City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, September 15, 2020 I. CALL TO ORDER Mayor Pro Tem John F. Marz called the Regular Meeting to order at 4:00 p.m., in the City Council Chambers, City Hall, 240 South Water Street, Henderson, Nevada 89015. Mayor Pro Tem Marz 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, as extended by Emergency Directive 029, dated July 31, 2020, extending public meeting closures and restrictions for the duration of the current state of emergency, unless terminated by a subsequent directive or by operation of law associated with lifting the Declaration of Emergency. However, individuals may provide public comment in person at the microphone set up immediately outside of the Council Chambers under the two designated public comment sections. The public may also view or listen to this meeting online at https://cityofhenderson.com/ or YouTube, and may indicate their desire to address the Council live via WebEx. Mayor Pro Tem Marz 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 Lists. Present: John F. Marz, Mayor Pro Tem Michelle Romero, Councilmember Dan K. Shaw, Councilmember Dan H. Stewart, Councilmember Absent: Debra March, Mayor Henderson City Council Regular Meeting Page 2 of 24 Tuesday, September 15, 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 Lance Olson, Assistant Director of Public Works Amber Ellis, Supervising Deputy City Clerk April Parra, Administrative Deputy City Clerk Victoria Dasis, Deputy City Clerk Janet Sandifer, Deputy City Clerk Andre Dixon, Deputy City Clerk III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Rex Hardy, Public Works Business Analyst III, with the City of Henderson, and was followed by the Pledge of Allegiance. IV. PUBLIC COMMENT Cynthia Halley, 89074, present in the City Hall lobby, voiced opposition of item NB-27. Ms. Halley said removing the City Council’s approval of contracts over $100,000.00 will reduce the amount of oversight for spending the Coronavirus funds, and will allow the Mayor to enter into contracts without the other City Council members’ approval. She stated the citizens of Henderson deserve the right to know how the money is being spent. Marco Velotta, no ZIP code provided, voiced support via WebEx regarding agenda item NB-25. Mr. Velotta said he represents the City of Las Vegas as the Administrator of the Commercial Property Assessed Clean Energy program and works with Sustainable Real Estate Solutions, Inc. to develop a program that enables municipalities to finance energy efficiency and renewable energy projects. Mr. Velotta said by creating this program, Henderson commercial property owners will have another option available to them that is off-balance sheet, cash flow positive, and will achieve the conservation goals outlined in Henderson Strong. Henderson City Council Regular Meeting Page 3 of 24 Tuesday, September 15, 2020 – Minutes V. ACCEPTANCE OF AGENDA CA-17, the recommendation was updated to “Approve with conditions”, based upon the unanimous recommendation from the Planning Commission. NB-27, the title was revised to remove “expenditures or” from the agenda to reflect “RESOLUTION WAIVER OF CITY COUNCIL APPROVAL FOR CONTRACTS IN EXCESS OF $100,000.00 CORONAVIRUS RELIEF FUNDS.” (Motion) Councilman Dan K. Shaw moved to accept the agenda as amended. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. VI. CITY MANAGER'S REPORT Richard Derrick, City Manager/CEO, reported the City of Henderson is one of only five large cities in the country which will surpass 75 percent in self-response for the 2020 Census. He encouraged those who have not yet completed their census to do so online at 2020census.gov. Mr. Derrick said for the past 23 years, The Public Education Foundation has held an Education Hero Award Gala to celebrate public education advocates who have demonstrated courage, leadership, and service. He announced that this year The Public Education Foundation recognized the City of Henderson as a Community Hero for providing emergency childcare and developing the Battle Born Kids program to support students and families during the global pandemic. Mr. Derrick congratulated Henderson resident, Matt Mayhood, who was also named a Community Hero by The Public Education Foundation, for creating virtual and live-streamed graduation programs for the Henderson high school classes of 2020. Mr. Derrick stated Mr. Mayhood’s contribution made it possible for thousands of high school students to celebrate their great achievements with their families. Henderson City Council Regular Meeting Page 4 of 24 Tuesday, September 15, 2020 – Minutes VII. CONSENT AGENDA CA-1 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETING MINUTES SEPTEMBER 1, 2020 CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of September 1, 2020. (Motion) Councilman Dan H. Stewart moved to adopt the City Council Committee and Regular Meeting minutes of September 1, 2020. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-2 AGREEMENT AMENDMENT #1 MATERIALS TESTING PITTMAN NORTH DETENTION BASIN & OUTFALL CHANNEL PHASE III GEOTEK, INC. FUNDING SOURCE: CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT (CCRFCD) CMTS NO. 20602 PUBLIC WORKS Amendment #1 to the Materials Testing Agreement Contract No. 20602, between the City of Henderson and GeoTek, Inc., to provide materials testing and inspection on the Pittman North Detention Basin & Outfall Channel Phase III project, for an increase in basic services of $43,665.35; and an increase in supplemental services of $10,000.00, for a total not-to-exceed amount of $353,087.35; and authorize the City Manager/CEO, or his designee, to execute the agreement for the City. Henderson City Council Regular Meeting Page 5 of 24 Tuesday, September 15, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to ratify Amendment #1 to the Materials Testing Agreement Contract No. 20602, between the City of Henderson and GeoTek, Inc., to provide materials testing and inspection on the Pittman North Detention Basin & Outfall Channel Phase III project, for an increase in basic services of $43,665.35; and an increase in supplemental services of $10,000.00, for a total not-to-exceed amount of $353,087.35; and authorize the City Manager/CEO, or his designee, to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-3 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 1 MARYLAND PARKWAY BUS RAPID TRANSIT: RUSSELL ROAD TO MEDICAL DISTRICT PROJECT 003Z-FTI2 MULTI-JURISDICTIONAL FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDED CMTS NO. 22467 PUBLIC WORKS Supplemental Interlocal Contract No.1 between the City of Henderson, the Regional Transportation Commission (RTC) of Southern Nevada, Clark County, City of Las Vegas, and City of North Las Vegas, for Project 003Z-FTI2; Maryland Parkway Bus Rapid Transit: Russell Road to Medical District, to revise the scope of work and increase funding by $20,000,000.00, for a total contract amount of $25,000,000.00. (Motion) Councilman Dan H. Stewart moved to approve Supplemental Interlocal Contract No.1 between the City of Henderson, the Regional Transportation Commission (RTC) of Southern Nevada, Clark County, City of Las Vegas, and City of North Las Vegas, for Project 003Z-FTI2; Maryland Parkway Bus Rapid Transit: Russell Road to Medical District, to revise the scope of work and increase funding by $20,000,000.00, for a total contract amount of $25,000,000.00. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 6 of 24 Tuesday, September 15, 2020 – Minutes CA-4 SUPPLEMENTAL INTERLOCAL CONTRACT NO. 3 ROMA HILLS DRIVE, WEST HORIZON RIDGE PARKWAY TO ASCAYA BOULEVARD PROJECT 201A-FTI2 REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: RTC FUNDED CMTS NO. 19780 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 of Project 201A-FTI2; Roma Hills Drive, West Horizon Ridge Parkway to Ascaya Boulevard, 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 of Project 201A-FTI2; Roma Hills Drive, West Horizon Ridge Parkway to Ascaya Boulevard, from June 30, 2020, to June 30, 2023. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-5 AGREEMENT AMENDMENT #4 ENGINEERING SERVICES UNION PACIFIC RAILROAD (UPRR) TRAIL PROJECT GCW, INC. FUNDING SOURCE: UTILITY SERVICES SEWER REHAB AND REPLACEMENT CMTS NO. 19727 PUBLIC WORKS, DEPARTMENT OF UTILITY SERVICES Amendment #4 to the engineering services agreement between the City of Henderson and GCW, Inc., to provide additional services for the Union Pacific Railroad (UPRR) Trail North project, in the amount of $77,290.00, for a total contract amount of $1,158,990.00. Henderson City Council Regular Meeting Page 7 of 24 Tuesday, September 15, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to approve Amendment #4 to the engineering services agreement between the City of Henderson and GCW, Inc., to provide additional services for the Union Pacific Railroad (UPRR) Trail North project, in the amount of $77,290.00, for a total contract amount of $1,158,990.00. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-6 BUDGET AUGMENTATION AND ENGINEERING SERVICES AGREEMENT WEST HENDERSON P-18 TO R-21S WATERLINE KIMLEY-HORN AND ASSOCIATES, INC. FUNDING SOURCE: WATER FUNDS CMTS NO. 23745 DEPARTMENT OF UTILITY SERVICES Budget augmentation to add the P-18A to R-21S Waterline project to the City’s Capital Improvement Plan, from July 1, 2020, through June 20, 2025, and agreement between the City of Henderson and Kimley-Horn and Associates, Inc., to provide construction documents for the project, in a not-to-exceed amount of $5,352,290.00. (Motion) Councilman Dan H. Stewart moved to approve the budget augmentation to add the P-18A to R-21S Waterline project to the City’s Capital Improvement Plan, from July 1, 2020, through June 20, 2025, and the agreement between the City of Henderson and Kimley-Horn and Associates, Inc., to provide construction documents for the project, in a not-to-exceed amount of $5,352,290.00. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 8 of 24 Tuesday, September 15, 2020 – Minutes CA-7 ENGINEERING SERVICES AGREEMENT 2630 PRESSURE ZONE WEST HENDERSON WATER TRANSMISSION MAIN L.R. NELSON CONSULTING ENGINEERS, LLC FUNDING SOURCE: WATER FUNDS CMTS NO. 23755 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and L.R. Nelson Consulting Engineers, LLC, to provide engineering services for the 2630 Pressure Zone West Henderson Water Transmission Main project, in a not-to-exceed amount of $2,046,613.00. (Motion) Councilman Dan H. Stewart moved to approve the agreement between the City of Henderson and L.R. Nelson Consulting Engineers, LLC, to provide engineering services for the 2630 Pressure Zone West Henderson Water Transmission Main project, in a not-to-exceed amount of $2,046,613.00. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-8 ENGINEERING SERVICES AGREEMENT RESERVOIR R-42 JACOBS ENGINEERING GROUP, INC. FUNDING SOURCE: WATER FUNDS CMTS NO. 23756 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and Jacobs Engineering Group, Inc., to provide engineering services for the design of Reservoir R-42, in a not-to-exceed amount of $2,292,036.00. (Motion) Councilman Dan H. Stewart moved to approve the agreement between the City of Henderson and Jacobs Engineering Group, Inc., to provide engineering services for the design of Reservoir R-42, in a not-to-exceed amount of $2,292,036.00. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 9 of 24 Tuesday, September 15, 2020 – Minutes CA-9 AGREEMENT AMENDMENT #1 CAYENTA CIS UPGRADE N. HARRIS COMPUTER CORPORATION CMTS NO. 21183 DEPARTMENT OF UTILITY SERVICES Amendment #1 to the Cayenta CIS Upgrade agreement between the City of Henderson and N. Harris Computer Corporation, to provide services and support to upgrade the Cayenta Customer Information System (CIS) to the current version, and to extend the term of the agreement to December 31, 2020. (Motion) Councilman Dan H. Stewart moved to ratify Amendment #1 to the Cayenta CIS Upgrade agreement between the City of Henderson and N. Harris Computer Corporation, to provide services and support to upgrade the Cayenta Customer Information System (CIS) to the current version, and to extend the term of the agreement to December 31, 2020. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-10 AGREEMENT AMENDMENT #2 LAKE LAS VEGAS LIFT STATIONS 19 & 25 IMPROVEMENTS GREELEY AND HANSEN, LLC CMTS NO. 20549 DEPARTMENT OF UTILITY SERVICES Amendment #2 to the agreement between the City of Henderson and Greeley and Hansen, LLC, to provide engineering services for the Lake Las Vegas Lift Stations 19 & 25 Improvements project, to extend the term of the agreement to June 30, 2021. (Motion) Councilman Dan H. Stewart moved to approve Amendment #2 to the agreement between the City of Henderson and Greeley and Hansen, LLC, to provide engineering services for the Lake Las Vegas Lift Stations 19 & 25 Improvements project, to extend the term of the agreement to June 30, 2021. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 10 of 24 Tuesday, September 15, 2020 – Minutes CA-11 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 68 LOCAL IMPROVEMENT DISTRICT (LID) T-18 INSPIRADA PORTION OF POD 5-2 DATED AUGUST 5, 2020 FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 68, Local Improvement District (LID) T-18, Inspirada, Portion of Pod 5-2, dated August 5, 2020. (Motion) Councilman Dan H. Stewart moved to approve the Apportionment Report and Final Assessment Roll, Amendment No. 68, Local Improvement District (LID) T-18, Inspirada, Portion of Pod 5-2, dated August 5, 2020. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-12 CASH REQUIREMENTS REGISTER JULY 30, 2020, THROUGH AUGUST 26, 2020 FINANCE DEPARTMENT Cash requirements register for the period of July 30, 2020, through August 26, 2020, in the amount of $35,594,006.61. (Motion) Councilman Dan H. Stewart moved to approve the cash requirements register for the period of July 30, 2020, through August 26, 2020, in the amount of $35,594,006.61. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 11 of 24 Tuesday, September 15, 2020 – Minutes CA-13 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY B, CLASS I SIMPLY BUILT MOTORS APPLICANT: SIMPLY BUILT MOTORS LLC Application for the Secondhand Dealer, Category B, Class I business license for Simply Built Motors LLC, dba Simply Built Motors, 6250 Mountain Vista Street, Suite H-4, Henderson, Nevada 89014. (Motion) Councilman Dan H. Stewart moved to approve the application for the Secondhand Dealer, Category B, Class I business license for Simply Built Motors LLC, dba Simply Built Motors, 6250 Mountain Vista Street, Suite H-4, Henderson, Nevada 89014, pending verification of compliance with State of Nevada Division of Industrial Relations and verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-14 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE MAN CAVE SALON APPLICANT: MAN CAVE SALON, LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Man Cave Salon, LLC, dba Man Cave Salon, 2510 St. Rose Parkway, Suite 120, Henderson, Nevada 89074. (Motion) Councilman Dan H. Stewart moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Man Cave Salon, LLC, dba Man Cave Salon, 2510 St. Rose Parkway, Suite 120, Henderson, Nevada 89074, pending verification of State of Nevada Division of Industrial Relations compliance and verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 12 of 24 Tuesday, September 15, 2020 – Minutes CA-15 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE WOODS FAMILY SANDWICHES APPLICANT: WOODS FAMILY SANDWICHES LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Woods Family Sandwiches LLC, dba Woods Family Sandwiches, 931 American Pacific Drive, Suite 106, Henderson, Nevada 89014. (Motion) Councilman Dan H. Stewart moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Woods Family Sandwiches LLC, dba Woods Family Sandwiches, 931 American Pacific Drive, Henderson, Suite 106, Nevada 89014, pending verification of State of Nevada, Division of Industrial Relations compliance. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-16 INTERLOCAL AGREEMENT WORKFORCE MOBILITY PROGRAM REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA FUNDING SOURCE: CORONAVIRUS RELIEF FUNDS (CRF) CMTS NO. 23778 COMMUNITY DEVELOPMENT AND SERVICES Interlocal agreement between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, for the Workforce Mobility Program, to provide a unique transportation option for employees working in the West Henderson area, effective from date of approval and shall remain effective until December 31, 2020, in a not-to-exceed amount of $68,500.00. Henderson City Council Regular Meeting Page 13 of 24 Tuesday, September 15, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to approve the Interlocal agreement between the City of Henderson and the Regional Transportation Commission (RTC) of Southern Nevada, for the Workforce Mobility Program, to provide a unique transportation option for employees working in the West Henderson area, effective from date of approval and shall remain effective until December 31, 2020, in a not-to-exceed amount of $68,500.00. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. CA-17 VACATION VAC-2020005634 AMIGO AND LARSON APPLICANT: D.R. HORTON INC. Petition to vacate public right-of-way and patent, road and drainage easements, generally located southeast of Volunteer Boulevard and Amigo Street, in the West Henderson Planning Area. (Motion) Councilman Dan H. Stewart moved to approve VAC-2020005634, subject to conditions. PUBLIC WORKS CONDITONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Vacation shall record concurrently with final map(s). 3. Certification by City Surveyor. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 14 of 24 Tuesday, September 15, 2020 – Minutes CA-18 DEVELOPMENT AGREEMENT DEV-2020005924 - WEST HENDERSON 10 APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, BRASS KEY LV HOLDINGS II Development Agreement for West Henderson 10 between the City of Henderson and Brass KEY LV Holdings II, for the development of approximately 10 acres, generally located at the southwest corner of Bruner Avenue and Amigo Street, in the West Henderson Planning Area. (Motion) Councilman Dan H. Stewart moved to approve the Development Agreement for West Henderson 10 between the City of Henderson and Brass KEY LV Holdings II, for the development of approximately 10 acres, generally located at the southwest corner of Bruner Avenue and Amigo Street, in the West Henderson Planning Area. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. VIII. PUBLIC HEARINGS PH-19 PUBLIC HEARING ASSEMBLY BILL 73 WORKING GROUP REPORT COMMUNITY DEVELOPMENT AND SERVICES, GOVERNMENT AND PUBLIC AFFAIRS Public Hearing to receive comments on the Assembly Bill 73 working group report on issues related to homelessness, and approve, modify, or reject the recommendations contained in the report. Michael Tassi, Community Development and Services Director, acknowledged the support of Stacy DiNicola, Community Resources Coordinator, and representative of Southern Nevada Homelessness Continuum of Care, SNH CoC, as well as David Cherry, Government Affairs Manager, and Christopher Boyd, Government Affairs Specialist, for their legislative support. Henderson City Council Regular Meeting Page 15 of 24 Tuesday, September 15, 2020 – Minutes Mr. Tassi also acknowledged the support of Aaron Sheets with HopeLink of Southern Nevada, a local non-profit community partner with the City, that has provided $185,000.00 for rental assistance. He said because HopeLink is also a subgrantee of the county, they have been able to spend $1.5 million dollars of Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to assist residents across the county, with approximately $300,000.00 directly helping Henderson residents, since the pandemic began. Mr. Tassi said since HopeLink of Southern Nevada has been a partner with the City for over 20 years and because of how they utilize the funds, the City is going to grant them an additional $1,000,000.00 of CARES Act funding to provide rental assistance for the Henderson residents that have the greatest need during this pandemic. Mr. Tassi displayed a PowerPoint presentation titled “Report of the Working Group to Address Homelessness,” and said Assembly Bill 73 from the 80th Session of the Nevada Legislature required the creation of a temporary working group to prepare and submit a report that includes methods to reduce homelessness; sources of funding; and recommendations for approval, modification, or denial by each local jurisdiction. Mr. Tassi said staff recommends approval. Responding to an inquiry from Councilman Stewart regarding how this working group integrates with the Southern Nevada Homelessness Continuum of Care (SNH CoC) Mr. Tassi said all of the jurisdictions, and many of the nonprofit organizations in this working group, are members of the SNH CoC. Mr. Tassi said the SNH CoC is still a solid approach and stated homelessness has decreased over the last 10 years due to the work of the SNH CoC. Mayor Pro Tem Marz thanked Mr. Tassi and the members of the working group for their hard work and cooperation with sister municipalities to help mitigate the difficult issue of homelessness. He said he hopes this issue will be alleviated for homeless individuals to become contributing members of society again. Mayor Pro Tem Marz opened the public hearing asking if there was anyone wishing to speak, in person or online, for or against this item. Andre Dixon, Deputy City Clerk, stated there was no one present in the lobby wishing to speak. April Parra, Administrative Deputy City Clerk, said there were no requests to speak received via WebEx. Henderson City Council Regular Meeting Page 16 of 24 Tuesday, September 15, 2020 – Minutes (Motion) Councilwoman Michelle Romero moved to accept public hearing comments and approve the working group report recommendations related to homelessness. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. IX. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE O-20 BILL NO. 3456 ZCA-2018000276-A7 – INSPIRADA TOWN CENTER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, ESSEX REAL ESTATE PARTNERS, LLC City Manager/CEO Derrick introduced and read Bill No. 3456 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 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. Henderson City Council Regular Meeting Page 17 of 24 Tuesday, September 15, 2020 – Minutes (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3456 as Ordinance No. 3718. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. O-21 BILL NO. 3463 ZCA-2010660007-A8 BLACK MOUNTAIN BUSINESS PARK / LAS PALMAS ENTRADA MINI STORAGE APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, DURANGO SQUARE, LLC City Manager/CEO Derrick introduced and read Bill No. 3463 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 SECTIONS 13 AND 14, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED SOUTHEAST OF LAS PALMAS ENTRADA AVENUE AND SATILLO WAY, IN THE MCCULLOUGH HILLS PLANNING AREA FROM RH-24-MP-PUD (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN AND PLANNED UNIT DEVELOPMENT OVERLAYS) TO RH-24-PUD (HIGH-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO REMOVE A 4.0-ACRE PARCEL FROM THE BLACK MOUNTAIN BUSINESS PARK MASTER PLAN. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3463 as Ordinance No. 3719. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 18 of 24 Tuesday, September 15, 2020 – Minutes O-22 BILL NO. 3464 ZCA-2020005359 BLACK MOUNTAIN BUSINESS PARK / LAS PALMAS ENTRADA MINI STORAGE APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, DURANGO SQUARE, LLC City Manager/CEO Derrick introduced and read Bill No. 3464 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 SECTIONS 13 AND 14, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED SOUTHEAST OF LAS PALMAS ENTRADA AVENUE AND SATILLO WAY, IN THE MCCULLOUGH HILLS PLANNING AREA FROM RH-24-PUD (HIGH-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO CN (NEIGHBORHOOD COMMERCIAL). (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3464 as Ordinance No. 3720. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 19 of 24 Tuesday, September 15, 2020 – Minutes O-23 BILL NO. 3465 ZCA-2018000276-A6 – INSPIRADA TOWN CENTER – MERA INSPIRADA APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, SPARROW PARTNERS City Manager/CEO Derrick introduced and read Bill No. 3465 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 SECTIONS 14 AND 23, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED ON THE SOUTHEAST CORNER OF VIA DA VINCI AND VIA INSPIRADA, IN THE WEST HENDERSON PLANNING AREA, FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RH-36-MP (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) AND AMEND THE INSPIRADA TOWN CENTER DESIGN STANDARDS TO ALLOW AN AGE-RESTRICTED PROJECT (SENIOR APARTMENTS) ON THIS SUBJECT PROPERTY ONLY. (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3465 as Ordinance No. 3721. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. O-24 BILL NO. 3466 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.50 – CITY BOARDS AND COMMISSIONS ECONOMIC DEVELOPMENT AND TOURISM City Manager/CEO Derrick introduced and read Bill No. 3466 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.50 – CITY BOARDS AND COMMISSIONS - OF THE HENDERSON MUNICIPAL CODE, DISSOLVING THE COMMISSION ON TOURISM. Henderson City Council Regular Meeting Page 20 of 24 Tuesday, September 15, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3466 as Ordinance No. 3722. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. X. NEW BUSINESS NB-25 RESOLUTION CREATE THE CITY OF HENDERSON COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM; AND PROVIDING THE MEANS OF FINANCING ENERGY EFFICIENCY IMPROVEMENT PROJECTS OR RENEWABLE ENERGY PROJECTS CMTS NO. 23737 COMMUNITY DEVELOPMENT AND SERVICES, PUBLIC WORKS City Manager/CEO Derrick introduced and read Resolution No. 4404 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, CREATING THE CITY OF HENDERSON COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM; TO PROVIDE THE MEANS OF FINANCING ONE OR MORE ENERGY EFFICIENCY IMPROVEMENT PROJECTS OR RENEWABLE ENERGY PROJECTS FOR COMMERCIAL OR INDUSTRIAL PROPERTY. Lance Olson, Assistant Director of Public Works, presented a summary of this item and said this resolution is to create a Commercial Property Assessed Clean Energy (C-PACE) program, that will allow commercial property owners to receive competitive interest rates to fund energy efficient improvements and finance up to 80 percent of the imprvements made to their buildings. (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4404. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. Henderson City Council Regular Meeting Page 21 of 24 Tuesday, September 15, 2020 – Minutes NB-26 RESOLUTION DEPOSIT AGREEMENT CONCERNING MODIFICATION TO LOCAL IMPROVEMENT DISTRICT NO. T-16 (THE FALLS AT LAKE LAS VEGAS) FINANCE DEPARTMENT City Manager/CEO Derrick introduced and read Resolution No. 4405 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING A DEPOSIT AGREEMENT RELATING TO A PROPOSED MODIFICATION OF LOCAL IMPROVEMENT DISTRICT NO. T-16 (THE FALLS AT LAKE LAS VEGAS). (Motion) Councilman Dan H. Stewart moved to adopt Resolution No. 4405 approving the deposit agreement relating to a proposed modification of Local Improvement District (LID) No. T-16 (The Falls at Lake Las Vegas). The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. NB-27 RESOLUTION WAIVER OF CITY COUNCIL APPROVAL FOR CONTRACTS IN EXCESS OF $100,000.00 CORONAVIRUS RELIEF FUNDS FINANCE DEPARTMENT City Manager/CEO Derrick introduced and read Resolution No. 4406 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO WAIVE REQUIREMENT FOR CITY COUNCIL APPROVAL FOR CONTRACTS WITH A VALUE GREATER THAN $100,000.00 AND INTERLOCAL AGREEMENTS PURSUANT TO CITY FISCAL MANAGEMENT POLICY 1300-01, FOR MONIES RECEIVED FROM CORONAVIRUS RELIEF FUNDS UNDER THE CARES ACT TO FACILITATE THE EXPEDITIOUS IMPLEMENTATION OF PROGRAMS RESPONDING TO THE COVID-19 PANDEMIC. Henderson City Council Regular Meeting Page 22 of 24 Tuesday, September 15, 2020 – Minutes Jim McIntosh, Chief Financial Officer, presented a summary of this item and said on August 4, 2020, the City Council approved item CA-10 to accept Coronavirus Relief Funds in the amount not to exceed $29,600,000.00. He stated since that time, the City has worked to prioritize eligible use of these funds to mitigate the economic and health impacts related to the COVID-19 pandemic. He said the funds were used for, but were not limited to, the Battle Born Kids school support programs, subsidies for local businesses, support for vulnerable populations, and personal protective equipment for City and local businesses. Mr. McIntosh said due to the December 31, 2020, deadline to expend Coronavirus Relief Funds, approval of this resolution will waive the Council’s approval of contracts or agreements over $100,000.00 under fiscal management policy 1300-01 to expedite implementation of future programs. Mr. McIntosh said while Council approval is waived, any authorized contracts entered by City Management will be presented for ratification in the future. Councilman Stewart, referring to the public comment made by Ms. Halley, asked Mr. McIntosh to give further details to demonstrate how transparent the spending of funding will be. Mr. McIntosh said the funding was a component of the CARES Act, which was a stimulus bill passed by the federal government. He said Clark County received a direct allocation of the funds and provided a share to the City of Henderson. Mr. McIntosh said the City is not only responsible in terms of a single, federal audit but also through a compliance report that the City provides directly to Clark County monthly. Mr. McIntosh said the City is in regular contact with Clark County’s finance department and has provided them with tentative plans for spending the funds. Following an inquiry by Councilwoman Romero regarding federal and county compliance guidelines, Mr. McIntosh said the United States Department of Treasury has provided guidelines documenting eligible expenditures for the use of Coronavirus Relief Funds. Mr. McIntosh said the City’s Grants Administrator is responsible of ensuring the federal dollars are following these guidelines, and the City works closely with the County to ensure they are comfortable with the City’s expenditures as well. Councilman Shaw said the public should be aware the Coronavirus Relief Funds have to be expended by December 31, 2020; however, it can take up to 45 days to get an item on a City Council agenda; therefore, the impetus for this resolution is a timing issue. He said contracts over $100,000.00 will still be presented to the City Council for ratification. Henderson City Council Regular Meeting Page 23 of 24 Tuesday, September 15, 2020 – Minutes (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4406, as amended under acceptance of agenda. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. XI. BILLS TO BE READ IN TITLE B-28 ACCOMPANYING BILL NO. 3467 FOR CA-18 DEV-2020005924 – WEST HENDERSON 10 COMMUNITY DEVELOPMENT AND SERVICES 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 BRASS KEY LV HOLDINGS II, FOR AN INDUSTRIAL DEVELOPMENT, GENERALLY LOCATED SOUTHWEST CORNER OF BRUNER AVENUE AND AMIGO STREET, IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3467 to the Committee Meeting of October 6, 2020, for review and recommendation. The roll call vote favoring passage was: Those voting aye: John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: Debra March. Those abstaining: None. Mayor Pro Tem Marz declared the motion carried. XII. MAYOR\COUNCIL MEMBER COMMENTS There were no Mayor\Council member comments presented. XIII. SET MEETING The Committee Meeting of October 6, 2020, was set for at 3:45 p.m., followed by the Regular Meeting at 4:00 p.m. XIV. PUBLIC COMMENT There were no public comments presented. Henderson City Council Regular Meeting Page 24 of 24 Tuesday, September 15, 2020 – Minutes XV. ADJOURNMENT There being no further business to come before the Council, Mayor Pro Tem Marz, in concurrence with the Council, adjourned the Regular Meeting at 4:36 p.m. PASSED AND ADOPTED THIS 6th DAY OF OCTOBER, 2020. ______________________ John F. Marz Mayor Pro Tem ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk