City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING March 6, 2012 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:05 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. Mayor Hafen recognized Boy Scout Troop Nos. 565 and 22. 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: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Mark Calhoun, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Staff: Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development Richard Derrick, Finance Director Tedie Jackson, Minutes Clerk Jonathon Nunes, Council and Commission Services Coordinator Amber Ellis, Acting Council and Commission Services Coordinator III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Gloria Campman, Nevada House of Prayer, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 31 March 6, 2012 – Minutes IV. ACCEPTANCE OF AGENDA NB-33 was heard immediately following approval of the Consent Agenda. (Motion) Councilwoman Debra March moved to accept the agenda as amended. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. PRESENTATIONS PR-1 PRESENTATION PITTMAN WASH SANITARY SEWER UPDATES AND EMERGENCY REPAIRS DEPARTMENT OF UTILITY SERVICES Recognition of the City of Henderson Department of Utility Services by Project GREEN: Friends of Pittman Wash, for the efforts of the City of Henderson Department of Utility Services during the recent construction in the Pittman Wash between Arroyo Grande Boulevard and Green Valley Parkway. (Action) City Manager Calhoun introduced Curt Chandler and Evelyn Gajowski from Project GREEN: Friends of Pittman Wash, to present a certificate recognizing the City of Henderson Department of Utility Services for their efforts during the recent construction in the Pittman Wash between Arroyo Grande Boulevard and Green Valley Parkway. VI. CONSENT AGENDA CA-2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS FEBRUARY 21, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of February 21, 2012. Henderson City Council Regular Meeting Page 3 of 31 March 6, 2012 – Minutes (Motion) Councilwoman Debra March moved to adopt the Committee and Regular Meeting minutes of February 21, 2012. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-3 AUTHORIZATION TO REQUEST PROPOSALS AND NEGOTIATE PROFESSIONAL SERVICES AGREEMENT HORIZON RIDGE DETENTION BASIN CMTS NO. 131-11-FC-106-001 PUBLIC WORKS DEPARTMENT Authorization to request proposals and negotiate for professional design services for the Horizon Ridge Detention Basin and Outfall Channel Project. (Motion) Councilwoman Debra March moved to approve City of Henderson staff to request proposals and negotiate for professional design services for the Horizon Ridge Detention Basin and Outflow Channel project. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-4 AMENDMENT NO. 1 TO PROFESSIONAL DESIGN SERVICES AGREEMENT WHITNEY MESA TRAIL AND TRAILHEAD AND WHITNEY MESA NATURE PRESERVE PHASE II PROJECT CMTS NO. 131-11-PR-168-001 PUBLIC WORKS DEPARTMENT Amendment No. 1 to the Professional Design Services Agreement between the City of Henderson and JW Zunino & Associates for the Whitney Mesa Trail and Trailhead and Whitney Mesa Nature Preserve Phase II Project, to provide for post design and additional design services including reviewing shop drawings, responding to requests for information, reviewing product substitution requests, attending field meetings, revising plans, and preparing record drawings, in the amount of $225,000.00. Henderson City Council Regular Meeting Page 4 of 31 March 6, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve Amendment No. 1 to the Professional Design Services Agreement between the City of Henderson and JW Zunino & Associates for the Whitney Mesa Trail and Trailhead and Whitney Mesa Nature Preserve Phase II Project in the amount of $225,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS CONTRACT NO. 131-12-SL-025-001 2012 STREETLIGHT KNOCKDOWN AND REPLACEMENT PROGRAM PUBLIC WORKS DEPARTMENT Authorization to advertise and receive bids on Contract No. 131-12-SL-025-001, 2012 Streetlight Knockdown and Replacement Program, for the replacement of streetlight poles either damaged through vehicular collisions or those scheduled for routine replacement within the City of Henderson. (Motion) Councilwoman Debra March moved to approve the advertisement for bids on Contract No. 131-12-SL-025-001, 2012 Streetlight Knockdown and Replacement Program. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 AUTHORIZATION TO SELECT CMAR CONTRACTOR CONTRACT NO. 131-10-FC-084-004 PITTMAN WASH UPRR TO SANTIAGO PUBLIC WORKS DEPARTMENT Authorization to Select a Construction Management at Risk (CMAR) Contractor for Contract No. 131-10-FC-084-004, the Pittman Wash - UPRR to Santiago Drive Project. (Motion) Councilwoman Debra March moved to approve the request by staff to select a Construction Management at Risk (CMAR) Contractor and to negotiate CMAR services for Contract No. 131-10-FC-084-004, the Pittman Wash - UPRR to Santiago Drive Project. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 5 of 31 March 6, 2012 – Minutes CA-7 AWARD OF IFB 106-12 INDUCTION ROADWAY FIXTURES CMTS NO. 131-12-TM-013 PUBLIC WORKS DEPARTMENT Award of Invitation for Bids (IFB) 106-12, Induction Roadway Fixtures, to US Lighting Tech, the lowest, responsive and responsible bidder. (Motion) Councilwoman Debra March moved to award IFB 106-12 to US Lighting Tech, and authorize the City Manager to execute the contract and subsequent renewals for the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 INTRASTATE INTERLOCAL CONTRACT BETWEEN PUBLIC AGENCIES STATE OF NEVADA (DEPT. OF PUBLIC SAFETY RECORDS & TECHNOLOGY DIVISION, RECORDS BUREAU) AND HENDERSON POLICE DEPARTMENT CMTS NO. 211-12-0208121J POLICE DEPARTMENT Intrastate Interlocal Contract between the Henderson Police Department and the State of Nevada acting by and through its Department of Public Safety Records & Technology Division, Records Bureau, regarding access to the Nevada Criminal Justice Information System (NCJIS), and the National Crime Information Center (NCIC) License Plate Reader Project (LPR). (Motion) Councilwoman Debra March moved to approve the Intrastate Interlocal Contract between Public Agencies between the State of Nevada acting by and through its Department of Public Safety Records & Technology Division, Records Bureau and the Henderson Police Department for NCJIS. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 6 of 31 March 6, 2012 – Minutes CA-9 CREDIT REIMBURSEMENT NO. 18 LOCAL IMPROVEMENT DISTRICT (LID) T-18 INSPIRADA CMTS NO. 121-05-118 FINANCE DEPARTMENT Credit Reimbursement Payment Request No. 18 for South Edge, LLC in the amount of $918,906.98, for acquisition costs relating to Local Improvement District (LID) T-18. (Motion) Councilwoman Debra March moved to approve payment to South Edge, LLC in the amount of $918,906.98 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 RIGHT-OF-WAY ROW-009-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-009-12, for the west driveway entrance off Wigwam Parkway for the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-009-12, for the west driveway entrance off Wigwam Parkway for the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 7 of 31 March 6, 2012 – Minutes CA-11 RIGHT-OF-WAY ROW-010-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-010-12, for the middle driveway entrance off Wigwam Parkway for the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-010-12, for the middle driveway entrance off Wigwam Parkway for the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 RIGHT-OF-WAY ROW-011-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-011-12, a municipal utility easement along the east side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-011-12, a municipal utility easement along the east side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: Henderson City Council Regular Meeting Page 8 of 31 March 6, 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 RIGHT-OF-WAY ROW-012-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-012-12, a municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-012-12, a municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 RIGHT-OF-WAY ROW-013-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-013-12, a municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. Henderson City Council Regular Meeting Page 9 of 31 March 6, 2012 – Minutes (Motion) Councilwoman Debra March moved to accept ROW-013-12, a municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-15 RIGHT-OF-WAY ROW-014-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-014-12, for the west driveway entrance off Wigwam Parkway for the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-014-12, for the west driveway entrance off Wigwam Parkway for the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 31 March 6, 2012 – Minutes CA-16 RIGHT-OF-WAY ROW-015-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-015-12, the south municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-015-12, the south municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-17 RIGHT-OF-WAY ROW-016-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-016-12, the north municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-016-12, the north municipal utility easement along the west side of the Stephanie Wigwam Retail in the Southwest Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southeast of Stephanie Street and Wigwam Parkway in the Gibson Springs Planning Area, subject to the following: Henderson City Council Regular Meeting Page 11 of 31 March 6, 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: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 BUSINESS LICENSE REFLEXOLOGY ESTABLISHMENT JUAN T. MACDONALD APPLICANT: JUAN T. MACDONALD Ratification of administrative approval for the Reflexology Establishment business license for Juan T. MacDonald, 284 East Lake Mead Parkway, Suite B, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to ratify the administrative approval for the Reflexology Establishment business license for Juan T. MacDonald, 284 East Lake Mead Parkway, Suite B, Henderson, Nevada 89015. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE USA STEPHANIE APPLICANT: YSR, INC Application for Beer, Wine, and Spirit-Based Products Off-Sale business license for YSR, Inc, dba USA Stephanie, 205 South Stephanie Street, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for YSR, Inc, dba USA Stephanie, 205 South Stephanie Street, Henderson, Nevada 89015, pending Southern Nevada Health District approval. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 31 March 6, 2012 – Minutes CA-20 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE BEACH HUT DELI APPLICANT: SOPT LLC Application for Beer, Wine, and Spirit-Based Products On-Sale business license for SOPT LLC, dba Beach Hut Deli, 9500 South Eastern Avenue, Suite 190, Henderson, Nevada 89074. (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for SOPT LLC, dba Beach Hut Deli, 9500 South Eastern Avenue, Suite 190, Henderson, Nevada 89074, pending proof of workmen’s compensation coverage, payment of fees, Southern Nevada Health District and required department approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 ZONE CHANGE ZCA-12-500008-A1 CONDITIONAL USE PERMIT CUP-12-5000000-A1 DESIGN REVIEW DRA-11-500345-A1 MCDONALD'S APPLICANT: MCDONALD'S USA, LLC A) Amend a zone change to modify a use waiver in a CN (Neighborhood Commercial) zoning district for an Eating and Drinking Establishment with drive-through service approved through a master plan; B) Amend a conditional use permit to allow a speaker system in conjunction with an existing Eating and Drinking Establishment with drive-through service; and C) Amend a design review to remodel the exterior of an existing Eating and Drinking Establishment with drive-through service; at 65 S. Valle Verde Drive, in the Green Valley Ranch Planning Area. Henderson City Council Regular Meeting Page 13 of 31 March 6, 2012 – Minutes (Motion) Councilwoman Debra March moved to a) amend a zone change to modify a use waiver in a CN (Neighborhood Commercial) zoning district for an Eating and Drinking Establishment with drive-through service approved through a master plan; b) amend a conditional use permit to allow a speaker system in conjunction with an existing Eating and Drinking Establishment with drive-through service; and c) amend a design review to remodel the exterior of an existing Eating and Drinking Establishment with drive-through service; at 65 S. Valle Verde Drive, in the Green Valley Ranch Planning Area, subject to findings of fact, conditions, and waivers. ZCA-12-500008-A1 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITION 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. Henderson City Council Regular Meeting Page 14 of 31 March 6, 2012 – Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. Applicant shall comply with all conditions of approval for PUD/TM-13-96. WAIVER a. Permit an Eating and Drinking Establishment with Drive-Through Service in a CN zoning district with a volume control intercom system, subject to a conditional use permit. CUP-12-500000-A1 FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS DEPARTMENT CONDITION 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. Henderson City Council Regular Meeting Page 15 of 31 March 6, 2012 – Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. This conditional use permit shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. An automated volume control system for the speaker box is required. 5. The “Drive-Through” canopy and “Order Here” canopy with speaker box are permitted; the support columns must be painted to match the building. DRA-11-500345-A1 PUBLIC WORKS DEPARTMENT CONDITIONS 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. Signs shall not be located within public right-of-way or the sight visibility restriction zone. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 4. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 5. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 6. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. Henderson City Council Regular Meeting Page 16 of 31 March 6, 2012 – Minutes 7. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 8. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 9. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 10. All parking spaces required by Section 19.7.4 (and relevant subsections of 19.5) of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. 11. Applicant shall comply with all conditions of approval for CUP-12- 500000-A1. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VII. PUBLIC HEARINGS PH-22 PUBLIC HEARING AMENDED ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2011-2012 NEIGHBORHOOD SERVICES City of Henderson Amended One-Year Action Plan for Fiscal Year 2011-2012, for submittal to the U.S. Department of Housing and Urban Development (HUD), to include reallocation of $47,000.00 from the 2011-2012 Affordable Housing Administration activity to a new 2011-2012 Code Enforcement activity, and reallocation of $500,000.00 from the Neighborhood Stabilization Program (NSP3) Purchase & Rehabilitation Resale activity to a new NSP3 Demolition activity. Councilwoman Schroder noted that S.A.F.E. House is a recipient of these funds and disclosed that she serves as president of the board of directors for S.A.F.E. House, but she does not receive any benefits. Henderson City Council Regular Meeting Page 17 of 31 March 6, 2012 – Minutes Mike Husted, Senior Federal Programs Specialist, reported that this second amendment to the 2011-12 HUD CDBG annual action plan will reallocate $47,000.00 in CDBG funds to code enforcement, and reallocate $500,000.00 in neighborhood stabilization funding to support a project for an acquisition of lots in the metal street area. He noted that in accordance with the citizens’ participation plan, this amendment has been available for public comment for 30 days, and no comments were received. Mayor Hafen opened the public hearing at 7:16 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Councilwoman March noted that this reallocation supports the Downtown Investment Strategy. (Motion) Councilwoman Debra March moved to approve the Amended One-Year Action Plan for FY 2011-2012 including any public comments and authorize Mark Calhoun to sign the related Agreements. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-23 PUBLIC HEARING CITYWIDE IMPLEMENTATION OF RESIDENTIAL SINGLE-STREAM RECYCLING COMMUNITY DEVELOPMENT Public hearing for comment and discussion on the implementation of single-stream residential recycling within the city, and possible action directing staff to prepare an amendment to the solid waste agreement with the City’s solid waste franchisee, Republic Services, to provide for single-stream residential recycling within the jurisdictional limits of the city; and authorizing the City Manager to execute such amendment in a form approved by the City Attorney’s office. Stephanie Garcia-Vause, Director of Community Development, presented a summary of this item. Henderson City Council Regular Meeting Page 18 of 31 March 6, 2012 – Minutes Tom Piechota, Chairman of the Citizens Advisory Committee (CAC), commended staff for their support and Republic Services for their outreach efforts. Via PowerPoint presentation, Mr. Piechota reviewed the CAC findings in terms of concerns and benefits of the Single-Stream Recycling Program. He reported that the CAC recommends the following: 1) Council approve a city-wide implementation of the Single-Stream Recycling Program; 2) set a community-wide recycling target and measure/assess results; 3) develop and implement incentive programs tied to community-wide targets; and 4) enhance education and outreach efforts. Mayor Hafen thanked Mr. Piechota and the CAC members for their hard work on this project. Mayor Hafen opened the public hearing at 7:30 p.m., asking if there was anyone present wishing to speak for or against this item. Continuing with the PowerPoint presentation, Richard Rojos, City of Henderson Planner, reviewed different outreach methods staff utilized to obtain feedback from the public. He noted that staff has been compiling comments via phone, email, and through surveys. He pointed out that the City and Republic Services offered two open house events at the Sun City Anthem community. Mr. Rojos also reviewed the UNLV Cannon Survey Center results. He reported that staff recommends the City expand the pilot program citywide, and recommends that Republic Services provide the following services: an orientation outreach program, provide an annual recycling report, provide an ongoing community outreach program, provide a disabled cart assistance program, and provide an annual incentive reward program. The following residents voiced their support to implement the Single-Stream Recycling Program citywide and believe this program will improve the quality of life and help the environment: David Berman, 1609 Carlisle Corner Court; Steve Rypka, 2194 Clearwater Lake Drive; Lucas Shaw, 3030 Via Flaminia Court; Tara Pike, 3856 Alue Lane, Las Vegas; Tina Garman, 498 Cape Alan Drive; Harley Thompson, 2014 Spruce Brook Drive; Kathryn Dotchen, 2490 Citrus Garden Circle; Erin McMullen, 2958 Formia Drive; Maurcia Beca, 1176 Spago Lane; and Tom Kohnman, 382 Persian Avenue. Suggestions were made that City staff work with homeowners’ associations to modify CC&Rs to allow for reasonable storage solutions of the trash carts. The following residents voiced their opposition of implementing the Single-Stream Recycling Program citywide: Favil West, 2831 Scotts Valley Drive, representing thousands of seniors; Ellen Closi, 2517 Solera Sky Drive; John Consiglio and Austie Cupp, 2437 Hamonah Drive; Ingrid Serina, 2562 Divine Sky Drive; and Jules Schreidu, 2565 Flare Star Drive. Their concerns included one-time weekly trash pickup creates odors and health issues, pest infestation, CC&Rs preventing carts to be stored outside, and difficulty for senior citizens to use the carts due to mobility constraints. Henderson City Council Regular Meeting Page 19 of 31 March 6, 2012 – Minutes Harvey Wagman, 2608 Rangely Avenue, did not wish to speak; however, he filled out a comment card in opposition to this item because his homeowners’ association will not permit cans outside and the smallest container will not fit conveniently into his garage. Javon Jefferson, 1217 Madison, Las Vegas, Vice-President of Teamsters 631, and business agent for Republic Services, stated that the local union has not yet had an opportunity to be heard regarding this issue. He noted that there is a labor union issue and they are going through contract negotiations this summer. Bob Coyle, 770 East Sahara Drive, Las Vegas, representing Republic Services, stated that they offer assistance to disabled or elderly citizens who provide a doctor’s note to Republic Services confirming that they are unable to take the cart to the curb. He explained that the resident would place their recycling and trash carts outside their garage door and the truck driver will park the truck in front of the home, roll the trash or recycling cart to the curb, dump the contents with the mechanical arm, then roll the cart back up to the garage. Mr. Coyle gave a history of this program and stated that many public outreach meetings were conducted. He noted that results indicate that the program has been extremely successful and recycling increased more than 400 percent. Mr. Rojos submitted Contact Henderson cases regarding the Single-Stream Recycling Program into the record. There being no one else wishing to speak, Mayor Hafen closed the public hearing at 8:24 p.m. Councilwoman March thanked staff, the CAC, and Republic Services for working together to develop the recommendations. She noted that the City adopted a strategic plan that identifies sustainable practice as an important goal, which entails recycling efforts. She agreed it is important to the work with the homeowners’ associations and the legislature to relax restrictions regarding the location of trash bins. Councilman Marz commented that he has empathy for the senior citizens who are impaired and encouraged Republic Services to work with senior communities and help mitigate their concerns. He thinks the Council has a responsibility to the entire community to be proactive and set an example to do the right thing. He suggested that neighbors can help those individuals who need help. Henderson City Council Regular Meeting Page 20 of 31 March 6, 2012 – Minutes Councilwoman Schroder thanked the CAC and City staff for their hard work on this issue. She noted that the Solera senior community was invited to participate in the pilot program; however, they declined to have anything to do with it. She said she understandd the disability concerns, but believes that the Solera residents would feel differently if they personally experienced how the program works. Councilwoman Schroder asked about examples of the incentives for residents to recycle, and the time frame to expand this program throughout Henderson. Mr. Coyle replied that an incentive program would start at $2,500.00 per year and increase $500.00 per year until $5,000.00 is achieved. He noted that the City plans to develop an awards program to recognize homeowners’ associations and neighborhood groups for their recycling efforts. Mr. Coyle stated if the Council approves implementing this program citywide this evening, the program will be expanded in approximately 12 months or as soon as the new trucks are delivered. Councilman Bateman commented that he has been surprised about the positive response from the participants in the pilot program. He questioned whether service will be reduced and confirmed that there is no cost increase other than what is already tied into the consumer price index, which is a federal mandate. Mr. Coyle responded that service is different as trash and recycled items are each picked up once per week instead of twice per week. He noted that they could pick up trash and recycled items two days per week, but that would increase rates approximately $5.00 per month. He said the City Council stressed that they did not want to see a rate increase for the residents during these economic times. Responding to a question by Councilman Bateman as to whether Republic Services has heard similar concerns from other senior communities in the valley, Mr. Coyle commented that the new carts will be delivered to Sun City Summerlin residents next week, so he expects to get their feedback within the next four weeks. Councilman Bateman said recycling is significant and should not be overlooked. He noted that he would like the challenges to be addressed. In response to a question by Councilman Marz as to whether Sun City Anthem residents could have pick up two days per week, Mr.Coyle said Republic Services cannot run two different trash collection systems in the same area. Mayor Hafen stated that he does not want to see any jobs lost by implementing this program citywide and offered to meet with the labor representatives to listen to the concerns of the labor union. Henderson City Council Regular Meeting Page 21 of 31 March 6, 2012 – Minutes Mr. Coyle said he is confident that implementation of this program will not create any layoffs in Republic Services. He noted that he expects the contract should be negotiated and settled this summer. Regarding comments from residents on the rate of decomposition of trash materials or potential methane issues, Mayor Hafen recommended that the CAC research these issues since staff could not address them this evening. Councilwoman March commented that there are Sun City retirement communities in Phoenix, Arizona and Palm Desert, California who are on the single stream recycling program. Mr. Coyle reported that many hot southwestern communities in California, Texas, and Arizona use the cart trash and recycling program with pickup once a week. He noted that decomposition of trash materials would not create methane gas for many years. Mayor Hafen said if the Council does implement this program, it would be beneficial to go to the legislature to address storage flexibility issues. He stated that he feels strongly that the surveys and data indicate a successful program. He said there will be issues along the way and it is important to work closely with the homeowners’ associations. Mayor Hafen noted that implementing this program is the right thing to do to be a premier community. The City and Republic Services will work with the residents to address their concerns. Councilwoman March commented that the definition of sustainability is meeting the needs of the present without compromising the ability of future generations to meet their needs. She noted that this entails the economic, social, and the environmental implications. Councilwoman Schroder said she would like to hear from the Solera community residents after they use the carts to see if they still have concerns. (Motion) Mayor Andy Hafen moved to approve staff’s recommendation, and authorize staff to prepare an amendment to the agreement with the City’s solid waste franchisee, Republic Services, to provide for single-stream residential recycling within the jurisdictional limits of the City, subject to the conditions set forth in the staff recommendations, and to authorize the City Manager to execute such amendment in a form approved by the City Attorney’s office. Mayor Hafen suggested a timeline be established for either 2013 or 2014, after a couple phases of the rollout are completed, to assess the public’s response. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 22 of 31 March 6, 2012 – Minutes VIII. PUBLIC COMMENT 1. LaMonica Harris, 10250 Spencer Street, No. 1054, Las Vegas, commented that the Holy Spirit told her she has a job for the community in Henderson and she is waiting for someone to give her a job. 2. Joseph Miller, 153 Via Di Mello, expressed concern regarding daily helicopter flights over the sixth fairway on The Falls Golf Course in Lake Las Vegas. They are averaging 120 flights per day beginning at 6:00 a.m. Mr. Miller also asked who is responsible for maintaining the street Via Vin Santo, as it has many potholes and is in very poor condition. Robert Murnane, Director of Public Works, replied that City staff is working with developers to fix the pavement issues on Via Vin Santo. Councilwoman Schroder and March noted that they are aware of the helicopter flight concerns and staff is in the process of investigating this issue. IX. UNFINISHED BUSINESS UB-24 BILL NO. 2664 DANGEROUS FIREWORKS POLICE DEPARTMENT Mayor Hafen introduced Bill No. 2664 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING TITLE 8 OF THE HENDERSON MUNICIPAL CODE THROUGH THE ADDITION OF A NEW SECTION TO TITLE 8 “PUBLIC PEACE AND SAFETY” RELATING TO DANGEROUS FIREWORKS. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2664 as Ordinance No. 2959. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 23 of 31 March 6, 2012 – Minutes X. NEW BUSINESS NB-25 FINANCIAL UPDATE FINANCE DEPARTMENT Presentation and update by the Finance Department on the current financial position of the City. Richard Derrick, Finance Director, reported that the consolidated tax revenue for December 2011 totaled $7.6 million, which represents a five-percent decrease from December of 2010. He said staff also received the preliminary property tax projections for Fiscal Year 2013 from the State of Nevada Department of Taxation. Property values across the valley are expected to decline further next fiscal year, and staff anticipates a $2.8-million decrease in General Fund property taxes than is reflected for Fiscal year 2013 in the current five-year plan. He noted that staff will have more accurate estimates from the state in late March when they release the final revenue projections. Mr. Derrick stated that staff will meet with the Council in the coming weeks to review the City’s updated five-year plan and discuss ongoing strategies to reduce the City’s operating deficit. He said the five-year plan committee appreciates the support from the City Council, department heads, and employee labor unions to navigate through this economic downturn to work toward financial sustainability. (Motion) Mayor Andy Hafen moved to accept the presentation and update by the Finance Department on the current financial position of the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-26 APPOINTMENT (COUNCILWOMAN MARCH) PUBLIC IMPROVEMENT TRUST CITY CLERK'S OFFICE One appointment by Councilwoman March to the Public Improvement Trust to fill the vacancy left by Dan Stewart, with term to expire June 30, 2016. Henderson City Council Regular Meeting Page 24 of 31 March 6, 2012 – Minutes (Motion) Councilwoman Debra March moved to appoint Caron Richardson to the Public Improvement Trust, with term to expire June 30, 2016. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-27 ADJUSTMENT TO SOUTHERN NEVADA WATER AUTHORITY CHARGES DEPARTMENT OF UTILITY SERVICES Rate Adjustment for Southern Nevada Water Authority Regional Commodity Charge and/or Implementation of an Infrastructure Surcharge. Dennis Porter, Director of Utility Services, reported that the Southern Nevada Water Authority (SNWA) board of directors considered three rate adjustment options to maintain operating revenue for bond payments required for the third intake into Lake Mead. He said a series of public meetings were conducted and a joint business impact to add soliciting comments was published in the Las Vegas Review Journal on January 30, 2012. He noted that the business impact statement and notification was conducted in accordance with NRS 237. Mr. Porter stated that the SNWA unanimously approved option two, which includes an amendment with a 35-percent meter charge on the fire service lines. Brian McAnallen, 6671 Las Vegas Boulevard, Las Vegas, representing the Las Vegas Chamber of Commerce, stated that he is representing the business community. He wishes the SNWA could have done its due diligence to do community outreach and involve the citizens in this process. He stated that the business community believes the residents need to pay their fair share for this large infrastructure. Mr. McAnallen commented that he does not think there has been enough time to set water policy for the future and asked for the Council’s support for all parties to work together on this issue. Councilman Bateman agreed that there has not been enough time to fully understand the relative burdens on the business community. He will be pushing to have everybody work together because this is going to be a huge burden on the business community. He noted that it is important to start the educational outreach process. Councilwoman March stated that she has learned the importance of communication, and this is an opportunity to begin the process of educating the public and being transparent. Councilwoman Schroder noted that she believes all parties working together will come up with great solutions. Henderson City Council Regular Meeting Page 25 of 31 March 6, 2012 – Minutes (Motion) Councilman Sam Bateman moved to approve a rate adjustment to the Southern Nevada Water Authority Regional Commodity Charge and/or Implementation of an Infrastructure Surcharge as selected by the Southern Nevada Water Authority as Option Two at its February 29, 2012, meeting, effective May 1, 2012, and incorporate changes into the Department Service Rules. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-28 RETIREMENT OF MARK T. CALHOUN, CITY MANAGER MAYOR AND COUNCIL Retirement of Mark T. Calhoun, City Manager. Mayor Hafen stated that the City has been in a difficult situation the last three years, and the strides made by the City would not have been possible without Mr. Calhoun. Councilwoman March thanked Mr. Calhoun for his steady hand keeping the City of Henderson very sustainable during the difficult economic times. She said she appreciates Mr. Calhoun’s leadership and service. Councilwoman Schroder thanked Mr. Calhoun for his hard work during these difficult times. Councilman Marz commented that he has been in a lot of meetings the last six weeks, and he does not think people realize the magnificent job Mr. Calhoun and City staff have done to maintain services to the public. Councilman Bateman congratulated Mr. Calhoun for a 29-year career in one organization and for his commitment to the community. (Motion) Mayor Andy Hafen moved to accept the retirement of Mark Calhoun effective May 17, 2012, and that Mr. Calhoun’s contract will not be renewed. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 26 of 31 March 6, 2012 – Minutes NB-29 DISCUSSION AND POTENTIAL APPOINTMENT OF JACOB SNOW AS CITY MANAGER MAYOR Discussion and potential appointment of Jacob Snow as City Manager. Councilman Marz stated that an important attribute for filling the City Manager position is to have somebody who knows the community. He said he was very impressed with Jacob Snow’s answers during their meeting. Councilman Marz noted that in speaking with individuals who have worked with Mr. Snow at the Regional Transportation Commission (RTC) and the airport, he found that Mr. Snow is a great manager. He said Mr. Snow’s experience at the airport will benefit the City, and he has faced difficult issues at the RTC. Councilman Marz also noted that Mr. Snow’s experience dealing with the legislature will be a great asset for the City. He believes Mr. Snow is the best candidate to fill the City Manager position. Councilwoman March noted that she has worked with Mr. Snow for the last three years while serving on the RTC board. She said he consistently received the highest feedback from the County Commission and city councils across Southern Nevada for his leadership in the community. She noted that she was impressed with how Mr. Snow handled the Viola transit issue as he maintained himself in a professional manner and communicated with all parties. Councilwoman March stated that Mr. Snow is a highly respected leader and administrator and she would endorse him as Henderson City Manager. Councilwoman Schroder stated that Mr. Snow is a great guy and she has had the pleasure of working with him in various areas. She noted that he grew up in Henderson and knows Henderson. She also believes his managerial skills are an asset and he would be a great City Manager for Henderson. Councilman Bateman asked about the appropriate way to fill a City Manager position. He thinks it is important that staff has considered availability of other candidates through an informal search in the community. Fred Horvath, Human Resources Director, stated that he has been intrigued about the challenges of recruiting a chief executive in the public sector versus the private sector. He explained that it is almost impossible to recruit the top talent in a very public way because it is career limiting or career ending at your current employer if you express interest for a senior executive position and are unsuccessful. Mr. Horvath said it is very clear that Mr. Snow was the best candidate over other individuals who might be considered for this position and he believes Mr. Snow is uniquely qualified to lead the City. Henderson City Council Regular Meeting Page 27 of 31 March 6, 2012 – Minutes Councilman Marz commented that staff can do a nationwide search and find someone who mirrors Mr. Snow’s qualifications, but there is great risk to that option because of not knowing that person. He said the Council has the benefit of knowing and respecting Mr. Snow. Mr. Horvath stated that it is important to have a person who has state connections. He said this position is not conducive to a public recruitment. Responding to a question by Councilwoman Schroder that this agenda item is to make an offer to Mr. Snow, Josh Reid, City Attorney, clarified that this agenda item is to appoint Mr. Snow as City Manager and direct Human Resources to make him an offer of employment; however, Mr. Snow does not have to accept the offer. He noted that the contract would be negotiated and put on a future agenda for approval. Mayor Hafen stated that he has known Mr. Snow professionally since he was employed at the airport, and he served with him on the RTC. Mayor Hafen said he has been very impressed with Mr. Snow and feels very strongly that he should be the next City Manager. (Motion) Councilman John F. Marz moved to appoint Jacob Snow as City Manager and direct staff to negotiate the terms of an employment agreement. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-30 DISCUSSION OF PROCESS FOR THE SELECTION AND APPOINTMENT OF NEW CITY MANAGER MAYOR AND COUNCIL Discussion of options: 1. Direct the Human Resources Director to identify a list of local and internal candidates for the position; 2. Direct the Human Resources Director to begin a local open competitive search for the position; 3. Direct the Human Resources Director to begin a national open competitive search for the position; or 4. Direct the Human Resources Director to identify a list of search firms that could handle the search process and the costs of engaging same. (Action) Discussion on this item was moot due to the approval of NB-29. Henderson City Council Regular Meeting Page 28 of 31 March 6, 2012 – Minutes NB-31 RESOLUTION MEMORANDUM OF UNDERSTANDING HOMELAND SECURITY INVESTIGATIONS CMTS NO. 211-12-2128-HSI POLICE DEPARTMENT Mayor Hafen introduced Resolution No. 4027 and City Manager Calhoun read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY INVESTIGATIONS, IMMIGRATION AND CUSTOMS ENFORCEMENT, AND LOCAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCIES FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM THE TREASURY FORFEITURE FUND. (Motion) Councilwoman Gerri Schroder moved to adopt Resolution No. 4027. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-32 RESOLUTION MEMORANDUM OF UNDERSTANDING DEA NEVADA INTERDICTION TASK FORCE CMTS NO. 211-10-2123-DEA NEVADA INTERDICTION POLICE DEPARTMENT Mayor Hafen introduced Resolution No. 4028 and City Manager Calhoun read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA RATIFYING THE MEMORANDUM OF UNDERSTANDING WITH THE LAS VEGAS METROPOLITAN POLICE DEPARTMENT, THE NEVADA DEPARTMENT OF PUBLIC SAFETY, WASHOE COUNTY SHERIFF’S OFFICE, RENO POLICE DEPARTMENT, UNIVERSITY OF NEVADA-RENO POLICE DEPARTMENT, THE DRUG ENFORCEMENT ADMINISTRATION AND THE HENDERSON POLICE DEPARTMENT AUTHORIZING PARTICIPATION IN THE DEA NEVADA INTERDICTION TASK FORCE. Henderson City Council Regular Meeting Page 29 of 31 March 6, 2012 – Minutes (Motion) Councilman Sam Bateman moved to adopt Resolution No. 4028. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-33 RESOLUTION INTENT TO LEASE 219A WATER STREET BOYS AND GIRLS CLUB OF HENDERSON ECONOMIC DEVELOPMENT/REDEVELOPMENT Mayor Hafen introduced Resolution No. 4029 and City Manager Calhoun read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA EXPRESSING ITS INTENT TO LEASE TO BOYS AND GIRLS CLUBS OF HENDERSON, AN INTERNAL REVENUE CODE 501 (c)(3) NON PROFIT, 219 SOUTH WATER STREET, UNIT A, CONSISTING OF APPROXIMATELY 2733 SQUARE FEET OF BUILDING AREA, MORE OR LESS. Note: This item was heard immediately following approval of the Consent Agenda. Mayor Hafen noted that this is a resolution for the Henderson Boys and Girls Club to locate their administrative offices and tutoring program to downtown Henderson. (Motion) Councilwoman Gerri Schroder moved to Adopt Resolution No. 4029. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-34 RESOLUTION CHARITABLE ASSISTANCE FOR SOUTHERN NEVADA SONS OF ERIN, INTERNATIONAL FOOD & FOLKLIFE ASSOCIATION AND AMERICAN DIABETES ASSOCIATION CULTURAL ARTS AND TOURISM Mayor Hafen introduced Resolution No. 4030 and City Manager Calhoun read the Resolution by title: Henderson City Council Regular Meeting Page 30 of 31 March 6, 2012 – Minutes A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, THAT ALLOWS THE DEPARTMENT OF CULTURAL ARTS & TOURISM TO MAINTAIN THE ABILITY TO SUPPORT ORGANIZATIONS AND EVENTS WITHIN THE CITY OF HENDERSON FOR THE GOOD OF THE COMMUNITY. (Motion) Mayor Andy Hafen moved to adopt Resolution No. 4030. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-35 BILL NO. 2665 ZCA-12-500008-A1 MCDONALD'S APPLICANT: MCDONALD'S USA, LLC Mayor Hafen introduced Bill No. 2665 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 TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT 65. S VALLE VERDE TO AMEND A ZONE CHANGE TO MODIFY A USE WAIVER IN A CN (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT FOR AN EATING AND DRINKING ESTABLISHMENT WITH DRIVE-THROUGH SERVICE APPROVED THROUGH A MASTER PLAN AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Debra March moved to Refer Bill No. 2665 to the Committee meeting of March 20, 2012, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 31 of 31 March 6, 2012 – Minutes XI. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March reported that the Nevada League of Cities is establishing topics to discuss at the conference this fall in Elko, Nevada. She welcomed any topics suggested by the Council. She noted the importance of municipalities being united going into the next legislative session. Mayor Hafen reported that he put together a coalition of mayors throughout the state to discuss consolidated tax issues. He suggested that the Nevada League of Cities discuss this issue for the 2013 Legislative session. Councilwoman Schroder mentioned a trip to Washington D.C. to visit the congressional delegation, and she is pleased to know that the congressional delegation is supportive of issues facing the City of Henderson. Councilwoman Schroder noted that she and Mayor Hafen will be attending the National League of Cities conference, where she will be discussing issues pertaining to economic development. XII. SET MEETING The Committee Meeting for March 20, 2012, was set for 6:45 p.m. XIII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 10:08 p.m. PASSED AND ADOPTED THIS 20th DAY OF MARCH, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk