City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING November 6, 2012 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:00 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Jacob Snow, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development and Services Jill Lynch, Budget Director Amber Ellis, Acting Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk Mayor Hafen announced that all City Council meetings are being streamed live to the Internet. III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Tracy Foutz, City of Henderson employee, and was followed by the Pledge of Allegiance. Mayor Hafen recognized Boy Scout Troop Nos. 18 and 947. Henderson City Council Regular Meeting Page 2 of 27 November 6, 2012 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the Agenda as amended: CA-5, changes were noted by the City Attorney. CA-18 was pulled for discussion. 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. CONSENT AGENDA (Motion) Councilman Sam Bateman moved to accept the Consent Agenda as amended: 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-1 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS OCTOBER 16, 2012 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of October 16, 2012. (Motion) Councilman Sam Bateman moved to adopt the City of Henderson City Council Committee and Regular Meeting minutes 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 3 of 27 November 6, 2012 – Minutes CA-2 AMEND CITY COUNCIL MINUTES OF AUGUST 7, 2012, PH-30 PREVIOUSLY ADOPTED AUGUST 21, 2012 CITY CLERK'S OFFICE Amend the City Council minutes of August 7, 2012, for item PH-30, Public Hearing, Appeal AP-05-12 for CUP-02540013-A1 and DRA-02-550011-A2, St. Francis of Assisi, previously adopted August 21, 2012. (Motion) Councilman Sam Bateman moved to adopt the amended City Council minutes of August 7, 2012, for item PH-30, Public Hearing, Appeal AP-05-12 for CUP-02540013-A1 and DRA-02-550011-A2, St. Francis of Assisi, previously adopted August 21, 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 ADDENDUM # 2 SOFTWARE LICENSE AND SERVICE AGREEMENT HALOGEN SOFTWARE, INC. CMTS NO. 123-12-29 DEPARTMENT OF INFORMATION TECHNOLOGY Addendum No. 2 to the Software License and Service Agreement dated October 16, 2009, Contract No. 05-2009-309 for three consecutive one-year renewal periods, beginning October 16, 2012, and continuing through October 15, 2015, with the first-year total cost $50,958.44, second-year total cost $50,958.44, third-year total cost $50,958.44, total cost for the three years will be $152,875.32, and authorize the City Manager to execute the renewals. (Motion) Councilman Sam Bateman moved to Approve Addendum No. 2 to the Software License and Service Agreement dated October 16, 2009, Contract No. 05-2009-309 for three consecutive one-year renewal periods, beginning October 16, 2012, and continuing through October 15, 2015, with the first-year total cost $50,958.44, second-year total cost $50,958.44, third-year total cost $50,958.44, total cost for the three years will be $152,875.32, 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 4 of 27 November 6, 2012 – Minutes CA-4 AMENDMENT NO. 1 ENGINEERING SERVICES AGREEMENT MCCULLOUGH HILLS TRAIL CONNECTION CMTS NO. 131-08-PR-126-001 PUBLIC WORKS DEPARTMENT/PARKS AND RECREATION Amendment No. 1 to the Professional Engineering Services Agreement with Kimley-Horn Associates, Inc., for additional design services on the McCullough Hills Trail Connection Project, in the amount of $25,000.00. (Motion) Councilman Sam Bateman moved to approve Amendment No. 1 to the Professional Engineering Services Agreement with Kimely-Horn Associates, Inc., for additional design services on the McCullough Hills Trail Connection Project, in the amount of $25,000.00. 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-5 SECOND AMENDMENT LAND PURCHASE AND SALE AGREEMENT UNION VILLAGE, LLC NORTHEAST CORNER OF US 93/95 AND GALLERIA DRIVE ECONOMIC DEVELOPMENT/REDEVELOPMENT, CITY MANAGER'S OFFICE Second Amendment to the Land Purchase and Sale Agreement with Union Village, approved by Henderson City Council on June 14, 2011, to extend the closing date of escrow by two months to January 13, 2013. Josh Reid, City Attorney, noted that a new agreement was posted on the web this evening with four additions to the Recitals Sections D through G, and one deletion from paragraph one of the agreement section on page 2. He read the following additions into the record: Recital D, City has not, to date, received evidence satisfactory to it from Developer of a firm and binding commitment for the construction of a hospital in accordance with Section 9.2 of the Purchase Agreement. Henderson City Council Regular Meeting Page 5 of 27 November 6, 2012 – Minutes Recital E, On April 19, 2011, the City of Henderson Redevelopment Agency and Developer entered into a Redevelopment Planning Agreement that called for the negotiation of an Owner Participation Agreement. Recital F, Subsequent to the RPA, the RDA and Developer have entered into negotiations for a potential OPA. Recital G, To date, there has been no commitment by the City or the RDA to a specific dollar amount or a percentage of tax increment, which could be committed through an executed OPA. Mr. Reid stated that in paragraph one, the last line was deleted to make clear that Union Village is not paying for the extension of time. He noted that these are positive changes and the extension is because of the progress Union Village has made and to allow time to get everything solidified to be a successful project. (Motion) Councilman Sam Bateman moved to approve the Second Amendment to the Land Purchase and Sale Agreement between the City of Henderson and Union Village, LLC, extending the escrow closing date to January 13, 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-6 AWARD INVITATION FOR BIDS (IFB) 105-13 TRAFFIC SIGNAL EQUIPMENT CMTS NOS. 131-13-TM-02, 131-13-TM-03, 131-13-TM-04, 131-13-TM-05 PUBLIC WORKS DEPARTMENT Award Invitation for Bids (IFB) 105-13, Traffic Signal Equipment to Sierra Transportation & Technologies for Lot 1 Items 1 and 2; Phoenix Highway Products, Inc. for Lot 1 Items 3, 4 and 5; Advanced Traffic Products, Inc., Lot 2; Sierra Transportation & Technologies Lot 3 and Lot 4; Spot Devices, Lot 5; and authorize the City Manager to execute the contracts, amendments and renewals. (Motion) Councilman Sam Bateman moved to award Invitation for Bids (IFB) 105-13, "Traffic Signal Equipment" to Sierra Transportation & Technologies for Lot 1 Items 1 and 2; Phoenix Highway Products, Inc. for Lot 1 Items 3, 4 and 5; Advanced Traffic Products, Inc., Lot 2; Sierra Transportation & Technologies Lot 3 and Lot 4; Spot Devices, Lot 5; and authorize the City Manager to execute the contracts, amendments and renewals. Henderson City Council Regular Meeting Page 6 of 27 November 6, 2012 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 GRANT AWARD FY 11 INTERNET CRIMES AGAINST CHILDREN GRANT CMTS NO. 211-12-2106-G0294 POLICE DEPARTMENT Additional grant award received from the Las Vegas Metropolitan Police Department for the City of Henderson Police Department to participate in the FY11 Internet Crimes Against Children Grant program, in the amount of $58,021.20. (Motion) Councilman Sam Bateman moved to ratify the additional grant award received from the Las Vegas Metropolitan Police Department for the City of Henderson Police Department to participate in the FY11 Internet Crimes Against Children Grant program, in the amount of $58,021.20. 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 LID CO-21 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 6 PUBLIC WORKS DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 6, LID CO-21, Horizon Ridge Parkway, dated September 11, 2012. (Motion) Councilman Sam Bateman moved to approve the Apportionment Report and Final Assessment Roll, Amendment No. 6, LID CO-21, Horizon Ridge Parkway, dated September 11, 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 7 of 27 November 6, 2012 – Minutes CA-9 IMPLEMENTATION OF ADDITIONAL ORGANIZATIONAL REVIEW RECOMMENDATIONS AFFECTING MULTIPLE DEPARTMENTS DEPARTMENT OF HUMAN RESOURCES Implementation of additional organizational review recommendations affecting multiple departments across the organization, resulting in a cost savings of $4,427.85 for the remainder of the current fiscal year. (Motion) Councilman Sam Bateman moved to approve the implementation of additional organizational review recommendations affecting multiple departments across the organization, resulting in a cost savings of $4,427.85 for the remainder of the current fiscal 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. CA-10 GRANT OF EASEMENT SOUTHWESTCO WIRELESS LP, D/B/A VERIZON WIRELESS MAGIC STAR CELL SITE PUBLIC WORKS DEPARTMENT Grant of easement to Southwestco Wireless, LP d/b/a Verizon Wireless for ingress and egress and grantee-owned utilities for the construction of a cell tower on City-owned property located in the Southwest Quarter (SW ¼) of Section 27, Township 22 South, Range 63 East, M.D.M., Henderson, Nevada, generally located Northwest of the UR-95 and Boulder Highway Interchange. (Motion) Councilman Sam Bateman moved to approve the grant of easement to Southwestco Wireless, LP d/b/a Verizon Wireless for ingress and egress and grantee-owned utilities for the construction of a cell tower on City-owned property located in the Southwest Quarter (SW ¼) of section 27 Township 22 South, Range 63 East, M.D.M., Henderson, Nevada, generally located Northwest of the UR-95 and Boulder Highway Interchange. 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 27 November 6, 2012 – Minutes CA-11 RIGHT-OF-WAY ROW-030-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-030-12, for a public trail easement for a portion of the Lake Mead Parkway Trail in the South Half of Section 33, Township 21 South, Range 63 East, M.D.M., generally located northeast of Athens Avenue and Lake Mead Parkway in the Foothills Planning Area. (Motion) Councilman Sam Bateman moved to accept right-of-way ROW-030-12, for a public trail easement for a portion of the Lake Mead Parkway Trail in the South Half of Section 33, Township 21 South, Range 63 East, M.D.M., generally located northeast of Athens Avenue and Lake Mead Parkway in the Foothills Planning Area. 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 RIGHT-OF-WAY ROW-031-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-031-12, for a portion of Weston Ridge Street in the Southeast Quarter of Section 31, Township 21 South, Range 63 East, M.D.M., generally located northeast of Galleria Drive and Weston Ridge Street in the Eastside Redevelopment Area and the Pittman Planning Area. (Motion) Councilman Sam Bateman moved to accept right-of-way ROW-031-12, for a portion of Weston Ridge Street in the Southeast Quarter of Section 31, Township 21 South, Range 63 East, M.D.M., generally located northeast of Galleria Drive and Weston Ridge Street in the Eastside Redevelopment Area and the Pittman Planning Area. 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 27 November 6, 2012 – Minutes CA-13 RIGHT-OF-WAY ROW-032-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-032-12, for a public drainage easement in the Southwest Quarter of Section 4, Township 22 South, Range 63 East, M.D.M., generally located northwest of Racetrack Road and Ithaca Avenue in the Foothills Planning Area. (Motion) Councilman Sam Bateman moved to accept right-of-way ROW-032-12, for a public drainage easement in the Southwest Quarter of Section 4, Township 22 South, Range 63 East, M.D.M., generally located northwest of Racetrack Road and Ithaca Avenue in the Foothills Planning Area. 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 BUSINESS LICENSE FULL LIQUOR OFF-SALE CVS / PHARMACY #5286 APPLICANT: WARM SPRINGS ROAD CVS, L.L.C. Administrative approval for the Full Liquor Off-Sale business license for Warm Springs Road CVS, L.L.C. dba CVS / Pharmacy #5286, 21 West Horizon Ridge Parkway, Henderson, Nevada 89012. (Motion) Councilman Sam Bateman moved to ratify the administrative approval for the Full Liquor Off-Sale business license for Warm Springs Road CVS, L.L.C. dba CVS / Pharmacy #5286, 21 West Horizon Ridge Parkway, Henderson, Nevada 89012. 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 27 November 6, 2012 – Minutes CA-15 BUSINESS LICENSE FULL LIQUOR OFF-SALE ART OF WORE LLC APPLICANT: ART OF WORE LLC Application for the Full Liquor Off-Sale business license for Art of Wore LLC, 7330 Eastgate Road, Suite 110, Henderson, Nevada, 89011. (Motion) Councilman Sam Bateman moved to approve the application for Full Liquor Off-Sale business license for Art of Wore LLC, 7330 Eastgate Road, Suite 110, Henderson, Nevada, 89011, pending payment of fees, proof of registration with the Nevada Department of Taxation, Southern Nevada Health District and required department approvals. The roll call vote favoring passage was: Those voting aye: 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 BUSINESS LICENSE CATEGORY B, CLASS I SECONDHAND DEALER (USED AUTO) ENTERPRISE CAR SALES APPLICANT: ENTERPRISE LEASING COMPANY-WEST, LLC Application for Category B, Class I Secondhand Dealer (Used Auto) business license for Enterprise Leasing Company-West, LLC, dba Enterprise Car Sales, 1050 West Warm Springs Road, Henderson, Nevada, 89014. (Motion) Councilman Sam Bateman moved to approve the application for Category B, Class I Secondhand Dealer (Used Auto) business license for Enterprise Leasing Company-West, LLC, dba Enterprise Car Sales, 1050 West Warm Springs Road, Henderson, Nevada, 89014, pending required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 11 of 27 November 6, 2012 – Minutes CA-17 VACATION VAC-12-500258 SUNRIDGE HEIGHTS APPLICANT: MGS SURVEYING Petition to vacate dedicated right-of-way and municipal utility easements in the Southwest Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located southwest of Sunridge Heights Parkway and Coronado Center Drive/Pecos Ridge Parkway, in the Westgate Planning Area. (Motion) Councilman Sam Bateman moved to approve VAC-12-500258, a petition to vacate dedicated right-of-way and municipal utility easements in the Southwest Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located southwest of Sunridge Heights Parkway and Coronado Center Drive/Pecos Ridge Parkway, in the Westgate Planning Area, subject to the following conditions. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Reserve easements to Southwest Gas Corporation and NV Energy. DEPARTMENT OF UTILITY SERVICES CONDITION 4. Vacation shall not occur until such time as the existing utility is abandoned and the new line is in place and accepted, with all appropriate easements granted and/or rights-of-way being dedicated. 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 27 November 6, 2012 – Minutes CA-18 ZONE CHANGE AMENDMENT ZCO-03-670044-A2 CONDITIONAL USE PERMIT CUP-12-500238 DESIGN REVIEW DRA-12-500239 HORIZON RIDGE AND ARROYO GRANDE FIRESTONE APPLICANT: BRIDGESTONE RETAIL OPERATIONS, LLC A) Amend a zone change to modify a condition of approval to allow for vehicle repair on a 1.1-acre portion of the overall site; B) Vehicle Repair; and C) Review of architecture for a vehicle repair facility; at 1499 West Horizon Ridge Parkway, in the MacDonald Ranch Planning Area. Stephanie Garcia-Vause, Director of Community Development and Services, presented a summary of this item and noted that the Planning Commission recommends approval. Ms. Garcia-Vause also read a letter into the record from Mr. Vlas Gomez regarding his and other residents’ opposition to this application. Gus Flangas, 3275 South Jones Boulevard, Las Vegas, 89146, representing the applicant, was present with George Garcia, GC Garcia; and Scott Hook, Director of Western Division for Bridgestone retail operations. Mr. Flangas asked that Condition 39 be revised to limit the sign illumination on the west elevation to 7:00 p.m., but allow the sign illumination on the north and east elevations to go to 10:00 p.m. Mr. Flangas referred to the conditional use permit application, and asked that Condition 6 be deleted as it is not feasible to work in the bays with the bay doors closed. He noted that noise attenuation is not an issue because the project is oriented towards the east and the residential neighbors are buffered by landscaping, solid walls, and Horizon Ridge Parkway and Arroyo Grande Boulevard. Mr. Flangas also mentioned that they will conduct a noise study subsequent to opening. Councilwoman March said she understands there has been some concern by the residents in the area and she would like to ensure that the noise will not be an issue. She suggested that Condition 6 be amended to read that the work be conducted indoors. Mr. Flangas concurred with this revised condition. Henderson City Council Regular Meeting Page 13 of 27 November 6, 2012 – Minutes Councilwoman March reemphasized that the signage lighting will be turned off on the side that faces west towards the residences. She said she believes it is important that the applicant work with the neighbors to address their concerns. George Garcia, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, stated that the applicant is required to conduct a noise study before and after they open, and comply with the City’s noise ordinance. Responding to a question by Mayor Hafen regarding the signage illumination, Ms. Garcia-Vause suggested that Condition 39 be amended to read that illumination for the north and east signage be in compliance with the master sign plan for the overall commercial center with a maximum time frame of 10:00 p.m. Mayor Hafen agreed and asked it come back in a year to be evaluated at staff level. Councilman Bateman clarified that the sign facing west will be turned off at 7:00 p.m. because it is closest to the residents. Mayor Hafen restated the condition change that Firestone sign illumination shall be limited to hours of operation for the west elevation and in accordance with the master sign plan for the center for the north and east elevations, subject to a one-year review by staff. Mr. Garcia commented that the current planned unit development allows up to 1:00 a.m. for hours of operation; however, the applicant has agreed to 10:00 p.m. He suggested sign illumination for the north and east elevations be limited to 10:00 p.m. Mayor Hafen inferred that the one-year review is not necessary since the applicant agreed to 10:00 p.m. Responding to a question by Councilwoman Schroder regarding a left-turn lane, Mr. Garcia said there is a condition requiring the applicant to submit a design and study to provide for a left-turn lane off Arroyo Grande Boulevard. He noted that this would involve removing the existing median to provide for a safe left-turn into the center. (Motion) Mayor Hafen moved to concur in the recommendation of staff and approve ZCO-03-670044-A2, CUP-12-500238, and DRA-12-500239, subject to findings of fact, conditions, and waivers; and revised Condition 39, Firestone sign illumination shall be limited to 7:00 p.m. for the west elevation and 10:00 p.m. for the north and east elevations; and on the conditional use permit, Condition 6 will read, All repair work shall be conducted indoors. Henderson City Council Regular Meeting Page 14 of 27 November 6, 2012 – Minutes 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; and PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. 3. Driveways shall be constructed per Clark County Area Standard Drawing Nos. 226.1 and 226.2. 4. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate all necessary right-of-way. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate all necessary right-of-way. 6. Applicant shall dedicate right-of-way per Public Works' requirements. 7. Applicant shall comply with Standard Drawing No. 201.01, which refers to major intersections and dedicate any necessary right-of-way. 8. Applicant must apply to Council for approval to cut a 5-year no-cut street. If the applicant receives approval, all offsite improvements must be completed within 9 months of entitlement approvals. Henderson City Council Regular Meeting Page 15 of 27 November 6, 2012 – Minutes 9. Applicant to request left turn lane on Arroyo Grande Boulevard, if approved through a Traffic Study. DEPARTMENT OF UTILITY SERVICES CONDITIONS 10. Applicant shall submit a utility plan and a utility analysis for Utilities' approval. 11. Applicant shall comply with the requirements of the master utility plan established for the project location. 12. Applicant shall participate in the Southwest Henderson Refunding Agreement for sewer & water. 13. Applicant shall grant a municipal utility easement per Utility and Public Works' requirements. 14. Applicant shall pay water main extension fees in accordance with HMC 13.04.040. 15. Applicant shall pay sewer main extension fees in accordance with HMC 13.08.040. 16. All onsite utilities shall remain privately owned and maintained. 17. Applicant shall grant municipal utility easement for the existing 8-inch sewer line on the northwest portion of the property in accordance with the requirements of the Department of Utility Services. 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. 18. 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. 19. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 20. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational prior to starting construction or moving combustibles on site. 21. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 22. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 23. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. Henderson City Council Regular Meeting Page 16 of 27 November 6, 2012 – Minutes 24. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 25. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 26. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 27. 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. 28. 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. 29. All walls visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. The use of colored, common gray or painted CMU block shall not be permitted. 30. 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. 31. 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. 32. Prior to subdividing any portion of this site, applicant shall obtain approval of a design review for specific buildings and use permits, if required, for uses on the portion being subdivided. 33. With the exception of one fast-food drive-through and one vehicle repair service facility, all uses shall be limited to uses permitted within the CN District. Permitted uses, prohibited uses, restricted uses, limited uses, and property development standards shall be as approved by this application. In the case of a conflict between the approved uses and property development standards and City ordinances, unless specifically approved as a waiver, the most restrictive shall prevail. (Amended A2) 34. Hours of operation shall be limited to 6 AM to 1 AM, seven days a week. A condition has been added to CUP-12-500238 to limit the hours of operation for vehicle repair. (Amended A2) Henderson City Council Regular Meeting Page 17 of 27 November 6, 2012 – Minutes 35. Approval subject to the following applicable conditions between Rancho Arroyo Grande Homeowners Association (RAG) and G.C. Garcia agreement dated October 16, 2003: 1) Install six (6) 24-inch box trees, one dozen 5-gallon shrubs and add additional rock to augment and blend as necessary along the RAG (north) side of Horizon Ridge Parkway to enhance and help shield the RAG neighborhood from noise and light intrusion at night. The RAG preference is for a different type of drought-tolerant tree, such as the Chitalpa; although at a minimum, Mondel Pines trees shall be used. RAG will work with the developers to determine placement of trees and shrubs and provide permission to perform the work on RAG common area. The developer reserves the option to bid the work and then either install or provide sufficient funds to RAG for installation. All work shall be done prior to any Certificate of Occupancy for any building. 2) All lighting on subject project/property shall be soft lighting and designed to project downward so as not to illuminate beyond the shopping plaza property. 3) Subject properties shall not use speaker boxes and loud speakers. RAG will consider the use of low-decibel variable speaker boxes with the following conditions: If the speaker box being utilized does not perform adequately and complaints are brought forth by the RAG, due to the volume of the speaker box, the operator or property owner will have fourteen (14) days to remediate the complaint to the homeowner's satisfaction or they will remove/discontinue the use of the speaker box. 4) All freestanding signs shall be ground-type monument signs and shall not exceed 12 feet in height and 15 feet in width and shall be subject to a Master Sign Plan approved by the City of Henderson. Any revisions shall be presented to RAG and to the City for an amended master sign plan. 5) The building design, color and building material scheme must be similar to those presented to the homeowners and as approved by the City of Henderson as part of the Planned Unit Development (PUD). Any substantial revisions will require an amendment to the PUD as required by the Henderson Code and be presented to RAG. 6) The drive-through lane shall be screened with a decorative wall and or landscaping that blocks the headlights from being visible to the RAG homes. 7) Garbage pickup shall be prohibited between the hours of 1:00 a.m. and 6:00 a.m. Henderson City Council Regular Meeting Page 18 of 27 November 6, 2012 – Minutes 8) Construction of the site improvements and shell building shall be restricted to the hours of 6:00 a.m. to 9:00 p.m. including use of construction vehicles and tools. 36. Trash enclosure shall be located minimum 50 feet from residential property line. 37. 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. 38. The applicant shall update the Horizon Ridge Commercial Center PUD Design & Development Guidelines to allow for the Vehicle Repair use under the Land Use section, prior to issuance of a Building Permit. This updated document shall be provided to Community Development in paper and electronic format. (A2) 39. Firestone sign illumination shall be limited to 7:00 p.m. for the west elevation and 10:00 p.m. for the north and east elevations. WAIVER a. Allow a rear setback of 23 feet where 31 feet is required CUP-12-500238 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. Henderson City Council Regular Meeting Page 19 of 27 November 6, 2012 – Minutes PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall revise Civil Improvement Plans per Public Works' requirements. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4. This conditional use permit for a Vehicle Repair use shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 5. Applicant shall comply with all conditions of approval for ZCO-03-670044-A2. 6. All repair work shall be conducted indoors. 7. Deliveries shall be limited to the hours of operation; no deliveries on Sundays. 8. The hours of operation shall be limited to Monday through Sunday, 7:00 a.m. to 7:00 p.m. 9. The applicant shall submit to the Community Development Department, a letter from an Acoustical Expert demonstrating/certifying the vehicle/equipment repair facility is operating in compliance with City Codes no later than 30 days after the store is open and operating. Furthermore, the applicant acknowledges that it is the applicant’s responsibility to design, build and operate a facility that is compliant with the noise regulations of the City. If however, in the event, after construction the facility is not compliant the applicant shall take such steps as necessary to achieve compliance with the HMC 19.7.8-2 and HMC 8.84 within 45 days. DRA-12-500239 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. Henderson City Council Regular Meeting Page 20 of 27 November 6, 2012 – Minutes 2. Mapping shall be completed prior to approval of Civil Improvement Plans. 3. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works' requirements and provide proof of vacation prior to approval of Civil Improvement Plans. 4. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 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. 5. 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. 6. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 7. 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. 8. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 9. 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. 10. Applicant shall obtain a Fire Department permit for repair garage, tire/high-piled storage, hazmat storage, etc. as applicable prior to engaging in a hazardous activity or use. 11. Applicant shall submit an HMIS along with building permit application. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 12. 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. 13. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. Henderson City Council Regular Meeting Page 21 of 27 November 6, 2012 – Minutes 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 21. Applicant shall comply with all conditions of approval for ZCO-03- 670044-A2 and CUP-12-500238. 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 27 November 6, 2012 – Minutes VI. PUBLIC HEARINGS PH-19 PUBLIC HEARING COMMERCIAL LEASE NEVADA STATE COLLEGE CMTS NO. 131-09-CM-024 PUBLIC WORKS DEPARTMENT Public Hearing to receive comments on a commercial lease of 5.49 acres of real property and building located at 1125 Nevada State Drive, in the Southwest Quarter (SW ¼) of Section 34, Township 22 South, Range 63 East, M.D.M. City of Henderson, Clark County, Nevada to the Board of Regents of the Nevada System of Higher Education on behalf of Nevada State College. Jacob Snow, City Manager, noted that Nevada State College has been leasing this property since 2001 and has made extensive improvements to the property. He said staff recommends approving the lease for ten years. Michael Kidd, City Surveyor, stated that this lease renewal is for a period of ten years at a nominal fee of $10.00 per year. Mayor Hafen opened the public hearing at 7:20 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. Mayor Hafen noted that a representative from Nevada State College is present. (Motion) Councilwoman Gerri Schroder moved to accept Public Comment regarding the Commercial Lease with the Board of Regents of the Nevada System of Higher Education on behalf of Nevada State College for property located at 1125 Nevada State Drive, Henderson, Nevada. 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 23 of 27 November 6, 2012 – Minutes PH-20 ACCOMPANYING COMMERCIAL LEASE FOR PH-19 NEVADA STATE COLLEGE 1125 NEVADA STATE DRIVE PUBLIC WORKS DEPARTMENT Commercial Lease of City-owned property located at 1125 Nevada State Drive to the Board of Regents of the Nevada System of Higher Education, on behalf of Nevada State College. (Motion) Councilwoman Gerri Schroder moved to approve Commercial Lease of City-owned property located at 1125 Nevada State Drive to the Board of Regents of the Nevada System of Higher Education, on behalf of Nevada State College. 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 Gil Silva, 116 Elm Street, thanked the Utility Services Department for taking care of several water leaks on Elm Street. He also recognized female students from Lake Mead Christian Academy for painting curbs by the fire hydrants. Michael Pickard, 75 East Atlantic, Apartment 1, discussed his abilities to form rock statues through spiritual guidance. He showed a video displaying rock statues he stacked and asked the Council to put his resources to work for the city to show off the gift God gave him. VIII. UNFINISHED BUSINESS UB-21 BILL NO. 2687 REDEVELOPMENT PLAN AMENDMENT EASTSIDE REDEVELOPMENT AREA ECONOMIC DEVELOPMENT/REDEVELOPMENT Bill No. 2687 was introduced and read by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING A PLAN AMENDMENT TO THE REDEVELOPMENT PLAN BY ADDING 58 ACRES TO THE EASTSIDE REDEVELOPMENT AREA. Henderson City Council Regular Meeting Page 24 of 27 November 6, 2012 – Minutes (Motion) Mayor Andy Hafen moved to adopt Bill No. 2687 as Ordinance No. 2980. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. IX. NEW BUSINESS NB-22 FINANCIAL UPDATE FINANCE DEPARTMENT Presentation and update by the Finance Department on the current financial position of the City. Jill Lynch, Budget Manager, reported that the consolidated tax revenue for August was $6.4 million. The largest increases in taxable sales were in the areas of motor vehicle and parts dealers, clothing and clothing accessories, general merchandize stores, and merchant wholesalers. She said staff is continuing to wind down their work on the long-term structural revisions to the consolidated tax formula and is currently working on a draft resolution of support for City Council consideration in December or January. (Motion) Mayor Andy Hafen moved to accept the presentation and update by the Finance Department on the current financial position of the City. The roll call vote favoring passage was: Those voting aye: 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-23 CALENDAR YEAR 2013 RDA AND CITY COUNCIL MEETINGS CITY CLERK'S OFFICE Schedule meeting dates for 2013 RDA and City Council meetings per Henderson City Charter Section 2.040, Meeting: Quorum. Henderson City Council Regular Meeting Page 25 of 27 November 6, 2012 – Minutes (Motion) Mayor Andy Hafen moved to approve the RDA and City Council Meeting schedule for 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-24 APPOINTMENT (MAYOR HAFEN) COMMISSION ON CULTURAL ARTS & TOURISM CULTURAL ARTS AND TOURISM One appointment by Mayor Hafen to the Commission on Cultural Arts & Tourism, to fill the vacancy left by Michael Moreno, with term to expire June 30, 2015. (Motion) Mayor Andy Hafen moved to appoint Mark Birtha to the Commission on Cultural Arts and Tourism, 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-25 APPOINTMENT (MAYOR HAFEN) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADVISORY COMMITTEE (PAC) NEIGHBORHOOD SERVICES One appointment by Mayor Hafen to the Community Development Block Grant (CDBG) Program Advisory Committee (PAC) to fill the vacancy left by Eric D'Richards with term to expire June 30, 2013. (Motion) Mayor Andy Hafen moved to appoint Mary Marriott to the Community Development Block Grant (CDBG) Program Advisory Committee (PAC) 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 26 of 27 November 6, 2012 – Minutes NB-26 ACCOMPANYING BILL NO. 2688 FOR CA-18 ZCO-03-670044-A2 HORIZON RIDGE AND ARROYO GRANDE FIRESTONE APPLICANT: COMMUNITY DEVELOPMENT AND BRIDGESTONE RETAIL OPERATIONS, LLC Bill No. 2688 was introduced and read 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 21, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT 1499 WEST HORIZON RIDGE PARKWAY FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO CC-PUD (COMMUNITY COMMERCIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO MODIFY A CONDITION OF APPROVAL TO ALLOW FOR VEHICLE REPAIR ON A 1.1-ACRE PORTION OF THE OVERALL SITE AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Gerri Schroder moved to refer Bill No. 2688 to the Committee meeting of November 20, 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. X. MAYOR\COUNCILMEMBER COMMENTS There were no Mayor or Councilmember comments presented. XI. SET MEETING The Committee Meeting for November 20, 2012, was set for 6:45 p.m. Henderson City Council Regular Meeting Page 27 of 27 November 6, 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 7:31 p.m. PASSED AND ADOPTED THIS 20th DAY OF NOVEMBER, 2012. ______________________ Andy Hafen Mayor ATTEST: _______________________ Sabrina Mercadante, MMC City Clerk