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SPECIAL MEETING OF THE SPARKS CITY COUNCIL December 1 7,2007 3:00 p.m.

1. - Time: 3:03:00 p.m. Call to Order The regular meeting of the Sparks City Council was called to order

by Mayor Geno Martini at 3:03 p.m. in the Council Clian~bers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

2. - Roll Call

Time: 3:03:08 p.m. Mayor Geno Martini, City Clerk Linda Patterson, Council Members John Mayer, Philip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adarns, PRESENT.

Staff Present: John Dotson, Adam Mayberry, Joann Meacharn, Andy Flock, Steve Driscoll, Mark Finch, Teresa Gardner, Rob Joiner, Kathy Clewett, Wayne Seidel, Margaret Powell, Ron Laylon, Trish Kuehl, Jim Rundle, Chris Syverson, Shirle Eiting, Randy Waterman, Victor Villarreal, Summer Pellett and Carrie Brooks.

Pledge of Allegiance Time: 3:03:27 p.m. The Pledge of ~ l l e g a n c e was led by Council Member John Mayer.

a Comments from the Time: 3:03:57 p.m. Public Ms. Shirley ~ertschinger, 832 Olancha Court, Sparks, said she had

demanded an apology from Mayor Martini, claiming that his side comments during the meeting regarding her public comment were inappropriate. She also claimed that the actions of the Planning Commission at their last meeting were illegal and unethical, because they voted to reconsider the Foothills at Wingfield Springs application after the public and the dissenting Commissioner had left.

Council Member Schmitt asked for an opinion from the City Attorney regarding Ms. Bertschinger's claim that the Planning Commission7s actions were illegal and unethical. City Attorney Adarns stated that what the Planning Commission did last week was reconsider a matter that was done in accordance with not only the Planning Commission Rules, but aIso that of Roberts Rules of Order. He explained that a member of the Planning Commission from the prevailing side of a previous vote made a motion to reconsider that previous vote on a matter that was before the Planning Commission. He said the matter was reconsidered and ultimately remanded back to staff. He said as far as he knew it was done entirely within the prerogative of not only the Chair, but within the rules established before the Planning Commission.

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Minutes of the Special Meeting of the Sparks City Council for December 17; 2007

Approval of the Agenda Time: 3:07:17 p.m. Consideration of taking items out of sequence, deleting items and adding items which require action upon a finding that an eniergency exists.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. Time: 3:08:54 p.m. Approval ofthe Minutes A motion was made by Council Member Mayer, seconded by

Council Member Salerno, to approve the minutes of the Regular Meeting of November 26,2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

4. Announcements, Presentations and Recognition Items and Items of Special Interest:

4.1 Time: 3:09:25 p.m. Presentation on the Fire Fire Chief Andy Flock noted that the Sparks Fire Department was Departn~ent's New Haz- awarded a grant of $530,000 in 2005 to purchase various Homeland Mat Tractor Trailer Security equipment and part of that equipment included a haz-mat

tractor-trailer rig in the amount of $460,000. He noted that over the past year the Fire Department personnel were involved in writing the specifications for this equipment, overseeing the design, and making site visits to inspect the building of this haz-mat vehicle.

Chief Flock stated that the vehicle has now been delivered to the department and it is considerably larger than the previous haz-mat vehicle that the' Department was using. He stated that Fire Department staff spent a considerable amount of time converting the old haz-mat vehicle into a rescue vehicle to be used by their Confined Space Technical Rescue Team.

Chief Flock then invited the Council to view the new unit and the old converted unit, which were parked outside in the parking lot. Mayor Martini called a recess while the Council viewed the new equipment.

4.2 Time: 3:18:57 p.m. Presentation on the City Fire Chief Andy Flock said he was proud to announce that the achieving an IS0 Rating Insurance Services Organization (ISO) has given the Sparks Fire of 2 Department a Class 2 rating, putting us in the top 1% of the nation.

He said that research indicates Sparks has never achieved lower than a Class 3 rating. Chief Flock explained that the I S 0 helps communities evaluate their public fire protection services and also provide an objective, national standard that helps fire departments in planning and budgeting for facilities, equipment and training. They

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Minutes of the Special Meeting of the Sparks City Council for December 17, 2007

also help establish appropriate fire insurance premiums for residential and commercial properties. Chief Flock discussed what the new rating means to Sparks and Battalion Fire Chief Bill Finley described the evaluation process and Sparks' ratings in various categories. Chief Finley then thanked those involved in providing information for the evaluation.

5. Consent Items: Time: 3:32:10 p.m. Agenda Item 5.1 1 was pulled for discussion and separate vote.

A motion was made by Council Member Sclmitt, seconded by Council Member Mayer, to approve Consent Items 5.1 through 5.10, 5.12 and 5.13. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSTAIN. Motion carried.

5.1 - An agenda item from Finance Director Tom Minton recommending Report of Claims and approval of the Report of Claims and Bills approved for payment Bills and the Appropriation Transfers made since the last regular Council

Meeting for the period covering November 22, 2007, through November 28,2007.

5.2 - An agenda item from Police Chief John Dotson recommending the Cabaret License for Pure City Council approve an application from Mr. James Joseph Country Dancehall, 1955 Gurnea, Jr., 243 1 Libero Drive, Sparks, NV 89436, for a Cabaret

@ Oddie Boulevard License for Kiss It, LLC, doing business as Pure Country Dancehall located at 1955 Oddie Boulevard. This will be Mr. Gurnea's first liquor license in Sparks. The license will provide a $1,300.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

I 5.3 - An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Joey Eldon Scolari, Scolari's Food & Drug 1 165 Country estates, Reno, NV 895 1 1, for a Gaming License for Company #1,950 Orcutt Boys Enterprises, Limited Partnership, doing business at

1 Holman Way Scolari's Food and Drug Company #I located at 950 Holman Way. Mr. Scolari currently has gaming Iicenses with the City of Sparks. The license will provide an $2,400.00 annual fee for twenty (3

I quarter, 3 dollar, 2 penny, 12 multi-denominational) upright slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.4 - An agenda item from Police Chief John Dotson recommending the Acceptance of an City Council approve the acceptance of a donation from the State of Enforcing Underage Nevada - Enforcing Underage Drinking Laws Grant in the amount Drinking Laws Grant of 10,000.00. The State of Nevada, Division of Child and Family from the State ofNevada Services has made these funds available to reduce underage

drinking by conducting alcohol sale compliance checks, controlled

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Minutes of the Special Meeting of the Sparks City CounciI for December 17, 2007

juvenile party dispersal and special events control.

5.5 An agenda item from Assistant City Manager Steve Driscoll Approval to Move Two recommending the City Council approve moving two Heavy Heavy Equipment Equipment Operator positions from the Genera1 Fund to the FY Operators from the 07/08 Sewer Enterprise budget. One position is currently funded General Fund to the under the general fund and the other position was an unfunded Sewer Fund position in the 07/08 general fund budget.

5.6 An agenda item from Parks and Recreation Director Stan Sherer Purchase of Site recommending the City Council approve the purchase of site Amenities for Golden amenities for Golden Eagle Regional Park in the amount of Eagle Regional Park $50,000.00 from David F. O'Keefe Company. Benches, trash

receptacles and tables are needed to complete the facilities at the park. Community Development has determined that the cost for these amenities is a justifiable expense from NSSOI funding. David F. O'Keefe Company is the sole source for amenities to match existing structures at the facility. The purchase includes: 30 trash receptacles; 32 benches; and 16 picnic tables, all to be placed at various locations throughout the facility to accommodate both participants and spectators using the ball park facilities.

5.7 An agenda item from Parks and Recreation Director Stan Sherer Approval of the 2008 recommending the City Council approve the 2008 Interlocal Lease Interlocal Lease Agreement with Washoe County School District, Transportation Agreement with Washoe Department for the lease of school buses to transport Parks and County School District Recreation program participants. This agreement allows us to use for the Lease of School school buses in our continuing effort to provide quality Buses programming during our summer, year-round and holiday day

camps. Costs are paid from program revenues and are estimated to be $34,097.00 for 2008. This reflects a $0.05 cent per mile fee increase from the current 2007 agreement.

5.8 - An agenda item from Deputy Director for Community Development Impact Fee Agreement John Martini recommending the City Council approve Impact Fee #14 with Kiley Ranch Agreement #14 with Kiley Ranch Communities to allow for communities participation in Service Area Number 1 Impact Fee Program. This

agreement is a master agreement setting up the details of Kiley Ranch communities' participation in the service area. The agreement has been reviewed by the Community Development Department and the City Attorney's Office and has been found to be acceptable. Impact Fee credits will be issued to Kiley Ranch Communities under this agreement.

5.9 - An agenda item from Public Works Director Wayne Seidel Agreement for the Sale recommending the City Council approve an Agreement for the Sale of Treated Effluent with of Treated Effluent with McDonald's USA, LLC for landscape McDonald's USA irrigation. The effluent pipeline system is located in proximity to

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Minutes of the Special Meeting of the Sparks City Council for December 17,2007

McDonald's at 401 Los Altos Parkway. They desire to irrigate the landscaping with effluent water, which is available for this purpose. Revenues to the Sewer Utility fund are estimated to be $1,740 per year. The agreement specifies a 20-year term; however, it will terminate prior to that time if the City adopts an effluent water reuse utility ordinance.

5.10 An agenda item from Public Works Director Wayne Seidel Approval of Unarmed recommending the City Council approve a contract with Desert Security Services at Security for unarmed security services at the Truckee Meadows TM W R F to Desert Water Reclamation (TMWRF) Facility for the quoted amount of Security $12.15 per hour, $637.88 per week, $33,169.76 per year, for

January 1, 2008, through December 31, 2008, with an option for two twelve-month contract extensions. There is a need to control traffic in and out of this vital facility and unarmed, uniformed guard services have been determined to be the most efficient and cost effective means to accomplish this task. Desert Security submitted the lowest quote and has provided these services for the past three years.

5.11 Time: 3:33:24 p.m. Award ofthe Wingfield An agenda item from Transportation Manager Jon Ericson Parkway and Vista recommending the City Council approve the award of the Wingfield a Boulevard Traffic Signal ParkwayIVista Boulevard Traffic Signal Improvement Project to Improvement Project to Titan Electrical Contracting in the an~ount of $188,160.00. It is Titan Electrical recommended that a new traffic signal system be installed at the

existing intersection to provide better driver and pedestrian guidance. A signalized intersection warrant study was conducted in August of 2006 by the Public Works Traffic Division. Data co1lection and analysis followed the steps outlined in the nationally recognized manual on Uniform Traffic Control. Based on the findings of the study and sound engineering judgment, a traffic signal is warranted. The City received three qualified bids for this project, with Titan Electrical being the lowest bid.

Council Member Carrigan noted that he has gotten phone calls and e-mails thanking us for getting this intersection signalized and he wanted to know when the contractor would get started on this project. Public Works Director Wayne Seidel responded that the contract provides 80 working days to complete the project and it typically takes 8 to 10 weeks to get the poles ordered, so we are looking at about four to five months before the project is completed.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to approve Consent Item 5.1 1. Council Members Mayer, Salemo, Smith, Carrigan, Schmitt, YES. Motion carried.

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5.12 An agenda item froin Deputy Director of Coininunity Development Final Subdivision Map John Martini recoinmending the City Council approve a Final for Pioneer Meadows Subdivision Map for Pioneer Meadows Village 4B. This map will Village 4B create 38 new lots on 6.1 5 acres and will be generally located north

of Vista Boulevard and east of Fen Way. The current zoning for this subdivision is PD and the developer will be CMAC Model Home Finance, LLC. The map has been checked and found to be correct and the appropriate fees have been paid. A subdivision bond has been filed with the City Clerk to guarantee construction of the public improvements.

5.13 An agenda item from Deputy Director of Community Development Final Condominiuin John Martini recommending the City Council approve a Final Subdivision Map for the Condominium Subdivision Map for The Village at Wildcreek. This Village at Wildcreek map will convert 240 apartment units into condominium units,

generally located north of Wedekind Road, south of North McCarran Boulevard and east of Sullivan Lane. The current zoning for this subdivision is R 2 and the developer will be Wildcreek 1,22, 11 1 and IV. The map has been checked and found to be correct and the appropriate fees have been paid. An Irrevocable Letter of Credit has been filed with the City Clerk to guarantee construction of the landscaping improvements.

6. General Business:

6.1 - Time: 3:35:02 p.m. Presentation and An agenda item from Finance Director Tom Minton recommending Acceptance of the CAFR the City Council hear a presentation from the auditors (Kafoury, for FY 2006/2007 Armstrong & Company) and accept the Comprehensive Annual

Financial Report (CAFR) for the fiscal year 2006-2007 and acknowledge that it may now be distributed to the State of Nevada, Department of Taxation and other interested parties as well as be submitted to the Government Finance Officers Association (GFOA) for consideration for an award in financial reporting.

Christen Burgess and Dan Carter from Kafoury Amstrong & Company reviewed highlights from the audit and provided a summary of the audit results.

Council Member Schrnitt asked if Kafoury Armstrong is under contract to do our audit next year. Ms. Burgess responded that they are not. Mr. Schmitt asked if, according to the national rules as far as auditing standards, they are eligible to continue auditing our books. Ms. Burgess stated that yes, they are. Mr. Schmitt asked if there was a five year limitation. Ms. Burgess responded that there is no set limitation under the rules that guide governmental auditing standards. A brief discussion ensued regarding what auditing rules applied to the City.

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I Minutes of the Special Meeting of the Sparks City Council for December 17,2007 I

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to accept the CAFR as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.2 - Time: 3:48:12 p.m. Appointments to Various An agenda item from City Manager Shaun Carey recommending the Boards and City Council confirm the Mayor's appointinents to the following Commissions boards and/or cormnissions:

Airport Noise Advisory Panel No appIications were received for this vacancy and no appointment is being recommended at this time.

Economic Development Authority of Western Nevada (EDAWN) Reappoint: City Manager Shaun Carey

Sparks Advisory Committee for the Disabled Reappoint: Andrew W asynczuk

Sparks Planning Commission Reappoint: Scott Barnes

Mitch Nowicki

Washoe County District Board of Health ~ ~ ~ o i n t : Council Member Ron Smith

A motion was made by Council Member Smith, seconded by Council Member Mayer, to confirm the appointments as listed above. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.3 - Time: 3:50:25 p.m. Possible Action to Send An agenda item from Government Affairs Manager Rob Joiner Written Comments to the recommending the City Council discuss and take possible action to U.S. Dept. of Energy, send written comments to the United States Department of Energy, Office of Radioactive Office of Radioactive Waste Management, regarding t l ~ e Draft Waste Management Nevada Rail Corridor Supplemental Environmental Impact

Statement (Draft Rail EIS) and the Draft Supplemental Environmental Impact Statement for a Geological Repository for the Disposal of Spent Nuclear Fuel and High-level Radioactive Waste at Yucca Mountain, Nye County, Nevada (Draft Repository EIS).

Mr. Joiner said staff is asking the Council to consider a letter to Mr. Edward Sproat, the Director of the Office of Civilian radioactive Waste Management in the State of Nevada. He said that as indicated in the report, over the last 15 months, we have been corresponding with Mr. Sproat through the Department of Energy

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e Special Meeting of the Sparks City Council for December 17, 2007

regarding this EIS. He noted that included in the report is a summary of that correspondence and the response received, if any.

Mr. Joiner stated that the letter also reiterated that since 1991, the Council has gone on record with resolutions in 1991, 1997, and 2002 indicating our opposition for not only transportation through Sparks, but also through the State of Nevada and for any storage in the State of Nevada.

He said that he has e-mailed to the Council some of the recent news articles regarding the attempt to license the facility [Yucca Mountain Repository] and a set-back for our local State office of nuclear waste activities in their questioning of some of the qualifications of the reports that they have received and justifying the application to go forward. He said Senator Reid and others were disappointed that was set aside; however, on the other side, the budget for the application process has been set back by $50 million to the point that Mr. Sproat is quoted in last week's paper as saying that they may not have the funds to complete the application and that would be a win to those of us opposed to that application.

Mr. Joiner then reviewed the ten point letter he is proposing to be sent to Mr. Sproat and explained that the reason this is before the Council at this meeting is that January 10, 2008, is the deadline for the EIS process that has been going on for about 18 months and this is the final Council Meeting prior to that deadline and we want to go on record one final time as being in opposition to the EIS.

Council Member Smith asked what their answer was as to why they would not meet in Sparks, just Reno. Mr. Joiner responded that they said Reno was close enough to Sparks and that they can't be in every community.

Council Member Mayer requested that two items of concern be added to the letter: the use of remote control engines in the Sparks rail yard (which means nuclear waste trains will be un-manned); and the lack of security at the Sparks rail yard. He emphasized that there are numerous points of access into the rail yard and once the yard has been accessed, it is extremely easy to wander around the yard without being stopped or questioned about authorization to be in the rail road yard.

Mr. Joiner noted that the Department of Energy (DOE) does not control the transport [of nuclear waste] once it goes aboard a Union Pacific train, so the DOE doesn't actually have any control over the potential disasters that they try to guarantee won't happen. Council Member Mayer said he didn't think the DOE was really aware of the poor condition of the tracks Union Pacific is proposing to use;

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the actual conditions at the rail yard; and the use of un-manned switch engines.

Mayor Martini agreed that there are numerous access point to the rail yard and the security is non-existent in the Sparks rail yard.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the letter from the City Council to the U.S. Department of Energy, Office of Radioactive Waste Management, opposing the Draft Rail EIS and the Draft Repository EIS, with the two items of concern discussed by Council Member Mayer added to the letter and the letter copies to the railroad company. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.4 - Time: 4:04: 10 p.m. Resolution No. 3077, ,412 agenda item from Finance Director Tom Minton requesting that Regarding Notice of the the Council adopt Resolution No. 3077, a resolution directing the Sale of Properties County Treasurer to give notice of the sale of properties subject to Subject to the Lien of a the lien of a delinquent assessment; ratifying all actions previously Delinquent Assessment taken; and providing other matters properly relating thereto.

City Manager Sliaun Carey noted that Mr. Minton was ill today and he would be presenting this item to the Council. He said this resolution directs the County Treasurer to proceed to give notice to certain properties which are delinquent in assessments arising from the City's actions in the Marina District. He said those properties are disclosed as Exhibit A, which is part of the resolution. He said the Council's approval will direct the County Treasurer to proceed with notification of sale, which often prompts property owners to actually make their payments and bring accounts current; however, the Treasurer will continue to provide the procedures, which have been authorized by this resolution, towards sale, if necessary.

Council Member Schrnitt asked for confirmation that this was just a normal, yearly housekeeping item that we do in order to get property owners to pay their delinquent assessments. Mr. Carey responded that yes, this was a routine, yearly resolution and it is expected that many of the property owners will come into compliance upon notification that their property could be sold to pay their delinquent assessments.

Council Member Carrigan asked for the total of all the outstanding balances. It was determined that $725,233.40 was the pay-off amount.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve Resolution No. 3077.

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Council Members Salemo, Smith, Carrigan, Schmitt, YES. Council Member Mayer, ABSENT. Motion carried.

6.5 - Time: 4:07:14 p.m. Resolution No. 3078, An agenda item from Deputy Director for Community Development Updating Fees Related to John Martini requesting that the Council approve Resolution No. Development Services 3078, a resolution to update fees charged by the Development

Services Enterprise Fund. I Mr. Martini noted that this resolution would add some fees to the Development Services fund for televising of sewer and storm drain lines after they are installed. He said this is a normal part of our inspection services and historically we have done this in cooperation with the Public Works Department, using our own equipment; however, due to changes in personnel and budget cuts, it has been determined that we can no longer provide this service for free. He said beginning earlier this year we contracted with two of the firms in the area who provide this service, as a test phase, to see what kind of quality would be provided. The quality has been found to be acceptable and we would like to start charging for this service at $50.00 per 100 linear foot. The City would contract with the outside agencies to provide this service on an on-call basis (as new infrastructure is constructed).

Council Member Schmitt asked if we were just passing the cost along to the developer and documenting that the sewer and storm

* drain lines have been built to our specifications. Mr. Martini confirmed that this was correct.

I I

I

A motion was made by Council Member Salemo, seconded by Council Member Schmitt, to approve Resolution No. 3078. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.6 - Time: 4:09:56 p.m. Approval of Amendment An agenda item from Redevelopment Manager Armando Ornelas No. 3 to the DDA with recommending the City Council approve Amendment No. 3 to the High Street Victorian Disposition and Development Agreement (DDA) between High Square, LLC Street Victorian Square, LLC and the Redevelopment Agency of the

City of Sparks, Nevada.

Mr. Omelas introduced Brent Davis and Mike Perkins from I

Trammel1 Crow, who in turn introduced Gary Duhan, who will be I

heading up the Northern Nevada office of Trarmnell Crow.

Mr. Ornelas said that this third amendment to the agreement basically extends the early termination date from December 31, 2007 to December 3 1, 2008. This early termination date is the date

0

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Minutes of the Special Meeting of the Sparks City council for December 17,2007

by which High Street is obligated to start construction (on parcel B). It also provides for an extension of the absolute deadline, which is the deadline by which time Trammel1 Crow is to complete construction on The District project (from December 3 1, 2008, to December 31, 2010) and requires a revised proposal for Parcel A. Parcel A is the large block west of the theater. Based on market conditions and the developers desire to respond to market conditions, as well as what they have learned as they have tried to market and finance this project, the developers anticipate needing to reduce the unit count on Parcel A and eliminate the structured podium parking arrangement.

Mr. Ornelas said the agreement calls for the developer to submit the revised proposal for Parcel A early next year and the proposal will be brought forward as a separate amendment to the DDA. In addition, if the revised proposal varies significantly from what is currently approved in the development handbook, they will have to go through a handbook amendment process as well.

Mr. Ornelas stated that another aspect of this third amendment to the DDA is that it rescinds the developer's right and obligation to develop Parcel C (the half block on the eastern side of the plaza). Parcel C is the most challenging of the three residential parcels and staff will need to re-evaluate the appropriate use for Parcel C and potentially address this parcel as part of the Phase I1 development agreement.

He said that finally this amendment would ask the Agency Board to initiate the Phase I1 exclusive negotiating period between the Agency and the Developer, on January 7th and terminate in April, 2008. He said staff anticipates that at that time they would bring forward a term sheet for consideration by the Agency/Council, prior to drafting a final development agreement.

Mr. Ornelas then discussed the anticipated schedule, as revised by the third amendment, reviewed the architectural elements of the project and responded to questions by Council.

Council Member Schmitt questioned the square footage of the buildings. Redevelopment Project Manger Rob Ryan stated that the two mixed use buildings are roughly 16,000 square feet per floor on the upper levels and the City Hall is around 100,000 feet. Mr. Ryan then presented a power point which illustrated the proposed development, including the architecture of the proposed new City Hall.

Council Member Schmitt stated that given the current market conditions, the extension of the time fiarne is a good proposal and

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e Special Meeting of the Sparks City Council for December 17,2007

he thanked the developer for sticking with the project.

In response to questions froin Council Members, Mr. Ornelas discussed the amount of square feet the City would potentially have to lease out to third parties and the proposed amended construction schedule.

Concern was expressed that assembling properties for Phase 11 and/or revision of the CC&Rs could potentially delay the revised construction schedule. Mr. Ornelas responded that staff is making progress in the negotiations for property and hope to bring an agreement to the Council/Agency for approval in the first quarter of 2008. Council Member Mayer asked if the extension being proposed in this amendment should be longer, in the event that the property acquisition takes longer than anticipated. Mr. Ornelas stated that this DDA can always be extended by mutual agreement of the parties; however, the site assembly is for Phase 11 of the project and should not directly affect the extension. Council Member Mayer commented that he would prefer a longer extension because there is so much that is not under the developer's control. A discussion ensued regarding whether or not the extension should be longer than one year.

Council Member Schrnitt commented that it didn't matter how long the extension was, the main issue was to keep the Council informed. It is realistic in this industry (development) to experience extensions if a project is not moving along. He noted that new development is market driven and Trammel1 Crow would be under construction now, if the market had remained steady. He said Trammel1 Crow answers to a higher authority than the City Council; their Board of Directors. When December 3 1, 2008, rolls around and construction has not started, they will have much bigger issues to deal with than coming before the Council for another extension. Mr. Schmitt said he felt that a one year extension was appropriate.

A motion was made by Council Member Schrnitt, seconded by Council Member Smith, to approve Amendment No. 3, as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Time: 4:58: 14 p.m. An agenda item from Assistant Planner Heather Manzo

)per recommending the City Council remove from the table PCN0605 1, r Suncal Copper Canyon, LLC, a master plan amendment request to

change the Master Plan land use designation from approximately 78.79 acres of Industrial (I) and approximately 3.40 acres of General Commercial (GC) to approximately 75.19 acres of Mixed Use (MX) and approximately 7 acres of Tourist Commercial (TC), for a site

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6.8 - I Reading of Bill No. 2567, An Ordinance Relating to the -

Definition of Special Event and Farmer's Market

6.9 - 1'' Reading of Bill No. 2568, Amending Chapter 20.53 to Include Non- Residential Districts as Sites for Outdoor Sales, etc.

approximately 82.19 acres in size generally located east of Vista Boulevard and north of Interstate 80.

Ms. Manzo noted that in July of 2006, Council requested that the rezoning of this project and the associated handbook come forward at the same time as the Master Plan Amendment so they could get an idea of what is being proposed. She noted that these items would be heard later in the agenda under Public Hearings related to planning and zoning.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to remove from the table and place on this agenda for possible action, a request for master plan amendment to change the Master Plan land use designation from approximately 78.79 acres of Industrial (I) and approximately 3.40 acres of General Commercial (GC) to approximately 75.19 acres of Mixed Use (MX) and approximately 7 acres of Tourist Commercial (TC), associated with PCN0605 1. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 5:00:09 p.m. City Clerk Linda Patterson read Bill No. 2567 by title, an ordinance modifying the Sparks Municipal Code's definition of "Special Event" to include a Farmers' Market and certain fund raising activities; defining a Farmers' Market; and providing other matters properly related thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of January 14,2008.

Time: 5:00:40 p.m. City Clerk Linda Patterson read Bill No. 2568 by title, an ordinance amending the City's Outdoor Sales provisions to include non- residential districts as sites for outdoor sales and clarifying when outdoor sales may occur, excepting certain outdoor sales from the generally applicable durational requirements; and providing other matters properly related thereto.


7. Public Hearings and Action Items Unrelated to Planning and Zoning: NONE

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: Special Meeting of the Sparks City Council for December 17,2007

ling PubIic Hearings and Action Items:

Time: 5:01:12 p.m. ', An agenda item from Assistant Planner Heather Manzo

recommending the City Council conduct a pubIic hearing and ster approve Resolution No. 3079, a resolution adopting a change of

Master Plan land use designation from Industrial (I) and General md Commercial (GC) to Mixed Use (MX) and Tourist Commercial

(TC) on five parcels totaling 82.19 acres of land generalIy located east of Vista Boulevard and north of Interstate 80.

There was a brief discussion regarding whether or not to hear items 8.1, 8.2 and 8.3 in a coinprehensive report and then vote separately, or to have the items presented separately. It was determined that the Council would prefer a comprehensive report with separate votes.

Ms. Manzo stated that before the Council this evening is a request to certify a Master Plan amendment to change the Iand use from Industrial and General Commercial to Mixed Use and Tourist Commercial on approximately 82 acres. She displayed a map and noted that the area was located just west of the existing Copper Canyon development area and includes five parceIs. She said there is also a request to rezone those same parcels from I (Industrial) and C2 (General Commercial) to NUD (New Urban District). And finally, there is an associated handbook amendment to incorporate those five parcels into the development area and change some standards within the handbook.

Ms. Manzo stated the Master Plan amendment proposes a mix of Tourist Commercial and Mixed Use. She said the existing Master Plan has Tourist Commercial and Mixed Use adjacent to the parcels proposed for change. The parcels are directly off 1-80 and would expand the existing Mixed Use and Tourist Commercial areas within the Copper Canyon development, promoting diverse development at the entry of Copper Canyon. These parcels can be easily accessed from Interstate 80 and other areas of the City of Sparks. This development offers an opportunity for emerging employment and promotes a jobhousing balance with residential pads located close to non-residential uses. The surrounding uses are compatible with this proposal, as the Master Plan amendment does not propose new uses, but expands the existing Iand uses within the Copper Canyon area and meets the locational criteria for Mixed Use and Tourist Commercial. She stated staff is recommending that the City Council certify the Master Plan amendment by resolution, associated with PCN0605 1.

Ms. Manzo noted that the proposed rezone is associated with the same five parcels and the handbook amendment was initiated to

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bring approximately 82 acres of additional land into the development area, as well as building upon the existing standards. She stated the maximum proposed residential count has been increased from 1,909 units to 2,109 units, which is a much lower number than what would be allowed by calculating based on land uses. She said approximately 13 of the additional units would be proposed within the single family detached pads and the remaining 185 would be located in the higher density pads.

Ms. Manzo stated that as a result of the update to the handbook, an updated slope analysis was performed. She said the original analysis used a GIs program, but there are methods today that provide a much more accurate analysis of topography and for this amendment AutoCad was used, using 20 foot contours, to analyze the data and the project was modified to reduce the amount of disturbance and to propose development in areas that are not as topographically challenging. The overall proposed disturbance has been reduced from the originally approved 581.5 acres to 564.8 acres. She stated a portion of the properties that are proposed to be added to this development were previously disturbed, so they are not shown on the slope analysis and in addition, there is a proposed dam, which would serve the community as a whole, so staff feels that because this is a regional service to reduce flood impacts, a slope analysis was not required on that portion of the property. Ms. Manzo stated the recorded handbook was approved for disturbance of approximately 47% of the site and the developer proposes only 45% of the site to be disturbed currently. She explained that the current proposal exceeds the allowable disturbance by 50 acres, but is less than the original handbook and the developer has made efforts to relocate proposed development pads to areas that have fewer slopes and is proposing to disturb less acreage, overall, than previously approved. She stated that while the proposed disturbance exceeds that which is allowed by Title 20.99, staff feels this new plan offers a better solution than that which has been previously adopted, as the overall maximum disturbance has been reduced by approximately 17 acres and approximately 65% of the site will be designated open space.

Ms. Manzo noted the hillside analysis prompted changes in the land plan, which included removal of pads 19 and 20, which were the pads located directly adjacent to the Sunset Rancho Estates. In addition, modification to the residential pads 13 through 18 took place to reduce the disturbance on steeper slopes. She stated pad 18 has been modified to relocate the lots on less steep areas and this development provides the community with not only an opportunity for mixed uses, it also locates residential near non-residential uses to include commercial, business park, retail, etc., while providing easy access into Sparks and the Truckee Meadows.

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Special Meeting of the Sparks City Council for December 17, 2007

She said the phasing plan has also been revised to introduce business park, mixed use and commercial in Phase I. She noted that Exhibit 3A is the previously approved phasing plan and Exhibit 3B is the proposed phasing plan. She said that Phase IA and 1B would include Tourist Commercial, Mixed Use, and a portion of business park.

Ms. Manzo stated the proposal includes 1,048 single family units and 1,061 medium to high density residential units. There approximately 200 developable acres for mixed use, commercial and business park uses, which break down as follows: 141 developable acres of business park; 33 acres of mixed use; and 16 acres of tourist commercial. She said the handbook defines phase completion as construction of roadways and infrastructure, installation of landscaping, amenity improvements, and rough pad preparation. The infrastructure plan @age 132 of the handbook) identifies initial installation of infrastructure such as water, gas, electrical, sewer, storm drains and access to the site. The first and second phases include installation of roads, utilities, water tanks and other infrastructure that will serve the development. While specific water tank and pump station locations are not proposed with this handbook, the handbook requires that all public utilities that exceed 6 feet in height go through the special use permit process and therefore will come forward through a public hearing for a review of standards in compliance with the Sparks Municipal Code related to location, screening and parking. Additional standards have been added to include: standards for setbacks; building height; lot standards for residential developments based on development type, such as high-density, detached, and attached, and single family. She said sign standards are new to the handbook and provide a reference to the zoning designation that is as closely related as possible to the existing land use of the planned development.

Ms. Manzo stated a park was originally approved to be located at the dam, but due to public safety concerns, no recreation will be allowed near the dam and the standards related to that park have been removed from the handbook. However, pocket parks have been added to the single family pads 13 through 18 to provide opportunity for residents to recreate in close proximity to their residences and a trail system will also be provided to connect the open space to developed areas.

She stated that standards that were previously not in compliance with NRS and local regulations have been changed to meet statutes or code. An example would be the minimum 200 hoteI room requirement when developing a hotel/casino. The original

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handbook stated that 130 rooms would be required for an un- restricted gaming license, which is not in compliance with NRS. She said that in addition, the maximum percent for deviation for a minor deviation has been changed from 20% to 10% to meet NRS requirements.

She stated the original handbook included berming and other screening methods to reduce visibility from the valley and that standard has been maintained with the exception of the Vista properties, which are the new 82 acres to the west of the existing development: specifically pads 1, 3 and 4, because commercial use needs exposure to be successful.

Ms. Manzo noted a portion of the development which had been designated wetlands is no longer considered wetlands and language related to that has been removed [from the handbook].

She said the traffic section has been updated and four round-a-bouts have been strategically placed within the development to improve circulation. Copper Canyon, or what is know as Solomon Circle now, will be the main access point and Eastern Slope Road (or Loop Road as it is currently known) will be the proposed secondary access. She stated the previous handbook identified uses such as residential as a main heading and identified allowed uses within that designation, which is not a clear way of applying standards. She said the updated handbook identifies the actual land use designations and lists the allowed uses in a table located below the land use designation in the handbook. She said standards for parking, landscaping, allowed uses, signage and lot design, including set backs, have all been incorporated into tables that make it easier for the reader to find and understand the information. She noted the handbook amendment includes a lot of clerical corrections to clean up language, remove redundant statements, and reorganize the format to make the handbook more intuitive when looking for information.

Ms. Manzo stated that the I-Roads Program, which is an information system that will provide current traffic conditions to residents who utilize the roadways within the development, is geared to better inform travelers as to which route they should take in cases of congestion. She stated that the program, as it is was originally approved in 2005, has been maintained, but language has been added to state that implementation of the system will be in accordance with ITS Consultants and the engineering manager.

She stated that stronger language has been added to protect and maintain the Sparks "S" (Page 31). It states that the "S" will remain in the development's open space and shall be maintained by

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2 Special Meeting of the Sparks City Council for December 17, 2007

the property owners association, to include painting it annually.

Ms. Manzo noted that Exhibit 4 of the staff report includes outside agency comments. She said Washoe County School District responded to this project and at this time they are not requesting a school to be located on this site. They have spoken with Suncal representatives and will work with them regarding possible needs to serve the community in the future.

She stated she received two letters of correspondence and five phone calls regarding this proposal. The letters have been included in the staff report and the phone inquires were generally to find information about the project.

Ms. Manzo then read the finding summary as follows:

This amendment includes a variety of land use classifications that promote a variety of housing types as well as a proposed business park, tourist related and commercial areas. The development is in close proxinlity to existing and proposed commercial and business park developments, meeting PDl and PD2.

This amendment proposed development pads that reduce development on steeper slopes and proposes approximately 220 acres of residential, ranging from low density to high density development as well as non-residential uses on approximately 200 acres to encourage residents to locate near employment locations. The uses allowed within the land use designations are similar to those listed in the Sparks Municipal Code, making it consistent with findings PD3 through PD7.

This amendn~ent includes standards that are comparable to Sparks Municipal Code while providing a ratio of 17% residential, 15% non-residential and mixed use, approximately 65% of open space, with the remaining area dedicated to roads and right of way, making findings PD8 and PD9.

This amendment will provide for approximately 65% of the development area as open space, located throughout the planning area and accessible through proposed trail systems, making findings PDIO, PD11 and PD12.

Road improvements will provide public services and vehicle access. More round-a-bouts are proposed throughout the development and there are two ways to access the development from Vista Boulevard, which is consistent with findings PD13 and PD14.

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PD15 states that the development provide for access to light, air, recreation and visual enjoyment, which is addressed through this amendment by providing approximately 847 acres of open space with trail access.

The project consists of land uses that are comparable with surrounding developments while preserving a majority of the development area as common open space that will be accessible to the residents as well as the genera1 public, making finding PD 16.

The development is planned to be developed in 7 phases and is expected to develop over a number of years, making finding PD 17.

The amendment is consistent with the Master Plan and surrounding land uses making findings PD 1 8 and PD 19.

Proper notice has been provided, making finding PD20.

The modification to the Copper Canyon Planned Development Handbook maintains the interests of the City and residents by allowing for a mixture of land uses that range in density from three units to 43 units per acre, as well as an opportunity to develop mixed use projects, a business park and other commercial uses within the planned development, preserving the integrity of the pian, making finding PD2 1.

Ms. Manzo stated that staff believes that the handbook amendment maintains the original intent of the adopted handbook while improving on upon the information contained within the existing handbook and is recommending the City Council approve the request for tentative approval of the proposed amendment to the Copper Canyon Planned Development. Ms. Manzo noted that the applicant and their consultants were present to answer any questions the Council may have.

Council Member Smith expressed concern about access to the gas station/convenience store at the corner of Vista and Brierly. He noted that the left in access off Brierly would be closed off when the roadway was improved and asked if the entrance could be moved. Community Development Director Neil Krutz said that he would need to review roadway maps and the regional access standards to see what could be done to preserve and enhance access to this business. Mr. Smith noted that currently motorists are making their own access where one does not legalIy exist and it is a dangerous situation that needs to be changed. Mr. Krutz said staff will look into this situation.

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Special Meeting of the Sparks City Council for December 17: 2007

Council Member Schmitt asked for confirmation that, with the addition of these five parcels, there were 16 acres total of Tourist Coinmercial zoning. Ms. Manzo confirmed that there were 9 acres of existing TC zoning and the addition of 7 acres are being

* proposed with the amendment, for a total of 16 acres of Tourist Coinmercial zoning. Mr. Schmitt asked if we knew, at this time where the Tourist Commercial acres would be located. Ms. Manzo stated the Master Plan amendment includes the general area in which the Tourist Commercial would be located, but the developer is not at a point now, with design, to tell where it would specifically

i be located.

Council Member Carrigan asked for confirmation that we [the City Council] are just certifying the Planning Commissions' action on

i these items. City Attorney Adarns said that was correct. Mr. Carrigan asked what happens if the Council doesn't certify this. Attorney Adams said it would go back to the Planning Commission, but if the Council remands it back to the Planning Commission, it should be remanded with directions.

Council Member Carrigan asked Mr. Krutz to explain to him the difference between this mixed use Master Plan amendment for Copper Canyon and the one that got denied by the Planning Commission that was in his ward (the Foothills). Mr. Krutz said, in his opinion, it goes to the nature of the projects and the two projects e are different. He said the Master Plan amendment of the project in Ward IVY while it was not denied, it was not approved either. He said the Planning Commission was struggling to understand what they were being asked to do and there were some misunderstanding as to what mixed use could be. Mr. Carrigan asked if the same thing could be said for this project, that we don't know what the mixed use will be for this project either. Mr. Krutz said that was one of the things that led to the City Council tabling this Master Plan Amendment until the handbook was brought forward; the Council wanted additional information before they took action on the Master Plan amendment. Council Member Carrigan stated that the handbook just lists commercial, restaurants, etc., but it does not

I have a specific project. Mr. Krutz agreed that it does not have a specific project, but it does have specific standards by which any project would be judged. Council Member Carrigan said the point he is trying to make is that it has been brought to his attention by a few people that we are treating one developer differently than we are treating another developer. Mr. Krutz stated that there are some similarities in the process when comparing the two projects, in terms of the Council wanting to see some additional information before they took action. He said that is where the Planning Commission ended at their last meeting (regarding the Foothills project) and they remanded the application back to staff and asked

I

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staff for some additional information on the project.

Mayor Martini asked the City Attorney if this discussion was still "on the agenda." Attorney Adams said he did not think we had been on the agenda for quite some time.

Council Member Carrigan then asked about the Tourist Commercial designation, stating he thought the Council had limited gaming to only the downtown core and Redevelopment District 11. Mr. Krutz stated no, the limitation included the 1-80 comdor and this land was disclosed as part of that limitation.

Council Member Carrigan stated there was a letter from RTC dated 2006, which stated that the project would result in significant traffic increases on the 20130 plan and asked what the project is doing to mitigate traffic impacts. He asked if there was an updated letter from RTC saying this is not a problem any more. Mr. Krutz responded that we do not have an updated letter from RTC stating that. We have worked with them through this and they understand what the project is and the traffic analysis zones are now set appropriately, rather than the broad assumptions in the letter of industrial use. He said that letter is outdated in as much as we have moved from the 20130 plan to the 20140 plan and have the appropriate data for this project to be considered part of that. He said the one additional thing the developer will have to do, as a result of this Master Plan amendment, is to modify what ever traffic analysis zones fall into the extra 82 acres that the developer is asking to be added to the project tonight.

Council Member Carrigan noted that the developer is proposing to disturb 50 acres more than is allowed by code and asked if that was okay with staff. Mr. Kmtz stated that falls within the 10% that we are allowed to administratively approve and they are comfortable with that. He emphasized that staff has worked long and hard with the applicant to get to a land plan that would make sense and still minimize disturbance to the extent practical.

Council Member Carrigan also questioned the change in the phasing of the project, stating the Council asked for the business park to go in first and now that is not the first component to be built. Mr. Krutz stated that the business park infrastructure will go in first. Mr. Carrigan stated that the business park infrastructure is Phase IB. Mr. Krutz responded that Phase IA and IB will have to be built together in order for the infrastructure and earthwork to work; business park pads will be constructed as part of Phase I. He

- clarified that the infrastructure and mass grading for the mixed use, commercial, restaurants, office, tourist commercial and business park will go in simultaneously.

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: Special Meeting of the Sparks City Council for December 17,2007

Council Member Mayer stated that all the maps have a black line going to the north, like a road, then all of a sudden the solid line becomes a dotted line. He asked what was the significance of the dotted line? Ms. Manzo stated that the solid line (road) stops at Pad 18 and there is no development proposed north of this pad. She explained that the dotted line is a two-way road that would connect between D'Andrea and Copper Canyon. Council Member Mayer asked if this would be a third entrance into the development. Ms. Manzo agreed that it would be considered a secondary access. Mr. Krutz stated that from a public safety standpoint (and staff worked with the Fire Department to arrive at this conclusion) it was felt that it made sense to have an open, public access between D'Andrea and Copper Canyon, in terms of being able to respond to an incident. Mr. Mayer asked why the roadway line was dotted. Mr. Krutz explained that it was a section of roadway that was not included in the disturbance calculations because it was done for overall public benefit and not to benefit the project. Mr. Mayer asked for confirmation that there were no houses on the dotted line roadway. Mr. Krutz confirmed that there were no houses on this roadway and the roadway that will actually be constructed will not be in the alignment of the dotted line; it is just to show the concept of a road connecting the two subdivisions.

Council Member Mayer expressed concern regarding the School District's determination that they did not need any schools in this development, even though 2000-t residential units are proposed to be built. Ms. Manzo said their original assessment in 2005 was that the topography of this development did not lend itself to a school site and the only residents that a school would serve would be the people within that development. Mr. Mayer stated he strongly disagreed with the District's assessment and that at least an elementary school was very much needed in this development.

Council Member Mayer commended the developer for incorporating the reader board system to direct traffic during high volume times. Ms. Manzo stated that this requirement is still included in the handbook and the only change is a statement that the system will be initiated upon a private consultant and the Engineering Manager requesting it.

Council Member Mayer also commended the developer for incorporating the maintenance of the Sparks "S" into this handbook.

Council Member Salerno asked which fire stations would be responding to calls from this development. Fire Chief Flock stated that both stations two and three would respond to calls and this is

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why they asked for the "tie in" road. He noted that the development is outside our standard response time and therefore the homes are required to have sprinkler systems in the upper areas of the development.

Council Member Mayer asked about the 20 foot contour analysis. Mr. Krutz responded that the 20 foot contour is appropriate for the level of analysis needed for the handbook and the developer will tighten up the contours before they start setting stakes for roadways, sewers and storm drains.

Council Member Carrigan questioned Page 11 1 of the handbook where it says "the casino with a large gaming floor" and asked what is the definition of "large." Mr. Krutz said staff would have to defer to the applicant on this because we did not have a definition for large versus medium versus small. He said in terms of the law there are two types of gaming: non-restricted and restricted and this is a non-restricted facility.

Council Member Carrigan pointed out that this Master Plan amendment had to go before the Regional Planning Governing Board and he asked if Regional Planning could restrict the size of the gaming floor. City Planner Margaret Powell stated the project we had that had a limitation on the square footage of gaming was under a regional plan that no longer exists. She said it had the concept of a resort/casino in the regional context, but t h s no longer exists, except for areas above a township range, which is well north of Sparks. She said what we are now working with is the concept of an urban service or a non-urban service. She stated this project is within our emerging employment centers and with that concept intensity and density would be supported; therefore she did not believe that Regional Planning would have the ability to restrict the gaming component.

Mr. John Krmpotic from KLS Planning and Design Group, representing Suncal said they have a broad overview presentation if the Council wanted to hear it. Mayor Martini said he thought Heather did a great job presenting the project and he felt that they understood the project; however, if they wanted to make a presentation, they could.

Mr. Krmpotic stated that the open space and the land use plan are the premier features of this master planned community. He also noted that there not only be tax revenues created by this community, but a feature of the deveIopment is the job creation with an employment park that is going to be like no other in the region.

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Council Member Schrnitt said he felt that this amendment was a very positive step and redefines the development even more and it is a very good project for this community. He thanked Suncal for their work in continuing to improve this project and bring it to fruition.

Council Member Mayer stated he is worried about the lack of a school in this development and asked if the developer could "pencil" in a school site, because he felt that the homebuyers would be concerned about the lack of school facilities for these 2,000+ homes. Mr. Krrnpotic said they met with the School District and it was on the record that they were not interested in pursuing a school on this site today. He stated Mr. Foster told him there is capacity in Marvin Moss and multi-track would provide for additional students. He emphasized that the housing build out in a normal market would be about 10 years, so there would be time to deal with this issue in the future; however, the School District seems to have a high Ievel of comfort regarding no school at this time.

Council Member Smith thanked the developer for a great project.

Mayor Martini opened the public hearing and asked if anyone wished to speak regarding this item. There being no comment, the public hearing was closed.

A motion was made by Council Member Smith, seconded by Council Member Schrnitt, to approve Resolution No. 3079, certifying the Master Plan Amendment from approximately 78.79 acres of Industrial (I) and approximately 3.40 acres of General Commercial (GC) to approximately 75.19 acres of Mixed Use (MX) and approximately 7 acres of Tourist Commercial (TC), associated with PCN0605 1, adopting Findings MP 1 through MP4 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salemo, Smith, Schrnitt, YES. Council Member Carrigan, NO. Motion carried.

8.2 - Time: 5:57:08 p.m. Public Hearing and 2nd An agenda item from Assistant Planner Heather Manzo Reading of Bill No. recommending the City Council conduct a public hearing and 2566, PCN07071, Suncal approve Bill No. 2556, a general ordinance rezoning real property Copper Canyon, Rezone owned by Suncal Copper Canyon, LLC, from I (Industrial) and C2 Request on 82 Acres (General Commercial) to NUD (New Urban District) on from I and C2 to NUD approximately 82 acres generally located northeast of the

intersection of Vista Boulevard and Interstate 80 and west of the existing Copper Canyon Planned Development, Sparks, NV; and providing other matters properly relating thereto.

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The presentation for this item was made under and is listed under Item 8.1.

Mayor Martini opened the public hearing and asked if anyone wished to speak regarding this item. There being no cormnent, the public hearing was closed.

A motion was made by Council Member Smith, seconded by Council Member Salerno, to approve Bill No. 2566 (Ordinance No. 2383), the rezoning request associated with PCN07071, to change the existing zoning from I (Industrial) and C2 (General Commercial) to NUD (New Urban District) on a total of five parcels approximately 82 acres in size generally located northeast of the intersection of Vista Boulevard and Interstate 80 and west of the existing Copper Canyon Planned Development based on findings Z1 throug11 23 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Sclmitt, YES. Motion carried.

8.3 - Time: 5:58:32 p.m. PCN06 107, Suncal An agenda item from Assistant Planner Heather Manzo Copper Canyon, recommending the City Council conduct a public hearing and

e Tentative Approval of an approve PCN06107, Suncal Copper Canyon Development, LLC, a Amendment to the request for tentative approval of an amendment to the development Handbook to Add 82 standards and to add approxinlately 82 acres to the existing 1238.6 Acres to the Existing acre Planned Development Area. The project is generally located 1,23 8.6 Acre Planned northeast of the intersection of Vista Boulevard and Interstate 80 Development Area and east of the D'Andrea Planned Development and west of the

eastern City limits.

The presentation for this item was made under and is listed under Item 8.1.

Mayor Martini opened the public hearing and asked if anyone wished to speak regarding this item. There being no comment, the public hearing was closed.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve the request for tentative approval of the amendment to the Planned Development Handbook associated with PCN06107 (Suncal Copper Canyon Amendment), adopting findings PDl through PD2 1 and the facts supporting those findings as set forth in the staff report. The tentative approval includes that the applicant shall file the application for final approval of the planned development handbook within one year from the date of the City Council granting tentative approval of the planned development handbook. Due to the nature of the planned development, the City Council will not require a bond at this time

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as stated in NRS 278A.490. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried. 0

9.1 - Time: 6:00:34 p.m. Comments from the City Manager Shaun Carey announced that there was a vacancy on Council and City the Airport Noise Advisory Panel and reviewed the application Manager process, noting that applications would be accepted through

December 3 1,2007.

Council Member Schmitt noted that a letter had been received from Charter Communications in which they stated that, effective January lS', they are no longer bound by the franchise agreement with the City of Sparks. He asked staff for additional information on how this new legislation will affect the fees that Sparks receives.

Council Member Schrnitt also asked staff to look into the issues regarding the City of Sparks having a line of credit. He said he felt that the City should always be carrying a line of credit in case a catastrophe happens.

Council Member Mayer commended Sr. Assistant City Attorney David Creekman on his professionalism at a recent meeting.

10. - Time: 6:04:03 p.m. Adjournment There being no further business, the meeting was adjourned at 6:04

City Clerk >>>

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REGULAR MEETING OF THE SPARKS CITY COUNCIL December 10,2007 3:00 p.m.


by Mayor Geno Martini at 3:03 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

2. - Roll Call

Time: 3:03:07 p.m. Mayor Geno Martini, City Clerk Linda Patterson, Council Members John Mayer, Philip Salerno, Ron Smith, Mike Carrigan, Ron Schrnitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT.

Staff Present: Kathy Clewett, Marc De La Torre, John Dotson, Steve Driscoll, Andy Flock, Teresa Gardner, Rob Joiner, Neil Krutz, Randy Mellinger, Margaret Powell, Jim Rundle, Chris Syverson, Tim Thompson, Victor Villarreal, Greg Von Schottenstein and Carrie Brooks.

Invocation and Pledge of Time: 3:03:22 p.m. Allegiance The invocation was given by Reverend Kathy Hopner of St. Paul

e Episcopal Church and the Pledge of Allegiance was led by Council Member John Mayer.

Comments from the Time: 3:03:50 p.m. Public Mr. Robert Drake, 3194 Ten Mile Drive, Sparks, spoke about the

lack of assistance from City Staff regarding a problem he was having with the type of trees the developer had planted in his subdivision.

Ms. Shirley Bertschinger, 832 Olancha Court, Sparks, spoke regarding a "campaign fundraiser dinner" for Council Members hosted by Harvey Whitimore.

Approval of the Agenda Time: 3:08:30 p.m. Consideration of taking items out of sequence, deleting items and adding items which require action upon a finding that an emergency exists.

A motion was made by Council Member Smith, seconded by Council Member Salerno, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

3. - Time: 3:09:02 p.m. .. Approval of the Minutes A motion was made by Council Member Mayer, seconded by

Council Member Salerno, to approve the minutes of the Regular

Page 1 of 13

Minutes of the Regular Meeting of the Sparks City Council for December 10,2007

Meeting of November 13, 2007 and the Special Meeting of Nove~nber 19, 2007. Council Members Mayer, Salerno, Smith, Carrigan, S c h i t t , YES. Motion carried.


4.1 - Time: 3:09:40 p.m. Presentation of the Mr. Les Ede, President of the Board of the Sparks Heritage Sparks Heritage Museum, provided a verbal overview of the Museum's Annual Museum Annual Report report and responded to questions from Council Members.

Council Member Mayer commented that it was a beautiful museum and that all the volunteers do a great job.

5 . Consent Items: Time: 3:3 1 :39 p.m. A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve Consent Items 5.1 through 5.7. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Council Member Mayer asked why the applicant in Item 5.7 was asking for a reversion. Community Development Director Neil Krutz responded that he would have to research the reversion to acreage request to see why the applicant was asking for this action, but typically it was so that an expansion of the current building(s) would comply with the new building code. He said he would e-mail Mr. Mayer with his response and copy the rest of the Council as well.

5.1 - An agenda item from Finance Director Tom Minton recommending Report of Claims and approval of the Report of Claims and Bills approved for payment Bills and the Appropriation Transfers made since the last regular Council

Meeting for the period covering November 8, 2007 tlvough November 2 1,2007.

5.2 - An agenda item from Public Works Director Wayne Seidel Purchase of One 2008 recommending the City Council approve the purchase of one 2008 Ford Crown Victoria Ford Crown Victoria police cruiser through the State of Nevada Police Cruiser Administration Purchasing Division Joinder bid process from Jones

West Ford in the amount of $25,196.25. This is a replacement for a 2005 police cruiser which was totaled in an accident.

5.3 - An agenda item from Public Works Director Wayne Seidel Purchase of Foxboro recommending the City Council consider an exception to bid and Distribution Control approve the purchase of Foxboro distribution control parts upgrade Parts Upgrade for for the Truckee Meadows Water Reclamation Facility in the amount TMWRF of $148,111.14. The current control system was installed in 1998

and has been very reliable and user friendly. However, Foxboro no

Page 2 of 13


longer supplies some of the modules used in the system. This upgrade will allow us to migrate to state of the art controllers and keep the system reliable with a source of repair parts. This is the first phase of a multi-year project. This upgrade will only replace the outdated parts of the system, while continuing to use parts that are still supported.

5.4 - An agenda item from Public Works Director Wayne Seidel Agreement for the Sale recommending the City Council approve an Agreement for the Sale of Treated effluent with of Treated Effluent with Donahue Schriber Realty Group, L.P. for Donahue Schriber Realty Pioneer Meadows Marketplace East. The City of Sparks effluent Group for Pioneer pipeline system is located in proximity to the shopping center, who Meadows Marketplace desires to irrigate landscaping with effluent. Effluent is available to East provide service and will result in an estimated $5,307 per year in

revenue. The agreement specifies a 20-year term; however, it will terminate prior to that time if the City adopts an effluent water reuse utility ordinance.

5.5 - An agenda item from Public Works Director Wayne Seidel Agreement for the Sale recommending the City Council approve an Agreement for the Sale of Treated effluent with of Treated Effluent with Donahue Schriber Realty Group, L.P. for Donahue Schriber Realty Pioneer Meadows Marketplace West. The City of Sparks effluent Group for Pioneer pipeline system is located in proximity to the shopping center, who Meadows Marketplace desires to irrigate landscaping with effluent. Effluent is available to West provide service and will result in an estimated $6,487 per year in

revenue. The agreement specifies a 20-year term; however, it will terminate prior to that time if the City adopts an effluent water reuse utility ordinance.

5.6 - Interlocal Reimbursement Agreement with Washoe County for Extension of Utilities for Golden Eagle Regional Park and Change Order No. 3 to Q&D Construction

An agenda item from Public Works Director Wayne Seidel recommending the City Council accept an Interlocal Reimbursement Agreement with Washoe County for the extension of utilities (sewer and water) for service to the new Interpretive Center and Golden Eagle Regional Park for $65,000 in funding reimbursement for Washoe County and approval of Change Order No. 3 to Q&D Construction for this work. This will allow the County to tie into the new utilities constructed at the Park without disturbing the new pavement, irrigation, and landscaping constructed at the park.

5.7 - An agenda item from City Surveyor Andy Fuller recommending the Reversion to Acreage City Council approve a Reversion to Acreage Map for property Map for 1540 "I" Street, located at 1540 "I" Street for Dana L. Sorenson. The conversion is Sorenson to eliminate interior lot lines conflicting with existing and proposed

0 buildings. With the reversion, the parcels will be in compliance with the 2003 International Building Code. The map has been reviewed by the Community Development Department and has been found to be acceptable and the appropriate fees have been paid.

Page 3 of 13

Minutes of the Regular Meeting of the Sparks City Council for December 10, 2007

6. Genera1 Business:

6.1 - Time: 3:33:56 p.m. Acceptance of Twelve An agenda item from Parks and Recreation Director Stan Sherer Sponsorships for the 2 1 recommending the City Council accept $15,050 in totaI Annual Sparks sponsorships from I2 sponsors for the 21'' Annual Sparks Hometowne Christmas Hometowne Christmas event presented by Intuit. The Hometowne Event Christmas event receives donation and sponsorship funding each

year to assist with the event production costs and sponsors and donors are recognized for their generosity.

Special Events Coordinator Greg Von Schottenstein noted a change in the sponsors from what was listed in the Staff report and reviewed the sponsors as follows:

1. Date & Voice Integration 2. Dickson Realty 3. Fuze 4. Intuit 5. John Ascuaga' s Nugget 6. Liberty Tax Service 7. Northern Nevada Medical Center 8. Sierra Office Solutions 9. Sparks Chamber of Commerce 10. Sparks Florist 11. Terrible's Rail City

Mr. Von Schottenstein said the new total is $15,800 from 11 sponsors, because one sponsor dropped out.

I A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to accept the sponsorships as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.2 - Time: 3:35:42 p.m. Federal Legislative Government Affairs Manager Rob Joiner introduced our Federal Issues Lobbyist Anja Graves and her associate Alex Cox, of the firm of

CHG and Associates in Washington DC. Ms. Graves gave a brief overview of her written report, stating that Congress is back in session after their Thanksgiving recess and they have been busy trying to get legislation passed, but haven't been very successful. They are trying to complete appropriations, since we are already two months into the fiscal 2008 appropriation cycle and they have only one of the 12 appropriation bills passed. She noted they are also working on energy legislation, the alternative miniinurn tax patch and the farm bill. She said that she anticipates that appropriations may be the only bills that, pass by the end of the year

Page 4 of 13


and the rest would have to be fixed, temporarily with a continuing resolution on the other items. She said there is a current continuing resolution keepin the federal government running until the end of 8 the week (the 15' ), but she anticipates that they will have to pass another resolution to keep the government running, at least until the 21S', and that they will be in session up until Christmas Eve trying to complete the fiinding bills.

Ms. Graves noted that the House was expected to act tomorrow on an eleven bill package, also known as an omnibus that reduces their spending and splits the difference between the President's budget and what they had planned earlier in the year and would reduce their spending levels by about $1 1 billion. However, two days ago, the White House Office of Management and Budget (OMB) promised a veto, so since Congress has very little leverage, she expected them to pass another bill that would reduce spending (by a little over $21 billion) to what the President had requested earlier last year. She said that what this meant for our earmarks is: I ) that our delegation is able to hold our current earmarks as is; 2) all the earmarks in the bill get a "hair cut"; and 3) specific projects sponsored by certain members will be cut entirely from the bill. Ms. Graves said that because Senator Reid is the leader of the Senate, the chance of our earmarks being cut from the bill is very slim.

Ms. Graves said that there is a lot of other legislation listed in her report, but unfortunately she did not think any of it will pass this year and she did not think it would pass next year either, because it is an election year.

Ms. Graves responded to questions from Council Member Mayer regarding the SAFETEA-LU appropriations for coming years.

Council Member Mayer led a discussion regarding transporting nuclear waste in Nevada and being shipped through Sparks using automated trains with a lack of security and the potential for becoming a dangerous situation. Mr. Joiner confirmed that there will not be a hearing in Sparks regarding these issues, but there is one in Reno. He said he has researched the City Council's history of opposing nuclear waste in Nevada and in particular, Sparks, and there have been numerous resolutions in opposition, as well as letters in opposition. He said he is recommending that the Council once again oppose this in writing and he will have a staff report prepared for the next meeting (Dec. 1 7 ~ ~ ) for the Council's consideration.

6.3 - Time: 3:48:48 p.m. Direction to Staff Government Affairs Manager Rob Joiner noted that this revised Regarding the City of Legislative Platform was a follow-up to the first adoption of our

Page 5 of 13

e Regular Meeting of the Sparks City Council for December 10. 2007

platform and policies statement done in May of 2006. He said the js platform adopted in May was the first effort by the Council to pro-

actively state the communication program, the policies and *

legislation that we would be utilizing in dealing with local, state, and federal government affairs.

He said today staff has provided a platform update with current issues; the legislative process, restated (the 3 "P's"); the matrix of policy issues; and the program policies of how we will work amongst each other; the council's communications program, and a list of the elected officials in the State and their terms of office.

Mr. Joiner stated one of the big issues under regional and State-wide issues is to support the efforts of other entities to gain local entity governance. He said this came up during the session and there is an interim committee focusing on the issues involved in more local authority. He said we also want to support our different associations: the National League of Cities and the Nevada League of Cities, in their efforts to support their platforms. He said under local government finance we oppose state and federal legislation that requires local entities to provide a service without benefit of appropriations (unfunded mandates).

Mr. Joiner noted that our platform opposes any change by the e federal, state, or local governments in revenue allocations which would negatively affect local governments, including redistribution of taxes and fees. He said an example of this would be the public safety funding initiative: if we want to pass something locally, shouldn't we have the right, if our citizens decide to tax themselves. I

I

Mr. Joiner pointed out that local government need to control revenues related to franchises. We know what is happening at the federal level and we now have another moratorium on internet provisions, but under franchises, we are currently maintaining what we have.

Mr. Joiner said we also want to support greater local authority for tax exemptions and incentives for purposes of local economic development. He said we want to make sure legislation does not take this away.

Mr. Joiner said there is an interim coinrnittee on consolidated tax distribution and we have been asked to provide information to support our commitment to looking at that issue, as we did in the 2007 session. He said we want to advocate measures in State legislation to re-distribute consolidated taxes on a more equitable basis. He noted the FIRST program is studying this issue.

Page 6 of 13


He said the section on labor relations is very similar to what we had in 2006/2007.

He noted that under public safety the new issues are listed under items J, K, and L on Page 9: to support enabling legislation providing opportunities for local governments to utilize video recording of traffic infractions for traffic enforcement and citation purposes. He said this came up in the last session under a bill. It was denied; however a test project has been granted for the City of North Las Vegas. It was noted that this was already done in other parts of the country. Council Member Carrigan said he had a problem with cameras because it goes with the car, not the driver and the Council has not discussed whether or not to support this legislation. City Manager Carey said this request to add this to our legislative platform for the first time this year came from the City Manager's Office. He said this was discussed with our legislative committee and the belief is that with the levels of police officers and our inability to add enough officers to provide adequate traffic safety in our community and the number of accidents that have been contributed to running red lights, it would be appropriate to provide this tool to use in traffic enforcement. However, he noted, that it was ultimately the Council's decision on whether to support this enabling legislation. Mr. Joiner noted that the pilot programs will be at intersections where there have been multiple fatal accidents on a consistent basis. They are not just looking for proceeds from the traffic citations, but they are looking to reduce fatalities and the hope is that if people know the camera is there, they will think twice about running red lights.

Council Member Carrigan said he was also concerned about the "Nevada Proposition 13" and how it is going to work. He said if it works like California, as a tax payer he would oppose it because he would pay more; but as a member of local government he knows it would increase revenue a lot. Mr. Joiner said this issue is on Page 6, item I, and it is worded so that we will oppose it only if it limits the City's ability to maintain or grow services.

Mr. Joiner continued his discussion of public safety issues stating item K supports enabling legislation providing expanded utilization of non-sworn officers to issue nuisance citations. Item L supports legislation which provides local authority to impose mandatory court assessments to defray administrative costs of municipal courts. This will make it mandatory rather than permissive by the Court Administrators so that we can cover the costs of courts and try to make them more self-sufficient.

Mr. Joiner noted that there have been several attacks on Redevelopment over the recent sessions of the Legislature and our

Page 7 of 13

2 Regular Meeting of the Sparks City Cou~cil for December 10,2007

ability to utilize tax increment financing; even though everyone loves what it does. Therefore we have statements to reinforce and maintain our ability to utilize redevelopn~ent efforts and tools. He said the platform opposes legislation that would divert future revenues from redevelopment agencies to other public entities.

He stated that under economic development we have added and fine tuned our statements on exploring legislative opportunities to bring technology to assist the City in economic recruitment. He said we also added supporting efforts to creating a regional approach to provide for the cost of relocating the existing Sparks rail yards and for dealing with intermodal facilities.

Mr. Joiner said we have a general statement to support our ongoing programs under Housing and Community Development. He said as we have seen in the last few years, maintaining the housing programs have been a challenge.

Council Member Mayer said he did not think we should take a position on affordable housing until we see what types of programs come out of the legislative task force, because they have been talking about an unfunded mandate to have the local jurisdictions pay for it (AB439). Mr. Joiner stated that based on Council inputs through the legislative team, this item is worded so that it does what the Council intended: Support legislation that provides incentives (. . .) to local agencies, private developers, and non-profit groups in order to rehabilitate residential units and commercial properties without using existing local government resources.

City Manager Carey agreed that the area of affordable housing was an area we need to address as a region; and we do need to find funding sources that do not take money from the priorities that the Council has set.

Council Member Schmitt asked what the City of Sparks spent on the Regional Plan per year. Figures of $3,500 to $4250 per year were offered. He said for this amount of money, it would be a good idea to find an alternate model.

Infrastructure and highways - Mr. Joiner noted that this was tied into some of the City-wide strategic goals and one item is supporting legislation that encourages emerging employment centers with the end goal of reducing commute miles and support smart growth.

Mr. Joiner also discussed support of the Nevada League of Cities legislative platform on transportation funding alternatives. He said the City Manager has taken the lead on working with them to look at some funding methods that are unique locally as well as

Page 8 of 13


nationally. He said we are also supporting measures that safeguard our community and transportation networks from hazardous and toxic materials. This means we are going to oppose anything on our highways that is hazardous or toxic.

Under Public Works, Mr. Joiner stated there is concern with just maintaining our control over our rights-of-way and planning for the most cost effective infrastructure. (He said then there are our statements on flood control and water management.) He said we do support the consolidation of water issue, in general, as long as it is under our local model and supports the TORA operating agreement mandates.

Mr. Joiner stated that staff has consolidated our platform development, our communications model, and our messages and how we work with each other and how we work with the legislative team in preparing items that come before the Council.

He noted that the staff report also provides a matrix of how a bill moves through the legislative process at the State (how it works in theory and how it really works). He said it also shows the latest legislative partnering and updating the committee assignments and where the legislators are assigned.

Mr. Joiner asked for direction from the Council regarding any modifications or adoption of the legislative platform and policies.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to adopt the Legislative Platform as outlined by staff. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, NO. Motion carried.

7. Public Hearings and Action Items Unrelated to Planning and Zoning:

7.1 - Time: 4: 19:06 p.m. 2nd Reading and An agenda item from Finance Director Tom Minton recommending Adoption of Bill No. the City Council conduct a public hearing and approve Bill No. 2563, An Ordinance 2563, an ordinance of the City Council of the City of Sparks Amending Ordinance amending Ordinance No. 2370 in order to authorize the expenditure No. 23 70 in Order to for the purposes described in NRS 360.855(3) of sales and use taxes Authorize Expenditure of imposed with regard to tangible personal property sold at retail, or Sales and Use Taxes stored, used or otherwise consumed, in the City of Sparks Tourism

Improven~ent District No. 1 (Legends at Sparks Marina) and pledged pursuant to Ordinance No. 2370.

City Manager Shaun Carey noted that this ordinance authorizes the utilization of the "turbo" clause in the repayment of the STAR Bonds.

Page 9 of 13


It was noted that the City has been working on the STAR Bonds for a long time and this will aIlow us to pay them off earlier, if possible.

Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding this proposed ordinance. There being no comment, the public hearing was closed.

A motion was made by Council Member Salerno, seconded by Council Member Schrnitt, to adopt Bill No. 2563 (Ordinance No. 2380). Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

8. Planning and Zoning Public Hearings and Action Items:

8.1 2nd Reading and Adoption of Bill Nos. 2564 and 2565, Establishing a Sparks Historic Resources Commission and Criteria for Designating Historic Resources and Establishing Historic Districts

Time: 4:21:22 p.m. An agenda item from Senior Planner Victor Villarreal recommending the City Council conduct a public hearing and adopt Bill Nos. 2564 and 2565, as follows:

Bill No. 2564, An ordinance establishing a Sparks Historic Resources Commission (HRC); and providing other matters properly related thereto; and

Bill No. 2565, An ordinance amending the zoning requirements for the Sparks Historic Landmark Overlay District; and providing other matters properly related thereto.

Mr. Villarreal noted that over the past several years there has been increased public awareness and interest in matters conce&ng the preservation of Sparks' heritage and history. He said we have had a number of forums on the matter of historic preservation; we have had an ad hoc historic preservation committee meeting quarterly since 2004; we have had an active, on going, survey of our historical resources in and around the original town center of Sparks since 2003 and have surveyed approximately 579 structures of whch 65% have been found to meet the criteria for possible designation as historic resources. He noted that thanks to our former Planning Intern, Scott Carey, we are one of two Preserve America Cities in the State. We have a number of buildings in the National Register of Historic Places and over the past year staff has been in the process of creating this draft historic preservation ordinance.

He stated that per the direction of Council in the fall of 2005, staff looked into converting the ad hoc historic preservation committee into a full Historic Resources Commission. Since that time staff has researched the composition, duties, and processes of numerous historic preservation comnissions across the country.

Page 10 of 13


Mr. Villarreal noted that the research has resulted in two proposed ordinances: 1) Section 2.3, which outlines the commission composition and duties; and Section 20:95, which outlines processes related to the activities of the Historic Resources Commission.

He stated that these ordinances set up the frame work for the appointment of the Commission and the duties that will be performed by this Commission, including the designation of possible resources and the creation of a possible district. However, it doesn't create the Commission or create a district.

He then discussed a number of issues that came up during the workshops and public meetings. He said at first there was a very brief overview of the intent of the Commission, but this has been expanded to explain what this is about: ... the educational, culturaI, economic, and general welfare of the public through the recognition, enhancement, preservation and production of sites and districts within the City of historical and cultural significance. It is also the intent of this title to create a flexible, self-perpetuating, voluntary, historic resource program to preserve and promote the community's functional resources in an economically viable manner. He clarified that we would not hold on to old buildings simply because they are old buildings, nor prevent a property owner from doing something economically viable with their property. He stressed the totally voluntary nature of the program.

Mr. Villarreal noted that the criteria for resource designation is consistent with what the National Register of Historic Places requires. He stated another concern was the requirement of bringing a building of a certain age or era up to the current fire code. Mr. Villarreal stated this would be something contained within the fire code, not within the historic preservation ordinance.

Mr. Villarreal then discussed commission membership. He said the way the ordinance is currently set up, it requires a membership of five individuals before there is a district. Once a district is created, two additional members would be added. One member must reside within the proposed district boundaries and one must be a representative of the Sparks Heritage Museum. Of the original five members, we are looking for two that have some sort of professional or working background in historic preservation. He noted that at the last Council meeting the question was raised about what happens if we can't find someone with that kind of architectural preservation background. He said being adjacent to the University and the interest in those matters, we would hopefully find someone with that background; however, he spoke with the State Historic Preservation Office and they sent him a policy which outlines that if the local government has demonstrated a reasonable effort to fill these

Minutes of the Regular Meeting of the Sparks City Council for December 10, 2007

positions and one or both of such qualified professionals are not available, those positions may be filled by professionals in other related disciplines such as Urban Planning, American Studies, etc.

* So, we should be able to find someone to fill those seats. I

Mr. Villarreal noted that although Sparks is only a little over 100 years old, we need to start preserving our heritage for the future and these ordinances will help preserve and celebrate Sparks' past.

Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding these proposed ordinances. There being no comment, the public hearing was closed.

Council Member Mayer asked if signs would also qualify as historical sites. Mr. Villarreal noted that they are in some communities, but he did not know if they qualify with the State Historic Preservation Office; however he would check on it and provide an answer for Mr. Mayer.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to adopt Bill No. 2564 (Ordinance No. 2381). Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

A motion was made by Council Member Salemo, seconded by Council Member Mayer, to adopt Bill No. 2565 (Ordinance No. 2382). Council Members Mayer, Salemo, Smith, Carrigan, Sclmitt, YES. Motion carried.

8.2 - Time: 4:37:18 p.m. 2"d Reading and An agenda item from Assistant Plaimer Heather Manzo Adoption of Bill No. recommending the City Council conduct a public hearing and adopt 2566, Suncal Copper Bill No. 2566, a general ordinance rezoning real property owned by Canyon, Rezone of 82 Suncal Copper Canyon, LLC, froin I (Industrial) and C2 (General Acres from I and C2 to Commercial) to NUD (New Urban District) on approximately 82 NUD acres generally located northeast of the intersection of Vista

Boulevard and Interstate 80 and west of the existing Copper Canyon Planned Development, Sparks, NV; and providing other matters properly relating thereto.

Mayor Martini noted that he would open the public hearing on this item; however, it would be continued to the December 17"' meeting. ~ Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding this proposed ordinance. There being no comment, the public hearing was closed. 0

Page 12 of 13


A motion was made by Council Member Salemo, seconded by Council Member Smith, to continue this item to the meeting of December 17, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

9. Time: 4:38:24 p.m. Col~lrnents from the None. Council and City Manager

10. - Adj oumment

Time: 4:38:35 p.m. There being no further business, the meeting was adjourned at 4:38 p.m.

Mayor

City Clerk

Page 13 of 13

REGULAR MEETJNG OF THE SPARKS CITY COUNCIL November 26, 2007 3:OO p.m.

1 . - Time: 3:01 : I 5 p.m. Call to Order The regular meeting of the Sparks City Council was called to order


2. - Time: 3:01:22 p.m. Roll Call Mayor Geno Martini, City Clerk Linda Patterson, Council Members

John Mayer, Philip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney David Creekrnan, PRESENT. City Attorney Chet Adams, ABSENT.

Staff Present: John Dotson, Adam Mayberry, Joann Meacham, Andy Flock, Steve Driscoll, Mark Finch, Teresa Gardner, Rob Joiner, Kathy Clewett, Wayne Seidel, Margaret Powell, Ron Laylon, Trish Kuehl, Jim Rundle, Chris Syverson, Shirle Eiting, Randy Waterman, Victor Villarreal, Summer Pellett and Carrie Brooks.

Invocation and Pledge of Time: 3:01:40 p.m. Allegiance The invocation was given by Father George Wolf of the Holy Cross

a Catholic Community and the Pledge of Allegiance was led by Acting City Attorney David Creekrnan.

Comments from the Time: 3:03:25 p.m. Public None.


Agenda Item 6.3 was withdrawn from the agenda for additional staff work in preparation of returning the item in January to the City Council.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 3:04:31 p.m. Approval of the Minutes None.

a

Minutes of the Regular Meeting of the Sparks City Council for November 26, 2007 I

4. Announcements, Presentations and Recognition Items and ltems of Special Interest: a 4.1 Time: 3:04:34 p.m. Commendation for UNR Mayor Martini read a commendation to the Interior Design Program Interior Design Program students, who evaluated Sparks City Hall and presented their Students concept and designs to city staff. The commendation was accepted

by the students and their teacher, Daunine Vining from UNR.

4.2 - Time: 3:09: 18 p.m. Presentation on Mr. James Ross, program developer for fundraising and Ms. Cheryl Fundraiser for Business Katzmark of the Leadership Network and People First of Nevada Leadership Network and spoke regarding their program and its purpose. Mr. Ross spoke People First of Nevada regarding their plans for a miniature golf tournament and Ms.

Katzmark noted that they work with the community in developing jobs for people with disabilities.

4.3 Time: 3: 19:08 p.m. Introduction of New Public Works Director Wayne Seidel introduced Trish Kuehl, the Employee new Senior Administrative Analyst for the Public Works

Department, Sewer Utility Division, noting that Ms. Kuehl will be working with JoAnne Meacham.

5. Consent Items: Time: 3:21: 15 p.m. Council Member Carrigan asked about the I 1 gaming licenses, stating he had received several e-mails regarding concerns about casinos in Sparks. City Manager Carey noted that these are limited licenses with 15 machines or less and the applications were due to a change in ownership for businesses which are already established. I

A motion was made by Council Member Salemo, seconded by Council Member Carrigan, to approve Consent ltems 5.1 through 5.23, Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

5.1 An agenda item from Finance Director Tom Minton recommending Report of Claims and approval of the Report of Claims and Bills approved for payment Bills and the Appropriation Transfers made since the last regular Council

Meeting for the period covering October 25, 2007, through November 7,2007.

5.2 - An agenda item from Senior Planner Victor Villarreal Acceptance of a Grant recommending the City Council approve an application for a grant Award from the State award from the State Historic Preservation Office in the amount of Preservation Office $18,000 for the Fiscal Year 200812009 implementation of Phase 7

of the cultural resources survey of Sparks' historic neighborhoods. There is a $10,000 match required from the professional services fund account and $2,000 in "in-kind" services match for this grant.

- - - - - - - - _ _ _ - - _ - - _ - - _ - _ Page 2 of 1 8 i-

Minutes of the Regular Meeting of the Sparks City Council for November 26, 2007

5.3 An agenda item from Police Chief John Dotson recommending the Beer Package Llcense City Council approve an application from Ms. Angelica Yadira for Las Palmas Fresh Salgado, 5838 Lean Avenue, San Jose, CA 95123, for a Beer Meat Market Restaurant, Package License for Las Palmas Fresh Meat Market Restaurant 135 1 East Prater Way, located at 135 1 E. Prater Way, suite # l o ] . This will be Ms. Suite 10 1 Salgado's first liquor license in Sparks. The license will provide a

$300.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.4 An agenda item from Police Chief John Dotson recommending the On Premises Alcoholic City Council approve an application from Mr. Carlos Becerra, 1077 Beverage License for El Riverside Drive, Reno, NV 89503, for an On Premises Alcoholic Tacorriendo Restaurant, Beverage License for El Tacorriendo Restaurant located at 1825 1825 Prater Way, Unit Prater Way, Unit 103. This will be Mr. Becerra's first liquor license 103 in Sparks. The license will provide a $1,000.00 annual-fee, plus

$1 .OO per $1,000.00 over $50,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.5 An agenda item from Police Chief John Dotson recommending the Dining Room Wine & City Council approve an application from Mr. Michael Joseph Beer License for The Rapisura, 3465 Socrates Drive, Reno, NV 895 12, for Dining Room Blind Onion Pizza & Wine and Beer License for Joe's Friends, LLC, doing business as Pub, 834 Victorian the Blind Onion Pizza and Pub located at 834 Victorian Avenue. Avenue This will be Mr. Rapisura's first liquor license in Sparks. The

license will provide a $500.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.6 - An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Jerry Edward Herbst, Great Basin Brewing 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Company, 846 Victorian Winner's Gaming Inc., doing business at Great Basin Brewing Avenue Company located at 846 Victorian Avenue. Mr. Herbst has been

previously licensed for gaming within the City of Sparks. The license will provide an $840.00 annual fee for seven multi- denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.7 - An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Jerry Edward Herbst, Cantina Los Tres 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Hombres, 926 Victorian Winner's Gaming Inc., doing business at Cantina Los Tres Hombres Avenue located at 926 Victorian Avenue. Mr. Herbst has been previously

licensed for gaming within the City of Sparks. The license will

-- - - _ - - _ _ - - . - - - _ -- - _ . . - - . - - -- - - -- - - - - -

Page 3 of 18


provide a $960.00 annual fee for eight multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.8 An agenda item from Police Chief John Dotson recommending the Gaming Llcense for City Council approve an application from Mr. Jerry Edward Herbst, Good Cents Gas, 1 I East 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Victorian Avenue Winner's Gaming Inc., doing business at Good Cents Gas located at

I I E. Victorian Avenue. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide a $720.00 annual fee for six multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.9 An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Jerry Edward Herbst, Terrible's, 2191 Pyramid 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Way Winner's Gaming Inc., doing business at Berry Hinckley Industries,

which is doing business as Terrible's located at 2191 Pyramid Way. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide an $840.00 annual fee for seven multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.10 An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Jerry Edward Herbst, Terrible's, 1390 Disc 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Drive Winner's Gaming Inc., doing business at Berry Hinckley Industries,

which is doing business as Terrible's located at 1390 Disc Drive. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide an $840.00 annual fee for seven multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.11 An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Jerry Edward Herbst, Terrible's, 1365 Baring 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Boulevard Winner's Gaming Inc., doing business at Berry Hinckley Industries,

which is doing business as Terrible's, located at 1365 Baring Boulevard. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide a $1,800.00 annual fee for 15 multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.


5.12 An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Jerry Edward Herbst. Terrible's, 1600 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Victorian Avenue Winner's Gaming Inc., doing business at Berry Hinckley Industries,

which is doing business as Terrible's, located at 1600 Victorian Avenue. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide a $1,440.00 annual fee for 12 multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.13 Gaming License for Terrible's, 2805 North McCarran Boulevard

5.14 Gaming License for

@ Terrible's, 205 North McCarran Boulevard

5.15 Gaming License for Terrible's, 2 169 Prater Way

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Winner's Gaming lnc., doing business at Berry Hinckley Industries, which is doing business as Terrible's, located at 2805 N. McCarran Boulevard. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide an $840.00 annual fee for seven multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Winner's Gaming Inc., doing business at Berry Hinckley Industries, which is doing business as Terrible's, located at '205 N. McCarran Boulevard. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide an $840.00 annual fee for seven multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Winner's Gaming Inc., doing business at Berry Hinckley Industries, which is doing business as Terrible's, located at 2 169 Prater Way. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide a $1080.00 annual fee for nine multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.


5.16 Gaming License for Terrible's, 2095 Brierley Way

5.17 Purchase of Two Leica Model "SmartRover" GPS Survey Units*

5.18 Award of the Sparks Police Department Reception Counter Remodel

5.19 Award of the Municipal Court Clerk Remodel and Upgrades

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV, for a Gaming License for Winner's Gaming Inc., doing business at Berry Hinckley Industries. which is doing business as Terrible's, 2095 Brierley Way. Mr. Herbst has been previously licensed for gaming within the City of Sparks. The license will provide an $840.00 annual fee for seven multi-denominational slot machines, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve an exception to bid for the purchase of two Leica model "SmartRover" GPS survey units from Holmans Servco Survey & Laser in the amount of $37,825. These two units are of like kind and compatible with the four existing GPS survey units and GIs software that is currently in use by the City's GT Office. Funds are being reassigned and are available for this purchase.

*This item was inadvertently placed on the agenda again for the meeting of November 26, 2007. This was because Public Works thought the original yellow sheevstaff report had been lost and they re-submitted it; meanwhile the original report came through and was placed on this agenda.

An agenda item from Public Works Director Wayne Seidel recommending the City Council award to Lepori Construction, the Informal Bid for the Sparks PoIice Department Reception Counter Remodel in the amount of $45,965. The existing front counter will be removed and replaced to provide additional storage and easier access to existing forms, the emergency door lock, the elevator control and drop down gate; and allow up to three personnel to work at the counter at one time. Security glass will be installed to provide more protection for the police personnel.

An agenda item from Public Works Director Wayne Seidel recommending the City Council to Lepori Construction, the Informal Bid for the Municipal Court Clerk Counter Remodel and Upgrade in the amount of $73,975. This project will upgrade the functionality of the front desk by providing more storage and easier access to the existing forms. Safety and security will be provided by glass that will separate the clerks from the public while still allowing communication between the public and clerks.

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e 5.20 An agenda item from Public Works Director Wayne Seidel Approval of Two recommending the City Council approve two professional Professional Consulting consulting services agreements with Quad Knopf, LLC in the Services Agreements to amount of $92,400., to provide Federal Emergency Management Provide FEMA Agency (FEMA) certification of a portion of Interstate 80 and a Certification of a Portion portion of Sparks Boulevard as providing flood control protecting of Interstate 80 the Marina Area.

5.21 An agenda item from Deputy Community Development Director CCFEA with Kiley John Martini recommending the City Council approve a Capital Ranch Communities for Contribution Front Ending Agreement (CCFEA) with Kiley Ranch Roadway and Traffic Communities (Developer of Record), for roadway and traffic signal Signal Improvements on improvements to Pyramid Way. This agreement provides that the Pyramid Way developer will construct a portion of roadway and signal

improvements to Pyramid Way in exchange for regional Road lmpact Fee Credits in an amount equaling the fair value of the capacity improvements, estimated at $5,913,433.

5.22 An agenda item from Deputy Community Development Director CCFEA with Kiley John Martini recommending the City Council approve a Capital Ranch Communities for Contribution Front Ending Agreement (CCFEA) with Kiley Ranch Dedication of Right-of- Communities (Developer of Record), for dedication of right of way Way and Construction of and construction of Lazy 5 Parkway and David Allen Parkway. Lazy 5 Parkway and This agreement provides that the developer will dedicate right of David Allen Parkway way and construct a portion of the Lazy 5 parkway and the David

Allen Parkway in exchange for regional Road lmpact Fee Credits in an amount equaling the fair value of the capacity improvements, estimated at $9,425,490.

5.23 An agenda item from Deputy Community Development Director CCFEA with Kiley John Martini recommending the City Council approve a Capital Ranch Communities for Contribution Front Ending Agreement (CCFEA) with Kiley Ranch the Offered Right-of- Communities (Developer of Record), for the offered right of way Way Dedication to dedication to Pyramid Way. This agreement provides that the Pyramid Highway developer will dedicate right of way to Pyramid Way (along the

frontage of the Kiley North Planned Development) in exchange for regional Road Impact Fee Credits in an amount equaling the fair value of the capacity improvements, estimated at $2,243,140.00.


6.1 - Time: 3:22:55 p.m. Possible Action on An agenda item from Government Affairs Manager Rob Joiner Setting Federal Program recommending the City Council direct staff to coordinate and

a Priorities support the priorities for federal funding opportunities with: Nevada's federal delegation; supporting agencies; and contract legislative representatives. The Council has requested that a list of

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Page 7 of 1 8

: Regular Meet~ng of the Sparks City Council for November 26, 2007

projects for potential federal funding be forwarded for discussion and prioritizing. The potential projects are in the areas of highways, community development and flood control: and energy/ environment. The list includes a brief description of the project, and identification of all previous federal funding requests.

Mr. Joiner stated that based on direction received at the October 22nd council meeting; they have prioritized the City's requests for Federal appropriations for the Fiscal 2009 Federal Year. He noted they were attached to the report and they start with the Truckee Meadows Water Reclamation Facility environmental energy enhancement project. He stated this is because they anticipate funding in 2008 that is still pending. He noted that our Federal Lobbyist, Anya Graves, will be at the meeting on December I oth.

Mr. Joiner stated the Larry D. Johnson Community Center is second on the list. He noted that we have received funding on this project (and finished the first phase), but we are requesting $2.5 to $3 million. He said based on council direction, staff split the McCarran and Pyramid Highway projects into two projects: we have the urban interchange at $8 million and then the highway corridor and outer ring route at $5 million. He noted that also on the list are the two interchanges on 1-80 at Vista and McCarran and finally the support for the Truckee River Flood Control Project, where we are following the lead of the County and our consortium and supporting that project request of $1 0 million this year.*

*It was noted that in the electronic agenda that the Council received, the second page of the project list was missing; however, all the projects were discussed at the October 22"d meeting.

A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to direct staff to coordinate and support the priorities and amounts for federal funding opportunities with Nevada's federal delegation, supporting agencies and contract legislative representatives. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Mayor Martini read a letter of commendation from Senator John Ensign to Mr. Joiner, recognizing him as an outstanding employee who exemplifies the highest standard of professionalism, timely assistance and consistent support for him and his office. Mr. Joiner stated that all the work he does is a team effort and he thanked his fellow employees for all their support.

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6.2 Time: 3:29:44 p.m. @ Designation of Members An agenda item from City Manager Shaun Carey recommending the

to the FIRST Blue City Council provide direction and/or designate members to the Ribbon Task Force Fairness in Reno Sparks Taxes (FIRST) Blue Ribbon Task Force.

At a joint meeting of the Sparks and Reno City Councils on July 30, 2007, both councils agreed to move forward to recruit a broad-based coalition of members to serve on this committee for the purpose of overseeing a fiscal analysis study of the state tax structure.

Mr. Carey stated that the staff report contained the applications of those that are interested in serving on this committee and he said at this time there are 13 applications. He said at the pleasure of the Council, they could make appointments at this meeting and stated that the City of Reno would be considering this item on Wednesday of this week; noting that a late copy of their agenda report was provided to the Council.

Mr. Carey explained that as of this date the size of the committee has not been a fixed number, to allow for both City Councils to make sure that a broad range of members of the community and surrounding areas were given an opportunity to serve on this important board. He said he was very pleased with the applicants; however, one person, Megan Kiley, did withdraw her application, saying she did not feel she could dedicate the time it would take to be on this committee. He asked that the Council consider the 13 candidates remaining and make nominations for appointment.

Council Member Schrnitt said they had discussed having five people from each jurisdiction so that they had a manageable committee that can get things done, but now it is back up to as many as 15 from each jurisdiction, which means we could have as many as 30 people on the committee and he was concerned that it would not be manageable.

Mayor Martini said his understanding is that a few more on the committee would be better because it was going to last for such a long time and inevitably there would be some fallout, so it might be good to have more people that go through the entire process.

Council Member Smith said he agreed with Mr. Schmitt and he asked how many people Reno wanted to put on the committee. Mayor Martini said their staff report said they are looking at 22 people, but he did not know how may people they were going to appoint. He said originally we talked about 10 people from each entity. Mr. Smith said he felt that it the committee got too big, it would not get anything done. Mayor Martini asked the Council how many appointments they wanted to make.

Page 9 of 18

: Regular Meeting of the Sparks City Council for November 26, 2007

Council Member Schmitt said he d ~ d not have a problem making the appointments if they knew what the guidelines [for the committee] were going to be. However, he thought i t was five appointments for each entity, allowing Washoe County to also appoint some people [to the committee], but this does not look like Washoe County is participating. He said that before we appoint anyone, we need to define the structure of the committee. He said he felt we were missing an entire step and according to the staff report from Reno, i t looks like the Reno City Council directed their staff to monitor the progress of our council and if they had an appetite to expand from 10 members to 15 members, but only three are being appointed. He said it looked like Reno was also struggling with this issue and maybe we needed to get everyone together to decide how many people to appoint. He said he was not in favor of appointing anyone until he knew how many we should appoint.

Mayor Martini stated that we asked Washoe County to be involved in this, but they have not responded. Council Member Smith noted that one of the Sparks applicants lives in Washoe County. Mayor Martini confirmed that there were people who applied who live in the County, and while it may be good to put some County residents on the committee, they were not appointed by Washoe County. Council Member Smith stated he also felt that we may be skipping a step and that we needed to talk to Reno and define the size of this committee before we made appointments. He said all the applicants are qualified, but do we need that many people?

Mr. Carey stated that it is difficult to forecast the decisions of the Reno City Council, which will meet on Wednesday. He said when they first brought this issue forward, they chose to have a more inclusive, or larger number of applicants and sought more people to come forward, but to his knowledge they have not decided on a specific number for this committee and in his discussions with the Reno City Manager, they felt that a committee made up of 15 to 20 people would be an appropriate representation of the two bodies. However, if the Council would like more administrative review of this issue, that could be done in a subsequent joint meeting with the City of Reno.

Mr. Carey emphasized that the Reno City Council is looking for this committee to have a certain amount of independence in terms of the formation of the committee, the rules, selection of a Chairman, etc., so perhaps they were taking a more hands off approach in terms of providing prior direction to their staff.

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Council Member Mayer said he felt that the biggest problem with being a Council Member is appointments and he felt sometimes we get bogged down in the appointments and he did not want this committee to get bogged down. He suggested that the list be narrowed down to just Sparks citizens, because he would hate to see the Washoe County and Reno residents be appointed to the committee in place of a Sparks resident. He said he felt five would be sufficient, but maybe each Council Person and the Mayor could nominate one name.

Council Member Salerno noted that 10 of the applicants were Sparks residents and the other four were either from the County or Reno, and he suggested the Council decide on how many people they wanted to appoint, appoint them and let Reno follow our lead instead of waiting for them to appoint their members. He said perhaps we could appoint the Sparks residents and then appoint the others as substitutes or alternates, in case someone has to drop out.

Council Member Smith said we could appoint 10, as long as it is left open, so that if Reno wants more applicants, we can appoint more, to keep the numbers even.

Council Member Carrigan suggested appointing all 10 Sparks residents, because he hated to turn down volunteers. Council Member Salerno suggested appointing the other applicants as alternates.

A motion was made by Council Member Carrigan, seconded by Council Member Salemo, to appoint the ten (10) Sparks citizens as part of the committee and to retain the other three (3) non-Sparks applicants as alternates. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Council Member Schrnitt, ABSTAIN. Motion carried.

For the record, those appointed are as follows: Clyyne M. Cook; Christina B. Hines; Gary Hipple; Joseph W. Mayer; Judy A. Moss; Marvin L. Moss; Lyndi K. Newbry; Eric M. smith; Michael C. Sprinkle; Lurleen J. Stinehart. Alternates: Glenn E. Dawson (Washoe County); Kermit McMillin (Reno); James V. Melick (Washoe County).

6.3 - Time: 3:43:29 p.m. Direction to Staff An agenda item from Utility Manager JoAnn Meacharn Regarding the Sewer recommending the City Council hear a presentation and provide

Q Rate Study * direction to staff regarding the sewer rate study, including: sanitary, storm and effluent water reuse connection fees and user rates, and environmental control permits fees. The Public Works Department

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Page 1 1 of 18


Sewer Utility Divislon has completed financial rate studies for the sanitary, storm and effluent sewer utilities, and environmental control permit fees. Staff has also developed an effluent water reuse ordinance. Staff is seeking input and final direction from the City Council regarding the adoption of modified rates and fees and the proposed changes and additions to Title 13 of the Sparks Municipal Code (SMC).

*This item was pulled from the agenda to allow additional time to refine some of the information in the presentation.

6.4 Time: 3:46:52 p.m. Amendment to lnterlocal An agenda item from Public Works Director Wayne Seidel Agreement for the requesting that the Council approve an amendment to the Interlocal Formation of the lnterim Agreement for the Formation of the Interim Western Regional Western Regional Water Water Commission between the City of Sparks, the City of Reno, Commission Washoe County, Truckee Meadows Water Authority, South

Truckee Meadows General Improvement District and the Sun Valley General lmprovement District.

Mr. Seidel noted that the original agreement was approved on August 27, 2007, and the amendment is: 1) to clarify the date set forth in Section 6 as target dates and not binding deadlines; 2) to allow for the appointment of a member of the local managing board of South Truckee Meadows General lmprovement District as an Interim Trustee representing STMGID; and 3) to allow for the appointment of an alternate for the STMGlD appointment.

He noted that to date all the other parties in the agreement have approved items 1 and 2; however, there is no consensus on item 3.

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to approve items 1 and 2 of the amendment to the lnterlocal Agreement for the Formation of the Interim Western Regional Water Commission. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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6.5 Time: 3:50:04 p.m. I

- Direction to Initiate a An agenda item from Senior Planner Jim Rundle requesting that the Code Amendment to Council provide direction to staff to initiate a code amendment to Provide Clarification in provide clarification in the Municipal Code, Title 20, that the Master

I Title 20 that the Master Plan take precedence (in the case of a discrepancy) over the zoning Plan Take Precedence code. Over the Zoning Code

Mr. Rundle gave an example of a situation in which the proposed ordinance would apply and discussion ensued regarding various scenarios which would be solved by the proposed clarification.

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6.6 - 1 Reading of Bill Nos. 2564 and 2565, Establishing a Sparks Historic Resources Commission and Criteria for Designating Historic Resources and Establishing Historic Districts

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to direct staff to initiate a code amendment to provide clarification in the Municipal Code, Title 20, that the Master Plan take precedence (in the case of a discrepancy) over the zoning code. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 3:54:55 p.m. City Clerk Linda Patterson read Bill Nos. 2564 and 2565 by title, as follows:

Bill No. 2564, An ordinance establishing a Sparks Historic Resources Commission (HRC); and providing other matters properly related thereto; and

Bill No. 2565, An ordinance amending the zoning requirements for the Sparks Historic Landmark Overlay District; and providing other matters properly related thereto; and

Mayor Martini announced that the public hearing and second reading of these bills would be conducted at the Regular City Council Meeting of December 10,2007.

6.7 - Time: 3:55:46 p.m. is' Reading of Bill No. City Clerk Linda Patterson read Bill No. 2566 by title, a general 2566, Suncal Copper ordinance rezoning real property owned by Suncal Copper Canyon, Canyon, Rezone of 82 LLC, from I (Industrial) and C2 (General Commercial) to NUD Acres from 1 and C2 to (New Urban District) on approximately 82 acres generally located NUD northeast of the intersection of Vista Boulevard and Interstate 80

and west of the existing Copper Canyon Planned Development, Sparks, NV; and providing other matters properly relating thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of December 10,2007.

6.8 - Time: 3:56:28 p.m. PCN07042, Kiley Ranch An agenda item from Associate Planner Summer Pellett North, Final Approval of recommending the City Council grant final approval of PCN07042, a Planned Development a final Planned Development Handbook request to allow for the Handbook development of a 52.07 acre community commercial site (Phase 3)

located with the NUD (New Urban District) zoning district and within the 808.4 acre Kiley Ranch North Planned Development.

0 The Planning Commission forwarded a recommendation of final approval of the Phase 3 Kiley Ranch North Planned Development Handbook as the final draft is in substantial compliance with the

Page 13 of 18 I

Minutes of the Regular Meeting of the Sparks City Council for November 26. 2007

City Council's action on the tentative approval of the Kiley Ranch North Planned Development Handbook.

Ms. Pellett noted that for this handbook for this Phase 3 Communjty Commercial site, staff requested that the applicant add some standards regarding signage, architecture, banners, etc. so that we can regulate the development on this site, where as the tentative handbook was more general in those descriptions. She stated that staff believes this handbook is consistent with approval of the tentative handbook and is recommending approval of this handbook. She noted this item was forwarded with a recommendation of approval from the Planning Commission.

A motion was made by Council Member Smith, seconded by Council Member Carrigan, to approve the final Planned Development Handbook request associated with PCN07042 as the final draft is in substantial compliance with the City Council's action on the tentative approval of the Kiley Ranch North Planned Development Handbook and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.9 Time: 3:58:26 p.m. Possible Action on the An agenda item from City Manager Shaun Carey recommending the Voluntary Separation City Council approve the Voluntary Separation Plan and Retirement Plan and Retirement Attrition Plan. Attrition Plan

Assistant City Manager Steve Driscoll and Human Resource Manager Chris Syverson presented this item. Mr. Driscoll stated these two plans are related to employees leaving the service of the City. He stated the Voluntary Separation Plan is a voluntary program that would allow employees to look at their jobs and positions within the organization and if they could determine there was a possibility for their function to be reassigned or allocated to others and their position eliminated, then the City would consider a voluntary separation payment to them for the purposes of having that position or a related position to be open for a minimum of three years. He said the goal of the voluntary separation program is to create a voluntary reduction in the work force across the City because of the current budgetary issues and the need to control our expenses.

Mr. Driscoll noted that more than likely the fire and police services and some technical positions at the water treatment plant would not be eligible for ths program; however, we will take applications from anyone who has an idea of how to reduce personnel, but at the same time keep the services that are critical.

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Minutes of the Regular Meeting of the Sparks City Council for November 26: 2007

He explained that once the program is approved by the Council, the information would go out to staff and there would be an application deadline. He said once the deadline has passed, there will be a review team that will sit down and review each application. He said they will utilize all the employment contracts and the civil service rules they will make a determination regarding each application.

He said if it is determined that the volunteer could separate from the City before February 15Ih, there is up to a $30,000 one-time payment for early separation, in addition to all the contractual separation payments. If it is determined that the function could go a way by the end of March, then the one time payment will be up to $20,000.

Mr. Driscoll stated the second program deals with the issues regarding the sunset in the provision for retirees to join the State medical plan. He noted that if employees go to the State medical plan, there is a subsidy paid by the City to the State toward the medical plan for the employee, as long as they are in the State system. He said that what the City is concerned about is that there is no rule or regulation in the legislation that the employees are obligated to tell the City anything beyond the fact that on August 30, 2008, they could just walk out and be effectively retired. - He said there are numerous employees that are eligible to retire and the attrition program is designed to encourage employees to let the City know they are retiring so that we can plan and manage that potential vacancy, there will be a one-time payment, based on when they let the City know. He said this program is modeled after some things that were done in Carson City because it helps us know what is going on. He noted that both of these programs are designed to have the employees work with management so that the City can manage the budget with the expected short-falls.

Council Member Salerno stated previous plans included a health insurance bridge. Mr. Driscoll said there would be a health insurance bridge for 60 days, because if you switch to the State health department, you have to physically retire and sign up for PEB (Public Employees Benefits), but they don't become eligible for 60 days. He noted that anything over 60 days, the employee would be required to take care of the cost.

Council Member Salerno asked more questions about how the health insurance bridge works. Mr. Driscoll explained that the attrition program assumes that an employee is going into the State medical plan. The voluntary separation program does not contemplate whether or not an employee is going to the State

: Regular Meeting of the Sparks City Council for November 26, 2007

medical plan. However, every employee of the City has three options, up until August 30, 2008. I ) they can stay on the City plan as long as they pay for it (cash or sick leave conversion); 2) they can go into the State retirement system's medical plan (until August

e 30'~) which the employee pays for); and 3) they can purchase a plan on their own or remain on COBRA for a short period of time.

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He stated that we are suggesting that employees talk to our Risk I Benefits office regarding the City options; to PEB regarding the State benefits and to PERS (Public Employees Retirement System) ,

regarding their retirement benefits.

Council Member Mayer expressed concern about an employee getting caught in a lapse between insurance programs where a pre- existing condition would cause them to be ineligible for continued insurance coverage. He also asked what would happen if two employees in the same position both apply for the voluntary separation plan; who gets to leave the City? Ms. Syverson stated that in that case, staff would follow the Civil Services rules for seniority. In response to further questions, Mr. Driscoll clarified that the voluntary separation calculation is based on City of Sparks Service for the one-time payment; however, years of services does not determine whether or not a position is reviewed. He also noted that management can not approach an employee regarding these programs; we can provide information and resources to answer employee questions, but the employees have to come forward on their own initiative.

Council Member Carrigan asked if it was feasible that an employee could do both of these programs. Mr. Driscoll stated that if they take the voluntary separation program, the employee would not be eligible for the attrition program.

Council Member Carrigan said the voluntary separation plan is based on the elimination of positions for the long term and he asked for confirmation that the definition of long-term was a minimum of three years. Mr. Driscoll confirmed that it was a minimum of three, but the goal was to make it more permanent. Mr. Carrigan then discussed the re-employment clause, which gives an 18 month limitation before an individual could be hired back by the City. He asked where staff came up with 18 months. Ms. Syverson stated that was intended to be in another position and there are some PERS I rules about retiring and being re-employed. Mr. Carrigan expressed concern that the position eliminated was meant to be long-term, but an individual could voluntarily separate from their position and then get re-employed in 18 months; so the City just gave that person a $30,000 bonus. He suggested that it be 3 years before they could be 0

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re-hired with the City. He asked if the Council had to vote on the exact language in the staff report. Mr. Driscoll stated the Council would be voting on the program. but if we needed to "tweak" something, that would be fine.

Mr. Driscoll stated the program is designed to provide a long-term reduction in the dollars we are spending in providing services. He said if we accepted an application to eliminate a position and then in 18 months, the Department Head starts begging to fill that position, they are going to have a hard case to make to have that position opened back up again. Council Member Carrigan said he agreed, and that is why he is suggesting three years, or because the job was eliminated, make it clear they can only come back in another job. He used the military as an example: a person is filling a job as a military officer and they make the job available, so when they get out of the military, they can take it over as a civilian; however, they make you wait two years before an individual can do this. Mr. Driscoll noted that with the re-engineering there were only a couple of positions that had been eliminated that were brought for discussion and only one that was actually hired. But that was based on the fact that business changed in that five-year period of time. He said that with the voluntary separation program, he feels that staff will have done enough work and there will be a "waterfall" effect as to what really does get replaced versus the actual person that left. He said it really comes down to the job function being there and if at some point in the near future it is determined that, even though we made all the right decisions at the time, the business world has changed and we really need a position, if it wasn't past the three years, then that is a management choice that will have to be made. He emphasized that our short-term goal is that in the next three years there is not an expectation that we are going to be significantly different in our services.

Council Member Carrigan stated he did not feel that three years was a permanent reduction if the individual was allowed to come back and get another job in 18 months. Mr. Driscoll said their discussion for the 18 months was with the understanding that the individual would get a job somewhere else inside the City system because you have some qualifications. He said they wanted to make sure they did not violate any of the PERS rules or the Fair Standards Acts, etc. Mayor Martini asked if the Council changed the restriction to 36 months, would it violate any rules. Mr. Driscoll said no, it would not. Council Member Carrigan said he was suggesting 36 months because it matched the minimum time the job would be eliminated. Mr. Driscoll stated that if someone was leaving a mid-level management position and they wanted to come back and work as a temporary employee in the Parks, they couldn't work for us at all

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Minutes of the Regular Meeting of the Sparks City Council for Novembet- 26, 2007

for I 8 months, but if they just wanted to do some temp work after that and i t made sense to do so, we could hire that person after 18 months; however, if the Council wanted to they could change i t to three years.

a A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve the Voluntary Separation Plan and Retirement Attrition Plan, as outlined by staff. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schrnitt, NO. Motion carried.

After the vote, Council Member Mayer asked if any "tweaks" that staff made to the plans would have to come back to the Council. Mr. Driscoll stated that the "tweak" he referred to earlier was if the Council made any changes at this meeting; however, the Council passed the plans as presented, so that is what the plans will be, because the motion did not include the suggested change from 18 months to 36 months.

7. PubIic Hearings and Action Items Unrelated to Planning and Zoninp: NONE

8. Planninp and Zoning Public Hearings and Action Items: NONE

9. - Time: 4:30:47 p.m. Comments from the Council Member Carrigan asked that staff establish options on 6.6 a Council and City for the Historic Preservation Commission if there are no applicants Manager with experience.

10. - Time: 4:32:26 p.m. Adjournment There being no further business, the meeting was adjourned at 4:32 I I

City Clerk >>>

a SPECIAL MEETING OF THE SPARKS CITY COUNCIL November 19,2007 3:00 p.m.

I . - Time: 3:02:00 p.m. Call to Order The special meeting of the Sparks City Council was called to order

1 by Mayor Geno Martini at 3:02 p.m. in the Council Chambers of I the Legislative Building, 745 Fourth Street, Sparks, Nevada.

2. - I Roll Call

Time: 3:02:09 p.m. Mayor Geno Martini, City Clerk Linda Patterson, Council Members John Mayer, Phillip Salemo, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT.

Staff Present: David Creekman, Marc DeLaTorre, John Dotson, Steve Driscoll, Andy Flock, Neil Krutz, Karen Melby, Tom

I Minton, Margaret Powell, Wayne Seidel and Carrie Brooks.

Pledge of Allegiance Time: 3:02:25 p.m. The Pledge of Allegiance was led by Council Member Ron Smith.



A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. Time: 3:03:55 p.m. ~pprova l of the Minutes None.


4.1 - Time: 3:03:58 p.m. Proclamation - Native Mayor Martini read a proclamation naming November 2007 as American Heritage Native American Heritage Month in recognition of the Month contribution of the native peoples of North America to the history

and culture of the United States. Ms. Frances Benally,

a representing the Nevada Urban Indians, was present to accept the proclamation.

Page 1 of 10

Special Meet~ng of the Sparks City Council for November I 9, 2007 I Time: 3:06:45 p.m.

~ l a r Manager of Current Planning Karen Melby and Sr. Assistant City Attorney David Creekman gave a presentation regarding the

?w placement of cellular towers and the City's ability to regulate them.

Ms. Melby noted that a while back the City Council requested that staff research the City's ability to review cell towers. She reviewed the City's current process for reviewing cell tower applications, per Title 20.102. She noted generally by the time an application is submitted to the Planning Department, staff has already worked with the cell company numerous times regarding the location and design of the cell towers. She noted that only cell applications with cell towers in residential areas; towers over height limitations, or separation requirements that are not being met require a special use permit. She stated staff encourages co- location (numerous antennas on one pole structure) and stealth design (the design represents something else, such as a church steeple or other architectural feature).

Ms. Melby noted that staff has administratively approved two applications for cell towers and there are four applications currently pending. She stated in 2006 and in 2005 the City received 7 applications for each year. She stated that since the adoption of the ordinance in 1997, there are 24 cell towers located in the City of Sparks.

Mr. Creekman said he was asked to review the status of the law with regard to cell towers and in doing so, they discovered it jurisdiction was under the Federal Telecommunications Act of 1996 enacted by Congress in an attempt to promote competition and reduce regulation in order to secure lower prices and higher quality telecommunication services for American consumers.

He said there are two sections of that act that are of particular relevance to the City of Sparks: Section 253, which provides that no local government shall establish barriers to the entry into the wireless market; and Section 332 that provides that nothing in the act limits or affects the State or local government over decisions regarding the placement, construction and modification of personal wireless facilities.

Mr. Creekman said that if it were not for the courts having issued (in the last seven or eight years) very divergent opinions with respect to the applicability of those two sections to the City, he would say that our ordinance is in pretty good shape and that we have fairly wide latitude and a wide amount of discretion with respect to sighting and locational decisions. However, that is not

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Minutes of the Special Meeting of the Sparks City Council for November 19,2007

the case. These two sections have resulted in an enormous amount of litigation around the country.

Impermissible barriers to the entry into the wireless market were determined to have been erected in New York State when a city enjoyed the right to reject applications for telecommunications services based upon "any public interest factors". They were rejected in the City of El Paso, Texas, where the City imposed very stringent applications procedures and fees. But, Mr. Creekrnan continued, no impermissible barriers were found where a city merely imposed record keeping requirements (in Puerto Rico) or where a Regional Port Authority (in New York and New Jersey) objected to the placement of celI phone antenna in the tunnels because the interfered with the tunnel cleaning equipment. He stated that esthetic considerations were given a wide amount of leeway in yet another case in New York State because a cell tower would rise to three times the height of the tallest evergreen trees in the area and because the cell provider admitted that esthetics constituted a valid ground for local regulation; and, in California, because of a City's desire to further neighborhood preservation goals.

Mr. Creekrnan said about five or six years ago, it became apparent to the cell phone providers (the big telecommunications industry) that it was much easier to mount a challenge to a local government's regulatory authority by contending that the local government ordinance constituted (what is called) an impermissible barrier to competition. He said that was because challenging the zoning ordinances required the cell phone providers to wait until the ordinance was actually applied to them. They found they could get in the courthouse door much faster claiming an impermissible barrier which was contrary to the intent of the United States Congress in enacting Section 253 of the Telecommunications Act of 1996, and the courts bought off on it.

He said the most recent significant impact was that Sprint recognized that this avenue might provide them some relief in challenging a wireless telecommunication ordinance adopted by San Diego County. San Diego's ordinance created a four tier system for granting wireless permits: it required that an applicant submit a considerable amount of material and information before the County would even consider a permit. Sprint alleged that the San Diego County ordinance was so onerous, that it effectively prohibited the provision of telecommunication services. The 9th Circuit Court of Appeals, which has jurisdiction over us in Nevada, confirmed that the San Diego ordinance did have the affect of banning personal wireless service, because it granted the County significant discretion to determine whether a wireless

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Special Meeting of the Sparks City Council for November 19, 2007

application was compatible with adjacent uses; was compatible with residences; or was compatible with structures. It granted San Diego authorities discretion in determining whether the application was consistent or inconsistent with community character and whether it was designed to have minimal visual impact. The decision with regard to San Diego came out in June or Jul of this K year and now constitutes the controlling authority in the 9' Circuit with respect to these sections of the Federal Telecommunications Act. They are always raised as being an issue by the telecommunication providers when they are challenging a local government's decision.

Mr. Creekman stated that another slight element of complexity to this is the fact that the 9lh Circuit, on November 16 (last Friday), issued an order in yet another case involving these same two statutes, in which they requested that the California Supreme Court decide an important threshold issue of California law before the 9Ih Circuit would take on yet another appeal of the legitimacy of a city's cell phone sighting ordinances. That question of California law being whether public entities in California, such as the cities, may regulate the placement of cellular equipment in the public rights-of-way on esthetic grounds. If the answer to this question is yes, then the 91h Circuit will pick up on the appeal filed against the City of Palos Verdes Estates by Sprint and will determine if the Palos Verdes Estates ordinance, based on esthetic concerns, constitutes an impermissible barrier into the cell phone market. If the California Supreme Court declares that esthetics are not appropriate grounds for basing these decisions, then the 9th Circuit is finished and the decision made by the City of Palos Verdes Estates would be without a basis in law, and Sprint would win that case.

Mr. Creekrnan summed up his review by stating that this is a hideously complicated are of the law; the ultimate answer t o which depends greatly on where your jurisdiction is located. He said we happen to be in the jurisdiction of the 9& Circuit of appeals and by virtue of our location in the 9th Circuit, our existing administrative review process and also our process by which an application goes before the City Council, in his legal opinion, vests far too much discretion in the City to survive a challenge under the Telecommunications act of 1996. He stated he can't say this would be his conclusion if we lived in Florida or New York, but this is such a contentious issue and the courts are so heavily split, that this is the type of issue that is likely, in the right case, to make it to the Supreme Court for an ultimate resolution.

Mayor Martini said that what Mr. Creekman was saying was that as long as we let telecommunications come in and put a tower

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Minutes of the Special Meeting of the Sparks City Council for November 19, 2007

where ever they want and have it look like whatever they want, we'll be fine. Mr. Creekman responded not whatever they want and wherever they want; the City does retain authority, based on an analysis of the cases, but generalized concerns and unfounded fears do not constitute the level of evidence necessary to support a decision to deny an application. The Council's records must state the rational for voting for or against a project: on the record and before the vote. He said without evidence a court will reverse the denial. Esthetic concerns alone are generally not enough to justify denying an application and in one case in Virginia, a County cannot limit or restrict the use which a person may make his property under the guise of its police power where the exercise of such police power would be justified solely on esthetic considerations.

Mr. Creekman went on to explain that the City employees and the Council Members are not generally considered experts in this area, so if you have expert testimony, the City would have a very difficult time counter balancing that expert testimony, unless one of the Council Members happened to have some sort of specific and professional knowledge, experience, or education in this area. He said that any decision to deny an application shifts the burden of the City to establish that there is substantial evidence in the record to support the denial. He said if the City desires to deny an application, it has to ensure that it points to specific evidence in the record, especially (and this has been a key point in the eastern courts of appeal) if the City Council chooses to overrule the recommendations of its staff.

Council Member Schrnitt commented that the 1996 Federal Communication Act promised better cell phone service to the communities by taking away the local governments' right to say where cell towers can be placed and what they will look like. He said he was concerned where the new Federal Communications Act was going with regard to the powers of local government to regulate cell towers. He said he felt that this information was important for the community to know.

Mr. Creekman stated that given our location in the 9th Circuit Court of Appeals, he would concur that is how this area of the law has evolved, by virtual of judicial interpretations of the 1996 Act, but he was not sure that is what Congress intended when the passed the law.

Council Member Mayer expressed concern that our administrative process for approving cell towers did not allow the public to provide m y input, particularly if the towers were going in at or near schools and the public could not express their concerns

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Special Meeting of the Sparks City Council for November 19; 2007

regarding the health of the children. Mr. Creekman stated that to the extent that the neighbors are not getting notice that these things are being considered, this can be corrected administratively, but the problem remains, especially with regard to health concerns, that the cell phone providers (consistently all across America) show up with experts, to testify and establish that there is no adverse impact and that the neighbors fears are unfounded. He said their fears may be proven right, ultimately, but they are not enough to override expert testimony at this time.

Ms. Melby noted that our ordinance does have locational criteria and when an application for a cell tower comes in, staff looks at the criteria. She said they almost always make recommendations to the application and work with the cell company to choose an appropriate location. She said staff goes out in the field and looks at similar structures and makes suggestions to the applicant. She said the cell companies have been very cooperative with staff and that is why we haven't had a lot of Special Use Permits for cell towers.

Mr. Creekman stated that what Council Member Mayer is saying that he would like to see the neighbors, within so many feet, advised of the fact that there is a pending application. Council Member Mayer agreed, stating he would like to see a public process so that at least they can voice their opinion, particularly if a cell tower is going in at a school. Ms. Melby noted that the School District is now requiring that if there is an antenna going to be located on school property, every parent of a student within that school has to sign a letter. Council Member Mayer contended that there are neighbors near that school that don't have children in school and are not notified of the potential antenna location. Ms. Melby responded that staff can look at doing a notification process and see how that will fit in with their administrative process. Council Member Mayer stated he did not feel every application needed to be noticed, just those in residential areas or near schools.

Mr. Creekman suggested that the Council allow staff to take a look at our ordinance, taking into consideration the most recent cases, and bring back to the Council a revised ordinance in which staff has removed previously invalidated exercises of too much discretion; maintaining the provisions that seem to be maintainable throughout case law; and adding, in the administrative review process, some sort of notice to residents withn X number of feet.

It was noted that our ordinance was written in 1997, after the 1996 Act was passed (by former Planning Manager Rob Pyzel), before case law evolved in our region, and it goes way to far (in allowing the City discretion with regard to cell towers). Mr. Creekman

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Minutes of the Special Meeting of the Sparks City Council for November 19; 2007

asked that the Council give staff a chance to revise the ordinance and bring it back to the Council once it has been revised to meet current case law criteria.

After further discussion, the consensus of the Council was that staff would revise the City's current ordinance and bring it back to Council for consideration and possible approval.

5. Consent Items: Time: 3:35:58 p.m. A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Consent ltems 5.1 and 5.2. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

5.1 - An agenda item from Police Chief John Dotson recommending the Authorization to Accept a City Council accept the Justice Assistance Grant in the amount of Justice Assistance Grant $52,475. The Reno Police Department has submitted a joint

application to receive this funding and the City of Reno will be the fiscal agent for all financial and programmatic reporting. The funds will be used to provide training and to purchase technology/equipment that would not be possible without the use of grant funds. There is no financial impact to the City in accepting this grant.

5.2 An agenda item from Public Works Director Wayne Seidel Purchase of Two Leica recommending the City Council approve an exception to bid for Model "SmartRover" the purchase of two Leica model "SmartRovern GPS survey units GPS Survey Units from Holmans Servco Survey & Laser in the amount of $37,825.

These two units are of like kind and compatible with the four existing GPS survey units and GIs software that is currently in use by the City's GT Office. Funds are being reassigned and are available for this purchase.

6. General Business: NONE

7. Public Hearinns and Action Items Unrelated to Planning and Zoning

7.1 - Time: 3:36:35 p.m. Resolution No. 3074, An agenda item from Finance Director Tom Minton Approving the recommending the City Council approve Resolution No. 3074, a Expenditure of Sales and resolution of the City Council of the City of Sparks approving the Use Taxes Imposed and expenditure for the purposes described in NRS 360.855(3) of sales Pledged Pursuant to and use taxes imposed with regard to tangible personal property Ordinance No. 2370 sold at retail, or stored, used or otherwise consumed, in the City of

a Sparks Tourism Improvement District No. 1 (Legends at Sparks Marina) and pledged pursuant to Ordinance No. 2370.

Mr. Minton stated this resolution will enact a turbo clause for the

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Special Meeting of the Sparks C ~ t y Council for November 19. 2007

proposed STAR bond debt which will allow us to take all the sales tax received per year, above even debt service, and retain i t within the Tourist Improvement District to retire the debt early. He stated we have received the approvals from the Governor and the Commission on Tourism to do so and we have also notified the School District and the Count Commissioners; but to his knowledge we have not received any comment from them.

Council Member Schmitt asked for confirmation that all we were doing was allowing anything, up to 75943, to go to debt and retire the debt, thereby saving a lot of money in interest. Mr. Minton confirmed that yes that was correct.

I

Council Member Mayer asked if the School District and the County Commission has not bothered to respond to the notification. Mr. Minton stated that to his knowledge we have not received any written cornmefit from either body. He stated he did ~ receive an informal okay from the School District (that they were in favor of it) and he asked for a letter to confirm the comment, but he has not received one, nor has he received a letter from the County Commission.

I

City Manager Shaun Carey noted that staff made presentations to both the School District and Washoe County when we originally initiated the formation of the district at that time the School District was in favor of the use of a turbo clause. He stated that Washoe County has complied with the law in choosing not to comment. It does not require them to act, it merely gives them the opportunity to act, and their silence does comply with the law and we can go forward without with their written or verbal comments.

Mayor Martini noted that this was a public hearing item and asked if there was anyone who wished to comment regarding this

I I I

Resolution. There being no comment, the public hearing was closed. I

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve Resolution No. 3074. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 3 :4 1 :49 p.m. , An agenda item from Finance Director Tom Minton

recommending the City Council approve Resolution No. 3075, a ent resolution of the City Council of the City of Sparks authorizing the j execution and delivery of a cooperative agreement for the City of ~t Sparks Tourism Improvement District No. 1 (Legends at Sparks

Marina).

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Minutes of the Special Meeting of the Sparks City Council for November 19. 2007

MI-. Minton noted that this resolution authorizes the execution and delivery of an agreement between the City of Sparks and the Department of Taxation to, in fact, remit 75% of the sales tax collected within the district to us.

Mayor Martini noted that this was a public hearing item and asked if there was anyone who wished to comment regarding this Resolution. There being no comment, the public hearing was closed.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve Resolution No. 3075. Council Members Mayer, Salemo, Smith, Carrigan, Schrnitt, YES. Motion carried .

7.3 - Time: 3:42:57 p.m. lS'Reading of Bill No. City Clerk Linda Patterson read Bill No. 2563 by title, an 2563, An Ordinance ordinance of the City Council of the City of Sparks amending Amending Ordinance No. Ordinance No. 2370 in order to authorize the expenditure for the 2370 in Order to purposes described in NRS 360.855(3) of sales and use taxes Authorize Expenditure of imposed with regard to tangible personal property sold at retail, or

a , Sales and Use Taxes stored, used or otherwise consumed, in the City of Sparks Tourism Improvement District No. I (Legends at Sparks Marina) and pledged pursuant to Ordinance No. 2370.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of December 10,2007.

8. Planning and Zoning Public Hearings and Action Items: NONE

9.1. Time: 3:43:49 p.m. Comments from the Council Member Mayer commented that the Federal statistics on Council and City crime showed Sparks in an unfavorable light and that he felt the Manager way they calculated the statistics was not fair.

Council Member Mayer also commented that one of the Presidential Candidates has his signs (Ron Paul) up on public property (on the corner of Burgess Park) and that it might be a good idea to send them a letter regarding campaign signs and where they can or can't be located.

City Manager Carey announced vacancies on the Airport Noise Advisory Panel and one term expiring on December 31" on the Advisory Committee for the Disabled. He reviewed the steps to apply for these two positions and noted applications will be accepted until the close of business on Monday, December 3rd.

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Minutes of the Special Meeting of the Sparks City Council foi- November 19. 2007

Council Member Smith thanked everyone for all the calls and cards he received as he is recovering from his surgery. He also congratulated Council Member Schmitt in receiving a Diamond

* rating from the Nevada League of Cities. I

rnrnent Time: 3:48:41 p.m.

There being no further business, the meeting was adjourned at 3:48 p.m.

City Clerk

Mayor

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a REGULAR MEETING OF THE SPARKS CITY COUNCIL November 13,2007 3:00 p.m.

1, + Time: 3:01:38 p.m. Call to Order The regular meeting of the Sparks City Council was called to order


2. - Time: 3:01:49 p.m. Roll Call Mayor Geno Martini, City Clerk Linda Patterson, Council Members

John Mayer, Philip Salerno, Mike Carrigan, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT. Council Members Ron Smith, Ron Schrnitt, ABSENT.

Staff Present: John Dotson, Neil Krutz, Ross Soderstrom, Ben Hutchins, Wayne Seidel, Helen Elliott, David Fitzpatrick, Armando Ornelas, Joann Meacham, Stan Sherer, Kathy Clewett, Chris Cobb, Victor Villarreal, Shawn Gooch, Rob Joiner, Shirle Eiting, David Vill, Steve Driscoll, Chris Syverson, Mindy Snyder, Adam Mayberry, Andy Flock, Barbara Roth.

Invocation and Pledge of Time: 3:02:08 p.m.

a Allegiance The invocation was given by Pastor R. Scott Parker of Sparks Christian Fellowship and the Pledge of Allegiance was led by Council Member John Mayer.



Agenda Item 6.1 was pulled from the agenda, to be rescheduled for the meeting on December 10, 2007*. Items 6.2 and 6.3 were also pulled from the agenda, to be rescheduled for the meeting of November 26,2007.

A motion was made by Council Member Mayer, seconded by Council Member Camgan, to approve the agenda as amended. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schrnitt, ABSENT. Motion carried.

*This item was heard at the November 26th meeting, due to time constraints in getting the information to the Federal level.

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M~nutes of the Regular Meeting of the Sparks City Council for November 13, 2007

3 - Time: 3:04:34 p.m. Approval ofthe Minutes A motion was made by Council Member Salerno, seconded by

Council Member Mayer. to approve the Minutes of the Special Meeting of October 15, 2007, and the Regular Meeting of October 22, 2007. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schmitt, ABSENT. Motion carried.

4. Announcements, Presentations and Recognition ltems and ltems of Special Interest:

Not on the Agenda: Time: 3:05:01 p.m. Mayor Martini announced that Council Member Salerno and he were at a press conference earlier where they announced the new sponsor for the RenoITahoe Open -- RED Development with the Legends Project. He displayed a t-shirt showing the new logo for the Open: The Legends at Sparks Marina RenoITahoe Open.

4.1 Time: 3:06:30 p.m. Swearing in ofNew City City Manager Shaun Carey introduced the newly appointed City Clerk Clerk, Linda K. Patterson. Mayor Martini conducted the Oath of

Office and the Mayor and Council welcomed Ms. Patterson to her new position within the City of Sparks.

5. Consent Items: Time: 3:08:47 p.m. Consent Items 5.4 and 5.8 were pulled for discussion and separate vote.

* A motion was made by Council Member Carrigan, seconded by Council Member Salerno, to approve Consent Items 5.1 through 5.3, 5.5, 5.6, 5.7 and 5.9 through 5.12. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schmitt, ABSENT. Motion carried.

5.1 Report of Claims and Bills

5.2 - Purchase of Foxboro Distribution Control Support Agreement for TMWRF

An agenda item from Finance Director Tom Minton recommending approval of the Report of Claims and Bills approved for payment and the Appropriation Transfers made since the last regular Council Meeting for the period covering October 4, 2007 through October 24,2007.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve an exception to bid and approve the purchase of a Foxboro Distribution Control support agreement for the Truckee Meadows Water Reclamation Facility (TMWRF) in the amount of $28,775.00. This system controls the operations of TMWRF. The current system was originally installed in 1998. The Foxboro DCS has been very reliable, based, in part, by the use of a support agreement. This agreement will give staff

Page 2 of 17


5.3 Interlocal Cooperative Agreement for the FY 200812009 RTC Program of Projects Associated with the Regional Road Impact Fee, the Fuel Tax Street & Highway Program and the Sales Tax Street and Highway Program

the tools necessary to keep the DCS system functioning at an optimum level and enable them to operate the facility with additional efficiency and less down time.

An agenda item from City Engineer Pete Etchart recommending the City Council approve an interlocal cooperative agreement with the Regional Transportation Commission of Washoe County (RTC) for the FY200812009 RTC program of projects associated with the Regional Road Impact Fee (RRIF) program, the Fuel Tax Street and Highway program, and the Sales Tax Street and Highway program. Anticipated fuel tax project in Sparks include: Greg Street Phase 11; Nichols Boulevard; Rock Boulevard; Sparks Boulevard Northbound lanes; Wedekind Road; Boxington Way; Los Altos Parkway; Victorian Avenue (Pyramid to McCarran); Victorian Avenue (El Rancho to Rock). The Sales Tax program will again include the region-wide preventative maintenance program including pavement patching and slurry seal of industrial and regional roadways within the City of Sparks.

5.4 Time: 3:09:54 p.m. Approval of Second An agenda item from Civil Engineer Andrew Hummel Amendment to the recommending the City Council approve a second amendment to Agreement Regarding agreement regarding purchase of water rights by Great Basin Land

@ Purchase of Water and Water (GBLC) (A-2381) pursuant to the Truckee River Water Rights by Great Basin Quality Settlement Agreement (WQSA). This amendment provides Land and Water for the continuation of a $2,000 per month compensation and adds

an additional five years to the agreement. It also provides for exchanges of water rights and a compensation of 4% of market value to GBLW for water obtained through such exchanges.

Council Member Carrigan asked staff to review this agreement, because there are a lot of big numbers involved in this item. Public Works Director Wayne Seidel responded that Great Basin Land and Water Company is under contract to the LGOC to support us as far as appraisals and purchasing of water rights in the Fernley area and this is a continuation of their monthly contract, which supports the Water Quality Settlement Agreement. He noted that $12 million in Federal dollars as well as $12 million generated from local sewer hook up fees have been spent on water rights. He said the program is self-funded through the sewer hookup and annual sewer fees and as the program continues, water rights are harder and harder to find.

Council Member Carrigan asked what the water rights were for. Mr. Seidel noted that it was required by the Settlement Agreement for water quality downstream.

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Minutes of the Regular Meeting of the Sparks City Counc~l for November 13, 2007

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to approve Consent Item 5.4. Council

0 I I Members Mayer, Salerno, Carrigan, YES. Council Members Smith, 1

Schrnitt, ABSENT. Motion carried. i 5.5 - Amendment No. 1 with Stantec Consulting for Design and Construction Administration Services for the Pyramid WayMcCarran Sidewalk & Landscaping Enhancement Project (A-3387)

An agenda item from Capital Projects Manager Chris Cobb recommending the City Council approve an amendment to the agreement with Stantec Consulting, Inc., in the amount of $69,061 for design and construction administration services in the Pyramid Way and McCanan Boulevard Sidewalk and Landscaping Enhancement Project (A-3387; CIP #8014). Stantec was retained in May 2004 to perform the landscape architectural and civil engineering design for this project. Over the course of designing this project several events have occurred to delay the design and alter the original scope of work. Additional tasks and design time were required, including, but not limited to, new NDOT landscaping standards, utility investigation and coordination, environmental assessments, new ADA standards for Public Rights-of-way and incorporating the Pyramid Way traffic signal interconnect conduit replacement in this project. Funds were budgeted for this project and NDOT will reimburse funds up to $469,300.00 to the City for the entire project.

5.6 An agenda item from City Engineer Pete Etchart recommending the Agreement to Purchase City Council approve an agreement to purchase Victorian Light Victorian Light Poles for Poles for the Victorian Streetscape Project, Phase 1 and 2, from the Victorian Streetscape Great Basin Lighting, lnc., in the amount of $236,011. This is a Project, Phase I and I1 continuation of the Victorian Avenue revitalization improvements

that have been completed in recent years. As a portion of this project, we will be installing Victorian style street lighting to match existing street lights. Due to past problems with delivery of light poles and in an effort to maintain architectural consistency and a minimum of maintenance parts inventory, the City is requesting the sole source acquisition of these light poles. Funds were budgeted and are available for this purchase.

5.7 - An agenda item from Assistant City Manager Steve Driscoll Approval to Add Civil recommending the City Council approve adding a Civil Engineer Engineer 1/11 to the 1/11 to the employee compliment from the Sewer Enterprise Fund complement from the Working Capital. The effluent Reuse Utility has grown to the point Sewer Enterprise Fund where it needs to be addressed with dedicated personnel in order to Working Capital avoid human safety and liability issues. In July, 2007 the Council

approved adding a Public Works Inspector and a Senior Administrative Analyst. At this time the department is requesting a Civil Engineer to oversee the program and plans to fill it with an

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i Minutes of the Regular Meeting of the Sparks City Council for November 13, 2007

5.8 - Professional Services Contract for Prevailing Wage Report Review in Support of Construction of the Scheels Building at the Legends at Sparks Marina Project

internal recruitment. The cost of an additional Engineer WILL BE $151,261.

Time: 3:12:01 p.m. An agenda item from Community Development Director Neil Krutz recommending the City Council approve a professional services contract with Poggemeyer Design Group, Inc., for Prevailing Wage Report Review in the amount of $43,680.00, in support of construction of the Scheels building at the Legends at Sparks Marina Project.

Council Member Carrigan why we are hiring Poggemeyer Design Group. Mr. Krutz responded that we are hiring them to review the certified payroll reports that come out of the Sheels contractors. In as much as Sheels is benefiting from the STAR Bonds they have to pay prevailing wage to all of the contractors working on the site and we are responsible for reviewing those certified payrolls to see that the proper wages are being paid. Mr. Carrigan asked if this group would be doing the same thing for the other parts of the Legends project. Mr. Krutz said it would be his intent to bring those forward to the Council when they start building. Mr. Carrigan asked where we are getting the money to pay for this service. Mr. Krutz stated that initially we are taking i t out of the Redevelopment Area 2 budget, but they will be reimbursed from STAR Bond proceeds.

Council Member Carrigan stated that there were e-mails regarding whether or not they were paying prevailing wages and he asked if this company would answer this question for us. Mr. Krutz stated that yes, they were going to review the wage reports and also conduct random on-site interviews to make sure that the reports line up with what the workers are saying. It was confirmed that they will be a "disinterested third party review" and eliminates any questioris regarding prevailing wage.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to approve Consent Item 5.8. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schrnitt, ABSENT. Motion carried.

5.9 - An agenda item from Civil Engineer Andrew Hummel Award of Contract for recommending the City Council award to Petersen Construction the the Steneri WayISnider contract for construction of the Steneri WaylSnider Way Way Intersection Intersection Drainage Improvement Project (Bid No. 07108-010) in Drainage Improvement the amount of $123,073.50. The industrial area of sparks west of Project to Peterson McCarran Boulevard has several areas which are deficient in Construction adequate drainage facilities. This project addresses the Steneri Way

Page 5 of 17


5.10 Approval of Expanded Scope of Work for the Stanford Way Storm Sewer Study & Mitigation Storm Sewer Design (A-33 87)

5.11 Interlocal Agreement for Reimbursement of Costs for Feasibility Study and Design Relocation of the North Truckee Drain

5.12 Final Subdivision Map for Asti @ D'Andrea


and Snider Way intersection, adding drainage inlets and rebuilding the dysfunctjonal valley gutter. Fourteen contractors responded to the bid and staff is recommending the bid award go to Petersen

* Construction. ,

I

An agenda item from Civil Engineer Andrew Hummel recommending the City Council approve the expanded scope of work for the Stanford Way Storm Sewer Study and Mitigation Storm Sewer Design in the amount of $272,740 to Summit Engineering Corporation. This expanded scope adds additional alignments and a list station with overflow channel to the project. Funds are available for this project.

An agenda item from Utility Manager Joann Meacham recommending the City Council approve an Interlocal Agreement between the City of Sparks and Washoe County for reimbursement of the costs for a feasibility study and design of the relocation of the North Truckee Drain, using flood project funds (118'~ cent sales tax) in an amount not to exceed $790,000. The City has contracted with HDR, Inc., to conduct a feasibility study and public outreach process for the realignment of the North Truckee Drain. Council approved a contract for $272,600 under CIP 8090. Under this contract, the City and the consultant have conducted several stakeholder workshops and have developed three potential alignments for further study. The consultant's recommendation for a final alignment is expected by the end of November and the City will hold its final workshops under this contract and the design phase will begin. The design phase is estimated at $518,000 and will require an additional contract.

An agenda item fiom Deputy Director for Community Development John Martini recommending the City Council approve a final subdivision map for Asti @ D'Andrea. This subdivision will provide 86 lots on 27.96 acres and the developer will be Lennar Reno, LLC. Asti @ D'Andrea will be generally located east of Vista boulevard and south of North D'Andrea Parkway. The current zoning for this subdivision is PD. The maps have been checked and the appropriate fees have been paid. A subdivision bond has been filed with the City Clerk to guarantee the construction of public improvements.

6.1 - Time: 3: 14:22 p.m. Consideration of Setting An agenda item from Government Affairs Manager Rob Joiner Federal Program recommending the City Council discuss and direct staff to Priorities coordinate and support the priorities for federal fimding

Page 6 of 17


opportunities with; Nevada's federal delegation, supporting agencies, and contract legislative representatives. The City Manager and City Council have requested that a list of projects for potential federal funding be forwarded to the Council for discussion and prioritizing. The potential projects are in the areas of highways, community development and flood control, and energylenvironment. The list includes a brief description of the project and identification of all previous federal funding requests.

This item was continued to the November 26"' meeting.

6.2 - Time: 3:14:22 p.m. Designation of Members An agenda item from City Manager Shaun Carey recommending the to the "FIRST" Blue City Council discuss and provide direction andor designation of Ribbon Task Force members to the Fairness in Reno Sparks Taxes (FIRST) Blue

Ribbon Task Force. At a joint meeting of the Sparks and Reno City Councils on July 30, 2007, both councils agreed to move forward to recruit a broad-based coalition of members to serve on the FIRST Blue Ribbon Task Force for the purpose of overseeing a fiscal analysis study of the state tax structure. On September 26, the Reno City Council approved a contract with Muni Financial to provide the fiscal analysis in an amount not to exceed $60,000. The fiscal study is being done to ensure the residents are receiving services and paying for what they receive. An application process to recruit members from the community began September 20, 2007. A total of 14 people applied in Sparks; in Reno 22 people applied. A list of names is being submitted for Council consideration and possible appointment of 10 members.

This item was continued to the November 26' meeting.

6.3 Time: 3: 14:22 p.m. Presentation of Sewer An agenda item from Utility Manager Joann Meacham Rate Study recommending the City Council hear a presentation and provide

direction to staff regarding the sewer rate study, including: sanitary, storm and effluent water reuse connection fees and user rates, and environmental control permit fees. The Public Works Department Sewer Utility Division has completed financial rate studies for the sanitary, storm and effluent sewer utilities, and environmental control permit fees. Staff has also developed an effluent water reuse ordinance. Staff is seeking input and final direction from the City Council regarding the adoption of modified rates and fees and the proposed changes and additions to Title 13 of the Sparks Municipal Code.

This item was continued to the November 26' meeting.

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6.4 - Time: 3: 14:22 p.m. Ratification of Change An agenda item from Capital Projects Manager Chris Cobb Order No. 1 for the recommending the City Council ratify Change Order No. 1 to Q&D Oxford ~ a ~ / l 2 ' ~ Street Construction in the amount of $61,418.00 for the Oxford Way and Paving and Sidewalk 12th Street Paving and Sidewalk Project. This change order was to Project construct emergency improvements to deficient sanitary sewer and

storm drain facilities within the paving and sidewalk project area.

Mr. Cobb noted that during construction of the project problems arose developed with the existing sewer and storm drain facilities that required immediate repairs. The existing lines were very shallow and began to collapse, which required replacement of two sections of sewer and one section of storm drain. He noted that the inspector for the project met with the City Manager to get emergency approval to repair the utilities so that the paving process could continue.

Council Member Salerno asked if this was the area that always flooded, by Burgess Park. Council Member Mayer stated it was at the opposite end of the street, but the storm water ran toward the park.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve as outlined. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schrnitt, ABSENT. Motion carried.

6.5 - Time: 3: 17:27 p.m. Change Order No. 1 for An agenda item from Capital Projects Manager Chris Cobb the Golden Eagle recommending the City Council ratify Change Order No. 1 to Field Regional Park for Turf Tarkett for additional logos and field markings for the synthetic Synthetic Turf turf construction at the Golden Eagle Regional in the amount of

$62,000. Mr. Cobb stated this change order will add a Parks and Recreation logo to one Babe Ruth field, the premier multi-use field and football/soccer lines to the two additional multi-use fields.

Council Member Carrigan stated that he understood the City did some value engineering on this project in order to find all the money needed for the synthetic turf and he asked where the moqey was coming from for these field markings and logos. Mr. Cobb stated that most of the value engineering was through engineering design; however, in working with Finance, the amount of interest we have earned on the money we received from RED Development (approximately $200,000) has been greater than anticipated, and has allowed us to come forward with this change order and the one in

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Minutes of the Regular Meeting of the Sparks City Council for November 13,2007

the next agenda item, to add features that otherwise would not be possible.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to approve. Council Members Mayer, Salemo, Carrigan, YES. Council Members Smith, Schrnitt, ABSENT. Motion carried.

6.6 Time: 3:20:21 p.m. Change Order No. 2 for An agenda item from Capital Projects Manager Chris Cobb the Golden Eagle recommending the City Council ratify Change Order No. 2 to Q&D Regional Park Project Construction for Alternate Item A4 (Volleyball Courts) and for Volleyball Courts additional electrical conduit work at the Golden Eagle Regional in

the amount of $91,875. This change order will add four volleyball courts and stub electrical conduit to future locations for lighting.

Council Member Carrigan asked if the volleyball courts would have artificial turf. Mr. Cobb responded that no, they would not have synthetic turf; they would be sand courts.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to approve. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schrnitt, ABSENT. Motion carried.

6.7 - Time: 3:22:03 p.m. Approval ofLegal . An agenda item from Sr. Assistant City Attorney Shirle Eiting Services Agreement with recommending the City Council approve a legal services agreement Stanley H. Brown, Jr. with the Law Offices of Stanley H. Brown, Jr., Chartered for the

period of one year, with the option to extend for two additional one- year periods, for the amount of $3,790.56 per month.

Ms. Eiting noted that pursuant to Council's direction, staff prepared a Request for Quotes for legal services and received two proposals: one for Stan Brown and one from Laxalt & Nomura. A review committee was established to evaluate the proposals and interview the firms. She stated that based on Mr. Browns past performance and hourly rate (almost half that of Laxalt & Nomura), the committee is recommending the City accept Mr. Brown's proposal.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve. Council Members Mayer, Salerno, Carrigan, YES. Council- Members Smith, Schmitt, ABSENT. Motion carried.

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Minules of the Regular Meeting of the Sparks City Council for November 13; 2007


7.1 - Time: 3:24: I9 p.m. Abandonment of a An agenda item from Real Property Agent David Vill Triangular Portion of a recommending the City Council approve the abandonment of a Storm Drain, Sanitary 27.51 foot by 24.36 foot triangular portion of a storm drain, sanitary Sewer, Access and Public sewer, access and public utility easement as granted to the City of Utility Easement Sparks per Parcel Map No. 4214, as Document No. 3058667,

containing an area of 335 square feet, more or less. The abandonment is to facilitate the approved construction of a four story commercial/residential building.

Mr. Vill displayed a map of the easement to be abandoned and noted that the abandonment will have no adverse affect on the City's operations, now or in the future, and will facilitate the construction of a cornmercial/residential building on the applicant's property.

Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding this abandonment. There being no comment, the public hearing was closed.

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to approve the abandonment. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schrnitt, ABSENT. Motion carried.


8.1 - Time: 3:27:25 p.m. Public Hearing, 2nd An agenda item from Senior Planner Victor Villarreal Reading and Adoption of recommending the City Council conduct a public hearing and Bill No. 2562 approve Bill No. 2562, an Ordinance modifying the City's

requirements to provide parking in certain districts of the City; and providing other matters properly related thereto.

Mr. Villarreal stated that this ordinance will amend the portion of Sparks Municipal Code 20.49, which pertains to Parking District No. 1. He displayed a map and explained that currently under this title there exist some exemptions to the provision of parking within Parking District No. 1 in and around Victorian Square.

Mr. Villarreal said that in the summer of 2006, the Council requested the staff look into amending our ordinance to look at minimizing the probable parking supply and demand balance that would occur as we continue to see increased development in and

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Minutes of the Regular Meeting of the Sparks City Council for Novembel- 13; 2007

around Victorian Square: utilizing current surface parking lots.

He stated that currently under Chapter 20.49, hotels and casinos are required to provide just half of the parking within District No. 1 that they would be required to provide outside of the parking district. And most commercial uses fewer than 10,000 square feet in size (in the parking district) are exempt from providing any parking.

He said this amendment eliminates these exemptions and staff has also made some functional modifications to the boundary of the parking district. He noted that there was one island of property at the corner of Victorian and 19'h that will be removed from the parking district boundary. He noted that this area was added at the property owner's request in 1998 because they wanted to develop a theater, but this has not occurred. Mr. Villarreal then discussed additional boundary modifications noting that some residential properties in the current boundary will be removed from the district, since there are no exemptions to the provision of parking for residential property and therefore those properties would not benefit from the parking district.

Mr. Villarreal said that after adjusting the boundary, we are left with a parking district that contains all of the businesses and properties that utilize the exemptions that are currently allowed in Parking District No. 1. He emphasized that the way the code is amended, the existing non-conforming uses (when the exemptions are removed) will be "grandfathered" in. He explained that the grandfathering will be attached to the building, not the use. He said they did this because they did not want to penalize property owners who are leasing their space for one use, when that use might leave and a more parking intense use might come in. He said they wanted to see as high a level of building occupancy as possible and if the grandfathering were attached to the use, buildings might stay vacant because of the new parking requirements.

Council Member Mayer expressed concern that those property owners who currently have an exemption, but would lose that exemption if they expanded their building, would just sit on their buildings and not improve them.

City Manager Carey noted that in the redevelopment plan, those parcels are being looked at as needing to provide parking which is adequate for the new uses that would come in. He said all new construction that comes in will be meeting the parking standards, without an exemption. He said Phase 11, including the new City Hall, would also need to meet parking requirements. He said the

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: Regular Meeting of the Sparks City Council for November 13: 2007

exemption no longer provides a meaningful tool to encourage development as i t did when the Parking District was created, because the City will have to provide parking for those businesses with parking exemptions, which we are unable to do at this time. He said we need to ensure that as development comes forward, there is adequate parking, so we have a successful downtown.

Mr. Carey noted that we do not have sufficient surplus parking to continue offering the 10,000 square foot exemption because the parking has been taken by new development. He said parking for the future needs to allow us to work with individual property owners and build structured parking at the right time. He said we want new development to join with us in achieving the goal of balanced parking.

Council Member Mayer said that he believed that by passing this ordinance we would be hindering development, particularly of small parcels. Mr. Carey responded that in the downtown area we need to look at more of a performance zoning standard; and unfortunately this does make it more difficult for small parcels to meet our parking standards and yet achieve sufficient mass to make development economically viable. He stated that staff is recommending that we pursue the development of a performance zoning category which would give us more flexibility to work with the property owners and still achieve a balance in the parking.

Mayor Martini asked if the property owners have been consulted about this ordinance. Redevelopment Manager Armando Ornelas stated all the property owners have been noticed and in our discussions with property owners regarding Phase I1 site assembly the issue of parking has been brought up, as well as how it will have to be addressed in the development agreements. He emphasized that this ordinance will give the Agency and the City the opportunity to address parking through development agreements and how we will allocate the costs of providing the parking for that development through a negotiated process, as opposed to allowing them to develop the property by right and effectively burdening the Agency. He said with this exemption as it is currently in effect, if someone chooses to develop a building, in order to make the downtown function properly from a parking standpoint, the Agency has to absorb the responsibility and cost for ultimately providing parking. If this change is approved, then that issue will need to be addressed as part of a development agreement and we can figure out how best to allocate the parking costs through a negotiated process.

Page 12 of 17


Council Member Mayer stated if he was a property owner in downtown and the City offered to trade properties with him. but in the process he would lose the parking exemption, he would just stay where he was. He said he felt that the City was taking away a property right away from the owners.

City Manager Carey stated that the parcels that are inside the Victorian Square, where we have adopted a master plan and set up new land uses, need to be satisfactorily parked. He said the continuation of an exemption to an individual parcel that has not entered into considerations for parking in a development would leave the City with a shortfall in the necessary funding to keep a balanced parking solution. He said that over the time we have been a Redevelopment Agency, we have consumed quite a bit of the excess parking needed, to the point where the 10,000 square foot exemption does not lead to a favorable development outcome. He said parking is such a critical part of a successful project, so for the parcels that are along the plaza area, we are trying to put a parking solution in place that allows us to assemble the various needs in Phases I, 11, and I1 and do that in a cost effective manner than would not overburden the City's ability to provide a solution at this late age in the Agency's life.

Council Member Mayer said he felt that taking away the exemption was adding a burden to the property owner to provide parking. Mr. Carey stated that the cost per parking space in structured parking is in the $15,000 to $18,000 range, so it is important to have the ability to negotiate with property owners seeking development. He said surface parking can be a solution in the $3,000 to $5,000 range and the Agency has to explore additional efforts to supply surface parking. But in Phase I1 and 111 of Victorian Square, this is a big point: to manage the uses and development of square footages in a way that we can deliver a cost effective parking solution. He said if we continue with a 10,000 square foot exemption on an individual parcel basis, it was his belief that the cost would outstretch the ability for the City to provide a parking solution.

Mr. Carey further stated that it has been born out in the parking analysis that we have done; that we are not in a position, as a community, to absorb the costs of additional parking generated by the 10,000 square foot exemption. He said that was an important tool in the earlier years of the Agency, to spur development and we built two structured parking garages. However, we are at a critical point where we are trying to balance future land use and development decisions against the cost of parking and we believe taking away the automatic exemption and pushing it to something

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that is negotiated in a development agreement provides the lowest cost solution for all parties. He said the fact that you have a 10,000 square foot exemption won't do you a lot of good if there isn't real parking.

Mr. Carey stated that with the construction that we have initiated in downtown Sparks, we have seen the affect of the loss of parking to some of the businesses that have built all the way to their property lines and are not providing parking. He said from a business perspective they are going to gain by having access to an overall parking solution.

Council Member Mayer responded he was not convinced that this ordinance was a good thing and that i t provided no incentive to the existing exempted properties to participate in the redevelopment plan because they could lose their exceptions if they move or expand their businesses.

Mr. Ornelas commented that to the extent that we allow the existing exemption to remain, we are creating an unlevel playing field because any project with square footage in excess of the 10,000 is going to have to bear the cost of parking for the exempted properties along with the Agency. However, we can provide a relatively equitable treatment of the various property owners and possibly partially subsidize parking through development agreements as the property owners come forward with new development.

Council Member Carrigan noted that listed on Pages 1 and 2 of the proposed ordinance are types of use and parking spaces required and he asked if this is in alignment with parking requirements in other parts of the City and if the ordinance would apply to public facilities, because public facilities was not on the list. He said if we are going to build City Hall down town, how many parking spaces would the City be required to provide. Mr. Ornelas agreed that public facility was not one of the uses on the list, but that the new City Hall would probably be developed under the standards for office buildings of 1 space per 250 square feet of floor space. Mr. Carrigan said since we were planning to build a new City Hall in the downtown and he felt that public facility parking requirements should be specifically listed in the ordinance.

Council Member Salerno asked if staff has discussed the parking changes with the businesses in the down town and if each of those affected are aware of exactly what this ordinance will do to their future plans. Mr. Ornelas stated that to the extent that the agency is actively negotiating with some of the property owners in the down

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Minutes of the Regular Meeting of the Sparks City Council for November 13; 2007

town area, staff has spoken about the need to negotiate the parking requirements and they are aware of the significance of the change; but he could not speak as to the other property owners he has not negotiated with.

Mr. Villarreal said that in addressing Mr. Carrigan's request to add public facility to the ordinance to address the City Hall issue, there may be other uses that need to be added; therefore, staff is suggesting that this proposed ordinance be revised and taken back to the Planning Commission. He stated they could possibly ha've it back before the Council at the January 22, 2008 meeting. Mayor Martini asked if this delay would cause any delay in development. He was assured that it would not.

Council Member Mayer said he would like to make a motion that we revert this back to the Planning Commission and that all the property owners in this parking district be notified, even if it is a little vacant lot behind the brewery that has a chain link fence around it: so that everybody knows about it. Mr. Villarreal pointed out that this ordinance does not require property owners to be noticed, but that staff did send a courtesy notice to all property owners in the existing district boundaries regarding the proposed changes. He said staff did not receive any comments, either by phone or in writing, from any of the property owners; however, at the request of Council, staff would sent out a second notification.


, A Motion was made by Council Member Mayer, seconded by Council Member Salerno, to remand this back to the Planning Commission, with the caveat that all the property owners in this parking district be notified [regarding the ordinance] so that everyone knows about it. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schmitt, ABSENT. Motion carried.

6 . General Business (Continued):

6.8 - Time: 4:02:48 p.m. Motion to conduct a City Manager Shaun Carey noted that under this item, it would be at Closed Labor Relations the pleasure of the Council to decide whether they wished to discuss Proceeding (Closed per any of the matters in item 6.9 behind closed doors. At the present * NRS 288.220) time staff is not aware of any issues. Council declined to hold a

closed door session.

Page 15 of 17


Time: 4:03: 16 p.m. year An agenda item from Assistant City Manager Steve Driscoll ith recommending the City Council approve a multi-year labor

agreement between the City of Sparks and the Association of Sparks lent Fire Department Classified Chief Officers. icers

Mr. Driscoll noted that this staff report contained the details of the changes that were negotiated over a long period of time. He said there is nothing in this agreement that is of any significant difference from any of the other currently negotiated agreements. He stated there was one issue between the strike-out copy and the final copy in the details, under the education allowance. It was intended to be retroactive back to July of 2006, but for some reason when the strike-out copy was transferred over to the final agreement, the language was left out. He said staff has made this correction and some other typographical errors.

Council Member Carrigan asked for clarification that this contract is not any different from the other labor contracts that the Council approved. Mr. Driscoll responded that there are elements in this contract that are similar to others, but each contract has its own individuality. He confirmed that there are no new benefits and the COLA and educational allowances, etc. are very similar to the other labor agreements. He said in some instances the percentages may be higher or lower, but the premises are no different that the other seven labor agreements.

Council Member Mayer said he would like to move for approval of this item, however, in his motion he would also like to direct the City Manager to somehow negotiate or get with Chief Clewell, who just retired, and doesn't have the same benefits that other Chief Officers will get under this agreement, to obtain a likewise clause for Chief Clewell.

Council Member Carrigan asked if he meant for the caveat to be brought back to the Council for a vote. Council Member Mayer stated that yes, once staff negotiated with Chief Clewell, it will come back to the Council.

A Motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve the labor agreement as outlined, with the caveat above. Council Members Mayer, Salerno, Carrigan, YES. Council Members Smith, Schrnitt, ABSENT. Motion carried.

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Minutes of the Regular Meeting of the Sparks City Council for November 13: 2007

9. Time: 4:07:01 p.m. 0 Comments from the Council Member Mayer commented that an opinion in the Council and City newspaper regarding an apartment house and the Golden Eagle Park Manager did not contained the correct facts and he requested that the City

write a letter to the editor of the Tribune to show the corrects facts on this issue.

Council Member Mayer noted that he had call expressing concern about a "Dotty's Casino" that was going in at the corner of Los Altos and Sparks Boulevard. He asked for a report from staff regarding this development.

10. Adjournment


Mayor

• City Clerk

Page 17 of 17

a REGULAR MEETING OF THE SPARKS CITY COUNCIL October 22,2007 3:00 p.m.



2. - Time: 3:04:11 p.m. Roll Call Mayor Geno Martini, Acting City Clerk Helen Elliott, Council

Members John Mayer, Philip Salerno, Mike Carrigan, Ron Schrnitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT. Council Member Ron Smith, ABSENT.

Staff Present: Marc De La Torre, Jolm Dotson, Robin Pagni, Adam Mayberry, Mark Finch, Joann Meacharn, Andy Flock, Steve Driscoll, Rob Joiner, Jason Dukes, George Graham, Kathy Clewett, Susan Fairfield, Joyce Farley, John Martini, Dave Vill, Armando Ornelas, Randy Mellinger, Pete Etchart, Tom Minton, Neil Krutz, Wayne Seidel, Margaret Powell, Karen Todd and Carrie Brooks.

Invocation and Pledge of Time: 3:04:29 p.m. Allegiance There was no invocation and the Pledge of Allegiance was led by

Mr. Ty Cobb.

Comments from the Time: 3:05:07 p.m. Public Mrs. Shirley Bertschinger, 832 Olancha Court, spoke regarding

comments made by the City Attorney in response to her comments at the last meeting. Mr. Adarns made a brief response to Mrs. Bertschinger's comments.


A motion was made by Council Member Salerno, seconded by Council Member Schrnitt, to approve the agenda as posted. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

3. - Time: 3:09: 18 p.m. Approval of the Minutes A motion was made by Council Member Salerno, seconded by

Council Member Mayer, to approve the Minutes of the Regular Meeting of October 8, 2007. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.

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Minutes of the Regular Meeting of the Sparks City Council for October 22, 2007

4. Announcements, Presentations and Recognition Items and Items of Special Interest: None

5. Consent Items: Time: 3:09:51 p.m. A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve Consent Items 5.1 through 5.3. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.


Meeting for the period covering September 20, 2007 through October 3,2007.

5.2 Professional Consulting Services Contract for Construction Administration and Survey Construction Staking Services for the Victorian Avenue Streetscape Project, Phases 1 and I1

5.3 Technical Services for the Conceptual Plan and Feasibility of Recreational Improvements to the Truckee River


An agenda item from City Engineer Pete Etchart recommending the City Council approve a professional consulting services contract for the Construction Administration and Survey Construction Staking Services for the Federally Funded Victorian Avenue Streetscape Project Phase I & I1 to TRC, in the amount of $53,520. In conjunction with Federal and local funding the City of Sparks is beautifying the sidewalks, landscaping and lighting on Victorian Avenue. Federal funding has been approved for 200712008 to continue the project. Phase I and Phase I1 encompass Victorian Avenue from Rock Boulevard west to 2 1 Street. This contract will provide construction administration and surveying services through the course of construction.

An agenda item from Civil Engineer Andrew Hummel recommending the City Council approve a proposal for Technical Services for the Conceptual Plan and Feasibility of Recreational Improvements to the Truckee River through the City of Sparks to Fluid Concepts in the amount of $48,500. The City is in possession of multiple properties along the Truckee River, which are at various levels of improvement and use. Numerous projects are in play which may impact the future use of these properties. Fluid Concepts is proposing to identify these properties, known local and regional projects which may provide an impact, and determine potential uses to increase the use and benefit of these properties for public good.

6.1 Time: 3:10:33 p.m. Grant from Target Stores An agenda item from Police Chief John Dotson recommending the to the Sparks Police City Council accept a grant of $1,000 from Target stores to assist Department the Department's VASC (Volunteers Assisting Sparks Community)


6.2 Donation from Radio Station 92.9 "The Bandit" to the Sparks Police Department

6.3 Appointment to the Truckee River Fund Advisory Committee

program. With approximately 90 members, the volunteers assist the Police Department in a wide range of activities, such as: handicapped parking enforcement, records imaging and traffic surveys. The Grant monies will help continue to expand this program.

Deputy Chief Pagni noted that the Police Department submitted for a grant through Target Stores to assist in community programs and was awarded a $1,000 grant to assist with their VASC program.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to accept the grant. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 3: 11 :59 p.m. An agenda item from Police Chief John Dotson recommending the City Council accept a donation of $728 from Radio Station 92.9 "The Bandit". For the second year this radio station returned to the Sparks Police Department on September 1 l th and conducted a live radio broadcast to honor the events that occurred on September 1 lth, 2001, as well as recognizing public safety in the City of Sparks. A number of local businesses participated and American flags were offered to the public and donations accepted on behalf of the Sparks Police Department and Sparks Firefighters Association. A total of $1,456 was collected, which was equally divided between the Police and Fire Fighters.

Deputy Chief Pagni welcomed the Disc Jockeys from the radio station, who presented the Council with mock checks for the Police and Fire Fighters.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to accept the donation. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 3:16:37 p.m. An agenda item from City Manager Shaun Carey recommending the City Council approve the appointment of Jason Dukes to the Truckee River Fund Advisory Committee. This committee was established by TMWA (Truckee Meadows Water Authority) to review proposals and make recommendations regarding the appropriation of River Fund money to river projects and enhancements which will benefit the river and TMWA customers. Capital Projects Manager Chris Cobb is one of Sparks7 appointees to this committee; however, due to his work load, Mr. Cobb has

Page 3 of 14


6.4 Legislative Affairs Report

6.5 Designation of a Member to Serve as Liaison to the Washoe County Schools Construction and Revitalization Advisory Committee

requested that Civil Engineer Jason Dukes be appointed to the committee in his place. Mr. Dukes has technical knowledge in the fields of engineering and natural resources sciences and has

0 attended recent committee meetings.

A motion was made by Council Member Carrigan. seconded by Council Member Mayer, to approve the appointment of Jason Dukes to the Truckee River Fund Advisory Committee. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 3:17:03 p.m. Government Affairs Manager Rob Joiner outlined the Federal priorities for funding requests for fiscal year 08/09, per the staff report. He also noted that we are still waiting for final dispensation from Congress on our 07/08 funding appropriations.

It was clarified that the Interstate 80 at Vista Boulevard and the Interstate 80 at McCarran interchange projects have been split into two projects with individual priorities.

Council Member Mayer requested that we also focus our lobby efforts for reauthorization of the Safety Lou program in conjunction with our other legislation. Mr. Joiner said he would include this in our lobby platform.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to adopt the Federal Project List of Priorities for Fiscal Year 2009, with the caveat that during the platform discussion Safety Lou gets first priority. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 3:32: 14 p.m. An agenda item from Citizen Services Coordinator Marc De La Torre recommending the City Council appoint a member of the Sparks City Council to designate a member to attend meetings of the Washoe County Schools Construction and Revitalization Advisory Committee and communicate cognate issues back to the remainder of the City Council. The 2007 Nevada Legislature (Senate Bill 154) created this committee; however, neither elected local government nor City staff were included by the Legislature for membership on this committee. Since the main purpose of this committee is to explore the exemption from taxes on transfers of real property and consideration of imposition of additional taxes to fund capital projects for the school district, the City needs a way to discuss potential impacts on Sparks that may result from action

Page 4 of 14


taken from the recommendations made by this advisory committee

Mr. De La Torre stated staff is recommending that the Council appoint a member to attend these meetings. Mayor Martini asked what the time commitment would be for the meetings. Mr. De La Torre said at this time they are meeting once a month and the next meeting is Thursday November 1 5th at Sparks High. He said that according to SB155, they are mandated to report to the Washoe County School Board by May of 2008.

Council Member Carrigan asked if we would be "party crashers" because we were not included in the legislation. Mr. De La Torre noted that Washoe County has designated Commissioner Kitty John to attend these meetings and the City of Reno has designated Council Member Jessica Sfrazza.

Council Member Mayer volunteered to attend these meetings.

City Manager Carey noted that along with the representation from Reno and Washoe County, Mr. De La Torre could continue to attend these meeting and provide updates to the Council, so the Council does not have to designate someone; however, they wanted to give the Council an opportunity to participate if they desired. It was noted that Mr. De La Torre would continue to attend the meetings, regardless.

Council Member Mayer commented that we should have a representative at these meetings, even though we may not have much opportunity for input, at least our presence would be felt.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to designate Council Member John Mayer as the liaison for these meetings. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

6.6 - Time: 3:37:03 p.m. Bid Award for the An agenda item from Civil Engineer Ross Soderstrom Pyramid WayiMcCarran recommending the City Council award to Q&D Construction the bid Boulevard Sidewalk and (No. 07108-006) for the Pyramid WayIMcCarran Boulevard Landscaping Sidewalk and Landscaping Enhancement Project in the amount of Enhancement Project $554,410.55. In September of 2003, the City entered into an

Interlocal Cooperative (Stewardship) Agreement with the Nevada Department of Transportation (NDOT) to design and construct sidewalks and landscaping improvements along the eastern shoulders of Pyramid Way and McCarran Boulevard. This is actually two stewardship projects which were combined under one

Page 5 of 14


interlocal agreement. Grant moneys from the Federal Highway Administration will provide $469,300 of the funding and the remainder of the funding will be provided by the City of Sparks.

City Engineer Pete Etchart noted that this item and the following item are project awards for two NDOT Stewardship Enhancement projects. The first one is for construction of sidewalk on McCarran Boulevard from Prater to north of York Way and also on Pyramid Way from Richards Way to Roberta Lane, both on the east side of the street. He noted that we had very competitive bids with Q&D being the lowest bidder.

Council Member Carrigan asked for the record whether most of these costs were reimbursable from NDOT. Mr. Etchart confirmed that $469,300 will be reimbursed from Federal funds through NDOT, after the project is completed.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to award to Q&D Construction the bid for the Pyramid WayIMcCarran Boulevard Sidewalk and Landscaping Enhancement Project in the amount of $554,410.55. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.

6.7 Time: 3:39:03 p.m. z d Award of the West An agenda item from City Engineer Pete Etchart recommending the Victorian Avenue City Council award to Anchor Concrete the bid (No. 07/08-007) for Streetscape Project the Federally Funded West Victorian avenue Streetscape Project,

Phase I and Phase 11, in the amount of $1,101,882. In conjunction with Federal and local funding, the City is beautifying the sidewalks, landscaping, and lighting on Victorian Avenue. Funding has been approved to continue this project from Rock Boulevard west to 2ISt Street.

Mr. Etchart said this was the second enhancement and it is the last portion of streetscape improvements on Victorian, between Pyramid Way and El Rancho Boulevard. He noted that the project includes sidewalk improvements, accessibility improvements, street lighting and landscaping. He said there was also very competitive bidding on this project, with the low bidder being Anchor Concrete. He noted that some of the financial data did not get into the staff report and noted that we have a CIP budget of $1.6 million, with the total cost of the project being $1.459 million and about $1.1 5 million being reimbursed from NDOT.

Mr. Etchart noted that the road project for Victorian Avenue for that section of the roadway is scheduled by RTC for construction in the

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spring of 2009, so after that project is completed we will have a brand new street.

Council Member Mayer requested that the City send a letter to Susan thanking her for revising and speeding up the stewardship program progress. Mr. Etchart mentioned other RTC staff and noted that they have been working with staff to move these projects along.

Council Member Schmitt asked if these projects would start right away. Mr. Etchart responded that the pre-construction meetings will take place in the next couple of weeks and both projects should be underway within the next month. He said this is great winter- time work and the best time to bid concrete projects is in the winter months.

A motion was made by Council Member Mayer, seconded by Council Member Schrnitt, to award to Anchor Concrete the bid for the Federally Funded West Victorian avenue Streetscape Project, Phase I and Phase 11, in the amount of $1,101,882. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 3 : 4 3 : 3 3 p.m. Authorization for the An agenda item from Finance Director Tom Minton recommending Finance Director to the City Council authorize the Finance Director to enter into Enter Into Negotiations negotiations with a software vendor for replacement of the current with a Software Vendor financial system for the City of Sparks. Staff is requesting for the Financial System permission to engage in contract negotiations with Agresso and/or Replacement Eden for the acquisition and implementation of an Enterprise

Resource Planning (ERP) system. Software license, hardware, implementation, conversion, training and consulting not to exceed a cost of $657,000. Additional expenditures may be needed to accommodate full functionality through additional modules or other software purchases. Such proposed expenditures will be brought back to the Council if they exceed the approved $657,000.

Mr. Minton noted that after a great deal of work by the implementation team, led by Susan Fairfield, we are ready to negotiate the purchase of a new financial system. He said they conducted a number of site visits to check out each system under consideration and have provisionally chose Agresso as our vendor.

Council Member Carrigan asked if this system is a replacement for the defunct GEMS system. Mr. Minton responded that GEMS had represented that their system would do certain things that it just wouldn't do and the City did reach a settlement with this company.

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He emphasized that this system has been extensively researched and they feel confident that it will be a good system for the City.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to authorize the Finance Director to enter into negotiations with a software vendor for replacement of the current financial system. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.

6.9 Time: 3:46:30 p.m. Resolution No. 3073, An agenda item from Housing Specialist George Graham Supporting American recommending the City Council approve Resolution No. 3073, a Ready Mix Application resolution approving the Director findings of American Ready Mix, for State Industrial Inc., application for issuance of Industrial Development Revenue Revenue Bonds Bonds for a project located in the City of Sparks, Washoe County,

Nevada.

Council Member Mayer asked if the public had access to late agenda items. Mr. Carey responded that yes, the City Clerk's Office makes late agenda items available to anyone who requests a copy. He noted that in this case the staff report was late because we received very late notice from the State of Nevada and this was pushed through so we did not miss the deadline for the State's action on this.

Mr. Graham noted that this resolution approves the Director's findings 1 through 8 of American Ready Mix's, application for issuance of State Industrial Development ~ e v e n u e Bonds (IDRB) to be used towards financing construction of concrete manufacturing plant facilities and purchase of equipment for their facility on Greg Street.

Council Member Carrigan asked why, if these funds are coming from the State, does it have to be approved by the City. Mr. Graham responded that the State likes to see local jurisdiction input and approval. Mr. Carrigan said he wanted to make it clear that the funds are coming from the State and not the City.

Mayor Martini asked if all the permits for this project have been approved. Planning Manager Margaret Powell clarified that American Ready Mix has already gone through a special use permit and has received a number of building permits; however, in reviewing the application, they have a couple more permits to obtain, but the project is well on its way though the permitting and community development process.

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Mayor Martini asked what influence we had to ensure that this was a prevailing wage project. Ms. Powell said she has not dealt that much with industrial development revenue bonds because it is a function of the State, so she would have to defer to their requirements. City Attorney Adams noted that the City's involvement in this is minimal: first the State wants to ensure that the City approves the issuance of bond; secondly the City is involved in that we have assured that the project meets our zoning requirements. However, because of our un-involvement, he did not believe we can require prevailing wage; however, the State could require this. Ms. Powell noted that there is another public hearing on the State level on November 1 3th, for those that are interested in the prevailing wage issue.

Council Member Salerno noted that American Ready Mix is already operating out of the 1475 Greg Street site. Ms. Powell noted that some of the funding is a reimbursement for costs they have already incurred and some is for additional plant expansion.

Ms. Stephanie Sharp, counsel for the State, stated they are aware that some work has been started and some of what remains to be done is the acquisition of additional equipment to increase their manufacturing capacity.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve Resolution No. 3073. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

6.10 Time: 3:58:13 p.m. Direction to Initiate An agenda item from Senior Planner Victor Villarreal Amendments to the recommending the City Council discuss and provide direction to SMC to Add Clarifying staff to initiate amendments to the Sparks Municipal Code (SMC) to Language Regarding add clarifying language and guidelines regarding permitting and Accessory Structures construction of accessory structures and matters pertaining thereto.

Planning Manager Margaret Powell noted that Mr. Villarreal was attending another meeting and so she would present this item. She stated that this past Summer there was a public comment and staff was directed to look at that request. She stated that when staff looked at our accessory structure regulations, they were found in many different locations throughout the code and felt that this would be an opportunity to make it easier for staff, as well as the customer, to understand what set backs apply, where, and when. She stated staff is therefore requesting authorization to initiate amendments to the Municipal Code.

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Minutes of the Regular Meeting of the Sparks City Council for October 22,2007

Council Member Carrigan asked if staff would regulate the height of structures. Ms. Powell stated that is one of the discussions that staff will bring forward and their intent is to have specific regulations

* that say, if this is where you want to build it, these are the rules. She noted that staff would address additions to buildings as well as stand-alone structures and two-story vs. one story structures.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to direct staff to initiate amendments to the Sparks Municipal Code (SMC) to add clarifying language and guidelines regarding permitting and construction of accessory structures and matters pertaining thereto. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.

6.4 Time: 4:O 1 :22 p.m. lS' Reading of Bill No. Acting City Clerk Helen Elliott read Bill No. 2562 by title, an 2562, CA-2-07, ordinance modifying the City's requirements to provide parking in Modifying the City's certain districts of the City; and providing other matters properly Requirements to Provide related thereto. Parking in Certain Districts of the City Mayor Martini announced that the public hearing and second

reading of this bill would be conducted at the Regular City Council Meeting of November 13,2007.


7.1 Time: 4:01:58 p.m. Public Hearing on An agenda item from Real Property Agent David Vill Abandonment of a Strip recommending the City Council conduct a public hearing and of Land Originally approve the abandonment of a strip of land 0.63 feet by 58 feet Granted as a Storm originally granted to the City as a 15 foot storm drain easement, as Drain Easement shown in Parcel Map No. 4616 (APN: 402-020-29), containing an

area of 36 square feet, more or less.

Mr. Vill displayed a map and noted that the property is located east of Vista Boulevard and just north of North D'Andrea Parkway in a commercial development. He stated that due to an engineering error, a building was built 0.63 feet into the storm drain easement. He stated that the abandonment of the 36 square feet will have no affect on the City's operation now, or in the future and this will eliminate a trespass situation. Mr. Vill explained that the developer had two engineering firms, one did the property survey and one did the survey construction and their data did not match; therefore when the building was constructed, it encroached on the storm drain easement just a bit.

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In response to concerns from Council, it was clarified that the storm drain is located in the middle of the original 15 foot easement and the small portion on one side will not hinder the City should work need to be performed on the storm drain in the near or distant future.


A Motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve the abandonment as outlined. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

7.2 Time: 4:08:24 p.m. Public Hearing on An agenda item from Real Property Agent David Vill Abandonment of a Strip recommending the City Council conduct a public hearing and of Land Originally approve the abandonment of a strip of land 20 feet by 305 feet Known as the Regional formerly known as the regional Trail Easement (formerly APN: 528- Trail Easement 010-13), as shown on Parcel Map No. 4089, containing an area of

6,107.00 square feet, more or less.

Mr. Vill displayed a Sparks Regional Trail map which showed the original trail. He noted this was in the vicinity of the Silverton Shores Park. Mr. Vill stated this easement is no longer required for the Regional Trail, which is now located to the east of this property. He said the owner of the property has requested that the 6,100 square feet be vacated and that the pubIic rights be relinquished by the City. He said he did not believe that this abandonment would have any affect on City operations and it is an unnecessary encumbrance on the applicant's property.


A Motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve the abandonment as outlined. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.


8.1 - Time: 4: 1 1 : 13 p.m. 2" Reading and An agenda item from Community Development Director Neil Krutz Adoption of Bill No. recommending the City Council conduct a public hearing and 2560, CA-7-07, approve Bill No. 2560 by title, an ordinance modifying the elevation

Page 1 1 of 14

le Regular Meeting of the Sparks City Council for October 22, 2007

5.1 1 requirements for lowest flood elevations in certain areas of the City tion of Sparks and modifying the City's floodplain variance approval rtain procedure; and providing other matters properly related thereto.

Mr. Krutz provided a history of this amendment, stating our current flood plain management ordinance requires that any development within the regulatory flood plain be constructed so that the finished floor and adjacent finish grades around those finished floors are one foot above what FEMA determines to be the base flood elevation. He said we have been operating under this rule for quite a while. However, we worked cooperatively with David Dahl in the Marina area, starting in the late 9OYs, to try and remove the Marina area from the regulatory flood plain and we received approval from FEMA in July 2005 to do just that. So, after July 2005, buildings in the Marina no longer had to meet that requirement.

Mr. Krutz stated that we learned in May of this year that they were going through a digital re-mapping process and they were considering placing the Marina area back into the regulatory flood plan or special flood hazard area. He said that much of that occurred after the physical improvements were installed, the professional staff is of the opinion that if FEMA does put that area back in the regulatory flood plain, that additional foot above the base flood elevation would no longer be necessary and that is the basis of this code amendment; that finished floors and the adjacent grades would only be elevated to what FEMA determines is the base flood elevation.

He said the second half of the code amendment, which is really a streamlining effort, deals with how variances for flood wake development are handled. He said at this time the variance process, as it is described in Title 15, also references the variance findings that are found in the planning and zoning, Section 20.16. He said that they have learned that the tie back to 20.16 is repetitive and adds time and complexity to the process and for which neither the City nor the applicants receive any benefit. Therefore, staff is asking that the reference to Title 20.16 be removed so the variances can be handled more expeditiously.

Council Member Carrigan asked if the variances would still come to the City Council. Mr. Krutz said yes, they would.


A Motion was made by Council Member Salerno, seconded by

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Council Member Mayer, to approve Bill No. 2560 (Ordinance No. 2378), as outlined by staff. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.

8.2 Time: 4: 15:39 p.m. 2nd Reading and An agenda item from Deputy Director for Community Development Adoption of Bill No. John Martini recommending the City Council conduct a public 2561, CA-8-07, hearing and approve Bill No. 2561, an ordinance amending Chapter Amending Chapter 12.44 12.44 of the Sparks Municipal Code (SMC) by amending provisions by Changing Provisions relating to the Regional Road Impact Fee by incorporating a Relating to the Regional reference to the Regional Road Impact Fee System General Road Impact Fee Administrative Manual and incorporating and adopting changes to

the Regional Road Impact Fee Capital Improvement Plan approved by the Regional Transportation Commission on June 15, 2007; and providing for other matters properly related thereto.

Mr. Martini noted this bill included amendments to Title 12 of the Sparks Municipal code to change the amount of the Regional Road Impact Fees. He noted that we operate under an interlocal cooperative agreement with the City of Reno, Washoe County and the Regional Transportation Commission (RTC) for the Regional Road Impact Fee System. He said within that agreement the RTC is tasked to periodically look into the fee program and suggest any changes that are needed to the RTC Board. The Board then recommends those changes to the other entities and those changes are outlined in the staff report. He said with the help of the City Attorney's office, staff is proposing amendments to Title 12 to include those changes.

Mr. Martini stated the three things that this amendment covers are: an update to the General Administrative Manual; updates to the Capital Improvements Plan; and the increases in the Regional Road Impact Fees, as directed by the RTC Board.

Mr. Martini said that he sits on the RRIF Technical Advisory Committee (TAC) and they have worked with the Development Committee on what those fees needed to be and the RTC went through that analysis and the proposed fee increases were very large; 200% to 300% in most cases. He said the TAC was split on which way to go on two proposals: one was to go with the fees as shown by the RTC staff and the other was to only go with 50% increases. He said that since the TAC can not make a recommendation to the Board, the board heard all the alternatives and decided to go with a 50% across the board increase in the fees and asked the RTC to spend the next 12 months looking into the fees further and to come back with more recommendations.

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Mr. Martini noted that the staff report includes the notes from the meeting, a copy of the General Administrative Manual, the Capital Improvements Plan, and Table 12 which shows the fee increases.


A Motion was made by Council Member Salerno, seconded by Council Member Schmitt, to approve Bill No. 2561 (Ordinance No. 2379), Regional Road Impact Fees, an ordinance amending Chapter 12.44 of the Sparks Municipal Code. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

9. - Time: 4:22:02 p.m. Comments from the Council Member Schmitt thanked the staff who were involved in the Council and City Youth Academy held last Friday. Manager

Council Member Mayer commented on the hiring freeze and the need to fill a position in IT since an employee from that department was transferred to the Police Department, leaving IT short-handed.

10. Time: 4:22:59 p.m. Adjournment There being no further business, the meeting was adjourned at 4:22

City Clerk >>>

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SPECIAL MEETING OF THE SPARKS CITY COUNCTL October 15, 2007 3:00 p.m.

Time: 3:04: 12 p.m. Call to Order The special meeting of the Sparks City Council was called to order


2. - Roll Call

Time: 3:04: 18 p.m. Mayor Geno Martini, Acting City Clerk Helen Elliott, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT.

Staff Present: Karen Caterino, Marc DeLaTone, Bill Finley, Steve Fiore, Neil Krutz, Adam Mayberry, Tom Minton, Robin Pagni, and Carrie Brooks.

Pledge of Allegiance Time: 3:04:38 p.m. The Pledge of Allegiance was led by Former State Senator Len Nevin.



Council Member Mayer requested that item 6.4 be moved to the front of the General Business items.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the agenda as amended.

, Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. Time: 3:06:24 p.m. Approval of the Minutes None.

4. Announcements, Presentations and Reco~nition Items and Items of Special Interest:

4.1 - Time: 3 :06:24 p.m. Proclamation - Clarence Mayor Martini read a proclamation naming October 16, 2007 as A. "Red" Nevin's looth Red Nevin Day in recognition of Mr. Nevin's looth ~ i r t h d a ~ .

a Birthday Numerous friends and relatives were present to witness the proclamation being read and a birthday cake presented to Mr.

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Minutes of the Special Meeting of the Sparks City Council for October 15> 2007

Nevin from the City of Sparks in recognition of Sparks' oldest citizen. Pam Matteoni from Senator John Ensign's Office and Katie Pace from Congressman Dean Heller's Office also made presentations to Mr. Nevin. After the presentations, a recess was called to allow Mr. Nevin to receive congratulations from the Council and the many relatives and friends in attendance.

4.2 Time: 3:21:50 p.m. Proclamation - ONE City Council Member Ron Smith read a proclamation naming Sparks as

a ONE City as part of the campaign to make poverty history and rally Americans ONE by ONE, to fight extreme poverty and preventable disease globally. The proclamation was accepted by Molly Conklin, an ambassador for the ONE Campaign.

5. Consent Items: Time: 3:23:47 p.m. A motion was made by Council Member Smith, seconded by Council Member Schrnitt, to approve Consent Items 5.1 and 5.2. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

5.1 An agenda item from City Surveyor Andy Fuller recommending Reversion to Acreage the City Council approve a reversion to acreage map for the Map for Miercort Family Miercort Family Trust for property located at 7325 and 7333 Trust Silver King Drive. The reversion is to eliminate the common lot

line between said parcels to facilitate proposed development of the subject property. The map has been checked and found to be acceptable and the appropriate fees have been paid.

5.2 An agenda item from Public Works Director Wayne Seidel Professional Engineering recommending the City Council approve professional engineering Services for the Raw services with Jensen Engineering, Inc., of Reno, for engineering of Sewage Pump Variable replacement of the Raw Sewage Pump Variable Frequency Drives Frequency Drives at at the Truckee Meadows Water Reclamation Facility. The existing TMWRF drives are approximately 15 years old and failure of the drive

components is becoming more frequent, with replacement parts becoming difficult to obtain. Jensen Engineering has agreed to provide the engineering necessary for the replacement of this equipment in the amount of $48,000.


6.1 Time: 3:48:28 p.m. Resolution No. 307 1, An agenda item from Finance Director Tom Minton Concerning a Tax recommending that the City Council approve Resolution No. 307 1, Increment Area with a resolution concerning a proposed Tax Increment Area and Kiley Ranch approving the form of a deposit agreement, with Kiley Ranch Communities Communities.

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Minutes of the Special Meeting of the Sparks City Council for October 15, 2007

Mr. Minton explained that the NRS allows the City to form a Tax Increment Area within the City to provide for the construction. acquisition, or furnishing of certain public improvements. Kiley Ranch Communities has requested that the City conduct proceedings pursuant to NRS278C' to form a Tax Increment Area. The Finance Director has established the amount of a deposit ($100,000) necessary to pay the initial costs and expenses associated with determining the viability of creating the Tax Increment Area and issuing bonds. The Developer, Kiley Ranch, has agreed to provide the required deposit as outlined in the deposit and reimbursement agreement. Staff is recommending that the City Council adopt the resolution and approve the deposit agreement as presented by staff.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to adopt Resolution No. 3071 and approve the deposit agreement with Kiley Ranch Communities. Council Members Mayer, Salemo, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.2 Time: 3:50:41 p.m. Resolution No. 3072, An agenda item from Finance Director Tom Minton Directing the City's recommending that the City Council approve Resolution No. 3072, Engineer to Prepare a resolution directing the City's engineer to prepare preliminary Preliminary Plans for a plans, cost estimates and related items to finance the costs of an Tax Increment Area undertaking for a Tax Increment Area formed pursuant to Nevada

Revised Statutes Chapter 278C.

Mr. Minton stated it is required by NRS that the City Council direct the City's engineer to prepare preliminary plans, cost estimates and related items.

Mr. Scott Shaver of Swenseid and Stern gave a brief overview of the resolution, stating that the NRS requires the Council to take action to direct the City's engineer (the private engineering firm of Stantec) to prepare information required for the proposed Tax Increment Area and also identifies the preliminary geographic extent of the area.

A motion was made by Council Member Schrnitt, seconded by Council Member Salerno, to adopt Resolution No. 3072, directing the City's engineer to prepare preliminary plans, cost estimates and related items to finance the costs of an undertaking for a Tax Increment Area formed pursuant to Nevada Revised Statutes Chapter 278C. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

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e Special Meeting of the Sparks City Council for October 15, 2007 ,

Time: 3:52:48 p.m. for a An agenda item from Police Chief John Dotson recommending the the City Council approve a grant through the Violence Against ment Women Grant Program to provide for a Victim Advocate for the

Sparks Police Department. e

~ I

Deputy Police Chief Robin Pagni introduced Detective Steve Fiore and noted that the Police Department is requesting the Council's approval to accept this grant, which is administered through the Nevada State Attorney General's office, for the purpose of hiring a Victim Advocate for the Sparks Police Department.

Deputy Chief Pagni stated that in 2006 the Police Department responded to 1,926 domestic calls; 172 sexual calls; 144 child abuselneglect calls; and 52 stalking calls. Which is often the case, the Police Department lacks the time to work with the victims in these cases on both an emotional and support level. He said they often have to rely on the Victim Advocates from other agencies to assist them.

He stated a Victim Advocate is responsible for working with the victim for purposes of informing them of the rights in the criminal justice system; helping them create a safety plan; assisting them I with emergency andlor temporary protection orders; and any other initial services or referrals they may need.

Deputy Chief Pagni noted the grant runs from January 1 through December 31, 2008 and they would be looking at filling this position by March 1, 2008. He said the grant is for $50,000; $40,000 which is for strictly for salary; $10,000 is designated for emergency services such as temporary housing, emergency transportation, etc. He said the match to the City is $20,766. He said that would be an impact to the current fiscal year of $7,200 and an impact of fiscal year 08/09 of $10,800. He said also included in this is an initial $3,631 in start up costs (computer, desk, etc.).

He thanked Lori Fralick from the Reno Police Department and Kim Swickert from Washoe County Social Services for their help in applying for this grant, as well as assisting in the investigation of our cases.

Council Member Carrigan asked if we still had a Victim Advocate in the City Attorney's office. City Attorney Adarns responded that yes, we do. Mr. Carrigan asked how they were going to work together. Deputy Chief Pagni noted that the Victim Advocate in the City Attorney's office assists the victims once they get into the legal system and the Police Department Victim Advocate would 4

Page 4 of 10


be helping the victim from the initial call that they respond to; help them through the initial phases of the suspect being arrested; help them find emergency housing and placement -- that up-front support that we are currently unable to provide.

Council Member Schrnitt stated that this morning's article about the triple homicide in Odessa Texas and the increasing domestic violence throughout our country, makes this a very timely item and he felt it was important to provide some type of service to help victims.

Mayor Martini noted that there were two requests to speak on this item.

Mr. Phil Caterino and Ms. Alisha Caterino of 9175 rising Sun Drive, both spoke in support of accepting the grant.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve a grant through the Violence Against Women Grant Program. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.4 Time: 3:24: 15 p.m.* Approval of a Request to An agenda item from City Attorney Chet Adams recommending

0 Retain Special Counsel the City Council approve a request to retain Special Counsel; the law firm of Mark H. Gunderson, Ltd. It is recommended the Council approve and fix the compensation for legal services provided by the Special Counsel in accordance with the hourly rates and costs as set forth in the retainer agreement ($5,000 retainer and monthly billings at the rate of $325kour).

Attorney Adams noted that this is a common thing to do when there is a conflict of interest between the City Attorney's Office and a member of the City Council. He noted that this request was prompted by a lawsuit that was brought by Red Hawk Land Development Company. He noted that Red Hawk is a co- defendant with the City of Sparks in other litigation brought by the Nugget. He said that working with Red Hawk on one case presents an apparent conflict in representing Council Member Salerno in a matter brought by Red Hawk. Therefore he felt it was prudent to hire a special counsel for this litigation because of the potential conflicts.

Mr. Carey noted that when the agenda came out last week he received questions from a number of the Council Members regarding this item. He said he sent out an e-mail stating that we might need to continue this item to next Monday to provide the Council with and opportunity to speak with the City Attorney on

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e Special Meeting of the Sparks City Council for October 15: 2007

this matter. He said he has since learned answers to a number of the questions that were posed to him; as well as that there is a deadline approaching where it may be essential that we retain special council prior to next Monday, since there are some briefs or pleadings due on the 1 9th in this matter.

Mr. Carey said that in terms of some of the questions, Mr. Gunderson can address a number of them regarding the case. He noted that he provided a copy of the case to all of the Council Members. He said this is a civil matter, not a criminal matter, and as such, it would be within the normal course and scope to provide representation to members of the Council.

The City Manager said that he was asked by some of the Council Members to contact Clark County and our Risk Manager Randy Waterrnan did that. He said we are following a very similar process in the selection of Mr. Gunderson. He noted that there are very clear inclusions within the retainer agreement that Mr. Gunderson is working for the City of Sparks and would be representing the City Council as a whole.

Council Member Smith asked at what point, or is there a point where this civil case could become a criminal case. Mr. Gunderson stated that this a civil law suit filed in the civil court and it would never become a criminal case.

Council Member Schrnitt said he was confused because the last he heard on Friday was that this item would be postponed or continued and he is now being asked to make a decision on something he didn't feel he had all the information on.

Council Member Carrigan said he was also concerned because he thought we were going to have a closed attorneylclient meeting to discuss this item.

City Attorney Adarns said he also thought this item would be continued so that they could have a closed attorney/client meeting. Mr. Gunderson responded that there is a pleading due on the 1 9 ' ~ and he has a conflict on the 22". He said he is willing to file the pleading in any event and to continue this item to what ever date would be most appropriate.

Council Member Mayer said he felt that having a leading due on i' the 19th and a conflict with continuing it to the 22" , this was fairly open and shut and the Council needed to vote on this today.

Council Member Schrnitt asked if there was an estimate on how much this might cost the City, because there was no cap, only a

Page 6 of 10


monthly retainer and hourly rates. Mr. Adalns stated that we have other contracts for professional legal services that are not capped because the contract is for the extent of the litigation and there is no way to know how long the litigation may take. He noted that the last Federal jury trial that the City was involved in cost $250,000 and that was with the assistance of City staff. He said he could not approximate a cost, he could only say civil cases can be very long and drawn out and on the other hand we have had civil cases dismissed very early on with very little cost.

Council Member Schmitt stated his next concern was a case in Clark County that started out as a civil case and now the FBI is heavily involved in indicting six people as a result of that litigation. Mr. Gunderson emphasized that this complaint is a civil complaint brought by Red Hawk as a civil litigant looking for monetary damages. He said that if they had criminal complaints they would have raised them with the FBI or the District Attorney, independent of this law suit. Council Member Schmitt said he felt this item was highly unusual in the way it has been presented to Council; that it was rushed; and there was a lack of information and lack of the ability to talk with the City Attorney in a closed session.

City Attorney Adams stated he has been prosecuting criminal cases for over 20 years and everything he has learned about this case and about Council Member Salerno, in absolutely no way indicates that there was any criminal activity involved. He also noted that Mr. Gunderson's retainer agreement is very specific in that in the event that criminal activity is discovered, he will have a contractual and ethical obligation to withdraw his counsel.

Council Member Carrigan stated he would have preferred to ask these questions in an attorneylclient meeting, but since we are not going to have that opportunity, he would ask his questions now. Mr. Carrigan said that Mr. Adams is saying he has a conflict of interest in this case, but what about the Assistant City Attorneys; do they have a conflict also. Mr. Adams responded that his staff is working in concert with Red Hawk Land Company to defend the law suits brought by the Nugget and it would be very difficult for him, or any of his assistants, to represent Mr. Salerno and still keep that attorneylclient privilege in tact. He said he felt that the conflict that he has also permeates his entire office.

Council Member Carrigan said he asked this question because one of the attorneys that was going to represent him in his ethics complaint was called as a witness; however, an Assistant City Attorney represented him in his ethics complaint. He also expressed concern that there was no limit on the cost of this

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le Special Meeting of the Sparks City Council for October 15, 2007

litigation; because the way he read the NRS, we are supposed to fix the amount we are going to pay and we have fixed the amount at a monthly retainer and hourly rates. Mr. Adams said he read the statutes as fixing the salary at the rate established in the retainer agreement.

Council Member Carrigan noted that the NRS 41 also says that if Mr. Salerno wanted to hire his own attorney, if he prevails, we have to pay him back. Mr. Adams stated that the City is legally obligated to provide Council Member Salerno with a legal defense as those allegations were made against him in his official capacity. He said the City Council can certainly disregard that advice and deny this request, but if that is the case, then Council Member Salerno will have to pay for his defense. Mr. Adams emphasized that if the jury comes back and finds that Council Member Salerno was working within the course and scope of his duties as an elected Sparks official, then the City would have to pay for all the legal fees and costs associated with his defense. Mr. Carrigan asked how this was different than what they were being asked to approve now. Mr. Adarns replied that all the Council is doing now is saying that yes, we recognize our legal obligation as explained to us by the City Attorney and we authorize Mr. Gunderson to step into the shoes of the City Attorney and we will pay him the salary as outlined.

Council Member Carrigan stated he had a lot of other questions he wanted to ask but he was not going to do it in a public meeting and they were questions that he felt Mr. Adams needed to answer because the Council was his client. He said he was upset that there was not going to be a closed attorneylclient session.

Council Member Schmitt outlined the facts as he saw them: NRS 41.034 mandates that we provide legal counsel for Mr. Salerno; and the City Attorney can't provide that legal counsel because of a conflict; so the City Council doesn't have any option but to approve the special counsel.

Mr. Adam confirmed that the NRS Chapter 41 mandates that the City provide a legal defense for Council Member Salerno and the same chapter also says that in the event there is a conflict between the City Attorney and the elected official, then the City Attorney may ask that the City Council approve special counsel to represent the official in his official capacity. He said if the City Council does not want to hire special counsel, they don't have to, but ultimately the City may be legally responsible for paying the costs associated with what, would other wise, be the defense provided by special counsel.

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Council Member Schmitt said that he did not want to leave Mr. Salerno with an attorney that feels he has a conflict and he felt that the Council was stuck in a situation where we had to hire outside legal counsel, whether it was what they wanted to do or not.

Council Member Smith asked if they would receive updates on the progress of the case. Mr. Gunderson said he does this commonly and he would be willing to do this as often as the Council would like, in whatever form they wanted to see.

City Manager Carey said that the pace of this litigation has not provided time for all of the Council's questions to be answered before this meeting. He said he did tell the Council that some of the questions would best be answered in an attorneylclient closed meeting and staff began to arrange for a closed door session next Monday; however, he learned today that Mr. Gunderson was not available next Monday and that there are pleadings due on this litigation on the 191h. He said that if the Council still had questions, they could still meet behind closed doors and discuss the specifics of the case, but the matter before them now was the retention of special legal counsel, Mr. Mark Gunderson.

Mayor Martini noted that he had one request for public comment on this item.

Mrs. Shirley Bertschinger said this is another example of what the Red Hawk Land Company has done to the City and she supported hiring special legal counsel for Mr. Salerno, stating he could not get fair representation from the City Attorney's Office.

City Attorney Adarns responded to Ms. Bertschinger's comments by stating he expected nothing less from someone who had retired from the Nugget; however, we did not choose to be co-defendants in any matter.

Mayor Martini said in his view Mr. Salerno is a Council Member and hopefully no one on this board would be put in the same situation. He said the City owed Mr. Salerno competent legal representation and since there was a deadline on the 19'~, this has to be done.

Council Member Mayer said he would like to make a motion to approve the special legal counsel, because "but by the grace of God, there go I".

Council Member Smith asked if they could go into a closed door session right now. It was noted that a closed door session had to be on the agenda and it was not.

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Minutes of the Special Meeting of the Sparks City Council for October 15, 2007 I Council Member Salerno noted he would be abstaining from the vote on this item.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve retaining the law firm of Mark H. Gunderson as special legal counsel. Council Members Mayer, Smith, Schmitt, YES. Council Member Carrigan, NO. Council Member Salerno, ABSTAIN. Motion carried.

*This item was heard out of order.

7 . - Time: 4 9 1 :34 p.m. Comments from the None. Council and City Manager

8. - Time: 4:01:43 p.m. Adjournment There being no further business, the meeting was adjourned at

4:01 p.m.

Mayor

City Clerk >>>

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a REGULAR MEETING OF THE SPARKS CITY COUNCIL October 8,2007 3:00 p.m.

1 . - Time: 3:05:12 p.m. Call to Order The regular meeting of the Sparks City Council was called to order


2. - Time: 3:05: 1 8 p.m. Roll Call Mayor Geno Martini, Acting City Clerk Carrie Brooks, Council

Members Philip Salerno, Mike Carrigan, Ron Schrnitt, City Manager Shaun Carey, City Attorney Chet Adarns, PRESENT. Council Members John Mayer, Ron Smith, ABSENT.

Staff Present: Marc De La Torre, Randy Mellinger, Pete Etchart, John Dotson, Tom Minton, Neil Krutz, Ross Soderstrom, David Creekman, Ben Hutchins, Jim Hennan, Karen Melby, Wayne Seidel, Chere' Jigour, Rhonda Knox, Margaret Powell, Heather Manzo, and Brian Bessette, Karen Todd and Helen Elliott.

Invocation and Pledge of Time: 3:05:41 p.m. Allegiance The invocation was given by Pastor Roger Canary of the Church of

Jesus Christ Spiritfilled and the Pledge of Allegiance w a s led by City Attorney Chet Adams.



City Manager Carey noted that Senator Maurice Washington called to say he was unavoidably detained in Carson City at a Legislative Meeting this afternoon, but wanted to have an opportunity to present his thoughts regarding the proposed ordinances under Items 8.1 and 8.2. He said he has been working with staff on this, but feels that his comments may be of assistance of the Council when considering this ordinance. Mr. Carey asked that the Council open the Public Hearings on Items 8.1 and 8.2, and then continue them; if they would like to hear Senator Waslungton's comments.

Council Member Carrigan asked if Senator Washington had a problem with Item 8.1, or was it just 8.2. Mr. Carrigan stated that because the changes suggested by Senator Washington altered the ordinance significantly from what was forwarded to the Council by

Page 1 of 13


the Planning Commission, he would like to see the amended bill go back to the Planning Commission for their review. Mr. Carey stated there would not be a problem whether they continued the public hearing or remanded i t back to the Planning Commission.

A motion was made by Council Member Schmitt, seconded by Council Member Camgan, to approve the agenda as posted. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.

3. - Time: 3:10:17 p.m. Approval ofthe Minutes A motion was made by Council Member Schmitt, seconded by

Council Member Carrigan, to approve the Minutes of the Special Meeting of September 17, 2007, and the Regular Meeting of September 24, 2007. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.


5. Consent Items: Time: 3:14:15 p.m. Items 5.12 and 5.13 were pulled for discussion and separate vote.

A motion was made by Council Member Schmitt, seconded by Council Member Schrnitt, to approve Consent Items 5.1 through 5.1 1. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.


Meeting for the period covering September 6: 2007 through September 19, 2007.

5.2 An agenda item from Senior Planner Victor Villarreal Grant Award from the recommending the City Council accept a grant from the State State Historic Historic Preservation Office in the amount of $18,000 for the Preservation Office implementation of Phase 6 of the cultural resources survey of

Sparks' historic neighborhoods. T h s phase will examine an additional 40 resources, bringing the total number of resources examined to 5 19. The grant does not require a City match.

5.3 An agenda item from City Engineer Pete Etchart recommending the Agreement to Purchase City Council approve an agreement to purchase tree grates for the Tree Grates for the Victorian Square Streetscape Project, Phase 1 and Phase 2, from Victorian Streetscape Neenah Foundry Company in the amount of $25,950. As a portion Project of the Federally Funded West End Victorian Streetscape Project, we

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will be installing decorative tree grates at the base of each tree within the sidewalk. These grates will match existing tree grates that have been installed on previous project on Victorian Avenue. The tree grates must be installed before the concrete can be poured because they also make up the forms that will allow the grates to fit properly. The lead time of 10 to 12 weeks requires the City to sole source the acquisition of these tree grates to allow the contractor to finish the project on time.

5.4 - An agenda item from Chemist Bill Lutsch recommending the City Award of a Total Council award to Teledyne Instruments the purchase of a Total Organic Carbon Organic Carbon Analyzer System at the Truckee Meadows Water Analyzer System at Reclamation Facility (TMWRF) in the amount of $29,637.70. This TMWRF equipment will be used for permit requirements and process control

testing. Funds are available for this purchase.

5.5 - An agenda item from Engineer Andy Hurnmel recommending the Proposal for Engineering City Council approve a proposal for engineering Services for the Services for the D7Andrea HOA effluent conversion project from Hunter Creek D'Andrea HOA Effluent Engineering in the amount of $66,100. The D'Andrea HOA Conversion Project from irrigation system is currently fed through the D'Andrea Golf Hunter Creek Course. The City of Sparks supplies treated effluent to the Golf

a Engineering Course. All parties involved desire to have the City directly supply the D7Andrea HOA. This scope of services is for the engineering design to retrofit the existing system to be fed directly by the City's effluent system. Hunter Creek is on the City's on-call engineering list (A-3387) and will perform the design work per the scope of services.

5.6 - An agenda item from Civil Engineer Ross Soderstrom Award toNetVersant - recommending the City Council award to NetVersant - Northern Northern California, Inc. California, Inc., for the purchase and installation of a Cisco wireless for Wireless Traffic (mesh radio) traffic signal interconnect system on Pyramid Way Signal Interconnect between six traffic signals in the amount of $64,820.42. While System reconstructing Pyramid Way in 2003, the contractor for NDOT

damaged the interconnect conduit containing the wiring for six traffic signals on Pyramid Way. NDOT has agreed to reimburse the City $65,000 for the replacement of the damaged conduit and wiring; however, due to advances in technology, staff has determined that the City's interests are better served by the installation of Cisco wireless mesh radios and Cisco backhaul point- to-point radios at the six intersections along Pyramid Way.

5.7 - An agenda item from Police Chief John Dotson recommending the Grant from the State of City Council accept a Nevada Department of Public Safety, Office Nevada Department of of Traffic Safety Grant in the amount of $15,000 for the purchase of Public Safety to Pay for a DUI trailer to conduct DUI checkpoints in the City of Sparks and

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the Purchase of a DUI assist other agencies in our area. The purchase would be a Trailer replacement of our current DUI trailer, which is 13 years old and

needs refurbishing to meet existing standards for this equipment.

5.8 - An agenda item from Police Chief John Dotson recommending the Grant from the State of City Council accept a Nevada Department of Public Safety, Office Nevada Department of of Traffic Safety Joining Forces Grant in the amount of $66,700 to Public Safety to Pay pay officer overtime to enforce specific traffic laws as part of the Officer Overtime to program. The purpose of the Joining Forces program is to provide Enforce Traffic Laws funding to law enforcement agencies to pay overtime expenses to

have officers conduct enforcement of traffic laws in key areas associated with highway safety. The enforcement areas are DUI, seatbelts, child restraints and pedestrian right of way.

5.9 - Agreement for the Sale of Treated Effluent with Kiley Ranch Communities

5.10 TMWA Service Agreement and Water Rights and Meter fund contribution for the Golden Eagle Regional Park

An agenda item from Infrastructure Administrator Ben Hutchins recommending the City Council approve an Agreement for Sale of Treated Effluent with Kiley Ranch Communities for landscape irrigation. Revenues to the Sewer Utility fund are estimated to be $27,519 per year. The agreement specifies a 20-year term; however, i t will terminate prior to that time if the City adopts an effluent water re-use utility ordinance.

An agenda item from Capital Projects Manager Chris Cobb recommending the City Council approve a Truckee Meadows Water Authority Water Service Agreement and Water Rights & Meter Fund Contribution for the Golden Eagle Regional Park, to the Truckee Meadows Water Authority in the amount of $3 1 2,200.80. This contract is for the installation of items required for providing water service at the park.

&l-l An agenda item from Public Works Director Wayne Seidel Amendment to recommending the City Council approve an amendment to the Agreement for Legal retainer agreement for legal services with Somach, Simmons & Services with Somach, Dunn to revise the Scope of Services to include additional TMWRF Simons & Dunn permit and environmental scope and augment the agreement in an

amount not to exceed the sum of $100,000 (with Sparks' share being $33,333.00. the amendment will augment the current retain by $100,000 and also revise the scope to specifically include the Pyramid Lake Paiute Tribe's Water Quality Control Plan as it relates to the treatment facility.

$.12 Time: 3: 1 1 :52 p.m. CCFEA with David An agenda item from Deputy Director for Community Development Frear Sr./Jr. for Capacity John Martini recommending the City Council approve a Capital Improvements to Sparks Contribution Front Ending Agreement (CCFEA) with David Frear Boulevard/ Los Alto Sr. and David Frear Jr., (Developer of Record) for the offered cash Parkway contribution for capacity improvements to Sparks Boulevard/Los

Page 4 of 13


Altos Parkway. This agreement provides that the developer will make a cash contribution in exchange for Regional Road Impact Fee (RRRIF) credits in the estimated value of $2,000,000. The cash contribution will be used by RTC for capacity improvements on Sparks Boulevard (widening) and at the intersection of Sparks Boulevard and Los Altos Parkway.

Council Member Carrigan commented that he wanted to bring 5.12 and 5.1 3 to the public's attention because there was a column in the newspaper claiming that we look for development first and then fix the infrastructure and he wanted to point out that there is a developer that is going to be widening Sparks Boulevard, so it will be four lanes all the way to Pyramid.

Community Development Director Neil Krutz noted that this item is an agreement between the City of Sparks, RTC, and the Frear family for them to provide $2 million, in cash, to the RRIF, in lieu of having to pay the fees later, at building permit time. He said these dollars will be used specifically to affect the widening of Sparks Boulevard in the area of Los Altos and Sparks Boulevard to four lanes. He noted that this amount does not provide all the funding needed, but it is a big step in the right direction by a developer before he constructs the balance of his project.

Council Member Schrnitt noted that this is nothing new; we have been charging developers up front to get public improvements done. Mr. Krutz agreed that this was standard procedure for developments.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve Consent Items 5.12 and 5.13. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.

5.13 Time: 3:13:51 p.m. CCFEA with Reynen & An agenda item from Deputy Director for Community Development Bardis for Capacity John Martini recommending the City Council approve a Capital Improvements to La Contribution Front Ending Agreement (CCFEA) with Sun Cal Posada Drive and Copper Canyon, LLC (Developer of Record) for the offered Stonebrook Parkway capacity improvements to Copper Canyon Parkway, Eastern Slope

Road, Vista Boulevard and Solomon Circle. This agreement will allow the developer to dedicate capacity improvements in exchange for Regional road Impact Fee Credits in an amount equaling the fair value of the capacity improvements, estimated at $9,753,788.00.

Mr. Krutz noted that this was in the Stonebrooke project and will cause improvements to be done to widen La Posada to four lanes up

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Minutes of the Regular Meeting of the Sparks City Council for October 8; 2007

to the intersection and match the work that RTC has under way now and will also serve to construct Stonebrook Parkway, which is a north-south arterial that will line up with Omni on the north and run south through the project and ultimately to Pyramid Highway. He said these credits are for the dedication of land and roadway improvements. He said these improvements will be constructed simultaneously or ahead of development of this subdivision.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve Consent Items 5.12 and 5.13. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.


6.1 Time: 3: 15:40 p.m. Donation of $2,000 from An agenda item from Police Chief John Dotson recommending the Steven and City McLean City Council accept a private donation of $2,000 fiom Steven and to the Sparks Police City McLean to the Sparks police Department K9 unit. Chief Department K9 Unit Dotson noted the donation will be applied toward the purchase of

two K9 Storm Threat Level 11 Body Armor Vests to protect our canines during dangerous situations which they routinely encounter.

A motion was made by Council Member Schrnitt, seconded by Council Member Carrigan, to accept the donation. Council Members Salerno, Carrigan, Schrnitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.

6.2 Time: 3:17:03 p.m. Interlocal Cooperative An agenda item fiom Finance Director Tom Minton recommending Agreement with the City the City Council approve an interlocal cooperative agreement with of Reno for Obtaining the City of Reno for fiscal analysis services. Mr. Minton stated this Fiscal Analysis Services item was pursuant the Joint July RenoISparks Council Meeting

where staff was directed to prepare an RFP for a fiscal analysis study outlining revenues and uses of revenues within Washoe County. He said one response to the RFP was received from Muni Financial Services, a California firm, for an amount not to exceed $60,000. He said our share of that cost would be not to exceed $20,000.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve the interlocal agreement. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.

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a 6.3 - 1 Reading of Bill No.

Amending Section 15.1 1 to modify the Elevation Requirements in Certain Areas of the City

6.4 - I '' Reading of Bill No. 2561, CA-8-07, Amending Chapter 12.44 by Changing Provisions Relating to the Regional Road Impact Fee

Time: 3:18:44 p.m. Acting City Clerk Carrie Brooks read Bill No. 2560 by title, an ordinance modifying the elevation requirements for lowest flood elevations in certain areas of the City of Sparks and modifying the City's floodplain variance approval procedure; and providing other matters properly related thereto

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of October 22, 2007.

Time: 3: 19: 16 p.m. Acting City Clerk Carrie Brooks read Bill No. 2561 by title, an ordinance amending Chapter 12.44 of the Sparks Municipal Code (SMC) by amending provisions relating to the Regional Road Impact Fee by incorporating a reference to the Regional Road Impact Fee System General Administrative Manual and incorporating and adopting changes to the Regional Road Impact Fee Capital Improvement Plan approved by the Regional Transportation Commission on June 15, 2007; and providing for other matters properly related thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of October 22, 2007.



8.1 - Public Hearing, 2"d Reading and Adoption of Bill No. 2559; CA-6-07, Amending Chapter 20.05 Relating to the Definition of Special Events

Time: 3:20: 10 p.m. An agenda item from City Planner Margaret Powell recommending the City Council conduct a public hearing and approve Bill No. 2551, an Ordinance amending criteria for incorporation of newly annexed land into wards; and providing other matters properly related thereto.

Ms. Powell gave a brief overview of 8.1 and 8.2, stating that 8.1 is a change to modify the definition of a special event to include farmer's market. She said at the last meeting there was a request to add fund raising activities to that. She said the staff report goes over the discussion and staffs analysis of what would happen if fimd raising activities were added to this definition.

Ms. Powell noted that 8.2 is an ordinance to change and clean up language for our outdoor sales activity. She stated there was also a request at the last meeting to add non-profit fundraising activities to

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he Regular Meeting of the Sparks City Council for October 8, 2007

an area where we are looking to allow outdoor sales to be the same duration as our special events in the downtown area.

Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding this proposed ordinance.

Pastor Tom Butler of Sparks United Methodist Church, stated that for the past six years their church has hosted a farmer's market on Tuesday mornings (8:OO a.m. to 1 : p.m.). He emphasized that this is a certified farmer's market and their primary function in having the market is as a service to the community. He said they are grateful for the assistance of the Planning Department, who has responded to their desire to continue providing this service, in spite of the observation that the means by which they have received permits in the past six years may not have been consistent with the current interpretation of the City zones. He said they believe that the proposed ordinance does allow for their farmer's market to continue and he hoped that there was not an undue delay in approving the ordinance due to the concerns of Senator Washington.

There being no further comment, the public hearing was closed.

Council Member Carrigan said he would like to refer this matter back to the Planning Commission for their consideration, since the requested changed from Senator Washington has significantly changed the ordinance. He said the Planning Commission can review the additional changes and then bring it back to the Council for another public hearing.

Council Member Schmitt said he was concerned that with the new language which has been added, we will be going back to the problems we had which prompted these changes. He said he wanted to make sure the Planning Commission understands the history behind these ordinances.

A Motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to remand this back to the Planning Commission because the ordinance has been significantly changed. Council Members Salerno, Carrigan Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion Carried.

Time: 3 :27: 13 p.m. An agenda item from City Planner Margaret Powell recommending

on of the City Council conduct a public hearing and approve Bill No. -07, 2551, an Ordinance amending criteria for incorporation of newly t0.53 annexed land into wards; and providing other matters properly 5 related thereto.

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Non-Residential Districts as sites for Mayor Martini noted that the discussion under Item 8.1 also applied Outdoor Sales to Item 8.2. He then opened the public hearing and asked if there

was anyone who wished to speak regarding this proposed ordinance. There being no comment, the public hearing was closed.

8.3 Public Hearing, 2nd Reading and Adoption of Bill No. 2558; PCN07053, West Haven Development: Rezone, SUP, Tentative Subdivision Map for 559 TownhomeslCondomini um Units and 38,000 Sq. Ft. of Commercial on 19.88 acres

A Motion was made by Council Member Carrigan, seconded by Council Member Salemo, to remand this back to the Planning Commission because the ordinance has been significantly changed. Council Members Salerno, Carrigan Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion Carried.

Time: 3:28:01 p.m. An agenda item from Planning Manager Karen Melby recommending the City Council conduct a public hearing and approve PCN07053, a request for a rezoning, a special use permit, and a tentative subdivision map on a site 19.88 acres in size, in the TC zoning district, generally located in the sparks Marina east of Marina Gateway Drive and south of Prater Way, as follows:

Bill No. 2558, a rezone request to apply the TOD (Transit Oriented Development) Overlay District to the TC (Tourist Commercial) zoning district;

A Special Use Permit to allow multi-family residential dwelling units (must conform to requirements for R5 district) and a development of over 20,000 square feet in size; and

A Tentative Subdivision Map for 559 Townhomes1 Condominium units and approximately 38,000 square feet of commercial space, including common areas.

Ms. Melby displayed a vicinity map of the proposed project and discussed the requests being made by the applicant. She stated the site will be a mix of uses and is proposed to be a density of 28 units per acre. The TOD promotes mixed use and requires a floor area of I .5. She noted the proposed ratio for this project is 1.3 and staff believes this is consistent with the area and the existing development in the area. Ms. Melby stated the overall design for the project is to interface with the existing surrounding development. She said the developer is proposing to build in 7 phases, starting with the townhouses. She stated the applicant is proposing two types of wrap buildings and four types of town homes so there will be a variety of building types. She stated the applicant is proposing earth tones with both contrasting colors, using contemporary materials: brick, split face, porcelain tile and corrugated metal. She noted that the TOD Interim

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he Regular Meeting of the Sparks City Council for October 8, 2007

Standards stated that the efface or stucco is not to be the predominant exterior finish and staff has worked with the applicant to make sure that they do not exceed more than 50% of the exterior and that they provide a mix of materials.

The Andy Derling with Wood Rogers, representing the applicant, gave a power point showing more detail and renderings of the proposed project and spoke about the benefits and amenities of the project.

Council Member Schmitt asked when they anticipated breaking ground on this project. Mr. Gino Firetto of West Haven Development stated they anticipated grading the site sometime in early spring/summer of 08, and then going vertical sometime in late summer, depending on the market and pre-sales. He said they will start pre-sales in FebruaryIMarch of '08.


A Motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve Bill NO. 2558 (Ordinance No. 2377), the rezone request associated with PCN07053, to apply the TOD (Transit Oriented Development) Overlay District based on the findings Z1 through 23 and the facts supporting these findings as set forth in the staff report. Council Members Salerno, Carrigan Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion Carried.

A Motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve the Special Use Permit associated with PCN07053, adopting findings S1 through S6 and the facts supporting these findings as set forth in the staff report and subject to the conditions of approval 1 through 29 as listed in the staff report. Council Members Salerno, Carrigan Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion Carried.

A Motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve the Tentative Subdivision Map associated with PCN07053, adopting findings T1 through TI2 and the facts supporting these findings as set forth in the staff report including the conditions of approval 1 through 9. Council Members Salerno, Carrigan Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion Carried.

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8.4 Time: 3:44:37 p.m. E ~ 0 7 0 5 5 , Tentative An agenda item from Assistant Planner Heather Manzo and final approval of an recommending the City Council conduct a public hearing and Amendment to the approve PCN07055, a request for tentative and final approval of an Miramonte Handbook amendment to a Planned Development Handbook (Miramonte) for a

site approximately 831 acres in size in the NUD (New Urban District - Miramonte) zoning district generally located east o f Desert Highlands Planned Development, east of Vista Ridge Subdivision and south of Wingfield Springs Planned Development.

Ms. Manzo displayed a map of the site and noted that the changes affect only the SF6 land use designation. She stated the changes include a reduction in the required rear yard setback for single story homes from 20 feet to 10 feet when the yard is adjacent to common area or right-of-way and to change the side yard setbacks to be a minimum of 5 feet with a total combined set back of 15 feet. She said the applicant is also requesting to increase the maximum lot coverage from 40% to 45%. She said these proposed changes are intended to allow the developer more flexibility within the design and to provide more variety within the Mirarnonte development. Ms. Manzo said these changes are minor and do not affect the integrity of the over all plan and she has received no correspondence or phone calls in favor of or against this proposal.

Ms. Manzo then review the PD findings as follows:

The amendment does not change the master plan or uses and will allow for more flexibility in product design in a development which is located in close proximity to commercial and industrial development, meeting findings PDl and PD2.

This amendment provides for more flexibility in residential and does not change the land use patterns, affect the flexibility of the plan, or change density or bulk, making it consistent with findings PD3-PD7.

This amendment does not depart from the zoning and subdivision regulations and does not affect the ratio of residential to non- residential as this development has been previously approved as 100% residential, making PD8 and PD9.

This amendment will have no affect on the proposed open space, which accounts for approximately 66% of the development, making PDlO, PDl l and PD12.

There will be no change to the public services and vehicle control as a result of this amendment, making PD13 and PD 14.

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he Regular Meeting of the Sparks City Council for October 8; 2007

PD15 states that the development provide for access to light, air, recreation and visual enjoyment, which this amendment will not affect.

The project consists of lots that are compatible with the surrounding neighborhoods. Park sites are planned that will provide enjoyment to those of the development as well as those adjacent to the planned development, making PD16.

Miramonte Planned Development is currently under construction and is expected to build out in five to eight years, making PD17. 1 I This amendment is consistent with the master plan and surrounding land uses, making PD 1 8 and PD 1 9.

Proper notice has been given, making PD20.

The modification to the Mirarnonte Planned Development furthers the interest of the City and residents by allowing more flexibility in design and the opportunity to provide more diverse housing products within the planned development, preserving the integrity of the plan, making PD2 1.

The proposed amendment is, in staff's opinion, minor in scope and affect on surrounding properties and that the tentative and final approval process can be reviewed concurrently. The Planning Commission has forwarded, and staff supports, tentative and final approval of the Mirarnonte Planned Development handbook amendments.

Council Member Salerno said he was going to support the handbook amendment, but he had a slight concern that the setbacks were extremely small and he hoped this was not setting a precedence for smaller setbacks.

Council Member Carrigan stated he received a couple of calls wanting to know if this amendment was setting a precedence for setbacks. Ms Manzo stated that part of a planned development is to design homes based on special characteristics that are needed for the development. Mr. Carrigan asked for assurance that the setbacks were only for lots of 6,000 square feet + and the developer is not trying to get more homes in a smaller area. Ms. Manzo confirmed that the number of lots will stay the same; this just allows more flexibility in design of the homes.

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Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding this proposed amendment. There being no comment, the public hearing was closed.

A Motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve the tentative and final Planned Development Handbook amendment associated with PCN07055 (Miramonte), adopting findings PDI through PD21 and the facts supporting those findings as set forth in the staff report. Due to the nature of the planned development, the City Council will not require a bond at this time as stated in NRS 278A.490. Council Members Salerno, Carrigan Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion Carried.

9. - Time: 3:52:02 p.m. Comments from the Council Member Carrigan commented that the new Golden Eagle Council and City Regional Park is really coming along. He said the ball fields now Manager look like ball fields and you have to drive into the park to see how

really big it is, because it looks rather small from the road.

Council Member Carrigan also asked when the round-a-bout at Bell Mar will be opened, because it looks like it is finished. Mr. Krutz stated he will find out and e-mail the Council.

10. Time: 3:53:25 p.m. Adjournment There being no further business, the meeting was adjourned at 3:53

Mayor

City Clerk >>>

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e REGULAR MEETJNG OF THE SPARKS CITY COUNCIL September 24,2007 3:00 p.m.

1. - Time: 3:03: 10 p.m. Call to Order The regular meeting of the Sparks City Council was called to order by

Mayor Geno Martini at 3:03 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

2. - Time: 3:03:17 p.m. Roll Call Mayor Geno Martini, Acting City Clerk Carrie Brooks, Council

Members John Mayer, Ron Smith, Mike Carrigan, Ron Schmitt, Acting City Manager Randy Mellinger, City Attomey Chet Adarns, PRESENT. Council Member Salemo, City Manager Shaun Carey, ABSENT.

Staff Present: Kathy Clewett, Marc DeLaTorre, Tracy Domingues, John Dotson, Steve Driscoll, Shirle Eiting, David Fitzpatrick, Andy Flock, Ben Hutchins, Rob Joiner, Adam Mayberry, Margaret Powell, Tony Turley, Victor Villarreal, various Fire Fighters and Tracy Wheeler.

Invocation and Time: 3:03:40 p.m. Pledge of Allegiance The invocation was given by Pastor Ron Arnold of Our Savior

Lutheran Church and the Pledge of Allegiance was led by Council Member John Mayer.

Comments from the Time: 3:05:14 p.m. Public Mr. Joseph Harrelson spoke regarding what he felt was a police and

court conspiracy against him for an incident that occurred approximately 4 years ago, in which he claims he was falsely accused.

Approval of the Time: 3:08:43 p.m. Agenda Consideration of taking items out of sequence, deleting items and

adding items which require action upon a finding that an emergency exists. Mayor Martini announced that Item 6.7 had been withdrawn from the agenda.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the agenda as amended. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salemo, ABSENT. Motion carried.

3. - Time: 3:09:25 p.m. Approval of the A motion was made by Council Member Mayer, seconded by Council Minutes Member Smith, to approve the Minutes of the Regular Meeting of

September 10, 2007. Council Members Mayer, Smith, Carrigan, Schrnitt, YES. Council Member Salerno, ABSENT. Motion carried.

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Minutes of the Regular Meeting of the Sparks City Council for September 24,2007


4.1 - Time: 3:10:01 p.m. Proclamation - Mayor Martini read a proclamation naming October 7, 2007 as an Official Day of Official Day of Recognition for all Firefighters who have died in the

I ~ Recognition for All line of duty and called upon the citizens of Sparks to remember all fire Firefighters who have and emergency personnel who have made the ultimate sacrifice in Died in the Line of service to their community. The proclamation was accepted by Fire Duty Chief Andy Flock on behalf of the Sparks Fire Department.

4.2 Time: 3: 13:07 p.m. Proclamation - Fire Mayor Martini read a proclamation naming the week of October 7-13 Prevention Week as Fire Prevention Week and called upon all residents to heed the

important safety messages of Fire Prevention Week 2007. Fire Marshall Bob King accepted the proclamation and spoke about fire safety and the "lt's Fire Prevention Week - Practice Your Escape Plan!" slogan of this year's fire safety campaign. He also invited everyone to the annual Fire Department Pancake Breakfast to be held on Saturday, October 7,2007.

5. Consent Items: Time: 3:19:48 p.m. A motion was made by Council Member Smith, seconded by Council Member Carrigan, to approve Consent Items 5.1 through 5.9. Council Members Mayer, Smith, Carrigan, Schrnitt, YES. Council Member Salemo, ABSENT. Motion carried.

5.1 - An agenda item from Finance Director Tom Minton recommending Report of Claims and approval of the Report of Claims and Bills approved for payment and Bills the Appropriation Transfers made since the last regular Council

Meeting for the period covering August 23, 2007 through September 25,2007.

5.2 - An agenda item fiom Police Chief John Dotson recommending the Cabaret License for City Council approve an application fiom Ms. Kellee Ann Da Roza, Da Roza's Bar & 18051 Hazelnut Drive, Reno, NV, for a Cabaret License for Da Grill, 1605 Sullivan Roza's, LLC, doing business as Da Roza's Bar & Grill, located at Lane 1605 Sullivan Lane. Ms. Da Roza is the owner of the business and

this will be her first liquor license in Sparks. The license will provide a $1,300.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually and is contingent upon inspections and approvals fiom various agencies as stated in the staff report.

5.3 An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. William Edward Rohan, Wild Creek Beer, 8000 Offenhauser Drive #3 1, Reno, NV, for a Gaming License for the Wine and Spirits, Holder Group Vending Company, doing business at Wild Creek Beer, 2975 El Rancho Wine and Spirits, located at 2975 El Rancho Drive, #115. Mr. Rohan

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Minutes of the Regular Meeting of the Sparks City Council for September 24; 2007

Drive # 1 1 5 has a Slot Route Vending license in Sparks. This license is for four a multi-denominational slant top Video Poker machines and approval will result in a $480.00 annual fee, contingent upon inspections and approvals from various agencies as stated in the staff report.

5.4 An agenda item from City Surveyor Andy Fuller recommending the Reversion to Acreage City Council approve a request from Plantation Investments, Inc. for a for Plantation reversion to acreage map for property located at 2121 Victorian Investments, Inc. Avenue. The conversion is to eliminate existing lot and parcel lines

conflicting with the proposed development of the subject property. The final reversion map has been checked and found to be technically correct and the appropriate fees have been paid.

5.5 An agenda item from Deputy Director of Community Development lmpact Fee John Martini recommending that the City Council approve lmpact Fee Agreement #20 Agreement #20 (Kiley, L. David and David A. - $78,200 in Park file^) Credits and $1 81,900 for Flood Credits) to allow for participation in

the Service Area Number 1 Impact Fee Program. Under this agreement, Kiley, L. David and David A. agree to dedicate land to be used for a portion of the regional trail and the Sun Valley Diversion Channel and the West Side Diversion Channel through the project.

5.6 a - Impact Fee Agreement #2 1 (R&K Homes, LLC)

5.7 Agreement for Sale of Treated Effluent with Rialto, LLC

Agreement for Sale a of Treated Effluent with Flamingo

An agenda item from Deputy Director of Community Development John Martini recommending that the City Council approve Impact Fee Agreement #21 (R&K Homes, LLC) to allow for participation in Service Area Number 1 Impact Fee Program. Under this agreement R&K Homes agree to construct a portion of the Regional Trail and a portion of the West Side Diversion Channel. The amount of parks credits to be issued is $137,820 and the developer has completed construction of the trail improvements. The amount of flood credits to be issued is $162,145; and the diversion channel improvements are also complete.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve an Agreement for the Sale of Treated Effluent with Rialto, LLC for landscape irrigation. The City of Sparks effluent pipeline is located in proximity to Rialto, who desires to irrigate their landscaping with effluent. Effluent is available to provide service. Revenues to the Sewer Utility Fund are estimated to be $2,171 per year. The agreement specifies a 20-year term; however it will terminate prior to that time if the City adopts an effluent water re-use utility ordinance.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve an Agreement for the Sale of Treated Effluent with Flamingo Paradise Partners, LLC for landscape irrigation. The City of Sparks effluent pipeline is located in proximity

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Minutes of the Regular Meeting of the Sparks City Council for September 24: 2007

Paradise Partners to Flamingo Paradise Partners, who desires to irrigate their landscaping with effluent. Effluent is available to provide service. Revenues to the Sewer Utility Fund are estimated to be $2,309 per year. The agreement specifies a 20-year term; however it will terminate prior to that time if the City adopts an effluent water re-use utility ordinance.

5.9 - An agenda item from Public Works Director Wayne Seidel Approval of a Grant recommending the City Council approve a grant from the State of for Two Reader Nevada's Division of Emergency Management for two reader boards Boards and the in the amount of $33,525 ($25,150 Federal, $8,375 City). This item is Purchase of Two also requesting that the Council approve the purchase of two reader Reader Boards boards in the amount of $30,496 ($22,872 Federal, $7,624 City) from

Zimrnco Equipment, Inc., the lowest quote for the purchase of these reader boards.


6.1 Time: 3:20:26 p.m. Acceptance of Four An agenda item from Parks and Recreation Director Stan Sherer Additional recommending the City Council accept $3,900 in additional Sponsorships for the sponsorships from four sponsors for the 2007 Sparks Hometowne 2007 Hometowne Farmer's Market; making a total of 34 sponsors and $87,900 for the Farmer's Market season. August 23'd concluded the ten week run of the 15'h Annual Season Sparks Hometowne Farmer's Market produced by the Parks and

Recreation Department. Each year the City accepts sponsorships to assist with the cost of producing the event.

Recreation Superintendent Tracy Domingues noted that the additional sponsors were: Brothers Home Improvement - $2,000; European Fitness - $400; Scooters, Inc. - $250; and Toyota Tundra Street Team - $1,250. Ms. Domingues stated that staff recruits sponsors throughout the summer season for the Farmer's Market. She said the Council approved the majority of the sponsors in June and she thanked the additional sponsors by name and thanked them for their participation in the event.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to accept $3,900 in additional sponsorships from four sponsors for the 2007 Sparks Hometowne Farmer's Market. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

6.2 - Time: 3:22:40 p.m. Legislative Affairs Government Affairs Manager Rob Joiner noted that all the Federal Report appropriations are still pending in Washington. He also mentioned the

Nevada League of Cities conference this past week and that the

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6.3 Appointment to the Regional Water Planning Commission

6.4 - Bid Award for Nine Loads of Sand

Legislature has agreed to do a staff study on sales tax distribution. He said there was also a staff study proposed on tax abatement and deferrals and what those abatements and deferrals are doing to the State and education; however, we want to make sure that the study includes a cumulative impact and the cumulative impact on local government. He also discussed other studies and stated that staff will be working on some of these issues during the Legislative Interim.

Time: 3:28:28 p.m. An agenda item from City Manager Shaun Carey recommending that the City Council confirm Mayor Geno Martini's appointment of Michael Cameron to the Regional Water Planning Commission. Mr. Cameron is the joint RenoISparks appointment to this commission. He is the Truckee River Project Director for the Nature Conservancy of Nevada, a position he has held for the past seven years. Mr. Cameron was appointed to the Commission in 2004 and hjs term expired June 30, 2007. This position will expire by legislative act on April I, 2008. Both cities would like Mr. Cameron to continue to serve on the Commission until that time.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to confirm the reappointment Michael Cameron to the Regional Water Planning Commission. Council Members Mayer, Smith, Carrigan, Schrnitt, YES. Council Member Salerno, ABSENT. Motion carried.

Time: 3:29:27 p.m. An agenda item from Public Works Director Wayne Seidel recommending the City Council award to A-I Interstate the bid to transport nine loads of sand from Voca, Texas to the Truckee Meadows Water Reclamation Facility for the quoted amount of $32,400. The sand is used in the denitrification process at the water treatment plant and the only sand that can be used that meets specifications ships from Voca, Texas.

Mayor Martini noted that he had a phone call regarding this item, stating the caller was concerned that we were hauling sand from this distance. He asked Mr. Seidel to explain why this was the only place we could get this type of sand.

Council Member Mayer noted that Sparks is only going to pay for 113 of the cost of transporting the sand ($9,720).

Mr. Seidel stated that this sand is very specialized sand and it is required for the sand filters at the Truckee Meadows Water Reclamation Facility (TMWRF). He said the sand wears out over time and has to be replaced with new sand. Mr. Seidel said Council


Member Smith had asked him if it was cheaper to use the railroad for transporting the sand, and in talking with the Purchasing Manager Dan Marran, he was told that when we do quotes, we look at the most economical way to ship the product.

Council Member Schmitt asked how many places this specialized sand can be purchased. Mr. Seidel responded he did not know, he would have to check with treatment plant personnel. Mr. Schrnitt asked for a list of places where this type of sand is available.

Council Member Mayer asked if this type of sand was necessary to the operation of the sand filters at the treatment plant. Senior Administrative Analyst Tony Turley noted that he recently transferred to the Community Development Department from the Water Treatment Plant and that he could verify that the sand for the filters had to be of a specific density and hardness and that the Voca sand is the ideal media for the bacterial growth for proper filtration in the treatment of the waste water. He also noted that this is the only location in the United States where we can purchase this caliber of sand and if we bought a lesser quality of sand, we would spend more money having to replace the sand more often and we also would not be able to get the quality of treatment needed to meet the discharge requirements. He noted that the fine, per day, for not meeting our discharge permit requirements, is $25,000 per violation.

Council Member Smith asked how often they had to purchase the sand. Mr. Turley stated that based on the quantity of sand being purchased, that this is a routine maintenance and that this would be an annual cost to maintain the filters.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to award to A-1 Interstate the bid to transport nine loads of sand to the TMWRF for the quoted amount of $32,400. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

6.5 - Time: 3:37:44 p.m. Approval for An agenda item from Assistant City Manager Steve Driscoll Soliciting Citizens to recommending the City Council approve staff to solicit citizens to Participate on the participate on the Fairness in Reno and Sparks Taxes (F.I.R.S.T.) Blue F.I.R.S.T. Blue Ribbon Committee in conjunction with the City of Reno's efforts on Ribbon Committee the same topic. On July 30, 2007 in the joint RenoISparks Council

Retreat, the Sparks City Council agreed to participate in the Fairness in Reno and Sparks Taxes (F.I.R.S.T.) Tax Analysis efforts. F.I.R.S.T. will analyze the tax revenue and service provision of the region and the Council determined that incorporating the view of the citizens was paramount. This agenda item provides staff the direction and financial

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resources to actively solicit the engagement of the citizens to participate in the process.

Mr. Driscoll stated that at the July 3oth joint meeting the Council agreed to hire financial analysis work on taxation revenue distribution and allocations; to develop a Blue Ribbon Committee to work with that information; and also to develop an outdoor advertising campaign and a media campaign. He said the Council gave direction to staff to solicit the Council for names of potential people to represent Sparks' interest on a Blue Ribbon Committee. He said he asked the Council to submit names and he has received names fiom some of the Council Members. He stated that in the mean time, the City of Reno decided they wanted to do an advertising campai n through the media, which a they started on Thursday, September 20' , with a newspaper ad. He noted that Sparks' name was included in the ad and staff is now asking that Sparks participate in the cost of the advertising campaign.

Council Member Schmitt asked if there was a budget for the advertising. Mr. Driscoll said he would need to follow up with Reno on this, but he did not expect it to be a large dollar amount. Mr. Schmitt stated that one of the things that bothers him is that someone else is spending the money and it is not in our control. Mr. Driscoll stated that for the financial analysis, we have agreed to pay 113 of the cost, based on the population (Reno 213; Sparks 113). He said we would be looking at the same spending ratio for the advertising.

Council Member Mayer expressed concern regarding the committee and Sparks' participation in gathering members. Mr. Driscoll emphasized that nothing has been developed as to the size and make- up of the committee and all we are doing here is agreeing to pay our share of an ad to solicit members for the committee; the committee has not yet been defined.

He also expressed concern that Reno staff was soliciting funds for a campaign, without a non-profit PAC. It was clarified that they were not soliciting funds, merely lining up donors in the event that the FIRST Committee determined that an advertising campaign (such as billboards) was needed to help pass a ballot question. Mr. Driscoll also noted that this was part of the direction given at the July 3oth joint meeting.

Council Member Carrigan expressed concern that the two cities are not working together. Mr. Driscoll stated Reno chose to do a little bit different solicitation policy and then they offered to let us participate and staff didn't see any reason not to Cparticipate], because Sparks staff has already done what the Council asked on July 3oth. He noted that he did not see very many names from his request to Council to

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Minutes of the Regular Meeting of the Sparks City Council for September 24, 2007

submit names for the committee. Council Member Carrigan stated he did not recall receiving the e-mail asking them to submit names and asked that staff re-send the e-mail.

Council Member Smith said he did not think the ads would cost that much and that perhaps we need to put some ads in the Sparks Tribune as well as the Chamber's monthly paper, etc.

Council Member Mayer commented that it was difficult to solicit people to serve on this committee when there were no parameters for the committee.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve staff to solicit citizens to participate on the Fairness in Reno and Sparks Taxes (F.I.R.S.T.) Blue Ribbon Committee. Council Members Smith, Carrigan, Schmitt, YES. Council Member Mayer, NO. Council Member Salemo, ABSENT. Motion carried.

6.6 - Time: 3 5 9 5 4 p.m. Prioritization of the An agenda item from Senior Planner Victor Villarreal recommending City of Sparks' Self- the City Council prioritize the self-directed funding allocation of Directed Funding Washoe County HOME Consortium (WCHC) for the development of Allocation affordable multi-family housing project(s). These projects will be

targeted in the following areas: 1. Redevelopment Area 1; 2. Redevelopment area 2A. While the proposed projects will be given priority in the above referenced areas, they will also be made available, at a lesser priority, to qualifLing projects throughout the City of Sparks (excluding Redevelopment Area 2B "Conductor Heights Area" and Redevelopment Area 2C "Marina Area").

Mr. Villarreal noted that staff is recommending we prioritize our self- directed funding this year for the support of affordable multi-family housing developments. He noted that this is pretty general and leaves us a lot of flexibility. He said in past years we have prioritized for the homeowner-occupied rehabilitation program and that program has been very successful; however staff feels it is adequately funded through the next funding cycle and they are not recommending it as a priority this year.

Mr. Villarreal stated they don't know exactly how much money we are going to self-direct next year (well find out in FebruaryIMarch of 2008), but if the past is any indication, it will be slightly less than last year, which was $24 1,000.

In response to questions, Mr. Villarreal clarified that the applications for the funds are not due until December of 2007, so we don't know

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right now what projects may be brought,forward.

A motion was made by Council Member Mayer, seconded by Council Member Schrnitt, to prioritize and allocate the City of Sparks "self- directed" WCHC funds for the support affordable multi-family housing projects as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.7 - Time: 4:07:29 p.m. Resolution No. 3071, This item was pulled from the agenda. Concerning a Proposed Tax An agenda item from Finance Director Tom Minton recommending Increment Area the City Council approve Resolution No. 3071, a resolution (Kiley Ranch concerning a proposed tax increment area and approving the form of a Communities) deposit agreement.

6.8 - 1'' Reading of Bill No. 2558, PCN07053, West Haven Dev., Rezone to Apply the TOD to the TC Zoning District on 19.88 Acres Located east of Marina Gateway Drive

6.8 - 1 " Reading of Bill NO. 2559, CA-6-07, A Request to Amend Chapter 20.05 Relating to the Definition of Special Event and Farmer's Market

Time: 4:07:31 p.m. Acting City Clerk Carrie Brooks read Bill No. 2557 by title, a general ordinance rezoning real property owned by West Haven LLC and the City of Sparks to apply the TOD (Transit Oriented Development) overlay district to the TC (Tourist Commercial) zoning district on a site approximately 19.88 acres in size, generally located in the Sparks Marina east of Marina Gateway Drive and south of Prater Way, Sparks, NV; and providing other matters properly relating thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of October 8,2007.

Time: 4:08:20 p.m. Acting City Clerk Carrie Brooks read Bill No. 2559 by title, an modifying the Sparks Municipal Code's definition of "Special Event" to include a Farmers' Market, defining a farmer's market; and providing other matters properly related thereto.

Maurice Washington, Pastor of Center of Hope Christian Fellowship, noted that at the July 16tb meeting the Council directed staff to look at the definition for a special events permit and in the ordinance they prepared, they included a farmer's market as a special event. He said this bill was prepared by City Staff, but in order to encourage community involvement and growth for non-profit organizations in our community, he wanted to propose some changes or additions to this amendment to include fund raising activities for non-profit organizations, as associated with special event.

A lengthy discussion ensued regarding whether the Council could change the ordinance at this meeting, direct staff to change the

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ordinance before the 2"d reading and adoption of the ordinance, or if it required another first reading if the ordinance was changed.

City Attorney Adams stated that if the proposed amendments substantially change the intent and effectiveness of the ordinance, we should have another first reading at the next council session, which will include the amendments.

Council Member Carrigan stated that he would rather have a public hearing and then consider the proposed amendments.

Senator Washington stated they wanted to make sure that they are following the ordinances, but they wanted to also make sure that there was a provision for non-profit organizations to continue their activities without going against the ordinances.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of October 8,2007.


7.1 - Time: 4:22: 15 p.m. Public Hearing on the An agenda item from Grants Administrator Tracy Wheeler CAPER for Program recommending the City Council conduct a public hearing on the year 2006 Consolidated Plan Annual Performance and Evaluation Report

(CAPER) for Program year 2006 for the City of Sparks. The CAPER provides an overview of how Sparks, Reno and Washoe County expended HUD funding (CDBG, HOME) and of the jurisdictions' community development and affordable housing accomplishments during the 2006 program year (2006-2007 local government fiscal year). The public comment period began on September 13 '~ and will close on September 27fi; any public comment received at this hearing will be taken into consideration.

Ms. Wheeler stated that this was the annual report to HUD on what we did with our block grant dollars. She said the City was able to assist almost 900 citizens through our public service grants (primarily 370 individuals remained in their homes through landlordltenant dispute assistance); we assisted nearly 500 students through Nevada Youth Services Hispanic Youth Image program; and we assist 20 households with housing rehabilitation (9 directly through our loans and grant programs in this city and 1 I households through a grant through the Northern Nevada Center of Independent Living). She noted we also allocated funding toward continuing our redevelopment efforts on Prater Way (developing our plans so we can continue that improvement project) and finally, we allocated funds toward a

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facilities improvement project at Dillworth Middle School. Mayor Martini opened the public hearing and asked if anyone wanted to speak regarding this item. There being no comment, the public hearing was closed.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve the CAPER for PY 2006 for the City of Sparks to HUD. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.


8.1 - Time: 4:24:44 p.m. I Reading of Bill An agenda item from City Planner Margaret Powell recommending the No. 2557, CA-5-07, City Council conduct a public hearing and approve Bill No. 2557, an A Request to Amend ordinance amending the City's outdoor sales provisions; and providing Chapter 20.53 other matters properly related thereto. Regarding Outdoor Sales and Display Ms. Powell noted that Pastor Washington also provided some

testimony on this item. She stated that this bill was to clarify some language that is contained in the outdoor sales and display section of Title 20 related to where you can have outdoor sales; specifically broadening the definition to include non-residential classifications, as opposed to the C1, C2, IC and TC zones. She said this would allow for PF, which is where his church is located; and it would also allow PO (Professional Office) to have outdoor sales on occasion. She explained that "on occasion" is for 72 hours every 28 days. She said the ordinance also clarifies that businesses that are on-site, as well as businesses that go to a site, would have the same regulations. She said that was the intent of the ordinance; but when they took it to Planning Commission, staff realized that we have several businesses in our Victorian Square area that enjoy participating in the Victorian Square events and we have two events that have become quite popular that are closer than 28 days, so staff, on page two of three of the staff report, provided some additional language that Council may want to consider. She said Senator/Pastor [previously] offered an amendment to the staffs additional language.

Ms. Powell suggested that the Council may want to choose to continue this item so that they can have a public hearing on both ordinances at the same time.

Council Member Schmitt asked for clarification that the amendments that Senator Washington offered under item 6.9 affect this ordinance as well. Ms. Powell stated his Attachment B in his handout is related to this ordinance and not 6.9. Mr. Schmitt then asked the City Attorney if the Council could incorporate those changes at tonights

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meeting. City Attorney Adams stated that legally they could incorporate those changes tonight; the question is whether or not they 0 want staff to look at the proposed amendments from Senator Washington and provide them with feedback as to the advisability of those amendments. I

Mayor Martini opened the public hearing and asked if anyone wanted to speak regarding this item. There being no comment, the public hearing was closed.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to continue Bill No. 2557 to the next meeting [October 8, 20071. Council Members Mayer, Smith, Carrigan, Schrnitt, YES. Council Member Salerno, ABSENT. Motion carried.

9. - Time: 4:29: 12 p.m. Comments fi-om the Council Member Smith reminded everyone that this was "Family Council and City Night" and encouraged everyone to sit down to dinner with their Manager family.

Adjournment Time: 4:29:35 p.m. 1 I

There being no fwther business, the meeting was adjourned at 4:29 p.m. i

City Clerk >>>

Mayor

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SPEClAL MEETlNG OF THE SPARKS ClTY COUNCIL September 17,2007 3:00 p.m.

I. - Call to Order

2. - Roll Call

Pledge of Allegiance

Comments from the Public

Approval of the Agenda

3. Approval of the Minutes

Time: 3:03:52 p.m. The special meeting of the Sparks City Council was called to order by Mayor Geno Martini at 3:03 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

Time: 3:03:59 p.m. Mayor Geno Martini, Acting City Clerk David Fitzpatrick, Council Members John Mayer, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adarns, PRESENT. Council Member Phillip Salerno, ABSENT.

Staff Present: Rick Bareuther, Mike Biselli, Marc DeLaTorre, Tracy Domingues, John Dotson, Steve Driscoll, Bob King, Neil Krutz, Adam Mayberry, Wayne Seidel, Victor Villarreal and Carrie Brooks.

Time: 3:04:27 p.m. The Pledge of Allegiance was led by Council Member Ron Schmitt.

Time: 3:04:58 p.m. None.

Time: 3:05:09 p.m. Consideration of taking items out of sequence, deleting items and adding items which require action upon a finding that an emergency exists.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.


4. Announcements. Presentations and Recognition Items and Items of S~ecial Interest:

4.1 - Time: 3:05:46 p.m. Proclamation - Family Mayor Martini read a proclamation naming September 24, 2007 as Day Family Day - A Day to Eat Dinner with Your Children and urged

all citizens of Sparks to recognize and participate in its observance by turning off the television and telephones and enjoying dinner as a family. The proclamation was accepted by Jody Ruggiero, founder and Chairman of Tune In To Kids.

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Minutes of the Special Meeting of the Sparks City Council for September 17, 2007

4.2 Time: 3: 10:27 p.m. Proclamation - National Council Member Ron Smith read a proclamation naming Hispanic Heritage Month September, 2007 as National Hispanic Heritage Month and urged

the citizens of Sparks to celebrate the traditions, ancestry, and unique experiences of those who trace their roots to Spain, Mexico and the countries of Central and South America and the Caribbean. The proclamation was accepted by Jesse Gutierrez of Nevada Hispanic Services.

4.3 Time: 3: 15:02 p.m. Proclamation - Council Member Ron Schmitt read a proclamation naming Preparedness Month September 2007 as Preparedness Month in recognition of the need

to learn more about preparing for all types of emergencies from natural disasters to potential terrorist attacks. The proclamation was accepted by Caroline Punches from the American Red Cross.

4.4 Time: 3:16:21 p.m. &sentation on American Ms. Caroline Punches of the American Red Cross gave a brief Red Cross Activities explanation on what the Red Cross' role is in providing short-term

assistance in disaster situations and what happens to the donations that are given to the Red Cross to assist the victims of disasters. She used the example of the recent Angora wild fire at Lake Tahoe, where numerous families lost their homes.

4.5 - Time: 3:30:20 p.m. Announcement - Master Senior Planner Victor Villarreal announced that the Community Plan Community Visioning Workshop would start next Tuesday at 7:00 p.m. at the Visioning Workshop Alf Sorensen Community Center. He said since this plan will be

the guiding document for the future of our community, staff is looking for as much public input into this process as possible.

5. Consent Items: Time: 3:3 1 :20 p.m. A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Consent Items 5.1 through 5.5. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salemo, ABSENT. Motion carried.

5.1 An agenda item from Public Works Director ~ a G e Seidel Joinder Bid Award for recommending the City Council award to Jones West Ford Six 2008 Ford Crown (through the State of Nevada Department of Administration Victoria Police Patrol Purchasing Division Web Site) a bid for the purchase of six 2008 Cars (Replacement Ford Crown Victoria Patrol Cars in the amount of $26,566.25 each Vehicles) for a total amount of $159,397.50. These vehicles will replace

older, mechanically and structurally worn police vehicles. Funds are available in the Vehicle Replacement Fund for this purchase.

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Minutes of the Special Meeting of the Sparks City Council for September 17,2007

5.2 An agenda item from Public Works Director Wayne Seidel Joinder Bid Award for recommending the City Council award to Jones West Ford Two 2008 Ford Crown (through the State of Nevada Department of Administration Victoria Police Patrol Purchasing Division Joinder Bid process) a bid for the purchase of Cruisers (Additions to the two 2008 Ford Crown Victoria Patrol Cars in the amount of Fleet) $26,566.25 each for a total amount of $53:132.50. These vehicles

are for two new employees (one traffic officer and one sergeant) who will begin work in January of 2008. The purchase of these vehicles is necessary for the completion of their jobs and will be an addition to the fleet. Funds are available in the Vehicle Fund for this purchase.

5.3 An agenda item from Public Works Director Wayne Seidel Joinder Bid Award for recommending the City Council award to Jones West Ford One 2008 Ford (through the State of Nevada Department of Administration Expedition Sport Utility Purchasing Division Joinder Bid process) a bid for the purchase of Vehicle (Replacement a 2008 Ford Expedition Sport Utility Vehicle in the amount of Vehicle) $27,225.25. This vehicle will replace an 8-year-old Suburban with

over 100,000 miles on the odometer. It is used by the Fire Suppression Division. Funds are available in the Vehicle Replacement Fund for this purchase.

5.4 An agenda item from Public Works Director Wayne Seidel Joinder Bid Award for recommending the City Council award to Champion Chevrolet Three 2008 Chevrolet (through the State of Nevada Department of Administration Tahoe Police Patrol Sport Purchasing Division Joinder Bid process) a bid for the purchase of Utility Vehicles three 2008 Chevrolet Tahoe Police Patrol Sport Utility Vehicles in (Replacement Vehicle) the amount of $34,531.25 each for a total amount of $103,593.75.

These vehicles will replace older, mechanically and structurally worn police sport utility vehicles. Funds are available in the Vehicle Replacement Fund for this purchase.

5.5 An agenda item fiom Fire Chief Andy Flock requesting the City Grant Award to the Fire Council authorize the Mayor to sign a grant program contract to Department for Seven 60- award the Sparks Fire Department $6,755 for the purchase of Minute SCBA Cylinders seven 60-minute SCBA (self-contained breathing apparatus)

cylinders. This grant is part of the Local Emergency Planning Agency's grant process.


6.1 Time: 3:32:33 p.m. Appointments to Boards An agenda item from City Manager Shaun Carey recommending and Commissions that the City Council confirm Mayor Geno Martini's appointments

to the Debt Management Commission, National Organization to Insure a Sound-controlled Environment (NOISE), and the Regional Planning Governing Board. Elected officials of the City

Page 3 of 6

Special Meeting of the Sparks City Council for September 17: 2007

of Sparks serve on these boards/commissions. Several terms expired June 30,2007, but Members have continued to serve in the interim. However, official reappointment to these committees needs to occur. Current appointees are as follows:

Debt Management Commission- 2-year term Geno Martini John Mayer, alternate

National Organization to Insure a Sound-controlled Environment (NOISE) - 2-year term (Note: the Council designated this appointment to be the same as the Nevada League of Cities board appointment)

Ron Schmitt Phil Salerno, alternate

Regional Planning Governing Board- 3-year term Ron Schmitt Ron Smith, alternate (2-year term)

Mayor Martini stated he would volunteer to remain on the Debt Management Commission and Council Member Mayer agreed to remain as the alternate.

Council Member Schmitt said his desire to stay on the Regional Governing Board is not the highest level and if there was someone who wanted to be on the Governing Board, they were welcome to step forward. There were no volunteers. Council Member Carrigan nominated Mr. Schmitt to remain on the board.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to confirm the appointment of Mayor Geno Martini (with John Mayor as the alternate) to the Debt Management Commission; Ron Schmitt (with Philip Salerno as alternate) to the National Organization to Insure a Sound- controlled Environment; and Ron Schrnitt (with Ron Smith as the alternate) to the Regional Planning Governing Board. Council Members Mayer, Smith, Carrigan, Schrnitt, YES. Council Member Salerno, ABSENT. Motion carried.

Time: 3:36: 19 p.m. 'arks An agenda item from City Manager Shaun Carey recommending

that the City Council confirm Mayor Geno Martini's appointment of Mr. David Sexton to the City of Sparks' Parks and Recreation Commission. There is currently one vacancy on this board due to a resignation. The term which has been vacated expires June 30, 2008, so the individual selected to fill the unexpired term will automatically be reappointed to a full three-year term in June,

Page 4 of 6


2008. Mayor Martini has interviewed the applicants and is recommending David Sexton be appointed.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to appoint David Sexton to the Parks and Recreation Commission. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

6.3 - Time: 3:38:07 p.m. Approval of Addendum An agenda item from Public lnformation Officer Adam Mayberry to Agreement with recommending the City Council approve an addendum to the SNCAT for Web current agreement (A-3 53 8) with Sierra Nevada Community Streaming Services Access Television (SNCAT) to provide web streaming services for (A-3538) the City's Channel 15 television station. SNCAT is a non-profit

organization that provides government and education access television and productions services for the City of Sparks PEG Channel, Channel 15, viewed on cable television through Charter Communications. SNCAT is now providing web streaming services to the City, which will allow web users to view ow channel on-line. The cost for this service is $32,750 for the first year and $1 8,000 for future years.

Mr. Maybeny introduced Mr. Les Smith, the Executive Director for SNCAT. Mr. Smith gave a demonstration of the web streaming services they will be providing. Mr. Mayberry noted that this service will expand ow outreach and ability to provide information to the public.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the addendum with SNCAT to provide web streaming services for the City. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

7. - Comments from the Council and City Manager

Time: 3:50:17 p.m. Council Member Smith asked about the progress on replacing the handicap fine amount on the parking space signs using stickers. City Manager Shaun Carey noted that the volunteers with the Police Department have been working on putting the stickers on signs and he would check with them and provide a progress report.

Council Member Mayer said that Memorial Park is in very poor condition; almost an eyesore, and asked if we could use some of the money reserved for parks to fix it up.

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Time: 3:53:08 p.m. rnrnent There being no further business, the meeting was adjourned at

3 5 3 p.m.

Mayor

City Clerk

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REGULAR MEETING OF THE SPARKS CITY COUNCIL September 10,2007 3:00 p.m.

I . - Time: 3:02:49 p.m. Call to Order The regular meeting of the Sparks City Council was called to order by



Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schrnitt, Acting City Manager Steve Driscoll, City Attorney Chet Adams, PRESENT. City Manager Shaun Carey, ABSENT.

Staff Present: Cyndi Boggan, David Creekman, Marc DeLaTorre, John Dotson, Joyce Farley, Andy Flock, Neil Krutz, John Martini, Adam Maybeny, Randy Mellinger, Summer Pellett, Margaret Powell, Tom Riley, Jim Rundle, Wayne Seidel, Karen Todd, Victor Villarreal, Tracy Wheeler and Carrie Brooks.

Invocation and Time: 3:03: 15 p.m. Pledge of Allegiance The invocation was given by Bishop Wolf Zappe of the Church of

Jesus Christ of Latter-Day Saints and the Pledge of Allegiance was led by Council Member John Mayer.

Comments from the Time: 3:06:48 p.m. Public Ms. Shirley Bertschinger, 832 Olancha Court, spoke regarding the

ethics charges against Council Member Mike Carrigan.


adding items which require action upon a finding that an emergency exists.

Item 5.3 was withdrawn from the agenda.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 3:10:38 p.m. Approval of the A motion was made by Council Member Smith, seconded by Council Minutes Member Mayer, to approve the Minutes of the Special Meeting of

0 August 20, 2007, and the Regular Meeting of August 27, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 1 of 13



4.1 - Time: 3: 1 1 : 14 p.m. Master Plan Senior Planner Victor Villarreal announced that the Community Community Visioning Reception would take place tonight at 7:00 p.m. at the Alf Visioning Reception Sorensen Community Center. He said the reception would serve as a Announcement kick-off to the Workshop that would take place the week of September

24Ih at the same location. He said over the past six weeks staff has been really busy getting the word out about the importance of this event. He then introduced Wayne Feuerborn, with HNTB, and Dan Himmelberg, with XPRESS IDEAS, who talked about the plan elements and reviewed the work they have done to date. They also described the procedures they will be using at the workshops to gather information from the public for the Sparks Master Plan. Council Members Smith and Schrnitt both noted that they could not make the reception, but were supportive of the public workshop process.

5. Consent Items: Time: 3:25:50 p.m. Item 5.3 was withdrawn from the agenda under Approval of the Agenda.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Consent Items 5.1, 5.2, 5.4, and 5.5. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


Meeting for the period covering August 9, 2007 through August 22, 2007.

5.2 - An agenda item from Finance Director Tom Minton recommending Appeal of Business the City Council approve a request from Body Heat Fine Tanning License Penalty by Salon for a refund of business license late penalty fees paid to the City Body Heat Fine of Sparks. The owner, Annette Bianco, states that she thought the Tanning renewal was due on the anniversary of her original license and there

was a change of address, which may have been a factor. She is asking for a refund of $46.50. The Finance Director is recommending that the penalties be refunded.

5.3 - This item was withdrawn from the agenda. Bid Award for Nine Loads of Sand An agenda item from Public Works Director Wayne Seidel

recommending the City Council award to L & K Xpress the bid to transport nine loads of sand from Voca, Texas to the Truckee Meadows Water Reclamation Facility for the quoted amount of

Page 2 of 13


5.4 Approval of Ongoing Support from Petersen Construction for Maintenance Services on the Reclaimed Water Treated Effluent System

$31,050. The sand is used in the denitrification process at the water treatment plant and the only sand that can be used that meets specifications ships from Voca, Texas. Funds were budgeted for this expense.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve ongoing support from Petersen Construction, Inc., for maintenance services on the reclaimed water treated effluent system in the amount of $32,000. Peterson Construction has been assisting City staff with this required maintenance; however staff estimates that approximately 8 weeks of additional time is needed to complete the full system maintenance. Quotations were solicited fiom three contractors to provide a two-man crew with a truck and required tools and staff is recommending the Council accept the quote from Peterson Construction for a rate of $1 00 per hour.

5.5 - An agenda item from Deputy Director of Community Development Impact Fee John Martini recommending that the City Council approve Impact Fee Agreement # 12 and Agreement #11 (Lennar Reno, LLC) to allow for participation in Impact Fee Credit Service Area Number 1 Impact Fee Program. This agreement is a Agreement #I 9 (The master agreement setting up the details of Lennar Reno's participation Pinnacles in the Service Area #I program. It has been reviewed by the

0 Development) for Community Development Department and the City Attorney's Office Parks Credits and has been found acceptable.


6.1 Time: 3:26:27 p.m. ResolutionNo. 3070, An agenda item from Grants Administrator Tracy Wheeler Approval ofDonation recommending the City Council approve Resolution No. 3070, a of Public Funds to the resolution to transfer budget appropriations from the General Fund Food Bank of Contingency Account to the General Fund Community Support Northern Nevada Account for donation of public funds to the Food Bank of Northern

Nevada, Incorporated.

Ms. Wheeler introduced Sherry Jamison fiom the Food Bank of Northern Nevada, who was present to answer any questions regarding the donation. She noted that in the past 2-112 months they have interviewed 434 families and have a 71% approval rating, so 308 families have been able to receive benefits that would normally not have applied since they have been doing this project.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve Resolution No. 3070. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

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the Regular Meeting of the Sparks City Council for September 10; 2007

Time: 3:25:16 p.m. hler, An agenda item from Senior Planner Jim Rundle recommending the lude City Council approve PCN07051, a request from Dean and Kristina cel Tischler to include one 40 acre parcel into the City of Sparks Truckee ~ rks Meadows Service area (TMSA). 1s

Mr. Rundle displayed a map which showed what is currently included in the TMSA and noted that this parcel was located just west of the proposed Tierra Del Sol project. He noted that we have the capacity to put this property into our sphere and it would aid in infrastructure planning in the west Pyramid area.

Council Member Schmitt asked what the noticing requirements were for inclusion in the TMSA. Mr. Rundle noted that this is a Regional Plan amendment so the City of Sparks does not notice individual property owners. He also said that it is not a Sparks Master Plan amendment, so the City did not notice the property owners. In response to further questions, Mr. Rundle stated the property will retain the County zoning designation because it is still under the Washoe County's jurisdiction; however we will assign a land use designation, such as rural reserve, until the Master Planning is done for that area.

Council Member Salerno asked what was on the surrounding parcels. Mr. Rundle responded that most of the property is undeveloped and while it is under the City's jurisdiction, it is still considered to be in the County and if they wanted to develop the property they would still go to Washoe County for a building permit; however Washoe County would contact our Planning staff to review the application to make sure it complies with out closest zoning designation and Sparks would have planning jurisdiction. He emphasized that this is not in the defined Cooperative Planning area.

Discussion was held regarding the topography of the property and whether or not there were steep slopes. Mr. Rundle brought up a topographical map which showed that this property was located at the base of the steeper slopes.

A motion was made by Council Member Schrnitt, seconded by Council Member Smith, to adopt the Planning Commission's recommendation and forward a recommendation to the Regional Planning Commission to include a 40 acre parcel into the City of Sparks' TMSA for the request associated with PCN0705 1 and the facts supporting this inclusion as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 4 of 13


• 6.3 Time: 3:38:30 p.m. Approval of Funding An agenda item from Senior Planner Jim Rundle recommending the and Reimbursement City council approve a funding and reimbursement agreement with Agreement with Sonoma Highlands, LLC for master planning the West Pyramid area in Sonoma Highlands, an amount not to exceed $1 13,850. LLC for Master Planning the West Council Member Carrigan disclosed that he had asked for an advisory Pyramid Area legal opinion because a friend of his, Carlos Vasquez is a paid

consultant with Tanamera, the applicant for this agenda item. Mr. Carrigan said he was disclosing his friendship with Mr. Vasquez under NRS 281.501.4 and that he would not be abstaining on the vote for this item, stating that a public official is dissuaded from abstaining for four reasons:

1 . Abstention deprives the public, and specifically, an elected official's constituents, of a voice in matters which come before public officers and employees.

2. Public officers and employees should have an opportunity to perform the duties for which they were elected or appointed, except where objective evidence exists that private commitments would materially affect one's independent judge.

3. There are no private commitments, materially or otherwise. 4. And our City Attorney, who has been giving him outstanding

advice, contrary to what was said earlier, told him that when looking at abstaining; go to the Commission on Ethics, Woodbeny opinion. The burden is on him as a public official and he will be voting on and discussing this issue.

Mr. Carrigan noted that our City Attorney advised him to get an opinion from the Nevada Commission on Ethics and was given a verbal opinion from their Attorney, who said, "1 could do what I want tonight".

Mayor Martini also disclosed that Carlos Vasquez was a friend of his, and while he didn't have a vote, he may participate in the discussion.

Mr. Rundle displayed a map and noted that in 2006, staff was approached regarding assigning Master Plan Land Use Designations for the new sphere area. He said that ultimately Sparks will be required to write a master plan for the entire West Pyramid area, from the 2002 to the 2006 sphere of influence; however, when we were approached in 2006, staff explained to the property owner that we didn't have the money to move forward with such an endeavor at that time. The applicant said they understood and asked what it would take to move the process forward. Essentially the only option staff could come up with was that the applicant pay for the Master Plan and the

Page 5 of 13

the Regular Meeting of the Sparks City Council for September 10.2007

applicant agreed to pay for the planning of this area. He said staff went ahead with writing contracts and found a consulting firm who would help out in the master planning process of this area and the applicant is now asking for a reimbursement plan to subsidize the cost. Mr. Rundle noted that staff has provided six alternatives for the Council to discuss regarding the applicant's proposal.

Mr. Rundle noted that there were two parts to this item: consensus on which alternative to use for fimding the Master Plan; and approval of an agreement containing the chosen reimbursement method. He noted that the following agenda item was the agreement between the consultant and the City for the actual Master Plan work.

Council Member Schmitt asked what has been our past practice in matters such as this. Mr. Rundle stated there was not a whole lot of background in doing this, but a similar process was utilized in the East Truckee Canyon, where the developer paid for a portion of that Master Plan, but there was no reimbursement agreement. Mr. Schrnitt expressed concern that this was setting policy, even though it was not in writing, and he wanted to make sure we knew where we wanted to go with this.

City Planner Margaret Powell noted that on Page 2 of the staff report there was a paragraph that talked about what we did down the canyon and the net result (because it occurred over a period of three years) was that the City paid about half the cost of the planning, Washoe County and the private property owner ended up paying the other half (property owner paid about 30% of the contract). She explained there were three phases with the planning consultant: the first phase was staff initiated and was under $20,000 and when staff realized we needed to go further, the property owners stepped up and we received money from the County and Sparks basically matched the County's portion again.

Council Member Schrnitt said he did not have a problem with the City paying 50%, but he felt that every square acre of land that is involved in a master plan should, at some point, contribute back to that master plan, so he would like to see both the City and the developer pay their portion. For example if we master plan 500 acres and this developer is going to use 100 acres of it, there are 400 more acres that have been master planned and those are costs that should come back to the City through a developer because we are doing the work up-front for them and he would like to see the City be reimbursed as other developers come on board.

Council Member Carrigan asked staff to explain Alternative 4, regarding Sonoma Highlands fronting the planning costs. Mr. Rundle

Minutes of the Regular Meeting of the Sparks City Council for September 10: 2007

stated that he calculated the amount of land that Sonoma Highlands owned (about 18% or $22,000 of the whole cost) which they would not get back, but they would still front the entire cost and the City would pay them back over a period of five years beginning in 2009. Mr. Carrigan said he asked for this clarification, because he thought that with the Truckee River Canyon planning, there was only one land owner and that is why we split it 50150. He asked if because they only own 18%, we are not requiring that they pay 50%, just 18% of the cost. Ms. Powell clarified that the one property owner in the Canyon planning did not own 50% of the property, only about a 113 of the property, but he did pay 50%. Council Member Schmitt asked if the other property owners in the Canyon reimbursed the City for that planning. Ms. Powell responded that there was no reimbursement to the City in the East Truckee Canyon planning.

Council Member Schmitt said he only wanted to see the developer pay for what his portion of it should be and ultimately the City does not have the money up front and the developer can do it, that is an option, but his concern was who was going to be held up with a bill for those property owners who don't develop the land right away.

Council Member Mayer said he preferred Alternate 4, because it was the only fair way of doing this and the City could then budget the cost over the next five years. He then made a motion to adopt Alternate 4, as outlined. The motion was seconded by Council Member Salerno.

Council Member Carrigan asked for clarification that the City would be paying the developer back over a five year period. Mr. Rundle confirmed this. Mr. Carrigan then asked if we would then charge other people when they come in to develop their land, they will be charged for their portion of the master plan. Mr. Rundle stated that no, we would not do this under OptionIAlternate 4.

Ms. Powell clarified that if this is the desire of the Council, then the motion would have to be amended to include portions of Option 5, which would then have to be reviewed by our Legal Department to make sure it is legal to do this. She said staff did not spend the effort to determine to what extent this would be legal because of the possibility the Council would not choose this option.

Council Member Schmitt said that because we are setting policy here today and his concern was that the City did not get stuck paying for a large portion of this work. He said a combination of Alternates 4 and 5 would ensure that the City was not put on the hook for a large amount of money and what ever percentage we can get back as the land develops, whether it is 10, 20 or 30 years fiom now, the City should get reimbursed that cost, because everyone is going to benefit

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the Regular Meeting of the Sparks City Council for September 10, 2007

from the work. He asked for an amendment to the motion to include direction to staff to explore the legal options in Alternate 5.

Council Member Mayer said the whole purpose of this is so the applicant can move forward with his plans, so we are giving him a benefit in doing this sooner, rather than later. He said the City would have to do this at ow own expense at some point in the future and the developer could just wait 8 or 10 years until the City had the money to do the planning. However, because the developer wants to get this done now, Mr. Mayer said he felt that it was only fair that the developer pay a portion and that we were not really setting a precedent, just a great way of doing business. He said he would like to have his motion stand, with no amendments.

Council Member Carrigan asked the applicant if this was a deal they could live with. Mr. Kraig Kanudson, with Tanamera Commercial Development, representing Sonoma Highlands, LLC, said the motion was okay with Sonoma Highlands. He said they were made aware that the funding was not available and they want to push this forward.

Mayor Martini said if we do four and five, we are leaving it open for another property owner to reimburse the City; if it proves to be legal; however if we do only four, Sonoma Highlands would pay 19% and the City would pay the rest of the costs. Mr. Rundle stated that was correct, Sonoma Highlands would pay loo%, but only get reimbursed for 82%. He said staffs' concern with requiring other developers to reimburse the City down the road was the legality of charging impact fees for planning services and that is why we would need to see if this was legal. Mayor Martini asked if we just do number four, down the road we can still look at whether it is legal to charge someone else for the planning that was done on that area.

Council Member Smith asked if we were tying our hands if we just do number four and then find out it is legal to charge other developers. Mr. Rundle stated no, we wouldn't be tying our hands; if the City finds out it is legal, we can change number four.

Council Member Schrnitt said he was concerned that the City would be out $101,000+ and that our policy is that if a developer comes forward, they pay their portion only and the City pays the rest, and we are not concerned about recouping that money in any way. Mr. Rundle stated that staff has to look at the legality of recouping those costs. Mr. Schmitt said we need to make sure exactly what policy we are setting, because he did not want the next developer to say, "I want the same deal".


Council Member Carrigan stated that after the vote they can request that the City Attorney look at the legality and if it doesn't work, then we just have to repay the money over a five year period.

Council Member Mayer stated that we would have to do this, regardless, and he felt that if someone bought property next to this property, that they shouldn't have to pay for the planning. He said the only reason these developers are paying for the planning at this time is because they want to develop their property sooner than the City has funds to pay for the planning. Therefore, we are not giving the developer anything; they are paying to get the planning done earlier than the City's schedule. Mr. Rundle agreed that the City is required to put a plan on this area, at some point, but there is no time frame required and at this time there is no money for the City to pay for it.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to adopt Alternative 4, as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Mr. Rundle said the next vote was needed to approve the contract with the developer to receive the money. He said the contract will be amended to include the discussion we just had.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve a reimbursement contract in the amount of $ 1 13,850.00 to pay for the Master Planning of the West Pyramid area. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.4 Time: 4:03:09 p.m. Approval of a An agenda item from Senior Planner Jim Rundle recommending the Contract for City Council approve a contract for consulting services for master Consulting Services planning the West Pyramid area with JDA in the amount of $123,850. with JDA for Master This contract will bind the two parties into a financial agreement for Planning the West payment for assisting in master planning the West Pyramid area and Pyramid area contains the scope of work and deliverables which the consultant will

be held to.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve a contract for consulting services for master planning the West Pyramid area with JDA in the amount of $123,850. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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the Regular Meeting of the Sparks City Council for September 10, 2007

Time: 4:04:01 p.m. Into An agenda item from Associate Planner Summer Pellett

recommending the City Council instruct staff to initiate a code MC amendment of the Sparks Municipal Code, Chapter 20.25

(Nonconforming Uses and Substandard Developments), as staff believes that this chapter is unclear, outdated, and hampers development.

Ms. Pellett stated staff would Iike to reorganize this chapter to include a more logical format, definitions of the terminology used, and a modification of the requirements and applicability of this chapter. She said staff has encountered many situations in which we find this chapter to be unclear, outdated, and adverse to redevelopment. She said the most problematic section pertains to the intensification of substandard developments. She said currently if a property is deemed substandard (meaning that it does not meet the current code requirements with regard to setbacks, height restrictions, parking, landscaping, signage or other development standards) a developer must obtain a special use permit to construct any new structure that increases the parking requirement; even if the new structure meets all current code requirements. Ms. Pellet said that with many existing commercial, industrial and residential developments in the City of Sparks classified as substandard, staff believes that the cost to the developer and the processing time of the current special use permit requirement hampers redevelopment.

Council Member Mayer asked how long it would take to revise the code and commented that this was really needed. Ms. Pellett responded that she felt they could bring this back to the Council for approval in three months. She said staff has already done a preliminary review of this code section and next step would be to expand the number of people who review the code.

A motion was made by Council Member Mayer, seconded by Council Member Salemo, to instruct staff to initiate a code amendment of the Sparks Municipal Code, Chapter 20.25 (Nonconforming Uses and Substandard Developments) as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 4:07:13 p.m. 11 Acting City Clerk Helen Elliott read Bill No. 2557 by title, an 07, ordinance amending the City's outdoor sales provisions; and providing lend other matters properly related thereto.

lor Council Member Schmitt asked in the re-doing of this ordinance were Y there any restrictions for the extra 3-day permits for special events, in

that the vendor has to be in that line of business and that they can't do

Page 10 of 13


a whole new business just for a special event. Ms. Powell stated that the business is required to have a business license, so what they sell would have to be under the purview of the business license: i.e. if their license is for retail sales then what they sell must be retail sales, even if what they are selling at their "booth" is not what they normally sell in their store. She emphasized that the code regulates the actual sale event and not the business license or what they are selling.

Council Member Schmitt said what he is seeing is people who are in the business of service or retail selling alcohol at special events three or five times a year when there are other people in the business of alcohol sales 365 days a year and they are taking advantage of the opportunity to make money on a special event. Ms. Powell stated they would be required to have a liquor license to sell alcohol and it is in addition to a regular retail business license and she said in the particular situation that Mr. Schmitt was referring to, the vendor does have an alcoholic beverage package license.

Council Member Schmitt asked if we could get a report on all the people who are allowed to sell alcohol up and down Victorian Square because his phone was ringing off the hook the past couple of months with complaints about this vendor or that vendor setting up a booth in direct competition to the existing businesses.

Ms. Powell noted that this issue had not come up when the ordinance was drafted; however, when it was before the Planning Commission, staff proposed that when they applied for a temporary use permit in the Victorian Square area, that the permit is concurrent with the event downtown and also that the 28 days is waived if the events are closer together. She said an applicant could pick any three days of the week for their three day permit and that becomes very difficult to enforce when the event is longer than three days. Council Member Schrnitt said he agreed that there should be business opportunities, but he is concerned about people doing another type of business outside their normal course of business. Ms. Powell stated that she will work with the Business License Department to get the information requested.

Council Member Mayer asked if this code amendment would allow businesses to have motor home sales in the Reed High School Parking Lot on the weekends. Ms. Powell said they would need to apply for a permit, but yes those types of sales would be allowed.

Council Member Mayer also asked about a recent court ruling regarding selling of original art in parks. After some discussion, it was noted that this fell under the free speech component of the law and that the decision was that original paintings by the original artist are be exempt from the requirements for licensing and permitting (in

Page 11 of 13


Victorian Square and also in city parks); so a person can sell their own original art, but they can't sell a copy of that art or someone else's original art.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of September 24,2007.

6.7 Time: 4:14:02 p.m. Possible Motion to Council Member Canigan asked, for the record, if this was a secret Adjourn to a Closed meeting. Senior Assistant City Attorney Tom Riley noted that this Door Session was not a secret meeting and that it was specifically allowed by the

Open Meeting Law and according to NRS the Council is required to adjourn to a closed door session.

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to adjourn to a closed door session to receive information from the City Attorney's Office regarding litigation in the matter of Gorbet V. Martinez, et. al, which is within the control and jurisdiction of the City Council (NRS 241.01 5(2)(b)(2). Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Recess Time: 4:15:38 p.m. The meeting was recessed to allow Senior Assistant City Attorney Tom Riley to provide the Council with information regarding litigation. The meeting was resumed at 4:39 p.m.

6.8 - Time: 4:39:33 p.m. Approval of a An agenda item fiom Senior Assistant City Attorney Tom Riley Settlement in the recommending the City Council consider the possible approval of a Gorbet V. Martinez, settlement in Gorbet v. Martinez, et. al, Case No. CV05-02614 in the Et Al Case Second Judicial District Court. This lawsuit arose from an accident on

November 28, 2003 in which Victor Martinez, who was fleeing from the Sparks Police in a stolen car, crashed at high speed into a car being driven by 23-year old Stacy Gorbet, a Sparks resident. Ms. Gorbet suffered two broken vertebrae and may need to undergo future surgeries. Victor Martinez was arrested at the scene and later convicted of a felony. He is currently in Nevada State Prison. The settlement will deny liability or wrongdoing and all defendants will likewise deny any negligence by the police officer. A full release of all claims (past, present and future) will be signed by the plaintiff.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve a settlement in the amount of $40,000. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSTAIN. Motion carried.

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7. Public Hearings and Action Items Unrelated to Planning and Zoning NONE


9. - Time: 4:40:35 p.m. Comments from the None. Council and City Manager

10. - Time: 4:40:43 p.m. Adjournment There being no fiu-ther business, the meeting was adjourned at 4:40

p.m.

Mayor

City Clerk >>>

Page 13 of 13

REGULAR MEETING OF THE SPARKS CITY COUNCIL August 27: 2007 3:00 p.m.

1. - Time: 3:02:39 p.m. Call to Order The regular meeting of the Sparks City Council was called to order by



Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt (present via phone until 4:48 p.m.), City Manager Shaun Carey, Acting City Attorney David Creekman, PRESENT.

Staff Present: Andy Flock, Wayne Seidel, Marc DeLaTorre, George Graham, Rick Bareuther, Steve Driscoll, Brian Bessette, Margaret Powell, Karen Melby, Doug Thornton, Helen Elliott, Adam Mayberry, Summer Pellett, Victor Villarreal, Tim Thompson, Rob Joiner, Kathy Clewell, Chris Syverson, John Dotson, Neil Krutz, Chet Adarns and Karen Todd.

Invocation and Time: 3:02:33 p.m. Pledge of Allegiance The invocation was given by Pastor Barb West, substituting for Pastor

0 Brad Dyrness, of Sparks I " Church of the Nazarene and the Pledge of Allegiance was led by Information Technology Manager Rick Bareuther.



adding items which require action upon a frnding that an emergency exists. Item 6.2 was withdrawn from the agenda.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 3:06:13 p.m. Approval of the A motion was made by Council Member Mayer, seconded by Council Minutes Member Salerno, to approve the Minutes of the Regular Meeting of

August 13, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 1 of 24

Minutes of the Regular Meeting of the Sparks City Council for August 27,2007

8. Planning and Zoning Public Hearings andlor Action Items (Taken out of order so that Council Member Schrnitt may participate by phone from New Zealand):

Time: 3:06:43 p.m. Council Member Carrigan disclosed that Carlos Vasquez, a consultant for Red Hawk Land Company, is a personal friend and has also been his Campaign Manager. He also disclosed that as a public official he does not stand to reap either financial personal gain or loss as a result of any official action he takes this afternoon, therefore, according to NRS 281 -501, he believed this disclosure is sufficient and he will be participating in the discussion and voting on these items.

Council Member Salemo stated he discussed this issue with his personal Attorney and also with the Ethics Commission because of the pending litigation by the Sparks Nugget and residents against the City of Sparks and he is named in that law suit, he wanted to disclose that his company does business with John Asquaga's Nugget.

Mayor Martini stated he would not be voting on any issues today; however, he also wanted to disclose that Mr. Carlos Vasquez is a personal friend and he also runs his campaign, but he will not receive any financial benefit from any actions taking place at this meeting.

8.1 - PCN05072, Red Hawk Land Company, P.H. and Approval of the Tentative and Final Planned Development Handbook Amendment for Wingfield Springs (To Remove Resort CasinoIHotel)

Time: 3:08:41 p.m. An agenda item from Planning Manager Karen Melby recommending the City Council conduct a public hearing and approve the tentative and final planned development handbook amendment for Wingfield Springs to remove resort casinohotel.

Ms. Melby noted that this request to review and possibly approve the tentative and final planned development handbook amendment for Wingfield Springs. She said the amendment is to remove any reference in the handbook to resort casinohotel land use from the Wingfield Springs Planned Development Handbook. She said the amendment eliminates the allowed use of the casino, retaining the resort complex land use. She stated the changes are minor and do not affect the integrity of the overall community of Wingfield Springs.

Ms. Melby then reviewed the Planned Development Findings as follows:

The amendment does not change the master plan or commercial uses and is the removal of a land use, so is consistent with PD findings 1 and 2.

This amendment does not change the land use patterns, need for homes, affect the flexibility of the plan, change the density or bulk, which makes it consistent with findings PD3, PD4, PD5, PD6 and PD7.

This amendment is eliminating a land use, so it does not depart fiom

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the zoning and subdivision regulations and does not affect the ratio of residential to non-residential, making PD findings 8 and 9.

This amendment will have no affect on the open space, making findings PDl 0, PD I I and PD12.

There will be no change to the public services and vehicular control as a result of this amendment, which makes it consistent with findings PD13 and PD14.

Finding PD15 provides for light, air, recreation and visual enjoyment, which this amendment will not affect.

The removing of the casino will benefit the community, making finding PD 16.

Wingfield Springs Planned Development is just about built out and there have been numerous amendments to this planned development over the years, which makes finding PD 17.

The amendment is consistent with the Master Plan and surrounding land uses, which makes findings PD18 and PD19.

The proper notice has been given, which makes finding PD20.

The modification to the Wingfield Springs Planned Development furthers the interests of the City and the residents by removing the casino land use, preserving the integrity of the plan, which makes finding PD2 1.

Ms. Melby stated that it is the staffs opinion that the tentative and final is consistent and the proposed amendment is minor in scope, therefore they are recommending that the City Council review and approve the final handbook. She stated the amendment does not vary the proposed gross residential density or intensity of the planned development because the amendment is associated with a minor, administrative, change to the approved planned development handbook for Wingfield Springs. It does not vary the proposed ratio of residential to non-residential use and is only the removal of a specific land use. It does not substantially reduce common open space area or substantially relocate such areas because the amendment is deleting a casinolhotel use. It does not substantially increase the floor area proposed for non-residential uses because the resort use was originally a component of the handbook and this amendment is a change in the land use designation, removing the casino. It does not substantially increase the total ground area covered by buildings or involve a substantial change in the height of the buildings because the

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)f the Regular Meeting of the Sparks City Council for August 27, 2007

amendment is associated with a minor change in wording, removing a particular land use. Staff is recommending approval of the tentative and final handbook. I a Mr. Carlos Vasquez, representing the applicant, stated that Red Hawk Land wanted to go on record as concurring with staff and all of their findings, following along with the September I , 2006 agreement to remove the casino element from Wingfield and move it to Tierra Del Sol.

Council Member Salerno asked if the Council was going to hear all three items and take comment on all three items and then come back and vote on them or if they had to vote on each item and then go to the next. Acting City Attorney David Creekman said the Council could certainly do it that way; although he believed the staff, and the way the agenda is worded anticipates the Council handling each item fully and then moving onto the next item. But, the Council could certainly deal with all three and then take an individual vote on each item, after they have concluded their review. Council Member Salerno said his concern was that there was going to be some comments and testimony made and if they voted on yes on one part, they might not want to vote yes on another part. Council Member Smith said he would just as soon vote individually. Council Member Mayer said he would rather hear all the items and then vote on each one separately. Council Member Carrigan and Schmitt said they had no preference. Mr. Creekrnan said the Council would need vote to modify procedures.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to hear each item (8.1, 8.2 and 8.3) in whole, with comments, and then bring each one back for deliberation and vote by the City Council. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, NO. Motion Carried.

Mayor Martini opened the public hearing on ltem 8.1 and began calling names from the comment cards that had been turned in.

Ms. Janae Maher, 5635 Grasswood Drive, did not wish to speak, but was opposed to any change in the handbook that would allow a casino on the Pyramid Highway.

Ms. Jeanie Adams, 5655 Grasswood, did not wish to speak, but was opposed to a change in the handbook which would allow the casino on Pyramid Highway. ~ ~ Mr. William Brainard asked to reserve his comments until item 8.2, stating he was in favor of the change.

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Minutes of the Regular Meeting of the Sparks City Council for August 27, 2007

Mr. Roy Adams, 5655 Grasswood, stated he lived across from the property where a casino was proposed and he had no objection to taking the casino out of Wingfield, but felt that moving it to the Pyramid Highway was not good for his neighborhood.

Mr. Ted Krembs, 7440 Livi Court, spoke against removing the casino element from this handbook and placing it in the Tierra Del Sol handbook. He said when he purchased his home, the property was supposed to be developed commercial, and he welcomed commercial, but not a casino.

Mr. Steven Peak, 5441 Kjetzke Lane #200, representing the Nugget, asked that Council Member Carrigan disqualify himself because of the probable cause findings by Ethics Commission and the upcoming hearing. He spoke in favor of the removal of the casinolhotel resort designation from the Wingfield Springs handbook; but not to remove it because they could not develop it in Wingfield but because they chose not to develop it in Wingfield Springs.

Larry Harvey, 2187 Milano Drive, asked to reserve his comments to Item 8.2.


Time: 4:39:40 p.m. Council Member Mayer stated he would be voting yes on this item because he did not feel Wingfield Springs needed a casino, just like Tierra Del Sol did not need a casino.

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to approve the tentative and final planned development handbook for Wingfield Springs Planned Development associated with PCN05072, based on the findings PDl through PD21 and as the final handbook is in substantial compliance with the City council's action on the tentative approval for the planned development and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salemo, Smith, Carrigan, Schmitt, YES. Motion carried.

8.2 - Time: 3:26: 10 p.m. PCN07050, Red An agenda item from Planning Manager Karen Melby recommending Hawk Land the City Council conduct a public hearing and approve Bill No. 2554 Company, by title, an ordinance approving a development agreement providing Reading and P.H. on for the transfer of certain unused development approvals (Red Hawk Bill No. 2554, Land Company, LLC) from the Wingfield Springs Planned

a Adopting a Community to the Tierra Del Sol Planned Development; setting forth Development the relative rights and responsibilities of the parties in the development

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)f the Regular Meeting of the Sparks City Council for August 27, 2007

iena of the Tierra Del Sol Planned Development, including the developer's commitments to the City of Sparks with respect to the Tierra Del Sol Planned Development.

Ms. Melby stated this item was a request for approval for the development agreement intended to accompany the final planned development handbook for the Tierra Del Sol Planned Development. She stated that on August 23,2006, the Sparks City Council denied the tentative planned development handbook for Tierra Del Sol. The Council based their decision on the finding that the project was not in the public interest. She said that on August 25, 2006, Red Hawk Land Company, LLC, filed a complaint for a breach of contract, breach of covenant of good faith and fair dealing for judicial review in the Second Judicial District Court. A stipulation, judgment and order between the City Council and Red Hawk Land Company, LLC was signed on September 1 , 2006. There were 43 stipulations and reaffirmation of commitments to the community which are in a development agreement.

Ms. Melby explained that as part of the order, it was directed that a development agreement reviewed and approved by City Council, and this is the development agreement that the Council is reviewing today. She explained that the general components of the agreement include: Capitalized terms - except as otherwise specified herein, shall have meaning assigned thereto in the development agreement; Supplemental Development Agreement - in which the City agrees to enter into this development agreement to provide the transfer and use of the unused development approval outside Wingfield Springs Planned Community within the City; Unused Entitlement - defined as not constructed a resort hotel/casino or 220 resort condominium units; Resort Development - the owner agrees that the Lazy 8 and Red Hawk Golf Course will be marketed in a complimentary manner on a joint basis emphasizing the resort-style development; Transfer of Entitlement - as originally promised by the City under the Development Agreement permits the owner to transfer its unused resort hotel/casino entitlement to the owner's of the Tierra Del Sol property; $300,000 Contribution - the owner agrees to contribute $300,000 toward developing an area which will include a certain proportion of affordable housing; Community Services Facility - the owner agrees to contribute a community services facility in the Tierra Del Sol Planned Development of approximately 4,800 square feet in size fiom which the City may, in its discretion, undertake to provide municipal services; Arbitration - any controversy or claim between or among the parties arising out of or relating to this Agreement shall at the request of any party be determined by arbitration.

Page 6 of 24


Ms. Melby noted that the development agreement has been reviewed and approved by both the city Attorney's Office and Red Hawk Land Company and that the agreement is allowed per NRS278 and the Spark Municipal Code. She stated that during the public hearing before the Planning Commission, the Planning Commission recommended a change in the wording for Section 2C, on page 4 of the development agreement, removing the following text: "as originally promised by the City under the Development Agreement and consistent with the implied covenant of good faith and fair dealing contained therein". She stated that during the public hearing the applicant's attorney was supportive of this change. She stated that Staff and the Planning Commission is recommending approval of this development agreement, with the change in wording in Section 2C.

Council Member Carrigan asked why the Planning Commission wanted to take out that line out of the development agreement. Ms. Melby stated they were uncomfortable with wording because it implied a commitment by City.

Mr. Carlos Vasquez, representing the applicants, reminded the City Council about the legal remedies regarding this issue, stating that time and time again the City Attorney and Red Hawk's attorneys have prevailed in this litigation. He said they have no problem with the change in wording and they support the Planning Commission's decision.

Mayor Martini then opened the Public Hearing 8.2, and the following people spoke:

Mr. Ted Krembs, 7440 Livi Court, renewed his objections to a casino element within Tierra del Sol Planned Development.

Ms. Janae Maher, 5635 Grasswood Drive, did not get up to speak, but said she was opposed to the casino from her seat in the audience.

Ms. Jeanie Adams, 5655 Grasswood, did not get up to speak, but said she was opposed to the casino from her seat in the audience.

Mr. Robert Bertschinger, 832 Olancha Court, did not get up to speak, but said he was opposed to the casino from his seat in the audience.

Ms. Shirley Bertschinger, 832 Olancha Court, asked to speak under Item 8.3.

Mr. William Brainard, 7326 La Costa, also asked to speak under Item 8.3.

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~f the Regular Meeting of the Sparks City Council for August 27,2007

Mr. Jeff Austin, 7555 Pyramid Highway, a Pastor to Teen Challenge International, said their facility is located across the street from where this facility will be located. He said they have been changing the lives of youth since 1999 and he felt that once a casino was built, their work with young people, at this location, would end, because it is hard to work with kids with problems when they are looking at it right across the street.

Mr. Roy Adarns, 5655 Grasswood, said once again he is asking for consideration for the home owners. He said he has been told that if he doesn't want to live next to a casino, then move, but with home values down, they can't sell their homes because of the market and no one wants to buy because of the anticipated casino.

Mr. Steven Peak, representing the Nugget, again requested Council Member Carrigan to disqualify himself from participating in this decision and he asked the Council to vote no on this proposed ordinance, stating there was no agreement and that this was not a judgment compelling the City to approve this agreement. He asked the Council to delay their decision until all legal proceedings are over.

Mr. Larry Harvey, 2187 Milano Drive, said that he worked for John Asquaga's Nugget and that he is a resident of Sparks, as well. He said this is being presented to the Council by the Attorney as a stipulated agreement and a done deal, but he felt that comments made by the previous Mayor and Council Members (who were serving at the time the original handbook was approved) indicated that this was not the intent when Wingfield Springs was first approved. He said he felt this agreement bypassed the normal process for approval and robbed the citizens of any input into the development.

There being no further comments, the public hearing was closed.

After the presentation of items 8.2 and 8.3 and conducting public hearings on both those items, the Council then discussed all three items and then voted separately on each item. The discussion is listed as follows:

Council Member Salerno asked Acting City Attorney Creekman to clarify why this approval was being brought before the Council before all the issues and litigation involved with this project were resolved.

Mr. Creekman noted he issued a legal opinion on behalf of the Planning Commission on August 2nd and forwarded it to Council Wednesday or Thursday of last week. He said the issues before the City Council today and the lawsuit from which Item 8.3 arose is an entirely different case from the case which is now on appeal to the

Page 8 of 24


Nevada Supreme Court. With respect to 8.1, the standard of review that the City Council employs is entirely different from that employed with respect to Item 8.3. It is a planned development, tentative and final approval, which under Nevada law, implicates an entirely different set of considerations from those that are to be considered with respect to Item 8.3, which is the Tierra Del Sol matter. He went on to say that if 8.3 had come in not in substantial compliance with the previously approved tentative hand book, then the Council would be setting the clock back and reviewing all those considerations the Statutes obligate the Council to review at the time of tentative approval, including questions related to the project's compliance with the Master Plan. However, that is not at issue today with item 8.3. The Council is limited, statutorily, to the five items which Ms. Melby enumerated upon. He said as far as the proceeding before the Ethics Commission, irrespective of the outcome of that proceeding, that will have, in his estimation, no bearing on anything the City Council is doing today or on anything the City Council did last August 231d because the City Council Member who is subject to the Ethics Commission proceeding was not on the winning side of the vote which occurred on August 2, 2006. He commented that this, from his perspective, makes the Ethics Commission proceeding somewhat peculiar.

Mr. Creekman said in response to the Council's question of why are we messing around with these agenda items today when there are all these other pending actions out there, he has to say that although they may be related in the sense that it is the Tierra Del Sol project or the Wingfield Springs project, they arise from different cases and the Council doesn't worry about taking action which will run afoul of any existing judicial order or any judicial proceeding. He emphasized that any action taken with respect to the Tierra Del Sol matter will not impact the law suit now pending in the Nevada Supreme Court because the standards of review are entirely different and the cases are entirely different.

Council Member Mayer asked if we can postpone this until after the Supreme Court decision. Mr. Creekman stated that Judge Adams, in the Stipulation Judgment and Order, obligated the City to conduct its final consideration in accord with terms recommended by staff last August and one condition recommended by staff was that the applicant come back for final review within one year. This is the reason the applicant is before us today, just short of that one year deadline. He said he would have to look at status to see if there was some opportunity to enter into some sort of agreement with the applicant, if the City Council were inclined to continue this, but, once again, his legal advise is that there is no contradiction between the City Council act today and any pending judicial or administrative action.

Page 9 of 24

3f the Regular Meeting of the Sparks City Council for August 27,2007

Council Member Mayer asked why this project did not have to go through the Regional Planning process. Ms. Melby stated that the original approval of the Tierra Del Sol handbook did go before Regional Planning and when this project came in, the actual proposed project has less traffic generation that then original approval, so Regional Planning felt it did not have to return to Regional Planning. Council Member Mayer asked if the casino went through Regional Planning. Ms. Melby responded that there was no Master Plan amendment so the casino did not have to go through a conformance review. Mr. Creekman further clarified that in 1994 the original Winfield development, with the casino element, did go through Regional Planning and a Tourist Commercial node in Spanish Springs was sanctioned at that time. He said with, from the accompanying understand that it could be moved if it was unused. So yes, there was a review by Regional Planning in 1994, with the casino in the Spanish Springs Valley. Ms. Melby said when Regional Planning reviewed the Northern Sparks Sphere of Influence (NSSOI) Plan, it was planned that there would be a casino in the Spanish Springs valley. Council Member Mayer asked if the review was site specific. Ms. Melby responded no. Council Member Mayer said he wanted to know why this site, as a casino, did not have approval of the Regional Planning, when other projects of significance had to go through that process. Mr. Creekrnan clarified that what did go through Regional Planning was the NSSOI Plan, which envisioned a Tourist Commercial node in Spanish Springs in accord with that plan, meaning that it could be located along a major arterial. He said that is what Regional Planning blessed, the conceptual idea, with the accompanying text that indicated a casino development, should one occur, would occur (to use the language of the then effective Master Plan) along a major arterial, which at the time included the Pyramid Highway, the 1-80 corridor and Vista and Sparks Boulevard, although all those years ago Vista was not as major a corridor as was the Pyramid Highway.

Council Member Mayer asked if any other casinos can go in this area, or is it limited to this casino. Mr. Creekman stated no other potential casino operator, who wants to operate a casino in Spanish Springs has the benefit of transferable development rights like this operator has and because the Master Plan has subsequently been modified to disallow the location of casinos anywhere other than along the Interstate 80 corridor, it the question becomes moot. .. there will be no other applicant similarly situated, absent a Master Plan amendment, that can build in the Spanish Springs Valley. He said this is not a special action to accommodate this applicant; it is a unique series of events or occurrences than wound up in such a way as to permit this applicant to take advantage of the status of the Master Plan back in 1994, when the development agreement was entered into and when the

Page 10 of 24


entitlement was issued for a resort hotellcasino in Wingfield Springs. He said unless the City Council enters into another development agreement permitting a transferrable development right elsewhere within the City of Sparks and unless the City of Sparks unexpectedly extends out to the east along the lnterstate 80 corridor, this situation won't recreate itself again. He said it will most likely not repeat itself in Spanish Springs, absent a Master Plan amendment. He said the 1994 development agreement essentially froze in time land use authorizations and entitlements as they existed in 1994 and it did so to the benefit of the applicant (Loeb enterprises). Council Member Mayer said so Regional Planning didn't say it had to be built where the entitlement was (Wingfield Springs), but that they could build anywhere. Ms. Melby stated yes, but only within the NSSOl plan, and some portions of the Spanish Springs Valley are not in the NSSOl plan. Council Member Mayer asked if they could have build along Disc Drive. Ms. Melby stated that Disc Drive is not in the NSSOl plan area. Council Member Mayer asked where they could have taken it. Ms. Melby apologized that she didn't have a map, but she believed that the NSSOl started north of the Disc Drive area and it did not include the Flora Springs Area. She clarified that Flora Springs was originally was an approved planned development handbook for mostly residential, which was amended a few years ago and this is where Sparks Galleria and where Los Altos and Disc were extended through to Pyramid. Council Member Mayer asked if it could have been built on Sparks Boulevard. Ms. Melby said possibly toward the Pyramid Highway, on the Kiley property at the intersection, but that is not where they are proposing to locate it.

Council Member Mayer stated he just did know why the developer just didn't go through the complete planning process and put a lot of people's concerns to rest. He asked if there was anyhng to prevent them from going through the Regional Planning process. Mr. Creekman stated he believed the applicant feels that they did go through the process and they did so back in 1994. Mr. Vasquez said was their belief that they did go through the proper processes.

Council Member Mayer commented that he is not saying that the perception is right or wrong, but the perception is out there that they didn't go through everything other developers have to go through.

Council Member Salerno asked if the transfer of entitlement, "as originally promised by the City" mean the City made this promise back in 1994. Ms. Melby stated it was promised in the original development agreement, in 1994.

Council Member Schmitt asked what if the decision by the District Court is overturned by the Supreme Court, where do we go from there.

Page 1 1 of 24

)f the Regular Meeting of the Sparks City Council for August 27,2007

Mr. Creekman asked if he meant the decision was that the District Court has no jurisdiction over the matter. Council Member Schmitt said yes, that was what he meant, because if he was correct, the decision in the District Court is different from the actual case. Mr. Creekman said the issues before the Supreme Court don't come close to the merits of this and deal with questions of whether extraordinary writ relief can be coupled with a legal remedy of a petition for judicial review; whether extraordinary writ relief is available to compel the performance or executive and discretionary acts; whether one department of a court has appellate jurisdictions over the decisions over another department of the district court, contrary to express language in Nevada's Constitution; whether there were statute of limitation problems, whether there were procedural problems faced by the petitioners in the case and whether the court's decision to deny a motion to reconsideration of its consideration of all those threshold jurisdictional issues was proper or in proper. Mr. Creekman emphasized that the issues before the Supreme Court have no bearing on the merits of the underlying decision that is before the City Council today or that was before the City council last August and September and what the Council does today will have no bearing on the Supreme Court action.

Council Member Schmitt asked if the plaintiff loses, is there another court they can go to or is it the end of the road for this lawsuit. Mr. Creekman stated unless there is a federal question involved or unless there is what is referred to as diversity jurisdiction, there would be no Federal court jurisdiction. He said he suspects with the passage of time there would be a significant statute of limitations faced by the petitioners in this case.

Council Member Schrnitt asked if it was possible that no matter what we do today, this will be tied up in the courts for a long time. Mr. Creekman stated it is possible, but whether the Council approves or disapproves these agenda items, it opens up another doorway into the courts system; however, the Council needn't take action out of any fear that what they will be doing will run afoul of additional or new judicial action. He stated the Council has statutory criteria against which they have to review this application and as long as they act as a City Council in accord with the evidence, as it has been presented, he is confident they will have a smooth landing.

Time: 4:41:02 p.m. A motion was made by Council Member Carrigan, seconded by Council Member Smith, to adopt Bill No. 2554 (Ordinance No. 2374), approving a development agreement for Tierra Del Sol Planned Development associated with PCN07050, removing the wording fiom 2C, "as originally promised by the City under the development

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8.3 PCN05073, Red Hawk Land Company, Final Approval of the Development Handbook for Tierra Del Sol

agreement and consistent with the implied covenant of good faith and fair dealing contained therein", and the facts supporting these findings as set forth in the staff report. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, No. Motion carried.

Time: 3:45:27 p.m. An agenda item from Planning Manager Karen Melby recommending the City Council conduct a public hearing and approve the final planned development handbook for the Tierra Del Sol Planned Development.

Ms. Melby noted that this was a request for review and approval of the final planned development handbook amendment for Tierra Del Sol which means determining that it is in substantial compliance with the tentative handbook, which was approved by the City Council on September 20,2006.

She noted there were minor changes to the handbook from the tentative to final and include:

Administrative changes that updated the handbook text. There were examples of things that were outdated in the handbook so staff updated them to current conditions.

Other changes define the project in more detail with revisions in the architectural elevations, a material board, a preliminary landscape plan and re-design of the road network, based on the current plans for Stonebrook Parkway and Pyramid Highway.

Also included are conditions which are typically put on Special Use Permits: delivery hour's restrictions, parking and maintenance lot restrictions, construction hours, lighting restrictions, set backs and other things that are typically addressed in Special Use Permits.

Ms. Melby stated the supplemental information submitted with the final handbook was also included -- a preliminary and drainage, sewer report, drainage report and updated traffic analysis. She stated that based on the standards listed in the Sparks Municipal Code and the NRS, staff is of the opinion that the design standards and regulations in the handbook for the Tierra Del Sol in is substantial compliance with the tentatively approved development plan as approved by the City Council.

Ms. Melby noted that the final handbook does not vary the gross residential density or intensity of the planned development. The final handbook changes do not alter the density or intensity of the

Page 13 of 24


residential land uses. She said the tentative handbook altered the allowed land uses in the commercial designation and the final handbook maintains the density and intensity and also provides more detail. She stated the next stipulation that we must look at today for approval of the final handbook is that it does not vary the proposed ratio of residential to non-residential. She said the final handbook does not change this ratio and the changes in the final handbook provide more specifics on the development of the project, while maintaining the intensity of the proposed resort casino/hotel and the associated commercial uses.

She stated it does not substantially reduce the common open space area or substantially relocate these areas. There is no change between the tentative and final handbook and the final handbook actually refines the open space as the landscaping area around the hotel/casino and cornercia1 uses provides a 50 foot landscape buffer along the Pyramid Highway.

Ms. Melby stated the next criteria is that it does not substantially increase the floor area proposed for non-residential. She said the final handbook does not change that the casino will be 18,000 square feet, there will be a multi-plex movie theater, hotel rooms, a parking garage and a public facility building that are proposed in the tentative handbook.

The last criteria, she stated, is that it does not substantially increase the total ground area covered by buildings or involve a substantial change in the height of the buildings. She said the architecture for the casino has changed fiom the tentative handbook; however the building foot print, or square footage, remains the same. The building height remains the same as proposed in the tentative handbook, which is not exceeding 90 feet high. The total ground area covered has actually been reduced because relocation of the parking garage and main entrance into the parking garage, due to the plans by NDOT for the pyramid Highway (turning it into a freeway in the future).

Ms. Melby stated that based on the standards listed in the SMC and the NRS, Planning staff are of the opinion that the design standards are in substantial compliance with the tentatively approved handbook for Tierra Del Sol.

Council Member Mayer said he did not notice any review by RTC on the changes to Stoneybrook Drive and the Pyramid Highway. Ms. Melby responded that RTC did not provide any written comments regarding the changes, however, staff worked cooperatively with RTC with regard to their future plans for the Pyramid Highway. Community Development Director Neil Krutz noted that RTC

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normally does not comment on final handbooks; they comment at the tentative stage, which is what the Council usually sees. He assured the Council that staff did work with RTC with regard to preserving future right of way for the Pyramid Highway, and this is why buildings were relocated and the roadway was changed.

Mayor Martini then opened this item up for public comment, as follows:

Ms. Shirley Bertschinger, 832 Olancha Court, spoke in opposition, stating that the Council was being asked to approve a final handbook without a Master Plan Amendment and this project did not conform to the current Master Plan and it should not be approved without first going through the Regional Planning process. She said there is a difference between unused development credits and an unused entitlement and stated the Council is being misled, because they have every right to refuse to approve this project. She asked Council Member Carrigan to recues himself from the discussion and vote on this issue and she asked the Council to table a decision on this item until the Supreme Court has ruled on the litigation involved with this project.

Mr. Louis Dauria, a member of the Wingfield Springs Homeowners Association and the Citizens Advisory Committee, stated that aside from whatever else is going on, the Council has disclosed any personal involvement they may have with persons involved in these issues and he said that it was now time to vote.

Mr. William Brainard, 7326 La Costa, spoke in favor of approving this handbook, stating we benefit in Nevada by not having a state income tax because we have casino's and resort properties. He said let's stick to the facts and stop the name calling.

Mr. Carlos Vasquez discussed the positive things this project will bring to the area: it will be the first hotel in the Spanish Springs Valley with 200 rooms, servicing 30,000 people; it will bring multiple new restaurants to the area; it has only 18,000 square feet of gaming; and 14 movie theaters. He noted that they still had to go through a site plan review and that they have adapted this project multiple times because of input they have received fiom the project. He noted that it was very expensive for them to give up the required land for the Pyramid right of way plans.

Mr. Roy Adams, 5655 Grasswood Drive, stated that yes, there are some positive aspects to the project, but they need to leave the gaming out.

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There being no further comments, the public hearing was closed. Tape: 4:41:49

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to approve the final planned development handbook Tierra Del Sol Planned Development associated with PCN05073 as the handbook is in substantial compliance with the City Council's action on the tentative approval for the planned development and the facts supporting these findings as set forth in the staff report. Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salemo, NO. Motion carried.

4. Announcements, Presentations and Recognition Items and ltems of Special Interest:

4.1 - Time: 4:48:26 p.m. Presentation on the Mr. Tim Smith gave a power point which showed the type and number RSCVA from Tim of "rooms" within Washoe County and the numbers and methods of Smith room tax collection and how the room taxes are distributed.

4.2 - Time: 5:02:20 p.m. Progress Report on Mr. Bill Whitney gave a power point explaining how the Open Space Washoe County Open Plan was created and the steps that have been taken to implement the Space and Natural plan. Resources Management

4.3 - Time: 5:17:51 p.m. Announcement Senior Planner Victor Villarreal announced The Sparks Plan Regarding the Master Community Vision Workshop series to be held September 25 through Plan Community 27,2007 and encouraged everyone to attend and provide input into the Visioning Reception City of Sparks Master Plan Update process. and Workshop

5. Consent ltems: Time: 5:20:55 p.m. A motion was made by Council Member Mayer, seconded by Council Member Salemo, to approve Consent Items 5.1 through 5.8. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion carried.

5.1 - An agenda item fiom Finance Director Tom Minton recommending Report of Claims and approval of the Report of Claims and Bills approved for payment and Bills the Appropriation Transfers made since the last regular Council

Meeting for the period covering July 26,2007 through August 8,2007.

5 -2 - An agenda item fiom Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application fiom Mr. Kalwant Singh Sidhu, Package License for 9775 Rock River Drive, Reno, for an Alcoholic Beverage Package Sidhu's Mini Mart License for Sidhu's Mini Mart #82369, located at 2240 Victorian

Page 16 of 24


#82369,2240 Avenue. This will be Mr. Sidhu's first liquor license in Sparks. The

@ Victorian Avenue license will provide a $700.00 annual fee: plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 An agenda item from Police Chief John Dotson recommending the Dining Room Wine City Council approve an application from Ms. Charlotte Ann Daly, and Beer License for 138 Cercle de Cerese, for a Dining Room Wine and Beer License for Sparks Black Bear Sparks Black Bear Diner, LLC, located at 235 N. McCarran Diner, 235 N. Boulevard. Ms. Daly is the manager of the diner and this will be her McCarran Blvd. first liquor license in Sparks. The license will provide a $500.00

annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.4 On Premises Alcoholic Beverage License for Genghis Grill, 121 Los Altos Parkway # 107 & #lo5

5.5 - On Premises Alcoholic Beverage License for Sunset Lanes, 670 Greenbrae Drive

5.6 Gaming License for Gold Long's Drug Store #121, 1410 East Prater Way

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Taren Jagdish Desai, 1425 Wheeler Peak Circle, for an On Premises Alcoholic Beverage License for TJD Investments, LLC, doing business as Genghis Grill - The Mongolian Stir Fry, located at 121 Los Altos Parkway # 107 and #105. Mr. Desai is the managing member of TJD Investments and this will be his first liquor license in Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item fiom Police Chief John Dotson recommending the City Council approve an application from Mr. Michael John Caouette, 2629 Chaucer Street, for an On Premises Alcoholic Beverage License for Sunset Lanes, Inc., located at 670 Greenbrae Drive. Mr. Caouette has purchased the business formerly licensed as Greenbrae Lanes and this will be his first liquor license in Sparks. The license will provide a $1,000.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application fiom Mr. Steven Francis McCann, 1019 McCauley Road, Danville, CA 94526, for a Gaming License for Long's Drug Store # 12 1, located at 14 10 East Prater Way. Mr. McCann is the EVP, CFO and Treasurer of Long's Drug Stores California and currently holds several gaming licenses for Long's Drug Stores in Sparks. The license is for fifteen upright, multi- denominational slot machines and will provide a $1,800.00 annual fee, contingent upon inspections and approvals from various agencies as stated in the staff report.

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5.7 - Acceptance of a Donation from Big Apple Pizza Parlor to the Sparks Police Department

5.8 Acceptance of a Grant from the Helen Close Foundation to the Sparks Fire Department


6.1 - Federal, State, Nevada League of Cities and/or Local Legislative Affairs Issues

An agenda item from Police Chief John Dotson recommending the City Council accept a donation of $1,323 from Big Apple Pizza to the Sparks Police Department. On March 10, 2007, the Big Apple Pizza Parlor at 720 Baring Boulevard conducted a fund raiser to support the Sparks Police Department and the Sparks Fire Fighters Association. Pizzas were made and sold by members of both organizations and the proceeds from the sale of the pizzas were split between the Police Department and the Fire Department. The Police Department will utilize the donation for general purposes yet to be identified.

Mayor Martini recognized Todd and Jeanine Morgan for their support of our public safety personnel.

An agenda item from Fire Chief Andreas Flock recommending the City Council accept a Grant in the amount of $48,600 from the Helen Close Charitable Foundation to the Sparks Fire Department. The grant will assist in acquiring two Polaris 2008 6x6 XP 700 vehicles, as well as related equipment and a defibrillator unit. These vehicles are emergency utility vehicles that will replace our aging golf carts. These vehicles are larger and ore durable than golf carts and can be used to transport patients, provide off road rescue, plow snow, and can be used in wild land fire situations.

Time: 5:23:56 p.m. An agenda item fi-om Government Affairs Manager Rob Joiner requesting that the City Council welcome City of Sparks' Federal Lobbyist Anya Graves and Local Lobbyist Rock Finseth, who were present at today's meeting to provide a summery of the most recent legislative actions affecting the City of Sparks.

Ms. Graves provided a written and verbal review on Federal legislation, noting that Sparks has received a number of "marks7', which could change, but offers hope for our water reclamation facility and the LDJ Community Center, among other projects.

Council Member Mayer asked about Block Grant Money. Ms. Graves stated she feels it will still be there next year and they will increase the funding slightly; however, the President has said he will veto any bills that are over budget, so she does not anticipate that the amount we receive will be that much more than what we received last year.

Mr. Finseth reviewed some key points from the 2007 Legislative Session and identified issues that will be tracked during the interim to the 2009 Session.

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1


0 - 6.2 An agenda item from Community Development Director Neil Krutz Approval of recommending the City Council approve the renaming of Shoppers Renaming of Way to Lamberti Way. Shoppers Way was constructed within the Shoppers Way to development of Sparks Galelria. The request was made by Judge Lamberti Way Kevin Higgins to rename the street in honor of former Justice of the

Peace Jack Lamberti. This roadway will serve as the primary access to the new Sparks Justice Court, which is scheduled to begin construction this fall. Four property owners were notified of the request to rename the street and no objects were received. No parcels will be affected by this renaming.

After receiving some last-minute concern regarding this proposed name change, this item was withdrawn from the agenda to allow staff to mitigate those concerns.

6.3 Time: 5:42: 14 p.m. ResolutionNo. 3069 An agenda item fiom Housing Specialist George Graham Authorizing Transfer recommending the City Council adopt Resolution 3069, a resolution of City of Sparks' authorizing the Nevada Department of Business and Industry to 2007 State Volume transfer and allocate the City of Sparks 2007 State volume cap share of Cap Share $4,290,657 proportionally to the Nevada Housing Division (NHD) and

the Nevada Rural Housing Authority (NRHA). Each agency will receive bond allocations of $2,145,328 to assist with the implementation of their respective first time homebuyer programs in the Sparks community.

Mayor Martini asked why we were splitting the allocation. Mr. Graham stated it was because we received two applications, and last year we only received one letter of interest. He also noted that both applications were evaluated and they were very comparable, so the decision was made to spit the allocation evenly.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to adopt Resolution No. 3069. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion carried.

6.4 Time: 5:45:12 p.m. Agreement for the An agenda item fiom Public Works Director Wayne Seidel Formation of the recommending the City Council approve an Interlocal Agreement for Interim Western the formation of the Interim Western Regional Water Commission Regional Water between the City of Sparks, the City of Reno, Washoe County, the Commission Truckee Meadows Water Authority, the South Truckee Meadows

General Improvement District and the Sun Valley General • Improvement District, and that the City Council consider the appointment of Trustee(s) in support of implementing SB487.

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~f the Regular Meeting of the Sparks City Council for August 27,2007

Mr. Seidel stated this agreement will initiate the Western Regional Water Commission as directed by the State Legislature through SB487. He noted that the agreement has been approved by TMWA, the City of Reno and Washoe County and the South Truckee Meadows GIG is scheduled to adopt it shortly.

He said that once the interlocal agreement is signed and staff begins the discussions and working groups and appoint the elected officials, they will continue to develop the action plan for initiating the process and write the rules of engagement for creating the Western Regional Water Commission. He noted that TMWA appointed Mike Carrigan as the Sparks representative; Bob Cashell as the representative for Reno; and Bob Larkin for Washoe County.

Mr. Seidel stated staff is also asking that the Council appoint another representative from the City of Sparks. He noted that the City of Reno nominated and approved Mayor Geno Martini as the TMWRF, which is the gth joint representative for Reno and Sparks on behalf of the water treatment facility.

Council Member Carrigan asked who Reno appointed. The response was Reno Council Member Dave Aiazzi. He noted that he, John Mayer, and Phil Salerno all sit on the TMWA Board and they discussed the reason why Mayor Martini was elected as the TMWRF representative is because the bill was written in such a way that only City Council Members can representative the Cities and since Mayor Martini doesn't have a vote on the Council, they appointed him for TMWRF, so he could be part of the process. It was noted that Sparks still has to appoint one more representative (Council Member) to represent Sparks.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve the Interlocal Agreement. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion carried.

A motion was made by Council Member Carrigan, seconded by Council Member Salerno, to appoint Ron Smith as the representative fiom Sparks and Mayor Geno Martin as the representative fiom the Truckee Meadows Water Reclamation Facility (TMWRF). Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion carried.

gs and Action Items Unrelated to Planning and Zoning: NONE

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8. Planning and Zoning Public Hearinns and Action Items:

8.4 - 2nd Reading and Adoption of Bill No. 2552, PCN0703 1, Annexation and Bill No. 2553, Rezoning from Rl-40 toR1-7, a Special Use Permit and a Tentative Map for a development on 1.7 acres located at 4820 Wedekind Road

Time: 5:52:37 p.m. An agenda item from Associate Planner Summer Pellett recommending the City Council conduct a public hearing and approve:

Bill No. 2552, a general ordinance providing for the annexation of certain lands to the City of Sparks; lands more specifically described as Assessor Parcel Numbers 027-041-07 and 027-041 -01, a site approximately 1.97 acres in size, owned by John Metzker, located at 4820 Wedekind Road; providing for the addition to Table V of the Sparks Municipal Code "Annexations"; and providing other matters properly relating thereto; and

Bill No. 2553: a general ordinance providing for the annexation of certain lands to the City of Sparks; lands more specifically described as Assessor Parcel Numbers 027-041-07 and 027-041-01, a site approximately 1.97 acres in size, owned by John Metzker, located at 4820 Wedekind Road; providing for the addition to Table V of the Sparks Municipal Code "Annexations"; and providing other matters properly relating thereto; and

A Special Use Permit to allow for a development on a site with slopes greater than 10% over 25% or more of the site; and

A Tentative Map request to allow for a six lot single-family residential subdivision.

Ms. Pellet noted that item included an annexation request, a rezoning request, a special use permit request, and a tentative map request from John Metzker to allow for development of a 1.97 acre site located at 4820 Wedekind Road. She stated that the applicant is proposing to exceed his maximum allowable disturbed area per the SMC; however, he has demonstrated to staff that the additional grading provides for a better solution, which is permitted by Sparks Municipal Code. She stated the applicant is proposing to disturb a total of 1. 76 acres and staff believes this is a better solution because the applicant is proposing to provide landscaping on the six lots that will be adjacent to McCarran Boulevard, as well as meet his drainage requirements. She stated the site currently drains to the south.

Ms. Pellett stated the applicant is also proposing that the buyers landscape their front yards, which is included in the disturbed area calculations. She stated the applicant is proposing to deed restrict .21 acres of the site as open space so these custom lots would not be able to disturb that .21 acres.

Page 2 1 of 24


She noted that the lots will range in size from 8,491 square feet to 18, 869 square feet and this request is in conformance with the R1-7 zoning district standards. She said the applicant is proposing to sell five of the six lots for custom homes; however, the sixth lot currently has a single family residence on it and the applicant is proposing to keep that residence in tact, hoping that someone would purchase and renovate that property.

Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding this request. There being no comment, the public hearing was closed.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve Bill No. 2552 (Ordinance No. 2372), the annexation associated with PCN0703 1, adopting findings A1 through A4 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion Carried.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve Bill No. 2553 (Ordinance No. 2373), the rezoning associated with PCN0703 1, changing the zoning upon annexation fiom Rl-40 (Single Family Residential) to R1-7 (Single Family Residential), adopting findings Z1 through 23 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion Carried.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve the Special Use Permit associated with PCN07031, adopting findings S1 through S7 and the facts supporting these findings as set forth in the staff report, subject to the Conditions of Approval 1 through 5, as listed in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion Carried.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve the Tentative Map associated with PCN0703 1, adopting findings T 1 through T 12 and the facts supporting these findings as set forth in the staff report, subject to the Conditions of Approval 1 through 24, as listed in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion Carried.

Page 22 of 24


8.5 ~ e a d i n ~ and

Adoption of Bill No. 2555, PCN07039, Lazy Five Company, a Rezoning from A- 40 to NUD on 50.54 Acres Located Northeast of Sparks Blvd. and Pyramid Hwy.

8.6 2nd Reading and Adoption of Bill No. 2556, PCN07053, To Approve a Development Agreement to Waive the Time Lines for a Tentative Subdivision Map for a Mixed Use Development in the Sparks Marina

Time: 6:00:38 p.m. An agenda item from Associate Planner Summer Pellett recommending the City Council conduct a public hearing and approve Bill No. 2555, a general ordinance providing for the rezoning of certain lands owned by Lazy Five Company from A-40 (Agricultural) to NUD (New Urban District) on a site approximately 50.54 acres in size; located northeast of the intersection of Sparks Boulevard and Pyramid Highway, Sparks, NV; and providing other matters properly relating thereto.

Ms. Pellett noted this was a rezoning to change the existing zoning on 50.54 acres which are a part of the Kiley Ranch North Planned Development and the land use on this site is community commercial. She said the applicant will be coming forward with a planned development handbook for this phase of development in the near future.


A motion was made by Council Member Carrigan, seconded by Council Member Smith, to adopt Bill No. 2555 (Ordinance No. 2375) the rezoning request associated with PCN07039 to rezone approximately 50.54 acres from A-40 (agricultural) to NUD (New Urban District) based on findings Z1 through 2 3 and the facts supporting these finding as set forth in the staff report. Council Members Mayer, Salemo, Smith, Carrigan, YES. Council Member Schrnitt, ABSENT. Motion Carried.

Time: 6:02:30 p.m. An agenda item from Associate Planner Chere' Jigour recommending the City Council conduct a public hearing and approve Bill No. 2556, an Ordinance approving a Development Agreement with West Haven Development Group and the City of Sparks, extending the deadline for Public Hearing on a Tentative Subdivision Map for a mix-use development generally located in the Sparks Marina east of Marina Gateway Drive and South of Prater Way (West Haven Project PCNO7053).

Planning Manager Karen Melby noted that this is a development agreement to waive the NRS review times for the tentative map and subdivision. She stated the applicant proposes to submit a special use permit and a tentative map to allow a mixed use development with 559 townhome condominium units, approximately 38,000 square feet of commercial on a site that is 19.88 acres, located in the Sparks Marina

Page 23 of 24


area. She stated that in order to allow the City Council to review these items concurrently, they are requesting that this development agreement be approved.


A motion was made by Council Member Smith, seconded by Council Member Mayer, to adopt Bill No. 2556 (Ordinance No. 2376), PCN07053, the development agreement with Quail Landing/J&A Development, LLC, to waive the Nevada Revised Statutes review time lines for a tentative subdivision map. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schrnitt, ABSENT. Motion Carried.


10. - Time: 6:04:07 p.m. Adjournment There being no further business, the meeting was adjourned at 6:07

p.m.

Mayor I

City Clerk >>>

Page 24 of 24

SPECIAL MEETING OF THE SPARKS CITY COUNClL August 20,2007 3:00 p.m.

I. - Time: 3:05:39 p.m. Call to Order The regular meeting of the Sparks City Council was called to order by


2. - Time: 3:05:48 p.m. Roll Call Mayor Geno Martini, Council Members John Mayer, Phillip Salerno,

Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adarns, Acting City Clerk Carrie Brooks, PRESENT.

Staff Present: Marc de la Torre, John Dotson, Steve Driscoll, Joyce Farley, Andy Flock, Andy Fuller, John Martini, Dave Vill and David Fitzpatrick.

Pledge of Allegiance Time: 3:06:09 p.m. The Pledge of Allegiance was led by Council Member John Mayer.

Mayor Martini noted the passing of Council Member Mayer's brother late last week and called

a for a moment of silence for long-time Sparks Citizen David Mayer.

Comments from the Time: 3:07:43 p.m. Public Ms. Shirley Bertschinger, 832 Olancha Court, spoke against the

approval of the Tierra Del Sol Development which will contain the proposed Lazy 8 Casino.

Mr. Don Young, 11 85 Harbour Cove Court, stated he had reviewed the Strategic Plan, the City Vision, Mission, and Value statements and he was pleased to see that we haven't mentioned open and transparent government, because he believed the City of Sparks has been sorely deficient in this respect.

Approval of the Time: 3:11:18p.m. Agenda Consideration of taking items out of sequence, deleting items and

adding items which require action upon a finding that an emergency exists.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 1 of 4


3. - Time: 3:l I :48 p.m. Approval of the A motion was made by Council Member Salerno, seconded by Minutes Council Member Schmitt, to approve the Minutes of the Special

Meeting of August 6, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

4. Announcements, Presentations and Recognition ltems and ltems of Special Interest: NONE

5. Consent Items: Time: 3:12:25 p.m. A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve Consent Item 5.1. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

5.1 An agenda item from City Manager Shaun Carey recommending the Adoption of the City Council adopt the 2007-2012 Strategic Plan, City Vision, Mission 2007-2012 Strategic and Value Statements as reviewed and amended at the July 30, 2007 Plan, City Vision, Council Retreat. Adoption of these strategic tools provides the policy Mission and Value direction needed to move forward with implementation of the City Statement Council's goals and objectives.


6.1 Performance review of City Manager Shaun Carey and consideration of a merit increase in pay and/or extension of Employment Agreement

Time: 3:13:01 p.m. An agenda item fiom Human Resources Manager Chris Syverson recommending the City Council conduct a performance review of City Manager Shaun Carey and consider a merit increase in pay, and address an extension of his employment agreement. The employment agreement for City Manager Shaun Carey allows for a City Council review of his performance in July and January. The Mayor and City Council Members were requested to provide performance feedback. A review of the performance results, consideration of a merit increase in pay and extension of the employment agreement is requested at this time.

Ms Syverson noted that she conducted a survey from the Council Members and the Mayor to evaluate Mr. Carey's performance and the results are included in the staff report. She said that out of 150 possible responses; 58 responses were in the exceeds expectations category (38.7%); 82 responses were in the meets expectations category (54.7%); and 10 in the needs improvement category (6.6%). She stated the Council is being asked to consider extending Mr. Carey's contract; to consider his performance or character; and/or to consider a merit raise.

Council Member Salerno asked for clarification on Mr. Carey's contract. Ms. Syverson stated that Mr. Carey's contract is for a two-

Page 2 of 4


year period and it is up for renewal every July, so he has one year of a two year contract left. She said if the Council is willing to extend it for a two-year period, which is what is being requested, then they will be asked to consider his contract again next year for a two-year period.

Council Member Carrigan commented on an e-mail that Mr. Carey sent to the council, stating he felt Mr. Carey has done a great job, again, this past year and he felt the public should hear what Mr. Carey had to say. He read as follows: "...and I would ask the City Council to grant an extension of the agreement by one year to provide a two- year employment period. I am not seeking, nor would I accept any increase in merit pay this year." Mr. Carrigan stated he really appreciated Mr. Carey's comments.

Council Member Mayer stated he felt that this shows how in tune Mr. Carey is with the City of Sparks and our financial needs and felt he should be commended for not seeking any raise this year. He said it shows he is looking out for the welfare of the City.

Mayor Martini said he was asked to comment on Mr. Carey a while back for an article in the paper (which he hasn't seen yet), and what he said was that Shaun Carey eats, sleeps, and breaths the City of Sparks, and this says it all. He then called to for a motion to extend the contract.

Council Member Smith commented that he has been on the Council only 10 months, but Mr. Carey has definitely impressed him with his work ethic and how he keeps the Council informed.

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to grant an extension of one year to provide a two-year employment period for our illustrious City Manager. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Mr. Carey thanked the Council for extending his contract and stated it was a great privilege to serve as the City Manager of this City. He said we are comprised of some of the most outstanding individuals coming together to carry out the priorities of this City and he is proud of the people he serves with in this organization. He said he looks forward to the year ahead, stating it will be a very challenging year and one which will stretch us even further. He also thanked the Council for passing the Strategic Plan, which is a remarkable step forward because it gives us a horizon to work toward and he wants the opportunity to be a part of achieving the City's vision.

Page 3 of 4



7.1 Public Hearing on the Abandonment of a Portion of a 50 Foot Public Access Easement East of Pyramid Way and Approximately 2400 Feet North of Sparks Boulevard

Time: 3: 1 9:02 p.m. An agenda item from Real Property Agent Dave Vill recommending the City Council conduct a public hearing and approve the abandonment of a portion of a 500 foot public access easement east of Pyaramid Way and approximately 2400 feet north of Sparks Boulevard, containing an area of 65,966 square feet, more or less.

Mr. Vill noted the original 50 foot access easement was granted for public use in 1979. He noted that the primary use of the easement was for the Kiley Family to access one of their wells. He said the current access does not fit into the Kiley Ranch North project as it has been designed so the property owner is requesting the abandonment of this 50 foot easement and in return the developers are offering a relocatable 50 foot access easement being granted to the City of Sparks.

Council Member Mayer asked if this abandonment would affect right- of-way expansion on Pyramid Highway. The response was no, it did not. I Mayor Martini opened the public hearing and asked if there was anyone who wished to speak regarding this proposed ordinance. There being no comment, the public hearing was closed.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve the easement as outlined. Council Members Mayer, Salemo, Smith, Carrigan, Schmitt, YES. Motion carried.



10. Time: 3:24:52 p.m. a d j oumment There being no further business, the meeting was adjourned at 3:24

p.m.

Mayor

City Clerk >>>

Page 4 of 4

REGULAR MEETING OF THE SPARKS CITY COUNCIL August 13,2007 3:00 p.m.

I. - Call to Order

2. - Roll Call

Invocation and Pledge of Allegiance



Time: 3:02:06 p.m. The regular meeting of the Sparks City Council was called to order by Mayor Geno Martini at 3:02 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

Time: 3:02:14 p.m. Mayor Geno Martini, Acting City Clerk Carrie Brooks, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, Acting City Manager Randy Mellinger, City Attorney Chet Adams, PRESENT. City Manager Shaun Carey, ABSENT.

Staff Present: Andy Flock, Dan Marran, Tom Minton, Wayne Seidel, Tom Burrous, Tracy Domingues, Robin Pagni, Marc DeLaTorre, George Graham, Shirle Eiting, Rick Bareuther, Stan Sherer, Steve Driscoll, Brian Bessette, Margaret Powell, Karen Melby, Doug Thornton and David Fitzpatrick.

Time: 3:02:33 p.m. The invocation was given by Pastor Steve Bond of Summit Christian Church and the Pledge of Allegiance was led by Council Member Ron Smith.

Time: 3:04:20 p.m. Ms. Shirley Bertschinger, 832 Olancha Court, spoke against the approval of the Tierra Del Sol Development which will contain the proposed Lazy 8 Casino.


Council Member Schmitt requested that Item 5.18 needed to be pulled from the agenda.

A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 3:08:58 p.m. Approval of the A motion was made by Council Member Smith, seconded by Council Minutes Member Salerno, to approve the Minutes of the Special Meeting of

July 16, 2007, and the Regular Meeting of July 23, 2007. Council

Page 1 of 14


Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.


4.1 - Time: 3:09:35 p.m. Exemplary Business Ms. Laura Casson, Chairman of the Sparks Disabled Advisory Award to K-Mart Committee, presented an Exemplary Business Award to the Manager

of the K-Mart at 2 125 Oddie Boulevard (Lynette Paulos). Ms. Casson noted that in the past the business was totally inaccessible for the disabled; however, it has since been remodeled and it is now very accessible to the disabled. Council Member Smith presented Ms. Paulos with a plaque in recognition of the positive changes and improvements that have been made to this store.

4.2 Time: 3:12:30 p.m. Introduction ofNew Public Works Director Wayne Seidel introduced Mr. Jason Dukes, a Employee new employee in the Public Works Department who comes to Sparks

from the City of Reno. Mr. Dukes will be replacing Engineer Kelly McGlynn, who will now be working at TMWA.

5. Consent Items: Time: 3:14:15 p.m. A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Consent Items 5.1, through 5.17 and 5.19. Council Members Mayer, Salerno, Smith, Canigan, Schmitt, YES. Motion carried.

It was noted that ltem 5.1 8 had been pulled from the agenda under the vote for "Approval of the Agenda" earlier in the meeting. Discussion ensued regarding the difference between being pulled from the agenda and being pulled for separate discussion and vote. It was clarified that Item 5.1 8 had been removed from the agenda when the intent was to pull it from the consent items for separate discussion and vote.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to place Consent Items 5.18 back on the agenda for discussion and separate vote. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


Meeting for the period covering July 5,2007 through July 25,2007.

5 -2 - An agenda item from Police Chief John Dotson recommending the Dining Room Wine City Council approve an application from Ms. Parisa Azadi, 569 and Beer License for Smithridge Park, Reno, for a Dining Room Wine & Beer License for

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e Parisa's Cuisine, 380 Parisa's Cuisine, located at 380 Freeport Boulevard #2 and 3. This Freeport Blvd #2 & 3 will be Ms. Azadi's first liquor license in Sparks. The license will

provide a $500.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 - Dining Room Wine and Beer License for Philadelphia Cheesesteak Co., 2 1 8 1 Pyramid Way

5.4 - Alcoholic Beverage Wholesaler License for Encore Beverage, 8550 W. 4" Street, Reno

5.5 - Gaming License for Gold Midget Market, 1040 Victorian Avenue

5.6 - Prisoner Extradition Agreement with Washoe County Sheriffs Office

5.7 Building Use • Agreement with St. Paul's Church for a

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Ms. Wendy Suzanne Gann, 792 E. Huffaker Lane, Reno, 8951 I, for a Dining Room Wine & Beer License for Gann & Gann, doing business as Philadelphia Cheesesteak Company, located at 21 81 Pyramid Way. This will be Ms. Gann's first liquor license in Sparks. The license will provide a $500.00 annual fee, plus $1 -00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Mark Howard Baldwin, 10697 Royal Crest, Truckee, CA 96161, for an Alcoholic Beverage Wholesaler License for Encore Beverage, LLC, doing business as Encore Beverage, located at 8550 W. 4'h Street, Reno. Encore Beverage will have no facility in Sparks, but will be importing liquor to businesses in the city. The license will provide a $1,000.00 annual fee, contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. William Edward Rohan, 8000 Offenhauser Drive, Reno, for a Gaming License for The Holder Group Vending Company, doing business at Gold Midget Market, located at 1040 Victorian Avenue. Mr. Rohan has a Slot Route Vending License with the City. The license is for five upright video poker machines and will provide a $600.00 annual fee, contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve a Prisoner Extradition Agreement with the Washoe County Sheriffs office. The new agreement will raise the anticipated yearly cost for the City from $10,000 to $20,000 and Washoe County will provide transport of prisoners for trial and other legal proceedings.

An agenda item from Parks and Recreation Director Stan Sherer recommending the City Council approve the 2007 Building Use Agreement with St. Paul's Church for the successfbl continuation of a Small Wonders Learning Center site through the Parks and Recreation

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Small Wonders Department, effective August 1 , 2007 through July 3 1,2008. The cost Learning Center Site of $160,705 includes the lease and operations for the year. The Child @

Care Center provides services to youth 3 to 6 years of age and this agreement allows the Parks and Recreation Department to program ~ 2,300 square feet of space for youth in our community. This agreement reflects an increase of $0.07 cents per square foot from last year's agreement ($161 .OO per month).

5.8 - An agenda item from Public Works Director Wayne Seidel Agreement with The recommending the City Council approve an Interlocal Agreement Nature Conservancy between the Cities of Reno and Sparks with The Nature Conservancy for Final Restoration (TNC) for Final Restoration Designs of the 102 Ranch Restoration Designs of the 102 Supporting Continued Lower Truckee River Restoration in the amount Ranch Restoration of $306,762.00. (Reno's share will be $210,537 and Sparks' share

will be $96,225). Acquisition of river lands by the Bureau of Land Management (BLM) for the "102 Ranch" is complete. Finalizing a restoration design is the next step in restoration of this Truckee River reach.

5.9 An agenda item from Public Works Director Wayne Seidel Interlocal Agreement recommending the City Council approve an Interlocal Cooperative with RTC for 5% Agreement (ICA) with the Regional Transportation Commission of Match for a Sidewalk Washoe County (RTC). The City would provide three annual on McCarran from payments in the amount of $43,600, beginning in FY 200712008 for Prater to Nichols the required five percent match for the design, right-of-way

acquisition, and the construction of a five foot wide sidewalk along the westerly side of McCarran Boulevard between Prater Way and Nichols Boulevard. The estimated 5% City match for this project is $127,800. The total anticipated cost of the project is $2,556,000.

5.10 An agenda item from Public Works Director Wayne Seidel Authorization to recommending the City Council authorize the purchase of street lights Purchase Street and bollards for the Regional Transportation Commission (RTC) Lights and Bollards Centennial Plaza Transit Center from Great Basin Lighting in the for the RTC amount of $60,454. RTC is currently constructing a new transit center Centennial Plaza in Sparks at Victorian Avenue and 15th Street and staff is Transit Center recommending that the City purchase Victorian style lights and

bollards to be used in public rights-of-way around the perimeter of the project. The Public Works Department is committed to having one style of light and bollard along Victorian avenue in order to minimize our maintenance yard inventory and also to have a consistency of architectural design. These lights and bollards have been used in all streetscape improvements along Victorian in the past few years. The City will purchase the fixtures and RTC will install them.

5.1 1 - An agenda item from Public Works Director Wayne Seidel Change Order No. 1 recommending the City Council approve Change Order No. 1 to MKD

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to MKD Construction Construction in the amount of $72,691.95 for the purchase of tree for Tree Grates for grates for the Victorian Square Phase I Public lmprovement Project. Victorian Square Council awarded this project to MKD Construction on October 16, Phase I Public 2006. The purchase of the tree grates was not part of the bid and it Improvement Project was anticipated the City would provide these materials at an estimated

cost of $85,000. The tree grates were purchased by MKD Construction under Force Account Construction Change Order #4. This agenda item is for Change Order No. I to MKD Construction and the funds will reimburse the construction Force Account.

5.12 An agenda item from Benefits & Risk Manager Randy Waterman Addendum to recommending the City Council approve an addendum to the Agreement with Agreement (A-3535) between the City of Sparks and CCMSl (Cannon CCMSl for Workers' Cochran Management Services, Inc.) for Workers' Compensation Compensation Third Third Party Administration services. In order to meet the requirements Party Administration in the agreement for a performance bond, it is necessary to revise the Services language in Section 6(f) titled Faithful Performance Bond. The

revised language for the bond requirement is "An annual renewable performance surety bond covering faithful performance of the contractor's agreement in an amount not to exceed $50,000, naming the City of Sparks, Nevada as Obligee."

5.13 An agenda item from Finance Director Tom Minton recommending Refund of Excess the City Council approve a request from West Coast Contractors for a Business License refund of excess business license fees paid in error to the City of Fees to West Coast Sparks. West Coast Contractors brought to our attention an error in Contractors reporting their business receipts in 2007. They didn't subtract the

subcontractor's fees so their total payment was incorrect. They are requesting a refund of $1,006.00. The Finance Director is recommending that the overage be refunded.

5.14 An agenda item from Finance Director Tom Minton recommending Refund of Excess the City Council approve a request from Cobra Wire & Cable Business License Company for a refund of excess business license fees paid in error to Fees to Cobra Wire & the City of Sparks. The Accountant for Cobra Wire brought to our Cable attention an error in the reporting of their business receipts in both

2005 and 2006; they paid on their business gross receipts instead of the receipts of the business done in Sparks. This resulted in an overpayment of $2,668.37 and they are requesting a refund of these excess fees. The Finance Director is recommending that the overage be refunded.

5.15 An agenda item fiom Finance Director Tom Minton recommending Refund of Late the City Council approve a request from West Coast Contractors for a Penalty Business refund of business license late penalty fees paid to the City of Sparks. License Fees to Root Root Industries states that the business was transferred from one Industries division to another and the license invoice was not forwarded to the

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correct department for payment, resulting in a late payment and penalty fees. They are appealing the penalties charged and paid and are asking for a refund of $4,384.50. The Finance Director is recommending that the penalties be refunded.

5.16 An agenda item from Finance Director Tom Minton recommending Approval to Purchase the City Council approve the purchase of remittance processing Remittance software from RT Lawrence Corporation in the amount of $37,720.00. Processing Software the current remittance system was put in place in 2003 and has been

instrumental in processing utility bills and preparing daily bank deposits. However, the existing document processor is being replaced to keep up with the processing needs of the City and the software package is used together with the document processor. The current remittance processing system needs to be replaced in order to continue to process the quantity of documents received by the City.

5.17 Approval of the City's Portion of the Annual Regional Ortho-Photography Project (A-2780)

5.18 Authorization to Accept Grant Award and Identify Matching Funds

An agenda item from Information Technology Manager Rick Bareuther recommending the City Council approve the expenditure of $70,000.00, which is the City of Sparks' portion of the annual regional Ortho-Photography and 2' Contour Project, per the Interlocal Agreement between the Cities of Sparks and Reno, Washoe County and Sierra Pacific Power Company, signed July 14, 1998 (A-2780). The Regional Basemap Committee is responsible for the oversight of the program, with Washoe County acting as the fiscal agent for the Committee.

Time: 3: 16:24 p.m. An agenda item fiom Housing Specialist George Graham recommending the City Council accept a grant award of $1 0,000 from Charles Schwab Bank to supplement the development/implementation of a housing paint program for the City of Sparks and identify a source for the required matching funds ($1 0,000).

In response to questions from Council Members, Mr. Graham stated that funds were for paint only and that the applicants would have to supply the labor to paint the house and qualifications for receiving grant funds would be those of the HUD guidelines (80% of area median income, based on household size). City Planner Margaret Powell noted it was the same criteria that we used for the housing repair loan program.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve Consent Item 5.18. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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5.19 An agenda item from Deputy Director for Community Development CCFEA with SunCal John Martini recommending the City Council approve a Capital Copper Canyon: LLC Contribution Front Ending Agreement (CCFEA) with SunCal Copper

Canyon, LLC (Developer of Record) for the offered capacity improvements to Copper Canyon Parkway, Eastern Slope Road, Vista Boulevard and Solomon Circle. This agreement will allow the developer to dedicate capacity improvements in exchange for Regional road Impact Fee Credits in an amount equaling the fair value of the capacity improvements, estimated at $9,753,788.00.


6.1 - Authorization to Use Joiner Contract with Field Turf Tarkett for the Purchase and Installation of Artificial Turf at Golden Eagle Regional Park

Time: 3:20:26 p.m. An agenda item from Public Works Director Wayne Seidel recommending the City Council authorize the use of CMAS (California Multiple Award Schedule) Contract #4-06-78-003 1 A (GSA (General Services Administration) Contract #GA-07F- 963 1 S) with Field Turf Tarkett for the purchase and installation of artificial turf at the Golden Eagle Regional Park Project, PWP No. WA-2007-258, in the amount of $4,669,261.81. The use of a joiner contract affords the City a price that is specific to the project while also satisfying the legal procurement requirements. Based upon known market conditions, the quoted price under this contract represents a significant discount for the quality of material being installed. The quoted price includes the provision of all materials, installation services, 5-year maintenance plan, 8-year warranty backed by a 3rd party insurance carrier and maintenance equipment.

Capital Projects Manager Chris Cobb noted that staff was able to locate a joiner contract for award of the artificial turf at the Golden Eagle Regional Park. He stated that after the construction bid was awarded to Q & D Construction, staff sat down and through value engineering, was able to find savings from the construction costs that could be allocated toward the needed artificial turf for the project. He noted that this bid award included artificial turf for all the fields and that we would not need to put in grass on any of the fields.

Council Member Schmitt noted that there was no change order for the construction bid on this agenda. Mr. Cobb explained that this was a deductive change order and those were not required to be approved by Council.

Council Member Schmitt wanted it noted for the record that the funds for this park project are coming from the RED Development Agreement, the service area impact fees and the bond money from

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Washoe County Question 1 and that no funds slated for the new City Hall were being used. It was also noted that the bid for the project came in much lower than anticipated.

Council Member Mayer asked if these were the first funds that Sparks has received from Question 1. Parks and Recreation Director Stan Sherer stated that this was the first money that Sparks had received from the bond that the County passed for parks and open space. He emphasized that specific projects were identified prior to the bond being approved by the voters and this was the only project within the City of Sparks that was included in the bond question. He noted that we are slated to receive $1.8 million, which includes the cost of an interpretive center to be located on the south end of Section 18. He stated Washoe County will build the interpretive center.

A motion was made by Council Member Mayer, seconded by Council Member Carrigan, to approve the purchase of artificial turf under a joined contract as outlined, in the amount of $4,669,261.8 1. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.2 - Time: 3:25: 16 p.m. Approval of Funding for An agenda item from Assistant City Manager Randy Mellinger FY 200712008 for recommending the City Council approve funding for FY 2007108 EDAWN to the Economic Development Authority of Western Nevada

(EDAWN). EDAWN is a non-profit organization for the purpose of attracting a diversity of businesses to the area, as well as maintaining and expanding the current business base, to help create and maintain job opportunities for local residents. EDAWN makes an annual request for funding and has received $35,000 each year from the City of Sparks since 2000101.

Mr. Mellinger stated this is the annual request from EDAWN and he noted that Sparks is positioned quite well with two business parks (Copper Canyon and Kiley Ranch) in the infrastructure stages. He said he felt that we will see some very high-end development in the hture in Sparks.

Mr. Chuck Alvey, CEO and President of EDAWN, noted that their economic impact this past year was a record $402 million. He said they want to continue this trend with customer service in target industries. He said he visited the Legends project in Kansas City and was very impressed with the development. Mr. Alvey stated that the International Economic Development Council will have their annual conference in Reno in 2009 and one of the case studies he will be presenting is our Marina Lake and how we went

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from a gravel pit to the Legends at Sparks Marina project. Mr. Alvey then introduced their newest board member, Tom Stoller, General Manager for SunCal Companies.

Mr. Stoller stated they have strategically aligned themselves with EDAWN because the industries they are focusing on are the exact same industries they are looking to put into their 200 acre business park. He said through the contacts with EDAWN, they have seen a lot of interest for their project.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve the funding request in the amount of $35,000. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.3 - Time: 3:29:56 p.m. Approval ofAmendments An agenda item from Public Works Director Wayne Seidel Revisions to the recommending the City Council consider and possibly approve Cooperative Agreement amendments/revisions to the Cooperative Agreement with Nevada with NDOT Regarding Department of Transportation (NDOT) to partner and 'meet the Using 1-80 as a "Levee- FEMA accreditation requirements for the FEMA identified L19 Like Structure" Section of Interstate 1-80 as a "levee-like" structure, as part of the

City Letter of Map Revision (LOMR), dated July 2 1, 2005, for the Sparks Marina Area and the FEMA Provisional Accredited Levee (PAL) letter, dated May 14, 2007, which will allow the City and NDOT an additional 24 months to fully certify this levee-like structure to the criteria and requirements of the Code of Federal Regulations, Title 44, Section 65.1 0 (44CFR 65.1 00).

Mr. Seidel noted that he sent an e-mail update to the Council Friday afternoon because the deadline for the PAL letter was today. He stated staff sent a letter overnight to FEMA on Friday telling them that we could not sign the PAL letter in good faith because our survey information came in last Tuesday from Odyssey Engineering and we had a foot and a half of freeboard along 1-80, relative to the FEMA base flood elevation of 4392'. He said the lowest point on 1-80 was 9345' on the vertical curve on that section of the freeway. So, per the code of regulations, in order for FEMA to certify a levee to Federal standards they would like three feet of freeboard. He stated there are exceptions on the books of 2 feet of freeboard, but there is no way we can sign the PAL because there is no way this could be certified to Federal standards.

Mr. Seidel stated they have relayed this information to NDOT and he thanked NDOT for all the hard work they have done to try and help us meet this PAL designation.

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~e Regular Meeting of the Sparks City Council for August 13,2007

Mr. Seidel noted that we have submitted the package to FEMA: but we did not sign the LOMAR; we did complete the inspections

a for this year; and we completed the O&M Manual for the L19 section of 1-80. He said we have asked for a meeting in the next two to three weeks to look at our options. He said they did have a conversation with FEMA this morning and a couple of items were discussed: a possible channel bank; and a combination of a 100 foot wide rail road main track as well as 200 foot 1-80 is over 300 foot of embankment and structure between those two facilities, which were constructed before FEMA even mapped the flood plain; and using the Corps of Engineers risk assessment process.

Mr. Seidel stated that we are looking at options with FEMA because we want to keep our LOMR in place. He said we really believe that 1-80 is a very solid structure and will hold back the water. He said the back flow devices are being maintained and they operate very well.

Mr. Seidel said he is requesting that the Council rescind the draft agreement and allow staff to continue negotiations with FEMA. He said staff will provide information to the Council as we proceed with the negotiations.

Council Member Schrnitt asked where this put the City with regard to residents who may now have to get full flood insurance. Mr. Gooch explained the process, stating that when the preliminary maps are issued, they are not regulatory maps and not the ones that will be used to issue flood insurance or not require flood insurance: this will happen after a two year period when the final regulatory maps will come out and at that point then the flood insurance will be required for federally insured loans. Until that time flood insurance is available at a low rate, based on the LOMR that we have in place now. He emphasized that the LOMR is effective until the final regulatory maps are issued.

Council Member Schmitt expressed concern that FEMA did not understand the urgency of the situation because in two years we will have over a billion dollars worth of construction in this area and he felt this situation did not warrant the normal time frame for completion. Mr. Seidel stated staff has the same concerns and they know this is critical to the City of Sparks. He said staff is committed to getting the North Truckee Drain completed and to continuing to work with FEMA.

Council Member Mayer commended staff for all their hard work on this project and in particular Assistant City Attorney Shirle

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6.4 - 1 Reading of Bill No. 2552, PCN0703 1, Annexation and Bill No. 2553, Rezoning from R1- 40 to R1-7 on 1.7 acres located at 4820 Wedekind Road

Eiting for how well the negotiations between then City and NDOT have gone with Ms. Eiting involved.

Mayor Martini said he thought we were going with the idea that this was not a levee; and we don't want to make it a levee; and it was never intended to be a levee, but from what he understands, we are looking at 1-80 being a levee. Mr. Seidel stated that is the Catch 22 we are in: FEMA only recognizes levees and levee-like structures per their federal regulations, so we are caught between a rock and a hard spot. He stated that 1-80 was never designed to be a levee, but they were elevated when they were built because they were crossing a flood plain. He stated those structures were built before FEMA started to do their maps, so we're caught between new regulations and old structures and our LOMR got caught in the re-digitizing and remapping of the flood plains. He said FEMA is doing their due diligence and they want to know who owns every levee-like structure and who is maintaining it.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to rescind their tentative approval of the draft cooperative agreement with NDOT as presented on July 23, 2007; and direct staff as outlined in the letter to FEMA, to continue to work with Region IX staff and our federal delegation for options and alternatives to keep the Marina Park LOMR in place as approved. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Time: 3:47:05 p.m. Acting City Clerk Carrie Brooks read Bill No. 2552 by title, a general ordinance providing for the annexation of certain lands to the City of Sparks; lands more specifically described as Assessor Parcel Numbers 027-04 1-07 and 027-041 -01, a site approximately 1.97 acres in size, owned by John Metzker, located at 4820 Wedekind Road; providing for the addition to Table V of the Sparks Municipal Code "Annexations"; and providing other matters properly relating thereto; and

Bill No. 2553: a general ordinance providing for the annexation of certain lands to the City of Sparks; lands more specifically described as Assessor Parcel Numbers 027-04 1 -07 and 027-04 1 - 01, a site approximately 1.97 acres in size, owned by John Metzker, located at 4820 Wedekind Road; providing for the addition to Table V of the Sparks Municipal Code "Annexations"; and providing other matters properly relating thereto.

Mayor Martini announced that the public hearing and second reading of these bills would be conducted at the Regular City

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6.5 1 " Reading of Bill No. 2554, PCN07050, To Approve a Development Agreement to Accompany the Final Planned Development Handbook for Tierra Del Sol

6.6 - 1 Reading of Bill No. 2555, PCN07039, Lazy Five Company, a Rezoning from A-40 to NUD on 50.54 Acres Located Northeast of Sparks Blvd. and Pyramid Hwy.

Council Meeting of August 27,2007

Time: 3:49:43 p.m. Acting City Clerk Carrie Brooks read Bill No. 2554 by title, an ordinance approving a development agreement providing for the transfer of certain unused development approvals (Red Hawk Land Company, LLC) from the Wingfield Springs Planned Community to the Tierra Del Sol Planned Development; setting forth the relative rights and responsibilities of the parties in the development of the Tierra Del Sol Planned Development, including the developer's commitments to the City of Sparks with respect to the Tierra Del Sol Planned Development.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of August 27,2007.

Mayor Martini noted that there were several requests to speak regarding this item:

Mr. Brad Johnston of Hale Lane, representing the Sparks Nugget, said he understood that the Council was not approving the handbook tonight, but they would be considering the handbook in two weeks and he urged the Council to deny the handbook, noting that there is a lawsuit pending before the Nevada Supreme Court regarding this development.

Mr. Roy E. Adarns, 5655 Grasswood Drive, spoke against allowing a casino to be built in this area.

Time: 3:56:21 p.m. Acting City Clerk Carrie Brooks read Bill No. 2555 by title, a general ordinance providing for the rezoning of certain lands owned by Lazy Five Company from A-40 (Agricultural) to NUD (New Urban District) on a site approximately 50.54 acres in size; located northeast of the intersection of Sparks Boulevard and Pyramid Highway, Sparks, NV; and providing other matters properly relating thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of August 27,2007.

6.7 Time: 3:57:01 p.m. 1'' Reading of Bill No. Acting City Clerk Carrie Brooks read Bill No. 2556 by title, an 2556, PCN07053, To Ordinance approving a Development Agreement with West Haven Approve a Development Development Group and the City of Sparks, extending the

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e Agreement to Waive the deadline for Public Hearing on a Tentative Subdivision Map for a Time Lines for a mix-use development generally located in the Sparks Marina east Tentative Subdivision of Marina Gateway Drive and South of Prater Way (West Haven Map for a Mixed Use Project PCN07053) Development in the Sparks Marina Mayor Martini announced that the public hearing and second

reading of this bill would be conducted at the Regular City Council Meeting of August 27,2007.



8.1 - Time: 35854 p.m. Public Hearing and An agenda item from City Planner Margaret Powell Adoption of Bill No. recommending the City Council conduct a public hearing and 255 1, Amending Chapter approve Bill No. 255 1, an Ordinance amending criteria for 2.03, "Ward Boundaries" incorporation of newly annexed land into wards; and providing

other matters properly related thereto.

Ms. Powell noted that with the assistance of the Council and the GIs gurus, staff has come up with new ward boundaries that will be used for the 2006 election.


A motion was made by Council Member Schmitt, seconded by Council Member Smith, to adopt Bill No. 2551 (Ordinance No. 2371. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

9. - Time: 4:59:15 p.m. Comments from the Council Member Salerno said he received numerous calls from Council and City citizens in the area of Sparks Boulevard and Springland Drive; Manager apparently there was construction work being done at 2:00 a.m.

Mr. Mellinger said construction would be in this area for quite a while, but there should not have been noise at this time of the morning and staff will investigate.

Council Member Schmitt said that a yellow line had been striped on Sparks Blvd. to try and separate traffic, but drivers have a tendency, as soon as they get past Prater, to jump over to the other lane before the realize that it is still two way lanes. He asked Public Works to check into additional signage or striping, or other traffic measures to prevent this fi-om happening.

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10. Adjournment

Council Member Schmitt said he also received some calls regarding Hot August Nights; where some of the vendors pulled their 72 hour permit and other did not and there was no code enforcement done to check for permits. He asked for a list of who pulled permits for the event and what type of code enforcement was done during this time.

Council Member John Mayer noted that code enforcement is working on the National Guard Signs that flooded Sparks over the weekend; in the rights of ways and at schools and parks. He also asked that people drive courteously to avoid accidents.


Mayor

City Clerk >>>

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SPECIAL MEETING OF THE SPARKS CITY COUNCIL August 6,2007 9:00 a.m.

1. - Time: 9:00:19 a.m. Call to Order The special meeting of the Sparks City Council was called to order

by Mayor Pro tempore John Mayer at 9:00 a.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

Time: 9:00:26 a.m. Mayor Pro tempore John Mayer, Acting City Clerk Carrie Brooks, Council Members Phillip Salerno, Ron Smith, Mike Carrigan, City Manager Sham Carey, City Attomey Chet Adams, PRESENT. Mayor Geno Martini, Council Member Ron Schrnitt, ABSENT.

I Staff Present: John Dotson, Stan Sherer, Chris Cobb, Steve Driscoll, Frank Frievalt, Tom Minton, Wayne Seidel, Shirle

I

Eiting, Adam Maybeny, Randy Waterman, Randy Mellinger.

Pledge of Allegiance Time: 9:01:14 a.m. The Pledge of Allegiance was led by City Manager Shaun Carey.

Comments from the a Time: 9:01:35 a.m. Public None.

3. - Time: 9:01:47 a.m. Alcoholic Beverage An agenda item from Police Chief John Dotson recommending the Package License for City Council approve an application from Ms. Alda Trindade mCA, 1434 Victorian Rodrigues, 51 2 Spring Meadows #G, Sparks, for an Alcoholic Avenue #A Beverage Package License for INCA, located at 1434 Victorian

Avenue #A. This will be Ms. Rodrigues' first liquor license in Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

City Manager Carey noted that this liquor license approval was moved forward so that the owner could use her business during the Hot August Nights event.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve the liquor license as outlined. Council Members Mayer, Salemo, Smith, Carrigan, YES. Council Member Schrnitt, ABSENT. Motion carried.

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Minutes of the Special Meeting of the Sparks City Council for August 6, 2007

4. - Time: 9:02:44 a.m. Agreement with Sierra An agenda item from Public Works Director Wayne Seidel Pacific Power Company recommending the City Council approve a utility Line and Main for the Golden Eagle Extension Agreement with Sierra Pacific Power Company for the ,

Regional Park Golden Eagle Regional Park in the amount of $267,261. This I

contract is for the installation of items required for gas and electric service to be provided at the Golden Eagle Regional Park. 1

5. - Approval of Amendments /Revisions to the Cooperative Agreement with NDOT Regarding the FEMA L 19 Section of 1-80

City Manager Carey noted that the construction time line for the park is very tight and the Public Works Department requested consideration of this item at the first opportunity. He noted that the Council's approval will allow Sierra Pacific to construct the new facilities in conjunction with the Contractor for the project.

A motion was made by Council Member Smith, seconded by Council Member Carrigan, to approve the agreement. Council Members Mayer, Salerno, Smith, Canigan, YES. Council Member Schmitt, ABSENT. Motion carried.

Time: 9:03:37 a.m. An agenda item from Public Works Director Wayne Seidel requesting the City Council amendments/revisions to the Cooperative Agreement with the Nevada Department of Transportation (NDOT) to partner and meet the FEMA accreditation requirements for the FEMA identified L19 Section of Interstate 1-80 as a "levee-like" structure, as part of the City Letter of Map Revision (LOMR), dated July 21, 2005, for the Sparks Marina Area and the FEMA Provisional Accredited Levee (PAL) letter, dated May 14, 2007, which will allow the City and NDOT an additional 24 months to fully certify this levee-like structure to the criteria and requirements of the Code of Federal Regulations, Title 44, Section 65.10 (44CFR 65.100).

Mr. Seidel stated that staff is continuing to negotiate with NDOT and they did receive comments from their attorney, Pierre Geslund, on Friday afternoon regarding the draft agreement. He said they have been working on the agreement from the technical and the liability aspects. He said from the comments we received, we need to continue negotiations regarding indemnification and the condition which is seeking for us to look for an alternate barrier because they don't want us to use 1-80 to hold back water, as it does naturally. He said they are giving us a time frame of 14 months to do this. He said staff is looking at the North Truckee Drain as an early action item for the big Truckee River Corps of Engineering flood control project. He said Sparks is overseeing that design with the intent to get it built in the next two to three

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Minutes of the Special Meeting of the Sparks City Council for August 6, 2007

years, and with that staff anticipates we can lower the water surface about one foot. He said the ultimate fix will be the larger Corps of Engineers Truckee River Regional Project, which will cost about $800 million.

Mr. Seidel said that unfortunately, he could not say that the North Truckee Drain would take all the water away from 1-80, as was proposed in the City Letter of Map Revision (LOMR) and we are looking for an interim condition with 1-80 and there is still engineering being done on the larger project, so staff is going to have to negotiate a little more flexibility with NDOT on us, as a Region, delivering the North Truckee Drain and the larger Truckee River Project.

Mr. Seidel stated these were the main issues he saw in the agreement and our Assistant City Attorney Shirle Eiting has been working with NDOT on this agreement. He noted that the Provisional Accredited Levee (PAL) deadline is next Monday, so he will continue preparing the application this week.

He noted that another issue being worked on as of last Thursday was that prior to the late 607s, NDOT used easements to build highways, so fee title for the property underneath remained private property. NDOT is researching and verifying that they legally own 1-80 or have the legal right to sign the PAL.

He said NDOTYs main goal is to condition the City for indemnification and to be responsible for all the flood improvements and liability and we have agreed to that, in principle. He said NDOT is in the highway business and they want to maintain the Federal and State Highways and they do not want to be in the floodllevee business. He said the City is committed to do what we needed with the O&M and the flood portion of this project.

Ms. Eiting stated that the only thing that NDOT added to the agreement that we did not anticipate was the indemnification for inverse condemnation action for the property owners on the south side of 1-80, eastbound. She said this is a little above and beyond just flood damages.

Mr. Seidel stated that last Thursday we submitted our O&M, did inspections and finalized all the backup documentation that the City prepared and then forwarded it to FEMA. He said hopefully we will get the draft cooperative agreement done this week and the PAL submitted next Monday.

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le Special Meeting of the Sparks City Council for August 6, 2007

Council Member Smith asked if we had an additional 24 months to work this out. Ms. Eiting clarified that it has to be signed and approved by FEMA and upon their approval; the City would have another 24 months to finish up the accreditation of 1-80.

Council Member Smith asked if this means that in the mean-time everything is status quo and they don't have to pay extra flood insurance. Ms. Eiting stated that is assuming the PAL is signed and approved by FEMA. She said the preliminary map will stay the same and the flood designation will stay the same for the next two years.

Council Member Smith asked if NDOT did or did not want to participate in 1-80 being a levee. Ms. Eiting stated they want nothing to do with this. He then asked what our recourse was if the drain did not handle everything; were we going to build a wall? Mr. Seidel stated we have looked at that option and the estimate is $15 to 25 million. He said if we cut NDOT out of this altogether, we would build some type of sound wall or retaining wall along the north side of 1-80, between Sparks Boulevard and McCarran. He said this would be an alternate and NDOT would have to permit what we would be building and it seems like a big expenditure if we are going to invest in the North Truckee Drain and the larger regional flood project.

Council Member Smith asked what are we telling the potential businesses that are going to come to the Marina? Ms. Eiting said when FEMA first sent the letter out, the City was proactive and have had two meetings with the property owners and the developers are taking steps to be lifted out of the flood plain with the North Truckee Drain project.

There was a brief discussion regarding how the marina currently operates when there is a flood event.

Council Member Carrigan said he did not understand why NDOT was not cooperating, because 1-80 already exists and acts as a levee and there isn't much they have to do: just concur that we can use it as a levee. Mr. Seidel stated that was our intent, but the key for FEMA is who owns the propertynevee and who is responsible for maintenance and they have requested a cooperative agreement between the City and NDOT.

Council Member Carrigan asked if staff needed help from the City Council to talk to the Governor regarding NDOT cooperation.

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Minutes of the Special Meeting of the Sparks City Council for August 6,2007

City Manager Carey stated that staff would like to continue negotiations with NDOT; we just received the information we have been discussing on Friday afternoon and he believed that additional negotiations between staff is appropriate at this time. He stated that we will not lose the opportunity for the Mayor and City Council to talk to the political side of this issue, but presently it is a little early and he would recommend continuing this item to the 13 '~ so that staff can keep the Council in the loop as this situation evolves.

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to continue this item to the Special City Council Meeting scheduled for August 13, 3007. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSENT. Motion carried.

6. - Time: 9:16:57 a.m. Comments from the None. Council and City Manager

Adiournment Time: 9: 17:04 a.m.

There being no further business, the meeting was adjourned at 9:17 a.m.

Mayor

City Clerk >>>

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SPECIAL JOINT MEETING OF THE SPARKS ClTY COUNCIL AND THE RENO ClTY COUNClL

July 30,2007 1.00 p.m.

1. - A special joint meeting of the Sparks City Council and the Reno City Call to Order Council was called to order by Mayor Geno Martini at 1 :00 p.m. in the

California Building at ldlewild Park, 1000 Whitmore Lane, Reno, Nevada.

2. - SPARKS: Mayor Geno Martini, Acting City Clerk Carrie Brooks, Roll Call for Each Council Members John Mayer, Ron Smith, Mike Carrigan, Entity Ron Schmitt, City Manager Sham Carey, City Attorney

Chet Adams, PRESENT. Council Member Phillip Salerno, ABSENT.

RENO: Acting City Clerk Carmie Gunderson, Council Members Pierre Hascheff, Dan Gustin, Sharon Zadra, Jessica , Dwight Dortch, David Aiazzi, City Manager Charles McNeely, PRESENT. Mayor Bob Cashell, ABSENT.

Sparks Staff Present: Marc DeLaTorre, Steve Driscoll, Adam Mayberry, Randy Mellinger, Linda Patterson, Wayne Seidel and Victor Villarreal.

Reno Staff Present: John Ester, Chris Good, LeAnn McElroy, Jim Johns, plus other staff who did not speak and who were not otherwise identified at the meeting.

3. - The Pledge of Allegiance was led by Reno City Manager Charles Salute to the Flag McNeely.

4. - Public Comments None.

5 . - Approval of Minutes from the Joint Meeting of April 30, 2007

6. - Introduction and Comments by

A motion was made by Reno Council Member Aiazzi, seconded by Reno Council Member Zadra, to approve the minutes fiom the Joint Meeting of April 30,2007.

A motion was made by Sparks Council Member Schrnitt, seconded by Sparks Council Member Carrigan, to approve the minutes fiom the Joint Meeting of April 30,2007

The meeting facilitator, Mr. Dick Bowers, reviewed the short and lon term core issues of the two cities, as discussed at the April 30 B meeting: public safety, flood control, schools, management of rapid

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:s of the Special Joint Meeting of Sparks and Reno for July 30, 2007

growth, financial stability, and communication. He noted that the two cities also agreed that the public must be better informed regarding the challenges that the two cities face in funding service delivery. He said the central position was that we need to inform the public regarding the realities of Reno and Sparks revenue generation; the limitations in relationship to service provision; and encourage their informed support of systems improvements in the future.

Mr. Bowers stated that two primary points are being brought forward in an action plan: 1. When informing the public, there is a need to establish a factual

base of fiscal information through a professional analysis. A proposal on how to go about getting that fiscal analysis that allows us, in a completely objective way, to paint this picture of both the financial challenges and the implications to service delivery. A communication plan to inform the public which must be done in a planned, professional manner that engages them in a dialog and forms their perceptions. We need to positively inform the perceptions of the public with data that is legitimate and well-founded that will encourage their support as we go forward to address the financial challenges.

Mr. Bowers said that as we frame this issue and take it forward; when we address the economic and service delivery components and the education of the public; keep in mind that it is about sustainable quality service for the citizens, not a turf or equity issue (although that is a component).

The citizens have a right and need to be better informed in order to fully engage in way to improve the services they receive. The citizens deserve an opportunity to shape the future of their own city in an informed way, not dictated by the jurisdictions - - let the citizens make decisions about their future. The citizens are best served by distribution of tax dollars in the manner that produces the best service at the best value. Sparks and Reno are committed to work collaboratively to assure that the citizens of both cities are served well.

Mr. Bowers stated that staff has worked on these two main points and they have two presentations they will make today, with a request that the Councils act to support going forward with the direction that was established April 3oth.

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Minutes of the Special Joint Meeting of Sparks and Reno for July 30,2007

7. The Finance Director for the City of Reno, Andy Green, noted that this ~pproval of the presentation would outline a recommended scope of work for a fiscal Scope of Work for analysis (WP) that they would go forward with, based on the Fiscal Analysis Councils' direction. He said this recommendation came about as a Services result of the last joint meeting where staff was directed to come back

with a recommendation for a financial RFP that would form the basis of a public information campaign. He said we want to make sure the study shows where there is the most economic and efficient use of resources to provide services to this region and to identify areas of improvement in local government finances where we can do things better, not just as the two cities, but including Washoe County and other service provision entities throughout the region. And finally to develop long-term strategies to address provision of those services and collection of various revenues.

Mr. Green discussed a power point presentation as follows:

Fiscal Analysis Requests for Proposals Purpose of Study

Serve as a basis for public information program focusing on local government finances Identify areas of improvement in local government finances Development of short and long-term strategies to address service provision needs for local government

Work Scope -Two Phase Approach Phase I (key elements) - completed by December 2007 (because of time constraints with the legislative session) Analysis of local government revenues including sources, formulas, and legislative control (Assistant City Manager for Sparks, Steve Driscoll, said he wanted to emphasize this point because the policyfiom the joint Councils will become important as we get thejrst phase in. He said most of us don't understand the big picture, fiom State on down to the lowest level. Even those that work with it all the time sometimes forget exactly what it is; where does comesfiom; who controls it; and who can change it. He said we want to understand the formulas; because there is such a small piece that we can affect in any one year, particularly since we are basically at the cap, so we need to get the big picture$rst and then bring it down to the municipality level once we understand how it all Jlows together.) Analysis of where local government revenues are spent (Mr. Green said once we identzb what the revenues and sources are and get the bigpicture, we want to see where those existing revenues are being spent.)

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:s of the Special Joint Meeting of Sparks and Reno for July 30: 2007

Benchmarking of public services within Washoe County to other comparable local governments (Mr. Green - So that we know that the services we are providing are eflective and eficient services. Mr. Driscoll - there are ways to look and see how we are doing internally and compared to our neighbors, but we have a high level ofpride in the level of customer service and the number of customer services we are providing to our citizens. The idea is to look at what we are doing; how are we doing; and could we do it better; or are their opportunities for us to be more eficient in working with others that do similar things.) Review of "home rule" concept as it would relate to local governments in Nevada Recommendations resulting from Phase 1 analysis

Phase I1 - completed by April 2008 Home-rule recommendations for upcoming legislative session (Mr. Driscoll noted that this is not about whether or not we are asking the legislature to give up things, as much as understanding that we have a huge population in our state today that came fiom somewhere else, like California, Texas or Florida, to where they, at one level or another, have the ability to do some selfdetermination or home rule. He said getting back to understanding exactly what we have and how it works, the same issue is here: what decisions can we make based on what is there now and, ji-om an operational standpoint, ifthe state is not going to deal with it, how can we ask them to let us deal with it, because we are willing to do it.) Recommendations for stabilizing public safety funding. (Mr. Green - In various surveys in both Reno and Sparks, public safety is consistently the top one or hvo, as far as service provision requirementsji-om the public. So what we want the consultant to do is give us a ji-ame work for us do to some long- term and short-term planning to stabilize funding for public safe@) Analysis and recommendation of ways to improve utilization of inter-local agreements for service provision within Washoe County (Mr. Green - We have asked the consultant to take a look at how we are doing the interlocals as far as service provision andprovide some recommendations as to how we can do it better.)

Recommendations Provide direction on scope of work Authorize staff to finalize request for proposals with identified time-lines

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Minutes of the Special Joint Meeting of Sparks and Reno for July 30, 2007

Authorize staff to move forward with creation of blue-ribbon committee, subject to approval of the joint councils (Mr. Green - This is a little different ji-om previous fiscal equity studies. We are recommending the creation of a blue ribbon committee to he@ with the development of something that is effective and workable and a better product than in the past. Mr. Driscoll - This is an important step to what we are doing because people ji-om other places have different ideas and we need to let them bring what they knowfiom someplace else andput it in the perspective of what we are trying to educate them on. He said the second component is ifthe recommendation is that we need to do a ballot activity or change legislation, who better than the people we have educated, worked with, and listened to, to be ?he ones that carry the banner and take the issue forward and help direct that policy.)

Reno Council Member Sferrazza asked, under the home rule provision, if we have done any research as to whether the home rule provisions are binding, so that the legislature cannot come in and take away our funding.

Reno City Manager Charles McNeely responded that during the last legislative session they did bring this up and he talked to a number of legislators. He said they had some positive response, but they see it as something that the cities in this state need to come together to push. A lengthy discussion ensued regarding home rule and possible ways to pass legislation that would prevent the legislature from taking local government funds and from creating unfunded mandates.

Reno City Council Member Aiazzi said if we do have a blue ribbon committee, would it be better to authorize them and give them the staffing so they can do the study; or are we going to get another study done by another professional group, so the County can hire someone who will say just the opposite, which is what has happened in the past.

Reno City Council Member Gustin asked for discussion on who was going to be on the blue ribbon committee and how the members would be selected. Mr. McNeely said that staff felt this decision should be left to the two Councils, with the concept being to get a broad based set of residents who would have some influence to move forward with implementation after the study is completed.

Mr. Green said their recommendation is for broad-based representation on the committee (citizens and elected officials) so that the other entities can't challenge the work. Mr. Driscoll clarified that staffs

Page 5 of 12

es of the Special Joint Meeting of Sparks and Reno for July 30, 2007

intention was to create a document where the numbers are the numbers; then the consultant can interpret the numbers; and then we can look at policy. He said the RFP is designed to get the raw data, it is not about fiscal equity; it is about what is there and how does it work, how do we use it and are we using it in the best way?

Sparks City Council Member Schmitt said his concern is that as we develop this study we put in a "stop" safety valve so we don't get into a price war on how much each entity spends on the studies. Mr. Driscoll stated that this is what the scope of work in the RFP is trying to do.

Sparks City Council Member Schmitt also expressed concern that the time frame of April, 2008 was sufficient time if to do something in the legislature. Mr. Driscoll said yes, April was an appropriate deadline because it allowed us until August to work with our legislators on a bill draft request. However, the April deadline would be too late to do much on the ballot. Mr. Schrnitt suggested a possible for dual track, because his concern was that for the '09 legislative session the "no new taxes" policy may stay in place and if it does, we will see some big [financial] hits in 09.

Mr. McNeely stated staff felt that the April deadline would provide adequate time to get the study finished so the Council would have time to make a decision on whether to go the legislative route or put something on the ballot.

John Mayer asked if a question on the ballot would be an advisory question or a binding question, because if a committee of citizens put a binding question on the ballot, the committee could work outside the government because elected officials cannot campaign for a ballot question. Mr. McNeely said this would be a decision that the joint Councils would make.

Reno City Council Member Aiazzi asked what Reno and Sparks could put on the ballot that would be binding, because we can't raise sales tax or property tax. Reno City Council Member Sferrazza suggested putting something on that says they can't take away funding sources. Mr. Aiazzi said that would still require the County Commission to approve the question and the County Commission would have to make an early decision about what they are going to allow on the ballot and if they wait until April, then nothing will pass.

Mr. Carey stated that under the current relationship between the State Government and the Cities and Counties, if we are looking for things

Page 6 of 12


that are not in existing State law, we have to seek a legislative change. Therefore, he felt that we could have an advisory question on the ballot for the City of Sparks and the City of Reno andor we could choose to do it County-wide, but in all cases it would be limited to what was authorized by current state law. If we wanted something to send a message to the legislature that begins to show that this is the will of the citizens of the two cities or the cities and the county, that we do want to change to home rule, we could, but it would not be binding.

Mr. Aiazzi expressed concern regarding hiring a consultant to do the study versus having a blue ribbon committee do the study and educate the public.

Ms. Sferrazza noted that the legislators want a consensus from the CountyICities when they come to the legislature and regardless of how many studies we do, we won't see any change until the CitiesICounty agree on one package to present to the Legislators.

Sparks Mayor Martini stated there was no benefit for the County to come to the table on this issue. Year after year, at the end of the legislature, they have told the legislators that they are going to sit down with Reno and Sparks and work this out, but what happens.. . nothing. He said he felt we needed to "keep beating the drum" and let them know what is going on. He said he gets tired of the County forgetting that the people of Reno and Sparks live in the County also and we are getting the short end of the stick. Mayor Martini said the County does not need to come to the table -- they have all the money -- and we won't get them on board to get the formula changes because it takes money from the County. He said we are going to have to get the citizens of Reno and Sparks on board and get them to push this with their legislators.

Mr. Bowers said he felt that we could develop a blue ribbon committee that will cover these points and be the spokes person for the study. He said that one of the most powerful things political bodies can do is to set something in motion and then stay a distance from it, so it's objectivity is not in question by your engagement. He said if we form a blue ribbon committee, we need to give them ownership and provide the funds necessary to make it happen, but we need to stand back and let them bring this forward.

Reno City Council Member Hascheff said that when he was looking through the Phase 1 scope of work, it seemed to do the same thing as the fiscal equity study did. He asked what the scope of work gives us that the fiscal equity study hasn't already told us. Mr. Green said the

Page 7 of 12


7A. Request for Proposal for a Consultant to Complete the Fiscal Analysis Services

7B. - Approval of a Blue Ribbon Committee to Oversee the Work of the Consultant

fiscal equity study done by EPS went into a broad examination of regional services versus municipal services. He said this scope will better define regional services, rather than just calling them regional services.

Mr. Hascheff suggested the study look at who was in the best place to provide the service, not just whose jurisdiction it was. Mr. Gustin agreed and stated that the blue ribbon committee, made up of the right people, can put forth the information in a way that is believable to the citizens, who are the ones who will vote on this.

Mr. Aiazzi asked how long it would take to get together a blue ribbon committee. Mr. McNeely said that it could be put on the next Council agenda. There was additional discussion related to the size and membership of the committee.

A motion was made by Reno Council Member Aiazzi, seconded by Reno Council Member Sferrazza, to approve the scope of work for the fiscal analysis services; continue development of a formal RFP; and start forming the blue ribbon committee, including advertising, All YES. Motion Carried.

A motion was made by Sparks Council Member Smith, seconded by Sparks Council Member Mayer, to approve the scope of work for the fiscal analysis services; continue development of a formal RFP; and start forming the blue ribbon committee, including advertising, All YES. Motion Carried.

Sparks Council Member Mayer said he would like to see this go as fast as possible and he would like to see the committee formed as soon as possible. A suggestion was made for September 15th as a deadline. A comment was made that we need to give staff enough time to get this done.

Discussion for this item was held jointly with items 7 and 7B and is listed under item 7; with a joint motion providing direction to staff to continue development of a formal RFP for a consultant to complete the fiscal analysis services.

Discussion for this item was held jointly with items 7 and 7A and is listed under item 7; with a joint motion providing direction to staff to start forming the blue ribbon committee, including advertising.

Page 8 of 12


0 8. Mr. Bowers said that Part B of this discussion deals with what do we ~pproval of Joint do with the data. He introduced Sparks' Public lnformation Officer Communication Adam Mayberry who, along with Terri Hendry and Chris Good from Action Plan Reno, gave a power point presentation outlining a public information

campaign.

Reno/Sparks Joint Information Campaign on Fiscal Fairness - July 30,2007

The F.1.RS.T. Communication Plan (Fairness in Reno Sparks Taxes)

Getting What You Need - Paying for What You Get This joint Renoisparks communication strategy would be put in place during the preparation and release of the proposed fiscal fairness study.

KEY OBJECTIVES Inform residents of joint effort to fimd a fiscal fairness study Explain why its important and necessary Develop a Plan to communicate study results

AUDIENCE Legislators and local elected officials Registered voters in Reno and Sparks Business and community leaders Residents who may assume Nevada cities have home rule

KEY POINTS Ensure taxpayers get the services they need and pay for what they get Mutual cooperation 1 work together with elected officials at all levels Importance of Home Rule

IMPORTANCE OF HOME RULE Citizens would have a greater voice in choosing where and how their tax money is spent Public Safety Roads Parks

EXAMPLES OF MESSAGES:

Reno provides the County with 70 percent of its sales tax, receives 30 percent.

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:s of the Special Joint Meeting of Sparks and Reno for July 30,2007

Sparks provides the County with 28 percent of its sales tax, receives 13 percent. The cities have no control over nearly 70 percent of revenue stream

The population donut hole: Residents who use city services but do not pay for those services =

25% Residents who live in the cities and also pay County taxes = 75%

Property Tax distribution for each city (Reno and Sparks) Cities = 25% Washoe County = 28% State of Nevada = 5% Washoe County School District = 38%

FUEL TAX distribution for roadway maintenance and repair: Washoe County = 5 1 -8% Reno = 34.8% Sparks = 13.4%

Lane miles: Washoe County = 694 Reno = 2,124 Sparks= 615

ACTION PLANS - Ms. Hendry said that while the images are simple, the information is very complicated. She said what we are trying to convey is why this is important and why people should be engaged and why they would want to know more about this. We already know the reason we exist is to provide services and one of three key messages: getting what you need, paying for what you get, mutual cooperation and why this is important. And the third thing, why home rule is important. She said there are a number of means we can use to get those images and messages out to our citizens.

Joint Public Information Create joint website (Include the Blue Ribbon Task Force information) Combine e-mail distribution lists Joint SNCAT television programming Distribute DVD's of programs, use video clips on joint website Create shorter video versions driving viewers to website Other forms of communication including joint briefs, brochures, pamphlets Look for opportunities wherever possible in all communications fiom both Cities

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Establish regular meetings among elected officials at all levels Establish a FIRST Blue Ribbon Task Force Oversee Study Process Provide Recommendations on Results

Ms. Hendry noted that all the action plans that they have proposed are going to be done "in house" because we have the ability to do this; however, if the Councils have another direction, they would certainly be open to any suggestions. She said the Blue Ribbon Committee may provide recommendation on how they can best convey this information to the citizens.

Reno Council Member Sferrazza noted that the annual meeting of the League of Cities, a big part of their forum is the home rule issue and she felt we were using an opportunity to use the media at our disposal because it is not just a RenoISparks issue, it is a state-wide issue with all the local jurisdictions and she felt there were more jurisdictions throughout the state interested in this issue and we should check to see if there were other municipalities who were on board with this.

Reno Council Member Gustin said a key issue is home rule. He said Mr. Driscoll said something earlier about people coming from other states and we really need to make sure that message is out there. He said if we can't get a Blue Ribbon Committee together to carry this forward, it is not the elected officials who lose, it is the citizens who lose [services].

Reno Council Member Zadra said we need to be specific in the language we use to communicate the message - how does that impact me. She said she liked the graphics that the publicity team displayed and she felt that we were going to have to buy some media to get our message across [billboards].

Sparks Council Member Carrigan agreed that we needed to keep the message simple.

Reno Council Member Dortch said that is what the blue ribbon task force is for; they will give us recommendations on what we need to do.

Mr. McNeely said we have set aside money to use to get the word out, but we have to be careful that we don't cross the threshold from educating to advocating.

A motion was made by Reno Council Member Dortch, seconded by Reno Council Member Zadra, to authorize staff to finalize a request

Page 1 1 of 12


for proposals (RFP) with identified time lines. All YES. Motion Carried.

A motion was made by Sparks Council Member Mayer, seconded by Sparks Council Member Carrigan, to authorize staff to finalize a request for proposals (RFP) with identified time lines. All YES. Motion Carried.

9. - A motion was made by Reno Council Member Aiazzi, seconded by Adjournment Reno Council Member Dortch, to adjourn. All (including Sparks)

YES. Motion Carried.


Page 12 of 12

REGULAR MEETING OF THE SPARKS CITY COUNCIL July 23,2007 3:00 p.m.

I . - Time: 3:01:15 p.m. Call to Order The regular meeting of the Sparks City Council was called to order by


2. - Time: 3:01:19 p.m. Roll Call Mayor Geno Martini, Council Members John Mayer, Phillip Salemo,

Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adams, Acting City Clerk Helen Elliott, PRESENT. Council Member Ron Smith, ABSENT.

Staff Present: Carrie Brooks, Marc DeLaTorre, John Dotson, Shirle Eiting, Bill Finley, Shaun Gooch, Ben Hutchins, Robert King, John Martini, Adam Mayberry, Joann Meacham, Randy Mellinger, Annando Omelas, Margaret Powell, Jim Rundle, Andy Simpson, Mindy Snyder, Tim Thompson.

Invocation and Time: 3:01:37 p.m. Pledge of Allegiance The invocation was given by Bishop S. Clay Jorgensen, Church of

Jesus Christ of Latter Day Saints and the Pledge of Allegiance was led by Council Member Ron Schmitt.

Comments from the Time: 3:03: 19 p.m. Public Ms. Shirley Bertschinger, 832 Olancha Court, spoke regarding the bid

award for the Golden Eagle Regional Park at the last meeting.


adding items which require action upon a fmding that an emergency exists.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve the agenda as posted. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

3. - Time: 3:06:02 p.m. Approval of the A motion was made by Council Member Salemo, seconded by Minutes Council Member Mayer, to approve the Minutes of the Regular

Meeting of July 9, 2007. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

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Minutes of the Regular Meeting of the Sparks City Council for July 23, 2007


4.1 - Time: 3:06:36 p.m. Presentation from Fire Marshall Bob King gave a presentation on the Sparks Fire Sparks Fire Department's implementation of a Smoke Alarm Education Program Department for the City of Sparks and noted that their annual Pancake Breakfast

was scheduled for October 6th, 2007 at the Fire Headquarters on Victorian Avenue.

5. Consent ltems: Time: 3:21:59 p.m. Consent Item 5.6 was pulled for discussion and separate vote.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve Consent ltems 5.1, through 5.5, 5.7 and 5.8. Council Members Mayer, Salemo, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

5.1 - An agenda item from Finance Director Terri Thomas recommending Report of Claims and approval of the Report of Claims and Bills approved for payment and Bills the Appropriation Transfers made since the last regular Council

Meeting for the period covering June 21,2007 through July 3,2007.

5.2 - An agenda item fiom Fire Chief Andy Flock recommending the City Grant Contract to Council authorize the Mayor to sign a grant program contract to award Fire Department for the Fire Department $3,063 for the purchase of a Scott 4.5 - 30 minute A SCBA Cylinder SCBA, Level C Hazmat suit, regulator, and one face plate. As part of and Level C Hazmat the Local Emergency Planning Agency's Grant process, the Sparks Suit Fire Department was awarded a grant to cover the purchase of a SCBA

(self-contained breathing apparatus) Level C Hazmat suit.

5.3 An agenda item from Assistant City Manager Steve Driscoll and Approval to Add a Public Works Director Wayne Seidel recommending the City Council Public Works approve adding a Public Works Inspector I/II and a Senior Inspector LIII and a Administrative Analyst to the complement fiom the Sewer Enterprise Senior Fund Working Capital. Public Works is requesting these two positions Administrative with associated equipment from the fiscal year 07/08 Sewer Enterprise Analyst to the Sewer budget. The Effluent Reuse Utility has grown to the point where it Enterprise Fund needs to be addressed with dedicated personnel in order to avoid

human safety issues and liability issues. In addition the Public Works Department has recently been notified by the Nevada Department of Environmental Protection (NVDEP) of new permit conditions, effective August 2007, which cannot be adequately addressed with existing staffing levels.

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Minutes of the Regular Meeting of the Sparks City Council for July 23,2007

5.4 An agenda item from Benefits and Risk Manager Randy Waterman Agreement With recommending the City Council approve an agreement between the ARC Med Centers1 City of Sparks and ARC Med CentersISaint Mary's for Occupational Saint Mary's for Health Services. The City has provided occupational health services Occupational Health through Concentra and Dr. Michael Haley. Concentra's contract with Services the City expired on July 1 , 2006 and has been month to month. Dr.

Haley has never had a contract with the City, but has verbally agreed to the same prices as Concentra. The City bid these services and four bidders responded. After careful analysis, as well as meetings with labor unions, it was determined that the bid should be awarded to ARC MedCentersJSaint Mary's, based on pricing, proximity of facilities, business continuity planning and a commitment of superior customer service.

5.5 An agenda item from Deputy Director of Community Development Final Subdivision John Martini recommending the City Council approve a final Map for Marina Villa subdivision map for Marina Villa Condominiums. This map will condominiums create 127 new residential units and 8 new commercial units generally

located on the southwest corner of East Lincoln Way. The current zoning is PD and the developer will be Marina Village, LLC. The final map and civil improvement drawings have been reviewed and found to be acceptable. The appropriate fees have been paid and a subdivision improvement bond has been filed with the City Clerk to guarantee the construction of public improvements.

5.6 Time: 3:22:43 p.m. Refund of Sewer An agenda item from Infrastructure Administrator Ben Hutchins Connection Fees to recommending the City Council approve a refund of $1,264,050.00 in Lennar Communities sanitary sewer connection fees to Lennar Communities for their

decision not to move forward with the development of Eagle Canyon, Phase 4, Units 3 through 5. In June 2005, the City of Sparks entered into an interlocal agreement with Washoe County that required all developers to pay the City sanitary sewer connection fees in the amount of $5,618 per home. In October 2006, Lennar Communities paid Washoe county $1,264,050 for sanitary sewer connection fees for 225 homes anticipated to be built. The County subsequently remitted this payment to the City. Lennar Communities then decided not to build the homes and requested a refund from the County. The County has requested that the City make a refund payment directly to Lennar rather than to the County.

Council Member Carrigan asked where the project was located and if we received interest on this money and whether we had to pay that interest to the developer, as well as refund the fees. Public Works Director Wayne Seidel explained that Lennar was building in the

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; of the Regular Meeting of the Sparks City Council for July 23, 2007

County and the County collects their sewer connection fees on the final map, before the developer pulls building permits and the County then passes those fees on to the City. He explained that Lennar requested the refund from the County and the County has passed on the request to Sparks, who ultimately received those fees. Mr. Hutchins said that there is no provision for interest refund in our agreement with the County and we have no plans to refund the interest at this time. Mr. Hutchins also clarified that the City has no direct relationship with the Lennar and that this refund is related directly to the agreement we have with the County.

Council Member Schmitt asked what was the City's overall policy regarding these types of refunds and what is the limit on how long a developer has to request a refund on these types of fees. Mr. Seidel stated that this refund is specific to the County, which collects their money on the front end. He said our Building Department collects those fees when the Developer applies for a building permit and this is the first refund of this type. City Manager Carey noted that the general accounting practice in Sparks has been to entertain refunds for not more than a three year period. He said that in this case the City has entered into an agreement with the County and we have not utilized these funds at this time.

Council Member Schmitt asked if this was going to be a repeat item that is going to start popping up. Mr. Hutchins stated that this is a Washoe County project and it is hard to know what the Development Community is thinking and it is really hard to predict the future in this economy. Council Member Schmitt said this is why he wants to know what our policy is, so we don't have developers requesting refunds years down the road. Mr. Carey stated the general practice of three years does not specifically apply to building permits and he would provide the Council with a report on the City's liability and examine the City's policy on refunds.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve Consent Item 5.6. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

An agenda item from City Engineer Pete Etchart recommending the he City Council enter into a joiner bid with the City of Reno for the anent 2007/2008 Permanent Patch Project to West Coast Paving, Inc., in the tract amount of $300,000.00 (City of Reno Contract No. F100051). For the *st past three fiscal years Sparks has joined with Reno for their permanent

patch program. Because Reno's program is considerably larger than

Page 4 of 13


Sparks' program, we are able to take advantage of exceptional unit pricing by joining with Reno's contract.

5.8 - An agenda item from Transportation Manager Jon Ericson Bid Award of Street recommending the City Council award to Granite Construction Rehabilitation Project Company the bid (No. 06/07-054) for the Street Rehabilitation Project to Granite in the amount of $300,793.00. This project involves the asphalt Construction replacement on several older local streets. The existing roadway will

be cold milled out and replaced with new Type 3 asphalt. The areas that will be rehabilitated are: O'Callaghan Drive between Fargo and Rosemary; Boise Drive between E. Greenbrae and E. Quail Street; and O'Brien Way between E. Greenbrae and Tanglewood. The Type 3 asphalt material for the O'Callaghan portion of this project will be supplied by the City from a previously awarded bid.


6.1 - Drafi Cooperative Agreement with NDOT to Partner and Meet the FEMA Accreditation Requirements for I- 80 as a "Levy-Like" Structure

Time: 3:29: 10 p.m. An agenda item from Public Works Director Wayne Seidel recommending the City Council approve a Draft cooperative Agreement with the Nevada Department of Transportation (NDOT) to partner and meet the FEMA accreditation requirements for the FEMA identified L19 Section of Interstate 1-80 as a "Levee-like" structure, as part of the City Letter of Map Revision (LOMR) DATED July 21, 2005 for the Sparks Marina Area and the FEMA Provisionally Accredited Levee (PAL) letter dated May 14, 2007, which will allow the City and NDOT an additional 24 months to fully certify this levee- like structure to the criteria and requirements of the Code of Federal Regulations, Title 44, Section 65.10 (44.CFR 65.10).

h. Seidel stated basically FEMA is re-mapping all the flood maps in the region and we received a LOMR that was approved in October of 2005 that removed the Marina from flood zone 2, using 1-80 as a levee-like structure. He said the PAL letter asked us to, within 90 days, hook up with NDOT, who owns 1-80, and work with them to assure that maintenance is being performed to keep 1-80 in place during the next flood.

Mr. Seidel stated there is a draft cooperative agreement to work with NDOT; we have hired Quad Knopf Consultants; we have written an O&M Plan on what the City is going to do to inspect L19 (a 1.5 mile section of 1-80> from Howard to Sparks Blvd., south of the Marina); we have hired Black Eagle Geotechnical Consultants to do the Geotechnical analysis to make sure it will keep water back and stand when water is up against it; and we have hired Oddysey Engineers to

Page 5 of 13


perform some surveying to verify profile elevations; all so have enough information to feel comfortable as a City and for NDOT to approve this PAL by August 13Ih. He said upon approval of the PAL letter, we will have 24 months to work with FEMA and Quad Knopf to get this section of 1-80 certified as a levee-like structure.

He noted that 1-80 is 200 feet wide and was built in the 1960's as Interstate 1-80. He said it has had a couple of floods against it since it was built and we are pretty comfortable that it is going to stand.

He said our staff drafted the interlocal agreement and they have met with NDOT and are anticipating some edits from their attorneys as well as their technical staff who is reviewing it. Mr. Seidel stated we have had good response from the local NDOT staff and from the Director and her staff and he is recommending that the Council approve the draft interlocal agreement, which will allow some edits and allow staff to get the agreement finalized and signed by August 13Ih, which is the 90 day deadline.

Council Member Carrigan commended staff for putting an O&M Manual together so quickly. Mr. Seidel thanked the Citiworks crew who worked on this project and noted that this is the first PAL in the nation and it has been a team effort to get to this point.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve the preliminary draft Cooperative Agreement with NDOT to partner with, and as part of the FEMA Provisionally Accredited Levee letter and the future levee certification requirements; and authorize the Mayor and/or authorized agents to sign the PAL and approve the final agreement with edits that may be associated with NDOT'S review of these documents. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

6.2 - Time: 3:36:53 p.m. lS'Reading ofBill Acting City Clerk Helen Elliott read Bill No. 2551 by title, an No. 255 1, Amending ordinance amending criteria for incorporation of newly annexed land SMC 2.03 by into wards; and providing other matters properly related thereto. Changing the Criteria for Incorporation of Mayor Martini announced that the public hearing and second reading Newly Annexed of this bill would be conducted at the Regular City Council Meeting of Lands into Wards August 13,2007.


Page 6 of 13



8.1 - Public Hearing and Adoption of Bill No. 2546, PCN0703 1, To Extend the Time to Approve An Annexation, Rezoning, Special Use Permit and Tentative Map (Wedekind Road . Project)

8.2 Public Hearing and Adoption of Bill No. 2547, CA- 1-07, Providing for Compensation of Planning Commissioners

Time: 3:46:43 p.m. An agenda item from Associate Planner Summer Pellett, requesting the City Council conduct a public hearing and adopt Bill No. 2546, an ordinance approving an agreement to extend time to approve annexation, rezoning, tentative subdivision map and special use permit (Wedekind Road Project).

Senior Planner Tim Thompson noted this was a request for a time line extension for a project on Wedekind Road. The applicant is proposing an annexation, rezoning, a special use permit, a tentative map and other entitlements on the property and in order to process each of those applications concurrently, so the Council sees them all at one time, staff is asking the Council to approve, by ordinance, this request to extend time limits.

Council Member Carrigan said he did not remember having to do an ordinance for something like this. City Planner Margaret Powell stated this falls under NRS 278A and the NRS states specifically states that this type of development agreement requires an ordinance.


A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to approve the development agreement and Bill No. 2545 (Ordinance No. 2366) associated with PCN07031 to extend the Planning Commission and the City Council's time to approve an annexation, rezoning, special use permit and tentative map. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 3:40:29 p.m. An agenda item from Assistant Planner Andy Simpson, requesting the City Council conduct a public hearing and adopt Bill No. 2547, an ordinance providing that the members of the Sparks Planning Commission be paid for their service as Planning Commissioners; and providing other matters properly related thereto.

Mr. Simpson noted that on June 7, 2007, the Planning Commission forwarded a recommendation of approval of an ordinance modifying Title 2 of the Sparks Municipal Code to provide for compensation of the Planning commissioners and payment of their reasonable travel

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; of the Regular Meeting of the Sparks City Council for July 23,2007

expenses in the maximum amount of $80.00 per meeting, not to exceed $400 per month, as provided for by State statute NRS 278.040, with an effective date of July I , 2007.

Mr. Simpson noted that at the March 13, 2007, Planning Commission meeting the Commission requested that staff do research to find out what other jurisdictions are paying their Planning Commissioners. He displayed a table as outlined in the staff report, and noted that Sparks is in the middle of the table in terms of population.


Planning Commissioners Tom Lean and Bruce Breslow both spoke in support of the ordinance, citing the price of gas as one of the factors in requesting compensation, because it costs more and more to visit all the sites and investigate all the items that the Commission has to consider at meetings.

There being no comment, the public hearing was closed.

Council Member Salerno commented that it was nothing new to compensate board members for their time and effort.

Council Member Schmitt asked if a workshop was considered a meeting. After some discussion, the consensus was that if the meeting was publically noticed, then it was considered a meeting.

Mayor Martini commented that it was about time.

A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to adopt Bill No. 2547 (Ordinance No. 2367, an ordinance modifying Title 2 of the Sparks Municipal Code and direct staff to allocate funds to provide for the compensation of Planning Commissioners, in the maximum amount provided by statute, with an effective date of July 1, 2007. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 3:48:30 p.m. nd An agenda item from Senior Planner Jim Rundle, requesting the City No. Council conduct a public hearing and adopt Bill No. 2548, a general 1, ordinance providing for the rezoning of certain lands owned by the .cres City of Sparks, from PF (Public Facility) to C2lTOD (General OD CornrnercialM'ransit Oriented Development Overlay) for a parcel

Page 8 of 13


0 at 43 1 Prater Way approximately 4 acres in size in the City of Sparks, located at 431 Prater Way; and providing other matters properly relating thereto.

Mr. Rundle noted that this was a familiar address (City Hall) and displayed a map showing the location of the property. He stated that the 2000 Downtown Amended Victorian Square Phase 11 includes the possibility of moving the City Hall functions into a new facility on Victorian Square and if that comes to fruition and the City needs to sell the existing site, staff felt it would be proactive to re-Master Plan and rezone this site from Public Facility to General Commercial, so that the proper zoning would be in place.

He said that staff carefully reviewed the site to make sure that this Master Plan Designation and zoning would not inhibit the City from doing something with this site. "City Hall" is a permitted use under the proposed zoning and if we needed to expand, we could do certain expansions under this new zoning. It was also staffs feeling that this was the most flexible zoning for other applicants.

Mr. Rundle noted that, as required by law, a neighborhood meeting was held in the Council Chambers regarding the proposed changes and only two citizens attended the meeting.

Council Member Salerno asked if this included the City-owned parcel next to the American Legion building across 4th Street. Mr. Rundle stated that no, this change did not include that parcel.


A motion was made by Council Member Mayer, seconded by Council Member Salemo, to adopt Resolution No. 3065, associated with PCN07028, certifying the Planning commission approval of a change in the Master Plan from Public Facility to General Commercial, adopting findings P1 through MP4 and the facts supporting these Findings as set forth in the staff report. Council Members Mayer, Salerno, Carrigan, Schrnitt, YES. Council Member Smith, ABSENT. Motion canied.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to adopt Bill No. 2548 (Ordinance No. 2368), the rezoning request associated with PCN07028 to rezone 4 acres from PF (Public Facility) to C2ITOD (General CommercialITransit Oriented Development) based on findings Z1 through 23 and the facts

Page 9 of 13


supporting these findings as set forth in the staff report. Council Members Mayer, Salemo, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

8.4 Time: 3:53:43 p.m. Public Hearing and An agenda item from Senior Planner Jim Rundle, requesting the City Adoption of Bill No. Council conduct a public hearing and adopt Bill No. 2549, a general 2549, PCN07028, ordinance providing for the rezoning of certain lands owned by Silver Imposing a TOD on Club; Davis, Wayne J & Janice L; Goldy Investments LLC; N2FYR 30 Parcels located on Investments, LLC; Daniels, Anthony D & Shannon R; Green, John M Victorian Avenue & Margaret; W & K Properties, Inc.; Scott's & Josephine's Prop LLC;

O'Banion, Scott & Josephine; Luchetti, Eleanor A; Hansen, Gary B & Erin D; Lopez-Rodriguez, Juan L; Campbell, James L; Papas, Eleni; Scherschel, John; Viola, Rudolph Jr.; Kelly, Joan K; Besso, Nevada E; Patel, Gopal & Nalini; Harrison, Jon F & Jean L; Litke, Ewald & Bette J; Randhawa, Joginder S; Ralphs, Diane; Lithia Real Estate Inc; and Nicks, and Kenneth C; fiom C2 (General Commercial) to C2/TOD (General Cornmercial/Transit Oriented Development Overlay) for one parcel and fiom TC (Tourist Commercial) to TCITOD (Tourist CommerciaVTransit Oriented Development Overlay) for 29 parcels totaling approximateIy 8.37 acres in the City of Sparks; the 29 TC zoned parcels are generally located along the northern side of Victorian Avenue, east of Pyramid Way, west of Nichols Boulevard, and the one C2 parcel is located south of "Dm Street and west of the alley for the C2 parcel; and providing other matters properly related thereto.

Mr. Rundle displayed a map and noted that in 2002, the City of Sparks designated the outlined area for transit oriented development. He said the regional plan speaks about municipalities providing incentives to property owners to develop more dense land uses within this TOD area. He stated staff chose 30 parcels in the City that they felt were high priority for rezoning; these parcels are generally located along Victorian Avenue, east of the In-N-Out Burger site to just west of the Lithia Car Dealership. He stated there was also one parcel next to the Silver Club.

Mr. Rundle stated that staff felt the TOD overlay would provide more flexibility to property owners to develop higher density projects. He noted that he received a number of calls fiom property owners who were concerned about what standards they were going to have to comply with and Mr. Rundle stated he went over the interim TOD standards with each of the property owners and he said all of them were happy with the ability to do more density and the ability to change parking and landscaping standards and that the City is trying to

Page 10 of 13


help.

John Mayer noted that the City had previously turned down a proposed project at 3rd and Victorian. Mr. Rundle emphasized that with the TOD overlay, the property owners still had to meet the other code requirements for projects, as well as the TOD standards, and this zone change does not mean a property owner can do anything they want on their property. He stated that if the applicant applied for that same project with a TOD overlay, staff would still have to turn down his project because of the size of the project proposed by the applicant.

Council Member Schmitt asked if, when Mr. Rundle talked to the property owners, they expressed any interest in specific projects. Mr. Rundle stated that he went into detail regarding one project proposed by one of the property owners on what would be required for a restaurant in this area and another property owner did ask for ideas on what they could do with their parcel; however, there were no actual projects reviewed. Mr. Rundle noted that most of the property owners were happy because by the City doing the rezoning, it saved them quite a bit of cost to do a rezoning themselves. Mr. Schmitt asked if there was any appetite from the City or the property owners to start talking about developing a master theme, style, etc., to facilitate some quality, high-end investment in this area. Mr. Rundle stated the City did hold a TOD workshop and about 50 people signed in. He said staff is attempting to put examples in the final TOD standards to show people what they can do on their property, but as for a consensus on any type of theme, staff has not worked on that.

Council Member Schmitt commended one property owner in this area who recently gave their business a "face lift" and contributed significantly to changing the appearance of the area and changing what people think of the City of Sparks, because it is highly visible from the freeway.


A motion was made by Council Member Mayer, seconded by Council Member Salerno, to adopt Bill No. 2549 (Ordinance No. 2369), the rezoning request associated with PCN07028 to rezone 29 parcels &om TC to TCITOD and one parcel from C2 to C2/TOD, based on findings Z1 through 2 3 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

Page 1 1 of 13


8.5 Public Hearing and Adoption of Bill No. 2550, Creating the City of Sparks Tourism lmprovement District No. 1 (Legends at Sparks Marina)

Time: 4:13:34 p.m. An agenda item from Assistant City Manager Randy Mellinger, requesting the City Council conduct a public hearing and adopt Bill No. 2550, an ordinance of the City Council of the City of Sparks creating the City of Sparks Tourism lmprovement District No. 1 (Legends at Sparks Marina) and pledging a portion of the proceeds of certain taxes imposed with regard to tangible personal property sold at retail, or stored, used or otherwise consumed in said district, pursuant to the tourism improvement district law, Nevada Revised Statutes Chapter 271 A, and concerning other matters properly relating thereto.

Mr. Mellinger noted that this ordinance does not issue STAR bonds, but sets up a district that allows us to issue STAR bonds, which we anticipate doing this fall. He noted that the City has been working on this for several years and that the many of the required findings have been done under previous hearings such as the preponderance hearings, the Tourism Commission approvals and the Governor's approval; however, three other findings are being made today, and these are listed on page 3 of the staff report. He noted a correction in the findings, stating the findings indicate 45 acres, but the area is actually 145 acres.


Mr. Don Young, 11 85 Harbour Cove Court, asked to go on record as opposing the STAR bonds for any project.

There being no comment, the public hearing was closed.

Mr. Mellinger displayed a map outlining the area of the proposed TID and City Manager Sham Carey disclosed that the aeral map displayed by Mr. Mellinger was not the official map prepared by Oddesey Engineering which was included in the attachments to the ordinance as Exhibit A4.

Council Member Schrnitt noted that the City has been working on these STAR bonds for over four years now and if anyone had any questions or concern about economic development, he would encourage them to look up Wyandotte County in Kansas, that a little over six years ago was one of the poorest Counties in the entire mid- west and STAR bond legislation enabled them to create an economic investment into that community that is unprecedented.

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A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to adopt Bill No. 2550 (Ordinance No. 2370), an ordinance creating the City of Sparks Tourism Improvement District No. 1 (Legends at Sparks Marina). Council Members Mayer, Salerno, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

9. - Time: 4:22:21 p.m. Comments from the City Manager Carey announced a vacancy on the Parks and Recreation Council and City Commission. Manager

Council Member Mayer said he was getting a lot of calls regarding the sloppy way Waste Management was doing garbage pickup, scattering debris when they empty the toters in the trucks.

Council Member Mayer also expressed concern regarding the safety of citizens in the park due to people not following the rules and he said he would like to see the Park Rangers start giving out citations for disruptive and unruly behaviors.

10. a Adjournment

Time: 4:26:28 p.m. There being no fiuther business, the meeting was adjourned at 4:16 p.m.

Mayor

City Clerk >>>

Page 13 of 13

SPECIAL MEETING OF THE SPARKS CITY COUNCIL July 16,2007 2:30 p.m.

1. - Time: 2:30: 19 p.m. Call to Order The special meeting of the Sparks City Council was called to order


I I

I 2. Time: 2:30:26 p.m. Roll Call Mayor Geno Martini, Acting City Clerk David Fitzpatrick,

Council Members John Mayer (via phone for vote on 6.2 only), Phillip Salerno, Ron Smith (via phone for vote on 6.2 only), Mike Carrigan, Ron Schrnitt, City Manager Shaun Carey, City Attorney Chet Adarns, PRESENT.

Staff Present: John Dotson, Rick Bareuther, Steve Driscoll, Stan Sherer, Brian Bessette, Dan Marran, Shirle Eiting, Randy Waterman, Janet Solano, Chris Cobb, Pete Etchart, Adam Mayberry, Margaret Powell, Andy Flock, Armando Ornelas and Carrie Brooks.

Pledge of Allegiance Time: 2:30:50 p.m. -

0 The Pledge of ~ l l e ~ i a n c e was led by Council Member Salerno.

Comments from the Time: 2:3 1 : 17 p.m. Public None.

Approval of the Agenda Time: 2:31:23 p.m. Consideration of taking items out of sequence, deleting items and adding items which require action upon a finding hat an emergency exists.

A request was made to move item 6.2 to the first item on the agenda.

--

Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

*I" * t

3. - Time: 2:46:47 p.m. Approval of the Minutes A motion was made by Council Member Schmitt, seconded by

Council Member Carrigan, to approve the Minutes of the Special Meeting of June 29, 2007. Council Members Salerno, Carrigan, Schrnitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.

Page 1 of 10

Minutes of the Special Meeting of the Sparks City Council for July 16,2007

4. Announcements, Presentations and Recognition Items and Items of Special Interest: NONE @ 5. Consent Items: Time: 2:47:20 p.m.

A motion was made by Council Member Schmitt, seconded by 1 I

Council Member Carrigan, to approve Consent Items 5.1 through 1

5.5. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried. I

5.1 - An agenda item from City Engineer Pete Etchart recommending Amendment No. 2 to the City Council approve Amendment No. 2 to the Nevada NDOT Agreement for the Department of Transportation Agreement PR612-05-063 for the Victorian Avenue fall construction of the Victorian Avenue Stewardship Project Stewardship Project which includes both Phase I and Phase 11. This project will

improve sidewalks, landscaping and lighting on Victorian Avenue fiom Rock Boulevard west to 21St Street. Funds were budgeted and are available for this project.

5.2 - An agenda item from Public Works Director Wayne Seidel Professional Services recommending the City Council approve a professional services Contract with Stantec for contract with Stantec Consulting for Inspection and Materials Inspection and Materials Testing services associated with the construction of the Golden Testing Services Eagle Regional Park in the amount of $273,416. The City Associated with the requested a proposal from Stantec for these services. Stantec has Golden Eagle Regional provided all the civil, geotechnical, and survey services for both Park the mass grading and final design phases of the sports complex.

Funds are available for this contract.

5.3 - Professional Services Contract with Stantec for Surveying Services Associated with the Golden Eagle Regional Park

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve a professional services contract with Stantec Consulting for Surveying services associated with the construction of the Golden Eagle Regional Park in the amount of $132,275. The City requested a proposal from Stantec for these services. Stantec has provided all the civil, geotechnical, and survey services for both the mass grading and final design phases of the sports complex. FiZds are available for G i i - - contract.

5.4 - An agenda item from Public Works Director Wayne Seidel Award of the Golden recommending the City Council approve Bid No. 06107-049, for Eagle Regional Park the purchase of Sport Lighting Material associated with the Lighting to Musco Sports construction of the Golden Eagle Regional Park in the amount of Lighting, LLC $729,875. This is the purchase of the lighting materials to supply

to the project's general contractor for installation. Staff determined that based on the quantity, cost, and specifications of the sports lighting materials, it would be more beneficial to bid this

Page 2 of 10 I


5.5 - Purchase of Street and Parking Light Poles for the Golden Eagle Regional Park Project from Great Basin Lighting

item separately rather than place it in the bid for the park construction. Funds are available for this contract.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve the purchase of street and parking light poles associated with the Golden Eagle Regional Park from Great Basin Lighting, Inc., in the amount of $372,188. As a portion of the second phase of this project, street and parking lot lights are to be installed that will match the existing lights that have been installed on previous City projects. The Public Works Department also requires that all street and parking lot light fixtures used on City projects be on the Sierra Pacific Power Company approved list of fixtures. Due to past problems with light poles and in an effort to maintain architectural consistency and a minimum of maintenance parts inventory, the City has been supplying the light poles for public works projects rather than adding them to project bids. At this time Great Basin Lighting is the sole provider of the required cast iron light poles.


6.1 Time: 2:48:03 p.m. Approval of Health An agenda item from Risk and Benefits Manager Randy Benefits Plan Changes Waterman recommending the City Council approve changes in the Ratified by the City's Health Benefits Plan which were ratified by the City's Group Group Health Committee Health Committee. At it's June 19, 2007 meeting the Committee

ratified broad cost saving changes to the City's health benefits plan. Some of the changes are scheduled to go into effect on October 1, 2007; the remainder will be effective January 1, 2008. These plan changes must be approved by the City Council before going into effect and are outlined in the staff report.

Mr. Wateman stated that these changes are being made in an effort to manage plan costs, which will ultimately allow the City to keep hture rates as low as possible. He stated that cost savings from these changes are projected to be more than a half a million

. - dollars per year. ~ r . 'waterman stated i f is a requirementTf3Te- various labor contracts that health plan changes ratified by the Group Health Committee must also be approved by the City Council. He noted that Council's approval will bind all the labor groups to these changes.

He then reviewed the changes as outlined in the staff report and responded to questions and concerns from Council Members.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve the changes in the Health

Page 3 of 10


Benefits Plan as outlined. Council Members Salerno, Carrigan, I Schrnitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.

6.2 - Time: 2:32: 16 p.m.* Bid Award of the Golden An agenda item from Public Works Director Wayne Seidel Eagle Regional Park recommending the City Council award to Q&D Construction, Inc., Project to Q&D the base bid (No. 06107-048) and alternate SPPCo 1 for the Construction in the construction of the Golden Eagle Regional Park in the amount of Amount of $2 1,5 17,2 14.13. Funds are available for this project. The base bid $21,517,214.13 includes the construction of six softball fields, three multi-purpose

fields, two baseball fields and two little league fields. This project has a very ambitious schedule with the softball and baseball fields needing to be operational by March 1, 2008 in order to avoid disruption in parks and recreation programming.

City Engineer Pete Etchart said the Parks Department and the Public Works Department are very excited to present this project for potential Council Award. He noted that he was joined today by Chris Cobb, the Project Manager for construction of this project and Stan Sherer, the Parks and Recreation Director.

Mr. Etchart said that to his knowledge this is the largest Capital I

Improvement Project in Sparks' history, with an anticipated total design and construction expenditure of approximately $20 to $30 @ million. He noted that the construction contract being awarded today is the largest portion of the total project and is for the second phase of the park's construction. He stated the second phase of construction is for the actual park amenities including six softball fields, three multi-use fields, two baseball fields and two youth- sized baseball fields. He said the project also includes the construction of dug-outs, bleachers, back-stops, roadways and utilities, parking lots, roadway and field lighting, two concession and restroom buildings, a maintenance building, and large and small picnic shelters.

-

received from RED Development in exchange for the Don Mello site ($17,700,000); $3.4 million in NSSOI fees (now called impact service fee, area 1); $1.3 million in Washoe County Regional Parks and Open Space funds; and consolidated tax bond funds with $6.3 available.

Mr. Etchart noted that the recommended bid alternate, SPPCol, is 1 associated with the drainage improvements that are being constructed in the area. As part of the mass grading the Reach 6 Drainage Channel was constructed. To complete the channel, a


high pressure gas line needs to be lowered, which could not be done over the winter, when the mass grading took place. The bid alternate will lower the gas line and complete the last section of the Reach 6 Drainage Channel improvements. The cost is $1 75,000 and if approved, will be paid for by separate impact fees that are collected for drainage improvements.

He noted the project was publically bid, with the bid opening occurring on June 1 3 ~ ~ . There were four bidders with Q&D Construction being the low bidder. Staff feels that Q&D is highly qualified to build this project and are recommending them for the bid award.

Mr. Etchart stated the project has a very tight construction schedule, as we need to have playable softball and baseball fields by March, 2008.

Council Member Schmitt asked if the $2 1,5 17,2 14.13 was all that was left to bid and award contracts on for this project. Mr. Etchart said no, it was not the only thing left; there was still the turf award for the artificial turf that is going to be used on the field and there are other miscellaneous fees, such as design review fees, fees to SSPCo., RTC, etc. Council Member Schrnitt asked how much the turf was going to be. Mr. Sherer said that number has not been determined yet as we have not officially selected a vendor to provide the product, however, the estimate is approximately $4.7 million.

Council Member Schmitt said that with all these anticipated additional costs and fees, how much over are we from the original budget. Mr. Etchart said that it would be hard to say how much "over budget" we are, because including all funding sources we have for this project, we have $28,828,019.00 in available funds. He said including this and other items on this agenda, they are asking that $22,849,968.13 be awarded today. He said the remaining money will be used for purchasing the field turf and any

m r H e emp--hatwe have money for and if the turf bid comes in too high and there is no money left, then obviously we would have to look at other options, including going to grass. Council Member Schmitt said that in a presentation Mr. Etchart made last week, he stated that the turf is estimated at $4.7 million and they can only fund $4 million. Mr. Etchart confirmed that right now they do not have enough funds for completing all the remaining items needed for this project; however, they are anticipating they will be able to do some value engineering on this contract, but he cannot legally start this type of engineering until the contract is actually awarded. He

,

Page 5 of 10

the Special Meeting of the Sparks City Council for July 16,2007

said that staff strongly feels that there is money to be saved out of this contract and they will use this money toward the turf award, but if the money is not available for the turf award, then we will have to look at other options for the turf.

Council Member Schmitt asked for confirmation that if we approve this bid today, we don't have the $4.7 million needed for the turf and we are going to depend upon value engineering in the next two weeks to find the money needed for the turf. Mr Etchart said if we are going to go with all the fields being artificial turf, then Mr. Schrnitt's assumption would be correct. It was noted that staff expected to bid the turf sometime in mid-August. Mr. Scherer confirmed that if the bid for the turf comes in at $4.7 million, then we can't do all the turf as artificial.

Council Member Schmitt asked if the $3.4 million from the NSSOI was under a "cloud" right now. Attorney Shirle Eiting stated that a lawsuit has been filed; however, there is no specific 1 action or claims on the funds, at this time. Council Member Schmitt expressed concern about spending those funds when there was legal action against those funds. Ms. Eiting said the funds were approved in the CIP; there were numerous meetings 1 concerning those h d s ; they were approved with no objections by 1 any of the builders involved; and these funds were specifically named when the funding for the park was set up. Council Member Schmitt said the paper reported that the lawsuit was asking for $1 1 million in NSSOI fees to be refunded and what would happen if we lost the lawsuit. Ms. Eiting said she was not sure of theexact number they are asking for, bit if we were to lose the litigation, then obviously there would be issues bigger than just the $3.4 million.

Council Member Smith asked if the $4.7 estimate would be enough to put in all the artificial turf. Mr. Sherer said that based and estimated need for 1.4 million square feet of artificial turf, the $4.7 million will cover all the needed turf. Mr. Sherer said that

-d, inciuding t l i i a l l a t i o n .

Council Member Schmitt asked staff to confirm that as of today, after this construction contract was awarded, we did not have $4.7 million available for the artificial turf. Mr. Etchart said that by paying the other impact fees Council Member Schmitt was correct, we do not have $4.7 million available. He emphasized that we are looking at value engineering, but we have not yet met with Q&D Construction, but staff feels that the money is available in this bid to allow us to turf at all the fields. He said that if we do not have enough money, then we will look at alternates to remove some of

Page 6 of 10


the artificial turf on some of the fields. Council Member Schrnitt said that was his issue with awarding this contract, that we know going in that we don't have the money for the artificial turf and we are going to bank on value engineering the job after it is awarded. Mr. Etchart said his concern is that he has time frames that have been imposed on the Public Works Department to get this project done and if there were other alternatives that would not slow this project down, he would be happy to consider them. He said that giving away even two weeks would slow this project down.

Council Member Carrigan stated that if we don't have enough money for the artificial turf, then some of the playing fields will become grass. Mr. Sherer confirmed that we have enough money to complete the project if we don't put artificial turf in; however, the reason we are putting in artificial turf is so that we can have all-year play, save on water, and it doubles the programmable hours that the fields can be used.

A motion was made by Council Member Carrigan, seconded by Council Member Salerno, to award to the Golden Eagle Regional Park Project, Bid No. 06/07-048, PWP No. WA-2007-257, to Q&D Construction, Inc., for the base bid amount of $21,342,214.13 and accept alternate SPPCo 1 in the amount of $175,000.00 for a total contract amount of $2 1,5 17,2 14.13. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, ABSTAIN. Motion carried.

Council Members Mayer and Smith left the meeting after voting on this item.


6.3 - Time: 2:56:06 p.m. Direction to Staff to An agenda item from City Planner Margaret Powell requesting the Interpret and Initiate City Council hear discussion and provide direction to staff to

- -- Amendment to the SMC initiate amendments to the Sparks Municipal Code (SMC) related RZkt5d tothe LEiinition to thXfiZt iOnXdregUmGFiFf special-ZKts (on private and Regulation of Special property). Events on Private Property Ms. Powell noted that there was a separate code amendment

relating to this item, which was scheduled to be heard by the Planning Commission this week which changed where outdoor sales activities could be held and clarifying language in the outdoor sales ordinance.

She stated that staff has had a number of inquiries asking what is the difference between outdoor sales activities and special events.

Page 7 of 10

the Special Meeting of the Sparks City Council for July 16,2007

She said that outdoor sales, by ordinance, can occur for 72 hours every 28 days; a special event can occur for a period of seven days and does not have a "waiting period" between each special event. Ms. Powell noted that page 2 of the staff report contained a definition of a special event: show, carnival, entertainment, celebration, sporting event, or similar activity of temporary duration, open to the general public, which occurs on vacant property or outside a permanent structure or commercial area of business. Ms. Powell stated that staff has interpreted this to include something that provides a community benefit, which would include a farmer's market, or a farmer's market that we have given a temporary use permit for, because they are certified by the Nevada Farmer's Market Association and they accept "coupons" from a Federal grant through the FDA and the State that allows qualified Seniors to receive a reduced price on fresh produce and vegetables. She noted that the WIC program participants are also eligible for that coupon-type program. Ms. Powell stated that as a staff, they felt that this was a benefit to the community and therefore have interpreted the special event classification on a broader basis.

She said this is where we stand today, but the question now becomes what is a benefit to the community: Is having fresh produce available to the community in a vacant parking lot a benefit to the community, or is that simply an entrepreneur making a profit off of cherry sales on a vacant lot. Are flower sales by a non-profit considered a benefit to the community, or just a fund raiser for the non-profit. She stated that as a staff they feel they are getting into a gray area and staff is asking for direction on how they should be interpreting "special events".

Ms. Powell stated that there are a lot of alternatives provided in the staff report and one is that they could add farmer's markets specifically into the definition of a special event and remove the discussion of whether or not it is a community benefit or they could add the community benefit concept into the definition of a

--special-event; o r we-could makeno-amendment- andic;eep going with the interpretation as we have been doing.

Council Member Carrigan asked what would be the easiest to do.. . put farmer's market into the definition. Ms. Powell stated yes, if that is the pleasure of the Council. Council Member Carrigan commented that he did not understand what the hang up with farmer's markets was. Ms. Powell responded that there is another vendor in town that believes that they should be considered a special event and be treated the same as the farmer's market. Mayor Martini asked why they wanted to be a special event. Ms.

Page 8 of 10


Powell stated that if you are a special event and interpret our code in its most liberal form, you could do an event for seven days, continuously and then get another permit for the next seven days, and if it is requested by a non-profit, we do not charge a fee for it. So in essence, you could have a continuous special event.

Council Member Carrigan asked what the difference between the farmer's market at Disc and the one that is at the Church at Pyramid and Oddie. Ms. Powell explained that the one on Disc is in a handbook and the handbook specifically says that if you are going to have outdoor sales, you need a special use permit. She noted that even if we add farmer's market to the definition, they would still have to go through the special use permit process, because it is in the Galleria handbook.

Council Member Carrigan asked what, if anything, would come back to "bite us" if we changed the code. Ms. Powell stated that she did not believe adding farmer's market to the definition would hinder staff in any way; it was more a question of whether or not the Council wanted to continue the concept of community benefit. She said if the Council chose to add farmer's market to the definition, then she would ask them for additional direction on whether or not they wanted to consider the concept of a community benefit. Council Member Carrigan asked who made the call on whether or not there was a community benefit. Ms. Powell stated that right now staff is making that call.

Council Member Carrigan asked for confirmation that the best way to go was to include farmer's market and take out community benefit. Ms. Powell responded that yes; that would be much more black and white.

Council Member Schmitt asked if community benefit was currently in the definition now. Ms. Powell stated no, it was not, but in reading the types of activities that are listed, staff made an interpretation that all of those activities have a community benefit.

- - - Ms;-Powel~-further-ex~d-thatinrtym~mm-uni-~-benefit into the definition of special event, staff would then have to go to the definition section and define what a community benefit is. Council Member Schmitt said he had no problem having a farmer's market tied to a community benefit.

Council Member Salerno asked what the issue was with Senator Washington's church and them having an event at their church. Mayor Martini commented that he wanted to do it every day, all the time. Ms. Powell stated that in his Church parking lot Senator Washington has a vendor that sells statuary and it came down to

Page 9 of 10


the question of whether or not there was a community benefit associated with that.

Mayor Martini commented that he felt that attaching a community benefit definition to a special event would mean a risk to the City because it is arbitrary.

Council Member Carrigan stated he would prefer to just add farmer's market to the special events and then define what a farmer's market is.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to direct staff to initiate amendments to the SMC to include farmers' markets in the interpretation of Special Events. Council Members Salerno, Carrigan, Schmitt, YES. Council Members Mayer, Smith, ABSENT. Motion carried.

7. Public Hearings and Action Items Unrelated to Planning and Zoning: NONE I 8. Planning and Zoning Public Hearings and Action Items: NONE I I 9. - Time: 3:09:47 p.m. Comments from the None. Council and City Manager

10. Time: 3:09:52 p.m. Adj ournrnent There being no further business, the meeting was adjourned at

3:09 p.m.

City Clerk >>>

Page 10 of 10

REGULAR MEETING OF THE SPARKS CITY COUNCIL July 9,2007 3:00 p.m.

1. - Call to Order

I 2. - Roll Call




- -

3. - Approval of the Minutes

Time: 3:Ol: 1 1 p.m. The regular-meeting-ofthe-Sparks-€ity€otlncil -was:aile~order by Mayor Geno Martini at 3:01 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

Time: 3:01: 19 p.m. Mayor Geno Martini, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adams, Acting City Clerk Carrie Brooks, PRESENT.

Staff Present: Marc DeLaTorre, Tracy Domingues, John Dotson, Steve Driscoll, Bill Finley, David Fitzpatrick, Neil Krutz, Heather Manzo, Adam Mayberry, Karen Melby, Margaret Powell, Jim Rundle, Janelle Thomas, Tracy Wheeler.

Time: 3:01:39 p.m. Dr. (Pastor) Tom Butler of Sparks United Methodist Church called to say he would not be able to attend the meeting so there was no invocation. The Pledge of Allegiance was led by Council Member Philip Salerno.

Time: 3:02:15 p.m. William Brainard, 7326 La Costa, Sparks, expressed concern that the proposed ordinance under item 8.1 would allow businesses to post signs in the public right-of-ways. After extensive discussion, Mr. Brainard was assured that this was not the intent of the proposed ordinance.

Time: 3:06:12 p.m. Consideration of taking items out of sequence, deleting items and adding items which require action upon a finding that- an emergency exists.

A motion was made by Council Member Smith, seconded by Council Member Carrigan, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Time: 3:06:39 p.m. A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the Minutes of the Special Meeting of June 18, 2007, and the Regular Meeting of June 25, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Page 1 of 10



4.1 - Time: 3:07: 19 p.m. Food Bank --Ms;-Gherie -Jamason;-GWfPresidenkoff tkFood-BankoHor them Presentation Nevada provided statistics regarding food distribution and the

accessibility of food stamps to needy families in Nevada. She asked the Council to allow the City of Sparks to participate in a Federal matching funds program (dollar for dollar) for additional funding for the food stamp program in Nevada.

5. Consent Items: Time: 3:26:54 p.m. A motion was made by Council Member Schrnitt, seconded by Council Member Carrigan, to approve Consent Items 5.1, through 5.6. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

5.1 - An agenda item fiom Finance Director Terri Thomas recommending Report of Claims and approval of the Report of Claims and Bills approved for payment and Bills the Appropriation Transfers made since the last regular Council

Meeting for the period covering June 7,2007 through June 20,2007.

5.2 An agenda item fiom Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Mr. Marlon Dallas Package License for Bradford, 2758 Cellars Court, Livermore, CA 94550, for an Alcoholic Longs Drug Store Beverage Package License for Long's Drug Stores California, Inc., #12 1, 14 10 E. Prater doing business as Long's Drug Store #12 1, located at 141 0 E. Prater Way Way. Mr. Bradford is the Vice President of the company and this will

be his first liquor license in Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 - An agenda item from EIMS Coordinator Joseph Grogan Destruction/Disposal recommending--the City Council approve -a--request from the of Documents that Community Development Department for the destructionldisposal of ~ e ~ ~ r n ~ - l . r t i ~ ~ ~ d o ~ - b z ~ - r ~ Microfilmed microfilmed. The Department has followed the required procedures as (Community outlined in NRS 239.124 and 239.051 and each packet of microfilm Development) has been visually inspected for clarity and indexed for reference and

retrieval purposes.

5.4 - An agenda item from Operations Superintendent Starlin Jones Approval of Purchase recommending the City Council approve a purchase order to paint the Order to Paint the Truckee Meadows Water Reclamation Facility (TMWRF) C Trench TMWRF C Trench for the quoted price of $87,632 from Farr Construction Corporation.

The "C" Trench is 530 feet long. This underground pipe gallery has a

Page 2 of 10


multitude of other types of equipment associated with the primary clarifiers. Recently a majority of the equipment was replaced during the expansion project, painting the trench wall, ceiling and piping was not part of the expansion project scope of work. This trench

- of the piping has not been painted for more than40 years. FIV were received for this work and Farr Construction was determined to be the lowest responsible bidder.

5.5 An agenda item from Parks and Recreation Director Stan Sherer Bid Award for recommending the City Council award to ABM Janitorial Services, the Janitorial Services for bid (No. 06107-057) for Janitorial Services at the Alf Sorensen Alf Sorensen Community Center in the amount of $41,709.72. Four bids were

received for this work and ABM Janitorial was the lowest bidder. The center includes 2 (two) multi-purpose rooms, a fitness center, a gymnasium, a tot pool, a main pool, locker rooms and administrative offices. The contract is for one year, through June 30, 2008, with a possible two additional 12 month extensions, based on performance of services.

5.6 An agenda item from Public Works Director Wayne Seidel Bid Award for recommending the City Council award to Sierra Chemical Company Sodium Hypochlorite the bid (No. 06107-058) to supply the Truckee Meadows Water

Reclamation Facility (TMWRF) with Sodium Hypochlorite in the annual amount of $779,790. Sodium Hypochlorite is used to disinfect the wastewater effluent that is either reused or discharged into steamboat creek. This is a two year contract from July 1,2007 through June 30,2009, with an option to extend for one additional year.


6.1 Time: 3:27:39 p.m. Appointments to Civil An agenda item from City Manager Sham Carey recommending Service and Parks and the City Council reappoint Morris Kanowitz to the Civil Service Recreation Commissions Commission and Janice Blue and Jack Byrom to the Parks and

reation Commission for additional terms of service.

- - -- -- - - A motion was made by Council Member Mayer, s econdeny Council Member Schmitt, to reappoint Morris Kanowitz to the Civil Service Commission and Janice Blue and Jack Byrom to the Parks and Recreation Commission. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.2 - Time: 3:28:37 p.m. Appointments to the An agenda item from City Manager Shaun Carey recommending Washoe County School the City Council appoint two members of the Sparks City Council District Oversight Panel to the Washoe County School District Oversight Panel for School for School Facilities Facilities.

Page 3 of 10


Mr. Carey noted that the activities of this Panel should be fairly active this next coming year with the School District's

- - -

Council Member Schmitt asked the two members presently appointed to the committee if they wished to be reappointed. Council Member Smith said he took his name out of consideration because he has had trouble making the meetings because they schedule the meetings and then cancel them at the last minute and that does not fit into his schedule very well.

Council Member Carrigan said he would stay on the committee, i even though it is probably one of the most poorly run committees he has ever sat on. He said they change the day of the meetings without asking anyone and it is not a very well organized group.

Council Member Mayer asked if there was someone from the School District present at the meeting. He asked if this committee would be involved in the proposed upcoming bond issue or if there would be another committee handling that. Mr. Carey said he knew the Legislature specifically has another committee and it doesn't include anyone from local government; however, he I

believed this committee would provide an opportunity for us to have an oversight into school facilities. He said it was very critical for Sparks to have a strong presence. Council Member Mayer said

a he would volunteer to serve on the committee.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to reappoint Council Member Mike Carrigan and appoint Council Member John Mayer to the Washoe County School District Oversight Panel for School Facilities. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.3 Time: 3:33:09 p.m. --

- d d o m a within the Regulatory recommending the City Council approve a request from Sierra Floodway Tahoe Ice for a variance to Sparks Municipal Code Title 15

(Sections 15.1 1.03 10 through 15.1 1.0350 - Floodways) for development within the regulatory floodway at 1291 Spice Island Drive.

Ms. Thomas explained that Sierra Tahoe Ice is requesting the variance to allow for construction of a 25 foot by 36 foot platform which will be attached to the northeast portion of the existing building and which will hold the mechanical equipment for ice

Page 4 of 10


making. She noted that development within the FEMA regulatory floodway is prohibited unless a variance is granted in accordance with the standards set forth in Sections 15.1 1.0310 through 15.1 1.0350 and 20.16.04 of the Sparks Municipal Code.

ted that the Coun fundamental issues; 11 standards; and four findings of fact and she then reviewed the issues, standards and facts as outlined in the staff report.

Council Member Carrigan asked for clarification on whether or not Sierra Tahoe Ice was told that this property was in the flood zone before they moved the business to this location. A gentleman in audience identified himself as the applicant and said that he leased the property in December and he did not find out in May that it was in the flood plane; when he went to get a permit from the City to build the platform.

Council expressed concern that the applicant was not told about the flood plane issue when he leased the property. It was noted that this was probably covered under the real estate law.

A motion was made by Council Member Mayer, seconded by Council Member Carrigan, to approve the request from Sierra Tahoe Ice for a variance for development within the regulatory floodway, accepting the facts as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.4 - Time: 3:45:28 p.m. MOU with SPPA An agenda item from Assistant City Manager Steve Driscoll Covering Lieutenants & requesting the City Council approve a Memorandum of SWAT Commander Understanding between the City of Sparks and the Sparks Police Regarding Bilingual and Protective Association covering Lieutenant Employees regarding Special Assignment Pay bilingual and SWAT Commander special assignment pay. (Continued fi-om 6/25/07)

~ r . Driscoii noted that this was a continuation from last weekp because the staff report had left off the SWAT special assignment pay, which was also part of the negotiations.

A motion was made by Council Member Schrnitt, seconded by Council Member Smith, to approve the Memorandum of Understanding covering Lieutenant Employees regarding bilingual and SWAT Commander special assignment pay. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 5 of 10


6.5 Time: 3:46:43 p.m. lSt Reading of Bill No. Acting City Clerk Carrie Brooks read Bill No. 2546 by title, an 2546, PCN0703 1, To ordinance approving an agreement to extend time to approve Extend t h c T i r n e t ~ - annexation, ~ ~ o n i q p m t a t i v e s a b ~ s p e c i a l use Approve An Annexation, permit (Wedekind Road Project). Rezoning, Special Use Permit and Tentative Map Mayor Martini announced that the public hearing and second (Wedekind Road Project) reading of this bill would be conducted at the Regular City

Council Meeting of July 23,2007.

6.6 Time: 3:47:22 p.m. lSt Reading of Bill No. Acting City Clerk Carrie Brooks read Bill No. 2547 by title, an '

2547, CA- 1-07, ordinance providing that the members of the Sparks Planning Providing for Commission be paid for their service as Planning Commissioners; Compensation of and providing other matters properly related thereto. Planning Commissioners

Council Member Carrigan asked if the financial impact listed on the staff report was the total amount or per person. Mr. Carey stated that it would be the total impact of the entire Commission.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of July 23,2007.

6.7 Time: 3:48:05 p.m. 1'' Reading of Bill No. Acting City Clerk Carrie Brooks read Bill No. 2548 by title, a 2548, PCN07024, general ordinance providing for the rezoning of certain lands Rezoning of 4 Acres owned by the City of Sparks, from PF (Public Facility) to C2lTOD from PF to C21TOD at (General CornmerciaVTransit Oriented Development Overlay) for 43 1 Prater Way a parcel approximately 4 acres in size in the City of Sparks,

located at 431 Prater Way; and providing other matters properly relating thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Ivieeting of July 23,2687.

6.8 - 1" Reading of Bill No. 2549, PCN07028, Imposing a TOD on 30 Parcels located on Victorian Avenue

I Time: 3:48:45 p.m.

Acting City Clerk Carrie Brooks read Bill No. 2549 by title, a general ordinance providing for the rezoning of certain lands owned by Silver Club; Davis, Wayne J & Janice L; Goidy Investments LLC; N2FYR Investments, LLC; Daniels, Anthony D & Shannon R; Green, John M & Margaret; W & K Properties, Inc.; Scott's & Josephine's Prop LLC; OYBanion, Scott & Josephine; Luchetti, Eleanor A; Hansen, Gary B & Erin D; Lopez- Rodriguez, Juan L; Campbell, James L; Papas, Eleni; Scherschel,

Page 6 of 10


John; Viola, Rudolph Jr.; Kelly, Joan K; Besso, Nevada E; Patel, Gopal & Nalini; Harrison, Jon F & Jean L; Litke, Ewald & Bette J; Randhawa, Joginder S; Ralphs, Diane; Lithia Real Estate Inc; and Nicks, Kenneth C; from C2 (General Commercial) to C2lTOD

.- ~eneml-eOrnerc~rat~~it6riented~~errtOverlay) for

one parcel and from TC (Tourist Commercial) to TCITOD (Tourist Commercial/Transit Oriented Development Overlay) for 29 parcels totaling approximately 8.37 acres in the City of Sparks. The 29 TC zoned parcels are generally located along the northern side of Victorian Avenue, east of Pyramid Way, west of Nichols Boulevard, and the one C2 parcel is located south of "D" Street and west of the alley for the C2 parcel; and providing other matters properly related thereto.

Council Member Mayer asked how the property owners for these parcels were being notified of the change. Senior Planner Jim Rundle noted that all the property owners within 750 feet of each of the parcels were mailed notices regarding this rezoning. It was noted that about the same time, notices were also sent out regarding a public meeting on the proposed TOD for Sparks and that this may have caused some confusion among the citizens; however maps were included with the rezoning showing which parcels were being affected. Mr. Rundle stated that he spoke to most of the property owners and once the rezoning was explained to them, they were very pleased with the rezoning and the City's attempt to help the property owners in the down town area.


6.9 - Time: 3:58:00 p.m. lSt Reading of Bill No. Acting City Clerk Carrie Brooks read Bill No. 2550 by title, an 2550, Creating the City of ordinance of the City Council of the City of Sparks creating the Sparks Tourism City of Sparks Tourism Improvement District No. 1 (Legends at

--

Marina) retail, or stored, used or otherwise consumed in said district, pursuant to the tourism improvement district law, Nevada Revised Statutes Chapter 271A, and concerning other matters properly relating thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City

-

council Meeting of July 23,2007.


Page 7 of 10

'the Regular Meeting of the Sparks City Council for July 9,2007

ling Public Hearings and Action Items:

Time: 3:58:54 p.m. - - -- -Ail a g e n d a i tem f r o m Assistant -Planner--Heather- Manzo

recommending the City Council conduct a public hearing and fay approve Bill No. 2545, CA-3-07, an ordinance clarifying the

City's Gateway sign requirements; and providing other matters properly related thereto.

Ms. Manzo noted that this is a code amendment to clarify language as it pertains to the Gateway Sign Ordinance. She said the locational criteria limits the permitted locations of gateway signs to area specifically within the 500 foot radius. Staff is proposing to expand the allowable area to any portion of a parcel that meets the required criteria of 1 acre or more in size and zoned TC, etc. She stated this would allow a gateway sign to be placed anywhere on the lot, whether or not it was within the 500 foot radius. She said that there were currently 12 parcels that meet the gateway sign criteria and 11 of them are actually eligible to place signage. She said that one property has already placed a sign (In-n-Out Burger). Ms. Manzo noted that the proposed changes did not change the number of properties eligible for a gateway sign and that any request for a gateway sign must also meet other criteria as outlined in the code.

Council Member Salerno noted that in the Planning Commission report that Commissioner Mattina commented that this was a variance disguised as a code amendment. Ms. Manzo stated that perhaps it was because signs would be allowed outside the established radius. Council Member Salerno said that his thinking was that this ordinance was needed to accommodate billboards which were blocked when the State put up the sound walls along Interstate 80.

Council Member Carrigan asked if the only change to the language o f T Z c t ~ ~ . i 78 was tn-pz-. M- stated-that - yes, this was the only change.

Council Member Mayer questioned the wisdom of doing this because we could wind up with billboards (gateway signs) all along 1-80 and he asked why Rail City didn't just ask for a variance to the sign ordinance. Ms. Manzo noted that our code does not allow for sign variances and she said that this would allow Rail City to erect an additional 65 foot sign on their property and keep the existing 65 foot sign. City Planner Margaret Powell explained that we changed the sign code to not allow variances for

Page 8 of 10

I I


signs when the City was sued because our ordinance was considered arbitrary and it prevented "free speech". Ms. Powell clarified that we can regulate time, manner, and place of signs and that is all. It was noted that some existing signs are legal, non-

- -- ~conBmingslgnsbecatlse-ttkey-wefe-bui1~prior-towhen the

municipal code was changed to not allow variances.

Council Member Mayer said he felt we were changing the sign ordinance for one person. Mayor Martini said that he understood where Council Member Mayer was coming from; however, this casino owner has really spruced up the property and invested probably over $25 million into our community and while this may benefit this one property owner; we still need to do everything we can to encourage investment into our City.


A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to adopt Bill No. 2545 (Ordinance No. 2365. Council Members Salerno, Smith, Carrigan, Schrnitt, YES. Council Member Mayer, NO. Motion carried.

Time: 4: 1 1 :21 p.m. Comments from the Council Member smith commented that there was no Sparks City Council and City Council agenda published in the Reno Gazette Journal last week, Manager although the agendas for City of Reno and Washoe County

Commission were published. A representative for the Journal, present in the audience, apologized for the lack of publication, stating he was covering the Rodeo events and did not get our agenda published in the paper like he should have.

Council Member Mayer asked staff to investigate having a "Cold Space" for citizens to go to when the temperatures reach the 10OYs, stating that a lot of the elderly do not have air conditioning and -- . -- may need a place to cool down. He also s a ~ that there have been a lot of fatal accidents recently and he asked everyone to drive courteously and report reckless driving.

i Council Member Salerno asked City Attorney Adams what he planned to do since the Council voted not to renew Mr. Brown's ~ contract. Attorney Adams noted that the Procurement Code exempts the City from bidding for professional services and that he would not be putting these services out to bid, but would hire legal services on an as-needed basis.

Page 9 of 10


Mayor Martini thanked the Nugget and the Chamber for putting on a great 4th of July community event.

- Tim-e :-4rl6 50p . Adjournment There being no further business

4: 16 p.m.

Mayor

City Clerk >>>

Page 10 of 10

SPECIAL MEETING OF THE SPARKS CITY COUNCIL June 29,2007 9:00 a.m.

1. - Time: 9:01:22 a.m. I Call to Order The special meeting of the Sparks City Council was called to order

by Mayor Geno Martini at 3:01 a.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

2. - Roll Call

Time: 9:01:29 a.m. Mayor Geno Martini, Acting City Clerk Carrie Brooks, Council Members John Mayer, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT. Council Members Phillip Salerno, Ron Smith, ABSENT.

Staff Present: Andy Fuller

3. - Time: 9:01:46 p.m. Comments from the None. Public

4. - Time: 9:01:5 1 p.m. Approval of an Amended An agenda item from Community Development Director Neil a Final Map for First Tee Krutz recommending the City Council approve an amended final Unit No. 3 at Kiley subdivision map for First Tee Unit No. 3. The final map was Ranch approved by the City Council on June 20, 2005. Architectural

changes to the project have necessitated amendments to the individual units within the development. The amended final map and improvement drawings have been checked and the appropriate fees have been paid. A performance bond has been filed with the City Clerk to guarantee the construction of the public improvements.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve the amended final subdivision map for First Tee Unit No. 3. Council Members Mayer, Carrigan, Schmitt, YES. Council Members Salerno, Smith, ABSENT. Motion carried.

5. - Time: 9:02:33 a.m. Comments from the None. Council and City Manager

Page 1 of 2

Minutes of the Special Meeting of the Sparks City Council for June 29,2007

rnment Time: 9:02:37 a.m.

There being no further business, the meeting was adjourned 9:02 a.m.

Mayor

City Clerk

Page 2 of 2

1. - Call

REGULAR MEETING OF THE SPARKS CITY COUNCIL June 25,2007 3:00 p.m.

Time: 3:01:24 p.m. to Order The regular meeting of the Sparks City Council was called to order


2. - Time: 3:01:32 p.m. Roll Call Mayor Geno Martini, Acting City Clerk David Fitzpatrick,

Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adarns, PRESENT.

Staff Present: Kathy Clewett, John Dotson, Steve Driscoll, Shirle Eiting, Joyce Farley, Andy Flock, Stacie Hemmerling, Rob Joiner, Dan Marran, Adam Maybeny, Randy Mellinger, Arrnando Ornelas, Robin Pagni, Linda Patterson, Margaret Powell, Wayne Seidel, Stan Sherer, Anthony Turley, Victor Villarreal and Carrie Brooks.

Invocation and Pledge of Time: 3:01:47 p.m.

a Allegiance The invocation was given by Father George Wolf of Holy Cross Catholic Community Church and the Pledge of Allegiance was led by Council Member Ron Schrnitt.

Comments from the Time: 3:04: 17 p.m. Public Shirley Bertschinger, 832 Olancha Court, spoke regarding the

request for a Professional Services Contract with Stanley H. Brown, Jr., Esquire, urging the Council to make sure the contract was necessary.


Agenda Items 5.9 and 5.13 were pulled from the agenda. A request was made to hear Item 6.1 1 before Item 6.1.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Page 1 of 16

Minutes of the Regular Meeting of the Sparks City Council for June 25, 2007

3. - Time: 3:06:09 p.m. Approval of the Minutes A motion was made by Council Member Mayer, seconded by

Council Member Smith, to approve the Minutes of the Regular Meeting of June 1 1, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


Proclamation - Time: 3:06:46 p.m. Recreation and Parks Mayor Martini read a proclamation naming July, 2007 as Month Recreation and Parks Month, in recognition of the importance of

our nation's parks and recreation facilities. The proclamation was accepted by Parks and Recreation Director Stan Sherer.

5. Consent Items: Time: 3:08:50 p.m. A request was made to pull agenda items 5.6 and 5.14 for discussion and separate vote. (Items 5.9 and 5.13 were pulled from the agenda)

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Consent Items 5.1 through 5.5, 5.7, 5.8, 5.10, through 5.12. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

5.1 - An agenda item from Finance Director Tom Minton Report of Claims and recommending approval of the Report of Claims and Bills Bilis and Appropriation approved for payment and the Appropriation Transfers made since Transfers the last regular Council Meeting for the period covering May 24,

2007 through June 6,2007.

5.2 - An agenda item from Risk and Benefits Manager Randy Purchase of Stop Loss Waterman recommending the City Council approve the purchase Insurance for the City's of stop loss insurance for the City's Group Medical Benefits Plan Group Medical Benefits in the amount of $407,862.00. This insurance will protect the City Plan self-funded medical benefits plan from catastrophic losses. The

quote for this year's coverage represents nearly a 13% savings over the expiring year's premium and provides limits of $2,000,000 (twice the expiring limit). The attachment (deductible) point is $1 50,000 per individual.

5.3 - An agenda item fi-om Benefits and Risk Manager Randy Agreement With Cannon Waterman requesting the City Council approve an agreement Cochran Management between the City of Sparks and CCMSI (Cannon Cochran Services Management Services, Inc.) for Workers' Compensation Third

Party Administration services. Annual cost per year is $33,195 for these services, a combined saving to the City of approximately

Page 2 of 16

Minutes of the Regular Meeting of the Sparks City Council for June 25,2007

$44,051 over the term of the new contract. The contract will run through June 30,2010, with two, one-year automatic renewals.

5.4 - An agenda item from Finance Director Tom Minton requesting the Approval for the Write- City Council accept the recommendation of the Survey Board to off of Assets That Have write off assets that have been disposed of, removed, scrapped or Been Disposed Of lost in accordance with Resolution No. 2372. The City is required

to conduct a physical inventory every two years. During the most recent inventory it was discovered that certain properties on the City's inventory had been demolished. As the properties no longer represent assets, they need to be removed from inventory. Upon Acceptance of this recommendation, the Finance Department will write off $1,762,880.79 and complete the reconciliation of the physical inventory.

5.5 Transfer of Budget Appropriations from the General Fund Contingency to the Capital Facilities Fund for an Emergency Roof Replacement at Fire Station No. 1

An agenda item from Finance Director Tom Minton recommending the City Council approve a transfer of budget appropriations from the General Fund contingency account to the Capital Facilities Fund for an emergency roof replacement at Fire Station No. 1. $84,423 will be transferred, reducing the Contingency balance fiom $1,330,000 to $1,245,577. AAer February 2007 snow storm, several serious roof leaks were reported at Fire Station No. I. A roof replacement project was not budgeted in the current fiscal year. Due to the condition of the roof, however, Public Works was directed to proceed with replacing the roof. On April 23, 2007, the Council awarded the roof replacement contract to Alpine Roofing in the amount of $84,423. This contract was encumbered to and is currently being paid out of the City Capital Facilities fund. Contingency funds are available, as this is anticipated to be the only use of the funds in fiscal year 200612007.

5.6 - Time: 3:10:13 p.m. Purchase of Upgraded An agenda item from Police Chief John Dotson recommending the Crime Analysis City Council approve the purchase of upgraded crime analysis Computer Software computer software for the Police Department in the amount of

$35,775. This is a contractual renewal to upgrade our current crime analysis software. The Department's current crime analysis software (an older version of Crime View) is not compatible with the new Sequel Server at the Police Department. The upgraded version will enable the Department to continue its commitment to Community Oriented Policing and enable the Department to quickly identify problem areas and trends associated with crime data.

Page 3 of 16


5.7 - Approval of Proposal from Fluid Concepts for Technical Services, Project Management, and Coordination for the Sparks White Water Park at Rock Park

5.8 Approval of Proposal from Wood Rogers for Environmental and Planning Services for the Sparks White Water Park at Rock Park

5.9 - Bid Award for Janitorial Services at the Alf Sorenson Community Center to F.A.A.D Janitorial Services

5.10 Bid Award to Sierra Nevada Construction for Public Works Material

Council Member Mayer asked if this software did graffiti tracking like the software he saw demonstrated at a Secret Witness program. Deputy Police Chief Robin Pagni responded that this software is mainly for mapping purposes and would allow them to map areas for tracking graffiti, but he did not believe it was exactly the same system. I A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve Consent Item 5.6. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve a proposal from Fluid Concepts for Technical Services, Project Management and Coordination for the Sparks White Water Park at Rock Park in the amount of $52,500. The City of Sparks is actively pursuing development of a white water park and Fluid Concepts has been providing project management and coordination with the multiple reviewing agencies for permitting to date. The scope of these services has expanded and a proposal for additional services has been requested from the contractor. Fluid Concepts will also provide environmental analysis support to Wood Rogers, who is also working on this project for the City.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve a proposal from Wood Rogers for Environmental and Planning Services for the Sparks White Water Park at Rock Park in the amount of $128,500. The City of Sparks is actively pursuing development of a white water park and Wood Rogers has been providing environmental services for permitting to date. The scope of these services has expanded and a proposal for additional services has been requested from the contractor.

This item was withdrawn fkom the agenda.

An agenda item from Public Works Director Wayne Seidel recommending that the City Council approve a bid award (06/07- 052) to Sierra Nevada Construction Inc., to provide the Public Works Department with Type I11 Asphalt Cement in the amount of

Page 4 of 16


Type I1 Asphalt Cement

5.11 Bid Award for the Oxford Way and 1 2th Street Paving and Sidewalk to Q&D Construction

$.12 Bid Award for the Sparks Flood Mitigation Project, Site 4 and 5, to Anchor Concrete

5.13 Approval of Agreement Modifying the Contract for Sale of Treated Effluent with Martin Marietta Materials for their Quarry Site

5.14 Impact Fee Agreement #11 (Lennar Reno, LLC) to Allow for Participation in the Service Area Number 1 Impact Fee Program

$1 17,500. This bid is for asphalt paving materials associated with the 2007 Street Rehabilitation Project; for reconstruction of the roadway on O'Callahan Drive. It will be the responsibility of the contractor to pick up and install the asphalt material. City staff developed a hybrid type project where the contractor and the City can work together in repairing existing roadway in an effort to maximize the dollars for repair work in our streets. A part of this process requires the City to supply asphalt materials for the project.

An agenda item from Public Works Director Wayne Seidel recommending that the City Council award to Q & D Construction the bid (06107-055) for the Oxford Way and 1 2 ' ~ Street Paving and Sidewalk Project in the amount of $261,156.50. This project involves the removal and replacement of all curb, gutter and sidewalk on a portion of Oxford Way between Rock boulevard to 1 2 ' ~ Street and a portion of 1 2 ' ~ Street from Oddie Boulevard to Prospect Way.

An agenda item from Public Works Director Wayne Seidel recommending that the City Council award to Anchor Concrete the bid (06107-056) for the Sparks Flood Mitigation Project - Sites 4 and 5, in the amount of $674,597. On June 25, 2005 and again on July 21, 2005, the Vista Area subdivisions (including Satellite Hills) experienced flash flooding. During both these events areas of personal property in the Vista's subdivisions were damaged due to failed drainage ways and public waters. The City conducted a Flood Mitigation Analysis which proposed improvements and upgrades to the drainage facilities at Site 4 (brow ditch to the sewer access road drainage ditch) and Site 5 (sewer access road drainage ditch).

This item was withdrawn from the agenda.

Time: 3:06:09 p.m. An agenda item from Deputy Director of Community Development John Martini recommending that the City Council approve Impact Fee Agreement #11 (Lennar Reno, LLC) to allow for participation in Service Area Number 1 Impact Fee Program. This agreement is a master agreement setting up the details of Lennar Reno's participation in the Service Area #1 program. It

Page 5 of 16


has been reviewed by the Community Development Department and the City Attorney's Office and has been found acceptable.

Council Member Carrigan said that the Impact Fee Program pretty well matches the NSSOI Fees and asked if the Road Impact Fees would be turned over to RTC. Ms. Powell noted that when RTC established the Regional Road Impact Fee, we did not continue our 1 NSSOI fee for roads. Sr. Adrnin. Analyst Tony Turley explained I that Lennar has never participated in the program and this I agreement will allow them to enter into the program. When Lennar purchased building permits, they have paid impact fees, but they have never used credits for those impact fees. They have 1 purchased credits on the open market and this will allow them to I

use credits in the program.

Council Member Schmitt asked if the parks fee in this program is the same fee that is being litigated right now. Ms. Powell stated that this is not a parks fee, it is an open space and trails fee.

It was noted that what Lennar has purchased flood control credits, but once they enter into this agreement, they can purchase any type of credits that are available; however, there are no roadway fees in the Impact Fee Program because those are paid to RTC.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve Consent Item 5.14. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.


6.1 - Time: 3:21: 1 1 p.m. Local Legislative Affairs Government Affairs Manger Rob Joiner and City's Contract Issues Lobbyist Rocky Finseth gave a power point presentation in

summation of the 2007 State of Nevada Legislative session.

6.2 - Time: 4:28:53 p.m. Appointment of Steering An agenda item from Senior Planner Victor Villarreal Committee Membership recommending the City Council appoint Master Plan Steering for the Sparks 2040 Committee members for the Sparks Master Plan Update, as Master Plan follows: Laura Sheldon-Casson; Shirl Moore-Byas; Jennifer

Bullock; Lonnie Feemster; Tamia Cockerille; Jim Dunnavant; Lea Moser; Joyceann AfihaYAmango; Lucille Adin; Charlene Bybee; Tim Erwin; Larry Harvey' Nancy Brown; Larma Volk; Kreg Rowe; Ted Erkan; Pastor Tom Butler; Julia Ratti; Fred Holman; Mike Boster; Mickey Hazelwood; Stacey Crowley; Ann Harrington; and Patrice Echola.

Page 6 of 16


Mr. Villarreal noted that since the Council approved a contract for the update of Master Plan staff has been working on the first phase of the project: information gathering and assembling baseline data. He said they are will into the first task and beginning the second task, which is the community visioning portion. He noted that they will hold a Community Visioning Charette the week of September 24th.

Mr. Villarreal noted that the Steering Committee will serve as a sounding board for the ideas that are coming out of the Planning Process. He said the Committee will also bring additional input into the process. He noted that the draft roster for membership has a very diverse group of individuals, representing a wide range of interests that make up the Sparks community.

Council Member Mayer said he felt that there should be at least one Planning Commission Member to provide expertise on a Master Plan Update Steering Committee. Mr. Villarreal stated that this was considered, but it was felt that since the Planning Commission would be the body that would, in essence, approve the Master Plan, and because there would be a Technical Review Team (made up of staff from different City departments) the Planning Commission should not be on the Committee.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to appoint the Master Plan steering committee members as outlined in the staff report, with the requirement to add a Sparks Planning Commissioner to the membership. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.3 Time: 4:35:13 p.m. Acceptance of An agenda item from Finance Director Tom Minton requesting the Notification of City Council accept the notification of appropriation transfers Appropriation Transfers between accounts within funds and between funds pursuant to Between Accounts within NRS 354.606. Funds and Between Funds Assistant Finance Director Joyce Farley stated this is a

continuation of the notification of appropriation transfers between funds that usually happens throughout the year and normally staff is preparing these transfers up until the last minute; to make sure we do not have any budget violations. She noted that this was a routine housekeeping item that staff did at the end of every year at the last council meeting of the fiscal year.

Page 7 of 16


6.4 Resolution No. 3065 to Transfer the Balance of the SAD Surplus and Deficiency Fund to the General Fund

6.5 - Resolution No. 3066 to Establish a Capital Projects Fund called "Victorian Square Room Tax Fund"

A motion was made by Council Member Salerno, seconded by Council Member Schrnitt, to accept notification of appropriations as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Time: 4:36:53 p.m. An agenda item from Finance Director Tom Minton requesting the City Council approve Resolution No. 3062, a resolution to transfer the balance of the SAD Surplus and Deficiency Fund (Fund 1599) to the General Fund of the City of Sparks.

Ms. Farley stated the Finance Department is recommending these funds ($229,546.38) be moved for use in the General Fund, as allowed by NRS. She said there is no claim on this money as we have no existing Special Assessment Districts (SAD) that can have a claim on this money. She said if we did form a SAD in the future, they would be required to set up their own reserve and at the end of the SAD, if anything remained that was not to be refunded to the property owners, it would also be transferred to this surplus fimd and remain for a time to make sure there was no one in that SAD that had a claim on these funds. She noted that this SAD has been closed out and paid off for over 10 years, so there is no reason to keep this money in this fund. It can be used for any purpose deemed appropriate in the General Fund.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve Resolution No. 3065. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 4:39:27 p.m. An agenda item from Finance Director Tom Minton requesting the City Council approve Resolution No. 3066, a resolution to establish a Capital Projects Fund called Victorian Square Room Tax Fund.

Assistant Finance Director Joyce Farley noted that in 2004, the City Council approved a recommendation from the Sparks Tourism and Revitalization Steering Committee to give Sparks 2.5% of the lodging tax (at that time) authorized by AB205, to be used for acquisition of property and other development on Victorian Square. She stated we have accumulated in excess of $3.2 million since that time; and at this time we have approximately $2.7 million in that fund. She said it has become clear that it will be much easier to manage and account for those

Page 8 of 16 I I I


funds if we establish a Capital Projects Fund and make the ending fund balance clearer.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve Resolution No. 3066. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.6 - Time: 4:43:33 p.m. Resolution No. 3067 to An agenda item from Finance Director Tom Minton Establish the Post recommending the City Council approve Resolution No. 3067, a Employment Medical resolution to establish the post employee medical benefits trust Benefits Trust Fund fund.

Assistant City Manager Joyce Farley noted that the Governmental Accounting Standards Board (GASB) issued Statement Number 45, Accounting and financial Reporting by employers for Post Employment Benefits Other Than Pensions. The recent multi-year contract negotiated with the fire fighters calls for the City to provide for a post employment medical benefit and it is now required that we establish a fund to account for these benefits. She said the fund will receive revenues equivalent to 25% of the dependent care premiums paid by the employees covered by the fire fighter contract.

A motion was made by Council Member Mayer, seconded by Council Member Carrigan, to approve Resolution No. 3067. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.7 - Time: 4:45:21 p.m. MOU with the Sparks An agenda item from Assistant City Manager Steve Driscoll Police Protective requesting the City Council approve a Memorandum of Association for Non- Understanding between the City of Sparks and the Sparks Police Supervisory Employees Protective Association covering Non-Supervisory Employees Regarding Bilingual regarding bilingual special assignment pay. Special Assignment Pay

Mr. Driscoll stated he would discuss items 6.7, 6.8, and 6.9 together, but requested separate votes. He noted that the title on item 6.9 was not proper, so after the discussion, he is requesting that this item be continued to the next meeting where it can be approved with the proper title.

Mr. Driscoll stated that during the negotiations, several special assignment pay amounts were changed as part of the negotiations. He said that when the changes were implemented, it was realized

Page 9 of 16


6.8 MOU with the Sparks Police Protective Association for Sergeant and Senior Marshal Employees Regarding Bilingual Special Assignment Pay

that while the increases in bilingual pay and SWAT pay were discussed, the details were not actually updated in the tentative agreement or the final contract, approved on June 30, 2006. He stated this MOU formalizes those negotiations and allows them to be implemented. I

He noted that item 6.7 is solely for the bilingual pay for officers who meet certain qualifications and are currently being paid $50 every two weeks. The negotiations will take the rate to $100 every two weeks. He explained that 6.8 is for the Sergeants and 6.9 is for Lieutenants. He said that 6.9 also incorporated the SWAT Commander in this bilingual pay.

A motion was made by Council Member Schmitt, seconded by 1 Council Member Carrigan, to approve the Memorandum of

1 Understanding covering Non-Supervisory Employees regarding bilingual special assignment pay. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 4:49:05 p.m. An agenda item from Assistant City Manager Steve Driscoll requesting the City Council approve a Memorandum of Understanding between the City of Sparks and the Sparks Police I Protective Association covering Sergeant and Senior Marshall Employees regarding bilingual special assignment pay.

Discussion for this item is listed under item 6.7.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the Memorandum of Understanding covering Sergeant and Senior Marshall Employees regarding bilingual special assignment pay. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.9 - Time: 4:49:30 p.m. MOU with the Sparks An agenda item from Assistant City Manager Steve Driscoll Police Protective requesting the City Council approve a Memorandum of Association for Understanding between the City of Sparks and the Sparks Police Lieutenant Employees Protective Association covering Lieutenant Employees regarding Regarding Bilingual bilingual special assignment pay. Special Assignment Pay


A motion was made by Council Member Schmitt, seconded by i Council Member Smith, to continue 6.9 to the meeting of July 9, 2007. Council Members Mayer, Salerno, Smith, Carrigan,

I

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Schrnitt, YES. Motion carried.

6.10 Time: 4:12:08 p.m.* Approval of an Extension An agenda item from Purchasing Manager Dan Marran requesting to the Solid Waste the City Council approve an extension to the solid Waste Franchise Agreement Franchise Agreement with Reno Disposal Company, Inc., doing with Reno Disposal business as Sparks Sanitation. Company, dba Sparks Sanitation Mr. Marran stated that at the meeting of May 21, 2007, the

Council directed staff to negotiate an extension of the franchise agreement to hold us over until the Nevada Supreme Court issues decisions concerning the allowable scope of trash franchises. Those decisions are expected sometime in the next few months.

He said the extension provides for the continuation of the current level of service across all segments of the business without any rate increases to the customers served by Waste Management. The term itself is defined as no longer than 120 days after the court returns their decision or a period not to exceed two years. In exchange for holding rates steady, Waste Management has asked for two items to be included in the terms of the extension. First, the franchisee has asked the City to exclude the hauling of construction and demolition waste from the extension, due to the fact that both parties have generally agreed that this segment of the business will not be included in the new franchise, regardless of the court's decision. This allows the market to set the rate for this business through competition. This segment is currently served not only by the franchisee, but also by contracted haulers or construction companies themselves. Removal of this segment will result in a loss of franchise fee revenue of about $4,100 per month; however, this loss could be temporary if the City chooses to take action to collect franchise-like fees after the Court decision. Additionally, in an attempt to retain business accounts that are being lost under the previous court ruling, Waste Management is asking the City for temporary relief of the franchise fees specific to commercial front loading containers (or dumpsters) for the term of the extension only. This request is made by the franchisee in order to use these funds to retain commercial clients that have been lost since the original court decision. Mr. Marran noted that the fiscal impact of this action would be roughly $17,900.00 per month, for the term of the extension only.

Mr. Marran stated that clearly, the City will work to negotiate a new franchise as quickly as possible, once the allowable scope of the franchise is known.

Page 11 of 16

the Regular Meeting of the Sparks City Council for June 25,2007

Mr. Mike Springer, an attorney for Castaway, stated that he understood that the City was somewhat over the barrel with Waste Management; however, as drafted, he is offended by the proposed extension. First, Mr. Springer stated, he is offended because the report inferred that the City originally intended to franchise trash and the Court has determined that the City did not originally intend to franchise trash and this is why Castaway won in the District Court and why the case is at the Supreme Court. Mr. Springer said secondly, he is offended that the City is giving up $17,900.00 per month for the "front loaders". He said these are garbage cans and the City is giving up garbage as part of our exclusive franchise, because front loaders are for garbage and garbage is not at issue. He maintained that there is nothing to show that Waste Management is losing business for any reason other than not servicing its business customers. i Council Member Schmitt asked for clarification of the $1 7,900.00 we are giving up - that they were for top loaders. Mr. Marran stated the contract agreement defines them as commercial accounts using front loader containers or dumpsters. Council Member Schmitt asked if this was the same business as Castaway. Mr. Marran responded no, that Castaway was not in the garbage hauling business; the Waste Management agreement was specific to garbage and trash. Council Member Schmitt said then he did not understand because he thought we were giving up the $17,900.00 to put everyone on the same playing field with regard to the business that Castaway is taking away. Mr. Marran said his understanding was that because front loaders cross both lines (garbage and trash), it was hard to delineate between the two. He said they are losing commercial accounts, so we are being told, on a regular basis and this is their attempt to have some money available to them to aggressively go after those customers they are losing.

Council Member Schmitt asked if Castaway has offered to charge a service fee that would be equivalent to the franchise fee to put everyone on the same level, so the City is not taking a hit here. Mr. Marran stated they have not offered to do so. He said we have had discussions at looking at the part of the business that is not franchised, pending the court's decision, if commercial demolition or commercial trash is not in the fkanchise in the future. He said staff would come back and try to assess what would be equal to a franchise fee to those in the hauling business that are not franchised.

Page 12 of 16

Minutes of the Regular Meeting of the Sparks City Council for June 25, 2007

Council Member Schmitt asked if we had asked Castaway to impose a service fee, payable to the City, for the same amount as a franchise fee. Mr. Marran emphasized that Castaway was not held to the same rate controls we have in place with the ordinance. Mr. Schmitt stated then he would like to ask this today. Mr. Marran stated his understanding was that Castaway's rates, at this point, are higher than Waste Management's, so whether an additional fee no top of that makes them truly level is anyone's guess.

Sr. Assistant City Attorney Shirle Eiting said the other concern staff had is that it is not just Castaway; there are other businesses involved in hauling that would also be impacted and would need to have a business impact study done, which is the next step before proposing business license fees.

Council Member Carrigan noted that this was just a measure to keep our contract going until the Supreme Court rules on the law suite and after that ruling we can bring back the agreement and renegotiate the franchise. Mr. Marran agreed, stating at that time we will have a better idea, from the Court, on what the total scope of the franchise can be.

Mr. Smith said we voted to extend the franchise agreement a month ago and he did not understand why we were changing the agreement. Mr. Marran stated that in this case Waste Management holds all the cards because they are not obligated to extend the agreement beyond June 3oth and in the negotiations they have asked for these two items and in exchange, they are holding all other rates firm. Otherwise, theoretically, the agreement could expire on Sunday.

Council Member Smith asked if Castaway's rates are already higher than Waste Management's, how is the $17,900.00 the City is giving up going to make things equal. Mr. Greg Martinelli of Waste Management said they are losing customers in the commercial line of business because Castaway's rates are less. Mr. Martinelli emphasized that they are not doing anything with the franchise fee for garbage and the fees that they are referring to are for trash only.

A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to approve the extension to the solid Waste Franchise Agreement with Reno Disposal Company, Inc., doing business as Sparks Sanitation, as outline by staff. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 13 of 16 ~

.he Regular Meeting of the Sparks City Council for June 25,2007


Time: 3:20:25 p.m.* An agenda item from Sparks City Attorney Chet Adarns

3 recommending the City Council approve a Professional Services y H. Agreement with Stanley H. Brown, Jr., Esquire, for legal services

for FY 200712008. For the past 13 years Mr. Brown has been providing excellent legal services to the City of Sparks at favorable rates. He is currently representing the City in several lawsuits and provides ongoing advice to our Risk Management Committee and to this ofice on various litigation matters.

City Attorney Adams noted that the Attorney's Office is asking the City Council to approve the continuance of Mr. Brown's contract for legal services. He said Mr. Brown has been assisting the City of Sparks for over 13 years and in his letter of March 29th, Mr. Brown noted all 65 cases in which he has provided legal service to the City on. Mr. Adams stated that the legal services included everything from District Court Cases, State Jury Trials, Federal District Court cases, Federal Jury Trials, the Ninth Circuit Court of Appeals, and the Nevada Supreme Court. Mr. Adams stated that civil litigation can go on and on and in one case, over 10 years.

Mr. Adams stated that Mr. Brown provides 60 hours of work for the City every month and currently charges $67.00 per hour. He said this is the best legal rate that we will find. He noted we pay our bond counsel anywhere from $450.00 to $700.00 per hour and we just entered into an agreement for disclosure counsel for well over $600.00 per hour. Mr. Adams said that Mr. Brown charges the City a fraction of his usual rate, which is $225.00 per hour.

Council Member Salerno asked Mr. Adams how he determined which cases were assigned to Mr. Brown. City Attorney Adams said he had to do with the current workload of the other attorneys, but typically Mr. Brown was asked to handle those cases that were going to be long and involved and perhaps a little more complex and of a higher degree of liability. He noted that the other City Attorney's handle a far greater number of cases than Mr. Brown, usually those of a shorter duration.

Council Member Smith stated that Mr. Brown is paid a $47,000 retainer and he asked what was actually paid to Mr. Brown last year. Mr. Adams said he did not have the exact figures, but he

Page 14 of 16


Council Member Carrigan asked if these services came out of the City Attorney's budget. Mr. Adams stated that yes it was a line item in his budget.

Council Member Mayer asked if this service was ever put out for bids from other attorney's. Mr. Adams said no, this service was not put out for bid like we do for public defenders. He said he selected Mr. Brown because of his expertise and has continued with his services because the excellent service he has provided. Mr. Adams explained that we occasionally hire other attorney's, depending on the work load and the type of litigation involved. He said he has been involved in the legal community for over 20 years and he has a good working knowledge of various attorneys.

Council Member Mayer commented that he received several calls wondering why this was not put out for bid or request for qualifications. Mr. Adams emphasized that he needed a certain degree of continuity in most civil cases, particularly those that involve years of litigation and appeals; however, criminal cases are usually of short duration with a lot of repetitive work, so that continuity is not so vital in these cases. Council Member Mayer said, so your answer is that you [Mr. Adams] are confident with Mr. Brown and you don't need to have anybody else apply. Mr. Adams said yes, that was correct.

Council Member Smith made a motion to not renew the contract with Mr. Stan Brown Jr. at this time, He said this contract has not been out for bid in 12 years and he believed that in conformance with best business practices in the City of Sparks, we should request an RFP and put this contract out to bid to any attorney who wants to do business with the City of Sparks. He stated these bids should come before the City Council for final approval and that the City Attorney will set the time fiame for accepting these bids. The motion was seconded by Council Member Mayer.

Mayor Martini stated he hoped the Council understood that when this goes out to bid, it won't be for $67.00 per hour and $4,000 a month like this contract is. It will probably be at $225.00 or $250.00 or $275.00 per hour. He said he did not understand this motion and he did not agree with it.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to not to renew the contract with Mr. Stan Brown Jr. at this time; and to request an RFP and put this contract out to bid to any attorney who wants to do business with the City of Sparks. Council Members Mayer, Smith, Schrnitt,

Page 15 of 16


6.12 1 Reading of Bill No. 2545, An Ordinance Clarifying the Gateway Sign Requirements in Chapter 20.56

YES. Council Members Salerno, Carrigan, NO. Motion carried.


Time: 4:50:07 p.m. Acting City Clerk David Fitzpatrick read Bill No. 2545 by title, an ordinance clarifying the City of Sparks Gateway Sign requirements in Sparks Municipal Code Chapter 20.56 and providing other matters properly related thereto.


I 7. Public Hearings and Action Items Unrelated to Planning and Zoning: NONE I 8. Planning and Zoning Public Hearings and Action Items: NONE I I 9. - Time: 4:50:39 p.m. Comments from the None. Council and City Manager

10. Adj ourmnent


City Clerk >>>

Page 16 of 16

SPECIAL MEETING OF THE SPARKS CITY COUNCIL June 1 8,2007 3:00 p.m.

1. - Time: 3:01:39 p.m. Call to Order The special meeting of the Sparks City Council was called to order


2. - Roll Call

Pledge of Allegiance

a Comments from the Public


3 . Approval of the Minutes

Time: 3:01:44 p.m. Mayor Geno Martini, Acting City Clerk Helen Elliott, Council Members John Mayer, Ron Smith, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT. Council Members Phillip Salerno, Mike Carrigan, ABSENT.

Staff Present: Andy Flock, Chris Syverson, Alan Minor, Randy Waterman, Steve Driscoll, Randy Mellinger, Tom Minton, Joyce Farley, Marc DeLaTorre, Rob Joiner, Kathy Clewett, Adam Mayberry, Brent Quilici, Shirle Eiting, Debi Hunt, Stacie Hernrnerling, John Dotson, Karen Melby, JoAnn Meacham, Neil Krutz, Tim Randolph, David Fitzpatrick.

Time: 3:02:05 p.m. The Pledge of Allegiance was led by Council Member Smith.

Time: 3:02:32 p.m. Mrs. Shirley Bertshinger, 832 Olancha Court, spoke in opposition to renaming a portion of Sparks Boulevard to Scheels Boulevard.


A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.



4.1 - Time: 3:08:41 p.m. Proclamation - Mayor Martini read a proclamation naming Wednesday, June 20, Construction Safety Day 2007, as Construction Safety Day in recognition of the Nevada

Chapter of the Associated General Contractors' role in rewarding

Page 1 of 11


organizations that actively promote safety on their job sites and in the industry. The proclamation was accepted by Mr. J.J. Williams.

4.2 - Time: 3:08:08 p.m. Presentation by Wing Wing Commander Dion Decamp gave a power point presentation Commander Dion on the history and mission of the Nevada Wing of the Civil Air I

Decamp of the Nevada Patrol and requested the Council's assistance in locating a new site Civil Air Patrol for their facility.

5. Consent Items: Time: 3:20:42 p.m. Consent Item 5.4 was pulled for discussion and separate motion.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve Consent Items 5.1 through 5.3 and 5.5 through 5.16. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

5.1 - An agenda item from Police Chief John Dotson recommending the i On Premises Alcoholic City Council approve an application from Mr. Thomas Peter Beverage License for Duncan, 1844 Registol, Reno, for an On Premises Alcoholic Kiley Links Golf, 5800 Beverage License for Kiley Golf, LLC, doing business as Kiley Kiley Links Links Golf, located at 5800 Kiley Links. This will be Mr.

Duncan's first license in Sparks. The license will provide a $1,000.00 annual fee, plus $1 .OO per $1,000.00 over $50,000.00 annually and is contingent upon inspections and approvals from

e various agencies as stated in the staff report.

I

Mayor Martini invited Mr. Duncan to tell the Council about the new business. Mr. Duncan stated he recently purchased the golf course and is just getting started.

5.2 - An agenda item from City Surveyor Andy Fuller recommending Reversion to Acreage the City Council approve a reversion to acreage map for the Map for the Gilbert Gilbert Family Limited Partnership for property located at 2253 Family Limited Ticino Court. The conversion is to eliminate lot lines conflicting Partnership with a proposed building. The map has been reviewed by the

Community Development Department and has been found to be acceptable and the appropriate fees have been paid.

5.3 An agenda item from City Surveyor Andy Fuller recommending Reversion to Acreage the City Council approve a reversion to acreage map for 1 lth Street Map for 1 1 th Street Enterprises, LLC, for property located at 1102 Victorian Avenue. Enterprises, LLC The conversion is to eliminate lot lines conflicting with a proposed

building. The map has been reviewed by the Community Development Department and has been found to be acceptable and the appropriate fees have been paid.

Page 2 of 1 1


5.4 Time: 3:20:42 p.m. @ G a l Subdivision Map An agenda item from Deputy Director of Community for Verona @ D7Andrea Development John Martini recommending the City Council

approve a final subdivision map for Verona @ D'andrea. This subdivision will be generally located east of Vista Boulevard, north and west of South D'Andrea Parkway, and south of North D'Andrea Parkway and will create 54 lots on 12.19 acres. The current zoning is PD and the developer will be Lennar Reno, LLC. The final map and improvement drawings have been checked and the appropriate fees have been paid. A subdivision bond has been filed with the City Clerk to guarantee the construction of the public improvements.

Council Member Smith stated that this Verona subdivision was owned by Ryder and Lennar is now doing the building and he wanted to make sure that we were not voting on a handbook because they have taken it upon themselves to withdraw from the D'Andrea Home Owners Association to start their own and he did not believe they could do that. Community Development Director Neil Kmtz stated that this was simply to approve of the creation of the lots in the Verona neighborhood and that it had nothing to do with the handbook.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve Consent Item 5.4. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

5.5 An agenda item from Public Works Director Wayne Seidel Approval of Design recommending the City Council approve a Design Services Services Proposal for the Proposal from HMC Architects of Nevada in the amount of Sparks Marina Icon $25,000 for the Sparks Marina Icon (Lighthouse). HMC (Lighthouse) to HMC Architects will provide the necessary design services to complete Architects of Nevada biddable public documents and plans for this project in accordance

with the State Labor Commissioner's decision that since public monies are involved and the value is over $100,000, the City must publicly bid the project.

5.6 An agenda item from Public Works Director Wayne Seidel Quote Award to Paint recommending the City Council award to Linde117s Painting TMWRF Thickened Service the quote to paint the Truckee Meadows Water Waste Activate Sludge Reclamation Facility, Thickened Waste Activate Sludge Room in Room to Lindell's the amount of $25,719. This room houses the mechanical Painting Services equipment to operate the two dissolved air flotation sludge

thickeners as well as the plan instrument air compressors. Several equipment modifications have recently taken place and the new equipment was not painted. The interior walls and ceiling require

Page 3 of 1 1


5.7 Construction Contract to J.F. Pacific Liners for the Greenbrae DrivelOxford Avenue Sewer Rehabilitation Project

5.8 &d of City Hall Boiler Replacement Project to Southland Industries

painting, which will be accomplished with these informal quotes and a purchase order

An agenda item from Public Works Director Wayne Seidel recommending the City Council award a Construction Contract to J.F. Pacific Liners for the Greenbrae DrivelOxford Avenue Sewer rehabilitation Project in the amount of $45,605.12. Sanitary sewer lines in the Greenbrae Drive and Oxford Avenue area were found to be in need of rehabilitation. Staff obtained informal quotes to perform the work and J.F. Pacific was the low quote. J.F. Pacific is a reputable company who has performed a large amount of slip lining work.

An agenda item from Public Works Director Wayne Seidel recommending the City Council award to Southland Industries the bid (No. 06107-051) for the City Hall Boiler Replacement and miscellaneous HVAC upgrades for City Hall in the amount of $56,714. The scope of work includes replacement of the boiler, replacement of bearings for a blower, ductwork, modifications and installation of several heating coils and a new air distribution box for better temperature control and air distribution in Building 300.

5.9 Award of Ornamental Turf Pest Control and

An agenda item from Public Works Director Wayne Seidel recommending the City Council award to Pied Piper Pest Control the bid (No. 07108-003) for Ornamental Turf Pest Control and

Weed Abatement Project Weed Abatement in the amount of $73,580.45. The City to Pied Piper Pest Control maintains over 500 acres of land that requires periodical pest

control and weed abatement and due to required certifications and economy of scale, it is more efficient to contract for this service. The contract calls for services through 2009, with an option to renew for two additional years.

I

5.10 An agenda item from Benefits and Risk Manager Randy I I

Placement of Various Waterman recommending the City Council approve the placement 1

Property and Casualty of various property and casualty insurance policies to protect the I

Insurance Policies for the financial interests of the City of Sparks. Estimated annual City premium for the 07/08 fiscal year is $464,563. The City's

frequent and more predictable losses are self-funded. This is the annual renewal of various commercial insurance policies the City purchases to protect its financial interests relating to less predictable, large losses. The lines of coverage include: Property

I

& Contents, General and Auto Liability, Physical Damage I , Coverage for high value vehicles, Contractor's Equipment, Excess I I Worker's Comp (required by Statute), Employee Dishonesty, I

Flood Insurance (specific to Fire Station #3), and Tenants and Permittees (to insure the City and those using our facilities for specific events).

Page 4 of 1 1 I

Minutes of the SJ 3ecial Meeting of the Sparks City Council for June 18,2007

Placement of Various Property and Casualty Insurance Policies for TMWRF

5.12 Replacement of City-Paid Life and AD&D Insurance Policy for City Employees and Retirees

.. Ratification of Interlocal Contract for Governmental Taxation and Finance Consulting Services

5.14 Renewal of Agreement to Provide Regular Traffic Signal Maintenance Services

An agenda item from Benefits and Risk Manager Randy Waterman recommending the City Council approve the placement of various property and casualty insurance policies to protect the financial interests of the Truckee Meadows Water Reclamation Facility (TMWRF) in the event of property and casualty losses. Estimated annual premium for the 07/08 fiscal year is $260,834. The lines of coverage include: Property & Contents (including boiler and machinery), Pollution Legal Liability (continuation of a 3-year policy); and General Liability (via the City's policy).

An agenda item from Benefits and Risk Manager Randy Waterman recommending the City Council approve the replacement of City-paid Life and AD&D Insurance policy for City employees and retirees. As part of the employee benefits plan, the City provides a basic life insurance benefit for employees ($25,000), dependents of employees ($2,500), and retirees (10,000). The policy also includes an accidental death and dismemberment benefit of $25,000. This insurance policy (written by the Standard Insurance Company) replaces the expiring one, resulting in an estimated annual savings of about 4.5% of the premium. Estimated annual cost is $82,000.

An agenda item from Finance Director Tom Minton recommending that the City Council ratify an Interlocal Contract for Governmental Taxation and Finance Consulting Services. Since January 2002, the City of Sparks has joined a cooperative effort to share the costs of a consulting services contract with the City of Henderson, City of Las Vegas, City of North Las Vegas and the City of Reno. It has been determined that the interlocal contract needs some clarification. The amended and restated interlocal contract clarifies that the City of Henderson serves as the designated Nevada Urban Consortium representative as both Agent and Fiscal Agent and has been since the inception of the Consortium in 2002. The amended contract does not change the scope or length of the contract, but only clarified certain items.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve the renewal of an agreement between the City of Sparks and Washoe County in which the City of Sparks agrees to provide regular traffic signal maintenance services throughout Washoe County in exchange for payment for those services from Washoe County. Services to be provided by the City and all equipment necessary to provide those services, are to be paid for by Washoe County under the terms of the agreement. Washoe County will pay an annual fee of $1 18,632.00 which is an annual fee increase of $17,932.00, less

Page 5 of 1 1


5.15 Amendment to Agreement for Facilitation Services with California State University, Sacramento, Center for Collaborative Policy at TMWRF

5.16 Amendment # 1 to the Agreement for the Truckee River Below Derby Dam Low Flow Channel Design


6.1 Resolution No. 3063, Augmentation of the Capital Projects Fund to Provide Appropriations for the Golden Eagle Park Project

deductions for the boom truck and depreciation which have been fully paid.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve an amendment to the Agreement (A-3288) with the City of Reno for the California State University, Sacramento, Center for Collaborative Policy to provide facilitation services at the Truckee Meadows Water Reclamation Facility (TMWRF) in the amount of $103,594. This amendment is important for TMWRF and the future expansions and the facilitation plan. It increases the number of facilitated meetings needed in support of the Truckee River total nitrogen total Maximum Daily Load (TMDL) revisions under way.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve Amendment No. 1 in the amount of $179,899.98 to the agreement with the City of Reno and HDR Engineering, Inc., (approved in December 2005 in the amount of $183,827.00, A-3311) for the Truckee River Below Derby Dam Low flow Channel Design approved June 26, 2006. This amendment will provide a complete environmental assessment, design and bid specifications for the low flow channel construction. The goal of this amendment is to provide a geomorphically correct low flow channel at Derby Dam to help preserve water quality in support of the Desert Terminal Lakes Project grant. The Dam structures will not be modified.

Time: 3:23:18 p.m. An agenda item from Finance Director Tom Minton recommending the City Council approve Resolution No. 3063, a resolution to augment the 200612007 Capital Projects Fund Budget of the City of Sparks. Due to the uncertainty of the timing of the sale of the Don Mello complex, the appropriations for the project were not in the fiscal year 200612007 budget. The proceeds from this sale have now been received and this resolution is needed to augment the fiscal year 200612007 budget to allow the use of those funds on the Golden Eagle project while avoiding a budget violation. The augmentation is an increase of $18,053,632.00 in appropriations for the Golden Eagle Park project.

I

Budget Analyst Stacie Hernrnerling noted that in preparing the I budget staff did not know what fiscal year the Don Mello property I

I would be sold and the budget authority to spend that money was in the last fiscal year, not in this fiscal year; however the sale occurred in this fiscal year. Therefore the budget needs to be

Page 6 of 11


augmented so that the funds can be spent.

Council Member Schrnitt asked if this was a normal, end of the year, housekeeping item. Ms. Hemmerling stated that yes, we are simply bringing budget authority from the prior year that we didn't use last year forward for this year.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve Resolution No. 3063. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

6.2 - Time: 3:25:28 p.m. Resolution No. 3064, An agenda item from Finance Director Tom Minton Augmentation of the recommending the City Council approve Resolution No. 3064, a Marina SAD No. 2 resolution to augment the 200612007 Budget in the Marina SAD Construction Control No. 2 Construction Control Fund of the City of Sparks. This Fund capital projects fund used to account for proceeds from special

assessment bonds and the reimbursements for infrastructure improvements constructed by Marina Business Park LLC. The timing of payments to Marina Business Park LLC under the Marina SAD Financing and Acquisition Agreement was unknown at the time the fiscal year 200612007 budget was filed. All payments under the agreement have now been made, and have caused an over budget condition of $60,806 in the current fiscal year. Cash was available to make these payments, but the budget will need to be augmented to correct the over budget conditions.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Resolution No. 3064. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

6.3 - Time: 3:26: 15 p.m. Contract Renewal with An agenda item from Public Information Officer Adam Maybeny SNCAT recommending the City Council approve the renewal of the

contract with Sierra Nevada Community Access Television (SNCAT) in the annual amount of $107,775, plus additional productions at an hourly rate. The current contract with SNCAT expires June 30, 2007. The proposed contract better identifies the costs associated with SNCAT services such as video and production and provides a cost saving to the City as well. The new contract calls for a total of $15,375 to broadcast City government meetings on Channel 15; guarantees six "Spotlight on Sparks" programs at a cost of $36,000; includes $56,400 for programming and administrative time such as scheduling, maintaining and updating the bulletin board, and providing routine maintenance.

Page 7 of 11


6.4 - Direction to Staff to Initiate Amendments to the SMC to Include the Public Facility Zoning District as a Zoning District in Which Temporary Uses are Allowed

Additional production services, such as public service announcements, town hall meetings, and special videos will remain at an hourly rate.

Mr. Mayberry stated that the agreement primarily consists of two components; one being the live broadcast and rebroadcast of all City Council and other boards and commission meetings; and production of public affairs programming. He noted that through negotiations staff was able to save the City over $50,000 while maintaining the same level of service.

Council Member Schmitt stated he has noticed an increase in the quality of the product they are doing over the past year and he felt that a lot of that was the experience that Mr. Mayberry brings to the effort.

Council Member Mayer also commented how much he appreciates Mr. Mayberry's work and said he regretted that people who had satellite and dish TV were unable to access this programming. Mr. Mayberry noted that AT&T, with their upcoming video service, has agreed to provide the public education and government access channels, so this will broaden our outreach.

Council Member Schmitt asked when we would be able to go to full video stream and include our government meetings on our web site. Mr. Mayberry said we are in the test phase right now to make sure it works and operates properly and that it is something we should invest in. He said he hopes to have more information for the Council in about three months.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the contract renewal with SNCAT. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion caqied.

Time: =3:3 1 :52 p.m. An agendi item from City Planner Margaret Powell requesting the City Council hear discussion and provide direction to staff to initiate amendments to the Sparks Municipal Code (SMC) to include the Public Facility zoning district as a zoning district in which temporary uses (outdoor uses) are allowed. There have been several inquiries to have outdoor sales at properties zoned Public Facility. The current ordinance does not permit temporary outdoor sales in the Public Facility zone. They are allowed in the commercial and industrial zones only.

Page 8 of 1 l

Minutes of the Special Meeting of the Sparks City Council for June 18, 2007

Ms. Powell noted that staff received several requests for outdoor sales in the parking lots of public facility zoned property; however, when staff read our code they found that they are precluded from having those sales. Staff felt that this classification should be added to public facility section of our ordinance.

Mayor Martini asked if outdoor sales are like the church that holds a weekly farmer's market. Ms. Powell stated that the farmer's market is classified as a special event and falls under a different section of the code. She said this was more like the street corner vendors selling cherries or bonsai plants or statuary. She stated that we currently allow these types of activities in our C2, TC, Cl zoning classifications - once for 72 hours every 28 days, with a business license. She said if they want to do it more often than that, they must find other locations in which to do this. Ms. Powell noted that this ordinance has not been updated in probably 30 years and staff just needs to do some house cleaning.

Council Member Smith asked if they would need a permit and a business license to say, sell flowers on Mothers Day. Ms. Powell said yes, they will. Council Member Smith asked how they would be monitored to make sure they are collecting sales tax, etc. Ms. Powell noted that the sales tax does not come to the City; it goes to the State; however, they must provide documentation when they get a business license regarding sales tax. She noted that some businesses are non-profit, so there are other regulations that apply and that the temporary use permit fees are waived for non-profits, however, they still need to get the permit.

Council Member Smith asked what happens when we shut down a vendor that does not have a permit or license, but they just move to another location. Ms. Powell stated that in their enforcement efforts we would give them a warning and if they show up again we give them a ticket and they can explain it to a judge.

Council Member Mayor said he has received complaints regarding the person selling statuary every weekend at the church on Pyramid and also the vendors at the 7-1 1 at the corner of Victorian and Pyramid. Ms. Powell stated that staff is working with the person selling statuary and they will talk to the church; however, if the sales at the 7-1 1 are on private property there isn't much we can do about it; because they are allowed to set up an outdoor sales booth on their private property, with a temporary use permit, for 72 hours every 28 days. She noted that they are required to have a business license, but they could use the 7-1 1's business license with the permission of the 7-Eleven. She said she would have staff check on this business.

Page 9 of 1 1


A motion was made by Council Member Smith, seconded by Council Member Mayer, to direct staff to initiate amendments to the SMC to include the Public Facility zoning district as a zoning district in which temporary uses (outdoor uses) are allowed. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

6.5 - Time: 3:45:34 p.m. Direction to Staff to An agenda item from City Planner Margaret Powell requesting the Initiate Amendments to City Council hear discussion and provide direction to staff to the SMC to Establish a initiate amendments to the Sparks Municipal Code (SMC) to Sparks Historic establish the qualifications and duties for a Sparks Historic Resources Commission Resources Commission, as well as the criteria for designating

historic resources and establishing historic districts.

Senior Planner Victor Villarreal noted that several months ago the Council directed staff to look into converting the ad hoc historic preservation Committee to a full Historic Preservation Commission. Upon receiving this direction staff has done a considerable amount of research into the composition and function of Historic Preservation Commissions in a number of communities and held discussions with the ad hoc committee and staff at the State Preservation office in Carson City to help determine what type of commission would be most appropriate for the Sparks community. He stated that upon approval from Council, staff will take this information and put it into a draft ordinance.

Council Member Mayer asked if there would be public input into this process because he was aware of several people that were against historic districts. Mr. Villarreal stated that there would be a public hearing at the Planning Commission on the proposed ordinance (July 19'q.

Ms. Powell emphasized that this ordinance did not establish a historic district, it simply established a commission.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to direct to staff to initiate amendments to the SMC to establish the qualifications and duties for a Sparks Historic Resources Commission, as well as the criteria for designating historic resources and establishing historic districts. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.


Page 10 of 11 I


@ 8. Planning and Zoning Public Hearings and Action Items: NONE

9. Time: 4:49: 10 p.m. Comments from the None. Council and City Manager

10. Time: 4:49: 14 p.m. b;;ij oumment There being no further business, the meeting was adjourned at

4:49 p.m.

Mayor

City Clerk >>>

Page 11 of 11

REGULAR MEETING OF THE SPARKS CITY COUNCIL June 1 1,2007 3.00 p.m.



2. - Roll Call

Time: 3:01:22 p.m. Mayor Geno Martini, Acting City Clerk Helen Elliott, Council Members John Mayer, Phillip Salerno, Ron Smith, City Manager Shaun Carey, Acting City Attorney David Creekman, PRESENT. Council Members Mike Carrigan, Ron Schrnitt, City Attorney Chet Adarns, ABSENT.

Staff Present: Brian Bessette, Kathy Clewett, Marc DeLaTorre, John Dotson, Steve Driscoll, Pete Etchart, Andy Flock, Randall Gray, Stacie Hernmerling, Alexis Roman-Hill, Chere' Jigour, Rob Joiner, Neil Krutz, John Martini, Adam Mayberry, Karen Melby, Tom Riley, Greg von Schottenstein, Chris Syverson, Tim Thompson, and Carrie Brooks.

Invocation Time: 3:01:41 p.m. The invocation was given by Pastor Roger Canary of the Church of Jesus Christ Spiritfilled.

Pledge of Allegiance Time: 3:02:41 p.m. Boy Scouts from Troop 3396 (sponsored by the Veterans of Foreign War, Post 3396) and Troop 43 (sponsored by the Sparks United Methodist Church) posted the colors of the Flag of the United States in honor of Flag Day, June 14, 2007, and led the public in the Pledge of Allegiance to the Flag.

Comments fiom the Time: 3:05:44 p.m. Public Shirley Bertschinger, 832 Olancha Court, spoke against approval

of item 6.7, the request for a Professional Services Contract with Stanley H. Brown, Jr., Esquire.

Don Young, 1185 Harbour Cove Court, asked the Council to refrain from discussing his comments until after he had concluded his statement. He stated he requested and received a copy of the supporting materials for this agenda as of noon on Friday, June gth; however he wanted to query the City Clerk to see if any additional supporting material for this agenda was provided to the City Council since noon on Friday, June gth and requested that the City Clerk provide him with any additional supporting material that the

Page 1 of 2 1

Minutes of the Regular Meeting of the Sparks City Council for June 1 1, 2007


City Council has received since noon on Friday June 8th. He further requested that the City Council take action only on items that have been included within the supporting material for this agenda. His last request was that item 8.2 be postponed to a time and date certain because the City Engineer has scheduled on the FEMA flood plain issue with the same homeowners adversely impacted by Agenda Item 8.2.


Item 6.7 was continued to the Meeting of June 25,2007.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

3. - Time: 3: 10:26 p.m. Approval ofthe Minutes A motion was made by Council Member Salerno, seconded by

Council Member Mayer, to approve the Minutes of the Special Meeting of May 2 1, 2007, the Regular Meeting of May 29, 2007, and the Special Meeting of June 4, 2007. Council Members Mayer, Salemo, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.


4.1 - Time: 3: 1 1 :00 p.m. Presentation of Nevada The City Council honored Sparks High School Student (Class of League of Cities 2007), Vivian Luong, who received a $1,000 scholarship from the Scholarship Award to Nevada League of Cities. The City of Sparks also awarded a $200 Vivian Luong scholarship to Ms. Luong. along with Sparks High School 2007

graduates Mintarnarie Shulz and Grecia Anaya. Mayor Martini read a commendation to their teacher, Kathryn Betz, in recognition of her dedication and incredible abilities to motivate and encourage her students.

Proclamation - Reno Time: 3:19:33 p.m. Rodeo Days Council Member Phil Salerno read a proclamation naming June 15

through June 23, 2007 as Reno Rodeo Days, in recognition of 3rd largest and richest rodeo in the United States, offering entertainment and competition for all cowboys and cowgirls.

Page 2 of 21 i I

Minutes of the Regular Meeting of the Sparks City Council for June 1 1,2007

5. Consent Items:

5.1 Report of Claims and Bills and Appropriation Transfers

5.2 - Request for a Business License Penalty Refund from Witte Enterprises, dba Quiznos

5.3 - Request for a Business License Penalty Refund from Payroll Systems

5.4 - Request for a Refund of Excess Business License Fees Paid by Tiger Enterprises International; The Ark, Inc.

Time: 3:20:42 p.m. A motion was made by Council Member Smith, seconded by Council Member Salerno, to approve Consent Items 5.1, through 5.1 1. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

An agenda item from Finance Director Terri Thomas recommending approval of the Report of Claims and Bills approved for payment and the Appropriation Transfers made since the last regular Council Meeting for the period covering May 10, 2007 through May 23,2007.

An agenda item fiom Finance Director Tom Minton recommending the City Council hear the appeal of Whitte Enterprises, doing business as Quiznos, and accept the Finance Director's recommendation to waive the business license penalty in the amount of $229.93. Whitte Enterprises stated in their appeal letter that the business was sold due to the debt encumbered and that they are appealing the penalties charged and paid. Because of the circumstances, Finance is recommending that the penalties be refunded.

An agenda item from Finance Director Tom Minton recommending the City Council hear the appeal of Payroll Systems, and accept the Finance Director's recommendation to waive the business license penalty in the amount of $421.89. Whitte Enterprises stated in their appeal letter that they misplaced the license renewal form during their move to a new facility on SparksDisc Drive and their bookkeeper retired. This company has been in business since 1993 and has never been late before. Because of the circumstances, Finance is recommending that the penalties be refunded.

An agenda item fiom Finance Director Tom Minton recommending the City Council approve the request from Tiger Enterprises International; The Ark, Inc., for a refund of excess business license fees paid by the applicant for 2006 in the amount of $1,538.00. These business license fees were paid in error when the amount of gross receipts was reported for the entire business, not just those in the City of Sparks ONLY. The Finance Director is recommending that the excess fees be refunded.

5.5 - An agenda item from Public Works Director Wayne Seidel Bid Award for the recommending the City Council award to Skalar, Inc., the Bid (No. Purchase of an automated 06107-053) for purchase of an automated Total Nitrogen analyzer Total Nitrogen Analyzer at the Truckee Meadows Water Reclamation Facility in the

Page 3 of 21


for TMWRF amount of $43,965.00. This equipment will provide a rapid and cost effective way to measure dissolved organic nitrogen at the treatment facility and serve as a backup instrument for process control testing.

5.6 An agenda item from Deputy Director of Community Final Subdivision Map Development John Martini recommending the City Council for Wildcreek Estates, approve a final subdivision map for Wildcreek Estates, Phase 4. Phase 4 This phase will be generally located east of Clearacre Lane, west

of Sullivan Lane, north of North McCarran Boulevard and adjacent to El Rancho Boulevard and will create 54 lots on 8.96 acres. The current zoning is R1-6 and the developer will be Consolidated Pacific Development, Inc. The final map and improvement drawings have been checked and the appropriate fees have been paid. An irrevocable letter of credit has been filed with the City Clerk to guarantee the construction of the public improvements.

5.7 An agenda item from Police Chief John Dotson recommending the Forensic Support City Council approve a Forensic Support Services Agreement Services Agreement with between the City of Sparks and the Washoe County Sheriffs the Washoe County Office to provide essential expertise in the areas of crime scene Sheriffs Office processing, evidence examination and preservation, as well as the

testing of illegal drug and alcohol offenses related to impaired driving. This agreement will incorporate two previous agreements for these services; clarify \operating costs; allow for a more efficient accountability system; and make a minor adjustment to the cost increase that will occur yearly to keep up with the rising cost of labor and materials. The anticipated financial impact of this agreement is $129,500 for the first year and a $5,000 increase every year thereafter, unless agreed upon by both parties.

5.8 - An agenda item from Parks and Recreation Director Stan Sherer Memorandum of recommending the City Council approve a Memorandum of Agreement with the Agreement with the Children's Cabinet, Inc., in the amount of Children's Cabinet for $42,291.38, for the acquisition and disbursement of funding for the 2007/2008 Before and After School Programs in compliance with the

Department of Human Resources Welfare Division regulations, effective July 1, 2007 to June 30, 2008. The Children's Cabinet awards funding based on applications from various agencies. To streamline the process, child care providers have consolidated their requests under combined applications. These applications are coordinated by the Children's Cabinet, who also processes the funding throughout the year.

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5.9 An agenda item from Assistant City Manger Steve Driscoll Approval of a recommending that the City Council approve a complement Complement Change and change and a new classification in the Wastewater Treatment Plant a New Classification in Division of the Public Works Department. Approved in the 06/07 the Wastewater budget were two complement changes promoting two Chemists to Treatment Plant Division Laboratory Services Supervisors and adding one position of of Public Works Maintenance Scheduler. Since that time, the division has had the

position of Laboratory Services Manager become open, which has prompted the department to reexamine their organization and revise their original request. The revised plan will downgrade one Laboratory Services Manager (currently vacant) to a Laboratory Services Supervisor (a new classification); upgrade one Chemist I1 position to a Laboratory Services supervisor; and change the complement from Maintenance Scheduler to Senior Waste Water Operator. The cost for the additional position was in the 06/07 budget and the proposed complement change will not be an additional cost.

5.10 An agenda item from Assistant City Manger Steve Driscoll Approval of a recommending that the City Council approve a complement Complement Change in change in the Wastewater Treatment Plant Division of the Public the Wastewater Works Department. The City's budget for the Wastewater Treatment Plant Division Division for fiscal year 07/08 requested a complement change of of Public Works the five Wastewater Treatment Plan Operator 11s to become five

Wastewater Treatment Plant Operator 111s. This does not increase the total head count for the division.

5.11 An agenda item from Assistant City Manger Steve Driscoll Approval to Add the recommending that the City Council approve adding the new Position of Laboratory classification of Laboratory Supervisor in the Wastewater Supervisor to the Treatment Plant Division of the Public Works Department to the Management, Management, Professional and Technical Resolution. By adding Professional and this classification there is no alteration to the language in the Technical Resolution current agreement, but it will require changes to "Appendix A -

Management Job Class and Salary Wage Ranges".


6.1 - Time: 3:2 1 : 1 1 p.m. Local Legislative Affairs Government Affairs Manger Rob Joiner reported that the 2007 Issues Legislative Session has successfully ended with only one day of

special session. He noted that our region received $5 million for the stream restoration program to assist in the overall river restoration and flood prevention. Mr. Joiner said he would give a brief overview and update of his written report and then on the 25th of this month he would give a power point presentation on some of

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the Regular Meeting of the Sparks City Council for June 1 1, 2007

the bills that were passed and signed and what they mean to our City.

SBlOl - Our City Charter bill - was successful in getting through both houses and signed by the Governor. This allows staff to seek outside counsel with the Council's approval. It also addresses any conflicts with employee relationships with the Civil Service Commission.

He said a graffiti bill was signed into law - AB14. This was a collaborative bill with several jurisdictions. This is getting a lot of press and attention by various law enforcement and secret witness programs around the state, so we are very encouraged that this will have an impact on helping to prevent graffiti in the future.

Two eminent domain bills became law and they will prevent our government fiom doing public to private dispensation of eminent domain.

He said there were several energy bills, including the Green energy bill that was rescinded from last session and the one that replaced it (AB621) and SB437 (which has been enrolled and is waiting for signature) which not only gives requirements, but also some incentives for energy conservation and construction. This will have a fiscal note on us and we will try to get a feel for what that might be.

There were three annexation bills - good and bad news - none of those passed. Staff will report on the 25th on what this means for our Regional Planning effort.

Mr. Joiner noted we requested $1 million for the Larry D. Johnson Community Center; however, appropriations this year were very lean and no one got their full compliment of requests. We were successful in receiving $163,760 towards the next phase of that Community Center.

Mr. Joiner said we were also successful in getting and extension of the funding for the Rock Park project on the Truckee River as well as the money's for Washoe County baseball for Triple A. This gives us another two years to complete those projects.

He said the statewide fianchising agreement bills are on the Governor's desk and we expect those to be signed into law. These will remove us fiom being franchised with telecommunications

l

and video communication industries; however, we do receive the I

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5% gross revenues as we have in the past.

He said there are some changes coming to the public employees benefit program that might affect some decisions on retirement in order to retain certain benefits and this has been reported to our employee unions. He said the good news is that the deadline was amended to November of 2008.

Mr. Joiner said there were two different bills that the billboard language was attached to and we were successful in having both of those denied so there are no further requirements on our billboards.

SB487 - the bill that came out of the Interim Committee on Statewide Water Consolidation did pass in a modified form and he will report on this in more detail on the ~ 5 ~ ~ .

SB374 was approved. We were the only City under 100,000 that had the issue with the bonding for our increment areas and we were able to get it amended to maintain our 15 % bonding capacity as we begin to cross the threshold of over 100,000 - we were the only City in the State that was affected by this legislation.

He reported that there are no interim studies this year. Basically SCR26 is continued for a state-wide look at water; but the normal (3 in each house) interim studies have been curtailed because there are so many standing committees that have expanded their request for studies.

6.2 - Time: 3:28:27 p.m. Acceptance of $1 1,000 in An agenda item from Parks and Recreation Director Stan Sherer Sponsorships for the requesting the City Council review and accept $1 1,000 in total 2007 Arts in Bloom sponsorships from 9 sponsors for the 2007 Arts in Bloom event. Event

Special Events Supervisor Greg von Schottenstein thanked the sponsors for their support for this event. He noted the title sponsor was Centex Homes for the second year in a row and the presenting sponsors were: El Dorado Savings Bank, Dr. David Welmerink, Sierra Diving Center, RE/MAX International, Northern Nevada Medical Center, Costco and Eagle Fitness. He stated the in-kind sponsors included: Americom Broadcasting and Reno Radio Reps, Carnelot Party Rentals, John Asquaga's Nugget, Nevada Health Centers, Playful Potter, Reno News and Review and the UPS Store.

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A motion was made by Council Member Mayer, seconded by Council Member Salerno, to accept the donations as outlined. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

6.3 - Time: 3:30:20 p.m. Acceptance of $84,000 in An agenda item from Parks and Recreation Director Stan Sherer Sponsorships for the requesting the City Council review and accept $84,000 in total 2007 Sparks Hometowne sponsorships from 30 sponsors for the 2007 Sparks Hometowne Farmer's Market Farmer's Market.

Special Events Supervisor Greg von Schottenstein thanked the sponsors for their support for this event and noted that the sponsors were broken down into three categories: major sponsors, presenting sponsors, and supporting sponsors.

Major Sponsors: Charter Communications, Great Basin Brewing Company, Greater Nevada Credit Union, John Asquagays Nugget, Reno Gazette-Journal, Regional Transportation Commission, State Farm Insurance, State Farm Insurance and Swire Coca-Cola.

Presenting Sponsors: Advanced Window Design, Boys and Girls club of Truckee Meadows, Career College of Northern Nevada, Clearwire, Costco, Powerhouse Gyms, Countrywide Home Loans, Cricket Communications, Inc., Dixon Realty, Delivery Diner, a Gold's Gym, H&R Block, Heavenly Times Hot Tubs & Billards, It's Just Lunch, John Robert Powers, Liberty Tax Service, The Mobile Team, Nouveau Riche University, Priority Customer Imprinting, Reno Connections, Reno Cycles & Gears, Silver Club Casino, Sparks Tribune, Sun-E Concepts, Trammel Crow, U.S. Army Recruiting, Victorian Saloon and YTB Travel.

Supporting Sponsors: Custom Boat and Marine, UPS and Scooters, Inc.

Council Member Mayer noted that RTC would be running a shuttle between Reed High School and the Market and he encouraged everyone to utilize the shuttle and avoid the difficulty of parking at this event.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to accept the sponsorships as outlined. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

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6.4 Time: 3:33:08 p.m. Resolution No. 3062, To An agenda item from Finance Director Tom Minton requesting the Augment the 200612007 City Council approve Resolution No. 3062, a resolution augment Budget in the Street Cut the 200612007 budget in the Street Cut Fund of the City of Sparks. Fund The procedures and requirements for budget augmentations are

outlined in NRS 354.598005 and NAC 354.410. This augmentation meets those requirements. Street Cut Permits and the related fees have been coming in higher than expected this fiscal year. Increased permit activity requires contracted repairs of the related street cuts. A budget augmentation is needed to cover a previously approved change order on the contract for those repair services without creating a statutory budget violation. The budget will be augmented by $1 14,094, bringing the total appropriations from $291,570 to $405,664.

A motion was made by Council Member Mayer, seconded by Council Member Carrigan, to approve Resolution No. 3062. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schrnitt, ABSENT. Motion carried.

6.5 - Interlocal Cooperative Agreement for Reimbursement with RTC to Replace Storm Drain Facilities as Part of the Greg Street Rehabilitation Project

Time: 3:33:51 p.m. An agenda item from Public Works Director Wayne Seidel requesting the City Council approve an Interlocal Cooperative Agreement for Reimbursement with the Regional Transportation Commission of Washoe County (RTC) in the amount of $91,530 to replace storm drain facilities as part of the Greg Street Rehabilitation Project.

City Engineer Pete Etchart noted that the City will reimburse RTC for the cost of replacing 14 catch basins and upsizing 73 feet of storm drain lateral during their rehabilitation of Greg Street beginning in June of 2007. He noted that this is not the final cost, just the engineer's estimate and that the City would pay the actual cost of the bid for this work.

Council Member Mayer said it was great that we could get this work done before the street was rehabilitated so we would not have to cut into a new street.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve this Interlocal Cooperative Agreement with the RTC. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

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6.6 PCN06 104, Reynen and Bardis, Final Approval of an ~rnendment-to the Foothills at Wingfield

Time: 3:35:41 p.m. An agenda item from Assistant Planner Alexis Roman-Hill requesting the City Council approve PCN06104, Final Approval of an amendment to the Foothills at Wingfield Springs Planned Development Handbook for a site approximately 690 acres

Springs Planned generally located east of the Wingfield Springs Planned Development Handbook Development, south of the Highlands at Cimarron East, and

southeast of Cimarron. This development received approval by the City Council under Resolution No. 3053 on February 20,2007, to allow for a change in the Master Plan from General Commercial I

to 10 dwelling units per acre (residential). This Final approval of an amendment to the Foothills at Wingfield Springs Handbook

I ~ merely allows for the handbook to reflect these changes. The final handbook does not alter any of the criteria outlined in state law. Therefore the final handbook is in substantial compliance with the tentatively approved handbook.

Ms. Roman-Hill displayed a map showing the location of the site and responded to questions from Council.

Council Member Mayer asked how the new zoning compared to the surrounding zoning. Ms. Roman-Hill stated that it would be a high density, but not apartments - probably individual dwelling units with smaller yards - similar to cluster type homes.

A motion was made by Council Member Smith, seconded by Council Member Salerno, to approve PCN06104 as the final draft is in substantial compliance with the City Council's action on the Tentative Approval of the Foothills at Wingfield Springs Design Standards Handbook and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schrnitt, ABSENT. Motion carried.

6.7 - Time: 3:38:42 p.m. Approval of a An agenda item from Sparks City Attorney Chet Adarns Professional Services recommending the City Council approve a Professional Services Contract with Stanley H. Agreement with Stanley H. Brown, Jr., Esquire, for legal services Brown, Jr., Esq. for FY 200712008. For the past 13 years Mr. Brown has been

providing excellent legal services to the City of Sparks at favourable rates. He is currently representing the City in several lawsuits and provides ongoing advice to our Risk Management Committee and to this office on various litigation matters.

This item was continued to the meeting of June 25,2007.

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a 7. Public Hearings and Action Items Unrelated to Planning and Zoning:

7.1 Time: 3:38:42 p.m. 2nd Reading and An agenda item from Senior Assistant City Attorney Tom Riley Adoption of Bill No. recommending the City Council conduct a public hearing and 2544, Prohibiting Persons approve Bill No. 2544, an ordinance amending the Sparks from Loitering in Municipal Code by prohibiting persons from loitering in public Victorian Square areas in Victorian Square before a special event opens and after a

special event closes - the prohibition applies 24 hours prior to the opening of the event and from the time of closure of the event until police determine it is safe to allow people to return; clarifying the crime of "Disturbing the Peace" by eliminating ambiguous terms; and providing other matters properly related thereto.

Mr. Riley said he has been working with the Police Department on this proposed ordinance, which has provisions to prevent loitering in the Victorian Square area before and after special events, in general. He said people will still be able to move around and go from place to place, but they will not be able to just "hang out" for a protracted period of time after a special event closes with no particular purpose. He said obviously if they are waiting for a bus or for a movie or for someone to pick them up after a movie, they have a purpose. However, the crowds of people that just hang out on Victorian Square, usually after Farmer's Market and some of the other special events, create a hazard for clean-up crews who are running trucks or street sweepers and other types of heavy equipment and they also interfere with the movement of the vendors who are trying to take down their stands and leave the area. He said Farmers Market is a weekly event every Thursday and there is a set-up period and a take-down period. He said they have had considerable problems in the past with both pre and post event crowds interfering with the vendor's set-up and take-down. He said most of the problems occur at night and most of the risk to those that are loitering occurs because it is dark and they may not be seen by those operating cleaning up equipment.

Council Member Smith asked if this ordinance would be posted in the downtown area. Mr. Riley said it is not proposed to be posted; and it was his understanding that it would be enforced by the Police Department - when the event closes people will be given the option of going into a bar, restaurant, casino or some other business in Victorian Square, or leave the area. He said that they can be going fi-om place to place, but they can't just be hanging around for no particular reason. Council Member Smith asked if there should be signs that say that food or drink will not be served after 9:00 p.m. Mr. Riley said there is a new rule that will be

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the Regular Meeting of the Sparks City Council for June 1 1,2007

going into affect this will be shut down at liquor service areas wi

upcoming Farmers Market: the bandstand 9:00 p.m. and the outdoor restaurants and

11 be closed at 9:00 p.m.

Mr. Riley stated that in discussing this with the Police Department, particularly Lt. Brian Allen who is in charge of the Special Event enforcement, there will be a period of time where people are notified and told what the new rules are. The closing of the bandstand and outdoor liquor and food service at 9:00 p.m. are not part of this ordinance, but rather are part of the vendor permits for the event.

Council Member Smith asked for further clarification on how the new ordinance would be implemented. Police Chief John Dotson explained that a special event permit for Farmer's Market allows outdoor food and alcoholic beverages to be sold until 9:00 p.m. He stated that under the special event ordinance alcoholic beverages (not more than 12% alcohol) are allowed in a public place only during the hours of the event - otherwise, at any other time in the City the consumption of alcoholic beverages is prohibited in public. He said that technically after 9:00 p.m. it is no longer lawful to consume alcohol in a public place; however, as a practical matter, the Police Department has always shown some leeway in allowing people to consume what they have just purchased or to move into a licensed establishment to do so and they would continue to do that. Council Member Smith said he understood what they Police Department did, but he felt it may be more helpful to post the ordinance. Chief Dotson said the sidewalk cafe ordinance, for those few businesses that are licensed as such, are required by the ordinance to post such notice as part of the operation of the sidewalk cafe and it is also the responsibility of the licensee to enforce the ordinance with their own employees (to preclude people from carrying alcoholic beverages outside that enclosed area).

Council Member Salerno said he attended an awards ceremony in Victorian Square on Friday and felt he was ganged up on by the business owners. He said he was not aware of the rules about shutting down at 9:00 p.m. and two of the business owners he spoke with here very unhappy about the closing at 9:00 p.m. Chief Dotson responded that they had talked to all the business owners regarding this ordinance; however, the issue of closing at 9:00 p.m. is not what this proposed ordinance addresses. He assured the Council that yes, they had talked to the business owners, as well as each member of the Council regarding the ordinance back in May.

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a Mayor Martini opened the public hearing and asked if anyone wished to speak on this matter. There being no comment, the public hearing was closed.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve Bill No. 2544 (Ordinance No. 2364). Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

8. Planning and Zonin~ Public Hearings and Action Items:

8.1 - Time: 3:47:33 p.m. PCN07022, Tentative and An agenda item from Assistant Planner Heather Manzo Final Approval of an recommending the City Council conduct a public hearing and Amendment to the approve PCN07022, a request for tentative and final approval of Planned Development an amendment to the Planned Development Handbook (D' Andrea) Handbook for D'Andrea for a site approximately 861 acres in size in the PD zoning district

generally located southeast of the intersection of Vista Boulevard and North D'Andrea Parkway.

Senior Planner Tim Thompson noted that this amendment is strictly related to the General Commercial land use designation in the hand book; essentially we are adding banks and other similar financial institutions as an allowed use in that General Commercial land use. This affects just the D'Andrea Market Place and D'Andrea Point and staff believes this was just an oversight when the handbook was first drafted. The application would allow a Colonial Bank at the D'Andrea Marketplace location.

Mayor Martini opened the public hearing and asked if anyone wished to speak on this matter. There being no comment, the public hearing was closed.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the tentative and final Planned Development Handbook amendment associated with PCN07022 (D'Andrea), adopting findings PD1 through PD21 and the facts supporting those findings as set forth in the staff report. Due to the nature of the planned development, the City Council will not require a bond at this time as stated in NRS 278A.490. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

8.2 Time: 3:50:24 p.m. Public Hearing and An agenda item from Senior Planner Tim Thompson Consideration of an recommending the City Council conduct a public hearing and

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he Regular Meeting of the Sparks City Council for June 1 1,2007

consider an appeal of the Sparks Planning Commission's May 11, n's 2007 approval of PCN07013, Olympic Gaming, LLC, a project of val regional significance, to allow a non-restricted gaming operation mpic and a hotel with more than 150 rooms (1,000 room resort/hotel nued casino) on a portion (approximately 14 acres) of a site

approximately 148 acres in size within the NUD (New Urban I

District - Legends at Sparks Marina Planned Development) zoning district located west of Sparks Boulevard, north of Interstate 80 and east of the Sparks Marina Park, Sparks, Nevada. This appeal was submitted, and will be considered pursuant to authority contained in Sparks Municipal Code 20.07.030(B).

Mr. Thompson noted that three appeals were received by the City Clerk on June 1, 2008 and then read into the record the following prepared statement:

1. Today's consideration of the appeals of the Special Use Permit associated with the Legends Hotel/Casino will be heard under authority of Sparks Municipal Code 20.07.030.

2. Sparks Municipal Code 20.07.030 requires that the City Council "review the matter de novo."

3. Although the term "de novo," literally, means "anew," the term signifies that there has already been consideration of the issues before some body, in this case the Planning Commission on May 11, 2007 and your review of the Planning Commission's action at last week's City Council meeting on June 4,2007.

4. Because of these prior reviews, and because the matter is essentially upon appeal, it is appropriate for the City Council to rely upon the record created below by the Planning Commission and at last Monday's City Council review of the Planning Commission's action.

5. But in addition to relying upon the record completed below, because of the "de novo" standard of review attached to today's hearing, today's proceeding will include more than the issues originally before the Planning Commission and all the rulings and decisions made by the Planning Commission about which-the appellants claim to be aggrieved. Today's hearing is broader than the issues originally before the Planning Commission. It also includes all those issues not previously raised before the Planning Commission, but raised by the appellants in their appeals.

6. The City Council should hear all further testimony and evidence during today's proceeding and the parties are entitled to produce evidence, and arguments. The burden of proof is upon the appellants. Technical rules of evidence do not apply

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to today's hearing, but standards of fundamental fairness should be applied throughout today's proceeding.

7. Each of the issues raised by the appellants has been fully considered by City staff prior to today's proceeding. The conclusions reached by City staff, in response to each of the issues, have been recorded, in writing. Those responses are contained in your written staff report. Each of these responses is supported by substantial evidence. If you agree with City staff's responses, you should adopt those conclusions as if they were your own. If you disagree with City staff's conclusions, you should so indicate any areas of disagreement, and provide your reasoning behind any points of disagreement.

8. At the conclusion of today's proceeding, you may affirm, modify, remand for further consideration or reverse the action of the Planning Commission, upon a balance of your responses to all the issues raised by the appellants.

Mayor Martini opened the public hearing and asked if anyone wished to speak on this matter.

Two of the appellants, Don Young and Kenn Wittock spoke as follows:

Mr. Young, 1185 Harbour Cove Court, noted that he had asked earlier whether there were additional items or supplemental information submitted to the Council and was told by Mr. Thompson that there was [additional information]; however, it was not part of the packet he received. Mr. Young said he had only one request, that the Council require that the developers move the hotellcasino. He said his appeal letter and the appeal letters of his neighbors state the many bases for this request. He said there are more than 50 points for the Council to consider and examine and he expected the Council to address and act upon each point of the appeals.

Mr. Wittock, 1132 Harbour Cove Court, said he did not realize that the City Planners had submitted something in writing for the Council to read before this meeting and he did not receive a copy. He asked if the Council had read the three appeal letters sent to the City in protest of this development. He said that most of us live in the City of Sparks because it is a great place to live and a great place to raise a family. He said the people of Sparks have spoken many times that they do not want casinos outside the downtown area; yet, here we are again today, the City wanting to put a casino outside the downtown district. He said they also want to put it [the

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the Regular Meeting of the Sparks City Council for June 1 1,2007

casino] right on the City's most prized park, the Sparks Marina; and also give them [the developer] considerable frontage and a private beach on this lake, that the citizens won't have access to. Mr. Wittock then expressed concern about potential alcohol problems with a casino in the park and the lack of available police officers. He accused the Council of being more interested in money than they were in the quality of life for the citizens of i

I Sparks and claimed that putting a casino in this neighborhood would affect the value of properties in the area. Mr. Wittock also expressed concern regarding emergency access to the existing boat dock; and the changing of standards in the handbook from what they were shown when they bought their homes.

Mr. Wittock then again demanded whether the Council knew how many Police Officers were on duty at this time. Mayor Martini asked the Chief of Police and the response was eight or nine. Mr. Wittock then commented that the City only has eight officers on duty and they wanted to put a casino in the middle of our lake. Mayor Martini commented that casinos have their own security people. Mr. Wittock maintained that there would still be problems with drinking at the Marina and that casino security would not solve that potential problem.

There was a brief interchange between Mr. Wittock and Mayor Martini regarding the cost of maintaining the park; the need for tax increment; the fact that Mr. Wittock claimed the citizens did not want the casino; and potential traffic problems that would be caused by building a casino in this location.

I I

Council Member Smith commented that with regard to some of the comments made by Mr. Wittock, he wanted to make it clear that there was no public money being used to build this casino; that the land is owned by a private entity that is using it's own money to build the casino; and that the Legends retail project was using STAR bond money, but that the hotellcasino was not allowed to us any portion of public or STAR bond money.

Mr. Wittock then entered into a discussion with Council Member Mayer regarding the existing walking path and the emergency access easement to the boat ramp: Mr. Wittock maintaindd that they were losing the pathway and easement and Council Member Mayer maintained that the path and easement were being turned into a 24 foot paved pathway.

Mr. Wittock spoke further, continuing to maintain that people didn't want the casino and if they knew about it, they would be at

Page 16 of 21


this meeting; however they didn't know about it. Mayor Martini said this issue has been in the paper and on the radio and TV news enough that he felt assured that "everyone" knew about the proposed casino and Mayor Martini felt that the citizens did want this casino. Council Member Smith said he also felt that the citizens wanted this casino.

Acting City Attorney David Creekman asked the City Council to recognize that in the staffs responses to the issues raised on appeal, the traffic issues are very fully addressed in responses 39 through 44; that the liquor concern raised by Mr. Wittock is addressed on the first page of the responses; and that, although no one has expressly mentioned the issue of sunlight at this meeting and given the extent to which the appellants have mentioned their concerns that the construction of the hotel will deprive them of sunlight, staff has also responded to those concerns.

Mr. Creekman said he would ask the appellants to establish, for the benefit of the City Council, any easement or other legal right they might hold to unobstructed sunlight. Mr. Young stated he could do this because within both the zone change and the adoption of the final planned development handbook, which are two of the points in his 51-point argument, they were guaranteed their views and their solar access by those documents. He said that by approving this SUP the City is overturning the PD handbook and the zone change for the area. Mr. Young said that the City is, in effect, jeopardizing the entire Legends project, not just the hotellcasino. He said the Council could bring this argument to an end by demanding that the hotellcasino move away from its current location so that it does not adversely impact existing residents. He said they [the casino developer] wants to come in and destroy the neighborhood.

Mr. Creekman stated that in response to Mr. Young's allegations, he would draw the City Council's attention to the staffs response to item 8 - at the time the final PD handbook was adopted, PD Finding 15, stated as follows: The plan provides for the furtherance of access to light, air, recreation and visual enjoyment. The proposed development will not block access to light and air to the adjacent development. The development will provide enhanced access to recreation by providing for bike lanes in the adjacent street development and will connect to the existing bike path. Mr. Creekman said it further discusses the relationship between zoning and the special use permit, which seems to have been, throughout the comments he has heard, a point of possible misunderstanding or contention between the appellant and the

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the Regular Meeting of the Sparks City Council for June 1 1 , 2007

City. Mr. Creekman said that, again, he would draw the City Council's attention to staffs responses to the written appeals.

Mr. Young once again maintained that staff gave the City Council supporting material that has not been provided to the appellants and that was not included in the information he requested from the City Clerk's Office. Mr. Young continued to maintain that he had not received the minutes for the meeting of June 4" and the Agenda Report for 8.2, and thus had not received all the information which had been provided to the Council regarding this appeal; and therefore the Council was in violation of the NRS. Mr. Young said he would also like all 51 of his appeal points addressed and felt that they were being glossed over by the staff in four or five responses.

Mayor Martini asked Mr. Creekman if the 51 points been addressed. Mr. Creekman responded that he believed the 5 1 points have been addressed and that the staff report has been available to the public since the 8'h. Mr. Creekman then questioned Mr. Young as to when he requested information and what information he requested. Mr. Young replied that he requested a copy of the supporting information for the agenda and that he made the request at noon on Friday the 8" of June and he received it about 3 o'clock on the 8fi of June. Mr. Young said this is why he has asked for any additional supporting information that has been made a available to the council.

Mayor Martini asked Mr. Young if he had received [the response to] the 51 points. Mr. Young maintained that it was not part of the packet of information he received. Mr. Creekman asked Mr. Young what he received at 3:00 p.m. on the 8". Mr. Young responded he received about 200 pages of the agenda supporting material. Mayor Martini noted that the Council had not received anything but the agenda supporting material. Mr. Young responded that the Council received a CD or DVD with that same information and that he was supposed to receive that. Mayor Martini then asked Mr. Young, again, what he received on the 8th. Mr. Young responded he received the entire agenda packet. Mayor Martini then asked Mr. Young what he was missing that the Council has gotten that he didn't receive. Mr. Young responded that there is a set of minutes for the special meeting of June 4th, which the Council had already approved [previously at this meeting]; the appeal; and Tim Thompson's response to the appeal.

Mayor Martini then asked Mr. Creekrnan if the City was in compliance. Mr. Creekman stated that he believe we were. He

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said he has learned that the information made it to the City Manager and was conveyed to the City Council on Thursday of last week and as far as he knew, Mr. Young was given the same information that the Council had received. After further discussion Mr. Young and Mr. Wittock both maintained that they had not received all the information that the Council received and Mr. Creekrnan maintained that from what he had been told, we did supply a copy to Mr. Young and that he believed we were in compliance.

Tom Lean, Chairman of the Sparks Planning Commission, outlined the findings that the Planning Commission made at their May 1 lth meeting regarding this project and noted that the vote was unanimous for approval.

Richard Daly, 2180 4th Street, noted that he been following the Olympia Gaming and the RED Development for some period of time, and that there is not anybody living in the Marina now who didn't know what was going on, what was going to be developed, and what had been planned for years. He said he believed that the findings have been made and mitigations, to the extent possible, have been done and that the Council has enough evidence to override this appeal and carry on with this project.

Shrley Bertschinger, 832 Olancha Court, noted that while she was vehemently opposed the casino on the Pyramid Highway because of its location and the impact it would have on neighborhoods, this casino that is planned at the Marina is in the right place.

Bruce Breslow, 4755 Chipwood, stated that he is a member of the Planning Commission and a former Mayor of Sparks. He reviewed the history of this property and noted that one of the goals the City has had for this property has been economic development. He said this is the largest single project at one time ever brought to the City of Sparks. To say that nobody knows about this project when it was heard twice by the Planning Commission, twice by the City Council and had every kind of public venue that you can imagine is irresponsible. He noted that this casino was planned before any homes were planned; this is what this has been planned by the citizens and by the elected officials for more than 30 years and he urged your approval.

There being no further comment, the public hearing was closed and Mayor Martini returned the floor back to the Council for action.

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:he Regular Meeting of the Sparks City Council for June 11,2007

Mr. Thompson said there were a couple of points that I wanted to discuss just to get on them record. He said Mr. Young's comment was he's not opposed to this project; however, he's opposed to the location of this casino and if it were moved a greater distance away, he wouldn't have an issue with it. Mr. Thompson pointed to the Marina Area Plan, which has designated this as a high-profile site. He said the Marina Area Plan discusses that high profile sites should have buildings that stick out above the others and this was anticipated for this development. Mr. Thompson said that that Mr. Dahl's development is also a high-profile site and that this development is not a standard single-family subdivision; it is part of a greater plan, the Marina Area Plan, and these uses can co- exist. He said the City is simply following the plan, as shown.

Mr. Thompson also discussed the location of casinos outside the downtown area, stating that the downtown core, as well as the 1-80 corridor, have always been designed as appropriate locations for Tourist Commercial land uses, which is the only zoning district that allows hotel/casinos. He emphasized that the proposed beach is private property and it's always been private property; however, the City has an easement in order to maintain the continuous path around the Marina, and that path will continue to exist as this development does unfold. Mr. Thompson displayed a map of the proposed project that we have access off of Sparks Boulevard and Lincoln Way, right down to the emergency boat ramp that Mr. Wittock had referred to and clarified that an emergency vehicle will not have to access the boat ramp through the pedestrian pathway. Mr. Thompson noted that you won't have to walk through the casino to continue on the path around the marina and he said that this has been very well established and discussed throughout the numerous public hearings that we've had.

Council Member Smith commented that this project has been a long time coming and the project itself is fantastic. He said he felt the people of Sparks want this project; it is a destination area that puts Sparks on the map and he supported this project.

Council Member Mayer commented that he would much rather have this development than the asphaltlcement batch plant that had been proposed for this property many years ago, before it was a parkfmarina. He also said that he felt confident that if Mr. Young received a copy of the packet on Friday then he received the same packet that the Council received. He thanked the staff for their very complete responses to Mr. Young's 50 plus points.

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Mayor Martini said that he has seen quite a few changes on this property in his lifetime of living in Sparks and he watched the Helms pit get bigger and bigger. He said when Mayor Breslow and the rest of the Council, at that time, received a $12M settlement, I finally saw the light at the end of the tunnel. Mayor Martini said this is a great project and it was gratifying to him that Olympia Gaming would come to the City of Sparks and build the first brand-new casinohotel [in the SparksIReno area] since 1995. He said to him, this speaks volumes about the work that previous Councils have done and to what this Council has done to encourage a company like Olympia Gaming to invest $500M or more on a casino project in Sparks.

After some clarification on the suggested wording a motion was made as follows:

A motion was made by Council Member Mayer, seconded by Council Member Smith, to affirm the Planning Commission's decision to approve the Special Use Permit associated with PCN07013, to allow non-restricted gaming and to allow for more than 150 hotel rooms (1,000 - room hotel casino resort), adopting Findings S1 through S6 and the facts supporting these Findings as set forth in this staff report, subject to the Conditions of Approval 1 through 26 as listed in this staff report, and adopting staffs suggested responses, which are supported by substantial evidence. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.


10. - Adj ournrnent


Mayor

>>> City Clerk

SPECIAL MEETING OF THE SPARKS CITY COUNCIL June 4,2007 3:00 p.m.



2. - Roll Call

Time: 3:09:07 p.m. Mayor Geno Martini, Acting City Clerk David Fitzpatrick, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, Assistant City Manager Randy Mellinger, Acting City Attorney David Creekman, PRESENT. City Manager Shaun Carey, City Attorney Chet Adams, ABSENT.

Staff Present: Community Development Director Neil Krutz, Deputy Community Development Director John Martini, Fire Marshal Bob King, Customer Service Coordinator Karen Todd, Current Planning Manager Karen Melby, Senior Planner Tim Thompson, Administrative Secretary Daniel Hopper

Pledge of Allegiance Time: 3:09:24 p.m. The Pledge of Allegiance was led by Council Member John

I Mayer.

I 3. - Time: 3:09:54 p.m. Comments from the Acting City Attorney David Creekrnan explained that today's City Public Council proceeding was being conducted at the request of a

number of City Council Members to review the Planning Commission's action with respect to this Special Use Permit (SUP). He said this Special Use Permit is what is generally referred to as a stand-alone Special Use Permit, which is subject only to Planning Commission approval, unlike other Special Use Permits which are accompanied by a Master Plan Amendment and/or a Zoning change, which automatically then comes before the City Council. Most Special Use Permits only come before the City Council when the City Council specifically requests the opportunity to review the action of the Planning Commission. He said this Special Use Permit also could come before the City Council as a result of an appeal of the Planning Commission's action and three appeals were filed last Friday. He stated that today the Council is listening to the presentation from the applicant and from the staff and they will be taking public comments as they do during the course of all of their meetings. Then, next week the Council will be conducting a public hearing during which or after which they will consider the points raised by

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the Special Meeting of the Sparks City Council for June 4, 2007

the appellants with respect to this Special Use Permit. He emphasized that today is simply a review under Sparks Municipal Code 20.07.030C of the Planning Commission's action.

Ms. Shirley Bertschinger, 832 Olancha Court, spoke in support of the project, stating it was in the right location, unlike the Lazy 8 Casino proposal.

Mr. Don Young, 11 85 Harbour Cove Court, spoke in opposition to the casino, stating the residents, in general, are not opposed to the Legends Development at the Marina, but they want to uphold the standards of the Master Plan. He claimed that the Council was in violation of SMC 20.07.030 (b) by scheduling this review prior to his filing an appeal and cautioned them to take no action with regard to this item at this meeting today or they could find themselves defending another $1 million law suit.

Council Member Schrnitt commented that this project is something we have worked on for the past four years to get built in Sparks and it was unfortunate that is was starting on such a negative note; the threat of a law suit because something wasn't done properly. City Attorney Creekman stated that with regard to the "threat" in Mr. Young's public comment, his statement that the matter be considered on a de novo basis - anew, in other words - applies not to today's proceedings, but to next Monday's proceedings. Mr. Creekman said the appeal hearing next Monday does not obligate the attendance of the applicant; however, it will obligate the staffs presentation anew. He stated his opinion is that the speaker was correct in referencing the City Council's standard of review, but was incorrect in leading the City Council to believe that that standard of review applies to today's proceedings.

Council Member Smith asked for clarification on whether or not they would have to listen to a presentation today and again next Monday. Attorney Creekman said they would not have to hear the applicant's presentation again, but they would be required to listen to the staffs presentation as if you were hearing it for the first time next Monday. He said he believed the presentation next Monday would be slightly different fiom what will be presented today. Mr. Creekman also commented on his personal feelings of sadness that this appeal developed the way it did; however, he noted, all these requirements are spelled out in a 27-year-old section of the Sparks Municipal Code, which sets forth this review and right-of-appeal procedure, and t h s situation is one that really does bring to the light the fact that this section of the code needs to be looked at and revamped at some point in the future.

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Minutes of the Special Meeting of the Sparks City Council for June 4,2007 I

4. Time: 3:22:39 p.m. Public Hearing to Review An agenda item from Senior Planner Tim Thompson PCN070 1 3, Olympia recommending the City Council conduct a public hearing and Gaming, Approved by the approve PCN07013, a request from Olympia Gaming, LLC, for a Planning Commission on project of Regional Significance and a Special Use Permit to allow May 1 1,2007 for non-restricted gaming and to allow for a hotel with more than

150 hotel rooms (1,000 room hotel/Casino resort) on a portion (approximately 14 acres) of a site approximately 148 acres in size in the NUD (New Urban District - Legends at Sparks Marina) zoning district generally located west of Sparks Boulevard north of Interstate 80 and east of the Sparks Marina Park.

Senior Planner Tim Thompson stated that staff would not be reviewing the appeals today; however, they would be asking the Council to make a motion to continue the public hearing and the appeals to next Monday's regularly-scheduled meeting. He said staff will essentially go over the project, but he will try to be brief and let the applicant show the Council some of the simulations they have and the architecture and site plans and some of the things that they've done with this project. He said that under the review statute, the Council did not have the ability to modify or change the Planning Commission's action.

Mr. Thompson then reviewed the project, stating that on May 11, the Planning Commission did take action on this item, a Special Use Permit request to allow non-restricted gaming and hotels more than 150 rooms. Essentially this is a 1000-room hotel/casino/resort located at the Marina within the Legends at Sparks Marina Planned Development. He noted the project site is located northeast of the Marina shore, and a portion of the Marina is actually privately held and the applicant is proposing a private beach on that privately held property. He noted that on the map, everything in blue is the Legends project and the red and green is the Olympia hotel/casino portion; red being Phase I, and green being Phase 11. Phase I will consist of the majority of the gaming floor, several restaurants, the pool, 500 rooms and one parking structure. Phase I1 would consist of a second parking structure, 500 additional rooms, some additional gaming floor, and back-of- house area. He stated that late last year the Council approved the Legends at Sparks Marina Planned Development handbook and that handbook governs this entire 148-acre development. He noted that the property is located within the Marina Area Plan, the Sparks Redevelopment Area Plan 11, as well as the Transit Oriented Development corridor area plan and each of those plans was looked at in-depth in the creation of the Planned Development handbook. He stated that staff took all of the more strict standards out of all three plans and incorporated them into this planned

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the Special Meeting of the Sparks City Council for June 4,2007

development. He said that in essence, they were really implementing the Marina Area Plan, which has always called for this type of development since that plan was created in 1997 and that this property has been master planned and zoned Tourist Commercial since the early 1980s. Mr. Thompson stated that the Marina Area Plan also states that the most intense development would occur along the eastern shore of the Marina and it was identified as a high-profile site, which anticipated taller buildings that would stand out above all the rest and this project will have a structure that will stand out.

Mr. Thompson stated that associated with this project there were some impacts and probably the biggest impact would be the shadowing impact of the hotel tower on the adjacent residential neighborhood. He said that the applicant was required to do a shadow study and he discussed the results of the study, noting that as it gets closer to the winter solstice, the impacts get greater, and as it gets away, toward the summer solstice, the impacts are less.

He pointed out that the existing residential neighborhood within the Marina Area Plan was also identified as a high-profile site and the developer could have constructed a taller building there, but obviously chose not to and chose to construct the single-family homes that are there now.

Mr. Thompson stated some other issues were buffering and the distance of the building from the adjacent residential. He said the handbook states that there is a 75-foot setback between the casino structure and any residential structure on the adjacent property; however, it is important to note that under the Tourist Commercial zoning district (which the planned development handbook is modeled after) doesn't have a setback requirement, so the applicant could have built right up to the property line. He said the handbook also has some extensive diagrams and language which discusses buffering between the two uses; including a 15-foot- wide landscape buffer and a wall of landscaping to help buffer the two uses. Mr. Thompson noted that at the Planning Commission hearing, the applicant discussed how they have routed trucks so they come into the loading dock area, and then pull out and get right back onto the main street. So, instead of having trucks go by the same location twice, the applicant has structured the route specifically to help reduce the truck traffic in the neighborhood.

Mr. Thompson discussed another issue - the walking path around the marina. He said that staff has taken great care in maintaining the continuity of the path and discussed a map showing how the path goes from 10 feet wide in front of the Dahl development to

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. -


about 28 feet wide by the casino. He noted that the path will also serve as emergency access between the Marina lake and the hotellcasino building and there are no main entrances to the casino off the path and no direct access to the casino from the pedestrian path. Mr. Thompson stated there was also a concern about how folks would access the private beach and whether they would be crossing the path and causing a conflict with through pedestrian traffic. He said the developer will construct a tower and bridge, to be located on the west side of the path and to extend across to the main hotellcasino structure. It will be accessible from the pool deck, so anyone who would want to access the private beach would actually come down to the pool deck and go out over the bridge and down the elevator or stairs onto the private beach. Staff has limited the amount of noise and activities allowed; like parking lot sweeping and snow removal and we have also restricted delivery hours in the handbook, as well as construction hours.

Mr. Thompson noted that the applicant is also proposing an amphitheater in their portion of the marina, again, which is privately held. The amphitheater will have a water and light show feature and the Special Use Permit does restrict that use. On weeknights, amphitheater use must cease at 10 p.m., and on weekends, Friday and Saturday nights, they are allowed to go until midnight. He emphasized that any lighting associated with the amphitheater will have to have fixtures to help minimize and reduce glare.

Mr. Thompson stated that this is a project of regional significance, so it will have to go before the Regional Planning Commission and after conducting the public hearing on May 1 1, the Planning Commission did unanimously approve this application.

Mr. Mike Railey with Jeff Codega Planning and Design, representing Olympia Gaming introduced several members of the Olympia Gaming executive team including, Peter Wilday, the project architect, and John Griffin, legal counsel for the project. He then gave an overview of Olympia Gaming and the Olympia group - who they are and what they do.

Mr. Peter Wilday then gave an electronic fly-by presentation to the Council which discussed the various amenities and phases of the project. He stated they've done everything they could possibly think of to mitigate their impact to the surrounding residential areas. He also presented a shadow study that showed the projected shadowing caused by their proposed building during different times of the year.

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'the Special Meeting of the Sparks City Council for June 4,2007

Council Member Mayer asked what type of glass they would use on the proposed casino building. Mr. Wilday responded that it was similar to that used in the Red Rock or the Wynn Resort in Las Vegas - a dark rosy-brown color which will be used on every other floor.

Council Member Carrigan asked when they did the shadowing study did they take into account what time the sun comes up over the mountain? Mr. Wilday responded that when he was doing the shadow study he went out to the site early in the morning and by about 8:00 or 8:15, the sun was just barely peeking over the mountains. He said he stayed out at the site maybe three or four different days until about 9 o'clock, before the sun actually got up and got above those low clouds that sit on that mountain range during the winter. He noted this was around December 21'' when the study was done.

Mr. Railey stated that they have been working closely with staff for nearly 11 months now on this project and some of the changes they have made in response to concerns included: the orientation of the building; design of the pedestrian path; and maintaining the public use of the trail around the Marina. He said they have also held two neighborhood meetings during this process, with specific changes resulting from those meetings to include: the 50 percent reduction in delivery traffic, as well as the increased buffer

I between the project and adjacent residential.

I

Mr. Railey then discussed the Marina Area Plan, stating the site has been zoned for Tourist Commercial for nearly 27 years now, so it's been long envisioned for hotellcasino-type use. He said the economic impact that this project will create included an anticipated 1,300 employees with Phase I (excluding any construction jobs that would be part of the overall construction project); and, over a 20-year period, it would account for $8.8M in room tax revenue; $6.7M in gaming license fees to the City of Sparks; $1.6M in business license fees; and $418K in sales tax. He pointed out that these figures were based on just Phase I and 500 rooms. Mr. Railey then introduced Mr. Gary Goett, Chairman & CEO of Olympia Gaming.

Mr. Goett stated they have significant land holdings and real estate projects throughout Nevada and they were very excited to be doing this project in Sparks. He said it has a wonderful mix of restaurants, entertainment and gaming and they think it can be one of the great mixed-use projects, not only in Sparks and Reno area, but also in all of Nevada. He said they hope to be breaking ground

Page 6 of 9 i


on the project by the end of the year, with completion toward the end of '09 or in the early part of 201 0.


Mr. Philip Zive, 1485 Serendipity Court, voiced his approval for the project.

Mr. Tim Maland, 101 32 Indian Rridge Drive, Director of Tourism for the Nevada State Commission on Tourism, said the new Legends resort would be a welcome addition to the Northern Nevada tourism industry.

Mr. Brian Kulpin, 2001 E. Plumb Lane, Director of Marketing and Public Relations for the Reno-Lake Tahoe Airport Authority, spoke in support of the Legends proposal.

Mr. William Brainard 7326 La Costa, said it is a great project and I hope you go through with it.

Knud Svendsen, RSCVA, 4001 S. Virginia Street, Vice President of Sales and Marketing for the Reno-Sparks Convention and Visitors Authority (RSCVA), expressed support, on behalf of the RSCVA, for the Special Use Permit that would allow the Legends casino to be built.

Mr. Don Young, 1185 Harbour Cove Court, said if the Council had considered his appeal that was filed on April 25, this would all be over and done with. He claimed the City was violating the Marina Area Plan and that we were violating the developer's written commitment to protect sunlight, ventilation, and public views and also violating the required findings of the NUD zoning for sunlight and solar access to existing uses. He said we were violating the required finding of the PDH for light and view protection, and approval of this Special Use Permit will invalidate all of those required findings. He said those findings are the findings of fact required by law and since the Council could amend the Special Use Permit, I was asking them to deny it or to take no action. He also said he didn't believe the Council could defer the appeal for only one week because the City's (20-year- old) code requires a public hearing and public notice must be made in accordance with the state law; therefore he thought we were looking at two weeks.


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'the Special Meeting of the Sparks City Council for June 4,2007

Council Member Schrnitt said Mr. Young brought up a couple of items, stating that we are in violation of solar and several other codes. He asked who the governing body is that determines whether we are in violation and who approves those items? City Attorney Creekman responded that at this level, the City Council is the final arbiter and if there remains a dispute, then it would be resolvable by the judiciary.

Council Member Schrnitt commented that he wanted to make sure our procedure here today is not to postpone, but to continue this meeting to Monday, June 1 lth and that the continuance would be in compliance with all meeting notice laws. He said he wanted to make it clear that we have noticed this meeting properly and because we are going to continue this meeting, we are not in violation and do not have to re-notice anybody because we are continuing this meeting. Mr. Creekrnan said that with one small exception, Mr. Schrnitt was correct: The open meeting law will require a notice of the inclusion of the appeal portion of this item for next Monday's meeting, which was being given anyway on next Monday" regular City Council meeting agenda. That notice is being prepared by the Clerk's office and they post those agendas by 9 o'clock in the morning of the Wednesday preceding the following Monday's meeting. He asked that the Council not take any action with respect to their review today, and, having completed their review, and that they simply continue the public hearing portion of this meeting to the appeal portion of Monday's upcoming City Council meeting.

Council Member Mayer commented on what a great project this is going to be; Olympia Gaming should be commended for having mitigated all the concerns regarding this project. He said he has had numerous e-mails and phone calls in support of this project.

Council Member Salerno complimented the presenters, stating they did a fine job of presenting the project to the Council and that they always have the luxury of having a presentation be so thorough.

Mayor thanked Olympic Gaming for having some confidence in Sparks and said he is very pleased that it is coming to the City of Sparks.

Council Member Schrnitt said that contrary to some of the misconceptions out there, the applicant had public meetings, neighborhood meetings and they did everything that they possibly could to take care of the concerns expressed regarding the project.

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A motion was made by Council Member Schmitt, seconded by Council Member Smith, to continue this public hearing, to next Monday's regularly-scheduled meeting. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion Carried.

5. Time: 4:14:42 p.m. Comments from the None. Council and City Manager

6. Adjournment

Time: 4: 14:48 p.m. There being no further business, the meeting was adjourned at 4: 14 p.m.

Mayor

City Clerk

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REGULAR MEETING OF THE SPARKS CITY COUNCIL May 29,2007 3:00 p.m.



2. - Roll Call

Time: 3:00:3 1 p.m. Mayor Geno Martini, Acting City Clerk David Fitzpatrick, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schrnitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT.

Staff Present: Kathy Clewett, Marc DeLaTorre, Tracy Domingues, Steve Driscoll, Joyce Farley, Bill Finley, Adam Mayberry, Tom Minton, Robin Pagni, Chris Syverson and Carrie Brooks.

Invocation and Pledge of Time: 3:00:45 p.m. Allegiance The invocation was given by Pastor Pete Vossler, Crosswinds

Assembly of God Church and the Pledge of Allegiance was led by Council Member Mike Carrigan.

Comments from the Time: 3:01:52 p.m. Public Shirley Bertschinger spoke regarding the comments made by the

City Attorney during the Special Meeting of the Sparks City Council on May 2 1,2007.

Pastor Tom Butler and Mr. Dennis Wilson of Sparks United Methodist Church expressed their concern regarding zoning language that was being reconsidered which would not allow them to operate a Farmer's Market in their church parking lot. They asked that they be allowed to participate in discussions regarding any change of the City codes that would affect their ability to continue to operate the market on Tuesday mornings.


Items 6.5 and 6.9 were withdrawn from the agenda. City Manager Carey noted that the Recreation Department will be re-submitting

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Minutes of the Regular Meeting of the Sparks City Council for May 29,2007

their request with additional donations. He also noted that while we are continuing to make steady progress on the baseball issue, it is not ready for discussion at this time.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 3:12:24 p.m.* Approval of the Minutes A motion was made by Council Member Mayer, seconded by

Council Member Schmitt, to approve the Minutes of the Regular Meeting of May 14, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time 3: 14:33 p.m. * A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to approve the Minutes of the Special Meeting of May 15, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

This item was heard out of order. It was initially skipped over and then the first vote was only for the May 1 4 ' ~ meeting and a second vote was taken for the May 1 5th meeting.


5. Consent Items: Time: 3:09:34 p.m. A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Consent Items 5.1, through 5.5. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

5.1 An agenda item from Finance Director Terri Thomas Report of Claims and recommending approval of the Report of Claims and Bills Bills and Appropriation approved for payment and the Appropriation Transfers made since Transfers the last regular Council Meeting for the period covering April 19,

2007 through May 9,2007.

5.2 - An agenda item from Public Works Director Wayne Seidel Bid Award for the recommending the City Council award to 2-7 Development the Maldonado Park Vista's bid (No. 06107-050) for the Maldonado Park Vista's Swale Project Swale Project in the amount of $238,688. During 2005 the Vistas subdivisions

experienced flash flooding, and during these events areas of

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5.3 Reimbursement Agreement with TEC Equipment to Relocate the Domestic Water Line to TMWRF

personal property were damaged, due to failed drainage ways of the Vista Home Owner's association and public waters. The Council approved a Flood Mitigation Drainage Analysis, Feasibility Study and Design for proposed improvements to PBS&J in October of 2006. This proposal proposed upgrades to the drainage swales located below Maldonado Park. The project has been broken up into three phases and this bid contains Phase 1 as the base bid and Phase 2 as the alternate. Phase 3 is slated to be designed and constructed with a future CIP, if necessary. Staff is recommending that the base bid and alternate be awarded to 2-7 Development, as outlined.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve a Reimbursement Agreement with TEC Equipment, Inc., in the amount of $47,522 to relocate the domestic water line to the Truckee Meadows Water Reclamation Facility (TMWRF) around the developer's property. Domestic water service to TMWRF is provided from a domestic service line beginning on Greg Street. The line is currently located within the TEC Equipment, Inc. property with no easement. The developer is willing to relocate the line into a suitable easement and the City will reimburse the developer for the costs of relocating the line.

5.4 - An agenda item from Public Works Director Wayne Seidel Interlocal Cooperative recommending the City Council approve an interlocal Cooperative Agreement for Agreement with the Regional Transportation Commission of Reimbursement to RTC Washoe County (RTC) for reimbursement to the RTC in the for an Additional 1.7 amount not to exceed $224,249.00 for the 2007 Preventive Million Square Feet of Maintenance, Slurry Seal Program. The RTC is undertaking a Slurry Seal preventative maintenance program which includes deep patching,

slurry sealing and striping. The City of Sparks has requested, per Exhibit A of this agreement, to do an additional 1.7 million square feet of Type I1 Slurry Seal on our residential streets as part of their project. Funds are available and will be tracked using CIP 7000 for this project.

5.5 An agenda item from Finance Director Tom Minton Amendment to the recommending the City Council approve an amendment to the Financial Advisor Professional Services Agreement with Fieldman Rolapp & Professional Services Associates in the amount of $125,000 to continue providing Agreement (A-3379) with services as the financial advisor to the City of Sparks and the Fieldman Rolapp and Redevelopment Agency 2 for the RED Development, Legends at

Sparks Marina Project. The original agreement was approved in

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June of 2006 in the amount of $1 10,000 (A-3379). However, the project has required more extensive time that originally anticipated and the previous contract amount has been exhausted. The City will be reimbursed for this cost from bond proceeds when bonds are issued.


6.1 Time: 3: 10: 16 p.m. Appointments to the An agenda item from City Manager Shaun Carey requesting the Advisory Committee for City Council confirm the Mayor's reappointment of Laura the Disabled Sheldon-Casson and Dennis Thorman to the advisory Committee

for the Disabled. Both terms expired in April of 2007 and both Laura and Dennis are eligible and willing to serve another two- year term on this committee.

Mayor Martini apologized to the Council Members, stating he did not have an opportunity to brief the Council on these appointments like he usually does. Ms. Casson was present to accept the appointment and noted that Mr. Thorman was in the hospital having the lower portion of a leg removed. She said Mr. Thorman hopes to be back and working on the committee within two months.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to reappointment of Laura Sheldon- Casson and Dennis Thorman to the advisory Committee for the Disabled. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.2 Time: 3: 1254 p.m. Appointments to the An agenda item from City Manager Shaun Carey requesting the RenoITahoe Airport City Council confirm the Mayor's reappointment of Joe Mayer to Authority Board of the RenoITahoe Airport Authority Board of Trustees. Joe has Trustees served one four year term and is eligible and willing to serve a

second four year term.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to appoint Joe Mayer to the RenoITahoe Airport Authority Board of Trustees. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.


6.3 Time: 3: 15:24 p.m. Local Legislative Affairs Assistant City Manager Steve Driscoll provided a review of Issues legislative issues outlined in the staff report provided by

Government Affairs Manager Rob Joiner and City Lobbyist Rocky Finseth, who were both still at the Legislature working on last- minute actions to be taken by the Legislators in the waning days of this year's legislative session. Mr. Driscoll noted that the rules have been suspended and Friday was the deadline for bills coming out of the second house and Legislators are having concurrence and conference meetings and trying to bring the session to closure.

AB-439 - Affordable Housing. The penalties have been removed; there are 12 criteria instead of 4 that must be met; and if there are deficiencies, an entity has a couple of years to remedy the situation before there would be limits or controls on affordable housing funds.

SBlOl - Sparks Charter Bill. This is on its way to the Governor for signature. There was an amendment that mandated a public hearing before the Council could engage outside legal counsel.

AB14 - Graffiti Bill. Our bill was incorporated into this one, along with several other graffiti bills. It is currently in conference on the latest amendment, which was trying to come up with a dollar value for certain levels of crime. This will allow us to change or ordinances to strengthen what we are already doing to combat graffiti.

AGR3 - Eminent Domain. A compromise bill on top of the constitutional amendment that was in front of the voters. This has worked it way through the Senate and in the Assembly. It is not expected to be a problem and it has been exempted from the deadline.

AB102 - Eminent Domain. Has been enrolled and it on its way to the Governor for signature.

AB513 - Annexation. This will allow for non-contiguous development by providing for the formation of one 2,000+ acre General Improvement District (GID) inside the City of Sparks' sphere of influence and one for Reno, over 5,000. It is currently back in the Assembly for concurrence and there is still some discussion as to whether or not there will be an ability to expand the GID once it is in place.

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the Regular Meeting of the Sparks City Council for May 29, 2007

SB240 - Appropriation of $1 million for the Larry Johnson • Community Center. This was heard; however, there has been no action on the funding request bills. It is exempt from the deadlines so it is waiting for the final budget discussions.

SB203 - Funding for the Rock Park Water Park and for the car rental tax money related to the potential Base Ball Stadium. It was concurred today and is on its way to the Governor for signature.

SB374 - Tax Increment Bill. This will provide that if we start under the 100,000 population cap for a 15% tax increment financing; we can continue with 15%, even if our population goes over 100,000 people.

Council Member Schmitt asked about the bill that provides that the City would have a say so in the tax assessments. Mr. Driscoll said this was in a bill where we could question assessments and re- evaluations; however this amendment was not included in the final bill. But it is "on the record" and we were told this gives us standing so that we can ask questions, so if the amendment does not show up by the end of the session, the testimony in the record gives us new standing and they would not be able to preclude us from asking questions. It was noted that this bill came out of the ACR 10 Interim Study on Housing and it was based on testimony from our staff and Financial Administrator at the time; but it was not a Sparks bill.

AB526 (Video) and AB5 18 (Telecommunications) Franchise Bills. Both concurred and on their way for signature. The only concern that we had with the amendment that came through is that there was one amendment that may eliminate our ability to charge street cut fees using the methods we use today; which is based on the useful life of the street. The language of the bill states that we can only charge a fee as it relates to the actual administration of processing that right-of-way management.

SB544 - Public Employee Retirement Benefits. This bill has been bounced around and it is still under discussion. It limits retirees who do not use PEB as their medical premium company from retiring into the medical benefits. The first amendment moves the deadline from July to October of 2008 to allow small rural school districts to either join or make other arrangements. He said this

Page 6 of 12


could be a problem because there is an unfunded mandate through the PEB system that if you retire as an employee, then the agency that you retire from pays a medical subsidy toward the total cost; however, this would go away if employees are no longer eligible for PEB.

SB487 - Water Bill. This was a result of the SCR26 Interim Committee. This bill has changed significantly from the original form and is working its way through. TMWA is very on top of this issue.

Tort Reform - raised from $50,000 to $1 00,000 with no cap on the number of incidences. But the trial lawyers have been hearing that this bill might go away, so they have managed to put similar language as an amendment on AB483, which is a bill popular with leadership and the governor - so they could sneak it in the back door on this bill.

There were hearings this afternoon on interim studies. Last week there was discussion on SCR42 which was designed to take a wholesale look at the entire taxation system of the State and whether it was working and if not, what we could do. We had asked to include specifically Washoe County and the C-tax. Even though we presented it as a Washoe County bill, there was conversation from the South that it needed to look at all tax, statewide. In addition another study was brought up to take a look at growth and how growth interacts with our taxation system. These two issues look like they might be merged together into the same study, in which case it has a much better chance of becoming a study.

EDAWN funding has suffered. The $10 million set-aside had been basically killed and the Senate has brought language back in that will bring some, but not all of that $10 million back.

SB490 - had amended language fi-om the Senate that would eliminate all bill draft requests from anyone except Legislators. Which means Sparks would lose our one bill draft; however, it would also affect our ability to use the Nevada League of Cities to help us carry our bills. Council Member Schmitt said this would set the tax payers up against the lobbyists and put us in competition with non-governmental interests.

Page 7 of 12


Council Member Mayer asked if the bill for impact fees to build fire stations has passed. Mr. Driscoll said he had no information on this.

AB621 - Green Bill. He received a 15 point memo, which he will put in the Council's mail boxes, which highlights what is in the bill and some of the effects.

SB574 - Transportation - a copy was faxed to us just before the meeting and he has not had a chance to review it. As it was originally discussed in committee, they are trying to find a potential $2 billion in road money that they could be using and paying back from now until 201 5. We don't know what revenues they are talking about; whether it is new revenues or redistribution of current revenues, and we also don't know, as it relates to north and south, what restrictions or limitations there would be.

6.4 Time: 3:45:29 p.m. Acceptance of a $15,000 An agenda item from Parks and Recreation Director Stan Sherer Sponsorship from requesting the City Council review and accept a $15,000 Washoe County for Star sponsorship from Washoe County for the Star Spangled Sparks Spangled Sparks Celebration on Victorian Square on July 4,2007.

Recreation Superintendent Tracy Domingues noted that this sponsorship will help produce the Star Spangled Sparks event and this is our opportunity to thank Washoe County for their partnership in this very popular event.

I A motion was made by Council Member Mayer, seconded by Council Member Carrigan, to accept a $1 5,000 sponsorship from Washoe County for the Star Spangled Sparks Celebration on Victorian Square on July 4, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.5 - Time: 3:46:50 p.m. Acceptance of $7,500 in This item was withdrawn from the agenda. Sponsorships for the 2207 Arts in Bloom Event

6.6 - Time: 3:46:50 p.m. Resolution No. 3060, An agenda item from Police Chief John Dotson requesting the City Acceptance of a Donation Council accept the donation of $2,458.5 1 from the Northern from the Northern Nevada DUI Task Force to cover police costs associated with

Page 8 of 12

i I


Nevada DUI Task Force

6.7 - Resolution No. 306 1, Directing the County Treasurer to Give Notice of the Sale of Properties Subject to the Lien of a Delinquent Assessment

conducting pro-active traffic enforcement to identify drivers operating vehicles while impaired by the use of alcohol andlor controlled substances.

Deputy Police Chief Robin Pagni explained that in 2006, during the Farmer's Market on Thursday evenings in downtown Victorian Square, the Sparks Police Department, in a combined effort with the Washoe County Sheriffs Department, conducted traffic enforcement measurements primarily focused on DUIYs. They made a significant impact during that time frame, making 15 separate DUI arrests. Manpower costs for the Police Department portion of that effort were paid out of the Department's overtime budget. And, as we have done many times in the past, we submitted a request from the Northern Nevada DUI Task Force. They received our request and granted a donation in the amount of $2,458.5 1 to cover our overtime during that 2006 event. He noted that with the Council's approval, the Police Department's overtime budget will be reimbursed for these costs.

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to approve Resolution No. 3060. Council Members Mayer, Salerno, Smith, Cwigan, Schmitt, YES. Motion carried.

Time: 3:48:42 p.m. An agenda item from Finance Director Tom Minton requesting the City Council approve Resolution No. 3061, a resolution directing the County Treasurer to give notice of the sale of properties subject to the lien of a delinquent assessment; ratifying all actions previously taken; and providing other matters properly relating thereto.

Mr. Minton said this resolution directs the County Treasurer to collect and enforce the assessments within the Marina Special Assessment District (SAD). He said three properties are delinquent and are subject to sale by the County Treasurer.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Resolution No. 3061. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

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6.8 - Time: 3:50:07 p.m. lS' Reading of Bill No. Acting City Clerk David Fitzpatrick read Bill No. 2544 by title, 2544, prohibiting Persons An ordinkce amending the sparks Municipal Code by prohibiting from Loitering in persons fiom loitering in public areas in Victorian Square before a Victorian Square special event opens and after a special event closes - the ~

prohibition applies 24 hours prior to the opening of the event and from the time of closure of the event until police determine it is safe to allow people to return; clarifying the crime of "Disturbing the Peace" by eliminating ambiguous terms; and providing other matters properly related thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the regular City Council meeting on, June 1 1,2007. Senior Assistant City Attorney Tom Riley noted that he is communicating with the business owners and our Judges to ensure that this new ordinance will work.

6.9 - Time: 3:5 1 : 19 p.m. Agreement with SK This item was withdrawn from the agenda. Baseball and Washoe County Regarding Construction of a Baseball Stadium in Sparks

6.10 Time: 3:51:19p.m. Possible Motion to An agenda item providing for a possible motion to conduct a Conduct Labor Relations closed labor relations proceeding per NRS 288.220. There was no Proceedings motion for a closed session.

6.11 Time: 3 5 2 5 4 p.m. Approval of a Multi-Year An agenda item from City Manager Shaun Carey and Assistant Labor Agreement with City Manager Steve Driscoll requesting the City Council approve the International a multiyear labor agreement between the City of Sparks and the Association of International Association of Firefighters Local No. 1265 for Fiscal Firefighters Local No. Years 2006 through 20 1 0. 1265

Mr. Driscoll noted that the staff report provides a matrix of the major changes in the agreement, particularly those that have a monetary affect. He noted that all the changes have been ratified by the Union and both parties have gone through the tentative agreement process.

Page 10 of 12


A motion was made by Council Member Schrnitt, seconded by Council Member Mayer, to approve a multiyear labor agreement between the City of Sparks and the International Association of Firefighters Local No. 1265, as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


8. Planning, and Zoning Public Hearings and Action Items: NONE

9. - Time: 3:54: 12 p.m. Comments from the Council Member Mayer asked if the Deer Park Pool opened this Council and City weekend, stating he went over there this weekend and it did not Manager appear to be open. City Manager Carey stated he was not sure if it

was open yet, but he was sure the opening was eminent. Council Member Mayer stated it looks beautiful and our staff sure did a wonderful job on the renovation.

Council Member Mayer asked if we were close to the TOD coming to the Council for a vote for other areas of the City. Mr. Carey said yes, he just received an administrative copy of the manual for staff review. He said there would be something on the next Council workshop on this document.

Council Member Mayer also asked if we were going to notice those property owners that would be affected by the new TOD ordinance. Mr. Carey said he would defer this question to the workshop. Council Member Mayer said these are the types of questions he is getting from the public and he didn't know the answers; however, he felt that anyone that lived within the TOD or owned property in the TOD should receive notification. Mr. Carey stated he thought that since the TOD overlay was a change to the zoning of the property, they would be noticed, but he would have to check with Planning Manager Margaret Powell or Senior Assistant City Attorney David Creekman to be sure.

Council Member Salerno asked if it would be possible to set up some type of desk area in the back of the Council Chambers for the press; so they could have someplace to put their computers andlor write in their notebooks. Mr. Carey pointed out that in order to comply with the ADA accessibility issues; that space was reserved for wheelchair access; however, he would check with the Public Works Director to see if some other type of accommodations could be made in the Council Chambers for the

Page 1 1 of 12


press corps.

City Manager Carey announced vacancies for and terms expiring on the following boards and commissions:

Parks and Recreation I Truckee River Fund Advisory Committee Airport Noise Advisory Panel Civil Service Commission Regional Water Planning Commission (Joint appointment between Reno and Sparks, appointee must represent environmental, biological conservation or public concerns)

10. Time: 4:00:20 p.m. Adjournment There being no further business, the meeting was adjourned at

4:00 p.m.

Mayor i I City Clerk

>>>

Page 12 of 12

SPECIAL MEETING OF THE SPARKS CITY COUNCIL May 2 1,2007 3:00 p.m.




Members John Mayer, Phillip Salerno, Ron Smith, Ron Schmitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT. Council Member Mike Carrigan, ABSENT.

Staff Present: Andy Flock, Chris Syverson, Alan Minor, Randy Waterman, Steve Driscoll, Randy Mellinger, Tom Minton, Joyce Farley, Marc DeLaTorre, Rob Joiner, Kathy Clewett, Adam Mayberry, Brent Quilici, Shirle Eiting, Debi Hunt, Stacie Hemmerling, John Dotson, Karen Melby, JoAnn Meacham, Neil Krutz, Tim Randolph, David Fitzpatrick.

Pledge of Allegiance Time: 3:Ol: 13 p.m. The Pledge of Allegiance was led by Council Member Schmitt.

Comments from the Time: 3:01:42 p.m. Public Shirley Sponsler, P .O Box 2898, Sparks, NV 89432, spoke

regarding her concerns in trying to start smaller farmer's markets in Sparks. She was directed to speak with Assistant City Manager Randy Mellinger.

Council Member Mayer asked Public Information Officer Adam Mayberry to provide an update on his paternity leave. Mr. Mayberry noted that his twin daughters were born on March lSt. Avin and Raven, who were born premature and very small, are now home from the hospital and doing well.


A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.

Page 1 of 19

Minutes of the Special Meeting of the Sparks City Council for May 21,2007

3. Time: 3:07:51 p.m. Approval ofthe Minutes A motion was made by Council Member Smith, seconded by

Council Member Salerno, to approve the Minutes of the Special Meeting of May 7, 2007. Council Members Mayer, Salerno, Smith, Schrnitt, YES. Council Member Carrigan, ABSENT. Motion carried. !

4. Announcements, Presentations and Recognition Items and Items of Special Interest: I I 4.1 Time: 3:11:57 p.m. Commendation to Lenda Mayor Martini read a commendation to retiring Deputy City Clerk Ulrich Lenda Ulrich acknowledging her 22 years of service to the City of

Sparks and wishing her a healthy, happy and rewarding retirement. Mrs. Ulrich accepted the commendation, along with an engraved City Clock and hugs and good wishes from the Council.

4.2 Presentation on the Second Annual Get to Know Your Neighbor Day

4.3 - Presentation on Airport Issues

Time: 3: 14:20 p.m. Volunteer with the Conscious Community Campaign, Mr. Richard Flyer explained the purpose of the campaign and how to get involved. He asked the Mayor and Council to consider holding a neighborhood event at their homes to help with the campaign.

Time: 3:22:58 p.m. Joe Mayer and Larry Harvey introduced two members of the Public Affairs and Marketing Department, who gave a power point presentation regarding how well air service is doing in our area, noting that Reno is the 6oth busiest commercial airport in the U.S.

5. Consent Items: Time: 3:39:19 p.m. Consent Item 5.3 was pulled for discussion and separate motion.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve Consent Items 5.1, 5.2 and 5.4 through 5.10. Council Members Mayer, Salerno, Smith, Schrnitt, YES. Council Member Carrigan, ABSENT. Motion carried.

5.1 - An agenda item from Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Mr. Robert M. Piccinini, Package License for Save 809 Country Club Drive, Modesto, CA 95356, for an Alcoholic Mart Supermarkets, 565 Beverage Package License for Save Mart Supermarkets located at East Prater Way 565 East Prater Way. Mr. Piccinini is the CEO for the business

and this will be his first license in Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

Page 2 of 19


5.2 An agenda item from Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Mr. Robert M. Piccinini, Package License for Save 809 Country Club Drive, Modesto, CA 95356, for an Alcoholic Mart Supermarkets, 2 150 Beverage Package License for Save Mart Supermarkets located at Oddie Boulevard 2140 Oddie Boulevard. Mr. Piccinini is the CEO for the business

and this will be his first license in Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 - Time: 3:40: 17 p.m. Dining Room Wine and An agenda item from Police Chief John Dotson recommending the Beer License for Saigon City Council approve an application from Mr. Henry Thoi Huynh, 88,654 N. McCarran 1648 Marinette Court, Reno, for a Dining Room Wine and Beer Boulevard License for Saigon 88, located at 654 Boulevard. Mr. Huynh is

the OwnerIChef of the restaurant and this will be his first liquor license with Sparks. The license will provide a $500.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

Mr. Huynh was invited to come forward and talk about his new restaurant.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve Consent Item 5.3. Council Members Mayer, Salerno, Smith, Schrnitt, YES. Council Member Carrigan, ABSENT. Motion carried.

5.4 - An agenda item fiom Police Chief John Dotson recommending the Cabaret License for J City Council approve an application from Mr. John Mason Taverns, LTD, dba Eastwick, 6850 Sharlands Avenue, #F2032, Reno, for a Cabaret Victorian Saloon, 908 License for J taverns, LTD, doing business as the Victorian Victorian Avenue Saloon, located at 908 Victorian Avenue. Mr. Eastwick recently

purchased the business, along with his partner, and this will be his first license in Sparks. The license will provide a $1,300.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.5 - An agenda item from Supervisor of Plans Examiners Dan Master Professional Kishpaugh recommending the City Council approve Master Services Agreements for Professional Services Agreements with nine selected vendors who Plan Checking Services were chosen from the respondents to RFQ 07108-001. These

a for FY O7Io8

agreements will enable the firms to provide "on-call" plan checking services for the Building Division of the Community

Page 3 of 19

Minutes of the Special Meeting of the Sparks City Council for May 2 I , 2007

Development Department beginning July 1, 2007, through to June 30, 2008, with an option to continue the agreement for an additional year. The nine firms selected by the selection committee are: Bureau Veritas North America; CAPRI Quality Assurance; Harris & Associates; ESGIL Corporation; JAS Pacific, Inc.; C.B.I. Inc.; Willdan; Sunrise Engineering; and P&D Consultants of Nevada, Inc.

5.6 - An agenda item from Public Works Director Wayne Seidel Design Services recommending the City Council approve a design service contract Agreement for Storm with Stantec Consulting (under the master professional services Drain Backflow and agreement #3387) for storm drain backflow and flood reduction Flood Reduction Devices devices on the Truckee River, CIP #7125, in the amount of on the Tmckee River $79,700. This proposal will prove the design, construction

documents and permitting for the replacement of seven flap gates with "duck bill" devices located between McCarran Boulevard and Larkin Circle.

5.7 - An agenda item from Public Works Director Wayne Seidel Additional Scope for the recommending the City Council approve additional scope of work Stanford Way Storm to Summit Engineering Corporation for the Stanford Way Storm Sewer Study and Sewer Study and Mitigation Storm Sewer Design project. The Mitigation Storm Sewer additional scope will broaden the overall area of the project west Design to the Linda Way corridor. When the project scope increased,

public works asked Summit to prepare an amended scope fee for this additional work and felt that the increase to the budget of $90,000 for the additional work was fair.

5.8 An agenda item from Public Works Director Wayne Seidel Bid Award for the Grit recommending the City Council award the bid (No. 06/07-041) to Washer Replacement Resource Development company of Sparks for the Grit Washer Project at TMWRF replacement Project at the Truckee Meadows Water Reclamation

Facility in the amount of $313, 320.00. These units remove rocks, grit and other heavy non-organics from the wastewater prior to the wastewater entering the clarification process. Originally installed in 1989, this equipment has been repaired, reconstructed and augmented but it is now out of date and worn to the point that it does not effectively classify the grit or remove the water effectively.

5.9 - An agenda item from Public Works Director Wayne Seidel Paving Replacement and recommending the City Council award to Gerhardt & Berry Curb, Gutter and Construction Company the bid (No. 06/07-046) for the Paving Sidewalk Project Replacement and Curb, Gutter and Sidewalk Project in the amount

of $972,924.40. This project involves the rehabilitation of several areas of roadway including areas of new curb, gutter and sidewalk.

Page 4 of 19


The areas that have been selected for repair are Trabert Way, Glen Meadow Way, a portion of Street, 1 6 ' ~ Street and Chloris Circle.

5.10 An agenda item from Benefits and Risk Manager Randy Participation Agreement Waterman recommending the City Council approve an agreement for Pharmacy Benefit between the City of Sparks and Nevada Health Partners for Management Services Pharmacy Benefit Management Services with Catalyst Rx, Inc.

Catalyst Rx was chosen by Nevada Health Partners to manage its pharmacy benefit program after an extensive RFP process. Because the City is a member of the Nevada Health Care Coalition, we are eligible to participate in the PBM agreement, which will yield the City substantial pharmacy discounts.


6.1 - Time: 3:42:33 p.m. Local Legislative Affairs Government Affairs Manager Rob Joiner and City Lobbyist Rocky Issues Finseth provided a review of legislative issues outlined in the staff

report and added details as follows:

Last Friday was the deadline for passing bills out of the second house committees.

AB527 - this bill would give us an appeal process and standing for our tax increment from the County Treasurer. It was very successful in the Assembly, but when it got to the Senate there was some new opposition that we did not have in the Assembly - mostly because they did not understand exactly what the bill entailed. There was an amendment to change from the Assessor to the Treasurer; therefore the bill did not get a hearing in the Committee for Senate Government Affairs. However, we did get some positive feedback through some State agencies we have spoken with and also some folks in industries that would be affected positively by this. So, if we don't get the floor amendment onto bill between now and the end of the session, which we probably won't, we will work with the agencies in the interim to do something through the regulatory agency that they are allowed to do within statute. If this is not successful, we can pursue this next session.

Various affordable housing bills - AB439 passed out of the Senate - Council had some concerns regarding penalties and the criteria that would be required to be eligible for funds. Staff met with the sponsor of the bill, who was open to suggestions and the bill was amended to require us to meet six out of 12 criteria, instead of

Page 5 of 19

the Special Meeting of the Sparks City Council for May 2 1,2007

three out of four. He noted that we should have no problem meeting the criteria because most of it is things we already do. He noted that the penalty is now permissive instead of mandatory.

AB462 - amending the process established in the 2005 session regarding appraisals when selling or leasing city property - changed to one appraisal, not two or more and requires a public hearing.

Sparks Charter Bill has passed both houses and needs to go to the floor. This week is the deadline for the second house committee work to be done through their respective houses.

Graffiti is out of both house committees and now goes to conference because of amendments.

I

There were three eminent domain bills: , SB85 - Senator Raggio's bill - this mirrored AB102 in terms of , the changes to the eminent domain laws - this died in the Assembly Judiciary Committee. AB102 - passed both houses and is sitting in Governors office where he has until tomorrow to sign it into law. AGR3 is sitting on the floor of one of the houses for final I

adoption. We expect it to be passed.

Council Member Mayer asked which bill included friendly condemnation for tax purposes. Mr. Joiner responded it was AB102.

Annexation bills: AB 160 - per council direction, we opposed this bill, which would have put onerous criteria on the process for voluntary contiguous annexations - this died in the second house (Senate Government Affairs). AB513 - Washoe County, Reno and Sparks collaboratively supported this amendment to include some criteria for a one time for Reno, one time for Sparks where we can form a GID for annexation. This started as a bill for the City of Mesquite to change the administration of GID boards. Because this was amended in the Senate, it will have to go to conference for Assembly concurrence.

SB203 - moved out of the second floor last week and needs to go for a floor report. There was no opposition or amendments to this and we expect it will go forward this week.

AB526 and AB 5 18 - bills that change our franchising process for teleco and video communications industries. The only change @

Page 6 of 19


was an amendment to add an ombudsman position - each local government would have to have an ombudsman to take complaints and forward them. Local governments, in general, oppose because this would require us to do something we don't even do now with franchise agreements; let alone, when we no longer have franchise agreements (although we will still capture some of the revenues). The amendment was modified to document what we do now and register and log complaints and pass those on.

Parallel issues: FCC Rules - proposing a change on telecommunication and video industry rules. There is opposition being formed by the National Association of Counties, the National League of Cities and other civic groups.

SB544 - public employees benefits program and options available on retirement. As written, it will go into effect as of July 1. Motions have been made to extend the effective date, so that employees can better plan their retirements. Council Member Mayer asked if our employees have been notified about this bill; the response was that no official notice has made to employees, but some of those that are close to retirement have been in contact with his office regarding this bill.

AB120 - amended by billboard industry to vacate rights of way. Industry pulled their amendment because the issue was worked out. The whole issue stemmed fi-om one local government that did not react to the 2005 legislation.

SCR 26 Water bill - language was handed out - this is the assembly government affairs amendment which basically rescinded all 62 sections of the bill as the Senate proposed it to basically the same language that set up the interim committee (basically saying they would rather see this go back to another interim study).

SB66 - tort reform - passed - torts doubled without limits on the causes of action.

SB374 - We worked on an amendment to allow our population, which is approaching 100,000 to be extended if we bond on a 15% rate of total ad valorem so we would be allowed to carry that rate through for the security of our bonds. This did pass both houses but the Assembly has not put out their report yet.

AB253 - This bill was noted to be of importance to RTC - it deals with service areas and impact fees for capital improvement.

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the Special Meeting of the Sparks City Council for May 2 1, 2007

Washoe County RTC and Clark County RTC wanted to see this amended to include the issue of transportation. However that was not successful and went out of Government Affairs with the original language.

SCRlO - concurrent resolution which would ask the Legislative Commission to do an interim study on powers delegated to local government. This resolution was heard April 17' and will be put in for consideration.

AB138 - impact fees for fire and police station projects, expanding the fees for use in administration and other uses. This was successful in passing out of committee and we are hoping it will go through on the Senate floor.

Mayor Martini asked if there had been any talk regarding an interim study on the C-tax issues with the County and the two cities. Mr. Joiner responded that there are several proposals competing for the three interim committee studies in each house and there are already a dozen or more request out there.

Mr. Joiner noted that the Green Buildings bill, which was in the press last week, was an emergency item in both houses and went to the Governor. He has asked for a cooling off period and there is another BDR out that will become a bill in the next few days which would modify those tax abatements and again give incentives for energy conservation. This may have an impact on us and when he learns more, he will get the information to the Council.

Council Member Schmitt asked if this was the only legislation we had in Nevada regarding energy conservation incentives. Mr. Finseth said there are some other bills being pushed by Senator Townsend that have some energy conservation components to them; but until this issue is resolved, the other bills are just sitting. Council Member Schmitt asked for copies of other bills.

Council Member Mayer asked about the bill that would put impact fees in one area instead of several areas. He said he understood this bill was amended to where we could have more than one area, but an entire City could not be one area; it would have to be several areas and include other entities. Mr. Joiner said RTC was working on this and it did not go as he had hoped.

Page 8 of 19


6.2 Oirection to Staff to Initiate a Code Amendment Regarding the Sign Ordinance

6.3 - Interlocal Agreement for Funding Reimbursement from the Regional Water Management Fund

Time: 4: 10: 14 p.m. An agenda item from Associate Planner Heather Manzo requesting the City Council direct staff to initiate a code amendment to Chapter 20.56 to amend language related to the City of Sparks sign code.

Ms. Manzo stated that the criteria as currently adopted limits the permitted location of gateway signage to areas solely within a 500 foot radius of an intersection with 1-80 and gateway streets as listed in the sign code. She said Staff believes the allowable area may be limited and would like to explore extending the permissible sign area to anywhere on a parcel of which a portion of the parcel is within that 500 foot radius, and that also meets the other existing criteria. She said that upon initiation of a code amendment, staff will analyze the existing allowable areas to determine the possible impact of such changes and bring forth a code amendment with a staff report that discusses specific details as to how the change would affect properties along 1-80.

Mayor Martini asked if we do this we don't know yet how many parcels this would affect. Ms. Manzo stated yes, the report would tell the Council how many properties this would affect. She said she believed there are 11 parcels that the proposed amendment would affect, but staff would have to do the analysis first.

Council Member Salerno asked if this was the method we would use to allow the one billboard sign on the west end of Sparks that was covered by the NDOT sound wall to be raised higher. Ms. Manzo said that was correct.

Council Member Mayer said he thought they had already raised the height of the sign. He said he would like to see what affect the ordinance would have on all the properties that could be affected by gateway signs.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to direct staff to initiate a code amendment to the sign code, Chapter 20.56.170 (G) as it relates to gateway signs. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.

Time: 4:15:01 p.m. An agenda item from Public Works Director Wayne Seidel requesting the City Council acceptance of an Interlocal Agreement with Washoe County Regional Water Planning Commission (RWPC) for $464,784 in funding reimbursement from the

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Minutes of the Special Meeting of the Sparks City Council for May 2 1,2007

Regional Water Management Fund to the City of Sparks. The City is responsible for facility planning within its service area and future service areas. The Regional Water Planning Commission is responsible for updating the Regional Water Management Plan. Sparks has undertaken conceptual facility planning with Stantec, and RWPC has committed funding to reimburse Sparks as part of the Plan update.

Utility Manager JoAnn Meacham noted that this agreement was for reimbursement of the water, waste water and flood control facilities portion of our Facilities Master Plan in the Truckee Meadows Service areas.

Council Member Mayer asked if this was part of a local match. Ms. Meacham responded that funds are part of the Regional Water Management Fund (which is Water Planning Commission) and they are funding 82% of the water, wastewater and flood control I

portions of the Facilities Master Plans for each entity. Mayor ,

Martini clarified Council Member Mayer's question asking does this count toward our local match on the flood control project. Ms.

I Meacham stated that no it will not as this is not part of the Truckee I River Flood Management project.

A motion was made by Council Member Smith, seconded by Council Member Salerno, to an Interlocal Agreement with Washoe County Regional Water Planning Commission for $464,784 in funding reimbursement from the Regional Water Management Fund to the City of Sparks. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.

6.4 - Time: 4: 1650 p.m. Update Regarding the An agenda item from Purchasing Manager Dan Marran requesting Solid Waste Franchise the City Council hear an update regarding the negotiation process

to-date and provide direction concerning the Solid Waste Franchise.

Purchasing Manger Dan Marran noted that the staff report contained a summary of information and an update considering the on-going negotiations with Waste Management for a new franchise to haul solid waste in the City. He stated that at the Council meeting on February 21, 2007, Council directed staff to negotiate for a franchise specific to the hauling of residential garbage only. This represented a reduction in scope from the previous agreement, and the discussion at that time indicated that the Council felt that allowing competition in the commercial

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Minutes of the Special Meeting of the Sparks City Council for May 2 1, 2007

segments of the business, while protecting the residential customers was a good idea.

He said that with this in mind the City's negotiation team has met a number of times with Waste Management. However, as outlined in the staff report, the current rates are based upon the model where the franchise has granted exclusive rights to the entire waste streams. He said that while court cases in the last few years have segmented the market, Waste Management has held our rates steady while waiting for the expiration of the current agreement, as well as resolution from the Nevada Supreme Court.

Mr. Marran stated that during negotiations with Waste Management, they noted that their residential rate structure was not a piece unto itself, as all the rates within the City rely on each other and the business market helps support the residential and they all support the recycling program. Therefore, removal of the guaranteed commercial segments from the franchise would require the residential franchise to be self-supporting, causing an increase in residential rates of approximately 82%. He noted that matching the existing franchises in either Reno or Washoe County would cause our existing rate to increase by 44%.

Mr. Marran said the only proposal that we have where our rates would remain static would be if we extended the existing franchise or offered a new franchise that looked very much like the existing franchise - which includes all waste streams, excluding construction and demolition debris.

Mr. Marran said that due to the longevity of the business practice we have had with regard to our franchise in allowing for the commercial subsidy of the residential business, any attempt to remove that commercial segment fiom the portion would have a significant impact to the residents of Sparks. He then reviewed the options as listed in the staff report.

Mayor Martini then opened the floor to comments, noting that this was not a public hearing item; however, he had received several requests to speak on this item.

Mr. Michael Springer, representing Castaway - said they had some issues with our current franchise agreement; stating it contained a haul-your-own provision which allows the citizens of Sparks to haul their own "non-garbage" by any means they want, according to the District Court, and he presumes according to the Supreme Court after last month's oral arguments. He said they are

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the Special Meeting of the Sparks City Council for May 21,2007

not seeking to affect this and this has been part of the model since 1977. He said the construction debris and demolition waste has always been hauled by contractors and various trucking companies. He said that claiming that the residential rate is based on a model where Waste Management gets it all is not true; because of the above mentioned exception. He said another issue is that Castaway charges more than Waste Management in the commercial trash hauling business, but they have numerous customers in the City of Sparks because Waste Management has not served those customers; has not been able to deliver drop boxes when ordered, etc., so Castaway was able to slip into the market. Mr. Springer said that in the City's current franchise agreement we must discuss "green" service and open up the franchise for further recycling efforts (maybe not now, but in the future). He said there was no incentive for Waste Management to recycle because they own the land fill and they get paid to fill up the land fill, not to recycle. Lastly, Mr. Springer said that to give waste management everything in the franchise agreement is not part of the Court proceedings involving the City of Sparks in the last four years (they went after the "haul your own" exception); I

but in other jurisdictions where the hauler owns the landfill, owns I

the transfer station; and owns all the other facilities, they would ~ fall under Federal scrutiny under the commerce clause impacts because we are granting a complete monopoly of the waste stream.

Mr. Greg Martinelli, representing Sparks Sanitation stated they felt that Mr. Marran's report was very concise and contained all the pertinent information. He said options 1 and 2 are viable; however they would unravel over forty years of history with the previous owner of this company and the City, who created this economic model over that period of time. He said they are asking that the Council proceed with option 3, which creates the least amount of impact to the customer base and still allows for competition in the construction debris and demolition area.

Council Member Schmitt said that he want to make sure he understood what Mr. Springer said: that since we started franchise agreements in 1970 in the City of Sparks, this city has made it a policy that we were going to subsidize residential trash hauling to the tune of $250,000 a month. Is this a common practice? Mr. Marran responded that the existing franchise started in 1976, and i although he assumes that there were prior franchise agreements, he I

did not review any of those agreements. He said that with regard to how the provider actually sets or develops the rates, we have no methodology nor do we define how they set their rates. Council Member Schmitt expressed concern that the businesses in Sparks

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seem to be subsidizing the residential trash hauling costs in Sparks and asked if this was a common practice for those in the trash hauling business. Mr. Marran stated he did not know whether it was common or not; however, with regard to each of the contracts, he is trying to look regionally at what Reno and Washoe County pay. But, as the operator, they look at each contract individually and what that community brings in terms of potential business. He said he could only assume the prices are reflective of the business we have to offer. Council Member Schrnitt said he did not feel it was a dollar and cents issues; but more of a policy issue.. . are we in the habit of subsidizing one business at the expense of another business. Mr. Marran said he did not think it was the habit of this Council or previous Councils to do that; it really has more to do with how the franchisee chooses to organize their business.

Council Member Mayer made a motion to direct staff to work on Option No. 3. Council Member Salerno stated that since there is going to be a decision made by the Supreme Court, he felt this was the best way to go, and he seconded the motion. Council Member Smith asked if this was something we wanted to put a time fi-ame on.. . to extend it.. . and then once the Supreme Court rules, then we can adjust it. Mr. Marran responded that if the Council would like to put a not-to-exceed time limit on it (12 or 18 months) and wait until the Court's decision; that would be fine. Council Member Smith said he would like to amend the motion to extend the current contract at least two years. Council Member Mayer said he was agreeable to that amendment. Council Member Salerno asked for an explanation of what the motion would do. Mr. Marran stated that his direction was to sit down with Waste Management and work to extend the existing franchise agreement without any seriously significant differences, until such time as the Court makes their decision, at which time we can make more reasonable negotiations. Council Member Salerno said he would second the amended motion.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to direct staff to work on option No. 3 to extend the existing contract for two years, with no significant changes. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.

6.5 - Time: 4:34:02 p.m. Direction to the City An agenda item from City Manager Shaun Carey requesting the Manager on the City City Council provide direction on the budget for the City Attorney's Office Budget Attorney's office for FY 2007-2008, including possible direction for FY 200712008 to amend the budget to reorganize the office andlor include an

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amendment in the current ordinance (Ordinance 2175, Section 2.04.030) concerning the salary of the City Attorney.

City Manager Carey stated that on May 14"' the Council voted to approve the City Manager's budget recommendations for the coming fiscal year, with the exception of the City Attorney's. He said he placed this item on the agenda to give the Council an opportunity to review the City Manager's budget recommendations for the Legal Department. He noted the staff report contains the budget and organizational chart, including a line item budget for the Legal Department. Mr. Carey noted that the Council may provide direction to make changes in the budget plan for next year; however, he noted that the City Council has the authority at any time during the year, to make a budget amendment to any portion of the City's budget, including that of the City Attorney's Office.

Mr. Carey noted that the Council has accepted the investigator's report and has asked Mr. Kolvet to draft two documents for future consideration: possible instructions on how to send something forward to the grand jury and what the Council might do in terms of a censure, should they decide to do that. He said the Council also included a request to look at reorganization of the City I

Attorney's Office. Mr. Carey stated that neither one of those items have been placed on an agenda because the work has not been completed and he recommended that the Council preserve their opportunity to act on these two items before they looked at actions involving the budget. He said after they have had an opportunity to deliberate on specific actions, if any, they wished to take regarding the investigation, they could then act on any changes to the budget.

Mr. Carey noted that the staff report contained the current organizational chart for the City Attorney's Office. He said this is the chart that would be used in the coming year by the City Attorney to provide all the services; however, staff has not evaluated any changes in that structure. He said that if the Council wanted to make any changes, they would need to consider specific sections of the Charter related to the powers of the City Council and those of the City Attorney, because there are considerations and empowerments that both parties to enjoy.

He said he would also have to consider existing employee resolutions and the civil service regulations when doing any reorganization. Mr. Carey stated the Council also discussed the

I

City Attorney's Salary, which is outlined in an ordinance that the

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City Council previously adopted. He noted that the staff report contained the applicable sections of the Municipal Code that lay out exactly how the City Attorney's salary is determined and a copy of the last time the City Council considered the pay for the City Attorney, which was in 2003 with the adoption of Ordinance 2 175. Mr. Carey stated there are also considerations in the City Charter (Section 1.060 in Chapter 5) which would control the discussion on the salary and any changes in the salary of the City Attorney that would take place following the conclusion of this term in office and prior to the next one.

Mr. Carey stated that based on his report, he is recommending that the City Council continue with the adoption of the City Manager's Budget Recommendations as they were presented or provide direction for changes they wanted to see at this time.

Council Member Smith asked if the Council could approve this budget and that at any time after today they could come back with specifics on censure or budget cuts or anything else they wanted to do. Mr. Carey responded in the affirmative, stating that is correct.

Council Member Mayer asked, if, at any time the Council wanted to come back and look at the City Attorney's salary, it was not tied to the budget; and that they could change the ordinance to make the pay for Municipal Judges and the City Attorney the same. Mr. Carey stated that yes, the Council had the ordinance power to set the salary of the Municipal Judge and the City Attorney; however, the new salary would apply at the beginning of the next term. Mr. Kolvet clarified that with respect to the salary, the Council could pass an ordinance, but it would not have any effect until the new term began per the Charter, Section 1.060.5., so they can neither increase nor decrease the salary of the current City Attorney.

Council Member Mayer asked several questions regarding the City Attorney's Office including: not filling vacant positions; freezing any vacant positions; or requiring that any contracts for outside counsel (Stanley Brown) be approved by the City Council.

Mr. Carey stated that they Council could provide direction to do one or more of these things; however, those were operational things and the budget sets the expenditures which are anticipated to occur for the year. He cautioned that many of those contracts are part of the self-insurance fund and related to risk management; however, those items related to the Legal Department could come back to the Council for approval, as they have in the past. He recommended that this be done under a separate agenda item at a

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later date.

Council Member Mayer then asked if approval for the City Attorney to have outside employment could be made on a yearly basis instead of a one time approval. Mr. Carey said he couldn't answer this question as it pertained to this agenda item, but he could bring it up under Council comments at the end of the meeting.

Council Member Smith said he felt they should just approve the budget and request a separate item under a future agenda to discuss any items regarding censure of the City Attorney.

Mayor Martini commented that the bottom line was that there was nothing in the budget, if they approved it today, that they couldn't revisit. Mr. Carey stated that the Finance Director has looked at the budget plan and he believes it is appropriate for the expenditures for the organization present in the City Attorney's Office. The Council does have the ability to make changes in the expenditure plan for the City Attorney's Office as part of any specific agenda item later during the fiscal year.

Council Member Schmitt asked if, when we file a budget for the state, did we file an overall budget for the Department or do we actually file a line item budget. Mr. Minton stated that the budget filed with the state is by fund, function, department and within the department it is by salaries and benefits, services and supplies, and capital outlay. He said the line-item is an internal budget document. Council Member Schmitt said they could pass a budget for the $1,780,952.00 that is going to the Legal Department and then continue discussion about how that money is spent. Mr. Minton responded that this was correct.

Council Member Schmitt said the other issue is that we are trying to figure out what is going on and we don't have any data to tell us what is happening inside this department; they have been, in all reality, acting as their own department because we don't have any data to show performance standards, etc. He said he felt it was very important that an outside consultant was brought in to tell us what is happening as far as performance standards: case loads, time spent on cases; and other issues.

Council Member Schmitt made a motion that we approve the City Attorney's budget for $1,780,952.00 in a dollar amount, but not in form and structure and encourage that in this budget a study is done on production in the City Attorney's Office. Mayor Martini

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asked for a second.

Council Member Salerno commented that he would not second the motion because he felt we were swaying way off the posted agenda item. He said we are here to approve the budget for the City Attorney's Office, but we have gotten too far off the item.

City Attorney Adams said that they say that sunshine is the best form of disinfectant and he felt that the light needed to be turned on to what this agenda item is really all about. He said t h s is not a budgetary item, but an item to get rid of Sparks City Attorney Chet Adams. He said he has tried extending the olive branch to each of the Council Members and work with them to find out what needs to be done to be able to work together again. He said his attorney has offered to assist in the effort to reconcile their differences, but they have heard nothing from any of the Council Members, with the exception of Council Member Carrigan. Council Member Mayer said he responded. Mr. Adams agreed, stating that Mr. Mayer said he would not talk to him until after the report was published. Mr. Adams continued stating that this clearly sends a message that the Council is not interested in reconciling their differences.

Mr. Adams commented that last month the Council supported legislation that would have changed the City Attorney's Office from elected to appointed: Why? Because they want to control their City Attorney and now they are using the budget process to try and control the City Attorney.

Mr. Adams stated that they Council is trying to restructure an entire branch of Sparks City government because of their personal or political animosity toward him. He said if it is the Council's goal, collectively or individually, to get rid of him, then fine; but don't do it at the expense of the Citizens of Sparks.. . to take away their opportunity to vote because of a personal feud they have with him. He said the Council was also impacting the lives of every employee in the Sparks City Attorney's office ... people who do not know if they will even have a job in the future or who they will be working for.

Mr. Adams stated that a Sparks City Attorney must have the courage, the confidence and the autonomy to give the Council the legal advice that they do not want to hear, irrespective of whether that is politically or personally helpful to them in their endeavors.

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Minutes of the Special Meeting of the Sparks City Council for May 2 1, 2007 I Mr. Adarns extended, once again, an offer to meet with the Council in an attempt to reconcile any and all differences they may have with him and asked that they not take this out on his staff or the citizens of Sparks, simply because they did not like him.

Mayor Martini noted that there was a motion on the floor; however because there was no second, he was going to call it as having died for lack of a second.

Council Member Schmitt commented that, as parliamentarian, Mr. Adams' comments were off topic.

A motion was made by Council Member Schmitt, Seconded by Council Member Mayer to approve the budget $1,780,952.00 as outlined, as a whole budget, with the reorganization to come at a later date. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion Carried

Council Member Mayer commented on Mr. Adams' comments about bringing things out in the sunshine and thinking about people we may hurt. He said it was too bad Mr. Adams didn't follow his own advice regarding his past behavior, stating Mr. Adams didn't think of other people, just himself.

6.6 Time: 5:04: 19 p.m. Adoption of the Final An agenda item from Finance Director Tom Minton requesting the Budget for the City of City Council adopt the final budget for the City of Sparks for Sparks for FY 200712008 Fiscal Year 2007-2008. In accordance with NRS 354.596, the

Council must adopt a Final budget for the City of Sparks on or before June 1, 2007. The budget must be filed with the Department of Taxation in accordance with specific instructions for categorizing revenues and expenditures and must be presented using prescribed filing forms and formats. State statutes require that the City file a separate budget document for the Redevelopment Agency.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to adopt the final budget for the City of Sparks for Fiscal Year 2007-2008. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.



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Minutes of the Special Meeting of the Sparks City Council for May 2 1, 2007

Time: 5:05:53 p.m. Eornrnents from the City Manager Carey thanked staff for all their work on the budget. Council and City Manager


5:06 p.m.

Mayor

City Clerk >>>

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SPECIAL MEETING OF THE SPARKS CITY COUNCIL May 15,2007

Time: 7:OO: 10 p.m. Call to Order The regular meeting of the Sparks City Council was called to order

by Senior Council Member John Mayor at 6:46 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

2. - Roll Call

Time: 7:OO: 15 p.m. Mayor Geno Martini, Acting City Clerk Carrie Brooks, Council Members John Mayer, Ron Smith, Ron Schrnitt, Acting City Manager Steve Driscoll, City Attorney Chet Adarns, PRESENT. Council Members Phillip Salemo, Mike Carrigan, ABSENT.

Staff Present: John Dotson, Joyce Farley, Stacie Hemmerling, Debi Hunt, Tom Minton.

Comments from the Time: 7:00:37 p.m. Public Mrs. Shirley Bertschinger 832 Olancha Court, spoke regarding the

City retaining Attorney Stan Brown to do work for the City.

I 3. Time: 7:01:52 p.m. i I

P.H. on the Tentative Mayor Martini opened the public hearing on the Tentative Budget Budget for Fiscal Year for Fiscal Year 2007-2008 and asked if there was anyone present 2007-2008 , who wished to make comments. There being no one present who

wished to comment, the public hearing was closed.

4. - Time: 7:03:12 p.m. Comments from the There were no comments from the Council or City Manager. Council and City Manager

5. - Adjournment


City Clerk

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REGULAR MEETING OF THE SPARKS CITY COUNCIL May 14,2007 3:00 p.m.

L Call to Order

Time: 3:00:01 p.m. The regular meeting of the Sparks City Council was called to order by Mayor Geno ~ i r t i n i at 3:00 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.


Members John Mayer, Ron Smith, Ron Schrnitt, Assistant City Manager Steve Driscoll, City Attorney Chet Adams, PRESENT. Council Members Phillip Salerno, Mike Carrigan, City Manager Shaun Carey, ABSENT.

Staff Present: Kathy Clewett, Marc DeLaTorre, John Dotson, Joyce Farley, Bill Finley, Teresa Gardner, Stacie Hemmerling, Debi Hunt, J o h n Meacham, Alan Minor, Tom Minton, Jim Rundle, Wayne Seidel, Chris Syverson, Dave Vill, and David Fitzpatrick.

Invocation and Pledge of Time: 3:00:44 p.m. Allegiance The invocation was given by Bishop S. Clay Jorgensen of the

Church of Jesus Christ of Latter Day Saints and the Pledge of Allegiance was led by Council ~ e m b e i John Mayer.

Comments from the Time: 3:02:28 ~ . m . Public Tip Moser, father o f Lea Moser, 308 "1" Street, complained

because his daughter was not invited to the awards ceremony at Sparks High School for the League of Cities awards. He stated that Lea was upset because she was not recognized with her peers. Mayor Martini assured Mr. Moser that this was an unfortunate oversight and that there was no intent to leave her out of the ceremonies.

A group of Red Hat Ladies presented a Certificate Of Good Humor to Mayor Martini for his willingness to participate in their events.

Mayor Martini asked Boy Scouts from Troop 168 to introduce themselves; they said they were attending the meeting as a requirement for a merit badge.

Mayor Martini asked students from Reno High School, who were attending the meeting as a Government class requirement, to introduce themselves.

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Minutes of the Regular Meeting of the Sparks City Council for May 14, 2007


A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve the agenda as posted. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.


Council Member Schmitt, to approve the minutes of the Special Meeting of April 16, 2007 and the Regular Meeting of April 16, 2007, the Regular Meeting of April 23, 2007 and the Special Meeting of April 30, 2007. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.


4.1 - Time: 3:09:04 p.m. Proclamation - Older Mayor Martini read a proclamation naming May, 2007 as Older Americans Month Americans Month in recognition of the wealth of wisdom and

experience older Americans have contributed to all aspects of society. The proclamation was accepted by Marietta Bobba, Senior Services Director for Washoe County.

4.2 - Time: 3: 1 1 :41 p.m. Proclamation - Mayor Martini read a proclamation naming May, 2007 as Archaeological Archaeological Awareness & Historic Preservation Month in Awareness & Historic recognition of the National Historic Preservation and the role of Preservation Month history in our lives. The proclamation was accepted by Planning

Intern Scott Carey. Mr. Carey noted that this would be his last presentation before this Council as he has accepted a position with Clark County and thanked everyone who helped him during his internship for the City.

4.3 - Time: 3: 17:28 p.m. Proclamation - National Council Member Ron Smith read a proclamation naming the week Public Works Week of May 20-26, 2007 as National Public Works Week in

recognition of the importance of the services provided by public works stdf in our community. The proclamation was accepted by Public Works Director Wayne Seidel.

4.4 - Time: 3:20:01 p.m. Proclamation - National Council Member Ron Schmitt read a proclamation naming May Police Officer's Week 13-19, 2007 as National Police Officer0s Week in recognition of

the members of law enforcement and the role they play in

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4 3 Presentation on Special Events Funding for 2007

5. Consent Items:

Report of Claims and I

I Bills and Appropriation Transfers

5.2 - On Premises Alcoholic Beverage License for Morelli's G Street Saloon, 2285 G Street

5.3 - On Gaming License for Morelli's G Street Saloon, 2285 G Street

5.4 - Alcoholic Beverage Package License for . Winner's Corner # 1 3, 1 390 Disc Drive

safeguarding the rights and freedoms of Sparks' residents. The proclamation was accepted by Police Chief John Dotson.

Time: 3:23:56 p.m. Withdrawn.

Time: 3:28:45 p.m. Consent Item 5.14 was pulled for separate discussion and vote.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Consent Items 5.1 through 5.13 and 5.15 through 5.21. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

An agenda item from Finance Director Tom Minton recommending approval of the Report of Claims and Bills paid and the Appropriation Transfers made since the last regular Council Meeting for the period covering April 6, 2007 through April 18,2007.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Michael David Morelli, 4370 Bareback Court, for an On Premises Alcoholic Beverage License for Morelli's G Street Saloon located at 2285 G Street. Mr. Morelli has purchased the establishment previously licensed as Robin's Nest and this will be his first liquor license in Sparks. The license will provide a $1,000.00 annual fee, plus $1 .OO per $1,000.00 over $50,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Michael David Morelli, 4370 Bareback Court, for a Gaming License for Morelli's G Street Saloon located at 2285 G Street. Mr. Morelli has purchased the establishment previously licensed as Robin's Nest and this will be his first gaming license in Sparks. The license will be for 15 multi-denominational, bar-top slot machines and provide a $1,800.00 annual fee, contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Alcoholic Beverage Package License for Berry-Hinckley Industries, doing business as Winner's Comer #13, located at 1390 Disc Drive. Mr. Herbst has 10 liquor license applications pending

Page 3 of 17


in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.5 - An agenda item from Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Mr. Jerry Edward Package License for Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Winner's Comer #14, Alcoholic Beverage Package License for Berry-Hinckley 2 191 Pyramid Way Industries, doing business as Winner's Comer #I 4, located at 2 191

Pyramid Way. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Comer Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.6 Alcoholic Beverage Package License for Winner's Corner #25, 1600 Victorian Avenue

5.7 - Alcoholic Beverage Package License for Winner's Corner #26, 2 169 Prater Way

5.8 - Alcoholic Beverage Package License for

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Alcoholic Beverage Package License for Berry-Hinckley Industries, doing business as Winner's Corner #25, located at 1600 Victorian Avenue. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various-agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Alcoholic Beverage Package License for Berry-Hinckley Industries, doing business as Winner's Corner #26, located at 2 169 Prater Way. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals fiom various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward a Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an

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Western Mountain #200, Alcoholic Beverage Package License for Berry-Hinckley 350 N. McCarran Industries, doing business as Western Mountain #200, located at

350 N. McCarran Boulevard. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.9 Alcoholic Beverage Package License for Winner's Comer #2 10, 400 Greenbrae Drive

, Alcoholic Beverage Package License for Winner's Comer #400, 205 N. McCarran Boulevard

5.1 1 - Alcoholic Beverage Package License for Winner's Comer #506, 2095 Brierly Way

An agenda item from Police Chief John Dotson recommending the . City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Alcoholic Beverage Package License for Berry-Hinckley Industries, doing business as Winner's Corner #2 10, located at 400 Greenbrae Drive. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Alcoholic Beverage Package License for Berry-Hinckley Industries, doing business as Winner's Corner #400, located at 205 N. McCarran Boulevard. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Alcoholic Beverage Package License for Berry-Hinckley Industries, doing business as Winner's Comer #506, located at 2095 Brierley Way. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

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5.12 An agenda item from Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Mr. Jerry Edward Package License for Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Winner's Corner #508, Alcoholic Beverage Package License for Berry-Hinckley 1 365 Baring Blvd. Industries, doing business as Winner's Comer #508 located at

1365 Baring Boulevard. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.13 Alcoholic Beverage Package License for Winner's Comer #526, 2805 N. McCarran Blvd.

5.14 Alcoholic Beverage Wholesaler License for Vin Sauvage, LLC, 4050 W. Sunset Drive, Suite D, Las Vegas, NV

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Jerry Edward Herbst, 1701 Enclave Street, Las Vegas, NV 89134, for an Alcoholic Beverage Package License for Berry-Hinckley Industries, doing business as Winner's Corner #526, located at 2805 N. McCarran Boulevard. Mr. Herbst has 10 liquor license applications pending in Sparks. He recently purchased Berry Hinkley Industries and is the new owner of the Winner's Corner Convenience Stores in Reno and Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

Time: 3:29:36 p.m. An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Alan Lynn Sauvage, 5094 Spanish Hills Drive, Las Vegas, NV 89148, for an Alcoholic Beverage Wholesaler License for Vin Sauvage, LLC located at 4050 W. Sunset Drive, Suite D, Las Vegas, NV. The applicant will have no facility in Sparks, but will be importing liquor to businesses in the city. The license will provide a $1,000.00 annual fee, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

Council Member Smith asked why we were approving a license for a liquor supplier out of Las Vegas, when we already have three or four distributors right here in town. Chief Dotson said this was routine and the applicant meets the criteria in the City ordinance and is therefore eligible for a license. He noted that we have issued licenses to other "out of area" liquor distributors and that this application is not unique. Mayor Martini noted that we cannot deny them a license if they meet the criteria.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Consent Item 5.14. Council Members Mayer, Smith, Schmitt, YES. Council Members

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Salerno, Carrigan, ABSENT. Motion carried.

5.15 An agenda item from Finance Director Tom Minton Request for Refund of recommending the City Council approve a request from Cutting Business License Penalty Edge Machining, Inc., for a refund of excess business license fees Fees - Cutting Edge paid in the amount of $145.10. The company has been licensed in Machining, Inc. the City since 1975, and they have never been late on their license

renewal. They are claiming that they didn't receive the business license renewal form that was mailed out January 8, 2007; however they did receive the notice containing the penalty which was mailed out February 5, 2007. Staff is recommending that the City refund the penalty paid.

5.16 - An agenda item from Police Chief John Dotson recommending the Acceptance of a State of City Council accept a traffic safety grant in the amount of Nevada Traffic Safety $1,400.00 from the Nevada Office of Traffic safety, to cover costs Grant associated with sending two officers to the 1 3 ' ~ Annual D.R.E.

Conference. The persons selected to attend are key to the current three year Drug Recognition Expert Training grant that the Sparks Police Department operates, utilizing the Nevada Office of Traffic Safety funds.

5.17 An agenda item from Police Chief John Dotson recommending the Acceptance of a State Of City Council accept a traffic safety technology grant in the amount Nevada Office of Traffic of $10,000.00 from the State of Nevada Department of Public Safety Technology Grant Safety, Office of Traffic safety, for the purchase of additional

electronic citation and accident equipment for officers to use in the field.

5.18 An agenda item from Public Works Director Wayne Seidel Bid Award for Ferric recommending the City Council award to Thatcher Company of Chloride Nevada the bid (No. 06107-039) to supply the Truckee Meadows

Water Reclamation Facility with Ferric Chloride in the annual amount of $477,968.00. Ferric Chloride is used in the dewatering process. The chemical contract will use appropriations beginning with fiscal year 200712007 and continue with fiscal year 200812009, with an optional third year.

5.19 - An agenda item fi-om Public Works Director Wayne Seidel Award ofthe Prater Way recommending the City Council award to PBS&J Consulting Storm Drain Interceptor Engineers a contract (A-3387) for the Prater Way Storm Drain Phase 1 Master Plan to Interceptor Phase 1 Master Plan in the amount of $42,000.00. This PBS&J Consulting study is the first phase of a two phase study for storm drain master Engineers plans in this area of the City. Phase one will evaluate the existing

studies, delineate the watershed boundaries identify data needs and provide a detailed scope and budget for completing phase two. Funds are available for this project.

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5.20 An agenda item from Public Works Director Wayne Seidel Approval of the Costs recommending the City Council ratify the increase in costs Associated with the associated with the repair of the Caterpillar 35 16SI Co-Generation Repair ofthe Caterpillar unit at the Truckee Meadows Water Reclamation Facility Co-Generation Unit at (TMWRF) in the amount of $44,489.08 (Purchase Order No. TMWRF 163704) to Cashrnan Equipment Company. The rotor of the

cenerator portion of the co-generation unit has become worn through normal use and needs to be replaced to bring the unit to maximum efficiency. Repairs are not feasible because of the nature of the unit prohibits a warranty being applied to the repaired component. The total cost of the rebuild is $236,481.58, including the additional work on the rotor, which was not part of the original bid scope of work.

5.21 An agenda item from Public Works Director Wayne Seidel Final Subdivision Map recommending the City Council approve a final subdivision map for the Pinnacles Phase I1 for The Pinnacles, Phase 11, as submitted. The Pinnacles Phase I1

will be generally located north of Disc Drive, west of Pyramid Highway, east of Vista Boulevard and south of Los Altos Parkway. This subdivision will create 37 lots on 9.57 acres. The current zoning is NUD and the developer will be C.B. Maddox, LLC. The map has been checked and found to be correct. The appropriate plan checking fees have been paid and a performance bond has been filed with the City Clerk.


6.1 - Time: 3:32:01 p.m. Local Legislative Affairs Assistant City Manager Steve Driscoll noted that he would be Issues sitting in for our lobby team, who was busy with the second "hell

week" of the session, where everything is trying to get out of the second house before Friday. He then provided a briefing on some of the "hot" items that were provide to him via a lunch time teleconference with the lobby team.

AB527 - affordable housing - deals with being recognized as an entity for the purpose of questioning the taxation process at the assessors' office. Right now we have no standing and this bill would allow us to at least question the gross revenue methods used. Our lobbyists, along with those from the Nevada Tax Payers Association are working on this bill, which is particularly important for redevelopment areas.

AB439 - designed to provide more ability to do affordable housing, but as it worked its way through the Assembly, it ended up with penalties instead of incentives to accomplishing affordable housing goals. Since the last report the requirements have been changed to having to meet 6 out of 13 criteria in order to retain our funding. This should be fairly easy for Sparks to meet, since we

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Minutes of the Regular Meeting of the Sparks City Council for May 14,2007 ~ do most of the criteria already. ~ AB5 13 - annexation bill which would allow for a GID to allow us to do some of the development we are contemplating in the Tracy area (non-contiguous annexation), because it is so far away from the actual infrastructure that we have in place today. An amendment being heard this afternoon, with Reno and Washoe County in support.

SB203 - the baseball and Rock Park issues - another amendment was provided today related to baseball that was considered to be positive; will be a tool that will be usable for the current negotiations to bring a PCL team to Sparks. This bill will also allow the $1.2 million allocated for Rock Park in 2005 to be extended until 2009; however there was no discussion on this.

SB66 - this bill doubles the tort awards. This Council said they would not oppose this, but asked for some type of limitation on the number of events that could be brought forward. It appears this bill is gaining lots of momentum through the Assembly without caps. Per the direction of Council, we will oppose this bill if it goes forward without caps.

SB374 - funding for Nevada State College - we added a friendly amendment to this funding bill that would allow for the increment financing that currently has a 100,000 population cap (which would cause us some problems with potential development in Kiley and Copper Canyon and other business park activity). Currently we can finance up to 15% of the assessed value in those areas, but if the population goes over 100,000 we can only bond up to 10%. Since we are the only City that is close to that cap, we would have to reduce our percentage from 15% to 10% if the 201 1 census showed us over the 100,000 population cap. This has been put on hold until Wednesday.

AB138 - impact fees for fire departments, this is a potential tool for future use.

AB253 - Would take impact fees and put them in one pot. Council passed resolution of opposition to this bill because if money is collected in Sparks, it should be spent in Sparks.

SB437 - A green bill that potentially eliminates the tax credits that were put into effect in the last session. The Governor has until midnight to veto this bill or it takes affect. Staff is not aware of any businesses in Sparks that would be affected by this legislation; however it does affect potential future growth.

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SB544 - Public Employee Benefits Program bill. This would sunset the ability of any employee of a governmental agency from retiring into the State Medical System, unless their agency was already in PEB. So, if you are not in PEB, can't retire in PEB for post medical subsidies, as of July 1. The City has no post retirement medical subsidies, as a negotiated program; just some minor agreements for specific individuals. We have several employees that are taking a hard look at whether or not to retire now, so they won't loose that benefit. Not sure where the bill is going and it could easily die as of Friday at midnight.

AB14 - graffiti bill - our issues were incorporated into this bill and this has passed the senate and will now go to the Governor for signature.

6.2 - Time: 3:56:30 p.m. Contract with Stradling An agenda item from City Manager Shaun Carey requesting the Yocca Carlson & Rauth City Council approve a contract with Stradling Yocca Carlson & for the Provision of Legal Rauth for the provision of legal services as disclosure counsel for Services as Disclosure the issuing of bonds related to the redevelopment project at Sparks Counsel for the Issuing of Marina in a not-to-exceed amount of $200,000.00. In the process Bonds of issuing bonds, the City is required to disclose certain facts to

individuals and companies interested in investing in the financial instruments. Due to the complexity of the development agreements and the fact that the use of Sales Tax Anticipated Revenue (STAR) Bonds is relatively new in Nevada, the City must be cautious in the specific verbiage attached to the bond issue(s). The proposed consultant has the professional background required to meet the City's needs in this area.

Finance Director Tom Minton stated this item was a contract for disclosure counsel for STAR Bonds. Mayor Martini asked for an explanation of what disclosure counsel would do. Mr. Minton said they review all legal documents, etc. regarding a bond sale to ensure that the City is in compliance with the securities law and make sure we will not be liable.

Council Member Mayer asked if the cost comes out of the star bond proceeds. Council Member Schmitt asked if the bond counsel needed to be on board as soon as possible. Mr. Minton responded yes to both questions.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve the professional services agreement for the provision of legal services as disclosure counsel with Stradling Yocca Carlson & Rauth for a "not-to-exceed" amount of $200,000. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

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6.3 - Contract for Conceptual Master Facility Planning for the Expanded and Future Truckee Meadows Service Area

6.4 Approval of HUD Grant for Deer Park Facility

Time: 3:58:59 p.m. An agenda item from Public Works Director Wayne Seidel requesting the City Council approve a professional services contract for conceptual Master Facility Planning for the Expanded and Future Truckee Meadows Service Area within the City of Sparks to Stantec in the amount of $849,233.00.

Utility Manager Joan Meacham noted that this item was continued from the meeting of April 9th. She said the request is for a total of $849,233.00, of which the Board of County Commissioners has already approved our request for reimbursement of $464,784.00, leaving Sparks' share as $384,449.00. Ms. Meacham noted this plan would be for water, wastewater, flood control, reclaimed water and transportation within the Truckee Meadows service territories. She displayed a map of the pertinent areas and noted that the reason this item was continued was because of concern about what is happening in the legislature regarding non- contiguous annexations. However, she noted, that if the proposed bill dies, we would have the same ability we have had in the past to annex non-contiguously and in any case, we cannot annex unless we have a facilities plan.

Council Member Schrnitt asked if this was continued because we wanted to make sure Washoe County was going to reimburse us. Ms. Meacham responded that it may have been part of the reason; however she understood it was because of what may happen in the legislature. Council Member Smith asked if we still needed to wait for the Legislature. Ms. Meacharn stated that no, we shouldn't wait for them because the bill in question said the bill would simply clarify the City's ability annex non-contiguously and if it dies, we would still have that ability.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve a professional services contract for conceptual Master Facility Planning for the Expanded and Future Truckee Meadows Service Area for Sparks to Stantec in the amount of $849,233.00; directing them to proceed with the data gathering for the whole area and facilities planning for priority area 1 while holding for additional direction on the other priority areas. Council Members Mayer, Smith, Schmitt, YES. Council Members Salemo, Carrigan, ABSENT. Motion carried.

Time: 4:02: 17 p.m. An agenda item from Grants Administrator Tracy Wheeler requesting that the City Council accept a U.S. Department of Housing and Urban Development (HUD) Special Project Grant No. B-06-SP-NV-0701 for Deer Park Facility Renovation in the amount of $198,000.

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6.5 Approval of the Five Year CIP

Ms. Wheeler noted that this special projects grant from HUD courtesy of Senator Reed and it was her understanding that the intent of this funding was to assist the City rehabilitate the inside of the bath house at Deer Park, including adding showers and lockers.

Council Member Mayer asked if it was just for the inside of the bath house not the pump house and other equipment. Ms. Wheeler stated that it was her understanding from the Parks and Recreation Department that the intention was to do the interior of the bath house. She noted that h s past winter during the rehabilitation of the pool they were able to make substantial improvements to the exterior of the bath house and now they would be renovating the inside. She noted that the tentative plans include installing lockers, showers, and adding classroom facilities, which will involve changes in plumbing, electrical, etc

A motion was made by Council Member Mayer, seconded by Council Member Smith, to accept HUD Special Project Grant No. B-06-SP-NV-0701 for Deer Park Facility Renovation, as outlined. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

Time: 4:06:56 p.m. An agenda item from Public Works Director Wayne Seidel @ I requesting the City Council approve the City of Sparks Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2007-2008 through 201 1-2012, beginning July 1, 2007.

I

I Mr. Seidel noted that the City Manager presented an executive summary of the CIP at the workshop on April 30' and he reviewed the changes since that review as follows:

Under the 1401 Fund there is a 2% increase in revenue because they had temporary costs for two additional years that will not be in this fund. Also in the 1401 Fund we had CMAC projects listed under the Vista Corridors and these have been changed to generic category of Corridors and Intersections. He noted we are currently working on an interlocal agreement with RTC for the sidewalk from Lincoln to Prater on McCarran and we would like to do a match in funds to get the design and the right-of-way set up over the next three years.

In the 1402 Fund we may have more projects allocated than 1 I

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For the 1405, Ad Valorem, on the revenue side there is $1 50,000 less in revenue that what we had anticipated on April 3oth, so we had to move two projects out to FY 08/09. One was the renovations at Fire Station No. 2 for $85,000 and the other was an outbuilding expansion at the Police Department for $65,000.

Mr. Seidel noted that a project was added in the sewer fund. There was an agreement with Washoe County that had an $85,000 balance, so we added some rehabilitation on the northeast interceptor.

He said that the CIP Redevelopment Areas 1 and 2 were not presented at the workshop and he would review those projects at the Redevelopment Meeting which followed this Council Meeting. He stated the FIP projects have also been added as an appendix in this CIP.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the City of Sparks Capital Improvement Program (CIP) for Fiscal Years 2007-2008 through 20 1 1-201 2. Council Members Mayer, Smith, Schrnitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

6.6 - Time: 4: 14: 17 p.m. Approval of the City An agenda item from City Manager Sham Carey requesting the Manager's Budget City Council approve the City Manager's recommendations for the Recommendations 2007-2008 final budget.

Finance Director Tom Minton stated these are the same recommendations that were presented at the workshop on April 3oth and staff is asking for approval to go ahead with the implementation of these recommendations into the final budget document.

He reviewed some of the high points of the recommendations, stating that the new needs that were approved were in the Public Safety category: four-person staffing for the Fire Department and five additional sworn officers and 1 civilian position at the Police Department. He noted that also included as a new need was the costs for cancer screening for all employees. Council Member Mayer urged all employees to get their cancer screening done as soon as possible [it was what saved his life].

Council Member Schmitt said that there were a couple of items that were not in the budget that had been discussed during the workshop and he did not know why those issues had not been included and he asked what would happen if the Manager's recommendations were rejected today. Mr. Minton said he would then wait for futher direction. Council Member Schmitt

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the Regular Meeting of the Sparks City Council for May 14,2007

commented that he did not know why the Council had to vote twice on the final budget: once before the public hearing and once after the public hearing (which would be held tomorrow night). Council Member Mayer explained that this item was just the City Managers budget recommendations that, when approved, would be incorporated into the final budget document, which the Council would then approve at a subsequent meeting. Assistant City Manager Steve Driscoll clarified the procedure for getting budget approved.

Council Member Mayer said that if Council Member Schmitt had requested items that were not in the budget, he should present them again at this meeting and they could be discussed. Council Member Schmitt said he had asked for the detailed reorganization of the departments to be brought forward before the budget was presented, and this has not been done yet; therefore he could not support this budget until that reorganization is brought forward.

Council Member Mayer asked Mr. Minton if this reorganization (which was the City Attorney's Office being reorganized under the City Manager's Office) was coming forward before approval of the final budget. Mr. Minton responded that he had not received any instructions regarding any reorganization. Council Member Mayer said he also wanted a report on how we could separate the City Attorney's salary from that of the Judges in the ordinance.

Council Member Schmitt said he felt the budget was incomplete and unless it is mandated that they had to vote, he did not want to support recommendations. He said that 99% of the budget has been agreed upon, but he felt this issue had to be resolved before he could support approval of the final budget. Assistant City Manager Driscoll suggested that he could provide direction to staff to finalize all things that have been presented to the Council in the City Manager's recommendations and that are acceptable to the Council today, without final approval and that to the extent that there are outstanding questions that Council Member Schmitt would like clarification on, staff could provide that information no later than Monday, so they can finalize and vote on the budget at the Meeting scheduled for May 21,2007.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve all items in the City Manager's final budget recommendations, except the Legal Department Budget. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.

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7. Public Hearings and Action Items Unrelated to Planning and Zoning

Time: 4:30:01 p.m. An agenda item from Real Property Agent Dave Vill

Portion of 2 1 St Street and recommending that the City Council conduct a public hearing and a Strip of the A-B Alley approve the abandonment of a 130 foot by 60 foot portion of 21St Between 2oth and 2 1 Street south of Victorian Avenue (formerly "B" Street) and a 210 Streets foot by 20 foot portion of the A-B alley between 2oth and 21St

Streets, containing an area of 11,633 square feet of land, more or less.

Mr. Vill displayed a map showing the location of the property and stated in February 2006, the council approved the abandonment of the southerly portion from A Street to the Alley; since that time Plantations Investments Inc., doing business as Rail City, has acquired the property on the corner, which is why they could not abandon the whole street initially. Now, however, Rail City owns the property on both sides of the areas requested for abandonment and this will give them the entire street and alleyway for future development.

Council Member Mayer commented the applicant tore down the old 7 Dwarfs Motel, put down some gravel and surrounded the property with temporary red net fencing. He asked if it was possible to make them clean up the lot and make it more attractive. Mr. Vill stated the applicant's intention was to record a reversion to acreage map (if the abandonments are approved) to remove the lot lines which will allow them to install permanent pavement for a parking area.

Council Member Mayer asked if the signal at Victorian and 21St would still be needed if there is no street and whether the traffic signal could be relocated to a more needed location. Staff was instructed to research this request.

Mayor Martini said he was sure that Rail City had every intention of cleaning up the property because they have done such a great job of renovating the outside of the building and refurbishing the inside.

Mayor Martini opened the public hearing by asking if there was any one present who wished to speak on this matter. There being no comment, the public hearing was closed.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the abandonment of 2 1 Street and the A-B alley between 2 0 ~ and 21" Streets as presented by staff. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Canigan, ABSENT. Motion carried.

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7.2 Time: 4:36:00 p.m. Approval ofthe FY 2007- An agenda item from Grants Administrator Tracy Wheeler 2008 CDBG and HOME recommending that the City Council conduct a public hearing and Consortium Action Plan approve the Fiscal Year (FY) 2007-2008 Community

Development Block Grant (CDBG) and HOME Consortium Action Plan.

Ms. Wheeler noted that this is the action plan which we submit to HUD for annual entitlement of Community Development Block Grant dollars and we are looking to invest into the community the following projects or activities:

a $250,000 in our single-family, owner-occupied housing rehabilitation loan and emergency grant program

a $188,000 toward phase 2B of the Community Assistance Center in downtown Reno (the Women and Family shelter)

a $95,190 in human services via the Human Services Consortium.


A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve FY 2007-2008 CDBG and HOME Consortium Action Plan. Council Members Mayer, Smith, Schmitt, YES. Council Members Salerno, Carrigan, ABSENT. Motion carried.


9. - Time: 4:40:22 p.m. Comments from the Council Member Ron Smith asked for the Olympic Gaming to be Council and City presented to the Council. It was noted that the item was already Manager scheduled for the June 4th meeting.

Council Member Smith also asked for an update on the construction for Sparks Blvd. Public Works Director Wayne Seidel stated that this week and last week Peavine Construction has been doing some drilling to put in water and that the lane crossovers are expected to begin May 21''. He said the two commute lanes will be switched morning and evening rush times. Council Member Smith asked that staff provide an update on the project at each meeting and that they-keep the notices updated and rush Peavine along to get the project done by fall.

There was a discussion regarding the sidewalk vendors selling everything from flowers to fountains. It was determined that the

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vendors are supposed to have special use permits and be duly licensed by the City. Code enforcement does check on them and if they don't have a license, they are shut down. Council asked for extra enforcement when these type of vendors increase during holidays such as Mother's Day and Valentines Day.

10. Adjournment

Council Member Mayer again apologized for leaving Lea Moser off the list. He also noted that Sparks won the State competition and both Students were from Sparks High School. He said we should really beat our drum on this, because our students were competing with 4500 schools in Nevada.

Time: 4:49: 15 p.m. There being no further business, the meeting was adjourned at 4:49 p.m.

Mayor

City Clerk

SPECIAL MEETING OF THE SPARKS CITY COUNCIL May 7,2007

1. - Time: 3:03 :54 p.m. Call to Order A special meeting of the Sparks City Council was called to order by



Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schrnitt, City Manager Shaun Carey, City Attorney Chet Adams, PRESENT.

Staff Present: Rick Bareuther, Carol Billau, Tom Burrous, Karen Caterino, Kathy Clewett, Marc DeLaTorre, John Dotson, Steve Driscoll, Joyce Farley, Nancy Holder, Rob Joiner, Steve Keefer, Robert King, Neil Krutz, Dan Marran, Adam Mayberry, Randy Mellinger, Robin Pagni, Linda Patterson, Gary Potter, Wayne Seidel, Stan Sherer, Mindy Snyder, Chris Syverson, Randy Waterman, Charlotte Wesley, various fire fighters and Carrie Brooks.

Invocation and Pledge Time: 3:04: 19 p.m. of Allegiance Pastor Tom Butler, with the Sparks Police and Fire Chaplin's Office,

offered to give the invocation, although no invocation was scheduled. The Pledge of Allegiance was led by former Fire Chief, Bill Farr.

Comments from the Time: 3:05:54 p.m. Public Mrs. Shirley Bertschinger, 832 Olancha Court, Sparks, spoke

regarding Senior Assistant City Attorney Tom Riley's arrest for DUI and the need for an appointed City Attorney.

Mr. Duane Markham, 1801 Matteoni Drive, Sparks, [(775) 240-7538] spoke regarding a playhouse structure that his neighbor is building that is clearly visible from Mr. Markham's back yard and which he considers an eye-sore. He said that SMC 20.43, which governed structures in back yards, was inadequate because it did not address height restrictions, thus allowing his neighbors to build structures that are visible over the 6 foot fence of his back yard. City Manager Carey stated he would have the Community Development Department prepare a report addressing Mr. Markham's concerns.



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A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

I

3. - Time: 3:13:48 p.m. Recommendation to None. Approve Minutes


4.1 - Time: 3: 13:48 p.m. Oath of Office for New Mayor Martini recognized the attendance of former Fire Chiefs Bill Fire Chief Farr, Don Young, Ron Irwin, Lee Leighton and Tom Clewell at the

swearing in of the newest Sparks Fire Chief, Andreas (Andy) Flock. He then administered the Oath of Office to Chief Flock. Mr. Flock's wife had the honor of pinning his new fire chiefs badge on his uniform. Ms. Pam Matteoni from Senator Ensign's Office presented a Senatorial Certificate of Commendation of Chief Flock and Verita Black-Prothro from Congressman Dean Heller's Office presented a Special Congressional Recognition Certificate congratulating Mr. Flock on his appointment as the new Sparks Fire Chief.

The meeting then adjourned at 3:21 for a short reception for Chief Flock. The meeting was reconvened at 3:37 p.m.

5. Consent Items: Time: 3:37:42 p.m. None.

Introduction of Time: 3:37:42 p.m. Students Mayor Martini asked two students, who were the only members of the

public present at the Council Meeting when it resumed after Chief Flock's reception, to introduce themselves. The two female students came up to the speaker's podium and announced that they were students from Reno High School and were attending this meeting as a requirement for their Government class.

Discussion Regarding Time: 3:40:03 p.m. the City Attornev Council Member Schrnitt noted that City Attorney Chet Adarns was

present at today's meeting and asked if the Council was notified that he would be present at this meeting instead of one of the assistant City Attorney's. Mayor Martini stated he ran into Mr. Adarns in the hallway about 2: 15 this afternoon, at which time Mr. Adarns told him he would be at the meeting this afternoon. City Manager Carey noted that he was informed shortly thereafter by Mayor Martini.

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Minutes of the Special Meeting of the Sparks City Council for May 7, 2007

Council Member Schmitt asked if the Council's Independent Counsel, Brent Kolvet, informed that this would be the situation today. Mr. Carey stated that no, he was not. Council Member Schmitt said this was an unfortunate situation because the Council was informed by their attorney that it was best if they did not have communication with Mr. Adams and that Mr. Adams did not represent this City Council during the time the Council had this conflict with Mr. Adams. He said that he felt that Mr. Adam's failure to notify the City Council that he would be present at today's meeting is another form of intimidation of the City Council. He recommended that we adjourn this meeting and continue these two items to next week's meeting. He also requested an item on the next agenda to make it official that only an Assistant City Attorney and not the City Attorney represents the Council at meetings until the conflict is resolved.

Mayor Martini asked for discussion on Council Member Schrnitt's suggestion. Council Member Carrigan stated he was not going to be present at next week's meeting, so he would just as soon hear these two items now.

City Manager Carey stated that he was not aware of a prohibition from Mr. Kolvet regarding Mr. Adams attending this meeting; however, he could refer this matter to Mr. Kolvet or the City Attorney could answer Council Member Schmitt's concerns. Council Member Schmitt said he did not think there was a prohibition from Mr. Kolvet, but it was his recommendation, if he recalled correctly, that we did not have Mr. Adams representing the City Council while there was a conflict.

Council Member Mayer made an appeal to Mr. Adams to ask one of his assistants to replace him at this meeting because he felt that with only nine days left in this year's Legislative Session, he felt that the Legislative Report was very important and shouldn't be delayed. He also noted that item 6.2 has already been postponed once before. Council Member Mayer then appealed to Mr. Adams' ethics and common sense and asked him to have one of his Assistant City Attorneys attend this meeting so the items could be heard. Mayor Martini asked if there was further discussion or a motion. Council Member Mayer asked for a response from Mr. Adams.

City Attorney Chet Adams responded that it was his understanding that the Council felt that the fact that he was present at this City Council Meeting was preventing the City Council from conducting business; however as he read the City Charter, he was obligated to appear at City Council Meetings. He said with all due respect, he would decline Council Member Mayer's invitation to go and find an

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Assistant City Attorney to engaged in litigation and meeting. He said that if

take his place because they are all currently other matters and are unable to attend this Council Member Schmitt or any one else

believes he is here unethically, then he invited them to do what Council Member Schmitt did months ago, and either file an ethics complaint against him or actively solicit someone else to file an ethics complaint. I A motion was made by Council Member Schmitt to continue the rest of this meeting to next Monday at the regularly scheduled Council Meeting. The motion died for lack of a second.

Council Member Mayer said he was really torn because he also recalled that there was discussion that the City Attorney not attend the Council Meetings until the conflict is resolved, however he felt that these items were too important to continue to another meeting.

The meeting then continued.

6. General Business: 1 6.1 Time: 3:50:29 p.m. ~ Legislative Affairs Government Affairs Manager Rob Joiner reviewed the following bills

currently going through the Legislature:

Affordable Housing - AB527 - it passed out of the Assembly and it has been scheduled for the senate-side this week. There have been some additional amendments to this bill and staff is following them to make sure that they are not adverse to our intent. He noted there are several other affordable housing bills and several have been introduced, coming out of the Assembly to the Senate with no further action. However, this afternoon, on AB462, (the clean up bill from last session where we were required to do two or more appraisals on the sale or lease of public lands) there was a sponsor to reduce the number of appraisals to one, with some caveats. He said this was heard this afternoon and there was some concern about having to do an auction for a lease. Selling land is one thing, but leasing is different.

SBlOl - the Sparks charter bill - there was language requested to make it clear that before the Council seeks outside Counsel, they would hold a public hearing.

AB14 - the collaborative graffiti bill - was heard last week and passed I out the same day.

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AB160 - the remaining bill regarding annexation, has been very problematic in that from it's onset we opposed that bill because not only would it create new noticing requirements for contiguous annexations, it would also change the governance model for the annexation commission, which is currently the Regional Planning Commission. He said that even though this bill passed out of the assembly, it is not going to the Senate and there are changes every day to this bill. He said the original amendments that we proposed, we are once again proposing them because we were asked by the bill's sponsors what could we agree to in this bill. The one thing we could agree to was, better noticing-to do the same thing we do for other land use matters. He said this is really the only thing we can support without opening a whole can of worms; the way we annex properties. A discussion ensued regarding who was behind the bill (no-growth proponents); how we currently notice annexations; and how the County does annexation.

SB203 - this is the bill for funding the Larry Johnson Community Center and extension of the Rock Park funds. The money bills have been exempted from the deadlines and we probably won't hear about it until the last few hours of the session, when they deal with all the last minute money items.

The bill on the statewide franchising agreements has passed out of the house and has been heard. It went through the ways and means last week and is back on track to the Senate.

SB487 - the water bill - will be heard this Wednesday at 8:00 a.m. Council Member Carrigan asked if Washoe County, who okayed the bill on the interim committee, is now opposing the bill. Mr. Joiner said they haven't said they are opposed, but they have said they have concerns and the question they have is does this help or hinder the issue of growth paying for itself. The sponsor of the bill has made it very clear that it is more efficient and brings together for the first time the entities, water resources, the County and TMWA.

SB66 - the tort reform bill - this is in ways and means. The Council is not opposed to the bill, but there is concern about the caps. There was a cap proposed of $250,000.

SCRlO - the bill to request an interim study on local authority and revisiting Dillon's rule and seeing if there is some middle ground.

Mr. Joiner said they continue to have weekly meetings with League of Cities and the Urban Consortium. They have a meeting with the Urban Consortium tomorrow where they will be discussing the cost of

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of the Special Meeting of the Sparks City Council for May 7,2007

road maintenance and if we were to accept state roads, what that would mean to our bottom line.

Mr. Joiner stated that recently the Walker Tribe rescinded their authority and permission for the DOE (Department of Energy) to use the railroad route through their reservation [for transportation of nuclear waste]. Many felt that this decision would cause them to amend their EIS (Environmental Impact Study) process to not deal with a detailed analysis of that as an alternate line. The Humboldt Water Authority brought to our attention recently that this is not the case and they are still considering it in the same manner as before that line was rescinded and a detailed analysis is taking place. He said a letter is being drafted for the Council to sign asking that the alternate route be lowered in priority.

Council Member Mayer asked about eminent domain bills, asking if the language has been added where the property owner is encouraged to go through the eminent domain process for the tax benefits. Mr. Joiner said he has not looked at the latest iterations of this bill because staff was told to remain neutral on this. He said he would check on this and report back.

Council Member Mayer asked if the affordable housing bill had been changed or if it was still proceeding with the threat of taking 1112~~ of our money if we don't meet affordable housing criteria. Mr. Joiner said there are six affordable housing bills and the one Mr. Mayer is referring to is still alive. He asked if we were the only ones that opposed this bill. Planning Manager Margaret Powell said she did not think we were the only ones opposing the bill and that she has spoken to her counterpart in Reno on this issue. It was noted that the money taken away is 1/12th of the real estate transfer tax.

Council Member Mayer said if the opponents are successful in killing the water bill, what will happen to TMWA. The response was we would return to the status quo.

There was also some discussion regarding an energy conservation bill that contained incentives for developers to do "green" projects; however it would take away an estimated $83 million in sales tax revenues from the state and therefore from the Cities and Counties.

Time: 4:32: 14 p.m. 58 An agenda item from Community Development Director Neil Krutz to recommending the City Council approve Resolution No. 3058, a

resolution opposing changes to the Regional Road Impact Fee m Program that would combine the presently defined Northeast Benefit

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Minutes of the Special Meeting of the Sparks City Council for May 7, 2007

District with any other Benefit District within the Service Area.

Mr. Krutz reviewed the history of this issue, stating that the Regional Road Impact fee was set up in 1996, initially with three benefit districts: one in the northwest portion of the Truckee Meadows area; one in the northeast Truckee Meadows area; and one in south Truckee Meadows. He said since that time any fees that have been collected or credits that have been issued in those respective benefit districts have been required to be used in the district in which they were collected; the idea being that the fee or credit would be utilized close to where the impact was realized. He said recently the RTC began a study to update the fees as they are required to do, by NRS, every three years. As part of the fee update process there is a technical advisory committee that is comprised of staff from the three local governments; staff from the RTC; and members of the development community.

He said that some of the members of the development community have asked for consideration that the three benefit districts be done away with and to just have one large benefit area where any fees or credits could be used anywhere in the entire area. This seems to be a result of what could be termed as a glut of impact fee credits on the market right now and opening it up to one large district would certainly allow the development community to utilize their credits quicker.

He said however, the staff has concerns about doing this because of the political nature of project selection. He said we feel we would be put in a situation where we would be competing with larger development interests in the south Truckee Meadows and having just one district, we would be open to suffering a shortage of the actual mitigation projects coming to Sparks. He noted that staff is asking for support of the resolution.

Council Member Carrigan asked where we were with the impact fee increases. Mr. Krutz said there is no set schedule, but it is taking longer than anyone had hoped it would. However, there have been numbers floating around the community anywhere from a four to five times increase: roughly a fee of $10,000 per single family residence. He said there was a joint meeting between the RTC Board and the RTC RRIF and it was his understanding there was some lively discussion from members of the development community of what would be tolerated by the system; however, no clear consensus came out of this discussion. So, the analysis will continue whereby the RTC and their consultants will look at what is needed to be constructed by the system in the next 10-year period versus the development units that are anticipated to be constructed.

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Council Member Carrigan asked if this was a preemptive strike because they haven't voted on anything yet. Mr. Krutz agreed that this was a preemptive strike; however when asked if the Council should get into the fee discussions, he said he would recommend against that and just let the staff fiom the three agencies and the RTC work through what appropriately shouid be in the fee.

Council Member Carrigan asked if it was true that if the fee goes up, the value of the credits a developer is holding also goes up. Mr. Krutz responded that the value would remain the same, but the value would change to meet the cost of the construction.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to adopt Resolution No. 3058 and retain the three impact fee districts. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion Carried.



9.1 - Time: 3:58:33 p.m. Comments from the Council Member Salerno thanked Mike Biselli and the GPS staff, Ron Council and City Maxwell and Tzutai Chang, on the nice work they did on the History Manager of Sparks charts that were placed outside the Council Chambers.

Council Member Mayer commended the crew working on Deer Park for taking the initiative to replace the siding on the pool building using surplus supplies fiom the service yard.

10. - Adjournment

Time: 4:32:07 p.m. There being no further business, the meeting was adjourned at 4:32

Mayor

City Clerk >>>

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SPECIAL MEETING OF THE SPARKS CITY COUNCIL April 30,2007 9:00 a.m.

1. - The regular meeting of the Sparks City Council was called to order Call to Order by Mayor Geno Martini at 9:00 a.m. in the Council Chambers of

the Legislative Building, 745 Fourth Street, Sparks, Nevada.

2. - Roll Call


PCN07007, Immaculate Conception Church, Resolution No. 3058, Master Plan Amendment; and Adoption of Bill No. 2542, , Rezoning from R1-15 to PF on 9.10 Acres at 2900 North McCarran Boulevard

Mayor Geno Martini, Acting City Clerk Carrie Brooks, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney David Creekman, PRESENT. City Attorney Chet Adams, ABSENT.

Staff Present: Tom Clewell, Marc DeLaTorre, John Dotson, Steve Driscoll, Pete Etchart, Andy Flock, Teresa Gardner, Stacie Hemmerling, Debi Hunt, Chere' Jigour, Neil Krutz, Adam Mayberry, Randy Mellinger, Tom Minton, Armando Ornelas, Robin Pagni, Linda Patterson, Summer Pellett, Margaret Powell, Tim Randolph, Wayne Seidel, Stan Sherer, Andre' Stigall, Chris Syverson, Tim Thompson and Teresa Wiley.

None.

An agenda item from Associate Planner Summer Pellett recommending the City Council conduct a public hearing and approve PCN07007:

Resolution No. 3058, a resolution adopting a change in the Sparks Master Plan from R1-15 (Single Family Residential) to PF (Public Facility) on a site approximately 9.10 acres in size located at 2900 North McCarran Boulevard, Sparks, NV; and

Bill No. 2542, a general ordinance providing for the rezoning of certain lands owned by Immaculate Conception Church from R1- 15 (Single Family Residential) to PF (Public Facility) on a site approximately 9.10 acres in the City of Sparks, located at 2900 North McCarran Boulevard, Sparks, NV; and providing other matters properly relating thereto.

Ms. Pellett explained that the applicant is requesting a change in the Master Plan land use designation and proposing to change the zoning so that they can have more signage for the Church. Currently they are allowed only 9 square feet of signage per frontage; they have two fi-ontages so right now they are only allowed a maximum of 18 square feet. By changing the land use designating and zoning, they would be allowed 1% of the ground floor area for signage; for a total of about 3 18 square feet of total

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the Special Meeting of the Sparks City Council for April 30,2007

signage, once their classroom building is constructed, which was allowed under the previously approved Special Use Permit. She said they would be allowed a total of two building signs, one monument sign and two free-standing signs. She noted that page 13 of the staff report showed a conceptual drawing of one of the free-standing signs they are proposing.

Council expressed concern that the Church was planning to start a private school. Ms. Pellett assured the Council that the classroom the Church is currently constructing is only for church related activities; however the PF zoning would allow for a private school, but only under a Special Use Permit.

In response to questions from Council, Ms. Pellett emphasized that the applicant indicated that the only reason for the zone change and master plan amendment is so the applicant can have more signage. She noted that with the current building they would be allowed 3 18 square feet of signage.

Council Member Schrnitt asked for clarification that if they wanted to start a private school, they would have to apply for a Special Use Permit. It was noted that a Special Use Permit did not require the approval of the City Council; only the Planning Commission. However the Council could appeal the Special Use Permit and require it to come before the Council.

Council Member Carrigan asked if they could condition this approval so that any application for a Special Use Permit would have to have the approval of the City Council, in addition to the Planning Commission. City Attorney Creekman responded that the Council could put into the motion that they would like to be notified that a Special Use Permit for a school has been applied for, but the requirements of the ordinance obligates one or more of the City Council Members or the Mayor to request City Council Review of the Special Use Permit, in writing to the City Clerk, within 2 1 days of the Planning Commission's action.

Council Member Smith asked if there were any restrictions on the height restrictions. Ms. Pellett said they currently would be allowed two building signs, one monument sign with a maximum height of 6 feet and two fiee-standing signs with a maximum height of 16 feet.


Mr. Tom Casazza, HMC Architects, representing the applicant, stated that the classroom is for catechism classes only and that

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Minutes of the Special Meeting of the Sparks City Council for April 30,2007

4. - Adoption of Bill No. 2543, PCN07008, Application for a TO Overlay District at 1 "C" Street

they have no plans for a private school that he is aware of. He noted that the Special Use Permit already has specific language in it that says if they want to change it to a school; it would have to be brought back for a Special Use Permit.


Council Member Schmitt asked if Code Enforcement has received any complaints regarding the requirements attached to the current Special Use Permit. Ms. Pellett said they had received a few complaints prior to the Planning Commission meeting, however, in researching those complaints in conjunction with Code Enforcement, it was found that the Church is in compliance with the conditions of approval. Council Member Schmitt asked if we kept track of the complaints. Planning Manger Margaret Powell stated that once a complaint is resolved, they do not have the capability of tracking how many complaints or how often they are made.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to adopt Resolution No. 3058, associated with PCN07007, certifLing the Planning Commission approval of a change in the Master Plan, adopting findings MPl through MP4 and the facts supporting these findings as set forth in the staff report, with the request that the Council be notified if the Church applies for a Special Use Permit for a school. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion Carried.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to adopt Bill No. 2542, the rezoning request associated with PCN07007, to rezone approximately 9.10 acres from R1-15 (Single Family Residential) to PF (Public Facility) based on Findings Z1 through 23 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

An agenda item from Associate Planner Chere' Jigour recommending the City Council conduct a public hearing and approve Bill No. 2543, a general ordinance providing for the rezoning of certain lands owned by Rock Ridge Investment Group, LLC, to apply the TOD (Transit Oriented Development) Overlay District to the TC (Tourist Commercial) zoning district on a site approximately 1.6 acres in size in the City of Sparks, located at 1040 "C" Street; and providing other matters properly relating thereto.

Senior Planner Tim Thompson noted that this was a request to rezone the Silver Club Hotellcasino site from TC to TC with a

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.he Special Meeting of the Sparks City Council for April 30,2007

TOD overlay. He said this would allow the applicants to use the Interim TOD Standards. He emphasized that while there is currently no project submitted to the City, the applicant intends to convert the hotel to condominium units.

Council Member Carrigan asked where the boundaries of the TOD area were and if it was the intention of the City to require each property owner to do a rezoning in order to utilize the TOD. Planning Manager Margaret Powell responded that staff is in the process of identifying specific sites that they feel the Interim TOD standards would be appropriate for; and they will be bringing a rezoning request for about 20+ properties to the Council. She noted that when the final TOD standards are in place, they plan to do a mass rezoning. She said that they felt that for the interim, the cost for the legal description for that mass area was not productive to do for the interim because we would have to do it again for the final.

There was some confusion as to why the applicants were requesting this overlay, when they did not own the property. The 1 response was that the owners of the property have given the I

applicant permission to make this application, and they are aware of this public hearing. It was also noted that the TOD overlay would not affect the use of the property as a hotel and that it would more than likely make the property easier to sell.

Mr. Chris Baker, Summit Engineering, representing the applicant, confirmed that the applicant wanted to speed up the process to do a proposed project, and now even though the project has gone awry, they still want to go ahead with the rezoning.

Mayor Martini opened the public hearing and asked if anyone wished to speak on this matter. There being no one, the public hearing was closed.

A motion was made by Council Member Smith, seconded by Council Member Salerno, to adopt Bill No. 2543, the rezoning request associated with PCN07008 (to apply the TOD (Transit Oriented Development) Overlay District to the TC (Tourist Commercial) zoning district based on findings Z1 through 2 3 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion Carried.

City Manager Shaun Carey provided a verbal review of the 3f Preliminary City Manager Budget Recommendations, and noted

he was looking for the Council to review the document today and br the to provide direction on things they would like to have changed or

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I


FY 2007-08 Budget considered. He said they will be bringing back the final recommendations on Monday, May 14'~. He noted that there were required public hearings scheduled on May 15'h, and on Monday, May 2 1 ", the final budget will be up for approval.

Mr. Carey referred to the table on the first page of the budget report, stating it represents the first time since 1993 that Sparks has not exceeded its budgeted revenues, based on the State of Nevada estimates. He noted that month after month the sales tax revenues have continued to be very slow in Washoe County and in the State of Nevada and he feels it was a very good decision last year to remain conservative when budgeting for this year. He noted that 47% of our revenues in the general fund come from the sales tax category, so our budget is highly susceptible to any swings in revenue.

Mr. Carey said early actions taken to implement budget control measures included cutting back our services and supplies expenditures; to delay the hiring of some positions; and to reallocate some temporary workers to the road fund.

Mr. Carey noted that we are in the final stages of negotiations with the Fire Union and a contract to come up for consideration in May. He emphasized that the impacts of that contract were budgeted both for this year and the upcoming year. He noted that we have implemented the full four-person staffing and have had an unusual run of overtime and call-back costs, not necessarily associated with the four-person staff, but more as a result of work-related injuries and the like.

He said that with the cost containment measures we have in place, along with the Council's direction on the 23rd that he implement a broad set of measures to keep expenditures below the authorized budget level, we will continue to operate the City on a very lean basis and not make expenditures which are not absolutely necessary for the direct provision of services; and to continue to defer as much of the hiring as we can without losing service, so we will continue to be under budget.

Mr. Carey stated we will end the year with a fund balance of 3,581,000+, which will change when we close the year, but this is the best estimate we have now. This was better than what was in the budget recommendations for last year. He noted that once again we will not be using the contingency fund, which provides a very solid starting point for the coming fiscal year.

Mr. Carey noted that Sparks' growth has slowed in the residential area, but continues to grow in the construction of the business and

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he Special Meeting of the Sparks City Council for April 30,2007

industrial community, particularly along the Pyramid Highway, which gave us a real boost in our property values. He then reviewed the major changes in the Tentative Budget, including cost-of-living increases and new needs for public safety. Police Chief John Dotson discussed the three positions to be hired in the Police Department. There were three over hires of police officers to be sent to the February academy. Chief Dotson advised that an Information Technology Specialist is one of the three positions authorized by the new needs information. With the 5 new sworn positions, we will be at 1.3 officers per citizen.

Mr. Carey noted that the Fire Department 4-person staffing for the remaining engine company is the only other new need that will be implemented in this budget year (hiring of three additional employees). We are reducing the transfer from the General Fund to the Parks fund of $880,975, health insurance costs at $750,000 (this is the third year that health care costs have gone down), self- insurance fund $400,000 (analysis indicates the fund is stable and can be reduced) and charging some of the maintenance costs for the parking garages and Victorian Square maintenance ($420,000) back to redevelopment to relieve the General Fund.

Mr. Carey stated we have a two cent debt to operating transfer available, because we are in the declining years of paying off the bonds associated with the police station. He noted that with these shifts, the City's projected resources for next year are about $73 million and our expenses would rise to $68 million.

Council Member Carrigan asked how we can reduce the Parks & Recreation fund transfer. Finance Director Tom Minton advised that there was a fund balance that had just built up over the years, so we are not taking anything away from them.

Council Member Smith voiced concern that there is no capital investment being saved. The Mayor asked what would happen if we do not transfer the 2 cents, it would pay down debt. There is not an operating deficit.

Council Member Carrigan asked how the FIP works. We got ahead of ourselves and stepped up for the Ctax bonds that are producing the LDJ Community Center, the design of the City Hall and the Golden Eagle Regional Park.

Dick Bowers discussed the impacts the economic slow down is having on cities that do not have a financial cushion. One of the things that Sparks brings is the ability to move resources to continue services.

Page 6 of 14


Council Member Schrnitt asked about moving the 2 cents from debt to operating, stating all it does is postpone our entire capital improvement funds. Mr. Carey said the City Council is given the opportunity to lower the tax rate and increase the operating rate because we are in the last few years of paying off the debt (of the Police Station) so the money is not needed for debt. He said they could dedicate the money to the facility investment plan; however, for the past several years the Council has moved money from the debt to the operating fund because we are a growing city and we are adding $600,000+ in public safety spending this year. He said taking 2 cents of debt where it is no longer needed and using it to cover new expenditures at a time when we are not seeing revenue growth seems the prudent thing to do in this budget. He pointed out that we only have 2.95 cents remaining before we reach the tax cap, but it is not feasible to ask for increase in property tax and we do not have the capacity to do the large capital improvement projects, such as a city hall. Council Member Carrigan asked Mr. Carey to explain how the Capital Investment Plan works. Mr. Bowers commented that this issue is what many cities are facing and most are not fortunate enough to have a cushion to carry them through this limited recession.

Mr. Carey said we are using a lower forecast for revenues for sales tax than what the state has forecast, to make sure the budget is managed conservatively. The Finance Director will come back in September and January 2008 to discuss a plan if there is a better outcome with revenues.

Council Member Carrigan asked if the Council should set priorities today if the revenue comes in over the State projections. Mr. Carey stated that it might be better to wait to see if we can get back to the 8.3% in reserves. Finance Director Minton reminded everyone that revenues compound up as well as down and we need to make sure they come in before we spend them.

Mr. Carey stated the new needs that came in from the departments for the year were a combination which met the Council priorities or allowed the Departments to achieve their key service standards. They amount to some $9 million in new needs and are broken down into one-time and recurring costs.

Under New Needs, Mr. Carey noted that the Cancer Screening costs requested by Council Member Mayer are not ready yet, but should be ready by the May 1 4 ~ ~ meeting.

Council Member Mayer asked about the Parks Master Plan and incorporating it into the City-wide Master Plan. Mr. Carey advised that there are better resources available for doing just the

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the Special Meeting of the Sparks City Council for April 30,2007

Park Master Plan.

Mr. Carey then discussed the following funds beginning on page 44 of the budget document:

CIP: $5.4 million in road fund expenditures in the "Road Ahead Program", which includes some RTC/NDOT matching fund projects. He noted that capital funds are also earmarked for Phase I1 of the carpet replacement at the Police Department; bringing the elevator at Fire Station No. 1 into compliance with the Americans with Disabilities Act (ADA) requirements; and continuing to work on some of the projects along Vista Boulevard.

He noted the FIP is slated to fund the design of Phase I1 of the Community Center; Phase I1 of the Victorian Square construction plan; site assembly for Victorian Square; and a final push to finish Golden Eagle Park ($4.9 million). I Fund 1405 - we are not able to make a contribution from the General fund to this fund this year, but we are spending down the reserves on some critically needed project including the roof

I I

replacement at the Fire Station Headquarters; replacement of a I

generator at Station No. 2; and replacement of the roof at Station No. 4.

In Parks & Recreation we have budgeted for three more call stations at the Marina; renovation upgrades for Memorial Park will get underway; we are continuing the Art in Public Places program in conjunction with Youth Works; roof repair for Alf Sorenson is also on the list.

Council Member Carrigan asked about the RSCVA payback for the whitewater park and who determines whether the City can afford this. Mr. Carey responded it was the Council that made this determination.

For the Park District Funds, Mr. Carey noted we are trying to replace the shade structures at Aimone and Oppio Parks and begin some trail improvements in District No. 1. In District No. 2 we have appropriations for unexpected parks. These are growing areas of the City and expenditures are as yet unidentified.

Council Member Smith asked for an explanation of project 8013. Mr. Carey responded that currently there is no sidewalk along the east side of Prater Way and no sidewalk along the west side of McCarran and this will place sidewalks in these areas through a stewardship enhancement agreement with NDOT.

Page 8 of 14


Motor Vehicle Fund: We are going to change the fund and start charging based upon the actual cost of the vehicle, including depreciation and operating costs. The focus this year will be on replacing the public safety vehicles and we will look at the non- public safety vehicles on an as needed basis.

Development Services Enterprise Fund: There has been a slowdown over the course of the past year, but they have several very large projects on the horizon and they have asked for approval of their new needs on a contingency basis so they can fill the positions when they need them for the large projects. Mr. Carey noted that the fund is healthy and stable and they are watching expenditures and only filling positions when they are needed.

Sewer Fund: Healthy and on-track to perform within the current rate structure; however we are going to hold new positions in our Sparks utility system to get us through the end of the rate study, so we can look at the rates without having to add new permanent positions. These positions will be added as contingencies and they will come back once we look at the new rate study.

Truckee Meadows Water Reclamation Facility (Treatment Plant): Our biggest concern is the rising cost of chemicals and the power used in the treatment process. We will be holding the line on new positions that are Sparks associated until the rate study is completed.

Health h d s are all operating well and are receiving a decreased transfer of cash for this year. However, we are continuing to monitor the Worker's Compensation for our unfunded liabilities associated with police and fire.

Redevelopment Area 1: Overall revenues decreased by 2.3%, but this may change between now and the final budget, but this represents a loss of about $97,000. Our debt service is the primary use of revenues. We are continuing to move construction on residential workjlive units and the implementation of Phase 11. $300,000 is needed for repair of the C St. Parking Garage and there is $40,000 in the budget for the City Council's commitment to the Washoe County School District to fund improvement or program enhancements at schools serving students located within Redevelopment Area 1. It was noted that we have made substantial investments in Robert Mitchell, Kate Smith, and Sparks High School. Mike Carrigan stated that we need to do a better job of advising the community about what we are accomplishing at the schools - he noted that even some of the teachers at the schools think that the h d s are coming from the School District and not

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:he Special Meeting of the Sparks City Council for April 30,2007

the City of Sparks.

Redevelopment Area 2 continues to grow in strength and has increased in value by 5.2%; about $63,000 in revenues. We do have debt, which was issued to get as far as we have the start up of the Marina improvements; about $900,000 per year. We have a pending sale through a DDA of 10.5 acres owned by the Agency which will occur within the coming budget year. With the successful refinancing, we believe the Agency will be in a solid position to begin considering where you want to make investments; however we are not proposing, at this time, a set of capital plans for the money. There will need to be a workshop with the Agency staff.

Mr. Carey said that we have a solid, conservative budget for the year ahead, and he has a lot of faith in the Departments, that they are going to control their expenditures and we will return to compliance with the financial policy of 8.3% in reserves.

Council Member Carrigan asked for clarification of the numbers for the total budget and the general fund budget, because a lot of people think we only spend $68 million in the general fund and they are not aware that we spend much more than that in other consolidated funds. Finance Director Tom Minton said the total for everything, excluding the redevelopment hnds, is $103,715,000.

Council Member Mayer asked about the funds that are designated for the Whitewater Park. Mr. Carey stated that those are State funds and we are hoping that the legislature will act on extending those funds, because our plans to use concrete in the river were rejected by the Corps of Engineers. We are currently in negotiation with the Corps on our revised methodology of creating the whitewater park. He said it is unlikely that construction will occur this AugusttSeptember as scheduled. The US Fish & Wildlife Service is most concerned with the migration of endangered fish if we alter the environment. The monies in this budget will be set aside and if our plans for the whitewater park are turned down [permanently], we could find other uses for the money.

Council Member Schmitt asked about Fund 1401, the Road Fund, and what this includes. Mr. Carey advised that this does not represent the total investment into the street program because there is an additional $3.8 million that goes into the overall growth maintenance activities. Fund 1401 is the Road Ahead Program and of the capital side of our road programs. He said it also includes preventative maintenance, corrective maintenance and the

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crack sealing and additional street maintenance workers who are doing the extra push to get roads prepared beyond our capacity to take advantage of the Road Ahead program. Council Member Schmitt said it was his understanding that we have 5 million square feet streets that have already been crack sealed and are ready for slurry sealing. Public Works Director Wayne Seidel said he will confirm the amount of streets we have ready for crack sealing. Council Member Schmitt said he would like to see us maximize the resources to take advantage of road funds.

Council Member Schmitt asked how the restructuring of the Legal Department would affect their budget? Shaun stated that we should budget the Legal Department as presented and the Council could make additional budget decisions when more information is provided in the future, based on directions previously provided to staff. He said once the parameters are clearly established and evaluated, then action can be taken to change the budget.

Council Member Schmitt noted he attended a budgeting workshop in Little Rock, AR, where they gave some pretty dramatic projections of the Federal funding cuts coming in the next few years. He said it is anticipated that the funds local governments are receiving today will not be there in three years. Mr. Carey agreed that there is reaspn to be very concerned about the Federal program affecting the State and the State affecting the County and the Cities. He said Neil Krutz will be serving on a transition team to help the Washoe County Health Department who is really seeing a downturn in Federal grants and State support. He said this concerns us because we rely on the County Health Department to act as the City's Health Department. He said if the trends continue, by 2013 Federal tax dollars will have to double or 60% of services will have to be cut. Council Member Mayer said the Federal Highway fund will be non existent in two years.

John Mayer recalled that that the County had agreed to raise the amount of fuel tax they pay us. Mr. Carey stated that an interlocal agreement has been drafted and is being reviewed by RenoISparks and Washoe County, but it has yet to be placed on an agenda for approval. He said once it is acted on by the various entities, we will adjust the budget at that time. He said it will have a positive impact of about $90,000 for our road h d .

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to adopt Bill No. 2542, the rezoning request associated with PCN07007, to prepare the City Manager's Final Budget Recommendations Report for the 2007 Budget year. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 1 1 of 14

.he Special Meeting of the Sparks City Council for April 30,2007

Mr. Carey stated this was a traditional item that is placed on the Spring agenda to give the Council an opportunity to have a discussion regarding how our business practices, meetings and

md retreats are working. He said he did not have any specific change itions to recommend, but he did want to give the Council an opportunity

to comment.

Mayor Martini asked for input regarding communications with our Citizens' Advisory Committee (CAC) and where they wanted to see this going; if it is going in the right direction; and whether we needed to make some changes. Council Member Smith stated that the Committee is not representative of the entire city and that only a couple of wards are represented; their attendance is not very good. He said we need to look at how we are going to get people to participate, because it is the same five people at the meetings all the time and they seem to be coming from the position of after the fact. I Mayor Martini asked if the Council felt that giving them more direction or "teeth" would improve the Committee. Council Member Schmitt stated that as a Council they have spent a lot of effort to design citizen participation projects and feels that the

I

Council needs to continue to put their efforts into the six areas of the SMILE project, and empower those folks to look at issues pertaining to their group andlor expertise. He added that the Citizens Advisory Board is not providing benefit - just tying up staff time. He said that they could remain as an information gathering board; however, structuring it as a board to work with the Council is not working. Mayor Martini said he feels that we are not getting anything from the Committee because the Council does not give them any direction, but in the past some good things have come from the Committee. Mayor Martini said the Council did not want them to discuss land use projects and either we give them direction or disband them.

Council Member Salerno asked how the attendance at the SMILE meeting was doing. The comment was that it was small, but that the program is just getting started. Council Member Mayer remarked that RTC appreciates the CAC, but the RTC provides information to them ahead of time and tries to listen to their advice. Council Member Schmitt stated that he agrees that RTC and train trench issues are good for them to review and gather information on; but as a hands-on, getting good feedback committee, SMILE will be a much better project. Need to define purpose and structure of CAC.

Public Service Coordinator Marc DeLaTorre was directed to look at the bylaws of CAC and put the onus on them to recruit members

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from each ward.

Council Member Smith commented that maybe we can incorporate the CAC into the SMILE program. Mayor Martini said it would send the wrong message if they did away with the CAC. Council Member Mayer suggested the Council Members could appoint people to the CAC. A comment was made that the bylaws do not give them a sense of ownership in the committee.

Council Member Carrigan stated that he attends the meetings of the various homeowners' associations in his ward and he gets plenty of feedback from them, so he hasn't used the CAC. Council Member Schmitt said we need to do more than just get feedback from various groups; we need to build leadership within the community. Council Member Mayer suggested that Marc look at the structure of the CAC and suggest some changes that make it more valuable and effective and to talk with each Councilman and see what they would like to change.

Mayor Martini asked if the Council would like to share in the dinner circuit and ribbon cuttings, etc. He said there were more than enough of these things to go around and he did not want to "hog" all the good stuff] He suggested that he send out e-mails regarding invitations he has received and if they want to attend a particular ribbon cutting, dinner, etc., as a representative of Sparks, then they can let him know and go in his place. A comment was made that when organizations invite the Mayor, they want the Mayor. Mayor Martini commented that he can't accept every invitation. Councilman Schmitt stated that he would like to see that every event is covered by someone, so if no one volunteers and the Mayor can't make it, then someone gets appointed to go, so there is a representative from Sparks at each event.

Council Member Carrigan stated that instead of polling the Council to find a good day to have a special meeting or workshop; he would prefer to reserve all the Mondays of the month for Council Meetings. Mr. Schmitt asked if this means just City Council meetings or other meetings as well. The response indicated it was all city meetings that involved the Council. Council Member Mayer said that he likes the idea of just blocking out Mondays, but felt that there may be some meetings they would have to have on other days of the week. Council Member Mayer suggested that we hire one person who does Calendar Point to keep all the meetings updated and accurate.

Council Member Carrigan said he felt that if staff and other entities knew the Council was available on Mondays, it would make setting up meetings much easier. He also said he would like

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to get his agenda disc earlier than Wednesday at 5:00 p.m. It was noted that the Agenda is Posted on Tuesday, after 3:00 p.m. A question was asked as to whether it was feasible to get the discs prepared before the agenda was posted without having a lot of changes. After more discussion it was agreed that staff would attempt to have the complete agenda materials available to the Council on disc by Tuesday at 5:00 p.m.

7. - City Manager Shaun Carey noted that the joint meeting this Comments from the afternoon was a wonderful opportunity to meet with City of Reno Council and City to find a common agenda and set up action plans to advance and Manager create change. He said we need to not focus on the past but where

we want to go in the future.

Adjournment to Lunch There being no fbrther business, the meeting was adjourned at 1155 a.m.

City Clerk >>>

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Mayor

SPECIAL JOINT MEETING OF THE SPARKS CITY COUNCIL AND THE RENO CITY COUNCIL

April 30,2007 1 :00 p.m.

1. - The regular meeting of the Sparks City Council was called to order Call to Order by Mayor Geno Martini at 1:00 p.m. at the Larry Johnson

Community Center, 1200 1 2th street, Sparks, Nevada.

2. - There was no flag present in the room, so the Pledge of Allegiance Salute to the Flag was not recited.

Roll Call SPARKS: Mayor Geno Martini, Acting City Clerk Carrie Brooks, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney Shirle Eiting, PRESENT.

RENO: Mayor Bob Cashell, City Clerk Lynnette Jones, Council Members Pierre Hascheff, Dan Gustin, Sharon Zadra, Jessica Sferrazza, Dwight Dortch, David Aiazzi, City Manager Charles McNeely, PRESENT.

Sparks Staff Present: Marc DeLaTorre, Steve Driscoll, Adam Mayberry, Randy Mellinger, Linda Patterson, Wayne Seidel and Victor Villarreal.

Reno Staff Present: John Ester, Chris Good, LeAnn McElroy, Jim Johns, plus other staff who did not speak and who were not otherwise identified at the meeting.

4. - Comments from the None. Public

5 . - City Manager Shaun Carey introduced the facilitator for today's Introduction of Facilitator meeting, Mr. Dick Bowers. Mr. Bowers said it was his and Discussion of the understanding that each of the two communities would present Purpose of the Meeting their top priorities and then they would examine the points that

intersected with one another; concentrate on those common priorities; and then prioritize those issues which could best be done on a collaborative basis. He said his goal was to keep the dialog on a policy level, which would allow us to move forward and better serve the community.

6 . - Reno City Manager Charles McNeely said they felt the best way to Discussion of the get the discussion underway would be to have staff go over what Established Priorities of the priorities are for each City and then allow the Council to open the Two Cities and the discussion on the opportunities for the two Cities to work Similarities Between together. He then asked his staff to present their seven priorities.

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the Special Joint Meeting of Sparks and Reno on April 30,2007

Mr. John Hester - Community Development Director for Reno - I. Planning

1. Growth - Issues, Management, etc. The general city survey reported that growth was the number one issue for 30% of the Reno citizens, so they are now doing a survey that is very detailed with regard to what "growth" actually means to the citizens. He said they anticipate the survey will show concerns regarding: Traffic and traffic hot spots. He said they are working on implementing their new Open SpaceIGreenways plan.

2. Neighborhoods - street system and rehabilitation; where are we and how much are we above the pavement condition index and funding sources

3. Pools & athletic clubs - Moana pool and city-wide what do we need and how do we fund those needs.

4. Golf Courses - Rosewood and the flood impacts and the proposed southeast connector on that golf course; and what should we be doing in the golf business (consolidating; merging; contracting out, etc.)

5. Neighborhood Advisory Boards (NABS) - their role in reviewing and voting on development

Mr. Chris Good - interim Director for the Community Relations Division at the City of Reno - 11. Communications - six key approaches to better utilize the

direct channels to reach out to residents: 1. Website - to enhance the website with a new vendor who

will re-design the site and change the way people get their services on-line

2. Town Hall Meetings (one for each Council Member) 3. Channel 13 - direct medium, expanding the diversity and

type of programming by bringing in new community partners

4. Newsletters - traditional method 5. Reno Direct - enhance access to the call center 6. Community Partnerships/Relations - an example would be

the Reno Clean and Green Program (neighborhood clean- ups in different parts of the City each Saturday in April). New partnerships included Computer Corps (recycle computers and electronics) and Habitat for Humanity

6. Implement the recommendations we received in their Communications Assessment (done a few years ago by Bentz Communication)

Chris Good said that in the coming year they expected this list to change, because they have accomplished so much. He said he expected to add Long-Term Communication Strategies. They

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Minutes of the Special Joint Meeting of Sparks and Reno on April 30, 2007

have hired Terri Hendry, who will be working on a number of different issues that they know will remain top priorities in the coming years.

Ms. LeAnn McElroy - Chief of Staff for the City of Reno - 111. Green - this is the City's newest priority and this is the first

year they have had this priority. This came about as a result of the U.S. Conference of Mayor's Climate Protection Agreement. 1. Citizen participation - look at ways to encourage citizen

participation and what the public wants the city to do in terms of becoming a more sustainablelgreen community

2. Green Summit - about 400 people participated in this summit and 200 stayed to go into four breakout discussions: green building; transportation; sustainable energies; zero waste initiatives. There is a summary report available on the website.

3. Energy 4. Stabilization

Mr. Mark Lewis - Redevelopment Director - City of Reno IV. Redevelopment - they have had a lot of success and they want

to build on that success and take it to the next level 1. Special Projects - finishing the community assistance

center 2. 10 North Virginia - completion of the canopy and the retail

building with restaurants and retail right on the Truckee River

3. Parking Structure - 600 spaces in a mixed-use building somewhere in the downtown inner core of the city

4. Entertainment Core Retail Project - along Virginia Street 5. Beautification Projects - landscaping; public art; and

facades along many of the commercial streets; and additional streetscapes

6. Post Office - located right on the Truckee River, they are investigating acquiring that building for an historic reuse project

Mr. Jim Johns - Deputy Chief, Operations Division, Reno Police Department V. Public Safety Goals -

1. Safety - Public Service Centers - since funding in the State Legislature has taken an interesting turn, they will be revamping this goal and look at alternatives for funding; address the methamphetamine issues in our community; interact with the NABS and deal with alternative reporting methods (ARM). ARM has been in place for about 18 months has focused on what course of business we have

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always done; how effective has it been; how has it affected the response times to citizens. He said they are looking at a program called COP Logic which will allow internet reporting. He noted that they will be taking a burglar alarm ordinance, similar to the one in Sparks, to their City Council in July, in order to reduce the number of false burglar alarms. Efficiency Customer Service

VI. Intergovernmental Cooperation - Charles McNeely noted that this priority has no action plan yet, because: 1. The Council did not want to spend time working on this

priority unless there were other policy making bodies willing to commit time to do this. He said there have been some intergovernmental cooperative efforts that have been successful, including the Justice Center, the Public Safety Center and Animal Services. However, there have also been some efforts that have not been so successful, such as the public safety initiative, police consolidation, and parks and recreation consolidation.

2 . Charles McNeely noted that while the Council has given direction that they will work on this issue, staff is still pursuing the Fuel Tax issue internally as well as working on the Flood Project in cooperation with Sparks and Washoe County; and how best to get the Community Service Center completed.

City of Sparks - Priorities - City Manager Shaun Carey passed out two handouts, noting that each year the City Council sets budget priorities and longer-term strategic plans. Budget Priorities 1. Public Safety

a. Staffing of Police Officers - we are short 84 officers from the level we should have for a community of our size in the Western United States. We were behind the public safety ballot measure which passed in Reno and Sparks, but not in Washoe County. This would have provided us about 36 officers. He noted our budget this year will only provide 5 new uniform positions and one civilian position

b. Staffing in the Fire Department - as of September of this year all of our fire equipment will be staffed with four person staffing

2. Infrastructure - maintenance of the things we have as assets a. Roads - the Road Ahead program where we have

dedicated franchise fees to meet a need. Capital Assets b. Buildings - we need a new City Hall

3. Redevelopment/Economic Development

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Minutes of the Special Joint Meeting of Sparks and Reno on April 30,2007

a. Downtown - one of two areas, this is commonly referred to as Victorian Square. We hope to see construction of our first phase residential, followed by a commercial phase, including City Hall, in the coming year.

b. Regional Destination Project - The Legends at the Marina, a 1.2 million square foot destination retail project.

c. Copper Canyon - will add 13.5 million square feet of office space to our region and provide a better worWlive balance in our community

d. Kiley Ranch Business Park 4. Transportation - We want to be a leader in the region in

integrating transportation choices. This is a critical time for transportation in Northern Nevada and we need to be a leader in working with Reno, Washoe County, RTC, and NDOT to find solutions to the challenges that growth has brought to our communities. Our Council held a workshop on transportation last Wednesday and they agreed that they want to continue to work on the area of transportation

5. Appearance a. Neighborhoods - our city needs to focus on having our

neighborhoods reflect a stable welcoming community and we are doing this with our Code Enforcement efforts

b. Graffiti - We joined a statewide effort at the Legislature to increase the graffiti penalties

6. Citizen Participation a. Leadership - encouraging citizens to not just come to

meetings, but take a more involved role in our boards and commissions.

b. SMILE - our attempt to build the capacity for municipal leadership efforts.

7. Flood Control - a. Two flood events - we have had two Presidentially

declared disasters related to flooding in the past 10 years. We are pleased with the efforts we have had to date on the Truckee River and we need to keep pushing that project to its conclusion

b. Drainage issue - we also have problems elsewhere in our drainage system which were brought on by the flash flooding events that come with thunderstorms in the summer

Strategic Planning Goals - this is an effort by our City Council to work on things that are not traditionally captured inside our normal budget process but are designed to lead our City to be in a different place in five to seven years.

1. Balanced Community - a balance of affordable housing; housing in all ranges; preserve it's small town character; have

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an appropriate amount of employment centers 2. Become a Regional Leader - the problems that are confronting

our community today, exist not on just a city or county level, but in our region, State, and nation and we need to continue to collaborate and seek points of common interest to solve issues that can lead to longer-term solutions

3. Arts, Culture & History - we would like to build a stronger program than what exists today. This city is 102 years old and we need to challenge ourselves to maintain a respect for where we have been and understand where we are going with regard to history. Our arts program has started at a grass-roots level and we are looking to improve that.

4. Economic Development - Sparks must continue to focus its efforts to attract more economic vitality if we are to be successful under this tax structure and provide services in the long term

5 . Flood and Transportation Projects - there is a shortage of flood and transportation mega projects and there is a great need to assemble large capacity projects in order to keep this community moving

7. - Charles McNeely said that what often happens with joint meetings Discussion Regarding is that we walk out of the meeting without a sense of where we are Services going and what is going to happen next, so there is a degree of

frustration when nothing happens. He said there are a lot of commonality between the priorities of Reno and the priorities of Sparks and we are both working on the same kinds of things. He said they were hoping that the joint Council can give staff a sense of which priorities they want to pursue in a joint fashion. He said assuming this is the direction the Councils want to take; the second issue becomes how do we take the issues from this meeting and create some type of follow-up for staff. Mr. McNeely then outlined Reno's priority action planning process and suggested that this be used as a model for follow-up.

A citizen of Washoe County spoke regarding her concerns about the traffic congestion in the area and the need to do planning to alleviate the problem.

Mr. Bowers noted that with the exception of the Green issues, most of the priorities had common themes and what he felt we were looking for today was to understand the individuality of both communities, but find some common interests and common expectations. He said that Mr. McNeely was on point when he indicated that we need to not only have wonderful intentions, but those intentions need to be turned into action by staff bringing forth something specific for the Councils. He said first what are some common interests to get us excited about working together;

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within those common interests what are some specific actions we can take that will accomplish something in a reasonable period of time; and finally, when do you want to get together again and what do you want to see when you do.

Ron Schrnitt said we need to look at things at a much higher level because the number one issue he sees is that we have a failing tax structure inside Nevada and as a local government, we get the short end of that stick. Being the leaders of communities, we need to sit down and look at how we address these issues on the State level. He suggested some type of Blue Ribbon Collaborative to review the tax code within the State.

David Aiazzi said that we need communication with taxpayers to explain the tax structure so they can put the pressure on the Legislators. He suggested we work with the school district to put in the schools: how Nevada's government works; how we get our money; and how we can finance public safety.

Mayor Cashell agreed that educating the public regarding how government works is what we need to do.

Mayor Martini said educating the people is very difficult because the majority believes that we waste money, but that is not true; however that is the public's perception.

Mr. Bowers summed up the goal as being one of informing and educating the public about the complexity of the government.

Ron Smith suggested joint news conferences.

Mike Carrigan said he listed communication as his number one priority, stating we need to come out with our own media blitz to correct the misconceptions. He said the problem with informing and educating the public about issues is that you can't spend public money for things like ballot questions, so you have to be carehl of which issues you are trying to communicate and educate the voters on.

Mayor Martini asked if this was an action item. Mike Carrigan said he would love to see this as an action item. Mr. Bowers said that as an action item it would do two things: one, it demonstrates working together so people see it as a joint approach; and the other is that it starts to influence people at the grass roots level. Mr. Bowers pointed out, "If you frame your issues, but if someone else frames it for you, you react forever", so part of this would be getting ahead of issues and framing them for the public you are serving.

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John Mayer said we need to look at all these issues now because one problem today can become ten problems down the road. He said we need to get public support in order to be the type of community we want to be.

Charles McNeely said we need a long term message to deal with the long term issues, like water. We need to bring in other stakeholders. Both Reno and Sparks are struggling with the same issues. How do we connect with our citizens? There are new ways to connect; how do we use them? Shaun Carey noted that about 15% resources are in government and 85% in private sector. We need to seize the opportunity to make great cities by connecting where the resources are. We need to tap the residents and business community so they can make wise investments. He said if we set our targets and make them obtainable and attract the private sector to join us, we can get things accomplished.

David Aiazzi said it all comes down to talking to the public about what is going on because flood control, schools and public safety are all asking for a tax increase. We must talk with the public now, regarding what they want to do to get the process started, so when they are asked to vote for those tax increases, they are informed.

Dick Bowers outlined the discussion as follows:

Public Awareness - Focus on a Digestible Amount Flood Control Public Safety Train Yard & Storage - this is becoming an eyesore and as a regional issue, we need to get the train yard out of our community Schools - keep building new schools and there is nothing left for maintenance of the existing schools Street Rehabilitation Flood Control Growth & Impact Fees

Concern was expressed that if you have too many issues, there will be too many people working against each other for the one issue they want to advance. It was noted that some of the issues are time sensitive, such as local matching funds for Federal dollars, so we need to get started on that now.

Jessica Sferrazza stated that one of the complaints she hears most often is that growth does not pay for itself. She said the public has this perception that the Council can impose impact fees on developers; however, they don't, and we need to make this fact

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clear to the public. She also said that most people think there is wasteful spending in government and they don't realize that most of our budget, over 60%, is spent for public safety. It was also noted that in addition to impact fees, the depreciation factor and the tax cap affect our ability to make growth pay for itself and these are problems that must be solved in the Legislature. A comment was made that we must find a way to get people involved in supporting the legislation that we bring forward to get things changed, but that keeps getting turned down by the Legislators.

Ron Schmitt said we need to communicate that the tax structure in the State of Nevada is an antiquated structure and will not meet any of the needs of the State, the School Districts, or the local governments in 10 years. We are reaping the benefits of growth now, but in another 10 years, when depreciation takes effect, and growth is not at the same pace at it is now, we will really be in big trouble.

8. - Discussion and Potential Action to Establish Partnerships and Action

a Plans

Mr. Bowers asked the participants if there was anything on the list that isn't going to cost money, that would strengthen this alliance and that both entities can do together.

Pierre Hascheff said that the changing the Legislature is not the path of least resistance, and this should be a long term strategic goal; but we need to work on a short term strategies: what do we do at the governing board level, collaboratively; what do we do with RTC; how do we bring the County in as a stakeholder in these issues.

Dan Gustin said that they have heard a lot of information today that is relevant to what needs to be done; however, when looking at initiatives to raise money, the first thing that people look at is their checkbook. But communication and letting people know how the tax structure works is long term, and to get people to understand your position, you have to do something that benefits them. He said he came here today expecting to find out what the overall plan is and what the priorities are for Reno and for Sparks. He said so many of the priorities are intertwined, but we look at the things we want to educate and communicate to people and then have our staffs get together and find out how we can come up with some solutions in the short term. He said that when you show people how something directly benefits them and if we can pick out two or three things and work on them together, then we will have a lot more success in getting them to say yes the next time around.

Mr. Bowers said he is picking up two things: a long term strategy

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to set the tone; and a short term strategy to built trust -- show that we can do it together -- that we made something happen. He said we are looking for things that are highly doable in the short term and have a high visibilitylimpact. Some of the things suggested included:

Graffiti - removal within 24 hours or less Code Enforcement - address visibility - streetscapes, etc., is something that people see right away Traffic Enforcement - with the issue of public safety; doing additional enforcement in high accident areas - this is something we can do jointly and can advertise and promote joint efforts GREEN

Mr. Bowers said one of the things he is hearing is a fundamental point that you can work on together, that is not going to cost you a lot of money, but has a lot of pay off, is to direct staff to collectively come back to the Councils with a communications plan to positively influence public perception, public knowledge and awareness in a thoughtful way, that is visible. However, there are a lot of major, long-term issues, including such complex things as changing the tax structure, so they will rest while the "soil" is made fertile for the big issues. In the short term they will find I -

some things to do that will say "look how we can work together".

He noted that there were a lot of things we could do with regard to making our City more "GREEN that won't cost us anything. Mr. Bowers also suggested that they pick a small number of things that they can get done in three months, so that when they meet again, they will have something that actually got done.

i i

A suggestion was made to pick a corridor (geographic area) that is common between the two cities to concentrate our Code Enforcement and other efforts on (such as the 4m Street corridor). Another suggestion was to really promote the joint DUI tax force efforts because it is a highly visible activity. i Mayor Cashell said this has been a very productive meeting and he felt that having the two staffs work jointly on these issues and then report back to the Councils three or four times a year would be very beneficial.

Mike Carrigan said he would like to see a communication plan that would outline for home owners how much of their property taxes goes to which agency andlor to pay for what services.

I

Charles McNeely suggested that staff look at the top priorities to see which ones make the most sense to pursue and which ones

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would provide the best potential for success. He said if this determination was made at the staff level, they could then bring it back to the Councils at the next meeting.

Mr. McNeely said the one issue that was missing from the discussion is fiscal equity. He asked if this is something they wanted on the list because we have not had a lot of success with this issue. Mayor Cashell said we had to look at that issue and we also had to look at the fuel tax distribution. He said we can't sell it unless they know what it is when we talk about it. Charles McNeely said that the tax structure is something we would have to go after in the State Legislature; however, fiscal equity is a local issue and we could go after an interlocal agreement, if we wanted to spend time on it.

Jessica Sferrazza asked if it would be possible to get the C-tax issue revived in the Assembly. She also noted that the County has done a good job getting the citizens to the legislature and perhaps this could be a short-term goal in the next month to fix that funding in the next session. Mayor Martini said he felt that the only way this issue could come back to the legislature was if someone added it as an amendment to a current bill because the bill draft that we proposed never got out of committee and is now considered dead.

David Aiazzi noted that in the past 10 years Reno and Sparks have worked a lot better together than they did in the early 90's and by working together we have gotten some fiscal equity: for example, the County no longer double taxes us for the jail. He said the people in this room represent 75% of the people in Washoe County and the cooperation between the two entities has worked out very well for all of us.

Mayor Martini said what is great about Reno and Sparks is that we celebrate each others successes.

David Aiazzi asked if there needed to be a motion to try to bring back the C-tax issue in the Legislature. Mayor Cashell noted that both Reno and Sparks have been working on this issue and the worst thing would be if they asked for a study, because two years from now all the current problems will be doubled. Ms. Sferrazza said that each of them knew someone in the Legislature and that if they all put pressure on the Legislators, maybe we could get this issue resurrected. Mr. Aiazzi said the Legislature was not the only avenue: the County was going through their budget process right now and we should send people to those meetings to put pressure on them to give us more of the tax.

Page 1 1 of 12


Dan Gustin said one thing that hasn't been discussed, but that he wanted to mention, was how we are going to control the STAR Bonds in the future. He said that the pot is only going to be so big @ and we need to get a hold on what happens with them in the future.

John Mayer suggested that they should all go down to the Legislature in mass and attend the committee meetings and maybe I

that would help get the C-tax issue going again.

Dick Bowers summed up the results of the meeting by saying that the short-term and long-term issues that were discussed will be examined by staff and brought back to the Councils within the I

next three months and the meetings will scheduled periodically 1

until there is a process that everyone is comfortable with. He said I

I

the biggest umbrella item is the public perception and I I

participation; with a question of public finance which the mangers would like to work on and bring back. He said the issues that jumped out in the discussion were communication, 1 intergovernmental cooperation, and public safety and these issues will help guide the work that staff will do.

i

9. - Adjournment

A date was discussed for the next meeting and the consensus was to try for the first Monday in July.


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TRANSPORTATION WORKSHOP WEDNESDAY, APRIL 25,2007, 1:OOp.m. To 4:30p.m.

Call to Order: The Special Transportation Workshop Meeting was call to order by Mayor Martini at 1:02 p.m. in the Police Dept. Training Room, 1701 E. Prater Way, Sparks, Nevada. .

Roll Call: Mayor Geno Martini, Council Members John Mayer, Phil Salerno, Ron Smith, Mike Carrigan, Ron Schrnitt, Acting City Clerk David Fitzpatrick, City Manager Shaun Carey, Acting City Attorney Doug Thornley, PRESENT.

Staff in Attendance: Mike Biselli, Marc De La Torre, John Dorny, Andy Echeita, Jon Ericson, Pete Etchart, Danny Hamlin, Jim Herman, Neil Krutz, John Martini, Randy Mellinger, Derek Morse, Margaret Powell, Brent Quilici, Jim Rundle, Karen Todd, Wayne Seidel, Dave Vill; Victor Villarreal.

Others in Attendance: Derek Morse, RTC; Kent Cooper, NDOT; Roger Van Alyne, Washoe County; Michael Hayes, Sparks Dialysis Center; Jack Byrom, TMWA; Janine Kearney, Sparks Tribune; Greg Evangelatos, Carter Harris; Justin Potter, CAB Strategies; Leif Anderson, NDOT; Dennis Taylor, NDOT; Dale Sanderson, Washoe County School District; Kraig Knudsen, Tanamera; Jim Poston, RTC; Paul Curtis, Kiley Ranch.

Comments from the public:

Mercedes Parsons, a resident of Wingfield Springs, spoke regarding her concern about the lack of public transportation in new development areas.

Michael Hayes, Sparks Dialysis Center, expressed his concerns about the lack of public transportation for their patients (Vista Boulevard at Disc Drive), most of whom are disabled.

Pastor Tom Butler, Sparks United Methodist Church, expressed concerns regarding the widening of Pyramid to six lanes and how that might affect accessibility to his church.

1. Introduction

Public Information Officer Adam Mayberry noted that this was the first joint meeting involving all the key stakeholders and the goal was to identify the top three to five transportation projects. He introduced Mr. Derek Morse of the Regional Transportation Commission (RTC).

2. Presentation by Derek Morse of the Regional Transportation Commission (RTC) of Washoe County on Transportation and Transit issues confronting the City of Sparks and the Truckee ~ e a d o w s and possible direction to staff.

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Minutes of the Transportation Workshop of April 25,2007

Mr. Morse started the meeting by discussing priorities for transportation planning by RTC. He handed out information to everyone which included a list of Highest Priorities for the Regional Road Impact Fee Funded Needs, State Funded Needs, Federally Funded Needs, and itemized the City of Sparks' Priority Projects. He explained the challenges that need to be met to accomplish this work. He explained that environmental issues need to be studied and the planning process takes a long time to get projects accomplished (possibly two to three years). The first step is to identify the priorities. He pointed out some of the priorities listed in his power point presentation and noted that there is a lot of activity on various projects.

Council Member Schrnitt asked if funds collected in one district had to be spent in that district. Mr. Morse replied that yes they did, with the exception of projects that are considered "all district", in which case funds from adjacent districts could be used. Council Member Schmitt asked what percentage of the funds would be considered "all fund". Mr. Morse said there is no limit, but historically they have tried to spend funds in the district in which they were collected, but projects like those on McCarran or 395 have required funds from all the districts. Council Member Schrnitt asked what percentage has been retained in the districts. Mr. Morse said he could provide the entire 10-year history of the impact fees; where they have been collected and where they have been spent, at a later time.

Mr. Morse discussed the RTC priorities versus the City of Sparks priorities and noted that the priorities overlap quite a bit.

Southeast Connector - RTC has identified a preferred corridor and they are now working on an alignment study, which will take about a year. He noted that once the study is done, they will have a better idea of costs and then they can move into design and ultimately construction. Rough estimate for costs for this roadway is $12 1 million; including a bridge.

McCarran Boulevard/Pyramid Highway - they are in the NEPA process on this project. They have been using federal funds. There is an alternatives analysis underway. Current working estimate for the cost of this interchange is $30 to $40 million; mostly because there are considerable right-of-way impacts. He noted that projects are planned as a system so that everythng works together, but they would be built one piece at a time, as funding becomes available.

Mr. Morse said they did a study on the McCarrdI80 corridor regarding widening and sidewalks from 1-80 to McCarran. This is in the long-range plan. The issues are right-of-way preservation and funding availability. The sidewalk project is estimated to take $2.5 million, which includes preparing for the future road widening as well. In response to questions, Mr. Morse said with the current projected growth numbers, he believed the widening would include at least another two lanes on this corridor.

Vista Widening - there are a number of improvements on the schedule; this has been identified as a priority in the impact fee program; and there is a corridor study currently under way which will help us identify the priorities and projects which should be tackled first.

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They have been studying the intersection at Sparks Boulevard and Los Altos; they have some designs underway.

City Engineer Pete Etchart referred to a display which showed the traffic capacity problems, proposed intersection improvements and lane improvements. The list showed the cost of each of the projects, listed from top to bottom according to a benefitlcost ratio. He asked that the Council remain aware of the costlbenefit ratio when considering project priorities.

Council Member Carrigan asked about the possibility of splitting the three districts up by jurisdictions (one each for Sparks, unincorporated County and Reno). He said this is because we do things differently than in the County; specifically comparing Vista to Eagle Canyon. He said they didn't require any of the developers on Eagle Canyon to do any kind of improvements to that road; but Sparks required the developers to widen Vista Boulevard. Mr. Morse responded that the argument could be made that even three districts is too many: the more districts there are, the harder it is to generate the money to do significant projects. Each single district never generates enough money to fund any project. Mr. Carrigan said money collected in northern Sparks could go toward funding projects in south Reno and this is difficult for citizens to understand. Mr. Morse said they have to understand that regional roads are those that everyone drives on (in theory) and if the money goes to where the needs are, then it is benefiting the larger community. He pointed out that in looking at the RTC list of priorities; many of the roads are in Sparks. Mr. Carrigan commented that Eagle Canyon is a two lane road that will have a high school, a hospital, and Truckee Meadows Community College; yet Sparks needs to be the one to worry about using our Impact Fees to fix the road. A discussion ensued regarding impact fees and impact fee credits for building roads. A comment was made that a single impact fee district for the entire area would be devastating for Sparks. Mr. Morse said the development community has asked them to consider this and that is what they are doing, but he felt that it was great that Sparks wanted to sign in on this issue.

Council Member Schrnitt asked where funding is spent according to entities. Mr. Morse stated that every dollar that is spent is recorded by jurisdiction in RTC's Comprehensive Annual Financial Report and that he could provide a summary to the Council.

Mr. Etchart asked if the Council was comfortable with the list of priorities, keeping in mind the costhenefit ratio. A suggestion was made to schedule another workshop to discuss the priorities after the Council has had an opportunity to review the list.

Mr. Morse then discussed the Centennial Plaza substation, noting that construction is underway and they expect to open the doors in the fall of 2008.

He said he wanted to discuss some issues that weren't project specific, but would have large impact on whether they would be able to do any of the projects. He said they are engaged in doing a new 20140 long range plan and he said preliminary analysis shows we are facing some major funding short-falls for transportation in our community. He said there is a decline in the real dollar value in the revenue streams at the Federal, State, and local levels and rapid inflation in construction costs has absolutely gutted their programs; while future land use projections keep

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going up. He said that in real dollar terms our rosiest projection is that we will see a 30% cut in Federal funding, which means we won't be able to fund any of the major projects.

Mr. Morse also discussed various funding and the expected shortfalls for State and local road funding for maintenance and construction projects. He noted that the RTC Board has directed staff to prepare a ballot measure in 2008 for additional funding.

3. Presentation by Kent Cooper of the Nevada Department of Transportation (NDOT) on State Highway issues confronting the City of Sparks and the State of Nevada and possible direction to staff.

Mr. Kent Cooper from the Nevada Department of Transportation (NDOT) introduced members of his team and handed out an Executive Summary of the report from the NDOT Blue Ribbon Task Force to Evaluate Nevada Department of Transportation Long-Range Projects; 2008-201 5.

Mr. Cooper stated that it was obvious to him from the discussion that there is no lack of planning; there are a ton of projects out there and the real issue is the lack of funding at the local regional, State and Federal levels. He said it is not like we can take funds out of one pot and move them into another and solve everybody's funding shortages. He noted that NDOT looks at northern Nevada, fiom Yerington to Fallon, up to Femley, Reno, Sparks and Washoe County, the Lake Tahoe region and Douglas County as one big metro area, because that is really how it is developing. He said they are looking at transportation corridors and that all four MPO's: Carson City, Lake Tahoe, Washoe County and Las Vegas will be looking at updating their regional transportation plans which are required by Federal regulations and that in these new RTP's there are going to be a lot of issues, but the major one in all of the Regional Transportation Plans will be funding.

Mr. Cooper noted that areas above 50,000 in population, start making their own decisions and while the state has an opportunity to participate in those decisions, they cannot dictate what should be in your plan. He said that once we adopt our 3 to 5 year TIP (Transportation Improvement Program) and the 20-year Regional Transportation Plan, the NDOT can either adopt that in whole or reject it in whole: they can't take projects out or put projects in.. . they have to go through our process. Mr. Cooper said it is important to recognize that our regional road impact fee to finance transportation is fairly unique, very aggressive and actually very beneficial, and we need to take credit for that; even though we still have transportation issues. He pointed out that no where else in the United States do they have road impact fees and that in most places, the local area and the state have trouble making the 20% match required of the 80% federal funds they get. He stressed that it takes almost 10 years to go through the entire process (environmental report, design, right-of-way acquisition and funding) to get a major project to construction and there is a lot of competition for the funding.

Mr. Cooper noted that some of the things they are looking at for this Legislative session are: indexing the State gas tax; decreasing the depreciation schedule on motor vehicles; and the real ID program, which takes money directly from Highway fund if they can't find another source of funding. He stated the task force recommended increasing the driver's license fee from $20 to $40. Mr. Cooper noted that if the State could raise the gasldiesel tax by 6 cents, it would fund

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everyone's transportation projects; however, there is no political appetite at this time to increase the gas tax. He said that if any funding for transportation did come out of this legislative session, it would most likely be tied directly to projects on the list of top 10 priorities.

After a lengthy discussion, Mr. Cooper said he would forward an analysis to the City Manager on how much sitting in traffic just five minutes a day relates to how much we pay in gas tax and how much 6 cents in gas tax would raise for transportation projects.

Council Member Schrnitt said he felt the entire tax code in the State needed to be revised because it is not working for today's needs. Council Member Mayer noted that the tax structure was designed to encourage growth and now that we have growth, it is not paying for itself.

Mr. Mayberry noted that there was a lot more to cover; but not much time left to do it in. He asked if the Council wanted to take any items out of order or discuss any particular item. No one expressed any interest and the meeting continued with Mr. Etchart's presentation.

4. Presentation by Pete Etchart on the City of Sparks Roadway Maintenance Funding Budget and possible direction to staff.

City Engineer Pete Etchart said if we don't maintain our roadways, within 15 to 20 years they are in need of rehabilitation. However, with slurry seals and overlays, we can make roadways last 50 to 60 years. Unfortunately with our funding in the past, our roads are showing the wear and tear of time. He noted that we had a $2.5 million short-fall every year on being able to maintain our roads the way that we should in order to stay on an optimum rehabilitation cycle. He said the reason for the short-fall is that we weren't really funding roadway maintenance: Reno had a property tax override and Washoe County had different revenues sources, but Sparks was relying on the fuel tax and were very under-funded. However, the good news is we now have some new revenue sources we didn't have several years ago: the TMWA franchise fee and the Sierra Pacific franchise fee.

Mr. Etchart then discussed the need for additional Street Maintenance Workers and a Traffic Signal Electrician, stating we have the funding now, but we need to make sure we have the workers out there to do the work.

Mr. Cooper commented that we are going in the right direction, stating that most people don't recognize that by being proactive and doing preventative maintenance we are actually saving money in the long run.

5. Presentation by Jon Ericson on City of Sparks' roadway maintenance activities including the 5-year roadway Maintenance Plan and possible direction to staff.

Transportation Manager Jon Ericson noted that with the new funding source in the CIP for the "Road Ahead Program (RAP)", they can now look at preventative maintenance, corrective measures, and rehabilitation for some roadways. He said the City has always had a Pavement Management Team and with the program a position was filled with Brent Quilici as the Pavement Management Coordinator. He said the team meets about once a month to review the status of our pavement conditions and what the program would be for the year. He said that in September of 2006, the City Manager asked them to put together a five year program for the

Page 5 of 9

RAP and they scrambled to put together a list of preventative maintenance projects so that we could incorporate those projects into the RTC Slurry Seal Program to reap the benefits and save some money. He stated they are working with a consultant to clean up their paper program and have asked that consultant to help with the pavement management program. They now have a software program that allows them to plan for a five-year cycle and update and edit unit costs for the different applications: slurry seal, patching, thin overlays and reconstruction. He said they download the PC1 (Pavement Condition Index) information from the Paver Program into this Pavement Management Program and then they analyze PC1 information for specific roads and determine what types of applications are needed on which roads. He said based on the reports they prioritize the streets. He noted that this program also allows them to import information on projects being done by other agencies to they can track those projects and coordinate our projects with them and take advantage of those cost savings.

He then showed a slide depicting the five-year budget for the RAP and noted that this is not the total budget because there were other projects that are funded out of the gas tax, which was not included in these figures. He noted that through 201 1 we have approximately $3 million programmed for local road maintenance. He noted that there are a couple of years where the budget is slightly lower and this is to fund the lowering of the power lines on Prater Way.

Mr. Etchart noted that we inherited sidewalk maintenance and we are paying for that out of the fuel tax money, as well as the new franchise fee. He said we can also use sewer funds for the storm drain (curb and gutter) portion of the sidewalk maintenance because it is pretty hard to do one without the other. This also ties into the accessibility issues we have with many of our sidewalks. He said the priorities are where there is no existing ramp and then we will go back and re-do ramps that are not up to current accessibility standards. He stated they have been working with the Disability Advisory Committee on this issue, as well as the Safe Walk to School Program.

Mr. Ericson gave a brief report on the Street Cut Program, stating under the old program a homeowner could pull a permit and the costs were collected after the patching was done. He stated that now, only a licensed contractor can pull a permit, they must complete an application for review before receiving a permit and permits are now available for pickup within 72 hours of application. He noted all estimated costs are now collected up-front; the administration fee has been increased and the penalties remain the same. Mr. Ericson stated the advantage to the new program is that now staff has the opportunity to work with the contractors on traffic control and reviewing traffic control measures and limiting the time they can work on the street. Mr. Etchart stated that this slows the process down a little and gives us a chance to review the request instead of being a same-day, over-the-counter permit that our street department has not reviewed.

City Manager Carey asked staff to review the information system for this summer on the Cone Zone Program that will be used to inform the public of slurry seals and other repair projects. Mr. Ericson stated that when they are not in an area for a long period of time, rather than let people know and have them wait to see what will happen, we have set the guideline that any project that is going to have a duration of longer than two weeks in an area will be announced through the Cone Zone program. Basically we say that we have a large slurry seal project and we will be in your area and provide a map, but we don't provide it for an individual slurry seal project. If it is

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a large individual project, like the Sparks Boulevard Sewer Project, there is a Cone Zone update on the web site.

6. Presentation by John Martini & Margaret Powell on Community Development activities and policies associated with the City of Sparks' transportation network and possible direction to staff.

Deputy Director of Community Development John Martini noted the Community Development is in the implementation phase in Spanish Springs -- All the regional roads have been planned out and coordinated with RTC and NDOT. He stated staff is now working on the issues for connection of those regional roads with the Pyramid Highway and what the future needs are; where the location of potential interchanges should be; what accesses will be potentially shut down and rerouted.

He noted that the regional roads left to be built include the Lazy 5 Parkway, which will connect to the Pyramid Highway and extend all the way over to Pioneer Meadows and will act as an additional east west connector in the valley. And (what used to be called Delores) Stone Brook Parkway, which will connect where Delores is today and route through the Stone Brook subdivision and attach to La Posada. He said most of the alignments are complete at this time however; development has slowed down tremendously in the last year, so the roads on hold until the business cycle picks up in the valley.

City Planner Margaret Powell noted that the contract for the start of our updated master plan has been awarded. She said the first component will be public outreach and one of the big topics of those discussions is sure to be transportation. She stated that tied in with the Master Plan update is a contract for infrastructure Facilities Planning, which includes a transportation component, so staff will be taking the public comment from the master plan and blending that in with the facilities planning. She said they will also be working in concert with RTC on their 20140 update; so at the end of the master planning process and the infrastructure utility planning process, we will end up with a new transportation element for our master plan. She noted that we have not had a separate component of our master plan before that deals just with transportation. She said she thought it would also deal with some of our emergency services issues that we have had, which she felt were not planned for as well as they could have been in the Spanish Springs area.

A discussion ensued regarding the planning process and what needs to be done now to plan for the Pyramid Highway being turned into a freeway in the future and minimizing the impacts of the freeway on current businesses with the need for right-of-way for future interchanges.

7. Presentation by Jon Ericson on City of Sparks Traffic Issues and possible direction to staff.

Transportation Manager Jon Ericson displayed a map depicting some of our major transportation corridors in Sparks and noted that we have some potential beneficial coordination of traffic signals with the new areas in Spanish Springs and the capacity improvements on Sparks Boulevard. He said there are about 11 0 traffic signals in Sparks and we also maintain some signals in the County. He said that in the last year, with the help of RTC and their consultant, we have collected a tremendous amount of traffic data: peak hour turn movement

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counts and some critical corridor average daily trips (ADTYs); and taken that information and put it into some software to analyze and optimize traffic signals. He said they have also fine-tuned and implemented signal coordination on more than 40 traffic signals and they are currently studying the signals between Sullivan and the new Clearacre interchange. He said they have re- timed the 14 signals from Nugget to Queen Way. Traffic Engineer Jim Herman gave a brief explanation on how the traffic signals are timed and the criteria for setting speed limits on roads.

Mr. Ericson stated that one of the questions raised with regard to traffic calming devices was whether property owners have the same rights as renters. He noted that the City Attorney's Office said staff is free to either treat renters and homeowners similarly in decisions relating to traffic-calming matters, or, if you have a rational reason for doing so, you may treat them differently.", and staff felt that they should give renters and owners equal opportunity and voting rights on traffic calming issues.

Mr. Ericson explained that at a previous presentation on traffic calming, the Council asked that the time fiame from requesting a traffic calming measure to implementation be reduced down to one year. He said that they will do the best they can, but they still needed to give citizens a reasonable timeline of expectation. He stated that they will make the revisions to the manual and then bring it fohard for adoption by Council and get the procedures into our ordinance.

8. Presentation by Pete Etchart on NDOT Stewardship Enhancement Projects in the , City of Sparks and possible direction to staff.

Mr. Etchart briefly discussed ow enhancement projects stating we have two current projects right now under the Stewardship Enhancement Program. The first is the McCarran Boulevard to Pyramid Way Sidewalk (McCarran from Prater to York and Pyramid Way from Richards Way to York) will provide sidewalk improvements and landscaping. This project should go out to bid in July or August.

The second project is the Victorian Avenue Streetscape Project. He said we have had done quite a few of these projects and they have gone really smooth. He noted that the public seems to love these projects because they do enhance property values and make the area look better. He said this one should be out to bid in August or September, He said NDOT has decided to acquire the right-of-way and they are working on this. Mr. Etchart one of the things staff has learned is that the Federal process for right-of-way is very cumbersome, very expensive, and takes a lot of time, so from now on, when we do an enhancement project, we will have all the right-of-way acquired, all the easements in place and the design completed before we go to NDOT. He said we can get reimbursed for these costs and accomplish the process a lot faster. Mayor Martini asked when we would see some work being done. Mr. Etchart said there has been a lot of interest in this bid and as soon as it is bid, the contractor will be able to get started (SeptemberIOctober).

Mr. Etchart also discussed the accessibility issues we have on the north side of Prater Way and noted that according to the pictures [in the power point presentation] some of them are pretty blatant. He said that the goal is to make it like the south side of the street: same sidewalk, lighting and landscape improvements. He noted that the major part of the project will be the undergrounding of the electrical power lines and this will be an eligible stewardship cost. Mr. Etchart stated that the south side was done because it was the easiest side to do - we didn't have

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primary power poles in the middle of the sidewalk. The north side of the street will be done in three phases: View Street to 22nd Street; 22nd Street to 2oth Street; and 2oth Street to 1 gth Street. He said that each one of those segments is going to cost about $1.2 to $1.5 million because of the expense of putting the primary electrical lines underground. He stated that the CDBG funds, already approved, will pay for the design portion ($1 50,000.00 plus another $100,000 in the CIP for design). He stated this is because we want to get it designed and get the right-of-way issues taken care of before we go to NDOT.

9. Comments from the City Manager and Council None.

10. Adjournment

There being no fbrther business, the meeting was adjourned.

>>>

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REGULAR MEETING OF THE SPARKS CITY COUNCIL April 23, 2007

Time: 3:02:17 p.m. Call to Order The regular meeting of the Sparks City Council was called to order


2. - Time: 3:02:23 p.m. Roll Call Mayor Geno Martini, City Clerk Debi Dolan, Council Members

John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney David Creekman, PRESENT. City Attorney Chet Adams, ABSENT.

Staff Present: Barbara Brand, Tom Clewell, Kathy Clewett, Chris Cobb, Marc DeLaTorre, John Dotson, Steve Driscoll, Helen Elliott, Pete Etchart, Joyce Farley, Bill Findley, Andy Flock, Rob Joiner, Jenny Lewis, John Martini, Adam Mayberry, JoAnne Meacham, Tom Minton, Linda Patterson, Summer Pellett, Jim Rundle, Greg Salter, Chris Syverson, Dave Vill and Carrie Brooks.

Invocation and Pledge of Time: 3:02:38 p.m. Allegiance The invocation was given by Pastor Barb West, Sparks First

Church of the Nazarene and the Pledge of Allegiance was led by Cameron Etchart, a home schooled student attending the meeting in conjunction with item 4.1.



City Manager Shaun Carey noted that in preparing and approving the agenda for items 8.1 and 8.2, the agenda title language was brought forward from the first reading and as the agenda reads, it does not contain the necessary adjective for the Council to take action on these items today. He asked that the Council hear items 8.1 and 8.2 and conduct the public hearing and then continue those items to next Monday's retreat, at which time they will be posted for action.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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Minutes of the Regular Meeting of the Sparks City Council for April 23,2007

3. - Time: 3:06:26 p.m. Approval of the Minutes A motion was made by Council Member Schrnitt, seconded by

Council Member Carrigan, to approve the minutes of the Regular Meeting of March 26, 2007 and the Regular Meeting of April 9, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.


4.1 - Time: 3:07: 10 p.m. Recognition of NCHS City Engineer Pete Etchart gave a power point presentation to Future Cities Team recognize the Nevada Christian Home School (NCHS) Future

Cities Team for placing first at the 2007 Northern Nevada Regional Future City Competition and placing second at the 2007 National Competition in Washington D.C. He noted that the team was comprised of Ari Henry, Ethan Foster, Cameron Etchart and the teacher, Mrs. Tracy Henry. He stated he was the engineering mentor for the team. Mr. Etchart stated this year's theme was to develop an energy strategy to include fuel cell systems to power a city of the future. He said the Youth worked for approximately six months, after school and on weekends on their city, which they named ALTA (Alpine Living Tahoe Adventure), and spent a lot of hours in the Sparks Public Works conference room. He thanked the Public Works staff for how they embraced this team and listened to their presentation practices over and over and asked questions and offered encouragement. The team competed and won the Northern Nevada Regional competition held in January and the University of Nevada. By winning at regional, the team received an all expense paid trip to Washington D.C. in February to compete against regional winners from across the country. The team did an incredible job and became the first team from Nevada, and one of the very few teams from west of the Mississippi, to ever reach the finals of the three day competition. The team finished second over-all and also won the award for best essay. In addition, they received specialty awards from the U.S. Department of Transportation Federal Highway Administration, the Society of Women Engineers, and Kimberly Clark. The team also won a $2,000 technology scholarship for Nevada Christian Home School and thousands of dollars worth of engineering computer software. The team was presented to the Council, who then presented the Public Works Department with the trophies they won at National in thanks for all their help. The team received foam lighthouses with the City of Sparks logo on them as a token of appreciation for all their hard work.

4.2 - Time: 3:14:12 p.m. Proclamation - National Mayor Martini read a proclamation naming Wednesday, April 25', DNA Day 2007 as National DNA Day in recognition of the roll that genetics

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Proclamation - Municipal Clerks Week

4.4 Commendation to City Clerk Debi Dolan

4.5 Commendation to Fire Chief Tom Clewell

Presentation - 2007 Sparks Public Attitude Survey Results

5. Consent Items:

5.1 - Report of Claims and Bills and Appropriation Transfers

5.2 Refund of business License Fees to

plays in all human medical conditions. The proclamation was accepted by Ms. Robin Palmer, Certified Genetic Counselor.

Time: 3: 15:56 p.m. Council Member Ron Smith read a proclamation naming April 29 through May 5, 2007 as Municipal Clerk's Week in recognition of the Office of Municipal Clerk. The proclamation was accepted by retiring City Clerk Deborine J. Dolan.

Time: 3: 17:40 p.m. Council Member Phillip Salerno read a commendation to retiring City Clerk Deborine J. Dolan acknowledging her 15 years of service to the City of Sparks and wishing her a healthy, happy and rewarding retirement. Ms. Dolan accepted the proclamation, along with an engraved City Clock and hugs and good wishes from the Council.

Time: 3:19:47 p.m. Council Member Ron Schmitt read a commendation to retiring Fire Chief Tom Clewell acknowledging his 36 years of service to the City of Sparks and wishing him a healthy, happy and rewarding retirement. Chief Clewell was present with his family to accept the commendation and an engraved clock in appreciation for his service to the City.

Time: 3:23:48 p.m. Executive Administrator Linda Patterson gave a power point presentation which provided a review of the methods used and the results of the 2007 Public Attitude Survey.

Time: 3:33:28 p.m. Agenda Items 5.6, 5.7 and 5.8 were pulled for discussion and separate vote.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Consent Items 5.1 through 5.5. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

An agenda item from Finance Director Tom Minton recommending approval of the Report of Claims and Bills paid and the Appropriation Transfers made since the last regular Council Meeting for the period covering March 22, 2007 through April 5,2007.

An agenda item Gom Finance Director Tom Minton recommending the City Council approve a request from Diversified Systems International for a refund of excess business

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Minutes of the Regular Meeting of the Sparks City Council for April 23, 2007

Diversified Systems license fees paid to the City of Sparks in 2006 in the amount of International $616.00. As stated in their letter of appeal, the company over-

reported gross receipts for the year 2006, which cost them an additional $515.00, which they are requesting to be refunded. Staff is in support of the refund.

5.3 An agenda item from Parks and Recreation Director Stan Sherer Reimbursement of recommending the City Council approve the reimbursement of Residential Construction $94,000.00 to Centex Homes for Residential Construction Taxes Tax to Centex Homes paid to the City of Sparks. Building permits were issued and

Residential Construction Taxes were collected prior to a tracking system being put in place for credits toward the Sage Canyon Park in the Miramonte Development. The developer is requesting this refund to offset the costs of constructing the park.

5.4 An agenda item from Redevelopment Manager Armando Ornelas Professional Services recommending the City Council approve a professional services Agreement to Prepare and agreement with Linda S. Congleton & Associates (LSCA) to Update a Victorian prepare and update a Victorian Square Phase I1 Retail Square Phase I1 MerchandisingILeasing Plan in the not to exceed amount of Merchandising Leasing $50,000.00, including reimbursable expenses. This plan will Plan identify potential retail and dining uses and provide recommended

locations, space allocations and design characteristics for optimizing tenants' ability to succeed in the project.

5.5 An agenda item from Public Works Director Wayne Seidel Professional Consulting recommending the City Council approve a professional consulting Services Contract for services contract with TRC (previously Vpoint) in the amount of West End Prater Way $149,930.00 for Phases 3, 4 and 5 of the West End Prater Way Improvement Project, Improvement Project. TRC has already provided professional Phases 3 ,4 and 5 consulting services for Phases 1 and 2, along with the preliminary

design and submittal of the application for Federal funding for subsequent phases. Federal funding has been approved for 200812009 to continue with the beautification of West Prater Way.

5.6 - Time: 3:34: 17 p.m. CCFEA with Morgan An agenda item from Deputy Director for Community Creek Development and Development John Martini recommending the City Council Whites Creek approve a Capital Contribution Front Ending Agreement (CCFEA) Development for with Morgan Creek Development and Whites Creek Land Capacity Improvements Development, Inc. (Developer of Record) for the offered capacity to La Posada at Rockwell improvements to La Posada Drive at Rockwell Drive. This

agreement between the developer, the RTC and City of Sparks provides that the developer will dedicate capacity improvement to La Posada at Rockwell in exchange for Regional Road Impact Fee Credits in an amount equaling the fair value of the capacity improvements; specifically $28,000 for dedication of right-of-way for improvements at La Posada/Rockwell in conjunction with

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RTC's PyrarnidILa Posada improvement project.

Council Member Carrigan asked Deputy Community Development Director John Martini to explain, for the benefit of the public, what these agreements were and what they accomplished with regard to road improvements. Mr. Martini explained that these three items are the process that it utilized in the Regional Road Impact Fee System so that development can provide the necessary infrastructure for our growth. He noted that all three of these agreements are related to capacity improvements for roadways: two of them are on La Posada for the coming Stonebrook project and the other one is for the Legends at the Marina for improvements to Sparks Boulevard as well as the completion of Lincoln Way. He said this process requires the developer, the City and RTC to enter into an agreement in which the developers will construct the infrastructure and dedicate the land that sits under it in exchange for credit. The credits will then be used in lieu of cash when they come in for their building permits.

Council Member Mayer expressed concern about how the proposed revision of the impact fee schedule would affect current CCFEA's. Mr. Martini said that how the new fees would be implemented is still under discussion.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve Consent Items 5.6, 5.7 and 5.8. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

5.7 Time: 3:34: 17 p.m. CCFEA with Sparks An agenda item from Deputy Director for Community Legends Development for Development John Martini recommending the City Council Capacity Improvements approve a Capital Contribution Front Ending Agreement (CCFEA) to East Lincoln Way and with Sparks Legends Development, Inc. (Developer of Record) for Sparks Boulevard the offered capacity improvements to East Lincoln Way and

Sparks Boulevard. The CCFEA being authorized covers right-of- way and construction of Lincoln Way as a 4 lane arterial and the widening of Sparks Boulevard to six lanes and will result in an estimated $6,800,000.00 in credits being issued to the developer of record.


A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve Consent Items 5.6, 5.7 and 5.8. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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5.8 Time: 3:34:17 p.m. CCFEA with Reynen and An agenda item from Deputy Director for Community Bardis (Stonebrook) for Development John Martini recommending the City Council Capacity Improvements approve a Capital Contribution Front Ending Agreement (CCFEA) to La Posada at Rockwell with Reynen and Bardis (Stonebrook) LLC, (Developer of Record)

for the offered capacity improvements to La Posada Drive at Rockwell Drive. The CCFEA being authorized covers dedication of right-of-way for improvements at La Posada/Rockwell in conjunction with RTCYs PyrarnidILa Posada improvement project and will result in an estimated $65,000 in credits being issued to the Developer of Record.

Discussion for this item is listed under item 5.7

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve Consent Items 5.6, 5.7 and 5.8. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.


6.1 Time: 3:41:26 p.m. Appointment of a New An agenda item from City Manager Shaun Carey recommending Fire Chief the Council confirm the appointment of Andreas (Andy) Flock as

the new City of Sparks Fire Chief and approve the applicable employment contract.

Mr. Carey noted that Mr. Flock will be replacing Fire Chief Tom Clewell, who will be retiring on May 4, 2007. He stated that staff has completed a thorough review of Mr. Flock's experience and background and is recommending him for appointment to the position of Fire Chief for the City of Sparks. He noted that Chief Flock's salary will be $1 11,000 per year to start, which is about the middle of the range for the position of Fire Chief and he will begin his duties today, to give him an opportunity to work in parallel with Chief Clewell until Mr. Clewell's retirement on May 4th. He noted that Mr. Flock will be sworn in at a special meeting on May 7 t h

Council congratulated Chief Clewell on his retirement and congratulated Mr. Flock on his new position.

A motion was made by Council Member Carrigan, seconded by Council Member Salerno, to confirm the appointment of Andreas (Andy) Flock to the position of Fire Chief as recommended by the City Manager. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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6.2 - Time: 3:46:17 p.m. Local Legislative Affairs Government Affairs Manager Rob Joiner provided a review of Issues legislative issues as outlined in his staff report. He noted that

tomorrow was the deadline for bills to pass through the first house of origin.

Affordable housing - We are still watching AB527. This was read the second time in assembly today and is poised to move out tomorrow. He said they are also following some of the other affordable housing bills, such as AB255, which also passed out last week. AB603 is still pending and AB439, the one that has a penalty phase, did go forward as written; however we did make the Council's wishes known regarding the penalty.

Sparks' charter bill was at the senate and was heard. One amendment was requested, adding that if we do a contract for outside counsel it must be done in a public hearing setting.

Graffiti Bill - this is still in the assembly and is poised to move and there is very little doubt it will move out today or tomorrow.

This morning staff made a presentation on the Larry D. Johnson Community Center request for a $1 million appropriation. The Project Manger Chris Cobb and Mike Horn from the Boys and Girls Club were also in attendance. This is a money bill, so it is exempted from the deadline and they just took testimony on appropriation request today. Those requests will be coming back to work sessions before Senate Finance Committee.

We have not seen action from the Senate on SB203, which is the Rock Park funding and the extension of our baseball funding, but we are expecting that will move from the Senate tomorrow.

The statewide franchising agreement bill, SB246, did not make it out of Committee, so it is basically dead. But two other bills, AB518 and AB526 both received due passes out of committee by the deadline on the 1 3 ' ~ and they will have to move out today or tomorrow.

Mr. Joiner noted that some other bills moved from the Assembly, but they went to ways and means for review of their impact. One of those is the tort bill, SB66, which doubles the amount from $50,000 to $100,000. He noted the Council directed them to further an amendment to at least put a cap on the number of causes per claim. This is still pending.

He noted that last week there was a Senate Concurrent Resolution that would look at an interim study session for the local authority

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issues that seem to be readdressed every session or two at the legislature. This got a very good hearing with a lot of entities testifying and we expect to see this discussed further. This resolution does not have a deadline.

Mayor Martini asked about the water bill. Mr. Joiner responded this got a due pass out of committee with the amendments he mentioned in the last report. It has to move out tomorrow.

Council Member Mayer asked how the Education First mandate (where education initiatives have to be funded first) is working out in the Ways and Means Committee. Mr. Joiner said this has yet to be seen, because they haven't moved any of the budgets yet. Council Member Mayer also asked for more details on the Legislative Tour this Wednesday. It was noted that the reception won't be until about 7:00 p.m. at the new Community Center.

Council Member Salerno asked about the request for money for the Livestock Events Center. Mr. Joiner said the RSCVA gave a very comprehensive presentation and it preceded the City's hearing today. He said they did a good job of presenting the needs, the condition of the facility now, and what that facility

/ could become with the multiple uses they could have there.

6.3 - Time: 3:59:01 p.m. Reengineering of the City An agenda item from City Manager Shaun Carey requesting the Clerk Department City Council approve the reengineering of the City Clerk

Department. With the retirements of both the City Clerk and Deputy City Clerk, a review of the department structure and duties make this an appropriate time to consider the structure of the department. The reengineering will include changing the department reporting structure from a Department Head status to a Division Head, reporting to the City Manger Department. With this restructuring there will be a need to change the Executive Resolution to remove the City Clerk; change the Mid-Management Resolution to add the City Clerk and Chief Clerk and remove the Deputy City Clerk; change the title of EIMS Coordinator to Records Administrator; and change the employee complement to reflect the new structure.

Assistant City Manager Steve Driscoll noted that items 6.3, 6.4, 6.5 and 6.6 would be discussed together with separate votes.

Human Resources Manager Chris Syverson stated that with both the City Clerk and Deputy City Clerk both leaving, it presented an opportunity to examine the organization to see if the existing structure really made sense or if improvements or changes could be made at this time. She said the organizational chart in the

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packet is an attempt to flatten the organization and not have as many reporting levels in it. This is done through the use of a Chief Clerk title instead of a Deputy City Clerk title. She said they are asking the Council to fill three positions: City Clerk; Chief Clerk; and an Office Assistant position which was approved for January hiring in the last budget and is currently being staffed with a temporary employee. Ms. Syverson then discussed the salary savings by changing the positions and opened the floor to questions.

Ms. Syverson said there was a request to change the position of EIMS Coordinator to a Records Administrator within this proposal; however, staff is requesting that this be left as EIMS until we hire a new City Clerk and she asked that Council add this to their motion. She noted that there is no change in dollars by doing this option.

Council Member Carrigan asked how many people would be in the City Clerk's Office under the reorganization. Ms. Syverson noted that there would be six people and currently six are authorized; however right now there are only three bodies. Council Member Carrigan asked where this fell with regard to the hiring freeze. Ms. Syverson stated this falls dead smack in the hiring freeze and agenda item 6.7 would address this issue. She noted that at the time the City Council addressed the hiring freeze, we didn't know that both the City Clerk and Deputy Clerk were leaving and this is a perfect example of why staff needs the authority to come back and examine the hiring freeze and make some exceptions. Council Member Carrigan stated he wanted it emphasized that there were circumstances where exceptions need to be made.

Mayor Martini asked if there would be any problems with the service levels or loose continuity in the Clerk's Office because of the loss of the top two people. Mr. Carey said that with the City Clerk's departure the division will be challenged in the short term, but they will be expediting the recruitment process and in the long run the Council will see the same level of very professional service that they have seen for very many years.

Mr. Carey said that with this new division he is hoping to implement more of a city-wide focus on records management, which has been difficult from one department to another in the past. However, under his office, he felt that a city-wide records program would modernize records as they approach moving to a new City Hall.

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to approve the proposed reengineering

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for the City Clerk Department, with the caviat regarding the EIMS Coordinator/Records Administrator as noted above. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.4 - Time: 4:06:01 p.m. Approval of a An agenda item from City Manager Shaun Carey requesting the I

Complement Change in City Council approve a complement change in the City Clerk I

the City Clerk Department as a result of the reengineering of the City Clerk Department function. The changes include re-naming the Deputy City Clerk to

Chief Clerk and the EIMS coordinator to Records Administrator.

Discussion for this item took place under item 6.3.

6.5 < - Approval to Add the Position of City Clerk, Create and Add the Positions of Chief Clerk and Records Administrator, and eliminate the Position Deputy City Clerk in the Management, Professional and Technical Resolution

6.6 - Elimination of the Position of City Clerk from the Executive Resolution

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to approve the complement change in the City Clerk Division as presented by staff, with the same caviat for the Records Administrator. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 4:07:21 p.m. An agenda item from City Manager Shaun Carey requesting the City Council approve the addition of the position of City Clerk, create and add the positions of Chief Clerk and Records Administrator and eliminate the position of Deputy City Clerk in the Management, Professional, and Technical Resolution. In conjunction with the proposed reengineering of the City Clerk Division, the Management, Professional Technical Resolution must be amended to eliminate and add these positions.


A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve the addition of the position of City Clerk, to create and add the positions of Chief Clerk and Records Administrator, and to eliminate the position of Deputy City Clerk in the Management, Professional, and Technical Resolution. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 4:08:12 p.m. An agenda item from City Manager Shaun Carey requesting the City Council approve the elimination of the position of City Clerk from the Executive Resolution. In conjunction with the proposed reengineering of the City Clerk Division, the Executive Resolution must be amended to eliminate the position of City Clerk.


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A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve the elimination of the position of City Clerk from the Executive Resolution. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.7 Time: 4:08:50 p.m. City Manager's Direction An agenda item from City Manager Shaun Carey in response to Regarding Hiring Freeze the City Council's request for clarification regarding the hiring and Clarification as freeze implemented at the February 26,2007 City Council meeting Requested and discussion held at the March 26,2007 Council meeting.

Assistant City Manager Steve Driscoll noted that the Council asked for clarification of the hiring and under the direction of the City Manager, the Human Resources Department has done a lot of research and is bring forth this item as a result.

Human Resources Manager Chris Syverson outlined the previous discussions and summarized by saying there was some question regarding which positions were frozen and which were not and which funds those positions were in.

She noted that the first section of the report discusses the general fund and what positions may or may not be filled. She said they are asking that the City Manager be able to assess business necessity and financial impact when filling positions within the City's general fimd and to fill those positions as necessary. She said a good example would be the City Clerk positions. She said if we were in a total hiring freeze we would not be able to fill these positions until December or January, and she felt it was not reasonable to wait that long.

She said another issue is the attrition that is going on right now: last week we had two resignations, one Civil Engineer and one Legal Secretary, and the longer we go the more positions we will have frozen and not be able to fill; or fill only at the Council's direction.

She said the second section of the agenda item deals with self- supporting funds, such as the sewer fund, the Community Development Fund, and Water Reclamation Facility.

She said the last issue is internal promotions and transfers are not addressed under the hiring freeze.

Ms. Syverson said that staff is recommending that the City Manager have authorization to fill positions as he feels necessary. She noted the last page of the agenda item listed the frozen positions and those that are open, but not filled.

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.he Regular Meeting of the Sparks City Council for April 23, 2007

Council Member Salerno said he felt that they had no choice [but to accept staffs recommendation] because we can't tie the City Manager's hands and not fill the position. He then made a three part motion, as listed in the staff report. Council Member Carrigan said he would second the motion for discussion.

Council Member Mayer said he did not know why they needed to do this at all; they should just leave it up to the City Manager to hire who he wants to and when he wants to. He said he would not support the motion because he felt we should just undo the hiring freeze and leave it up to the City Manager's discretion as to which positions need to be filled and when.

Mayor Martini asked if this motion would give the City Manager the authority that Council Member Mayer wants the City Manager to have. Ms. Syverson responded that the Action on February 26th implemented the freeze and this would undo the freeze and give the City Manager the authority that Council Member Mayer wants him to have.

Council Member Carrigan said he agreed with Council Member Mayer. He said it was a self-imposed hiring freeze so we could take a look at the budget and now that the funds have been clarified, he would support the motion because it just puts us back to where we were before February and gives the City Manger the ability to do what we are paying him to do.

Council Member Schrnitt asked what the difference was between this motion and no hiring freeze? City Manager Carey said that what staff was trying to convey to the Council is that there was a business necessity to rein in our expenses at a time when we saw the sales tax production falling and one of the tools we could use to keep the City financially stable was to slow down the filling of some general fund positions in non-public safety areas in order to have our expenses slow down at a time when our revenues were slowing down. He said they may have oversimplified the freeze when it was presented to the council. He said that this motion would allow staff to make a better family of business decisions which will allow the departments to do the job and provide the services that they need to provide to meet the needs of the city. He said that the City Clerk position was an excellent example of where the services would be cut drastically if the position was left vacant. Mr. Carey said that the alternatives in this motion would allow staff to manage the business decisions so that we would be reducing expenditures in concert with a reduction in our revenues and with the idea that the Council still sets the policy on the overall direction of the budget. He noted that there will be a

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budget workshop next Monday, where we will discuss our next fiscal year.

Council Member Schrnitt said for him it was simple, it [slow revenues] requires 600+ employees to make some sacrifices and rather than have staff keep coming back to the Council, just mandate that we not exceed the budget. He said if this means that no one gets hired, then no one gets hired.

Council Member Salerno said all the motion does is allow the City Manager to fill the positions as he sees fit.

Mayor Martin asked if the Council voted against this, was the hiring freeze still in effect? Ms. Syverson responded, yes.

Council Member Mayer said he felt that a simple motion to undo the freeze would be in order.

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to approve granting the City Manager authority to assess business necessity and financial impact when filling positions within the City General Fund, to recruit and fill those positions as necessary, as long as budget authority exists; to approve granting the City Manager authority to recruit and fill those positions in self-supporting funds as necessary, as long as budget authority exists; and to approve granting the City Manager authority to fill internal open positions through promotion or transfer, based on business necessity and financial impact, as long as budget authority exists. Council Members Salerno, Smith, YES. Council Members Mayer, Carrigan, Schrnitt, NO. Motion failed.

A motion was made by Council Member Mayer, seconded by Council Member Carrigan, to remove the hiring freeze. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.8 - Time: 4:22:53 p.m. Bid Award of the Public An agenda item from Public Works Director Wayne Seidel Works Maintenance requesting the City Council award to Reyrnan Brothers Building Storage Construction the Bid (No. 06107-042) for the Public Works Addition Maintenance Building Storage Addition Project in the amount of

$422,610.00. The Public Works Maintenance Yard is in need of more enclosed storage area. The City has new Sewer Vacuum trucks that will not fit in the existing storage buildings. These vehicles must be in an enclosed structure to provide adequate freeze protection. The new storage building will have six bays and be located adjacent to other existing storage buildings. The City

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has also incorporated a waste oil heater into the project that will heat the building in the winter time and recycle our excess waste oil.

A motion was made by Council Member Mayor, seconded by Council Member Schrnitt, to award the Public Works Maintenance Building Storage Addition Project to Reyman Brothers Construction in the amount of $422,610.00. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Capital Projects Manager Chris Cobb noted that this item will provide an additional maintenance building to house some of the equipment that is currently being stored outside and taking a

6.9 Time: 4:25:27 p.m. I Informal Quote Award to An agenda item from Public Works Director Wayne Seidel Replace the Roof at Fire recommending the City Council award to Alpine Roofing Station No. 1 Company the informal quote to replace the roof of Fire Station No.

1 in the amount of $84,423.00. After a recent snow storm, several 1 areas throughout the kitchen space, east stairwell and the elevator I

shaft were noted as having major leakage from the roof. Also noted was minor leakage into the newly renovated living quarters area and the penthouse area housing the mechanical equipment for the building. Based on a review of the original building drawings, type of roofing system installed, overlaid, and patched several times, it was determined that a full removal of the built-up roofing materials and replacement with a membrane roof (current industry 1 standard on flat roofs) would be required. I

beating from the weather. He said the funding for this structure will come from the equipment account and the utilities division, both of which would be using this facility.

Capital Projects Manager Chris Cobb noted that this item was not in this year's CIP, but over the years this roof has been repaired l and patched as many times as it can be. He noted that after a

I recent snow storm, leakage was quite the issue and after evaluation by the maintenance division, it was determined the roof really must be replaced. He noted that in a meeting with the Finance Director and the City Manager, it was felt that this could be funded

1 from unspent proceeds from other departments. He said if we wait until it can be funded in next year's CIP, we could have more damage from the upcoming thunderstorm season.

I

I

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to award the informal quote to replace the roof of Fire Station No. 1 to Alpine Roofing Company in the amount of $84,423.00. Council Members Mayer, Salerno, Smith, , Carrigan, Schmitt, YES. Motion carried.

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7. Public Hearings and Action Items Unrelated to Planning and Zoning

Time: 4:28:02 p.m. Abandonment of a An agenda item from Public Works Director Wayne Seidel Southerly Portion of East recommending the City Council approve the abandonment of the Lincoln Way, a Westerly southerly portion of East Lincoln Way as shown on TM4084, Portion of East Lincoln approximately 97 feet by 900 feet; the westerly portion of East Way, Access Easement, Lincoln Way as show on PM2477, approximately 60 feet by 600 and Ditch Easement feet; an access easement as shown on easterly portion of PM2477,

approximately 80 feet by 1250 feet; a 48 foot ditch easement established on the westerly side of Parcel 3, PM 2477 per Document No. 2203086. This action is a two-part abandonment of City owned streets and easements. The first part is the abandonment of a ditch easement and an access easement. The second part is a conditional vacation of portions of East Lincoln Way and a portion of East Lincoln WayIMarina Gateway Drive.

Real Property Agent David Vill stated that this agenda item is for the abandonment of two streets and the conditional abandonment of two street right-of-ways. He said all four areas lie within the City of Sparks Redevelopment Area No. 2 and is now being developed as part of the Legends at Sparks Marina Project.

He then displayed maps and described the location of each of the abandonments. He noted that the first property is a portion the former People's ditch, which was once used to convey storm water to the Truckee River via a culvert under 1-80. However, now we pump through the lake and have replaced the need to move the storm water through the ditch. He said the original easement included the 48 foot ditch, a 29 foot roadway and five acres of slope and drain easement. He noted the pedestrian path is located within the five acres, so the pedestrian path remains, the access road remains and the slope and drain easement remains, so the only thing we are giving up is the ditch which has already been filled in.

He stated that the second portion of the abandonment request is an 80 foot access road that was originally granted to provide access to the now demolished Outlet Mall. Since the property is now vacant, there is no need for public access and the developer has requested that this access be vacated.

The third and forth portions of the abandonment are proposed for conditional vacations, based on the construction and dedication of the re-routed Lincoln Way as indicated in the Planned Development Handbook. Construction and dedication would have to occur by December 3 1, 2008; however, if they do not construct the roadway by this date, the vacation of the easements is null and

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void. He noted that the third abandonment is a small portion on E. Lincoln Way and the developer owns the property on both sides of the easement and as provided in the Handbook, the developer will merge the vacated street with his abutting property and the combined parcels; then provide access to a re-routed Lincoln Way. The fourth and last abandonment is a small portion of E. Lincoln Way and Marina Gateway Drive. The developer proposed to merge the vacated street right-of-way with his abutting property and then the combined property will then provide access to the re- routed Lincoln Way.

At the request of Council, Mr. Chris Bidart, representing the applicant pointed to the location of the new alignment of Lincoln Way and discussed the structure of the roadway. Council Member Mayer expressed his disagreement about the use of the proposed round-a-bouts in this project.

Mr. Vill noted that if the abandonments and vacations are 1 approved, the developer will still have to submit a merger and re- I

I subdivision map, which will be approved administratively.

I


A motion was made by Council Member Smith, seconded by a Council Member Schmitt, to approve the abandonments as outlined by staff. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried. I

8. Planning; and Zoning Public Hearings and Action Items:

8.1 E ~ 0 7 0 0 7 , immaculate Conception Church, Resolution No. 3058, Master Plan Amendment; and Adoption of Bill No. 2542, , Rezoning from R1-15 to PF on 9.10 Acres at 2900 North McCarran Boulevard

Time: 4:37:45 p.m. An agenda item from Associate Planner Summer Pellett recommending the City Council conduct a public hearing and approve PCN07007:

Resolution No. 3058, a resolution adopting a change in the Sparks Master Plan from R1- 15 (Single Family Residential) to PF (Public Facility) on a site approximately 9.10 acres in size located at 2900 North McCarran Boulevard, Sparks, NV; and

Bill No. 2542, a general ordinance providing for the rezoning of certain lands owned by Immaculate Conception Church from R1- I 15 (Single Family Residential) to PF (Public Facility) on a site approximately 9.10 acres in the City of Sparks, located at 2900 North McCarran Boulevard, Sparks, NV; and providing other a matters properly relating thereto.

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City Manger Shaun Carey asked that staff present items 8.1 and 8.2 and that the Council have a public hearing. He said the Planning Department has properly noticed this item for the hearing today; however, due to an error in the agenda (it didn't include the proper action words), Sr. Assistant City Attorney David Creekrnan has advised that the items could not be approved at today's meeting. Mr. Carey asked that these two items be continued to the Special Meeting on Monday, April 3oth at 9:00 a.m. at the Larry D. Johnson Community Center.

Ms. Pellett stated that this was a request for a Master Plan Amendment and a Rezoning, the site of the Immaculate Conception Church. She said the applicant has been informed that this will be going before the City Council on the April 3oLh Special Meeting date. Ms. Pellet stated the property currently has a land use designation of LDR (Low Density Residential) and the applicant is proposing to change that land use designation to Public Facility (PF). She said the property also has a zoning designation of R1-15 (Single Family Residential) and the applicant is proposing to change that designation to PF (Public Facility). She said the site currently has the Immaculate Conception Church on it. She said it also has an approval from a previously approved Special Use Permit for a classroom area which can only be used for church activities and church education: It cannot be used for a private or public school at this time.

Ms. Pellett noted that the applicant is requesting this change because currently, with the residential zoning, they are limited to 9 square feet of signage per frontage and they currently have a frontage on Pyramid Way and on McCarran Boulevard, which gives them a total of 18 square feet of signage for the entire site. She said that because they are a public facility, per our code, staff feels that by changing the zoning to PF, they would be allowed additional signage, per that zoning designation.


A motion was made by Council Member Salerno, seconded by Council Member Smith, to continue to April 30, 2007 at 9:00 a.m. at the Larry Johnson Community Center, properly agendized. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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8.2 Time: 4:43:32 p.m. Adoption of Bill No. An agenda item from Associate Planner Chere' Jigour 2543, PCN07008, recommending the City Council conduct a public hearing and Application for a TOD approve Bill No. 2543, a general ordinance providing for the Overlay District at 1040 rezoning of certain lands owned by Rock Ridge Investment Group, "C" Street LLC, to apply the TOD (Transit Oriented Development) Overlay

District to the TC (Tourist Commercial) zoning district on a site approximately 1.6 acres in size in the City of Sparks, located at 1040 "C" Street; and providing other matters properly relating thereto.


Associate Planner Summer Pellett noted that this was a request to rezone a site at 1040 "C" Street to TCITOD, which would implement the TOD overlay. She noted that the TOD standards were implemented by the City Council on January 22, 2006 and the applicant wishes to use those standards for their project. They I plan to renovate the interior and exterior of what is known as the I

Silver Club Hotel, which currently exists as a 207 room hotel. The I

applicant is going to be coming forward with a project for this site in the future. She suggested that further discussion be held at the I

April 3oth meeting as Associate Planner Chere3 Jigour is the planner for this item and could answer any further questions the I

Council may have. She noted that the applicant's representative will be present at the April 3oth meeting, but she was not certain whether the actual property owners would be present.

Mayor Martini opened the public hearing and asked if anyone wished to speak on this matter. There being no one, the public I

hearing was closed. I

A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to continue to April 30, 2007 at 9:00 a.m. at the Larry Johnson Community Center, properly agendized. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 4:46:25 p.m. City Manager Shaun Carey announced vacancies on the following boards and commissions:

One Vacancy on the Truckee River Fund Advisory Committee One vacancy on the Airport Noise Advisory Committee Two vacancies on the Advisory Committee for the Disabled One term on the Civil Service Commission One term and one alternate term on the Regional Water

Planning Commission (Joint appointment with Reno) One term on Reno Tahoe Airport Authority Board of Trustees Two terms on the Sparks Parks and Recreation Commission

Page 18 of 19


Adjournment

Council Member Mayer asked when the City is going out to bid for the west end, north side, improvements to Prater Way. City Manager Carey invited the Public Works Department to prepare a presentation on that project.

Council Member Carrigan asked if we were supposed to put speed bumps on South View in conjunction with the Silvio Estates subdivision. He asked that staff get back to him on this.

Council Member Mayer commended the Parks employees for the job they have done on the Deer Park Pool area. He also asked what could be done regarding the abandoned gas station on the comer of Greenbrae and Pyramid. He noted he has received several complaints regarding this building. Council Member Smith said he has also received several complaints regarding this gas station.

City Manager Carey noted that the Special Meeting on May 7th will start at 2:30 p.m., to allow the swearing-in ceremony for the new Fire Chief and a brief reception following the ceremony before the meeting is resumed to conduct normal business.

He also noted that the Special Meeting on May 3oth will start at 8:30 with refreshments and convene at 9:00 a.m.

Time: 4:55:05 p.m. There being no further business, the meeting was adjourned at 4 5 5 p.m.

Mayor

City Clerk >>>

Page 19 of 19

REGULAR MEETING OF THE SPARKS CITY COUNCIL April 16,2007 3:00 p.m.



2. - Time: 3:01:43 p.m. Roll Call Mayor Geno Martini, City Clerk Debi Dolan, Council Members

John Mayer, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney David Creekman, PRESENT. Council Member Phillip Salerno, City Attorney Chet Adams, ABSENT.

\

Staff Present: Tom Clewell, Kathy Clewett, John Dotson, Steve Driscoll, Rob Joiner, Mike Kelly, Neil Krutz, Adam Mayberry, Stan Sherer, Victor Villarreal and Carrie Brooks.


Mr. Rand Tanner, a member of the audience.

Comments from the Time: 3:02:29 p.m. Public Mr. Rand Tanner, 7052 Cinnamon Drive, Sparks, spoke regarding

what a wonderful job he felt the Council was doing for the City.

Ms. Joan Fotopulos Hulbert, 5400 Village Meadows Drive, Sparks, spoke regarding her concerns with the proposed transport of nuclear waste through Nevada.


A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

3. Time: 3:08:35 p.m. Approval of the Minutes None.

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4.1 Time: 3:08:35 p.m. Proclamation - Arbor Council Member Schmitt read a proclamation naming April 23-27, - - Week 2007 as Arbor Week in recognition of the City of Sparks being I

recognized as a Tree City USA by the National Arbor Day Foundation and urged all residents to support efforts to care for our trees and woodlands and support our community's forestry program. The proclamation was accepted by the City's Arborist, Mike Kelly.

4.2 - Time: 3: 1 1 :06 p.m. Presentation on Transport Mr. Bob Loux, Executive Director for the Nevada Agency for of Nuclear Waste through Nuclear Projects gave a power point presentation to the Sparks Nevada City Council regarding proposed MinaISchurz Rail Route for

Transporting Nuclear Waste through Nevada and potential Impacts on the City of Sparks.

5. Consent Items:

Council Member Mayer pointed out that there was no security in the Sparks Rail Yard; that the railroad is switching to robotic trains; and that they have not held a public hearing on this issue in Sparks.

Mayor Martini noted he just recently received a letter stating they will be holding a hearing in Sparks on this issue, but did not give a specific date of when that hearing would be held.

Council Member Schmitt urged the Council not to forget that Yucca Mountain is not the best place for nuclear waste.

Council Member Carrigan said we need to keep our eye on the big picture because if there is no place to store it we won't need to worry about routes and we need to concentrate on saying no to Yucca Mountain.

Mayor Martini said he took a tour of the rail yard and noted that there were other noxious products, such as chlorine and propane, just sitting around with no security what-so-ever in the entire rail yard.

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Time: 3:39:59 p.m. A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve Consent Items 5.1, through 5.7. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

i

I


5.1 An agenda item from Police Chief John Dotson recommending the Dining Room Wine & City Council approve an application from Mr. Daniel Lee Blake, Beer License for Pizza 8080 Caceres Court, Sparks, for a Dining Room Wine and Beer Plus Too, 5225 Vista License for The Ross Group, dba Pizza Plus Too, located at 5225 Boulevard Vista Boulevard. Mr. Blake currently holds two liquor licenses in

Sparks and has owned the Pizza Plus Restaurant at 221 1 Oddie Boulevard since 1981. The license will provide a $500.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.2 - An agenda item from Police Chief John Dotson recommending the Gaming License for 7- City Council approve an application from Ms. Ravandip Kaur Eleven #2133OF, 2295 Thiara, 860 Santi Court, Yuba City, CA 95993, for Gaming "G" Street License for 7-Eleven #21330F, located at 2295 "G" Street. Ms.

Thiara currently holds a liquor license for this 7-Eleven. The license will provide a $480.00 annual fee for four upright multi- denominational slot machines and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 - An agenda item from Fire Chief Tom Clewell recommending the Authorization to Accept a City Council accept a 2006 Fire Act Grant in the amount of Fire Act Grant $38,454.00 from the Federal Department of Homeland Security for

the Sparks Fire Department to install a sprinkler system at Station No. 2. Our Fire Department has received a grant for the fourth year in a row. The grant is a highly competitive, merit-based program and requires the winning agencies to provide a 20% match for the grant in the amount of $9,613.00.

5.4 Gproval of Additional Costs fi-om Kautz Environmental Consultants, Inc. for the Victorian Streetscape Phase I and Phase I1 Project

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve additional costs from Kautz Environmental Consultants, Inc., in the amount of $10,022.45 for providing the historical Report for Victorian Streetscape Phase I and Phase I1 projects. This brings the total costs for services to $27,016.49. The scope of work was changed throughout the project and the cost for services has exceeded $25,000.00 and now requires Council approval.

5.5 - An agenda item from Public Works Director Wayne Seidel Approval of Increase in recommending the City Council approve an increase in costs Costs Associated with the associated with the repair of Anarobic Digester No. 3 Seal at the Repair of Anarobic Truckee Meadows Water Reclamation Facility to Resource Digester #3 Seal at Development Company of Sparks, Nevada in the amount of TMWRF $10,105.60, under purchase order 163195. The leaking of

methane gas and nocardia (sludge foam) through the failed seal

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was sufficient enough to mandate that the digester be taken off line until repairs could be made to avoid a possible violation. During the repair it was discovered that more of the seal material was need than originally anticipated, bringing the total purchase order to $34,935.60.

5.6 - An agenda item from Public Works Director Wayne Seidel Agreement for Sale of recommending the City Council approve an Agreement for the Treated Effluent with Sale of Treated Effluent with Besso Family Trust for the Quick Lennar Reno, within the Wash Carwash site within the Spanish Springs Town Centre Eagle Canyon Estates development area. The developer of the Town Centre has Association Development extended the City's reclaimed water distribution system to provide Area sits within the development with irrigation water. Besso Family

Trust has requested a connection to the system to provide drip irrigation for site landscaping at the Carwash site. Revenues to the Effluent Fund are estimated to be $2,100 per year. The Agreement specifies a 20-year term, with the water rate subject to renegotiation every five years.

5.7 An agenda item from Public Works Director Wayne Seidel Agreement to Extend recommending the City Council approve an agreement to Extend Time to Approve a Time to Approve Tentative Subdivision Map (NRS 278.350(1)) Tentative Subdivision between the City of Sparks and SunCal Copper Canyon, LLC. Map The agreement will extend the review deadline for Tentative Maps

and allow staff to begin review of the tentative maps while simultaneously processing an amendment to the existing Planned Development Handbook for Copper Canyon. Both the applicant and staff wish to process the handbook amendment and tentative map requests together and it is anticipated that the processing time will take longer than 60 days. The agreement will provide an extension of time to allow both the applicant and staff to proceed with the entitlements.


6.1 Time: 3:40:39 p.m. G a l Legislative Affairs Government Affairs Manager Rob Joiner and City Lobbyist Rocky Issues Finseth provided a review of legislative issues outlined in the staff

report and added details as follows:

Last Friday was the deadline for bills getting out of the first house committees.

Eminent Domain - there were three vehicles that ended up moving that we are keeping an eye on: SB-85, AB-102 and AGR-3.

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Affordable Housing - there were five bill drafts that started in the Assembly; coming out of the ACR- 1 1 (the Interim Committee on Affordable Housing). Of those, four have survived, at least in Committee: AB-603 - which created a trust fund new funding source for affordable housing - this has passed out of committee. AB-255 - the original genesis of ACR-1 I , which was to create a data base to be updated annually and create new position within the State Demographer's Office to administer it - this also passed out. AB-216 - this created some new procedures for closing mobile home parks and other forms of housing which were seen as very affordable - this also passed. AB-527 - this is the bill that we initiated through the ACR-11 process to create appeals to our assessment and tax collection for tax increment districts (our redevelopment district). This had many ups and downs as it was carried through and there was opposition to our part of that bill from the State Taxation Director and the Washoe County Assessor - not exactly opposition, but to some of the procedures. We worked out some amendments, the language did survive and it did pass out last Friday, the very last meeting of the deadline. We also had a bill outside the ACR-11 process, AB-439, which takes existing real estate transfer fees and re-directs some of those fees to affordable housing programs. This also passed.

Council Member Mayer asked which one of these bills had the penalty. Mr. Joiner responded it was AB-439 and they did bring this to the Chairman's attention the fact that the motion made by our Council was that we are in opposition to penalties on new programs where they are trying to encourage progress, not impede it. The Chairman said she appreciated that, but she felt it was too late to change the bill because it was the day before the deadline. However, we do have an opportunity to talk to Senate Government Affairs about that as it proceeds to the Senate.

Another bill that affected redevelopment was SB-200. This was generated by the City of North Las Vegas wanting to expand the length of their second redevelopment district. Several of us that have second and third redevelopment districts felt this was a good thing to support and also benefit from that. However, we were carved out and it did pass out of committee just for North Las Vegas. I

AB-462 - cleaning up language from last session requiring more than one, but at least two appraisals on property being sold or leased from a public entity. It was amended to one appraisal, but it does require that we have a public hearing on that process to

Page 5 of 12


explore the single appraisal and the methodology used and allow questions. This passed out of Committee.

Our charter bill did pass out of the Assembly and will be heard again tomorrow in the Assembly Government Affairs. We do have people in place to testify in support of the bill.

AB-570 - this bill was carved out of our charter bill on election procedures in many counties and cities around the state. This bill had a rider on the issue of appointing an attorney as opposed to electing for Reno and Sparks. This was amended and will be going forward out of committee with just the election procedure items attached.

Council Member Schrnitt said a bill passed out the Senate regarding almost the same thing for the judges with a combination of the appointed versus the elected process. He asked if this was a viable compromise that Reno would be willing to look at and that we could look at too and consider doing it the "Missouri" way. Mr. Joiner responded that this was SJR-2 and it is a bill from committee that Senator Raggio is behind. It would take our Supreme Court and District Judges and a modified version of the "Missouri" process would allow them to be appointed and after a period of time they would come up for election and then there would be a judicial committee that would do a performance evaluation of those judges and report that to the citizenry that voted in their respective districts for those justices and they would have to be elected by 60%. Council Member Schrnitt said he felt this was a good compromise between elected and appointed. Mr. Joiner noted that this bill is a constitutional amendment and it will take some time to do this.

AB-438 - the billboard bill - did not make it out of committee; although he felt strongly it would resurrect itself somewhere else during this session.

Annexation - the bill that we all brought forward as a region, AB- 287, did not make it through committee. This was the one that clarified the regional plan settlement agreement which talked about how we have in this City, for 15 years, done our annexation program through spheres of influence and establishing a program of annexation and most recently, by doing concurrent analysis of infrastructure (the ability to serve). This was just to clarify because there were conflicting points in statute.

Page 6 of 12


AB-160 did make it through committee which talks about instead of discontiguous annexations, the contiguous voluntary annexations. This will go to the floor of the Assembly soon.

AB-5 13 - this is the GID bill, which passed in its original form which was to allow committee membership on GlD Commissions from five to seven and other clean up issues. The language that Sparks suggested from AB-287, did not make it through the committee so it will go to the floor of the Assembly without that language. Staff would like direction to continue working those issues when it goes to the Senate.

SB-96 - the Government Services Distribution Tax - the Urban Consortium Consultant, Marvin Leavitt, testified on this, but it ultimately died with the passing of the deadline. In addition, SGR- 7 - the constitutional amendment dealing with TASK also died last Friday after a hearing.

SB-153 - the consolidated tax issue. The hearing took place last week and the Mayor and City Manager did an excellent job of testifying on the amendment that came forward from North Las Vegas, but his bill died on a 413 Committee vote.

AB-5 18 and AB-526 - statewide franchising agreements. Many of our staff testified on this bill and worked with the ad-hoc committee that was formed by the industry and the local governments. These passed through committee on Friday. Senator Townsends bill SB-246, which would take away all franchise fees, died in committee.

Mr. Joiner noted that SB-240 - the funds for the Larry D. Johnson Community Center - didn't go through Committee, but it is an exempted bill because it requires funding and is asking for an appropriation from the Legislature. He said those types of bills are quite commonly exempted at this stage of the game and are dealt with later; sometimes very late in the session. He said staff is not concerned at this point.

AB-479 - which was extending the insurance coverage for dependent children from 25 to 28 - this bill did not go forward.

Water Bills - SB-487 - this is the one we were following most closely as it was the Washoe County SCR-26 Interim Committee passage. As of Friday it did pass as we saw it with the amendment regarding the joint powers agreement. Also included as an

Page 7 of 12

he Regular Meeting of the Sparks City Council for April 16,2007

amendment on Friday was the inclusion of both the Sun Valley GID and the South Truckee Meadows GID trustees (not board) to be a member of that agreement.

AB-295 - Property Tax Abatement - silver lead standards - a nationally recognized standard. This could exempt commercial and private buildings, residential included, 50% of their ad- valorum tax for up to 10 years. This had gone forward. It's both good and bad. It is good energy conservation and establishes new standards we should all be cognizant of, but for our bottom line, it could effect our tax revenue.

All the invitations have gone out for the tour of our City and the reception at the Larry D. Johnson Community Center on April 25th.

Council Member Mayer asked about the City's liability for law suits on the bill that raised the maximum from $50,000 to $100,000. Mr. Joiner said this did pass through committee and onto the floor. He noted that Council's direction was to support this bill, but to ask for a cap on the multipliers. He said many local governments asked for that same cap, but they did not put that car, on so far.

Council Member Mayer also asked about the bill that would allow teachers to carry guns to school. Mr. Joiner responded that this one did not pass.

Mr. Joiner asked for direction on AB-5 13. He said they would like 1

I direction to continue to put an amendment on that allows us to I have, in the City of Sparks, a one-time 2,000 acre development exemption to contiguous annexation. This would allow our East Truckee Canyon project to begin. He said the City of Reno is asking for a one-time 5,000 acre exemption. Mr. Joiner said in speaking with staff, and looking at our sphere of influence and our annexation program, the East Truckee Canyon is the only area right now where there wouldn't be contiguous annexation.

Council Member Carrigan asked why we are asking for an exemption; that we should just try to get the language changed so that we can do non-contiguous annexations. Mayor Martini suggested we work on both angles, because if we can't get the language changed, we will need the exemption. Mr. Joiner said that if they see an opportunity to replace that language in the GID bill or another bill, they will certainly try to do that, but as a fall a

Page 8 of 12


back, they would like to be able to cover what we need right now for the projects we have spent years planning.

Council Member Schmitt asked for verification that this was the bill where we thought we had the annexation settlement through the court system taken care of and then the County has come in and changed the process. Mr. Joiner said that 297 was the bill that we all brought forward where they County did not come to the table. It was the County's bill and they introduced it, but they did not come to the table, they did not sign in, in support, opposition, or neutral. Therefore it did not have broad support in the assembly and it did not make it to committee. Council Member Schmitt said his concern was that we have been working on this settlement for so long, and he felt that this one-time exemption would not solve any of the underlying problems. He said we need to voice strongly that if someone submits a bill and then doesn't want to support it or defend it, the bill should be withdrawn, with no more discussion. He said he felt we have to send a very clear message to the Legislators that we have a group of people that just love to play games and they are playing games with the citizens of Sparks and Reno, and he is tired of it.

Mayor Martini said he felt they explained it very well on the taxation issue, that there is no incentive for them to play because we don't hold "a hammer" over them. He said when there is no incentive; there is no way to make them come to the table.

Council Member Carrigan noted that this also happened with SB- 487, the water bill, so we are batting three for three.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to continue to try and get the language changed and to support the one-time exemption for the East Truckee Canyon. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

6.2 - Time: 4: 13 :24 p.m. Appointment of Gary An agenda item from City Manager Shaun Carey requesting the Dunn as the Principal City Council appoint Emergency Management Administrator Gary National Incident Dunn as the principal National Incident Management System Management System Coordinator. The Nevada Division of Emergency Management Coordinator (NIMS) has been working with local government to complete

various compliance requirements, one of which directs each local government to appoint a single point of contact to serve as the

Page 9 of 12


principal NIMS coordinator. To ensure compliance, it is recommended that each agency appoint their Emergency Management Manager to this position. In Sparks' case, this is Gary Dunn.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to appoint Emergency Management Administrator Gary Dunn as the principal National Incident Management System Coordinator. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

6.3 Time: 4: 1354 p.m. Acceptance of a Donation An agenda item from Police Chief John Dotson requesting the City from Hot August Nights Council accept the donation of $3,656.25 from Hot August Nights to the Sparks Police to the Sparks Police Department. On February 20, 2007, the Department Sparks Police Department accepted a donation from the Board of

Directors of Hot August Nights to assist the Departments effort in supporting worth educational and assistance programs for in need and at risk children in an effort to provide a more productive life through the availability of continuing and higher education.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to accept the donation from Hot August Nights. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

6.4 Time: 4:14:30 p.m. Contract Award for An agenda item from Senior Planner Victor Villarreal requesting Community Visioning the City Council approve a contract with HNTB to conduct and Master Planning Community Visioning and Master Planning Services for the City Services of Sparks for a total contract amount not to exceed $380,000. This

contract includes the completion of a public services and facilities master plan element as well as the completion of a conservation master plan element. This will bring the City into compliance with the master plan requirement of State Law.

Council Member John Mayer asked if this was the same firm that did the low-cost housing study. Mr. Villarreal said no, he did not believe it was.

Mr. Villarreal gave a power point presentation which touched on three major points: Why are we updating the Master Plan; the process to date; and the work plan under the proposed contract. He noted that this would be the first complete update in 16 years,

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since 1991, although we have updated a couple elements of the plan, but not a complete update. He said we also want to create a plan for Sparks that is based upon the collective vision of the community.

Council Member Schmitt asked what was the anticipated cost to totally update the Master Plan? Mr. Villarreal said he was not positive. Community Development Director Neil Krutz said when staff began the process of getting funding for a Master Plan update, the estimated budget was $800,000. He said the Council approved the first half of that this coming year. Council Member Schmitt said his concern is that we would get the plan started and then it would be left unfinished if additional funds were not available in the next fiscal year. Mr. Villarreal stated the way the scope of this work has been designed is that when funds do become available we will already have the drivers for the other pieces of the plan because we will have already done the community visioning process. Mr. Krutz clarified that this first step will take us through this coming fiscal year (July 2008) and hopefully by then the economy will have recovered and we will be in a position where there are funds to pick up where we left off without much of a delay at all. Council Member Schmitt said he would like to know when they would need additional funding so the Council could either commit or not commit to that funding. Mr. Krutz said they will be looking for additional funding in the 08/09 fiscal year.

A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to award the contract as outlined. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

7. Public Hearings and Action Items Unrelated to Planning and Zonin~: NONE


9. - Time: 4:3 1 :53 p.m. Comments from the Council Member Schmitt noted that last Friday the City hosted the Council and City first youth academy in our community. A group of 32 7" and sth Manager graders were invited by their schools to do an essay contest and

come and spend a day in the City. He said he saw 32 future leaders in our community and it was a phenomenal day.

Council Member Smith said he had not received any information on the request for clarification of the hiring freeze. City Manager

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Carey said that it would be on the agenda for the meeting on the 231d.

Council Member Mayer commended the arbor crew on the wonderful job they do on the trees.


Mayor

City Clerk

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1. - Call to Order

2. - Roll Call

SPECIAL MEETING OF THE SPARKS CITY COUNCIL April 16,2007 1 :30 p.m.


3. - Direction to the City Manager regarding ihe Findings of Outside Counsel into the Alleged Actions of the City Attorney

Time: 1 :3 1 :3 1 p.m. A special meeting of the Sparks City Council was called to order by Mayor Geno Martini at 1:02 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

Time: 1 :3 1 :38 p.m. Mayor Geno Martini, City Clerk Debi Dolan, Council Members John Mayer, Ron Smith, Mike Carrigan Ron Schrnitt, City Manager Shaun Carey, Acting City Attorney Brent Kolvet, PRESENT. Council Member, Phillip Salerno, ABSENT.

Staff Present: Chet Adams, John Dotson, Steve Driscoll, Neil Krutz, Adam Mayberry, Randy Waterman and Carrie Brooks.

Time: 1 :3 1 :56 p.m. Mrs. Shirley Bertschinger, 832 Olancha Court, Sparks,

Time: 1 :34:22 p.m. An agenda item from City Manager Sham Carey requesting the City Council receive, review and possibly take action to direct the City Manager to place action items on a future agenda based on the report and findings of outside counsel Gary Scholick, as requested by the City Council into the alleged actions of the City Attorney.

Council Member Schmitt commented that this has been a tremendous week this last week and he would like to put a couple of motions on the table for the Council to discuss. He noted that last Wednesday at 9:00 a.m. this report [Investigators report] was made public and at 2:00 p.m. the report was removed from the public with instructions to the City Council that this report needed to be made confidential and that it could not be made public to anyone. He said as far as he is aware, this holds true today and the report remains confidential. He said it was his understanding that the defendant's attorney has asked for this report to remain confidential and that it not be discussed so he feels that we are in a very difficult situation as a City Council. He said this morning they were supposed to have meetings set up with the attorneys and the investigator, but due to the weather on the East Coast, the investigator did not make it, so they were not able to ask any questions regarding the report.

He said he would like to make a motion to accept the report from the investigator as submitted to the City Council on Wednesday morning. Council Member Smith seconded the motion. Council Member

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)f the Special Meeting of the Sparks City Council for April 16,2007

Carrigan asked if this motion was to just accept the report. Council Member Schmitt confirmed that it was.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to accept the report from the investigator as submitted to the City Council on Wednesday morning. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

Council Member Schmitt said he would also like to make a motion that we formally send a copy of the report to the City Attorney, Mr. Adams. Council Member Carrigan agreed to second the motion. Mayor Martini noted that it had been moved by Schmitt, seconded by Carrigan to officially send a copy of the report to Mr. Adams. Council Member Mayer asked if Mr. Adarns had the prerogative to make the report public, if he wanted to do so. Council Member Schmitt stated it was his understanding that the City could not make the report public at this time. Mr. Adams' Attorney has indicated that he does not feel there is anything in the report that should be kept from the public, but he has asked that it be kept confidential. Therefore it would be Mr. Adams' responsibility to release the report. Mayor Martini asked Acting City Attorney Brent Kolvet if this was correct information. Mr. Kolvet stated this was within the procedures that he outlined.

Council Member Mayer asked if Mr. Adams just released parts of the report, would that make the whole report "public". Mr. Kolvet replied that he was not 100% sure, but it would seem to him that if he released any portion of the report, he would be waiving confidentiality.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to formally send a copy of the report to the City Attorney, Mr. Adams. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

Council Member Schmitt said he would also like to make a motion that we continue this meeting for approximately two weeks, if that fits the Investigators time, since the Council has not had the opportunity to speak directly to the Investigator regarding this matter, to allow time for the Investigator, Mr. Adams, and the Council to review the report in full. Council Member Mayer pointed out that two weeks would not be a regular council meeting. Council Member Schmitt said he would be willing to change the motion to just continue the item and let the parties get together and let us know when to schedule the item. He noted that we have a retreat scheduled for April 3oth, so this item

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could be discussed at the retreat, or it could be scheduled for the first Monday in May, which ever date the parties thought would be best. Council Member Mayer asked if City Manager Shaun Carey would be in charge of bringing this item back. Council Member Schrnitt said we could do it to a date certain of April 3oth, but if this is not available, it could be postponed until they are ready. Mayor Martini asked if there was a second. Council Member Smith seconded the motion.

Mayor Martini indicated that there was a motion and second to continue this item until April 3oth, at the retreat, and asked for discussion. Council Member Mayer asked if there were going to be any tasks to be completed during the continuance, because it seemed to him that if not, they were just stalling the inevitable. Council Member Schmitt responded that after this vote he was going to propose to the Council a couple of tasks he would like to have completed at the same time. Council Member Mayer indicated he would be voting no on the motion unless he heard what the tasks were, because the tasks could possibly take more than two weeks. Council Member Schmitt asked Mr. Mayer if he wanted to hear the outline of the tasks. Council Member Mayer suggested he just add the tasks to the motion to continue this item.

Council Member Schmitt then said he would like to have the following items available for the April 3oth meeting, should the Council choose to continue this item to that date:

1. The paperwork available from the Attorney, or whoever the City Manager authorizes, to bring this case to the Grand Jury of Washoe County.

2. A resolution made and presented to the Council, at that time, to provide complete censure of the City Attorney, should the City Council choose not to go to the Grand Jury.

3. That the censure measures should be some of the following items: A. The City Attorney would be removed from the City

Attorney's Office location into the City Manager's Office. The City Council has the right, through the Charter, to designate the responsibilities of the City Attorney. The City Attorney would then be responsible only to the City Manager and the City Manager's appointee would then be responsible only to the City Manager and would be responsible for the day to day operations of the Legal Department.

B. The City Attorney would not be allowed to meet with any City Employee without a representative from the City Attorney's Office available and present during the meeting.

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if the Special Meeting of the Sparks City Council for April 16,2007

Council censure through

Member Schmitt said these were the items he wanted to be in resolution so that the City Council would not have to go another meeting to come up with a resolution.

Council Member Mayer said he thought that maybe we were looking at a reorganization of the City Attorney's Office under the City Manager's Office and asked if this was so, would the City Attorney's Office come under the same dismissal and employment practices as the rest of the City. Council Member Schmitt said the follow-up items he was going to suggest, although he did not think we needed a motion on them, was to ask for a review of the City policies that were throughout the report. Some of those items would be in that area that the same procedures for hiring and termination of offices in the City Attorney's Office would fall under the policies of the City of Sparks that the rest of the employees have to follow. There would also be review of policies of when interviews are done for City Employees that involve an investigation, that those investigations would be done under sworn testimony, no non-sworn testimony and would be court reported, so there would be an accurate record.

Council Member Schmitt said the review would address items in the City Charter. He said it is apparent that the City Charter gives the responsibility to the City Council to outline the duties of the City Attorney, but it does not seem apparent that this has been done, so he is asking for a review of the Charter and the outline of which City Council actually outlined the duties of the City Attorney and, if we can find out when this was done, when was it updated. He said he would like the review of the City Charter to also find out what the City Council is responsible for when outlining the duties of the City Attorney.

Council Member Smith asked it would be a better task to go for the parameters of what a censure would entail, as opposed to specific measures. Council Member Schmitt said that would be fine, that staff could come back in three weeks for the main items and we can ask the City Manager to go ahead and start reviewing policies that are outlined in the report, which we can't talk about today, to be able to come up with where we are deficient in our policies in the City of Sparks. He said the deficiencies are open to interpretation and he felt that each one of the Council Members would have policies that they would deem sufficient.

Council Member Smith asked if there were any parameters in place i for censure that the Council needed to follow. Mr. Kolvet responded 1 that if there were any in the Charter or any where else that they had to 1

follow.

Page 4 of 8


Council Member Carrigan asked Council Member Schmitt to repeat the tasks, so he could understand what Mr. Schmitt was asking for; if Council Member Schmitt wanted to start Grand Jury proceedings. Council Member Schmitt responded that no, he did not want to start Grand Jury proceedings, but to have the paperwork ready to go so that the Council could make a decision at the next meeting; because they way the agenda is set up, no decisions can be made today with regard to disciplinary actions, that we would have to hold another meeting to do that, and this continues to postpone things. He said he is looking at the options that were laid out for the Council: basically send it to court or do censure. He said that the tasks would cover both options so that there is something available at the next meeting. He said if they chose not to choose either option, but the two courses of action the Council can take would be ready for a decision.

Council Member Mayer asked for a clarification of the proposed motion. Council Member Schmitt responded that it was to postpone the meeting to April 3oth at the Retreat and have the City Manager to instruct the Attorney of his choosing to start the necessary paperwork for the Grand Jury hearing and also to draft a resolution that has censureship for the City Attorney, with the censure to include, but not be limited to reorganization of the City Attorney's Office.

Council Member Smith asked if the reorganization required a Charter change. Council Member Schmitt responded not to his knowledge. Mr. Kolvet said that that the Council has some powers under the Charter to outline the duties of the City Attorney and other City Attorney duties are outlined in other aspects of the statutes, so to some degree, the Council would have that ability, but how far they could go, he was not certain. Council Member Smith asked if the fact that Mr. Adams is an elected official changed whether it would be unusual for the City Attorney to report to the City Manager. Mr. Kolvet said he was not prepared to answer that question specifically, although the Council had the ability to outline certain duties and the ability to organize and the "power of the purse", but he was not certain how far they could go or what limits they could set.

Mayor Martini clarified that with this motion Council Member Schmitt is looking to postpone this until the 3oth so Shaun can have some time to look at our parameters on censure; look at our parameters on going to the Grand Jury; the parameters of re- organizing the City Attorney's office (whether we can do that and to what extent). Council Member Schmitt said correct, and we would also have the tasks that have been outlined for the City Manager with regard to the censureship and the Grand Jury.

Page 5 of 8

~f the Special Meeting of the Sparks City Council for April 16,2007

City Manager Carey said that he was not trying to drag this out, but two weeks from today is simply insufficient time to work on those kinds of parameters and it would be more meaningful to make the postponement to the first meeting in May. Council Member Schmitt said that he was "not married to the date" of April 3oth and if it was more comfortable to have three weeks or four weeks, it was okay with him to have it on the 7th or whenever. It was noted the first meeting in May was the 1 4 ' ~ and the Council had a meeting on another matter on May 7th. Mr. Kolvet stated the 14'" would be better for him because he had a trial starting May lS'. Council Member Schrnitt stated that he would be happy to amend his motion to the 14'" of May. Mayor Martini asked if the meeting on the 14"' would be at 1:30, like this meeting or at the regular meeting at 3:00 p.m. Mr. Carey said that 1 :30 would give the Council more time to work on the issue.

Council Member Carrigan asked if this was with in the parameters of I 1

the City Council to take a look at Grand Jury proceedings. Mr. Kolvet stated that this is the call the Council is going to have to make based on where they felt the report took them. Council Member Carrigan then said as he understood it, this is an individual decision and if they didn't think there was anything in the report that the public doesn't I

already know, it was their option. He also asked if they did go to the I

Grand Jury, would the report have to be made public. Mr. Kolvet said that if, at that point, they are going to discuss a Grand Jury investigation into this matter, he would suggest that it does. Council Member Carrigan asked where this put them [the Council] with making it public because of a Grand Jury investigation and the request that we don't make it public because of the Federal law. Mr. Kolvet responded that the Council would have to comply with the Federal law and there would be various procedures they would have to go through. He said there are procedures under the fair credit reporting act that they had to comply with and if they didn't comply with them, it [the report] is confidential and it takes time to do all those I

procedures. He asked if the Council would be setting the City up for another lawsuit if they bring the fair credit law into effect and disclose the report. Mr. Kolvet stated if he thought the Council was doing that, he would advise them not to. He said if he looked at it and determined

I there was a problem, he will let them know. I

Mayor Martini stated that because of the Fair Credit Reporting Act we can't make this a public document and asked Mr. Kolvet to explain how this law comes into play with this particular investigation. Mr. Kolvet stated the Fair Credit Reporting Act is very broad in its scope and included in that is anything that may adversely affect the employment of a person. He said if they were going to make a report

Page 6 of 8

Minutes of the Special Meeting of the Sparks City Council for April 16, 2007

that potentially affects the status of that employment, it affects their credit rating and therefore you have to comply with the act. He said that is what these kinds of investigations fall under. He said under that section of the Act you cannot disclose if it is going to have that affect, without following several procedures from that Act. He said there has been inquiry as to whether the public records law comes into play and of course it is in play. However, under the public records act in Nevada there is a provision that all records, unless otherwise deemed to be confidential, are public. There is an Attorney General opinion dealing with this similar subject, in which the Attorney General concluded that the Fair Credit Reporting Act does, in fact, provide an exception to the Public Record Act. He said as he sees it, there are two ways that this report could become public at this point: if Mr. Adarns waives any confidentiality that he has concerns about with the report and the second is a court order.

Council Member Mayer asked if the tasks were part of the motion to postpone the meeting. Council Member Schrnitt responded that he thought that was what Council Member Mayer requested so he made them part of the motion. Council Member Mayer said he would like to make an amendment to the motion to add a task: that we also look at pulling the City Attorney out of the same resolution as the Judges for pay. Council Member Schrnitt said he would be happy to amend his motion to include this.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to postpone the meeting to May 14'~ and to task the City Manager to instruct the Attorney of his choosing to start the necessary paperwork for a Grand Jury hearing and also to draft a resolution that has censureship for the City Attorney, with the censure to include, but not be limited to reorganization of the City Attorney's Office. And that we also look at pulling the City Attorney out of the same Pay Resolution as the Judges. Council Members Mayer, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

Council Member Schmitt said that it would probably be worthwhile to maybe review the report and see what areas of the City Policy he believes are deficient and then each of the Council Members can talk directly to him on any issues they may have. He said he felt that there were some areas that this case has brought forward that we need to be very prudent to ensure that it doesn't happen again to any employee in the City of Sparks. He said he would also like to apologize to the Citizens of Sparks for the last several months. He said this has not been easy for the City Council, but they went down a path that they

Page 7 of 8


thought was the right thing to do and he still believes it is the right thing to do. He said it was unfortunate that this report was not made public, but as Mr. Adams' attorney has said there is nothing in the report that should be of concern and he encouraged Mr. Adams to step forward and submit that report to the public.

4.1 Time: 1 :58:33 p.m. Comments from the None. Council and City Manager

5. - Time: 1:58:40 p.m. Adj oununent There being no further business, the meeting was adjourned at 1:58

p.m.

Mayor

City Clerk >>>

Page 8 of 8

REGULAR MEETING OF THE SPARKS CITY COUNCIL April 9, 2007

Time: 3:14:03 p.m. Call to Order The regular meeting of the Sparks City Council was called to order


Time: 3:04: 10 p.m. Mayor Geno Martini, City Clerk Debi DoIan, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney David Creekman, PRESENT. City Attorney Chet Adams, ABSENT.

Staff Present: Tom Clewell, Kathy Clewett, Marc DeLaTorre, John Dotson, Steve Driscoll, Shirle Eiting, Shawn Gooch, Rob Joiner, Steve Keefer, Neil Krutz, Adam Mayberry, Kelly McGlynn, JoAnne Meacham, Karen Melby, Armando Ornelas, Robin Pagni, Summer Pellett, Gary Potter, Margaret Powell, Jim Rundle, Wayne Seidel, Stan Sherer, Victor Villarreal, Randy Waterman and Carrie Brooks.

Invocation and Pledge of Time: 3:04:24 p.m. Allegiance The invocation was given by Pastor Pete Vossler of Crosswinds

a Assembly of God Church and the Pledge of Allegiance was led by Boy Scouts from Troop 24.

Comments from the Time: 3:05:40 p.m. Public Mayor Martini interviewed the three boy scouts from Troop 24,

who were present for their Communications or Citizenship merit badges.



3. - Time: 3:08:07 p.m. Approval of the Minutes A motion was made by Council Member Smith, seconded by

Council Member Mayer, to approve the minutes of the Regular Meeting of March 19, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 1 of 11



4.1 Time: 3:08:35 p.m. Proclamation - Public Mayor Martini read a proclamation naming April 8 -14, 2007 as Safety Public Safety Telecommunications Week in recognition of our Telecommunications Emergency Communications Dispatchers who answer 9 1 1 calls Week and work daily to protect the public and promote public safety.

The proclamation was accepted by Police Lieutenant Steve Keefer. Lt. Keefer then presented Dispatcher Melissa Nabong with a Dispatcher of the Year award. He noted Ms. Nabong had been chosen for this award by a vote of her peers.

5. Consent Items: Time: 3: 12: 18 p.m. A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve Consent Items 5.1 through 5.5. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

5.1 - An agenda item from Finance Director Tom Minton Report of Claims and recommending approval of the Report of Claims and Bills paid Bills and Appropriation and the Appropriation Transfers made since the last regular Transfers Council Meeting for the period covering March 8, 2007 through

March 21,2007.

5.2 - Increase to an Existing Purchase Order for

An agenda item from Public Works Director Wayne Seidel and Civil Engineer Kelly McGlynn recommending the City Council approve an increase to an existing Purchase Order to Petersen

Maintenance Services on Construction, Inc., for maintenance services on the reclaimed the Reclaimed Water water treated effluent system, in the amount of $30,000. This is Treated Effluent System critical maintenance to ready the system for the heavy irrigation

season which should begin within the next 30 days. Quotations were solicited and Peterson Construction was chosen to provide a two-man crew with a truck and required tools for general system maintenance. This request is for additional funds for that PO (#164294) to continue the required system maintenance. The additional amount is for an additional 300 crew hours (7-112 weeks)

5.3 - An agenda item from Engineering Manager Janelle Thomas Request for a Variance to recommending the City Council approve a Request for a Variance Waste Management for to Sparks Municipal Code, Title 15 (Sections 14.1 1.03 10 through Development Within the 15.1 1.0350, Floodways) to Waste Management for development Regulatory Floodway within the Regulatory Floodway. Waste Management is

requesting a variance to allow for enclosure of an open air - unenclosed (no walls) facility which houses the dumpster repair operations. The proposed modified facility is located within the FEMA regulatory floodway and, as such, any development activity requires a variance. The Engineering Division of the community Development Department has reviewed the site plan and the

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5.4 Approval of Grant Funds for Emergency Management Efforts

5.5 Change Order No. I for the Disc Drive Detention Basin Spillway Rehabilitation Project

associated technical documents in support of the project and is of the opinion that the development activity will have no adverse impact to the floodway, and therefore staff supports the request.

An agenda item from Emergency Management Administrator Gary E. Dunn recommending the City Council accept a $48,241.61 FY 2007 Emergency Management Performance Grant (EMPG) from the State of Nevada's Division of Emergency Management to supplant 50% of selected City General fund salaries and expenditures related to the City's on-going emergency management efforts during the Federal Fiscal Year ending September 30,2007.

An agenda item from Public Works Director Wayne Seidel and Civil Engineer Kelly McGlynn recommending the City Council approve Change Order No. 1 in the amount of $5 1,564 to Petersen Construction for the Disc Drive Detention Basin Spillway Rehabilitation Project (CIP #7112). This change order is necessary to construct improvements that were not included in the original scope of work and include a low-flow drain system for the spillway basins and a paved access road to maintain the spillways. Funds are available for this Change Order.


Time: 3:13:02 p.m. Local Legislative Affairs Government Affairs Manager Rob Joiner provided a review of Issues legislative issues as outlined in his staff report. He noted that this

Friday is the deadline for passage of bill drafts from the Committees of the first house.

AB-160 - This is the annexation bill that affects our contiguous annexations along our borders. It contains new noticing procedures and new appeal procedures. It has passed out the Government Affairs Committee and the Assembly and will be going to the floor. It is understood that it will probably pass. However, AB-287, which was submitted by Washoe County on behalf of the three entities, as well as the Truckee Meadows Regional Planning Agency, was discussed in Committee, but it has not come back from work session and it very likely will not get out of Committee this week. There is another bill, AB-5 15, that would allow cities to organize GID7s. Council Member Carrigan noted that Sparks, Reno, and Truckee Meadows Regional Planning all spoke in favor of the non-contiguous annexation bill but the County didn't. He asked where the County stood on the bill. Mr. Joiner replied that they were not neutral, they were not supportive, nor were they opposed. Mayor Martini noted that two of the three County members of the Regional Planning Governing Board voted against the bill. Council Member Carrigan asked if this was part

Page 3 of 1 1

the Regular Meeting of the Sparks City Council for April 9,2007

of the Settlement Agreement. Mr. Joiner responded that this was the way some would view it. Council Member Carrigan said he thought it was part of the Settlement Agreement and that we were all supposed to support it and get it passed. He said item 6.5 was for over $800,000 to do our concurrency study and he felt that we should not pay for the study unless we can figure out what sort of annexation program we would have. He said if we can't approve non-contiguous annexations, then we don't need to spend the money, because we always make sure we have infrastructure in before we okay a development, especially if it is annexed.

AJR-3, this is the joint resolution affecting eminent domain, has passed out of Committee.

He noted that there are several housing bills and he is pleased to report that the bill we worked on in the interim, AB-527, will be heard tomorrow morning in the Assembly Government Affairs. This is the one that gives us standing to appeal the assessments and collections of our tax increment proceeds. In the past we have not had this opportunity. It also gives us standing to look at the valuations as they occur and to question those valuations.

SB-101 - this is our City Charter bill. It passed.

AB-570 - this is the language on governance of City Attorneys in Reno and Sparks if they were to be appointed as opposed to elected. This has been heard in the Justice Committee in the Assembly once and has been scheduled for a work session this Thursday and the Chairwoman has requested that we be carved out of that bill because it is not being supported by our Council and our neutrality on this issue.

We submitted a bill known as AB-180, a graffiti bill. However, because of the collaborative bill AB-14, our language was put into this, along with a lot of other bills. This has passed out of both the Judiciary Committee and the floor of the Assembly and has gone to the Senate.

Mr. Joiner said they have been dealing quite a bit with AB-438, which is the outdoor advertising (billboard) bill. He said that two years ago Sparks worked very hard to get an agreement with the industry and the other local governments, as well as NDOT, on how we would handle billboards that are blocked by sound walls and other obstructions. The upshot of the agreement was that we would not have to compensate them and there was no implied right of view or air or easement. This is being challenged again this year by two companies in the outdoor advertising industry and we Margaret Powell and I worked on an amendment that basically says that because we don't require a land use permit, such as a

Page 4 of 1 1


Special Use Permit for billboards, but grant them by standards just like any other request, we felt we were not in the same situation that some of the other communities are. He pointed out that we are also content neutral on our billboards. He said the bill is in the assembly and if it does pass out without certain amendments and it is still not favorable to us, we still have an opportunity to work with the Senate.

He said our community center bill, SB-240, has not yet been introduced. He said it is still in play, but it hasn't been heard in committee. However, because this is a fiscal issue, it could be exempted from the deadline.

He reported that just this afternoon SB-203, the Rock Park and the baseball bill, was brought back to a work session. It was due to pass out of committee, but there was another stipulation made that both sides of the bill would be made effective October 1'' of this year. He said this would give us the two-year extension for the Rock Park funding; however, if, by October lSt, we have to have a site and an agreement with a triple A baseball team, or the funds will be available for other uses. Council Member Schmitt asked if after October lSt, the bill does not preclude us from still using the money; it just opens up the funds for competition. Mr. Joiner said, "Absolutely." Council Member Mayer asked if the Stadium Committee that was formed by the baseball legislation would still be in effect. Mr. Joiner said his understanding was that this bill would not change this and the Stadium Committee would still have final say on how the money is used. Council Member Mayer expressed concern that if the money was used to improve Coley Park for a California league; how would the Stadium Committee have control over University of Nevada property? Council Member Carrigan asked for the definition of "professional baseball". Mr. Joiner said he thought it was any professional team, but today it was related to him that it was double A or triple A teams. Attorney Creekman said that to the extent the Stadium Committee is made up of representatives from the different jurisdictions, it is possible for them to enter into a cooperative agreement with one another to assume governmental functions which otherwise would be performed by the university.

AB-518 and AB-526 are the franchise bills that were negotiated between the industry and local governments. However, the new wrinkle is SB-246, which is Senator Townsends' bill and is very similar, if not exactly, what he proposed two years ago and over a six year period it would take away all franchise fees. This has been introduced and will be heard tomorrow in Committee. So, we don't know how this relates to the other bills or how it will fare in Committee.

Page 5 of 11

the Regular Meeting of the Sparks City Council for April 9, 2007

AB-479 would extend our insurance coverage for dependents to the age of 28 instead of the current 25. Because of input from out Risk Management staff, we signed-in in opposition to this bill.

He reported that on April 25th, the day after the deadline for bills to pass out of the first house, we have invited them on a bus tour, beginning at 4:30 p.m., to tour through our new developments and then have an hors d'oeuvre reception at the Larry Johnson Community Center.

Council Member Mayer expressed concern over the housing bill now before the legislature, stating the bill contained a provision for a penalty of 1112'~ of the money we get for housing per year if we fail to meet three of four areas of affordable housing criteria. Planning Manager Margaret Powell explained that they have been working with the legislature to create language that broadens the criteria to make it easier to meet the "three out of four" requirement.

A motion was made by Council Member Mayer, seconded by Council Member Salemo, for Sparks to oppose any penalties in any of the housing bills and to promote incentives for meeting the criteria instead. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Council Member Carrigan noted that on Friday at the Legislative Subcommittee meeting for TMWA, they were briefed that the SCR-26lSB487 has changed. They now want to have Washoe County, Sparks and Reno enter into a joint powers agreement to form the Northern Nevada Water Authority (or whatever we call it) and if we don't get this accomplished by the end of this year, then the bill goes into effect. Mr. Joiner noted that our Lobbyist Rocky Finseth is not here today because he is in Carson monitoring this bill.

Council Member Mayer asked Mr. Joiner to be aware of and work to see that it doesn't happen: RTC is looking at the impact fees for road construction and they are discussing making the three areas (Washoe, Sparks and Reno) into one area. He said this was detrimental to the City of Sparks and asked that we go on record as opposing this, stating we want to keep our impact fees in Sparks. Council Member Mayer proposed a motion to oppose this. Community Development Director Neil Krutz said that staff does represent the City on the RTC Regional Road Impact Fee Update Committee and they will convey his feelings and Sparks' position as indicated today. City Manager Carey suggested that this issue could be put on the next agenda to allow staff time to provide further information and that formal action could be taken at that time.

Page 6 of 11


6.2 Time: 3:42:42 p.m. Impact Fee Agreement An agenda item from Deputy Director for Community No. 10 (Morrison Homes Development John Martini requesting the City Council approve of Nevada) Impact Fee Agreement No. 10 (Morrison Homes of Nevada, LLC)

to allow for participation in Service Area Number 1 Impact Fee Program. This agreement is a master agreement setting up the details of Morrison Homes of Nevada's participation in the program. The improvements financed with these credit agreements are in the capital improvements plan. Civil improvement plans, construction specifications, and cost estimates have been reviewed and found to be acceptable.

Community Development Director Neil Krutz noted that this was a standard agreement that we have with all new developers within our impact fee area. The agreement acknowledges that they are building in the impact fee area; the City authorizes reservation of future capacity for those items that are paid for with impact fees and the developer agrees to make payments for those as they pull building permits on the project.

A motion was made by Council Member Carrigan, seconded by Council Member Schrnitt, to approve Impact Fee Agreement No. 10 (Morrison Homes of Nevada, LLC). Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.3 Time: 3:44:09 p.m. PCN06024, Final An agenda item from Associate Planner Summer Pellett requesting Approval of the Los the City Council approve PCN06024, a request from Flamingo Altos Crossing Planned Paradise Partners, LLC for final approval of the Los Altos Development Handbook Crossing (formerly Barcelona Crossing) Planned Development

Handbook located in the PD (Planned Development - Kiley Ranch Southern Development Division) zoning district, generally located on Sparks Boulevard, north of Los Altos Parkway, and south of Village Knolls.

Ms. Pellett noted that Los Altos Crossing was a 12 acre site located within what is known as the Kiley Ranch Southern Development Division Planned Development, located on the northeast corner of Sparks Boulevard and North Los Altos Parkway. She said staff has reviewed the handbook and the final handbook is in substantial compliance with the tentative handbook.

Council Member Mayer asked if this was a new owner. Ms. Pellett responded it was the same owner. Council Member Mayer said he remembered they had a long discussion regarding access to the project and asked if they were still the same as designed with RTC, etc. Planning Manager Karen Melby noted that the plans were not changing and the project has one driveway on Sparks

Page 7 of 11


Boulevard, located approximately in the middle of the development; one off of Caldera; and one off Village Knolls. She noted the access on Sparks Boulevards right in, right out only.

Council Member Carrigan asked what they were amending. Ms. Pellett said they amended some architectural standards and they added the permitted use of drive-thru businesses. She noted that they also reduced the landscape strip adjacent to the residential by 10 feet. It used to be a 25 foot standard and now it is a 15 foot standard. Council Member Carrigan said he thought it was worked out with the neighborhood that it would be at 25 feet. Ms. Melby said they are putting up the masonry wall, so it was reduced to 15 feet. She said that originally it was at 25 feet because they were possibly going to do two story buildings, but now they are not.

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to approve the planned development handbook amendment request associated with PCN06024 as the final draft is in substantial compliance with the City Council's action on the Tentative Approval of the Los Altos Crossing Planned Development Handbook and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.4 Time: 4:48:3 1 p.m. Bid Award for Purchase An agenda item from Parks and Recreation Director Stan Sherer of a Boiler for Deer Park recommending the City Council approve the purchase of a boiler Pool for the Deer Park Pool. During the renovation of the pool, it was

discovered that the existing boiler will no longer function properly and the Washoe County Health Department will not issue a permit to open the pool with the current boiler in place. Two formal bids were received for the cost of a new boiler and Highland Mechanical Contractors submitted the low bid of $28,215.00. It is essential that we order this boiler as soon as possible if we hope to open the pool the first week in June.

Council Member Mayer asked why this item was not under consent. City Manager Carey explained that it was a late item and it was originally a consent item on the last meeting that was pulled because the Purchasing Manager found an irregularity. Therefore staff felt that it would be better as a general business item so that the Council could see that there was a four thousand dollar savings over the prior quotes.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve the purchase of a boiler for Deer Park Pool. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 8 of 11


6.5 - Time: 4:24:59 p.m. Professional Services An agenda item from Public Works Director Wayne Seidel Contract for Conceptual recommending the City Council award a Professional Services Master Facility Planning Contract for Conceptual Master Facility Planning for the for the Expanded and Expanded and Future Truckee Meadows Service Area within the Future Truckee Meadows City of Sparks to Stantec in the amount of $849,233. Service Area with Stantec

Utility Manager JoAnne Meacham noted that this item was for facilities planning pursuant to the annexation settlement agreement of last July. She said the plan would provide facilities planning for transportation, water, wastewater, flood control for the Truckee Meadows Service area and future service areas. She noted that that the total request is for $849,233; of which $464,784 will be funded by the Regional Water Planning Commission. This represents 82% of the water, wastewater and flood control portions of this study. That leaves Sparks to pay $384,449. She said Sparks will do the PO for the total amount and seek reimbursement from the County.

In response to questions from Council, Ms. Meacham noted that Reno and Washoe County have already approved the expenditure and are underway with their facilities planning, which are also similarly funded by the Regional Water Planning Commission.

Civil Engineer Andy Hummel added that this item does not include an interlocal agreement that will be on the next agenda and that this item is strictly the contract with Stantec.

Council Member Schmitt asked how Stantec was chosen for this project. Mr. Hummel stated they submitted a Request for Qualifications in November and four or five firms responded. They were interviewed in December and Stantec was chosen and the scope of services was developed based on the RFQ. Council Member Schmitt asked who was on the interview panel. Mr. Hummel replied that himself, from Public Works; a representative from Planning; a representative from the Traffic Engineering Division; a representative fiom the City of Reno; and a representative from Community Development Engineering.

In response to comments it was noted that Reno selected a different consultant and that consultant did not respond to our RFQ. Ms. Meacham also noted that a representative from Washoe County also sat on our selection committee, but there was no Council representative on the selection committee.

Council Member Carrigan asked how the annexation bill now being considered by the legislature would affect this project. Ms. Meacharn noted that she was not sure; however, as part of our sphere of influence and having responsibility for the facilities

Page 9 of 1 1


planning, we cannot delay this project because there is development going on right now in those areas. Council Member Carrigan asked if it would be better to be cautious and hold off on this until we see what the annexation bill does. Ms. Meacham said she felt we should proceed and manage the contract in a way that we begin the plan for contiguous annexation.

Mayor Martini asked if this could be approved contingent upon what happens with the settlement plan or upon what happens in the legislature, so we know how it affects us. Council Member Carrigan suggested we approve the $464,784 from the Regional Water Planning Commission and our 12%. Ms. Meacham noted that if this is not annexed into the City of Sparks' Sphere of Influence and Planning Responsibility it would, by default, be the County's.

Council Member Carey stated that to have an opportunity to discuss this matter at a staff level and consider the questions the Council has posed, he suggested the item be tabled until we know more about the configuration of the annexation bill.

A member from the Regional Water Planning Commission said the answer to the Councils question was a difficult one because this Legislative Session is filled with many water related issues. He said the only thing he would caution the Council about is that at the end of this year, it is very possible that if legislation goes through regarding the Northern Nevada Water Authority, the Regional Water Planning Commission under NRS 540A disappears and he cannot say what will happen to the funding. He said that although the funding may carry on, he can't say that this funding will carry on for the purposes of the Regional Water Planning Commission.

A motion was made by Council Member Carrigan, seconded by Council Member Mayer, to continue this item to the first meeting in May. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.6 - Time: 4:03:32 p.m. lSt Reading of Bill No. City Clerk Debi Dolan read Bill No. 2543 by title, a general 2543, PCN07008, ordinance providing for the rezoning of certain lands owned by Application for a TOD Rock Ridge Investment Group, LLC, to apply the TOD (Transit Overlay District at 1040 Oriented Development) Overlay District to the TC (Tourist "C" Street Commercial) zoning district on a site approximately 1.6 acres in

size in the City of Sparks, located at 1040 "C" Street; and providing other matters properly relating thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City

a Page 10 of 1 1 I

1


Council Meeting of April 23,2007.

6.2 Time: 4:04:06 p.m. 1'' Reading of Bill No. City Clerk Debi Dolan read Bill No. 2542 by title, a general 2542, ~ ~ ~ 0 7 0 0 7 , ordinance providing for the rezoning of certain lands owned by Rezoning from R1- 15 to Immaculate Conception Church from R1- 1 5 (Single Family PF on 9.10 Acres at 2900 Residential) to PF (Public Facility) on a site approximately 9.10 North McCarran acres in the City of Sparks, located at 2900 North McCarran Boulevard Boulevard, Sparks, NV; and providing other matters properly

relating thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of April 23,2007.

7. Public Hearings and Action Items Unrelated to Planning, and Zoning;: NONE


9. - Time: 4:04:46 p.m. Comments from the Council Member Mayer noted that the CIP projects list on the Council and City computer needs to be updated. Manager

Council Member Smith noted that Mayor Martini will be accepting the American Institute of Architects Liberal Communities Medal on behalf of the City.

10. - Time: 4:06:34 p.m. Adjoununent There being no further business, the meeting was adjourned at

4:06 p.m.

Mayor

City Clerk >>>

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~ REGULAR MEETING OF THE SPARKS CITY COUNCIL 1 March 26.2007

Call to Order

2. - Roll Call




Time: 3:03:48 p.m. The regular meeting of the Sparks City Council was called to order by Mayor Geno Martini at 3:03 p.m. in the Council Chambers of the Legislative Building, 745 Fourth Street, Sparks, Nevada.

Time: 3:03:53 p.m. Mayor Geno Martini, City Clerk Debi Dolan, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney Tom Riley, PRESENT. City Attorney Chet Adams, ABSENT.

Staff Present: Tom Clewell, Kathy Clewett, Marc DeLaTorre, John Dotson, Steve Driscoll, Jon Ericson, Pete Etchart, Andy Fuller, Major Herrick, Ben Hutchins, Rob Joiner, Robert King, Neil Krutz, Dan Marran, John Martini, Adam Mayberry, Armando Ornelas, Michelle Peltier, Wayne Seidel, Stan Sherer, Mindy Snyder, Chris Syverson, Karen Todd, Victor Villarreal, Carrie Brooks and David Fitzpatrick.

Time: 3:04:10 p.m. The invocation was given by Pastor Ron Arnold of Our Savior Lutheran Church and the Pledge of Allegiance was led by Council Member Mike Carrigan.

Time: 3:05:29 p.m. Mrs. Shirley Bertschinger, 832 Olancha Court, Sparks, noted that she testified at the Legislature in favor of SB-101, the change to the Sparks City Charter. She also noted that she informed the Legislature that our City Attorney's name had never appeared on a ballot (he ran unopposed for two terms) and accused Mr. Adams of hiring an attorney to do his work (Stan Brown). Council Member Schmitt asked staff for a report on what cases the contract attorney, Stan Brown, has been working on for the past year.


Item 5.1 1 was pulled from the agenda.

A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 1 of 22

Minutes of the Regular Meeting of the Sparks City Council for March 26,2007

3. Time: 3:09: 18 p.m. Approval of the Minutes None.


4.1 - Time: 3:09: 18 p.m. Introduction of New Fire Marshall Robert King introduced two new Fire Inspectors: employees Michelle Peltier and Major Herrick. He noted that Ms. Peltier is

filling a vacant position and comes to us with four years of experience working at the Nevada State Fire Marshall's Division. Mr. Herrick is filling a new position paid through the Cityworks Enterprise Fund that will allow us to establish a new fire hydrant and water inspector position. Mr. Herrick has over 10 years of wild land fire protection experience with the California Division of Forestry and three years of fire inspection experience at the Hawthorne Army Ammunition Depot.

4.2 - Proclamation - Red Cross Month

Time: 3: 14:22 p.m. Council Member Schmitt read a proclamation naming March, 2007 as Red Cross Month in recognition of the efforts of the Nevada Chapter of the American Red Cross in providing relief to victims of disasters and helping prevent, prepare for, and respond to emergencies in the 87,000 square miles of northern Nevada. The proclamation was accepted by Caroline Punches of the Nevada Chapter of the American Red Cross.

4.3 Time: 3:22:06 p.m. Proclamation - Tartan Mayor Martini read a proclamation naming April 6, 2007 as Day Tartan Day in commemoration of all that is best in Scottish history

and culture. The proclamation was accepted by Elizabeth Howe, Northern Nevada Governor of the Clan Rarnsay and other local representatives.

4.4 Time: 3 :22: 19 p.m. Proclamation - Tune In Council Member Smith read a proclamation naming March 26, To Kids 2007 as Tune In To Kids Day in recognition of those who have

partnered together to promote positive family involvement and the use of media in a positive, fun and interactive way. The proclamation was accepted by Jodie Rogerio.

5. Consent Items: Time: 3:26:09 p.m. Agenda Items 5.2, 5.4, 5.5, 5.8 and 5.9 were pulled for discussion and separate vote. Agenda Item 5.1 1 was pulled from the agenda.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Consent Items 5.1, 5.3, 5.6, 5.7, 5.10 and 5.12. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 2 of 22


5.1 - An agenda item from Finance Director Tom Minton Report of Claims and recommending approval of the Report of Claims and Bills paid Bills and Appropriation and the Appropriation Transfers made since the last regular Transfers Council Meeting for the period covering March 1, 2007 through

March 7, 2007.

5.2 - Time: 3:27:37 p.m. Addition of five An agenda item from Public Works Director Wayne Seidel SewerIDrain Utility recommending the City Council approve five SewerIDrain Utility Workers from the 06/07 Workers and associated equipment to be added to the employee Contingency Budget compliment from the 06/07 contingency budget. The positions

and the associated equipment are needed to expand and maintain proposed service levels. The first four positions are needed to accommodate the City's significant growth, support evening and weekend shifts, implement best management practices which include providing daily televising and manhole condition assessments of the City's storm sewer system, and to develop a long term sewer rehabilitation program. The fifth position is to support the growing needs of the effluent reuse portion of the utility. All five of these positions are in the fiscal year 06/07 contingency budget and would be funded by the Sewer Fund.

Council Member Smith said he thought the City was under a hiring freeze and yet this item was asking for five new positions. Mr. Seidel noted that these positions were approved in last year's budget as mid-year contingency needs under the sewer fund and do not affect the general fund.

Mr. Carey clarified that the general fund is the area where the Council gave staff policy direction not to do hiring of positions and this program is supported by fees from the sewer fund and have been budgeted in the current budget. He said we have seen significant growth in the sanitary sewer and storm drain systems and these positions have been deferred until this time, when we have the revenues to pay for the positions.

Council Member Schrnitt said he was also confused regarding the hiring freeze, because he thought it was for all positions, with the exception of public safety and when they voted, nothing was said regarding which fund positions were paid out of.

Council Member Mayer said that we needed to have some leeway with regard to the hiring freeze and the needs of the City to provide services.

Council Member Salerno noted that these positions were already approved in the budget and we have the revenues to pay for them.

Council Member Smith said we needed to clarify what the hiring

Page 3 of 22


freeze covered.

Council Member Schmitt noted that January's tax numbers are coming out this week and they are expected to be lower than anticipated and that is why we voted on the hiring freeze. He said this is sending a bad message and that perhaps we need a clearer policy on the hiring freeze.

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to approve Consent Item 5.2. Council Members Mayer, Salerno, Smith, Carrigan, YES. Council Member Schmitt, NO. Motion carried.

5.3 An agenda item from Redevelopment Project Manager Robert Professional Services Ryan recommending the City Council approve a Professional Agreement with RTKL Services Agreement with RTKL Nevada Corporation (RTKL) for Nevada for Victorian Victorian Square Phase 2 (partial) schematic design services in the Square Phase 2 not to exceed amount of $140,000.00, including reimbursable Schematic Design expenses. RTKL will perform partial schematic design services Services for the parcels F, G, I and J mixed use buildings sufficient to

provide the basis for discussions with potential developers. In addition, the agreement would provide conceptual elevations for the Municipal Services Building and provide an allowance for additional services as needed.

5.4 Time: 3:36:14 p.m. Professional Services An agenda item from Transportation Manager Jon Ericson Agreement with Parisi recommending the City Council approve a Professional Services Associates for Agreement with Parisi Associates for developing School Area Developing School Area Traffic Control Plans for all schools in the City of Sparks as part Traffic Control Plans for of the "Safe Route to School Plan Updates with the Washoe All Schools in the City County School District in the amount of $46,690.00. This project

involves all 19 elementary, middle and high schools in the City. School Traffic Control Plans (STCP) will improve pedestrian safety by standardizing school zone signage and striping. Standardized STCP will also benefit the Public Works Maintenance Division. Scheduling and adopting a yearly striping and signage maintenance program should be very easy to implement once the plans are finalized. Funds are available for this agreement and will be tracked using CIP 7006.

Council Member Smith said he read the staff report and wanted to know why we needed to pay someone to tell us where to put the stop signs, paint the cross walks, or how fast to drive, when we already do that. Mr. Ericson explained that this is for the Safe Route to School Program and we want to have a plan for each school so we can hand it off to our striping and signing crews so that every school will have the same look, year in and year out. He said that once the program is completed, we will go to the State

Page 4 of 22

Minutes of the Regular Meeting of the Sparks City Council for March 26, 2007

to ask for reimbursement from funds that have been set aside for this purpose. Mr. Erickson explained that some schools are 30 to 40 years old and we haven't gone back to review the striping and signage and there are also new schools coming on board and we want to have conformity throughout the City, whether it is an old school or a new school. Council Member Smith asked if City staff had the capability of doing this. Mr. Erickson replied that no, we don't have the capability right now.

Council Member Mayer said that the Principals, teachers and parents know their school better than a consultant and he felt that it would be better to do this with a committee in the schools, because each school is different. Mr. Erickson responded that the schools are facing the same issues with regard to the budgets, etc. and he felt that it was advantageous to use David Parisi, who was instrumental in getting the funding through the Federal level for the Safe Route to School and once we get this information to the State, we will be reimbursed. Council Member Mayer pointed out that we could come up with the best plan, but if we don't get the schools and parents to buy into it, it is a waste of money.

Council Member Smith said he thought this was a lot of money for something we could do ourselves.

Council Member Schrnitt asked for confirmation that we were going to get this money back. Mr. Ericson confirmed that there was approximately $1 million eligible for reimbursement through the State of Nevada for the Safe Route to School program and as soon as he has the program put together, he will submit it for reimbursement. Council Member Schrnitt asked if there was a guarantee that we would get the money. Mr. Ericson stated that no, there was no guarantee; however, no one else has asked for the money yet. Council Member Schmitt asked if we could get a letter from the State outlining a reasonable expectation of when we would be reimbursed for this money.

Council Member Carrigan asked if we had to so this. Mr. Ericson said that yes, the City is responsible for the school zones; however, the City does not have the staff to go through and inventory all the schools and pull all the striping and signage plans and determine what needs to be done. Council Member Carrigan asked where the mandate comes from to do this. Mr. Ericson replied that it is part of the NRS. Council Member Carrigan asked if this was an unfunded mandate. An argument was made that it was not an unfunded mandate because we can apply for reimbursement. A point was made that we do the striping and signage for all the schools in Sparks anyway. Mr. Ericson argued that yes, we do; however they are not all done in the same manner and not all of them have been updated.

Page 5 of 22


City Manager Carey explained that the genesis of this item is that the FHWA is nationally trying to improve the conformance to their national standards for school zones as a safety initiative. What they have provided to the State of Nevada is grant funding that the City can apply for and this is an opportunity for us to improve the safety of our school zones across the City to ensure that we are taking a look at each of the school zones with the individual conditions that are unique to each school. He said that there are changes which have occurred on an engineering basis for height of devices and it may adjust the location for the advanced warning for cross walks, signage, etc. He said this national effort provides us with an opportunity to have all our school zones looked at in a way that will ensure that they comply with the standards which would lead to the safest situation in all of our schools. He said that Council Member Mayer was right that anytime you are doing changes you do have to have input from the schools. He said the motion would allow staff to refine the fact that we would be able to get substantial reimbursement for this investment, but overall this project would provide an opportunity to improve safety within our school zones.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to allow staff to request a letter fiom the State on whether this would be refunded. Council Members Salerno, Smith, Carrigan, Schmitt, YES. Council Member Mayer, NO. Motion carried.

5.5 Time: 3:48:54 p.m. Authorization to Purchase An agenda item fiom Transportation Manager Jon Erickson Traffic Signal recommending the City Council approve the purchase of traffic Communication signal communication equipment for Spanish Springs traffic Equipment for Spanish signals from Phoenix Highway Products, Inc., in the amount of Springs Traffic Signals $34,918. This equipment will integrate the newly constructed

fiber optic communication link from Spanish Springs to the City's traffic operations center at City hall by utilizing existing copper interconnect lines. The purchase of this type of equipment is exempt from public bidding requirements per NRS 332.1 15.

Council Member Mayer said he needed to know more about this item because the way he read it, the County put in copper wire instead of fiber optic so now the City has to pay to hook up to the fiber optic system. Mr. Ericson explained that with all the new traffic signals in Spanish Springs there has been new fiber optic communications and they basically go from Sparks Boulevard back up to the intersection of Sparks and Shadow Mountain. However, from that intersection we have copper wire that runs back to the TOC at City Hall. He said that the fiber optic system is so fast that we need to upgrade the copper wire communication system to take advantage of the speed of the fiber optics. It was

Page 6 of 22


5.6 - Final Subdivision Map for Miramonte Phase 3b

5.7 - Final Subdivision Map for Marina Waterfront Condominiums

5.8 - Final Subdivision Map for Sierra View Estates

noted that it would be extremely expensive to replace the existing copper wiring with fiber optics and this booster will be a less expensive alternative. It was also noted that a vault for this equipment was installed when Sparks Boulevard was recently widened, so there will be no street cuts made.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve Consent Item 5.5. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

An agenda item from Deputy Director of Community Development John Martini recommending the City Council approve a final subdivision map for the Mirarnonte, Phase 3B. This is the fifth final map within the Miramonte New Urban District and will be generally located north and east of Los Altos Parkway, west of Belmar Drive and East of Vista Heights Drive. This subdivision will create 84 lots on 34.14 acres. The current zoning is NUD and the developer will be Centex Homes. The final map and improvement drawings have been checked and the appropriate fees have been paid. A performance bond has been filed with the City Clerk to guarantee the construction of the public improvements.

An agenda item from Deputy Director of Community Development John Martini recommending the City Council approve a final subdivision map for the Marina Waterfront Condominiums. This project is a conversion of an existing building to condominiums and will be generally located south of East Lincoln Way and west of Harbor Cove Drive. This subdivision will create 24 lots on 1.163 acres. The current zoning is PD and the developer will be Marina Village, LLC. The final map and improvement drawings have been checked and the appropriate fees have been paid. A performance bond has been filed with the City Clerk to guarantee the construction of the public improvements.

Time: 3:54: 10 p.m. An agenda item from Deputy Director of Community Development John Martini recommending the City Council approve a final subdivision map for Sierra View Estates. This subdivision will be generally located north and west of Los Altos Parkway and east of Vista Boulevard and will create 8 lots on 8.70 acres. The current zoning is R1-40 and the developer will be Delmont Associates, LLC. The final map and improvement drawings have been checked and the appropriate fees have been paid. A performance bond has been filed with the City Clerk to guarantee the construction of the public improvements.

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Council Member Carrigan said that this project has been on the books for the past two years an asked if this "was gonna go?" Mr. Martini responded that after the final map is approved, the properties can be sold.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve Consent Item 5.8. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

5.9 - Time: 3:54:52 p.m. Reimbursement An agenda item from Deputy Director of Community Agreement for Parks Development John Martini recommending the Council approve a Construction - Foothills Reimbursement Agreement with Reynen & Bardis (The Foothills), at Wingfield Springs LLC for Residential Parks Construction in the Foothills At

Wingfield development in the amount of up to $2,055,750.00. On November 24, 2003, Wingfield Springs, LLC entered into a Residential Construction Tax (RCT) Agreement with the City of Sparks for construction of four neighborhood parks within the Foothills at Wingfield Springs Planned Development. Reynen & Bardis (The Foothills), LLC, purchased the development from Wingfield Springs, LLC in December of 2003 and began development of the project. Although Reynen & Bardis (The Foothills), LLC was a successor and assignee to the project and subject to the RCT agreement, they were unaware of the existence of the agreement and have been paying cash with each issuance of building permits in the project in lieu of receiving credit. Both parties have agreed to amend the original agreement to allow for cash reimbursement instead of receiving credits against the residential construction tax.

Council Member Carrigan asked how we normally got new parks built in Sparks. Mr. Martini said the parks are built through residential construction tax agreements. He further explained that as we go through the handbook process the developer will work with Parks and Recreation as well as the Planners at Citiworks to identifL how many neighborhood parks we would like to see in a development and through negotiation we arrive at the number of parks and their location. Through the residential construction tax agreement, in lieu of paying the $1,000 cash per single family home, we establish a trust account for the cost of the parks. He noted that in this case the trust account was not set up and the developer was paying cash.

Council Member Mayer asked if Parks and Recreation inspected this park because the one at Wingfield had some problems. Parks and Recreation Director Stan Sherer said that after the developer finishes construction on the park, we do a walk-through to make sure that the park was built per our specifications, and in this case

Page 8 of 22


it was. He noted that there has only been one park that didn't meet our specifications and we don't own that park yet. They are working on the punch list which we submitted to them after the inspection. He emphasized that the City has design review authority and we specify everything from the irrigation to the play equipment so the developer builds the park per our specifications.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to approve Consent Item 5.8. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

5.10 An agenda item from Benefits and Risk Manager Randy Addendum to the Third Waterman recommending the City Council approve an addendum Part Administrative to the Third Party Administrative Contract with CDS Group Contract with CDS Health for administrative services to allow an increase in the Group Health administration fee and the addition of claims processing for

Flexible Spending Account reimbursement. This agreement will increase the "per employee/per month" fee under the contract for medicalldental administration services by $SO, beginning FY 07/08. In addition, CDS is providing a new service, Flexible Spending Reimbursement Account Administration at a cost of $5.00 per participating memberlper month, which services runs January 1,2007 through December 3 1,2007.

-

Purchase of a Boiler for Deer Park Pool

5.12 - Purchase of Water Features at Deer Park Pool

An agenda item from Parks and Recreation Director Stan Sherer recommending the City Council approve the purchase of a boiler for the Deer Park Pool. During the renovation of the pool, it was discovered that the existing boiler will no longer function properly and the Washoe County Health Department will not issue a permit to open the pool with the current boiler in place. Three quotes were solicited for the cost of a new boiler and Southland Industries submitted the low bid of $32,097.00. It is essential that we order this boiler as soon as possible if we hope to open the pool the first week in June.

This item was withdrawn from the agenda.

An agenda item from Parks and Recreation Director Stan Sherer recommending the City Council approve the purchase of water features for the Deer Park Pool. As part of the renovation of the pool the old diving board and slide are being replaced with new, interactive, water features that the children will utilize in the zero depth entry section of the pool. The new pool liner and plumbing fittings are designed to accommodate Rain Drop OM equipment. As such, this product is a sole source for the application of water features. Five features were chosen, including two water cannons, a froggy hoop, a hotlips, a sloppy jalopy, and a manifold, for a total cost of $40,457.00.

Page 9 of 22

ie Regular Meeting of the Sparks City Council for March 26, 2007

Time: 4:00:24 p.m. fairs Government Affairs Manager Rob Joiner and City Lobbyist Rocky

Finseth provided a review of legislative issues outlined in the staff report and added details as follows:

Eminent Domain - there are about five or six bills, but they feel that AJR-3 will be the one that goes forward; however all of them would limit our ability to take property from private to private entities. Mr. Finseth noted that AJR-3 was the joint resolution that was sponsored by Assemblyman Hardy. He said this is the vehicle the will be moving forward and it moved out of the Assembly Judiciary Committee on Friday. We were able to get an amendment in the resolution which would allow for friendly condemnation to occur. This will now go to the Senate. Council Member Mayer said that this was one of the biggest concerns that RTC had and asked Mr. Finseth to read the amendment. Mr. Finseth said the Committee just took a conceptual concept for the amendment, so specific language has not yet been drafted.

Mr. Joiner reported that the City Charter bill was approved by the Senate Government Affairs Committee as presented, so that other language that was proposed by Senator Townsend was taken out and will be introduced in another bill. He said the bill is expected to pass out of the Senate and proceed to the Assembly Floor today. Council Member Mayer thanked Mr. Joiner for getting the added language taken out. Mr. Joiner noted that the other language (the issue of appointed Attorney's) was introduced today as AB-570. This bill was already in the works and does a lot of Charter Amendments to the City of Reno and it also covers both Cities with regard to election campaign canvassing and also discusses the language of appointment versus the election of City Attorney's.

Council Member Carrigan asked who sponsored this bill. Mr. Joiner said the bill now is a Reno Charter Bill, but the language was a Committee introduction. Mr. Carrigan clarified that this means we are tagged onto a Reno bill to have our City Attorney go from elected to appointed. Mr. Joiner confirmed this. Mr. Carrigan expressed his opinion of this legislation, stating that this is something that is being taken away from the voters and he would rather have us ask the Committee to pull the language and have Sparks' voters decide on this issue in two years. It was noted that this was put on the ballot twice and the citizens voted twice to keep the City Attorney an elected position. He said he was not happy with this bill and he felt it should be up to the citizens of Sparks to decide, not the Legislature. Mr. Joiner stated it was his

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understanding was that the Council has not taken a position on this and we will not offer opposition on this bill unless the Council provides subsequent direction.

Outdoor Advertising Bill - Mr. Joiner stated there was a hearing on this, but no action has been taken at this time; however, we are expecting a work session soon. He said that having worked in Planning for 30 years, he was surprised that the geneses of this was not any northern Nevada community and it is not the way we deal with bill board companies, because we have a very good relationship. It is a community in Southern Nevada that actually has a provision that they allow a billboard to be erected and they give it a permit. Then a year later they review that board and if they deem that their community standards have changed or that particular area has changed, they can and have required those billboards to come down. This has given us all a bad name and we are all being painted with the same brush. He said he talked to the bill sponsor and the Committee Chairwoman and explained how our ordinances work differently that what was offered by the proponents of the industry. There may be movement here to carve us out of that and make it stick in the community where it belongs.

Annexation Bills 160 and 287, there has been a lot in the press about these two bills. 160 is proposed by the Carson City and Washoe County Assemblywomen that would change the way we notice and deal with annexations that are contiguous; where a majority of folks that are in a certain noticing area could actually turn down the annexation without a hearing by the governing body of the Regional Planning (which is currently our annexation commission). We have taken direction to oppose this bill. He said the three local governments and Regional Planning are supporting AB-297. Through the Regional Plan Settlement Agreement, this was a clarification of how we deal with discontiguous annexations; annexations that are in our program of annexations; such as we have done for almost 15 years in Spanish Springs and we hope to do someday in the East Truckee Canyon. This bill was getting a lot of misinformation through the hearing process and even though our City Planner Margaret Powell and other representatives of local government did an excellent job of explaining how annexations work in the real world, the message did not appear to be getting through to the Committee.

The Larry Johnson Community Center Bill was introduced, requesting $1 million and that will be coming to a hearing very soon. He noted that the first phase of the center is scheduled to open soon and our Federal Delegations have been invited to the opening.

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On the Rock Park issue, Mr. Joiner said they have provided a lot of feed back on this issue already and SB-203 will be heard next Monday, the 3rd, and this has the legislation that would expand the allowance for baseball in our region. We are in the position of supporting one portion of the bill and not the other; however, if it comes to that and we don't have the status of our Triple A dealings, we can remove that language and put it into another fiscal bill that would carry the extension of our Rock Park money.

State Franchising Agreements - We now have AB-518 and AB- 526 which were introduced today and they are the video and telcom components of the franchising reform. We have had meetings on this with the Urban Consortium, the Leagues, the NACOs, all the local governments and with the industry to understand first what they are asking for and to give our input. We have heard that it won't be coming down from Federal government this year.

SB-96 - this affects our general services tax, but there is nothing new on this bill. We don't know if it will move and if it does, we will report back.

6.2 Appointment of Two Council Members to Attend the Washoe County Regional Open Space and Natural Resources Management Plan Planning Effort

SB-56 - this increases the tort liability from $50,000 to $100,000 for civil actions. This bill moved out of the Senate in the early portions of the session and it was heard early last week in the Assembly Judiciary Committee and was moved out on Friday, un- amended. We expect, when it makes it to the Assembly floor, that it will be scooped up by Assembly Ways and Means, so there will be one more hearing on this issue. There are a number of fiscal notes attached to this bill and the Chairman wants to sort through some of those issues. There is a concern that if the bill is amended on the Assembly side, it may not make it out of the Senate again because the vote in the Senate was very close.

Time: 4:17:13 p.m. An agenda item from Senior Planner Victor Villarreal requesting the City Council appoint two City Council Members to attend a meeting of the three local jurisdictions on April 2, 2007, to preview the Washoe County Regional Open Space and Natural Resources Management Plan planning effort to be held from 10:OO a.m. to l1:OO a.m. in the Washoe County Commission Caucus Room. The County will be conducting the meeting to provide a preview of the upcoming planning effort, discussing what the plan "is and isn't" and fielding any questions. Staff is requesting the appointment of two City Council Members to attend this preview meeting.

Mr. Villarreal noted that Washoe County is in the process of updating Regional Open Space and Natural Resources

Page 12 of 22 1


Management Plan. On a staff level, the City has already been involved in this and now the County has invited the City Council to take part in a project preview meeting. City Manager Carey said he took the Council's discussions at their most recent retreat to heart where they discussed the need for more open space. He said this is an opportunity for the Council to get more involved in the process on a planning level.

Council Member Smith and Council Member Mayer volunteered to attend this meeting.

A motion was made by Council Member Carrigan, seconded by Council Member Salerno, to appoint Council Members Smith and Mayer. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.3 - Time: 3:58:42 p.m.* Appointments to the An agenda item from City Manager Shaun Carey requesting the Airport Noise Advisory City Council confirm the Mayor's reappointments of Larry Panel and the Civil Kleinworth and Michael Railey to the Airport Noise Advisory Service Commission Panel and Michael Rainey to the Civil Service Commission.

Sparks has three appointments to the Airport Noise Advisory Panel, all of which expired December 3 1, 2006. Announcements of these vacancies were made at two City Council meetings but no applications were received for this committee. Mr. Railey is willing to serve another term and Dr. Kleinworth, who is the current chair of the Panel, is willing to serve another term. There is one vacancy on the Civil Service Commission for a term which expires June 30, 2008. Several applications were received for this Commission and Mayor Martini conducted phone interviews with the applicants. He is recommending that Michael Rainey be appointed to the Commission.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to confirm the Mayor's reappointments of Larry Kleinworth and Michael Railey to the Airport Noise Advisory Panel and Michael Rainey to the Civil Service Commission. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

~ *This item was taken out of order.

6.4 - Time: 4:21:00 p.m. Approval of Issues An agenda item from Infrastructure Administrator Ben Hutchins, Related to the City's requesting the City Council provide direction or approval of issues Financial Rate of Equity related to the City's financial rate equity studies for the sanitary, Studies for the Sanitary, storm and effluent sewer utilities. The City has engaged a Storm and Effluent Sewer consultant, FCS Group to conduct financial rate equity studies for Utilities the sanitary, storm and effluent sewer utilities and is present with a

Page 13 of 22

le Regular Meeting of the Sparks City Council for March 26,2007

presentation to outline the rate study process and seek input and policy direction from the City Council.

Mr. Hutchins noted that on January 1 6 ' ~ ~ the Council approved the hiring of a consultant to assist with the rate study for the sewer fund and with this rate study we are going to include all the rates within the sewer fund, including sanitary sewer, storm sewer and effluent sewer. Within the study there will be significant work accomplished within the timeframe allotted and we plan to have any modification of rates implemented by January 1,2008.

He said in January the Council gave staff direction to have as much public involvement in the rate study as possible and since then there have been four articles published in the Sparks Today section of the Reno Gazette Journal; they gave a presentation to the Citizen's Advisory Committee; and personally contacted some community members who might be interested; mailed invitations to all the Sparks businesses inviting them to participate in our first user group meeting; and we held our first meeting on the 28th of March with 10 initial participants. He said if everyone who has agreed to participate carries through, we will have representation from each of the rate classes which includes residential, commercial, development, businesses with commercial discharge permits, and the water reuse customers.

Mr. Hutchins then introduced the consultants from the FSC Group: Karen Johnson, Ed Cebron and Samantha Holert, who gave a power point presentation on the rate process as follows:

Introduction to the Rate Study Process

What is a Rate Study?

Fiscal policy review (financial standards)

Long-term financial forecast (system-wide revenue needs assessment)

' Cost of service analysis (equity among customer classes)

Rate design (equity within customer classes)

Capital connection charges (equity between existing and future customers)

Long-Range Financial Forecasting Components Fiscal Policies (Financial Standards) Capital Financing Plan (Capital Improvement Program - CP) Operating Financial Plan (O&M Costs) Revenue Surplus or Shortfall Calculation Rate Forecast & Impact

Establish Your Financial Standards (Fiscal Policies) WHAT TO DO

Develop or review financial management (fiscal) policies Develop transition strategies to attain compliance

Page 14 of 22


Evaluate long-term viability Reliable, reasonable policies essential to financial viability Documented policy framework to guide future financial decisions Phase-in strategies as necessary

Operating Resewe Fiscal Policies ' Provides sufficient cash flow (working capital) to meet daily

operating expenses APPROACHES

Maintain a minimum balance in the operating fund equal to 30 to 45 days of O&M (about 8% to 12%)

' Sustained from rate revenues ' In any year where cash reserves exceed target, transfer to capital

fund to help pay for capital projects APPROACHES

Annually fund from rates an amount equal to:

Annual depreciation expense net of annual debt principal payments (minimum funding level)

' Annual depreciation expense (moderate funding level)

Replacement-based dollar amount (full recovery) System Reinvestment Fiscal Policies

Ensures ongoing system integrity through reinvestment in the system Charges customers commensurate with the consumption of facility useful lives Maintains rate stability

APPROACHES

Annually fund from rates an amount equal to:

Annual depreciation expense net of annual debt principal payments (minimum funding level)

' Annual depreciation expense (moderate funding level) ' Replacement-based dollar amount (full recovery) System Reinvestment Funding - Minimum Depreciation expense net of annual debt principal payments ' Recognizes that the utility improves its financial condition through

reducing liabilities, such as debt, and supplements this through the incremental difference to full depreciation funding

' Most directly relates to a financial "break even" in terms of profit or loss, mitigates the rate impact of funding, and avoids concerns related to "double charging" current customers for system assets

System Reinvestment Funding - Moderate Depreciation expense as reported in Jinancial records ' Fully funds the decline in asset value, as measured by original

construction costs ' Avoids decline in system asset value by replacing physical assets

with cash assets (financial integrity) System Reinvestment Funding - Full Recovery Replacement-based dollar amount

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le Regular Meeting of the Sparks City Council for March 26, 2007

' Estimates the replacement cost of the system, and bases the funding level to recover this higher cost (can be calculated as a multiplier of annual depreciation expenses)

' More closely conforms to the true cost of replacing the system ' For systems that have not previously funded R&R and have a

material accumulated liability, this generally results in the highest rate impact

Capital Contingency Fiscal Policies ' Provides a source of funding for emergency repairs (other than

catastrophic events), unanticipated capital expenditures, and project cost overruns

APPROACHES ' Maintain a minimum balance in the capital fund equal to

1 to 2 % of system fixed assets ' 5 year annual average of capital program

' Set dollar amount ' Can be "nested" with other capital resources: system reinvestment

funding, connection charges, & excess operating reserves Debt Sewice Coverage Fiscal Policies ' Ensures compliance with existing bond/loan covenants ' Maintains credit worthiness for future debt issuance

Measured by annual revenues net of O&M, divided by annual bond /loan debt service

Nevada State Revolving Fund (SRF) loan and State Bond Bank do not require coverage above 1.0 x annual debt service . . .

APPROACHES J Typical industry standard: 1.25 x annual revenue bond debt service

(excluding connection charges) J Best management practice; internal policy of higher coverage:

1.35 to 2.00 x all debt (test with & without connection charges) J In any year where revenue is generated in excess of cash needs to

meet coverage, transfer the excess to the capital fund Debt Management Fiscal Policies ' Ensures appropriate balance of debt and equity financing of capital

needs ' Maintains credit worthiness for future debt issuance ' Promotes equity between existing & future ratepayers APPROACHES J Debt finance no more than 75% of CIP within 6-year rolling

period J Maintain debt to equity ratio of about 50150 (standard underwriter

preference) J Issue debt for major capital projects with longer useful lives

(especially when interest rates are low)

Develop Your Capital Funding Strategy WHAT TO DO

Prepare 5 to 20 year capital projects list (include annual replacement Page 16 o f 2 2

Minutes of the Regular Meeting o f the Sparks City Council for March 26,2007

projects) Identify/evaluate all potential funding sources

Grantstdeveloper contributions Assessments Capital connection charges Cash financing from rates Debt (bonds, loans)

Perform sensitivity analyses of alternative scheduling & funding of projects Determine annual financing impacts = Assessments

Capital connection charges

OUTCOMES Feasible capital program 5 to 20 year capital funding strategy Debt forecast

Develop Your Operating Financial Plan WHAT TO DO

Use current budget or historical data as baseline Forecast annual expenditures for next 5 to 20 years Cost escalation New requirements Integrate fiscal policy impacts Incorporate capital financing impacts Evaluate sufficiency of current revenues Perform sensitivity analyses

OUTCOMES 5 to 20 year operating forecast Tests of revenue suficiency Schedule of annual rate revenue adjustments (rate forecast) Transitionfphase-in strategies as necessary Documented impacts on customer bills

Rate Impact

Will community accept the increase? Can it afford the increase? But is it unavoidable?

@ What's realistic?

. . .Depending on your answers go back and re-examine the forecast components

Cost of Service1 Rate Design Components Allocate Costs To Functions - System Design Criteria Summarize Customer Class Statistics - Accounts, Usage, Demand Allocate Functional Costs To Customer Classes Develop Unit Costs Per Function Fixed 1 Variable Charges Design Alternative Rate Structures Pricing Objectives

Rate Structure Evaluation

Equity of rates (proportional to use andlor demand) @ Customer rate impacts (classes & individuals) @ Financial consequences (revenue stability & predictability)

Efficiency of use (conservation & pricing signals)

Complexity of rates (understandable & implementable) Page 17 of 22

le Regular Meeting of the Sparks City Council for March 26, 2007

Capital Connection Charges: Legal Framework

No specific statutory guidelines in Nevada for the calculation of charges

Draw on industry practice employing "conservative" approaches from a legal perspective

... Source reference: A WWA Principals of Water Rates, Fees and Charges, MI Manual

Capital Connection Charge Components

Existing Cost Basis (existing system facilities)

Future Cost Basis (capital improvement program)

Measure of System Capacity (customer base to be served by total system)

- Flow equivalents

- Fixture units

- Other capacity measure Capital Connection Charges: "Equity" Method

New development pays an equal capital contribution to that made by current ratepayers

Assumes new customers "on par" with existing customers

Relatively simple to calculate

Typically produces the lowest charge

Total Cost Of Existing Facilities Divided By Total System Capacity Equals Dollar Per Unit Of Capacity

Capital Connection Charges: "Incremental Cost" Method

New development pays for excess capacity in existing system, plus future facilities built solely to serve new development

More complex than "equity" and "combination" methods

Typically produces the highest charge

Cost Of Unused Capacity Of Existing Facilities Plus Cost Of Growth Related Future Upgrade & Expansion Projects Divided By Incremental System Capacity Equals Dollar Per Unit Of Capacity

Capital Connection Charges: "Combination" Method

New development pays a proportionate share of existing and future facilities

Relatively simple to calculate

Typically produces a mid-range charge

Total Cost Of Existing Facilities Plus Total Cost Of Future Upgrade & Expansion Projects Divided By Total System Capacity Equals Dollar Per Unit Of Capacity

Capital Connection Charges Summary When selecting the approach, consider.. .

Compliance with local and state legal and regulatory requirements ' Financial objectives of the utility

Page 18 of 22


Generally accepted utility industry financing and pricing practices

Fairness between existing and future customers

Uniform and consistent methodology Requested Policy Direction

a Fiscal Policies

Capital Funding Strategies

Rate Adjustment Strategies

Capital Connection Charge Methodology

Other Questions?

Council Member Schrnitt said he would like to see the user group study each of these items in detail and then report back to the Council so we can review what they discussed and then set policies. He said he did not want to limit the user group.

Council Member Carrigan said he wanted to make sure that growth paid for growth and that old users did not wind up paying for new users. He also felt that we should keep the debt ratio at 1.25. Council Member Carrigan asked that the rates be equitable and not based on how many bedrooms/bathrooms a residence had, but that it be based on how much water is used during the winter months. He said he also felt that the effluent water rates should be much cheaper than potable water to encourage people to use effluent water for landscape irrigation. He said it was very important that the rates be fair to all the users. He suggested that the consultants contact TMWA, who recently went through a rate study, to see what they found helpful in the process.

No action was taken on this item.

6.5 Time: 5:03:15 p.m. Resolution No. 3057, An agenda item fiom Deputy Community Development Director Establishing an Advisory John Martini requesting the City Council approve Resolution No. Committee to Review the 3057, a resolution to establish an advisory committee to review the Development Services Development Services Enterprise Fund. The Nevada Legislature Enterprise Fund passed NRS 354.59893 during the 2005 legislative session, which

requires that an advisory committee be established by local governments that operate an enterprise fund. The City of Sparks' Development Services Enterprise Fund was established by Resolution No. 2543 on October 26, 1998 to maintain the building permit and related development functions of the City as a self- supporting entity. In order to comply with the NRS, the City Council must pass a Resolution to establish the Development Services Enterprise Fund Advisory Committee.

Page 19 of 22


Mr. Krutz noted that the NRS is requiring an oversight board comprised of a representative from the following industries: residential construction; commercial development; general construction; and staff members.

A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to approve Resolution No. 3057. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.6 - Time: 5:04:47 p.m. Appointments to the An agenda item from City Manager Shaun Carey requesting the Development Services City Council confirm the appointment of Justin Ivory, Frank Enterprise Fund Advisory Lepori Jr., Randy Walter, Tom Minton and John Martini to the Committee Development Services Enterprise Fund Advisory Committee.

Resolution No. 3057 established the Committee and state statutes mandate that the committee be comprised of one representative on the residential construction industry; one representative of the commercial development industry; one representative of the construction industry; one public officer of Sparks who manages the City's fiscal affairs; and one public officer who directly oversees the operation of the enterprise fund. These appointees meet those requirements.

A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve the appointments as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


7.1 - Approval of an Order Vacating Street Right-of- Way and Public Access Easements to Accommodate Reconfiguration of Streets, Plazas and Property Lines for the Redevelopment of Victorian Square Area

Time: 5:06:29 p.m. An agenda item from Special Assistant to the Community Development Department Greg Salter requesting the City Council conduct a public hearing and approve an Order Vacatin Public

a C Ri ht-of-Way (Avenue of the Oaks, and portions of 12 Street, 13 Street, Plaza Parcel, and the B/C Alley) and Vacating Public Access Easements to accommodate reconfiguration of streets and plazas for redevelopment of Victorian Square area.

Mr. Salter noted that this was the first step in reconfiguring the downtown Victorian Square area. He said that first we are abandoning the streets and the second step will be a merger and re- subdivision map, where the streets are rededicated under a different configuration. He said we are doing this in pieces so we can keep the project moving. He stated that the merger and re-sub map is taking longer than we thought, so we are doing this in pieces in order to keep the process going.

Page 20 of 22


He displayed a map of the proposed abandonrnents and noted that the property will be reconfigured and we will get all of the Avenue of the Oaks back, except for a couple of splinters; all of 12th and 13'" Streets back, but they will be in a little bit different configuration. He said the aim is to try to block off and square off some of the downtown lots. To do this we need to give up some property and the lot owners need to give up some property to square off the lots and make them developable.

He said one issue the Council needs to be aware of is the top part of the traffic circle that we are vacating that was part of the former 12th Street, under the law, if that is vacated, from the center line it will go to the two properties to the east and west of that Street. However, if we do this, we no longer have access to the public garage, so it is fortunate that those two parcels are owned by the Redevelopment Agency and in the next meeting, the Redevelopment Agency will quit claim its reversionary rights to the City.

He noted that the abandonrnents require a public hearing, which was noticed on March 16' and for vacating a right-of-way the Council needs to make the finding that the public will not be materially injured. He said staff is submitting that the public will not be materially injured because we are getting all the property back, under a different configuration. They also need to make the finding that it is in the best interest of the public; and staff submits that it is because it is part of a comprehensive plan to redevelop downtown Sparks.

Mr. Salter said that with respect to the easements that are being vacated, the Council needs to make the finding that the public will not be materially injured; and again, because of the reconfiguration and the properties that we are getting in exchange for giving up those easements, the public is not going to be injured.


A motion was made by Council Member Salerno, seconded by Council Member Smith, to approve the order vacating street right of way and public access easements as presented by staff. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.


e Page 2 1 of 22


9. - Time: 5: 12: 1 1 p.m. Comments from the Council Member Smith reiterated the request for clarification on Council and City the hiring freeze and what type of employees it covers. Manager m

Council Member Mayer stated that the User Group on Pyramid Way needs to come to some fast conclusions and make some decisions because it was going to affect hundreds, if not thousands of lives.

Council Member Mayer also noted he attended the "Every 15 Minutes" presentation at Sparks High School and he felt it was , very beneficial for the students. I

10. - Adjournment

Council Member Mayer noted that there will be a ceremony to add a plaque to commemorate the War dead for those citizens who have died in the Iraq or Afghanistan wars.

Council Member Mayer thanked City Manager Carey for setting up the Transportation Workshop.

Time: 5: 14:27 p.m. There being no further business, the meeting was adjourned at 5:14 p.m.

Mayor I

City Clerk >>>

Page 22 of 22

REGULAR MEETING OF THE SPARKS CITY COUNCIL March 19,2007 3:00 p.m.



2. - Roll Call

Time: 3:03:14 p.m. Mayor Geno Martini, City Clerk Debi Dolan, Council Members John Mayer, Phillip Salerno, Ron Smith, Assistant City Manager Randy Mellinger, Acting City Attorney Tom Riley, PRESENT. Council Members Mike Carrigan*, Ron Schrnitt, City Manager Shaun Carey, City Attorney Chet Adams, ABSENT.

*Council Member Carrigan was present via phone for the vote on items 7.1 and 8.1.

Staff Present: Kathy Clewett, Marc DeLaTorre, John Dotson, Steve Driscoll, Joyce Farley, Andy Flock, George Graham, Ben Hutchins, Rob Joiner, Adam Mayberry, Jen McCall, Kelly McGlynn, Tom Minton, Armando Ornelas, Margaret Powell, Jim Rundle, Wayne Seidel, Ginny Sievert, Stan Sherer, Chris Syverson, Victor Villarreal, Randy Waterman and Carrie Brooks.


Council Member Ron Smith.

Comments from the Time: 3:03:57 p.m. Public Mrs. Shirley Bertschinger, 832 Olancha Court, Sparks, spoke

about the recent article in the paper regarding a "Motion to Dismiss" filed by the Sparks City Attorney in the Sparks Nugget vs. Redhawk lawsuit over the casino on Pyramid Highway.

Approval of the Agenda Time: 3:06:50 p.m. Consideration of taking items out of sequence, deleting items and adding items which require action upon a finding that an emergency exists. It was noted that Item 7.1 was scheduled for a time certain so that Council Member Carrigan could vote via phone, at the time certain of 4:00 p.m., because this item required a 415 majority vote. He also noted that Mr. Carrigan would be voting on item 8.1 also, because Council Member Mayer had to abstain from the vote on 8.1 because his brother was the applicant.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schrnitt, ABSENT. Motion carried.

Page 1 of 16

Minutes of the Regular Meeting of the Sparks City Council for March 19.2007


Council Member Salerno, to approve the minutes of the Special Meeting of February 20, 2007 and the Regular Meeting of February 26, 2007. Council Members Mayer, Salerno, Smith,

e YES. Council Members Carrigan, Schrnitt, ABSENT. Motion i carried.

4. Announcements, Presentations and Recognition Items and Items of Special Interest: I 4.1 - Time: 3:08:20 p.m. 2006 MAC Fire Apparatus Operator Ginny Sievert gave a power point Accomplishments presentation on the 2006 MAC (Multicultural Advisory Council)

accomplishments in the past year and their plans for the future to encourage cultural diversity both internally and externally in the City of Sparks. Below is an outline of the presentation:

A Year with the Sparks Multicultural Advisory Council Accomplishments in 2006

Welcome to Our Vision The MAC seeks to perpetually recognize, respect, and celebrate the traditional values and contributions of the cultural diversity of the City of Sparks.

And Our Mission Working as a team with representatives of the diverse cultures in the community, the MAC: Identifies the needs and means to meet the City's obligation to provide outstanding services to all its citizens, Develops and recommends programs and projects designed to enhance the knowledge and skills of the City's workforce, and Develops and establishes programs and projects to maintain effective community outreach to all citizens.

This Applies Internally Too! ' "We will create an organizational culture that respects and

values individual and group differences and encourages the productive potential of every employee."

Meet the 2006 MAC Members Chairperson Ginny Sievert Mike Biselli Marlene Cleveland George Graham Rhonda Knox AdamMayberry Councilman John Mayer Jen McCall Andre' Stigall Chris Syverson

Page 2 of 16 1

Minutes of the Regular Meeting of the Sparks City Council for March 19; 2007

Janice Yeagy Making the MAC Accessible

Established Web Page link

Established MAC email diversitv@,cityofsparks.us

Established MAC phonelmessage center 326.4296

Acquired MAC business cards for all members Attending Community Functions

Martin Luther King Dinner Black History Luncheon BLN (Business Leadership Network) Breakfast People of Color Caucus NBCC (Northern Black Chamber of Commerce) sponsored "The untold story of Emmett Till" Attend monthly meetings with the NNMA (Northern Nevada Minority Alliance) TMCC Disability Awareness Fair

Sponsoring Community Events

Adelante Awards with the Nevada Hispanic Services

Northern Nevada Minority Alliance Information Fair

TMCC Multicultural Festival NNMA $5000 to help sponsor Black History Month in 2007

Equal Opportunity Employment

Nevada Business Leadership Job Fair

Reed High Job Fair

Wooster Career Mall

TMCC Affirmative Action/Equal Opportunity Workshop

Northern Nevada Human Resources Association Conference Conducting Focus Groups

Sparks Advisory Committee for the Disabled

Nevada Black Chamber of Commerce

Northern Nevada Minority Alliance

Nevada Urban Indians

NAACP

Northern Nevada Center for Independent Living Appreciating our Internal Diversity

Latino Employee of the Year Leonard Martinez Bottom Line

The 2006 MAC had 28 accomplishments involving the community and diversity in a 12 month period. Through these accomplishments we have opened the doors to our community for input and involvement in diversity. We have been commended for reaching out as a City and have

Page 3 of 16


built relationships within our community. What's Next?

To continue with our current community involvement To foster additional future relationships with the diverse population of Sparks To welcome any and all community involvement for continued improvement To not only keep our doors open, but to widen them for greater outreach by eventually including community members To move beyond the term and outward appearance of "diversity" and appreciate all cultures and differences in our City and communjty

Meet the 2007 MAC Members Chairperson Jen McCall Mike Biselli George Graham Rhonda Knox Marc De La Torre ' Adam Mayberry GinnySievert Council Member Ron Schmitt Andre' Stigall Chris Syverson Janice Yeagy

4.2 - Time: 3:18:04 p.m. Proclamation - Fair Mayor Martini read a proclamation naming April, 2007 as Fair Housing Month Housing Month in recognition of the Silver State Fair Housing

Council and all other agencies pursuing fair housing. The proclamation was accepted by Katherine Knister, Executive Director of the Silver State Fair Housing Council.

4.3 - Time: 3:22:06 p.m. Proclamation - Child Mayor Martini read a proclamation naming April, 2007 as Child Abuse Prevention Month Abuse Prevention Month in recognition of the negative affects of

child abuse and its prevention within our communities. The proclamation was accepted by Phil Ulibarri, Development Officer for the Washoe County District Health Department.

5. Consent Items: Time: 3:24:54 p.m. Agenda Item 5.20 was pulled for discussion and separate vote. Council Member Salerno disclosed that the applicant for gaming licenses under Items 5.9, 5.10, and 5.1 1, Victor Salerno, was not related to him.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve Consent Items 5.1 through 5.19 and 5.21 through 5.24. Council Members Mayer, Salerno, Smith, YES. Council Members Camgan, Schmitt, ABSENT.

Page 4 of 16


Motion carried.

0 - 5.1 An agenda item from Finance Director Tom Minton Report of Claims and recommending approval of the Report of Claims and Bills paid Bills and Appropriation and the Appropriation Transfers made since the last regular Transfers Council Meeting for the period covering February 8,2007 through

February 28,2007.

5.2 - An agenda item from Police Chief John Dotson recommending the On Premises Beer City Council approve an application from Mr. Kenneth M. Jordan, License for Fox's Pizza 1316 Mark Twain Avenue, Reno, NV 89509, for an On Premises Den, 1495 E. Prater Way Beer License for Shelby's Pizza, doing business as Fox's Pizza

Den located at 1495 E. Prater Way. This will be Mr. Jordan's first liquor license in Sparks. The license will provide a $400.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 - An agenda item from Police Chief John Dotson recommending the On Premises Beer City Council approve an application from Ms. Michelle Yvonne License for Yellow Howe-Stark, 250 York Way, Sparks, for an On Premises Beer Submarine, 920 Holman License for Yellow Submarine located at 920 Holman Way. Ms. Way Howe-Start is the owner of the business and this will be her first

liquor license in Sparks. The license will provide a $400.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.4 - An agenda item from Police Chief John Dotson recommending the On Premises Alcoholic City Council approve an application from Mr. Dau Si Ngu, 1655 Beverage License for C.J. Sun Haven Court, Reno, NV 89521, for an On Premises Alcoholic Palace, 129 Los Altos Beverage License for C.J. Palace, LLC, doing business as C.J. Parkway, Suite 1 19 Palace located at 129 Los Altos Parkway, Suite 1 19. This will be

Mr. Ngu's first liquor license in Sparks. The license will provide a $1,000.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.5 - An agenda item from Police Chief John Dotson recommending the On Premises Alcoholic City Council approve an application from Ms. Serena Sophia Beverage License for The Wagner, 2665 W. Plumb Lane, Reno, NV 89509, for an On Pirate Ship, 495 Premises Alcoholic Beverage License for Watkins Wagner, LLC, Greenbrae Drive doing business as The Pirate Ship located at 495 Greenbrae Drive.

This will be Ms. Wagner's first liquor license in Sparks. The license will provide a $1,000.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

Page 5 of 16

Minutes of the Reg

5 -6 - Alcoholic Beverage Package License for 7- Eleven, 2295 "G" Street

5.7 - Alcoholic Beverage Wholesaler Liense for Southern Wine & Spirits of Nevada, 250 Lillard Drive, Suite A

5.8 - Dining room Wine and Beer License for Denny's Restaurant #7823,2015 Pyramid Highway

5 -9 - Race Horse and Sports Book License for Alamo Travel Center, 1950 Greg Street

5.10 - Race Horse and Sports Book License for John Asquagays Nugget, 1 100 Nugget Avenue

ular Meeting of the Sparks City Council for March 19,2007

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Ms. Ravandip Kaur Thiara, 860 Santi Court, Yuba City, CA 95993, for an Alcoholic Beverage Package License for 7-Eleven Store #21330F located at 2295 "G" Street. This will be Ms. Thiara's first liquor license in

I I

Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Tan Staller, 908 Encorvado Street, Las Vegas, NV 89138, for an Alcoholic Beverage Wholesaler License for Southern Wine & Spirits of Nevada located at 250 Lillard Drive, Suite A. This will be Mr. Staller's first liquor license in Sparks. The license will provide a $1,000.00 annual fee, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Hans-Joachim Johns, 2246 Cassatt, Henderson, NV 89074, for Dining Room Wine and Beer License for North Fourth LLC, doing business as Denny's Restaurant #7823 located at 5015 Pyramid Highway. This will be Mr. Johns' first liquor license in Sparks. The license will provide a $500.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Victor John Salerno, 1309 Imperia Drive, Henderson, NV, for a Gaming License for Leroy's Horse and Sports Place, Inc., doing business at Alamo Travel Center located at 1950 Greg Street. Mr. Salerno has been previously licensed for gaming within the City of Sparks. I

The license will provide a $1,200.00 annual fee for one race book 1

and one sports pool, and is contingent upon inspections and approvals fiom various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application fiom Mr. Victor John Salerno, 1309 Imperia Drive, Henderson, NV, for a Gaming License for Leroy's Horse and Sports Place, Inc., doing business at John Ascuaga's Nugget located at 1 100 Nugget Avenue. Mr. Salerno has been previously licensed for gaming within the City of Sparks. The license will provide a $1,200.00 annual fee for one race book and one sports pool, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

Page 6 of 16 1 I

Minutes of the Regular Meeting of the Sparks City Council for March 19.2007

5.11 Race Horse and Sports Book License for Silver Club Hotel & Casino, 1040 Victorian Avenue

5.12 Reversion to Acreage Map for Stonefield, Inc., 1 855 E. Lincoln

An agenda item from Police Chief John Dotson recommending the City Council approve an application fiom Mr. Victor John Salemo, 1309 lmperia Drive, Henderson, NV, for a Gaming License for Leroy's Horse and Sports Place, Inc., doing business at Silver Club Hotel and Casino located at 1040 Victorian Avenue. Mr. Salemo has been previously licensed for gaming within the City of Sparks. The license will provide a $1,200.00 annual fee for one race book and one sports pool, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item fiom City Surveyor Edward Fuller recommending the City Council approve a Reversion to Acreage Map for Stonefield, Inc., for property located at 1855 E. Lincoln Way. The conversion is to eliminate interior lot lines conflicting with a proposed building expansion. The total area being reverted is 5.12 acres. The reversion to acreage map has been reviewed by the Community Development Department and has been found to be acceptable and the appropriate fees have been paid.

5.13 - An agenda item from Parks and Recreation Director Stan Sherer Bid Award for Fence at recommending the City Council award to Tholl Fence the bid for Oppio Swimming Pool installtion of an 8 Foot Industrial Spanish Style Fence at Oppio

e Swimming Pool in the amount of $46,919.16. Prior to the opening for the 2006 Summer season, Washoe County Health Department issued a written notice that the existing chain link fence was not adequate to meet their requirements [for safety] and that the pool would not be allowed to open in 2007 without upgrading the perimeter fence. This fence will meet the Health Department requirements. Three quotes were solicited and Tholl Fence was the lower bidder.

5.14 - An agenda item fiom Parks and Recreation Director Stan Sherer Bid Award for Grading recommending the City Council award to Sierra Dirt Works the and Hard Scape at Kestrel bid for Grading and Hard Scape for Kestrel Park in the amount of Park 222,222.00. This is a new neighborhood park on 2.68 acres

located off Cathedral Peak Drive. The bidding was very competitive and Sierra Dirt Works submitted the lowest responsible bid.

5.15 - An agenda item from Public Works Director Stan Sherer Agreement with Reno for recommending the City Council approve an agreement between Consultant Services at the Cities of Reno and Sparks for Consultant Services with UNR UNR for Centrate for centrate research for the Truckee Meadows Water Reclamation Research for TMWRF Facility in the amount of $148,500. Sparks7 share of this

agreement will be $46,854 and funds are available for this agreement. Centrate is a liquid byproduct of sludge dewatering that has high concentrations of nitrogen, phosphorous and infectious compounds. Current practice is to mix the centrate into

Page 7 of 16


the incoming wastewater stream and remove these compounds as part of the overall treatment and disinfection processes before the reclaimed water is discharged to the Truckee River or pumped to reuse sites for irrigation. This proposed agreement will fund a study to determine if centrate can be used as an irrigation water nutrient supplement when mixed with reclaimed water. The funding will support research work conducted by graduate students and their faculty and pay for equipment and supplies needed for laboratory analyses, greenhouse studies and disinfection studies.

5.16 - An agenda item from Public Works Director Wayne Seidel Bid Award for Purchase recommending the City Council award to H & E Equipment of One Current Year Services the bid (No. 06107-037) for the purchase of a 2007 or Wayne Super 6 Trash current model year Wayne Super 6 Trash Compactor Refuse Truck Compactor Refuse Truck in the amount of 77,200.00. This vehicle will be used by the Parks

Department to remove trash from various locations in the City and during special events. Funds are available for this purchase.

5.17 - An agenda item from Public Works Director Wayne Seidel Award of the Van Gorder recommending the City Council award to Merit Electric the quote Elementary School for the Van Gorder Elementary School Flasher Project in the Flasher Project amount of $39,200. With the newly developed Foothills

subdivision to the east of the school, the local commuter trips have increased in close proximity to the school. The school flashers are being installed to provide better driver awareness of the existing school zone. Four safety flashers will be installed in and around the elementary school. Informal quotes were received fiom two qualified contractors and Merit Electric was the lowest quote. Funding is available for this project.

5.18 - An agenda item from Public Works Director Wayne Seidel Agreement for the Sale of recommending the City Council approve an Agreement for the Treated Effluent with Sale of Treated Effluent with Heritage Bank within the Spanish Heritage Bank Springs Town Centre development area. The developer of the

shopping center has extended the City's reclaimed water treated effluent distribution system to provide sites within the development with irrigation water. Heritage Bank has requested a connection to the system to provide drip irrigation for site landscaping on their section of the development. Revenues to the Effluent Fund are estimated to be $1,269 per year. The agreement specifies a 30-year term, with the water rate subject to renegotiation every five years.

5.19 - An agenda item from Public Works Director Wayne Seidel Purchase of Gas recommending the City Council award to PerkinElmer the bid Chromatograph System (No. 06107-036) for the purchase of a Gas Chromatograph System for TMWRF at the Truckee meadows Water Reclamation Facility in the amount

of $63,411.40. this equipment will be used for process control testing of the various compounds in the two phased digestion

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Professional Services Agreement with Real Estate Research Consultants, Inc., for Feasibility Studies for the lssuance of STAR and SAD Bonds for RED'S Legends at the Sparks Marina Project

5.21 - Change Order No. 2 for Deer Park Pool Renovation Project

system. Funds are available for this purchase. The City of Sparks' portion of this purchase will be $ 1 9,892.16.

Time: 3:26:26 p.m. An agenda item from Redevelopment Manager Armando Ornelas recommending the City Council approve a Professional Services Agreement with Real Estate Research Consultants, Inc., for a "not to exceed" amount of $140,000.00, including the consultant7s reimbursable expenses such as travel, for feasibility studies for the issuance of STAR and SAD bonds for RED Development's Legends at the Sparks Marina project. The City may be able to recover these costs from bond proceeds if bonds are issued. The consultant will provide updates for the feasibility studies for the issuance of Sales Tax Anticipation Revenue (STAR) securities as well as for the Special Assessment District (SAD) bonds for the Legends at the Sparks Marina project. The scope of work will include, but not be limited to, the tasks specified in the consultant's attached proposal. The City will rely on the consultant's estimates of sales tax revenues to be generated within the proposed Legends Tourism Improvement District to determine the maximum amount of STAR bonds the City will issue for the project.

Council Member Smith noted that there was a discrepancy in the staff report: one section indicated that the agreement was for a "not to exceed" amount of $1 40,000.00, including the consultant's reimbursable expenses such as travel; and another section indicated the contract was for a "not to exceed" amount of $140,000.00, plus the consultant's reimbursable expenses such as travel. It was clarified that the agreement was including reimbursable expenses.

A motion was made by Council Member Smith, seconded by Council Member Salerno, to approve the agreement with the stipulation that the agreement not exceed $140,000. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve Change Order No. 2 to Anchor Concrete for the Federally Funded Deer Park Pool Renovation Project (C-1021) in the amount of $65,858.1 8. this change order reflects the work required because the facility was built in 1942, with several remodels, of which plans available did not completely show situations and issues that have been found in the field during construction. There was also additional work required due to a broken water main that was caused by weather and not the fault of the contractor. Staff has reviewed the change order and found that the prices given are fair and within industry

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standard for the work to be completed.

5.22 An agenda item from Finance Director Tom Minton Business License Fee recommending the City Council approve a request from A-1 Refund for A-I Interstate Interstate for a refund of excess business license fees paid in the

amount of $12,162. I 2. The company has been licensed in the City since 2001. They recently brought to our attention an error in reporting their business' receipts. In 04/05 and in 05/06, they paid on their business gross receipts instead of the receipts of business in Sparks only. Staff is recommending that the City refund the overpayments.

5.23 An agenda item from Finance Director Tom Minton Submission of a Plan of recommending the City Council review and approve the Corrective Action for submission of a Plan of Corrective Action for potential violations Potential Violations of of state statutes or regulations outlined in the attached letter and State Statutes or direct staff to forward a copy of the approved minutes of the Regulations to the meeting, along with the plan, to the Department of Taxation. State Department of Taxation statutes requ&e that the City respond to potential violations

identified in the annual audit process. The potential violations that were identified in the audit for the year ended June 30, 2006, are attached to the staff report.

5.24 An agenda item from Risk and Benefits Manager Randy Request for Authorization Waterman recommending the City Council approve additional of Additional Funds to funding to complete an on-going investigation into alleged Complete Investigation misconduct of the Sparks City Attorney. On December 1 gth, the into AllegedMisconduct City Council approved funding up to $20,000 to start the by the Sparks City investigation into the alleged misconduct of the Sparks City Attorney Attorney. It was noted during the discussion of that agenda item

that if additional funding was needed to complete the investigation, that the Council's approval would be requested at a subsequent meeting. The additional $15,000 requested is an amount sufficient to complete the investigation and produce a final report.


6.1 - Time: 3:27:57 p.m. Local Legislative Affairs Government Affairs Manager Rob Joiner and Rocky Finseth, one lssues of the City's lobbyists, provide a review of legislative issues as

outlined in his staff report.

Mr. Joiner noted that as the City's charter bill (SB101) was being heard, Senator Townsend discussed an amendment he wanted to bring forward which addresses both Reno and Sparks, the only two cities who do not have appointed attorneys in Nevada. Mr. Joiner noted that in his report was a spreadsheet of how City Attorneys are dealt with in other cities in the State. He said they have also

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looked at the governance model for the appointed attorneys, in case the Council wished to choose a format to recommend to the committee if they chose to take action on Senator Townsend's request [for appointed attorneys]. Mr. Joiner also asked the Council for direction on whether they wanted staff to support, stay neutral, or support this issue, should it come forward. After discussion, the consensus was that the Council would prefer that this not be an amendment to our current charter change bill, but if not given a choice by the Legislature, they would like to see the City of Henderson's model used for the City of Sparks.

There was also a discussion regarding SB203, to extend the funding we received in the 2005 funding session for the Rock Park project. The good news is that we have a bill, the bad news is that it is tied to a bill that works against us on our baseball program; or at least allows competition to our baseball project. Staff is working to either get our baseball announced, or get the Rock Park facilities off that bill so we don't have to oppose our own interests. Mr. Joiner said that they have managed to get action on this bill delayed for a few days so that proponents of our baseball facility can come forward and show intent to the Legislature to use the funds. Council asked that our legislative team follow this very closely because every recreational interest out there has their eye on these funds. They also asked that the water park bill and the baseball bill be separated, if possible.

SB200 - this bill would allow us to extend ow Redevelopment District I1 to 45 years. Council gave direction to support this bill.

Mr. Joiner noted that NDOT and Billboard Industry are now requiring that local government be required to expand the time, manner, place and height of a billboard if the Department of Transportation blocks it with a sound wall or other construction project. He said that in the last session we were successful in keeping that language out, where they had to consider first modifying their structures because there was no sound science in sound attenuation to require sound walls and there is no standard in the Federal Highway Administration that requires those sound walls. This bill would take away all local control over the sound walls and we would not be allowed to review them, limit them, or have conditions of approval on billboards. Council direction was to oppose this bill.

6.2 - Time: 4:14:17 p.m. Nevada League of cities An agenda item &om City Manager Shaun Carey requesting the

a and Municipalities Youth City Council nominate six students for the Nevada League of Award Program Cities and Municipalities Youth Award Program and provide a Applicants $200.00 award for eight applicant finalists. Council Members

Mayer and Carrigan interviewed the City Council's top eight

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candidates, selected by the City Council. These students are so deserving of special recognition, the interviewing Council Members have requested that each student selected as a finalist be awarded $200.00 each to assist them with college expenses, regardless of the outcome of the Youth Award Program.

Council Member Mayer noted that this year we had so many excellent applications, and although they narrowed it down to three submissions for the scholarship and three for the high school award, they felt that all the applicants deserved an award of $200.00.

Mayor Martini noted that the nominees were as follows: I I High School Seniors 2006: Yilok Wong (Reed High School) Vivian Luong (Sparks High School) Melissa Hamilton (Sparks High School)

High School Students 2006: David Dennis (Sparks High School) Mintamarie Schulz (Sparks High School) Grecia Anaya (Sparks High School)

Not chose as a finalist: Nadia Shabrin (Sparks High School) Lea Grace Moser (Sparks High School)

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to forward the applications as recommended and award $200.00 to each of the scholarship finalists to assist them with college expenses. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schrnitt, ABSENT. Motion carried.

6.3 - Time: 4: 1 8 5 1 p.m. Interlocal Agreement An agenda item from Infrastructure Administrator Ben Hutchins with TMWA Regarding requesting the City Council approve an Interlocal Agreement City Owned Fire between the City of Sparks and the Truckee Meadows Water Hydrants Authority regarding City owned Fire Hydrants. This five year

agreement would transfer routine fire hydrant inspection and maintenance responsibilities to the Truckee Meadows Water Authority.

I Mr. Hutchins noted that for many years the Fire Department has been responsible for the inspection and maintenance and managing all of the major repair contracts for the City's fire hydrants. He said the transfer is being made to take advantage of some operational eflticiencies, because they are out and about the City on

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a daily basis to maintain other parts of the water system, and this is a logical addition to their routine. He noted that TMWA will pay for incidental costs for routine inspection and maintenance of hydrants and Sparks will continue to be responsible for major hydrant repairs and replacements. He then outlined some of the terms and conditions of the agreement and responded to questions from Council.

A motion was made by Council Member Mayer, seconded by Council Member Salemo, to approve the interlocal agreement regarding City owned fire hydrants, as presented by staff. Council Members Mayer, Salerno, Smith, YES. Council Members Carrigan, Schrnitt, ABSENT. Motion carried.

6.4 - Time: 4:24:59 p.m. Approval of Utilization of An agenda item from Senior Planner Victor Villarreal requesting Spark's Self-Directed the City Council allocate the City of Sparks self-directed funding Funding Allocation of allocation of the Washoe County HOME Consortium for FY 2007- HOME Funds 08 as follows: $150,000 for continuation of the Sparks

Homeowner Occupied Housing Rehabilitation program and the remainder of the funds (approximately $94,000) to the development of affordable senior housing within Sparks. There is no direct cost associated with this funding, however the HOME funding initiative will require an in-kind contribution of specific staff personnel time.

Mr. Villarreal noted that the consortium recently received 13 applications for projects, two of which are located in Sparks. One was our owner-occupied rehabilitation program and the other from the Bethel Housing Group for development of an affordable senior housing program.

Mr. Villarreal explained that the actual amount of our funding, based on our population, was $24 1,479, which is slightly different than what is in the staff report because we just received the final numbers last Wednesday, and the staff report had already been submitted.

Council Member Mayer asked if the Bethel Housing was going to be an addition to their existing building. Ms. Ann Warrington of the Bethel Housing Development Corporation (the separate non- profit corporation that is affiliated with the Bethel AME Church), responded that the Senior Housing Apartment complex is located behind the church, which is located off of Rock Bloulevard. She said the property they are planning to use the vacant lot next to the Church parking lot on Rock Boulevard. She said they are putting one building that will house up to five people. It will be a single family home (but bigger) with five bedrooms and bathrooms that seniors that need a little more help can live in.

Page 13 of 16


A motion was made by Council Member Mayer, seconded by Council Member Salemo, to allocate the City of Sparks self- directed funding allocation of the Washoe County HOME a Consortium for FY 2007-08, as outlined. Council Members Mayer, Salemo, Smith, YES. Council Members Carrigan, Schmitt, ABSENT. Motion carried.

7. Public Hearings and Action ltems Unrelated to Planning and Zoning:

7.1 - Time: 4:05:08 p.m.* Adoption of Bill No. An agenda item from Finance Director Tom Minton requesting the 2541 Regarding 2007 City Council conduct a public hearing and adopt: Redevelopment Bonds and Resolution No. 3056 Resolution No. 3056 making certain determinations in connection Regarding a Loan to the with a loan to the Redevelopment Agency of the City of Sparks; Redevelopment Agency and providing the effective date hereof; and,

Bill No. 2541, an ordinance designated by the short title "2007 Redevelopment Bond Ordinance"; providing for the issuance by the City of Sparks, Nevada, of its General Obligation (Limited Tax) Medium-Term Redevelopment Bond (Tax-Exempt), Series 2007A and its General Obligation (Limited Tax) Medium-Term Redevelopment Bond (Taxable), Series 2007B; providing the form, terms and conditions of the bonds and providing for the sale thereof; providing for the levy and collection of annual General (Ad Valorem) taxes for the payment of the bonds; providing for the adoption of the ordinance as if an emergency exists; and providing the effective date hereof.

Mr. Minton noted that the purpose of this issue is to refinance two BANS (Bond Anticipation Notes) held by Redevelopment Agency 11 and an interfund loan with General Obligation City of Sparks debt. He noted that pursuant to NRS 350.089, we received approval fiom the Department of Taxation for the issuance of these bonds on March 1,2007.

Jennifer Stern, fiom our bond counsel, Sweinseid and Stern, noted that there was a bid opening for the bonds and while the bids have not yet been accepted, pending authorization of the bond ordinance, the winning bid was City Capital for the 2007A (tax exempt) series at 3.78% and Bank of America for the 2007B (taxable) series at 5.645%.

Mayor Martini clarified that this was normal course of business stuff and we are not refinancing because the City is in financial trouble. Mr. Minton confirmed that it was the normal course of business and the BAN being refinanced was due 4-1-07. He said that slight difference in this deal was to issue GO debt to issue

Page 14 of 16


better rates and the re-payment agreement with the Redevelopment Agency.


A motion was made by Council Member Salemo, seconded by Council Member Schrnitt, to approve Bill No. 2541 (Ordinance No. 2361) authorizing medium term obligations in the amount of $8,600,000 for the purpose of refinancing redevelopment projects. Council Members Mayer, Salerno, Smith, Canigan (via phone), YES. Council Member Schmitt, ABSENT. Motion carried.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Resolution No. 3056, authorizing a loan to the Redevelopment Agency of the City of Sparks. Council Members Mayer, Salerno, Smith, Carrigan (via phone), YES. Council Member Schmitt, ABSENT. Motion carried.



8.1 - Time: 4:14:03 p.m.* Adoption of Bill No. An agenda item from Senior Planner Jim Rundle requesting the 2540, PCN06111, David City Council conduct a public hearing and adopt Bill No. 2540, a Mayer, Rezoning Request general ordinance providing for the rezoning of certain lands from R3 to R4 on 1.45 owned by David Mayer from R3 (Multiple Family Residential) to acres at 825 "H" Street R4 (Multiple Family Residential) on a parcel approximately 1.45

acres in size in the City of Sparks, located at 835 "H" Street; and providing for other matters properly relating thereto.

Council Member Mayer excused himself fi-om the Council Chambers, noting he would not be voting on this item as it involved his brother.

Mr. Rundle noted that this rezoning request was for the Greentree Apartments, which were located just north of "G" Street, south of " H Street. He noted that the Council had already approved a request fi-om the applicant to rezone a smaller parcel adjacent to this parcel, so that the two parcels can be merged together; the whole site can be zoned R4 and the applicant can add additional units to the apartment complex.


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Minutes of the Regular Me,eting of the Sparks City Council for March 19, 2007

A motion was made by Council Member Salemo, seconded by Council Member Smith, to approve Bill No. 2540 (Ordinance No. 2362) the rezoning request associated with PCN06111 to rezone e 1.45 acres from R3 (Multiple Family Residential) to R4 (Multiple Family Residential) based on findings 21 through 2 3 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan (via phone), YES. Council Member Schmitt, ABSENT. Motion carried.


9. - Time: 4:32:23 p.m. Comments from the Council Member Mayer reported that a group of Middle School Council and City Students participated in the RTC Future Cities competition and the Manager winning entry from Reno/Sparks/Washoe County won the State

competition and went to the National Future Cities Competition, where they won 2nd Place and lS' Place overall in their composition. He noted that one of the contestants was the son of ow City Engineer, Pete Etchart.


10. - Adj ownment

Mayor

City Clerk >>>

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e REGULAR MEETING OF THE SPARKS CITY COUNCIL February 26,2007 3:00 p.m.



2. - Roll Call




Time: 3:03:02 p.m. Mayor Geno Martini, City Clerk Debi Dolan, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schrnitt, City Manager Shaun Carey, Acting City Attorney Tom Riley, PRESENT. City Attorney Chet Adams, ABSENT.

Staff Present: Tom Clewell, Chris Cobb, Marc DeLaTorre, John Dotson, Tracy Domingues, Steve Driscoll, Joyce Farley, Dan Marran, Adam Maybeny, J o h n Meacham, Tom Minton, Armando Ornelas, Linda Patterson, Jim Rundle, Stan Sherer, Chris Syverson, Tracy Wheeler and Carrie Brooks.

Time: 3:03:30 p.m. The invocation was given by Bishop S. Clay Jorgensen of the Church of Jesus Christ of Latter Day Saints and the Pledge of Allegiance was led by Council Member Ron Smith.

Time: 3:05:29 p.m. Mr. Don Young, 11 85 Harbour Cove Court, complained about the construction hours for the Legends project, stating that they had received a variance to work on the grading 16 hours a day, 7 days a week. He said he hoped that the variance would not be allowed during the rest of the construction on the project.

Ms. Jeannie Adams, 5655 Grasswood Drive, spoke as the Prayer Pastor for the Sparks Nazarene Church and invited the Council to participate in the National Day of Prayer on May 3, 2007 at the Nazarene Church.


Mayor Martini noted that there would be a closed labor session at the end of the Council Meeting and asked that the Council Meeting be recessed after item 7.2 to allow the Redevelopment Meeting to be conducted. He asked that the Council Meeting be reconvened for comments and then adjourned to a closed session.

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Minutes of the Regular Meeting of the Sparks City Council for February 26,2007

There was a lengthy discussion regarding whether or not Item 7.1 should be withdrawn from the agenda. Acting City Attorney Tom Riley noted a memo he distributed to the Council giving his reasons why the item should be withdrawn. After some discussion it was the consensus of the Council that the item should be left on the agenda.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the agenda as posted, with the requested recess after Item 7.2. Council Members Mayer, Salemo, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 3:23:25 p.m. Approval ofthe Minutes A motion was made by Council Member Smith, seconded by

Council Member Mayer, to approve the minutes of the Regular Meeting of February 12, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

4. Announcements, Presentations and Recognition ltems and ltems of Special Interest: I 4.1 - Introduction of Citizen Services Coordinator

4. I 7

Proclamation - International Women's Day

5. Consent Items:

Time: 3:23:54 p.m. City Manager Shaun Carey introduced the New Citizen Services Coordinator, Marc DeLaTorre. He noted that Mr. DeLaTorre most recently worked in Senator Ensign's Office and received a high recommendation from his previous employer. Mayor Martini presented Mr. DeLaTorre with a City of Sparks pin and welcomed him to the City.

Time: 3:26:55 p.m. Mayor Martini read a proclamation naming March 8, 2007 as International Women's Day in recognition of women for their achievements without regard to division, whether national, ethnic, linguistic, cultural, economic or political. The proclamation was accepted by representatives of the Reno and Sparks Branches of the American Association of University Women from the University of Nevada, Reno.

Time: 3:3 1 :29 p.m. Council Member Carrigan called attention to Item 5.6, stating this was our share of the voter approved Question 1 and it will be used to get the Golden Eagle Park started.

Council Member Schrnitt noted that Golden Eagle was a historical park because it will be the largest artificial turf project in the united States.

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5.1 - Report of Claims and Bills and Appropriation Transfers

5.2 - Cabaret License for Rail City Casino, 2 1 2 1 Victorian Avenue

Gaming License for Rail City Casino, 2121 Victorian Avenue

5.4 - Reversion to Acreage Map for TownleyIMezzano

Amended Final

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve Consent Items 5.1 through 5.10. Council Members Mayer, Salemo, Smith, Carrigan, Schmitt, YES. Motion carried.

An agenda item fiom Assistant Finance Director Joyce Farley recommending approval of the Report of Claims and Bills paid and the Appropriation Transfers made since the last regular Council Meeting for the period covering January 26,2007 through February 7,2007.

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. Edward Jerry Herbst, 10 Wild Ridge Court, Las Vegas, NV 891 19, for a Cabaret License for Plantation Investments, Inc., doing business as Rail City Casino located at 2 12 1 Victorian Avenue. Mr. Herbst is the President of Herbst Gaming, Inc. in Las Vegas, which is the holding company for all gaming operations. He also holds several liquor and gaming licenses in Sparks. The license will provide a $1,300.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from Police Chief John Dotson recommending the City Council approve an application fiom Mr. Edward Jerry Herbst, 10 Wild Ridge Court, Las Vegas, NV 891 194 for a Gaming License for Plantation Investments, Inc., doing business as Rail City Casino located at 2 12 1 Victorian Avenue. Mr. Herbst is the President of Herbst Gaming, Inc. in Las Vegas, which is the holding company for all gaming operations. He also holds several liquor and gaming licenses in Sparks. The license is for 622 slot machines, table games, keno tables and a poker table and will provide a $74,640.00 annual fee which is contingent upon inspections and approvals from various agencies as stated in the staff report.

An agenda item from City Surveyor Edward Fuller recommending the City Council approve a Reversion to Acreage Map for John M. Townley and Rochelle Mezzano for property located at 1532 "F" Street. The conversion is to eliminate interior lot lines conflicting with existing and proposed buildings. The reversion to acreage map has been reviewed by the Community Development Department and has been found to be acceptable and the appropriate fees have been paid.

An agenda item from Engineering Manager Janelle Thomas recommending the City Council approve an amended final

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Subdivision Map for subdivision map for Caviata at Kiley Ranch (Formerly Village 42 Caviata at Kiley Ranch at Kiley Ranch North). The original final map was approved by (Formerly Village 42 at the City Council on January 23, 2006; however architectural Kiley Ranch North) changes to the project have necessitated amendment to the

individual units within the development. The amended final subdivision map and previously approved improvement drawings have been checked and found to be technically correct. The appropriate fees have been paid and a performance bond has been filed with the City Clerk to guarantee the construction of the public improvements.

5.6 - An agenda item from Parks and Recreation Director Stan Sherer Agreement Regarding the recommending the City Council approve an agreement with Transfer of Question I Washoe County regarding the transfer of Question 1 funds to the Funds for Construction of City of Sparks for the construction of Golden Eagle Park. In 2000 Golden Eagle Park Washoe County received $38.3 million fiom the voter approved

Question 1. The funds are dedicated to projects of regional significance, including open space preservation, trail access to public lands and regional recreational facility development. An approved project in the bond question was the first phase of the sports facilities within the Golden Eagle Park. The recommended amount totaled $1,830,850, of which $1,330,850 is dedicated to the City's approved project and $500,000 would remain with the County for the Pah Rah Interpretive Center located on the south end of Section 18. The attached agreement would facilitate the transfer of funds to be used for the construction of Golden Eagle Park in the amount of $1,330,850.

5.7 - Bid Award for Janitorial Services for Larry D. Johnson Community Center

5.8 - Change Order No. 1 to the Annual Permanent Patch Joinder Contract

An agenda item fiom Parks and Recreation Director Stan Sherer recommending the City Council award to ABM Janitorial Services the bid (No. 06/07-035) for Janitorial Services at the new Lany D. Johnson Community Center in the amount of $38,381.04. The community center is currently under construction. Three bids were received and after checking references, staff is recommending that the bid be awarded to ABM Janitorial. This bid is to provide janitorial services, including supplies, paper products and labor at the newly constructed center.

An agenda item from Public Works Director Wayne Seidel recommending the City Council ratify Change Order No. 1 to the Annual Permanent Patch Joinder Contract with the City of Reno in the amount of $200,000 to TW Construction Company. On July 10,2004, the council ratified the joinder contract with Reno for the required services in the amount of $1 80,000. Since the award of the project, the City has had a total of 128 street cut applications fiom July through December 2006 for a total of $170,000. It is anticipated that to continue the patch program through the

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5.9 - Inspection and Materials Testing Services for Golden Eagle Regional Park Mass Grading

5.10 - Survey Services for Golden Eagle Regional Park Mass Grading

remainder of the current fiscal year, a change order is required. Funds are available through permit fees collected and the budget will be augmented to reflect the increase to the CIP.

An agenda item from Public Works Director Wayne Seidel recommending the City Council award to Stantec Consulting a contract for inspection and materials testing services for the Golden Eagle Regional Park Mass Grading project in the amount of $87,710.00. ~tantec has provided all the civil, geotechnical, and survey services with the design phase of both the mass grading and final design of the sports complex and a copy of the proposal requested by the City, outlining the services to be provided, is attached. Funds are available for this project.

An agenda item from Public Works Director Wayne Seidel recommending the City Council award to Stantec Consulting a contract for survey services for the Golden Eagle Regional Park Mass Grading project in the amount of $77,900.00. Stantec has provided all the civil, geotechnical, and survey services with the design phase of both the mass grading and final design of the sports complex and a copy of the proposal requested by the City, outlining the services to be provided, is attached. Funds are available for this project.


6.1 - Time: 3:36:38 p.m. Local Legislative Affairs Rocky Finseth, one of the City's lobbyists, provided a verbal Issues update of Federal, State Nevada League of Cities and Local

Legislative affairs, stating that five eminent domain bills have been introduced in the last week. He noted that a compromise has been reached between the eminent domain proponents and some of the people working against the PISTOL amendment under resolution AJR3, which calls for a constitutional amendment which would remove all of the provisions utilizing eminent domain for private to private transfers.

SBIOI, the City's Charter BiIl, was introduced and is scheduled for a hearing next Monday.

AB180, the City's Graffiti Bill, was introduced on the floor of the Assembly and has been referred to the Assembly Judiciary Committee.

Re arding Federal issues - there will be a meeting on February B 28' with the Nevada Commission on Nuclear Projects and transportation issues that relate to Sparks will be discussed. City

Page 5 of 14


Manager Shaun Carey said the meeting will take place at 10:OO a.m. in the offices of the Attorney General and he will be attending that meeting. He said that if any of the Council wished to attend they would be welcome.

Mr. Finseth also noted that the FY 07 Federal Transportation requests for the City, including the previously recorded pending marks, were finally "put to bed" on February 18'.

Mr. Carey noted that on March 61h, the City will be presenting to a joint meeting of the Assembly Taxation and Transportation Committees. This Committee requested specific data regarding our uses of capital funds and Public Works is currently compiling a report to that committee regarding how we use funds to accomplish projects on flood control, roads and transportation.

Council Member Mayer asked if this meant that all our Federal funding requests were approved. Assistant City Manager Steve Driscoll said that he would have to check with our lobbyist, Anya Graves, but he thought this meant that they were going forward. He said he would e-mail the Council with a list of the projects that were being forwarded for consideration.

6.2 - Time: 3:41:34 p.m. Fiscal year 2007 Budget An agenda item from Finance Director Tom Minton requesting the Update City Council review and provide direction to staff regarding the

Fiscal Year 2007 Budget Update. I Mr. Minton noted that our consolidated tax revenues are down slightly from prior years and they are roughly $1.64 million under budget, currently. He said our budget envisions about a 10% increase from year to year. He said taxable sales from Washoe County are only up about 611 O'b of 1% for the five months ending in November. He said this is a very important revenue source for us because it is about 42% of our General Fund and last year we received approximately $25 million. This year we are projecting somewhere around $24 million for FY 07. Therefore he is recommending the City take a "wait and see" position and institute a hiring fieeze and a cut in the services and supplies of 5% for FY 08. He said he is also recommending we limit new needs spending to three new police officers and four-person staffing at the fire department.

Council Member Carrigan said he agreed with these steps, but requested that if there is any extra money in June, then he would like to see more police officers hired, because the Council's top priority is public safety.

Page 6 of 14


Council Member Mayer expressed concern regarding the hiring freeze and asked if this meant only new hires or included hiring of replacements for employees who retire or otherwise terminate their employment with the City. Mr. Carey responded that the only exception would be public safety positions (police/fire); however there may be temporary transfers in order to maintain our levels of service.

A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to approve the report as submitted and direct the City Manager to incorporate the recommendations in the tentative budget. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.3 - Time: 35551 p.m. Allocation of FY 07/08 An agenda item from Grants Administrator Tracy Wheeler CDBG and General requesting the City Council authorize the allocation of Fiscal Year Funds for Human 200712008 Community Development Block Grant and City of Services Activities Sparks General Funds in the amount of $145,190, with $1 23,190

to be expended for human service activities through the Washoe County Human Services Consortium process and $22,000 for Sparks Parks and Recreation programs.

Ms. Wheeler noted that we still have not been notified by HUD exactly what our allocation will be, but the expectation would be that we will receive the same allocation as last year and $15% of our block grant would be approximately $95,190 and along with allocation is the requirement that $50,000 in general fund money also be allocated to this process, with a portion of that being set aside for Parks and Recreation programs.

Council Member Mayer praised Ms. Wheeler for all her hard work in administering the CDBG funds and asked why there was less money available for the Consortium if we received the same amount of grant funding. Ms. Wheeler noted that two funding sources are not available this year: emergency shelter grant dollars which are going to the City of Reno to use those funds for shelter operations; and last year a decision was made to make the low income housing trust fund dollars a two-year grant, so those funds are not available to the Consortium.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to authorize the allocation of FY 200712008 CDBG and General Funds in the amount of $145,190, with $123,190 to be expended for human service activities through the Washoe County Human Services Consortium process and $22,000 for Sparks Parks and Recreation programs. Council

Page 7 of 14

Regular Meeting of the Sparks City Council for February 26,2007

Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Time: 4:02:05 p.m. wo An agenda item from Senior Planner Jim Rundle requesting the of City Council approve PCN07009, a request from Rosalyn Beck

and Spade Enterprises to include two 10.1 3 acre parcels into the City of Sparks' Truckee Meadows Service Area (TMSA). This is a request from two property owners to include land within the City of Sparks' Sphere of lnfluence (TSMA). The Planning Commission voted unanimously to forward a recommendation of inclusion to the City Council on February 15,2007.

Mr. Rundle displayed a map showing the location of the parcels and noted that the parcels are located at the end of La Posada and that this request does not allow any development to occur and it is not an annexation into the City of Sparks; however it will be under the control of Sparks, so if the applicant wanted to talk to someone about doing a development on these parcels, they would have to come to the City of Sparks. He said staff believes this is a good thing to add to our sphere and any development would help extend the infrastructure of La Posada.

In response to questions, Mr. Rundle stated that if development occurred on these parcels, they would have to annex the property and development would occur in the usual manner, with the developer paying fees to the City. He noted that although the City is not supposed to make any more requests for inclusion into the TSMA until June, this request was from the Truckee Meadows Regional Planning and they can still do requests. They have sent it to us for review and the motion is to send it back to them with a recommendation of approval; we are not actually approving the inclusion.

A motion was made by Council Member Carrigan, seconded by Council Member Schmitt, to adopt the Planning Commission's recommendation and forward a recommendation to the Regional Planning Commission to include two 10.13 acre parcels totaling 20.26 acres into the City of Sparks' TMSA for the request associated with PCN07009 and the facts supporting this inclusion as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 4: 10:37 p.m. An agenda item from Public Works Director Wayne Seidel

lal requesting the City Council award to Q&D Construction the bid md (No. 06107-030) for the Golden Eagle Park Mass Grading and

Page 8 of 14


a Reach 6 Channel Reach 6 Channel Improvements Project in the amount of Improvements Project $1,644,930.

Capital Projects Manager Chris Cobb noted that this bid award is the first stage of construction for the regional park.

Council commented that the bid came in close to half a million dollars under the budget and they were pleased to award the contract to a local contractor.

A motion was made by Council Member Mayer, seconded by Council Member Carrigan, to award the Golden Eagle Park Mass Grading and Reach 6 Channel Improvements Project (Bid No. 06107-030) to Q&D Construction in the amount of $1,644,930. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.6 - Time: 4: 12:36 p.m. Provide Direction An agenda item from City Manager Shaun Carey recommending Regarding RTC Design, the City Council provide direction to staff regarding the Regional Right-of-way Transportation Commission of Washoe County (RTC) on the Acquisition for the Future design, Right-of-way acquisition for future widening, and the Widening of McCarran construction of sidewalk for the McCarran Boulevard Widening Boulevard Project between 1-80 and Prater Way.

Utilities Manager J o h n Meacharn was present to answer any questions the Council had concerning this item. Council Member Mayer noted that there was a presentation on this item at the last meeting and therefore he felt another presentation was not necessary.

A motion was made by Council Member Mayer, seconded by Council Member Schmitt, to direct staff to support efforts by the Regional Transportation Commission to widen McCarran Boulevard fiom 1-80 to Prater Way, including installation of the sidewalk fiom Prater Way, south. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.7 - Time: 4:14:03 p.m. 1'' Reading of Bill No. City Clerk Debi Dolan read Bill No. 2540, a general ordinance 2540, PCN06111, David providing for the rezoning of certain lands owned by David Mayer Mayer, Rezoning Request fiom R3 (Multiple Family Residential) to R4 (Multiple Family fiom R3 to R4 on 1.45 Residential) on a parcel approximately 1.45 acres in size in the acres at 825 "H" Street City of Sparks, located at 835 " H Street; and providing for other

a matters properly relating thereto.

Page 9 of 14


Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of March 19,2007.

7. Public Hearings and Action ltems Unrelated to Planning and Zoning:

7.1 - Time: 4:14:39 p.m. Adoption of Bill No. An agenda item from Sparks City Attorney Chet Adams 2538, Amending Chapter requesting the City Council approve Bill No. 2538, an ordinance 2.27 to Allow the City amending Chapter 2.27 of the Sparks Municipal Code to allow the Council to hire Special City Council to hire special legal counsel; and providing other Legal Counsel matters properly related thereto.

Acting City Attorney Tom Riley noted he had submitted a memorandum which outlined the City Attorney's request that this item be withdrawn.

City Manager Carey offered clarification regarding this agenda item, stating he received a phone call last Tuesday from Mr. Adams where he asked to withdraw this item from the agenda. He stated he wanted to withdraw the item because of the recent opinion of the Attorney General concerning his office's interpretation of the Charter: that he was the legal officer and was responsible for the legal opinions coming to the City. He said he then added the information that there was a request that this item be withdrawn. Mr. Carey emphasized that Mr. Adams made this request based upon the opinion from the Attorney General, which changed his support of this item. Mr. Carey said that Attorney Adams brought this item forward following the affirmative vote that the Charter Committee took to amend the Charter. He suggested the best course for the Council to take tonight would be to table this item to allow the Charter change to go through the Legislature. He said his concern was that if the Council did proceed with approval, in light of the Attorney General's opinion reserving the legal opinions of our City Attorney, the Council's action enacting an ordinance where the City Attorney has removed his approval may pose a risk to the City Council.. . a risk that they could avoid by simply tabling this item and allowing the Charter change to go through. He said once the Charter is changed, then they could go forward with this change to the municipal code.

Council Member Carrigan said he thought this ordinance would allow the Council to "get the jump" on the Charter Committee and he thought this bill would change the municipal code to reflect what was being changed in the Charter by the Legislature.

Page 10 of 14


Mr. Riley said that this ordinance was an outgrowth of the Charter Committee's action, and this has not changed. However, assuming that the Legislative bill goes through (SBIOI), this proposed ordinance does not address all the changes that will need to be made to the municipal code. He further explained that this proposed ordinance simply gave the City Attorney's approval of the Council hiring outside counsel; however, that approval has now been withdrawn.

Council Member Carrigan said he thought this proposed ordinance was going to reflect what the Charter Committee asked the Legislature to do, but Mr. Riley is saying that it does not and he is asking the Council to table this item until the Legislature approves the Charter Committee request.

Council Member Mayer suggested that the Council could approve this proposed ordinance, contingent upon the State Legislature passing the City Charter bill.

City Manger Carey commented that when an ordinance is brought forward for approval by the Council, it does have to have the approval by the City Attorney as to form and in consideration of new information fiom the Attorney General that Mr. Adarns did not have when he completed the first reading of this document, he has withdrawn his approval as to form fiom this proposed ordinance. He said tabling this item will avoid a dispute over powers and the Charter change, if approved by the Legislature, would have the affect of giving the Council the power to hire the outside legal services they desire. He said a key point in the memorandum is the paragraph where he says that it is with this background and expressed desire of the City Council that the instant this ordinance was proposed and he was attempting at the time he prepared this to comply with the direction the Charter Committee was going. However, since that time, what has changed is that the Attorney General has given a different opinion as to what powers the Council has. Mr. Carey said that the Council can proceed however they feel is appropriate; but he cautioned that an ordinance that did not have the "approval as to form" from the City Attorney could be held as being inappropriate, even if they passed the ordinance with the condition that it takes effect upon approval of the Charter change.

Council Member Mayer argued in favor of approving the ordinance, even if the City Attorney had withdrawn his approval. Mr. Riley argued that one of the things required as part of this ordinance is the approval of the City Attorney and he has withdrawn that approval. Mr. Riley stated that action taken in

Page 1 1 of 14

: Regular Meeting of the Sparks City Council for February 26,2007

contravention of the law can be subject to challenge and it could be overturned by a Court; and fw?her, any appointment of outside legal counsel in contravention to an ordinance that is invalid would also be invalid and any payments to that outside legal counsel could be challenged. Mr. Riley said it would be his advice that the Council seriously consider not approving this particular ordinance and that they wait until the Legislature approves the Charter change (SB 1 01).

Council Member Carrigan asked what the difference was between tabling this proposed ordinance and approving it to take effect after the Legislature approves SBI 01. Mr. Riley explained that tabling the item means the Council did not take any action; however, if they change the effective date to go into effect after the Legislative bill is passed, it just changes the effective date of the proposed ordinance. Council Member Carrigan argued that if the Council did approve this bill with an effective date after the Legislative bill is passed, then the City Attorney still has the same powers and the Council cannot hire outside legal counsel until the City Attorney approves it. Mr. Riley agreed that the City Attorney would still have the same powers until such time as this proposed ordinance becomes effective.


Council Member Schmitt said it is apparent that the relationship between the Sparks City Council and our legal office has deteriorated to an even further low and you would think we could work on this relationship and start doing things cooperatively. He said he felt it was unacceptable and unprofessional for an office of this City to put something on an agenda and then say the signatures on the paperwork are in error and pull support for the item. He said he did not think it made any difference whether it is done now or later; it is going to be done.

A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve Bill No. 2538 (Ordinance No. 2358), effective the day following the day the City Charter change passes the Legislature and is signed by the Governor; and if it does not pass the Legislature, this ordinance is revoked. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 12 of 14


e 7.2 Time: 4:32:56 p.m. Adoption of Bill No. An agenda item from Assistant City Manager Steve Driscoll 2539, Adopting a Right- requesting the City Council approve Bill No. 2539, an ordinance of- Way Agreement adopting a Rights-of-way Agreement between the City of Sparks between the City of and Nevada Bell Telephone Company dba AT&T Nevada; and Sparks and Nevada Bell providing for other matters properly related thereto. Telephone Company, dba AT&T Nevada Mr. Driscoll provided a history of the negotiations on this

agreement and reviewed the provisions of the agreement. He then responded to questions and concerns from Council.

Council Member Mayer asked if our SNCAT broadcast would be carried through these telephone lines. Mr. Driscoll said we would need to put some equipment on the front side at SNCAT and they will do this with an interest-free loan.

Mr. Hal Lennox, representing AT&T Nevada, remarked that this bill would create an environment of greater competition and provide them with additional choices for television programming. He said this is much more than video; it is about bringing new state-of-the art technologies to the citizens of Sparks. He thanked the negotiation team for their professionalism in negotiating this agreement.

Council Member Mayer asked if you can receive high-speed internet through your telephone line now, will you be able to receive this video feed. Mr. Dan Jacobson of AT&T Nevada said it was a little more complex than that: in order for them to send a very fast signal, they have to be able to support video, voice and high-speed internet and to do this they have to pull fiber optics through existing conduit to bring it closer to residences. He said they will be putting a lot of money into the infrastructure of Sparks in order to upgrade the current capabilities; however, once they get there, then the same footprint that can get DSL can get their service.

Council Member Carrigan commented that he is all for competition because it benefits the consumer.


A motion was made by Council Member Salerno, seconded by Council Member Schmitt, to approve Bill No. 2539 (Ordinance No. 2359) an ordinance adopting a Rights-of-way Agreement between the City of Sparks and Nevada Bell Telephone Company

Page 13 of 14


dba AT&T Nevada. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

8. Planning and Zoning Public Hearings and Action Items: NONE I Time: 4:47:51 p.m.

The Council meeting was recessed to allow for the conducting of the Redevelopment Agency Meeting. The Council Meeting was then reconvened at 5:05 p.m.

6. General Business (Continued): I I 6.8 - Time: 5:05:55 p.m. Possible Motion to An agenda item from Assistant City Manager Steve Driscoll Conduct Labor Relations requesting the City Council conduct labor relations proceedings Proceedings which are closed to the public per NRS 288.220.

- I

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to adjourn to a closed door labor session. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.9 - An agenda item from Assistant City Manager Steve Driscoll Possible Action Related requesting the City Council consider possible action related to a to a Closed Door Labor closed door labor session to discuss labor relations proceedings. Session

a The meeting was not reconvened after the closed session and no action was taken with regard to this item.


Time: 5:05:23 p.m. Council Member Carrigan asked Mr. Riley, for the record, if they could go to a closed meeting for labor relations. Mr. Riley confirmed that they could.

I


5:06 p.m.

I Mayor 1

City Clerk >>>

Page 14 of 14

REGULAR MEETING OF THE SPARKS CITY COUNCIL February 20,2007 3.00 p.m.

1 . - Time: 3:02:20 p.m. Call to Order The regular meeting of the Sparks City Council was called to order by


2. - Roll

Time: 3:02:26 p.m. Call Mayor Geno Martini, Deputy City Clerk Lenda Ulrich, Council

Members John Mayer, Phillip Salerno, Ron Smith, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney Tom Riley, PRESENT. City Clerk Debi Dolan, Council Member Mike Carrigan, City Attorney Chet Adams, ABSENT.

Staff Present: Tom Clewell, Kathy Clewett, John Dotson, Steve Driscoll, Neil Krutz, John Martini, Adam Mayberry, JoAnne Meacham, Wayne Seidel, Dave Vill and Carrie Brooks.

Invocation and Pledge Time: 3:02:39 p.m. of Allegiance There was no invocation and the Pledge of Allegiance was led by

Council Member Phil Salerno.

Comments from the Time: 3:03: 16 p.m. Public None.


adding items which require action upon a finding that an emergency exists. Agenda Item 6.2 was taken out of sequence and heard immediately after approval of the agenda.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 3:04:02 p.m. Approval of the None Minutes

4. Announcements. Presentations and Recognition Items and Items of Special Interest:

4.1 - Time: 3:05:28 p.m. Proclamation - Career Mayor Martini read a proclamation naming February, 2007 as Career & Technical Education & Technical Education Month in recognition of the role that Career & Month Technical Education plays in promoting student success. The

proclamation was accepted by students and teachers from Reed High School, Truckee Meadows Community College High School and

Page 1 of 12

the Special Meeting of the Sparks City Council for February 20, 2007

Galena High School, all of whom are involved in the Future Business Leaders of America program.

Time: 3: 1 1 :54 p.m. TC Derek W. Morse, Deputy Executive Director for the Regional

Transportation Commission of Washoe County (RTC) gave a presentation regarding the design, right-of-way acquisition for future widening, and the construction of sidewalk for the McCarran Boulevard Widening Project between 1-80 and Prater Way, as follows:

History 1999 - Harding ESE asked to prepare study looking at numerous alternatives October 2001 - Final recommendations and implantation plan

submitted Outreach during study preparation included public meetings No further action taken at that time

Congestion and Operational Problems Remain 2001 - 2030 RTP identified the need for extensive improvements 2004 - 2030 RTP identified the need for extensive improvements

Current Forecasts for Land Use Changes

Region-wide Land Use

component Projection (made Fall 2006 from

current data) Population 335,000 683,000

2003 to 2030 (using Fall 2006 data)

Current Traffic Numbers I I

Despite more projected regional growth that anticipated in 1999, 1

2030 volumes have remained fairly stable: I

Employment

Dwelling units

Page 2 of 12

173,000

137,000

397,000

266,000

+130%

+94%

Minutes of the Special Meeting of the Sparks City Council for February 20,2007

Current 2030 Numbers Projected improvements in the Regional Road System and Freeways have caused corridor volumes to remain stable

- PyramidIOuter Ring Freeway - Sparks Boulevard Widening - Vista Boulevard Widening - Southeast Connector (Valley Alignment) - I80 Widening - US 395 Widening

Conclusions of the Harding ESE Study McCarran Boulevard to be widened from 1-80 eastbound ramps to Prater Way with 8 through lanes plus auxiliary turn lanes Rebuild the I-80lMcCarran Boulevard interchange Restrict turning movements on Nugget Avenue

Conclusions from Revisiting the 1999 Harding ESE Study Harding ESE Recommendations are still largely valid Given the scope and cost - the corridor improvements will need to be phased

Immediate Issues Near term safety concerns for pedestrians on west side of McCarran Boulevard from Prater Way to Nichols Boulevard Improvements will be expensive and should be placed in final location, make a programming recommendation to Board on sidewalk improvements programming

At the conclusion of his presentation, Mr. Morse noted that in order to proceed, Sparks needs to commit to the widening of McCarran Boulevard in general accordance with the Harding ESE traffic study.

Council Member Mayer made a motion to approve RTC's widening program. Acting City Attorney Tom Riley interrupted the motion, stating that this item was agendized as a presentation and therefore he advised that no action be taken on this item. City Manager Carey said that an item listed under "Presentations" is generally not an action item and he asked Council to provide direction to him that they would like an action on a subsequent agenda so that Mr. Mayer's motion could be carried out. Council Member Mayer then requested that this item be put on the next agenda so that action could be taken to support RTC's plan. Council Member Schmitt noted that it appears in the rules that action items are not marked with an asterisk on the agenda and it appears that the cover sheet of the agenda would allow the Council to vote on the recommendation in the staff report to alIow this item to go forward. Attorney Riley stated that the posted agenda is the one we have to follow and the wording of the item does not make it an

Page 3 of 12


action item, only a presentation. Council Member Mayer said to error on the side of caution, he would prefer that this item come back next week for a vote. Mr. Morse confirmed that there would be no problem with a delay on the vote of support for this item.

Mayor Martini asked Mr. Morse how the best place for the sidewalks was determined now, before the road was actually widened. Mr. Morse responded that the Study actually identified the locations for the widening and the sidewalks, so the sidewalks will be placed in such a way as to allow for future widening without having to re-locate the sidewalks. He noted that there will be some property acquisition that will be required for the sidewalks, but that it would be minor and no residences should be disrupted. However they would have to put in some retaining walls, which is what causes this project to be so expensive: $2.5 million for the sidewalks, alone.

5. Consent Items: Time: 3:26:36 p.m. Agenda Items 5.10 through 5.15 were pulled for discussion and separate vote.

A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve Consent Items 5.1 through 5.9. Council 1 I Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.

Council Member Schmitt asked staff why there were so many refunds. Deputy Director of Community Development John Martini explained that the Community Development Department audits their process every year and found that these single family permits, for a period of time, were being improperly charged twice for their fire plans examination. He noted that this happened on homes that had sprinkler systems: they should have been charged only for the sprinkler system review and not for the additional fire review. Mr. Schmitt asked how many more refunds would there be. Mr. Martini said he had staff look for additional permits that were incorrectly charged and they were unable to locate any. He emphasized that they have corrected this problem in their permitting process.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Consent Items 5.10 through 5.15. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.

I

5.1 - An agenda item from Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Ms. Nimali Wijeweera, Package License for 1295 Glendora Lane, Sparks, for an Alcoholic Beverage Package Nemo's Market, 445 License for Nemo's Market Inc., dba Nemo's Market, located at 445

a Wright Way Wright Way. Ms. Wijeweera and her husband have owned the market

Page 4 of 12


since 2002. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.2 An agenda item from Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Mr. Bruce D. Barlow, 3346 Package License for Ten Mile Drive, Sparks, for an Alcoholic Beverage Package License Wal-Mart Supercenter for Wal-Mart Supercenter #3729, located at 5065 Pyramid Lake Road. #3729 Mr. Barlow has been the Store Manager since May, 2002 and this will

be his first license in Sparks. The license will provide a $700.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 An agenda item from Police Chief John Dotson recommending the Dining Room Wine & City Council approve an application from Mr. Eric Louis Schloesser, Beer License for 6321 Bear Creek Court, Reno, for Dining Room Wine and Beer Carrella's Italian License for E & C Enterprises Restaurant Group, Inc., dba Carrella's Specialty Foods, 2888 Italian Specialty Foods, located at 2888 Vista Boulevard, # 102. Mr. Vista Blvd. Schloesseris the owner of the business and this will be his first liquor

license in Sparks. The license will provide a $500.00 annual fee, plus $1 .OO per $1,000.00 over $25,000.00 annually and is contingent upon

0 inspections and approvals from various agencies as stated in the staff report.

5.4 - An agenda item fiom Police Chief John Dotson recommending the Dining Room Wine & City Council approve an application from Mr. William Michael Foley, Beer License for Round 212 Elder Court, San Ramon, CA 94583, for a Dining Room Wine Table Pizza Store #945, and Beer License for Round Table Development Company dba Round 475 1 Galleria Parkway, Table Pizza, Store #945, located at 47 15 Galleria Parkway, Suite 10 1. Suite 1 0 1 Mr. Foley is the Vice President of Operations for Round Table Pizza

and this will be his first liquor license in Sparks. The license will provide a $500.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.5 - An agenda item from Police Chief John Dotson recommending the Dining Room Wine& City Council approve an application from Mr. Tinnakorn Beer License for Isan Chavalithumrong, 2406 Skyview Drive, Reno, for a Dining Room Thai Restaurant, 2855 Wine and Beer License for Isan Thai Restaurant, located at 2855 N. North McCarran Blvd. McCarran Boulevard #108. Mr. Chavalithumrong is the owner of the

restaurant and this will be his first liquor license in Sparks. The license will provide a $500.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

Page 5 of 12


5.6 - An agenda item from Police Chief John Dotson recommending the Incidental Beer & Wine City Council approve an application from Mr. Gregory E. Lafayette, Package License for 3417 Forest View Lane, Reno, for an Incidental Beer and Wine LaBella Cucina, 50 Package License for LaBella Cucina located at 50 Freeport #20. Mr. Freeport #20 Lafayette is the owner of Northwest Datacom & Power in Reno and

this will be his first liquor license in Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.7 - An agenda item from Public Works Director Wayne Seidel Joinder Bid Purchase of recommending the City Council approve the purchase of a 2006 a 2006 Chevrolet Crew Chevrolet Crew Cab Pickup with Utility Box through the State of Cab Pickup with Utility Nevada Department of Administration Division Joinder Bid process Box from Champion from Champion Chevrolet in the amount of $26,974.25. This vehicle Chevrolet will be used by the Parks Department for the purpose of transporting

people and equipment to and from job sites. By utilizing a crew cab, staff will be able to transport more people to their jobs at one time, saving on vehicle usage and fueI consumption. Council approved this vehicle as a new needs request for FY 06/07 and funds were budgeted for this new acquisition.

5.8 - An agenda item from Parks and Recreation Director Stan Sherer Purchase of recommending the City Council approve the purchase of TimberForm-2 Play TimberForm-2 Play Structures from Park Pacific Inc., in the amount Structures from Park of $42,495.00. Antelope Ridge Park is a new park being constructed Pacific, Inc. next to Moss Elementary School. Included in the construction is a

TimberForm-2 Play Structure, which has been standardized by the Parks Division for City Parks. The cost includes freight and funds have been budgeted for this purchase.

5.9 An agenda item from Public Works Director Wayne Seidel Award of a Contract recommending the City Council award to Gerhardt and Berry the for the Emergency informal bid for the emergency rehabilitation and cleaning of the Rehabilitation and Baring Boulevard Culvert on the North Truckee Drain in the amount Cleaning of the Baring of $93,540. During annual maintenance activities in the fall of 2006, Blvd. Culvert on the it was discovered that the storm drain in Baring Boulevard is nearly North Truckee Drain full of sediment and debris. City crews were not able to clear the

sediment fiom the storm drain and discovered that the sediment blockage extended into the North Truckee Drain Culvert at Baring Boulevard. The culvert is a large structure and City maintenance crews do not have the equipment or resources to remove the sediment and make the repairs; making it necessary to involve outside contractors to perform the work. Five contractors were invited to prepare informal bids, with Gerhardt and Berry being the low bidder. Funds are available for this project.

Page 6 of 12

Minutes of the Special Meeting of the Sparks City Council for February 20, 2007

5.10 An agenda item from Deputy Director of Community Development Refund of Fire John Martini recommending the City Council approve a refund of Fire Prevention Fees to Prevention fees to Steven Scott Construction, Inc., in the amount of Steven Scott $1,176.45. One new home permit issued to Steven Scott Construction Construction was incorrectly charged Fire Prevention fees. These fees are included

in the fire sprinkler permits issued independently for each residence. This refund is reimbursement of overpayment.

5.1 1 - An agenda item from Deputy Director of Community Development Refund of Fire John Martini recommending the City Council approve a refund of Fire Prevention Fees to Behl Prevention fees to Behl Home Construction LLC., in the amount of Home Construction $4,095.65. Seven new home permits issued to Behl Home

Construction were incorrectly charged Fire Prevention fees. These fees are included in the fire sprinkler permits issued independently for each residence. This refund is reimbursement of overpayment.

5.12 Refund of Fire Prevention Fees to Ryder Homes of Nevada

Refund of Fire Prevention Fees to D R Horton

An agenda item from Deputy Director of Community Development John Martini recommending the City Council approve a refund of Fire Prevention fees to Ryder Homes of Nevada, Inc., in the amount of $10,258.38. Thirteen new home permits issued to Ryder Homes were incorrectly charged Fire Prevention fees. These fees are included in the fire sprinkler permits issued independently for each residence. This refund is reimbursement of overpayment.

An agenda item from Deputy Director of Community Development John Martini recommending the City Council approve a refund of Fire Prevention fees to D R Horton in the amount of $10,048.08. Nineteen new home permits issued to D R Horton were incorrectly charged Fire Prevention fees. These fees are included in the fire sprinkler permits issued independently for each residence. This refund is reimbursement of overpayment.

5.14 An agenda item from Deputy Director of Community Development Refund of Fire John Martini recommending the City Council approve a refund of Fire Prevention Fees to K & Prevention fees to K & R Homes, LLC., in the amount of $5,242.26. R Homes, LLC Twelve new home permits issued to K & R Homes were incorrectly

charged Fire Prevention fees. These fees are included in the fire sprinkler permits issued independently for each residence. This refund is reimbursement of overpayment.

5.15 - An agenda item from Deputy Director of Community Development Refund of Fire John Martini recommending the City Council approve a refund of Fire Prevention Fees to Prevention fees to Centex Homes, in the amount of $23,206.56. Centex Homes Forty-one new home permits issued to Centex Homes were incorrectly

charged Fire Prevention fees. These fees are included in the fire sprinkler permits issued independently for each residence. This refund is reimbursement of overpayment.

Page 7 of 12

the Special Meeting of the Sparks City Council for February 20,2007

Time: 3:36:38 p.m. Assistant City Manager Steve Driscoll provided a verbal update of Federal, State, Nevada League of Cities and Local Legislative affairs, as follows:

Our legislative staff was unable to attend today's meeting because they are in Carson City working on a few things that happened today; however Mr. Finseth may be joining us, if he arrives in time.

AB14 - a graffiti bill by Assembly Person John Oceguera. He had asked us to work with him and incorporate our original bill into his bill. We have done that by working with various folks in the assembly; however, our bill is still out there and if, for some reason, as we make amendments, we feel there are still a couple of graffiti issues that still need to go forward, we will have our bill as a contingency bill. He emphasized that our intent was to work through the leadership in the legislature to make sure that all the things the Council wanted got put into the bill. He noted that there was one small glitch in that the Council was looking for community service hours to go from 200 up to 500, but there was a legal issue with that: in order go to 500, a lot of the NRS would have to be changed across the board, and the legislators, in general, were not willing to do that. However, they had no problem maximizing the allowed 200 hours.

He noted that there were two eminent domain bills out already and there are more on their way. He said the flavor of these bills is: 1) working with the "pistol amendment" and make some technical clarifications since that petition was circulated to clean it up to make it so that it was actually doable; and 2) concern regarding the time frame and if an entity acquired a property and did not do what they said they were going to do with it within a five year period, then it would revert back to the original owner. It was shown that five years on some of these projects is impossible: such as, a transportation project where the entity is accumulated money from the Federal Government at the same time they are accumulating land at the local level. Mr. Driscoll noted that there is a friendly amendment to go to 15 years, rather than five; with the understanding that if, in that 15 years, there is an approved plan in place, that plan could possibly extend past the 15 years. He said what is still out there, and this Council has made clear that they wished this language was not in the bill, is that personal to personal is pretty much not going to be allowed under any circumstances. Mr. Driscoll noted that the unintended consequence of this restriction is that as soon as they put this in place, as well as some of the things within eminent domain, there is going to be that one building or one lot that the public is going to have an outcry that we need to take care of as a governmental agency and that we should do

Page 8 of 12


something and we would love to do something, but we will not be able to do it because of the restriction of private to private.

SB66 - the raising of the liability cap on governments from $50,000 to $100,000. Per Council's direction, we have not taken a stand on this issue at this point, but we are encouraging discussion regarding not allowing "stacked" actions.

Senate Ways and Means - they are proposing a state-wide $10 million economic development funding and last time EDAWN received this money for economic development in Northern Nevada.

Public Employees Benefit Program - there was additional discussion as to whether or not future retirees of non PEB based entities would be able to retire into the fund as it is now. There has been no decision, but the discussion appears to be leaning toward if you want to retire under PEB, you need to get in before some sunset date, or your entity is going to have to be a PEB agency.

Rock Park Recreation Project - it appears that we have some support to get an extension on the White Water Park money so that we would not lose it because there are some permitting issues we are trying to work out with the State lands and the Corps of Engineers. Senator Washington is willing to work with us on this.

SBlOl - Sparks' charter bill - this was introduced yesterday afternoon. The City Attorney's office is checking the language to make sure we didn't get anything added by the Legislative Council Bureau besides the two things we were asking for: outside counsel; and the requirements for serving on the Civil Service Commission.

SB104 - Nevada League of Cities - this bill was also introduced yesterday and heard today at 1 :30. It states basically that if there is no date set on a piece of legislation, it would not go into effect until October 1". This council did not take a position on this.

Legislative Reception - this was held on Wednesday of last week. There was a lot of feedback and one of the things they asked was to have a day-light tour in April to show some of the projects that were highlighted on the project boards at the reception.

Affordable Housing - Ms. Kirkpatrick, Chairman of the Assembly Government Affairs and also the Vice-Chair of the ACRI 0 Interim Committee on Affordable Housing, is looking forward to having more help from our planning staff in working on the affordablelattainable housing issue.

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6.2 Appointments to the Sparks Planning Commission

6.3 - Approval of 3 Interlocal Agreements Concerning Implementation for the TROA

Council Member Mayer asked about AB93 and asked Mr. Driscoll to have his staff look into this issue.

Time: 3:04:03 p.m.* An agenda item from City Manager Shaun Carey requesting the City Council confirm the Mayor's appointment of Bruce Breslow and David Fischer to the Sparks Planning Commission. There are two vacancies on the Sparks Planning Commission for a four-year term of office which will expire December 3 1, 2010. Mayor Martini has interviewed those persons interested in serving on the commission and is recommending these two persons to be appointed. Council must confirm the appointments.

Mr. Carey noted that Bruce Breslow (former Mayor of Sparks) and David Fjscher were being recommended by Mayor Martini to fill the two vacancies on the Planning Commission.

A motion was made by Council Member Salerno, seconded by Council Member Smith, to confirm the Mayor's appointment of Bruce Breslow and David Fischer to the Sparks Planning Commission. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.


Time: 3:46:56 p.m. An agenda item from Public Works Director Wayne Seidel and Utility Manager JoAnn Meacham requesting the City Council approve three interlocal agreements concerning implementation of the Truckee River Operating Agreement (TROA): 1. Agreement Designating Water Rights (Attachment No. 1:

Defines what water will be usedfor purposes of satishing the TROA obligation to provide 6,700 acre feet of water rights for Truckee River instream flows.)

2. Agreement Confirming and Acknowledging Satisfaction of Certain Conditions Relating to the Truckee River Operating Agreement Between Reno, Sparks, Washoe County and the Pyramid Lake Paiute Tribe. (Attachment No. 2: Provides a document to the TROA Parties that the contingency to provide the 6,700 acre feet of water is satisfied and the inclusion of the requested language modiJications to the TORA is satisfactory.)

3. Agreement on Management of Water Rights Appurtenant to Street Rights-of-way between Reno, Sparks, and Washoe County. (Attachment No. 3: Provides a cooperative framework between Reno, Sparks and Washoe County on how the three entities will manage the water rights obligation and obtain reimbursement ji-om fees paid by future water users that benefit from the TROA. Afier further negotiations, this agreement will

Page 10 of 12


incorporate a reimbursement method which will provide reimbursement first to any entity that over-pledged water rights.

Mr. Seidel reviewed each of the agreements and noted that the Washoe County Piaute Tribe ratified these agreements February 13'h (last Tuesday), the City of Reno acted on these last Wednesday (February 1 4 ~ ) ; and Washoe County is will be reviewing the agreements at their Commission Meeting today.

Mr. Seidel noted language that was added in Agreement No. 2, which was approved by the Tribe and Reno: Paragraph 1) SATISFACTION OF TROA CONTINGENCY - "...by signing and taking effect of this Agreement and the Agreement Designating Water Rights prior to the signing and taking effect of the Truckee River Operating Agreement.

A motion was made by Council Member Smith, seconded by Council Member Salerno, to approve staffs recommendation and authorize the Mayor to execute the three interlocal agreements concerning implementation of the Truckee River Operating Agreement, including the additional language outlined by Mr. Seidel for Attachment No. 2. Council Members Mayer, Salerno, Smith, Schmitt, YES. Council Member Carrigan, ABSENT. Motion carried.

7. Public Hearings and Action Items Unrelated to Planning and Zoning: None

8. Planning and Zoning Public Hearings and Action Items: None

9. - Time: 355: 19 p.m. Comments from the Council Member Mayer asked about the time line for finishing the Council and City streetscape on Victorian Avenue from 21S' Street to Rock Boulevard. Manager Mr. Seidel said staff has two projects designed and ready to go to bid,

but there was a snag on the right-of-way. He said that they anticipate setting the right-of-way in the next two weeks and when this is completed, it is anticipated we will need another 30 to 60 days to get the easements and right-of-ways lined up and once the right-of-way is certified, the projects will go to bid. If everything goes as planned, the bid package will hit the street in May or June and awarded by early summer for construction in early fall.

Council Member Mayer also commented that the new community center is looking beautiful and asked when it would be completed. Mr. Seidel responded that the contractor said that as soon as the glass comes in and is installed, they are about 35 to 45 days until it is completed, so staff anticipates a "grand opening" just before summer.

Council Member Mayer said the intersection at 15th and Victorian was supposed to be redone in conjunction with the new transit center and asked if this would be done before or after the Special Events season

Page 11 of 12


in Victorian Square. Mr. Seidei stated that staff is very sensitive about keeping our streets open during special events and they will work with RTC to coordinate the work on this intersection so that it can remain open.

rnrnent Time: 4:03:00 p.m.


Mayor

City Clerk

Page 12 of 12

REGULAR MEETING OF THE SPARKS CITY COUNCIL February 12,2007 3:00 p.m.



2. - Roll Call

Time: 3:02:21 p.m. Mayor Geno Martini, Deputy City Clerk Lenda Ulrich, Council Members John Mayer. Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, Assistant City Manager Steve Driscoll, Acting City Attorney Tom Riley, PRESENT. City Clerk Debi Dolan, City Manager Shaun Carey, City Attorney Chet Adams, ABSENT.

Page 1 of 20

Staff Present: Brian Bessette, Tom Clewell, Kathy Clewett, Tracy Domingues, Gary Dunn, Shirle Eiting, Jon Ericson, Andy Fuller, Teresa Gardner, Randall Gray, Gary Hutchinson, Rob Joiner, Neil Krutz, Dan Marran, Adam Mayberry, Randy Mellinger, Tom Minton, Robin Pagni, Linda Patterson, Tony Pehle, Summer Pellet, Margaret Powell, Chris Syverson, Karen Todd, Dave Vill and Carrie Brooks.


invocation and Pledge of Time: 3:02:39 p.m. Allegiance The invocation was given by Pastor Bruce Taylor, Spanish Springs

Presbyterian and the Pledge of Allegiance was led by Council Member John Mayer.

Time: 3:05:09 p.m. Mr. Tyrus Cobb, 4 175 Powderkeg, Reno, spoke about the need for a radio station with programs for the senior community. Council expressed concern regarding a public entity subsidizing a radio program. It was pointed out that the City of Sparks already had a television station and that with 24 hour programming needed, perhaps a program for the senior community could be developed for television. Mr. Cobb was directed to speak with the Public Information Officer, Adam Mayberry.


A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve the agenda as posted. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


Time: 3:12:38 p.m. Approval of the Minutes A motion was made by Council Member Schmitt, seconded by

Council Member Smith, to approve the minutes of the Special Meeting of January 16, 2007 and the Regular Meeting of January 22, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

4. Announcements, Presentations and Recognition Items and Items of Special Interest: 1 4.1 Time: 3:13:12 p.m. Proclamation - Black Mayor Martini read a proclamation naming February, 2007 as History Month Black History Month in recognition of the role that African

Americans have played in Nevada's History and the cultural and economic development of the City of Sparks. The proclamation was accepted by Lucille Adin, President of the RenoISparks NAACP.

4.2 Time: 3:16:33 p.m. Proclamation - Wear Red Mayor Martini read a proclamation naming February 2, 2007 as Day for Women Wear Red Day for Women in support of women and the ongoing

fight against heart disease and stroke. The proclamation was accepted by Kim Hansen.

4.3 - Time: 3:18:58 p.m. Presentation from Sierra Ms. Mary Simmons, Vice President of External Affairs and Pacific Power Company Jeannie Baker, Major Accounts Executive, both from Sierra

Pacific Power Company, presented two checks to the City of Sparks. The first check was for portfolio energy credits for renewable energy that are generated at the Truckee Meadows Water Reclamation Facility for their energy producing projects in the amount of $1 86,719.36. This is for the credits generated in 2004, 2005 and 2006. Ms. Simmons noted that we will be getting more payments like this in the future because the City has a contract with Sierra Pacific for the next 17 years. The second check was for rebates to the City for participation in Sierra Pacific's Sure Bet Program in the amount of $100,000. The rebate for the City's investment in energy saving devices included replacing old pumps with more efficient pumps; replacing existing blowers with more efficient blowers and converting 373 traffic signal lamps with LED lights.

4.4 - Time: 3:26:13 p.m. Presentation of Customer Service Coordinator Karen Todd gave a power point Community Development presentation on the Sparks Community Development Annual Department Annual Report for 05-06 as follows: Report

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Building Department Building Permit Activity Increased 27% New Single Family Permits Increased 42% Building Permit Valuation Increased 71%

Current Planning Entitlements Increased 64%

Tentative Maps Increased - 2 1 in FY 04/05 - 50 in FY 05/06

Planned Development Handbooks Reviewed Increased from 12 to 18

Engineering 33 New Subdivision Maps Approved 2,720 New Lots Added - 82% Increase Most in: - Foothills at Wingfield Springs - Kiley Ranch - Sparks Galleria - Miramonte - Pioneer Meadows

Advance Planning Non-Restricted Gaming

Code amendments & master plan revisions adopted by City Council January 2006 Regional Planning - Negotiated settlement & RPGB certified amendments to

Regional Plan in July Historic Preservation - Sparks first city in Nevada to be named Preserve America

Community - Received approx. $20,000 in grant funds to continue

inventory of historical properties Housing Rehabilitation

1 1 deferred loans & 4 emergency grants completed with CDBG funding - $2 15,000 community investment Additional funding doubled amount of money available - $300,000 grant from Washoe County HOME Consortium

Grant Administration Sparks High School track completed with CDBG and school district funding

Community Assistance Center funding

1 O-Year Plan to End Chronic Homelessness Code Enforcement

First Community Appearance Bus Tour Better tracking of investigations - 1900 complaints

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Minutes of the Regular Meeting of the Sparks City Council for February 12, 2007

5. Consent ltems:

investigated Redevelopment

Selected Trammel1 Crow as the developer for Phase I of Victorian Square & negotiated development agreement Initiated design of and financing for Phase 1 public improvements for The District at Victorian Square Negotiated and approved DDA and financing agreement with RED Development for Legends Worked with Primestor Development to encourage redevelopment of Paradise Plaza

Council Member Mayer suggested housing rehabilitation loan program would make a good program for the City's Spotlight on Sparks program. Ms. Todd noted that a program had already been completed and that it was running on our television station this month.

Time: 3:36:02 p.m. A motion was made by Council Member Smith, seconded by Council Member Mayer, to approve Consent ltems 5.1 through 5.9. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

5.1 An agenda item from Assistant Finance Director Joyce Farley Report of Claims and recommending approval of the Report of Claims and Bills paid Bills and Appropriation and the Appropriation Transfers made since the last regular Transfers Council Meeting for the period covering January 4, 2007 through

January 24,2007.

5.2 - An agenda item from Parks and Recreation Director Stan Sherer Bid Award for Fitness recommending the City Council award a combined bid for fitness Equipment for Larry D. equipment for the new Larry D. Johnson Community Center to Johnson Community Advanced Exercise Equipment and Advantage Fitness Products in Center the amount of $33,665.00. This combination of two local bids

meets the City specifications and will provide quality commercial equipment with 48 hours or less on service calls. These companies are bidding the highest in name brand quality commercial equipment from manufacturers such as Precor, Life Fitness and Hammer Strength. These companies are the industry standards in use across the country.

5.3 - An agenda item from Parks and Recreation Director Stan Sherer Award of Sparks Marina recommending the City Council award to Goodi's Fresh Squeezed Concessions to Goodi's Lemonade the contract for concession services at the Sparks Fresh Squeezed Marina Park (RFP 06107-017). Goodi's has been administering Lemonade the concession contract at the Sparks Marina for the past five

Page 4 of 20


years. This company has done an outstanding job of serving the public a variety of menu items at a fair price. They are open in a timely manner and they have done an excellent job of working with the organizers of the various special events that take place at the park. The current contract for concession services has expired and staff is looking to fill a new two year contract, with options for an additional three years. Goodi's Fresh Squeezed Lemonade was the only response to the RFP.

5.4 - An agenda item from Senior Planner Victor Villarreal Award of Contract to recommending the City Council award a contract to Bowling Bowling Mamola Group Mamola Group to conduct conceptual facilities master planning for a Conceptual for police and fire protection facilities, parks and dpen space, Facilities Master Plan for electricity, telecommunications, natural gas, waste disposal, and the East Truckee River schools for the East Truckee Canyon Planning Area in a total Area contract amount of $30,000. In 2002 the East Truckee Canyon

Planning Area was included into the City of Sparks Sphere of Influence by the Regional Planning Governing Board. Under the terms of the contract, the demand for, provision of, and conceptual location of these facilities will be determined. Funds are available for this project.

0 5.5 - An agenda item from Public Works Director Wayne Seidel Change Order No. 4 for recommending the City Council ratify the City Manager's the Larry D. Johnson approval of Change Order No. 4 for the Larry D. Johnson (West Community Center End) Community Center in the amount of $22,669. This change Project order is for installing a more energy efficient Allerton Digital

Control upgrade in lieu of the Honeywell Thermostat Control System outlined in the original contract. If this change order is approved, the total amount of change orders for this project to date will be $101,740.66, which is approximately 3% of the total potential contract amount.

5.6 - An agenda item from Court Administrator Heidi Shaw Approval ofthe Judge recommending the City Council approve the Municipal Court Pro Tempore List for the Judge Pro tempore list for calendar year 2007 as follows: Municipal Court for 2007

Cheryl Field-Lang, Esq. Mary Margaret Kandaras, Esq. Douglas Nicholson, Esq. Michael Specchio, Esq. Lewis S. Taitel, Esq. Egan K. Walker, Esq.

Pro tempore Judges are utilized by the Municipal Court in the event that a Judge is unavailable to hear matters due to illness, vacation, mandatory judicial training, attendance at judicial

Page 5 of 20


conferences, and/or recusal from a case. Pro tempore Judges are necessary to fulfill the legal requirements of case processing and timely disposition.

5.7 An agenda item from Public Works Director Wayne Seidel Change Order No. 1 to recommending the City Council ratify Change Order No. 1 to the the RTC for the Curb, May 22, 2006 Interlocal Cooperative Agreement with the Regional Gutter and Sidewalk Transportation Commission of Washoe County (RTC) for Reconstruction on First reimbursement to the RTC in the amount of $33,525.24 for curb & Street gutter and sidewalk reconstruction on First Street from East Prater

Way to East Greenbrae Drive. The original agreement was for additional curb, gutter and sidewalk quantities requested by city staff along First Street. The estimated dollar amount of the agreement was $100,000. Once the project was completed, the final construction cost was $133,525.24. The Original agreement was underestimated by $33,525.24.

5.8 - An agenda item from Public Works Director Wayne Seidel Contract Award to recommending the City Council award to Summit Engineering the Summit Engineering for contract for the McCarran/Baring/North Truckee Drain Storm the McCarradBaring Sewer Study project in the amount of $150,000. This project will North Truckee Drain analyze the area of Baring Boulevard, which flooded during the Storm Sewer Study New Years storm event of 2006, to determine possible solutions.

Summit is on the City on-call services list, has performed similar work in the past for Sparks and other agencies, and is fully capable to perform this project.

5.9 - An agenda item from Police Chief John Dotson recommending the Interlocal Agreement for City Council approve an Interlocal Agreement for the Northern the Northern Nevada Law Nevada Law Enforcement Academy between the Sparks Police Enforcement Academy Department, Reno Police Department, Washoe County Sheriffs

Office, and the Board of Regents of the Nevada System of Higher Education on behalf of the Truckee Meadows Community College, including the Truckee Meadows Community College Police Department. The Academy provides basic law enforcement training to police officer recruits and qualified civilians and costs are offset through the use of Sparks Police Department Officers as trainers in many different subjects of the academy curriculum. The Academy is also a cost effective way to provide basic law enforcement training to recruit officers and meets all the requirements for a Category 1 Nevada Peace Officer Standards and Training Certificate.


6.1 - Time: 3:36:38 p.m. Local Legislative Affairs Government Affairs Manager Rob Joiner provided a verbal update Issues of Federal, State Nevada League of Cities and Local Legislative

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6.2 Nevada League of Cities and Municipalities Youth Award Program

6.3 - Regional Emergency Operations Plan Agreement

affairs, noting that this was the first week of the 2007 session of the State of Nevada Legislature. He also discussed the status of the City's bill draft regarding graffiti and the Council's support of home rule legislation. There was also a discussion regarding asking the legislature for approval of a Public Safety Sales tax for Washoe County andlor RenoISparks, contingent upon approval from the voters.

SB66 was also discussed. Council's consensus was that the current cap of $50,000 for public entity liability was rather small for this day and age and they agreed it should be raised to $100,000.

Time: 4:11:57 p.m. An agenda item from City Manager Shaun Carey requesting the City Council nominate six students from the 13 applications received for scholarships through the Nevada League of Cities and Municipalities Youth Award Program.

Administrative Analyst Linda Patterson noted that all the applications were outstanding and that the cost to the City would be a maximum of $800, in the event that a student from Sparks won this competition. She also noted that the deadline for making our recommendations to the Nevada League of Cities was March 9th and outlined the Council's options as follows: three can be recommended for the senior award and three can be recommended in the "high school" category, for a total of six recommendations. .

After a lengthy discussion, the consensus was that each Council Member would submit their top six choices to Ms. Patterson, who, in turn, would create a matrix of the top candidates to be reviewed by Ms. Patterson and Council Members Mayer and Salerno. The top candidates would then be presented to the Council for approval and submission to the Nevada League of Cities.

Time: 4:24:54 p.m. An agenda item from Emergency Management Administrator Gary Dunn requesting the City Council approve the Regional Emergency Operations Plan (REOP) Agreement among Washoe County, City of Reno, City of Sparks, University of Nevada, Reno and Washoe County School District, requiring funding a share of the plan-writing vendor fees to revise regional emergency Operation Center Guidebooks (Plans), in the amount of $6,500.00.

Mr. Dunn stated this is a cost-sharing agreement to fund consultant fees involving the assessment and possible revision of the EOC Guide Books. He noted that these guide books were last approved

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in 2002 and they need to be revised, based on recent changes in emergency management. He noted that the local emergency managers made a request to the State Department of Emergency Management to fund the revision and they agreed to a grant to fund up to a maximum of $26,000. However, the EMP Grant is a 50% share grant, so the local jurisdictions would have to share the cost. He said that Washoe County and Reno have both committed to $10,000 each for the project; the School District and the University, $3,000 each and they requested $6,500 from the City of Sparks, which brings the total for the revision to $58,500. The cost of the revision is estimated at $55,000. Mr. Dunn noted that Washoe County will be handling the grant.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve the Regional Emergency Operations Plan (REOP) Agreement. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.4 - Time: 4:29:35 p.m. Discussion Regarding the An agenda item from Purchasing Manager Dan Marran requesting Franchise Agreement for the City Council discuss and provide direction regarding the the Collection and franchise agreement for the collection and disposal of solid waste Disposal of Solid Waste in the City of Sparks. Mr. Marran gave a power point presentation

as outlined below: Solid Waste Franchise Discussion

Current Franchise Agreement Awarded to Reno Disposal/Sparks Sanitation (now owned by Waste Management) in 1977 lnitial IO-year term with multiple options Last revision occurred in 1991 - Increased Franchise fee to 5% (from 3%) - Allowed for Annual Rate Increases (CPI) Current Agreement Expires June 30,2007

Franchise Fee Revenue

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Current Sparks Residential Rates (Feb-2007) "Standard" residential Service includes:

96 Gallon Toter Weekly Collection: $9.95 (Collection rate includes recycling charge of $1.25 and 5% franchise fee)

Toter Rental Fee: $3.79 Total Monthly Rate 13.74

Reno Rate for Similar Service = $13.45 Washoe County Rate for Similar Service = $1 8.40

Classification of Waste Streams: Solid Waste: Defined in NRS 444.490 - lncludes all putrescible and non putrescible refuse other than "hazardous" waste. Garbage: Putrescible animal and vegetable waste resulting from the handling, storage, preparation, cooking, sale and serving of food and beverage. Rubbish: Non-putrescible solid waste, exclusive of those un- sanitized materials that have been in contact with garbage. Putrescible: The quality of quickly decomposing andlor rotting (most often associated with food products)

133,529,780

Scope of Current Franchise Originally designed to include all solid waste streams within the City of Sparks Companies other than the franchisee have successfully

segmented the market Court has affirmed the right of companies to haul materials other than "garbage" under the current franchise and Municipal Code (Case under appeal) Result = Lost revenue to franchisee and lost franchise fees to

the City

9%

Total

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6,676,489

Average Growth

e Regular Meeting of the Sparks City Council for February 12, 2007

Issues to be Addressed Issues already identified to be addressed in the next franchise will include: Potential expansion of the residential menu of services Quantifiable customer service standards for new and existing customers Single stream recycling options Allowances to amend the agreement under certain conditions

Issues Requiring Council Direction 1 . Franchisee Selection Process 2. Scope of new Franchise 3. Length of New Franchise 4. Franchise Fee Rate Considerations 5. Capturing "Franchise Fee" Revenue

Franchisee Selection Process City has right per NRS 268.081-083 to grant franchise for this service. NRS is mute on how franchise vendors are to be selected. No requirement in NRS or Municipal Code that the service be openly solicited or bid. Therefore, the selection process (whether through bidding or negotiation) is a policy decision to be made by Council. "A publiclopen solicitation process has the potential benefit, but no guarantee, of lowering the cost to residents and businesses for the collection of "trash" as well as potentially improving customer service. However, any change in residential hauling companies represents a logistical and organizational challenge to the citizens of Sparks and any potential new franchisee. It is unknown whether any potential benefit would outweigh these challenges."

Reauest for Direction from Council: Would Council prefer staff to engage in a process of public solicitation? If not, would Council then authorize staff to negotiate directly with the incumbent franchisee?

Scope of New Franchise Per NRS 268.081, it is in the best interest for continuity and predictability of service that a single franchised hauler be established for the collection of household "garbage." At minimum, the new franchise should include the collection of "garbage" (as defined earlier). Given the opinion of the Court concerning the hauling of material other than "garbage", Council may wish to define a more limited scope of the new franchise agreement and allow

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for market competition in non-franchised segments. This methodology would match the scope of the franchises in place in Reno and Washoe County.

Request for Direction from Council: What should the minimum scope of the franchise agreement include? Potential Options Include:

1 . Residential and Commercial "Garbage" + Curbside Recycling (Equal to the City of Reno and Washoe County Franchise Agreements)

2. Residential/Commercial GarbageIRecycling and Commercial Rubbish

3. Residential/Commercial Garbage/Recycling and Commercial Rubbish/Recycling

4. Residential/Commercial Garbage/Recycling, Commercial RubbishIRecycling Construction and Demolition Rubbish (All Known Waste Streams).

Length of New Franchise Current Agreement was for 10 years with 2 (ea) I O-year options of the franchisee. A IO-year term allows the vendor to budget over multiple years and to easily gain financing to invest in new capital equipment/facilities. Current franchises in Reno and Washoe County began as 15- year terms with additional options. (Reno to Expire in 2019, Washoe County to Expire in 2020 if all options are exercised)

Reauest for Direction from Council: For what length of time would the Council like the new franchise agreement to cover?

Franchise Fee Rate The Franchise Fee Rate is currently at 5% of gross revenues for non-recycled material hauled from the City of Sparks by Waste Management. Unlike other franchises, the rate for solid waste is not capped by NRS or any other law. Other NV Franchise Fee Rates vary as follows: - City of Las Vegas - 5% - City of Reno - 8% (plus transfer station tonnage rate) - City of Sparks - 5% - Washoe County - 5% - Incline Village - 15% Assuming current gross revenues remained constant, each additional 1% added to the franchise fee would equal roughly $120,00O/year in revenue to the City. The effect of any franchise fee change on residential customers would be as follows (assuming current collection

Page 1 1 of 20

ie Regular Meeting of the Sparks City Council for February 12,2007

fee schedule): - 5% Franchise Fee = $13.74/Month (Franchise Fee = $.4 1) - 6% Franchise Fee = $13.83/Month (Franchise Fee = $SO) - 7% Franchise Fee = $13.91/Month (Franchise Fee = $ .58 ) - 8% Franchise Fee = $1 3.99/Month (Franchise Fee = $.66)

Reauest for Direction from Council: Is the City Council interested in raising the franchise fee rate in the new franchise agreement or for providing for potential increases during the life of the agreement?

Capturing "Franchise Fee" Revenue Commercial hauling of material other than "Garbage" has segmented the franchise while reducing potential franchise revenue to the City of Sparks. Imposition of the franchise fee on the franchisee while not addressing other haulers creates an un-level playing field for competition. It is possible for the City to correct this issue via the imposition of a business license fee specific to this segment of business. Further action would require the drafting of a Business Impact Statement (Per NRS) prior to imposing such a fee.

Reauest for Direction from Council: Should staff go forward with completing the steps to capture additional revenue from businesses that are hauling waste material outside of the existing (or future) franchise agreement?

Conclusion Suggested Motion: "I move to authorize City staff to move forward in the manner as directed by Council to secure a new franchise agreement for the collection and disposal of specified solid waste from the City of Sparks."

After the presentation, Mr. Marran and Senior Assistant City Attorney Shirle Eiting answered questions from Council. Council asked if the current pending legislation would affect any franchise agreement we might make. Mr. Marran said it is certainly possible; however, he did not feel that this decision should be delayed until the court makes a decision, which could be a year or two away. Ms. Eiting said the current litigation is centered around the old franchise agreement.

Mayor Martini opened this item up for comments from the public and the following people spoke: Mr. Michael Springer, Esq., 9628 Prototype Court, Reno, on behalf of Castaway; and Mr. Frank Cassas on behalf of Waste Management. Mr. Springer maintained that open markets promote fair competition and would still provide

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the same amount of franchise fees to the City. Mr. Cassas encouraged the Council to negotiate an exclusive franchise agreement with Waste Management and he said that such agreements were legal and a matter of business in many communities.

Mr. Marran stated the NRS identifies specific services, including this one, in which a municipality can limit competition for the benefit of its citizens and the limit of competition occurs with the development of a franchise; however, the NRS and Municipal Codes are silent on how a franchisee should be selected. There is no requirement for a formal bid or solicitation process, given that no public funds are spent in the course of the agreement. Therefore the selection process is truly a policy decision of the Council. He said that the concept of competitively bidding this service has a potential for positive change; however, this is countered by the significant logistical challenge of changing providers if this were to take place. It is unknown if any potential benefits would outweigh those challenges.

Mr. Marran asked the Council for direction on how they wanted staff to go forward: by looking at an exclusive negotiation or a bidding process. Council Member Carrigan asked if both companies were interested in the residential or if one was only interested in the commercial. Mr. Marran said his understanding was that Castaway was not interested in the residential hauling. Mr. Carrigan then suggested that we break this out and negotiate with the one company that wants to do residential and then let the commercial float. Mr. Marran said this is a possibility, but in all fairness there are other haulers out in the market place that may be interested in residential hauling, but we won't know that until we put a notice out that we are interested in bidding.

Council Member Carrigan asked who owns the landfill. Mr. Marran responded that Waste Management owns the landfill. Mr. Carrigan asked if they could deny a hauler access to the landfill. Mr. Marran said that they could charge a premium, but he wasn't sure they could legally say no. A representative from Waste Management in the audience said that yes, they could deny a hauler access to the landfill if they chose. Mr. Carrigan then asked where the next nearest landfill was located. The response was that there was one in Fallon.

Council Member Smith asked Castaway if they currently took their waste to Fallon. The response was some of it was taken to Fallon. He then asked if they were currently doing commercial hauling in Sparks, but they were not paying any franchise fees.

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e Regular Meeting of the Sparks City Council for February 12, 2007

The response was that yes they were, but they did not pay franchise fees in Sparks.

Council Member Schmitt asked when the current contract with Waste Management will actually expire. Mr. Marran responded June 30Ih of this year. Mr. Schmitt asked if there were any provisions for a month to month continuation of service. Mr. Marran responded that we do not have those provisions, but the presumption is that we could go month to month.

Council Member Schmitt asked how many different segments of franchising for trash or rubbish hauling was there a possibility of doing. Mr. Marran said he did not know for sure, but with regard to other local agencies, the current agreements in Reno and Washoe County is for the hauling of garbage only; the definition in the agreements is across all categories, both residential and commercial, but the rest of the business falls into an open market. He said we could segment the business by any number of means where it can be classified by business type or type of waste, but this was up to the Council and staff would take direction from Council and then negotiate the market place.

Council Member Schmitt then asked how far away the case was from being heard in the Supreme Court. The response was that legal staff was not aware of what the briefing schedule was for the lawsuit regarding hauling of rubbish. Mr. Schmitt said he was uncomfortable making a decision regarding a franchise agreement while we are in court. He said he felt it was viable to break the work down into categories and have franchises for different segments of hauling, but not with a lawsuit pending. Ms. Eiting noted that while Sparks joined in the lawsuit, but we did not file a brief. Acting City Attorney Riley said his recollection is that we are in the lawsuit in name only and that the real parties of interest were Castaway and Waste Management. Ms. Eiting also noted that we need to continue to do business and take care of the citizens and have their garbage hauling needs addressed and if the court were to rule differently, we could come back and amend the franchise agreement, but we need to move forward with a new franchise at this point. Mr. Riley noted that we could always put alternative clauses in the franchise agreement when it is drafted to control the parties' rights, depending on which way the court ruled.

Council Member Smith asked for clarification that Waste Management pays franchise fees for residential and if it was a different fee depending on the type of refuse. Mr. Marran said they pay franchise fees for all types of refuse that they collect and

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the fee is 5% of gross revenues of material collected in the City of Sparks.

Council Member Carrigan said he felt a good solution would be to limit the franchise to the collection of household garbage and allow for market competition in the non-franchised segments, as long as we put a 5% fee (whatever we call it) on the collection in Sparks, so everyone is on an equal playing field. Mr. Marran asked if the Council wanted to re-negotiate with the current franchisee for residential service. Mr. Carrigan said he would prefer to negotiate with Waste Management for household garbage and limit the scope of that new agreement and let the market competition prevail in the non-franchised segment, as long as we get our 5%. Council Member Mayer said he agreed with Mr. Carrigan.

Council Member Schmitt said it was his understanding that he who controls the landfill controls the market because it is not economically feasible if they have to ship it somewhere else. He said he did not have a problem with working with the same franchisee, but he asked if we were getting any interest from other parties wanting to collect our trash. Mr. Marran said that he has received calls saying that competition is good, and he pointed out that a new carrier might be a buck or two lower in monthly fees, but the collection schedule would change, the trash cans would have to be replaced, and we would be dealing with an unknown commodity.

Mr. Marran said that answered his question regarding whether we wanted to bid for a new franchisee; however, he still needed to know what the scope of the new franchise should be and whether we want to attach more than household garbage to the terms and beyond that, residential collection of recycled materials. He asked if the Council wanted to do what Reno and Washoe County have done and look at garbage as an entity unto itself and say that the franchise is for garbage all together, or allow for competition of garbage at the commercial level. He noted that if we go for one contractor, then the management and revenue predictions would be easier, however, he is all for competition.

There was a lengthy discussion regarding the lawsuit and how it could affect a new franchise agreement and the scope of that agreement. Mr. Marran noted that the current agreement caps the residential fees, tied to a CPI index and that the City of Reno and Washoe County franchise agreements are for the hauling of garbage only and all the commercial market is off to the wayside and they are not collecting franchise fee revenue from the

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e Regular Meeting of the Sparks City Council for February 12: 2007

commercial market. A discussion ensued regarding whether or not Sparks wanted to franchise the commercial market after putting it out to bid.

Council Member Carrigan said he would like to tie down the residential and then deal with the commercial after we find out what the ruling is from the Supreme Court. Council Member Smith said he agreed with Mr. Carrigan, but he was concerned that if everyone was allowed to pick up commercial, is it legal for Waste Management to charge what they wanted or would they have to take their garbage to Fallon. The response from Mike Genera of Waste Management was that it would be an open market and this would definitely increase the fees.

Mr. Marran asked the Council for direction regarding the length of the franchise and provided some background on past agreements and agreements with other entities. Council Member Salerno said he liked the 10-year agreement with two 10-year options for renewal.

Mr. Marran then asked the Council for direction regarding the franchise fee rate. He said the current fee is 5% of gross revenues and his research showed that there is no legal cap on the franchise fee rate. He said City of Sparks matches Las Vegas and Washoe County at 5%; Incline Village is the highest at 15%; and Reno currently charges 8% franchise on, collected gross receipts, but then they also have a host community fee tied into their contract. That is, since they host the transfer station down on Commercial Row, they charge a per ton fee for every piece of trash that goes through there.

Council Member Carrigan said he would like to keep the 5% franchise fee in place in the agreement, but leave it up to the City Council to see if they wished to take a look at that fee year by year.

Mr. Marran said the last item he needed direction on was capturing the franchise fee revenue. He said the Council has talked about having multiple franchises for the commercial side, and the other option would be to assess a business license fee that is equal to the franchise fee rate. He said we currently identify certain classifications of industry that are assessed a higher business license fee rate than others and this would be an added classification. He said if we did assess a special business license fee rate, we would have to do more study and get more comment from the industry, including everyone that hauls trash or waste products and then come back to the Council with an amendment to

Page 1 6 of 20


the Municipal Code and a business impact statement, as required by law. He asked if the Council was interested in going through this process to collect those fees.

Council Member Carrigan said he would like to see the fee assessed equally among the businesses. He said this is a "pass through fee" because the consumer pays it, not the company. He said if the residents are paying 5%, then the businesses should also pay 5%.

Council Member Schmitt wanted clarification that Mr. Marran wanted to establish it where everyone is paying a franchise fee. Mr. Marran said at least a fee equal to the franchise fee; the exception being that the franchise holder would be exempt from that higher fee, so they wouldn't be paying it twice, but if there is a non-franchised hauler operating in the area and taking away rubbish or solid waste products and that is their primary area of business, then their business license fee would be equal to the franchise fee set at the time.

Council Member Schmitt said his biggest concern is the fluxuation in the numbers and there needs to be more a consistent method of collecting franchise fees. He also said we also need to audit more frequently so that we get the fees due to us. Mr. Marran said the right to audit is built into the franchise agreement, but he wasn't sure how thorough those audits have been in the past.

Council Member Carrigan said the renting of the toters was a surprise to him and he asked staff to take a look at buying them.

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to authorize City staff to move forward in the manner as directed by Council to secure a new franchise agreement for the collection and disposal of specified solid waste from the City of Sparks. Council Members Mayer, Salemo, Smith, Carrigan, Schmitt, YES. Motion carried.

6.5 - Time: 5:22:26 p.m. PCN06013, Sierra View An agenda item from Associate Planner Summer Pellett requesting Town Homes, Final the City Council approve PCN06013, a request from Sierra View approval of a Planned Investments, LLC, for Final Approval of a Planned Development Development Handbook Handbook (Sierra View Town Homes) to allow a 45 lot town

home development on a site approximately 30 acres in size generally located south of Desert Highlands Drive, north and west of Los Altos Parkway, and east of Vista Boulevard. Ms. Pellet noted that there were very few questions asked during the tentative approval of this development, one being about the left

Page 1 7 of 20


6.6 - i s ' Reading of Bill No. 2538, Amending Chapter 2.27 to Allow the City Council to hire Special Legal Counsel

6.7 - IS' Reading of Bill No. 2539, Adopting a Right- of- Way Agreement between the City of Sparks and Nevada Bell Telephone Company, dba AT&T Nevada

hand turn pocket into the development. She said the Planning Commission had no comments for this project during final I

approval.

A motion was made by Council Member Carrigan, seconded by Council Member Salerno, to approve the Planned Development Handbook request associated with PCN06013, as the final draft is in substantial compliance with the City Council's action on the Tentative Approval of the Sierra View Town Homes Planned Development Handbook and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Council Member Smith, ABSENT. Motion carried.

Time: 5:24:13 p.m. Deputy City Clerk Lenda Ulrich read Bill No. 2538 by title, an ordinance amending Chapter 2.27 of the Sparks Municipal Code to allow the City Council to hire special legal counsel; and providing other matters properly related thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of February 26,2007.

Time: 5:24:45 p.m. Deputy City Clerk Lenda Ulrich read Bill No. 2539 by title, an ordinance adopting a Rights-of-way Agreement between the City of Sparks and Nevada Bell Telephone Company dba AT&T Nevada; and providing for other matters properly related thereto.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of February 26,2007.


7.1 - Time: 5:25:21 p.m. Abandonment of a An agenda item from Real Property Agent David Vill requesting Portion of the Alley at the City Council approve two strip abandonments for Lots 3 ,4 and 2026 "1" Street 5 of Block 48 Amended Newtown Plat No. 185 further identified

as 2026 "I" Street (APN: 03 1 - 1 84-08).

Mr. Vill displayed a map of the proposed abandonment, stating that the first strip abandonment is a 6-112 foot wide alley strip the length of the three lots and the second strip is an 8 foot strip south of the property. He said the City would retain a 2 foot easement behind the proposed front abandonment area and the curb, gutter

Page 18 of 20


and sidewalk will remain in place. Mr. Vill noted that the Council recently approved the rezoning of this property from R2 to R3, increasing the density per unit and it is his understanding that the owner will be constructing a multi-family development on the property. He said the abandonment will benefit the City in returning property that is not necessary for our operations to the tax roles.

Council Member Salerno said that the abandonment is just unused property because there is no existing alley. City Surveyor Andy Fuller displayed an aerial map of the property and noted that in 1904, when the original subdivision map was recorded, there was a 10 foot easement or alley dedicated to the City and it was the intent at that time that when the adjacent property to the north was developed, that the other half of the alley, or 10 feet, would be dedicated. This never happened and when the associated development to the north came into play in the 40's and 5OYs, the 10 foot dedication was forgotten about; the alley was never constructed; and the adjacent property owners simply developed over the dedicated easement. Mr. Salerno commented that this happened a lot in the older parts of Sparks and the easement basically exists on paper only.

Council Member Mayer asked if there were any existing utilities located in the area to be abandoned and why weren't we abandoning the entire strip through all the properties, from street to street. Mr. Vill stated that staff will be presenting a discussion for the Council so that these abandonments can be done on a larger scale, however, if we go forward and mandate large scale abandonments, there will be property owners complaining that they can't afford any more property taxes, etc.

Mr. Fuller said that part of the problem with abandoning the entire 10 foot strip of dedicated alley way is the bona fide rights of the adjacent property owners. A lot of them are not aware that they are actually trespassing on City property because the trespass has been going on for over 100 years. He said that when people have lived there for years and all of a sudden the City comes in and does an abandonment that affects their property; and the Assessor comes in and does a reassessment and adjusts their taxes; they can't plan accordingly in order to pay those additional taxes. He said there has never been a clear policy on how to handle these abandonments and that is why staff has been dealing with this on a case by case basis.

Page 19 of 20


Mayor Martini opened the public hearing by asking if there was any one present who wished to speak on this matter. There being

e no comment, the public hearing was closed. 1 A motion was made by Council Member Carrigan, seconded by Council Member Salerno, to approve the abandonments as outlined by staff and as more particularly described in Exhibit "A", attached. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

8. Planning and Zoning Public Hearings and Action Items: I

9. - Comments from the Council and City

Time: 5:36:36 p.m. Council Member Carrigan thanked all the staff that got the traffic light at Vista and Wingfield up and running.

Manager Council Member Smith commended the Sparks Police Department for their handling of the K-Mart shooting.

10. Adjournment


Mayor

City Clerk >>>

Page 20 of 20

REGULAR MEETING OF THE SPARKS CITY COUNCIL January 22,2007 3:00 p.m.



2. - Roll Call

Time: 302:36 p.m. Mayor Geno Martini, Acting City Clerk Helen Elliott, Council Members Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey, Acting City Attorney Tom Riley, PRESENT. City Clerk Debi Dolan, Council Members John Mayer* and Phillip Salerno, City Attorney Chet Adams, ABSENT.

*Council Member Mayer was present for the vote on Item 7.1 only and was absent all other portions of the meeting.

Staff Present: Rosalba Arango, Rick Bareuther, Tom Clewell, Kathy Clewett, C@is Cobb, John Dotson, Steve Driscoll, Pete Etchart, Alexis Hill, Chere' Jigour, Rob Joiner, Robert King, Heather Manzo, Adam Mayberry, JoAnn Meacharn, Karen Melby, Tom Minton, Armando Ornelas, Linda Patterson, Jim Rundle, Wayne Seidel, Stan Sherer, Andy Simpson, Chris Syverson, Victor Villarreal and Carrie Brooks.

Invocation and Pledge of Time: 3:02:57 p.m. Allegiance The invocation was given by Pastor Barb West of Sparks First

Church of the Nazarene and the Pledge of Allegiance was led by Council Member Ron Schmitt.

Comments from the Time: 3:04:45 p.m. Public Mr. Andrew Barbano of the Reno-Sparks NAACP (747-0544)

spoke in support of establishing a diversity commission; however, he said, Mr. Lonnie Feemster of the NAACP had some concerns regarding the budget, goals, action plan and the members of the proposed commission. He requested that the City Manger meet with Mr. Feemster regarding the commission and asked that the NAACP be kept informed of the progress of the commission.


A motion was made by Council Member Smith, seconded by

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Minutes of the Regular Meeting of the Sparks City Council for January 22,2007

3. - Approval

Council Member Schmitt, to approve the agenda as posted. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

* I

Time: 3:09:33 p.m. ofthe Minutes A motion was made by Council Member Schmitt, seconded by

Council Member Carrigan, to approve the minutes of the Regular Meeting of January 8, 2007. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.


4.1 Time: 3: 10:O 1 p.m. Fire Prevention Public Fire Marshall Robert King gave a brief overview of the new Fire Safety Program campaign for the Fire Prevention Public Fire Safety Program Presentation "Operation Get Out Safe" and introduced Special Project Intern

Sonny Vogel, who will be managing the campaign. Ms. Vogel is a Senior at UNR, majoring in journalism and communications.

4.2 Time: 3:19:51 p.m. Presentation on Traffic- Transportation Manager Jon Ericson introduced Traffic Services Calming Guidelines Coordinator John Dorny, who gave a power point presentation

regarding the new guidelines for traffic calming devices.

5. Consent Items:

Council Member Carrigan commented that this was a great program; however, he felt that 25 months from start to finish was too long for installation of a traffic calming device. Council Member Schmitt agreed with Mr. Carrigan and also said that he felt it discriminated against renters because only property owner signatures were acceptable on the petitions. Mayor Martini commented that these guidelines are needed; however, he felt that if people would just follow the posted speed limits, a lot of traffic calming devices would not be necessary.

Time: 3:38:09 p.m. Items 5.2, 5.3 and 5.5 were pulled for separate discussion and vote.

A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Consent Items 5.1, 5.4 and 5.6 through 5.8. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

5.1 - An agenda item from Assistant Finance Director Joyce Farley Report of Claims and recommending approval of the Report of Claims and Bills paid

Page 2 of 20


e Bills and Appropriation and the Appropriation Transfers made since the last regular Transfers Council Meeting for the period covering December 21, 2006

through January 3,2007.

5.2 Approval of the New Classification of Redevelopment Project Manager

5.3 - Approval of the Creation of the Title of Redevelopment Project Manager in the Management Professional and Technical Resolution

Time: 3:39:06 p.m. An agenda item from Assistant City Manager Steve Driscoll and Assistant City Manager Randy Mellinger recommending the City Council approve a new classification of Redevelopment Project Manager. The Redevelopment Project Manager position has been approved as a new position for the 2007 fiscal year budget, reporting to the Redevelopment Manager. This is a position that has not previously had a classification established. Staff is requesting that the Council approve the proposed classification and establish the position within the mid-management resolution.

Council Member Schmitt asked for an overview of this item. Redevelopment Manager Arrnando Ornelas noted that this position was provided for in the budget for the current fiscal year but it had not yet been brought to Council for inclusion in the employee complement. He said this position would report to the Redevelopment Manager and the intent is to have this person assist with the Town Center Redevelopment activities and to tackle some of the projects that have been set to the side in the Oddie Boulevard corridor and southeast industrial area due to lack of staffing.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve Consent Items 5.2 and 5.3. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

Time: 3:39:06 p.m. An agenda item from Assistant City Manager Steve Driscoll and Assistant City Manager Randy Mellinger recommending the City Council approve the creation of the title of Redevelopment Project Manager and add the title to the Management, Professional and Technical Resolution By adding the new classification there is no change in language to the current Agreement, but required changes to "Appendix A - Management Job Class and Salary Wage Ranges". An updated Appendix A is attached to the staff report. The changes to the appendix are as follows: Redevelopment Project Manager, 207.5 - 238.5, $70,656 - $95,773.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve Consent Items 5.2 and 5.3. Council Members Smith, Carrigan, Schmitt, YES. Council

Page 3 of 20


Members Mayer, Salerno, ABSENT. Motion carried.

5.4 An agenda item from Public Works Director Wayne Seidel Bid Award for Sodium recommending the City Council award to Sierra Chemical the bid Hydroxide at TMWRF (No. 06107-032) to supply the Truckee Meadows Water

Reclamation Facility with Sodium Hydroxide at a cost of $471.96 per ton for an estimated annual amount of $98,167.68. TMWRF staff has been using sodium hydroxide on a monthly basis to kill and control the snail population in the nitrification tower. However, it has been determined that this needs to be done on a weekly basis. Funds were not budgeted for this expense; however, a new line item was created within the services and supplies group. There is a surplus of funds in that group from the new bio-solids contract. This is a two-year contract from February 1, 2007 through February 2, 2009, with an option to extend for an additional year.

5.5 - Time: 3:4 1 : 15 p.m. Bid Award for City An agenda item from Public Works Director Wayne Seidel Council Office Remodel recommending the City Council award to Farr Construction the Project bid (No. 06107-034) for the City Council Offices Project in the

amount of $49,845. Currently the City Council has a small office within the City Manager's area. It has become evident that more space is needed for City Council Officials. When Public Works moved out of City Hall, space was freed up downstairs in the old Public Works Conference Room. This space is ideal for five offices and would allow better security for City Council officials. There was a minor informality in the bid offered by Farr Construction: the non-collusion affidavit was submitted, but not notarized. The Purchasing Division has determined that the intent of the bidder was clear and that the information provided on the form is independently verifiable. Therefore, the issue of notarization of the form can be waived as "an informality", given that the error does not affect the materiality or cost of the work being bid. Funds are available for this project in account E511- CPPW 1405.

Council Member Smith said that he felt that the Council did need their own offices; however, he felt that the cost was too much and since we are planning a new City Hall within the next five years, he felt they could get by with finding available conference rooms for a few more years.

Capital Projects Manager Chris Cobb noted that this project was approved by the Council as a CIP project for this year and the budget was $55,000; of which $5,000 has already been spent on

Page 4 of 20

Minutes of the Regular Meeting of the Sparks City Council for January 22, 2007

design. He said the bid came in within budget. Mr. Cobb said that when this project was first considered, it was hard to determine an area within City Hall that would allow for offices that were private in nature and that would help prevent any appearance of violating the open meeting laws. He said when public works vacated City Hall, it opened up an area downstairs that could be turned into offices. Unfortunately the cost is about $50,000, which includes upgrading the fire sprinkler system, change some mechanical units out so that they properly heat and ventilate that area, and upgrade the electrical in that area.

Council Member Carrigan said that he remembered that three years ago some citizens complained that all the Council shared a room and the possible violation of the open meeting laws because they were all in the same room. He said when this came up on the CIP, he felt that $50,000 was a reasonable price; however, after reading the newspaper article today, he received several e-mails and a phone call asking why he was wasting tax payer money. He said that because of the conflicting complaints, he had no preference as to which way this issue was resolved.

Council Member Schmitt said that while he understood that $50,000 is a lot of money, he felt that an ounce of prevention is worth a pound of cure and in light of the last 90 days and the press that the City has received regarding open meeting law violation issues, he said we should consider the legal point that this item has now been identified and budgeted for, and if it is now denied by the Council, he felt we would have a much bigger liability, because the problem has been identified, but the Council failed to follow through on a solution. He pointed out that we are looking at four to five years before a new City Hall becomes a reality and we expose ourselves to a violation of the open meeting laws every day that the Council shares a single office. He urged the Council to put some money into an "ounce of prevention" instead of waiting and putting ourselves at risk.

Mayor Martini said this was an important item and noted that two council members were absent. He asked if this item could be continued to the next meeting. Mr. Cobb said that there would be no problem with postponing this item.

Council Member Schmitt asked for a legal opinion from the Acting City Attorney. Attorney Riley said that generally the result of an open meeting violation is to make any votes null and void and the possibility of civil action by the Attorney General's office. He said he felt it would be very prudent, from a legal standpoint,

Page 5 of 20


to have separate offices, because all the Council had to do was have a quorum present in the same room and an allegation could be made that they were deliberating toward some sort of decision and violating the open meeting laws. He said he would advise that the Council proceed with creating separate offices.

Council Member Smith said that after hearing the justification from the other Council Members, he agreed that they did need to have privacy, and he would support the remodel for Council Offices. He said he did not feel they needed to wait until all the Council Members were present to vote on this item.

A motion was made by Council Member Smith, seconded by Council Member Schrnitt, to approve Consent Item 5.5. Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

5.6 - An agenda item from Public Works Director Wayne Seidel Approval of Professional recommending the City Council approve a Professional Services Services Contract with Agreement (A-3387) with Stantec Consulting, Inc., in the amount Stantec Consulting for the of $73,600 for the Pah Rah Park to Springland Drive Drainage Pah Rah Park to Analysis. The drainage channel that flows through Pah Rah Park Springland Drive was damaged during a flash flood in June of 2005. Temporary Drainage Analysis repairs to the channel were made after the event to convey minor

flows through the park; however, it was realized that a more permanent solution would require a through hydrologic and hydraulic analysis and design. The proposed contract will evaluate the hydrologic conditions of the Pah Rah watershed and hydraulic conditions of the Pah Rah Park channel, the Eastland Hills Park channel and Springland Drive. The study will also provide an engineering design to safely convey the 100-year flows through the park to Shadow Lane and analyze the capacity of the street and evaluate alternatives to apply traffic calming without impacting the hydraulic capacity of the street. Funds are available for this project in account N2 1 1 CP1602.

5.7 An agenda item from Public Works Director Wayne Seidel Agreement for Sale of recommending the City Council approve an Agreement for Sale of Treated Effluent with Treated Effluent with Lennar Reno, LLC for roadway landscape Lennar Reno, within the irrigation within the Eagle Canyon Estates Association Eagle Canyon Estates development area. As part of Phase 5 of the Spanish Springs Association Development effluent extension project, the City of Sparks7 effluent pipeline Area was extended adjacent to the Eagle Canyon Estates Association

development area. Irrigation will be drip and spray and will be on a night-time schedule. Revenues to the Sewer Utility fund are estimated to be $13,94 1.1 5 per year. The agreement specifies a 20

Page 6 of 20


year period that is revisited every five years to determine appropriate water rates.

5.8 - An agenda item from Police Chief John Dotson recommending the Cabaret License for the City Council approve an application from Mr. Lucas Anthony Roadhouse Saloon, 1923 Crain, 71 2 Hill Crest Road, Carson City, NV, for a Cabaret Prater Way License for Crain Enterprises, Inc., doing business as (dba) the

Road House Saloon located at 1923 Prater Way. This will be Mr. Crain7s first liquor license with Sparks. The license will provide a $1,000.00 annual fee, plus $1 .OO per $1,000.00 over $50,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

6. General Business: City Manager Shaun Carey noted that agenda item 7.1 needed a four/fifths vote of the Council to pass. He said that Council Member John Mayer was at home, ill, today, but he had studied the staff report on the item and would be able to vote by phone.

I A motion was made by Council Member Schrnitt, seconded by Council Member Carrigan, to

I move Item 7.1 up on the agenda, to be heard as soon as the phone line was activated by the technical staff. Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

It was agreed that Government Affairs Manager Rob Joiner would proceed with his presentation under Item 6.1, but that he would be interrupted as soon as Council Member Mayer was on the phone.

6.1 - Time: 3:53:28 p.m. Local Legislative Affairs Government Affairs Manager Rob Joiner provided an overview of Issues Federal, State Nevada League of Cities and Local Legislative

affairs. His presentation was recessed at 3:57 to allow Item 7.1 to be heard and was resumed at 4:05:27.

Mr. Joiner noted that staff attended an orientation session at the Legislative Counsel Bureau and they have done in-house training with Department Heads and staff on our Legis-Point system, which the Council can access via our intranet. He encouraged the Council to take advantage of this system because they can review the bill drafts and the preliminary session bills and, as staff provides input, they will be able to review those comments.

He said the City's Legislative Reception will be held on February 1 4 ~ ~ from 5:00 to 7:00 p.m. in Carson City at the Carson City Nugget. He said they have invited certain Departments to present major projects, both current and proposed in the City, as well as

Page 7 of 20

e Regular Meeting of the Sparks City Council for January 22,2007

those that are first in our legislative platform. He said our lobbyist will also be present to meet with some of the newer members of the Legislature that we don't know real well.

He reported that the Governor, when he was a Congressman, supported the Truckee River Flood Management Control project, and we are hoping that, as Governor, he places this in his budget. Mr. Joiner said it is his understanding that it will be in his budget.

He said that Senator Amodei gave a presentation to the Council last Monday and he mentioned that the draft BDR for the SCR-26 Sub-committee on the Washoe County Water Consolidation Feasibility Study would be presented. He said the Council has received this BDR and everyone is now reviewing the BDR. He noted that they have received an extension to the review period and so we have about three weeks, instead of two. He said staff does have some issues that we may be responding back to the Committee and the Senator on.

He said the Nevada Urban Consortium met in Henderson last Thursday and we continue to follow legislative items, especially those regarding the funding of City governments in the State legislature.

On the nuclear waste rail transportation issue, we have not received an official letter back in response to the Council's consolidated letter of December 5, 2006; however, we have spoken to Governor Gibbons and his office is working on this issue. He said we also know that there are other spokesmen in Washington, D.C. are pushing for us to have our own meetings here in Sparks with regard to our concerns regarding rail transport of nuclear waste through our City.

He said, with regard to our Federal appropriations request, the Mayor and City Manager are going to D.C. soon and are taking our requests for FY 08 and staff has also met with the State directors and they are aware of our requests. He said the last Congress did not act on any of the appropriations for FY 07; however, that does not stop us from asking for 08.

He noted that staff is setting up meetings for the Council with our delegation for meetings in D.C. when they attend the Annual League of Cities Conference in March. He said that Longford, Ireland will also be in the U.S. that week, leading up to St. Patrick's Day, when they will be in New York, which is their other sister city. They wanted to come out and visit, but the days they

Page 8 of 20


have available to visit us in Sparks are the same days that most of the Council will be in Washington, D.C.

6.2 Time: 4:09:49 p.m. Resolution No. 3052 An agenda item from Human Resources Manager Chris Syverson Establishing the City of requesting the City Council approve Resolution No. 3052, a Sparks Diversity resolution establishing the City of Sparks Diversity Commission. Commission In September, 2006, the City Council approved an outline of a

Diversity Platform, including the establishment of a Task Force to assist in the development and implementation of a City Diversity Plan. In order to facilitate this effort, per the "Rules of Procedure for Sparks City Council Meetings", Section 7, the Council must pass a Resolution to establish such a commission.

Ms. Syverson thanked Mr. Barbanos for his endorsement of the establishment of this commission and Council Member Mayer for his participation with the MAC Committee. She also welcomed Council Member Schmitt as the new liaison on this committee.

She explained that her intent was to bring the committee members together to develop a formal diversity plan for the City. She noted that both Reno and Washoe County had formal plans, but she wanted to do more research on what is actually working in the community. She said the $5,000 that is in the budget for the Committee for this fiscal year will provide some initial training, but she was not sure what the needs of the committee would actually be.

Ms. Syverson said there were a couple of options with regard to the membership of the committee. Option 1 would be for each Council Member to have an appointee to the commission (5) and one Mayor appointee, one City Manager appointee, the chairman of the internal MAC committee and one at large employee for a total of nine members.

Option 2 would be to solicit members of the community to come forward to be members on this commission; however she would still like to have some employee involvement as well.

Option 3 would be to build off the resources that the internal MAC has made by reaching out into the community, visiting lots of groups and making lots of contacts that may be a source of membership on the commission.

Page 9 of 20

e Regular Meeting of the Sparks City Council for January 22, 2007

Council Member Schrnitt asked what the MAC Committee is recommending for the make up of the membership and how does this fit into the goal of increasing citizen involvement. Ms. I

~ Syverson responded that when MAC was initially established it

I

was to look at multi-cultural issues within the City and within our I

I

employee population; but the goals grew and developed an outreach element as well. Council Member Schmitt said his preference would be for the MAC Committee and the Citizen Involvement Committee to get together and bring a recommendation to the Council. Council Member Carrigan said that if this was a motion, he would second it. Council Member Schmitt said he would make this a motion.

Ms. Syverson asked for clarification of the motion, stating when he says the two groups, he is opening up the meeting to committee members who would want to meet with our MAC group and have them come forward with a proposal to the Council. Council Member Schmitt said he did not know how many names were on the diversity portion of our Citizen Involvement Committee, but he thought there were three to five people who have offered to participate in dealing with diversity issues and he would like those people to get together with the MAC group and outline the goals and the membership of the committee. He said he wanted something that was going to be truly citizen born, evolved, and run.

Mayor Martini said that this was more direction to Ms. Syverson than approval of the resolution to form the committee. Council Member Schmitt re-stated his motion to include approval of the Resolution. He also noted that he received two comment cards indicating that Dolores Feemster (1 2 10 E. Tenth Street, Reno) and Alberta Rederford (1215 Par Three Drive, Reno) were in favor of establishing this committee.

A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve Resolution No. 3052, establishing the City of Sparks Diversity Commission and to ask staff to bring the MAC and Citizen Involvement Committee together to discuss the make up of the committee and how it is going to work. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

Time: 4: 18:49 p.m. lis, An agenda item from Associate Planner Chere' Jigour requesting 1 - the City Council approve PCN06047, TM060016, a request from

Paul Hollis Investments, LLC, for a Tentative Map for a 16-unit

Page 10 of 20


Condominium condominium subdivision, including common areas for a site Subdivision at the approximately 0.67 acres in size in the R4 (Multi-Family Southwest Corner of Residential) zoning district generally located at the southwest Wright Way and 5Ih corner of Wright Way and 5Ih Street. Street

Ms. Jigour displayed a map of the project site proposal and noted that the request was for a tentative map for a 16 unit condominium subdivision with common areas, with an entrance into the site off of 5Ih Street and the alley off of wright way. She said the project meets all current code requirements for architecture, parking, landscaping and setbacks. She noted the site plan illustrates two buildings, 35 feet in height, with eight units per building, four units per floor, with the floor plans being 1,000 square feet in size. She said the units are two bedroodtwo bath units.

A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve PCN06047 (TM060016), the tentative condominium subdivision map based on the findings T1 through TI2 and the facts supporting these findings as set forth in the staff report, including the Conditions of Approval 1 through 16. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salemo, ABSENT. Motion carried.


7.1 - Time: 3:59:33 p.m. Adoption of Bill No. It was noted that Council Member Mayer was now present via 2537, the 2007 Revenue speaker phone and that the Council could proceed with the Refunding Bond discussion and vote on this item. Ordinance

An agenda item from Finance Director Tom Minton requesting the City Council conduct a public hearing and adopt Bill No. 2537, an ordinance designated as the "2007 Revenue Refunding Bond Ordinance"; authorizing and directing the issuance of City of Sparks, Nevada, consolidated tax revenue refunding bonds, series 2007 secured solely by pledged revenues; providing the form, terms and conditions of the bonds, the security therefore, the sale thereof; providing for adoption as if an emergency exists; and other details in connection therewith.

Mr. Marty Johnson with J & A Consulting Group, the City's new financial advisor, noted that they brought to the City the idea of refinancing some outstanding consolidated tax revenue bonds that the City has at an interest rate of around 5%. He said they solicited bids from various financial institutions to do this on a private placement basis and he handed out a summary of the

Page 11 of 20


results of those bids. He said the best bid was from City Capital at a 4.09% to refinance the outstanding bonds. He emphasized that they are not extending the maturity of any of the bonds, but as a result of this interest rate, the City will save approximately $1.28 million over the life of the bonds. Mr. Johnson said the refunding would close around February 2 1 ''.

Mayor Martini asked for confirmation that this refunding was a normal business transaction for the City and that we were not in any financial straits. Mr. Johnson confirmed that this was just like refinancing a home mortgage because the rates are low.

City Manager Carey noted that the C-Tax Bonds that were used last spring was for a variety of purposes: to advance the design work for City Hall; make street improvements on Victorian Square; advance the Golden Eagle Park; and to make repairs to Alf Sorensen. He said the money saved by the refinancing will be invested into future facilities investments.


A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Bill No. 2537 (Ordinance No. 2357). Council Members Mayer*, Smith, Carrigan, Schmitt, YES. Council Member Salerno, ABSENT. Motion carried.

*Council Member Mayer was contacted via phone for the vote on this item, as it required a fourlfifths majority vote for approval. This was the only vote that Council Member Mayer participated in and he was absent for the rest of the meeting.

7.2 Time: 4:22:03 p.m. Adoption of Bill No. An agenda item from City Attorney Chet Adarns requesting the 2536, Amending Section City Council conduct a public hearing and adopt Bill No. 2536, an 10.48.240 to Adopt New ordinance amending Sparks Municipal Code 10.48.240 adopting Fines Regarding Parking new fines regarding parking violations in spaces designated for the Violations in handicapped in the City of Sparks; and providing other matters Handicapped Spaces properly related thereto.

Assistant City Attorney Rosalba Arango noted that this ordinance increased the penalties for parking in spaces designated for the handicapped and offered to answer any questions the Council may have. Mayor Martini noted that the Advisory Committee for the Disabled had expressed interest in the required height of the

Page 12 of 20


disabled parking signs. Ms. Arango responded that the height in the municipal code is 7 feet, in accordance with State law.


A motion was made by Council Member Schrnitt, seconded by Council Member Carrigan, to approve Bill No. 2536 (Ordinance No. 2356). Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

8. Planning, and Zoning Public Hearings and Action Items:

8.1 Adoption of Resolution No. 3054, PCNO6 100, a Master Plan Amendment to Change Land Use from Washoe County Designation to the City of Sparks Equivalent on 7,455 Acres Recently lncluded in the Sparks Sphere of Influence

Time: 4:25:09 p.m. An agenda item from Senior Planner Victor Villarreal requesting the City Council conduct a public hearing and adopt Resolution No. 3054, a resolution adopting a change of Master Plan land use designation for approximately 7,455 acres recently included into the City of Sparks Sphere of Influence from Washoe County land use assignments to City of Sparks land use assignments using the conversions agreed upon in the terms of the 2002 Regional Plan Settlement Agreement.

Mr. Villarreal displayed a map of the area affected by this Master Plan amendment to assign City of Sparks land use assignments on 7,455 acres that were included in the Sparks Sphere of Influence by the Regional Governing Board on July 27, 2006.

He explained that in the entire area there are only two Washoe County designations: General Rural, with two parcels that are Low Density Rural. He said the two parcels would change to the Sparks land use of 511 0 acres per dwelling unit.

Mr. Villarreal noted that the City, as the applicant, did conduct an input meeting for the property owners on December 5, 2006 and during that meeting, as well as through phone calls prior to the meeting, staff was able to address land owner concerns regarding this item and the Planning Commission did forward this to the Council with unanimous approval. He also noted that this change is required by State Law.

Council Member Carrigan asked for confirmation that this action is being taken as a result of the 2002 Regional Plan Settlement Agreement. Mr. Villarreal confirmed that it was the 2002 Settlement Agreement.

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8.2 PCN06 104, Reynen and Bardis, Adoption of Resolution No. 3053, a Master Plan Amendment and Tentative Handbook for the Foothills at Wingfield Springs

Mayor Martini opened the public hearing by asking if there was any one present who wished to speak on this matter. There being

e no comment, the public hearing was closed.

A recess was called at 4:29 p.m. to allow the Senior Assistant City Attorney David Creekman to check on the voting requirements for this item. The meeting was reconvened at 4:31 p.m. with Mr. Creekman noting that approval called for a 213rds majority of the Planning Commission, but only a simple majority of those Council Members present.

A motion was made by Council Member Smith, seconded by Council Member Carrigan, to approve Resolution No. 3054, certifying the Master Plan amendment associated with PCNOGIOO for approximately 7,455 acres recently included in the City of Sparks Sphere of Influence from Washoe County land use assignments to City of Sparks land use assignments using the conversions agreed upon in the terms of the 2002 Regional Plan Settlement Agreement. Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

Time: 4:32:04 p.m. An agenda item from Assistant Planner Heather Manzo requesting the City Council conduct a public hearing and approve PCN06104, a request from Reynen and Bardis for:

Resolution No. 3053, a resolution adopting a change in the Sparks Master Plan from 8.12 acres of General Commercial (GC) land use to the single family cluster designation of 10 dwelling units to the acre within the Foothills at Wingfield Springs Planned Development, generally located north and east of Hubble Drive on Vista Boulevard; and

Tentative approval of an amendment to the Planned Development Handbook to change the existing lot designation from VC (Village Commercial) to Cott (Cottage).

Ms. Manzo noted this request was to allow a change in land use designation within the Foothills at Wingfield Springs Planned Development. She said the amendment would allow for the Village Commercial Center (VC) to be removed from the handbook. She said that due to the fact that the existing master plan associated with the Foothills at Wingfield Springs was approved nearly three years ago, staff is of the opinion that

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Page 14 of 20


replacing the Village Commercial land use with the Cottage designation (10 dwelling units per acre) is a more efficient use of the land. In addition, the Pioneer Meadows Planned Development, located south of the Foothills along Vista Boulevard, will have a 25 acre parcel developed to a General Commercial land use. This parcel is more centrally located for the residents of The Foothills because they are more likely to travel south to the 1-80 and City of Sparks commercial core. Ms. Manzo noted that there is a surplus of 45 lots within the planned development of The Foothills at Wingfield Springs and because of the high density of the Cottage designation, the developer will not be exceeding his maximum densities and the traffic report provided by Solegui engineers illustrates that the Cottage designation actually decreases the projected traffic for The Foothills Planned Development.

Council Member Canigan asked for confirmation that the reason this property is being changed from commercial to residential is because they could not find a buyer for the commercial property. Ms. Manzo confirmed that this was the reason for the change.

Ms. Manzo then summarized the Planned Development findings as follows:

The Foothills actually contributes to the diversity of housing in the Planned Development with the handbook amendment as proven by PD findings 1, 4, and 8. The handbook amendment also promotes open space as outlined by PD findings 3, 9, 10, 1 1, 12, and 16. The handbook amendment also promotes the public welfare as illustrated by PD findings 2, 6, 7, 15, and 21. Public services are being addressed within this handbook amendment as outlined by PD findings 13 and 14. This handbook amendment addresses the City of Sparks zoning code master plan in Nevada Revised Statutes with PD findings 18, 19, and 20. The proposed handbook amendments provide for flexibility in development as outlined in PD findings 5 and 17.


A motion was made by Council Member Carrigan, seconded by Council Member Smith, to approve Resolution No. 3053, certifying the Planning Commission approval of a change in the Master Plan from GC (General Commercial to 10 dulac (Residential), associated with PCN06104, adopting findings MPl through MP4 and the facts supporting these findings as set forth in

Page 15 of 20


the staff report. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried. @ 1 A motion was made by Council Member Carrigan, seconded by Council Member Smith, to approve the Tentative Handbook associated with PCN06 104, adopting findings PD1 through PD2 1 and the facts supporting these findings as set forth in the staff report, as listed in the staff report. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

8.3 Time: 4:38:28 p.m. Adoption of Resolution An agenda item from Senior Planner Jim Rundle requesting the No. 3055, PCN06081, a City Council conduct a public hearing and adopt Resolution No. Master Plan Amendment 3055, a resolution adopting a change in the Sparks Master Plan to Change the Existing from Medium Density Residential (MDR) to High Density Land Use from HDR to Residential (HDR). PCN06081 is for 23 acres generally located MDR on 23 Acres west of Pyramid Way, north or Prater Wa east of 12' Street, 1, south of "H" Street to 1 oth Street, east of 10' Street and south of I

Street.

Mr. Rundle displayed a map of the area, stating this Master Plan Amendment request, initiated by the City of Sparks, is one of the first land use changes which helps the area come into compliance with the Truckee Meadows Regional Plan and the Sparks Master Plan Transit Oriented Development. He said this amendment will remove one hurdle out of the way for property owners who have come to the City asking to add units on their parcels and one of the rezonings to be heard later today is contingent upon updating the master plan to high density residential.

Mayor Martini asked if this amendment would make it easier for developers to do infill projects, which the Council has been anticipating for a long time. Mr. Rundle responded yes. He said the City had two neighborhood meetings on this request and the was a lot of interest and no one was against the amendment when they found out that it would not allow projects that they weren't seeing and that it would just allow applications for projects.


A motion was made by Council Member Schrnitt, seconded by 1 Council Member Carrigan, to approve PCN0608 1, Resolution No. I

3055, certifying the Planning Commission approval of a change in a Page I6 of 20 I


the Master Plan from Medium Density Residential (MDR) to High Density Residential, adopting findings MPl through MP4 and the facts supporting these findings as set forth in the staff report. Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salemo, ABSENT. Motion carried.

8.4 - Time: 4:42: 12 p.m. Adoption of Bill No. An agenda item from Senior Planner Jim Rundle requesting the 2533, PCN06073, David City Council conduct a public hearing and adopt PCN06073, Bill Mayer, a Rezone of 6,650 No. 2533, a general ordinance providing for the rezoning of certain Square Feet From R2 to lands owned by David Mayer from R2 (Multiple Family R4, Located at 826 "G" Residential) to R4 (Multiple Family Residential) on a parcel Street approximately 6,650 square feet in size in the City of Sparks;

located at 826 "G" Street; and providing other matters properly relating thereto.

Mr. Rundle displayed a map of the site and noted that this request was within the master plan area just approved and was to rezone the parcel from R2 to R4. He noted that this parcel was adjacent to the Greentree apartment site and the applicant would like to merge the two parcels together and the applicant will be bringing a rezoning request (that the Planning Commission approved last week) to rezone the larger parcel from R3 to R4, so that the two parcels would have the same zoning and the applicant can add units on this site.


A motion was made by Council Member Schmitt, seconded by Council Member Smith, to approve Bill No. 2533 (Ordinance No. 2353), the rezoning request associated with PCN06073 to rezone 6,650 square feet from R2 (Multiple Family Residential) to R4 (Multiple Family Residential), based on findings Z1 through 2 3 and the facts supporting these findings as set forth in the staff report. Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

8.5 - Time: 4:44:54 p.m. Adoption of Bill No. An agenda item from Assistant Planner Andy Simpson requesting 2534, PCN06103, the City Council conduct a public hearing and adopt PCN06103, Sanchez, a Rezone of Bill No. 2534, a general ordinance providing for the rezoning of 0.21 Acres From R2 to certain lands owned by Gonzalo G. Sanchez from R2 (Multiple R3, Located at 1533 "H" Family Residential) to R3 (Multiple Family Residential) on a street parcel approximately 0.21 acres in size in the City of Sparks;

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8.6 - Adoption of Bill No. 2535, Amending Chapter 20 by Adding a New Chapter to Establish a Transit Oriented Development (TOD) Corridor Overlay District (CA-6-06)

located at 1533 "H" Street; and providing other matters properly relating thereto.

Mr. Simpson displayed a map of the site and noted the subject property was currently zoned R3 (3,000 square feet minimum area per dwelling unit) and the applicant is proposing to rezone the property to R3 (2,200 square feet minimum area per dwelling). He said the City of Sparks Master Plan land use designation for this parcel is MDR (Medium Density Residential), which is the equivalent zoning designation of R3.


A motion was made by Council Member Smith, seconded by Council Member Carrigan, to approve Bill No. 2534 (Ordinance No. 2354), the rezoning request associated with PCN06103, request to change the existing zoning from R2 (Multiple Family Residential) to R3 (Multiple Family Residential), adopting findings Z1 through 23 and the facts supporting these findings as set forth in the staff report. Council Members Smith, Carrigan, Schrnitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

Time: 4:47:02 p.m. An agenda item from Senior Planner Jim Rundle requesting the City Council conduct a public hearing and adopt CA-6-06, Bill No. 2535, an ordinance amending Chapter 20 of the Sparks Municipal Code by adding a new chapter to establish Transit Oriented Development Corridor Overlay Districts.

Mr. Rundle stated that in 2002 the City of Sparks adopted a Transit Oriented Development (TOD) Corridor Plan in the Master Plan to encourage transit oriented development within walking distance of the existing and future transit corridors. He said that since the TOD plan was approved, a number of projects have come in, including our redevelopment areas and other areas along Prater; however there were no standards to address those projects with regard to parking standards, setbacks, etc.

Mr. Rundle stated that the efforts staff had put into these policies include regulations that would take care of the issues that were encountered in those projects. He said this ordinance represents the second, to one of the final steps, for implementing a TOD overlay in this area and if this is approved, the City will be doing a

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City initiated rezoning of all the areas within the TOD to establish an overlay. He said this means that if there is a C2 zoned parcel within that area and the Council approved the rezoning, the parcel would then be zoned C2TOD. He noted that the interim regulations are not intended to be comprehensive and they can be upgraded. He stated a joint meeting will be scheduled with the Planning Commission where staff will be discussing the final TOD standards. He said that as staff discovers problems, they can be addressed through the final standards.

He said that these standards include incentives for developers to build commercial projects to higher floor area ratios, including less parking required and less landscaping. It also allows developers to have more units in residential developments, which would ultimately help our transit system, as long as they do things like providing bigger sidewalks.

Mayor Martini asked for confirmation that by adopting these standards, we are not lowering the bar on the types of development. Mr. Rundle stated we were actually raising the bar, because this just makes it easier to do very attractive projects and does not lower the current standards. He said it provides ways to include things like fountains and park benches to be counted as landscaping.

Council Member Schmitt asked if this ordinance is adopted tonight and someone already has an application in the system, would they have the option of using the TOD standards, if it benefits their project. Mr. Rundle said that if someone has already submitted a project, they could follow the old standards; however if they wanted to follow the new standards, they probably could. Acting City Attorney Riley said he did not know, as he was not an expert in planning and zoning, but he would check and get back to Mr. Rundle on this.


A motion was made by Council Member Smith, seconded by Council Member Schmitt, to approve Bill No. 2535 (Ordinance No. 2355), the code amendment to Title 20 of the Sparks Municipal Code establishing the Transit Oriented Development Corridor Overlay District associated with CA-6-06. Council Members Smith, Carrigan, Schmitt, YES. Council Members Mayer, Salerno, ABSENT. Motion carried.

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10. - Adjournment

Time: 4:55:48 p.m. City Manager Carey offered congratulations to the Regional 1 Transportation Commission and Council Member Mayer (who serves on this commission) as they move forward on a road project

I

which is of vital interest to the City of Sparks relating to the 1 TahoeIPyrarnid link (or the southeast connector). It will now move forward and be designed. He noted that RTC also awarded the construction contract for the transit center in downtown

I , Sparks. He said this is a $20 million investment and he thanked 1 our Federal representatives, Jim Gibbons, John Ensign and Harry Reid, who played a big part in arranging the funds for this project.

I

Council Member Schmitt thanked City employees Neil Krutz and I

John Martini, who went above and beyond the call of duty for the ,

RED Development in coordinating the SAD district. He said they have gone out of their way to help expedite the process so we can get this billion dollar project started in the City of Sparks.

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Time: 4:57:28 p.m. There being no further business, the meeting was adjourned to a closed labor relations proceeding at 4 5 7 p.m.

Mayor

City Clerk >>>

Page 20 of 20

SPECIAL MEETING OF THE SPARKS CITY COUNCIL January 16,2007 3.00 p.m.



2. - Roll Call

Time: 3:01:48 p.m. Mayor Geno Martini, Deputy City Clerk Lenda Ulrich, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, City Manager Shaun Carey and Acting City Attorney Tom Riley, PRESENT. City Clerk Debi Dolan, City Attorney Chet Adams, ABSENT.

Staff Present: Tom Clewell, John Dotson, Steve Driscoll, Helen Elliott, Ben Hutchins, Adam Mayberry, JoAnn Meacharn, Tom Minton, Linda Patterson, Stan Sherer, Chris Syverson and Carrie Brooks.

Pledge of Allegiance Time: 3:02:04 p.m. The Pledge of Allegiance was led by Council Member John Mayer.

a Comments from the Time: 3:02:36 p.m. Public Ms. Shirley ~ertschinger, 832 Olancha Court, spoke regarding an

article in the Reno Gazette Journal which referred to her efforts at a recall election for City Attorney Chet Adarns as a LLfailure".



3. - Time: 3:05:53 p.m. Approval of the Minutes None.

4. Announcements, Presentations and Recognition Items and Items of Special Interest: NONE

5. Consent Items: Time: 3:05:53 p.m.

a A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve Consent Items 5.1 through 5.6. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 1 of 5

Minutes of the Special Meeting of the Sparks City Council for January 16,2007

5.1 An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Edward Jerry AMIPM, 1701 Victorian Herbst, 10 Wild Ridge Court, Las Vegas, NV 89562, for a Gaming Avenue License for Cardivan Company doing business at AMIPM #82385,

located at 1701 Victorian Avenue. Mr. Herbst currently holds a gaming license for Market Gaming, also a subsidiary of Herbst Gaming, Inc. The license will provide a $480.00 annual fee, for the four upright nickel slot machines and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.2 An agenda item from Police Chief John Dotson recommending the Cabaret License for City Council approve an application from Mr. Rodrigo Sedano- Rigo's Mexican Cuisine Castillo, 5280 Santa Anita Drive, Sparks, for a Cabaret License for and Tequila Bar, 1450 E. Sedano-Stoen, Inc., doing business as Rigo's Mexican Cuisine and Prater Way # 104 Tequila Bar, located at 1450 E. Prater Way #104. Mr. Sedano-

Castillo is the owner of the business. The license will provide a $1,300.00 annual fee, plus $1.00 per $1,000.00 over $50,000.00 annually, and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 An agenda item from Community Development Director Neil Final Subdivision Map Krutz recommending the City Council approve a final subdivision for Upper Highlands at map for the Upper Highlands at Cimarron East - Phase 3. This Cimarron East, Phase 3 subdivision is a continuation of the Upper Highlands at Cimarron

East Planned Development and will create 72 new lots on 203.0 acres. The current zoning for this subdivision is PD and the developer will be Cimarron East, LLC (Reynen and Bardis Development). The map and civil improvement drawings have been reviewed and have been found to be acceptable. A performance bond has been filed with the City Clerk to guarantee the construction of the public improvements.

5.4 - An agenda item from Police Chief John Dotson recommending the Approve the Purchase of City Council approve the purchase of a new digital audio/visual Digital AudioIVisual system for the Police Department in the amount of $68,262 from System for Police Desert Hills Security. In October of 2005, the Department Department purchased an audiolvisual interview system from HT Electronics;

however, this system has failed to meet the operation requirements of the Department, despite numerous attempts by the vendor to bring the system up to expectations. After extensive research, the Police Department has identified a digital audio/visual system available exclusively from Desert Hills Security. This system will meet the operation requirements of the Department and would be compatible with the same operating systems in other local law enforcement agencies, as well as the District Attorney's Office. HT Electronics will refund the City $9,000 of the $23,100 original cost of the old system and this amount will offset the $77,262, which is the cost of the new digital system from Desert Hills

Page 2 of 5


Amendment No. 1 to the Consulting Agreement with Systech Engineering Inc.

5.6 Approval of an Increase of Three Positions to the Police Officer Complement

Security.

An agenda item from Public Works Director Wayne A. Seidel recommending the City Council approve Amendment No. 1 to the Consulting Agreement between the Cities of Sparks and Reno and Systech Engineering, Inc., for support on the Truckee River TMDL Revision in the amount of $89,980, with Sparks' share being $28,227. This agreement will provide for the consultant to assist City staff in making: 1) model calibration refinements; 2) calibration report; 3) training workshops; 4) Truckee River TMDL Scenario Runs; and 5) general support of the TMDL process. A revision of the TMDL may allow for the discharge of substantially greater amounts of nutrients from the Truckee Meadows Water Reclamation Facility.

An agenda item from Police Chief John Dotson recommending the City Council approve a request to increase the City of Sparks Police Officer complement by three positions. The hiring process for police officers is lengthy and can take up to 46 weeks before an officer is fully functional. By taking advantage of the rich candidate pool that is currently available, the Police Department will overstaff, in order to get more police officers fully functional sooner. If these candidates are required to wait until the department experiences turnover, we could potentially lose them to other agencies.


6.1 - Time: 3:07:23 p.m. Award of a Professional An agenda item from Infrastructure Administrator Ben Hutchins Services Contract to FCS requesting the City Council award to FCS Group, a professional GROUP services contract to perform financial rate equity studies and

contractfordinarice revisions for the sanitary, storm and effluent sewer utilities in the amount of $184,885 (RFP 06107-022). The previous sewer equity study was performed in 2002. At that time, City Council approved modifications to selected sewer utility rates for a five year period ending in 2007. As a result of changing economic conditions and growth patterns over the past five years, it is important that sewer fees are evaluated to ensure a fair and equitable distribution of costs to sewer utility customers. This proposed sewer equity study will provide a detailed evaluation of sanitary, storm and effluent sewer utility connections, user and environmental control fees. It will evaluate different rate structure methodologies, current effluent contract provisions and current sewer rate(s) related to Title 13 ordinances. A review of management policies and cost accounting procedures will also be performed.

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Mr. Hutchins reviewed the reasons we need a new study, as listed in the staff report, and responded to questions from Council.

Council Member Carrigan referred to a letter he received from a Mr. John Gonzales and said that we need to make sure the public is involved in this study. Mr. Hutchins assured the Council that staff was all for public involvement and that they would do everything they could to promote involvement with the public.

Council Member Mayer expressed concern regarding the breakdown of the fees for the consultant. Mr. Hutchins noted there was a breakdown in the staff report and discussed the various costs outlined in the RFP from the Consultant.

Council Member Mayer also expressed concern regarding the different classes of rate payers and that some rate payers won't get stuck paying for the excess water usage of those that waste water because they are on a flat rate meter. A lengthy discussion ensued regarding various ways to make the charges equitable, with Utility Manager JoAnn Meacham leading the discussion and responding to questions from Council.

A motion was made by Council Member Salerno, seconded by Council Member Carrigan, to award a professional services contract to FCS GROUP to perform financial rate equity studies and contractlordinance revisions for the sanitary, storm and effluent sewer utilities in the not to exceed amount of $184,885. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.2 Time: 3:40:43 p.m. Resolution No. 3051 to An agenda item from City Manager Shaun Carey requesting the Establish the Sparks City Council approve Resolution No. 3051, a resolution to Municipal Initiatives and establish the Sparks Municipal Initiatives and Leadership Effort Leadership Effort (SMILE) for the City of Sparks, Nevada. The Sparks City Council (SMILE) has identified the need to increase citizen participation as a

strategic goal. With this in mind, a Community Leadership Summit was held in October of 2006, where 36 volunteers from six different community groups came together to discuss and identify areas that could be impacted by community involvement. At that meeting six areas of opportunity were targeted as community initiatives and an action plan for improvement was developed.

Executive Assistant Linda Patterson noted that the Council had received an e-mail with suggestions as to which panels each Member may be interested in serving on. She also discussed the steps that have been taken to form a committee and sub-committee format for moving this initiative forward.

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A motion was made by Council Member Schmitt, seconded by Council Member Mayer, to approve Resolution No. 3051, in support of SMILE. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.



9.1 - Time: 3:44:55 p.m. Comments from the Council Member Mayer asked about destruction of the building at Council and City Gondolfo Arena that housed the City's emergency sand supply for Manager sandbags. City Manager Carey said that staff is on top of the

situation and that it is covered by our municipal insurance, although there are some deductibles involved.

Council Member Mayer noted that the parapet from the old drugstore next to the Sparks Museum is falling apart and damaging the Museum building, which is owned by the City. Mr. Carey said he was sure Public Works was aware of this, but he would follow- up with them and get a response back to Council Member Mayer.

Council Member Schmitt noted that last Friday was a milestone for the City of Sparks with regard to the advancement of the Golden Eagle Park and the RED Development at the Marina and he thanked the Staff for the great job they did in completing that transaction.

10. - Adjournment


Mayor

City Clerk >>>

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REGULAR MEETING OF THE SPARKS CITY COUNCIL January 8,2007 2:00 p.m.



2. - Roll Call

Time: 2:01:39 p.m. Mayor Geno Martini, Deputy City Clerk Lenda Ulrich, Council Members John Mayer, Phillip Salerno, Ron Smith, Mike Carrigan, Ron Schmitt, Assistant City Manager Steve Driscoll and Acting City Attorney Tom Riley, PRESENT. City Clerk Debi Dolan, City Manager Shaun Carey, City Attorney Chet Adams, ABSENT.

Staff Present: Jason Adarns, Kathy Clewett, Tracy Domingues, John Dotson, Joyce Farley, Teresa Gardner, Ben Hutchins, Rob Joiner, Robert King, Adam Mayberry, Heather Manzo, JoAnn Meacham, Karen Melby, Tom Minton, Linda Patterson, Wayne Seidel, Stan Sherer, Chris Syverson, Janelle Thomas, Tim Thompson, Tracy Wheeler and Carrie Brooks.

Invocation and Pledge of Time: 2:01:57 p.m. Allegiance The invocation was given by Dr. Bruce Taylor of Spanish Springs

Presbyterian and the Pledge of Allegiance was led by Council Member Mike Carrigan.


Approval

Time: 2:04: 10 p.m. Ms. Laura Sheldon-Casson, Chairperson of the Advisory

Committee for the Disabled, noted that the Committee had discussed the proposed bill to raise the fines for parking in handicapped parking spots and they were very much in favor of increasing the fine. She noted that in cooperation with the City's sign department, stickers with the new fine amount would be available to property owners for them to change their posted signs.

Mayor Martini noted the passing of former Sparks Police Chief and former Washoe County Sheriff Bob Galli and called for a moment of silence in remembrance of his service to the City of Sparks.

of the Agenda Time: 2:08:12 p.m. Consideration of taking items out of sequence, deleting items and adding items which require action upon a finding that an emergency exists.

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Agenda Item 4.2 was withdrawn from the agenda.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the agenda as amended. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

3. - Time: 2:09:26 p.m. Approval ofthe Minutes A motion was made by Council Member Mayer, seconded by

Council Member Schmitt, to approve the minutes of the Regular Meeting of December 11, 2006 and the Special Meeting of December 18, 2006. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


4.1 Time: 2: 15:32 p.m. Presentation by Nevada Nevada State Senator Mark Amodei gave an update to the Council State Senator Mark regarding the SCR 26 Interim Committee's work regarding the Amodei water in the Truckee Meadows. He noted that a bill draft will be

coming out next week for review by the all the stakeholders of the bill. He thanked the Sparks City Council and the TMWA Board for all the information they provided during the study of this issue by the Committee.

4.2 - This item was removed from the Agenda. Fire Prevention Public Fire Safety Program Presentation

4.3 - Time: 2: 10: I 1 p.m. Proclamation - Sheep Mayor Martini read a proclamation naming January 2007 as Sheep Dip Show Appreciation Dip Show Appreciation Month, in recognition of the tireless Month efforts of the cast, crew, producers and corporate officers for their

long-term commitment to entertaining, fund raising and raising public awareness of the issues affecting this community. The proclamation was accepted by Marie Burgess Remseck, President of Sheep Dip and Linda Lott, Executive Producer of the Sheep Dip Show.

5. Consent Items: Time: 2:23:31 p.m. A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve Consent Items 5.1 through 5.12. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

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5.1 An agenda item from Acting Finance Director Joyce Farley Report of Claims and recommending approval of the Report of Claims and Bills paid Bills and Appropriation and the Appropriation Transfers made since the last regular Transfers Council Meeting for the period covering November 30, 2006

through December 20,2006.

5.2 Alcoholic Beverage Wholesaler License for Green Valley Wine and Spirits, Inc., 1771 E. Flamingo Road # 1 15-B, Las Vegas, NV

An agenda item from Police Chief John Dotson recommending the City Council approve an application from Mr. James Francis Lisowski, Sr., 2320 Caserta Court, Henderson, NV 89074, for an Alcoholic Beverage Wholesaler License for Green Valley Wine & Spirits, Inc., located at 1771 E. Flamingo Road #I 15-B, Las Vegas, NV. The business office is located in Las Vegas and they have no facility in Sparks; however, they will be distributing liquor to businesses in the City. The license will provide a $1,000.00 annual fee and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.3 An agenda item from Police Chief John Dotson recommending the On Premises Alcoholic City Council approve an application from Mr. Lucas Anthony Beverage License for Crain, 712 Hill Crest Road, Carson City, NV, for an On Premises Road House Saloon, 1923 Alcoholic Beverage License for Crain Enterprises, Inc., doing Prater Way business as (dba) road House Saloon located at 1923 Prater Way.

This will be Mr. Crain's first liquor license with Sparks. The license will provide a $1,000.00 annual fee, plus $1 .OO per $1,000.00 over $50,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.4 An agenda item from Police Chief John Dotson recommending the Alcoholic Beverage City Council approve an application from Mr. Steven Francis Package License for McCann, 1019 McCauley Road, Danville, CA 94526, for an Long's Drug Store #213, Alcoholic Beverage Package License for Long's Drug Store #213 175 Disc Drive located at 175 Disc Drive. Mr. McCann currently holds several

liquor licenses for Long's Drug Stores in Sparks. The license will provide a $700.00 annual fee, plus $1.00 per $1,000.00 over $25,000.00 annually and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.5 - An agenda item from Police Chief John Dotson recommending the Gaming License for City Council approve an application from Mr. Steven Francis Long's Drug Store #2 13, McCann, 101 9 McCauIey Road, Danville, CA 94526, for a 175 Disc Drive Gaming License for Long's Drug Store #213 located at 175 Disc

Drive. Mr. McCann currently holds several gaming licenses for Long's Drug Stores in Sparks. The license will provide a $120.00

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annual fee for fifteen upright, multi-denominational slot machines and is contingent upon inspections and approvals from various agencies as stated in the staff report.

5.6 - Change Order No. 3 for the Sparks High School Track Modification Project (C-998)

5.7 Purchase of Foxboro Distribution Control Parts Upgrade for TMWRF

5.8 - Bid Award for the Caterpillar 35 16 Digester Gas Fired Co-Generation Unit Rebuild at TMWRF

5.9 - Bid Award for Gravity Filter #4 Rebuild at TMWRF

An agenda item from City Engineer Peter Etchart recommending the City Council approve Change Order No. 3 to Granite Construction in the amount of $10,732.84 for the Sparks High School Track Modification Project. Over-excavation was required at various locations around the track to remove some unsuitable, wet material in the sub-grade. Fabric was then placed down, the sub-grade re-compacted and the track re-graded. Asphalt escalation costs were adjusted due to the increase in oil prices from the original bid to when construction actually began. The City is not responsible financially for this change order and the funding will be the responsibility of the Washoe County School District, as outlined in an interlocal agreement.

An agenda item from Public Works Director Wayne Seidel recommending the City Council approve an exception to competitive bid and purchase parts for the Distributed Control System upgrade at the Truckee Meadows Water Reclamation Facility (TMWRF) from the Foxboro Company in the amount of $97,687.76. This system controls the operations of TMWRF. The current system was installed in 1998 and has been very reliable. However, Foxboro no longer supplies some of the modules used in the system. This upgrade will allow TMWRF to migrate to state- of-the-art controllers and keep the system reliable with a source of repair parts. This upgrade will only replace the outdated parts of the system, while continuing to use parts that are still supported. Funds are available in the RSP operations account. The City of Reno's share is $73,265.82 and Sparks' share is $24,421.94.

An agenda item from Maintenance Superintendent Alan Minor recommending the City Council award to Cashrnan Equipment the bid (No. 06107-019) for the Rebuild of the 35 16 Digester Gas Fired Co-Generation Unit at the Truckee Meadows Water Reclamation Facility (TMWRF) in the amount of $199,980.00. This unit is operating at a reduced output due to having excessive run hours on the unit since the last minor and major overhauls. The unit generates $1,50O/day in electrical power savings when operational. Funds are available for this rebuild.

An agenda item from Operations Superintendent Starlin Jones recommending the City Council award to ERS Industrial Services, Inc., the bid (No. 06107-027) for the Rebuild of Gravity Filter #4 at the Truckee Meadows Water Reclamation Facility (TMWRF) in

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the amount of $43,855.55. These filters are used to filter out the remaining small particles that are left in the wastewater prior to discharge. Filter #4 was rebuilt in 2002; however some of the 1620 nozzles have failed, which essentially renders the filter useless. This job requires a permitted confined space entry and once the media is removed, new nozzles and media will be installed. Funds were budgeted for this project in the RSP operations account.

5.10 - An agenda item from Public Works Director Wayne Seidel Bid Award for a 2007 or recommending the City Council award to Sierra Freightliner the Current Model Year bid (No. 06107-028) for a 2007 Model Year Sterling LT9500 Sterling LT9500 Unitized Unitized Asphalt Patch Truck in the amount of $1 71, 519.00. This Asphalt Patch Truck equipment will be used to repair potholes in the City streets and

will replace a 1992 Ford F800 unit that was received used in 2000 from Carson City. Funds were budgeted and are available for this purchase.

5.11 An agenda item from Public Works Director Wayne Seidel Bid Award for Two 2007 recommending the City Council award to Sierra Freightliner the Sterling Combination 6x4 bid (No. 06107-029) for the purchase of two 2007 Sterling 1 0-Yard Dump Trucks, Combination 6x4, I 0-yard, dump trucks, Sanders, and Snow Plows Sanders and Snow Plows in the total amount of $287,320.00. This equipment will replace

smaller, 13-year-old vehicles that are in poor condition and ill fitted for snow incidents. Funds were budgeted and are available for this purchase.

5.12 - An agenda item from Parks and Recreation Director Stan Sherer Approval of the 2007 recommending the Council approve the 2007 Interlocal Agreement Interlocal Lease with Washoe County School District, Transportation Department Agreement with Washoe for the lease of school buses to transport Parks and Recreation County School District, program participants throughout the year. Programs that require Transportation transportation by bus are offered on a cost-covering basis. This Department agreement allows us to use school buses in our continuing effort to

provide quality programming during our summer, year-round, and holiday camps. There is a $0.10 cent per mile fee increase from the current 2006 agreement.


6.1 - Time: 2:24:15 p.m. Acceptance of Seven An agenda item from Parks and Recreation Director Stan Sherer Sponsorships/Donations requesting the City Council accept sponsorships/donations in the for the 2oth Annual News amount of $23,250 from seven agencies for the 2oth Annual News 4 Presents the State Farm 4 presents the State Farm Hometowne Christmas event. Each year Sparks Hometown we accept donations to assist with the cost of producing each

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Christmas Event special event.

Recreation Superintendent Tracy Domingues noted that the Christmas event was held December 2nd and staff is requesting that the Council accept sponsorships and donations from:

State Farm Insurance Rail City Casino Northern Nevada Medical Center J. Hofert John Ascuaga's Nugget Clearwire Trammel1 Crow TOTAL

Ms. Domingues stated that the City would not be able to make these events possible without the involvement of the community and she thanked all the businesses for their participation in this successful event.

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to accept the donations as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.2 - Time: 2:26:44 p.m. ApprovalIAcceptance of An agenda item from Parks and Recreation Director Stan Sherer a T-Mobile Sponsorship requesting the City Council accept a $3,500 sponsorship from T- for the T-Mobile Mobile for the T-Mobile Applause! Youth Music Awards event Applause! Youth Music held on October 71h in Victorian Square. Each year we accept Awards Event donations to assist with the cost of producing each special event.

These efforts by staff to solicit donations/sponsorships assist in meeting the goal of becoming self-sufficient in event productions.

Recreation Superintendent Tracy Domingues noted this event was held in October and once again T-Mobile was the title sponsor for this event. In response to questions from Council, Ms. Domingues noted that this is the third year for the event and the second year that T-Mobile has been a title sponsor. She said this event is growing each year and staff is working to draw competition from Northern Nevada for this event.

A motion was made by Council Member Smith, seconded by Council Member Carrigan, to accept the donation from T-Mobile as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Page 6 of 17

Minutes of the Regular Meeting of the Sparks City Council for January 8: 2007

@ 6.3 Review and Possible Action Related to the Action Taken by the Sparks Charter Committee to Amend the Sparks Charter

6.4 - City Council Pairings with State Legislators

Time: 2:27:24 p.m. An agenda item from Sparks Charter Committee Chairperson Kendall Mattina requesting the City Council receive a presentation on proposed changes to the Sparks Charter by the Sparks Charter Committee and approve the action taken by the Committee to amend the Charter, Article 111, Section 3.055 (Executive Department: Employment of Special Counsel). The Sparks Charter Committee of the City of Sparks is a separate legal entity created by the Nevada State Legislature and charged with the responsibility of reviewing and making changes to the Sparks City Charter. The Committee is under no obligation to seek approval of their actions from the elected officials who appoint them; however, the Committee historically presents their proposed changes to the Council prior to submitting them to the Legislative Council Bureau in the form of a Bill Draft Request (BDR).

Charter Committee Chairman Kendall Mattina said there was a question, recently, as to whether or not the City Council had the right or authority to hire or contract with outside counsel. She said that every member of the Charter Committee felt that the Council did have that right, although the Charter did not indicate that it was prohibited. She said the Committee will be submitting a bill draft for Senator Mathews to take forward as an attachment to the bill they have already submitted for another charter change.

Ms. Mattina noted that the wording of the amendment will be as follows: The City Council may, by a simple majority vote, employ attorneys to perform any civil or criminal duty of the City Attorney. Such attorneys are responsible only to the City Council and the City Attorney shall have no responsibility or authority concerning the subject matter of such employment.

Council Member Schmitt thanked the Committee for their hard work in thoroughly debating this issue from all sides.

Council Member Mayer thanked the Committee for all the hard work the Charter Committee does on behalf of the citizens of Sparks.

No further action was taken by the Council on this issue.

Time: 2:32: 15 p.m. An agenda item from Government Affairs Manager Rob Joiner recommending the City Council discuss and take action on setting federal program priorities by directing staff to coordinate and support the priorities for federal funding opportunities with

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Nevada's federal delegation, supporting agencies and contract legislative representatives.

Mr. Joiner noted that the parings outlined in the staff report are designed to allow relationship building between the Council Members and certain key members of the Legislative leadership, including the Speakers, the Speaker pro-tems, and the Chairmen of major committees (especially those that relate to City government).

A motion was made by Council Member Smith, seconded by Council Member Carrigan, to accept the priorities as listed. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.5 Time: 2:36:15 p.m. Approval of Special An agenda item from the Public Works Director Wayne Seidel Temporary Sewer Rates requesting the City Council approve a special sewer rate request for the Northern Nevada from the Northern Nevada Adult Mental Health Campus and Adult Mental health waive associated penalties, retroactively to July 1, 2006, through Campus December 3 1,2007.

Infrastructure Administrator Ben Hutchins introduced Mr. John Alexander, Mr. Rob Quarter and Liz O'Brien from the Nevada Adult Mental Health Campus and noted that there are three facilities within the Mental Health Campus that do not have separate meters that provide non-irrigated (sewered) water usage versus water that is used for landscape irrigation. As such, these facilities are requesting sewer bills during the irrigation season (April - October) be based on water usage during the non- irrigation season (November - March) to be more equitable. These facilities plan on installing separate meters that will provide non-irrigation readings in the near future and are requesting a temporary non-irrigation rate through December 3 1,2007. Section 13.09.034 of the Sparks Municipal Code allows the City Council to approve a special rate for a commercial discharger if it can be demonstrated that sewer rates are inequitable or unbearable.

Mr. Hutchins noted that we had an agreement for a special rate from July 1, 1001 through June 30, 2006 to allow the facility to put in some meters; however, due to a change in personnel, the meters were never installed. He said the new staff members are requesting an extension on the special rate to allow them additional time to get the meters install. Mr. Hutchins said they have been very proactive in talking to TMWA and City Staff to get a plan into place for the meter installation.

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Council Member Canigan suggested that Mr. Alexander and other staff look into using effluent water to irrigate their acres of landscaping. Mr. Alexander, Operations Manager for Lakes Crossing and Northern Nevada Mental Health Services, said they have not specifically looked at using effluent water for irrigation; however, the State of Nevada is currently conducting a study, that was commissioned by the Legislature, regarding an overall review of the facility and what it should look like in the future.

Mayor Martini asked that staff track the progress of the meter installation and report back to the City Council on the final plan.

A motion was made by Council Member Mayer, seconded by Council Member Schrnitt, to approve a special sewer rate request from the Northern Nevada Adult Mental Health Campus and waive associated penalties, retroactively to July 1 , 2006, through December 3 1, 2007. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

6.6 - Time: 2:42:34 p.m. Approval of the 2 1 '' An agenda item from Recreation Superintendent Tracy Domingues Century Community recommending the City Council approve a 21S' Century Learning Centers Grant Community Learning Centers grant as entered into and secured

through the collaborative efforts with Agnes Risley Elementary School. The Parks and Recreation Department provides enrichment activities to approximately 150 children (daily) in the after school program known as the Twilight Academy. The grant reimburses the City for a portion of part-time salaries at this site. This is a $10,000, five-year grant that is reviewed on an annual basis.

Council Member Mayer asked how many of our schools have these learning centers versus the "latch-key" program. Ms. Domingues said that to her knowledge there are only two schools that have qualified and been approved for 21 Century Grants: Greenbrae Elementary and Agnes Risley. She noted that the grants were applied for by the School District and it depended on the socio-economic dynamics of the school as part of the qualifications. Council Member Mayer urged Ms. Domingues to work with the School District to see if more of the schools in Sparks could qualify for these grants.

A motion was made by Council Member Mayer, seconded by Council Member Smith, to approve the grant as outlined. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

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6.7 Time: 2:46:20 p.m. Resolution No. 3049, In An agenda item from City Manager Shaun Carey recommending Support of the Washoe the City Council approve Resolution No. 3049, a resolution in County School District support of Washoe County School District's Blue Ribbon

Committee.

Assistant City Manager Steve Driscoll said that this item was brought forward by the Mayor, as a participant on the Committee. He explained that this resolution supported the Committee's pursuit of the same sources of revenue as are available to other Nevada districts. The Committee consists of a group of community leaders which was convened in August of 2006 by the Superintendent, in order to keep them informed on both the capital construction program and career education program and gather support for seeking additional revenue sources to address the capital construction needs.

A motion was made by Council Member Mayor, seconded by Council Member Carrigan, to direct staff to approve Resolution No. 3049. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.8 - Time: 2:50:26 p.m. Appointments to the An agenda item from City Manager Shaun Carey recommending Advisory Committee for the City Council confirm the Mayor's appointment of Jeanette the Disabled and Ramirez to the Advisory Committee for the Disabled and Tom Regional Planning Lean to the Regional Planning Commission. There is a vacancy Commission on the Advisory Committee for the Disabled due to a resignation

and Planning Commissioner Marvin Moss, who also served on the Regional Planning Commission, did not wish to be reappointed when his term on both commissions expired December 3 1,2006.

A motion was made by Council Member Mayor, seconded by Council Member Smith, to confirm the Mayor's appointment of Jeanette Ramirez to the Advisory Committee for the Disabled and Tom Lean to the Regional Planning Commission. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.9 - Time: 2:5 1 : 14 p.m. lS' Reading of Bill No. Deputy City Clerk Lenda Ulrich read Bill No. 2533 by title, a 2533, PCN06073, David general ordinance providing for the rezoning of certain lands Mayer, a Rezone of 6,650 owned by David Mayer from R2 (Multiple Family Residential) to Square Feet From R2 to R4 (Multiple Family Residential) on a parcel approximately 6,650 R4, Located at 826 "G" square feet in size in the City of Sparks; located at 826 " G Street; Street and providing other matters properly relating thereto.

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Council Member Mayor noted that this item involved his brother, David Mayor, and that he would be abstaining from the discussion and vote on this item.

6.10 - Time: 24:52:49 p.m. IS' Reading of Bill No. Deputy City Clerk Lenda Ulrich read Bill No. 2534 by title, a 2534, PCNO6103, general ordinance providing for the rezoning of certain lands Gonzalo Sanchez, a owned by Gonzalo G. Sanchez from R2 (Multiple Family Rezone of 0.2 1 Acres Residential) to R3 (Multiple Family Residential) on a parcel From R2 to R3, Located approximately 0.21 acres in size in the City of Sparks; located at at 1533 "H" Street 1533 "H" Street; and providing other matters properly relating

thereto.


6.1 1 - 1 Reading of Bill No. 2535, Amending Chapter 20 by Adding a New Chapter to Establish a Transit Oriented Development (TOD) Corridor Overlay District (CA-6-06)

Time: 2:53:3 1 p.m. Deputy City Clerk Lenda Ulrich read Bill No. 2535 by title, an ordinance amending Chapter 20 of the Sparks Municipal Code by adding a new chapter to establish Transit Oriented Development Corridor Overlay Districts.

Mayor Martini announced that the public hearing and second reading of this bill would be conducted at the Regular City Council Meeting of January 22, 2007.

6.12 - Time: 2:54:07 p.m. lS' Reading of Bill No. Deputy City Clerk Lenda Ulrich read Bill No. 2536 by title, an 2536, Amending Section ordinance amending Sparks Municipal Code 10.48.240 adopting 10.48.240 to Adopt New new fines regarding parking violations in spaces designated for the Fines Regarding Parking handicapped in the City of Sparks; and providing other matters Violations in properly related thereto. Handicapped Spaces


7. Public Hearings and Action Items Unrelated to Planning and Zoning Time: 2:55: 13 p.m.

It was noted that the following public hearings were published for hearings at 3:00 p.m.; therefore, a five minute recess was taken, to allow any interested parties to arrive for the 3:00

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~e Regular Meeting of the Sparks City Council for January 8,2007

The meeting was reconvened at 3:02 p.m.

Time: 3:02:00 p.m. An agenda item from Grants Administrator Tracy Wheeler

2006- requesting the City Council conduct a public hearing and approve Plan an amendment to the FY 2006-2007 Community Development

Block Grant (CDBG) Action Plan to reallocate $40,000 in funds from Public Services to the Dillworth Middle School Capital Improvement Project.

Ms. Wheeler noted that the FY 2006-2007 Action Plan was approved by the Council on May 8, 2006 and subsequently submitted to HUD. In June the City received notice that the PEACE project would be closing its doors and therefore, not accepting those grant dollars allocated to them through the Washoe County Human Services Consortium. Staff has reviewed the City's projects and is recommending reallocating those funds to the Dillworth Middle School; enabling the City to undertake a more substantial project at this location.

Council asked what projects were under consideration for the funds. Ms. Wheeler said the biggest need is refurbishment of their home economics/science room (including cabinetry and flooring); however this may not cover this cost. The other options are to resurface the basketball courts and extend the outside paved areas or extend the grass surface areas.


A motion was made by Council Member Mayer, seconded by Council Member Salerno, to approve the amendment to the FY 2006-2007 CDBG Action Plan to reallocate $40,000 in funds from Public Services to the Dillworth Middle School Capital Improvement Project. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

Time: 3:06: 17 p.m. An agenda item from Finance Director Tom Minton

on recommending the City Council conduct a public hearing and ~g approve Resolution No. 3050, a resolution authorizing medium-

term obligations in an amount of up to $8,600,000 for the purpose iount of refinancing redevelopment projects; directing the officers of the for City to forward materials to the Department of Taxation of the

State of Nevada; providing certain details in connection therewith;

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@ Refinancing and providing the effective date hereof. Redevelopment Projects

Ms. Jennifer Stem of Sweinseid and Stern explained that the medium term obligation is for purposes of refinancing two outstanding redevelopment bond anticipation notes that come due April 1, 2007 and an interfund loan that the City made to acquire some real property. She noted that the resolution required a 2/3 majority of the Council and a public hearing.


A motion was made by Council Member Schmitt, seconded by Council Member Carrigan, to approve Resolution No. 3050. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.


8.1 - Time: 3:08:07 p.m. Adoption of Bill No. An agenda item from Assistant Planner Alexis Hill requesting the 25 10, PCN06038, City Council conduct a public hearing and adopt Bill No. 2510, a Talancon, a Rezone of general ordinance providing for the rezoning of certain lands 0.207 Acres From R 2 to owned by Jose F. Talancon from R2 (Multiple Family Residential; R3, Located at 2026 "1" 3,000 square feet per dwelling unit) to R3 (Multiple Family Street Residential, 2,200 square feet per dwelling unit), on approximately

0.207 acres in the City of Sparks; located at 2026 "I" Street in Sparks; and providing other matters properly relating thereto.

Planning Manager Karen Melby displayed a map showing the location of the property and stated that this is currently a vacant lot and the applicant is requesting the zone change in order to develop the property as a multi-family, 4-unit project.

Council Member Smith asked if this project would increase the load on the water and sewer systems to the point where they would not be able to handle the additional service. Engineering Manager Janelle Thomas said that she did not believe four additional units would negatively affect the current delivery system for these services.

Council Member Mayer said he had a real problem with changing zoning on a property that was not project specific and he would like to have a project tied into the zoning changes. Ms. Melby stated that she understood his concern, but State law requires that

Page 13 of 17

le Regular Meeting of the Sparks City Council for January 8,2007

the zone change be processed before a project can be submitted. She noted that once the zone change is approved, the proposed project (4 units) would be under the threshold for a special use permit, so it will only have to go through a site plan review, and, although the Council could request to see the project, they could not condition the zone change.

Council Member Salerno said he talked with the applicant regarding this item and he was shown drawings of the proposed project and asked that the applicant display those drawings. Ms. Melby displayed a drawing of the proposed project, but emphasized that staff has not yet received the official project. She said the building would be set towards the rear of the property and the access will be off "I" Street. She noted that directly to the north of the property is an apartment complex, so the back of the apartments will be facing the back of this proposed building. Ms. Melby said that the project will have to comply with the design standards manual and this will be part of the site plan review.

Mr. Mike Railey of Jeff Codega Planning and Design stated that they have the site plan review ready to submit, but they can't actually submit it until the zoning is in place. He assured the Council that Mr. Talancon plans to submit the plans for site plan review on January 1 7th; which is the next intake date.

Mayor Martini opened the public hearing by asking if there was any one present who wished to speak on this matter.

Mayor Martini noted that they had received three letters in opposition to the rezoning from: Ernest J. Moore, William Roe, and Susan Joseph.

Ms. Dona Cassettari-Jepson, 20845 Eaton Road, Reno, said she is the property owner of 942 Sullivan Lane, said she believed that there was already a parking problem in the neighborhood because there is no on-street parking on Sullivan, so people use "I" Street for overflow parking. She said that even though there is off-street parking for the apartments in this project, it will still impact an already existing problem.

Mr. Robert Hamilton, 191 5 "I" Street, said that parking is already a problem and he felt that there would be overflow parking from this project that would end up parking on the street; causing an already bad parking problem to get worse. He said he was against any type of multi-family dwelling on this street.

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8.2 - Adoption of Bill No. 2532, PCN06094, Hodges Family Trust, a Rezone of 1.25 Acres From I to PO, Located on The Southwest Corner of the Intersection of Vista Boulevard and East Prater Way


Council Member Salerno gave his reasons why he supported the rezoning, stating that the Council has been promoting in-fill projects for all of the 11 years that he has been on the Council and this project is ideal as an in-fill project.

Council Member Mayer asked if this area would be included in the future Transit Oriented Development (TOD) corridor. Ms. Melby responded that yes, it would be within the TOD boundary. She then gave a brief explanation of what a TOD is. Council Member Salemo noted that if the Council did not approve this zone change, the applicant could then re-apply under a TOD overlay (after it is added to the Sparks ordinances) and Council would not have to approve the project.

Council Member Salerno asked if the Council could request to see this project before it was approved. Ms. Melby said yes, they could request that staff give an informational presentation once the project was submitted. Council Member Salemo said he would like to have it presented to Council so that the public could see what the actual project will be.

A motion was made by Council Member Salerno, seconded by Council Member Mayer, to approve Bill No. 25 10 (Ordinance No. 2330), the rezoning request associated with PCN06038 to rezone approximately 0.207 acres from R2 (Multiple Family Residential; 3,000 square feet per dwelling unit) to R3 (Multiple Family Residential, 2,200 square feet per dwelling unit), based on findings Z1 through 23 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schrnitt, YES. Motion carried.

Time: 3:3 1 :49 p.m. An agenda item from Assistant Planner Heather Manzo requesting the City Council conduct a public hearing and adopt Bill No. 2532, a general ordinance rezoning real property owned by Hodges Family Trust from I (Industrial) to PO (Professional Office), on approximately 1.25 acres generally located on the southwest corner of the intersection of Vista Boulevard and E. Prater Way, Sparks, NV; and providing other matters properly relating thereto.

Ms. Manzo noted that the property has a dual Master Plan designation of Office Professional/Commercial Industrial and the proposed zoning designation is consistent with the Master Plan. She said that findings Z1 through 23 can be met and at this time

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there is not a project associated with this request; however, the project will require a site plan review and must comply with the design standards manual.


A motion was made by Council Member Smith, seconded by Council Member Carrigan, to approve Bill No. 2532 (Ordinance No. 2352), the rezoning request associated with PCN06094, request to change the existing zoning from I (Industrial) to PO (Professional Office) on a parcel approximately 1.25 acres in size generally located on the southwest corner of the intersection of Vista Boulevard and Prater Way, based on findings Z1 through 2 3 and the facts supporting these findings as set forth in the staff report. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6. General Business (Continued):

6.13 Time: 3:39:24 p.m. Possible Motion to Possible motion to conduct labor relations proceedings (Closed per Conduct Labor Relations NRS 288.220. Proceedings

A motion was made by Council Member Carrigan, seconded by Council Member Smith, to adjourn the meeting to a closed door session to conduct labor relations proceedings, after Comments from the Council. Council Members Mayer, Salerno, Smith, Carrigan, Schmitt, YES. Motion carried.

6.14 Time: 3:3 1 :49 p.m. Discussion and Possible Acting City Manager Steve Driscoll noted that his contemplation Action Related to a of the closed session was to provide the Council with some Closed Door Labor information and to ask for some direction from the Council; Session however, he felt that there would be nothing that would require a

vote of the Council. It was the desire of the Council to "wrap up" the meeting and then adjourn to the closed session.

Council Member Carrigan said he received an e-mail claiming that the Council was having another "secret" meeting and asked for clarification from the Acting City Attorney regarding the proposed closed session. Acting City Attorney Tom Riley confirmed that this was not a secret meeting and that the NRS specifically allows the Council to go into a closed session for confidential negotiations pertaining to labor agreements and labor unions. He emphasized that no action may be taken during the meeting.

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e - 9. Comments from the Council and City Manager

10. - Adjournment

Time: 3:37:48 p.m. Council Member Carrigan said he received a letter regarding the traffic light at the intersection of Wingfield Hills Road and Vista Boulevard and he asked that staff get back to him on when it is scheduled for installation/operation.

Council Member Mayer thanked everyone for their thoughts and prayers during his recent illness when he had a kidney removed. He said he felt that they greatly contributed to his recovery from the operation.

Council Member Smith commended Council Member Schmitt for receiving an award from the National League of Cities for reaching the Platinum Level Certificate of Achievement in its Leadership program. He noted that this level has been attained by less than 50 people in the United States.

Time: 3:39:41 p.m. There being no further business, the meeting was adjourned to a closed labor relations proceeding at 3:39 p.m.

Mayor

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