City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, December 13, 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 H. Stewart, Councilman Absent: Dan K. Shaw, Councilman 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 23 Tuesday, December 13, 2022 – Minutes IV. INVOCATION AND PLEDGE OF ALLEGIANCE (Minutes/Discussion) The invocation was given by Rabbi Mendy with Chabad of Henderson, and was followed by the Pledge of Allegiance. V. PUBLIC COMMENT (Minutes/Discussion) Denell Hahn, 89015, requested to have Item 4 pulled from the Consent Agenda to allow the residents the opportunity to participate in the discussion. Lynne Starr, 89015, provided several exhibits related to Item 4, which she said were taken from behind the home of Kirby Trumbo, 89015, that show the elevation of the new homes that she stated are too high. Kirby Trumbo, 89015, under Item 4, stated he is a very affected property owner due to the high elevation of the new homes. He said the approval of the plans were a horrendous deal and said he would be interested to know if any final plan approvals were conducted without a public hearing. Charles Reiner, 89015, under Item 4, stated he is also a bordering resident of what the previous constituents spoke upon. He said was aware of the Black Mountain project when he purchased his home and did his due diligence to understand the new home designs and their components; however, large piles of dirt have been relocated behind his home and to various areas throughout the neighborhood. VI. ACCEPTANCE OF AGENDA (For Possible Action) (Motion) Councilman Dan H. Stewart moved to accept the agenda, as amended: (Minutes/Discussion) Item 4 was pulled from the Consent Agenda for discussion. Item 8 was continued to the January 3, 2023, City Council Regular Meeting at the request 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 H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 3 of 23 Tuesday, December 13, 2022 – Minutes VII. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS 1 PRESENTATION OUTSTANDING SERVICE DURING THE 2022 ELECTION CYCLE CMTS NUMBER(S): N/A CITY CLERK'S OFFICE Recognition of the Board of County Commissioners, Clark County Registrar of Voters, and Henderson City Clerk Staff, for outstanding service during the 2022 Election Cycle, which was among the most successful in the history of the City of Henderson. (Minutes/Discussion) Richard Derrick, City Manager/CEO, stated the 2022 municipal election cycle was the most successful in the City of Henderson’s history, with a record 4,458 voters visiting City Hall to either vote in-person or drop off their ballots. He said Henderson City Hall served as a voting center for the first time ever during the first even-numbered year general election that took place on November 8th. Mr. Derrick said he was particularly grateful to James Gibson, Clark County Commission Chairman, for his advocacy on behalf of the City of Henderson to offer more early voting opportunities and for City Hall to serve as a voting center on general election day. Mr. Derrick welcomed representatives from the Board of County Commissioners, Clark County Registrar of Voters, and Henderson City Clerk’s Office to the dais, and asked the Mayor and Council to join the group for a photo opportunity and for the presentation of the Certificates of Recognition for Outstanding Service During the 2022 Election Cycle. VIII. CITY MANAGER'S REPORT 2 CITY MANAGER'S REPORT CMTS NUMBER(S): N/A CITY MANAGER'S OFFICE The City Manager's Report cannot be acted upon or discussed at this meeting, but may be referred by Council to the next regular meeting for consideration. Henderson City Council Regular Meeting Page 4 of 23 Tuesday, December 13, 2022 – Minutes (Minutes/Discussion) Richard Derrick, City Manager/CEO, stated the Annual Commitment to Safety Awards presentation was held last week to acknowledge the improvements City departments have made to their safety practices throughout the workplace. He said the Department of Utility Services earned first place for developing a program to help eliminate high fall areas throughout the City; second place was awarded to the Parks and Recreation Department for their work on the City’s Emergency Services Active Assailant Drill; and third place went to the Public Works Department for developing a vehicle inspection application. Mr. Derrick commended the awardees for their commitment to creating a safer workplace. Mr. Derrick stated he was proud to share that the City of Henderson was named the Best Place to Live in Nevada by Home Digest, an online publication that focuses on homes and home buying. He said this accolade is based on factors that included Henderson being recognized as one of the safest cities in America, its low utilities costs, good job market, great local entertainment, and its standard of living. Mr. Derrick said the City appreciates being recognized to achieve a premier quality of life for Henderson residents. Lastly, Mr. Derrick recognized his friend and colleague, Ed McGuire, who has served as the City's Director of Public Works since 2018. He said Mr. McGuire is retiring from the City following 29 years of exemplary and committed service to our community. Mr. Derrick thanked Mr. McGuire for nearly three decades of service to the City of Henderson and wish him the very best in his future endeavors. IX. CONSENT AGENDA 3 AGREEMENT RESEARCH SUBSCRIPTION WEST PUBLISHING CORPORATION FUNDING SOURCE: OPERATING EXPENSES CMTS NUMBER(S): 26848 CITY ATTORNEY'S OFFICE Research subscription agreement between the City of Henderson and West Publishing Corporation, for a three-year term commencing January 1, 2023, and continuing through December 31, 2025, in the amount of $148,390.44. (Motion) Councilwoman Michelle Romero moved to approve the research subscription agreement between the City of Henderson and West Publishing Corporation, for a three-year term commencing January 1, 2023, and continuing through December 31, 2025, in the amount of $148,390.44. Henderson City Council Regular Meeting Page 5 of 23 Tuesday, December 13, 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 H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 4 BIENNIAL STATUS REPORT TO COUNCIL 2022 BLACK MOUNTAIN DEVELOPMENT AGREEMENT CMTS NUMBER(S): N/A GREYSTONE NEVADA, LLC CITY ATTORNEY’S OFFICE COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT Biennial status report to the City of Henderson City Council from Greystone Nevada, LLC, providing all information necessary to assess the Developer’s good faith compliance with the terms of the Development Agreement as required by Section 7.1 of the Black Mountain Development Agreement. (Minutes/Discussion) Note: This item was pulled from the Consent Agenda for discussion. Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated Greystone Nevada, LLC, has submitted the required summary chart, which lists the obligations and status of all the terms in the agreement and said staff has found that they are in compliance. Ms. Corrado said based on the comments that were made during the Public Comment section of this meeting, staff has received an online request regarding concerns related to the grading and said staff will work with the Public Works Department to resolve the issues. Ed McGuire, Director of Public Works, stated the grading plans will be reviewed, and he provided an update on the Fairway Road closure. Mayor Debra March said the developer is aware of how sensitive this issue has been within the project and knows how important it is to work with the neighbors to ensure they are able to enjoy their quality of life and investment properties during the construction phase. Councilwoman Michelle Romero stated even if the grading was approved, the plans should be reviewed because the level of height difference between the existing homes and the new homes, as shown in the exhibits provided by Lynne Star, is unacceptable. Mayor March directed staff to ensure the developer is in compliance with the agreement. Henderson City Council Regular Meeting Page 6 of 23 Tuesday, December 13, 2022 – Minutes Councilman Dan H. Stewart stated, prior to today, this is the first time the Council has heard of these issues and stated the first step is to get the facts, then proceed from there. Denell Hahn, 89015, stated the closure of Fairway Road is a problem for the residents and stated only having one way in and out poses a major safety issue, especially pertaining to emergency service vehicles. (Motion) Councilwoman Michelle Romero moved to accept the Biennial status report to the City of Henderson City Council from Greystone Nevada, LLC, providing all information necessary to assess the Developer’s good faith compliance with the terms of the Development Agreement as required by Section 7.1 of the Black Mountain Development Agreement, and directed staff to ensure the developer is in compliance with the agreement. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 5 AMENDMENT A05 TO INTERLOCAL PROFESSIONAL SERVICES AGREEMENT SOUTHERN NEVADA HEALTH DISTRICT (SNHD) FUNDING SOURCE: SNHD RACIAL AND ETHNIC APPROACHES TO COMMUNITY HEALTH (REACH) GRANT CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT Fifth Amendment to the Interlocal Professional Service Agreement between the City of Henderson and the Southern Nevada Health District (SNHD) to extend the end date of the Agreement through September 29, 2023, and to increase the award from $105,000.00 to $150,000.00, an increase of $45,000.00 for a Racial and Ethnic Approaches to Community Health (REACH) grant to increase access to healthy foods and physical activity opportunities. (Motion) Councilwoman Michelle Romero moved to approve the Fifth Amendment to the Interlocal Professional Service Agreement between the City of Henderson and the Southern Nevada Health District (SNHD) to extend the end date of the Agreement through September 29, 2023, and to increase the award from $105,000.00 to $150,000.00, an increase of $45,000.00 for a Racial and Ethnic Approaches to Community Health (REACH) grant to increase access to healthy foods and physical activity opportunities. Henderson City Council Regular Meeting Page 7 of 23 Tuesday, December 13, 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 H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 6 ASSIGNMENT OF CONTRACT #22220 THIRD PARTY ADMINISTRATOR SERVICES BY HEALTHSCOPE BENEFITS, INC., TO UMR, INC. CMTS NUMBER(S): 22220 FINANCE DEPARTMENT Assignment of Contract #22220 for Third Party Administrator Services from HealthScope Benefits, Inc. to UMR, Inc. (Motion) Councilwoman Michelle Romero moved to approve the Assignment of Contract #22220 for Third Party Administrator Services from HealthScope Benefits, Inc. to UMR, Inc. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 7 AGREEMENT AMENDMENT #1 THIRD PARTY ADMINISTRATOR SERVICES UMR INC., FORMERLY KNOWN AS HEALTHSCOPE BENEFITS, INC. FUNDING SOURCE: HEALTH INSURANCE FUND CMTS NUMBER(S): 22220 FINANCE DEPARTMENT Amendment #1 to the agreement between the City of Henderson and UMR, Inc., formerly known as HealthScope Benefits, Inc., for Third Party Administrator Services for an additional four (4) year term of January 1, 2023 – December 31, 2026; services and supplemental services have a not-to-exceed amount of $950,000.00 in Plan Year 2023; $997,500 in Plan Year 2024; $1,090,000.00 in Plan Year 2025; and $1,144,500.00 in Plan Year 2026. Henderson City Council Regular Meeting Page 8 of 23 Tuesday, December 13, 2022 – Minutes (Motion) Councilwoman Michelle Romero moved to approve Amendment #1 to the agreement between the City of Henderson and UMR, Inc., formerly known as HealthScope Benefits, Inc., for Third Party Administrator Services for an additional four (4) year term of January 1, 2023 – December 31, 2026; services and supplemental services have a not-to-exceed amount of $950,000.00 in Plan Year 2023; $997,500 in Plan Year 2024; $1,090,000.00 in Plan Year 2025; and $1,144,500.00 in Plan Year 2026. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 8 ANNUAL COMPREHENSIVE FINANCIAL REPORT AND AUDIT WRAP UP LETTER FISCAL YEAR ENDING JUNE 30, 2022 BDO USA, LLP CMTS NUMBER(S): N/A FINANCE DEPARTMENT Submission of the Annual Comprehensive Financial Report and Audit Wrap Up Letter by BDO USA, LLP, for the fiscal year ending June 30, 2022. (Minutes/Discussion) Note: This item was continued to the January 3, 2023, City Council Regular Meeting, at the request of staff. 9 CASH REQUIREMENTS REGISTER OCTOBER 22, 2022, THROUGH NOVEMBER 18, 2022 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Cash Requirements Register for the period of October 22, 2022, through November 18, 2022, in the amount of $35,086,985.73. (Motion) Councilwoman Michelle Romero moved to approve the Cash Requirements Register for the period of October 22, 2022, through November 18, 2022, in the amount of $35,086,985.73. Henderson City Council Regular Meeting Page 9 of 23 Tuesday, December 13, 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 H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 10 PURCHASE OF HEALTH INSURANCE MEDICAL STOP LOSS INSURANCE BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY FUNDING SOURCE: HEALTH INSURANCE FUND CMTS NUMBER(S): 26900 FINANCE DEPARTMENT Purchase of medical stop-loss insurance for the City’s Self-Funded Health Insurance Program from Berkshire Hathaway Specialty Insurance Company for the period of January 1, 2023, to December 31, 2023, for an estimated premium of $650,311.00, and not to exceed $780,373.20. (Motion) Councilwoman Michelle Romero moved to approve the Purchase of medical stop-loss insurance for the City’s Self-Funded Health Insurance Program from Berkshire Hathaway Specialty Insurance Company for the period of January 1, 2023, to December 31, 2023, for an estimated premium of $650,311.00, and not to exceed $780,373.20. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 11 AGREEMENT SETTLEMENT AGREEMENT DANIEL ANDREWS FUNDING SOURCE: SELF-INSURANCE CMTS NUMBER(S): N/A POLICE DEPARTMENT CITY ATTORNEY'S OFFICE Settlement Agreement between City of Henderson, Phillip Watford, Karl Lippisch, and Daniel Andrews for settlement of a lawsuit filed in the Federal District Court of Nevada, known as Daniel Andrews v. City of Henderson, Phillip Watford, and Karl Lippisch, Case No. 2:18-cv-01625-JCM-BNW, in the total amount of $575,000.00. Henderson City Council Regular Meeting Page 10 of 23 Tuesday, December 13, 2022 – Minutes (Motion) Councilwoman Michelle Romero moved to approve the Settlement Agreement between City of Henderson, Phillip Watford, Karl Lippisch, and Daniel Andrews for settlement of a lawsuit filed in the Federal District Court of Nevada, known as Daniel Andrews v. City of Henderson, Phillip Watford, and Karl Lippisch, Case No. 2:18-cv-01625-JCM-BNW, in the total amount of $575,000.00. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. 12 EASEMENT OCCUPANCY PERMIT (DC7332) OCCUPANCY OF THE SOUTHERN NEVADA WATER AUTHORITY’S PITTMAN LATERAL EASEMENT CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT SOUTHERN NEVADA WATER AUTHORITY Easement Occupancy Permit for occupancy within Southern Nevada Water Authority’s Pittman Lateral easement, located in the Northeast Quarter (NE 1/4) of Section 1, Township 22 South, Range 62 East and the Southeast Quarter (SE 1/4) of Section 36, Township 21 South, Range 62 East, M.D.M., generally located within Galleria Drive; and authorize the City Manager/CEO, or his designee, to sign the permit. (Motion) Councilwoman Michelle Romero moved to approve the Easement Occupancy Permit for occupancy within southern Nevada Water Authority’s Pittman Lateral easement, located in the Northeast Quarter (NE 1/4) of Section 1, Township 22 South, Range 62 East and the Southeast Quarter (SE 1/4) of Section 36, Township 21 South, Range 62 East, M.D.M., generally located within Galleria Drive, and authorize the City Manager/CEO, or his designee, to sign the permit. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 11 of 23 Tuesday, December 13, 2022 – Minutes 13 EXTENSION OF INTERLOCAL AGREEMENT TERM TEMPORARY POTABLE WATER SERVICE BASIC WATER COMPANY SPE 1, LLC, AND BASIC WATER COMPANY LAS VEGAS VALLEY WATER DISTRICT CMTS NUMBER(S): 26525 DEPARTMENT OF UTILITY SERVICES Extension of the term of the Interlocal Agreement between the City of Henderson (“City”) and the Las Vegas Valley Water District ("LVVWD") for three additional six-month periods, enabling the City to provide up to six (6) million gallons per day of temporary potable water service to Basic Water Company SPE 1, LLC, and Basic Water Company; and authorize the City Manager/CEO to sign an agreement(s) with LVVWD to extend the term of this Interlocal Agreement for three additional six-month periods. (Motion) Councilwoman Michelle Romero moved to approve the extension of the term of the Interlocal Agreement between the City of Henderson (“City”) and the Las Vegas Valley Water District (“LVVWD”) for three additional six-month periods, enabling the City to provide up to six (6) million gallons per day of temporary potable water service to Basic Water Company SPE 1, LLC, and Basic Water Company; and authorize the City Manager/CEO to sign an agreement(s) with LVVWD to extend the term of this Interlocal Agreement for three additional six- month periods. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 12 of 23 Tuesday, December 13, 2022 – Minutes 14 FIRST AMENDMENT TO AGREEMENT TEMPORARY POTABLE WATER SERVICE BASIC WATER COMPANY SPE 1, LLC, AND BASIC WATER COMPANY CMTS NUMBER(S): 26526 DEPARTMENT OF UTILITY SERVICES First Amendment to the Agreement for Temporary Potable Water Service between the City of Henderson (“City”) and Basic Water Company SPE 1, LLC, and Basic Water Company (collectively, “BWC”), for the City to provide BWC up to six (6) million gallons per day of temporary water service to BWC for redelivery to BWC customers for those customers’ use in a portion of the BMI Complex, wherein BWC agrees to complete construction of the “permanent interim solution” facilities and be responsible and pay for the City’s attorneys’ fees and costs incurred in connection with the BWC’s chapter 11 bankruptcy cases, which fees shall not exceed, on average, $30,000.00 per month. (Motion) Councilwoman Michelle Romero moved to approve the First Amendment to the Agreement for Temporary Potable Water Service between the City of Henderson (“City”) and Basic Water Company SPE 1, LLC, and Basic Water Company (collectively, “BWC”), for the City to provide BWC up to six (6) million gallons per day of temporary water service to BWC for redelivery to BWC customers for those customers’ use in a portion of the BMI Complex, wherein BWC agrees to complete construction of the “permanent interim solution” facilities and be responsible and pay for the City’s attorneys’ fees and costs incurred in connection with the BWC’s chapter 11 bankruptcy cases, which fees shall not exceed, on average, $30,000.00 per month. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 13 of 23 Tuesday, December 13, 2022 – Minutes X. PUBLIC HEARINGS 15 PUBLIC HEARING COLLECTIVE BARGAINING AGREEMENT HENDERSON POLICE SUPERVISORS ASSOCIATION CMTS NUMBER(S): N/A HUMAN RESOURCES DEPARTMENT Approve the Collective Bargaining Agreement between the City of Henderson and the Henderson Police Supervisors Association, retroactively, for a four-year period beginning on July 1, 2021, and expiring on June 30, 2025. (Minutes/Discussion) Carlos McDade, Chief Labor Negotiator, presented a summary of this item and stated staff recommends approval. Mr. McDade thanked Thedrick Andres, Chief of Police; Christopher Aguiar, Henderson Police Supervisors Association (HPSA) President; and their respective teams for their work on this agreement. Mayor Debra 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 on behalf of the Council, she expressed gratitude for the work of the HPSA members and the police department to fulfill their mission of excellence, safety, and service. She said their commitment to the community and to the City’s strategic priorities regarding community safety is part of what makes Henderson a premier city. She, too, recognized Mr. Aguiar for his leadership, partnership, and collaboration during the negotiation process and the entire negotiating team, for both parties, that helped the City to get to this point. Mayor March stated she also appreciated Mr. McDade for his work with leading contract negotiations for the City. (Motion) Councilman John F. Marz moved to approve the Collective Bargaining Agreement between the City of Henderson and the Henderson Police Supervisors Association, retroactively, for a four-year period beginning on July 1, 2021, and expiring on June 30, 2025. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 14 of 23 Tuesday, December 13, 2022 – Minutes 16 PUBLIC HEARING APPEAL OF DECISION AP-9-22 FOR DRA-2022010319 LAKE MEAD / WATER DEVELOPMENT CMTS NUMBER(S): N/A APPLICANT AND APPELLENT: LAKE MEAD WATER STREET LLC Appeal of the Planning Commission's decision to approve a design review of architecture and site design for an eating and drinking establishment (restaurant) with drive-through service with two modifications from the Downtown Master Plan to: a) reduce the separation distance between existing residential and a speaker box from 500 feet to 92 feet, 5 inches, and b) increase the maximum number of parking spaces from 9 to 30, located on 1.6 acres northeast of the corner of Lake Mead Parkway and Water Street, in the Downtown Redevelopment and Townsite Planning Areas. The applicant is specifically appealing Condition 42, which limits the operating hours for the speaker box to between 6:00 a.m. and 10:00 p.m. (Minutes/Discussion) Lisa Corrado, Community Development and Services Director, presented a summary of this item and stated staff recommends upholding the Planning Commission’s decision. Tom Amick, 89135, representing the applicant/appellant, stated this appeal is specifically related to Condition 42, which limits the operating hours for the speaker box to between 6:00 a.m. and 10:00 p.m. Mr. Amick stated several mitigation measures have been worked through and added since the Planning Commission Meeting. He displayed a speaker box exhibit and addressed the changes that were made and agreed upon with Ms. Corrado and her staff. Mayor Debra March opened the public hearing and asked if there were any comments from the public related to this item. Tim Philebar, 89015, began speaking on a matter that was unrelated to this agenda item; therefore, Mayor March requested he hold his comment until the final public comment section of the meeting. There being no one else wishing to speak, the public hearing was closed. Following the inquiries from Councilwoman Michelle Romero regarding the speaker box maximum decibel level and regarding compliance, Mr. Amick stated the application contains a condition that states the two speaker boxes shall utilize an automated volume control, and Ms. Corrado stated Conditional Use Permits may be revoked if the applicant is non-compliant with the requirements. Following the request from Mayor March for a clarification of the motion, Ms. Corrado stated the approval will be to modify Planning Commission’s decision Henderson City Council Regular Meeting Page 15 of 23 Tuesday, December 13, 2022 – Minutes of approval by removing Condition 42 and replacing it with the added conditions that have been provided by Mr. Amick, as follows: 42. The business may only be open Sunday through Thursday between 10:00 a.m. and 1:00 a.m. and Friday and Saturday between 10:00 a.m. and 3:00 a.m. 43. An 8-foot-tall split-face decorative block wall shall be constructed as depicted on the site plan to provide additional buffering between the speaker boxes and the adjacent residential homes. 44. The two speaker boxes shall utilize an Automated Volume Control feature during all hours of operation. 45. A double row of trees and enhanced landscaping adjacent to the residential homes to provide additional buffering from the subject use. 46. A Porte Cochere shall be constructed over the drive lanes to cover the two speaker boxes and shall be a minimum of 40 feet long (to cover two standard sized vehicles). An additional Porte Cochere shall be constructed over the pickup window. Note: For the list of conditions of approval for this item, please reference the staff report attached to this item’s backup materials. (Motion) Councilwoman Michelle Romero moved to modify Planning Commission's decision of approval of DRA-2022010319, subject to amended conditions and modifications. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 16 of 23 Tuesday, December 13, 2022 – Minutes XI. NEW BUSINESS 17 MEMORANDUM OF UNDERSTANDING - LAKEMOOR LAKEMOOR VENTURES, LLC AND PN II, INC. CMTS NUMBER(S): N/A CITY MANAGER'S OFFICE Memorandum of Understanding by and among the City of Henderson, City of Henderson Redevelopment Agency, Lakemoor Ventures, LLC, and PN II, Inc., dba Pulte Homes of Nevada to establish general terms and conditions for the acquisition, planning, conveyance, remediation, reclamation, and development of +/- 1,146 acres, generally located south of East Lake Mead Parkway between Lorin C. Williams Parkway and First Dawn Street in Henderson, Nevada, in and around an area formerly known as the Three Kids Mine Project Site. (Minutes/Discussion) Anthony Molloy, Redevelopment Manager, presented a summary of this item and stated this this item is a companion to Item 4 that was heard during the Redevelopment Agency (RDA) Meeting. He stated the terms are the same as those stated during the RDA Meeting and said staff recommends approval. (Motion) Councilman Dan H. Stewart moved to approve the Memorandum of Understanding by and among the City of Henderson, City of Henderson Redevelopment Agency, Lakemoor Ventures, LLC, and PN II, Inc., dba Pulte Homes of Nevada to establish general terms and conditions for the acquisition, planning, conveyance, remediation, reclamation, and development of +/- 1,146 acres, generally located south of East Lake Mead Parkway between Lorin C. Williams Parkway and First Dawn Street in Henderson, Nevada, in and around an area formerly known as the Three Kids Mine Project Site. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 17 of 23 Tuesday, December 13, 2022 – Minutes 18 RESOLUTION DIRECTING THE NOTIFICATION OF THE CLARK COUNTY DEBT MANAGEMENT COMMISSION OF THE CITY’S PROPOSAL TO ISSUE GENERAL OBLIGATION BONDS CMTS NUMBER(S): N/A FINANCE DEPARTMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, CONCERNING THE FINANCING OF PROJECTS OF THE CITY; DIRECTING THE CITY’S CHIEF FINANCIAL OFFICER, OR HIS DESIGNEE, TO NOTIFY THE CLARK COUNTY DEBT MANAGEMENT COMMISSION OF THE CITY’S PROPOSAL TO ISSUE GENERAL OBLIGATION (LIMITED TAX) VARIOUS PURPOSE BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES) IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $60,000,000.00 THEREFORE; PROVIDING CERTAIN DETAILS IN CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF. (Minutes/Discussion) City Manager/CEO Derrick introduced and read Resolution No. 4513 by title. Jim McIntosh, Assistant City Manager/CFO, presented a summary of this item and stated staff recommends adoption. A brief discussion ensued regarding the portions of the bonds that would be taxable and tax-exempt, and Mr. McIntosh said the consolidated tax revenue study will be used. (Motion) Councilman John F. Marz moved to adopt Resolution No. 4513. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 18 of 23 Tuesday, December 13, 2022 – Minutes 19 RESOLUTION FUNDING AGREEMENT CITY OF HENDERSON REDEVELOPMENT AGENCY FUNDING FOR PURCHASE OF 777 WEST LAKE MEAD PARKWAY FOR REDEVELOPMENT PURPOSES CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT A RESOLUTION TO ENTER INTO A FUNDING AGREEMENT WITH THE CITY OF HENDERSON REDEVELOPMENT AGENCY, FOR THE CITY TO CONTRIBUTE TWO MILLION AND 00/100 DOLLARS ($2,000,000.00) TOWARD A TOTAL OF THIRTY-TWO MILLION AND 00/100 DOLLARS ($32,000,000.00) FOR THE PURCHASE OF APPROXIMATELY 35.3 ACRES OF REAL PROPERTY LOCATED AT 777 WEST LAKE MEAD PARKWAY, HENDERSON, NEVADA 89015, FORMERLY THE SITE OF THE FIESTA HENDERSON HOTEL AND CASINO, IDENTIFIED AS ASSESSOR’S PARCEL NUMBER 178-13-301-017, FOR FUTURE REDEVELOPMENT PURPOSES BENEFITTING THE RESIDENTS OF THE DOWNTOWN REDEVELOPMENT PROJECT AREA, EASTSIDE REDEVELOPMENT PROJECT AREA, AND THE CITY AS A WHOLE. (Minutes/Discussion) City Manager/CEO Derrick introduced and read Resolution No. 4514 by title. (Motion) Councilwoman Michelle Romero moved to adopt Resolution No. 4514. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 19 of 23 Tuesday, December 13, 2022 – Minutes 20 RIGHT-OF-WAY IMPROVEMENT AGREEMENT VIA INSPIRADA AND BICENTENNIAL PARKWAY NP INSPIRADA LLC FUNDING SOURCE: LAND FUND CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Right-of-Way Improvement Agreement between the City of Henderson and NP Inspirada LLC, a Nevada limited liability company, to convert the existing roundabout located at Via Inspirada and Bicentennial parkway to a signalized interchange, wherein NP Inspirada agrees to sell right-of-way to the City for $875,000.00, and the City agrees to construct the improvements. (Minutes/Discussion) Ed McGuire, Director of Public Works, presented a summary of this item. (Motion) Councilman Dan H. Stewart moved to approve the Right-of-Way Improvement Agreement between the City of Henderson and NP Inspirada LLC, a Nevada limited liability company, to convert the existing roundabout located at Via Inspirada and Bicentennial parkway to a signalized interchange, wherein NP Inspirada agrees to sell right-of-way to the City for $875,000.00, and the City agrees to construct the improvements. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 20 of 23 Tuesday, December 13, 2022 – Minutes 21 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS DIRECT LAND SALE TO NP INSPIRADA LLC 3.76 ACRES NORTHWEST OF VIA INSPIRADA AND BICENTENNIAL PARKWAY CMTS NUMBER(S): N/A PUBLIC WORKS DEPARTMENT Purchase and Sale Agreement and Joint Escrow Instructions between the City of Henderson, as Seller, and NP Inspirada LLC, a Nevada limited liability company, as Buyer, for the direct land sale of approximately 3.76 acres, more or less, of real property located northwest of the intersection of Via Inspirada and Bicentennial Parkway, identified as a portion of Assessor’s Parcel No. 191- 15-712-001, in the amount of $1,750,000.00; 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 this item and stated staff recommends approval. Jamie Thalgott, 89106, on behalf of NP Inspirada LLC, thanked Mayor Debra March and the Council as well as City staff for their assistance throughout the agreement process. She stated several Station Casinos team members were present in the audience in support of this project. (Motion) Councilman Dan H. Stewart moved to approve the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Henderson, as Seller, and NP Inspirada LLC, a Nevada limited liability company, as Buyer, for the direct land sale of approximately 3.76 acres, more or less, of real property located northwest of the intersection of Via Inspirada and Bicentennial Parkway, identified as a portion of Assessor’s Parcel No. 191-15-712-001, in the amount of $1,750,000.00; 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, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. Henderson City Council Regular Meeting Page 21 of 23 Tuesday, December 13, 2022 – Minutes XII. BILLS TO BE READ IN TITLE 22 BILL NO. 3691 AMEND HENDERSON MUNICIPAL CODE SECTION 4.07.050 – NOTICE OF VIOLATION—RESPONSE—HEARINGS CMTS NUMBER(S): N/A CITY ATTORNEY'S OFFICE FINANCE DEPARTMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND SECTION 4.07.050 – NOTICE OF VIOLATION— RESPONSE—HEARINGS – OF TITLE 4 – BUSINESS REGULATIONS AND LICENSES – OF THE HENDERSON MUNICIPAL CODE. (Minutes/Discussion) Richard Derrick, City Manager/CEO, introduced and read Bill No. 3691 by title. (Motion) Councilwoman Michelle Romero moved to refer Bill No. 3691 to the Committee Meeting of January 3, 2023, for review and recommendation. (Vote) The roll call vote favoring passage was: Those voting aye: Mayor Debra March, Councilman John F. Marz, Councilwoman Michelle Romero, Councilman Dan H. Stewart. Those voting nay: (None). Those absent: Councilman Dan K. Shaw. Those abstaining: (None). Result: Pass. XIII. MAYOR\COUNCILMEMBER COMMENTS (Minutes/Discussion) Councilman John F. Marz thanked his fellow Councilmembers for the remarkable privilege of serving the City alongside them for the past 11 years and stated numerous ventures that have been successful in various areas of Henderson. Councilman Marz recognized Jacob Snow, the City’s Former City Manager, for seeing the residents through a great recession; Richard Derrick, City Manager, CEO, for his effective leadership through the pandemic; and City staff for their hard work, dedication, and ability to appropriately manage resources. Henderson City Council Regular Meeting Page 22 of 23 Tuesday, December 13, 2022 – Minutes Mayor Debra March thanked Councilman Marz for his time, commitment, and leadership. She said she is grateful to him, the Councilmembers, the City’s team, and the community. She said it has been an honor to serve the City of Henderson, which she said has been like family to her. She said her commitment has always been to leave the City in better condition than it was in when she found it and to make a difference. She said the remarkable things that have happened across the community did not happen by chance but due to the remarkable team of people that live, work, and play in Henderson. She said Henderson is a unique place, and it has been an honor and a privilege for her to serve as the Mayor. XIV. SET MEETING (Minutes/Discussion) The City Council Special Meeting of January 3, 2023, 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. XV. PUBLIC COMMENT (Minutes/Discussion) Tom Amick, 89135, stated because this is the last meeting for Mayor Debra March, Councilman John F. Marz, and Ed McGuire, Director of Public Works, he wanted to express his gratitude and appreciation for everything they have done for him personally and for the City. He also commended City staff for their hard work and professionalism. James Jimmy Durban, 89014, stated he wanted to publicly thank Mayor March, Councilman Marz, and Mr. McGuire for their service. He especially thanked Councilman Marz for being his leader, mentor, and coach. He said as a person in long-term recovery from drugs and alcohol, he had the pleasure of meeting Councilman Marz, who left an imprint on him. He said he later become a clinical social worker and a licensed drug and alcohol counselor that also works with Judge Jeremy Cooley in the Henderson Municipal Court’s Assistance Breaking the Cycle (ABC) Drug Court in Department 2 and he gives back to the community with Shine A Light, which helps hundreds of people living in the underground flood channels of Las Vegas. Tim Philebar, 89015, stated he has punitive damages that he is waiting to have resolved. Lisa Corrado, Community Development and Services Director, stated her staff has been working with Mr. Philebar and encouraged him to please allow them to assist him with his paperwork. She said her staff is abreast of his case and stated documents need to be completed so that Mr. Philebar will be able to remain housed. She said she is concerned with his housing situation and asked him to allow staff to assist him with completing the required paperwork following the meeting. Henderson City Council Regular Meeting Page 23 of 23 Tuesday, December 13, 2022 – Minutes Mayor March encouraged staff to continue working with Mr. Philebar until his issue is resolved. XVI. ADJOURNMENT (Minutes/Discussion) There being no further business to come before the Council, Mayor Debra March, in concurrence with the Council, adjourned the Regular Meeting at 5:08 p.m. PASSED AND APPROVED THIS 3rd DAY OF JANUARY 2023. ______________________ Michelle Romero Mayor ATTEST: _____________________ Jose Luis Valdez, CMC City Clerk