Boulder

   City. He stated one of the major issues that will be discussed is legislation for

   Chapter 266 amendments.


 He will be defending a City water right application against the Pyramid Lake

   Paiute Tribe (PLPT) in front of the State Engineer on October 19, 2004.


 A hearing is scheduled for October 28, 2004 regarding a grievance filed by the

   International Brotherhood of Electrical Workers (IBEW), which will address the

   status of part-time employees in the union.


 The Truckee River Operative Agreement (TROA) is the document, which has

   revised the way the Truckee River is managed. He stated a specific part of the

   agreement is the issue of whether or not the City will be allowed to store water in




                    FCC 10/6/04                  Page 7 of 24
      upstream reservoirs in the Sierra. He stated the City will have an opportunity to

      comment on the Environmental Impact Statement, which will be due October 30,

      2004. He stated the draft comment will be addressed at the next Water Team

      Committee meeting and the next Council meeting on October 20, 2004.


    The issue regarding an impact fee will be addressed at a future Council meeting.


    In the minutes tonight, there is a reflection of what was discussed at the last

      Council’s meeting regarding the Mayor’s line item veto provision. He stated the

      item that brought this issue forward, in his opinion, did not involve the exercise of

      a line item veto. The Mayor’s veto effected only one of two separate requests

      from an area developer.


   Mayor Stix congratulated Gary Bacock and Bonnie Duke on receiving the

   distinguished Budget Presentation Award for the current fiscal year from the

   Government Finance Officers Association (GFOA). He stated this is the second

   time they received the award.


   Gary stated a portion of agenda item # 9 will be delayed until October 20, 2004. He

   stated agenda item # 11 will be delayed until October 20, 2004.


6. CONSENT AGENDA: (PLEASE NOTE: Action may be taken on all or some of the
   consent agenda items in one motion. Those items that are removed from the
   consent agenda will be addressed separately.)
   6-A      ADDRESS PAYMENT OF VOUCHERS
   6-B      ADDRESS APPROVAL OF MINUTES
   6-C      ADDRESS APPROVAL OF BUSINESS LICENSES:
            6-C 1. AMERIGAS PROPANE – EQUIPMENT USED FOR LP,
                   NATURAL GAS CONTRACTOR #22737, C-38 – FALLON, NV



                      FCC 10/6/04                   Page 8 of 24
6-C 2. B.C. GEORGE CONSULTING – CONSULTING –           1175
       MARGARET WAY – FERNLEY, NV. – APN 020-262-05
6-C 3. BLUE SUNSHINE WEARABLE ART – JEWELRY MAKING &
       SALES – 495 SYCAMORE STREET – FERNLEY, NV. - APN 20-
       125-13
6-C 4. CFA, INC. – CIVIL ENGINEERING – RENO, NV
6-C 5. D & J’S CLEANING SERVICE – JANITORIAL SERVICE –
       FALLON, NV
6-C 6. DELTA – TRUCKING – OFFICE ONLY AT 838 COLUMBINE
       DRIVE – FERNLEY, NV – APN 20-664-10
6-C 7. EAGLES CREST LLC – GENERAL BUILDING CONTRACTOR
       #46340, A – SPARKS, NV
6-C 8. HIGH DESERT DRYWALL, LLC DBA CAPITAL DRYWALL –
       PAINTING & DECORATING CONTRACTOR #57901, C-4 –
       CARSON CITY, NV
6-C 9. IMAGINATION STUDIOS – SIGN MANUFACTURER – RENO,
       NV.
6-C 10. INTERMOUNTAIN SLURRY SEAL, INC. – GENERAL
        ENGINEERING CONTRACTOR #23657, A – SPARKS, NV
6-C 11. KAMI MCINTYRE – CHILDCARE PROVIDER – 4 CHILDREN
        ONLY – 1511 WRANGLER LANE – FERNLEY, NV – APN 20-
        861-06
6-C 12. LCC    – FEDERAL   REGULATIONS    &   INSPECTIONS
        CONSULTANT – 601 BROOK LANE – FERNLEY, NV – APN 20-
        933-02
6-C 13. NORTHERN NEVADA LATH & PLASTER, INC. – LATHING &
        PLASTERING CONTRACTOR #52813, C-17 – RENO, NV
6-C 14. OAKCREST LANDSCAPING & IRRIGATION, INC.           –
        LANDSCAPE CONTRACTOR #22908, C-10 – RENO, NV
6-C 15. OSTRANDER ROOFING – ROOFING CONTRACTOR #54446,
        C-15 – SPARKS, NV
6-C 16. POOCHY’S POOP ‘N’ SCOOP – 811 G STREET – FERNLEY NV
        – APN 20-233-01
6-C 17. RUN AROUND DOG WALKING – DOG WALKING - P.O BOX 67
        – FERNLEY, NV - APN 20-762-05
6-C 18. TERESA’S SHINE – HOUSE CLEANING SERVICE – RENO, NV
6-C 19. TRAIL’S END RV & MOBILE HOME PARK – 100 DALLAS
        STREET – FERNLEY, NV – APN 020-113-01



        FCC 10/6/04            Page 9 of 24
        6-C 20. TRI-VALLEY COURIER/HUGH HEATH – COURIER & MOBILE
                NOTARY SERVICE – 260 EMIGRANT WAY – FERNLEY, NV –
                APN 20-852-04
        6-C 21. VENTURE ELECTRIC, INC. – ELECTRICAL CONTRACTOR
                #44521, C-2 – RENO, NV
        6-C 22. WATSON ELECTRIC – ELECTRICAL CONTRACTOR #40300,
                C-2 – SPARKS, NV
6-D.   ADDRESS LIQUOR LICENSE FOR CHAMBER OF COMMERCE’S FUND
       RAISING EVENT – SEPTEMBER 25-26, 2004 – AT THE OUT-OF-TOWN
       PARK.
6-E.   ADDRESS REQUEST BY CTI, INC. FOR 21 WATER AND 21 SEWER
       WILL-SERVES FOR SILVER MAPLE ESTATES SUBDIVISION;
       LOCATED ON FARM DISTRICT ROAD, EAST OF BROWNIE LANE;
       APN 20-691-01.
6-F.   ADDRESS REQUEST BY CTI, INC. FOR 113 WATER AND 113 SEWER
       WILL-SERVES FOR SUNDANCE SUBDIVISION, PHASE 2; LOCATED
       ON SHADOW LANE & STEVEN WAY; APN 21-291-04.
6-G.   ADDRESS SAGE VALLEY ESTATES PHASE 4 FINAL SUBDIVISION
       MAP, CREATING 55 SINGLE FAMILY PARCELS, THE SMALLEST
       BEING ONE-HALF ACRE, LOCATED SOUTH OF THE TRUCKEE
       CANAL; APN 20-961-02.

6-H.   ADDRESS CORRECTION FROM 8/15/04 MEETING - RESOLUTION
       NUMBER FOR ESTABLISHING A FUND FOR ALTERNATIVE WATER
       SYSTEM WAS CORRECTED FROM #004-08 TO #04009.

6-I    ADDRESS UPLAND RANCH PHASE 8 (AKA PONDEROSA) FINAL
       SUBDIVISION MAP, CREATING 106 SINGLE-FAMILY PARCELS;
       LOCATED SOUTH OF FARM DISTRICT ROAD, ACROSS FROM
       WINNIE’S LANE; APN 21-321-07.

6-J    ADDRESS SIERRA VISTA PHASE 4 FINAL SUBDIVISION MAP,
       CREATING 17 SINGLE-FAMILY PARCELS, THE SMALLEST BEING
       12,000 SQUARE FEET, LOCATED NORTH OF COTTONWOOD LANE
       AND EAST OF HARDIE LANE; APN 21-121-07.

6-K    ADDRESS TRUCKEE RIVER RANCH PLANNED DEVELOPMENT
       PHASE 1 FINAL SUBDIVISION MAP, CREATING 144 SINGLE-FAMILY
       PARCELS, THE SMALLEST BEING 9,000 SQUARE FEET AND 10
       ACRES OF OPEN SPACE; LOCATED BETWEEN FARM DISTRICT
       ROAD AND THE TRUCKEE CANAL, ACROSS FROM COUNTRY
       RANCH DRIVE; APN 21-301-33.




               FCC 10/6/04          Page 10 of 24
         After discussion, Joe Mortensen MOVED TO ACCEPT THE CONSENT

         AGENDA AS LISTED ON THE AGENDA FOR OCTOBER 6TH INCLUDING

         THE MINUTES OF 9/7/04 AND 9/15/04. Curt Chaffin seconded. Motion

         carried 4-0-1. Richard Jones abstained.

7. PUBLIC HEARING:
   7-1   ADDRESS ADOPTION OF BILL #53 AS AN ORDINANCE
         ESTABLISHING LANDSCAPE MAINTENANCE DISTRICTS AND OTHER
         MATTERS PROPERLY RELATED THERETO.
         Pete Wysocki stated there are no changes to the report. After discussion,

         Joe Mortensen MOVED TO ADOPT BILL #53 AS AN ORDINANCE,

         AMENDING CITY DEVELOPMENT CODE, PART III TO INCLUDE

         CHAPTER       37   PERTAINING       TO     THE    ESTABLISHMENT       OF

         MAINTENANCE DISTRICTS. Ralph Menke seconded. Curt Chaffin

         inquired about the language used in the first sentence of # 2, on page 46,

         Chapter 37.040, item A. Pete stated he will address the issue after the

         meeting with Curt. Motion carried 5-0-0.

   7-2   ADDRESS ADOPTION OF BILL #55 AS AN ORDINANCE CHANGING
         THE MASTER PLAN LAND USE CLASSIFICATION OF APNS 21-061-04
         & 24 FROM TOURIST COMMERCIAL TO COMMERCIAL AND
         APPROXIMATELY 25.63 ACRES OF APN 21-061-22 FROM TOURIST
         COMMERCIAL TO COMMERCIAL; APPLICANT OWNER LUDWIG
         FAMILY TRUST; LOCATED WEST OF HWY 427 AT COMMERCE
         CENTER.
         Pete Wysocki stated there are no changes to the report. After discussion,

         Curt Chaffin MOVED TO ADOPT BILL #55, AS AN ORDINANCE,

         CHANGING THE MASTER PLAN LAND USE CLASSIFICATION OF

         PARCELS IDENTIFIED AS APNS 21-061-04 AND 24 FROM TOURIST

         COMMERCIAL         TO    COMMERCIAL,        AND       THE   LAND     USE



                   FCC 10/6/04                 Page 11 of 24
      CLASSIFICATION OF APPROXIMATELY 25.63 ACRES OF A PARCEL

      IDENTIFIED AS APN 21-061-22 FROM TOURIST COMMERCIAL TO

      COMMERCIAL, AS ILLUSTRATED IN “ EXHIBIT A” IN TONIGHT’S

      AGENDA ITEM #7-2. Ralph Menke seconded. Motion carried 5-0-0.

7-3   ADDRESS PROPOSAL OF BILL #57 AS AN ORDINANCE, CHANGING
      THE MASTER PLAN LAND USE CLASSIFICATION OF A 28-ACRE
      PARCEL (APN 21-071-03) FROM INDUSTRIAL AND COMMERCIAL TO
      ALL   COMMERCIAL,      AND    CHANGING   THE    LAND     USE
      CLASSIFICATION OF A 156 +/- ACRE PARCEL (APN 21-041-03) FROM
      20 ACRES OF COMMERCIAL, 107 ACRES OF MEDIUM DENSITY
      RESIDENTIAL AND 29 ACRES OF HIGH DENSITY RESIDENTIAL TO
      AN APPROXIMATE MIX OF 1 ACRE COMMERCIAL, 136 ACRES OF
      MEDIUM DENSITY RESIDENTIAL AND 19 ACRES OF HIGH DENSITY
      RESIDENTIAL; OWNER: JACKSON FAMILY TRUST; LOCATED SOUTH
      OF MAIN STREET, BETWEEN MILLER LANE AND STOCK LANE.

      Pete Wysocki stated there are no changes to the report. Joe Mortensen

      disclosed the fact that he farms and leases the property and left the

      meeting room. After discussion, Curt Chaffin MOVED TO PROPOSE BILL

      #57, AS AN ORDINANCE, CHANGING THE LAND USE CLASSIFICATION

      OF A PORTION OF A 27.9-ACRE PARCEL APN 21-071-03 FROM

      INDUSTRIAL TO ALL COMMERCIAL AND CHANGING THE LAND USE

      CLASSIFICATION OF A 156-ACRE PARCEL APN 21-041-03 FROM AN

      APPROXIMATE MIX OF 20 ACRES OF COMMERCIAL, 107 ACRES OF

      MEDIUM DENSITY RESIDENTIAL AND 29 ACRES OF HIGH DENSITY

      RESIDENTIAL TO AN APPROXIMATE MIX OF 1 ACRE COMMERCIAL,

      136 ACRES OF MEDIUM DENSITY RESIDENTIAL, AND 19 ACRES OF

      HIGH DENSITY RESIDENTIAL, AS ILLUSTRATED IN “EXHIBIT A” IN




               FCC 10/6/04              Page 12 of 24
      TONIGHT’S AGENDA ITEM #7-3. Ralph Menke seconded. Motion carried

      4-0-1. Joe Mortensen abstained.


7-4   ADDRESS PROPOSAL OF BILL #58 AS AN ORDINANCE, ANNEXING A
      PORTION OF PARCEL 21-242-04 INTO THE CITY OF FERNLEY;
      OWNER    SONTERRA   DEVELOPMENT;     APPLICANT   SUMMIT
      ENGINEERING; AND OTHER MATTERS PROPERLY RELATED
      THERETO.

      Pete Wysocki stated there are no changes to the report. After discussion,

      Joe Mortensen MOVED TO PROPOSE BILL #58, AS AN ORDINANCE,

      ANNEXING A 13.6-ACRE PORTION OF A PARCEL NUMBER 21-242-04

      INTO THE CITY OF FERNLEY. Curt Chaffin seconded. Motion carried 5-0-

      0.


      Break between 7:20 p.m. and 7:34 p.m.


7-5   ADDRESS REQUEST BY AMERICAN READY MIX FOR A SPECIAL USE
      PERMIT FOR THE OPERATION OF A CONCRETE BATCH PLANT AND
      CONCRETE RE-CYCLING ON TWO ADJACENT PARCELS, OWNED BY
      LBK & VW (WIN LOGAN), TOTALING 17.2 ACRES; LOCATED WITHIN
      THE M-1 (GENERAL INDUSTRIAL) ZONING DISTRICT. LOCATED AT
      345 WINSTON STREET, SOUTH OF LOGAN LANE AND EAST OF
      WINSTON STREET. APNS 21-071-22 & 23.

      Pete Wysocki stated staff’s recommendation is to leave the privately owned

      portion of Logan Lane as is. He stated staff’s recommended conditions

      include:


          Increased landscaping along the front.


          Dust control on the property.


          Storage of raw materials within a three-sided structure with a roof.



                 FCC 10/6/04                  Page 13 of 24
   Project is to participate in the installation of a traffic signal on Logan

    Lane if Nevada Department of Transportation (NDOT) approves one.


Ralph Menke inquired if the provisions of the Special Use Permit (SUP)

include: an annual review for compliance regarding air quality regulations

and safety concerns. Pete stated the SUP conditions do not include an

annual review. However, the Council has the authority to revoke a SUP in

the event the project does not comply with the conditions. He stated the

Nevada Division of Environmental Protection (NDEP) will regulate and

issue the air quality permit.


Joe Mortensen inquired if consideration has been given to the noise from

the facility. Pete stated the truss plant and the railroad buffer the facility

noise from the residential neighborhood. Monte Martin stated noise and

dust issues are critical. He inquired if the hours of operation will be

concurrent with NDEP hours in case there are complaints. Pete stated

NDEP regulates two other facilities in the City and conducts inspections

every six months. Mayor Stix pointed out NDEP penalized one of the local

24-hour cement facilities at the time the City became incorporated.


George Del Carlo, representing American Ready Mix, stated the firm

operated a concrete batch plant in Fernley for approximately 5 years. He

stated the hours of operation for the crushing and recycling operations will

be between 7:00 a.m. and 5:00 p.m. He stated there will be times the




           FCC 10/6/04                 Page 14 of 24
concrete operation will have to start earlier than 7:00 a.m. because of the

weather, temperature, and demand.


Mr. Del Carlo stated the NDEP regulations regarding air pollution and air

quality standards are very strict. He stated the facility personnel will have to

monitor and provide annual reports to NDEP and NDEP can inspect the

facility at any time. The proposed batch plant will be located on the northern

portion of the property, which will isolate the facility and provide a 200-foot

buffer zone for noise abatement.


Mr. Del Carlo stated there is an issue with condition #1, which involves a

roof on the 3-sided structure. He stated the roof will interfere with the

telescopic conveyor belt, which moves the material from the hopper into a

pile. He stated there are water sprayers on all three sides to mitigate dust

and moisten the material. The Council discussed the issue regarding the

structure’s roof and the height of the material piles. After discussion, the

consensus of the Council was to allow the applicants to have a 3-sided

structure with west wall at 16’ high and other two walls at 14’ high, without a

roof.


After discussion, Ralph Menke MOVED TO APPROVE SPECIAL USE

PERMIT APPLICATION SUP 04-04, ALLOWING THE OPERATION OF A

BATCH PLANT AND CONCRETE RECYCLING FACILITY, BASED ON

THE FINDINGS LISTED IN THE PLANNING COMMISSION STAFF

REPORT,      SUBJECT       TO    THE    ATTACHED        CONDITIONS,       AND



           FCC 10/6/04                  Page 15 of 24
      INCLUDING THE ADDITIONAL HEIGHT ON THE WALLS. Joe Mortensen

      seconded. Ralph Menke amended the motion to include: AND INCLUDING

      THE REMOVAL OF THE ROOF. Monte pointed out truck traffic over dirt

      roads creates a lot of dust. Motion carried 4-0-1. Monte Martin opposed.


7-6   ADDRESS REQUEST BY SAGE RANCH ESTATES, LLC ( JAMES A.
      CUTLER) FOR A ZONING MAP AMENDMENT TO CHANGE THE
      ZONING OF APPROXIMATELY 65 ACRES ON HIS TWO ADJACENT
      PARCELS, (TOTALING APPROXIMATELY 276 ACRES) FROM RR-1
      (RURAL RESIDENTIAL, 1 ACRE) TO RR ½ (RURAL RESIDENTIAL, ½-
      ACRE). LOCATED SOUTH OF THE TRUCKEE CANAL AND WEST OF
      THE SAGE VALLEY VIEW SUBDIVISION. APNS 21-251-02 & 21-511-01

      Lorrie Chase stated the applicant is requesting to move some of the rural

      residential zoning from one location to another on two parcels. Monte

      Martin inquired if there will be a change in the density. Lorrie stated there

      will not be a change in the density. Jim Cutler, applicant, stated the project’s

      density will be reduced from approximately 305 units to 220 units. After

      discussion,   Curt   Chaffin   MOVED      TO    APPROVE       ZONING      MAP

      AMENDMENT APPLICATION, ZMA 04-13, TO CHANGE THE ZONING OF

      A 65-ACRE PORTION OF TWO PARCELS IDENTIFIED AS APN 021-511-

      001 AND 021-521-002 FROM RR-1 TO RR-1/2, BASED ON THE

      DISCUSSION       AND     FINDINGS      PROVIDED        IN   THE    PLANNING

      COMMISSION REPORT IN TONIGHT’S ITEM #7-6. Ralph Menke

      seconded. Motion carried 5-0-0.


7-7   ADDRESS REQUEST BY RAY ESPINOZA FOR A ZONING MAP
      AMENDMENT TO CHANGE THE ZONING OF HIS 7,000 SQUARE FOOT
      PARCEL FROM NR-2 (MULTIPLE RESIDENCE NON RURAL
      RESIDENTIAL, 8,000 SQUARE FEET) TO C-1 (LIMITED COMMERCIAL).
      LOCATED AT 80 N. CENTER STREET. APN 20-015-01.


                 FCC 10/6/04                  Page 16 of 24
      Lorrie Chase stated Mr. Espinoza has submitted a letter separate from the

      staff report apologizing for his absence to the Council. She stated the

      applicant is requesting to change the existing zoning on a parcel in order to

      build a professional office building. After discussion, Joe Mortensen

      MOVED TO APPROVE ZONING MAP AMENDMENT APPLICATION, ZMA

      04-21, CHANGING THE ZONING OF A PARCEL IDENTIFIED AS APN

      020-015-001 FROM NR-2 MULTIPLE RESIDENTIAL TO C-1 LIMITED

      COMMERCIAL        BASED     ON     THE    DISCUSSION       AND    FINDINGS

      PROVIDED IN THE PLANNING COMMISSION STAFF REPORT. Ralph

      Menke seconded. Motion carried 5-0-0.


7-8   ADDRESS REQUEST BY JACK N. TEDFORD III & NANCY J. TEDFORD
      FOR A ZONING MAP AMENDMENT TO CHANGE THE ZONING OF
      THEIR 124.7-ACRE PARCEL FROM RR-3 (RURAL RESIDENTIAL, 5
      ACRES) TO E-1 (FIRST ESTATES RESIDENTIAL, 12,000 SQUARE
      FEET). LOCATED AT THE SOUTHEAST CORNER OF DESERT
      SHADOWS LANE AND HIGHLAND DRIVE, SOUTH OF THE TRUCKEE
      CANAL. APN 21-501-04

      Lorrie Chase stated a portion of the project site is currently a gravel

      excavating operation, which is coming to the end of its economic feasibility.

      She stated the property is currently Master Planned Medium Density,

      however, there may be environmental concerns. Lorrie stated staff is

      recommending a denial of the project due to the total lack of infrastructure,

      which includes: unimproved roads, city utility services, or public facilities.

      Curt Chaffin inquired about the environmental concerns staff has. Pete

      stated the nature of the soil has been disturbed with the gravel excavation.




                FCC 10/6/04                  Page 17 of 24
He stated geotechnical investigations will be required to determine if the soil

is sufficient to carry the load capacity of the homes.


Dennis Smith of Western Engineering, representing the applicant, stated

this is a land use application and not a tentative subdivision map. He stated

at the time the City incorporated Mr. Tedford was asked to annex into the

City. He stated with the annexation the applicant has experienced the

burden of paying higher taxes.


Jack Tedford, applicant, stated he did not realize how complicated it would

be to rezone the property to match the Master Plan. He stated it is obvious

with the development in Fernley the option is there to convert it into

residential property. He stated with the proposed density the cost justifies

the expense in providing the necessary infrastructure. He stated the

property does not have environmental problems.


Monte Martin inquired about the legal implications if the City approves the

request. Paul Taggart stated if the developer gets the density then all

issues of developing that property will be addressed with other policies that

are in place. He stated there is no obligation on the City to make it possible

for someone to build on a piece of property. He stated the developer will

have the expense of developing the property. After discussion, Joe

Mortensen MOVED TO DENY ZONE CHANGE APPLICATION, ZMA 04-

22, BASED ON THE DISCUSSION AND FINDINGS PROVIDED IN THE




           FCC 10/6/04                  Page 18 of 24
            ATTACHED PLANNING COMMISSION REPORT. Ralph Menke seconded.

            Motion carried 4-0-1. Curt Chaffin opposed.


  7-9       ADDRESS REQUEST BY BRYAN AND KIMBERLY MAGAZU FOR A
            ZONING MAP AMENDMENT TO CHANGE THE ZONING OF THEIR 5.81-
            ACRE PARCEL FROM RR-3T (RURAL RESIDENTIAL, 5 ACRE WITH
            TRAILER OVERLAY) TO RR-1 (RURAL RESIDENTIAL, ONE ACRE).
            LOCATED AT 1000 JESSICA LANE. APN 21-303-03.

            After discussion, Curt Chaffin MOVED TO APPROVE ZONING MAP

            AMENDMENT APPLICATION, ZMA 04-23, CHANGING THE ZONING OF

            A PARCEL IDENTIFIED AS APN 021-303-030 FROM RR-3T TO RR-1,

            BASED ON THE DISCUSSION AND FINDINGS PROVIDED IN THE

            PLANNING COMMISSION REPORT IN TONIGHT’S AGENDA ITEM # 7-9.

            Ralph Menke seconded. Motion carried 5-0-0.


8. ADDRESS DEVELOPMENT OF 17 ACRE PARK SOUTH OF THE OUT-OF-
   TOWN PARK, INCLUDING PURCHASE/INSTALLATION OF PLAYGROUND
   EQUIPMENT FROM MIRACLE EQUIPMENT COMPANY/JET CONSTRUCTION
   COMPANY AND PLANNING & DEVELOPMENT OF PLAYING FIELD AREA
   WITH A BID PROCESS FOR IRRIGATION AND LANDSCAPING.

  Gary Bacock stated there are two parts relating to development of the 17 acre park

  on the south side of the Out-of-Town Park, which include:


   The purchase of the playground equipment from Miracle Equipment Company,

        which will be constructed by Jet Construction.


   Planning and development of playing field area with a bid process for irrigation

        and landscaping.




                       FCC 10/6/04                 Page 19 of 24
Gary stated the playground equipment will be showcased at the National Parks and

Recreation Show in Reno next week. Miracle designed the showcase model and

has made a unique offer to the City with two options, which include:


 A larger scale model for the discounted price of $67,905.00, with a fully installed

   price of $99,412.60, which will include: wood fiber safety surfacing, fabric, and

   slide exit mats; border timers, and installation. The City will save $28,000.00 in

   freight and discount.


 A smaller scale model for the discounted price of $46,375.00, with a fully

   installed price of $71.732.60, which will include: wood fiber safety surfacing,

   fabric, and slide exit mats; border timers, and installation. The City will save

   $19,500.00 in freight and discount.


Gary stated if one of the two options is approved, then the completion of the

installation will be approximately the 1st week in November. Keith Gottchalks,

representative of Miracle Recreation Equipment Company, explained the equipment

design and the wood fiber safety surfacing to the Council. He stated the equipment

meets all ASTM Standards and is handicapped compliant. He stated the equipment

has a 30-year life expectancy and the wood fiber safety surfacing has a 5-year

warranty.


After discussion, Curt Chaffin MOVED TO APPROVE FOR THE AREA

CURRENTLY CALLED THE 17-ACRE PARK THE PURCHASE OF PLAYGROUND

EQUIPMENT FROM MIRACLE RECREATION EQUIPMENT COMPANY IN THE

AMOUNT OF $73,512.60 FOR THE COMPLETE KIDDIE PARK EQUIPMENT,


                  FCC 10/6/04                  Page 20 of 24
  AND AUTHORIZE STAFF TO ADVERTISE THAT FOR $25,900.00 JET

  CONSTRUCTION LLC WILL BE INSTALLING THE MIRACLE EQUIPMENT AND

  ADDRESS THAT APPROVAL OF AWARD AT THE OCTOBER 20 TH COUNCIL

  MEETING. Ralph Menke seconded. Motion carried 5-0-0.


  Gary Bacock stated staff is working on estimates to develop approximately 10-acres

  of the area currently called the 17-Acre Park. He explained the layout of the park,

  which includes: a kiddie park, 5-acre pasture camping area for rodeo events,

  several fields to be used for soccer, football, carnivals, and dog shows. He stated

  there will be a water retention pond for irrigation of the park. He stated staff

  estimates the cost for the complete installation of irrigation and sod will be

  approximately $.95 to $1.00 per square foot. The Council discussed the issues

  regarding the water retention pond and the cost options regarding sod,

  hydroseeding, and seeding. Mayor Stix stated the water retention pond should be

  large enough to irrigate both the Out-of-Town Park and the 17-Acre Park. After

  discussion, Joe Mortensen MOVED TO AUTHORIZE STAFF TO GO TO BID THE

  PLAYING FIELD PROJECT OF IRRIGATION AND SOD. Curt Chaffin seconded.

  Motion carried 5-0-0.


9. ADDRESS EQUIPMENT AND FACILITY EXPENDITURES, INCLUDING
   PURCHASE OF USED LIFT FOR PARK USE FROM CC ELECTRIC IN THE
   AMOUNT OF $6,000.00 AND REMODEL OF BUILDING OR PURCHASE OF
   OFFICE/STORAGE BUILDING FOR THE OUT-OF-TOWN PARK.

  Gary Bacock stated there are two parts to this agenda item. The first part regarding

  the equipment and facility expenditures, including the purchase of the used lift from

  CC Electric has been delayed. He stated the second part is the issue regarding the



                    FCC 10/6/04                  Page 21 of 24
   remodeling of the building and/or purchase of office/storage building for the Out-of-

   Town Park. Gary stated CXT is the manufacturer for the record retention building

   that will be located next to City Hall. He stated the building for the Out-of-Town Park

   will need electricity and telephone line; however, it will be used mainly for storage

   and for the Parks Supervisor. However, the office portion would only be used 1-2

   hours per day. Gary pointed out the CXT building will be vandal resistant. The

   Council discussed the issues regarding the expense of remodeling of the existing

   building or purchasing a CXT office/storage building. After discussion, Curt Chaffin

   MOVED TO APPROVE THE PURCHASE OF AN ADDITIONAL CXT STORAGE

   BUILDING TO BE USED BY THE RODEO GROUNDS AT THE OUT-OF-TOWN

   PARK IN ACCORDANCE WITH TONIGHT’S ITEM # 9. Ralph Menke seconded.

   Motion carried 5-0-0.


10. ADDRESS SELECTION OF PUBLIC WORKS INSPECTION SERVICE FIRM.

   Pete Wysocki stated staff had two options relating to the issue, which included:

   Hire in-house staff to conduct inspections.

   Hire an inspector from an outside firm.

  He stated currently the engineers designing the developments are the inspectors,

  which creates a conflict of interest. He stated four firms have submitted contract bids

  for the position. However, one of the firms did not meet the qualifications because of

  their former affiliation with CTI Engineering. Pete stated he discussed the issue with

  Marty Ugalde of V-Point Engineering and decided Construction Inspection

  Associates (CIA) was the most qualified. He stated the City will collect the firm’s fee

  from the developers. After discussion, Joe Mortensen MOVED TO SELECT



                      FCC 10/6/04                  Page 22 of 24
  CONSTRUCTION           INSPECTION        ASSOCIATES         FOR     PUBLIC      WORKS

  INSPECTION SERVICES, AND AUTHORIZE STAFF TO ENTER INTO CONTRACT

  NEGOTIATIONS AND DIRECT STAFF TO BRING BACK THE FINAL CONTRACT

  AND PRICE FOR THE COUNCIL APPROVAL. Curt Chaffin seconded. Motion

  carried 5-0-0.


11. ADDRESS RESOLUTION #04-010 REGARDING GRANT APPLICATION FOR
    TRANSPORTATION ENHANCEMENT ACT FOR THE 21st CENTURY (TEA 21)
    TO IMPROVE THE FERNLEY DEPOT.

   Removed from the agenda.

12. ADDRESS ESTABLISHMENT OF UTILITY LATERAL MAINTENANCE POLICY.

   Paul Taggart stated he put the agenda item approved at the September 1 st, 2004

   City Council meeting into a policy form. Rick Jones inquired how the new policy

   changes the current policy. Paul stated there has not been a written policy and the

   Public Works Department has handled situations on a case-by-case basis.


   Rick Jones inquired if there has been a record of occurrences. Gary stated there

   have been a few customer requests for reimbursement in the past, however, all the

   requests were denied. He stated the City does not know how many actually

   occurred without a request. Curt Chaffin inquired if a permit is required in order to fix

   a problem. Gary stated a permit is required, however, the issue will have to be

   researched. The      Council discussed      the    policy regarding    the   customer’s

   responsibilities of paying to repair the streets versus the City’s responsibilities,

   which included: financial burdens and liability issues. After discussion, the

   consensus of the Council was for staff to investigate other jurisdiction policies and

   bring the issue back to the Council.


                      FCC 10/6/04                    Page 23 of 24
13. ADDRESS REQUEST (S) FOR FUTURE AGENDA ITEMS.

    Richard Jones stated a letter of appreciation should be sent to Patty Hardwick for

    her interest in the City Council position.


    After discussion, the consensus of the Council was to address the following items

    on future agendas:


     The Fernley Sanitation Company notification of pickup schedule changes and

      attend a future Council meeting.


     Mayor Stix’s salary.


14. ADJOURNMENT.

There being no further business to come before it, the meeting adjourned at 11:35 p.m.
Approved by the Fernley City Council on _____________,
by a vote of ___ ___ ___.

                                                 _________________________________
                                                          Mayor David Stix, Jr.
_______________________________
ATTEST: City Clerk Patricia Norman




                        FCC 10/6/04                  Page 24 of 24

								
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