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 7, 2010
Time:       Beginning at 8:30 a.m.
Location: Community Center, Sierra Room
                851 East William Street
                Carson City, Nevada

Agenda

1. Call to Order
2. Roll Call
3. Invocation - Monte Fast, Retired Executive Director Friends In Service Helping
4. Pledge of Allegiance
5. Action on Approval of Minutes - December 3, 2009 and December 10, 2009 
6. Adoption of Agenda
7. 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, the Carson City Redevelopment Authority and the Carson City Board of Health. 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.

8. 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.

8-1. Assessor

A) Action to appoint members to the Carson City Board of Equalization and to confirm the designation by the Mayor of a chairperson of the Carson City Board of Equalization. (Dave Dawley)

Staff Summary: NRS 361.340 establishes the Carson City Board of Equalization as consisting of five members. The Carson City Board of Supervisors is required to appoint the members of the Board of Equalization by a majority vote and the Mayor is required to designate a member of the Board of Equalization as the chairperson.

B) Action to approve the removal of a portion of the taxes from parcel number 003-225-10 (412 N. Curry St.) from the 2005/06, 2006/07, 2008/09 and the 2009/10 Real Property Tax Roll per NAC 361.61066 in the amount of $179.65. (Kimberly Adams)

Staff Summary: The owners of APN 003-225-10 appealed the Assessor's determination of the Property Tax Cap Abatement for the fiscal year 2006, 2007 and 2008. Per NAC 361.61066, the Chief Administrative Hearing Office Administrative Law Judge for the Department of Taxation, Mr. Gregory L. Zunino, ruled in favor of the appellant and ordered the Assessor to correct the property tax cap. The Assessor's office is asking that the amount of taxes be adjusted to reflect the correct tax cap per the "The Findings of Fact and Conclusions of Law" as stated in this decision going back to fiscal year 2005. These recalculations then affect the fiscal year 2009 and 2010 taxes requiring additional adjustments.

C) Action to approve the removal of a portion of the taxes from parcel number 009-803-03 (1467 Mallard) from the 2006/07, 2007/08, 2008/09 and the 2009/10 Real Property Tax Roll per NRS 361.765 in the amount of $730.33. (Dave Dawley)

Staff Summary: The owner of APN 009-803-03 notified the Assessor's Office on December 18, 2009 that the property was being taxed with the incorrect abatement cap. The owner sent in the "Owner Occupancy Card" in a timely manner for the 2006/07 fiscal year, which stated the property was his "primary residence." However, the Assessor's Office incorrectly entered the property as a "Rental" which capped the home at the higher property cap. Per NRS 361.765, the Assessor's Office is asking that the amount of taxes be adjusted to reflect the correct tax cap.

8-2. Clerk/Recorder

Annual Report of the Carson City Recorder Per NRS 247.305.  (Alan Glover)

Staff Summary: This report shows actual revenues and expenditures for FY 07-08 and projected revenues and expenditures for FY 08-09. NRS 247 requires the county recorder to submit an annual report to the Board of Supervisors which contains: (a) an estimate of the proceeds that the county recorder will collect from the additional fee imposed pursuant to subsection 2 of NRS 247.305 (b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to the same subsection for the costs related to the technology required for the office of the county recorder.

8-3. Purchasing and Contracts

A) Action to determine that Contract No. 0910-129 is a contract for the services of a professional engineer; that the selection was made on the basis of the competence and qualifications of the engineer, for the type of services to be performed and not on the basis of competitive fees; and therefore not suitable for public bidding pursuant to NRS 625.530; and to approve Contract No. 0910-129 with Carollo Engineers to provide Engineering Services for the Wastewater Reclamation Plant - Phase 1 North Lift Pump Station Improvements through January 7, 2011, for a not to exceed cost of $195,775 to be funded from the Sewer Capital Fund Account WWTP No. Lift Station Upgrade 515-0000-434-79-85 as provided in FY 2009/2010. (Sandy Scott)

Staff Summary: This Contract is to provide professional services for the Wastewater Reclamation Plant Phase 1 - North Lift Pump Station Improvements. Consultant is to provide the following services for the construction of the aforementioned project: prepare plans and specifications, manage subconsultants, update electrical power study, provide support material for permit applications and construction cost estimate.

B) Action to determine that Contract No. 0910-130 is a contract for supplies, materials or equipment that are available pursuant to an agreement with a vendor that has entered into an agreement with the General Services Administration or another governmental agency located within or outside this State and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve Contract No. 0910-130 a request for one time purchase of a SnoGo model WK 800 self-contained loader mounted snow blower from Wausau-Everest through the State of Minnesota to be funded from Sewer Equipment/Storm Drain Equipment, Streets Equipment Funds as provided in FY 2009/2010. (Sandy Scott)

Staff Summary: In preparation of taking ownership of numerous State streets, Carson City Public Works must purchase a snow blower to pick up snow from Carson Street and others as no storage space is available in the downtown corridors. This unit will also enable us to clear the business district more efficiently and provide a means to clear and widen the roads in higher elevations with less damage to curbs and other fixed facilities when necessary. It was originally planned to purchase the blower next year, however due to the long lead time, staff is recommending that the purchase be made now to ensure that the equipment is here for next year.

8-4. City Manager

Action to appoint one member to the Carson River Advisory Committee for a three year term expiring January 2013. (Larry Werner)

Staff Summary: Resolution number 2000-R-20 re-establishes that the Carson River Advisory Committee is to consist of seven members appointed by the Board of Supervisors with two designated as "owners of less than 20 acres." There is one vacancy to be filled for an owner of less than 20 acres due to a member's term expiring. Ernest Rink has requested reappointment. There are no other applicants.

(End of Consent Agenda)

9. Recess as Board of Supervisors

Liquor and Entertainment Board

10. Call to Order & Roll Call - Liquor and Entertainment Board

11. Action on Approval of Minutes - November 19, 2009 and December 3, 2009

12. Public Works - Business License

A) Action to approve Timothy Herbst as an additional liquor manager for Terribles (Liquor License #10-26806, #10-25539, and #10-25532) locations at 4640 S. Carson St., 1102 N. Carson St., and 1615 E. Fifth St., Carson City. (Jennifer Pruitt)

Staff Summary: All liquor license requests are to be reviewed by the Liquor Board per CCMC 4.13. Timothy Herbst is applying to be listed as an additional liquor manager on the existing packaged liquor licenses. The background investigation has been completed and staff is recommending approval.

B) Action to approve James and Jie Li Gotchy as the liquor managers for Lily's China Bistro (Liquor License #10-26901) located at 1280 S. Carson St., Carson City. (Jennifer Pruitt)

C) Action to approve Douglas and Roberta Cramer as the liquor managers for Paradise Cove (Liquor License #10-27039) located at 1200 S. Stewart St., Carson City. (Jennifer Pruitt)

Staff Summary: All liquor license requests are to be reviewed by the Liquor Board per CCMC 4.13. The background investigation has been completed and staff is recommending approval.

D) Action to approve Shahrokh Shokouhi as the liquor manager for Pizza Hut (Liquor License #10-12174) located at 2441 N. Carson St., Carson City. (Jennifer Pruitt)

Staff Summary: All liquor license requests are to be reviewed by the Liquor Board per CCMC 4.13. Shahrokh Shokouhi is applying to be listed as the liquor manager on the existing liquor license. The background investigation has been completed and staff is recommending approval.

E) Action to appoint a Hearings Officer for Administrative Citations issued to Liquor License holders. (Jennifer Pruitt)

Staff Summary: Staff recommends the appointment of Lee Plemel to the position of Hearings Officer. This appointment will save additional staff cost and provide the use of staff already trained to serve as a Hearings Officer.

13. Action to Adjourn as the Liquor and Entertainment Board

14. Reconvene as the Board of Supervisors

Ordinances, Resolutions, and Other Items

15. Any item(s) pulled from the Consent Agenda will be heard at this time.

16. Supervisor Livermore

A) Motion to reconsider the action to adopt a resolution consenting to the payment of a $40,000.00 incentive to Paradise Cove Café to assist in paying for the costs of a new restaurant and retail project at Carson Mall authorizing the expenditure of $40,000.00 from the Revolving Fund for the Redevelopment Authority for the purpose of paying this incentive with the Board of Supervisors determining that this project meets the incentive program criteria and the necessary findings set forth in NRS 279.486.

Staff Summary: At the October 15, 2009 Board of Supervisors meeting, the action to approve Redevelopment Authority incentive funding for Paradise Cove Café was not approved. Supervisor Livermore was on the prevailing side of the vote. Supervisor Livermore desires to have the Board of Supervisors reconsider the motion to approve the incentive payment in the amount of $40,000.00 to the owner of Paradise Cove Café.

B) Discussion and possible action to adopt a resolution consenting to the payment of a $40,000.00 incentive to Paradise Cove Café to assist in paying for the costs of the new restaurant and retail project at Carson Mall, and authorizing the expenditure of $40,000.00 from the Revolving Fund for the Redevelopment Authority for the purpose of paying this incentive with the Board of Supervisors determining that this project meets the incentive program criteria and the necessary findings set forth in NRS 279.486.

Pursuant to NRS 279.628, this resolution must be adopted by a two-thirds vote of the Board of Supervisors.

Staff Summary: On October 5, 2009, the Redevelopment Authority Citizens Committee (RACC) recommended approval of incentive funding for the complete remodeling of the building located at Carson Mall. This project benefits the redevelopment area as it relates to the incentive program=s criteria: aesthetics, curing of blight, job creation, business retention, addition of tax revenues and enhancement of the community's vision. The Redevelopment Authority recommended approval by the Board of Supervisors on October 15, 2009 but the authorizing resolution was not adopted.

17. Purchasing and Contracts

Action to accept Public Works recommendation to approve Amendment No. 1 to Contract No. 0809-176 with Property Specialists, Inc. titled "On Call Right-of-Way Consulting" to expand the scope of work and increase the contract in an amount not to exceed $375,000.00 from Various Capital Improvement Project Funds as provided for in FY2009/2010. (Sandy Scott)

Staff Summary: This project is needed to perform specialty Right-of-Way acquisition services for the continuing acquisition of property for the Roop Street Project and to provide additional appraisal services to enable Carson City to resell certain real property acquired for Carson City Capital Projects.

18. Public Works

A) Action to adopt a resolution approving and authorizing the Mayor to sign an Interlocal Agreement by and between Carson City and Douglas County Relating to Water Service. (Andy Burnham)

Staff Summary: This agreement facilitates the delivery of Carson City owned water rights from the Town of Minden, through Douglas County, to Carson City. This agreement sets forth the provisions to construct and operate connection of the Douglas and Carson water systems through a project referred to as the "North Douglas County and Carson City Water Line Intertie Project."

B) Action to adopt a resolution approving and authorizing the Mayor to sign an Interlocal Agreement by and between the Town of Minden and Carson City for the sale and transfer of water rights and the delivery of water. (Andy Burnham)

Staff Summary: This agreement provides for the purchase of 1,250 acre feet of water rights from the Town of Minden and the transfer of up to 2,000 acre-feet of Carson City water rights to the Town of Minden and for all of the above water rights to be pumped from Minden wells and delivered to Carson City via the "Douglas County and Carson City Water Line Inertie Project."

C) Action to adopt a resolution approving and authorizing the Mayor to sign an Interlocal Contract between Carson City and the Carson Water Subconservancy District addressing funding for the Construction of the Carson City Water Line Internal Intertie Project. (Andy Burnham)

Staff Summary: This agreement provides for an annual reimbursement to Carson City in the amount of $125,000 for twenty years for costs for increasing the capacity of the City water system delivery capability for the region.

19. Public Works - Planning and Zoning

A) Action to adopt Bill No. 131, on second reading, an ordinance amending the Carson City Municipal Code Title 18, Zoning, Chapter 18.16, Development Standards, Division 4, Signs, Section 4.4.7, Administration, Exceptions, to modify the regulations relating to the temporary display of banners and other sign devices, and other matters properly related thereto. (ZCA-09-085) (Lee Plemel)

Summary: An ordinance was adopted in January 2009 to temporarily eliminate time limits on banners for a period of one year in order to allow commercial businesses more advertising alternatives during difficult economic conditions. The ordinance expires at the end of 2009 and a new ordinance must be adopted to continue the same temporary sign provisions or modify them.

NOTE:  ITEMS 19B, 19C & 19D ARE COMBINED INTO ONE PACKET BUT DUE TO THE SIZE ARE SPLIT INTO TWO SECTIONS.

B) Action regarding an appeal of the Planning Commission's approval of a Special Use Permit to allow a charter school campus on property to be zoned Public Regional (PR), located at 2222 College Parkway, APN 005-011-03. (SUP-09-037) (Jennifer Pruitt)     Section 1        Section 2

Staff Summary: Decisions of the Planning Commission may be appealed to the Board of Supervisors. The Comstock Casino is appealing the approval of the Special Use Permit.

C) Action to approve a Master Plan Amendment application to modify a portion of a parcel from Industrial (I) to Public/Quasi-Public (P/QP) for property located at 2222 College Parkway, APN 005-011-03. (MPA-09-035) (Jennifer Pruitt)   Section 1        Section 2

Summary: The proposal would amend the boundaries of the Master Plan Land Use Map to remove the current Industrial designation from a 4.7 acre portion of the subject site and change it to the Public/Quasi-Public designation. The 9.35 acre remainder of the subject property would retain the existing Industrial designation. This application is being processed concurrently with ZMA-09-036 for a public charter school campus.

D) Action to introduce, on first reading, an ordinance to amend the zoning on a portion of the parcel from Limited Industrial (LI) to Public Regional (PR), located at 2222 College Parkway, APN 005-011-03. (ZMA-09-036) (Jennifer Pruitt)       Section 1        Section 2

Summary: The proposed Zoning Map Amendment would allow a 4.7 acre portion of the property to be zoned Public Regional (PR), in order for the land to be developed for the proposed Silver State High School campus. The 9.35 acre remainder of the subject site would retain the existing Limited Industrial zoning designation.

E) Action to accept the Carson City Master Plan Annual Report and recommendations from the Planning Commission regarding the implementation of the goals and policies of the Master Plan. (MPA-09-083) (Lee Plemel)

Summary: State law (NRS 278.190) requires the Planning Commission to annually make recommendations to the Board of Supervisors regarding the implementation of the Master Plan. The annual report includes information regarding past, current and future Master Plan implementation actions for the Board of Supervisors' consideration.

20. City Manager

Discussion and update on the proposed Nugget Economic Development Project. (Larry Werner)