Supervisors begin process of taking over South Carson Street
October 18, 2018
The Board of Supervisors kicked off the formal process to take over South Carson Street from the state, but not before receiving assurances about a remaining issue.
The sticking point is the rights of way along the road the city will be inheriting from the Nevada Department of Transportation (NDOT).
Many of those rights of way are leased by businesses from NDOT and Carson City needs to know the status of each in order to dispose of or keep them if needed for the upcoming project to redesign and repave the street.
Supervisor Brad Bonkowski said the city wants to avoid the problems it encountered when William Street was turned over in a similar process. At least one property ran into a roadblock when it was unclear who owned or leased a right of way.
Bill Hoffman, deputy director, NDOT, said the documentation the board wanted would need to be made available in time for its own Transportation Board of Directors meeting in November, when NDOT hopes to move forward with the relinquishment process.
But, the supervisors wanted to see the documents before adopting the city's resolutions so a motion was made for staff to review the documents, and attend and comment at the NDOT board meeting, if necessary, to ensure the city had the information it needed to deal with the rights of way.
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The resolutions adopted by the board set in motion the hand off of 1.83 miles of South Carson Street, between Highway 50 west and Fairview Drive, including portions of the frontage road, as well as 1 mile of Snyder Avenue.
The board's lengthiest discussion involved the adoption of the International Fire Code, and some language of the technical document used by builders and others.
One portion concerned the repercussions for not providing defensible space that affects adjacent property. Bonkowski, as well as a Realtors representative, didn't want properties that didn't comply to be foreclosed on and thought the language was unclear.
Iris Yowell, deputy district attorney, also clarified in such a case a foreclosure wouldn't happen automatically, but would come to the supervisors for a board decision.
The board decided to table the item for work on several items.
The city will be writing an amicus brief in a case — Mineral County v. Walker River Irrigation District — before the Nevada Supreme Court. The case involves reserving water flow for Walker Lake by restricting water rights up river, if necessary, through the public trust doctrine, which says the government holds in trust for the public some resources regardless of private property ownership.
"I recommend we seriously engage in this," said Jason Woodbury, district attorney.
Woodbury said Carson City as owner of decreed water rights could be affected and the case could upend well-settled water law.
The board voted 4-1 on the first reading of an ordinance to rezone adjacent property on Appion Way and Patrick Street. The property is split zone, retail commercial and single-family 1 acre, and the applicant wants to rezone it retail commercial.
Two residents spoke during public comment concerned traffic in the area, particularly on Cochise Street, would become a problem if the property is developed for commercial use, especially in light of all the other development in the area.
The applicant, represented by Chris Baker, Manhard Consulting, agreed to realign the lots lines and to deed restrict the parcel on which a house currently sits so it would continue to be used as a residence.
Bonkowksi cast the no vote, saying the change wasn't compatible with surrounding property, which is low-density residential.
The supervisors also approved several contracts, including a $330,333.52 contract with Tahoe Pool & Spa Construction to re-plaster the Aquatic Facility pool, and a $222,406.80 contract with Navetta Theater Seating for new seats for the Bob Boldrick Theater.
For those renovations, the pool will be closed Nov. 2 to Jan. 2, and the theater will be shuttered from Dec. 17 through Feb. 7.