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| 9. | For possible action: Matters pertaining to an appeal (CAP-25-03) of the Planning Commission's denial of a variance (V-25-683) to permit a single-family residence and an accessory structure in excess of each structures' applicable height maximums at 3 Linda Lane:
A. Public hearing on CAP-25-03
B. Determination of CAP-25-03
A staff report was submitted by City Planner Nakeisha Planner and included in the May 27, 2025 City Council agenda packet.
Acting Deputy City Manager Michael Mays provided an overview of the Staff report.
In response to Council member Booth, Acting City Manager Mays said past examples of variances approved were included in the packet. He also noted the structure would not be seen from Nevada Way.
In response to Council member Ashurst, Acting City Manager Mays said there were no state codes or regulations regarding this subject matter. He noted all of the departments reviewed the application request and they did not site any concerns with conflicts with utilities.
Council member Jorgensen asked if there were past variances approved for accessory structures and Acting City Manager Mays confirmed yes.
Mayor Hardy said he drove by the subject matter and was comfortable that it wouldn’t be seen from the highway.
Council member Walton asked what height would be permitted if the garage were attached to the home and was informed it would be 25 feet.
Acting City Manager Mays said the height of the principle structure would be 4 feet higher than the accessory building.
Council member Booth said she drove by the property and they had no neighbors behind or on the side of them noting the lot was unique.
Mayor Hardy noted this was the time and place scheduled to conduct a public hearing and asked for public input.
Todd Martens said he and his wife Michelle owned the property and wanted to build a home for their retirement. He said the property had been vacant for 40 years and had a steep grade. He said they would like to store their vehicle in the accessory garage noting no neighbors would be impacted by it.
Council member Ashurst thanked them for doing their due diligence and going through the process.
No further comments were offered and the hearing was declared closed.
Council member Walton said there were extraordinary circumstances because of the slope of the north and south side. He said the lot was unique and challenging. He said he didn’t see a way to attach the garage in this unique circumstance. He said it definitely met the conditions required for a variance. He said he didn’t normally like using condition 3, but the property was so unique and he didn’t believe it would create a precedent. He also said it wouldn’t impact the comprehensive plan and said he didn’t have a problem reversing the variance.
Council member Booth said she and Council member Walton were former Planning Commissioners and appreciated the Planning Commissioner’s original decision.
Council Member Walton expressed appreciation for the Planning Commissions efforts..
Mayor Hardy noted the Planning Commission’s split vote and stated that, due to the unique characteristics of the lot, he felt comfortable supporting the variance.
Motion: Approve CAP-25-03 reversing the Planning Commissions decision and conditionally approve the variance based on criteria (findings 1-5) stated in Section 11-32-4 and conditions: 1) The proposed detached garage shall not be used as or converted to a dwelling unit; and 2)The variance approval is based on the plans and information submitted and discussed as part of the variance request, and the variance shall not apply to deviations to the plans if the scope of the variance is expanded beyond that shown on the plans and submitted information. Â
Moved by: Council Member Cokie BoothSeconded by: Council Member Denise Ashurst
Vote:
Aye: Mayor Joe Hardy, Council Member Denise Ashurst, Council Member Cokie Booth, Council Member Sherri Jorgensen, Council Member Steve Walton (5)
Nay: (0)
Abstain: (0)
Absent: (0)
Motion Passed
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| 10. | For possible action: Matters pertaining to FY 2025-2026 Tentative and Final Budget:
A. Public Hearing on the FY 2025-2026 Tentative Budget (Notice published May 15, 2025 - Las Vegas Review Journal)
B. Resolution No. 7975, a resolution of the City Council of Boulder City, Nevada, establishing classification titles and position ranges for Fiscal Year 2025-2026 as required by City of Boulder City Municipal Code 1-5-5
C. Discussion and approval of the FY 2025-2026 Final Operating and Capital Budgets
A staff report was submitted by Finance Director Cynthia Sneed and included in the May 27, 2025 City Council agenda packet.
Budget Manager Angela Manninen said this was the third time the Fiscal Year 2026 budget in the amount of $46.8 million would be presented to the Council. She said it was also presented at a residential workshop and to the Utility Advisory Committee. She said there were no proposed changes to the budget at any of the meetings. She noted before Council for consideration was a resolution establishing classification titles and position ranges for Fiscal Year 2025-2026 as required by City Code 1-5-5.
In response to Mayor Hardy, Budget Manager Manninen explained the handout provided at the meeting reflected an cost of living adjustment from monthly to annually for the appointed official’s contracts which resulted in a change from 2.3% to 2.6%. She noted the range for the City Manager position was also updated.
Mayor Hardy noted this was the time and place scheduled to conduct a public hearing and asked for public input.
Jack Clary asked if he could be provided the handout information provided to Council and was informed they were also available to the public and located on the table at the back of the room.
No further comments were offered and the hearing was declared closed.
Motion: Approve Resolution No. 7975
Moved by: Council Member Steve WaltonSeconded by: Council Member Cokie Booth
Vote:
Aye: Mayor Joe Hardy, Council Member Denise Ashurst, Council Member Cokie Booth, Council Member Sherri Jorgensen, Council Member Steve Walton (5)
Nay: (0)
Abstain: (0)
Absent: (0)
Motion Passed
Motion: Approve the FY 2025-2026 Final Operating and Capital Budgets
Moved by: Council Member Steve WaltonSeconded by: Council Member Sherri Jorgensen
Vote:
Aye: Mayor Joe Hardy, Council Member Denise Ashurst, Council Member Cokie Booth, Council Member Sherri Jorgensen, Council Member Steve Walton (5)
Nay: (0)
Abstain: (0)
Absent: (0)
Motion Passed
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| 11. | For possible action: Matters pertaining to the Nevada Way Reconstruction, B.C. Project No. 20-1114-STR:
A. Resolution No. 7976, a resolution of the City Council of Boulder City, Nevada, awarding a bid to Unicon LLC, in the amount not to exceed $2,645,795.00 for the Nevada Way Reconstruction, B.C. Project No. 20-1114-STR
B. Resolution No. 7977, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 25-031 between the City of Boulder City and Wilson Engineers LLC. in the amount of $180,650.00 to provide construction management services for the Nevada Way Reconstruction, B.C. Project No. 20-1114-STR
A staff report was submitted by Public Works Director Gary Poindexter and included in the May 27, 2025 City Council agenda packet.
Public Works Director Poindexter provided an overview of the Staff report. He said a town hall meeting was held to discuss the downtown parking projects and many good suggestions had been shared with staff. He said as a result of a parking demonstration, City Staff determined it best to switch to one of the other options met the requirements necessary for RTC’s Complete Streets. He said he also met personally with most of the business owners and sent surveys to the businesses along Nevada Way between Arizona Street and Wyoming Street. He said the revised configuration supports the goals for a complete street which includes a design to improve safety accessibility and include accommodations for disabled persons as required by the ADA. He noted the trees would be preserved while maintaining a 24 foot clearance and parking for longer vehicles, motorcycle parking, and improved crosswalks. He said regardless of the design, the roadway, utilities and water system needed to be redone because they were more than 50 years old. He said parking spots would be reduced regardless of the design in order to comply with the City Code. He said the construction would take place Sunday through Friday during overnight hours and reopened by 6:00 a.m. in an effort to be less disruptive to the businesses. He said they were hoping to begin construction July 7 and end before the Wurst Fest event on September 27, 2025. He said Staff would also be working to update the requirements, fees and enforcement of an encroachment permit. He said the design had to be considered carefully because the pillars on the porticoes were not uniform. He said the designated walkways would be sawcut colored cement so it could be easily identified.
Council member Jorgensen said she’s heard really great suggestions from the public and thanked staff for their willingness to consider other ideas. She asked how the changes would make the downtown area better for businesses, residents, visitors and ADA needs. She said she appreciated staff reaching out to the business owners and the ADA group. She said she has heard from members of the community asking if the need for a walkway would be necessary if the tables in the encroachment area were reconfigured. She said she understood the need for a complete street because the condition of the road was well beyond a street slurry solution and said the aging infrastructure needed to be addressed. She said she liked the idea of nighttime work so it doesn’t impede with the businesses, community and visitors during the day. She asked what the requirements were for a complete street to be funded by the Regional Transportation Commission.
Public Works Director Poindexter said a complete street included asphalt removal, pedestrian access, ramp updates, and was required to comply with current codes. He said the current parking spaces were not long enough to accommodate the length of newer trucks. He said one way to accomplish it would include parallel parking on one side of the street and angling the parking spaces on the other side of the street at 30 degrees. He said, however, this plan would result in fewer parking spaces overall.
Council member Jorgensen said she liked the idea of adding additional parking on Wyoming Street, but she expressed concern with including parallel parking on Nevada Way because it inhibits traffic.
Public Works Director Poindexter said per the City Code, parallel parking spots were 24 feet long and it would included striped spots similar to the parking on Ash Street, Fifth Street, Arizona Street, and Wyoming Street.
Council member Jorgensen said she was hearing the comments about enforcing the encroachment permits and asked what impact that might have on the businesses, particularly if it would hurt businesses financially. She said there were many blighted buildings without open business and that was concerning to her. She said walkways were important, but she did not want to create additional problems by solving one.
Public Works Director Poindexter said he understood the concerns and said staff looked at many different options including making the downtown one-way, but the impact to the neighboring streets such as Cherry and Birch were too great.
Council member Jorgensen acknowledged staff had taken into account each group that came to them with ideas and concerns. She said she understood it was difficult to make everyone happy. She concurred the timeframe for construction should take place during the slowest business season with the least impact.
Council member Booth said there was a lot of discussion about having covered walkways stating not every business in town had a covered walkway.
Public Works Director Poindexter confirmed 8 out of the 24 businesses along Nevada Way had a covered walkway.
Council member Booth went on to say it was important to promote small businesses so they can flourish. She said it was important to have the walkway on the outside of the portico because the inside area was congested with patrons and servers. She said it would be difficult to maintain the inside area during busy weekends and events. She said most of the sidewalks in Boulder City were not covered. She praised public works for listening to everyone’s concerns. She said it would be so much easier to walk on a saw cut walkway because it had a smoother surface which was easier to walk along and push things such as a baby stroller. She said she was also in favor of adding color to the walkway so it was easily identified as a path. She said she thought the project was a win-win for patrons and businesses. She said it was important to work it out without receiving code enforcement citations which would not be beneficial for attracting business.
In response to Council member Ashurst, Public Works Director Poindexter said the complete street requirements could be met if the parking spaces were not changed; however, they would not meet the requirements of the City Code. He also agreed that the encroachment permits needed revised language to hold businesses accountable if they did not comply. He said that matter would come back for Council approval at a future meeting because it required a lot of updates such as the City being named as an additional insured.
Council member Ashurst said it was important that self-enforcement, business enforcement and police enforcement of the encroachment area were all aligned or the situation would remain unchanged. She expressed concern about citizens walking in the sun and suggested the walkway be shaded.
City Manager Thomas said the project was in three parts: 1) reconstruction of the street; replacement of aging utilities; improve parking, crosswalks/pedestrian which would be beneficial to all; 2) enforcement; and 3) reform encroachment permits. He said the improvements would be beneficial to everyone. He said Public Works Director Poindexter had done a really good job trying meet all of the concerns expressed for a complicated area that included many interests.
Council member Ashurst asked if there were other solutions to eliminate parallel parking and still make it ADA compliant.
Public Works Director Poindexter said the parking could be left as is and have stronger encroachment permit enforcement; however, it does not meet the current City Code requirements for parking and the issue of longer vehicles not fitting within the designated space would remain unresolved.
In response to Council member Ashurst, Public Works Director Poindexter said it was important to approve the funding for the project. He said the decision about the design could be postponed, however, it could delay the projected start date on July 7, 2025 which could be detrimental to the businesses. He discussed spending $70-80K for a slurry seal which would be a temporary solution but it was not a guaranteed solution. He said the current road condition was terrible.
Council member Ashurst said businesses reached out to her and were originally in favor of center parking. She said this issue had been discussed since 2021.
Public Works Director Poindexter said during some of the conversations, it was brought to his attention that another water fountain was desired in addition to the one currently located on Arizona Street and Nevada Way. He said staff would consider installing another one at the other end of the downtown area and said signage and street markings would also be addressed.
Council member Walton asked if different options had been presented to the businesses.
In response to Council member Walton, City Engineer Jim Keane said he and Economic Development Coordinator Raffi Festekjian met with most of the businesses owners and they were not in favor of one of the options presented because they would lose table and chair space.
Council member Walton asked if the square footage had been measured or was the concern about losing table and chair space subjective and City Engineer Keane concurred it was subjective.
Council member Walton said it was important that the City hold itself accountable and comply with the City Code as the City required of other businesses and development. He said no matter what design was selected, there would be fewer parking spaces. He asked if the 8 parallel spots were changed to angled parking, how many parking spots would be available.
Public Works Director Poindexter said it would be configured differently, but the number of spaces would be similar.
In response to Council member Walton’s concern about the front or back car bumper extending onto the sidewalk, Public Works Director Poindexter said with the additional 4 feet of concrete, there would be a total of 7 feet outside of the portico with parking bumpers to help resolve that issue.
In response to Council member Ashurst, Public Works Director Poindexter said some of the designs being considered were festive gates to be used to close down the street during events with bollards added as a safety measure. He said after the discussion tonight, the would evaluable including removable bollards instead of festive gates.
Mayor Hardy said, in essence, the City was giving away free land with the approval of encroachment permits to support the businesses. He said encroachment permits needed to be reevaluated and include much stronger enforcement. He said he did not believe the City should spend money to slurry the road because the City had an obligation to repair the road. He said, overall, parking spaces would be increased with the number of parking spots made available on Nevada Way and Wyoming Street. He said parallel parking had been considered to accommodate the space needed for fire engines. He said ADA concerns would not be addressed if the City did not make changes.
Council member Walton questioned whether a 4-foot extension on the north side would be sufficient for fire truck access.
Public Works Director Poindexter responded that he was initially unsure until he conducted research which revealed 27’ foot roads were required by code.
Council member Walton expressed a preference for minimal changes, acknowledging that the roadway would need adjustments but suggest the layout could be modified instead. He emphasized that residents and visitors want to preserve outdoor dining and asked if the goal could be met by simply altering table and chair arrangements.
City Manager Thomas said if 48” of concrete was added to the existing sidewalk under the canopy, the necessary space for tables would be lost and there would not be a designated ADA walkway.
City Attorney Walker said added enforcement would be difficult regardless because of the nature of tables and chairs moving around. She also said not having a designated walkway made it even more challenging for ADA compliance.
Mayor Hardy called a 10 minute recess at 8:47 p.m.
Mayor Hardy called the meeting back to order at 9:04 p.m.
After a lengthy discussion City Manager Thomas suggested the City Council table the item and ask staff to return it to the June 10th meeting with additional details on street widths, sidewalk dimensions, feedback from the business owners along Nevada Way, and provide exhibits showing the reconfigured parking and extended sidewalks.
In response to Mayor Hardy, Public Works Director Poindexter said bringing the matter back on June 10th would make the timeline more challenging, but confirmed the project could still begin as planned.
Motion: Table the item to the June 10th meeting and bring back additional details on street widths and sidewalk dimensions, feedback from business owners along Nevada Way, and exhibits showing the reconfigured parking and extended sidewalks.
Moved by: Council Member Denise AshurstSeconded by: Council Member Cokie Booth
Vote:
Aye: Mayor Joe Hardy, Council Member Denise Ashurst, Council Member Cokie Booth, Council Member Sherri Jorgensen, Council Member Steve Walton (5)
Nay: (0)
Abstain: (0)
Absent: (0)
Motion Passed
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| 12. | City Manager’s Report Claims Paid Report
A staff report was submitted by Finance Director Cynthia Sneed and included in the May 27, 2025 City Council agenda packet.
City Manager Thomas said there was nothing unusual to report.
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| 13. | City Manager’s Report Financial Report (unaudited)
A staff report was submitted by Finance Director Cynthia Sneed and included in the May 27, 2025 City Council agenda packet.
City Manager Thomas said there was nothing unusual to report.
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