City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING July 2, 2013 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:03 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The Assistant 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 Gerri Schroder, Councilwoman Debra March, Councilwoman Absent: John F. Marz, Councilman Officers: Josh Reid, City Attorney (excused at approximately 7:25 p.m.) Absent: Jacob L. Snow, City Manager Sabrina Mercadante, City Clerk Staff: Bristol Ellington, Assistant City Manager Travis Buchanan, Senior Assistant City Attorney (beginning at approximately 7:25 p.m.) Stacey Brownfield, Assistant City Clerk Roy Borsellino, Accounting Manager Bob Murnane, Public Works Director Michael Tassi, Planning Manager Tedie Jackson, Minutes Clerk Amber Ellis, Council and Commission Services Coordinator Mayor Hafen stated that this meeting is being video recorded and streamed live to the Web. Henderson City Council Regular Meeting Page 2 of 37 July 2, 2013 – Minutes III. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Hafen asked for a moment of silence in remembrance of Rance Spurlock, a business owner in Downtown Henderson, who passed away last week. The Invocation was given by Pastor Mary Watanabe from South Hills Church, and was followed by the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended: CA-24 was continued to the July 16, 2013, City Council Meeting at the request of staff. CA-31 was continued to the August 6, 2013, City Council Meeting at the request of the applicant. B-33 was withdrawn at the request of staff to be re-read in title at the August 6, 2013, City Council Meeting. UB-36 was moot due to item C-2 being withdrawn from the Committee Meeting agenda. UB-37 was Mmoot due to item C-3 being withdrawn from the Committee Meeting agenda. NB-50 was continued to the August 6, 2013, City Council Meeting 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. V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PROCLAMATION FLASH FLOOD AWARENESS MONTH COMMUNICATIONS AND COUNCIL SUPPORT Proclamation declaring the month of July 2013 as Flash Flood Awareness Month to help citizens be aware of the dangers of flash flooding in Southern Nevada. Henderson City Council Regular Meeting Page 3 of 37 July 2, 2013 – Minutes (Action) Assistant City Manager Ellington invited Gale Fraser, General Manager/Chief Engineer of the Regional Flood Control District to join the Mayor and Council at the podium to receive a proclamation declaring July as Flash Flood Awareness Month and to show a flood awareness video. PR-2 COMMENDATION CRAIG HAMMOND, NEVADA MISSING CHILDREN'S DAY POSTER COMPETITION WINNER COMMUNICATIONS AND COUNCIL SUPPORT Commendation for Craig Hammond, Frank Lamping Elementary School student, for his winning entry in the 2013 Missing Children's Day poster competition, placing first in Nevada and second runner-up in the nation. (Action) Assistant City Manager Ellington invited Robin Haddad from Nevada Child Seekers and Craig Hammond a fifth-grade student from Frank Lamping Elementary School and this year’s 2013 Missing Children’s Day poster winner to join the Mayor and Council at the podium to receive a commendation for Craig’s creative depiction of the 2013 poster contest theme “Bring Our Missing Children Home”. PR-3 PRESENTATION GREEN AMBASSADOR RECYCLING EDUCATION PROGRAM COMMUNITY DEVELOPMENT Clark County School District, UNLV and Republic Services announce the launch of the new Green Ambassador Recycling Education Program in collaboration with the City of Henderson. (Action) Assistant City Manager Ellington invited Ashley Ellis, Foothill High School senior who was accompanied by Kevin Oliverez to join the Mayor and Council at the podium to be presented with certificates for their roles in the launching of the new Green Ambassador pilot recycling program in collaboration with the City of Henderson, Clark County School District, UNLV, and Republic Services. Ashley also presented information to the Council on the program and showed a video recapping their efforts. Henderson City Council Regular Meeting Page 4 of 37 July 2, 2013 – Minutes VI. CITY MANAGER'S REPORT Assistant City Manager Ellington recognized the Henderson Fire Department for the launching of their 3rd annual “Check Your Seats in the Heat…Because Heat Kills” safety campaign. He expressed that it is an important message this time of year, when temperatures reach triple-digits and the interior of a car can become hot enough to cause heat stroke or even death in just a few minutes. This campaign to protect kids and pets from the danger of a hot car is a collaborative effort between the Henderson Professional Fire Fighters, Henderson Police Officers’ Association, Aflac, Kiwanis Club of Greater Henderson, Smith’s and Ford Country. Assistant City Manager Ellington also acknowledged that the Fire Department’s “Check Your Seats in the Heat” and “Safe Pools Rule!” campaigns were both recognized as best practices in the Public Safety and Community Outreach Categories by the International Association of Fire Fighters Media Awards Contest. Finally, Assistant City Manager Ellington reminded everyone about the Fourth of July Celebration on Thursday at Mission Hills Park beginning at 6:00 p.m. He invited everyone to come out and enjoy live music, a battle of the bands competition, family activities and a fireworks display. Ellington shared that there will be a shuttle service and a bike valet available. VII. CONSENT AGENDA CA-4 MINUTES COMMITTEE AND REGULAR CITY COUNCIL MEETINGS JUNE 11, 2013 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of June 11, 2013. (Motion) Councilman Sam Bateman moved to adopt the City Council Committee and Regular Meeting minutes of June 11, 2013. 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 5 of 37 July 2, 2013 – Minutes CA-5 MINUTES SPECIAL AND REGULAR CITY COUNCIL MEETINGS JUNE 18, 2013 CITY CLERK'S OFFICE City of Henderson City Council Special and Regular Meeting minutes of June 18, 2013. (Motion) Councilman Sam Bateman moved to adopt the City Council Special and Regular Meeting minutes of June 18, 2013. 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-6 CHANGE ORDER NO. 1 2013 PARK SHADE STRUCTURES FUNDING SOURCE: RESIDENTIAL CONSTRUCTION TAX - NORTHWEST DISTRICT CMTS NO. 131-13-PR-295-001 PUBLIC WORKS DEPARTMENT Authorize a budget augmentation in the amount of $95,000.00 and approve Change Order No. 1 for the City of Henderson 2013 Park Shade Structures, Contract 131-13-PR-295-001 with Fab 5 Construction, in the amount of $103,194.87. (Motion) Councilman Sam Bateman moved to authorize a budget augmentation in the amount of $95,000.00 and approve Change Order No. 1 for the City of Henderson 2013 Park Shade Structures, Contract #131-13-PR-295-001 with Fab 5 Construction, in the amount of $103,194.87. 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 37 July 2, 2013 – Minutes CA-7 CHANGE ORDER NO. 2 SAFE ROUTES TO SCHOOL PHASE 2 / 2011 RESIDENTIAL STREET R & R FUNDING SOURCE: GAS TAX CMTS NO. 131-12-ST-146-001 PUBLIC WORKS DEPARTMENT Change Order No. 2 for Contract 131-12-ST-146-001 Safe Routes to Schools Phase 2 / 2011 Residential Street R & R, for additional traffic flagging personnel and asphalt material, in the amount of $47,506.13. (Motion) Councilman Sam Bateman moved to approve Change Order No. 2 for Contract 131-12-ST-146-001 Safe Routes to Schools Phase 2 / 2011 Residential Street R & R, for additional traffic flagging personnel and asphalt material, in the amount of $47,506.13. 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 AMEND MASTER LIST OF QUALIFIED FIRMS THAT PROVIDE LEGAL SERVICES BRENNAN LEGAL COUNSEL GROUP, PLLC FUNDING SOURCE: GENERAL FUND CMTS NO. 144-13-41 CITY ATTORNEY'S OFFICE Addition of the firm Brennan Legal Counsel Group, PLLC to the City Attorney's Office master list of qualified firms that provide legal services to the City and authorize the City Manager to execute the agreement and any subsequent amendments. (Motion) Councilman Sam Bateman moved to approve the addition of the firm Brennan Legal Counsel Group, PLLC to the City Attorney's Office master list of qualified firms that provide legal services to the City and authorize the City Manager to execute the agreement and any subsequent amendments. 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 7 of 37 July 2, 2013 – Minutes CA-9 AMENDMENT NO. 1 LEGAL SERVICES FUNDING SOURCE: GENERAL FUND CMTS NOS. 144-12-27, 144-12-18, 144-12-25 CITY ATTORNEY'S OFFICE Amendment No. 1 to the Retainer Agreements for Legal Services with Brownstein Hyatt Farber Schreck, Kolesar & Leatham CHTD, and Parsons Behle & Latimer, in the amount of $1,278,200.00 for fiscal year 2014, and authorization for the City Manager to execute the amendments. (Motion) Councilman Sam Bateman moved to approve Amendment No. 1 to the Retainer Agreements for Legal Services with Brownstein Hyatt Farber Schreck, Kolesar & Leatham CHTD, and Parsons Behle & Latimer, in the amount of $1,278,200.00 for fiscal year 2014, and authorization for the City Manager to execute the amendments. 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 MAINTENANCE AGREEMENT RENEWAL ORACLE CORPORATION FUNDING SOURCE: CITYWIDE SERVICES CMTS NO. 123-13-18 DEPARTMENT OF INFORMATION TECHNOLOGY Renewal for technical support services and maintenance agreement for City enterprise databases between the City of Henderson and Oracle Corporation, for a period of five years in the amounts not to exceed $246,952.03 for FY13/14; $254,361.00 for FY14/15; $261,992.00 for FY15/16; $269,852.00 for FY16/17 and $277,947.00 for FY17/18. (Motion) Councilman Sam Bateman moved to approve the renewal for technical support services and maintenance agreement for City enterprise databases between the City of Henderson and Oracle Corporation, for a period of five years in the amounts not to exceed $246,952.03 for FY13/14, $254,361.00 for FY14/15; $261,992.00 for FY15/16; $269,852.00 for FY16/17 and $277,947.00 for FY17/18. Henderson City Council Regular Meeting Page 8 of 37 July 2, 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-11 ANNUAL SOFTWARE MAINTENANCE AND SUPPORT SERVICE ORACLE CORPORATION FUNDING SOURCE: CITYWIDE SERVICES CMTS NO. 123-13-14 DEPARTMENT OF INFORMATION TECHNOLOGY Approve the renewal of the technical support and maintenance agreement between the City of Henderson and Oracle Corporation for the PeopleSoft software for a period of five years in the amounts not exceed $416,680.43 for FY13/14; $429,181.00 for FY14/15; $442,057.00 for FY15/16; $455,318.00 for FY16/17 and $468,978.00 for FY17/18. (Motion) Councilman Sam Bateman moved to approve the renewal of the technical support and maintenance agreement between the City of Henderson and Oracle Corporation for the PeopleSoft software for a period of five years in the amounts not exceed $416,680.43 for FY13/14; $429,181.00 for FY14/15; $442,057.00 for FY15/16; $455,318.00 for FY16/17; and $468,978.00 for FY17/18. 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 AWARD CONSTRUCTION CONTRACT 7-11 DRIVEWAY MODIFICATIONS AND EQUESTRIAN/MAGIC SIDEWALK PROJECT FUNDING SOURCE: CITY OF HENDERSON GAS TAX AND RTC DIRECT PAY CMTS NO. 131-13-ST-165-001 PUBLIC WORKS DEPARTMENT Award the ST-165, 7-11 Driveway Modifications and Equestrian/Magic Sidewalk Improvements project to Hill and Hill Construction LLC. in the total amount of $58,953.50, and authorize the City Manager to execute the contract, and authorize the Director and/or his designee to execute associated change orders within the existing project budget. Henderson City Council Regular Meeting Page 9 of 37 July 2, 2013 – Minutes (Motion) Councilman Sam Bateman moved to award the ST-165, 7-11 Driveway Modifications and Equestrian/Magic Sidewalk Improvements project to Hill and Hill Construction LLC. in the total amount of $58,953.50, and authorize the City Manager to execute the contract, and authorize the Director and/or his designee to execute associated change orders within the existing project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: John F. Marz. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 AWARD CONTRACT NO. 2013-78-0004 SITE 17 IMPROVEMENTS PROJECT SLETTEN CONSTRUCTION OF NEVADA, INC. FUNDING SOURCE: WATER FUND CMTS NO. 124-13-U0007-003 DEPARTMENT OF UTILITY SERVICES Award Contract No. 2013-78-0004, Site 17 Improvements Project, to Sletten Construction of Nevada, Inc., in the amount of $2,291,300.00, authorize the City Manager to execute the Contract for the City, and authorize the Director and/or her designee to execute associated change orders within the approved budget. (Motion) Councilman Sam Bateman moved to award Contract No. 2013-78-0004, Site 17 Improvements Project, to Sletten Construction of Nevada, Inc., in the amount of $2,291,300.00, authorize the City Manager to execute the contract for the City, and authorize the Director and/or her designee to execute associated change orders within the approved 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. Henderson City Council Regular Meeting Page 10 of 37 July 2, 2013 – Minutes CA-14 GRANT AWARD LOW-INCOME WEATHERIZATION ASSISTANCE FUNDING SOURCE: FUND FOR ENERGY ASSISTANCE AND CONSERVATION PROGRAM (FEAC) CMTS NO. 132-13-167,400-NHD FEAC NEIGHBORHOOD SERVICES Fund for Energy Assistance and Conservation (FEAC) 2013-14 Grant from the Nevada Housing Division for the Low-Income Weatherization Assistance Program in the amount of $167,400.00, to benefit eligible residents and provide staff costs to manage the program. (Motion) Councilman Sam Bateman moved to accept the Fund for Energy Assistance and Conservation (FEAC) 2013-14 Grant from the Nevada Housing Division for the Low-Income Weatherization Assistance Program in the amount of $167,400.00, to benefit eligible residents and provide staff costs to manage the program. 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-15 GRANT APPLICATION EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2013 LOCAL SOLICITATION POLICE DEPARTMENT Application for the Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation, for the City of Henderson Police Department, in the amount of $45,627.00 for Fiscal Year 2013-2014. (Motion) Councilman Sam Bateman moved to approve the application for the Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation, for the City of Henderson Police Department, in the amount of $45,627.00 for Fiscal Year 2013-2014. 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 37 July 2, 2013 – Minutes CA-16 EQUIPMENT PURCHASE FROM MOTOROLA P-25 COMPLIANT - XTL-2500 MOBILE RADIOS FUNDING SOURCE: POLICE SALES TAX FUND CMTS NO. 602-13-211-13-0613C POLICE DEPARTMENT Ratify the purchase of P-25 compliant, police radios through Motorola from the Police Sales Tax Fund in the amount of $180,924.23. (Motion) Councilman Sam Bateman moved to ratify the purchase of P-25 compliant, police radios through Motorola from the Police Sales Tax Fund in the amount of $180,924.23. 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-17 EQUIPMENT PURCHASE P-25 RADIOS AND ACCESSORIES THROUGH MOTOROLA FUNDING SOURCE: GRANT FUNDS CMTS NOS. 211-13-2101-G0453, 211-13-2101-G0454 POLICE DEPARTMENT Ratify the use of FFY 10 and FFY 09 Urban Area Security Initiative (UASI) grant funds from the State of Nevada, Division of Emergency Management Homeland Security for the purchase of P-25 compliant radios and accessories through Motorola in the total amount of $192,000.00. (Motion) Councilman Sam Bateman moved to ratify the use of FFY 10 and FFY 09 Urban Area Security Initiative (UASI) grant funds from the State of Nevada, Division of Emergency Management Homeland Security for the purchase of P-25 compliant radios and accessories through Motorola in the total amount of $192,000.00. 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. Henderson City Council Regular Meeting Page 12 of 37 July 2, 2013 – Minutes CA-18 COMMUNITY PROJECTS DISBURSEMENT REQUEST NEVADA STATE COLLEGE FOUNDATION FUNDING SOURCE: GENERAL FUND APPLICANT: MAYOR HAFEN Community Projects Disbursement Request from Mayor Hafen to Nevada State College Foundation to provide assistance with student recruitment and scholarships, in the amount of $10,000.00. (Motion) Councilman Sam Bateman moved to approve the Community Projects Disbursement Request from Mayor Hafen to Nevada State College Foundation to provide assistance with student recruitment and scholarships, in the amount of $10,000.00. 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-19 CONTINUED SUPPORT OF RESOLUTION NO. 3995 CHARITABLE ASSISTANCE SUPPORT FISCAL YEAR 2013-2014 CITY MANAGER'S OFFICE Continued support of Resolution No. 3995 authorizing departments to expend up to $2,500.00 per fiscal year in goods, staff resources, and payments or discounts on use fees to organizations as defined in NRS 372.3261. (Motion) Councilman Sam Bateman moved to approve the continued support of Resolution No. 3995 authorizing departments to expend up to $2,500.00 per fiscal year in goods, staff resources, and payments or discounts on use fees to organizations as defined in NRS 372.3261. 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 37 July 2, 2013 – Minutes CA-20 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE THE PLAYERS CLUB APPLICANT: RADMAN HOSPITALITY, LLC Application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Radman Hospitality, LLC, dba The Players Club, 75 South Stephanie Street, Henderson, Nevada 89012. (Motion) Councilman Sam Bateman moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Radman Hospitality, LLC, dba The Players Club, 75 South Stephanie Street, Henderson, Nevada 89012. 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-21 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE EAST OCEAN DIM SUM & SEAFOOD RESTAURANT APPLICANT: CHENG FENG COMPANY USA INCORPORATED Application for Beer, Wine, and Spirit-Based Products On-Sale business license for Cheng Feng Company USA Incorporated, dba East Ocean Dim Sum & Seafood Restaurant, 9570 South Eastern Avenue, Henderson, Nevada 89074. (Motion) Councilman Sam Bateman moved to ratify the application for Beer, Wine, and Spirit-Based Products On-Sale business license for Cheng Feng Company USA Incorporated, dba East Ocean Dim Sum & Seafood Restaurant, 9570 South Eastern Avenue, Henderson, Nevada 89074. 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 37 July 2, 2013 – Minutes CA-22 BUSINESS LICENSE APPLICATION FOR BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF- SALE AND RESTRICTED GAMING GREEN VALLEY GROCERY #53 APPLICANT: MIDJIT MARKET, INC. Application for Beer, Wine, and Spirit-Based Products Off-Sale and Restricted Gaming business licenses for Midjit Market, Inc., dba Green Valley Grocery #53, 500 Conestoga Way, Henderson, NV, 89002. (Motion) Councilman Sam Bateman moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale and Restricted Gaming business licenses for Midjit Market, Inc., dba Green Valley Grocery #53, 500 Conestoga Way, Henderson, NV, 89002, pending approvals by the Henderson Department of Building and Fire Safety, Nevada Gaming Control Board and Southern Nevada Health District. 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-23 REVOCABLE PERMIT LANTIS FIREWORKS & LASERS PUBLIC WORKS DEPARTMENT Revocable Permit to Lantis Fireworks & Lasers to use vacant, City-owned property adjacent to Mission Hills Park to stage the City-sponsored fireworks display on July 4, 2013. (Motion) Councilman Sam Bateman moved to approve the Revocable Permit to Lantis Fireworks & Lasers to use vacant, City-owned property adjacent to Mission Hills Park to stage the City-sponsored fireworks display on July 4, 2013. 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 37 July 2, 2013 – Minutes CA-24 RIGHT-OF-WAY ACQUISITION PURCHASE AND SALE AGREEMENT WITH CENTRAL CHRISTIAN CHURCH FUNDING SOURCE: LAND FUND PUBLIC WORKS DEPARTMENT Approval of a Purchase and Sale Agreement with Central Christian Church to acquire needed property rights for a public roadway, and authorize the use of the Land Fund to complete the purchase, for an amount not to exceed $2,270,000.00. (Action) This item was continued to the July 16, 2013, City Council Meeting at the request of 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. CA-25 RIGHT-OF-WAY ROW-017-13 PUBLIC WORKS DEPARTMENT Grant and acceptance of right-of-way ROW-017-13, for Bowes Avenue in the North Half of Section 10, Township 23 South, Range 61 East, M.D.M., generally located northwest of Executive Airport Drive and Volunteer Boulevard in the West Henderson Planning Area. (Motion) Councilman Sam Bateman moved to grant and accept right-of-way ROW-017-13, for Bowes Avenue in the North Half of Section 10, Township 23 South, Range 61 East, M.D.M., generally located northwest of Executive Airport Drive and Volunteer Boulevard in the West Henderson Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, 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 37 July 2, 2013 – Minutes CA-26 RIGHT-OF-WAY ROW-018-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-018-13, for a public access easement for the Duck Creek Channel in the Northeast Quarter of Section 6, Township 22 South, Range 62 East, M.D.M., generally located southeast of Sunset Road and Annie Oakley Drive in the Green Valley North Planning Area. (Motion) Councilman Sam Bateman moved to accept right-of-way ROW-018-13, for a public access easement for the Duck Creek Channel in the Northeast Quarter of Section 6, Township 22 South, Range 62 East, M.D.M., generally located southeast of Sunset Road and Annie Oakley Drive in the Green Valley North 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-27 REAL PROPERTY RP-003-13 PUBLIC WORKS DEPARTMENT Acceptance of real property RP-003-13, for Lot A of Book 135, Page 100 of Plats (Weston Hills Park) in the Southeast Quarter of Section 31, Township 21 South, Range 63 East, M.D.M., generally located northwest of East Galleria Drive and McCormick Road in the Pittman Planning Area. (Motion) Councilman Sam Bateman moved to accept real property RP-003-13, for Lot A of Book 135, Page 100 of Plats (Weston Hills Park) in the Southeast Quarter of Section 31, Township 21 South, Range 63 East, M.D.M., generally located northwest of East Galleria Drive and McCormick Road in the Pittman 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 37 July 2, 2013 – Minutes CA-28 VACATION VAC-13-500195 NORTHEAST CORNER OF GIBSON AND HORIZON RIDGE APPLICANT: RYLAND HOMES Petition to vacate municipal utility easements (M.U.E.s) and public access easements for Horizon 88, Unit 2, 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) Councilman Sam Bateman moved to approve VAC-13-500195 - Northeast Corner of Gibson and Horizon Ridge, petition to vacate municipal utility easements (M.U.E.s) and public access easements for Horizon 88, Unit 2, 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, with the following conditions: PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Vacation map shall record concurrently with Final Map. 4. Right-of-way must be dedicated concurrent with vacating M.U.E. 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-29 VACATION VAC-13-500175 HORIZON 10 APPLICANT: PARDEE HOMES OF NEVADA Petition to vacate portions of the non-exclusive use / utility easements (NUE) within Twilight Peak Court (private street) and Common Element “E” in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located south of Horizon Ridge Parkway and east of Gibson Road, in the McCullough Hills Planning Area. (Motion) Henderson City Council Regular Meeting Page 18 of 37 July 2, 2013 – Minutes Councilman Sam Bateman moved to approve VAC-13-500175 - Horizon 10, to vacate portions of the non-exclusive use / utility easements (NUE) within Twilight Peak Court (private street) and Common Element “E” in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located south of Horizon Ridge Parkway and east of Gibson Road, in the McCullough Hills Planning Area, with the following conditions: PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Vacation map shall record concurrently with Final Map (amended). 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 ZONE CHANGE AMENDMENT ZCA-06-660034-E3 RAVELLO LANDING APPLICANT: ISHWINDER S. BRARA An extension of time for a zone change from R-U (Rural Open Land - Clark County) to CM-H-PUD (Mixed-Use Commercial with Hillside and Planned Unit Development Overlays) for a mixed-use development on 31 acres, generally located along East Galleria Drive, west of Lake Las Vegas Parkway and north of the Calico Ridge subdivision, in the Calico Ridge Planning Area. (Motion) Councilman Sam Bateman moved to approve ZCA-06-660034-E3, an extension of time for a zone change from R-U (Rural Open Land - Clark County) to CM-H-PUD (Mixed-Use Commercial with Hillside and Planned Unit Development Overlays) for a mixed-use development on 31 acres, generally located along East Galleria Drive, west of Lake Las Vegas Parkway and north of the Calico Ridge subdivision, in the Calico Ridge Planning Area, subject to the following conditions: Henderson City Council Regular Meeting Page 19 of 37 July 2, 2013 – Minutes FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. 3. 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. 4. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 5. Applicant shall revert and/or merge acreage of existing parcels per Public Works' approval and provide proof of completed mapping prior to issuance of a certificate of occupancy. 6. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. 7. Applicant must apply for and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works' requirements and provide proof of vacation prior to issuance of a certificate of occupancy. Henderson City Council Regular Meeting Page 20 of 37 July 2, 2013 – Minutes 8. Applicant shall comply with all conditions of the Hillside Development Code. 9. If applicant receives City Council approval, the offsite improvements on Galleria Drive must be completed within nine months of entitlement approval. 10. Applicant shall construct a 2-lane, 32-foot-wide access road pursuant to Public Works specifications; the limits of which shall be determined by the traffic impact analysis. DEPARTMENT OF UTILITY SERVICES CONDITIONS 11. Applicant shall comply with the requirements of the master utility plan established for the project area. 12. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 13. Applicant shall establish separate water and sewer service for each use classification in accordance with the Department of Utility Services' requirements. 14. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 15. Applicant shall have an accepted water and sewer master plan prior to submittal of civil improvement plans. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 16. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 17. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 18. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational prior to starting construction or moving combustibles on site. 19. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 20. Applicant shall provide secondary access as approved by Public Works and the Fire Department. Henderson City Council Regular Meeting Page 21 of 37 July 2, 2013 – Minutes 21. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 22. Applicant shall install an approved sprinkler system in all buildings/homes as per the Hillside Ordinance. 23. Applicant shall obtain an approved fire and life safety report prior to submitting for building permits. 24. Architectural features and landscaping shall not encroach into or obstruct fire apparatus access roads. Landscaping between the apparatus access roads and structures shall be selected and maintained so as to not impede Fire Department aerial ladders or aerial operations. 25. Fire Department approval is based on the design drawings, site plans, and other documents as submitted as part of this application. Any subsequent revisions shall be approved by the Fire Department. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 26. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 27. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 28. 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. 29. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 30. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 31. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. Henderson City Council Regular Meeting Page 22 of 37 July 2, 2013 – Minutes 32. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 33. This resolution of intent shall expire April 17, 2015, unless all conditions have been met or an extension of time has been approved. (E-3) 34. Prior to issuance of a building permit for buildings, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Property Owner's Association, Homeowner's Association, and/or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). 35. All parking spaces required by Section 19.10.1 of the Development Code must be free, unfettered, and permanently available to all users. They must also be permanently marked and maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. 36. A design review approved by Planning Commission prior to issuance of a building permit for each individual building. (E-3) 37. A phasing plan must be approved as part of the first design review application. 38. A grading permit may not be issued until the first design review and phasing plan are approved. 39. All development shall be in substantial compliance with all exhibits, documents, design guidelines, colors enhancements, architecture, and fenestrations submitted as part of this application. 40. Approval letter from the Ravello Architectural Design Review Committee will be required to be submitted as part of any design review application. 41. The first phase of the development shall include a mix of residential and commercial. 42. Ensure that residents have free access to fitness, pool, and spa amenities in regards to the Hotel and Spa and the Town Center. 43. Applicant, prior to or concurrently with any application for a grading permit, to obtain City Council approval of a development agreement, which will determine applicant's proportionate share of infrastructure in the subject area. 44. This will be the last extension of time that will be supported unless the applicant can demonstrate substantial progress to diligently pursue construction of the project. (E-3) Henderson City Council Regular Meeting Page 23 of 37 July 2, 2013 – Minutes PARKS AND RECREATION DEPARTMENT CONDITIONS 45. Applicant shall provide a trail corridor with a 10-foot asphalt trail and 5-foot equestrian trail along East Galleria Drive. The trail corridor width, landscape, lighting and irrigation per City of Henderson Parks Standards. All landscape is to be constructed in the first phase of development construction. 46. Applicant shall donate developed open space parkland or the equivalent contribution at 5.25 acres per 1,000 population. (Du x 2.77 / 1000 x 5.25 = acres of land required.) 47. City-maintained parks must be 10 acres minimum with the exception of parks that adjoin schools, which may be 5-acre parks where the school is 10 acres or larger. Parks smaller than the minimum must be privately maintained or approved by the Parks and Recreation Department. 48. Applicant to complete park agreement prior to Civil Improvement Plan approvals. 49. The final location and method of the pedestrian trail access linking the south side of Galleria Drive to the north side of Galleria Drive shall be determined as part of the Parks Agreement. WAIVERS a. Allow building heights to exceed the 35-foot height limit. b. Allow the maximum height of a vertical cut and fill to exceed 35 feet (max 66') and the maximum length of a vertical cut and fill to exceed 150 feet. c. Not require a perimeter landscape buffer. d. Allow a minimum building setback from the east property line of 65 feet for Building G and 41 feet for Building H. e. Allow modified private internal street sections per exhibits. f. Allow rockery retaining walls to have a height of 14 feet (12 feet exposed) and a 12-foot offset between walls. g. Allow 170 feet from intersection to intersection between align 'C' and align 'D'. h. Allow a 10-foot pedestrian and a 5-foot equestrian trail in lieu of a 5-foot sidewalk within the Galleria right-of-way. i. Not require a 6-foot-tall wall adjacent to the east property line. 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 24 of 37 July 2, 2013 – Minutes CA-31 ZONE CHANGE AMENDMENT ZCA-08-660008-A2 CONDITIONAL USE PERMIT AMENDMENT CUP-08-540074-A2 CARNEGIE SENIOR LIVING APPLICANT: EDG LLC C/O CARNEGIE SENIOR LIVING A) Amend a zone change with PUD (Planned Unit Development) Overlay to revise the architecture and site plan; and B) Amend a conditional use permit for an Assisted Living and Skilled Nursing Facility to increase the number of beds from 85 to 221 and raise the height from 2 stories to 4 stories; generally located at the southwest corner of Carnegie Street and Kenneth Avenue, in the Green Valley Ranch Planning Area. (Action) This item was continued to the August 6, 2013, City Council Meeting at the request of the applicant. CA-32 ZONE CHANGE AMENDMENT ZCA-08-660010-A1 SUNSET/GIBSON APPLICANT: OFF-RAMP LTD Amend a zone change rezoning from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD (Community Commercial with Redevelopment Overlay) on 7.1 acres and remove the site and architectural designs and waivers, generally located at the northwest corner of Gibson Road and Cape Horn Drive, in the Eastside Redevelopment and Midway Planning Areas. (Motion) Councilman Sam Bateman moved to approve ZCA-08-660010-A1 and amend a zone change rezoning from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD (Community Commercial with Redevelopment Overlay) on 7.1 acres and remove the site and architectural designs and waivers, generally located at the northwest corner of Gibson Road and Cape Horn Drive, in the Eastside Redevelopment and Midway Planning Areas, subject to the following conditions: Henderson City Council Regular Meeting Page 25 of 37 July 2, 2013 – Minutes FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as re-zonings, variances or administrative adjustments. 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. 3. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. Henderson City Council Regular Meeting Page 26 of 37 July 2, 2013 – Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 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. 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. BILLS TO BE READ IN TITLE B-33 BILL NO. 2753 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.64 PAWNBROKERS CITY ATTORNEY'S OFFICE, BUSINESS LICENSE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.64 - PAWNBROKERS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Action) Bill No. 2753 was withdrawn at the request of staff, to be re-read in title at the August 6, 2013, City Council Meeting. B-34 ACCOMPANYING BILL NO. 2754 FOR CA-32 ZCA-08-660010-A1 SUNSET/GIBSON APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND OFF- RAMP LTD Assistant City Manager Bristol Ellington introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 03, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE NORTHWEST CORNER OF GIBSON ROAD AND CAPE HORN DRIVE, FROM IG-RD (GENERAL INDUSTRIAL WITH Henderson City Council Regular Meeting Page 27 of 37 July 2, 2013 – Minutes REDEVELOPMENT OVERLAY) TO CC-RD (COMMUNITY COMMERCIAL WITH REDEVELOPMENT OVERLAY) AND REMOVE THE SITE AND ARCHITECTURAL DESIGNS AND WAIVERS, AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2754 to the Committee Meeting of July 16, 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. IX. PUBLIC COMMENT There were no comments presented by the public. X. UNFINISHED BUSINESS UB-35 BILL NO. 2706 ZCA-06-660056-A1 HORIZON AND VALLE VERDE COMMERCIAL SUBDIVISION COMMUNITY DEVELOPMENT AND SERVICES AND BANK OF NEVADA Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3029 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, 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. Henderson City Council Regular Meeting Page 28 of 37 July 2, 2013 – Minutes (Motion) Councilman Sam Bateman moved to adopt Bill No. 2706 as Ordinance No. 3029. 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. UB-36 BILL NO. 2742 AMEND HENDERSON MUNICIPAL CODE TITLE 11 STREETS AND SIDEWALKS CITY ATTORNEY'S OFFICE / PUBLIC WORKS DEPARTMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 11 – STREETS AND SIDEWALKS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Action) This item was moot due to Item C-2 being withdrawn from the Committee Meeting agenda. UB-37 BILL NO. 2743 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.98 WEAPONS AND MISSILES CITY ATTORNEY'S OFFICE / POLICE DEPARTMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.98 - WEAPONS AND MISSILES - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Action) This item was moot due to Item C-3 being withdrawn from the Committee Meeting agenda. Henderson City Council Regular Meeting Page 29 of 37 July 2, 2013 – Minutes UB-38 BILL NO. 2744 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.16 HENDERSON PARKS AND RECREATION BOARD CITY ATTORNEY'S OFFICE / PARKS AND RECREATION Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3030 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.16 – HENDERSON PARKS AND RECREATION BOARD - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2744 as Ordinance No. 3030. 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. UB-39 BILL NO. 2745 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.18 COMMEMORATIVE BEAUTIFICATION COMMISSION CITY ATTORNEY'S OFFICE / PARKS AND RECREATION Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3031 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.18 - COMMEMORATIVE BEAUTIFICATION COMMISSION - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Debra March moved to adopt Bill No. 2745 as Ordinance No. 3031. 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 30 of 37 July 2, 2013 – Minutes UB-40 BILL NO. 2746 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.20 HENDERSON BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY CITY ATTORNEY'S OFFICE / PARKS AND RECREATION Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3032 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.20 - HENDERSON BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2746 as Ordinance No. 3032. 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. UB-41 BILL NO. 2747 AMEND HENDERSON MUNICIPAL CODE CHAPTERS 8.32 DISORDERLY CONDUCT, 8.36 FIRES, AND CHAPTER 8.37 CAMPING-OUTDOOR FIRES CITY ATTORNEY'S OFFICE / FIRE DEPARTMENT Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3033 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTERS 8.32, 8.36, AND 8.37 IN ACCORDANCE WITH NEVADA REVISED STATUTES AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2747 as Ordinance No. 3033. 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 31 of 37 July 2, 2013 – Minutes UB-42 BILL NO. 2748 ZCA-06-660020-A7 THE FALLS AT LAKE LAS VEGAS COMMUNITY DEVELOPMENT AND SERVICES / LLV VS, LLC Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3034 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 SECTIONS 26, 27, 34 AND 35, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED ON THE NORTH SIDE OF LAKE MEAD PARKWAY AT LAKE LAS VEGAS PARKWAY ON 1343 ACRES FROM CLARK COUNTY ZONING, DH (DEVELOPMENT HOLDING), DH-H (DEVELOPMENT HOLDING WITH HILLSIDE OVERLAY), CM-MP (COMMERCIAL MIXED USE), RS-6-MP (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY), PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY), PS-MP-H (PUBLIC/SEMIPUBLIC WITH MASTER PLAN AND HILLSIDE OVERLAYS), RM-10-MP-PUD-H (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN, PLANNED UNIT DEVELOPMENT, AND HILLSIDE OVERLAYS), AND RM-10-MP-PUD (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN AND PLANNED UNIT DEVELOPMENT OVERLAYS) TO MC-MP (CORRIDOR/COMMUNITY MIXED USE), MC-MP-H (CORRIDOR/COMMUNITY MIXED USE WITH HILLSIDE OVERLAY), CN-MP (NEIGHBORHOOD COMMERCIAL), CN-MP-H (NEIGHBORHOOD COMMERCIAL WITH HILLSIDE OVERLAYS), PS-MP (PUBLIC/SEMIPUBLIC), PS-MP-H (PUBLIC/SEMIPUBLIC WITH HILLSIDE OVERLAY), RS-6-MP (LOW-DENSITY RESIDENTIAL), RS-6-MP-H AND RM-8-MP-H (LOW-DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY), RS-6-MP-PUD-H (LOW-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT AND HILLSIDE OVERLAY), RM-10-MP AND RM-16-MP (MEDIUM-DENSITY RESIDENTIAL), RM-10-MP-H, RM-16-MP-H (MEDIUM-DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY), RM-10-MP-PUD (MEDIUM- DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT), RM-10-MP-PUD-H AND RM-16-MP-PUD-H (MEDIUM-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT AND HILLSIDE OVERLAYS) ALL WITH MASTER PLAN OVERLAY, AND AMEND THE DEVELOPMENT STANDARDS FOR THE FALLS AT LAKE LAS VEGAS, AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 32 of 37 July 2, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2748 as Ordinance No. 3034. 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. UB-43 BILL NO. 2749 ZCO-01-670025-A15 CANYONS AT MACDONALD RANCH COMMUNITY DEVELOPMENT AND SERVICES / AGRW CANYONS, LLC Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3035 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 SECTIONS 29, 31, AND 32, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT CARNEGIE STREET AND GREEN VALLEY PARKWAY, IN THE MACDONALD RANCH PLANNING AREA FROM MC-MP-H (COMMUNITY MIXED-USE COMMERCIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) TO RH-24-MP-H (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) ON 12.3 ACRES, CC-MP- H (COMMUNITY COMMERCIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) ON 11.2 ACRES, RS-6-MP-H (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) ON 34.8 ACRES, AND AMEND 179.7 ACRES OF THE OVERALL MASTER PLAN, AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2749 as Ordinance No. 3035. 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 33 of 37 July 2, 2013 – Minutes UB-44 BILL NO. 2750 ZCA-09-660003-A2 LUXMI PLAZA COMMUNITY DEVELOPMENT AND SERVICES / AOSW, LLC Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3036 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 33, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHWEST CORNER OF STEPHANIE PLACE AND RUSSELL ROAD, IN THE WHITNEY RANCH PLANNING AREA FROM MC-PUD (CORRIDOR MIXED USE WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO CC-PUD (COMMUNITY COMMERCIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) AND RECONFIGURE THE SITE LAYOUT AND DESIGN, AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Debra March moved to adopt Bill No. 2750 as Ordinance No. 3036. 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. UB-45 BILL NO. 2751 ZCA-06-660071-A1 THE RESIDENCES AT LAKE LAS VEGAS COMMUNITY DEVELOPMENT AND SERVICES / IOTA EMERALD, LLC Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3037 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 27, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, Henderson City Council Regular Meeting Page 34 of 37 July 2, 2013 – Minutes GENERALLY LOCATED SOUTHWEST OF LAKE LAS VEGAS PARKWAY AND EAST GALLERIA DRIVE, IN THE LAKE LAS VEGAS PLANNING AREA, ON 14.4 ACRES, FROM DH (DEVELOPMENT HOLDING) TO RM-16-MP (MEDIUM-DENSITY WITH MASTER PLAN OVERLAY), AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2751 as Ordinance No. 3037. 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. UB-46 BILL NO. 2752 AMEND HENDERSON MUNICIPAL CODE CHAPTER 14.08 CROSS-CONNECTION CONTROL REGULATIONS CITY ATTORNEY'S OFFICE / DEPARTMENT OF UTILITY SERVICES Assistant City Manager Bristol Ellington introduced and read Ordinance No. 3038 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. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2752 as Ordinance No. 3038. 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 37 July 2, 2013 – Minutes XI. NEW BUSINESS NB-47 APPOINTMENT (COUNCILWOMAN MARCH) CLARK COUNTY REGIONAL FLOOD CONTROL CITIZENS ADVISORY COMMITTEE CITY CLERK'S OFFICE One appointment to the Clark County Regional Flood Control Citizens Advisory Committee, with term to expire June 30, 2015. (Motion) Councilwoman Debra March moved to appoint Calvin Black to the Clark County Regional Flood Control Citizens Advisory Committee, with term to expire June 30, 2015. 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-48 APPOINTMENTS (COUNCILMAN MARZ) COMMISSION ON CULTURAL ARTS AND TOURISM AND PARKS AND RECREATION BOARD CITY CLERK'S OFFICE One appointment to the Commission on Cultural Arts and Tourism, and one appointment to the Parks and Recreation Board with terms to expire June 30, 2017. (Motion) On behalf of Councilman Marz, Mayor Andy Hafen moved to appoint Scott Voeller to the Commission on Cultural Arts and Tourism, with term to expire June 30, 2017; and continued an appointment to the Parks and Recreation Board to the July 16, 2013, City Council meeting. 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 37 July 2, 2013 – Minutes NB-49 ACCOMPANYING RESOLUTION FOR CA-30 ZCA-06-660034-E3 RAVELLO LANDING APPLICANT: COMMUNNITY DEVELOPMENT AND ISHWINDER S. BRARA Assistant City Manager Bristol Ellington introduced and read Resolution No. 4086. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, FOR AN EXTENSION OF TIME TO REZONE CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 28, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ALONG EAST GALLERIA DRIVE, WEST OF LAKE LAS VEGAS PARKWAY AND NORTH OF THE CALICO RIDGE SUBDIVISION ON 31 ACRES FROM R-U (RURAL OPEN LAND - CLARK COUNTY) TO CM-H-PUD (MIXED-USE COMMERCIAL WITH HILLSIDE AND PLANNED UNIT DEVELOPMENT OVERLAYS) AND REPEAL RESOLUTION NO. 3987. (Motion) Mayor Andy Hafen moved to adopt Resolution No. 4086 for ZCA-06-660034-E3. 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-50 ACCOMPANYING RESOLUTION FOR CA-31 ZCA-08-660008-A2 CARNEGIE SENIOR LIVING APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND CARNEGIE SENIOR LIVING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXPRESSING THE INTENT TO REZONE CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF CARNEGIE STREET AND KENNETH AVENUE, IN THE GREEN VALLEY RANCH PLANNING AREA ON 4.6 ACRES IN THE GREEN VALLEY RANCH PLANNING AREA, TO AMEND A ZONE CHANGE WITH PUD (PLANNED UNIT DEVELOPMENT) OVERLAY TO REVISE THE ARCHITECTURE AND SITE PLAN AND REPEAL RESOLUTION NO. 4071. Henderson City Council Regular Meeting Page 37 of 37 July 2, 2013 – Minutes (Action) Continued to August 6, 2013, at the request of the request of the applicant. XII. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March wished everyone a safe 4th of July holiday. She encouraged people to use safe and sane fireworks and be mindful of fire concerns. XIII. SET MEETING The Committee Meeting for July 16, 2013, was set for 6:45 p.m. XIV. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 7:40 p.m. PASSED AND ADOPTED THIS 16th DAY OF JULY, 2013. ______________________ Andy Hafen Mayor ATTEST: ________________________ Stacey Brownfield, MMC Assistant City Clerk