City Council Regular

CITY OF HENDERSON CITY COUNCIL REGULAR MEETING MEETING MINUTES Tuesday, November 2, 2021 I. CALL TO ORDER (Minutes/Discussion) Mayor Debra March called the Regular Meeting to order at 3:59 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. However, in accordance with Declaration of Emergency Directive 047, individuals shall be required to cover their nose and mouth with a mask or face covering in a manner consistent with the guidance issued by the CDC, and any subsequent guidance issued by the CDC. She requested residents 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 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. Henderson City Council Regular Meeting Page 2 of 45 Tuesday, November 2, 2021 – Draft Minutes III. ROLL CALL Present and responding to roll call were the following: Debra March, Mayor John F. Marz, Councilman Michelle Romero, Councilwoman Dan K. Shaw, Councilman Dan H. Stewart, 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 Janet Sandifer, Deputy City Clerk Daniel Croy, Deputy City Clerk Edward Dichter, Acting Director of Community Development and Services IV. INVOCATION AND PLEDGE OF ALLEGIANCE (Minutes/Discussion) The Invocation was given by Reverend Carl Frogg, Jr., State Chaplin for Veterans of Foreign Wars - Department of Nevada, and was followed by the Pledge of Allegiance. V. PUBLIC COMMENT (Minutes/Discussion) There were no public comments presented. Henderson City Council Regular Meeting Page 3 of 45 Tuesday, November 2, 2021 – Draft Minutes VI. ACCEPTANCE OF AGENDA (For Possible Action) (Motion) Councilman Dan K. Shaw moved to accept the agenda, as amended. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Item 20 was withdrawn at the request of the applicant/appellant. Items 30 and 32 were heard together but voted on separately, at the request of staff. Item 31 was updated to state “Annexation of 35.00 Acres – Southwest Henderson,” at the request of staff. Item 41 background and discussion text was updated, at the request of staff. VII. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS 1 PROCLAMATION BE KIND MONTH CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Proclamation declaring the month of November as Be Kind Month to encourage citizens to spread the message of kindness and the value of kind acts. (Minutes/Discussion) Richard Derrick, City Manager/CEO, said the City of Henderson's Be Kind Initiative was launched by the Parks and Recreation Department in 2014 and the Be Kind Committee continues to spread the message of kindness and the value of kind acts Citywide. He said the Mayor and Council wish to proclaim November 2021 as Be Kind Month to celebrate and encourage random acts of kindness in the daily lives of Henderson Residents. Henderson City Council Regular Meeting Page 4 of 45 Tuesday, November 2, 2021 – Draft Minutes 2 PRESENTATION 2021 HEART OF THE CITY AWARD CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Presentation of the 2021 Heart of the City Award to Eric Umali for promoting and living the kindness message in the City of Henderson. (Minutes/Discussion) Erin Straight, Recreation Services Coordinator, presented the 2021 Heart of the City Award to Eric Umali. She said Mr. Umali is the founder, owner, executive director, and head of Altruist MMA, a non-profit martial arts school that strives to help the Henderson community with food drives, donations, home building, blood drives, and volunteering initiatives. Mr. Umali thanked the Mayor, Council, and City staff and expressed his gratitude for being named the 2021 Heart of the City. 3 PRESENTATION 2021 MISSION LIFELINE GOLD PLUS ACHIEVEMENT AWARD HENDERSON FIRE DEPARTMENT CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Presentation of the 2021 Mission Lifeline Gold Plus Achievement Award to the Henderson Fire Department in recognition of demonstrating continued success in using the Mission Lifeline program and applying the most up-to-date evidence-based treatment guidelines to improve patient care and outcomes in our community. (Minutes/Discussion) Kim Moore, Division Chief of EMS, gave a summary of this item and said Henderson Fire Department pre-hospital personnel was recognized by the American Heart Association for their role in improving quality of care and treatment outcomes for patients suffering from cardiac emergencies. Henderson City Council Regular Meeting Page 5 of 45 Tuesday, November 2, 2021 – Draft Minutes VIII. CITY MANAGER'S REPORT (Minutes/Discussion) Richard Derrick, City Manager/CEO, congratulated the City of Henderson Community Development and Services Department for recently receiving two awards from the Nevada Chapter of the American Planning Association. He said the City received the Outstanding Implementation Award for successfully transforming the Water Street Plaza into a premier entertainment destination and the Outstanding Public Outreach and Journalism Award for the City’s COVID-19 Vulnerable Populations Outreach Plan. Mr. Derrick congratulated the City of Henderson Parks and Recreation Department for receiving six excellence awards from the Nevada Recreation and Park Society for innovative programming and Recreation Services Coordinator Jordyn Wright, Recreation Services Coordinator, for being honored as a Young Professional. 4 CITY MANAGER'S REPORT CMTS NUMBER(S): N/A 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. IX. CONSENT AGENDA 5 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS OCTOBER 19, 2021 CMTS NUMBER(S): N/A CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of October 19, 2021. (Motion) Councilwoman Michelle Romero moved to adopt the City Council Committee and Regular Meeting minutes of October 19, 2021. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 6 of 45 Tuesday, November 2, 2021 – Draft Minutes 6 DEVELOPMENT AGREEMENT DEV-2020006770 INSPIRADA TOWN CENTER PARCEL 1 CMTS NUMBER(S):N/A COMMUNITY DEVELOPMENT AND SERVICES CITY ATTORNEY OFFICE KB HOME INSPIRADA, LLC An amended and restated Standard Form Development Agreement for Inspirada Town Center Parcel 1 between the City of Henderson and KB Home Inspirada LLC, to add an additional 2.72-acre parcel into the original approximately 27.45-acre development, combined to a total of 30.17 acres, generally located at the northwest corner of the future Senate Road alignment and Via Centro in the West Henderson Planning Area. (Motion) Councilwoman Michelle Romero moved to approve the amended and restated Standard Form Development Agreement for Inspirada Town Center - Parcel 1 between the City of Henderson and KB Home Inspirada LLC, to add an additional 2.72 acre parcel into the origional approximately 27.45 acres development, combined to a total of 30.17 acres, generally located at the northwest corner of the future Senate Road alignment and Via Centro in the West Henderson Planning Area. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 7 of 45 Tuesday, November 2, 2021 – Draft Minutes 7 DEVELOPMENT AGREEMENT DEV-2021008177 INSPIRADA TOWN CENTER PARCEL 19 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT CITY ATTORNEY'S OFFICE TOLL HENDERSON, LLC A Standard Form Development Agreement for Inspirada Town Center Parcel 19 between the City of Henderson and Toll Henderson, LLC, for the development of approximately 6.18 acres, generally located at Via Inspirada and Avenida Brancusi, in the West Henderson Planning Area. (Motion) Councilwoman Michelle Romero moved to approve the Standard Form Development Agreement for Inspirada Town Center Parcel 19 between the City of Henderson and Toll Henderson, LLC, for the development of approximately 6.18 acres, generally located at Via Inspirada and Avenida Brancusi, in the West Henderson Planning Area. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 8 of 45 Tuesday, November 2, 2021 – Draft Minutes 8 AGREEMENT AMENDMENT #1 ON CALL INFORMATION TECHNOLOGIES SERVICES CONVERGEONE, INC. FUNDING SOURCE: IT INFRASTRUCTURE REPLACEMENT CMTS NUMBER(S): 24549 DEPARTMENT OF INFORMATION TECHNOLOGY Amendment #1 to the On Call Information Technologies Services Agreement between the City of Henderson and ConvergeOne, Inc., to provide network equipment installation and configuration for an additional amount of $100,000.00, for the total agreement amount of $175,000.00, until June 30, 2022, with option to renew the term for two (2) additional one-year periods not to exceed the annual amount of $175,000.00. (Motion) Councilwoman Michelle Romero moved to approve Amendment #1 to the On Call Information Technologies Services Agreement between the City of Henderson and ConvergeOne, Inc., to provide network equipment installation and configuration for an additional amount of $100,000.00, for the total agreement amount of $175,000.00, until June 30, 2022, with option to renew the term for two (2) additional one-year periods not to exceed the annual amount of $175,000.00. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 9 of 45 Tuesday, November 2, 2021 – Draft Minutes 9 AGREEMENT LAKE LAS VEGAS POTABLE CONNECTION JACOBS ENGINEERING GROUP, INC. FUNDING SOURCE: WATER FUNDS CMTS NUMBER(S): 26072 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and Jacobs Engineering Group, Inc., for engineering services to prepare contract documents for the Lake Las Vegas Potable Connection project, in a not-to-exceed amount of $382,592.00, with a term through June 30, 2022. (Motion) Councilwoman Michelle Romero moved to approve the agreement between the City of Henderson and Jacobs Engineering Group, Inc., for engineering services to prepare contract documents for the Lake Las Vegas Potable Connection project, in a not-to-exceed amount of $382,592.00, with a term through June 30, 2022. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 10 of 45 Tuesday, November 2, 2021 – Draft Minutes 10 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE ANTHONY'S PIZZA AND DELI CMTS NUMBER(S): N/A MILO PIZZA CO. LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Milo Pizza Co. LLC, dba Anthony's Pizza and Deli, 1550 West Horizon Ridge Parkway, Suite F, Henderson, Nevada 89012. (Motion) Councilwoman Michelle Romero moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Milo Pizza Co. LLC, dba Anthony's Pizza and Deli, 1550 West Horizon Ridge Parkway, Suite F, Henderson, Nevada 89012. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 11 of 45 Tuesday, November 2, 2021 – Draft Minutes 11 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE; BEER, WINE, SPIRIT-BASED PRODUCTS; AND LIQUEUR TASTING AND GIFT BASKET LIQUOR THE CASK CMTS NUMBER(S): N/A NATIVE VEGAS LLC Application for the Beer, Wine, and Spirit-Based Products Off-Sale; Beer, Wine, Spirit-Based Products; and Liqueur Tasting and Gift Basket Liquor business licenses for Native Vegas LLC, dba The Cask, 19 South Stephanie Street, Suite 180, Henderson, Nevada 89012. (Motion) Councilwoman Michelle Romero moved to approve the application for the Beer, Wine, and Spirit-Based Products Off-Sale; Beer, Wine, Spirit-Based Products; and Liqueur Tasting and Gift Basket Liquor business licenses for Native Vegas LLC, dba The Cask, 19 South Stephanie Street, Suite 180, Henderson, Nevada 89012 pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 12 of 45 Tuesday, November 2, 2021 – Draft Minutes 12 BUSINESS LICENSE CATERING LIQUOR MIXXIEMIXOLOGIST CMTS NUMBER(S): N/A MIXXIEMIXOLOGIST LLC Application for the change of location to the Catering Liquor business license for Mixxiemixologist LLC, dba Mixxiemixologist, from 915 Alper Center Drive, Suite 18108, Henderson, Nevada 89052, to 2831 St. Rose Parkway, Suite 200, Henderson, Nevada 89052. (Motion) Councilwoman Michelle Romero moved to approve the application for the change of location to the Catering Liquor business license for Mixxiemixologist LLC, dba Mixxiemixologist, from 915 Alper Center Drive, Suite 18108, Henderson, Nevada 89052, to 2831 St. Rose Parkway, Suite 200, Henderson, Nevada 89052. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 13 of 45 Tuesday, November 2, 2021 – Draft Minutes 13 VACATION VAC-2021007579 FOUNDERS VILLAGE AT BLACK MOUNTAIN RANCH CMTS NUMBER(S): N/A APPLICANT: BLACK MOUNTAIN GOLF & COUNTRY CLUB A petition to vacate portions of public right-of-way including a portion of East Fairway Road generally located north of Greenway Road and east of Blackridge Road, and a portion of public right-of-way generally located north of Greenway Road and east of Fairway Road, in the Black Mountain Planning Area. (Motion) Councilwoman Michelle Romero moved to approve VAC-2021007579, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) For the full list of conditions of approval for this item, please refer to the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 14 of 45 Tuesday, November 2, 2021 – Draft Minutes 14 VACATION VAC-2021008213 ST. ROSE AND BRUNER MF CMTS NUMBER(S): N/A APPLICANT: THE WOLFF COMPANY Petition to vacate a portion of patent easements generally located southeast of East Bruner Avenue and St. Rose Parkway in the West Henderson Planning Area. (Motion) Councilwoman Michelle Romero moved to approve VAC-2021008213, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) For the full list of conditions of approval for this item, please refer to the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 15 of 45 Tuesday, November 2, 2021 – Draft Minutes 15 VACATION VAC-2021008252 INSPIRADA TOWN CENTER PARCEL 2A CMTS NUMBER(S): N/A APPLICANT: GREYSTONE NEVADA, LLC Petition to vacate two private access easements generally located near the southeast corner of Via Centro and Via Nobila in the West Henderson Planning Area. (Motion) Councilwoman Michelle Romero moved to approve VAC-2021008252, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) For the full list of conditions of approval for this item, please refer to the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 16 of 45 Tuesday, November 2, 2021 – Draft Minutes 16 VACATION VAC-2021008339 BLACK MOUNTAIN RANCH CMTS NUMBER(S): N/A APPLICANT: LENNAR HOMES Petition to vacate a water re-use easement generally located northwest of Mona Lane and Horizon Drive in the Black Mountain Planning Area. (Motion) Councilwoman Michelle Romero moved to approve VAC-2021008339, subject to a finding of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) For the full list of conditions of approval for this item, please refer to the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 17 of 45 Tuesday, November 2, 2021 – Draft Minutes 17 VACATION VAC-2021008411 RAINBOW CANYON PARCEL M-5A CMTS NUMBER(S): N/A APPLICANT: PULTE GROUP Petition to vacate a public drainage easement generally located at the northwest corner of Highland Shores Drive and Lake Las Vegas Parkway in the Lake Las Vegas Planning Area. (Motion) Councilwoman Michelle Romero moved to approve VAC-2021008411, subject to a finding of fact and condition. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) For the full list of conditions of approval for this item, please refer to the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 18 of 45 Tuesday, November 2, 2021 – Draft Minutes 18 VACATION VAC-2021008440 RAINBOW CANYON PARCEL M-1B, PHASE 1 CMTS NUMBER(S): N/A APPLICANT: RAINTREE INVESTMENT CORPORATION, LLC A petition to vacate a non-exclusive utility easement generally located northwest of Highland Shores Drive in the Lake Las Vegas Planning Area. (Motion) Councilwoman Michelle Romero moved to approve VAC-2021008440, subject to a finding of fact and condition. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) For the full list of conditions of approval for this item, please refer to the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 19 of 45 Tuesday, November 2, 2021 – Draft Minutes X. PUBLIC HEARINGS 19 CONTINUED PUBLIC HEARING APPEAL OF DECISION AP-6-21 FOR MASTER SIGN PLAN AMENDMENT MSP-2016500618-A1 GREEN VALLEY RANCH – THE DOLLAR LOAN CENTER CMTS NUMBER(S): N/A APPLICANT: SK ARENA, LLC APPELLANT: JOHN DALRYMPLE Appeal of the Planning Commission's decision to approve a master sign plan amendment with modifications from the Development Code to establish standards for an Event Center and to: a) amend existing modification “a” to increase the square footage of the existing freestanding sign and to increase the freestanding sign area for three (3) new freestanding signs; and to add the following new modifications: c) to increase the number of freestanding signs per street frontage; d) to increase the number of wall signs per building entrance; e) to increase the size of wall signs; f) to increase height and sign area of directional signs; and g) to increase the number of digital video display signs; located at 200 South Green Valley Parkway, in the Green Valley Ranch Planning Area. (This item was Continued from the September 21, 2021, and October 19, 2021, City Council Regular Meetings.) (Motion) Mayor Debra March moved to affirm Planning Commission's decision of approval; therefore, MSP-2016500618-A1 is approved, subject to conditions and modifications, and amendments as follows: AMENDED COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS [7. Applicant shall maintain the vinyl fence signs and replace when vinyl becomes faded or damaged or replace at the request of the City.] 9. The Digital Video Display sign (Sign ED-1) may not exceed a maximum illumination of [6,000] 5,000 nits (candelas per square meter) during daylight hours and maximum of [1,000] 500 nits during nighttime hours (between dusk and dawn), as measured from the sign’s face at maximum brightness. [10 Vinyl fence signage (FN-1) shall be limited to 5,236 square feet and only contain graphics, logos and murals related to team activities or future events at the event center. Off-premise advertising is not permitted.] ADDED Henderson City Council Regular Meeting Page 20 of 45 Tuesday, November 2, 2021 – Draft Minutes  Banner sign above the stage shall not exceed 25 feet high from the plaza floor and shall face internally toward the event center.  All wall sign area square footages are final, however; there is the ability to request changes in the dimensions as long as they comply with approved square footages. Any proposed change must be approved by the Community Development Services Director. AMENDED MODIFICATIONS. a. Increase the square footage of the existing freestanding sign to [388] 380.5 square feet and to increase the freestanding sign area for three (3) new freestanding signs to 57 square feet, and one (1) freestanding sign to 105 square feet. (A1) e. Increase the size of wall signs to a maximum of 516 square feet for one sign and other signs below that size as approved in the exhibits. (A1) Increase height and sign area of directional signs to maximum six feet and 21 square feet for signs SD-1 thru SD-5 and six square feet for signs PD-1 thru PD-7. (A1) (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those voting nay: Councilman Dan H. Stewart. Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Eddie Dichter, Acting Director of Community Development and Services, presented a summary of this item and said both staff and Planning Commission recommend approval. He noted staff memorandums are attached to the record amending Community Development Planning Services Conditions to remove conditions seven and ten, modify condition nine, add two additional conditions related to banner and wall signs, and amend modifications a., e., and f. James McCoy, 89144, representing the applicant, stated the applicant and City staff have met with citizens that have expressed concerns relating to this proposal and read a summary of the compromises that have been made, which includes reducing operating sign brightness, further reducing the operating hours of LED signage, reducing the height and area of monument and wayfinding signage, and decreasing the total proposed wall area dedicated to signage. John Dalrymple, 89012, stated he represents the community as a whole and said the community appreciates the efforts of both the City and the applicant; however the quantity of signage is still excessive in quantity and size and poses a risk of distraction to drivers and students of the nearby schools. He requests the operating hours begin at 9:00 a.m. rather than the currently proposed time Henderson City Council Regular Meeting Page 21 of 45 Tuesday, November 2, 2021 – Draft Minutes of 7:00 a.m. He asked the Council for their assistance in preserving the integrity of the neighborhood by requiring further revisions to the sign plan. Mr. McCoy said the quantity of the monument signage at the site is less than at the neighboring Green Valley Ranch complex, the building blocks the view of the LED signage from neighboring schools, and landscaping blocks the view of the LED and pavilion signage from the neighboring roadways. Carolyn Jones, 89012, stated she was given a tour of the Dollar Loan Center and expressed her concern that the arena is a retail and commercial plaza rather than a community sports facility. She said she is concerned with the safety of three-foot high LED lettering in the plaza and the potential distraction to drivers before and after the school day. David Sanchez, 89012, stated his opposition to the project and said it does not adhere to the building codes established by the City. Mr. McCoy said the three-foot high LED lettering in the plaza is located at the beginning of a series of bleacher-like steps, which decreases the drop-off distance significantly across the slope of the steps. He said the proposed hours of operation are intended to allow advertising for the restaurants on the property that will be open for breakfast, lunch, and dinner. Councilman Shaw said the quantity of the proposed signage is appropriate for the facility. Councilman Marz said the quantity of signage at the property is excessive, but does not warrant further restrictions by the City. Councilman Stewart thanked the Green Valley Ranch residents for voicing their concerns throughout the development process. Mayor March and Councilwoman Romero thanked Mr. McCoy for collaborating with the City and the neighboring community for improving this project. For a full list of conditions of approval for this item, please refer to the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 22 of 45 Tuesday, November 2, 2021 – Draft Minutes 20 CONTINUED PUBLIC HEARING APPEAL OF DECISION AP-8-21 FOR CONDITIONAL USE PERMIT CUP- 2021008241 SKY HIGH SMOKE & VAPE LLC CMTS NUMBER(S): N/A APPELLANT/APPLICANT: SKY HIGH SMOKE & VAPE LLC Appeal of the Planning Commission's decision to deny a conditional use permit for a Smoke/Tobacco Shop Establishment and reduce the distance from a protected use (park) to 818 feet, reduce distance to residential land use to 49 feet, and reduce distance to existing smoke shop to 1,186 feet, located at 72 W. Horizon Ridge Parkway, Suite 145, in McCullough Hills Planning Area. (This item was withdrawn at the request of the applicant/appellant.) Henderson City Council Regular Meeting Page 23 of 45 Tuesday, November 2, 2021 – Draft Minutes 21 PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT A) CPA-2021007976 ZONE CHANGE AMENDMENT B) ZCA-2011500286-A12 TENTATIVE MAP C) TMA-2021008435 RAINBOW CANYON PARCEL W-4 CMTS NUMBER(S): N/A APPLICANT: RAINTREE INVESTMENT CORPORATION, LLC A) Amend the Comprehensive Plan land use category from MDR (Medium- Density Residential) on 61.4 acres and PS (Public/Semipublic) on 2.1 acres to MDR (Medium-Density Residential) on 15.3 acres, LDR (Low-Density Residential) on 41.5 acres, and PS (Public/Semipublic) on 6.7 acres; B) Amend a zone change/master plan (Rainbow Canyon) to rezone from RM- 10-G-MP-H (Medium-Density Residential with Gaming Enterprise, Master Plan and Hillside Overlays) on 61.4 acres and PS-G-MP-H (Public/Semipublic with Gaming Enterprise, Master Plan, and Hillside Overlays) on 2.1 acres to RM-10- MP-H (Medium-Density Residential with Master Plan and Hillside Overlays) on 15.3 acres, RS-6-MP-H (Low-Density Residential with Master Plan and Hillside Overlays) on 41.5 acres, and PS-MP-H (Public/Semipublic with Master Plan and Hillside Overlays) on 6.7 acres, and make minor adjustments to the boundaries; and C) A 95-lot (78 single family, 14 common, 3 remnant) residential subdivision on 56.8 acres; generally located 700 feet east of the intersection of Lake Las Vegas Parkway and Summer House Drive, in the Lake Las Vegas Planning Area. (Motion) Councilman John F. Marz moved to approve CPA-2021007976, ZCA- 2011500286-A12, and TMA-2021008435, subject to findings of fact, conditions, and waivers. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Eddie Dichter, Acting Director of Community Development and Services, presented a summary of this item and said both staff and the Planning Commission recommend approval. Henderson City Council Regular Meeting Page 24 of 45 Tuesday, November 2, 2021 – Draft Minutes John Marchiano, 89015, representing the applicant, said the applicant concurs with the recommendation of both staff and the Planning Commission. XI. UNFINISHED BUSINESS 22 APPOINTMENT HENDERSON MUNICIPAL COURT JUDGE, DEPARTMENT II, VACANCY CMTS NUMBER(S): N/A CITY CLERK'S OFFICE Appoint one candidate to fill the unexpired term of the Municipal Judge for the Department 2 of the Henderson Municipal Court, or select the top qualified candidates, and schedule a meeting of the City Council to interview the selected candidates and thereafter appoint one candidate to fill the unexpired term of the Municipal Judge for the Department 2 of the Henderson Municipal Court. The candidates that filed the required letter of interest and resume by the October 14, 2021, deadline include the following: (1) Alicia Albritton, (2) Jeremy Cooley, (3) John Cory, (4) Adam Gill, (5) Melvin Grimes, (6) Ann Purser, (7) Trent Richards, (8) Lora Schneider, (9) Martina Shindelus. (Continued from the October 19, 2021, City Council Regular meeting.) (Motion) Councilman Dan H. Stewart moved to select Alicia Albritton and Jeremy Cooley as the top qualified candidates and schedule selection interviews at the City Council Regular Meeting on November 16, 2021 and thereafter appoint one candidate to fill the unexpired term of the Municipal Judge for the Department 2 of the Henderson Municipal Court. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Louie Valdez, City Clerk, presented a summary of this item and listed the names of the nine candidates for Municipal Court Judge. Mr. Valdez explained staff suggests Council implement a ranked voting process where each Councilmember will award three points to their top ranked candidate, two points to their second ranked candidate, and one point to their third ranked candidate. He said the top ranked candidates will be advanced to a review or interview process at the City Council Regular Meeting on November 16, 2021. Henderson City Council Regular Meeting Page 25 of 45 Tuesday, November 2, 2021 – Draft Minutes Responding to questions from Mayor March and Councilman Stewart regarding the process and timeline for appointing a Municipal Court Judge, Nicholas Vaskov, City Attorney, said the ranked voting process is intended as a tool to facilitate the selection of a candidate prior to December 5, 2021. Councilmember votes were as follows: Mayor March: Alicia Albritton (3 points), Jeremy Cooley (2 points), Ann Purser (1 point) Councilman Marz: Jeremy Cooley (3 points), John Cory (2 points), Alicia Albritton (1 point) Councilwoman Romero: Jeremy Cooley (3 points), Ann Purser (2 points), Alicia Albritton (1 point) Councilman Shaw: Jeremy Cooley (3 points), Alicia Albritton (2 points), John Cory (1 point) Councilman Stewart: Alicia Albritton (3 points), Jeremy Cooley (2 points), Ann Purser (1 point) Mr. Valdez said, after voting, the ranked candidates were as follows: 1. Jeremy Cooley with 13 points 2. Alicia Albritton with 10 points 3. Ann Purser with 4 points 4. John Cory with 3 points 5. Adam Gill, Melvin Grimes, Trent Richards, Lora Schneider, and Martina Shindelus all with 0 points Mayor March said due to the significant gap in points between the top two candidates and the third candidate, she recommends advancing Jeremy Cooley and Alicia Albritton to interviews at the November 16, 2021, City Council Regular Meeting. Henderson City Council Regular Meeting Page 26 of 45 Tuesday, November 2, 2021 – Draft Minutes XII. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE 23 BILL NO. 3566 AMEND HENDERSON MUNICIPAL CODE 14.09.030 - WASTEWATER DISCHARGE PROHIBITIONS AND LIMITATIONS CMTS NUMBER(S): N/A DEPARTMENT OF UTILITY SERVICES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 14.09.030 - WASTEWATER DISCHARGE PROHIBITIONS AND LIMITATIONS OF TITLE 14 - UTILITY SERVICES OF THE HENDERSON MUNICIPAL CODE. (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3566 as Ordinance No. 3814. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) City Manager/CEO, Richard Derrick introduced and read Ordinance No. 3814. Henderson City Council Regular Meeting Page 27 of 45 Tuesday, November 2, 2021 – Draft Minutes 24 BILL NO. 3567 THE ANN SOMES FAMILY TRUST 2000 – 4.5 ACRES CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT ANN SOMES FAMILY TRUST 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 4.5 ACRES OF REAL PROPERTY GENERALLY LOCATED SOUTHWEST OF WELPMAN WAY AND PLACID STREET IN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., CONSISTING OF APN NO. 191-09-801-001 AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE ANN SOMES FAMILY TRUST 2000, UNDER TRUST DATED JUNE 2, 2000, WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. (Motion) Councilman John F. Marz moved to Adopt Bill No. 3567 as Ordinance No. 3815. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) City Manager/CEO, Richard Derrick introduced and read Ordinance No. 3815. Henderson City Council Regular Meeting Page 28 of 45 Tuesday, November 2, 2021 – Draft Minutes XIII. NEW BUSINESS 25 APPOINTMENTS (MAYOR DEBRA MARCH) REDEVELOPMENT AGENCY ADVISORY COMMISSION CMTS NUMBER(S): N/A CITY CLERK'S OFFICE Mayor Debra March nominates Maria Bailey and Emily Lewis for appointment by the City Council to the Redevelopment Agency Advisory Commission, with terms to expire January 31, 2023. (Motion) Mayor Debra March moved to appoint Maria Bailey and Emily Lewis to the Redevelopment Agency Advisory Commission, with terms to expire January 31, 2023. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 29 of 45 Tuesday, November 2, 2021 – Draft Minutes 26 REPORT QUARTERLY CODE ENFORCEMENT SPECIAL ASSESSMENT REPORT CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT Special assessment report of the Code Enforcement division's abatement actions for the first quarter of fiscal year 2022. (Minutes/Discussion) Ian Massy, Senior Code Enforcement Officer, presented a summary of this item and said under State law, any abatement performed by the City as part of Code Enforcement are required to be heard before Council and gave a presentation highlighting Code Enforcement efforts at the following locations: 3 Magnesium Street, Henderson, NV 89015 2802 Camelback Lane, Henderson, NV 89074 1040 Aspen Cliff Drive, Henderson, NV 89011 112 Beech Street, Henderson, NV 89015 1231 Diamond Valley Street, Henderson, NV 89052 155 Magnesium Street, Henderson, NV 89015 67 E. Pacific Road, Henderson, NV 89015 90 Magnesium Street, Henderson, NV 89015 275 Adorno Drive, Henderson, NV 89015 984 Makenzie Creek Avenue, Henderson, NV 89002 94 Magnesium Street, Henderson, NV 89015 2 New Mexico Way, Henderson, NV 89015 254 Fullerton Avenue, Henderson, NV 89015 797 Grape Vine Avenue, Henderson, NV 89002 APN 17917313001, Henderson, NV 89015 Mayor March thanked Code Enfrocement staff for their efforts on addressing housing issues such as those highlighted in the presentation and said the City should take a proactive role in assisting persons experiencing homelessness to avoid squatting situations. Henderson City Council Regular Meeting Page 30 of 45 Tuesday, November 2, 2021 – Draft Minutes 27 RATE CHANGE POTABLE WATER FOURTH RATE BLOCK CMTS NUMBER(S): N/A DEPARTMENT OF UTILITY SERVICES Consider and approve the proposed year over year increase of $0.65 per 1,000 gallons for potable water consumption in the fourth rate-block for the years 2022 through 2025; determine the rate increase is not prohibited by law, the rate increase is necessary for the continuation or expansion of the water enterprise fund, and the fees that are deposited in that enterprise fund are used solely for the purposes for which the fees are collected. (Motion) Councilman Dan H. Stewart moved to approve the proposed year over year utility increase of $0.65 per 1,000 gallons for potable water consumption in the fourth rate-block for the years 2022 through 2025; determine the rate increase is not prohibited by law, the rate increase is necessary for the continuation or expansion of the water enterprise fund, and the fees that are deposited in that enterprise fund are used solely for the purposes for which the fees are collected. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Priscilla Howell, Director of Utility Services, presented a summary of this item and said water conservation has stalled and water use in 2021 is on track to exceed the City’s three-year average. Responding to a question from Councilman Shaw regarding billing for tier four water usage, Ms. Howell said the new billing rate would be applied to all water use above the lower three tiers. Henderson City Council Regular Meeting Page 31 of 45 Tuesday, November 2, 2021 – Draft Minutes 28 ZONE CHANGE A) ZCA-2021008238 TENTATIVE MAP B) TMA-2021008239 PANCHO VIA VILLAS CMTS NUMBER(S): N/A APPLICANT: BLACKWATERS, LLC A) Rezone from RS-2 (Low-Density Residential) to RS-2-H (Low-Density Residential with Hillside Overlay); and B) A 12-lot (10 single-family, 2 common) residential subdivision on 5.5 acres generally located at the southwest corner of Pancho Via Drive and Vincenzo Lane, in the McCullough Hills Planning Area. (Motion) Councilwoman Michelle Romero moved to approve ZCA-2021008238 and TMA- 2021008239, subject to findings of fact and conditions. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Eddie Dichter, Acting Director of Community Development and Services, presented a summary of this item and said both staff and the Planning Commission recommend approval. Randy Black, 89135, concurred with staff and Planning Commission’s recommendation for approval. Henderson City Council Regular Meeting Page 32 of 45 Tuesday, November 2, 2021 – Draft Minutes 29 RESOLUTION CPA-2021007976 RAINBOW CANYON PARCEL W-4 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT RAINTREE INVESTMENTS CORPORATION, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 63.5 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED 700 FEET EAST OF THE INTERSECTION OF LAKE LAS VEGAS PARKWAY AND SUMMER HOUSE DRIVE, IN THE LAKE LAS VEGAS PLANNING AREA, FROM MDR (MEDIUM-DENSITY RESIDENTIAL) ON 61.4 ACRES AND PS (PUBLIC/SEMIPUBLIC) ON 2.1 ACRES TO MDR (MEDIUM-DENSITY RESIDENTIAL) ON 15.3 ACRES, LDR (LOW-DENSITY RESIDENTIAL) ON 41.5 ACRES, AND PS (PUBLIC/SEMIPUBLIC) ON 6.7 ACRES. (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4452. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Eddie Dichter, Acting Director of Community Development and Services, presented a summary of this item and said staff recommends adopting the resolution. Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4452 by title. Henderson City Council Regular Meeting Page 33 of 45 Tuesday, November 2, 2021 – Draft Minutes 30 ANNEXATION PETITION ANNEXATION OF 151.17 ACRES – SOUTHEAST HENDERSON CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT ELDORADO ROCK & SAND, LLC Petitions requesting the annexation of approximately 151.17 acres, more or less, of real property generally located west of I-11 and Railroad Pass Casino Road, in Section 11, Township 23 South, Range 63 East, M.D.M., commonly known as Assessor’s Parcel Nos. 189-11-101-002 and 189-11-201-003. (Motion) Councilwoman Michelle Romero moved to accept the petitions requesting the annexation of approximately 151.17 acres, more or less, of real property generally located west of I-11 and Railroad Pass Casino Road, in Section 11, Township 23 South, Range 63 East, M.D.M., commonly known as Assessor’s Parcel Nos. 189-11-101-002 and 189-11-201-003. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Note: This item was heard with item 32 but voted on separately at the request of staff. Ed McGuire, Director of Public Works, presented a summary of this item and said a supplemental Petition from the current owner of the parcel, RRP V LLC, was added to the backup materials and explained the original Petition listed Eldorado Rock & Sand, LLC and Joe Desimone as the applicant and purchaser of the parcel but the parcel has since sold to RRP V LLC, of which Joe Desimone is the Managing Member. Mr. McGuire explained Agenda Item 30 is for 151.17 acres and Agenda Item 32 is for 7,938.56 acres necessary for City limits to maintain continuity with the 151.17 acres. Responding to a question from Councilman Stewart regarding the intent for the new land proposed to be annexed by the City, Mr. McGuire said the new land is not currently eligible for development and serves only to run utility lines to infrastructure in place on the 151.17 acres. Henderson City Council Regular Meeting Page 34 of 45 Tuesday, November 2, 2021 – Draft Minutes 31 ANNEXATION PETITION ANNEXATION OF 35.00 ACRES - SOUTHEAST HENDERSON DALEY FAMILY TRUST, ET AL. CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT DALEY FAMILY TRUST, ET AL. (C/O RAY PAGLIA) Petition for annexation of approximately 35.00 acres, more or less, of real property generally located southwest of Via Nobila and Casa Del Sol Drive in Section 17, Township 23 South, Range 61 East, M.D.M., commonly known as APN’s 191-17-801-001, 191-17-801-002, 191-17-801-003, 191-17-801-004, 191-17-801-005, 191-17-801-006, 191-17-801-009, 191-17-402-006 (including adjacent roadways – 191-17-899-001). (Motion) Councilman Dan K. Shaw moved to accept the petition for annexation of approximately 35.00 acres, more or less, of real property generally located southwest of Via Nobila and Casa Del Sol Drive in Section 17, Township 23 South, Range 61 East, M.D.M., commonly known as APN’s 191-17-801-001, 191-17-801-002, 191-17-801-003, 191-17-801-004, 191-17-801-005, 191-17- 801-006, 191-17-801-009, 191-17-402-006 (including adjacent roadways – 191- 17-899-001). (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those voting nay: (None). Those absent: (None). Those abstaining: Councilman John F. Marz, Councilman Dan H. Stewart. Result: Pass. (Minutes/Discussion) Note: The Short Title should be written as “Annexation of 35.00 Acres – Southwest Henderson” at the request of staff. Ed McGuire, Director of Public Works, presented a summary of this item and stated the land to be annexed is in Southwest Henderson rather than Southeast Henderson as stated on the Agenda. Councilman Marz read the following abstention statement: “This item is a petition by owners of certain real property to annex into the City. I hold an ownership interest in that property and my interest as an owner in that property is a conflict that could be perceived by a reasonable person to affect the independence of my judgment on that matter. Accordingly, I will abstain from deliberation and voting on this matter.” Henderson City Council Regular Meeting Page 35 of 45 Tuesday, November 2, 2021 – Draft Minutes Councilman Stewart read the following abstention statement: “This item is a petition by owners of certain real property to annex into the City. My nephew, John Stewart, is the applicant on this item and serves as the agent for the owners submitting this petition. My relationship with my nephew is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on this matter. Accordingly, I will abstain from deliberation and voting on this matter.” 32 RESOLUTION ANNEXATION OF 7,938.56 ACRES – SOUTHEAST HENDERSON CMTS NUMBER(S):N/A PUBLIC WORKS DEPARTMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA TO CONSIDER ANNEXATION OF APPROXIMATELY 7,938.56 ACRES ADJACENT TO THE SOUTHEAST BOUNDARY OF THE CITY, LOCATED IN PORTIONS OF SECTIONS 2 THROUGH 11, 15 THROUGH 18, 20 THROUGH 22, TOWNSHIP 23 SOUTH, RANGE 63 EAST, M.D.M., AND A PORTION OF SECTION 13, TOWNSHIP 23 SOUTH, RANGE 62 EAST, M.D.M. (Motion) Councilman Dan H. Stewart moved to adopt Resolution No. 4453. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Note: This item was heard with item 30 but voted on separately at the request of staff. Ed McGuire, Director of Public Works, said a supplemental Petition from the current owner of the parcel, RRP V LLC, was added to the backup for the item and explained the original Petition listed Eldorado Rock and Sand and Joe Desimone as the applicant and purchaser of the parcel but the parcel has since sold to RRP V LLC, of which Joe Desimone is the Managing Member. Mr. McGuire explained Agenda Item 30 is for 151.17 acres and Agenda Item 32 is for 7,938.56 acres necessary for City limits to maintain continuity with the 151.17 acres. Henderson City Council Regular Meeting Page 36 of 45 Tuesday, November 2, 2021 – Draft Minutes Responding to a question from Councilman Stewart regarding the intent for the new land proposed to be annexed by the City, Mr. McGuire said the new land is not currently eligible for development and serves only to run utility lines to infrastructure in place on the 151.17 acres. Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4453 by title. 33 RESOLUTION ACCEPTING A PETITION FOR FORMATION OF A LOCAL IMPROVEMENT DISTRICT AND APPROVING THE FORMS OF THE DISTRICT FINANCING AGREEMENT AND SIDE AGREEMENT FOR LOCAL IMPROVEMENT DISTRICT NO. T-21 (BLACK MOUNTAIN RANCH) CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT FINANCE DEPARTMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, LOCAL IMPROVEMENT DISTRICT NO. T-21 (BLACK MOUNTAIN RANCH), ACCEPTING A PETITION FOR THE FORMATION OF THE DISTRICT AND APPROVING THE FORMS OF A DISTRICT FINANCING AGREEMENT AND A SIDE AGREEMENT WITH PROPERTY OWNERS. (Motion) Councilwoman Michelle Romero moved to adopt Resolution No. 4454. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4454 by title. Henderson City Council Regular Meeting Page 37 of 45 Tuesday, November 2, 2021 – Draft Minutes XIV. BILLS TO BE READ IN TITLE 34 ACCOMPANYING BILL NO. 3568 FOR ITEM NO. 31 DALEY FAMILY TRUST, ET AL - 35.00 ACRES CMTS NUMBER(S): PUBLIC WORKS DEPARTMENT DALEY FAMILY TRUST, ET AL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 35.00 ACRES, MORE OR LESS, OF REAL PROPERTY GENERALLY LOCATED SOUTHWEST OF VIA NOBILA AND CASA DEL SOL DRIVE IN SECTION 17, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., CONSISTING OF APN 191-17-801-001, 191-17-801-002, 191- 17-801-003, 191-17-801-004, 191-17-801-005, 191-17-801-006, 191-17-801- 009, 191-17-402-006 (INCLUDING ADJACENT ROADWAYS – 191-17-899- 001), AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE PROPERTY OWNERS WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. (Motion) Councilman Dan K. Shaw moved to refer to Committee Meeting of November 16, 2021. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those voting nay: (None). Those absent: (None). Those abstaining: Councilman John F. Marz, Councilman Dan H. Stewart. Result: Pass. (Minutes/Discussion) Nicholas Vaskov, City Attorney, stated the abstention statements for Councilman Marz and Councilman Stewart that were read on the record for item 31 also apply to this accompanying item. Henderson City Council Regular Meeting Page 38 of 45 Tuesday, November 2, 2021 – Draft Minutes 35 BILL NO. 3569 CREATING LID NO. T-21 CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT FINANCE DEPARTMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, CREATING THE CITY OF HENDERSON, NEVADA, LOCAL IMPROVEMENT DISTRICT NO. T-21 (BLACK MOUNTAIN RANCH); ORDERING A PARK PROJECT, A SANITARY SEWER PROJECT, A STORM SEWER PROJECT, A STREET PROJECT, AND A WATER PROJECT, WITHIN THE CITY OF HENDERSON, NEVADA. (Motion) Councilman Dan H. Stewart moved to Refer Bill No. 3569 to the Committee Meeting of November 16, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced this bill by title. Henderson City Council Regular Meeting Page 39 of 45 Tuesday, November 2, 2021 – Draft Minutes 36 BILL NO. 3570 ASSESSING THE COST OF LOCAL IMPROVEMENTS IN LID NO. T-21 AGAINST ASSESSABLE PROPERTIES BENEFITED CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT FINANCE DEPARTMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, CONCERNING THE CITY OF HENDERSON, NEVADA, LOCAL IMPROVEMENT DISTRICT NO. T-21 (BLACK MOUNTAIN RANCH) AND ASSESSING THE COST OF LOCAL IMPROVEMENTS AGAINST THE ASSESSABLE PROPERTY BENEFITED BY THE LOCAL IMPROVEMENTS. (Motion) Councilman Dan H. Stewart moved to Refer Bill No. 3570 to the Committee Meeting of November 16, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced this bill by title. Henderson City Council Regular Meeting Page 40 of 45 Tuesday, November 2, 2021 – Draft Minutes 37 BILL NO. 3571 AUTHORIZING THE ISSUANCE AND SALE OF BONDS FOR LID NO. T-21 CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT FINANCE DEPARTMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AUTHORIZING THE ISSUANCE AND SALE BY THE CITY OF ITS LOCAL IMPROVEMENT DISTRICT NO. T-21 (BLACK MOUNTAIN RANCH) LOCAL IMPROVEMENT BONDS, SERIES 2021; APPROVING THE FORM OF CERTAIN DOCUMENTS WITH RESPECT TO SUCH BONDS; AND RATIFYING ACTION TAKEN BY CITY OFFICERS TOWARD THE ISSUANCE OF SUCH BONDS. (Motion) Councilman Dan H. Stewart moved to Refer Bill No. 3571 to the Committee Meeting of November 16, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced this bill by title. Henderson City Council Regular Meeting Page 41 of 45 Tuesday, November 2, 2021 – Draft Minutes 38 ACCOMPANYING BILL NO. 3572 FOR ITEM NO. 6 DEVELOPMENT AGREEMENT DEV-2020006770 INSPIRADA TOWN CENTER PARCEL 1 CMTS NUMBER(S):N/A COMMUNITY DEVELOPMENT AND SERVICES CITY ATTORNEY OFFICE KB HOME INSPIRADA, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND KB HOME FOR A RESIDENTIAL DEVELOPMENT, GENERALLY LOCATED AT THE NORTHEAST OF THE FUTURE SENATE ROAD ALIGNMENT AND VIA CENTRO IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3572 to the Committee Meeting of November 16, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced this bill by title. Henderson City Council Regular Meeting Page 42 of 45 Tuesday, November 2, 2021 – Draft Minutes 39 ACCOMPANYING BILL NO. 3573 FOR ITEM NO. 7 DEVELOPMENT AGREEMENT DEV-2021008177 INSPIRADA TOWN CENTER PARCEL 19 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT CITY ATTORNEY'S OFFICE TOLL BROTHERS 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 TOLL HENDERSON, LLC FOR THE DEVELOPMENT OF APPROXIMATELY 6.18 ACRES, GENERALLY LOCATED AT VIA INSPIRADA AND AVENIDA BRANCUSI, IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3573 to the Committee Meeting of November 16, 2021, for review. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced this bill by title. Henderson City Council Regular Meeting Page 43 of 45 Tuesday, November 2, 2021 – Draft Minutes 40 ACCOMPANYING BILL NO. 3574 FOR ITEM NO. 28 ZCA-2021008238 PANCHO VIA VILLAS CMTS NUMBER(S): COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT BLACKWATER, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 22, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PANCHO VIA DRIVE AND VINCENZO LANE, IN THE MCCULLOUGH HILLS PLANNING AREA, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-2-H (LOW- DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY). (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3574 to the Committee meeting of November 16, 2021, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced this bill by title. Henderson City Council Regular Meeting Page 44 of 45 Tuesday, November 2, 2021 – Draft Minutes 41 ACCOMPANYING BILL NO. 3575 FOR ITEM NO. 29 ZCA-2011500286-A12 RAINBOW CANYON PARCEL W-4 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT RAINTREE INVESTMENT CORPORATION, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED 700 FEET EAST OF THE INTERSECTION OF LAKE LAS VEGAS PARKWAY AND SUMMER HOUSE DRIVE, IN THE LAKE LAS VEGAS PLANNING AREA FROM RM-10-G-MP-H (MEDIUM-DENSITY RESIDENTIAL WITH GAMING ENTERPRISE, MASTER PLAN AND HILLSIDE OVERLAYS) ON 61.4 ACRES AND PS-G-MP-H (PUBLIC/SEMIPUBLIC WITH GAMING ENTERPRISE, MASTER PLAN, AND HILLSIDE OVERLAYS) ON 2.1 ACRES TO RM-10-MP-H (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) ON 15.3 ACRES, RS-6-MP-H (LOW- DENSITY RESIDENTIAL WITH MASTER PLAN AND HILLSIDE OVERLAYS) ON 41.5 ACRES, AND PS-MP-H (PUBLIC/SEMIPUBLIC WITH MASTER PLAN AND HILLSIDE OVERLAYS) ON 6.7 ACRES, AND MAKE MINOR ADJUSTMENTS TO THE BOUNDARIES. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3575 to the Committee meeting on November 16, 2021, for review and recommendation (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced this bill by title. XV. MAYOR\COUNCILMEMBER COMMENTS (Minutes/Discussion) There were no Mayor/Councilmember comments presented. Henderson City Council Regular Meeting Page 45 of 45 Tuesday, November 2, 2021 – Draft Minutes XVI. SET MEETING (Minutes/Discussion) The Committee Meeting for November 16, 2021, was set for 3:45 p.m., followed by the City Council Regular Meeting at 4:00 p.m. XVII. PUBLIC COMMENT (Minutes/Discussion) There were no public comments presented. XVIII. ADJOURNMENT (Minutes/Discussion) There being no further business to come before the Council, Mayor March adjourned the Regular Meeting at 5:52 p.m. PASSED AND ADOPTED THIS 16TH DAY OF NOVEMBER 2021 ______________________ Debra March Mayor ATTEST: _____________________ Jose Luis Valdez, CMC City Clerk