11-01-07 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 LIQUOR AND ENTERTAINMENT BOARD

Day:  Thursday
Date: November 1, 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 - Bruce Henderson, Airport Road Church of Christ
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

Liquor and Entertainment Board

Action on Approval of Minutes

3. Development Services - Planning

A) Action to approve a packaged liquor and a packaged beer and wine liquor license for Chhoun Reth (Reth Investment, Inc.), owner/liquor manager, dba CR Gas Co, 4340 North Carson Street, Carson City, Nevada.

Staff Summary: Per CCMC 4.13.030 (1), the granting or denying of all liquor license applications shall be by the Carson City Liquor Board.

B) Action to approve a wholesaler liquor license for Blanca Elizabeth Gutierrez, owner/liquor manager, dba Novedades Gutierrez, 1501 East 5th Street, Carson City, Nevada.

Staff Summary: Per CCMC 4.13.030 (1), the granting or denying of all liquor license applications shall be by the Carson City Liquor Board.

C) Discussion and possible action on 90 day review, as ordered by the Liquor Board on July 19, 2007, of the liquor license issued to Bhupinder Lally, dba Winnie Liquor.

Staff Summary: On July 19, 2007, the Board suspended the liquor license of Mr. Lally for 15 days and ordered a 90 day review of the liquor license issued to Bhupinder Lally, dba Winnie Liquor. At the time, Mr. Lally had a contract for the sale of Winnie Liquor to Philip E. Haskin on October 4, 2007, the Board approved the granting of a liquor license to Mr. Haskin for Winnie Lane Grocery and Deli. At the Board meeting, it was represented to the Board that escrow would close for the sale of Winnie Liquor from Mr. Lally to Mr. Haskin on October 25, 2007. As escrow was scheduled to close for the sale of this business, the 90 day review of the liquor license issued to Mr. Lally was deemed to be a moot issue. Subsequently, it has come to the attention of staff that the escrow for the sale of the business has not yet closed. Therefore, the 90 review of the liquor license issued to Mr. Lally has been placed on the agenda.
                                                    Board of Supervisors
                                                          Consent Agenda

4.
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.

4-1. Assessor

A) Action to approve the removal of a portion of the taxes from parcel number 008-782-32 (located at 2864 Century Dr.) and from parcel number 008-796-08 (located at 2697 Panamint Rd.) from the 2007/08 Real Property Tax Roll per NRS 361.765 in the amount of $132.96 ($66.48 per parcel).

Staff Summary: Due to a clerical error, the property owners did not receive their exemptions on their real property taxes for the 2007/08 tax year. The property owners are eligible for a veteran's exemption in the amount of $66.48. The Assessor's office is asking that the exemption amount be removed from the 2007/08 Real Property Tax Roll.

B) Action to approve the removal of taxes and penalties for parcel number 007-061-41 (located at 5300 Kings Canyon Rd.) from the 2007/08 Real Property Tax Roll per NRS 361.765 in the amount of $1,257.91 and a partial removal/refund from the 2006/07 taxes per NRS 361.050 in the amount of $537.29, for a total of $1,795.20.

Staff Summary: The property located at 5300 Kings Canyon Rd. was purchased by the United States of America on December 20, 2006 (APN: 007-061-41). This property is now tax exempt per NRS 361.050. The Assessor's office is asking that 2007/08 taxes/penalties be removed and that a portion of the 2006/07 taxes be removed/refunded per NRS 361.050 and NRS 361.765.

4-2. Development Services - Engineering

Action to approve the temporary obstruction of sidewalk and loading/parking zones along the east side of Curry Street, just north of Robinson Street, to accommodate construction staging at the Nevada State Museum site. The temporary construction fencing shall be removed and Curry Street reopened for pedestrians and loading/parking by December 31, 2008.

Staff Summary: Development Services staff is requesting that the Board of Supervisors approve this request for temporary obstruction of sidewalk and loading/parking zones along the east side of Curry Street, just north of Robinson Street, to accommodate construction staging at the Nevada State Museum site. The request is being made by Robert Oxoby, project manager representing the State Public Works Board, for the new ADA entrance and connecting walkway gallery to be constructed between the Mint/Calhoun Building and North Annex on APN 03-283-05 and 03-283-06. The temporary construction fencing will be installed immediately upon approval by the Board of Supervisors, with anticipated removal and reopening of Curry Street for pedestrians and loading/parking prior to the completion of the project in December of 2008.

4-3. Purchasing and Contracts

Action to determine that Contract No. 0708-059 is a sole source contract; a contract for additions to and repair and maintenance of equipment which may be more efficiently added to and repaired and maintained by a certain person; and a contract for equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment; and therefore not suitable for public bidding pursuant to NRS 332.115; and to approve Contract No. 0708-059 a request for the purchase, installation, and servicing of Alerton products to be provided by Building Control Services, Inc. through December 31, 2008 for a not to exceed cost of $100,000 from the General Fund.

Staff Summary: This contract will be utilized by the Facilities Division to have Alerton products installed and serviced at City-owned and operated facilities.

4-4. Parks and Recreation-Open Space

Action to appoint and authorize the Mayor, the City Clerk Recorder, or designee to swear Mr. Lyn Norberg as the appraiser for Carson City with regard to the self-contained appraisal of the following properties in Carson City: Serpa, approximately 406 acres, APNs 008-531-05, -39, -40, 8-541-73 and -92, 010-011-26, -27, 010-021-55; and Bently, approximately 470 acres, APNs 010-011-24 and -25.

Staff Summary: Appraisals are required by state law in order to determine the value of property that may be purchased. This action is for appointment of Mr. Lyn Norberg as the appraiser for the property, as required by N.R.S. 244.275. The funds will be paid from the Open Space Question 18 budget account for professional services.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

5. City Manager

Presentation by Jeff Fontaine, Executive Director for the Nevada Association of Counties (NACO) on the organizations recent activities.

Staff Summary: Jeff Fontaine will be present to provide an overview of NACO activities.

6. Human Resources

Discussion regarding the recently enacted hiring freeze and possible direction to staff regarding its implementation.

Staff Summary: On October 18, 2007 the Board of Supervisors approved a hiring freeze on all open City positions and asked that no vacant positions, with the exception of Sheriffs Deputies and Firefighters be filled without specific Board approval. The City Manager has instituted implementation procedures that clarified that any offer letters accepted on or before October 18, 2007 would be processed and those positions filled. Additionally, sheriffs deputies, firefighters and emergency dispatchers are being excluded from the hiring freeze. Prior to filling any other part time or full time positions, approval must be granted by the Board of Supervisors.

7. District Attorney

A) Action to determine that the position of Victim/Witness Coordinator is a public safety position that is a critical position to City operations and the public and authorize that the position be filled as soon as practical.

Staff Summary: This is a public safety position which is critical to the operations of the District Attorney's Office, and is a valuable resource to the members of the public who are victims of crime.

B) Action to determine that the Deputy District Attorney position vacated prior to the hiring freeze is a public safety position that is a critical position to the City operations and the public and authorize that the position be filled as soon as practical.

Staff Summary: This is a public safety position which is critical to the operations of the District Attorney's Office.

8. Parks and Recreation

A) Action to approve allocation of Residential Construction Tax (RCT) funds for fiscal year 2007/08 for the following projects, Governor's Field parking lot landscaping for $19,000; Governor's Field landscaping improvements and portable toilet enclosures for $17,500; Bob Boldrick Theater lighting console for $60,000; Aquatics Facility new fitness equipment for $13,500; and the Urban Pond fishing pond for $40,000.

Staff Summary: Annually in September and October, the Parks and Recreation Commission holds two public meetings in order to consider and make recommendations regarding the allocation of the current years' Residential Construction Tax funds. This year the Commission received nine applications for consideration of the $150,000 of RCT funds available. The total of all nine requests is $373,234. The Parks & Recreation Commission during their October 2, 2007 meeting recommended on an unanimous vote of 8-0 that the Board of Supervisors approve the following funding:

Governor's Field parking lot landscaping $19,000
Governor's Field landscaping improvements and portable toilet enclosures $17,500
Bob Boldrick Theater lighting console $60,000
Aquatics Facility new fitness equipment $13,500
Urban Fishing Pond $40,000

Deputy District Attorney Joel Benton reviewed all nine applications in order to render an opinion whether each application is legally permissible to receive RCT funding. Mr. Benton found that three projects, Long Ranch Open Space sign inventory; Morgan Mill Take Out site design; and the V&T Trail North project engineering study did not qualify for RCT funding.

B) Action to introduce on first reading, Bill No. ___, 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.

Staff Summary: 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. Mobile businesses would have to obtain permits from the Parks and Recreation Department, who would institute rules, regulations and fees recommended by the Parks and Recreation Commission and approved by the Board of Supervisors. Locations for mobile businesses would also be designated and approved by the Parks and Recreation Department.

9. Development Services - Planning and Zoning

A) Action to adopt Bill No. 134, on second reading, Ordinance No. ____ an ordinance amending Carson City Municipal Code title 18, Zoning, Chapter 18.05, General Provisions, Section 18.05.030, Trailers, Mobilehomes, Recreational Vehicles, Commercial Coaches and Storage Containers, to prohibit Tents, Trains, Boxcars, Semi-Truck Trailers, Passenger Coaches, Busse Streetcar Bodies or similar enclosures and rolling stock in all residential zoning districts, and other matters properly related thereto. (File ZCA-07-132)

Staff Summary: This ordinance would modify the Carson City Municipal Code to prohibit trains, engines, boxcars, cabooses and other similar enclosures and rolling stock from all residential zoning districts in Carson City. The original intent of the code was to prohibit these types of enclosures in all residential zoning districts. Over the years, the code was changed to only prohibit storage and occupation. Staff would like to change the code back to reflect the original intent.

B) Action to adopt Bill No. 135, on second reading, Ordinance No. _____an ordinance amending Carson City Municipal Code Title 18 Zoning Chapter 18.04 Use Districts, Section 18.04.030.2, Nonconforming Uses -Expansion of a Nonconforming Building, to amend the section addressing expansion of nonconforming buildings to clarify when a special use permit is required, and other matters properly related thereto. (File ZCA-07-133)

Staff Summary: This ordinance would modify the Carson City Municipal Code to clarify when the expansion of a nonconforming building will require Special Use Permit approval. This clarification will assist staff and the general public with these expansions.

C) Action to adopt Bill No. 136, on second reading, Ordinance No. _____an ordinance amending Carson City Municipal Code, Title 18, Zoning, Chapter 18.03, Definitions, Section 18.03.010, Words And Terms Defined, to modify the definition of "Adult Entertainment Facility", delete "Video Rental" and add an "Adult Merchandise Retail Establishment" definitions, and amending Chapter 18.16 Development Standards, Division 1 Land Use and Site Design, adding Section 1.19 Adult Merchandise Retail Performance Standards, to establish regulations for the Adult Merchandise Retail Establishment Commercial Properties and other matters properly related thereto. (File ZCA-07-135)

Staff Summary: This ordinance would amend the Carson City Municipal Code to modify the definition of Adult Entertainment Facilities, establish a definition for Adult Merchandise Retail Establishment and it's Performance Standards and other matters related thereto.

D) Action to adopt Bill No. 137, on second reading, Ordinance No. _____, an ordinance to change the zoning of APN's 008-211-11 and 008-184-36 from Mobile Home 12,000 (MH12) to Mobile Home 6,000 (MH6) located on the northeast corner and northwest corner of Airport Road and Sherman Lane. (File ZMA 07-123)

Staff Summary: Approval of the Zoning Map Amendment application which would allow a higher density to occur on property than what is presently permitted the Mobile Home 12,000 zoning district.

10. City Manager

A) Action to authorize Mayor Teixeira to sign an amended lease with the Community Counseling Center providing for a detoxification center at 900 East Long Street.

Staff Summary: Carson City and the Community Counseling Center entered into a lease on January 5, 2006 for 6,998 square feet of space on the second floor of the Health and Human Services building. Community Counseling recently received a grant that would facilitate opening the entire 2nd floor for residential treatment services. This grant has provided some funds to pay for rent and utilities. Currently, we have asked non profit organizations for $0.59 per square foot per month for rent. Per prior agreements, Community Counseling is not charged for the initial 6,998 square feet, but under this lease amendment, they would be asked to pay for the additional 3,502 square feet. With regard to utilities and elevator and fire sprinkler costs, we have negotiated a 55/45 split on utilities with Community Counseling paying 55% of those costs effective July 1, 2008. Because Community Counseling has limited ability to pay rent and utilities based upon current grants, they will be asked to pay $3,934 (36%) for utilities from the date of the lease to June 30, 2008 rather than $5,961, which is estimated to be the amount they will pay at the 55% level.

B) Action to appoint one member to the Parks and Recreation Commission to fulfill a partial term ending January 2010.

Staff Summary: Carson City Municipal Code Chapter 2.16 and NRS 244.3076 provide for a Parks and Recreation Commission to be composed of not more than nine members who shall be appointed by the Board of Supervisors. There is one vacancy due to an existing members'.

11. 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

12. 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 agenda and backup information are available on the City's website at
www.carson.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: October 24, 2007

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