City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING October 2, 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. Mayor Hafen recognized Boy Scout Troop Nos. 95 and 449. 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, Asst. Director of Planning and Neighborhood Services Richard Derrick, Finance Director Amber Ellis, Acting Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Reverend Merrill Kanouse from Community Church UCC, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 41 October 2, 2012 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended: CA-20 was pulled for discussion at the request of R. Joshua Collins. UB-30 was continued to the October 16, 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 COMMENDATION JOHN C. VANDERBURG ELEMENTARY SCHOOL 2012 BLUE RIBBON NATIONAL SCHOOL MAYOR AND COUNCIL Commendation for Henderson's John C. Vanderburg Elementary School on receiving the 2012 Blue Ribbon National School designation from the U. S. Department of Education, awarded to schools that are either academically superior or have made dramatic gains in student achievement and helped close the gap in achievement among minority and disadvantaged students. (Action) City Manager Snow presented Catherine Maggiore and Robin Lederman from John C. Vanderburg Elementary School with a Commendation for receiving the 2012 Blue Ribbon National School designation from the U.S. Department of Education. Henderson City Council Regular Meeting Page 3 of 41 October 2, 2012 – Minutes PR-2 PROCLAMATION NATIONAL COMMUNITY PLANNING MONTH COMMUNITY DEVELOPMENT Proclamation declaring October as National Community Planning Month in celebration of the contributions that Planners make in our community. (Action) City Manager Snow read the Proclamation declaring October as National Community Planning Month in celebration of the Contributions that Planners make in our community. This was presented by Mayor and Council to Scott Majewski from the Community Development & Services Department. VI. CONSENT AGENDA CA-3 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS SEPTEMBER 18, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of September 18, 2012. (Motion) Councilwoman Debra March moved to adopt the City Council Committee and Regular Meeting minutes of September 18, 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-4 AGREEMENT NEVADA HOUSING DIVISION 2012 STATE HOME INVESTMENT PARTNERSHIP PROGRAM CMTS NO. 132-12-187,065-HOME NEIGHBORHOOD SERVICES 2012 Agreement between the City of Henderson (City) and the Nevada Housing Division to allow the City to utilize State Home Investment Partnership Program (HOME) Funds in the amount of $187,065.00, to assist with affordable-housing projects to benefit low-to-moderate income residents. Henderson City Council Regular Meeting Page 4 of 41 October 2, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the 2012 Agreement between the City of Henderson (City) and the Nevada Housing Division to allow the City to utilize State Home Investment Partnership Program (HOME) Funds in the amount of $187,065.00, to assist with affordable-housing projects to benefit low-to-moderate income residents. 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 AGREEMENT NEVADA HOUSING DIVISION 2013 LOW-INCOME HOUSING TRUST FUNDS CMTS NO. 132-13-246,834-LIHTF NEIGHBORHOOD SERVICES 2013 Agreement between the City of Henderson (City) and the Nevada Housing Division to allow the City to utilize Low-Income Housing Trust Funds (LIHTF) in the amount of $246,834.00, to assist with affordable-housing projects to benefit low-to-moderate income residents. (Motion) Councilwoman Debra March moved to approve 2013 Agreement between the City of Henderson (City) and the Nevada Housing Division to allow the City to utilize Low-Income Housing Trust Funds (LIHTF) in the amount of $246,834.00, to assist with affordable-housing projects to benefit low-to-moderate income residents. 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 AGREEMENT LEGISLATIVE LOBBYIST SERVICES CMTS NO. 141-12-IGR-0008 CITY MANAGER'S OFFICE / INTERGOVERNMENTAL RELATIONS Agreement between the City of Henderson, Nevada, and The Perkins Company for legislative lobbyist services for the period of November 1, 2012, through October 31, 2014, in the amount of $114,000.00, annually. Henderson City Council Regular Meeting Page 5 of 41 October 2, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the agreement between the City of Henderson, Nevada, and The Perkins Company for legislative lobbyist services for the period of November 1, 2012, through October 31, 2014, in the amount of $114,000.00, annually. 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 ANNUAL OPERATING CHARGE SOUTHERN NEVADA AREA COMMUNICATIONS COUNCIL (SNACC) 800 MHZ RADIO SYSTEM CMTS NO. 123-08-19 DEPARTMENT OF INFORMATION TECHNOLOGY Payment of the annual operating charge to the Clark County Treasurer for the Henderson Police and Fire Departments’ Southern Nevada Area Communications Council (SNACC) 800 MHZ radio system for two consecutive one-year renewal periods, beginning October 1, 2012, and continuing through September 30, 2014, with the first-year costs not to exceed $232,000.00, second-year costs not to exceed $232,000.00, total cost for the two-year period not to exceed $464,000.00, and authorize the City Manager to execute the renewals. (Motion) Councilwoman Debra March moved to approve payment of the annual operating charge to the Clark County Treasurer for the Henderson Police and Fire Departments’ Southern Nevada Area Communications Council (SNACC) 800 MHZ radio system for two consecutive one-year renewal periods, beginning October 1, 2012, and continuing through September 30, 2014, with the first-year costs not to exceed $232,000.00, second-year costs not to exceed $232,000.00, total cost for the two-year period not to exceed $464,000.00, and authorize the City Manager to execute the renewals. 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 6 of 41 October 2, 2012 – Minutes CA-8 ANNUAL MAINTENANCE CHARGE ONX ENTERPRISE SOLUTIONS CMTS NO. 123-12-27 DEPARTMENT OF INFORMATION TECHNOLOGY Payment of the annual maintenance charge to ONX Enterprise Solutions for two consecutive one-year renewal periods, beginning December 1, 2012, and continuing through November 30, 2014, with the first-year costs not to exceed $140,000.00, second-year costs not to exceed $140,000.00, total cost for the two- year period not to exceed $280,000.00. (Motion) Councilwoman Debra March moved to approve payment of the annual maintenance charge to ONX Enterprise Solutions for two consecutive one-year renewal periods, beginning December 1, 2012, and continuing through November 30, 2014, with the first-year costs not to exceed $140,000.00, second-year costs not to exceed $140,000.00, total cost for the two-year period not to exceed $280,000.00. 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-9 CHANGE ORDER NO. 9 CORNERSTONE PARK CMTS NO. 131-11-PR-046-001 PUBLIC WORKS DEPARTMENT / PARKS AND RECREATION Change Order No. 9 for Cornerstone Park, between City of Henderson and APCO Construction, in the amount of $237,410.40. (Motion) Councilwoman Debra March moved to approve Change Order No. 9 for Cornerstone Park, between City of Henderson and APCO Construction, in the amount of $237,410.40. 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 7 of 41 October 2, 2012 – Minutes CA-10 AWARD IFB 124-13-02 4.9 GHZ RADIO EQUIPMENT - MATERIALS ONLY CMTS NO. 124-13-083012 DEPARTMENT OF UTILITY SERVICES Invitation for Bid (IFB) 124-13-02 "4.9 GHz Radio Equipment - Materials Only" to be awarded to McIntosh Communications, Inc., in the amount of $120,096.96. (Motion) Councilwoman Debra March moved to approve the Invitation for Bid (IFB) 124-13-02 "4.9 GHz Radio Equipment - Materials Only" to be awarded to McIntosh Communications, Inc., in the amount of $120,096.96. 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 HARDWARE PURCHASE ONX ENTERPRISE SOLUTIONS CMTS NO. 123-12-31 DEPARTMENT OF INFORMATION TECHNOLOGY Purchase of hardware for the Enterprise Log Management Project in the amount of $119,895.00 from Onx Enterprise Solutions. (Motion) Councilwoman Debra March moved to approve the purchase of hardware for the Enterprise Log Management Project in the amount of $119,895.00 from Onx Enterprise Solutions. 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 41 October 2, 2012 – Minutes CA-12 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-18 PROJECT ADP-D-E5 CMTS NO. 121-05-118 FINANCE DEPARTMENT Payment and acquisition costs relating to Local Improvement District (LID) T-18, Project ADP- D-E5 in the amount of $1,566,904.00 to be paid from T-18 Bond Proceeds. (Motion) Councilwoman Debra March moved to approve payment and acquisition costs relating to Local Improvement District (LID) T-18, Project ADP-D-E5 in the amount of $1,566,904.00 to be paid from T-18 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. CA-13 GRANT AWARD JUSTICE ASSISTANCE GRANT (JAG) ARRA 09 CMTS NO. 211-13-2101-G0422 POLICE DEPARTMENT Grant award from the State of Nevada, Department of Public Safety, Office of Criminal Justice, Justice Assistance Grant (JAG) 09 ARRA Grant for the City of Henderson Police Department to purchase P-25 compliant radios in the amount of $150,000.00. (Motion) Councilwoman Debra March moved to accept the grant award from the State of Nevada, Department of Public Safety, Office of Criminal Justice, Justice Assistance Grant (JAG) 09 ARRA Grant for the City of Henderson Police Department to purchase P-25 compliant radios in the amount of $150,000.00. 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. Henderson City Council Regular Meeting Page 9 of 41 October 2, 2012 – Minutes CA-14 GRANT AWARD STATE OF NEVADA, AGING AND DISABILITY SERVICES DIVISION GRANT BLACK MOUNTAIN SENIOR NUTRITION PROGRAM CMTS NOS. 411-13-REC-109, 411-13-REC-110 PARKS AND RECREATION Grant award from the State of Nevada, Aging and Disability Services Division for the Black Mountain Senior Nutrition Program for homebound and congregate meals in the amount of $459,708.00. (Motion) Councilwoman Debra March moved to ratify the grant award from the State of Nevada, Aging and Disability Services Division for the Black Mountain Senior Nutrition Program for homebound and congregate meals in the amount of $459,708.00. 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-15 GRANT AWARD TARGET NATIONAL NIGHT OUT GRANT FY 2012/2013 CMTS NO. 211-13-2111-G0423 POLICE DEPARTMENT Grant Award from Target for the National Night Out program in the amount of $1,250.00. (Motion) Councilwoman Debra March moved to accept the grant award from Target for the National Night Out program in the amount of $1,250.00. 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. Henderson City Council Regular Meeting Page 10 of 41 October 2, 2012 – Minutes CA-16 COMMUNITY PROJECTS DISBURSEMENT REQUEST BLUE STAR MOTHERS OF AMERICA APPLICANT: COUNCILWOMAN DEBRA MARCH Community Projects Disbursement Request from Councilwoman Debra March to Blue Star Mothers of America which is a group made up of mothers and stepmothers of active and veteran service members whose mission is to support military members and their families while promoting patriotism, in the amount of $2,500.00. (Motion) Councilwoman Debra March moved to approve the Community Projects Disbursement to Blue Star Mothers of America, which is a group made up of mothers and stepmothers of active and veteran service members whose mission is to support military members and their families while promoting patriotism, in the amount of $2,500.00. 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-17 COMMUNITY PROJECTS FUND DISBURSEMENT REQUEST BOYS & GIRLS CLUBS OF HENDERSON APPLICANT: COUNCILMAN BATEMAN / COUNCILWOMAN MARCH Community projects disbursement request from Councilman Bateman and Councilwoman March to the Boys & Girls Clubs of Henderson for Fun Day for Kids, an event to raise contributions to help Henderson youth reach their full potential as responsible citizens using a variety of creative, fun and educational programs, in the total amount of $2,000.00. (Motion) Councilwoman Debra March moved to approve the community projects disbursement request from Councilman Bateman and Councilwoman March to the Boys & Girls Clubs of Henderson for Fun Day for Kids, an event to raise contributions to help Henderson youth reach their full potential as responsible citizens using a variety of creative, fun and educational programs, in the total amount of $2,000.00. 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. Henderson City Council Regular Meeting Page 11 of 41 October 2, 2012 – Minutes CA-18 FINANCIAL MANAGEMENT POLICY 1300-01 REVISIONS CITY MANAGER'S OFFICE / FINANCE DEPARTMENT Revise Financial Management Policy 1300-01, Fiscal Signature Authority, to: (1) Allow department directors to sign contractual documents on behalf of the City with a fiscal impact of up to $50,000; (2) Allow the City Manager to designate an Assistant City Manager or department director to sign contractual documents on his or her behalf, and; (3) Clarify the City Manager's legal settlement authority under the policy. (Motion) Councilwoman Debra March moved to approve the Revision of Financial Management Policy 1300-01, Fiscal Signature Authority, to: (1) Allow department directors to sign contractual documents on behalf of the City with a fiscal impact of up to $50,000; (2) Allow the City Manager to designate an Assistant City Manager or department director to sign contractual documents on his or her behalf, and; (3) Clarify the City Manager's legal settlement authority under the policy. 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 AMEND STAFF COMPLEMENT JOB DESCRIPTION AND WAGE ASSIGNMENT PUBLIC INFORMATION AND MARKETING MANAGER DEPARTMENT OF HUMAN RESOURCES Amend the staff complement by adding one (1) Public Information and Marketing Manager to Fund 1001-0706; and approve the job description and wage assignment for Public Information and Marketing Manager, Management 100, $74,709.187 to $117,685.282/year. (Motion) Councilwoman Debra March moved to amend the staff complement by adding one (1) Public Information and Marketing Manager to Fund 1001-0706; and approve the job description and wage assignment for Public Information and Marketing Manager, Management 100, $74,709.187 to $117,685.282/year. 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 12 of 41 October 2, 2012 – Minutes Note: CA-20 was pulled for discussion. CA-20 BUSINESS LICENSE FULL LIQUOR OFF-SALE CVS / PHARMACY #2948 APPLICANT: CVS 2948 HENDERSON, L.L.C. Administrative approval for the Full Liquor Off-Sale business license for CVS 2948 Henderson, L.L.C., dba CVS / Pharmacy #2948, 630 South Green Valley Parkway, Henderson, Nevada 89052. R. Joshua Collins, no address given, said he is a public minister for Jesus Christ and he encourages sobriety. He asked the Council to deny the liquor sales for this application. Ben Vulmer, 400 South Rampart Boulevard, Suite 400, Las Vegas, representing CVS Pharmacies, was available to answer questions. Mayor Hafen stated that this license was approved at staff level and it meets all of the codes, ordinances, and zoning. Councilwoman Schroder commented that she chooses not to drink. She said she does not know if the Council could limit one particular store to no liquor sales. She noted that she supports this item since the business license complies with all codes and it is consistent with other uses. (Motion) Councilwoman Gerri Schroder moved to ratify administrative approval for the Full Liquor Off-Sale business license for CVS 2948 Henderson, L.L.C., dba CVS / Pharmacy #2948, 630 South Green Valley Parkway, 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-21 BUSINESS LICENSE RESTAURANT WITH BAR CHEVY’S FRESH MEX RESTAURANT APPLICANT: RM CHEVYS LLC Application for Restaurant with Bar business license for RM Chevys LLC, dba Chevy’s Fresh Mex Restaurant, 1300 West Sunset Road, Suite 2605, Henderson, Nevada 89014. Henderson City Council Regular Meeting Page 13 of 41 October 2, 2012 – Minutes (Motion) Councilwoman Debra March moved to approve the application for Restaurant with Bar business license for RM Chevys LLC, dba Chevy’s Fresh Mex Restaurant, 1300 West Sunset Road, Suite 2605, 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-22 BUSINESS LICENSE CATERING LIQUOR MASTERPIECE CUISINE APPLICANT: SCOTT MAHAN Administrative approval for the Catering Liquor business license for Scott Mahan, dba Masterpiece Cuisine, 303 Water Street, Suite 130, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to ratify administrative approval for the Catering Liquor business license for Scott Mahan, dba Masterpiece Cuisine, 303 Water Street, Suite 130, 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-23 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE KABABYAN KO! ASIAN MARKET APPLICANT: KABABYAN KO! ASIAN MARKET LLC Administrative approval for the Beer, Wine, and Spirit-Based Products On-Sale business license for Kababyan Ko! Asian Market LLC, dba Kababyan Ko! Asian Market, 9560 South Eastern Avenue, Henderson, Nevada 89074. Henderson City Council Regular Meeting Page 14 of 41 October 2, 2012 – Minutes (Motion) Councilwoman Debra March moved to ratify administrative approval for the Beer, Wine, and Spirit-Based Products On-Sale business license for Kababyan Ko! Asian Market LLC, dba Kababyan Ko! Asian Market, 9560 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. VII. PUBLIC HEARINGS PH-24 COMPREHENSIVE PLAN AMENDMENT CPA-12-500233-PUBLIC HEARING ZONE CHANGE ZCA-12-500234 CONDITIONAL USE PERMIT CUP-12-500235 ROMANOFF INDUSTRIES APPLICANT: MILFORD GOLDHEIMER A) Amend the Land Use Policy Plan from TOD (Transit Oriented Development) to COM (Commercial); B) Rezone from MC-RD (Corridor Mixed Commercial with Redevelopment Overlay) to CH-RD (Highway Commercial with Redevelopment Overlay) on 0.2 acres; and C) Wholesaling, Distribution and Storage; at 1628 Athol Avenue, in the Eastside Redevelopment and Midway Planning Areas. Tracy Foutz, Assistant Director of Planning and Neighborhood Services, presented a summary of this item and said the Planning Commission recommended approval. Mayor Hafen opened the public hearing at 7:16 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. Henderson City Council Regular Meeting Page 15 of 41 October 2, 2012 – Minutes (Motion) Councilman Sam Bateman moved to amend the Land Use Policy Plan from TOD (Transit Oriented Development) to COM (Commercial); rezone from MC-RD (Corridor Mixed Commercial with Redevelopment Overlay) to CH-RD (Highway Commercial with Redevelopment Overlay) on 0.2 acres; and Wholesaling, Distribution and Storage; at 1628 Athol Avenue, in the Eastside Redevelopment and Midway Planning Areas, subject to the following: CPA-12-500233 FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. ZCA-12-500234 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. Henderson City Council Regular Meeting Page 16 of 41 October 2, 2012 – Minutes 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 2. 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. CUP-12-500235 FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. Henderson City Council Regular Meeting Page 17 of 41 October 2, 2012 – Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. 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. 3. This conditional use permit for Wholesaling, Distribution and Storage (Small Scale) 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. 4. The applicant shall apply for a Landscape Permit, to be approved prior to Certificate of Occupancy. The landscape plan shall depict a minimum of six 24-inch box trees in the side-yard landscape buffers (three trees - each buffer) in front of the building. Landscape plant materials must meet Development Code requirements and adhere to the Regional Plant List 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. 6. Applicant shall comply with all conditions of approval for AR-64-94. 7. The applicant shall remove the gates located across the alley behind the property, prior to issuance of a Certificate of Occupancy. 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. PH-25 ACCOMPANYING RESOLUTION FOR PH-24 COMPREHENSIVE PLAN AMENDMENT CPA-12-500233 ROMANOFF INDUSTRIES COMMUNITY DEVELOPMENT Mayor Hafen introduced Resolution No. 4059 and City Manager Snow read the Resolution by title: Henderson City Council Regular Meeting Page 18 of 41 October 2, 2012 – Minutes 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 0.2 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED 1628 ATHOL AVENUE, IN THE EASTSIDE REDEVELOPMENT AND MIDWAY PLANNING AREAS, FROM TOD (TRANSIT ORIENTED DEVELOPMENT) TO COM (COMMERCIAL). (Motion) Councilman Sam Bateman moved to approve Resolution No. 4059. 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. PH-26 COMPREHENSIVE PLAN AMENDMENT CPA-12-500185-PUBLIC HEARING ZONE CHANGE WITH OVERLAY ZCA-12-500186 MULTIFAMILY AT HORIZON RIDGE & CIELO ABIERTO APPLICANT: HORIZON RANGE, LLC A) Amend the Land Use Policy Plan from Neighborhood Commercial to Medium-Density Residential; and B) Rezone from CM-PUD (Mixed Commercial with Planned Unit Development Overlay) to RM-16 (Medium-Density Residential); on 8.1 acres located on the northeast corner of Horizon Ridge Parkway and Cielo Abierto, in the McCullough Hills Planning Area. Tracy Foutz, Assistant Director of Planning and Neighborhood Services, presented a summary of this item and stated that the Planning Commission recommended approval. Mayor Hafen opened the public hearing at 7:17 p.m., asking if there was anyone present wishing to speak for or against this item. Henderson City Council Regular Meeting Page 19 of 41 October 2, 2012 – Minutes Denna Woodbury, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, was available to answer questions. There being no one else wishing to speak, the public hearing was closed immediately. (Motion) Councilwoman Gerri Schroder moved to amend the Land Use Policy Plan from Neighborhood Commercial to Medium-Density Residential; and rezone from CM-PUD (Mixed Commercial with Planned Unit Development Overlay) to RM-16 (Medium-Density Residential); on 8.1 acres located on the northeast corner of Horizon Ridge Parkway and Cielo Abierto, in the McCullough Hills Planning Area, subject to the following: CPA-12-500185 FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. ZCA-12-500186 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. Henderson City Council Regular Meeting Page 20 of 41 October 2, 2012 – Minutes 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. 3. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. DEPARTMENT OF UTILITY SERVICES CONDITIONS 4. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 5. Applicant shall comply with the requirements of the master utility plan established for the project area. 6. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 7. All onsite utilities shall remain privately owned and maintained. 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. 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. Henderson City Council Regular Meeting Page 21 of 41 October 2, 2012 – Minutes 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 approved primary and secondary roads from the proposed project to existing paved roadways. 14. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 15. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 16. 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. PARKS AND RECREATION DEPARTMENT CONDITION 17. In lieu of the normal condition requiring parkland donation at 5 acres per 1,000 population, the applicant shall donate an amount equal to the fair market value to the improvements in the park north of Paseo Verde. The Director of Parks and Recreation shall approve the final agreement. The final agreement of the funding will be provided to the Parks and Recreation Department prior to the civil improvement plan approval. 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. PH-27 ACCOMPANYING RESOLUTION FOR PH-26 COMPREHENSIVE PLAN AMENDMENT CPA-12-500185 MULTIFAMILY AT HORIZON RIDGE AND CIELO ABIERTO COMMUNITY DEVELOPMENT Mayor Hafen introduced Resolution No. 4060 and City Manager Snow read the Resolution by title: Henderson City Council Regular Meeting Page 22 of 41 October 2, 2012 – Minutes 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 8.1 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 22, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED ON THE NORTHEAST CORNER OF HORIZON RIDGE PARKWAY AND CIELO ABIERTO, IN THE MCCULLOUGH HILLS PLANNING AREA, FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM-DENSITY RESIDENTIAL. Councilwoman Schroder moved to adopt Resolution No. 4060. 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. PH-28 COMPREHENSIVE PLAN AMENDMENT CPA-12-500163-PUBLIC HEARING ZONE CHANGE WITH OVERLAY AMENDMENT ZCO-12-500112-A1 SOUTHSHORE LOT 31A APPLICANT: RAINBOW NEV., LLC A) Amend the Land Use Policy Plan from Medium-Density Residential to Low-Density Residential; and B) Amend a zone change from RM-10-G-MP-H (Medium-Density Residential with Gaming, Master Plan and Hillside Overlays) to RS-1-G- MP-H (Low-Density Residential with Gaming, Master Plan and Hillside Overlays); on 4.1 acres located at the southeast corner of Strada Di Circolo and Mezza Luna Court, in the Lake Las Vegas Planning Area. Tracy Foutz, Assistant Director of Planning and Neighborhood Services, presented a summary of this item and said the Planning Commission recommended approval. Mayor Hafen opened the public hearing at 7:19 p.m., asking if there was anyone present wishing to speak for or against this item. Corie Leaver, 5740 South Arville, Las Vegas, representing the owner, concurred with staff's recommendation. Henderson City Council Regular Meeting Page 23 of 41 October 2, 2012 – Minutes There being no one else wishing to speak, the public hearing was closed at 7:20 p.m. Responding to a question by Councilwoman March whether the applicant conducted a market analysis to determine whether this is an appropriate use for the site, Mr. Leaver said the owner has looked at the area and believes the location is not suitable for a condominium project. Councilwoman March moved to amend the Land Use Policy Plan from Medium-Density Residential to Low-Density Residential; and amend a zone change from RM-10-G-MP-H (Medium-Density Residential with Gaming, Master Plan and Hillside Overlays) to RS-1-G-MP-H (Low-Density Residential with Gaming, Master Plan and Hillside Overlays); on 4.1 acres located at the southeast corner of Strada Di Circolo and Mezza Luna Court, in the Lake Las Vegas Planning Area, subject to the following: CPA-12-500163 FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. ZCO-12-500112-A1 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. Henderson City Council Regular Meeting Page 24 of 41 October 2, 2012 – Minutes 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 drainage study for Public Works' approval. 3. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 4. FHA Type B drainage shall be allowed only where lots drain directly to public drainage facilities, public parks, or golf courses. 5. Streets shall be privately owned and maintained. DEPARTMENT OF UTILITY SERVICES CONDITIONS 6. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 7. Applicant shall comply with the requirements of the master utility plan established for the project area. 8. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 9. Civil improvement plans shall comply with the requirements of the Uniform Design and Construction Standards for Water Distribution Systems and the Design and Construction Standards for Wastewater Collection Systems. 10. Applicant shall abandon existing water and sewer service and provide separate water and sewer service for each lot. 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. 11. 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. 12. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. Henderson City Council Regular Meeting Page 25 of 41 October 2, 2012 – Minutes 13. 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. 14. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 15. 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. 16. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 17. 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. 18. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 19. 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. 20. 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. 21. 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. 22. 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. Henderson City Council Regular Meeting Page 26 of 41 October 2, 2012 – Minutes 23. 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. 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. Note: Mayor Hafen announced that the City Council meetings are being video recorded and streamed live to the web. PH-29 ACCOMPANYING RESOLUTION FOR PH-28 COMPREHENSIVE PLAN AMENDMENT CPA-12-500163 SOUTHSHORE LOT 31A COMMUNITY DEVELOPMENT Mayor Hafen introduced Resolution No. 4061 and City Manager Snow read the Resolution by title: 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 4.1 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 23, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF STRADA DI CIRCOLO AND MEZZA LUNA COURT, IN THE LAKE LAS VEGAS PLANNING AREA, FROM MEDIUM-DENSITY RESIDENTIAL TO LOW-DENSITY RESIDENTIAL. Councilwoman March moved to adopt Resolution 4061. 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 27 of 41 October 2, 2012 – Minutes VIII. PUBLIC COMMENT R. Joshua Collins, no address given, said he is a public minister and has devoted his life to spreading God’s word. He encouraged people to follow Jesus Christ and provided the following number for anyone who would like to send him a text message: 702-601-9788. IX. UNFINISHED BUSINESS UB-30 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 the October 16, 2012, City Council Regular meeting. UB-31 APPOINTMENT (MAYOR HAFEN) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 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. (Motion) Mayor Hafen moved to appoint Bella Meese to the Community Development Block Grant (CDBG) Program Advisory Committee, 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. PH-32 FINANCIAL UPDATE FINANCE DEPARTMENT Presentation and update by the Finance Department on the current financial position of the City. Henderson City Council Regular Meeting Page 28 of 41 October 2, 2012 – Minutes Richard Derrick, Finance Director, reported that the consolidated tax revenue for this past July totaled $6.2 million. The largest increases in taxable sales collections were in the areas of motor vehicle and parts dealers, merchant wholesalers, durable goods, clothing and clothing accessory stores, and food and beverage stores. Regarding the consolidated tax interim committee, Mr. Derrick said the Legislative Counsel Bureau has provided them a proposed Bill Draft Request to review that encapsulates the work that was done by the Consolidated Tax Interim Legislative Committee. He pointed out that Chairwoman Kirkpatrick made it clear that her desire is to have the bill passed and signed by the Governor during the first 40 days of the legislative session so the revised formula can be implemented for the 2014 fiscal year. Councilwoman March complimented Mr. Derrick on his hard work to keep a close watch on the City’s budget. She noted that Mr. Derrick present budgetary information at the League of Cities meeting in Elko, Nevada. (Motion) Mayor Hafen moved to accept the update by the Finance Department on the current financial position of 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. UB-33 LEASE AUCTION 1,080 SQUARE FEET APN 190-06-501-017 CMTS NO. 131-12-PM-002 PUBLIC WORKS DEPARTMENT Open written bids and call for oral bids as noticed in Resolution No. 4057 expressing the City's intent to lease approximately 1,080 square feet, more or less, of real property being Assessor's Parcel No. 190-06-501-017 located in the Northeast Quarter of Section 6, Township 23 South, Range 62 East, M.D.M. Henderson, Nevada, generally located within Anthem Hills Park. Sabrina Mercadante, City Clerk, stated that the official bill opening is time 7:27 p.m. She said the City Clerk’s Office received one written bid by the deadline of 5:00 p.m., on Thursday, September 27, 2012, from Southwestco Wiereless, L.P., doing business as Verizon Wireless. Henderson City Council Regular Meeting Page 29 of 41 October 2, 2012 – Minutes Ms. Mercadante opened the bid and announced that it contains a bid deposit check in the amount of $2,010.00 for the amount of the bid. Ms. Mercadante stated that no other bids were received and the highest written bid received is $2,010.00 from Southwestco Wireless, L.P., doing business as Verizon Wireless. Ms. Mercadante said no pre-qualified oral bidders registered by the 5:00 p.m. deadline this evening. Staff will review the bid received and enter it into the record. Staff will provide its recommendation to Council under NB-37, at which time Council may adopt the resolution to accept the highest qualified bid. She noted that the official bid closing time is 7:30 p.m. Mayor Hafen explained that this lease auction is for a piece of City-owned land that a cell tower will be located on. Per Nevada Revised Statute rules, the City is obligated to go through this public auction process. Responding to a question by Councilwoman March as to whether the lease amount is on an annual basis, Ms. Mercadante clarified that the bid amount is $2,010.00 per month. Councilman Marz asked how long the term of the lease is and whether the Council is obligated to accept this bid because it is the only one. Ms. Mercadante replied that the Council is not obligated to accept this bid. She will provide the term of the lease under NB-37 after further review of the bid. Jacob Snow wished Ms. Mercadante a happy birthday today. (Motion) Councilwoman March moved to accept the bid that was received from Southwestco Wireless, L.P., d/b/a Verizon Wireless. 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. NEW BUSINESS NB-34 APPOINTMENTS (MAYOR HAFEN) BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY PARKS AND RECREATION Three appointments by Mayor Hafen to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity. Henderson City Council Regular Meeting Page 30 of 41 October 2, 2012 – Minutes (Motion) Mayor Hafen moved to appoint Camille Morris and Amber Riley Porter with terms to expire July 31, 2014, and Haylee Stephens with term to expire July 31, 2015, to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity. 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-35 APPOINTMENT (COUNCILWOMAN SCHRODER) CITIZENS ADVISORY COMMITTEE COMMUNITY DEVELOPMENT One appointment by Councilwoman Schroder to the Citizens Advisory Committee to fill the unexpired term left by Dawn Rene Calman, with term to expire June 30, 2015. (Motion) Councilwoman Schroder appointed Andrew Jacobson to the Citizens Advisory Committee, with term to expire June 30, 2015. 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-36 RESOLUTION HIDTA-SOUTHERN NEVADA HEROIN AND MONEY LAUNDERING INITIATIVE COST REIMBURSEMENT AGREEMENT CMTS NO. 211-13-2124-NV HIDTA SNHML POLICE DEPARTMENT Mayor Hafen introduced Resolution No. 4062 and City Manager Snow read the Resolution by title: Henderson City Council Regular Meeting Page 31 of 41 October 2, 2012 – Minutes A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA TO ACCEPT NEW FUNDING UNDER THE COST REIMBURSEMENT AGREEMENT NEVADA HIDTA FUNDS BETWEEN THE LAS VEGAS METROPOLITAN POLICE DEPARTMENT, THE HENDERSON POLICE DEPARTMENT AND THE NEVADA HIGH INTENSITY DRUG TRAFFICKING AREA (NV HIDTA), FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY FUND. (Motion) Councilman Bateman moved to adopt Resolution No. 4062. 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-37 ACCOMPANYING RESOLUTION FOR NB-33 ACCEPTANCE OF BID FOR LEASE APN: 190-06-501-017 PUBLIC WORKS DEPARTMENT Mayor Hafen introduced Resolution No. 4063 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 ACCEPT THE BID TO LEASE APPROXIMATELY 1,080 SQUARE FEET OF REAL PROPERTY LOCATED IN THE NORTHEAST QUARTER (NE ¼) OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 62 EAST, M.D.M. TO SOUTHWESTCO WIRELESS, L.P., D/B/A VERIZON WIRELESS. Sabrina Mercadante, City Clerk, reported that the initial lease term is for five years with three five-year options renewable at the annual mutual agreement of the City and the lessee. She said the highest bid received is $2,010.00 per month from Southwestco Wireless, L.P., doing business as Verizon Wireless. Staff recommends adopting the resolution to accept this bid with the terms outlined in the bid. Councilman Marz asked whether the City has leases with other cellular companies and whether this bid is comparable to existing leases. Bob Murnane, Director of Public Works, responded that this lease is within the appraised value and it is consistent with other leases the City has with other cellular company carriers. He noted that the Council does have the ability to reject all bids and remove the property from the resolution to lease. Henderson City Council Regular Meeting Page 32 of 41 October 2, 2012 – Minutes (Motion) Councilman John F. Marz moved to adopt Resolution No. 4063. 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-38 ACCOMPANYING LEASE AGREEMENT FOR NB-33 & NB-37 ANTHEM HILLS CELL SITE APN: 190-06-501-017 CMTS NO. 131-12-PM-002 PUBLIC WORKS DEPARTMENT Lease Agreement with the successful bidder to lease approximately 1,080 square feet of City-owned property in the Northeast Quarter of Section 6, Township 23 South, Range 62 East, M.D.M., located in the southeast corner of Anthem Hills Park, for the construction, operation and maintenance of a multi-user cell tower. (Motion) Mayor Hafen moved to approve the Lease Agreement with the successful bidder to lease approximately 1,080 square feet of City-owned property in the Northeast Quarter of Section 6, Township 23 South, Range 62 East, M.D.M., located in the southeast corner of Anthem Hills Park, for the construction, operation and maintenance of a multi-user cell tower. 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-39 ZONE CHANGE ZCA-12-500203 CONDITIONAL USE PERMIT CUP-12-500246 NEW SONG CHURCH APPLICANT: CHURCH NEW SONG LUTHERAN A) Rezone from RS-6-MP (Low-Density Residential with Master Plan Overlay) to PS-MP (Public/Semipublic with Master Plan Overlay) on 5.1 acres; and B) School (1st grade); located at the northwest corner of Reunion Drive and Cornet Street, in the Anthem Planning Area. Henderson City Council Regular Meeting Page 33 of 41 October 2, 2012 – Minutes Tracy Foutz, Assistant Director of Planning and Neighborhood Services, presented a summary of this item and said the Planning Commission recommended approval with the following additional conditions: 1) Applicant shall work with staff to adjust start and end times to differ from Del Webb Middle School start and end times; and 2) Maximum number of students shall not exceed 62. This is preschool, kindergarten, and first grade combined. Ernest Freggiaro, 4588 Coachman Circle, Las Vegas, representing New Song Church, concurred with staff's comments and the Planning Commission approval. Pastor David Poling-Goldenne, 1291 Cornet Drive, representing New Song Church, displayed a document showing that most of the churches and religious institutions in Henderson are zoned Public Space (PS). Regarding the increased traffic concern, he noted that this application does not address the development of a future school. They currently have a cap on enrollment of 62 students and the addition of a first grade would not increase traffic. He showed photographs depicting traffic during various times of the day and week. Pastor Poling-Goldenne expressed harassment concerns regarding school parents being photographed and videotaped, and traffic stopped on Reunion Drive in an attempt to gather signatures on petitions. Mayor Hafen asked Pastor Poling-Goldenne to focus his comments on the zoning application. Pastor Poling-Goldenne concurred with the recommendation of the staff and the Planning Commission to approve the rezoning application. Per a request by Mayor Hafen, approximately 90 residents stood in support of this application. Mayor Hafen noted that the Council has been provided with several emails and letters in opposition and support of this item, and staff prepared a map indicating the addresses of those properties. Bill Bokelmann, 2377 Flute Avenue, president of the homeowners’ association, said approximately 2,000 residents are opposed to this zone change. There is a concern for traffic and safety within the neighborhood. He noted that traffic congestion times are between 7:30 a.m. and 8:15 a.m. and after 8:30 a.m. He stated that the property was zoned RS-6 to be compatible with the residential neighborhood, and approval of this zone change will change the characteristics of the neighborhood. Henderson City Council Regular Meeting Page 34 of 41 October 2, 2012 – Minutes Mr. Bokelmann submitted into the record the original grant, bargain and sale deed. He stated that the Church is required to present any improvements to the homeowners association for review and approval. The Church did receive approval for the signage, but they have not received approval for any improvements, including the doublewide trailer for the school. Mr. Bokelmann suggested that the applicant consider an alternate location for the school. Douglas Mikulicic,1294 Cornet Street, showed photographs depicting traffic congestion on Reunion Drive and Cornet Street in the morning hours. He displayed other photographs of churches with schools and noted that their traffic is not as congested because they are not adjacent to residential homes. Keith Pickard, 1255 Sonatina Drive, stated that Del Webb intended for there to be a community church at this location, but not a school. He said the residents are not opposed to the church; they want to the preserve the integrity of the community. He asked the Council to deny this application. Per a request by Mayor Hafen, approximately 32 residents stood in opposition to this application. The following residents voiced their support for this item: Alexandria Peterson, 20 Hassayampa Trail; Sara Ignacia, 2424 Taragato Avenue; Jodie McMahon, 2564 Corner Stone Circle; Rich Cezmas, 2101 Penticello Drive; Laurel Engelman, 1374 Adagietto Drive; and Jim Long, 2132 Silent Echoes Drive. Janacay Deen, 2861 Matese Dive, Director at New Song Christian Academy, stated that they are willing to adjust their start time to 8:30 a.m. to mitigate the traffic concerns. She noted the difficulty in locating the school offsite since they attend chapel once a week. Pastor Marta Poling-Goldenne, 1291 Cornet Drive, commented that relocating the school off the campus would be financially unfeasible for their congregation. The following residents voiced their opposition to this application due to concerns relating to increased traffic, safety, diminution of property values, parking, and noise: David Fusaro, 1480 Romanesca Drive; Michelle Richardson, 2183 Handel Avenue; Kerstan Hubbs and Mark DiPentino, 1242 Sonatino Drive; Mark DiPentino; Allan Kachuk, 1277 Corista Drive; and Michelle Shappie, 2004 Poetry Avenue. The following individuals did not speak, but filled out a comment card indicating their support for this item: Ray Thomas and Patty Duffy, 1735 Sebring Hills Drive; Rila Lambros, 144 Overlook Court; Kathryn Ramsdell, 2491 Sirius Star Street; and Ed and Brigitte Bridges, 1610 Black Fox Canyon. Henderson City Council Regular Meeting Page 35 of 41 October 2, 2012 – Minutes Mr. Pickard said the church has always reached out to the community and never tried to hide anything. He pointed out that much of the traffic congestion comes from Del Webb Middle School, which has 1,800 kids. He also noted that traffic for their school does not travel into the subdivision and is a minimal impact on the community. Pastor Poling-Goldene explained that he appeared before the Coventry Homeowners’ Association on August 3, 2011, showing plans for the kindergarten classroom that was added this year. He also displayed the design proposals for the future addition of the kindergarten through fifth grade school, and he received positive feedback during that meeting. He noted that the church would not be able to construct this school for approximately five years, and they would have no more than 140 students. Pastor Poling-Goldene pointed out that their school would focus on music and arts, all their teachers are certified and would provide a low teacher-to-student ratio. Responding to questions by Councilman Bateman, Pastor Poling-Goldene said they currently have 59 students enrolled, which includes three-year olds through kindergarten. He noted that they are allowed up to 62 students. Students moving on to second grade would have to go to public school or a different private school. Councilman Bateman questioned why the applicant is submitting this application now to allow ten students to advance from kindergarten to first grade in September 2013. Pastor Poling-Goldene replied that the Planning Commission suggested that the church establish a process to get rezoned. The church wants to build momentum with the younger children and provide building blocks to transition into primary school. He noted that the hours of the preschool and kindergarten are 9:00 a.m. to 2:45 p.m.; however, adjusting the starting time to 8:30 a.m. should address the traffic concerns. Councilman Marz said he sympathizes with the neighbors who bought homes in that community with the idea of having a community church, not a school with 140 students. Councilman Marz stated that he is not comfortable giving the applicant the opportunity to change the zoning without knowing the impact to the residents in that neighborhood when the property is completely built out. Councilwoman Schroder asked if additional buildings have been approved for this particular site. Mr. Foutz replied that the 2004 approval letter and the accompanying site plan show dotted lines for a future education building and sanctuary, but nothing has been approved. Henderson City Council Regular Meeting Page 36 of 41 October 2, 2012 – Minutes Councilwoman Schroder expressed concern that changing the start time will make the speed zone in that area even longer, and may still create traffic congestion. She agreed that approving the zone change could cause problems in the future. Councilwoman March said she stood at Del Webb Middle School, and the corner of Cornet Street and Reunion Drive to watch the traffic. She stated that there are traffic concerns that need to be addressed before any decision can be made. She also pointed out the importance of education. Councilwoman March believes that there has been a breakdown in communication and trust between the residents and the church. She noted that approving the PS zoning would open the door for future development on the property. Councilman Marz said there needs to be more open dialog and traffic studies conducted in the area. He suggested continuing this item to allow all parties to meet and the applicant to come back with specific plans for potential development of additional buildings and the school. Councilman Bateman questioned whether a motion for denial without prejudice would be better than a continuance. Mr. Pickard suggested that a traffic study be conducted to show the impact of 140 students on the neighborhood. Josh Reid, City Attorney, commented the motion for a denial without prejudice will allow the applicant to submit a new application any time. He noted that the Council also has the ability to place the conditions on the use permit. Mayor Hafen said he believes the vast majority of traffic that needs to be mitigated comes from Del Webb Middle School. John Penuelas, City Traffic Engineer, reported that staff recently conducted a traffic study on Cornet Street and Reunion Drive to address a general speeding concern. He also noted that they have been in contact with Del Webb Middle School to review their traffic circulation. He stated that traffic congestion in this area occurs during morning drop off and afternoon pickup. He reviewed findings in the report and stated that 62 students generate 255 trips per day; and 140 students generate 350 trips per day. Mr. Penuelas pointed out that hiring a third party to conduct a traffic study would not have different results. Responding to a question by Mayor Hafen as to whether staff can work with the School District to help provide a better traffic flow for Del Webb Middle School, Mr. Penuelas said Del Webb blocks their driveways to not allow for drop-off on the site. They are not interested in changing that process due to buses and other conflicts on their property. He stated that changing the traffic flow will not change the number of vehicles. Henderson City Council Regular Meeting Page 37 of 41 October 2, 2012 – Minutes Councilman Marz questioned whether an additional 350 trips per day will impact the neighborhood. Mr. Penuelas said 350 trips per day amounts to a 70-percent increase. The question is whether this range is considered livable or outrageous. Councilwoman March suggested that City staff play an engaged role to support more dialog between the church and the residents. Councilman Marz said if he was the church, he would be very concerned that 494 people signed a petition saying they do not want the school in their neighborhood. It would be much easier for him to make a decision on this matter if the residents and the church can reach a consensus. Mr. Foutz commented that a motion for denial without prejudice would allow the applicant to submit a new application which would go back through Planning Commission. He said the Council can also refer this item back to the Planning Commission with the instruction that the applicant will amend their application to include full build out. Councilwoman March suggested that working with Del Webb Middle School would be beneficial as well. Mr. Reid stated that a continuance to an unspecified date will require the application to be re-noticed. He said staff recommends a new application be submitted if there are considerable changes to consider. Mr. Foutz added that an item continued longer than 90 days would need to be re-noticed. He also noted that if the application is amended during the process, there is no application fee. Mr. Freggiaro said the church has no problems meeting with the homeowners’ association, and they would accept a continuance to work with the residents. Mayor Hafen stated that he would like the applicant to prepare an amended application for exactly what the church wants to do. He said he understands the Planning Commission’s recommendation; however, he does not think this item needs to go back before the Planning Commission. Mr. Reid pointed out that amending the application would require the item to be re-noticed without regard to what date the item is continued to. Mayor Hafen said he would prefer to continue this item to January 8, 2013, with the hope that the applicant will amend the application. The application will then come back before the Council. He also suggested that Councilwoman March try to get input from Del Webb Middle School and interaction from the homeowners’ association. Henderson City Council Regular Meeting Page 38 of 41 October 2, 2012 – Minutes Mr. Foutz will work with the applicant to review the amended plans for the notification. (Motion) Mayor Hafen moved to continue to this item to January 8, 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. NB-40 ACCOMPANYING BILL NO. 2683 FOR NB-39 ZONE CHANGE ZCA-12-500203 NEW SONG CHURCH COMMUNITY DEVELOPMENT 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 6, TOWNSHIP 23 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, ON 5.1 ACRES LOCATED AT THE NORTHWEST CORNER OF REUNION DRIVE AND CORNET STREET, IN THE ANTHEM PLANNING AREA FROM RS-6-MP (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) TO PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY), AND OTHER MATTERS RELATING THERETO. See discussion under NB-39. (Action) This item was moot due to the continuance of NB-39. NB-41 ACCOMPANYING BILL NO. 2684 FOR PH-24 ZONE CHANGE ZCA-12-500234 ROMANOFF INDUSTRIES COMMUNITY DEVELOPMENT Mayor Hafen introduced Bill No. 2684 and City Manager Snow read the Bill by title: Henderson City Council Regular Meeting Page 39 of 41 October 2, 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 1, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT1628 ATHOL AVENUE, IN THE EASTSIDE REDEVELOPMENT AND MIDWAY PLANNING AREAS, FROM MC-RD (CORRIDOR MIXED COMMERCIAL WITH REDEVELOPMENT OVERLAY) TO CH-RD (HIGHWAY COMMERCIAL WITH REDEVELOPMENT OVERLAY), AND OTHER MATTERS RELATING THERETO. David Shapiro, 871 Coronado Center Drive, representing the applicant, asked for an explanation regarding the approval process. Josh Reid, City Attorney, explained that approval by ordinance requires two meetings. This item is being read into title at this meeting and will be referred to the next committee meeting and approved at the next regular meeting. Tracy Foutz, Assistant Director of Planning and Neighborhood Services, apologized that Mr. Shapiro was not made aware that he did not need to stay after the items were approved under public hearings. Mr. Shapiro suggested that controversial items should be held to the end of the meeting so other applicants do not have to sit through hours of discussion. In response to a question by Councilwoman March regarding whether that process could be modified, Mr. Reid said this is a requirement of the City’s Charter and state law. He noted that staff is reviewing the Charter and will make recommendations to the legislature to streamline the process if possible. Mayor Hafen suggested that the items to be referred to the committee meeting could be moved up to be heard with accompanying public hearing items. Sabrina Mercadante, City Clerk, said staff will consider that. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2684 to the Committee Meeting of October 16, 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 40 of 41 October 2, 2012 – Minutes NB-42 ACCOMPANYING BILL NO. 2685 FOR PH-26 ZONE CHANGE ZCA-12-500186 MULTIFAMILY AT HORIZON RIDGE & CIELO ABIERTO COMMUNITY DEVELOPMENT Mayor Hafen introduced Bill No. 2685 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.B. & M., CLARK COUNTY, NEVADA, LOCATED ON THE NORTHEAST CORNER OF HORIZON RIDGE PARKWAY AND CIELO ABIERTO, IN THE MCCULLOUGH HILLS PLANNING AREA FROM CM-PUD (MIXED COMMERCIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO RM-16 (MEDIUM-DENSITY RESIDENTIAL), AND OTHER MATTERS RELATING THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2685 to the Committee Meeting of October 16, 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. NB-43 ACCOMPANYING BILL NO. 2686 FOR PH-28 ZONE CHANGE ZCA-12-500112-A1 SOUTHSHORE LOT 31 A COMMUNITY DEVELOPMENT Mayor Hafen introduced Bill No. 2686 and City Manager Snow read the Bill by title: Henderson City Council Regular Meeting Page 41 of 41 October 2, 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 23, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF STRADA DI CIRCOLO AND MEZZA LUNA COURT, IN THE LAKE LAS VEGAS PLANNING AREA, FROM RM-10- G-MP-H (MEDIUM-DENSITY RESIDENTIAL WITH GAMING, MASTER PLAN AND HILLSIDE OVERLAYS) TO RS-1-G-MP-H (LOW-DENSITY RESIDENTIAL WITH GAMING, MASTER PLAN AND HILLSIDE OVERLAYS), AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Schroder moved to refer Bill No. 2686 to the Committee Meeting of October 16, 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. XI. MAYOR/COUNCILMEMBER COMMENTS There were no Mayor and Councilmember Comments presented. XII. SET MEETING The Committee Meeting for October 16, 2012, was set for 6:45 p.m. XIII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 9:47 p.m. PASSED AND ADOPTED THIS 16th DAY OF OCTOBER, 2012. ______________________ Andy Hafen Mayor ATTEST: _______________________ Sabrina Mercadante, MMC City Clerk