City Council Regular

CITY OF HENDERSON CITY COUNCIL REGULAR MEETING DRAFT MINUTES OF PROCEEDINGS Tuesday, November 21, 2023 Council Chambers 4:00 PM 240 South Water Street Meeting Inquiries: (702) 267-1400 Henderson, Nevada 89015 I. CALL TO ORDER Mayor Pro Tem Dan Stewart called the meeting to order at 4:12 p.m. PST. 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 public comment. Mayor Pro Tem Stewart stated the meeting is being video recorded and streamed live to the Internet and on YouTube. Mayor Pro Tem Stewart asked City Clerk Jose Luis Valdez to confirm posting and roll call. II. CONFIRMATION OF POSTING Jose Luis Valdez, City Clerk, confirmed the Regular Meeting had been noticed in compliance with the Nevada Open Meeting Law and that all members of the City Council were present except for Mayor Michellle Romero who is excused. III. ROLL CALL Present and responding to roll call were the following: Carrie Cox, Councilwoman Jim Seebock, Councilman Dan K. Shaw, Councilman Dan H. Stewart, Mayor Pro Tem Not present (Excused): Michelle Romero, Mayor City Council Regular Meeting Page 2 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Staff Present: Richard Derrick, City Manager Nicholas Vaskov, City Attorney Maria Gamboa, Finance Director Jose Luis Valdez, City Clerk Edward Dichter, Assistant Director of Community Development and Services Lance Olson, Director of Public Works Michelle Reese, Deputy City Clerk IV. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Stewart invited Chaplaincy Pastor Donna Taaffe from Sin City Church to provide the invocation followed by the Pledge of Allegiance. V. PUBLIC COMMENT Jose Luis Valdez, City Clerk, read the meeting announcement regarding communications with members of the City Council and staff that are subject to applicable provisions of the Nevada Public Records Act and the Nevada Open Meeting Law, referral of issues of public concern to appropriate City Departments for their review, and limits on the ability of the City Council to respond or comment directly to questions presented by the public. City Clerk Valdez announced there were no public comment cards for the first public comment period and some public comment cards for the second public comment period. Mayor Pro Tem Stewart acknowledged the City Clerk’s announcement and invited members of the public to speak. The following persons spoke during the first public comment period:  Ivana Pearla commented on the Lakemoor Development issue.  William Cappiello, Zip Code 89011 commented on Lakemoor Development issue.  Kia Hurdick commented on the Lakemoor Development. City Council Regular Meeting Page 3 of 46 Tuesday, November 21, 2023 – DRAFT Minutes VI. ACCEPTANCE OF AGENDA (For Possible Action) Mayor Pro Tem Dan Stewart asked Richard Derrick, City Manager/CEO Richard, if there were any changes to the agenda as presented. City Manager/CEO Derrick announced the following changes:  Item 3 is withdrawn at the request of staff.  Item 5 is continued to the City Council Regular City Council Meeting of December 5, 2023, at the request of staff.  Item 7 is pulled from the Consent Agenda and Item 46 under Bills to Be Read in Title section to allow Mayor Pro Tem Dan Stewart the opportunity to abstain from voting and deliberation. Councilman Dan Shaw will preside over the meeting during the discussion of these items.  Agenda Items 37, 38, 41, and 42 related to the Lakemoor Development matter will be opened and heard together and voted on separately. Councilman Dan Shaw made the motion to approve the agenda as amended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 4 of 46 Tuesday, November 21, 2023 – DRAFT Minutes VII. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS 1 PRESENTATION 2023 TARGET INDUSTRY ANALYSIS REPORT FINDINGS CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Presentation by Emergent Method on the 2023 Target Industry Analysis Report findings. Strategic Priority: Economic Vitality The following staff members participated in this presentation including:  Economic Development and Tourism Director Jared Smith provided the introduction.  Robyn Styles, Managing Director, Emergent Method Management Consultant, provided a short PowerPoint presentation and addressed questions from the Council.  Nickoles Clason, Economic Development Specialist, City of Henderson, providing closing remarks. 2 PROCLAMATION BE KIND MONTH CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Proclamation declaring the month of November as Be Kind Month to encourage citizens to spread the message of kindness and the value of kind acts. Strategic Priority: Healthy, Livable, Sustainable City Richard Derrick, City Manager/CEO, introduced the item and invited the City Council to the gallery for the presentation. Mayor Pro Tem Dan Stewart was joined in the gallery by Councilwoman Cox, and Councilmen Shaw and Seebock, for the presentation of the proclamation Taylor Ray and Chana Edwards, Recreation Services Coordinators, with the City of Henderson Parks and Recreation Department. City Council Regular Meeting Page 5 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 3 PRESENTATION 2023 HEART OF THE CITY AWARD CMTS NUMBER(S): N/A GOVERNMENT AND PUBLIC AFFAIRS DEPARTMENT Presentation of the 2023 Heart of the City Award to Katie Wang for the exceptional acts of kindness that have enriched the lives of those who live, learn, work, and play in the City of Henderson. Strategic Priority: Healthy, Livable, Sustainable City Item withdrawn at the request of staff. No action taken. 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. Strategic Priority: High-Performing Public Service Richard Derrick, City Manager/CEO, presented the following items:  The City of Henderson was designated a Winner of the 23rd Annual Digital Cities Survey for cities with a population under 500,000 residents.  Alyssa Rodriguez, Information Technology Director, earned the 2023 Top Tech Community Exemplary Award from Vegas Inc. and Cox Business.  The City of Henderson earned Municipal Equity Index (MEI) Perfect Score of 100 from the Human Rights Campaign for the third year in a row. IX. CONSENT AGENDA UNLESS AN ITEM IS PULLED FOR DISCUSSION, COUNCIL WILL TAKE ACTION ON ALL CONSENT AGENDA ITEMS WITH ONE MOTION, ACCEPTING THE RECOMMENDATIONS AS STATED ON THE AGENDA ITEM. Richard Derrick, City Manager/CEO, presented the Consent Agenda as amended by the City Council except for Items 5 and 7 as announced under the Acceptance of Agenda section. City Council Regular Meeting Page 6 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Mayor Pro Tem Stewart entertained a motion to approve the Amended Consent Agenda as recommended. Councilwoman Carrie Cox made a motion to approve the Consent Agenda as Amended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 5 MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 7, 2023 CMTS NUMBER(S): N/A CITY CLERK'S OFFICE City Council Regular Meeting minutes of November 7, 2023. Strategic Priority: High-Performing Public Service THIS ITEM WAS CONTINUED TO THE REGULAR CITY COUNCIL MEETING OF DECEMBER 5, 2023, AT THE REQUEST OF STAFF. City Council Regular Meeting Page 7 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 6 OPTING OUT OF PROPOSED CLASS ACTION SETTLEMENTS AQUEOUS FILM-FORMING FOAM PRODUCTS LIABILITY LITIGATION, MDL NO. 2:18-MN-2873-RMG (MDL 2873) 3M COMPANY, E.I. DU PONT DE NEMOURS AND COMPANY N/K/A EIDP, INC., DUPONT DE NEMOURS INC., THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, AND CORTEVA, INC CMTS NUMBER(S): N/A CITY ATTORNEY'S OFFICE DEPARTMENT OF UTILITY SERVICES City of Henderson (“City”) opting out of proposed class action settlement with 3M Company (“3M”) and proposed class action settlement with Chemours Company, The Chemours Company FC, LLC, DuPont de Nemours, Inc., Corteva, Inc., and E.I. DuPont de Nemours and Company n/k/a EIDP, Inc. (“collectively, “the DuPont Entities”), which settlements are being entered into in the Aqueous Film-Forming Foam Products Liability Litigation (MDL 2873), given that the water delivered to the City by the Southern Nevada Water Authority (SNWA) comes from Lake Mead and its contaminant levels are well below the United States Environmental Protection Agency's proposed Maximum Contaminant Levels, the proposed settlement classes include more than 14,000 public water systems in the United States with varying damages and claims to the $10.5 billion to $12.5 billion being paid by 3M and the $1.185 billion being paid by the DuPont Entities, and any amount the City might receive under each settlement is nominal and in exchange the City would be releasing existing and future claims associated with the City’s public water system against 3M and the DuPont Entities and agreeing to not sue these companies; and authorize the City Attorney to sign and submit documents to effectuate the opt outs. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 8 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 7 DEV-2022011152 - STANDARD DEVELOPMENT AGREEMENT BOULEVARD SOUTH CMTS NUMBER(S): N/A APPLICANT: BOULEVARD SOUTH LAND COMPANY LLC COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT A Standard Development Agreement for Boulevard South between the City of Henderson and Boulevard South Land Company LLC, for the development of approximately 16.22 acres, generally located at the northeast corner of Las Vegas Boulevard and District Avenue, in the West Henderson Planning Area. Strategic Priority: Economic Vitality This item was pulled from the consent agenda at the request of staff and heard separately. Councilman Dan Shaw presided over the meeting during consideration of this item as Mayor Pro Tem Dan Stewart read the following abstention statement into the record: “This item is for the approval of a standard form development agreement for Boulevard South Land Company, LLC. My nephew, John Stewart, is a principal with Boulevard South Land Company. This is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgement on this matter. Therefore, I will abstain from deliberation and voting on this item.” Edward Dichter, Assistant Director of Community Development and Services, provided the background presentation and recommended approval. Councilman Jim Seebock made a motion to approve Item 7 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Voting nay: (None). Not present (Excused) (Excused): Mayor Michelle Romero Abstentions: Mayor Pro Tem Dan Stewart City Council Regular Meeting Page 9 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Result: Motion Passes. Mayor Pro Tem Stewart reassumed his duties as Presiding Chair following the conclusion of deliberations of Item 7. 8 APPROVE ALLOCATION VISIONS PARK AFFORDABLE HOUSING DEVELOPMENT VISIONS PARK, LLC FUNDING SOURCE: ACCOUNT FOR AFFORDABLE HOUSING TRUST FUND CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT Allocation of Account for Affordable Housing Trust Funds (AAHTF) in the amount of $1,519,000.00 to Visions Park, LLC, for the affordable housing development for blind and visually-impaired, low-income residents located in the City of Las Vegas and authorize the City Manager/CEO, or his designee, to enter into an agreement and related amendments for the allocation upon approval as to form by the City Attorney, or his designee. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused) (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 9 APPROVE LAND SALE NOMINATION SPRING/SUMMER 2025 BUREAU OF LAND MANAGEMENT (BLM) LAND SALE NOMINATIONS CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT City Council Regular Meeting Page 10 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Request for the City of Henderson to nominate one parcel of land (APN 179-16- 701-002) totaling approximately five (5) acres, generally located southeast of Racetrack Road and Burkholder Boulevard, for sale at the Spring/Summer 2025 Bureau of Land Management (BLM) Land Sale. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused) (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 10 CASH REQUIREMENTS REGISTER SEPTEMBER 22, 2023, THROUGH OCTOBER 26, 2023 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Cash Requirements Register for the period of September 22, 2023, through October 26, 2023, in the amount of $59,942,217.03. Strategic Priority: High-Performing Public Service Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused) (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 11 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 11 REPORT OF SALE BY MUNICIPAL TREASURER LOCAL IMPROVEMENT DISTRICT T-18 DELINQUENT ASSESSMENT SALE FOR CITY OF HENDERSON CMTS NUMBER(S): N/A FINANCE DEPARTMENT Report of Sale by Municipal Treasurer concerning Local Improvement District T-18, held on October 24, 2023. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 12 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICT (LID) CO-21 CMTS NUMBER(S): N/A FINANCE DEPARTMENT Notice of Sale of Properties for Delinquent Assessments in Local Improvement District (LID) CO-21, set date of the sale for April 23, 2024, and accelerate the assessment amounts due so that the entire remaining balance becomes due and payable. Strategic Priority: Healthy, Livable, Sustainable City City Council Regular Meeting Page 12 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 13 APPORTIONMENT REPORT AMENDMENT NO. 10 LOCAL IMPROVEMENT DISTRICT (LID) T-21 FOUNDERS UNIT 1 AMENDED AT BLACK MOUNTAIN RANCH CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report, Amendment No. 10, Local Improvement District (LID) T-21, Founders Unit 1 Amended at Black Mountain Ranch, dated September 21, 2023. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 13 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 14 APPORTIONMENT REPORT AMENDMENT NO. 11 LOCAL IMPROVEMENT DISTRICT (LID) T-21 FOUNDERS UNIT 2 AT BLACK MOUNTAIN RANCH CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report, Amendment No. 11, Local Improvement District (LID) T-21, Founders Unit 2 at Black Mountain Ranch, dated September 21, 2023. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 15 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 31 LOCAL IMPROVEMENT DISTRICT (LID) T-16 THE FALLS AT LAKE LAS VEGAS CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report, Amendment No. 31, Local Improvement District (LID) T-16, The Falls at Lake Las Vegas, Lot BB-1-1 & S-16A Phase 2A Amended, dated September 20, 2023. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, City Council Regular Meeting Page 14 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 16 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 76 LOCAL IMPROVEMENT DISTRICT (LID) T-18 INSPIRADA PORTION OF POD 6-1 AMENDED CMTS NUMBER(S): N/A FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 76, Local Improvement District (LID) T-18, Inspirada, Pod 6-1 Amended, dated September 21, 2023. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 17 PAYMENT AND ACQUISITION COSTS LOCAL IMPROVEMENT DISTRICT (LID) T-21 PROJECT 4 OFFSITE SEWER IMPROVEMENT FUNDING SOURCE: T-21 BOND PROCEEDS CMTS NUMBER(S): 27568 FINANCE DEPARTMENT City Council Regular Meeting Page 15 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Reimbursement payment related to Local Improvement District (LID) T-21, Project 4 Offsite Sewer Improvement in the amount of $247,971.00 to be paid from T-21 Bond Proceeds. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 18 AGREEMENT AUTO PHYSICAL DAMAGE / CONTRACTORS EQUIPMENT HANOVER INSURANCE GROUP FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE FUND CMTS NUMBER(S): N/A FINANCE DEPARTMENT Purchase of $86,116,525.00 of Auto Physical Damage/Contractors Equipment insurance for the City of Henderson and the Redevelopment Agency of the City of Henderson from Hanover Insurance Group for the policy period of November 22, 2023, through November 22, 2024, for a premium not to exceed $211,598.00. Strategic Priority: High-Performing Public Service Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). City Council Regular Meeting Page 16 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 19 AGREEMENT CYBER INSURANCE AXA XL INSURANCE COMPANY FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE FUND CMTS NUMBER(S): N/A FINANCE DEPARTMENT Purchase of $5,000,000.00 of Cyber and Technology Insurance Coverage for the City of Henderson and the Redevelopment Agency of the City of Henderson from AXA XL Insurance Company for the policy period of September 30, 2023, through September 30, 2025, for a premium of $224,360.00. Strategic Priority: High-Performing Public Service Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 20 AGREEMENT EXCESS PUBLIC ENTITY AND EXCESS LIABILITY INSURANCE SAFETY NATIONAL INSURANCE COMPANY, PRINCETON EXCESS AND GEMINI INSURANCE COMPANY FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE FUND CMTS NUMBER(S): N/A FINANCE DEPARTMENT City Council Regular Meeting Page 17 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Purchase of $15,000,000.00 of Excess Public Entity Liability and Excess Liability insurance for the City of Henderson and the Redevelopment Agency of the City of Henderson from Safety National Insurance Company, Princeton Excess and Gemini Insurance Company for the policy period of November 22, 2023, through November 22, 2024, for a premium not to exceed $982,593.68. Strategic Priority: High-Performing Public Service Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 21 AGREEMENT PROPERTY INSURANCE RENEWAL TRAVELERS INSURANCE FUNDING SOURCE: PROPERTY, LIABILITY AND OTHER INSURANCE FUND CMTS NUMBER(S): N/A FINANCE DEPARTMENT Purchase of $1,353,499,896.00 of property insurance for the City of Henderson and the Redevelopment Agency of the City of Henderson from Travelers Insurance for the policy period of November 22, 2023, through November 22, 2024, for a premium not to exceed $813,845.00. Strategic Priority: High-Performing Public Service Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. City Council Regular Meeting Page 18 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes 22 PURCHASE ORDER 3 ZOLL X SERIES ADVANCED MONITORS/DEFIBRILLATORS, ACCESSORIES, AND TECHNICAL SUPPORT ZOLL MEDICAL CORPORATION FUNDING SOURCE: FIRE DEPARTMENT CMTS NUMBER(S): N/A FIRE DEPARTMENT Issuance of a purchase order to Zoll Medical Corporation for the purchase of three (3) Zoll X Series Advanced monitors/defibrillators, accessories (batteries, chargers, cables, sensors, carrying case, 12-lead ECG simulators), associated software, and associated technical support and on-site service in a not-to-exceed amount of $187,360.78. Strategic Priority: Community Safety Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 19 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 23 PURCHASE ORDER 3 ZOLL AUTOPULSE SYSTEMS AND RELATED ACCESSORIES ZOLL MEDICAL CORPORATION FUNDING SOURCE: FIRE DEPARTMENT CMTS NUMBER(S): N/A FIRE DEPARTMENT Issuance of a purchase order to Zoll Medical Corporation for the purchase of three (3) Zoll AutoPulse systems and related accessories (batteries, chargers, and carrying cases), in a not-to-exceed amount of $55,499.36. Strategic Priority: Community Safety Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 24 AGREEMENT AMENDMENT #2 VEEAM AVAILABILITY SUITE PLUS SOFTWARE ZUNESIS, INC. FUNDING SOURCE: CITYWIDE SERVICES CMTS NUMBER(S): 19921 DEPARTMENT OF INFORMATION TECHNOLOGY Amendment #2 to extend the agreement between the City of Henderson and Zunesis, Inc., for three (3) additional years through November 18, 2026, to support the Veeam Availability Suite Plus Software, increasing the total amount of the agreement from $868,345.80 to $1,190,228.36, an increase of $321,882.56, in not-to-exceed amounts of $91,882.56 for FY24; $110,000.00 for FY25; and $120,000.00 for FY26. Strategic Priority: High-Performing Public Service City Council Regular Meeting Page 20 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 25 AGREEMENT AMENDMENT #7 INMATE COMMISSARY SERVICES TRINITY SERVICES, INC. FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): 16892 POLICE DEPARTMENT Agreement Amendment #7 between the City of Henderson and Trinity Service Group, Inc., to operate inmate commissary services and provide the inmate trust fund accounting system for the Henderson Detention Center, to extend the term expiration date from December 31, 2023, to July 31, 2024, and month to month thereafter. Strategic Priority: Community Safety Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 21 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 26 AWARD INVITATION FOR BIDS (IFB) 110-24 GENERATOR REPLACEMENT ENDLESS ENERGY ELECTRIC INC. FUNDING SOURCE: PUBLIC WORKS AND FACILITIES MAINTENANCE CMTS NUMBER(S): 27557 PUBLIC WORKS DEPARTMENT Award Invitation for Bids (IFB) 110-24 in the amount of $313,059.62; approve a total project budget of $400,000.00; approve the contract between Endless Energy Electric Inc., and the City of Henderson in the amount of the bid; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. Strategic Priority: Community Safety Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 27 AWARD INVITATION FOR BIDS (IFB) 100-24 LOCKING SUPPLIES ANIXTER INC., M.J.T. INCORPORATED DBA EWERT INC., INTERMOUNTAIN LOCK AND SUPPLY CO., AND WESTERN DETENTION INC. FUNDING SOURCE: PUBLIC WORKS AND FACILITY MAINTENANCE - CAPITAL PROJECTS CMTS NUMBER(S): 27548, 27561, 27562, 27563 PUBLIC WORKS DEPARTMENT Award Invitation for Bids (IFB) 100-24 Locking Supplies as follows: Lines 1, 2, 3, 4, 5 and 6 to Anixter Inc., M.J.T. Incorporated dba Ewert Inc., and Intermountain Lock And Supply Co.; Lines 2 and 5 to Western Detention Inc.; for the purchase of locking supplies at various City locations, on an as-needed basis, for the period through November 30, 2024; for a total estimated amount City Council Regular Meeting Page 22 of 46 Tuesday, November 21, 2023 – DRAFT Minutes of $250,000.00 annually, for a not-to-exceed amount of $312,500.00 annually, with the City's option to renew for up to four (4) additional one-year periods; approve the contracts between the City and the selected vendors; and authorize the City Manager/CEO to execute any subsequent amendments to extend the terms. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 28 SECOND SUPPLEMENTAL INTERLOCAL CONTRACT ANTHEM PARKWAY CHANNEL - HORIZON RIDGE TO SIENA HEIGHTS PROJECT HEN22B21 (DESIGN) FUNDING SOURCE: CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT CMTS NUMBER(S): 24762 PUBLIC WORKS DEPARTMENT Second Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for Anthem Parkway Channel - Horizon Ridge to Siena Heights (Project HEN22B21), to extend the completion date to December 31, 2024, to allow for the Federal Emergency Management Association (FEMA) to complete the Letter of Map Revision (LOMR). Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. City Council Regular Meeting Page 23 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 29 SECOND SUPPLEMENTAL INTERLOCAL CONTRACT WHITNEY RANCH CHANNEL REPLACEMENT PROJECT HEN07G20 (CONST) FUNDING SOURCE: CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT CMTS NUMBER(S): 24036 PUBLIC WORKS DEPARTMENT Second Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Whitney Ranch Channel Replacement Project, (HEN07G20) to extend the project completion date to December 31, 2024. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 30 USE AGREEMENT NEVADA STATE RAILROAD MUSEUM – BOULDER CITY STATE OF NEVADA DIVISION OF STATE LANDS CMTS NUMBER(S): 27571 PUBLIC WORKS DEPARTMENT City Council Regular Meeting Page 24 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Use Agreement between the City of Henderson and the State of Nevada, Division of State Lands, and the Nevada State Railroad Museum in Boulder City, to use a portion of City-owned railroad tracks between I-11 and Paradise Hills Drive for museum operations. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 31 AGREEMENT CAYENTA CUSTOMER PORTAL & AMI ON-CALL SUPPORT SERVICES N. HARRIS COMPUTER CORPORATION, CAYENTA DIVISION FUNDING SOURCE: WATER FUNDS CMTS NUMBER(S): 27565 DEPARTMENT OF UTILITY SERVICES Agreement between the City of Henderson and N. Harris Computer Corporation, to provide on-call support services for the Cayenta Customer Portal and Advanced Metering Infrastructure (AMI) used by the City, in a total not-to-exceed amount of $600,000.00 and with a term ending December 31, 2025. Strategic Priority: High-Performing Public Service Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). City Council Regular Meeting Page 25 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 32 AWARD OF CONTRACT TOWNSITE PHASE 4 WATER AND SEWER UTILITIES AMERICA UNITED CONSTRUCTION, INC. FUNDING SOURCE: WATER AND SEWER FUNDS CMTS NUMBER(S): 27533 DEPARTMENT OF UTILITY SERVICES Award Contract No. 2020-11-7073 (PWP-CL-2023-08), Townsite Phase 4 Water and Sewer Utilities, to America United Construction, Inc., in the amount of $8,447,317.90; approve a construction budget in the amount of $9,139,318.00; authorize the City Manager/CEO, or his designee, to approve and execute that contract; and authorize the Director of Utility Services, or her designee, to execute change orders within the approved construction budget. Strategic Priority: Healthy, Livable, Sustainable City Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 26 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 33 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE MINT INDIAN BISTRO CMTS NUMBER(S): N/A IDEA4LAS LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Idea4Las LLC, dba Mint Indian Bistro, 10740 South Eastern Avenue, Suite 155, Henderson, Nevada 89052. Strategic Priority: Economic Vitality Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 34 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE SBARRO CMTS NUMBER(S): N/A GAURAV GOYAL LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Gaurav Goyal LLC, dba Sbarro, 1301 West Sunset Road, Henderson, Nevada 89014. Strategic Priority: Economic Vitality Voting aye: City Council Regular Meeting Page 27 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 35 BUSINESS LICENSE FULL LIQUOR ON-SALE TOKYO SOCIAL HOUSE CMTS NUMBER(S): N/A ESSENCE & HERBS, LLC Request for non-operational status for the Full Liquor On-Sale business license for Essence & Herbs, LLC, dba Tokyo Social House, 15 Via Bel Canto, Suite 100, Henderson, Nevada 89011. Strategic Priority: Economic Vitality Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 36 BUSINESS LICENSE SECONDHAND DEALER, CATEGORY B, CLASS I HENDERSON AUTO SALES CMTS NUMBER(S): N/A City Council Regular Meeting Page 28 of 46 Tuesday, November 21, 2023 – DRAFT Minutes HAS LLC Application for the Secondhand Dealer, Category B, Class I business license for HAS LLC, dba Henderson Auto Sales, 520 West Sunset Road, Suite 13, Henderson, Nevada 89011. Strategic Priority: Economic Vitality Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan H. Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. X. PUBLIC HEARINGS PLEASE NOTE: THE RECORD SHALL REFLECT THAT ITEMS 37, 38, 41 AND 42 WERE ALL OPENED SIMULTANEOUSLY BUT NOTED ON SEPARATELY. Richard Derrick, City Manager/CEO, read Items 37, 38, 41 and 42 into the record by name and title and announced that they would all be heard simultaneously. Mayor Pro Tem Stewart clarified for the record that Items 37, 38, 41 and 42 would all be heard simultaneously but that the City Council would vote on each item separately. Mayor Pro Tem Dan Stewart acknowledged Edward Dichter, Assistant Director of Community Development and Services, who presented the following background summary: Mayor Pro Tem and Members of Council, We are going to read introductions for several related items for the Lakemoor Canyon development project at this time and you will vote on each item City Council Regular Meeting Page 29 of 46 Tuesday, November 21, 2023 – DRAFT Minutes individually. There are 2 memos to place the signed signature pages for the agreements into the record. Item 37 Item 37 includes a Negotiated Development Agreement for a 1,026 acre Planned Community with a maximum of 3,000 residential units, including a maximum of 900 age-restricted units. The agreement includes contributions for schools, police, and fire. This does include a Zone Change to rezone the entire site to Planned Community zoning. Specific Development Standards have been created to guide the development of this project. A 19-lot parent tentative map is also included. Item 38 VAC-2022011869 Request to vacate a portion of government ROW grant and public road easement in Lakemoor Canyon that are no longer necessary with the proposed project development. Staff and Planning Commission recommended approval of both items. Item 41 Park Agreement for Lakemoor – The Park Agreement is separate from the Development Agreement, but both agreements cross-reference each other and were negotiated to address the requirements of serving a Planned Community of the size and location of Lakemoor. The Park Agreement requires Pulte, the Master Developer, to design and build 39.6 acres of parks and trails within the Planned Community to satisfy City’s requirements for a development of this size. Specifically, the Master Developer will provide three parks over time as the neighborhoods are developed and they will be owned and maintained by the Master Developer or an Association. All Parks and Trails.  The public will have access to all parks and trails constructed in the development on the same days and times as an equivalent City Park or Trails would be available.  The Master Developer is required to grant public access easements on all Parks and Trails for the City and the public’s benefit. City Council Regular Meeting Page 30 of 46 Tuesday, November 21, 2023 – DRAFT Minutes  City will have the right to program all publicly accessible Parks and Trails. Staff recommends approval. Item 42 was presented by Anthony Molly, Redevelopment Agency Manager. Manager Molloy indicated that additional backup materials were also added to Agenda Item 42 to include signed signature pages for the Owner Participation Agreement (OPA) by the Master Developer enjoinder. At the Redevelopment Agency Board Meeting earlier in the day, the Board approved the Owner Participation Agreement (OPA) that provides the deal points that financially makes the Lakemoor Canyon project feasible. Because the City of Henderson is party to that agreement, this item is required to be approved by the City Council. If approved, the OPA will provide financial assistance to the developer for specific improvements that will be made at the project site. The following are the deal points of the agreement that were also approved at the Redevelopment Agency Board Meeting:  The project will consist of approximately 3000 dwelling units.  The cost of remediation and reclamation work is approximately Two Hundred Fifty-Six Million Dollars ($256,000,000.00).  Financial assistance is for a total of Five Hundred Fifty Million Dollars ($550,000,000.00) with a cap of Two Hundred Fifty Million Dollars ($250,000,000.00) for principle.  The note shall accrue an interest rate of six percent (6%).  From years one through twenty-five (1-25), the participant will receive eighty-five percent (85%) of the tax increment that is generated from this project only.  The amount of the tax increment received will be reduced to eighty percent (80%) for year 26 and after through the life of the redevelopment area.  Commencement of the remedy will take place within twelve (12) months of the land transfer and completion of the remedy will take place within thirty-two (32) months of the land transfer.  Upon the land transfer taking place, the developer will provide financial assurance in the total amount of Thirty-One Million, Two Hundred Thousand Dollars ($32,100,000.00) of which Ten Million Dollars ($10,000,000.00) will be deposited into the NDEP Financial Assurance Account in readily available funds and the balance will be provided by a performance bond. City Council Regular Meeting Page 31 of 46 Tuesday, November 21, 2023 – DRAFT Minutes  Within twelve (12) months of the land transfer, all commencement of the remediation, the performance bond will be replaced by readily available funds. Mayor Pro Tem Stewart then recognized Tom Amick and John Marciano, both of Henderson, Nevada, both representatives for the Applicant in this matter. Mr. Amick indicated that he and Mr. Marciano were appearing on behalf of Lakemoor Ventures, LLC and PN2 Inc., a.k.a., Pulte Homes for the Lakemoor Project. Mr. Amick began by indicating that his presentation would now review everything that will happen after the site is cleaned up and the site is ultimately developed. Mr. Amick introduced Mr. Andy Baron who presented a PowerPoint overview of the project that covered three major areas of the Development Process including:  Development Agreement, Zoning, and Parent Tentative Map Submittal (12/20/2022).  Neighborhood Meeting per City requirements (03/20/2023).  Planning Commission – Unanimous Approval (09/14/2023). Mr. Baron thanked the City Council for the opportunity to address them. Mayor Pro Tem Stewart recognized Councilman Jim Seebock. Councilman Seebock asked City Attorney Nicholas Vaskov to outline the options available to the City Council regarding the recommended actions for the Lakemoor Project. City Attorney Vaskov responded to Councilman Seebock’s question as follows:  Option One would be for the federal government to step in including an allocation of federal funds by Congress to clean up this area and put this land into productive use. This option appears to be unrealistic given current Congressional disfunctions associated with budgetary allocations.  Option Two would be for the City of Henderson to insert itself, take control and ask the U.S. Congress to give the City the authority to clean up the property, take ownership of the property, do the clean up ourselves, and try to make the property productive that way. This puts a great deal of financial risk and environmental liability on the City which is not realistic. City Council Regular Meeting Page 32 of 46 Tuesday, November 21, 2023 – DRAFT Minutes  Option Three includes the course of action recommended by staff involving a third-party private development group to come in and use the advantages they have as a market participant and incentives to capitalize that risk and to come in take the financial and legal liability risk and do the work themselves getting some incentives through reimbursement from the tax increment that will be generated.  City Attorney Vaskov dispelled the misnomer about the City providing the financing for this development. Mr. Vaskov noted that it is actually the developer financing the entire project including the clean-up, remediation, and public improvements on the front end as the tax increment is a lagging source of revenue that substantially prolongs the recuperation of development investments. Councilman Seebock thanked Mr. Vaskov for his response. Councilman Seebock noted that the proposed development property generated only $3000.00 in property tax revenue during the 2022 tax year and that subsequent property tax receipts as a result of the proposed development would be substantially increased for the City of Henderson. Councilman Seebock asked Mr. Amick to confirm that the project was being overseen by the Nevada Department of Environmental Protection (NDEP). Mr. Amick responded in the affirmative as far as the remediation measures outlined in the development plan. Mr. Seebock asked Mr. Amick to confirm the initial investment of $31,200,000.00 by the developer, Pulte Homes. Mr. Amick explained that the total cost of the remediation is $31,200,000.00 to address all clean-up requirements (the tailings). As soon as the land is transferred from the federal government, Pulte Homes is obligated to put $10,000,000.00 in cast on deposit with NDEP in cash and then bond for the remaining balance of $21,200,000.00. If the developer, Pulte Homes, has not commenced construction within one year, Pulte Homes will then have to deposit the outstanding bonded balance of $21,200,000.00 in cash on deposit with NDEP to finish the clean-up. If Pulte Homes does not, and if NDEP does not, then the City will have the authority to access the money to complete the clean-up. Mr. Seebock then asked Mr. Amick who would be paying for police, fire, and infrastructure costs associated with the proposed development project. Mr. Amick explained the building permit thresholds would trigger contributions by City Council Regular Meeting Page 33 of 46 Tuesday, November 21, 2023 – DRAFT Minutes the developer as outlined in the development agreement that also include investments in the local school district. Mr. Seebock concluded his inquiries by thanking and complimenting staff on their countless hours of work and their steadfast commitment to this project. Mayor Pro Tem Stewart then recognized Councilwoman Carrie Cox. Councilwoman Cox asked Mr. Amick about the availability of programming for the multi-purpose fields created by the proposed development. Mr. Amick responded affirmatively highlighting that the Parks agreement within the overall development agreement. Councilwoman Cox then asked City Attorney Nicholas Vaskov to address the statutory deadlines established in the enabling federal legislation for clean-up projects like the proposed Lakemoor Project. In response to Councilwoman Cox’s question, Mr. Vaskov explained that time was of the essence with this type of project due to impending legislatively established deadlines set to expire in 2024. Mr. Vaskov expanded by explaining that the proposed Lakemoor Project framework is contemplated in the enabling federal legislation. Councilwoman Cox then asked James Dodson and Alan Pineda from the Nevada Department of Environmental Protection (NDEP) to address concerns raised by a Henderson resident during the public comment period. Mr. Dodson reiterated his understanding of the issue raised during public comment that claimed that the proposed development activities would increase the risk to the public. Mr. Dodson disagreed with this assessment by characterizing it as illogical and it is his position that these concerns are overblown. Mr. Dodson indicated that there is no other way for this site to be cleaned up and that taking no action would be worse. Mayor Pro Tem Dan Stewart then recognized Councilman Dan Shaw. Mr. Shaw then asked Andy Baron from Pulte Homes to reiterate his resume including the identification with some of the projects in which he has participated. Mr. Baron indicated that he and Mr. Amick were both part of the Black Mountain Golf Course renovation project. His most significant project in Henderson has been the Inspirada Development Project on which he has also worked with Mr. Amick for the last 20 years and countless other around the Las Vegas Valley. City Council Regular Meeting Page 34 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Councilman Shaw explained that he asked Mr. Baron to recount his development experience to highlight his involvement in high-quality projects that deliver high-quality results. Mr. Shaw emphasized the need to clean up the site of the proposed development as well as securing investments in police, fire, and educational services. The ultimate goal is not just the clean up but also to create a quality project. Mr. Amick extended his sincerest thanks to City of Henderson Staff for their steadfast support. Mr. Amick also thanked Councilman Shaw for his counsel and leadership during this project. Mayor Pro Tem Stewart also thanked the City Attorney’s Office including City Attorney Nicholas Vaskov, Assistant City Attorney Sally Galati, and Assistant City Attorney Bethany Sanchez for their support. There being no further questions or comments from the City Council, Mayor Pro Tem announced the opening of the public hearing and entertained public comment for all four items. The following person provided public comment:  Dr. William Cappiello, zip code 89011, spoke against the recommended actions and advocated for a fourth option to “do nothing”. In response, Mr. Amick stated that NDEP is over-seeing this project directly.  Chaya Hendrick, zip code 89011, spoke in favor of the recommended actions and indicated that substantial community participation had occurred and she was encouraged by NDEP’s participation in this project.  Ivana Pearla (no zip code available) urged everyone to keep common sense in mind and emphasized the value in seeking out independent opinions in matters of personal and public health. She proposed that an independent study be completed regarding the Lakemoor Project. Mayor Pro Tem Stewart closed the public comment period. Mayor Pro Tem Stewart entertained deparate motions for Agenda Items 37, 38, 41 and 42. Motions and votes for each item are noted separately for the record. 37 CONTINUED ITEM PUBLIC HEARING A) DEV-2022011874 - DEVELOPMENT AGREEMENT B) ZCA-2022011872 - ZONE CHANGE C) TMA-2022011873 - TENTATIVE MAP LAKEMOOR CMTS NUMBER(S): N/A City Council Regular Meeting Page 35 of 46 Tuesday, November 21, 2023 – DRAFT Minutes APPLICANT: LAKEMOOR VENTURES, LLC A) Development Agreement and Development Standards for a Planned Community on 1,026 acres; B) Rezone from DH (Development Holding) on 18.2 acres, DH-G (Development Holding with Gaming Enterprise Overlay) on 239.6 acres, DH-G-H (Development Holding with Gaming Enterprise and Hillside Overlays) on 2.6 acres, PS (Public/Semipublic) on 5.4 acres, PS-G (Public/Semipublic with Gaming Enterprise Overlay) on 0.3 acres, and 759.9 acres of land with no established zoning to PC-RD (Planned Community with Redevelopment Overlay) on 600.4 acres and PC-H-RD (Planned Community with Hillside and Redevelopment Overlays) on 425.6 acres; and C) A 19-lot (12 parent, 7 remnant) Parent Tentative Map on 1,148.3 acres; located south of the intersection of Lake Mead Parkway and Lake Las Vegas Parkway, in the Lakemoor Canyon Redevelopment and Foothills Planning Areas. (This item was continued from the City Council Regular Meeting of October 3, 2023.) Strategic Priority: Healthy, Livable, Sustainable City As noted above, Mayor Pro Tem Stewart then entertained a motion for Agenda Item 37. Councilman Dan Shaw made a motion to approve Agenda Item 37 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 36 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 38 CONTINUED ITEM VAC-2022011869 - VACATION LAKEMOOR CMTS NUMBER(S): N/A APPLICANT: LAKEMOOR VENTURES, LLC A petition to vacate a portion of a government right-of-way grant and public road easement generally located southwest of the intersection of Lake Las Vegas Parkway and Lake Mead Parkway, in the Lakemoor Canyon Redevelopment and Foothills Planning Areas. (This item was continued from the City Council Regular Meeting of October 3, 2023.) Strategic Priority: Healthy, Livable, Sustainable City As noted above, Mayor Pro Tem Stewart then entertained a motion for Item 38. Councilman Jim Seebock made a motion to approve Item 38 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 39 PUBLIC HEARING MEMORANDUM OF AGREEMENT NEW FIRE CAPTAIN POSITIONS INTERNATIONAL ASSOCIATION OF FIREFIGHTERS 1883 FUNDING SOURCE: GENERAL FUND CMTS NUMBER(S): N/A HUMAN RESOURCES DEPARTMENT City Council Regular Meeting Page 37 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Approve the Memorandum of Agreement to amend Articles 6 and 30 of the current Labor Agreement between the City of Henderson and the International Association of Fire Fighters Local 1883 in order to authorize three (3) new Fire Captain positions to be assigned to a thirty-eight (38) hour workweek in the Training Division. Strategic Priority: High-Performing Public Service Richard Derrick, City Manager/CEO, introduced the item by name and title and recommended approval. Carlos McDade, Chief Labor Negotiator with the City of Henderson Human Resources Department, presented the item. Staff requested approval of the Memorandum of Agreement (MOA) modifying the current labor agreement between the City of Henderson and the International Association of Fire Fighters (IAFF) Local 1883 in order to authorize three new fire captain positions at a total cost of $697,900.00 including salary and benefits. Mayor Pro Tem Stewart opened the public hearing and entertained public comment. No public comment was presented. Mayor Pro Tem Stewart closed the public hearing. Mayor Pro Tem Stewart entertained a motion for Item 39. Councilwoman Carrie Cox made a motion to approve Item 39 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). City Council Regular Meeting Page 38 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Result: Motion Passes. XI. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE BILLS REFERRED FOR ADOPTION FROM THE CITY COUNCIL COMMITTEE MEETING, AS PROVIDED IN THE HENDERSON CITY CHARTER, SECTION 2.100. 40 BILL NO. 3750 DEV-2023012422 - STANDARD DEVELOPMENT AGREEMENT – THE STACK CMTS NUMBER(S): N/A CITY ATTORNEY'S OFFICE COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT APPLICANT: THE STACK AUTO LOFTS, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN STANDARD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE STACK AUTO LOFTS, LLC, ON APPROXIMATELY 5.0 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF LARSON LANE AND ROME STREET, IN THE WEST HENDERSON PLANNING AREA. Strategic Priority: Economic Vitality Richard Derrick, City Manager/CEO, read Item 40 into the record as Bill No 3750 and recommended adoption as Ordinance Number 3993. Councilman Dan Shaw made a motion to approve Item 40 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). City Council Regular Meeting Page 39 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Result: Motion Passes. XII. NEW BUSINESS 41 AGREEMENT LAKEMOOR PARK AGREEMENT PN II, INC. CMTS NUMBER(S): N/A PARKS AND RECREATION DEPARTMENT APPLICANT: PN II, INC., A NEVADA CORPORATION DBA PULTE HOMES OF NEVADA Lakemoor Park Agreement, between City of Henderson and PN II, Inc., a Nevada corporation dba Pulte Homes of Nevada, for the development of the parks and trails located within the Lakemoor Planned Community consisting of approximately 3,000 residential dwelling units. Strategic Priority: Economic Vitality As noted above, Mayor Pro Tem Stewart entertained a motion for Item 41. Councilman Jim Seebock made a motion to approve Item 41 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. 42 OWNER PARTICIPATION AGREEMENT LAKEMOOR VENTURES, LLC, AND PN II, INC., DBA PULTE HOMES OF NEVADA CMTS NUMBER(S): N/A City Council Regular Meeting Page 40 of 46 Tuesday, November 21, 2023 – DRAFT Minutes REDEVELOPMENT Owner Participation Agreement between the City of Henderson Redevelopment Agency, City of Henderson, LakeMoor Ventures, LLC, and PN II Inc., dba Pulte Homes of Nevada to provide for the conveyance of approximately 851 acres of land from the federal government to the Redevelopment Agency and then to PN II, Inc. and also to provide potential financial incentives not to exceed $550,000,000 (including principal and interest) for the development of up to 3,000 dwelling units on approximately 1,259 acres on and around the former site of the Three Kids Mine generally located south of East Lake Mead Parkway (between Lorin C. Williams Parkway and First Dawn Street) in Henderson, Nevada, in the Lakemoor Canyon Redevelopment Area. Strategic Priority: Economic Vitality As noted above, Mayor Pro Tem Stewart entertained a motion for Item 42. Councilman Jim Seebock made a motion to approve Item 42 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. XIII. BILLS TO BE READ IN TITLE UNLESS AN ITEM IS PULLED FOR DISCUSSION, COUNCIL WILL TAKE ACTION ON ALL BILLS TO BE READ IN TITLE WITH ONE MOTION, REFERRING THE BILLS TO THE NEXT CITY COUNCIL COMMITTEE MEETING FOR COUNCIL AND PUBLIC DISCUSSION, AS STATED IN THE HENDERSON CITY CHARTER, SECTION 2.100.1 “ORDINANCES: ENACTMENT PROCEDURE; EMERGENCY ORDINANCES”. Richard Derrick, City Manager/CEO, presented Items 43, 44 and 45 and read the following Bills in title: City Council Regular Meeting Page 41 of 46 Tuesday, November 21, 2023 – DRAFT Minutes  Bill 3751 for item 43 for Item 37 (continued item)  Bill 3752 for Item 44 for Item 37 (continued item, previously printed as Bill 3750)  Bill 3753 for Item 45 for Item 41 Mr. Derrick announced that the City Council will take action on all bills in one motion. The recommendation is to refer Bills 3751, 3752, and 3753 to the Committee Meeting of December 5, 2023, for review and recommendation. Mayor Pro Tem Dan Stewart entertained a Motion to Refer Bills 3751, 3752, and 3753 as recommended. Councilman Dan Shaw made a motion to approve Item 43, 44, and 45 as recommended by staff. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Mayor Pro Tem Dan Stewart. Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: (None). Result: Motion Passes. City Council Regular Meeting Page 42 of 46 Tuesday, November 21, 2023 – DRAFT Minutes 43 CONTINUED ITEM ACCOMPANYING BILL NO. 3751 FOR ITEM 37 ZCA-2022011872 LAKEMOOR CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES APPLICANT: LAKEMOOR VENTURES, 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 PORTIONS OF SECTIONS 26, 34, 35, AND 36, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D. & M., CLARK COUNTY, NEVADA, ON 1,026 ACRES LOCATED SOUTH OF THE INTERSECTION OF LAKE MEAD PARKWAY AND LAKE LAS VEGAS PARKWAY, IN THE LAKEMOOR CANYON REDEVELOPMENT AND FOOTHILLS PLANNING AREAS, FROM DH (DEVELOPMENT HOLDING) ON 18.2 ACRES, DH-G (DEVELOPMENT HOLDING WITH GAMING ENTERPRISE OVERLAY) ON 239.6 ACRES, DH-G-H (DEVELOPMENT HOLDING WITH GAMING ENTERPRISE AND HILLSIDE OVERLAYS) ON 2.6 ACRES, PS (PUBLIC/SEMIPUBLIC) ON 5.4 ACRES, PS-G (PUBLIC/SEMIPUBLIC WITH GAMING ENTERPRISE OVERLAY) ON 0.3 ACRES, AND 759.9 ACRES OF LAND WITH NO ESTABLISHED ZONING TO PC-RD (PLANNED COMMUNITY WITH REDEVELOPMENT OVERLAY) ON 600.4 ACRES AND PC-H-RD (PLANNED COMMUNITY WITH HILLSIDE AND REDEVELOPMENT OVERLAYS) ON 425.6 ACRES. (This item was continued from the City Council Regular Meeting of October 3, 2023.) Strategic Priority: Healthy, Livable, Sustainable City 44 CONTINUED ITEM ACCOMPANYING BILL NO. 3752 FOR ITEM 37 (PREVIOUSLY PRINTED AS BILL NO. 3750) DEV-2022011874 LAKEMOOR CMTS NUMBER(S): N/A COMMUNITY DEVELOPMENT AND SERVICES APPLICANT: LAKEMOOR VENTURES, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, ADOPTING A DEVELOPMENT AGREEMENT AND DEVELOPMENT STANDARDS FOR A PLANNED COMMUNITY ON 1,026 ACRES LOCATED SOUTH OF THE INTERSECTION OF LAKE MEAD City Council Regular Meeting Page 43 of 46 Tuesday, November 21, 2023 – DRAFT Minutes PARKWAY AND LAKE LAS VEGAS PARKWAY, IN THE LAKEMOOR CANYON REDEVELOPMENT AND FOOTHILLS PLANNING AREAS. (This item was continued from the City Council Regular Meeting of October 3, 2023.) Strategic Priority: Healthy, Livable, Sustainable City 45 ACCOMPANYING BILL NO. 3753 FOR ITEM 41 LAKEMOOR PARK AGREEMENT PN II, INC. CMTS NUMBER(S): N/A PARKS AND RECREATION DEPARTMENT, APPLICANT: PN II, INC., A NEVADA CORPORATION DBA PULTE HOMES OF NEVADA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN LAKEMOOR PARK AGREEMENT BETWEEN THE CITY OF HENDERSON AND PN II, INC., A NEVADA CORPORATION DBA PULTE HOMES OF NEVADA, TO ESTABLISH THE TERMS AND PROVISIONS FOR CERTAIN PARK AND TRAIL IMPROVEMENTS AND OTHER AMENITIES AND TO ESTABLISH PN II INC.'S RESPONSIBILITIES FOR DESIGN, CONSTRUCTION, OWNERSHIP, AND MAINTENANCE OBLIGATIONS THEREFOR IN RELATION TO A RESIDENTIAL DEVELOPMENT CONSISTING OF 1,026 ACRES, MORE OR LESS, GENERALLY LOCATED SOUTH OF LAKE MEAD PARKWAY, BETWEEN LORIN C. WILLIAMS PARKWAY AND FIRST DAWN STREET IN HENDERSON, NEVADA, IN THE FOOTHILLS PLANNING AREA. Strategic Priority: Economic Vitality 46 ACCOMPANYING BILL NO. 3754 FOR ITEM NO. 7 DEV-2022011152 - STANDARD DEVELOPMENT AGREEMENT BOULEVARD SOUTH CMTS NUMBER(S): N/A APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN STANDARD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND BOULEVARD SOUTH LAND COMPANY, LLC, ON APPROXIMATELY 16.22 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF LAS VEGAS BOULEVARD AND DISTRICT AVENUE, IN THE WEST HENDERSON PLANNING AREA. City Council Regular Meeting Page 44 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Strategic Priority: Economic Vitality Councilman Dan Shaw presided over the meeting during consideration of this item as Mayor Pro Tem Dan Stewart read the following abstention statement into the record: “This item is the bill for a standard form development agreement for Boulevard South Land Company, LLC. My nephew, John Stewart, is a principal with Boulevard South Land Company. This is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgement on this matter. Therefore, I will abstain from deliberation and voting on this item.” Richard Derrick, City Manager/CEO, presented Item 46 and read Bill 3754 for Item 7 into the record by title and recommended that Bill 3754 be referred to the Committee Meeting of December 5, 2023, for review and recommendation. Councilman Jim Seebock made a motion to approve Item 46 as recommended. The voting results were as follows: Voting aye: Councilwoman Carrie Cox, Councilman Jim Seebock, Councilman Dan K. Shaw, Voting nay: (None). Not present (Excused): Mayor Michelle Romero Abstentions: Mayor Pro Tem Dan Stewart Result: Motion Passes. Mayor Pro Tem Stewart reassumed his duties as Presiding Chair following the conclusion of deliberations of Item 46. XIV. MAYOR\COUNCILMEMBER COMMENTS Mayor Pro Tem Stewart recommended that the public visit the City of Henderson website and H2 One page that discusses additional incentives over and above those offered by the Southern Nevada Water Authority (SNWA) for turf removal within the City of Henderson. City Council Regular Meeting Page 45 of 46 Tuesday, November 21, 2023 – DRAFT Minutes Councilwoman Cox also requested that her vote on Consent Item 12 be changed to No. XV. SET MEETING Mayor Pro Tem Stewart set the next Committee and Regular Meetings for Tuesday, December 5, 2023. XVI. PUBLIC COMMENT Mayor Pro Tem Stewart opened the Second Public Comment Period. Jose Luis Valdez, City Clerk, announced that Mr. Dan Gibson’s name had been added to the public comment queue. Mayor Pro Tem Stewart invited Mr. Gibson to the podium. Mr. Gibson provided heartfelt comments regarding the tragic death of his family’s dog, Buddy, who was killed by a hit and run driver along Pueblo Road near Yuma Road while his wife was out walking him during the evening the previous Wednesday evening. He reminded the City Council that this was the same issue that his wife had commented upon at the November 7th City Council Meeting. He acknowledged that the City of Henderson Public Works Engineer did contact his wife and indicated that the concerns related to the aforementioned street were not an engineering problem, bur rather a speed enforcement problem. He further indicated that they were also contacted by the Henderson Police Department but that they were advised that the issue was not related to speed enforcement, but rather that it was an engineering issue. Mr. Gibson implored the City Council to take immediate action to address this issue as soon as possible. City Council Regular Meeting Page 46 of 46 Tuesday, November 21, 2023 – DRAFT Minutes XVII. ADJOURNMENT Mayor Pro Tem Stewart adjourned the meeting session at 5:28 p.m. PST. PASSED AND APPROVED THIS 19TH DAY OF DECEMBER 2023. ______________________ Dan H. Stewart Mayor Pro Tem ATTEST: _____________________ Jose Luis Valdez, CMC City Clerk