City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, September 20, 2016 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 6:00 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, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Gerri Schroder, Councilwoman Sam Bateman, Councilman John F. Marz, Councilman Absent: Debra March, Councilwoman Officers: Robert Murnane, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Richard Derrick, Chief Financial Officer Robert Herr, Director of Public Works, Parks & Recreation Stephanie Garcia-Vause, Community Dev. and Services Director Tedie Jackson, Council and Commission Services Reporter Jonathon Nunes, Sr. Deputy City Clerk Mayor Hafen announced that this meeting is being video recorded and streamed live to the Web. III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Pastor Fred Heggestad from the First Henderson United Methodist Church, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 31 Tuesday, September 20, 2016 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilman Sam Bateman moved to accept the agenda as amended. CA-6 was withdrawn at the request of staff. CA-21 was pulled from the Consent Agenda for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PROCLAMATION FALL PREVENTION WEEK MAYOR AND COUNCIL SUPPORT, FIRE DEPARTMENT Proclamation declaring the week of September 22, 2016, through September 28, 2016, as Fall Prevention Week and to introduce the Above All, Don't Fall awareness campaign to Henderson residents. (Action) Mayor Hafen and the City Council proclaimed the week of September 22, 2016, through September 28, 2016, as Fall Prevention Week and introduced the Above All, Don't Fall awareness campaign to Henderson residents. VI. CITY MANAGER'S REPORT City Manager Murnane reported that staff has put together the annual progress report on the City’s strategic plan, outlining fiscal year 2016 activities toward advancing the City Council’s priority focus on the areas of Infrastructure, Financial Sustainability, Maturing Neighborhoods, Community Safety, Public Service Excellence and Environmental Resources. The full report can be found on the City’s website. City Manager Murnane stated that Nevada Attorney General Adam Laxalt will be meeting with the public in Henderson this Thursday, September 22nd, at 9:30 a.m. in our City Council Chambers. The Attorney General and his staff will present on topics including open government, trends in consumer fraud, domestic violence, guardianships and elder abuse, taxation and local government finance, and military legal services. Henderson City Council Regular Meeting Page 3 of 31 Tuesday, September 20, 2016 – Minutes In an effort to provide residents with true transparency on how money is being used, City Manager Murnane stated the details of the City's budget are now available online for public review. The information can be found at cityofhenderson.com. City Manager Murnane announced that the City was recognized by the U. S. Department of Transportation with a Mayors’ Challenge Pedestrian and Bicycle Award for its innovative approach to increase the safety of bicyclists and pedestrians on roadways. VII. CONSENT AGENDA CA-2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS SEPTEMBER 6, 2016 CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of September 6, 2016. (Motion) Councilwoman Gerri Schroder moved to adopt the City Council Committee and Regular Meeting minutes of September 6, 2016. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-3 CASH REQUIREMENTS REGISTER JULY 29, 2016, THROUGH AUGUST 31, 2016 FINANCE DEPARTMENT Cash requirements for the period of July 29, 2016, through August 31, 2016, in the amount of $21,475,576.52. (Motion) Councilwoman Gerri Schroder moved to approve the Cash Requirements Register for the period of July 29, 2016, through August 31, 2016, in the amount of $21,475,576.52. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 4 of 31 Tuesday, September 20, 2016 – Minutes CA-4 ANNUAL REPORT DEVELOPMENT SERVICES CENTER ENTERPRISE FUND APPLICANT: DEVELOPMENT SERVICES CENTER Annual written report that provides an update as to the status of the Development Services Fund. (Motion) Councilwoman Gerri Schroder moved to accept the annual written report that provides an update as to the status of the Development Services Fund. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 ANNUAL REPORT DEVELOPMENT SERVICES CENTER ADVISORY COMMITTEE APPLICANT: DEVELOPMENT SERVICES CENTER Development Services Center Advisory Committee Annual Report for Fiscal Year 2015-2016. (Motion) Councilwoman Gerri Schroder moved to accept the Development Services Center Advisory Committee Annual Report for Fiscal Year 2015-2016. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 GRANT AWARD STATE OF NEVADA, DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY LIMITED FIXED DELIVERABLE 2016 GRANT POLICE DEPARTMENT Accept a grant from the State of Nevada, Department of Public Safety, Office of Traffic Safety, Limited Fixed Deliverable 2016 Grant, for the City of Henderson Police Department and authorize the purchase of E-Ticket Writers, printers and accessories from Tyler Technologies in the amount of $64,079.00. (Action) The item was withdrawn at the request of staff. Henderson City Council Regular Meeting Page 5 of 31 Tuesday, September 20, 2016 – Minutes CA-7 GRANT AWARD JUSTICE ASSISTANCE GRANT (JAG) - LOCAL 2016 POLICE DEPARTMENT Accept a grant award from the Department of Justice, Office of Justice Programs, Justice Assistance Grant (JAG) Local 2016 Grant for the City of Henderson Police Department to purchase camera and video equipment and computers and monitors, in the amount of $34,400.00. (Motion) Councilwoman Gerri Schroder moved to accept a grant award from the Department of Justice, Office of Justice Programs, Justice Assistance Grant (JAG) Local 2016 Grant for the City of Henderson Police Department to purchase camera and video equipment and computers and monitors, in the amount of $34,400.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 APPROVE PROJECT BUDGET MISCELLANEOUS PROJECTS AT WILDHORSE GOLF CLUB FUNDING SOURCE: LAND FUND PUBLIC WORKS, PARKS AND RECREATION Approve the project budget for the Wildhorse Golf Club in the amount of $217,000.00 for Fiscal Year 2017, and augment the budget from the Land Fund ending fund balance. (Motion) Councilwoman Gerri Schroder moved to approve the project budget for the Wildhorse Golf Club in the amount of $217,000.00 for Fiscal Year 2017, and augment the budget from the Land Fund ending fund balance. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 6 of 31 Tuesday, September 20, 2016 – Minutes CA-9 VEHICLE REPLACEMENT PURCHASE FIRE APPARATUS HUGHES FIRE EQUIPMENT, INC. FUNDING SOURCE: VEHICLE REPLACEMENT FUND FIRE DEPARTMENT, PUBLIC WORKS, PARKS AND RECREATION Vehicle replacement purchase of one (1) Pierce Quantum 100' Platform RG480 and two (2) Pierce Quantum Pumper RG499 Fire Engines from Pierce Manufacturing Inc., through Hughes Fire Equipment, Inc., utilizing Houston-Galveston Area Council and Pierce Manufacturing Inc. Contract number FS12-15, for an estimated cost of $2,329,881.00. (Motion) Councilwoman Gerri Schroder moved to approve the vehicle replacement purchase of one (1) Pierce Quantum 100' Platform RG480 and two (2) Pierce Quantum Pumper RG499 Fire Engines from Pierce Manufacturing Inc., through Hughes Fire Equipment, Inc., utilizing Houston-Galveston Area Council and Pierce Manufacturing Inc. Contract number FS12-15, for an estimated cost of $2,329,881.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 VEHICLE PURCHASE DUMP TRUCK MCCANDLESS INTERNATIONAL TRUCKS, INC. FUNDING SOURCE: UTILITY SERVICES VEHICLE FUND DEPARTMENT OF UTILITY SERVICES, PUBLIC WORKS, PARKS AND RECREATION Purchase of one (1) 2017 International HX620 6x4 (HX62F) 10-Wheel Dump Truck from McCandless International Trucks, Inc., 3780 Losee Road, North Las Vegas, NV 89030, utilizing the State of Nevada bid #8255, for an estimated amount of $174,779.80. (Motion) Councilwoman Gerri Schroder moved to approve purchase of one (1) 2017 International HX620 6x4 (HX62F) 10-Wheel Dump Truck from McCandless International Trucks, Inc., 3780 Losee Road, North Las Vegas, NV 89030, utilizing the State of Nevada bid #8255 for an estimated amount of $174,779.80. Henderson City Council Regular Meeting Page 7 of 31 Tuesday, September 20, 2016 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 MUTUAL AID INTERLOCAL AGREEMENT PROVIDE LIMITED COMMUNICATIONS SUPPORT CLARK COUNTY HENDERSON CONSTABLE OFFICE CMTS NO. 19209 POLICE DEPARTMENT Mutual Aid Interlocal Agreement between the City of Henderson, acting by and through its Police Department, and Clark County Henderson Constable Office to provide limited communications support. (Motion) Councilwoman Gerri Schroder moved to approve the Mutual Aid Interlocal Agreement between the City of Henderson, acting by and through its Police Department, and Clark County Henderson Constable Office to provide limited communications support. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 ENGINEERING SERVICES AGREEMENT BOULDER HIGHWAY TRAIL ENHANCEMENT PROJECT STANTEC CONSULTING SERVICES INC. FUNDING SOURCE: GAS TAX CMTS NO. 19121 PUBLIC WORKS, PARKS AND RECREATION Engineering Services Agreement between the City of Henderson and Stantec Consulting, in the amount of $26,467.86, for performing engineering design service for the Boulder Highway Trail Enhancement Project. (Motion) Councilwoman Gerri Schroder moved to approve the Engineering Services Agreement between the City of Henderson and Stantec Consulting, in the amount of $26,467.86, for performing engineering design service for the Boulder Highway Trail Enhancement Project. Henderson City Council Regular Meeting Page 8 of 31 Tuesday, September 20, 2016 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 ENGINEERING SERVICES AGREEMENT SOUTH BOULDER HIGHWAY MISCELLANEOUS IMPROVEMENTS PROJECT STANTEC CONSULTING SERVICES INC. FUNDING SOURCE: GAS TAX CMTS NO. 19119 PUBLIC WORKS, PARKS AND RECREATION Engineering Services Agreement between the City of Henderson and Stantec Consulting, in the amount of $33,526.17, for performing engineering design service for the South Boulder Highway Miscellaneous Improvements Project. (Motion) Councilwoman Gerri Schroder moved to approve the Engineering Services Agreement between the City of Henderson and Stantec Consulting, in the amount of $33,526.17, for performing engineering design service for the South Boulder Highway Miscellaneous Improvements Project. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 ENGINEERING SERVICES AGREEMENT SUNRISE TRAILER ESTATES SEWER/WATER MAIN REPLACEMENT PROJECT ATKINS NORTH AMERICA, INC. FUNDING SOURCE: WATER AND SEWER FUNDS CMTS NO. 19198 DEPARTMENT OF UTILITY SERVICES Engineering Services Agreement between the City of Henderson and Atkins North America, Inc., in the amount of $285,000.00, for engineering services for the Sunrise Trailer Estates Sewer/Water Main Replacement project, and authorize the City Manager to execute the agreement for the City. Henderson City Council Regular Meeting Page 9 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the Engineering Services Agreement between the City of Henderson and Atkins North America, Inc., in the amount of $285,000.00, for engineering services for the Sunrise Trailer Estates Sewer/Water Main Replacement project, and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-15 ENGINEERING SERVICES AGREEMENT SITE 9 IMPROVEMENTS PROJECT STANLEY CONSULTANTS, INC. FUNDING SOURCE: WATER FUNDS CMTS NO. 19196 DEPARTMENT OF UTILITY SERVICES Engineering Services Agreement between the City of Henderson and Stanley Consultants, Inc., in the amount of $110,000.00, to provide engineering services for the Site 9 Improvements project, and authorize the City Manager to execute the agreement for the City. (Motion) Councilwoman Gerri Schroder moved to approve the Engineering Services Agreement between the City of Henderson and Stanley Consultants, Inc., in the amount of $110,000.00, to provide engineering services for the Site 9 Improvements project, and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 31 Tuesday, September 20, 2016 – Minutes CA-16 AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT VALLE VERDE REHABILITATION PROJECT HORROCKS ENGINEERS INC. FUNDING SOURCE: GAS TAX CMTS NO. 17479 PUBLIC WORKS, PARKS AND RECREATION Amendment No. 1 to Engineering Services Agreement Contract No. 17479 between the City of Henderson and Horrocks Engineers Inc., in the amount of $56,060.00, for the Valle Verde Rehabilitation Project; and authorize the City Manager, or his designee, to execute the amendment on behalf of the City. (Motion) Councilwoman Gerri Schroder moved to approve Amendment No. 1 to Engineering Services Agreement Contract No. 17479 between the City of Henderson and Horrocks Engineers Inc., in the amount of $56,060.00, for the Valle Verde Rehabilitation Project; and authorize the City Manager, or his designee, to execute the amendment on behalf of the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-17 FIRST SUPPLEMENTAL INTERLOCAL CONTRACT PITTMAN NORTH DETENTION BASIN AND OUTFALL, PHASE II – STARR AVENUE PROJECT HEN16E15, CONSTRUCTION FUNDING SOURCE: CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT (CCRFCD) CMTS NO. 18625 PUBLIC WORKS, PARKS AND RECREATION First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) to increase construction and construction engineering funding for Pittman North Detention Basin and Outfall Phase II – Starr Avenue, project HEN16E15, in the amount of $465,021.00. Henderson City Council Regular Meeting Page 11 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) to increase construction and construction engineering funding for Pittman North Detention Basin and Outfall Phase II – Starr Avenue, project HEN16E15, in the amount of $465,021.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 AWARD CONSTRUCTION CONTRACT PARK PLANTER REVEGETATION PROJECT FUNDING SOURCE: COH PARK DEVELOPMENT FUNDS CMTS NO. 18947 PUBLIC WORKS, PARKS AND RECREATION Award Contract No. 18947, Park Planter Revegetation Project, to Gothic Landscaping, Inc., in the amount of $90,597.65; authorize the City Manager, or his designee, to execute the contract for the City; and authorize the Director of Public Works, Parks and Recreation, or his designee, to execute change orders within the project budget of $120,000.00. (Motion) Councilwoman Gerri Schroder moved to award Contract No. 18947, Park Planter Revegetation Project, to Gothic Landscaping, Inc., in the amount of $90,597.65; authorize the City Manager, or his designee, to execute the contract for the City; and authorize the Director of Public Works, Parks and Recreation, or his designee, to execute change orders within the project budget of $120,000.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 12 of 31 Tuesday, September 20, 2016 – Minutes CA-19 AWARD OF CONSTRUCTION CONTRACT AND APPROVE PROJECT BUDGET ARROYO GRANDE BMX PAVING FUNDING SOURCE: RESIDENTIAL CONSTRUCTION TAX CMTS NO. 19127 PUBLIC WORKS, PARKS AND RECREATION Award Construction Contract No. 19127 to Las Vegas Paving Corporation of Nevada, Inc. in the amount of $79,000.00, and approve the project budget in the amount of $89,000.00; authorize the City Manager to execute the agreement for the City; and authorize the Director, and/or his designee, to execute associated contract change orders within the approved budget. (Motion) Councilwoman Gerri Schroder moved to award Construction Contract No. 19127 to Las Vegas Paving Corporation of Nevada, Inc. in the amount of $79,000.00, and approve the project budget in the amount of $89,000.00; authorize the City Manager to execute the agreement for the City; and authorize the Director, and/or his designee, to execute associated contract change orders within the approved budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-20 AWARD OF CONTRACT EFFLUENT PIPING UPGRADES WADLEY CONSTRUCTION, INC. FUNDING SOURCE: SEWER FUNDS CMTS NO. 19205 DEPARTMENT OF UTILITY SERVICES Award Contract No. 2015-78-0041, Effluent Piping Upgrade project, to Wadley Construction, Inc., in the amount of $363,509.00, approve the project budget of $365,509.00; authorize the City Manager to execute the contract for the City; and authorize the Director, and/or her designee, to execute associated change orders within the approved project budget. Henderson City Council Regular Meeting Page 13 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to award Contract No. 2015-78-0041, Effluent Piping Upgrade project, to Wadley Construction, Inc. in the amount of $363,509.00, approve the project budget of $365,509.00; authorize the City Manager to execute the contract for the City; and authorize the Director, and/or her designee, to execute associated change orders within the approved project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 REJECT ALL BIDS CENTER STREET, BURKHOLDER BOULEVARD TO LAKE MEAD PARKWAY FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC), CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT (CCRFCD), AND COH DEPARTMENT OF UTILITY SERVICES CMTS NO. 18890 PUBLIC WORKS, PARKS AND RECREATION Reject all bids for construction contract 18890, Center Street, Burkholder Boulevard to Lake Mead Parkway, and authorize staff to re-bid the project. This item was pulled for discussion. Robert Herr, Director of Public Works, Parks and Recreation, reported that the apparent low bidder, TAB Contracting, was not pre-qualified in the bond amount to bid on the project at the time of the bid. Although they have corrected that, staff rejected their bid as being non-responsive. Staff recommends the Council reject the bid protest submitted by TAB Contractors. The second and third low bidders on the project failed to complete the statutorily-required subcontractor listings. The forth low bidder amount was $800,000.00 over the available funding. Mr. Herr said staff recommends the Council rejects all bids, and authorize staff to re-bid the project. Greg Paulk, 6600 Amelia Earhart, Las Vegas, representing TAB Contractors, stated that he believes their bid met the requirements of the statute and their qualification irregularities can be waived. He noted the Public Work’s Board did raise their limit to $38 million. Councilman Marz disclosed that the company is a tenant in a building he owns a minority partnership in; however, his interest will not affect him materially in making a judgement in this matter. Henderson City Council Regular Meeting Page 14 of 31 Tuesday, September 20, 2016 – Minutes Chris McCullough, 601 Ranch Drive, Las Vegas, representing Tand Contracting, explained that they misunderstood the heading on the third page of the bid forms and did not fill it out. He noted this form is redundant, and believes that Tand Contracting should be considered the lowest, responsible qualified bidder. Brent Gunson, Assistant City Attorney III, stated staff recommends TAB Contractor’s bid be rejected as non-responsive per a requirement in NRS 338.138.2, that bidders be qualified. Staff recommends Tand Contracting’s bid be rejected as they failed to fill out the required subcontractor’s listing as required in NRS 338.141. Mr. Gunson noted that the third low bidder did not fill out the forms correctly and was deemed non-responsive, and the remaining bids were over the engineer’s estimate. A lengthy discussion ensued regarding clarification of the errors in the bids. Councilwoman Schroder commented she understands forms from other jurisdictions are different and confusing. She supports rejecting all the bids and starting over to give all bidders an even playing field. Mayor Hafen suggested staff take the lead and meet with other jurisdictions in Southern Nevada to discuss using the same bid forms. Councilman Marz expressed concern that re-bidding this project is not a fair process because all the bidders know what each other bid. (Motion) Mayor Andy Hafen moved to reject all bids for construction contract 18890; Center Street, Burkholder Boulevard to Lake Mead Parkway; deny TAB’s bid protest; and authorize staff to re-bid the project. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-22 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-18 PROJECT ADP-SM-3C CMTS NO. 12180 FINANCE DEPARTMENT Payment and acquisition costs relating to Local Improvement District (LID) T-18, Project ADP-SM-3C, in the amount of $101,952.45 to be paid from T-18 Bond Proceeds. Henderson City Council Regular Meeting Page 15 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve payment and acquisition costs relating to Local Improvement (LID) T-18, Project ADP-SM-3C, in the amount of $101,952.45 to be paid from LID T-18 Bond Proceeds. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 RIGHT-OF-WAY MACDONALD CANYONS ROW-091-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-091-16, for a municipal utility easement in the Southwest Quarter (SW 1/4) of Section 32, Township 22 South, Range 62 East, M.D.M., generally located southeast of Sunridge Heights Parkway and Canyon Heights Drive in the MacDonald Ranch Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-091-16, for a municipal utility easement in the Southwest Quarter (SW 1/4) of Section 32, Township 22 South, Range 62 East, M.D.M., generally located southeast of Sunridge Heights Parkway and Canyon Heights Drive in the MacDonald Ranch Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-24 RIGHT-OF-WAY GIBSON MULTI-FAMILY EAST APARTMENTS ROW-092-16 THROUGH ROW-094-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-092-16 through ROW-094-16, for dedication of a portion of Gibson Road and a driveway along Wigwam Parkway, two municipal utility easements, and two public drainage easements in the Southwest Quarter (SW 1/4) of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. Henderson City Council Regular Meeting Page 16 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to accept ROW-092-16 through ROW-094-16, for dedication of a portion of Gibson Road and a driveway along Wigwam Parkway, two municipal utility easements, and two public drainage easements in the Southwest Quarter (SW 1/4) of Section 14, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and Wigwam Parkway in the Gibson Springs Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-25 RIGHT-OF-WAY DAVID WOOD ELEMENTARY SCHOOL ROW-095-16 AND ROW-102-16 THROUGH ROW-106-16 PUBLIC AFFAIRS, PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-095-16 and ROW-102-16 through ROW-106-16, for an access easement, a municipal utility easement, dedication of a portion of the school/park access road and three driveways along David Wood Circle in the Northeast Quarter (NE 1/4) of Section 32, Township 21 South, Range 63 East, M.D.M., generally located west of Galleria Drive and David Wood Circle in the Tuscany Redevelopment Area and the Tuscany Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-095-16 and ROW-102-16 through ROW-106-16, for an access easement, a municipal utility easement, dedication of a portion of the school/park access road and three driveways along David Wood Circle in the Northeast Quarter (NE 1/4) of Section 32, Township 21 South, Range 63 East, M.D.M., generally located west of Galleria Drive and David Wood Circle in the Tuscany Redevelopment Area and the Tuscany Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 17 of 31 Tuesday, September 20, 2016 – Minutes CA-26 RIGHT-OF-WAY STEPHANIE WIGWAM APARTMENTS ROW-096-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-096-16, for a municipal utility easement in the Northeast Quarter (NE1/4) of Section 16, Township 22 South, Range 62 East, M.D.M., generally located northeast of Wigwam Parkway and Stephanie Street in the Cornerstone Redevelopment Area and the Gibson Springs Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-096-16, for a municipal utility easement in the Northeast Quarter (NE1/4) of Section 16, Township 22 South, Range 62 East, M.D.M., generally located northeast of Wigwam Parkway and Stephanie Street in the Cornerstone Redevelopment Area and the Gibson Springs Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-27 RIGHT-OF-WAY GREEN VALLEY NEIGHBORHOOD REHABILITATION ARROYO GRANDE BOULEVARD ROW-097-16 THROUGH ROW-100-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-097-16 through ROW-100-16, for three non-exclusive utility/use easements and dedication of a portion of Arroyo Grande Boulevard in Sections 9, 16 and 21, Township 22 South, Range 62 East, M.D.M., generally located between Warm Springs Road and Horizon Ridge Parkway in the Green Valley Ranch and Gibson Springs Planning Areas. (Motion) Councilwoman Gerri Schroder moved to accept ROW-097-16 through ROW-100-16, for three non-exclusive utility/use easements and dedication of a portion of Arroyo Grande Boulevard in Sections 9, 16 and 21, Township 22 South, Range 62 East, M.D.M., generally located between Warm Springs Road and Horizon Ridge Parkway in the Green Valley Ranch and Gibson Springs Planning Areas. Henderson City Council Regular Meeting Page 18 of 31 Tuesday, September 20, 2016 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-28 RIGHT-OF-WAY ANTHEM PARKWAY IMPROVEMENTS ROW-101-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-101-16, for the dedication of Anthem Parkway in the Southwest Quarter (SW1/4) of Section 6, Township 23 South, Range 62 East, M.D.M., generally located north of the Anthem Parkway and Anthem Club Drive intersection in the Anthem Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-101-16, for the dedication of Anthem Parkway in the Southwest Quarter (SW1/4) of Section 6, Township 23 South, Range 62 East, M.D.M., generally located north of the Anthem Parkway and Anthem Club Drive intersection in the Anthem Planning Area. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-29 RIGHT-OF-WAY JERICHO HEIGHTS ACCESS ROAD ROW-107-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-107-16, for the access road and appurtenances to Jericho Heights in the Northeast Quarter (NE 1/4) of Section 3, Township 23 South, Range 63 East, M.D.M., generally located southeast of Paradise Hills Drive and Dawson Avenue in the Mission Hills Planning Area. (Motion) Councilwoman Gerri Schroder moved to accept ROW-107-16, for the access road and appurtenances to Jericho Heights in the Northeast Quarter (NE 1/4) of Section 3, Township 23 South, Range 63 East, M.D.M., generally located southeast of Paradise Hills Drive and Dawson Avenue in the Mission Hills Planning Area. Henderson City Council Regular Meeting Page 19 of 31 Tuesday, September 20, 2016 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-30 EASEMENT OCCUPANCY PERMIT SOUTHERN NEVADA WATER AUTHORITY TUSCANY PARK FENCE – LAS VEGAS VALLEY LATERAL PUBLIC WORKS, PARKS AND RECREATION Easement Occupancy Permit (DPRS# 2015-0150) for occupancy of the Southern Nevada Water Authority’s Las Vegas Valley Lateral easement located within the Northeast Quarter (NE 1/4) of Section 32, Township 21 South, Range 63 East, M.D.M., generally located southeast of David Wood Circle and Galleria Drive; and authorize the City Manager, or his designee, to sign the permit. (Motion) Councilwoman Gerri Schroder moved to approve an Easement Occupancy Permit (DPRS# 2015-0150) for occupancy of the Southern Nevada Water Authority’s Las Vegas Valley Lateral easement located within the Northeast Quarter (NE 1/4) of Section 32, Township 21 South, Range 63 East, M.D.M., generally located southeast of David Wood Circle and Galleria Drive; and authorize the City Manager, or his designee, to sign the permit. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-31 BUSINESS LICENSE WHOLESALE / IMPORT LIQUOR ABLE BAKER BREWING COMPANY APPLICANT: ABLE BAKER BREWING COMPANY LLC Application for the Wholesale / Import liquor business license for Able Baker Brewing Company LLC, dba Able Baker Brewing Company, 155 North Gibson Road, Henderson, Nevada 89074. Henderson City Council Regular Meeting Page 20 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for the Wholesale / Import liquor business license for Able Baker Brewing Company LLC, dba Able Baker Brewing Company, 155 North Gibson Road, Henderson, Nevada 89074, pending verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-32 STATE LIQUOR LICENSE APPLICATION IMPORTER / WHOLESALER LIQUOR ABLE BAKER BREWING COMPANY LLC APPLICANT: ABLE BAKER BREWING COMPANY LLC Approve the Nevada State Liquor License Application for Able Baker Brewing Company LLC, dba Able Baker Brewing Company, 155 North Gibson Road, Henderson, Nevada 89074, and the associated attestation letter to the Nevada Department of Taxation. (Motion) Councilwoman Gerri Schroder moved to approve the Nevada State Liquor License Application for Able Baker Brewing Company LLC, dba Able Baker Brewing Company, 155 North Gibson Road, Henderson, Nevada 89074, and the associated attestation letter to the Nevada Department of Taxation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-33 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE 7-ELEVEN STORE #13700E APPLICANT: A.Z.Y. MANDER II, INC. Application for the beer, wine, and spirit-based products off-sale business license for A.Z.Y. Mander II, Inc., dba 7-Eleven Store #13700E, 302 South Water Street, Henderson Nevada 89015. Henderson City Council Regular Meeting Page 21 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for the beer, wine, and spirit-based products off-sale business license for A.Z.Y. Mander II, Inc., dba 7-Eleven Store #13700E, 302 South Water Street, Henderson Nevada 89015. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-34 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE BURGER JOINT APPLICANT: BURGER JOINT LAS VEGAS L.L.C. Application for the beer, wine, and spirit-based products on-sale business license for Burger Joint Las Vegas L.L.C., dba Burger Joint, 10890 South Eastern Avenue, Suite 180, Henderson, Nevada 89052. (Motion) Councilwoman Gerri Schroder moved to approve the application for the beer, wine, and spirit-based products on-sale business license for Burger Joint Las Vegas L.L.C., dba Burger Joint, 10890 South Eastern Avenue, Suite 180, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-35 BUSINESS LICENSE RESTAURANT WITH BAR AND RESTRICTED GAMING THE GREAT AMERICAN PUB APPLICANT: DEUX WHOPS LLC Application for the restaurant with bar and restricted gaming business licenses for Deux Whops LLC, dba The Great American Pub, 9310 South Eastern Avenue, Suite 124, Henderson, Nevada 89052. Henderson City Council Regular Meeting Page 22 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for the restaurant with bar and restricted gaming business licenses for Deux Whops LLC, dba The Great American Pub, 9310 South Eastern Avenue, Suite 124, Henderson, Nevada 89052, pending verification of required departmental and Nevada Gaming Commission approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-36 BUSINESS LICENSE RESTAURANT WITH BAR STANDARD & POUR APPLICANT: S & P ANTHEM LLC Application for the restaurant with bar business license for S & P Anthem LLC, dba Standard & Pour, 11261 South Eastern Avenue, Suite 200, Henderson, Nevada 89052. (Motion) Councilwoman Gerri Schroder moved to approve the application for the restaurant with bar business license for S & P Anthem LLC, dba Standard & Pour, 11261 South Eastern Avenue, Suite 200, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-37 BUSINESS LICENSE SECONDHAND DEALER CATEGORY B, CLASS I RAILROAD PASS SHOW CARS CORP. APPLICANT: RAILROAD PASS SHOW CARS CORP. Application for the secondhand dealer, Category B, Class I business license for Railroad Pass Show Cars Corp., 2800 South Boulder Highway, Henderson, Nevada 89002. Henderson City Council Regular Meeting Page 23 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for the secondhand dealer, Category B, Class I business license for Railroad Pass Show Cars Corp., 2800 South Boulder Highway, Henderson, Nevada 89002. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-38 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY C SMAE GAMES APPLICANT: AARON MONICA Application for the Secondhand Dealer, Category C business license for Aaron Monica, dba SMAE Games, 402 Ilmenite Way, Henderson, Nevada 89015. (Motion) Councilwoman Gerri Schroder moved to approve the application for the Secondhand Dealer, Category C business license for Aaron Monica, dba SMAE Games, 402 Ilmenite Way, Henderson, Nevada 89015. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. CA-39 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER MARIA CIFELLI APPLICANT: MARIA CIFELLI Application for the psychic arts practitioner business license for Maria Cifelli, a Sole Proprietor, doing business at Psychic Eye Book Shops, 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89052. Henderson City Council Regular Meeting Page 24 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilwoman Gerri Schroder moved to approve the application for the psychic arts practitioner business license for Maria Cifelli, a Sole Proprietor, doing business at Psychic Eye Book Shops, 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Mayor Hafen recognized a boy scout from Troop No. 903 in attendance. VIII. PUBLIC HEARINGS PH-40 PUBLIC HEARING 2015-2016 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) NEIGHBORHOOD SERVICES Public Hearing to receive comments and approve the City of Henderson’s 2015-2016 Consolidated Annual Performance and Evaluation Report (CAPER), and authorize staff to submit the report to the U.S. Department of Housing and Urban Development (HUD). Stacey Youngblood, Housing Specialist II, presented a summary of this item, and noted that no comments were received on the draft report. Mayor Hafen opened the public hearing, asking if there was anyone present wishing to speak for or against this item. There being no one else wishing to speak, the public hearing was closed immediately. (Motion) Councilwoman Gerri Schroder moved to accept comments and approve the City of Henderson’s 2015-2016 Consolidated Annual Performance and Evaluation Report (CAPER), and authorize staff to submit the report to the U.S. Department of Housing and Urban Development (HUD). The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 25 of 31 Tuesday, September 20, 2016 – Minutes IX. BILLS TO BE READ IN TITLE B-41 BILL NO. 3094 AMEND HENDERSON MUNICIPAL CODE SECTION 2.50.315 BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY CITY ATTORNEY'S OFFICE City Manager Murnane introduced and read this bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 2.50.315 – BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY - OF THE HENDERSON MUNICIPAL CODE. (Motion) Mayor Andy Hafen moved to refer Bill No. 3094 to the Committee Meeting of October 4, 2016, for review and discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. X. UNFINISHED BUSINESS UB-42 GRANT AWARD JUDICIAL COUNCIL OF THE STATE OF NEVADA ADMINISTRATIVE OFFICE OF THE COURTS VETERANS TREATMENT COURT FY17 GRANT FUNDS MUNICIPAL COURT Grant award from the Judicial Council of the State of Nevada for a Fiscal Year 2017 General Fund allocation of $50,675.00, to help support Veterans Treatment Court through Henderson Municipal Court and increase the number of participants in the program. (Continued from the September 6, 2016, City Council Regular Meeting) Bill Zihlmann, Court Administrator, presented a summary of this item. Henderson City Council Regular Meeting Page 26 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Mayor Andy Hafen moved to accept the grant award from the Judicial Council of the State of Nevada for a Fiscal Year 2017 General Fund allocation of $50,675.00, to help support Veterans Treatment Court through Henderson Municipal Court and increase the number of participants in the program. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. UB-43 BILL NO. 3091 ZCA-16-500326-A1 RESIDENCE INN - ST. ROSE AND SEVEN HILLS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND TEN SAINTS HOTEL II LLC City Manager Murnane introduced and read Ordinance 3361 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 35, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT 3225 ST. ROSE PARKWAY, IN THE WESTGATE PLANNING AREA, AMENDING A ZONE CHANGE/MASTER PLAN TO ALLOW A RESIDENTIAL HOTEL AS A PERMITTED USE IN THE HORIZON WEST MASTER PLAN. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 3091 as Ordinance No. 3361. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 27 of 31 Tuesday, September 20, 2016 – Minutes UB-44 BILL NO. 3092 ZCO-03-670018-A8 RESIDENCE INN - ST. ROSE AND SEVEN HILLS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND TEN SAINTS HOTEL II LLC City Manager Murnane introduced and read Ordinance 3362 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 35, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT 3225 ST. ROSE PARKWAY, IN THE WESTGATE PLANNING AREA, AMENDING A ZONE CHANGE/PLANNED UNIT DEVELOPMENT TO REVISE THE SITE PLAN AND ARCHITECTURE FOR A RESIDENTIAL HOTEL. (Motion) Councilman Sam Bateman moved to adopt Bill No. 3092 as Ordinance No. 3362. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. UB-45 BILL NO. 3093 ZCA-15-500336-A2 BOULDER HIGHWAY AND GALLERIA DEVELOPMENT (GATEWAY) APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND INSIGHT INVESTMENT PARTNERS City Manager Murnane introduced and read Ordinance 3363 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 35, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHWEST CORNER OF BOULDER HIGHWAY AND GIBSON ROAD, IN THE EASTSIDE REDEVELOPMENT AND MIDWAY PLANNING AREA, AMENDING A ZONE CHANGE/PLANNED UNIT DEVELOPMENT TO REVISE THE GATEWAY DEVELOPMENT STANDARDS TO REDUCE LANDSCAPING REQUIREMENTS, REQUEST A WAIVER TO REDUCE THE SIDEWALK WIDTH ALONG BOULDER HIGHWAY, AND A Henderson City Council Regular Meeting Page 28 of 31 Tuesday, September 20, 2016 – Minutes REQUEST TO AMEND A CONDITION OF APPROVAL TO REDUCE THE TRAIL CORRIDOR WIDTH ALONG BOULDER HIGHWAY AND GALLERIA ON 29.5 ACRES. (Motion) Councilman Sam Bateman moved to adopt Bill No. 3093 as Ordinance No. 3363. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. XI. NEW BUSINESS NB-46 AGREEMENT EXCLUSIVE NEGOTIATION AGREEMENT MARNELL PROPERTIES, LLC FUNDING SOURCE: LAND FUND CITY MANAGER'S OFFICE Exclusive Negotiation Agreement between the City of Henderson and Marnell Properties, LLC pursuant to RFQ 110-16 through which Marnell Properties, LLC will conduct due diligence, feasibility and master planning services for which the City of Henderson will reimburse Marnell Properties, LLC up to an amount not to exceed $481,500.00, and Marnell Properties, LLC will have the exclusive right to negotiate for a period of 270 days a lease or a joint development agreement with the City of Henderson relating to the development of a business park on City of Henderson property APN# 191-03-310-015, which comprises approximately 55.56 acres, generally located south of the intersection of St. Rose Parkway and Executive Airport Drive. Josh Reid, City Attorney, presented a summary of this item, and reported that the applicant will prepare several studies and a master plan during the next 270 days. Staff will also be negotiating with Marnell Properties, LLC to draft a definitive agreement. Councilman Marz disclosed a conflict that he has a five-percent ownership in Touch Square Marketing, which is an advertising firm. His son-in-law also has a small ownership in this company. An affiliate of Marnell Properties, LLC hired Touch Square to do digital advertising work. The advertising work being done for the Marnell affiliate is unrelated to this agenda item, and this business relationship with Marnell does not materially affect his independence of judgement on this matter. Henderson City Council Regular Meeting Page 29 of 31 Tuesday, September 20, 2016 – Minutes (Motion) Councilman Sam Bateman moved to approve the Exclusive Negotiation Agreement between Marnell Properties, LLC and the City of Henderson. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. NB-47 APPOINTMENT (COUNCILMAN JOHN F. MARZ) PUBLIC IMPROVEMENT TRUST CITY CLERK'S OFFICE Appointment by Councilman John F. Marz of Derek Muaina to the Public Improvement Trust, with term to expire June 30, 2020. (Motion) Councilman John F. Marz moved to appoint Derek Muaina to the Public Improvement Trust, with term to expire June 30, 2020. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. NB-48 APPOINTMENT (MAYOR ANDY HAFEN) SENIOR CITIZENS ADVISORY COMMISSION CITY CLERK'S OFFICE One appointment by Mayor Andy Hafen to the Senior Citizens Advisory Commission, with term to expire June 30, 2017. (Motion) Mayor Andy Hafen moved to appoint Richard Berman, Ph.D. to the Senior Citizens Advisory Commission, with term to expire June 30, 2017. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 30 of 31 Tuesday, September 20, 2016 – Minutes NB-49 APPOINTMENT (MAYOR ANDY HAFEN) COMMEMORATIVE BEAUTIFICATION COMMISSION CITY CLERK'S OFFICE One appointment by Mayor Andy Hafen to the Commemorative Beautification Commission, with term to expire June 30, 2017. (Motion) Mayor Andy Hafen moved to appoint Gina Denney to the Commemorative Beautification Commission, with term to expire June 30, 2017. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, John F. Marz, and Gerri Schroder. Those voting abstaining: None. Those absent: Debra March. Those abstaining: None. Mayor Hafen declared the motion carried. XII. MAYOR\COUNCILMEMBER COMMENTS Councilwoman Schroder reported that several issues were discussed at the National League of Cities Community and Economic Steering Committee regarding challenges with access to capital for small business, CDBG funds, Shock Clock issue, federal liaison, workforce housing, small community banks, felony box, and payday lending regulations. Councilwoman Schroder commented that Councilmember Rick Callahan, representing Dallas,Texas, expressed his appreciation to the City of Henderson for our support regarding a recent shooting in Dallas, Texas. XIII. SET MEETING The Committee Meeting for October 4, 2016, was set for 5:45 p.m. XIV. PUBLIC COMMENT Jodi Tyson, 1120 Casady Hollow Avenue, referred to CA-21 and suggested staff implement a bidder’s conference to provide an opportunity for staff to review the bid forms and answer questions from potential bidders in an effort to alleviate confusion and reduce errors. Mayor Hafen commented that there have also been discussions regarding bid forms being filled out online, and not being able to move forward through the bid packet until each form is filled out correctly. Henderson City Council Regular Meeting Page 31 of 31 Tuesday, September 20, 2016 – Minutes XV. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 7:11 p.m. PASSED AND ADOPTED THIS 4th DAY OF OCTOBER, 2016. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk