01-03-08 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:        January 3, 2008
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 -
Patrick Propster, Calvary Chapel, Carson City Christian Fellowship
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 license and a (packaged) beer and wine liquor license for Berry-Hinckley Industries, liquor manager: Jerry Edward Herbst, dba Winners Corner 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 (1), the granting or denying of all liquor license applications shall be by the Carson City Liquor Board.

B) Action to approve a dining room with beer and wine liquor license for Cesar L. Acosta, (liquor manager: Cesar L. Acosta) dba Panithias Grill, located at 2000 North Carson Street, Carson City.

Staff Summary: Per CCMC 4.13, all liquor license requests are to be reviewed by the Liquor Board.

Board of Supervisors

4. 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.

4-1. Assessor

Action to approve the partial removal and refund of $202.61 from the 2006/07 taxes year and the removal of taxes/penalties from the 2007/08 tax year for parcel number 010-011-10 (located in El Dorado Canyon) per NRS 361.050.

Staff Summary: The property located in El Dorado Canyon (APN 010-011-10) was purchased by the United States of America on November 2, 2006. This property became tax exempt as of November 2, 2006 per NRS 361.050. The Assessor's office is asking that the 2006/07 taxes be prorated from July 1, 2006 thru November 2, 2006 and that the taxes and penalties be removed from the 2007/08 tax roll.

4-2. City Manager

Action to appoint the following to the Board of Appeals reestablishing their initial terms; William Miles to fill the General Contractor position for a 2 year term ending January 1, 2010, Dave M. Saarem to fill the Mechanical Engineer position for a 3 year term ending January 1, 2011, Brett McElhaney to fill the Structural/Civil Engineer position for a 3 year term ending January 1, 2011 and Karen Purcell to fill the Electrical Engineer position for a 3 year term ending January 1, 2011.

Staff Summary: Per Carson City Municipal Code Chapter 15 Section 112 "The board of appeals shall consist of five members who are licensed to do business in Carson City to be appointed by the Board of Supervisors as follows: One Architect registered in the State of Nevada; One General Building Contractor licensed in the State of Nevada; One Mechanical Engineer licensed in the State of Nevada; One Structural/Civil Engineer licensed in the State of Nevada; One Electrical Engineer licensed in the State of Nevada." The Architect position remains open until filled.

4-3. Development Services - Engineering

Action to approve Dedication of Land for John Mankins Park from property owner Garth Richards, President of Silver Oak Development Company, Ltd to Carson City for a parcel of land, containing 2.99" acres in Silver Oak PUD.

Staff Summary: The dedication is being given to the City to satisfy the PUD requirements. This dedication has been coordinated with Development Engineering.

4-4. District Attorney

Action to adopt a resolution adopting and approving an interlocal contract between the State of Nevada action by and through its Department of Public Safety, Division of Records & Technology, Records and Identification Bureau and Carson City to provide for the automated exchange of law enforcement, criminal justice, public safety, motor vehicle and drivers license information through the Nevada Criminal Justice Information System (NCJIS) and other matters properly related thereto.

Staff Summary: This contract provides for the automated exchange of law enforcement, criminal justice, public safety, motor vehicle and drivers license information through the Nevada Criminal Justice Information System (NCJIS). This exchange of information is essential to the function of the District Attorney's Office.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

5. Finance

Action to adopt the Carson City Plan of Corrective Action for FY 06-07 statutory violation included in the annual audit.

Staff Summary: Within 60 days after the delivery of the annual audit to the local government, the governing body shall advise the Department of Taxation what action has been taken to prevent recurrence of each violation of law or regulation included in the annual audit.

6. Public Works - Transportation

Action to approve a policy and procedure for ADA inquiries and requests to improve the City's response to such inquiries and requests related to pedestrian facilities.

Staff Summary: Public Works Department staff are seeking to improve the City's response for inquiries and requests related to the Americans with Disabilities Act (ADA) as it relates to pedestrian facilities. This policy was previously approved by the Carson City Regional Transportation Commission at its November 14, 2007 meeting.

7. Clerk Recorder

Action to adopt, on second reading, Bill No. 143, an ordinance amending the Carson City Municipal Code Title 2, Administration and Personnel, Chapter 2.28, Compensation for Election Board Officers, by deleting the 2.28.010 in its entirety and replacing with "The compensation and conditions of employment for voting board officers, counting board officers, those employed for the purpose of conducting early voting, specially appointed deputy sheriffs and other election board officers shall be fixed by resolution of the Board of Supervisors" and other matters properly related thereto.

Staff Summary: CCMC 2.28.010 sets the pay for election board workers. This ordinance was put into place in 1984 and is restrictive. The Board of Supervisors should have more flexibility to set pay. This change would do that by setting pay for election works by Resolution instead of in the Code.

8. Development Services

Action to adopt on second reading Bill No. 144, an ordinance repealing Ordinance no. 2007-30, Bill No. 129, and 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 17.03.010 Application and Review, Section 17.03.015 Application and Review, Section 17.03.020 Application and Review, Section 17.03.025 Reversion to Acreage Maps, and Section 17.03.030 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 - Development Standards for fees to be charged by the city and other matters properly related thereto.

Staff Summary: Approval of 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 - 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. Additionally, the error discovered by Supervisor Aldean on page 10 of the ordinance presented for first reading regarding the map requirements for a reversion to acreage map has been corrected by moving a portion of Section 17.03.030 to Section 17.03.025.

9. Public Works

A) Action to accept the recommendation of and authorize Public Works staff to begin the process of entering into an agreement with a "Construction Manager as Agent" for the design and construction of the proposed city indoor recreation center/multi-purpose gym project. 

Staff Summary: Carson City Public Works would like to enter into an agreement with a contractor to assist in the planning, scheduling and management of the construction of the proposed indoor recreation center/multi-purpose gym. Public Works staff has determined contracting with a Construction Manager as Agent is the most cost effective and efficient process to design and construct the facility. This is the design and construction method used for the Sheriff's Administration Building project and has been proven to be effective in keeping project costs down and within the contingency allowed for the contract, as well as meeting project schedules.

B) Presentation by Public Works staff of proposed rate changes for Sewer, Effluent, Stormwater, and Water utilities. No action required. 

Staff Summary: Staff will present recommended rate changes in sewer, effluent, stormwater, and water rates for each of the utilities. Proposed ordinances to implement the recommended rate changes will be brought forward at the February, 2008 Board of Supervisors meeting for approval. Staff will be recommending a rate increase of 10% for sewer followed by annual 5% increases thereafter. For Reclaimed Water, staff is proposing reducing the adopted rate from $0.21/1000 gal to $0.10/1000 gal and setting the time for the rate to take effect. For stormwater an increase of 5% annually will be recommended, and for water an increase of 6% annually is proposed. Staff will provide an overview of the need for the increases.

10. District Attorney

Possible action to declare The Seasons Limited Partnership in breach of the Ground Lease between Carson City and the Seasons Limited Partnership for a portion of APN 002-121-09 in Carson City, Nevada for failure to pay property taxes as required pursuant to the terms of the lease and to authorize staff to send a Notice of Default to The Seasons Limited Partnership. 

Staff Summary: Carson City and The Seasons Limited Partnership entered into a ground lease for a portion of APN 002-121-09 in Carson City, Nevada. The Seasons Limited Partnership built the Autumn Village Senior Housing project on the land that was the subject of the ground lease. Pursuant to the terms of the ground lease, The Seasons Limited Partnership contractually agreed to pay all real property taxes. After constructing the Autumn Village Senior Housing project, The Seasons Limited Partnership applied for and was approved for a statutory exemption (NRS 361.082) from real property taxes for low income senior housing. The Seasons Limited Partnership has failed to pay real property taxes, as required pursuant to the terms of the ground lease, since having been granted the statutory exemption.

11. Board of Supervisors

A) Action to appoint members of the Board of Supervisors to various Boards, Committees and Commissions.

Staff Summary: Board members serve on various Boards, Committees and Commissions. Each January appointments are made for the upcoming calendar year.

Supervisor Livermore

B) Action to introduce, on first reading, an ordinance amending the Carson City Municipal Code, Title 2, Administration and Personnel, by adding Chapter 41, Carson City Cultural Commission, and adding Section 2.41.010, Purpose of the Carson City Cultural Commission, Section 2.41.020, Findings Supporting the Creation of the Carson City Cultural Commission, Section 2.41.030, Creation of the Carson City Cultural Commission, Section 2.41.040, Membership and Terms of Office of the Carson City Cultural Commission, Section 2.41.050, Requirements for Membership on the Carson City Cultural Commission, Section 2.41.060, Duties of the Carson City Cultural Commission, Section 2.41.070, Functions of the Carson City Cultural Commission, Section 2.41.080, Cooperation of Carson City Cultural Commission with Other Private and Public Entities, Section 2.41.090, Duties of Carson City to Support the Carson City Cultural Commission and Other Arts and Cultural Entities, and other matters properly relating thereto.

Staff Summary: The purpose of this ordinance is to create the Carson City Cultural Commission to serve as the Board of Supervisors' principal advisor on all arts and cultural matters as they pertain to the betterment of our community. The Commission will ensure that the citizens of Carson City benefit from the grassroots efforts of the Carson City Arts and Culture Coalition and far-reaching cultural programs sponsored by the National Endowments for the Arts and Humanities and the Nevada Department of Cultural Affairs.

Mayor Teixeira

C) Review of the City Manager's performance for the period December 1, 2006 through December 31, 2007.

Staff Summary: Pursuant to the contract between Carson City and the City Manager, the Board of Supervisors is required to annually evaluate the performance of the City Manager.

D) 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

The Carson City Board of Supervisors will meet in closed session with its management representatives to discuss labor negotiations.

-- LUNCH BREAK --

RETURN -- APPROXIMATE TIME -- 1:30 P.M.

12. Development Services - Planning and Zoning

A) Action to adopt Bill No. 145, on second reading, an ordinance amending Carson City Municipal Code Title 18, Zoning, Chapter 18.16, Development Standards, Division 4, Signs, Section 4.4.7, Exemptions, modifying the provisions for open house signs by adding regulations to allow off-premise "open house" signs with certain limitations, and other matters properly related thereto. (File ZCA-07-171)

Staff Summary: Open house signs are presently only allowed by City code to be placed on the lot of the open house. The proposed ordinance would allow off-premise open house signs to be placed consistent with a trial policy that was implemented during the past two summers, subject to limitations on the location and number of signs.

B) Action regarding an appeal of the Planning Commission's decision to reduce the requested sign height for a freestanding shopping center sign from 65.5 feet to 45 feet as part of an approval of Special Use Permit SUP-07-161 to allow a third freestanding shopping center sign within the North Carson Crossing shopping center near the future Home Depot store 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. (File No. SUP-07-161)

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 appealing this aspect of the approval and requesting that the sign be allowed at 65.5 feet rather than 45 feet.

13. 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: December 27, 2007

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