City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING June 5, 2012 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:06 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 Officers: Mark Calhoun, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Staff: Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development Richard Derrick, Finance Director Tedie Jackson, Minutes Clerk Jonathon Nunes, Council and Commission Services Coordinator Amber Ellis, Acting Council and Commission Services Coordinator III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Pastor Douglas Barnet, Grace Lutheran Church, and was followed by the Pledge of Allegiance. Mayor Hafen recognized Boy Scout Troop Nos. 564, 344, 476. Henderson City Council Regular Meeting Page 2 of 33 June 5, 2012 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended. CA-8 was continued to June 19, 2012, at the request of staff. UB-37, there are changes to the resolution. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None Those abstaining: None. Mayor Hafen declared the motion carried. V. PRESENTATIONS PR-1 PRESENTATION 2011-2012 PROJECT OF THE YEAR SOUTHERN NEVADA CHAPTER OF THE NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS DEPARTMENT OF UTILITY SERVICES Recognition of The City of Henderson Southwest Water Reclamation Facility (SWRF) as Winner of the Southern Nevada Chapter of the National Society of Professional Engineers’ (NSPE) 2011-2012 Project of the Year. (Action) City Manager Snow read the presentation for recognizing the City of Henderson Southwest Water Reclamation Facility (SWRF) as winner of the Southern Nevada Chapter of the National Society of Professional Engineers' (NSPE) 2011-2012 Project of the Year, which was presented to Dennis Porter, Director of Utility Services, by Jonathan Tull, from the National Society of Professional Engineers, and the Mayor and City Council. VI. CONSENT AGENDA CA-2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS MAY 15, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of May 15, 2012. Henderson City Council Regular Meeting Page 3 of 33 June 5, 2012 – Minutes (Motion) Councilwoman Debra March moved to adopt the Committee and Regular Meeting minutes of May 15, 2012. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-3 AGREEMENT ONLINE SERVICES AND SOFTWARE LEXISNEXIS CMTS NO. 144-12-26 CITY ATTORNEY'S OFFICE Online services and software agreement between the City of Henderson and LexisNexis, for the term August 1, 2012, through July 31, 2015, with annual costs of $22,897.00 for Fiscal Year 2013, $23,596.00 for Fiscal Year 2014, and $24,319.00 for Fiscal Year 2015, in the total amount of $70,812.00, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Debra March moved to approve the online services and software agreement between the City of Henderson and LexisNexis, for the term August 1, 2012, through July 31, 2015, with annual costs of $22,897.00 for Fiscal Year 2013, $23,596.00 for Fiscal Year 2014, and $24,319.00 for Fiscal Year 2015, in the total amount of $70,812.00, and authorize the City Manager to execute the 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. CA-4 AGREEMENT USE OF HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS CITY OF HENDERSON AND HOUSING FOR NEVADA CMTS NO. 132-12-220,000-HFN NEIGHBORHOOD SERVICES Agreement between the City of Henderson, as entitlement grantee, and Housing for Nevada, as Community Housing Development Organization (CHDO), for use of $220,000.00 Home Investment Partnership Program (HOME) funds for CHDO-eligible activities to benefit low-income households. Henderson City Council Regular Meeting Page 4 of 33 June 5, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the agreement between the City of Henderson, as entitlement grantee, and Housing for Nevada, as Community Housing Development Organization (CHDO), for use of $220,000.00 Home Investment Partnership Program (HOME) funds for CHDO-eligible activities to benefit low-income households. 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 COOPERATIVE AGREEMENT NEVADA DEPARTMENT OF TRANSPORTATION WATER STREET ENHANCEMENT PROJECT CMTS NO. 131-12-GG-R24-001 PUBLIC WORKS DEPARTMENT Approve the cooperative agreement between the City of Henderson and the Nevada Department of Transportation (NDOT), for the design and construction of landscaping improvements on Water Street from Lake Mead Parkway to Boulder Highway, in the amount of $674,211.00, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Debra March moved to approve the cooperative agreement between the City of Henderson and the Nevada Department of Transportation (NDOT), for the design and construction of landscaping improvements on Water Street from Lake Mead Parkway to Boulder Highway, in the amount of $674,211.00, and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 INTERLOCAL AGREEMENT MULTI-JURISDICTIONAL BUSINESS LICENSE CMTS NO. 121-12-0012 BUSINESS LICENSE, CITY ATTORNEY'S OFFICE Interlocal Agreement among the City of Henderson, City of Las Vegas, City of North Las Vegas, and the County of Clark regarding the ongoing implementation and operation of the Multi-Jurisdictional Business License, in the amount of $18,780.00. Henderson City Council Regular Meeting Page 5 of 33 June 5, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the interlocal agreement among the City of Henderson, City of Las Vegas, City of North Las Vegas, and the County of Clark regarding the ongoing implementation and operation of the Multi-Jurisdictional Business License, in the amount of $18,780.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 INTERLOCAL AGREEMENT CLARK COUNTY SCHOOL DISTRICT TRANSPORTATION SERVICES CMTS NO. 411-12-REC-309 PARKS AND RECREATION Interlocal agreement between the City of Henderson and the Clark County School District, in the amount of $23,000.00, for summer program transportation. (Motion) Councilwoman Debra March moved to approve the interlocal agreement between the City of Henderson and the Clark County School District, in the amount of $23,000.00, for summer program transportation. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 RETAINER AGREEMENTS AND ANNUAL BUDGET ALLOCATIONS LEGAL SERVICES FOR FISCAL YEAR 2013 CMTS NOS. 144-12-14, 144-12-15, 144-12-16, 144-12-17, 144-12-18, 144-12-19, 144-12-20, 144-12-21, 144-12-22, 144-12-23, 144-12-24, 144-12-25,144-12-27 CITY ATTORNEY'S OFFICE Funding allocations for Legal Services for Fiscal Year 2013 in the amount of $2,208,200.00 and authorize the City Manager to execute the retainer agreements. (Action) This item was continued to June 19, 2012, at the request of staff. Henderson City Council Regular Meeting Page 6 of 33 June 5, 2012 – Minutes CA-9 PROFESSIONAL ENGINEERING SERVICES AGREEMENT HORIZON CREST PARK PROJECT (FORMERLY KNOWN AS MISSION VIEW PARK) SPECIAL INSPECTIONS CMTS NO. 131-11-PR-038-002 PARKS AND RECREATION, PUBLIC WORKS DEPARTMENT Professional Engineering Services Agreement between the City of Henderson and Terracon Consulting Inc., in the amount of $46,820.00 for special inspection services for the Horizon Crest Park Project (formerly known as Mission View Park), and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Debra March moved to approve the Professional Engineering Services Agreement between the City of Henderson and Terracon Consulting Inc., in the amount of $46,820.00 for special inspection services for the Horizon Crest Park Project (formerly known as Mission View Park), and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 PROFESSIONAL ENGINEERING SERVICES AGREEMENT LAKE MEAD PARKWAY TRAIL AND WETLANDS TRAIL PHASE II PROJECT SPECIAL INSPECTIONS CMTS NO. 131-12-PR-172-003 PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Professional Engineering Services Agreement between the City of Henderson and Angle Engineering in the amount of $75,000.00 for special inspection services for the Lake Mead Parkway Trail and Wetlands Trail Phase II Project, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Debra March moved to approve the Professional Engineering Services Agreement between the City of Henderson and Angle Engineering in the amount of $75,000.00 for special inspection services for the Lake Mead Parkway Trail and Wetlands Trail Phase II Project, and authorize the City Manager to execute the agreement 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 7 of 33 June 5, 2012 – Minutes CA-11 AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT MISSION VIEW PARK PROJECT CMTS NO. 131-10-PR-038-001 PARKS AND RECREATION, PUBLIC WORKS DEPARTMENT Amendment No. 2 to the Professional Services Agreement between the City of Henderson and Stantec Consulting Services, Inc., in the amount of $48,354.50 to provide additional design engineering services for the Mission View Park project, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Debra March moved to approve Amendment No. 2 to the Professional Services Agreement between the City of Henderson and Stantec Consulting Services, Inc., in the amount of $48,354.50 to provide additional design engineering services for the Mission View Park project, and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 AMENDMENT NO. 2 PROFESSIONAL ENGINEERING SERVICES AGREEMENT LAKE MEAD PARKWAY TRAIL AND WETLANDS TRAIL PHASE II PROJECT CMTS NO. 131-12-PR-172-004 PARKS AND RECREATION, PUBLIC WORKS DEPARTMENT Amendment No. 2 to the Professional Engineering Services Agreement between the City of Henderson and Atkins North America, Inc., in the amount of $35,000.00 for engineering design services for the Lake Mead Parkway Trail and Wetlands Trail Phase II Project, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Debra March moved to approve Amendment No. 2 to the Professional Engineering Services Agreement between the City of Henderson and Atkins North America, Inc. in the amount of $35,000.00 for engineering design services for the Lake Mead Parkway Trail and Wetlands Trail Phase II Project, and authorize the City Manager to execute the agreement 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 8 of 33 June 5, 2012 – Minutes CA-13 FIFTH SUPPLEMENTAL INTERLOCAL CONTRACT BURKHOLDER BOULEVARD, LAKE MEAD PARKWAY TO RACETRACK PROJECT 027D CMTS NO. 131-12-ST-034-001 APPLICANT: PUBLIC WORKS Fifth Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to reduce project funding for engineering and construction costs and extend the project completion date for Project 027D, Burkholder Boulevard, Lake Mead Parkway to Racetrack Road. (Motion) Councilwoman Debra March moved to approve the Fifth Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to reduce project funding for engineering and construction costs and extend the project completion date for Project 027D, Burkholder Boulevard, Lake Mead Parkway to Racetrack Road. 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 CHANGE ORDER NO. 6 ST. ROSE PARKWAY TRAIL PHASE II CMTS NO. 131-11-PR-149-002 PUBLIC WORKS DEPARTMENT Change Order No. 6 for St. Rose Parkway Trail Phase II, between the City of Henderson and GC&B Enterprises, for interpretive signage, kiosks, artwork, additional landscaping and additional quantities associated with the original base contract scope, in the total amount of $760,184.80. (Motion) Councilwoman Debra March moved to approve change Order No. 6 for St. Rose Parkway Trail Phase II, between the City of Henderson and GC&B Enterprises, for interpretive signage, kiosks, artwork, additional landscaping and additional quantities associated with the original base contract scope, in the total amount of $760,184.80, and authorize the City Manager to execute the change order 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 9 of 33 June 5, 2012 – Minutes CA-15 CHANGE ORDER NO. 9 CITY COUNCIL CHAMBERS AUDIO VIDEO UPGRADES CMTS NO. 131-10-MF-169-002 CITY CLERK'S OFFICE, DEPARTMENT OF INFORMATION TECHNOLOGY Change Order No. 9 for Council Chambers Audio Video Upgrades between the City of Henderson and Technology West Group, in the amount of $114,817.55. (Motion) Councilwoman Debra March moved to approve Change Order No. 9 for Council Chambers Audio Video Upgrades between the City of Henderson and Technology West Group, in the amount of $114,817.55. 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 INCREASE PURCHASE ORDER LEGAL SERVICES RELATED TO THE LAS VEGAS NATIONAL SPORTS CENTER CMTS NO. 144-12-9 CITY ATTORNEY'S OFFICE Increase the purchase order with Holland & Hart LLP for Legal Services related to the Las Vegas National Sports Center for the remainder of Fiscal Year 2012, in the amount of $50,000.00. (Motion) Councilwoman Debra March moved to approve an increase to the purchase order with Holland & Hart LLP, for Legal Services related to the Las Vegas National Sports Center for the remainder of Fiscal Year 2012, in the amount of $50,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 33 June 5, 2012 – Minutes CA-17 NON-REFUNDABLE CONTRIBUTION CONSTRUCTION AGREEMENT NO. 189845A GALLERIA DRIVE HALF STREET IMPROVEMENTS PROJECT CMTS NO. 124-09-100908-0915 DEPARTMENT OF UTILITY SERVICES Budget augmentation and remittance to NV Energy in the amount of $71,397.00 for the Non-Refundable Contribution in Aid of Construction Agreement No. 189845A for the Galleria Drive Half Street Improvements Project. (Motion) Councilwoman Debra March moved to approve a budget augmentation and remittance to NV Energy in the amount of $71,397.00 for the Non-Refundable Contribution in Aid of Construction Agreement No. 189845A for the Galleria Drive Half Street Improvements project. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 BUDGET AUGMENTATION AMENDMENT III TO INTERLOCAL LEASE AGREEMENT DEPARTMENT 3, COURTROOM 1 REMODEL CMTS NO. 131-12-CM-041 PUBLIC WORKS DEPARTMENT Budget augmentation for Amendment III to the Interlocal Lease Agreement between the City of Henderson and Clark County, for the Department 3, Courtroom 1 remodel, to include minor modifications expanding the jury seating for increased safety and security measures, in the total amount of $50,766.00. (Motion) Councilwoman Debra March moved to approve the budget augmentation for Amendment III to the Interlocal Lease Agreement between the City of Henderson and Clark County, for the Department 3, Courtroom 1 remodel, to include minor modifications expanding the jury seating for increased safety and security measures, in the total amount of $50,766.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 11 of 33 June 5, 2012 – Minutes CA-19 PROJECT BUDGET INTERSECTION CAPACITY IMPROVEMENTS WATER STREET, LAKE MEAD TO BOULDER HIGHWAY CMTS NO. 131-12-TC-193-001 PUBLIC WORKS DEPARTMENT Approve the project budget in the amount of $215,000.00, for traffic intersection capacity improvements including installation of conduit and fiber optics on Water Street between Lake Mead Parkway and Boulder Highway, and accept into the City's Capital Improvement Plan. (Motion) Councilwoman Debra March moved to approve the project budget in the amount of $215,000.00, for traffic intersection capacity improvements including installation of conduit and fiber optics on Water Street between Lake Mead Parkway and Boulder Highway, and accept the project into the City's Capital Improvement Plan. 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 CAPITAL IMPROVEMENT PLAN JULY 1, 2012 THROUGH JUNE 30, 2018 PUBLIC WORKS DEPARTMENT Capital Improvement Plan (CIP), dated July 1, 2012, through June 30, 2018. (Motion) Councilwoman Debra March moved to accept the Capital Improvement Plan (CIP) dated July 1, 2012, to run through Fiscal Year 2018. 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 SECOND AMENDMENT TO PROMISSORY NOTE PINNACLE BUILDING ECONOMIC DEVELOPMENT/REDEVELOPMENT Second Amendment to the Promissory Note dated November 20, 2007, and amended on February 16, 2011, between the City of Henderson and the City of Henderson Redevelopment Agency. Henderson City Council Regular Meeting Page 12 of 33 June 5, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the Second Amendment to the Promissory Note dated November 20, 2007, and amended on February 16, 2011, between the City of Henderson and the City of Henderson Redevelopment Agency. 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 EQUIPMENT PURCHASE THERMAL IMAGING CAMERAS DIAMONDBACK FIRE AND RESCUE CMTS NO. 133-12-04 FIRE DEPARTMENT Purchase thermal imaging cameras, from Diamondback Fire and Rescue, in the amount of $81,000.00. (Motion) Councilwoman Debra March moved to approve the purchase of thermal imaging cameras, from Diamondback Fire and Rescue, in the amount of $81,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 EQUIPMENT PURCHASE CALGON PHOENIX SCRUBBER REPLACEMENT CANISTERS CMTS NO. 124-12-050712 DEPARTMENT OF UTILITY SERVICES Purchase of Replacement Carbon Canisters for the Water Reclamation Facility, from Calgon Corporation, in the amount of $190,000.00. (Motion) Councilwoman Debra March moved to approve the purchase of Replacement Carbon Canisters for the Water Reclamation Facility, from Calgon Corporation, in the amount of $190,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 13 of 33 June 5, 2012 – Minutes CA-24 GRANT AWARD TARGET REPEAT OFFENDER UNIT SURVEILLENCE EQUIPMENT CMTS NO. 211-2151-2128-G0413 POLICE DEPARTMENT Ratify a Grant Award from Target to the City of Henderson Police Department to support the Repeat Offender Unit in the amount of $1,100.00, for the purchase of surveillance equipment. (Motion) Councilwoman Debra March moved to ratify the Grant Award from Target to the City of Henderson Police Department to support the Repeat Offender Unit in the amount of $1,100.00, for the purchase of surveillance equipment. 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-25 GRANT AWARD TARGET ARTS PROGRAMMING FY 2012-2013 CULTURAL ARTS AND TOURISM Ratify Grant funds from Target, in the amount of $20,000.00 for Arts Programming for Fiscal Year 2012-2013. (Motion) Councilwoman Debra March moved to ratify grant funds from Target, in the amount of $20,000.00 for Arts Programming for Fiscal Year 2012-2013. 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. Henderson City Council Regular Meeting Page 14 of 33 June 5, 2012 – Minutes CA-26 GRANT AWARD DEA 2012 DOMESTIC CANNABIS ERADICATION SUPPRESSION PROGRAM CMTS NO. 211-12-2124-G0412 POLICE DEPARTMENT Accept a grant from the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) for the City of Henderson Police Department to eradicate illicit cannabis as outlined in the grant agreement, in the amount of $20,000.00. (Motion) Councilwoman Debra March moved to accept the grant from the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) for the City of Henderson Police Department to eradicate illicit cannabis as outlined in the grant agreement, in the amount of $20,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-27 ADDITIONAL GRANT AWARD LAS VEGAS METROPOLITAN POLICE DEPARTMENT FY11 INTERNET CRIMES AGAINST CHILDREN GRANT (ICAC) PROGRAM CMTS NO. 211-12-2106-G0294 POLICE DEPARTMENT Ratify the additional grant award received from the Las Vegas Metropolitan Police Department for the City of Henderson Police Department to participate in the FY11 Internet Crimes Against Children Grant program, in the amount of $15,398.00. (Motion) Councilwoman Debra March moved to ratify the additional grant award received from the Las Vegas Metropolitan Police Department for the City of Henderson Police Department to participate in the FY11 Internet Crimes Against Children Grant program, in the amount of $15,398.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 15 of 33 June 5, 2012 – Minutes CA-28 COMMUNITY PROJECT DISBURSEMENT REQUEST SOUTHWEST SIGN ART APPLICANT: MAYOR HAFEN Community project disbursement request from Mayor Hafen for a memorial plaque suggested by the Glen Taylor Elementary School GATE students to recognize and draw attention to those impacted by impaired drivers and to raise awareness of this danger, in the amount of $830.85. (Motion) Councilwoman Debra March moved to approve the Community project disbursement request from Mayor Hafen for a memorial plaque suggested by the Glen Taylor Elementary School GATE students to recognize and draw attention to those impacted by impaired drivers and to raise awareness of this danger, in the amount of $830.85. 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-29 COMMUNITY PROJECT DISBURSEMENT REQUEST NEVADA STATE COLLEGE FOUNDATION APPLICANT: MAYOR HAFEN Community Project Disbursement Request from Mayor Hafen to Nevada State College Foundation to be used for student recruitment and scholarships, in the amount of $10,000.00. (Motion) Councilwoman Debra March moved to approve the Community Project Disbursement Request from Mayor Hafen to Nevada State College Foundation to be used for student recruitment and scholarships, in the amount of $10,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 16 of 33 June 5, 2012 – Minutes CA-30 LITIGATION SETTLEMENT PURSUANT TO MEDIATION IN THE MATTER OF STEVEN SHEARING AS TRUSTEE OF THE SHEARING FAMILY TRUST AND SPS INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY V. THE CITY OF HENDERSON SPS INVESTMENTS V. CITY OF HENDERSON CITY ATTORNEY'S OFFICE, DEPARTMENT OF UTILITY SERVICES This is an inverse condemnation action wherein the Plaintiffs Steven Shearing, as trustee of the Shearing Family Trust, and SPS Investments, LLC (collectively "Shearing") sued the City of Henderson, ("City") for the wrongful taking of a property interest owned by Shearing without paying just compensation. The City Attorney’s Office participated in a mediation with representatives of Shearing on May 17, 2012. The City Attorney’s Office recommends that the City pay $500,000.00 to Shearing in order to resolve this litigation. The settlement with Shearing would also include the M Resort paying $1,100,000.00 on behalf of the City to Shearing pursuant to its indemnification obligations under its Development Agreement with the City. (Motion) Councilwoman Debra March moved to approve the settlement in the matter of Steven Shearing, as trustee of the Shearing Family Trust, and SPS Investments, LLC v. The City of Henderson, Case No.: A598688, and authorize the City Attorney and City Manager to execute a settlement agreement in which the City pays the Plaintiffs a total of $1,600,000.00 of which $500,000.00 is to come from City funds and $1,100,000.00 coming from the M Resort. 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-31 BUSINESS LICENSE LIMITED GAMING SPORTS POOL MY CASINO APPLICANT: CN ACQUISITION SUB, INC. Application for Limited Gaming Sports Pool business license for CN Acquisition Sub, Inc., dbat My Casino, 920 South Boulder Highway, Henderson, Nevada 89015. Henderson City Council Regular Meeting Page 17 of 33 June 5, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Limited Gaming Sports Pool business license for CN Acquisition Sub, Inc., dbat My Casino, 920 South Boulder Highway, Henderson, Nevada 89015, pending State Gaming approval. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-32 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE FAMILY MART APPLICANT: JYOTI Application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Jyoti, dba Family Mart, 21 West Army Street, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Jyoti, dba Family Mart, 21 West Army Street, Henderson, Nevada 89015, pending proof of registration with the Nevada Department of Taxation, 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-33 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE AND OFF-SALE VALLEY CHEESE AND WINE APPLICANT: VALLEY CHEESE AND WINE, LLC Application for Beer, Wine, and Spirit-Based Products On-Sale and Off-Sale business license for Valley Cheese and Wine, LLC, dba Valley Cheese and Wine, 1570 Horizon Ridge Avenue, Suite 140, Henderson, Nevada 89012. (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale and Off-Sale business license for Valley Cheese and Wine, LLC, dba Valley Cheese and Wine, 1570 Horizon Ridge Avenue, Suite 140, Henderson, Nevada 89012, pending 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. Henderson City Council Regular Meeting Page 18 of 33 June 5, 2012 – Minutes CA-34 VACATION VAC-12-500099 WATER STREET PLAZA APPLICANT: VTN NEVADA, ECONOMIC DEVELOPMENT/REDEVELOPMENT Petition to vacate a portion of the Henderson Townsite Alley 14 in the Southeast Quarter of Section 18, Township 22 South, Range 63 East, M.D.M. in the Downtown Redevelopment and Townsite Planning Areas. (Motion) Councilwoman Debra March moved to approve VAC-12-500099, a petition to vacate a portion of the Henderson Townsite Alley 14 in the Southeast Quarter of Section 18, Township 22 South, Range 63 East, M.D.M. in the Downtown Redevelopment and Townsite Planning Areas, subject to the following: 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. Certification by the City Surveyor. 3. Reserve easements to Cox Communications, CenturyLink and NV Energy. 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 19 of 33 June 5, 2012 – Minutes CA-35 ZONE CHANGE ZCO-04-670040-A2 CONDITIONAL USE PERMIT CUP-12-500089 STEPHANIE BELTWAY PLAZA - OLD SCHOOL BREWING CO. APPLICANT: OLD SCHOOL BREWING COMPANY A) Amend a previously approved zone change to review revised architecture; and B) Allow a Brew Pub and a waiver to reduce the required separation from a tavern; at 19 South Stephanie Street, Suite 100, in the Green Valley Ranch Planning Area. (Motion) Councilwoman Debra March moved to A) amend a previously approved zone change to review revised architecture; and B) allow a Brew Pub and a waiver to reduce the required separation from a tavern; at 19 South Stephanie Street, Suite 100, in the Green Valley Ranch Planning Area, subject to findings of fact, conditions, and waivers. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. Henderson City Council Regular Meeting Page 20 of 33 June 5, 2012 – Minutes 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. Applicant shall submit a drainage study for Public Works' approval. 3. Driveways shall be constructed per Clark County Area Standard Drawing Nos. 226.1 and 226.2. 4. Applicant shall obtain all necessary NDOT approvals. 5. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate all necessary right-of-way. 6. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. DEPARTMENT OF UTILITY SERVICES CONDITIONS 7. Applicant shall submit a utility plan and a utility analysis for Utilities' approval. 8. Applicant shall comply with the requirements of the master utility plan established for the project location. 9. Applicant shall construct a full-frontage water main extension along Paseo Verde Parkway. 10. Applicant shall participate in the Southwest Henderson Refunding Agreement for sewer & water. 11. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 12. Civil improvement plans shall comply with the requirements of the Uniform Design and Construction Standards for Water Distribution Systems and the Design and Construction Standards for Wastewater Collection Systems. 13. Applicant shall provide vehicular access to existing sewer main located on the south side of I-215. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. Henderson City Council Regular Meeting Page 21 of 33 June 5, 2012 – Minutes 14. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. The grain silos shall not obstruct the existing fire apparatus access roadways. 15. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. The grain silos shall not obstruct the existing fire apparatus access roadways. 16. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational prior to starting construction or moving combustibles on site. 17. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 18. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 19. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 20. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 21. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 22. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 23. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 24. 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. 25. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. Henderson City Council Regular Meeting Page 22 of 33 June 5, 2012 – Minutes 26. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 27. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 28. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 29. Architecture is approved for the gym, retail 1 and 2, and in-line 1-5. Architecture for pads A and B shall require approval of a design review and use permits, if required. 30. Applicant shall comply with all conditions of approval for ZCA-11-500122- A1 (Z-2-00) and related amendments thereto. (A1) 31. This approval does not endorse signage shown with this application. Signage shall be reviewed and approved separately. 32. Applicant shall amend the site plan approvals if code required parking is not approved on the property to the south within 12 months. 33. Raised walkways shall be provided from the parcel to the south to the subject parcel at a number deemed acceptable by the City. 34. All parking spaces required by Section 19.7.4 (and relevant subsections of 19.5) of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. (A1) PARKS AND RECREATION DEPARTMENT CONDITION 35. Applicant shall provide a 30-foot trail corridor with a 12-foot asphalt trail and lighting with appropriate landscaping along I-215. Applicant shall maintain all landscaping adjacent to the trail corridor, and applicant shall obtain Parks Department written approval prior to civil plans approval. WAIVERS a. Allow a 10-foot landscape buffer along I-215 where 25 feet is required. b. Reduce the number of required parking spaces from 523 to 438. Henderson City Council Regular Meeting Page 23 of 33 June 5, 2012 – Minutes CUP-12-500089 FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. FIRE DEPARTMENT CONDITION The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 2. The grain silos shall not obstruct the existing fire apparatus access roadways. 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. Henderson City Council Regular Meeting Page 24 of 33 June 5, 2012 – Minutes 4. This conditional use permit for a Brew Pub and a waiver for reduction in the separation from two taverns shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 5. All grading and construction/staging activity must remain completely on-site, or will require the approval of any and all affected adjacent property owner(s). 6. Applicant shall comply with all conditions of approval for ZCO-04-670040 and any amendments thereto. 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-36 PUBLIC HEARING MEMORANDUM OF AGREEMENT TEAMSTERS CLERICAL TECHNICAL TEAMSTERS BLUE COLLAR TEAMSTERS SUPERVISORY CONTRACTS DEPARTMENT OF HUMAN RESOURCES Two (2) Year Extension of the 2008-2012 Collective Bargaining Agreements per Memorandum of Agreement for Teamsters Clerical Technical, Teamsters Blue Collar, and Teamsters Supervisory Bargaining Units resulting in a cost savings of $2,372,950.00 over two (2) years through the deferral of the contractually required 1.25% base wage increase due June 25, 2012, and the requirement to bank all holidays that fall on a normal day off for future time off with pay. Mayor Hafen opened the public hearing at 7:14 p.m., asking if there was anyone present wishing to speak for or against this item. Fred Horvath, Human Resources Director, reported that the Teamsters Local 14 contract was ratified for three collective bargaining units: clerical/technical, blue collar, and supervisors. He said merit increases will be frozen for non- represented employees for the next two years, producing a savings of $2.8 million. The City of Henderson employees represented by Teamsters Local 14 ratified an extension of their current agreement, producing a savings of $2.3 million. Mr. Horvath explained that a second piece of the savings is a mandatory banked holidays, which will save approximately $600,000.00 in payroll expenses. There being no one else wishing to speak, the public hearing was closed at 7:18 p.m. Henderson City Council Regular Meeting Page 25 of 33 June 5, 2012 – Minutes The Mayor and Council individually thanked Mr. Horvath, staff, and the employees for working together during these challenging economic times. Mr. Horvath thanked Larry Griffith, Teamsters Local 14 Business Agent, and Pat Smith, Chief Shop Steward, for their leadership during the negotiation process. Mayor Hafen commented that Henderson is fortunate to not experience the controversy that is occurring in other local jurisdictions with their bargaining units. He thanked everyone for their support. Responding to questions by Councilman Bateman regarding other bargaining units, Mr. Horvath said all bargaining units will be meeting in the spring of 2014 to negotiate all provisions of the entire agreement. He noted that staff has a ratified agreement with similar two-percent concessions with the firefighters. Staff also has reached a tentative agreement with the police supervisors and is continuing discussions with the police officers association. Mr. Horvath said the City has not given any employees a base wage increase since July of 2009. Mr. Bateman commented that there are issues regarding cost of living (COLA) increases creating a concentration of topped-out employees. He asked if staff intends to conduct a class and compensation study to determine whether existing pay ranges are appropriate in light of the market. Mr. Horvath reported that the executive compensation committee began the process to conduct a comprehensive class and compensation study and will make recommendations to the City Manager and Council. For the non-represented group, the committee will assess the market place regarding compensation and benefit structures. He noted that this work will lay a foundation to conduct an analysis relative to the market with all of the bargaining units in 2014. Councilman Bateman said he supports the right to collectively bargain under Nevada Revised Statute 288 for public employees; however, he believes that the days of automatic five-percent step increases and COLA increases are gone for the foreseeable future. He believes the City should put a merit type system in place that rewards employees for hard work. He thinks it will be a difficult challenge talking to the bargaining groups about changing the process. Councilman Marz stated it is important that the citizens of the city understand that the employees have put aside their own interest for the good of the whole. He applauded staff and the employees for their cooperation and sacrifices. Henderson City Council Regular Meeting Page 26 of 33 June 5, 2012 – Minutes (Motion) Mayor Andy Hafen moved to approve the two (2) Year Extension of the 2008-2012 Collective Bargaining Agreements per Memorandum of Agreement for Teamsters Clerical Technical, Teamsters Blue Collar, and Teamsters Supervisory Bargaining Units resulting in a cost savings of $2,372,950.00 over two (2) years through the deferral of the contractually required 1.25% base wage increase due June 25, 2012, and the requirement to bank all holidays that fall on a normal day off for future time off with pay. 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. VIII. PUBLIC COMMENT Michael Sams, 1909 Evelyn Street, read Section 9 of the Nevada Bill of Rights Constitution, Liberty of Speech and Press; and NRS 203.040, Publishing matter inciting breach of peace or other crimes. He stated that he will attend the next Council meeting to read a prepared speech, state facts and truths, and then have the City publish it. IX. UNFINISHED BUSINESS UB-37 RESOLUTION SUPPORT FOR DEVELOPMENT OF NEVADA’S CLEAN ENERGY ECONOMY COMMUNITY DEVELOPMENT/ECONOMIC DEVELOPMENT/REDEVELOPMENT Mayor Hafen introduced Resolution No. 4042 and City Manager Snow read the Resolution by Title: 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. Stephanie Garcia-Vause, Director of Community Development, reviewed a memorandum outlining the following clean energy revisions to this resolution: Whereas No. 2, clarification of the requirements contained in the state’s Renewable Energy Portfolio Standard (RPS). Whereas No. 3 in the original document was deleted due to confusing language, so Whereas No. 2 was modified to convey the same idea with more clarity. Whereas No. 9, modification of the language used to describe the benefits of energy efficiency measures in more general terms. The original language referred to specific benefits that are likely to vary as conditions change over time. Declarative statements one and two after the “Now, Therefore, Be It Resolved”, have been reversed from their original order and slightly modified for clarity and grammar. Henderson City Council Regular Meeting Page 27 of 33 June 5, 2012 – Minutes Councilman Marz commented that he opposes this resolution because he thinks the state legislature is shortsighted, in today’s economy, by mandating NV Energy to have 20 percent of their power come from renewable energy. He stated that the cost of those energy sources in two or three years are unknown; however, if everything stays the same as today, the citizens and businesses of Henderson will be paying more money for their power. He noted that he would support a responsible policy that lets the control be more in the hands of the public than of policy and decision makers in Carson City. Mayor Hafen stated that he understands Councilman Marz’s argument, and he would love to see voluntary compliance language. He thinks there should be guidelines in place to help wean ourselves from fossil fuels. Mayor Hafen said this is not a perfect situation, but he feels the right direction would be to support the resolution and continue to explore ways of using more clean energy. Councilwoman March commented that costs of some technology seem to decrease as technology changes. She suggested everyone think about other things to do in terms of consumption to keep costs lower. (Motion) Mayor Andy Hafen moved to adopt as Resolution No. 4042 as amended. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, Gerri Schroder. Those voting nay: John F. Marz. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-38 BILL NO. 2672 GENERAL OBLIGATION SEWER REFUNDING BONDS SERIES 2012A FINANCE DEPARTMENT Mayor Hafen introduced Bill No. 2672 and City Manager Calhoun read the Bill by title: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ITS GENERAL OBLIGATION (LIMITED TAX) SEWER REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2012A, FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING BONDS OF THE CITY; PROVIDING FOR THE FORM, TERMS, CONDITIONS AND SALE OF SUCH BONDS; AND PROVIDING OTHER MATTERS RELATING THERETO. LaMonica Harris, 10250 Spencer Street, Apt. 1054, Las Vegas, stated that she is claiming this bond, that this is coming from the Lord, and it belongs to her. In March she was supposed to start taking care of the community and taking care of the people. She said the Lord tells her what to do and she does it. Henderson City Council Regular Meeting Page 28 of 33 June 5, 2012 – Minutes Richard Derrick, Finance Director, explained that this ordinance refers to restructuring of debts. The City has some existing bonds that will be refinanced, which will save approximately $4 million over the life of the bonds. Responding to a comment by Councilwoman Schroder that this is not a check that the City of Henderson is receiving, this is savings money, Mr. Derrick concurred. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2672 as Ordinance No. 2966. 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-39 FINANCIAL UPDATE FINANCE DEPARTMENT Presentation and update by the Finance Department on the current financial position of the City. Richard Derrick, Finance Director, reported that the consolidated tax revenue totaled $7.2 million. The largest increases in taxable sales collections were in the areas of motor vehicle and parts dealers, clothing and clothing accessory stores, and food and beverage stores. He noted that these increases were partially offset by a decline in construction spending. Regarding efforts to revise the consolidated tax formula, Mr. Derrick said staff continues to meet weekly with other jurisdictions across the state to create a common platform of recommended revisions to the consolidated tax formula. He commented that staff has received positive feedback from some of the interim committee members related to the outreach efforts. He noted that staff is very encouraged by the level of cooperation we received from the other jurisdictions. LaMonica Harris, 10250 Spencer Street, Apt. 1054, Las Vegas, stated that she is here to claim her position for the City of Henderson that is coming from the Lord. She said when she looked at this item on the computer, it was about a position. Mayor Hafen clarified that this item is a financial report and not a job listing. Henderson City Council Regular Meeting Page 29 of 33 June 5, 2012 – Minutes Councilwoman March commented that the municipalities working together is very proactive and important to ensure that jurisdictions are providing direction to the legislature verses reacting to what the legislature has to offer. (Motion) Councilwoman Debra March moved to accept the presentation and update by the Finance Department on the current financial position of the City. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-40 FOREGO SALARY INCREASE MAYOR AND CITY COUNCIL DEPARTMENT OF HUMAN RESOURCES Request for the Mayor and City Council to forego their eligible pay increase of 2.7 percent based on the Consumer Price Index (CPI) and per Henderson Municipal Code, due to current economic challenges. Councilwoman Schroder stated that since the Council is asking employees to forego their increases, it is appropriate for the Council to do the same. (Motion) Mayor Andy Hafen moved to approve the request for the Mayor and City Council to forego their eligible pay increase of 2.7 percent based on the Consumer Price Index (CPI) and per Henderson Municipal Code, due to current economic challenges. 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-41 RESTRUCTURING OF THE PUBLIC WORKS DEPARTMENT DEPARTMENT OF HUMAN RESOURCES Restructuring of the Engineering Services Fund and its impact on the Public Works Department and the associated reduction in force. Mayor Hafen abstained from voting on this item because his brother-in-law is affected by this action. Henderson City Council Regular Meeting Page 30 of 33 June 5, 2012 – Minutes Fred Horvath, Human Resources Director, said 31 employees are being impacted by restructuring the engineering services fund within the Public Works Department. There are 14 employees represented by Teamsters Local 14 and 17 non-represented employees. He expressed his appreciation for the efforts of Bob Murnane, Public Works Director, and his staff. Mr. Horvath stated that per the City Civil Service Rules and the collective bargaining agreement, he needs the Council’s authorization to go forward with the reduction in force. He said staff is continuing to work through this process and is cautiously optimistic they will avoid involuntary layoffs. He will give a report on the results of this action in July. (Motion) Councilman Sam Bateman moved to approve the restructuring of the Engineering Services Fund and its impact on the Public Works Department and the associated reduction in force. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: Andy Hafen. Mayor Pro Tem March declared the motion carried. NB-42 ACCOMPANYING BILL NO. 2673 FOR CA-35 ZCO-04-670040-A2 STEPHANIE BELTWAY PLAZA - OLD SCHOOL BREWING CO. APPLICANT: COMMUNITY DEVELOPMENT, OLD SCHOOL BREWING COMPANY Mayor Hafen introduced Bill No. 2673 and City Manager Snow read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHWEST CORNER OF I-215 AND STEPHANIE STREET TO MAKE MINOR MODIFICATIONS TO THE ARCHITECTURE ON AN EXISTING BUILDING AT 19 SOUTH STEPHANIE STREET, SUITE 100., AND OTHER MATTERS RELATING THERETO. (Motion) Councilman Sam Bateman moved to refer Bill No. 2673 to the Committee meeting of June 19, 2012, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 31 of 33 June 5, 2012 – Minutes NB-43 BILL NO. 2674 STANDARDS FOR ETHICAL BEHAVIOR CITY ATTORNEY'S OFFICE Mayor Hafen introduced Bill No. 2674 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, REPLACING CHAPTER 2.40 OF THE HENDERSON MUNICIPAL CODE BY ADOPTING THIS ORDINANCE THAT OUTLINES THE STANDARDS FOR ETHICAL BEHAVIOR FOR PUBLIC SERVANTS IN THE CITY; AND FOR PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. Josh Reid, City Attorney, explained that the state legislature has granted the authority for municipalities to create their own ethics codes. Staff reviewed ethics ordinances from other jurisdictions across the country to draft this proposed ordinance. Mr. Reid highlighted areas of the ordinances and noted that it also provides for ethics orientation and training. Responding to a comment by Mayor Hafen that this ordinance should be available for the public to review, it was noted that ordinance was published in the Las Vegas Review Journal and is available in the City Clerk’s Office. Councilwoman March asked if the ordinance will be made available for City employees to read. Jacob L. Snow, City Manager, replied that this topic will be discussed at the executive team committee meeting tomorrow morning. Mayor Hafen commented that he wants as much information out as possible prior to the June 19, 2012, Council meeting. (Motion) Mayor Andy Hafen moved to refer Bill No. 2674 to the Committee meeting of June 19, 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 32 of 33 June 5, 2012 – Minutes NB-44 BILL NO. 2675 AMEND HMC CHAPTER 4.05 BUSINESS LICENSE FEE SCHEDULES BUSINESS LICENSE Mayor Hafen introduced Bill No. 2675 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND HENDERSON MUNCIPAL CODE CHAPTER 4.05, BUSINESS LICENSE FEE SCHEDULES, SETTING HOURS FOR NEW CAR DEALERSHIPS TO BE CLOSED. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2675 to the Committee Meeting of June 19, 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. XI. MAYOR\COUNCILMEMBER COMMENTS Councilwoman Schroder noted that this past week the Governor’s Workforce Investment Board appointed her to the Mining and Manufacturing Sector Council. XII. SET MEETING The Committee Meeting for June 19, 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 8:07 p.m. PASSED AND ADOPTED THIS 19th DAY OF JUNE, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk Henderson City Council Regular Meeting Page 33 of 33 June 5, 2012 – Minutes