Developer to pay $570,000 toward flood control in North Las Vegas

The years spent waiting for flood improvements in a North Las Vegas neighborhood felt like waiting for someone to die, according to one resident.

Now, with a settlement agreement approved by the City Council on Wednesday, a developer will pay $570,000 toward a regional flood facility near Ann and Losee roads.

“There were times that I couldn’t get into my neighborhood without risking my life to be quite honest,” said Gay Shoaff. “When you say you’re going to do something, do it and do it in a timely manner.”

Shoaff, 61, lives on Midnight Breeze Street near Ann Road and Lawrence Street.

Harmony Homes put up a $1.4 million bond in 2010, assuming a 2006 agreement made by previous developer Pardee Homes, which included, among other improvements, contributing to the construction of a regional storm drainage facility, according to the settlement agreement.

Harmony Homes contended it shouldn’t have to pay its full share since flood improvements had been made by a nearby elementary school and as the result of another facility being built, said City Attorney Sandra Douglass Morgan. Paying its full share would be an undue hardship, Harmony Homes contended.

Harmony Homes sued the city in January 2014 over the issue, but without going through the Planning Commission’s appeals process. Because of the procedural mishap, the city agreed to let the developer put the lawsuit on hold so Harmony Homes could finish going through that process, Douglass Morgan said.

Harmony Homes ended up not going through with its appeal, and a settlement was reached. Douglass Morgan said she thought the settlement was a good one for all involved and that the city took the mitigating factors Harmony mentioned into consideration, letting the developer pay the reduced $570,000.

Douglass Morgan said the recession caused a lot of developers to tell the city they couldn’t stick to agreements they had made. In a lot of cases, the city has been able to negotiate and work with those developers and avoid court. She said she wished that had happened with this developer, but she’s happy with the settlement.

Douglass Morgan said she wasn’t involved when much of this dispute was happening so she couldn’t say why a similar deal couldn’t be reached with Harmony Homes.

“Bottom line, the taxpayers shouldn’t have to pay. North Las Vegas doesn’t have a lot of extra money. When the developer makes all this money they should abide by their word,” Shoaff said. “I’m eternally grateful because in my opinion without this getting done someone was going to get killed.”

Still, flooding has been a problem since she moved into her home 11 years ago, and she’s not happy about having to wait well over a year for flood improvements to be finished.

The schedule laid out in the agreement estimates it will take 21 months to complete the regional flood facility. The settlement absolves the developer of a responsibility to construct the facility. Harmony Homes will just pay the city and the city, in conjunction with Regional Flood Control and the Regional Transportation Commission, will build the facility.

Harmony Homes’ attorney could not be reached for comment.

Contact Bethany Barnes at bbarnes@reviewjournal.com or 702-477-3861. Find her on Twitter: @betsbarnes.