City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING August 20, 2013 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:00 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Jacob Snow, City Manager Josh Reid, City Manager Sabrina Mercadante, City Clerk Absent: None Staff: Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development and Services Richard Derrick, Chief Financial Officer Amber Ellis, Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk Mayor Hafen announced that these meetings are being streamed live to the Web. III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Gloria Campman, Nevada House of Prayer, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 33 August 20, 2013 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilman Sam Bateman moved to accept the agenda as amended: CA-12 a correction to the Funding Source changing it from “General Fund” to “Sewer Fund”. CA-13 was pulled for discussion at the request of Councilman Marz. B-32 was withdrawn at the request of staff to be read in title at the September 3, 2013, City Council Meeting. UB-35 and UB-36 were continued to the September 17, 2013, City Council Meeting at the request of the applicant. UB-38 was continued to the September 3, 2013, City Council Meeting at the request of staff. NB-47 was continued to the September 3, 2013, City Council Meeting at the request of Mayor and Council. 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: Mayor Hafen recognized Boy Scout Troop No. 848. V. CITY MANAGER'S REPORT City Manager Snow thanked the City of Henderson Police Department for their valiant efforts and heroic acts. He stated that this morning (Tuesday, August 20, 2013) there was an ambush on a Henderson Police officer while they were providing traffic control from an earlier accident. The officer was shot at several times before additional police arrived at the scene and were able to take control of the situation. Mr. Snow thanked the Police Department for their service and the sacrifices they make to ensure the safety of our City. City Manager Snow thanked Marilee Forst and Debra Walton from the City Clerk’s Office Passport Services Division for their service and contribution towards the achievement of our facility receiving the rating of “outstanding” for having a knowledgeable staff, providing the general public with “excellent” customer service, and maintaining an organized atmosphere. Henderson City Council Regular Meeting Page 3 of 33 August 20, 2013 – Minutes City Manager Snow shared the launch of a “land activity map” provided by Community Development and Services as recommended by the Citizens Advisory Committee that shows residents and business owners what projects will be heard at the next Planning Commission meeting. City Manager Snow recognized the City’s partnership with Station Casinos, and being chosen as the host City for the 2013 World Tenpin Bowling Association’s World Championships, which is taking place August 16-30 at Sunset Station’s Strike Zone Bowling Center. This international world championship event will generate an estimated $500,000.00 in economic impact for our community. VI. CONSENT AGENDA CA-13 was pulled for discussion at the request of Councilman Marz. CA-1 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS AUGUST 6, 2013 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting Minutes of August 6, 2013. (Motion) Councilwoman Gerri Schroder moved to adopt the City Council Committee and Regular Meeting Minutes of August 6, 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-2 CASH REQUIREMENTS REGISTER JUNE 26, 2013, THROUGH JULY 31, 2013 FINANCE DEPARTMENT Cash requirements for the period of June 26, 2013, through July 31, 2013, in the amount of $26,816,926.84. Henderson City Council Regular Meeting Page 4 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the Cash Requirements Register for the period of June 26, 2013, through July 31, 2013, in the amount of $26,816,926.84. 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 INTERLOCAL CONTRACT VOLUNTEER BOULEVARD, LAS VEGAS BOULEVARD TO EXECUTIVE AIRPORT DRIVE PROJECT 164B (Q-10) FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16389 PUBLIC WORKS DEPARTMENT Approve the Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Project 164B (Q-10), Volunteer Boulevard, Las Vegas Boulevard to Executive Airport Drive. (Motion) Councilwoman Gerri Schroder moved to approve the Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Project 164B (Q-10), Volunteer Boulevard, Las Vegas Boulevard to Executive Airport Drive. 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 33 August 20, 2013 – Minutes CA-4 INTERLOCAL CONTRACT RACETRACK ROAD, BOULDER HIGHWAY TO ATHENS AVENUE PROJECT 049E FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16391 PUBLIC WORKS DEPARTMENT Approve the Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Project 049E, Racetrack Road, Boulder Highway to Athens Avenue. (Motion) Councilwoman Gerri Schroder moved to approve the Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Project 049E, Racetrack Road, Boulder Highway to Athens Avenue. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 INTERLOCAL CONTRACT CENTER STREET, BURKHOLDER BOULEVARD TO LAKE MEAD PARKWAY PROJECT 011B FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16392 PUBLIC WORKS DEPARTMENT Approve the Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Project 011B, Center Street, Burkholder Boulevard to Lake Mead Parkway. Henderson City Council Regular Meeting Page 6 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for engineering and construction costs for Project 011B, Center Street, Burkholder Boulevard to Lake Mead Parkway. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 THIRD SUPPLEMENTAL INTERLOCAL CONTRACT STARR ROAD, EXECUTIVE AIRPORT DRIVE/VOLUNTEER BOULEVARD I-15 TO ANTHEM BOUNDARY PROJECT 152A (Q-10) FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 12371 PUBLIC WORKS DEPARTMENT Approve the Third Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to extend the project completion date to December 30, 2015, for Project 152A, Starr Road/Executive Airport Drive/Volunteer Boulevard, I-15 to Anthem Boundary, to allow for the completion of the project. (Motion) Councilwoman Gerri Schroder moved to approve the Third Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to extend the project completion date to December 30, 2015, for Project 152A, Starr Road/Executive Airport Drive/Volunteer, I-15 to Anthem Boundary, to allow for the completion of the project. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 7 of 33 August 20, 2013 – Minutes CA-7 SIXTH SUPPLEMENTAL INTERLOCAL CONTRACT GALLERIA DRIVE, BOULDER HIGHWAY TO LAKE LAS VEGAS PARKWAY PROJECT 156A FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA PUBLIC WORKS DEPARTMENT Approve the Sixth Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to revise the scope of work and expand the project limits from Pabco Road to Lake Las Vegas Parkway, and extend the project completion date to December 30, 2017, for Project 156A, Galleria Drive, Boulder Highway to Lake Las Vegas Parkway. (Motion) Councilwoman Gerri Schroder moved to approve the Sixth Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to revise the scope of work and expand the project limits from Pabco Road to Lake Las Vegas Parkway, and extend the project completion date to December 30, 2017, for Project 156A, Galleria Drive, Boulder Highway to Lake Las Vegas Parkway. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 SIXTH SUPPLEMENTAL INTERLOCAL CONTRACT BURKHOLDER BOULEVARD, LAKE MEAD PARKWAY TO RACETRACK ROAD PROJECT 027D FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 13011 PUBLIC WORKS DEPARTMENT Approve the Sixth Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to extend the project completion date to March 31, 2014, for Project 027D, Burkholder Boulevard, Lake Mead Parkway to Racetrack Road, to allow for the completion of minor roadway, driveway and median improvements at the intersection of Burkholder Boulevard and Center Street. Henderson City Council Regular Meeting Page 8 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the Sixth Supplemental Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to extend the project completion date to March 31, 2014, for Project 027D, Burkholder Boulevard, Lake Mead Parkway to Racetrack Road, to allow for the completion of minor roadway, driveway and median improvements at the intersection of Burkholder Boulevard and Center Street. 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 VEHICLE PURCHASE CHEVY REPLACEMENT TAHOES AND NEW 2500 PICKUPS FUNDING SOURCE: VEHICLE REPLACEMENT FUND, VEHICLE PURCHASE FUND PUBLIC WORKS DEPARTMENT, POLICE DEPARTMENT, FIRE DEPARTMENT, NEIGHBORHOOD SERVICES Purchase of twenty (20) Chevrolet Police Replacement Tahoes, two (2) Chevrolet Fire Battalion Chief Replacement Tahoes, and two (2) new Chevrolet 2500 Code Enforcement pickups from Fairway Chevrolet, 3100 E. Sahara, Las Vegas, NV 89104, utilizing the state of Nevada Vehicle Purchasing Contract #8038, for an amount not to exceed $676,248.00. (Motion) Councilwoman Gerri Schroder moved to approve the purchase of twenty (20) Chevrolet Police Replacement Tahoes, two (2) Chevrolet Fire Battalion Chief Replacement Tahoes, and two (2) new Chevrolet 2500 Code Enforcement pickups from Fairway Chevrolet, 3100 E. Sahara, Las Vegas, NV 89104, utilizing the state of Nevada Vehicle Purchasing Contract #8038, for an amount not to exceed $676,248.00. 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 9 of 33 August 20, 2013 – Minutes CA-10 ANNUAL RENEWAL COMMVAULT SYSTEMS INC FUNDING SOURCE: CITYWIDE SERVICES CMTS NO. 123-09-03 DEPARTMENT OF INFORMATION TECHNOLOGY Annual renewal fee for licensing, maintenance, and support services provided by CommVault Systems, Inc., in the amount of $91,015.30, commencing August 15, 2013, and continuing through August 14, 2014. (Motion) Councilwoman Gerri Schroder moved to approve the annual renewal fee for licensing, maintenance, and support services provided by CommVault Systems, Inc., in the amount of $91,015.30, commencing August 15, 2013, and continuing through August 14, 2014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 ESTABLISH BUDGET AUDIBLE PEDESTRIAN SIGNALS FUNDING SOURCE: 3052 DEVELOPER CONTRIBUTIONS FUND CMTS NO. 131-13-TC-186-002 PUBLIC WORKS DEPARTMENT Establish an estimated budget of $396,690.00 for the purchase of accessible pedestrian signal detectors with audible tones and messages at various signalized intersections around the City of Henderson. (Motion) Councilwoman Gerri Schroder moved to approve the estimated budget of $396,690.00 for the purchase of accessible pedestrian signal detectors with audible tones and messages at various signalized intersections around the City of Henderson. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 33 August 20, 2013 – Minutes CA-12 AMEND STAFF COMPLEMENT JOB DESCRIPTION AND WAGE ASSIGNMENT PRINCIPAL GIS ANALYST FUNDING SOURCE: GENERAL FUND DEPARTMENT OF HUMAN RESOURCES Amend the staff complement by adding one (1) Principal GIS Analyst to Fund 5301-3706 and deleting one (1) Utility GIS Manager from Fund 5301-3706; and approve the job description and wage assignment for Principal GIS Analyst, Professional 200, $61,674.221/year to $97,152.016/year. Note: The Funding Source should be changed from "General Fund" to "Sewer Fund." (Motion) Councilwoman Gerri Schroder moved to approve the amended staff complement by adding one (1) Principal GIS Analyst to Fund 5301-3706 and deleting one (1) Utility GIS Manager from Fund 5301-3706; and approve the job description and wage assignment for Principal GIS Analyst, Professional 200, $61,674.221/year to $97,152.016/year. 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 GRANT AWARD U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - OFFICE OF HEALTHY HOMES LEAD HAZARD CONTROL FUNDING SOURCE: LEAD HAZARD CONTROL GRANT NEIGHBORHOOD SERVICES Lead Hazard Control Grant from the U.S. Department of Housing and Urban Development (HUD), Office of Healthy Homes Lead Hazard Control (OHHLHC), in the amount of $2,293,701.00 to assist in the identification and removal of lead hazards from homes in targeted areas located in the City of Henderson. Barbara Geach, Neighborhood Relations Manager; and Mike Husted, Housing and Grants Coordinator, presented a summary of this item. Councilman Marz stated that the Council should examine these grants more closely. He expressed concern that this grant is going to cost $28,500.00 for each home when you include staff, marketing, education, and other expenses. He questioned the responsibility of government and the responsibility of homeowners. Henderson City Council Regular Meeting Page 11 of 33 August 20, 2013 – Minutes Responding to a question by Councilwoman Schroder regarding criteria to participate in this grant funding program, Mr. Husted said two basic criteria are to assess the home and find lead, and that there are children under the age of six in the home. He explained that there is no income criteria on the households to apply for the program and be assessed; however, HUD used income in the target area as scoring criteria in awarding the grant. Councilwoman Schroder stated that she understands Councilman Marz’s comments, but she believes it is important that federal tax dollars come back to our state and city. Councilman Marz noted a concern that renters can apply for this grant, which would allow a landlord to take advantage of federal money rather than pay for the abatement on their own. He agreed that in some cases, we have a moral responsibility to help people who cannot help themselves. Councilwoman March said she appreciates Councilman Marz’s concerns. She commented that people spend millions of dollars each year on health care costs when children consume lead, which causes permanent damage. She agreed that the Council should scrutinize the grant applications and that maybe need-based criteria should be included in the process. She pointed out that Nevada is 53rd in the nation for receiving federal funding. Councilman Marz agreed with the health issue concerns of young children, and noted that it would be beneficial to offer a program in Henderson to educate people of lead hazards. He agreed that the criteria should be more strict to prevent slumlords from taking advantage of grant programs. Ms. Geach said the reason that renters are allowed to apply for the grant is because many landlords do not take care of their tenants, even to address safety or health issues. Councilman Marz suggested the City look into putting regulations on slumlords. (Motion) Mayor Andy Hafen moved to accept the Lead Hazard Control Grant from the U.S. Department of Housing and Urban Development (HUD), Office of Healthy Homes Lead Hazard Control (OHHLHC), in the amount of $2,293,701.00 to assist in the identification and removal of lead hazards from homes in targeted areas located in the City of Henderson. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: John F. Marz. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 33 August 20, 2013 – Minutes CA-14 GRANT AWARD STATE OF NEVADA DIVISION OF STATE PARKS PARKS AND RECREATION Accept grant award from the State of Nevada, Division of State Parks, FHWA Recreation Trails Program, CFDA 20.219 in the amount of $199,824.00 and authorize Southern Nevada Public Land Management Act (SNPLMA) funds in the amount of $37,467.00 and Residential Construction Tax - East District funds in the amount of $12,489.00 to be used as a grant match to repave the River Mountains Loop Trail between section 10 and 14 and authorize staff to request proposals for this project. (Motion) Councilwoman Gerri Schroder moved to accept the grant award from the State of Nevada, Division of State Parks, FHWA Recreation Trails Program, CFDA 20.219 in the amount of $199,824.00 and authorize Southern Nevada Public Land Management Act (SNPLMA) funds in the amount of $37,467.00 and Residential Construction Tax - East District funds in the amount of $12,489.00 to be used as a grant match to repave the River Mountains Loop Trail between section 10 and 14 and authorize staff to request proposals for this project. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-15 RIGHT-OF-WAY ROW-024-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-024-13, for the Aventine south municipal utility easement in the Southwest Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located west of Eastern Avenue and Pecos Ridge Parkway in the Westgate Planning Area. Henderson City Council Regular Meeting Page 13 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to accept ROW-024-13, for the Aventine south municipal utility easement in the Southwest Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located west of Eastern Avenue and Pecos Ridge Parkway in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-16 RIGHT-OF-WAY ROW-025-13 PUBLIC WORKS DEPARTMENT Acceptance of right-of-way ROW-025-13, for the Aventine north municipal utility easement in the Southeast Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located west of Eastern Avenue and Pecos Ridge Parkway in the Westgate Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-025-13, for the Aventine north municipal utility easement in the Southeast Quarter of Section 36, Township 22 South, Range 61 East, M.D.M., generally located west of Eastern Avenue and Pecos Ridge Parkway in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-17 RIGHT-OF-WAY ROW-029-13 PUBLIC WORKS DEPARTMENT Grant and acceptance of right-of-way ROW-029-13, for Eastgate Road in the Northwest Quarter of Section 2, Township 22 South, Range 62 East, M.D.M., generally located northwest of Sunset Road and Eastgate Road in the Eastside Redevelopment and Midway Planning Areas. Henderson City Council Regular Meeting Page 14 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to grant and accept ROW-019-13, for Eastgate Road in the Northwest Quarter of Section 2, Township 22 South, Range 62 East, M.D.M., generally located northwest Sunset Road and Eastgate Road in the Eastside Redevelopment and Midway Planning Areas. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 RIGHT-OF-WAY ROW-030-13 PUBLIC WORKS DEPARTMENT Grant and acceptance of right-of-way ROW-030-13, for Stufflebeam Avenue in the South Half of Section 34, Township 21 South, Range 62 East, M.D.M., generally located southeast of Russell Road and Stephanie Street in the Eastside Redevelopment and Midway Planning Areas. (Motion) Councilwoman Gerri Schroder moved to grant and accept ROW-030-13, for Stufflebeam Avenue in the South Half of Section 34, Township 21 South, Range 62 East, M.D.M., generally located southeast of Russell Road and Stephanie Street in the Eastside Redevelopment and Midway Planning Areas. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 BUSINESS LICENSE MASSAGE ESTABLISHMENT CUT ME LOOSE SALON APPLICANT: LABRE LLC Application for Massage Establishment business license for Labre LLC dba Cut Me Loose Salon, 2525 West Horizon Ridge Parkway, Suite 110, Henderson, Nevada 89052. Henderson City Council Regular Meeting Page 15 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for a Massage Establishment business license for Labre LLC dba Cut Me Loose Salon, 2525 West Horizon Ridge Parkway, Suite 110, Henderson, Nevada 89052, pending verification of required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-20 BUSINESS LICENSE REFLEXOLOGIST MAGICAL PARADISE SPA APPLICANT: BATCHIMEG SEYMOUR Application for Reflexologist business license for Batchimeg Seymour dbat Magical Paradise Spa, 125 West Sunset Road, Suite 140, Henderson, Nevada 89014. (Motion) Councilwoman Gerri Schroder moved to approve the application for a Reflexologist business license for Batchimeg Seymour dbat Magical Paradise Spa, 125 West Sunset Road, Suite 140, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 BUSINESS LICENSE REFLEXOLOGIST CHINESE KOREAN REFLEXOLOGY APPLICANT: YUEYING T. WALTON Application for Reflexologist business license for Yueying T. Walton, dbat Chinese Korean Reflexology, 284 East Lake Mead Parkway, Suite B, Henderson, Nevada 89015. Henderson City Council Regular Meeting Page 16 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for a Reflexologist business license for Yueying T. Walton, dbat Chinese Korean Reflexology, 284 East Lake Mead Parkway, Suite B, Henderson, Nevada 89015. 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-22 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE SMASHBURGER APPLICANT: SMASHBURGER ACQUISITION – LAS VEGAS, LLC Application for Beer, Wine, and Spirit-Based Products On-Sale business license for Smashburger Acquisition – Las Vegas, LLC dba Smashburger, 9460 South Eastern Avenue, Suite 120, Henderson, Nevada. (Motion) Councilwoman Gerri Schroder moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for Smashburger Acquisition – Las Vegas, LLC dba Smashburger, 9460 South Eastern Avenue, Suite 120, Henderson, Nevada, pending verification of required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE KING PUTT APPLICANT: KING PUTT FAMILY FUN LLC Application for Beer, Wine, and Spirit-Based Products On-Sale business license for King Putt Family Fun LLC dba King Putt, 27 South Stephanie Street, Suite 100, Henderson, Nevada 89012. Henderson City Council Regular Meeting Page 17 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for King Putt Family Fun LLC dba King Putt, 27 South Stephanie Street, Suite 100, Henderson, Nevada 89012, pending verification of required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-24 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE WATER STREET GROCERY APPLICANT: WATER STREET GROCERY, LLC Application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Water Street Grocery, LLC, dba Water Street Grocery, 147 South Water Street, Suite 100, Henderson, Nevada 89015. (Motion) Councilwoman Gerri Schroder moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Water Street Grocery, LLC, dba Water Street Grocery, 147 South Water Street, Suite 100, Henderson, Nevada 89015, pending required departmental approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-25 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE PIZZERIA NOVECENTO SOUTH APPLICANT: CHEF MARC'S PASTARIA LLC Application for Beer, Wine, and Spirit-Based Products On-Sale business license for Chef Marc's Pastaria LLC, dba Pizzeria Novecento South, 9460 South Eastern Avenue, Suite 130, Henderson, Nevada 89074. Henderson City Council Regular Meeting Page 18 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for Chef Marc's Pastaria LLC, dba Pizzeria Novecento South, 9460 South Eastern Avenue, Suite 130, Henderson, Nevada 89074, pending required departmental approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-26 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE HOT N JUICY CRAWFISH APPLICANT: HNJ HENDERSON INC. Application for Beer, Wine, and Spirit-Based Products On-Sale business license for HNJ Henderson Inc., dba Hot N Juicy Crawfish, 9560 South Eastern Avenue, Henderson, Nevada 89074. (Motion) Councilwoman Gerri Schroder moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for HNJ Henderson Inc., dba Hot N Juicy Crawfish, 9560 South Eastern Avenue, Henderson, Nevada 89074, pending required departmental approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-27 BUSINESS LICENSE RESTRICTED GAMING 7-ELEVEN STORE #33677B APPLICANT: GRAJ, INC. Application for Restricted Gaming business license for GRAJ, Inc. dba 7-Eleven Store #33677B, 835 Seven Hills Drive, Suite 100, Henderson, Nevada 89052. Henderson City Council Regular Meeting Page 19 of 33 August 20, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for Restricted Gaming business license for GRAJ, Inc. dba 7-Eleven Store #33677B, 835 Seven Hills Drive, Suite 100, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-28 BUSINESS LICENSE PSYCHIC ARTS FOR MYSTIC MINDS APPLICANT: LISE LEE WYMAN Application for Psychic Arts business license for Lise Lee Wyman, dbat For Mystic Minds, 2841 North Green Valley Parkway, Suite E9, Henderson, Nevada 89014. (Motion) Councilwoman Gerri Schroder moved to approve the application for Psychic Arts business license for Lise Lee Wyman, dbat For Mystic Minds, 2841 North Green Valley Parkway, Suite E9, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-29 BUSINESS LICENSE PSYCHIC ARTS FOR MYSTIC MINDS APPLICANT: DEBORAH DELIA SMITH Application for Psychic Arts business license for Deborah Delia Smith, dbat For Mystic Minds, 2841 North Green Valley Parkway, Suite E9, Henderson, Nevada 89014. (Motion) Councilwoman Gerri Schroder moved to approve the application for Psychic Arts business license for Deborah Delia Smith, dbat For Mystic Minds, 2841 North Green Valley Parkway, Suite E9, Henderson, Nevada 89014. Henderson City Council Regular Meeting Page 20 of 33 August 20, 2013 – Minutes 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-30 BUSINESS LICENSE SECONDHAND DEALER THE CAR DEPOT LLC APPLICANT: THE CAR DEPOT LLC Application for Secondhand Dealer business license for The Car Depot LLC, 1700 North Boulder Highway, Henderson, Nevada 89011. (Motion) Councilwoman Gerri Schroder moved to approve the application for Secondhand Dealer business license for The Car Depot LLC, 1700 North Boulder Highway, Henderson, Nevada 89011. 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-31 BILL NO. 2771 AMEND HENDERSON MUNICIPAL CODE 2.40 ETHICAL STANDARDS FOR PUBLIC SERVANTS CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.40 - ETHICAL STANDARDS FOR PUBLIC SERVANTS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2771 to the committee meeting of September 3, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 21 of 33 August 20, 2013 – Minutes B-32 BILL NO. 2772 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.12 DOOR-TO-DOOR SOLICITORS, PEDDLERS AND CANVASSERS CITY ATTORNEY'S OFFICE, BUSINESS LICENSE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.12 - DOOR-TO-DOOR SOLICITORS, PEDDLERS AND CANVASSERS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Action) This item was withdrawn at the request of staff and will be read in title at the September 3, 2013, Regular meeting. B-33 BILL NO. 2773 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.100 REGISTRATION AND REGULATION OF LOBBYISTS CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.100 –REGISTRATION AND REGULATION OF LOBBYISTS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2773 to the Committee Meeting of September 3, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-34 BILL NO. 2774 AMEND HENDERSON MUNICIPAL CODE TITLE 13 STORMWATER REGULATIONS CITY ATTORNEY'S OFFICE, DEPARTMENT OF UTILITY SERVICES Jacob Snow, City Manager, introduced and read this Bill by title: Henderson City Council Regular Meeting Page 22 of 33 August 20, 2013 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 13 – STORMWATER REGULATIONS - OF THE HENDERSON MUNICIPAL CODE REMOVING IRRELEVANT SECTIONS AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to refer Bill No. 2774 to the Committee Meeting of September 3, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VIII. PUBLIC COMMENT Brandi Young, 1283 Bayleaf Terrace, voiced her support for a new PT’s application. She said the location is convenient and they have great food specials. She also noted that this business will provide more jobs for the Henderson community. IX. UNFINISHED BUSINESS UB-35 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. (Continued from the July 2, 2013, City Council Meeting) (Action) This item was continued to September 17, 2013, at the request of the applicant. Henderson City Council Regular Meeting Page 23 of 33 August 20, 2013 – Minutes UB-36 ACCOMPANYING RESOLUTION FOR UB-35 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. (Action) This item was continued to September 17, 2013, at the request of the applicant. UB-37 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. (Continued from the July 16, 2013, City Council Meeting.) (Action) This item was withdrawn at the request of staff. Henderson City Council Regular Meeting Page 24 of 33 August 20, 2013 – Minutes UB-38 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. (Continued from the July 16, 2013, City Council Meeting.) (Action) This item was continued to September 3, 2013, at the request of staff. UB-39 BILL NO. 2765 ESTABLISH HENDERSON MUNICIPAL CODE CHAPTER 2.43 - CITY AUDIT AND REPEAL RESOLUTION NO. 4052 CITY ATTORNEY'S OFFICE, CITY MANAGER'S OFFICE Jacob Snow, City Manager, introduced and read Ordinance No. 3050: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL RESOLUTION NO. 4052 AND ESTABLISH CHAPTER 2.43 - CITY AUDIT FUNCTION - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. (Motion) Mayor Andy Hafen moved to adopt Bill No. 2765 as Ordinance No. 3050. 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-40 BILL NO. 2766 ZCA-13-500193 SANDY RIDGE RESIDENTIAL APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, SANDY RIDGE RESIDENTIAL Jacob Snow, City Manager, introduced and read Ordinance No. 3051: 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 30, TOWNSHIP 22 Henderson City Council Regular Meeting Page 25 of 33 August 20, 2013 – Minutes SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE NORTHEAST CORNER OF SANDY RIDGE AVENUE AND BRANDYWINE SHOALS PLACE, IN THE MACDONALD RANCH PLANNING AREA, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-8 (LOW-DENSITY RESIDENTIAL), AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2766 as Ordinance No. 3051. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-41 BILL NO. 2767 ZCA-13-500215 PASEO VERDE APARTMENTS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, OVATION DEVELOPMENT Jacob Snow, City Manager, introduced and read Ordinance No. 3052: 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 22, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE NORTHWEST CORNER OF GIBSON ROAD AND PASEO VERDE PARKWAY, IN THE MCCULLOUGH HILLS PLANNING AREA, ON 10.3 ACRES, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RM-16 (MEDIUM-DENSITY RESIDENTIAL), AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2767 as Ordinance No. 3052. 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 33 August 20, 2013 – Minutes UB-42 BILL NO. 2768 ZCO-04-670053-A5 LAMPLIGHT TOWNHOMES APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, RYLAND HOMES Jacob Snow, City Manager, introduced and read Ordinance No. 3053: 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 22, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 7.0 ACRES, LOCATED AT THE NORTHWEST CORNER OF PASEO VERDE PARKWAY AND CHAPATA DRIVE, IN THE MCCULLOUGH HILLS PLANNING AREA, TO AMEND THE PLANNED UNIT DEVELOPMENT TO RECONFIGURE THE SITE LAYOUT AND REVISE BUILDING ARCHITECTURE, AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2768 as Ordinance No. 3053. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-43 BILL NO. 2769 ZCA-13-500231 ARISTA AT PASEO VERDE AND GIBSON APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, RYLAND HOMES Jacob Snow, City Manager, introduced and read Ordinance No. 3054: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 23, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, Henderson City Council Regular Meeting Page 27 of 33 August 20, 2013 – Minutes LOCATED APPROXIMATELY 600 FEET EAST OF THE INTERSECTION OF PASEO VERDE PARKWAY AND GIBSON ROAD, NORTH OF PASEO VERDE PARKWAY, IN THE MCCULLOUGH HILLS PLANNING AREA FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-8 (LOW-DENSITY RESIDENTIAL), AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2769 as Ordinance No. 3054. 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-44 BILL NO. 2770 DEV-13-500176 INSPIRADA DEVELOPMENT AGREEMENT APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, INSPIRADA BUILDERS, LLC Jacob Snow, City Manager, introduced and read Ordinance No. 3055: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, ADOPTING A MAJOR MODIFICATION (INCLUDING MAJOR CHANGES TO THE VILLAGE DEVELOPMENT STANDARDS, PRODUCT MIXING REQUIREMENTS, INFRASTRUCTURE TIMING, PARKS AGREEMENT) TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND INSPIRADA BUILDERS, LLC, FOR THE DEVELOPMENT OF APPROXIMATELY 1603 ACRES OF LAND GENERALLY LOCATED SOUTH OF THE INTERSECTION OF VOLUNTEER BOULEVARD AND EXECUTIVE AIRPORT DRIVE; AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilwoman Debra March moved to adopt Bill No. 2770 as Ordinance No. 3055. 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 28 of 33 August 20, 2013 – Minutes X. NEW BUSINESS NB-45 MAINTAINING AND ENHANCING QUALITY OF LIFE IN OUR MATURE NEIGHBORHOODS FUNDING FOR PROPOSED LANDSCAPE IMPROVEMENTS FUNDING SOURCE: SNWA REBATE FUNDS, TURF CONVERSION FUND, IRRIGATION SAVINGS FUND COMMUNITY DEVELOPMENT, PARKS AND RECREATION Provide update to City Council from the March 25, 2013, City Council workshop and approve funding for proposed landscape improvements to City-maintained streetscapes, in the total amount of $194,713.00. Doug Guild, Parks Superintendent; and Scott Majewski, Principal Planner, presented a summary of this item and reported that staff has been working on landscaping improvements along major thoroughfares maintained by the City. Staff will be developing potential pilot programs as well as meeting with the Commemorative Beautification Commission next month to get their involvement with this project. They showed pictures of existing conditions and proposed landscaping renovations on Green Valley Parkway, Windmill Parkway, and Valle Verde Drive. Regarding funding, staff identified approximately $200,000.00 to pay for these improvements from the following areas: Southern Nevada Water Authority Rebate Fund, Utility Services Turf Conversion Fund, and the Irrigation Savings Fund. Mayor Hafen stated that he appreciates Councilman Marz spearheading this effort, and believes these improvements are a great start. He hopes the Council will continue to support this program, and suggested that staff research a recurring stream of funding to address other areas. Councilman Marz thanked staff for their hard work. He said this project is very important to him because our quality of life is around our neighborhoods, and the City should set the example of what we believe a quality neighborhood should look like. Councilwoman March stated that it is important to acknowledge staff for their hard work and Councilman Marz for making this an important priority. She said staff should ensure the contractor is responsible for maintaining the landscaping on an ongoing basis, and that these areas are critical entryways for the community. Henderson City Council Regular Meeting Page 29 of 33 August 20, 2013 – Minutes (Motion) Mayor Andy Hafen moved to approve funding for proposed landscape improvements to City-maintained streetscapes, in the total amount of $194,713.00. 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. NB-46 CONDITIONAL USE PERMIT EXTENSION OF TIME CUP-06-540060-E5 (APPEAL OF DECISION - AP-6-13) TAVERN AT SUNSET & WHITNEY RANCH APPLICANT: GOLDEN GAMING Appeal of the Planning Commission's decision to deny an extension of time for a conditional use permit for a tavern located at the northeast corner of Sunset Road and Whitney Ranch Drive, in the Whitney Ranch Planning Area. Stephanie Garcia-Vause, Director of Community Development and Services, presented a summary of this item, and noted that the Planning Commission recommended denial of a two-year extension of time. George Garcia, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, was present with Steve Arcana, 777 Trazetti Drive. Mr. Garcia distributed handouts, gave a brief description of the project, and displayed a rendering of the proposed building. He noted that the reason the applicant requested previous extensions for this project were due to the economic downturn. In response to a question by Councilman Bateman as to why the Planning Commission denied this application, Tracy Foutz, Assistant Director of Community Development and Services, explained that the discussion at the Planning Commission meeting revolved around the fact that there had been so many extensions of time granted. He said there was nothing put on the record regarding changes to the neighborhood. Councilman Bateman said he would like something to be built in that in-fill piece, and he does not have any information that the proposed project is no longer an inappropriate use. He noted that this project will comply with the new tavern ordinance. He commented that he would like to see some progress in the next couple of years. Henderson City Council Regular Meeting Page 30 of 33 August 20, 2013 – Minutes Councilman Marz concurred with Councilman Bateman and said this project is located in his ward near his neighborhood. He noted that many of the residents in Whitney Ranch want the property to remain undeveloped because they do not want additional traffic; however, he believes this project will be a good aesthetic addition to the neighborhood. (Motion) Councilman John F. Marz moved to reverse Planning Commission's decision to deny CUP-06-540060-E5 for Tavern at Sunset and Whitney Ranch; and approve CUP-06-540060-E5, subject to findings of fact and conditions, with an additional condition that the applicant must comply with the proposed tavern ordinance. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from the use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service to existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum extent. H. The proposed use, its site design and conditions applied thereto, are intended to result in a facility where littering, loitering, and outdoor disturbance or excessive noise are not likely to occur. I. That the proposed use will not adversely affect the welfare of the neighborhood residents because on-site consumption occurs in designated and properly designed areas indoors or outdoors and that, for package sales locations, adequate measures are proposed that on-site consumption is not likely to occur. J. The proposed project, based upon its physical positioning on the site and its architectural and design features, is compatible with the surrounding neighborhood. Considerations to ensure compatibility may include, but are not limited to, an evaluation of security, noise, light and glare, parking location and availability, and service area locations. Henderson City Council Regular Meeting Page 31 of 33 August 20, 2013 – Minutes PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Driveways shall be constructed per Clark County Area Standard Drawing Nos. 226.1 and 226.2 and dedicate any necessary right-of-way. 3. Applicant must apply to Council for approval to cut a 5-year no-cut street. If the applicant receives approval, all offsite improvements must be completed within 9 months of entitlement approvals. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 5. This conditional use permit for a tavern shall expire on May 9, 2015, unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 6. A restaurant shall be operated at all times that the tavern is open for business. 7. A minimum of 50 percent of the net floor area must be designated as dining area. Exterior seating areas may not be counted. 8. The actual seating capacity at all times within the dining area must be able to accommodate a minimum of one hundred people. Exterior seating areas may not be counted. 9. Hours of operation for the eastside outside dining area shall be between the hours of 6:00 a.m. to 1:00 a.m. ADDED CONDITION 10. Applicant must comply with the City of Henderson’s new pending tavern ordinances. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 32 of 33 August 20, 2013 – Minutes NB-47 APPOINTMENT SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY BOARD OF COMMISSIONERS CITY CLERK'S OFFICE One (1) appointment to the Southern Nevada Regional Housing Authority Board of Commissioners, with term to expire September 7, 2017. (Action) This item was continued to September 3, 2013, at the request of the Mayor and Council. NB-48 APPOINTMENT (COUNCILWOMAN SCHRODER) SPECIAL BUDGET AD HOC COMMITTEE (SBAHC) CITY MANAGER'S OFFICE One (1) appointment by Councilwoman Gerri Schroder to the newly-formed Special Budget Ad Hoc Committee with term expiring May 20, 2014. (Motion) Councilwoman Gerri Schroder moved to appoint Sean Stewart to the Special Budget Ad Hoc Committee with term to expire May 20, 2014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-49 REAPPOINTMENT (MAYOR HAFEN) BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY PARKS AND RECREATION Reappointment of One (1) (Student) Mayoral Appointment to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity with term to expire July 31, 2014. Henderson City Council Regular Meeting Page 33 of 33 August 20, 2013 – Minutes (Motion) Mayor Andy Hafen moved to reappoint Alec Rogers to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity with term to expire July 31, 2014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. XI. MAYOR\COUNCILMEMBER COMMENTS There were no Mayor or Councilmember comments. XII. SET MEETING The Committee Meeting for September 3, 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 7:47 p.m. PASSED AND ADOPTED THIS 3rd DAY OF SEPTEMBER, 2013. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk