City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING January 17, 2012 I. CALL TO ORDER Mayor Pro Tem March called the Regular Meeting to order at 7:02 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 Regular 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: Mayor Pro Tem Debra March Councilmembers: Sam Bateman Gerri Schroder Absent: Mayor Andy Hafen Officers: Mark Calhoun, City Manager Sabrina Mercadante, City Clerk Josh Reid, City Attorney Absent: None Staff: Bob Murnane, Public Works Director Stephanie Garcia-Vause, Community Development Director Richard Derrick, Finance Director Tedie Jackson, Minutes Clerk Jonathon Nunes, Council and Commission Services Coordinator III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Reverend Sophia Falke, United Center in the Valley, and followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 27 January 17, 2012 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Gerri Schroder moved to accept the agenda as amended: CA-11 was withdrawn at the request of staff. NB-36 was continued to February 21, 2012, at the request of the Henderson Space and Science Center; and NB-37 was continued to February 21, 2012, at the request of staff. NB-40, the recommendation should state “refer to the committee meeting of February 7, 2012. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. V. CONSENT AGENDA CA-1 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS JANUARY 3, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting Minutes of January 3, 2012. (Motion) Councilman Bateman moved to adopt the City Council Committee, and Regular Meeting Minutes of January 3, 2012. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-2 CASH REQUIREMENTS REGISTER DECEMBER 4, 2011 THROUGH DECEMBER 25, 2011 FINANCE DEPARTMENT Cash requirements register for the period of December 4, 2011, through December 25, 2011, in the amount of $23,346,400.04. Henderson City Council Regular Meeting Page 3 of 27 January 17, 2012 – Minutes (Motion) Councilman Sam Bateman moved to approve the Cash Requirements Register for the period of December 4, 2011, through December 25, 2011, in the amount of $23,346,400.04. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-3 AGREEMENT SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY CMTS NOS. 132-11-425,286 SNRHA NSP3 NEIGHBORHOOD SERVICES Agreement between the City of Henderson and the Southern Nevada Regional Housing Authority ("SNRHA") to administer the Community Development Block Grant - Neighborhood Stabilization ("CDBG-NSP") funded program known as the Acquisition Rehabilitation and Rental ("ARRENT") program. (Motion) Councilman Sam Bateman moved to approve the agreement between the City of Henderson and the Southern Nevada Regional Housing Authority ("SNRHA") to administer the Community Development Block Grant - Neighborhood Stabilization ("CDBG-NSP") funded program known as the Acquisition Rehabilitation and Rental ("ARRENT") program. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-4 AGREEMENT HOUSING FOR NEVADA CMTS NOS. 132-11-1,445,100-HFN-CDBG NSP3 NEIGHBORHOOD SERVICES Agreement between the City of Henderson and Housing for Nevada for the use of Community Development Block Grant Neighborhood Stabilization Program 3 ("CDBG NSP3") funds to benefit low-moderate and middle-income households. (Motion) Councilman Sam Bateman moved to approve the agreement between the City of Henderson and Housing for Nevada for the use of Community Development Block Grant Neighborhood Stabilization Program 3 ("CDBG NSP3") funds to benefit low-moderate and middle-income households. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 4 of 27 January 17, 2012 – Minutes CA-5 AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (CDBG-NSP) GRANT CMTS NOS. #132-11-500,000-CDBG-NSP3-RDA NEIGHBORHOOD SERVICES Agreement between the City of Henderson Neighborhood Services Division and the City of Henderson Redevelopment Agency in which the Agency will receive $500,000.00 from the Community Development Block Grant-Neighborhood Stabilization Program for the purchase of eligible residential properties within the target area bounded by West Basic Road, West Pacific Avenue, West Atlantic Avenue, and Nickel Street. (Motion) Councilman Sam Bateman moved to approve the agreement between the City of Henderson Neighborhood Services Division and the City of Henderson Redevelopment Agency in which the Agency will receive $500,000.00 from the Community Development Block Grant-Neighborhood Stabilization Program for the purchase of eligible residential properties within the target area bounded by West Basic Road, West Pacific Avenue, West Atlantic Avenue, and Nickel Street. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-6 SECOND AMENDMENT NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) CMTS NOS. 132-11-60,500-CDPCN 2ND AMEND NSP1 NEIGHBORHOOD SERVICES Second Amendment to the December 9, 2009, Agreement between the City of Henderson and Community Development Programs Center of Nevada ("CDPCN"), for the use of Neighborhood Stabilization Program (NSP1) funds to purchase, rehabilitate, and resell two foreclosed properties. Henderson City Council Regular Meeting Page 5 of 27 January 17, 2012 – Minutes (Motion) Councilman Sam Bateman moved to approve the Second Amendment to the December 9, 2009, Agreement between the City of Henderson and Community Development Programs Center of Nevada ("CDPCN"), for the use of Neighborhood Stabilization Program (NSP1) funds to purchase, rehabilitate, and resell two foreclosed properties. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-7 INTERLOCAL CONTRACT SUNSET LIFT STATION AREA WASTEWATER SERVICES CMTS NO. 124-12-ILA-120711-1023 DEPARTMENT OF UTILITY SERVICES Interlocal Contract between the City of Henderson and the Clark County Water Reclamation District to provide wastewater services to the Sunset Lift Station area. (Motion) Councilman Sam Bateman moved to approve the Interlocal Contract between the City of Henderson and the Clark County Water Reclamation District to provide wastewater services to the Sunset Lift Station area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-8 AWARD OF CONTRACT LAKE MEAD PARKWAY TRAIL AND WETLANDS TRAIL PHASE II CMTS NO. 131-12-PR-172-001 PUBLIC WORKS DEPARTMENT Award of Contract No. 131-12-PR-172-001, Lake Mead Parkway and Wetlands Trail Phase II, to APCO Construction, in the total amount of $9,632,134.78, and authorize the City Manager to execute the contract for the City. (Motion) Councilman Sam Bateman moved to award Contract No. 131-12-PR-172-001, Lake Mead Parkway and Wetlands Trail Phase II, to APCO Construction, in the total amount of $9,632,134.78, and authorize the City Manager to execute the contract for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 6 of 27 January 17, 2012 – Minutes CA-9 AWARD OF BID INVITATION FOR BIDS (IFB) 103-12 AQUATIC CHEMICALS CMTS NOS. 411-12-REC-140, 411-12-REC-141 PARKS AND RECREATION Award of Invitation for Bids (IFB) 103-12, Aquatic Chemicals, to the lowest bidders on a per-lot basis, based on the lowest responsive and responsible competitive bids. (Motion) Councilman Sam Bateman moved to award IFB 103-12 Aquatic Chemicals Lots 1 and 7 to Thatcher Company of Nevada for the estimated amount of $68,736.27 annually, and Lots 2, 3, 4, 5, 6, and 8 to Brenntag Pacific, Inc., for the estimated amount of $82,634.11 annually, and to execute the contract including any subsequent change orders/amendments and renewals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-10 FOURTH SUPPLEMENTAL INTERLOCAL CONTRACT PITTMAN WASH, UPRR TO SANTIAGO PROJECT HEN07B09, DESIGN CMTS NOS. 131-11-FC-084-002 PUBLIC WORKS DEPARTMENT Fourth Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for Pittman Wash, UPRR to Santiago, Project HEN07B09 Design, to increase funding for design engineering and right-of-way engineering associated with the arch culvert redesign. (Motion) Councilman Sam Bateman moved to approve the Fourth Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for Pittman Wash, UPRR to Santiago, Project HEN07B09 Design, to increase funding for design engineering and right-of-way engineering associated with the arch culvert redesign. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 7 of 27 January 17, 2012 – Minutes CA-11 BUDGET AUGMENTATION DETENTION CENTER FOOD AND PRISONER SUPPLY POLICE DEPARTMENT Budget augmentation request for Detention Center food and prisoner supplies in the amount of $300,000.00. Additional contract prisoners and an increase in inmate telephone use revenues will be used to offset the additional prisoner supply costs. (Action) This item was withdrawn at the request of staff. CA-12 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-18 PROJECTS ADP D-E1A, ADP D-E1B, ADP D-E1C, ADP D-E1D, AND ADP D-E1E CMTS NO. 121-05-118 FINANCE DEPARTMENT Approve payment and acquisition costs relating to Local Improvement District (LID) T-18, Projects ADP- D-E1A, ADP D-E1B, ADP D-E1C, ADP D-E1D, and ADP D-E1E (East 1 Drainage Facilities), in the amount of $14,554,848.56 (less Gomez Consulting Group costs). (Motion) Councilman Sam Bateman moved to approve payment and acquisition of Projects ADP- D-E1A, ADP D-E1B, ADP D-E1C, ADP D-E1D, and ADP D-E1E in the amount of $14,554,848.56 (less Gomez Consulting Group costs) to be paid from LID T-18 Bond Proceeds upon full compliance with the provisions of the Acquisition Agreement dated April 1, 2006. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 8 of 27 January 17, 2012 – Minutes CA-13 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICT (LID) LID T-13, LID T-14, LID T-15, LID T-16, LID T-17, LID T-18 FINANCE DEPARTMENT Authorization to proceed with Notice of Sale of Properties for Delinquent Assessments in LID T-13, LID T-14, LID T-15, LID T-16, LID T-17 and LID T-18, set the date for sale, and accelerate assessment amounts due on parcels whose total taxable assessed value is greater than the pay-off of the entire assessment and to not accelerate on parcels whose taxable assessed value is less than the pay-off of the entire assessment. (Motion) Councilman Sam Bateman moved to approve to proceed with the Notice of Sale of Properties for Delinquent Assessments in LID T-13, LID T-14, LID T-15, LID T-16, LID T-17 and LID T-18; set a date for the sale for April 24, 2012, at 11:00 a.m. in the Henderson Council Chambers, and that the assessments be accelerated on parcels whose total assessed taxable value is greater than the pay-off amount and for parcels whose taxable assessed value is less than the pay-off of the assessment, only the delinquent balance becomes due and payable as permitted by ordinance. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-14 GRANT OF EASEMENT CENTRAL TELEPHONE COMPANY APN: 179-18-703-008 APPLICANT: CENTRAL TELEPHONE COMPANY, D/B/A CENTURYLINK Approval of a Grant of Easement to Central Telephone Company, d/b/a CenturyLink, on City-owned land APN: 179-18-703-008, (Pacific Pines) in the Southeast Quarter of Section 18, Township 22 South, Range 63 East, M.D.M., generally located northeast of Water Street and Atlantic Avenue in the Downtown Redevelopment Area and the Townsite Planning Area. (Motion) Councilman Sam Bateman moved to approve the Grant of Easement to Central Telephone Company, d/b/a CenturyLink. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 9 of 27 January 17, 2012 – Minutes CA-15 VACATION VAC-2011500364-MUE MUNICIPAL UTILITY EASEMENT APPLICANT: AMPAC APARTMENTS, LLC Approval of request to vacate two Municipal Utility Easements, per Document No. 20080710:01320, Official Records, Clark County, Nevada, generally located northwest of Stephanie Street and American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., in the Cornerstone Redevelopment and Gibson Springs Planning Areas. (Motion) Councilman Sam Bateman moved to approve the request to vacate two Municipal Utility Easements, per Document No. 20080710:01320, Official Records, Clark County, Nevada, generally located northwest of Stephanie Street and American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., in the Cornerstone Redevelopment and Gibson Springs Planning Areas, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-16 RIGHT-OF-WAY ROW-041-11 APPLICANT: LAKE LAS VEGAS SOUTHSHORE RESIDENTIAL COMMUNITY ASSOCIATION Acceptance of two municipal utility easements for lift stations in the Southeast Quarter of Section 14 and the Northwest Quarter of Section 23, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Las Vegas Parkway and Grand Mediterra Boulevard in the Lake Las Vegas Planning Area. Henderson City Council Regular Meeting Page 10 of 27 January 17, 2012 – Minutes (Motion) Councilman Sam Bateman moved to accept two municipal utility easements for lift stations in the Southeast Quarter of Section 14 and the Northwest Quarter of Section 23, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Las Vegas Parkway and Grand Mediterra Boulevard in the Lake Las Vegas Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-17 RIGHT-OF-WAY ROW-042-11 APPLICANT: JAMES BILBRAY Acceptance of a public trail easement for the Lake Mead Parkway Trail located within Lake Mead Parkway in the Southwest Quarter of Section 33, Township 21 South, Range 63 East, M.D.M., generally located southwest of Athens Avenue and Lake Mead Parkway in the Foothills Planning Area. (Motion) Councilman Sam Bateman moved to accept a public trail easement for the Lake Mead Parkway Trail located within Lake Mead Parkway in the Southwest Quarter of Section 33, Township 21 South, Range 63 East, M.D.M., generally located southwest of Athens Avenue and Lake Mead Parkway in the Foothills Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 11 of 27 January 17, 2012 – Minutes CA-18 RIGHT-OF-WAY ROW-043-11 APPLICANT: THE LANDWELL COMPANY Acceptance of right-of-way for a driveway entrance off Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept a right-of-way for a driveway entrance off Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-19 RIGHT-OF-WAY ROW-044-11 APPLICANT: LV WIGWAM, LLC Acceptance of right-of-way for a municipal utility easement adjacent to Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept a right-of-way for a municipal utility easement adjacent to Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: Henderson City Council Regular Meeting Page 12 of 27 January 17, 2012 – Minutes 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-20 RIGHT-OF-WAY ROW-045-11 APPLICANT: LV WIGWAM, LLC Acceptance of a public drainage easement (to be privately maintained) in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept a public drainage easement (to be privately maintained) in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-21 RIGHT-OF-WAY ROW-046-11 APPLICANT: LV WIGWAM, LLC Acceptance of right-of-way for a right-turn lane and driveway entrance off Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. Henderson City Council Regular Meeting Page 13 of 27 January 17, 2012 – Minutes (Motion) Councilman Sam Bateman moved to accept a right-of-way for a right-turn lane and driveway entrance off Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-22 RIGHT-OF-WAY ROW-047-11 APPLICANT: LV WIGWAM, LLC Acceptance of right-of-way for a municipal utility easement adjacent to Traverse Center Street in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept a right-of-way for a municipal utility easement adjacent to Traverse Center Street in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 14 of 27 January 17, 2012 – Minutes CA-23 RIGHT-OF-WAY ROW-048-11 APPLICANT: LV WIGWAM, LLC Acceptance of a pedestrian access easement adjacent to Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept a pedestrian access easement adjacent to Wigwam Parkway in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-24 RIGHT-OF-WAY ROW-049-11 APPLICANT: AMPAC APARTMENTS, LLC Acceptance of right-of-way for a driveway entrance off American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., generally located northwest of Stephanie Street and American Pacific Drive in the Cornerstone Redevelopment and Gibson Springs Planning Areas. (Motion) Councilman Sam Bateman moved to accept a right-of-way for a driveway entrance off American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., generally located northwest of Stephanie Street and American Pacific Drive in the Cornerstone Redevelopment and Gibson Springs Planning Areas, subject to the following: Henderson City Council Regular Meeting Page 15 of 27 January 17, 2012 – Minutes 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-25 RIGHT-OF-WAY ROW-050-11 APPLICANT: AMPAC APARTMENTS, LLC Acceptance of right-of-way for a municipal utility easement adjacent to east driveway entrance along American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., generally located northwest of Stephanie Street and American Pacific Drive in the Cornerstone Redevelopment and Gibson Springs Planning Areas. (Motion) Councilman Sam Bateman moved to accept a right-of-way for a municipal utility easement adjacent to east driveway entrance along American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., generally located northwest of Stephanie Street and American Pacific Drive in the Cornerstone Redevelopment and Gibson Springs Planning Areas, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 16 of 27 January 17, 2012 – Minutes CA-26 RIGHT-OF-WAY ROW-051-11 APPLICANT: AMPAC APARTMENTS, LLC Acceptance of right-of-way for a municipal utility easement adjacent to west property line along American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., generally located northwest of Stephanie Street and American Pacific Drive in the Cornerstone Redevelopment and Gibson Springs Planning Areas. (Motion) Councilman Sam Bateman moved to accept a right-of-way for a municipal utility easement adjacent to west property line along American Pacific Drive in the Southeast Quarter of Section 9, Township 22 South, Range 62 East, M.D.M., generally located northwest of Stephanie Street and American Pacific Drive in the Cornerstone Redevelopment and Gibson Springs Planning Areas, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-27 RIGHT-OF-WAY ROW-052-11 APPLICANT: CLARK COUNTY SCHOOL DISTRICT Acceptance of right-of-way for a right-turn lane at Pueblo Boulevard and Dooley Drive (Basic High School) in the Southeast Quarter of Section 17, Township 22 South, Range 63 East, M.D.M., generally located northeast of Palo Verde Drive and Dooley Drive in the Valley View Planning Area. (Motion) Councilman Sam Bateman moved to accept a right-of-way for a right-turn lane at Pueblo Boulevard and Dooley Drive (Basic High School) in the Southeast Quarter of Section 17, Township 22 South, Range 63 East, M.D.M., generally located northeast of Palo Verde Drive and Dooley Drive in the Valley View Planning Area, subject to the following: Henderson City Council Regular Meeting Page 17 of 27 January 17, 2012 – Minutes 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-28 BUSINESS LICENSE RESTAURANT WITH BAR GENGHIS GRILL APPLICANT: CHALAK-MANDIGO SUNSET LLC Application for Restaurant with Bar business license for Chalak-Mandigo Sunset LLC, dba Genghis Grill, 550 North Stephanie Street, Suite A, Henderson, Nevada 89014. (Motion) Councilman Sam Bateman moved to approve the application for Restaurant with Bar business license for Chalak-Mandigo Sunset LLC, dba Genghis Grill, 550 North Stephanie Street, Suite A, Henderson, Nevada 89014, pending Southern Nevada Health District and required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. CA-29 BUSINESS LICENSE AUCTIONEER ROMAC AUCTIONS APPLICANT: ROBERT JOHN VEATCH Application for Auctioneer business license for Robert John Veatch, dba Romac Auctions, 2586 Old Corral Road, Henderson, Nevada 89052. (Motion) Councilman Sam Bateman moved to approve the application for an Auctioneer business license for Robert John Veatch, dba Romac Auctions, 2586 Old Corral Road, Henderson, Nevada 89052, pending surety bond. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 18 of 27 January 17, 2012 – Minutes CA-30 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE XING APPLICANT: INTREPID GAMING OPERATING COMPANY, INC. Application for Beer, Wine, and Spirit-Based Products On-Sale business license for Intrepid Gaming Operating Company, Inc., dba Xing, 10 Via Brianza, Henderson, Nevada 89011. (Motion) Councilman Sam Bateman moved to approve the application for a Beer, Wine, and Spirit-Based Products On-Sale business license for Intrepid Gaming Operating Company, Inc., dba Xing, 10 Via Brianza, Henderson, Nevada 89011, pending Southern Nevada Health District and required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. VI. PUBLIC COMMENT There were no public comments. VII. UNFINISHED BUSINESS UB-31 REJECT BID PROTEST AND AWARD OF CONTRACT HORIZON CREST PARK (FORMERLY MISSION VIEW PARK) PROJECT B&H BLANCHARD HOFFMAN CONSTRUCTION, INC CMTS NOS. 131-12-PR-038-001 PUBLIC WORKS DEPARTMENT Reject the bid protest from Richardson Construction Inc. and award Contract No. 131-12-PR-038-001, Horizon Crest Park (Formerly Mission View Park), to B&H Blanchard Hoffman Construction, Inc., in the amount of $3,206,961.02, and authorize the City Manager to execute the contract for the City. Robert Murnane, Public Works Director, reported that bids for this project were opened November 29, 2011, with the apparent low bid from B&H Construction, in the amount of $3,206,961.02. He said there was a minor irregularity in their bid in that they failed to fill in an amount for one item. Subsequently, Richardson Construction, Inc. filed a bid protest. Mr. Murnane stated that staff has reviewed the bid and the protest and recommends the Council reject the protest and award the project to B&H Construction. Henderson City Council Regular Meeting Page 19 of 27 January 17, 2012 – Minutes Brent Gunson, Assistant City Attorney I, stated that B&H Construction left the structural soil bid item blank. He said staff determined that this was a minor irregularity and did not provide a substantial benefit to the other bidders; therefore, staff waived this irregularity and determined that the lowest and most responsible bidder was B&H Construction. Theodore Parker, III, submitted and reviewed a four-page letter into the record outlining the Mission View Park Bid Protest points by Richardson Construction. He believes that the error by B&H Construction is a material deviation from the bid requirements. He expressed concern that Mr. Gunson did not cite the most recent Nevada cases, which indicate the Supreme Court does not take kindly to public owners not enforcing their bid requirements. Mr. Parker questioned the integrity of this process and the integrity of the way the Council reviews bids. He suggested that the Council should enforce its own bidding requirements. He pointed out that Section 102.13 of the bid documents requires a quantity base bid with a value given for each line item. B&H Construction did not put any amount on line item 816.01, structural soil. He stated that staff manipulated the bid by inserting a number in this line item for the bidder. He voiced concern that staff also corrected a $146,000.00 math error. Mr. Parker noted that Mr. Gunson and staff actually had conversations with B&H Construction regarding the intent and the reason behind their failure to comply with the bid documents. Mr. Parker believes this is going against the sanctity and integrity of the bidding process. He asked the Council to do what is in the best interest of the taxpayers and adhere to recent Nevada Supreme Court cases hearing similar issues regarding bid complaints. Mr. Gunson stated that the cases cited by Mr. Parker do not change the evaluation the Supreme Court follows regarding a responsive bid. He noted that in this case, NRS 338 requires the project be awarded to the most responsive and responsible bidder. He referred to the bid documents, section 102.06, which says that a bidder shall quote a total price for each line item; however, it also says that a bidder who fails to quote a total price for each line item or modifies changes in the elements within his bid form without proper initials, may be deemed non- responsive. Mr. Gunson noted that B&H Construction’s bid was $160,000.00 less than the bid submitted by Richardson Construction. He said math errors can and will be corrected. He said the purpose of public bidding, per the Nevada Supreme court, is to protect the public. In this case, the public stands to save $160,000.00. Mr. Gunson stated that the recent Nevada cases cited by Mr. Parker are not completely on point because they do not deal with a line item being left blank. Mr. Gunson noted that the four cases he cited do deal with this issue, and three states said it is not a substantial benefit. He pointed out that no court has determined that a bid should be rejected because a line item was left blank. Henderson City Council Regular Meeting Page 20 of 27 January 17, 2012 – Minutes Councilman Bateman confirmed with Mr. Gunson that he cited cases outside of Nevada’s jurisdiction to consider analogous factual situations, and that a bid could be rejected upon a substantial irregularity. He said the argument is a substantial advantage or benefit not enjoyed by the other bidders. Responding to a question by Councilman Bateman regarding whether the City’s bid process is different than other local jurisdictions, Mr. Gunson said every project is different, and he does not think that Henderson requires much more than other jurisdictions. Mayor Pro Tem March said the competitive bidding process is to protect the publics’ trust and ensure competition is fair. She asked if staff determines a reasonable estimate of the project to compare with the bids. Mr. Murnane replied that staff would view any amounts substantially different than the estimate as an out-of-balance bid. He said staff has rejected bids on this basis in the past. Ray Hoffman, 240 E. Horizon Drive, President of B&H Construction, commended Mr. Gunson for his in depth review of the issues. He commented that it was their intent to have zero in that line item because the tree planting line items included the structural soil. He stated that there was no manipulation of their bid by staff. Councilwoman Schroder clarified that the bottom line is that B&H Construction submitted a bid that is $160,874.43 lower than Richardson Construction. For future bid documents, Mayor Pro Tem March commented that staff may want to consider that any empty columns should be a zero. Councilman Bateman said he does not think the structural soil line item is substantial or presented an advantage or benefit to the low bidder. Councilman Bateman moved to reject the bid protest and award the contract to B&H Construction. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 21 of 27 January 17, 2012 – Minutes UB-32 BILL NO. 2659 ZCA-06-660005-A4 TUSCANY PARCEL 11 CITY CLERK'S OFFICE Mayor Pro Tem March introduced Bill No. 2659 and City Manager Calhoun read the 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 32, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTWEST CORNER OF EAST GALLERIA DRIVE AND VIA ALATOIRE STREET ON 20.4 ACRES TO AMEND THE DESIGN STANDARDS TO REDUCE THE MINIMUM LOT SIZE AND LOT WIDTH FOR PARCEL 11 AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2659 as Ordinance No. 2954. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. UB-33 BILL NO. 2660 AMEND HMC CHAPTER 2.47 RECORDS MANAGEMENT CITY CLERK'S OFFICE Mayor Pro Tem March introduced Bill No. 2660 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING SECTION 2.47.040 THROUGH SECTION 2.47.050; REVISING THE MEMBERSHIP AND FUNCTIONS OF THE CITY RECORDS COMMITTEE, AND PROVIDING FOR OTHER MATTERS RELATING THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2660 as Ordinance No. 2955. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 22 of 27 January 17, 2012 – Minutes UB-34 BILL NO. 2661 ZCA-11-500286 RAINBOW CANYON CITY CLERK'S OFFICE Mayor Pro Tem March introduced Bill No. 2661 and City Manager Calhoun read the 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 SECTIONS 14, 15, 22 AND 23, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE NORTH END OF LAKE LAS VEGAS PARKWAY AND MONTELAGO BOULEVARD FROM DH-G-H (DEVELOPMENT HOLDING WITH GAMING AND HILLSIDE OVERLAY) ON 820.8 ACRES AND RS-6-G-MP-H-PUD (LOW-DENSITY RESIDENTIAL WITH GAMING ENTERPRISE, MASTER PLAN, HILLSIDE, AND PLANNED UNIT DEVELOPMENT OVERLAY) ON 55.1 ACRES TO RS-6-MP-G-H (LOW-DENSITY RESIDENTIAL) ON 300.2 ACRES, RS-8-MP-G-H (LOW- DENSITY RESIDENTIAL) ON 73 ACRES, RM-10-MP-G-H (MEDIUM-DENSITY RESIDENTIAL) ON 136.5 ACRES, RM-16-MP-G-H (MEDIUM-DENSITY RESIDENTIAL) ON 44.8 ACRES, RH-24-MP-G-H (HIGH-DENSITY RESIDENTIAL) ON 3.6 ACRES, CN-MP-G-H (NEIGHBORHOOD COMMERCIAL) ON 9.5 ACRES, AND PS-MP-G-H (PUBLIC/SEMIPUBLIC) ON 308.3 ALL WITH MASTER PLAN, GAMING ENTERPRISE, AND HILLSIDE OVERLAY, AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2661 as Ordinance No. 2956. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. VIII. NEW BUSINESS NB-35 RESIDENTIAL RECYCLING SURVEY RESULTS COMMUNITY DEVELOPMENT Report on the Republic Services Residential Recycling Pilot Program Survey Results. Henderson City Council Regular Meeting Page 23 of 27 January 17, 2012 – Minutes Pamela Gallion, Director, Cannon Survey Center, UNLV, gave a PowerPoint presentation titled, “The City of Henderson Assessment of Republic Services Clean Community and Enhanced Recycling Program.” She reviewed slides regarding the survey methodology, demographics, respondent age, recycling habits, attitudes towards recycling, satisfaction with program characteristics, use of carts, satisfaction with recycle and trash pickup, odor issues, bulk service, and barriers to recycling. Nelson Orth, 2121 Mountain City Street, said he did not have an opportunity to review the slides and asked to be provided a copy of the survey so he can submit comments to the Council. He said most homeowner associations do not allow trash and recycle bins to be exposed. He expressed concern that the size of these large bins will make it difficult for many homeowners to store them in a garage or an enclosed area, which will cause residents to be fined by their homeowner’s association. Mr. Orth stated that he is opposed to the recycling program. Rana Goodman, 2763 Foxtail Creek, expressed concern that reducing the trash pick up to once per week will cause odors during the summer months. She noted that many homes in Sun City Anthem have desert landscaping, and seniors will have a difficult time maneuvering the trash and recycle bins over rocks to store the containers behind their side gate. She suggested the City ask the residents if they want this program before forcing all residents to live with it. Responding to a question by Mayor Pro Tem March regarding the validity of the survey, Ms. Gallion explained that the survey was given to a random sampling of residents who have been participating in the pilot program. It was noted that 18.3 percent of the people who took the survey were 65 or over. Councilwoman Schroder asked about the different sizes of bins and how many neighborhood meetings Republic Services held throughout Henderson. Bob Coyle, Republic Services, replied that they offer three different size containers in the program: a small 35-gallon cart; a medium 65-gallon cart, and a large 95 gallon cart. He noted that all the different carts are on display at Sun City Anthem community center. Mr. Coyle said City staff scheduled five neighborhood meetings in the spring of 2010, with approximately 100 to 150 residents attending each meeting. As a result of those meetings, Republic Services was asked to make presentations to many homeowner associations. He estimated that they held 15 to 20 meetings for community outreach before the pilot program was implemented. Councilwoman Schroder commented that most everyone in her neighborhood recycles and she has not heard any complaints. She asked if the survey was taken during the winter months when odors would not be as strong. Henderson City Council Regular Meeting Page 24 of 27 January 17, 2012 – Minutes Ms. Gallion responded that the survey was taken September 30, 2011, through October 17, 2011. Mr. Coyle noted that the City of Henderson and Republic Services is hosting two open house meetings on January 24, 2012, at Sun City Anthem, from 2:00 p.m. to 5:00 p.m. and 7:00 p.m. to 9:00 p.m. Mr. Coyle explained that the participation rate in the sections of the city that still use the recycle crates is less than 20 percent. The participation rate in the sections of the city that participate in the pilot recycling program is about 75 percent. He stated that the recycling program has been a huge environmental success. Mayor Pro Tem March commented that recycling will help extend the life of the landfill and create the potential of reusing the recycled materials. She asked if there is a City ordinance to use trash cans. Stephanie Garcia Vause, Director of Community Development, replied that there is an ordinance that requires garbage be in containers. Many homeowner associations do require that trash containers be stored out of sight. She said staff is attempting to work with homeowners’ associations to help find solutions to store the containers. Addressing a question by Ms. Goodman about the ability for non-participants to be part of the survey, Ms. Garcia-Vause stated that residents who are or are not on the pilot program can access the City of Henderson website and participate in a recycling survey. She noted that staff does want to hear feedback from residents who are not on the pilot program. Councilman Bateman stated that he can understand issues with homeowners’ associations and suggested that the City continue to work with them to find solutions. Mayor Pro Tem March asked staff to provide Mr. Orth and Ms. Goodman with a copy of the survey results. (Motion) Councilwoman Gerri Schroder moved to accept the Republic Services Residential Recycling Pilot Program Survey Results report. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 25 of 27 January 17, 2012 – Minutes NB-36 HENDERSON SPACE & SCIENCE CENTER FUNDING FOR ARCHITECTURAL SERVICES AND FOR DIRECTOR OF DESIGN AND CONSTRUCTION APPLICANT: HENDERSON SPACE & SCIENCE CENTER/ CULTURAL ARTS AND TOURISM The Henderson Space and Science Center is requesting funding for further architectural services and for the position of Director of Design and Construction. (Action) This item was continued to February 21, 2012, at the request of the Henderson Space and Science Center. NB-37 POTENTIAL DISPOSITION OF LAND FUND RESOURCES APPLICANT: CITY MANAGER'S OFFICE Establish a timeline to bring a recommendation regarding the disposition of Henderson Space and Science Center (HSSC) funds back to council for consideration and direct the City Manager and City Attorney to enter into discussion with the Executive Director of the HSSC on the details related to the HSSC gift agreement. (Action) This item was continued to February 21, 2012, at the request of staff. NB-38 APPOINTMENT (MARCH) PUBLIC IMPROVEMENT TRUST CITY CLERK'S OFFICE One appointment by Councilwoman March to the Public Improvement Trust to fill the vacancy left by Edward Hanigan, with term to expire June 30, 2016. (Motion) Councilwoman Debra March moved to appoint Dan Stewart to the Public Improvement Trust, with term to expire June 30, 2016. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. Henderson City Council Regular Meeting Page 26 of 27 January 17, 2012 – Minutes NB-39 APPOINTMENT (MAYOR HAFEN) COMMISSION ON CULTURAL ARTS AND TOURISM CITY CLERK'S OFFICE One appointment by Mayor Hafen to the Commission on Cultural Arts and Tourism to fill the vacancy left by Brian Johnson, with term to expire June 30, 2015. (Motion) On behalf of Mayor Hafen, Mayor Pro Tem Debra March moved to appoint Mike Moreno to the Commission on Cultural Arts and Tourism, with term to expire June 30, 2015. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. NB-40 BILL NO. 2662 PARK TAX DISTRICT BOUNDARY CHANGE PARKS AND RECREATION Mayor Pro Tem March introduced Bill No. 2662 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA, AMENDING ORDINANCE 2305, BY AMENDING THE HENDERSON PARK DISTRICT BOUNDARIES MAP, TO REMOVE A PORTION OF THE SOUTH DISTRICT WHICH LIES NORTH OF THE UNION PACIFIC RAILROAD RIGHT OF WAY AND PLACE IT WITHIN THE EAST DISTRICT; AND OTHER MATTERS PROPERTLY RELATED THERETO. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2662 to the Committee meeting of February 7, 2012. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: Andy Hafen. Those abstaining: None. Mayor Pro Tem Debra March declared the motion carried. IX. MAYOR\COUNCIL MEMBER COMMENTS There were no Mayor or Councilmember comments. Henderson City Council Regular Meeting Page 27 of 27 January 17, 2012 – Minutes X. SET MEETING The Committee Meeting for February 7, 2012, was set for 6:45 p.m. XI. ADJOURNMENT There being no further business to come before the Council, Mayor Pro Tem March, in concurrence with the Council, adjourned the Regular Meeting at 8:14 p.m. PASSED AND ADOPTED THIS 7th DAY OF FEBRUARY, 2012. ______________________ Debra March Mayor Pro Tem ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk