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

Day:          Thursday
Date:         February 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 - Bill McCord, First United Methodist, 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. Treasurer

A) Action to approve a full bar liquor license for Mr. Gurmukh Singh Badhan, owner of the Lucky 7 Bar, located at 1914 North Carson Street. 

Staff Summary: Per CCMC 4.13 all liquor requests are to be brought before the liquor board.

B) Action to approve a full bar (on premise and packaged) liquor license for CaiE George, member and liquor manager of CaiE's Carson City Café, Ltd. dba CaiE's Oriental Café, located at 301 North Carson Street. 

Staff Summary: Per CCMC 4.13 all liquor requests are to be brought before 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

A) Action to approve the partial removal and refund of taxes for parcel numbers 007-551-02, 007-552-01, 007-552-04, 007-552-09, 007-552-14, 007-552-15 and 007-552-16 (Silver Oak Golf Course parcels) and 010-581-15 (Empire Ranch Golf Course) from the 2006/07 Real Property Tax Roll per NRS 361.090, 361A.225 and 361A.280 in the amount of $286.76.

Staff Summary: The values on parcel numbers 007-551-02, 007-552-01, 007-552-04, 007-552-09, 007-552-14, 007-552-15 and 007-552-16 (Silver Oak Golf Course parcels) and 010-581-15 (Empire Ranch Golf Course) were adjusted to comply with new golf course valuation regulations Per NRS 361.090, 361A.225 and 361A.280. The Assessor's office is asking for a partial removal of the taxes from the 2006/2007 Real Property Tax Roll. The Assessor's office is also asking that any amount that has been overpaid during the first two installments be refunded.

B) Action to approve the partial removal and refund of taxes for parcel numbers 007-061-34, 007-061-35, 007-061-36, 007-061-37, 007-061-38, 007-061-39 and 007-061-40 (located above Kings Canyon Rd.) from the 2006/07 Real Property Tax Roll per NRS 361.050 in the amount of $453.18.

Staff Summary: The parcels located above Kings Canyon Rd. (APN's 007-061-34, 007-061-35, 007-061-36, 007-061-37, 007-061-38, 007-061-39 and 007-061-40) were purchased by the United States of America, document # 362368, dated 12/20/06. These parcels are now tax exempt per NRS 361.050. The Assessor's office is asking that the taxes be pro-rated from July 1, 2006 thru December 20, 2006 and that the remaining amount be removed from the 2006/07 Real Property Tax Roll. The entire tax bill has been paid for the year; therefore, the Assessor's office is also asking that the amount that was overpaid be refunded.

C) Action to approve the partial removal and refund of taxes for parcel number 002-105-99 (located at 2300 Hwy 50 East) from the 2006/07 Real Property Tax Roll per NRS 361.157 in the amount of $3,059.19.

Staff Summary: The parcel located at 2300 Hwy 50 East (APN: 002-105-99) was being leased to Mulligan's Inc. from the State of Nevada. As of 9/14/06, the property was vacated and no longer taxable per NRS 361.157. The Assessor's office is asking that the taxes be pro-rated from July 1, 2006 thru September 14, 2006 and that the remaining amount be removed from the 2006/07 Real Property Tax Roll. The entire tax bill has been paid for the year; therefore, the Assessor's office is asking that the amount that was overpaid be refunded.

D) Action to approve the removal of taxes in the amount of $35,833.47 and the removal of the penalties in the amount of $1,254.25 for parcel number 007-531-99 (located on Medical Parkway) from the 2006/07 Real Property Tax Roll per NRS 361.140. 

Staff Summary: As a result of the State Board of Equalization decision, the Carson-Tahoe Cancer Center is exempt from taxation as per NRS 361.140. The Assessor's office is asking that the taxes and penalties be removed from the 2006/07 Real Property Tax roll.

E) Action to approve the partial removal and refund of taxes for parcel number 007-051-07 (40 acres north of Hwy 50 West) from the 2006/07 Real Property Tax Roll per NRS 361.060 in the amount of $107.89.

Staff Summary: The property consisting of 40 acres north of Hwy 50 West (APN: 007-051-07), was purchased by Carson City, a Consolidated Municipality on December 20, 2006. This property is now tax exempt per NRS 361.060. The Assessor's office is asking that the taxes be pro-rated from July 1, 2006 thru December 20, 2006 and that the remaining amount be removed from the 2006/07 Real Property Tax Roll. The entire tax bill has been paid for the year; therefore, the Assessor's office is also asking that the amount that was overpaid be refunded.

4-2. Parks & Recreation - Open Space

A) Action to appoint and authorize the Mayor, the City Clerk Recorder or designee to swear Mr. Mark Warren as the appraiser for Carson City with regard to the self-contained appraisal of the following property in Carson City: 1) V-R Property Management APN 10-582-01, consisting of 2.470 acres located on the Carson River east of central Carson City. 

Staff Summary: Appraisals are required by state law in order to determine the value of property to be purchased. This action is for appointment of Mr. Mark Warren as the appraiser for the property, as required by NRS 244.275. The approximate cost of the appraisal is $3,500.00 that will be paid from the Open Space Question 18 fund.

B) Action to appoint and authorize the Mayor, the City Clerk Recorder or designee to swear Mr. Mark Warren as the appraiser for Carson City with regard to the self-contained appraisal of the following property in Carson City: 1) Mr. Duane Steidley APN 7-031-29, consisting of 137.060 acres located on both sides of US Highway 50, approximately seven miles west of Carson City. 

Staff Summary: Appraisals are required by state law in order to determine the value of property to be purchased. This action is for appointment of Mr. Mark Warren as the appraiser for the property, as required by NRS 244.275. The approximate cost of the appraisal is $4,500.00 that will be paid from the Open Space Question 18 fund.

4-3. Purchasing and Contracts

A) Action to approve Contract No. 0607-048 a request for the purchase of CIPAce Software from CIPPlanner Corporation for a not to exceed cost of $68,458 exempt from competitive bidding. Fiscal year 2006/2007 funding will be provided as follows: $15,000 from RTC Fund, $5,000 from Streets Fund, $10,000 from Stormwater Fund, $24,458 from Sewer Fund, and $14,000 from Water Fund.

Staff Summary: CIPAce Software is a web-based enterprise class software application that helps government agencies manage their entire capital program and capital projects from planning to implementation to completion. CIPAce Software provides extensive tools for developing the Capital Improvement Plan and managing the implementation of the plan and associated capital projects. CIPAce Software is designed to accommodate a wide range of planning and management processes and is flexible while incorporating controls for each step of the planning and management cycle. The entire capital plan, including all historical budgets and plans, actual project expenditures and schedules, is managed by one single database.

B) Action to approve Contract No. 0607-067 a request to enter into a price agreement with Insight Public Sector, Inc. through January 31, 2008 for the purchase of hardware which is exempt from competitive bidding pursuant to NRS 332.115 subsection (1) (g).

Staff Summary: This contract will allow the Information Technology Department to purchase hardware from Insight Public Section, Inc.

C) Action to approve Contract No. 0607-068 a request to have the Board of Supervisors determine that the 1994 Bobcat Loader Model #853-H Serial #512816614 is no longer required for public use by Carson City, authorize its trade-in for $6,400.00, and authorize the purchase of one (1) current production model Bobcat S300 Skid-Steer Loader from Bobcat of Reno for $51,737.00 less the $6,400.00 trade-in for a not to exceed cost of $45,337.00 split evenly between the Sewer Fund, the Storm Drain Fund, and the Streets Maintenance Fund Fiscal Year 2006/2007 exempt from competitive bidding.

Staff Summary: The 1994 Bobcat loader has 1,965 hours of operation and has experienced a number of age related failures. Staff is recommending its replacement also be a Bobcat as Public Works has approximately $20,000.00 worth of attachments that won't fit another brand of equipment, has operators that have been trained on Bobcat equipment, and has been pleased with the performance of Bobcat equipment.

4-4. Public Works - Contracts

Action to accept the recommendation of Public Works to accept the work as completed, to accept the Contract Summary as presented, and approve this release of final payment in the amount of $12,668.00 on the Carson City Municipal Well #16B Project, Contract # 2005-129, to Resource Development Company, 2305 Glendale Avenue #10, Sparks, Nevada 89431.

Staff Summary: On February 15, 2006, Carson City received sealed bids for all labor, materials, tools and equipment necessary to provide and install a new pump and pump components at Well #16B. This project involved construction of the required electrical and mechanical systems to extract the water from the well, treat it, and deliver it to the City's municipal water system. The construction of the new well equipment storage facility and related infrastructure for a new potable water well located in the Lakeview Subdivision, in Carson City, Nevada has been completed and we are requesting release of final payment.

4-5. Development Services - Engineering

A) Action to rescind and cancel Ordinance #1992-54, a Water Line Reimbursement Agreement between Carson City and the Reese Family Trust regarding parcel "D" of parcel map number 1954 located on Cochise Street between Overland Street and Roventini Way, Carson City, Nevada; which benefitted the owners of APNs: formerly 009-264-01 at 200 W. Overland Street and now 009-262-08 at 4348 S. Carson Street; 009-261-03 at 4250 Cochise Street; formerly 009-151-34 and now 009-153-09 at 288 W. Clearview Drive, Carson City, Nevada; and authorize the Mayor to sign the Cancellation.

Staff Summary: Staff is requesting that the Board of Supervisors approve the cancellation of the Water Line Reimbursement Agreement between Carson City and the Reese Family Trust.

B) Action to approve Dedication of Land for Public Right-of-Way from Jerry L. Weaver and Yvonne ("Yvette") Weaver to Carson City for a portion of Boeing Way; 30 feet wide by 641.32 feet long containing 19,239 square feet +/-; from APN 008-682-04.

Staff Summary: The dedication which coincides with an access and utility easement is being given to the City to complete and clarify the roadway connection from Goni Road to the east as separate from the adjoining property. The dedication was intended to occur a number of years ago when the roadway was installed. The dedication has been coordinated with Development Engineering and is properly shown on Exhibit A of the dedication.

C) Action to rescind and cancel Ordinance #1992-45, a Water Line Reimbursement Agreement between Carson City and El Camino Development Company regarding assessor's parcel numbers 009-311-28 and 009-311-33 located at Caballeros Acres I and II, Carson City, Nevada; which benefitted the owners of APNs: 009-311-15 at 1351 Track Drive, 009-311-41 at 1733 Track Drive, 009-311-42 at 1777 Track Drive, 009-311-06 formerly at 6450 Bigelow Drive and now 6750 Saddlehorn Road, 009-311-34 at 6400 Bigelow Drive, 009-311-04 at 6515 Bigelow Drive, Carson City, Nevada; and authorize the Mayor to sign the Cancellation. 

Staff Summary: Staff is requesting that the Board of Supervisors approve the cancellation of the Water Line Reimbursement Agreement between Carson City and El Camino Development Company.

D) Action to approve Dedications of Land for Public Right-of-Way from Golden Sierra Investments, a Nevada Limited Liability Company to Carson City for: - a portion of Boeing Way; 30 feet wide by 320 feet long containing 9,600 square feet +/-; from APN 008-682-19, and  a portion of Boeing Way; 30 feet wide by 321.32 feet long containing 9,640 square feet +/-; from APN 008-682-20.

Staff Summary: The dedications which coincide with access and utility easements are being given to the City to complete and clarify the roadway connection from Goni Road to the east as separate from the adjoining property. The dedications were intended to occur a number of years ago when the roadway was installed. These dedications have been coordinated with Development Engineering and are properly shown on Exhibit A of the dedications.

E) Action to rescind and cancel Ordinance #1993-21, a Waterline Reimbursement Agreement between Carson City and Jose Cervantes Jr. regarding assessor's parcel number 008-293-03 located at 2319 Darla Way, Carson City, Nevada; which benefitted the owners of APNs: 008-292-08 at 2232 Darla Way, 008-292-07 at 2298 Darla Way, Carson City, Nevada; and authorize the Mayor to sign the Cancellation. 

Staff Summary: Staff is requesting that the Board of Supervisors approve the cancellation of the Waterline Reimbursement Agreement between Carson City and Jose Cervantes Jr.

4-6. City Manager

Action to reappoint Lou Ann Speulda-Drews and appoint Dr. Gregory Hayes to the Historic Resources Commission for four year terms ending January 2011.

Staff Summary: C.C.M.C. Chapter 18.06.020 establishes the Historic Resource Commission to consist of seven members with "at least one member of the HRC shall be a professional in the field of historic preservation" and "at least one person who owns property and resides within the district" must be included in the membership. The Commission recommends reappointment of Lou Ann Speulda-Drews for the Historical position and Dr. Gregory Hayes for the Resident in the Historic District position.

(End of Consent Agenda)

Approximate Time - 8:40 a.m.

Ordinances, Resolutions, and Other Items

5. Development Services - Building

A) Action to adopt, on second reading, Bill No.102, an ordinance amending Carson City Municipal Code Title 15, Buildings and Construction, Chapter 15.05 Building Code, Section 15.05.010 Adoption of the International Building Code, Appendices and Amendments, Section 105 Permits 105.3.2 Time Limitation of Application by deleting the existing paragraph and replacing it with a new paragraph on time limitations of applications, 105.5 Expiration by deleting the existing paragraph and replacing it with four new paragraphs specifying every permit shall become invalid unless the work has been commenced within 180 days after its issuance, or if work on the site is suspended or abandoned for 180 days but less than one year a new permit and a fee of one half of the permit will be required, in order to renew action on an expired permit a full permit fee is required, a permit may be extended one time only, permits issued by the Building Official become null and void 18 months after the date of issuance, a permit may be extended only one time for no more than 18 months, permits of a minor nature become null and void 6 months after the date of issuance, Section 108 Fees 108.4 Work Commencing before Permit Issuance by deleting the existing paragraph and replacing it with a new paragraph naming the fee as an investigation fee that shall be equal to the amount of the permit fee, Section 1106 Parking and Passenger Loading Facilities 1106.1 Required by adding "not less than" before the words "four feet" and deleting "(4')", and other matters properly related thereto. 

Staff Summary: The proposed ordinance would modify the text of the Carson City Municipal Code by changing/adding to the current language for time limitations on applications per Sections 105.3.2 and 105, by establishing a fee for work commencing before permit issuance, and add language for accessible parking signage to be compatible with NRS 484.408.

B) Action to adopt, on second reading, Bill No.103, an ordinance amending Carson City Municipal Code Title 15, Buildings and Construction, Chapter 15.06 Residential Code, Section 15.06.010 Adoption of the International Residential Code, Appendices and Amendments, Section R105 Permits R105.2 Work Exempt from Permit delete number 1 under "Building:" and replace with a new number 1 specifying the maximum floor area is not to exceed 120 square feet, R105.3 Application for Permit 105.3.2 Time Limitation of Application by deleting the existing paragraph and replacing it with a new paragraph on time limitations of applications. 105.5 Expiration by deleting the existing paragraph and replacing it with four new paragraphs specifying every permit shall become invalid unless the work has been commenced within 180 days after its issuance, or if work on the site is suspended or abandoned for 180 days but less than one year a new permit and a fee of one half of the permit will be required, in order to renew action on an expired permit a full permit fee is required, a permit may be extended one time only, permits issued by the Building Official become null and void 18 months after the date of issuance, a permit may be extended only one time for no more than 18 months, permits of a minor nature become null and void 6 months after the date of issuance, and other matters properly related thereto. 

Staff Summary: The proposed ordinance would modify the text of the Carson City Municipal Code by changing/adding to the current language per Section R105.2, maximum allowed exempt structure is 120 square feet to be compatible with the International Building code, time limitations on applications per Sections 105.3.2 and 105.

6. City Manager

A) Action to submit a letter to the Nevada Department of Transportation encouraging sales of surplus properties along the Carson Freeway and specifically, that property at the northwest corner of the Carson Freeway and Highway 50. 

Staff Summary: A new mixed use development has been proposed along the north side of Highway 50 just west of the Carson Freeway. The development, as proposed, needs property along the freeway in order to provide for efficient circulation to serve the project. This project will contain 167,500 sq feet of retail space, 68,750 sq feet of office space, 15,000 sq feet of restaurant space, 200 hotel rooms, 27 condominiums and a parking garage.

B) Action to set the total amount available for annual funding of Carson City Community Support Services grant allocations for Fiscal Year 2007-2008 and to confirm the application and interview format and presentation of applications. 

Staff Summary: Carson City greatly benefits from the valuable assistance of various non-profit community organizations. In recognition of this service, Carson City provides Community Services grant funding to those worthwhile organizations on a case by case basis within annual fiscal constraints.

7. District Attorney

Action to introduce on first reading, an Ordinance amending Title 8 (Public Peace, Safety and Morals) by adding a new Chapter 8.21, Social Host Liability Ordinance, to the Carson City Municipal Code, and other matters properly relating thereto. 

Staff Summary: This ordinance is designed to effectively deter loud, unruly parties and gatherings on private premises. It is modeled upon a number of similar ordinances enacted around the United States which hold non-commercial individuals responsible for underage drinking, illegal drug activities or other dangerous and disruptive events occurring on property which they own, lease or otherwise control. Social host liability ordinances target the venues or locations where such nuisance activities take place, rather than directly target the wrong-doers (existing laws against furnishing alcohol to minors, minors consuming alcohol, possession or distribution of illegal drugs are already available direct-action tools).

This ordinance imposes civil liability, based upon public nuisance legal theory, upon social hosts and persons responsible for the private premises where loud or unruly gatherings take place. Responsible persons who conduct, aid, allow, permit or condone such gatherings are maintaining a public nuisance and subject to escalating civil fines over a 12-month period. First violations are $250, second violations in 12-months on the same premises or by the same responsible person is $500; three or more such violations is a $1,000 civil fine. In addition, the ordinance provides extensive notice provisions to landlords, owners, lessees and tenants when a violation is found to have occurred, including posting or "red-tagging" the premises. Owners and landlords who are not directly involved or abettors in the unlawful nuisance activity are given a warning notice before they become responsible, and are afforded a 45-day grace period between a first and second violation within which to take suitable corrective actions, such as legal eviction proceedings.

A key provision is the recovery of "response costs:" the costs incurred by police, fire or other emergency response providers, when such public officials are required to respond to a second or subsequent loud or unruly gathering within 12 months of a warning/posting being given to persons responsible for the premises. These response costs are defined to include emergency responder salaries and benefits, administrative costs, any medical treatment expenses, and/or damage to repair City equipment or property. All responsible persons, whether or not they reside on the premises, are jointly and severally liable for response costs after a second or subsequent violation. The ordinance further provides various appeal procedures akin to those available for other public nuisance abatement actions, and exempts constitutionally protected activities.