City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, November 1, 2022 I. CALL TO ORDER (Minutes/Discussion) Mayor Pro Tem Dan H. Stewart called the Special Meeting to order at 4:00 p.m., in the City Council Chambers, City Hall, 240 South Water Street, Henderson, Nevada 89015. Mayor Pro Tem Stewart 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 Pro Tem Stewart 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: Dan H. Stewart, Mayor Pro Tem John F. Marz, Councilman Michelle Romero, Councilwoman Dan K. Shaw, Councilman Absent: Debra March, Mayor Staff Present: Richard Derrick, City Manager/CEO Jose Luis Valdez, City Clerk Nicholas Vaskov, City Attorney Jim McIntosh, Assistant City Manager/CFO Ed McGuire, Director of Public Works Lisa Corrado, Community Development and Services Director Janet Sandifer, Deputy City Clerk Henderson City Council Regular Meeting Page 2 of 43 Tuesday, November 1, 2022 – Minutes IV. INVOCATION AND PLEDGE OF ALLEGIANCE (Minutes/Discussion) The invocation was given by Ed McGuire, Director of Public Works, and was followed by the Pledge of Allegiance. V. PUBLIC COMMENT (Minutes/Discussion) There were no public comments presented. VI. ACCEPTANCE OF AGENDA (For Possible Action) (Motion) Councilman Dan K. Shaw moved to accept the agenda, as amended: (Minutes/Discussion) Item 24 was continued to the City Council Regular Meeting of November 15, 2022, at the request of the applicant. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. VII. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS 1 PRESENTATION 2022 HEART OF THE CITY AWARD CMTS NUMBER(S): N/A PARKS AND RECREATION DEPARTMENT Presentation of the 2022 Heart of the City Award to Joe and Tracey Robbins for exceptional acts of kindness that have enriched the lives of those who live, learn, work, and play in the City of Henderson. Henderson City Council Regular Meeting Page 3 of 43 Tuesday, November 1, 2022 – Minutes (Minutes/Discussion) Richard Derrick, City Manager/CEO, stated Joe and Tracey Robbins were selected as this year’s City of Henderson Heart of the City Award recipients. He said The Robbins Family founded the Quinton Robbins Play-It-Forward Foundation in honor of Quinton Robbins who was the second youngest fatal victim of the 1 October tragedy. He said Play-It-Forward funds scholarships and youth sports at the schools Quinton attended, Brown Junior High and Basic High School. He said Quinton was also a City of Henderson Parks and Recreation employee, and said Kendal Kerbrat and Taylor Ray, from that department, will give a presentation for the Heart of the City award. Following the PowerPoint presentation, the Mayor Pro Tem and the Councilmembers were invited to the gallery for a photo opportunity. 2 PROCLAMATION NATIONAL FAMILY LITERACY DAY CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Proclamation declaring November 1, 2022, as National Family Literacy Day to promote the value of literacy and give families the freedom to encourage the love of literacy in their own homes. (Minutes/Discussion) Richard Derrick, City Manager/CEO, stated since 1994, November 1st has been celebrated as National Family Literacy Day across the nation to highlight the importance of family reading and learning programs. He said studies conducted by the U.S. Department of Education conclude that as many as one in seven adults cannot read at levels necessary to succeed in today’s society; however, one group working to provide educational assistance for both children and adults in low literacy families is the Daughters of the American Revolution, who donate books and volunteer hours to support literacy programs. Mr. Derrick invited Christine Howard and Margaret Hendrickson, with the Daughters of the American Revolution Henderson Chapter, to the dais to accept the proclamation declaring November 1st as National Family Literacy Day in Henderson, which was followed by a photo opportunity with the Mayor Pro Tem and Council. Henderson City Council Regular Meeting Page 4 of 43 Tuesday, November 1, 2022 – Minutes 3 PROCLAMATION BE KIND MONTH CMTS NUMBER(S): N/A PARKS AND RECREATION DEPARTMENT Proclamation declaring the month of November as Be Kind Month to encourage citizens to spread the message of kindness and the value of kind acts. (Minutes/Discussion) Richard Derrick, City Manager/CEO, stated The City of Henderson’s Be Kind initiative was launched by the Parks and Recreation Department in 2014 to spread the message of kindness and the value of incorporating kind acts into one’s daily life. Mr. Derrick said the Mayor Pro Tem and City Council wish to proclaim the month of November 2022 as Be Kind Month to celebrate and encourage random acts of kindness by Henderson residents. He invited Angela Summers, Assistant Director of Parks and Recreation, to the dais to accept the proclamation on behalf of the Be Kind Committee, which was followed by a photo opportunity with the Mayor Pro Tem and Council. VIII. CITY MANAGER'S REPORT 4 CITY MANAGER'S REPORT CMTS NUMBER(S): N/A CITY MANAGER'S OFFICE The City Manager's Report cannot be acted upon or discussed at this meeting, but may be referred by Council to the next regular meeting for consideration. (Minutes/Discussion) Richard Derrick, City Manager/CEO, stated Lisa Corrado, Director of Community Development and Services, received the Distinguished Leadership Professional Planner Award from the Nevada Chapter of the American Planning Association. He said the award honors Ms. Corrado’s sustained contribution to the planning profession through distinguished practice and was presented during the annual State Planning Conference on October 19th. Mr. Derrick congratulated Ms. Corrado for this well-deserved recognition. Mr. Derrick announced the Code Enforcement Division of the Community Development and Services Department was awarded the 2022 Innovative Code Program Award by the American Association of Code Enforcement for the Park Rule Program. He said the program was a collaborative effort with the Parks and Recreation Department, Henderson Police Department, and Neighborhood Services to ensure safety and usability in our parks. Henderson City Council Regular Meeting Page 5 of 43 Tuesday, November 1, 2022 – Minutes He said the interdepartmental team found creative solutions to address resident and City Council concerns that included homeless encampments, frequent vandalism, destruction of property, and other safety and nuisance activities. Mr. Derrick thanked the team for their hard work on this innovative Park Rule Program that has led to creating such positive change in the Henderson community. Mr. Derrick said Henderson’s newest sports team, the NBA G-League Ignite, has an important reminder to “Shock the Vote” this election season and make your voice count by participating in early voting or by voting on election day, which is November 8th. He said registered voters can now cast a ballot at Henderson City Hall. IX. CONSENT AGENDA 5 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS OCTOBER 18, 2022 CMTS NUMBER(S): N/A CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of October 18, 2022. (Motion) Councilman Dan K. Shaw moved to approve the City Council Committee and Regular Meeting minutes of October 18, 2022. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 6 of 43 Tuesday, November 1, 2022 – Minutes 6 AGREEMENT MENTAL RESILIENCE PROGRAM VITANYA NEVADA I, LLC FUNDING SOURCE: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS PROGRAM (SLFRF) GRANT, GENERAL FUND CMTS NUMBER(S): 26598 CITY MANAGER'S OFFICE Agreement between the City of Henderson and Vitanya Nevada I, LLC, for mental resilience services in a not-to-exceed amount of $104,166.60 annually during the initial term and during the extension term with an option to extend the term one three-year period. (Motion) Councilman Dan K. Shaw moved to approve agreement between the City of Henderson and Vitanya Nevada I, LLC, for mental resilience services in a not- to-exceed amount of $104,166.60 annually during the initial term and during the extension term with an option to extend the term one three-year period. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 7 ANNEXATION PETITION MULLEN AVENUE AND FAIRFIELD AVENUE – 5.02 ACRES ULEPIC FAMILY TRUST, ET AL. CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Petition by Ulepic Family Trust, et al. for annexation of approximately 5.02 acres of real property generally located at the northwest corner of Mullen Avenue and Fairfield Avenue in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-010. (Motion) Councilman Dan K. Shaw moved to Accept the petition by Ulepic Family Trust, et al. for annexation of approximately 5.02 acres of real property generally located at the northwest corner of Mullen Avenue and Fairfield Avenue in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-010. Henderson City Council Regular Meeting Page 7 of 43 Tuesday, November 1, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 8 EQUIPMENT PURCHASE TURF CONVERSION PROJECT EQUIPMENT CASHMAN EQUIPMENT COMPANY FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT PARKS AND RECREATION DEPARTMENT Purchase of two (2) Caterpillar Loaders, one (1) Caterpillar Excavator, and two (2) Interstate trailers, utilizing the accepted and awarded pricing for Sourcewell Contract #032119-CAT for Heavy Construction Equipment with Related Accessories, Attachments and Supplies, and BuyBoard Cooperative Contract #599-19 for Refuse Bodies, Trailers, and Other Bodies, in the amount of $197,711.30; and authorize the Director of Public Works, or his designee, to approve change orders totaling no more than $10,000.00 over the purchase order amount for a total authorized amount of $207,711.30. (Motion) Councilman Dan K. Shaw moved to approve the purchase of two (2) Caterpillar Loaders, one (1) Caterpillar Excavator, and two (2) Interstate trailers, utilizing the accepted and awarded pricing for Sourcewell Contract #032119-CAT for Heavy Construction Equipment with Related Accessories, Attachments and Supplies, and BuyBoard Cooperative Contract #599-19 for Refuse Bodies, Trailers, and Other Bodies, in the amount of $197,711.30; and authorize the Director of Public Works, or his designee, to approve change orders totaling no more than $10,000.00 over the purchase order amount for a total authorized amount of $207,711.30. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 8 of 43 Tuesday, November 1, 2022 – Minutes 9 AWARD CONSTRUCTION CONTRACT CG&B ENTERPRISES, INC. SUNSET ROAD / SUNSET WAY DROP INLET FUNDING SOURCE: GAS TAX CMTS NUMBER(S): 26586 PUBLIC WORKS DEPARTMENT Award Construction Contract No. 26586, Sunset Road / Sunset Way Drop Inlet Project to CG&B Enterprises, Inc., in the amount of $187,500.00; approve the project budget in the amount of $221,500.00; authorize the City Manager, 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. (Motion) Councilman Dan K. Shaw moved to award Construction Contract No. 26586, Sunset Road / Sunset Way Drop Inlet Project to CG&B Enterprises, Inc., in the amount of $187,500.00; approve the project budget in the amount of $221,500.00; authorize the City Manager, 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: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 10 AWARD INVITATION FOR BIDS (IFB) 117-23 FURNISH AND DELIVER SERVICE BODY TRUCKS LOS ANGELES TRUCK CENTERS, LLC, DBA VELOCITY TRUCK CENTER FUNDING SOURCE: CITY SHOP CAPITAL CMTS NUMBER(S): 26793 PUBLIC WORKS DEPARTMENT Award Invitation for Bids (IFB) 117-23 Furnish and Deliver Service Body Trucks, to Los Angeles Truck Centers, LLC, dba Velocity Truck Center on an as-needed basis for $283,767.00 per vehicle for Design A, and for $255,500.00 per vehicle for Design B, through October 31, 2025, with two additional one-year extensions at the option of the City; approve the contract between the City of Henderson and Los Angeles Truck Centers, LLC, dba Velocity Truck Center; and approve the furnishing and delivery of four (4) unused, undamaged 26,000 lbs. GVWR service body truck, model 2022 or newer, in the amount of $1,078,534.00 for fiscal year 2023 pursuant to the terms of the contract. Henderson City Council Regular Meeting Page 9 of 43 Tuesday, November 1, 2022 – Minutes (Motion) Councilman Dan K. Shaw moved to award Invitation for Bids (IFB) 117-23 Furnish and Deliver Service Body Trucks, to Los Angeles Truck Centers, LLC, dba Velocity Truck Center on an as-needed basis for $283,767.00 per vehicle for Design A, and for $255,500.00 per vehicle for Design B, through October 31, 2025, with two additional one-year extensions at the option of the City; approve the contract between the City of Henderson and Los Angeles Truck Centers, LLC, dba Velocity Truck Center; and approve the furnishing and delivery of four (4) unused, undamaged 26,000 lbs. GVWR service body truck, model 2022 or newer, in the amount of $1,078,534.00 for fiscal year 2023 pursuant to the terms of the contract. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 11 OFFICE FURNITURE PURCHASE AND INSTALLATION KURT R. SEGLER WATER RECLAMATION FACILITY PHASE 4 IMPROVEMENTS HENRIKSEN BUTLER NEVADA, LLC FUNDING SOURCE: SEWER FUNDS CMTS NUMBER(S): N/A DEPARTMENT OF UTILITY SERVICES Purchase of office furniture in the amount of $109,761.48, using the pricing in Contract #2020000622 between Herman Miller, Inc. and the City of Charlotte, North Carolina, as amended, and the terms in the City’s General Terms and Conditions – Purchase Order; and issuance of a purchase order to Henriksen Butler Nevada, LLC, Herman Miller, Inc.’s local distributor (Motion) Councilman Dan K. Shaw moved to approve the purchase of office furniture in the amount of $109,761.48, using the pricing in Contract #2020000622 between Herman Miller, Inc. and the City of Charlotte, North Carolina, as amended, and the terms in the City’s General Terms and Conditions – Purchase Order; and issuance of a purchase order to Henriksen Butler Nevada, LLC, Herman Miller, Inc.’s local distributor (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 10 of 43 Tuesday, November 1, 2022 – Minutes 12 AGREEMENT RESERVOIR REHABILITATION & SURGE TANK ASSESSMENT PROGRAM HDR ENGINEERING, INC. FUNDING SOURCE: WATER FUNDS CMTS NUMBER(S): 26775 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and HDR Engineering, Inc., for engineering services for the Reservoir Rehabilitation and Surge Tank Assessment Program, in a not-to-exceed amount of $1,500,917.00, with a term ending July 30, 2028. (Motion) Councilman Dan K. Shaw moved to ratify the agreement between the City of Henderson and HDR Engineering, Inc., for engineering services for the Reservoir Rehabilitation and Surge Tank Assessment Program, in a not-to- exceed amount of $1,500,917.00, with a term ending July 30, 2028. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 13 AGREEMENT AMENDMENT #2 LAKE LAS VEGAS POTABLE CONNECTION JACOBS ENGINEERING GROUP, INC. FUNDING SOURCE: WATER FUNDS CMTS NUMBER(S): 26072 DEPARTMENT OF UTILITY SERVICES Amendment #2 to the agreement between the City of Henderson and Jacobs Engineering Group, Inc., for engineering services to prepare contract documents for the Lake Las Vegas Potable Connection project, to expand the scope of services and increase fees for all services to a not-to-exceed amount of $442,592.00, an increase of $60,000.00. (Motion) Councilman Dan K. Shaw moved to approve amendment #2 to the agreement between the City of Henderson and Jacobs Engineering Group, Inc., for engineering services to prepare contract documents for the Lake Las Vegas Potable Connection project, to expand the scope of services and increase fees for all services to a not-to-exceed amount of $442,592.00, an increase of $60,000.00. Henderson City Council Regular Meeting Page 11 of 43 Tuesday, November 1, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 14 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY B, CLASS I REZAN MOTORS LLC CMTS NUMBER(S): N/A REZAN MOTORS LLC Application for the Secondhand Dealer, Category B, Class I business license for Rezan Motors LLC, 2450 St. Rose Parkway, Suite 120, Henderson, Nevada 89074. (Motion) Councilman Dan K. Shaw moved to approve the application for the Secondhand Dealer, Category B, Class I business license for Rezan Motors LLC, 2450 St. Rose Parkway, Suite 120, Henderson, Nevada 89074, pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 15 BUSINESS LICENSE NONRESTRICTED GAMING NEVADA DISSEMINATOR SERVICE, INC. CMTS NUMBER(S): N/A NEVADA DISSEMINATOR SERVICE, INC. Application for the Nonrestricted Gaming business license for Nevada Disseminator Service, Inc., 4075 Volunteer Boulevard, Henderson, Nevada 89044. (Motion) Councilman Dan K. Shaw moved to approve the application for the Nonrestricted Gaming business license for Nevada Disseminator Service, Inc., 4075 Volunteer Boulevard, Henderson, Nevada 89044, pending verification of required departmental approvals. Henderson City Council Regular Meeting Page 12 of 43 Tuesday, November 1, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 16 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE WINE AND CANVAS LV CMTS NUMBER(S): N/A JMS ARTISTRY, LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for JMS Artistry, LLC, dba Wine and Canvas LV, 730 West Sunset Road, Henderson, Nevada 89011. (Motion) Councilman Dan K. Shaw moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for JMS Artistry, LLC, dba Wine and Canvas LV, 730 West Sunset Road, Henderson, Nevada 89011, pending verification of required departmental approvals. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 17 BUSINESS LICENSE FULL LIQUOR OFF-SALE MARIANAS SUPERMARKET#VI CMTS NUMBER(S): N/A ANAYA SUNSET INC. Application for the Full Liquor Off-Sale business license for Anaya Sunset Inc., dba Marianas Supermarket#VI, 1431 West Sunset Road, Henderson, Nevada 89014. (Motion) Councilman Dan K. Shaw moved to approve the application for the Full Liquor Off-Sale business license for Anaya Sunset Inc., dba Marianas Supermarket#VI, 1431 West Sunset Road, Henderson, Nevada 89014, pending verification of required departmental approvals. Henderson City Council Regular Meeting Page 13 of 43 Tuesday, November 1, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 18 VAC-2022011074 - VACATION CADENCE NEIGHBORHOOD 3, PARCELS J3, J5 (SERENATA) PHASE 2 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: WOODSIDE HOMES OF NEVADA, LLC Petition to vacate a non-exclusive utility easement, generally located at the west end of Summer Rhapsody Avenue in the Eastside Redevelopment and Cadence Planning Areas. (Motion) Councilman Dan K. Shaw moved to approve VAC-2022011074, subject to a finding of fact and a condition. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 19 VAC-2022011077 - VACATION CADENCE NEIGHBORHOOD 2 PARCEL 1-E2 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: THE LANDWELL COMPANY, L.P. Petition to vacate a public drainage easement, generally located southwest of East Lake Mead Parkway and Olsen Street in the Eastside Redevelopment and Cadence Planning Areas. (Motion) Councilman Dan K. Shaw moved to approve VAC-2022011077, subject to a finding of fact and conditions. Henderson City Council Regular Meeting Page 14 of 43 Tuesday, November 1, 2022 – Minutes (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 20 VAC-2022011079 - VACATION CADENCE NEIGHBORHOOD 2 PARCEL 1-2 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: THE LANDWELL COMPANY, L.P. Petition to vacate a portion of flood right-of-way, generally located 800 feet southwest of the intersection of East Lake Mead Parkway and Olsen Street, in the Eastside Redevelopment and Cadence Planning Areas. (Motion) Councilman Dan K. Shaw moved to approve VAC-2022011079, subject to a finding of fact and conditions. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 21 VAC-2022011127 - VACATION FOUNDERS VILLAGE UNIT 2 AT BLACK MOUNTAIN RANCH CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: GREYSTONE NEVADA Petition to vacate a portion of public right-of-way (East Fairway Road), generally located at East Fairway Road and Greenway Road in the Black Mountain Planning Area. Henderson City Council Regular Meeting Page 15 of 43 Tuesday, November 1, 2022 – Minutes (Motion) Councilman Dan K. Shaw moved to approve VAC-2022011127, subject to a finding of fact and conditions. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 22 VAC-2022011148 - VACATION STORAGE AT ST. ROSE AND AMIGO CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: ZENITH ENGINEERING Petition to vacate a portion of a drainage easement, generally located at the southeast corner of Amigo Street and East Levi Avenue in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2022011148, subject to a finding of fact and conditions. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 16 of 43 Tuesday, November 1, 2022 – Minutes 23 VAC-2022011128 - VACATION CADENCE NEIGHBORHOOD 5 VILLAGE R LOT 5R2-1A CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: GREYSTONE NEVADA Petition to vacate a portion of a public access easement and a municipal utility easement, generally located northeast of Cadence View Way and Magpie Avenue in the Eastside Redevelopment and Cadence Planning Areas. (Motion) Councilman Dan K. Shaw moved to approve VAC-2022011128, subject to a finding of fact and a condition. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. X. PUBLIC HEARINGS 24 PUBLIC HEARING A) CUP-2019002333-A2 - CONDITIONAL USE PERMIT AMENDMENT B) CUP-2019002362-A2 - CONDITIONAL USE PERMIT AMENDMENT NEVADA MADE MARIJUANA DISPENSARY CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: NEVADA MADE MARIJUANA A) Amend a Conditional Use Permit for a Marijuana Establishment – Medical Dispensary to include a pick-up window; and B) Amend a Conditional Use Permit for a Marijuana Establishment – Retail Dispensary to include a pick-up window; both located at 1675 E. Cactus Avenue, in the Westgate Planning Area. (Minutes/Discussion) Note: This item was continued to the City Council Regular Meeting of November 15, 2022, at the request of the applicant. Henderson City Council Regular Meeting Page 17 of 43 Tuesday, November 1, 2022 – Minutes 25 PUBLIC HEARING A) CPA-2022010925 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2011500286-A16 - ZONE CHANGE AMENDMENT C) TMA-2022010928 - TENTATIVE MAP RAINBOW CANYON AT LAKE LAS VEGAS - PARCEL N-1 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: RAINTREE INVESTMENT CORPORATION, LLC A) Amend the Comprehensive Plan land use category from MDR (Medium- Density Residential) and PS (Public/Semipublic) to LDR (Low-Density Residential) on 19.9 acres, and from MDR (Medium-Density Residential) to PS (Public/Semipublic) on 1.2 acres; B) Amend a zone change/master plan (Rainbow Canyon) to rezone from RM- 16-G-MP-H (Medium-Density Residential with Gaming Enterprise, Master Plan and Hillside Overlays) and PS-G-MP-H (Public/Semipublic with Gaming Enterprise, Master Plan and Hillside Overlays) to RS-6-G-MP-H (Low-Density Residential with Gaming Enterprise, Master Plan and Hillside Overlays) on 19.9 acres, and from RM-16-G-MP-H (Medium-Density Residential with Gaming Enterprise, Master Plan and Hillside Overlays) to PS-G-MP-H (Public/Semipublic with Gaming Enterprise, Master Plan and Hillside Overlays) on 1.2 acres; and C) A 73-lot (65 single family, 8 common) residential subdivision; on 19.9 acres, generally located at the north end of Lake Las Vegas Parkway, in the Lake Las Vegas Planning Area. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. John Marchiano, 89014, representing the applicant, stated he concurred with staff’s recommendation and conditions of approval. Mayor Pro Tem Dan H. Stewart 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. (Motion) Councilman John F. Marz moved to approve CPA-2022010925, ZCA-2011500286-A16, and TMA-2022010928, subject to findings of fact, conditions, and waivers. Henderson City Council Regular Meeting Page 18 of 43 Tuesday, November 1, 2022 – Minutes (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 26 ACCOMPANYING RESOLUTION FOR ITEM 25 CPA-2022010925 RAINBOW CANYON AT LAKE LAS VEGAS - PARCEL N-1 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: RAINTREE INVESTMENT CORPORATION, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PORTION OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE NORTH END OF LAKE LAS VEGAS PARKWAY, IN THE LAKE LAS VEGAS PLANNING AREA, FROM MDR (MEDIUM-DENSITY RESIDENTIAL) AND PS (PUBLIC/SEMIPUBLIC) TO LDR (LOW-DENSITY RESIDENTIAL) ON 19.9 ACRES, AND FROM MDR (MEDIUM-DENSITY RESIDENTIAL) TO PS (PUBLIC/SEMIPUBLIC) ON 1.2 ACRES. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4501 by title. (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4501. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 19 of 43 Tuesday, November 1, 2022 – Minutes 27 PUBLIC HEARING A) CPA-2022010922 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2022010923 - ZONE CHANGE C) WOS-2021008021-A1 - WAIVER OF STANDARDS D) DRA-2022010924 - DESIGN REVIEW ATLAS INDUSTRIAL PARK CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: ATLAS INDUSTRIAL PARK, LLC A) Amend the Comprehensive Plan land use category from COM (Commercial) to BI (Business Industrial); B) Rezone from CC (Community Commercial) to IP (Industrial Park); C) Waiver Amendment from Development Code standards to reduce the landscape buffer along east frontage from 23 feet to zero feet; and D) Review of architecture and site design for a warehouse facility; on 10.3 acres generally located west of Interstate 11 and Railroad Pass Casino Road (12455 S. US Highway 95). (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. Tom Amick, 89135, representing the applicant, displayed site exhibits and stated he concurred with staff’s recommendation and conditions of approval. Mayor Pro Tem Dan H. Stewart 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. (Motion) Councilwoman Michelle Romero moved to approve CPA-2022010922, ZCA-2022010923, WOS-2021008021-A1, and DRA-2022010924, subject to findings of fact and conditions. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 20 of 43 Tuesday, November 1, 2022 – Minutes 28 ACCOMPANYING RESOLUTION FOR ITEM 27 CPA-2022010922 ATLAS INDUSTRIAL PARK CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: ATLAS INDUSTRIAL PARK, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 10.3 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 11, TOWNSHIP 23 SOUTH, RANGE 63 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED WEST OF INTERSTATE 11 AND RAILROAD PASS CASINO ROAD (12455 S. US HIGHWAY 95), FROM COM (COMMERCIAL) TO BI (BUSINESS INDUSTRIAL). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4502 by title. (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4502. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 21 of 43 Tuesday, November 1, 2022 – Minutes 29 PUBLIC HEARING A) CPA-2022011117 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2022011118 - ZONE CHANGE C) DRA-2022011119 - DESIGN REVIEW VOLUNTEER & GILESPIE MULTI-FAMILY CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: THE ARDOUR COMPANY, LLC A) Amend the Comprehensive Plan Land Use category from COM (Commercial) to NT4 (Neighborhood Type 4); B) Rezone from CC (Community Commercial) to RH-36 (High-Density Residential); and C) Review of architecture and site design for a 225-unit multifamily residential development; on 10.4 acres, located at the southeast corner of Volunteer Boulevard and Gilespie Street in the West Henderson Planning Area. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. Tom Amick, 89135, present with John Marchiano, 89015, representing the applicant, displayed site exhibits, provided a summary of the project, and stated he concurred with staff’s recommendation and conditions of approval. Mayor Pro Tem Dan H. Stewart opened the public hearing and asked if there were any comments from the public related to this item. Velda Gallegra, 89044; Mark Reyes, 89044; and Joy Astorino, 89044; expressed opposition regarding the proposed item and stated some of the following concerns:  Noise, traffic, and crime will increase; privacy and home values will decrease  The area was zoned for commercial use and should remain as such since it lacks commercial infrastructure  The homeowners were promised retail shops, similar to The District, when they purchased their homes  Other projects in the surrounding area have been approved, which will cause even more density issues in the area that has overcrowded schools; therefore, the entire area should be evaluated and not on a project-by-project basis Giselle Leyva, 89044, provided an opposition comment card; however, she did not wish to speak. Henderson City Council Regular Meeting Page 22 of 43 Tuesday, November 1, 2022 – Minutes Mayor Pro Tem Stewart requested Tim Philebar, 89015, hold his comment until the second Public Comment section of the agenda because it is not related to an item on the agenda. There being no one else wishing to speak, the public hearing was closed. Mr. Amick responded to the concerns that were raised during the public hearing section of the meeting. Mr. Marchiano displayed additional site exhibits to reflect the elevation between the neighborhood and the proposed project. He stated Michael Moriarty, the developer, wishes to be a good neighbor and would be willing to meet with the homeowners to strategically place landscaping in areas of their choosing. Responding to an inquiry from Councilwoman Michelle Romero regarding the percentages of planned and existing retail and apartments in the area, Ms. Corrado stated that information is not readily available; however, it could certainly be provided by staff. Following an inquiry from Councilwoman Romero regarding the rent costs for the proposed project, Mr. Amick stated it ranges from $2,100.00 to $2,300.00 per month. Councilman Dan K. Shaw stated the activity that will occur as a residential use is less impactful to the surrounding neighbors than any retail shops that would be on the property. He also said retail and taverns have setback requirements that would put the facilities closer to the existing homes. (Motion) Councilman Dan K. Shaw moved to approve CPA-2022011117, ZCA-2022011118, and DRA-2022011119, subject to findings of fact and conditions. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 23 of 43 Tuesday, November 1, 2022 – Minutes 30 ACCOMPANYING RESOLUTION FOR ITEM 29 CPA-2022011117 VOLUNTEER & GILESPIE MULTI-FAMILY CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: THE ARDOUR COMPANY, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 10.4 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF VOLUNTEER BOULEVARD AND GILESPIE STREET IN THE WEST HENDERSON PLANNING AREA, FROM COM (COMMERCIAL) TO NT4 (NEIGHBORHOOD TYPE 4). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4503 by title. (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4503. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 24 of 43 Tuesday, November 1, 2022 – Minutes 31 PUBLIC HEARING A) CPA-2022011145 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2022011147 - ZONE CHANGE BOULEVARD SOUTH CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: BOULEVARD SOUTH LAND COMPANY, LLC A) Amend the Comprehensive Plan Land Use category from NT3 (Neighborhood Type 3) to NT4 (Neighborhood Type 4) on 4.6 acres; and B) Apply City of Henderson RH-36 (High-Density Residential) zoning designation to property with no established zoning on 16.6 acres; generally located at the northeast corner of South Las Vegas Boulevard and District Avenue, in the West Henderson Planning Area. (Minutes/Discussion) Mayor Pro Tem Dan H. Stewart read the following abstention statement: “Item 31 is an application for a Comprehensive Plan Amendment and Zone Change for property owned by Boulevard South Land Company, LLC. Item 32 is the accompanying resolution for the Plan Amendment and Zone Change. I need to disclose that my nephew, John Stewart, is a principal with Boulevard South Land Company. This a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on these matters. Accordingly, I will abstain from deliberation and voting on items 31 and 32 and will turn the meeting over to Councilman Marz.” Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. John Marchiano, 89014, representing the applicant, was present with John Stewart, the applicant. Mr. Marchiano stated he concurred with staff’s recommendation and conditions of approval. Acting Mayor Pro Tem John F. Marz 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. (Motion) Councilman Dan K. Shaw moved to approve CPA-2022011145 and ZCA-2022011147, subject to findings of facts and conditions. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. Henderson City Council Regular Meeting Page 25 of 43 Tuesday, November 1, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: Mayor Pro Tem Dan H. Stewart. Result: Pass. 32 ACCOMPANYING RESOLUTION FOR ITEM 31 CPA-2022011145 BOULEVARD SOUTH CMTS NUMBER(S): N/A CITY OF HENDERSON APPLICANT: BOULEVARD SOUTH LAND COMPANY, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 4.6 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 17, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE NORTHEAST CORNER OF S. LAS VEGAS BOULEVARD AND DISTRICT AVENUE, IN THE WEST HENDERSON PLANNING AREA, FROM NT3 (NEIGHBORHOOD TYPE 3) TO NT4 (NEIGHBORHOOD TYPE 4). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4504 by title. Under Item 31, Mayor Pro Tem Dan H. Stewart read the following abstention statement: “Item 31 is an application for a Comprehensive Plan Amendment and Zone Change for property owned by Boulevard South Land Company, LLC. Item 32 is the accompanying resolution for the Plan Amendment and Zone Change. I need to disclose that my nephew, John Stewart, is a principal with Boulevard South Land Company. This a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on these matters. Accordingly, I will abstain from deliberation and voting on items 31 and 32 and will turn the meeting over to Councilman Marz.” (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4504. Henderson City Council Regular Meeting Page 26 of 43 Tuesday, November 1, 2022 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: Mayor Pro Tem Dan H. Stewart. Result: Pass. 33 PUBLIC HEARING A) CPA-2022011155 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2022011156 - ZONE CHANGE C) VAA-2022011269 - VARIANCE D) DRA-2022011157 - DESIGN REVIEW SUNSET GIBSON INDUSTRIAL CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: MTKK HENDERSON, LLC A) Amend the Comprehensive Plan Land Use category from COM (Commercial) to BI (Business Industrial); B) Rezone from CC-RD (Community Commercial with Redevelopment Overlay) to IG-RD (General Industrial with Redevelopment Overlay); C) Eliminate the tree requirement within the perimeter landscape buffer along Gibson Road and Old Gibson Road; and D) Review of architecture and site design for an industrial project; on 6.8 acres located on the northwest corner of North Gibson Road and Old Gibson Road, in the Eastside Redevelopment and Midway Planning Areas. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. Tom Amick, 89135, representing the applicant, displayed site exhibits and stated he concurred with staff’s recommendation and conditions of approval. Mayor Pro Tem Dan H. Stewart 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. (Motion) Councilwoman Michelle Romero moved to approve CPA-2022011155, ZCA-2022011156, VAA-2022011269, and DRA-2022011157, subject to findings of fact and conditions. Henderson City Council Regular Meeting Page 27 of 43 Tuesday, November 1, 2022 – Minutes (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 34 ACCOMPANYING RESOLUTION FOR ITEM 33 CPA-2022011155 SUNSET GIBSON INDUSTRIAL CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: MTKK HENDERSON, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 6.8 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 3, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED ON THE NORTHWEST CORNER OF N. GIBSON ROAD AND OLD GIBSON ROAD, IN THE EASTSIDE REDEVELOPMENT AND MIDWAY PLANNING AREAS, FROM COM (COMMERCIAL) TO BI (BUSINESS INDUSTRIAL). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4505 by title. (Motion) Councilwoman Michelle Romero moved to adopt Resolution No. 4505. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 28 of 43 Tuesday, November 1, 2022 – Minutes 35 PUBLIC HEARING A) CPA-2022010975 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2022010976 - ZONE CHANGE WHITNEY MESA CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: CITY OF HENDERSON A) Amend the Comprehensive Plan land use category from PS (Public/Semipublic) and COM (Commercial) to BI (Business Industrial) on 4.8 acres and from PS (Public/Semipublic) and COM (Commercial) to PS (Public/Semipublic) on 19.3 acres; and B) Rezone from RS-1-AE-H (Low-Density Residential with Airport Environs and Hillside Overlays) and PS-AE-H (Public/Semipublic with Airport Environs and Hillside Overlays) to IP-AE-H (Industrial Park with Airport Environs and Hillside Overlays) on 4.8 acres, and from RS-1-AE-H (Low-Density Residential with Airport Environs and Hillside Overlays) to PS-AE-H (Public/Semipublic with Airport Environs and Hillside Overlays) on 19.3 acres, making minor adjustments to the comprehensive plan land use and zone boundaries that total 0.9 acres; generally located northwest of Buffalo Trail Drive (stub) and east of Whitney Mesa Drive (between Whitney Mesa Drive and Galleria Drive, approximately 750 feet west of the Whitney Ranch Recreation Center) in the Whitney Ranch Planning Area. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. Mayor Pro Tem Dan H. Stewart opened the public hearing and asked if there were any comments from the public related to this item. Joseph Esposito, 89014, stated he is confused regarding the proposed item and requested clarification. A discussion ensued regarding the proposed item. Ms. Corrado stated Andrew Roether, Current Planning Manager, is present and available to provide visual aids of the proposed item and will answer any additional questions Mr. Esposito may have. There being no one else wishing to speak, the public hearing was closed. (Motion) Councilman Dan K. Shaw moved to approve CPA-2022010975 and ZCA-2022010976, subject to findings of fact and conditions. Henderson City Council Regular Meeting Page 29 of 43 Tuesday, November 1, 2022 – Minutes (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. 36 ACCOMPANYING RESOLUTION FOR ITEM 35 CPA-2022010975 WHITNEY MESA CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: CITY OF HENDERSON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PORTION OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTHWEST OF BUFFALO TRAIL DRIVE (STUB) AND EAST OF WHITNEY MESA DRIVE (BETWEEN WHITNEY MESA DRIVE AND GALLERIA DRIVE, APPROXIMATELY 750 FEET WEST OF THE WHITNEY RANCH RECREATION CENTER) IN THE WHITNEY RANCH PLANNING AREA, FROM PS (PUBLIC/SEMIPUBLIC) AND COM (COMMERCIAL) TO BI (BUSINESS INDUSTRIAL) ON 4.8 ACRES AND FROM PS (PUBLIC/SEMIPUBLIC) AND COM (COMMERCIAL) TO PS (PUBLIC/SEMIPUBLIC) ON 19.3 ACRES. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4506 by title. (Motion) Councilman Dan K. Shaw moved to adopt Resolution No.4506. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 30 of 43 Tuesday, November 1, 2022 – Minutes 37 PUBLIC HEARING A) CPA-2022011216 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2022011217 - ZONE CHANGE AMENDMENT AMERICAN PACIFIC REZONE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: CITY OF HENDERSON A) Amend the Comprehensive Plan Land Use category from PS (Public/Semipublic) to HDR (High-Density Residential); and B) Rezone from PS-MP-RD (Public/Semipublic with Master Plan and Redevelopment Overlays) to RH-24-MP-RD (High-Density Residential with Master Plan and Redevelopment Overlays); on 4.2 acres located at 1675 American Pacific Drive, at the southeast corner of Arroyo Grande Boulevard and American Pacific Drive, in the Gibson Springs Planning Area. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated both staff and the Planning Commission recommend approval. Mayor Pro Tem Dan H. Stewart 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. (Motion) Councilwoman Michelle Romero moved to approve CPA-2022011216 and ZCA-2022011217, subject to findings of fact and conditions. (Minutes/Discussion) Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 31 of 43 Tuesday, November 1, 2022 – Minutes 38 ACCOMPANYING RESOLUTION FOR ITEM 37 CPA-2022011216 AMERICAN PACIFIC REZONE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: CITY OF HENDERSON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 4.2 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT 1675 AMERICAN PACIFIC DRIVE, AT THE SOUTHEAST CORNER OF ARROYO GRANDE BOULEVARD AND AMERICAN PACIFIC DRIVE, IN THE GIBSON SPRINGS PLANNING AREA, FROM PS (PUBLIC/SEMIPUBLIC) TO HDR (HIGH-DENSITY RESIDENTIAL). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Resolution No. 4507 by title. (Motion) Councilman Dan K. Shaw moved to adopt Resolution No. 4507. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 32 of 43 Tuesday, November 1, 2022 – Minutes XI. BILLS TO BE READ IN TITLE 39 ACCOMPANYING BILL NO. 3671 FOR ITEM 7 MULLEN AVENUE AND FAIRFIELD AVENUE – 5.02 ACRES ULEPIC FAMILY TRUST, ET AL. CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT An Ordinance of the City Council of the City of Henderson, Nevada, extending the city limits of the city by annexing thereto approximately 5.02 acres of real property generally located at the northwest corner of Mullen Avenue and Fairfield Avenue in Section 9, Township 23 South, Range 61 East, M.D.M., commonly known as APN 191-09-801-010, and approving an annexation agreement between the City of Henderson and Ulepic Family Trust, Et al., with respect to the annexation of such property. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3671 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3671 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 33 of 43 Tuesday, November 1, 2022 – Minutes 40 ACCOMPANYING BILL NO. 3672 FOR ITEM 25 ZCA-2011500286-A16 RAINBOW CANYON AT LAKE LAS VEGAS - PARCEL N-1 CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: RAINTREE INVESTMENT CORPORATION, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE NORTH END OF LAKE LAS VEGAS PARKWAY, IN THE LAKE LAS VEGAS PLANNING AREA, FROM RM-16-G- MP-H (MEDIUM-DENSITY RESIDENTIAL WITH GAMING ENTERPRISE, MASTER PLAN AND HILLSIDE OVERLAYS) AND PS-G-MP-H (PUBLIC/SEMIPUBLIC WITH GAMING ENTERPRISE, MASTER PLAN AND HILLSIDE OVERLAYS) TO RS-6-G-MP-H (LOW-DENSITY RESIDENTIAL WITH GAMING ENTERPRISE, MASTER PLAN AND HILLSIDE OVERLAYS) ON 19.9 ACRES, AND FROM RM-16-G-MP-H (MEDIUM-DENSITY RESIDENTIAL WITH GAMING ENTERPRISE, MASTER PLAN AND HILLSIDE OVERLAYS) TO PS-G-MP-H (PUBLIC/SEMIPUBLIC WITH GAMING ENTERPRISE, MASTER PLAN AND HILLSIDE OVERLAYS) ON 1.2 ACRES. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3672 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3672 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 34 of 43 Tuesday, November 1, 2022 – Minutes 41 ACCOMPANYING BILL NO. 3673 FOR ITEM 27 ZCA-2022010923 ATLAS INDUSTRIAL PARK CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: ATLAS INDUSTRIAL PARK, 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 11, TOWNSHIP 23 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 10.3 ACRES LOCATED WEST OF INTERSTATE 11 AND RAILROAD PASS CASINO ROAD (12455 S. US HIGHWAY 95), FROM CC (COMMUNITY COMMERCIAL) TO IP (INDUSTRIAL PARK). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3673 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3673 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 35 of 43 Tuesday, November 1, 2022 – Minutes 42 ACCOMPANYING BILL NO. 3674 FOR ITEM 29 ZCA-2022011118 VOLUNTEER & GILESPIE MULTI-FAMILY) CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: THE ARDOUR COMPANY, 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 9, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 10.4 ACRES LOCATED AT THE SOUTHEAST CORNER OF VOLUNTEER BOULEVARD AND GILESPIE STREET IN THE WEST HENDERSON PLANNING AREA, FROM CC (COMMUNITY COMMERCIAL) TO RH-36 (HIGH-DENSITY RESIDENTIAL). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3674 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3674 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 36 of 43 Tuesday, November 1, 2022 – Minutes 43 ACCOMPANYING BILL NO. 3675 FOR ITEM 31 ZCA-2022011147 BOULEVARD SOUTH CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: BOULEVARD SOUTH LAND COMPANY, 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 17, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 16.6 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF S. LAS VEGAS BOULEVARD AND DISTRICT AVENUE, IN THE WEST HENDERSON PLANNING AREA, TO APPLY CITY OF HENDERSON RH-36 (HIGH-DENSITY RESIDENTIAL) ZONING DESIGNATION TO PROPERTY WITH NO ESTABLISHED ZONING. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3675 by title. (Minutes/Discussion) Mayor Pro Tem Dan H. Stewart read the following abstention statement: “Item 43 is a bill related to an application for a Comprehensive Plan Amendment and Zone Change for property owned by Boulevard South Land Company, LLC. I need to disclose that my nephew, John Stewart, is a principal with Boulevard South Land Company. This a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on these matters. Accordingly, I will abstain from deliberation and voting on item and will turn the meeting over to Councilman Marz.” (Motion) Councilwoman Michelle Romero moved to refer Bill No. 3675 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: Mayor Pro Tem Dan H. Stewart. Result: Pass. Henderson City Council Regular Meeting Page 37 of 43 Tuesday, November 1, 2022 – Minutes 44 ACCOMPANYING BILL NO. 3676 FOR ITEM 33 ZCA-2022011156 SUNSET GIBSON INDUSTRIAL CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: MTKK HENDERSON, 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 3, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 6.8 ACRES LOCATED AT LOCATED ON THE NORTHWEST CORNER OF N. GIBSON ROAD AND OLD GIBSON ROAD, IN THE EASTSIDE REDEVELOPMENT AND MIDWAY PLANNING AREAS, FROM CC-RD (COMMUNITY COMMERCIAL WITH REDEVELOPMENT OVERLAY) TO IG- RD (GENERAL INDUSTRIAL WITH REDEVELOPMENT OVERLAY). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3676 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3676 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 38 of 43 Tuesday, November 1, 2022 – Minutes 45 ACCOMPANYING BILL NO. 3677 FOR ITEM 35 ZCA-2022010976 WHITNEY MESA CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: CITY OF HENDERSON 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 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTHWEST OF BUFFALO TRAIL DRIVE (STUB) AND EAST OF WHITNEY MESA DRIVE (BETWEEN WHITNEY MESA DRIVE AND GALLERIA DRIVE, APPROXIMATELY 750 FEET WEST OF THE WHITNEY RANCH RECREATION CENTER) IN THE WHITNEY RANCH PLANNING AREA, FROM RS-1-AE-H (LOW-DENSITY RESIDENTIAL WITH AIRPORT ENVIRONS AND HILLSIDE OVERLAYS) AND PS-AE-H (PUBLIC/SEMIPUBLIC WITH AIRPORT ENVIRONS AND HILLSIDE OVERLAYS) TO IP-AE-H (INDUSTRIAL PARK WITH AIRPORT ENVIRONS AND HILLSIDE OVERLAYS) ON 4.8 ACRES, AND FROM RS-1-AE-H (LOW- DENSITY RESIDENTIAL WITH AIRPORT ENVIRONS AND HILLSIDE OVERLAYS) TO PS-AE-H (PUBLIC/SEMIPUBLIC WITH AIRPORT ENVIRONS AND HILLSIDE OVERLAYS) ON 19.3 ACRES, MAKING MINOR ADJUSTMENTS TO THE COMPREHENSIVE PLAN LAND USE AND ZONE BOUNDARIES THAT TOTAL 0.9 ACRES. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3677 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3677 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 39 of 43 Tuesday, November 1, 2022 – Minutes 46 ACCOMPANYING BILL NO. 3678 FOR ITEM 37 ZCA-2022011217 AMERICAN PACIFIC REZONE CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: CITY OF HENDERSON AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 4.2 ACRES LOCATED AT 1675 AMERICAN PACIFIC DRIVE, AT THE SOUTHEAST CORNER OF ARROYO GRANDE BOULEVARD AND AMERICAN PACIFIC DRIVE, IN THE GIBSON SPRINGS PLANNING AREA, FROM PS-MP-RD (PUBLIC/SEMIPUBLIC WITH MASTER PLAN AND REDEVELOPMENT OVERLAYS) TO RH-24-MP-RD (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN AND REDEVELOPMENT OVERLAYS). (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3678 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3678 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 40 of 43 Tuesday, November 1, 2022 – Minutes 47 BILL NO. 3679 AUTHORIZING ISSUANCE AND SALE OF A MEDIUM-TERM BOND CMTS NUMBER(S): FINANCE DEPARTMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, DESIGNATED AS THE "2022 MEDIUM-TERM BOND ORDINANCE"; PROVIDING FOR THE ISSUANCE BY THE CITY OF ITS GENERAL OBLIGATION (LIMITED TAX) MEDIUM-TERM BOND, SERIES 2022; PROVIDING COVENANTS, CONDITIONS, AND OTHER DETAILS CONCERNING THE BOND, THE PROJECT, AND GENERAL TAX PROCEEDS; AND RATIFYING ACTION PREVIOUSLY TAKEN AND PERTAINING TO THE FOREGOING BY THE CITY AND ITS OFFICERS AND EMPLOYEES. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3679 by title. (Motion) Councilman John F. Marz moved to refer Bill No. 3679 to the Committee Meeting of November 15, 2022, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Those voting nay: (None). Those absent: Mayor Debra March. Those abstaining: (None). Result: Pass. XII. MAYOR\COUNCILMEMBER COMMENTS (Minutes/Discussion) There were no Mayor\Councilmember comments presented. XIII. SET MEETING (Minutes/Discussion) The City Council Committee Meeting of November 15, 2022, will begin at 3:45 p.m., followed by the City Council Regular Meeting at 4:00 p.m. Henderson City Council Regular Meeting Page 41 of 43 Tuesday, November 1, 2022 – Minutes XIV. PUBLIC COMMENT (Minutes/Discussion) Patricia Charlton, 89012; stated she is a member of the Chief Advisory Council for the Henderson Police Department and expressed full support for Thedrick Andres, Chief of Police, for his dedication and commitment to the safety of all the residents. She also expressed full support for the Henderson Fire Department, the Mayor and Councilmembers, and City staff. Christina Marks, Highland Village Apartments, 89015; Brittne Morgan, Highland Village Apartments, 89015; and Priest and Rector Father Chris Moran, 89015, with St. Paul’s Church next door to Highland Village Apartments also expressed their appreciation and full support for Police Chief Andres. Ms. Morgan also stated because some Councilmembers will soon be moving on to pursue other endeavors, she questioned whether their replacements would take an active interest in the issues within the community. Mayor Pro Tem Stewart said the community will certainly maintain the support from the Councilmembers that will remain on the dais. Father Moran added the Council and staff have gone above and beyond to assist the Highland Village Apartment residents and it really shows. He also said he is grateful to live in a city where he can have the cell phone numbers of Police Chief Andres and Police Captain, Kirk Moore, that he could utilize if he ever needed assistance. He said he wanted to attend the meeting to express his appreciation. Merrill Knight, 89052, expressed support of Police Chief Andres. He said the Police Chief runs a fine program and the community is growing because of him and his officers. Written Comment Cards were received from Barbara Riley, 89015, and Robert James, 89015, stating they both would like to speak regarding Highland Village Apartments; however, they did not respond when Mayor Pro Tem Stewart called their names. Following the public comment made by Tim Philebar, 89015, regarding a legal matter, Lisa Corrado, Community Development and Services Director, stated staff members Hayley Jarolimek, Neighborhood Services Manager; and Claudia Young, Housing and Grants Coordinator; are present and would review Mr. Philebar’s documents to determine if the City would be able to assist him. Henderson City Council Regular Meeting Page 42 of 43 Tuesday, November 1, 2022 – Minutes Steven Peralta, 89011, said he is the Chair of the Henderson Police Department Chief Advisory Council, and stated his purpose for addressing the Council was to make them aware that the two police unions solicited a vote of “no confidence” in Police Chief Andres. He stated on behalf of the Chief Advisory Council, they refute that claim and stated they vote “full confidence” in Police Chief Andres and his efforts. Mayor Pro Tem Stewart stated he also votes “full confidence” in Police Chief Andres and stated a finer police chief cannot be found in the country. Melissa Farkas, 89061, stated she previously resided in Highland Village Apartments, 89015. She expressed support to Police Chief Andres and Captain Kirk because they have reached out to herself, Father Moran, and the residents regarding their concerns and have done a wonderful job. Ms. Farkas inquired regarding assistance available to the Highland Village Apartment residents that have sustained damages and neglect, which she said has been ongoing for approximately four years. Nicholas Vaskov, City Attorney, stated Ms. Corrado has been working to support the residents’ issues through Code Enforcement and other efforts, which he stated is the only assistance the City could provide. He stated damages that the residents have that are related to the management company are a civil matter between the parties involved. A discussion ensued regarding the avenues that are available for the residents to legally pursue this matter further. Ms. Corrado said she has reviewed some of the documents that were provided by the residents and staff has contacted the Silver State Housing Council to determine if there were any violations; however, there was not sufficient evidence to pursue the matter further from the City’s perspective. Ms. Farkas stated sufficient evidence has now been provided, such as medical records, and said these issues need to be resolved because they are negatively affecting the children. Ms. Corrado stated both the City and the State conduct regular monitoring of the apartment units. She said the City has initiated additional monitoring based on the complaints that have been received from the tenants during the City Council Meetings and through on-site outreach efforts. She said the Code Enforcement Division have taken a very proactive approach there, and the property owner is drafting a document to explain the improvements that they have made based on Code Enforcement’s inspections and may be presenting that information to the Council members as well. She said the City is working with the property owners to ensure compliance with the Code; however, she does not believe the City may address negative impacts from living there. Henderson City Council Regular Meeting Page 43 of 43 Tuesday, November 1, 2022 – Minutes Jessica Santiano, 89015, on behalf of FPI Management with Highland Village Apartements, stated she was present to inform the Councilmembers that she will address any past and future issues that the residents or Father Moran may have. Mayor Pro Tem Stewart thanked Ms. Santiago for attending the meeting and stated he would appreciate her following up with anyone that expressed an issue with Highland Village Apartments. XV. ADJOURNMENT (Minutes/Discussion) There being no further business to come before the Council, Mayor Pro Tem Stewart, in concurrence with the Council, adjourned the Regular Meeting at 5:05 p.m. PASSED AND APPROVED THIS 15th DAY OF NOVEMBER 2022. ______________________ Debra March Mayor ATTEST: _____________________ Jose Luis Valdez, CMC City Clerk