08-16-07 Agenda With Supporting Materials

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CARSON CITY CONSOLIDATED MUNICIPALITY
NOTICE OF MEETING OF THE
CARSON CITY BOARD OF SUPERVISORS
AND CARSON CITY REDEVELOPMENT AUTHORITY

Day:       Thursday
Date:      August 16, 2007
Time:     Beginning at 8:30 a.m.
Location: Community Center, Sierra Room
                851 East William Street
                Carson City, Nevada

Agenda

Call to Order
Roll Call
Invocation -
Marie Hanson, United Church of Religious Science
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.

1. Action on Approval of Minutes

2. Changes to the Agenda

Board of Supervisors

3. 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.

3-1. Assessor

Action to approve the removal of a portion of the taxes from parcel number 009-462-12 (located at 708 Pioche St.) from the 2007/08 Real Property Tax Roll per NRS 361.765 in the amount of $32.14.

Staff Summary: Due to a clerical error the surviving spouse exemption was not applied to the property owner of 708 Pioche St. real property taxes for 2007/08. The Assessors office is asking for the exemption amount to be removed from the 2007/08 Real Property Tax Roll.

3-2. Treasurer

Action to approve the partial removal and partial refund of taxes to the 2006-2007 Real Property Tax Roll on parcels #10-457-13; #3-033-10; #9-501-02; #2-511-03; #8-798-11; #8-031-06 due to donation of Veteran's Exemption to the Veteran's Home.

Staff Summary: Per NRS 361.0905(1), qualified Veteran's Exemption can go to State Veteran=s Home established pursuant to NRS 417.145.

3-3. Development Services - Engineering

A) Action to approve Dedication of Easement for Public Stormwater Facilities from Elmer P. Bachstadt and Theresa M. Bachstadt, as Trustees of the Elmer & Theresa Bachstadt Trust, and as Trustees of the Carson/Eagle Valley Humane Trust to Carson City; containing a total of 3,259 square feet +/-; from APN 009-311-12.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Elmer P. Bachstadt and Theresa M. Bachstadt to Carson City for the purpose of constructing, maintaining, improving and operating public stormwater facilities upon, over and across certain real property. This dedication is being offered by the property owner and is related to development activity occurring upstream of the subject parcel. The public storm drain easement is one of three dedications (refer to attached Vicinity Map) necessary to convey surface waters from the drainage facilities within the Schulz Ranch Subdivision and is in conformance with the Schulz Ranch PUD Master Drainage Plan. This dedication was initiated by the developer Lennar Homes, has been coordinated with Development Engineering and is properly shown on Exhibits A and B of the dedication.

B) Action to approve Dedication of Easement for Public Stormwater Facilities from James M. Ellis and Carri L. Ellis to Carson City for a portion of Coffey Drive; 60 feet wide by 199.39 feet long containing 11,963 square feet +/-; from APN 009-822-15.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from James M. Ellis and Carri L. Ellis to Carson City for the purpose of constructing, maintaining, improving and operating public stormwater facilities upon, over and across certain real property. This dedication is being offered by the property owner and is related to development activity occurring upstream of the subject parcel. The public storm drain easement is one of three dedications (refer to attached Vicinity Map) necessary to convey surface waters from the drainage facilities within the Schulz Ranch Subdivision and is in conformance with the Schulz Ranch PUD Master Drainage Plan. This dedication was initiated by the developer Lennar Homes, has been coordinated with Development Engineering and is properly shown on Exhibits A and B of the dedication.

C) Action to approve Dedication of Easement for Public Stormwater Facilities from Delmar E. Snider and Sandra H. Snider to Carson City for a portion of Coffey Drive; 60.01 feet wide by 198.06 feet long containing 11,917 square feet +/-; from APN 009-822-12.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Delmar E. Snider and Sandra H. Snider to Carson City for the purpose of constructing, maintaining, improving and operating public stormwater facilities upon, over and across certain real property. This dedication is being offered by the property owner and is related to development activity occurring upstream of the subject parcel. The public storm drain easement is one of three dedications (refer to attached Vicinity Map) necessary to convey surface waters from the drainage facilities within the Schulz Ranch Subdivision and is in conformance with the Schulz Ranch PUD Master Drainage Plan. This dedication was initiated by the developer Lennar Homes, has been coordinated with Development Engineering and is properly shown on Exhibits A and B of the dedication.

3-4. City Manager

A) Action to approve funding in the amount of $25,000 to Partnership Carson City to pay for contract administrative support.

Staff Summary: Prior to the resignation of the Community Relations Officer, the City Manager's office was providing administrative support to Partnership Carson City. It was reported that 2 days of each week were used for that purpose. Since that position will not be refilled, the Partnership Steering Committee was asked how they wished to receive administrative support in the future. The Steering Committee decided to contract for those services through a local non profit. The non profit will administer a contract for these services and will assist with advertising for the contractor.

B) Action to approve a policy titled "Use of City Facilities by State and County Political Party Central Committees."

Staff Summary: The 2007 Legislature passes legislation that requires that public facilities by made available for activities associated with the presidential election and sponsored by political party central committees free of charge. During a non-presidential election year, it is permissible to charge for the use of the facility, but it must be at the lowest rate charged. This policy places Carson City in compliance with the new legislation.

3-5. Finance

Action to approve the application to remove uncollectible accounts receivable from the records of the Sanitary Landfill Fund in the amount of $10,862.66 out of estimated billings through June 30, 2007 of approximately $3,750,000.

Staff Summary: NRS 354.256 requires that the County Auditor apply to the Board for permission to remove uncollectible accounts receivable from the records of the County.

3-6. Public Works - Contracts

Action to accept Public Works recommendation to award the contract for "Augmentation for Contract Administration and Inspection Services" Contract #2006-183 and authorize Public Works to issue payments to Bowling Mamola Group for a contract amount of $200,000.00 from various Capital Improvement Projects as provided in FY 2007/2008.

Staff Summary: Bowling Mamola will provide professional services to include construction management, inspection, and testing services for Carson City. Professional services will be utilized within Carson City's Capital Improvement Program (CIP) and private development projects under the Development Services Department. CIP projects range from water; sewer and storm drain facilities, street construction and park construction and private development projects relating to commercial and industrial sites as well as residential subdivisions.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

4. Fire

Action to introduce on first reading, an ordinance amending Chapter 5.18 Ambulance Services, Section 5.18.040 Fees and Rates, by increasing the fee and rate schedule 10% for existing services, and other matters properly related thereto. 

Staff Summary: This ordinance increases the fees and rates for ambulance service in Carson City. The new rates reflect a 10% overall increase effective September 15, 2007 to offset the rising costs from inflation and reduced compensation rates from Medicare. This rate increase will generate an approximate 2% increase in collections.

5. Treasurer

Action to order and direct the Carson City Treasurer to sell the following properties APN #8-173-30 at 2430 Bunch Wy for $2,373.37; #8-241-16 at 3229 Champion St for $2,330.35; #8-263-12 at 2225 Star Wy for $5,453.51; #8-384-34 at 5354 Hwy 50 East for $12,017.13; #8-591-01 at 3501 Sherman Ln for $2,312.85; and #010-364-08 at 141 Riparian Wy for $6,185.48 after giving notice of sale, for a total amount not less than the amount of taxes, costs, penalties and interest legally chargeable against the property as stated in the order.

Staff Summary: Per NRS 361.595(2), The Board of Supervisors is being asked to order and direct the Carson City Treasurer to sell the property particularly described above, after giving notice of sale, for a total not less than the amount of the taxes, costs, penalties and interest legally chargeable against the property as stated in the order.

6. Development Services - Engineering

Action to authorize relocation assistance payments for the Sheriff's Office Administration Building in a total amount not to exceed $64,600.00 and to authorize the City Manager to issue payments to qualified parties for relocation associated expenses.

Staff Summary: State law requires that the City offer relocation assistance to qualified parties when the City purchases property. The laws are specific about maintaining confidentiality of the individual payments. Because bringing the individual items to the Board would expose the process publicly, staff is making the recommendation that the Board approve an overall amount and allow payments to be made in a confidential setting.

7. Human Resources

Action to approve job specification and compensation range for the full-time City Auditor position.

Staff Summary: A full-time City Auditor position reporting to the Board of Supervisors was approved on July 19, 2007. Human Resources was directed to develop a job specification, and a compensation range that reflects the required skills, experience, and level of responsibility.

8. Parks & Recreation

Action to approve a resolution entitled "Changing Existing or Adding New Fees and Policies" having the effect of changing existing fees and policies relating to Parks and Recreation Department fees and charges, adding new fees and policies relating to Parks and Recreation Department fees and charges and repealing Resolution No. 1983-R-28, Resolution No.1995-R-41, Resolution No. 1995-R-42, Resolution No. 2004-R-4, and Resolution No. 2006-R-23. 

Staff Summary: The proposed resolution replaces five existing resolutions that govern policies regarding Parks and Recreation Department fees and charges. This resolution also makes changes to some of the policies and serves to consolidate all of the existing policies into one comprehensive resolution.

Redevelopment Authority

Action on Approval of Minutes

9. Office of Business Development

A) Action to direct staff to negotiate an incentive agreement with City Management Services, owner Robert Rothe, which will provide for funding for rehabilitation of the vacant and former Wal-Mart building in the Southgate Shopping Center in an amount not to exceed $2 million and which will be contingent upon the opening of a Burlington Coat Factory Store no later than October 30, 2008. 

Staff Summary: Two weeks ago, Mr. Rothe accepted a letter of intent from Burlington Coat Factory for the lease of 70,000 square feet of retail space in his building. In order to achieve the required rate of return on his investment and to attract this national retailer that the City strongly encouraged, Mr. Rothe's project will require a sufficient incentive from the Redevelopment Authority to offset the specific provisions for tenant improvements required by Burlington Coat Factory. Burlington Coat Factory is now intent on a fast tracked grand opening in Carson City, March 2008. To achieve this tight deadline, Mr. Rothe must begin by next month his substantial interior remodel and exterior improvements of this blighted empty big-box.

Staff will bring an incentive agreement to the Redevelopment Authority and the Board of Supervisors for approval in September. The incentive agreement's subsidy will be specific to the improvements associated with the opening of a Burlington Coat Factory Store in 2008 and subject to the applicant providing a lien on the property and a go-dark provision.

This redevelopment project meets the intent of NRS 279.586, the redevelopment of communities. The rehabilitation of this blighted building is consistent with the objectives of the Redevelopment Plan for Redevelopment Project Area No. 2, is of benefit to the immediate neighborhood, and could not be completed but for this incentive. The elements of the redevelopment incentive agreement will consist of a reimbursement of the incentive amount only after the work has been completed and the Burlington Coat Factory store has opened. It will contain a "go-dark" provision to ensure sufficient sales tax revenue offsets the incentive. Compliance with the prevailing wage requirements as provided for in NRS 279.500 will include an agreement with the developer to ensure that the project is subject to the provisions of NRS 338.010 to 338.090. The Redevelopment Authority will secure a second position on the property with a ten-year, declining lien, $200,000 per year, the life of the lease with Burlington Coat Factory.

Board of Supervisors

B) Action to adopt a resolution allocating Carson City's share of Nevada private activity bond volume cap for 2007 to the Nevada Rural Housing Authority for the "Home At Last" first-time homebuyers mortgage program.

Staff Summary: Carson City may annually allocate a share of State money set aside for tax-exempt loans for industrial development and affordable housing projects, referred to by the State as "private activity bond volume cap." Carson City may allocate its share to specific projects that apply and qualify with the State, or the allocation goes back into the general State-wide pool. No other applications for allocation were received by the City.

10. Public Works

Action to adopt a Resolution approving the amended cooperative agreement between Carson City and the State of Nevada for the transfer of W. Washington Street, W. King Street, Division Street, W. Fifth Street, E. Fifth Street/Carson River Road, Ormsby Blvd, Winnie Lane, and Brunswick Bridge to Carson City from the State of Nevada.

Staff Summary: This resolution approves an amended agreement for the transfer of ownership and maintenance responsibilities from NDOT to Carson City for the state streets noted above. This is done in exchange for elimination of continuing to contribute to the Carson City Freeway construction for Phase 1. The city has paid NDOT $14,196,189 of the $19,000,000 contribution agreed to which will result in savings of $4,803,811 in exchange for increased city maintenance costs over time. The City and NDOT previously agreed for the City to take Carson Street upon completion of the freeway. Phase 2 payments for the freeway will still be made in the amount of $15,000,000 which is paid based on 3 cents of the gas tax at approximately $1,100,000 per year depending on fuel sales, but repayment will be deferred and begin July 1, 2009. The Regional Transportation Commission will consider this item at their meeting of August 8, 2007 and staff will report their action at the Board meeting.

11. Public Works - Transportation

A) Action to adopt on second reading Bill No. 125 an ordinance amending Carson City Municipal Code Title 11 Highways and Sidewalks, Chapter 11.20 Regional Street and Highway Commission, Section 11.20.037 Meetings, Notice of Meetings, Powers and Duties of the Commission, by allowing the commission to purchase or acquire real property or real property interests in the name of Carson City and other matters properly related thereto.

Staff Summary: This is an Amendment to the Meetings, Notice of Meetings, Powers and Duties of the Commission, paragraph 4, item b allowing for the RTC to acquire property for street rights-of-way without requiring the Board of Supervisors to also take action.

B) Information regarding the filling of a Transportation Planner position that is contained within the approved CAMPO Budget for Fiscal Year 2007-2008.

Staff Summary: The Fiscal Year 2007-2008 CAMPO approved along with the CAMPO Unified Planning Work Program provided for the work program to be delivered primarily by CAMPO staff, which included an additional position. The additional employee was planned to be a Transportation Planner, working almost exclusively on CAMPO-related tasks, which are reimbursable up to 95% by the U.S. Department of Transportation. The Carson City RTC, Douglas County, and Lyon County share the local cost of CAMPO operation, with the local cost only about 10% of total CAMPO costs. The funds to support this position will come primarily from the following work elements of the UPWP: 1) 1.1 General Administration and Work Program Oversight; 2) 1.3 MPO Representation; 3)1.6 Public Participation; 4) 2.1 Update RTP; 5) 2.2 Update and maintain RTIP.

C) Presentation on the traffic modeling of the proposed narrowing of Carson Street. 

Staff Summary: The Carson Area Metropolitan Planning Organization (CAMPO) recently completed a travel demand modeling study regarding the proposed narrowing of Carson Street in Downtown Carson City. The results of the study have been presented to, and accepted by, CAMPO, and will be presented by staff at this meeting to the Carson City Board of Supervisors. The CAMPO board includes all members of the Carson City Regional Transportation Commission.

The improvements proposed for downtown Carson City, which include the narrowing of Carson Street, have been the subject of extensive public input, and have received widespread public support. This analysis was requested to determine the forecast impacts and results of narrowing Carson Street within the framework of the planned transportation network in the years 2015 and 2030. The downtown modeling effort was conducted within the context of a recently updated and expanded regional model. The key finding of the analysis is that the narrowing of Carson Street as proposed is feasible if other key, previously-planned improvements B including the widening of Roop Street and the extension of North Stewart Street B are completed as planned.

12. Development Services

A) Action to introduce on first reading an ordinance amending Title 18 Zoning, Chapter 18.02 Administrative Provisions, Section 18.02.055 Fees and Service Charges by increasing the fees charged by the City for administration of the zoning code within Carson City, Nevada and Section 18.02.090 Revocation or Reexamination of Variance or Special Use Permit by deleting the reference that fees are set by resolution and other matters properly related thereto.

Staff Summary: Based on the study evaluating the actual costs of reviewing building permit applications, engineering applications and planning applications, as presented to the Board of Supervisors July 19, 2007, staff is recommending an increase in Planning and Engineering fees by an amount necessary to cover the direct salary costs of $520,000 per fiscal year.

B) Action to introduce on first reading an ordinance amending Title 18 Appendix-Development Standards, Division 19, Improvement Plans Submittal Requirements, Section 19.3 Permit Requirements by referring individuals to Division 20 for permit requirements and fees, and amending Division 20 Permits Processing and Financial Security Requirements, Section 20.5 Inspection Fee by increasing the fees charged by the City for reviewing plans, conducting inspections, and observing testing for development within Carson City, Nevada and other matters properly related thereto. 

Staff Summary: Based on the study evaluating the actual costs of reviewing building permit applications, engineering applications and planning applications, as presented to the Board of Supervisors July 19, 2007, staff is recommending an increase in Planning and Engineering fees by an amount necessary to cover the direct salary costs of $520,000 per fiscal year.

C) Action to introduce on first reading an ordinance amending Title 17 Subdivision, Chapter 17.03 Parcel Maps, Lot Line Adjustments and Deletions, Reversion to Acreage Maps, and Merger and Resubdivision of Land, Section 17.03.015 Application and Review, Section 17.03.040 Application and Review, Section 17.03.060 Application and Review, Section 17.03.075 Reversion to Acreage Maps, and Section 17.03.080 Merger and Resubdivision Maps; Chapter 17.04 Land Division Maps, Section 17.04.005 Application and Review; Chapter 17.05 Tentative Maps, Section 17.05.005 Application Process and Section 17.05.025 Fees and Service Charges, Chapter 17.06 Subdivision Final Maps, Section 17.06.005 Map Submittal for Approval; Chapter 17.09 Planned Unit Development, Section 17.09.040 Application for Tentative Approval; Chapter 17.11 Improvement and Procedure, Section 17.11.035 Inspection Fee, by deleting any reference to fees being set by resolution of the Board of Supervisors and amending Section 17.11.035 Development Filing and Checking Fees, by adding references to Title 18 Zoning and Title 18 Appendix B Development Standards for fees to be charged by the city and other matters properly related thereto.

Staff Summary: Approval if this ordinance will remove certain sections that contain fees and charges and refer to the fees and charges contained in Title 18 Zoning and Title 18 Appendix B Development Standards. This will consolidate Engineering and Planning fees into two locations of the Carson City Municipal Code. The Sections of Title 17 made reference that the fees and charges were set by Board resolution. By the Board's previous actions, the fees and charges will be set by ordinance.

D) Action to introduce on first reading an ordinance amending Title 11 Highways and Sidewalks, Chapter 11.08 Highway and Right-of-Way Excavations, Section 11.08.040 Inspection Fees, by requiring a person who files an application for a permit to pay the fees at the time of filing the application and amending Section 11.08.070 Fees, by deleting the section and moving it to Title 18 and other matters properly related thereto. 

Staff Summary: Approval if this ordinance will remove certain sections that contain fees and charges and refer to the fees and charges contained in Title 18 Zoning and Title 18 Appendix B Development Standards. This will consolidate Engineering and Planning fees into two locations of the Carson City Municipal Code.

E) Action to introduce on first reading an ordinance amending Title 12 Water, Sewerage and Drainage, Chapter 12.01 Water Connection Charges and Use Rates, Section 12.01.04 Payment of Connection Charge and Chapter 12.03 Sewer Connection Charges and Use Rates, Section 12.03,035 Payment of Connection Charge by requiring the owner of property to pay the connection fees due on issuance of a building permit for applications submitted after January 1, 2008 and other matters properly related thereto. 

Staff Summary: The current code states that the application for a building permit pay the connection charges at the time that the permit is issued. An inequity appears when there are Tenant Improvements (TI) to a building that are paid by the lessee but which remain with the property. There have been numerous situations where an applicant has signed a lease and in the process of obtaining a building permit must come up with several thousands of dollars for the connection fees. As the connection capacities remain with the property, the tenant is making a significant improvement to the property. This would not prevent a property owner from recovering the connection fees from tenants through lease payments.

13. Development Services - Planning and Zoning

A) Action to adopt Bill No. 124, on second reading, an ordinance amending the Carson City Municipal Code Title 18, Zoning, Chapter 18.16, Development Standards, Division 3 Landscaping, adding provisions regarding turf areas, trees and shrubs within the historic district, tree protection measures, riparian corridors, planting details and general landscaping details, and other matters related thereto. (File ZCA-07-023)

Staff Summary: The proposed amendments would modify landscaping requirements that apply to commercial, industrial, institutional and multi-family apartment developments.

B) Action to introduce, on first reading, an ordinance amending the Carson City Municipal Code Title 18, Zoning, Chapter 18.16, Development Standards, Division 4, Signs, Section 4.8, Requirements for Billboards and Off-Premise Signs, Subsection 4.8.3 to allow a billboard to be placed on the south side of Highway 50 West along a section of highway approximately 3/4-mile west of South Carson Street where billboards are currently prohibited, allowing a billboard to be placed at 800 Old Clear Creek Road. (File ZCA-07-074).

Staff Summary: The Carson City Municipal Code currently prohibits billboards along Highway 50 West, west of South Carson Street. The proposed amendment to the Zoning Ordinance would allow a billboard to be placed in this area.

C) Action regarding an appeal of the Planning Commission's decision denying a Special Use Permit application from Rogers Media Company, (property owner: William Kugler), to allow a billboard on property zoned General Commercial (GC) located at 800 Old Clear Creek Road, APN 009-302-09. (File SUP-07-075)

Staff Summary: The Planning Commission has final decision-making authority on all Special Use Permit applications unless any portion of the decision is appealed to the Board of Supervisors. The Board of Supervisors has final decision authority on all appeals of zoning and land use decisions.

D) Action to approve a moratorium from approving Adult Entertainment Facilities. The length of the moratorium is 90 days. The purpose for the moratorium is to revise CCMC Title 18, specifically 18.03.010 Definitions-Adult Entertainment Facilities. The moratorium will promote the public's general health, safety and welfare, and will permit the staff to focus on the effective preparation of applicable sections of Title 18, the Zoning Ordinance. (File MISC-07-092)

Staff Summary: The purpose for this action is to place a 90 day moratorium for approving Adult Entertainment Facilities, and time to revise CCMC Title 18.03.010 Definitions-Adult Entertainment Facilities.

14. City Manager

Update on the proposed Carson City Federal Lands Bill.    Proposed Ownership Map   County Map

    Main Map        Parcels Area 1 Map        Parcels Area 4 Map        USFS Proposal Map

        USFS Proposed Ownership Map            Westside Map

Staff Summary: Staff would like to provide an update on the discussions we have held with our congressional representatives, the Forest Service, Bureau of Land Management and other stakeholders in relation to our proposed lands bill. Several recommendations have been received by our congressional representatives and their staffs and we have a counter proposal regarding the exchange of properties with the Forest Services for those areas in the western portion of the City.

15. District Attorney

Action to recess into closed session pursuant to NRS 241.015(2)(b)(2) to meet with attorneys to discuss existing or potential litigation involving matters over which the Board has supervision, control, jurisdiction or advisory power and to deliberate towards a decision on the matter.

Staff Summary: The City's attorneys wish to meet with the Board to discuss existing or potential litigation.

16. Board of Supervisors

Non-Action Items:

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: August 9, 2007

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