City Council Special

CITY OF HENDERSON CITY COUNCIL MINUTES SPECIAL MEETING Tuesday, July 7, 2020 I. CALL TO ORDER Mayor March called the Special Meeting to order at 3:32 p.m., in the City Council Chambers, City Hall, 240 South Water Street, Henderson, Nevada 89015. Mayor March announced due to the COVID-19 related Public Meeting Restrictions in effect at this time, there will be no in-person attendance at this meeting, and those present will be practicing social distancing in conformance with the State of Nevada Executive Department Declaration of Emergency Directive 006, dated March 22, 2020, and extended by the following Emergency Directives: Emergency Directive 010, dated March 31, 2020; Emergency Directive 016, dated April 29, 2020; Emergency Directive 018, dated May 7, 2020; Emergency Directive 21, dated May 28, 2020; and Emergency Directive 26, dated June 29, 2020, extending public meeting closures and restrictions through July31, 2020, at 11:59 p.m. The public may view or listen to this meeting online at https://cityofhenderson.com/ or YouTube, and may submit written comments via WebEx or email at cityclerk@cityofhenderson.com or indicate their desire to speak on an item in real time via WebEx. Mayor March also stated if online participants experience any technical difficulties participating in today’s meeting, they may contact 702-267-2300 for assistance. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Special Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing and emailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing and Emailing List. Present: Debra March, Mayor John F. Marz, Councilman Dan K. Shaw, Councilman Dan H. Stewart, Councilman Absent: Michelle Romero, Councilwoman Henderson City Council Special Meeting Page 2 of 34 Tuesday, July 7, 2020 – Minutes Officers: Richard Derrick, City Manager/CEO Sabrina Mercadante, City Clerk Nicholas Vaskov, City Attorney Absent: None Staff: Lisa Corrado, Asst. Director of Community Dev. and Services Jim McIntosh, Chief Financial Officer Ed McGuire, Director of Public Works Amber Ellis, Supervising Deputy City Clerk April Parra, Administrative Deputy City Clerk Janet Sandifer, Deputy City Clerk Andre Dixon, Deputy City Clerk III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Tim Viet, retired Battalion Chief with the City of Henderson Fire Department, and was followed by the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA CA-25 was pulled for discussion and heard with items PH-28 and PH-29 and voted on in the following order PH-28, PH-29, and CA-25. PH-26 was withdrawn at the request of the applicant. PH-30, PH-31, and B-39 were continued to the July 21, 2020, City Council meeting at the request of the applicant. (Motion) Councilman Dan H. Stewart moved to accept the agenda as amended. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. V. CITY MANAGER'S REPORT City Manager/CEO, Richard Derrick, said during the month of July, the City of Henderson will be joining cities across the country to celebrate Park and Recreation Month, a program of the National Recreation and Park Association. He stated this year’s theme is “We Are Parks and Recreation”, which recognizes the people of parks and recreation and showcases their selfless work to provide essential services. Henderson City Council Special Meeting Page 3 of 34 Tuesday, July 7, 2020 – Minutes Mr. Derrick congratulated Jessica Lyons on being named 2020 Public Risk Manager of the Year. He said this recognition celebrates leaders in risk management with the ability to handle losses, foresee risks, and prevent dangerous endgames. VI. CONSENT AGENDA City Manager/CEO Derrick opened the public comment and invited online participants to submit their comments via email or WebEx for the Consent Agenda, with the exception of CA-25, which was pulled for discussion to be heard with items PH-28 and PH-29. CA-1 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS JUNE 16, 2020 CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of June 16, 2020. (Motion) Councilman Dan K. Shaw moved to adopt the City Council Committee and Regular Meeting minutes of June 16, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-2 EXTENSION TO MAINTENANCE AND SUPPORT AGREEMENT # 001907-000 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) IDEMIA IDENTITY & SECURITY USA LLC FUNDING SOURCE: CITYWIDE SERVICES CMTS NO. 23572 DEPARTMENT OF INFORMATION TECHNOLOGY Extension to maintenance and support agreement # 001907-000 between City of Henderson and Idemia Identity & Security USA LLC, for the Automated Fingerprint Identification System (AFIS) maintenance support services, for one year ending June 30, 2021, in the estimated amount of $169,821.00 for fiscal year 20/21. Henderson City Council Special Meeting Page 4 of 34 Tuesday, July 7, 2020 – Minutes (Motion) Councilman Dan K. Shaw moved to approve the extension to Maintenance and Support Agreement # 001907-000 between City of Henderson and Idemia Identity & Security USA LLC, for the Automated Fingerprint Identification System (AFIS) maintenance support services, for one year ending June 30, 2021, in the estimated amount of $169,821.00 for fiscal year 20/21. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-3 AWARD INVITATION FOR BIDS (IFB) 146-20 EMS MEDICAL SUPPLIES ANNUAL BLANKET PURCHASE ORDERS FUNDING SOURCE: GENERAL FUNDS CMTS NO. 23614, 23615, 23616, 23617 FIRE DEPARTMENT Award Invitation for Bids (IFB) 146-20 EMS Medical Supplies, Lots 1 through 4 to Life-Assist, Inc.; Henry Schein, Inc.; Medline Industries; and Bound Tree Medical, LLC, for the purchase of Emergency Medical Services (EMS) medical supplies on an as-needed basis for the period July 1, 2020, through June 30, 2021, with the option to renew for two (2) additional two-year periods; approve issuance of a blanket purchase order to each of those suppliers for EMS medical supplies for an estimated total annual amount of $653,646.00 for FY21; $751,692.00 for FY22; $864,446.00 for FY23; $994,113.00 for FY24; and $1,143,230.00 for FY25; and approve the contracts between the City and the approved suppliers. (Motion) Councilman Dan K. Shaw moved to award Invitation for Bids (IFB) 146-20 EMS Medical Supplies, Lots 1 through 4 to Life-Assist, Inc.; Henry Schein, Inc.; Medline Industries; and Bound Tree Medical, LLC, for the purchase of Emergency Medical Services (EMS) medical supplies on an as-needed basis for the period July 1, 2020, through June 30, 2021, with the option to renew for two (2) additional two-year periods; approve issuance of a blanket purchase order to each of those suppliers for EMS medical supplies for an estimated total annual amount of $653,646.00 for FY21; $751,692.00 for FY22; $864,446.00 for FY23; $994,113.00 for FY24; and $1,143,230.00 for FY25; and approve the contracts between the City and the approved suppliers. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 5 of 34 Tuesday, July 7, 2020 – Minutes CA-4 BI-ANNUAL REPORT AGGREGATED DATA CONCERNING HENDERSON DETENTION CENTER POLICE DEPARTMENT Bi-annual report of aggregated data as required by Nevada Revised Statute 211.117 referencing that there were no in-custody deaths of inmates at the Henderson Detention Center for the reporting period of October 1, 2019, to April 1, 2020. (Motion) Councilman Dan K. Shaw moved to accept the bi-annual report of aggregated data as required by Nevada Revised Statute 211.117 referencing that there were no in-custody deaths of inmates at the Henderson Detention Center for the reporting period of October 1, 2019, to April 1, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-5 FIRST AMENDED AND RESTATED INTERLOCAL AGREEMENT SOUTHERN NEVADA WATER AUTHORITY ELECTRIC POWER FOR CITY WATER AND WASTEWATER FACILITIES CMTS NO. 13006 DEPARTMENT OF UTILITY SERVICES First Amended and Restated Interlocal Agreement between the City of Henderson (“City”) and the Southern Nevada Water Authority (SNWA), for SNWA to supply a portion of the electric power needs for City water and wastewater operations. (Motion) Councilman Dan K. Shaw moved to approve the First Amended and Restated Interlocal Agreement between the City of Henderson (“City”) and the Southern Nevada Water Authority (SNWA), for SNWA to supply a portion of the electric power needs for City water and wastewater operations. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 6 of 34 Tuesday, July 7, 2020 – Minutes CA-6 AGREEMENT AMENDMENT #1 POTABLE WATER SYSTEM MASTER PLAN UPDATE STANTEC CONSULTING SERVICES, INC. CMTS NO. 21910 DEPARTMENT OF UTILITY SERVICES Amendment #1 to the agreement between the City of Henderson and Stantec Consulting Services, Inc., to provide an update to the Potable Water System Master Plan, to extend the term of the agreement from June 30, 2020, to June 30, 2021. (Motion) Councilman Dan K. Shaw moved to approve Amendment #1 to the agreement between the City of Henderson and Stantec Consulting Services, Inc., to provide an update to the Potable Water System Master Plan, to extend the term of the agreement from June 30, 2020, to June 30, 2021. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-7 AGREEMENT AMENDMENT #2 ENGINEERING & DESIGN SERVICES LAKE LAS VEGAS LIFT STATION PUMP REPLACEMENT CAROLLO ENGINEERS, INC. FUNDING SOURCE: SEWER FUNDS CMTS NO. 20595 DEPARTMENT OF UTILITY SERVICES Amendment #2 to the agreement between the City of Henderson and Carollo Engineers, Inc., to modify the scope of services; increase the not-to-exceed sum for all services from $655,460.00 to $992,460.00, an increase of $337,000.00, and to extend the term of the agreement to December 31, 2022. Henderson City Council Special Meeting Page 7 of 34 Tuesday, July 7, 2020 – Minutes (Motion) Councilman Dan K. Shaw moved to approve Amendment #2 to the agreement between the City of Henderson and Carollo Engineers, Inc., to modify the scope of services; increase the not-to-exceed sum for all services from $655,460.00 to $992,460.00, an increase of $337,000.00, and to extend the term of the agreement to December 31, 2022. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-8 AMENDMENT #1 FACILITY USE AGREEMENT BOULDER CITY HENDERSON SWIM TEAM CMTS NO. 21953 PARKS AND RECREATION Facility Use Agreement Amendment #1 between the City of Henderson and Boulder City Henderson Swim Team, to change the organization name from MS Polk, LLC, to Boulder City Henderson Swim Team, and amend the Scope of Facility Use, Obligations of Organization, adding guidelines related to COVID-19 for the organization to follow. (Motion) Councilman Dan K. Shaw moved to approve Facility Use Agreement Amendment #1 between the City of Henderson and Boulder City Henderson Swim Team, to change the organization name from MS Polk, LLC, to Boulder City Henderson Swim Team, and amend the Scope of Facility Use, Obligations of Organization, adding guidelines related to COVID-19 for the organization to follow. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 8 of 34 Tuesday, July 7, 2020 – Minutes CA-9 GRANT AND COOPERATIVE AGREEMENT SNPLMA R17 PUEBLO TRAIL ENHANCEMENTS BUREAU OF LAND MANAGEMENT FUNDING SOURCE: BUREAU OF LAND MANAGEMENT - SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT (SNPLMA) CMTS NO. 23613 PARKS AND RECREATION, PUBLIC WORKS Grant and Cooperative Agreement No. L20AC00073 for the Pueblo Trail Enhancements, between the City of Henderson and the Bureau of Land Management, to provide trail amenities along the existing trail, in the amount of $1,138,121.00; and authorize augmentation of the Southern Nevada Public Land Management Act (SNPLMA) budget. (Motion) Councilman Dan K. Shaw moved to accept the Grant and approve the Cooperative Agreement No. L20AC00073 for the Pueblo Trail Enhancements, between the City of Henderson and the Bureau of Land Management, to provide trail amenities along the existing trail, in the amount of $1,138,121.00; and authorize augmentation of the Southern Nevada Public Land Management Act (SNPLMA) budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-10 AWARD CONSTRUCTION CONTRACT STARR AVENUE AND BERMUDA ROAD TRAFFIC SIGNAL FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA (RTC) AND TRAFFIC FUNDS CMTS NO. 22009 PUBLIC WORKS Award Contract No. 22009, Starr Avenue and Bermuda Road Traffic Signal, to Acme Electric, Inc., in the amount of $519,916.00; approve a project budget in the amount of $584,916.00; and authorize the Director of Public Works, or his designee, to execute change orders within the approved project budget. Henderson City Council Special Meeting Page 9 of 34 Tuesday, July 7, 2020 – Minutes (Motion) Councilman Dan K. Shaw moved to award Contract No. 22009, Starr Avenue and Bermuda Road Traffic Signal, to Acme Electric, Inc., in the amount of $519,916.00; approve a project budget in the amount of $584,916.00; and authorize the Director of Public Works, or his designee, to execute change orders within the approved project budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-11 AGREEMENT ENGINEERING SERVICES ANTHEM PARKWAY SIDEWALK LOOP FINAL DESIGN GCW, INC. FUNDING SOURCE: GAS TAX FUNDS CMTS NO. 23594 PUBLIC WORKS Engineering Services Agreement No. 23594 between the City of Henderson and GCW, Inc., for the final design of improvements to the Anthem Parkway Sidewalk Loop, in the amount of $145,420.00, with supplemental services not to exceed $30,000.00, for a total contract amount of $175,420.00. (Motion) Councilman Dan K. Shaw moved to approve Engineering Services Agreement No. 23594 between the City of Henderson and GCW, Inc., for the final design of improvements to the Anthem Parkway Sidewalk Loop, in the amount of $145,420.00, with supplemental services not to exceed $30,000.00, for a total contract amount of $175,420.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 10 of 34 Tuesday, July 7, 2020 – Minutes CA-12 AGREEMENT ENGINEERING DESIGN SERVICES PAVEMENT REPLACEMENT – MARY CREST ROAD AND GALLAGHER CREST ROAD WOOD RODGERS, INC. FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 23574 PUBLIC WORKS Engineering Services Agreement No. 23574 between the City of Henderson and Wood Rodgers, Inc., for design engineering for Mary Crest Road and Gallagher Crest Road, in the amount of $253,140.00, with supplemental services not to exceed $37,810.00, for a total contract amount of $290,950.00. (Motion) Councilman Dan K. Shaw moved to approve Engineering Services Agreement No. 23574 between the City of Henderson and Wood Rodgers, Inc., for design engineering for Mary Crest Road and Gallagher Crest Road, in the amount of $253,140.00, with supplemental services not to exceed $37,810.00, for a total contract amount of $290,950.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-13 INTERLOCAL AGREEMENT FAST NETWORK UPGRADES PROJECT 144AH-FTI2 MULTIJURISDICTIONAL FUNDING SOURCE: REGIONAL TRANSPORTATION COMMISSION (RTC) OF SOUTHERN NEVADA CMTS NO. 23620 PUBLIC WORKS Interlocal Agreement between the Regional Transportation Commission (RTC) of Southern Nevada and the City of Henderson, Clark County, the City of Las Vegas, and the City of North Las Vegas for Project 144AH-FTI2; FAST Network Upgrades, in the amount of $2,000,000.00. Henderson City Council Special Meeting Page 11 of 34 Tuesday, July 7, 2020 – Minutes (Motion) Councilman Dan K. Shaw moved to approve the Interlocal Agreement between the Regional Transportation Commission (RTC) of Southern Nevada and the City of Henderson, Clark County, the City of Las Vegas, and the City of North Las Vegas for Project 144AH-FTI2; FAST Network Upgrades, in the amount of $2,000,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-14 OMNIBUS SECOND AMENDMENT LIFEGUARD ARENA ON WATER STREET HENDERSON HOCKEY FACILITY GROUND LEASE; DISPOSITION AND DEVELOPMENT AGREEMENT TO INCORPORATE THE CO-BRANDING AND TRADEMARK LICENSE AGREEMENT; AND DISBURSEMENT AGREEMENT HENDERSON ICE FACILITY OPS LLC, A NEVADA LIMITED LIABILITY COMPANY, AS SUCCESSOR IN INTEREST TO BLACK KNIGHT SPORTS ARENA HENDERSON LLC; PARTNER ENGINEERING AND SCIENCE, INC., DBA NEVADA CONSTRUCTION SERVICES; GILLETT CONSTRUCTION, LLC; AND SK TEAM LLC FUNDING SOURCE: LAND FUND CMTS NO. 21729 PUBLIC WORKS Omnibus Second Amendment to the Henderson Hockey Facility Ground Lease between the City of Henderson, as Landlord and Henderson Ice Facility Ops LLC, a Nevada limited liability company, as successor in interest to Black Knight Sports Arena Henderson LLC, as Tenant, including amendments to the Disposition and Development Agreement, and the Disbursement Agreement between the City of Henderson, Henderson Ice Facility Ops LLC, Partner Engineering and Science, Inc., dba Nevada Construction Services, and Gillett Construction, LLC, to increase funding for the project by $1,200,000.00, to incorporate the Co-Branding and Trademark License Agreement between the City and SK Team LLC, a Nevada limited liability company (“License Agreement”) into the Disposition and Development Agreement as an exhibit, and authorize the City Manager/CEO, or his designee, to execute the Omnibus Amendment and the License Agreement. Henderson City Council Special Meeting Page 12 of 34 Tuesday, July 7, 2020 – Minutes Mayor March asked staff if there were any public comments related to the Consent Agenda. Sabrina Mercadante, City Clerk, read public comments received via email from the following constituents regarding this item: James Smerek, 89015; Jeani Adams, 89074; Laura Sanchez, 89012; Carolyn Jones, 89012; and Cynthia Halley, 89074 submitted comments opposing this agenda item for the following reasons:  The taxpayer’s dollars should not be spent on private sports teams.  This is not the 50/50 joint venture between landlord and tenant that was presented in the original agreement, the developer is not paying enough.  The citizens are contributing more tax dollars into this project without receiving increased benefits.  The citizens should be allowed to vote on whether the City should be allowed to spend high amounts of money on public/private partnerships.  Fixtures, furnishings, and equipment are non-essential expenses when there is an unemployment crisis due to the pandemic. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan K. Shaw moved to approve the Omnibus Second Amendment to the Henderson Hockey Facility Ground Lease between the City of Henderson, as Landlord and Henderson Ice Facility Ops LLC, a Nevada limited liability company, as successor in interest to Black Knight Sports Arena Henderson LLC, as Tenant, including amendments to the Disposition and Development Agreement, and the Disbursement Agreement between the City of Henderson, Henderson Ice Facility Ops LLC, Partner Engineering and Science, Inc., dba Nevada Construction Services, and Gillett Construction, LLC, to increase funding for the project by $1,200,000.00, to incorporate the Co-Branding and Trademark License Agreement between the City and SK Team LLC, a Nevada limited liability company (“License Agreement”) into the Disposition and Development Agreement as an exhibit, and authorize the City Manager/CEO, or his designee, to execute the Omnibus Amendment and the License Agreement. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 13 of 34 Tuesday, July 7, 2020 – Minutes CA-15 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 5 LOCAL IMPROVEMENT DISTRICT (LID) T-20 RAINBOW CANYON PARCELS C5 AND C-6 DATED JUNE 2, 2020 FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 5, Local Improvement District (LID) T-20, Rainbow Canyon, portion of Rainbow Canyon Parcels C-5 and C-6, dated June 2, 2020. (Motion) Councilman Dan K. Shaw moved to approve Apportionment Report and Final Assessment Roll, Amendment No. 5, Local Improvement District (LID) T-20, Rainbow Canyon, portion of Rainbow Canyon Parcels C-5 and C-6, dated June 2, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-16 BUSINESS LICENSE MASSAGE ESTABLISHMENT THE NOW, A MASSAGE BOUTIQUE APPLICANT: ADESSO STORE 1 LLC Application for the Massage Establishment business license for Adesso Store 1 LLC, dba The NOW, a massage boutique, 600 South Green Valley Parkway, Suite 110, Henderson, Nevada 89052. (Motion) Councilman Dan K. Shaw moved to approve the application for the Massage Establishment business license for Adesso Store 1 LLC, dba The NOW, a massage boutique, 600 South Green Valley Parkway, Suite 110, Henderson, Nevada 89052, pending verification of registration with Nevada Department of Taxation, proof of compliance with Nevada Division of Industrial Relations and verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 14 of 34 Tuesday, July 7, 2020 – Minutes CA-17 BUSINESS LICENSE PSYCHIC ARTS PRACTITIONER AMY CHIENG APPLICANT: AMY CHIENG Application for the Psychic Arts Practitioner business license for Amy Chieng, doing business at Spirit & Spark, 9480 South Eastern Avenue, Suite 269, Henderson, Nevada 89123. (Motion) Councilman Dan K. Shaw moved to approve the application for the Psychic Arts Practitioner business license for Amy Chieng, doing business at Spirit & Spark, 9480 South Eastern Avenue, Suite 269, Henderson, Nevada 89123, pending verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-18 BUSINESS LICENSE CATERING LIQUOR LOCAL808EVENTS APPLICANT: LOCAL808EVENTS LLC Application for the Catering Liquor business license for Local808Events LLC, dba Local808Events, 400 4th Street, Suite 500, Las Vegas, Nevada 89101. (Motion) Councilman Dan K. Shaw moved to approve the application for the Catering Liquor business license for Local808Events LLC, dba Local808Events, 400 4th Street, Suite 500, Las Vegas, Nevada 89101. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 15 of 34 Tuesday, July 7, 2020 – Minutes CA-19 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE TERRIBLE'S #212 APPLICANT: TERRIBLE HERBST, INC. Application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for Terrible Herbst, Inc., dba Terrible's #212, 201 North Pecos Road, Henderson, Nevada 89074. (Motion) Councilman Dan K. Shaw moved to approve the application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for Terrible Herbst, Inc., dba Terrible's #212, 201 North Pecos Road, Henderson, Nevada 89074. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-20 BUSINESS LICENSE NONRESTRICTED GAMING, NONRESTRICTED/LIMITED GAMING LIQUOR AND FULL LIQUOR OFF-SALE FIESTA HENDERSON CASINO HOTEL APPLICANT: NP LAKE MEAD LLC Request for non-operational status for the Nonrestricted Gaming, Nonrestricted/Limited Gaming Liquor and Full Liquor Off-Sale business licenses for NP Lake Mead LLC, dba Fiesta Henderson Casino Hotel, 777 West Lake Mead Parkway, Henderson, Nevada 89015. Mayor March asked staff if there were any public comments related to the Consent Agenda. Sabrina Mercadante, City Clerk, read public comments received via email from the following constituents regarding this item: Ken Liu Ken Liu, on behalf of Culinary Union Local 226 and Bartenders Union Local 165, no ZIP code provided; Angelica Abad, no ZIP code provided; Ana Galo Fernandez, no ZIP code provided; and Claudia Castro, no ZIP code provided; submitted comments stating they would like Fiesta Henderson Hotel and Casino to provided two-year recall rights for employees that have been laid off and have their same position, seniority, and benefits reinstated if the casino will be allowed to keep their gaming and liquor licenses while the property remains closed. Henderson City Council Special Meeting Page 16 of 34 Tuesday, July 7, 2020 – Minutes Jesus De Leon, no ZIP code provided; Carlos Salinas, no ZIP code provided; Pooo Bear Sande, no ZIP code provided; Jose Cabada, no ZIP code provided; and Jorge Padilla, no ZIP code provided; commented regarding Green Valley Ranch Hotel and Casino; and Alicia Reinsch, no ZIP code provided; commented regarding Sunset Station Hotel and Casino. They also requested two-year recall rights for employees that were laid off due to COVID-19 closures with their same position, seniority, and benefits reinstated. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan K. Shaw moved to approve the request for non-operational status for the Nonrestricted Gaming, Nonrestricted/Limited Gaming Liquor and Full Liquor Off-Sale business licenses for NP Lake Mead LLC, dba Fiesta Henderson Casino Hotel, 777 West Lake Mead Parkway, Henderson, Nevada 89015 through June 4, 2021. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-21 VACATION VAC-2020005354 BRUNER INDUSTRIAL PARK APPLICANT: BRUNER INDUSTRIAL PARK, LLC Petition to vacate a portion of East Bruner Avenue generally located between Amigo Street and Executive Airport Drive, in the West Henderson Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2020005354, subject to conditions. PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. Henderson City Council Special Meeting Page 17 of 34 Tuesday, July 7, 2020 – Minutes The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-22 VACATION VAC-2020005365 FOOTHILLS AT MACDONALD RANCH PA 7 PH. 2C UNIT 1 APPLICANT: CHRISTOPHER HOMES Petition to vacate non-exclusive utility/use easements generally located southeast of Dragon Peak Drive and Falcon Summit Court, in the MacDonald Ranch Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2020005365, subject to conditions. PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-23 VACATION VAC-2020005364 FOOTHILLS AT MACDONALD RANCH PA 7 PH. 2C UNIT 2 APPLICANT: CHRISTOPHER HOMES Petition to vacate non-exclusive utility/use easements generally located south of Sleeping Dragon Drive and Dragon Peak Drive, in the MacDonald Ranch Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2020005364, subject to conditions. Henderson City Council Special Meeting Page 18 of 34 Tuesday, July 7, 2020 – Minutes PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-24 VACATION VAC-2020005373 KEN ENTERPRISES APPLICANT: KEN ENTERPRISES, LP Petition to vacate a driveway along Conestoga Way generally located northwest of Conestoga Way and Nevada State Drive, in the Mission Hills Planning Area. (Motion) Councilman Dan K. Shaw moved to approve VAC-2020005373, subject to conditions. PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. CA-25 DEVELOPMENT AGREEMENT DEV-2020004983 - LOGISTICENTER AT VOLUNTEER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, IMPALA, LLC Development Agreement for LogistiCenter at Volunteer between the City of Henderson and Impala, LLC, for a 52.6 acre industrial development, located southeast corner of Via Centro and Volunteer Boulevard, in the West Henderson Planning Area. Henderson City Council Special Meeting Page 19 of 34 Tuesday, July 7, 2020 – Minutes Note: CA-25 was pulled for discussion and heard with items PH-28 and PH-29 and voted on in the following order PH-28, PH-29, and CA-25. See details on item PH-28. (Motion) Councilman Dan H. Stewart moved to approve the amended Development Agreement for LogisitCenter at Volunteer between the City of Henderson and Impala, LLC, for the development of a 52.6 acre industrial development, located southeast corner of Via Centro and Volunteer Boulevard in the West Henderson Planning Area. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. VII. PUBLIC HEARINGS PH-26 CONTINUED PUBLIC HEARING CONDITIONAL USE PERMIT CUP-2020004935 WAHOO'S FISH TACOS - UNION VILLAGE APPLICANT: UNION VILLAGE, LLC Per the Union Village Development Standards, allow a physical separation between the interior bar area and dining area within a tavern. (Continued from the April 21, 2020, City Council Special Meeting.) This item was withdrawn at the request of the applicant. Henderson City Council Special Meeting Page 20 of 34 Tuesday, July 7, 2020 – Minutes PH-27 PUBLIC HEARING DRAFT 2020-2024 CONSOLIDATED PLAN AND 2020-2021 ANNUAL ACTION PLAN: HUD FUNDING APPROVAL/AGREEMENTS FUNDING SOURCE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) GRANT FUNDS COMMUNITY DEVELOPMENT AND SERVICES Public Hearing to receive comments and approve the City of Henderson’s 2020-2024 Consolidated Plan and 2020-2021 Annual Action Plan for utilization of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds, approve submittal of the Consolidated Plan and Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), and authorize the City Manager/CEO, to sign the related HUD Funding Approval/Agreements for the City to accept $1,477,113.00 in CDBG funds and $693,948.00 in HOME funds. Lisa Corrado, Assistant Director of Community Development and Services, referred to the backup material and said Green Our Planet is a project that was not a part of the selection process. She said it was inadvertently entered into the Action Plan documents and requested to have it removed. Senta Robinson, Housing and Grants Coordinator, presented a summary of this item. She said the Consolidated Plan is required by the U.S. Department of Housing and Urban Development (HUD) to help local jurisdictions assess their affordable housing and community development needs. Ms. Robinson said the City of Henderson's 2020-2024 five-year Consolidated Plan and 2020-2021 Annual Action Plan priorities are: Housing and Human Services, Education, and Economic and Workforce Development. Mayor March asked staff if there were any public comments related to this item. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or comment cards. April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. Mayor March said this is such an important part of what the City can do for the community to make a difference in the lives of the residents that have extenuating needs. She said she is grateful to everyone that was involved with the project. Henderson City Council Special Meeting Page 21 of 34 Tuesday, July 7, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to accept the public comments received and approve as amended, the City of Henderson’s 2020-2024 Consolidated Plan and 2020-2021 Annual Action Plan for utilization of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds, approve submittal of the Consolidated Plan and Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), and authorize the City Manager/CEO, to sign the related HUD Funding Approval/Agreements for the City to accept $1,477,113.00 in CDBG funds and $693,948.00 in HOME funds. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. PH-28 PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT A) CPA-2020004971 ZONE CHANGE B) ZCA-2020004980 LOGISTICENTER AT VOLUNTEER APPLICANT: DERMODY PROPERTIES A) Amend the Comprehensive Plan Land Use Category from Neighborhood Type 4 to Employment Center on 20.0 acres; and B) Apply City of Henderson IP (Industrial Park) zoning designation to 52.6 acres of property with no established zoning; located at the southeast corner of Volunteer Boulevard and Via Centro, in the West Henderson Planning Area. Note: CA-25 was pulled for discussion and heard with items PH-28 and PH-29 and voted on in the following order PH-28, PH-29, and CA-25. Lisa Corrado, Assistant Director of Community Development and Services, presented a summary of this item and stated both staff and the Planning Commission recommend approval on all items. George Garcia, 89014, representing the applicant via WebEX, concurred with the recommendations of staff and the Planning Commission. Mayor March asked staff if there were any public comments related to this item. Henderson City Council Special Meeting Page 22 of 34 Tuesday, July 7, 2020 – Minutes Sabrina Mercadante, City Clerk, read an email received from Kara Walker, 89169, which stated Ms. Walker and her partner, Suzette Lagrange, represent the three homeowners directly adjacent to the southeast of Dermody’s proposed LogistiCenter and have expressed multiple times to Dermody that the homeowners need a full wall and not a landscape buffer. Ms. Walker’s requested the Council to refer to her three-pages of backup material. April Parra, Administrative Deputy City Clerk, stated Kara Walker, 89169, was present via WebEx to comment live to the Council; however, due to Ms. Walker’s comments already being read into the record by the City Clerk, Ms. Walker was not allowed to present her comments a second time during the public hearing. (Motion) Councilman John F. Marz moved to approve CPA-2020004971 and ZCA-2020004980, subject to findings of fact and conditions. CPA-2020004971 FINDING OF FACT D. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. ZCA-2020004980 FINDINGS OF FACT A. The proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact. B. The proposed amendment is consistent with the Comprehensive Plan and the stated purposes of Section 19.1.4. C. The proposed amendment will protect the health, safety, morals or general welfare of the public. D. The City and other service providers will be able to provide sufficient public safety, transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development. E. The proposed rezoning will not have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation. F. The proposed amendment will not have significant adverse impacts on other property in the vicinity of the subject tract. G. The subject property is suitable for the proposed zoning classification. H. There is a need for the proposed use at this proposed location. Henderson City Council Special Meeting Page 23 of 34 Tuesday, July 7, 2020 – Minutes PUBLIC WORKS CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. The applicant is required to submit a standard development agreement application pursuant to Section 19.6.10 of the City of Henderson Development Code. The standard development agreement is required to be approved by ordinance and executed prior to issuance of building permits. The development agreement does not require Planning Commission review. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 24 of 34 Tuesday, July 7, 2020 – Minutes PH-29 ACCOMPANYING RESOLUTION FOR PH-28 CPA-2020004971 – LOGISTICENTER AT VOLUNTEER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND DERMODY PROPERTIES City Manager/CEO Derrick introduced and read Resolution No. 4396 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 20.0 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF VOLUNTEER BOULEVARD AND VIA CENTRO, IN THE WEST HENDERSON PLANNING AREA, FROM NEIGHBORHOOD TYPE 4 TO EMPLOYMENT CENTER. Note: CA-25 was pulled for discussion and heard with items PH-28 and PH-29 and voted on in the following order PH-28, PH-29, and CA-25. Refer to item PH-28 for discussion. (Motion) Councilman Dan H. Stewart moved to adopt Resolution No. 4396. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 25 of 34 Tuesday, July 7, 2020 – Minutes PH-30 PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT A) CPA-2020005371 ZONE CHANGE B) ZCA-2018000276-A7 INSPIRADA TOWN CENTER APPLICANT: ESSEX REAL ESTATE PARTNERS, LLC A) Amend the Comprehensive Plan Land Use Category within the Inspirada Town Center Master Plan from Neighborhood Type 4 to Neighborhood Type 3 on 10.0 acres, and from Neighborhood Type 3 to Neighborhood Type 4 on 5.2 acres, generally located on the east sides of Via Centro, approximately 2,400 feet north from its intersection with Via Inspirada; and B) Amend a zone change/master plan (Inspirada Town Center Master Plan) to rezone from PC-MP (Planned Community with Master Plan Overlay) to RM-10-MP (Medium-Density Residential with Master Plan Overlay) on 50.2 acres and to RH-36-MP (High-Density Residential with Master Plan Overlay) on 11.7 acres, generally located on the east and west sides of Via Centro, approximately 2,400 feet north from its intersection with Via Inspirada; to rezone from PC-MP (Planned Community with Master Plan Overlay) to RM-16-MP (Medium-Density Residential with Master Plan Overlay) on 6.0 acres, generally located at the northeast corner of Via Inspirada and Via Da Vinci; and to rezone from PC-MP (Planned Community with Master Plan Overlay) to RM-10-MP (Medium-Density Residential with Master Plan Overlay) on 7.3 acres, and to RM-16-MP (Medium-Density Residential with Master Plan Overlay) on 8.1 acres, generally located at the northwest and northeast corners of Via Monet and Via Altamira, in the West Henderson Planning Area. This item was continued to the July 21, 2020, City Council meeting at the request of the applicant. Henderson City Council Special Meeting Page 26 of 34 Tuesday, July 7, 2020 – Minutes PH-31 ACCOMPANYING RESOLUTION FOR PH-30 CPA-2020005371 INSPIRADA TOWN CENTER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND ESSEX REAL ESTATE PARTNERS, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 15.2 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTIONS 14, 15, AND 23, TOWNSHIP 23, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED ON THE EAST SIDES OF VIA CENTRO, APPROXIMATELY 2,400 FEET NORTH FROM ITS INTERSECTION WITH VIA INSPIRADA, IN THE WEST HENDERSON PLANNING AREA, FROM NEIGHBORHOOD TYPE 4 TO NEIGHBORHOOD TYPE 3 ON 10.0 ACRES AND FROM NEIGHBORHOOD TYPE 3 TO NEIGHBORHOOD TYPE 4 ON 5.2 ACRES. This item was continued to the July 21, 2020, City Council meeting at the request of the applicant. VIII. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE O-32 BILL NO. 3450 ANNEXATION OF 2.5 ACRES – POLLOCK AND DALE APPLICANT: 1981 WILNER FAMILY TRUST City Manager/CEO Derrick introduced and read Ordinance No. 3706 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, EXTENDING THE CITY LIMITS OF THE CITY BY ANNEXING THERETO APPROXIMATELY 2.5 ACRES OF REAL PROPERTY GENERALLY LOCATED SOUTHEAST OF POLLOCK DRIVE AND DALE AVENUE IN SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., CONSISTING OF APN NOS. 191-10-701-001 AND 191-10-701-002 (INCLUDING ADJACENT ROADWAYS – 191-10-799-002) AND APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE 1981 WILNER FAMILY TRUST, WITH RESPECT TO THE ANNEXATION OF SUCH PROPERTY. Henderson City Council Special Meeting Page 27 of 34 Tuesday, July 7, 2020 – Minutes Mayor March asked staff if there were any public comments related to this item. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or comment cards. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3450 as Ordinance No. 3706. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. O-33 BILL NO. 3451 DEV-2020005450 – VOLUNTEER PLAZA COMMUNITY DEVELOPMENT AND SERVICES City Manager/CEO Derrick introduced and read Ordinance No. 3707 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND 205 VOLUNTEER, LLC, CONSISTING OF 3.97 ACRES, MORE OR LESS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF VOLUNTEER BOULEVARD AND RAIDERS WAY, IN THE WEST HENDERSON PLANNING AREA. Mayor March asked staff if there were any public comments related to this item. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or comment cards. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. (Motion) Councilman John F. Marz moved to adopt Bill No. 3451 as Ordinance No. 3707. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 28 of 34 Tuesday, July 7, 2020 – Minutes O-34 BILL NO. 3452 DEV-2020005510– BRUNER MARKETPLACE COMMUNITY DEVELOPMENT AND SERVICES City Manager/CEO Derrick introduced and read Ordinance No. 3708 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND ZUBAIR, LLC, CONSISTING OF APPROXIMATELY 3.6 ACRES, MORE OR LESS, GENERALLY LOCATED AT SOUTHWEST BRUNER AVENUE AND RAIDERS WAY IN THE WEST HENDERSON PLANNING AREA. Mayor March asked staff if there were any public comments related to this item. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or comment cards. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3452 as Ordinance No. 3708. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. O-35 BILL NO. 3453 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.04 – COUNCIL MEETINGS CITY CLERK'S OFFICE City Manager/CEO Derrick introduced and read Ordinance No. 3709 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.04 - COUNCIL MEETINGS - OF THE HENDERSON MUNICIPAL CODE. Henderson City Council Special Meeting Page 29 of 34 Tuesday, July 7, 2020 – Minutes Mayor March asked staff if there were any public comments related to this item. Sabrina Mercadante, City Clerk, read public comments received via email from the following constituents regarding this item: James Smerek, 89015; Cynthia Halley, 89074; and Laura Sanchez, 89012; submitted comments opposing this agenda item for the following reasons:  This ordinance would allow the Council to change the day and time for each meeting, which will limit participation of many residents  Council meetings should not be at the convenience of the employees  There are other ways to minimize overtime costs for the staff  The citizens will no longer be able to watch a WebEx meeting online or attend in person after coming home from work due to the early start time  It will be difficult to communicate the start times with the residents that are not connected to technology  The residents should have more access and transparency to Council meetings, not less April Parra, Administrative Deputy City Clerk, stated there were no public comments or requests to speak received via WebEx. (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3453 as Ordinance No. 3709. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. IX. NEW BUSINESS NB-36 ELECTION MAYOR PRO TEMPORE OF THE HENDERSON CITY COUNCIL CITY CLERK'S OFFICE Election of Mayor Pro Tempore of the Henderson City Council for the term July 1, 2020, through June 30, 2021. Mayor March asked staff if there were any public comments related to this item. Sabrina Mercadante, City Clerk, stated there were no public comments received via email or comment cards. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. Henderson City Council Special Meeting Page 30 of 34 Tuesday, July 7, 2020 – Minutes (Motion) Councilman Dan H. Stewart moved to ratify the election of John F. Marz as Mayor Pro Tempore of the Henderson City Council for the term July 1, 2020, through June 30, 2021. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. X. BILLS TO BE READ IN TITLE B-37 ACCOMPANYING BILL NO. 3454 FOR CA-25 DEV-2020004983 LOGISTICENTER AT VOLUNTEER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, IMPALA, LLC City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HENDERSON AND IMPALA, LLC, FOR THE DEVELOPMENT OF APPROXIMATELY 52.6 ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF VOLUNTEER BOULEVARD AND VIA CENTRO, IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3454 to the Committee Meeting of July 21, 2020, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 31 of 34 Tuesday, July 7, 2020 – Minutes B-38 ACCOMPANYING BILL NO. 3455 FOR PH-28 ZCA-2020004980 – LOGISTICENTER AT VOLUNTEER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND DERMODY PROPERTIES City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF VOLUNTEER BOULEVARD AND VIA CENTRO, IN THE WEST HENDERSON PLANNING AREA, TO APPLY CITY OF HENDERSON IP (INDUSTRIAL PARK) ZONING DESIGNATION TO 52.6 ACRES OF PROPERTY WITH NO ESTABLISHED ZONING. (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3455 to the Committee meeting of July 21, 2020, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Special Meeting Page 32 of 34 Tuesday, July 7, 2020 – Minutes B-39 ACCOMPANYING BILL NO. 3456 FOR PH-30 ZCA-2018000276-A7 – INSPIRADA TOWN CENTER APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES AND ESSEX REAL ESTATE PARTNERS, LLC AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTIONS 14, 15, AND 23, TOWNSHIP 23, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, TO AMEND A ZONE CHANGE/MASTER PLAN (INSPIRADA TOWN CENTER MASTER PLAN) TO REZONE FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-10-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 50.2 ACRES, AND TO RH-36-MP (HIGH-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 11.7 ACRES, GENERALLY LOCATED ON THE EAST AND WEST SIDES OF VIA CENTRO, APPROXIMATELY 2,400 FEET NORTH FROM ITS INTERSECTION WITH VIA INSPIRADA; REZONE FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-16-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 6.0 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF VIA INSPIRADA AND VIA DA VINCI; AND REZONE FROM PC-MP (PLANNED COMMUNITY WITH MASTER PLAN OVERLAY) TO RM-10-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 7.3 ACRES, AND TO RM-16-MP (MEDIUM-DENSITY RESIDENTIAL WITH MASTER PLAN OVERLAY) ON 8.1 ACRES, GENERALLY LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF VIA MONET AND VIA ALTAMIRA, IN THE WEST HENDERSON PLANNING AREA. This item was continued to the July 21, 2020, City Council meeting at the request of the applicant. Henderson City Council Special Meeting Page 33 of 34 Tuesday, July 7, 2020 – Minutes B-40 BILL NO. 3457 DEV-2019003697 – DEVELOPMENT AGREEMENT PARTIAL TERMINATION OF DEVELOPMENT AGREEMENT AND ZONING MORATORIUM COMMUNITY DEVELOPMENT AND SERVICES City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING AND ADOPTING THE PARTIAL TERMINATION OF DEVELOPMENT AGREEMENT AND ZONING MORATORIUM BETWEEN THE CITY OF HENDERSON AND PEGH NEVADA LLC, ON APPROXIMATELY 45.25 ACRES (APN 191-14-115-003) GENERALLY LOCATED EAST OF VIA INSPIRADA, IN THE WEST HENDERSON PLANNING AREA. (Motion) Councilman Dan K. Shaw moved to refer Bill No. 3457 to the Committee meeting of July 21, 2020, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan H. Stewart, and Dan K. Shaw. Those voting nay: None. Those absent: Michelle Romero. Those abstaining: None. Mayor March declared the motion carried. XI. MAYOR\COUNCILMEMBER COMMENTS Mayor March expressed her concern for the rising positive Coronavirus cases in Nevada. She encouraged everyone in the community to practice frequent handwashing, wear a face mask, and practice social distancing in public spaces. She said it is very important for everyone in the community to work together by following the rules in order to protect themselves as well as others. XII. SET MEETING The Committee Meeting for July 21, 2020, was set for 3:15 p.m., and will be followed by the City Council Regular Meeting at 3:30 p.m. XIII. PUBLIC COMMENT There were no public comments presented. Henderson City Council Special Meeting Page 34 of 34 Tuesday, July 7, 2020 – Minutes XIV. ADJOURNMENT There being no further business to come before the Council, Mayor March, in concurrence with the Council, adjourned the Special Meeting at 4:20 p.m. PASSED AND ADOPTED THIS 21st DAY OF JULY, 2020. ______________________ Debra March Mayor ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk