[0:00] All right.

[0:04] 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.

[0:37] We will convene into a closed executive session pursuant to a consultation with legal counsel

[0:44] concerning all regular meeting agenda items requiring confidential attorney, client,

[0:50] advice.

[0:51] This is as needed.

[0:53] This is under government code section 551.071 b consultation with legal counsel regarding the

[1:01] We water treatment plant three property.

[1:04] This is under government code section 551.071, Advice of Council, and government code section 551.072,

[1:13] real property, and we convene at 531 p.m.

[1:20] Go return.

[1:26] All right.

[1:26] We reconvene from recess in the open session.

[1:30] We will act as deemed appropriate in City Council's discretion regarding two items.

[1:35] A, Constitutional Legal Council, during our executive session, we had some advice provided

[1:43] by our legal council regarding our agenda item number seven, which is the Bunker Bar and

[1:51] Grill agenda item.

[1:55] And then B, Constitutional Legal Council regarding the Water Treatment Plan number three.

[2:00] In that discussion, we have decided to enter into the, we have signed a letter of engagement

[2:06] with the Chapman firm to represent the City of Logo Vista.

[2:12] All right, so, Actors deemed appropriate, City Council's discretion regarding A, consultation

[2:18] with legal counsel, no action, and B, consultation with legal counsel regarding the water treatment

[2:28] plant number three. No action. All right. We will now move into the open session part of our meeting

[2:36] and we will start with our pledge allegiance to the U.S. and the Texas flag.

[2:40] The

[2:45] U.S. flag. A pledge allegiance to the flag of the United States of America.

[2:51] And to the Republic for which it stands, one nation regardless of the liberty and justice for all.

[2:58] Now the Texas flag, honor the Texas flag of the Texas one state under God, one and indivisible.

[3:11] You may be seated.

[3:13] And

[3:18] 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.

[3:28] any items not on the agenda and I have one citizen who has signed up to speak

[3:36] during this section and so at this time I will recognize Ms. Lisa Shaw.

[4:21] It's my three minutes going now. A Monday and E with antenna capital developer for

[4:28] Turnback Ranch Development. Present to the chamber members his presentation.

[4:33] and pointing out two locations on his map,

[4:37] where he's gonna be paying for the first sewer lift station

[4:42] near Chisera and for the second sewer lift station

[4:46] in Pesaydebacca.

[4:47] It's come to the citizens' attention

[4:49] that the city of Lakewood and Colorado

[4:53] also work with Andy of Intura Capital

[4:56] on a development called Red Rock Center for RC.

[5:00] In this scenario, it appears from videos of city council meeting and supporting documents

[5:06] of bankruptcy audits, and that the citizens had great concern about Ventura capital's

[5:14] conflict of interest and self-gilling regarding sewer and water to the new development.

[5:21] The players in this scenario were Mt. Carbon Water and sanitation districts, which Andy was

[5:28] board member, Red Rock Center, RCC Metro District, which Andy was also a board member,

[5:36] Ben Tena, Capitol, the private developer of Red Rock, which Andy is a partner and a player

[5:44] owner, whatever. So you see the pattern. You have a developer, Ben Tena, that runs Mount

[5:51] carbon water and sanitation district, as well as the RRC Metro District.

[5:58] Andy Underoth made a presentation to Jeff Co. Planning Commission stating that he had

[6:05] a will serve letter for Mt. Carbon, promising to provide water and sanitation services to

[6:13] the development.

[6:14] stating under oath that Mt. Carburn was financially stable without divulging its poor financial conditions.

[6:23] So what they did is decide to give themselves a will-served letter.

[6:28] If this is all true, which it appears to be, this is what's called a conflict of interest,

[6:34] a sham relationship, a private company owning a government, a city, literally.

[6:40] map carbon foul bankruptcy twice and now the citizens are currently paying up to 20 million

[6:46] per map carbon's debt plus the developer's debt up to their eyeballs and debts to the

[6:52] tune of $287,000 in one year alone.

[6:59] The citizens of the city of Lakewood appear to have had when it was all said and done $120

[7:05] million dollar in debt before they ever mowed their lawns.

[7:10] If the actions have been ten and other players with the City of Lakewood, Colorado are true,

[7:16] it deserves your utmost attention.

[7:19] The citizens respectfully ask that the developer not be allowed to own or operate its own sewer

[7:25] and water facilities, and the building of turnbacks to sewer lift stations.

[7:32] Thank you guys.

[7:33] I really appreciate it.

[7:34] I've put the link to the Rooney Valley News, the Chief Editor, John Henderson, and the City of Lakewood, Jefferson County.

[7:46] Thank you.

[7:47] All right, thank you.

[7:53] We now go into items of community interest, pursuant to Texas Government Code Section 551.0415.

[8:03] The City Council may report on any of the following items.

[8:06] A, expression of thanks, gratitude, and condolences.

[8:10] B, information regarding holiday schedules, recognition of individuals, reminders regarding

[8:17] city council events, reminders regarding community events, health, and safety announcements.

[8:23] And I will lead it off here.

[8:26] First of all, city hall will be closed Monday the 20th for President State.

[8:37] second. North Shore Pet Parade and Costume Contest. This is the second annual. If you did not

[8:47] attend last year, it is quite fun. Saturday, March 4th, beginning at 12 o'clock. That is a

[8:54] green shore park. If you don't know what green shore park is, it is next to the Logo Vista Golf Club.

[9:01] Well, of course, right there are green shores, right by whatever hold that is.

[9:07] I don't know what hold that is.

[9:09] Nine or 18.

[9:10] Nine or 18.

[9:11] 18 of the driving range.

[9:13] Yes.

[9:13] All right.

[9:15] There's information that is going around regarding the Pet Parade and Costume Contest.

[9:23] Last year they raised $4,000 for the Rescued Network.

[9:29] during this contest. There are prizes, best pet and owner combo, most creative, most

[9:39] hilarious, and the best of the rest, just pets other than dogs. So I don't know we

[9:46] may see chickens, that's the only thing that's allowed, cats.

[10:01] We don't allow

[10:10] belly pig or a goat or something in a costume and an owner that matches. Refreshments.

[10:19] The Lions Club is selling hot dogs and drinks. You can get raffle tickets. You can get one

[10:26] of these but these on our side are we sharing this at all?

[10:34] So there you go. You can buy raffle

[10:37] tickets that are five dollars each. They had some really nice prices last year.

[10:42] I think one of the prices this year is some artwork that's valued at about $800.

[10:50] From a local artist, there's a QR code that you can scan, do all this, you can even just

[10:56] make a donation if you would like to.

[11:00] So the North Shore Peparating Costume Contest, let's see, North Lake Travis Chamber of Commerce,

[11:08] First, excellent news, City of Lagavista will host the 31st annual La Primavera bike race

[11:15] March 4th and 5th, 2023. This year we're making something new out of something traditional.

[11:22] For the first time they will provide a coupon, flyer or coupon, however you want to say it.

[11:28] In each of the race packets distributed to race participants, bikers come from different

[11:32] States and countries to participate in the La Prima Veda bike race and they need to eat by

[11:39] supplies, fine souvenirs to take home, etc. Perfect opportunity to bring new customers into your

[11:45] business and showcase all North Shore all the North Shore offers visitors. For more information,

[11:52] contact the Chamber. The North Lake Travis Chamber of Commerce would also like to announce they are

[11:58] taking ads for the 2023 Community Guide. The guide is circulated to over

[12:05] 9,700 customers in Lagovista Point, Venture, and Jones Town.

[12:10] Former railway information can also contact the chamber.

[12:14] And the North Lake Hope Center would like to say a big thank you to the 436 volunteers that

[12:24] gave over 5,000 hours of their time in 2022. The crisis team was able to provide short-term

[12:32] assistance to over 500 local residents, totally in over $50,000 including assistance for housing,

[12:39] transportation, medical, et cetera. Thanks to local businesses, churches, organizations,

[12:45] and individuals, they received $12,000. Our counseling team provided treatment,

[12:52] Their counseling training provided treatment to 92 clients, including children, youth couples,

[12:58] individuals and families. 200 students received backpacks, suitable school supplies at their

[13:04] back to school bash event, where 65 volunteers passed out backpacks provided eye exams and haircuts.

[13:13] On November 6, they held the first annual big event, a one-day community service event,

[13:17] Where they served 32 homes on the North Shore with the help of over 300 volunteers, 26 business partners that donated $60,000.

[13:29] So very nice, very nice work by the North Lake Hope Center and their volunteers.

[13:40] upcoming Council event begins on Friday, February 24th, from 9 a.m. to 5 p.m. and it continues

[13:52] as needed on Saturday, February 25th, from 9 a.m. to noon and this is an open public meeting.

[14:00] the council will be holding their strategic, the fiscal year 2023 work plan and 2024 work plan

[14:10] strategic planning workshop upcoming council event.

[14:16] Before I get to my last one is

[14:22] there

[14:24] anything else anybody anything that yes sir. Thank you miss. Did you mention Cassino and I did

[14:29] to do? No, I did not. You see it on I, Saturday, February 25th at K-Oaks, and on the women's

[14:39] guild of St. Mary's, welcomes everyone who's interested to let's get social. Monday,

[14:45] February 20th, 7pm in the pack, find ways to get involved and meet other women in the

[14:49] parish, bring an appetizer or dessert to share, bring your own beer, bring a friend. See

[14:54] you, Catholics.

[15:04] Raquel Welch, aye. I was sad. Okay, shot in here. Yes, sir. Thank you, Mayor. The Lions held their

[15:12] chili feces past Saturday, and I just wanted to thank everybody who came out and supported

[15:15] that event. And then this coming Saturday, a couple days away, we've got the blood drive

[15:19] down at CVS, and if you want to sign up, there's still some spots. And you can go to the

[15:23] Logo Vista Lions Facebook page and get information about that.

[15:30] And Shilane is not with us tonight.

[15:32] So we don't have any school updates, sorry.

[15:37] Anybody else?

[15:38] Yes sir?

[15:39] No one.

[15:40] And it's come to light to me, so I figured I'd pass it on.

[15:46] On our website, if you go to four residents and then public safety alerts,

[15:53] it'll take you to the Warren Central Texas organization where you can input your phone numbers,

[15:59] landlines, cell phones, put them all in there because that's where the reverse 9-1-1s come

[16:04] from, so you get alerted of any emergency situation in town.

[16:12] Just thought that was handy

[16:14] and I didn't know it was there and I didn't know it would do the landlines. So,

[16:22] tip, tip.

[16:23] Anybody else? Does anybody in the audience have anything they would like to share with us?

[16:27] All

[16:30] right, so I announced at our last meeting that February is Black History Month, and

[16:38] I told you I would have more to come.

[16:40] So tonight I have a proclamation,

[16:44] and I will share that with you.

[16:46] It says City of Logovista Proclamation, Black History Month 2023.

[16:53] Whereas during Black History Month, we celebrate the many achievements and contributions made

[16:59] by African-Americans to our economic, cultural, spiritual, and political development, and whereas

[17:07] Black History Month grew out of the establishment in 1926 of Negro History Week by Carter G. Woodson

[17:16] and the Association for the Study of African-American Life and History. And whereas the observance

[17:23] of Black History Month calls to our attention, calls our attention to the continued need to battle

[17:30] racism and build a society that lives up to its ideals. And whereas the City of Logovista

[17:37] continues to work toward becoming an inclusive community in which all citizens,

[17:42] past, present, and future are respected and recognized for their contributions and potential

[17:48] contributions to our community, the state, the country, and the world, and whereas the City

[17:55] of Logovisa is proud to honor the history and contributions of African-Americans in

[18:00] our community throughout our state and nation.

[18:03] Now therefore, I, Mayor Ed Tedwell, of the City of Logovisa, Texas, and recognition of African

[18:10] and Americans past and present in our community do hereby proclaim February 2023 to be Black

[18:18] History Month. I encourage all citizens to celebrate our diverse heritage and culture and

[18:25] continue our efforts to create a world that is more just, peaceful and prosperous for all.

[18:33] In witness we're up I hear on to set my hand and call us the official seal of the City of

[18:40] this 16th day of February, 2023, Ed Tidwell mayor.

[20:20] All

[20:32] right, that is all that I believe we have for the items of community interest tonight.

[20:37] So we're going to move into staff.

[20:43] Oh, there's donuts with bets on the 24th.

[20:47] Oh, that's right.

[20:48] Yes.

[20:49] Thank you.

[20:49] That's Smiling Donuts. Smiling Donuts on Loman Ford.

[21:00] All right, so staff and council liaison reports. Let's see.

[21:22] Yeah.

[21:28] No, I don't know what to do with my paper. Oh, okay.

[21:32] There it is.

[21:38] So number one, routine reports from city staff says

[21:45] I'm the lead, but I don't know what staff has to report.

[21:49] You have two reports.

[21:51] All right. Section is used for routine reports provided by staff regarding their respective

[21:57] departments. Is that these here? Oh, I thought they would be under number one. All right.

[22:04] So the first one, annual police department, racial profiling report, and I will welcome

[22:10] chief Gary Boe Shears. Thank you, Mr. Mayor and members of Council. So you have in your

[22:16] packet, the 2022 annual Racial Profiling Report for the police department is prepared

[22:22] by Delcarbon Consulting, that's a company that we contract with, to not only prepare

[22:28] the report, but to perform an analysis of the data that the police department submits

[22:33] to them and to provide some outside verification to you, the counsel and to our citizens

[22:38] that we are complying with all elements of the Racial Profiling Law.

[22:43] So again, you have the complete report in your packet.

[22:46] I would draw your attention to page 26 of the report, page 41

[22:50] in your packets.

[22:52] Just the last paragraph with Dr. Del Carman's conclusions

[22:56] where it states the comprehensive data analysis included

[22:59] in this report serves as evidence that the log of VISTA police

[23:02] department has complied with the Texas racial profiling law

[23:06] and all of its requirements.

[23:10] additional requirements under the law of the state is that this report has to be submitted

[23:15] to the governing body of the municipality and to the Texas Commission on Law Enforcement

[23:19] before March 1st, so we're taking care of submitting it to the council tonight.

[23:25] I submitted it to the Texas Commission on Law Enforcement last week.

[23:29] It doesn't require any action from the council, it just has to be submitted to you, but I'm

[23:34] available for any questions you might have regarding it.

[23:36] all right thank you any questions comments just thanks I don't really have any

[23:47] question but will this be on our website or anyone for the citizens to view

[23:53] yes sir we can get it on the website definitely okay thank you yes sir

[24:04] next

[24:05] report of first quarter of fiscal year 2022 2023 which is October 1

[24:12] 22 through December 31st, 2022 financials.

[24:21] I have Star Lockwood as the lead.

[24:29] Hello, everyone. The financial part starts on page 87 of the packet. If anybody has their packets at home or in the audience, whatever.

[24:38] 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

[24:46] And speaking specifically to that quarter, we've got some ups and downs.

[24:52] General fund overall is up and it's got high points.

[24:57] The property taxes, the sales taxes, some of the franchise fees are up, others are not.

[25:04] Development services is down and I'm just going to take a very high look at everything.

[25:09] Aviation revenues down, but partially that's partially due to there was some vandalism to

[25:14] our fuel farm.

[25:15] 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

[25:33] between the two is the extensions and taps that are down.

[25:38] And impact fee revenue is down about $200,000.

[25:43] And then the golf course, for that quarter,

[25:45] we are substantially down compared to last year,

[25:48] actually compared to all years prior since 2008,

[25:51] when the city purchased the course.

[25:52] It's our lowest quarter ever.

[25:55] So that's just some things I wanted to note.

[25:58] Expenses for all of the budgets are within line.

[26:01] slide variances on some of them are due to, we've paid one time things,

[26:05] liability insurance is paid in October for the whole year. Equipment is ordered.

[26:11] The vehicles are ordered so there's a little bit of variance there but mostly

[26:15] it's all in line. The one thing that I would like to point out is between

[26:19] the 182,000 that were down in development services and all the permitting.

[26:25] The 200,000 that were down in impact fees and the other 200,000

[26:29] ish that we're down in the water and sewer extensions and taps do show that we're starting

[26:35] to go into a pretty big trend to the growth is not here anymore is we may rebound later

[26:42] in the year and it doesn't look like it on the bigger economic scale but um just wanted to put

[26:48] put that out there then's just some little FYI's that you all might enjoy we officially paid off

[26:55] from February 8th of 2011 bond. So that's a big woohoo. We don't have that on the

[27:00] market or fight anymore. As of January 31st, we had collected 8 million of the 9.5 million

[27:08] that we had thought we would collect on the property taxes. So we were at about 85-86%

[27:14] collection rate as of January 31st. That alone has helped us be able to get our general

[27:21] Fund Reserve account. As of yesterday, we were able to move another 500,000, so we're

[27:25] back at 4.3 million instead of 1.8. I think we got down to and we moved 500,000 yesterday

[27:32] on utility reserve, which puts us right at 12 million dollars. So those are all good

[27:37] positive things. I've got lots of data over here and here if anybody has specific questions,

[27:43] I know you had some earlier. Did you get your questions answered?

[27:47] Yeah, a couple of questions and comments, actually, so the staff report preamble here, I

[27:52] feel very helpful.

[27:53] I've been, you know, as I look at the monthly finance report, I'm always trying to get

[28:02] key messages going through that.

[28:04] And I think this staff report probably is the best one yet in terms of providing key messages.

[28:09] So thank you for that, and it's a good stuff.

[28:13] 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.

[28:29] And so my question which I did receive an answer to was, are we going to spend that?

[28:37] 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.

[29:07] And so presumably city manager at some point will either come back and say we're not going

[29:10] to, you know, just going to throw that back into the fund, the general fund, or she may

[29:16] ask us to spend on something else, or something else comes up.

[29:19] But for the most part, that all it should.

[29:21] And then the one other comment that I will make, just looking at the, for people who look

[29:25] at the monthly reports and development services report, always shows the number of new permits.

[29:31] And to put in context, the last two or three years, we've been running around 400 building permits per year.

[29:40] Last year, last two years it was over 400.

[29:43] In the first quarter of this year, which is what the reports go to, we've had 41.

[29:49] So in three months, this fiscal year, we've done what previously had been happening pretty much every month before that.

[29:57] And so that kind of puts it...

[30:16] 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.

[30:29] 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.

[30:46] Thank you.

[30:47] Yes.

[30:48] Start, have we ever had a rainy day fund?

[30:52] Well the rainy day fund is our reserve fund, so we have a utility one and a general one.

[30:58] So. Okay. Thanks. That's a good question normally and instead of calling it a rainy day,

[31:05] there's something called a sustainability fund and that one normally has a policy

[31:11] in place. It tells you exactly what you're going to spend it on so that you don't just

[31:15] use that as a place to fund just anything. It's normally specific, like transportation

[31:23] or whatever the council would like to see. Sometimes you put telephone expenses because

[31:28] is replacing a telephone system is really expensive.

[31:31] So it's something that you're continually saving for

[31:34] with an object in mind to actually spend it on.

[31:37] Thanks, Tracey.

[31:38] Mm-hmm.

[31:40] Man, that leads me to a good deal.

[31:43] Have you ever seen an emergency fund

[31:46] that would be utilized for cleanup after storm,

[31:48] for example, that kind of thing?

[31:50] Sustainability funds can also be used for that as well.

[31:52] Okay.

[31:53] They try not to code them emergency funds

[31:55] because then you're really defining what that account is for

[31:58] and sometimes that never happens and sometimes that depletes it and you have no other way of

[32:02] funding it so they put them in sustainability funds with that being in the policy that you could utilize it for that

[32:08] but the council would actually have to make a action motion to start spinning the money out of there.

[32:14] Is that something that we can discuss? Absolutely.

[32:17] My next question is is that a strict good, is that appropriate for strategic planning or budget?

[32:22] We actually talked about this during the budget process that this year is a year that I would like to see

[32:27] if we can actually start that.

[32:29] So there would have to actually be a designated amount

[32:31] that we would start with.

[32:33] And then each year we'd have to make

[32:34] in our financial policies a commitment

[32:36] to at least fund up to a certain amount.

[32:39] So then it continues to save up.

[32:41] Yep, cool.

[32:45] Anyone else?

[32:49] Thank you.

[32:52] And I'm actually going to skip this next one.

[32:56] And we're going to move ahead to agenda item number seven.

[33:06] Discussion, consideration and possible action

[33:09] regarding the concession services agreement for the bunker bar and grill at the log of east

[33:14] the golf course.

[33:18] This

[33:28] is working now.

[33:30] All right, I'm sorry, I had to give my community a fixed.

[33:34] All right, you have anything to you're the lead.

[33:38] Do you have anything to say before I bring up the.

[33:40] Yes, sir mayor and council, you actually heard this and its entirety for this concession

[33:46] and services agreement on January 5th.

[33:48] Unfortunately, during the presentation

[33:51] and it was one of those very long evenings,

[33:53] Mr. Martin's phone actually ran out of juice

[33:57] so he could not participate in the discussion.

[33:59] It came back then as a consent agenda.

[34:02] He has an item that he would like to discuss with you

[34:05] and that is the opening of times for the bunker.

[34:09] And so I will turn it back to you.

[34:12] All right, with that being said,

[34:15] do you have the floor?

[34:17] Dustin Martin, Under the Bunker-Barn Grill.

[34:20] So if you have the contract in front of you

[34:23] and you can go to number 15,

[34:26] how is the operation?

[34:28] It says at a minimum,

[34:31] the company shall ensure that the concession facilities

[34:35] are open for business and available to customers

[34:37] seven days a week as follows.

[34:38] Monday through Wednesday, nine to four.

[34:41] Thursday through Sunday,

[34:41] 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.

[34:50] Tuesday through Saturday. And then Sunday 9 a.m. to 5 p.m. The reason we started doing that

[35:00] is basically from 7 o'clock to pretty much 11 o'clock. There's just no cells in there

[35:07] because there's no golfers out there.

[35:09] So we pushed it back to nine o'clock.

[35:11] We're still in there at nine and we have breakfast tacos

[35:13] and some things for the golfers,

[35:15] but if I had to pull myself from even nine o'clock

[35:19] to 11 o'clock, it might be 15 bucks.

[35:22] So, and then if you could look from like seven o'clock

[35:24] to nine o'clock, I think there was,

[35:27] I think there was like a month where it was zero dollars

[35:30] during those and then that's when I got with Tracy

[35:32] and we moved it back to nine o'clock.

[35:35] I was hoping we can take out the 7.30 AM in the contract and then I just kind of have

[35:43] a conversation with Tracy and she decides on what the hours are with kind of the need

[35:47] of the golf course.

[35:48] If the golf course gets in a really good shape going in next year and we got the 7 o'clock

[35:53] 7.30 AM tea times packed in the morning, I'm happy to be open.

[35:58] But as of right now you know you got a couple of locals going in there and they're just not

[36:02] coming in for food or drinks and we're not really getting any cells to 11 so that's my thoughts

[36:07] on that. And I think if you look at the next paragraph, concession facilities are not required

[36:16] to be open on any Monday that the golf course closed and that's what we're doing right now.

[36:20] Any change of hours shall be coordinated with the golf course director and shall be clearly

[36:25] posted in the clubhouse and the golf course director has been amended and Tracy so that's

[36:30] that's what I've been coordinating with that as of now.

[36:32] So I was just hoping to get the 730 time lifted,

[36:36] and if Tracy says, hey, we got golfers out there,

[36:39] we need to open at 730, I'll do it.

[36:41] So I was hoping it can be more of a gray air

[36:43] and stuff set in stone in the contract.

[36:48] And I do have hours over later till nine,

[36:51] I know it only says 4 p.m. in the contract,

[36:52] but I'm saying open later.

[36:56] Well, you just say minimum.

[36:58] month, so questions,

[37:05] comments from anybody?

[37:07] Mayor, the only thing I put forward was is the possibility of those times when the golf

[37:14] course is open earlier because of the daylight, say, sometimes may through September potentially

[37:20] keeping the 730 the rest of the year back and off to 9 and then having it in there, we're

[37:24] tracing and dust and can have a conversation if it needs to change beyond that.

[37:28] So that was one suggestion that I had put forward.

[37:31] Well, that's why I brought up the clause about the minimum that states in here.

[37:36] So if it's stated at a minimum, is that sufficient to give guidance to the city manager

[37:43] and our golf course director to negotiate times as they see fit?

[37:49] I don't think it has anything to do with negotiation and think that he can stay open longer than

[37:55] these hours, but at a minimum, he's going to stay open these hours.

[38:00] right but if we changed it to 11 and then they during the summer hours and you

[38:09] know tournaments and stuff there was a need can he come in at that time or so

[38:17] do we have to have something seeing when

[38:24] I had my conversation with Tracy we

[38:27] talked about just leaving at the 9 o'clock that when I think you want to move back

[38:31] from 739. Nine o'clock's fine. So I suggested that to Tracy that just move back to nine and then have

[38:38] the clause in and it says the two of them will have a conversation about anything different.

[38:42] Tracy said she preferred having it made through September, designated 730 and then outside of those

[38:47] times she could work with him if there was any additional need beyond that. And so that's the

[38:51] reason why I brought that up.

[38:59] Right, so you say there's very little sales. Does that include

[39:07] I'm just basically even even usually when the T-sheet is pretty full on the Saturday, even

[39:15] in the morning when it starts going up, I know it's cold right now, so people are going

[39:18] out there like 9, 10 o'clock.

[39:19] We're still really not seeing a rush till like 12.

[39:23] I mean, we'll get some early lunch crowded 11, but yeah, I think during summer when it's

[39:29] right and open at 6.37 and the golf course is in great shape.

[39:35] People are going to want to get those premier tee times before it gets 100 degrees outside.

[39:39] And that's when the golfers will be there.

[39:40] So I think it just kind of moves with the times, it moves with the course conditions.

[39:45] And I think having to be there at 7.1, no one's out there is my staff don't like it.

[39:53] Yeah, I would just because I'm never at the clubhouse.

[39:55] I didn't know if, like, if somebody did show up at 7.30 when it opens, whether they're

[40:02] able to get a breakfast taco.

[40:04] Right now, I know Amanda is doing coffee out of the golf course, they have a coffee maker

[40:10] in there.

[40:10] Y'all have anything else over there?

[40:12] Just coffee.

[40:15] And I'm welcome to supply waters, if that's something that we also have water on the golf

[40:20] course.

[40:21] What about beer sales?

[40:22] Beer sales are going...

[40:23] Well, how many golfers show up at 7.30 and buy beer?

[40:25] Your soul's to do good about after 11 o'clock after 11 o'clock. Yeah. Yeah. Yeah.

[40:32] It does depend on the golfer. You know, we do have a

[40:36] an Irish gentleman that comes and gets a whiskey at about 9 a.m. before T's off. So they are there.

[40:45] Yeah. I just know because they're the providers of all the alcohol on the course, right? So if

[40:50] somebody showed up at nine and they expect to be out till what new one

[40:56] long to take to play four hours. They may want to stock up at nine a.m. So

[41:00] which like I'm totally fine being open nine. My stuff likes being there at nine.

[41:04] We do have a little bit of cells, but that's seven to nine o'clock window.

[41:07] There's basically nothing.

[41:14] If I can ask, where's my golf director?

[41:19] Can I ask you

[41:20] what your thoughts are?

[41:27] I'm completely fine with him waiting to open

[41:30] And then till nine on these slower play days, the only times, and I usually give him a heads

[41:37] up when we're having tournaments and stuff where he would need to be there early or have

[41:42] his stuff there early.

[41:44] It's completely fine.

[41:45] And we have waters.

[41:47] If they want waters, we've got coffee.

[41:49] We've got the things that they need unless it's food related.

[41:52] And then, you know, we're kind of giving them a heads up on the phone, hey, FYI, they're

[41:56] not going to be open till nine.

[41:57] So grab a breakfast taco on our way in.

[42:01] Okay. Thank you.

[42:03] You're welcome.

[42:04] If I could Amanda.

[42:06] What are your thoughts about the May through September?

[42:09] Having them be there earlier?

[42:10] Did you think that's required?

[42:11] Or do you think that?

[42:12] I think it's absolutely probably going to be necessary for them to be there earlier.

[42:16] Um, and September 730.

[42:17] Uh-huh.

[42:18] That way.

[42:18] Yeah, I think they're there.

[42:20] They'll be pleasantly surprised with the business picking that.

[42:23] I think that's really going to be it back.

[42:26] Yeah.

[42:30] 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.

[42:45] 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.

[42:56] I think we could have a line that said Thursday through Saturday, 7.34 p.m.

[43:04] Turn on its and May through September.

[43:06] May through September.

[43:08] And then a Thursday through Sunday, the rest of the time, 9.4.

[43:14] I mean, it's a quick and easy one-line amendment.

[43:20] Anybody else?

[43:21] Well, I'll entertain a motion then.

[43:24] And you'd pretty much repeat what you said.

[43:29] I can't.

[43:31] I would move that we amend the code.

[43:34] Well, should I wait till we hear the...

[43:36] You got your kitchen for something else too.

[43:38] Yeah, one more thing.

[43:38] Oh, okay.

[43:40] How about I hold off in motion?

[43:42] Yes.

[43:42] Okay.

[43:43] It'll be different.

[43:44] I didn't realize we had a second thing on that agenda here.

[43:47] Yeah, one other thing.

[43:51] On December 23rd, it was a Friday.

[43:54] We were going to be open at the bunker, but the heating system wasn't working in the building.

[44:00] It was 42 degrees in the building, so I couldn't be open.

[44:03] So on average, from the previous Fridays, we lost about $2,800 in sales that day because I was unable to open.

[44:11] So I was hoping we could put something in the contract where I was able to get reimbursed on profits for the days missed

[44:18] It's because the building wasn't able to be opened because the building is ran by the city.

[44:25] All right.

[44:25] I'm going to hold you right there.

[44:26] Joe, the question, my agenda says we're only discussing hours of operation start time

[44:34] to be amended.

[44:36] Are we allowed to discuss anything else on this agenda?

[44:39] Your agenda says concessional agreement.

[44:42] Okay, so this one does have conversation agreement, okay, so yeah, that's your cover.

[44:51] Yeah,

[44:54] so we just weren't able to open that day.

[45:00] 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.

[45:09] 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.

[45:30] So, I was hoping if this happens in the future with AC going out or something happening

[45:37] and I wasn't able to be open, how are we going to remedy that?

[45:48] Joe Wooder, our responsibilities are in the contract in lieu of his request.

[45:56] You're not required under the contract in my reading of the contract to give a reimbursement for a day that's closed

[46:03] because of HRAC failures. So it would be in your discretion to do something

[46:08] above and beyond what you're required to do under the contract. Thank you.

[46:13] So you're asking for a reimbursement and you're asking for something to be

[46:16] put into the contract for future? Yeah, if I'm not able to be open and I'm

[46:21] paying her in for that day and I'm not able to be open because it's 40 degrees

[46:23] inside the building and no one's eating 40 degree weather. Yeah, I'd like

[46:27] something to be in the contract to kind of cover me in instances like that.

[46:36] comments? I would just point out that

[46:43] section 6 of the concession agreement says

[46:48] facilities are as is only no warranties. City of Lago best expressly

[46:54] displays in any express or implied warranties with respect to the facilities

[46:59] including but not related to the facilities condition. Merchantability, fitness

[47:05] for a particular purpose or any implied war into your rising from course of performance,

[47:11] course of dealing, course of usage or trade, this waiver includes but it's not limited to any

[47:18] condition caused by the negligence of the city.

[47:23] And so you read the contract before you signed it,

[47:26] right? I read the contract. Okay.

[47:41] Okay. Thank you, ma'am. So, Joe, I was just going to ask you the

[47:44] question that this clause number six is that a typical clause that's in a lease or commercial

[47:50] lease for businesses? Yeah, that's pretty difficult.

[47:55] If we were to modify it, I mean, how

[48:00] would we modify it and would it be advisable? I'll ask you how would we modify it and I'll ask

[48:05] you would it be advisable to modify it? I'm just saying if something happens with the building

[48:09] that I'm paying rent for and I'm paid to rent for that Friday and I cannot be open because

[48:14] there's something that is the city has control over. I just feel like I'm not insured

[48:20] in that situation. And I totally get that but it sounds like this clause is a fairly difficult

[48:26] clause for commercial lease of a space. So that's why I'm asking Joe, the question would

[48:32] it be advisable for us to make any kind of modification about this particular issue?

[48:35] 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.

[48:57] Anybody else?

[49:00] All right.

[49:01] We

[49:03] entertain a motion if we're ready.

[49:07] I would move that we amend the contract by adding an additional line for Thursday through Saturday,

[49:17] today, stating 9 to 4 October through April, and then Thursday would stay Sunday, Sunday,

[49:32] 7th, 30 to 4 p.m. for May, 2 September. I'm assuming May 1 September 31st.

[49:42] All right.

[49:43] I have a motion. I have a second. I'll second that.

[49:47] All right. I have a motion and a second. Any discussion on the motion?

[49:53] All right. All those

[49:54] in favor say aye. Aye. All those opposed, nay? Very none. Motion carries, unanimous.

[50:03] Thank you, sir. Thank you. All

[50:07] right. We will now go back to agenda item number four.

[50:13] Routine reports from City Council Board Committee, commission liaisons. We were here two weeks ago.

[50:22] How many boards commissions met in the last two weeks? We shouldn't have too many reports,

[50:27] Unfortunately, sir, Councilor Dermatt and elected there are officers that's pretty much

[50:33] all they did.

[50:35] Just an effort.

[50:39] A-A-B.

[50:40] A-A-B.

[50:42] Oh, Parks and Reconnaissance as well in a receiver presentation from the Tricleys group

[50:49] and this, other than that, there was nothing at that point.

[50:57] All right.

[50:58] Did you get that?

[50:58] Okay. Yes. Councilor Robert. Building the standards meeting is, excuse me, building the

[51:07] standards commission is going to be meeting coming up soon. And sign ordinance is finally

[51:12] coming back. So we should see that soon here at Council.

[51:17] Sir, planning and zoning one week ago tonight had an interesting discussion. If you recall,

[51:24] All we sent the peninsula decision that had previously been made,

[51:31] we sent it back because of a notification issue.

[51:36] And previously, the history of that had been that PNZ recommended approval five to two.

[51:43] On a five to two vote came the council and I believe we approved that unanimously.

[51:49] We went back to PNZ.

[51:51] And there were a number of citizens that made comments, that had not made comments before.

[51:55] One member of PNZ was not there, and they were not able to come to a vote of any recommendation.

[52:03] And so they will be, I'm sending that on to us with no recommendation, neither for approval

[52:12] or denying.

[52:13] They could never come to something that could get a majority vote.

[52:16] So it will come back to us but with no recommendation of any sort from planning and so on.

[52:24] Thank you.

[52:25] Do you all stand on that end?

[52:28] All right.

[52:29] I did not.

[52:29] My use did not meet.

[52:30] So I believe that's it with our council report.

[52:33] And we go to number five.

[52:37] Consider approval of the January 19, 2023 meeting minutes.

[52:45] If I would, could you sir?

[52:47] So I found one item in the minutes.

[52:51] It was the one where Mr. Durbin had made the motion about Cap Metro and what we were

[52:56] going to forward on to the state legislature.

[53:00] I'm pass along the information to Miss Lucy and she made that correction so when we make

[53:05] the motion, we'll just say that it with the changes that she's already made.

[53:08] She had left out one little piece that we were going to forward along is about an email

[53:13] that I had passed along so she made that adjustment.

[53:16] She listened to the recording, made that adjustment and we should be good to go.

[53:25] I would make a motion that we approve the minutes as I modified by at least the early

[53:30] of this week.

[53:31] Second.

[53:32] Right.

[53:32] I have a motion and a second.

[53:33] Any discussion on the motion?

[53:36] All those in favor say aye.

[53:38] Aye.

[53:39] All those opposed nay?

[53:41] Hearing none.

[53:42] Motion carries unanimous.

[53:44] Minutes are approved.

[53:45] 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.

[54:05] As you know, I put out the disaster declaration, however, that is, I state law is only good

[54:12] for seven days, however, with the process that's involved with, you know, the FEMA funds

[54:22] and things that we could be possibly eligible for in the future, we would need to continue

[54:32] the disaster declaration. So this is on your agenda tonight to let me know if you want

[54:40] to continue the disaster declaration or not. Question?

[54:46] It seems pretty straightforward to me.

[54:52] I get an update today from the state regarding

[54:59] the funding. Is that something I can announce during this or does that not fall under the

[55:04] Disaster Declaration was the update related to your disaster declaration?

[55:11] Well, sort of, because the disaster declaration is something that is required in order for us to be eligible for the funding.

[55:20] Sounds like it is related to the effects of this disaster declaration and the impact of your decision here tonight.

[55:27] I could.

[55:30] So as you know, when it when it first came out, the state level was at

[55:35] 51 million dollars is what the threshold was in our update today. So far they're

[55:41] they've recorded just over seven million in damages. I

[55:48] don't know why it was so

[55:51] low because I think Austin had estimated like 29 million or something like that.

[55:55] So I don't know why, but what does that mean, the fact that we're so far underneath?

[56:02] I think it means that nobody's reporting.

[56:04] Yeah.

[56:04] And does that mean we're not going to get funds?

[56:08] If the state does not, the way it works, if the state does not, well first, let me put it this way.

[56:15] The state has a threshold of 51 million.

[56:18] The county, in addition to that, has not money-wise, but

[56:23] But the state has to meet their level of 51, and Travis County has to meet their level

[56:29] of 5.7.

[56:32] But I could say, I've heard Austin say as much as 29, 28 million, so I think it's just

[56:38] not hitting the reports, but-

[56:40] And I do have one additional question if I could, Mayor.

[56:42] We need to continue the emergency status so that we can receive funding if there's any

[56:48] that comes.

[56:48] Is that accurate?

[56:50] Yes.

[56:50] It's not really an emergency status. It's just a declaration of disaster.

[56:55] Okay, but if we were to lift this, we wouldn't get any funds that we're coming our way.

[57:00] Right. I thought what we're doing really is ratifying what the mayor did when he declared it.

[57:06] But we're also continuing it. Yes.

[57:09] Yeah. And then there's a reason for that because if we don't, we won't get any money if the money's

[57:14] coming. That's correct. I just want to make sure I understood that.

[57:20] Any other questions,

[57:21] comments on that?

[57:25] If there's not, I'll contain a motion. May or I move that on resolution

[57:33] 23-1989 that we approve and the continuation of the disaster declaration has presented

[57:43] in tonight's packet. So good. Okay, and we need to have, do we need to announce an effective

[57:51] effective date or just by this, is it make this the effective date?

[57:55] Is it an effective second? I mean the sixth?

[57:58] Yeah, that would be the effective as of February 6th.

[58:03] Are you saying for the effective date of the ratification?

[58:08] Right. So if they ratify it, does that make that establishes it as the effective date?

[58:14] Okay.

[58:16] 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.

[58:31] If they're ratifying what I put out, then it would start on the 6th.

[58:36] Okay. I just want to make sure we're all clear.

[58:38] sure. That's included in the resolution I was going to

[58:42] discuss so much. Okay. When I move that we accept it as

[58:47] written, that's included in there. Yeah, that is successful.

[58:50] In my head, I wanted, and it says, and establishing, I just wanted to

[58:54] make sure that that was the date we were establishing. Okay.

[58:58] I can change motion if needed. No, that sounds good. All right.

[59:02] I have the motion. Did I get a second? Yeah. You got to

[59:05] Okay, thank you. I have a motion and a second any further discussion on the motion

[59:11] All right all those in favor say aye. All right all those opposed nay

[59:17] Very none the motion carries unanimous resolutions approve unanimous

[59:26] and I have nothing else

[59:31] What time is it?

[59:34] And I will call this meeting adjourned at 7.28 p.m

[59:37] I've nailed it, 730.

Feb 16, 2023 City Council

Agenda

Transcript