City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING March 20, 2012 I. CALL TO ORDER Mayor Hafen 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: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Bristol Ellington, Acting City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: Mark Calhoun, City Manager 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 Pastor Dan Morley, Green Valley United Methodist Church, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 25 March 20, 2012 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as presented. 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. Note: Mayor Hafen recognized Boy Scout Troop Nos. 18 and 348. V. PRESENTATIONS PR-1 PRESENTATION THE LIBERTY MUTUAL INSURANCE FIREMARK AWARD FOR HEROISM THE CREW OF ENGINE 95 FIRE DEPARTMENT Recognition of the crew of Engine 95 consisting of Captain Henry Kokoszka, Engineer Clay Fontaine, Firefighter/Paramedic Mitch Haberman, and Firefighter Andrew Hafen, for being the recipient of the Liberty Mutual Insurance Firemark Award For Heroism. (Action) Acting City Manager Bristol Ellington introduced Philip Ferguson, F. Hayden Ray, and Marci Graffa from Liberty Mutual to present the crew of Engine 95 with the Liberty Mutual Insurance Firemark Heroism Award for their life-saving response to a December structure fire. PR-2 PRESENTATION COMMUNITY PRIDE AWARD GREEN VALLEY UNITED METHODIST CHURCH PARKS AND RECREATION Presentation of the Commemorative Beautification Commission's Community Pride Award to the Green Valley United Methodist Church for their community service program. (Action) Acting City Manager Bristol Ellington introduced Stacy Finch from Green Valley United Methodist Church and members from the church to be presented with the Henderson Beautification Commission’s Community Pride Award. Henderson City Council Regular Meeting Page 3 of 25 March 20, 2012 – Minutes PR-3 PROCLAMATION AMERICAN RED CROSS MONTH APPLICANT: MAYOR AND COUNCIL Proclamation declaring March as American Red Cross Month. (Action) Acting City Manager Bristol Ellington introduced Scott Emerson from the American Red Cross proclaiming the month of March 2012 as American Red Cross month. VI. CONSENT AGENDA CA-4 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS MARCH 6, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of March 6, 2012. (Motion) Councilwoman Debra March moved to adopt the Committee and Regular Meeting minutes of March 6, 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-5 CASH REQUIREMENTS REGISTER FEBRUARY 2, 2012, THROUGH FEBRUARY 29, 2012 FINANCE DEPARTMENT Cash requirements register for the period of February 2, 2012, through February 29, 2012, in the amount of $21,572,251.89. (Motion) Councilwoman Debra March moved to approve the cash requirements register for the period of February 2, 2012, through February 29, 2012, in the amount of $21,572,251.89. 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 4 of 25 March 20, 2012 – Minutes CA-6 AMEND PROMISSORY NOTE AND LOAN AGREEMENT CITY OF HENDERSON REDEVELOPMENT AGENCY APN 179-18-405-005, WEST BASIC ROAD AND WEST PACIFIC AVENUE ECONOMIC DEVELOPMENT/REDEVELOPMENT Second Amendment to the Loan Agreement and Third Amendment to the Promissory Note between the City of Henderson and the City of Henderson Redevelopment Agency for APN 179-18-405-005, located on West Basic Road and West Pacific Avenue. (Motion) Councilwoman Debra March moved to approve the Second Amendment to the Loan Agreement and Third Amendment to the Promissory Note between the City of Henderson and the City of Henderson Redevelopment Agency for APN 179-18-405-005, located on West Basic Road and West Pacific Avenue. 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-7 AWARD OF CONTRACT PUEBLO BLVD - BOULDER HIGHWAY TO CONCORD WAY CMTS NO. 131-12-ST-087-001 PUBLIC WORKS DEPARTMENT Award Contract No. 131-12-ST-087-001, Pueblo Boulevard - Boulder Highway to Concord Way, to Aggregate Industries SWR Inc., in the amount of $580,000.00. (Motion) Councilwoman Debra March moved to award Contract No. 131-12-ST-087-001, Pueblo Boulevard Boulder Highway to Concord Way, to Aggregate Industries SWR Inc., in the amount of $580,000.00, and authorize the City Manager to execute the contract 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. Henderson City Council Regular Meeting Page 5 of 25 March 20, 2012 – Minutes CA-8 AWARD OF CONTRACT PARADISE HILLS PRESSURE ZONE CONVERSION PRESSURE REDUCING STATION NO. 139 AND CHECK VALVE VAULT CMTS NO. 124-12-U0050-002 DEPARTMENT OF UTILITY SERVICES Award of Contract No. 2010-86-0043, Paradise Hills 2540 Pressure Zone Conversion, Pressure Reducing Station No. 139 and Check Valve Vault, to Western States Contracting, Inc., in the amount of $248,278.00, authorize the City Manager to execute the contract for the City, approve the related project budget, and authorize the Director and/or his designee to execute associated change orders within the approved project budget. (Motion) Councilwoman Debra March moved to award Contract No. 2010-86-0043, Paradise Hills 2540 Pressure Zone Conversion, Pressure Reducing Station No. 139 and Check Valve Vault, to Western States Contracting, Inc., in the amount of $248,278.00, authorize the City Manager to execute the Contract for the City, approve the related project budget, and authorize the Director and/or his designee to execute associated Change Orders within the approved project budget. 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-9 AWARD OF CONTRACT EMERGENCY CONSTRUCTION SERVICES CMTS NO. 124-12-U9024-002 DEPARTMENT OF UTILITY SERVICES Award of Contract No. 2011-78-0028, Emergency Construction Services, to TAB Contractors, Inc., to provide as-needed construction services in the event of an immediate or imminent emergency situation through March 19, 2013, with two one-year options to extend, authorize the City Manager to execute the contract and options for the City, and authorize the Director and/or his designee to issue task orders. Henderson City Council Regular Meeting Page 6 of 25 March 20, 2012 – Minutes (Motion) Councilwoman Debra March moved to award Contract No. 2011-78-0028, Emergency Construction Services, to TAB Contractors, Inc., to provide as-needed construction services in the event of an immediate or imminent emergency situation through March 19, 2013, with two one-year options to extend, authorize the City Manager to execute the Contract and options for the City, and authorize the Director and/or his designee to issue task orders. 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 AWARD OF INVITATION FOR BIDS (IFB) 107-12 STREETSCAPE MAINTENANCE CMTS NO. 411-12-PKS-010 PARKS AND RECREATION Award Invitation for Bids (IFB) 107-12, Streetscape Maintenance, to U.S. Landscape, Inc., for the estimated annual amount of $110,604.00, and authorize the City Manager to execute the contract, amendments and renewals. (Motion) Councilwoman Debra March moved to award Invitation for Bids (IFB) 107-12, Streetscape Maintenance, to U.S. Landscape, Inc., for the estimated annual amount of $110,604.00, and authorize the City Manager to execute the contract, amendments and renewals. 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-11 CHANGE ORDER NO. 4 HIDDEN FALLS PARK CMTS NO. 131-09-PR-137-001 PUBLIC WORKS DEPARTMENT Ratification of Change Order No. 4 for Hidden Falls Park, between the City of Henderson and Tand Construction, to include sidewalk/trail to interconnect the three main areas of the park; 23 additional parking stalls adjacent to the playground and water features; an additional drinking fountain at the dog park; additional concrete sidewalk and stairs near the basketball court; traffic signage and buttons; and contingency funds for unexpected items that may arise in the amount of $219,503.36. Henderson City Council Regular Meeting Page 7 of 25 March 20, 2012 – Minutes (Motion) Councilwoman Debra March moved to ratify Change Order No. 4 for Hidden Falls Park, between the City of Henderson and Tand Construction, to include sidewalk/trail to interconnect the three main areas of the park; 23 additional parking stalls adjacent to the playground and water features; an additional drinking fountain at the dog park; additional concrete sidewalk and stairs near the basketball court; traffic signage and buttons; and contingency funds for unexpected items that may arise in the amount of $219,503.36. 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 JOB DESCRIPTIONS AND WAGE ASSIGNMENTS FIRE EQUIPMENT TECHNICIAN I AND FIRE SERVICES ASSISTANT DEPARTMENT OF HUMAN RESOURCES Job description for Fire Equipment Technician I and wage assignment to Technical 100, $18.719 to $29.484/hour; and job description for Fire Services Assistant, and wage assignment to Hourly, $10.250/hour. (Motion) Councilwoman Debra March moved to approve the job description for Fire Equipment Technician I and wage assignment to Technical 100, $18.719 to $29.484/hour; and job description for Fire Services Assistant, and wage assignment to Hourly, $10.250/hour. 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 JOB DESCRIPTION AND WAGE ASSIGNMENT COMMUNICATIONS CENTER OPERATIONS MANAGER DEPARTMENT OF HUMAN RESOURCES Job description for Communications Center Operations Manager and wage assignment to range 400 of the Professional Wage Schedule, $70,084.050 to $110,399.563/year. Henderson City Council Regular Meeting Page 8 of 25 March 20, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the job description for Communications Center Operations Manager and wage assignment to range 400 of the Professional Wage Schedule, $70,084.050 to $110,399.563/year. 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 AMEND STAFF COMPLEMENT ADD ONE (1) SENIOR PLANNER, TWO (2) PLANNERS, ONE (1) ADMINISTRATIVE ASSISTANT, ONE (1) PUBLIC INFORMATION SPECIALIST, AND ONE (1) GIS ANALYST DEPARTMENT OF HUMAN RESOURCES Amend the Community Development staff complement by adding one (1) Senior Planner, two (2) Planners, one (1) Administrative Assistant, one (1) Public Information Specialist, and one (1) GIS Analyst to fund 2151-0903, effective April 2, 2012, in the amount of $123,401.53 for the remainder of fiscal year 2011/2012, and full year fiscal impact of $491,110.73. (Motion) Councilwoman Debra March moved to approve amending the Community Development staff complement by adding one (1) Senior Planner, two (2) Planners, one (1) Administrative Assistant, one (1) Public Information Specialist, and one (1) GIS Analyst to fund 2151-0903, effective April 2, 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-15 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-18 PROJECT ADP-D-E4 CMTS NO. 121-05-118 FINANCE DEPARTMENT Payment and acquisition costs for Project ADP-D-E4 in the amount of $2,282,759.00 (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. Henderson City Council Regular Meeting Page 9 of 25 March 20, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve payment and acquisition of Project ADP-D-E4 in the amount of $2,282,759.00 (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: 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-16 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-18 PROJECT ADP-D-E4A CMTS NO. 121-05-118 FINANCE DEPARTMENT Payment and acquisition costs for Project ADP-D-E4A in the amount of $2,209,135.00 (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. (Motion) Councilwoman Debra March moved to approve payment and acquisition of Project ADP-D-E4A in the amount of $2,209,135.00 (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: 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 GRANT 2011 DEPARTMENT OF HOMELAND SECURITY/FEMA ASSISTANCE TO FIREFIGHTERS (AFG) GRANT FIRE DEPARTMENT 2011 Assistance to Firefighters Grant Program (AFG) for the purchase of Thermal Imaging Cameras, in which the Department of Homeland Security/FEMA will provide $64,800.00 and the City of Henderson will provide $16,200.00 in matching funds. Henderson City Council Regular Meeting Page 10 of 25 March 20, 2012 – Minutes (Motion) Councilwoman Debra March moved to accept the 2011 Department of Homeland Security/FEMA Assistance to Firefighters (AFG) Grant for the purchase of thermal imaging cameras. 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 RIGHT-OF-WAY ROW-017-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-017-12 , for an amended grant for the access road, utilities, slope and drainage right-of-way for Jericho Heights in the Southwest Quarter of Section 35, Township 22 South, Range 63 East and the Northwest Quarter of Section 2, Township 23 South, Range 63 East, M.D.M., generally located southwest of US 93/95 and Foothills Drive in the Mission Hills Planning Area. (Motion) Councilwoman Debra March moved to accept ROW-017-12, a right-of-way for an amended grant for the access road, utilities, slope and drainage right-of-way for Jericho Heights in the Southwest Quarter of Section 35, Township 22 South, Range 63 East and the Northwest Quarter of Section 2, Township 23 South, Range 63 East, M.D.M., generally located southwest of US 93/95 and Foothills Drive in the Mission Hills 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 11 of 25 March 20, 2012 – Minutes CA-19 RIGHT-OF-WAY ROW-018-12 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-018-12, for an amended grant for the McCullough Hills Trail from Mission Drive to McCullough Hills Parkway located in Section 36, Township 22 South, Range 62 East and Sections 1 through 5, 10, 11 and 12, Township 23 South, Range 62 East, M.D.M., located within the Sloan National Conservation Area (Clark County). (Motion) Councilwoman Debra March moved to accept ROW-018-12, a right-of-way for an amended grant for the McCullough Hills Trail from Mission Drive to McCullough Hills Parkway located in Section 36, Township 22 South, Range 62 East and Sections 1 through 5, 10, 11 and 12, Township 23 South, Range 62 East, M.D.M., located within the Sloan National Conservation Area (Clark County), 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-20 REAL PROPERTY RP-001-12 PUBLIC WORKS DEPARTMENT Acceptance of real property RP-001-12, for vacated right-of-way for portions of Texas Avenue and Wyoming Avenue adjacent to the Downtown Senior Center 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) Councilwoman Debra March moved to accept RP-001-12, real property for vacated right-of-way for portions of Texas Avenue and Wyoming Avenue adjacent to the Downtown Senior Center 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, subject to the following: Henderson City Council Regular Meeting Page 12 of 25 March 20, 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-21 BUSINESS LICENSE CATEGORY B, CLASS I SECONDHAND DEALER (USED AUTO) CRUISE AMERICA, INC. APPLICANT: CRUISE AMERICA, INC. Ratification of administrative approval for the Category B, Class I Secondhand Dealer (Used Auto) business license for Cruise America, Inc., 551 North Gibson Road, Henderson, Nevada 89011. (Motion) Councilwoman Debra March moved to ratify the administrative approval for the Category B, Class I Secondhand Dealer (Used Auto) business license for Cruise America, Inc., 551 North Gibson Road, Henderson, Nevada 89011. 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-22 BUSINESS LICENSE CATEGORY B, CLASS I SECONDHAND DEALER (USED AUTO) CARS FOR LESS, LLC APPLICANT: CARS FOR LESS, LLC Application for Category B, Class I Secondhand Dealer (Used Auto) business license for Cars For Less, LLC, 1813 North Boulder Highway, Henderson, Nevada 89011. (Motion) Councilwoman Debra March moved to approve the application for Category B, Class I Secondhand Dealer (Used Auto) business license for Cars For Less, LLC, 1813 North Boulder Highway, Henderson, Nevada 89011. 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 13 of 25 March 20, 2012 – Minutes CA-23 BUSINESS LICENSE CATERING LIQUOR TERRACE BANQUET HALL, LLC APPLICANT: TERRACE BANQUET HALL, LLC Application for Catering Liquor business license for Terrace Banquet Hall, LLC, 1361 West Warm Springs Road, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for Catering Liquor business license for Terrace Banquet Hall, LLC, 1361 West Warm Springs Road, Henderson, Nevada 89014, pending proof of workmen’s compensation coverage, 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-24 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE 7-ELEVEN STORE #39602 APPLICANT: S&S FUELS MANAGEMENT, LLC Application for Beer, Wine, and Spirit-Based Products Off-Sale business license for S&S Fuels Management, LLC, dba 7-Eleven Store #39602, 1680 West Sunset Road, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for S&S Fuels Management, LLC, dba 7-Eleven Store #39602, 1680 West Sunset Road, Henderson, Nevada 89014, pending Southern Nevada Health District approval 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. Henderson City Council Regular Meeting Page 14 of 25 March 20, 2012 – Minutes CA-25 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE 7-ELEVEN STORE #39603 APPLICANT: S&S FUELS MANAGEMENT, LLC Application for Beer, Wine, and Spirit-Based Products Off-Sale business license for S&S Fuels Management, LLC, dba 7-Eleven Store #39603, 971 South Boulder Highway, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for S&S Fuels Management, LLC, dba 7-Eleven Store #39603, 971 South Boulder Highway, Henderson, Nevada 89015, pending Southern Nevada Health District approval 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. VII. PUBLIC HEARINGS PH-26 PUBLIC HEARING APPEAL AP-01-12 FOR VAA-11-500347 HOOD SHADE STRUCTURE APPLICANT: TOM HOOD Appeal of the Planning Commission decision to deny the request to reduce the front-yard setback for an attached carport from 14 feet to zero feet at 1425 Corn Silk Court in the River Mountain Planning Area. Stephanie Garcia-Vause, Director of Community Development, presented a summary of this item and noted that the applicant has worked with staff and proposed a six-foot setback. She noted that the carport is in existence and the application is a result of a complaint from Code Enforcement. Mayor Hafen opened the public hearing at 7:20 p.m., asking if there was anyone present wishing to speak for or against this item. Tom Hood, 1425 Corn Silk Court, applicant, stated that he has had the carport in front of his house for approximately five years. He noted that he did not pull a permit originally to construct the carport. Henderson City Council Regular Meeting Page 15 of 25 March 20, 2012 – Minutes There being no one else wishing to speak, the public hearing was closed at 7:21 p.m. Responding to a question by Councilwoman Schroder regarding a need for the carport, Mr. Hood explained that his truck is too big to fit in his garage, and he has a medical need that requires his truck to be covered. Councilwoman Schroder commented that the applicant has a letter from his doctor stating the need for shade on his truck, and she believes the medical condition is a hardship. She said she would support granting the carport with the agreement to shorten the carport six feet. Councilwoman Schroder also noted that the suggestion to park the truck on the side of the home would not work because the doors could not be opened. Mayor Hafen noted that there is no one present in opposition to the carport. Councilman Marz asked for clarification regarding whether the carport will be reduced six feet or set back six feet from the street. He said he has visited the home and thinks there is ample space for the carport to cover the cab of the truck without coming out to the street. He thinks the Council would set the wrong precedent to start allowing excessive things. Ms. Garcia-Vause replied that the applicant is willing to move the carport to have a six-foot setback. She noted that staff still recommends denial because they had a difficult time determining the findings that are required for a variance. Josh Reid, City Attorney, advised Councilman Marz to abstain from voting on this item since he heard the item as a Planning Commissioner. (Motion) Councilwoman Schroder moved to rescind the Planning Commission’s original decision of denial and approve the appeal. FINDINGS OF FACT A. Because of special circumstances or conditions applicable to the subject property, including narrowness, hollowness, shape, exceptional topography, or other extraordinary or exceptional situations or conditions, strict application of the requirements of this ordinance would result in peculiar and exceptional difficulties or undue hardships for the owner of the property. Henderson City Council Regular Meeting Page 16 of 25 March 20, 2012 – Minutes B. The variance may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without detriment or injury to property or improvements in the vicinity of the development site or to the public health, safety, or general welfare. C. Granting the variance is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. D. Granting the variance will not allow a use that is otherwise prohibited in the underlying zoning district. 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. No permanent structure can be located within the 5-foot easement back-of-sidewalk. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. 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. 4. This variance is to reduce the front yard setback to 6 feet for an attached carport. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: Sam Bateman. Those absent: None. Those abstaining: John F. Marz. Mayor Hafen declared the motion carried. VIII. PUBLIC COMMENT There were no public comments presented. LaMonica Harris, 10250 Spencer Street, Apt. 1054, Las Vegas, was not present; however, she filled out a comment card as follows: “The Lord has granted me to be “Second Coming” and wherever place I’ve (city) been is my “land.” And I should take care of the “community.” And I should receive a reward.” Henderson City Council Regular Meeting Page 17 of 25 March 20, 2012 – Minutes IX. UNFINISHED BUSINESS UB-27 LAND SALE APPROXIMATELY 9.45 ACRES LOCATED SOUTH OF ST. ROSE PARKWAY AND EAST OF MARYLAND PARKWAY ECONOMIC DEVELOPMENT/REDEVELOPMENT Consideration of acceptance of offer by EAA Holdings, LLC, and Vermillion Commercial Holdings, LLC, to purchase approximately 9.45 acres of real property located in the Northwest Quarter of Section 35, Township 22 South, Range 61 East, M.D.M., pursuant to Resolution No. 4024 adopted by Henderson City Council on February 7, 2012, and approve the Land Purchase Sale Agreement. David Norris, Real Estate Portfolio Manager, displayed a map of the area and noted that the end result of this land sale will consolidate many parcels into usable properties. (Motion) Councilman John F. Marz moved to accept the offer from EAA Holdings, LLC, and Vermillion Commercial Holdings, LLC, to purchase approximately 9.45 acres of real property located in the Northwest Quarter of Section 35, Township 22 South, Range 61 East, M.D.M., pursuant to Resolution No. 4024 adopted by Henderson City Council on February 7, 2012, and approve the Land Purchase Sale 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. UB-28 BILL NO. 2665 ZCA-12-500008-A1 MCDONALD'S APPLICANT: MCDONALD'S USA, LLC Mayor Hafen introduced Bill No. 2665 and Acting City Manager Ellington read the Bill by title: Henderson City Council Regular Meeting Page 18 of 25 March 20, 2012 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT 65 S. VALLE VERDE DRIVE 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) Councilman Sam Bateman moved to adopt Bill No. 2665 as Ordinance No. 2960. 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. X. NEW BUSINESS NB-29 APPEAL AP-02-2012 FOR MSP-09-590013-A1 SUNSET POINTE INDUSTRIAL PARK (EXTREME AUTO CUSTOMS) APPLICANT: JEFF GODFREY Appeal of the Planning Commission's decision to deny the master sign plan amendment for Sunset Pointe to allow an increase in window sign coverage at 557 West Sunset Road, in the Eastside Redevelopment and Midway Planning Areas. Stephanie Garcia-Vause, Director of Community Development, reported that the Planning Commission recommended denial because they found that the proposed signage was excessive at 412 square feet where 103 square feet are allowed. She said the amount of window sign coverage is not compatible with the industrial area, and the proposal could pose an adverse impact to public safety since the window coverings do not provide a clear unobstructed view of sales transactions from the outside as required by Code. The applicant was not present. Ms. Garcia-Vause noted that the applicant was notified that this appeal would be heard tonight. Henderson City Council Regular Meeting Page 19 of 25 March 20, 2012 – Minutes (Motion) Mayor Andy Hafen moved to continue this item to April 3, 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. NB-30 EMPLOYMENT AGREEMENT CITY MANAGER - JACOB SNOW APPLICANT: MAYOR AND COUNCIL Employment agreement between the City of Henderson and newly appointed City Manager Jacob Snow. Fred Horvath, Human Resources Director, stated that Mr. Snow has agreed to the terms and conditions of a three-year employment agreement, beginning April 2, 2012, through April 1, 2015. Mr. Snow’s salary will be $225,000.00, which is the same salary for this position since 2007. Mr. Horvath pointed out that Mr. Snow will not be receiving a car allowance or deferred compensation match. Although Mr. Snow currently receives longevity, the City does not pay longevity. Mr. Snow will come over with eight days of administrative leave and eight days of annual leave. The City will be refunding his purchase of three months of COBRA coverage so his family has ongoing medical coverage until he serves the 90-day waiting period. Mr. Horvath explained that the termination of employment provisions contain much stronger language on termination for cause. His severance benefit on a termination not for cause would be one year’s pay. The City would purchase one year of Public Employees Retirement System (PERS) service and he would receive 12 months of medical benefits through COBRA should he experience a not-for-cause termination. He said the agreement includes a requirement for an agreement and release should he receive a not-for-cause severance payment. Mr. Horvath said there is new language in the agreement that deals with the potential of the expiration of the agreement and hiring a new city manager at the end of that time. It would be the Councils’ discretion to withdraw Mr. Snow’s authority as City Manager, but pay him through the end of the contract should the Council have already hired a new city manager. Councilwoman March commented that she is excited to have Mr. Snow join the City of Henderson family. Councilwoman Schroder pointed out that the salary is comparable to other jurisdictions because it is all inclusive and welcomed Mr. Snow. Henderson City Council Regular Meeting Page 20 of 25 March 20, 2012 – Minutes (Motion) Councilman Sam Bateman moved to approve the employment agreement for newly appointed City Manager Jacob Snow, for the period commencing April 2, 2012, for a period of three (3) years. 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-31 APPOINTMENT (MAYOR HAFEN) BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY CITY CLERK'S OFFICE One appointment by Mayor Hafen to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity with term to expire July 31, 2014. (Motion) Mayor Andy Hafen moved to appoint Miranda Rosen to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity, with term to expire July 31, 2014. 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 REMOVE DESIGNATION OF FUNDS AND SEPARATE GOVERNANCE HENDERSON SPACE AND SCIENCE CENTER APPLICANT: MAYOR HAFEN Mayor Hafen introduced Resolution No. 4031 and Acting City Manager Ellington read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA EXPRESSING ITS INTENT TO REMOVE THE DESIGNATION OF FUNDS TO THE HENDERSON SPACE AND SCIENCE CENTER AND ITS INTENT TO EFFECTUATE THE SEPARATE GOVERNANCE OF THE HENDERSON SPACE AND SCIENCE CENTER. Henderson City Council Regular Meeting Page 21 of 25 March 20, 2012 – Minutes Josh Reid, City Attorney, explained that the purpose of this resolution is to remove the allocation of $21 million from the City’s Land Fund that was previously designated for Henderson Space and Science Center (HSSC.) He said this resolution will also begin the process of separating the governance of the HSSC from the City of Henderson. This process includes an amendment to the HSSC Board’s bylaws and changes to the articles of incorporation. He noted that changes to the articles of incorporation need to be approved by the City Council at a public meeting. He said the City Council would need to amend HMC 2.85.010, which relates to the HSSC and the Board. Councilman Marz commented that this has been a very difficult issue, and he is in favor of the City’s commitment to the HSSC. He suggested the Council place time lines on their willingness to fund the project. He thinks the HSSC Board deserves the interest on the money in the Land Fund to operate for a year to demonstrate that they can raise the needed funds to make the HSSC a reality. Councilman Marz suggested the City consider matching the money that is collected via fundraising efforts to a certain point, at which time the Council could then determine how much farther to go. He stated that this project could be a real gemstone for the community, and the Council owes it to HSSC and the residents to give them a chance to make this a reality. Councilman Bateman asked how the HSSC would benefit from operating as a separate 501(c)(3) and whether there is room to negotiate going forward to complete the necessary steps of this resolution. Mr. Reid stated that the Land Fund is limited under the City Charter and state law. The City cannot designate money from the Land Fund to the HSSC if they are a separate entity. He confirmed that terms can be negotiated between the City and the HSSC during this process. Councilwoman March said she supports the mission of the Henderson Space and Science Center; however, the economic recovery has been much slower than anyone anticipated. She agreed that it makes sense to work towards a separation of structure so the HSSC can raise funds from the private sector. Councilwoman Schroder stated that the HSSC would provide an important educational opportunity for kids, residents, and the community. She agreed with the idea to give them the interest from the Land Fund and asked if that option is available. Mr. Reid explained that as part of this resolution, the Council cannot take action about allocating interest in the Land Fund because it is not part of the agenda. He noted that staff can look at different mechanisms from the City to provide a gift before they separate. Henderson City Council Regular Meeting Page 22 of 25 March 20, 2012 – Minutes Responding to questions by Councilwoman Schroder about the next item on the agenda to reappoint the board members, Mr. Reid explained that this item is on the agenda to comply with the ordinance to appoint members before their term expires. He noted that several of the terms expire at the end of this month. Mayor Hafen stated that he has always supported the HSSC, but times have changed due to the downturn in the economy. He said fundraising has been very difficult. Mayor Hafen said the City has capital needs in the community that would benefit from the Land Fund monies. He agreed with Councilman Marz to possibly draft language in another agreement to match any money raised by the HSSC Board. He stated that the right thing to do is adopt this resolution to free up the capital funds and build projects in the city. Mayor Hafen said if the 501(c)(3) that was created splits from the City, staff would have to work on ways that the Land Fund money could still be donated as a gift to the HSSC. He noted that this gives the HSSC Board a year and a half to prepare and raise their own operating funds. He thinks approval of the resolution would be in order, and that staff should come back with actions to affect a split between the City and the 501(c)(3); that they could still receive land fund money as a matching gift. He suggested that a time frame should be established and placing a cap on the matching funds. He thinks they need another agenda item that is very clear on these issues. Councilwoman March stated that it is time to give flight to this wonderful cause and allow it to demonstrate that it can be successful in the community. Larry Carroll, 286 Francisco Street, Vice-President of the Henderson Space and Science Center Board, said they realize that things do change and this project has been impacted by the economy. He said they would appreciate the opportunity to work with City staff to come to a resolution. They know it will be an uphill battle raising funds, but they are confident they will be able to get fundraising going. Mr. Carroll noted that the HSSC Board appreciates the City’s help in the past and will continue to work hard to move forward. Mayor Hafen commented that the Council appreciates the service of the HSSC Board members. (Motion) Mayor Andy Hafen moved to adopt Resolution No. 4031, and suggested that staff draft language that the City match money raised by the HSSC Board, including a time frame and cap for the matching funds. 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 25 March 20, 2012 – Minutes NB-33 APPOINTMENTS HENDERSON SPACE AND SCIENCE CENTER BOARD CITY CLERK'S OFFICE Reappointment of the seven members of the Henderson Space and Science Center Board with terms expiring on March 30, 2012, or appointment of new members. Mayor Hafen stated that it is still appropriate to reappoint the members of the Henderson Space and Science Center Board through the separation process. (Motion) Mayor Andy Hafen moved to reappoint the following members to the Henderson Space and Science Center Board: Dominic Marrocco and Noah Allison to three-year terms, expiring on March 31, 2015; James Gibson and Liz Trosper to two-year terms, expiring on March 31, 2014; and Denis Beller, Jim Frey, and Beth Williams to one-year terms, expiring on March 31, 2013. 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 RESCINDING RESOLUTION 4017 (SOUTHERN NEVADA DRUG TASK FORCE ) CMTS NO. 211-12-2124-DEA SND HIDTA POLICE DEPARTMENT/CITY ATTORNEY'S OFFICE Mayor Hafen introduced Resolution No. 4032 and Acting City Manager Ellington read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA RESCINDING RESOLUTION 4017 MEMORANDUM OF UNDERSTANDING WITH THE DRUG ENFORCEMENT ADMINISTRATION AND THE HENDERSON POLICE DEPARTMENT AUTHORIZING PARTICIPATION IN THE DEA SOUTHERN NEVADA DRUG TASK FORCE (DEA SND HIDTA) DUE TO INCORRECT SUPPORT DOCUMENTATION BEING ATTACHED . (Motion) Councilman Sam Bateman moved to adopt Resolution No. 4032. 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 24 of 25 March 20, 2012 – Minutes NB-35 RESOLUTION DIRECT LAND SALE TO ROSEMAN UNIVERSITY OF HEALTH SCIENCES 8.00 ACRES +/- EAST OF SUNSET WAY AND VALLE VERDE DRIVE ECONOMIC DEVELOPMENT/REDEVELOPMENT Mayor Hafen introduced Resolution No. 4033 and Acting City Manager Ellington read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA, EXPRESSING ITS INTENT TO SELL APPROXIMATELY 8.00 ACRES, MORE OR LESS, OF REAL PROPERTY LOCATED PARTIALLY IN THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 62 EAST AND PARTIALLY IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.M. TO ROSEMAN UNIVERSITY OF HEALTH SCIENCES PURSUANT TO THE ECONOMIC DEVELOPMENT PROVISIONS OF NRS 268.063. (Motion) Councilman Sam Bateman moved to adopt Resolution No. 4033. 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-36 BILL NO. 2666 AMEND HMC CHAPTER 2.04 - COUNCIL MEETINGS CITY CLERK'S OFFICE Mayor Hafen introduced Bill No. 2666 and Acting City Manager Ellington read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 2.04, ELIMINATING THE USE OF MAGNETIC RECORDING TAPES FOR THE TAPING OF MEETINGS OF BOARDS AND COMMISSIONS, AND PROVIDING FOR OTHER MATTERS RELATING THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2666 to the Committee Meeting of April 3, 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 25 of 25 March 20, 2012 – Minutes XI. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March reported that she serves on the steering committee for the Regional Development Authority and they are in the process of restructuring the Nevada Development Authority. They expect to have an application into the Governor’s office for funding by the end of this month, and hope the funding will be made available to Southern Nevada by the end of April. Councilwoman Schroder reported that she and Mayor Hafen traveled to Washington D.C. and met with the congressional delegation and attended the National League of Cities conference. She noted that the main concerns were the transportation bill and community development block grant funds. XII. SET MEETING The Committee Meeting for April 3, 2012, was set for 6:45 p.m.; however, a special meeting was set for 6:15 p.m., to administer the Oath of Office to Jacob Snow as City Manager. XIII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:11 p.m. PASSED AND ADOPTED THIS 3rd DAY OF APRIL, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk