A staff report was submitted by City Clerk Tami McKay and included in the August 27, 2024 City Council agenda packet.

A staff report was submitted by Economic Development Coordinator Raffi Festekjian and included in the August 27, 2024 City Council agenda packet.

A staff report was submitted by Public Works Director Gary Poindexter and included in the August 27, 2024 City Council agenda packet.

A staff report was submitted by Public Works Director Gary Poindexter and included in the August 27, 2024 City Council agenda packet.

Public Works Director Gary Poindexter said staff had been working with Lage Design to create a plan to reduce the turf at the Municipal Golf Course.  He said staff was seeking directive to determine a plan for turf reduction and the irrigation plan.

Geoffrey Schafler, Lage Design, said they received nearly 140 responses to a survey and received additional comments via email.  He provided an overview of the project.  He said trees in the turf removal area would only be removed if they were dying.  He said the plan introduced at the open house was estimated to meet the necessary water consumption.  He said after the public meeting, the plan was redesigned to remove 10 foot of turf around the perimeter and to remove the turf on the driving range. He reviewed the comparison matrix included in the packet.  He said the second plan included 642 acre feet of water versus 94 acre feet of water which would have been the result of the first plan.  

Council member Walton asked to explain the water budget in laymans terms.

Mr. Schafler said the water budget was established by Southern Nevada Water Authority. He said one acre foot was the amount of water that would cover one acre of land one foot deep.  He said there was 532 total acre feet of water available to be used for irrigation if nothing was done. He said we are currently using well over 532 acre feet of water due to an outdated and inefficient irrigation system.

Council member Walton said the water budget was adopted by City Council at the recommendation of the SNWA.  

Mr. Schafler said 532 acre feet was the goal, but it could be better achieved with the removal of turf. 

Public Works Director Poindexter said the new irrigation design would include a control system that would run off of weather stations that would be done automatically instead of manually.  He explained a bad area of the course would be watered in that specific section only; whereas the old system required a larger area be watered.

Council member Walton said not all of the unplayable areas were non-functional. He said some were used for flood control, etc.

Mr. Schafler said the arborist report included all of the trees that need to be removed.  He said the idea was to not remove all of the trees.  He said if trees were required to be removed in a turf reduction area, it would be replaced with a tree so it would be eligible rebate offered by SNWA.

Council member Walton asked how the rebate would be applied to the project and asked if the rebate came back to the City.

Public Works Director Poindexter said the City was managing the rebate application for the project.

In response to Council member Booth, Mr. Schafler said her concerns regarding dirt blowing into artificial turf would be addressed in the plans.

In response to Council member Jorgensen, Mr. Schafler said the plan only removed trees from the turf reduction area.  He said the contractor could be contacted if the City wanted other dying trees removed at the same time.  

Public Works Director Poindexter said they were aware of the areas of xeriscape not preferred and had a better plan.

Mayor Hardy said he received a call about too many pine needles in their yard.  He said not every issue can be resolved, but asked if there was a plan to reduce trash, etc.

Public Works Dicertor Pointdexter said maintenance was easier with chat and xeriscape required more maintenance. 

Council member Jorgensen discussed the decay to the walls along the perimeter being a concern to the residents and said this plan would eliminate the water damage to the walls.  She said there would be a level of maintenance and asked that it be maintained properly.  She said thank you for listening to the residents. She said it was clear we needed to be responsible living in the desert.  She said Boulder City was taking measures to conserve water.  She said this was a win win moment.

Public Works Director Poindexter discussed the estimated timeline for the project. He confirmed 9 holes would remain open during the construction phase.  

Council member Walton asked how the City would manage fine if they exceeded the water budget.  

Public Works Director Poindexter said fines had to be approved by City Council noting it would not be paid by the residents.  He said the amount of the fine would be absorbed by golfers and added to the per golf round fee in the amount of of $1.53.

In response to Council member Walton, City Attorney Walker said the fines had to be used for water conservation from the general fund.  

In response to Council member Jorgensen, City Manager Mays said impacts to golf course operations from Toll Brothers were unknown at this time because a timeline for the construction of homes had not been determined.  

Council member Jorgensen said she was comfortable with the second plan.

A staff report was submitted by Utilities Director Joseph Stubitz and included in the August 27, 2024 City Council agenda packet.

Utilities Director Joseph Stubitz provided an overview of Assembly Bill 356 and the efforts to address the removal of non-functional turf on City property.  He provided a PowerPoint presentation to address the City’s parks and their nonfunctional turf. He said there was a committee named Nonfunctional Turf Removal Advisory Committee who determined what non-functional turf was. He said the maps included in the packet identified the non-functional area in red. 

In response to Council member Fox regarding his concern with removing turf from Wilbur Square, Utilities Director Stubitz said they submitted a request to extend the sidewalk there and would be a minimal small turf removal. 

Public Works Director Poindexter said fixing ramps at Wilbur Square would make them ADA accessible making it easier for the cars to access. He said the plans included a gate to protect citizens instead of using orange barriers.

Council member Jorgensen asked for the definition of functional versus non-functional.

Utilities Director Stubitz read some of the definitions included in the guidelines that were created by the Nonfunctional Turf Removal Advisory Committee.

Athletic field turf: Grass used for sports or physical education that is 1,500 contiguous square feet or greater; not less than 30 feet in any dimension; and located at a school, daycare, religious institution, recreation center, senior center, park or water park. Athletic field turf may be located less than 10 feet from a street or interior-facing parking lot if the contiguous turf area is at least 30 feet in all dimensions.   He said only portions of the park are considered non-functional.
Pet relief area: Grass at a property providing commercial and retail services for pets, such as veterinarian and boarding facilities. The area must not exceed 200 square feet.
Resident area turf: Grass up to 150 square feet per dwelling unit at multi-family residential properties, multi-family mixed use properties, or assisted living and rehabilitation centers used by tenants for recreation or leisure. May not be located in parking lots, streetscapes or other non-accessible areas.

He noted portions of the parks were deemed non-functional if they did not meet the setback requirements. He said if the turf did not meet the definition the Advisory Committee created the wavier process could be completed. 

Council member Jorgensen said the front of City Hall had been designated non-functional and said she saw people utilizing it frequently.  She said as a municipality, the water use had been reduced by the highest percentage of all municipalities in the valley.  She said Boulder City was known as Clean, Green, Boulder City and hoped it remained.  She said she preferred the idea of pavers versus chat. She said Boulder City chooses to conserve water differently than the other cities.  She said we preferred to dig holes instead of grow.  She said 100+ acres of Boulder City’s conservation area allowed the other cities to grow.  She said in addition, Boulder City had a controlled growth ordinance.  She said Boulder City only used 40% of its water allotment.  She said the remaining allowed the other communities additional water to grow. 

In response to Mayor Hardy, Utilities Director Stubitz said Boulder City exponentially reduced its water consumption each year.  

Council member Booth asked if artificial turf could be used to keep areas green.  She said some residents on Birch Street had utilized artificial turf and it looked great.

Utilities Director Stubitz said there were options other than crushed granite.  

Council member Walton said  Nevada’s allocation of Colorado River water was 3% of overall allocations. He said Boulder City’s share of the Colorado River allocation was approximately 6% of the overall allocation. He said Boulder City used 40% of its water allocation.  He said 60% of our allocation went to the other jurisdictions for their use, per the 1991 cooperative agreement.  He said Boulder City’s water use was under 3% of the total allocation for Nevada. He said Boulder City used the per capita comparison but failed to take into account the consistency of our population, and the fact that Boulder City was not prone to build high density housing throughout our community.

Mayor Hardy said it appeared the city was in favor of its parks. He said there was no opposition to City Staff asking for waivers.

Mayor Hardy called for a 10-minute recess at 6:33 p.m.   

Mayor Hardy called the meeting back to order at 6:46 p.m.

A staff report was submitted by City Planner Nakeisha Lyon and included in the August 27, 2024 City Council agenda packet.

Acting City Manager Mays provided an overview of the staff report noting the Planning Commission recommended 7 to 0 to approve the master plan.

Mayor Hardy noted this was the time and place scheduled to conduct a public hearing and asked for public input.

Peter Ross, representing Desert Research Institute said the request had a long historic use of the property for research.  He said it was discovered that the zoning and master plan did not conform to the use.

Council member Booth said she toured the facility and it was interesting.

Mr. Ross said they conduct environmental research. He said in Boulder City, they worked on desert plants and determined how fast water moves through soil.  

There being no further comments offered, the hearing was declared closed.

A staff report was submitted by Acting Fire Chief Greg Chesser and included in the August 27, 2024 City Council agenda packet.

Assistant Fire Chief Josh Barrone provided an overview of the Staff report and said he was available to answer any questions.  He noted there was a handout provided to correct a numbering issue with no other changes.  

Council member Walton said Emergency Management Council should not be confused with the City Council.

A staff report was submitted by Airport Manager Marissa Adou and included in the August 27, 2024 City Council agenda packet.

Acting City Manager Mays provided a overview of the Staff report.

A staff report was submitted by Airport Manager Marissa Adou and included in the August 27, 2024 City Council agenda packet.

Acting City Manager Mays provided an overview of the Staff report.

A staff report was submitted by City Planner Nakeisha Lyon and included in the August 27, 2024 City Council agenda packet.

Acting City Manager Mays provided an overview of the Staff report noting this is the first step to amend the Master Plan and amend the zoning to GM, Government Municipal, to keep it consistent with DRI’s use. He said the Planning Commission recommended its approval 7 to 0.

Mayor Hardy noted this was the time and place scheduled to conduct a public hearing and asked for public input.

There being no further comments offered, the hearing was declared closed.

Council member Jorgensen said the property backed up to an existing residential area noting nothing more than a one story building would be permitted.

A staff report was submitted by Parks & Recreation Director Julie Calloway and included in the August 27, 2024 City Council agenda packet.

Parks and Recreation Director Julie Calloway provided an overview of the Staff report.  She said the resolutions included shared funding for homeless management.  She said the funds were budgeted and had not increased.  She said Boulder City benefited by receiving Federal funding for St. Jude’s Ranch for Children and Emergency Aid of Boulder City.  She said Boulder City had access to Clark County services.

In response to Council member Fox asking what would happen if Boulder City did not participate, Parks and Recreation Director Calloway said the City would not look like a good community partner. She said it would also eliminate HUD funding to local non-profits.
 

A staff report was submitted by City Planner Nakeisha Lyon and included in the August 27, 2024 City Council agenda packet.

Acting City Manager Mays provided an overview of the Staff report.  He said a resident built a fence without obtaining a permit and constructed it over the City’s right of way.  He said it blocked access for Public Works to access utilities if needed. He said the applicant submitted a variance and the Planning Commission held a public hearing and ruled 7-0 to deny the variance.  He said the property owner had the right to appeal the Planning Comission’s decision to the City Council.  

In response to Mayor Hardy, Acting City Manager Mays confirmed the fence should be moved back 9 feet onto their own property.  

Council member Fox asked if part of the fence could be moved with the gate left in its place.

Acting City Manager Mays said the gate was in the right-of-way area. He explained a larger area was typically excavated to get to the utilities.  

Mayor Hardy noted this was the time and place scheduled to conduct a public hearing and asked for public input.

Karen Richardson, land use representative for the family, said it wasn’t clear to the family that the fence wouldn’t be allowed.  She referenced a house across the street who built a wall in a similar location.  She said the family believed the fence offered security and privacy.  She said the owner did not want to remove the gates noting the vehicles would not be able to park at the front of the lot if the gates were moved back.  She said the gate was appealing and fits the neighborhood.  She asked for an approval of the variance with the existing gates remaining and move the remaining fence back.  She said a bond could be included to ensure accessibility for the City for future needs.

Acting City Manager Mays said the area denoted in yellow on the map was a concern to get to the utilities in the right-of-way which affected more than just that home. He informed the City Council that Southwest Gas utilities were also located in that area.

Mayor Hardy expressed concern with the existing utilities affecting the neighbors and not the actual right-of-way.

City Atttorney Walker noted findings must be included in order to approve the variance request and read all 5 Criterias.

In response to Council member Jorgensen, Acting City Manager Mays said fences required a permit.

Council member Booth said she had a concern setting a precedent.  She said she was sure other homeowners would like to build on the City’s right-of -way and it would be difficult to say no if this was allowed.

There being no further comments offered, the hearing was declared closed.

Council member Walton said when there was a utility right-of-way, hard scape or landscape could cover it with the understanding it would be dug up if needed and the onus was on the property owner.  

City Attorney Walker confirmed the City Code allowed the property owner to include landscape on City’s right-of-way with the understanding the City could dig it up and bare no cost to do it.

Mayor Hardy said the Planning Commission voted to deny it 7 to 0 and there was great concern the fence was built over utilities.  He said he understood the challenge to park cars on their property, but said he agreed to uphold the Planning Commission’s decision with their findings.

Council member Fox said it was an unfortunate costly mistake.

Council member Walton clarified Public Works was not in support of the fence location.

Council member Jorgensen said applying for a building permit would have avoided the current fence placement.  She said the fence was beautiful, but allowing it would set a precedent.

A staff report was submitted by City Clerk Tami McKay and included in the August 27, 2024 City Council agenda packet.

City Clerk McKay provided an overview of the Staff report.

Council member Walton nominated Denise Ashurst; no further nominations were offered.

Denise Ashurst was appointed by acclamation.

Council member Fox nominated Norma Vally.

Council member Booth nominated Donna O’Shaughnessy

No other nominations offered and nominations were declared closed.

The vote was as follows:

Donna O’Shaughnessy: Hardy, Booth, Jorgensen, Walton 

Norma Vally: Fox 

Donna O’Shaughnessy was appointed to the Historic Preservation Commission. 

A staff report was submitted by City Attorney Brittany Walker and included in the August 27, 2024 City Council agenda packet.

City Attorney Walker provided an overview of the Staff report noting Boulder City was allowed one bill draft request per year according to State law.  She said the City had retained Warren Hardy, Hardy Strategies, as the City’s lobbyist with more than 30 years experience.  She said one of the ideas was to pursue a legislative change to permit a retired PERS employee to regain work status.  She said this could be an opportunity for smaller jurisdictions to benefit from their experience and the exception did not require the City to contribute to PERS which was a savings to local government.  She noted the legislature also had the ability to make changes to the Charter if the Charter Commission provided recommendations to possible language updates.  

Council member Booth said she supported both proposals.

Mr. Hardy said additional bill drafts could be sought through other delegates.  He said changes to the Charter could be requested, but some legislators wanted to medal in other City’s charters.  

Mayor Hardy shared the same concern about opening the Charter.

In response to Council member Jorgensen, City Attorney Walker said it was her understanding the Railroad Museum would continue to receive funding.  She said she was supportive of the request to allow retirees to rehire, but not supportive of the Charter changes.

In response to Mayor Hardy, City Attorney Walker confirmed the exception would allow someone retired from Nevada PERS to regain employment and continue receiving their retirement.

Council member Walton asked if there had to be a limit to which employees be included noting there was a need for positions such as Building Official and Linemen.  

Mr. Hardy said he believed the smaller cities would support this request, but there was never a guarantee.  He also confirmed charter amendments were not limited and completely open.  He said it would be better to ask a legislator to support a charter amendment so it could be pulled if needed.  He said it was a good idea to have the Charter Commission meet regularly to review the Charter.  He recommended being patient and to do it during the interim.  He said the PERS suggestion was ideal.

In response to Mayor Hardy, Mr. Hardy said from a germain perspective, opening up the City’s Charter did not open everyone else’s Charter.  He said that theory only applied to general law cities. 

Council member Jorgensen expressed concern about Boulder City’s charm and did not want it opened for someone else’s idea about Boulder City.

Mr. Hardy suggested going with a Charter amendment only if major changes were needed.

Council member Fox said he would like the radius increased with respect to registered sex offenders living near schools and suggested a 4-mile radius.  

City Attorney Walker said this type of change would affect all cities throughout Nevada so we would want to get their concurrence.  She said there were other opportunities to discuss it at the legislature.

Mr. Hardy said this type of legislation was challenging because there were other factors. He said as an example, a sex offender could be required to register for minimal offenses such as a prank done years ago.  He said everyone wanted to protect children, but there were going to be challenges.  He said it would be a difficult bill.  

City Attorney Walker said the definition of a sex offender is extremely broad.

Council member Jorgensen said it only took one incident to become a problem.  She said she was shocked about the distance requirements.  She suggested finding support from other communities and asked them to discuss the population cap of distance requirements for registered sexual offenders. She said some fights were worth it.

Mayor Hardy said Assemblymen and Senators had several bill drafts that could be utilized.  

Mr. Hardy said you could always engage in a fight, but there were several advocate groups that think differently.

 

A staff report was submitted by Finance Director Cynthia Sneed and included in the August 27, 2024 City Council agenda packet.

Acting City Manager Mays said there was nothing of note to report.

A staff report was submitted by Finance Director Cynthia Sneed and included in the August 27, 2024 City Council agenda packet.

Acting City Manager Mays said there was nothing of note to report.