City Council Committee

CITY OF HENDERSON CITY COUNCIL MINUTES COMMITTEE MEETING August 19, 2014 I. CALL TO ORDER Mayor Hafen called the Committee Meeting to order at 5:49 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Committee Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor John F. Marz, Councilman Debra March, Councilwoman Sam Bateman, Councilman Absent: Gerri Schroder, Councilwoman Officers: Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: Jacob L. Snow, City Manager Staff: Bob Murnane, Acting City Manager Richard Derrick, Chief Financial Officer Robert Herr, Assistant Director of Public Works Stephanie Garcia-Vause, Community Dev. and Services Director Tedie Jackson, Council and Commission Services Reporter Jonathon Nunes, Sr. Deputy City Clerk Note: Mayor Hafen announced that this meeting is being video recorded and streamed live to the Web. Henderson City Council Committee Meeting Page 2 of 9 August 19, 2014 – Minutes III. ACCEPTANCE OF AGENDA (Motion) Councilman Sam Bateman moved to accept the agenda as presented. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. IV. ITEMS OF BUSINESS C-1 BILL NO. 2918 AMEND HENDERSON MUNICIPAL CODE SECTION 2.47.085 CITY-WIDE PUBLIC RECORDS AND DOCUMENT FEES CITY CLERK'S OFFICE Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 2.47.085 – CITY-WIDE FEE SCHEDULE FOR PUBLIC RECORDS AND DOCUMENT SERVICES – OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Sabrina Mercadante, City Clerk, stated that this item raises the City notary fees to be consistent with original prevailing rates, and sets forth the cost for extraordinary research allowed under Nevada Revised Statutes (NRS) 239. (Motion) Councilman Sam Bateman moved to refer Bill No. 2918 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 3 of 9 August 19, 2014 – Minutes C-2 BILL NO. 2919 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.115 MEDICAL MARIJUANA FEES FINANCE DEPARTMENT Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.115 – MEDICAL MARIJUANA FEES - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Mike Cathcart, Business Operations Manager, said this bill adds fees for Classes four, five, and six. He commented that staff added an origination fee in the amount of $60,000.00 and six percent of gross revenue. He stated that staff also changed the collections of the six-percent gross revenue from monthly to semi-annual because the accounting system will be unable to handle monthly collections. He noted that there was no feedback on the business impact study. (Motion) Councilwoman Debra March moved to refer Bill No. 2919 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. C-3 BILL NO. 2920 AMEND HENDERSON MUNICIPAL CODE SECTION 2.29 AMBULANCE TRANSPORTATION FEES CITY MANAGER'S OFFICE, FIRE DEPARTMENT Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.29 – AMBULANCE TRANSPORTATION FEES - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Steve Goble, Henderson Fire Chief, stated that this bill will set a uniform rate for ambulance transportation fees to be consistent with other entities across the valley. He noted that there was no feedback from the business impact study. He said this builds in an automatic escalator into the fee schedule based on consumer price indexing for medical services. Henderson City Council Committee Meeting Page 4 of 9 August 19, 2014 – Minutes Councilwoman March commented that these amendments will tie Henderson in with the rest of the valley. (Motion) Councilman John F. Marz moved to refer Bill No. 2920 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. C-4 BILL NO. 2921 2015/2016 WARD MAP CITY CLERK'S OFFICE Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, REPEALING ORDINANCE NO. 2984 IN ITS ENTIRETY AND SETTING FORTH A NEW ORDINANCE ESTABLISHING THE WARDS WITHIN THE CITY OF HENDERSON, NEVADA, ACCORDING TO POPULATION AS DETERMINED BY THE CITY’S DEMOGRAPHER AND AS REVISED FIGURES ARE PROVIDED BY THE PLANNING DEPARTMENT OF THE CITY AS PROVIDED IN SECTION 1.040, ARTICLE 1, OF THE HENDERSON CITY CHARTER AND UPDATES AS PROVIDED BY THE CITY OF HENDERSON COMMUNITY DEVELOPMENT DEPARTMENT. Sabrina Mercadante, City Clerk, reported that the current population in all wards does not exceed the populations in any other ward by more than five percent; therefore, no ward boundary changes are proposed. Regarding precinct changes, she explained that per City Charter, Section 1.010, the City must be divided into four wards as nearly equal in population as can be conveniently provided. She said the boundaries of wards must be changed whenever the population in any ward exceeds the population in any other ward by more than five percent. Ms. Mercadante stated that per NRS 266.095, a new plan must be adopted by ordinance prior to December 31, 2014. Henderson City Council Committee Meeting Page 5 of 9 August 19, 2014 – Minutes (Motion) Councilman Sam Bateman moved to refer Bill No. 2921 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. C-5 BILL NO. 2922 GENERAL OBLIGATION (LIMITED TAX) VARIOUS PURPOSE REFUNDING BONDS FIRST READING SERIES 2014 FINANCE DEPARTMENT Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ITS NEGOTIABLE “CITY OF HENDERSON, NEVADA, GENERAL OBLIGATION (LIMITED TAX) VARIOUS PURPOSE REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2014,” FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS OF THE CITY; PROVIDING FOR THE FORM, TERMS, CONDITIONS AND SALE OF SUCH BONDS; AND PROVIDING MATTERS RELATING THERETO. Richard Derrick, Chief Financial Officer, stated that this bill will allow staff to redeem some of the various purpose refunding bonds through the issuance of tax exempt bonds. He said this refunding will allow staff to restructure debt service and help achieve a long-term goal of financial sustainability. Responding to a question by Mayor Hafen as to how much money will be saved, Mr. Derrick estimated that $21 million will be saved in the next six years. (Motion) Mayor Andy Hafen moved to refer Bill No. 2922 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 6 of 9 August 19, 2014 – Minutes C-6 BILL NO. 2923 AMEND HENDERSON MUNICIPAL CODE SECTION 19.5.5.HH ZOA-14-500284 DEVELOPMENT CODE SEXUALLY ORIENTED BUSINESS COMMUNITY DEVELOPMENT Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 19.5.5.HH -SEXUALLY ORIENTED BUSINESS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Stephanie Garcia-Vause, Director of Community Development and Services, said staff is proposing two changes to the use standards. One is adding zoning categories for adult novelty businesses and adult stores that may be established with the approval of a conditional use permit. She said the second change is to remove two items from the separation requirements. Michael Tassi, Planning Manager, showed maps of existing zoning and proposed zoning districts for sexually-oriented businesses, and gave an overview of the proposed ordinance. He explained that sexually-oriented businesses could be located within limited industrial districts; however, each use would require a conditional use permit and 1,000-foot distance separation from protected uses. He noted that protected uses include a child-care facility, church, hospital, public and private schools, governmental offices, and public parks. He stated that the uses in the proposed expansion area would only allow for adult book stores and adult novelty stores. Mr. Tassi also noted that the Code allows for the 1,000-foot distance separation to be waived. He said the applicant would have to show, by clear and convincing evidence, that they met the standards in the Code. The applicant would also have to demonstrate that there were adequate physical barriers between the protected use and the proposed use. Nathan Gizrold, 2242 Coltera Court, stated that he believes that allowing this change will open Pandor’s Box and lead to other sexually-oriented businesses. He relayed devastating problems to a family member relating to strip clubs and voiced his objection to this ordinance. Councilman Marz suggested that the distance requirement be 1,500 feet from residential, 1,000 feet from other uses, and to strike the waiver condition. Councilwoman March said the Council is concerned about the quality of life for our residents and wants to be a premiere community. She asked whether federal laws impact the Council’s decision. Henderson City Council Committee Meeting Page 7 of 9 August 19, 2014 – Minutes Josh Reid, City Attorney, replied that it would be unconstitutional for the Council to ban sexually-oriented adult uses. He noted that the Council can place reasonable restrictions on these establishments. He suggested adding a Section 2 to the ordinance that the effective date shall be January 1, 2015. Responding to questions by Mayor Hafen, Mr. Reid said these types of establishments could be clustered within a certain area. He recommended that the suggested waiver not be allowed for residential uses. In response to a question by Councilwoman March as to whether other parts of the Code contain clauses that cannot be waived, Mr. Reid replied that the tavern ordinance has provisions that cannot be waived. He noted that the City has not received an application for a sexually-oriented business in many years. (Motion) Councilman John F. Marz moved to refer Bill No. 2923 to the Regular Meeting with a do-pass recommendation, as amended, to reflect a 1,500-foot distance separation from residential uses that cannot be waived, a 1,000-foot distance separation from other uses can be waived, and to be effective January 1, 2015. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. C-7 BILL NO. 2924 ZCA-08-660028-A1 AHAVAS TORAH CENTER APPLICANT: COMMUNITY DEVELOPMENT, ENVIRONMENTAL DESIGN GROUP Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED SOUTH OF CRYSTAL STREAM AVENUE AND WEST OF ARROYO GRANDE BOULEVARD, IN THE GREEN VALLEY RANCH PLANNING AREA FROM RS-6-PUD (LOW-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO RS-6 (LOW-DENSITY RESIDENTIAL), AND MATTERS PROPERLY RELATING THERETO. Henderson City Council Committee Meeting Page 8 of 9 August 19, 2014 – Minutes Stephanie Garcia-Vause, Director of Community Development and Services, stated that this zone change has met its conditions of approval. (Motion) Councilman Sam Bateman moved to refer Bill No. 2924 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. C-8 BILL NO. 2925 ZCA-14-500176 ATHENS MAGIC APPLICANT: COMMUNITY DEVELOPMENT AND CITY OF HENDERSON Bob Murnane, Acting City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTH OF ATHENS AVENUE AT MAGIC WAY (EAST OF ORLEANS STREET), IN THE FOOTHILLS PLANNING AREA, FROM RS-1-H (LOW-DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY) TO RS-4-H (LOW-DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY), AND MATTERS PROPERLY RELATED THERETO. Stephanie Garcia-Vause, Director of Community Development and Services, stated that this zone change has met its conditions of approval. (Motion) Councilman Sam Bateman moved to refer Bill No. 2925 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and John F. Marz. Those voting nay: None. Those absent: Gerri Schroder. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 9 of 9 August 19, 2014 – Minutes V. PUBLIC COMMENT Mr. Stevenson, 2921 Primrose Lane, said to leave sin in “Sin City.” Sheri Miller, 2809 Molinard Court, expressed concern about allowing strip clubs to be developed near residential communities and children. VI. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Committee Meeting at 6:12 p.m. PASSED AND ADOPTED THIS 2nd DAY OF SEPTEMBER, 2014. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk