Redevelopment Agency
Regular MeetingHenderson, NV · May 15, 2012
Minutes
CITY OF HENDERSON
REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING
May 15, 2012
I. CALL TO ORDER
Chairman Hafen called the Redevelopment Meeting to order at 6:34 p.m., in the
City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015.
II. CONFIRMATION OF POSTING AND ROLL CALL
The Assistant City Clerk confirmed the Redevelopment 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, and Fire Station No. 86, and by mailing a
copy of the Agenda to everyone appearing thereon on the Agenda Master
Mailing List.
Present: Chairman Andy Hafen
Member Sam Bateman
Member John F. Marz
Member Gerri Schroder
Absent: Member Debra March
RDA Staff: Jacob L. Snow, Executive Director
Josh M. Reid, General Counsel
Absent: Sabrina Mercadante, Secretary
Staff: Stacey Brownfield, Assistant City Clerk
Robert Murnane, Public Works Director
Stephanie Garcia-Vause, Director of Community Development
Richard Derrick, Finance Director
Tedie Jackson, Minutes Clerk
Jonathon Nunes, Council and Commission Services Coordinator
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May 15, 2012 – Minutes
III. ACCEPTANCE OF AGENDA
(Motion)
Member Gerri Schroder moved to accept the agenda as amended:
There is a slight change in the disclosure form on RDA-1.
The roll call vote favoring passage was: Those voting aye: Andy Hafen,
Sam Bateman, John F. Marz, and Gerri Schroder. Those voting nay: None.
Those absent: Debra March. Those abstaining: None. Chairman Hafen
declared the motion carried.
IV. ITEMS OF BUSINESS
RDA-1 DISCLOSURE OF INTEREST IN REDEVELOPMENT AREA
JACOB SNOW, CITY MANAGER
CITY CLERK'S OFFICE
Jacob Snow, City Manager, submits his Disclosure of Interest in
Redevelopment Area, pursuant to NRS 279.454, Interest in property included in
redevelopment area; forbidden; disclosure of interest; exception.
Jacob L. Snow, Executive Director, stated that he owns property in the
Downtown Redevelopment area and he is required, according to state law, to
disclose his interest in his property.
(Motion)
Member John F. Marz moved to accept and enter into the record of
May 15, 2012, the required Disclosure of Interest in the Redevelopment Agency
form submitted by Jacob L. Snow, City Manager, pursuant to NRS 279.454.
The roll call vote favoring passage was: Those voting aye: Andy Hafen,
Sam Bateman, John F. Marz, and Gerri Schroder. Those voting nay: None.
Those absent: Debra March. Those abstaining: None. Chairman Hafen
declared the motion carried.
RDA-2 MINUTES
REDEVELOPMENT AGENCY MEETING OF MARCH 20, 2012
ECONOMIC DEVELOPMENT/REDEVELOPMENT
City of Henderson Redevelopment Agency Meeting Minutes of March 20, 2012.
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May 15, 2012 – Minutes
(Motion)
Member Gerri Schroder moved to adopt the Minutes of the March 20, 2012, City
of Henderson Redevelopment Agency Meeting. The roll call vote favoring
passage was: Those voting aye: Andy Hafen, Sam Bateman, John F. Marz,
and Gerri Schroder. Those voting nay: None. Those absent: Debra March.
Those abstaining: None. Chairman Hafen declared the motion carried.
RDA-3 FINANCIAL MANAGEMENT POLICIES
ECONOMIC DEVELOPMENT/REDEVELOPMENT
Adoption of the following Redevelopment Agency Financial Management
Policies: Policy 500-04, Loan Subordination; Policy 400-01, Fund Balance
Restricted to Future Redevelopment Projects.
Michelle Romero, Redevelopment Manager, stated that the Loan Subordination
policy outlines the condition which staff would consider a loan subordination for
an Agency loan to a private party. She said the Fund Balance Restricted to
Future Redevelopment Projects policy would bring the Agency into compliance
with the new Governmental Accounting Standards Board (GASB) ruling on how
redevelopment funds are defined.
(Motion)
Member Sam Bateman moved to adopt the following Redevelopment Agency
Financial Management Policies: Policy 500-04, Loan Subordination;
Policy 400-01, Fund Balance Restricted to Future Redevelopment Projects.
The roll call vote favoring passage was: Those voting aye: Andy Hafen,
Sam Bateman, John F. Marz, and Gerri Schroder. Those voting nay: None.
Those absent: Debra March. Those abstaining: None. Chairman Hafen
declared the motion carried.
RDA-4 PUBLIC HEARING
REDEVELOPMENT AGENCY 2012/2013 BUDGET
ECONOMIC DEVELOPMENT/REDEVELOPMENT
City of Henderson Redevelopment Agency 2012/2013 Budget.
Chairman Hafen opened the public hearing at 6:37 p.m., asking if there was
anyone present wishing to speak for or against this item.
Michelle Romero, Redevelopment Manager, reported that per Nevada Revised
Statutes, the Local Government Budget Act requires cities to hold a public
hearing to adopt the final budget, and the governing body shall indicate any
changes.
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There were no public comments presented.
There being no one wishing to speak, the public hearing was closed at
6:38 p.m.
Responding to a question by Member Bateman regarding the Redevelopment
Agency not having a certain percentage end fund balance, Ms. Romero replied
that they do not have any requirements by statute, but they operate under an
internal policy similar to the City.
Richard Derrick, Finance Director, added that the Redevelopment Agency
mirrors the City’s policy, which is 8.3 percent of the General Fund.
Member Bateman commented that the Redevelopment Agency spent a little bit
more than it brought in last fiscal year, but it is maintaining a healthy ending
balance.
(Motion)
Chairman Andy Hafen moved to adopt the tentative budget, as amended, as the
City of Henderson-Redevelopment Agency's Final Budget for Fiscal year
2012/13. The roll call vote favoring passage was: Those voting aye:
Andy Hafen, Sam Bateman, John F. Marz, and Gerri Schroder. Those voting
nay: None. Those absent: Debra March. Those abstaining: None.
Chairman Hafen declared the motion carried.
RDA-5 AGREEMENT
ENVIRONMENTAL FEES REIMBURSEMENT
LANDWELL COMPANY, L.P.
ECONOMIC DEVELOPMENT/REDEVELOPMENT
Environmental Fees Reimbursement Agreement between the City of
Henderson, City of Henderson Redevelopment Agency, and LandWell
Company, L.P., to reimburse the City for attorney fees for advice and assistance
with environmental issues, in the amount of $3,948,896.00, along with interest
of three percent (3%) compounded annually.
Christine Guerci-Nyhus, Senior Assistant City Attorney, explained that the City
Attorney's office retained outside legal counsel in 1997 to assist with the
environmental issues associated with LandWell’s Cadence project. She said
outside legal fees for this project totaled over $3.9 million, and this agreement
formalizes LandWell’s reimbursement obligation to the City Attorney's office.
Payments will be made over time upon receipt of tax increment financing with a
remainder due in October 2020. Interest at three percent per year will be added
to the obligation with payments of up to $500,000.00 per year from tax
increment revenue.
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May 15, 2012 – Minutes
Ms. Guerci-Nyhus noted that the Redevelopment Agency has about
$775,000.00 of accumulated tax increment revenue they are holding for the
LandWell Company. A portion of that will be used in the sewer main agreement,
and the remainder of $135,870.00 will be released to the City Attorney’s office
towards the reimbursement obligation.
Member Bateman commented that Ms. Guerci-Nyhus did a great job negotiating
this agreement.
(Motion)
Member Sam Bateman moved to approve the Environmental Fees
Reimbursement Agreement between the City of Henderson, City of Henderson
Redevelopment Agency, and LandWell Company, L.P., to reimburse the City for
attorney fees for advice and assistance with environmental issues, in the
amount of $3,948,896.00, along with interest of three percent (3%) compounded
annually. The roll call vote favoring passage was: Those voting aye:
Andy Hafen, Sam Bateman, John F. Marz, and Gerri Schroder. Those voting
nay: None. Those absent: Debra March. Those abstaining: None.
Chairman Hafen declared the motion carried.
RDA-6 AGREEMENT
SEWER MAIN
LANDWELL COMPANY, L.P.
ECONOMIC DEVELOPMENT/REDEVELOPMENT
Sewer Main Agreement between the City of Henderson, City of Henderson
Redevelopment Agency, and the LandWell Company, L.P., for final
reimbursement to the City for the sewer main's total proportionate cost, in the
total amount of $558,522.94.
Christine Guerci-Nyhus, Senior Assistant City Attorney, reported that the sewer
main agreement relates to the development agreement and the Owner’s
Participation Agreement (OPA) that were entered into between the City, the
Redevelopment Agency and LandWell. The City constructed a sewer trunk
main in the Sunset Road and Burkholder alignment. LandWell was required to
reimburse the City for its proportionate share of that sewer main through the
development agreement. She said LandWell paid $259,936.00 to the City in
January of 2010, and the additional remaining balance owed to the City is
$298,586.00. LandWell has requested reimbursement of the entire
$558,552.00 from redevelopment using accumulated tax increment funds.
LandWell is requesting that the preapproval requirement and audit requirements
in the OPA be waived due to the City’s administration and construction of the
sewer main. The money will be distributed as follows: $298,586.00 will go to
the City for the remainder of the sewer main that goes into the City’s utility fund.
The other balance of $259,936.00 goes to the City Attorney's office towards the
$3.9 million obligation and environmental fees.
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May 15, 2012 – Minutes
(Motion)
Member Sam Bateman moved to approve the Sewer Main Agreement between
the City of Henderson, City of Henderson Redevelopment Agency, and the
LandWell Company, L.P., for final reimbursement to the City for the sewer
main's total proportionate cost, in the total amount of $558,522.94. The roll call
vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman,
John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent:
Debra March. Those abstaining: None. Chairman Hafen declared the motion
carried.
RDA-7 AMENDMENT
OWNER PARTICIPATION AGREEMENT
LANDWELL COMPANY, L.P.
ECONOMIC DEVELOPMENT/REDEVELOPMENT
Amendment to the Owner Participation Agreement between the City of
Henderson Redevelopment Agency and the LandWell Company, L.P.
Christine Guerci-Nyhus, Senior Assistant City Attorney, reviewed the provisions
of the first amendment, and noted that this document formalizes part of the
obligation to reimburse the City for the environmental fees.
Member Schroder thanked Ms. Guerci-Nyhus for explaining this item.
(Motion)
Member Gerri Schroder moved to approve the Amendment to the Owner
Participation Agreement By and Between The LandWell Company, L.P., and the
City Of Henderson Redevelopment Agency. The roll call vote favoring passage
was: Those voting aye: Andy Hafen, Sam Bateman, John F. Marz, and
Gerri Schroder. Those voting nay: None. Those absent: Debra March. Those
abstaining: None. Chairman Hafen declared the motion carried.
RDA-8 PROJECTS UPDATE REPORT
ECONOMIC DEVELOPMENT/REDEVELOPMENT
Report on new and ongoing projects, events, and business activities within the
Cornerstone, Downtown, Eastside, Tuscany, and Lakemoor Canyon
redevelopment areas and the administration thereof.
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May 15, 2012 – Minutes
Michelle Romero, Redevelopment Manager, reported that two new businesses
are opening in the Downtown Redevelopment area: Massage Envy and a Life
Counseling Center. She said the Downtown Investment Strategy is available on
line. The Historical Henderson Walking Tour is available on the website and
brochures are available at the Convention Center at the Henderson Historical
Society.
Ms. Romero stated that the Water Street District Business Association premiere
members have been featured on Vegas TV program. She also reported that
staff recommends not moving forward with bifurcation, but will continue to work
with Clark County on tax increment. Ms. Romero also reported that the National
Development Council (NDC) met with Harsch Development to discuss potential
lending opportunities.
(Motion)
Chairman Andy Hafen moved to accept the Projects Update Report. The roll
call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman,
John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent:
Debra March. Those abstaining: None. Chairman Hafen declared the motion
carried.
V. PUBLIC COMMENT
There were no public comments presented.
VI. CHAIRMAN\MEMBER COMMENTS
There were no Chairman or Member comments presented.
VII. ADJOURNMENT
There being no further business to come before the Agency, Chairman Hafen,
in concurrence with the Agency, adjourned the Redevelopment Meeting at
6:50 p.m.
PASSED AND ADOPTED THIS 5th DAY OF JUNE, 2012.
______________________
Andy Hafen
Chairman
ATTEST:
_____________________
Stacey Brownfield, CMC
Assistant City Clerk
Agenda
CITY OF HENDERSON
REDEVELOPMENT AGENCY AGENDA
REGULAR MEETING
Tuesday, May 15, 2012 Council Chambers
6:30 PM 240 Water Street
Meeting Inquiries: (702) 267-1400 Henderson, Nevada 89015
NOTICE
Notice to persons with special needs: For those requiring special assistance or
accommodation at the meeting, please contact (702) 267-1400 at least 72 hours in advance.
"Relay Nevada", a service provider for hearing or speech impaired persons, may be
contacted by dialing 7-1-1.
The Chairman reserves the right to hear agenda items out of order, combine two or more
agenda items for consideration, remove an item from the agenda, or delay discussion
relating to an item on the agenda at any time. All items are action items unless otherwise
noted.
Public comment will be taken on each agenda item as it is heard. If you desire to provide
public comment on an agenda item, please complete a green speaker card and submit it to
the RDA Secretary prior to the item being heard. Individuals speaking on an item will be
limited to three (3) minutes and spokespersons for a group will be limited to ten (10) minutes.
Electronic backup for agenda items can be found on the City's website at:
http://www.cityofhenderson.com/city_clerk/agendas_back-up_minutes.php
Agenda Information Line - (702) 267-1440 (No. 3).
NOTICE
Parking for public meetings is located in the side parking lot of City Hall adjacent to
Basic Road or in the parking garages located on Water Street or at
Basic Road and Lead Street.
I. CALL TO ORDER
II. CONFIRMATION OF POSTING AND ROLL CALL
III. ACCEPTANCE OF AGENDA
Redevelopment Agency Regular Meeting Page 2 of 4
Tuesday, May 15, 2012 - Agenda
IV. ITEMS OF BUSINESS
RDA-1 DISCLOSURE OF INTEREST IN REDEVELOPMENT AREA
JACOB SNOW, CITY MANAGER
CITY CLERK'S OFFICE
For Possible Action.
RECOMMENDATION: Accept
Jacob Snow, City Manager, submits his Disclosure of Interest in
Redevelopment Area, pursuant to NRS 279.454, Interest in property included in
redevelopment area; forbidden; disclosure of interest; exception.
RDA-2 MINUTES
REDEVELOPMENT AGENCY MEETING OF MARCH 20, 2012
ECONOMIC DEVELOPMENT/REDEVELOPMENT
For Possible Action.
RECOMMENDATION: Adopt
City of Henderson Redevelopment Agency Meeting Minutes of March 20, 2012.
RDA-3 FINANCIAL MANAGEMENT POLICIES
ECONOMIC DEVELOPMENT/REDEVELOPMENT
For Possible Action.
RECOMMENDATION: Adopt
Adoption of the following Redevelopment Agency Financial Management
Policies: Policy 500-04, Loan Subordination; Policy 400-01, Fund Balance
Restricted to Future Redevelopment Projects.
RDA-4 PUBLIC HEARING
REDEVELOPMENT AGENCY 2012/2013 BUDGET
ECONOMIC DEVELOPMENT/REDEVELOPMENT
For Possible Action.
RECOMMENDATION: Adopt
City of Henderson Redevelopment Agency 2012/2013 Budget.
Redevelopment Agency Regular Meeting Page 3 of 4
Tuesday, May 15, 2012 - Agenda
RDA-5 AGREEMENT
ENVIRONMENTAL FEES REIMBURSEMENT
LANDWELL COMPANY, L.P.
ECONOMIC DEVELOPMENT/REDEVELOPMENT
For Possible Action.
RECOMMENDATION: Approve
Environmental Fees Reimbursement Agreement between the City of
Henderson, City of Henderson Redevelopment Agency, and LandWell
Company, L.P., to reimburse the City for attorney fees for advice and assistance
with environmental issues, in the amount of $3,948,896.00, along with interest
of three percent (3%) compounded annually.
RDA-6 AGREEMENT
SEWER MAIN
LANDWELL COMPANY, L.P.
ECONOMIC DEVELOPMENT/REDEVELOPMENT
For Possible Action.
RECOMMENDATION: Approve
Sewer Main Agreement between the City of Henderson, City of Henderson
Redvelopment Agency, and the LandWell Company, L.P., for final
reimbursement to the City for the Sewer Main's total proportionate cost, in the
total amount of $558,522.94.
RDA-7 AMENDMENT
OWNER PARTICIPATION AGREEMENT
LANDWELL COMPANY, L.P.
ECONOMIC DEVELOPMENT/REDEVELOPMENT
For Possible Action.
RECOMMENDATION: Approve
Amendment to the Owner Participation Agreement between the City of
Henderson Redevelopment Agency and the LandWell Company, L.P.
Redevelopment Agency Regular Meeting Page 4 of 4
Tuesday, May 15, 2012 - Agenda
RDA-8 PROJECTS UPDATE REPORT
ECONOMIC DEVELOPMENT/REDEVELOPMENT
For Possible Action.
RECOMMENDATION: Accept
Report on new and ongoing projects, events, and business activities within the
Cornerstone, Downtown, Eastside, Tuscany, and Lakemoor Canyon
redevelopment areas and the administration thereof.
V. PUBLIC COMMENT
Items discussed under Public Comment cannot be acted upon at this meeting,
but may be referred by the Agency to the next Regular Meeting for
consideration. Public Comment will be limited to three (3) minutes at the
discretion of the Chairman.
VI. CHAIRMAN\MEMBER COMMENTS
The Chairman and Members may speak on any item under this section of the
agenda. The Chairman and Members may comment on matters including,
without limitation, future agenda items, upcoming meeting dates, and meeting
procedures. Comments made cannot be acted upon or discussed at this
meeting, but may be placed on a future agenda for consideration by the
Redevelopment Agency.
VII. ADJOURNMENT
Posted by 9:00 a.m., May 10, 2012, at the following locations:
City Hall, 240 Water Street, 1st Floor Lobbies
Multigenerational Center, 250 S. Green Valley Parkway
Whitney Ranch Recreation Center, 1575 Galleria Drive
Fire Station No. 86, 96 Via Antincendio
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