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June 14, 2004 The regular meeting of the Yerington City Council was held in the Council Chambers at 7:00 p.m. with the following present: Mayor Doug Homestead Council Members George Dini, Dave Robinson, Madeline Sanford, Bill Vicencio City Attorney Chuck Zumpft City Manager Dan Newell City Clerk Colleen Castello Public Works Director Roy McDonald Absent: Assistant City Clerk Janet Sanderson Police Chief Rod Pellegrini GUESTS: Patrick Abernathy, Charlie Cockerill, Rick Christian, Debby Howard, Becky Smith, Bob Arrigoni, Francis Stastny, Ron Stock, Ron Church, Craig Buchholz, Doug Smith, Phyllis Hunewill, George O’Keefe, Art & Debra Gravenstein, John Schlegelmilch, Steve Tognoli, and Jack Sypolt 7:00 p.m. to 7:20 p.m. - Closed Labor Session with the City’s Management Representatives to Review the Status of Labor Negotiations Pursuant to NRS 288.220. Mayor Homestead opened the meeting and explained there was no action taken in the closed session with the city’s management representatives who reviewed the status of labor negotiations. Agenda Approval Councilwoman Sanford made a motion to approve the agenda with #8 removed seconded by Councilman Robinson and passed unanimously. . Minutes Minutes of May 18th and 24th 2004 were approved as presented by motion of Councilman Vicencio seconded by Councilman Dini passed unanimously. Renewal Proposal from Nevada Public Agency Insurance Pool-Approval of Invoice for Payment from Fiscal Year 2004-05 Funds George O’Keefe, O’Keefe Insurance Agency, and Doug Smith of the Nevada Public Agency Insurance Pool, presented the renewal proposal for fiscal year 2004-05. Mr. O’Keefe explained the renewal increased $237.55 to $61,283.00 with no changes in coverage. Councilman Robinson made the motion to approve the insurance renewal proposal for fiscal year 2004-05 and approve the invoice for payment July 1, 2004. The motion was seconded by Councilman Vicencio and passed unanimously. Business Licenses The following business license applications were presented for review and approval: a. Richard Massey dba Subway #32040, Fast Food Restaurant, 198 W. Goldfield Ave., Yerington, Nevada. b. Keith H. Stauffer dba Stauffer Lawn Service, 7 Pinto Drive, Yerington, Nevada. c. Samuel & Beatriz Rubio dba Rubio’s Lawn Service and Handy Man, 6 Scarsdale Dr., Yerington, Nevada. d. William Stone, M. F. Barcellos, Inc. dba Mason Valley Auto Body, Paint & Body Shop, 615 W. Bridge St., Yerington, Nevada. e. Tom West dba Silver City Inc., Sales of Kirby Vacuum Cleaners, Carson City, Nevada. f. Roger Steven Mantz dba Pacific Frontier Inc., Kirby Vacuum Service & Sales, Incline Village, Nevada. g. Discussion and Possible Action on Non-payment of Fees Don Straw Home Repair. Councilman Vicencio made the motion to approve business license applications “a” through “f” as presented seconded by Councilwoman Sanford and passed unanimously. City Manager Dan Newell explained “g” that the business license fees for Don Straw Home Repair is past due four quarters. Councilman Dini made the motion to revoke the business license of Don Straw Home Repair for non-payment of fees seconded by Councilman Robinson and passed unanimously. Report from Staff on Progress of Mine Remediation, Publicity Concerning Well Water Art Gravenstein from the Nevada Department of Environmental Protection was present to advise they have been sampling domestic wells and offered to sample anybody’s well that is within a reasonable distance of the mine. When they first detected uranium in domestic wells, there were 27 and now they are up to 93. If you look at the wells and the distribution of uranium, there is no rime or reason and not sure if they will ever know. The action plan that NDEP unilaterally did when they first discovered the uranium was they felt they needed to react immediately in the best interest of the community. The plan was to sample these domestic wells for four months to try and find out if there is a consistent reading on these wells. Meanwhile, they asked for assistance from an EPA “problem solver”, who does computer modeling and calculations for contaminant transport. Is this uranium from the mine or natural occurring? He has gone on record in the paper and in letters that their initial opinion is that the uranium is naturally occurring. However, they need to determine what the source of the uranium is. Regardless of how the uranium got there, they have to help the public deal with the situation. They have finished the fourth four month sampling and the May results are out, which will be hand delivered within the next couple of days. The June results will be in about two weeks. Then they need to decide what they will do with this information. Their responsibility to this community is to give the information is a timely manner. Mayor Homestead felt the state was doing a great job. City Manager Newell recommended the city prepare a resolution requesting Atlantic Richfield manage and pay for public information and come up with a community information plan. Mayor Homestead felt this was a good recommendation and requested this resolution be put on the next agenda. Planning Commission Minutes of June 7, 2004 Harvey & Mandy Glazier Change of Land Use from R-1 to R-C at 30 Meadow Drive and Special Use Permit to allow them to operate a child care facility The Planning Commission reviewed the request to change the zone from R-1 to R-C at 30 Meadow Drive. The applicants wish to operate a child care facility from this residence. There were several adjacent property owners in attendance that voiced disapproval as well as several that were in favor. The Planning Commission recommendation to the City Council was for denial of the request to change the zone at 30 Meadow Drive. Councilman Vicencio made the motion to accept the Planning Commission recommendation and deny the request from Harvey and Mandy Glazier for a Change of Land Use and Special Use Permit. The motion was seconded by Councilwoman Sanford and passed unanimously. Etalo Lommori Trust & Ron Stock, Special Use Permit to Operate a Light Manufacturing Business at 607 So. Main St. The Planning Commission reviewed the request for a Special Use Permit from Ron Stock to operate a light manufacturing business at 607 So. Main Street. The Planning Commission recommendation to the City Council was for approval of the request for a Special Use Permit subject to Mr. Stock complying with Mason Valley Fire District’s requirements. Councilwoman Sanford made the motion to accept the Planning Commission recommendation and approve the Special Use Permit for Etalo Lommori Trust and Ron Stock at 607 So. Main Street subject to compliance with the Mason Valley Fire District requirements. The motion was seconded by Councilman Robinson and passed unanimously. Anthony D’Antonio Parcel Map Application to Split Parcel No. 01-221-18 213 So. Main Street The Planning Commission reviewed a Parcel Map Application for Anthony D’Antonio to split the parcel at 233 So. Main Street. Apparently, previously the split was done by deed alone; therefore, the split at that time was illegal. The intention of the applicant is to rectify this split. The Planning Commission recommended approval of the Parcel Map application with the condition the applicant secure sewer and water easements and address the fire issues per the letter from the Mason Valley Fire Protection District. Councilman Dini made the motion to accept the Planning Commission recommendation to approve the Parcel Map application for Anthony D’Antonio at 233 So. Main Street with the condition they secure water and sewer easements and address the fire issues per the letter from the Mason Valley Fire Protection District. The motion was seconded by Councilman Robinson and passed unanimously. Read in Full Ordinance No. 04-04 Mayor Homestead asked if all council members have read in full Ordinance No. 04-04 “an ordinance amending the Yerington City Code Title 5 Police Regulations, Chapter 4 Animal Control, Section 4-A-2 Animals Not Permitted, and other matters properly relating thereto.” Councilman Dini proposed this ordinance on May 24, 2004 and all council members advised they have read in full this ordinance. Councilman Vicencio made the motion to adopt Ordinance No. 04-04 as corrected seconded by Councilman Dini and passed unanimously. Read by Title Bill No. 359 Ordinance No. 04-05 Mayor Homestead read by title Bill No. 359 Ordinance No. 04-05 “an ordinance amending Title 10 Zoning Regulations, Chapter 1 Title; Purpose; Definitions; Section 10- 1-3 Definitions adding Required Area Residential Industry; amending Chapter 4 Residential Districts, Section 4A-3 R-1 Single Family Residence Districts Special Uses and Section 4B-3 R-2 Limited Multiple Residence Districts Special Uses; amending Chapter 6 Commercial Districts, Section 6B-4 C-2 General Commercial Districts Special Uses; and other matters properly relating thereto.” City Manager Dan Newell explained currently the city does not have a residential industry use for home occupation in R-1 and R-2 zones, which this amendment will make it possible by Special Use. In addition, light manufacturing will be added to C-1 zones by Special Use. This allows some flexibility to allow certain manufacturing operations in a C-1 zone. Councilman Robinson proposed this ordinance amendment to be read in full at the next regular City Council meeting. Debt Management Report for 2004-05 City Manager Dan Newell explained this is the annual report that will be sent to the Debt Management Committee with Lyon County and the Department of Taxation. Councilwoman Sanford made the motion to approve the 2004-05 Debt Management Report as submitted seconded by Councilman Vicencio and passed unanimously. Park & Recreation Board Recommendations for Ball Field Scheduling & Key Deposit City Manager Dan Newell explained the Park & Recreation Board met on May th 26 and made the following recommendations: 1. Ball Field Scheduling: Approval of the tournament schedule and the Hispanic league schedule. 2. Ball Field Key Inventory: Approval of a $20.00 deposit for each key that is issued to any coach. The fields need to be re-keyed because of the large number of keys that have not been returned. Public Works is now keeping track of and issuing keys. Roy McDonald, Public Works Director, further explained that at the beginning of each season, the President of the Little League will submit a list of who is allowed to have a key. In addition, they have offered to re-key all the ball fields again, which two years ago the city re-keyed and now there are over 300 keys out and cannot get them back. Councilwoman Sanford made the motion to charge a $25.00 fee for the key, which $20.00 will be refunded when the key is returned, and approve the Ball Field Scheduling. The motion was seconded by Councilman Robinson and passed unanimously. Hangar Lease #317 for Lee Cardoza City Manager Dan Newell explained this lease is the standard non-FBO lease and the only difference is the shape of the proposed hangar. Mr. Cardoza has requested permission to build an L-Hangar, which will fit on the property, instead of a T-Hangar. Councilman Vicencio made the motion to approve the hangar lease for Lee Cardoza as presented seconded by Councilman Robinson and passed unanimously. Hangar Lease for Jim and Connie Denning at #2 Airport Way City Manager Dan Newell explained that Mr. & Mrs. Denning have requested a lease on airport property to build a 10’ x 20’ drive-through coffee and ice cream shop as shown on Exhibit A. This lease is basically the same as for a hangar lease except for the price, which is $150.00 per month for the first six months and then $200.00 per month until the first CPI increase after five years. City Attorney Zumpft has reviewed the lease and made some changes. Councilwoman Sanford questioned why this location since it would be right between McDonald’s and the Hangar Café where you can get ice cream too. Jack Sypolt, representing a group of the leaseholders (including himself) of airport property who have reviewed this and don’t think that it fits in with the intended use of the airport at this time. There is already a restaurant that sells coffee and ice cream at the airport. They have in the last year spent a considerable amount of time and money in improving that restaurant and really have brought a lot of activity to this airport. The best price on aviation fuel within five hundred miles has also brought a lot activity to the airport. I think this Coffee Stop would conflict with their business as well as the concern of traffic in that area, airport movements that may go on particularly Continental Air Flights and also Yerington Aero a Fixed Base Operator. He is not against free enterprise and made the suggestion that possibly they could move it across the street in the area of the athletic fields or slightly to the west in the weed pile at the end of the athletic fields. Their business won’t be fly-in business, but youth using the fields and that means the youth would have to cross the highway, which is very busy. He appreciates consideration of not recommending that use in that area but possibly a nearby location that would be on city property. Councilman Dini agreed with Mr. Sypolt about the intended use of the airport area as they already have a place that would be in direct competition and doesn’t see the need for it or fits into the plan of the airport. What ensures safety there if people are possibly wondering around and who would control that? Councilman Vicencio expressed the concern of kids going across the highway. District Fire Chief Tognoli expressed concern with traffic in that area and the encroachment onto Highway 95A is increasing immensely. Councilman Vicencio made the motion to deny the lease for Jim and Connie Denning seconded by Councilman Dini and passed unanimously. Authorization to Apply for a Walker River Basin Communities Foundation Grant for a Drug Dog City Manager Dan Newell explained the Police Department is requesting authorization to submit a grant application in the amount of $7,705 to Walker River Basin Communities Foundation for a drug dog. To date, there are donation commitments of $33,000.00, which includes a police vehicle equipped to house the dog. Councilman Dini made the motion to authorize the Police Department to submit a grant application to Walker River Basin Communities Foundation for a drug dog. The motion was seconded by Councilman Vicencio and passed unanimously. Pay Bills Bills and salaries, Voucher #2815 through Voucher #2952, inclusive, totaling $132,389.05 were approved for payment by motion of Councilman Vicencio seconded by Councilman Robinson and passed unanimously. There was no further business and the meeting adjourned. _____________________________________ Mayor of the City of Yerington ATTEST: _________________________________ City Clerk & Clerk to Council
"April 26_ 2004 - DOC"