City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING May 21, 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 Acting City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Jacob Snow, City Manager Josh Reid, City Manager Absent: Sabrina Mercadante, City Clerk Staff: Stacey Brownfield, Acting City Clerk Robert Murnane, Public Works Director Tracy Foutz, Acting Director of Community Development and Svs. 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 Mike Campbell, a City of Henderson employee, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 42 Tuesday, May 21, 2013 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended: UB-44 – Continued to July 16, 2013, at the request of the appellant. UB-45 – Continued to July 16, 2013, at the request of the applicant. UB-56 – Moot due to withdrawal of C-11 from the Committee Meeting. NB-61 – Withdrawn at the request of staff.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 AND PRESENTATIONS PR-1 COMMENDATIONS MICHELE BACON, STEPHANIE GANKAS BRANDY KELLAMS, WENDY LANE PARKS AND RECREATION Commendations recognizing Galloway Elementary School teachers Michele Bacon, Stephanie Gankas, Brandy Kellams, and Wendy Lane for teaching their 4th graders about the meaning of environmental stewardship through the annual Arbor Day program and the Arbor Day Celebration school site events. (Action) City Manager Snow read the commendation recognizing Galloway Elementary School teachers Michele Bacon, Stephanie Gankas, Brandy Kellams, and Wendy Lane for teaching their 4th graders about the meaning of environmental stewardship through the annual Arbor Day program and the Arbor Day Celebration school site events, which was presented to them by the Mayor and Council. Henderson City Council Regular Meeting Page 3 of 42 Tuesday, May 21, 2013 – Minutes PR-2 PRESENTATION LAS VEGAS GLOBAL BUSINESS DISTRICT CITY COUNCIL Presentation by Rossi Ralenkotter, President/CEO, Las Vegas Convention and Visitors Authority, on the Las Vegas Global Business District. (Action) Rossi Ralenkotter, President/CEO of the Las Vegas Convention and Visitors Authority, presented plans for the Las Vegas Global Business District to the Mayor and Council. He gave a PowerPoint presentation on the Las Vegas Global Business District. He showed several artist renderings of the facility and reviewed the following aspects of the District: brand experience, the building, World Trade Center, and transportation. Councilwoman March stated that the transportation piece of this facility is very critical and it is nice that the resort industry is looking for future transportation. She believes that our partnership is critical in terms of transportation and land use. Councilwoman Schroder commented that this facility is very exciting and she thinks it will involve different communities. Councilman Marz said this is long overdue and this effort will make the facility a convention and destination experience. Mayor Hafen said Mr. Ralenkotter is a national leader in convention business and the president of the National Convention Association. Note: Mayor Hafen recognized Boy Scout Troop No. 949 in the audience. VI. CITY MANAGER'S REPORT Jacob Snow, City Manager recognized Captains Marc Cassell and Dane Mattoon for graduating from Northwestern University’s Police Staff and Command School. On Saturday, May 4, 2013, Neighborhood Services hosted the annual Henderson Shines community cleanup and education day at the Henderson Pavilion. Over 600 cars drove through to donate items, which was a 300 percent increase in vehicles over last year. He thanked staff, volunteers, and residents for their contribution to our goal of keeping Henderson a clean, sustainable and premier community. Henderson City Council Regular Meeting Page 4 of 42 Tuesday, May 21, 2013 – Minutes Councilwoman Schroder noted that Opportunity Village did the shredding at the Henderson Shines event. Mr. Snow congratulated CJ Odgers, Network Specialist II in IT, for earning the Cisco CCIE certification, which required extensive studies and passing a rigorous exam. This prestigious certification distinguishes top level networking experts and is held by less than one percent of all networking professionals worldwide. Mr. Snow also congratulated Cody Walker from the Economic Development and Redevelopment Division and Courtney Lancaster from Human Resources for completing the 2013 Leadership Henderson program. This eight-month course is devoted to educating and empowering professionals to become effective leaders in the community. He noted that the class of 2013 raised more than $30,000.00 to support the Brown Junior High School Band & Orchestra Program. The Western Chapter of the International Society of Arboriculture presented its Gold Leaf Award to the Parks and Recreation Department for its Therapeutic Recreation Arbor Day program. This award was accepted by Kirk Niemand, Park Operations Manager; and Sheri Cordray, Therapeutic Recreation Supervisor. VII. CONSENT AGENDA CA-3 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS MAY 7, 2013 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting Minutes of May 7, 2013. (Motion) Councilman Sam Bateman moved to adopt the City of Henderson City Council Committee and Regular Meeting Minutes of May 7, 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 5 of 42 Tuesday, May 21, 2013 – Minutes CA-4 CASH REQUIREMENTS REGISTER APRIL 1, 2013, THROUGH APRIL 30, 2013 FINANCE DEPARTMENT Cash Requirements for the period of April 1, 2013, through April 30, 2013, in the amount of $15,452,291.82. (Motion) Councilman Sam Bateman moved to approve the Cash Requirements Register for the period of April 1, 2013, through April 30, 2013, in the amount of $15,452,291.82. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 AGREEMENT PUMP STATION 19A SURGE MITIGATION PROJECT CONTRI CONSTRUCTION COMPANY CMTS NO. 124-13-U0053-004 DEPARTMENT OF UTILITY SERVICES Agreement for Construction Manager-at-Risk (CMAR) Preconstruction Services between the City of Henderson and Contri Construction Company in the amount of $65,000.00, for the Pump Station 19A Surge Mitigation project, authorize a budget augmentation in the amount of $65,000.00 to fund the project, and authorize the City Manager to execute the agreement for the City. (Motion) Councilman Sam Bateman moved to approve the agreement for Construction Manager-at-Risk (CMAR) Preconstruction Services between the City of Henderson and Contri Construction Company in the amount of $65,000.00 for the Pump Station 19A Surge Mitigation project, authorize a budget augmentation in the amount of $65,000.00 to fund the project, 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, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 6 of 42 Tuesday, May 21, 2013 – Minutes CA-6 AGREEMENT FUNDING AND BUDGET FOR LAS VEGAS WASH ACTIVITIES FISCAL YEAR 2013/2014 CMTS NO. 724-ILA-08-052008-0948 DEPARTMENT OF UTILITY SERVICES Interlocal agreement between the City of Henderson, City of Las Vegas, City of North Las Vegas, Clark County, Clark County Regional Flood Control District, Clark County Water Reclamation District, and Southern Nevada Water Authority to establish funding allocations and the budget for Las Vegas Wash activities in fiscal year 2013/2014. (Motion) Councilman Sam Bateman moved to approve the Interlocal Agreement for funding allocations, budget and payment of $31,793.00 by the City of Henderson for the stabilization and enhancement of the Las Vegas Wash. 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 AWARD OF CONTRACT GALLERIA PEDESTRIAN BRIDGE CMTS NO. 131-12-ST-192-001 PUBLIC WORKS DEPARTMENT Award Contract No. 131-12-ST-192-001, Galleria Pedestrian Bridge to Aggregate Industries SWR Inc., for the construction of a pedestrian bridge and related landscaping, in the amount of $170,000.00. (Motion) Councilman Sam Bateman moved to award Contract No. 131-12-ST-192-001, Galleria Pedestrian Bridge project to Aggregate Industries SWR Inc., for the construction of a pedestrian bridge and related landscaping, in the amount of $170,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 7 of 42 Tuesday, May 21, 2013 – Minutes CA-8 AWARD OF CONTRACT GREEN VALLEY PARK BASKETBALL COURT REPLACEMENT PROJECT CMTS NO. 411-13-PKS-011 PARKS AND RECREATION Award of contract to Hill & Hill Construction LLC to remove the existing basketball court and design and install a post tension concrete basketball court at Green Valley Park, in the amount of $72,117.65 and augment the project budget to include $10,000.00 in contingency funds, and authorize the City Manager or his designee to execute the agreement for the City and authorize the Director or her designee to execute change orders within the approved project budget. (Motion) Councilman Sam Bateman moved to award the contract to Hill & Hill Construction LLC to remove the existing basketball court and design and install a post tension concrete basketball court at Green Valley Park, in the amount of $72,117.65 and augment the project budget to include $10,000.00 in contingency funds, and authorize the City Manager or his designee to execute the agreement for the City and authorize the Director or her 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, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 AWARD INVITATION FOR BIDS (IFB) 124-13-02 RESERVOIR CLEANING AND INSPECTION SERVICES CMTS NO. 124-13-04222013 DEPARTMENT OF UTILITY SERVICES Award Invitation for Bids (IFB) 124-13-03, Reservoir Cleaning and Inspection Services, to Applied Diving Services, Inc., and authorize the City Manager to execute the contract and renewals in an estimated amount of $50,000.00 annually. Henderson City Council Regular Meeting Page 8 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Councilman Sam Bateman moved to award Invitation for Bids (IFB) 124-13-03, "Reservoir Cleaning and Inspection Services" to Applied Diving Services, Inc., and authorize the City Manager to execute the contract and renewals in an estimated amount of $50,000.00 annually. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 AUTHORIZATION TO SELECT CMAR CONTRACTOR GALLERIA DRIVE – PABCO ROAD TO LAKE LAS VEGAS PARKWAY CMTS NO. 131-13-ST-107-001 PUBLIC WORKS DEPARTMENT Authorize staff to select a Construction Management at Risk (CMAR) Contractor and negotiate services for Contract No. 131-13-ST-107-001, Galleria Drive – Pabco Road to Lake Las Vegas Parkway. (Motion) Councilman Sam Bateman moved to approve the authorization of staff to select a Construction Management at Risk (CMAR) Contractor and negotiate services for Contract No. 131-13-ST-107-001, Galleria Drive – Pabco Road to 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. CA-11 EQUIPMENT PURCHASE ONX ENTERPRISE SOLUTIONS CMTS NO. 123-13-08 DEPARTMENT OF INFORMATION TECHNOLOGY Purchase of Hewlett Packard (HP) computer equipment from Onx Enterprise Solutions in the amount of $174,971.79 and the total purchase not to exceed $175,000.00. Henderson City Council Regular Meeting Page 9 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve the purchase of Hewlett Packard (HP) computer equipment from Onx Enterprise Solutions in the amount of $174,971.79 and the total purchase not to exceed $175,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 MUNICIPAL TREASURER REPORT DELINQUENT ASSESSMENT DISTRICT SALE FINANCE DEPARTMENT Municipal Treasurer Report concerning the April 23, 2013, Delinquent Assessment District Sale. (Motion) Councilman Sam Bateman moved to accept the Municipal Treasurer Report concerning the April 23, 2013, Delinquent Assessment District Sale. 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 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICT (LID) CO-21 FINANCE DEPARTMENT Notice of Sale of Properties for Delinquent Assessments in Local Improvement District (LID) CO-21, set date of the sale for October 22, 2013, and accelerate the assessment amounts due so that the entire remaining balance becomes due and payable. (Motion) Councilman Sam Bateman moved to approve the Notice of Sale of Properties for Delinquent Assessments in Local Improvement District (LID) CO-21, set the date of the sale for October 22, 2013, and accelerate the assessment amounts due so that the entire remaining balance becomes due and payable. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 42 Tuesday, May 21, 2013 – Minutes CA-14 FINANCIAL MANAGEMENT POLICY REVISIONS FINANCE DEPARTMENT Revisions to Financial Management Policy Numbers 1300-01, Fiscal Signature Authority and 300-05, Purchasing. (Motion) Councilman Sam Bateman moved to approve revisions to Financial Management Policy Numbers 1300-01, Fiscal Signature Authority and 300-05, Purchasing. 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 ADDITIONAL GRANT AWARD AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM CMTS NO. 211-09-2101-JAG STIMULUS POLICE DEPARTMENT Accept an additional interest income grant award in the amount of $383.96 to be used towards purchasing ballistic helmets; and approve a budget modification to utilize $18,431.50 of interest income previously approved for personnel salaries on February 19, 2013, to purchase ballistic helmets instead. (Motion) Councilman Sam Bateman moved to accept an additional interest income grant award in the amount of $383.96 to be used towards purchasing ballistic helmets; and approve a budget modification to utilize $18,431.50 of interest income previously approved for personnel salaries on February 19, 2013, to purchase ballistic helmets instead. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 11 of 42 Tuesday, May 21, 2013 – Minutes CA-16 ADDITIONAL GRANT AWARD STATE OF NEVADA, DEPARTMENT OF PUBLIC SAFETY OFFICE OF TRAFFIC SAFETY-JOINING FORCES GRANT 2013 CMTS NO. 211-13-2125-G0431 POLICE DEPARTMENT Grant award for additional grant funds from the State of Nevada, Department of Public Safety, Office of Traffic Safety-Joining Forces Grant 2013 in the amount of $20,650.00 for the City of Henderson Police Department to continue statewide, multi-jurisdictional traffic enforcement events. (Motion) Councilman Sam Bateman moved to accept the grant award for additional grant funds from the State of Nevada, Department of Public Safety, Office of Traffic Safety-Joining Forces Grant 2013 in the amount of $20,650.00 for the City of Henderson Police Department to continue statewide, multi-jurisdictional traffic enforcement events. 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 GRANT AWARD STATE OF NEVADA, DIVISION OF EMERGENCY MANAGEMENT HOMELAND SECURITY CMTS NO. 211-13-2101-G0453 POLICE DEPARTMENT Accept Grant Award from the State of Nevada, Division of Emergency Management Homeland Security FFY 10 Urban Area Security Initiative (UASI) grant to purchase P-25 compliant radios in the amount of $84,000.00. (Motion) Councilman Sam Bateman moved to accept the grant award from the State of Nevada, Division of Emergency Management Homeland Security FFY 10 Urban Area Security Initiative (UASI) grant to purchase P-25 compliant radios in the amount of $84,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 42 Tuesday, May 21, 2013 – Minutes CA-18 GRANT AWARD STATE OF NEVADA, DIVISION OF EMERGENCY MANAGEMENT HOMELAND SECURITY CMTS NO. 211-13-2101-G0454 POLICE DEPARTMENT Accept Grant Award from the State of Nevada, Division of Emergency Management Homeland Security FFY 09 Urban Area Security Initiative (UASI) grant to purchase P-25 compliant radios in the amount of $108,000.00. (Motion) Councilman Sam Bateman moved to accept the grant award from the State of Nevada, Division of Emergency Management Homeland Security FFY 09 Urban Area Security Initiative (UASI) grant to purchase P-25 compliant radios in the amount of $108,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 GRANT AWARD DRUG ENFORCEMENT ADMINISTRATION (DEA) CMTS NO. 211-12-2124-G0455 POLICE DEPARTMENT Grant award from the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) for the City of Henderson Police Department to eradicate illicit cannabis as outlined in the grant agreement, in the amount of $20,000.00. (Motion) Councilman Sam Bateman moved to accept the grant award from the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) for the City of Henderson Police Department to eradicate illicit cannabis as outlined in the grant agreement, in the amount of $20,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 13 of 42 Tuesday, May 21, 2013 – Minutes CA-20 GRANT OF EASEMENT NEVADA POWER COMPANY D/B/A NV ENERGY (WESTON MASTER PLAN FEEDER) 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: 160-32-801-007 in the Southeast Quarter (SE 1/4) of Section 32, Township 21 South, Range 63 East, M.D.M., generally located northwest of Olsen Street and Lake Mead Parkway. (Motion) Councilman Sam Bateman moved to approve granting an easement to Nevada Power Company, a Nevada corporation, d/b/a NV Energy, on City-owned land APN: 160-32-801-007 in the Southeast Quarter (SE 1/4) of Section 32, Township 21 South, Range 63 East, M.D.M., generally located northwest of Olsen Street and Lake Mead 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. CA-21 RIGHT-OF-WAY ROW-014-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-014-13, for a public drainage easement in the Northwest Quarter of Section 34, Township 22 South, Range 61 East, M.D.M., generally located east of Erie/Levi Avenue and Amigo Street in the Westgate Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-014-13, for a public drainage easement in the Northwest Quarter of Section 34, Township 22 South, Range 61 East, M.D.M., generally located east of Erie/Levi Avenue and Amigo Street 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. Henderson City Council Regular Meeting Page 14 of 42 Tuesday, May 21, 2013 – Minutes CA-22 RIGHT-OF-WAY ROW-015-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-015-13, for a public access easement in the Southwest Quarter of Section 27, Township 21 South, Range 63 East, M.D.M., generally located southwest of the intersection of Lake Las Vegas Parkway and Via Vin Santo in the Lake Las Vegas Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-015-13, for a public access easement in the Southwest Quarter of Section 27, Township 21 South, Range 63 East, M.D.M., generally located southwest of the intersection of Lake Las Vegas Parkway and Via Vin Santo in the Lake Las Vegas Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 RIGHT-OF-WAY ROW-016-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-016-13, for a public access easement in the Southwest Quarter of Section 27, Township 21 South, Range 63 East, M.D.M., generally located southwest of the intersection of Lake Las Vegas Parkway and Via Vin Santo in the Lake Las Vegas Planning Area. (Motion) Councilman Sam Bateman moved to accept ROW-016-13, for a public access easement in the Southwest Quarter of Section 27, Township 21 South, Range 63 East, M.D.M., generally located southwest of the intersection of Lake Las Vegas Parkway and Via Vin Santo in the Lake Las Vegas Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 15 of 42 Tuesday, May 21, 2013 – Minutes CA-24 BUSINESS LICENSE MASSAGE ESTABLISHMENT ROCK YOUR BODY YOGA & MASSAGE APPLICANT: KRISTY MOATS MOODY Application for Massage Establishment business license for Kristy Moats Moody, dba Rock Your Body Yoga & Massage, 2645 West Horizon Ridge Parkway, Suite 140, Henderson, Nevada 89052. (Motion) Councilman Sam Bateman moved to approve the application for Massage Establishment business license for Kristy Moats Moody, dba Rock Your Body Yoga & Massage, 2645 West Horizon Ridge Parkway, Suite 140, Henderson, Nevada 89052, 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 MEMORANDUM OF UNDERSTANDING BUSINESS LICENSE/DEPARTMENT OF INFORMATION TECHNOLOGY Memorandum of Understanding between the Office of the Nevada Secretary of State and the City of Henderson, and other Southern Nevada jurisdictions, regarding compliance expectations with Assembly Bill 139. (Motion) Councilman Sam Bateman moved to approve the Memorandum of Understanding between the Nevada Secretary of State’s Office and the City regarding compliance expectations with Assembly Bill 139. 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 16 of 42 Tuesday, May 21, 2013 – Minutes VIII. PUBLIC HEARINGS PH-26 PUBLIC HEARING CITY OF HENDERSON 2013/2014 BUDGET FINANCE DEPARTMENT City of Henderson 2013/2014 Budget. Mayor Hafen opened the public hearing at 7:40 p.m., asking if there was anyone present wishing to speak for or against this item. Richard Derrick, Finance Director, gave a PowerPoint presentation on the City of Henderson Fiscal Year 2014 Financial Budget. He reviewed the financial foundation, efficiency and value, impacts of economic downturn, assessed valuation, property tax revenue, and consolidated tax rates. Mr. Derrick also reviewed how the City has addressed the economic downturn since 2008. He explained graphs relating to the overall City-wide expenditure budget and population, and he reviewed 2014 budget highlights and ongoing strategies and challenges. Mr. Derrick stated that the City’s budget has been available for public review since April 15, 2013, and has been reviewed by the Nevada Department of taxation and found to be in compliance with Nevada Revised Statutes and appropriate regulations. Jacob Snow, City Manager, stated that despite all of the efforts that staff goes through to make cuts to enhance our revenue, each year there are unforeseen things that emerge that erase all the progress financially. He noted that in 2014 the City will be facing a significant additional cost with the Patient Protection and Affordable Health Care Act (PPACA). He recommended the Mayor and Council empanel an ad-hoc special committee to work with the City to examine the budget, review expenditures and collective agreements, and provide recommendations to the City Council next year as to what can be done that would be viable from a cost containment standpoint, a budget reduction standpoint, and from a revenue enhancement standpoint. Mr. Snow noted that people are starting to notice that the city has some fundamental structural problems that we need to address that have not been addressed for several years. The City has a very limited capital improvement program and there is deterioration in streets, parks, and neighborhoods and we do not have the financial resources to address those issues. He stated that there are buildings within the city that were built so long ago that parts are no longer available. He noted that the Henderson Convention Center is more than 30 years old. Mr. Snow said the City of Henderson has been a tremendous value for its residents, but we can no longer go forward without choosing to eliminate or cut services. Henderson City Council Regular Meeting Page 17 of 42 Tuesday, May 21, 2013 – Minutes There being no one else wishing to speak, the public hearing was closed at 7:55 p.m. Councilwoman March said we need to be looking at our sustainable future. We want to be America’s premier community and we are in the top 100 places to live in America. She commented that she believes it is important to invest in the community and Henderson offers a great quality of life. She said she would support the creation of an ad-hoc panel as well as approving the budget. Councilwoman Schroder thanked Mr. Derrick, Mr. Snow, and staff for their hard work. She said the City has done many things to be sustainable and has responded to many challenges. She thinks an ad-hoc committee is a great idea. Councilman Marz stated that the City has been juggling our finances and it is time the citizens should know where our hands are tied. He noted that we are going to need public support in the next few years to change state law and change our legislators attitudes about how cities and municipalities work. He thinks the suggestion of an ad-hoc committee is a wonderful way of making this process open so our citizens have an understanding of what monies we do have and what monies we are obligated to spend that are over and above what we anticipated. In response to a question by Councilman Bateman as to whether the General Fund operating deficit of $2.7 million will decrease, Mr. Derrick replied that this amount does not reflect unspent funds from department or savings from the Voluntary Severance Employee Program (VESP). He said staff is hoping that the budget will be balanced by the end of 2014. He noted that we are within compliance of our financial management policies and trying to protect reserves. Councilman Bateman commented that Clark County intends to use $41 million of their reserves and Las Vegas has different numbers regarding their deficit. He said the ad-hoc committee is a good idea, and it would be beneficial to have members from the public and private sector. He said citizens should be well educated that it may come down to revenue versus services. Mr. Snow noted that the ad-hoc committee would be on a future agenda item. Mayor Hafen thanked Mr. Derrick and all employees for their hard work during these difficult financial times. He said we want the City to be successful, give the very best service to our residents, and be a premier community. He said the ad-hoc committee should include a diverse membership of professionals, business people, and people in the community who have a vested interest in the community. Henderson City Council Regular Meeting Page 18 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Mayor Andy Hafen moved to adopt the tentative budget, as amended, as the City of Henderson's Final Budget for Fiscal Year 2013/2014, including recommended staffing changes. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. IX. BILLS TO BE READ IN TITLE Councilwoman March asked staff to explain the process of reading the bill in title. Josh Reid, City Attorney, explained that bills are read in title at the regular Council meeting and are referred to the next committee meeting where a bill can be discussed and passed, amended, or held. The bills are then forwarded to the next Regular Council meeting where they are voted on and the ordinance becomes effective. Councilwoman March clarified that anything being read in title is for the purpose of a formal process and the vote will actually occur at a subsequent meeting. Mr. Reid confirmed that any discussion on a bill is to take place in the committee meeting, which would be June 11, 2013. B-27 BILL NO. 2729 AMENDING ORDINANCE NO. 2724 UNIFORM REGULATIONS FOR THE CONTROL OF DRAINAGE PUBLIC WORKS DEPARTMENT Jacob Snow, City Manager, introduced and read Bill No. 2729 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA AMENDING TITLE 15.50.010 BY ADOPTING THE UNIFORM REGULATIONS FOR THE CONTROL OF DRAINAGE, REVISED, EFFECTIVE FEBRUARY 14, 2013, WHICH ARE INCORPORATED BY REFERENCE AND ON FILE IN THE OFFICE OF THE HENDERSON CITY CLERK, ARE AMENDED AND ADOPTED AS THE RULES AND REGULATIONS FOR THE MANAGEMENT, DEVELOPMENT, CONTROL AND ENFORCEMENT OF DRAINAGE AND FLOOD CONTROL MATTERS IN THE CITY OF HENDERSON. Henderson City Council Regular Meeting Page 19 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2729 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-28 BILL NO. 2730 REPEAL HENDERSON MUNICIPAL CODE CHAPTER 2.60 - UTILITIES CITY ATTORNEY'S OFFICE/DEPARTMENT OF UTILITY SERVICES Jacob Snow, City Manager, introduced and read Bill No. 2730 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 2.60 - UTILITIES - OF THE HENDERSON MUNICIPAL CODE AS IT DOES NOT NEED TO BE INCLUDED AND REFLECTS A SINGLE ACTION RATHER THAN AN ONGOING CONCERN TO BE GOVERNED AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2730 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-29 BILL NO. 2731 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.110 DEPARTMENT OF INFORMATION TECHNOLOGY CITY ATTORNEY'S OFFICE/DEPARTMENT OF INFORMATION TECHNOLOGY Jacob Snow, City Manager, introduced and read Bill No. 2731 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.110 - DEPARTMENT OF INFORMATION TECHNOLOGY - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 20 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2731 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-30 BILL NO. 2732 REPEAL HENDERSON MUNICIPAL CODE TITLE 17 - TRAVEL TRAILER PARK CITY ATTORNEY'S OFFICE/COMMUNITY DEVELOPMENT Jacob Snow, City Manager, introduced and read Bill No. 2732 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL TITLE 17 - TRAVEL TRAILER PARK - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2732 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-31 BILL NO. 2733 AMEND HENDERSON MUNICIPAL CODE CHAPTER 14.08 CROSS-CONNECTION CONTROL REGULATIONS CITY ATTORNEY'S OFFICE/DEPARTMENT OF UTILITY SERVICES Jacob Snow, City Manager, introduced and read Bill No. 2733 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 14.08 - CROSS-CONNECTION CONTROL REGULATIONS - OF THE HENDERSON MUNICIPAL CODE REFLECTING CHANGES IN TECHNOLOGY AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 21 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2733 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-32 BILL NO. 2734 AMEND HENDERSON MUNICIPAL CODE SECTION 14.14.100 POOL AND HOT TUB DRAINING CITY ATTORNEY'S OFFICE/DEPARTMENT OF UTILITY SERVICES Jacob Snow, City Manager, introduced and read Bill No. 2734 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 14.14.100 - POOL AND HOT TUB DRAINING - FOR MORE EFFICIENT MANAGEMENT OF RESOURCES AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2734 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-33 BILL NO. 2735 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.24 EMERGENCY MANAGEMENT CITY ATTORNEY'S OFFICE/FIRE DEPARTMENT Jacob Snow, City Manager, introduced and read Bill No. 2735 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.24 - EMERGENCY MANAGEMENT OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 22 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2735 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-34 BILL NO. 2736 REPEAL HENDERSON MUNICIPAL CODE CHAPTER 5.20 AIR POLLUTION CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read Bill No. 2736 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 5.20 - AIR POLLUTION - OF THE HENDERSON MUNICIPAL CODE AS NEVADA REVISED STATUTE (NRS) 445B MANDATES THAT THE CLARK COUNTY DEPARTMENT OF AIR QUALITY OVERSEES THE DEVELOPMENT AND ENFORCEMENT OF AIR QUALITY REGULATIONS IN CLARK COUNTY AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2736 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-35 BILL NO. 2737 AMEND HENDERSON MUNICIPAL CODE SECTIONS 14.17.020 - ESTABLISHMENT OF SERVICE AND 14.17.030 - DISCONTINUANCE OF SERVICE CITY ATTORNEY'S OFFICE/DEPARTMENT OF UTILITY SERVICES Jacob Snow, City Manager, introduced and read Bill No. 2737 by title: Henderson City Council Regular Meeting Page 23 of 42 Tuesday, May 21, 2013 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTIONS 14.17.020 - ESTABLISHMENT OF SERVICE AND 14.17.030 - DISCONTINUANCE OF SERVICE - FOR MORE EFFICIENT MANAGEMENT OF RESOURCES AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2737 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-36 BILL NO. 2738 REPEAL HENDERSON MUNICIPAL CODE CHAPTER 5.24 PUBLIC REST FACILITIES CITY ATTORNEY'S OFFICE/COMMUNITY DEVELOPMENT Jacob Snow, City Manager, introduced and read Bill No. 2738 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 5.24 - PUBLIC REST FACILITIES - OF THE HENDERSON MUNICIPAL CODE AS AN ARCHAIC ORDINANCE THAT IS NOT REFERENCED OR ENFORCED AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2738 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-37 BILL NO. 2739 REPEAL HENDERSON MUNICIPAL CODE CHAPTER 2.42 DELINQUENT LAND CONTRACTS CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read Bill No. 2739 by title: Henderson City Council Regular Meeting Page 24 of 42 Tuesday, May 21, 2013 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 2.42 - DELINQUENT LAND CONTRACTS - OF THE HENDERSON MUNICIPAL CODE AS AN ARCHAIC ORDINANCE THAT IS NOT REFERENCED OR ENFORCED AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2739 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-38 BILL NO. 2740 REPEAL HENDERSON MUNICIPAL CODE CHAPTER 4.26 - CABLE TELEVISION CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read Bill No. 2740 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 4.26 - CABLE TELEVISION - OF THE HENDERSON MUNICIPAL CODE AS NEVADA REVISED STATUTES (NRS) 711 PREEMPTS THE CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Hafen moved to refer Bill No. 2740 to the Committee meeting of June 11, 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 25 of 42 Tuesday, May 21, 2013 – Minutes B-39 BILL NO. 2741 ZONE CHANGE ZCA-12-500203 NEW SONG CHURCH COMMUNITY DEVELOPMENT Jacob Snow, City Manager, introduced and read Bill No. 2741 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 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 RELATED THERETO. Douglas Mikulick, 1204 Cornet Street, said the residents would like to request that the zone change and accompanying conditional use permit application be heard in conjunction with each other. (Motion) Mayor Andy Hafen moved to refer Bill No. 2741 to the Committee Meeting of June 11, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. X. PUBLIC COMMENT There were no comments presented by the public. XI. UNFINISHED BUSINESS UB-40 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. Henderson City Council Regular Meeting Page 26 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Councilman Sam Bateman moved to adopt the City Council Committee and Regular Meeting minutes of April 9, 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. UB-41 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. (Motion) Councilman Sam Bateman moved to adopt the City Council Special and Regular Meeting minutes of April 16, 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. UB-42 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. Tom Amick, 8345 West Sunset Road, representing the applicant, stated that this business license is for the location at Horizon Drive and Horizon Ridge Parkway. He noted that this is the business license item that would follow the zoning approval that currently exists for a tavern at this location. Dave Noahr, 96 Blaven Drive, said he submitted a petition with 106 signatures of residents who live in this area and oppose this item. He stated that the area is single-family residential and the only nearby family restaurant is Buffalo Wild Wings. He said a restaurant would better serve the neighborhood than a casino. Henderson City Council Regular Meeting Page 27 of 42 Tuesday, May 21, 2013 – Minutes Mr. Noahr displayed a map showing 77 existing Dotty’s locations in Las Vegas. Councilman Bateman said this location was initially a restaurant with bar and the owner asked for a waiver to have a tavern. This request was granted by the Planning Commission and that decision was not appealed. Tracy Foutz, Acting Director of Community Development and Services, confirmed that a use permit was approved for the tavern use and a waiver from PT's Pub. Councilman Bateman said he shares the concerns of Mr. Noahr; however, this concern needed to be addressed when the conditional use permit application came forward. He stated that the Council's hands are tied tonight because this application is for a business license. He noted that the conditional use permit application did not come before the City Council. (Motion) Mayor Andy 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, 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, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-43 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. Lyle Brennan, 1549 Foothills Village Drive, representing the applicant, said he has come to a compromise with two of the groups that were originally opposed to this application. He asked that the following condition be added: Applicant acknowledges and understands that he will be subject to any Title 4 and Title 19 amendments and changes adopted within the 365-day period following approval of this conditional use permit, as such amendments and changes pertain to tavern, liquor, and gaming uses and licenses. Henderson City Council Regular Meeting Page 28 of 42 Tuesday, May 21, 2013 – Minutes Jamie Adao, 20250 Plummer Street, Chatsworth, California, 91311, representing Lamps Plus, voiced their support for the Planning Commission’s recommendation of denial. She said the location is a shopping area with family-oriented businesses and the proposed use will be detrimental to the businesses. Councilman Marz said he is struggling with this item because staff is in the process of drafting new codes regarding taverns and restaurants with bars. He expressed concern that it sets a terrible precedent for the Council to grant an applicant the ability to do something without knowing what they are granting. Responding to a question by Councilwoman March as to when staff intends to present changes to the tavern license, Michael Tassi, Planning Manager, said staff plans to brief the Council with proposed changes to the Code and then approach the industry with those changes. He noted that staff also wants to ensure our revisions are in line with changes the State is making. Councilman Marz questioned how the applicant would be affected by waiting until staff completes their proposed changes to the Code. Mr. Brennan replied that he has been in process of the conditional use permit application since November. He said approval of this item would allow him to market the site for a restaurant or other uses that adhere to the new changes. Josh Reid, City Attorney, clarified that if this item is passed and there was a change in the liquor or zoning ordinance, the applicant would not have grandfathered status. If there was a change in relation to the size of the building, it may allow five machines as opposed to the 15 machines, or may require the applicant to have a full commercial restaurant. He asked if the applicant is willing to comply with those rules. Mr. Brennan concurred that he understands and agrees with this clarification. Mr. Foutz noted that the additional Condition 7 should read: Applicant acknowledges and understands that he will be subject to the any Title 4 and Title 19 amendments and changes adopted within the 365-day period following approval of this use permit. As such amendments and changes pertain to tavern, liquor, and gaming using and licenses. Councilwoman Schroder asked what uses the applicant has in mind for this location that would comply with the restricted uses outlined for the shopping center. Henderson City Council Regular Meeting Page 29 of 42 Tuesday, May 21, 2013 – Minutes Mr. Brennan explained that he purchased the land in 2006, subject to the CC&Rs that Landwell put on the property. He received an improvement maintenance agreement in 2007 regarding possible improvements for the center and added restrictions on his property. He noted that he would have to give up easements, but he would not receive benefits if he signed this agreement. (Motion) Mayor Andy Hafen moved to reverse Planning Commission's decision to deny CUP-12-500324 for the Tavern at Wigwam and Stephanie and approve 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, subject to findings of fact and conditions, and an added Condition No. 7. CUP-12-500324 FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this 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 the 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 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. H. The proposed use, its site design and conditions applied thereto, are intended to result in a facility where littering, loitering, and outdoor disturbance or excessive noise are not likely to occur. I. That the proposed use will not adversely affect the welfare of the neighborhood residents because on-site consumption occurs in designated and properly designed areas indoors or outdoors and that, for package sales locations, adequate measures are proposed that on-site consumption is not likely to occur. J. The proposed project, based upon its physical positioning on the site and it’s architectural and design features, is compatible with the surrounding neighborhood. Considerations to ensure compatibility may include, but are not limited to, an evaluation of security, noise, light and glare, parking location and availability, and service area locations. Henderson City Council Regular Meeting Page 30 of 42 Tuesday, May 21, 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. This conditional use permit for a tavern shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. The approval of a use permit for a tavern is not a guarantee that a liquor license for a tavern will be issued. 5. Applicant shall work with staff to complete a design review for the proposed tavern use. (In KIVA) 6. Applicant shall comply with all conditions of approval for Z/PUD-6-00. 7. Applicant acknowledges and understands the he will be subject to any Title 4 and Title 19 amendments and changes adopted within the 365-day period following the approval of this conditional use permit, as such amendments and changes pertain to tavern, liquor, and gaming uses and licenses. WAIVER a. Reduce the required separation from one existing and three approved taverns/brewpubs from 2,000 feet to 923 feet. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: John F. Marz. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 31 of 42 Tuesday, May 21, 2013 – Minutes UB-44 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) Continued to July 16, 2013, at the request of the appellant. UB-45 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) Continued to July 16, 2013, at the request of the applicant. UB-46 BILL NO. 2715 ZCA-09-660017 VA SATELLITE OUTPATIENT CLINIC APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES Jacob Snow, City Manager, introduced and read Bill No. 2715 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. Henderson City Council Regular Meeting Page 32 of 42 Tuesday, May 21, 2013 – Minutes (Motion) Councilwoman Debra March moved to adopt Bill No. 2715 as Ordinance No. 3004. 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-47 BILL NO. 2716 ZCA-09-660015 FUNDAMENTAL HEALTH APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES Jacob Snow, City Manager, introduced and read Bill No. 2716 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 adopt Bill No. 2716 as Ordinance No. 3005. 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-48 BILL NO. 2718 ZCO-04-670064 CONESTOGA MINI-STORAGE APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES Jacob Snow, City Manager, introduced and read Bill No. 2718 by title: Henderson City Council Regular Meeting Page 33 of 42 Tuesday, May 21, 2013 – Minutes 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) Councilwoman Gerri Schroder moved to adopt Bill No. 2718 as Ordinance No. 3006. 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-49 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 Bill No. 2719 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. (Motion) Councilwoman Debra March moved to adopt Bill No. 2719 as Ordinance No. 3007. 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 34 of 42 Tuesday, May 21, 2013 – Minutes UB-50 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 Bill No. 2720 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 adopt Bill No. 2720 as Ordinance No. 3008. 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-51 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 Bill No. 2721 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. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2721 as Ordinance No. 3009. 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 35 of 42 Tuesday, May 21, 2013 – Minutes UB-52 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 Bill No. 2722 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) Councilwoman Debra March moved to adopt Bill No. 2722 as Ordinance No. 3010. 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-53 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 Bill No. 2723 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. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2723 as Ordinance No. 3011. 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 36 of 42 Tuesday, May 21, 2013 – Minutes UB-54 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 Bill No. 2724 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) Councilwoman Debra March moved to adopt Bill No. 2724 as Ordinance No. 3012. 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-55 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 Bill No. 2725 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. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2725 as Ordinance No. 3013. 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 37 of 42 Tuesday, May 21, 2013 – Minutes UB-56 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 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. (Action) Moot due to withdrawal of C-11 from the Committee Meeting. UB-57 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 Bill No. 2727 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. (Motion) Councilwoman Debra March moved to adopt Bill No. 2727 as Ordinance No. 3014. 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 38 of 42 Tuesday, May 21, 2013 – Minutes UB-58 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 Bill No. 2728 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 adopt Bill No. 2728 as Ordinance No. 3015. 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. XII. NEW BUSINESS NB-59 EXTENSION OF TIME FOR A CONDITIONAL USE PERMIT CUP-11-500168-E1 CORAL ACADEMY OF SCIENCE APPLICANT: CORAL ACADEMY OF SCIENCE-LAS VEGAS Extension of time for a conditional use permit that approved an increase in the student and faculty counts, and a report of traffic incident history for the past year, located at 2150 East Windmill Lane, in the Green Valley North Planning Area. Tracy Foutz, Acting Director of Community Development and Services, summarized the history of this application and noted that this is an update on traffic incidents. He reported that staff found two complaints and two compliments regarding traffic in Contact Henderson. The complaints pertained to traffic being a general nuisance or backing up at the traffic signal to turn right from Windmill Parkway onto Green Valley Parkway. The City increased the right-turn phase of the signal to help clear the backup. He noted that there was a complaint regarding parking, but that issue was resolved. He said the compliments were related to the school improving the traffic situation by coordinating and staggering stop and start times with the adjacent Merryhill school. Henderson City Council Regular Meeting Page 39 of 42 Tuesday, May 21, 2013 – Minutes Mr. Foutz reported that there were ten traffic-related police incidents on Windmill Parkway between May 15, 2012 and April 25, 2013. He commented that none of those incidents resulted in citations being issued, and seven of those incidents occurred during drop off or pick up times. Rudy Starks, 6725 Via Osley Parkway, representing DLR group, said they would like to maintain the number of students at 352 for Coral Academy, 160 students for Merryhill, and 30 staff members. He said they have adhered to the traffic study, barricade plan, and had communications with homeowners’ association. Mr. Starks pointed out that the Merryhill school is satisfied with the progress regarding the traffic concerns. Brian Petty, 2900 Sunridge Parkway; Burnardette Lowe-Miller, 2400 Indian Pony Court; and David Frommer, 216 Thurston Street, voiced their support for this application. Councilwoman Schroder commented that approval of this item would eliminate Conditions 7 and 10. (Motion) Mayor Andy Hafen moved to approve an extension of time for a conditional use permit that approved an increase in the student and faculty counts, and a report of traffic incident history for the past year, located at 2150 East Windmill Lane, in the Green Valley North Planning Area, subject to findings of fact and amended conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. Henderson City Council Regular Meeting Page 40 of 42 Tuesday, May 21, 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. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. DEPARTMENT OF UTILITY SERVICES CONDITION 3. Applicant may be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services' requirements. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 4. 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. 5. Applicant shall comply with all conditions of approval for U-12-93. All conditions of Architectural Review (AR-84-92 and AR-85-92) shall apply to this site and use. 6. The maximum enrollment shall be 352 students for the elementary school facilities, 160 students for the preschool, and 34 staff. Any increase in the size of the facility, staff, or student population shall require an amendment to this use permit. (Amended A3) 7. Non-compliance with the conditions in the Master Traffic Impact Analysis 2011-74-0013, may cause revocation of the conditional use permit. (A2 and A3) 8. Applicant to apply for barricade permits for cones and signs to eliminate the left-hand turn during school hours. 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 41 of 42 Tuesday, May 21, 2013 – Minutes NB-60 APPOINTMENT (MAYOR AND COUNCIL) CIVIL SERVICE BOARD DEPARTMENT OF HUMAN RESOURCES One appointment to the Civil Service Board to fill the vacancy left by Dale Starr, with term to expire May 20, 2016. (Motion) Councilman Sam Bateman moved to appoint Shannon Wittenberger to the Civil Service Board with term to expire May 20, 2016. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-61 BUSINESS LICENSE APPEAL OF STOP WORK ORDER SMOKE SHOP MINI MART APPLICANT: SDCC INC. Appeal of stop work order issued for Gross Revenue business license for SDCC Inc., dba Smoke Shop Mini Mart, 1636 West Warm Springs Road, Henderson, Nevada 89014. (Action) Withdrawn at the request of staff. XIII. MAYOR\COUNCILMEMBER COMMENTS Councilmember March welcomed back Councilman Marz. XIV. SET MEETING The Committee Meeting for June 11, 2013, was set for 6:30 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 8:49 p.m. Henderson City Council Regular Meeting Page 42 of 42 Tuesday, May 21, 2013 – Minutes PASSED AND ADOPTED THIS 11th DAY OF JUNE, 2013. ______________________ Andy Hafen Mayor ATTEST: _______________________ Stacey Brownfield, MMC Acting City Clerk