City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING July 16, 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 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 Sabrina Mercadante, City Clerk Absent: None Staff: Robert Murnane, Public Works Director Tracy Foutz, Acting Director of Community Development and Svs. Jill Lynch, Budget Manager Jonathon Nunes, Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk Mayor Hafen stated that these meetings are being video recorded and streamed live to the Web. Mayor Hafen recognized Girl Scout Troop No. 232 and Boy Scout Troop No. 947. Henderson City Council Regular Meeting Page 2 of 31 July 16, 2013 – Minutes III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Ron Leavitt, Church of Jesus Christ of Latter-Day Saints and was followed by the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended: CA-4 – Continued to August 20, 2013, at the request of staff. UB-28 – The agenda item cover page has been replaced and corrected to reflect the item as an appeal for TMA-12-500308 and not a vacation for VAC-13-500042. The agenda description and backup materials did not need to be corrected. UB-29 – UB-29 was heard before UB-28. UB-30 – Please note a change to the agenda item background / discussion correcting the stated “July 18, 2013, Council granted approval to negotiate with Central Christian Church” date to June 18, 2013. NB-34 – Continued to August 20, 2013, at the request of staff. NB-38 – NB-38 was heard following the Consent Agenda. 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. CITY MANAGER'S REPORT City Manager Snow reported that over 25,000 people enjoyed our Fourth of July Celebration at Mission Hills Park. The event featured family games and musical entertainment by the Henderson Symphony Orchestra, The Randy Anderson Band, as well as the Battle of the Bands competition, which returned for a second year. The night’s grand finale was a spectacular 18-minute fireworks display. He thanked Cultural Arts & Tourism, Public Works, Communication and Council Support, and the Fire and Police Departments for another successful event. Henderson City Council Regular Meeting Page 3 of 31 July 16, 2013 – Minutes City Manager Snow announced that the City has received the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting and was recognized for the Comprehensive Annual Financial Report. This award is the highest form of recognition in governmental accounting and financial reporting. The City of Henderson has received this honor for 31 consecutive years. He congratulated the Finance Department for this outstanding achievement. City Manager Snow reported that for the second year in a row, the Henderson Parks and Recreation Department has been named a finalist for the prestigious national Gold Medal Award, which honors communities across the country that demonstrate excellence in parks and recreation management. He congratulated Parks and Recreation Director Mary Ellen Donner and the Parks and Recreation team. City Manager Snow reported that Bud Cranor, Director of Communications and Council Support, was recently appointed by Governor Brian Sandoval as a public board member to the Nevada State Board of Professional Engineers and Land Surveyors. Bud will serve a three-year term on the board, whose mission is to safeguard life, health, and property and to promote public welfare by providing for the licensure of qualified and competent professional engineers and professional land surveyors. This is the Mr. Cranor’s third appointment to the board. VI. CONSENT AGENDA CA-1 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS JULY 2, 2013 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting Minutes of July 2, 2013. (Motion) Councilman Sam Bateman moved to adopt the City Council Committee and Regular Meeting Minutes of July 2, 2013. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 4 of 31 July 16, 2013 – Minutes CA-2 CASH REQUIREMENTS REGISTER MAY 30, 2013, THROUGH JUNE 25, 2013 FINANCE DEPARTMENT Cash requirements for the period of May 30, 2013, through June 25, 2013, in the amount of $19,185,514.92. (Motion) Councilman Sam Bateman moved to approve the Cash Requirements Register for the period of May 30, 2013, through June 25, 2013, in the amount of $19,185,514.92. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-3 AGREEMENT EXCESS WORKERS' COMPENSATION INSURANCE SAFETY NATIONAL CASUALTY CORPORATION FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE CMTS NO. 137-062413 DEPARTMENT OF HUMAN RESOURCES Approve the purchase of excess workers’ compensation insurance from Safety National Casualty Corporation for the period of July 1, 2013, to June 30, 2014, for a premium of $249,435.00. (Motion) Councilman Sam Bateman moved to approve the purchase of excess workers’ compensation insurance from Safety National Casualty Corporation for the period of July 1, 2013, to June 30, 2014, for a premium of $249,435.00. 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 5 of 31 July 16, 2013 – Minutes CA-4 AGREEMENT LAS VEGAS VALLEY WATER DISTRICT ELDORADO VALLEY WATER SERVICE CMTS NOS. 124-ILA-07022013 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and the Las Vegas Valley Water District (LVVWD) to provide potable water service to an area outside the City but within the service area of the LVVWD to existing customers generally located in the Eldorado Valley. (Action) Continued to August 20, 2013, at the request of staff. CA-5 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NEVADA DEPARTMENT OF TRANSPORTATION WATER STREET ENHANCEMENT PROJECT FUNDING SOURCE: NEVADA DEPARTMENT OF TRANSPORTATION CMTS NO. 131-12-GG-R24-001 APPLICANT: PUBLIC WORKS DEPARTMENT, ENGINEERING SVCS DIVN Ratify Amendment No. 1 to the Cooperative Agreement between the City of Henderson and the Nevada Department of Transportation (NDOT) for the design and construction of landscaping and roadway improvements on Water Street from Lake Mead Parkway to Boulder Highway, and approve the project budget augmentation in the amount of $1,899,750.00. (Motion) Councilman Sam Bateman moved to ratify Amendment No. 1 to the Cooperative Agreement between the City of Henderson and the Nevada Department of Transportation (NDOT) for the design and construction of landscaping and roadway improvements on Water Street from Lake Mead Parkway to Boulder Highway, and approve the project budget augmentation in the amount of $1,899,750.00. 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 6 of 31 July 16, 2013 – Minutes CA-6 FIFTH AMENDMENT UNION VILLAGE LAND PURCHASE AND SALE AGREEMENT CITY ATTORNEY'S OFFICE, CITY MANAGER'S OFFICE Fifth Amendment to Union Village Land Purchase and Sale Agreement, approved by Henderson City Council on June 14, 2011, extending the escrow closing date to a date no later than September 17, 2013, and other revisions as outlined in the amendment. (Motion) Councilman Sam Bateman moved to approve the Fifth Amendment to Union Village Land Purchase and Sale Agreement, approved by Henderson City Council on June 14, 2011, extending the escrow closing date to a date no later than September 17, 2013, and other revisions as outlined in the amendment. 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 CHANGE ORDER NO. 14 CORNERSTONE PARK FUNDING SOURCE: CREDIT TO SNPLMA FUNDED CONTRACT CMTS NO. 131-11-PR-046-001 PUBLIC WORKS DEPARTMENT Change Order No.14 for Cornerstone Park, between the City of Henderson and APCO Construction, for resolution of earthwork dispute, for a credit to the City in the amount of $115,000.00 and authorize the Director and/or his designee to execute associated change orders within the existing project budget. (Motion) Councilman Sam Bateman moved to approve Change Order No.14 for Cornerstone Park, between the City of Henderson and APCO Construction, for resolution of earthwork dispute, for a credit to the City in the amount of $115,000.00 and authorize the Director and/or his designee to execute associated change orders within the existing project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 7 of 31 July 16, 2013 – Minutes CA-8 CHANGE ORDER NO. 15 CORNERSTONE PARK FUNDING SOURCE: SNPLMA GRANT FUNDED CMTS NO. 131-11-PR-046-001 PUBLIC WORKS DEPARTMENT Change Order No. 15 for Cornerstone Park, between the City of Henderson and APCO Construction, for repair of damaged inlet structure, additional pedestrian crossing at Wigwam with warning beacons, additional parking lot structure to add 115 parking spaces with amenities, additional pedestrian walkway from drive entry at Wigwam, stationing pad for City Show Mobile, interpretive signage, and miscellaneous minor amenities in association with the above, in the amount of $480,689.71. (Motion) Councilman Sam Bateman moved to approve Change Order No. 15 for Cornerstone Park, between the City of Henderson and APCO Construction, for repair of damaged inlet structure, additional pedestrian crossing at Wigwam Parkway with warning beacons, additional parking lot structure to add 115 parking spaces with amenities, additional pedestrian walkway from drive entry at Wigwam Parkway, stationing pad for City Show Mobile, interpretive signage, and miscellaneous minor amenities in association with the above, in the amount of $480,689.71 and authorize the Director and/or his designee to execute associated change orders within the existing project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 AWARD CONTRACT NO. 131-13-ST-146-002 2013 PAVEMENT MAINTENANCE PROJECT PHASE1 FUNDING SOURCE: GAS TAX FUNDS PUBLIC WORKS DEPARTMENT Award Contract No. 131-13-ST-146-002, 2013 Pavement Maintenance Project Phase 1, to American Pavement Preservation, in the amount of $3,249,459.31, and approve the project budget augmentation. Henderson City Council Regular Meeting Page 8 of 31 July 16, 2013 – Minutes (Motion) Councilman Sam Bateman moved to award Contract No. 131-13-ST-146-002, 2013 Pavement Maintenance Program Phase I, to American Pavement Preservation in the amount of $3,249,459.31 and approve the project budget augmentation. 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 AWARD CONTRACT NO. 131-13-ST-146-003 2013 PAVEMENT MAINTENANCE PROJECT PHASE 2 FUNDING SOURCE: GAS TAX AND SPECIAL RECREATION PUBLIC WORKS DEPARTMENT Award Contract No. 131-13-ST-146-003, 2013 Pavement Maintenance Project Phase 2, to American Pavement Preservation, in the amount of $577,271.72, and approve the augmented project budget. (Motion) Councilman Sam Bateman moved to award Contract No. 131-13-ST-146-003, 2013 Pavement Maintenance Program Phase II, to American Pavement Preservation in the amount of $577,271.72, and approve the augmented 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-11 AWARD CONTRACT NO. 131-13-TC-026-001 EASTGATE TRAFFIC SIGNALS - WARM SPRINGS AND SUNSET FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC), DIRECT-PAY; AND CITY OF HENDERSON, PUBLIC WORKS-STREETS FUNDS PUBLIC WORKS DEPARTMENT Award Contract No. 131-13-TC-026-001, Eastgate Traffic Signals-Warm Springs and Sunset, to Fast Trac Electric, in the amount of $645,334.45, and approve the project budget. Henderson City Council Regular Meeting Page 9 of 31 July 16, 2013 – Minutes (Motion) Councilman Sam Bateman moved to award Contract No. 131-13-TC-026-001, Eastgate Traffic Signals-Warm Springs and Sunset, to Fast Trac Electric, in the amount of $645,334.45, and approve the project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 AMEND STAFF COMPLEMENT JOB DESCRIPTION AND WAGE ASSIGNMENT LEAD HAZARD AND HEALTHY HOMES SPECIALIST FUNDING SOURCE: HUD LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM DEPARTMENT OF HUMAN RESOURCES Amend the staff complement by adding one (1) Lead Hazard and Healthy Homes Specialist to Fund 2101-6205-50100-D8000; and approve the job description and wage assignment for Lead Hazard and Healthy Homes Specialist, Technical 400, $24.170 to $38.075/hour. (Motion) Councilman Sam Bateman moved to amend the staff complement by adding one (1) Lead Hazard and Healthy Homes Specialist to Fund 2101-6205-50100-D8000; and approve the job description and wage assignment for Lead Hazard Healthy Homes Specialist, Technical 400, $24.170 to $38.075/hour. 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 ESTABLISH BUDGET LED-ENHANCED STOP SIGNS FUNDING SOURCE: 3052 DEVELOPER CONTRIBUTION FUND CMTS NO. 131-13-TC-186-001 PUBLIC WORKS DEPARTMENT Establish budget of $137,363.00 for the purchase of LED flashing stop signs to be installed at various unsignalized intersections around the City of Henderson. Henderson City Council Regular Meeting Page 10 of 31 July 16, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve established budget for the purchase of LED-enhanced stop signs to be installed at various unsignalized intersections around the City of Henderson, in the amount of $137,363.00. 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-14 BUDGET AUGMENTATION AND REMITTANCE NEVADA POWER COMPANY DBA NV ENERGY SOUTHWEST WATER RECLAMATION FACILITY CMTS NO. 124-08-1206-1530 DEPARTMENT OF UTILITY SERVICES Budget Augmentation and Remittance in the amount of $368,247.00 to Nevada Power Company dba NV Energy for final costs associated with the Large Project Service Agreement No. LPS0000179163B for construction of power facilities servicing the Southwest Water Reclamation Facility. (Motion) Councilman Sam Bateman moved to approve a Budget Augmentation and Remittance in the amount of $368,247.00 to Nevada Power Company dba NV Energy for final costs associated with the Large Project Service Agreement No. LPS0000179163B for construction of power facilities servicing the Southwest Water Reclamation Facility. 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 APPORTIONMENT AND FINAL ASSESSMENT ROLL LOCAL IMPROVEMENT DISTRICT (LID) CO-21 AMENDMENT NO. 10 PUBLIC WORKS DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 10, LID CO-21, Horizon Ridge Parkway, dated June 12, 2013. Henderson City Council Regular Meeting Page 11 of 31 July 16, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve the Apportionment Report and Final Assessment Roll, Amendment No. 10, LID CO-21, Horizon Ridge Parkway, dated June 12, 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. CA-16 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICT (LID) T-13, T-14, T-15, T-16, T-17 AND T-18 FINANCE DEPARTMENT Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-13, T-14, T-15, T-16, T-17 and T-18, set the date of the sale for October 22, 2013, and accelerate the assessment amounts due on parcels whose total taxable assessed value is greater than the pay-off of the entire assessment and not accelerate for parcels whose taxable assessed value is less than the pay-off of the assessment, so that only the delinquent balance becomes due and payable. (Motion) Councilman Sam Bateman moved to approve the Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-13, T-14, T- 15, T-16, T-17 and T-18, set the date of the sale for October 22, 2013, and accelerate the assessment amounts due on parcels whose total assessed taxable value is greater than the pay-off amount and not accelerate for parcels whose taxable assessed value is less than the pay-off of the assessment, so that only the delinquent balance becomes due and payable. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 31 July 16, 2013 – Minutes CA-17 BUSINESS LICENSE RESTRICTED GAMING ELIXIR APPLICANT: JETT GAMING LLC Application for Restricted Gaming business license for Jett Gaming LLC, dbat Elixir, 2920 North Green Valley Parkway, Suite 611, Henderson, Nevada 89014. (Motion) Councilman Sam Bateman moved to approve the application for Restricted Gaming business license for Jett Gaming LLC, dbat Elixir, 2920 North Green Valley Parkway, Suite 611, Henderson, Nevada 89014, pending State Gaming approval. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VII. BILLS TO BE READ IN TITLE B-18 BILL NO. 2755 AMENDING HMC CHAPTER 15.08 INTERNATIONAL BUILDING CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.08 TO THE HENDERSON MUNICIPAL CODE ENTITLED “INTERNATIONAL BUILDING CODE” BY ADOPTING THE 2012 VERSION OF SUCH CODE, AND THE “SOUTHERN NEVADA AMENDMENTS TO THE 2012 INTERNATIONAL BUILDING CODE” THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2755 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 13 of 31 July 16, 2013 – Minutes B-19 BILL NO. 2756 AMENDING HMC CHAPTER 15.09 INTERNATIONAL RESIDENTIAL CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.09 TO THE HENDERSON MUNICIPAL CODE ENTITLED “INTERNATIONAL RESIDENTIAL CODE” BY ADOPTING THE 2012 VERSION OF SUCH CODE, AND THE “SOUTHERN NEVADA AMENDMENTS TO THE 2012 INTERNATIONAL RESIDENTIAL CODE” THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2756 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-20 BILL NO. 2757 AMENDING HMC CHAPTER 15.16 ELECTRICAL CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.16 TO THE HENDERSON MUNICIPAL CODE ENTITLED “ELECTRICAL CODE” BY ADOPTING THE 2011 VERSION OF THE NATIONAL ELECTRICAL CODE, AND THE SOUTHERN NEVADA AMENDMENTS TO THE 2011 NATIONAL ELECTRICAL CODE” THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2757 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 14 of 31 July 16, 2013 – Minutes B-21 BILL NO. 2758 AMENDING HMC CHAPTER 15.20 UNIFORM PLUMBING CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.20 TO THE HENDERSON MUNICIPAL CODE ENTITLED “UNIFORM PLUMBING CODE” BY ADOPTING THE 2012 VERSION OF SUCH CODE, AND THE “SOUTHERN NEVADA AMENDMENTS TO THE 2012 UNIFORM PLUMBING CODE” THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2758 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-22 BILL NO. 2759 AMENDING HMC CHAPTER 15.24 UNIFORM MECHANICAL CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.24 TO THE HENDERSON MUNICIPAL CODE ENTITLED “UNIFORM MECHANICAL CODE” BY ADOPTING THE 2012 VERSION OF SUCH CODE, AND THE “SOUTHERN NEVADA AMENDMENTS TO THE 2012 UNIFORM MECHANICAL CODE” THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2759 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 15 of 31 July 16, 2013 – Minutes B-23 BILL NO. 2760 AMENDING HMC CHAPTER 15.44 SWIMMING POOL CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.44 TO THE HENDERSON MUNICIPAL CODE ENTITLED “SWIMMING POOL CODE” BY ADOPTING THE 2012 VERSION OF THE “INTERNATIONAL SWIMMING POOL AND SPA CODE”; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2760 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-24 BILL NO. 2761 ZCA-09-660007-E1 MISSION BEEHIVE HOMES / COYOTE KIDS CHILD CARE APPLICANT: COMMUNITY DEVELOPMENT AND MARSHA JEFFRIES Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE EAST SIDE OF GREENWAY ROAD BETWEEN TRENIER DRIVE AND MISSION DRIVE, FROM RS-1 (LOW-DENSITY RESIDENTIAL) TO RS-1-PUD (LOW-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY), AND MATTERS PROPERLY RELATED THERETO. Henderson City Council Regular Meeting Page 16 of 31 July 16, 2013 – Minutes (Motion) Mayor Andy Hafen moved to refer Bill No. 2761 to the August 6, 2013, Committee meeting for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-25 BILL NO. 2762 AMENDING HMC CHAPTER 15.45 INTERNATIONAL ENERGY CONSERVATION CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.45 TO THE HENDERSON MUNICIPAL CODE ENTITLED “INTERNATIONAL ENERGY CONSERVATION CODE” BY ADOPTING THE 2012 VERSION OF SUCH CODE, AND THE “SOUTHERN NEVADA AMENDMENTS TO THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE” THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2762 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-26 BILL NO. 2763 REPEALING HMC CHAPTER 15.32 INTERNATIONAL FIRE CODE AND ADOPTING A NEW CHAPTER 15.32 ENTITLED INTERNATIONAL FIRE CODE BUILDING AND FIRE SAFETY Jacob Snow, City Manager, introduced and read this Bill by title: Henderson City Council Regular Meeting Page 17 of 31 July 16, 2013 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, REPEALING CHAPTER 15.32 TO THE HENDERSON MUNICIPAL CODE ENTITLED “INTERNATIONAL FIRE CODE” BY ADOPTING A NEW CHAPTER 15.32 TO THE HENDERSON MUNICIPAL CODE ENTITLED “INTERNATIONAL FIRE CODE,” WITH AMENDMENTS THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2763 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-27 BILL NO. 2764 AMENDING HMC CHAPTER 15.02 DEVELOPMENT SERVICES SCHEDULE OF FEES DEVELOPMENT SERVICES CENTER Jacob Snow, City Manager, introduced and read this Bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING SECTION 15.02.010 TO THE HENDERSON MUNICIPAL CODE ENTITLED “DEVELOPMENT SERVICES CENTER SCHEDULE OF FEES”, “TABLE M SPECIAL SERVICE FEES” THERETO; AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2764 to the Committee meeting of August 6, 2013, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VIII. PUBLIC COMMENT Meta Lale, 347 Santa Monica Drive, did not speak but filled out a comment card asking if the City has a plan to assure residents that their homes will not be invaded or commandeered in violation of the Third Amendment of the United States Constitution. Henderson City Council Regular Meeting Page 18 of 31 July 16, 2013 – Minutes Tasha Heath, no address given, did not speak but filled out a comment card that she is concerned about potential Third Amendment violations and Fourth Amendment allegations on the Henderson Police Department and North Las Vegas Police Department. Steven Dusterwald, 3555 Stober Boulevard, Apt. 238, Las Vegas, did not speak but filled out a comment card that disciplinary action must be taken against police officers who commandeered the Mitchell’s residence without their permission. Cindy Lake, 277 Maritime Street, representing the Clark County Republican Party, voiced concern of a case filed against the Henderson Police Department (HPD) regarding a Third Amendment violation. She believes the HPD has become more militarized and asked if the HPD answers to the Mayor and Council. Mayor Hafen confirmed that the HPD does answer to the Mayor and Council; however, he noted that the City cannot comment on this issue due to pending litigation. He encouraged residents to review the police officer’s report of this incident. Councilwoman March stated that since this event occurred in 2011, the Council has hired a new City Manager and a new Police Chief. The City also had an International City Management Association (ICMA) review conducted on the police department and has instituted training programs. The following residents also voiced concern regarding the potential Third Amendment violation in the Mitchell vs. Henderson Police Department and North Las Vegas Police Department case: Shirley Shelton, no address given; and George Hicks, 5416 Dilly Circle, North Las Vegas. James Barry Johnston, 1641 Sabatini Drive, asked for recording devices to be put on police officers to protect them and residents, and to support Operation Paparazzi to video record everything regarding the police. He also asked that any City employee on an opiate should not drive. Mr. Johnston thanked Harry Reid for doing a terrible job and using the Unions to keep himself elected. He believes the City should not take funds that have federal strings. Robert Walker, 400 Brush Street, Las Vegas, read Amendment Three as follows: No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Mr. Walker stated that the law has to be written and the policemen are way out of line. Henderson City Council Regular Meeting Page 19 of 31 July 16, 2013 – Minutes Jim Duensing, 150 S. Highway 160, said he runs a nonprofit organization, Americans Against Protenant (sic) Offenses, and stated that the Council needs to fix this issue regarding the Third Amendment violation. Dirk Tegan, 4052 Hazelridge Drive, Las Vegas, asked if the officers involved in the Third Amendment violation and the police officer who was seen kicking a man in the head in a video are still on the streets. IX. UNFINISHED BUSINESS Note: UB-28 was discussed immediately following UB-29. UB-28 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. Tracy Foutz, Acting Director of Community Development and Services, presented a summary of this item and noted that he believes the appellant has reached an agreement on this matter. Bill Curran, 100 City Parkway, No. 1750, Las Vegas, representing the Tuscany Homeowners’ Association and Dunhill Homes, stated that they have worked out an agreement with Landwell and no longer have an objection to the application, subject to the changes Landwell agreed to make. Mayor Hafen said the Council could approve this item with modifications to conditions. Mr. Foutz noted that the memorandum outlines two new conditions 23 and 24 that were read into the record previously. John Marchiano, 218 Lead Street, asked that all the exhibits placed into the record on UB-29 be incorporated on this item as well. Mr. Curran stated his appreciation to the Council, staff, Landwell representatives, and all the residents who worked so hard on this matter. Henderson City Council Regular Meeting Page 20 of 31 July 16, 2013 – Minutes (Motion) Mayor Hafen moved to modify Planning Commission’s decision of approval to approve TM-12-500308, 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, with conditions and the following added conditions: Landwell shall submit revised tentative map exhibits to Community Development to depict a modified street section for Mohawk Drive as shown on exhibits within the Mohawk Vacation Agreement letter dated July 16, 2013; and Final Map for Cadence Phase I - Neighborhood Map may be not released for recordation until a Minor Modification to the Cadence Development Agreement has been approved by the City to amend the street section for Mohawk Drive as shown on the subject map. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study (update) for Public Works' approval. 3. In accordance with the Development Agreement, applicant shall dedicate rights-of-way and construct the required roadways per Public Works' requirements and standards listed within the Development Agreement. 4. Applicant shall submit a traffic analysis (update) to address traffic concerns and to determine the proportionate share of this development’s local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary R/W. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 6. Applicant shall dedicate and construct Pueblo Boulevard/Galleria Drive right-of-way per Public Works' requirements. Applicant shall obtain and provide all necessary permission/approvals from Nevada Energy Power. 7. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works' requirements and provide proof of vacation prior to (Certificate of Occupancy/approval of Civil Improvement Plans/Final Map/Parcel Map). 8. Applicant shall comply with Standard Drawing No. 201.1, which refers to major intersections and dedicate any necessary R/W. 9. Nuisance water drains shall be required after 1,000 feet of surface street flow for public residential streets. 10. FHA Type B drainage shall be allowed only where lots drain directly to public drainage facilities, public parks, or golf courses. 11. Applicant shall show the limits of the flood zone and submit a letter of map revision to FEMA prior to the Shear and Tie inspection. Henderson City Council Regular Meeting Page 21 of 31 July 16, 2013 – Minutes DEPARTMENT OF UTILITY SERVICES CONDITIONS 12. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 13. Applicant shall comply with the requirements of the master utility plan established for the project area. 14. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application. 15. Applicant shall be responsible for all necessary water and sewer infrastructure in order to obtain service for Phase I. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 16. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by the Cadence Development Agreement, Cadence Development Standards, and 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. 17. Approval of this neighborhood tentative map for 28 lots shall be for a period of four years from the effective date of approval. 18. The proposed street names are not approved through this application. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. 19. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 20. Final landscape plans will be required to be submitted by the developer and approved by Community Development prior to approval of Civil Improvement Plans for the subject portion of roadway as included on this map and the Roadway Landscape Master Plan. Review of each landscape plan to be completed through a Design Review application. 21. Future subdivisions must be consistent with this map and Parent Tentative Map (TMA-12-500306). 22. If there are conflicts between the City Department standard conditions of approval and the Cadence Development Agreement, the Development Agreement shall supersede the standard conditions. 23. Landwell shall submit revised tentative map exhibits to Community Development to depict a modified street section for Mohawk Drive as shown on exhibits within the Mohawk Vacation Agreement letter dated July 16, 2013. Henderson City Council Regular Meeting Page 22 of 31 July 16, 2013 – Minutes 24. Final Map for Cadence Phase I - Neighborhood Map may be not released for recordation until a Minor Modification to the Cadence Development Agreement has been approved by the City to amend the street section for Mohawk Drive as shown on the subject map. 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. Note: UB-29 was discussed before UB-28. UB-29 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. Tracy Foutz, Acting Director of Community Development and Services, presented a summary of this item and read a memorandum into the record dated July 16, 2013, from Eddie Dichter, Principal Planner, outlining the amended conditions agreed upon by both parties. John Marchiano, 218 Lead Street, representing The Landwell Company, asked for a copy of the conditions read by staff. He submitted into the record a letter of agreement dated July 16, 2013, between Landwell, Tuscany Master Association and Las Vegas Land Holdings (Dunhill); a brief with Basic Environmental, LLC in support of the vacation; and the Tentative Map appeal with exhibits. Mr. Marchiano stated that the record needs to be very clear that they are not asking for a vacation of Mohawk Drive. He asked that the Council support the applications to verify the agreement with Mr. Curran’s clients. He thanked everyone for their hard work spending many hours working to find a resolution. Mr. Marchiano commended Landwell representatives for making a remarkable effort to reach an agreement. Lee Ferris, 875 West Warm Springs Road, representing The Landwell Company, displayed a site plan and explained that Mohawk Drive is being realigned to a four-way intersection, and then Preservation will carry forward to the north and will intersect at Galleria Drive crossing the existing Tuscany entry. He noted that the red areas on the site plan represent portions being vacated. Henderson City Council Regular Meeting Page 23 of 31 July 16, 2013 – Minutes Bill Curran, 100 City Parkway, No. 1750, Las Vegas, representing the Tuscany Homeowners’ Association and Dunhill Homes, stated that Mr. Marchiano has properly enunciated the agreement reached by the parties. Mr. Curran concurred with the conditions read into the record by Mr. Foutz and noted that the matter has been resolved following several negotiations. Jared Fernandez, 1172 Hollow Reed Court, stated that his understanding was Tuscany was holding up the vacation of Mohawk Drive because of a half-mile distance they would have to drive. He said this agreement seems ludicrous and believes that the construction of Galleria Drive will be the best solution. He expressed stacking concerns of vehicles at the Tuscany gate, and that vehicles coming out of Tuscany do not stop at the stop sign. He suggested a light be installed or more police presence on that stretch of road. Mayor Hafen disclosed that his daughter lives in Westin Hills and will be affected by this vacation; however, after consulting with legal staff, he will vote on this matter. Charissa Lewis, 1172 Hollow Reed Court, said any of the proposed Cadence streets will provide faster exit from her Westin Hills community, as well as pushing Galleria Drive through as soon as possible. Mayor Hafen stated that a future phase of Cadence will develop McCormick Road to go straight through to Lake Mead Drive, and Galleria Drive is at about 90 percent design. Bob Murnane, Director of Public Works, noted that there are tentative agreements for the funding in relation to pushing through Galleria Drive, which is expected to be completed in approximately 11 months. Mayor Hafen read the following conditions to be added: The Applicant (The Landwell Company) agrees to participate in the City's construction of Galleria Drive from Lake Las Vegas Parkway to Pabco Road. Construction will consist of a four-lane all weather roadway (two lanes in each direction) with center median and bike lanes on each side; and 2) The Landwell Company agrees to participate in the amount of $1.1 million including funds already dedicated to the on-going final design effort. This participation agreement shall be finalized as a minor modification to the Cadence Development Agreement and shall be completed prior to recordation of the Mohawk vacation. Mr. Ferris concurred with this condition and the other added conditions. Councilwoman Schroder asked if there will be a stop sign at the elbow corner with the proposed redesign of Mohawk Drive. Henderson City Council Regular Meeting Page 24 of 31 July 16, 2013 – Minutes Mr. Ferris displayed a site plan and said there will be a stop sign at the intersection. He also noted that a separate left-turn lane will eventually be built for residents going to Westin Hills. This left-turn lane is 300 feet long and should stack about 15 vehicles. Mayor Hafen commented that a traffic signal at Galleria Drive and Mohawk Drive is part of the development agreement. Councilman Marz commented that he has worked closely with Mr. Curran and Landwell representatives. He commended Landwell for all the changes and sacrifices they have made since the beginning of this process. He believes that the remaining lots in Tuscany and all of the development in Cadence will be an asset to the community. Mayor Hafen thanked everybody that has been involved in the negotiations and noted that staff has dedicated a lot of time. He believes this is a good design and the residents will be happy. (Motion) Councilman Marz moved to approve the 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, subject to the following amended 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. In accordance with the Development Agreement, applicant shall dedicate rights-of-way and construct the required roadways per Public Works' requirements and standards listed within the Development Agreement. 4. The Applicant (The Landwell Company) agrees to participate in the City's construction of Galleria Drive from Lake Las Vegas Parkway to Pabco Road. Construction will consist of a 4-lane all weather roadway (2 lanes in each direction) with center median and bike lanes on each side. The Landwell Company agrees to participate in the amount of $1.1 million including funds already dedicated to the on-going final design effort. This participation agreement shall be finalized as a minor modification to the Cadence Development Agreement and shall be completed prior to recordation of the Mohawk vacation. Henderson City Council Regular Meeting Page 25 of 31 July 16, 2013 – Minutes COMMUNITY DEVELOPMENT CONDITIONS 5. A modified vacation exhibit, dated July 16, 2013, is added to the record and the vacation request is amended to reflect reduced areas to be vacated. 6. Landwell shall submit a Minor Modification to the Cadence Development Agreement to Community Development to amend the Cadence Development Agreement to ensure items that are enforceable by the City as listed in the Mohawk Vacation Agreement letter dated July 16, 2013, are incorporated with the subject documents. Vacation shall not be recorded until after the Minor Amendment to the Cadence Development Agreement is completed and approved. 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-30 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. Bob Murnane, Director of Public Works, presented a summary of this item and noted that staff has completed the appraisal and negotiations. Staff has agreed to a price of $2,270,000.00, which includes the fair market value of the property plus closing costs, landscaping, and sign improvements. (Motion) Councilman Sam Bateman moved to approve the 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. 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 26 of 31 July 16, 2013 – Minutes UB-31 BILL NO. 2754 ZCA-08-660010-A1 SUNSET/GIBSON APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND OFF-RAMP LTD Jacob Snow, City Manager, introduced and read Ordinance No. 3039 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 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) Councilwoman Debra March moved to adopt Bill No. 2754 as Ordinance No. 3039. 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. NEW BUSINESS NB-32 RECONSIDERATION OF GRANT AWARD LOW INCOME WEATHERIZATION ASSISTANCE APPLICANT: COUNCILWOMAN SCHRODER Request by Councilwoman Schroder for reconsideration of the Grant Award for Low-Income Weatherization Assistance agenda item, voted upon at the July 2, 2013, City Council Regular Meeting. Councilwoman Schroder explained that she asked for this item to be reconsidered because she failed to abstain from voting on this item at the last meeting. Henderson City Council Regular Meeting Page 27 of 31 July 16, 2013 – Minutes (Motion) Mayor Andy Hafen moved to approve the request by Councilwoman Schroder for reconsideration of the Grant Award for Low-Income Weatherization Assistance agenda item, voted upon at the July 2, 2013, City Council Regular Meeting. 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-33 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. Councilwoman Schroder abstained from voting on this item because she has a family member who will benefit from the grant award. (Motion) Mayor Andy Hafen 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: Andy Hafen, Sam Bateman, John F Marz, Debra March. Those voting nay: None. Those absent: None. Those abstaining: Gerri Schroder. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 28 of 31 July 16, 2013 – Minutes NB-34 APPOINTMENT (MAYOR HAFEN) CITIZENS TRAFFIC ADVISORY BOARD CITY CLERK'S OFFICE One appointment to the Citizens Traffic Advisory Board to fill a vacant position, with term to expire June 30, 2017. (Action) This item was continued to August 20, 2013, at the request of staff. NB-35 APPOINTMENT SOUTHERN NEVADA HEALTH DISTRICT BOARD OF HEALTH - ALTERNATE (ELECTED OFFICIAL) CITY CLERK'S OFFICE One appointment of an alternate representative to the Southern Nevada Health District Board of Health, with term to expire June 30, 2015. (Motion) Mayor Andy Hafen moved to appoint himself as alternate representative to the Southern Nevada Health District Board of Health, with term to expire June 30, 2015. 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-36 APPOINTMENT (COUNCILMAN MARZ) REDEVELOPMENT AGENCY ADVISORY COMMITTEE CITY CLERK'S OFFICE One appointment to the Redevelopment Agency Advisory Committee, with term to expire June 30, 2017. (Motion) Councilman John F. Marz moved to appoint Dave Johnson to the Redevelopment Agency Advisory Committee, with term to expire June 30, 2017. 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 29 of 31 July 16, 2013 – Minutes NB-37 APPOINTMENT (COUNCILMAN MARZ) PARKS AND RECREATION BOARD CITY CLERK'S OFFICE One appointment to the Parks and Recreation Board, with term to expire June 30, 2017. (Motion) Councilman John F. Marz moved to appoint Mark Taylor to the Parks and Recreation Board, with term to expire June 30, 2017. 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. Note: NB-38 was heard immediately following approval of the Consent Agenda. NB-38 RESOLUTION CITY OF HENDERSON SUPPORT FOR FUEL TAX INDEXING PUBLIC WORKS DEPARTMENT Jacob Snow, City Manager, introduced and ready this Resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXPRESSING SUPPORT FOR THE IMPLEMENTATION OF FUEL TAX INDEXING. Christina Quigley, General Manager of the Regional Transportation Commission of Southern Nevada, reviewed basic principles of Assembly Bill 413 that was passed by the Legislature. She explained that since 1993, a flat fuel tax has been assessed on each gallon of fuel; 18.5 cents goes to the Federal government, .23 cents goes to the state government, and .09 cents stays within Clark County. Due to fuel efficiencies and the purchasing power of the .09 cents decreasing, the RTC is allowed to tie that fuel tax to a producer price index, thus allowing it to fluctuate and grow as inflation grows. Ms. Quigley estimated that over the three-year period, the average cost to residents driving around 13,500 miles per year would be about .10 cents per day. She said the legislation allows the Clark County Commissioners to enact this tax for three years. It will also require a vote of the people to continue it after 2016. She said two ballot initiatives will be voted on in 2016: One is to consider continuing the indexing of the fuel tax to go to Clark County; and the other will ask the voters if the State should index their portion of the fuel tax and keep that portion for State-related projects. Henderson City Council Regular Meeting Page 30 of 31 July 16, 2013 – Minutes Ms. Quigley explained that the fuel tax dollars will be used to complete various roadway projects and work on regionally significant projects for Southern Nevada. Responding to a question by Councilwoman March regarding the implication of the State receiving less money for road construction, Ms. Quigley said the decrease in funding is due to people buying less amounts of fuel and because we have bonded against the existing revenues to our maximum capacity. In response to questions by Councilwoman March as to how much construction and construction money is anticipated from this tax, Ms. Quigley said the RTC would be able to pay for one mile of roadway in each one of the jurisdictions, or construct one interchange. She noted that the revenue would allow the RTC to bond for between $700 to $800 million, which amounts to 183 projects. She estimated approximately 10,000 jobs would be created for the next three years. Councilwoman March stated that due to receiving fewer dollars from the federal government, state and local governments have to find solutions to solve many issues. She noted that she heard disturbing statistics that Nevada ranks 53 in the nation of receiving federal funds. She believes Nevada should be more competitive to ensure that tax dollars come back to the state. Larry Carroll, 286 Francisco Street, representing the Nevada Economic Development Coalition and the American Council of Engineering Companies; and Paul Morodkhan, 8363 West Sunset Road, No. 250, Las Vegas, representing the Las Vegas Metro Chamber of Commerce, voiced their support for this fuel tax index resolution. They believe this tax will create many jobs and will benefit the economy. Tasha Heath, no address given, asked why only one County is using this index when 12 counties were approved. She said this tax affects every Henderson citizen, and expressed concern that the purchasing power will drop more because people are struggling financially. Bob Murnane, Director of Public Works, responded that Washoe County has implemented fuel tax indexing, and they have a pretty substantial local transportation program. Other counties are more sparsely populated and rely on state funds for their transportation program. Mayor Hafen read the following from the resolution: “Whereas national studies indicate that every $1.00 invested in service transportation projects creates $4.00 in direct economic benefit.” He noted that as well as providing jobs, he thinks this tax will have a return on our investment. Henderson City Council Regular Meeting Page 31 of 31 July 16, 2013 – Minutes Councilwoman Schroder stated that this tax will benefit the whole community, especially constructing Interstate 11. We are missing out on much economic benefit from not having this interstate. She believes this effort will be a big boon economically for Southern Nevada for .10 cents a day. (Motion) Mayor Andy Hafen moved to adopt Resolution No. 4088. 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. XI. MAYOR\COUNCILMEMBER COMMENTS Mayor Hafen commented that in America people are innocent until proven guilty. He thinks there is a lot of speculation as to what happened regarding a lawsuit concerning actions in the City of Henderson and violation of the Third Amendment. He stated that the City of Henderson is the second safest city in America. Mayor Hafen noted that the City has a new City Manager, new City Attorney, and new Chief of Police. The International City Managers Association (ICMA) rated the Henderson Police Department with glowing reports, and Chief Moers has addressed some issues. XII. SET MEETING The Committee Meeting for August 6, 2013, was set for 6:45 p.m. XIII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:23 p.m. PASSED AND ADOPTED THIS 6th DAY OF AUGUST, 2013. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk