City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, October 18, 2022 I. CALL TO ORDER (Minutes/Discussion) Mayor Debra March called the Regular Meeting to order at 4:00 p.m., in the City Council Chambers, City Hall, 240 South Water Street, Henderson, Nevada 89015. Mayor March 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. 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 Absent: 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 Lisa Corrado, Community Development and Services Director Andre Dixon, Deputy City Clerk Henderson City Council Regular Meeting Page 2 of 38 Tuesday, October 18, 2022 – Minutes IV. INVOCATION AND PLEDGE OF ALLEGIANCE (Minutes/Discussion) The invocation was given by Amy Johnson, Executive Administrative Assistant to the City Clerk, and was followed by the Pledge of Allegiance. V. PUBLIC COMMENT (Minutes/Discussion) Douglas DiJulio, 89002, requested the Council address Items 36 and 37 together; additionally, he requested the land sale under Item 38 of the agenda be postponed. VI. ACCEPTANCE OF AGENDA (For Possible Action) (Motion) Councilman Dan H. Stewart moved to accept the agenda, as amended. (Minutes/Discussion) Item 6 was pulled from the Consent Agenda to give Councilwoman Romero the opportunity to abstain from deliberating and voting. Item 15, the fiscal years listed in the item’s subject and recommended motion were corrected to state “amounts not to exceed $2,800,000.00 for Fiscal Year 22/23; $3,000,000.00 for Fiscal Year 23/24; $3,300,000.00 for Fiscal Year 24/25; $3,700,000.00 for Fiscal Year 25/26; and $4,100,000.00 for Fiscal Year 26/27. Items 20 and 21 were pulled from the Consent Agenda to be heard together but voted on separately. (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 3 of 38 Tuesday, October 18, 2022 – Minutes VII. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS 1 PRESENTATION PUBLIC SAFETY UPDATE HENDERSON POLICE DEPARTMENT CMTS NUMBER(S): N/A POLICE DEPARTMENT Update on the Henderson Police Department’s commitment to community safety in the City of Henderson. (Minutes/Discussion) Richard Derrick, City Manager/CEO, stated community safety is the City’s highest priority and Henderson is consistently ranked as one of the safest cities in America due to the superior service provided by the men and women of the Henderson Police Department (HPD), as well as the significant investment in resources dedicated to public safety from Mayor and Council. Mr. Derrick invited Michael Blow, Henderson Deputy Police Chief, to the dais to present a PowerPoint presentation updating Mayor and Council on public safety and crime trends in Henderson and how the Henderson Police Department is stepping up to meet needs in the community. Councilman Shaw thanked Deputy Chief Blow and stated Council reviews crime statistics in the city monthly and they are very proud of the work the HPD personnel are doing. Councilman Stewart thanked Deputy Chief Blow on his presentation and the entire department for their efforts keeping the city safe. He said he believes Henderson has one of the best departments in the country. Councilwoman Romero thanked Deputy Chief Blow and the HPD personnel and said she believes HPD serves the residents with honor and respectful service. Responding to the inquiry of Councilwoman Romero regarding HPD’s officer vacancy rate, Deputy Chief Blow confirmed that the vacancy rate also includes personnel vacancies that are awaiting the completion of the West Henderson Police Station buildout. Councilman Marz thanked Deputy Chief Blow and said for as long as he has been on Council, commitment of resources to public safety has been one of the Council’s top priorities and he hopes it continues to be moving forward. Henderson City Council Regular Meeting Page 4 of 38 Tuesday, October 18, 2022 – Minutes Mayor March thanked Deputy Chief Blow and Police Chief Thedrick Andres for their leadership over HPD. She said it is important for the residents to feel safe in their communities, so she is very thankful for the police officers, firefighters, and all public safety officers for their work in the community. Following the request of Councilwoman Romero, Deputy Chief Blow discussed HPD’s response to assist persons experiencing homelessness around the valley. Deputy Chief Blow thanked the Council for their support. He also thanked Lisa Corrado, Community Development and Services Director, and her team for their assistance to HPD in their efforts to assist persons experiencing homelessness around the valley. 2 PROCLAMATION MANUFACTURING DAY CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Proclamation declaring October 7, 2022, as Manufacturing Day in recognition of manufacturing as an important component of Nevada's economic development for more than 60 years and to further celebrate modern manufacturing and inspire the next generation of manufacturers. (Minutes/Discussion) Richard Derrick, City Manager/CEO, said manufacturing is the backbone of America’s economy and a strategic target for Henderson’s economic development and diversification efforts. He stated Henderson was born in America’s defense as a small industrial center; supplying magnesium for munitions during the Second World War and today is home to over 50 manufacturing companies who provide more than 5,000 jobs. Mr. Derrick announced in recognition of the City’s nearly 70-year history with the manufacturing sector and in celebration of modern manufacturing, the Mayor and City Council proclaim October 7th as Manufacturing Day in Henderson. He invited Jared Smith, Director Economic Development and Tourism, and Jim Hodge, Vice President of Power Sources for Lithion Battery, to the dais to accept the proclamation and take a photo with Mayor and Council. Mr. Smith thanked Council and the City of Henderson staff for their support and efforts growing and attracting more manufacturing jobs to Henderson. He said attracting more manufacturing to Henderson will bring good and well-paying jobs with pathways for growth for residents, so he hopes to continue attracting and supporting the manufacturing industry here in Henderson. Henderson City Council Regular Meeting Page 5 of 38 Tuesday, October 18, 2022 – Minutes Mr. Hodge, on behalf of Lithion, thanked Council for the proclamation. He said over Lithion’s first year in Henderson, they have accomplished great growth; therefore, he looks forward to continuing that growth in the future and continuing to be good neighbors in Henderson. Mayor March thanked Mr. Hodge and Lithion for helping to grow the manufacturing industry in Henderson and thanked Mr. Smith for joining the Henderson team. She declared October 7, 2022, as Manufacturing Day in Henderson and presented Mr. Hodge with a certificate. VIII. CITY MANAGER'S REPORT 3 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) Richard Derrick, City Manager/CEO, said the first full week of October has been recognized as Customer Service Week, which gave us an opportunity to salute the work of our dedicated City employees. He congratulated the City’s 2022 Premier Starts with You Awardees who were nominated by their fellow team members for their commitment to premier customer service and invited those in attendance to please stand for a round of applause. Mr. Derrick announced that on October 6th, the Henderson Police Department welcomed 21 new police officers from the Henderson Police Academy and noted among the new recruits are two active-duty national guardsmen, six former Police Explorers, two Eagle Scouts, and a third of the recruits are women. He thanked the new officers for their commitment to our community's safety and wished them all the best as they begin this honorable career. Mr. Derrick stated the Henderson Police Department hosted their Every 15 Minutes event at Coronado High School last week, spending two days with students giving them a compelling view of the lasting and deadly consequences of impaired driving. He said he would like to applaud the Police Department for challenging our teens to make decisions to prevent drunk driving. Mr. Derrick announced that lights around City Hall will be turning purple to bring more awareness to Domestic Violence. He stated each year; tens of thousands of Nevadans are the victims of domestic violence and sadly, Nevada ranks among the top states for the number of domestic violence cases annually. He implored, together we can shine a light on this crime and hopefully reduce the trend. Henderson City Council Regular Meeting Page 6 of 38 Tuesday, October 18, 2022 – Minutes Mr. Derrick congratulated John Lotito, Henderson Police Lieutenant, on his retirement after 23 years of service, and wished him the best on his future endeavors. IX. CONSENT AGENDA 4 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS OCTOBER 4, 2022 CMTS NUMBER(S): N/A CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of October 4, 2022. (Motion) Councilman Dan H. Stewart moved to approve the City Council Committee and Regular Meeting minutes of October 4, 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. 5 2023 CITY COUNCIL MEETING DATES CMTS NUMBER(S): N/A CITY CLERK'S OFFICE Schedule for the 2023 City Council Meeting dates. (Motion) Councilman Dan H. Stewart moved to approve the schedule for the 2023 City Council Meeting dates. (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 38 Tuesday, October 18, 2022 – Minutes 6 BIENNIAL STATUS REPORT UNION VILLAGE DEVELOPMENT AGREEMENT UNION VILLAGE, LLC AND VALLEY HEALTH, LLC CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT Biennial status report to the City of Henderson City Council from Union Village, LLC, and Valley Health System, LLC, providing all information necessary to assess the Developer’s good faith compliance with the terms of the Development Agreement as required by Section 9.1 of the Union Village Development Agreement, as assigned, in part, to Valley Health System, LLC. (Minutes/Discussion) Note: This item was pulled from the Consent Agenda to allow for Councilwoman Michelle Romero to read the following abstention statement: "This item is the biennial status report for the City’s development agreement with Union Village, LLC., and Valley Hospital, LLC. In my private capacity, I provide consulting services to Union Village. My work for Union Village is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment of this matter. Accordingly, I will abstain from deliberation and voting on this item." (Motion) Councilman Dan K. Shaw moved to accept the Biennial status report to the City of Henderson City Council from Union Village, LLC, and Valley Health System, LLC, providing all information necessary to assess the Developer’s good faith compliance with the terms of the Development Agreement as required by Section 9.1 of the Union Village Development Agreement, as assigned, in part, to Valley Health System, LLC. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: (None). Those abstaining: Councilwoman Michelle Romero. Result: Pass. Henderson City Council Regular Meeting Page 8 of 38 Tuesday, October 18, 2022 – Minutes 7 FIRST AMENDMENT TO THE RAIDERS DISPOSITION AND DEVELOPMENT AGREEMENT LVR REAL PROPERTY, LLC CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT First Amendment to the Raiders Disposition and Development Agreement between the City of Henderson and LVR Real Property, LLC to provide additional time for the Developer to complete the Phase IB Improvements subject to certain terms and conditions, located at 1475 Raiders Way, Henderson, Nevada 89052. (Motion) Councilman Dan H. Stewart moved to approve the Agreement between the City and LVR Real Property, LLC to amend the Raiders Disposition and Development Agreement to provide additional time for Developer to complete the Phase IB Improvements subject to certain terms 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. 8 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 4 LOCAL IMPROVEMENT DISTRICT (LID) T-21 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 4, LID T-21, Heritage Unit 1 at Black Mountain Ranch, dated August 22, 2022. (Motion) Councilman Dan H. Stewart moved to approve Apportionment Report and Final Assessment Roll, Amendment No. 4, LID T-21 Heritage Unit 1 at Black Mountain Ranch, dated August 22, 2022, and the findings therein. (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 38 Tuesday, October 18, 2022 – Minutes 9 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 5 LOCAL IMPROVEMENT DISTRICT (LID) T-21 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 5, LID T-21, Landmark Unit 2 at Black Mountain Ranch, dated September 13, 2022. (Motion) Councilman Dan H. Stewart moved to approve Apportionment Report and Final Assessment Roll, Amendment No. 5, LID T-21 Landmark Unit 2 at Black Mountain Ranch, dated September 13, 2022, and the findings therein. (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. 10 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 19 LOCAL IMPROVEMENT DISTRICT (LID) T-20 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 19, LID T-20, Rainbow Canyon at Lake Las Vegas, Parcel W-2A & W-3A, dated August 22, 2022. (Motion) Councilman Dan H. Stewart moved to approve Apportionment Report and Final Assessment Roll, Amendment No. 19, LID T-20, Rainbow Canyon at Lake Las Vegas, Parcel W-2A & W-3A dated August 22, 2022, and the findings therein. (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 38 Tuesday, October 18, 2022 – Minutes 11 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 27 LOCAL IMPROVEMENT DISTRICT (LID) T-16 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 27, LID T-16, The Falls At Lake Las Vegas Lot BB-1-1 & S-16A Phase 1, dated September 13, 2022. (Motion) Councilman Dan H. Stewart moved to approve Apportionment Report and Final Assessment Roll, Amendment No. 27, LID T-16, The Falls at Lake Las Vegas Lot BB-1-1 & S-16A Phase 1, dated September 13, 2022, and the findings therein. (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. 12 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 28 LOCAL IMPROVEMENT DISTRICT (LID) T-16 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 28, LID T-16, The Falls At Lake Las Vegas Lot BB-1-1 & S-16A Phase 2A, dated September 13, 2022. (Motion) Councilman Dan H. Stewart moved to approve Apportionment Report and Final Assessment Roll, Amendment No. 28, LID T-16, The Falls at Lake Las Vegas Lot BB-1-1 & S-16A Phase 2A, dated September 13, 2022, and the findings therein. (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 38 Tuesday, October 18, 2022 – Minutes 13 CASH REQUIREMENTS REGISTER AUGUST 26, 2022, THROUGH SEPTEMBER 22, 2022 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Cash Requirements Register for the period of August 26, 2022, through September 22, 2022, in the amount of $40,954,490.48. (Motion) Councilman Dan H. Stewart moved to approve the Cash Requirements Register for the period of August 26, 2022, through September 22, 2022, in the amount of $40,954,490.48. (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. 14 EQUIPMENT PURCHASE AUDIO/VISUAL EQUIPMENT AND PROVIDE CONFIGURATION, AND INSTALLATION SERVICES COMPUTER PROJECTION SYSTEMS, LLC., DBA CCS PRESENTATION SYSTEMS FUNDING SOURCE: IT INFRASTRUCTURE REPLACEMENT CMTS NUMBER(S): N/A DEPARTMENT OF INFORMATION TECHNOLOGY Issuance of a purchase order to Computer Projection Systems, LLC., dba CCS Presentation Systems to purchase audio/visual equipment and provide configuration, and installation services for a period of three (3) years, for fiscal years 22/23 through 24/25, not to exceed an amount of $270,000.00 per year, for a total estimated amount not to exceed $810,000.00. (Motion) Councilman Dan H. Stewart moved to approve the purchase order to Computer Projection Systems, LLC., dba CCS Presentation Systems to purchase audio/visual equipment and provide configuration, and installation services for a period of three (3) years, for fiscal years 22/23 through 24/25, not to exceed an amount of $270,000.00 per year, for a total estimated amount not to exceed $810,000.00. Henderson City Council Regular Meeting Page 12 of 38 Tuesday, October 18, 2022 – Minutes (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. 15 PURCHASE ORDERS INFORMATION TECHNOLOGY HARDWARE, SOFTWARE AND SERVICES FUNDING SOURCE: IT INFRASTRUCTURE REPLACEMENT CMTS NUMBER(S): N/A DEPARTMENT OF INFORMATION TECHNOLOGY Issue purchase orders for information technology hardware, software and services for the City of Henderson from authorized resellers; CDW Government LLC, Dell Technologies Inc., En Pointe IT Solutions, SHI International Corp., Panasonic Connect North America, Division of Panasonic Corporation of North America, and Lenovo Global Technology Inc., in accordance with NRS 332.115 (g,h) Contracts not adapted to award by competitive bidding, for a period of five (5) years, in an aggregate amount not to exceed $2,800,000.00 for Fiscal Year 23/24; $3,000,000.00 for Fiscal Year 24/25; $3,300,000.00 for Fiscal Year 25/26; $3,700,000.00 for Fiscal Year 26/27; and $4,100,000.00 for Fiscal Year 27/28. (Motion) Councilman Dan H. Stewart moved to approve the issuance of purchase orders for information technology hardware, software and services for the City of Henderson from authorized resellers; CDW Government LLC, Dell Technologies Inc., En Pointe IT Solutions, SHI International Corp., Panasonic Connect North America, Division of Panasonic Corporation of North America, and Lenovo Global Technology Inc., in accordance with NRS 332.115 (g,h) Contracts not adapted to award by competitive bidding, for a period of five (5) years, in aggregate amounts not to exceed $2,800,000.00 for Fiscal Year 22/23; $3,000,000.00 for Fiscal Year 23/24; $3,300,000.00 for Fiscal Year 24/25; $3,700,000.00 for Fiscal Year 25/26; and $4,100,000.00 for Fiscal Year 26/27. (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 38 Tuesday, October 18, 2022 – Minutes 16 EXTENSION TO MAINTENANCE AND SUPPORT AGREEMENT IDEMIA IDENTITY & SECURITY USA LLC FUNDING SOURCE: CITYWIDE SERVICES CMTS NUMBER(S): 23572 DEPARTMENT OF INFORMATION TECHNOLOGY Ratification and approval of the extension of the Maintenance and Support Agreement #001907-000 between the City of Henderson and Idemia Identity & Security USA LLC, for the Automated Fingerprint Identification System (AFIS) maintenance support services, for one year beginning on July 1, 2022, to July 30, 2023, in an amount not to exceed $186,371.00. (Motion) Councilman Dan H. Stewart moved to ratify and approve the extension of the Maintenance and Support Agreement # 001907-000 between the City of Henderson and Idemia Identity & Security USA LLC, for the Automated Fingerprint Identification System (AFIS) maintenance support services for one year beginning on July 1, 2022 to July 30, 2023, in an amount not to exceed $186,371.00. (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. 17 CONTRACT AMENDMENT #2 SECURITY SERVICES UNIVERSAL PROTECTION SERVICE LLC, DBA ALLIED UNIVERSAL SECURITY SERVICES FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): 24851 PARKS AND RECREATION DEPARTMENT Amendment #2 to the Security Services Contract between the City of Henderson and Universal Protection Service LLC, dba Allied Universal Security Services, revising the point of contact, scope of service, and fee schedule to recreation centers only, and reducing the total annual amount from $210,000.00 to $160,000.00. Henderson City Council Regular Meeting Page 14 of 38 Tuesday, October 18, 2022 – Minutes (Motion) Councilman Dan H. Stewart moved to approve amendment #2 to the Security Services Contract between the City of Henderson and Universal Protection Service LLC, dba Allied Universal Security Services, revising the point of contact, scope of service, and fee schedule to recreation centers only, and reducing the total annual amount from $210,000.00 to $160,000.00. (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. 18 ACCESS TO EQUIPMENT EASEMENT AGREEMENT NEVADA POWER COMPANY, D/B/A NV ENERGY CENTER OF EXCELLENCE AND INSPIRADA POLICE STATION CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Access to Equipment Easement Agreement between Nevada Power Company, a Nevada Corporation, d/b/a NV Energy and the City of Henderson, for an easement on City-owned property, APNs: 191-14-115-003 and 191-14-115-002 in the Northwest Quarter (NW 1/4) of Section 14, Township 23 South, Range 61 East, M.D.M, generally located east of the intersection of Via Inspirada and Via Nobila for electrical facilities that will serve the Center of Excellence and the Inspirada Police Station. (Motion) Councilman Dan H. Stewart moved to approve the Access to Equipment Easement Agreement between Nevada Power Company, a Nevada Corporation, d/b/a NV Energy and the City of Henderson, for an easement on City owned property, APNs: 191-14-115-003 and 191-14-115-002 in the Northwest Quarter (NW 1/4) of Section 14, Township 23 South, Range 61 East, M.D.M, generally located east of the intersection of Via Inspirada and Via Nobila for electrical facilities that will serve the Center of Excellence and the Inspirada Police Station. (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 15 of 38 Tuesday, October 18, 2022 – Minutes 19 AGREEMENT AND PROJECT BUDGET FIRE STATION 95 RENOVATION LEO A. DALY COMPANY FUNDING SOURCE: FIRE - CAPITAL REPAIR AND REPLACEMENT FUND CMTS NUMBER(S): 26786 PUBLIC WORKS DEPARTMENT Agreement between the City of Henderson and Leo A. Daly Company for design and construction administrative services for the City of Henderson Fire Station 95 Renovation in the amount of $202,022.00; approve a total project budget of $3,628,938.00 for both design and construction on the project; and authorize the Director of Public Works, or his designee, to execute change orders within the approved design budget. (Motion) Councilman Dan H. Stewart moved to approve the Agreement between the City of Henderson and Leo A. Daly Company for design and construction administrative services for the City of Henderson Fire Station 95 Renovation in the amount of $202,022.00; approve a total project budget of $3,628,938.00 for both design and construction on the project; and authorize the Director of Public Works, or his designee, to execute change orders within the approved design budget. (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. 20 BID PROTEST CONSIDERATION AND DETERMINATION INVITATION FOR BIDS (IFB) 109-23 BLACK MOUNTAIN REC CENTER EXTERIOR PAINTING UNFORGETTABLE COATINGS, INC. CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Consideration of bid protest submitted by Unforgettable Coatings, Inc., for Invitation for Bids (IFB) 109-23 Black Mountain Rec Center Exterior Painting. (Minutes/Discussion) Note: This item was pulled from the Consent Agenda to be heard with Item 21, but was voted on separately. Henderson City Council Regular Meeting Page 16 of 38 Tuesday, October 18, 2022 – Minutes Cory Summerhays, 89118, representing Unforgettable Coatings, Inc., presented a summary of the reasoning for their bid protest and reasoning why he believes Unforgettable Coatings, Inc. is the best company to complete this job. Ed McGuire, Director of Public Works, discussed the City’s process for receiving and reviewing bids and the City’s rationale for recommending denial of Unforgettable Coatings, Inc.’s bid protest and awarding the bid to Olympus and Associates, Inc. Councilman Stewart stressed the importance of clarity and accuracy when submitting bid documents for government projects. (Motion) Councilman Dan H. Stewart moved to reject the bid protest submitted by Unforgettable Coatings, Inc., for Invitation for Bids (IFB) 109-23 Black Mountain Rec Center Exterior Painting, based on the findings of staff. (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. 21 AWARD INVITATION FOR BIDS (IFB) 109-23 BLACK MOUNTAIN REC CENTER EXTERIOR PAINTING OLYMPUS AND ASSOCIATES, INC. OR ALTERNATIVELY UNFORGETTABLE COATINGS, INC. FUNDING SOURCE: MUNICIPAL FACILITIES, ACQUISITIONS AND CONSTRUCTION CMTS NUMBER(S): 26784 PUBLIC WORKS DEPARTMENT Award Invitation for Bids (IFB) 109-23 Black Mountain Rec Center Exterior Painting in the amount of $97,000.00 to Olympus and Associates, Inc., dba Olympus Painting and Sandblasting, and approve the contract between Olympus and Associates, Inc., and the City in the amount of the bid if the Bid Protest by Unforgettable Coatings, Inc. is denied, or alternatively, Award Invitation for Bids (IFB) 109-23 Black Mountain Rec Center Exterior Painting in the amount of $49,172.00 to Unforgettable Coatings, Inc., and approve the contract between Unforgettable Coatings, Inc., and the City in the amount of the bid if the Bid Protest by Unforgettable Coatings, Inc. is upheld. (Minutes/Discussion) Note: This item was pulled from the Consent Agenda to be heard with Item 20, but was voted on separately. For the discussion related to this item, please refer to the discussion under Item 20 of the agenda. Henderson City Council Regular Meeting Page 17 of 38 Tuesday, October 18, 2022 – Minutes (Motion) Councilwoman Michelle Romero moved to award Invitation for Bids (IFB) 109-23 Black Mountain Rec Center Exterior Painting in the amount of $97,000.00 to Olympus and Associates, Inc., dba Olympus Painting and Sandblasting, and approve the contract between Olympus and Associates, Inc., and the City in the amount of the bid. (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. 22 CHANGE ORDER NO. 3 AND BUDGET INCREASE CITY HALL IMPROVEMENTS SHF INTERNATIONAL, LLC FUNDING SOURCE: MUNICIPAL FACILITIES FUND CMTS NUMBER(S): 23560 PUBLIC WORKS DEPARTMENT Change Order No. 3 between the City of Henderson and SHF International, LLC, for City Hall improvements in the amount of $673,750.00; approve an increase in the total project budget to $4,719,750.00, an increase of $733,750.00; and authorize the Director of Public Works, or his designee, to execute change orders within the approved budget. (Motion) Councilman Dan H. Stewart moved to approve Change Order No. 3 between the City of Henderson and SHF International, LLC for City Hall Improvements in the amount of $673,750.00; approve an increase in the total project budget to $4,719,750.00, an increase of $733,750.00; and authorize the Director of Public Works, or his designee, to execute change orders within the approved budget. (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 18 of 38 Tuesday, October 18, 2022 – Minutes 23 INTERLOCAL CONTRACT AMIGO STREET AND SUNRIDGE HEIGHTS IMPROVEMENTS PROJECT PROJECT 192G (FRI2) (CONSTRUCTION) REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) FUNDING SOURCE: RTC FUNDED CMTS NUMBER(S): 26684 PUBLIC WORKS DEPARTMENT Interlocal Contract between the Regional Transportation Commission of Southern Nevada (RTC) and the City of Henderson, for Project 192G (FRI2), Amigo Street and Sunridge Heights Parkway Improvements Project, in the amount of $2,500,000.00. (Motion) Councilman Dan H. Stewart moved to approve the Interlocal Contract between the Regional Transportation Commission of Southern Nevada (RTC) and the City of Henderson, for Project 192G (FRI2), Amigo Street and Sunridge Heights Parkway Improvements Project, in the amount of $2,500,000.00. (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. 24 AWARD CONSTRUCTION CONTRACT AMIGO STREET AND SUNRIDGE HEIGHTS IMPROVEMENT PROJECT CG&B ENTERPRISES, INC. FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) AND DEPARTMENT OF UTILITY SERVICES (DUS) CMTS NUMBER(S): 24822 PUBLIC WORKS DEPARTMENT Award Construction Contract No. 24822, Amigo Street and Sunridge Heights Improvement Project to CG&B Enterprises, Inc., in the amount of $1,875.000.00; approve the project budget in the amount of $2,217,500.00; authorize the City Manager/CEO, or his designee, to execute the contract for the City; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. Henderson City Council Regular Meeting Page 19 of 38 Tuesday, October 18, 2022 – Minutes (Motion) Councilman Dan H. Stewart moved to award Construction Contract No. 24822, Amigo Street and Sunridge Heights Improvement Project to CG&B Enterprises, Inc., in the amount of $1,875.000.00; approve the project budget in the amount of $2,217,500.00; authorize the City Manager/CEO, or his designee, to execute the contract for the City; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, 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. 25 INTERLOCAL CONTRACT EASTERN AVENUE, HORIZON RIDGE TO SUN CITY ANTHEM PROJECT PROJECT 002AF (FRI2) (CONSTRUCTION) REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) FUNDING SOURCE: RTC FUNDED CMTS NUMBER(S): 26753 PUBLIC WORKS DEPARTMENT Interlocal Contract between the Regional Transportation Commission of Southern Nevada (RTC) and the City of Henderson, for Project 002AF (FRI2), Eastern Avenue, Horizon Ridge to Sun City Anthem Project, in the amount of $8,500,000.00. (Motion) Councilman Dan H. Stewart moved to approve the Interlocal Contract between the Regional Transportation Commission of Southern Nevada (RTC) and the City of Henderson, for Project 002AF (FRI2), Eastern Avenue, Horizon Ridge to Sun City Anthem Project, in the amount of $8,500,000.00. (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 20 of 38 Tuesday, October 18, 2022 – Minutes 26 INTERLOCAL CONTRACT NEVADA STATE DRIVE, COMPASSION STREET TO CONESTOGA WAY PROJECT PROJECT 216C (FRI2) (CONSTRUCTION) REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) FUNDING SOURCE: RTC FUNDED CMTS NUMBER(S): 26730 PUBLIC WORKS DEPARTMENT Interlocal Contract between the Regional Transportation Commission of Southern Nevada (RTC) and the City of Henderson, for Project 216C (FRI2), Nevada State Drive, Compassion Street to Conestoga Way Project, in the amount of $13,500,000.00. (Motion) Councilman Dan H. Stewart moved to approve the Interlocal Contract between the Regional Transportation Commission of Southern Nevada (RTC) and the City of Henderson, for Project 216C (FRI2), Nevada State Drive, Compassion Street to Conestoga Way Project, in the amount of $13,500,000.00. (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. 27 REJECT ALL BIDS AND AUTHORIZE STAFF TO RE-BID IFB 115-23 RAILROAD REHABILITATION PROJECT CMTS NUMBER(S): 26587 PUBLIC WORKS DEPARTMENT Approve staff recommendation to reject all bids for Railroad Rehabilitation Project MP 10.87 to MP 17.11, Contract No. 26587 (ST-332); PWP-CL-2022-453 and authorize staff to re-bid the project with a revised scope of work. (Motion) Councilman Dan H. Stewart moved to approve staff recommendation to reject all bids for Railroad Rehabilitation Project MP 10.87 to MP 17.11, Contract No. 26587 (ST-332); PWP-CL-2022-453, and authorize staff to re-bid the project with a revised scope of work. Henderson City Council Regular Meeting Page 21 of 38 Tuesday, October 18, 2022 – Minutes (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. 28 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS INSPIRADA BUILDERS, LLC, CMTS NUMBER(S): 26754 PUBLIC WORKS DEPARTMENT Settlement agreement between the City of Henderson and Inspirada Builders, LLC, to settle and resolve any issues with the streetlight arms and fixtures that are currently installed, and go to a standard arm and fixture on current poles and future build outs. (Motion) Councilman Dan H. Stewart moved to approved the settlement agreement between the City of Henderson and Inspirada Builders LLC to settle and resolve any issues with the streetlight arms and fixtures that are currently installed and go to a standard arm and fixture on current poles and future build outs. (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. 29 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE ARCO/AMPM 42726 CMTS NUMBER(S): N/A GBR OIL INC. Application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for GBR Oil Inc., dba Arco/AMPM 42726, 198 North Pecos Road, Henderson, Nevada 89074. (Motion) Councilman Dan H. Stewart moved to approve the application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for GBR Oil, Inc., dba Arco/AMPM 42726, 198 North Pecos Road, Henderson, Nevada 89074. Henderson City Council Regular Meeting Page 22 of 38 Tuesday, October 18, 2022 – Minutes (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. 30 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE EL GENERAL TACO CO CMTS NUMBER(S): N/A EL GENERAL TACO CO. NO. 1 LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for El General Taco Co. No. 1 LLC, dba El General Taco Co, 55 North Stephanie Street, Suite 120, Henderson, Nevada 89074. (Motion) Councilman Dan H. Stewart moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for El General Taco Co. No. 1 LLC, dba El General Taco Co, 55 North Stephanie Street, Suite 120, Henderson, Nevada 89074, pending verification of registration with Nevada Department of Taxation and verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, 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. 31 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE ROCK N GRAPES WINE PUB CMTS NUMBER(S): N/A ROCK N GRAPES LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Rock N Grapes LLC, dba Rock N Grapes Wine Pub, 155 South Water Street, Suite 130, Henderson, Nevada 89015. (Motion) Councilman Dan H. Stewart moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Rock N Grapes LLC, dba Rock N Grapes Wine Pub, 155 South Water Street, Suite 130, Henderson, Nevada 89015 pending verification of required departmental approvals. Henderson City Council Regular Meeting Page 23 of 38 Tuesday, October 18, 2022 – Minutes (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. 32 BUSINESS LICENSE CATERING LIQUOR AND A BEER CMTS NUMBER(S): N/A RUSTIC BARN CO LLC Application for the Catering Liquor business license for Rustic Barn Co LLC, dba And A Beer, 140 West Highland Drive, Henderson, Nevada 89015. (Motion) Councilman Dan H. Stewart moved to approve the application for the Catering Liquor business license for Rustic Barn Co LLC, dba And A Beer, 140 West Highland Drive, Henderson, Nevada 89015, pending verification of registration with Nevada Department of Taxation and verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, 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. 33 BUSINESS LICENSE RESTRICTED GAMING ACES EAST CMTS NUMBER(S): N/A CHAMPIONS TAVERN LLC Application for the Restricted Gaming business license for Champions Tavern LLC, dba Aces East, 35 South Gibson Road, Suite 2, Henderson, Nevada 89012. (Motion) Councilman Dan H. Stewart moved to approve the application for the Restricted Gaming business license for Champions Tavern LLC, dba Aces East, 35 South Gibson Road, Suite 2, Henderson, Nevada 89012, pending Nevada Gaming Commission approval and required departmental approvals. Henderson City Council Regular Meeting Page 24 of 38 Tuesday, October 18, 2022 – Minutes (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. 34 BUSINESS LICENSE RESTAURANT WITH BAR TRATTORIA ITALIA CMTS NUMBER(S): N/A VERITA NEVADA RESTAURANT GROUP INC. Application for the Restaurant with Bar business license for Verita Nevada Restaurant Group Inc., dba Trattoria Italia, 9905 South Eastern Avenue, Suite 140, Henderson, Nevada 89074. (Motion) Councilman Dan H. Stewart moved to approve the application for the Restaurant with Bar business license for Verita Nevada Restaurant Group Inc., dba Trattoria Italia, 9905 South Eastern Avenue, Suite 140, Henderson, Nevada 89074, 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 25 of 38 Tuesday, October 18, 2022 – Minutes X. PUBLIC HEARINGS 35 PUBLIC HEARING APPEAL OF DECISION AP-8-22 FOR CUP-2022010464 - CONDITIONAL USE PERMIT WOS-2022010467 - WAIVER OF STANDARDS DRA-2022010466 - DESIGN REVIEW JOKERS WILD EXPANSION CMTS NUMBER(S): N/A APPELLANT/APPLICANT: ELDORADO, INC. Appeal of the Planning Commission’s decision to approve with conditions relating to the timing of the hotel component: A) an expansion of a nonconforming Non-restricted Gaming Establishment; B) a waiver request from Development Code standards to allow the maximum height of a hotel to be 56 feet for the main building and 70 feet for parapets and architectural features where 40 feet is maximum; and C) review architecture and site design to rebuild the existing casino and for a future expansion of the casino that includes a hotel, on 12.5 acres; located at 920 N. Boulder Highway, in the Eastside Redevelopment and Pittman Planning Areas. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of the item and the item’s discussion at the September 15, 2022, Planning Commission Meeting. She said there is a staff memorandum that accompanies this item that presents new elevation drawings and removes Condition No. 43 from the DRA-2022010466 application. Russell Rowe, 89052, representing the applicant and appellant, thanked staff for their assistance on the project and displayed site exhibits. Additionally, he provided Council proposed revisions to the Conditions of Approval for this item and presented a summary of the applicant’s reasons for requesting the Council modify Planning Commission’s decision of approval. Mayor March opened the public hearing and asked if there were any comments from the public related to this item. There being no one wishing to speak, the public hearing was closed. Mayor March stated she likes the updated proposal from the applicant. Councilman Marz discussed his concerns regarding not having a time period requirement attached to the buildout of Phase 2 of the applicant’s plan. He stated he believes there needs to be a time period set in place for at least when the hotel portion of Phase 2 needs to commence. Henderson City Council Regular Meeting Page 26 of 38 Tuesday, October 18, 2022 – Minutes Councilwoman Romero said she would hate to lose the opportunity to get a new and updated casino, and that is why she is in favor of the updated proposal the applicant has presented. A brief discussion ensued regarding the upcoming update to the Boulder Highway corridor and how that will affect or increase the likelihood of commencement of Phase 2 of the applicant’s buildout. (Motion) Councilwoman Michelle Romero moved to modify Planning Commission's decision of approval of CUP-2022010464, WOS-2022010467, and DRA-2022010466, subject to findings of fact and amended conditions. Note: For the list of conditions of approval for this item, please reference the staff report and staff memorandums attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: Councilman John F. Marz. Those absent: (None). Those abstaining: (None). Result: Pass. 36 PUBLIC HEARING CPA-2022010482 - COMPREHENSIVE PLAN AMENDMENT HENDERSON STRONG COMPREHENSIVE PLAN (UPDATE TO APPENDIX) CMTS NUMBER(S): N/A APPLICANT: CITY OF HENDERSON A) Adopt and add to the Plan Appendix the City of Henderson's Complete Streets Policy; and B) Adopt and add to the Plan Appendix a new Master Transportation Plan Roadway Classification Map to: 1) make planned roadway changes in West Henderson and the Eldorado Valley; 2) extend the easterly segment of Paradise Hills Drive west to College Drive; and 3) make minor revisions to roadway nomenclature, alignment and classification. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of the item and stated Planning Commission’s recommendation was for denial; however, staff recommends approval of the item. Henderson City Council Regular Meeting Page 27 of 38 Tuesday, October 18, 2022 – Minutes Andrew Powell, Planning Manager; and Ed McGuire, Director of Public Works, gave a PowerPoint presentation, titled Henderson Community Development and Services Master Transportation Plan Update, and highlighted the following slides:  Background: Henderson Strong Comprehensive Plan  Background: Master Transportation Plan  Why Update the Master Transportation Plan?  Proposed Modifications to the Master Transportation Plan (Area #1, Area #2, Area #3)  Traffic Congestion on Nevada State Drive  Existing Zoning  Conceptual Cross-Section (Options #1, #2, and #3)  Previously Considered Alternatives Mayor March opened the public hearing and asked if there were any comments from the public related to this item. Dr. Bill Robinson, 89002, stated his support for a proposed road due to a lack of a secondary entry and exit option and the traffic buildup along Nevada State Drive that he and his neighbors experience. He said the problem will only exacerbate with all the approved forthcoming development planned in the area. The following constituents expressed opposition regarding the proposed item: Mark Grealis, 89002; Riley Troy, 89002; James Willhite, 89002; David Hauser, 89002; Heather Seitz, 89002; Kisha Lavell, 89002; Beau Stewart, 89002; Douglas DiJulio, 89002; Brooke Howe, 89002; Sam Jones, 89002; Steve George, 89002; Peter Kingman, 89002; Lorraine Yarde, 89002; Alex Kleytman, 89002; Geoffrey Lavell, 89002; James Peters, 89002; Reina Gamett, 89002; Bruce Henry, 89002; John McFie, 89002; Steve Brown, 89002; Veronica Gonzalez, 89002; Shawn Pino, 89103; Patrick O’Connel, 89002; and stated some of the following concerns:  The nearby neighbors and other community members should be involved with planning any potential road placement or design  The college campus has their own plan for a primary entrance  If there must be a road, it should be proposed in a different location to protect the Rural Preservation Area (RPA)  The increased traffic if the college becomes a university  Most of the residents are opposed to the road extension  The road extension and increase in traffic would pose a danger to the horses and drivers in the area since horses tend to be skittish around loud noises and vehicles and will have to cross the road to access the desert area  The money devoted to buying the land and building a road should be allocated to public safety Henderson City Council Regular Meeting Page 28 of 38 Tuesday, October 18, 2022 – Minutes  The road extension would pose a safety hazard to motorists, cyclists, and pedestrians; current residents respect the posted speed limits, but non- neighborhood traffic would cause more accidents  Instances of DUI-related accidents are higher when college students are present  College Drive should not become a commuter road  A separate on and off ramp to the freeway would be more effective than adding a road  There have been fatalities on Paradise Hills, and the expansion will cause even more safety-related issues  The road expansion will prevent many recreational outdoor activities  Property values will decrease, and crime rates will increase  A traffic study needs to be conducted while school is in session  There is no need to end an RPA with a major connection road  The college currently has four entrance/exit points for less than 300 full- time students  The road expansion is an example of poor communication between the government and the citizens; the homeowners’ rights are not being considered  This portion of the plan should be delayed, not rushed, and revisited with input from the members of the community The following constituents provided opposition comment cards for this item; however, they did not wish to speak before Council: Scott Ramer, 89002; Kindra Reif, 89002; Charles Fabiano, 89002; Ernest Davidson, 89002; Marlene Kreier, 89002; Peter Trauth, 89002; Scott and Margaret Combs, 89002; Denise Gelentine, 89002; Anand and Sheila Savur, 89015; Karen Dowds, 89002; Steve Findlay, 89002; Jennifer Connelly, 89002; Ronald and Norma Bielar, 89002; Flora Kleytman, 89002; Scott Goodsell, 89011; David Owens, 89002; Jim Monaco, 89002; Michael Vlaovich, 89002; Craig Fuller, 89002; Theresa Renner, 89002; Michele McFie, 89002; Bernie, Cynthia, and Natasha Bruno, 89002; Tu Halbleib, 89015; Kim Martin-Wood, 89002; Michael and Julie Allord, 89002; John Wood, 89002; Judith Jones, 89002; Alonzo Gomez, 89002; Dan Theisen, 89002; Rick Boyko, 89002; Samuel and Gayle Blakeley, 89002; Kenneth Sissom, 89002; Star Stewart, 89002; J. Norris, 89002; Auil, Ajanta, Sudha, Kalyauper (phonetic), 89002. Glenn Lein, 89002, provided a comment card in support of this item; however, did not wish to speak before Council. There being no one else wishing to speak, the public hearing was closed. Following the public hearing portion, Mr. McGuire and Mr. Powell returned to the podium to address some of the comments and questions raised by the public. Additionally, Mr. McGuire discussed why staff did not recommend a major or minor connector in the area other than along Paradise Hills Drive, or building a frontage road along the I-11 freeway stretch in the area. Henderson City Council Regular Meeting Page 29 of 38 Tuesday, October 18, 2022 – Minutes Following the request of Councilwoman Romero, Mr. McGuire detailed the improvements that will be made to Nevada State Drive due to the approval of Item 26 of the agenda. Councilman Shaw discussed his reasoning why he believes the City should purchase the land relating to Item 38 of the agenda and also why he believes the City should hold off on approving the installment of a new road along Paradise Hills Drive until staff and the neighbors discuss all possible design options or alternatives. Councilman Marz concurred with Councilman Shaw’s comments on buying the land and allowing more time for the neighbors in the area to have more input on possible design options for a new road or alternatives. He also stated he believes it is important to maintain the rural nature of the area. Councilwoman Romero said she does not believe a road is needed at this time and that there are better options to address alternative access to the college. She stated she is hesitant about purchasing the land related to Item 38 of the agenda; however, she does not want to limit available road design options due to not purchasing the road. Additionally, she said the neighbors should have input on the design of roads being planned in the area with the forthcoming planned new development. A discussion ensued regarding Council’s direction to staff to meet with representatives of neighbors in the area and other relevant stakeholders to allow proper input on whether alternative roads are needed and potential design and pathway options if it is deemed as needed. (Motion) Councilwoman Michelle Romero moved to approve CPA-2022010482, as amended, which includes removal of the modification to College Drive and deletion of B) 2) to extend Paradise Hills Drive. Additionally, direction was given to staff to meet with a representative group of the neighborhood to discuss options for a roadway connection, and to move forward with a new MTP request once staff has a viable option to bring to Planning Commission and City Council for consideration. (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 30 of 38 Tuesday, October 18, 2022 – Minutes 37 ACCOMPANYING RESOLUTION FOR ITEM 36 CPA-2022010482 HENDERSON STRONG COMPREHENSIVE PLAN UPDATE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE HENDERSON STRONG COMPREHENSIVE PLAN TO ADOPT AND INCORPORATE THE CITY OF HENDERSON’S COMPLETE STREETS POLICY, AND TO ADOPT AND ADD A NEW MASTER TRANSPORTATION PLAN (MTP) ROADWAY CLASSIFICATION MAP TO THE HENDERSON STRONG APPENDIX TO: 1) REFLECT PLANNED ROADWAY CHANGES IN WEST HENDERSON AND THE ELDORADO VALLEY; 2) EXTEND THE EASTERLY SEGMENT OF PARADISE HILLS DRIVE WEST TO COLLEGE DRIVE; AND 3) MAKE MINOR REVISIONS TO ROADWAY NOMENCLATURE, ALIGNMENT, AND CLASSIFICATION. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4500 by title. Lisa Corrado, Community Development and Services Director, clarified that the amendments made to the CPA-2022010482 application under Item 36 of the agenda will also apply to the Resolution accompanying this item. Note: Some of the comments made under the public hearing portion of Item 36 referenced this item; therefore, for potential discussion related to this item, please refer to the discussion under Item 36 of the agenda. (Motion) Councilwoman Michelle Romero moved to adopt Resolution No. 4500, 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. Henderson City Council Regular Meeting Page 31 of 38 Tuesday, October 18, 2022 – Minutes XI. UNFINISHED BUSINESS 38 CONTINUED ITEM PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 7.89 ACRES AT COLLEGE DRIVE AND PARADISE HILLS DRIVE BOYER 1992 IRREVOCABLE TRUST FUNDING SOURCE: LAND FUND CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Purchase and Sale Agreement and Joint Escrow Instructions between the City of Henderson and Doris G. Williams, Successor Trustee of the Boyer 1992 Irrevocable Trust, dated December 1992, for the City’s purchase of 7.89 acres, more or less, of real property located at the southeast corner of College Drive and Paradise Hills Drive, Henderson, Nevada, and identified by Clark County Assessor Parcel Number 179-32-702-001, for the purchase price of $2,700,000.00, plus closing costs, to be augmented from the Land Fund balance, and authorization for the City Manager/CEO, or his designee, to execute all necessary documents to complete the purchase. (This item was continued from the August 23, 2022, and September 13, 2022, City Council Regular Meetings.) (Minutes/Discussion) Ed McGuire, Director of Public Works, presented a summary of the item and stated staff recommends approval. Nicholas Vaskov, City Attorney, noted there are specific legal requirements dictating putting a property to public use within a certain timeframe; therefore, the City will need to be mindful of that timeframe if this land is purchased through approval of this item. The following constituents provided opposition comment cards for this item; however, they did not wish to speak before Council: Kacey Thomas, 89002; Kindra Reif, 89002; Theresa Renner, 89002; 89002; Charles Fabiano, 89002; Ernest Davidson, 89002; Marlene Kreier, 89002; Scott and Margaret Combs, 89002; George and Denise Gelentine, 89002; Anand and Sheila Savur, 89015; Karen Dowds, 89002; Steve Findlay, 89002; Jennifer Connelly, 89002; Flora Kleytman, 89002; Scott Goodsell, 89011; David Owens, 89002; Jim Monaco, 89002; Michael Vlaovich, 89002; Craig Fuller, 89002; Michele McFie, 89002; Bernie, Cynthia, and Natasha Bruno, 89002; Tu Halbleib, 89015; Kim Martin- Wood, 89002; Michael and Julie Allord, 89002; John Wood, 89002; Judith Jones, 89002; Alonzo Gomez, 89002; Rick Boyko, 89002; Kenneth Sissom, 89002; Star Stewart, 89002; J. Norris, 89002; Auil, Ajanta, and Sudha, Kalyauper (phonetic), 89002. Henderson City Council Regular Meeting Page 32 of 38 Tuesday, October 18, 2022 – Minutes Note: Some of the comments made under the public hearing portion of Item 36 referenced this item; therefore, for potential discussion related to this item, please refer to the discussion under Item 36 of the agenda. (Motion) Councilman Dan K. Shaw moved to approve the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Henderson and Doris G. Williams, Successor Trustee of the Boyer 1992 Irrevocable Trust, dated December 1992, for the City’s purchase of 7.89 acres, more or less, of real property located at the southeast corner of College Drive and Paradise Hills Drive, Henderson, Nevada, and identified by Clark County Assessor Parcel Number 179-32-702-001, for the purchase price of $2,700,000.00, plus closing costs, to be augmented from the Land Fund balance, and authorization for the City Manager/CEO, or his designee, to execute all necessary documents to complete the purchase. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: Councilwoman Michelle Romero. Those absent: (None). Those abstaining: (None). Result: Pass. XII. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE 39 BILL NO. 3667 AMENDING HENDERSON MUNICIPAL CODE SECTION 14.18.045 WEST HENDERSON PHASE 1 WATER BACKBONE INFRASTRUCTURE RATES CMTS NUMBER(S): N/A DEPARTMENT OF UTILITY SERVICES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 14.18.045 - WEST HENDERSON PHASE 1 WATER BACKBONE INFRASTRUCTURE RATES OF TITLE 14 - UTILITY SERVICES OF THE HENDERSON MUNICIPAL CODE. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Ordinance No. 3912 by title. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3667 as Ordinance No. 3912. Henderson City Council Regular Meeting Page 33 of 38 Tuesday, October 18, 2022 – Minutes (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. 40 BILL NO. 3668 ZCA-2007660007-A3 GREEN VALLEY BUSINESS PARK CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT ARCHITECTS ORANGE 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 32, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 3.7 ACRES LOCATED AT THE SOUTHWEST CORNER OF SUNSET WAY AND N. VALLE VERDE DRIVE, IN THE GREEN VALLEY NORTH PLANNING AREA, TO AMEND THE GREEN VALLEY BUSINESS PARK DEVELOPMENT STANDARDS TO ALLOW MANUFACTURING, WAREHOUSING AND DISTRIBUTION USES WITHIN AN OFFICE INDUSTRIAL DESIGNATION AND REVIEW ARCHITECTURE AND SITE DESIGN FOR TWO INDUSTRIAL BUILDINGS. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Ordinance No. 3913 by title. (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3668 as Ordinance No. 3913. (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 34 of 38 Tuesday, October 18, 2022 – Minutes 41 BILL NO. 3669 ZCA-2018000276-A13 INSPIRADA TOWN CENTER PARCEL 28 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT TRU DEVELOPMENT 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 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 7.5 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF VIA INSPIRADA AND VIA DA VINCI, IN THE WEST HENDERSON PLANNING AREA, FROM RM-16-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) TO RH-36-MP (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Ordinance No. 3914 by title. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3669 as Ordinance No. 3914. (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 35 of 38 Tuesday, October 18, 2022 – Minutes 42 BILL NO. 3670 ZCA-2022010931 PRIMROSE SCHOOL AT ARROYO GRANDE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT 814 SERVICES, 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 21, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, LOCATED AT 191 S. ARROYO GRANDE BOULEVARD, IN THE GREEN VALLEY RANCH PLANNING AREA, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Ordinance No. 3915 by title. (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3670 as Ordinance No. 3915. (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 36 of 38 Tuesday, October 18, 2022 – Minutes XIII. NEW BUSINESS 43 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS DIRECT LAND SALE OF 3.18 ACRES CNP 10 REAL ESTATE, LLC CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Purchase and Sale Agreement and Joint Escrow Instructions, between the City of Henderson, as seller, and CNP 10 Real Estate, LLC, a Missouri limited liability company, as buyer, for the direct land sale at less than appraised value of approximately 3.18 acres of vacant real property located at the southeast corner of St. Rose Parkway and Maryland Parkway, identified as a portion of Assessor's Parcel No. 177-35-302-047, for economic development purposes pursuant to NRS 268.063, in the amount of $1,500,000.00; authorize the Mayor, or her designee, to execute the deed and the City Manager/CEO, or his designee, to execute and deliver other documents contemplated to be delivered by the City thereunder. (Minutes/Discussion) Ed McGuire, Director of Public Works, presented a summary of the item and stated staff recommends approval. (Motion) Councilwoman Michelle Romero moved to approve the Purchase and Sale Agreement and Joint Escrow Instructions, between the City of Henderson, as seller, and CNP 10 Real Estate, LLC, a Missouri limited liability company, as buyer, for the direct land sale at less than appraised value of approximately 3.18 acres of vacant real property located at the southeast corner of St. Rose Parkway and Maryland Parkway, identified as a portion of Assessor's Parcel No. 177-35-302-047, for economic development purposes pursuant to NRS 268.063, in the amount of $1,500,000.00; authorize the Mayor, or her designee, to execute the deed and the City Manager/CEO, or his designee, to execute and deliver other documents contemplated to be delivered by the City thereunder. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Councilman Dan H. Stewart. Those voting nay: Councilman John F. Marz. Those absent: (None). Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 37 of 38 Tuesday, October 18, 2022 – Minutes XIV. MAYOR\COUNCILMEMBER COMMENTS (Minutes/Discussion) There were no Mayor/Councilmember comments presented. XV. SET MEETING (Minutes/Discussion) The City Council Special Meeting of November 1, 2022, will begin at 3:00 p.m., followed by the City Council Committee Meeting at 3:45 p.m., and the City Council Regular Meeting at 4:00 p.m. XVI. PUBLIC COMMENT (Minutes/Discussion) Dr. Bill Robinson, 89002, reiterated his concern for the traffic buildup along Nevada State Drive for his current neighbors if a road is not built and how the problem might exacerbate with all the forthcoming development in the area. Douglas DiJulio, 89002; and Cindy Olson, 89002, expressed their concern regarding changing the character of the Paradise Hills and Mission Hills areas if a road is eventually approved. Mayor Debra March encouraged Dr. Robinson and Mr. DiJulio to participate in the future meetings regarding how to address traffic and road access issues in the Paradise Hills area. She implored them to approach the meetings with an open-mind and willingness to hear the concerns of all parties involved. Donna Witteman, 89002, expressed her concerns with the amount of new traffic and the potential of tractor trailers utilizing the road if it was built along Paradise Hills Drive. Ed McGuire, Director of Public Works, said if a road was built in that area, it would most likely be noticed as a non-trucker route. Henderson City Council Regular Meeting Page 38 of 38 Tuesday, October 18, 2022 – Minutes XVII. ADJOURNMENT (Minutes/Discussion) There being no further business to come before the Council, Mayor March, in concurrence with the Council, adjourned the Committee Meeting at 7:22 p.m. PASSED AND APPROVED THIS 1ST DAY OF NOVEMBER, 2022. ______________________ Debra March Mayor ATTEST: _____________________ Jose Luis Valdez, CMC City Clerk