• By Albert Depew

11-16-06 Agenda with Supporting Materials

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Day:        Thursday
Date:       November 16, 2006
Time:       Beginning at 8:30 a.m.
Location: Community Center, Sierra Room
                851 East William Street
                Carson City, Nevada


Call to Order

Roll Call

Invocation - Dick Campbell, Presbyterian, 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

3. Presentation

Presentation of a Proclamation recognizing National Methamphetamine Awareness Day, November 30, 2006.

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.

4-1. Public Works Engineering

A) Discussion and action to approve a grant of easement for overhead electrical distribution and communication to Sierra Pacific Power Company for the relocation of a power pole in the area of the urban fishing pond at Carson City Fairgrounds/Fuji Park and to authorize the Mayor to sign the Grant of Easement documents.

Staff Summary: It is necessary to relocate a major Sierra Pacific Power Company pole to allow the construction of the urban fishing pond at Carson City Fairgrounds/Fuji Park.

B) Action to approve two Agreements between State of Nevada Division of State Lands, Southwest Gas Corporation and Carson City whereby the Division of State Lands agrees to (1) grant a permanent easement upon, over and across certain real property described as Assessors's Parcels Number APN 10-041-55 (Nevada State Prison parcel) for the purpose of construction, operation and maintenance of underground gas facilities and (2) grant temporary construction easements upon, over and across said real property for the purpose of construction of the gas facilities, and Southwest Gas agrees to certain conditions to occupy Carson City's existing easement and right-of-way.

Staff Summary: The easements are being requested from State Lands by Southwest Gas to provide for the relocation of their facilities necessitated by the construction of Phase 2A of the Carson City Freeway which encroach upon a portion of the City's existing utility easement and right-of way.

4-2. Public Works - Contracts

Action to accept Public Works Recommendation on the "Carson City Freeway Utility Relocation, Phase 2A - Colorado St., S. Saliman Rd., and Fairview Dr./Linear Ditch Construction Engineering Services" Contract No. 2006-075 and to authorize Public Works to issue payments to The Louis Berger Group, Inc., located at 500 Amigo Court, Suite 100, Las Vegas, Nevada 89119 for a contract amount not to exceed $39,220.10 and a contingency amount of $3,922.00 from the Water and Sewer NDOT Bypass Funds as provided for in FY 2006/2007.

Staff Summary: This contract will provide for construction engineering related to the City sewer and water relocations for Phase 2A of the Carson City Freeway in the Colorado St., S. Saliman Rd., and Fairview Dr./Linear Ditch area.

4-3. Public Works - Operations

A) Action to accept a grant from the Carson Water Subconservancy District (CWSD) in the amount of $50,000.00 to assist Carson City with the development and implementation of an Aquifer Storage and Recovery (ASR) Program.

Staff Summary: Staff recommends the acceptance of this grant to develop a sustainable, reliable, cost-effective ASR water resource management program in which water is introduced into permeable geologic formations using wells and then recovered for potable uses.

B) Action to accept a grant from the Carson Water Subconservancy District (CWSD) in the amount of up to $125,000.00 to assist Carson City with the restoration of several debris flow control structures that were impaired by the Waterfall Fire and subsequent flooding events.

Staff Summary: Staff recommends the acceptance of this grant to assist in the restoration of debris control structures located primarily on the west side of Carson City, that were impaired by the Waterfall Fire and subsequent flooding events.

C) Action to approve and authorize the Mayor to sign an Interlocal Agreement between The United States Department of the Interior, Bureau of Land Management, Carson City Field Office (BLM) and Carson City, allowing Carson City access to approximately 155 acres of public lands adjacent to the landfill for the processing and storage of biomass.

Staff Summary: This is a renewal of the existing agreement with the BLM that gives Carson City access to approximately 155 acres adjacent to the landfill for the processing and storage of biomass (wood waste) for another three year period. Carson City Renewable Energy, LLC, is currently contracted with Carson City to operate a biomass process on a portion of this site.

4-4. Health and Human Services

Action to approve a grant award in the amount of $147,500.00 from the Nevada Department of Health and Human Services, Health Division, for funds to support the Women, Infants, and Children (WIC) program.

Staff Summary: To assist eligible women, infants and children to achieve improved nutrition and health status by providing nutrition education, selected supplemental foods, and health referrals in a caring, supportive environment.

(End of Consent Agenda)

Approximate Time - 8:40 a.m.

Ordinances, Resolutions, and Other Items

5. Public Works

Action to approve of an Interlocal Agreement with NDOT for the Carson City Freeway Project to identify responsibilities associated with the Phase 2A improvements, right-of-way, utility relocation and maintenance due to construction of Phase 2A including payment of City requested costs which includes, among others, portions of Fairview Drive improvements for a total of $750,000 of which $582,253 is payment to NDOT and the balance is in-kind contribution. Costs to be funded from RTC, Streets, and Utility accounts.

Staff Summary: This is the next step in the Carson City Freeway Project. Phase 2A is ready to go to bid and staff and NDOT have prepared the Phase 2A Project Agreement similar in nature to the previous Project Agreements for Phase 1A and Phase 1B.

6. Public Works - Engineering

Action on a resolution declaring the public interest and necessity in the authorization of a lawsuit to exercise the power of eminent domain to an easement of approximately 372 square feet of land which is a portion of APN 09-191-11 and to an easement of approximately 657 square feet of land which is a portion of APN 09-287-02 Maria I. Dufur, Joe L. Dufur, Albert Dufur, and Michael Dufur for the construction of a sanitary sewer line from the east side of South Carson Street in the abandoned Patrick Street alignment to the west side of South Carson Street 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 Phase 2 of the Carson City Freeway, this sewer extension was identified as the means to provide sanitary sewer service to the area generally described as south of Clearview Drive and West of Carson Street. The project was on the City's Capital Improvement list to be funded by the Sewer Fund. Because of the necessity to get the sewer line installed, protracted negotiations without the right of entry will delay the project.

7. Public Works - Planning and Zoning

A) Action to consider an Abandonment of Public Right-of-Way application from Manhard Consulting, Ltd., (property owner: Reynen & Bardis (Carson), LLC) to abandon approximately 50 feet by 900 feet of Race Track Road from the west boundary of Cabellaros Acres II to the west line of SE 1/4 of NE 1/4 sections, on property zoned Single Family 6000 (SF6), located at 1200 Race Track Road, APN 009-311-03, based on seven findings and subject to five conditions of approval contained in the staff report and to authorize the Mayor to sign the order of abandonment. (File AB-06-163)

Staff Summary: This is an application for an abandonment of a 50 foot by 900 foot wide portion of Race Track Road. The total area of the proposed abandonment is approximately 45,000 square feet, and is based on the seven findings and subject to the five conditions of approval contained in the staff report.

B) Report to the Board of Supervisors and possible action to direct staff regarding possible amendments to the Carson City Municipal Code Title 18, Chapter 18.16, Development Standards, Division 4, Signs relating to commercial signs and off-premise signs (billboards) on private property along the freeway corridor, including discussion regarding height and size regulations, and other matters properly related thereto. (File ZCA 06-102.)

Staff Summary: The Carson City Master Plan identifies the potential need for specific regulations for signs along the freeway. Based upon discussion with the Planning Commission that included potential freeway-oriented sign regulations, the Planning Commission and city staff recommend no changes to the current sign ordinance at this time. The current sign ordinance requires a Special Use Permit for signs that exceed the permitted sign area, sign height (currently 20 feet for single commercial uses and 30 feet for shopping centers) and number of freestanding signs. The current sign ordinance also prohibits billboards along the freeway.

8. Health and Human Services

Action to introduce, on first reading, an ordinance amending Chapter 12.05 of the Carson City Municipal Code, Sewer Connection and Individual Sewage Disposal System General Requirements Section 12.05.020 Connection to Municipal Sewer System Required, by deleting the four hundred (400) foot connection standard, creating a new connection standard, explaining the approval requirements to alter, move, extend a system, defining a failed system and other matters properly related thereto. 

Staff Summary: The code currently requires that all industrial, business and residential establishments connect to the Carson City sanitary sewer if the parcel is within four hundred (400) feet of the sewer. The code is very restrictive and many cases cost prohibitive for the property owner.

9. District Attorney

Action to introduce, on first reading, an ordinance amending Title 8 (Public Peace, Safety and Morals) by adding a new Chapter 8.10, 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.

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. The ordinance further provides various appeal procedures akin to those available for other public nuisance abatement actions, and exempts constitutionally protected activities.

10. City Manager

Action to appoint one member to the Parks and Recreation Commission for a four year 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 vacancy for a four year term due to an existing member's resignation.

11. 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

12. 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: November 9, 2006

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