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

Day:         Thursday
Date:        October 1, 2009
Time:       Beginning at 8:30 a.m.
Location: Community Center, Sierra Room
                851 East William Street
                Carson City, Nevada

Agenda

1. Call to Order
2. Roll Call
3. Invocation - Rob Jennings-Teats, First United Methodist Church
4. Pledge of Allegiance
5. Action on Approval of Minutes
6. Adoption of Agenda
7. Public Comments and Discussion:

The public is invited at this time to comment on and discuss any item not on the agenda that is relevant to, or within the authority of, the Carson City Board of Supervisors, the Carson City Liquor and Entertainment Board, the Carson City Redevelopment Authority and the Carson City Board of Health. No action may be taken on a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken. Public comment during individual agenda items will be taken on the item at the time the item is called for hearing.

8. Special Presentations

A) Presentation of a proclamation to Assemblywoman Bonnie Parnell for dedicated service as state legislative representative for Assembly District 40 and Carson City.

B) Presentation of a proclamation for Domestic Violence Awareness Month.

9. Recess as Board of Supervisors

Liquor and Entertainment Board

10. Call to Order & Roll Call - Liquor and Entertainment Board

11. Action on Approval of Minutes

12. Public Works - Business License

A) Action to approve Jan and Geoffrey de Runtz as the liquor managers for Thai Spice Kitchen's dining room with beer and wine only liquor license (Liquor License #10-26839) located at 204 W. Spear St, Carson City. (Jennifer Pruitt)

Staff Summary: Per CCMC 4.13 all liquor license requests are to be reviewed by the Liquor Board.

B) Action to approve Jerry Herbst as the liquor manager for Terribles 861 packaged liquor license (Liquor License #10-26806) located at 4640 S. Carson St., Carson City. (Jennifer Pruitt)

Staff Summary: Per CCMC 4.13 all liquor license requests are to be reviewed by the Liquor Board.

C) Disciplinary action against liquor license #10-24025, held by Alvaro Brito dba San Marcos Grill located at 260 E. Winnie Ln., Carson City, Nevada, pursuant to CCMC 4.13.150. This disciplinary action is based on the issuance of a citation for a second offense criminal statute violation, within six months of the first citation issuance, related to the sale of liquor at the licensed premises. This action may include the imposition of a fine of up to $500.00 on the licensee and the requirement that the licensee and all employees selling, dispensing, or serving liquor attend the Sheriff's Office alcohol servers' training program within three months of this hearing. If the licensee and relevant employees are required to attend the alcohol servers' training program, the licensee will be required to submit a list of all employees selling, dispensing, or serving liquor to the Public Works Department, Business License Division, no later than seven (7) days from the completion of the training. If the licensee fails to submit the list of employees within seven (7) days, this matter will be rescheduled for the next Carson City Liquor Board meeting to show cause as to why further disciplinary action should not be imposed. (Jennifer Pruitt)

Staff Summary: CCMC 4.13.150 provides for the imposition of a fine of up to $500 upon the holder of a liquor license and the requirement that the licensee and all employees selling, dispensing or serving liquor attend alcohol servers' training for the second time a person is issued a criminal citation related to the sale of liquor at a licensed premises. On September 14, 2009, a second offense criminal citation related to the sale of liquor was issued at San Marcos Grill located at 260 E. Winnie Ln., Carson City, Nevada.

D) Disciplinary action against liquor license #10-16914, held by Qin Song dba Bamboo Garden located at 3747 S. Carson St, Carson City, Nevada, pursuant to CCMC 4.13.150. This disciplinary action is based on the issuance of a citation for a second offense criminal statute violation, within six months of the first citation issuance, related to the sale of liquor at the licensed premises. This action may include the imposition of a fine of up to $500.00 on the licensee and the requirement that the licensee and all employees selling, dispensing, or serving liquor attend the Sheriff=s Office alcohol servers' training program within three months of this hearing. If the licensee and relevant employees are required to attend the alcohol servers' training program, the licensee will be required to submit a list of all employees selling, dispensing, or serving liquor to the Public Works Department, Business License Division, no later than seven (7) days from the completion of the training. If the licensee fails to submit the list of employees within seven (7) days, this matter will be rescheduled for the next Carson City Liquor Board meeting to show cause as to why further disciplinary action should not be imposed. (Jennifer Pruitt)

Staff Summary: CCMC 4.13.150 provides for the imposition of a fine of up to $500 upon the holder of a liquor license and the requirement that the licensee and all employees selling, dispensing or serving liquor attend alcohol servers' training for the second time a person is issued a criminal citation related to the sale of liquor at a licensed premises. On September 14, 2009, a second offense criminal citation related to the sale of liquor was issued at Bamboo Garden located at 3747 S. Carson St., Carson City, Nevada.

13. Action to Adjourn as the Liquor and Entertainment Board

14. Reconvene as the Board of Supervisors

Ordinances, Resolutions, and Other Items

15. Any item(s) pulled from the Consent Agenda will be heard at this time.

16. Supervisor Aldean

Action to approve and authorize the Mayor to sign a letter to the Port Authority of New York and New Jersey requesting Carson City be awarded an item from the debris of the World Trade Center.

Staff Summary: The Board of Supervisors has been requested to support the community's efforts to obtain a piece of steel from the World Trade Center debris to create a memorial to serve as a remembrance to the fallen heroes and the efforts that they put forth on that tragic day of September 11, 2001.

17. Public Works

A) Action to adopt on second reading Bill No.123, an ordinance amending Title 12, Water, Sewerage and Drainage, Chapter 12.03, Sewer Connection Charges and Use Rates, Section 12.03.030, Schedule of Connection Fees and Hook-up Charges, by decreasing connection charges; and other matters properly related thereto. (Andy Burnham)

Staff Summary: Staff recommends the modification of the current method of calculating connection fees which results in a significant reduction in connection fees.

B) Action to adopt on second reading, Bill No. 124, an ordinance amending Title 12, Water, Sewerage and Drainage, Chapter 12.01, Water Connection Charges and Use Rates, Section 12.01.030, Schedule of Water Connection Charges, Lateral and Meter Box Sets, and Meter Set Fees, by reducing water connection fees; and other matters properly related thereto. (Andy Burnham)

Staff Summary: Staff recommends the modification of the current method of calculating connection fees which results in a significant reduction in connection fees.

C) Action to approve a Settlement Agreement between John C. Serpa and Carson City regarding existence of waste at old landfill. (Andy Burnham)

Staff Summary: This agreement provides for John Serpa to dispose of waste from the old Carson City municipal landfill site located off of Deer Run Road to the current landfill site located off of Flint Drive. The old landfill was closed in the 1960's and in order to develop the property for new commercial and residential uses the old landfill waste will be transported to the current landfill for final disposal.

D) Action to adopt a resolution approving of and authorize the Mayor to sign a 3-party Developer Agreement by and between State of Nevada Department of Transportation, North Carson Crossing, LLC and Carson City for removal of a portion of existing freeway sound wall along the North Carson Crossing commercial development adjacent to the Home Depot site. (Jeff Sharp)

Staff Summary: The Developer would like to remove a portion of the existing freeway sound wall in order to improve visibility to his North Carson Crossing commercial site. The hope is that the increased visibility will result in increased retail sales which will benefit the Developer, as well as the City through increased sales tax revenues. NDOT and the Developer have conducted noise studies, and have concluded that with minor modifications to the existing Home Depot wall, the freeway sound wall can be removed with little or no impact to surrounding residences. With this Agreement, the City agrees to backstop the Developer with regards to perpetual maintenance of the Home Depot sound wall. Should the Developer fail to maintain the wall, the City would perform the maintenance and then seek reimbursement from the Developer. All costs for the proposed freeway wall removal as well as modifications to the Home Depot wall will be borne by the Developer.

18. City Manager

A) Action to adopt on second reading, Bill No. 125, an ordinance amending Carson City Municipal Code Title 2 Administration and Personnel, Chapter 2.14 Carson City Audit Committee, Section 2.14.030 Composition by removing one of the Board of Supervisors from the committee, removing the Finance Director from the committee, increasing the number of Public-At-Large Members from two to four and removing the requirement that members must possess certain qualifications, Section 2.14.040 Meetings of the Carson City Audit Committee by removing the language regarding monthly meetings and other matters properly related thereto. (Larry Werner)

Staff Summary: At the August 20, 2009 Board of Supervisors meeting there was discussion regarding the composition of the Audit Committee. The Board directed staff to bring back an ordinance that would change the number of Board members from two to one, remove the Finance Director from the committee and create four public-at-large positions. This ordinance accomplishes the direction requested by the Board and also removes the requirement that an applicant must possess certain qualifications, but encourages applicants to possess them and allows the Board to select members who meet the recommended qualifications. In addition, old language was deleted from municipal code regarding monthly meetings.

B) Action to introduce on first reading, an ordinance amending the Carson City Municipal Code, Title 7, Animals, by adding Chapter 7.01, Bear Proof Collection Bins, Containers, and Structures, and adding Section 7.01.010, Definitions, Section 7.01.020 Statement of Intent, Section 7.01.030 Applicability, Section 7.01.040, Collection Bin, Container and Structure Maintenance, Section 7.01.0500, Authority to Issue Citations, Section 7.01.060, Violation and Penalty, Section 7.01.070, Severability and other matters properly related thereto. (Larry Werner)

Staff Summary: One of the major reasons bears are drawn into the community is that they are searching for food and unattended garbage cans are a prime source. The other problem is that some people intentionally leave food for the bears. The concern with this is that it does draw the bears into more contact with humans and at some point there could be a devastating encounter. This proposed ordinance will put some controls on feeding bears and consequences of leaving cans out in such a manner that bears are attracted.

C) Action to appoint one member to the Planning Commission for a term ending June 2010. (Larry Werner)

Staff Summary: Carson City Municipal Code Chapter 18.02.010 and NRS 278.030 provide for a Planning Commission to be composed of not more than seven members who shall be appointed by the Board of Supervisors. There is one vacancy for a term that will expire June 2010. There are three applicants.