City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, October 15, 2019 I. CALL TO ORDER Mayor March called the Regular Meeting to order at 6:02 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. Mayor March announced the meeting is being video recorded and streamed live over the Internet. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing and emailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List and Email List. Present: Debra March, Mayor John F. Marz, Councilman Michelle Romero, Councilwoman Dan H. Stewart, Councilman Absent: Dan K. Shaw, Councilman Officers: Richard Derrick, City Manager/CEO Sabrina Mercadante, City Clerk Nicholas Vaskov, City Attorney Absent: None Staff: Victoria Dasis, Deputy City Clerk Andre Dixon, Deputy City Clerk Ed McGuire, Director of Public Works Jim McIntosh, Treasurer Alyssa Perea, Deputy City Clerk Michael Tassi, Community Development and Services Director Henderson City Council Regular Meeting Page 2 of 33 Tuesday, October 15, 2019 – Minutes III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by John Bagwell from Giving Life Ministries, and was followed by the Pledge of Allegiance, which was led by Brad Welker, retired Army Staff Sergeant Veteran from Vietnam. IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Michelle Romero moved to accept the agenda as amended. CA-10 was heard immediately following the Consent Agenda. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PROCLAMATION COMMUNITY PLANNING MONTH RECOGNIZING WATER STREET AS A GREAT PLACE IN AMERICA COMMUNITY DEVELOPMENT AND SERVICES, GOVERNMENT AND PUBLIC AFFAIRS Proclamation declaring October 2019 as Community Planning Month, celebrating the benefits of sound planning principles and announcing Water Street as one of only three 2019 ‘Great Streets in America’ from the Great Places in America program, as designated by the American Planning Association. City Manager/CEO, Richard Derrick, invited representatives from Community Development and Services, Redevelopment, Planning Commission, Comprehensive Plan Implementation Advisory Committee, Redevelopment Agency Commission and the American Planning Association, to join the Mayor and Council at the podium for the presentation of the proclamation declaring Community Planning Month. Henderson City Council Regular Meeting Page 3 of 33 Tuesday, October 15, 2019 – Minutes PR-2 COMMENDATION HENDERSON HOSPITAL GOVERNMENT AND PUBLIC AFFAIRS Commendation recognizing Henderson Hospital for earning a second consecutive “A” hospital safety grade as one of the top 35 general hospitals in the United States. City Manager/CEO, Richard Derrick, invited Chief Nursing Officer, Tina Coker, to join the Mayor and Council at the podium for the presentation of the commendation recognizing Henderson Hospital for earning a second consecutive “A” hospital safety grade as one of the top 35 general hospitals. VI. CITY MANAGER'S REPORT City Manager/CEO, Richard Derrick, said the Henderson Police and Fire Departments, and a variety of safety vendors, met with over 5,000 residents at Henderson Police Department's National Night Out event on October 1, 2019, at the Henderson Pavilion. Mr. Derrick said this excellent program creates safer neighborhoods and fosters positive relationships between the Police Department and our residents. Mr. Derrick thanked Henderson Police Chief, Thedrick Andres, and the Community Relations Unit for furthering the City's commitment to community safety. City Manager/CEO, Richard Derrick, said the Water Street District was transformed into a classic car show experience during Henderson Hot Rod Days on October 4 and 5, 2019. Mr. Derrick said the event welcomed over 9,000 car enthusiasts, featured over 300 cars, and had music by the famed '70s rock band, Grand Funk Railroad. Mr. Derrick congratulated and thanked the Parks and Recreation Department and the Boulder City Cruisin' Association for their partnership on this successful event. City Manager/CEO, Richard Derrick, stated the City of Henderson won an award for Best Walking/Marching Entry at the Las Vegas PRIDE Parade held on October 11, 2019. Mr. Derrick thanked the City's diversity team, the employees that participated, the Henderson Police and Fire Departments, and Mayor March for leading Team Henderson. City Manager/CEO, Richard Derrick, stated in honor of National Customer Service Week, we celebrated Team Henderson employees for their commitment to our customers. Mr. Derrick said that Mayor March and Councilwoman Romero joined City staff for the inaugural award ceremony to recognize 17 employees who consistently provide premier customer service. Mr. Derrick congratulated each of the awardees. Henderson City Council Regular Meeting Page 4 of 33 Tuesday, October 15, 2019 – Minutes VII. CONSENT AGENDA CA-3 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS OCTOBER 1, 2019 CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of October 1, 2019. (Motion) Councilwoman Michelle Romero moved to adopt the City Council Committee and Regular Meeting minutes of October 1, 2019. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-4 PROPOSED 2020 REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING DATES CITY CLERK'S OFFICE Schedule the 2020 Redevelopment Agency and City Council meeting dates. (Motion) Councilwoman Michelle Romero moved to approve the 2020 Redevelopment Agency and City Council meeting dates. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 5 of 33 Tuesday, October 15, 2019 – Minutes CA-5 GRANT AWARD STATE OF NEVADA DEPARTMENT OF PUBLIC SAFETY (DPS), DIVISION OF EMERGENCY MANAGEMENT (DEM), OFFICE OF HOMELAND SECURITY (OHS), 2017 STATE HOMELAND SECURITY PROGRAM (SHSP) FIRE DEPARTMENT Grant Award from the State of Nevada Department of Public Safety (DPS), Division of Emergency Management (DEM), Office of Homeland Security (OHS), FFY17 State Homeland Security Program (SHSP), for exercise expenses in the amount of $6,880.00, authorize the Fire Chief, or his designee, to sign documents that provide required certifications, and authorize expenditure of funds. (Motion) Councilwoman Michelle Romero moved to accept the Grant Award from the State of Nevada Department of Public Safety (DPS), Division of Emergency Management (DEM), Office of Homeland Security (OHS), FFY17 State Homeland Security Program (SHSP), for exercise expenses in the amount of $6,880.00, authorize the Fire Chief, or his designee, to sign documents that provide required certifications, and authorize expenditure of funds. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-6 GRANT AWARD FIRST RESPONDERS-COMPREHENSIVE ADDICTION AND RECOVERY ACT GRANT PROGRAM SOUTHERN NEVADA HEALTH DISTRICT POLICE DEPARTMENT Grant Award from Southern Nevada Health District to the Henderson Police Department, for 350 Narcan/Naloxone kits (bags, single dose, mask, gloves), valued at $20,751.50, for the administration of naloxone for emergency treatment of known or suspected opioid overdose. Henderson City Council Regular Meeting Page 6 of 33 Tuesday, October 15, 2019 – Minutes (Motion) Councilwoman Michelle Romero moved to accept the Grant Award from Southern Nevada Health District to the Henderson Police Department, for 350 Narcan/Naloxone kits (bags, single dose, mask, gloves), valued at $20,751.50, for the administration of naloxone for emergency treatment of known or suspected opioid overdose The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-7 AWARD INVITATION FOR BIDS (IFB) 110-20 O'CALLAGHAN PARK LANDSCAPE & IRRIGATION RENOVATION FUNDING SOURCE: GENERAL FUND, PARK DEVELOPMENT, PARKS AND RECREATION MAINTENANCE CMTS NO. 22033 PUBLIC WORKS Award Invitation for Bids (IFB) 110-20, O'Callaghan Park Landscape & Irrigation Renovation, to Urban Habitat, in the amount of $1,242,000.00; approve a total project budget of $1,366,200.00; approve the contract between Urban Habitat and the City of Henderson in the amount of the bid; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. (Motion) Councilwoman Michelle Romero moved to award Invitation for Bids (IFB) 110-20, O'Callaghan Park Landscape & Irrigation Renovation, to Urban Habitat, in the amount of $1,242,000.00; approve a total project budget of $1,366,200.00; approve the contract between Urban Habitat and the City of Henderson in the amount of the bid; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 7 of 33 Tuesday, October 15, 2019 – Minutes CA-8 AWARD CONSTRUCTION CONTRACT 2020 ON-CALL PAVEMENT PATCHING FUNDING SOURCE: GAS TAX AND DEPARTMENT OF UTILITY SERVICES (DUS) FUNDING CMTS NO. 21928 PUBLIC WORKS Award Construction Contract No. 21928, On-Call Pavement Patching, to American Pavement Preservation, in the amount of $2,832,927.37; authorize the City Manager/CEO, or his designee, to execute the contract for the City; approve the project budget in the amount of $3,098,138.00; and authorize the Director of Public Works, or his designee, to approve change orders within the project budget. (Motion) Councilwoman Michelle Romero moved to award Construction Contract No. 21928, On-Call Pavement Patching, to American Pavement Preservation, in the amount of $2,832,927.37; authorize the City Manager/CEO, or his designee, to execute the contract for the City; approve the project budget in the amount of $3,098,138.00; and authorize the Director of Public Works, or his designee, to approve change orders within the project budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-9 AWARD CONSTRUCTION CONTRACT RECTANGULAR RAPID FLASHING BEACONS – PHASE 3 FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 21860 PUBLIC WORKS Award Construction Contract No. 21860, Rectangular Rapid Flashing Beacons – Phase 3, to Muller Construction, in the amount of $476,295.25; authorize the City Manager/CEO, or his designee, to execute the contract for the City; approve the overall project budget in the amount of $556,295.25; and authorize the Director of Public Works, or his designee, to approve change orders within the project budget. Henderson City Council Regular Meeting Page 8 of 33 Tuesday, October 15, 2019 – Minutes (Motion) Councilwoman Michelle Romero moved to award Construction Contract No. 21860, Rectangular Rapid Flashing Beacons – Phase 3, to Muller Construction, in the amount of $476,295.25; authorize the City Manager/CEO, or his designee, to execute the contract for the City; approve the overall project budget in the amount of $556,295.25; and authorize the Director of Public Works, or his designee, to approve change orders within the project budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-10 AWARD CONSTRUCTION CONTRACT WATER STREET AND GRAND CADENCE DRIVE FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA, CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT (CCRFCD), AND DEPARTMENT OF UTILITY SERVICES (DUS) CMTS NO. 20630 PUBLIC WORKS Award Construction Contract No. 20630, Water Street and Grand Cadence Drive, to Las Vegas Paving Corp., in the amount of $4,000,000.00; approve the project budget in the amount of $4,478,693.00; authorize the City Manager/CEO, or his designee, to execute the contract for the City; and authorize the Director of Public Works, or his designee, to execute change orders within the project Councilwoman Michelle Romero made the following disclosure statement: “CA-10 is the award of a construction contract for street improvements near Water Street and Grand Cadence Drive. I need to disclose that my husband and son work for Las Vegas Paving. I believe that my husband’s and son’s employment with Las Vegas Paving is a conflict of interest that could be perceived to affect the independence of judgement on this matter. Accordingly, I will abstain from deliberation and voting on this matter.” Henderson City Council Regular Meeting Page 9 of 33 Tuesday, October 15, 2019 – Minutes (Motion) Councilman Dan H. Stewart moved to award Construction Contract No. 20630, Water Street and Grand Cadence Drive, to Las Vegas Paving Corp., in the amount of $4,000,000.00; approve the project budget in the amount of $4,478,693.00; authorize the City Manager/CEO, or his designee, to execute the contract for the City; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: Michelle Romero. Mayor March declared the motion carried. CA-11 INTERLOCAL CONTRACT ANTHEM ROSE TRAIL AND PEDESTRIAN BRIDGE PROJECT 190K-Q10 REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 22021 PUBLIC WORKS Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to provide funding for the construction of Project 190K-Q10, Anthem Rose Trail and Pedestrian Bridge, in the amount of $200,000.00. (Motion) Councilwoman Michelle Romero moved to approve the Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to provide funding for the construction of Project 190K-Q10, Anthem Rose Trail and Pedestrian Bridge, in the amount of $200,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 10 of 33 Tuesday, October 15, 2019 – Minutes CA-12 AGREEMENT FILE SERVER UTILIZATION PROJECT THOMAS GALLAWAY CORPORATION, DBA TECHNOLOGENT FUNDING SOURCE: IT INFRASTRUCTURE REPLACEMENT CMTS NO. 21978 DEPARTMENT OF INFORMATION TECHNOLOGY Agreement between the City of Henderson and Thomas Gallaway Corporation, dba Technologent, to provide information technology professional services for the File Server Presentation and Active Directory Role-Based Permissions projects, in the estimated amount of $251,025.00, with the term of the agreement to expire June 30, 2021. (Motion) Councilwoman Michelle Romero moved to approve the Agreement between the City of Henderson and Thomas Gallaway Corporation, dba Technologent, to provide information technology professional services for the File Server Presentation and Active Directory Role-Based Permissions projects, in the estimated amount of $251,025.00, with the term of the agreement to expire June 30, 2021. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-13 FIRST AMENDMENT INTERLOCAL PROFESSIONAL SERVICES AGREEMENT SOUTHERN NEVADA HEALTH DISTRICT (SNHD) CMTS NO. 21345 PARKS AND RECREATION, COMMUNITY DEVELOPMENT AND SERVICES First Amendment to the Interlocal Professional Services Agreement between the City of Henderson and the Southern Nevada Health District (SNHD), to provide an additional $20,000.00 from the SNHD's Racial and Ethnic Approaches to Community Health (REACH) grant, to support the City's efforts to promote healthy communities, and to extend the term of the agreement through September 29, 2020. Henderson City Council Regular Meeting Page 11 of 33 Tuesday, October 15, 2019 – Minutes (Motion) Councilwoman Michelle Romero moved to approve First Amendment to the Interlocal Professional Services Agreement between the City of Henderson and the Southern Nevada Health District (SNHD), to provide an additional $20,000.00 from the SNHD's Racial and Ethnic Approaches to Community Health (REACH) grant, to support the City's efforts to promote healthy communities, and to extend the term of the agreement through September 29, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-14 AMENDMENT TO THE MASTER SOFTWARE LICENSE, SUPPORT AND SERVICES AGREEMENT HYLAND SOFTWARE, INC FUNDING SOURCE: CITYWIDE SERVICES CMTS NO. 21722 DEPARTMENT OF INFORMATION TECHNOLOGY Amendment to the Master Software License, Support and Services Agreement for Agenda Management and Public Records Systems in the amount of $11,311.50 for a revised contract total of $861,320.50. (Motion) Councilwoman Michelle Romero moved to approve the Amendment to the Master Software License, Support and Services Agreement for Agenda Management and Public Records Systems in the amount of $11,311.50 for a revised contract total of $861,320.50. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 12 of 33 Tuesday, October 15, 2019 – Minutes CA-15 AGREEMENT AMENDMENT #2 ENGINEERING SERVICES SUNRIDGE HEIGHTS PARKWAY FINAL DESIGN EXECUTIVE AIRPORT DRIVE TO SEVEN HILLS PARKWAY PROJECT 192A ADVANTAGE CIVIL DESIGN GROUP LLP FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 19273 PUBLIC WORKS Amendment #2 to Engineering Services Agreement between the City of Henderson and Advantage Civil Design Group LLP, to provide engineering services for the Sunridge Heights Parkway, Executive Airport Drive to Seven Hills Parkway project, in the amount of $131,145.00, which includes supplemental services not to exceed $15,000.00, for a total revised contract amount of $462,790.00. (Motion) Councilwoman Michelle Romero moved to approve Amendment #2 to Engineering Services Agreement between the City of Henderson and Advantage Civil Design Group LLP, to provide engineering services for the Sunridge Heights Parkway, Executive Airport Drive to Seven Hills Parkway project, in the amount of $131,145.00, which includes supplemental services not to exceed $15,000.00, for a total revised contract amount of $462,790.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-16 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-16 PROJECT R-22 LLV-1, LLC CMTS NO. 13104 FINANCE DEPARTMENT Payment and acquisition costs relating to Local Improvement District (LID) T-16, Project R-22 to LLV-1, LLC, in the amount of $12,196.29 to be paid from T-16 Bond Proceeds. Henderson City Council Regular Meeting Page 13 of 33 Tuesday, October 15, 2019 – Minutes (Motion) Councilwoman Michelle Romero moved to approve the Payment and acquisition costs relating to Local Improvement District (LID) T-16, Project R-22 to LLV-1, LLC, in the amount of $12,196.29 to be paid from T-16 Bond Proceeds. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-17 PURCHASE ORDER SEVENTY-FIVE (75) ULTRAVIOLET (UV) TRANSMITTANCE MONITORS AQUIONICS, INC. FUNDING SOURCE: WATER FUNDS DEPARTMENT OF UTILITY SERVICES Issuance of a purchase order to Aquionics, Inc., for a one-time purchase of seventy-five (75) ultraviolet (UV) transmittance monitors, in the amount of $113,527.00. (Motion) Councilwoman Michelle Romero moved to approve the Issuance of a purchase order to Aquionics, Inc., for a one-time purchase of seventy-five (75) ultraviolet (UV) transmittance monitors, in the amount of $113,527.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-18 BUDGET AUGMENTATION REFRESH AND EXPAND CURRENT SERVER AND STORAGE ASSETS DELL MARKETING L.P. AND ZUNESIS FUNDING SOURCE: IT INFRASTRUCTURE REPLACEMENT FUND DEPARTMENT OF INFORMATION TECHNOLOGY Budget augmentation from the IT Infrastructure Replacement Fund Balance to refresh and expand current server and storage assets, in the estimated amount of $311,000.00; and authorization to purchase the assets from Dell Marketing L.P., in the estimated amount of $182,000.00, and Zunesis in the estimated amount of $129,000.00. Henderson City Council Regular Meeting Page 14 of 33 Tuesday, October 15, 2019 – Minutes (Motion) Councilwoman Michelle Romero moved to approve the budget augmentation from the IT Infrastructure Replacement Fund Balance to refresh and expand current server and storage assets, in the estimated amount of $311,000.00; and authorization to purchase the assets from Dell Marketing L.P., in the estimated amount of $182,000.00, and Zunesis in the estimated amount of $129,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-19 BUDGET AUGMENTATION COMMERCIAL VEHICLE SIGNAL PRIORITY ATKINS NORTH AMERICA, INC. FUNDING SOURCE: TRAFFIC PARTICIPATION REVENUE (DEVELOPER CONTRIBUTIONS) CMTS NO. 21925 PUBLIC WORKS Budget augmentation to allocate developer traffic signal funds for an agreement between the City of Henderson and Atkins North America, Inc., for the purpose of engineering services to investigate the implementation of commercial vehicle signal priority, in the amount of $63,586.00. (Motion) Councilwoman Michelle Romero moved to approve the budget augmentation to allocate developer traffic signal funds for an agreement between the City of Henderson and Atkins North America, Inc., for the purpose of engineering services to investigate the implementation of commercial vehicle signal priority, in the amount of $63,586.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 15 of 33 Tuesday, October 15, 2019 – Minutes CA-20 CASH REQUIREMENTS REGISTER AUGUST 29, 2019, THROUGH SEPTEMBER 25, 2019 FINANCE DEPARTMENT Cash Requirements Register for the period of August 29, 2019, through September 25, 2019, in the amount of $33,090,136.98. (Motion) Councilwoman Michelle Romero moved to approve the Cash Requirements Register for the period of August 29, 2019, through September 25, 2019, in the amount of $33,090,136.98. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-21 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER VISION AND LIGHT PAINTINGS LLC APPLICANT: VISION AND LIGHT PAINTINGS LLC Application for the Psychic Arts Practitioner business license for Vision and Light Paintings LLC, doing business at Spirit & Spark, 9480 South Eastern Avenue, Suite 269, Henderson, Nevada 89123. (Motion) Councilwoman Michelle Romero moved to approve the application for the Psychic Arts Practitioner business license for Vision and Light Paintings LLC, doing business at Spirit & Spark, 9480 South Eastern Avenue, Suite 269, Henderson, Nevada 89123. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 16 of 33 Tuesday, October 15, 2019 – Minutes CA-22 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE HUMBOLDT SWEETS APPLICANT: PICACAB, LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for PICACAB, LLC, dba Humboldt Sweets, 670 South Green Valley Parkway, Suite 110, Henderson, Nevada 89052. (Motion) Councilwoman Michelle Romero moved to approve the application for the Beer, Wine, and Spirit-Based Prodcuts On-Sale business license for PICACAB, LLC, dba Humboldt Sweets, 670 South Green Valley Parkway, Suite 110, Henderson, Nevada 89052. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-23 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY C NATURAL TWENTY APPLICANT: NATURAL TWENTY GAMES LLC Application for the Secondhand Dealer, Category C business license for Natural Twenty Games LLC, dba Natural Twenty, 4350 East Sunset Road, Suite 109, Henderson, Nevada 89014. (Motion) Councilwoman Michelle Romero moved to approve the application for the Secondhand Dealer, Category C business license for Natural Twenty Games LLC, dba Natural Twenty, 4350 East Sunset Road, Suite 109, Henderson, Nevada 89014, pending verification of compliance with State of Nevada, Division of Industrial Relations insurance requirements. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 17 of 33 Tuesday, October 15, 2019 – Minutes CA-24 BUSINESS LICENSE MASSAGE ESTABLISHMENT TRUE HEALTH ACUPUNCTURE APPLICANT: TRUE HEALTH ACUPUNCTURE LLC Application for the Massage Establishment business license for True Health Acupuncture LLC, dba True Health Acupuncture, 1481 West Warm Springs Road, Suite 129, Henderson, Nevada 89014. (Motion) Councilwoman Michelle Romero moved to approve the application for the Massage Establishment business license for True Health Acupuncture LLC, dba True Health Acupuncture, 1481 West Warm Springs Road, Suite 129, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-25 DEVELOPMENT AGREEMENT DEV-2019003652 - STARR/BERMUDA APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, RYLAND HOMES NEVADA, LLC Development Agreement between the City of Henderson and Ryland Homes Nevada, LLC, for the development of 41.3 acres, generally located at Starr Avenue and Bermuda Road, in the Westgate Planning Area. (Motion) Councilwoman Michelle Romero moved to approve the Development Agreement between the City of Henderson and Ryland Homes Nevada, LLC, for the development of 41.3 acres, generally located at Starr Avenue and Bermuda Road, in the Westgate Planning Area. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 18 of 33 Tuesday, October 15, 2019 – Minutes CA-26 DEVELOPMENT AGREEMENT DEV-2019003785 - INSPIRADA TOWN CENTER LOTS 23, 24, 25, AND 26B APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, PARDEE HOMES OF NEVADA Development Agreement between the City of Henderson and Pardee Homes of Nevada, for the development of 25.29 acres, generally located at the southwest corner of Bicentennial Parkway and Via Contessa, in the West Henderson Planning Area. (Motion) Councilwoman Michelle Romero moved to approve the Development Agreement between the City of Henderson and Pardee Homes of Nevada, for the development of 25.29 acres, generally located at the southwest corner of Bicentennial Parkway and Via Contessa, in the West Henderson Planning Area. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. CA-27 ANNEXATION PETITION WEST HENDERSON - CHAPARRAL AND DALE – 10.1 ACRES APPLICANT: PUBLIC WORKS, MARINA PLON, M.D. LTD, PROFIT SHARING PLAN AND TRUST Petition for annexation of approximately 10.1 acres, more or less, of real property, generally located northeast of Chaparral Road and Dale Avenue in Section 10, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-10-201-008, -009, -010, -011, -012 (including adjacent roadways). (Motion) Councilwoman Michelle Romero moved to accept the annexation petition of approximately 10.1 acres, more or less, of real property, generally located northeast of Chaparral Road and Dale Avenue in Section 10, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-10-201-008, -009, -010, -011, -012 (including adjacent roadways). The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 19 of 33 Tuesday, October 15, 2019 – Minutes VIII. UNFINISHED BUSINESS UB-28 CONTINUED ZONE CHANGE AMENDMENT ZCA-2017880637-A1 SAGE MOUNTAIN MASTER PLAN (AKA LVR HEADQUARTERS) APPLICANT: LVR REAL PROPERTY, LLC Amend a zone change/master plan to revise the “Sage Mountain Design Guidelines” to: 1) eliminate landscape buffer trees along the south property line within the drainage easement; 2) add perimeter fencing requirements; and 3) add mechanical screening requirements, on 55.6 acres, located approximately 840 feet northwest of the intersection of Bruner Avenue and Executive Airport Drive, in the West Henderson Planning Area. (Continued from the October 1, 2019, City Council Regular Meeting.) Michael Tassi, Community Development and Services Director, presented a summary of this item and stated there is a staff memorandum, dated October 15, 2019, which provides clarification of the perimeter fencing requirements and adds a condition of approval related to maintenance of that perimeter fence. He said both staff and the Planning Commission recommend approval. David Brown, 89101, representing the applicant, concurred with the recommendation. (Motion) Councilman John F. Marz moved to approve ZCA-2017880637-A1, subject to findings of fact, conditions, a waiver, and the staff memorandum, dated October 15, 2019, which provides clarification of the perimeter fencing requirements and adds a condition of approval related to the maintenance of that perimeter fence. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. Henderson City Council Regular Meeting Page 20 of 33 Tuesday, October 15, 2019 – Minutes 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 CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. Permitted uses, prohibited uses, restricted uses, limited uses, and property development standards, as listed in the Sage Mountain Master Plan Design Standards, shall be as approved by this application. In the case of a conflict between the approved uses and property development standards and City ordinances, unless specifically approved as a waiver, the most restrictive shall prevail. Henderson City Council Regular Meeting Page 21 of 33 Tuesday, October 15, 2019 – Minutes 4. The applicant must file Federal Aviation Administration (FAA) Form 7460-1 with the FAA. Final building heights shall be approved by the Federal Aviation Administration in compliance with Federal Aviation Regulations, Part 77. 5. Any future development shall execute and record a form of a development agreement, which is based on the Public Facilities Needs Assessment contribution for park facilities, emergency services, and utilities. No permits shall be issued until the development agreement has executed and recorded. 6. Applicant shall provide FAA approval letter of determination "Determination of No Hazard to Air Navigation" prior to issuance of a building permit. 7. Developer shall be responsible for the maintenance of the chain-link covers such that they do not become tattered or disconnected from the chain-link. Developer shall ensure that the covers are replaced in a timely manner. Should maintenance issues related to the covering persist, the developer shall submit an amendment to this master plan so that City Council may consider alternative solutions. WAIVER a. Allow building heights up to 150 feet, subject to FAA approval. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 22 of 33 Tuesday, October 15, 2019 – Minutes IX. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE O-29 BILL NO. 3370 ZCA-2019003161 BERMUDA AND LARSON APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, DR HORTON, INC. City Manager/CEO Derrick introduced and read Ordinance No. 3327 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., CLARK COUNTY, NEVADA, LOCATED AT THE NORTHWEST CORNER OF BERMUDA ROAD AND EAST LARSON LANE, IN THE WEST HENDERSON PLANNING AREA, TO APPLY CITY OF HENDERSON RS-8 (LOW-DENSITY RESIDENTIAL) ZONING DESIGNATION TO 15.0 ACRES OF PROPERTY WITH NO ESTABLISHED ZONING. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3370 as Ordinance No. 3627. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 23 of 33 Tuesday, October 15, 2019 – Minutes O-30 BILL NO. 3371 ZCA-2009660018-A4 HENDERSON 10 APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, BRASS CAP DEVELOPMENT City Manager/CEO Derrick introduced and read Ordinance No. 3628 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 5 ACRES GENERALLY LOCATED SOUTHWEST OF THE EAST BRUNER AVENUE AND AMIGO STREET INTERSECTION IN THE WEST HENDERSON PLANNING AREA TO AMEND A ZONE CHANGE TO ADD ACREAGE TO THE LIMITED TRANSITION AREA (LTA) NORTH SITE AND APPLY CITY OF HENDERSON IP-MP (INDUSTRIAL PARK WITH MASTER PLAN OVERLAY) ZONING DESIGNATION TO PROPERTY WITH NO ESTABLISHED ZONING. (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3371 as Ordinance No. 3628. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 24 of 33 Tuesday, October 15, 2019 – Minutes O-31 BILL NO. 3372 ZCA-2019003494 E. LAKE MEAD PARKWAY STORAGE APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, LAKE MEAD PARKWAY SELF STORAGE, LLC City Manager/CEO Derrick introduced and read Ordinance No. 3629 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT THE NORTHEASTERLY CORNER OF LAKE MEAD PARKWAY AND DUNCAN WAY IN THE CALICO RIDGE PLANNING AREA FROM IP-RD (INDUSTRIAL PARK WITH REDEVELOPMENT OVERLAY) TO CC-RD (COMMUNITY COMMERCIAL WITH REDEVELOPMENT OVERLAY). (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3372 as Ordinance No. 3629. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 25 of 33 Tuesday, October 15, 2019 – Minutes O-32 BILL NO. 3374 ZCA-2010660007-A7 BLACK MOUNTAIN BUSINESS PARK APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, OPTIMUMEDICINE, LLC City Manager/CEO Derrick introduced and read Ordinance No. 3630 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 14, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 5.0 ACRES LOCATED AT 900 WIGWAM PARKWAY IN THE GIBSON SPRINGS PLANNING AREA, TO REVISE THE DESIGN GUIDELINES/STANDARDS FOR BLACK MOUNTAIN BUSINESS PARK TO ALLOW AN AMBULANCE SERVICE AS A PERMITTED USE IN THE IG-MP ZONING DISTRICT. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3374 as Ordinance No. 3630. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 26 of 33 Tuesday, October 15, 2019 – Minutes O-33 BILL NO. 3375 ZCA-2019003462 BRISTLECONE PINE AT MISSION HILLS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, SERIES OF OXYLUS, LLC City Manager/CEO Derrick introduced and read Ordinance No. 3631 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 2.5 ACRES LOCATED AT THE SOUTHEAST CORNER OF CALVERT STREET AND MISSION DRIVE IN THE PARADISE HILLS PLANNING AREA FROM RS-1 (LOW-DENSITY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL). (Motion) Councilman John F. Marz moved to adopt Bill No. 3375 as Ordinance No. 3631. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. O-34 BILL NO. 3376 AMENDMENT TO HENDERSON MUNICIPAL CODE CHAPTER 8.02 CITY ATTORNEY'S OFFICE City Manager/CEO Derrick introduced and read Ordinance No. 3632 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND HENDERSON MUNICIPAL CODE CHAPTER 8.02 – VIOLATION OF STATE LAW, OF TITLE 8 - PUBLIC PEACE AND SAFETY. Mayor March opened a public hearing, asking if there was anyone present wishing to speak for or against this item. William Horne, representing SafeNest, expressed concerns regarding removing the firearm provision from the Henderson Municipal Code Chapter 8.02 out of fear for the safety of victims and law enforcement officers responding to domestic violence calls. He requested the City Council take additional time to have further discussion about alternative options that do not remove the firearms provision. Henderson City Council Regular Meeting Page 27 of 33 Tuesday, October 15, 2019 – Minutes Liz Ortenburger, CEO for SafeNest, concurred with Mr. Horne’s statements and stated that Nevada has the second highest rate for homicides related to domestic violence in the country. She said Henderson is the fourth largest processor of misdemeanor domestic violence cases in the state. Ms. Ortenburger requested the City Council seek a different solution since only about five percent of domestic battery cases go to a jury trial. There being no one else wishing to speak, the public hearing was closed. Nicholas Vaskov, City Attorney, informed the City Council that a provision in State law grants the Council authority to pass this ordinance. He also shared the concern about the firearms provision; however, he believes this proposed ordinance is the best option available for the City at this time because Henderson Municipal Court judges are in the best position to protect potential domestic violence victims. Mr. Vaskov clarified that firearms were not physically confiscated from convicted domestic violence offenders under the original provision; rather, the original provision required the offenders to relinquish their firearms. Following an inquiry by Councilman Stewart regarding how domestic battery cases would be handled if the ordinance does not pass, Mr. Vaskov stated the Henderson Municipal Court does not have the capacity to conduct jury trials; therefore, domestic battery cases would have to be referred to Justice or District Court. Councilman Marz requested clarification regarding some of the statistics cited in the Public Comment. Ms. Ortentburger responded that the American Journal of Public Health reported that the likelihood of a domestic violence victim being murdered is 500 percent higher when a firearm is in the home of the person committing the battery. Councilwoman Romero inquired if there can be increased sentencing conditions added to this ordinance to further protect victims. Marc Schifalacqua, Senior Assistant City Attorney Criminal Division, expressed the importance of keeping Henderson domestic violence cases tried at the Henderson Municipal Court because Municipal Court judges have the ability to place additional sentencing conditions to protect victims. Mr. Schifalacqua stated the City of Henderson has a probation department to specifically monitor offenders. Mayor March requested this matter be readdressed before the Council at a future Council Meeting. Henderson City Council Regular Meeting Page 28 of 33 Tuesday, October 15, 2019 – Minutes Councilwoman Romero requested a cost estimate of establishing the infrastructure needed to conduct jury trials at the Henderson Municipal Court level. Mr. Vaskov stated in six months, he will provide the Council a comprehensive report on how staff is administering the ordinance and the cost estimates Councilwoman Romero requested. (Motion) Councilman John F. Marz moved to adopt Bill No. 3376 as Ordinance No. 3632. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. X. NEW BUSINESS NB-35 BUSINESS LICENSE MEDICAL MARIJUANA ESTABLISHMENT – CLASS V (CULTIVATION) AND MEDICAL MARIJUANA ESTABLISHMENT – CLASS VI (PRODUCTION) UNIFERN L.L.C. APPLICANT: UNIFERN L.L.C. Application for change of ownership interest for the Medical Marijuana Establishment – Class V (Cultivation), and Medical Marijuana Establishment – Class VI (Production) business licenses for Unifern L.L.C., 7720 Eastgate Road, Henderson, Nevada 89011. City Manager/CEO Derrick stated the recommendation for this item has been modified to be continued to the November 5, 2019, City Council Regular Meeting at the request of staff. Councilman Dan H. Stewart made the following disclosure statement: “My son, Daniel Stewart, or the law firm Hutchison and Steffen, previously represented the applicant, Unifern L.L.C., and/or its owner, Semyon Shtayner, before this Council. However, I am unaware if any ongoing business relationship with the applicant exists; therefore, for purposes of the requested continuance of these two items, this conflict of interest would not compromise the independent of judgement of a reasonable person in my situation. Therefore, I will be voting on this matter.” Henderson City Council Regular Meeting Page 29 of 33 Tuesday, October 15, 2019 – Minutes (Motion) Councilwoman Michelle Romero moved to approve the request to be continued to the November 5, 2019, City Council Regular Meeting, at the request of staff. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. NB-36 BUSINESS LICENSE MARIJUANA CULTIVATION FACILITY AND MARIJUANA PRODUCT MANUFACTURING FACILITY UNIFERN L.L.C. APPLICANT: UNIFERN L.L.C. Application for the Marijuana Cultivation Facility and Marijuana Product Manufacturing Facility business licenses for Unifern L.L.C., 7720 Eastgate Road, Henderson, Nevada 89011. City Manager/CEO Derrick stated the recommendation for this item has been modified to be continued to the November 5, 2019, City Council Regular Meeting at the request of staff. Councilman Dan H. Stewart made the following disclosure statement: “My son, Daniel Stewart, or the law firm Hutchison and Steffen, previously represented the applicant, Unifern L.L.C., and/or its owner, Semyon Shtayner, before this Council. However, I am unaware if any ongoing business relationship with the applicant exists; therefore, for purposes of the requested continuance of these two items, this conflict of interest would not compromise the independent of judgement of a reasonable person in my situation. Therefore, I will be voting on this matter.” (Motion) Councilwoman Michelle Romero moved to approve the request to be continued to the November 5, 2019, City Council Regular Meeting, at the request of staff. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 30 of 33 Tuesday, October 15, 2019 – Minutes XI. BILLS TO BE READ IN TITLE B-37 CONTINUED ACCOMPANYING BILL NO. 3373 FOR UB-28 ZCA-2017880637-A1 SAGE MOUNTAIN MASTER PLAN (AKA LVR HEADQUARTERS) APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, LVR REAL PROPERTY, LLC City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 3, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M. D & M., CLARK COUNTY, NEVADA, ON 55.3 ACRES LOCATED APPROXIMATELY 840 FEET NORTHWEST OF THE INTERSECTION OF BRUNER AVENUE AND EXECUTIVE AIRPORT DRIVE IN THE WEST HENDERSON PLANNING AREA TO AMEND AN APPROVED MASTER PLAN TO REVISE THE “COH SAGE MOUNTAIN MASTER PLAN DESIGN GUIDELINES” TO: 1) ELIMINATE LANDSCAPE BUFFER TREES ALONG THE SOUTH PROPERTY LINE WITHIN THE DRAINAGE EASEMENT; 2) ADD PERIMETER FENCING REQUIREMENTS; AND 3) ADD MECHANICAL SCREENING REQUIREMENTS. (Continued from the October 1, 2019, City Council Regular Meeting.) (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3373 to the Committee Meeting of November 5, 2019, for discussion. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 31 of 33 Tuesday, October 15, 2019 – Minutes B-38 ACCOMPANYING BILL NO. 3377 FOR CA-25 DEV-2019003652 – STARR/BERMUDA APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, RYLAND HOMES NEVADA, LLC City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND RYLAND HOMES NEVADA, LLC, FOR THE DEVELOPMENT OF 41.3 ACRES, GENERALLY LOCATED AT THE STARR AVENUE AND BERMUDA ROAD IN THE WESTGATE PLANNING AREA. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3377 to the Committee Meeting of November 5, 2019, for discussion. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. B-39 ACCOMPANYING BILL NO. 3378 FOR CA-26 DEV-2019003785 – INSPIRADA TOWN CENTER LOTS 23, 24, 25, AND 26B APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, PARDEE HOMES OF NEVADA City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND PARDEE HOMES OF NEVADA, FOR THE DEVELOPMENT OF 25.29 ACRES, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF BICENTENNIAL PARKWAY AND VIA CONTESSA IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3378 to the Committee Meeting of November 5, 2019, for discussion. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 32 of 33 Tuesday, October 15, 2019 – Minutes B-40 ACCOMPANYING BILL NO. 3379 FOR CA-27 ANNEXATION OF 10.1 ACRES – CHAPARRAL AND DALE APPLICANT: THE MARINA PLON, M.D., LTD PROFIT SHARING PLAN AND TRUST City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 10.1 ACRES OF REAL PROPERTY GENERALLY LOCATED NORTHEAST OF CHAPARRAL ROAD AND DALE AVENUE IN SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., CONSISTING OF APN 191-10-201-008, -009, -010, -011, -012 (INCLUDING ADJACENT ROADWAYS) AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON, AND THE MARINA PLON, M.D. LTD PROFIT SHARING PLAN AND TRUST WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3379 to the Committee Meeting of November 5, 2019, for discussion. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, and Dan H. Stewart. Those voting nay: None. Those absent: Dan K. Shaw. Those abstaining: None. Mayor March declared the motion carried. XII. MAYOR\COUNCILMEMBER COMMENTS There were no Mayor\Councilmember comments presented. XIII. SET MEETING The Committee Meeting for November 5, 2019, was set for 5:45 p.m. XIV. PUBLIC COMMENT Linda Buckardt, 89052, expressed concerns regarding the cost of union labor and laws requiring charter schools to hire union workers. She inquired if there is anything in place to require builders to use both union and non-union workers to mitigate project expenses for the City. Henderson City Council Regular Meeting Page 33 of 33 Tuesday, October 15, 2019 – Minutes XV. ADJOURNMENT There being no further business to come before the Council, Mayor March, in concurrence with the Council, adjourned the Regular Meeting at 6:42 p.m. PASSED AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2019. ______________________ Debra March Mayor ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk