Minutes

Regular Meeting

Reno City Council

Wednesday, September 13, 2017 12:00 PM

Reno City Council Chamber, One East First Street, Reno, NV 89501

Hillary Schieve, Mayor

 

Council Members:

Ward 1 – Jenny Brekhus

 

Ward 4 – Paul McKenzie

Ward 2 – Naomi Duerr

 

Ward 5 – Neoma Jardon

Ward 3 – Oscar Delgado

 

At-LargeDavid Bobzien

 

A              Introductory Items   

A.1              Pledge of Allegiance   

A.2              Observance of a Moment of Silence   

A.3              Roll Call   

 

Attendee Name

Title

Status

Arrived

Hillary Schieve

Mayor

Absent

12:31 PM

Jenny Brekhus

Councilmember

Present

 

Naomi Duerr

Councilmember

Absent

12:09 PM

Oscar Delgado

Councilmember

Present

 

Paul McKenzie

Councilmember

Present

 

Neoma Jardon

Councilmember

Present

 

David Bobzien

Councilmember

Present

 

Sabra Newby

City Manager

Present

 

 

The meeting was called to order at 12:05 PM.

A.4              Public Comment   

Lavon Reid, 2006 Prater Way #59, Sparks, discussed concerns with vagrancy laws.

 

Lauren Slemenda, laurencslemenda@gmail.com, thanked the Council for their donation to the Nevada Day Classic.

 

COUNCIL MEMBER DUERR PRESENT AT 12:09 P.M.

 

Commissioner Steve Sisolak, 29 Burning Tree Court, Las Vegas, voiced his support for City Manager Newby.

 

Gerry Mifsud, 2350 Paradise, discussed concerns with a senior crossing sign at Paradise Park.

 

Steven White, Silver Springs resident, discussed artists' rights and concerns regarding public and special events.

 

Eric Brooks, 977 Wilkinson Avenue, discussed the People's Choice Award to Bryce Chisholm for Art Fest on the River.

 

COUNCIL MEMBER BREKHUS ABSENT AT 12:26 P.M.

 

Debe Fennell, 3170 Oakshire Court, representing the Rotary Club of Reno, provided an update on the Biggest Little City Bulb Project at Bicentennial Park.

 

Mohammad Amjad, 6423 MicMac Court, discussed concerns regarding the choice of the Sage Street site for the permanent overflow shelter as well as code enforcement issues.

 

COUNCIL MEMBER BREKHUS AND MAYOR SCHIEVE PRESENT AT 12:31 P.M.

 

The following individuals discussed their opposition to the conversion of Wildcreek Golf Course into a high school:  1) Darla Lee, 3506 Brassie Drive, Sparks; 2) Kathleen Shopp, 4975 Malapi Way, Sparks; 3) Kim Tracy, 5595 High Rock Way, Sparks; 4) Wesley Griffin, 4701 Wedekind Road, Sparks; 5) Darlene Hesse, 3035 Malapi Way, Sparks; and 6) Charles McCubbsons, 360 Nicole Drive.

 

Sharon Oren, 13370 Goldpan Drive, discussed safe shooting habits.

 

Gene Yup, 2095 Richter Drive, admonished the Mayor and Council Member Brekhus for their recent comments regarding a visit to Reno by President Trump.

 

Beth Macmillan, 528 West First Street, representing Artown, thanked the Council for their support.

 

Krysti Bea Jackson, 5910 Panther Drive, local chocolatier, thanked the Council for their support of Artown and the Reno Accelerator Fund.

 

Sam Dehne, Reno resident, provided his views on several issues.

 

Nathan Daniel, 513 Thom Street, thanked the donors who provided funds for the new dog park.

 

COUNCIL MEMBER BOBZIEN ABSENT AT 1:01 P.M.

 

Chi Chi Bengochea, no address provided, thanked the Council for their service to the community.

A.5              City Manager Announcements (Item for general announcements and informational items only.  No action will be taken on this item.)   

City Manager Newby made several announcements.

A.6              Approval of the Agenda (For Possible Action) - September 13, 2017. 

THE AGENDA WAS APPROVED WITH ITEMS J.6.1 AND J.6.2 WITHDRAWN.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Neoma Jardon, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon

ABSENT:              David Bobzien

A.7              Approval of Minutes (For Possible Action) 

A.7.1              Reno City Council - Regular - Aug 9, 2017 12:00 PM (For Possible Action)  1:16 PM

RESULT:              ACCEPTED [UNANIMOUS]

MOVER:              Paul McKenzie, Councilmember

SECONDER:              Oscar Delgado, Councilmember

AYES:              Schieve, Brekhus, Delgado, McKenzie, Jardon

ABSENT:              Naomi Duerr, David Bobzien

B              Consent Agenda   

Sam Dehne, Reno resident, presented his views on the consent agenda.

 

ITEMS B.1, B.2, B.8, B.10 AND B.11 WERE APPROVED.  ITEMS B.3, B.4, B.5, B.6, B.7 AND B.9 PULLED FOR DISCUSSION.

B.1              Approval of Privileged Business Licenses

B.1.a              New - Alcohol

1.              Candelaria's Mexican Food, Juan M. Esquivel, 170 West Peckham Lane, Suite 1110 - Dining Wine and Beer (For Possible Action) [Ward 2]

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

2.              Rum Sugar Lime, Laurel DeVincenzi, 1039 South Virginia Street - Bar (For Possible Action) [Ward 1]

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

3.              Sushi Maki, Patricia Patino, 550 West Plumb Lane, Suite E - Dining Wine and Beer, Packaged Beer and Wine (For Possible Action) [Ward 2]

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.1.b              Change of Ownership - Alcohol

1.              High Point General Store, Jagdish Kalish, 900 Yori Avenue - Packaged Liquor (For Possible Action) [Ward 3]

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

2.              Best Western Airport Plaza Hotel, Navprit Bajwa, 1981 Terminal Way - Bar (For Possible Action) [Ward 3]

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.2              Staff Report (For Possible Action): Acceptance of Donation from Dorothy and Chi Chi Bengochea to support the construction of the downtown dog park in the amount of $25,000.  1:24 PM

Recommendation:  Staff recommends that City Council accept the donation of $25,000 from Dorothy and Chi Chi Bengochea to support the construction of the downtown dog park.

Proposed Motion:  I move to approve staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.3              Staff Report (For Possible Action): Acceptance of In-Kind Donation from D&D Roofing and Sheet Metal, Inc. for repairs and materials of the mechanical building roof at Traner Pool in the estimated valued amount of $10,000. [Ward 3] 1:30 PM

Recommendation:  Staff recommends that City Council accept the in-kind donation from D&D Roofing and Sheet Metal, Inc. for repairs and materials of the mechanical building roof at Traner Pool.

Proposed Motion:  I move to approve staff recommendation.

THIS ITEM WAS PULLED FOR DISCUSSION.

 

Council Member Delgado thanked D&D Roofing and Sheet Metal, Inc. for their generous in-kind contribution to the Traner Pool facility.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.4              Staff Report (For Possible Action): Acceptance of Donation from the Northern Nevada Building and Construction Trades Council Development Corporation dba Carville Park Apartments to support the renovations at Traner Pool in the amount of $50,000. [Ward 3] 1:31 PM

Recommendation:  Staff recommends that City Council accept the donation of $50,000 from the Northern Nevada Building and Construction Trades Council Development Corporation dba Carville Park Apartments to support the renovations at Traner Pool.

Proposed Motion:  I move to approve staff recommendation.

THIS ITEM WAS PULLED FOR DISCUSSION.

 

Council Member McKenzie made the following disclosure:

"Fellow City Council Members and Madam Clerk, in the interests of full transparency, I am disclosing the fact I manage Carville Parks Apartments on behalf of the Building Trades Council Development Corporation (BTCDC).  In addition, I am the Secretary Treasurer of the Building and Construction Trades Council (BCTC), a council of 18 affiliated labor unions that advocates and lobbies for worker's rights.  BTCDC is making a $50,000 donation to assist the City with renovations of Traner Pool.  I have consulted with the City Attorney’s Office, and have concluded that the independence of judgment of a reasonable person in my situation would not be materially affected by my commitment in a private capacity to BTCDC/BCTC.  Madam Clerk, please accept this disclosure and lodge it on the record for this meeting and subsequent meetings pertaining to this agenda item."

 

Council Members Brekhus and Delgado thanked the Northern Nevada Building and Construction Trades Council Development Corporation for their generous donation to the Traner Pool project.

 

The Council upheld the staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jenny Brekhus, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.5              Staff Report (For Possible Action): Approval of Contract for Professional Services: Accela Modification Contract between the City of Reno and Truepoint Solutions, LLC for a term of three years in an amount not to exceed $50,000 per fiscal year. (Building Permit Fund)  1:32 PM

Recommendation:  Staff recommends Council approve the Contract for Professional Services: Accela Modification Contract between the City of Reno and Truepoint Solutions LLC and authorize the Mayor to sign the agreement.

Proposed Motion:  I move to approve staff recommendation.

THIS ITEM WAS PULLED FOR DISCUSSION.

 

Mayor Schieve requested a staff report.

 

Bill Thomas, Assistant City Manager, provided an overview of the staff report and a history of the regional business license process.

 

Discussion ensued regarding concerns about the Accela regional business license and building permit processes, and the need for consultants to work on fixes to the new technology.

 

Council Member Duerr recommended that staff conduct a retrospective audit on the periods of time when things were not quite working.

 

The Mayor called for public comment.

 

Eddie Lorton, no address provided, discussed concerns about the agreements the City has made with ADP (Automatic Data Processing, Inc.) and Accela.

 

Council Member Brekhus requested information regarding how the regional technology fee is coming in for the three jurisdictions that pay for this module.

 

The Council upheld the staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jenny Brekhus, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.6              Staff Report (For Possible Action): Approval of Internet Service Agreement, which costs also include recommended upgrades to legacy network connections at 25 City locations, in an amount not to exceed $190,000 annually. (General Fund)  1:47 PM

Recommendation:  Staff recommends Approval of Internet Service Agreement, which costs also include recommended upgrades to legacy network connections at 25 City locations, in an amount not to exceed $190,000 annually. (General Fund)

Proposed Motion:  I move to approve staff recommendation.

THIS ITEM WAS PULLED FOR DISCUSSION.

 

Mayor Schieve asked if the contract went out for RFP (Request for Proposals), and noted the high cost of the proposed agreement with Spectrum Enterprise (Charter Communications).

 

Rishma Khimji, Assistant Director of Technology, said that the agreement was not put out for bid because all of the City's legacy lines are already with Charter.  She explained that this is an upgrade to those lines.

 

It was moved by Mayor Schieve, seconded by Council Member McKenzie, to put the agreement out to bid.

 

Council Member McKenzie said that other providers can provide the upgrade services.

 

Motion carried.

RESULT:              CONTINUED [UNANIMOUS]

MOVER:              Hillary Schieve, Mayor

SECONDER:              Paul McKenzie, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.7              Staff Report (For Possible Action): Approval to purchase Traffic Signal Vibro-Tactile (ADA) Pedestrian Push Buttons and associated equipment from Advanced Traffic Products in accordance with NRS 332.115 (c) and (d), in an amount not to exceed $99,707. (Community Development Block Grant Funds)  1:50 PM

Recommendation: Staff recommends Council approval to purchase Traffic Signal Vibro-Tactile (ADA) Pedestrian Push Buttons and associated equipment from Advanced Traffic Products in accordance with NRS 332.115 (c) and (d), in an amount not to exceed $99,707, and authorize the City Manager or her designee to sign the purchase order.

Proposed Motion:  I move to approve staff recommendation.

THIS ITEM WAS PULLED FOR DISCUSSION.

 

Council Member Duerr asked if this was budgeted to come from the Community Development Block Grant (CDBG) fund.

 

John Flansberg, Director of Public Works, said that $100,000 was budgeted for this purpose as part of the Fiscal Year 2017-2018 budget process.

 

Council Member Duerr and Kurt Dietrich, Public Works Associate Civil Engineer, discussed details with respect to the equipment, including volume adjustment features.

 

Discussion ensued regarding the process of choosing locations for the installation of pedestrian push buttons.

 

The Council upheld the staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.8              Staff Report (For Possible Action): Authorization for the Reno Police Department to apply for the 2017 Formula Justice Assistance Grant from the U.S. Department of Justice, approval of the Interlocal Agreement for the use of the 2017 Justice Assistance Grant funds and authorization to sign the required FY 2017 Certification of Compliance with 8 U.S.C. § 1373 and the Certifications and Assurances documents in the amount of $131,170.  1:24 PM

Recommendation:  Staff recommends authorization for the Reno Police Department to apply for the 2017 Formula Justice Assistance Grant from the U.S. Department of Justice in the amount of $131,170, approval and authorization to sign the Interlocal Agreement for the use of the 2017 Justice Assistance Grant funds, and authorization to sign the required FY 2017 Certification of Compliance with 8 U.S.C. § 1373 and the Certifications and Assurances

Proposed Motion:  I move to approve staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.9              Staff Report (For Possible Action): Acceptance of Grant Award from the Nevada Division of Public and Behavioral Health, Substance Abuse Prevention and Treatment Agency, Substance Abuse Prevention and Treatment State Prevention Infrastructure Funds via Join Together Northern Nevada (JTNN) to the City of Reno Police Department ($14,400) for party car patrols and City of Reno Code Enforcement ($8,640) for Social Host Ordinance compliance to enforce underage drinking laws for total grant awards in the amount of $23,040.  1:58 PM

Recommendation:  Staff recommends Council acceptance of a grant awards from the Nevada Division of Public and Behavioral Health, Substance Abuse Prevention and Treatment Agency, Substance Abuse Prevention and Treatment State Prevention Infrastructure Funds via Join Together Northern Nevada (JTNN) to the City of Reno Police Department ($14,400) for party car patrols to enforce underage drinking laws and to the City of Reno Code Enforcement ($8,640) for Social Host Ordinance compliance and authorize the Police Chief and Code Enforcement Manager to sign the respective grant documents.



Proposed Motion:  I move to approve staff recommendation.

THIS ITEM WAS PULLED FOR DISCUSSION.

 

Council Member Brekhus and Jason Soto, Reno Police Chief, discussed an expansion of the program to address issues city-wide.

 

It was moved by Council Member Brekhus, seconded by Council Member Bobzien, to uphold the staff recommendation with the understanding that the program will be expanded to address issues city-wide.

 

Motion carried.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jenny Brekhus, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.10              Staff Report (For Possible Action): Approval to utilize Scott's PPE Recon, Inc. for the care and maintenance of fire fighter personal protective equipment - turnouts for the Reno Fire Department pursuant to NRS 332.115(1)(c) in an amount not to exceed $75,000. (General Fund)  1:24 PM

Recommendation:  Staff recommends Council approval to utilize services provided by Scott’s PPE Recon, Inc. for the care and maintenance of personal protective equipment - turnouts, for an amount not to exceed $75,000 in accordance with NFPA 1851 and NRS 332.115(1)(c), and authorization for the Fire Chief to sign the purchase order(s).

Proposed Motion:  I move to approve staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

B.11              Staff Report (For Possible Action): Approval to purchase firefighter personal protective equipment – turnouts and other related equipment for the Reno Fire Department utilizing the National Purchasing Partners, LLC Contract #00000168 with Municipal Emergency Services, Inc. pursuant to NRS 332.195 in an amount not to exceed $450,000. (General Fund)  1:24 PM

Recommendation:  Staff recommends City Council approve the use of the National Purchasing Partners, LLC Contract #00000168 for the purchase of fire turnouts and fire related equipment from Municipal Emergency Services, Inc. in accordance with NRS 332.195, in an amount not to exceed $450,000, and authorize the Fire Chief to execute the necessary purchase orders.

Proposed Motion:  I move to approve staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

C              Cash Disbursements   

C.1              Staff Report (For Possible Action): Acceptance of Cash Disbursement Reports for Aug 6 through Aug 26, 2017.  2:00 PM

Recommendation:  Staff recommends to accept the attached Cash Disbursements Reports

Proposed Motion:  I move to approve staff recommendation.

Council Member McKenzie made the following disclosure:

“Fellow City Council Members and Madam Clerk, in the interests of full transparency, I am disclosing the fact I manage Carville Parks Apartments on behalf of the Building Trades Council Development Corporation (BTCDC).  Two current residents of Carville Parks Apartments receive rental assistance from the State of Nevada’s Low-Income Housing Trust Fund (LIHTF) program.  Acting as a conduit, the City disburses those payments on behalf of the State of Nevada.  The payments ultimately benefit my employer, BTCDC, owner and landlord of Carville Parks Apartments.  Today I note that there is a $25.00 deposit in the LHTF Grants to Carville Park Apartments.  I have consulted with the City Attorney’s Office, and have concluded that the independence of judgment of a reasonable person in my situation would not be materially affected by my commitment in a private capacity to BTCDC.  Madam Clerk, please accept this disclosure and lodge it on the record for this meeting and subsequent meetings pertaining to this agenda item.”

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Neoma Jardon, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

D              Proclamations   

D.1              Proclamation recognizing David Apkarian, American Airlines employee, for his kindness and compassion assisting a passenger in need at the Reno Tahoe International Airport - Ruth Hightower, American Airlines General Manager, Reno Tahoe International Airport.  1:16 PM

The proclamation was made.

E              Presentations   

E.1              Vision Zero Pedestrian Safety Program to reduce pedestrian fatalities - Erin Breen, Director, UNLV's Vulnerable Road Users Project.  2:02 PM

The presentation was made.

E.2              Truckee Meadows Regional Planning Agency (TMRPA) 2017 Truckee Meadows Regional Plan Update - Kim Robinson, Executive Director, TMRPA.  2:27 PM

The presentation was made.

F              Public Hearings - 1:00 PM (Items scheduled to be heard at a specific time will be heard no earlier than the stated time, but may be heard later.)   

F.1              McCarran/Sutro Master Plan and Zoning Map Amendments   

F.1.1              Staff Report (For Possible Action): Case No. LDC17-00060 (McCarran/Sutro Master Plan and Zoning Map Amendments) Request for: 1) Master Plan amendment on ±7.61 acres from Mixed Residential to Urban Residential/Commercial and 2) zoning map amendment on ±1.71 acres of Industrial (I) and ±1.66 acres of Multifamily - 21 dwelling units per acre (MF21) to ±3.37 acres of Community Commercial (CC).  The site is located on the northeast corner of the North McCarran Boulevard/Sutro Street intersection.  This item was continued from the August 9, 2017 City Council meeting. [Ward 4] 3:43 PM

Recommendation:  The Planning Commission recommends Council adopt the requested Master Plan amendment by resolution and zoning map amendment by ordinance.

Proposed Motion:  I move to uphold the recommendation of the Planning Commission.

Master Plan Amendment

I move to adopt Resolution No. ____________.

Zoning Map Amendment

First Reading:  I move to refer Bill No. __________ for a second reading and adoption.

A RECESS WAS CALLED AT 2:37 P.M. AND UPON RECONVENING AT 3:43 P.M. COUNCIL MEMBERS DUERR AND JARDON WERE ABSENT.

 

Mayor Schieve called for public comment.

 

Ken Krater, 901 Dartmouth Drive, applicant, discussed the merits of the proposed Master Plan and zoning map amendments, and his commitment to address traffic issues associated with the project.

 

COUNCIL MEMBER JARDON PRESENT AT 3:44 P.M.

 

COUNCIL MEMBER DUERR PRESENT AT 3:45 P.M.

 

Council Member McKenzie requested that the item be continued for 60 days.

 

Council Members Brekhus and Delgado said that they would expect the applicant to address safety concerns at the next meeting.

 

City Clerk Turney clarified that this item, at the request of the Council, will be continued to 1:00 p.m. on November 15, 2017.

 

THIS ITEM WAS CONTINUED TO 1:00 P.M. ON NOVEMBER 15, 2017.

RESULT:              CONTINUED [UNANIMOUS]

MOVER:              Paul McKenzie, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

F.1.2              Resolution No. : Staff Report (For Possible Action): Resolution No. ________ Case No. LDC17-00060 (McCarran-Sutro Master Plan and Zoning Map Amendments) Resolution to amend Resolution No. 5673 by adopting a change to the Land Use Plan of the Reno Master Plan as approved in Case No. LDC17-00060. [Ward 4] 3:45 PM

THIS ITEM WAS CONTINUED TO 1:00 P.M. ON NOVEMBER 15, 2017.

RESULT:              CONTINUED

F.1.3              Staff Report (For Possible Action): Ordinance Introduction - Bill No. ________ Case No. LDC17-00060 (McCarran/Sutro Master Plan and Zoning Map Amendments) Ordinance to amend Title 18, Chapter 18.08 of the Reno Municipal Code, entitled "Zoning", rezoning a ±3.37 acre site located on the northeast corner of the North McCarran Boulevard/Sutro Street intersection from ±1.71 acres of Industrial (I) and ±1.66 acres of Multifamily - 21 dwelling units per acre (MF21) to ±3.37 acres of Community Commercial (CC); together with other matters properly relating thereto. [Ward 4] 3:51 PM

THIS ITEM WAS CONTINUED TO 1:00 P.M. ON NOVEMBER 15, 2017.

RESULT:              CONTINUED

G              Ordinances - Adoption   

G.1              Staff Report (For Possible Action): Ordinance Adoption - Bill No. 7006 Case No. TXT17-00007 (Off-Premise Advertising Displays) Ordinance amending the Reno Municipal Code Title 18, “Annexation and Land Development,” by adding certain wording to and deleting certain wording from Chapter 18.16, “Signs,” Article II: “Off-Premise Advertising Displays” to: (1) prohibit the construction of digital off-premise advertising displays, including light-emitting diode (LED), (2) remove the ability to issue banked receipts for demolished off-premise advertising displays, and (3) temporarily prohibit the use of some banked receipts issued prior to October 24, 2012, 2012; together with other matters properly relating thereto.  3:52 PM

Recommendation:  Staff recommends Council adoption of Ordinance No. _____.

Proposed Motion:  I move to adopt Ordinance No. ______.

Council Member Bobzien made the following disclosure:

"Fellow City Council Members and Madam Clerk, before we go any further on the this item, NRS 281A.420 requires me to disclose a conflict of interest and abstain from voting on this item.  In the interests of full transparency, I am disclosing the fact that my wife, Julie Bobzien, is the Executive Director of Volunteer Attorneys for Rural Nevadans (VARN), a nonprofit organization providing pro bono legal services to victims of domestic violence and low income residents of rural Northern Nevada.  My wife reports to the VARN Board of Directors.  Severin Carlson serves on the VARN Board of Directors, and Mr. Carlson also represents and lobbies on behalf of interested parties in this case.  I have consulted with the City Attorney’s Office, and have concluded that the independence of judgment of a reasonable person in my situation would be materially affected by this significant pecuniary interest, and because this is a clear case of a disqualifying conflict of interest, I am going to be abstaining from voting in this matter.  Madam Clerk, please accept this disclosure and lodge it on the record for this meeting and subsequent meetings pertaining to this agenda item."

 

COUNCIL MEMBER BOBZIEN ABSENT AT 3:53 P.M.

 

The Mayor called for public comment.

 

Lori Wray, 2802 Outlook Drive, on behalf of Scenic Nevada, stated her support for the ordinance.

 

John Hara submitted online public comment in support of the ordinance.

 

Council Member Duerr made the necessary findings.

 

Bill No. 7006, Ordinance No. 6436, was passed and adopted.

RESULT:              ADOPTED [6 TO 0]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon

RECUSED:              David Bobzien

H              Resolutions   

H.1              Resolution No. 8418: Staff Report (For Possible Action): Resolution No. ________ Resolution accepting streets - Damonte Ranch Village 7, Declan Drive, Colgan Court, Berkich Court, Cecile Drive, Cecile Court and Gabrielle Way (FNL15-00012). [Ward 2] 3:57 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

COUNCIL MEMBER BOBZIEN PRESENT AT 3:58 P.M.

 

Resolution No. 8418 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

H.2              Resolution No. 8419: Staff Report (For Possible Action): Resolution No. ________ Resolution accepting streets – Esplanade at Damonte Ranch Village 24-C Unit 1, a portion of Wind Ranch Road (FNL12-00007). [Ward 2] 3:58 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8419 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

H.3              Resolution No. 8420: Staff Report (For Possible Action): Resolution No. ________ Resolution accepting streets – Esplanade at Damonte Ranch Village 24-C Unit 2, a portion of Wind Ranch Road and a portion of Dark Horse Road (FNL15-00007). [Ward 2] 3:59 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8420 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

H.4              Resolution No. 8421: Staff Report (For Possible Action): Resolution No. ________ Resolution accepting streets – Pine Bluff Unit 1, Trembling Pine Way and portions of Whispering Pine Loop (FNL16-00012). [Ward 1] 3:59 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8421 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jenny Brekhus, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

H.5              Resolution No. 8422: Staff Report (For Possible Action): Resolution No. ________  Resolution accepting streets – Washoe County Medical Examiners Parcel Map, a portion of East Eighth Street (PAR16-00006). [Ward 3] 4:00 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8422 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              Neoma Jardon, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

H.6              Resolution No. 8423: Staff Report (For Possible Action): Resolution No. ________ Resolution accepting streets – View Crest Estates (Tract Map 2469), a portion of West Huffaker Lane and Del Monte Lane. [Ward 2] 4:00 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

At Council Member Duerr's request, Janelle Thomas, Community Development Senior Civil Engineer, provided an overview of the staff report.

 

Council Member Duerr and John Flansberg, Director of Public Works, discussed details of the proposed acceptance of streets.

 

Resolution No. 8423 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Paul McKenzie, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

H.7              Resolution No. 8424: Staff Report (For Possible Action): Resolution No. ________ Resolution designating the City of Reno Police Department as the Internet Sales Completion Site Pursuant to AB 297 (2017 Legislative Session).  5:44 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

THIS ITEM WAS HEARD AFTER ITEM J.4.

 

A RECESS WAS CALLED AT 5:07 P.M. AND UPON RECONVENING AT 5:44 P.M., COUNCIL MEMBER DUERR WAS ABSENT.

 

Jason Soto, Reno Police Chief, provided an overview of the staff report and the provision of a safe zone for the community to conduct internet and Craig's List sales.

 

COUNCIL MEMBER DUERR PRESENT AT 5:46 P.M.

 

Council Member Bobzien requested that staff collect data on how and how often the site is used.

 

In response to a question from Council Member Delgado, Chief Soto stated that transactions at the site will not be monitored by the Reno Police Department.

 

Resolution No. 8424 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              David Bobzien, Councilmember

SECONDER:              Oscar Delgado, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

I              Ordinances - Introduction   

I.1              Staff Report (For Possible Action): Ordinance amending the Reno Municipal Code Title 12, “public works and utilities,” Chapter 12.16 “sewer service” - Section 12.16.010 to amend the definition of industrial user to add a definition of vacancy; to amend Sections 12.16.120, 12.16.130 and 12.16.200 to add the reference to the fee resolution for the CPI adjustment; to amend in Section 12.16.120 a note as to the billing rate for multi-family; to update the billing period to quarterly in Section 12.16.130; and to amend Section 12.16.610 as to Class IV category of industrial users; together with other matters properly relating thereto.  4:08 PM

Recommendation:  Recommendation:  Staff recommends Council referral of Bill No._______   second reading and adoption.

Proposed Motion: First Reading: I move to refer Bill No. _________ for a second reading and adoption.

John Flansberg, Director of Public Works, discussed a minor change to Section 4 regarding the terms "annual" and "quarterly."

 

Bill No. 7007 was referred for a second reading and adoption.

RESULT:              FIRST READ [UNANIMOUS]

MOVER:              David Bobzien, Councilmember

SECONDER:              Paul McKenzie, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

J              Standard Department Items   

              Community Development

J.1              Staff Report (For Possible Action): Discussion and potential approval of the transfer of a pawnbroker license from Horseshoe Jewelry and Loan, Gregory Landrus, 229 North Virginia Street, Reno, NV to AA Pawn, Joan Mack, 300 North Virginia Street, Reno, NV.  1:23 PM

Recommendation:  Staff recommends approval.

Proposed Motion:  I move to approve staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Neoma Jardon, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

J.2              Staff Report (For Possible Action): Presentation, update and potential direction to staff on the proposed adult business ordinance amendments. [6:00PM Time Certain]  7:04 PM

Recommendation: In adopting the proposed adult business ordinance amendments, Council is relying on caselaw, secondary effects studies, scholarly literature, and expert testimony discussed and attached to this staff report. The enactment of the proposed amendments will seek to mitigate the identified secondary effects on the surrounding areas associated with the current location of adult businesses within the City of Reno. Accordingly, staff recommends Council accept the staff report and direct staff to move forward with the Staff #1 Recommendations as shown on the RMC Title 18 Chart Options, and the remaining proposed revisions within Titles 4, 5, 8 and 18 as described in the staff report.

Proposed Motion: I move to approve staff recommendation.

THIS ITEM WAS HEARD AFTER ITEM M.1.

 

COUNCIL MEMBER BREKHUS ABSENT AT 7:04 P.M.

 

Chandeni Sendall, Deputy City Attorney, provided a detailed overview of the proposed adult business ordinance amendments, including information regarding the Secondary Effects doctrine.

 

COUNCIL MEMBER BREKHUS PRESENT AT 7:07 P.M.

 

Claudia Hanson, Community Development Planning Manager, provided a detailed overview of the public outreach and existing adult business locations portions of the staff report.

 

Ms. Sendall discussed the federal restrictions and case law; adult business secondary effects; related secondary effects (alcohol, signage, location and expert findings); and Washoe County, Reno and Sparks' adult business regulations.  She also provided a detailed overview of the current adult business regulations.

 

Council Member Jardon and Ms. Sendall discussed relocation issues related to the Wild Orchid, the fact that the attorneys relied primarily on non-local case studies and local community input, and secondary effects issues related to adult businesses and marijuana facilities.

 

Council Member Jardon asked if the City has a uniform enforcement process and procedure related to the findings of any illegal or disallowed activities and the actions that the City can or will take when those activities are confirmed.

 

Jason Soto, Chief of Police, replied that the City does have a uniform enforcement process and procedure in place.

 

Michael Chaump, Business License Manager, said that the Business License Division also has a uniform process and procedure in place.

 

Mayor Schieve asked how it is that only one of the adult businesses in Reno is located in an industrial area, and Ms. Hanson replied that there were no schools in the area when the business was established.

 

Mayor Schieve and Chief Soto discussed calls for police service at local adult businesses.  Chief Soto noted that one location has the same address as a hotel that is behind it.

 

Mayor Schieve and Ms. Hanson discussed existing signs, some of which are permitted and some of which are not.  Ms. Hanson said that there is not yet a complete inventory of signs.  Ms. Hanson noted that the freestanding sign at the Wild Orchid was permitted, and that no digital signs are allowed in the industrial zone.

 

Council Member Jardon and Ms. Hanson agreed that the City has an obligation to rectify any illegal activities that are occurring in any business in the City of Reno.

 

Mayor Schieve asked why alcohol in casinos is not regulated and Ms. Sendall explained that calls for service are weak in correlating crime, and the doctrine of secondary impacts only applies to adult businesses and not to casinos.  The casino industry is regulated by the Gaming Control Board, which regulates both the gaming and non-gaming activities of casinos.  There is nothing comparable for adult businesses.

 

Council Member Delgado asked if some of the current issues occur as a result of the location and would be resolved were the adult businesses to be moved into industrial areas.

 

Ms. Sendall said that the impact of the businesses on the surrounding area would be decreased were they properly zoned.  She emphasized that what is being proposed here is a land use (i.e., zoning) change.

 

Council Member Delgado requested that staff identify when the charter school near Show Girls of Reno was established, and when Show Girls of Reno was established.  He and Ms. Hanson discussed residential adjacency requirements, and Ms. Hanson noted that as non-profits charter schools are not required to obtain a business license or a building permit, so the City does not always know they are there.

 

Council Member Brekhus discussed the policy basis for the staff recommendations, and the investment framework the City is trying to develop in downtown Reno, as well as the community character issues such as what  sort of blend we would like to see in this new redeveloped urban environment.  Ms. Brekhus referred to slide 14 in the power point presentation and attachment 9 to the staff report.  She said that one of the reports was specific to Nevada, and asked who commission the study.  Ms. Sendall replied that she did not know who commissioned the study in question.

 

Council Member Brekhus disclosed that when she was briefed by legal staff she was informed that staff had commissioned a private investigator to go into the licensed businesses and observe activities there.  She questioned whether that report was included in the 522-page attachment, noting that she did not get a copy of the report; she was just informed of it.

 

Ms. Sendall stated that the report was commissioned under an attorney/client privilege basis in anticipation of litigation.

 

Council Member Brekhus said, so it is not part of the public record, it is an attorney/client document.  She said she thought it was primary research the City had conducted because we are relying on Texas and New York City's research.  She asked if it is a land use report, a crime impact report, expert's report or anecdotal data.  I got from it that there were observations made, not at an evidence level but at an observation level, of a lot of these secondary effects we are talking about.  Perhaps victimization of patrons, victimization of employees, and activity rising to a criminal level.  I do not know if that is a topic we are discussing here tonight, but to me that briefing was important, it is background information and is important to me in this discussion.

 

Karl Hall, City Attorney, said that the report is privileged and is not part of the public record.  The presentation that was made tonight is based on secondary effects and Council direction.  In preparation for litigation, we did some further investigation.

 

Council Member Brekhus apologized for divulging the information, and asked if the information was anecdotal or expert surveillance information.

 

Mr. Hall said that the information was based on observations.

 

Council Member Brekhus asked if the information in the report is specific enough to build secondary effects specific to establishments, and Mr. Hall replied that the information on the record supports secondary effects.  Any action that the Council would entertain in terms of zoning or other recommendations has been provided as options.

 

Council Member Brekhus and Ms. Hanson discussed the types of signs that are allowed in the Industrial District, and the possibility of placing a cap on the number of adult businesses.  Ms. Hanson said that placing a cap would be problematic.

 

Council Member Bobzien discussed the recent study conducted in Reno by the Urban Land Institute (ULI), their recommendations, and the degree of community engagement in the process.  He said that he considered the anecdotal information contained in the report as valuable to this discussion.

 

Bill Thomas, Assistant City Manager, said that the city-funded ULI study was specifically to have nationally known experts examine the issue of connecting the University of Nevada to the Convention Center, and ULI's recommendations were specific to Virginia Street.  The nature and characteristics of the businesses in Midtown today as opposed to 20 years ago are what is driving the conversation.  Land use is fluid and a community changes over time.

 

Mayor Schieve questioned whether women would be allowed to go fully nude if a club's right to service alcohol is removed.

 

Ms. Sendall said that Clark County code currently allows two types of strip clubs -- juice bars that allow no alcohol and are fully nude, and those that allow semi-nudity and alcohol.  Taking away the alcohol does not give one the right to change the nude or semi-nude nature of the business.  It is a policy question and is not in any federal or state law.

 

Ms. Hanson said that the issue regarding alcohol was clarified numerous times at the stakeholders' meetings.

 

Council Member Jardon and Ms. Sendall agreed that the relocation issue must be a global directive and not a site-specific directive, and Ms. Hanson stated that one cannot write an ordinance that is specific to one parcel; it would be spot zoning.  The issue must be addressed citywide and is based on what is best for the entire community.  Ms. Sendall said that all of the non-conforming locations in are Redevelopment Areas 1 and 2 (RDA1 and RDA2).

 

Council Member McKenzie and Ms. Sendall discussed staff recommendations regarding distance requirements between performers and patrons, video surveillance, etc., and agreed that moving the businesses to another location will not address the secondary effects of these businesses.

 

Council Member Duerr discussed the various state liquor and smoking laws, and how the community drives the conversation on how to move forward.  We should not have adult businesses attached to hotels, or allow adult businesses to have private rooms that help circumvent our laws.  We need to ensure that the rules can be monitored and regulated.  We can rely on case law, and staff has provided that for us.

 

Council Member Brekhus discussed the importance of advancing First Amendment protective rights, and she and Jonathan Shipman, Assistant City Attorney, discussed whether the City has any obligation to any property owner or license holder under the Reno Transportation Rail Access Corridor (ReTRAC) relocation agreement (e.g., the Men's Club of Reno). 

 

Mayor Schieve called for public comment.

 

Bob Cashell, former Mayor of Reno, provided a brief history of the land trades the City had to make to get baseball in Reno, including an agreement with the owner of the property on which the Men's Club of Reno is currently located.

 

The following individuals spoke in support of the proposed ordinance amendments: 1) Mike Kazmierski, kazmierski@edawn.org, online public comment; 2) Jeff Gorelick, 655 Juniper Hill Road; 3) Kelly Roper, 6454 Brookview Circle; 4) Derrick Johnson, 1970 Applegate Road; 5) Jana L. Johnson, 1970 Applegate Road; 6) Melody Holland, 5861 Royal Vista Court; 7) Kasia Klaus, 1648 Lone Oak Trail; 8) Marissa Crock, 45 Killington Court; 9) Melissa Holland, no address provided; 10) Kim Marsh Guinasso, 11210 Vincent Lane; 11) Ken Krater, 901 Dartmouth Drive; and 12) John Schroeder, 17900 Mockingbird Drive.

 

The following individuals spoke in opposition to the proposed ordinance amendments: 1) Norm Robins, nlhwizard@cs.com; 2) Mark Thierman, 7287 Lakeside Drive, representing the Keshmiri Group; 3) Candy Greene, 5090 Eldorado; 4) James Gast, 4700 Hyde Park Court, representing the Men's Club of Reno; 5) Dave Matzen, 6062 Bankside Way; 6) Mark Wray, 608 Lander Street, attorney representing the Men's Club of Reno; 7) Gregory Rocke, 9727 Northrup Drive; 8) Brian Lee, no address provided; 9) Jim Gallaway, 50 North Sierra Street #1011; 10) Nick Vander Poel, 1575 Delucchi Lane, Suite 115, attorney representing the Keshmiri Group; 11) Deidra Enlo, 4650 Sierra Madre, representing Fantasy Girls; 12) Khalid Ali, 1435 East 4th Street; 13) David E. Jackson, 4900 Ellis Street; 14) Aquila Nelson, 549 Casazza Drive; 15) Ann Silver, 449 South Virginia Street, representing the Chamber of Commerce; 16) Kieran Hill, 4621 West Hidden Valley; and 17) Doc Easterday, 235 Lake Street, Room 22. 

 

Emily Loftus, 1542 Wyoming Court, said that the needs of the dancers should be considered.

 

The following individuals presented Public Comment Forms in favor of the proposed ordinance amendments, but did not wish to speak: 1) Catherine Leon, 2885 Watervale Drive, Sparks; 2) Joshua Hartzog, 2885 Watervale Drive, Sparks; 3) Kristie Sheltra, 1825 Dove Mountain Court; 4) Allison Gorelick, 655 Juniper Hill Road; and 5) Brandi Anderson, 600 Paso Fino Court.

 

Stephen Mollath, 6560 SW McCarran Boulevard, attorney representing The Freight House District LLC, presented a Public Comment Form in opposition to the proposed ordinance amendments, but did not wish to speak.

 

In addition to those included in the staff report, email and letters in support of the ordinance amendments were received from: 1) Pam Matteoni, matteoni@edawn.org, representing the Economic Development Authority of Western Nevada (EDAWN); 2) Gino P. Scala, gino@greatfullgardens, com, representing Great Full Gardens, Inc.; 3) Melissa Holland, mholland@awakenreno.org; 4) Mark Trujillo, mark@hubcoffeeroasters.com, owner of Hub Coffee Roasters; 5) David Spillers, david@digiprintcorporation.com, President of digiprint; 6) Blake Smith, Blake@s3devco.com, representing S3 Development Company; 7) Allison and Jeff Gorelick, allison@gorelickrentals.com, representing Gorelick Real Estate Advisors LLC; 8) Danny Read, comstock1953@gmail.com; 9) Dana Dean, deandan@kellyservices.com, District Manager of Kelly Services; 10) Becky Stidham, BStidham@clarkandassoc.com, President of Clark & Associates of Nevada, Inc.; 11) Christopher Garrison, chris@oldworldcoffee.co, owner of Old World Coffee Lab; 12) Alexandra Wise, mrsdavidwise@gmail.com; 13) Maryanna Petre, mpandmp@sbcglobal.net; 14) Linda Bucciachio, cardiokickfit@outlook.com; 15) Par Tolles, par@tdcnv.com, Principal of Tolles Development Company; 16) Joe Lawrence, joe@signsreno.com, representing SilverBlu Signs & Media; 17) Alishia Wolcott, alishiawolcott@gmail.com; 18) Eric Raydon, eraydon@marmotproperties.com, Managing Member of Marmot Properties LLC; 19) Darrell Clifton, DClifton@circusreno.com, President, Regional Alliance for Downtown; and 20) Craig Parish, representing Living Stones Church Reno, info@lschurches.com.

 

In addition to those included in the staff report, emails and letters in opposition to the ordinance amendments were received from: 1) Ken Bell, kenbell80@att.net, Manager of the Wild Orchid; and 2) a position letter of concern from the Reno-Sparks Chamber of Commerce.

 

Council Member Jardon discussed the importance of the revitalization of downtown Reno and of applying equal application of the law to all.  She stated that, as with any other business, if the adult businesses are doing anything illegal, the issue(s) should be addressed by Code Enforcement, the Reno Police Department and the City Council.  She noted her hesitation to head down this road without local data to support it, and mentioned the opposition to the changes voiced by the Reno Sparks Chamber of Commerce.  If this gives them pause, it gives me great pause as well.

 

Council Member Jardon suggested moving forward with the staff recommendation with the exception of the relocation piece, and asked if that motion would be too broad for staff.

 

Ms. Hanson said that staff could move forward with that direction.  We can go through any portion of the options; most are in Title 18.  The Reno City Planning Commission will then examine the ordinance and make recommendations to the Council.

 

Mayor Schieve suggested that all employees of the adult businesses be required to take an alcohol awareness class.

 

In response to The Chamber's concerns, Council Member McKenzie said that these are businesses that are already nonconforming, and the idea that we are going to change zoning codes and try to relocate other businesses that we might not like is a bit of a stretch.  The community has been vocal in their view of the effects these businesses have on the surrounding area.  Our zoning ordinances stipulate that adult businesses have to be in industrial areas.  There are more things that have to be done -- and staff has been diligent in outlining those things -- to ensure that these clubs conform to current code regardless of where they are located.  No violations of the law should be allowed to occur.  I believe we should move forward with the amendments to address the nonconformance of these businesses as proposed by staff, and we should move forward with changing the ordinance to ensure that there is better conformance to current code.

 

Council Member Brekhus said that she also supports the staff recommendation.  We are here tonight to discuss if we want to set new policy.  Administration of the code, administration of other laws, is not here before us tonight.  Secondary effects may have tipped the scale, but our manager is in charge of that.  That is an administrative duty we have to task her with.  We need to focus on whether we want to adopt these policies and have them come back in ordinance form or not.  I am comfortable with moving in that direction.  It is a way to implement some of the policy bases that we have begun.  I appreciate the concern that this may be heavy-handed involvement, and it is pulling out a big tool, but it is a tool that we feel we have a legal basis to use and one that is used very infrequently.  However, this is the time and the place to do that.  I am supportive of a motion that would accept the staff recommendation.

 

Council Member Bobzien stated that this was one of the best staff reports he had ever seen.  It is a very complicated topic and what was laid out certainly supports much of what Council Member Brekhus just said.  This is a policy decision that is well within our means to move forward with.  The case law is there.  This is a very unique situation because of the First Amendment piece of this and the associated secondary impacts doctrine.  As much as we wanted to in our questioning and the discussion to say 'What about this and that?' and point at all these different industries, this is a very unique area we are examining.  I have great respect for The Chamber in coming forward and raising some very important issues, and I imagine it was a very fascinating conversation within the business community when you look at EDAWN's perspective on this and The Chamber's perspective on this.  However, I will say that the slippery slope that is certainly a natural one for people to point out has some pretty serious limits here based on what we heard from staff, and certainly as Mr. McKenzie pointed out with the nonconforming use.  I think it is important to understand what the possible action is here.  This is a multi-step process.  The staff recommendation in our packet is to accept the report and direct staff to prepare the ordinances.  Nothing happens tonight.  This is moving the process forward.  I do think there were some very interesting dynamics related to one particular business that we need to examine, and that is the Men's Club situation.  We definitely have some things we have to figure out, and we need answers on that particular issue.  That is a business contractual right that we need to address.  But other than that, while I would like to hear more from Council Member Jardon, I am at this point comfortable with the staff recommendation.

 

Council Member Delgado said that the City has a process for approving alcohol licenses and a process for revoking them if the conditions of approval are not being met.  The signage issue addressed in the staff report has opened up a larger issue within the community, and we have to deal with that.  What staff presented today is something to move forward with and, since our Vice Mayor initiated this conversation, I am looking to her to see where she sees this going from this point forward.

 

Council Member Duerr stated that it is a new day in Reno.  I am supportive of the staff recommendation, and I am very interested in bringing the businesses into conformance.  I am also interested in making specific changes in the building code.  It is almost more important to me than where the businesses live that they are following the regulations that have been set forth.  That to me is extremely important.  Anything we can do to that end -- to lay out what the standards are and what is to be expected and that we enforce those standards -- is super important to me.  The devil is in the details of something like this, and I would just say that I do believe that six months is too short to effect a change of this magnitude.  When staff comes back with wherever we end up, I think we should be looking at a longer time frame.  It is like turning on a dime; it is too quick.  I am not sure about making people move.  First, I think it is more important to bring them into compliance.  We have the sign ordinance.  I am pleased that the Wild Orchid, un-requested here today, announced that they are taking down their sign, but I wonder if that is for right now or if that is an inducement.  It [the sign] is dark now and I hope it stays dark tomorrow, regardless of what we do here today.  I will support wherever Vice Mayor Jardon leads us on this, but when we get into the details of what our staff is going to bring to what and us we will have to have some debate about the how, how long.

 

Council Member Jardon said that where all this started was by putting a moratorium on adult entertainment just like we put a moratorium on other businesses.  Do we want more of something or do we want less of it?  How do we freeze something so we can study it?  That is what I envisioned this all being.  How are we collecting data to evaluation the situation?  I don't know that I am fully comfortable here tonight that we, on a local basis, collected enough data for me to say 'move them out' and that somehow that is going to keep anything that is going on internally from happening.  I am not there tonight.  What I would like to see staff come back with a full report on all activities that are occurring, what processes are applicable here, and how we can institute that -- how we are moving forward and how all that lays out.  Wherever this resides, we have to understand that adult entertainment is legal in the state.  How do we curb any illegal or unauthorized behaviors if they are found to exist?  How are we putting in place a business-operation improvement plan wherever this ultimately does or does not reside?  I do not feel that was answered here tonight.

 

Council Member Jardon asked what happens when, for instance a bar continues to serve alcohol to minors.  How are we enforcing that?  What is the criteria for enforcement when it comes to their license?  If you continually serve alcohol to a minor, what ultimately happens?

 

Joe Henry, Senior Code Enforcement Officer, said that when we get reports of a bar selling alcohol to minors, the Reno Police Department conducts a sting whereby an undercover person attempts to buy alcohol at the bar.  If the bar sells alcohol to the undercover person, the owner is cited.  The first instance results in a fine and the second offense could result in license revocation.  No matter where these businesses go, we are going to have to look at cleaning them up.  Under Nevada Revised Statutes there are 16 different items that address the basic operational standards of adult businesses, adult interactive cabarets.  It does not really affect the other adult businesses.  Staff has recommended changes for those.  When we bring that forward we would need to have a process to address enforcement whether it be a one-strike rule where you immediately lose the license or whether it is the independent contractor that loses their license.  We will bring that forward when we bring forward the ordinance.

 

Council Member Jardon stated that she would like staff to provide more information on the process across the board with all businesses and, in particular, for adult businesses.  What is the criteria?  What do we do and do we need to define that more clearly?  What is our process when we determine that an adult business is conducting some activity that requires corrective action?  What do we do next?

 

Mayor Schieve said that all of the bad actors need to be identified, including payday lenders.

 

Ms. Hanson stated that staff would address any business activities according to their associated regulations.  Our process on any nonconformity is to refer it to the appropriate enforcement group.  If it is a building code violation we get a building official involved.  If it is a code or nuisance issue, we get Code Enforcement involved.  If it involves criminal activity, we will bring in the Police Department.  They will act according to the set process for enforcement on those issues.

 

Council Member Jardon said that is done on the basis of location, but how does that reconcile with a 'move them all out' or 'keep them all in' policy?  That is where I am struggling.  With the whole location that is then global.

 

Ms. Hanson responded by saying, 'That is a zoning issue.'  Those are two different issues.  We are going to enforce equally for any business anywhere in the City.  We will enforce no matter what the business is, and we will enforce the appropriate regulations.  Where they move is a zoning issue.  Two completely different issues.  It has been proven that it is best practice to have adult businesses in industrial districts, and the recommendation is to move forward on that.

 

Council Member Jardon said that maybe this is what staff can bring back.  Did Las Vegas have existing clubs on the strip before they were not on the strip, and how was that facilitated?  That was not answered here tonight.

 

City Manager Newby said that from a staff perspective, as Ms. Hanson said, these are two separate issues.  There is a land use issue, which is before you now, and there is an enforcement issue, which must also be present at all times.  These businesses must be up to code and they must abide by the law no matter where they are located.  Chief Soto and I have had this conversation, and I have had this conversation with staff.  We are presently, and will in the future, enforce those codes and those laws wherever these businesses may be located.  I understand the need for information on that and we can certainly bring that back to you.  Having grown up in Las Vegas I can tell you that there are only a couple of adult businesses that are not located within the industrial area.  Clark County and Las Vegas have put them there.  There are a couple of notable exceptions that I think were grandfathered in, and we can get more information on that.

 

Council Member Brekhus said that she was ready to make a motion to accept the staff recommendation with special attention to the questions asked at the table.

 

Mayor Schieve said that there was already a motion on the table from Vice Mayor Jardon, and Council Member Brekhus said that she heard a request for a lot more information, but did not hear a motion.

 

It was moved by Council Member Jardon, seconded by Mayor Schieve, to ask staff to bring back all of the ordinances related to adult businesses except the relocation piece.

 

No vote was taken on the motion.

 

Ms. Hanson requested clarification that the motion was to move forward with everything except the relocation within five or seven years.  In other words, we would move everything else forward through the standard process and bring back the relocation concept and relocation information you have requested as a separate item for council direction.

 

Council Member Jardon stated that Ms. Hanson's interpretation of the motion was correct because she does believe they are two separate things.

 

Ms. Sendall requested further clarification that the secondary effects doctrine will be used to regulate the signage and elimination of alcohol use in nonconforming areas, and Council Member Jardon said that they would still rely on the case law and the secondary effects doctrine for the signage and alcohol use limitations, whether or not you are relocating.

 

Council Member Delgado noted that there are some family-oriented businesses in the Industrial District, and asked if the motion could include bringing back information on any potential impacts on those as well.  He asked Council Member Jardon if she is in favor of the staff recommendation to annul an alcohol license after six months of a nonconforming use.

 

Council Member Jardon stated that she is in favor of moving forward with the sign piece and the alcohol piece, but not the location piece.  Let us go through the sign ordinance.  Clarify for me; do we have the capacity through the secondary effects argument to impose new augmentations to our code on the signs?

 

Ms. Hanson replied that it would be possible to do that separate and apart from the location.

 

It was moved by Council Member Jardon, seconded by Council Member Delgado, to move forward with the staff recommendation regarding the signs with the six-month stipulation.

 

Motion carried.

RESULT:              APPROVED [UNANIMOUS]

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

              Motion:  Second Motion  

It was moved by Council Member Jardon, seconded by Mayor Schieve, not to support the staff recommendation regarding alcohol.

 

Motion failed with Council Members Brekhus, Bobzien, Delgado, Duerr and McKenzie voting nay.

RESULT:              DEFEATED [2 TO 5]

MOVER:              Neoma Jardon, Councilmember

SECONDER:              Hillary Schieve, Mayor

AYES:              Hillary Schieve, Neoma Jardon

NAYS:              Brekhus, Duerr, Delgado, McKenzie, Bobzien

              Motion:  Third Motion  

It was moved by Council Member Duerr, seconded by Council Member Brekhus, to direct staff to bring back a proposal that is something longer than six months on how long nonconforming adult businesses can continue to serve alcohol.

 

At Council Member Delgado's request, Council Member Duerr clarified that her motion is to restrict alcohol sales for nonconforming adult businesses, except that it needs to be a longer period that they have to continue to serve alcohol before it is cutoff.

 

Motion carried with Council Member Jardon and Mayor Schieve voting nay.

RESULT:              APPROVED [5 TO 2]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Jenny Brekhus, Councilmember

AYES:              Brekhus, Duerr, Delgado, McKenzie, Bobzien

NAYS:              Hillary Schieve, Neoma Jardon

              Motion:  Fourth Motion  

It was moved by Council Member Jardon, seconded by Mayor Schieve, not to support the staff recommendation regarding the relocation of nonconforming adult businesses.

 

Motion failed with Council Members Brekhus, Bobzien, Delgado, Duerr and McKenzie voting nay.

RESULT:              DEFEATED [2 TO 5]

MOVER:              Neoma Jardon, Councilmember

SECONDER:              Hillary Schieve, Mayor

AYES:              Hillary Schieve, Neoma Jardon

NAYS:              Brekhus, Duerr, Delgado, McKenzie, Bobzien

              Motion:  Fifth Motion  

It was moved by Council Member Bobzien, seconded by Council Member McKenzie, to uphold the staff recommendation to prepare the ordinances for the five-year amortization for nonconforming locations.

 

Motion carried with Council Member Jardon and Mayor Schieve voting nay.

RESULT:              APPROVED [5 TO 2]

MOVER:              David Bobzien, Councilmember

SECONDER:              Paul McKenzie, Councilmember

AYES:              Brekhus, Duerr, Delgado, McKenzie, Bobzien

NAYS:              Hillary Schieve, Neoma Jardon

              Motion:  Sixth Motion  

It was moved by Council Member Delgado, seconded by Council Member Duerr, to move forward with the code enforcement recommendations proposed by staff.

 

Council Member Brekhus requested that the motion include the provision of additional information regarding the City's contractual relationship on the disposal of ReTRAC property on which the Men's Club is now located.

 

It was moved by Council Member Delgado, seconded by Council Member Duerr, to amend the motion and direct staff to: 1) move forward with the code enforcement recommendations proposed by staff, and 2) provide additional information regarding the contractual agreement with the owner of the property on which the Men's Club is currently located.

 

Motion carried unanimously.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

              Parks, Recreation & Community Services

J.3              Staff Report (For Possible Action): Approval of Exclusive Negotiating Agreement with Rosewood Lakes Sports Village, LLC for the Pembroke Recreational Complex, which includes Rosewood Lakes Golf Course. [Ward 3] 4:11 PM

Recommendation:  Staff recommends approval of an Exclusive Negotiating Agreement with Rosewood Lakes Sports Village, LLC for Pembroke Recreational Complex, which includes Rosewood Lakes Golf Course.

Proposed Motion:  I move to approve staff recommendation.

The Mayor called for public comment.

 

The following individuals spoke in support of the Pembroke agreement: 1) Mike Mazzaferri, 7150 Gazin Court; and 2) Eric Moen, 3260 Eaglewood Drive.

 

Toni Tolani, 3200 Eaglewood Drive, submitted a Public Comment Form in support of the agreement, but did not wish to speak.

 

COUNCIL MEMBER BOBZIEN ABSENT AT 4:13 P.M.

 

Council Member Delgado noted that this was the only bid received for the development, operation and maintenance of the recreational complex, and discussed issues related to the location of the proposed data center.

 

COUNCIL MEMBER BOBZIEN PRESENT AT 4:16 P.M.

 

Andy Bass, Director of Parks, Recreation and Community Services, said that the Recreation and Parks Commission recommended approval of the agreement, and staff has so far been unsuccessful in finding an alternate location for the data center.

 

Council Member Brekhus discussed the public/private partnership aspects of the agreement, as well as her concerns about the lack of information regarding the fiscal impacts of the agreement and the fact that the data center is in the floodplain.  We need a gap analysis and we need to maintain the parks that we have.  I see what the goal is, but I am not convinced that we are moving down a strategic path.

 

Mr. Bass said that this is not the final agreement, but rather an agreement that lasts for 180 days.  They will be meeting with the Neighborhood Advisory Boards (NABs), youth sports groups, Recreation and Parks Commission, and Homeowners Associations (HOAs), and will have a site plan with a description of how they plan to schedule the different sports programs.  They will have an economic study done that will hopefully answer many of those questions about the budgets and financing plans.  There will be traffic, light and noise studies, and all those things will come forward after 180 days.  The Request for Qualifications (RFQ) make it clear that there are zero dollars of public money available for this project, and the person who is successful with this has to build, maintain and operate this with their own dollars.  The developers we are working with understand that and agree to those terms.

 

Council Member Duerr stated her support for a sports complex, and disclosed that she met with Mr. Bass and the Rosewood Lakes Sports Village, LLC.  She said that she is completely opposed to building a server site in the middle of a floodplain.  A server facility has a certain size and mass, and everything that we put in the floodplain displaces water, which could exacerbate flooding for nearby residents.  I also want assurance from staff that the process will be done without the presumption that this agreement is going to be the project.

 

Council Member McKenzie discussed the importance of finding fields to support a variety of sports.  We can do this with no cost to the taxpayers, and it would fulfill a promise we made when we moved forward with the Southeast Connector that the golf course would not go away.  This is a negotiating agreement, not the final agreement, and this gives us an opportunity to work on answers to the questions.

 

Council Member Delgado reiterated the need for additional baseball, soccer, football and golf opportunities.

RESULT:              APPROVED [6 TO 1]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              Paul McKenzie, Councilmember

AYES:              Schieve, Duerr, Delgado, McKenzie, Jardon, Bobzien

NAYS:              Jenny Brekhus

              Public Works

J.4              Staff Report (For Possible Action): Presentation, discussion and potential approval of the agreement between Tahoe Reno Industrial General Improvement District, the City of Reno, and the City of Sparks as owners of the Truckee Meadows Water Reclamation Facility for delivery and use of treated effluent.  4:33 PM

Recommendation:  Staff recommends Council approve the agreement and authorize the Mayor to sign.

Proposed Motion:  I move to approve staff recommendation.

John Flansberg, Director of Public Works, provided an overview of the changes made to the agreement in response to concerns voiced at the August 23, 2017, Council meeting.

 

Council Member Bobzien thanked staff for engaging with the Pyramid Lake Paiute Tribe and The Nature Conservancy, and requested that these two entities be afforded the opportunity of regular updates and consultation throughout the process.

 

Council Member Brekhus and Mr. Flansberg discussed the ten-year termination portion of the agreement.

 

Council Member Brekhus and Paul Taggart, 108 North Minnesota Street, Carson City, representing Switch, discussed bonding and default issues.

 

Council Member Bobzien, Mr. Flansberg and Susan Ball Rothe, Deputy City Attorney, discussed how the agreement interfaces with the Truckee River Operating Agreement (TROA), and how this agreement provides flexibility in the provision of effluent water.

 

Details regarding who is responsible for repaying the bonds, the potential resale of the treated effluent water and rate-setting issues were discussed.

 

The Council upheld the staff recommendation to approve the agreement.

 

Pat Mulroy, 14 White Dog Circle, Las Vegas, presented a Public Comment Form in favor of the agreement.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Paul McKenzie, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

J.5              Staff Report (For Possible Action): Presentation, discussion and confirmation of the preferred lighting, landscaping and finishes for Virginia Street in MidTown as part of the Regional Transportation Commission's Virginia Street Bus RAPID Extension Project. [4:00PM Time Certain]  5:49 PM

Recommendation:  Staff recommends confirmation of the preferred lighting (circular dark bronze), the inclusion of planter areas, tree wells with low maintenance, visually appealing material such as cobbles or pervious pavers, seat walls and varying-width, grey stripe concrete sidewalk for the MidTown section of Virginia Street.

Proposed Motion:  I move to approve staff recommendation.

Doug Maloy, P.E., Regional Transportation Commission (RTC) Project Manager, presented the report.

 

Lee Gibson, Executive Director of RTC, answered questions posed by Council Member Brekhus regarding funding and property acquisition.

 

Discussion ensued regarding the need for RTC to work with the Reno Arts and Culture Commission to incorporate art into the project.

 

Council Member Duerr requested that RTC continue to work with the Reno Arts and Culture Commission on the project's art features; with the Urban Forestry Commission on the tree features, including the type and spacing of the trees and how they are planted; and with the Public Works Department.

 

Council Member Jardon requested that cobblestones not be used in the tree wells.

 

The Council accepted the report.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Naomi Duerr, Councilmember

SECONDER:              Neoma Jardon, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

              City Manager's Office

J.6              1035 East Eighth Street Property

J.6.1              Staff Report (For Possible Action): Discussion and potential direction to staff regarding the disposition of city-owned property at 1035 East Eighth Street (APN 008-164-20) to the Reno Housing Authority for use as an affordable housing project pursuant to NRS 277.050 – 277.053; adopt Resolution No. ________, Resolution declaring intention to sell, without charge, the City owned property located at 1035 East Eighth Street, Reno, Nevada, to the Reno Housing Authority of the City of Reno for an affordable housing project and to provide notice to the public to attend the public meeting of City Council on October 11, 2017, to provide any objection to such transfer as required by NRS 277.050 – 277.053; together with other matters properly relating thereto. [Ward 3] 6:08 PM

Recommendation: Staff recommends Council move forward with the disposition of the property located at 1035 East Eighth Street to Reno Housing Authority for the development of affordable housing pursuant to NRS 277.050 - 277-053.

Proposed Motion:  I move to approve staff recommendation.

RESULT:              WITHDRAWN

J.6.2              Resolution No. : Staff Report (For Possible Action): Resolution No. ________ Resolution declaring intention to sell, without charge, the city-owned property located at 1035 East Eighth Street, Reno, Nevada, to the Reno Housing Authority of the City of Reno for an affordable housing project and to provide notice to the public to attend the public meeting of City Council on October 11, 2017, to provide any objections to such transfer as required by NRS 277.050 – 277.053; together with other matters properly relating thereto. [Ward 3]  

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

RESULT:              WITHDRAWN

J.7              Bella Vista Parcel

J.7.1              Staff Report (For Possible Action): Public Auction of and potential acceptance of highest bid by Resolution No.________ for the sale of certain City owned real property identified as Assessor Parcel Number 165-060-01 located at the intersection of Veterans Parkway and Long Meadow Drive, Reno, NV. [Ward 3] 6:10 PM

Recommendation:  Staff recommends Council conduct the sale of the Property and either reject all bids or accept the highest bid as provided in NRS 268.062 and adopt a resolution accepting the bid.

Proposed Motion:  I move to approve staff recommendation.

Council Member Delgado made the following disclosure:

“Madam Mayor and City Council, I need to disclose the fact that I live within the Bella Vista/Corona Cyan subdivision.  On this matter, I have sought guidance from the City Attorney’s Office.  Pursuant to NRS 281A.420(4)(a), the law presumes that the independence of judgment of a reasonable person in the public officer’s situation would not be materially affected by the public officer’s significant pecuniary interest where the resulting benefit or detriment accruing to the public officer is not greater than that accruing to any other member of any general business, profession, occupation or group that is affected by the matter.  Here, while I have a significant pecuniary interest in my home, the resulting benefit or detriment accruing to my family and me from the City sale of the property will not be greater than that accruing to any other member of the general public that owns property in the Bella Vista/Corona Cyan subdivision.  The fact that I own property in the Bella Vista/Corona Cyan subdivision will not affect my ability to impartially review and render a decision upon this particular agenda item.  In light of the foregoing, the independence of judgment of a reasonable person in my situation would not be materially affected by my pecuniary interest, and because this is not a clear case of disqualifying conflict of interest, I will be voting on this matter.  Madam Clerk, please accept this disclosure and lodge it on the record for this meeting and subsequent meetings pertaining to this agenda item.”

 

Bill Thomas, Assistant City Manager, discussed the process of accepting sealed and oral bids, and provided an overview of the staff report.

 

The Mayor asked if proper notice was given.

 

City Clerk Turned stated that proper notice was given, and two bids were received within the allowable period.  She opened the bids and announced that the highest bid was from Silverado Homes Nevada, Inc. at $2,410,000, plus $2,000 in cost of sale.  Ms. Turney noted that any oral bids must come in at 5% higher.

 

Mayor Schieve asked if anyone wished to make an oral bid.  No one made an oral bid, and the Mayor closed the bidding process.

 

Council Member Delgado and Bill Dunne, Revitalization Manager, discussed details of the sale.

 

A bid of $2,410,000 was accepted from Silverado Homes Nevada, Inc.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

J.7.2              Resolution No. 8425: Staff Report (For Possible Action): Resolution No. ________ Resolution of acceptance of bid to sell certain City owned real property identified as Assessor Parcel Number 165-060-01 located at the intersection of Veterans Parkway and Long Meadow Drive, Reno, NV. [Ward 3] 6:17 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8425 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

K              City Clerk   

K.1              Citizen Appointments to Boards and Commissions   

K.1.1              Staff Report (For Possible Action): Discussion and potential appointment of one individual to the Access Advisory Committee from the following pool of applicants, listed in alphabetical order: Jack Mayes.  10:53 PM

Recommendation:  Staff recommends that the Mayor and Council make the necessary appointment as noted in the staff report.

Proposed Motion:  I move to appoint ______ to the Access Advisory Committee.

Jack Mayes was appointed to the Access Advisory Committee.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jenny Brekhus, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

K.1.2              Staff Report (For Possible Action): Discussion and potential appointment of one individual to the Ward 4 Neighborhood Advisory Board from the following pool of applicants, listed in alphabetical order:  Kathleen Eagan.  10:53 PM

Recommendation:  Staff recommends that the Mayor and Council make the necessary appointment as noted in the staff report.

Proposed Motion:  I move to appoint _______ to the Ward 4 Neighborhood Advisory Board.

Kathleen Eagan was appointed to the Ward 4 Neighborhood Advisory Board.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Paul McKenzie, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

L              Mayor and Council   

L.1              City Council Comments, including announcements regarding City boards and commissions, activities of local charitable organizations and upcoming local and community events. (Non-Action Item)  10:55 PM

Council Member Brekhus announced an upcoming meeting regarding the State's effort in designing the Main Street Program.

L.2              Staff Report (For Possible Action): Approval of the reallocation of the Council Donation Funds to the City Manager Arts, Culture and Special Events budget to offset costs associated with the Fiesta Latina cultural celebration event to be held September 23, 2017 at Reno City Plaza in the amount of $5,000. (General Fund) [Delgado]  10:55 PM

Recommendation:  Staff recommends Council approval of the reallocation.

Proposed Motion:  I move to approve staff recommendation.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              Paul McKenzie, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

L.3              Resolution No. 8426: Staff Report (For Possible Action): Resolution No. ________ Resolution donating Council Donation Funds to The First Tee of Northern Nevada to support its mission of enhancing youth development in the community through the game of golf in the amount of $1,000. (General Fund) [Delgado]  10:56 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8426 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Oscar Delgado, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

L.4              Resolution No. 8427: Staff Report (For Possible Action): Resolution No. ________ Resolution donating Council Donation Funds to Eyes for Tomorrow Puppy Raiser to assist them to continue their work focusing on puppy raising groups for Guide Dogs for the Blind in the amount of $500. (General Fund) [Schieve]  10:56 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8427 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Hillary Schieve, Mayor

SECONDER:              Neoma Jardon, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

L.5              Resolution No. 8428: Staff Report (For Possible Action): Resolution No. ________ Resolution donating Council Donation Funds to Keep Truckee Meadows Beautiful  (KTMB) to assist them to continue their work focusing on beautification, advocating for a clean community, cleanups and education in the Truckee Meadows in the amount of $1,000.(General Fund) [Schieve]  10:57 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8428 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Paul McKenzie, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

L.6              Resolution No. 8429: Staff Report (For Possible Action): Resolution No. ________ Resolution donating Council Donation Funds to the Trauma Intervention Program of Northern Nevada to support the services offered to victims of traumatic events after a tragedy in the amount of $5,000. (General Fund) [Schieve]  10:57 PM

Recommendation:  Staff recommends Council adopt Resolution No. ________.

Proposed Motion: I move to adopt Resolution No. ________.

Resolution No. 8429 was adopted.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Paul McKenzie, Councilmember

SECONDER:              Naomi Duerr, Councilmember

AYES:              Schieve, Brekhus, Duerr, Delgado, McKenzie, Jardon, Bobzien

M              Public Hearings - 6:00 PM (Items scheduled to be heard at a specific time will be heard no earlier than the stated time, but may be heard later.)   

M.1              Staff Report (For Possible Action): Ordinance Introduction - Bill No. 7005 Case No. LDC17-00049 (Sierra Senior Care PUD Amendment) Ordinance to amend Title 18, Chapter 18.08 of the Reno Municipal Code, entitled "Zoning", Section 18.08.102(b).1351, to change the text in the Planned Unit Development (PUD) Design Standards to: add a 32 bed memory care facility and an 82 bed assisted living facility as an alternative to a 48 bed memory care and a 12 unit independent living facility on the north ±3.2 acres of the ±5.09 acre PUD located in the area bounded by Mountain View Drive to the north and Beck Street to the south in the PUD zone; together with other matters properly relating thereto.  This item was continued from the August 23, 2017 City Council meeting. [Ward 2] 6:17 PM

Recommendation:  The Planning Commission recommends Council adopt the requested zoning text amendment by ordinance, subject to compliance with Condition A, which includes the changes to the PUD Development Design Guidelines.

Proposed Motion:  I move to uphold the recommendation of the Planning Commission to approve the Minute Order attached hereto as Exhibit B; and refer Bill No. _____ for a second reading and adoption.

Mayor Schieve asked if proper notice was given.

 

City Clerk Turney stated that proper notice was given and two letters in support were received from Sabine Beach, sabinebeach@gmail.com, and Carmen Gage, carmen.gage@gmail.com.  One letter in opposition was received from Anne and Paul Vohl, 2470 Plumas Street.

 

Claudia Hanson, Community Development Planning Manager, and Jeff Borchardt, Community Development Associate Planner, provided an overview of the staff report.

 

The Mayor called for public comment.

 

Carl Friedman, P.O. Box 41087, and Juanita Cox, 2965 Lakeside Drive #111, spoke in opposition to the proposed project.

 

Arline Sala, 2290 Watt Street, and Ken Krater, 901 Dartmouth Drive, spoke in support of the proposed project.  Mr. Krater also discussed the meetings that were held with area residents, and amendments that were made in the proposed project to accommodate their concerns.

 

Angela Fuss, Lumos and Associates, representing the applicant, presented a detailed overview of the proposed project, including details of the community outreach efforts.

 

Council Member Brekhus discussed her concerns regarding project density and parking, and said that she would find it difficult to make zoning map finding m and PUD findings 2, 5 and 6.

 

Council Member Duerr stated her concerns about the increase in the number of beds and daily trips.  With this increased intensity, it would be difficult for me to support having this for-profit residential use with substandard streets in this residential area.

 

Mayor Schieve asked how many public meetings the applicant held, and Ms. Fuss replied that five community meetings were held and turnout was at most approximately 15 people at one of the meetings.  The biggest concern for the people who attended the meetings was the visual access of getting out of Beck Street onto Lakeside Drive, which we have addressed with the City.  All the traffic studies show that, yes, this is infill, and yes, there will be traffic.  In any type of development there will be increased traffic, however none of the traffic counts associated with this use at this intensity increases the traffic to a point of concern.  We are not creating a level of service issue.  We are not decreasing the level of service on the roads that access this property.

 

Council Member McKenzie said that he usually defers to the Council Member in whose ward the project is proposed, and discussed ways in which the applicant has mitigated traffic, pedestrian crosswalk and roadway access issues.  He said that his main concern with putting off this type of project is the limited availability of this type of care facility.  The applicant has sufficiently addressed our concerns.

 

Council Member Delgado discussed the need for this facility, the commitment made by the applicant to mitigate concerns regarding the project, and the lack of opposition to the project at today's meeting as opposed to that presented a year ago.  I cannot see a better project for this site that the one presented here today.

 

Council Member Bobzien noted that many of the improvements were made in response to Council Member Duerr's input, and thank her for her engagement in the process.

 

Council Member Jardon stated that there has been robust neighborhood input on the project.  While I too would generally defer to the Council Member in whose ward the project is located, I believe it would be disingenuous to vote against the project after previously telling them what we would like them to do there.

 

Council Member Duerr stated that after hearing the various comments from her colleagues she was not inclined to be in the minority and make a motion to deny the project.

 

It was moved by Council Member Bobzien, seconded by Council Member McKenzie, to uphold the recommendation of the Planning Commission to approve the Minute Order attached to the staff report as Exhibit B and refer Bill No. 7005 for a second reading and adoption.

 

Council Member Brekhus discussed why she would not support the motion.

 

Motion carried with Council Members Brekhus and Duerr voting nay.  

 

Bill No. 7005 was referred for a second reading and adoption.

RESULT:              FIRST READ [5 TO 2]

MOVER:              David Bobzien, Councilmember

SECONDER:              Paul McKenzie, Councilmember

AYES:              Schieve, Delgado, McKenzie, Jardon, Bobzien

NAYS:              Jenny Brekhus, Naomi Duerr

N              Public Comment   

NO ACTION WAS TAKEN ON THIS ITEM.

O              Adjournment (For Possible Action)

THE MEETING WAS ADJOURNED AT 10:58 P.M.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Paul McKenzie, Councilmember

SECONDER:              David Bobzien, Councilmember

AYES:              Schieve, Brekhus, Delgado, McKenzie, Jardon, Bobzien

ABSENT:              Naomi Duerr