City Council Committee

CITY OF HENDERSON CITY COUNCIL MINUTES COMMITTEE MEETING November 18, 2014 I. CALL TO ORDER Mayor Hafen called the Committee Meeting to order at 5:48 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 Gerri Schroder, Councilwoman Absent: Sam Bateman, Councilman Officers: Jacob L. Snow, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Richard Derrick, Chief Financial Officer Bob Murnane, Senior Director of Public Works, Parks and Recreation Stephanie Garcia-Vause, Director of Community Development and Services Tedie Jackson, Council and Commission Services Reporter Jonathon Nunes, Sr. Deputy City Clerk Lisa Keim-Carr, Executive Administrative Assistant Henderson City Council Committee Meeting Page 2 of 7 November 18, 2014 – Minutes III. ACCEPTANCE OF AGENDA (Motion) Councilwoman Gerri Schroder moved to accept the agenda as presented. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Sam Bateman. Those abstaining: None. Mayor Hafen declared the motion carried. IV. ITEMS OF BUSINESS C-1 BILL NO. 2954 ZCO-05-670051-A4 RCN - ROBERTS COMMUNICATIONS NETWORK FACILITY APPLICANT: COMMUNITY DEVELOPMENT AND ROBERTS INVESTMENT COMPANY, INC. Jacob Snow, 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 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF VOLUNTEER BOULEVARD AND WEST OF RANCHO DESTINO ROAD, IN THE WEST HENDERSON PLANNING AREA TO AMEND THE ZONE CHANGE WITH PLANNED UNIT DEVELOPMENT OVERLAY FOR THE M RESORT TO REMOVE A 2.0 ACRE PARCEL, AND MATTERS PROPERLY RELATING THERETO. Stephanie Garcia-Vause, Director of Community Development and Services, stated that this is a housekeeping item for a zone change that has met the conditions of approval. (Motion) Councilwoman Debra March moved to refer Bill No. 2954 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Sam Bateman. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 3 of 7 November 18, 2014 – Minutes C-2 BILL NO. 2955 ZCA-14-500378 RCN - ROBERTS COMMUNICATIONS NETWORK FACILITY APPLICANT: COMMUNITY DEVELOPMENT AND ROBERTS INVESTMENT COMPANY, INC. Jacob Snow, 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 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF VOLUNTEER BOULEVARD AND WEST OF RANCHO DESTINO ROAD, IN THE WEST HENDERSON PLANNING AREA .TO APPLY CITY OF HENDERSON CT (TOURIST COMMERCIAL) ZONING TO 5.0 ACRES OF RECENTLY ANNEXED PROPERTY AND MATTERS PROPERLY RELATING THERETO. Stephanie Garcia-Vause, Director of Community Development and Services, stated that this is a housekeeping item for a zone change that has met the- conditions of approval. (Motion) Councilwoman Debra March moved to refer Bill No. 2955 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Sam Bateman. Those abstaining: None. Mayor Hafen declared the motion carried. C-3 BILL NO. 2956 ZCA-14-500330 NEVADA SOUTHSHORE (APN 160-23-812-003) APPLICANT: COMMUNITY DEVELOPMENT AND PACIFIC LINKS US HOLDINGS, INC. Jacob Snow, City Manager, introduced and read this Bill by title: Henderson City Council Committee Meeting Page 4 of 7 November 18, 2014 – Minutes 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 23, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED APPROXIMATELY 210 FEET SOUTH OF THE INTERSECTION OF PLACA SANTA MARIA COURT AND PYRENEES COURT, IN THE LAKE LAS VEGAS PLANNING AREA, FROM PS-G-MP (PUBLIC/SEMIPUBLIC WITH GAMING ENTERPRISE AND MASTER PLAN OVERLAYS) TO RS-2-G-MP (LOW-DENSITY RESIDENTIAL WITH GAMING ENTERPRISE AND MASTER PLAN OVERLAYS), AND MATTERS PROPERLY RELATING THERETO. Stephanie Garcia-Vause, Director of Community Development and Services, stated that this is a housekeeping item for a zone change that has met the conditions of approval. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2956 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Sam Bateman. Those abstaining: None. Mayor Hafen declared the motion carried. C-4 BILL NO. 2957 ZCA-06-660026-A2 LAKE LAS VEGAS LOT G-1 APPLICANT: COMMUNITY DEVELOPMENT AND CENTURY COMMUNITIES OF NEVADA, LLC Jacob Snow, 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 27, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED SOUTHEAST OF LAKE LAS VEGAS PARKWAY AND GRAND MEDITERRA BOULEVARD, IN THE LAKE LAS VEGAS PLANNING AREA, TO AMEND A ZONE CHANGE WITH PLANNED UNIT DEVELOPMENT AND MASTER PLAN OVERLAY TO RECONFIGURE LOT LAYOUT AND REQUEST WAIVERS, AND MATTERS PROPERLY RELATING THERETO. Henderson City Council Committee Meeting Page 5 of 7 November 18, 2014 – Minutes Stephanie Garcia-Vause, Director of Community Development and Services, stated that this is a housekeeping item for a zone change that has met the conditions of approval. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2957 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Sam Bateman. Those abstaining: None. Mayor Hafen declared the motion carried. C-5 BILL NO. 2958 AMEND HENDERSON MUNICIPAL CODE TITLE 11 ADDING CHAPTER 11.30 – FEES FOR CLOSURE OF RIGHT-OF-WAY PUBLIC WORKS, PARKS AND RECREATION, CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 11 ADDING CHAPTER 11.30 - FEES FOR CLOSURE OF RIGHT-OF-WAY - OF THE HENDERSON MUNICIPAL CODE, AND MATTERS PROPERLY RELATING THERETO. Bob Murnane, Senior Director of Public Works, Parks and Recreation, stated that this item will establish fees for occupying the public rights-of-way, including barricade permits and lane occupancy. He noted that staff will read minor corrections into the record. Brent Gunson, Assistant City Attorney III, noted the following changes to the ordinance: Section A.1.b, language was inserted at the end reading “Or pursuant to an emergency condition described in HMC 11.20.010C as soon as reasonably possible.” He stated that the following paragraph was added to the end of Section A, (2)(d): “A right-of-way occupancy charge shall not be assessed for work performed during a continuing emergency condition described in HMC 11.20.010C, or for work performed within rights-of-way managed by the State of Nevada or the United States government.” Henderson City Council Committee Meeting Page 6 of 7 November 18, 2014 – Minutes Mr. Gunson reported that these changes were added at the request of NV Energy and Southwest Gas so that emergency situations will not be covered by the lane occupancy charge. He noted that they will be charged when the emergency condition ceases to exist. Mr. Gunson said the City will not impose the lane occupancy charge to contractors or any persons for work done in roadways that the City does not manage. (Motion) Councilman John F. Marz moved to refer Bill No. 2958 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Sam Bateman. Those abstaining: None. Mayor Hafen declared the motion carried. C-6 BILL NO. 2959 AMEND HENDERSON MUNICIPAL CODE TITLE 11 ADDING CHAPTER 11.20 – AUTHORITY TO IMPOSE FEES FOR CONSTRUCTION AND USE OF THE RIGHT-OF-WAY PUBLIC WORKS, PARKS AND RECREATION, CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 11 ADDING CHAPTER 11.20 - AUTHORITY TO IMPOSE FEES FOR CONSTRUCTION AND USE OF THE RIGHT-OF-WAY - OF THE HENDERSON MUNICIPAL CODE, AND MATTERS PROPERLY RELATING THERETO. Bob Murnane, Senior Director of Public Works, Parks and Recreation, presented a summary of this item and noted that staff will read corrections into the record. Brent Gunson, Assistant City Attorney III, noted the following changes to the ordinance: In Section 11.20.0101A and Section A(3), Section B, staff added references that the Senior Director of Public Works, Parks and Recreation can provide permits. Mr. Gunson stated that the following paragraph was added to Section C: “As used in this chapter, emergency conditions shall mean any condition or occurrence which poses an imminent or existing threat to the safety or security of persons or property. As soon as reasonably possible, emergency conditions shall be reported to the City and a barricade permit shall be obtained.” Henderson City Council Committee Meeting Page 7 of 7 November 18, 2014 – Minutes Mr. Gunson stated that staff also referenced the word “obstruct” and included the following definition of obstruct in Section D: As used this this chapter, “The word ‘obstruct’ does not include sporadic or intermittent access to the right-of-way by a person who 1) is authorized by the Senior Director of Public Works, Parks and Recreation to enter the right-of-way; and 2) has no discernable impact on the flow of traffic.” He noted that these changes were added due to comments staff received from industry. (Motion) Councilwoman Debra March moved to refer Bill No. 2959 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Sam Bateman. Those abstaining: None. Mayor Hafen declared the motion carried. V. PUBLIC COMMENT No comments were presented by the public. VI. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Committee Meeting at 5:53 p.m. PASSED AND ADOPTED THIS 2nd DAY OF DECEMBER, 2014. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk