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

Day: Thursday
Date: December 3, 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 - Pat Propster, Carson City Christian Fellowship Calvary Chapel

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.                                                         Consent Agenda

All matters listed under the consent agenda are considered routine and may be acted upon by the Board of Supervisors with one action and without an extensive hearing. Any member of the Board or any citizen may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting. The Mayor, or the Mayor Pro-Tem, retains discretion in deciding whether or not an item will be pulled off the consent agenda.

8-1. Public Works - Planning

Action to approve a request for a two-year extension for a Tentative Planned Unit Development known as Corte Reale located at 4000 Murphy Drive, APN 007-091-08, to remain valid and the filing timeframe for a Final Map to be extended to February 16, 2012. (TPUD-05-229) (Jennifer Pruitt)

Staff Summary: Pursuant to the recently approved zoning code amendment, by the Board of Supervisors and the provisions of NRS, a two year extension can be requested by the applicant, subject to written request. This request would extend the Final Map recordation timeframe to February 16, 2012.

8-2. City Manager

A) Action to appoint two members to the Regional Transportation Commission to fill two year terms to expire December 31, 2011. (Larry Werner)

Staff Summary: NRS Chapter 373.040 and CCMC 11.20.030 provide for the creation and organization of a five member Regional Street and Highway Commission. Staggered two year terms are served by two members of the Board of Supervisors and three representatives of the city-at-large. There are two vacancies to be filled on the Regional Transportation Commission (RTC) due to members’ terms expiring. Members of the RTC also serve on the Carson Area Metropolitan Planning Organization. Russell Carpenter and Charles DesJardins have requested reappointment. There are no other applicants.

B) Action to appoint three members to the 9-1-1 Surcharge Advisory Committee for two year terms to expire December 31, 2011. (Larry Werner)

Staff Summary: Carson City Municipal Code 4.05.030 creates a five member advisory committee called the "9-1-1 Surcharge Advisory Committee.” There are three openings due to members’ terms expiring. Daniel Berger, Anne Keast and Tina Petersen have requested reappointment. There are no other applicants.

(End of Consent Agenda)

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 Robert Williams as the liquor manager for Tommy’s Neighborhood Bar (Liquor License #10-26877) located at 260 W. Winnie Lane, Carson City. (Jennifer Pruitt)

Staff Summary: All liquor license requests are to be reviewed by the Liquor Board per CCMC 4.13. Robert Williams is applying for a Bar/Tavern liquor license. The background investigation has been completed and staff is recommending approval.

B) Action to approve Timothy Herbst as an additional liquor manager for Terribles (Liquor License #10-26806, #10-25539, and #10-25532) locations at 4640 S. Carson St., 1102 N. Carson St., and 1615 E. Fifth St., Carson City. (Jennifer Pruitt)

Staff Summary: All liquor license requests are to be reviewed by the Liquor Board per CCMC 4.13. Timothy Herbst is applying to be listed as an additional liquor manager on the existing packaged liquor licenses. The background investigation has been completed and staff is recommending approval.

C) Disciplinary action against liquor license #10-23477, held by BDESH, Inc. dba Eagle Gas located at 1360 S. Carson St., 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. (Jennifer Pruitt)

Staff Summary: CCMC 4.13.150 provides for the imposition of a fine of up to $500.00 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 November 13, 2009, a second offense criminal citation related to the sale of liquor was issued at Eagle Gas. The first offense criminal citation was issued on September 14, 2009. 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 Business License Division, no later than seven days from the completion of the training. If the licensee fails to submit the list of employees within seven 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.

D) Disciplinary action against liquor license #10-24025, held by Alvaro Brito dba San Marcos Grill located at 260 E. Winnie Ln., 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. (Jennifer Pruitt)

Staff Summary: CCMC 4.13.150 provides for the imposition of a fine of up to $500.00 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 November 13, 2009, a second offense criminal citation related to the sale of liquor was issued at San Marcos Grill. A first offense criminal citation was issued on April 10, 2009 with a second offense criminal citation issued on September 14, 2009. 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 Business License Division, no later than seven days from the completion of the training. If the licensee fails to submit the list of employees within seven 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.

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. Public Works - Business License

Action to introduce on first reading, an ordinance amending the Carson City Municipal Code Title 4, Licenses and Business regulations, Chapter 13, Liquor Board and Liquor Licensing and Sales, by adding Section 4.13.115, Death of or change to person listed on license, to require notification of the death of a person or change to a person listed on a license and Section 4.13.125, Issuance or denial of a license, to set forth grounds for the issuance or denial of a license and amending Section 4.13.010, Definitions, by amending various definitions, Section 4.13.060, Application for license, Section 4.13.070, Investigation - Fees and Section 4.13.190, Unlawful to serve minors, by making technical changes, Section 4.13.100, License - Board procedure, to allow the authorized representative of an applicant to appear before the board, Section 4.13.105, New License, to make technical clarifications regarding fees for applications for a license, Section 4.13.110, License-fees, to provide that failure to pay a license fee shall result in the expiration of the license, section 4.13.120, License-transferability and use, to authorize the temporary transfer of a license in certain circumstances, Section 4.13.135, Reactivation of prior existing license, to clarify when a new application fee is not required, Section 4.13.140, Grounds for disciplinary action, to provide that the failure to pay a fine is a ground for disciplinary action, Section 4.13.150, Disciplinary action procedure and penalties, to revise the procedures regarding disciplinary action, Section 4.13.170, Qualifications of employees, to make various changes relating to the training of employees, Section 4.13.220, Definitions, amending the definition of a short-term permit, Section 4.13.240, Application for short-term permit, to allow for the waiver of the deadline for filing an application for the permit and Section 4.13.260, Denial-remedy, to revise the procedures for the approval of a short term permit and other matters properly related thereto. (Jennifer Pruitt)

Staff Summary: The proposed changes to the current provisions of the Carson City Municipal Code governing the issuance and regulation of liquor licenses include the following section additions: 4.13.115 Change in Corporate Officers and Directors and 4.13.125 Issuance or denial of license. Other changes include the addition of a hearings officer in the disciplinary action process, expiration of license for failure to pay annual liquor license fees within 30 days of due date, and the requirement of a liquor license holder to maintain an alcohol training program.

17. Recess as Board of Supervisors

Redevelopment Authority

18. Call to Order & Roll Call - Redevelopment Authority

19. Action on Approval of Minutes

20. Office of Business Development

Action to approve and recommend to the Board of Supervisors the approval of the expenditure of up to $1,500 from the Revolving Fund for the Redevelopment Authority to the Sierra Nevada Ballet to cover the cost of the Community Center Bob Boldrick Theater rental for the production of the Peanutcracker, as an expense incidental to the carrying out of the redevelopment plan which has been adopted by the Carson City Board of Supervisors and based upon the findings that there is a causal connection between this redevelopment effort and the need for the expenses, the expenses are needed to cover the cost of the rental and that the amount of the expenses to be given are minor in comparison to the money required for the overall redevelopment plan. (Joe McCarthy)

Staff Summary: On November 19, 2009, the Board of Supervisors approved funding to expend $1,500 from the Revolving Fund in support of the Sierra Nevada Ballet’s Christmas Peanutcracker. However, during the discussion and deliberation the Board recommended to bring back a request for another expenditure of $1,500 to cover the cost of the rental of the Community Center Bob Boldrick Theater. This action would approve the project and recommend to the Board of Supervisors the approval to authorize the expenditure of money from the Revolving Fund for the Redevelopment Authority for the payment of money to support the events as an expense necessary or incidental to the carrying out of the redevelopment plan which has been adopted by the Carson City Board of Supervisors.

21. Action to Adjourn as the Redevelopment Authority

22. Reconvene as the Board of Supervisors

23. Office of Business Development

Action to adopt a resolution authorizing the expenditure of up to $1,500 from the Revolving Fund for the Redevelopment Authority to the Sierra Nevada Ballet to cover the cost of the Community Center Bob Boldrick Theater rental for the production of the Peanutcracker, as an expense incidental to the carrying out of the redevelopment plan which has been adopted by the Carson City Board of Supervisors and based upon the findings that there is a causal connection between this redevelopment effort and the need for the expenses, the expenses are needed to cover the cost of the rental and that the amount of the expenses to be given are minor in comparison to the money required for the overall redevelopment plan. (Joe McCarthy)

Pursuant to NRS 279.628, this Resolution must be adopted by a two-thirds vote of the Board of Supervisors.

Staff Summary: On November 19, 2009, the Board of Supervisors approved funding to expend $1,500 from the Revolving Fund in support of the Sierra Nevada Ballet’s Christmas Peanutcracker. However, during the discussion and deliberation the Board recommended to bring back a request for another expenditure of $1,500 to cover the cost of the rental of the Community Center Bob Boldrick Theater. This action will approve and authorize the expenditure of money from the Revolving Fund for the Redevelopment Authority for the payment of money to support the events as an expense necessary or incidental to the carrying out of the redevelopment plan which has been adopted by the Carson City Board of Supervisors.

24. Parks and Recreation

Action to allow the Carson City Parks and Recreation Department, Aquatic Facility, to hold a “Food for FISH Free Swim Day” on Friday, December 18, 2009. (Kurt Meyer)

Staff Summary: Staff is requesting approval to offer the community “Food for FISH Free Swim Day” on Friday, December 18, 2009, at the Carson Aquatic Facility. Admission to the Aquatic Facility on that day would be free with a food donation.

25. Public Works

Action to approve a reduction in service level for the Building Permit function due to declining revenues and approve a transfer from the General Fund of approximately $200,000 to the Building Fund. (Andy Burnham)

Staff Summary: Revenues in the Building Enterprise Fund have declined by approximately 65% from the anticipated budget. This requires a reduction in the level of service provided, which will result in reduced building inspections and plan checking and longer waiting periods for permits.

26. Public Works - Building

Action to introduce on first reading an ordinance amending the Carson City Municipal Code Title 15, Buildings and Construction, Chapter 15.05, Building Code, Section 15.05.020, Adoption and Administration of Building and Construction Codes, by repealing the adoption of Sections 109.3.5 Roof Nail Inspection, 109.3.7 Insulation Inspection, 109.3.8 Lath and Gypsum Board Inspection and 109.3.10 Energy Efficiency Inspections, and amending Sections 109.3.9 Fire-Resistant Penetrations to include Fire-Resistant Assemblies and 106.3 Examination of Documents to exclude certain items from the plan review process. (Kevin Gattis)

Staff Summary: The proposed language would eliminate a portion of code required inspections and certain items that are currently reviewed for code compliance in the plan review process. All noted items are still required as part of plan submittals and shall be installed per the adopted codes in structures and outside of structures where applicable. These changes are due to reduced staffing in the building division.

27. Purchasing and Contracts

A) Action to determine that Contract No. 0910-121 is a contract for the services of a professional engineer; that the selection was made on the basis of the competence and qualifications of the engineer for the type of services to be performed and not on the basis of competitive fees; and therefore not suitable for public bidding pursuant to NRS 625.530; and to approve Contract No. 0910-121 with Black and Veatch Corporation to provide On-Call Water System Professional Services through December 3, 2010, with the option to automatically renew for one year, for a not to exceed cost of $200,000.00 to be funded from the Water Fund Account Professional Services and various Water Capital Project Accounts as provided in FY 2009/2010. (Sandy Scott)

Staff Summary: This Contract is to provide professional services in the area of distribution system modeling, hydraulic analyses, and design of improvements to the City’s water supply, production, and distribution facilities which may be required by the Carson City Public Works Department. On-Call services are necessary to assist staff with services for modeling and system analysis for design of pipeline projects, pumping stations, PRV's, etc. Consultant is to provide technical assistance to determine sizing of facilities, pumping requirements, and other technical distribution issues.

B) Action to direct staff to seek proposals for the construction and operation of a Resources Recovery and Waste-to-Energy Facility at the Carson City Sanitary Landfill. (file 0910-122) (Andy Burnham)

Staff Summary: Staff recommends seeking proposals for the construction and operation of a Resources Recovery and Waste-to-Energy Facility at the Carson City Sanitary Landfill. Staff desires to set a waste diversion goal of a minimum of 70%, extending the life of the Landfill to over 100 years and incorporating a waste-to-energy component, while maintaining a revenue source to the General Fund.

28. Public Works - Planning Division; Open Space Manager

Action to provide recommendations to the Bureau of Land Management (BLM) regarding the sale of certain BLM properties identified for disposal in the Omnibus Public Land Management Act of 2009, APN’s 9-032-03, 10-061-77, 10-062-60, 10-064-01, 10-082-04, 10-083-06, 10-084-02 and -03, 10-087-05, -06, -07 and -08, 10-093-03 and -05, 10-094-02, 10-097-02, 10-098-01 and -02, 10-192-04, and portions of APN’s 8-011-19, 8-521-20, 9-301-01, and 9-273-02. (Juan Guzman)

Staff Summary: The Act provides that certain BLM properties are to be offered for sale at public auction by March 2010 unless the City directs BLM to delay any sales. A total of approximately 150 acres of BLM land are identified for sale in the bill.

29. Public Works - Planning and Zoning

Action to adopt Bill No. 128, on second reading, an ordinance amending Carson City Municipal Code Title 18, Zoning, Chapter 18.03, Definitions, Section 18.03.010, Words and Terms Defined, to modify the definition of “Animals and Fowl,” and other matters properly related thereto. (ZCA-09-072) (Lee Plemel)

Staff Summary: The primary purpose of these minor modifications is to be consistent with the recently amended Carson City Municipal Code, Chapter 7, Animals, relating to the keeping of animals and fowl in residential areas.

30. Human Resources

Action to approve an employment contract for Lawrence A. Werner. (Jennifer Schultz)

Staff Summary: Pursuant to Carson City Charter Sec. 3.020 The Board may appoint a manager who is the chief administrative officer of the City. He is responsible for carrying out the policy of the Board. His duties and salary must be fixed by the Board.

31. Board of Supervisors

Non-Action Items:
Internal communications and administrative matters
Correspondence to the Board of Supervisors
Status reports and comments from the members of the Board
Staff comments and status report

32. Action to Adjourn

Copies of information related to the above items can be viewed at the reference desk at the Carson City Public Library.

Titles of agenda items are intended to identify specific matters. If you desire detailed information concerning any subject matter itemized within this agenda, you are encouraged to call the responsible agency or the City Manager’s Office. You are encouraged to attend this meeting and participate by commenting on any agendized item.

Notice to persons with disabilities: Members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the City Manager’s Office in writing at 201 North Carson Street, Carson City, NV, 89701, or by calling (775)887-2100 at least 24 hours in advance.

This meeting can be viewed on Channel 226. For specific dates and times - www.bactv.org.

This notice has been posted at the following locations:
Community Center 851 East William Street
Public Safety Complex 885 East Musser Street
City Hall 201 North Carson Street
Carson City Library 900 North Roop Street
Date: November 25, 2009

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Last updated: 12/1/2009 9:09:35 AM