CARSON CITY CONSOLIDATED MUNICIPALITY
NOTICE OF MEETING OF THE
CARSON CITY BOARD OF SUPERVISORS
AND CARSON CITY LIQUOR AND ENTERTAINMENT BOARD
Date: May 15, 2008
Time: Beginning at 8:30 a.m.
Location: Community Center, Sierra Room
851 East William Street
Carson City, Nevada
Call to Order
Invocation - Fr. Chuck Durante, St. Teresa of Avila Catholic Community
Pledge of Allegiance
Public Comments and Discussion: The public is invited at this time to comment on and discuss any item not on the agenda that is relevant to, or within the authority of, the Carson City Board of Supervisors, the Carson City Liquor and Entertainment Board and the Carson City Redevelopment Authority. No action may be taken on a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken. Public comment during individual agenda items will be taken on the item at the time the item is called for hearing.
2. Changes to the Agenda
3. Special Presentations
Staff Summary: On behalf of Historic Preservation Month of May, the HRC selected Richard Baker, Architect and previous HRC Commissioner; the St. Charles Hotel owners, Mark and Jenny Lopiccolo; and Jim Phalan and Jeff Phalan owners of the Firken & Fox Restaurant and Pub in recognition of significant preservation accomplishments to receive the Carson City Historic Preservation Award of 2008.
(Recess as Board of Supervisors)
Liquor and Entertainment Board
Call to Order & Roll Call
4. Development Services - Business License
A) Action to approve a (packaged) liquor license and a (packaged) beer and wine liquor license for Berry-Hinckley Industries, liquor manager: Jerry Edward Herbst, dba Terrible's located at 1615 East 5th Street, Carson City, NV, 1400 Rand Avenue, Carson City, NV, and 1102 North Carson Street, Carson City, NV.
Staff Summary: Per CCMC 4.13.030, the granting or denying of all liquor license applications shall be by the Carson City Liquor Board.
Staff Summary: Per CCMC 4.13.030, all liquor license requests are to be reviewed by the Liquor Board.
C) Action to approve a location transfer from 2310 S. Carson Street, Carson City (approved October 18, 2007) to 224 S. Carson St, Ste #8, Carson City for a combo package and on-premise liquor license for Chad Scott Mena, owner and Brandy Lea King, owner/liquor manager.
Staff Summary: Per CCMC 4.13.030, all liquor license requests are to be reviewed by the Liquor Board.
D) Action to approve a location transfer from 111 E. Telegraph Street, Carson City to 319 N. Carson St., Carson City for a dining room with beer and wine only liquor license for Deborah Pastini, owner/liquor manager.
Staff Summary: Per CCMC 4.13.030, all liquor license requests are to be reviewed by the Liquor Board.
Staff Summary: Per CCMC 4.13.140, all liquor license requests are to be reviewed by the Liquor Board. applicant has not paid 1st and 2nd quarter fees, thus his liquor license is being requested to be revoked.
Action to Adjourn
Board of Supervisors
5. Consent Agenda
All matters listed under the consent agenda are considered routine and may be acted upon by the Board of Supervisors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting. The Mayor, or the Mayor Pro-Tem, retains discretion in deciding whether or not an item will be pulled off the consent agenda.
A) Action to approve the removal and refund in the amount of $289.40 from parcel numbers 010-121-42, 010-121-43 (portions of section 35) and 010-121-44 (2980 Synder Ave.) from the 2007/08 Real Property Tax Roll per NRS 361.060 and NRS 361.484.
Staff Summary: The properties located within Section 35 one of which has an address of 2980 Snyder Ave (APNS: 010-121-42, 010-121-43 & 010-121-44) were purchased by Carson City on 03/31/2008. These properties are now tax exempt per NRS 361.060 and NRS 361.484. The Assessor's office is asking that the taxes be prorated from July 1, 2007 thru March 31, 2008 and that the remaining amount be removed and refunded from the 2007/08 Real Property Tax Roll. The penalties that were paid will not be refunded.
Staff Summary: The property located at 4000 Murphy Dr. was deeded to Carson City on 03/31/2008. This property is now tax exempt per NRS 361.060 and NRS 361.484. The Assessor's office is asking that the taxes be prorated from July 1, 2007 thru March 31, 2008 and that the remaining amount be removed and refunded from the 2007/08 Real Property Tax Roll.
5-2. Parks and Recreation
Action to adopt a resolution approving an Interlocal Project Agreement Contract with the State of Nevada, Department of Conservation and Natural Resources, Division of State Parks, to provide $58,500 in grant funds to be used towards the installation of overhead nighttime lighting including wiring and poles at the BMX Track in the Edmonds Sports Complex.
Late Material - Resolution
Staff Summary: City staff has applied for and been awarded grant funding through the Land and Water Conservation Fund to be used towards the installation of overhead nighttime lighting including wiring and poles at the BMX Track. Board of Supervisors approval of the Project Agreement will allow City staff to proceed with the project and implement a portion of the Edmonds Sports Complex Master Plan.
5-3. Purchasing and Contracts
A) Action to approve the renewal of Contract No. 0506-088 to Sierra Electronics through June 30, 2009 at the same prices, terms, and conditions as originally awarded on December 15, 2005 for a not to exceed cost of $30,000 to be funded from Capital Projects - Vehicle Replacement Program 560-0000-379-1002 as provided in FY 2008/2009.
Staff Summary: Contract No. 0506-088 will expire on June 30, 2008 and has been used by Fleet Services to install electronic equipment and other appurtenances when the City purchases new emergency vehicles.
B) Action to approve the renewal of Contract No. 0304-092 Collection Services with National Business Factors, Inc. to provide collection services from July 1, 2008 through June 30, 2009 at the same prices, terms, and conditions as originally awarded on June 17, 2004.
Staff Summary: The third renewal for Contract No. 0304-092 Collection Services with National Business Factors, Inc. expires on June 30, 2008.
C) Action to approve the extension of Contract No. 0607-052 a request for ICSolutions (ICS) to provide inmate telephone services to the Sheriff's Office through July 8, 2010, which extension shall include the requested amendments by ICS to the original agreement.
Staff Summary: Contract No. 0607-052 Inmate Telephone Services will expire on June 3, 2008. On December 7, 2006 the Board of Supervisors approved the use of this contract through June 3, 2008 with the option to extend the contract for an additional two-year term.
Staff Summary: Amendment No. 3 will extend the contract through June 30, 2009.
E) Action to adopt A Resolution Adopting and Approving an Amended Intrastate Interlocal Contract for the provision of Juvenile Detention-Center Facility Services, and other matters properly related thereto, between the Department of Health and Human Services, Division of Child and Family Services, a Department of the State of Nevada and Carson City, a consolidated municipality and political subdivision of the State of Nevada. (File 0708-139)
Staff Summary: On April 3, 2008 the Board of Supervisors approved Resolution No. 2008-R-15 and Exhibit A (Intrastate Interlocal Contract Between Public Agencies). Due to errors in that Intrastate Interlocal Contract Between Public Agencies provided by the Department of Health and Human Services, Division of Child and Family Services, an Amended Intrastate Interlocal Contract Between Public Agencies has been provided with the NRS statutes corrected and the amount reduced in SFY08 by $9,999.00.
This contract will enable the State Department of Health and Human Services, Division of Child and Family Services, to hold youths who are on State Parole status in the Carson City Juvenile Detention Center Facility for violating their terms of parole or for violations of local and state ordinances.
F) Action to determine that Contract No. 0708-152 is a contract for software for computers and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve Contract No. 0708-152 a request for the purchase of WebEOC Professional - Standard Edition 7.0 software from ESi Acquisition, Inc. for a not to exceed cost of $69,560.39 to be funded from CDC Public Health Preparedness and Response to Bioterrorism Grant 275-6802-441-1206 as provided in Fiscal Year 2005/2006.
Staff Summary: This information management system will enable Health & Human Services to improve their response to public health threats and emergencies. With access to a real-time emergency communication system that will be linked statewide, Carson City will be able to communicate internal incident response information about a public health event and maintain a system to collect, manage and coordinate information about an event and the related response activities with the other health authorities in the state. Cost for installation, training and software support and maintenance is included in the purchase price and will not impact the general fund. This funding has been approved by the Nevada State Health Division and is being carried forward from the 2005-06 CDC grant year. These funds cannot be extended for more than two years, so we must expend these funds by August 8, 2008, the end of the current grant cycle.
G) Action to determine that Lyn Marie Trucking, Inc. is the lowest responsive and responsible bidder pursuant to NRS Chapter 338 and to award Contract No. 0708-147 Wildlife Habitat Improvement Project - Phase I to Lyn Marie Trucking, Inc., for a not to exceed cost of $81,042.75 and a contingency amount of $16,957.25 to be funded from the USDA WHIP Grant Funds as provided in FY 2007/2008.
Staff Summary: The Wildlife Habitat Improvement Project consists of constructing rock structures in the Premier and Slide Canyons watersheds above the Carson City Water Treatment Plant. Work includes check dams, rock down drains, a construction access road, temporary erosion control and re-vegetation to rehabilitate existing habitat. An additional check dam structure was bid as an additive alternate item; and is included in the bid award.
5-4. Development Services - Engineering
Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Alpha Homes, LLC to Carson City for the purpose of public access and operation, over and across certain real property. The dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.
Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from CC Christian Fellowship to Carson City for the purpose of public access and operation, over and across certain real property. The dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.
Staff Summary: This agreement is for a term of three years beginning on July 1, 2008.
(End of Consent Agenda)
Ordinances, Resolutions, and Other Items
6. First Judicial District Court
Action to approve fiscal years 2009 and 2010 projected budgets for expenditures by the First Judicial District Court of the State of Nevada in and for City of Carson City and Storey County for child support hearings and other matters properly related thereto and to receive reimbursement from the State of Nevada acting by and through its Department of Health and Human Services, Division of Welfare and Supportive Services for these services.
Staff Summary: Carson City will receive an estimated total reimbursement in the amount of $34,427, from the Department of Health and Human Services, Division of Welfare and Supportive Services, for City employees who are assigned to assist in the adjudication process of child support matters.
Action to introduce on first reading, an ordinance amending Carson City Municipal Code Title 2, Administration and Personnel, by adding a new chapter to Title 2 designated Chapter 2.42, Collection of Taxes on Personal Property, by adding a new section to Chapter 2.42 designated Section 2.42.010, County Treasurer to Collect Taxes on Personal Property, and other matters properly related thereto.
Staff Summary: On March 20, 2008, the Board of Supervisors adopted Ordinance 2008-13 to provide for the addition of Chapter 2.41.010 to Title 2 of the Carson City Municipal Code designating the Carson City Treasurer to collect taxes on personal property in Carson City that are otherwise collectible by the Carson City Assessor. For the purposes of codification, the provisions of Ordinance 2008-13 must be codified as Chapter 2.42 and not Chapter 2.41 of the CCMC. Therefore, the provisions of this ordinance would repeal Ordinance 2008-13 and reenact those provisions as Chapter 2.42 of NRS.
8. Public Works
Action to adopt, on second reading, Bill No. 118 an ordinance amending Title 12, Water, Sewerage and Drainage, Chapter 12.03, Sewer Connection Charges and Use Rates, Section 12.03.020, Schedule of Rates, by decreasing the commercial laundry user charge per thousand gallons by 20 percent effective July 1, 2008, and other matters properly related thereto.
Staff Summary: The proposed decrease of the Commercial Laundry user charge per thousand gallons reflected in Chapter 12.03 is an adjustment for the significant amount of water used that is lost to evaporation and does not impact the sewer system. This revision was approved by the Board on first reading on May 1, 2008.
Action to adopt on second reading, an ordinance amending Carson City Municipal Code Title 4 Licenses and Business Regulations, by adding Chapter 4.05 Surcharge for Enhancement or Improvement of Telephone System Used for Reporting Emergencies, Section 4.05.010 Authority and Purpose, Section 4.05.020 Definitions, Section 4.05.030 Establishment of an Advisory Committee to Develop a Plan to Enhance or Improve the Telephone System for Reporting Emergencies, Section 4.05.040 Composition of the Advisory Committee, Section 4.05.050 Regulations, Section 4.05.060 Quorum, Section 4.05.070 Meetings, Section 4.05.080 Imposition of the Telephone Surcharge, Section 4.05.090 Creation of Special Revenue Fund; Use of the Money in the Fund, Section 4.05.100 Penalty for Failure to Remit Surcharge, and other matters properly related thereto.
Staff Summary: Nevada Revised Statute (NRS) 244A.7641 et. seq. allows the board of supervisors to create an advisory committee to establish a five-year master plan for the enhancement and improvement of the telephone system for reporting emergencies. Upon approval of the master plan, the Board of Supervisors has the authority to impose a surcharge in the amount of twenty-five cents ($0.25) per month on all access lines, a surcharge in the amount of two dollars and fifty cents ($2.50) per month on all trunk lines, and a surcharge in the amount of twenty-five cents ($0.25) per month on all telephone numbers assigned to a customer by a supplier of mobile telephone service.
A) Action to introduce, on first reading, an ordinance designated as the "2008 Highway Revenue Bond Ordinance;" authorizing the issuance by Carson City of its fully registered, "Carson City, Nevada, Highway Revenue (motor vehicle fuel tax) Improvement Bonds, Series 2008;" providing the form, terms and conditions of the bonds, the method of their payment and the security therefor, and other details in connection therewith; providing for the pledge of the proceeds of certain motor vehicle fuel taxes; ratifying action previously taken toward issuing such bonds and effecting the purpose of their issuance; and providing the effective date hereof.
Staff Summary: This ordinance authorizes the sale of $9,100,000 of twenty year bonds to fund various projects approved by the RTC. The 2008 Bonds are special obligations of the City payable from Fuel Taxes now consisting of four cents per gallon on all motor vehicle fuel sold, distributed or used in and levied by the City by the Tax Ordinance, and the City's interest in an additional five and thirty-five hundredths cents per gallon on all motor vehicle fuel sold, distributed or used in and levied by the State by NRS 365.180 and 365.190 (the "State Tax Act" or the "Tax Act"), and distributed in part to the City (as well as the other counties of the State) by NRS 365.550 and 365.560.
B) Action to adopt a resolution concerning the levying of a special elective tax for public safety; directing the Director of Finance of Carson City to notify the Carson City Debt Management Commission of the City's proposal to levy a special elective tax; determining that there is no affected governmental entity; providing certain details in connection therewith; and providing the effective date hereof.
Staff Summary: Subsection 1 of NRS 350.014 provides, in relevant part, that "Before any proposal to... levy a special elective tax may be submitted to the electors of a municipality, ... the proposed...levy must receive the favorable vote of two thirds of the members of the commission of each county in which the municipality is situated." And whereas subsection 1 of NRS 350.0145 provides, in relevant part that the governing body of the municipality proposing to ... levy a special elective tax ... shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission... And whereas, before a municipality may submit such a proposal to the commission, the municipality must determine whether there is an "affected governmental entity" (as defined in NRS 350.0135(9)). We have hereby determined that there is no Aaffected governmental entity to which it must provide written notification pursuant to NRS 350.0135.
11. Parks and Recreation
Staff Summary: During the Board of Supervisors' meeting of November 15, 2007, the Board of Supervisors adopted on second reading Bill No. 138, "An ordinance amending the Carson City Municipal Code Title 13, Parks and Recreation, Chapter 13.02, Parks, by adding Section 13.02.270, Mobile Business Operations in Parks, and other matters properly related thereto." This ordinance allows the Parks and Recreation Department to regulate mobile businesses such as mobile canteens and vendors who wish to conduct business in city parks. Through this ordinance, mobile businesses have to obtain permits from the Parks and Recreation Department in order to conduct business in city parks. Vendors must have a current Carson City Business License, a current Health Inspection Report and Food Permit issued by the Health Department, proof of insurance with the City of Carson City listed as an additional insured and a signed Carson City Parks and Recreation Department "Responsibilities/Rules/Release of Liability" form. The fee for the permit is $200 per event or $400 per program (ie Adult Soccer). These rules and regulations were approved and recommended by the Parks and Recreation Commission during its February 8, 2008 meeting.
12. Development Services - Planning and Zoning
A) Action to approve an Abandonment of Public Right-of-Way application from Ed Epperson, Carson Tahoe Hospital (property owners: Carson Tahoe Hospital and Gal Sal Company) to abandon a 66 foot wide by 166.18 foot long portion of North Minnesota Street between Fleischmann Way and John Street, located at 412 West John Street and 775 Fleischmann Way, APNs: 001-171-04 and 001-201-25, based on seven findings and subject to eight conditions of approval contained in the staff report, and to authorize the Mayor to sign the order of abandonment. (File AB-07-221).
Staff Summary: Pursuant to NRS 278.480 and CCMC Title 17, this application requests abandonment of a 66 foot portion of North Minnesota Street public right-of-way, north of John Street and south of Fleischmann Way, of approximately 10,968 square feet in size. Approval would result in 5,484 square feet of right-of-way being abandoned to each adjacent property owner.
B) Action to introduce, on first reading, an ordinance amending Carson City Municipal Code Title 18, Zoning, Chapter 18.16, Development Standards, Division 4, Signs, by modifying Section 4.3, Definitions, and adding Section 4.9, Freeway-Oriented Sign Standards, to add specific standards and criteria for freestanding, on-premise commercial signs designed to be viewed from the Carson City freeway. (File ZCA-07-208)
Staff Summary: Presently, all signs that exceed the permitted sign height or sign area may be approved with a Special Use Permit and there are no specific standards for signs intended to be viewed from the freeway. The purpose of the ordinance is to establish specific requirements for "freeway-oriented" signs.
C) Action to adopt a resolution approving an extension of an existing 120-day moratorium, Resolution 2008-R-2, on the acceptance and processing of applications for any freestanding sign that exceeds the maximum permitted sign height or sign area, and that is designed to be visible from at least one direction of the Carson City Freeway, including future freeway phases, for an additional period of 60 days, thereby extending the moratorium to July 15, 2008. (File MISC-07-187)
Staff Summary: The purpose of the moratorium extension is to allow time for the Planning Commission and staff to amend Title 18 and the Development Standards of the Carson City Municipal Code by developing comprehensive criteria for the review of freeway-oriented signs. This moratorium could affect applications for such signs on commercial and industrial properties along the freeway. The moratorium is currently in place until May 16, 2008. The extension would allow additional time to develop the standards.
D) Action regarding an appeal of the Planning Commissions decision to reduce the requested sign height from 65.5 feet to 45 feet for a freestanding shopping center sign adjacent to the freeway on property Zoned Limited Industrial (LI), located on Market Street on the south side of College Parkway, APN 002-755-161. (MISC-07-188)
Staff Summary: Decisions of the Planning Commission may be appealed to the Board of Supervisors. The Planning Commission approved the Special Use Permit application but required a reduction in the height of the sign as part of the approval. The applicant is now requesting a 65 foot sign to be relocated approximately 600 feet to the north, away from existing residences adjacent to the site.
13. District Attorney
Action to introduce on first reading, an ordinance amending Carson City Municipal Code Title 2 Administration and Personnel, adding Chapter 2.03 National Background Checks, Section 2.03.010 National Fingerprint Background Check for Job Applicants to require certain applicants for employment with the City of Carson City to Submit to a National Fingerprint Background Check with the Federal Bureau of Investigation and other matters properly related thereto.
Staff Summary: The Federal Bureau of Investigation ("FBI") has informed Carson City that, after August 29, 2008, the FBI will no longer accept fingerprint cards submitted for national, criminal background checks unless there is an underlying local ordinance authorizing the practice. Nevada Revised Statute ("NRS") 239B.010 authorizes political subdivisions of the state to request of and receive from the FBI information on the background and personal history of persons seeking public employment. However, the FBI requires a more specific authorization that allows the fingerprint background check practice at the ordinance level. In particular, the FBI requires that such an ordinance express: (1) the specific employment occupations for which applicants must be fingerprinted; (2) specific authorization for the submission of the fingerprints for a national, criminal background check; and (3) a reference to the authorizing state statute, NRS 239B.010. The proposed ordinance fulfills the requirements set forth by the FBI, so that Carson City may continue to submit fingerprint cards to the FBI for a national, criminal background check of certain job applicants.
Action to appoint members to the committee to prepare arguments advocating and opposing the ballot question for a sale tax over ride to support the V & T and members to the committee to prepare arguments advocating and opposing the ballot question for Public Safety.
Staff Summary: The BOS appoints the members to the committees to write arguments for and against ballot questions.
15. Carson City Airport Authority
Staff Summary: The FAA has processed the Carson City Airport application for federal funding and requires Carson City to approve and accept the grant offer. This grant will be used to remove the hill on the north east side of the airport property as part of the Airport Master Plan which will re-align the runway farther from the homes on the east side of the Airport.
16. Board of Supervisors
Internal communications and administrative matters
Correspondence to the Board of Supervisors
Status reports and comments from the members of the Board
Staff comments and status report
17. Action to Adjourn
Copies of information related to the above items can be viewed at the reference desk at the Carson City Public Library.
Titles of agenda items are intended to identify specific matters. If you desire detailed information concerning any subject matter itemized within this agenda, you are encouraged to call the responsible agency or the City Manager's Office. You are encouraged to attend this meeting and participate by commenting on any agendized item.
Notice to persons with disabilities: Members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the City Manager's Office in writing at 201 North Carson Street, Carson City, NV, 89701, or by calling (775)887-2100 at least 24 hours in advance.
This meeting can be viewed on Channel 26. For specific dates and times - www.bactv.org.
This notice has been posted at the following locations:
Community Center 851 East William Street
Public Safety Complex 885 East Musser Street
City Hall 201 North Carson Street
Carson City Library 900 North Roop Street
Date: May 8, 2008