City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING September 18, 2012 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:23 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 Murnane, Public Works Director Tracy Foutz, Assistant Director of Planning and Neighborhood Services 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 Pastor Frank Plummer, Calvary Chapel of Green Valley, and was followed by the Pledge of Allegiance. Note: Mayor Hafen recognized Boy Scout Troop Nos. 366 and 569. Henderson City Council Regular Meeting Page 2 of 23 September 18, 2012 – Minutes Jacob Snow, City Manager, introduced Ivan Alvarez, who is a foreign exchange student from Spain staying with his family. Ivan is attending the Las Vegas Academy for the next three weeks as part of a foreign exchange program. He has an interest in civic affairs and wanted to attend the Council meeting this evening. IV. ACCEPTANCE OF AGENDA (Motion) Councilman Sam Bateman moved to accept the agenda as amended: PR-1 was heard after NB-31. CA-11 – A correction to the option charge anniversary dates listed on the agenda item and backup materials. The dates should be revised to state: first- year (October 1, 2011) costs being $151,835.50, second-year (October 1, 2012) costs being $159,427.25, and third-year (October 1, 2013) costs being $167,398.62. The funds available amount should be revised to the second-year (October 1, 2012) amount of $159,427.25. NB-32 and NB-33 – Continued to the October 2, 2012, City Council Regular meeting at the request of staff. 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 PROCLAMATION CONSTITUTION WEEK COMMUNICATIONS AND COUNCIL SUPPORT Proclamation declaring September 17, 2012, through September 23, 2012, as Constitution Week, in recognition of the 225th anniversary of the signing of the Constitution of the United States of America. (Action) City Manager Snow read the Proclamation declaring September 17, 2012, through September 23, 2012, as Constitution Week, in recognition of the 225th anniversary of the signing of the Constitution of the United States of America. It was presented by the Mayor and Council to Sherry Kniffen, Chapter Regent of the Daughters of the American Revolution, an organization dedicated to preserving American history. Henderson City Council Regular Meeting Page 3 of 23 September 18, 2012 – Minutes VI. CONSENT AGENDA CA-2 MINUTES CITY COUNCIL REGULAR MEETING SEPTEMBER 4, 2012 CITY CLERK'S OFFICE City of Henderson City Council Regular Meeting minutes of September 4, 2012. (Motion) Councilwoman Debra March moved to adopt the City Council Regular Meeting minutes of September 4, 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. CA-3 CASH REQUIREMENTS REGISTER AUGUST 2, 2012, THROUGH AUGUST 28, 2012 FINANCE DEPARTMENT Cash requirements for the period of August 2, 2012, through August 28, 2012, in the amount of $24,030,399.43. (Motion) Councilwoman Debra March moved to approve the Cash Requirements Register for the period of August 2, 2012, through August 28, 2012, in the amount of $24,030,399.43. 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 4 of 23 September 18, 2012 – Minutes CA-4 AGREEMENT NEVADA HOUSING DIVISION LOW-INCOME HOUSING TRUST FUNDS - WEATHERIZATION ASSISTANCE CMTS NO. 132-13-NHD-LIHTF NEIGHBORHOOD SERVICES 2013 Agreement between the City of Henderson and the Nevada Housing Division, to utilize Low-Income Housing Trust Funds (LIHTF) in the amount of $27,000.00, to assist with weatherization and rehabilitation projects to benefit families below the 60% Area Median Income level. (Motion) Councilwoman Debra March moved to approve the 2013 Agreement between the City of Henderson and the Nevada Housing Division, to utilize Low-Income Housing Trust Funds (LIHTF) in the amount of $27,000.00, to assist with weatherization and rehabilitation projects to benefit families below the 60% Area Median Income level. 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 MUTUAL TERMINATION AGREEMENT CITY OF HENDERSON NEIGHBORHOOD SERVICES CITY OF HENDERSON REDEVELOPMENT AGENCY CMTS NO. 132-11-500,000-CDBG-NSP3-RDA NEIGHBORHOOD SERVICES Mutual Termination Agreement between the City of Henderson Neighborhood Services Division and the City of Henderson Redevelopment Agency, terminating the January 17, 2012, agreement for the availability and use of Community Development Block Grant–Neighborhood Stabilization Program funds. Henderson City Council Regular Meeting Page 5 of 23 September 18, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the Mutual Termination Agreement between the City of Henderson Neighborhood Services Division and the City of Henderson Redevelopment Agency, terminating the January 17, 2012, agreement for the availability and use of Community Development Block Grant–Neighborhood Stabilization Program 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. CA-6 JOINT FUNDING AGREEMENT LAS VEGAS WASH SURFACE WATER MONITORING PROGRAM UNITED STATES GEOLOGICAL SURVEY CMTS NO. 124-ILA-08-061808-1209 DEPARTMENT OF UTILITY SERVICES Joint Funding Agreement between the City of Henderson and the United States Geological Survey for the Federal Fiscal Year 2013 Las Vegas Wash Surface Water Monitoring Program, in the total amount of $21,600.00. (Motion) Councilwoman Debra March moved to approve the Joint Funding Agreement between the City of Henderson and the United States Geological Survey for the Federal Fiscal Year 2013 Las Vegas Wash Surface Water Monitoring Program, in the total amount of $21,600.00. 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-7 AMENDMENT NO. 1 TREE INVENTORY AGREEMENT DAVEY TREE RESOURCE GROUP CMTS NO. 411-12-PKS-011 PARKS AND RECREATION Amendment No. 1 to the Tree Inventory Agreement between the City of Henderson and the Davey Tree Resource Group, A Division of the Davey Tree Expert Company, in the amount of $15,000.00. Henderson City Council Regular Meeting Page 6 of 23 September 18, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve Amendment No. 1 to the Tree Inventory Agreement between the City of Henderson and the Davey Tree Resource Group, A Division of the Davey Tree Expert Company, in the amount of $15,000.00. 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 CONSULTANT SELECTION RFP 101-13 SCENARIO PLANNING SOFTWARE AND CONSULTING SERVICES CMTS NO. 115-13-005 COMMUNITY DEVELOPMENT Selection of Fregonese Associates and authorize staff to enter into contract negotiations as a result of Request for Proposals (RFP) 101-13, Scenario Planning Software and Consulting Services, and authorize the City Manager to execute the final contract and any amendments. (Motion) Councilwoman Debra March moved to approve the selection of Fregonese Associates and authorize staff to enter into contract negotiations as a result of Request for Proposals (RFP) 101-13, Scenario Planning Software and Consulting Services, and authorize the City Manager to execute the final contract and any amendments. 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 AWARD OF CONTRACT AND APPROVE BUDGET AUGMENTATION CITY OF HENDERSON JUSTICE FACILITY FRONT ENTRY REMODEL CMTS NO. 131-12-MF-096-002 PUBLIC WORKS DEPARTMENT Contract No. 131-12-MF-096-002, City of Henderson Justice Facility Front Entry Remodel to be awarded to Palmetto Construction in the amount of $166,806.00 and augment the project budget to include the $24,000.00 in construction engineering and contingency fees, authorize the City Manager to execute the contract, and authorize the Director and/or his designee to execute the associated change orders within the approved project budget. Henderson City Council Regular Meeting Page 7 of 23 September 18, 2012 – Minutes (Motion) Councilwoman Debra March moved to award Contract No. 131-12-MF-096-002, City of Henderson Justice Facility Front Entry Remodel to Palmetto Construction in the amount of $166,806.00 and augment the project budget to include the $24,000.00 in construction engineering and contingency fees, authorize the City Manager to execute the contract, and authorize the Director and/or his designee to execute associated change orders within the approved project budget. The roll call vote favoring passage was: Those voting aye: 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 INTERLOCAL CONTRACT HORIZON DRIVE FROM I-515 TO BOULDER HIGHWAY PROJECT 015M CMTS NO. 131-13-ST-207-001 PUBLIC WORKS DEPARTMENT Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Horizon Drive from I-515 to Boulder Highway, and accept the project into the City’s Capital Improvement Plan. (Motion) Councilwoman Debra March moved to approve the Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Horizon Drive from I-515 to Boulder Highway and accept the project into the City’s Capital Improvement 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. Henderson City Council Regular Meeting Page 8 of 23 September 18, 2012 – Minutes CA-11 ANNUAL CONTRACT RENEWAL MAXIMO SOFTWARE LICENSING, MAINTENANCE AND SUPPORT SERVICES CMTS NO. CMTS# 131-09-GG-044-001 DEPARTMENT OF INFORMATION TECHNOLOGY Annual contract renewal for Maximo Asset Management/Computerized Maintenance Management System software licensing, maintenance and support services for a three-year period beginning October 1, 2012, continuing through September 30, 2015, with first-year (October 1, 2012) costs being $151,835.50, second-year (October 1, 2013) costs being $159,427.25, and third-year (October 1, 2014) costs being $167,398.62, with the total costs for the three-year period not to exceed $478,661.37, and authorize the City Manager to execute the Contract. (Motion) Councilwoman Debra March moved to approve the annual contract renewal for Maximo Asset Management/Computerized Maintenance Management System software licensing, maintenance and support services for a three-year period beginning October 1, 2012, continuing through September 30, 2015, with first-year (October 1, 2011) costs being $151,835.50, second-year (October 1, 2012) costs being $159,427.25, and third-year (October 1, 2013) costs being $167,398.62, with the total costs for the three-year period not to exceed $478,661.37, and authorize the City Manager to execute the Contract. 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 DEVELOPMENT SERVICES CENTER ENTERPRISE FUND ANNUAL REPORT DEVELOPMENT SERVICES CENTER Annual written report that provides an update as to the status of the Development Services Fund. (Motion) Councilwoman Debra March moved to accept the annual written report that provides an update as to the status of the Development Services Fund. 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 23 September 18, 2012 – Minutes CA-13 DEVELOPMENT SERVICES CENTER ADVISORY COMMITTEE ANNUAL REPORT DEVELOPMENT SERVICES CENTER Development Services Center Advisory Committee Annual Report. (Motion) Councilwoman Debra March moved to accept the Development Services Center Advisory Committee Annual Report. 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 COMMERCIAL LEASE BOYS & GIRLS CLUB OF HENDERSON WELLS PARK CMTS NO. 131-12-PM-001 PUBLIC WORKS DEPARTMENT Commercial lease of a City-owned building located at Wells Park next to the Boys & Girls Club of Henderson to continue providing recreation and tutoring services to youth in the Pittman area of Henderson. (Motion) Councilwoman Debra March moved to approve the Commercial lease of a City-owned building located at Wells Park next to the Boys & Girls Club of Henderson to continue providing recreation and tutoring services to youth in the Pittman area of Henderson. 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 23 September 18, 2012 – Minutes CA-15 VEHICLE PURCHASE TWO STREET SWEEPERS CMTS NO. 131-13-SSFL-212 PUBLIC WORKS DEPARTMENT Purchase of two (2) replacement 2013 Tymco Model 600 Regenerative Air Sweepers on International 4300-M7 COMDEX chassis from H&E Equipment Services, 4129 Losee Road, North Las Vegas, Nevada 89030, in an amount not to exceed $376,050.00. (Motion) Councilwoman Debra March moved to approve the purchase of two (2) replacement 2013 Tymco Model 600 Regenerative Air Sweepers on International 4300-M7 COMDEX chassis from H&E Equipment Services, 4129 Losee Road, North Las Vegas, Nevada 89030, in an amount not to exceed $376,050.00. 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 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-16 PROJECT S-7 CMTS NO. 121-10-010 FINANCE DEPARTMENT Payment and acquisition costs relating to Local Improvement District (LID) T-16, Project S-7, in the amount of $56,261.00, to be paid from LID T-16 Bond Proceeds. (Motion) Councilwoman Debra March moved to approve payment and acquisition costs relating to Local Improvement District (LID) T-16, Project S-7, in the amount of $56,261.00, to be paid from LID T-16 Bond Proceeds. 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 11 of 23 September 18, 2012 – Minutes CA-17 FISCAL YEAR 2012 CARRYOVER OF UNSPENT FUNDS APPLICANT: FINANCE DEPARTMENT, RICHARD A. DERRICK Carryover of unspent Fiscal Year 2012 funds to Fiscal Year 2013. (Motion) Councilwoman Debra March moved to approve carryover of unspent Fiscal Year 2012 funds to Fiscal Year 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-18 COMMUNITY PROJECTS DISBURSEMENT REQUEST VOLUNTEERS IN MEDICINE SOUTHERN NEVADA APPLICANT: COUNCILWOMAN DEBRA MARCH Community Projects Disbursement Request from Councilwoman Debra March to Volunteers in Medicine Southern Nevada to assist in providing free and charitable health care and wellness services to Henderson and Southern Nevada families who are uninsured or unemployed, in the amount of $1,000.00. (Motion) Councilwoman Debra March moved to approve the Community Projects Disbursement Request from Councilwoman Debra March to Volunteers in Medicine Southern Nevada to assist in providing free and charitable health care and wellness services to Henderson and Southern Nevada families who are uninsured or unemployed, in the amount of $1,000.00. 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 COMMUNITY PROJECTS DISBURSEMENT REQUEST HEAVEN CAN WAIT ANIMAL SOCIETY APPLICANT: COUNCILWOMAN DEBRA MARCH Community Projects Disbursement Request from Councilwoman Debra March to Heaven Can Wait Animal Society to help control overpopulation of pets in Henderson by supporting the spay/neuter program and to rescue abandoned animals and place them in homes, in the amount of $250.00. Henderson City Council Regular Meeting Page 12 of 23 September 18, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the Community Projects Disbursement Request to Heaven Can Wait Animal Society to help control overpopulation of pets in Henderson by supporting the spay/neuter program and to rescue abandoned animals and place them in homes, in the amount of $250.00. 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 BUSINESS LICENSE LOCKSMITH / SAFE MECHANIC SUNSET LOCK AND KEY APPLICANT: WYLIE D BREWTON Application for Locksmith / Safe Mechanic business license for Wylie D. Brewton, dba Sunset Lock and Key, 115 Dogwood Street, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to ratify the administrative approval of the Locksmith / Safe Mechanic business license for Wylie D. Brewton, dba Sunset Lock and Key, 115 Dogwood Street, Henderson, Nevada 89015. 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 BUSINESS LICENSE FULL LIQUOR OFF-SALE CVS / PHARMACY #6717 APPLICANT: WARM SPRINGS ROAD CVS, L.L.C. Application for Full Liquor Off-Sale business license for Warm Springs Road CVS, L.L.C. dba CVS / Pharmacy #6717, 60 North Valle Verde Drive, Henderson, Nevada 89074. Henderson City Council Regular Meeting Page 13 of 23 September 18, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Full Liquor Off-Sale business license for Warm Springs Road CVS, L.L.C. dba CVS / Pharmacy #6717, 60 North Valle Verde Drive, 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-22 BUSINESS LICENSE REFLEXOLOGY ESTABLISHMENT HAPPY FEET APPLICANT: YIQUN CHEN Application for Reflexology Establishment business license for Yiqun Chen dba Happy Feet, 9400 South Eastern Avenue, Suite 108, Henderson, Nevada 89074. (Motion) Councilwoman Debra March moved to approve the application for Reflexology Establishment business license for Yiqun Chen dba Happy Feet, 9400 South Eastern Avenue, Suite 108, Henderson, Nevada 89074, 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-23 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE COOK ON WOK #3 APPLICANT: MEI YING YANG Application for Beer, Wine, and Spirit-Based Products On-Sale business license for Mei Ying Yang, dba Cook on Wok #3, 390 North Stephanie Street, Suite 101, Henderson, Nevada 89014. Henderson City Council Regular Meeting Page 14 of 23 September 18, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for Mei Ying Yang, dba Cook on Wok #3, 390 North Stephanie Street, Suite 101, Henderson, Nevada 89014. 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 PSYCHIC ARTS PSYCHIC EYE BOOK SHOPS APPLICANT: KIMBERLY R VELLA Application for Psychic Arts business license for Kimberly R. Vella, dbat Psychic Eye Book Shops, 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89052. (Motion) Councilwoman Debra March moved to approve the application for Psychic Arts business license for Kimberly R. Vella, dbat Psychic Eye Book Shops, 9550 South Eastern Avenue, Suite 130, 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-25 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE PIZZA BUDDHA APPLICANT: PB RESTAURANTS INC. Application for Beer, Wine, and Spirit-Based Products On-Sale business license for PB Restaurants Inc., dba Pizza Buddha, 2520 West Horizon Ridge Parkway, Suite 150, Henderson, Nevada 89052. Henderson City Council Regular Meeting Page 15 of 23 September 18, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for PB Restaurants Inc., dba Pizza Buddha, 2520 West Horizon Ridge Parkway, Suite 150, Henderson, Nevada 89052, 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. CA-26 BUSINESS LICENSE CATEGORY B, CLASS I SECONDHAND DEALER (USED AUTO) ALL TRADE, INC. APPLICANT: ALL TRADE, INC. Application for Category B, Class I Secondhand Dealer (Used Auto) business license for All Trade, Inc., 6250 Mountain Vista Street, Suite L3A, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for Category B, Class I Secondhand Dealer (Used Auto) business license for All Trade, Inc., 6250 Mountain Vista Street, Suite L3A, 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. VII. PUBLIC COMMENT 1. LeaAnne Kelley, 141 E. Chaparral Drive, voiced concern that the recreation centers are dirty, there has been no soap in the restroom for over a month, and there is mold and mildew growing on the walls and shower curtains. Ms. Kelley suggested that the City should employ full-time custodians for all the park facilities instead of contracting the work out. Henderson City Council Regular Meeting Page 16 of 23 September 18, 2012 – Minutes 2. Michael Cunningham, 18 California Way, stated that Republic Services is now requesting the residents in his cul-de-sac to put their trash on the street instead of the back alleyway. Due to the small size of the cul-de-sac, it is a tight fit for the garbage trucks and creates a safety issue for people and vehicles. He expressed concern that Republic Services is also requesting the residents do not park on the street, which is an infringement on the property rights of people who have nowhere else to park. Mayor Hafen explained that the Council approved a City-wide single-stream garbage service that is not yet fully implemented. He suggested that the staff should meet with Republic Services to discuss this issue and consider certain routes on a case-by-case basis. Councilwoman March noted that City staff conducted multiple surveys to get citizen input regarding the single-stream recycling program. Councilwoman Schroder commented that she visited Mr. Cunningham’s house with staff to assess the situation, and they are planning to visit another neighborhood with concerns. She said staff will be working with Republic Services to figure out a reasonable solution for all parties. Tracy Foutz, Assistant Director of Planning and Neighborhood Services, reported that this issue is an unintended consequence of the single-stream recycling program, and staff will work with Republic Services to address the concerns. 3. Francisco Gonzales, 14 Arizona Way, stated that he is opposed to Republic Services changing the trash pickup to the cul-de-sac from the alleyway. He said this is a terrible inconvenience and there is not enough room for the garbage trucks to maneuver safely in the cul-de-sac. 4. Joe Wollburg, 27 Nevada Way, agreed with the concerns that Republic Services changed the trash pickup to the cul-de-sac instead of the alleyway. He said many residents are seniors living on fixed incomes and cannot afford to pay for the new dumpsters. Councilwoman Schroder explained that the new dumpsters are free and on rollers, and residents can select one of three sizes. Mayor Hafen said staff will work with the residents and Republic Services to address these concerns. 5. Alexandra Mackay, 333 E. Van Wagenen, filled out a comment card stating that the new class schedule for aquatics does not permit Senior Dimensions to pay for a total class session. Henderson City Council Regular Meeting Page 17 of 23 September 18, 2012 – Minutes VIII. UNFINISHED BUSINESS UB-27 BILL NO. 2680 ZCA-12-500181 SUNRIDGE HEIGHTS - PECOS APPLICANT: COMMUNITY DEVELOPMENT AND LENNAR Mayor Hafen introduced Bill No. 2680 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 36, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF SUNRIDGE HEIGHTS PARKWAY AND PECOS RIDGE PARKWAY FROM CC (COMMUNITY COMMERCIAL) TO RS-8-PUD (LOW-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY), AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Debra March moved to adopt Bill No. 2680 as Ordinance No. 2974. 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. UB-28 BILL NO. 2681 ZCA-12-500194 HORIZON RIDGE & CARMICHAEL APPLICANT: COMMUNITY DEVELOPMENT AND KB HOME Mayor Hafen introduced Bill No. 2681 and City Manager Snow read the Bill by title: Henderson City Council Regular Meeting Page 18 of 23 September 18, 2012 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED ON THE NORTHWEST CORNER OF HORIZON RIDGE PARKWAY AND CARMICHAEL WAY FROM CO-PUD (COMMERCIAL OFFICE WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO RS-6-PUD (LOW-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY), AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2681 as Ordinance No. 2975. 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. UB-29 BILL NO. 2682 DEV-12-500195 UNION VILLAGE APPLICANT: COMMUNITY DEVELOPMENT AND UNION VILLAGE, LLC Mayor Hafen introduced Bill No. 2682 and City Manager Snow read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND UNION VILLAGE, LLC, A NEVADA LIMITED LIABILITY COMPANY FOR THE DEVELOPMENT OF LAND AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2682 as Ordinance No. 2976. 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 19 of 23 September 18, 2012 – Minutes IX. NEW BUSINESS NB-30 PERFORMANCE EVALUATION CITY CLERK APPLICANT: MAYOR AND COUNCIL Annual performance evaluation of City Clerk Sabrina Mercadante. Sabrina Mercadante, City Clerkl, reviewed accomplishments the City Clerk’s Office achieved over the past year and highlighted the goals for the next year. This information is outlined in the City Clerk Annual Summary Fiscal Year 2012. Councilwoman March stated that the City Clerk's Office faced budget cuts along with other City departments. She said Ms. Mercadante has done an outstanding job and has proven that the City Clerk's Office is premiere. Councilwoman Schroder said she appreciates Ms. Mercadante always being available to provide assistance and answer questions. She noted that she loves the bigger screens on the dais, and the new technology has allowed the Council to be more efficient and cost effective. Councilwoman Schroder said the voting centers and election process is very helpful to residents. She appreciates all the work Ms. Mercadante has done. Mayor Hafen stated that he is happy with Ms. Mercadante’s job performance, how the City Clerk’s Office is being run, and the technology she instituted in the Council Chambers. (Motion) Mayor Andy Hafen moved to accept the annual performance evaluation of City Clerk Sabrina Mercadante. 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-31 PERFORMANCE EVALUATION CITY MANAGER APPLICANT: MAYOR AND COUNCIL Performance evaluation of City Manager Jacob L. Snow. Henderson City Council Regular Meeting Page 20 of 23 September 18, 2012 – Minutes Jacob Snow, City Manager, stated that he knew coming to work at the City of Henderson would be great. He said he is pleased to work with Josh Reid, City Attorney; and Sabrina Mercadante, City Clerk. Mr. Snow’s accomplishments were highlighted via a video presentation, and he noted that he will continue to balance the budget and reorgane departments. Councilwoman March thanked Mr. Snow for making Henderson premiere and continuing to take us along on this wonderful journey. Councilwoman Schroder suggested that Mr. Snow review a list of priorities of capital projects that was prepared by the previous city manager and update that list. Rance Spurlock, 22 W. Pacific Avenue, relayed an incident on a Friday regarding kids trying to set trash on fire behind his shop. He could not contact anyone in code enforcement; however, Councilwoman March and Mr. Snow heard about the incident and the trash was picked up in a couple hours. Mr. Spurlock stated that Mr. Snow is a hands-on guy and he is doing a great job as City Manager. Mr. Snow thanked staff for being so kind and supportive in welcoming him to the City. He said Bristol Ellington, Assistant City Manager; Fred Horvath, Human Resources Director; and Richard Derrick, Finance Director, have been great to work with. Mr. Snow stated that they have a lot of work ahead of them and they are making a lot of progress on the budget. He believes we must have a balanced budget to be a premier city. Mr. Snow mentioned that a date has been set for the executive team to attend a retreat in an effort to brainstorm ideas to move forward. Councilman Bateman stated that Mr. Snow is not afraid to make changes and will continue to make changes if things do not work out. Councilman Marz said he loves to hear somebody who is open to new ideas and is willing to evaluate and act on them. Councilwoman Schroder commented that she hears from a lot of staff how much they appreciate Mr. Snow coming to departments without notice to check in. (Motion) Mayor Andy Hafen moved to accept the performance evaluation of City Manager Jacob L. Snow. 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 23 September 18, 2012 – Minutes NB-32 APPOINTMENT (MAYOR HAFEN) PARKS AND RECREATION BOARD PARKS AND RECREATION One appointment by Mayor Hafen to the Parks and Recreation Board to fill the vacancy left by Dr. Steve Rose, with term to expire June 30, 2013. (Action) Continued to October 2, 2012, at the request of staff. NB-33 APPOINTMENT (MAYOR HAFEN) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADVISORY COMMITTEE NEIGHBORHOOD SERVICES One appointment by Mayor Hafen to the Community Development Block Grant (CDBG) Program Advisory Committee to fill the vacancy left by Mr. Phillip Roybal, with term to expire June 30, 2013. (Action) Continued to October 2, 2012, at the request of staff. NB-34 APPOINTMENT (COUNCILMAN BATEMAN) PUBLIC IMPROVEMENT TRUST CITY MANAGER'S OFFICE One appointment by Councilman Bateman to the Public Improvement Trust to fill the unexpired term left by Robin Rankow, with term to expire June 30, 2013. (Motion) Councilman Sam Bateman moved to Appoint Cecilia Schafler to the Public Improvement Trust, with term to expire June 30, 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. Henderson City Council Regular Meeting Page 22 of 23 September 18, 2012 – Minutes NB-35 RESOLUTION CHARITABLE ASSISTANCE FOR LAS VEGAS YOUTH ORCHESTRAS CULTURAL ARTS AND TOURISM Mayor Hafen introduced Resolution No. 4058 and City Manager Snow read the Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, THAT ALLOWS THE DEPARTMENT OF CULTURAL ARTS & TOURISM TO MAINTAIN THE ABILITY TO SUPPORT ORGANIZATIONS AND EVENTS WITHIN THE CITY OF HENDERSON FOR THE GOOD OF THE COMMUNITY. (Motion) Councilwoman Gerri Schroder moved to adopt Resolution No. 4058. 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. X. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March said in keeping with Henderson’s commitment to be a bicycle-friendly community, the Regional Transportation Commission is sponsoring the Viva Bike Las Vegas Gran Fondo this weekend. She noted that many City employees formed a team to ride in this event, and she invited other City staff and residents to participate. She also noted that Miguel Indurain, multiple winner of the Tour de France, will be at Town Square Friday evening. Councilwoman Schroder commented that the issues regarding trash pickup were unintended consequences of the single-stream recycling program. She noted that part of the problem regarding trash pickup in the alleyways is overgrown trees and the power poles. She said the City will work with Republic Services to address the concerns. XI. SET MEETING There is no Committee Meeting on October 2, 2012, and the Regular Meeting was set for 7:00 p.m. Henderson City Council Regular Meeting Page 23 of 23 September 18, 2012 – Minutes XII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:14 p.m. PASSED AND ADOPTED THIS 2nd DAY OF OCTOBER, 2012. ______________________ Andy Hafen Mayor ATTEST: ______________________ Sabrina Mercadante, MMC City Clerk