City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING March 19, 2013 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: Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: Jacob Snow, City Manager Staff: Bristol Ellington, Assistant City Manager Robert Murnane, Public Works Director Michael Tassi, Planning Manager 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 Roy Miller, Black Mountain Community Church, and was followed by the Pledge of Allegiance. Mayor Hafen announced that City Council meetings are being video recorded and streamed live to the Web. Henderson City Council Regular Meeting Page 2 of 34 March 19, 2013 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilman Sam Bateman moved to accept the agenda as amended: CA-27 and CA-28 were pulled for discussion. PH-31, Note that the public hearing notice cards were mailed with the original request of a 1,647-gallon above-ground fuel tank. The applicant has revised that request to a 1,000-gallon fuel tank, which is reflected on the agenda and in a memorandum as part of the backup materials. UB-37 was withdrawn at the request of staff.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. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS PR-1 PRESENTATION FREE TODDLER SWIM LESSONS GRANT AWARD SOUTHERN NEVADA CHAPTER OF THE INTERNATIONAL CODE COUNCIL CMTS NO. 411-13-REC-257 PARKS AND RECREATION Presentation of a $1,500.00 grant award to the City of Henderson by the Southern Nevada Chapter of the International Code Council for free toddler swim lessons. (Action) Bristol Ellington, Assistant City Manager, read the presentation of a $1,500.00 grant award to the City of Henderson for free toddler swim lessons, which was presented to Mary Ellen Donner, Parks and Recreation Director, and the Mayor and Council, by David Goldstein, Valarie Loper, and Greg Blackburn from the International Code Council. PR-2 COMMENDATION FRIENDS OF HENDERSON LIBRARIES COMMUNICATIONS AND COUNCIL SUPPORT Commendation for the Friends of Henderson Libraries for their contribution in helping to improve literacy in our community while keeping costs down and our libraries open. Henderson City Council Regular Meeting Page 3 of 34 March 19, 2013 – Minutes (Action) Bristol Ellington, Assistant City Manager, read the Commendation for the Friends of Henderson Libraries for their contribution in helping to improve literacy in our community while keeping costs down and our libraries open, which was presented to Ron Hughes of the Friends of Henderson Libraries by the Mayor and Council. VI. CITY MANAGER'S REPORT Assistant City Manager Bristol Ellington reported that the Department of Cultural Arts and Tourism recently received the Silver Prize in the North American Travel Journalists Association’s 2012 Awards Competition. The competition recognizes excellence in advertising, marketing and public relations for the tourism industry. More than 500 submissions from around the world were considered. Henderson’s winning entry, Destination Exclusive, is a quarterly electronic publication, originally launched in 2011. Produced by the City’s marketing division, it promotes Henderson as a premier meetings and leisure travel destination. The Destination Exclusive captured the attention of the judges by achieving the highest standards of marketing promotion through its creative design, engaging content and branding strategy. The newsletter targets over 6000 opt-in subscribers which include convention and meeting planners, travel journalists and editors, as well as leisure travelers. VII. CONSENT AGENDA CA-3 MINUTES REGULAR MEETING MARCH 5, 2013 CITY CLERK'S OFFICE City of Henderson City Council Regular Meeting minutes of March 5, 2013. (Motion) Councilman John Marz moved to adopt the City of Henderson City Council Regular Meeting minutes of March 5, 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 4 of 34 March 19, 2013 – Minutes CA-4 CASH REQUIREMENTS REGISTER JANUARY 31, 2013, THROUGH FEBRUARY 21, 2013 FINANCE DEPARTMENT Cash requirements for the period of January 31, 2013, through February 21, 2013, in the amount of $11,323,355.02. (Motion) Councilman John Marz moved to approve the Cash Requirements Register for the period of January 31, 2013, through February 21, 2013, in the amount of $11,323,355.02. 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 WILDHORSE GOLF COURSE ANNUAL PLAN AND BUDGET JULY 2013 - JUNE 2014 PARKS AND RECREATION Wildhorse Golf Course Annual Plan and Budget for July 2013 through June 2014. (Motion) Councilman John Marz moved to approve the Wildhorse Golf Course Annual Plan and Budget for July 2013 through June 2014. 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 MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE CMTS NO. 133-13-09 FIRE DEPARTMENT Agreement for Mutual Aid in Fire Protection and Hazardous Materials Incident Response between the City of Henderson Fire Department and the Secretary of the United States Air Force (Nellis and Creech AFBs). Henderson City Council Regular Meeting Page 5 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to approve the Agreement for Mutual Aid in Fire Protection and Hazardous Materials Incident Response between the City of Henderson Fire Department and the Secretary of the United States Air Force (Nellis and Creech AFBs). 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 TERMINATION AGREEMENT CLEAN WATER COALITION MULTIJURISDICTIONAL DEPARTMENT OF UTILITY SERVICES Termination agreement between the City of Henderson, the Clean Water Coalition, Clark County Water Reclamation District, City of Las Vegas, and City of North Las Vegas, to terminate the activities and existence of the Clean Water Coalition. (Motion) Councilman John Marz moved to approve the termination agreement between the City of Henderson, the Clean Water Coalition, Clark County Water Reclamation District, City of Las Vegas, and City of North Las Vegas, to terminate the activities and existence of the Clean Water Coalition. 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. 1 LAKE MEAD PARKWAY TRAIL AND WETLANDS TRAIL PHASE II PROJECT SPECIAL INSPECTIONS CMTS NO. 131-13-PR-172-003 PUBLIC WORKS DEPARTMENT, PARKS AND RECREATION Amendment No. 1 to the Professional Services Agreement between the City of Henderson and Angle Engineering in the amount of $23,610.00 to complete the special inspection services for the Lake Mead Parkway Trail and Wetlands Trail Phase II Project. Henderson City Council Regular Meeting Page 6 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to approve Amendment No. 1 to the Professional Services Agreement between the City of Henderson and Angle Engineering in the amount of $23,610.00 to complete the special inspection services for the Lake Mead Parkway Trail and Wetlands Trail Phase II 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-9 FIRST AMENDMENT HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS HOUSING FOR NEVADA AS COMMUNITY HOUSING DEVELOPMENT ORGANIZATION ("CHDO") CMTS NO. 132-12-220,000-HFN NEIGHBORHOOD SERVICES First Amendment to the June 5, 2012, agreement between City of Henderson and Housing For Nevada, to increase HOME Investment Partnership funding by $220,000.00, which will increase the agreement balance from $220,000.00 to $440,000.00, and will allow Housing For Nevada to purchase, rehabilitate, and re-sell no fewer than seven homes to program qualified individuals or families. (Motion) Councilman John Marz moved to approve the First Amendment to the June 5, 2012, agreement between City of Henderson and Housing For Nevada, to increase HOME Investment Partnership funding by $220,000.00, which will increase the agreement balance from $220,000.00 to $440,000.00, and will allow Housing For Nevada to purchase, rehabilitate, and re-sell no fewer than seven homes to program qualified individuals or families. 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 AMEND MASTER LIST OF QUALIFIED FIRMS THAT PROVIDE LEGAL SERVICES BAILEY KENNEDY, LLC CMTS NO. 144-13-33 CITY ATTORNEY'S OFFICE Addition of the firm Bailey Kennedy, LLC to the City Attorney's Office master list of qualified firms that provide legal services to the City. Henderson City Council Regular Meeting Page 7 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to approve addition of the firm Bailey Kennedy, LLC to the City Attorney's Office master list of qualified firms that provide legal services to 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-11 AWARD OF CONTRACT FIRE STATION NO. 94 FUEL TANK REPLACEMENT CMTS NO. 131-13-MF-181-001 PUBLIC WORKS DEPARTMENT Award construction contract for the City of Henderson Fire Station No. 94 Fuel Tank Replacement, Contract No. 131-13-MF-181-001, to High Desert Petroleum, Inc. in the amount of $48,453.00, authorize the City Manager to execute the agreement for the City, and authorize the Director and/or his designee to execute associated change orders within the existing project budget. (Motion) Councilman John Marz moved to approve award of construction contract for the City of Henderson Fire Station No. 94 Fuel Tank Replacement, Contract No. 131-13-MF-181-001, to High Desert Petroleum, Inc., in the amount of $48,453.00, authorize the City Manager to execute the agreement for the City, and authorize the Director and/or his designee to execute associated change orders within the existing project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 AWARD OF CONTRACT 2013 ON-CALL PAVEMENT PATCHING AND MISCELLANEOUS IMPROVEMENTS PROJECT CMTS NO. 131-13-ST-146-001 PUBLIC WORKS DEPARTMENT Award Contract No. 131-13-ST-146-001, 2013 On-Call Pavement Patching and Miscellaneous Improvements, to J&J Enterprises Services, Inc., in the amount of $1,068,850.00, and approve the project budget. Henderson City Council Regular Meeting Page 8 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to award Contract No. 131-13-ST-146-001, 2013 On-Call Pavement Patching and Miscellaneous Improvements, to J&J Enterprises Services, Inc., in the amount of $1,068,850.00, and approve the project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 REVISE PURCHASE ORDER NO. COH01-0000632559 AUGMENT TRAFFIC PARTICIPATION FUNDS PURCHASE OF GLOBAL POSITIONING SYSTEM (GPS) EMERGENCY VEHICLE PREEMPTION (EVP) EQUIPMENT CMTS NO. 131-13-TM-03 PUBLIC WORKS DEPARTMENT Revise Purchase Order No. COH01-0000632559, Advanced Traffic Products Inc., to purchase additional Global Positioning System (GPS) Emergency Vehicle Preemption (EVP) equipment, in the total amount of $399,943.87. (Motion) Councilman John Marz moved to approve the revision to Purchase Order No. COH01-0000632559, Advanced Traffic Products Inc., to purchase additional Global Positioning System (GPS) Emergency Vehicle Preemption (EVP) equipment, in the total amount of $399,943.87. 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 GRANT AWARD SOUTHERN NEVADA CHAPTER - INTERNATIONAL CODE COUNCIL CMTS NO. 411-13-REC-257 PARKS AND RECREATION Grant award from the Southern Nevada Chapter - International Code Council (SN-ICC) for the City of Henderson to provide free toddler swim lessons, in the amount of $1,500.00. Henderson City Council Regular Meeting Page 9 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to accept the grant award from the Southern Nevada Chapter - International Code Council (SN-ICC) for the City of Henderson to provide free toddler swim lessons, in the amount of $1,500.00. 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-15 RIGHT-OF-WAY ROW-001-13 PUBLIC WORKS DEPARTMENT Right-of-way ROW-001-13, for a portion of Volunteer Boulevard in the Southeast Quarter of Section 10, Township 23 South, Range 61 East, M.D.M., generally located southwest of Executive Airport Drive and Volunteer Boulevard in the West Henderson Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-001-13, for a portion of Volunteer Boulevard in the Southeast Quarter of Section 10, Township 23 South, Range 61 East, M.D.M., generally located southwest of Executive Airport Drive and Volunteer Boulevard in the West Henderson 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-16 RIGHT-OF-WAY ROW-002-13 PUBLIC WORKS DEPARTMENT Right-of-way ROW-002-13, for a portion of Bruner Avenue in the Southeast Quarter of Section 3 and the Northeast Quarter of Section 10, Township 23 South, Range 61 East, M.D.M., generally located southwest of Executive Airport Drive and Bruner Avenue in the West Henderson Planning Area. Henderson City Council Regular Meeting Page 10 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to accept ROW-002-13, for a portion of Bruner Avenue in the Southeast Quarter of Section 3 and the Northeast Quarter of Section 10, Township 23 South, Range 61 East, M.D.M., generally located southwest of Executive Airport Drive and Bruner Avenue in the West Henderson 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-17 RIGHT-OF-WAY ROW-003-13 PUBLIC WORKS DEPARTMENT Right-of-way ROW-003-13, for the North Union Pacific Railroad Trail in the Southwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilman John Marz moved to accept ROW-003-13, for the North Union Pacific Railroad Trail in the Southwest Quarter of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and Wigwam Parkway in the Gibson Springs 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-18 RIGHT-OF-WAY ROW-004-13 PUBLIC WORKS DEPARTMENT Right-of-way ROW-004-13, for the North Union Pacific Railroad Trail in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located northwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. Henderson City Council Regular Meeting Page 11 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to accept ROW-004-13, for the North Union Pacific Railroad Trail in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located northwest of Gibson Road and Wigwam Parkway in the Gibson Springs 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-19 RIGHT-OF-WAY ROW-005-13 PUBLIC WORKS DEPARTMENT Right-of-way ROW-005-13, for the North Union Pacific Railroad Trail in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. (Motion) Councilman John Marz moved to accept ROW-005-13, for the North Union Pacific Railroad Trail in the Southeast Quarter of Section 15, Township 22 South, Range 62 East, M.D.M., generally located southwest of Gibson Road and Wigwam Parkway in the Gibson Springs 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-20 REAL PROPERTY RP-001-13 PUBLIC WORKS DEPARTMENT Acceptance of real property RP-001-13, for Avellino Park in the Southwest Quarter of Section 34, Township 22 South, Range 61 East, M.D.M., generally located northeast of St. Rose Parkway and Bermuda Road in the Westgate Planning Area. Henderson City Council Regular Meeting Page 12 of 34 March 19, 2013 – Minutes (Motion) Councilman John Marz moved to accept RP-001-13, for Avellino Park in the Southwest Quarter of Section 34, Township 22 South, Range 61 East, M.D.M., generally located northeast of St. Rose Parkway and Bermuda Road in the Westgate 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-21 REVOCABLE PERMIT ATALON MANAGEMENT GROUP, LLC CMTS NO. 131-13-LD-001 PUBLIC WORKS DEPARTMENT Revocable permit to install two kiosk signs in the median of Lake Las Vegas Parkway and two kiosk signs in the median of Strada Cassano for the purposes of directing traffic to the model homes in the community; install landscaping, irrigation and non-standard light poles and fixtures for intersection lighting as well as trail lighting on Lake Las Vegas Parkway, Strada Cassano and Strada Veneto; and install a 15-inch private storm drain pipe in the public right-of-way on Lake Las Vegas Parkway. (Motion) Councilman John Marz moved to approve a revocable permit to install two kiosk signs in the median of Lake Las Vegas Parkway and two kiosk signs in the median of Strada Cassano for the purposes of directing traffic to the model homes in the community; install landscaping, irrigation and non-standard light poles and fixtures for intersection lighting as well as trail lighting on Lake Las Vegas Parkway, Strada Cassano and Strada Veneto; and install a 15-inch private storm drain pipe in the public right-of-way on Lake Las Vegas Parkway. 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 13 of 34 March 19, 2013 – Minutes CA-22 BUSINESS LICENSE PSYCHIC ARTS PSYCHIC EYE BOOK SHOPS APPLICANT: BRETT O’CONNOR Application for Psychic Arts business license for Brett O’Connor, dbat Psychic Eye Book Shops, 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89052. (Motion) Councilman John Marz moved to approve the application for Psychic Arts business license for Brett O’Connor, dbat Psychic Eye Book Shops, 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 BUSINESS LICENSE CATEGORY B, CLASS II (USED AUTO) SECONDHAND DEALER CENTENNIAL AUTO APPLICANT: CENTENNIAL AUTO GROUP LLC Application for Category B, Class II (Used Auto) Secondhand Dealer business license for Centennial Auto Group LLC dba Centennial Auto, 6250 Mountain Vista Street, Suite L3A, Henderson, Nevada 89011. (Motion) Councilman John Marz moved to approve the application for Category B, Class II (Used Auto) Secondhand Dealer business license for Centennial Auto Group LLC dba Centennial Auto, 6250 Mountain Vista Street, Suite L3A, Henderson, Nevada 89011, pending required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 14 of 34 March 19, 2013 – Minutes CA-24 BUSINESS LICENSE CATEGORY B, CLASS II (USED AUTO) SECONDHAND DEALER VEGAS AUTO WHOLESALER LLC APPLICANT: VEGAS AUTO WHOLESALER LLC Application for Category B, Class II (Used Auto) Secondhand Dealer business license for Vegas Auto Wholesaler LLC, 6250 Mountain Vista Street, Suite I5, Henderson, Nevada 89011. (Motion) Councilman John Marz moved to approve the application for Category B, Class II (Used Auto) Secondhand Dealer business license for Vegas Auto Wholesaler LLC, 6250 Mountain Vista Street, Suite I5, Henderson, Nevada 89011, pending required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-25 BUSINESS LICENSE CATEGORY C, CLASS II SECONDHAND DEALER PAST AND PRESENTS APPLICANT: JUDI CORCORAN Application for Category C, Class II Secondhand Dealer business license for Judi Corcoran dba Past and Presents, 331 South Water Street, Suite A, Henderson, Nevada 89015. (Motion) Councilman John Marz moved to approve the application for Category C, Class II Secondhand Dealer business license for Judi Corcoran dba Past and Presents, 331 South Water Street, Suite A, Henderson, Nevada 89015, pending payment of fees and required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 15 of 34 March 19, 2013 – Minutes CA-26 BUSINESS LICENSE LOCKSMITH / SAFE MECHANIC 24/7 SUPERTECH LOCKSMITH SERVICES APPLICANT: 24/7 SUPERTECH SERVICES LLC Application for Locksmith / Safe Mechanic business license for 24/7 Supertech Services LLC, dba 24/7 Supertech Locksmith Services, 9550 South Eastern Avenue, Suite 253, Henderson, Nevada 89074. (Motion) Councilman John Marz moved to approve the application for Locksmith / Safe Mechanic business license for 24/7 Supertech Services LLC, dba 24/7 Supertech Locksmith Services, 9550 South Eastern Avenue, Suite 253, Henderson, Nevada 89074, pending required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-27 BUSINESS LICENSE TAVERN AND RESTRICTED GAMING DOTTY’S #93 APPLICANT: NEVADA RESTAURANT SERVICES, INC Application for Tavern and Restricted Gaming business licenses for Nevada Restaurant Services, Inc. dba Dotty’s #93, 30 East Horizon Ridge Parkway, Henderson, Nevada 89002. Bristol Ellington, Assistant City Manager, said the recommendation is to approve with conditions. Todd Bice, 3993 Howard Hughes Parkway, Las Vegas, representing Station Casinos, stated that the applicant is seeking a liquor license and a restricted gaming license. He said City code allows the operation of 15 slot machines as long as the gaming is incidental to their primary business. He stated the applicant has not demonstrated any primary business other than gaming. He expressed concern that the applicant is applying for a tavern license so they can use that as a hook to allow 15 slot machines. Mr. Bice submitted the following items into the record: an article entitled “Dotty’s not just another casino says chief operating officer” from Winnemucca dated July 7, 2010; a packet from Pisanelli Bice with two exhibits, and a document entitled “Manager’s Information Report Revised.” Henderson City Council Regular Meeting Page 16 of 34 March 19, 2013 – Minutes Regarding CA-28, Mr. Bice asked that this item be held until the Planning Commission hears it because there were other objectors. George Garcia, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, stated that the State Gaming Control Board and Gaming Commission determines whether a business is suitable for gaming. He noted that Dotty’s has been approved for this property and numerous other properties throughout the state. Mr. Garcia said this application is a routine business license item and they meet all requirements. Mike Eide, 2 El Masero Court, representing the applicant, stated that they are a tavern and they serve food 24 hours a day. He noted that Dotty’s has been licensed 108 times and they employee 850 total employees. He explained that they have a business model designed to attract women. He said this location will have a nine-seat bar, 2,500 square feet of public area, and a 35-seat restaurant, which is above state requirements. Tom Amick, 8345 West Sunset Road, stated that this application is a routine housekeeping matter, and he has never heard a discussion on a business licensing item that has received zoning approval. He noted that distinguishing this Dotty’s application over other tavern applications is an interesting precedent the Council would set. Mr. Amick said there is nothing in the Code that would preclude this application from being approved. Responding to a question by Councilwoman Schroder regarding the ratio between the tavern area, eating area, and gaming area, Mr. Eide said all gaming machines will be on the floor. He noted that their primary customers are older women who prefer to play at a slant-top gaming machines that sit on the floor. He said there could be 15 people playing gaming machines, nine people at the bar, and 35 people doing something other than gambling. Councilman Bateman asked whether tavern licenses are addressed under Title 19 or Title 4. Josh Reid, City Attorney, replied that the liquor license and the restricted gaming license are both under Title 4. Councilman Bateman commented that this application is being discussed because of a claim that this business has not proven they are covered under the tavern definition. He asked what obligation the Council has to make an inquiry about whether a business license applicant meets the definitions in the ordinance. He questioned whether the Council is obligated is to have staff compile information and make the applicant prove their primary business is the sale of alcoholic liquor. Henderson City Council Regular Meeting Page 17 of 34 March 19, 2013 – Minutes Mr. Garcia said it would be highly unusual to have an objection to licensing, especially since Station Casinos is a competitor. He pointed out that existing Dotty’s establishments in Henderson are complying with the rules and regulations of the state and city. He said this proposed Dotty’s will operate no differently and there should be a presumption this establishment is valid. Mayor Hafen stated that the applicant made representations to operate a tavern and a restricted gaming location in accordance with the laws. He noted that there is no way the Council knows if the applicant is going to comply with the law until the license is granted. He said if the applicant is not adhering to the conditions after the license is approved, the Council would consider revoking the license. Councilwoman Schroder said the Council has never asked any applicants applying for a business license how they will be conducting their business. She expressed concern that asking this applicant these questions could set a precedent for future tavern applicants. Councilman Marz commented that Councilman Bateman’s questions are relevant, in general. He pointed out that the applicant stated that their primary customers are women who prefer to sit at slot machines and drink as opposed to sitting at bars. Councilman Marz said the primary purpose of a tavern is supposed to be a bar, and he is having a hard time reconciling that. Councilman Bateman commented whether the Council should do any sort of due diligence before the business license is granted to determine whether the business is actually a tavern. He said he is not sure the primary business of Dotty’s is the sale of alcoholic liquors. Mr. Reid stated that Title 4 provides for a procedure to direct staff to process applications and the general power of the Council to grant privileged licenses. He said he believes that a privileged license is more than a routine housekeeping item. Regardless of other Dotty’s applications, the Council has the right to ask questions and the right to determine whether this application meets the definition of a tavern. Councilwoman Schroder asked if the Council can check the business after it has been open for six months to determine whether the primary revenues are from gaming, food, or the alcohol sales. Mr. Reid replied that Title 4, Subsection 32.020, specifically states that the general power of the Council to grant or deny applications for licenses and to pose conditions, limitations, and restrictions upon a license for cause after a hearing. He said the Council can impose a condition or a restriction if there is cause. Henderson City Council Regular Meeting Page 18 of 34 March 19, 2013 – Minutes Mayor Hafen noted that the City is working on amending Title 4 and staff is soliciting input from industry. He said the applicant has stated they will operate this application the same as other Dotty’s in the valley and questioned if the Council can rule on that representation. Mr. Reid explained that the Council can base their decision on what the applicant has represented and put into evidence at this meeting, not on other establishments across the valley. He confirmed that the City does have the power to revoke the business license if the applicant is not complying with the Code. Mr. Amick stated that he disagrees with the forum to have this discussion at this time. He said the Code has not changed and the Council has approved many taverns under the existing Code. He suggested that these questions should be addressed when staff presents Council with proposed revisions to Title 4. Councilman Marz said the Council has every right to consider an issue that has been brought up and an obligation to make sure that the City’s requirements are being met. He noted that he believes this discussion is a healthy dialog for now and the future. Mr. Amick questioned how the Council is pulling this one particular location out to have this discussion. He said this location has been in the system and has been approved from a zoning perspective under the current Code. Councilwoman March stated that it is important for the Council to have this discussion and define what is important. She noted that the Legislature is discussing an item related to this issue so it is also important to know how the State will rule. Councilman Bateman asked if the applicant would prefer to continue this item and provide relevant information to staff that would address the existing definition, or answer specific questions now. Mr. Garcia expressed concern regarding raising these questions tonight and creating a new standard that would apply only to this project and not an inquiry to all other projects. Councilman Bateman clarified that asking the questions does not create a new standard. He noted that the Council may have been negligent in the past in not asking these questions. Mr. Garcia said this discussion regarding degrees of revenue and alcohol sales has never been broached before, and the ruling would set a new standard. He stated that they are prepared to go forward tonight. Henderson City Council Regular Meeting Page 19 of 34 March 19, 2013 – Minutes Mr. Eide stated that the questions posed by Councilman Bateman have been submitted to the State, and the answers have been provided adequately since the application was approved unanimously by the board. Mr. Bice said Mr. Eide was quoted in a Winnemucca newspaper saying that Dotty’s are built toward an older clientele and the top two beverages served are water and coffee. The article also says that ten percent of the company’s revenues come from alcohol sales. He said the applicant has the burden to show they are complying with the Code. Mr. Eide replied that the quote in the article is in terms of quantity and not dollar amount. Mayor Hafen said he is satisfied that the City has previously approved Dotty’s for the same type of operation, and they were approved by the State Gaming Control Board. He thinks the Council would be on dangerous ground to deny this license based on the existing Code. He said he is not sure the definitions of the liquor code will be the driving factor. (Motion) Mayor Hafen moved to approve the application for Tavern and Restricted Gaming business licenses for Nevada Restaurant Services, Inc. dba Dotty’s #93, 30 East Horizon Ridge Parkway, Henderson, Nevada 89002. Mr. Garcia stated that the applicant would like to withdraw the application without prejudice. (Motion Withdrawn) Mayor Hafen withdrew the motion for approval. A brief discussion ensued regarding continuing this item and CA-28. Councilwoman Schroder asked the applicant to show gaming, liquor, and food revenues of existing Dotty’s establishments when they come back before the Council. She noted that she would also like information from the State Gaming Control Board. Councilwoman March commented that they should work expeditiously to resolve these issues. (Motion) Mayor Hafen moved to continue this item indefinitely. 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 20 of 34 March 19, 2013 – Minutes CA-28 BUSINESS LICENSE TAVERN AND RESTRICTED GAMING DOTTY’S #94 APPLICANT: NEVADA RESTAURANT SERVICES, INC. Application for Tavern and Restricted Gaming business licenses for Nevada Restaurant Services, Inc. dba Dotty’s #94, 10430 South Eastern Avenue, Henderson, Nevada 89052. See discussion under CA-27. (Motion) Mayor Andy Hafen moved to continue this item indefinitely or until after the Planning Commission makes their decision. 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-29 BUSINESS LICENSE RESTRICTED GAMING WAHOO’S FISH TACO APPLICANT: GOLDEN ROUTE OPERATIONS LLC Application for Restricted Gaming business licenses for Golden Route Operations LLC dbat Wahoo’s Fish Taco locations. (Motion) Councilman John Marz moved to approve the application for Restricted Gaming business licenses for Golden Route Operations LLC dbat Wahoo’s Fish Taco locations pending State Gaming and required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 21 of 34 March 19, 2013 – Minutes CA-30 BUSINESS LICENSE FULL LIQUOR OFF-SALE ALBERTSON’S APPLICANT: ALBERTSON’S LLC Application for Full Liquor Off-Sale business licenses for Albertson’s LLC dba Albertson’s, PO Box 20, Boise, Idaho 83726. (Motion) Councilman John Marz moved to approve the application for Full Liquor Off-Sale business license for Albertson’s LLC dba Albertson’s, PO Box 20, Boise, Idaho 83726 pending payment of fees, 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. VIII. PUBLIC HEARINGS PH-31 COMPREHENSIVE PLAN AMENDMENT CPA-13-500002 ZONE CHANGE AMENDMENT ZCA-13-500003-A2 CONDITIONAL USE PERMIT AMENDMENT CUP-03-540078-A3 CUP-13-500027 CONDITIONAL USE PERMIT DRA-11-500179-A1 DESIGN REVIEW AMENDMENT SEVEN HILLS BUSINESS PARK APPLICANT: SEVEN HILLS HOSPITAL A) Amend the Comprehensive Plan Land Use category Neighborhood Commercial to Public/Semipublic; B) Amend a zone change to rezone from CO-MP (Office Commercial with Master Plan Overlay) to PS-MP (Public/Semipublic with Master Plan Overlay); Henderson City Council Regular Meeting Page 22 of 34 March 19, 2013 – Minutes C) Amend a conditional use permit to add 36-beds to an existing hospital; D) A 1,000-gallon Aboveground Fuel Storage tank; and E) A Hospital; on 1.3 acres located at 10649 Jeffreys Street in the Westgate Planning Area. Michael Tassi, Planning Manager, presented a summary of this item and stated that the Planning Commission recommended approval. Mayor Hafen opened the public hearing at 8:14 p.m., asking if there was anyone present wishing to speak for or against this item. Scott Rudy, 10649 Jeffreys Street, representing the property owner and the applicant, was present with Dr. Rob Turner, 3021 Horizon Ridge Parkway, representing Seven Hills Hospital. Councilman Bateman confirmed with the applicant that this is an existing office building and the zone amendment is to run the hospital in the office space. He noted that staff determined this will be a less intense use, and this area is locked down to prevent anyone from wandering out into parking lot or neighborhood. Councilman Bateman also pointed out that the fuel tank has been reduced from 1,600 gallons to 1,000 gallons. Responding to a question by Councilwoman Schroder regarding complaints about employees being loud and radio noise in the back of the building, Dr. Rob Turner said he directed his staff to use the parking spaces that are adjacent to the noise complaint area. He said he provided residents with his direct contact information should they have concerns about staff. He also agreed to limit routine scheduled deliveries from 7:00 a.m. to 6:00 p.m., Monday through Friday. Dr. Turner explained that he also provided additional information to the neighbors regarding safety features and the location of the fuel tank. Councilman Marz asked if they run three shifts for their employees. Dr. Turner replied that 90 percent of their employees are run on two, 12-hour shifts and about ten employees have a mid eight-hour shift. Councilman Marz suggested that the employees who come in at odd hours should be monitored to mitigate the noise complaints. There being no one else wishing to speak, Mayor Hafen closed public hearing at 8:20 p.m. Henderson City Council Regular Meeting Page 23 of 34 March 19, 2013 – Minutes (Motion) Councilman Sam Bateman moved to A) Amend the Comprehensive Plan Land Use category Neighborhood Commercial to Public/Semipublic; B) Amend a zone change to rezone from CO-MP (Office Commercial with Master Plan Overlay) to PS-MP (Public/Semipublic with Master Plan Overlay); C) Amend a conditional use permit to add 36-beds to an existing hospital; D) Approve a 1,000-gallon Aboveground Fuel Storage tank; and E) Approve a Hospital; on 1.3 acres located at 10649 Jeffreys Street in the Westgate Planning Area, subject to findings of fact and conditions. CPA-13-500002 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-13-500003-A2 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 24 of 34 March 19, 2013 – 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 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. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 4. Applicant shall comply with all conditions of approval for Z/PUD-87-00 and PUD/TM-117-99. CUP-03-540078-A3 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, 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 on the value of other property in the neighborhood in which it is located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service to 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 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 25 of 34 March 19, 2013 – 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. Applicant shall comply with all conditions of approval for Z/PUD-87-00. 4. This conditional use permit for a 96-bed institutional housing facility (psychiatric hospital)shall lapse two years from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.2.8.L. (A2) CUP-13-500027 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 26 of 34 March 19, 2013 – 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 a 1000-gallon aboveground fuel storage tank 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. DRA-11-500179-A1 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 update for Public Works' approval. 3. Applicant shall submit a traffic analysis update 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. 4. Mapping shall be required and completed prior to approval of Civil Improvement Plans. 5. Applicant shall provide copies of cross-access agreements with adjacent properties. 6. Applicant shall revise Civil Improvement Plans per Public Works' requirements. DEPARTMENT OF UTILITY SERVICES CONDITIONS 7. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 8. Applicant shall comply with the requirements of the master utility plan established for the project area. 9. Applicant shall participate in the St. Rose Sewer Refunding Agreement. 10. 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. Henderson City Council Regular Meeting Page 27 of 34 March 19, 2013 – Minutes 11. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application. 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. 12. 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. 13. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 14. 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. 15. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 16. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 17. 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. 18. Fire protection systems / FDC's shall be interconnected to function as one facility. 19. Applicant shall submit an alternate method to mitigate for the lack of an approved turnaround on the dead-end fire lane over 150 feet long. 20. Applicant shall provide a dedicated ambulance parking space with reserved parking signage near the main entrance. 21. Applicant shall provide continuous roof access with multiple fixed ladders (locations to be approved by Fire Department) to allow emergency responders to quickly gain access between different roof elevations. 22. Applicant shall meet current building code requirements in order to obtain a change of occupancy for the smaller building being converted from office to hospital. Henderson City Council Regular Meeting Page 28 of 34 March 19, 2013 – Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 23. 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. 24. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. Approval of this design review shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.6.6.B of the Development Code. 31. Applicant shall comply with all conditions of approval for CUP-03-540078- A3, CUP-13-500027 and ZCA-13-500003-A2 and any related amendments thereto. 32. 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. Henderson City Council Regular Meeting Page 29 of 34 March 19, 2013 – Minutes 33. The applicant shall be required to relocate three to four trees from the new courtyard area. The applicant shall submit a landscape plan noting the new location of the relocated trees. 34. Applicant must post a bond with the Public Works Department for the installation of all perimeter landscaping and common open space landscaping and amenities prior to approval of the Civil Improvement Plans. 35. Applicant shall comply with all conditions of approval for CUP-03-540078- A3, ZCA-13-500003-A2 and CUP-13-500027. 36. Normal deliveries shall be between 7:00 a.m. and 6:00 p.m. Monday through Friday. 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 ACCOMPANYING RESOLUTION FOR PH-31 CPA-13-500002 SEVEN HILLS BUSINESS PARK APPLICANT: COMMUNITY DEVELOPMENT AND SEVEN HILLS HOSPITAL Bristol Ellington, Assistant City Manager, introduced and read Resolution No. 4079 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 1.3 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 35, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT 10649 JEFFREYS STREET, IN THE WESTGATE PLANNING AREA, FROM NEIGHBORHOOD COMMERCIAL TO PUBLIC/SEMIPUBLIC. (Motion) Councilwoman Gerri Schroder moved to adopt Resolution No. 4079. 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 30 of 34 March 19, 2013 – Minutes IX. BILLS TO BE READ INTO TITLE B-33 ACCOMPANYING BILL NO. 2710 FOR PH-31 ZCA-13-500003-A2 SEVEN HILLS BUSINESS PARK APPLICANT: COMMUNITY DEVELOPMENT AND SEVEN HILLS HOSPITAL Bristol Ellington, Assistant City Manager, introduced and read this 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 35, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT 10649 JEFFREYS STREET FROM CO-MP (OFFICE COMMERCIAL WITH MASTER PLAN OVERLAY) TO PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY), AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Debra March moved to refer Bill No. 2710 to the Committee meeting of April 9, 2013, for review and recommendation. 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. B-34 BILL NO. 2711 TITLE 18 - COMMUNITY DEVELOPMENT FEES COMMUNITY DEVELOPMENT Bristol Ellington, Assistant City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON NEVADA, AMENDING TITLE 18, COMMUNITY DEVELOPMENT FEES, OF THE HENDERSON MUNICIPAL CODE, BY ESTABLISHING A “MILITARY RECOGNITION APPLICATION FEE”, SETTING AN EFFECTIVE DATE OF APRIL 12, 2013, AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 31 of 34 March 19, 2013 – Minutes (Motion) Councilwoman Debra March moved to refer Bill No. 2711 to the Committee Meeting of April 9, 2013, for review and recommendation. 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. PUBLIC COMMENT There were no comments presented by the public. XI. UNFINISHED BUSINESS UB-35 BILL NO. 2707 ZCA-13-500022 DEEPWATER APPLICANT: COMMUNITY DEVELOPMENT AND PARDEE HOMES OF NEVADA Bristol Ellington, Assistant City Manager, introduced and read this 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 23, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE HORIZON RIDGE PARKWAY AND GIBSON ROAD FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-6 (LOW-DENSITY RESIDENTIAL), AND OTHER MATTERS RELATING THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2707 as Ordinance No. 2998. 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 32 of 34 March 19, 2013 – Minutes UB-36 BILL NO. 2708 ZCA-13-500013 GIBSON PLAZA APPLICANT: COMMUNITY DEVELOPMENT AND D.R. HORTON, INC. Bristol Ellington, Assistant City Manager, introduced and read this 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 10, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GIBSON ROAD AND WARM SPRINGS ROAD FROM CC-MP (COMMUNITY COMMERCIAL WITH MASTER PLAN OVERLAY) ON 72.0 ACRES AND IL (LIMITED INDUSTRIAL) ON 5.5 ACRES TO RS-6 (LOW-DENSITY RESIDENTIAL) ON 23.0 ACRES, RS-8 (LOW-DENSITY RESIDENTIAL) ON 25.1 ACRES, AND RM-10 (MEDIUM-DENSITY RESIDENTIAL) ON 24.1 ACRES, AND CC (COMMUNITY COMMERCIAL) ON 3.3 ACRES, AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2708 as Ordinance No. 2999. 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-37 BILL NO. 2709 DEVELOPMENT AGREEMENT CANCELLATION CITY CROSSING 1-15, LLC CITY ATTORNEY'S OFFICE / COMMUNITY DEVELOPMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, CANCELLING THAT CERTAIN DEVELOPMENT AGREEMENT AMONG THE CITY OF HENDERSON, AND CITY CROSSING LLC 1 THROUGH AND INCLUDING CITY CROSSING LLC 15, FOR THE DEVELOPMENT OF LAND AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. This item was withdrawn at the request of staff. Henderson City Council Regular Meeting Page 33 of 34 March 19, 2013 – Minutes XII. NEW BUSINESS NB-38 APPOINTMENTS (MAYOR AND COUNCIL) HENDERSON SPACE AND SCIENCE CENTER BOARD CULTURAL ARTS AND TOURISM Two appointments to the Henderson Space and Science Center Board with terms to expire March 31, 2014, and March 31, 2016. (Motion) Mayor Andy Hafen moved to appoint Christa May with term to expire March 31, 2014, and Missy Young with term to expire March 31, 2016, to the Henderson Space and Science Center Board. 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. XIII. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March commented that we are experiencing a recovery in the economy and seeing more interest in home development in Southern Nevada. She noted the importance to be mindful of where we have been and where we are going as a city; whether it is looking at standards and compliance, or waivers, or compensating benefits in cooperation with the quality of life we want our residents to be able to enjoy in Henderson. Councilwoman Schroder reported that she and Councilwoman March attended the National League of Cities Conference. She said the main issues discussed were to protect municipal bonds, fix the nation’s broken immigration system, and the on-line sales tax break. Regarding local issues, they discussed the I-11 route designation, public lands bills, CDBG funding, the state sales tax exemption, Lakemoor Canyon, and the Three Kids Mine. She noted that more information regarding these issues is available on the City of Henderson website. Councilman Marz commented that it is wonderful for young families to be able to afford to buy homes in Henderson in this economy. He thinks the Council should be conscious about the availability of lands to be purchased at a reasonable price. He suggested that the Planning Commission re-evaluate zoning in the southwest. Henderson City Council Regular Meeting Page 34 of 34 March 19, 2013 – Minutes XIV. SET MEETING The Committee Meeting for April 9, 2013, was set for 6:45 p.m. XV. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:30 p.m. PASSED AND ADOPTED THIS 9TH DAY OF APRIL, 2013. ______________________ Andy Hafen Mayor ATTEST: _________________________ Sabrina Mercadante, MMC City Clerk