1 00:00:00,000 --> 00:00:01,160 All right. 2 00:00:04,560 --> 00:00:32,720 All right. Notice it's here by given that the Logovista City Council, it's holding a regular session on Thursday, February 16th, 2023, beginning at 5.30 p.m. with executive session in city council chambers, 503 Thunderbird, Logovista, Texas, as prescribed by government code section 551.041 to consider the following agenda items. Lucy, please note, we have all of our members in attendance, except for Lane. 3 00:00:37,760 --> 00:00:44,880 We will convene into a closed executive session pursuant to a consultation with legal counsel 4 00:00:44,880 --> 00:00:50,580 concerning all regular meeting agenda items requiring confidential attorney, client, 5 00:00:50,760 --> 00:00:51,700 advice. 6 00:00:51,980 --> 00:00:52,940 This is as needed. 7 00:00:53,640 --> 00:01:01,520 This is under government code section 551.071 b consultation with legal counsel regarding the 8 00:01:01,520 --> 00:01:03,560 We water treatment plant three property. 9 00:01:04,420 --> 00:01:13,520 This is under government code section 551.071, Advice of Council, and government code section 551.072, 10 00:01:13,520 --> 00:01:18,040 real property, and we convene at 531 p.m. 11 00:01:20,440 --> 00:01:20,940 Go return. 12 00:01:26,490 --> 00:01:26,670 All right. 13 00:01:26,810 --> 00:01:29,590 We reconvene from recess in the open session. 14 00:01:30,650 --> 00:01:35,930 We will act as deemed appropriate in City Council's discretion regarding two items. 15 00:01:35,930 --> 00:01:43,890 A, Constitutional Legal Council, during our executive session, we had some advice provided 16 00:01:43,890 --> 00:01:51,210 by our legal council regarding our agenda item number seven, which is the Bunker Bar and 17 00:01:51,210 --> 00:01:54,770 Grill agenda item. 18 00:01:55,290 --> 00:02:00,170 And then B, Constitutional Legal Council regarding the Water Treatment Plan number three. 19 00:02:00,950 --> 00:02:06,750 In that discussion, we have decided to enter into the, we have signed a letter of engagement 20 00:02:06,750 --> 00:02:11,790 with the Chapman firm to represent the City of Logo Vista. 21 00:02:12,690 --> 00:02:18,970 All right, so, Actors deemed appropriate, City Council's discretion regarding A, consultation 22 00:02:18,970 --> 00:02:28,450 with legal counsel, no action, and B, consultation with legal counsel regarding the water treatment 23 00:02:28,450 --> 00:02:35,550 plant number three. No action. All right. We will now move into the open session part of our meeting 24 00:02:36,310 --> 00:02:40,490 and we will start with our pledge allegiance to the U.S. and the Texas flag. 25 00:02:40,970 --> 00:02:41,410 The 26 00:02:45,630 --> 00:02:51,070 U.S. flag. A pledge allegiance to the flag of the United States of America. 27 00:02:51,690 --> 00:02:58,650 And to the Republic for which it stands, one nation regardless of the liberty and justice for all. 28 00:02:58,650 --> 00:03:09,010 Now the Texas flag, honor the Texas flag of the Texas one state under God, one and indivisible. 29 00:03:11,400 --> 00:03:12,060 You may be seated. 30 00:03:13,260 --> 00:03:14,020 And 31 00:03:18,310 --> 00:03:28,250 we start with citizen comments and accordance with the open meetings that council is prohibited from acting or discussing other than factual responses to specific questions. 32 00:03:28,250 --> 00:03:36,530 any items not on the agenda and I have one citizen who has signed up to speak 33 00:03:36,530 --> 00:03:42,770 during this section and so at this time I will recognize Ms. Lisa Shaw. 34 00:04:21,730 --> 00:04:28,050 It's my three minutes going now. A Monday and E with antenna capital developer for 35 00:04:28,050 --> 00:04:33,750 Turnback Ranch Development. Present to the chamber members his presentation. 36 00:04:33,750 --> 00:04:36,490 and pointing out two locations on his map, 37 00:04:37,410 --> 00:04:41,690 where he's gonna be paying for the first sewer lift station 38 00:04:42,230 --> 00:04:46,310 near Chisera and for the second sewer lift station 39 00:04:46,310 --> 00:04:47,330 in Pesaydebacca. 40 00:04:47,650 --> 00:04:49,930 It's come to the citizens' attention 41 00:04:49,930 --> 00:04:53,230 that the city of Lakewood and Colorado 42 00:04:53,710 --> 00:04:56,210 also work with Andy of Intura Capital 43 00:04:56,210 --> 00:05:00,150 on a development called Red Rock Center for RC. 44 00:05:00,150 --> 00:05:06,430 In this scenario, it appears from videos of city council meeting and supporting documents 45 00:05:06,430 --> 00:05:14,490 of bankruptcy audits, and that the citizens had great concern about Ventura capital's 46 00:05:14,490 --> 00:05:20,630 conflict of interest and self-gilling regarding sewer and water to the new development. 47 00:05:21,250 --> 00:05:28,070 The players in this scenario were Mt. Carbon Water and sanitation districts, which Andy was 48 00:05:28,070 --> 00:05:35,590 board member, Red Rock Center, RCC Metro District, which Andy was also a board member, 49 00:05:36,330 --> 00:05:44,590 Ben Tena, Capitol, the private developer of Red Rock, which Andy is a partner and a player 50 00:05:44,590 --> 00:05:51,730 owner, whatever. So you see the pattern. You have a developer, Ben Tena, that runs Mount 51 00:05:51,730 --> 00:05:57,570 carbon water and sanitation district, as well as the RRC Metro District. 52 00:05:58,790 --> 00:06:05,130 Andy Underoth made a presentation to Jeff Co. Planning Commission stating that he had 53 00:06:05,130 --> 00:06:13,450 a will serve letter for Mt. Carbon, promising to provide water and sanitation services to 54 00:06:13,450 --> 00:06:14,210 the development. 55 00:06:14,210 --> 00:06:22,410 stating under oath that Mt. Carburn was financially stable without divulging its poor financial conditions. 56 00:06:23,270 --> 00:06:27,850 So what they did is decide to give themselves a will-served letter. 57 00:06:28,590 --> 00:06:33,470 If this is all true, which it appears to be, this is what's called a conflict of interest, 58 00:06:34,130 --> 00:06:40,070 a sham relationship, a private company owning a government, a city, literally. 59 00:06:40,070 --> 00:06:46,890 map carbon foul bankruptcy twice and now the citizens are currently paying up to 20 million 60 00:06:46,890 --> 00:06:52,950 per map carbon's debt plus the developer's debt up to their eyeballs and debts to the 61 00:06:52,950 --> 00:06:57,750 tune of $287,000 in one year alone. 62 00:06:59,240 --> 00:07:05,710 The citizens of the city of Lakewood appear to have had when it was all said and done $120 63 00:07:05,710 --> 00:07:09,690 million dollar in debt before they ever mowed their lawns. 64 00:07:10,630 --> 00:07:15,850 If the actions have been ten and other players with the City of Lakewood, Colorado are true, 65 00:07:16,430 --> 00:07:19,010 it deserves your utmost attention. 66 00:07:19,910 --> 00:07:25,910 The citizens respectfully ask that the developer not be allowed to own or operate its own sewer 67 00:07:25,910 --> 00:07:31,750 and water facilities, and the building of turnbacks to sewer lift stations. 68 00:07:32,590 --> 00:07:33,510 Thank you guys. 69 00:07:33,750 --> 00:07:34,830 I really appreciate it. 70 00:07:34,830 --> 00:07:45,930 I've put the link to the Rooney Valley News, the Chief Editor, John Henderson, and the City of Lakewood, Jefferson County. 71 00:07:46,630 --> 00:07:46,990 Thank you. 72 00:07:47,250 --> 00:07:47,870 All right, thank you. 73 00:07:53,420 --> 00:08:02,780 We now go into items of community interest, pursuant to Texas Government Code Section 551.0415. 74 00:08:03,060 --> 00:08:06,520 The City Council may report on any of the following items. 75 00:08:06,520 --> 00:08:10,360 A, expression of thanks, gratitude, and condolences. 76 00:08:10,820 --> 00:08:17,900 B, information regarding holiday schedules, recognition of individuals, reminders regarding 77 00:08:17,900 --> 00:08:23,300 city council events, reminders regarding community events, health, and safety announcements. 78 00:08:23,980 --> 00:08:25,800 And I will lead it off here. 79 00:08:26,640 --> 00:08:34,240 First of all, city hall will be closed Monday the 20th for President State. 80 00:08:37,280 --> 00:08:47,740 second. North Shore Pet Parade and Costume Contest. This is the second annual. If you did not 81 00:08:47,740 --> 00:08:54,760 attend last year, it is quite fun. Saturday, March 4th, beginning at 12 o'clock. That is a 82 00:08:54,760 --> 00:09:01,340 green shore park. If you don't know what green shore park is, it is next to the Logo Vista Golf Club. 83 00:09:01,340 --> 00:09:06,860 Well, of course, right there are green shores, right by whatever hold that is. 84 00:09:07,000 --> 00:09:07,960 I don't know what hold that is. 85 00:09:09,260 --> 00:09:10,400 Nine or 18. 86 00:09:10,740 --> 00:09:11,480 Nine or 18. 87 00:09:11,640 --> 00:09:12,720 18 of the driving range. 88 00:09:13,420 --> 00:09:13,500 Yes. 89 00:09:13,940 --> 00:09:14,120 All right. 90 00:09:15,660 --> 00:09:22,480 There's information that is going around regarding the Pet Parade and Costume Contest. 91 00:09:23,040 --> 00:09:29,340 Last year they raised $4,000 for the Rescued Network. 92 00:09:29,340 --> 00:09:39,560 during this contest. There are prizes, best pet and owner combo, most creative, most 93 00:09:39,560 --> 00:09:46,720 hilarious, and the best of the rest, just pets other than dogs. So I don't know we 94 00:09:46,720 --> 00:09:51,360 may see chickens, that's the only thing that's allowed, cats. 95 00:10:01,740 --> 00:10:10,040 We don't allow 96 00:10:10,040 --> 00:10:18,140 belly pig or a goat or something in a costume and an owner that matches. Refreshments. 97 00:10:19,060 --> 00:10:26,880 The Lions Club is selling hot dogs and drinks. You can get raffle tickets. You can get one 98 00:10:26,880 --> 00:10:30,380 of these but these on our side are we sharing this at all? 99 00:10:34,120 --> 00:10:37,480 So there you go. You can buy raffle 100 00:10:37,480 --> 00:10:42,100 tickets that are five dollars each. They had some really nice prices last year. 101 00:10:42,100 --> 00:10:48,120 I think one of the prices this year is some artwork that's valued at about $800. 102 00:10:50,100 --> 00:10:56,580 From a local artist, there's a QR code that you can scan, do all this, you can even just 103 00:10:56,580 --> 00:10:59,300 make a donation if you would like to. 104 00:11:00,080 --> 00:11:08,200 So the North Shore Peparating Costume Contest, let's see, North Lake Travis Chamber of Commerce, 105 00:11:08,200 --> 00:11:15,720 First, excellent news, City of Lagavista will host the 31st annual La Primavera bike race 106 00:11:15,720 --> 00:11:21,980 March 4th and 5th, 2023. This year we're making something new out of something traditional. 107 00:11:22,360 --> 00:11:27,760 For the first time they will provide a coupon, flyer or coupon, however you want to say it. 108 00:11:28,160 --> 00:11:32,940 In each of the race packets distributed to race participants, bikers come from different 109 00:11:32,940 --> 00:11:39,480 States and countries to participate in the La Prima Veda bike race and they need to eat by 110 00:11:39,480 --> 00:11:45,180 supplies, fine souvenirs to take home, etc. Perfect opportunity to bring new customers into your 111 00:11:45,180 --> 00:11:52,280 business and showcase all North Shore all the North Shore offers visitors. For more information, 112 00:11:52,500 --> 00:11:58,740 contact the Chamber. The North Lake Travis Chamber of Commerce would also like to announce they are 113 00:11:58,740 --> 00:12:05,520 taking ads for the 2023 Community Guide. The guide is circulated to over 114 00:12:05,520 --> 00:12:09,280 9,700 customers in Lagovista Point, Venture, and Jones Town. 115 00:12:10,040 --> 00:12:13,680 Former railway information can also contact the chamber. 116 00:12:14,560 --> 00:12:24,740 And the North Lake Hope Center would like to say a big thank you to the 436 volunteers that 117 00:12:24,740 --> 00:12:32,360 gave over 5,000 hours of their time in 2022. The crisis team was able to provide short-term 118 00:12:32,360 --> 00:12:39,120 assistance to over 500 local residents, totally in over $50,000 including assistance for housing, 119 00:12:39,360 --> 00:12:45,060 transportation, medical, et cetera. Thanks to local businesses, churches, organizations, 120 00:12:45,060 --> 00:12:52,020 and individuals, they received $12,000. Our counseling team provided treatment, 121 00:12:52,020 --> 00:12:58,020 Their counseling training provided treatment to 92 clients, including children, youth couples, 122 00:12:58,300 --> 00:13:04,580 individuals and families. 200 students received backpacks, suitable school supplies at their 123 00:13:04,580 --> 00:13:12,160 back to school bash event, where 65 volunteers passed out backpacks provided eye exams and haircuts. 124 00:13:13,100 --> 00:13:17,980 On November 6, they held the first annual big event, a one-day community service event, 125 00:13:17,980 --> 00:13:28,260 Where they served 32 homes on the North Shore with the help of over 300 volunteers, 26 business partners that donated $60,000. 126 00:13:29,000 --> 00:13:36,260 So very nice, very nice work by the North Lake Hope Center and their volunteers. 127 00:13:40,180 --> 00:13:52,280 upcoming Council event begins on Friday, February 24th, from 9 a.m. to 5 p.m. and it continues 128 00:13:52,280 --> 00:14:00,340 as needed on Saturday, February 25th, from 9 a.m. to noon and this is an open public meeting. 129 00:14:00,340 --> 00:14:09,080 the council will be holding their strategic, the fiscal year 2023 work plan and 2024 work plan 130 00:14:10,260 --> 00:14:13,900 strategic planning workshop upcoming council event. 131 00:14:16,820 --> 00:14:19,780 Before I get to my last one is 132 00:14:22,600 --> 00:14:22,780 there 133 00:14:24,000 --> 00:14:29,640 anything else anybody anything that yes sir. Thank you miss. Did you mention Cassino and I did 134 00:14:29,640 --> 00:14:39,080 to do? No, I did not. You see it on I, Saturday, February 25th at K-Oaks, and on the women's 135 00:14:39,080 --> 00:14:44,940 guild of St. Mary's, welcomes everyone who's interested to let's get social. Monday, 136 00:14:45,000 --> 00:14:49,720 February 20th, 7pm in the pack, find ways to get involved and meet other women in the 137 00:14:49,720 --> 00:14:54,940 parish, bring an appetizer or dessert to share, bring your own beer, bring a friend. See 138 00:14:54,940 --> 00:14:56,420 you, Catholics. 139 00:15:04,430 --> 00:15:12,790 Raquel Welch, aye. I was sad. Okay, shot in here. Yes, sir. Thank you, Mayor. The Lions held their 140 00:15:12,790 --> 00:15:15,850 chili feces past Saturday, and I just wanted to thank everybody who came out and supported 141 00:15:15,850 --> 00:15:19,810 that event. And then this coming Saturday, a couple days away, we've got the blood drive 142 00:15:19,810 --> 00:15:23,630 down at CVS, and if you want to sign up, there's still some spots. And you can go to the 143 00:15:23,630 --> 00:15:26,410 Logo Vista Lions Facebook page and get information about that. 144 00:15:30,760 --> 00:15:32,300 And Shilane is not with us tonight. 145 00:15:32,300 --> 00:15:37,280 So we don't have any school updates, sorry. 146 00:15:37,740 --> 00:15:38,420 Anybody else? 147 00:15:38,500 --> 00:15:38,760 Yes sir? 148 00:15:39,080 --> 00:15:39,360 No one. 149 00:15:40,620 --> 00:15:44,420 And it's come to light to me, so I figured I'd pass it on. 150 00:15:46,080 --> 00:15:53,140 On our website, if you go to four residents and then public safety alerts, 151 00:15:53,360 --> 00:15:58,460 it'll take you to the Warren Central Texas organization where you can input your phone numbers, 152 00:15:59,200 --> 00:16:04,360 landlines, cell phones, put them all in there because that's where the reverse 9-1-1s come 153 00:16:04,360 --> 00:16:09,360 from, so you get alerted of any emergency situation in town. 154 00:16:12,810 --> 00:16:14,230 Just thought that was handy 155 00:16:14,230 --> 00:16:18,730 and I didn't know it was there and I didn't know it would do the landlines. So, 156 00:16:22,180 --> 00:16:23,320 tip, tip. 157 00:16:23,780 --> 00:16:27,120 Anybody else? Does anybody in the audience have anything they would like to share with us? 158 00:16:27,120 --> 00:16:27,900 All 159 00:16:30,050 --> 00:16:38,010 right, so I announced at our last meeting that February is Black History Month, and 160 00:16:38,010 --> 00:16:39,630 I told you I would have more to come. 161 00:16:40,330 --> 00:16:42,610 So tonight I have a proclamation, 162 00:16:44,740 --> 00:16:46,220 and I will share that with you. 163 00:16:46,800 --> 00:16:51,780 It says City of Logovista Proclamation, Black History Month 2023. 164 00:16:53,260 --> 00:16:59,260 Whereas during Black History Month, we celebrate the many achievements and contributions made 165 00:16:59,260 --> 00:17:07,080 by African-Americans to our economic, cultural, spiritual, and political development, and whereas 166 00:17:07,080 --> 00:17:16,580 Black History Month grew out of the establishment in 1926 of Negro History Week by Carter G. Woodson 167 00:17:16,580 --> 00:17:23,620 and the Association for the Study of African-American Life and History. And whereas the observance 168 00:17:23,620 --> 00:17:30,440 of Black History Month calls to our attention, calls our attention to the continued need to battle 169 00:17:30,440 --> 00:17:37,100 racism and build a society that lives up to its ideals. And whereas the City of Logovista 170 00:17:37,100 --> 00:17:42,400 continues to work toward becoming an inclusive community in which all citizens, 171 00:17:42,960 --> 00:17:48,980 past, present, and future are respected and recognized for their contributions and potential 172 00:17:48,980 --> 00:17:55,440 contributions to our community, the state, the country, and the world, and whereas the City 173 00:17:55,440 --> 00:18:00,180 of Logovisa is proud to honor the history and contributions of African-Americans in 174 00:18:00,180 --> 00:18:03,180 our community throughout our state and nation. 175 00:18:03,960 --> 00:18:10,540 Now therefore, I, Mayor Ed Tedwell, of the City of Logovisa, Texas, and recognition of African 176 00:18:10,540 --> 00:18:18,780 and Americans past and present in our community do hereby proclaim February 2023 to be Black 177 00:18:18,780 --> 00:18:25,640 History Month. I encourage all citizens to celebrate our diverse heritage and culture and 178 00:18:25,640 --> 00:18:32,260 continue our efforts to create a world that is more just, peaceful and prosperous for all. 179 00:18:33,040 --> 00:18:40,500 In witness we're up I hear on to set my hand and call us the official seal of the City of 180 00:18:40,500 --> 00:18:45,320 this 16th day of February, 2023, Ed Tidwell mayor. 181 00:20:20,870 --> 00:20:21,510 All 182 00:20:32,070 --> 00:20:37,430 right, that is all that I believe we have for the items of community interest tonight. 183 00:20:37,730 --> 00:20:39,790 So we're going to move into staff. 184 00:20:43,210 --> 00:20:47,670 Oh, there's donuts with bets on the 24th. 185 00:20:47,670 --> 00:20:48,450 Oh, that's right. 186 00:20:48,630 --> 00:20:48,930 Yes. 187 00:20:49,170 --> 00:20:49,830 Thank you. 188 00:20:49,830 --> 00:20:53,490 That's Smiling Donuts. Smiling Donuts on Loman Ford. 189 00:21:00,070 --> 00:21:03,630 All right, so staff and council liaison reports. Let's see. 190 00:21:22,780 --> 00:21:23,320 Yeah. 191 00:21:28,530 --> 00:21:31,150 No, I don't know what to do with my paper. Oh, okay. 192 00:21:32,390 --> 00:21:33,330 There it is. 193 00:21:38,430 --> 00:21:42,250 So number one, routine reports from city staff says 194 00:21:45,200 --> 00:21:48,260 I'm the lead, but I don't know what staff has to report. 195 00:21:49,320 --> 00:21:51,240 You have two reports. 196 00:21:51,240 --> 00:21:57,660 All right. Section is used for routine reports provided by staff regarding their respective 197 00:21:57,660 --> 00:22:04,420 departments. Is that these here? Oh, I thought they would be under number one. All right. 198 00:22:04,760 --> 00:22:10,520 So the first one, annual police department, racial profiling report, and I will welcome 199 00:22:10,520 --> 00:22:16,260 chief Gary Boe Shears. Thank you, Mr. Mayor and members of Council. So you have in your 200 00:22:16,260 --> 00:22:22,780 packet, the 2022 annual Racial Profiling Report for the police department is prepared 201 00:22:22,780 --> 00:22:28,600 by Delcarbon Consulting, that's a company that we contract with, to not only prepare 202 00:22:28,600 --> 00:22:33,660 the report, but to perform an analysis of the data that the police department submits 203 00:22:33,660 --> 00:22:38,720 to them and to provide some outside verification to you, the counsel and to our citizens 204 00:22:38,720 --> 00:22:43,020 that we are complying with all elements of the Racial Profiling Law. 205 00:22:43,020 --> 00:22:45,900 So again, you have the complete report in your packet. 206 00:22:46,100 --> 00:22:50,840 I would draw your attention to page 26 of the report, page 41 207 00:22:50,840 --> 00:22:51,480 in your packets. 208 00:22:52,020 --> 00:22:56,020 Just the last paragraph with Dr. Del Carman's conclusions 209 00:22:56,620 --> 00:22:59,620 where it states the comprehensive data analysis included 210 00:22:59,620 --> 00:23:02,820 in this report serves as evidence that the log of VISTA police 211 00:23:02,820 --> 00:23:06,980 department has complied with the Texas racial profiling law 212 00:23:06,980 --> 00:23:08,640 and all of its requirements. 213 00:23:10,080 --> 00:23:15,580 additional requirements under the law of the state is that this report has to be submitted 214 00:23:15,580 --> 00:23:19,940 to the governing body of the municipality and to the Texas Commission on Law Enforcement 215 00:23:19,940 --> 00:23:24,840 before March 1st, so we're taking care of submitting it to the council tonight. 216 00:23:25,060 --> 00:23:28,880 I submitted it to the Texas Commission on Law Enforcement last week. 217 00:23:29,380 --> 00:23:34,100 It doesn't require any action from the council, it just has to be submitted to you, but I'm 218 00:23:34,100 --> 00:23:36,540 available for any questions you might have regarding it. 219 00:23:36,540 --> 00:23:47,720 all right thank you any questions comments just thanks I don't really have any 220 00:23:47,720 --> 00:23:53,920 question but will this be on our website or anyone for the citizens to view 221 00:23:53,920 --> 00:23:58,780 yes sir we can get it on the website definitely okay thank you yes sir 222 00:24:04,120 --> 00:24:05,080 next 223 00:24:05,080 --> 00:24:12,600 report of first quarter of fiscal year 2022 2023 which is October 1 224 00:24:12,600 --> 00:24:18,780 22 through December 31st, 2022 financials. 225 00:24:21,490 --> 00:24:23,770 I have Star Lockwood as the lead. 226 00:24:29,080 --> 00:24:37,620 Hello, everyone. The financial part starts on page 87 of the packet. If anybody has their packets at home or in the audience, whatever. 227 00:24:38,500 --> 00:24:46,960 The city's in the best financial condition we've ever been in at this point. All of the accounts are up as far as our investment accounts and 228 00:24:46,960 --> 00:24:52,120 And speaking specifically to that quarter, we've got some ups and downs. 229 00:24:52,920 --> 00:24:56,880 General fund overall is up and it's got high points. 230 00:24:57,140 --> 00:25:03,780 The property taxes, the sales taxes, some of the franchise fees are up, others are not. 231 00:25:04,420 --> 00:25:08,440 Development services is down and I'm just going to take a very high look at everything. 232 00:25:09,040 --> 00:25:14,440 Aviation revenues down, but partially that's partially due to there was some vandalism to 233 00:25:14,440 --> 00:25:15,240 our fuel farm. 234 00:25:15,240 --> 00:25:33,920 And I think I don't know if Chris is in the audience but we were without the fuel farm for over a month maybe six weeks before that we could get that part replaced so that took a big hit there utility revenue down is down overall but the building for water and sewer services is about 120,000 235 00:25:33,920 --> 00:25:37,560 between the two is the extensions and taps that are down. 236 00:25:38,620 --> 00:25:42,120 And impact fee revenue is down about $200,000. 237 00:25:43,080 --> 00:25:45,540 And then the golf course, for that quarter, 238 00:25:45,780 --> 00:25:48,860 we are substantially down compared to last year, 239 00:25:48,900 --> 00:25:51,580 actually compared to all years prior since 2008, 240 00:25:51,680 --> 00:25:52,860 when the city purchased the course. 241 00:25:52,860 --> 00:25:54,160 It's our lowest quarter ever. 242 00:25:55,060 --> 00:25:57,280 So that's just some things I wanted to note. 243 00:25:58,120 --> 00:26:01,040 Expenses for all of the budgets are within line. 244 00:26:01,040 --> 00:26:05,200 slide variances on some of them are due to, we've paid one time things, 245 00:26:05,480 --> 00:26:10,340 liability insurance is paid in October for the whole year. Equipment is ordered. 246 00:26:11,060 --> 00:26:15,060 The vehicles are ordered so there's a little bit of variance there but mostly 247 00:26:15,060 --> 00:26:19,580 it's all in line. The one thing that I would like to point out is between 248 00:26:19,580 --> 00:26:24,540 the 182,000 that were down in development services and all the permitting. 249 00:26:25,000 --> 00:26:29,220 The 200,000 that were down in impact fees and the other 200,000 250 00:26:29,220 --> 00:26:35,780 ish that we're down in the water and sewer extensions and taps do show that we're starting 251 00:26:35,780 --> 00:26:42,180 to go into a pretty big trend to the growth is not here anymore is we may rebound later 252 00:26:42,180 --> 00:26:48,800 in the year and it doesn't look like it on the bigger economic scale but um just wanted to put 253 00:26:48,800 --> 00:26:55,780 put that out there then's just some little FYI's that you all might enjoy we officially paid off 254 00:26:55,780 --> 00:27:00,960 from February 8th of 2011 bond. So that's a big woohoo. We don't have that on the 255 00:27:00,960 --> 00:27:08,660 market or fight anymore. As of January 31st, we had collected 8 million of the 9.5 million 256 00:27:08,660 --> 00:27:14,420 that we had thought we would collect on the property taxes. So we were at about 85-86% 257 00:27:14,420 --> 00:27:21,240 collection rate as of January 31st. That alone has helped us be able to get our general 258 00:27:21,240 --> 00:27:25,880 Fund Reserve account. As of yesterday, we were able to move another 500,000, so we're 259 00:27:25,880 --> 00:27:32,680 back at 4.3 million instead of 1.8. I think we got down to and we moved 500,000 yesterday 260 00:27:32,680 --> 00:27:37,680 on utility reserve, which puts us right at 12 million dollars. So those are all good 261 00:27:37,680 --> 00:27:43,700 positive things. I've got lots of data over here and here if anybody has specific questions, 262 00:27:43,700 --> 00:27:46,900 I know you had some earlier. Did you get your questions answered? 263 00:27:47,540 --> 00:27:52,700 Yeah, a couple of questions and comments, actually, so the staff report preamble here, I 264 00:27:52,700 --> 00:27:53,460 feel very helpful. 265 00:27:53,760 --> 00:28:02,300 I've been, you know, as I look at the monthly finance report, I'm always trying to get 266 00:28:02,300 --> 00:28:03,960 key messages going through that. 267 00:28:04,180 --> 00:28:09,640 And I think this staff report probably is the best one yet in terms of providing key messages. 268 00:28:09,940 --> 00:28:12,240 So thank you for that, and it's a good stuff. 269 00:28:13,780 --> 00:28:29,280 The question comment that I had that you referred to, I had seen it earlier in the day about some of the services line items and there's several departments that have large service item budgets that have spent very little of that. 270 00:28:29,400 --> 00:28:36,840 And so my question which I did receive an answer to was, are we going to spend that? 271 00:28:37,420 --> 00:29:06,560 There's quite a bit, and I think, for the most part, the service is money that has not been spent, there's still a plan to spend it, as my understanding, with the one exception that we had put a $250,000 services line item in for transportation in the scenario where we, the citizen of motor to get out of cap matter, so that's one that, for council of citizens benefit, that $250,000 doesn't have a plan to spend at this point. 272 00:29:07,200 --> 00:29:10,920 And so presumably city manager at some point will either come back and say we're not going 273 00:29:10,920 --> 00:29:16,660 to, you know, just going to throw that back into the fund, the general fund, or she may 274 00:29:16,660 --> 00:29:19,240 ask us to spend on something else, or something else comes up. 275 00:29:19,960 --> 00:29:21,220 But for the most part, that all it should. 276 00:29:21,580 --> 00:29:25,680 And then the one other comment that I will make, just looking at the, for people who look 277 00:29:25,680 --> 00:29:31,320 at the monthly reports and development services report, always shows the number of new permits. 278 00:29:31,320 --> 00:29:39,680 And to put in context, the last two or three years, we've been running around 400 building permits per year. 279 00:29:40,200 --> 00:29:42,760 Last year, last two years it was over 400. 280 00:29:43,240 --> 00:29:48,220 In the first quarter of this year, which is what the reports go to, we've had 41. 281 00:29:49,080 --> 00:29:57,120 So in three months, this fiscal year, we've done what previously had been happening pretty much every month before that. 282 00:29:57,500 --> 00:29:59,600 And so that kind of puts it... 283 00:30:16,720 --> 00:30:29,900 So, it's a pretty significant impact to the plan that we had for the year. And I know as we go through the rest of the year, I'll probably city staff will come back and tell us how we need, how budgeted instruments need to be made to account. 284 00:30:29,900 --> 00:30:41,780 through the changes in incoming revenue associated with that and then also I'm sure in our strategic discussion we'll talk about what that means for planning towards some of the bond funds and spending that we talked about. 285 00:30:46,650 --> 00:30:47,090 Thank you. 286 00:30:47,830 --> 00:30:48,390 Yes. 287 00:30:48,750 --> 00:30:51,290 Start, have we ever had a rainy day fund? 288 00:30:52,470 --> 00:30:58,710 Well the rainy day fund is our reserve fund, so we have a utility one and a general one. 289 00:30:58,710 --> 00:31:05,810 So. Okay. Thanks. That's a good question normally and instead of calling it a rainy day, 290 00:31:05,810 --> 00:31:11,130 there's something called a sustainability fund and that one normally has a policy 291 00:31:11,130 --> 00:31:14,690 in place. It tells you exactly what you're going to spend it on so that you don't just 292 00:31:15,350 --> 00:31:23,410 use that as a place to fund just anything. It's normally specific, like transportation 293 00:31:23,410 --> 00:31:28,450 or whatever the council would like to see. Sometimes you put telephone expenses because 294 00:31:28,450 --> 00:31:31,410 is replacing a telephone system is really expensive. 295 00:31:31,670 --> 00:31:34,370 So it's something that you're continually saving for 296 00:31:34,370 --> 00:31:36,690 with an object in mind to actually spend it on. 297 00:31:37,250 --> 00:31:37,930 Thanks, Tracey. 298 00:31:38,290 --> 00:31:38,370 Mm-hmm. 299 00:31:40,600 --> 00:31:42,940 Man, that leads me to a good deal. 300 00:31:43,160 --> 00:31:45,880 Have you ever seen an emergency fund 301 00:31:46,300 --> 00:31:48,960 that would be utilized for cleanup after storm, 302 00:31:48,980 --> 00:31:50,180 for example, that kind of thing? 303 00:31:50,500 --> 00:31:52,780 Sustainability funds can also be used for that as well. 304 00:31:52,860 --> 00:31:52,920 Okay. 305 00:31:53,260 --> 00:31:55,300 They try not to code them emergency funds 306 00:31:55,300 --> 00:31:58,420 because then you're really defining what that account is for 307 00:31:58,420 --> 00:32:02,820 and sometimes that never happens and sometimes that depletes it and you have no other way of 308 00:32:02,820 --> 00:32:08,780 funding it so they put them in sustainability funds with that being in the policy that you could utilize it for that 309 00:32:08,780 --> 00:32:14,280 but the council would actually have to make a action motion to start spinning the money out of there. 310 00:32:14,860 --> 00:32:17,480 Is that something that we can discuss? Absolutely. 311 00:32:17,980 --> 00:32:22,560 My next question is is that a strict good, is that appropriate for strategic planning or budget? 312 00:32:22,880 --> 00:32:27,540 We actually talked about this during the budget process that this year is a year that I would like to see 313 00:32:27,540 --> 00:32:28,920 if we can actually start that. 314 00:32:29,400 --> 00:32:31,700 So there would have to actually be a designated amount 315 00:32:31,700 --> 00:32:32,820 that we would start with. 316 00:32:33,000 --> 00:32:34,420 And then each year we'd have to make 317 00:32:34,420 --> 00:32:36,380 in our financial policies a commitment 318 00:32:36,380 --> 00:32:38,860 to at least fund up to a certain amount. 319 00:32:39,380 --> 00:32:40,880 So then it continues to save up. 320 00:32:41,340 --> 00:32:41,960 Yep, cool. 321 00:32:45,570 --> 00:32:46,270 Anyone else? 322 00:32:49,650 --> 00:32:50,190 Thank you. 323 00:32:52,110 --> 00:32:55,310 And I'm actually going to skip this next one. 324 00:32:56,750 --> 00:33:02,400 And we're going to move ahead to agenda item number seven. 325 00:33:06,940 --> 00:33:09,280 Discussion, consideration and possible action 326 00:33:09,280 --> 00:33:14,720 regarding the concession services agreement for the bunker bar and grill at the log of east 327 00:33:14,720 --> 00:33:15,700 the golf course. 328 00:33:18,040 --> 00:33:18,520 This 329 00:33:28,190 --> 00:33:29,710 is working now. 330 00:33:30,650 --> 00:33:33,270 All right, I'm sorry, I had to give my community a fixed. 331 00:33:34,090 --> 00:33:38,510 All right, you have anything to you're the lead. 332 00:33:38,630 --> 00:33:40,530 Do you have anything to say before I bring up the. 333 00:33:40,970 --> 00:33:46,150 Yes, sir mayor and council, you actually heard this and its entirety for this concession 334 00:33:46,150 --> 00:33:48,690 and services agreement on January 5th. 335 00:33:48,950 --> 00:33:51,130 Unfortunately, during the presentation 336 00:33:51,130 --> 00:33:53,550 and it was one of those very long evenings, 337 00:33:53,870 --> 00:33:57,210 Mr. Martin's phone actually ran out of juice 338 00:33:57,210 --> 00:33:59,570 so he could not participate in the discussion. 339 00:33:59,710 --> 00:34:01,590 It came back then as a consent agenda. 340 00:34:02,190 --> 00:34:05,630 He has an item that he would like to discuss with you 341 00:34:05,630 --> 00:34:08,690 and that is the opening of times for the bunker. 342 00:34:09,350 --> 00:34:12,630 And so I will turn it back to you. 343 00:34:12,630 --> 00:34:15,450 All right, with that being said, 344 00:34:15,550 --> 00:34:17,130 do you have the floor? 345 00:34:17,510 --> 00:34:19,490 Dustin Martin, Under the Bunker-Barn Grill. 346 00:34:20,970 --> 00:34:23,870 So if you have the contract in front of you 347 00:34:23,870 --> 00:34:26,410 and you can go to number 15, 348 00:34:26,930 --> 00:34:28,130 how is the operation? 349 00:34:28,930 --> 00:34:31,790 It says at a minimum, 350 00:34:31,990 --> 00:34:35,530 the company shall ensure that the concession facilities 351 00:34:35,530 --> 00:34:37,450 are open for business and available to customers 352 00:34:37,450 --> 00:34:38,750 seven days a week as follows. 353 00:34:38,750 --> 00:34:40,270 Monday through Wednesday, nine to four. 354 00:34:41,010 --> 00:34:41,930 Thursday through Sunday, 355 00:34:41,930 --> 00:34:49,230 7.30 a.m. to 4. And then holiday 7.30 a.m. to 4. Right now, we're open 9 a.m. to 9 a.m. 356 00:34:50,710 --> 00:35:00,690 Tuesday through Saturday. And then Sunday 9 a.m. to 5 p.m. The reason we started doing that 357 00:35:00,690 --> 00:35:07,510 is basically from 7 o'clock to pretty much 11 o'clock. There's just no cells in there 358 00:35:07,510 --> 00:35:08,970 because there's no golfers out there. 359 00:35:09,750 --> 00:35:11,710 So we pushed it back to nine o'clock. 360 00:35:11,730 --> 00:35:13,890 We're still in there at nine and we have breakfast tacos 361 00:35:13,890 --> 00:35:15,530 and some things for the golfers, 362 00:35:15,530 --> 00:35:19,230 but if I had to pull myself from even nine o'clock 363 00:35:19,230 --> 00:35:21,010 to 11 o'clock, it might be 15 bucks. 364 00:35:22,030 --> 00:35:24,250 So, and then if you could look from like seven o'clock 365 00:35:24,250 --> 00:35:26,350 to nine o'clock, I think there was, 366 00:35:27,090 --> 00:35:29,530 I think there was like a month where it was zero dollars 367 00:35:30,030 --> 00:35:32,230 during those and then that's when I got with Tracy 368 00:35:32,230 --> 00:35:35,150 and we moved it back to nine o'clock. 369 00:35:35,150 --> 00:35:43,130 I was hoping we can take out the 7.30 AM in the contract and then I just kind of have 370 00:35:43,130 --> 00:35:47,210 a conversation with Tracy and she decides on what the hours are with kind of the need 371 00:35:47,210 --> 00:35:48,010 of the golf course. 372 00:35:48,590 --> 00:35:53,650 If the golf course gets in a really good shape going in next year and we got the 7 o'clock 373 00:35:53,650 --> 00:35:58,450 7.30 AM tea times packed in the morning, I'm happy to be open. 374 00:35:58,630 --> 00:36:02,090 But as of right now you know you got a couple of locals going in there and they're just not 375 00:36:02,090 --> 00:36:07,270 coming in for food or drinks and we're not really getting any cells to 11 so that's my thoughts 376 00:36:07,270 --> 00:36:16,510 on that. And I think if you look at the next paragraph, concession facilities are not required 377 00:36:16,510 --> 00:36:19,930 to be open on any Monday that the golf course closed and that's what we're doing right now. 378 00:36:20,430 --> 00:36:25,390 Any change of hours shall be coordinated with the golf course director and shall be clearly 379 00:36:25,390 --> 00:36:30,170 posted in the clubhouse and the golf course director has been amended and Tracy so that's 380 00:36:30,170 --> 00:36:32,190 that's what I've been coordinating with that as of now. 381 00:36:32,750 --> 00:36:35,790 So I was just hoping to get the 730 time lifted, 382 00:36:36,270 --> 00:36:38,910 and if Tracy says, hey, we got golfers out there, 383 00:36:39,290 --> 00:36:40,930 we need to open at 730, I'll do it. 384 00:36:41,590 --> 00:36:43,850 So I was hoping it can be more of a gray air 385 00:36:43,850 --> 00:36:45,590 and stuff set in stone in the contract. 386 00:36:48,130 --> 00:36:51,050 And I do have hours over later till nine, 387 00:36:51,150 --> 00:36:52,810 I know it only says 4 p.m. in the contract, 388 00:36:52,810 --> 00:36:54,530 but I'm saying open later. 389 00:36:56,780 --> 00:36:58,100 Well, you just say minimum. 390 00:36:58,100 --> 00:37:01,160 month, so questions, 391 00:37:05,760 --> 00:37:06,580 comments from anybody? 392 00:37:07,700 --> 00:37:14,500 Mayor, the only thing I put forward was is the possibility of those times when the golf 393 00:37:14,500 --> 00:37:20,360 course is open earlier because of the daylight, say, sometimes may through September potentially 394 00:37:20,360 --> 00:37:24,540 keeping the 730 the rest of the year back and off to 9 and then having it in there, we're 395 00:37:24,540 --> 00:37:28,420 tracing and dust and can have a conversation if it needs to change beyond that. 396 00:37:28,660 --> 00:37:30,700 So that was one suggestion that I had put forward. 397 00:37:31,360 --> 00:37:35,840 Well, that's why I brought up the clause about the minimum that states in here. 398 00:37:36,080 --> 00:37:43,560 So if it's stated at a minimum, is that sufficient to give guidance to the city manager 399 00:37:43,560 --> 00:37:48,480 and our golf course director to negotiate times as they see fit? 400 00:37:49,600 --> 00:37:55,820 I don't think it has anything to do with negotiation and think that he can stay open longer than 401 00:37:55,820 --> 00:37:59,180 these hours, but at a minimum, he's going to stay open these hours. 402 00:38:00,580 --> 00:38:09,660 right but if we changed it to 11 and then they during the summer hours and you 403 00:38:09,660 --> 00:38:17,840 know tournaments and stuff there was a need can he come in at that time or so 404 00:38:17,840 --> 00:38:21,400 do we have to have something seeing when 405 00:38:24,030 --> 00:38:27,270 I had my conversation with Tracy we 406 00:38:27,270 --> 00:38:31,670 talked about just leaving at the 9 o'clock that when I think you want to move back 407 00:38:31,670 --> 00:38:38,610 from 739. Nine o'clock's fine. So I suggested that to Tracy that just move back to nine and then have 408 00:38:38,610 --> 00:38:41,810 the clause in and it says the two of them will have a conversation about anything different. 409 00:38:42,370 --> 00:38:47,770 Tracy said she preferred having it made through September, designated 730 and then outside of those 410 00:38:47,770 --> 00:38:51,910 times she could work with him if there was any additional need beyond that. And so that's the 411 00:38:51,910 --> 00:38:53,050 reason why I brought that up. 412 00:38:59,710 --> 00:39:05,150 Right, so you say there's very little sales. Does that include 413 00:39:07,170 --> 00:39:15,470 I'm just basically even even usually when the T-sheet is pretty full on the Saturday, even 414 00:39:15,470 --> 00:39:18,070 in the morning when it starts going up, I know it's cold right now, so people are going 415 00:39:18,070 --> 00:39:19,350 out there like 9, 10 o'clock. 416 00:39:19,850 --> 00:39:22,510 We're still really not seeing a rush till like 12. 417 00:39:23,330 --> 00:39:29,790 I mean, we'll get some early lunch crowded 11, but yeah, I think during summer when it's 418 00:39:29,790 --> 00:39:35,810 right and open at 6.37 and the golf course is in great shape. 419 00:39:35,810 --> 00:39:39,110 People are going to want to get those premier tee times before it gets 100 degrees outside. 420 00:39:39,630 --> 00:39:40,750 And that's when the golfers will be there. 421 00:39:40,970 --> 00:39:45,330 So I think it just kind of moves with the times, it moves with the course conditions. 422 00:39:45,570 --> 00:39:51,210 And I think having to be there at 7.1, no one's out there is my staff don't like it. 423 00:39:53,090 --> 00:39:55,770 Yeah, I would just because I'm never at the clubhouse. 424 00:39:55,770 --> 00:40:02,210 I didn't know if, like, if somebody did show up at 7.30 when it opens, whether they're 425 00:40:02,210 --> 00:40:03,810 able to get a breakfast taco. 426 00:40:04,070 --> 00:40:10,030 Right now, I know Amanda is doing coffee out of the golf course, they have a coffee maker 427 00:40:10,030 --> 00:40:10,310 in there. 428 00:40:10,750 --> 00:40:12,410 Y'all have anything else over there? 429 00:40:12,770 --> 00:40:13,110 Just coffee. 430 00:40:15,930 --> 00:40:20,650 And I'm welcome to supply waters, if that's something that we also have water on the golf 431 00:40:20,650 --> 00:40:20,910 course. 432 00:40:21,350 --> 00:40:22,050 What about beer sales? 433 00:40:22,810 --> 00:40:23,690 Beer sales are going... 434 00:40:23,690 --> 00:40:25,890 Well, how many golfers show up at 7.30 and buy beer? 435 00:40:25,890 --> 00:40:31,010 Your soul's to do good about after 11 o'clock after 11 o'clock. Yeah. Yeah. Yeah. 436 00:40:32,810 --> 00:40:36,910 It does depend on the golfer. You know, we do have a 437 00:40:36,910 --> 00:40:42,430 an Irish gentleman that comes and gets a whiskey at about 9 a.m. before T's off. So they are there. 438 00:40:45,190 --> 00:40:50,350 Yeah. I just know because they're the providers of all the alcohol on the course, right? So if 439 00:40:50,350 --> 00:40:56,010 somebody showed up at nine and they expect to be out till what new one 440 00:40:56,010 --> 00:41:00,790 long to take to play four hours. They may want to stock up at nine a.m. So 441 00:41:00,790 --> 00:41:04,550 which like I'm totally fine being open nine. My stuff likes being there at nine. 442 00:41:04,570 --> 00:41:07,950 We do have a little bit of cells, but that's seven to nine o'clock window. 443 00:41:07,950 --> 00:41:09,370 There's basically nothing. 444 00:41:14,780 --> 00:41:17,060 If I can ask, where's my golf director? 445 00:41:19,640 --> 00:41:20,380 Can I ask you 446 00:41:20,380 --> 00:41:21,140 what your thoughts are? 447 00:41:27,250 --> 00:41:30,590 I'm completely fine with him waiting to open 448 00:41:30,590 --> 00:41:37,510 And then till nine on these slower play days, the only times, and I usually give him a heads 449 00:41:37,510 --> 00:41:42,930 up when we're having tournaments and stuff where he would need to be there early or have 450 00:41:42,930 --> 00:41:43,850 his stuff there early. 451 00:41:44,410 --> 00:41:45,430 It's completely fine. 452 00:41:45,570 --> 00:41:46,410 And we have waters. 453 00:41:47,050 --> 00:41:48,870 If they want waters, we've got coffee. 454 00:41:49,050 --> 00:41:51,590 We've got the things that they need unless it's food related. 455 00:41:52,730 --> 00:41:56,650 And then, you know, we're kind of giving them a heads up on the phone, hey, FYI, they're 456 00:41:56,650 --> 00:41:57,690 not going to be open till nine. 457 00:41:57,690 --> 00:42:01,290 So grab a breakfast taco on our way in. 458 00:42:01,750 --> 00:42:03,830 Okay. Thank you. 459 00:42:03,950 --> 00:42:04,350 You're welcome. 460 00:42:04,590 --> 00:42:05,750 If I could Amanda. 461 00:42:06,690 --> 00:42:08,930 What are your thoughts about the May through September? 462 00:42:09,510 --> 00:42:10,450 Having them be there earlier? 463 00:42:10,610 --> 00:42:11,450 Did you think that's required? 464 00:42:11,650 --> 00:42:12,170 Or do you think that? 465 00:42:12,310 --> 00:42:15,410 I think it's absolutely probably going to be necessary for them to be there earlier. 466 00:42:16,250 --> 00:42:17,770 Um, and September 730. 467 00:42:17,770 --> 00:42:18,170 Uh-huh. 468 00:42:18,410 --> 00:42:18,730 That way. 469 00:42:18,870 --> 00:42:20,690 Yeah, I think they're there. 470 00:42:20,690 --> 00:42:23,910 They'll be pleasantly surprised with the business picking that. 471 00:42:23,930 --> 00:42:26,390 I think that's really going to be it back. 472 00:42:26,390 --> 00:42:26,710 Yeah. 473 00:42:30,710 --> 00:42:45,390 My suggestion is it looks like if we wanted to change the hours on Thursday through Sunday to nine o'clock, it's, you know, we could do that with one additional line and an amendment to the contract. 474 00:42:45,390 --> 00:42:56,770 And I think rather than rather than put a bunch of discretion in somebody's hands that may not want it and isn't down there every day. 475 00:42:56,770 --> 00:43:03,570 I think we could have a line that said Thursday through Saturday, 7.34 p.m. 476 00:43:04,450 --> 00:43:06,750 Turn on its and May through September. 477 00:43:06,970 --> 00:43:07,670 May through September. 478 00:43:08,870 --> 00:43:13,570 And then a Thursday through Sunday, the rest of the time, 9.4. 479 00:43:14,890 --> 00:43:18,010 I mean, it's a quick and easy one-line amendment. 480 00:43:20,210 --> 00:43:20,790 Anybody else? 481 00:43:21,670 --> 00:43:23,370 Well, I'll entertain a motion then. 482 00:43:24,650 --> 00:43:27,290 And you'd pretty much repeat what you said. 483 00:43:29,490 --> 00:43:30,370 I can't. 484 00:43:31,830 --> 00:43:33,890 I would move that we amend the code. 485 00:43:34,230 --> 00:43:36,410 Well, should I wait till we hear the... 486 00:43:36,410 --> 00:43:38,030 You got your kitchen for something else too. 487 00:43:38,050 --> 00:43:38,570 Yeah, one more thing. 488 00:43:38,970 --> 00:43:39,750 Oh, okay. 489 00:43:40,450 --> 00:43:41,750 How about I hold off in motion? 490 00:43:42,090 --> 00:43:42,310 Yes. 491 00:43:42,650 --> 00:43:42,790 Okay. 492 00:43:43,450 --> 00:43:44,270 It'll be different. 493 00:43:44,530 --> 00:43:47,050 I didn't realize we had a second thing on that agenda here. 494 00:43:47,950 --> 00:43:49,010 Yeah, one other thing. 495 00:43:51,330 --> 00:43:53,790 On December 23rd, it was a Friday. 496 00:43:54,210 --> 00:43:59,450 We were going to be open at the bunker, but the heating system wasn't working in the building. 497 00:44:00,230 --> 00:44:03,050 It was 42 degrees in the building, so I couldn't be open. 498 00:44:03,690 --> 00:44:11,090 So on average, from the previous Fridays, we lost about $2,800 in sales that day because I was unable to open. 499 00:44:11,170 --> 00:44:18,010 So I was hoping we could put something in the contract where I was able to get reimbursed on profits for the days missed 500 00:44:18,010 --> 00:44:23,970 It's because the building wasn't able to be opened because the building is ran by the city. 501 00:44:25,070 --> 00:44:25,190 All right. 502 00:44:25,750 --> 00:44:26,470 I'm going to hold you right there. 503 00:44:26,850 --> 00:44:34,890 Joe, the question, my agenda says we're only discussing hours of operation start time 504 00:44:34,890 --> 00:44:35,530 to be amended. 505 00:44:36,410 --> 00:44:38,970 Are we allowed to discuss anything else on this agenda? 506 00:44:39,590 --> 00:44:41,530 Your agenda says concessional agreement. 507 00:44:42,690 --> 00:44:51,010 Okay, so this one does have conversation agreement, okay, so yeah, that's your cover. 508 00:44:51,390 --> 00:44:51,390 Yeah, 509 00:44:54,810 --> 00:44:59,890 so we just weren't able to open that day. 510 00:45:00,000 --> 00:45:07,340 There's a lot of people in town. We're going to have a big night of sales and I wasn't able to open because of the state of the building. 511 00:45:09,390 --> 00:45:30,690 In my previous places that I had my restaurant, I mean, it was on me, basically, because I was the plain Lord and tenet. So I'd probably go get an insurance loan and cover my losses because the electricity went out or something happened or out a call to a friend of get it done. But since it wasn't in my control, I had to call the city to get them to come and fix it and it just, we weren't able to be up in that day. 512 00:45:30,690 --> 00:45:37,450 So, I was hoping if this happens in the future with AC going out or something happening 513 00:45:37,450 --> 00:45:42,630 and I wasn't able to be open, how are we going to remedy that? 514 00:45:48,180 --> 00:45:52,840 Joe Wooder, our responsibilities are in the contract in lieu of his request. 515 00:45:56,680 --> 00:46:03,140 You're not required under the contract in my reading of the contract to give a reimbursement for a day that's closed 516 00:46:03,140 --> 00:46:08,080 because of HRAC failures. So it would be in your discretion to do something 517 00:46:08,080 --> 00:46:12,020 above and beyond what you're required to do under the contract. Thank you. 518 00:46:13,220 --> 00:46:16,880 So you're asking for a reimbursement and you're asking for something to be 519 00:46:16,880 --> 00:46:21,040 put into the contract for future? Yeah, if I'm not able to be open and I'm 520 00:46:21,040 --> 00:46:23,900 paying her in for that day and I'm not able to be open because it's 40 degrees 521 00:46:23,900 --> 00:46:27,800 inside the building and no one's eating 40 degree weather. Yeah, I'd like 522 00:46:27,800 --> 00:46:31,380 something to be in the contract to kind of cover me in instances like that. 523 00:46:36,540 --> 00:46:41,600 comments? I would just point out that 524 00:46:43,800 --> 00:46:48,680 section 6 of the concession agreement says 525 00:46:48,680 --> 00:46:54,520 facilities are as is only no warranties. City of Lago best expressly 526 00:46:54,520 --> 00:46:59,500 displays in any express or implied warranties with respect to the facilities 527 00:46:59,500 --> 00:47:05,460 including but not related to the facilities condition. Merchantability, fitness 528 00:47:05,460 --> 00:47:10,800 for a particular purpose or any implied war into your rising from course of performance, 529 00:47:11,000 --> 00:47:18,420 course of dealing, course of usage or trade, this waiver includes but it's not limited to any 530 00:47:18,420 --> 00:47:20,540 condition caused by the negligence of the city. 531 00:47:23,760 --> 00:47:26,740 And so you read the contract before you signed it, 532 00:47:26,740 --> 00:47:28,900 right? I read the contract. Okay. 533 00:47:41,530 --> 00:47:44,370 Okay. Thank you, ma'am. So, Joe, I was just going to ask you the 534 00:47:44,370 --> 00:47:50,190 question that this clause number six is that a typical clause that's in a lease or commercial 535 00:47:50,190 --> 00:47:53,710 lease for businesses? Yeah, that's pretty difficult. 536 00:47:55,990 --> 00:48:00,170 If we were to modify it, I mean, how 537 00:48:00,170 --> 00:48:05,330 would we modify it and would it be advisable? I'll ask you how would we modify it and I'll ask 538 00:48:05,330 --> 00:48:09,830 you would it be advisable to modify it? I'm just saying if something happens with the building 539 00:48:09,830 --> 00:48:14,950 that I'm paying rent for and I'm paid to rent for that Friday and I cannot be open because 540 00:48:14,950 --> 00:48:20,750 there's something that is the city has control over. I just feel like I'm not insured 541 00:48:20,750 --> 00:48:24,850 in that situation. And I totally get that but it sounds like this clause is a fairly difficult 542 00:48:26,190 --> 00:48:32,290 clause for commercial lease of a space. So that's why I'm asking Joe, the question would 543 00:48:32,290 --> 00:48:35,970 it be advisable for us to make any kind of modification about this particular issue? 544 00:48:35,970 --> 00:48:48,910 It would be redistributing risk on to the city from the tenant, which, you know, it'd be uncommon in my experience to see that risk distributed onto the landlord. 545 00:48:57,410 --> 00:48:58,170 Anybody else? 546 00:49:00,830 --> 00:49:01,050 All right. 547 00:49:01,530 --> 00:49:01,570 We 548 00:49:03,780 --> 00:49:05,100 entertain a motion if we're ready. 549 00:49:07,160 --> 00:49:17,500 I would move that we amend the contract by adding an additional line for Thursday through Saturday, 550 00:49:17,500 --> 00:49:32,760 today, stating 9 to 4 October through April, and then Thursday would stay Sunday, Sunday, 551 00:49:32,860 --> 00:49:38,720 7th, 30 to 4 p.m. for May, 2 September. I'm assuming May 1 September 31st. 552 00:49:42,540 --> 00:49:42,980 All right. 553 00:49:43,160 --> 00:49:45,780 I have a motion. I have a second. I'll second that. 554 00:49:47,060 --> 00:49:51,380 All right. I have a motion and a second. Any discussion on the motion? 555 00:49:53,980 --> 00:49:54,460 All right. All those 556 00:49:54,460 --> 00:50:01,260 in favor say aye. Aye. All those opposed, nay? Very none. Motion carries, unanimous. 557 00:50:03,420 --> 00:50:04,520 Thank you, sir. Thank you. All 558 00:50:07,910 --> 00:50:12,530 right. We will now go back to agenda item number four. 559 00:50:13,530 --> 00:50:20,370 Routine reports from City Council Board Committee, commission liaisons. We were here two weeks ago. 560 00:50:22,320 --> 00:50:27,020 How many boards commissions met in the last two weeks? We shouldn't have too many reports, 561 00:50:27,020 --> 00:50:33,440 Unfortunately, sir, Councilor Dermatt and elected there are officers that's pretty much 562 00:50:33,440 --> 00:50:34,000 all they did. 563 00:50:35,060 --> 00:50:35,380 Just an effort. 564 00:50:39,720 --> 00:50:40,520 A-A-B. 565 00:50:40,940 --> 00:50:41,360 A-A-B. 566 00:50:42,200 --> 00:50:49,380 Oh, Parks and Reconnaissance as well in a receiver presentation from the Tricleys group 567 00:50:49,380 --> 00:50:56,600 and this, other than that, there was nothing at that point. 568 00:50:57,100 --> 00:50:57,320 All right. 569 00:50:58,280 --> 00:50:58,820 Did you get that? 570 00:50:58,820 --> 00:51:07,380 Okay. Yes. Councilor Robert. Building the standards meeting is, excuse me, building the 571 00:51:07,380 --> 00:51:12,800 standards commission is going to be meeting coming up soon. And sign ordinance is finally 572 00:51:12,800 --> 00:51:15,000 coming back. So we should see that soon here at Council. 573 00:51:17,860 --> 00:51:24,580 Sir, planning and zoning one week ago tonight had an interesting discussion. If you recall, 574 00:51:24,580 --> 00:51:31,340 All we sent the peninsula decision that had previously been made, 575 00:51:31,560 --> 00:51:34,660 we sent it back because of a notification issue. 576 00:51:36,140 --> 00:51:43,080 And previously, the history of that had been that PNZ recommended approval five to two. 577 00:51:43,220 --> 00:51:48,300 On a five to two vote came the council and I believe we approved that unanimously. 578 00:51:49,060 --> 00:51:50,860 We went back to PNZ. 579 00:51:51,420 --> 00:51:55,320 And there were a number of citizens that made comments, that had not made comments before. 580 00:51:55,960 --> 00:52:02,560 One member of PNZ was not there, and they were not able to come to a vote of any recommendation. 581 00:52:03,360 --> 00:52:12,100 And so they will be, I'm sending that on to us with no recommendation, neither for approval 582 00:52:12,100 --> 00:52:13,000 or denying. 583 00:52:13,580 --> 00:52:16,600 They could never come to something that could get a majority vote. 584 00:52:16,600 --> 00:52:22,420 So it will come back to us but with no recommendation of any sort from planning and so on. 585 00:52:24,340 --> 00:52:25,000 Thank you. 586 00:52:25,000 --> 00:52:27,930 Do you all stand on that end? 587 00:52:28,290 --> 00:52:28,730 All right. 588 00:52:29,030 --> 00:52:29,350 I did not. 589 00:52:29,570 --> 00:52:30,550 My use did not meet. 590 00:52:30,770 --> 00:52:32,810 So I believe that's it with our council report. 591 00:52:33,330 --> 00:52:37,470 And we go to number five. 592 00:52:37,730 --> 00:52:42,310 Consider approval of the January 19, 2023 meeting minutes. 593 00:52:45,550 --> 00:52:47,330 If I would, could you sir? 594 00:52:47,910 --> 00:52:50,750 So I found one item in the minutes. 595 00:52:51,170 --> 00:52:56,070 It was the one where Mr. Durbin had made the motion about Cap Metro and what we were 596 00:52:56,070 --> 00:52:59,010 going to forward on to the state legislature. 597 00:53:00,190 --> 00:53:05,030 I'm pass along the information to Miss Lucy and she made that correction so when we make 598 00:53:05,030 --> 00:53:08,610 the motion, we'll just say that it with the changes that she's already made. 599 00:53:08,970 --> 00:53:13,370 She had left out one little piece that we were going to forward along is about an email 600 00:53:13,370 --> 00:53:16,110 that I had passed along so she made that adjustment. 601 00:53:16,250 --> 00:53:19,970 She listened to the recording, made that adjustment and we should be good to go. 602 00:53:25,770 --> 00:53:30,030 I would make a motion that we approve the minutes as I modified by at least the early 603 00:53:30,030 --> 00:53:30,430 of this week. 604 00:53:31,010 --> 00:53:31,290 Second. 605 00:53:32,230 --> 00:53:32,710 Right. 606 00:53:32,790 --> 00:53:33,830 I have a motion and a second. 607 00:53:33,990 --> 00:53:35,030 Any discussion on the motion? 608 00:53:36,430 --> 00:53:37,690 All those in favor say aye. 609 00:53:38,050 --> 00:53:38,490 Aye. 610 00:53:39,010 --> 00:53:40,030 All those opposed nay? 611 00:53:41,170 --> 00:53:41,890 Hearing none. 612 00:53:42,370 --> 00:53:43,350 Motion carries unanimous. 613 00:53:44,470 --> 00:53:45,470 Minutes are approved. 614 00:53:45,470 --> 00:54:03,830 And action item number six, discussion, consideration and possible action on resolution 23-1989, a resolution ratifying and continuing the disaster declaration signed by the mayor on February 6, 2023 and establishing an effective date. 615 00:54:05,330 --> 00:54:12,890 As you know, I put out the disaster declaration, however, that is, I state law is only good 616 00:54:12,890 --> 00:54:22,590 for seven days, however, with the process that's involved with, you know, the FEMA funds 617 00:54:22,590 --> 00:54:32,960 and things that we could be possibly eligible for in the future, we would need to continue 618 00:54:32,960 --> 00:54:40,480 the disaster declaration. So this is on your agenda tonight to let me know if you want 619 00:54:40,480 --> 00:54:45,290 to continue the disaster declaration or not. Question? 620 00:54:46,030 --> 00:54:47,950 It seems pretty straightforward to me. 621 00:54:52,180 --> 00:54:57,920 I get an update today from the state regarding 622 00:54:59,060 --> 00:55:04,480 the funding. Is that something I can announce during this or does that not fall under the 623 00:55:04,480 --> 00:55:10,780 Disaster Declaration was the update related to your disaster declaration? 624 00:55:11,280 --> 00:55:19,460 Well, sort of, because the disaster declaration is something that is required in order for us to be eligible for the funding. 625 00:55:20,060 --> 00:55:27,860 Sounds like it is related to the effects of this disaster declaration and the impact of your decision here tonight. 626 00:55:27,860 --> 00:55:28,500 I could. 627 00:55:30,900 --> 00:55:35,120 So as you know, when it when it first came out, the state level was at 628 00:55:35,120 --> 00:55:41,240 51 million dollars is what the threshold was in our update today. So far they're 629 00:55:41,240 --> 00:55:45,440 they've recorded just over seven million in damages. I 630 00:55:48,740 --> 00:55:51,600 don't know why it was so 631 00:55:51,600 --> 00:55:55,980 low because I think Austin had estimated like 29 million or something like that. 632 00:55:55,980 --> 00:56:01,580 So I don't know why, but what does that mean, the fact that we're so far underneath? 633 00:56:02,100 --> 00:56:03,660 I think it means that nobody's reporting. 634 00:56:04,420 --> 00:56:04,500 Yeah. 635 00:56:04,740 --> 00:56:07,880 And does that mean we're not going to get funds? 636 00:56:08,380 --> 00:56:14,900 If the state does not, the way it works, if the state does not, well first, let me put it this way. 637 00:56:15,540 --> 00:56:17,960 The state has a threshold of 51 million. 638 00:56:18,300 --> 00:56:23,480 The county, in addition to that, has not money-wise, but 639 00:56:23,480 --> 00:56:29,640 But the state has to meet their level of 51, and Travis County has to meet their level 640 00:56:29,640 --> 00:56:30,560 of 5.7. 641 00:56:32,480 --> 00:56:38,160 But I could say, I've heard Austin say as much as 29, 28 million, so I think it's just 642 00:56:38,160 --> 00:56:40,440 not hitting the reports, but- 643 00:56:40,440 --> 00:56:42,420 And I do have one additional question if I could, Mayor. 644 00:56:42,980 --> 00:56:48,180 We need to continue the emergency status so that we can receive funding if there's any 645 00:56:48,180 --> 00:56:48,540 that comes. 646 00:56:48,540 --> 00:56:49,200 Is that accurate? 647 00:56:50,200 --> 00:56:50,540 Yes. 648 00:56:50,540 --> 00:56:54,920 It's not really an emergency status. It's just a declaration of disaster. 649 00:56:55,520 --> 00:57:00,200 Okay, but if we were to lift this, we wouldn't get any funds that we're coming our way. 650 00:57:00,480 --> 00:57:05,580 Right. I thought what we're doing really is ratifying what the mayor did when he declared it. 651 00:57:06,040 --> 00:57:08,560 But we're also continuing it. Yes. 652 00:57:09,340 --> 00:57:14,100 Yeah. And then there's a reason for that because if we don't, we won't get any money if the money's 653 00:57:14,100 --> 00:57:17,760 coming. That's correct. I just want to make sure I understood that. 654 00:57:20,520 --> 00:57:21,680 Any other questions, 655 00:57:21,680 --> 00:57:22,720 comments on that? 656 00:57:25,370 --> 00:57:33,510 If there's not, I'll contain a motion. May or I move that on resolution 657 00:57:33,510 --> 00:57:43,430 23-1989 that we approve and the continuation of the disaster declaration has presented 658 00:57:43,430 --> 00:57:51,230 in tonight's packet. So good. Okay, and we need to have, do we need to announce an effective 659 00:57:51,230 --> 00:57:54,390 effective date or just by this, is it make this the effective date? 660 00:57:55,430 --> 00:57:58,290 Is it an effective second? I mean the sixth? 661 00:57:58,930 --> 00:58:03,370 Yeah, that would be the effective as of February 6th. 662 00:58:03,410 --> 00:58:07,710 Are you saying for the effective date of the ratification? 663 00:58:08,210 --> 00:58:14,450 Right. So if they ratify it, does that make that establishes it as the effective date? 664 00:58:14,450 --> 00:58:14,450 Okay. 665 00:58:16,710 --> 00:58:30,970 Yeah, you could say that it's effective on the on the 13th. I mean, yeah, if you want to be careful about number counting, then, yeah, you could make it retroactively effective if that's what the council wants to do. 666 00:58:31,350 --> 00:58:35,530 If they're ratifying what I put out, then it would start on the 6th. 667 00:58:36,270 --> 00:58:38,410 Okay. I just want to make sure we're all clear. 668 00:58:38,410 --> 00:58:42,450 sure. That's included in the resolution I was going to 669 00:58:42,450 --> 00:58:47,290 discuss so much. Okay. When I move that we accept it as 670 00:58:47,290 --> 00:58:50,130 written, that's included in there. Yeah, that is successful. 671 00:58:50,470 --> 00:58:54,290 In my head, I wanted, and it says, and establishing, I just wanted to 672 00:58:54,290 --> 00:58:58,130 make sure that that was the date we were establishing. Okay. 673 00:58:58,410 --> 00:59:02,390 I can change motion if needed. No, that sounds good. All right. 674 00:59:02,550 --> 00:59:05,410 I have the motion. Did I get a second? Yeah. You got to 675 00:59:05,410 --> 00:59:11,350 Okay, thank you. I have a motion and a second any further discussion on the motion 676 00:59:11,350 --> 00:59:16,630 All right all those in favor say aye. All right all those opposed nay 677 00:59:17,630 --> 00:59:21,650 Very none the motion carries unanimous resolutions approve unanimous 678 00:59:26,680 --> 00:59:27,500 and I have nothing else 679 00:59:31,500 --> 00:59:33,260 What time is it? 680 00:59:34,200 --> 00:59:37,960 And I will call this meeting adjourned at 7.28 p.m 681 00:59:37,960 --> 00:59:40,320 I've nailed it, 730.