03-20-08 Agenda with Supporting Materials

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CARSON CITY CONSOLIDATED MUNICIPALITYNOTICE OF MEETING OF THE
CARSON CITY BOARD OF SUPERVISORS
AND CARSON CITY LIQUOR AND ENTERTAINMENT BOARD

Day:         Thursday
Date:        March 20, 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 -
Bill McCord, First United Methodist Church, Retired
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 'dining room with beer & wine' liquor license for Evangelina Velasco, dba, Taqueria La Guadalupana, located at 2495 North Carson Street, Carson City.

Staff Summary: Request for a liquor license for Taqueria La Guadalupana 'dining room with beer & wine,' per CCMC 4.13, all liquor license requests are to be reviewed by the Liquor Board.

B) Action to continue a scheduled Liquor Board Show Cause Hearing date of April 3, 2008 to the April 17, 2008 meeting at the request of the applicant's attorney, Richard A. Molezzo, Esq., representing Kil Ye (Katie) Chew for Katie's Bar, regarding Liquor License No. 08-00023400.

Staff Summary: The Liquor Board had ordered a show-cause hearing on April 3, 2008, in order to take disciplinary action regarding Katie's Bar's liquor license. The applicant's attorney has requested this matter to be continued two weeks to the next Liquor Board meeting on April 17, 2008.

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. Development Services - Planning

Action to consider an extension of one year for the filing of a subsequent final map phase for the Planned Unit Development known as Silver Oak. (P-93/94-01)

Staff Summary: Tentative Planned Unit Development Map approvals remain valid for one year between the recording of final maps. A one year extension may be granted for filing of a final map.

4-2. Purchasing and Contracts

A) Action to adopt a resolution adopting and approving an interlocal contract for the provision of law enforcement and/or search and rescue assistance, upon request, between the County of Douglas, a political subdivision of the State of Nevada, and Carson City, a consolidated municipality and political subdivision of the State of Nevada and other matters properly related hereto. (File 0708-137)

Staff Summary: Both Carson City and Douglas County desire to enter into an agreement to allow Carson City and Douglas County to utilize the assistance of the other in providing law enforcement and/or search and rescue assistance, upon request.

B) Action to approve Amendment No. 3 for Contract No. 2006-146 Carson City Fairgrounds/Fuji Park Phase 4, Part 2 with Lumos & Associates through December 31, 2008 for a not to exceed amount of $47,688.00 and to increase the contingency from $4,408.00 to $6,720.00 from the Question 18 Capital Fairgrounds Fund 254-5046-452-7150 as provided for in FY 2007/2008.

Staff Summary: As the Fairgrounds project has proceeded from the final design phase into the construction phase, the Parks and Recreation Department has been working with various facility user groups to provide the following: 1. Additional site amenities, including a public address system; 2. Take advantage of partnership construction opportunities with the State of Nevada; 3. Provide the City's Public Works Department staff with additional construction assistance by the consultant team to expedite progress for a June/July 2008 project completion date.

In addition, during the project=s bidding and building permit stages, the consultant team was required to produce additional plans and specification packages for different aspects of the project which was not anticipated in the consultant team=s original scope of work. This also required additional meetings with City staff and the Building Department to address permit comments and package coordination.

4-3. Development Services - Engineering

A) Action to approve a waiver of the sewer connection and permit fees for the property owner located at 3394 Dale Drive.

Staff Summary: Staff is requesting that the Board of Supervisors approve a waiver of the sewer connection and permit fees for the property owner located at 3394 Dale Drive.

B) Action to approve Dedication of a Public Roadway, including a 10 foot Public Utility easement coincident with and along the outside boundaries of this dedication falling within the subject parcel, sidelines of said public Utility easement to extend to subject property's boundary on APN 007-461-27, per Boundary Line Adjustment for Silver Oak Company Ltd. Files for record March 26, 1999 in Book 8, Page 2314 in the Official Records of Carson City, NV, as File No. 232342.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from C & A Investments LLC to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

5. Treasurer

Action to adopt on second reading, Bill No. 110, an ordinance amending Carson City Municipal Code Title 2, Administration and Personnel, by adding a new chapter to Title 2 designated chapter 2.41, Collection of Taxes on Personal Property, by adding a new section to chapter 2.41 designated section 2.41.010, County Treasurer to Collect Taxes on Personal Property, and other matters properly relating thereto. 

Staff Summary: The addition of Chapter 2.41.010 to Title 2 of the Carson City Municipal Code designates the Carson City Treasurer to collect taxes on personal property in Carson City that are otherwise collectible by the Carson City Assessor.

6. Mayor Teixeira

Discussion and action to direct staff to develop a resolution placing an advisory vote on the November ballot to increase sales tax 1/8th of a percent to contribute $10 million to the V&T construction project in return for 5% of the gross ridership revenue for 99 years. 

Staff Summary: This will assure the V&T project will continue through the canyon and not stop at Highway 50 and produce a revenue stream to Carson City for 99 years.

7. City Manager

Presentation, discussion and action to accept the findings of the City Manager's Citizen Ad Hoc Committee formed to address the Board of Supervisor's Goal on Public Safety Services and to direct the City Manager to bring an action to the Board for the placement of a ballot question to increase ad valorem taxes for Public Safety funding.      Click here to view Full Report of Findings

Staff Summary: In 2007, the Board of Supervisors adopted a goal to "Establish a citizens committee to discuss and review current public safety related operations and develop recommendations for ensuring quality public safety services can be provided in the future within the City's current and/or future revenue structure." An Executive Summary of the findings of the committee regarding current operations, findings, and needs for both the Fire Department and the Sheriff's Office are attached for your information. Based on the findings of the committee, it is the City Manager's recommendation that the Board of Supervisors consider placing a question on the next general election ballot to increase the ad valorem tax to provide additional needed funding for the Fire Department and the Sheriff's Office.

8. City Auditor

Presentation by representatives from Kafoury, Armstrong and Co. regarding the impact of "The New Risk Assessment Auditing Standards" that will be implemented for the year ended June 30, 2008.

Staff Summary: Representatives from Kafoury, Armstrong and Co. will be making a presentation regarding the impact of "The New Risk Assessment Auditing Standards" that will be implemented for the year ended June 30, 2008.

9. Purchasing and Contracts

Action to determine that Contract No. 0708-126 is a contract not required to be submitted for public bidding pursuant to NRS 354.624 and to approve Contract No. 0708-126 a request for auditing services and agreed upon procedures to be provided by Kafoury, Armstrong & Co. as the designated audit firm for FY 2007/2008 for a not to exceed amount of $118,350 from the below designated funding sources as provided in FY 2008/2009. 

Staff Summary: NRS 354.624 authorizes the governing body to annually designate the auditor without requiring competitive bids.

10. Fire

Presentation on the impact for Carson City due to changes in NRS 244A.7643 (Assembly Bill No. 122 in the 2007 Legislative session) and action to direct staff to bring back an ordinance adopting the state law that will allow the City to impose a surcharge on telephone and mobile phone services. 

Staff Summary: During the 2007 Legislature, AB122 was passed to provide the ability for local governments to enact a .25 cent surcharge on all phone lines for the enhancement or improvement of the telephone system for reporting an emergency (namely the 9-1-1 system). This bill clarified the language in NRS 244A.7643 to allow Carson City to impose this surcharge should the Board elect to do so.

11. Development Services - Engineering

A) Action to approve Dedication of a Public Roadway within APN 007-531-07, from Carson Tahoe Hospital to Carson City.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

B) Action to approve Dedication of a Public Roadway on a portion of APN 007-531-07, from Carson Tahoe Hospital to Carson City.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

C) Action to approve Dedication of a Public Roadway on a portion of APN 007-531-04, per Boundary Line Adjustment map as plat No. 2558, in the Official Records of Carson City, NV, from Carson Tahoe Hospital to Carson City.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

D) Action to approve Dedication of a Public Roadway within APN 007-531-04, per boundary line adjustment map as plat No. 2558, from Carson Tahoe Hospital to Carson City.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

E) Action to approve Dedication of a Public Roadway, within APN 007-531-03, per Boundary Line Adjustment map as plat No. 2558, in the Official Records of Carson City, NV from Carson Tahoe Hospital to Carson City.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

F) Action to approve Dedication of a Public Roadway within APN 007-531-03, per Boundary Line Adjustment map as plat No. 2558, from Carson Tahoe Hospital to Carson City.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

G) Action to approve Dedication of a Public Roadway, including a 10 foot Public Utility easement coincident with and along the outside boundaries of this dedication falling within the subject parcel, sidelines of said public Utility easement to extend to subject property's boundary on APN 007-531-07, from Carson Tahoe Hospital to Carson City containing 2.01 acres more or less.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

H) Action to approve Dedication of a Public Roadway, including a 10 foot Public Utility easement coincident with and along the outside boundaries of this dedication falling within the subject parcel, sidelines of said public Utility easement to extend to subject property's boundary on APN 007-531-12, from Carson Tahoe Hospital to Carson City containing 4.62 acres more or less.

Staff Summary: Development Services staff is requesting that the Board of Supervisors accept this dedication from Carson Tahoe Hospital to Carson City for the purpose of public access and operation, over and across certain real property. This dedication is being given to the City to satisfy the development requirements; and has been coordinated with Development Engineering.

12. Parks and Recreation

A) Action to approve filling a vacancy for the position of a permanent, full-time Head Lifeguard Position.

Staff Summary: On October 8, 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. This vacancy was created from the termination of an employee for cause.

B) Discussion and action to approve the purchase and sale agreement calling for the use of Open Space funds to make an offer for the fee title acquisition of the River Ranch Holdings Ltd 21.59 acres, Alpenglow Development LLC 22.32 acres, and Mexican Dam LLC 20.40 acres located at the northerly terminus of Golden Eagle Lane, APNs 10-121-42, 10-121-43, and 10-121-44 respectively.
                                 Section 1                Section 2

Staff Summary: The purchase and sale agreement calls for the fee title acquisition of these three parcels located at the northerly terminus of Golden Eagle Lane, adjacent to the Carson River. The offer for $1.65 million, which is also the appraised value, has been verbally accepted by the owners pending the Board of Supervisors approval. The property has previously been prioritized by the Board of Supervisors for acquisition after finding that it is located within the Carson River priority area, in accordance with the Open Space Master Plan.

C) Action to authorize the sheep and fuels reduction project along the wildland-urban interface on the west side of Carson City for Spring 2008. 

Staff Summary: The Open Space program is the lead agency in the planning and coordination of the sheep and fuels reduction project for Spring 2008. The primary partners include the U.S. Forest Service, Nevada Division of Forestry, and Nevada Division of State Lands.

D) Action to approve a resolution accepting a 77-acre donation of real estate from the Casey Trust for lands located south of Lakeview and west of the Silver Oak Golf Course, APN 7-092-08.

Staff Summary: The Casey Trust obtained prior approval for a planned unit development on a parcel containing 80 acres in total. The development is to take place in a clustered form within three acres and the remaining 77 acres are to be donated to Carson City for Open Space purposes.

13. Development Services - Planning and Zoning

A) Action to introduce, on first reading, an ordinance amending Carson City Municipal Code Title 17, Division of Land, Subdivision of Land at Chapter 17.03 Parcel Maps, Lot Line Adjustments and Deletions, Reversion to Acreage Maps, and Merger and Resubdivision of Land Section 17.03.020 Lot Line Deletions by adding the requirement for a legal description of property (Metes and Bounds description); Title 18, Zoning, Chapter 18.02 Administrative Provisions, Section 18.02.055 Fees and Service Charges for Changes including correcting the name Change of Land Use to Zoning Map Amendment, adding and clarifying fees and service charges including adding costs and fees for processing of a Minor Administrative Variance, Recreational Vehicle Park, and Manufactured Home in Single Family Zoning; Chapter 18.03 Definitions at 18.03.010 Words and Terms Defined to add the definition of Medical Durable Goods used as assistive devices used to aid the disabled; Section 18.04.110.3 Residential Office Conditional Uses to add Medical Durable Goods to conditional uses; Title 18.16, Development Standards, Division 1 Land Use and Site Design at Section 1.6 Child Care Facilities Performance Standards to clarify areas of responsibility for State of Nevada Division of Child and Family Services and Carson City Health Division, including all concerns must be satisfied prior to activation of a Special Use Permit; Section 1.9 Wireless Telecommunication Facilities and Equipment to clarify requirements adding the word Freestanding to say that "Freestanding" facilities shall not exceed 120 feet in height above grade and "Freestanding" facilities and equipment shall be located no closer than four times the facility height from any residentially zoned property, and add an Administrative Permit or Special Use Permit may be required for facilities which exceed the height restrictions of the zoning district where the facility is proposed; typographical corrections and other matters properly related thereto. (ZCA-07-172)

Staff Summary: This ordinance included minor modifications to Title 17 and Title 18 of the CCMC to add a requirement for Lot Line Deletion applications to include legal description (Metes and Bounds description) prepared by a licensed surveyor; add and clarify fees, service charges, correct name and add service fees; add a definition for Medical Durable Goods used as assistive devices used to aid the disabled; add Medical Durable Goods as a conditional use in the Residential Office (RO) zoning district; clarify areas of responsibility for the State of Nevada Division of Child and Family Services and Carson City Health Department in Child Care Facilities and that they must be satisfied prior to activation of the Special Use Permit; clarify text regarding freestanding telecommunication equipment and facilities and when additional review is required for height.

B) Action to approve a Master Plan Amendment application from George Szabo (property owner: Vidler Water Company, Inc.) to modify the Master Plan land use designation boundary of three parcels from Low Density Residential (5 acres) and Conservation Reserve (approximately 40 acres) to Low Density Residential (approximately 6 acres) and Conservation Reserve (approximately 39 acres), on property located at 5080 Hells Bells Road, APNs 010-581-05 and -06 and 010-582-06. (MPA-07-218)

Staff Summary: The proposal would amend the boundaries of the Master Plan Land Use Map to remove a portion of the current Low Density Residential (LDR) designation from the floodplain and relocate it to approximately six acres of property above the floodplain. It would also allow the LDR portion of the property to be rezoned to Single Family One Acre (SF1A).

C) Action to introduce, on first reading, an ordinance to change the zoning of approximately a six acre portion of APNs 010-581-05 and -06, property located at 5080 Hells Bells Road, from Agriculture (A) to Single Family One Acre (SF1A). (ZMA-07-219)

Staff Summary: The proposed amendment would change the zoning of a portion of the property to allow the development of four 1.5-acre lots, as conceptually shown by the applicant, while retaining the remainder of the property for open space and public use.

14. Public Works

A) Action to accept the Regional Transportation Commission's March 12, 2008 meeting recommendation that the Board of Supervisors approve a resolution declaring the public interest and necessity in the authorization of a lawsuit to exercise the power of eminent domain for right-of-way of approximately 6856.5 square feet of land for APN 009-084-01 and 4238.8 square feet of land for APN 009-089-01, for a public utility easement of approximately 130 square feet and 2501 square feet for APN 009-084-01 and 2165.1 square feet for APN 009-089-01, and a temporary construction easement of approximately 2850.6 square feet for APN 009-084-01 and 469.7 square feet for APN 009-089-01 owned by SINV, LLC, for the widening of Fairview Drive and to authorize a stipulation to entry on to the land, and to authorize all other actions necessary to accomplish the taking. 

Staff Summary: As a part of Fairview Drive Widening Project, this right-of-way and easements are necessary for the relocation of utilities, the installation of curbs, gutters, sidewalks and the addition of another travel lane for each direction of travel.

B) Action to accept the Regional Transportation Commission's February 13, 2008 meeting recommendation that the Board of Supervisors approve a resolution declaring the public interest and necessity in the authorization of a lawsuit to exercise the power of eminent domain for right-of-way of approximately 4,843.5 square feet of land, for a public utility easement of approximately 2,999.4 square feet of land and a temporary construction easement of approximately 4,227.5 square feet of land which is a portion of APN 09-552-01 owned by Mission of Nevada, Inc, for the widening of Fairview Drive and to authorize a stipulation to entry on to the land, and to authorize all other actions necessary to accomplish the taking.

Staff Summary: As a part of Fairview Drive Widening Project, this right-of-way and easements are necessary for the relocation of utilities, the installation of curbs, gutters, sidewalks and the addition of another travel lane for each direction of travel.

C) Action to find that the proposed ordinance amending Title 12, Water, Sewerage and Drainage, Chapter 12.12, Solid Waste Management, Section 12.12.047, Landfill Rates and Fees, by increasing out-of-county rates 25 percent for compacted and uncompacted municipal solid waste and Class III waste, increasing in-county tonnage rates for compacted and uncompacted municipal solid waste and Class III waste by 4.82 percent and increasing in-county minimums by $1.00 and other matters properly related thereto, does impose a direct and significant economic burden on a business or directly restrict the formation, operation or expansion of a business, that a business impact statement has been prepared, accepted and is on file with the Board of Supervisors and that the requirements of the act have been met.

Staff Summary: Staff recommends that the Board of Supervisors consider an increase in landfill rates fees to support general fund operations and capital requirements, with a 25% increase to all out-of-county rates for MSW compacted and uncompacted and Class III (construction/demolition) wastes, a $1.00 increase to the in-county minimums ($5 vs $4), and a 4.82% CPI increase to in-county tonnage fees for compacted and uncompacted MSW and Class III waste.

D) Action to introduce, on first reading, an ordinance amending Title 12, Water, Sewerage, and Drainage, Chapter 12.12, Solid Waste Management, Section 12.12.047, Landfill Rates and Fees, by increasing out-of-county rates 25 percent for compacted and uncompacted municipal solid waste and Class III waste, increasing in-county tonnage rates for compacted and uncompacted municipal solid waste and Class III waste by 4.82 percent and increasing in-county minimums by $1.00 and other matters properly related thereto. 

Staff Summary: Staff recommends that the Board of Supervisors consider an increase in landfill rate fees to support general fund operations and capital requirements, with a 25% increase to all out-of-county rates for Municipal Solid Waste (MSW) compacted and uncompacted and Class III (construction/demolition) wastes, a 4.82% CPI increase to in-county tonnage fees for compacted and uncompacted MSW and Class III waste and $1.00 increase to the in-county minimums ($5 vs $4).

E) Action to adopt, on second reading, Bill No. 112 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 increasing all rates twenty-four (24) percent effective July 1, 2008, and other matters properly related thereto. 

Staff Summary: The proposed increase of rates reflected in Chapter 12.03 provide for the necessary revenue requirements to operate, maintain and meet debt obligations.

F) Staff presentation regarding the National Flood Insurance Program's (NFIP) Community Rating System (CRS) as it relates to Carson City. 

Staff Summary: The National Flood Insurance Reform Act of 1994 codified the Community Rating System in the NFIP. Under the CRS, flood insurance premium rates are adjusted to reflect the reduced flood risk resulting from community activities that meet the three goals of the CRS: Reduce flood losses; facilitate accurate insurance rating; and promote awareness of flood insurance. Staff will show a 15-minute video followed by five minutes of questions and answers.

15. 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

16. Action to Adjourn

Following a recess or the adjournment of the meeting, the Carson City Board of Supervisors will meet in closed session with its management representatives to discuss labor negotiations.

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: March 13, 2008

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