City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, July 3, 2012 I. CALL TO ORDER xMayor called the Regular Meeting to order at xStartTime , in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. Mayor Pro Tem March introduced Heidi Chui and ??? from the Summer Business Institute; and Brian Scroggs, representing the Nevada Labor Relations Board. 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. xRollCall III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by _____________ and was followed by the Pledge of Allegiance. Mayor Hafen recognized Boy Scout Troop No. 10. IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Gerri Schroder moved to accept the agenda as amended. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-30, which is the appointment to the bus shelter and advisory committee, the term for expiration of that appointment should be to expire December 31, 2012, not July 2, 2013. Henderson City Council Regular Meeting Page 2 of 38 Tuesday, July 3, 2012 - Minutes V. PRESENTATIONS PR-1 PROCLAMATION FLASH FLOOD AWARENESS MONTH COMMUNICATIONS AND COUNCIL SUPPORT Proclaim the month of July 2012, as Flash Flood Awareness Month. (Action)City Manager Snow read the proclamation declaring the month of July 2012 as Flash Flood Awareness Month, which was presented to Gale Fraser, General Manager and Chief Engineer of the Regional Flood Control District, by the Mayor Pro-Tem and City Council. VI. CONSENT AGENDA (Motion) Councilwoman Gerri Schroder moved to approve the Consent Agenda as presented. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS JUNE 19, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of June 19, 2012. (Motion) Councilwoman Gerri Schroder moved to adopt the City Council Committee and Regular Meeting minutes of June 19, 2012. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 3 of 38 Tuesday, July 3, 2012 - Minutes CA-3 INTERLOCAL AGREEMENT SHARED COMPUTER OPERATIONS FOR PROTECTION & ENFORCEMENT (SCOPE) PROJECT CMTS NO. 211-13-2101-SCOPE REPLACEMENT POLICE DEPARTMENT Interlocal Agreement between the City of Henderson, the Las Vegas Metropolitan Police Department, the County of Clark, the City of Las Vegas, and the City of North Las Vegas for funding the replacement of the Shared Computer Operations for Protection & Enforcement (SCOPE) System, Phases 0 to 3, in the amount of $147,232.00. (Motion) Councilwoman Gerri Schroder moved to approve the Interlocal Agreement between the City of Henderson, the Las Vegas Metropolitan Police Department, the County of Clark, the City of Las Vegas, and the City of North Las Vegas for the funding the replacement of the Shared Computer Operations for Protection & Enforcement (SCOPE) System, Phases 0 to 3, in the amount of $147,232.00. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-4 AMENDMENT NO. 1 PROFESSIONAL DESIGN SERVICES AGREEMENT WHITNEY MESA RECREATION AREA AND WHITNEY WASH CHANNEL PROJECT NINYO & MOORE CMTS NO. 131-11-PR-168-005 PUBLIC WORKS DEPARTMENT Amendment No. 1 to the Professional Design Services Agreement between the City of Henderson and Ninyo & Moore for the Whitney Mesa Recreation Area and Whitney Wash Channel Project, in the total amount of $27,500.00. (Motion) Councilwoman Gerri Schroder moved to approve Amendment No. 1 to the Professional Design Services Agreement between the City of Henderson and Ninyo & Moore for the Whitney Mesa Recreation Area and Whitney Wash Channel Project, in the total amount of $27,500.00. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 4 of 38 Tuesday, July 3, 2012 - Minutes CA-5 THIRD AMENDMENT COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING FOR NEVADA AGREEMENT CMTS NO. 132-10-$333,000-HFN AMEND NEIGHBORHOOD SERVICES Third Amendment to the November 17, 2009, agreement between the City of Henderson and Housing For Nevada, for the use of Community Development Block Grant (CDBG) Neighborhood Stabilization Program 1 (NSP1) funds, increasing funding by $162,000.00, providing for a total funding amount of $1,385,000.00, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Gerri Schroder moved to approve the Third Amendment to the November 17, 2009, Agreement between the City of Henderson and Housing For Nevada, for the use of Community Development Block Grant Neighborhood Stabilization Program 1 funds, to increase funding by $162,000.00, providing for a total funding amount of $1,385,000.00, and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 FIRST AMENDMENT NEIGHBORHOOD STABILIZATION PROGRAM 3 FUNDING HENDERSON ALLIED COMMUNITY ADVOCATES CMTS NO. 132-11-250,000-HACA NSP3 NEIGHBORHOOD SERVICES First Amendment to the June 14, 2011, agreement between the City of Henderson (City) and Henderson Allied Community Advocates (HACA), to clarify the amount of Neighborhood Stabilization Program 3 (NSP3) funding to be recaptured by the City if the acquired properties are sold within the fifteen (15) year Period of Affordability and allocate up to 10% of the total funding amount to be used for eligible HACA administrative costs. (Motion) Councilwoman Gerri Schroder moved to approve the First Amendment to the June 14, 2011, Agreement between the City of Henderson and Henderson Allied Community Advocates (HACA), to clarify the amount of Neighborhood Stabilization Program 3 (NSP3) funding to be recaptured by the City if the Henderson City Council Regular Meeting Page 5 of 38 Tuesday, July 3, 2012 - Minutes acquired properties are sold within the 15 year Period of Affordability and allocate up to 10% of the total funding amount to be used for eligible HACA administrative costs. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 SECOND AMENDMENT NEIGHBORHOOD STABILIZATION PROGRAM 1 FUNDING HENDERSON ALLIED COMMUNITY ADVOCATES CMTS NO. 132-11-330,000-HACA NEIGHBORHOOD SERVICES Second Amendment to the July 8, 2010, agreement between the City of Henderson (City) and Henderson Allied Community Advocates (HACA), to clarify the amount of Neighborhood Stabilization Program 1 (NSP1) funding to be recaptured by the City if the acquired properties are sold within the fifteen (15) year Period of Affordability. (Motion) Councilwoman Gerri Schroder moved to approve the Second Amendment to the July 8, 2010, Agreement between the City of Henderson (City) and Henderson Allied Community Advocates (HACA) to clarify the amount of Neighborhood Stabilization Program 1 (NSP1) funding to be recaptured by the City if the acquired properties are sold within the fifteen (15) year Period of Affordability. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 AWARD IFB 113-12 POWERED AMBULANCE COTS AND ACCESSORIES CMTS NO. 133-13-01 FIRE DEPARTMENT Invitation for Bids (IFB) 113-12 "Powered Ambulance Cots and Accessories", to be awarded to Stryker EMS for the estimated amount of $106,970.00, and $24,858.00 for the Complete Service Program extended warranty, and authorize the City Manager to execute the contract, amendments and renewals. (Motion) Councilwoman Gerri Schroder moved to award Invitation for Bids (IFB) 113-12 Henderson City Council Regular Meeting Page 6 of 38 Tuesday, July 3, 2012 - Minutes "Powered Ambulance Cots and Accessories" to Stryker EMS for the estimated amount of $102,578.40, and authorize the City Manager to execute the contract, amendments and renewals. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 AWARD CONTRACT AND APPROVE BUDGET AUGMENTATION WILDHORSE GOLF CLUB FAIRWAY 17 DRAINAGE IMPROVEMENTS CMTS NO. 131-11-PR-345-001 PUBLIC WORKS DEPARTMENT / PARKS AND RECREATION Contract No. 131-11-PR-345-001, Wildhorse Golf Club Fairway 17 Drainage Improvements, to be awarded to Tand Inc., in the amount of $357,919.00 and augment the project budget to include the $30,000.00 in Construction Engineering fees and authorize the City Manager to execute the contract for the City. (Motion) Councilwoman Gerri Schroder moved to award Contract No. 131-11-PR-345- 001, Wildhorse Golf Club Fairway 17 Drainage Improvements to Tand Inc., in the amount of $357,919.00, augment the project budget to include the $30,000.00 in Construction Engineering fees and authorize the City Manager to execute the contract for the City. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 ESTABLISH BUDGET TRAFFIC SIGNAL IMPROVEMENTS ST. ROSE PARKWAY AND MARYLAND PARKWAY CMTS NO. 131-09-TC-045-001 PUBLIC WORKS DEPARTMENT Establish estimated construction budget for traffic signal improvements at the intersection of St. Rose Parkway and Maryland Parkway, in the amount of $107,518.08. (Motion) Councilwoman Gerri Schroder moved to approve the estimated construction budget for traffic signal improvements at the intersection of St. Rose Parkway Henderson City Council Regular Meeting Page 7 of 38 Tuesday, July 3, 2012 - Minutes and Maryland Parkway, in the amount of $107,518.08. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 FINANCIAL MANAGEMENT POLICY STATEMENTS FINANCE DEPARTMENT Annual review of Financial Management Policy Statements dated July 3, 2012. (Motion) Councilwoman Gerri Schroder moved to accept the Financial Management Policy Statements dated July 3, 2012. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 PURCHASE WORKERS’ COMPENSATION EXCESS INSURANCE SAFETY NATIONAL CASUALTY CORPORATION CMTS NO. 137-061412 DEPARTMENT OF HUMAN RESOURCES Purchase of workers’ compensation excess insurance from Safety National Casualty Corporation for the 12-month period of July 1, 2012, to June 30, 2013, for a premium of $239,674.00. (Motion) Councilwoman Gerri Schroder moved to approve the purchase of workers’ compensation excess insurance from Safety National Casualty Corporation for the 12-month period of July 1, 2012, to June 30, 2013, for a premium of $239,674.00. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 8 of 38 Tuesday, July 3, 2012 - Minutes CA-13 JOB DESCRIPTIONS AND WAGE ASSIGNMENTS MAINTENANCE SYSTEM COORDINATOR SENIOR CONSTRUCTION PROJECT COORDINATOR CONSTRUCTION PROJECT COORDINATOR DEPARTMENT OF HUMAN RESOURCES Job description for Maintenance System Coordinator and assignment to wage range Professional 100, $57,855.501 minimum to $91,136.586 maximum/year; job description for Senior Construction Project Coordinator and assignment to wage range Professional 300, $65,744.292 minimum to $103,563.383 maximum/year; and revised job description for Construction Project Coordinator. (Motion) Councilwoman Gerri Schroder moved to approve the job description for Maintenance System Coordinator and assignment to wage range Professional 100, $57,855.501 minimum to $91,136.586 maximum/year; the job description for Senior Construction Project Coordinator and assignment to wage range Professional 300, $65,744.292 minimum to $103,563.383 maximum/year; and the revised job description for Construction Project Coordinator. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 AMEND STAFF COMPLEMENT MULTIPLE POSITIONS REORGANIZATION OF THE PUBLIC WORKS DEPARTMENT DEPARTMENT OF HUMAN RESOURCES Reorganization of the Public Works Department by amending the staff complement for multiple positions resulting in $2,353,517.00 in savings for Fiscal Year 2012/2013. (Motion) Councilwoman Gerri Schroder moved to approve the reorganization of the Public Works Department by amending the staff complement for multiple positions resulting in a $2,353,517.00 savings for Fiscal Year 2012/2013. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 9 of 38 Tuesday, July 3, 2012 - Minutes CA-15 CONTINUED SUPPORT OF RESOLUTION NO. 3995 CHARITABLE ASSISTANCE GUIDELINES FISCAL YEAR 2012-2013 CITY MANAGER'S OFFICE Continued support of Resolution No. 3995 authorizing departments to expend up to $2,500.00 per fiscal year in goods, staff resources, and payments or discounts on use fees to organizations as defined in NRS 372.3261. (Motion) Councilwoman Gerri Schroder moved to approve the continued support of Resolution No. 3995 authorizing departments to expend up to $2,500.00 per fiscal year in goods, staff resources, and payments or discounts on use fees to organizations as defined in NRS 372.3261. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-16 RIGHT-OF-WAY ROW-022-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-022-12, for a driveway along Mission Drive in the Northwest Quarter of Section 32, Township 22 South, Range 63 East, M.D.M., generally located southeast of Greenway Road and Mission Drive, in the Paradise Hills Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept right-of-way ROW-022-12, for a driveway along Mission Drive in the Northwest Quarter of Section 32, Township 22 South, Range 63 East, M.D.M., generally located southeast of Greenway Road and Mission Drive, in the Paradise Hills Planning Area, subject to 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. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 38 Tuesday, July 3, 2012 - Minutes CA-17 RIGHT-OF-WAY ROW-023-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-023-12, for a driveway along Greenway Road in the Northwest Quarter of Section 32, Township 22 South, Range 63 East, M.D.M., generally located southeast of Greenway Road and Mission Drive, in the Paradise Hills Planning Area. 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. (Motion) Councilwoman Gerri Schroder moved to accept right-of-way ROW-023-12, for a driveway along Greenway Road in the Northwest Quarter of Section 32, Township 22 South, Range 63 East, M.D.M., generally located southeast of Greenway Road and Mission Drive, in the Paradise Hills Planning Area, subject to 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. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 RIGHT-OF-WAY ROW-024-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-024-12, for Water Street at Boulder Highway in the Southwest Quarter of Section 7, Township 22 South, Range 63 East, M.D.M. and at Lake Mead Parkway in the Northwest Quarter of Section 18, Township 22 South, Range 63 East, M.D.M., generally located in the Downtown Redevelopment Area and the Townsite Planning Area. 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct theproject referred to in such application or to Henderson City Council Regular Meeting Page 11 of 38 Tuesday, July 3, 2012 - Minutes receive further development approvals, grading permits, or building permits. (Motion) Councilwoman Gerri Schroder moved to accept right-of-way ROW-024-12, for Water Street at Boulder Highway in the Southwest Quarter of Section 7, Township 22 South, Range 63 East, M.D.M. and at Lake Mead Parkway in the Northwest Quarter of Section 18, Township 22 South, Range 63 East, M.D.M., generally located in the Downtown Redevelopment Area and the Townsite Planning Area, subject to 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. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 REAL PROPERTY RP-013-08 PUBLIC WORKS DEPARTMENT Real property RP-013-08, Lot 12 of Block 17 of Henderson Townsite, Book 3, Page 42 of Plats in the Southeast Quarter of Section 18, Township 22 South, Range 63 East, M.D.M., generally located southeast of Water Street and Basic Road, in the Downtown Redevelopment Area and Townsite Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept real property RP-013-08, Lot 12 of Block 17 of Henderson Townsite, Book 3, Page 42 of Plats in the Southeast Quarter of Section 18, Township 22 South, Range 63 East, M.D.M., generally located southeast of Water Street and Basic Road, in the Downtown Redevelopment Area and Townsite Planning Area. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 38 Tuesday, July 3, 2012 - Minutes CA-20 VACATION VAC-12-500132 GALLERIA 95 APPLICANT: CITY OF HENDERSON Petition to vacate a roadway easement in the Southwest Quarter of Section 35, Township 21 South, Range 62 East, M.D.M., generally located northeast of Galleria Drive and Gibson Road, in the Eastside Redevelopment and Midway Planning Areas. (Motion) Councilwoman Gerri Schroder moved to approve with conditions VAC-12- 500132 - Galleria 95, subject to conditions. 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. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 REVOCABLE PERMIT LANTIS FIREWORKS & LASERS CMTS NO. 311-11-0522 PUBLIC WORKS DEPARTMENT Revocable Permit to Lantis Fireworks & Lasers to use vacant, City-owned property adjacent to Mission Hills Park to stage the City-sponsored fireworks display on July 4, 2012. (Motion) Councilwoman Gerri Schroder moved to ratify Revocable Permit to Lantis Fireworks & Lasers to use vacant, City-owned property adjacent to Mission Hills Park to stage the City-sponsored fireworks display on July 4, 2012. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion Henderson City Council Regular Meeting Page 13 of 38 Tuesday, July 3, 2012 - Minutes carried. CA-22 ZONE CHANGE AMENDMENT ZCA-10-660007-A4 CONDITIONAL USE PERMIT CUP-12-500121 CONDITIONAL USE PERMIT CUP-12-500122 BLACK MOUNTAIN COMMUNITY CHURCH AND ACADEMY APPLICANT: BLACK MOUNTAIN COMMUNITY CHURCH A) Amend a zone change with overlay to revise the master plan for Black Mountain Business Park to allow a school as a permitted use in the IG-MP zoning district; B) Religious Assembly (church); and C) School (private); on 3.5 acres located at 980 American Pacific Avenue, Suites 104 and 105, in the Gibson Springs Planning Area. (Motion) Councilwoman Gerri Schroder moved to approve ZCA-10-660007-A4, CUP-12- 500121, CUP-12-500122 - Black Mountain Community Church and Academy, subject to findings of fact, conditions, and a waiver. ZCA-10-660007-A4 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 Henderson City Council Regular Meeting Page 14 of 38 Tuesday, July 3, 2012 - Minutes maximum practical extent. E.••Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F.••The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT 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 construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 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. (A4) 4.••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. (A4) 5.••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. (A4) 6.••Applicant shall comply with all conditions and waivers of approval for Z-30-94 and any amendments thereafter. (A4) WAIVER a.••Allow a private school as a conditional use in an IG district (APN 178-11- 411-026) (A4) Henderson City Council Regular Meeting Page 15 of 38 Tuesday, July 3, 2012 - Minutes CUP-12-500121 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 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 provide cross-access agreements. DEPARTMENT OF UTILITY SERVICES CONDITION 3.••Applicant shall be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services requirements. 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. Henderson City Council Regular Meeting Page 16 of 38 Tuesday, July 3, 2012 - Minutes 4.••Applicant shall obtain a Change of Occupancy permit from the Building Department for assembly and educational uses. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 5.••Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 6.••This conditional use permit shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 7.••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). 8.••Applicant shall comply with conditions of approval for ZCA-10-660007 and any amendments thereto. CUP-12-500122 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. Henderson City Council Regular Meeting Page 17 of 38 Tuesday, July 3, 2012 - Minutes 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. DEPARTMENT OF UTILITY SERVICES CONDITION 2.••Applicant shall be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services requirements. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3.••Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4.••This conditional use permit shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 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 conditions of approval for ZCA-10-660007 and any amendments thereto. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VII. PUBLIC HEARINGS Henderson City Council Regular Meeting Page 18 of 38 Tuesday, July 3, 2012 - Minutes PH-23 COMPREHENSIVE PLAN AMENDMENT CPA-12-500075-PUBLIC HEARING ZONE CHANGE ZCA-12-500076 DESIGN REVIEW DRA-12-500111 TOWN CENTER SENIOR HOUSING APPLICANT: FIRST FEDERAL REALTY A) Amend the Land Use Policy Plan from COM (Commercial) to HDR (High- Density Residential); B) Rezone from CC-AE (Community Commercial with Airport Environs Overlay) to RH-36-AE (High-Density Residential with Airport Environs Overlay) with request for increase in unit density beyond 36 units and a waiver on 4.9 acres; and C) Review of a 252-unit Senior Housing Development with waivers; located north of Olympic Avenue 650 feet east of Green Valley Parkway, in the Green Valley North Planning Area. Tracy Foutz, Deputy Director of Community Development, presented a summary of this item and noted the Planning Commission recommended approval. Tom Amick, 8345 West Sunset Road, representing the applicant, displayed a site plan and aerial view of the area, and stated that these projects are desperately needed across the Las Vegas valley. He noted that no single-family residences will be negatively impacted by this project. Mr. Amick explained that they can provide one space per unit but are requesting parking waiver to accommodate guests. Responding to questions by Councilman Bateman, Mr. Amick explained that if necessary, they will request a crosswalk across Olympic Avenue to provide access for additional parking. Mr. Amick pointed out that public mass transit is available along Sunset Road within a quarter mile of this project. In the event additional transportation is necessary, the applicant will provide scheduled shuttle service to the area amenities and provide transportation to the bus stop. Henderson City Council Regular Meeting Page 19 of 38 Tuesday, July 3, 2012 - Minutes Mayor Pro Tem March opened the public hearing at 7:10 p.m., asking if there was anyone present wishing to speak for or against this item. Jeff Jacquart, 5757 Wayne Newton Blvd., Las Vegas, representing the Clark County Department of Aviation, voiced his opposition to this project because it is not compatible with airport operations. He said the vast majority of the flight pattern is directly over this project, and the tenants will be exposed to airplane traffic noise. Mr. Jacquart noted that there have been safety issues expressed by the Anthem communities due to low flying planes and there may be similar concerns from this project. He said if this project is developed, federal funding is not available to provide sound mitigation measures. Councilwoman Schroder asked how many complaints Mr. Jacquart’s office receives daily and asked if tenants could sign a disclosure notice regarding the opposition from the Clark County Department of Aviation. Mr. Jacquart replied that they do not receive a lot of complaints because residents are aware of the existing flight pattern. He explained that when a noise complaint is filed, their office explains the process of how the project was approved. He said the noise disclosure form is a requirement per code. Mr. Amick said he appreciates Mr. Jacquart’s position and noted that potential tenants will have the opportunity to opt out of their lease within 30 days if the noise is intolerable. He confirmed that tenants will be required to sign the disclosure forms. Responding to a question by Mayor Pro Tem March as to whether the applicant would be willing to post a sign in the leasing office that this area requires noise attenuation and has certain decibel standards, Mr. Amick concurred. There being no one else wishing to speak, the Councilwoman March closed the public hearing at 7:26 p.m. Henderson City Council Regular Meeting Page 20 of 38 Tuesday, July 3, 2012 - Minutes In response to a question by Councilwoman Schroder regarding how the noise is insulated, Eric Strain, representing the applicant, explained that certain materials are used to form an air gap, which, in conjunction with insulation and exterior foam, increases the density level and decibel reduction. Councilman Marz commented that he lives close to this project and believes this whole area is in need of development. This project will benefit the residents in that community and create additional construction jobs. Regarding the airplane noise concerns, Councilman Marz noted that nearby apartment complexes are mostly full so the noise cannot be too intrusive. He said it is important that the applicant provide accessibility for the tenants to shop in the nearby retail stores. Mayor Pro Tem March agreed that this project will benefit the retail operations in the area. She said the applicant has addressed a concern to provide assurances that bus transportation will be made available for the tenants, and to construct a cross easement to provide adequate parking for tenants and guests. CPA-12-500075 FINDINGS OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character, or condition of the area so as to make the proposed amendment necessary. ZCA-12-500076 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 Henderson City Council Regular Meeting Page 21 of 38 Tuesday, July 3, 2012 - Minutes standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT 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 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 any necessary right-of-way. DEPARTMENT OF UTILITY SERVICES CONDITIONS 3. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 4. Applicant shall comply with the requirements of the master utility plan established for the project area. 5. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 6. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. 7. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 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 22 of 38 Tuesday, July 3, 2012 - Minutes 8. 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. 9. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 10. 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 in accordance with the 2009 International Fire Code Section 1412 as amended. 11. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 12. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 13. 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. 14. At least one elevator shall be provided for fire department emergency access to all floors and shall be of such size and arrangement to accommodate an ambulance stretcher, (24 inches by 84 inches). COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 15. Clark County Department of Aviation (CCDOA) Conditions: • Applicant must record stand-alone noise disclosure form against land, and provide a copy of the recorded document to the Clark County Department of Aviation (CCDOA). • Applicant must provide a copy of the recorded noise disclosure form to future buyers/renters, separate from other escrow documents, and provide a copy of each signed document to the CCDOA. • Applicant must provide a map to future buyers/renters, as part of the noise disclosure notice that highlights the project location and associated flight tracks provided by the CCDOA when property sales/leases commence. • Incorporate an exterior to interior noise level reduction of 35 decibels into the building construction for habitable space that exceeds 35 feet in height or 25 decibels into the building construction for habitable space that is less than 35 feet in height. • Applicant is advised that the Federal Aviation Administration will no longer approve remedial noise mitigation measures for incompatible development impacted by aircraft operations, which was constructed after October 1, 1998, and funds will not be available in the future should the residents wish to have their buildings purchased or soundproofed. 16. The applicant shall record a deed restriction on property prior to Henderson City Council Regular Meeting Page 23 of 38 Tuesday, July 3, 2012 - Minutes issuance of permits to limit the use to affordable housing for seniors. WAIVERS a. Allow a density bonus of 101 units to a maximum of 252 units total. b. Allow a 4.9-acre RH-36 zoning district. DRA-12-500111 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 and dedicate any necessary right-of-way. 4. Applicant shall obtain all necessary NDOT approvals. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 6. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. 7. Streets shall be privately owned and maintained. 8. Applicant shall provide paved off-street parking. 9. Applicant shall show the limits of the flood zone and submit a letter of map revision to FEMA prior to the Shear and Tie inspection. 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. 10. 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. 11. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 12. 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 in accordance with the 2009 International Fire Code Section 1412 as amended. 13. Projects constructed in phases shall submit a phasing plan describing Henderson City Council Regular Meeting Page 24 of 38 Tuesday, July 3, 2012 - Minutes the fire apparatus access roads and fire hydrant locations relevant to each phase. 14. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 15. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 16. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 17. Applicant shall provide directories at approved locations. The design shall be submitted for review and be approved prior to installation. 18. Applicant shall provide a minimum turning radius of 45 feet outside and 21 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. 19. 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. 20. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 21. 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. 22. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 23. 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. 24. 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. 25. 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 Henderson City Council Regular Meeting Page 25 of 38 Tuesday, July 3, 2012 - Minutes shall not be permitted. 26. 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. 27. 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. 28. Approval of this design review shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.6.6.B of the Development Code. 29. 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. 30. The applicant shall provide recorded cross access agreements between adjacent parcels prior to issuance of building permits. 31. 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). 32. Prior to issuance of a building permit for buildings, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Property Owner's Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). 33. The applicant shall be required to cover at least half of the roof decks. WAIVERS a. Allow 252 parking spaces. b. Allow 50 of the required parking spaces to be compact spaces (8 ½ feet by 19 feet). c. Allow 6 foot landscape buffer along the north property line. d. Allow a building height of 62 feet. e. Allow 42% of the total off-street surface parking to be located between the structure and the street. f. Allow 55,604 square feet of common open space. (Motion) Councilman John F Marz moved to approve CPA-12-500075, ZCA-12-500076, Henderson City Council Regular Meeting Page 26 of 38 Tuesday, July 3, 2012 - Minutes and DRA-12-500111 - Town Center Senior Housing, subject to findings of fact, conditions, and waivers. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-24 ACCOMPANYING RESOLUTION FOR PH-23 CPA-12-500075 TOWN CENTER SENIOR HOUSING APPLICANT: COMMUNITY DEVELOPMENT AND FIRST FEDERAL REALTY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 4.9 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED NORTH OF OLYMPIC AVENUE 650 FEET EAST OF GREEN VALLEY PARKWAY, IN THE GREEN VALLEY NORTH PLANNING AREA, FROM COM (COMMERCIAL) TO HDR (HIGH-DENSITY RESIDENTIAL). See discussion under PH-23. (Motion) Councilman John F Marz moved to adopt Resolution No. 4045 for CPA-12- 500075. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-25 COMPREHENSIVE PLAN AMENDMENT CPA-12-500080-PUBLIC HEARING ZONE CHANGE ZCA-12-500084 CORONADO MULTI-FAMILY APPLICANT: NEVADA WEST PARTNERS II, LLC Henderson City Council Regular Meeting Page 27 of 38 Tuesday, July 3, 2012 - Minutes A) Amend the Land Use Policy Plan from COM (Commercial) to HDR (High- Density Residential); and B) Rezone from CO-PUD (Commercial Office with Planned Unit Development Overlay) to RH-24 (High-Density Residential); on 15.5 acres located at the west corner of Eastern Avenue and Coronado Center Drive, in the Westgate Planning Area. Tracy Foutz, Deputy Director of Community Development, presented a summary of this item and noted that the property is vacant with the exception of an existing cell tower. The cell tower will be addressed during the site plan design review process. He said the Planning Commission recommended approval of both applications. Mayor Pro Tem March opened the public hearing at 7:31 p.m., asking if there was anyone present wishing to speak for or against this item. John Marchiano, 218 Lead Street, representing the applicant, concurred with staff's recommendation and the unanimous recommendation from the Planning Commission. There being no one else wishing to speak, the public hearing was closed at 7:32 p.m. Councilwoman March commented that this is a real appropriate use for this site and having residential use near the fire station and hospital will serve the community. CPA-12-500080 FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of the area, making the proposed amendment necessary. ZCA-12-500084 FINDINGS OF FACT Henderson City Council Regular Meeting Page 28 of 38 Tuesday, July 3, 2012 - Minutes A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT 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 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 any necessary right-of-way. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4. Review and approval of a Design Review application is required prior to submittal of a building permit for development of the site. (Motion) Henderson City Council Regular Meeting Page 29 of 38 Tuesday, July 3, 2012 - Minutes Mayor Pro Tem Debra March moved to approve CPA-12-500080 and ZCA-12- 500084 - Coronado Multi-Family, subject to findings of fact, conditions, and waivers. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-26 ACCOMPANYING RESOLUTION FOR PH-25 CPA-12-500080 CORONADO MULTI-FAMILY APPLICANT: NEVADA WEST PARTNERS II, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 15.5 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 25, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE WEST CORNER OF EASTERN AVENUE AND CORONADO CENTER DRIVE, IN THE WESTGATE PLANNING AREA, FROM COM (COMMERCIAL) TO HDR (HIGH-DENSITY RESIDENTIAL). See discussion under PH-25. (Motion) Mayor Pro Tem Debra March moved to adopt Resolution No. 4046 for CPA-12- 500080. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-27 PUBLIC HEARING MEMORANDUM OF AGREEMENT HENDERSON POLICE SUPERVISORS ASSOCIATION DEPARTMENT OF HUMAN RESOURCES Additional Two (2) Year Extension of the 2008-2011 Collective Bargaining Agreement, per Memorandum of Agreement for Henderson Police Supervisors Association resulting in a cost savings of $478,000.00 over two (2) years Henderson City Council Regular Meeting Page 30 of 38 Tuesday, July 3, 2012 - Minutes through no increase in base wages for the term of the extension, the requirement to bank all holidays that fall on a normal day off for future time with pay, and an annual reduction in the City’s funding for health care benefits. Mayor Pro Tem March opened the public hearing at 7:34 p.m., asking if there was anyone present wishing to speak for or against this item. Fred Horvath, Director of Human Resources, reported that staff approved all of the bargaining units and requested concessions that equaled a two-percent reduction. The agreement with the Henderson Police Supervisors Association (HPSA) was ratified and involves $62,000.00 savings in our cost for medical benefits and mandatory banked holidays, which will save $280,000.00 per year. Mr. Horvath stated that the total savings for the next two years is $478,000.00. There being no one else wishing to speak, the public hearing was closed at 7:37 p.m. Councilman Marz expressed his appreciation to the Police Supervisor’s Association for their willingness to support the City during these difficult financial times. Mayor Pro Tem March commented that the City has been in a very fragile economy that is affecting the state and nation. She stated that City employees have continuously stepped up to be a part of the solution. She also acknowledged the leadership of staff, the HPSA, and all the bargaining units for finding solutions to be a much stronger community. (Motion) Mayor Pro Tem Debra March moved to approve an additional Two (2) Year Extension of the 2008-2011 Collective Bargaining Agreement, per Memorandum of Agreement for Henderson Police Supervisors Association resulting in a cost savings of $478,000.00 over two (2) years through no increase in base wages for the term of the extension, the requirement to bank all holidays that fall on a normal day off for future time with pay, and an annual reduction in the City’s funding for health care benefits. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion Henderson City Council Regular Meeting Page 31 of 38 Tuesday, July 3, 2012 - Minutes carried. PH-28 PUBLIC HEARING MEMORANDUM OF AGREEMENT INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1883 DEPARTMENT OF HUMAN RESOURCES Two (2) Year Extension of the agreement dated 2008-2010; recognizing the changes that were ratified in the current two-year extension due to expire on June 30, 2012, per Memorandum of Agreement for International Association of Fire Fighters Local 1883 resulting in a cost savings of $896,552.00 over two (2) years through no increase in base wages for the term of the extension, a $26.50 per pay period reduction in the City’s contributions to the employee’s Vantage Care Retirement Health Savings Account and a $32.75 per pay period decrease in subsistence allowance, and an annual reduction in the City’s funding for health care benefits. Fred Horvath, Director of Human Resources, reported that the International Association of Fire Fighters (IAFF) Local 1883 reached an agreement on a two- year extension, which was ratified overwhelmingly by the association. He said there is a $305,000 reduction to medical fund contributions; $26.50 per pay period reduction in each individual firefighter’s contribution to their retirement health savings account, and a 50-percent reduction in their clothing allowance. He stated the total savings over the next two years will save the City $895,552.00. Mayor Pro Tem March opened the public hearing at 7:36 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Councilwoman Schroder thanked IAFF for their cooperating, and that she appreciates the relationship the City has with all the bargaining units to openly communicate issues and concerns. Henderson City Council Regular Meeting Page 32 of 38 Tuesday, July 3, 2012 - Minutes Mr. Horvath noted that early today the Henderson Police Officers Association ratified a two-year concession by an eight-to-one margin as well. (Motion) Mayor Pro Tem Debra March moved to approve the two (2) Year Extension of the agreement dated 2008-2010 recognizing the changes that were ratified in the current two-year extension due to expire on June 30, 2012, per Memorandum of Agreement for International Association of Fire Fighters Local 1883 resulting in a cost savings of $896,552.00 over two (2) years through no increase in base wages for the term of the extension, a $26.50 per pay period reduction in the City’s contributions to the employee’s Vantage Care Retirement Health Savings Account and a $32.75 per pay period decrease in subsistence allowance, and an annual reduction in the City’s funding for health care benefits. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VIII. PUBLIC COMMENT 1. Michael Sams, 1909 Evelyn Avenue, voiced a complaint that he was falsely arrested by the Henderson Police Department, and he noted that the police report was not signed or dated by the police officer or a police supervisor. He stated his rights have been violated and asked that this issue be further investigated. 2. LaMonica Harris, 10250 Spencer Street, Apartment 1054, Las Vegas, referred to NB-30 and said she catches the bus and has been trying to get a job. She questioned what was changed on this item. Mayor Pro Tem March replied that the appointment term to expire was changed from July 2, 2013 to December 31, 2012. Ms. Harris also stated that the on June 24, 2012, the Lord told her she was the leader of the City of Henderson. . 3. Jacob Snow, City Manager, announced that he recommends the City Council select Patrick Moers as the new City of Henderson Chief of Police. He believes Henderson City Council Regular Meeting Page 33 of 38 Tuesday, July 3, 2012 - Minutes Interim Chief of Police Moers will be an individual leader who will foster a culture of trust and cooperation with employees of police department, residents, and business owners. Patrick Moers, Interim Chief of Police, thanked the Mayor and City Council for everything they do, and City Manager Snow for entrusting him with the leadership of the Henderson Police Department. He is confident that Henderson has the best police department in the country with hard working and dedicated employees. Interim Chief Moers said he is very humbled and he will do everything in his power to guide the department in a successful path. He said the police department is one of the safest cities in America and will continue to be the example for law enforcement. Councilwoman Schroder congratulated Mr. mothers on the recommendation. IX. NEW BUSINESS NB-29 FINANCIAL UPDATE FINANCE DEPARTMENT Presentation and update by the Finance Department on the current financial position of the City. Connie Kershaw, Accounting Manager, reported that the consolidated tax revenue for April totaled $6.2 million. The largest increases in taxable sales collections were in the areas of motor vehicle and parts dealers, food services and drinking places, and merchant wholesalers. Ms. Kershaw stated that staff continues to hold weekly meetings with jurisdictions from across the state to create a common platform of recommended revisions to the consolidated tax formula. She noted that the interim legislative committee has set a target of August 31, 2012, to conclude their work and allow time to draft legislative changes before the next legislative session begins. Mayor Pro Tem March commented that mayors from across the state are meeting on a regular basis to discuss this issue, and there is agreement that there needs to be some modifications to the formula. (Motion) Henderson City Council Regular Meeting Page 34 of 38 Tuesday, July 3, 2012 - Minutes Councilwoman Gerri Schroder 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: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-30 APPOINTMENT BUS SHELTER AND BENCH ADVISORY COMMITTEE CITY CLERK'S OFFICE One appointment by the Mayor and Council to the Bus Shelter and Bench Advisory Committee, with term to expire July 2, 2013. (Motion) Councilman John F Marz moved to appoint _________________ to the Bus Shelter and Bench Advisory Committee, with term to expire December 31, 2012. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-31 APPOINTMENT (COUNCILMAN BATEMAN) SENIOR CITIZENS ADVISORY COMMISSION CITY CLERK'S OFFICE One appointment by Councilman Bateman to the Senior Citizens Advisory Commission to fill the vacancy left by Robert Beams, with term to expire on June 30, 2015. (Motion) Councilman Sam Bateman moved to appoint ____________ to the Senior Citizens Advisory Commission, with term to expire June 30, 2015. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 35 of 38 Tuesday, July 3, 2012 - Minutes NB-32 RESOLUTION ESTABLISH FUNDING AND BUDGET FOR LAS VEGAS WASH ACTIVITIES FISCAL YEAR 2012/2013 CMTS NO. 124-ILA-08-052008-0948 DEPARTMENT OF UTILITY SERVICES xMayor introduced Resolution No. N < and xManager read the Resolution by title: xMayor introduced Resolution No. N < and xManager read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, REGARDING AN INTERLOCAL AGREEMENT WITH THE CITY OF LAS VEGAS, CLARK COUNTY, CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT, CLARK COUNTY WATER RECLAMATION DISTRICT, AND THE SOUTHERN NEVADA WATER AUTHORITY TO ESTABLISH FUNDING ALLOCATIONS AND THE BUDGET FOR LAS VEGAS WASH ACTIVITIES IN FISCAL YEAR 2012/2013. (Motion) Councilman Sam Bateman moved to adopt Resolution No. 4047. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-33 ACCOMPANYING BILL NO. 2676 FOR PH-23 ZCA-12-500076 TOWN CENTER SENIOR HOUSING APPLICANT: COMMUNITY DEVELOPMENT AND FIRST FEDERAL REALTY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED NORTH OF OLYMPIC AVENUE 650 FEET EAST OF GREEN VALLEY PARKWAY, FROM CC-AE (COMMUNITY COMMERCIAL WITH AIRPORT ENVIRONS OVERLAY) TO RH-36-AE (HIGH-DENSITY RESIDENTIAL WITH AIRPORT ENVIRONS OVERLAY) WITH REQUEST FOR INCREASE IN UNIT DENSITY BEYOND 36 UNITS AND A WAIVER ON 4.9 ACRES, AND OTHER MATTERS RELATING THERETO. Henderson City Council Regular Meeting Page 36 of 38 Tuesday, July 3, 2012 - Minutes (Motion) Mayor Pro Tem Debra March moved to refer Bill No. 2676 to the Committee Meeting of July 17, 2012. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-34 ACCOMPANYING BILL NO. 2677 FOR PH-25 ZCA-12-500084 CORONADO MULTI-FAMILY APPLICANT: NEVADA WEST PARTNERS II, LLC 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 25, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE WEST CORNER OF EASTERN AVENUE AND CORONADO CENTER DRIVE FROM CO-PUD (COMMERCIAL OFFICE WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO RH-24 (HIGH-DENSITY RESIDENTIAL), AND OTHER MATTERS RELATING THERETO. (Motion) Mayor Pro Tem Debra March moved to refer Bill No. 2677 to the Committee Meeting of July 17, 2012. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-35 ACCOMPANYING BILL NO. 2678 FOR CA-22 ZCA-10-660007-A4 BLACK MOUNTAIN COMMUNITY CHURCH AND ACADEMY APPLICANT: BLACK MOUNTAIN COMMUNITY CHURCH 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 11, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT 980 AMERICAN PACIFIC AVENUE, SUITES 104 AND 105, AMENDING A ZONE CHANGE WITH OVERLAY TO REVISE THE MASTER PLAN FOR Henderson City Council Regular Meeting Page 37 of 38 Tuesday, July 3, 2012 - Minutes BLACK MOUNTAIN BUSINESS PARK TO ALLOW A SCHOOL AS A PERMITTED USE IN THE IG-MP ZONING DISTRICT, AND OTHER MATTERS RELATING THERETO. (Motion) Councilman Sam Bateman moved to refer Bill No. 2678 to the Committee Meeting of July 17, 2012. The roll call vote favoring passage was: Those voting aye: Debra March, Sam Bateman, Gerri Schroder, John F Marz. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. X. MAYOR\COUNCILMEMBER COMMENTS Councilwoman Schroder reported that the Workforce Board for the Southern Nevada Workforce Connections has voted to decline the Governor’s proposal for one workforce board joining the south and the north. She explained that representatives in the south feel that if the Governor takes over the board, then the south would not have the ability to get the funding allocated to agencies to create jobs. Mayor Pro Tem March commented that the Regional Development Authority is working to help diversity and strengthen the economy in Southern Nevada and the entire state. XI. SET MEETING The Committee Meeting for (next meeting date) was set for 6:45 p.m. XII. ADJOURNMENT There being no further business to come before the Council, xMayor, in concurrence with the Council, adjourned the Regular Meeting at xEndTime p.m. PASSED AND ADOPTED THIS --- DAY OF ---. ______________________ Andy Hafen Henderson City Council Regular Meeting Page 38 of 38 Tuesday, July 3, 2012 - Minutes Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk