Full Agenda With Minutes

CITY OF HENDERSON
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday December 7, 2010

I.	CALL TO ORDER
	Mayor Hafen called the Regular Meeting to order at 8:00 p.m., in the Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015.

II.	CONFIRMATION OF POSTING AND ROLL CALL
	The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon and on the Master Agenda mailing list. Present: Mayor Andy Hafen Councilmembers: Kathleen Boutin Steve Kirk Debra March Gerri Schroder Absent: None Officers: Mark Calhoun, City Manager Elizabeth Macias Quillin, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development Richard Derrick, Finance Director Tedie Jackson, Minutes Clerk Jonathon Nunes, Deputy City Clerk

III.	INVOCATION AND PLEDGE OF ALLEGIANCE
	The Invocation was given by Pastor Larry Palmer, Calvary Chapel of Henderson, and followed by the Pledge of Allegiance.

IV.	ACCEPTANCE OF AGENDA
	(Motion) Councilwoman Schroder moved to accepted the Agenda as amended: Consent Agenda: CA-012 was withdrawn at the reqeust of staff Unfinished Business: UB-042 and UB-047 are moot due to the associated Committee items being continued to Janaury 4, 2011, during the Committee meeting. These items will need to be reintroduced at the January 4, 2011, meeting for hearing on January 18, 2011. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

V.	PRESENTATIONS

PR-001	PRESENTATION "IF I WERE THE MAYOR OF HENDERSON" ESSAY CONTEST NEIGHBORHOOD SERVICES
	Presentation of engraved plaques, $100.00 savings bonds, and $10.00 Target gift cards, to the five winning contestants in the "If I Were the Mayor of Henderson" essay contest: Kelsey Antolick, Glen C. Taylor Elementary; Sydney Babakitis, Vanderburg Elementary; Nika Johnson, Lake Mead Christian Academy; Kianni Kennedy, Robert Taylor Elementary; and Luke Ovens, Vanderburg Elementary. (Action) City Manager Mark Calhoun introduced the five winning contestants in the "If I Were the Mayor of Henderson" essay contest: Kelsey Antolick, Glen C. Taylor Elementary; Sydney Babakitis, Vanderburg Elementary; Nika Johnson, Lake Mead Christian Academy; Kianni Kennedy, Robert Taylor Elementary; and Luke Ovens, Vanderburg Elementary, who were each presented with engraved plaques, a $100.00 savings bond, and a $10.00 Target gift card, by the Mayor and City Council.

PR-002	PRESENTATION SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY (SNRHA) NEIGHBORHOOD SERVICES
	Presentation by SNRHA Executive Director, John N. Hill, regarding changes authorized by the State Legislature during the 2009 session through Assembly Bill 478. Note: This presentation was not heard as Mr. Hill was unable to attend this meeting.

PR-003

COMMENDATION
NATIONAL ASSOCIATION OF SOCIAL WORKERS - NEVADA CHAPTER

OFFICE OF THE MAYOR AND CITY COUNCIL

Commendation recognizing the National Association of Social Workers - Nevada Chapter, for contributing to the health and well-being of those who live, learn, work, and play in the City of Henderson.

(Action)
City Manager Mark Calhoun read the commendation recognizing the National Association of Social Workers - Nevada Chapter, for contributing to the health and well-being of those who live, learn, work, and play in the City of Henderson, which was presented to Mrk Nichols by the Mayor and City Council.

PR-004	PRESENTATION AMWA 2010 PLATINUM AWARD DEPARTMENT OF UTILITY SERVICES
	Presentation of the Association of Metropolitan Water Agencies (AMWA) 2010 Platinum Award for Utility Excellence. (Action) Dennis Porter, Director of Utility Services, accepted the 2010 Platinum Award for Utility Excellence from the Association of Metropolitan Water Agencies.

VI.	CONSENT AGENDA

CA-005	MINUTES CITY COUNCIL SPECIAL MEETING OCTOBER 13, 2010 OFFICE OF THE CITY CLERK
	Minutes for the October 13, 2010, City Council Special Meeting. (Motion) Councilwoman Boutin moved to concur in the recommendation of staff and approve the minutes for the October 13, 2010, City Council Special Meeting. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-006

MINUTES
CITY COUNCIL COMMITTEE AND REGULAR MEETINGS
NOVEMBER 16, 2010

OFFICE OF THE CITY CLERK

Minutes for the November 16, 2010, City Council Committee and Regular Meetings.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the minutes for the November 16, 2010, City Council Committee and Regular Meetings. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-007

AGREEMENT
SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA)
MASTER PLAN PROGRAM IMPLEMENTATION

DEPARTMENT OF UTILITY SERVICES

Agreement between the City of Henderson and CH2M Hill for SCADA Master Plan Program Implementation Project in the amount of $9,970,000.00, authorize the City Manager to execute the agreement for the City, and approve the associated construction and contingency budget of $5,130,000.00.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the agreement between the City of Henderson and CH2M Hill for SCADA Master Plan Program Implementation Project in the amount of $9,970,000.00, authorize the City Manager to execute the agreement for the City, and approve the associated construction and contingency budget of $5,130,000.00. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-008

AGREEMENT
CITY REPRESENTATION IN WASHINGTON, D.C.

OFFICE OF THE CITY MANAGER /
INTERGOVERNMENTAL RELATIONS

Agreement between the City of Henderson and CapitalEdge Strategies, LLC, for representation of City interests in Washington, D.C., in the amount of $80,000.00 and an amount not to exceed $4,000.00 in expenses for the period of January 1, 2011 through December 31, 2011.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the agreement between the City of Henderson and CapitalEdge Strategies, LLC, for representation of City interests in Washington, D.C., in the amount of $80,000.00 and an amount not to exceed $4,000.00 in expenses for the period of January 1, 2011 through December 31, 2011. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-009

FIRST AMENDMENT
PROFESSIONAL SERVICES AND SOFTWARE PRODUCTS AGREEMENT

DEPARTMENT OF INFORMATION TECHNOLOGY

First amendment to the Professional Services and Software Products Agreement between the City of Henderson and Comcate, Inc., to integrate the City's enterprise application with the Maximo application, in an amount not to exceed $20,000.00.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the First Amendment to the Professional Services and Software Products Agreement between the City of Henderson and Comcate, Inc., to integrate the City's enterprise application with the Maximo application, in an amount not to exceed $20,000.00. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-010

AMENDED LAND SALE AND PURCHASE AGREEMENT AND
DEED OF TRUST
COMMUNITY BAPTIST CHURCH

OFFICE OF THE CITY MANAGER /
ECONOMIC DEVELOPMENT / REDEVELOPMENT

Amended Land Sale and Purchase Agreement and Deed of Trust between the City of Henderson and Community Baptist Church for APNs 179-08-301-009 and 179-08-301-011 consisting of approximately 8.145 acres generally located on the north side of Lake Mead Parkway midway between Burkholder Boulevard and East Warm Springs Road.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the amended Land Sale and Purchase Agreement and Deed of Trust between the City of Henderson and Community Baptist Church for APNs 179-08-301-009 and 179-08-301-011 consisting of approximately 8.145 acres generally located on the north side of Lake Mead Parkway midway between Burkholder Boulevard and East Warm Springs Road. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-011

AWARD RFP NO. 105-10-11
PUBLIC DEFENDER SERVICES

HENDERSON MUNICIPAL COURT

Award RFP No. 105-10-11, Public Defender Services, to Ann Purser, Esq., in an amount not to exceed $253,110.00 annually, for the period January 1, 2011 through December 31, 2013, authorize staff to negotiate the final terms and conditions, and designate the City Manager to execute the contract and any renewals.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and award RFP No. 105-10-11, Public Defender Services, to Ann Purser, Esq., in an amount not to exceed $253,110.00 annually, for the period January 1, 2011 through December 31, 2013, authorize staff to negotiate the final terms and conditions, and designate the City Manager to execute the contract and any renewals. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-012	AWARD RFP NO. 109-09-10 AUTOMATED LICENSE PLATE RECOGNITION SYSTEM POLICE DEPARTMENT
	Award RFP No. 109-09-10, Automated License Plate Recognition System, to PIPS Technology and authorize staff to enter into negotiations; authorize the City Manager to execute the contract; and authorize Purchasing to exercise any amendments and renewal options, in an amount not to exceed $160,000.00. (Action) This item was withdrawn at the request of staff.

CA-013

AWARD RFP NO. 118-09-10
AGENDA MANAGEMENT SYSTEM

OFFICE OF THE CITY CLERK /
DEPARTMENT OF INFORMATION TECHNOLOGY

Award RFP No. 118-09-10, Agenda Management System, to SIRE Technologies, and authorize staff to negotiate the final terms and conditions, and the City Manager to execute the contract, in an amount not to exceed $250,000.00.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and award RFP No. 118-09-10, Agenda Management System, to SIRE Technologies, and authorize staff to negotiate the final terms and conditions, and the City Manager to execute the contract, in an amount not to exceed $250,000.00. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-014

THIRD SUPPLEMENTAL INTERLOCAL CONTRACT
NORTHEAST DETENTION BASIN, LEVEE AND OUTFALL - PROJECT HEN19C07

PUBLIC WORKS DEPARTMENT

Third Supplemental Interlocal Contract for Project HEN19C07, Northeast Detention Basin, Levee and Outfall, between the City of Henderson and the Clark County Regional Flood Control District, to extend the project completion date to allow for receipt of the Letter of Map Revision and completion of paperwork processing prior to close-out.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the Third Supplemental Interlocal Contract for Project HEN19C07, Northeast Detention Basin, Levee and Outfall, between the City of Henderson and the Clark County Regional Flood Control District, to extend the project completion date to allow for receipt of the Letter of Map Revision and completion of paperwork processing prior to close-out. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-015

FIFTH SUPPLEMENTAL INTERLOCAL CONTRACT
C-1 EQUESTRIAN TRIBUTARY - PROJECT HEN06F08

PUBLIC WORKS DEPARTMENT

Fifth Supplemental Interlocal Contract for Project HEN06F08, C-1 Equestrian Tributary, between the City of Henderson and the Clark County Regional Flood Control District, to extend the completion date of the project to December 31, 2011, to allow for completion of construction and paperwork processing prior to project close-out.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the Fifth Supplemental Interlocal Contract for Project HEN06F08, C-1 Equestrian Tributary, between the City of Henderson and the Clark County Regional Flood Control District, to extend the completion date of the project to December 31, 2011, to allow for completion of construction and paperwork processing prior to project close-out. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-016

SIXTH SUPPLEMENTAL INTERLOCAL CONTRACT
PITTMAN NORTH DETENTION BASIN AND OUTFALL - PROJECT HEN16A01

PUBLIC WORKS DEPARTMENT

Sixth Supplemental Interlocal Contract for Project HEN16A01, Pittman North Detention Basin and Outfall, between the City of Henderson and the Clark County Regional Flood Control District, to extend the completion date for the project to allow for continued monitoring of ongoing mining activities and to explore options to finalize project design.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the Sixth Supplemental Interlocal Contract for Project HEN16A01, Pittman North Detention Basin and Outfall, between the City of Henderson and the Clark County Regional Flood Control District, to extend the completion date for the project to allow for continued monitoring of ongoing mining activities and to explore options to finalize project design. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-017

CHANGE ORDER NOS. 1, 2 AND 3
CONTRACT NUMBER 131-10-S-209-001
WRF ADMINISTRATION & FIELD SERVICES BUILDING REMODEL

PUBLIC WORKS DEPARTMENT

Request by the Public Works Department to ratify Change Order Nos. 1, 2, and 3 to Contract Number 131-10-S-209-001, WRF Administration & Field Services Building, for various minor modifications and revisions, in the amount of $13,459.20.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve ratification of Change Order Nos. 1, 2, and 3 to Contract Number 131-10-S-209-001, WRF Administration & Field Services Building, for various minor modifications and revisions, in the amount of $13,459.20. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-018

CHANGE ORDER NO. 4
CONTRACT NO. 131-10-S-209-001
WRF ADMINISTRATION & FIELD SERVICES BUILDING REMODEL

PUBLIC WORKS DEPARTMENT

Request by the Public Works Department to ratify Change Order No. 4 to Contract No. 131-10-S-209-001, to upgrade the uninterrupted power supply system for the WRF Plant to ensure its reliability in the case of an emergency, in the amount of $35,885.75.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve ratification of Change Order No. 4 to Contract No. 131-10-S-209-001, to upgrade the uninterrupted power supply system for the WRF Plant to ensure its reliability in the case of an emergency, in the amount of $35,885.75. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-019

CHANGE ORDER NO. 5
CONTRACT NO. 2005-86-0068
SOUTHWEST WATER RECLAMATION FACILITY, PHASE 1

DEPARTMENT OF UTILITY SERVICES

Change Order No. 5 to Contract No. 2005-86-0068, Southwest Water Reclamation Facility, Phase 1, for various construction/design modifications, in the amount of $267,535.30.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve Change Order No. 5 to Contract No. 2005-86-0068, Southwest Water Reclamation Facility, Phase 1, for various construction/design modifications, in the amount of $267,535.30. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-020

JOB DESCRIPTIONS AND WAGE ASSIGNMENTS
UTILITIES BUSINESS ANALYST II, UTILITIES BUSINESS ANALYST III, SENIOR UTILITIES BUSINESS ANALYST, SCADA SYSTEM SPECIALIST, AND UTILITY MAINTENANCE MANAGER

DEPARTMENT OF HUMAN RESOURCES

Job descriptions for Utilities Business Analyst II and wage assignment to Technical 600, $27.466 to $43.267/hour; Utilities Business Analyst III and wage assignment to Professional 100, $57,855.501 to $91,136.586/year; Senior Utilities Business Analyst and wage assignment to Professional 200, $61,674.221 to $97,152.016/year; SCADA System Specialist and wage assignment to Professional 400, $70,084.050 to $110,399.563/year; and Utility Maintenance Manager and wage assignment to Professional 400, $70,084.050 to $110,399.563/year.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve job descriptions for Utilities Business Analyst II and wage assignment to Technical 600, $27.466 to $43.267/hour; Utilities Business Analyst III and wage assignment to Professional 100, $57,855.501 to $91,136.586/year; Senior Utilities Business Analyst and wage assignment to Professional 200, $61,674.221 to $97,152.016/year; SCADA System Specialist and wage assignment to Professional 400, $70,084.050 to $110,399.563/year; and Utility Maintenance Manager and wage assignment to Professional 400, $70,084.050 to $110,399.563/year. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-021

AMEND STAFF COMPLEMENT
UTILITIES BUSINESS ANALYST II, UTILITIES BUSINESS ANALYST III, SENIOR UTILITIES BUSINESS ANALYST, SCADA SYSTEM SPECIALIST

DEPARTMENT OF HUMAN RESOURCES

Request by the Department of Human Resources to amend the staff complement of the Department of Utility Services by adding four (4) Utilities Business Analyst Iis, one (1) Utilities Business Analyst III, four (4) Senior Business Analysts, and one (1) SCADA System Specialist; and deleting three (3) Technical Analyst Iis, one (1) Technical Analyst III, four (4) Senior Technical Analysts, one (1) Conservation Programs Analyst, and one (1) Utility Services Compliance Supervisor.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the rRequest by the Department of Human Resources to amend the staff complement of the Department of Utility Services by adding four (4) Utilities Business Analyst IIs, one (1) Utilities Business Analyst III, four (4) Senior Business Analysts, and one (1) SCADA System Specialist; and deleting three (3) Technical Analyst Iis, one (1) Technical Analyst III, four (4) Senior Technical Analysts, one (1) Conservation Programs Analyst, and one (1) Utility Services Compliance Supervisor. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-022

EQUIPMENT PURCHASE
AMMUNITION

POLICE DEPARTMENT

Purchase of ammunition on an as-needed basis for Fiscal Year 2011 from Salt Lake Wholesale Sports, in an amount not to exceed $100,000.00, and Dooley Enterprises, in an amount not to exceed $50,000.00; utilizing State of Nevada Bid No. 7656, under NRS 332.195, Joinder or Mutual Use of Contracts by Governmental Entities.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the purchase of ammunition on an as-needed basis for Fiscal Year 2011 from Salt Lake Wholesale Sports, in an amount not to exceed $100,000.00, and Dooley Enterprises, in an amount not to exceed $50,000.00; utilizing State of Nevada Bid No. 7656, under NRS 332.195, Joinder or Mutual Use of Contracts by Governmental Entities. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-023

INSURANCE
EXCESS LIABILITY

DEPARTMENT OF HUMAN RESOURCES

Purchase of excess public entity liability insurance from Everest National Insurance Company for the period of November 22, 2010, to November 22, 2011, in the amount of $243,575.00.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the purchase of excess public entity liability insurance from Everest National Insurance Company in the amount of $243,575.00, for the period of November 22, 2010, to November 22, 2011. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-024

INSURANCE
PROPERTY AND EMERGENCY EQUIPMENT

DEPARTMENT OF HUMAN RESOURCES

Purchase of property insurance from Travelers Insurance Company in the amount of $402,617.00 and emergency equipment insurance from Allianz Global in the amount of $48,882.00, for the period of November 22, 2010, to November 22, 2011.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the purchase of property insurance from Travelers Insurance Company in the amount of $402,617.00 and emergency equipment insurance from Allianz Global in the amount of $48,882.00, for the period of November 22, 2010, to November 22, 2011. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-025

ADDITIONAL DEPOSIT
LAWSUIT FILED BY DAMIGO LLC

OFFICE OF THE CITY ATTORNEY

Additional deposit of $251,500.00 with the Eighth Judicial District Court in accordance with the appraised valuation change pursuant to NRS 37.100 as a result of the lawsuit filed by Damigo LLC regarding the acquisition of property used for the West Henderson 2630 Zone Transmission Main Water Line Project.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the additional deposit of $251,500.00 with the Eighth Judicial District Court in accordance with the appraised valuation change pursuant to NRS 37.100 as a result of the lawsuit filed by Damigo LLC regarding the acquisition of property used for the West Henderson 2630 Zone Transmission Main Water Line Project. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-026

ADDITIONAL DEPOSIT
LAWSUIT FILED BY SPS INVESTMENTS

OFFICE OF THE CITY ATTORNEY

Additional deposit of $103,400.00 with the District Court in accordance with the appraised valuation change pursuant to NRS 37.100 as a result of the lawsuit filed by SPS Investments regarding the acquisition of property used for the
St. Rose Improvement Project, Phase 2.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the additional deposit of $103,400.00 with the District Court in accordance with the appraised valuation change pursuant to NRS 37.100 as a result of the lawsuit filed by SPS Investments regarding the acquisition of property used for the St. Rose Improvement Project, Phase 2. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-027

PAYMENT OF ACQUISITION COSTS
LOCAL IMPROVEMENT DISTRICT (LID) T-16, PROJECT S-6

FINANCE DEPARTMENT

Payment of acquisition costs for LID T-16, Project S-6, for sewer improvements within a 1,540-foot segment of Lake Las Vegas Parkway from Strata Cassano to Lake Mead Parkway, in the amount of $152,781.00.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the payment of acquisition of Project S-6, for sewer improvements within a 1,540-foot segment of Lake Las Vegas Parkway from Strata Cassano to Lake Mead Parkway, in the amount of $152,781.00, to be paid from LID T-16 bond proceeds upon full compliance with the provisions of the Acquisition Agreement dated April 12, 2005. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-028

REVISED GRANT
WEATHERIZATION ASSISTANCE PROGRAM

NEIGHBORHOOD SERVICES

Revised grant from the Nevada Housing Division, Weatherization Assistance Program, in the amount of $68,594.00, and authorize the Acting Manager of Neighborhood Services to sign on behalf of the City.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the revised grant from the Nevada Housing Division, Weatherization Assistance Program, in the amount of $68,594.00, and authorize the Acting Manager of Neighborhood Services to sign on behalf of the City. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-029

GRANT
AGING SERVICES

PARKS AND RECREATION DEPARTMENT

Request by the Parks and Recreation Department to ratify acceptance of a grant from the State of Nevada, Aging and Disabilities Services Division, to provide congregate meals, in the amount of $121,865.00, and homebound meals, in the amount of $201,372.00, for the period of October 1, 2010, through September 30, 2011.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the ratification of a grant from the State of Nevada, Aging and Disabilities Services Division, to provide congregate meals, in the amount of $121,865.00, and homebound meals, in the amount of $201,372.00, for the period of October 1, 2010, through September 30, 2011. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-030

ANNUAL RENEWAL FEES
SOFTWARE LICENSING, HARDWARE MAINTENANCE, AND SUPPORT SERVICES

DEPARTMENT OF INFORMATION TECHNOLOGY

Annual renewal fees for software licensing, hardware maintenance, and support services under Master Price Agreement B21746 with Hewlett Packard, for the period November 1, 2010, through October 31, 2011, under NRS 332.115, Contracts Not Adapted to Award by Competitive Bidding, in the amount of $80,770.78.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the annual renewal fees for software licensing, hardware maintenance, and support services under Master Price Agreement B21746 with Hewlett Packard, for the period November 1, 2010, through October 31, 2011, under NRS 332.115, Contracts Not Adapted to Award by Competitive Bidding, in the amount of $80,770.78. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-031

ABATEMENT REPORT
214 NAVAJO DRIVE

OFFICE OF THE CITY CLERK /
BUILDING AND FIRE SAFETY

Abatement Report Form for 214 Navajo Drive, assess the property in the amount of $2,690.00 for removal of trash, debris, and vehicles, and record on assessment role.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the Abatement Report Form for 214 Navajo Drive, assess the property in the amount of $2,690.00 for removal of trash, debris, and vehicles, and record on the assessment role. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-032

LEASE TERMINATION
FOUNDATION FOR POSITIVELY KIDS

PUBLIC WORKS DEPARTMENT

Termination of the lease of approximately 3.0 acres of real property located at the southeast corner of Paradise Hills Drive and High Tech Circle with the Foundation for Positively Kids and return of deposit with accrued interest.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the termination of the lease of approximately 3.0 acres of real property located at the southeast corner of Paradise Hills Drive and High Tech Circle with the Foundation for Positively Kids and return of deposit with accrued interest. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-033

APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL
LOCAL IMPROVEMENT DISTRICT (LID) T-4(C), AMENDMENT NO. 99

PUBLIC WORKS DEPARTMENT

Apportionment Report and Final Assessment Roll, Amendment No. 99,
LID T-4(C), Green Valley Ranch Final Map of Parcel 33 Commercial Center, dated October 11, 2010.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the Apportionment Report and Final Assessment Roll, Amendment No. 99, LID T-4�, Green Valley Ranch Final Map of Parcel 33 Commercial Center, dated October 11, 2010. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-034

BUSINESS LICENSE
RESTAURANT WITH BAR
NACHO DADDY

APPLICANT: NACHO DADDY, LLC

Request by Business License to ratify administrative approval for the Restaurant with Bar business license for Nacho Daddy, LLC, dba Nacho Daddy, 9925 South Eastern Avenue, Henderson, Nevada 89074.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve the ratification of administrative approval for the Restaurant with Bar business license for Nacho Daddy, LLC, dba Nacho Daddy, 9925 South Eastern Avenue, Henderson, Nevada 89074. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

CA-035

ZONE CHANGE AMENDMENT
ZCA-10-660007-A3
BLACK MOUNTAIN BUSINESS PARK PHASE II

APPLICANT: CAMP DOG, LLC DBA CAMP BOW WOW

Amend a zone change to revise the design guidelines for Black Mountain Business Park to allow Animal Boarding and Grooming as a permitted use in the IG-MP zoning district, on a 5-acre portion of the master plan located at the northeast corner of Cassia Way and Wigwam Parkway, in the Gibson Springs Planning Area.

(Motion)
Councilwoman Boutin moved to concur in the recommendation of staff and approve a zone change to revise the design guidelines for Black Mountain Business Park to allow Animal Boarding and Grooming as a permitted use in the IG-MP zoning district, on a 5-acre portion of the master plan located at the northeast corner of Cassia Way and Wigwam Parkway, in the Gibson Springs Planning Area, subject to the following:

FINDINGS OF FACT

A. The proposal is consistent with the Comprehensive Plan.
B. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments.
C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay.
D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent.
E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development.
F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments.

PUBLIC WORKS DEPARTMENT CONDITIONS

1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits.
2. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS

3. 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. (A3)
4. 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. (A3)
5. 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. (A3)
6. Applicant shall comply with all conditions and waivers of approval for Z-30-94 and any amendments thereafter. (A3)

WAIVER

a. Allow Animal Boarding and Grooming as a permitted use on APN 178-14-212-012. (A3)

The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

VII.	PUBLIC HEARINGS

PH-036	COMPREHENSIVE PLAN AMENDMENT CPA-10-520009 - PUBLIC HEARING ZONE CHANGE AMENDMENT ZCA-06-660006-A1 ZONE CHANGE AMENDMENT ZCA-10-660015-A3 DESIGN REVIEW DRA-10-550021 TRAVERSE POINT MIXED-USE DEVELOPMENT (TRAVERSE POINT MULTIFAMILY) APPLICANT: LANDWELL COMPANY AND NEVADA PARTNERS LLC
	A) Amend the Land Use Policy Plan from COM (Commercial) to HDR (High-Density Residential) on 16.8 acres; B) Amend a zone change from CO-MP (Commercial Office with Master Plan Overlay) and CC-MP (Community Commercial with Master Plan Overlay) [with resolution of intent zoning of CM-MP-PUD] to RH-24-MP-PUD (High-Density Residential with Master Plan and Planned Unit Development Overlay) on a 16.8-acre portion of the 35-acre site; C) Amend the master plan design guidelines/development standards on 16.8 acres; and D) Review of the multifamily residential development; located at the southwest corner of the intersection of Gibson Road and Wigwam Parkway, north of the I-215, in the Gibson Springs Planning Area. (Motion) Councilwoman Schroder moved to concur in the recommendation of staff with changes and A) Amend the Land Use Policy Plan from COM (Commercial) to HDR (High-Density Residential) on 16.8 acres; B) Amend a zone change from CO-MP (Commercial Office with Master Plan Overlay) and CC-MP (Community Commercial with Master Plan Overlay) [with resolution of intent zoning of CM-MP-PUD] to RH-24-MP-PUD (High-Density Residential with Master Plan and Planned Unit Development Overlay) on a 16.8-acre portion of the 35-acre site; C) Amend the master plan design guidelines/development standards on 16.8 acres; and D) Review of the multifamily residential development; located at the southwest corner of the intersection of Gibson Road and Wigwam Parkway, north of the I-215, in the Gibson Springs Planning Area. Stephanie Garcia Vause, Director of Community Development, presented a summary of this item and said the Planning Commission recommends approval. Mayor Hafen opened the public hearing at 8:21 p.m., asking if there was anyone present wishing to speak for or against this item. John Marchiano, 218 Lead Street, representing the applicant, stated that they have been working diligently with staff and revising a number of conditions. He asked that those revisions be included in the record. There being no one else wishing to speak, the public hearing was closed immediately. Ms. Garcia Vause commented that staff is comfortable with the revised conditions proposed by the applicant. (Motion) Councilwoman Schroder moved to concur in the recommendation of staff with changes and A) Amend the Land Use Policy Plan from COM (Commercial) to HDR (High-Density Residential) on 16.8 acres; B) Amend a zone change from CO-MP (Commercial Office with Master Plan Overlay) and CC-MP (Community Commercial with Master Plan Overlay) [with resolution of intent zoning of CM-MP-PUD] to RH-24-MP-PUD (High-Density Residential with Master Plan and Planned Unit Development Overlay) on a 16.8-acre portion of the 35-acre site; C) Amend the master plan design guidelines/development standards on 16.8 acres; and D) Review of the multifamily residential development; located at the southwest corner of the intersection of Gibson Road and Wigwam Parkway, north of the I-215, in the Gibson Springs Planning Area. CPA-10-520009 FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the City Council's original findings made upon plan adoption. ZCA-06-660006-A1 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such iimprovements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation reservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. Approval of this application requires the applicant to comply with the Lake Mead North Design Standards and all supplemental criteria, 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. Applicant shall comply with all conditions of approval for DRA-10-550021 for the RH-24-MP-PUD multifamily portion. (A1) 4. This approval does not endorse signage shown with this application. Signage shall be reviewed and approved separately. 5. The resolution of intent for the CM-MP-PUD portion of the site shall expire on April 4, 2011, unless extended per Title 19.2.4. 6. Applicant shall provide a construction staging plan as part of the civil improvement/grading plans for approval prior to issuance of a grading and/or blasting permit. All staging shall be contained within project property boundaries. Any construction-related activities proposed outside of the project boundaries will require approval of the affected property owner. 7. Applicant shall record restrictive covenant notifying future residents of potential light-rail corridor to be located within the UPRR right-of-way. 8. Applicant shall obtain Planning Commission approval of a design review. PARKS AND RECREATION DEPARTMENT CONDITIONS 9. Applicant shall provide a trail corridor with a 10-foot concrete trail along Gibson Road and Wigwam Parkway. Landscape shall be owner-maintained, installed per the Development Code, and lighting shall be per AASHTO St standards. 10. Applicant shall meet with Parks and Recreation to discuss changes to park requirements. ADDED PARKS AND RECREATION CONDITION 11. Applicant for the CM-zoned portion of land shall provide pedestrian crossing at Wigwam Parkway. WAIVER a. Allow a maximum building height of 66 feet 4 inches where 60 feet is the maximum height permitted in the CM District. (Remaining CM Portion) ZCA-10-660015-A3 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. COMMUNITY DEVELOPMENT CONDTION 1. Approval of this application requires the applicant to comply with the Lake Mead North Design Standards and all supplemental criteria, 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. 2. Applicant shall comply with all conditions of approval for Z-25-99 and any amendments thereto. DRA-10-550021 PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. 3. Driveways shall be constructed per Clark County Area Standard Drawing Nos. 226.1 and 226.2 and dedicate any necessary right-of-way. 4. Applicant shall obtain all necessary UPRR approvals. 5. Applicant shall submit a traffic 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 and dedicate any necessary right-of-way. 6. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 7. Applicant shall provide acoustical mitigation for the buildings in substantial conformance with the Acoustical Study and the Supplement to the Acoustical Study prepared by Schaffer Acoustics, Inc., dated November 24, 2010 and December 6, 2010, prior to issuance of the first certificate of occupancy. DEPARTMENT OF UTILITY SERVICES CONDITIONS 8. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 9. Applicant shall comply with the requirements of the master utility plan established for the project area. 10. Applicant shall establish separate water and sewer service for each use classification in accordance with the Department of Utility Services' requirements. 11. 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. 12. Applicant may be required to provide a water and/or sewer system capacity analysis covering the overall water and/or sewer system providing service to the project, prior to submitting civil improvement plans to the City. Preparation of said capacity analysis shall be coordinated with the Department of Utility Services. 13. Applicant may be responsible for performing water and/or sewer system upgrades in accordance with the results of the system capacity analysis or, at a minimum, applicant shall be responsible for participating in a proportionate share of the costs to complete these system upgrades. 14. Applicant shall modify map to meet Department of Utility Services' access and maintenance requirements. FIRE DEPARTMENT 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. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 15. 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. 16. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 17. 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 prior to starting construction or moving combustibles on site. 18. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 19. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 20. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 21. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 22. 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. 23. Applicant shall provide a mitigation approved by Fire Safety for each building which lack the required 150-foot fire access from the nearest fire lanes prior to issuance of any building permits. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 24. The applicant shall submit to the Community Development 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. 25. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 26. Approval of this application requires the applicant to comply with the Lake Mead North Design Standards and all supplemental criteria, 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. 27. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 28. 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. 29. 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. 30. 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. 31. Approval of this design review shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.6.6.B of the Development Code. 32. Applicant shall comply with all conditions of approval for ZCA-06-660006 and ZCA-10-660015-A3, and any amendments thereafter. 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. The multifamily development shall be allowed up to a maximum of 296 units. 35. The multifamily development shall comply with the Lake Mead North Design Standards, and its supplemental criteria, the Traverse Point Supplemental Standards for Residential Development and the Supplemental to the Design Guidelines and Development Standards for Lake Mead North. 36. All lighting fixtures used on buildings and within the parking areas shall be appropriately shielded, and directed downward and inward to the site to prevent glare on adjacent properties and comply with Title 19 requirements. 37. Buildings on a flat platform or not stepped-in-design shall require additional architectural features to modify the roofline. PARKS AND RECREATION DEPARTMENT CONDITION 38. Applicant shall provide a trail corridor with a 10-foot concrete trail along those portions of Wigwam Parkway adjacent to the proposed development. Landscape shall be owner-maintained, installed per the Development Code, and lighting shall be per AASHTO Standards. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

PH-037

ACCOMPANYING RESOLUTION FOR PH-36
CPA-10-520009
TRAVERSE POINT MIXED-USE DEVELOPMENT

APPLICANT: LANDWELL COMPANY LP

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 16.8 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 15, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED SOUTHWEST OF THE INTERSECTION OF GIBSON ROAD AND WIGWAM PARKWAY, NORTH OF THE I-215, IN THE GIBSON SPRINGS PLANNING AREA, FROM COM (COMMERCIAL) TO HDR (HIGH-DENSITY RESIDENTIAL).

Mayor Hafen introduced Resolution No. 3968 and City Manager Calhoun read the Resolution by title.

See discussion under PH-036.

(Motion)
Councilman Kirk moved to adopt Resolution No. 3968, as amended. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

PH-038

CONDITIONAL USE PERMIT
CUP-10-540056 - PUBLIC HEARING

DESIGN REVIEW
DRA-10-550037
SUBSTITUTE P-40 PUMP STATION AT LAKE LAS VEGAS

APPLICANT: LLV-1, LLC

A) Major Utility (pump station); and
B) A pump station; generally located on the southerly corner of Via Vin Santo and Lake Las Vegas Parkway, in the Lake Las Vegas Planning Area.

Called up by Mayor Hafen

Stephanie Garcia Vause, Director of Community Development, stated that the Planning Commission voted for approval on this item; however, this item has been called up for Council�s review.

Mayor Hafen opened the public hearing at 8:23 p.m., asking if there was anyone present wishing to speak for or against this item.

Mayor Hafen explained that he called this item forward. He noted that this item is only to discuss the land use for a pump station.

Tom Amick, 8345 West Sunset Road, representing the applicant, explained that there are many competing interests at Lake Las Vegas. He asked that the Council keep the best interests of the community first and foremost and help move the community forward with the substitute pump station. He said this pump station will benefit the commercial owners, landowners, and future builders of Phase 2. He noted that he understands there is an existing pump station, but it is situated in a way that precludes utilization. The reasons it cannot be utilized cannot be resolved by the Council.

Mr. Amick showed an aerial photograph of the proposed location of the substitute pump station and relayed surrounding uses. He noted that this location was selected due to elevation and distance to the area it will serve. Regarding the design, the Planning Commission had valid concerns about colors, materials, and landscaping. He noted that the finished floor of the pump house is 15 feet below the finished floor of the cart barn. The applicant has agreed to stucco the building and the exterior wall to match the existing clubhouse facility. He noted that the paint color and roof tiles will also match. Regarding landscaping, Mr. Amick said the applicant agreed to landscape from the southern-most boundary of the pump station all the way down to the Via Santo, with 36-inch box spaced 15 feet on center that surround the actual facility itself.

Mr. Amick stated that they held a neighborhood meeting on October 28, 2010 and made a presentation to the residents. He commented that most of the residents are in support of this pump station because they understand the importance of keeping the community moving.

Mr. Amick explained that the acquisition agreement says the City will acquire one pump station only. He said any risk of loss beyond that one pump station is borne by Lake Las Vegas solely. If the LID funds are used to purchase the substitute pump station, then Lake Las Vegas would be out the entire cost of the first pump station.

Mr. Amick submitted the following items into the record: a petition from Lake Las Vegas residents supporting the substitute P-40 pump station site, a petition signed by the commercial proprietors in Montelago Village, four letters of support from the hotel owners, and the executive summary and the acquisition agreement which outline the LID obligations.

Mr. Amick stated that Phase 2 builders and landowners out there have spent millions of dollars and have land that is worthless without water. He said there is no harm to the City of Henderson in approving this application. He noted that there is nothing that would preclude Lake Las Vegas from continuing to work on a solution for the existing pump station.

Responding to a question by Councilman Kirk as to how many other sites were considered for the pump station, Jerry Slater, 5740 South Arville Street, Las Vegas, replied that they did consider as many sites as possible that were owned by Lake Las Vegas and could adequately meet the pressure demands and elevation ranges. He said the proposed site was the only one that was in proximity to the water lines and could adequately serve the east side. He commented that they did work with City staff to ensure they were within operating parameters of the City.

The following residents voiced their support for this project: Jerry Mansfield, 41 Grand Miramar Drive; William Milone, 66 Contrada Fiore Drive; and Vicki Hafen Scott, 12 Via Tiberius.

David Brockman, 1247 Casa Palermo Circle, spoke in opposition of this project and believes the existing pump station should be used.

John O'Reilly, 325 South Maryland Parkway, Las Vegas, representing Carmel Land and Cattle Company, stated that the proposed substitute pump station is not necessary and is not in the best interest of the community. He noted that there is a 60-foot elevation difference and it is illogical to locate a substitute pump station on the west side of the street to serve residents on the east side. He said the entire visual horizon will change dramatically from the main entrance of Lake Las Vegas.

Mr. O'Reilly gave a background history of this project and reviewed several exhibits that were submitted into the record. He stated that City staff has not been neutral in this process and have encouraged the process to be used as a tool for negotiation. He said there is no factual or legal basis for supporting this application.

Councilwoman Boutin asked whether $10 million has been set aside for the acquisition or the purchase of a pump station of which the Carmel Land and Cattle Company is willing to sell.

Mr. O'Reilly said that it is his understanding that the money has been budgeted as part of the bankruptcy plan process. He said a letter dated October 22, 2010, provided an offer of $7 million. He noted that the last communication received from Mr. Coyne was November 1, 2010, however, negotiations have not proceeded forward. Mr. O'Reilly requested the Council deny this item or continue it and compel the applicant to respond and negotiate with Carmel Land and Cattle Company.

Mayor Hafen expressed concern that the exhibits are not in order and are difficult to follow.

Councilwoman Schroder asked who owns the existing pump station and how long would it take to be able to be used.

Mr. O'Reilly responded that his client believes it is owned entirely by Carmel Land and Cattle Company; however, there is litigation over some of the equipment that should be resolved in bankruptcy court. He stated that the existing pump station could be used depending on how long it would take all parties to come to an agreement regarding money. Mr. O'Reilly noted that he anticipates an answer from the judge by the end of January.

Councilman Kirk pointed out that the Clark County Assessor�s website shows that the parcel is owned by Carmel and Coleman Toll, LP. He stated that he believes the alternate pump station will have a minimal aesthetic impact and provide a significant benefit for the Lake Las Vegas community.

Councilwoman Schroder commented that she and Councilwoman March attended the neighborhood meeting at Lake Las Vegas and heard from several residents that they want to move development along as soon as possible.

Elizabeth Quillin, City Attorney, stated that she is concerned that if the City is served with a petition for judicial review, that the judge has a complete record regarding what governs this LID improvement, which is Nevada Revised Statute 271. She explained that the City must abide by a certain process in order to pay and accept these public improvements. An assessment engineer will determine whether or not a substitute improvement is functionally equivalent and expenses are eligible for reimbursement.

Councilwoman Boutin questioned why the City has not exercised its right for eminent domain on this property.

Ms. Quillin replied that the City could consider this option at a later time. She clarified that eminent domain situations are usually regarding valuation. In this unique case, the parcel is bifurcated and there are questions as to whether Carmel Land and Cattle Company completely owns the pump and the generator.

Councilwoman Boutin said she is concerned that the City did not reply to a letter from Carmel Land and Cattle Company addressed to the Mayor, Council, and Planning Commissioners on October 22, 2010. She believes this lack of response is unprofessional and reflects poorly on the City of Henderson.

Councilwoman Boutin said it is her understanding that members of the general public are entitled to records provided to the Council during briefings, as well as when records are submitted at Council meetings. She noted that she is not in favor of extrapolating any part of any person�s testimony for any reason off the official record.

Councilwoman Schroder pointed out that the letter referred to by Councilwoman Boutin was not provided to Ms. Quillin. She asked if it would be appropriate for a councilmember to respond to a letter by an attorney without involving the City Attorney.

Ms. Quillin stated that this particular instance was an oversight and she should have received a copy of letter. She said she does not expect this to happen in the future.

Councilmember Boutin stated that it is appropriate for the Council to respond to correspondence due to their constitutional right for freedom of speech.

Councilwoman March commented that the response would be one person�s opinion and not a consensus of the Council.

Ms. Quillin suggested that the Council always consult with City legal counsel if they receive a letter from another attorney.

Lucy Stewart, 101 Convention Center Drive, Las Vegas, stated that she has been a land use consultant in the Las Vegas valley for the past ten years as well as an expert witness in federal, state, and local court hearings on land use. She believes that constructing the substitute pump station in the proposed open area and planting the heavy landscaping is too intense and massive.

John Marchiano, 218 Lead Street, commented that neither Ms. Quillin nor Dennis Porter, Director of Utilities, have failed to return any of his calls. He said the conditional use permit application is about compatibility and location. He believes that the substitute pump station does not belong in the proposed location and that it will negatively impact every resident at Lake Las Vegas who will see the pump station or massive landscaping.

Mr. Amick clarified that Mr. Coyne did respond to the letter on November 1, 2010. He pointed out that Toll Brothers does own half of the property. He said the $10 million was to construct an alternate pump station in the event they cannot resolve the situation with the existing pump station. Regarding any noise impact, Mr. Amick noted that the substitute pump station will make the same noise as the existing pump station, which is closer to the homes.

Dennis Porter, Director of Utilities, reported that noise impacts of pump stations are non-existent and are not an issue. Regarding the cost, this is a different type of pump station that the City has not constructed before and staff does not have any operating information. Mr. Porter said he believes the difference in elevation is going to be minimal, and that the rate payers will not see an increase in their overall water bill because of this pump station.

There being no one else wishing to speak, the public hearing was closed at 9:46 p.m.

Mayor Hafen stated that he is concerned that no development has occurred at Lake Las Vegas due to lack of water. He said approving this application will create more potential for development in this area.

Councilman Kirk stated that he thinks there have been numerous opportunities over the previous months or years to resolve this issue. He said the Council needs to act on behalf of the residents and provide an alternative.

Councilwoman March said everyone would probably prefer the original pump site, but she thinks the Council has a responsibility to move forward. She said she would like dialogue to continue with respect to the existing pump station.

Councilwoman Schroder asked for a commitment from both parties to agree to meet and continue dialogue regarding its pump station.

Mr. O�Reilly stated that Mr. Holman�s letter and Mr. Carmel�s letter speak for themselves, and they are looking forward to a response and further dialogue from Mr. Coyne.

(Motion)
Mayor Hafen moved to concur in the recommendation of staff and approve A) Major Utility (pump station); and
B) A pump station; generally located on the southerly corner of Via Vin Santo and Lake Las Vegas Parkway, in the Lake Las Vegas Planning Area, subject to the following:

CUP-10-540056

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.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS

1. 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.

2. This conditional use permit 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-10-550037

PUBLIC WORKS DEPARTMENT CONDITIONS

1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits.
2. Applicant shall submit a drainage study for Public Works' approval.
3. Driveways shall be constructed per Clark County Area Standard Drawing No. 224 and dedicate any necessary right-of-way.
4. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way.
5. Grant municipal utility easement.

DEPARTMENT OF UTILITY SERVICES CONDITIONS

6. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval.
7. Applicant shall comply with the requirements of the master utility plan established for the project area.
8. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements.
9. Applicant shall relocate existing private utilities off proposed P40 site.

FIRE DEPARTMENT 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. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents.

10. 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.
11. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval.
12. 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 prior to starting construction or moving combustibles on site.
13. 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.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS

14. The applicant shall submit to the Community Development 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.
15. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall.
16. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval.
17. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan.
18. 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.
19. 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.
20. 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.
21. 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).
22. Applicant shall comply with all conditions of approval for CUP-10-540056.
23. Applicant shall install 36-inch box pine trees 15-foot on center along Lake Las Vegas Parkway from the intersection of Via Vin Santo to the southern wall of the pump station facility; landscape to be as depicted in exhibits submitted (landscape plan and color renderings of landscaping).
24. Matching roof tiles and colors to be consistent with other buildings in the area (per memo dated 11/1/10) as depicted on revised architectural elevations submitted.
25. Applicant shall stucco the exterior walls on compound and building, and shall be painted to match the clubhouse building. Stucco exterior to be further discussed with City staff.

The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

PH-039

PUBLIC HEARING
AP-08-10 FOR CUP-10-540061
THE MONKEY GYM

APPLICANT: THE MONKEY GYM, INC.
APPELLANT: ABE DAYANI AND JAMES DELGIUDICE (AKA RANDY DELL)

Appeal of a Planning Commission approval of a conditional use permit to allow a Personal Improvement Service (non-profit, youth instructional activities) located at 1999 Whitney Mesa Drive, Suites 130-160, in the Green Valley North Planning Area.

Stephanie Garcia Vause, Director of Community Development, presented a summary of this item and noted that neighboring property owners appealed the decision by the Planning Commission.

Mayor Hafen opened the public hearing at 9:51 p.m., asking if there was anyone present wishing to speak for or against this item.

James Delgiudice, 1983 Whitney Mesa Drive, current president of the Mountain Vista Business Park, stated that he is opposed to this project due to incompatibility concerns. He explained that this industrial business park is not an appropriate location for families and kids.

Sandra Dayani, 1985 Whitney Mesa Drive, stated that she understands how important this program is and what a great service this is to the community. She expressed concern that the location is not appropriate and there would be safety issues due to heavy machinery and level three and four materials deemed dangerous by the fire department.

Lisa Youngdahl, 7999 Rodeo Drive, said the business park is for commercial uses and the proposed project is inappropriate at this location due to safety issues. She agreed that the project is important for the community.

Kerry Cutler, 3363 Pavlo Street, Las Vegas, Director of the Monkey Gym, stated that she has attempted to contact the appellants to discuss their concerns, but they have not responded to her. She believes this location is prime because it is in the middle of five schools and near an apartment complex. She said they could have members of the Monkey Gym sign an acknowledgement of safety guides regarding the manufacturing business. She noted that the entrances and exits used by the appellants are completely different than what will be used for the Monkey Gym. Ms. Cutler confirmed that the children will be supervised and accompanied to and from vehicles.

Councilwoman Boutin said the application indicates that the gym will serve at-risk youth between the ages of 3 and 18, which is a broad client base. With the true traditional term of at-risk, most of the people will not have access to transportation. She is concerned with parents walking with small children and adolescents using the bus line or walking in and out of the buildings to access the Monkey Gym. She asked what the safety statement will entail, and whether it would include any type of personal safety training program.

Ms. Cutler responded that all youth must be accompanied by an adult or a guardian to sign in. She said they would like the parents or guardians to remain onsite while the children are active in the gym.

Councilwoman Boutin said the Monkey Gym registered as a non-profit organization in the State of Nevada in 2009 and renewed it in 2009; however, Ms. Cutler is not listed as the registered agent or a board member. Councilwoman Boutin stated that staff did not find a 501C3 for this organization and asked when they plan to apply for a 501C3 license.

Ms. Cutler stated that they applied for the 501C3 license in December of 2009 and are waiting for their tax exempt status.

Responding to a question by Councilwoman Boutin as to whether the Monkey Gym will have its 501C3 license in six months, Ms. Cutler said yes.

Regarding parking, Ms. Cutler said they submitted a parking analysis and they do meet the required parking spaces. She noted that there are numerous parking spaces available on Whitney Mesa Drive.

Responding to a question by Councilman Kirk as to how many students per month this business projects they will serve, Ms. Cutler said they hope to serve up to 800 students if all their classes are full. She noted that there could be a maximum of 40 students on site at one time.

Councilwoman March asked if this establishment is required to have a child care license.

Ms. Cutler said they are not required to have a child care license because they are a recreation program and do not offer any type of child care.

Councilwoman Boutin asked if the Council can approve the conditional use for a six-month trial period with certain restrictions to provide the 501C3. She noted that she is deeply concerned about the non-profit status. She believes the neighboring tenants should have an opportunity to report to the Council in six months if there are problems with unsupervised children and traffic issues. Councilwoman Boutin also noted a concern regarding the logistics of how clients will come in and out of the facility safely, and she shares the concerns of the neighboring businesses.

In response to a question by Councilwoman Schroder regarding whether only at-risk individuals will be allowed to participate in the programs, Ms. Cutler said the facility will be open to the public.

Councilwoman Boutin commented that she is unsure whether the applicant can obtain a non-profit status if they charge middle-class families for services.

Ms. Cutler explained that the cost is $33 per month, and they will offer a lower fee for low-income participants. She said they would like 70 to 80 percent of their members to be at-risk youth.

The following people voiced their support for this project: Antonio Cooper, 1410 South 13th Street, Las Vegas; and Tom Hallett, 1999 Whitney Mesa Drive. Mr. Hallett noted that he works in the same industrial park and does not believe there are any safety concerns.

Mina Dayani, 1985 Whitney Mesa Drive, stated that she is opposed to this project because the location is inappropriate.

Mr. DelGiudice said the applicant is planning to knock out part of the floor to lower the floor four feet. He noted that this is a big investment and the business will be grounded there due to this construction.

Councilwoman Boutin said she understands this concern. She noted that it would appear that this project is really set up as more of a for-profit business. If the applicant does not come back in six months with a 501C3, then they would not really serve the indigent in the community. If this is the case, the applicant should register as such and pay the appropriate taxes.

Abe Dayani, President of Refining Systems, appellant, stated that the Monkey Gym is located 200 feet away from his office. He said some trucks deliver compressed gases to the industrial businesses, which is a safety concern for the presence of children.
There being no one else wishing to speak, the public hearing was closed at 10:24 p.m.

(Motion)
Councilwoman Boutin moved to deny the appeal and uphold the Planning Commission's recommendation of approval of a conditional use permit to allow a Personal Improvement Service (non-profit, youth instructional activities) located at 1999 Whitney Mesa Drive, Suites 130-160, in the Green Valley North Planning Area, subject to the following:

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 DEPARTMENT CONDITIONS

1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits.
2. Applicant shall submit an updated traffic 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 and dedicate any necessary right-of-way.

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS

3. 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.
4. This conditional use permit for Personal Improvement Service (non-profit, youth instructional activities) 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.
5. The hours of operation are limited to Monday through Saturday, 9:30 a.m. to 9:00 p.m.

ADDED CONDITION

6. A six-month status update to Council to report back on either a 501�3 status or a check-in with business license on a for profit business license. Included in the review would be a check-in with surrounding businesses as to any impacts the use may have.

The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

VIII.	PUBLIC COMMENT
	1. Ken Schultz, 136 Day Street, submitted a letterinto the record with the following suggestions regarding the Republic Services Pilot Trash and Recycling Program: 1) allow 55-plus communities and others with land condition problems to be exempted and keep their current service; 2) if plan A is not feasible, allow 55-plus communities and others with land condition problems to get smaller containers and service twice a week; 3) in light of the automated and reduced service, and for the health, safety, and welfare of residents and appearance of neighborhoods, provide the plastic bags at no charge; and 4) create an on-call as needed bulk item pick-up program for when conditions are such that it is necessary. Mayor Hafen invited Mr. Schultz to contact his office to be included in future meetings with concerned neighbors regarding this issue. Councilwoman March noted that Republic Services does offer three different sizes of containers and residents can request a smaller container. 2. Responding to comments by Gina Greisin, Jutta Chambers, Henderson Police Chief, reported that in the last several weeks, the Police Department has been working with the Animal Control Bureau, Business License staff, and the City Attorney's Office to draft revisions to the Henderson Municipal Codes (HMC) that relate to animal control. She noted that proposed revisions to the HMC will come before the Council for approval in January or February. Staff is also in the process of rewriting the entire Animal Control code. The following individuals voiced concern that the �Look Puppies� store is falsely representing themselves as an adoption center, providing poor and unsafe conditions for animals, and have a roach infestation problem: Gina Greisen, 4004 Ridgewood Avenue, Las Vegas, representing the Nevada Voters for Animals; Jamie Cole, 8600 Starboard Drive, No. 2146, Las Vegas; Karen Layne, 3395 South Jones Boulevard, No. 454, Las Vegas, representing the Las Vegas Valley Humane Society; and Jocelyn Arter, 92, Milicity Road. Ms. Layne and Ms. Arter expressed interest in working on revising the HMC. The Mayor and Councilmembers suggested that staff from business license, the police department, and property maintenance research these complaints. It was also noted that the Southern Nevada Health District should be notified to address the concern regarding the roaches. Chief Chambers stated that due to several complaints, the police have conducted rigorous and frequent inspections of Look Puppies and have placed higher standards on this business. She commented that part of the process does include working with the Southern Nevada Health District. Stacia Newman, Vice-President of the Nevada Political Action for Animals, suggested that Title 7 should be reviewed and revised, and possibly adopt the good clauses and successes that Clark County has in their Title 10, which addresses animals. She stated that pet stores are difficult to manage unless you have a very regulated ordinance in place. She suggested a clause be added that animals that need medical treatment should be transported the same day. Ms. Newman also believes the ordinance should allow Animal Control to make immediate assessments of fines and do a follow-up report to make sure any problems have been remedied. Mayor Hafen suggested that a coalition be put together with staff representing the Henderson Police department and the City Attorney's Office, and any interested residents to review the existing ordinance and provide recommendations. Elizabeth Quillin, City Attorney, asked that Ms. Newman send her an email outlining the references she made so they can work together to address the concerns.

IX.	UNFINISHED BUSINESS

UB-040	MAYORAL APPOINTMENT BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY (ADULT) OFFICE OF THE CITY CLERK
	Mayoral appointment of an adult representative from the Clark County School District to the Henderson Blue Ribbon Commission on Educational Excellence and Youth Opportunity, to complete the unexpired term of Jodi Brant, term to expire June 30, 2013. (Continued from November 16, 2010) (Motion) Mayor Hafen moved to appoint Anita Wong to the Henderson Blue Ribbon Commission on Educational Excellence and Youth Opportunity, to complete the unexpired term of Jodi Brant, term to expire June 30, 2013. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

UB-041

BILL NO. 2587
2011/2012 WARD AND PRECINCT MAP

OFFICE OF THE CITY CLERK

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, ESTABLISHING THE WARDS AND PRECINTS FOR THE 2011 MUNICIPAL ELECTION AND REPEALING ORDINANCE NO. 2704 WHICH ESTABLISHED THE WARDS WITHIN THE CITY OF HENDERSON, NEVADA, FOR THE 2009 MUNICIPAL ELECTION ACCORDING TO POPULATION AS DETERMINED BY THE 2000 NATIONAL DECENNIAL CENSUS IN ORDER TO INCORPORATE CLARK COUNTY, NEVADA PRECINCT SPLITS, MERGERS, ADDITIONS, AND DELETIONS AND OTHER MATTERS RELATED THERETO.

Mayor Hafen introduced Bill No. 2587 and City Manager Calhoun read the Bill by title.

(Motion)
Mayor Hafen moved to adopt Ordinance No. 2884, introduced as Bill No. 2587, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

UB-042

BILL NO. 2588
HENDERSON MUNICIPAL CODE CHAPTER 15.08
INTERNATIONAL BUILDING CODE

BUILDING AND FIRE SAFETY DEPARTMENT

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, REPEALING EXISTING CHAPTER 15.08 TO THE HENDERSON MUNICIPAL CODE ENTITLED "INTERNATIONAL BUILDING CODE" IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 15.08 TO THE HENDERSON MUNICIPAL CODE ENTITLED "INTERNATIONAL BUILDING CODE" THAT ADOPTS THE 2009 INTERNATIONAL BUILDING CODE WITH AMENDMENTS THERETO; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.

Note: This item was moot due to the continuance of C-002 during the Committee meeting.

UB-043

BILL NO. 2589
HENDERSON MUNICIPAL CODE CHAPTER 15.09
INTERNATIONAL RESIDENTIAL CODE

DEPARTMENT OF BUILDING AND FIRE SAFETY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.09 TO THE HENDERSON MUNICIPAL CODE ENTITLED "INTERNATIONAL RESIDENTIAL CODE " BY ADOPTING THE 2009 VERSION OF SUCH CODE, AND THE "SOUTHERN NEVADA AMENDMENTS TO THE 2009 INTERNATIONAL RESIDENTIAL CODE" THERETO; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.

Mayor Hafen introduced Bill No. 2589 and City Manager Calhoun read the Bill by title.

(Motion)
Councilwoman Boutin moved to adopt Ordinance No. 2885, introduced as Bill No. 2589, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

UB-044

BILL NO. 2590
HENDERSON MUNICIPAL CODE CHAPTER 15.16
ELECTRICAL CODE

DEPARTMENT OF BUILDING AND FIRE SAFETY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.16 TO THE HENDERSON MUNICIPAL CODE ENTITLED "ELECTRICAL CODE" BY ADOPTING THE 2008 VERSION OF THE NATIONAL ELECTRICAL CODE, AND THE "SOUTHERN NEVADA AMENDMENTS TO THE 2008 NATIONAL ELECTRICAL CODE" THERETO; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.

Mayor Hafen introduced Bill No. 2590 and City Manager Calhoun read the Bill by title.

(Motion)
Councilwoman March moved to adopt Ordinance No. 2886, introduced as Bill No. 2590, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

UB-045

BILL NO. 2591
HENDERSON MUNICIPAL CODE CHAPTER 15.20
UNIFORM PLUMBING CODE

DEPARTMENT OF BUILDING AND FIRE SAFETY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.20 TO THE HENDERSON MUNICIPAL CODE ENTITLED "UNIFORM PLUMBING CODE" BY ADOPTING THE 2009 VERSION OF SUCH CODE, AND THE "SOUTHERN NEVADA AMENDMENTS TO THE 2009 UNIFORM PLUMBING CODE" THERETO; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.

Mayor Hafen introduced Bill No. 2591 and City Manager Calhoun read the Bill by title.

(Motion)
Councilwoman Schroder moved to adopt Ordinance No. 2887, introduced as Bill No. 2591, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

UB-046

BILL NO. 2592
HENDERSON MUNICIPAL CODE CHAPTER 15.24
UNIFORM MECHANICAL CODE

DEPARTMENT OF BUILDING AND FIRE SAFETY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.24 TO THE HENDERSON MUNICIPAL CODE ENTITLED "UNIFORM MECHANICAL CODE" BY ADOPTING THE 2009 VERSION OF SUCH CODE, AND THE "SOUTHERN NEVADA AMENDMENTS TO THE 2009 UNIFORM MECHANICAL CODE" THERETO; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.

Mayor Hafen introduced Bill No. 2592 and City Manager Calhoun read the Bill by title.

(Motion)
Councilwoman March moved to adopt Ordinance No. 2888, introduced as Bill No. 2592, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

UB-047

BILL NO. 2593
HENDERSON MUNICIPAL CODE CHAPTER 15.32
THE CITY OF HENDERSON FIRE CODE

DEPARTMENT OF BUILDING AND FIRE SAFETY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, REPEALING CHAPTER 15.32 TO THE HENDERSON MUNICIPAL CODE ENTITLED "THE CITY OF HENDERSON FIRE CODE" BY ADOPTING A NEW CHAPTER 15.32 TO THE HENDERSON MUNICIPAL CODE ENTITLED "CITY OF HENDERSON FIRE CODE," WITH AMENDMENTS THERETO; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.

Note: This item was moot due to the continuance of C-007 during the Committee meeting.

UB-048

BILL NO. 2594
HENDERSON MUNICIPAL CODE CHAPTER 15.44
SWIMMING POOL CODE

DEPARTMENT OF BUILDING AND FIRE SAFETY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.44 TO THE HENDERSON MUNICIPAL CODE ENTITLED "SWIMMING POOL CODE" BY ADOPTING THE 2009 VERSION OF THE SOUTHERN NEVADA POOL CODE; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.

Mayor Hafen introduced Bill No. 2594 and City Manager Calhoun read the Bill by title.

(Motion)
Councilwoman Boutin moved to adopt Ordinance No. 2889, introduced as Bill No. 2594, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

UB-049

BILL NO. 2595
HENDERSON MUNICIPAL CODE CHAPTER 15.45
INTERNATIONAL ENERGY CONSERVATION CODE

DEPARTMENT OF BUILDING AND FIRE SAFETY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 15.45 TO THE HENDERSON MUNICIPAL CODE ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE".

Mayor Hafen introduced Bill No. 2595 and City Manager Calhoun read the Bill by title.

(Motion)
Councilwoman Schroder moved to adopt Ordinance No. 2890, introduced as Bill No. 2595, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

X.	NEW BUSINESS

NB-050	FINANCIAL UPDATE FINANCE DEPARTMENT
	Presentation and update by the Finance Department on the current financial position of the City. (Motion) Councilwoman Schrodern moved to accept the financial update by the Finance Department on the current financial position of the City. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

NB-051

RESOLUTION
COMMUNITY ADVISORY COMMITTEE RECOMMENDATIONS
CLARK COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN

COMMUNITY DEVELOPMENT DEPARTMENT

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, IN SUPPORT OF THE COMMUNITY ADVISORY COMMITTEE RECOMMENDATIONS FOR THE CLARK COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN.

Mayor Hafen introduced Resolution No. 3969 and City Manager Calhoun read the Resolution by title.

(Motion)
Councilwoman Boutin moved to adopt Resolution No. 3969, as presented. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

NB-052

ACCOMPANYING BILL NO. 2596 FOR PH-36
ZCA-06-660006-A1
TRAVERSE POINT MIXED-USE DEVELOPMENT

APPLICANT: LANDWELL COMPANY LP

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 15, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED SOUTHWEST OF THE INTERSECTION OF GIBSON ROAD AND WIGWAM PARKWAY, NORTH OF THE I-215, IN THE GIBSON SPRINGS PLANNING AREA, FROM CO-MP (COMMERCIAL OFFICE WITH MASTER PLAN OVERLAY) AND CC-MP (COMMUNITY COMMERCIAL WITH MASTER PLAN OVERLAY TO RH-24-MP-PUD (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN AND PLANNED UNIT DEVELOPMENT OVERLAY), AND OTHER MATTERS RELATING THERETO.

Mayor Hafen introduced Bill No. 2596 and City Manager Calhoun read the Bill by title.

(Motion)
Mayor Hafen moved to refer Bill No. 2596 to the Committee Meeting of January 4, 2011, for review and recommendation. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

NB-053

ACCOMPANYING BILL NO. 2597 FOR PH-36
ZCA-10-660015-A3
TRAVERSE POINT MIXED-USE DEVELOPMENT

APPLICANT: LANDWELL COMPANY LP

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR LAKE MEAD NORTH TO APPLY MULTIFAMILY DESIGN STANDARDS TO A 16.8-ACRE SITE LOCATED WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 15, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, SOUTHWEST OF THE INTERSECTION OF GIBSON ROAD AND WIGWAM PARKWAY, NORTH OF THE I-215, IN THE GIBSON SPRINGS PLANNING AREA, AND OTHER MATTERS RELATING THERETO.

Mayor Hafen introduced Bill No. 2597 and City Manager Calhoun read the Bill by title.

(Motion)
Councilman Kirk moved to refer Bill No.2597 to the Committee Meeting of January 4, 2011, for review and recommendation. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

NB-054

ACCOMPANYING BILL NO. 2598 FOR CA-35
ZCA-10-660007-A3
BLACK MOUNTAIN BUSINESS PARK PHASE II

APPLICANT: CAMP DOG, LLC DBA CAMP BOW WOW

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 14, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED THE NORTHEAST CORNER OF CASSIA WAY AND WIGWAM PARKWAY, IN THE GIBSON SPRINGS PLANNING AREA BY AMENDING THE DESIGN GUIDELINES FOR BLACK MOUNTAIN BUSINESS PARK TO ALLOW ANIMAL BOARDING AND GROOMING AS A PERMITTED USE IN THE IG-MP ZONING DISTRICT AND OTHER MATTERS RELATING THERETO.

Mayor Hafen introduced Bill No. 2598 and City Manager Calhoun read the Bill by title.

(Motion)
Mayor Hafen moved to refer Bill No.2598 to the Committee Meeting of January 4, 2011, for review and recommendation. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

NB-055

BILL NO. 2599
2011 VOTE CENTER PLAN

OFFICE OF THE CITY CLERK

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, ADOPTING A VOTE CENTER PLAN FOR THE 2011 MUNICIPAL PRIMARY AND GENERAL ELECTIONS AND DIRECTING THE CITY CLERK TO IMPLEMENT THE PLAN INCLUDING NOTIFICATION TO THE CLARK COUNTY REGISTRAR OF VOTERS AND THE PUBLIC OF THE PLAN ELEMENTS AND OTHER MATTERS RELATED THERETO.

Mayor Hafen introduced Bill No. 2599 and City Manager Calhoun read the Bill by title.

(Motion)
Councilwoman Schroder moved to refer Bill No. 2599 to the Committee Meeting of January 4, 2011, for review and recommendation. The roll call vote favoring passage was: Those voting Aye: Boutin, Hafen, Kirk, March, and Schroder. Those voting Nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried.

XI.	SET MEETING

XII.	ADJOURNMENT
	There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 11:12 p.m.