City Council Committee

CITY OF HENDERSON CITY COUNCIL MINUTES COMMITTEE MEETING October 20, 2015 I. CALL TO ORDER Mayor Hafen called the Committee Meeting to order at 5:45 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, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Gerri Schroder, Councilwoman John F. Marz, Councilman Absent: Debra March, Councilwoman (excused) Officers: Robert Murnane, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Richard Derrick, Chief Financial Officer Robert Herr, Interim Director of Public Works, Parks & Rec. Stephanie Garcia-Vause, Community Dev. and Services Director Tedie Jackson, Council and Commission Services Reporter Jonathon Nunes, Senior Deputy City Clerk Lisa Keim, Executive Administrative Assistant Mayor Hafen announced that this meeting is being video recorded and streamed live to the Web. Henderson City Council Committee Meeting Page 2 of 10 October 20, 2015 – Minutes III. ACCEPTANCE OF AGENDA (Motion) Mayor Andy Hafen moved to accept the agenda as presented. Note: Bill No. 3017 is listed on the agenda as item C-8 and is not in sequential order with the other bills on the agenda. This bill was placed in this order so that the related bill items could be heard together. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. IV. ITEMS OF BUSINESS C-1 BILL NO. 3018 WEST HENDERSON – AMIGO AT VOLUNTEER AND DALE – 7.12 ACRES ANNEXATION PUBLIC WORKS, PARKS AND RECREATION Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 7.12 ACRES GENERALLY LOCATED NORTHEAST OF VOLUNTEER BOULEVARD AND AMIGO STREET IN SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., AND MATTERS PROPERLY RELATING THERETO. Robert Herr, Interim Director of Public Works, Parks and Recreation, presented a summary of this item. (Motion) Councilman John F. Marz moved to refer Bill No. 3018 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 3 of 10 October 20, 2015 – Minutes C-2 BILL NO. 3019 WEST HENDERSON – LARSON AT CHAPARRAL – 2.5 ACRES ANNEXATION PUBLIC WORKS, PARKS AND RECREATION Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 2.5 ACRES GENERALLY LOCATED NORTHWEST OF LARSON LANE AND CHAPARRAL ROAD IN SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., AND MATTERS PROPERLY RELATING THERETO. Robert Herr, Interim Director of Public Works, Parks and Recreation, presented a summary of this item. (Motion) Mayor Andy Hafen moved to refer Bill No. 3019 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. C-3 BILL NO. 3020 WEST HENDERSON – ELEVATE WELLNESS – 5 ACRES ANNEXATION PUBLIC WORKS, PARKS AND RECREATION Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 5 ACRES GENERALLY LOCATED NORTHWEST OF VOLUNTEER BOULEVARD AND EXECUTIVE AIRPORT DRIVE IN SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., AND MATTERS PROPERLY RELATING THERETO. Robert Herr, Interim Director of Public Works, Parks and Recreation, presented a summary of this item. Henderson City Council Committee Meeting Page 4 of 10 October 20, 2015 – Minutes (Motion) Councilman Sam Bateman moved to refer Bill No. 3020 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. C-4 BILL NO. 3021 CALICO RIDGE AREA – 2.5 ACRES ANNEXATION PUBLIC WORKS, PARKS AND RECREATION Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 2.5 ACRES GENERALLY LOCATED NORTHEAST OF NORELLAT ROAD AND FEATHER HAVEN COURT IN SECTION 33, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.M., AND MATTERS PROPERLY RELATING THERETO. Robert Herr, Interim Director of Public Works, Parks and Recreation, presented a summary of this item. (Motion) Mayor Andy Hafen moved to refer Bill No. 3021 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. C-5 BILL NO. 3022 WEST HENDERSON – LARSON AT PARADISE AND ROME – 2.38 ACRES ANNEXATION PUBLIC WORKS, PARKS AND RECREATION Robert Murnane, City Manager, introduced and read this Bill by title. Henderson City Council Committee Meeting Page 5 of 10 October 20, 2015 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 2.38 ACRES GENERALLY LOCATED NORTHEAST OF LARSON LANE AND PARADISE ROAD IN SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., AND MATTERS PROPERLY RELATING THERETO. Robert Herr, Interim Director of Public Works, Parks and Recreation, presented a summary of this item. (Motion) Councilman Sam Bateman moved to refer Bill No. 3022 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. C-6 BILL NO. 3023 WEST HENDERSON – WELPMAN AND FAIRFIELD – 2.5 ACRES ANNEXATION PUBLIC WORKS, PARKS AND RECREATION Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 2.5 ACRES GENERALLY LOCATED SOUTHEAST OF WELPMAN WAY AND FAIRFIELD AVENUE IN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., AND MATTERS PROPERLY RELATING THERETO. Robert Herr, Interim Director of Public Works, Parks and Recreation, presented a summary of this item. (Motion) Councilman Sam Bateman moved to refer Bill No. 3023 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 6 of 10 October 20, 2015 – Minutes C-7 BILL NO. 3024 ZCA-09-660010-A1 HENDERSON FREEWAY CROSSING APPLICANT: PANATTONI DEVELOPMENT COMPANY Robert Murnane, 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 13 AND 14, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT LOCATED AT THE NORTHWEST CORNER OF EASTGATE ROAD AND LAKE MEAD PARKWAY, NORTHEAST OF I-215 AND I-515 FROM IG (GENERAL INDUSTRIAL) TO CC (COMMUNITY COMMERCIAL), AND MATTERS PROPERLY RELATING THERETO. Stephanie Garcia-Vause, Community Development and Services Director, said the zone change met the conditions of approval. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 3024 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Note: C-8 through C-12 were discussed together. C-8 BILL NO. 3017 AMEND HENDERSON DEVELOPMENT CODE TITLE 19 ZOA-15-500319 - DEVELOPMENT CODE UPDATE 2015 MASSAGE AND REFLEXOLOGY CITY ATTORNEY'S OFFICE, COMMUNITY DEVELOPMENT AND SERVICES Robert Murnane, City Manager, introduced and read this Bill by title. Henderson City Council Committee Meeting Page 7 of 10 October 20, 2015 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 19 - DEVELOPMENT CODE - OF THE HENDERSON MUNICIPAL CODE BY AMENDING CHAPTER 19.5, SECTIONS 19.5.5.DD.3 AND 19.5.5.DD.4 TO MAKE REVISIONS AND UPDATES TO THE MASSAGE AND REFLEXOLOGY USES, AND MATTERS PROPERLY RELATED THERETO. Erin Flynn, Assistant City Attorney II, gave a PowerPoint presentation overview of the proposed changes to Henderson Municipal Code Titles 4 and 19 with respect to reflexology and massage. She highlighted the following slides: Concerns; Purpose of the Revisions to Title 4 and 19; Title 4 Revision Examples of Proposed Changes; Title 19 Revisions; Solutions to Operational Problems; Enforcement Tools; Implementation; and Notification to Industry. Ms. Flynn said Ordinance 4.84 and 4.85 in Title 19 have been revised to add a provision to end the moratorium. She noted there are technical changes to Title 19 that have been addressed in a memorandum that was submitted as back-up material. Chairman Hafen asked if conditional use permits will be automatically revoked, or whether the item will be heard at a hearing? Josh Reid, City Attorney, replied that the revocation of the use permit would go to the board that approved the use permit, which is the Planning Commission. He stated that this item would also be appealable to the City Council. Mr. Reid noted that business license revocations would be heard by a hearing officer, but there is no appeal process to the City Council. He said any further action would be taken to district court. Councilman Bateman asked where staff sees issues with the business owners not currently being responsible, and how will the City hold them responsible for non-compliance? Ms. Flynn replied that staff had difficulty having an owner come in to respond to allegations against one of his employees for prostitution. She said the manager in charge will help address that issue. Ms. Flynn also noted that staff can impose a civil penalty directly against the business. She said the goal is not to have an owner who can claim they were unaware of the problem. Responding to a question by Councilman Bateman as to when the ordinance becomes effective, Ms. Flynn said it will become effective at publication, which is October 23, 2015. Councilwoman Schroder asked staff to explain the notification process to all the businesses. Henderson City Council Committee Meeting Page 8 of 10 October 20, 2015 – Minutes Mike Cathcart, Business Operations Manager, replied that staff will prepare letters that outline some of the major changes in the ordinance, and compliance officers will distribute or mail the letters to most of the businesses. Councilman Marz suggested the letters be sent to the businesses via registered mail to ensure there are no excuses they did not receive the letter. Mr. Cathcart said staff will send the letters registered mail and deliver them to the businesses. Mayor Hafen thanked all the City staff who worked together drafting these ordinances. (Motion) Mayor Andy Hafen moved to refer Bill No. 3017, as amended, to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. C-9 BILL NO. 3025 REPEAL AND ESTABLISH HENDERSON MUNICIPAL CODE 4.84 MASSAGE ESTABLISHMENTS AND INDEPENDENT MASSAGE THERAPISTS CITY ATTORNEY'S OFFICE, BUSINESS LICENSE Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL IN ITS ENTIRETY AND ESTABLISH A NEW CHAPTER 4.84 - MASSAGE ESTABLISHMENTS AND INDEPENDENT MASSAGE THERAPISTS – OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilman Sam Bateman moved to refer Bill No. 3025, as amended, to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 9 of 10 October 20, 2015 – Minutes C-10 BILL NO. 3026 REPEAL AND ESTABLISH HENDERSON MUNICIPAL CODE CHAPTER 4.06 POLICY AND PROCEDURE SHOW CAUSE, LICENSE SUSPENSION, LIMITATION, REVOCATION CITY ATTORNEY'S OFFICE, BUSINESS LICENSE Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL IN ITS ENTIRETY AND ESTABLISH A NEW CHAPTER 4.06 – POLICY AND PROCEDURE SHOW CAUSE, LICENSE SUSPENSION, LIMITATION, REVOCATION - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 3026 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. C-11 BILL NO. 3027 ESTABLISH HENDERSON MUNICIPAL CODE 4.07 ALTERNATIVE TO CRIMINAL PROSECUTION CITY ATTORNEY'S OFFICE, BUSINESS LICENSE Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO ESTABLISH CHAPTER 4.07 – ALTERNATIVE TO CRIMINAL PROSECUTION - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 3027 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Committee Meeting Page 10 of 10 October 20, 2015 – Minutes C-12 BILL NO. 3028 REPEAL AND ESTABLISH HENDERSON MUNICIPAL CODE CHAPTER 4.85 REFLEXOLOGY CITY ATTORNEY'S OFFICE, BUSINESS LICENSE Robert Murnane, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL IN ITS ENTIRETY AND ESTABLISH A NEW CHAPTER 4.85 - REFLEXOLOGY - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Josh Reid, City Attorney, stated that the motion should include the minor amendment to 4.84, 4.85, and Title 19. (Motion) Mayor Andy Hafen moved to refer Bill No. 3028, as amended, to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. V. PUBLIC COMMENT There were no comments 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 6:02 p.m. PASSED AND ADOPTED THIS 3RD DAY OF NOVEMBER, 2015. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk