City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING August 21, 2012 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:00 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Jacob Snow, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Robert Herr, Assistant Public Works Director Stephanie Garcia-Vause, Director of Community Development Richard Derrick, Finance Director Jonathon Nunes, Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Father Pat Render, St. Thomas More Catholic Church, and was followed by the Pledge of Allegiance. Mayor Hafen announced that the City Council meetings are being video recorded and streamed live to the Web. Mayor Hafen recognized Boy Scout Troop Nos. 949, 744, and 22. Henderson City Council Regular Meeting Page 2 of 22 August 21, 2012 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Gerri Schroder moved to accept the agenda. 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. V. PRESENTATIONS PR-1 COMMENDATION NECHOLE M. GARCIA COMMUNICATIONS AND COUNCIL SUPPORT Commendation for Nechole M. Garcia for exemplifying organizational excellence while supporting the Henderson City Attorney's Office full-time, and attending UNLV’s William S. Boyd School of Law part-time. (Action) City Attorney Josh Reid read the Commendation for Nechole M. Garcia for exemplifying organizational excellence while supporting the Henderson City Attorney's Office full-time, and attending UNLV’s William S. Boyd School of Law part-time, which was presented to her by the Mayor and Council. VI. CONSENT AGENDA CA-2 MINUTES CITY COUNCIL REGULAR MEETING AUGUST 7, 2012 CITY CLERK'S OFFICE City of Henderson City Council Regular Meeting minutes of August 7, 2012. (Motion) Councilwoman Debra March moved to adopt the City Council Regular Meeting minutes of August 7, 2012. 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 3 of 22 August 21, 2012 – Minutes CA-3 CASH REQUIREMENTS REGISTER JUNE 27, 2012, THROUGH AUGUST 1, 2012 FINANCE DEPARTMENT Cash requirements for the period of June 27, 2012, through August 1, 2012, in the amount of $29,503,013.09. (Motion) Councilwoman Debra March moved to approve the Cash Requirements Register for the period of June 27, 2012, through August 1, 2012, in the amount of $29,503,013.09. 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. CA-4 REGIONAL WATER QUALITY PLAN DEPARTMENT OF UTILITY SERVICES Las Vegas Valley Watershed Advisory Committee's Regional Water Quality Plan. (Motion) Councilwoman Debra March moved to adopt the Las Vegas Valley Watershed Advisory Committee's 2012 Regional Water Quality Plan. 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. CA-5 ANNUAL AGREEMENT RENEWAL COASTAL TRAINING TECHNOLOGIES CORPORATION CMTS NO. 123-12-24 DEPARTMENT OF INFORMATION TECHNOLOGY Renewal of the Online License and Service Agreement with Coastal Training Technologies Corporation for two consecutive one-year renewal periods, beginning August 31, 2012, and continuing through August 30, 2014, with the first-year costs totaling $38,940.00, second-year costs totaling $40,887.00, total cost for the two-year period not to exceed $79,827.00 and authorize the City Manager to execute the Agreement. Henderson City Council Regular Meeting Page 4 of 22 August 21, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the renewal of the Online License and Service Agreement with Coastal Training Technologies Corporation for two consecutive one-year renewal periods, beginning August 31, 2012, and continuing through August 30, 2014, with the first-year costs totaling $38,940.00, second-year costs totaling $40,887.00, total cost for the two-year period not to exceed $79,827.00 and authorize the City Manager to execute the Agreement. 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. CA-6 ANNUAL AGREEMENT RENEWAL ESRI, INC. CMTS NO. 123-12-25 DEPARTMENT OF INFORMATION TECHNOLOGY Annual renewal fee for GIS software licensing, maintenance and support services under Master Agreement #2003MLA3450 with ESRI, Inc., for a three-year period, beginning September 1, 2012, continuing through August 31, 2015, with the first-year costs totaling $68,330.27, second-year costs totaling $77,715.00, third-year costs totaling $81,300.00, with the total cost for three-year period not to exceed $227,345.27 and authorize the City Manager to execute the Agreement. (Motion) Councilwoman Debra March moved to approve the annual renewal of the GIS software licensing maintenance support services under Master Agreement #2003MLA3450 with ESRI, Inc. for a three-year period, beginning September 1, 2012, continuing through August 31, 2015, with the first-year costs totaling $68,330.27, second-year costs totaling $77,715.00, third-year costs totaling $81,300.00, total cost for three-years period not to exceed $227,345.27 and authorize the City Manager to execute the Agreement. 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 5 of 22 August 21, 2012 – Minutes CA-7 ENGINEERING SERVICES AGREEMENT PITTMAN BURNS, SUNSET TO GALLERIA-PHASE I CMTS NO. 131-12-FC-085-001 PUBLIC WORKS DEPARTMENT Engineering Services Agreement with Atkins North America, Inc., for the completion of the final plans and specifications for Pittman Burns, Sunset to Galleria-Phase I, in the amount of $381,543.00, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Debra March moved to approve the Engineering Services Agreement with Atkins North America, Inc., for the completion of the final plans and specifications for Pittman Burns, Sunset to Galleria-Phase I, in the amount of $381,543.00, and authorize the City Manager to execute the agreement for the City. 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. CA-8 FIRST AMENDED AGREEMENT LAS VEGAS WATERSHED ADVISORY COMMITTEE (LVVWAC) DEPARTMENT OF UTILITY SERVICES First Amended Agreement between the City of Henderson, Clark County, the Clark County Regional Flood Control District, the Clark County Water Reclamation District, the City of Las Vegas, the City of North Las Vegas, the Las Vegas Valley Water District, and the Southern Nevada Water Authority regarding the Las Vegas Valley Watershed Advisory Committee continuing to provide a forum to develop a cohesive direction and an integrated approach to addressing water-quality issues in the Las Vegas Valley and Lake Mead. In 2011 the Clean Water Coalition withdrew as a member agency thus requiring an amended agreement. (Motion) Councilwoman Debra March moved to approve the First Amended Agreement between the City of Henderson, Clark County, the Clark County Regional Flood Control District, the Clark County Water Reclamation District, the City of Las Vegas, the City of North Las Vegas, the Las Vegas Valley Water District, and the Southern Nevada Water Authority regarding the Las Vegas Valley Watershed Advisory Committee continuing to provide a forum to develop a cohesive direction and an integrated approach to addressing water-quality issues in the Las Vegas Valley and Lake Mead. In 2011 the Clean Water Coalition withdrew as a member agency thus requiring an amended agreement. Henderson City Council Regular Meeting Page 6 of 22 August 21, 2012 – Minutes 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. CA-9 SECOND AMENDMENT COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM CMTS NO. 132-12-SNRHA-CDBG-NSP1 NEIGHBORHOOD SERVICES Second Amendment to the December 1, 2009, Agreement between the City of Henderson and the Southern Nevada Regional Housing Authority, to apply additional funding in the amount of $155,509.00 towards the Community Development Block Grant - Neighborhood Stabilization Program, in order to acquire, rehabilitate and provide rentals to benefit families below the 50-percent Area Median Income for Fiscal Year 2012-2013. (Motion) Councilwoman Debra March moved to approve the Second Amendment to the December 1, 2009, Agreement between the City of Henderson and the Southern Nevada Regional Housing Authority, to apply additional funding in the amount of $155,509.00 towards the Community Development Block Grant - Neighborhood Stabilization Program, in order to acquire, rehabilitate and provide rentals to benefit families below the 50-percent Area Median Income for Fiscal Year 2012-2013. 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. CA-10 AUTHORIZATION TO NEGOTIATE PROFESSIONAL SERVICES HARRIS AND ASSOCIATES LOCAL IMPROVEMENT DISTRICT (LID) T-18 CMTS NO. 131-12-ES-008 PUBLIC WORKS DEPARTMENT Authorization to negotiate with Harris and Associates for Professional Services for management of Local Improvement District (LID) T-18, Inspirada. (Motion) Councilwoman Debra March moved to authorize staff to negotiate with Harris and Associates for Professional Services for management of Local Improvement District (LID) T-18, Inspirada. Henderson City Council Regular Meeting Page 7 of 22 August 21, 2012 – Minutes 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. CA-11 REJECT ALL BIDS UPRR MP 11.35 CURVE RECONSTRUCTION PROJECT CONTRACT NO. 131-ST-205-001 PUBLIC WORKS DEPARTMENT Reject all bids and authorize staff to rebid Contract No. 131-ST-205-001, UPRR MP 11.35 Curve Reconstruction Project. (Motion) Councilwoman Debra March moved to reject all bids and authorize staff to Rebid Contract No. 131-ST-205-001, UPRR MP 11.35 Curve Reconstruction Project. 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. CA-12 FUNDING CHANGE FOR CONTRACT 131-09-PR-149-002 ST. ROSE PARKWAY TRAIL PHASE II PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Funding change for contract 131-09-PR-149-002, St. Rose Parkway Trail Phase II, between the City of Henderson and CG&B Enterprises, due to expiration of grant funding, in the total amount of $645,784.00 and authorize Parks and Recreation and Public Works to execute the purchase order change and submit payments to CG&B Enterprises. (Motion) Councilwoman Debra March moved to ratify the funding change for contract 131-09-PR-149-002, St Rose Parkway Trail Phase II, between City of Henderson and CG&B Enterprises, due to expiration of grant funding, in the total amount of $645,784.00 and authorize Parks and Recreation and Public Works to execute the purchase order change and submit payments to CG&B Enterprises. 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 8 of 22 August 21, 2012 – Minutes CA-13 EQUIPMENT PURCHASE AND BUDGET ALLOCATION HEWLETT PACKARD CAPITAL EQUIPMENT EQUIPMENT AND PROFESSIONAL SERVICES CMTS NO. 123-12-23 DEPARTMENT OF INFORMATION TECHNOLOGY Budget allocation and equipment purchase of Hewlett Packard capital equipment and professional services for the City of Henderson for the period of July 1, 2012, through June 30, 2017, in an amount not to exceed $660,000.00 over the five-year period. (Motion) Councilwoman Debra March moved to approve the budget allocation and equipment purchase of Hewlett Packard capital equipment and professional services for the City of Henderson for the period of July 1, 2012, through June 30, 2017, in an amount not to exceed $660,000.00 over the five-year period. 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. CA-14 EQUIPMENT PURCHASE AND BUDGET ALLOCATION CISCO CAPITAL EQUIPMENT TELEPHONE HARDWARE, SOFTWARE & SERVICES CMTS NO. 123-12-22 DEPARTMENT OF INFORMATION TECHNOLOGY Budget allocation and equipment purchase for Cisco capital equipment, telephone hardware, software and services for the City of Henderson for the period of September 1, 2012, through June 30, 2017, in an amount not to exceed $1,140,000.00 over the five-year period. (Motion) Councilwoman Debra March moved to approve the Budget allocation and equipment purchase for Cisco capital equipment, telephone hardware, software and services for the City of Henderson for the period of September 1, 2012, through June 30, 2017, the total amount not to exceed $1,140,000.00 over the next five-year period. 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 9 of 22 August 21, 2012 – Minutes CA-15 VEHICLE PURCHASE POLICE MOTORCYCLES CMTS NO. 131-11-SSFL-192 PUBLIC WORKS DEPARTMENT Purchase of six (6) replacement 2012 Harley-Davidson FLHTP Police Motorcycles from Red Rock Harley-Davidson, 2260 S. Rainbow Blvd., Las Vegas, NV 89146, in an amount not to exceed $149,911.08. (Motion) Councilwoman Debra March moved to approve the purchase of six (6) replacement 2012 Harley-Davidson FLHTP Police Motorcycles from Red Rock Harley-Davidson, 2260 S. Rainbow Blvd., Las Vegas, NV 89146, in an amount not to exceed $149,911.08. 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. CA-16 GRANT AWARD 2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) CMTS NO. 133-12-08 FIRE DEPARTMENT Grant award from the State of Nevada Department of Public Safety (DPS) Division of Emergency Management (DEM) Office of Homeland Security (OHS), FFY12 Emergency Management Performance Grant (EMPG) in the amount of $156,633.00, authorize $398,418.99 in matching funds, and authorize expenditure of funds. (Motion) Councilwoman Debra March moved to accept the grant award from the State of Nevada Department of Public Safety (DPS) Division of Emergency Management (DEM) Office of Homeland Security (OHS), FFY12 Emergency Management Performance Grant (EMPG) in the amount of $156,633.00, authorize $398,418.99 in matching funds, and authorize expenditure of funds. 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 10 of 22 August 21, 2012 – Minutes CA-17 GRANT AWARD US DEPARTMENT OF ENERGY HERITAGE PARK FACILITIES SOLAR PHOTOVOLTAIC (PV) PROJECT CMTS NO. 131-13-MF-180-001 PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Grant award from the U.S. Department of Energy in the amount of $500,000.00 requiring matching funds from the City of Henderson in the amount of $500,000.00 for the Heritage Park Facilities Solar Photovoltaic (PV) Project, expiring on March 31, 2013, and approve the associated agreements, change orders and addition to the City Capital Improvement Program. (Motion) Councilwoman Debra March moved to approve the grant award from the U.S. Department of Energy in the amount of $500,000.00 requiring matching funds from the City of Henderson in the amount of $500,000.00 for the Heritage Park Facilities Solar Photovoltaic (PV) Project, expiring on March 31, 2013, and approve the associated agreements, change orders, and addition to the City Capital Improvements Program. 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. CA-18 GRANT AWARD COMMUNITIES PUTTING PREVENTION TO WORK GRANT CMTS NO. 411-11-REC-256 COMMUNITY DEVELOPMENT Grant award between the City of Henderson and the Southern Nevada Health District in support of a Cooperative Contract received from the Centers for Disease Control and Prevention (CDC) under the American Recovery and Reinvestment Act of 2009 to implement the City of Henderson Master Transportation Plan, in the amount of $45,000.00, to expire September 30, 2012. (Motion) Councilwoman Debra March moved to ratify the grant award between the City of Henderson and the Southern Nevada Health District in support of a Cooperative Contract received from Center of Disease Control and Prevention under the American Recovery and Reinvestment Act of 2009 to implement the City of Henderson Master Transportation Plan, in the amount of $45,000.00, to expire September 30, 2012. Henderson City Council Regular Meeting Page 11 of 22 August 21, 2012 – Minutes 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. CA-19 RIGHT-OF-WAY ROW-026-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-026-12, for the amended McCullough Hills Trail alignment in Section 36, Township 22 South, Range 62 East, and Sections 1, 2, 3, and 4, Township 23 South, Range 62 East, M.D.M., generally located between Mission Drive and McCullough Hills Parkway in Clark County and adjacent to the Paradise Hills and Anthem Planning Areas and south of the McDonald Ranch and McCullough Hills Planning Areas. (Motion) Councilwoman Debra March moved to accept ROW-026-12, for the amended McCullough Hills Trail alignment in Section 36, Township 22 South, Range 62 East, and Sections 1, 2, 3, and 4, Township 23 South, Range 62 East, M.D.M., generally located between Mission Drive and McCullough Hills Parkway in Clark County and adjacent to the Paradise Hills and Anthem Planning Areas and south of the McDonald Ranch and McCullough Hills Planning Areas, subject to the following 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: 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. CA-20 VACATION VAC-2012500205-MUE MUNICIPAL UTILITY EASEMENT PUBLIC WORKS DEPARTMENT Request to vacate a Municipal Utility Easement VAC-2012500205, per Book 132, Page 88 of Plats, Clark County, Nevada and located in the Southwest Quarter of Section 21, Township 22 South, Range 63 East, M.D.M., generally located north of Boulder Highway and Racetrack Road in the River Mountain Planning Area. Henderson City Council Regular Meeting Page 12 of 22 August 21, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve a request to vacate a Municipal Utility Easement VAC-2012500205, per Book 132, Page 88 of Plats, Clark County, Nevada and located in the Southwest Quarter of Section 21, Township 22 South, Range 63 East, M.D.M., generally located north of Boulder Highway and Racetrack Road in the River Mountain Planning Area, subject to the following 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. Applicant shall vacate all existing municipal utility easements within the project area and grant new easements per the Department of Utility Services’ requirements. 4. Applicant shall release the City from any responsibility and/or liability to replace any fencing during water/sewer maintenance or replacement activities. 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. CA-21 VACATION VAC-2012500206-MUE MUNICIPAL UTILITY EASEMENT PUBLIC WORKS DEPARTMENT Request to vacate a Municipal Utility Easement VAC-2012500206, per File 89, Page 81 of Parcel Maps, Clark County, Nevada in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located south of St. Rose Parkway and Eastern Avenue in the Westgate Planning Area. (Motion) Councilwoman Debra March moved to approve a request to vacate a Municipal Utility Easement VAC-2012500206, per File 89, Page 81 of Parcel Maps, Clark County, Nevada in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located south of St. Rose Parkway and Eastern Avenue in the Westgate Planning Area, subject to the following conditions: Henderson City Council Regular Meeting Page 13 of 22 August 21, 2012 – Minutes 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 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. CA-22 VACATION VAC-2012500209-MUE MUNICIPAL UTILITY EASEMENT PUBLIC WORKS DEPARTMENT Request to vacate a Municipal Utility Easement VAC-2012500209, per Book 142, Page 81 of Plats, Clark County, Nevada in the Southeast Quarter of Section 22, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Las Vegas Parkway and Grand Mediterra Boulevard in the Lake Las Vegas Planning Area. (Motion) Councilwoman Debra March moved to approve a request to vacate a Municipal Utility Easement VAC-2012500209, per Book 142, Page 81 of Plats, Clark County, Nevada in the Southeast Quarter of Section 22, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Las Vegas Parkway and Grand Mediterra Boulevard in the Lake Las Vegas Planning Area, subject to the following 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: 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 14 of 22 August 21, 2012 – Minutes CA-23 BUSINESS LICENSE RESTAURANT WITH BAR BISTRO 95TEN APPLICANT: 9510 BISTRO & LOUNGE LLC, 9510 SOUTH EASTERN AVENUE, LAS VEGAS, NEVADA 89183 Administrative approval for Restaurant with Bar business license for 9510 Bistro & Lounge LLC, dba Bistro 95Ten, 9510 South Eastern Avenue, Henderson, Nevada 89074. (Motion) Councilwoman Debra March moved to ratify the administrative approval for Restaurant with Bar business license for 9510 Bistro & Lounge LLC, dba Bistro 95Ten, 9510 South Eastern Avenue, Henderson, Nevada 89074. 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. CA-24 BUSINESS LICENSE CATEGORY B, CLASS I SECONDHAND DEALER PIT STOP AUTO SALES APPLICANT: JAISSON LUIS ABBUD, 2951 SIENA HEIGHTS, #1222, HENDERSON, NEVADA 89014 Application for Category B, Class I Secondhand Dealer business license for Jaisson Luis Abbud, dba Pit Stop Auto Sales, 6250 Mountain Vista Street, Suite C2C, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for the Category B, Class I Secondhand Dealer business license for Jaisson Luis Abbud, dba Pit Stop Auto Sales, 6250 Mountain Vista Street, Suite C2C, Henderson, Nevada 89014, pending required department approvals. 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 15 of 22 August 21, 2012 – Minutes CA-25 BUSINESS LICENSE MASSAGE AND REFLEXOLOGY ESTABLISHMENT SISTERS SPA APPLICANT: HX ENTERPRISES LLC, 180 SOUTH STEPHANIE STREET, SUITE 140, HENDERSON, NEVADA 89012 Application for Massage and Reflexology Establishment business licenses for HX Enterprises LLC, dba Sisters Spa, 180 South Stephanie Street, Suite 140, Henderson, Nevada 89012. (Motion) Councilwoman Debra March moved to approve the application for Massage and Reflexology Establishment business licenses for HX Enterprises LLC, dba Sisters Spa, 180 South Stephanie Street, Suite 140, Henderson, Nevada 89012 pending required department approvals. 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. CA-26 BUSINESS LICENSE WHOLESALE / IMPORT LIQUOR BOOZE BROTHERS BEVERAGE L.L.C. APPLICANT: BOOZE BROTHERS BEVERAGE L.L.C., 1031 SAN JACINTO STREET, HENDERSON, NEVADA 89002 Application for Wholesale / Import Liquor business license for Booze Brothers Beverage L.L.C., 7330 Eastgate Road, Suite 100, Henderson, Nevada 89011. (Motion) Councilwoman Debra March moved to approve the application for Wholesale / Import Liquor business license for Booze Brothers Beverage L.L.C., 7330 Eastgate Road, Suite 100, Henderson, Nevada 89011, pending payment of fees and required department approvals. 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 16 of 22 August 21, 2012 – Minutes CA-27 BUSINESS LICENSE BEER, WINE, SPIRIT-BASED PRODUCTS OFF-SALE 7-ELEVEN STORE #33677B APPLICANT: GRAJ, INC., P.O. BOX 219088, DALLAS, TEXAS 75211-9088 Beer, Wine, and Spirit-Based Products Off-Sale business license for GRAJ, Inc., dba 7-Eleven Store #33677B, 835 Seven Hills Drive, Suite 100, Henderson, Nevada 89052. (Motion) Councilwoman Debra March moved to ratify the administrative approval for the Beer, Wine, and Spirit-Based Products Off-Sale business license for GRAJ, Inc., dba 7-Eleven Store #33677B, 835 Seven Hills Drive, Suite 100, Henderson, Nevada 89052. 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. CA-28 BUSINESS LICENSE TAVERN - LIQUOR & RESTRICTED GAMING FIVE STAR TAVERN APPLICANT: FIVE STAR GAMING INC, 6320 SIMMONS STREET, SUITE 140, NORTH LAS VEGAS, NEVADA 89031 Application for Tavern and Restricted Gaming business licenses for Five Star Gaming Inc, dba Five Star Tavern, 886 South Boulder Highway, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to approve the application for Tavern and Restricted Gaming business licenses for Five Star Gaming Inc, dba Five Star Tavern, 886 South Boulder Highway, Henderson, Nevada 89015, pending Southern Nevada Health District and required department approvals. 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 17 of 22 August 21, 2012 – Minutes CA-29 BUSINESS LICENSE BEER, WINE, SPIRIT-BASED PRODUCTS OFF-SALE FAMILY MART APPLICANT: ARMY PLAZA CORPORATION, 7819 BROOK VALLEY DRIVE, LAS VEGAS, NEVADA 89123 Application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Army Plaza Corporation, 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 Army Plaza Corporation, dba Family Mart, 21 West Army Street, Henderson, Nevada 89015, pending required department approvals. 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. CA-30 BUSINESS LICENSE CATEGORY B, CLASS I - SECONDHAND CARS FOR LESS, LLC APPLICANT: CARS FOR LESS, LLC, 1136 NORTH BOULDER HIGHWAY, HENDERSON, NEVADA 89011 Application for Category B, Class I Secondhand Dealer (Used Auto) business license for Cars For Less, LLC, 1136 North Boulder Highway, Henderson, Nevada 89011. (Motion) Councilwoman Debra March moved to approve the application for Category B, Class I Secondhand Dealer (Used Auto) business license for Cars For Less, LLC, 1136 North Boulder Highway, Henderson, Nevada 89011, pending required department approvals. 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. VII. PUBLIC COMMENT There were no public comments presented. Henderson City Council Regular Meeting Page 18 of 22 August 21, 2012 – Minutes VIII. UNFINISHED BUSINESS UB-31 BILL NO. 2679 ZCO-05-670089-A1 PASEO VERDE OFFICE COMPLEX APPLICANT: COMMUNITY DEVELOPMENT / RIALTO CAPITAL Mayor Hafen introduced Bill No. 2679 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 22, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE NORTHEAST CORNER OF STEPHANIE STREET AND PASEO VERDE PARKWAY (40 SOUTH STEPHANIE STREET) FROM CO-PUD (OFFICE COMMERCIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO CO-PUD (OFFICE COMMERCIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) FOR THE PURPOSE OF DELETING A CONDITION OF APPROVAL PROHIBITING MEDICAL USES, AND OTHER MATTERS RELATING THERETO. Note: The ordinance number should be corrected to Ordinance No. 2973. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2679 as Ordinance No. 2973. 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. IX. NEW BUSINESS NB-32 PERFORMANCE EVALUATION CITY ATTORNEY APPLICANT: MAYOR AND COUNCIL Performance evaluation of City Attorney Josh Reid. Henderson City Council Regular Meeting Page 19 of 22 August 21, 2012 – Minutes Josh Reid, City Attorney, stated that he is grateful to work at and serve the City of Henderson. He recognized the City Council, City Manager, City leadership, and staff in the City Attorney's Office. Mr. Reid reviewed the following accomplishments during the past six months: reduced outside counsel expenses by more than $500,000.00, reimbursement of outstanding attorney’s fees, enacting the City’s first Ethics Ordinance, reorganization of the City Attorney’s Office, ending outside law practice within the City Attorney’s Office, litigation management, negotiating protections for the City on the Arena project, and creating a legal framework to protect the City if any modifications are made to the Inspirada Development Agreement. Mr. Reid reviewed the following goals for Fiscal Year 2013: review and revise the entire Henderson Municipal Code, reviewing the Charter in the next legislative session, and develop a structure to ensure developer reimbursements for in-house legal expenses. Mr. Reid stated that he has been fortunate to come into this job with existing great leadership in the City Attorney’s Office. He recognized Christine Guerci- Nyhus in the civil division and Janette Reyes-Speer in the criminal division. Councilwoman March stated that Mr. Reid has exceeded her expectations during his first six months as the City Attorney. She commended Mr. Reid for his hard work for the City and the community, and she is confident he will meet the goals he has set forth for the next fiscal year. Councilwoman Schroder said Mr. Reid has been able to save money in the budget and he has accomplished a great deal with taxpayer dollars. She noted his ability to right-size the department, and his communication has been very good. Councilwoman Schroder stated that she appreciates his help and his advice, and he has done a great job protecting the City to ensure that contracts are drafted properly. She also noted the hard work the City Attorney’s Office did to resolve many issues regarding Lake Las Vegas. She thanked Mr. Reid for his hard work and humor. Councilwoman Schroder also thanked Christine Guerci-Nyhus for her hard work on the arena project. Councilman Marz applauded the Mayor and his fellow councilmember for appointing Mr. Reid as the City Attorney. He was not here when this appointment was made, but he remembers the controversy. He said it is a privilege to serve with people who had enough courage to make the right decision in hiring Josh Reid as the City Attorney. Councilman Bateman stated that Mr. Reid has exceeded all his expectations and he knew it was the right decision to hire Mr. Reid. He noted that the City has been through enormous change in the last year and Mr. Reid has been a big help in getting through some of the difficult challenges facing the City. Councilman Bateman noted that the entire staff has done a good job. Henderson City Council Regular Meeting Page 20 of 22 August 21, 2012 – Minutes Mayor Hafen stated that Mr. Reid has only been in the public sector for six months and the Nevada Business Journal has named him as one of the top 15 government attorneys in the valley. He noted that Mr. Reid brings a refreshing perspective from the private sector and it is a pleasure to work with him. He thanked Mr. Reid for his hard work and effort. (Motion) Mayor Andy Hafen moved to accept the performance evaluation of City Attorney Josh Reid. 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. NB-33 APPOINTMENT (MAYOR HAFEN) PUBLIC IMPROVEMENT TRUST CITY MANAGER'S OFFICE One appointment by Mayor Hafen to the Public Improvement Trust, to fill the unexpired term left by Thomas Sheehan, with term to expire June 30, 2017. LaMonica Harris, 10250 Spencer Street, Apartment 1054, Las Vegas, stated that the Lord told her that he wants her to take great care of the City of Henderson. She said she could be there for the public. She noted that she had to move to Las Vegas, but she will move back to Henderson if the City could accept her to do something for Henderson. Mayor Hafen stated that he appreciates Ms. Harris’ interest in the community. He said he is appointing a gentleman to the Public Improvement Trust who has a financial background. (Motion) Mayor Andy Hafen moved to appoint Kent Herman to the Public Improvement Trust, with term to expire June 30, 2017. 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 21 of 22 August 21, 2012 – Minutes NB-34 RESOLUTION LAND SALE APPROXIMATELY 151 GROSS ACRES SOUTHWEST CORNER OF BRUNER AVENUE AND EXECUTIVE AIRPORT DRIVE ECONOMIC DEVELOPMENT/REDEVELOPMENT Mayor Hafen introduced Resolution No. 4053 and City Manager Snow read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA EXPRESSING ITS INTENT TO SELL APPROXIMATELY 151 GROSS ACRES, MORE OR LESS, OF REAL PROPERTY LOCATED IN SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M. PURSUANT TO THE ECONOMIC DEVELOPMENT PROVISIONS OF NRS 268.063. David Norris, Real Estate Portfolio Manager, reported that this process will start the sale of the northern portion of the Limited Transition Area (LTA). Regarding Exhibit A, he noted that staff proposes a three-year time period rather than two years. He said staff also introduced additional language clarifying that if they close escrow after six months of the original appraisal, then the property would need to be reappraised. Mr. Norris commented that the only other change is on number 16, Title 13 should be Title 14. Responding to a question by Councilwoman Schroder regarding who would be responsible to pay for a new appraisal if the property does not close escrow within six months, Mr. Norris said that issue would be negotiated in the land sale purchase agreement that will come back to the Council for approval. He noted that the City generally requires buyers to pay for appraisals as part of closing costs. He said on this particular land sale, all of the proceeds will go to the Bureau of Land Management (BLM). Councilman Bateman commented that this is a good start for the Limited Transition Area and will help that area in terms of future development. (Motion) Councilman Sam Bateman moved to adopt Resolution No. 4053. 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 22 of 22 August 21, 2012 – Minutes X. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March reported that the Regional Transportation Commission (RTC) is seeking input from residents for its planning priorities as it prepares its long-term regional transportation plan this fall. Anyone interested in providing input to the RTC can go to the City of Henderson website or the RTC website. XI. SET MEETING There is no Committee Meeting for September 4, 2012, and the Regular Meeting was set for 7:00 p.m. XII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 7:45 p.m. PASSED AND ADOPTED THIS 4th DAY OF SEPTEMBER, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk