City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, July 19, 2022 I. CALL TO ORDER (Minutes/Discussion) Mayor Debra March called the Regular Meeting to order at 4:01 p.m., in the City Council Chambers, City Hall, 240 South Water Street, Henderson, Nevada 89015. Mayor March said to make it easier for residents to voice their comments, there will be two public comment periods, 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 stated the meeting is being video recorded and streamed live to the Internet and on YouTube. II. CONFIRMATION OF POSTING (Minutes/Discussion) Jose Luis Valdez, City Clerk, confirmed the Regular Meeting had been noticed in compliance with the Nevada Open Meeting Law and stated Councilman Shaw will be present for Item 18, via teleconference. Mr. Valdez also stated Johnni Jones, Clark County Kid Mayor, was present at the dais with the Mayor and Council. III. ROLL CALL Present and responding to roll call were the following: Debra March, Mayor John F. Marz, Councilman Dan K. Shaw, Councilman (via Teleconference for Item 18 only) Dan H. Stewart, Councilman Absent: Michelle Romero, Councilwoman Staff Present: Bristol Ellington, Deputy City Manager/COO Nicholas Vaskov, City Attorney Jose Luis Valdez, City Clerk Ed McGuire, Director of Public Works Lisa Corrado, Community Development and Services Director Michael Cathcart, Business Operations Manager Janet Sandifer, Deputy City Clerk Henderson City Council Regular Meeting Page 2 of 24 Tuesday, July 19, 2022 – Minutes IV. INVOCATION AND PLEDGE OF ALLEGIANCE (Minutes/Discussion) The invocation was given by Amy Johnson, City of Henderson Employee, and was followed by the Pledge of Allegiance, which was led by Johnni Jones, Clark County Kid Mayor. 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 the agenda as amended: Item 18 was heard immediately following the City Manager's Report to allow Councilman Shaw the opportunity to participate in the deliberation and voting, via teleconference. Items 19 and 20 were continued to the City Council Regular Meeting of August 23, 2022, at the request of the applicant. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. VII. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS 1 PRESENTATION THE HARBOR @ HENDERSON CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS Presentation by The HARBOR @ Henderson on the services offered to youth and families in the community and recognition of the one-year anniversary celebration of their East Lake Mead Parkway location in Henderson. Henderson City Council Regular Meeting Page 3 of 24 Tuesday, July 19, 2022 – Minutes (Minutes/Discussion) Bristol Ellington, Deputy City Manager, COO, stated The Harbor Juvenile Assessment Center was launched in 2016 to divert youth from the juvenile justice system by providing a one-stop location where they, and their families, can receive counseling, tutoring, and other types of support from community providers. Mr. Ellington said The Harbor @ Henderson opened in July 2021 as the fifth location and is celebrating their one-year anniversary serving the Henderson community. Mr. Ellington stated Jack Martin, Director of The Harbor, and Cheryl Wright, Assistant Director of Clark County Juvenile Justice Services, were present to speak about the essential services The Harbor provides. Following Ms. Wright’s PowerPoint presentation, he invited their group to join the Mayor and Council in the gallery for a photo opportunity and to receive a certificate of congratulations on The Harbor @ Henderson’s one year anniversary. VIII. CITY MANAGER'S REPORT 2 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. (Minutes/Discussion) Bristol Ellington, Deputy City Manager, COO, asked Brittany Toth, Engagement and Programs Admin with the Community Development and Services Department to stand while congratulating her for being appointed by Governor Steve Sisolak to serve as a member of the Nevada Early Intervention Interagency Coordinating Council. Mr. Ellington thanked Ms. Toth for supporting the ongoing development and implementation of quality, statewide early intervention services for young children with disabilities and their families. Mr. Ellington stated the newest graduates of the Veteran's Treatment Court were celebrated last week, which is a specialty court program initiated in 2011 by Judge Mark Stevens. Henderson City Council Regular Meeting Page 4 of 24 Tuesday, July 19, 2022 – Minutes He said each graduate completed a rigorous one-year alternative sentencing program that is designed to promote self-sufficiency through employment and education. He said Veteran’s Treatment Court aims to help veterans remain in the community as productive and responsible members of society. Mr. Ellington congratulated graduates Jacob Knatz, Matthew Galardy, and Curtis Tilghman and wished them continued success. IX. CONSENT AGENDA 3 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS JULY 12, 2022 CMTS NUMBER(S): N/A CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of July 12, 2022. (Motion) Councilman John F. Marz moved to approve the City Council Committee and Regular Meeting minutes of July 12, 2022. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 4 CASH REQUIREMENTS REGISTER MAY 27, 2022, THROUGH JUNE 23, 2022 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Cash Requirements Register for the period of May 27, 2022, through June 23, 2022, in the amount of $54,162,159.72. (Motion) Councilman John F. Marz moved to approve the Cash Requirements Register for the period of May 27, 2022, through June 23, 2022, in the amount of $54,162,159.72. Henderson City Council Regular Meeting Page 5 of 24 Tuesday, July 19, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 5 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICTS (LID) T-16, T-17, T-18, AND T-20 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-16, T-17, T-18 and T-20, set the date of the sale for October 25, 2022, and accelerate the entire assessment pay-off amount to become due and payable. (Motion) Councilman John F. Marz moved to approve the Notice of Sale of Properties for Delinquent Assessments in Local Improvement Districts (LID) T-16, T-17, T-18 and T-20, set the date of the sale for October 25, 2022, and accelerate the entire assessment pay-off amount to become due and payable. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 6 GRANT AWARD AGREEMENT – FY23 WATER STREET DISTRICT CITY OF HENDERSON REDEVELOPMENT AGENCY FUNDING SOURCE: DOWNTOWN EVENTS MARKETING CMTS NUMBER(S): N/A PARKS AND RECREATION DEPARTMENT Grant Award Agreement - FY23 for the Water Street District from the City of Henderson Redevelopment Agency to the City of Henderson Parks and Recreation Department to help with the costs of programming and marketing events held at the Water Street Plaza and/or other Downtown Redevelopment Project Area locations, in the amount of $231,000.00. Henderson City Council Regular Meeting Page 6 of 24 Tuesday, July 19, 2022 – Minutes (Motion) Councilman John F. Marz moved to approve the Grant Award Agreement - FY23 for the Water Street District from the City of Henderson Redevelopment Agency to the City of Henderson Parks and Recreation Department to help with the costs of programming and marketing events held at the Water Street Plaza and/or other Downtown Redevelopment Project Area locations, in the amount of $231,000.00. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 7 INTERLOCAL COOPERATIVE AGREEMENT REIMBURSABLE FOOD PRODUCTS AT YOUTH ENRICHMENT SAFEKEY PROGRAM SITES CLARK COUNTY SCHOOL DISTRICT (CCSD) FOOD SERVICE DEPARTMENT FUNDING SOURCE: U.S. DEPARTMENT OF AGRICULTURE FUNDED CMTS NUMBER(S): 26558 PARKS AND RECREATION DEPARTMENT Interlocal Cooperative Agreement between the City of Henderson and the Clark County School District (CCSD) to provide U.S. Department of Agriculture (USDA) reimbursable snacks/and or milk to the City’s Youth Enrichment Safekey program sites at no charge to participants or the City, for the period of July 1, 2022, through June 30, 2023. (Motion) Councilman John F. Marz moved to approve the Interlocal Cooperative Agreement between the City of Henderson and the Clark County School District (CCSD) to provide U.S. Department of Agriculture (USDA) reimbursable snacks/and or milk to the City’s Youth Enrichment Safekey program sites at no charge to participants or the City, for the period of July 1, 2022, through June 30, 2023. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 7 of 24 Tuesday, July 19, 2022 – Minutes 8 RECYCLING CAN PURCHASE LIVABLE COMMUNITIES STRATEGIC INITIATIVE OUTDOOR CREATIONS INC. FUNDING SOURCE: SPECIAL RECREATION AND RESIDENTIAL CONSTRUCTION TAX CMTS NUMBER(S): N/A PARKS AND RECREATION DEPARTMENT Issuance of a purchase order to Outdoor Creations Inc. for the purchase of 101 Recycling Cans in an estimated amount of $117,665.00 for FY23 to support and encourage conservation and recycling as part of the Livable Communities Strategic Initiative: LC 6.4E "Implement a program to institute recycling throughout all parks in the city." (Motion) Councilman John F. Marz moved to approve the issuance of a purchase order to Outdoor Creations Inc. for the purchase of 101 Recycling Cans in an estimated amount of $117,665.00 for FY23 to support and encourage conservation and recycling as part of the Livable Communities Strategic Initiative: LC 6.4E "Implement a program to institute recycling throughout all parks in the city." (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 9 GRANT AWARD 2022 VIOLENCE AGAINST WOMEN ACT NEVADA OFFICE OF THE ATTORNY GENERAL FUNDING SOURCE: GRANT FUNDED CMTS NUMBER(S): N/A POLICE DEPARTMENT Ratification of the acceptance of the Grant Award from the Nevada Office of the Attorney General, 2022 Violence Against Women Act, STOP/SASP Grant to the City of Henderson Police Department in the amount of $64,256.00, requiring matching funds from the City of Henderson in the amount of $25,360.00, for the City of Henderson Police Department to continue its domestic violence advocacy program. Henderson City Council Regular Meeting Page 8 of 24 Tuesday, July 19, 2022 – Minutes (Motion) Councilman John F. Marz moved to ratify the acceptance of the Grant Award from the Nevada Office of the Attorney General, 2022 Violence Against Women Act, STOP/SASP Grant to the City of Henderson Police Department in the amount of $64,256.00, requiring matching funds from the City of Henderson in the amount of $25,360.00, for the City of Henderson Police Department to continue its domestic violence advocacy program. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 10 PURCHASE OF LABORATORY INFORMATION MANAGEMENT SYSTEM COMPUTER SOLUTIONS COMPANY OF VIRGINIA, LLC (FORENSIC ADVANTAGE) FUNDING SOURCE: GRANT, FORFEITURE AND GENERAL FUNDS CMTS NUMBER(S): NA POLICE DEPARTMENT Purchase of Laboratory Information Management System from the Computer Solutions Company of Virginia, LLC (Forensic Advantage), in the initial amount of $330,700.00, with four one-year annual subscriptions in the total amount of $248,457.00, for a grand total of $579,157.00, and authorize the City Manager/CEO, or his designee, to execute the agreement for the City upon approval as to form by the City Attorney, or his designee. (Motion) Councilman John F. Marz moved to approve the purchase of the Laboratory Information Management System from the Computer Solutions Company of Virginia, LLC (Forensic Advantage), in the initial amount of $330,700.00, with four one-year annual subscriptions in the total amount of $248,457.00, for a grand total of $579,157.00, and authorize the City Manager/CEO, or his designee, to execute the agreement for the City upon approval as to form by the City Attorney, or his designee. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 9 of 24 Tuesday, July 19, 2022 – Minutes 11 ANNEXATION PETITION 1.14 ACRES – WELPMAN WAY AND FAIRFIELD AVENUE CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT CARLOS PELEAZ GOMEZ Petition by Carlos Peleaz Gomez for annexation of approximately 1.14 acres of real property, generally located west of Welpman Way and Fairfield Avenue in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-004 (including adjacent roadways – portion of 191-09-899-002). (Motion) Councilman John F. Marz moved to accept the petition by Carlos Peleaz Gomez for annexation of approximately 1.14 acres of real property, generally located west of Welpman Way and Fairfield Avenue in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-004 (including adjacent roadways – portion of 191-09-899-002). (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 12 ANNEXATION PETITION 1.38 ACRES - WELPMAN WAY AND FAIRFIELD AVENUE CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT JEFFREY J. HOWERBUSH, TRUSTEE OF THE HOWERBUSH REVOCABLE TRUST Petition by Jeffrey J. Howerbush, Trustee of the Howerbush Revocable Trust, dated November 19, 2019, for annexation of approximately 1.38 acres of real property, generally located at the southwest corner of Welpman Way and Fairfield Avenue in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-005 (including adjacent roadways – portion of 191-09-899-002). Henderson City Council Regular Meeting Page 10 of 24 Tuesday, July 19, 2022 – Minutes (Motion) Councilman John F. Marz moved to accept the petition by Jeffrey J. Howerbush, Trustee of the Howerbush Revocable Trust, dated November 19, 2019, for annexation of approximately 1.38 acres of real property, generally located at the southwest corner of Welpman Way and Fairfield Avenue in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-005 (including adjacent roadways – portion of 191-09-899-002). (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 13 ANNEXATION PETITION 1.14 ACRES - WELPMAN WAY AND PLACID STREET CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT CANESTRELLI FAMILY REVOCABLELIVING TRUST Petition by Belmonte Ottavio Canestrelli and Patricia Canestrelli, Trustees of the Canestrelli Family Revocable Living Trust, dated November 29, 2019, for annexation of approximately 1.14 acres of real property, generally located east of Welpman Way and Placid Street in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-003 (including adjacent roadways – portion of 191-09-899-002). (Motion) Councilman John F. Marz moved to accept the petition by Belmonte Ottavio Canestrelli and Patricia Canestrelli, Trustees of the Canestrelli Family Revocable Living Trust, dated November 29, 2019, for annexation of approximately 1.14 acres of real property, generally located east of Welpman Way and Placid Street in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-003 (including adjacent roadways – portion of 191-09-899-002). (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 11 of 24 Tuesday, July 19, 2022 – Minutes 14 ANNEXATION PETITION 1.38 ACRES - WELPMAN WAY AND PLACID STREET CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT FACCINTO, JR. NEVADA, LLC, SERIES “D” Petition by Faccinto, Jr. Nevada, LLC, Series “D” for annexation of approximately 1.38 acres of real property, generally located at the southeast corner of Welpman Way and Placid Street in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-002 (including adjacent roadways – portion of 191-09-899-002). (Motion) Councilman John F. Marz moved to accept the petition by Faccinto, Jr. Nevada, LLC, Series “D” for annexation of approximately 1.38 acres of real property, generally located at the southeast corner of Welpman Way and Placid Street in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-002 (including adjacent roadways – portion of 191-09-899-002). (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 15 PROJECT BUDGET INCREASE VIA INSPIRADA POLICE STATION THE PENTA BUILDING GROUP FUNDING SOURCE: BOND FUNDS CMTS NUMBER(S): 24577 PUBLIC WORKS DEPARTMENT Approve a project budget increase for the Via Inspirada Police Station from $28,459,651.90 to $31,117,121.90, an increase of $2,657,470.00; and authorize the Director of Public Works, or his designee, to execute change orders within the approved project budget. (Motion) Councilman John F. Marz moved to approve a project budget increase for the Via Inspirada Police Station from $28,459,651.90 to $31,117,121.90, an increase of $2,657,470.00; and authorize the Director of Public Works, or his designee, to execute change orders within the approved project budget. Henderson City Council Regular Meeting Page 12 of 24 Tuesday, July 19, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 16 AGREEMENT AMENDMENT #1 KURT R. SEGLER WATER RECLAMATION FACILITY PHASE 4 IMPROVEMENTS MCCARTHY BUILDING COMPANIES, INC. FUNDING SOURCE: SEWER FUNDS CMTS NUMBER(S): 24772 DEPARTMENT OF UTILITY SERVICES Agreement Amendment #1 between the City of Henderson and McCarthy Building Companies, Inc., to provide Construction Manager at Risk (CMAR) preconstruction services for the Kurt R. Segler Water Reclamation Facility Phase 4 Improvements project, to modify the scope of services and to change the not-to-exceed amount from $2,129,170.00 to $2,518,170.00, an increase of $389,000.00. (Motion) Councilman John F. Marz moved to approve Agreement Amendment #1 between the City of Henderson and McCarthy Building Companies, Inc., to provide Construction Manager at Risk (CMAR) preconstruction services for the Kurt R. Segler Water Reclamation Facility Phase 4 Improvements project, to modify the scope of services and to change the not-to-exceed amount from $2,129,170.00 to $2,518,170.00, an increase of $389,000.00. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 17 BUSINESS LICENSE FULL LIQUOR ON-SALE SPICY TUNA CMTS NUMBER(S): N/A SPICY TUNA HENDERSON LLC Application for the Full Liquor On-Sale business license for Spicy Tuna Henderson LLC, dba Spicy Tuna, 10345 South Eastern Avenue, Suite 190, Henderson, Nevada 89052. Henderson City Council Regular Meeting Page 13 of 24 Tuesday, July 19, 2022 – Minutes (Motion) Councilman John F. Marz moved to approve the application for the Full Liquor On-Sale business license for Spicy Tuna Henderson LLC, dba Spicy Tuna, 10345 South Eastern Avenue, Suite 190, Henderson, Nevada 89052, pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. X. PUBLIC HEARINGS 18 PUBLIC HEARING DEV-2022009814 AMENDED AND RESTATED CADENCE DEVELOPMENT AGREEMENT CMTS NUMBER(S): N/A APPLICANT: THE LANDWELL COMPANY, LP Major Modification to the Cadence Development Agreement (Landwell 2200) to, among other things, 1) remove the Urban Core land use from the Cadence Master Plan and replace it with Neighborhood and Village Center land uses; 2) reduce the overall maximum unit count from 13,250 dwelling units to 12,250 dwelling units; 3) make adjustments to the Cadence Design Standards including: a) amending Exhibit 3.1 to remove Urban Core areas and replace those in Villages L and M with Residential and Village N with Village Center; b) amend Table 3.1 to reflect the reduced maximum dwelling unit and commercial square footages; c) amend Section 3.4 to reflect new Village descriptions; d) amend several product types of Section 5 to allow for unique housing products in Villages K, L, and M; e) amend the Boulder Highway street section to account for residential products adjacent to the road right-of-way; and, 4) amend and restate the Development Agreement to incorporate all prior amendments, Major Modifications, and Minor Modifications for a Planned Community on 2,200 acres generally located northeast of Boulder Highway and Lake Mead Parkway, in the Eastside Redevelopment and Cadence Planning Areas. (Minutes/Discussion) Note: This item was heard immediately following the City Manager's Report to allow Councilman Shaw the opportunity to participate in the deliberation and voting, via teleconference. Councilman Marz provided the following abstention statement: “I’m a partial owner and partner in Touch Squared Marketing. Touch Squared Marketing does work for The Landwell Company, the applicant on this item. This is a conflict of interest, and I will abstain from deliberation and voting on this matter.” Henderson City Council Regular Meeting Page 14 of 24 Tuesday, July 19, 2022 – Minutes Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. Lee Farris, 89011, representing the applicant, provided a summary of the project. Mayor March opened the public hearing and asked if there were any comments from the public related to this item. Patrick Culley, 89011, said he is opposed to this item and asked where the water is coming from to support all the development in this area. Mayor March stated Southern Nevada receives 1.5 percent of the water in Lake Mead and said we are using about the same amount of water that was used 20 years ago because of return flow credits and responsible conservation measures. Mayor March invited Priscilla Howell, Director of Utility Services, to the podium to address Mr. Culley’s water usage concerns. Ms. Powell affirmed the information Mayor March provided previously, and presented information related to the Southern Nevada Water Authority Water Resource Plan. She said the plan projects out 50 years and identifies water resources that will be used, and stated information related to Tier 2 water shortages will be available within the next couple of months. Mayor March said Mr. Culley will be given the above-mentioned information and will know how to obtain it so that he will be an informed resident. Mr. Culley stated he had another concern that was not related to water; however, Mayor March stated Mr. Culley had already exceeded his three minutes for public comment. Councilman Stewart stated having discussions during a public comment session is unusual; however, water issues are a huge priority. He advised Mr. Culley to review the Southern Nevada Water Authority Water Resource Plan because that conservation directly answers his question. The following constituents expressed opposition to the proposed item: Donna Martin, 89011; Lisa Jones, 89011; and Jane Pallen, 89011; for the following reasons: • the lack of retail, a new casino, entertainment venues, and high-end amenities in the area that were promised • the proposed student housing units and the rationale behind building them in the Cadence area • concerns regarding apartment units • uncertainty regarding what is meant by a living unit for multiple family buildings • being sold a plan that is suddenly changing Henderson City Council Regular Meeting Page 15 of 24 Tuesday, July 19, 2022 – Minutes Note: Documents provided by Ms. Martin were added to the backup materials for this item. Shae Tanner, 89011, stated she is opposed to this item due to the reduction in the housing units. She said the current housing crisis and the cost of living is skyrocketing for people that rent or are looking to buy a home across the valley and stated the reduction in the housing units will only further exasperate the problem. There being no one else wishing to speak, the public hearing was closed. Mr. Farris returned to the podium to address the concerns raised by the constituents. Responding to an inquiry from Councilman Stewart regarding the parks and amenities that were promised to the homeowners, Mr. Farris stated all the city parks they committed to build will be built, as well as the private open space. He said Central Park is completed, and now the applicant is working with staff to get all the city parks completed. Mr. Farris said more park construction is expected by the end of this year, followed by one or two per year in successive years, as they fill in the amenity gaps that currently exist. Councilman Stewart stated wanting more casinos and retail in the area is a challenge because there are many variables that are causing casinos and retail stores to close and said he would hate to see vacant stores and strip malls in the Cadence area in a few years. A brief discussion ensued regarding the various amenities contained within the apartment buildings. (Motion) Councilman Dan H. Stewart moved to approve DEV-2022009814. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero. Those abstaining: Councilman John F. Marz. Result: Pass. Henderson City Council Regular Meeting Page 16 of 24 Tuesday, July 19, 2022 – Minutes XI. UNFINISHED BUSINESS 19 CONTINUED ITEM ZCA-2006660051-A1 - ZONE CHANGE AMENDMENT MONUMENT @ CALICO RIDGE CMTS NUMBER(S): N/A APPLICANT: CALICO RIDGE PARTNERS, LLC Amend a zone change/planned unit development to add a Master Plan Overlay, rezoning from CN-PUD (Neighborhood Commercial) and CC-PUD (Community Commercial) with Planned Unit Development Overlay to CN-PUD-MP (Neighborhood Commercial) and CC-PUD-MP (Community Commercial) all with Planned Unit Development and Master Plan Overlays, repeal and replace Ordinance No. 2813 for ZCA-2007660030, revise and remove several conditions of approval relating to use restrictions within CC zoning, allow several CC zoning uses in the CN zoning district, and request waivers from the Development Code to: d) reduce the minimum size of a master plan overlay from 50 acres to 5.1 acres, e) waive separation requirements from a religious facility for a Tavern and Restaurants with Bar, and f) waive the 2000-foot tavern- to-tavern separation for one tavern; on 5.1 acres located on Lake Mead Parkway southeast of Keokuck Street approximately 530 feet east of De Marco Drive, in the Calico Ridge Planning Area. (This item was continued from the June 7, 2022, City Council Regular Meeting; and was continued to the August 23, 2022, City Council Regular Meeting at the request of the applicant.) Henderson City Council Regular Meeting Page 17 of 24 Tuesday, July 19, 2022 – Minutes XII. BILLS TO BE READ IN TITLE 20 CONTINUED ITEM ACCOMPANYING BILL NO. 3634 FOR ITEM 19 ZCA-2006660051-A1 MONUMENT @ CALICO RIDGE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT CALICO RIDGE PARTNERS, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 5.1 ACRES LOCATED ON LAKE MEAD PARKWAY SOUTHEAST OF KEOKUCK STREET APPROXIMATELY 530 FEET EAST OF DE MARCO DRIVE, IN THE CALICO RIDGE PLANNING AREA, TO AMEND A ZONE CHANGE/PLANNED UNIT DEVELOPMENT TO ADD A MASTER PLAN OVERLAY, REZONING FROM CN-PUD (NEIGHBORHOOD COMMERCIAL) AND CC-PUD (COMMUNITY COMMERCIAL) WITH PLANNED UNIT DEVELOPMENT OVERLAY TO CN-PUD-MP (NEIGHBORHOOD COMMERCIAL) AND CC- PUD-MP (COMMUNITY COMMERCIAL) ALL WITH PLANNED UNIT DEVELOPMENT AND MASTER PLAN OVERLAYS, REPEAL AND REPLACE ORDINANCE NO. 2813 FOR ZCA-2007660030, REVISE AND REMOVE SEVERAL CONDITIONS OF APPROVAL RELATING TO USE RESTRICTIONS WITHIN CC ZONING, ALLOW SEVERAL CC ZONING USES IN THE CN ZONING DISTRICT, AND REQUEST WAIVERS FROM THE DEVELOPMENT CODE TO: D) REDUCE THE MINIMUM SIZE OF A MASTER PLAN OVERLAY FROM 50 ACRES TO 5.1 ACRES; E) WAIVE SEPARATION REQUIREMENTS FROM A RELIGIOUS FACILITY FOR A TAVERN AND A RESTAURANT WITH BAR; AND F) WAIVE THE 2000-FOOT TAVERN-TO- TAVERN SEPARATION FOR ONE TAVERN. (This item was continued from the June 7, 2022, City Council Regular Meeting; and was continued to the August 23, 2022, City Council Regular Meeting at the request of the applicant.) Henderson City Council Regular Meeting Page 18 of 24 Tuesday, July 19, 2022 – Minutes 21 ACCOMPANYING BILL NO. 3647 FOR ITEM 11 ANNEXATION OF 1.14 ACRES – WELPMAN WAY AND FAIRFIELD AVENUE CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT CARLOS PELEAZ GOMEZ (Minutes/Discussion) Bristol Ellington, Deputy City Manager/COO, introduced and read Bill No. 3647 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 1.14 ACRES OF REAL PROPERTY GENERALLY LOCATED WEST OF WELPMAN WAY AND FAIRFIELD AVENUE IN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., COMMONLY KNOWN AS APN 191-09-801-004 (INCLUDING ADJACENT ROADWAYS – PORTION OF 191-09-899-002) AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON AND CARLOS PELEAZ GOMEZ, WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3647 to the Committee Meeting of August 2, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 19 of 24 Tuesday, July 19, 2022 – Minutes 22 ACCOMPANYING BILL NO. 3648 FOR ITEM 12 ANNEXATION OF 1.38 ACRES - WELPMAN WAY AND FAIRFIELD AVENUE CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT JEFFREY J. HOWERBUSH, TRUSTEE OF THE HOWERBUSH REVOCABLE TRUST (Minutes/Discussion) Bristol Ellington, Deputy City Manager/COO, introduced and read Bill No. 3648 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 1.38 ACRES OF REAL PROPERTY, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WELPMAN WAY AND FAIRFIELD AVENUE IN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., COMMONLY KNOWN AS APN 191-09-801-005 (INCLUDING ADJACENT ROADWAYS – PORTION OF 191-09-899-002), AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON AND JEFFREY J. HOWERBUSH, TRUSTEE OF THE HOWERBUSH REVOCABLE TRUST, DATED NOVEMBER 19, 2019, WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3648 to the Committee Meeting of August 2, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 20 of 24 Tuesday, July 19, 2022 – Minutes 23 ACCOMPANYING BILL NO. 3649 FOR ITEM 13 ANNEXATION OF 1.14 ACRES - WELPMAN WAY AND PLACID STREET CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT THE CANESTRELLI FAMILY REVOCABLE LIVING TRUST (Minutes/Discussion) Bristol Ellington, Deputy City Manager/COO, introduced and read Bill No. 3649 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 1.14 ACRES OF REAL PROPERTY, GENERALLY LOCATED EAST OF WELPMAN WAY AND PLACID STREET IN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., COMMONLY KNOWN AS APN 191-09-801-003 (INCLUDING ADJACENT ROADWAYS – PORTION OF 191-09-899-002), AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON AND BELMONTE OTTAVIO CANESTRELLI AND PATRICIA CANESTRELLI, TRUSTEES OF THE CANESTRELLI FAMILY REVOCABLE LIVING TRUST DATED NOVEMBER 29, 2019, WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3649 to the Committee Meeting of August 2, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 21 of 24 Tuesday, July 19, 2022 – Minutes 24 ACCOMPANYING BILL NO. 3650 FOR ITEM 14 ANNEXATION OF 1.38 ACRES - WELPMAN WAY AND PLACID STREET CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT FACCINTO, JR. NEVADA, LLC, SERIES “D” (Minutes/Discussion) Bristol Ellington, Deputy City Manager/COO, introduced and read Bill No. 3650 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 1.38 ACRES OF REAL PROPERTY, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WELPMAN WAY AND PLACID STREET IN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., COMMONLY KNOWN AS APN 191-09-801-002 (INCLUDING ADJACENT ROADWAYS – PORTION OF 191-09-899-002), AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON AND FACCINTO, JR. NEVADA, LLC, SERIES “D”, WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3650 to the Committee Meeting of August 2, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 22 of 24 Tuesday, July 19, 2022 – Minutes 25 ACCOMPANYING BILL NO. 3651 FOR ITEM 18 DEV-2022009814 AMENDED AND RESTATED CADENCE DEVELOPMENT AGREEMENT CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES THE LANDWELL COMPANY LP AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, ADOPTING A MAJOR MODIFICATION TO AN APPROVED DEVELOPMENT AGREEMENT TO, AMONG OTHER THINGS, 1) REMOVE THE URBAN CORE LAND USE FROM THE CADENCE MASTER PLAN AND REPLACE IT WITH NEIGHBORHOOD AND VILLAGE CENTER LAND USES; 2) REDUCE THE OVERALL UNIT COUNT FROM 13,250 DWELLING UNITS TO 12,250 DWELLING UNITS; 3) MAKE ADJUSTMENTS TO THE CADENCE DESIGN STANDARDS INCLUDING: A) AMENDING EXHIBIT 3.1 TO REMOVE URBAN CORE AREAS AND REPLACE THOSE IN VILLAGES L AND M WITH RESIDENTIAL AND VILLAGE N WITH VILLAGE CENTER; B) AMEND TABLE 3.1 TO REFLECT THE REDUCED MAXIMUM DWELLING UNIT AND COMMERCIAL SQUARE FOOTAGES; C) AMEND SECTION 3.4 TO REFLECT NEW VILLAGE DESCRIPTIONS; D) AMEND SEVERAL PRODUCT TYPES OF SECTION 5 TO ALLOW FOR UNIQUE HOUSING PRODUCTS IN VILLAGES K, L, AND M; E) AMEND THE BOULDER HIGHWAY STREET SECTION TO ACCOUNT FOR RESIDENTIAL PRODUCTS ADJACENT TO THE ROAD RIGHT-OF-WAY; AND, 4) AMEND AND RESTATE THE DEVELOPMENT AGREEMENT TO INCORPORATE ALL PRIOR AMENDMENTS, MAJOR MODIFICATIONS, AND MINOR MODIFICATIONS FOR A PLANNED COMMUNITY ON 2,200 ACRES, GENERALLY LOCATED NORTHEAST OF BOULDER HIGHWAY AND LAKE MEAD PARKWAY, IN THE EASTSIDE REDEVELOPMENT AND CADENCE PLANNING AREAS. Note: No action was taken on this item. Henderson City Council Regular Meeting Page 23 of 24 Tuesday, July 19, 2022 – Minutes 26 BILL NO. 3652 CREATING HENDERSON MUNICIPAL CODE CHAPTER 15.30 WILDLAND-URBAN INTERFACE CODE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT (Minutes/Discussion) Bristol Ellington, Deputy City Manager/COO, introduced and read Bill No. 3652 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO CREATE CHAPTER 15.30 OF THE HENDERSON MUNICIPAL CODE ENTITLED “WILDLAND-URBAN INTERFACE CODE” BY ADOPTING THE 2021 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3652 to the Committee Meeting of August 2, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 27 BILL NO. 3653 AMENDING HENDERSON MUNICIPAL CODE CHAPTER 15.16 ELECTRICAL CODE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT (Minutes/Discussion) Bristol Ellington, Deputy City Manager/COO, introduced and read Bill No. 3653 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND PORTIONS OF CHAPTER 15.16 – NATIONAL ELECTRICAL CODE. (Motion) Councilman Dan H. Stewart moved to refer Bill No. 3653 to the Committee Meeting of August 2, 2022, for review and recommendation. Henderson City Council Regular Meeting Page 24 of 24 Tuesday, July 19, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. XIII. MAYOR\COUNCILMEMBER COMMENTS (Minutes/Discussion) There were no Mayor/Councilmember comments presented. XIV. SET MEETING (Minutes/Discussion) The City Council Committee Meeting of August 2, 2022, will begin at 3:45 p.m., followed by the City Council Regular Meeting at 4:00 p.m. XV. PUBLIC COMMENT (Minutes/Discussion) There were no public comments presented. XVI. ADJOURNMENT There being no further business to come before the Council, Mayor March, in concurrence with the Council, adjourned the Regular Meeting at 4:47 p.m. PASSED AND APPROVED THIS 2nd DAY OF AUGUST 2022. ______________________ Debra March Mayor ATTEST: _____________________ Jose Luis Valdez, CMC City Clerk