City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, December 6, 2016 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 6:01 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 Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None 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 Amber Ellis, Deputy City Clerk Mayor Hafen announced this meeting is being video recorded and streamed live to Web. III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Mr. Kendall Demavivas, Henderson Director from Club Christ Henderson Center, and was followed by the Pledge of Allegiance. Henderson City Council Regular Meeting Page 2 of 35 Tuesday, December 6, 2016 – Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as presented. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PRESENTATION IF I WERE MAYOR OF HENDERSON ESSAY CONTEST COMMUNITY DEVELOPMENT AND SERVICES, NEIGHBORHOOD SERVICES Recognition of the 2016 "If I Were Mayor of Henderson..." Essay Contest Winners. (Action) Fifth grade students Rowan Bringhurst, Ashley Grant, Bradon Greenis, Joshua Helseth, and Jaeger McBride joined the Mayor and Council at the podium to receive award plaques and to read their winning “If I Were Mayor of Henderson...” Essay Contest entries, which were selected based on originality, grammar, spelling, and understanding of local government. PR-2 COMMENDATION NEVADA CONSERVATION CORPS MAYOR AND COUNCIL SUPPORT Commendation recognizing the veterans and young people serving with the Nevada Conservation Corps at the Sloan Canyon National Conservation Area between September 2015 and December 2016. (Action) Terry Christopher, Associate Director for Southern Nevada Programs for the Great Basin Institute, joined the Mayor and Council at the podium to be presented with a commendation recognizing young people and military veterans who served with the Great Basin Institute’s Nevada Conservation Corps in 2015-2016. Henderson City Council Regular Meeting Page 3 of 35 Tuesday, December 6, 2016 – Minutes VI. CITY MANAGER'S REPORT City Manager Murnane congratulated the Community Development and Services Department for their recent accomplishments in receiving the Pinnacle Award and an Award of Excellence from the Public Relations Society of America (PRSA). City Manager Murnane shared the recent ground breaking of the first new fire station to be built in the City of Henderson in the last 15 years. Station 91 will serve the fast-growing Inspirada and Madeira Canyon areas and help to ensure we are keeping our community safe and maintaining our response times for 911 calls. City Manager Murnane also recognized Mayor Andy Hafen, Councilwoman Debra March, and Councilwoman Gerri Schroder who were joined by students from McCaw Elementary School in Henderson to help our local Blue Star Mothers and dozens of volunteers assemble more than a thousand goodie-filled holiday stockings to send to troops deployed overseas. Mayor Hafen recognized Boy Scout Troop No. 620. VII. CONSENT AGENDA CA-3 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS NOVEMBER 14, 2016 CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of November 14, 2016. (Motion) Councilwoman Debra March moved to adopt the City Council Committee and Regular Meeting minutes of November 14, 2016. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 4 of 35 Tuesday, December 6, 2016 – Minutes CA-4 GRANT AWARD STATE OF NEVADA, DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY LIMITED FIXED DELIVERABLE FY17 GRANT POLICE DEPARTMENT Grant Award from the State of Nevada, Department of Public Safety, Office of Traffic Safety, Limited Fixed Deliverable FY17 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 $244,047.00. (Motion) Councilwoman Debra March moved to accept the grant award from the State of Nevada, Department of Public Safety, Office of Traffic Safety, Limited Fixed Deliverable FY17 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 $244,047.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 GRANT AWARD STATE OF NEVADA DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT OFFICE OF HOMELAND SECURITY FEDERAL FISCAL YEAR 2014 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING SOURCE: EMERGENCY MANAGEMENT PAYROLL FIRE DEPARTMENT Grant Award from the State of Nevada Department of Public Safety (DPS), Division of Emergency Management (DEM), Office of Homeland Security (OHS), FFY14 Emergency Management Performance Grant (EMPG), for supplies and operating expenses in the amount of $12,399.29; authorize matching funds from the City in the amount of $12,399.29; authorize the Fire Chief, or his designee, to sign the award; and authorize expenditure of funds. Henderson City Council Regular Meeting Page 5 of 35 Tuesday, December 6, 2016 – Minutes (Motion) Councilwoman Debra March moved to accept the grant award from the State of Nevada Department of Public Safety (DPS), Division of Emergency Management (DEM), Office of Homeland Security (OHS), FFY14 Emergency Management Performance Grant (EMPG), for supplies and operating expenses in the amount of $12,399.29; authorize matching funds from the City in the amount of $12,399.29; authorize the Fire Chief, or his designee, to sign the award; and authorize expenditure of funds. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 GRANT AWARD STATE OF NEVADA, DEPARTMENT OF PUBLIC SAFETY, OFFICE OF CRIMINAL JUSTICE ASSISTANCE JUSTICE ASSISTANCE GRANT (JAG) - STATE 2015 FUNDING POLICE DEPARTMENT Grant Award from the State of Nevada, Department of Public Safety, Office of Criminal Justice Assistance, Justice Assistance (JAG) 2015 Grant Funding for the City of Henderson Police Department to quality control check scanned inmate and homicide files in the amount of $40,000.00. (Motion) Councilwoman Debra March moved to accept a grant award from the State of Nevada, Department of Public Safety, Office of Criminal Justice Assistance, Justice Assistance (JAG) 2015 Grant Funding for the City of Henderson Police Department to quality control check scanned inmate and homicide files in the amount of $40,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 6 of 35 Tuesday, December 6, 2016 – Minutes CA-7 AWARD REQUEST FOR PROPOSALS 118-16 BILL PRINT AND DISTRIBUTION SERVICES DIVERSIFIED DATA PROCESSING AND CONSULTING, INC., DBA DIVDAT FUNDING SOURCE: WATER AND WASTEWATER FUNDS CMTS NO. 19421 DEPARTMENT OF UTILITY SERVICES Award Request For Proposals 118-16 "Bill Print and Distribution Services" to Diversified Data Processing and Consulting, Inc., dba DIVDAT, for an estimated amount of $460,000.00, for the remainder of FY17, and an estimated amount of $700,000.00 for FY18, subject to City approval of a definitive contract; authorize staff to enter into contract negotiations with DIVDAT; and authorize the City Manager to execute the final contract and any subsequent amendments to extend the term. (Motion) Councilwoman Debra March moved to award Request For Proposals 118-16 "Bill Print and Distribution Services" to Diversified Data Processing and Consulting, Inc., dba DIVDAT, for an estimated amount of $460,000.00, for the remainder of FY17, and an estimated amount of $700,000.00 for FY18, subject to City approval of a definitive contract; authorize staff to enter into contract negotiations with DIVDAT; and authorize the City Manager to execute the final contract and any subsequent amendments to extend the term. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 AGREEMENT ALLOCATION OF CATALYST FUNDS NEVADA GOVERNOR’S OFFICE OF ECONOMIC DEVELOPMENT (GOED) FUNDING SOURCE: CATALYST FUND GRANT ECONOMIC DEVELOPMENT AND TOURISM Agreement between the City of Henderson as the Sponsoring Municipality and the State of Nevada acting by and through the Nevada Governor’s Office of Economic Development (GOED), allocating $1,125,000.00 to Barclays, LLC, from the Catalyst Fund Grant, to off-set expansion start-up and relocation costs. Henderson City Council Regular Meeting Page 7 of 35 Tuesday, December 6, 2016 – Minutes (Motion) Councilwoman Debra March moved to approve the agreement between the City of Henderson as the Sponsoring Municipality and the State of Nevada acting by and through the Nevada Governor’s Office of Economic Development (GOED), allocating $1,125,000.00 to Barclays, LLC, from the Catalyst Fund Grant, to off-set expansion start-up and relocation costs. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 CATALYST FUND AGREEMENT BARCLAYS SERVICES, LLC FUNDING SOURCE: CATALYST FUND GRANT ECONOMIC DEVELOPMENT AND TOURISM Agreement between the City of Henderson and Barclays Services, LLC, to utilize Catalyst Funds awarded by the State of Nevada Governor’s Office of Economic Development (GOED) to the City of Henderson as the Sponsoring Municipality, to off-set expansion start-up and relocation costs, in the amount of $1,125,000.00. (Motion) Councilwoman Debra March moved to approve the agreement between the City of Henderson and Barclays Services, LLC, to utilize Catalyst Funds awarded by the State of Nevada Governor’s Office of Economic Development (GOED) to the City of Henderson as the Sponsoring Municipality, to off-set expansion start-up and relocation costs, in the amount of $1,125,000.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 8 of 35 Tuesday, December 6, 2016 – Minutes CA-10 JOINT FUNDING AGREEMENT FEDERAL FISCAL YEAR 2017 LAS VEGAS WASH SURFACE WATER MONITORING PROGRAM UNITED STATES GEOLOGICAL SURVEY (USGS) FUNDING SOURCE: WASTEWATER FUNDS CMTS NO. 19424 DEPARTMENT OF UTILITY SERVICES Joint Funding Agreement between the City of Henderson and the United States Geological Survey, United States Department of the Interior, for the Federal Fiscal Year 2017 Las Vegas Wash surface-water monitoring program, in the total amount of $11,040.00. (Motion) Councilwoman Debra March moved to approve the Joint Funding Agreement between the City of Henderson and the United States Geological Survey, United States Department of the Interior, for the Federal Fiscal Year 2017 Las Vegas Wash surface-water monitoring program, in the total amount of $11,040.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 AGREEMENT RENEWAL SYSTEM INNOVATORS FUNDING SOURCE: CITYWIDE SERVICES CMTS NO. 16566 DEPARTMENT OF INFORMATION TECHNOLOGY Renewal of the hardware and software support services and maintenance agreement between the City of Henderson and System Innovators for one year, beginning January 1, 2017, and continuing through December 31, 2017, in the amount of $55,980.50. (Motion) Councilwoman Debra March moved to approve the renewal of the hardware and software support services and maintenance agreement between the City of Henderson and System Innovators for one year, beginning January 1, 2017, and continuing through December 31, 2017, in the amount of $55,980.50. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 9 of 35 Tuesday, December 6, 2016 – Minutes CA-12 AMENDMENT NO. 2 INTERLOCAL AGREEMENT AND ADDITIONAL GRANT AWARD FY14 INTERNET CRIMES AGAINST CHILDREN GRANT PROGRAM LAS VEGAS METROPOLITAN POLICE DEPARTMENT FUNDING SOURCE: GRANT FUNDS POLICE DEPARTMENT Amendment No. 2 to the Interlocal Agreement between the Las Vegas Metropolitan Police Department and the City of Henderson Police Department as a sub-recipient of the FY14 Internet Crimes Against Children grant program, to extend the grant expiration date to June 30, 2017, and accept an additional grant award in the amount of $37,605.00. (Motion) Councilwoman Debra March moved to approve Amendment No. 2 to the Interlocal Agreement between the Las Vegas Metropolitan Police Department and the City of Henderson Police Department as a sub-recipient of the FY14 Internet Crimes Against Children grant program, to extend the grant expiration date to June 30, 2017, and accept an additional grant award in the amount of $37,605.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 CHANGE ORDER NO. 2 ENERGY SAVINGS PERFORMANCE CONTRACT OUTDOOR LIGHTING FUNDING SOURCE: CAPITAL REFRESH FUND CMTS NO. 19020 PUBLIC WORKS, PARKS AND RECREATION Change Order No. 2 to Energy Savings Performance Contract for Outdoor Lighting, between the City of Henderson and McKinstry Essention, LLC, in the amount of $1,936,946.00; authorize the total project budget augmentation of $1,996,946.00; and authorize the Director, and/or his designee, to execute change orders within the approved total budget. Henderson City Council Regular Meeting Page 10 of 35 Tuesday, December 6, 2016 – Minutes (Motion) Councilwoman Debra March moved to approve Change Order No. 2 to Energy Savings Performance Contract for Outdoor Lighting, between the City of Henderson and McKinstry Essention, LLC, in the amount of $1,936,946.00; authorize the total project budget augmentation of $1,996,946.00; and authorize the Director, and/or his designee, to execute change orders within the approved total budget. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 AMENDMENT NO. 4 ENGINEERING SERVICES AGREEMENT PITTMAN NORTH DETENTION BASIN OUTFALL PROJECT HEN16A01 VTN NEVADA FUNDING SOURCE: CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT (CCRFCD) CMTS NO. 16403 PUBLIC WORKS, PARKS AND RECREATION Amendment No. 4 to the Engineering Services Agreement Contract No. 16403 between the City of Henderson and VTN Nevada, to provide additional engineering design services for the Pittman North Detention Basin and Outfall project, in the amount of $207,440.00. (Motion) Councilwoman Debra March moved to approve Amendment No. 4 to the Engineering Services Agreement Contract No. 16403 between the City of Henderson and VTN Nevada, to provide additional engineering design services for the Pittman North Detention Basin and Outfall project, in the amount of $207,440.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 11 of 35 Tuesday, December 6, 2016 – Minutes CA-15 FIFTH SUPPLEMENTAL INTERLOCAL CONTRACT EQUESTRIAN DETENTION BASIN EXPANSION, PROJECT HEN06H09 THE CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT (CCRFCD) FUNDING SOURCE: DIRECT-PAID TO COH CONSULTANTS/CONTRACTORS. CMTS NO. 13265 PUBLIC WORKS, PARKS AND RECREATION Fifth Supplemental Interlocal Contract by and between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Equestrian Detention Basin Expansion, Project HEN06H09, to extend the project completion date to December 31, 2018, to allow for the completion of the Letter of Map Revision (LOMR). (Motion) Councilwoman Debra March moved to approve the Fifth Supplemental Interlocal Contract by and between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Equestrian Detention Basin Expansion, Project HEN06H09, to extend the project completion date to December 31, 2018, to allow for the completion of the Letter of Map Revision (LOMR). The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-16 AUTO PHYSICAL DAMAGE / INLAND MARINE INSURANCE HANOVER INSURANCE GROUP FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE FINANCE DEPARTMENT Purchase of $58,623,577.00 of Auto Physical Damage / Inland Marine insurance for the City of Henderson and the City of Henderson Redevelopment Agency from Hanover Insurance Group for the policy period of November 22, 2016, through November 22, 2017, for a premium of $113,983.20. (Motion) Councilwoman Debra March moved to ratify the purchase of $58,623,577.00 of Auto Physical Damage / Inland Marine insurance for the City of Henderson and the City of Henderson Redevelopment Agency from Hanover Insurance Group for the policy period of November 22, 2016, through November 22, 2017, for a premium of $113,983.20. Henderson City Council Regular Meeting Page 12 of 35 Tuesday, December 6, 2016 – Minutes The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-17 PUBLIC ENTITY EXCESS LIABILITY INSURANCE ARGONAUT INSURANCE COMPANY/BERKLEY NATIONAL INSURANCE FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE FINANCE DEPARTMENT Purchase of $15,000,000.00 of Public Entity Excess Liability insurance for the City of Henderson and the City of Henderson Redevelopment Agency from Argonaut Insurance Company/Berkley National Insurance for the policy period of November 22, 2016, through November 22, 2017, for a premium of $300,338.00. (Motion) Councilwoman Debra March moved to ratify the purchase of $15,000,000.00 of Public Entity Excess Liability insurance for the City of Henderson and the City of Henderson Redevelopment Agency from Argonaut Insurance Company/Berkley National Insurance for the policy period of November 22, 2016, through November 22, 2017, for a premium of $300,338.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-18 PROPERTY INSURANCE RENEWAL AMERICAN HOME ASSURANCE COMPANY (AIG) FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE FINANCE DEPARTMENT Purchase of $1,046,093,377.00 of property insurance for the City of Henderson and the City of Henderson Redevelopment Agency from American Home Assurance Company (AIG) for the policy period of November 22, 2016, through November 22, 2017, for a premium of $402,300.00. (Motion) Councilwoman Debra March moved to ratify the purchase $1,046,093,377.00 of property insurance for the City of Henderson and the City of Henderson Redevelopment Agency from American Home Assurance Company (AIG) for the policy period of November 22, 2016, through November 22, 2017, for a premium of $402,300.00. Henderson City Council Regular Meeting Page 13 of 35 Tuesday, December 6, 2016 – Minutes The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 COMMUNITY PROJECTS FUND DISBURSEMENT REQUEST HENDERSON COMMUNITY FOUNDATION FUNDING SOURCE: GENERAL FUND APPLICANT: COUNCILWOMAN GERRI SCHRODER Community Projects Disbursement Request from Councilwoman Gerri Schroder to Henderson Community Foundation to help fund the critical needs organizations that are serving Henderson residents, in the amount of $2,500.00. (Motion) Councilwoman Debra March moved to approve the Community Projects Disbursement Request from Councilwoman Gerri Schroder to Henderson Community Foundation to help fund the critical needs organizations that are serving Henderson residents, in the amount of $2,500.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-20 COMMUNITY PROJECTS FUND DISBURSEMENT HEAVEN CAN WAIT ANIMAL SOCIETY FUNDING SOURCE: GENERAL FUND APPLICANT: COUNCILWOMAN DEBRA MARCH Community Projects Fund Disbursement Request from Councilwoman Debra March to Heaven Can Wait Animal Society to assist with homeless and abandoned animals in Henderson, in the amount of $500.00. (Motion) Councilwoman Debra March moved to approve the Community Projects Fund Disbursement Request from Councilwoman Debra March to Heaven Can Wait Animal Society to assist with homeless and abandoned animals in Henderson, in the amount of $500.00. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 14 of 35 Tuesday, December 6, 2016 – Minutes CA-21 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY B, CLASS I ALL AUTO PARTS APPLICANT: ALERT AUTO PARTS INC Application for the Secondhand Dealer, Category B, Class I business license for Alert Auto Parts Inc, dba All Auto Parts, 651 West Sunset Road, Henderson, Nevada 89011. (Motion) Councilwoman Debra March moved to approve the application for the Secondhand Dealer, Category B, Class I business license for Alert Auto Parts Inc, dba All Auto Parts, 651 West Sunset Road, Henderson, Nevada 89011. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-22 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER MERLE GONZALES-BLANCO APPLICANT: THE SOUL SHOP INC. Application for the psychic arts practitioner business license for Merle Gonzalez-Blanco, President of The Soul Shop Inc., doing business at The Soul Shop, 10720 South Eastern Avenue, Suite 120, Henderson, Nevada 89052. (Motion) Councilwoman Debra March moved to approve the application for the psychic arts practitioner business license for Merle Gonzalez-Blanco, President of The Soul Shop Inc., doing business at The Soul Shop, 10720 South Eastern Avenue, Suite 120, Henderson, Nevada 89052, pending verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 15 of 35 Tuesday, December 6, 2016 – Minutes CA-23 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY A, CLASS II AB JEWELERS APPLICANT: AB JEWELERS LLC Application for the Secondhand Dealer, Category A, Class II business license for AB Jewelers LLC, dba AB Jewelers, 2700 North Green Valley Parkway, Suite H4, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for the Secondhand Dealer, Category A, Class II business license for AB Jewelers LLC, dba AB Jewelers, 2700 North Green Valley Parkway, Suite H4, Henderson, Nevada 89014, pending verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-24 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE LYFE KITCHEN APPLICANT: LYFE KITCHEN WEST, LLC Application for the beer, wine, and spirit-based products on-sale business license for Lyfe Kitchen West, LLC, dba Lyfe Kitchen, 140 South Green Valley Parkway, Suite 142, Henderson, Nevada 89012. (Motion) Councilwoman Debra March moved to approve the application for the beer, wine, and spirit-based products on-sale business license for Lyfe Kitchen West, LLC, dba Lyfe Kitchen, 140 South Green Valley Parkway, Suite 142, Henderson, Nevada 89012, pending verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 16 of 35 Tuesday, December 6, 2016 – Minutes CA-25 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER CINDY CAMPBELL APPLICANT: CINDY CAMPBELL Application for the psychic arts practitioner business license for Cindy Campbell, sole proprietor, doing business at Crystal Alley Emporium, 2841 North Green Valley Parkway, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for the psychic arts practitioner business license for Cindy Campbell, sole proprietor, doing business at Crystal Alley Emporium, 2841 North Green Valley Parkway, Henderson, Nevada 89014, pending verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-26 BUSINESS LICENSE TAVERN AND RESTRICTED GAMING PKWY MARKS APPLICANT: PKWY MARKS LLC Application for the tavern and restricted gaming business licenses for PKWY Marks LLC, dba PKWY Marks, 445 Marks Street, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for the tavern and restricted gaming business license for PKWY Marks LLC, dba PKWY Marks, 445 Marks Street, Henderson, Nevada 89014, pending verification of required departmental approvals and verification of Nevada Gaming Commission approval. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 17 of 35 Tuesday, December 6, 2016 – Minutes CA-27 RIGHT-OF-WAY BEASLEY STREET ROW-149-16 PUBLIC WORKS, PARKS AND RECREATION Grant and acceptance of right-of-way ROW-149-16, for the westerly half of Beasley Street in the Southwest Quarter (SW1/4) of Section 35, Township 22 South, Range 61 East, M.D.M., generally located west of Alper Center Drive and Sunridge Heights Parkway, in the Westgate Planning Area. (Motion) Councilwoman Debra March moved to accept the grant and right-of-way ROW-149-16, for the westerly half of Beasley Street in the Southwest Quarter (SW1/4) of Section 35, Township 22 South, Range 61 East, M.D.M., generally located west of Alper Center Drive and Sunridge Heights Parkway, in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-28 RIGHT-OF-WAY C-STORE AND CAR WASH AT WIGWAM AND GIBSON ROW-150-16 THROUGH ROW-155-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-150-16 through ROW-155-16, for a municipal utility easement, four driveway dedications and additional right-of-way for Wigwam Parkway in the East Half (E1/2) of Section 15, Township 22 South, Range 62 East, M.D.M., generally located northwest of the Gibson Road and Wigwam Parkway, in the Gibson Springs Planning Area. (Motion) Councilwoman Debra March moved to accept right-of-way ROW-150-16 through ROW-155-16, for a municipal utility easement, four driveway dedications and additional right-of-way for Wigwam Parkway in the East Half (E1/2) of Section 15, Township 22 South, Range 62 East, M.D.M., generally located northwest of the Gibson Road and Wigwam Parkway, in the Gibson Springs Planning Area. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 18 of 35 Tuesday, December 6, 2016 – Minutes CA-29 RIGHT-OF-WAY PROCAPS BUILDING 3 ROW-156-16 THROUGH ROW-157-16 PUBLIC WORKS, PARKS AND RECREATION Acceptance of right-of-way ROW-156-16 through ROW-157-16, for a spandrel at the northeast corner of Warm Springs Road and Parkson Road and one driveway dedication along Eastgate Road in the Southwest Quarter (SW1/4) of Section 2, Township 22 South, Range 62 East, M.D.M., generally located northwest of the Eastgate Road and Warm Springs Road, in the Eastside Redevelopment Area and the Midway Planning Area. (Motion) Councilwoman Debra March moved to accept right-of-way ROW-156-16 through ROW-157-16, for a spandrel at the northeast corner of Warm Springs Road and Parkson Road and one driveway dedication along Eastgate Road in the Southwest Quarter (SW1/4) of Section 2, Township 22 South, Range 62 East, M.D.M., generally located northwest of the Eastgate Road and Warm Springs Road, in the Eastside Redevelopment Area and the Midway Planning Area. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-30 REVOCABLE PERMIT PRVO 2016701283 WARM SPRINGS ROAD AND COMMERCIAL WAY PUBLIC WORKS, PARKS AND RECREATION Revocable Permit (PRVO 2016701283) for landscaping and irrigation within the public right-of-way of Warm Springs Road and Commercial Way in the NW4 of Section 11, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and US 93/95/I-515, in the Midway Planning Area. (Motion) Councilwoman Debra March moved to approve Revocable Permit (PRVO 2016701283) for landscaping and irrigation within the public right-of-way of Warm Springs Road and Commercial Way in the NW4 of Section 11, Township 22 South, Range 62 East, M.D.M., generally located southeast of Gibson Road and US 93/95/I-515, in the Midway Planning Area. Henderson City Council Regular Meeting Page 19 of 35 Tuesday, December 6, 2016 – Minutes The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-31 CLOSURE PLAN NON-RESTRICTED GAMING AT 8 STRADA DI VILLAGGIO COMMUNITY DEVELOPMENT AND SERVICES Request for an extended closure plan to maintain a conditional use permit for non-restricted gaming for the Hilton Lake Las Vegas Resort & Spa at 8 Strada di Villaggio (formerly Casino MonteLago), in Lake Las Vegas, through November 30, 2018. (Motion) Councilwoman Debra March moved to approve the request for a closure plan to maintain a conditional use permit for non-restricted gaming for the Hilton Lake Las Vegas Resort & Spa at 8 Strada di Villaggio (formerly Casino MonteLago) through November 30, 2018. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VIII. PUBLIC HEARINGS PH-32 CONTINUED PUBLIC HEARING APPEAL OF DECISION (AP-5-16) MASTER SIGN PLAN MSP-16-500391 ST. ROSE SQUARE APPLICANT: ST. ROSE SQUARE, LLC APPELLANT: JOSEPH KENNEDY ON BEHALF OF ST. ROSE SQUARE, LLC Appeal of the Planning Commission's decision to deny modifications a and b for a master sign plan generally located southeast of St. Rose Parkway and Amigo Street, in the Westgate Planning Area. (Continued from the November 14, 2016, City Council Regular Meeting) Stephanie Garcia-Vause, Community Development and Services Director, presented a summary of this item. She reviewed a memorandum dated December 6, 2016, outlining a recommended added condition and revisions to modifications. Ms. Garcia-Vause noted that staff recommends approval. Henderson City Council Regular Meeting Page 20 of 35 Tuesday, December 6, 2016 – Minutes Mayor Hafen opened the public hearing, asking if there was anyone present wishing to speak for or against this item. John Marchiano, 218 Lead Street, representing the appellant, concurred with staff’s recommendation. There being no one else wishing to speak, the public hearing was closed immediately. Councilwoman March commended all parties for working together to resolve the issues. (Motion) Councilwoman Debra March moved to modify Planning Commission's decision of approval for a master sign plan by approving added Condition No. 7 and Modifications a and b per memo and modifications c and d as approved at Planning Commission, generally located southeast of St. Rose Parkway and Amigo Street, in the Westgate Planning Area as outlined in the memo. PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Applicant shall obtain and provide all necessary permissions/approvals from Nevada Department of Transportation. 3. Signs shall not be located within public rights-of-way, easements or the sight visibility restriction zones per Clark County Area Standard Drawing No. 201.2 and HMC 19.7.4.J.4(c). COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 5. Development of this project shall conform with plans and exhibits presented to the Planning Commission for approval, which shall include all exhibits presented to staff for compliance with required conditions of approval. Henderson City Council Regular Meeting Page 21 of 35 Tuesday, December 6, 2016 – Minutes 6. This sign plan must be amended to add building signage and to add any additional freestanding signs for specific tenants or businesses. Any other changes made will also require approval of an amendment. 7. Prior to submittal of applications for sign permits, the applicant must provide revisions of all applicable exhibits to fully illustrate the changes made, working with staff on final sign design(s). MODIFICATIONS a. Increase the maximum area for Sign Type A from 160 square feet to 1,400 square feet. b. Increase the maximum height for Sign Type A (main entry pylon sign) from 16 feet to 40 feet. c. Increase the maximum height of Sign Type B (service station sign) to 16 feet and increase the maximum area to 99 square feet. d. Increase the maximum number of freestanding signs to eight. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-33 CONTINUED PUBLIC HEARING APPEAL OF DECISION (AP-6-16) MASTER SIGN PLAN AMENDMENT MSP-08-590005-A2 GALLERIA COMMONS (ARBY'S) APPLICANT: PATRICK'S SIGN COMPANY APPELLANT: DARRELL SHOCK Appeal of the Planning Commission's decision to deny a master sign plan amendment to request modifications from the Development Code to add a monument sign at 590 N. Stephanie Street, in the Whitney Ranch Planning Area. (Continued from the November 14, 2016, City Council Regular Meeting) Stephanie Garcia-Vause, Community Development and Services Director, presented a summary of this item and noted the Planning Commission recommended denial. Mayor Hafen opened the public hearing at 6:27 p.m., asking if there was anyone present wishing to speak for or against. Henderson City Council Regular Meeting Page 22 of 35 Tuesday, December 6, 2016 – Minutes Darrel Shock, 5115 South Arville Street, Las Vegas, representing the appellant and applicant, was present with Bill Peters, 4530 South Sandhill Road, Las Vegas, representing Arby’s. Mr. Shock reviewed the 1995 Master Sign Plan, which allows three free-standing signs. He also noted that the current Code also allows for three signs. He believes that the Arby’s sign would be the third free-standing sign and comply. Mr. Shock showed a rendering of the proposed Arby’s eight-foot tall free-standing sign. Responding to a question as to whether the sign could be added to the shopping center sign, Mr. Shock said there is no space available, as Arby’s is not part of the Galleria Commons center. He believes the vacant space in the monument sign is for a major tenant. Further discussion ensued regarding the Master Sign Plan for the entire center and comparisons with other frontage signage in the area. It was noted that staff has a different assessment due to an amended Master Sign Plan. Councilman Marz noted that the City has allowed the applicant to double the size of the letters on the building. Mr. Shock commented on the visibility importance of the frontage signage, and said they are willing to reduce the request of the free-standing sign from eight- feet tall to six-feet tall. Councilwoman Schroder asked what is the average height of a monument sign for fast food restaurants. Ms. Garcia-Vause said about the six-foot range. She noted that their sign was already there. Ms. Garcia-Vause noted that staff can check whether there were trade-offs regarding signage among adjacent shopping centers. Mayor Hafen suggested this item be continued to allow staff to research signage issues and the Master Sign Code. He encouraged the applicant to continue working with staff to address the issues. (Motion) Mayor Andy Hafen moved to continue to the January 17, 2017, City Council Meeting. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 23 of 35 Tuesday, December 6, 2016 – Minutes PH-34 PUBLIC HEARING RECEIVE COMMENTS REGARDING THE REPEAL OF ORDINANCE NO. 2598 INSPIRADA TOWN CENTER DEVELOPMENT AGREEMENT WITH SOUTH EDGE, LLC COMMUNITY DEVELOPMENT AND SERVICES, CITY ATTORNEY'S OFFICE Public Hearing to consider public comment to repeal Ordinance No. 2598 Inspirada Town Center Development Agreement, pursuant to NRS 278.02053. Mayor Hafen opened the public hearing, asking if there was anyone present wishing to speak for or against this item. Josh Reid, City Attorney, provided a summary of this item. There being no one else wishing to speak, the public hearing was closed. (Motion) Councilwoman Debra March moved to accept the public comment to repeal Ordinance No. 2598 Inspirada Town Center Development Agreement, pursuant to NRS 278.02053. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 24 of 35 Tuesday, December 6, 2016 – Minutes PH-35 PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT A) CPA-16-500395 ZONE CHANGE B) ZCA-16-500396 CONDITIONAL USE PERMIT C) CUP-16-500398 CONDITIONAL USE PERMIT D) CUP-16-500444 DESIGN REVIEW E) DRA-16-500397 MIDJIT MARKET, INC. DBA GREEN VALLEY GROCERY APPLICANT: SIMPSON COULTER STUDIO A) Amend the Comprehensive Plan Land Use category from Business and Industry to Commercial; B) Rezone from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD (Community Commercial with Redevelopment Overlay); C) Unattended carwash; D) Commercial (retail) Fueling Center; and E) Review of site layout and architecture for an unattended car wash, commercial (retail) fueling center and convenience market; on .9 acre located at 901 West Sunset Road, in the Midway Planning and Eastside Redevelopment Areas. Mayor Hafen opened the public hearing, asking if there was anyone present wishing to speak for or against this item. Wade Simpson, 151 Warm Springs, Las Vegas, representing the applicant, concurred with staff’s recommendation. There being no one else wishing to speak, the public hearing was closed. Councilwoman Schroder commented this is the perfect location for this project. (Motion) Councilwoman Gerri Schroder moved to approve CPA-16-500395, ZCA-16-500396, CUP-16-500398, CUP-16-500444, and DRA-16-500397 for Midjit Market, Inc. dba Green Valley Grocery, subject to findings of fact and conditions. Henderson City Council Regular Meeting Page 25 of 35 Tuesday, December 6, 2016 – Minutes CPA-16-500395 FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. ZCA-16-500396 FINDINGS OF FACT A. The proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact. B. The proposed amendment is consistent with the Comprehensive Plan and the stated purposes of Section 19.1.4. C. The proposed amendment will protect the health, safety, morals or general welfare of the public. D. The City and other service providers will be able to provide sufficient public safety, transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development. E. The proposed rezoning will not have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation. F. The proposed amendment will not have significant adverse impacts on other property in the vicinity of the subject tract. G. The subject property is suitable for the proposed zoning classification, and there is a need for the proposed use at the proposed location. PUBLIC WORKS CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITION 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. CUP-16-500398 Henderson City Council Regular Meeting Page 26 of 35 Tuesday, December 6, 2016 – Minutes FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. This conditional use permit for an unattended carwash shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. CUP-16-500444 FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). Henderson City Council Regular Meeting Page 27 of 35 Tuesday, December 6, 2016 – Minutes C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. This conditional use permit for a Commercial (Retail) Fueling Center shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. DRA-16-500397 PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Applicant shall submit a drainage study (update) for Public Works, Parks and Recreation's approval. 3. Commercial driveways shall be dedicated and constructed per Clark County Area Standard Drawings No 225 & the 226 series (S1, S2 or S3). 4. Applicant shall obtain and provide all necessary permissions/approvals from Nevada Department of Transportation. Henderson City Council Regular Meeting Page 28 of 35 Tuesday, December 6, 2016 – Minutes 5. Applicant shall submit a traffic impact analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements. Applicant shall comply with conditions of the traffic study. 6. Applicant shall apply for and receive approval of a revocable permit for landscaping and irrigation within the public right-of-way. 7. Interior streets shall be privately owned and maintained. Any pavement replaced by the City during any road repairs due to maintenance shall be standard paving only. The replacement of any non-standard street or sidewalk materials such as, but not limited to, pavers and stamped concrete, will be the responsibility of those responsible for the private streets. 8. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 9. Applicant shall revise/renew/submit new Civil Improvement Plans per Public Works, Parks and Recreation's requirements. 10. Sidewalks shall be entirely within public right-of-way or entirely on private property with public access easements granted to the City. 11. Developer shall construct a right-turn lane, with a minimum 150 feet of storage length, into the project's driveways on Sunset Road. UTILITY SERVICES CONDITIONS 12. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 13. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 14. All onsite utilities shall remain privately owned and maintained. 15. Civil improvement plans shall comply with the requirements of the Uniform Design and Construction Standards for Water Distribution Systems and the Design and Construction Standards for Wastewater Collection Systems. 16. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application. BUILDING AND FIRE SAFETY CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents. Henderson City Council Regular Meeting Page 29 of 35 Tuesday, December 6, 2016 – Minutes 17. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 18. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 19. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational in accordance with the 2012 International Fire Code Section 3312 as amended. 20. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 21. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 22. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 23. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. 24. Applicant shall obtain a Fire Department permit for LPG Equipment, Fuel Storage, and Dispensing Operations prior to engaging in a hazardous activity or use. 25. Applicant shall obtain a building demo permit for demolition work. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 26. The applicant shall submit to the Community Development and Services Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 27. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 28. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 29. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. Henderson City Council Regular Meeting Page 30 of 35 Tuesday, December 6, 2016 – Minutes 30. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 31. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 32. All parking spaces required by Section 19.7.4 (and relevant subsections of 19.5) of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. 33. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 34. Applicant shall comply with all conditions of approval for CUP-16-500444. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-36 ACCOMPANYING RESOLUTION FOR PH-35 CPA-16-500395 MIDJIT MARKET, INC. DBA GREEN VALLEY GROCERY APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND SIMPSON COULTER STUDIO City Manager Murnane introduced and read Resolution No. 4238 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 0.9 ACRE, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 3, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.M., CLARK COUNTY, NEVADA, LOCATED AT 901 WEST SUNSET ROAD, IN THE MIDWAY PLANNING AND EASTSIDE REDEVELOPMENT AREAS, FROM BUSINESS AND INDUSTRY TO COMMERCIAL. Henderson City Council Regular Meeting Page 31 of 35 Tuesday, December 6, 2016 – Minutes (Motion) Councilwoman Debra March moved to adopt Resolution No. 4238. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. IX. NEW BUSINESS NB-37 BUSINESS LICENSE MASSAGE ESTABLISHMENT FEET FIRST APPLICANT: FEET FIRST GROUP L.L.C. Application for the Massage establishment business license for Feet First Group L.L.C., dba Feet First, 1300 West Sunset Road, Suite 1510, Henderson, Nevada 89014. Lana Hammond, Business License Supervisor, stated the Police Department found the applicant suitable, and staff recommends approval of the business license. Responding to a question by Mayor Hafen, Ping Sun Carvalho, 552 Eagle Vista Drive, applicant, confirmed she is willing to comply with Henderson Municipal Code Chapter 4.84. (Motion) Mayor Andy Hafen moved to approve the application for the Massage establishment business license for Feet First Group L.L.C., dba Feet First, 1300 West Sunset Road, Suite 1510, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 32 of 35 Tuesday, December 6, 2016 – Minutes NB-38 AMENDED AND RESTATED LEASE AGREEMENT 211 WATER STREET AND 219 B, C AND D WATER STREET JONE DONG LIM, AN INDIVIDUAL DOING BUSINESS AS THE LOTUS RESTAURANT PUBLIC WORKS, PARKS AND RECREATION Approval of an Amended and Restated Lease Agreement between the City of Henderson and Jone Dong Lim, an individual doing business as The Lotus Restaurant at 211 Water Street and 219 B, C and D Water Street, expiring March 1, 2018, with two, one-year renewal periods and a lease rate of $2,565.75 per month. Rob Herr, Director of Public Works, Parks and Recreation, presented a summary of this item. (Motion) Mayor Andy Hafen moved to approve the Amended and Restated Lease Agreement between the City of Henderson and Jone Dong Lim, an individual doing business as The Lotus Restaurant at 211 Water Street and 219 B, C and D Water Street, expiring March 1, 2018, with two, one-year renewal periods and a lease rate of $2,565.75 per month. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-39 CITY COUNCIL WARD IV VACANCY FUNDING SOURCE: ELECTIONS CITY CLERK'S OFFICE Select one of the following methods for filling the vacancy of City Council Ward IV: (1) direct the City Clerk to place an item on the next City Council agenda for a direct appointment to occur within 60 days after vacancy (deadline to fill vacancy by appointment is January 16, 2017); (2) direct the City Clerk to initiate the established appointment through application process, and schedule a Special City Council Meeting to interview qualified applicants, and make a selection for appointment within 60 days after vacancy (deadline to fill vacancy by application is January 16, 2017); or (3) direct the City Clerk to publish a resolution declaring an all-mail ballot special election allowing voters to elect within 90 days after vacancy (deadline to fill vacancy by special election is February 15, 2017). Henderson City Council Regular Meeting Page 33 of 35 Tuesday, December 6, 2016 – Minutes Sabrina Mercadante, City Clerk, presented a summary of this item and reported that a direct appointment would not cost any money; an appointment through the application process would cost $125.00; and an all-mail ballot would cost $441,532.22. Ms. Mercadante reviewed deadline dates for each option, and noted the Council has been provided an updated cost estimate for the all-mail ballot option. Jeff Bargerhoff, 2077 Dover Bridge Court; and Rana Goodman, 2763 Foxtail Creek, voiced their support for the option of appointment through application process. Mayor Hafen commented that he believes the all-mail ballot option is the most transparent; however, he is frustrated at the high cost estimate provided by the Clark County Election Department. He does not believe it would be fiscally prudent for the Council to select the all-mail ballot option. Councilwoman March and Councilwoman Schroder both voiced their support of the appointment through application process. Councilman Marz believes the State has put unrealistic time frames on the all-mail ballot elections. He also noted his support for the application interview process, and suggested scheduling a special meeting on January 3, 2017, earlier in the day before the regular Council meeting. A brief discussion ensued regarding possible dates to schedule a special meeting to conduct candidate interviews. It was determined that the date of a special meeting will be determined after all applications have been submitted. Ms. Mercadante reviewed the process and timelines, and noted that the application will be available on the City Clerk website and in the City Clerk’s Office. (Motion) Mayor Andy Hafen moved to approve option (2) to direct the City Clerk to initiate the established appointment through application process; and schedule a Special City Council Meeting to interview qualified applicants; and make a selection for appointment within 60 days after vacancy (deadline to fill vacancy by application is January 16, 2017). The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 34 of 35 Tuesday, December 6, 2016 – Minutes NB-40 RESOLUTION DECLARATION OF A SPECIAL ELECTION FOR CITY COUNCIL WARD IV BY ALL-MAIL BALLOT – JANUARY 26, 2017 CITY CLERK'S OFFICE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, DECLARING A SPECIAL ELECTION TO FILL A VACANCY IN CITY COUNCIL WARD IV BY ALL-MAIL BALLOT TO BE HELD IN THE CITY OF HENDERSON, COUNTY OF CLARK, STATE OF NEVADA, ON THE 26th DAY OF JANUARY, 2017. NB-40 was rendered moot. NB-41 RESOLUTION AND NOTICE OF INTENT TO SELL DIRECT LAND SALE TO GATEWAY MASTER, LLC 1.72 ACRES +/- AT THE SOUTHWEST CORNER OF BOULDER HIGHWAY AND GIBSON ROAD PUBLIC WORKS, PARKS AND RECREATION City Manager Murnane introduced and read Resolution No. 4239 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA, EXPRESSING ITS INTENT TO SELL APPROXIMATELY 1.72 ACRES, MORE OR LESS, OF REAL PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D.M., CITY OF HENDERSON, NEVADA, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF BOULDER HIGHWAY AND GIBSON ROAD, WITHOUT FIRST OFFERING THE PROPERTY TO THE PUBLIC, PURSUANT TO THE ECONOMIC DEVELOPMENT PROVISIONS OF NRS 268.063. (Motion) Councilwoman Debra March moved to adopt Resolution No. 4239. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. X. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March suggested the Council discuss updating the Sign Code at a future meeting, and to consider the development occurring in West Henderson. Henderson City Council Regular Meeting Page 35 of 35 Tuesday, December 6, 2016 – Minutes XI. SET MEETING There will be no Committee Meeting on December 13, 2016. However, please note the Redevelopment Agency Meeting will start at 5:45 p.m. and the Regular Meeting will be at 6:00 p.m. XII. PUBLIC COMMENT There were no public comments presented. XIII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 7:19 p.m. PASSED AND ADOPTED THIS 3RD DAY OF JANUARY, 2017. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk