City Council - Regular Meeting

That's test one. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat.

Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. The mics are going live. Heat.

Heat. Heat. Heat. Heat. call the meeting to order. Welcome to the city council. Appreciate everybody being here. Madame city clerk, if you could confirm posting and roll call, please.

Thank you. The agenda was posted in accordance with Nevada open meeting law and all members are present.

Thank you. If you could all rise with us and have Greg Gonzalez who's going to offer our invocation from our Savior Lutheran Church. After that, please remain standing for the pledge. Let us pray. Almighty God, heavenly father, you're the maker of heaven and earth, the giver of every good gift, and the one who establishes order for the blessing of all people. We thank you for the community of Boulder City, for its history, its people, and the many ways you provide through good government, peaceful neighborhoods, and faithful work and daily callings. As this council meets tonight, we ask your guidance according to your gracious will. Grant these leaders wisdom that's just, compassion shaped by your mercy and clarity grounded in truth. Guard them from pride and haste, and strengthen them to serve with integrity and humility for the good of all. We also pray for all who live and work in this city, families, workers, business owners, teachers, and first responders. Protect them, provide for them, and sustain them in every need. Remind us that true peace and unity come from you alone. Bring calm to our discussions, fairness to our decisions, and a spirit of cooperation among all who are gathered here through Lord Jesus Christ our Lord. Amen.

Amen. Thank you, pastor.

Join us with pledge. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. We have a proclamation proclamation. Whereas Emergency Aid of Boulder City has been providing food and financial assistance to Boulder City since the 1930s and has been incorporated as a nonprofit in Nevada since 1966. Whereas the we call it the AEABC is staffed by volunteers and relies on federal, state, and city grants as well as private donations from residents and and organizations and has on-site food pantry which is regularly stocked with fresh produce, rosen meat, non-p perishial staples. And the pantry is an affiliate agency of three square and subject to the rules of USDA and the de Nevada department of agriculture also provides financial aid to those in temporary crisis and can be used to help pay rent, utilities and other urgent needs. Whereas the Emergency Aid of Boulder

City's official nonprofit organization was signed on March 28th, 1966, makes 2026 their 60th year as a 5013C nonprofit. And now therefore, I, Joe Hardy, mayor of Boulder City, Nevada, do hereby proclaim March 28th, 2026 as emergency aid of Boulder City's 60th anniversary. CLAP. And I think this is more than appropriate to have a photo. So, we will come down from We want everyone up here.

Yeah, I do. It's not me. Your chin needs to be between these two right here. There you go. Thank you. And then Steve. Okay, there you go. That's nice. There we get to see everybody.

All right, go ahead. And then look right here. One, two, three. One, two, three. Yes. Thank you.

Neat. See no other seeing no other public announcements we will open uh for public comment. The initial public comment is anything related anybody can say anything about uh in public comment anything related to the agenda tonight. welcome to come forward and take your three minutes and appreciate you being here. Actually, it's five minutes.

No, it's three. It's three minutes now. It says three. And state your name.

So, you're doing exactly what we want you to do. Write your name, state your name, and then take your three minutes or less if you want. Mayor Hardy and council members, my name is David Ellard. I live at 1333 Catail Falls here in Boulder City. I spoke on February 24th about my opposition to ballot question number one. And I'm here again tonight for the same reason, agenda item similar similar reason, agenda item number 11. I'm asking that you keep data centers out of the list of allowed uses at LMP requests at least for now because of the potential impacts on the El Dorado Valley environment and natural resources. First, during discussions on ballot question one at the February meeting, I heard comments suggesting a data center is not outside the approved scope for the area. I don't agree. Solar generates power power. Battery storage stores it for delivery to the grid. Natural gas generation produces power. A data center is different. It is a large continuous load that consumes power. New solar and battery storage are included in the in the uh request, but it appears those pieces are being designed to serve the data center. Excuse me. Second, on the agenda packet, after reviewing it, I'm concerned the backup material from Townsite Solar 2 contains some errors and may be missing key details. Before the city makes a decision with long-term impacts, I'm asking for clear and corrected information that the public can review. Third is our wastewater. The electrical m materials describe two project phases, but the affluent discussion isn't clear broken out by phase. Residents deserve simple phase byphase accounting. How much water is

needed, where it comes from, and what happens if the project expands, excuse me. If the site is fully built out, I'm I'm concerned that fluent supplies will fall short and that the city could later be asked to modify any contract to allow portable water instead. More broadly, I'm concerned about the direction this sets for the city's long-term water strategy. It appears that we may be moving towards selling affluent rather than returning treated water to Lake Me for credits. I understand additional studies are funded and the SNWA study results are not yet public. Until those results are available, I believe the city should avoid commitments that are hard to unwind. I'd like the city on its own or with Henderson to prioritize remain returning treated wastewater lake me for credits. So, my request tonight is straightforward. Please do not approve adding data centers to this LMP application until after the November election. This issue is important enough that residents should have the chance to vote first and the council should have the benefit of that clear public direction. Thank you for your time.

Thank you, Mr. Zeller. So, sometimes we uh get in favor of some things and sometimes we're not in favor of some things, but we do appreciate the decorum that's here in the uh chambers. So, if you can refrain from clapping, we'd appreciate it. Thank you.

Hi, Brendon Delier. Um, hi mayor and council. I want to bring your attention to a critical issue with the post proposed data center project. One that on its own I would hope would stop this project from moving forward. The applicant's energy calculations in your agenda packet are wrong. And they're not just slightly wrong. They're off by a factor of 1,000 in the applicant's favor. Um, the correct figures are in the thousands of gigawatt hours annually, not single digits as stated. And that is a fun fundamental rip misrepresentation of scale. This proposal is up to 300 megawatts of continuous use. And using my own home as reference, that amount of power could supply roughly a quarter million homes. So Boulder City has approximately 6,500 homes total. This one project alone would use 22 times all of the residential energy used in our entire city. 22 times what we use residentially. And that energy doesn't just disappear. It becomes heat, which we already have plenty of already so far this year. And it's not even June or July or August yet. U a facility of this size would generate um heat equivalent of turning on a 1500 watt space heater except 200,000 of them. So running non-stop 247. So just for reference. Um, at the same time, this proposal says it'll use up to 650 gallons of our treated effluent um, per day, which is about half of our current um, daily output. And there's no mention what would become of the wildlife in the area where it currently um, releases to out in the desert. And there's no mention also of what they

would actually return back to the wastewater treatment facility. Um the applicant also proposed um as Dave said a battery storage project for this site. That kind of project keeps power on the grid and this project does the opposite. It takes power from the grid and an enormous amount of it. So, um, I feel like it's irresponsible to push for this as the single solution to the budget shortfall that was presented in the January 27th city council meeting when other more sustainable options were presented. Um, such as at the 24 February 24th city council meeting, moving the golf courses into an enterprise fund. Um, or back at the January 27th meeting, there were several other um, solutions offered by finance. And beyond the the project itself, um there was a broader concern about public trust. If approved, this project would be recommended to the planning commission for approval. And at the February 24th city council meeting, um there was a council majority appointment of a council majority church aligned leader to the planning commission which does raise serious questions about a project about a process that is supposed to serve the public not advance predetermined outcomes. So until the impacts are fully understood and alternatives are seriously evaluated, I would ask that the project not move forward, please. Thank you all.

Thank you. Kind of stayed to three minutes there. Someone is on the phone. Pardon? Someone's on the phone. So we have someone on the phone. Thank you for holding. Go ahead.

Yes. Good evening. For the verbatim record, Fred Boltz. Agenda item four needs removal from the consent agenda for further discussion and staff research. Penile county sits some 300 miles from Boulder City. The me substation allegedly is at capacity. We know nothing about the transmission line capacity or transmission costs between Panol County and Boulder City. What will the income be to the city utility department at the current retail electric rates? How will the total cost per kilowatt hour compare with other power sources? None of these questions were answered in the staff summary. As for item number five, fewer cheerleader type statements and more facts are needed, especially regarding golf course operations. If successful means taking millions of public dollars from other places to pay for irrigation systems, luxury lawnmowers, and other capital projects, then it is easy to justify that the accounting performed by the city finance department is substantially incomplete. The two courses do not pay retail water rates toward maintaining the water system and its operations. They are assessed no depreciation expense and hundreds of thousands of dollars of staff support costs are excluded from the results. Four members of this council have refused to place the courses in enterprise fund status to produce complete accounting which will lead to a notably inferior financial result than presented today. Finally, item 11 comes at a strange and illogical time. This council placed the data center question on the November 2026 ballot. Until voters indicate that these data centers are appropriate for our community, there should be no movement by city officials toward advancing data centers on any basis. Communities around the country are being

pressured to fasttrack these questionable centers, negatively impacting water and power supplies and creating new air pollution when hundreds of diesel generators replace adequate power supply from the existing grid. In too many cases, elected and appointed officials are ignoring the will of their communities and attempting to accelerate approval and construction. Let's not be one of the foolish communities chasing a fast dollar to our long-term detriment. Thank you. Thank you. Anyone else on the phone?

Public comment. Go ahead.

Good evening, Mayor and Council. My name is Troy Patrick Ferrell, resident of Boulder City, beautiful Boulder City, and I'd like to address the proposed data center using measurable impacts and real world comparisons. First, scale. This is not a typical facility. Public data from existing large data centers shows most operate in the range of 60 to 140 megawws continuously. That's approximately 500 to,200 gawatt hours per year. This proposal is approximately 300 megawatts continuous or over 2600 gatt hours per year. That places it well above the average of existing large data centers in the US. Second, water use proposal includes up to 650,000 gallons per day of treated waste. Boulder City produces approximately up to 1.5 million gallons a day. That means this single facility could consume nearly half of the city's wastewater output in a region that's dependent on Lake me. This is a significant and long-term resource commitment. energy. The energy demand at 300 megawws continuous, this facility would use roughly 20 plus times the residential electricity of beautiful Boulder City. This level of demand requires sustained infrastructure adds long-term pressure to the regional grid. Heat and energy and efficiency trade-offs, excuse me. Nearly all of that energy turns into heat. And while low water cooling systems are often presented as a solution, they increase our electricity use, especially in extreme heat. You all have noticed the temperatures go way up in March, making

them less efficient in desert environments such as ours. Fifth, economic imbalance. Data centers are highly automated and provide limited long-term employment while requiring substantial land, water, and power resources. Finally, decision risk and public trust. The applicant's energy estimates appear to have been significantly understated in earlier materials. When a project of this scale moves forward with unresolved data questions, it's reasonable for the public, your constituents here in Boulder City, to ask whether this decision reflects long-term community planning or shortterm financial incentives. How about that pool? This is not an accusation, okay? It's a question of transparency and due diligence. In closing, this is not a reversible decision. It represents long-term shift towards highintensity industrial use in our beautiful small historic town of just 15,000 people. Once that shift begins, it sets a precedent and it cannot easily be redone. For these reasons, scale, water use, energy demand, long-term risk, I respectfully and passionately urge you to reject this proposal. Thank you.

Thank you. We'll go to here in chambers. All right. Go ahead, ma'am.

Good evening, uh, council. U, my name is Mary Venal. Um, I'm a resident Boulder City. Uh, I'm an architect and I also hold the certified energy manager certification from the Association of Energy Engineers. I'm here to speak against allowing data centers in Boulder City. uh previous speakers have given the figures and they're kind of unbelievable but that's the figures we have uh the figures I have are that it's uh um that it will consume roughly 2300 gawatt hours per year um whereas our city consumes 106 is that possible but that's the numbers that I found uh also the previous speakers have talked about the use of the effluent that it'll consume half to a third of the effluent that we generate. Um that effluent there better things to do with that effluent needs to be reclaimed. Uh so data centers have also been very detrimental to the communities that they've been placed in and the extra demand for utilities uh has has hurt consumers because the community in a whole as a whole has to pay for uh facilities to generate that electricity. So it it's a bad deal if I might say it's insane. It's an insane deal. It's it's a terrible risk and it's not appropriate for a little city like ours. Let's let Las Vegas do it. There are better things that we can do to generate income. Thank you.

Thank you. Anyone on the phone line?

Yes. Hello. This is Kathleen McGarity calling you. Uh I am watching via live stream together with my brother George III. I would simply like to say that we concur with the gentleman who first spoke on his uh concerns about uh item agenda number 11. And we would ask that the council consider uh not making a decision until after the election and uh to provide the information and analysis that will be forthcoming. I want to just mention that my brother George is a UNLV graduate kumlada in in IT uh technology and he has studied the cooling process on this type of endeavor. Uh so we uh agree with this gentleman who first spoke and thank you very much. Bye-bye.

Thank you. Anyone here in chambers? Hello, my name is Cherabel Lob. I've previously spoken on this issue before because I'm here to talk about the uh data centers. We've heard a lot about the energy output that it's going to cause or that's going to be needed for it. And we've heard about the wastage from the water and things like that. But one thing that hasn't been touched on enough in my opinion is the health impact. According to community and environmental defense services, the data centers release dangerous air pollutants and gases, including nitrogen dioxide and tiny inhalable particles that can hurt people's lungs. According to the National Health Institute, they said that the tiny inhalable particles can cause between 100,000 and 200,000 premature deaths per year. Now, Boulder City, it has it is a lovely mixed community and in it we have a lot of people who are a bit older who may not care as much if the if something like this is built because, well, it's not going to have much impact on their health. They've had time to have a long, beautiful life. They've gotten to travel, have jobs, and build families. I myself don't have to worry about it as much in comparison to most of the people in this room because I myself am not going to live much longer. I have already outlived what most doctors expected me to. Even when Mayor Hardy was my doctor, he had worries about my life expectancy because my family was exposed to dangerous chemicals by a supposedly safe

government supported energy and industrial uh sorry from being exposed to support supposedly safe government supported energy and industrial resources. I'm 24. I've already had a heart attack. I've already nearly lost my life and I can never have children due to things that we were told were safe, things that should have been researched more. These are already showing so much harm and they're still new. Maybe one day they'll be safe to put in, but right now I beg with the council, please think of the children. There are kids here who are going to want to spend their lives in Boulder City and won't be safe, too. I'm already a lost cause. Please don't make the children a lost cause, too. Thank you.

Thank you. Anyone on the phone? Public comment. Go ahead.

Hello, Mayor and City Council. My name is Jennifer Levit, and I would like to speak on item number 11. Um for background, I was both a lab technician and eventually I became the assistant to the project manager um the assistant in project management for um companies that utilize closed loop cooling systems. Um while I have a lot of concerns involving the data center coming, you know, the environmental impact, the impact on wildlife, um the the possibility of of the increases of asthma and so on in children in the community, I want to speak. I keep hearing that um we shouldn't be so worried because of the closed loop system, but as a person who worked with closed loop systems um I know firsthand they're not completely closed. They really aren't. Um or closed loop systems when you have to do repairs to them most of the time when any repair has to happen you have to do what's called blowback. It's a discharge. Water in the outer loops and especially in these systems can become contaminated. So what you have to do is you have to discharge that water for repairs. And when those happen, all those forever chemicals are released either into the water systems, the groundwater or into the open air environment. Um, just because it's a quote unquote closed loop system, it doesn't mean that it's a safe system. Um, research from both Harvard and Caltech have revealed that there are massive health and

environmental damages. They still carry risks and there are high risks of accidents. Um there was one of the biggest issues that they're having is almost every even in these new closed loop systems almost every single one of the systems have sledge contamination in other communities globally not just here in Nevada just in certain areas but across the entire planet there's sludge contamination Um, I wanted to read something, you know, and and they've had some of the outages that have happened like in the Cyrus one aurora outages. So, I wanted to read something from the Lincoln Institute of Land Policy, which is when you're looking at environmental studies. This is the quote on the on the new systems. quote, "Data centers truly are resource ravenous as even midsize data centers consume as much water as a small town. And AI focused hypers scale data centers can use as much power as a 100,000 homes or more. That's that's from the organization that warns people do this or don't do that. Um it whatever we've seen, whatever we've heard, what I've never heard, not once, is the positive impact that these have. There's a projection of at least a 30% power usage in the state of Nevada. At minimum, these use 450,000 gallons of water, and we're hearing rates of up to 650,000 gallons of water.

Could you wrap that up? That's in our neighbor Henderson. Jennifer, your three minutes is up. If you could wrap it up, please. Okay. Well, I just, you know, we're called to be good stewards of this land. It belongs to God. It belongs to the community and it belongs to our future generations. And I feel like we're selling our souls. You know, what would it profit a man if he forfeits his soul? And what is it going to actually profit? Thank you, ma'am. Our communities and our generations. Thank you. Thank you. And sir, if you could identify yourself.

Uh Kent Derby. I've been a resident in Boulder City since 79. Um about the data centers, we've heard all of the statistics on the water and power and the big thing is they cons they use an enormous amount of water and power and we don't have either one to spare. I'm sure we're all aware of the Colorado River situation to where it's not just the water issue. It's the electricity that if the lake drops anymore, and it will this summer. We don't have any snowpack. So, it's not if it's going to drop this summer, it's how much. And if it drops, I don't know, I think it's 50 80 feet. Hoover Dam quits generating electricity. So the data centers I've heard all about the closed loop system and all that but with any cooling system you have air or water liquid and they're what they're going to not use in water they're going to make up for in refrigeration which is going to require an enormous amount of electricity over what they're already considering using for electricity. So where's the electricity going to come from? Where's the water going to come from? I I I don't even know how you can consider even doing this at all. I mean, so that's about it.

Thank you. Thank you.

Anyone on the phone? Go ahead. Phone. You can come up, sir, and wait if you'd like. Hello. Hello. Are you there? Hi. Yes. Sorry. If you could state your

Okay. Go ahead, sir. If you could identify yourself.

Yes, sir. My name is George Ree and uh I wrote down the arguments in favor here of a data center and so it's kind of limited but in general I think in politics there's too little planning, too little horizon scanning and too little awareness of long-term risks and that applies certainly to this situation. I also think that critical decisions should be preceded by an informed public discussion. And what we'd like to see I think is in the say the agenda packets attempts to inform not to persuade to provide a balance of the pros and cons to acknowledge uncertainty to be upfront about the evidence and to preempt misunderstandings and I don't really see that happening in what the evidence that's been provided for us. The language is a bit confusing. It says the center is optimized for high density compute. I'm not sure what that means. Maybe they mean computers computing. I don't know. Artificial intelligence, machine learning. Does anyone know any machine learning algorithms? Can someone explain to me what a convolutional neural network is? I don't know. I feel these are sort of buzzwords that sound good, but we're not sure exactly who's going to purchase these services for what use. And then again, the inevitable numbers. I think it's good for you to hear maybe the information coming from different people, but 300 megawatts is by my estimation 20 times Boulder City's consumption. Well, it's not coming from Boulder City, but Boulder City is a member of the Silver State Energy Association. It's coming from there. So, we're now competing with the data center. Also, Boulder City is one the air conditioning is one of the main issues. Boulder City is one of the hottest parts of the United States. If they wanted to go for it, why not go for Death Valley then? That would be, you know, well in keeping with that. And uh and it's also one of the hot the fastest warming parts of the United States. So,

not only is it the hottest, it's the region that's warming the fastest. Thermometers are not partisan. They're not Republican, Democrat, or independent. There are devices that record temperatures. I refer you to the temperature outside this building. And um if you're going to install diesel generators for 300 that generate 300 megawatts of electricity, then that's several million tons a year of greenhouse gas emissions and pollution. Now they're saying they're backup generators, but that's a huge power plant that they're not going to use. I join my voice and skepticism on this issue. I think it's a big decision and I hope you'll listen to your constituents. Thank you.

Thank you. Hello, this is Deb Finnegan, Boulder City resident. I want to talk on um number 11 tonight. Just like everyone else, I don't think this is a good idea beside the water, power supplies, pollution, whatever. Um and it doesn't seem to be a good idea in 11 states now. We have Georgia, Maryland, Michigan, New Hampshire, New York, Oklahoma, South Carolina, South Dakota, Virginia, Vermont, and Wisconsin. They've temporary banned them. I think Vermont's banded them until 2030. I just don't think it's a good idea. Um I think before we do anything, I realize that the council can lease something um put this on the ballot if we want a moratorum on these things. I don't know if uh these require state agencies to study the impact of data centers um for economics, environmental, it doesn't matter. All right. Thank you. Goodbye.

Thank you. Sorry, I'm a little shaky sometimes speaking in public. Good evening, Mayor Council. My name is Danielle Haney and I'm a resident in Lake Mountain Estates community. Can you hear me? Okay.

Yes. Thank you. I'm here today asking you not to advance the data center proposal until all the facts are on the table and independently verified. Approving a resource inensive industrial project in the middle of our mega drought is not responsible stewardship. If the numbers aren't clear, the project isn't ready for approval. The Southern Nevada Authority study is currently underway to determine how the treated water could eventually be returned to the lake and what additional funding and infrastructure will be needed to make that happen. We're not done with with that yet. Those study results have not been publicly released yet. Moving any energy and water use development forward before we see accurate data is irresponsible planning. Data centers are not low impact infrastructure. They generate an enormous amount of heat requiring massive cooling and a place and place heavy demands on water and energy. Exactly the resources our region is struggling to protect. With the elimination of green spaces all across our region for water conservation, we already are seeing the heat map. The applicant's water and cooling numbers do not allow align with the figures that presented or have been presented in past meetings. When the numbers shift, the public cannot be expected to trust the conclusions. Nothing should proceed until a qualified independent engineer reviews every claim and presents the findings publicly. If the numbers are wrong, it's Boulder City's rateayers, Lake Meade, that bear the consequences. That land should be used in ways that align with our long-term sustainability

goals, not projects that increase heat, strain our utilities, and provide minimal benefits to our residents. A change of this scale demands expert reviews, 100% transparency, and public engagement before any approval moves forward. This is not anti-development. This is pro- responsibility. Boulder City has always practiced and protected its land. This project asks us to break that tradition for unclear benefits. Thank you. Thank you.

Have a comment. Go ahead.

Hi. Yes, this is Kimberly Bailey and I'm calling to comment on agenda um number 10, item number 10. And you know, I just wanted to express to the city council um my thanks for listening to me this last week and to Toll Brothers for being willing to work with us on some issues we have on that agenda item. And um at this point, I'd like to request that city council um table phase two instead of approving it. And the reason I'm requesting this is because I don't think we've had ample time to review material like hard material to see what the changes that Toll Brother has made over the last week, week and a half. Um I just talked again to them today and they said good news. We've reduced it another half a foot. But when I look in the packet that's been p published and that I can look at, you know, I see figures that I don't like. For instance, I see that the top of the curb at the front of the lot 28, which is a question, is 4 ft below the finished grade of the pad. And you know, and I mentioned that and they said, "Well, no, we've went through three or four different phases and it's not there anymore." And I appreciate that, but how can I verify that? And where is the document or written item that we can look at? And I am uh concerned that if we approve it and then leave those details to the planning commission or whoever does those that we as the public lose leverage in the process. And so I would just ask that you would consider tableabling phase 2 just for 2 weeks so we have some time to get updated information into the packet that's correct so we all know what phase

2 is and you'll be approving something that everybody's had a chance to see and comment on. And that's my comment and I appreciate uh your time. Thank you.

Thank you. Go ahead sir. Good evening, mayor, council, staff, ladies and gentlemen, Brandon Smith for the record. Um, I'll just simply state that I concur with all the previous speakers um in regards to agenda item number 11. Um, you've heard me speak about this issue in the past. Um, data centers just don't seem to be a very good use of anybody's land quite honestly. Um, I mean, there's been a story circulating how data centers took over 14% of a Pennsylvania town in the last couple days. Um, and instead of wasting the next 2 minutes and 20 seconds talking about all the all the reasons to uh cancel this uh proposal. Um, I might give you one to consider. Um, other than I think probably the leash law, I I don't think I've ever seen two council sessions. And you know, I show up all the time. I don't think I've ever seen two council sessions um uh attended like the last couple have. In regards to the data centers, most specifically to the to the one that's um coming up for the ballot that's going to end up on the ballot question. Um clearly you have a city and a lot of people in it who are not proponents of this use of our land. Um, and I and as you know, a member of this community and a member of probably the people who put you in your seats that you're sitting in right now, um, I'd simply just ask you to listen to us. Um, because we don't

want it. If you want a giant heat sink in town, we already have one that was erected right under your noses uh, by the by the federal government. Um, and now you want to stick one out in the middle of the desert. Again, just not a very productive or efficient use of our space, time, money, energy, or breath. Please listen to us. Thank you so much.

Thank you on the phone. Anyone here in chambers? Anyone on the phone? 7025899629. See no one on the phone, no one here in chambers. I will close public comment and we will move to approval of the regular agenda. Mayor

and councel staff is requesting that item number six be considered before item number five. Okay, with that any other questions or we will move then number six before number five and any other changes at all and I would accept a motion to approve the regular agenda with that change. I move to approve the regular agenda moving six before five. Thank you. Second. And any discussion? All those in favor say I. I.

Thank you. And that brings us to approval of the consent agenda. Do I have a motion? Move to approve consent agenda. Is there a second? I'll second. All those in favor say I. I.

Any oppose? Thank you. Unanimous. That brings us to item number six. Good evening, Mayor Hardy and members of the council. I'm city manager Ned Thomas, and I am going to present this item to you tonight. If I could have the PowerPoint up. Um, this is a follow-up um, item from your December 10th meeting, I believe, when we had a an in-depth a more in-depth discussion about the current franchise agreement between the city of Boulder City and uh, Nevada Waste Logistics doing business as Boulder City Disposal. So, we have the next slide, please. As mentioned, this is a follow-up item. The council gave direction to staff. We're back now with two items for your consideration and possible action. The first item is uh bill number 2094. This bill is needed to repeal ordinance 1607 which approved the most recent amendments to the franchise agreement that was back I believe in 2018. Um that was agreement known as agreement 98 A534F tonight before you. Then um well the appeal of that ordinance will then allow you to approve tonight's uh amended and restated agreement by resol and any future uh amendments or changes to the agreement by resolution which is a more appropriate way to do that. So just a little the ordinance is kind of a housekeeping item. The main item before tonight then is the second item resolution number 8110. That's to approve the amended and restated franchise agreement. Um I I will go into some detail about um a few of the the changes the primary changes that are being made in the agreement. Um I would summarize those is deleting or um changing some of the duplicative language and provisions. Some provisions have been reorganized for clarity within the agreement and also to pro uh modify provisions that are related to financial or operational requirements. And again

I'll give you a few more details in the subsequent slides. But first, if we go to the next slide, let me give you a little bit of background. The franchise agreement itself is between the city of Boulder City and Waste Logistics of Nevada doing business of Boulder City Disposal. Uh the Southern Nevada Health District, just a little bit of background, uh back in 2017, the city wanted to expand the landfill. uh Boulder City disposal and waste logistics were very instrumental in helping the city to do that, saving us millions of dollars in additional costs that um had we had to meet all of the uh stringent requirements of a larger landfill uh which were not necessary here. Oh,

sorry. Thank you. Uh also the uh and then so the current with that expansion the current landfill has a total capacity of 11 million cubic yards about 160 acres which uh translates into an estimated lifespan of over 100 years a tremendous asset for the city of Boulder City. Um the local franchises for trash and landfill services. Um and this is able to provide better service at lower rates. Uh a few of the you say better services, what does that look like? Boulder City residents are able to haul and dispose waste at the landfill free of charge. Uh we also though have curbside pickup from any container twice a week as well as once a week uh recycling pickup and we also have on demand pickup of bulky items. These types of services virtually don't uh uh exist in other communities and certainly not in southern Nevada from other waste haulers. So again, just wanted to emphasize some of the benefits that we that the city derives from this franchise agreement. If we could have the next slide, please. And just a little bit about the franchise agreement. Again, we went over this in December, but for the council as well as the community, the original franchise agreement was executed uh a little over 20 years ago in December 20, sorry, 2004. Uh again, it's for exclusive trash pickup and disposal for all Boulder City residents and commercial businesses and also allows Boulder City disposal to operate the landfill. uh the the franchise agreement itself has been uh amended several times most recently in August 2018 and then most recently this council uh received a presentation from staff on December 9th 2025 uh regarding potential changes had been requested by Boulder City Disposal and since and the direction we received was for staff to go back and work with uh Mr. Martell and Mr. Kish who are here tonight. uh city attorney Britney Walker and I have been meeting with them and

now we have amendments ready that are in the proposed resolution before you tonight and let me just quickly go over some of those proposed amendments. If we could have the next slide again uh removing some of the duplicative or non-applicable sections of the current agreement, we're also going to address uh what's called a cap on the annual rate adjustments. Uh written into the agreement was a 4% cap. the next time that we go through a rate study um or excuse me a rate adjustment which would be in July of this year uh we would look at uh removing that uh we would propose removing that 4% cap that would mean that any rate adjustments would be tied to the consumer price index which is typically less than 4%. I I think over the past 10 or 15 years it it's only been above 4% a couple of times. This this will allow Boulder disposal to set its uh rates or any and the city to set any rate adjustments according to the CPI which um will be beneficial to both um with to the um to Boulder disposal in case there are any significant increases in that CPI. Um we will also establish charges for the daily trash removal in our city parks. Boulder disposal has been doing this service since 2012 free of charge to the city. Um, we asked them to, uh, write a proposal to us about what the cost would be. It's estimated to be about $102,000 per year that has been built into our budget for the coming year. Uh, we also estimated what it would cost the city and our existing staff to take over that service. And, uh, we estimated that it would be over 192,000. So it's a significant savings to us to have Boulder Disposal continue to provide that service to the city but to pay for the services that they provide. If we had the next slide please. Some of the other changes um there is an audit requirement in the current uh contract um that they will uh

Boulder Disposal will continue to provide the city with annual financial statements. they will be prepared by a certified public accountant and if the city uh desires then it can uh request or can pay for and and ask for a an independent audit. But um uh we will rely upon the annual financial statements as we have done for the past 20 or more years. And then there was another requirement uh for a $500,000 letter of credit. Um, this is a requirement under uh the Nevada Administrative Code as well as by the Southern Nevada Health Juristic. It's related to closure of the landfill and the letter of credit ensures that there are sufficient funds uh to provide for uh both closure and postclosure costs. Uh the Nevada administrative code allows the city or um or the landfill owner to provide what is known as an alternate alternative mechanism for financial assurance. Now over the past few years the city has uh applied a search charge where there are also the fees that are paid for trash but we have a search charge for maintenance and also closure of the landfill at present. Um the balance in that uh landfill closure reserve is a little over $1.6 million. So it it more than exceeds the amount that is required. And so, um, we can ask the Southern Nevada Health District to approve that as an alternative mechanism for assurance related to the potential closure of the landfill if if that were ever to occur. It's just like kind of having a reserve reserve fund, which we we do uh related to uh closure costs. And then finally, the next slide. Um, there's a couple of other housekeeping items. Um, we would add we would the contract would be amended to allow Boulder City Disposal employees to enjoy seven holidays rather than four. We would be adding Labor Day, Veterans Day,

and Memorial Day as um typical holidays for their employees. We're also adding unforeseen financial circumstances as a reason for Boulder Disposal to ask the city for uh opening the agreement for discussion. Uh there is a list in the um agreement and uh for whatever reason unforeseen financial circumstances was not included but um it seems like a reasonable uh reason that we would uh reopen the agreement for discussion. And then finally um there is a requirement or has been a requirement for a $250,000 transfer fee that would be paid to the city if there was a change in ownership of Boulder City Disposal. um the the city um city approval is required for any change in the ownership of the company. So um that amendment would remove just the requirement of a $250,000 transfer fee. U none of the changes that I just shared with you would u adjust or increase any of the rates for our Boulder City Disposal customers. So um all of these are are some of these are just housekeeping items. Some of them are cleaning up the uh agreement as is it is written and then others um will help with the financial side of operating the landfill and providing the vital services to the community. So again the last slide please. Again the action before you then is a bill an ordinance to which was introduced at the our last meeting. Um and that would uh approve or that would allow the approval uh would sorry it would repeal the ordinance that approved the the previous amendments and then allow tonight's uh changes as well as future changes to be done by resolution rather than ordinance. And so then before you would be the resolution approving uh the changes that I've just outlined in the agreement. And so I leave that with you if you have any questions. Uh both Mr. Kish and uh Mr. Martell, the general manager for voter disposal, Mr. Kish is their counsel and

they're both here to help answer any questions you might have and I really appreciate the um the qu collaboration that we have had with them as well as city attorney Brittany Walker. Thank you. Questions? Thank you um Mr. Thomas for the update. I do have a question in reference to um the letter of credit. So that has to be approved by the health department before we could use the funds to cover that. Is that correct? U the health district would approve us using that as an alternative mechanism for that requirement.

Uh is there any reason they would say no? I I don't see one uh my again kind of on the legal side, but I think under state under the Nevada administrative code, it does allow them to consider alternate uh mechanisms such as we've laid out and and our fund is more than sufficient to cover the need. And the benefit here is that maintaining that letter of credit there is an annual my understanding is that there's an annual cost for that to Boulder City Disposal. So it would it would remove that additional financial burden that they have each year of maintaining that letter of credit. Thank you.

Um we've had an opportunity to look over this for quite a few months and to discuss it and to go back and forth and I appreciate the um the ability to go back and forth and to talk about it and how we can find solutions. I am more than on board to give a Memorial Day, Labor Day, Veterans Day holiday for those who um pick up after us. I don't know if you've ever been anywhere where trash service was cancelled for any reason and what that looks like, but it's not a really pretty thing. I also know that we are kind of an anomaly. Um, everywhere that my kids have ever moved, they'll get one day a week trash service and that's it. So, um, we we do enjoy in our city some perks and this is one of them in the small city that we live in. Um, so for that reason and for the due diligence that we put forward with the city attorney looking into this and all of us looking into this, I feel like this is a um a contract or something that we would be able to support that would do no harm to the rateayer, would still benefit us with the services that we're receiving, and would allow for um our Boulder City disposal, which is vital. title otherwise who would come in right at some point. We'd have to see who that was to be able to function in a market that's been a little unstable lately um as far as pricing is concerned. So um I just wanted to put those points forward. Thank you.

Thank you. A point of clarification. You I think kind of caught yourself self-corrected but didn't clarify. uh any changes in the rates no occur. No, sorry, excuse me. When there are any changes to the rates, it's done by council, not by the service provider, right? That's correct. Uh yes, then there there will be there is usually an annual adjustment again according to the consumer pricing

and that would occur here and then the business impact study and all those things occur, right? Uh and and so I think it's important to differentiate that. You know, they don't just set what they're going to do, but it's part of the negotiations and then council by resolution will establish those. Correct. Those rate. Okay. Thanks for that clarification.

I just think they do a great job and these are really non-issues, not charging anyone, but I want to thank you Boulder City Disposal for doing the great job that they do for Boulder City. I want to thank Boulder City Disposal for the great job that they do. And I these are just more or less house cleaning things. And I think what Sher said about us being able to do our due diligence ahead of time that all of these issues are great and I just want to say that I appreciate the job that they do do and it's nice to clean some of these things up.

Appreciate all those comments. I concur with everybody that what you're saying. We have the best service the most often than anyone else has. I thank Mr. Martell and all those Mr. Kish, all those people who have served us. And I am thrilled that we're giving appropriate vacations to the people who work. So,

mayor, I had a couple more comments that that weren't questions, so I save them. Uh it's really important that we all appreciate and acknowledge the fact the landfill is an asset of the city and Boulder Disposal is essentially our partner caretaker of that facility and they have been uh from my experience and my understanding in years past a a very responsive partner and and who has helped us navigate some turbulent waters uh in in reestablishing the lifespan of of our landfill as well as saving millions and millions of dollars in what could have potentially been a requirement to add um some liners and other things out there that we ultimately didn't have to do. That would have been on the cost of all of us rateayers. not because that we have a caretaker partner, but because it's our asset and it's owned and uh then collaboratively managed by the city and um and and that is important to understand as we go through this exercise that um you know they're actually a good partner with us in and a very important asset. I think we all enjoy the opportunity to use it freely. I don't mean for free, but freely. And if I do want to take a truckload of stuff from my house, it is free to take it down there. It's included in my rate. So, it's really a great benefit and a great asset to the community. Thanks, mayor.

Thank you. Any other questions? If not, I would accept a motion on uh bill numbers 2094. Move to approve bill number 2094. Seconded. Moved and seconded. Any discussion? All those in favor say I. I. Any opposed? It's unanimous. Thank you. Brings us to B. Move to approve resolution number 8110. Is there a second? Second. Any discussion on resolution 8110? All those in favor say I.

I. Opposed? Say n. It's unanimous again. Thank you very much.

Thank you. That brings us backwards to number five. Good evening, Mayor, Council, Boulder City Residents. I am Julie Callaway, your parks and recreation director, and tonight it is my honor to present to you the annual report for the parks and recreation department. Our department is an essential public service, adding to the vitality of Boulder City community. We strive to provide residents and visitors with a variety of recreation opportunities, special interest classes, sporting leagues, and special events to encourage healthy lifestyles and build a sense of community pride. Tonight, I will be sharing what we do, who we are, and where we're headed. We are probably the most publicfacing department within the city. What we do is built by the ideas, suggestions, and feedback provided by residents. The suggestions from the online capital improvement survey has been instrumental in guiding park improvements. We also rely on input from the parks and recreation commission and city council. We have participants that are both the youngest in our community and the oldest in our community. We offer a variety of classes and programs to cater to the residents needs. We welcome visitors, enticing them to enjoy clean, green Boulder City parks and trails, or to visit one of our special events like Art in the Park, Spring Jam, Damberee, Worstfest, and the list goes on and on.

Boulder City is known for special events and with the help from every other department, we coordinate over 200 special events each year. This wide array of diverse offerings scheduled and coordinated through our office. A previous mayor described as requiring a herculean effort which is only possible by extraordinary team. The parks and recreation department is made up of 11 dedicated full-time employees. These faces may look familiar to you as they've remained strong since last year. No full-time turnover within our department, and we were excited to grow with last year's conversion of a 32-hour part-time position upgraded to a full-time position. Aquatics coordinator Sierra BGS and assistant coordinator newly to the city Katie Tyler handle pool programs and day-to-day operations at the pool. Sports coordinator Jamie Gaudy oversees youth and adult sports. She handles field allocations and summer camps. Our four custodians, Ryan, Matt, Kim, and Michael, are faithfully cleaning our parks, restrooms, playgrounds, facilities, and assisting with community events. Recreation coordinator Michelle Fuller coordinates special interest classes, community gardens, art center, and Safe Key. Department Secretary Sha Sherry Bunk handles administrative items including payroll, accounting, and meeting packet preparations. Parks and Recreation Manager Jennifer Spinkleink overseas projects, grant submitts, and luckily anything else I throw her way. As the

director, I can attest to Mr. Woodberry's observation in that it does take a hercu herculean effort necessary for us to do what we do. As the director, I am fortunate to have such an amazing staff, but really the community is the fortunate one to have such dedicated parks and recreation employees to greet you with a smile, assist you with anything that you need, and make every effort to provide solutions. But don't just take my word for it because I am very biased. Here are some what some comments from residents and visitors regarding parks and recreation staff. The staff went above and beyond with assisting. I was so thankful. Excellent customer service. Everything about the staff, the facility, the responsive service was outstanding. Thank you so much for the update and taking the time to consider feedback from the community. Thanks for keeping the Ram Cam going. The parks are always so nice and clean. Your energy made the event much more organized and professional. I loved having someone check you in and greet you when you came to the summer sports camps. Thank you for keeping us informed. I appreciated the phone call. I purposefully eliminated the individual's names with these survey comments because I believe that these positive comments could be associated with any of our part-time and full-time parks and recreation staff. But we couldn't do it without the help of every other department. Collaborating with every city department is what we all do to get the job done. I do have to say that I have to give a special shout out to the public works department. I really feel like they're

an extension of our department. They are always willing to assist parks and wreck in so many ways. From pool maintenance to street closures to playground tearouts and new swing installation. We appreciate that they're always there to lend a hand. Parks and wreck by the numbers. I'm going to highlight some of the different um numbers from our department from the last year. Last summer, uh, the sports department organized 12 different summer camps for ages 4 to 14 with almost 2,000 participants generated generating over $25,000 in revenue. Our department won three awards from the Nevada Recreation and Park Society. The Elmer H. Anderson Park Excellent Award was awarded to Hemway Park for the nature trail, Oasis Park for adaptive category, and Zeroskate Park for a park remodel. While our department didn't secure a large amount of grant funding, staff did apply and receive over $10,000 in grants last year. Part-time safety coordinator Lexi Leos applied and received a $500 grant to attend our state NRPS conference, eliminating the need to use department training funds. Staff applied and received a grant from Poolpack for two of our pool employees to get certified as pool operators. Again, saving departmental training funds. 78 Boulder City residents took advantage of our swim grant. This was the first time that I can recall that we have exhausted all of our swim grant funds. It was an impressive 170% increase in participation from 2024.

Luckily, we just received another swim grant from SNIC and the free swim lessons will again be offered in April. We applied for athletic field lighting grant from Musco, a master swim grant from USA Swimming, and and one for splash pad renovations. And while we didn't receive any of those, we it didn't dis discourage us from continuing to apply. Manager SpinkLink and sports coordinator Gaudy applied for a national $2,500 million coaches challenge, which we did receive. It was from Nike, the US Olympic and Parolympic Committee to provide coaches training focused on encouraging youth participation. Our requirement was to have our staff and coaches participate in the online training videos. The best part was the $2,500 grant could be used at our discretion and I think we put the funds to good use. With some of the money from the grant, staff planned and executed an employee appreciation event, including food, games, and prizes to recognize and appreciate our hardworking staff. This event was so successful, it's going to be an annual tradition moving forward. The total number of rounds at our golf courses increased by almost 8% with over 125,000 rounds in 2025. Our pickle ball courts also increased to 19 with the addition of the four new courts at Veterans Memorial Park. This year was the year of the signs and I said I would bring a prop and I also have a pretty good visual of just a few of the new signs that we've added to our parks.

With changes in infrastructure or changes in regulations like camping in Boulder City or dogs on a leash, our department adapts with the new rules, laws, and ordinances. And that comes with the need for new signs and community education. off leash areas, off leash hours, leash up and pickup, camping permit required, no electric bikes on grass, no bikes on the pickle ball courts. It's been a busy year for new signage. Over a hundred signs were purchased and so far with the helps of the street department, the public has been notified. We've also included the updated information on social media and our city city's website so that our community and visitors are aware. The Ram Cam is again a favorite of people really all over the world with over 70,000 views just last year. The parks and recreation staff oversees 13 divisions, 13 separate budgets totaling over 7 million funded through the general fund. These operation and maintenance budget cover ongoing costs to run the divisions including salaries, maintenance, training, and supplies. These are typically reoccurring expenses for the day-to-day function of the division. As you can see, the budgets for the 13 divisions actually totaled just over 7.6 million. However, we really try to be diligent and track our spending and make sure that we only are using budgetary funds as needed. Our total expended budget budget funds from last year only totaled 6.9 million. Unlike other city departments, the parks and recreation department typically has a nominal fee for many of its services and generates revenue to the general

fund to help offset expenses. Most of the revenue is driven by the strong performance of our golf courses. The total revenue generated from parks and recreation programs, classes, sports, special events, tournaments, and rounds of golf totaled over 6.3 million. And just to put that into perspective, Boulder City property taxes generate 2.2 million to the general fund. More specifically, in spi fiscal year 2025, golf revenues exceeded golf operational expenses and contributed approximately $1 million to the general fund. Much of the success of our golf courses can be contributed to our partners, Shaper Golf and Turf Tech. This long-standing partnership with Shaper Golf for golf operations and concessions and Turf Tech for golf course maintenance spans over two decades. That consistency and dedication to Boulder City Golf and the community is re reflected in the continued success of our golf courses. Effective marketing like the loyalty program, Golf Boulder City, combined with the well-maintained courses have made a recipe for success for the entire Boulder City community. Major events like the NCAA Championships held at Boulder Creek for the last few years bring exposure to Boulder City, enhancing our town's visibility as a destination showcase our community and local business to a broader audience. It's been a busy year for parks and recreation and it can be categorized by people, progress, partners, and programs. And I also want to highlight how many of these accomplishments align

with the city's strategic plan. Progress is built on a consistent effort and this year reflects important forward momentum. The pool progress is a cause for celebration. This is going to be a major contribution for all ages to enjoy for many years to come. This has really been a long time coming and it's exciting to see the progress with the pool renderings from VCBO and it's nice to have received so many favorable responses from residents. But progress isn't always measured in such large leaps. Many of our parks and playgrounds have been improved this last year. Delpra has had a full playground renovation, including our very own park zipline. This transformation from an outdated, underutilized playground to a favorite spot for residents and visitors is a testament to the department's desire to provide a variety of playground experiences throughout our community to support physical health, social interaction, and overall quality of life. In the past few years, five of our parks have had major playground renovations, and we aren't done yet. In the fall of 2025, pickle ball players, residents, council members, and staff celebrated the opening of four new pickle ball courts at Veterans Memorial Park. The Parks and Recreations Foundation to serve people in our community, and they truly um they truly drive what we do. This year, the department has been focused on reaching out to the community. With the increased number of social media posts, regular updates on our website, and even some personal phone calls, our goal is to get the accurate information out to our residents and keep them informed of

activities, programs, classes, and special events to in encourage community engage engagement. We've begun sending class program evaluations regularly to measure our productivity and gauge participant satisfaction, knowing that there's always probably room for improvement. We have updated signage within our parks and on our trails to inform our park users of pertinent information. In addition to coordinating several special events, coordinator Fuller over organized a new special event for our community, Jazz in the Park, held in the spring and in the fall. Um, Jazz in the Park is a special time where you can set up a picnic, grab a lawn chair, and get outdoors to enjoy free a free night of jazz in Bsentennial Park. Mark your calendars for April 4th. That's the next Jazz in the park. Partnerships are essential to success. Bringing shared resources, expertise, and vision produces a more meaningful outcome and really strengthens the entire community. We work closely with local nonprofits like the Chamber, Emergency Aid of Boulder City, Little League, and so many more. We were honored to partner with the Shane Patton Memorial Foundation this year with the addition of the statue at Wilbur Square. We work closely with the school district and provide sports fields, parks, the pool, and even our golf courses for practices and competition. We've also partnered with our local principles to help promote school enrollment. Last fall, we hosted Astronomy in the Park at Veterans Memorial Park with Commissioner Jim Gibson and Clark County. Programs bring our community to life, creating opportunities to connect, participate, and learn new skills. The

NCAA College Championship have taken place at Boulder Creek for the last three years. With the partnership with LVCVA, this tournament provides a unique opportunity for our residents to connect with this high level of competition and provides national visibility to Boulder City and drives economic activity to our town. The department's new 3D programming empowers participants to turn ideas into creations and improves problem solving and critical thinking. Progress, people, partnerships, and programs drive what we do and are the key to our accomplishments this year. What's ahead for parks and recreation? More of the same. Our focus will continue to be improving existing infrastructure. This week, shade structures are being installed at Oasis Park playground. Lights will be added to the pickupball and basketball courts at Veterans Memorial Park and Delpra Park. A small turf reduction water conservation project is scheduled for the rec center exterior and the new gym floors and bleachers will be upgraded. The municipal golf course water conservation turf reduction project continues with the with the installation of a more efficient irrigation system. The new pool design will be completed and construction will begin this fall with the pool opening date being 2028. We will continue to organize special events and host a few of our own like jazz in the park, summer bash, and astronomy in the park. The Boulder City Parks and Recreation Department takes pride knowing the community and serving the community. We remain committed to making it the best it can be. Mayor, council members, and Boulder City

residents, thank you for the opportunity to share this year's parks and recreation annual review. Thank you. Questions?

Go first. Thank you, Miss Callaway, for such an in-depth um presentation. I do have just a few questions for you. Um Safe Key is is close to my heart. Um, how many kids actually attend Safe Key and is that a a free or do they have to pay for it? How does that work?

Safe Key does um is a paid for service before and after school and then all day during the summer and on school breaks and in the summer we average somewhere around 35 to 40 kids and the mornings and afternoons really vary. We could have um anywhere from 15 to 30 any given day. It just it it it varies. We don't have to have you there is no set schedule. You can just drop in one day or you could come every single day. So, we just make sure that we have staff uh it's staffed accordingly to be able to accommodate whoever might show up that day.

Okay. Is there a um incentive for low-income children um to attend? There is. We do have a scholarship program that we offer through um through our office. If anybody needs financial assistance, we can certainly help with that. Um on your sheet, you said there was 11,252 memberships uh with the rec center. Is that 2025? Is that counted just for one year or?

So that is total. We start our we started our new recreation program um registration program. I want to I believe we're on year three. So that is since its inception that's how many members we have within our registration system. So that would be anybody who comes in to do one of the um classes or does holds a special event or rents one of our parks. They would all uh start that process with having a an account in our registration system which we call Recesk. Okay. Yes, that's what I saw on there. Um internet sales. What is that one more time? Internet sales.

Internet sales. We have um an agreement with the local airports for confiscated goods and this started with um I think I said COVID the other day. This started with 9/11 and and how the rules changed on what you could what you could and couldn't take on a on an airplane. So things that are confiscated like um pocket knives, uh cork screws, that type of thing. when that when TSA acquires them, they had needed to find a means by which to get rid of them. So they made agreements with jurisdictions and said if you can come up with a program to resell these internet sales. Uh we have a a an individual in Boulder City who goes to the in the different airports and um has great relationships with them and then he sells them sells the the goods on his site and the city receives funds from that.

Well, it's good to know my large shampoos is coming right back to Boulder City. It may it may just Um, on your 26 film shoots, is that uh collaborating with the chamber or do do you get paid? Do we charge for film shoots? How does that work?

We do charge for film shoots and we have a partnership with the Nevada Film Office. So they highlight some of our information in our locations on their website and they bring us business or just anybody that's coming in that is either doing a film shoot primarily at the Elorado Dry Lake, but we have films going on in our rec center or um across town or at one of our parks. And it's a permit much like a special event permit. There's fees associated with it, insurance requirements, etc. Okay, my last question is a youth sports donation. Is that just coming from the public? Who who's giving those donations?

It is mostly um public businesses in town that are giving those donations and we take sponsorship and donation for our youth programs. If you ever see have seen one of our um participants, sports participants, they'll be sporting a uh parks and wreck t-shirt and on the back it might say Sunrise Rotary or it might say Boulder Dam Credit Union or um Ace Hardware and so they help offset the expenses for uniforms and supplies by sponsoring the teams.

Thank you. As a child growing up in inner city of New York, rec centers was my home after school and home. And so I appreciate all that you do for not just the children, for the adults. I look forward to the pool and all that that's going to bring in. And I just thank you for your service. Thank you very much. I appreciate it.

I want to say thank you very much. You guys do a great job. I too am the oldest of five kids and grew up at Parks and Wreck. We all learned to swim at Parks and Wreck. So, and that was my favorite thing. Uh, what I was really impressed with is Parks and Rex is not a revenue stream for us really, but you guys have made it into a revenue stream. You're we're not working in the hole with you. And so, I really appreciate that. And there's so many great offerings out there for anybody to have something to do from the little ones to us oldsters. And so, thank you so much for all your hard work and your diligence in keeping it a budget the way you do. And I I really appreciate the way you put the budget in here. And I hope everybody gets to look at it because it's just real easy to read. It's just one page and you get the whole picture. So, thank you very much for all your hard work.

Thank you.

Thank you. kind of an observation I guess is that it actually ends up being a revenue stream. That 6.3 million equates to about 15% of the $40 million budget. It's substantial and I appreciate that. I couldn't imagine that there's any individual in Boulder City that is not touched in some way by services from parks and wreck or participation at some level. And we we sometimes hear, well, why do we pay for that? I don't use it. But everything that's here in relation to recreation is funded through uh the community, right? through through your local government to serve you, whatever you happen to touch. And we all share in those because recreation increases the quality of life of your community. And then through an an increased quality of life, a better quality of life, we have just generally happier and healthier individuals. And that's through the endeavors of you and all of the people that you uh commented on in in your and that's really um appreciated that you in a detailed way point out the efforts of all of the folks that are seeking to provide the parks and recck services to the community because every one of them is critical to the mission.

Absolutely. We wear a lot of hats and with only um 11 full-time employees of which four of those are custodians. Um there's a lot of programs and scheduling and coordination and we have an amazing team and we rely heavily on our part-time employees. We could not do it without them and we could also not do it without the support of parks and rec commission the um members in front of me today and of course our residents as well. They, as you know, are very passionate about um all things Boulder City, and it's a pleasure to work with them and to be able to have those one-on-one conversations makes a world of difference.

Yeah. Well, thank you.

Uh the joy of going at the end is everyone said what you wanted to say. So, um I was also going to point out with 13 division or 13 budgets and divisions that someone somewhere is falling inside of that zone of what your purview is. If we've walked in a park, if we've enjoyed anything of that sort, it it benefits us. We don't all golf, we don't all swim, we don't all play pickupball, but we do all live here, and we have varied interest, and that's what makes a community wonderful. and you're in charge of entertaining us all. So, uh, that is a lot of hats to wear and that is a lot of things to do. I was super impressed with 69% online registration. That was a piloted program a couple years ago. Up to that point, we all had to walk in and um, show you the money. And so now we can do that online and sign up for classes. And I think that's huge. 69% that that's really means that it's taking off and people are understanding how to do it. So kudos for that implementation of that 200 special events.

Good job. Very very good job. Um summer camps, 12 summer camps last year. Do you anticipate that many this year?

Yes, it it was as you can see so successful. The kids had so much fun. The first day of it, I must say, it was a little um unsettling. It was very loud. So, it took a minute to, you know, get used to it and then I loved it. I'd leave the office to go to a meeting and just walk through the gym and just see those kids having so much fun. And honestly, having our staff have so much fun just to play and enjoy and teach and learn and see their friends. High fives. It's it it was a great addition to our summers. I'm so appreciative of that. I know parents are. I've heard nothing but good. I think it provides a place for our kids during the summer that's safe um and and gives them positive engaged things to do which is important right for their wellbeing as stated.

So um swim grants being used 170% increase. Let's see if we can't exhaust it again this year. let's just exhaust the funds and get us all swimming.

But more importantly, thank you. Thank you for working well not just with um your staff, with the staff that comes outside of your office and with us. Um you have had to also have the opportunity to work with the community through our new leash law and our parks. I appreciate your willingness to take a pilot program of um hours at the park um and embrace it and and try to help see how it can be successful so that it opens um the ability for all of us to enjoy the park the way that we enjoy it. So, thank you. Thank you. You're welcome. Thank you. One of the things that I appreciate is the jobs that our teenagers, for instance, have uh lifeguarding, learning such life skills uh that allow our teenagers uh to find out what it's like to work. And um and speaking of work, it's wonderful to have experienced personally some injuries that take place during some of those fun times. And so it's good for other businesses, too. But

we're here to help. Yeah, it's it's a great place. We appreciate it. Thank you for what you do. And let your staff know of our appreciation, too, please. Thank you very much. Any other questions or comments? I do have one last comment. I was glad that I didn't hear you say laptop, phones, or computers. Sounds like everything is offline, and I really am for that. Thank you. Thank you. You're welcome. It's my pleasure on that one. Thank you very much. It's a it's it's really a pleasure to serve the community that um I call home. So, thank you.

Thank you. Having celebrated all so many good things, we should celebrate a recess for about 10 minutes. Thank you. So, we will be in recess for 10 minutes. Jackie left. My neighbors left. They were out there. My neighbors were out there. Oh, thank you for the break, Mayor. My legs.

Are we almost ready? Thank God. Stand by. Mics are going to go live. Oh, sorry. Could you get by?

I did. We're making sure we have uh the other people. Let's see. We will call the meeting back to order. And we are on number seven.

Good evening, Mayor Hardy, members of city council. Michael Maize, your deputy city manager. The city follows all other southern Nevada jurisdictions by adopting the international code council building codes or what we refer to as the eye codes. These codes regulate building construction in the community. Excuse me. city is currently under the 2018 eye codes. For the past year, city has been working with the other jurisdictions in evaluating the 2024 eye codes. The three most significant changes between the 2018 I codes and the 2024 codes are that with the new codes, they require that new single family homes uh have uh residential uh sprinkler systems installed. The new codes also uh are more energy efficient. And the third uh major change is that the installation of evaporative cooling systems for new commercial and industrial buildings will be prohibited. The only exception is the opportunity to utilize treated affluent in a limited capacity. Adoption of the new building codes requires a business impact statement that has been attached to the staff report. And so council adoption of bill number 2095 will bring the city in line with the other jurisdictions in southern Nevada with an effective date of June 8th. And with that, I can answer any questions.

Any questions? I don't have any questions, but um in conferral with the city attorney, she said we uh have the potential to discuss a minor amendment and at the right time if there are no questions, I'd like to bring that up to the to the discussion. Any questions before we have amendment? I do have one question. You made a statement influence use or limited use of affluent affluent water. Uh so what did you mean by that?

So for example with our uh treatment plant uh we generate about a million gallons of treated affluent per day. So that would provide the opportunity to utilize treated affluent on a limited basis for a evaporative cooling systems but not potable water not raw water. Okay. Thank you. Any other questions? I think we're interested in it.

Fair enough. Thank you. Um because um Boulder City in our unique downtown area during um some of the warmer months of the year, our restaurants really thrive on outdoor dining and um often times the indoor seating is insufficient. So we have to be outdoors on the sidewalk and it can either get depending on the time of year pretty cold or pretty warm. So I would like to propose a very simple amendment that evaporative the new evaporative cooling moratorum exclude um misting cool systems in outdoor public dining areas. Is that a sufficient simple?

Yes. Okay. So that's my presentation for consideration by council as a a slight text amendment for that. I believe that um inclusive I'm sorry sorry I was just Is it inclusive of the language that's written right now? It does include the misting systems for the outdoor dining. Yes, evaporative cooling um typically does it that that term typically does include the mist misting type systems.

Thank you for bringing that. Yeah, I think and and the times of year or the or the seasons will self-regulate. I don't think the restaurants are interested in in doing all the maintenance required to keep them functional and and run them when they don't need to. It's strictly for the comfort of the diners and those that are visiting here over the weekends, etc., to make the opportunity for outdoor dining uh tolerable during certain parts of the year. and and the water use in those is is really very very minimal uh relative to the benefit. So that's the um slight language proposal I'd like to have on council.

Can I ask what section that's in and I didn't know it referred to misters. So this would be in section five uh 44. It's on page 359 of the packet. Oh 359 of the packet. Not on the page um Uh section uh 544 there. Uh and I've got page eight or what page of is it on? Uh it's on page uh well it goes into 360 of the packet which is page 10 of 14 of exhibit A. Page 10

of 14 of on exhibit A. Yeah. And we're in section page 10. And and then what number 14? I don't have a 14 on page 10. Well, it's page 10 of the exhibit A to the bill. Is that what page 10? We're page 10's talking about 106 permits.

Yes. So that's the building administrative code. Um there are multiple sections of the building code. Uh what I'm referring to here is the uh is the section of our ordinances which immediately follow um the bill. It it's uh pages 359 and 360 of the packet. Do you have page numbers on the It's 359. I've got to go to 359. I just wanted to see I didn't if I can approach I could show I could Yes. I'm cuz I'm lost with what I was told.

While she's lost um quote unquote amendment, do other jurisdictions allow a separate mistine uh thing in their building code? Our city attorney says yes. Okay. And so the ones that are if this is a building, do they need a uh a permit to do uh misting separate and distinct if they're already built?

No. If they're existing, they wouldn't need the permit. But I think the intent of council member Walton's amendment is that if any businesses want to add it, which would require a plumbing permit, they would allow be allowed to do so. So, the plumbing permit would require part of the business code that we're talking about, the the building codes. Yes.

So, it's not necessarily a new building, but it could be any building uh permit that ever happens. And so this uh building code that we're looking at now includes any remodel, any new building, any current building that you add that's something that is uh additional, it would apply to all of those. That is correct, mayor. So, uh, whenever anybody comes in and is, uh, needing to do work on a house or commercial property and it requires a building permit, they will have to follow the updated codes. Okay. And do other municipalities, have they considered this kind of thing as well or has the state considered this as well? Other uh jurisdictions have considered exempting misters as part of the code updates

and the state has been silent on that. I'm not aware of any state regulations related to that. Okay. So should there be something and we adopt the amendment as proposed uh we would be in good not only in good company but we would have a fet.com plea so that when we go to the legislature we can say we're already doing that. Yes.

Not that I'm suspicious of the legislature uh coming up with something. So, if we already are doing it, I think we're in a good position to say we deserve to continue to do it. So, I appreciate the you bringing that up specifically and I do too. I that I I found it over here because it says here that the city may permit on a limited basis evaporated systems and new commercial or industrial buildings that use city affluent because I was trying I was reading through this on Sunday and so it says that but I think it's referring to something else. Correct.

Correct. That is referring to treated affluent from our treatment plant. So that would not involve this. Can you how could a city commercial building use that kind of water? So, it could be utilized for cooling of a commercial building with treated affluent. Okay. Yeah. Thank you. I just I just thought we had exempted it here, but we haven't. So, that's what I why I wanted to see it. So, I'm good with Steve's recommendation. Real good with it. So, did you make a motion?

I'm happy to make one. And I uh move that with the adoption. Let me get to the actual number so I can make a complete motion here. Um with the adoption of bill 2095, I propose that we add clarifying language that allows misting and whatever the exact language, you know, I'm going to say misting cooler systems for public outdoor dining areas. be an additional uh language to uh be included in the section that uh addresses evaporative cooling. I'll second that.

Could Could I ask if that could include even if you're not eating, not just including dining, but being outdoors? Um, North Las Vegas and the city of Henderson both have similar exceptions and the their exact language is that evaporative cooling systems do not include misting systems. So just say that I would like to add the language as accepting uh bill 2095 to state that evaporative cooling systems does not include misting systems. I'll approve that second.

Okay, it's been moved and seconded. Discussion. All those in favor say I. I. Any opposed? That's un. Thank you. Thank you, Mr. May. So, we now have two introductions. Uh, introduction of bill number 2096. Uh, wave the reading except for title. I'll introduce bill 2096. Wave the reading set for title. Is there a second? Second. We don't need a second on an introduction.

Introduced. And then bill number 2097. Um, I have to read bill number 296, an ordinance of the city of Boulder City, Nevada, amending Boulder City Municipal Code, Title 11, Zoning and Subdivisions Chapter 3, R1 single family residential zone to authorize Halleport private as a conditional use within the R180 zone subject to certain conditions AM-25-383. This matter will be considered by the city council on April 14th, 2026. Thank you. And then we'll move to bill number 2097. The same verbiage. I'll move to introduce bill number 2097. Wave the reading except for title.

Thank you. Thank you. Bill number 2097, an ordinance of the city of Boulder City, Nevada, approving agreement number 26-032 between the city of Boulder City and VB BTS3 LLC for a cellular Tower ground lease located adjacent to Whanfield at approximately 852 Adams Boulevard and other matters properly related there too. This matter will be considered by city council on April 14th, 2026. Thank you.

Brings us to our regular uh business item number 10. Mr. May,

Liberty Ridge subdivision is a 122 lot single family subdivision located at the southwest corner of Adams Boulevard and Bristol Cone. As you can see on the uh map on the screen, the tenative map for the subdivision was approved by the city council on October 14th, 2025. The developer Toll Brothers is now seeking final map approval for phase one of the development. And to highlight that, this of course shows the entire 122 lot subdivision that received tenative map approval. And the colors denote the different phases. And so what Tol is seeking approval for tonight is final map approval for the two areas that are bordered by blue. So as you can see uh down uh by country club uh that section is referred to as phase one and the section in the middle of the development is also part of phase 1. On uh January 21st 2026 the commission recommended approval of the final map 7 to zero. And as you can see on the screen, this shows in greater detail the final map segments showing the development. In response to uh resident concerns regarding um elevations along Bristol Ceone, the developer has made modifications to lot 28. Um, they've also put together renderings to help show the public and the council what the development would look like. Uh, you may

have noticed out on the site they have put up plywood uh to show and represent what the perimeter wall and the retaining wall would look like adjacent to lot 28 in the colored segments on this uh elevation. And they've also created renderings to show what it would look like once developed and fully landscaped. So, in response to uh resident concerns, Toll Brothers has um re-evaluated the um wall and the retaining wall in this segment adjacent to the lot 28 and has committed to having the um uh development pad for the home meet the elevation of the corresponding house, the existing house across the street within uh two sections of this lot and that is shown on this rendering and a copy has been provided to the council along with a letter from uh Toll Brothers. So their commitment is for both the pad elevation and the perimeter wall to match the elevations directly across the street uh from this lot. Um before you is um resolutions 811 and 8112 which would approve both the final maps. Another condition that uh Toll Brothers has committed to with respect to this lot 28 to respond to resident concerns is that they would only allow for a singlestory home on this lot. And so with that summary overview of the considerations of the final map, I can

answer questions and Toll Brothers is here to answer council questions. Questions? Go ahead.

So I I have a question with relation to we've divided it into two sections. So the one section is up across from um the LDS church that is sitting there, right? That's the that's A. Then B is that second section. So if um one or both were um approved tonight, what's the next steps then in the process for Toll Brothers? What are they seeking? So with this approval, how does that set you on pace for building? What's next? Uh next are uh building permits for the individual lots and finalizing the grading for the site.

And um if we approve just one section of it and then two weeks later another or whatever that would be right does that put you behind in that process?

I'll let uh tool respond to that question. Thank you, council uh and mayor. Mr. Maize, appreciate it. Um yes, to answer that question, the next steps for the final map are not just as establishing legal lots, easements, and roadways for the comm for the communities for the two separate parcels. That also allows us to continue forward like Mr. May said with building permits as well as filing for our real estate exemption which eventually allows us to get to public open for sale. So there's a few different working processes that go along with this map that are separate from the grading uh approval that that's associated with the civil improvement plans.

Okay. The reason I ask is is um clearly and I know that you know because you've been standing out on that property the same as me. I stood out on it and a truck came and pushed me off of it cuz and I was like, "Oh, okay." Um, but and and you know that the residents in that area have been there for 20 plus years and so have grown accustomed to what what um their their view andor what they're used to and and I'm one of those people. Full disclosure, I live over there. So, um I'm I'm happy to say that. Um I think my concern tonight it does not um fall in good faith with you. Um you I have good faith that what you presented to us tonight about 15 20 minutes before right to come to a conclusion to help those who are concerned in this area that I do think is a very good conclusion but I feel like as someone voting that they need to have eyes on it and they haven't really had a chance to have eyes on it to tell me right because they have contacted me and talked to me and told me their concerns regarding ing this and I want to know that this addresses their concerns and I haven't had time to hear that. I feel like it addresses them, but I'm just one person living over there, right? And I'm a representative and and I that's what I do up here. I represent people and u my constituents. So, at this point, that's why I'm asking because I feel like okay, we've we've solved the first part over there in phase one. I think the main concerns are coming in phase two. Would you agree?

That's that's where the the main concerns have been coming from the the neighborhood. Yes. Okay. So, specifically lot 28. Yeah. Yeah.

It's forever going to be known as lot 28. Never again will it have any other name. Whoever purchases that will be known as the owners of lot 28. So, if we proposed to um could you start the process on phase one of that section and then if they came back and this was great and and they did like it and it comes back in two weeks and we approve it, will that put you in a position to start on two quickly enough? Well, we were hoping so the the the grading plans or the civil improvement plans again are are technically a separate approval process from the final map. One section there's there's also we have our aotments uh that are that are associated with this development that we have to use before they expire. So to get through those a lotments, there's 27 lots in phase one. uh we would solely be relying on those or being rei we would rely on those ahead of the phase two or the we call it the Toll Brothers phase one area. Um so we're we're hoping that and and by make by by issuing the letter that we did and making the commitments on record that we are continuing to work with city staff. We're willing to meet with residents. we're willing to have the discussions to get to a point where everybody is is as as happy as they can be with the proposals. And I think in in showing our latest proposal with pad grades and wall heights equating to the um the properties just to the on the east side of Brisl Cone that we're at a point where we're we're meeting all of the the demands that we've talked about answering all the questions and getting to a point where that that it really we're we're ready to move to the next steps. And I do feel like you have done that and you've worked well with the residents and you have multiple meetings and you've put up plywood and you've done all I mean really you've done

everything to be a a good partner in that way. I just haven't heard from the people that I've heard from before to say this is something that they think will work and that's that's all I'm saying just and was curious of how impactful that would be for you in your process. So specifically holding the the phase the phase two parcel or final map two um that would delay that portion of the project for two weeks possibly.

Yeah. At whatever whatever time frame and and our opinion is that's because that's an unrelated or not a a technically related process with the civil improvement plans. We're still working through the civil improvement plans, having those discussions, making sure we understand the the the concerns there and making sure we address those before those plans are approved.

What securities are there available in the civil improvement plans that that it will be um brought to a conclusion that is good for both sides. A say we approve both of these, right? and then we just have your word or is there something more that says yes that's going to happen?

Sure. Yeah. So all of those final grading plans are subject to uh city approval and so we have uh Toll Brothers commitment through the rendering and the letter that was provided uh tonight and we would ensure at a staff level that they would fully comply with that. I have a question. Yeah, I think um I think Oh, I'm sorry. Go ahead, Cookie.

I'm sorry, Steve. I I received this tonight. I think the biggest problem for me, I got this rendering and it shows a rooftop on it in a building. No one has told me exactly the height here. I can't read what I received from you guys, the height of these. The middle one looks like it's the lowest one. Uh you're Yeah, those are the the elevation drawings for the homes. Okay. And do we know how high these buildings are from? But some the top one looks very high, the middle one looks perfect, and the bottom one looks like it's almost too high.

Yeah. So that's a sample of the uh home uh renderings that have been provided for uh single story models in the development. uh looking at the uh specific information about maximum height and this is at the peak not the average height of the roof they range between 20 feet and 24 feet. Okay. So the one in the middle would be 20 feet then.

Yeah roughly. We just we're giving an example because there are about nine or 10 different versions of singlestory homes that are contemplated for this. But to respond to council concerns, we provided a couple examples and we have the range. And so again to clarify, the maximum height is at the very peak. So between 20 and 24, but that's not the average roof height. That would be lower.

Okay. I have another question for this gentleman here then. So, is there a way that you I know you don't have to and all that stuff to ensure that we had just the 20 feet there instead of the 25 or the 26 on lot 28. I'm talking about lot 28. So, yes. So, on that lot, we've made the commitment that that will be a singlestory home, not a twotory, which we also have in in the product that one story down to 20 feet instead of 25. until that home is selected, uh, we're not sure which plan exactly will fit on that lot or will be plotted on that lot. I've gone some places and where they say only this pro this home on this lot. You're not willing to do that.

We we can make the commitment that it it will be a single story, but it could go over 25

up to 25 is the maximum. Yeah. then then I think we should wait for two weeks and let the citizens have the opportunity to speak to um Toll Brothers before I make that decision. Michael, if you might come back, please. Thank you, Mr. Summers. Um, I think I think the concern that um that the residents and some of council members hold is when we say the final grading plans are subject to city approval that um that won't be necessarily or potentially not vetted in the same way that we've had these conversations with um Mr. Summers. Um, I think there's a certain sentiment that um that some of the conversation could have been softened already by staff without the intervention of the residents having to to be the ones to essentially um be the ones to bring it up as a concern. and and because of that um I think therefore the the final grading plans subject to city approval gives a degree of discomfort to some council members as well as to the the uh neighbors. Um, can we talk a little bit more about how that could occur or what we might see in the final grading plan process? And I'm asked this. I'm I'm inclined to get them rolling as as quickly as timely as we can. Now, two weeks, does it matter to us from our seat? Maybe not.

Does it matter to them? I think it does. I think you've expressed that it does. And so I'd like to I'd like to find a way to vote an affirmative for tonight, but also from the staff side when we talk about the final grading plans be being approved basically through their their permitting and the final grading process with staff. if we could have some some reasonable reasonable certainties that that's going to be but be guarded, you know, by staff for the for the concerns that have been expressed by the residents. So, so, Council Member Walton, um staff takes very seriously the concerns the residents have raised regarding this development. our staff um have been working diligently to evaluate with Toll Brothers the best way to respond to the concerns. Um when we met with folks out there um on the 17th, the residents had uh proposed a couple alternative designs as to a way to address their principal concern about the height of lot 28. our staff and I can have our um public works utility director uh Gary Po Dexter come up here and elaborate looked very closely at those alternative options. And while Tol was able to do some modifications to help reduce in particular the backyards of several of the lots, unfortunately a more um aggressive reduction in the lots along Honor Lane would then complicate the ability for the utility to be put in place. And so, uh, we understand that we're responding to resident concerns, but staff has been, uh, fully committed to trying to

address those concerns, um, in a way that would meet the, uh, residents needs. And so, you have my commitment that we will follow through to ensure compliance with the commitments that Toll has made. Um, thank you. U, Mr. Summers, are are these um the scenario one and two considered uh what your engineers view as the kind of last best offer, so to speak.

Well, these these contemplate um every adjustment that we were able to make considering, like Mr. May said everything from utilities and that has to do with the the depth of utilities and minimum ground cover over that. Uh it also contemplates drainage different drainage scenarios and different grading and wall configurations to get everything as as low as possible as far as the pad grade and that wall height. So these are kind of the two as as everything is whittleled down. These are the two best options that we've discovered thus far to get to achieve both of those goals and getting everything as low as possible as close to that natural grade and as close to the adjacent homes on the east side of Brisl cone.

Thank you. I I think um for my two cents, I think we've seen a lot of effort by both staff and toll representatives to do as much as possible to listen to listen purposefully to take some of the ideas that have been proposed and and see if some of those work. Um I I am really uh grateful that you've said, "Well, it's not my idea, so it's not doable or not worth considering." that you've been very open. Uh and so I I feel confident that going forward, while I I do hear some residents say, "Look, uh we we lose our leverage, right, if we if we approve this and and then it's a it's a runaway train and we have no control over it." And honestly, I I don't really see that as as the issue. I I feel that both staff as well as toll is going to continue to work as as far as we can get on that and therefore that the delay you know for the various purposes which you already um named the few of them matter matter to the to the process um so thank you for that explanation

absolutely and I and I appreciate that and and that goes to when we go and and do developments we don't just come in and develop up and walk away. We we become we are contributing to this community and we we honor and respect that. We we want to be good partners. We want to be good neighbors. That's why we're more than willing to have the extra meetings to go the extra mile to have the conversations to understand the concerns and to present as many options and scenarios as we possibly can to come to the best overall solution. and and we're still committed like like the letter says and like we've we verbally stated on record, we're we're willing to continue to continue working toward those efforts.

Yeah. Yeah. Thank you. And I do appreciate that statement because this shows the commitment and you know we can always say but you know you said right and and I think that alleviates a lot of the concerns that you know we're going to ju just be then tossed aside. We meaning you know those that have expressed concerns as neighbors. So, I appreciate that. Thank you. And um based on that, you know, I'm I'm uh not seeing any impediments in my view for for proceeding with with their approval for the final map.

Would it be possible since this is a new add-on for you in layman terms maybe, right, for those who wouldn't be here to pull up scenario one and two and explain the changes that you've made according to what you have here? because this is beautiful but not everyone can understand exactly what this is saying in terms of what our visual will be. Absolutely. Can we can we pull it up? Yeah.

Just bring up the Thank you. I think it's in there. Yeah, there's scenario one. then just advance it for scenario two right there. Okay.

Uh scenario one is the is the current uh fully reviewed proposal. So this shows a current pad elevation of 45.3. It's actually 2345.3. That's the survey elevation above sea level. Over to the right where it shows the cross-section. Um I'm sorry, 45.0. over to the right where it shows the cross-section. The the upper crosssection is the direct line or segment from that portion, the upper portion of the lot to the adjacent property on the east side of Brisl Cone. The pad elevation on that side is at 2344.5. And again, the lot 28 elevation is 2345.0. That's 0.5 ft or 6 in above the pad height to the east because the lot the way the way we're proposing the grading as you move south or down bristle cone the back of that lot tapers down. So it's it's what we call Btype drainage to where the front of the lot the front portion of the house drains into the street in front kind of with the driveway and then the back portion of the house tapers down and drains toward the rear of the lot. And ultimately that drainage gets to the south end of the lot and then drains into the adjacent common element that you see on the plan view distinguished by the two darker lines. It's a 5 foot wide common element that that was created for this and will be maintained by the HOA at the southern end of the lot. That lower cross-section on the right that shows where the pad elevation is 2340.8 8. Whereas on the east side of Brisl cone, that property pad elevation is 2340.3. And that's that 0.5 elevation difference or 6 in.

And for clarification for those who are like, oh, what does that mean? That means the existing lots across the street from these properties, that's where their pad is at. So these are lots that are already existing. what their height is versus what you're proposing for your height.

Yes. And the cross the cross cross-sections show the relation between the two. Um to get to this scenario, we we went through uh quite a few discussions when when the the concerns were first raised. We we met with staff, had extensive meetings and discussions on how to address. Um so, as if you'll if you've been by the property, you'll notice the rear of that lot is higher. that was originally established as the entire pad was full A type drainage which means the entire pad was draining to the north into Honorline Street or the street uh in front of the lot. That was that was done because this is not a golf course adjacent lot. So earlier discussions in the process with with the city were established that only golf course adjacent lots were to have Btype drainage where the back of the lot drains off into the golf course. because this was not the the pad was raised so that the whole thing positively drains into that honorline street in front. So, one of the first thoughts was, well, if we were able to lower and taper off the rear of that pad, what happens to the drainage? You can't just dump that into your neighbor's yard behind you, right? So, that's why we established that that common element that would allow that drainage and not just put drainage and and make it the city's problem. It's it's going to be maintained by the HOA. So that drainage will always have a place to go and it will always be maintained. Uh the other thing that does is that allowed us to create some wall separation. So also if you've been by the property, you'll notice the the plywood panels that are there represent the lower retainer and then approximately 5t set back is that screen wall. So so that allows that separation per per development code. We can't have more than six feet of wall facing uh contiguous wall facing a public rideway. So that allows us to to maintain that

separation as well. Um in addition to scenario one, real quickly, will the elevation of the walls change then with the new um height of the pad? Yeah. So because that mainly the the upper screen wall sits on the pad elevation. So as that pad elevation adjusts down that that screen wall will also move down. Do you have a rough estimate of how many feet from the front to the back from what we visually see right now? The linear distance of the wall? No, the the the height the height is 6 feet maximum.

No, I know. But I'm saying right now we have a visual that you've put in for us, right? But if you're lowering the pad about how much lower would that then visually be if we saw that today? You're asking versus the visual panel. So, so right now that panel is is 12 in or 1 ft above this proposal, this proposed scenario. Okay. Yeah.

Great. Thank you. Uh, scenario number two was established because we looked at the drainage in Honorline Street and we we were trying to to figure out how to lower the street even more even though the grade that that drains at is is half a percent.5%. Which is very very minimal to get water to actually flow. much less than that. By the time you get to 0 4.3 point 2, water essentially doesn't drain and and as it during 100red-year flood events when there's a lot of rain, it'll eventually back up the drainage the surface drainage system. So that 0.5 is a is a minimum to maintain positive drainage that continues through the community out to Honorline Street and then eventually into Bristle Cone where it drains further south and collects into the storm drain system that we're constructing as well. So, in looking at the the street in front of lot 28, we established that if we cut drainage off on the west side of the lot, um this doesn't have a laser, does it?

Um there is a an additional valley gutter that we put on the that runs across the street on the west side of lot 28 that takes some additional flows and pushes it to the other side of the street. And that allows us to lower that street slightly and then it runs out into east into Bristle Cone and then continues along its way downstream. So in in in adjusting that drainage and lowering that street a little bit, we were able to to gain an additional 6 in lower on the pad height, the pad elevation. And then again, we show on the right side, we show the cross-sections. Um, this scenario we actually had, you'll notice there's there's wall heights on here. So, you'll see the the lettering TSW that represents top of screen wall. So, we actually because the concerns were addressed about the neighboring properties to the east and what those the tops of those walls were at. So, we had survey come out and actually take elevation shots on that wall to understand where our wall was in relation to that to make sure we weren't above it. And so we we were able to understand exactly where where those were without guessing and establish per our plan that we were going to meet or be below that height.

Perfect. Thank you. I really appreciate that because there's a lot of numbers in here and a lot of acronyms that um we don't all completely understand and I feel like if it's explained then we get a better understanding of what we're looking at. So I really appreciate it. I would echo again that how much we appreciate your willingness to listen to the residents, how much we appreciate your willingness to consider things that might be brought up, right, that are new and and implement them. And so, thank you for these new scenarios and your commitment to these new scenarios, which I really appreciate. Yeah, we definitely appreciate the neighbors working with us as well and and and us working with staff and everybody trying to work together to understand what the best solution is going to be for this.

I just want to say I don't know if I made this clear not to brother a very nice product that you really do and you're going to be a welcome site over there and we appreciate that. I just felt that two weeks wouldn't hurt for the citizens to finish talking to you because I just got these late tonight and I didn't get to go over them and I just would like to see harmony instead of aggravation going on from the beginning because you do make a great product. So that's why I would like to see us hold off two weeks on phase two. And I think you could still be moving forward if we did that did it that way and let the citizens realize where we're at and realize what their product's going to look like.

Thank you.

Thank you, Mr. Summers. Um I think we've been grilled tonight. Rightly so. Question. Um so you know there's a want, there's a desire, and there's a technical need. I mean, things that you just have to do. And I think um being out there last Tuesday listening to the residents, they want to know that they've been heard. That's one side of it. Then the other side of it is what technically has to be done via drainage and the other things because you don't want to get to giving the residents what they want and somebody's backyard is full of water after the product is done. So I I think we have to take in consideration what the design needs are versus what the residents want and try to get a happy medium. Now I thought that um phase one which is two sides that that was going to be the first approval. I I wasn't sure phase two. So you're working on phase one right now. Correct.

I think if it's approved you'll start working on the both the two phase ones. One on the south and a little bit to the north. Correct. Correct. I guess that's lot 28 area. Yeah, we had to per survey law, we had to legally separate because they're not adjacent or touching. They're not contiguous parcels. We we had to create the two separate final maps.

So, in holding off on phase two, wouldn't that be kind of a certainty that you you you're getting the product you want and there's not going to be any hiccups after the fact? Because not to say that we rushed into it because we have had a lot of talks. So it's not a rush, but to make sure what the residents want and what the technical design requires, those are met. And it may be one or the other. You know, we could have both. You could be right in two instances, but we don't want phase two to be the need of the residents met and the technical need not met. Waiting two weeks. Could we get a final on that technical this will work rather than you know working on phase one and then I don't know how long it takes for phase two for you to get that shortity that or you already may have it you know phase two is going to work the way that lowering it I mean you've made a lot of changes in the last two weeks and when you're talking about design or technical design at that you know working with utility pipes and you know other things that are in already in that area electrical Is there assurityity that everything's going to work? And and we're maybe waiting a week or two to make sure that that's going to happen. And if you could say without a doubt tonight, nope, we can make sure that this is going to work to to satisfy the residents and also satisfy the technical design needs.

So I'll give you two I can give you two separate responses. One is going to be more directly responding to that. But the first part is as far as product was concerned, you had mentioned moving forward on on phase one, the phase to the south, the final map to the south

because of the differentiation in lot sizes, there are different products that are able to fit on those different lots. So the majority of the of the lots in the on the south uh are 7,000 to 10,000 square foot lots whereas the northern phase or phase two has 10,000 to 15,000 plus square foot lots. So there's different products that are associated that can fit on that. So allow holding one allowing the other to continue still hurts the some of the products and when we're able to bring those uh into development. Okay. So going from a

I can offer a little bit more on the business aspect of the sales part of it. Um so don't want don't want to interrupt you. So I'm Janet Love from Toll Brothers. Uh so uh one of the one of the um urgencies of getting the final map that Isaac was trying to speak to is a real estate exemption. So there's a lot that goes into uh we need a final map to have actual lots established before you can market and sell them. So we need to get our real estate exemption. And then once we get our real estate exemption, then we can start preparing to open for sale. So down at the southern portion where the 7,000 foot lots are, most of those will be started as we'll say speck homes. You know, that's what the industry usually calls them, quick movein homes. That's a different product line than what we're going to offer up, you know, around the, you know, the larger lot. So most of those at the bottom will be started as speck homes. Um the other ones we will start a few as speck homes and then we also want the ability to be able to sell them individually as you know which plan elevation structural options the buyers would like to have on them. The the bigger the house, the more expensive the house. We understand people really want their choices as well and they want to personalize it. So the you know what we don't want to do is put um a bunch of large homes in the ground and not fully understand what the buying public wants. And so we can't go to sale and start understanding what they want and what they would select and which lots until we actually get that final map and then to get our real estate exemption and our then we also have we have sales and we have settlement. So sales obviously we need to get out there and start talking to buyers. Then we have a build time um you know for the for the toll product that's a little bit quicker of a build time than our storybook product down south. So, uh, you know, huh?

Story books. Well, I'm sorry. The it's it's a little bit longer and story book is quicker. You're right. Um, I like the ying and the yang. So, uh, the the storybook, uh, build time will be quicker than the toll the toll build time. And so, we need time to market it, sell it, and also get a buyer through the studio, have their design selections, and then before we actually start the home. But, we will be starting a few uh, upfront is uh, kind of quicker delivery homes. But we we would start the selections. Can I ask one question there? The real on the real estate exemption. Can you get that with phase one or you have to because phase one is going to be a different builder?

It's it Well, it's different. It's different product. It's different lot. So, we we could get our real estate exemption for the story, we'll call it the storybook section, the one down south. We could get a real estate exemption with that if the map uh went tonight um and was approved, but we we would not be able to uh start the application process because there's a process. We have to get the title report and everything. So um there's we can't immediately once we get the final map start that process, but then we would have to apply for the um the larger lot section as well. So there's there's a um there there's a there's a time frame of all that, you know, that still has to happen before we would before we would actually even open for sale.

For the real estate exemption, you have to have approval of the second se uh phase. Yes, you for to get our to get our real estate exemption for for that. Uh for each phase, you have to get a real estate exemption. Okay. Yes. Thank you. I just wanted clarification. Yes. And so I I wanted to Isaac's doing a great job explaining it, but I figured I might be able to offer a little bit more on on that end. Like he turns the dirt and you know I probably worry more about the sales

and I can speak a little bit more to the other part of the question about the technical review of the the changes that we've made. So, as as we go back to I think it was the end of January when the the concerns were first raised over lot 28, we we met with staff and did an in-depth review on changes that we could make. We talked through those. I mean, we we spent quite a few hours just downstairs working through all of these concerns and how to address them. Um, after that, we we resubmitted our our full improvement set that included some of those adjusted designs. Now, at this point, we're we're fine-tuning some of those things. So, there's uh specifically regarding and I I'll use scenario two as an example. Uh we've although that that did come late, you guys are you guys are seeing that just fresh.

Uh we've done a cursory review with with public works and with the city engineer to under they so that they could understand the design and the changes that we proposed. So, we're continuing to work through that those technical aspects and and again that goes with the full civil plan approval process which Mr. May spoke to that it's you know staff and Toll Brothers were we're committed to getting the every technical aspect covered through the through the approval review and approval process. I would think that that's the most important part because we could say what we want but then the technical side of it comes in and in two weeks it'll sound like well you promised but then the technical side said maybe he shouldn't have promised. So I just want to know that those two are aligned the design and the technical side of it.

If I may and just weigh in from the staff perspective. Um, our staff has been diligently evaluating potential options and with what's been submitted tonight to the council, we have full confidence that they can follow through with their commitment so that the promise of the citizens is viable and can be accomplished.

That's what I wanted to hear. Thank you. Well, now I get to talk. So, I have uh some history with water as it goes down that bristle cone area with flooding from the uh first development that went in there without adequate drainage. Uh, and then fortunately the second development went in there and stopped the flood water from hurting the first um neighborhood. So I'm very aware of drainage and how important it is.

Uh I love the concept of the B drainage uh what you're talking about because that water still goes downhill and if you look at that lot and it goes down that's probably where the water's going to go. And I appreciate that whole line that you've got figured out where that motor needs to go. I appreciate what you've done. And as I see it, what you've done already is you've lowered that pad from the original uh thing and you've looked at the equality of height across the street with the fence. And then you are looking at a onestory um uh that will peak somewhere above the fence obviously. But if I look at the other side of the street of Bristle Cone, then I see there are houses are well above that fence as well. So I don't think it's going to be in congruent to have a house peak up above this fence. We don't want a basementonly house

underground. So, it, you know, I think it will look and we we've said from the get-go that this se this street will look the same both sides. And if you look at your rendering, that's what it looks like. We've got a path. We've got trees. We've got a fence. We've got houses. And I think we're going to see a one side or the other pretty much looks the same with houses that go above the fence, the fence being the same side, the trees looking good, a a path where you can bike and walk. And I think it's going to be just a beautiful thing that you're doing because it was beautiful on the other side. um the um one story versus the other side. I think you know we're going to see houses that look above no matter what kind they are. Single story or double story. We have double stories on the other side. And obviously a double story can look down into a neighbor's yard. I mean that's just a fact of life. Um so make sure you're fully dressed.

Did I say that? Okay. Um so that the uh the drainage across the street uh that comes in across the Toll Brothers uh street that comes into Brisl cone, does it not? Does it does it go anywhere else? Uh you're referring to which drainage from which

big rain comes the houses across the street from your proposed development. Does that drain into Brisl Conan down? Yes, that that whole area. And that's that's a main reason why we're improving the storm drain system that runs the length of Brisl cone. And and and if you look at the design, you'll notice it gets larger. The capacity of that pipe gets larger as you go as you move further south because it's collecting more water as you get further south toward the golf course. So, could I say that this development will actually improve the drainage from even the other side of that? Yes, there's there's drop inlets where it collects water that are placed on both sides of Bristol Ceone.

So, this will improve my flood drainage from the on the other side of Bristol Cone as well. Yes. The the You're paying for that? Yes. Yep. Thank you. Absolutely. Um, so the uh the back set of the home um how far back is that one story going to be in order to be able to drain B and drain A? Uh because depending on how far back it is will depend on how high your peak is at one point or another. Is that designed to go back 20 feet or is that one of those that goes back 90 feet or what is it? Have you figured that out?

Yeah, so the the front set back is a is a minimum of 20 ft. We're we're maintaining those. We'd like to all lot more space to the rear yard to the homeowner to utilize rather than a front driveway space. Uh but but using utilizing that 20 foot front setback the slightly back from that. So we'll we'll roughly say the front half of the house is what is what would drain A type drainage into the street in front and that where that high point is shown on the plans from that point back is where the Btype drainage is established and everything so that high point everything behind it goes back everything in front of it goes forward.

So you won't have a house that's like this on the bottom be like this. Yeah. So, if you're referring to the the pad elevation changes as you get further down, as I mentioned, it tapers down in the back. The overall pad that the house sits on, there's there's, you know, you could differentiate from the pad elevation from the finished floor height to the front may vary a little bit to the back, but essentially, you won't walk out of the side of your house and fall down the hill. It's not, you know, it's not as extreme as as you're kind of gesturing that it's that it's a giant peak like that. All right, if that makes sense.

So, in essence, the house will probably be on enough on the front that you're probably not going to have as much drainage on the front as you do on the back. Yeah. Given the given the size the area that it's that it's collecting water and then draining, that area is not as substantial. this lot specifically not as substantial as the rear.

So last night when I was talking or listening I'll call it listening more than talking about the road and how the road would have a half uh percent and it goes down to 3 feet in or 3% instead of a half percent. Um, can you make that understandable to somebody even like me? Because that was one of the objections that the the road tilt or the slant would go from a half percent to 3%. What? Teach me. So the the half percent drainage is established on the high side of the road. If you imagine you have, and I'll gesture as well. If you have a flat road that's running into bristle cone, which is tilted at three and a half% grade, you're going to end up hitting at bristle cone and one half of your street is going to be above and one half will be will be either at grade or below. So you have to be able to equalize that grade as it runs into the adjacent street. So what happens is the the low side of the street dips down slightly to match the downhill side of Brisl cone of the portion that that road intersects with Brisl cone. That's the reason for that that adjusted grade to match into the lower portion of the street that it's that it's hitting. And you made that adjustment when

that adjustment was done was initially looked at during drainage study when we're looking at at different rates of flow um and how the streets line up and where those flows are going to get calculated to carry. Um the that detail comes when we look at again build build utilities underground come up with a final street grade and then adjust that considering the drainage that was looked at as part of the drainage study and where that's going to go and and at what rate what flows accelerations things like that.

So you're really from a because I'm interested in the drainage. I don't want to flood again. So you're really doing all of those half half percent and 3% according to what's necessary to make sure that my underground utilities and the flow of water doesn't keep up and go like that. So it it's a necessary thing that you're doing that for.

Yeah, there lots of considerations. I think mainly to address your question is we we have to have the water continuing to flow. So, we have to give it enough of a slope to continue running. If you if you shallow that slope enough, eventually, you know, if you imagine you dump a pool out on the sidewalk, if it's perfectly flat, it's going to it's going to sit there. It's not going to be able to move. If there's more water coming from the upstream side and hitting that that's stopped, it'll also collect and stop and you'll start to have pools everywhere. So, we we can't have that. So, we have to find ways and grades that establish that positive flow through the entire site and out to its ultimate discharge point. We like our pools in the backyard, but that's a different thing. Um, when when you when you last night, for instance, did you change anything from last night's group that was out there?

That's actually I mean, there was a significant number of people out there. Yes. So that that's actually where scenario two came about was when we looked at at the drainage model on on Sunrise uh across the street across Bristol Cone. We looked at the drainage model there and it was different than what we had proposed in our streets. And so we we did the calculations and made the adjustments there to ensure that we could still maintain that positive drainage, but it would also benefit lot 28 specifically in allowing us to slightly adjust that down. So we we took that as a as a pos positive net benefit for the exercise here and what we're trying to achieve.

So you took comments last night, made changes today and all for the better. And I was up late. I was up late last night talking to our engineers and I got him up early out of bed this morning to get him to work on these these models. So we're we're actively engaged in this. That was my impression that you not only listened but you did this when they were talking and how you were doing it. So I appreciate it. So if we approve this site plan as it were uh in totto today um can we back off of it to make any changes? And Mr. Maize is probably going to answer that question.

Back off of what?

Can we change your mind? though. Can we improve it? Can we do anything? We can always improve it, but the final map has to be in substantial conformance, the tenative map. There can always be continued tweaks as we finalize the grading, but um uh we believe that what has been presented in scenario 2 based on staff's evaluation is uh the best we can do, but we're still open for conversations. I mean, my my impression is that you've listened to all of us and all the the things and I've been impressed with how that process has been and I hope I illustrated that by saying what were you doing last night. Um, but I appreciate what you're doing and I think it's a good plan and I feel very comfortable with site plan myself. Thank you.

Anyone else have any questions or comments?

Just going forward, I know we're talking about one and two. Going to the next phase, what do you suggest we do going to the the third one where there may be some hiccups there? there. Can can we look at it well in advance or and this is phase three and four obviously it's not on the agenda tonight but just going forward because I I think from the very beginning the problem was elevation nobody knew what the elevations were going to be which I hope going forward with other projects tolls or whoever the elevations will be addressed upfront because I think we could have alleviate some of you know the arguments but um going to the other phases are we going to run into that I know there's not uh neighbors on the other side other than golf course, I guess. So, you probably won't, but do you foresee any changes?

So, I I think we have a couple different things working to our advantage now that will benefit us as we move into future phases. A couple different things. So, I'll I'll address them separately. Um phase two, which is adjacent to Adams. Yes.

Not running all the way up into the corner by Adams and Bristle Cone, but slightly off of that. So, running most of the length of Adams down to the golf course parking lot. those those plans have already been submitted. So staff is currently reviewing those. Uh that's that's kind of one item that's already called it out in the open. Another thing is the the tenative map. While it is tentative, it does establish grades and we have to do that because that ultimately feeds into our drainage study and our drainage models and then that feeds into our civil improvement plans. So the the pad elevations are established fairly early on because we have to understand how the site plan that that city council approved when it was approved. Gosh, I guess it's been a year and a halfish. Uh that site plan is is actually able to be constructed that way. And so that's why that tenative map takes that interim step and establishes retaining areas, pad grades, streets, things like that that that helps to hone in a little more detail. Um the other thing that we have working for us is we is most of the site right now is graded. So that visual is there. Some of the areas are still are still low. They've established subgrade and they still have to bring in additional dirt to kind of build that up in some areas. But for the most part the visual again is out out in the open. So I think that's what once the visual once lot 28 was there and the visual was established that hey there's we need to raise concern here that can also now be done in future phases as well.

Okay. So that's the lesson learned so to speak. Yeah it it's and and certainly it it it shows you know that this process and the discussions that we've had. We're we're not going to say this is this is it. We're not going to do this on future phases. We're we're a good neighbor. We're always going to be open to this. We're always going to have these discussions. We're a a quality company that's willing to bring a being a positive benefit to the neighbors to and to the neighborhood. We're not we're not just going to come in and say take it or leave it. You know, we certainly haven't done that here and we have no intention of doing that. Thank you. Yeah, your reputation is good and I'm sure you want to keep it like that going forward. Absolutely. Thank you for your work. Thank you.

Other questions, concerns? I would accept a motion of some kind.

All right, we've got two resolutions before us. Um, can they be taken together or they have to be separate? They can be taken together. I move to pass resolutions 8111 and 8112. Is there a second? I'll second that. And any discussion? All those in favor say I. I. I. Any.

Any opposed? Say nay. Unanimous. Thank you. Thank you very much. We are now Going to item number 11. Boulder City is unique. It's unique in the fact that a vast majority of the vacant land in our community is owned by the city. And because of that unique feature, we have something in our code that is called the land management process. The land management process is an opportunity to evaluate in a transparent manner the potential disposition of city land before uh leases are contemplated. Uh reszoning is considered and it gives the public a chance to weigh in on potential uses on city-owned land. So you can see on the screen um this is a list of the current properties again city-owned properties that are on the land management process list. This includes uh 17 different properties uh approximately uh 1731 acres of land which are then graphically represented on these two maps. When an applicant submits a proposal uh to the city for consideration to be added to the land management process list, there are several steps involved. The first step is tonight. It comes before the council and the council

decides whether to entertain adding a parcel to that list for a particular use. The council would then recommend that this matter move to the planning commission for the planning commission to evaluate during a public meeting, provide a recommendation, and then bring it back to the council for final consideration regarding adding it to the list. I want to emphasize that point because just because we have these 17 city-owned properties on this list doesn't mean they're going to advance the development. They're just on that list for the potential next stage in consideration and entitlements. So, Townsite Solar uh 2 LLC has submitted an application for council consideration to be added to the land management process list for the specific purpose of a data center. This property, which is 88.5 acres, is located, you'll see the solar panels on the aerial. That's Townsite Solar 1, and it's located southwest of the US 95 I11 interchange. Um, currently Townsite Solar 2 LLC has an option to develop this property for battery storage and solar, but they want to explore with the council and the community the opportunity to develop data centers on this site. Um, even after a parcel is added to a land management process list, there are many

more steps and opportunities for the city to evaluate, uh, the potential use. The other thing I want to emphasize with this map, um, just make it very clear to our community, this property is not in the Elorado Valley transfer area, which is subject to the ballot question that's going to go before the voters this November on re, you know, the opportunity to have data centers within that area to the south. This is outside of that area and so is not subject to voter approval, but it is subject to this process. As I mentioned, this is very early on in the process. Staff still needs to do further evaluation specifically on the feasibility of data centers. It would require either reszoning or a text amendment to accommodate data centers because currently within the community uh we do not have a zoning district that would allow for data centers. So before you tonight is the initial step in consideration of the potential uh use of data centers on this parcel. And um I can answer any questions you may have. We also have representatives of the applicant here that can provide more detail on their application.

I have a question of you Michael. So I'm not for or against these data centers because I don't know enough about them. So if we added this on, would we be given the opportunity to discuss how they work and get the information out or absolutely because what part of the process would that be done in?

Yeah, the uh next appropriate step following that would be to evaluate um zoning that would be appropriate to accommodate the data centers and under what conditions. So that is an opportunity where the planning commission and the city council would be able to weigh in because currently data centers are not permitted anywhere within our community. Thank you. That was my biggest question is I want to be educated to be able to make an answer. Thank you,

mayor. It's a it's a statement made through a question and I'm going to ask you the question. Maybe there's more than one or two things I'm going to ask, but um is the city obligated in any way whatsoever to follow up um in in any form that even resembles the applicant's actual statements on their application. Now, when you say follow up, meaning they have to follow through. Yeah. that we're obligated in any fashion to to agree to any of the things that they actually said on their application.

The short answer is no. And I I'm glad you raised that question because I think there's a common misconception in the community that the land management process has now entitled that land for that use. That's uh not an accurate representation. zoning entitlements, lease negotiations. Uh there may be other entitlements that will be involved many more steps ahead. This is just the initial step. Thank you. That was my point with that question. And honestly to have the applicant here is the cart way before the horse because because of that very fact.

We're under no obligation to enter into negotiations with the applicant or if we choose to to comply with any of the things that they suggested in their application. Right. That is correct.

Thank you. That's very very important for us to remember as we deliberate the land use consideration here. Uh and to so for my two cents to even ask them to come up is pointless because whatever they're going to say has no real bearing on what may ultimately occur uh in in any negotiations that could possibly occur. Uh and this um is as you said a process for land management that goes through many other steps some of which include public hearings and public involvement. Uh so I think that's important. I don't have any more questions right now mayor. So I'll I'll seed to other questions that may be asked.

So thank you um Councilman Walton. That was a good point that you made about um that we're not tied into yay or nay of a data center. One of the things you said, Mr. Maize, was um this is about the council and the community. And I and I think that's huge because it's not just us five up here or the staff. It's it's the community. They have spoken loud and clear basically uh kill the baby in the cradle. They don't want data centers no matter what, how, when. But but that argument is really not for tonight. Tonight is just putting something on the list of possibly entertaining down the road. I'm about technology. I know we're small town. Uh you know, and we have our ordinance of what the type of town we want to be, but I think there's always room for technology as well. Data centers have come a long way. I've heard all the um pros and cons of it and that's to be argued at another point. I just think closing the door completely on the unknown of what could happen in a year or two uh we may be shooting oursel in the foot or we could say um yes tonight and then down the road change our mind. Correct.

Correct. So it leaves it open that nothing is definite. But I I hate the fact of closing the door on technology. You know, I I I'm 70 years old and I I I haven't I wasn't born when the Hoover Dam was built, but there were people who said and and I'm going to read what they said. There were those who argued Hoover Dam was was an impossible, dangerous, and wasteful project, claiming the structure would never hold. Critics warned that there would be enough water to fill it. Somebody said it's the devil's bargain. Those were the things that were said. The industrial era. There were those who argued that um cat cal cataclysmic process destroying past um trying to bring the past to the present with dehumanized work. They criticized the rise of mind-numbing repet repetitive. Oh, I can't I don't even know what they're trying to say there. But the bottom line they were saying well the industrial era would never come to pass and it was fruitless to even think about it. Horses and to cars people said that there were uh in the 19th to 20th centuries dismiss cars. They're dangerous, unreliable toys for the rich. They would never replace the horses. I I mean these were the just the thoughts of people what they said about technology coming forth not understanding what it was but you're afraid of it because it's what you hear maybe have happened in other countries or in other states but we are evolving as the days go by and I I hate to just turn off something on it's I'm not saying that people's um perception of what data centers will be will change. It may not we may find that yeah it is fruitless to have one and we won't have one but I think there's a lot of research that needs to

be done on these I know that we own the land which means we have say of what could be and what can't be. We already know the state of water and electricity. There's nothing that's been said here tonight that I don't think I think everybody has the same concerns still. Let's not throw the baby out with the water is is the bottom line for me. I I I love technology. It could be good. It could be bad. Look at social media. It has its pros and cons. But um I just think to say no alto together forever. Um history shows that that's that's that's fruitless. It's not warranted. Now, we could prove it to be so to where we don't have data centers and that's fine. But I think at this point, um Councilman Walton hit it the nail on the head. We're not signing up to anything. We're just saying the possibility is there for the pros and the cons. I I think it would be fruitless for us to turn away any kind of business. Not just for the sake of having business, but it's for the sake of history and growth in Boulder City. We are Hoover Dam. That's why we're here. If we had listened to the people back then, we would not be here having this conversation. Could be the same thing with data centers. I don't know. But it doesn't have to be tonight that that has to be decided. So that's I just wanted to put that out that you know I am technologydriven always have been. I've ran on that. So I'm not saying anything that people don't know but I I just to throw the baby out with the water is not good. So that's my statement. Another question.

Uh could you Mr. May tell us about how the land is being used now? who's leasing the land, what it's allowed to be used right now, and therefore why this is being proposed to consider being it used as a data center. Could you give us a little history and refresh us? Sure. So, Townsite Solar 2 LLC um has the land under an option to be able to develop for battery and solar. Um currently it is vacant land. Um it is zoned um our energy resource uh zoning district which allows for solar and battery. And so the reason this is before you tonight is that our code is very clear that even if there's another use permitted for city-owned land, if somebody introduces a new use, it has to go through the entire land management process for consideration. Thank you. So knowing that uh there is a potential new use available uh this would allow that new use to be uh considered openly by the council to see what the council feels as opposed to saying the council is not voting today to do a data center as much as to consider the potential that one could be discussed by the council. So this vote is not to approve a data center. That is correct.

That's right.

Motion.

I I just have some comments if you could. Mayor, I think that um everything needs to be reviewed with a critical eye and many of the comments that we've heard. Now, I think it's important to know that we've heard from some people a very small number of a representative group of the community that are against it. Typically, when there's an item, you get more showing up that are against it or in for and and I think it's important for us to to remember the totality of what we're who we represent. Um, but everything needs to be critically reviewed. the power, the water, the visibility, the environment, the the heat or uh whatever's associated there, the the height of buildings that are allowed in Boulder City, and as you had questioned, the the current use down there, and the proximity to all the other uses that really are the economic engine. If we look, every community has an economic engine, and typically they're visible. And when you drive into a community, you can visibly see what that engine is. Um, drive into Las Vegas, it's very visible what the economic engine is. You drive into a large uh city in the Midwest, you see highrises that are full of bank buildings or uh manufacturing or you go to Detroit, it's all car production or whatever the case may be. And Boulder City um needs to have an economic engine because we don't just organically produce the funds required to provide the services to our community. Parks and wreck being one of them that we heard from today. And so, yeah, when you look out in the Elorado Valley, there are things out there that are visible, but that is the is the visual evidence of

what really is our economic engine. We get, you know, about onethird of our um of our uh budget from the sea tax, which we benefit greatly from from everybody over the hill from all that's done there. And then, you know, from government sources, we get about another one-third property tax being 5%. So, that's never going to fund the needs that we have. and then the rest being between 35 and 39% the engine that is driven from everything done in the Elorado Valley. And so I I'm not speaking in favor necessarily of data centers, but that we as um council member Ashhurst very eloquently stated, we need to look critically but open-mindedly at what the potential is in that area and and not to get into all the pros and cons here because that's not why we're here. It's just a land management process. the potential to then critically look at every one of these items and see if it adds up. And I think uh because of that, it's it's important for us to seriously consider, you know, the the potential approval of this just entering into the land management process and going through the halfozen to a dozen other steps all the way through if we if we choose to even entertain it ultimately. So, thanks for letting me make those comments.

Thank you. Any other comments? Like to move this to the land management process and move it forward to the planning commission. I second it. Moved and seconded. Any discussion. All those in favor say I. I. Any oppose say nay. It's unanimous. Thank you. Thank you, Mr. Mayor. Now, with that done, we will open for public comment. Anybody who would like to come forward on anything, take your three minutes as you desire.

Hi, I'm Brenda Lurier and um that's really disappointing you all after hearing from 13 people vehemently opposed to placing data centers in our city. But um actually I came up here to speak about um well one piece you said a visual representation of Boulder City. It's right behind you there. It's the Hoover Dam. Um but I actually came up to speak on agenda item 10 um the Liberty Ridge um Toll Brothers proposal or to reference it anyway and just hearing everybody speak about it for a really long long time. Um you know I wish we could spend 5% of that amount of time talking about any of the other neighborhoods in this city. Um but that happens to be one in which the again the vast majority of this council lives in. Um which is just continuously frustrating for a lot of us uh constituents. So sorry if I have to be the one to state that bluntly. Um and just two examples today that I'm going to point out. I drove through Moors Mobile Home Park whose streets are private, but I would encourage all of you to drive down them and try not to get a flat tire. Um, again, they are private, but it be it would be nice if the city worked with the mobile home park to make those streets drivable and um keep the rents stable for the residents who live there. So, that's number one. And number two is um I had noticed about a week or so ago um the drains in my own house like a raw sewage odor emanating from them. So you know I did all the basic fixes one would do. Put hot water, vinegar, all the things down them and it persisted. So I checked with my neighbors and about 24 of them

um said yeah they were experiencing the same just in the last week or so. Um, so I called the utilities department. I got Joel on the phone yesterday and um my compliments to him. He sent out um the city truck with the sewer cleaner this morning. Did a really great job. And um I'm not smelling them anymore. Hopefully my neighbors can all stay the same. So um thanks to him. But um I would just like to reiterate that if we could spend some more time, I have suggested time and time again, it would be really really helpful if we could sit down and do regular monthly, quarterly, whatever roundts with residents of various neighborhoods. Um you know, I live in the historic district. That's the neighborhood on which this city was founded. And I feel like we spend no time ever discussing it. And that's just one problem. Thankfully, a resolved one, but it is one problem of many that we have in our neighborhood. So, thank you for your time and have a good night.

Thank you. Hi, I uh once again my name is Cherabel Lob and I want to say that while I appreciate the city council, I am very disappointed. You don't set up a bear trap without expecting to catch something. You don't take the first step of flight up a flight of stairs without planning to continue to walk up it. Everything with item 11 is something that could be revisited in the future. Why set in motion something to possibly build the center when it is something people are continuously saying they don't want? It's not just something that's being said here in the council room. It's being said online. It's being said online. It's being said all over town. You're hearing it in coffee shops. You're hearing it in stores. It's something that is being said by the public. It's something being screamed by the environment. So, while I appreciate the council, I am very disappointed tonight. Thank you.

Thank you. Anyone on the phone? 702 5899629. Public comment. Go ahead.

Yes. My name is David Ellert and I'd like to comment on agenda item number 11. I'm very disappointed in the city staff and with the council on your comments that were made during that item. Um especially um when the comment was about the number of people who came to comment. Um I wish that you would not have voted for this. I wish you would have waited till the ballot question number one in November. Um I think you're looking at it for the wrong reasons and I'm really disappointed that you went to um move to move it to the land management process. If the citizens don't want something um this is like the 8020 issue at the national level. If you're only hearing from the people who don't want it, that means that and there's no one mentioning that they want it, maybe you should listen to the citizens of the city. Thank you.

Thank you. There's another one. Go ahead on the phone. Public comment. Go ahead.

Yes. Hello. This is Kathleen McGary calling back briefly. I just want to thank everyone there present and the council for what I feel was a wonderful informative meeting. That said about agenda item 11, you know, we know we know already that there is a great deal of money at stake here. I believe the amount was quoted as one over $1 billion in pro potential profit has been has been mentioned over the course of 70 years as we move forward in good faith because I felt that councilwoman Ashurst had wonderful points about the dam being questioned about cars being criticized. I realize that everyone will examine this, but we must understand that people will doubt. They will think that the amount of money to gain will guide the decisions and we trust in good faith that that won't happen. And I thank you all very much. Uh again, your work just wonderful. Thank you. Bye-bye.

Thank you. Anyone else on the phone? 702 5899629. Anyone here in chambers? Evening again, mayor, council, staff, ladies and gentlemen. Um again, just in reference to agenda item 11, the data centers, um I'd like to applause uh applaud um council member Asharst for um for her many points um and you know, reasonably throwing out there that there's been many doubters for many different things throughout history. Um I think what has become apparent in today's day and age at least um in response to data centers is they don't seem to um help. There is a lot of money to be made. You know the rule is always follow the money and you'll figure it out. Um but I think given today's limitations of um technology and that's not to say that you know 3 years down the line 10 years down the line 20 years down the line you know the data center that we discussed tonight might fit in something the size of this room perhaps the size of a phone who knows um but I think given today's reality for data centers and and our limited resource that we have here in Boulder City. Um I I I don't think as Miss Asher had had stated, we could say yes tonight and no down the road. Maybe we should stick with the no today and the yes down the road when technology

evolves a little further so that we're not um um taxing our limited resource at this point in time um to further down the line. There's no reason that this can can't be revisited. Obviously, it's been floated out there or otherwise we wouldn't be talking talking about it tonight. Um, and I really think that uh the council has missed an opportunity to make it clear that you are listening to your citizens um by by furthering this down the down the road and who knows if it's ever going to end up anywhere. What you basically blanketly stated is that all these people that have gotten up here and and nobody's come to the podium and said anything positive about a data center tonight or in the last meeting um when a lot of people spoke. Um and I I just don't I just don't get it. I'm a little sad to be honest. But um Mr. Walton, you you spoke of our of our economic engine. Uh we are a historic city. Um, we're a tourist town. That is our economic engine. And while it won't make billions of dollars for us, we do have resource that we can use as in solar fields and all those other things. We don't really need a data center that nobody wants at this point. Thank you very much.

Thank you. 7025899629. Anyone on the phone? Anyone in chambers? Seeing no one in chambers and no one on the phone, we will close public comment and go to city council's report. Start with Councilwoman Ashertz.

Thank you, mayor. I just uh like to echo um Miss Kathleen McGertis, I think that's how she pronounced her last name, that uh tonight was very uh fruitful in working through this is what we do. We work through these issues. We do listen. I think everyone on this council listens to our community. Um I am available every Tuesday to talk with anyone and to further discuss. But I think that um again like Mr. May said any issue that we talk about is a council in the community. It doesn't matter if 500 people were here tonight with yay or nay. We still should work through. That's our job to work through. That's what we were elected for, to hear what you have to say and then not always just give an answer of yes or no, but to debate. And I think that's a lack of what we have in our country. just just back and forth to talk to each other and decide what we what the conclusion is going to be on any topic. Um while data centers and other things are hot topics and there'll be something else after data centers, it's still fruitful to sit down and talk about it. It may come out to be nothing. That's fine. But I think everybody has a voice and everybody should be heard. We live here in Boulder City. I do. And when I make a decision, I make a decision not only for the people that live here, but also for myself. I I live here. I want to see the best for Boulder City. So, anything that me personally, whether I vote yay or nay, it's going to be well thought of. It is going to take some time maybe to think it think it through, but um just to um not saying be pressured into a yes or a no. I will never, but I will always be available to talk to. And that's all I have. Thank you, Mayor.

Thank you. I too would like to thank everybody that sends me a letter or speaks out at the city council because I know it's nerve-wracking to stand over there. So, I just want to let you know that I do appreciate you and I do listen. Um, I serve on the main street uh committee which we discuss how to bring people downtown uh with the chamber and work for grants and things like that to to make the city flourish. And I truly believe that without Main Street, we wouldn't have a city here in Boulder City. There wouldn't be a reason to come have lunch or things like that without a wonderful Main Street that we have. But there's a couple things coming up and one of them called Shine Boulder City. We're going to clean all the statues in Boulder City and it's going to start April 18th at 8:00 in the morning. So I'm looking for everybody to show up and help us shine up those statues. The next one that they're going to have is going to be I think is wonderful. It's going to be dinner on the Avenue which will be uh they're going to set ch um tables out. There should be enough for 100 people and it's going to be from Nevada Way down Arizona and it'll be underneath all the lights that are already out there. And uh you can reserve your reservation for $100 and you're going to be fed and entertained and it's going to be celebrating the our 250th year. So, uh, any other information you'd like to have, just hop on the chamber website and they'll help you with that. And I hope I see everybody there. And that's what I have there.

Thank you. Thank you.

Just want to wish um the EABC happy birthday, 60 years as an actual nonprofit, which is extremely amazing. But um before that even 1930 helping people here in Boulder City and I think that says a lot about our community and if we started that way that we continue that way. So, um I wanted to say that last night I had the opportunity to go to Clark County School District's night of excellence that was celebrating teachers, administrators, and um support staff that have done a remarkable job have been recommended by those that they work with as exceptional. And one of our own teachers um was received an award. So, uh Jan Croll and just wanted to say thank you to all the teachers in our community do a great job. Thank you.

As far as committees go, I don't have any updates there. Um, echo what's been said here, emergency aid and and all the other things. I did buy tickets for the dinner for the Main Street uh big uh dinner festival. So, I'm looking forward to that. It'll highlight all of our restaurants and excited about that. and uh sincerely do appreciate all that uh provide the the thought and the time and the energy to send emails, to make phone calls, to show up and to give their comment. All are valued and listened to and uh then we have the hard work of making decisions and appreciate all the involvement. Thank you, mayor.

Thank you. I appreciate the council. I think we have uh shown very uh good discussions tonight. I appreciate the participation and uh the measured comments that were made. I appreciate uh the staff how we've been able to listen and learn and appreciate the people who have participated as citizens. We we live in a unique community and I think all of us are been very blessed to be here. Uh with that I will adjourn the meeting. Thank you.

Well, I won't get voted back in again. What's that? that I won't get voted back in