City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING May 7, 2013 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:15 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 (via teleconference) Gerri Schroder, Councilwoman Absent: John F. Marz, Councilman Officers: Jacob Snow, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Robert Murnane, Public Works Director Tracy Foutz, Acting Director of Community Development and Services Richard Derrick, Finance Director Amber Ellis, Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk Mayor Hafen stated that this meeting is being video recorded and streamed live to the Web. III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Pastor John Mark Simmons from Highland Hills Baptist Church, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 43 May 7, 2013 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Mayor Andy Hafen moved to accept the agenda as amended: CA-4 was continued to the May 21, 2013, City Council Meeting at the request of Councilwoman March. CA-5 was continued to the May 21, 2013, City Council Meeting at the request of Councilwoman March. CA-15 had a misprint on the Excel backup document under Open Spaces and should read “Multiple Day Special Events fees will be negotiated”. B-45 was withdrawn at the request of staff. UB-59 was declared moot due to the accompanying item C-3 at the Committee Meeting being withdrawn. UB-60 was continued to the June 11, 2013, City Council Meeting at the request of the applicant. UB-61 was continued to the June 11, 2013, City Council Meeting at the request of the applicant. UB-62 was continued to the May 21, 2013, City Council Meeting at the request of the applicant. NB-68 was continued to the May 21, 2013, City Council Meeting at the request of the appellant and staff. NB-69 was continued to the May 21, 2013, City Council Meeting at the request of the applicant and staff. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 3 of 43 May 7, 2013 – Minutes V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PRESENTATION FIFTH ANNUAL DESTINATION CHAMPION AWARD CULTURAL ARTS AND TOURISM Presentation by Mayor Hafen to the recipient of the Fifth Annual Destination Champion Award recognizing excellence in Henderson's hospitality industry. (Action) City Manager Snow invited Traci Young to step forward and join the Mayor and Council to be presented with the fifth annual Destination Champion Award from the Department of Cultural Arts & Tourism which honors excellence in Henderson’s hospitality industry. PR-2 PRESENTATION COMMUNITY PRIDE AWARD SHIRLEY COOPER PARKS AND RECREATION Presentation of the Commemorative Beautification Commission's Community Pride Award to Shirley Cooper for her continued contributions towards the general betterment and beautification of the community. (Action) City Manager Snow invited Shirley Cooper to step forward and join the Mayor and Council to be presented with the Henderson Commemorative Beautification Commission’s Community Pride Award in recognition of her community pride and efforts to keep Henderson a clean and attractive community. PR-3 PRESENTATION UNITED SERVICES ORGANIZATION (USO) LAS VEGAS MAYOR HAFEN AND COUNCILWOMAN SCHRODER Presentation by Doug Bradford, USO Las Vegas Center Director, on the benefits and services to Henderson military service members. (Action) City Manager Snow asked Doug Bradford, USO Las Vegas Center Director, to step forward to the podium to share his presentation on the benefits of the USO facility for Henderson military men and women as well as plans for future outreach. Henderson City Council Regular Meeting Page 4 of 43 May 7, 2013 – Minutes Via PowerPoint presentation, Mr. Bradford gave a presentation on the benefits of the USO facility for Henderson military men and women as well as plans for future outreach. VI. CITY MANAGER'S REPORT Jacob Snow, City Manager, acknowledged the Finance Department’s Budget Division for being awarded The Government Finance Officers Association’s Distinguished Budget Presentation Award. It is the highest honor one can receive in governmental budgeting and is the tenth time the City has received this significant achievement. Mr. Snow also recognized Finance Director Richard Derrick; Budget Manager, Jill Lynch; and the team of Steve Lopez, Kellyanne Taylor, Tom Baker, Melissa Martin and Joe Christopher for receiving recognition for outstanding policy document and outstanding communication device. Mr. Snow recognized the Office of the City Clerk during the 44th Annual Municipal Clerks’ Week, May 5th through May 11th. The Municipal Clerk is one of the oldest positions in municipal government, the municipal clerk acts as the cornerstone of the City Council. He extended the City’s appreciation to City Clerk Sabrina Mercadante and her staff for the vital services they perform for our government and our community. VII. CONSENT AGENDA CA-4 MINUTES COMMITTEE AND REGULAR CITY COUNCIL MEETING APRIL 9, 2013 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of April 9, 2013. (Action) This item was continued to May 21, 2013, at the request of Councilwoman March. Henderson City Council Regular Meeting Page 5 of 43 May 7, 2013 – Minutes CA-5 MINUTES SPECIAL AND REGULAR CITY COUNCIL MEETING APRIL 16, 2013 CITY CLERK'S OFFICE City of Henderson City Council Special and Regular Meeting minutes of April 16, 2013. (Action) This item was continued to May 21, 2013, at the request of Councilwoman March. CA-6 AGREEMENT WEST HENDERSON BACKBONE WATER INFRASTRUCTURE CAROLLO ENGINEERS, INC. CMTS NO. 124-13-U9038-001 DEPARTMENT OF UTILITY SERVICES Agreement for engineering support services between the City of Henderson and Carollo Engineers, Inc., in an amount not to exceed $250,000.00 for the West Henderson Backbone Water Infrastructure project, authorize a budget augmentation in the amount of $250,000.00 to fund the agreement, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Gerri Schroder moved to approve the agreement for engineering support services between the City of Henderson and Carollo Engineers, Inc., in an amount not to exceed $250,000.00 for the West Henderson Backbone Water Infrastructure project, authorize a budget augmentation in the amount of $250,000.00 to fund the agreement, and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 6 of 43 May 7, 2013 – Minutes CA-7 AGREEMENT HABITAT FOR HUMANITY LAS VEGAS, INC LOW-INCOME HOUSING TRUST FUNDS CMTS NO. 132-13-154,060-HABITAT NEIGHBORHOOD SERVICES Agreement between the City of Henderson and Habitat For Humanity Las Vegas, Inc. ("Habitat"), to utilize Low-Income Housing Trust Funds ("LIHTF") in the amount of $154,060.00 (as a deferred loan) to assist with the development and soft costs of constructing six single-family homes to benefit families below the 60-percent Area Median Income level, which will help to meet and support the City's five-year U.S. Department of Housing and Urban Development ("HUD") Consolidated Plan. (Motion) Councilwoman Gerri Schroder moved to approve the agreement between the City of Henderson and Habitat For Humanity Las Vegas, Inc. ("Habitat"), to utilize Low-Income Housing Trust Funds ("LIHTF") in the amount of $154,060.00 (as a deferred loan) to assist with the development and soft costs of constructing six single-family homes to benefit families below the 60-percent Area Median Income level, which will help to meet and support the City's five-year U.S. Department of Housing and Urban Development ("HUD") Consolidated Plan. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 AWARD OF CONSTRUCTION CONTRACT AND APPROVE PROJECT BUDGET CITY OF HENDERSON 2013 PARK SHADE STRUCTURES CMTS NO. 131-13-PR-295-001 PUBLIC WORKS DEPARTMENT Approve the project budget for the City of Henderson 2013 Park Shade Structures in the amount of $239,767.00 and award the contract to Fab 5 Construction, in the total amount of $169,255.00, and authorize the City Manager to execute the contract and the Director of Public Works and/or his designee to execute associated change orders within the approved project budget. Henderson City Council Regular Meeting Page 7 of 43 May 7, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the project budget for the City of Henderson 2013 Park Shade Structures in the amount of $239,767.00 and award the contract to Fab 5 Construction, in the total amount of $169,255.00, and authorize the City Manager to execute the contract and the Director of Public Works and/or his designee to execute associated change orders within the approved project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 EQUIPMENT PURCHASE TARGET SYSTEM AND NECESSARY RELATED COMPONENTS ELDORADO VALLEY REGIONAL PUBLIC SAFETY TRAINING FACILITY CMTS NO. 211-11-2101-G0256 POLICE DEPARTMENT Request approval for a purchase order to Action Target Inc., in the amount of $233,575.31 for the purchase of the target system and necessary related components for the Eldorado Valley Public Safety Training Facility. (Motion) Councilwoman Gerri Schroder moved to approve the issuance of a purchase order to Action Target Inc. in the amount of $233,575.31 for the purchase of the target system and necessary related components for the Eldorado Valley Public Safety Training Facility. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 EQUIPMENT PURCHASE REPLACEMENT LAMPS FOR THE ULTRAVIOLET DISINFECTION SYSTEM XYLEM WATER SOLUTIONS USA, INC. DEPARTMENT OF UTILITY SERVICES Purchase of 432 ultraviolet lamps from Xylem Water Solutions USA, Inc. - Wedeco in the amount not to exceed $56,650.00, for the City of Henderson’s Wastewater Plants Ultraviolet Disinfection System. Henderson City Council Regular Meeting Page 8 of 43 May 7, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the purchase of 432 ultraviolet lamps from Xylem Water Solutions USA, Inc. - Wedeco in an amount not to exceed $56,650.00, for the City of Henderson’s Wastewater Plants Ultraviolet Disinfection System. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 EQUIPMENT PURCHASE BALLISTIC HELMETS CMTS NO. NOT APPLICABLE POLICE DEPARTMENT Purchase of two hundred (200) ballistic helmets with face shields for the Henderson Police Department in the amount of $56,466.34 from Skaggs Companies, Inc. (Motion) Councilwoman Gerri Schroder moved to approve the issuance of a purchase order to Skaggs Companies, Inc. in the amount of $56,466.34 for the purchase of two hundred (200) MaxPro ballistic helmets with face shields for the Henderson Police Department. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 EQUIPMENT PURCHASE GOLF COURSE MAINTENANCE EQUIPMENT CMTS NO. NOT APPLICABLE PARKS AND RECREATION Purchase of a Greensmaster 3420, Reelmaster 5510 and Workman HDX-D for use at the Wildhorse Golf Club from Simpson Norton Corporation, in the amount of $115,191.74. (Motion) Councilwoman Gerri Schroder moved to approve the issuance of a purchase order for a Greensmaster 3420, Reelmaster 5510 and Workman HDX-D for use at the Wildhorse Golf Club from Simpson Norton Corporation, in the amount of $115,191.74. Henderson City Council Regular Meeting Page 9 of 43 May 7, 2013 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-16 PROJECT R-7 CMTS NO. 121-10-010 FINANCE DEPARTMENT Payment and acquisition costs relating to Local Improvement District (LID) T-16, Project R-7, in the amount of $319,026.00 to be paid from LID T-16 Bond Proceeds. (Motion) Councilwoman Gerri Schroder moved to approve payment and acquisition costs relating to Local Improvement District (LID), Project R-7, in the amount of $319,026.00 to be paid from LID T-16 Bond Proceeds. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-16 PROJECT R-12 CMTS NO. 121-10-010 FINANCE DEPARTMENT Payment and acquisition costs relating to Local Improvement District (LID) T-16, Project R-12, in the amount of $632,781.00 to be paid from LID T-16 Bond Proceeds. (Motion) Councilwoman Gerri Schroder moved to approve payment and acquisition costs relating to Local Improvement District (LID), Project R-12, in the amount of $632,781.00 to be paid from LID T-16 Bond Proceeds. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 43 May 7, 2013 – Minutes CA-15 USER RENTAL FEES PARKS, AMENITIES, AND OPEN SPACES PARKS AND RECREATION Review and amend the user rental fee schedule for parks, amenities, and open spaces and implement new fee categories for existing and newly-built City of Henderson Parks. (Motion) Councilwoman Gerri Schroder moved to approve the amended user rental fee schedule for parks, amenities, and open spaces and implement new fee categories for existing and newly-built City of Henderson Parks. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-16 GRANT AWARD FEDERAL FISCAL YEAR 2010 URBAN AREA SECURITY INITIATIVE (UASI) GRANT CMTS NO. 133-13-10 FIRE DEPARTMENT Federal Fiscal Year 2010 Urban Area Security Initiative (UASI) grant award from the Nevada Department of Public Safety (DPS) Division of Emergency Management (DEM), Homeland Security in the amount of $17,904.00 for the purchase of atmospheric monitors and training on the use of the monitors. (Motion) Councilwoman Gerri Schroder moved to accept the Federal Fiscal Year 2010 Urban Area Security Initiative (UASI) grant award from the Nevada Department of Public Safety (DPS) Division of Emergency Management (DEM), Homeland Security in the amount of $17,904.00 for the purchase of atmospheric monitors and training on the use of the monitors. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 11 of 43 May 7, 2013 – Minutes CA-17 COMMUNITY PROJECTS FUND DISBURSEMENT REQUEST UNITED SERVICES ORGANIZATION (USO) LAS VEGAS COUNCILWOMAN GERRI SCHRODER Community Projects Fund Disbursement Request from Councilwoman Gerri Schroder to the USO Las Vegas Meal Program to help offset costs of providing meals for military service members being deployed or returning from duty, in the amount of $2,000.00. (Motion) Councilwoman Gerri Schroder moved to approve the Community Projects Fund Disbursement Request to the USO Las Vegas Meal Program to help offset costs of providing meals for military service members being deployed or returning from duty, in the amount of $2,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 BUSINESS LICENSE RESTRICTED GAMING AND TAVERN GIUSEPPE'S ITALIAN GRILLE APPLICANT: THE GIUSEPPE TEAM, LLC Ratification of administrative approval for the Restricted Gaming and Tavern business licenses for The Giuseppe Team, LLC, dba Giuseppe's Italian Grille, 2630 West Horizon Ridge Parkway, Henderson, Nevada 89052. (Motion) Councilwoman Gerri Schroder moved to ratify the administrative approval for the Restricted Gaming and Tavern business licenses for The Giuseppe Team, LLC, dba Giuseppe's Italian Grille, 2630 West Horizon Ridge Parkway, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 43 May 7, 2013 – Minutes CA-19 BUSINESS LICENSE REFLEXOLOGY ESTABLISHMENT SUNRISE WELLNESS SPA APPLICANT: AICHU CHANG Application for Reflexology Establishment business license for Aichu Chang, dba Sunrise Wellness Spa, 693 North Valle Verde Drive, Suite 6, Henderson, Nevada 89014. (Motion) Councilwoman Gerri Schroder moved to approve the application for Reflexology Establishment business license for Aichu Chang, dba Sunrise Wellness Spa, 693 North Valle Verde Drive, Suite 6, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-20 BUSINESS LICENSE RESTAURANT WITH BAR GIADA'S ITALIAN CUCINA APPLICANT: GIADA'S ITALIAN CUCINA, INC. Application for Restaurant with Bar business license for Giada's Italian Cucina, Inc. dba Giada's Italian Cucina, 2540 Anthem Village Parkway, Suite 100, Henderson, Nevada 89052. (Motion) Councilwoman Gerri Schroder moved to approve the application for Restaurant with Bar business license for Giada's Italian Cucina, Inc. dba Giada's Italian Cucina, 2540 Anthem Village Parkway, Suite 100, Henderson, Nevada 89052, pending required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 13 of 43 May 7, 2013 – Minutes CA-21 BUSINESS LICENSE LIQUOR MANUFACTURER JOSEPH JAMES BREWING CO., INC. APPLICANT: JOSEPH JAMES BREWING CO., INC. Application for Liquor Manufacturer business license for Joseph James Brewing Co., Inc. at 1051 Mary Crest Road, Suite K, Henderson, Nevada 89014. (Motion) Councilwoman Gerri Schroder moved to approve the application for Liquor Manufacturer business license for Joseph James Brewing Co., Inc. at 1051 Mary Crest Road, Suite K, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-22 BUSINESS LICENSE TAVERN AND RESTRICTED GAMING SAMMY’S WOODFIRED PIZZA APPLICANT: PEBBLE RESTAURANTS, LLC Application for Tavern and Restricted Gaming business licenses for Pebble Restaurants, LLC dba Sammy’s Woodfired Pizza, 1501 North Green Valley Parkway, Henderson, Nevada 89074. (Motion) Councilwoman Gerri Schroder moved to approve the application for Tavern and Restricted Gaming business licenses for Pebble Restaurants, LLC dba Sammy’s Woodfired Pizza, 1501 North Green Valley Parkway, Henderson, Nevada 89074, pending payment of fees, Southern Nevada Health District, State Gaming and required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 14 of 43 May 7, 2013 – Minutes CA-23 BUSINESS LICENSE SECONDHAND DEALER CATEGORY B, CLASS I (USED AUTO) B & R AUTO WRECKING APPLICANT: BRP HOLDINGS LLC Application for Secondhand Dealer Category B, Class I (used auto) business license for BRP Holdings LLC dba B & R Auto Wrecking, 1701 Athol Avenue, Henderson, Nevada 89011. (Motion) Councilwoman Gerri Schroder moved to approve the application for Secondhand Dealer Category B, Class I (used auto) business license for BRP Holdings LLC dba B & R Auto Wrecking, 1701 Athol Avenue, Henderson, Nevada 89011, pending required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-24 RIGHT-OF-WAY ROW-006-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-006-13, for a portion of Lake Mead Parkway in the Northwest Quarter of Section 35, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Las Vegas Parkway and Lake Mead Parkway in the Lakemoor Canyon Redevelopment and Foothills Planning Areas Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-006-13, for a portion of Lake Mead Parkway in the Northwest Quarter of Section 35, Township 21 South, Range 63 East, M.D.M., generally located northeast of Lake Las Vegas Parkway and Lake Mead Parkway in the Lakemoor Canyon Redevelopment and Foothills Planning Areas Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 15 of 43 May 7, 2013 – Minutes CA-25 RIGHT-OF-WAY ROW-007-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-007-13, for a driveway dedication along Eastern Avenue in the Northeast Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located northwest of Sunridge Heights Parkway and Eastern Avenue in the Westgate Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-007-13, for a driveway dedication along Eastern Avenue in the Northeast Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located northwest of Sunridge Heights Parkway and Eastern Avenue in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-26 RIGHT-OF-WAY ROW-008-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-008-13, for a municipal utility easement in the Southwest Quarter of Section 11, Township 23 South, Range 61 East, M.D.M., generally located northwest of Via Firenze and Via Seranova in the West Henderson Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-008-13, for a municipal utility easement in the Southwest Quarter of Section 11, Township 23 South, Range 61 East, M.D.M., generally located northwest of Via Firenze and Via Seranova in the West Henderson Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 16 of 43 May 7, 2013 – Minutes CA-27 RIGHT-OF-WAY ROW-009-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-009-13, for a driveway along Siena Heights Drive in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located southeast of Eastern Avenue and St. Rose Parkway in the Westgate Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-009-13, for a driveway along Siena Heights Drive in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located southeast of Eastern Avenue and St. Rose Parkway in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-28 RIGHT-OF-WAY ROW-010-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-010-13, for a driveway along Siena Heights Drive in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located southeast of Eastern Avenue and St. Rose Parkway in the Westgate Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-010-13, for a driveway along Siena Heights Drive in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located southeast of Eastern Avenue and St. Rose Parkway in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 17 of 43 May 7, 2013 – Minutes CA-29 RIGHT-OF-WAY ROW-011-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-011-13, for a driveway along Siena Heights Drive in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located southeast of Eastern Avenue and St. Rose Parkway in the Westgate Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-011-13, for a driveway along Siena Heights Drive in the Southwest Quarter of Section 25, Township 22 South, Range 61 East, M.D.M., generally located southeast of Eastern Avenue and St. Rose Parkway in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-30 RIGHT-OF-WAY ROW-012-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-012-13, for a public drainage easement within the Horizon/Gibson North Subdivision in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located northeast of Gibson Road and Horizon Ridge Parkway in the McCullough Hills Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-012-13, for a public drainage easement within the Horizon/Gibson North Subdivision in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located northeast of Gibson Road and Horizon Ridge Parkway in the McCullough Hills Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 18 of 43 May 7, 2013 – Minutes CA-31 RIGHT-OF-WAY ROW-013-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-013-13, for right-of-way spandrel in the Southeast Quarter of Section 2, Township 22 South, Range 62 East, M.D.M., generally located southeast of Sunset Road and Eastgate Road in the Midway Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-013-13, for right-of-way spandrel in the Southeast Quarter of Section 2, Township 22 South, Range 62 East, M.D.M., generally located southeast of Sunset Road and Eastgate Road in the Midway Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-32 GRANT OF EASEMENT NEVADA POWER COMPANY D/B/A NV ENERGY (HENDERSON MULTIGENERATIONAL CENTER) PUBLIC WORKS DEPARTMENT Approval of Granting an Easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 178-20-310-001 in the Southwest Quarter (SW 1/4) of Section 20, Township 22 South, Range 62 East, M.D.M., generally located at the Henderson Multigenerational Center and Promenade. (Motion) Councilwoman Gerri Schroder moved to approve granting an easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 178-20-310-001 in the Southwest Quarter (SW 1/4) of Section 20, Township 22 South, Range 62 East, M.D.M., generally located at the Henderson Multigenerational Center and Promenade. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 19 of 43 May 7, 2013 – Minutes CA-33 GRANT OF EASEMENT NEVADA POWER COMPANY D/B/A NV ENERGY (HORIZON RIDGE IMPROVEMENT PROJECT) PUBLIC WORKS DEPARTMENT Approval of Granting an Easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 177-25-401-005 in the Southwest Quarter (SW 1/4) of Section 25, Township 22 South, Range 61 East, M.D.M., generally located at the northeast corner of Horizon Ridge Parkway and Jeffreys Street for a transformer for the Horizon Ridge Improvement Project. (Motion) Councilwoman Gerri Schroder moved to approve granting an easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 177-25-401-005 in the Southwest Quarter (SW 1/4) of Section 25, Township 22 South, Range 61 East, M.D.M., generally located at the northeast corner of Horizon Ridge Parkway and Jeffreys Street for a transformer for the Horizon Ridge Improvement Project. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-34 GRANT OF EASEMENT NEVADA POWER COMPANY D/B/A NV ENERGY (BOULDER HIGHWAY AND WELLS) PUBLIC WORKS DEPARTMENT Approval of Granting an Easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 178-12-502-001 in the Northeast Quarter (NE 1/4) of Section 12, Township 22 South, Range 62 East, M.D.M., generally located at the northeast corner of Boulder Highway and Wells Street for electrical facilities to serve the immediate area. (Motion) Councilwoman Gerri Schroder moved to approve granting an easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 178-12-502-001 in the Northeast Quarter (NE 1/4) of Section 12, Township 22 South, Range 62 East, M.D.M., generally located at the northeast corner of Boulder Highway and Wells Street for electrical facilities to serve the immediate area. Henderson City Council Regular Meeting Page 20 of 43 May 7, 2013 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-35 GRANT OF EASEMENT NEVADA POWER COMPANY D/B/A NV ENERGY (PITTMAN WASH TRAIL LIGHTING PROJECT) PUBLIC WORKS DEPARTMENT Approval of Granting an Easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 177-13-403-001 in the Southwest Quarter (SW 1/4) of Section 13, Township 22 South, Range 61 East, M.D.M., generally located northeast of Eastern Avenue and Pebble Road for electrical facilities for the Pittman Wash Trail Lighting Project. (Motion) Councilwoman Gerri Schroder moved to approve granting an easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 177-13-403-001 in the Southwest Quarter (SW 1/4) of Section 13, Township 22 South, Range 61 East, M.D.M., generally located northeast of Eastern Avenue and Pebble Road for electrical facilities for the Pittman Wash Trail Lighting Project. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-36 GRANT OF EASEMENT NEVADA POWER COMPANY D/B/A NV ENERGY (DOS ESCUELAS PARK CELL SITE) PUBLIC WORKS DEPARTMENT Approval of Granting an Easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 178-20-114-001 in the Northwest Quarter (NW 1/4) of Section 20, Township 22 South, Range 62 East, M.D.M., generally located southeast of I-215 and Green Valley Parkway for electrical facilities for the Dos Escuelas Park cell site. Henderson City Council Regular Meeting Page 21 of 43 May 7, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve granting an easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 178-20-114-001 in the Northwest Quarter (NW 1/4) of Section 20, Township 22 South, Range 62 East, M.D.M., generally located southeast of I-215 and Green Valley Parkway for electrical facilities for the Dos Escuelas Park cell site. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-37 VACATION VAC-2013-800085-MUE MUNICIPAL UTILITY EASEMENT PUBLIC WORKS DEPARTMENT Request to vacate a Municipal Utility Easement VAC-2013-800085, per Documents 20030513 as Instrument Numbers 01073 and 01074 in the Northeast Quarter of Section 35, Township 22 South, Range 61 East, M.D.M., generally located southwest of Horizon Ridge Parkway and Jeffreys Street in the Westgate Planning Area. (Motion) Councilwoman Gerri Schroder moved to approve the request to vacate a municipal utility easement VAC-2013-800085, per Documents 20030513 as Instrument Numbers 01073 and 01074 in the Northeast Quarter of Section 35, Township 22 South, Range 61 East, M.D.M., generally located southwest of Horizon Ridge Parkway and Jeffreys Street in the Westgate Planning Area, subject to conditions. 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Vacation shall not occur until such time as the existing utility is abandoned and the new line is in place and accepted, with all appropriate easements granted and/or rights-of-way being dedicated. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 22 of 43 May 7, 2013 – Minutes CA-38 VACATION VAC-12-500280 GIBSON PLAZA APPLICANT: D.R. HORTON, INC. Petition to vacate public right-of-way, municipal utility easements, public utility easements, and public drainage easements in the Northeast Quarter of Section 10, Township 22 South, Range 62, East, M.D.M. generally located southwest of Gibson Road and Warm Springs Road, in the Gibson Springs Planning Area. (Motion) Councilwoman Gerri Schroder moved to approve VAC-12-500280, a petition to vacate public right-of-way, municipal utility easements, public utility easements, and public drainage easements in the Northeast Quarter of Section 10, Township 22 South, Range 62, East, M.D.M. generally located southwest of Gibson Road and Warm Springs Road, in the Gibson Springs Planning Area, subject to conditions: PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Reserve easements to Southwest Gas Corporation. DEPARTMENT OF UTILITY SERVICES CONDITIONS 4. Vacation shall not occur until such time as the existing utility is abandoned and the new line is in place and accepted, with all appropriate easements granted and/or rights-of-way being dedicated. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 23 of 43 May 7, 2013 – Minutes CA-39 VACATION VAC-13-500053 DEEPWATER APPLICANT: PARDEE HOMES OF NEVADA Petition to vacate Deepwater Street and a portion of Aurora Drive (formerly Leslie Lane) in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located southeast of Horizon Ridge Parkway and Gibson Road, in the McCullough Hills Planning Area. (Motion) Councilwoman Gerri Schroder moved to approve VAC-13-500053, a petition to vacate Deepwater Street and a portion of Aurora Drive (formerly Leslie Lane) in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located southeast of Horizon Ridge Parkway and Gibson Road, in the McCullough Hills Planning Area, subject to conditions: PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Applicant shall construct driveable access along Gibson Road to Aurora, prior to recordation of vacation. 4. Applicant shall submit a drainage study (update) for Public Works' approval. 5. Vacation shall record concurrently with final map. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-40 VACATION VAC-13-500072 FIRESTONE - HORIZON RIDGE & ARROYO GRANDE APPLICANT: BRIDGESTONE RETAIL OPERATIONS Petition to vacate a driveway along Arroyo Grande Boulevard in the Southeast Quarter of Section 21, Township 22 South, Range 62 East, M.D.M., generally located east of Horizon Ridge Parkway and Arroyo Grande Boulevard, in the Green Valley Ranch Planning Area. Henderson City Council Regular Meeting Page 24 of 43 May 7, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve VAC-13-500072, a petition to vacate a driveway along Arroyo Grande Boulevard in the Southeast Quarter of Section 21, Township 22 South, Range 62 East, M.D.M., generally located east of Horizon Ridge Parkway and Arroyo Grande Boulevard, in the Green Valley Ranch Planning Area, subject to conditions: PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. New driveway access to be dedicated and constructed prior to vacation recordation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-41 VACATION VAC-13-500073 BRUNER AVENUE & EXECUTIVE AIRPORT DRIVE APPLICANT: CITY OF HENDERSON Petition to vacate portions of Bruner Avenue and Executive Airport Drive in the Northeast Quarter of Section 10, Township 23 South, Range 61 East, M.D.M., generally located south of St. Rose Parkway and Executive Airport Drive, in the West Henderson Planning Area. (Motion) Councilwoman Gerri Schroder moved to approve VAC-13-500073, a petition to vacate portions of Bruner Avenue and Executive Airport Drive in the Northeast Quarter of Section 10, Township 23 South, Range 61 East, M.D.M., generally located south of St. Rose Parkway and Executive Airport Drive, in the West Henderson Planning Area, subject to conditions: Henderson City Council Regular Meeting Page 25 of 43 May 7, 2013 – Minutes PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. VIII. PUBLIC HEARINGS PH-42 PUBLIC HEARING APPEAL AP-03-13 FOR CUP-12-500324 TAVERN AT WIGWAM AND STEPHANIE APPLICANT: LBCB LLC SERIES STEPHANIE 215 Appeal of the Planning Commission's decision to deny the request to allow a Tavern and request to reduce the tavern-to-tavern distance separation (2 taverns and 2 brewpubs) generally located south of Wigwam Parkway and east of Stephanie Street within the Winco shopping center, in the Gibson Springs Planning Area. Tracy Foutz, Acting Director of Community Development and Services, presented a summary of this item. Mayor Hafen commented that the Council did receive a request by the applicant to continue this item. He also noted that a person filled out a comment card wishing to speak because he is not able to attend the meeting to which this item will be continued to. Mayor Hafen opened the public hearing at 7:43 p.m., asking if there was anyone present wishing to speak for or against this item. Philip Van Alstyne, 10785 West Twain Avenue, No. 200, Las Vegas, representing R.C. Willey, stated that they oppose this application because it is not the right type of business for the commercial center. He noted that the CC&Rs for this center allow restaurants with bar, but they exclude taverns with gaming. He said they would like to maintain continuity throughout the center and keep it family-oriented. Henderson City Council Regular Meeting Page 26 of 43 May 7, 2013 – Minutes Responding to a question by Councilwoman Schroder as to why the owner of this property did not participate in the meetings to draft the CC&R's for the area, Mr. Van Alstyne replied that all the property owners and occupants were invited to participate and he does not know why this particular owner did not attend. (Motion) Mayor Andy Hafen moved to continue to this item to May 21, 2013, at the request of the applicant. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. IX. BILLS TO BE READ IN TITLE B-43 BILL NO. 2715 ZCA-09-660017 VA SATELLITE OUTPATIENT CLINIC APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2842, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS, DESCRIBED AS A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE EAST SIDE OF BOULDER HIGHWAY ADJACENT TO SAUSALITO DRIVE AT PIMLICO DRIVE ON 6.0 ACRES IN THE RIVER MOUNTAIN PLANNING AREA, FROM MC (CORRIDOR/COMMUNITY MIXED USE) TO MC-PUD (CORRIDOR/COMMUNITY MIXED USE WITH PLANNED UNIT DEVELOPMENT OVERLAY); AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2715 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 27 of 43 May 7, 2013 – Minutes B-44 BILL NO. 2716 ZCA-09-660015 FUNDAMENTAL HEALTH APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2842, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS, DESCRIBED AS A PORTION OF SECTION 13, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED EAST OF EASTERN AVENUE AND SOUTH WIGWAM PARKWAY, ON 3.0 ACRES IN THE GREEN VALLEY SOUTH PLANNING AREA FROM RM-16 (MEDIUM-DENSITY RESIDENTIAL) TO PS (PUBLIC/SEMIPUBLIC); AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2716 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-45 BILL NO. 2717 ZCO-04-670046 CRESCENT RIDGE – DETACHED GARAGE BUILDINGS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2842, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS, DESCRIBED AS A PORTION OF SECTION 34, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED SOUTHWEST OF CONESTOGA WAY AND NEVADA STATE DRIVE, IN THE COLLEGE PLAN AND MISSION HILLS PLANNING AREA, ON 2.0 ACRES FROM RM-16-PUD (MEDIUM DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO IP-PUD (INDUSTRIAL PARK WITH PLANNED UNIT DEVELOPMENT OVERLAY); AND MATTERS PROPERLY RELATED THERETO. (Action) This item was withdrawn at the request of staff. Henderson City Council Regular Meeting Page 28 of 43 May 7, 2013 – Minutes B-46 BILL NO. 2718 ZCO-04-670064 CONESTOGA MINI-STORAGE APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2842, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS DESCRIBED AS A PORTION OF SECTION 34, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF NEVADA STATE DRIVE AND CONESTOGA WAY, IN THE MISSION HILLS PLANNING AREA FROM MC (CORRIDOR/COMMUNITY MIXED USE) TO CH-PUD (COMMERCIAL HIGHWAY WITH PLANNED UNIT DEVELOPMENT OVERLAY) ON 10.9 ACRES; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2718 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-47 BILL NO. 2719 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.01 POLICE SERVICES FEES CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 8.01 TO COMPLY WITH STATE AND LOCAL FEE SCHEDULES AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 29 of 43 May 7, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2719 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-48 BILL NO. 2720 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.02 VIOLATION OF STATE LAW CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.02 IN ORDER TO COMPLY WITH STATE LAW AND PROVIDE CONSISTENCY WITHIN THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2720 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-49 BILL NO. 2721 REPEAL HENDERSON MUNICIPAL CODE CHAPTER 8.03 POLICE CANINE UNITS CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 8.03 OF THE HENDERSON MUNICIPAL CODE AS NEVADA REVISED STATUTE (NRS) 574.105 PREEMPTS THE CODE AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 30 of 43 May 7, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2721 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-50 BILL NO. 2722 REPEAL HENDERSON MUNICIPAL CODE CHAPTER 8.07 DISTRIBUTION AND DISPLAY OF MATERIAL HARMFUL TO MINORS CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 8.07 OF THE HENDERSON MUNICIPAL CODE AS NEVADA REVISED STATUTE (NRS) 201.256 PREEMPTS THE CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2722 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-51 BILL NO. 2723 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.10 SPECIAL EVENTS CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.10 PROVIDING CONSISTENCY THROUGHOUT THE CHAPTER AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 31 of 43 May 7, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2723 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-52 BILL NO. 2724 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.11 PARADE AND PUBLIC ASSEMBLY CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.11 PROVIDING CONSISTENCY THROUGHOUT THE CHAPTER AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2724 to the Committee Meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-53 BILL NO. 2725 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.12 CONTRIBUTING TO THE DELINQUENCY OF MINORS CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.12 PROVIDING CONSISTENCY WITH NEVADA REVISED STATUTES AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 32 of 43 May 7, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2725 to the Committee meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-54 BILL NO. 2726 AMEND HENDERSON MUNICIPAL CODE CHAPTERS 8.32 DISORDERLY CONDUCT AND 8.37 AND CAMPING-OUTDOOR FIRES AND REPEAL 8.36 FIRES CITY ATTORNEY'S OFFICE / FIRE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTERS 8.32 AND 8.37 AND REPEAL CHAPTER 8.36 IN ACCORDANCE WITH NEVADA REVISED STATUTES AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2726 to the Committee Meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-55 BILL NO. 2727 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.09 SKATING ON PREMISES OF MUNICIPAL FACILITIES CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.09 FOR THE PURPOSE OF CONCISE CLARIFICATION, REMOVING UNNECESSARY SECTIONS AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 33 of 43 May 7, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2727 to the Committee Meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. B-56 BILL NO. 2728 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.28 HOTEL REGISTERS CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT Jacob Snow, City Manager, introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.28 TO REFLECT CHANGES IN TECHNOLOGY AND MATTERS PROPERLY RELATING THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2728 to the Committee Meeting of May 21, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. X. PUBLIC COMMENT Gina Greisen, no address given, representing Nevada Voters for Animals, stated that Onion is a dog who has been kept at the Henderson Animal Shelter for over a year awaiting a decision by the Nevada Supreme Court. She expressed concern that Onion is kept in a cage in solitary confinement with no physical human contact and no exercise. Ms. Greisen commented that she is disappointed that Councilwoman Schroder did not respond to recent communication and did not address her concerns. Councilwoman Schroder said Ms. Greisen did receive a response regarding this issue. Henderson City Council Regular Meeting Page 34 of 43 May 7, 2013 – Minutes Annoula Wylderich, 4328 Murillo Street, Las Vegas, stated that most people will agree that Onion does deserve a modicum of compassion and humanity. This dog is isolated, clueless, frustrated, and frightened, and he should have human contact and fresh air. She questioned whether Onion is receiving proper care, and asked that she and a trainer be allowed to visit Onion and possibly work with him. She read a letter by Carmen Vidarte, 300 Queen Creek Circle, who is also concerned about whether the dog is receiving proper care. Responding to a question by Councilwoman Schroder regarding an update on the Nevada Supreme Court case, Josh Reid, City Attorney, stated that the City is under a stay until the Nevada Supreme Court makes a decision. He noted that the Lexus Project does have the option to withdraw their appeal. Mr. Reid stated that the dog is under the care of a veterinarian at least three times a week and is cared for by a veterinarian technician. He said the last report is that Onion is in great health. XI. UNFINISHED BUSINESS UB-57 BILL NO. 2712 ZCO-01-670019-A6 BLACK MOUNTAIN INDUSTRIAL CENTER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND THE LANDWELL COMPANY Jacob Snow, City Manager, introduced and read Ordinance No. 3002 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 11, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED SOUTHEAST OF WARM SPRINGS ROAD AND EASTGATE ROAD, IN THE MIDWAY PLANNING AREA, TO ALLOW ADDITIONAL ANCILLARY USES ASSOCIATED WITH A BREWERY ON A 49-ACRE PORTION OF THE BLACK MOUNTAIN INDUSTRIAL CENTER MASTER PLAN, AND MATTERS PROPERLY RELATING THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2712 as Ordinance No. 3002. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 35 of 43 May 7, 2013 – Minutes UB-58 BILL NO. 2713 ZCO-05-670061-A2 EASTSIDE REDEVELOPMENT AREA APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND CITY OF HENDERSON REDEVELOPMENT AGENCY 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 34, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED EAST OF US-95 AND STEPHANIE STREET, IN THE EASTSIDE REDEVELOPMENT AREA MIDWAY PLANNING AREA, ON 58 ACRES, FROM PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY) AND PS-MP-AE (PUBLIC/SEMIPUBLIC WITH MASTER PLAN AND AIRPORT ENVIRONS OVERLAY) TO PS-MP-RD (PUBLIC/SEMIPUBLIC WITH MASTER PLAN AND REDEVELOPMENT OVERLAY) AND PS-MP-AE- RD (PUBLIC/SEMIPUBLIC WITH MASTER PLAN, AIRPORT ENVIRONS, AND REDEVELOPMENT OVERLAY), AND MATTERS PROPERLY RELATING THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2713 as Ordinance No. 3003. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 36 of 43 May 7, 2013 – Minutes UB-59 BILL NO. 2714 ZONE CHANGE ZCA-12-500203 NEW SONG CHURCH COMMUNITY DEVELOPMENT AND SERVICES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 6, TOWNSHIP 23 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, ON 5.1 ACRES LOCATED AT THE NORTHWEST CORNER OF REUNION DRIVE AND CORNET STREET, IN THE ANTHEM PLANNING AREA FROM RS-6-MP (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) TO PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY), AND MATTERS PROPERLY RELATING THERETO. (Action) This item was declared moot due to the accompanying Item C-3 being withdrawn and read into title again at the May 21, 2013, City Council Committee Meeting. UB-60 ZONE CHANGE AMENDMENT ZCA-06-660056-A1 HORIZON AND VALLE VERDE COMMERCIAL SUBDIVISION APPLICANT: BANK OF NEVADA Amend a zone change to rezone from PS (Public/Semipublic) on 2.9 acres, RS-2 (Low-Density Residential) on 1.5 acres, and RS-6 (Low-Density Residential) on 0.1 acre to CO (Commercial Office) on 4.5 acres and to remove the site and architectural designs and waivers, generally located northeast of the intersection of Horizon Ridge Parkway and Valle Verde Drive, in the Green Valley Ranch Planning Area. (Action) This item was continued to the June 11, 2013, City Council Meeting at the request of the applicant. Henderson City Council Regular Meeting Page 37 of 43 May 7, 2013 – Minutes UB-61 ACCOMPANYING BILL NO. 2706 FOR UB-60 ZCA-06-660056-A1 HORIZON AND VALLE VERDE COMMERCIAL SUBDIVISION APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND BANK OF NEVADA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF HORIZON RIDGE PARKWAY AND VALLE VERDE DRIVE FROM PS (PUBLIC/SEMIPUBLIC) ON 2.9 ACRES, RS-2 (LOW-DENSITY RESIDENTIAL) ON 1.5 ACRES, AND RS-6 (LOW-DENSITY RESIDENTIAL) ON 0.1 ACRE TO CO (COMMERCIAL OFFICE) ON 4.5 ACRES AND TO REMOVE THE SITE AND ARCHITECTURAL DESIGNS AND WAIVERS, AND MATTERS PROPERLY RELATING THERETO. (Action) This item was continued to the June 11, 2013, City Council Meeting at the request of the applicant. UB-62 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. (Action) This item was continued to the May 21, 2013, City Council Meeting at the request of the applicant. XII. NEW BUSINESS NB-63 FINANCIAL UPDATE FINANCE DEPARTMENT Presentation and update by the Finance Department on the current financial position of the City. Henderson City Council Regular Meeting Page 38 of 43 May 7, 2013 – Minutes Richard Derrick, Finance Director, reported that the consolidated tax revenue for February 2013 totaled $5.9 million. The largest increases in taxable sales collections were in the areas of motor vehicle and parts dealers, clothing and clothing accessory stores, and furniture and home furnishings. He stated that the fiscal year 2013 year-to-date results remain relatively close to staff’s original projections. Mr. Derrick reported that the 2014 Tentative Budget has been available for public review since April 15, 2013, and is currently being reviewed by the Nevada Department of Taxation to ensure it is in compliance with Nevada Revised Statutes and appropriate regulations. He said this tentative budget will be presented to the City Council for adoption as the final budget at a public hearing on May 21, 2013. (Motion) Mayor Andy Hafen moved to accept the presentation and update by the Finance Department on the current financial position of the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. NB-64 APPOINTMENT SUBSTITUTE JUDGE MUNICIPAL COURT Expand the Substitute Municipal Court Judge Panel by appointing Honorable Nancy C. Oesterle as a Substitute Municipal Court Judge. (Motion) Councilman Sam Bateman moved to appoint Honorable Nancy C. Oesterle as a Substitute Municipal Court Judge. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 39 of 43 May 7, 2013 – Minutes NB-65 APPOINTMENT (MAYOR HAFEN) SOUTHERN NEVADA AREA COMMUNICATIONS COUNCIL (SNACC) POLICE DEPARTMENT One appointment by Mayor Hafen to the Southern Nevada Area Communications Council Board to fill an alternate member vacancy left by Police Captain Michael Garner, with length of term to be indefinite. (Motion) Mayor Andy Hafen moved to appoint Captain James Green to the Southern Nevada Area Communications Council Board to fill an alternate member vacancy left by Police Captain Michael Garner, with length of term to be indefinite. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. NB-66 REQUEST BY INSPIRADA BUILDERS, LLC MODIFY LOCAL IMPROVEMENT DISTRICT (LID) T-18, INSPIRADA PURSUANT TO NRS 271.641 PUBLIC WORKS DEPARTMENT Request by Inspirada Builders, LLC to Modify Local Improvement District (LID) T-18, Inspirada, pursuant to NRS 271.641 (Engineer’s report: Preparation and filing; contents), to determine whether modification to the district is warranted and to direct staff to prepare a proposal for a modified Engineer’s Report. Bob Murnane, Director of Public Works, said changes to Local Improvement District T-18 are contemplated, and recent changes in statute allow for such revisions to occur. He noted that action on this item will seek approval to acknowledge that changes are warranted and direct staff to secure the engineer’s report. Responding to a comment by Mayor Hafen that this action does not commit or bind the City to anything, Mr. Murnane said it will provide staff with technical information to review this request. Henderson City Council Regular Meeting Page 40 of 43 May 7, 2013 – Minutes (Motion) Mayor Andy Hafen moved to confirm the modification to Local Improvement District (LID) T-18 is warranted and approve the request to direct staff to prepare a proposal for a modified Engineer’s Report. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. NB-67 STAFF UPDATE REPORT RESIDENTIAL PARKING PERMIT PROGRAM PUBLIC WORKS DEPARTMENT Provide findings gathered by staff concerning the Citizens Traffic Advisory Board (CTAB) recommendation to create a residential parking permit program that was brought before Council on January 8, 2013. John Penuelas, City Traffic Engineer, distributed and reviewed a report on the feasibility of a residential parking permit program. He thanked the following team members for their help drafting this report: Brent Gunson, Assistant City Attorney II; Barbara Geach, Neighborhood Relations Manager, and Lt. Dennison, Henderson Police Department. Mr. Penuelas also thanked the efforts of the Clark County School District; Principal Donadio, representing Foothills High School; and Trustee Board Member Deanna Wright for their input in several meetings. Mr. Penuelas explained that this proposed program is a result of residents’ concerns that high school students parking on residential streets was causing problems. He noted that Principal Donadio directed her campus police periodically patrol the neighborhood to address truancy and other issues. These efforts led to the issuance of four citations and four expulsions. He said the principal authorized the regular announcement that parking off campus is not recommended, and asked that residents call her directly to report any concerns with student behavior. Mr. Penuelas reported that the Henderson Police Department increased parking enforcement and patrol activities, which resulted in 23 warnings and one citation being given since May of 2012. He said the Public Works Department painted approximately 315 feet of red curb to prohibit parking in the sight zones at three separate intersections. Henderson City Council Regular Meeting Page 41 of 43 May 7, 2013 – Minutes Regarding a residential parking permit program, the City Attorney’s Office has researched case law and other ordinances throughout the country. In order to withstand a judicial review, any program must address a parking problem. He noted that the City Attorney’s Office also recommends that if the City pursues a change in the Henderson Municipal Code to create a residential parking program, it should be substantially the same as the criteria used for the City of Las Vegas parking permit program. Mr. Penuelas explained that staff put up a video camera and collected data involving 18 days over a three-month period. The City of Las Vegas parking permit program requires 70 percent of the available parking be occupied for at least two hours in the day between 8:00 a.m. and 6:00 p.m. He displayed an aerial photograph of the study area, and said staff found that at no time during the study did the parking demand exceed 18 percent of the parking supply within the study area. He also pointed out that the numbers are well below the thresholds established in other cities. In conclusion, Mr. Penuelas stated that the peak parking demand observed did not meet the objective standard established by the City of Las Vegas criteria. He said Public Works will establish a policy to use the City of Las Vegas criteria in the future to determine if a parking problem exists within other neighborhoods. He noted that the parking issue is an ongoing effort, and staff will make sure the signs and the curb are kept in good condition. Councilwoman Schroder thanked everyone for their hard work, and said staff should continue to monitor the issue every school year. Mayor Hafen thanked everyone for working together to address the concerns, and believes this report provides criteria to evaluate similar situations in other neighborhoods. (Motion) Mayor Andy Hafen moved to accept the staff report on the residential parking permit study. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 42 of 43 May 7, 2013 – Minutes NB-68 TENTATIVE MAP TMA-12-500308 (APPEAL AP-04-13) CADENCE PHASE I - NEIGHBORHOOD TENTATIVE MAP APPLICANT: BILL CURRAN, ESQ.,BALLARD SPARH, LLP Appeal of the Planning Commission's decision to approve the request for a 28-lot neighborhood tentative map for Cadence Phase 1 on 392 acres, located north of the intersection of Lake Mead Parkway and Warm Springs Road in the Eastside Redevelopment and Valley View Planning Areas. (Action) This item was continued to the May 21, 2013, City Council Meeting at the request of the appellant and staff. NB-69 VACATION VAC-13-500042 MOHAWK DRIVE APPLICANT: BASIC ENVIRONMENTAL CO., LLC Petition to vacate portions of Mohawk Drive in Section 5, Township 22 South, Range 63 East, M.D.M., generally located northwest of Lake Mead Parkway and Mohawk Drive, in the Eastside Redevelopment and Pittman Planning Areas. (Action) This item was continued to the May 21, 2013, City Council Meeting at the request of the appellant and staff. XIII. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March congratulated Councilman Sam Bateman on his recent wedding. Councilwoman Schroder commented that the trip to Washington D.C. to meet with the congressional delegation was successful and informative. XIV. SET MEETING The Committee Meeting for May 21, 2013, was set for 6:30 p.m. Henderson City Council Regular Meeting Page 43 of 43 May 7, 2013 – Minutes XV. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:28 p.m. PASSED AND ADOPTED THIS 21st DAY OF MAY, 2013. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk