City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, July 21, 2020 I. CALL TO ORDER Mayor March called the Regular Meeting to order at 3:30 p.m., in the City Council Chambers, City Hall, 240 South Water Street, Henderson, Nevada 89015. Mayor March announced due to the COVID-19 related Public Meeting Restrictions in effect at this time, there will be no in-person attendance at this meeting, and those present will be practicing social distancing in conformance with the State of Nevada Executive Department Declaration of Emergency Directive 006, dated March 22, 2020, and extended by the following Emergency Directives: Emergency Directive 010, dated March 31, 2020; Emergency Directive 016, dated April 29, 2020; Emergency Directive 018, dated May 7, 2020; Emergency Directive 21, dated May 28, 2020; and Emergency Directive 26, dated June 29, 2020, extending public meeting closures and restrictions through July 31, 2020, at 11:59 p.m. The public may view or listen to this meeting online at https://cityofhenderson.com/ or YouTube, and may submit written comments via WebEx or email at cityclerk@cityofhenderson.com or indicate their desire to speak on an item in real time via WebEx. Mayor March also stated if online participants experience any technical difficulties participating in today’s meeting, they may contact 702-267-2300 for assistance. 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 and Emailing List. Present: Debra March, Mayor Michelle Romero, Councilwoman John F. Marz, Councilman Dan K. Shaw, Councilman Dan H. Stewart, Councilman Absent: None Henderson City Council Regular Meeting Page 2 of 36 Tuesday, July 21, 2020 – Minutes Officers: Richard Derrick, City Manager/CEO Sabrina Mercadante, City Clerk Nicholas Vaskov, City Attorney Absent: None Staff: Michael Tassi, Community Development and Services Director Jim McIntosh, Chief Financial Officer Ed McGuire, Director of Public Works Amber Ellis, Supervising Deputy City Clerk April Parra, Administrative Deputy City Clerk Victoria Dasis, Deputy City Clerk III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Medical Services Officer, Monica Manig, from the Henderson Fire Department, and was followed by the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA PR-1 was continued to the August 4, 2020, City Council Meeting at the request of staff. CA-28 had a correction to the staff report in the backup, correcting the extension date to April 19, 2021, rather than April 19, 2020. PH-30, PH-31, and B-38 were continued to the August 4, 2020, City Council Meeting at the request of the applicant. (Motion) Councilwoman Michelle Romero moved to accept the agenda as amended. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 3 of 36 Tuesday, July 21, 2020 – Minutes V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PRESENTATION ECONOMIC UPDATE CITY MANAGER'S OFFICE A presentation on the current economic status of Southern Nevada by Jeremy Aguero, principal analyst with Applied Analysis. This item was continued to the August 4, 2020, City Council Meeting, at the request of staff. VI. CITY MANAGER'S REPORT City Manager/CEO, Richard Derrick, congratulated the Public Works and Parks and Recreation Departments on Whitney Ranch Recreation Center being named International Outstanding Building of the Year by BOMA, the Building Owners and Managers Association. VII. CONSENT AGENDA CA-2 MINUTES CITY COUNCIL COMMITTEE AND CITY COUNCIL SPECIAL MEETINGS JULY 7, 2020 CITY CLERK'S OFFICE City Council Committee and City Council Special Meeting minutes of July 7, 2020. (Motion) Councilman Dan H. Stewart moved to adopt the City Council Committee and City Council Special Meeting minutes of July 7, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 4 of 36 Tuesday, July 21, 2020 – Minutes CA-3 MINUTES CITY COUNCIL WORKSHOP MEETING JUNE 30, 2020 CITY CLERK'S OFFICE City Council Workshop Meeting minutes of June 30, 2020. (Motion) Councilman Dan H. Stewart moved to adopt the City Council Workshop Meeting minutes of June 30, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-4 CORRECTED MINUTES CITY COUNCIL REGULAR MEETING MAY 7, 2019 CITY CLERK'S OFFICE Correction to the City of Henderson City Council Regular Meeting minutes of May 7, 2019, Item PH-55, Operation and Closure Plan, The Black Mountain Golf and Country Club, which clarifies conditions and requirements that were read into the record by staff. Mayor March asked staff if there were any public comments related to CA-4. Sabrina Mercadante, City Clerk, stated there was one public comment received via email. Denell Hahn, 89015, voiced various concerns regarding the lack of maintenance at the former Black Mountain Golf Course. She stated a condition was added at the May 7, 2019, City Council meeting which required the developer to report to the Council every six months for a review of the closure plan. Ms. Hahn said a report has never been presented at a City Council meeting and requested a review process be conducted as it was intended. Ms. Hahn also expressed concerns regarding the length of time the course will continue to deteriorate due to the bankruptcy courts being closed. She said the courts anticipate that the sale will not close for several months due to the uncertainties of COVID-19. Henderson City Council Regular Meeting Page 5 of 36 Tuesday, July 21, 2020 – Minutes April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. At the request of Mayor March, Nick Vaskov, City Attorney, stated he will research the developer’s bankruptcy case. Councilwoman Romero requested City Code Enforcement officers visit the former Black Mountain Golf Course to enforce standards. She said she recently visited the location and the conditions were not acceptable. Councilwoman Romero offered to accompany officers on the visit. (Motion) Councilman Dan H. Stewart moved to adopt the Correction to the City of Henderson City Council Regular Meeting minutes of May 7, 2019, Item PH-55, Operation and Closure Plan, The Black Mountain Golf and Country Club, which clarifies conditions and requirements that were read into the record by staff. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-5 AWARD INVITATION FOR BIDS (IFB) 161-20 POTABLE WATER METERS & PARTS ANNUAL BLANKET PURCHASE ORDERS FUNDING SOURCE: WATER FUNDS CMTS NOS. 23626, 23623, 23625 DEPARTMENT OF UTILITY SERVICES Award Invitation for Bids (IFB) 161-20 Potable Water Meters & Parts, on a per lot basis to Core & Main, LP, Thirkettle Corporation dba Aqua-Metric Sales Company and Dana Kepner Company, Inc., for the purchase of potable water meters and parts, on an as-needed basis, in order to maintain the City's meter inventory, for the period of July 1, 2020, through June 30, 2021, with the option to renew for four (4) additional one-year periods; approve the issuance of a blanket purchase order to each of those vendors for an estimated total annual amount of $1,250,000.00 for all combined lots for FY21; and approve the contract between each vendor and the City. Henderson City Council Regular Meeting Page 6 of 36 Tuesday, July 21, 2020 – Minutes (Motion) Councilman Dan H. Stewart award the Invitation for Bids (IFB) 161-20 Potable Water Meters & Parts, on a per lot basis to Core & Main, LP, Thirkettle Corporation, dba Aqua-Metric Sales Company, and Dana Kepner Company, Inc., for the purchase of potable water meters and parts, on an as-needed basis, in order to maintain the City's meter inventory, for the period of July 1, 2020, through June 30, 2021, with the option to renew for four (4) additional one-year periods; approve the issuance of a blanket purchase order to each of those vendors for an estimated total annual amount of $1,250,000.00 for all combined lots for FY21; and, approve the contract between each vendor and the City. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-6 AGREEMENT ENGINEERING DESIGN SERVICES SITE 2 IMPROVEMENTS CAROLLO ENGINEERS, INC. FUNDING SOURCE: WATER FUNDS CMTS NO. 23651 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and Carollo Engineers, Inc., to provide engineering services for the design and development of construction documents for improvements at Site 2, in a not-to-exceed amount of $622,950.00. (Motion) Councilman Dan H. Stewart moved to approve the agreement between the City of Henderson and Carollo Engineers, Inc., to provide engineering services for the design and development of construction documents for improvements at Site 2, in a not-to-exceed amount of $622,950.00. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 7 of 36 Tuesday, July 21, 2020 – Minutes CA-7 AGREEMENT ENGINEERING & HYDRAULIC MODELING ON-CALL SERVICES BLACK & VEATCH CORPORATION FUNDING SOURCE: WATER FUNDS CMTS NO. 23648 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and Black & Veatch Corporation, to provide on-call engineering and hydraulic modeling services, in an amount not-to-exceed $300,000.00 through June 30, 2021, with the option to renew for four (4) additional one-year periods. (Motion) Councilman Dan H. Stewart moved to approve the agreement between the City of Henderson and Black & Veatch Corporation, to provide on-call engineering and hydraulic modeling services, in an amount not-to-exceed $300,000.00 through June 30, 2021, with the option to renew for four (4) additional one-year periods. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-8 AGREEMENT AMENDMENT #1 SEWER FLOW MONITORING ADS, LLC FUNDING SOURCE: SEWER FUNDS CMTS NO. 22019 DEPARTMENT OF UTILITY SERVICES Amendment #1 to the agreement between the City of Henderson and ADS, LLC, to authorize a project budget of $351,750.00 for Fiscal Year 2021; and to exercise the first renewal option to extend the term of the agreement to June 30, 2021. Henderson City Council Regular Meeting Page 8 of 36 Tuesday, July 21, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to approve Amendment #1 to the agreement between the City of Henderson and ADS, LLC, to authorize a project budget of $351,750.00 for Fiscal Year 2021; and to exercise the first renewal option to extend the term of the agreement to June 30, 2021. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-9 AGREEMENT AMENDMENT #1 ENGINEERING SERVICES TOWNSITE PHASE 3 – WATER & SEWER UTILITIES DESIGN STANLEY CONSULTANTS, INC. FUNDING SOURCE: WATER AND SEWER FUNDS CMTS NO. 21448 DEPARTMENT OF UTILITY SERVICES Amendment #1 to the agreement between the City of Henderson and Stanley Consultants, Inc., to modify the scope of services; to increase the not-to-exceed sum for all services from $593,027.00 to $709,306.00, an increase of $116,279.00; and to extend the term of the agreement to December 31, 2021. (Motion) Councilman Dan H. Stewart moved to approve Amendment #1 to the agreement between the City of Henderson and Stanley Consultants, Inc., to modify the scope of services; to increase the not-to-exceed sum for all services from $593,027.00 to $709,306.00, an increase of $116,279.00; and to extend the term of the agreement to December 31, 2021. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 9 of 36 Tuesday, July 21, 2020 – Minutes CA-10 AGREEMENT ENGINEERING AND DESIGN SERVICES EQUESTRIAN DRIVE AND MAGIC WAY ROAD HORROCKS ENGINEERS, INC. FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 23652 PUBLIC WORKS Agreement No. 23652 between the City of Henderson and Horrocks Engineers, Inc., for engineering and design services for Equestrian Drive and Magic Way Road Rehabilitation, in the amount of $706,290.00, with supplemental services not to exceed $50,000.00, for a total contract amount of $756,290.00. (Motion) Councilman Dan H. Stewart moved to approve Agreement No. 23652 between the City of Henderson and Horrocks Engineers, Inc., for engineering and design services for Equestrian Drive and Magic Way Road Rehabilitation, in the amount of $706,290.00, with supplemental services not to exceed $50,000.00, for a total contract amount of $756,290.00. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-11 INTERLOCAL CONTRACT ARTERIAL RECONSTRUCTION: 2019 CITY OF HENDERSON MAINTENANCE CONSTRUCTION; STEPHANIE STREET, I-215 TO UPRR PROJECT 135AL-MVFT REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 23654 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 135AL-MVFT, Arterial Reconstruction: 2019 City of Henderson Maintenance Construction; Stephanie Street, I-215 to UPRR, in the amount of $2,600,000.00. Henderson City Council Regular Meeting Page 10 of 36 Tuesday, July 21, 2020 – Minutes (Motion) Councilman Dan H. Stewart 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 135AL-MVFT, Arterial Reconstruction: 2019 City of Henderson Maintenance Construction; Stephanie Street, I-215 to UPRR, in the amount of $2,600,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-12 INTERLOCAL CONTRACT ENTITY NON-PROJECT SPECIFIC EXPENSES, FISCAL YEAR 2021 PROJECT 142X-MVFT REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 23655 PUBLIC WORKS Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, for project 142X-MVFT, Entity Non-Project Specific Expenses, Fiscal Year 2021, in the amount of $30,000.00. (Motion) Councilman Dan H. Stewart moved to approve the Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, for project 142X-MVFT, Entity Non-Project Specific Expenses, Fiscal Year 2021, in the amount of $30,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 11 of 36 Tuesday, July 21, 2020 – Minutes CA-13 INTERLOCAL CONTRACT NEIGHBORHOOD REHABILITATION: 2020 CITY OF HENDERSON MAINTENANCE PROJECT 175V-MVFT REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 23657 PUBLIC WORKS Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to provide funding for construction for Project 175V-MVFT; Neighborhood Rehabilitation: 2020 City of Henderson Maintenance, in the amount of $4,000,000.00. (Motion) Councilman Dan H. Stewart moved to approve the Interlocal Contract between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to provide funding for construction for Project 175V-MVFT; Neighborhood Rehabilitation: 2020 City of Henderson Maintenance, in the amount of $4,000,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-14 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 1 NEIGHBORHOOD REHABILITATION: 2019 CITY OF HENDERSON MAINTENANCE PROJECT 175Q3-MVFT REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 21563 PUBLIC WORKS Supplemental Interlocal Contract No. 1 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 175Q3-MVFT; Neighborhood Rehabilitation: 2019 City of Henderson Maintenance, from June 30, 2020, to June 30, 2022. (Motion) Henderson City Council Regular Meeting Page 12 of 36 Tuesday, July 21, 2020 – Minutes Councilman Dan H. Stewart moved to approve Supplemental Interlocal Contract No. 1 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 175Q3-MVFT; Neighborhood Rehabilitation: 2019 City of Henderson Maintenance, from June 30, 2020, to June 30, 2022. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-15 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 1 INTERSECTION IMPROVEMENTS PROGRAM: LAS VEGAS BOULEVARD AND LARSON LANE PROJECT 223A-MVFT REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 21562 PUBLIC WORKS Supplemental Interlocal Contract No. 1 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 223A-MVFT; Intersection Improvements Program: Las Vegas Boulevard and Larson Lane, from June 30, 2020, to June 30, 2023. (Motion) Councilman Dan H. Stewart moved to approve Supplemental Interlocal Contract No. 1 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 223A-MVFT; Intersection Improvements Program: Las Vegas Boulevard and Larson Lane, from June 30, 2020, to June 30, 2023. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 13 of 36 Tuesday, July 21, 2020 – Minutes CA-16 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 1 INTERSECTION IMPROVEMENTS PROGRAM: EASTERN AVENUE AND SUN CITY ANTHEM DRIVE PROJECT 223C-MVFT REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 21742 PUBLIC WORKS Supplemental Interlocal Contract No. 1 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 223C-MVFT; Intersection Improvements Program: Eastern Avenue and Sun City Anthem Drive, from June 30, 2020, to June 30, 2023. (Motion) Councilman Dan H. Stewart moved to approve Supplemental Interlocal Contract No. 1 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 223C-MVFT; Intersection Improvements Program: Eastern Avenue and Sun City Anthem Drive, from June 30, 2020, to June 30, 2023. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-17 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 2 EASTERN AVENUE IMPROVEMENTS, HORIZON RIDGE PARKWAY TO I-215 PHASE 1 PROJECT 002AC-FTI2 REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 19779 PUBLIC WORKS Supplemental Interlocal Contract No. 2 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date, for Project 002AC-FTI2, Eastern Avenue Improvements from Horizon Ridge Parkway to I-215 - Phase I, from June 30, 2020, to June 30, 2023. Henderson City Council Regular Meeting Page 14 of 36 Tuesday, July 21, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to approve Supplemental Interlocal Contract No. 2 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date, for Project 002AC-FTI2, Eastern Avenue Improvements from Horizon Ridge Parkway to I-215 - Phase I, from June 30, 2020, to June 30, 2023. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-18 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 3 WATER STREET, MAJOR AVENUE TO LAKE MEAD PARKWAY PROJECT 171B-FTI2 REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 19782 PUBLIC WORKS Supplemental Interlocal Contract No. 3 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, for Project 171B-FTI2, Water Street from Major Avenue to Lake Mead Parkway, to extend the project completion date from June 30, 2020, to June 30, 2023. (Motion) Councilman Dan H. Stewart moved to approve Supplemental Interlocal Contract No. 3 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, for Project 171B-FTI2, Water Street from Major Avenue to Lake Mead Parkway, to extend the project completion date from June 30, 2020, to June 30, 2023. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 15 of 36 Tuesday, July 21, 2020 – Minutes CA-19 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 3 BASIC ROAD, PACIFIC AVENUE TO BOULDER HIGHWAY PROJECT 200A-FTI2 REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 19778 PUBLIC WORKS Supplemental Interlocal Contract No. 3 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 200A-FTI2; Basic Road, Pacific Avenue to Boulder Highway, from June 30, 2020, to June 30, 2023. (Motion) Councilman Dan H. Stewart moved to approve Supplemental Interlocal Contract No. 3 between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, to extend the project completion date for Project 200A-FTI2; Basic Road, Pacific Avenue to Boulder Highway, from June 30, 2020, to June 30, 2023. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-20 SUB-RECIPIENT GRANT AWARD AND INTERLOCAL CONTRACT FISCAL YEAR 2020 STATE EMERGENCY RESPONSE COMMISSION (SERC) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) (FY20 SERCHMEPMID CYCLE GRANT) CLARK COUNTY, NEVADA CMTS NO. 23656 FIRE DEPARTMENT Accept grant funds as a sub-recipient and approve the Interlocal Contract between the City of Henderson and Clark County, Nevada, to use grant funds to purchase a training system handheld with one (1) convertible laptop/tablet instructor server, in the amount of $8,595.00. Henderson City Council Regular Meeting Page 16 of 36 Tuesday, July 21, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to accept grant funds as a sub-recipient and approve the Interlocal Contract between the City of Henderson and Clark County, Nevada, to use grant funds to purchase a training system handheld with one (1) convertible laptop/tablet instructor server, in the amount of $8,595.00. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-21 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICTS (LID) T-13, T-14, T-15, T-16, T-17, T-18, AND T-20 FINANCE DEPARTMENT Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-13, T-14, T-15, T-16, T-17, T-18, and T-20, set the date of the sale for October 27, 2020, and accelerate the assessment amounts due on parcels whose total taxable assessed value is greater than the payoff of the entire assessment and not accelerate for parcels whose taxable assessed value is less than the payoff of the assessment, so that only the delinquent balance becomes due and payable. (Motion) Councilman Dan H. Stewart moved to approve the Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-13, T-14, T-15, T-16, T-17, T-18 and T-20, set the date of the sale for October 27, 2020, and accelerate the assessment amounts due on parcels whose total assessed taxable value is greater than the pay-off amount and not accelerate for parcels whose taxable assessed value is less than the pay-off of the assessment, so that only the delinquent balance becomes due and payable. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 17 of 36 Tuesday, July 21, 2020 – Minutes CA-22 CASH REQUIREMENTS REGISTER MAY 28, 2020, THROUGH JULY 1, 2020 FINANCE DEPARTMENT Cash requirements register for the period of May 28, 2020, through July 1, 2020, in the amount of $55,811,011.42. (Motion) Councilman Dan H. Stewart moved to approve the cash requirements register for the period of May 28, 2020, through July 1, 2020, in the amount of $55,811,011.42. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-23 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER TEXAS PINE PRODUCTIONS LLC APPLICANT: TEXAS PINE PRODUCTIONS LLC Application for the Psychic Arts Practitioner business license for Texas Pine Productions LLC, doing business at Spirit & Spark, 9480 South Eastern Avenue, Suite 269, Henderson, Nevada 89123. (Motion) Councilman Dan H. Stewart moved to approve the application for the Psychic Arts Practitioner business license for Texas Pine Productions LLC, doing business at Spirit & Spark, 9480 South Eastern Avenue, Suite 269, Henderson, Nevada 89123, pending verification of registration with Nevada Department of Taxation and required departmental approvals. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 18 of 36 Tuesday, July 21, 2020 – Minutes CA-24 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE CARNEGIE HEIGHTS AT HENDERSON APPLICANT: CARNEGIE HEIGHTS, LP Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Carnegie Heights, LP, dba Carnegie Heights at Henderson, 525 Carnegie Street, Henderson, Nevada 89052. (Motion) Councilman Dan H. Stewart moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Carnegie Heights, LP, dba Carnegie Heights at Henderson, 525 Carnegie Street, Henderson, Nevada 89052, pending verification registration with State of Nevada Division of Industrial Relations, and verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-25 CONSENT TO ASSIGNMENT AND ASSUMPTION PROFESSIONAL AUDITING SERVICES AGREEMENT PIERCY, BOWLER, TAYLOR & KERN CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS ADVISORS BDO USA, LLP CMTS NO. 22417, 22418 CITY ATTORNEY'S OFFICE, FINANCE DEPARTMENT, REDEVELOPMENT Consent to Assignment and Assumption of Professional Auditing Services Agreement Nos. 22417 and 22418, by Piercy Bowler Taylor & Kern, Certified Public Accountants and Business Advisors, a Professional Corporation to BDO USA, LLP, a Delaware limited liability partnership. Henderson City Council Regular Meeting Page 19 of 36 Tuesday, July 21, 2020 – Minutes Councilman Dan K. Shaw made the following disclosure statement: “It is my understanding that the local accounting firm Piercy Bowler Taylor & Kern recently merged with the BDO USA, LLP, a global accounting and consultancy firm. The City has a professional auditing services agreement with Piercy Bowler Taylor & Kern, and this item seeks the City’s consent to the assignment of that agreement to BDO. I need to disclose that PBTK, now BDO, provides accounting, audit, financial services to me, personally, and my campaign. I was not involved in the original selection of PBTK to provide audit services to the City. In addition, the City’s consent to assignment in this situation is contemplated by the audit agreement. Therefore, I do not believe that the independence of judgement of a reasonable person in my situation would be materially affected by the potential conflict of interest and I intend to vote on this matter.” Councilman Dan H. Stewart made the following disclosure statement: “It is my understanding that the local accounting firm Piercy Bowler Taylor & Kern recently merged with the BDO USA, a global accounting and consultancy firm. The City has a professional auditing services agreement with PBT&K and this item seeks the City’s consent to the assignment of that agreement to BDO. I need to disclose that PBT&K, now BDO, provides accounting, audit, financial services to me my campaign. I was not involved in the original selection of PBT&K to provide audit services to the City. In addition, the City’s consent to assignment in this situation is contemplated by the audit agreement. Therefore, I do not believe that the independence of judgement of a reasonable person in my situation would be materially affected by the potential conflict of interest and I intend to vote on this matter.” Councilwoman Michelle Romero made the following disclosure statement: “It is my understanding that the local accounting firm Piercy Bowler Taylor & Kern, PBTK, recently merged with the BDO USA, LLP, a global accounting and consultancy firm. The City has a professional auditing services agreement with PBTK and this item seeks the City’s consent to the assignment of that agreement to BDO. I need to disclose that PBTK, now BDO, provides accounting, audit, financial services to my campaign. I was not involved in the original selection of PBTK to provide audit services to the City. In addition, the City’s consent to assignment in this situation is contemplated by the audit agreement. Therefore, I do not believe that the independence of judgement of a reasonable person in my situation would be materially affected by the potential conflict of interest and I intend to vote on this matter.” Henderson City Council Regular Meeting Page 20 of 36 Tuesday, July 21, 2020 – Minutes Mayor March made the following disclosure statement: “It is my understanding that the local accounting firm Piercy Bowler Taylor & Kern recently merged with the BDO USA, LLP, a global accounting and consultancy firm. The City has a professional auditing services agreement with PBTK and this item seeks the City’s consent to the assignment of that agreement to BDO. I need to disclose that PBTK, now BDO, provides accounting, audit, and financial services to me, personally, and my campaign. I was not involved in the original selection of PBTK to provide audit services to the City. In addition, the City’s consent to assignment in this situation is contemplated by the audit agreement. Therefore, I do not believe that the independence of judgement of a reasonable person in my situation would be materially affected by the potential conflict of interest and I intend to vote on this matter.” (Motion) Councilman Dan H. Stewart moved to approve the Consent to Assignment and Assumption of Professional Auditing Services Agreement Nos. 22417 and 22418, by Piercy Bowler Taylor & Kern, Certified Public Accountants and Business Advisors, a Professional Corporation to BDO USA, LLP, a Delaware limited liability partnership. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-26 DECLARATION OF RESTRICTIVE COVENANTS ANNABELLE PINES LIMITED PARTNERSHIP FUNDING SOURCE: HOME/ LOW-INCOME HOUSING TRUST FUND COMMUNITY DEVELOPMENT AND SERVICES Declaration of Restrictive Covenants with Annabelle Pines Limited Partnership for the Annabelle Pines Senior Apartments, binding the current owner and all subsequent owners who hold the land during the affordability period. (Motion) Councilman Dan H. Stewart moved to approve the Declaration of Restrictive Covenants with Annabelle Pines Limited Partnership for the Annabelle Pines Senior Apartments, binding the current owner and all subsequent owners who hold the land during the affordability period. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 21 of 36 Tuesday, July 21, 2020 – Minutes CA-27 SUBORDINATION AGREEMENT PNC BANK, NATIONAL ASSOCIATION AND ANNABELLE PINES LIMITED PARTNERSHIP FUNDING SOURCE: HOME/ LOW-INCOME HOUSING TRUST FUND COMMUNITY DEVELOPMENT AND SERVICES Subordination Agreement for the Subordination of the City’s $450,000.00 HOME/LIHTF loan to the refinancing to be provided by PNC Bank, National Associations to Annabelle Pines Limited Partnership and authorize the City Manager/CEO to execute and deliver such additional instruments which are reasonably required to further implement the intent of the Subordination Agreement upon approval as to form by the City Attorney. (Motion) Councilman Dan H. Stewart moved to approve the Subordination Agreement for the Subordination of the City’s $450,000.00 HOME/LIHTF loan to the refinancing to be provided by PNC Bank, National Association to Annabelle Pines Limited Partnership and authorize the City Manager/CEO to execute and deliver such additional instruments which are reasonably required to further implement the intent of the Subordination Agreement upon approval as to form by the City Attorney. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-28 EXTENSION OF TIME CONDITIONAL USE PERMIT CUP-2016500528-E2 CHIMERA GOLF CLUB EVENT TENT APPLICANT: CHIMERA GOLF CLUB, LLC Extension of time for Conditional Use Permit CUP-2016500528-E2, for a Banquet Facility, located at 901 Olivia Parkway, in the Tuscany Redevelopment and Tuscany Planning Areas, to April 19, 2021, subject to findings of fact and conditions. Henderson City Council Regular Meeting Page 22 of 36 Tuesday, July 21, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to approval the extension of time for CUP-2016500528-E2, located at 901 Olivia Parkway, in the Tuscany Redevelopment and Tuscany Planning Areas, to April 19, 2021, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. UTILITY SERVICES CONDITION 2. Applicant shall provide a utility layout and show how water and sewer is provided to the tent for the bathrooms and preparation area. COMMUNITY DEVELOPMENT PLANNING SERVICES 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. Henderson City Council Regular Meeting Page 23 of 36 Tuesday, July 21, 2020 – Minutes 4. This conditional use permit for a standalone Banquet Facility shall lapse April 19, 2021, unless the use is extended in accordance with Section 19.6.6.A. of the Development Code. (E2) 5. The standalone banquet facility hours of operation shall be limited to Sunday through Thursday from the first tee time in the morning to events ending at 8:00 p.m. and clean-up done by 9:00 p.m.; Friday and Saturday hours of use shall be from the first tee time in the morning to events ending by 10:00 p.m. with clean-up done by 11:00 p.m. 6. The standalone banquet facility shall be limited to no more than 100 events per year. 7. Doors located along the north side of the banquet facility facing the driving range shall not be used or opened during any events and shall be used for emergency exits only. 8. The standalone banquet facility shall comply with Section 19.7.8.G, Noise, of the Henderson Development Code. 9. The golf course shall continue to work with staff to ensure adequate screening is installed and maintained along the west end of the banquet facility adjacent to the homes located along Punto Vallarta Drive to screen events from adjacent residential properties prior to issuance of Certificate of Occupancy. Screening shall include a decorative block wall with a minimum height of 6 feet. Adjacent to the west side of the decorative block wall, landscaping shall be installed with trees and shrubs. 10. All on-site lighting located on the banquet facility or within the parking lot shall be shielded and kept from spilling over onto the adjacent residential properties as is required by Code. 11. Applicant shall provide additional sound attenuation within the tent to prevent noise from emanating from the structure. Sound attenuation shall be installed prior to final certificate of occupancy. A sound attenuation study performed by the applicant submitted for staff review and approval shall be conducted and recommendations for sound attenuation resulting from the study will be adhered to prior to issuance of Certificate of Occupancy. 12. Applicant shall provide Tuscany residents contact information for two individuals able to respond and resolve any banquet facility noise issues within 20 minutes. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 24 of 36 Tuesday, July 21, 2020 – Minutes VIII. PUBLIC HEARINGS PH-29 PUBLIC HEARING SECOND SUBSTANTIAL AMENDMENT TO THE 2019-2020 ANNUAL ACTION PLAN FUNDING SOURCE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) GRANT FUNDS COMMUNITY DEVELOPMENT AND SERVICES Public Hearing to receive comments and approve the City of Henderson’s Second Substantial Amendment to the 2019-2020 Annual Action Plan for utilization of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds; approve submittal of the Second Substantial Amendment to the 2019-2020 Annual Action Plan to the U.S. Department of Housing & Urban Development (HUD). Senta Robinson, Housing and Grants Coordinator, stated the purpose of this amendment is to correct a notification error, which was identified by HUD, and to reallocate $697,986.00 of program funds and $100,000.00 of HOME funds. Ms. Robinson stated because of the notification error, HUD is requiring the City to re-notice the 2019-2020 Annual Action Plan because portions of the funding from previous fiscal years were included. Ms. Robinson said $190,000.00 of the reallocation funds will go towards the Valley View Recreation Center and $507,986 will go towards Drake Street Park. She stated the $100,000.00 of HOME funding will be allocated to the Highland Village project. Mayor March asked staff if there were any public comments related to Item PH-29. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or Contact Henderson. April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. Henderson City Council Regular Meeting Page 25 of 36 Tuesday, July 21, 2020 – Minutes (Motion) Councilwoman Michelle Romero moved to accept public hearing comments and approve the City of Henderson’s Second Substantial Amendment to the 2019-2020 Annual Action Plan for utilization of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds; approve submittal of the Second Substantial Amendment to the 2019-2020 Annual Action Plan to the U.S. Department of Housing & Urban Development (HUD). The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. PH-30 CONTINUED PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT A) CPA-2020005371 ZONE CHANGE B) ZCA-2018000276-A7 INSPIRADA TOWN CENTER APPLICANT: ESSEX REAL ESTATE PARTNERS, LLC A) Amend the Comprehensive Plan Land Use Category within the Inspirada Town Center Master Plan from Neighborhood Type 4 to Neighborhood Type 3 on 10.0 acres, and from Neighborhood Type 3 to Neighborhood Type 4 on 5.2 acres, generally located on the east sides of Via Centro, approximately 2,400 feet north from its intersection with Via Inspirada; and B) Amend a zone change/master plan (Inspirada Town Center Master Plan) to rezone from PC-MP (Planned Community with Master Plan Overlay) to RM-10-MP (Medium-Density Residential with Master Plan Overlay) on 50.2 acres and to RH-36-MP (High-Density Residential with Master Plan Overlay) on 11.7 acres, generally located on the east and west sides of Via Centro, approximately 2,400 feet north from its intersection with Via Inspirada; to rezone from PC-MP (Planned Community with Master Plan Overlay) to RM-16-MP (Medium-Density Residential with Master Plan Overlay) on 6.0 acres, generally located at the northeast corner of Via Inspirada and Via Da Vinci; and to rezone from PC-MP (Planned Community with Master Plan Overlay) to RM-10-MP (Medium-Density Residential with Master Plan Overlay) on 7.3 acres, and to RM-16-MP (Medium-Density Residential with Master Plan Overlay) on 8.1 acres, generally located at the northwest and northeast corners of Via Monet and Via Altamira, in the West Henderson Planning Area. (Continued from the July 7, 2020, Special City Council meeting.) Henderson City Council Regular Meeting Page 26 of 36 Tuesday, July 21, 2020 – Minutes This item was continued to the August 4, 2020, City Council Meeting, at the request of the applicant. PH-31 CONTINUED ACCOMPANYING RESOLUTION FOR PH-30 CPA-2020005371 INSPIRADA TOWN CENTER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND ESSEX REAL ESTATE PARTNERS, LLC 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 15.2 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTIONS 14, 15, AND 23, TOWNSHIP 23, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE EAST SIDES OF VIA CENTRO, APPROXIMATELY 2,400 FEET NORTH FROM ITS INTERSECTION WITH VIA INSPIRADA, IN THE WEST HENDERSON PLANNING AREA, FROM NEIGHBORHOOD TYPE 4 TO NEIGHBORHOOD TYPE 3 ON 10.0 ACRES AND FROM NEIGHBORHOOD TYPE 3 TO NEIGHBORHOOD TYPE 4 ON 5.2 ACRES. (Continued from the July 7, 2020, Special City Council meeting.) This item was continued to the August 4, 2020, City Council Meeting, at the request of the applicant. Henderson City Council Regular Meeting Page 27 of 36 Tuesday, July 21, 2020 – Minutes IX. UNFINISHED BUSINESS UB-32 APPEAL OF DECISION (AP-2-20) CONDITIONAL USE PERMIT - CUP-2019004289 SPEEDEE MART AT VOLUNTEER VIA INSPIRADA APPLICANT/APPELLANT: SPEEDEE MART Appeal of the Planning Commission's decision to deny the conditional use permit for a Commercial (Retail) Fueling Center in conjunction with a convenience store located at the southwest corner of Volunteer Boulevard and Via Inspirada, in the West Henderson Planning Area. (Continued from the April 7, 2020; May 19, 2020; and June 16, 2020, City Council Meetings.) Michael Tassi, Community Development and Services Director, said the proposed gas station does not conform with the vision of either the Henderson Strong Comprehensive Plan or the West Henderson Land Use Plan. He stated the proposed gas station would be the third gas station at this intersection, which does not occur anywhere else in the City of Henderson. Mr. Tassi said staff recommends denial of this appeal and affirm the Planning Commission’s decision of denial. Tom Amick, representing the applicant via WebEx, 89135, and Bradley Emery, 89074, the applicant, displayed a map of the area and presented an overview of the proposed gas station. Mr. Amick stated this use would be compatible with the area because of the neighboring industrial zoned areas. He said the location of this gas station would assist with traffic flow because drivers will enter and exit to the right. Mr. Amick stated since the Planning Commission meeting in February, the applicant made various modifications to the site, including a landscape buffer, a reduced height of the canopy, and the convenience store will be relocated to shield the view of the fuel pumps and canopy. He said the applicant is willing to revise the new design if it is approved. Mayor March asked staff if there were any public comments related to this item. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or Contact Henderson. April Parra, Administrative Deputy City Clerk, informed there were no public comments or requests to speak received via WebEx. Henderson City Council Regular Meeting Page 28 of 36 Tuesday, July 21, 2020 – Minutes Councilwoman Romero stated she supports this application and said this is a unique situation due to the industrial employment centers in the area. She requested a design review of the site be brought before the Council if this item is approved. Councilman Marz said gas stations are on every corner in other cities and voiced concerns of possible closures due to low demand. He stated he would not want this exception to set a precedent in the city. Mayor March requested the applicant remove the canopy if the business discontinues the use of the gas station, to which the applicant concurred. Mr. Tassi stated Code language may be revised if the Mayor and Council wish to have canopies and fuel pumps removed from future out-of-business gas stations, and to limit the number of fuel stations at an intersection. Mr. Tassi confirmed that the Council would like conditions added requiring the applicant to come back with a design review of the whole site and removal of fuel pumps and the canopy if operations cease. (Motion) Councilwoman Michelle Romero moved to modify the Planning Commission’s decision to deny the conditional use permit for Commercial (Retail) Fueling Center; therefore, approving Conditional Use Permit CUP-2019004289, subject to findings of fact and conditions, as amended. 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. Henderson City Council Regular Meeting Page 29 of 36 Tuesday, July 21, 2020 – Minutes BUILDING AND FIRE SAFETY CONDITION The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Number 3048 as adopted by the City of Henderson. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents. 1. Applicant shall obtain a Fire Department permit for fuel storage and dispensing prior to engaging in a hazardous activity or use. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. This conditional use permit for a Commercial (Retail) Fueling Center shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. Applicant is required to file FAA form 7460-1, “Notice of Proposed Construction or Alteration” with the FAA. No building permits should be issued until the applicant provides evidence that the “Determination of No Hazard to Air Navigation” has been issued by the FAA. 5. The design review for all the buildings on this site must be heard by both Planning Commission and City Council for review and action 6. If the gas station ceases use, then the gas canopy and fuel tanks must be removed. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: John F. Marz. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 30 of 36 Tuesday, July 21, 2020 – Minutes X. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE O-33 BILL NO. 3454 DEV-2020004983 LOGISTICENTER AT VOLUNTEER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, IMPALA, LLC City Manager/CEO Derrick introduced and read Ordinance No. 3710 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 IMPALA, LLC, FOR THE DEVELOPMENT OF APPROXIMATELY 52.6 ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF VOLUNTEER BOULEVARD AND VIA CENTRO, IN THE WEST HENDERSON PLANNING AREA. Mayor March asked staff if there were any public comments related to Item O-33. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or Contact Henderson. April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. (Motion) Mayor Debra March moved to adopt Bill No. 3454 as Ordinance No. 3710. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 31 of 36 Tuesday, July 21, 2020 – Minutes O-34 BILL NO. 3455 ZCA-2020004980 – LOGISTICENTER AT VOLUNTEER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND DERMODY PROPERTIES City Manager/CEO Derrick introduced and read Ordinance No. 3711 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.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF VOLUNTEER BOULEVARD AND VIA CENTRO, IN THE WEST HENDERSON PLANNING AREA, TO APPLY CITY OF HENDERSON IP (INDUSTRIAL PARK) ZONING DESIGNATION TO 52.6 ACRES OF PROPERTY WITH NO ESTABLISHED ZONING. Mayor March asked staff if there were any public comments related to Item O-34. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or Contact Henderson. April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3455 as Ordinance No. 3711. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 32 of 36 Tuesday, July 21, 2020 – Minutes O-35 BILL NO. 3457 DEV-2019003697 – DEVELOPMENT AGREEMENT PARTIAL TERMINATION OF DEVELOPMENT AGREEMENT AND ZONING MORATORIUM COMMUNITY DEVELOPMENT AND SERVICES City Manager/CEO Derrick introduced and read Ordinance No. 3712 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THE PARTIAL TERMINATION OF DEVELOPMENT AGREEMENT AND ZONING MORATORIUM BETWEEN THE CITY OF HENDERSON AND PEGH NEVADA LLC, ON APPROXIMATELY 45.25 ACRES (APN 191-14-115-003) GENERALLY LOCATED EAST OF VIA INSPIRADA, IN THE WEST HENDERSON PLANNING AREA. Mayor March asked staff if there were any public comments related to Item O-35. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or Contact Henderson. April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3457 as Ordinance No. 3712. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 33 of 36 Tuesday, July 21, 2020 – Minutes XI. NEW BUSINESS NB-36 SET REGULAR CITY COUNCIL MEETINGS START TIME CITY CLERK'S OFFICE Staff recommends setting the regular City Council meetings for 4:00 p.m. on the first and third Tuesday of each month. Councilman Marz talked about the importance of civic engagement and public’s ability to participate in City Council meetings. Mayor March read a prepared statement which emphasized the importance of democratic transparency and outlined various methods to participate in City Council meetings. She stated a 4:00 p.m. meeting start time will avoid the overtime payments of staff and safety officers, and eliminate additional facility costs related to keeping City Hall open after hours. Mayor March provided statistics on civic participation during Council meetings for the month of June and stated 757 people participated by SIRE livestream, 855 through YouTube, 187 emails were received, and 171 comments were read during the meetings. She said these numbers far surpass the average in-person participation during meetings. Councilman Marz stated he recognizes the participation statistics for June were high due to extraordinary items on agendas, including the Pavilion/Henderson Event Center matter. Mayor March noted the City of Las Vegas, City of North Las Vegas, the City of Reno, and the Clark County Commission all conduct public meetings during normal work hours. Following a discussion regarding the new 4:00 p.m. start time, it was the consensus of the Council to review data in six months to ensure public participation has not decreased. Sabrina Mercadante, City Clerk, stated she will work with the public relations team to measure data related to public participation throughout the next six months. Mayor March asked staff if there were any public comments related to Item NB-36. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or Contact Henderson. Henderson City Council Regular Meeting Page 34 of 36 Tuesday, July 21, 2020 – Minutes April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan K. Shaw moved to approve setting the regular City Council meetings for 4:00 p.m. on the first and third Tuesday of each month, with a six-month review on participation statistics. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. NB-37 RESOLUTION AMEND THE CITY COUNCIL RULES OF PROCEDURE CITY CLERK'S OFFICE City Manager/CEO Derrick introduced and read Resolution No. 4397 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING THE CITY COUNCIL RULES OF PROCEDURE. (Motion) Councilman Dan H. Stewart moved to adopt Resolution No. 4397. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 35 of 36 Tuesday, July 21, 2020 – Minutes XII. BILLS TO BE READ IN TITLE B-38 CONTINUED ACCOMPANYING BILL NO. 3456 FOR PH-30 ZCA-2018000276-A7 – INSPIRADA TOWN CENTER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND ESSEX REAL ESTATE PARTNERS, LLC 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 SECTIONS 14, 15, AND 23, TOWNSHIP 23, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, TO AMEND A ZONE CHANGE/MASTER PLAN (INSPIRADA TOWN CENTER MASTER PLAN) TO REZONE FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-10-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 50.2 ACRES, AND TO RH-36-MP (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 11.7 ACRES, GENERALLY LOCATED ON THE EAST AND WEST SIDES OF VIA CENTRO, APPROXIMATELY 2,400 FEET NORTH FROM ITS INTERSECTION WITH VIA INSPIRADA; REZONE FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-16-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 6.0 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF VIA INSPIRADA AND VIA DA VINCI; AND REZONE FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-10-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 7.3 ACRES, AND TO RM-16-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 8.1 ACRES, GENERALLY LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF VIA MONET AND VIA ALTAMIRA, IN THE WEST HENDERSON PLANNING AREA. (Continued from the July 7, 2020, Special City Council meeting.) This item was continued to the August 4, 2020, City Council Meeting, at the request of the applicant. XIII. MAYOR\COUNCILMEMBER COMMENTS There were no Mayor\Councilmember comments presented. XIV. SET MEETING The Committee Meeting for August 4, 2020, was set for 3:45 p.m. Henderson City Council Regular Meeting Page 36 of 36 Tuesday, July 21, 2020 – Minutes XV. PUBLIC COMMENT There were no public comments presented. XVI. ADJOURNMENT There being no further business to come before the Council, Mayor March, in concurrence with the Council, adjourned the Regular Meeting at 4:22 p.m. PASSED AND ADOPTED THIS 4TH DAY OF AUGUST, 2020. ______________________ Debra March Mayor ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk