City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING April 17, 2012 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:01 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 Gerri Schroder, Councilwoman Absent: John F. Marz, Councilman Officers: Jacob L. Snow, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Staff: Robert Murnane, Public Works Director Tracy Foutz, Deputy Community Development Director Richard Derrick, Finance Director Tedie Jackson, Minutes Clerk Jonathon Nunes, Council and Commission Services Coordinator Amber Ellis, Acting Council and Commission Services Coordinator Councilwoman Schroder introduced two guests from the University of Nevada, Las Vegas: Cesar Agreda and Jami Vallesteros. III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Assemblywoman April Mastroluca and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 23 April 17, 2012 – Minutes Mayor Hafen recognized Boy Scout Troop Nos. 343 and 903. IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended: NB-32 was continued to May 15, 2012, at the request of Councilwoman Schroder. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. V. PRESENTATIONS PR-1 PRESENTATION FREE TODDLER SWIM LESSONS GRANT SOUTHERN NEVADA CHAPTER OF THE INTERNATIONAL CODE COUNCIL CMTS NO. 411-12-REC-257 PARKS AND RECREATION Presentation of a $1,500.00 grant to the City of Henderson by the Southern Nevada Chapter of the International Code Council for free toddler swim lessons. (Action) City Manager Snow read the presentation for a grant of $1,500.00 from the Southern Nevada Chapter of the International Code Council for free toddler swim lessons, which was presented to Mary Ellen Donner, Director of Parks and Recreation, by Alan Ellis, Manager of Inspection Services. PR-2 PRESENTATION COMMUNITY PRIDE AWARD ETHEL M CHOCOLATES PARKS AND RECREATION Presentation of the Commemorative Beautification Commission's Community Pride Award to Ethel M. Chocolates for beautifying the community with their botanical cactus garden and for their sustainability efforts using a new solar garden. Henderson City Council Regular Meeting Page 3 of 23 April 17, 2012 – Minutes (Action) City Manager Snow read the presentation of the Henderson Beautification Commission’s Community Pride Award which was presented to Jennifer Gudgel and Mack Phillips from Ethel M. Chocolates for their sustainability efforts using a new solar garden, by the Mayor and Council. PR-3 PROCLAMATION EMERGENCY FOOD AND SHELTER PROGRAM AWARENESS DAY NEIGHBORHOOD SERVICES Proclamation declaring Tuesday, April 17, 2012, as "Emergency Food and Shelter Program Awareness Day." (Action) City Manager Snow read the proclamation declaring April 17, 2012, as Emergency Food and Shelter Program Awareness Day, which was presented to Debbie Harpster and Brian Polling from United Way of Southern Nevada, by the Mayor and Council. VI. CONSENT AGENDA CA-4 MINUTES CITY COUNCIL SPECIAL, COMMITTEE, AND REGULAR MEETINGS APRIL 3, 2012 CITY CLERK'S OFFICE City of Henderson City Council Special, Committee, and Regular Meeting minutes of April 3, 2012. (Motion) Councilwoman Debra March moved to adopt the Special, Committee, and Regular Meeting minutes of April 3, 2012. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 CASH REQUIREMENTS MARCH 1, 2012, THROUGH MARCH 28, 2012 FINANCE DEPARTMENT Cash requirements register for the period of March 1, 2012, through March 28, 2012, in the amount of $22,723,638.01. Henderson City Council Regular Meeting Page 4 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the Cash Requirements Register for the period of March 1, 2012, through March 28, 2012, in the amount of $22,723,638.01. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 EMPLOYMENT AGREEMENT CITY CLERK - SABRINA MERCADANTE APPLICANT: MAYOR AND COUNCIL Employment Agreement between the City of Henderson and City Clerk Sabrina Mercadante. (Motion) Councilwoman Debra March moved to approve the employment agreement for City Clerk Sabrina Mercadante for the period commencing March 20, 2012, for a period of three (3) years. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 AGREEMENT BOND COUNSEL SERVICES CMTS NO. 121-12-0010 FINANCE DEPARTMENT Agreement between the City of Henderson and Swendseid and Stern, for Bond Counsel Services, in an amount not-to-exceed $95,000.00, and authorize the City Manager to execute the Agreement and any subsequent amendments. (Motion) Councilwoman Debra March moved to approve the Agreement between the City of Henderson and Swendseid and Stern, for Bond Counsel Services, in an amount not-to-exceed $95,000.00, and authorize the City Manager to execute the Agreement and any subsequent amendments. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 5 of 23 April 17, 2012 – Minutes CA-8 PROFESSIONAL ENGINEERING SERVICES AGREEMENT DUCK CREEK, SUNSET TO SANDHILL PROJECT CMTS NO. 131-11-FC-132-001 PUBLIC WORKS DEPARTMENT Professional Services Agreement for the Duck Creek, Sunset to Sandhill Project between the City of Henderson and Atkins North America, Inc., to include final design and technical specifications for the project, in the total amount of $358,012.00. (Motion) Councilwoman Debra March moved to approve the Professional Services Agreement for the Duck Creek, Sunset to Sandhill Project between the City of Henderson and Atkins North America, Inc., to include final design and technical specifications for the project, in the total amount of $358,012.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 INTERLOCAL AGREEMENT COORDINATION OF GEOGRAPHIC INFORMATION SYSTEM ACTIVITIES, RESOURCES, AND SHARED DATA CMTS NO. 123-12-11 DEPARTMENT OF INFORMATION TECHNOLOGY Interlocal agreement between the City of Henderson and Clark County for coordination of Geographic Information System (GIS) activities, resources, and shared data, with first year costs totaling $8,000.00, second year costs totaling $8,400.00, third year costs totaling $8,820.00, fourth year costs totaling $9,261.00, fifth year costs totaling $9,724.00, and the total cost for the five-year period not to exceed $50,000.00. Henderson City Council Regular Meeting Page 6 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve and authorize the City Manager to sign the interlocal agreement between the City of Henderson and Clark County for coordination of Geographic Information System (GIS) activities, resources, and shared data, with first year costs totaling $8,000.00, second year costs totaling $8,400.00, third year costs totaling $8,820.00, fourth year costs totaling $9,261.00, fifth year costs totaling $9,724.00, and the total cost for the five-year period not to exceed $50,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 AGREEMENT MODIFICATION INTERGOVERNMENTAL AGREEMENT US MARSHALS OFFICE CMTS NO. 211-12-071111J POLICE DEPARTMENT Ratify the Modification of the Detention Services Intergovernmental Agreement dated January 27, 2012, increasing the per diem from $96.96 to $102.00, and changing the address of the Detention Center facility to its 18 E. Basic address. (Motion) Councilwoman Debra March moved to ratify the Modification of the Detention Services Intergovernmental Agreement dated January 27, 2012, increasing the per diem from $96.96 to $102.00, and changing the address of the Detention Center facility to its 18 E. Basic address. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 AWARD OF CONTRACT NO. 131-12-FC-044-002 NVE RELOCATION EQUESTRIAN TRIBUTARY PHASE 1 PUBLIC WORKS DEPARTMENT Award of Contract No. 131-12-FC-044-002, NVE Relocation Equestrian Tributary Phase 1, to Harber Company Inc., in the amount of $258,755.00, and authorize the City Manager to execute the contract for the City. Henderson City Council Regular Meeting Page 7 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to award Contract No. 131-12-FC-044-002, NVE Relocation Equestrian Tributary Phase 1, to Harber Company Inc., in the amount of $258,755.00, 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, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 AWARD OF CONTRACT 2012 STREETLIGHT KNOCKDOWN AND REPLACEMENT PROGRAM CMTS NO. 131-12-SL-025-001 PUBLIC WORKS DEPARTMENT Award Contract No. 131-12-SL-025-001, 2012 Streetlight Knockdown and Replacement Program, to TransCore ITS, LLC., in the amount of $263,160.00, and authorize the City Manager to execute the contract for the City. (Motion) Councilwoman Debra March moved to award Contract No. 131-12-SL-025-001, 2012 Streetlight Knockdown and Replacement Program, to TransCore ITS, LLC., in the amount of $263,160.00, 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, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 AWARD OF CONTRACT 2012 ON-CALL PAVEMENT PATCHING AND MISCELLANEOUS IMPROVEMENTS - PHASE 1 CMTS NO. 131-12-ST-146-002 PUBLIC WORKS DEPARTMENT Award Contract No. 131-12-ST-146-002, 2012 On-Call Pavement Patching and Miscellaneous Improvements – Phase 1, to J&J Enterprises Services, Inc., in the amount of $195,650.00, approve the project budget, and authorize the City Manager to execute the contract for the City. Henderson City Council Regular Meeting Page 8 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to award Contract No. 131-12-ST-146-002, 2012 On-Call Pavement Patching and Miscellaneous Improvements – Phase 1, to J&J Enterprises Services, Inc., in the amount of $195,650.00, approve the project budget, 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, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 AWARD OF IFB 109-12 INDUCTION INTERSECTION FIXTURES CMTS NO. 131-11-TE-002 PUBLIC WORKS DEPARTMENT Award of Invitation for Bids (IFB) 109-12, Induction Intersection Fixtures, to US Energy Technologies Inc. dba US Lighting Tech, in the amount of $260,400.00. (Motion) Councilwoman Debra March moved to award IFB 109-12 for Induction Intersection Fixtures to US Lighting Tech, in the amount of $260,400.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-15 INTRASTATE INTERLOCAL CONTRACT 2009 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) COMPLIANCE NEVADA STATE OFFICE OF ENERGY (NSOE) BUILDING AND FIRE SAFETY Ratification of Intrastate Interlocal Contract between the City of Henderson and the Nevada State Office of Energy (NSOE), for assistance to the City of Henderson with compliance with the 2009 International Energy Conservation Code (IECC) including purchase of code books, energy meters, and handheld devices for inspection staff, in the total amount of $9,455.08. Henderson City Council Regular Meeting Page 9 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to ratify the Intrastate Interlocal Contract between the City of Henderson and the Nevada State Office of Energy (NSOE), for assistance to the City of Henderson with compliance with the 2009 International Energy Conservation Code (IECC) including purchase of code books, energy meters, and handheld devices for inspection staff, in the total amount of $9,455.08. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-16 AMENDMENT NO. 1 R11 OVERFLOW MODIFICATIONS PROJECT STANLEY CONSULTANTS INC CMTS NO. 124-11-U0004-001 DEPARTMENT OF UTILITY SERVICES Amendment No. 1 to the professional services agreement between the City of Henderson and Stanley Consultants Inc. for the R11 Overflow Modifications Project, to extend the term of the agreement to June 30, 2013, and authorize the City Manager to execute the amendment for the City. (Motion) Councilwoman Debra March moved to approve Amendment No. 1 to the professional services agreement between the City of Henderson and Stanley Consultants Inc. for the R11 Overflow Modifications Project, to extend the term of the agreement to June 30, 2013, and authorize the City Manager to execute the amendment for the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-17 SECOND AMENDMENT INTEGRATED CASE MANAGEMENT SYSTEM CMTS NO. 621-11-001 MUNICIPAL COURT Second amendment between the City of Henderson and CourtView Justice Solutions, Inc., for annual software support for 71 licenses of the next generation CourtView case management system known as JWorks, and 71 plug-in licenses for Dashboard, Attach-It, and Update Express, in the amount of $88,830.00, and authorize the City Manager to execute the amendment. Henderson City Council Regular Meeting Page 10 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the second amendment between the City of Henderson and CourtView Justice Solutions, Inc., for annual software support for 71 licenses of the next generation CourtView case management system known as JWorks, and 71 plug-in licenses for Dashboard, Attach-It, and Update Express, in the amount of $88,830.00, and authorize the City Manager to execute the amendment. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 AUCTION VEHICLES AND EQUIPMENT CMTS NO. 131-08-SSFL-97 PUBLIC WORKS DEPARTMENT Auction of replaced vehicles and equipment by TNT Auction on May 19, 2012. (Motion) Councilwoman Debra March moved to approve the auction of replaced vehicles and equipment by TNT Auction on May 19, 2012. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 SELL AND TRANSFER CERTIFICATES OF SALE FINANCE DEPARTMENT Authorize the City Clerk to sell and transfer certificates of sale sold to the City after the redemption period has expired, pursuant to NRS 271.575, Municipal Clerk Custodian of Certificates for Property Sold to Municipality; Sale or Transfer of Certificate. (Motion) Councilwoman Debra March moved to approve authorization of the City Clerk to sell and transfer certificates of sale sold to the City after the redemption period has expired, pursuant to NRS 271.575, Municipal Clerk Custodian of Certificates for Property Sold to Municipality; Sale or Transfer of Certificate. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 11 of 23 April 17, 2012 – Minutes CA-20 PROJECT BUDGET AUGMENTATION LAKE MEAD PARKWAY AND WETLANDS TRAIL PHASE II CMTS NO. 131-12-PR-172-001 PUBLIC WORKS DEPARTMENT Project budget augmentation for city engineering and inspection services for the Local Improvement District (LID) T-16 portion of the Lake Mead and Wetlands Trail Phase II Project in the amount of $348,550.00. (Motion) Councilwoman Debra March moved to approve the project budget augmentation for city engineering and inspection services for the Local Improvement District (LID) T-16 portion of the Lake Mead and Wetlands Trail Phase II Project in the amount of $348,550.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 PITTMAN WASH EMERGENCY REPAIR EXPENSES LAS VEGAS PAVING CORPORATION CMTS NO. 124-12-U9030-001 DEPARTMENT OF UTILITY SERVICES Ratification of Pittman Wash emergency repair expenses in the amount of $1,047,415.23. (Motion) Councilwoman Debra March moved to ratify Pittman Wash emergency repair expenses in the amount of $1,047,415.23. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-22 BUSINESS LICENSE MASSAGE AND REFLEXOLOGY ESTABLISHMENT LITTLE TOKYO FOOT SPA APPLICANT: ZHUO XU Application for Massage and Reflexology Establishment business licenses for Zhuo Xu, dba Little Tokyo Foot Spa, 10100 South Eastern Avenue, Suite 110, Henderson, Nevada 89052. Henderson City Council Regular Meeting Page 12 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Massage and Reflexology Establishment business licenses for Zhuo Xu, dba Little Tokyo Foot Spa, 10100 South Eastern Avenue, Suite 110, Henderson, Nevada 89052, pending payment of fees, Community Development and required department approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE GIADA’S ITALIAN CUCINA APPLICANT: GIADA’S ITALIAN CUCINA, INC. Approval of Daniel P. Convertino as a corporate officer for the Beer, Wine, and Spirit-Based Products On-Sale business license for Giada’s Italian Cucina, Inc., dba Giada’s Italian Cucina, 2540 Anthem Village Drive, Suite 100, Henderson, Nevada 89052. (Motion) Councilwoman Debra March moved to approve Daniel P. Convertino as a corporate officer for the Beer, Wine, and Spirit-Based Products On-Sale business license for Giada’s Italian Cucina, Inc., dba Giada’s Italian Cucina, 2540 Anthem Village Drive, Suite 100, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. VII. PUBLIC HEARINGS PH-24 PUBLIC HEARING DRAFT ONE-YEAR ACTION PLAN FISCAL YEAR 2012-2013 CMTS NO. 132-12-PH-AP2012-2013 NEIGHBORHOOD SERVICES Receive comments and take action on the City of Henderson’s One-Year Action Plan 2012-2013, including recommendations of the Community Development Block Grant (CDBG) Program Advisory Committee for utilization of CDBG and HOME Investment Partnership (HOME) funds, submit to the U.S. Department of Housing and Urban Development (HUD), and authorize the City Manager to sign the related agreements. Henderson City Council Regular Meeting Page 13 of 23 April 17, 2012 – Minutes Dave Beason, Chairman of the Community Development Block Grant (CDBG) Program Advisory Committee (PAC), stated that the US Department of Housing and Urban Development has not announced the City CDBG allocations for this fiscal year beginning July 1, 2012, but City staff estimates the allocation of approximately $1,112,726.00. He reported that the PAC reviewed 35 applicants requesting over $2 million. The committee heard presentations from all the applicants seeking CDBG funds on January 11, 2012. On behalf of the PAC, Mr. Beason thanked staff and the Mayor and Council for moving forward with Zoomgrants, which made the process easier for the PAC and the applicants. 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. Mr. Beason reported the following CDBG recommendations for Public Service Projects: After School All-Stars Las Vegas, $2,000.00; Blind Center of Nevada, $6,909.00; Boys and Girls Club of Henderson, $5,000.00; Catholic Charities Respite Care and Social Services, $3,000.00; Club Christ Ministry, $3,500.00; Family and Child Treatment Center, $2,500.00; Giving Life Ministries, $32,000.00; HopeLink, $42,000.00; Living Grace Home, Phase I, $16,000.00; Nathan Adelson Hospice Foundation, $1,500.00; Nevada Partners, Inc., $5,000.00; The Foundation for Positively Kids, $2,500.00; St. Rose Dominican Helping Hands Program, $8,000.00; S.A.F.E. House, $32,000.00; and The Shade Tree Shelter, $5,000.00. Mr. Beason reported the following CDBG recommendations for Public Facilities and Rehabilitation Improvements: Rebuilding Together, National Rebuilding Day, $10,000.00; HopeLink Rehab to Family Resource Center, $40,500.00; Opportunity Village Walters Campus Expansion, $100,000.00; City of Henderson Public Works Trailer Estates Improvements Phase 3b, $257,629.00; and City of Henderson Public Works Pittman Street Improvements, $165,143.00. Mayor Hafen thanked the committee members for doing a great job. He commented that federal funding is one of the programs where the money is put to good use in the community. He encouraged residents to write to their congressional delegation to keep CDBG funding. There being no one else wishing to speak, the public hearing was closed at 7:23 p.m. Councilwoman Schroder disclosed that she serves as the president of the board for S.A.F.E. House; however, she does not receive any financial benefits. Henderson City Council Regular Meeting Page 14 of 23 April 17, 2012 – Minutes Councilwoman Schroder reported that when she recently attended the National League of Cities conference, they encouraged everyone to talk to their congressional delegation and let them know that CDBG funds are very important to the local communities. (Motion) Mayor Andy Hafen moved to approve the City of Henderson’s One-Year Action Plan 2012-2013, including recommendations of the Community Development Block Grant Program Advisory Committee for utilization of CDBG and HOME funds, submit to the U.S. Department of Housing and Urban Development, and authorize the City Manager to execute the related agreements. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. VIII. PUBLIC COMMENT Mayor Hafen recognized Boy Scout Troop No. 337 at this time. 1. Roger Peoples, 112 Beech Street, expressed concern regarding burned and abandoned homes near his house. He suggested these homes be foreclosed upon and demolished as they pose a safety hazard. Mr. Peoples noted that he has spoken with Code Enforcement about three properties, but nothing has been done to address his issues. Mayor Hafen noted that there are investigations going on, but he is not aware of any specific information regarding these properties. Mayor Hafen asked Mr. Peoples to provide staff with specific addresses so each property can be addressed. 2. Michael Sams, 1909 Evelyn Avenue, stated that a letter he received from the Internal Affairs division of the Police Department did not outline his issues or how they were addressed with a respective officer. Mr. Sams noted that he believes there was coercion involved with witnesses, perjury on the stand, and that his 4th Amendment rights were violated. He said he would like to see further investigation into his concerns. 3. LaMonica Harris, 10250 Spencer Street, Apt. 1054, Las Vegas, stated that Jesus has given her a job for the community, and every month she should receive something to give back to the community such as taking care of children, attending to senior citizens, giving to the needy, encouraging people that are down and out, touch and heal the people that are sick or diseased, and take care of the business matters with our City. Henderson City Council Regular Meeting Page 15 of 23 April 17, 2012 – Minutes IX. UNFINISHED BUSINESS UB-25 BILL NO. 2667 ZONING ORDINANCE AMENDMENT ZOA-12-500022 COMMUNITY DEVELOPMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 19 OF THE HENDERSON MUNICIPAL CODE, SECTION 19.5.5.K CATERING SERVICES TO AMEND THE STANDARDS REQUIRING A FULL-SERVICE RESTAURANT IN CONJUNCTION WITH A CATERING SERVICE IN THE DCC DISTRICT; AND OTHER MATTERS RELATED THERETO. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2667 as Ordinance No. 2962. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. UB-26 BILL NO. 2668 ZCA-12-500023 LIBERTY/AVELLINO COMMUNITY DEVELOPMENT Mayor Hafen introduced Bill No. 2668 and City Manager Snow read the Ordinance by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 34, TOWNSHIP 33 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTHEAST OF BERMUDA ROAD AND LIBERTY HEIGHTS AVENUE, IN THE WESTGATE PLANNING AREA FROM CLARK COUNTY ZONING (CNTY AND CNTY-AE) TO PS-AE (PUBLIC/SEMIPUBLIC WITH AIRPORT ENVIRONS OVERLAY), AND OTHER MATTERS RELATING THERETO. Henderson City Council Regular Meeting Page 16 of 23 April 17, 2012 – Minutes (Motion) Councilwoman Debra March moved to adopt Bill No. 2668 as Ordinance No. 2963. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. UB-27 BILL NO. 2669 ZCO-01-004561-A6 GIBSON CENTER APPLICANT: VANTICHELT NORTH, LLC & VANTICHELT SOUTH, LLC Mayor Hafen introduced Bill No. 2669 and City Manager Snow read the Ordinance by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 15, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE NORTHWEST CORNER OF MARY CREST ROAD AND GIBSON ROAD, IN THE GIBSON SPRINGS PLANNING AREA TO ALLOW ADDITIONAL COMMERCIAL USES WITHIN THE IG-MP (GENERAL INDUSTRIAL WITH MASTER PLAN OVERLAY) DISTRICT FOR GIBSON CENTER, A 12.2-ACRE PORTION OF A 211-ACRE MASTER PLAN, AND OTHER MATTERS RELATING THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2669 as Ordinance No. 2964. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. X. NEW BUSINESS NB-28 FIRST AMENDMENT AMENDED AND RESTATED MASTER PROJECT AGREEMENT FOR ARENA AND STADIUM SPORTS AND ENTERTAINMENT CENTER CITY MANAGER'S OFFICE First Amendment to the Amended and Restated Master Project Agreement between the City of Henderson and the Las Vegas National Sports Center (LVNSC, LLC) to develop, design, construct and operate a state-of-the-art arena and stadium sports and entertainment project in West Henderson. Henderson City Council Regular Meeting Page 17 of 23 April 17, 2012 – Minutes Via PowerPoint presentation, Dennis Porter, Director of Utility Services, reviewed the Las Vegas National Sports Center (LVNSC) amendments to the Amended and restated master Project Agreement. He provided a background history of the proposed project, displayed vicinity maps and a site plan, reviewed option to purchase points, right of first refusal points, Eastern parcel option points, deposit information, and major milestones. He noted that the City and the developer will be doing their due diligence throughout the sale date, the close date, the initial venue, and the financial closures. Mayor Hafen said the sale of the property could be June 4, 2012, if LVNSC is the successful bidder. He asked what would happen if LVNSC is not the highest bidder. Mr. Porter replied that LVNSC will have the opportunity to match a higher bid. He noted that they could close anytime between June 4, 2012, and December 4, 2012. Responding to a question by Councilman Bateman as to whether all bidders are required to put down $2 million, Mr. Porter confirmed that all bidders are required to put down 20 percent, which goes towards the closing. He said the agreement also requires LVNSC to submit a $1 million escrow deposit that could also be used towards the purchase of the property. Councilman Bateman commented that the financial closure time line gives the City an opportunity to gain any further information needed in preparation of the bonding. Mr. Porter stated that although these opportunities for this type of bonding and financing are available, the City has never taken advantage of these opportunities. Staff wants to make sure we do our due diligence and minimize all risks to ensure the project is successful. Responding to questions by Councilwoman Schroder regarding the land sale, Mr. Porter explained that all bidders are required to put down 20 percent of the fair market value, which is $10.5 million. He said the sealed bids are opened and LVNSC will have the ability to match the highest bidder. LVNSC will have until December 4, 2012, to pay the remainder of the bid amount to close on the land. Councilwoman Schroder asked what would happen if the LVNSC is making monthly payments but are not able to complete making the payments. Mr. Porter replied that LVNSC would lose the money they put down, and the Bureau of Land Management would keep the payments they receive and use the funds for Southern Nevada Public Lands Management Act (SNLPMA) projects. Henderson City Council Regular Meeting Page 18 of 23 April 17, 2012 – Minutes Councilwoman Schroder noted that the LVNSC project would be very positive for the community and the economy, but the City will still benefit if this project does not go through. Responding to a question by Councilwoman Schroder regarding what LVNSC needs to complete between December 4, 2012, and March 4, 2013, Mr. Porter explained that staff is including more detail under the structure of the agreement to give them time to get the financial closure. He said staff recognizes that this is a difficult project and understands that the developer needs to have everything in place to address various issues. Councilwoman March commented that this amendment affords the City some protections during this due diligence process. Chris Milam, president of LVNSC, LLC, thanked City staff and his consultants for reaching a mutual agreement on the first amendment. With respect to progress on the project, he reported that they have teams working on architectural and engineering aspects, finances, legal issues, sponsorship, marketing and event sales, and many other issues. Regarding construction phasing, he reported that the lender, CSST, approved the project at their investment committee last week. They have engaged US Counsel in San Francisco to begin preparing the necessary documents. He said LVNSC has also reached an agreement with Penn National Gaming to provide a small portion of the financing. Mr. Milam stated that this project will cost more than $650 million; however, the financing is not contingent upon having an anchor tenant or a NBA franchise. Mr. Milam reported that they are in detailed discussions with two NBA franchises and will probably add a third franchise soon. He believes this project is building momentum in the professional sports world and other sporting events. Mr. Milam stated that there is a very competitive environment for this project and he asked for the City’s continued support. Responding to a question by Councilwoman March as to how soon LVNSC will begin construction, Mr. Milam said their current objective is to be under construction in the 4th quarter of 2012. Councilman Bateman asked about the general obligation bonds and trying to sell these on the market. Mr. Milam replied that selling the bonds will be market-driven at the time. He clarified that they are revenue bonds and not general obligation bonds. He noted that the bond underwriters do not care whether the revenue is coming through the presence of a NBA franchise or through other contractually-obligated income. He said the underwriter has experience with Henderson and a significant amount of municipal bond underwriting experience. Henderson City Council Regular Meeting Page 19 of 23 April 17, 2012 – Minutes Councilwoman Schroder asked if LVNSC will be able to provide the list of required items to the City Attorney’s Office in time to begin construction in October of 2012. Mr. Milam responded they are confident they will be able to provide all the information, and he noted that the City will not let them begin construction without submitting all the required documents. In response to a question by Councilwoman March regarding whether negotiations and payment to ball teams are built into the cost of the project, Mr. Milan said they have taken into account the requirements of attracting a NBA franchise, and confirmed that this element has been built into the cost of project. Mayor Hafen commented that LVNSC is in agreement with the terms that have been presented in the amendment. He asked how soon they could realistically close escrow, and whether the funding to purchase the land is separate from the $650 million. Mr. Milam replied that they intend to be the successful bidder of this project, and they are prepared to overbid all other bids. Although they have until December to close escrow, they will work to close escrow as quickly as possible. Mr. Milam said the construction loan and the land purchase are separate. Responding to a question by Mayor Hafen as to whether the CSST board or committee approved the funding for this project. Mr. Milam said the CSST board of directors and investment committee are the same thing. He noted that they are hoping to have the construction loan documents be completed by June 4, 2012, or in a short period of months thereafter. Mayor Hafen asked about the aggressive schedule and submitting plans. Mr. Milam stated that their completion time is scheduled for September of 2014, and plans will be submitted in packages. Mayor Hafen stated that the City is very serious about the development of this project, and the Council supports this project. He thinks that Henderson really benefits from this project and staff has been progressive in working with LVNSC. They realize there are other interests in the valley, but he believes the first developer who begins construction will win. He said the City will continue to do due diligence to ensure this project is successful. Mayor Hafen stated that this project will be a boon for Henderson. He said the Council is grateful for the opportunity to work with LVNSC, and he hopes to have another update within a few months. Henderson City Council Regular Meeting Page 20 of 23 April 17, 2012 – Minutes (Motion) Mayor Andy Hafen moved to approve the First Amendment to the Amended and Restated Master Project Agreement between the City of Henderson and the Las Vegas National Sports Center (LVNSC, LLC) to Develop, Design, Construct, and Operate a State-of-the Art Arena and Stadium Sports and Entertainment Project in West Henderson. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. NB-29 RESOLUTION DEA NEVADA INTERDICTION TASK FORCE RESCINDING RESOLUTION NO. 4028 CMTS NO. 211-10-2123-DEA NEVADA INTERDICTION POLICE DEPARTMENT, CITY ATTORNEY'S OFFICE Mayor Hafen introduced Resolution No. 4035 and City Manager Snow read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDESON, NEVADA RESCINDING RESOLUTION 4028 MEMORANDUM OF UNDERSTAND 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 ADMINISTRAITON AND THE HENDERSON POLICE DEPARTMENT AUTHORIZING PARITICPATION IN THE DEA NEVADA INTERDICTION TASK FORCE. (Motion) Councilwoman Debra March moved to adopt Resolution No. 4035. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 21 of 23 April 17, 2012 – Minutes NB-30 RESOLUTION SUPPORT FOR A NEW SOUTHERN NEVADA REGIONAL DEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT/REDEVELOPMENT Mayor Hafen introduced Resolution No. 4036 and City Manager Snow read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, SUPPORTING THE DESIGNATION OF A NEW REGIONAL DEVELOPMENT AUTHORITY AND THE ECONOMIC DEVELOPMENT STRATEGY IMPLEMENTING THE PROVISION OF AB 449 WITHIN SOUTHERN NEVADA. (Motion) Councilwoman Gerri Schroder moved to adopt Resolution No. 4036. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. NB-31 RESOLUTION ESTABLISH TIME AND LOCATION FOR PUBLIC HEARING ON ISSUANCE OF BONDS CITY ATTORNEY'S OFFICE Mayor Hafen introduced Resolution No. 4037 and City Manager Snow read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA ESTABLISHING THE TIME AND PLACE FOR A PUBLIC HEARING AND PROVIDING FOR THE FORM OF NOTICE THEREOF CONCERNING THE ISSUANCE OF BONDS BY THE PUBLIC FINANCE AUTHORITY AND OTHER MATTERS RELATED THERETO. (Motion) Mayor Andy Hafen moved to adopt Resolution No. 4037. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 22 of 23 April 17, 2012 – Minutes NB-32 RESOLUTION SUPPORT FOR DEVELOPMENT OF NEVADA’S CLEAN ENERGY ECONOMY COMMUNITY DEVELOPMENT, ECONOMIC DEVELOPMENT/REDEVELOPMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXPRESSING SUPPORT FOR CLEAN ENERGY PROJECT AND DEVELOPMENT OF NEVADA’S CLEAN ENERGY ECONOMY. (Action) This item was continued to May 15, 2012, at the request of Councilwoman Schroder. NB-33 BILL NO. 2670 ZCA-06-660020 THE FALLS @ LAKE LAS VEGAS - GOLF COURSE/CLUBHOUSE COMMUNITY DEVELOPMENT Mayor Hafen introduced Bill No. 2670, and City Manager Snow read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2842, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS, DESCRIBED AS PORTIONS OF SECTION 27 AND 34, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED ON THE NORTHSIDE OF LAKE MEAD PARKWAY AT LAKE LAS VEGAS PARKWAY FROM RS-6 (LOW-DENSITY RESIDENTIAL) TO RS-6-MP (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY), ON 38 ACRES, AND FROM DH (DEVELOPMENT HOLDING) TO PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY) ON 187 ACRES AND CM-MP (COMMERCIAL MIXED USE WITH MASTER PLAN OVERLAY) ON 4.3 ACRES; AND OTHER MATTERS RELATING THERETO. (Motion) Councilman Sam Bateman moved to refer Bill No. 2670 to the Committee meeting on May 1, 2012. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 23 of 23 April 17, 2012 – Minutes XI. MAYOR\COUNCILMEMBER COMMENTS There were no Mayor and Councilmember comments presented. XII. SET MEETING The Committee Meeting for May 1, 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 8:20 p.m. PASSED AND ADOPTED THIS 1st DAY OF MAY, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk