City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING January 15, 2013 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:01 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 Richard Derrick, Finance Director Jonathon Nunes, Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Pastor John Bagwell, Giving Life Ministries, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 21 January 15, 2013 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended: CA-11 – The CMTS number on the agenda and agenda item was corrected to “131-10-ST-186-002”. 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. Mayor Hafen recognized Boy Scout Troop No. 903 for their support of a commendation to Congregation Ner Tamid Community Garden. Mayor Hafen also recognized Boy Scout Troop No. 950. V. PRESENTATIONS PR-1 COMMENDATION CONGREGATION NER TAMID COMMUNITY GARDEN COMMUNICATIONS AND COUNCIL SUPPORT Commendation for those responsible for planning, building and planting the Congregation Ner Tamid Community Garden. (Action) City Manager Snow read the Commendation for those responsible for planning, building and planting the Congregation Ner Tamid Community Garden, which was presented to Rabbi Sadie Reuben, Jace Scholes, Roberta Unger, and Mindy Unger-Wadkins by the Mayor and Council. VI. CONSENT AGENDA CA-2 MINUTES JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING DECEMBER 3, 2012 CITY CLERK'S OFFICE City of Henderson Joint City Council and Planning Commission Meeting minutes of December 3, 2012. Henderson City Council Regular Meeting Page 3 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to adopt the Joint City Council and Planning Commission Meeting minutes of December 3, 2012. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-3 CASH REQUIREMENTS REGISTER NOVEMBER 28, 2012, THROUGH DECEMBER 18, 2012 FINANCE DEPARTMENT Cash requirements for the period of November 28, 2012, through December 18, 2012, in the amount of $18,544,041.15. (Motion) Councilman Sam Bateman moved to approve the Cash Requirements Register for the period of November 28, 2012, through December 18, 2012, in the amount of $18,544,041.15. 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 HISTORIC PRESERVATION FUNDS (FEDERAL GRANT) STATE HISTORIC PRESERVATION OFFICE CMTS NO. 132-12-STATE OF NEVADA HPF COMMUNITY DEVELOPMENT, NEIGHBORHOOD SERVICES Agreement between the City of Henderson and the State of Nevada, State Historic Preservation Office, for $19,000.00 in 2012 Historic Preservation Funds (Federal Grant), with a general fund salaries match of $13,009.00, to allow the City of Henderson to develop a Historic Preservation Plan. Henderson City Council Regular Meeting Page 4 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve the Agreement between the City of Henderson and the State of Nevada, State Historic Preservation Office, for $19,000.00 in 2012 Historic Preservation Funds (Federal Grant), with a general fund salaries match of $13,009.00, to allow the City of Henderson to develop a Historic Preservation Plan. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 PROFESSIONAL SERVICES AGREEMENT LOCAL IMPROVEMENT DISTRICT (LID) SERVICES ON T-18, INSPIRADA HARRIS AND ASSOCIATES CMTS NO. 131-12-ES-008 PUBLIC WORKS DEPARTMENT Professional Services Agreement between the City of Henderson and Harris and Associates for management of Local Improvement District (LID) T-18, Inspirada. (Motion) Councilman Sam Bateman moved to approve the Professional Services Agreement between the City of Henderson and Harris and Associates for management of Local Improvement District (LID) T-18, Inspirada. 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 AMENDMENT NO. 1 ARROYO GRANDE PARK RENOVATION PROJECT SPECIAL INSPECTIONS AND MATERIALS TESTING CMTS NO. 131-10-PR-166-006 PUBLIC WORKS DEPARTMENT Amendment No. 1 to the Professional Design Services Agreement between the City of Henderson and Converse Consultants for the Arroyo Grande Park Renovation Project Special Inspections and Materials Testing, in the amount of $15,000.00. Henderson City Council Regular Meeting Page 5 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve Amendment No. 1 to the Professional Design Services Agreement for the Arroyo Grande Park Renovation Project Special Inspections and Materials Testing, with Converse Consultants, in the amount of $15,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 AMENDMENT NO. 2 WHITNEY MESA TRAIL AND TRAILHEAD CMTS NO. 131-11-PR-168-001 PUBLIC WORKS DEPARTMENT Amendment No. 2 to the Professional Design Services Agreement between the City of Henderson and JW Zunino & Associates for the Whitney Mesa Trail and Trailhead and Whitney Mesa Nature Preserve Phase II Project, to provide for post design services in the amount of $30,000.00. (Motion) Councilman Sam Bateman moved to approve Amendment No. 2 to the Professional Design Services Agreement between the City of Henderson and JW Zunino & Associates for the Whitney Mesa Trail and Trailhead and Whitney Mesa Nature Preserve Phase II Project in the amount of $30,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT VARIOUS CONSTRUCTION PHASE SERVICES CMTS NO. 131-11-PR-046-004 PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Amendment No. 2 to Professional Services Agreement for various construction phase services between the City of Henderson and Jacobs Project Management Company, for construction of the Cornerstone Park and Arroyo Grande Park Renovation Projects, in the amount of $89,378.00. Henderson City Council Regular Meeting Page 6 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve Amendment No. 2 to Professional Services Agreement for various construction phase services between the City of Henderson and Jacobs Project Management Company, for construction of the Cornerstone Park and Arroyo Grande Park Renovation Projects, in the amount of $89,378.00. 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 AMENDMENT NO. 2 PITTMAN WASH - UPRR TO SANTIAGO CMTS NO. 131-10-FC-084-005 PUBLIC WORKS DEPARTMENT Amendment No. 2 to the Professional Design Services Agreement between the City of Henderson and VTN Nevada for the Pittman Wash - UPRR to Santiago Project to provide supplemental design services in the amount of $65,000.00. (Motion) Councilman Sam Bateman moved to approve Amendment No. 2 to the Professional Design Services Agreement between the City of Henderson and VTN Nevada for the Pittman Wash - UPRR to Santiago Project to provide supplemental design services in the amount of $65,000.00. 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-10 AMENDMENT NO. 5 ENGINEERING SERVICES AGREEMENT SNPLMA UNION PACIFIC RAILROAD (UPRR) TRAIL PROJECT PHASE III CMTS NO. 131-11-PR-157-007 PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Amendment No. 5 to the Southern Nevada Public Lands Management Act (SNPLMA) Union Pacific Railroad (UPRR) Trail Phase III Project Engineering Services Agreement between the City of Henderson and GC Wallace, for additional design services in the amount of $494,650.00. Henderson City Council Regular Meeting Page 7 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve Amendment No. 5 to the Southern Nevada Public Lands Management Act (SNPLMA) Union Pacific Railroad (UPRR) Trail Phase III Project Engineering Services Agreement between the City of Henderson and GC Wallace, for additional design services in the amount of $494,650.00. 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-11 AWARD CONSTRUCTION CONTRACT SUNSET ROAD / I-515 LANDSCAPING PROJECT CMTS NO. 131-11-ST-186-002 PUBLIC WORKS DEPARTMENT Construction Contract for Contract No. 131-11-ST-186-002, Sunset Road/I-515 Landscaping Project, to be awarded to Construction Services Unlimited, Inc., in the amount of $917,879.78. (Motion) Councilman Sam Bateman moved to award Contract No. 131-10-ST-186-002, Sunset Road/I-515 Landscaping Project, to Construction Services Unlimited, Inc. in the amount of $917,879.78. 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 AWARD OF CONTRACT BLACK MOUNTAIN AQUATICS COMPLEX POOL DECK RENOVATION PROJECT CMTS NO. 411-13-PKS-003 PARKS AND RECREATION Award of contract to CB Construction to repair and refurbish the pool deck at the Black Mountain Aquatics Complex, in the amount of $68,750.00 and augment the project budget to include $7,000.00 in contingency funds, and authorize the City Manager (or his designee pursuant to Policy 1300-01) to execute the agreement for the City. Henderson City Council Regular Meeting Page 8 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to award the contract to CB Construction to repair and refurbish the pool deck at the Black Mountain Aquatics Complex, in the amount of $68,750.00 and augment the project budget to include $7,000.00 in contingency funds, and authorize the City Manager (or his designee pursuant to Policy 1300-01) to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 CHANGE ORDER NO. 12 CORNERSTONE PARK CMTS NO. 131-11-PR-046-001 PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Change Order No. 12 for Cornerstone Park, between the City of Henderson and APCO Construction, for storm damage sustained to the project, in the amount of $195,930.98. (Motion) Councilman Sam Bateman moved to approve Change Order No. 12 for Cornerstone Park, between the City of Henderson and APCO Construction, for storm damage sustained to the project, in the amount of $195,930.98. 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 FINAL ADJUSTMENT OF QUANTITIES (FAQ) CHANGE ORDER UPRR TRAIL (SOUTH) CMTS NO. 131-11-PR-157-002 PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Final Adjustment of Quantities (FAQ) Change Order for Union Pacific Railroad (UPRR) Trail (South), between the City of Henderson and APCO Construction, for work associated with project grading, irrigation system, electrical systems, asphalt patching and placement of landscaping boulders as a theft deterrent on electrical boxes for both the lighting and irrigation systems, and general condition costs compensation for 33 days with field office overhead, in the total amount of $86,999.46. Henderson City Council Regular Meeting Page 9 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve Final Adjustment of Quantities (FAQ) Change Order for Union Pacific Railroad (UPRR) Trail (South), between the City of Henderson and APCO Construction, for work associated with project grading, irrigation system, electrical systems, asphalt patching and placement of landscaping boulders as a theft deterrent on electrical boxes for both the lighting and irrigation systems, and general condition costs compensation for 33 days with field office overhead, in the total amount of $86,999.46. 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 EQUIPMENT PURCHASE EMERGENCY VEHICLE EQUIPMENT AND OUTFITTING CMTS NO. 131-11-SSFL-200 PUBLIC WORKS DEPARTMENT Purchase of emergency equipment and vehicle outfitting services from Advanced Vehicle Products (AVP), 210 Foster Avenue, Henderson, NV 89011, utilizing the state of Utah contract numbers: AR1439 and MA293, in an amount not to exceed $347,185.18. (Motion) Councilman Sam Bateman moved to approve the purchase of emergency equipment and vehicle outfitting services from Advanced Vehicle Products (AVP), 210 Foster Avenue, Henderson, NV 89011, utilizing the state of Utah contract numbers: AR1439 and MA293, in an amount not to exceed $347,185.18. 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 PROJECT BUDGET AUGMENTATION LAKE LAS VEGAS LIFT STATIONS UPGRADES - PHASE 1 DEPARTMENT OF UTILITY SERVICES Budget augmentation in the amount of $100,000.00 for the Lake Las Vegas Lift Stations Upgrades - Phase 1 project. Henderson City Council Regular Meeting Page 10 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve a budget augmentation in the amount of $100,000.00 for the Lake Las Vegas Lift Stations Upgrades – Phase 1 project. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-17 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICT (LID) T-13, T-14, T-15, T-16, T-17 AND T- 18 FINANCE DEPARTMENT Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-13, T-14, T-15, T-16, T-17 and T-18, set the date of the sale for April 23, 2013, and accelerate the assessment amounts due on parcels whose total taxable assessed value is greater than the pay-off of the entire assessment and not accelerate for parcels whose taxable assessed value is less than the pay-off of the assessment, so that only the delinquent balance becomes due and payable. (Motion) Councilman Sam Bateman moved to approve the Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-13, T-14, T-15, T-16, T-17 and T-18, set the date of the sale for April 23, 2013, and accelerate the assessment amounts due on parcels whose total assessed taxable value is greater than the pay-off amount and not accelerate for parcels whose taxable assessed value is less than the pay-off of the assessment, so that only the delinquent balance becomes due and payable. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 RIGHT-OF-WAY ROW-043-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-043-12, for the southeast spandrel of Gibson Road and American Pacific Drive in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and Henderson City Council Regular Meeting Page 11 of 21 January 15, 2013 – Minutes American Pacific Drive in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-043-12, for the southeast spandrel of Gibson Road and American Pacific Drive in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area, subject to the following condition: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 RIGHT-OF-WAY ROW-045-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-045-12, for an easement for municipal utilities and traffic control facilities in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-045-12, for an easement for municipal utilities and traffic control facilities in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area, subject to the following condition: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 21 January 15, 2013 – Minutes CA-20 RIGHT-OF-WAY ROW-044-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-044-12, for the easterly driveway along American Pacific Drive in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-044-12, for the easterly driveway along American Pacific Drive in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area, subject to the following condition: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 RIGHT-OF-WAY ROW-046-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-046-12, for the northerly driveway Gibson Road in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-046-12, for the northerly driveway along Gibson Road in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area, subject to the following condition: Henderson City Council Regular Meeting Page 13 of 21 January 15, 2013 – Minutes 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 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 RIGHT-OF-WAY ROW-047-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-047-12, for the southerly driveway Gibson Road in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-047-12, for the southerly driveway along Gibson Road in the Northwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and American Pacific Drive in the Gibson Springs Planning Area, subject to the following condition: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 RIGHT-OF-WAY ROW-048-12 PUBLIC WORKS DEPARTMENT Right-of-way ROW-048-12, for portions of Lake Las Vegas Parkway, Lake Mead Parkway and Via Vin Santo of Section 27 and 34, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Mead Parkway and Magic Way in the Lake Las Vegas Planning Area. Henderson City Council Regular Meeting Page 14 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to accept ROW-048-12, for portions of Lake Las Vegas Parkway, Lake Mead Parkway and Via Vin Santo of Section 27 and 34, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Mead Parkway and Magic Way in the Lake Las Vegas 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-24 REAL PROPERTY RP-006-12 PUBLIC WORKS DEPARTMENT Real property RP-006-12, for vacated right-of-way for a portion of the Sunset Way cul-de-sac in the Southwest Quarter of Section 33, Township 21 South, Range 62 East, M.D.M., generally located northeast of Sunset Road and Mountain Vista Street in the Whitney Ranch Planning Area. (Motion) Councilman Sam Bateman moved to accept real property RP-006-12, for vacated right-of-way for a portion of the Sunset Way cul-de-sac in the Southwest Quarter of Section 33, Township 21 South, Range 62 East, M.D.M., generally located northeast of Sunset Road and Mountain Vista Street in the Whitney Ranch 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-25 BUSINESS LICENSE PUBLIC UTILITY LICENSE FEE EXEMPTION TH FOODS, INC. APPLICANT: TH FOODS, INC. Application for exemption from payment of the public utility license fee for natural gas and electric consumption for TH Foods, Inc., 160 Gallagher Crest Road, Suite 100, Henderson, NV 89074. Henderson City Council Regular Meeting Page 15 of 21 January 15, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve the application for exemption from the payment of the public utility license fee for natural gas and electric consumption for TH Foods, Inc., 160 Gallagher Crest Road, Suite 100, Henderson, NV 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. BILLS TO BE READ INTO TITLE B-26 BILL NO. 2701 LID T-13 SERIES 2013 REFUNDING BONDS FINANCE DEPARTMENT Jacob Snow introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, DESCRIBING CERTAIN RECITALS, MAKING CERTAIN FINDINGS, AUTHORIZING CERTAIN ACTIONS, INCLUDING THE ISSUANCE OF LIMITED OBLIGATION REFUNDING BONDS OF SAID CITY, AND THE EXECUTION AND DELIVERY OF SPECIFIED AGREEMENTS, DOCUMENTS AND INSTRUMENTS, APPROVING CERTAIN MATTERS RELATING THERETO, AMENDING ORDINANCE NO. 2097 AND PROVIDING THE EFFECTIVE DATE HEREOF. (Motion) Mayor Andy Hafen moved to refer Bill No. 2701 to the Committee meeting of February 5, 2013, 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. VIII. PUBLIC COMMENT Gil Silva, 116 Elm Street, voiced security concerns at City Hall and suggested the security guards should be armed. Henderson City Council Regular Meeting Page 16 of 21 January 15, 2013 – Minutes IX. NEW BUSINESS NB-27 MAINTAINING AND ENHANCING QUALITY OF LIFE IN OUR MATURE NEIGHBORHOODS COMMUNITY DEVELOPMENT Provide update of research and existing programs to the City Council for issues impacting neighborhoods and ways to assist in preserving and maintaining the quality of life and vibrancy of neighborhoods in the City. Scott Majewski, Principal Planner, reported that staff has not been able to find many external funding sources to fund programs to maintain and enhance quality of life in mature neighborhoods. He noted that staff intends to schedule a workshop with Council to get policy direction on some programs and discuss funding options. Mr. Majewski stated that staff has looked at the Royal Oaks issue along Warm Springs Road and determined that the City can assume that property through public access easements or get that property dedicated to the City. He said it would cost approximately $140,000.00 to rehab the existing walls, landscaping, and irrigation for the section on Warm Springs Road. There would be also be an added cost of $800.00 per month the City would pay to maintain the landscaping. Mr. Majewski noted that staff will also meet with the residents in that area to review the process. Responding to a question by Mayor Hafen as to whether staff has assessed all wards, Mr. Majewski explained that many neighborhoods are maintained by homeowner associations. He has toured wards with Councilwoman Schroder and Councilman Marz. Mayor Hafen asked staff to review the assessment of current needs to determine a funding projection for future needs. He agreed that these maintenance issues should be addressed to maintain the quality of life in the neighborhoods. Mr. Majewski commented that it will be imperative to get the neighbors on board. If the neighborhood does not have a homeowners’ association, the residents can work with the City to create a neighborhood association, which could help them qualify for some of the matching funding currently offered by the City. Henderson City Council Regular Meeting Page 17 of 21 January 15, 2013 – Minutes Councilwoman March thanked Mr. Majewski and code enforcement staff for cleaning up temporary signage along Eastern Avenue. With regard to the properties on Warm Springs Road, she asked if staff has explored creating a landscape improvement district. Mr. Majewski replied that this option is outlined in the Code; however, the residents in the Royal Oaks community were not interested in this option several years ago. He noted that staff will present this option again in case there are different homeowners who might be interested in creating a landscape improvement district. Councilman Marz said one issue is finding proper funding to maintain streetscapes in the older areas of town where there are no homeowners’ associations. The second issue is to make sure the City’s regulations and codes hold homeowners’ associations responsible to live up to their obligations to maintain their streetscapes. He suggested that it would be wise for staff to review all bylaws of homeowner associations that border major thoroughfares to ensure the City has enforcement abilities. Councilman Bateman commented that the City should be somewhat consistent in finding a balance between paying for maintenance issues through assessments versus homeowners paying to maintain their property. Councilwoman Schroder noted that staff should also look at a balance of how to improve the areas while helping residents to improve their homes. She said some residents do not have the ability to pay for needed improvements. Councilwoman Schroder said she thinks a workshop is a good idea to address these issues. (Motion) Mayor Andy Hafen moved to accept the update presented to the City Council for issues impacting our older, maturing neighborhoods. 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 18 of 21 January 15, 2013 – Minutes NB-28 SUPPORT OF RESOLUTION INTERGOVERNMENTAL RELATIONS Support for a resolution urging the 2013 Nevada Legislature to remove restrictions on the expenditure of sales tax revenue and enable the second quarter-cent of sales tax for the purpose of hiring, equipping, and retaining police officers. Patrick Moers, Henderson Police Chief, asked for Council to support a resolution for the 2013 Nevada Legislature to enable the second quarter-cent of the Clark County Sales and Use Tax of 2005. He noted that this was approved by the voters for the purposes hiring and equipping police officers and to remove the restricting language to allow for the hiring and equipping of police officers when traditional sources of revenue have declined. Chief Moers reported that following approval of the tax by the Clark County Commission, revenue was distributed to the police agencies based on population. He provided a history of how the first quarter-cent was utilized and noted that hiring more officers and adding and enhancing programs led to Henderson being recognized as the second safest city in America. Chief Moers said in 2009, law enforcement went back to the legislature for the other quarter-cent, but was denied due to the economic climate. This led to a reduction in force and the fund now supports approximately 63 officers and our specialized units have been reduced since that time. To supplement services, interagency cooperation has become a necessity to help provide resources in staffing and help from our law enforcement partners. Chief Moers said approval of this resolution by the Legislature could provide approximately 60 additional police officers to provide higher visibility on the streets, proactive specialized units, and continued crime prevention efforts by our officers. He noted that this will continue to make Henderson one of the premiere communities and safest in the country. Mayor Hafen said he appreciates Sheriff Gillespie attending this meeting to show his support. Councilwoman Schroder commented that the other agencies in the valley have adopted this resolution, and she believes it is good to have one unified voice on this matter to go to the Legislature. Henderson City Council Regular Meeting Page 19 of 21 January 15, 2013 – Minutes Chief Moers confirmed that the City of Las Vegas, City of North Las Vegas, Clark County, and City of Boulder City have supported this resolution. He noted that the Governor has also indicated his support if it is passed by the Legislature. Responding to a question by Mayor Hafen regarding the future process of this resolution, Chief Moers explained that this resolution will go before the Legislature for approval. If that occurs, the resolution will go before the Clark County Commission for adoption to enact the resolution. Councilman Marz asked if the Legislature can approve the quarter-cent, but not pass removal of the restrictive language. Chief Moers replied that the Legislature could only approve a portion of the proposal. He noted that proposal is to remove the restricting language that was originally proposed. This would help strengthen some of the City’s general fund requirements. Mayor Hafen explained that it is one thing to have the quarter-cent tax used only for police officers, but there could be enough revenue to hire more police officers than what the general budget could support. He said staff is encouraging the Legislature to hire police officers and support staff to provide relief to the general budget that has been suffering since 2008. (Motion) Mayor Andy Hafen moved to approve support for a resolution urging the 2013 Nevada Legislature to remove restrictions on the expenditure of sales tax revenue and enable the second quarter-cent of sales tax for the purpose of hiring, equipping, and retaining police officers. 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-29 APPOINTMENTS QUALIFIED ATTORNEYS TO THE ANNUAL LIST OF HEARING OFFICERS CITY MANAGER'S OFFICE Appointment of thirteen attorneys, qualified consistent with the requirements of HMC 4.06.100, to the annual list of hearing officers as provided under HMC 4.06.110. Henderson City Council Regular Meeting Page 20 of 21 January 15, 2013 – Minutes Mark Backus, Assistant City Attorney III, reported that Chapter 4.06 of the Henderson Municipal Code contains procedures that govern the imposition of discipline against business licensing that violates licensing regulations. He said this includes administrative hearings regarding license suspension, revocation, and other limitations. Mr. Backus noted that the Code also permits the Council to appoint qualified individuals to act on its behalf to conduct these hearings. The Code further provides for the Council to annually select individuals to a list of qualified hearing officers. By previous Council action, the City Manager was authorized to conduct a search and solicit resumes and other qualification information to develop a list of qualified candidates. He said staff recommends appointing the list of 13 qualified candidates selected by the City Manager. (Motion) Mayor Andy Hafen moved to appoint Michele Baron, Robert Dorsey, Renee Mancino, Gina Mushmeche, Ann Elworth Winner, Miriam Rodriguez, Brian Pezzillo, Jennifer McDonald, Mark Holzhauer, Bradley Gibbons, Stephen Smith, Giovanni Andrade, and Michelle Tobler to the annual list of hearing officers. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. X. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March commented that the Council attended the City of North Las Vegas State of the City Address today. The City of Henderson State of the City Address is on January 31, 2013, at Green Valley Ranch Hotel and Casino. Councilwoman Schroder thanked Councilwoman March and staff for their hard work organizing the Government Summit held on January 10, 2013. She said this was a very successful event where elected officials from the City of Henderson, City of Las Vegas, City of North Las Vegas, Boulder City, and Mesquite met with Clark County Commissioners and state legislators to discuss important issues facing Nevada that will be addressed during the Legislative Session. She noted that it is nice to see all jurisdictions getting together as one voice for Nevada. XI. SET MEETING The Committee Meeting for February 5, 2013, was set for 6:45 p.m. Henderson City Council Regular Meeting Page 21 of 21 January 15, 2013 – 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 7:35 p.m. PASSED AND ADOPTED THIS 5th DAY OF FEBRUARY, 2013. ______________________ Andy Hafen Mayor ATTEST: _______________________ Sabrina Mercadante, MMC City Clerk