City Council Committee

CITY OF HENDERSON CITY COUNCIL MINUTES COMMITTEE MEETING Tuesday, September 5, 2017 I. CALL TO ORDER Mayor Debra March called the Committee Meeting to order at 5:21 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. Mayor March announced this meeting is being video recorded and streamed live to the Internet. 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: Debra March, Mayor Dan K. Shaw, Councilman Gerri Schroder, Councilwoman John F. Marz, Councilman Dan H. Stewart, Councilman Absent: None Officers: Robert Murnane, City Manager Sabrina Mercadante, City Clerk Josh Reid, City Attorney Absent: None Staff: Richard Derrick, Chief Financial Officer Robert Herr, Director of Public Works, Parks & Recreation Stephanie Garcia-Vause, Community Dev. and Services Director Tedie Jackson, Council and Commission Services Reporter Amber Ellis, Sr. Deputy City Clerk Henderson City Council Committee Meeting Page 2 of 8 Tuesday, September 5, 2017 – Minutes III. ACCEPTANCE OF AGENDA (Motion) Councilman John F. Marz moved to accept the agenda as amended. Items C-3 and C-5 were heard together but voted on individually. Items C-4 and C-6 were heard together but voted on individually. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Gerri Schroder, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. IV. ITEMS OF BUSINESS C-1 BILL NO. 3167 ANNEXATION OF 10 ACRES IN WEST HENDERSON – AT VIA NOBILA PUBLIC WORKS, PARKS AND RECREATION City Manager Murnane 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 10 ACRES GENERALLY LOCATED NORTHEAST OF LAS VEGAS BOULEVARD SOUTH AND THE SLOAN INTERCHANGE IN SECTION 17, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., AND APPROVING AN ANNEXATION AGREEMENT BETWEEN LV BLVD PACIFIC LLC, A NEVADA LIMITED LIABILITY COMPANY, AND THE CITY OF HENDERSON WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. Robert Herr, Director of Public Works, Parks and Recreation, presented a summary of this item. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 3167 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Gerri Schroder, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried.  Henderson City Council Committee Meeting Page 3 of 8 Tuesday, September 5, 2017 – Minutes C-2 BILL NO. 3170 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.116 MEDICAL MARIJUANA REGULATIONS AND LICENSES CITY ATTORNEY'S OFFICE, CITY MANAGER'S OFFICE, AND BUSINESS LICENSE City Manager Murnane introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.116 – MEDICAL MARIJUANA REGULATIONS AND LICENSES - OF THE HENDERSON MUNICIPAL CODE. Michael Cathcart, Business Operations Manager, presented a summary of this item, and reviewed the major components of changes to Chapter 4.116. Responding to a question by Councilwoman Schroder regarding security of one delivery driver transporting marijuana, Andrew Jolley, Source Dispensaries, 2009 Windmill Parkway, said he is not aware of any delivery issues. He noted the State requires only one person for deliveries. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 3170 to the Regular Meeting with a do-pass recommendation, as amended. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Gerri Schroder, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Note: C-3 and C-5 were heard together C-3 BILL NO. 3171 ESTABLISH HENDERSON MUNICIPAL CODE CHAPTER 4.118 RETAIL MARIJUANA REGULATIONS AND LICENSES CITY ATTORNEY'S OFFICE, CITY MANAGER'S OFFICE, AND BUSINESS LICENSE City Manager Murnane introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO ESTABLISH CHAPTER 4.118 – RETAIL MARIJUANA REGULATIONS AND LICENSES - OF THE HENDERSON MUNICIPAL CODE. Henderson City Council Committee Meeting Page 4 of 8 Tuesday, September 5, 2017 – Minutes Michael Cathcart, Business Operations Manager, presented a summary of this item, and reviewed key differences regarding State law references. Michael Tassi, Assistant Director of Community Development and Services, reviewed revisions to sections of the proposed Title 19, Subsections 19.5.5.5Y.5(b)(1) and 19.5.5.5Y(c)(2) changes for marijuana establishments outlined in a memorandum dated August 30, 2017. Via PowerPoint presentation, Jeremy Aguero, Applied Analysis, reviewed the following slides: Project Approach and Overview; Summary of Findings of Fiscal Impacts, Social Impacts, and Economic Impacts; Overview of Legalized Marijuana; Overview of Taxation; Estimating Fiscal Impacts in Henderson; Colorado Sales Revenue and Public Revenue; Washington Sales Revenue and Public Revenue; Oregon Public Revenue; Nevada Sales Revenue Projection; Nevada Public Revenue Projection; Henderson Sales Revenue Projection; Henderson Public Revenue Projection; Public Health; Youth Use; Public Safety; Gross Domestic Product (GDP) Growth; Economic Impacts Defined; Colorado Economic Impacts; and Henderson Economic Impacts. A brief discussion ensued regarding stabilization of the industry and measuring impacts. The following residents voiced support for retail marijuana regulations and licenses: Stephanie Till, 107 Workman Court, representing K and H Consulting; Ryan McKnight, 109 Cascade Meadow Court; Clay Bloxham, 211 Wanda Road; Amanda Connor, 30 Desert Highlands Drive; and Jay Bryant-Chavez, 6530 Annie Oakley Drive. It was suggested that Henderson should set a gold standard in this industry through proper education and regulations. Patricia Jesinoski, 1016 Geranium Drive, questioned how the City will be paid since marijuana businesses are handled in cash, and how monetary transactions will be monitored. Linda Buckhardt, 1664 Rockcrest Avenue, asked how tax money is collected from marijuana establishments. She voiced opposition due to safety concerns, crime, and a negative influence on kids. Councilman Marz read an article from a newspaper regarding impacts of marijuana establishments. He noted that he voted to support medical marijuana as it helps various health ailments. Councilman Marz stated he does not support recreational marijuana due to unknown financial and social impacts, and it does not fit with Henderson being a “premier” city. Henderson City Council Committee Meeting Page 5 of 8 Tuesday, September 5, 2017 – Minutes Responding to questions regarding the City’s process, Mr. Cathcart explained that the City has hired an additional business license auditor devoted to auditing the marijuana industry. Staff monitors the cash brought into City Hall; however, staff is considering process improvements. Mr. Tassi reviewed distance separation requirements outlined in the Code. Staff will also review proposed signage to determine whether it meets Code. It was noted that the signage design must be approved by the State. Responding to a question regarding police statistics, Todd Peters, Acting Chief, Henderson Police Department, reported there were nine DUI cases in July of 2017 related to marijuana, and ten in August of 2017. Councilman Stewart stated that the consequences can be identified, but we cannot quantify the effects of the implications. He believes the City is rushing into this issue too quickly. He supports medical marijuana; however, recreational marijuana has more impacts on the community. He suggested the City can make a bold statement to not allow recreational marijuana, which would attract more companies to Henderson and maintain a premier community. Councilman Shaw noted that all the councilmembers are concerned about what is best for the community. He agrees there are negative and positive aspects of this difficult issue. Councilman Shaw stated the State and the voters of Henderson approved recreational marijuana. He believes it is important to ensure controls are in place to limit the number of locations, and that checking accounts are established. He also noted the revenues will help the education system. Councilwoman Schroder commented that she understands all the concerns. She supports existing medical establishments being used for recreational dispensaries, and believes marijuana usage will happen illegally if it not approved. She agreed that the revenues gained from these sales will benefit the City. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 3171, as amended, to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, Gerri Schroder, and Dan K. Shaw. Those voting nay: John F. Marz, and Dan H. Stewart. Those absent: None. Those abstaining: None. Mayor March declared the motion carried.  Henderson City Council Committee Meeting Page 6 of 8 Tuesday, September 5, 2017 – Minutes Note: C-4 and C-6 were heard together. C-4 BILL NO. 3168 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.05 BUSINESS LICENSE FEE SCHEDULES CITY ATTORNEY'S OFFICE, CITY MANAGER'S OFFICE, AND BUSINESS LICENSE City Manager Murnane introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.05 – BUSINESS LICENSE FEE SCHEDULES - OF THE HENDERSON MUNICIPAL CODE. Michael Cathcart, Business Operations Manager, presented a summary of this item and reviewed proposed amendments. Michael Tassi, Assistant Director of Community Development and Services, presented a summary of this item. Responding to questions by Councilwoman Schroder regarding State funding that was allocated to cities, Mr. Cathcart said $10 million was allocated for the Governor’s biannual budget for impacts to local jurisdictions. A distribution formula has not been developed at this time. Councilwoman Schroder commented that $5 million for one year to be allocated throughout the entire state of Nevada is not much. (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3168 to the Regular Meeting with a do-pass recommendation, as amended. The roll call vote favoring passage was: Those voting aye: Debra March, Gerri Schroder, Dan K. Shaw. Those voting nay: John F. Marz and Dan H. Stewart. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Committee Meeting Page 7 of 8 Tuesday, September 5, 2017 – Minutes C-5 BILL NO. 3172 AMEND HENDERSON MUNICIPAL CODE TITLE 19 - MARIJUANA ESTABLISHMENTS DEVELOPMENT CODE UPDATE CITY ATTORNEY'S OFFICE, COMMUNITY DEVELOPMENT AND SERVICES City Manager Murnane introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 19 – HENDERSON DEVELOPMENT CODE - REGARDING REGULATIONS FOR MARIJUANA ESTABLISHMENT USES BY AMENDING PORTIONS OF SECTION 19.5.5 - COMMERCIAL USES, CHAPTER 19.6 - ADMINISTRATION AND CHAPTER 19.12 - DEFINITIONS, OF THE HENDERSON MUNICIPAL CODE; TO MAKE VARIOUS CORRECTIONS, REVISIONS AND UPDATES AS NECESSARY. See discussion under C-3. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 3172 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, Gerri Schroder, Dan K. Shaw. Those voting nay: John F. Marz and Dan H. Stewart. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. C-6 BILL NO. 3169 AMEND SECTION 18.01.030 – FEES FOR APPLICATIONS AND SERVICES – OF THE HENDERSON MUNICIPAL CODE COMMUNITY DEVELOPMENT AND SERVICES City Manager Murnane introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 18.01.030 - FEES FOR APPLICATIONS AND SERVICES – OF CHAPTER 18.01 – COMMUNITY DEVELOPMENT FEE SCHEDULES - OF THE HENDERSON MUNICIPAL CODE. See discussion under C-4. Henderson City Council Committee Meeting Page 8 of 8 Tuesday, September 5, 2017 – Minutes (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 3169 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, Gerri Schroder, Dan K. Shaw. Those voting nay: John F. Marz and Dan H. Stewart. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. V. PUBLIC COMMENT There were no public comments presented. VI. ADJOURNMENT There being no further business to come before the Council, Mayor March, in concurrence with the Council, adjourned the Committee Meeting at 7:08 p.m. PASSED AND ADOPTED THIS 19TH DAY OF SEPTEMBER, 2017. ______________________ Debra March Mayor ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk