02-02-17 Agenda with Supporting Materials

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

Day:          Thursday
Date:         February 2, 2017
Time:        Beginning at 8:30 am
Location: Community Center, Sierra Room
                  851 East William Street
                  Carson City, Nevada

AGENDA

1.    Call to Order - Board of Supervisors

2.    Roll Call

3.    Invocation -
Ken Haskins, First Christian Church

4.    Pledge of Allegiance

5.    Public Comment:**

The public is invited at this time to comment on and discuss any topic that is relevant to, or within the authority of this public body.

6.    For Possible Action:  Approval of Minutes - January 5, 2017

7.    For Possible Action:  Adoption of Agenda

8.    Recess as the Board of Supervisors

Liquor and Entertainment Board

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

10.    Public Comment:**

The public is invited at this time to comment on and discuss any topic that is relevant to, or within the authority of this public body.

11.    For Possible Action:  Approval of Minutes - December 1, 2016

12.    Community Development - Business License

 12.A   For Possible Action:  To approve Randell Jay Roush as the liquor manager for Maverik, Inc. #560 (Liquor License #17-31654) located at 3922 Hwy 50 East. (Lena Reseck, lreseck@carson.org) 

Staff Summary:  All liquor license requests are to be reviewed by the Liquor and Entertainment Board per CCMC 4.13.  Maverik, Inc. #560 is applying for a packaged liquor license.  The applicant has met the requirements per CCMC 4.13.125 and staff is recommending approval. 

 12.B   For Information Only:  To present the annual activity report for Administrative Citations issued. (Lena Reseck, lreseck@carson.org)  

Staff Summary:  An annual activity report including the disciplinary actions, penalties, and alcohol server training summary is to be presented to the Board per CCMC 4.13.150.

13.    Public Comment:**
The public is invited at this time to comment on any matter that is not specifically included on the agenda as an action item.  No action may be taken on a matter raised under this item of the agenda.

14.    For Possible Action:  To Adjourn as the Liquor and Entertainment Board

15.    Reconvene as the Board of Supervisors

Consent Agenda
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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 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.
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16.    Finance

 16.A   For Possible Action: To accept the report on the condition of each fund in the treasury and the statements of receipts and expenditures through January 20, 2017 per NRS 251.030 and NRS 354.290. (Nancy Paulson, npaulson@carson.org) 

Staff Summary:  NRS 251.030 requires the Chief Financial Officer (for the purpose of the statute acting as the County Auditor) to report to the Board of County Commissioners (or in our case the Board of Supervisors), at each regular meeting thereof, the condition of each fund in the treasury. NRS 354.290 requires the County Auditor to report to the Board of Supervisors a statement of revenues and expenditures based on the accounts and funds as were used in the budget.  A more detailed accounting is available on the City’s website – www.carson.org.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

18.    Finance


 18.A   For Possible Action: To accept the Carson City Cost Allocation Plan for the fiscal year ended June, 30, 2016 for use in preparing the Fiscal Year 2018 Carson City Budget. (Nancy Paulson, npaulson@carson.org)

Staff Summary:  City staff is requesting that the Board accept the Cost Allocation Plan prepared by Mahoney and Associates using financial information for the fiscal year ended June 30, 2016 for use in preparing the FY 2018 Carson City Budget.  The City will use the Cost Allocation Plan for amounts charged to Special Revenue and Enterprise Funds.

19.    City Manager

 19.A   For Possible Action: To appoint three members to the Carson City Open Space Advisory Committee, each for a four year term that expires in January 2021.  (Nick Marano, nmarano@carson.org)

Staff Summary: CCMC Chapter 13.06.040 provides for the Board of Supervisors to appoint seven members that serve staggered four year terms to the Open Space Advisory Committee. There are three openings due to term expiration for certain members. A reappointment request was received from Donna Inversin and Jeremy Hall. Laura Fitzsimmons will not be seeking reappointment so the first alternate, Joanne Michael, who was chosen at the September 2016 meeting will be appointed.

20.    Purchasing and Contracts

 20.A   For Possible Action:  To determine that Sierra Nevada Construction, Inc. is the lowest responsive bidder pursuant to NRS Chapter 338 and to award Contract No. 1617-096 West William St. Sewer Replacement Project to Sierra Nevada Construction, Inc. for a bid amount of $236,007.00, plus a contingency amount of $23,600.00, for a total not to exceed amount of $259,607.00 to be funded from the Sewer Line Replace/Rehab Account as provided in fiscal year 16/17. (Laura Rader, LRader@carson.org and Darren Schulz, DSchulz@carson.org)

Staff Summary: Carson City received sealed bids for all labor, material, tools, and equipment necessary for the West William St. Sewer Replacement Project. The West William Street Sewer Replacement Project consists of replacing 725 feet of sewer, four manholes, and associated sewer laterals along William Street between Minnesota and Curry Street. The project also includes patching and slurry sealing the asphalt roadway and replacing curb, gutter and sidewalk as required to replace the sewer line.

21.    Public Works

 21.A   For Information Only: Presentation and update on Capital Projects at the Water Resource Recovery Facility.  (Darren Schulz, dschulz@carson.org) 

Staff Summary:  The Board will be provided an update on status of the WRRF Phase 1A project and a briefing on the proposed next phase of the project referred to as WRRF Capital Improvements FY18.

 21.B   For Possible Action: Discussion and possible direction to Staff regarding future maintenance of the Northgate Complex located at 2621 Northgate Lane, also known as APN 002-062-05. (Stephanie Hicks, SHicks@carson.org) 

Staff Summary:  Discussion may include future options for the retention or disposal of the real property located at 2621 Northgate Lane.

 21.C   For Information Only: Presentation to inform the Board on the progress of the City's Asset Management Program. (Stephanie Hicks, SHicks@carson.org) 

Staff Summary:  Staff will provide an update to the Board of Supervisors regarding the implementation timeline and progress of the City's Asset Management Plan.
 
22.    Community Development - Planning

 22.A   PUBLIC HEARING:

For Possible Action:  To consider an appeal of the Planning Commission's decision to approve a Special Use Permit (SUP-16-160) for an extended stay (maximum 180 days) RV park on property zoned Tourist Commercial (TC), located at 1400 Old Hot Springs Road, APN 008-123-40.  (Lee Plemel, lplemel@carson.org)  PULLED - APPLICANT HAS WITHDRAWN SUP APPLICATION

Staff Summary: The Planning Commission approved a Special Use Permit on November 30, 2016, for an extended stay RV park, with 215 RV parking spaces and assorted amenities, including a clubhouse, pool, fitness center, store, office, restaurant, limited gaming, laundry, restrooms, barbecues and pet areas. Up to 30-day stays are allowed by right in RV parks within the Tourist Commercial zoning district, but stays of more than 30 days up to a maximum of 180 days require review and approval of a Special Use Permit. An appeal of the Planning Commission's decision was made by a nearby property owner. The Board of Supervisors may deny the appeal and uphold the Planning Commission's approval, approve the appeal and deny the Special Use Permit, or modify the conditions of the Planning Commission's approval. 

 22.B   For Possible 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 License and Sales, by amending Section 4.13.010, Definitions, to modify existing definitions for “Beer”, “Business License Division”, “Director” and “Wine”, and to add definitions for  “Brew Pub”, “Brewery”, “Craft Distillery”, “Intoxicating Liquor”, “License”, “On Premise” and “Wholesale Dealer”; amending Section 4.13.030, Powers and Duties of the Board, to allow for the appointment of a Hearings Officer to grant or deny applications and to consider appeals of Hearings Officer decisions; adding Section 4.13.035, Powers and Duties of the Hearings Officer, to set forth duties for the Hearings Officer; amending Section 4.13.040, License Required, to state that failure to obtain a license is a misdemeanor; adding Section 4.13.045, Fees, to identify the right to set certain fees and establish a fee schedule; amending Section 4.13.050, Classes of Licenses–Separate Entity, to add Brew Pub, Brewery and Craft Distillery Liquor Licenses; amending Section 4.13.060, Application for License, to change the application for a license from the Board to the Hearings Officer and to require a sworn affidavit by the Liquor Manager that all employees will complete server training; amending Section 4.13.070, Investigation–Fees, to exempt wholesale dealers from the background investigation requirement and to remove specific fee amounts; amending Section 4.13.080, Investigations–Duties of Sheriff, to change the reporting of background investigations from the Board to the Business License Division; amending Section 4.13.100, License–Procedure, to change the consideration of licenses for approval and denial from the Board to the Hearings Officer and to exempt wholesale dealers from the appearance requirement; adding Section 4.13.102, Appeals, to set forth provisions for the appeal of Hearings Officer Decisions to the Board; amending Section 4.13.105, License–Application Fees, to remove specific fee amounts; amending Section 4.13.110, License–Fees, to remove specific fee amounts, to state that license fees will be prorated and to modify provisions for penalties related to non-payment of license fees; amending Section 4.13.115, Death of or Change to Person Listed on a License, to require that an updated application be filed when the liquor manager changes and that a change in liquor manager requires approval by the Hearings Officer; amending Section 4.13.120, License–Transferability, Use and Reactivation, to allow for certain changes to existing licenses, to allow for the serving, sale and dispensing of alcohol in the public right-of-way with an encroachment permit, to allow for reactivation of existing licenses under certain circumstances and to remove specific fee amounts; amending Section 4.13.125, Issuance or Denial of License, to change the granting or denying of licenses from the Board to the Hearings Officer, to add an additional offense within the last five years which would make a person unsuitable for a liquor license and to allow for proof of an approved payment plan or similar arrangement when a person is in arrears in child support payments; changing Section 4.13.135, Reactivation of Prior Existing License to Section 4.13.135, Enforcement Authority, and to outline various enforcement duties; amending Section 4.13.140, Grounds for Disciplinary Action, to add a provision consistent with NRS that the Board has the power to recommend to the State Department of Taxation suspension or revocation of a license; amending Section 4.13.150, Disciplinary Action Procedure and Penalties, to allow the Sheriff to recommend investigation of the conduct of any licensee, to allow the director to investigate the conduct of any licensee, to change the timeframe in which a penalty may be imposed for criminal citations from six months to 12 months, to reduce the fine for the third offense for criminal citations related to the sale of liquor from $1,500.00 to $1,000.00, to add a provision consistent with NRS that the Board has the right to suspend or revoke summarily any license under certain circumstances and to change the annual activity report due date from December to January; amending Section 4.13.210, Possession of Open Liquor and Consumption of Liquor in Public Prohibited, to provide an exception when an encroachment permit is obtained to occupy the public right-of-way adjacent to the business. (Susan Pansky, SPansky@carson.org and Adriana Fralick, AFralick@carson.org)

Staff Summary: The Board of Supervisors has requested various changes to the Liquor Ordinance, primarily to allow for the review of liquor license applications by a Hearings Officer, to provide a background check and appearance exemptions for wholesale dealers, to allow for the selling, serving and dispensing of alcohol within the public right-of-way adjacent to a business holding a valid liquor license with the approval of an encroachment permit and to remove specific fee amounts from the ordinance in favor of adopting them separately by resolution.   

23.    Board of Supervisors
Non-Action Items:
Legislative matters - no Board action will be taken - the Mayor may give limited staff direction 
    regarding staff work and/or future agenda item(s).
Future agenda items
Status review of projects
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

24.    Public Comment:
The public is invited at this time to comment on any matter that is not specifically included on the agenda as an action item.  No action may be taken on a matter raised under this item of the agenda.

25.    For Possible Action:  To Adjourn

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**PUBLIC COMMENT LIMITATIONS - The Mayor and Supervisors meet at various times as different public bodies: 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.  Each, as called to order, will provide at least two public comment periods in compliance with the minimum requirements of the Open Meeting Law prior to adjournment.  In addition, it is Carson City’s aspirational goal to also provide for item-specific public comment as follows:  In order for members of the public to participate in the public body’s consideration of an agenda item, the public is strongly encouraged to comment on an agenda item when called for by the mayor/chair during the item itself.  No action may be taken on a matter raised under public comment unless the item has been specifically included on the agenda as an item upon which action may be taken. The Mayor, Mayor Pro-Tem and Chair, also retain discretion to only provide for the Open Meeting Law’s minimum public comment and not call for or allow additional individual-item public comment at the time of the body’s consideration of the item when: 1) it is deemed necessary by the mayor/chair to the orderly conduct of the meeting; 2) it involves an off-site non-action facility tour agenda item; or 3) it involves any person’s or entity’s due process appeal or hearing rights provided by statute or the Carson City Municipal Code. 
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Agenda Management Notice - Items on the agenda may be taken out of order; the public body may combine two or more agenda items for consideration; and the public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.
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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.
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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.
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To request a copy of the supporting materials for this meeting contact Janet Busse at jbusse@carson.org or call (775) 887-2100.
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This agenda and backup information are available on the City’s website at www.carson.org/agendas and at the City Manager’s Office - City Hall, 201 N. Carson Street, Ste 2, Carson City, Nevada  (775)887-2100.
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This notice has been posted at the following locations:
Community Center  851 East William Street
Courthouse  885 East Musser Street
City Hall  201 North Carson Street
Carson City Library  900 North Roop Street
Community Development Permit Center  108 East Proctor Street
http://notice.nv.gov


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