City Council Regular

CITY OF HENDERSON CITY COUNCIL AGENDA REGULAR MEETING Tuesday, November 5, 2013 Council Chambers 7:00 PM 240 Water Street Meeting Inquiries: (702) 267-1400 Henderson, Nevada 89015 NOTICE Notice to persons with special needs: For those requiring special assistance or accommodation to attend or participate in this meeting, arrangements for a sign language interpreter or services necessary for effective communication for qualified persons with disabilities should be made as soon as possible, but no later than 72 hours before the scheduled meeting. Listening devices are available for persons with hearing impairments. Please contact the City Clerk's office at (702) 267-1400 or TTY: 7-1-1, at least 72 hours in advance to request a sign language interpreter. You may also submit your request by using Contact Henderson. The Mayor reserves the right to hear agenda items out of order, combine two or more agenda items for consideration, remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. All items are action items unless otherwise noted. Public comment will be taken on each agenda item as it is heard. If you desire to provide public comment on an agenda item, please complete a yellow speaker card and submit it to the City Clerk prior to the item being heard. Individuals speaking on an item will be limited to three (3) minutes and spokespersons for a group will be limited to ten (10) minutes. Backup materials for agenda items can be found in the Office of the City Clerk or on the City's website at: http://www.cityofhenderson.com/city_clerk/agendas_back-up_minutes.php To request backup materials, please contact Sabrina Mercadante at (702) 267-1400. Agenda Information Line - (702) 267-1440 (No. 3). NOTICE Parking for public meetings is located in the side parking lot of City Hall adjacent to Basic Road or in the parking garages located on Water Street or at Basic Road and Lead Street. I. CALL TO ORDER City Council Regular Meeting Page 2 of 27 Tuesday, November 5, 2013 - Agenda II. CONFIRMATION OF POSTING AND ROLL CALL III. INVOCATION AND PLEDGE OF ALLEGIANCE IV. ACCEPTANCE OF AGENDA (For Possible Action) V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PROCLAMATION ENERGYFIT NEVADA DAY COMMUNICATIONS AND COUNCIL SUPPORT Proclamation declaring November 5, 2013, as EnergyFit Nevada Day to recognize the program for assisting Henderson and other Nevada homeowners in improving the health, comfort and energy efficiency of their homes using certified energy auditors and contractors. VI. CITY MANAGER'S REPORT THE CITY MANAGER’S REPORT CANNOT BE ACTED UPON OR DISCUSSED AT THIS MEETING, BUT MAY BE REFERRED BY COUNCIL TO THE NEXT REGULAR MEETING FOR CONSIDERATION. VII. CONSENT AGENDA UNLESS AN ITEM IS PULLED FOR DISCUSSION, COUNCIL WILL TAKE ACTION ON ALL CONSENT AGENDA ITEMS WITH ONE MOTION, ACCEPTING THE RECOMMENDATIONS AS STATED ON THE AGENDA ITEM. TO PULL AN ITEM FOR DISCUSSION, PLEASE NOTIFY THE CITY CLERK BY PRESENTING A YELLOW SPEAKER CARD BEFORE COUNCIL TAKES ACTION ON THE CONSENT AGENDA. YELLOW SPEAKER CARDS ARE AVAILABLE AT THE ENTRANCE TO THE COUNCIL CHAMBERS AND AT THE PODIUM. City Council Regular Meeting Page 3 of 27 Tuesday, November 5, 2013 - Agenda CA-2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS OCTOBER 15, 2013 CITY CLERK'S OFFICE For Possible Action. RECOMMENDATION: Adopt City of Henderson City Council Committee and Regular Meeting Minutes of October 15, 2013. CA-3 AGREEMENT AFFORDABLE HOUSING PROGRAM FUNDING SOURCE: HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDS CMTS NO. 16550 NEIGHBORHOOD SERVICES For Possible Action. RECOMMENDATION: Approve Agreement between the City of Henderson and Landsman Family LLC, to utilize Home Investment Partnership Program (HOME) Funds in the amount of $100,000.00 to provide partial funding of soft costs for the Landsman Gardens Rehabilitation Project, serving households below the 60% Area Median Income (AMI). City Council Regular Meeting Page 4 of 27 Tuesday, November 5, 2013 - Agenda CA-4 AMENDMENT NO. 4 ENGINEERING SERVICES AGREEMENT LAKE MEAD PKWY TRAIL AND WETLANDS TRAIL PHASE II ATKINS NORTH AMERICA, INC. FUNDING SOURCE: SNPLMA GRANT FUNDING AND LID T-16 CAPITAL PROJECT FUNDING CMTS NO. 13938 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Amendment No. 4 to the engineering services agreement between City of Henderson and Atkins North America, Inc., in the amount of $38,142.30, for final design and technical specifications on the Lake Mead Parkway and Wetlands Trail Phase II project and authorize the City Manager, or his designee, to execute the amendment for the City. CA-5 AMENDMENT NO. 1 ENGINEERING SERVICES AGREEMENT PITTMAN BURNS, SUNSET TO GALLERIA-PHASE 1 CMTS NO. 15079 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Extension of time to the Engineering Services Agreement for Pittman Burns, Sunset to Galleria-Phase 1 project to allow Atkins North America Inc., to complete the terms of the engineering services agreement at no additional cost to the City. City Council Regular Meeting Page 5 of 27 Tuesday, November 5, 2013 - Agenda CA-6 FIRST AMENDMENT GOVERNANCE AGREEMENT ELDORADO VALLEY REGIONAL PUBLIC SAFETY TRAINING FACILITY POLICE DEPARTMENT For Possible Action. RECOMMENDATION: Approve First Amendment to the governance agreement of the Eldorado Valley Regional Public Safety Training Facility between the City of Henderson and the City of Boulder City to clarify the roles and responsibilities of each entity as the project moves closer to completion. CA-7 INTERLOCAL CONTRACT PUEBLO BOULEVARD, NEWPORT DRIVE TO WARM SPRINGS ROAD PROJECT 161B-FTI FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16572 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for the design of Project 161B-FTI, Pueblo Boulevard, Newport Drive to Warm Springs Road, for the rehabilitation and completion of Pueblo Boulevard from Newport Drive to Warm Springs Road. City Council Regular Meeting Page 6 of 27 Tuesday, November 5, 2013 - Agenda CA-8 INTERLOCAL CONTRACT ANTHEM NEIGHBORHOOD REHABILITATION PROJECT 175A-FTI FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16573 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for the design and construction of Project 175A-FTI, Anthem Neighborhood Rehabilitation, for rehabilitation improvements to Anthem Parkway at Anthem Country Club, Anthem Parkway between Eastern Avenue and Pecos Ridge Parkway, and the Reunion Drive loop. CA-9 INTERLOCAL CONTRACT GREEN VALLEY NEIGHBORHOOD REHABILITATION—ARROYO GRANDE BOULEVARD PROJECT 175C-FTI FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16575 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for the design and construction of Project 175C-FTI, Green Valley Neighborhood Rehabilitation—Arroyo Grande Boulevard, for rehabilitation/reconstruction to address groundwater issues at Arroyo Grande Boulevard and Mayan Drive, Harwick and Helmsdale, and Sunset Road near Scimitar Drive. City Council Regular Meeting Page 7 of 27 Tuesday, November 5, 2013 - Agenda CA-10 INTERLOCAL CONTRACT GREEN VALLEY NEIGHBORHOOD REHABILITATION PROJECT 175B-FTI FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16574 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for the design and construction of Project 175B-FTI, Green Valley Neighborhood Rehabilitation, for rehabilitation improvements on High View Drive from Green Valley Parkway to Valle Verde Drive and on Valle Verde Drive from Warm Springs Road to High View Drive. CA-11 INTERLOCAL CONTRACT DOWNTOWN HENDERSON COMPLETE STREETS PROJECT 176A-FTI FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16576 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for the design and construction of Project 176A-FTI, Downtown Henderson Complete Streets, for rehabilitation improvements to the Downtown Henderson business district including Pacific Avenue, Market Street, Army Street, Navy Street, Marine Street, Atomic Street, Panama Street, Basic Road, Atlantic Avenue and Van Wagenen Street. City Council Regular Meeting Page 8 of 27 Tuesday, November 5, 2013 - Agenda CA-12 EIGHTH SUPPLEMENTAL INTERLOCAL CONTRACT PITTMAN NORTH DETENTION BASIN AND OUTFALL PROJECT HEN16A01 FUNDING SOURCE: CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT CMTS NO. 12747 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Eighth Supplemental Interlocal Contract by and between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Pittman North Detention Basin and Outfall, Project HEN16A01, to increase funding for design engineering and extend the completion date of the project interlocal to December 31, 2016, to allow for design revisions due to the Volunteer Road alignment crossing the original basin footprint and to revise the alignment of the outfall channel. CA-13 INTERLOCAL CONTRACT ARTERIAL RECONSTRUCTION, FISCAL YEAR 2014, PROJECT 135S-SB5 FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 16571 PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Interlocal Contract by and between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada to provide funding for the design and construction of Project 135S-SB5, Arterial Reconstruction, Fiscal Year 2014, to prolong the life of existing arterial roadways within Henderson. City Council Regular Meeting Page 9 of 27 Tuesday, November 5, 2013 - Agenda CA-14 AWARD OF CONTRACT VIVALDI AND SONATA PARKS SHADE STRUCTURES PROJECT FUNDING SOURCE: RESIDENTIAL CONSTRUCTION TAX CMTS NO. 16541 PARKS AND RECREATION For Possible Action. RECOMMENDATION: Award to USA Shade and Fabric Structures, Inc. Award the Vivaldi and Sonata Parks Shade Structure Project to USA Shade and Fabric Structures, Inc. to erect shade over the existing playgrounds at Vivaldi and Sonata Parks, in the amount of $56,150.00 and augment the project budget to include $6,000.00 in contingency funds, authorize the City Manager, or his designee, to execute the agreement for the City, and authorize the Director, or her designee, to execute change orders within the project budget. CA-15 AWARD CONTRACT NO. 2013-78-0000 LAKE LAS VEGAS LIFT STATION FLOOD PROTECTION PROJECT CONSTRUCTION SERVICES UNLIMITED, INC. FUNDING SOURCE: SEWER FUNDS CMTS NO. 16565 DEPARTMENT OF UTILITY SERVICES For Possible Action. RECOMMENDATION: Award to Construction Services Unlimited, Inc. Award Contract No. 2013-78-0000, Lake Las Vegas Lift Station Flood Protection Project, to Construction Services Unlimited, Inc., in the amount of $177,894.00, authorize a Budget Augmentation in the amount of $202,894.00 for the project budget, authorize the City Manager to execute the Contract for the City, and authorize the Director and/or her designee to execute associated change orders within the approved project budget. City Council Regular Meeting Page 10 of 27 Tuesday, November 5, 2013 - Agenda CA-16 COMMUNITY PROJECTS FUND DISBURSEMENT REQUEST THREE SQUARE FOOD BANK FUNDING SOURCE: GENERAL FUND COUNCILWOMAN GERRI SCHRODER For Possible Action. RECOMMENDATION: Approve Community Projects Fund Disbursement Request from Councilwoman Gerri Schroder to Three Square Food Bank to assist in providing Thanksgiving meals, in the amount of $1,000.00. CA-17 COMMUNITY PROJECTS FUND DISBURSEMENT REQUEST HENDERSON HISTORICAL SOCIETY FUNDING SOURCE: GENERAL FUND COUNCILWOMAN GERRI SCHRODER For Possible Action. RECOMMENDATION: Approve Community Projects Fund Disbursement Request from Councilwoman Gerri Schroder to the Henderson Historical Society. These funds will help to provide an opportunity to discover the history of Henderson through the Henderson Speaks Lecture Series, educational outreach, Water Street historic walking tours and archives, in the amount of $1,000.00. CA-18 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-16 PROJECT R-4 CMTS NO. 121-10-010 FINANCE DEPARTMENT For Possible Action. RECOMMENDATION: Approve Payment and acquisition costs relating to Local Improvement District (LID) T-16, Project R-4, in the amount of $372,246.00, to be paid from LID T-16 Bond Proceeds. City Council Regular Meeting Page 11 of 27 Tuesday, November 5, 2013 - Agenda CA-19 BUSINESS IMPACT STATEMENT SOUTHERN NEVADA WATER AUTHORITY REGIONAL COMMODITY CHARGE AND INFRASTRUCTURE SURCHARGE DEPARTMENT OF UTILITY SERVICES For Possible Action. RECOMMENDATION: Approve Consider and approve the business impact statement, prepared pursuant to NRS Chapter 237 (Adoption of Rules Affecting Business) as amended by AB 408, addressing the impacts to businesses from increases to the Southern Nevada Water Authority's (SNWA) regional commodity charge and infrastructure surcharge. CA-20 MEMORANDUM OF UNDERSTANDING COMMUNITY TRIAGE CENTER FUNDING SOURCE: GENERAL FUND CMTS NO. 16568 NEIGHBORHOOD SERVICES For Possible Action. RECOMMENDATION: Approve Memorandum of Understanding among WestCare Nevada, Inc., multiple local governments within Clark County, and multiple Southern Nevada Hospitals relating to the provision of funds for the Community Triage Center, which will help to reduce the number of chronic inebriates and mental health patients unnecessarily occupying beds in overcrowded hospital emergency rooms, with a City of Henderson funding obligation amount of $15,184.51. CA-21 VACATION VAC-13-500379 SOUTH EDGE VILLAGE 2 VIA FIRENZE APPLICANT: INSPIRADA BUILDERS, LLC For Possible Action. RECOMMENDATION: Approve with conditions Petition to vacate a portion of Via Firenze and adjacent non-exclusive utility/use easements (NUEs) in the Southeast Quarter of Section 14, Township 23 South, Range 61 East, M.D.M., generally located northeast of Via Inspirada and Bicentennial Parkway, in the West Henderson Planning Area. City Council Regular Meeting Page 12 of 27 Tuesday, November 5, 2013 - Agenda CA-22 VACATION VAC-13-500380 SOUTH EDGE VILLAGES 5 THROUGH 7 APPLICANT: INSPIRADA BUILDERS, LLC For Possible Action. RECOMMENDATION: Approve with conditions Petition to vacate portions of the street network, adjacent non-exclusive utility/use easements (NUEs) and a public drainage easement within Sections 22 and 23, Township 23 South, Range 61 East, M.D.M, generally located south of Via Inspirada and Bicentennial Parkway, in the West Henderson Planning Area. CA-23 ZONE CHANGE EXTENSION OF TIME ZCO-05-670049-E3 PICERNE AT UPRR APPLICANT: PICERNE DEVELOPMENT CORPORATION For Possible Action. RECOMMENDATION: Approve with conditions Extension of time for a zone change request from IP (Industrial Park) to CM- PUD (Mixed-Use Commercial with Planned Unit Development Overlay) on 23.3 acres, generally located on the east side of Nevada State Drive, approximately 950 feet south of the intersection of Conestoga Way and Nevada State Drive and north of the Union Pacific Railroad, in the Mission Hills Planning Area. CA-24 ZONE CHANGE ZCA-13-500261 SAN GREGORIO ESTATES - NORTH AND SOUTH APPLICANT: JAMES A. SPEAR For Possible Action. RECOMMENDATION: Approve with conditions Rezone from RS-1 (Low-Density Residential) on approximately 7.8 acres and RS-2-H (Low-Density Residential with Hillside Overlay) on approximately 5 acres to RS-6-H (Low-Density Residential with Hillside Overlay) on 12.8 acres, generally located north of West Paradise Hills Drive and west of Laurel Bluff Drive, in the Paradise Hills Planning Area. City Council Regular Meeting Page 13 of 27 Tuesday, November 5, 2013 - Agenda CA-25 ZONE CHANGE ZCA-13-500314 TENTATIVE MAP TMA-13-500315 HORIZON 72 (AKA TRESOR / BLACK MOUNTAIN VISTAS) APPLICANT: D.R. HORTON For Possible Action. RECOMMENDATION: Approve with conditions A) Rezone from RS-2-H-MP (Low-Density Residential with Hillside and Master Plan Overlays) to RS-2-H-MP-PUD (Low-Density Residential with Hillside, Master Plan and Planned Unit Development Overlays); and B) A 130-lot (122 single-family, 8 common) residential subdivision; on approximately 67.0 acres, generally located east of Shaded Canyon Drive, approximately 1300 feet south of Horizon Ridge Parkway, in the McCullough Hills Planning Area. CA-26 ZONE CHANGE ZCA-13-500349 OPHTHALMOLOGY OFFICE AND SURGERY CENTER APPLICANT: EASTERN HOLDINGS, LLC For Possible Action. RECOMMENDATION: Approve with conditions Rezone from RS-2 (Low-Density Residential) to CN (Neighborhood Commercial) on 2.1 acres generally located on Horizon Ridge Parkway and north of Sandy Ridge Avenue, in the MacDonald Ranch Planning Area. CA-27 ZONE CHANGE ZCA-13-500365 SANDY HEIGHTS APPLICANT: STORYBOOK HOMES For Possible Action. RECOMMENDATION: Approve with conditions Rezone from RS-2 (Low-Density Residential) to RS-8 (Low-Density Residential) on 2.2 acres, generally located on Horizon Ridge Parkway approximately 650 feet east of Sandy Ridge Avenue, in the MacDonald Ranch Planning Area. City Council Regular Meeting Page 14 of 27 Tuesday, November 5, 2013 - Agenda VIII. PUBLIC HEARINGS PH-28 PUBLIC HEARING MODIFICATION OF LOCAL IMPROVEMENT DISTRICT (LID) T-18, INSPIRADA PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Accept Public hearing for the modification of Local Improvement District (LID) T-18, Inspirada, pursuant to NRS 271.642, with modifications outlined in the LID T-18 Modified Engineers Report. PH-29 ACCOMPANYING RESOLUTION FOR PH-28 LOCAL IMPROVEMENT DISTRICT NO. T-18 (INSPIRADA) PROTEST RESOLUTION REGARDING THE PUBLIC HEARING FOR THE MODIFICATION OF LOCAL IMPROVEMENT DISTRICT (LID) T-18, INSPIRADA PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, CONSIDERING PROTESTS MADE AT THE HEARING ON THE PROVISIONAL ORDER AND PROVIDING MATTERS PROPERLY RELATED THERETO. IX. BILLS TO BE READ IN TITLE UNLESS AN ITEM IS PULLED FOR DISCUSSION, COUNCIL WILL TAKE ACTION ON ALL BILLS TO BE READ IN TITLE WITH ONE MOTION, REFERRING THE BILLS TO THE NEXT CITY COUNCIL COMMITTEE MEETING, AS STATED IN THE HENDERSON CITY CHARTER, SECTION 2.100.1 “ORDINANCES: ENACTMENT PROCEDURE; EMERGENCY ORDINANCES”. City Council Regular Meeting Page 15 of 27 Tuesday, November 5, 2013 - Agenda B-30 BILL NO. 2796 AMEND HENDERSON MUNICIPAL CODE CHAPTER 4.60 TEENAGE DANCEHALLS - NIGHTCLUBS CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Withdrawn at the request of staff AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.60 – TEENAGE DANCEHALLS - NIGHTCLUBS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. B-31 BILL NO. 2803 AMEND HENDERSON MUNICIPAL CODE TITLE 19 ZONING ORDINANCE AMENDMENT ZOA-13-500336 DEVELOPMENT CODE UPDATE 2013 COMMUNITY DEVELOPMENT For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 19 OF THE HENDERSON MUNICIPAL CODE BY AMENDING PORTIONS OF SECTIONS 19.2, 19.3, 19.4, 19.5, 19.6, 19.7, 19.8, 19.9, AND 19.12 TO MAKE CORRECTIONS, REVISIONS, AND UPDATES AS NECESSARY; AND MATTERS PROPERLY RELATED THERETO. B-32 BILL NO. 2804 AMENDING ORDINANCE NO. 2432, REDEVELOPMENT PLAN AMENDMENT - EASTSIDE REDEVELOPMENT AREA RESET ECONOMIC DEVELOPMENT/REDEVELOPMENT For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO RESET THE BASE YEAR FOR THE EASTSIDE REDEVELOPENT AREA AT THE ASSESSMENT ROLL LAST EQUALIZED BEFORE THE DATE OF ADOPTION, AND AMENDING THE EASTSIDE REDEVELOPMENT PLAN, JOINED AND ADOPTED BY THE CITY OF HENDERSON REDEVELOPMENT AGENCY. City Council Regular Meeting Page 16 of 27 Tuesday, November 5, 2013 - Agenda B-33 BILL NO. 2805 AMEND ORDINANCE NO. 2457 AS ADOPTED ON APRIL 6, 2006, AND MODIFY THE PROJECT AND ASSESSMENTS WITHIN LOCAL IMPROVEMENT DISTRICT NO. T-18 (INSPIRADA) PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, MODIFYING THE PROJECT AND ASSESSMENTS WITHIN LOCAL IMPROVEMENT DISTRICT NO. T-18 (INSPIRADA) AND APPROVING CERTAIN DOCUMENTS AND INSTRUMENTS IN CONNECTION THEREWITH; AMENDING ORDINANCE NO. 2457 ADOPTED ON APRIL 4, 2006 IN CERTAIN RESPECTS IN CONNECTION WITH SUCH MODIFICATIONS; MAKING CERTAIN REQUIRED FINDINGS AND DETERMINATIONS; AND MATTERS PROPERLY RELATED THERETO. B-34 BILL NO. 2806 PROCEDURE FOR PAYMENT OR CREDIT FOR REDUCED ASSESSMENTS RESULTING FROM MODIFICATIONS WITHIN LOCAL IMPROVEMENT DISTRICT NO. T-18 (INSPIRADA) FINANCE DEPARTMENT For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, ESTABLISHING A FAIR PROCEDURE FOR PROVIDING PAYMENT OR CREDIT FOR REDUCED ASSESSMENTS RESULTING FROM MODIFICATIONS TO THE ORIGINAL ASSESSMENTS LEVIED WITHIN LOCAL IMPROVEMENT DISTRICT NO. T-18 (INSPIRADA); PROVIDING THE EFFECTIVE DATE HEREOF. City Council Regular Meeting Page 17 of 27 Tuesday, November 5, 2013 - Agenda B-35 BILL NO. 2807 LID T-12 SERIES 2013 REFUNDING BONDS FINANCE DEPARTMENT For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AUTHORIZING THE ISSUANCE OF THE CITY OF HENDERSON, NEVADA, LOCAL IMPROVEMENT DISTRICT NO. T-12 (LAKE LAS VEGAS NORTHSHORE), LIMITED OBLIGATION REFUNDING BONDS, SERIES 2013, TO REFUND, TOGETHER WITH OTHER AVAILABLE MONIES, ALL OF THE OUTSTANDING CITY OF HENDERSON, NEVADA, LOCAL IMPROVEMENT DISTRICT NO. T-12 (LAKE LAS VEGAS NORTHSHORE), LIMITED OBLIGATION IMPROVEMENT BONDS, 1998 SERIES A; AUTHORIZING THE EXECUTION AND DELIVERY OF SPECIFIED AGREEMENTS, DOCUMENTS AND INSTRUMENTS IN CONNECTION THEREWITH, AND APPROVING MATTERS RELATING THERETO; AMENDING ORDINANCE NO. 1822 IN CERTAIN RESPECTS; AND PROVIDING THE EFFECTIVE DATE HEREOF. B-36 ACCOMPANY BILL NO. 2808 FOR CA-24 ZCA-13-500261 SAN GREGORIO ESTATES - NORTH AND SOUTH APPLICANT: COMMUNITY DEVELOPMENT AND JAMES A. SPEAR For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 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 31, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTH OF W. PARADISE HILLS DRIVE AND WEST OF LAUREL BLUFF DRIVE FROM RS-1 (LOW-DENSITY RESIDENTIAL) ON APPROXIMATELY 7.8 ACRES AND RS-2-H (LOW-DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY) ON APPROXIMATELY 5 ACRES TO RS-6-H (LOW-DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY) ON 12.8 ACRES AND MATTERS PROPERLY RELATED THERETO. City Council Regular Meeting Page 18 of 27 Tuesday, November 5, 2013 - Agenda B-37 ACCOMPANYING BILL NO. 2809 FOR CA-25 ZCA-13-500314 HORIZON 72 (AKA TRESOR / BLACK MOUNTAIN VISTAS) APPLICANT: COMMUNITY DEVELOPMENT AND D.R. HORTON For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 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 24, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED EAST OF SHADED CANYON DRIVE, APPROXIMATELY 1300 FEET SOUTH OF HORIZON RIDGE PARKWAY FROM RS-2-H-MP (LOW-DENSITY RESIDENTIAL WITH HILLSIDE AND MASTER PLAN OVERLAYS) TO RS-2-H-MP-PUD (LOW-DENSITY RESIDENTIAL WITH HILLSIDE, MASTER PLAN AND PLANNED UNIT DEVELOPMENT OVERLAYS), AND MATTERS PROPERLY RELATED THERETO. B-38 ACCOMPANYING BILL NO. 2810 FOR CA-26 ZCA-13-500349 OPHTHALMOLOGY OFFICE AND SURGERY CENTER APPLICANT: COMMUNITY DEVELOPMENT AND EASTERN HOLDINGS, LLC For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 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 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON HORIZON RIDGE PARKWAY AND NORTH OF SANDY RIDGE AVENUE FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL), AND MATTERS PROPERLY RELATED THERETO. City Council Regular Meeting Page 19 of 27 Tuesday, November 5, 2013 - Agenda B-39 ACCOMPANYING BILL NO. 2811 FOR CA-27 ZCA-13-500365 SANDY HEIGHTS APPLICANT: COMMUNITY DEVELOPMENT AND STORYBOOK HOMES For Possible Action. RECOMMENDATION: Refer to Committee Meeting of November 19, 2013 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 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON HORIZON RIDGE PARKWAY APPROXIMATELY 650 FEET EAST OF SANDY RIDGE AVENUE FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-8 (LOW-DENSITY RESIDENTIAL), AND MATTERS PROPERLY RELATED THERETO. X. PUBLIC COMMENT Items discussed under Public Comment cannot be acted upon at this meeting, but may be referred by Council to the next Regular Meeting for consideration. Public Comment will be limited to three (3) minutes at the discretion of the Mayor. XI. UNFINISHED BUSINESS UB-40 APPOINTMENT (COUNCILMAN JOHN MARZ) COMMEMORATIVE BEAUTIFICATION COMMISSION PARKS AND RECREATION For Possible Action. RECOMMENDATION: Appoint One appointment by Councilman John Marz to the Commemorative Beautification Commission to fill the vacancy left by Mary-Ellen McMullen with term to expire June 30, 2017. (Continued from the October 15, 2013, City Council meeting.) City Council Regular Meeting Page 20 of 27 Tuesday, November 5, 2013 - Agenda UB-41 BILL NO. 2790 ZCA-06-660020-A8 THE FALLS AT LAKE LAS VEGAS (WEST AMENDMENT) APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, CARMEL LAND AND CATTLE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTIONS 27 AND 34, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTH OF LAKE MEAD PARKWAY AND WEST OF LAKE LAS VEGAS PARKWAY, IN THE LAKE LAS VEGAS PLANNING AREA TO REZONE FROM PS-MP (PUBLIC/SEMIPUBLIC) TO RS- 6-MP (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 2.0 ACRES, FROM DH (DEVELOPMENT HOLDING) TO PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY) ON 0.4 ACRE, FROM RM-10-MP-PUD (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN AND PLANNED UNIT DEVELOPMENT OVERLAYS) TO PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY) ON 0.2 ACRE, AND FROM RS-6-MP (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) TO PS-MP (PUBLIC/SEMIPUBLIC WITH MASTER PLAN OVERLAY) ON 0.1 ACRE TO ADJUST THE ZONING DISTRICT BOUNDARIES TO MATCH EXISTING CONDITIONS, IN NUMEROUS LOCATIONS, AND MATTERS PROPERLY RELATED THERETO. UB-42 BILL NO. 2794 REPEAL HENDERSON MUNICIPAL CODE 2.27 HENDERSON EMERGENCY MEDICAL SERVICES ADVISORY BOARD CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO REPEAL CHAPTER 2.27 - HENDERSON EMERGENCY MEDICAL SERVICES ADVISORY BOARD - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. City Council Regular Meeting Page 21 of 27 Tuesday, November 5, 2013 - Agenda UB-43 BILL NO. 2795 PUBLIC IMPROVEMENT TRUST PRIVATE ACTIVITY BONDS – TOURO UNIVERSITY NEVADA EDUCATIONAL FACILITY PROJECT (REFINANCING) CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING CITY OF HENDERSON, NEVADA PUBLIC IMPROVEMENT TRUST RESOLUTION NO. 152, WHICH PROVIDES FOR THE ISSUANCE BY THE TRUST OF UP TO $40,000,000 AGGREGATE PRINCIPAL AMOUNT OF QUALIFIED PRIVATE ACTIVITY BONDS TO REFUND ALL OR A PORTION OF THE TRUST'S TAXABLE AND TAX- EXEMPT REVENUE BOND (TOURO UNIVERSITY PROJECT), SERIES 2008 AND TO FINANCE CERTAIN CAPITAL EXPENDITURES; RECEIVING AND ACCEPTING THE REPORT OF HEARING OFFICER FOR THE FEDERAL TAX HEARING CONCERNING SUCH BONDS; AND MATTERS PROPERLY RELATED THERETO. UB-44 BILL NO. 2797 AMEND HENDERSON MUNICIPAL CODE CHAPTER 5.04 LITTER CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 5.04 - LITTER - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. City Council Regular Meeting Page 22 of 27 Tuesday, November 5, 2013 - Agenda UB-45 BILL NO. 2798 AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.08 RESTRICTIONS AND CURFEW FOR MINORS CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 8.08 – RESTRICTIONS AND CURFEW FOR MINORS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. UB-46 BILL NO. 2799 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.29 AMBULANCE TRANSPORTATION FEES CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.29 – AMBULANCE TRANSPORTATION FEES - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. UB-47 BILL NO. 2800 AMEND HENDERSON MUNICIPAL CODE 5.28 TREES AND PLANTS CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 5.28 – TREES AND PLANTS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. City Council Regular Meeting Page 23 of 27 Tuesday, November 5, 2013 - Agenda UB-48 BILL NO. 2801 AMEND HENDERSON MUNICIPAL CODE CHAPTER 5.17 SOLID WASTE MANAGEMENT CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 5.17 – SOLID WASTE MANAGEMENT - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. UB-49 BILL NO. 2802 AMEND HENDERSON MUNICIPAL CODE 4.06 POLICY AND PROCEDURE SHOW CAUSE, LICENSE SUSPENSION, LIMITATION, REVOCATION CITY ATTORNEY'S OFFICE For Possible Action. RECOMMENDATION: Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 4.06 – POLICY AND PROCEDURE SHOW CAUSE, LICENSE SUSPENSION, LIMITATION, REVOCATION - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. XII. NEW BUSINESS NB-50 FINANCIAL UPDATE FINANCE DEPARTMENT For Possible Action. RECOMMENDATION: Accept Presentation and update by the Finance Department on the current financial position of the City. City Council Regular Meeting Page 24 of 27 Tuesday, November 5, 2013 - Agenda NB-51 PUBLIC OUTREACH UPDATE CITIZEN'S ADVISORY COMMITTEE - ENERGY EFFICIENCY IN THE COMMUNITY PROJECT COMMUNITY DEVELOPMENT For Possible Action. RECOMMENDATION: Accept The Citizen's Advisory Committee's informational presentation to City Council about Energy Fit Nevada potentially partnering with the City to promote energy efficiency in target communities. NB-52 CORRECTIVE ACTION AWARD OF CONTRACT MCCULLOUGH HILLS TRAIL TRAILHEAD IMPROVEMENTS PROJECT FUNDING SOURCE: SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT CMTS NO. 15615 PUBLIC WORKS DEPARTMENT For Possible Corrective Action. RECOMMENDATION: Award to Aggregate Industries SW, Inc. Award Contract No. 131-13-PR-126-001, McCullough Hills Trailhead Improvements to Aggregate Industries SW, Inc., in the amount of $500,000.00, and augment the project budget to include $20,000.00 in contingency funds, and authorize the City Manager, or his designee, to execute the contract for the City, and authorize the Director, or his designee, to execute change orders within the project budget. NB-53 EMPLOYMENT AGREEMENT CITY MANAGER FUNDING SOURCE: GENERAL DEPARTMENT OF HUMAN RESOURCES For Possible Action. RECOMMENDATION: Approve Extension, revision and renewal to the employment agreement between the City of Henderson and the City Manager, Jacob Snow, effective November 5, 2013, for a period of four years, expiring on July 31, 2017. City Council Regular Meeting Page 25 of 27 Tuesday, November 5, 2013 - Agenda NB-54 EMPLOYMENT AGREEMENT CITY CLERK FUNDING SOURCE: GENERAL DEPARTMENT OF HUMAN RESOURCES For Possible Action. RECOMMENDATION: Approve Extension, revision and renewal to the employment agreement between the City of Henderson and City Clerk, Sabrina Mercadante, effective November 5, 2013, for a period of four years, expiring on July 31, 2017. NB-55 EMPLOYMENT AGREEMENT CITY ATTORNEY FUNDING SOURCE: GENERAL DEPARTMENT OF HUMAN RESOURCES For Possible Action. RECOMMENDATION: Approve Extension, revision and renewal to the employment agreement between the City of Henderson and City Attorney, Josh Reid, effective November 5, 2013, for a period of four years, expiring on July 31, 2017. NB-56 PROJECT MODIFICATION REQUEST LOCAL IMPROVEMENT DISTRICT (LID) T-12, LAKE LAS VEGAS PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Approve Request by Lake Las Vegas Recovery Acquisition, LLC, to modify the Local Improvement District (LID) T-12 Engineer's Report, to eliminate portions of the project that are no longer necessary as part of the T-12 LID and to make changes to the project that will reflect anticipated changes to the original development plan City Council Regular Meeting Page 26 of 27 Tuesday, November 5, 2013 - Agenda NB-57 APPOINTMENTS (MAYOR HAFEN) THE BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY PARKS AND RECREATION For Possible Action. RECOMMENDATION: Appoint Two appointments by Mayor Hafen to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity, with terms to expire July 31, 2015 . NB-58 ACCOMPANYING RESOLUTION FOR CA-23 ZCO-05-670049-E3 PICERNE AT UPRR APPLICANT: COMMUNITY DEVELOPMENT AND PICERNE DEVELOPMENT CORPORATION For Possible Action. RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, FOR AN EXTENSION OF TIME TO REZONE CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 34, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE EAST SIDE OF NEVADA STATE DRIVE APPROXIMATELY 950 FEET SOUTH OF THE INTERSECTION OF CONESTOGA WAY AND NEVADA STATE DRIVE AND NORTH OF THE UNION PACIFIC RAILROAD,ON 23.3 ACRES FROM IP (INDUSTRIAL PARK) TO CM-PUD (MIXED-USE COMMERCIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) AND REPEAL RESOLUTION NO. 3925. City Council Regular Meeting Page 27 of 27 Tuesday, November 5, 2013 - Agenda NB-59 RESOLUTION LAND SALE - 31.62 ACRES LOCATED AT THE NORTHWEST CORNER OF MISSION DRIVE AND COLLEGE DRIVE PUBLIC WORKS DEPARTMENT For Possible Action. RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA, EXPRESSING INTENT TO SELL APPROXIMATELY 31.62 ACRES, MORE OR LESS, OF REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NUMBER 179-29-402-003, LOCATED IN THE SOUTH HALF (S 1/2) OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D.M., AT PUBLIC AUCTION FOR A MINIMUM PRICE OF $9,490,000. XIII. MAYOR\COUNCILMEMBER COMMENTS The Mayor and Councilmembers may speak on any subject under this section of the agenda. Mayor and Councilmembers may comment on matters including, without limitation, future agenda items, upcoming meeting dates, and meeting procedures. Comments made cannot be acted upon or discussed at this meeting, but may be placed on a future agenda for consideration by the City Council. XIV. SET MEETING XV. ADJOURNMENT Posted by 9:00 a.m., October 31, 2013, at the following locations: City Hall, 240 Water Street, 1st Floor Lobbies Multigenerational Center, 250 S. Green Valley Parkway Whitney Ranch Recreation Center, 1575 Galleria Drive Fire Station No. 86, 96 Via Antincendio