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

Day:         Thursday
Date:        December 4, 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 - Dave Goodale, Capital Christian Center
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

(Recess as Board of Supervisors)

Liquor and Entertainment Board

Call to Order & Roll Call

Action on Approval of Minutes

3. Development Services - Business License

A) Show Cause Hearing on Liquor License #08-23393 held by Dick Nollet dba 7-Eleven (Store #2236-15833) located at 3083 Hwy 50 E., Carson City, regarding why disciplinary action should not be taken pursuant to CCMC 4.13.150 - Disciplinary action procedure and penalties, based on the issuance of a citation for second offense criminal statute violation within six months related to the sale of liquor to a minor at the licensed premises and possible action to impose a fine not to exceed $500.00 and the requirement that the licensee attend the alcohol server training program within three months from todays date.

Staff Summary: Per CCMC 4.13.150 the Liquor Board shall issue an order to show cause why disciplinary action should not be taken.

B) Show Cause Hearing on Liquor License #08-24700 held by Blanca Gutierrez dba Novedades Gutierrez located at 1501 E. Fifth St., Carson City, regarding why disciplinary action should not be taken pursuant to CCMC 4.13.140 - Disciplinary action procedure and penalties, based on the failure of the licensee to promptly pay a required fee and possible action to suspend or revoke the license. 

Staff Summary: Per CCMC 4.13.150 the Liquor Board shall issue an order to show cause why disciplinary action should not be taken in the failure to pay the Administrative Citation fee issued on August 20, 2008 for the first offense criminal citation issued in the sale of liquor to a minor at the licensed premises.

Action to Adjourn as the Liquor and Entertainment 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. Development Services - Engineering

Action to approve and authorize the Mayor to sign the Release and Cancellation of the Improvement Agreement between Silver Oak Development Company and Carson City for Silver Oak PUD, Phase 7, covering a portion of APN 08-061-07, located on Flintwood Drive, south of College Parkway and east of Ormsby Boulevard, Carson City, Nevada.

Staff Summary: Staff is requesting that the Board of Supervisors authorize a release and cancellation of the Improvement Agreement for Silver Oak PUD, Phase 7. All of the requirements set forth in the Improvement Agreement have been completed and have passed the warranty as acceptable.

4-2. City Manager

Action to reappoint Carole Brewer, Terrill (Terri) Ozawa, and Roy Trenoweth to the Shade Tree Council, terms to expire January 1, 2011.

Staff Summary: There are three vacancies to be filled on the Shade Tree Council due to terms expiring. The Council has interviewed the applicants and recommends the reappointment of Terrill Ozawa, Carole Brewer and Roy Trenoweth.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

(Recess as Board of Supervisors)

Redevelopment Authority
 

Call to Order & Roll Call

Action on Approval of Minutes

5. Office of Business Development

A) Action to approve a Commitment Agreement for Continuing Business Operation between Carson City and Michael Hohl Motor Company that provides a financial incentive catalyst for the development of Mr. Hohl's new car sale facilities located within Redevelopment Project Area No. 2 in exchange for Mr. Hohl's commitment to retain all his auto dealerships in Carson City for a period of no less than 20 years. 

Staff Summary: Carson City's new franchised auto dealers generate approximately $200,000,000 in annual sales, which constitutes approximately 29 percent of Carson City's annual sales tax revenue. The Redevelopment Authority's Incentive Program for Redevelopment Project Area No. 2, South Carson Street - Carson Auto Row - provides for the use of redevelopment incentives to retain and expand Carson City's auto sales sector. On March 17, 2005, the Board of Supervisors adopted Resolution No. RAR-2, a resolution to allow the Redevelopment Authority/Board of Supervisors to consider, on an individual basis, projects/incentive packages that are clearly designed to secure and stimulate auto sales investment along South Carson Street. Consistent with the goals of Project Area No. 2's Redevelopment Plan, the Auto Sales Workgroup is proposing a 2-tiered incentive package for the Michael Hohl Motor Company to help Mr. Hohl develop state-of-the-art Honda, Subaru and possibly additional facilities to strengthen the auto sales sector in Carson City and generate increased new car sales. Mr. Hohl and the City have negotiated a Commitment Agreement that pledges his dealerships to remain in Carson City for no less than 20 years.

Action to Adjourn as the Redevelopment Authority

Board of Supervisors

B) Action to consent and approve a Commitment Agreement for Continuing Business Operation between Carson City and Michael Hohl Motor Company that provides a financial incentive catalyst for the development of Mr. Hohl's new car sale facilities located within Redevelopment Project Area No. 2 in exchange for Mr. Hohl's commitment to retain all his auto dealerships in Carson City for a period of no less than 20 years. 

Staff Summary: Carson City's new franchised auto dealers generate approximately $200,000,000 in annual sales, which constitutes approximately 29 percent of Carson City's annual sales tax revenue. The Redevelopment Authority's Incentive Program for Redevelopment Project Area No. 2, South Carson Street - Carson Auto Row - provides for the use of redevelopment incentives to retain and expand Carson City's auto sales sector. On March 17, 2005, the Board of Supervisors adopted Resolution No. RAR-2, a resolution to allow the Redevelopment Authority/Board of Supervisors to consider, on an individual basis, projects/incentive packages that are clearly designed to secure and stimulate auto sales investment along South Carson Street. Consistent with the goals of Project Area No. 2's Redevelopment Plan, the Auto Sales Workgroup is proposing a 2-tiered incentive package for the Michael Hohl Motor Company to help Mr. Hohl develop state-of-the-art Honda, Subaru and possibly additional facilities to strengthen the auto sales sector in Carson City and generate increased new car sales. Mr. Hohl and the City have negotiated a Commitment Agreement that pledges his dealerships to remain in Carson City for no less than 20 years.

6. Carson City Airport Authority

A) Action to introduce, on first reading, an ordinance amending the Carson City Municipal Code Title 19, Airport Rules and Regulations to relocate Section 19.05 which addresses Fees for Dissolution of Marriage to Section 2.33 and other matters properly related thereto.

Staff Summary: In conjunction with other revisions to Title 19 of the Carson City Municipal Code which addresses permitted activities, operations, construction and safety issues on the Carson City Airport, the Authority proposed to relocate Section 19.05 which addresses Fees for Dissolution of Marriage.

B) Action to adopt, on second reading, Bill No. 135, an ordinance amending the Carson City Municipal Code Title 19, Airport Rules and Regulations; amending definitions, deleting obsolete references, renumbering sections, establishing chain of command in absence of Airport Manager, addressing insurance and cleaning obligations for special events, establishing vehicle driving rules and limitations on pedestrian traffic in operation areas, replacing unconstitutional advertising restrictions, updating and raising traffic pattern altitude; adopting good pilot practices from the FAA Airman's Information Manual; incorporating fire regulations linked to CCMC Title 14 (Fire Code), establishing procedures for inspections of hangars are set forth, requiring reimbursement from applicants for cost of Authority engineering and legal review, adopting new provisions to define non-aviation business activities on the Airport; improving the list of information that must be included as support for Applications for business licenses on the Airport; clarifying language as to Class 1 through Class 5 Fixed Base Operators (FBOs); prohibiting residential uses except for emergency operations and with Airport Manager approval; requiring minimum aircraft ownership for certain FBOs; prohibiting outside storage of derelict aircraft; requiring that aircraft hangars be used for aircraft storage and information on aircraft registration; updating outdated insurance minimums; adding training requirements for Airport personnel; improves cooperative arrangement between the Airport, Sheriff's Office (which continues to have law enforcement authority upon the Airport) and the District Attorney such that offenses can be prosecuted and penalties can be assessed; adopts late payment penalties for lease payments; Prohibits dumping and trespass upon the Airport; Allows revocation of a Through-the-Fence Permit for failure to pay fees; contains newly revised Traffic Pattern Chart and other matters properly related thereto. 

Staff Summary: This Ordinance was heard on first reading on November 20, 2008. The Carson City Airport Authority has worked for the last 2 years in multiple public workshops and hearings to update and revise Title 19 of the Carson City Municipal Code which addresses permitted activities, operations, construction and safety issues on the Carson City Airport. The Authority has gone line by line through the entire Code, eliminated obsolete terms and references, updated language and brought references to safety codes in compliance with FAA, state and Carson City standards and codes.

C) Action to amend the Cooperative Agreement between Carson City and the Carson City Airport Authority to clarify the Airport Authority's leasing authority. 

Staff Summary: To clarify that the City has given the Airport Authority the authority to act as landlord on Airport leases between the Airport Authority and third parties. Carson City remains as property owner of the Airport property under the 1990 Cooperative Agreement between Carson City and the Carson City Airport Authority. The Airport Authority has listed itself as landlord on such leases and title companies have requested the amendment to the Agreement to clarify that the Authority has the right to act as landlord. The Airport Authority will continue to bring all Airport leases to the Board of Supervisors for approval pursuant to NRS 844.

D) Action to approve amendment to Airport lease between the Carson City Airport Authority and Airport Structures, LLC along with a Consent to Deed of Trust and Security Agreement and Fixture Filing with Assignment of Rents. 

Staff Summary: This is the first time that an airport tenant has asked to hypothecate an airport lease for the purpose of financing construction on the leasehold. The request also includes an extension of the underlying lease for an additional 4 years to achieve a full 50 year term on the lease. The Carson City Airport Authority considered the request at several meetings culminating in reaching an agreement with Airport Structures LLC at the Airport Authority meeting held on September 17, 2008, and approving it as set forth in the Consent document.

7. Development Services - Planning and Zoning

A) Action to adopt, on second reading, Bill No. 136, an ordinance amending the Carson City Municipal Code Title 18 Zoning, Chapter 18.02.080 Special Use Permit (Conditional Uses), to allow the Planning Commission to extend the expiration date of Special Use Permit approvals; amending Chapter 18.02.085 Variances, to allow the Planning Commission to extend the expiration date of Variance approvals; amending Chapter 18.05 General Provisions, Section 18.05.055 Accessory Structures, to clarify when an Administrative Permit is required; amending Chapter 18.16 Development Standards Division 1 Land Use Site and Design, Section 1.17 Multi-Family Apartment Development Standards to modify and clarify the required open space criteria for Multi Family Apartment units, specifically for projects of 10 units or less; amending Development Standards Division 1.18 Residential Development Standards in Non-Residential Districts to modify and clarify the required open space criteria for Multi Family Apartment units, specifically for projects of 10 units or less; and making various technical corrections and other matters properly related thereto. (ZCA-08-095)

Staff Summary: The proposed amendments would allow the Planning Commission to extend the expiration period for Special Use Permits and Variances beyond the present maximum of two years; amendment to 18.05.055 is to clarify when an Administrative Permit is required for accessory structures; amendment to DS 1.17 is to clarify the required open space criteria for Multi Family Apartment units, specifically for projects of 10 units or less; amendment to DS 1.18 is to clarify the required open space criteria for Multi Family Apartment units, specifically for projects of 10 units or less.

B) Action to approve a request for a one-year extension of the Final Map for the Common Open Space Subdivision known as Summer Hawk (property owner: Stanton Park Development and Hansler, LLC) located approximately 1,030 feet west of the intersection of Rhodes and South Curry Street. (File TSM-06-203)

Staff Summary: The current subdivision approval will expire on April 19, 2009. This request would extend the Final Map recordation to April 19, 2010 to better facilitate the success of the project, which involves subdividing five parcels into 201 residential lots with approximately 473 acres as parkland and open space on a total of 548.2 acres.

C) Action to approve a Master Plan Amendment to modify the text of the Land Use Plan, Chapter 8, Eastern Portal/V&T Railroad Gateway Specific Plan (V&T-SPA), to add a policy regarding the future change of land use from Industrial to Mixed-Use Commercial and/or Mixed-Use Residential for property located generally east of the Brunswick power substation and south of Astro Drive. (MPA-08-112) 

Staff Summary: The V&T-SPA provides specific policies for land use and future development in the eastern portion of the city along Highway 50 East, east of Deer Run Road. A portion of property is currently designated Industrial near the future V&T terminal site, but the property may be designated for commercial and residential uses upon cleanup of an existing landfill on the site in the future.

D) Action to approve an Abandonment of Public Right-of-Way application from John Procaccini, Brewery Arts Center (property owners: Brewery Arts Center/Carson City), to abandon a 66 foot wide section of Minnesota Street between West Second Street and West King Street, APNs: 003-206-02 and 003-207-04 and authorize the mayor to sign the Order of Abandonment. (AB-08-091)

Staff Summary: Pursuant to NRS 278.480 and CCMC Title 17, this application requests abandonment of a 66 foot portion of Minnesota Street public right-of-way, north of West Second Street and south of West King Street. The Brewery Arts Center plans to use the property for future facilities and events.

8. City Manager

A) Action to appoint Sean Lehman to the Parks and Recreation Commission for a 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 applicant for this vacancy.

B) Action to appoint one member to the Audit Committee for a two year term ending December 2010.

Staff Summary: Per Carson City Municipal Code Chapter 2.14 Section 2.14.030 "The Carson City Audit Committee shall be comprised of five (5) members; two (2) members from the Board of Supervisors, (2) two members from the public-at-large and the City's Director of Finance." There is one opening on the Audit Committee due to a member's term expiring.

- LUNCH BREAK -

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

9. City Manager

Action to appoint one member to the Regional Transportation Commission (RTC) to fill a two year term to expire December 31, 2010.

Staff Summary: NRS Chapter 373.040 and CCMC 11.20.030 provide for the creation and organization of a five member Regional Street and Highway Commission. Staggered two year terms are served by two members of the Board of Supervisors and three representatives of the city-at-large. There is one vacancy to be filled on the Regional Transportation Commission due to a members term expiring. Members of the RTC also serve on the Carson Area Metropolitan Planning Organization.

10. Mayor Teixiera

Presentation and update on the activities of Partnership Carson City.

Staff Summary: Beginning in July 2005, the Partnership Carson City Anti-Meth Coalition began working to develop partnerships, raise awareness, and develop a community response to the problem with methamphetamine and other illegal drug and alcohol in Carson City.