City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, August 3, 2021 I. CALL TO ORDER (Minutes/Discussion) Mayor March 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 March announced due to the termination of the State of Nevada Executive Department Declaration of Emergency Directive 006 as of May 31, 2021, in-person attendance will be allowed consistent with CDC guidelines and to please check www.cdc.gov for additional information. To make it easier for residents to voice their comments, there will be two public comment periods. There will be one at the beginning of the meeting, designated for comments related to items on the agenda, and one at the end of the meeting, for general public comment. Mayor March said residents may use the WebEx link to speak live to the Council or comment in person, and the meeting is being video recorded and streamed live to the Internet and on YouTube. II. CONFIRMATION OF POSTING (Minutes/Discussion) The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Nevada Open Meeting Law. III. ROLL CALL Present and responding to roll call were the following: Debra March, Mayor Michelle Romero, Councilwoman Dan K. Shaw, Councilman Dan H. Stewart, Councilman Absent: John F. Marz, Councilman Staff Present: Richard Derrick, City Manager/CEO Jose Luis Valdez, City Clerk Nicholas Vaskov, City Attorney Jim McIntosh, Chief Financial Officer Ed McGuire, Director of Public Works Henderson City Council Regular Meeting Page 2 of 46 Tuesday, August 3, 2021 – Minutes Michael Tassi, Community Development and Services Director April Parra, Administrative Deputy City Clerk Daniel Croy, Deputy City Clerk IV. INVOCATION AND PLEDGE OF ALLEGIANCE (Minutes/Discussion) The Invocation was given by Pastor Bobby from Sunrise Bible Church and was followed by the Pledge of Allegiance. V. PUBLIC COMMENT (Minutes/Discussion) There were no public comments presented. VI. ACCEPTANCE OF AGENDA (For Possible Action) (Motion) Councilman Dan H. Stewart moved to accept agenda as amended. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. (Minutes/Discussion) Item 11 was withdrawn at the request of staff. Item 50 was heard immediately following the Consent Agenda. Henderson City Council Regular Meeting Page 3 of 46 Tuesday, August 3, 2021 – Minutes VII. CITY MANAGER'S REPORT 1 CITY MANAGER'S REPORT CMTS NUMBER(S): NA CITY MANAGER'S OFFICE The City Manager’s Report cannot be acted upon or discussed at this meeting but may be referred by Council to the next regular meeting for consideration. (Minutes/Discussion) Richard Derrick, City Manager/CEO, announced August 7, 2021, as National Purple Heart Day, and in honor of the occasion, Councilwoman Romero will present a proclamation during a ceremony held at Henderson's Purple Heart Plaza and hosted by Purple Heart Local Chapter 720. Mr. Derrick congradulated the first graduating class from the Henderson Police Department's Camp 911, a four-day program developed by the Community Relations Unit of the Henderson Police Department to introduce middle-school youth to law enforcement and emergency services. Mr. Derrick stated Clark County is seeking public input in determining the type of lasting memorial to be created honoring the victims, survivors, and first responders of 1 October 2017. Mr. Derrick announced the retirements of Gustavo Leigh, Police Officer; Celina Lopez, Legal Assistant - Civil; Riccardo Robinson, Corrections Lieutenant; Lori Suiter, Senior Archives and Records Technician; and Thomas Zmyewski, Utility Services HVAC Spervisor; and thanked them for their years of dedicated service. VIII. CONSENT AGENDA (Motion) Councilman Dan K. Shaw moved to approve the Consent Agenda. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 4 of 46 Tuesday, August 3, 2021 – Minutes 2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS JULY 20, 2021 CMTS NUMBER(S): N/A CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of July 20, 2021. (Motion) Councilman Dan K. Shaw moved to adopt the City Council Committee and Regular Meeting minutes of July 20, 2021. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 3 ALLOCATION AGREEMENT OPIOID RECOVERY BETWEEN THE STATE OF NEVADA AND NEVADA LOCAL GOVERNMENTS FUNDING SOURCE: NO IMPACT CMTS NUMBER(S): N/A CITY ATTORNEY'S OFFICE Allocation Agreement between the State of Nevada and Nevada Local Governments throughout the state of Nevada for disbursement of future recoveries/funds obtained through the negotiated Resolution of Opioid Related Litigation with a 2.3 percent allocation to the City of Henderson. (Motion) Councilman Dan K. Shaw moved to approve the Allocation Agreement between the State of Nevada and Nevada Local Governments throughout the State of Nevada for disbursement of future recoveries/funds obtained through the negotiated Resolution of Opioid Related Litigation With a 2.3 percent allocation to the City of Henderson. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 5 of 46 Tuesday, August 3, 2021 – Minutes 4 DEVELOPMENT AGREEMENT DEV-2021007299 INSPIRADA TOWN CENTER PARCELS 21 & 30 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES CITY ATTORNEY'S OFFICE TRI POINTE HOMES NEVADA, INC. A Standard Form Development Agreement for Inspirada Town Center parcels 21 & 30 between the City of Henderson and Tri Pointe Homes Nevada, Inc., for the development of approximately 8.07 acres, generally located at the northwest corner of Via Monet and Via Altamira, in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve a Standard Form Development Agreement for Inspirada Town Center parcels 21 & 30 between the City of Henderson and Tri Pointe Homes Nevada, Inc., for the development of approximately 8.07 acres, generally located at the northwest corner of Via Monet and Via Altamira, in the West Henderson Planning Area. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 6 of 46 Tuesday, August 3, 2021 – Minutes 5 DEVELOPMENT AGREEMENT DEV-2020006306 ODYSSEY TIER INDUSTRIAL CENTER, LLC CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES CITY ATTORNEY'S OFFICE ODYSSEY TIER INDUSTRIAL CENTER, LLC A Standard Form Development Agreement for Odyssey Tier Industrial Center, LLC, between the City of Henderson and Odyssey Tier Industrial Center, LLC for the development of approximately five acres, generally located south of Dale Avenue and east of Chaparral Road in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve the Standard Form Development Agreement for Odyssey Tier Industrial Center between the City of Henderson and Odyssey Tier Industrial Center, LLC for the development of approximately five acres, generally located south of Dale Avenue and east of Chaparral Road in the West Henderson Planning Area. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 7 of 46 Tuesday, August 3, 2021 – Minutes 6 CONTRACT AMENDMENT #2 STRYKER PROCARE SERVICE AGREEMENT STRYKER CORPORATION FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): 21893 FIRE DEPARTMENT Amendment #2 to the agreement between the City of Henderson and Stryker Corporation to repair and maintain Stryker Power-LOAD systems and Stryker Power Cots that the Fire Department utilizes on its emergency response vehicles; increasing the purchase order issued to Stryker Corporation from $95,247.52 to $141,582.72, an increase of $46,335.20. (Motion) Councilman Dan K. Shaw moved to approve Amendment #2 to the agreement between the City of Henderson and Stryker Corporation to repair and maintain Stryker Power-LOAD systems and Stryker Power Cots that the Fire Department utilizes on its emergency response vehicles; increasing the purchase order issued to Stryker Corporation from $95,247.52 to $141,582.72, an increase of $46,335.20. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 8 of 46 Tuesday, August 3, 2021 – Minutes 7 ANNUAL BLANKET PURCHASE ORDER PERSONAL PROTECTIVE EQUIPMENT L.N. CURTIS & SONS, INC. FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): N/A FIRE DEPARTMENT Issuance of a blanket purchase to L.N. Curtis & sons, Inc., for the purchase of firefighting personal protective equipment for an estimated annual amount of $285,000.00 for FY22; $450,000.00 for FY23; and $500,000.00 for FY24. (Motion) Councilman Dan K. Shaw moved to approve the issuance of a blanket purchase to L.N. Curtis & sons, Inc., for the purchase of firefighting personal protective equipment for an estimated annual amount of $285,000.00 for FY22; $450,000.00 for FY23; and $500,000.00 for FY24. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 9 of 46 Tuesday, August 3, 2021 – Minutes 8 AGREEMENT AMENDMENT #1 SOFTWARE SUPPORT PURCHASE SENTINELONE ANTI-MALWARE SUBSCRIPTIONS AUTHORIZED RESELLER SHI FUNDING SOURCE: CITYWIDE SERVICES CMTS NUMBER(S): 20782 DEPARTMENT OF INFORMATION TECHNOLOGY Amendment #1 between the City of Henderson and SentinelOne Terms of Services for software support from authorized reseller SHI, for a period of three years, beginning June 14, 2021, and ending June 13, 2024, with the first-year total estimated amount of $78,214.00; second-year total estimated amount of $86,035.00; third-year total estimated amount of $94,639.00; with the total estimated cost of $258,888. (Motion) Councilman Dan K. Shaw moved to Approve the Amendment #1 between the City of Henderson and SentinelOne Terms of Services for software support from authorized reseller SHI for a period of three years, beginning June 14, 2021, and ending June 13, 2024, with the first-year total estimated amount of $78,214.00; second-year total estimated amount of $86,035.00; third-year total estimated amount of $94,639.00; with the total estimated cost of $258,888. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 10 of 46 Tuesday, August 3, 2021 – Minutes 9 INTERLOCAL AGREEMENT CITY OF HENDERSON PRESCHOOL PROGRAMS BOARD OF REGENTS OF THE NEVADA STATE SYSTEM OF HIGHER EDUCATION ON BEHALF OF NEVADA STATE COLLEGE FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): 24870 PARKS AND RECREATION NEVADA STATE COLLEGE Interlocal Agreement between the City of Henderson and the Board of Regents of the Nevada State System on Behalf of Nevada State College (NSC), where NSC has agreed to pay in full, the fees associated with enrolling the dependents of NSC students in City of Henderson preschool programs at Valley View Recreation Center. (Motion) Councilman Dan K. Shaw moved to approve the Interlocal Agreement between the City of Henderson and the Board of Regents of the Nevada State System on Behalf of Nevada State College (NSC), where NSC has agreed to pay in full, the fees associated with enrolling the dependents of NSC students in City of Henderson preschool programs at Valley View Recreation Center. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 11 of 46 Tuesday, August 3, 2021 – Minutes 10 GRANT AWARD 2021 VIOLENCE AGAINST WOMEN ACT, STOP/SASP GRANT STATE OF NEVADA, OFFICE OF THE ATTORNEY GENERAL FUNDING SOURCE: SALARIES CMTS NUMBER(S): N/A POLICE DEPARTMENT Ratification of the Grant Award from the Nevada Office of the Attorney General, 2021 Violence Against Women Act, STOP/SASP Grant to the City of Henderson in the amount of $66,874.00, requiring matching funds from the City of Henderson in the amount of $25,360.00 in salary, for the City of Henderson to continue its domestic violence advocacy program. (Motion) Councilman Dan K. Shaw moved to ratify the Grant Award from the Nevada Office of the Attorney General, 2021 Violence Against Women Act, STOP/SASP Grant to the City of Henderson, in the amount of $66,874.00, requiring matching funds from the City of Henderson in the amount of $25,360.00 in salary. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 11 AGREEMENT AMENDMENT #3 EXECUTIVE COACHING SERVICES – LEADERSHIP DEVELOPMENT INSTITUTE FOR EXECUTIVE DEVELOPMENT, INC. FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): 22478 POLICE DEPARTMENT Approve Amendment #3 to the Executive Coaching Services Agreement between the City of Henderson and Institute for Executive Development, Inc., increasing the value of the agreement for leadership development and strategic planning for the Henderson Police Department in the amount of $79,200.00, for a total of $171,000.00; and extending the term of the agreement to August 31, 2022. (Minutes) This item was withdrawn at the request of staff. Henderson City Council Regular Meeting Page 12 of 46 Tuesday, August 3, 2021 – Minutes 12 AWARD REQUEST FOR PROPOSAL (RFP) 133-21 CBRNE RESPONSE VEHICLE LENCO ARMORED VEHICLES FUNDING SOURCE: VEHICLES CMTS NUMBER(S): N/A POLICE DEPARTMENT LENCO ARMORED VEHICLES Award Request for Proposal (RFP) 133-21 CBRNE Response Vehicle to Lenco Armored Vehicles for the purchase of a Chemical, Biological, Radiological, Nuclear, and high yield Explosives (CBRNE) Response Vehicle in the amount of $273,234.00; and approve the purchase order between the City of Henderson and Lenco Armored Vehicles. (Motion) Councilman Dan K. Shaw moved to award Request for Proposal (RFP) 133-21 CBRNE Response Vehicle to Lenco Armored Vehicles for the purchase of a Chemical, Biological, Radiological, Nuclear, and high yield Explosives (CBRNE) Response Vehicle in the amount of $273,234.00; approve the purchase order between the City of Henderson and Lenco Armored Vehicles. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 13 of 46 Tuesday, August 3, 2021 – Minutes 13 EXTENSION OF EASEMENT AGREEMENTS NEVADA ENVIRONMENTAL RESPONSE TRUST CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Ratify Extension of Easement Agreements on APNs 178-12-699-006, 160-31-199-002, 160-31-199-003, 160-31-299-002, 160-31-399-002, 160-31-499-002, 160-31-499-004, 160-31-499-005 between the City of Henderson and Nevada Environmental Response Trust, until December 31, 2021, to provide time to negotiate one or more amendments to the Easement Agreements on terms and conditions acceptable to the parties. (Motion) Councilman Dan K. Shaw moved to ratify Extension of Easement Agreements on APNs 178-12-699-006, 160-31-199-002, 160-31-199-003, 160-31-299-002, 160-31-399-002, 160-31-499-002, 160-31-499-004, 160-31-499-005 between the City of Henderson and Nevada Environmental Response Trust, until December 31, 2021, to provide time to negotiate one or more amendments to the Easement Agreements on terms and conditions acceptable to the parties.. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 14 of 46 Tuesday, August 3, 2021 – Minutes 14 AGREEMENT AMENDMENT #2 ENGINEERING SERVICES HORROCKS ENGINEERS, INC. NEVADA STATE DRIVE, PARADISE HILLS DRIVE TO CONESTOGA WAY FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) CMTS NUMBER(S): 21571 PUBLIC WORKS DEPARTMENT Amendment #2 to Engineering Services Agreement No. 21571, between the City of Henderson and Horrocks Engineers, Inc., to increase the scope and funding for Nevada State Drive, Paradise Hills Drive to Conestoga Way, by the amount of $126,390.00, for a total contract amount of $767,310.00. (Motion) Councilman Dan K. Shaw moved to approve Amendment #2 to Engineering Services Agreement No. 21571, between the City of Henderson and Horrocks Engineers, Inc., to increase the scope and funding for Nevada State Drive, Paradise Hills Drive to Conestoga Way, by the amount of $126,390.00, for a total contract amount of $767,310.00. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 15 of 46 Tuesday, August 3, 2021 – Minutes 15 CONTRACT CHANGE ORDER #2 2020 ON CALL PAVEMENT PATCHING AND MISCELLANEOUS IMPROVEMENTS FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA CMTS NUMBER(S): 21928 PUBLIC WORKS DEPARTMENT Change Order #2 for the 2020 On Call Pavement Patching and Miscellaneous Improvements Contract between the City of Henderson and American Pavement Preservation to provide bus stop pads at various locations around the city as requested by the Regional Transportation Commission of Southern Nevada (RTC), in the amount of $31,139.34, increasing the contract amount from $4,802,635.37 to $4,833,774.71; increasing the total project budget from $5,117,554.00 to a new total project budget of $5,148,693.34; and authorize the Director of Public Works, or his designee, to sign change orders within the project budget. (Motion) Councilman Dan K. Shaw moved to ratify Change Order No. 2 to the 2020 On- Call Pavement Patching Contract between the City of Henderson and American Pavement Preservation to provide bus stop pads at various locations around the city as requested by the RTC, in the amount of $31,139.34 to be direct pay by RTC, increasing the contract amount from $4,802,635.37 to $4,833,774.71; increasing the total project budget from $5,117,554.00 to a new total project budget of $5,148,693.34; and authorize the Director of Public Works, or his designee, to sign change orders within the project budget. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 16 of 46 Tuesday, August 3, 2021 – Minutes 16 AWARD CONSTRUCTION CONTRACT 2021 ON-CALL PAVEMENT MARKINGS AND SIGNAGE HIGHWAY STRIPING AND SIGNS LLC. FUNDING SOURCE: TRAFFIC FUNDS AND GAS TAX CMTS NUMBER(S): 24813 PUBLIC WORKS DEPARTMENT Award Contract No. 24813, 2021 On-Call Pavement Markings and Signage, to Highway Striping & Signs LLC., in the amount of $422,164.50; approve a project budget in the amount of $512,164.50; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. (Motion) Councilman Dan K. Shaw moved to award Contract No. 24813, 2021 On-Call Pavement Markings and Signage, to Highway Striping & Signs LLC., in the amount of $422,164.50; approve a project budget in the amount of $512,164.50; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 17 of 46 Tuesday, August 3, 2021 – Minutes 17 EQUIPMENT PURCHASE ONE (1) PIERCE VELOCITY 100-FOOT AERIAL PLATFORM RG612 FIRE TRUCK PIERCE MANUFACTURING, INC. FUNDING SOURCE: CITY SHOP FUND CMTS NUMBER(S):N/A PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT Equipment purchase of one (1) Pierce Velocity 100-foot Aerial Platform RG612 Fire Truck from Pierce Manufacturing, Inc., through Hughes Fire Equipment, Inc., utilizing the accepted and awarded pricing for the NPPGov League of Oregon Cities (LOC) Master Price Agreement (MPA) for RFP No. 1905 for Fire Apparatus, for a total estimated amount of $1,265,246.00. (Motion) Councilman Dan K. Shaw moved to approve the equipment purchase of one (1) Pierce Velocity 100-foot Aerial Platform RG612 Fire Truck from Pierce Manufacturing, Inc., through Hughes Fire Equipment, Inc., utilizing the accepted and awarded pricing for the NPPGov League of Oregon Cities (LOC) Master Price Agreement (MPA) for RFP No. 1905 for Fire Apparatus, for a total estimated amount of $1,265,246.00. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 18 of 46 Tuesday, August 3, 2021 – Minutes 18 AWARD CONSTRUCTION CONTRACT MULTI-GEN PARKING LOT WADLEY CONSTRUCTION, INC. FUNDING SOURCE: SPECIAL RECREATION FUND CMTS NUMBER(S): 24814 PUBLIC WORKS DEPARTMENT Contract No. 24814, Multi-Gen Parking Lot, to Wadley Construction, Inc., in the amount of $184,994.80; approve a project budget in the amount of $218,294.80; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. (Motion) Councilman Dan K. Shaw moved to award Contract No. 24814, Multi-Gen Parking Lot, to Wadley Construction, Inc., in the amount of $184,994.80; approve a project budget in the amount of $218,294.80; and authorize the Director of Public Works or his designee to execute change orders within the project budget. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 19 of 46 Tuesday, August 3, 2021 – Minutes 19 AWARD INVITATION FOR BIDS (IFB) 156-21 TRAFFIC SIGNAL EMERGENCY ASSEMBLIES ADVANCED TRAFFIC PRODUCTS INC., MCCAIN, INC. FUNDING SOURCE: INFRASTRUCTURE REPAIRS & MAINTENANCE CMTS NUMBER(S): 24881, 24882 PUBLIC WORKS DEPARTMENT ADVANCED TRAFFIC PRODUCTS, INC. MCCAIN, INC. Award Invitation for Bids (IFB) 156-21 Traffic Signal Emergency Assemblies to the following vendors: Advanced Traffic Products, Inc., and McCain, Inc., for traffic signal emergency assemblies on an as-needed basis, in the total estimated annual amount of $120,000.00 per year, for the period of August 9, 2021, through July 31, 2023, with the City's option to renew for two (2) two-year periods; and approve contracts between the City and the selected vendors. (Motion) Councilman Dan K. Shaw moved to award Invitation for Bids (IFB) 156-21 Traffic Signal Emergency Assemblies to the following vendors: Advanced Traffic Products Inc.; and McCain, Inc. for traffic signal emergency assemblies on an as-needed basis, in the estimated total annual amount of $120,000.00 per year, for the period of August 9, 2021, through July 31, 2023, with the City's option to renew for two (2) two-year periods; and approve contracts between the City and the selected vendors. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 20 of 46 Tuesday, August 3, 2021 – Minutes 20 AGREEMENT EAM360 SUPPORT SERVICES SEDIN TECHNOLOGIES, INC. FUNDING SOURCE: WATER AND SEWER FUNDS CMTS NUMBER(S): 24836 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and Sedin Technologies, Inc., to provide support services for the Maximo Mobile Solutions application “EAM360” for the Department of Utility Services, in an amount not to exceed $160,000.00 during the initial term; $162,400.00 during the first extension term; $164,920.00 during the second extension term; and $167,566.00 during the third extension term, with the initial term expiring June 30, 2022, and the option to renew for three (3) additional one-year periods. (Motion) Councilman Dan K. Shaw moved to approve the Agreement between the City of Henderson and Sedin Technologies, Inc., to provide support services for the Maximo Mobile Solutions application “EAM360” for the Department of Utility Services, in an amount not to exceed $160,000.00 during the initial term; $162,400.00 during the first extension term; $164,920.00 during the second extension term; and $167,566.00 during the third extension term, with the initial term expiring June 30, 2022, and the option to renew for three (3) additional one-year periods. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 21 of 46 Tuesday, August 3, 2021 – Minutes 21 BUSINESS LICENSE MASSAGE ESTABLISHMENT BEAUTY AND BODYWORKS STUDIOS CMTS NUMBER(S): N/A BEAUTY AND BODYWORKS STUDIOS LLC Application for the Massage Establishment business license for Beauty and Bodyworks Studios LLC, dba Beauty and Bodyworks Studios, 9550 South Eastern Avenue, Suite 237, Henderson, Nevada 89123. (Motion) Councilman Dan K. Shaw moved to approve the application for the Massage Establishment business license for Beauty and Bodyworks Studios LLC, dba Beauty and Bodyworks Studios, 9550 South Eastern Avenue, Suite 237, Henderson, Nevada 89123 pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 22 of 46 Tuesday, August 3, 2021 – Minutes 22 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER BLUEJAY GEMS PROF. LLC CMTS NUMBER(S): N/A BLUEJAY GEMS PROF. LLC Application for the Psychic Arts Practitioner business license for Bluejay Gems Prof. LLC, db at Psychic Eye Book Shops, Inc., 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89123. (Motion) Councilman Dan K. Shaw moved to approve the application for the Psychic Arts Practitioner business license for Bluejay Gems Prof. LLC, db at Psychic Eye Book Shops, Inc., 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89123 pending verification of registration with Nevada Department of Taxation and verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 23 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY B, CLASS II CHIC & COZY CONSIGNMENT FURNITURE CMTS NUMBER(S): N/A CHIC AND COZY CONSIGNMENT FURNITURE, LLC Application for the Secondhand Dealer, Category B, Class II business license for Chic and Cozy Consignment Furniture, LLC, dba Chic & Cozy Consignment Furniture, 10624 South Eastern Avenue, Suite I, Henderson, Nevada 89052. (Motion) Councilman Dan K. Shaw moved to approve the application for the Secondhand Dealer, Category B, Class II business license for Chic and Cozy Consignment Furniture, LLC, dba Chic & Cozy Consignment Furniture, 10624 South Eastern Avenue, Suite I, Henderson, Nevada 89052. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 23 of 46 Tuesday, August 3, 2021 – Minutes 24 BUSINESS LICENSE RESTRICTED GAMING CRAWFORD COIN, INC. CMTS NUMBER(S): N/A CRAWFORD COIN, INC. Application for the Restricted Gaming business license for Crawford Coin, Inc., db at Green Valley Grocery #71, 655 East Sunset Road, Henderson, Nevada 89011. (Motion) Councilman Dan K. Shaw moved to approve the application for the Restricted Gaming business license for Crawford Coin, Inc., db at Green Valley Grocery #71, 655 East Sunset Road, Henderson, Nevada 89011 pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 25 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE CUBANIDAD CMTS NUMBER(S): N/A LV CUBAN RE LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for LV Cuban RE LLC, dba Cubanidad, 10575 South Eastern Avenue, Suite 100, Henderson, Nevada 89052. (Motion) Councilman Dan K. Shaw moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for LV Cuban RE LLC, dba Cubanidad, 10575 South Eastern Avenue, Suite 100, Henderson, Nevada 89052 pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 24 of 46 Tuesday, August 3, 2021 – Minutes 26 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY B, CLASS I ESSENCE MOTORS CMTS NUMBER(S): N/A ESSENCE MOTORS LLC Application for the Secondhand Dealer, Category B, Class I business license for Essence Motors LLC, dba Essence Motors, 520 West Sunset Road, Suite 15, Henderson, Nevada 89011. (Motion) Councilman Dan K. Shaw moved to approve the application for the Secondhand Dealer, Category B, Class I business license for Essence Motors LLC, dba Essence Motors, 520 West Sunset Road, Suite 15, Henderson, Nevada 89011. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 27 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE GREEN VALLEY GROCERY #71 CMTS NUMBER(S): N/A MIDJIT MARKET, INC. Application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for Midjit Market, Inc., dba Green Valley Grocery #71, 655 East Sunset Road, Henderson, Nevada 89011. (Motion) Councilman Dan K. Shaw moved to approve the application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for Midjit Market, Inc., dba Green Valley Grocery #71, 655 East Sunset Road, Henderson, Nevada 89011 pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 25 of 46 Tuesday, August 3, 2021 – Minutes 28 BUSINESS LICENSE CATERING LIQUOR MOBILE BEVERAGE COMPANY CMTS NUMBER(S): N/A MOBILE BEVERAGE COMPANY Application for the Catering Liquor business license for Keebo Robinson & Jady Robinson dba Mobile Beverage Company, 3020 Builders Avenue, Las Vegas, Nevada 89101. (Motion) Councilman Dan K. Shaw moved to approve the application for the Catering Liquor business license for Keebo Robinson & Jady Robinson dba Mobile Beverage Company, 3020 Builders Avenue, Las Vegas, Nevada 89101. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 29 BUSINESS LICENSE TAVERN - LIQUOR AND RESTRICTED GAMING RED DRAGON SPORTS BAR #210 CMTS NUMBER(S): N/A NEVADA RESTAURANT SERVICES, INC. Application for the Tavern - Liquor and Restricted Gaming business licenses for Nevada Restaurant Services, Inc., dba Red Dragon Sports Bar #210, 2109 South Magic Way, Suite 110, Henderson, Nevada 89002. (Motion) Councilman Dan K. Shaw moved to approve the application for the Tavern - Liquor and Restricted Gaming business licenses for Nevada Restaurant Services, Inc., dba Red Dragon Sports Bar #210, 2109 South Magic Way, Suite 110, Henderson, Nevada 89002 pending verification of Nevada Gaming Commission approval and required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 26 of 46 Tuesday, August 3, 2021 – Minutes 30 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER RIO SIMONE CMTS NUMBER(S): N/A RIO SIMONE Application for the Psychic Arts Practitioner business license for Rio Simone, db at Psychic Eye Book Shops, Inc., 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89074. (Motion) Councilman Dan K. Shaw moved to approve the application for the Psychic Arts Practitioner business license for Rio Simone, db at Psychic Eye Book Shops, Inc., 9550 South Eastern Avenue, Suite 130, Henderson, Nevada 89074 pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 31 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE SBARRO CMTS NUMBER(S): N/A CG ENTERPRISES LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for CG Enterprises LLC, dba Sbarro, 1500 Railroad Pass Casino Road, Henderson, Nevada 89002. (Motion) Councilman Dan K. Shaw moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for CG Enterprises LLC, dba Sbarro, 1500 Railroad Pass Casino Road, Henderson, Nevada 89002. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 27 of 46 Tuesday, August 3, 2021 – Minutes 32 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE US GAS 10 CMTS NUMBER(S): N/A LV PETROLEUM, LLC Application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for LV Petroleum, LLC, dba US GAS 10, 1452 North Boulder Highway, Henderson, Nevada 89011. (Motion) Councilman Dan K. Shaw moved to approve the application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for LV Petroleum, LLC, dba US GAS 10, 1452 North Boulder Highway, Henderson, Nevada 89011 pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 33 VACATION VAC-2021007042 BATTISTA WELPMAN WEST CMTS NUMBER(S):N/A APPLICANT: D.R. HORTON Petition to vacate a portion of public right-of-way and a portion of patent easement generally located north of Welpman Way and south of Volunteer Boulevard, in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2021007042, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 28 of 46 Tuesday, August 3, 2021 – Minutes 34 VACATION VAC-2021007078 BERMUDA WELPMAN MULTIFAMILY CMTS NUMBER(S):N/A APPLICANT: SONOMA HOUSING ADVISORS, LLC A petition to vacate a portion of public right-of-way generally located southeast of Placid Street and Volunteer Boulevard in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2021007078, subject to a finding of fact and condition. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 35 VACATION VAC-2021007144 GATEWAY MASTER INFRASTRUCTURE CMTS NUMBER(S):N/A APPLICANT: GATEWAY MASTER, LLC A petition to vacate a portion of public right-of-way along Gibson Road, west of Boulder Highway, and a public drainage easement generally located north of Galleria Drive and west of Boulder Highway, in the Eastside Redevelopment and Midway Planning Areas. (Motion) Councilman Dan K. Shaw moved to approve, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 29 of 46 Tuesday, August 3, 2021 – Minutes 36 VACATION VAC-2021007300 INSPIRADA TOWN CENTER LOTS 21 & 30 CMTS NUMBER(S):N/A APPLICANT: TRI POINTE HOMES NEVADA, INC. A petition to vacate a portion of public right-of-way and a non-exclusive utility easement generally located on the northwest corner of Via Monet and Via Altamira, extending to Avenida Brancusi, in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 37 VACATION VAC-2021007303 SAUSALITO DRIVE & PUEBLO BOULEVARD CMTS NUMBER(S):N/A APPLICANT: TEMPLETON DEVELOPMENT CORPORATION A petition to vacate a portion of Sausalito Drive public right-of-way generally located north of the northeast corner of Boulder Highway and Pueblo Boulevard in the Valley View Planning Area. (Motion) Councilman Dan K. Shaw moved to approve, subject to a finding of fact and condition. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 30 of 46 Tuesday, August 3, 2021 – Minutes 38 VACATION VAC-2021007576 WARM SPRINGS AND BOULDER HIGHWAY CMTS NUMBER(S):N/A THE LANDWELL COMPANY, L.P. A petition to vacate a 20-foot-wide utility and access easement generally located north of Warm Springs Road and Pabco Road in the Eastside Redevelopment and Cadence Planning Area. (Motion) Councilman Dan K. Shaw moved to approve, subject to a finding of fact and condition. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 39 VACATION VAC-2021007670 INSPIRADA POD 5-4 CMTS NUMBER(S):N/A APPLICANT: TRI POINTE HOMES NEVADA, INC Petition to vacate an emergency access easement generally located south of the southeast corner of Via Monet and Via Altamira, in the Inspirada Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2021007670, subject to a finding of fact and condition. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 31 of 46 Tuesday, August 3, 2021 – Minutes 40 VACATION VAC-2021007761 MACDONALD RANCH HIGHLANDS PA 18, PHASE 4 CMTS NUMBER(S):N/A APPLICANT: CHRISTOPHER HOMES Petition to vacate non-exclusive utility easements generally located within a portion of Planning Area 18, Phase 4, at the north end of Overlook Rim Drive and directly north of the intersection of Bykowski Drive and Overlook Rim Drive, in the MacDonald Ranch Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2021007761, subject to a finding of fact and condition. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. 41 VACATION VAC-2021007767 VIENTO ESTATES CMTS NUMBER(S):N/A APPLICANT: GREYSTONE NEVADA, LLC Petition to vacate a public drainage easement generally located southwest of Horizon Ridge Parkway and Viento Puntero Drive, in the McCullough Hills Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2021007767, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 32 of 46 Tuesday, August 3, 2021 – Minutes 42 VACATION VAC-2021007781 RAINBOW CANYON PARCELS W-2A & W-3A CMTS NUMBER(S):N/A APPLICANT: LAKE LAS VEGAS RECOVERY ACQUISITION, LLC Petition to vacate a non-exclusive utility easement generally located northeast of Summer House Drive and Lake Las Vegas Parkway, in the Lake Las Vegas Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2021007781, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. IX. PUBLIC HEARINGS 43 PUBLIC HEARING APPEAL OF DECISION AP-3-21 FOR CONDITIONAL USE PERMIT CUP- 2021007588 WAHOO'S AT HORIZON AND HORIZON CMTS NUMBER(S): N/A WFTLV04, LLC, DBA WAHOO’S FISH TACO Appeal of the Planning Commission's decision to deny a conditional use permit request for an expansion of a legal/non-conforming use (Restaurant with Bar) to expand the hours of operation to 24-hours, located at 76 West Horizon Ridge Parkway, Suite 100, in the McCullough Hills Planning Area. (Motion) Mayor Debra March moved to modify Planning Commission's decision to deny Conditional Use Permit CUP-2021007588 for Wahoo's located at 76 West Horizon Ridge Parkway, Suite 100, to allow 24-hour operation of the restaurant component of the business, subject to conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 33 of 46 Tuesday, August 3, 2021 – Minutes (Minutes/Discussion) Michael Tassi, Director of Community Development and Services, presented this item. Shelley Flandermeyer, 89135, the appellant and owner of WFTLV04 LLC, doing business as Wahoo’s Fish Tacos, stated the reason for the appeal is to allow 24-hour operation of the restaurant is to make this restaurant location consistent with other locations throughout the Las Vegas Valley and to allow the restaurant to provide meals through delivery services to customers at additional times throughout the day. Matt Flandermeyer, 89012, representing the owner of the business, explained that the primary source of business revenue for Wahoo’s Fish Tacos is food and beverage sales and that extending the hours of operation would not allow the business to operate as a tavern, but to provide meals at additional times when there are fewer options for customers. George Garcia, 89014, representing the applicant, gave a presentation explaining the operating differences between Wahoo’s Fish Tacos, a non- conforming restaurant with bar, and a tavern. Mr. Garcia stated the Golden Gaming PT’s location across the street does not view Wahoo’s Fish Tacos as a competing tavern and that the business has obtained three-hundred signatures in support of the application. Mayor March opened the item for public hearing and asked if there were any comments related to this hearing. There being no one wishing to speak, the public comment period was closed. Mayor March stated two response cards were received, one in support and one opposed. Councilwoman Michelle Romero stated the development, including this business, based on its proximity to a freeway exit, makes it unique in that many of the businesses in the development offer twenty-four-hour food service and Wahoo’s is no different. Councilman Dan Shaw stated the business received approval as a grandfathered restaurant with bar and is seeking to operate similarly to a tavern and approving this business for tavern-like operations could encourage other similar businesses to seek approvals usually reserved for taverns. Councilman Dan Stewart concurred with Councilman Shaw and expressed his concerns with setting a precedence with this approval. Responding to a question from Mayor March regarding avenues for a modified approval, Mr. Tassi stated the business could be required to create a separation Henderson City Council Regular Meeting Page 34 of 46 Tuesday, August 3, 2021 – Minutes between the restaurant and bar or condition the approval of the hours of operation on the closure of the bar and bar-top gaming devices, should Council deem appropriate. 44 REPORT OF DEMOLITION ABATEMENT COSTS AND PROPOSED ASSESSMENT OF COSTS CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES A) Consider a report of demolition costs ("Final Abatement Report") of $7,526.00, incurred by the City of Henderson in completing an abatement of a dangerous building localed at 227 Navajo Drive, Henderson, Nevada 89015, Assessor's Parcel Number 179-05-813-060; B) Hear any objections or protests to the Final Abatement Report; C) Confirm or reject the Final Abatement Report and its charge of $7,526.00; and D) Consider whether to order the charge to be made a personal obligation against the property owner, Takesian Shelley G, or assess the charge against the property as a special assessment lien to be recorded on the Clark County assessment roll. (Motion) Councilwoman Michelle Romero moved to approve the abatement report and direct staff to assess the charge of $7,526.00 against the property as a special assessment lien to be recorded on the Clark County assessment roll. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. (Minutes/Discussion) Michael Tassi, Director of Community Development and Services, presented a summary of this item. Mayor March opened the public hearing and asked if there were any comments related to this item. There being no one wishing to speak, the public hearing was closed. Henderson City Council Regular Meeting Page 35 of 46 Tuesday, August 3, 2021 – Minutes X. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE 45 BILL NO. 3543 DEVELOPMENT AGREEMENT DEV-2021007882 HENDERSON EXECUTIVE INDUSTRIAL PARK CMTS NUMBER(S): N/A CITY ATTORNEY’S OFFICE COMMUNITY DEVELOPMENT AND SERVICES 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 HENDERSON EXECUTIVE INDUSTRIAL PARK, LLC, GENERALLY LOCATED SOUTHEAST CORNER OF BRUNER AVENUE AND RAIDERS WAY, IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3543 as Ordinance No. 3793. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 36 of 46 Tuesday, August 3, 2021 – Minutes XI. NEW BUSINESS 46 APPOINTMENTS (MAYOR MARCH) BLUE RIBBON COMMISSION ON EDUCATIONAL EXCELLENCE AND YOUTH OPPORTUNITY CMTS NUMBER(S): N/A CITY CLERK'S OFFICE Mayor March nominates the following individuals to be appointed to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity: Jennifer Atlas, adult member, term to expire January 31, 2023; McKenzie Shelton-Lott, student member, term to expire July 31, 2023; London Cowley, student member, term to expire July 31, 2024; Mallory Rich, student member, term to expire July 31, 2023; and Daisy Ramos, student member, term to expire July 31, 2022. (Motion) Mayor Debra March moved to appoint the following individuals to the Blue Ribbon Commission on Educational Excellence and Youth Opportunity: Jennifer Atlas, adult member, term to expire January 31, 2023; McKenzie Shelton-Lott, student member, term to expire July 31, 2023; London Cowley, student member, term to expire July 31, 2024; Mallory Rich, student member. term to expire July 31, 2023; and Daisy Ramos, student member, term to expire July 31, 2022. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. (Minutes/Discussion) Mayor Debra March presented a summary of this item. Henderson City Council Regular Meeting Page 37 of 46 Tuesday, August 3, 2021 – Minutes 47 ZONE CHANGE AMENDMENT A) ZCA-2020006005 CONDITIONAL USE PERMIT B) CUP-2020006007 CONDITIONAL USE PERMIT C) CUP-2020006013 CONDITIONAL USE PERMIT D) CUP-2020006016 DESIGN REVIEW E) DRA-2020006006 CALVARY CHAPEL GREEN VALLEY CHURCH AND ACADEMY CMTS NUMBER(S): N/A APPLICANT: CALVARY CHAPEL GREEN VALLEY A) Apply City of Henderson PS (Public/Semipublic) zoning designation to 16.2 acres of property with no established zoning; B) Religious Assembly (church); C) School (private charter K-12); D) Day Care Facility; and E) Review of architecture and site design for a church, school, and day care facility; on 16.2 acres generally located east of Gilespie Street and north of Mullen Avenue, in the West Henderson Planning Area. (Motion) Mayor Pro Tem Dan H. Stewart moved to approve ZCA-2020006005, CUP- 2020006007, CUP-2020006013, CUP-2020006016, and DRA-2020006006, subject to findings of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Councilwoman Michelle Romero, Mayor Pro Tem Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: Mayor Debra March. Result: Pass. (Minutes/Discussion) Mayor Debra March stated she is a member of Calvary Chapel and her interest as a member of the church could be perceived to impact her independent judgment on this matter and she will abstain from voting and deliberating on this item. Michael Tassi, Director of Community Development and Services, presented a summary of this item. Henderson City Council Regular Meeting Page 38 of 46 Tuesday, August 3, 2021 – Minutes Jeffrey Armstrong, 89146, representing the applicant, concurred with staff’s recommendation for approval. Mayor Pro Tem Dan Shaw opened the public hearing and asked if there were any comments related to this item. There being no one wishing to speak, the public hearing was closed. 48 ZONE CHANGE AMENDMENT A) ZCA-2018000276-A10 WAIVER OF STANDARDS B) WOS- 2021007309 TENTATIVE MAP C) TMA-2021007305 DESIGN REVIEW D) DRA-2021008026 INSPIRADA TOWN CENTER – LOTS 21 & 30 CMTS NUMBER(S):N/A APPLICANT: TRI POINTE HOMES NEVADA, INC. A) Rezone from PC-MP (Planned Community with Master Plan Overlay) to RM- 16-MP (Medium-Density Residential with Master Plan Overlay) on 0.7 acre, from RM-10-MP (Medium-Density Residential with Master Plan Overlay) to RM- 16-MP (Medium-Density Residential with Master Plan Overlay) on 7.4 acres; B) Waiver from Inspirada Town Center standards to: a) reduce the minimum lot width from 25 feet to 24 feet, and b) reduce front second story living setback from 10 feet to 2 feet; C) A 110-lot (104 single-family, 6 common) residential subdivision; and D) Review of architecture and site design for a residential subdivision; on 8.6 acres generally located at the northwest corner of Via Monet and Via Altamira, in the West Henderson Planning. (Motion) Councilwoman Michelle Romero moved to approve ZCA-2018000276-A10, WOS-2021007309, TMA-2021007305, and DRA-2021008026, subject to finding of facts, conditions, and waivers. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 39 of 46 Tuesday, August 3, 2021 – Minutes (Minutes/Discussion) Michael Tassi, Director of Community Development and Services, presented a summary of this item. Tom Amick, 89135, representing the applicant, concurred with staff’s recommendation for approval. 49 ZONE CHANGE AMENDMENT A) ZCA-2018000276-A9 WAIVER OF STANDARDS AMENDMENT B) WOS-2021007912-A1 TENTATIVE MAP AMENDMENT C) TMA-2020006534-A1 INSPIRADA TOWN CENTER - PARCEL 1, UNIT 2 CMTS NUMBER(S): N/A APPLICANT: KB HOME A) Amend a zone change/master plan (Inspirada Town Center) to rezone from PC-MP (Planned Community with Master Plan Overlay) to RM-10-MP (Medium- Density Residential with Master Plan Overlay) on a 2.7-acre portion of the overall master plan; B) Waivers from Inspirada Town Center standards to be applied to the additional acreage of the overall tentative map: a) reduce the minimum lot size from 2,500 square feet to 2,000 square feet, b) reduce the minimum lot width from 30 feet to 25 feet and corner lot width from 35 to 30 feet for alley-loaded townhomes, and c) allow driveway lengths between 5 and 18-foot driveway for the townhome products/units (Lot 93, 108 and 167); and C) Amend a tentative map to revise the map from a 269-lot (152 single family, 93 townhomes, 24 common) to 297-lot (174 single-family, 93 townhomes, 30 common) residential subdivision, and to increase the acreage from 27.5 acres to 30.2 acres, located northwest of Via Centro and future Senate Road, in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve ZCA-2018000276-A9, WOS- 2021007912-A1, TMA-2020006534-A1, subject to finding of facts and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 40 of 46 Tuesday, August 3, 2021 – Minutes (Minutes/Discussion) Michael Tassi, Director of Community Development and Services, presented a summary of this item. Tom Amick, 89135, representing the applicant, concurred with staff’s recommendation for approval. 50 RESOLUTION HENDERSON CITY HALL LEASE AGREEMENT CMTS NUMBER(S): 24884 PUBLIC WORKS DEPARTMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA EXPRESSING ITS INTENT TO ENTER INTO A LEASE AGREEMENT WITH WORKFORCE CONNECTIONS TO LEASE APPROXIMATELY ONE HUNDRED FIFTY-THREE (153) SQUARE FEET OF VACANT OFFICE SPACE LOCATED IN THE DEVELOPMENT SERVICES CENTER ON THE FIRST FLOOR OF HENDERSON CITY HALL, LOCATED AT 240 WATER STREET, HENDERSON, NEVADA 89015 WITHOUT OFFERING THE PROPERTY TO THE PUBLIC, AND FOR LESS THAN THE FAIR MARKET VALUE OF THE BUILDING SPACE. (Motion) Councilwoman Michelle Romero moved to adopt Resolution No. 4444. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. (Minutes/Discussion) This item was heard immediately following the Consent Agenda. Derek Armstrong, Director of Economic Development and Tourism, and Jaime Cruz, Executive Director of Workforce Connections, presented the item. Henderson City Council Regular Meeting Page 41 of 46 Tuesday, August 3, 2021 – Minutes XII. BILLS TO BE READ IN TITLE 51 ACCOMPANYING BILL NO. 3544 FOR ITEM NO. 47 ZONE CHANGE AMENDMENT ZCA-2020006005 CALVARY CHAPEL GREEN VALLEY CHURCH AND ACADEMY CMTS NUMBER(S):N/A COMMUNITY DEVELOPMENT AND SERVICES CALVARY CHAPEL GREEN VALLEY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, generally LOCATED AT EAST OF GILESPIE STREET AND NORTH OF MULLEN AVENUE, IN THE WEST HENDERSON PLANNING AREA. TO APPLY CITY OF HENDERSON PS (PUBLIC/SEMIPUBLIC) ZONING DESIGNATION TO 16.2 ACRES OF PROPERTY WITH NO ESTABLISHED ZONING. (Motion) Mayor Pro Tem Dan H. Stewart moved to refer Bill No. 3544 to the Committee meeting of August 17, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilwoman Michelle Romero, Mayor Pro Tem Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: Mayor Debra March. Result: Pass. (Minutes/Discussion) Mayor Debra March stated she is a member of Calvary Chapel and her interest as a member of the church could be perceived to impact her independent judgment on this matter and she will abstain from voting and deliberating on this item. Henderson City Council Regular Meeting Page 42 of 46 Tuesday, August 3, 2021 – Minutes 52 ACCOMPANYING BILL NO. 3545 FOR ITEM NO. 4 DEVELOPMENT AGREEMENT DEV-2021007299 INSPIRADA TOWN CENTER PARCELS 21 & 30 CMTS NUMBER(S):N/A COMMUNITY DEVELOPMENT AND SERVICES, CITY ATTORNEY'S OFFICE, TRI POINTE HOMES NEVADA 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 TRI POINTE HOMES NEVADA INC, A NEVADA CORPORATION, FOR A DEVELOPMENT, ON APPROXIMATELY 8.07 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF VIA MONET AND VIA ALTAMIRA, IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3545 to the Regular Meeting of August 17, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 43 of 46 Tuesday, August 3, 2021 – Minutes 53 ACCOMPANYING BILL NO. 3546 FOR ITEM NO. 49 ZCA-2018000276-A9 INSPIRADA TOWN CENTER – PARCEL 1, UNIT 2 CMTS NUMBER(S):N/A COMMUNITY DEVELOPMENT AND SERVICES KB HOME 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 15, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 2.7 ACRES LOCATED NORTHWEST OF VIA CENTRO AND FUTURE SENATE ROAD, IN THE WEST HENDERSON PLANNING AREA FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-10-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY). (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3546 to the Committee meeting of August 17, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 44 of 46 Tuesday, August 3, 2021 – Minutes 54 ACCOMPANYING BILL NO. 3547 FOR ITEM NO. 48 ZCA-201800276-A10 INSPIRADA TOWN CENTER – LOTS 21 & 30 CMTS NUMBER(S):N/A COMMUNITY DEVELOPMENT AND SERVICES TRI POINTE HOMES NEVADA, INC. 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 23 TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 8.1 ACRES LOCATED AT THE NORTHWEST CORNER OF VIA MONET AND VIA ALTAMIRA, IN THE WEST HENDERSON PLANNING FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-16-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 0.7 ACRE, FROM RM-10-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) TO RM-16-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 7.4 ACRES. (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3547 to the Committee meeting of August 17, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 45 of 46 Tuesday, August 3, 2021 – Minutes 55 ACCOMPANYING BILL NO. 3548 FOR ITEM NO. 5 DEVELOPMENT AGREEMENT DEV-2020006306 ODYSSEY TIER INDUSTRIAL CENTER LLC CMTS NUMBER(S): N/A CITY ATTORNEY'S OFFICE COMMUNITY DEVELOPMENT AND SERVICES 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 ODYSSEY TIER INDUSTRIAL CENTER, LLC, FOR AN INDUSTRIAL DEVELOPMENT, GENERALLY LOCATED SOUTH OF DALE AVENUE AND EAST OF CHAPARRAL ROAD, IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3548 to the Committee Meeting of August 17, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman John F. Marz. Those abstaining: (None). Result: Pass. XIII. MAYOR\COUNCILMEMBER COMMENTS (Minutes/Discussion) There were no Mayor\Councilmember comments presented. XIV. SET MEETING (Minutes/Discussion) City Council Committee Meeting of August 17, 2021, will begin at 3:45 p.m., followed by the City Council Regular Meeting at 4:00 p.m. Henderson City Council Regular Meeting Page 46 of 46 Tuesday, August 3, 2021 – Minutes XV. PUBLIC COMMENT (Minutes/Discussion) Christian Carlson, 89014, requested Council revise amendments and certain rules and standards pertaining to short-term vacation rentals under Henderson Municipal Code 19.5.3(g), specifically those regulations requiring a separation of 1,000 feet between registered short-term vacation rental properties. XVI. ADJOURNMENT (Minutes/Discussion) There being no further business to discuss, Mayor March adjourned the meeting at 4:44 p.m. PASSED AND ADOPTED THIS 17TH DAY OF AUGUST, 2021 ______________________ Debra March Mayor ATTEST: _____________________ Jose Luis Valdez City Clerk