[VII.4. Recognition and expression of appreciation to Keep Lago Vista Beautiful (KLVB) for its dedication and contributions to the Mosaic Garden, enhancing and beautifying the City of Lago Vista.]

SEVEN FOR RECOGNITION AND EXPRESSION OF APPRECIATION TO KEEP LAGO VISTA BEAUTIFUL CLUB FOR ITS DEDICATION AND CONTRIBUTIONS TO THE MOSAIC GARDEN, ENHANCING AND BEAUTIFYING THE CITY OF LAGO VISTA. I KNOW THAT I DO HAVE PEOPLE SIGNED UP TO SPEAK ON THIS ONE, SO I CAN READ THE PROCLAMATION AND THEN MOVE TO THAT, OR I CAN ALLOW YOU ALL TO SPEAK. WHAT'S YOUR PREFERENCE, JANICE? OKAY. LET'S SEE HERE. HOW MANY DO WE HAVE HERE? I'VE GOT ONE, TWO, 34567. OKAY. THEN I MAY. YES. OKAY. I'M HAPPY TO HAVE JANICE COME UP. AND I THINK YOU'RE ACTUALLY THE ONLY ONE ON THERE. OKAY. MAYOR SAULM COUNCILORS. I'M JANICE DIDIER, PRESIDENT OF KEEP LAGO VISTA. BEAUTIFUL. THANK YOU FOR GIVING US THIS OPPORTUNITY TO RECOGNIZE THE PEOPLE RESPONSIBLE FOR THE MAGNIFICENT POLLINATOR MOSAICS IN IN OUR DAWN DRIVE MOSAIC POLLINATOR GARDEN. THESE MOSAIC FIGURES WERE THE BRAINCHILD, THE BRAINCHILDREN OF DAN SELLERS, A LONG TIME MEMBER OF CLUB. AS HE TRAVELS AROUND LAGO VISTA, HE ENVISIONS POSSIBILITIES. WE HAVE BEEN ABLE TO MAKE SOME OF THESE VISIONS POSSIBLE THROUGH CLUB. DAN AND MINDY HENSON HAD HOPED TO INCLUDE MOSAICS IN THE ARTS PROGRAM, THE ARTS AND PUBLIC SPACES FOR KEEP LAGO VISTA BEAUTIFUL, AND THIS IDEA RESULTED FROM THAT COLLABORATION. AND I HAVE LOST MY PLACE ON MY PAPER. SO IF YOU WILL ALLOW ME, I DO NOT BELIEVE THAT EITHER OF THEM REALIZED THE EXTENT OF THE WORK INVOLVED OR THE COMMITMENT IT WOULD REQUIRE TO BRING THESE MOSAICS TO FRUITION. TODAY, WE'RE HERE TO THANK AND HONOR THE SEVEN WOMEN WHO COLLECTIVELY SPENT THOUSANDS, THOUSANDS, LITERALLY THOUSANDS OF HOURS. PLACING THESE TINY PIECES OF GLASS ON THESE MAGNIFICENT FORMS. TO CREATE THESE PIECES. IT TOOK HOURS AND PRECISION, AND NOW WE HAVE THEM ON THE STREET, SHIMMERING IN THE SUNLIGHT AND MAGNIFICENT BEAUTY. AS A SPRING RIPENS INTO SUMMER, THESE FIGURES WILL HAVE WILL HOVER OVER SOURCES OF NECTAR THAT WILL ATTRACT HUMMINGBIRDS, BUTTERFLIES AND BEES. A WELCOME WAYSTATION FOR THESE TRAVELERS, A WONDROUS SIGHT FOR THE ELEMENTARY SCHOOL STUDENTS AND

[00:15:06]

PASSERS BY. I WOULD LIKE TO INTRODUCE THESE WOMEN TO YOU AND MAY I INVITE THEM TO THE PODIUM. OKAY, SO I WOULD LIKE TO, IF YOU WOULD. LADIES, WHEN I CALL YOUR NAME, PLEASE JOIN ME UP HERE. MINDY HENSON. RHONDA WELDON. LORI FISH. MARSHA TEMPLE. CHRIS FOX. JUDY LANZA. AND LORI ENGELS. OKAY. AND. YES. OKAY. THANK YOU. KALEB WOULD LIKE TO PRESENT TO YOU LADIES A REPLICA OF THE PLAQUE THAT WILL APPEAR ON THE GARDEN SO THAT FOREVER. YOUR NAMES WILL BE REMEMBERED. YOU WILL BE REMEMBERED FOR YOUR INCREDIBLE WORK. AND I PERSONALLY WANT TO THANK YOU AND ALL MEMBERS OF CLUB ALSO WANT TO THANK YOU FOR YOUR INCREDIBLE DEDICATION. IN THE MIDDLE. IN THE MIDDLE, YOU CAN HOLD THIS. I'M GOOD. SQUISHED TOGETHER. GET TOGETHER LIKE YOU KNOW EACH OTHER. WE DO STILL LIKE EACH OTHER VERY MUCH. YOU DID. AND THANK YOU SO MUCH. SURE. YEAH. SO EACH ONE OF THESE CERTIFICATES WILL LIST PRESENTED TO YOU AND GRATEFUL RECOGNITION OF YOUR COUNTLESS HOURS OF DEDICATION, CREATIVITY, AND CRAFTSMANSHIP IN THE CREATION OF MOSAICS THAT ENRICH AND BEAUTIFY THE CITY OF LAGO VISTA, YOUR CONTRIBUTIONS HAVE CREATED A LASTING ARTISTIC LEGACY THAT ENHANCES OUR PUBLIC SPACES AND REFLECTS THE UNIQUE SPIRIT AND CHARACTER OF OUR COMMUNITY. WITH SINCERE APPRECIATION FOR YOUR TIME, TALENT, AND COMMITMENT, PRESENT THIS THE SECOND DAY OF APRIL 2026. THE CITY OF LAGO VISTA. MAYOR, THANK YOU, THANK YOU, THANK YOU. JUDY. CHRIS. WOULD YOU LIKE AN ESTIMATE OF WHAT WE THINK? WE SPENT 2766 HOURS ON THE PROJECT, AND THAT'S JUST LABOR. AND WE FIGURED IF WE WERE MODEST AND ONLY CHARGED 30,000, $30 AN HOUR, WHAT WAS THAT NUMBER, 80, $86,000? YEAH. THAT WE SAVED THE CITY BY DONATING THEM. REALLY APPRECIATE IT. IT WAS A LABOR OF LOVE FOR ALL OF US. THANK YOU. THANK. YOU. THANK YOU, THANK YOU SO MUCH. MAYOR. I, I THINK THE CITY OUGHT TO RECOGNIZE ALL THE CLUB FOR THE WORK THEY DO BECAUSE EVERY TIME I DRIVE BY ONE OF OUR FLOWER BEDS, THEY'RE OUT THERE WORKING ON THEM. THAT'S RIGHT. I SAW YOUR BIG. YOU'RE A STAR. WHAT DID YOU SAY? ALL RIGHT, I'LL NOW DO CITIZEN COMMENTS. LOOKING TO SEE IF I HAVE ANY THAT ARE NOT TIED TO AN AGENDA ITEM? I DON'T THINK SO. I THINK THEY ALL ARE. I'VE GOT ALL THE FOLKS ON THE HOT FUNDS AND I GOT ONE ON THE POOL USAGE, SO I'LL KEEP THOSE TIED TO THOSE AGENDA ITEMS. IS THERE ANYONE

[VIII. CONSENT AGENDA]

[00:20:03]

WHO WANTS TO SPEAK ON ANY NON AGENDA ITEMS? HEARING NONE I WILL MOVE ON TO EIGHT. THE CONSENT AGENDA. ALL MATTERS LISTED UNDER CONSENT AGENDA ARE TO BE CONSIDERED ROUTINE BY THE CITY COUNCIL WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE SEPARATE DISCUSSION ON THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM. THE CONSENT AGENDA WILL BE CONSIDERED SEPARATELY. I HAVE TWO ITEMS ON HERE. COUNCIL. ARE THERE ANY THAT YOU WOULD LIKE TO SEE REMOVED? I WOULD LIKE TO REMOVE CONSENT AGENDA ITEM NUMBER ONE. ANY OTHERS? OKAY WITH THAT THEN I WILL READ IN THE REMAINING CONSENT AGENDA. ITEM ITEM TWO ACTION REGARDING THE MARCH 19TH, 2026 CITY COUNCIL MEETING MINUTES. DO I HAVE A MOTION TO APPROVE? MISS CHAVARRIA? DO I HAVE A SECOND? SECOND FOR MR. PRINCE? ANY DISCUSSION ON THE MOTION? HEARING NONE. ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED SAY NAY IS APPROVED

[VIII.1. Approval of Ordinance No. 26-04-02-01 An Ordinance Of The City Of Lago Vista, Texas, Amending Chapter 14 Also Known As “Zoning Ordinance” Of The Code Of Ordinances, Specifically Exhibit A, Part Iv, Table B (Use Table), By Adding A New Use Category For Indoor Inventory Storage And Allowing Such Use In All C1, C2, C3, And Li Zoning Districts; Providing For Purpose And Intent; Providing The Amendment; Providing For Use Description; Providing For A Finding Of Fact Clause; Providing For Severability; Providing For A Repealer; Providing An Effective Date; Providing For A Projects In Transition Clause; Providing For A Codification And Publication Clause And Providing An Open Meetings Clause.]

UNANIMOUSLY, AND WE WILL GO BACK TO THE ITEM ITEM EIGHT ONE, APPROVAL OF ORDINANCE NUMBER 20 6-040201. AN ORDINANCE OF THE CITY OF LAGO VISTA, TEXAS, AMENDING CHAPTER 14, ALSO KNOWN AS ZONING ORDINANCE OF THE CODE OF ORDINANCES. SPECIFICALLY, EXHIBIT A, PART FOUR, TABLE B BY ADDING A NEW USE CATEGORY FOR INDOOR INVENTORY STORAGE AND ALLOWING SUCH USE IN ALL C ONE, C TWO, C THREE AND L I. ZONING DISTRICTS PROVIDING FOR PURPOSE AND INTENT. PROVIDING THE AMENDMENT. PROVIDING FOR USE. DESCRIPTION. PROVIDING FOR A FINDING OF FACT CLAUSE.

PROVIDING FOR SEVERABILITY. PROVIDING FOR REPEALER. PROVIDING AN EFFECTIVE DATE.

PROVIDING FOR PROJECTS IN TRANSITION CLAUSE. PROVIDING FOR CODIFICATION AND PUBLICATION CLAUSE. PROVIDING AN OPEN MEETINGS CLAUSE. MEMBERS. I PULLED THIS BECAUSE I'VE SEEN A NUMBER OF EMAILS RELATED TO THE PROCESS HERE. IF YOU ALL REMEMBER, WE HAD THIS AT THE LAST COUNCIL MEETING. THERE WAS SOME DISCUSSION ABOUT WHAT THE PLANNING AND ZONING GET TO SEE IN THEIR PACKET, WHAT WAS THEIR DESIRE TO MOVE FORWARD? WHAT COULD COUNCIL DO? I WAS GOING TO ASK BRAD IF HE COULD PROVIDE ANY CONTEXT ON. THERE WERE QUESTIONS ASKED ABOUT. AND THIS MAY REQUIRE COUNCIL TO WAIVE SOME CLIENT ATTORNEY PRIVILEGE IF YOU'RE NOT ABLE TO DISCUSS THIS. BUT THERE WAS PROCESS QUESTIONS WITH THIS ORDINANCE ABOUT IT GOING TO PLANNING AND ZONING. THEY DIDN'T FEEL LIKE THE PACKET WAS COMPLETE ENOUGH THAT THEY COULD RENDER ANY SORT OF REPORT. SO IT THEN CAME TO COUNCIL FOR A PUBLIC HEARING, BUT STILL NO REPORT. THERE WAS QUESTIONS SENT TO YOU. IS THERE STILL A LEGAL OBLIGATION, SINCE THIS IS A ZONING AMENDMENT, THAT WE NEEDED TO RECEIVE A REPORT FROM PLANNING AND ZONING, WAS THAT EVER RESOLVED? MAYOR, I BELIEVE I SENT A A LEGAL MEMO TO THAT EFFECT. I'D HAVE. I'M LOOKING FOR IT NOW. IF COUNCIL WANTS ME TO DISCUSS THAT MEMO IN OPEN SESSION, I'M HAPPY TO.

I JUST NEED A CONSENSUS OF THE BODY TO DO SO. I'M SEEING. HEAD NODS. YES. OKAY. LET ME FIND THE EMAIL. MAYOR. MR. BULLOCK, WHILE YOU'RE SEARCHING. TO BE HONEST, I DON'T REMEMBER SEEING AN EMAIL ON FROM YOU ON THAT SUBJECT. YOU MAY FIND ONE THAT'S AGAINST MY MEMORY THERE.

I DO REMEMBER VERBAL UPDATE AND WHAT I REMEMBER HEARING YOU SAY, WHICH YOU CAN CONFIRM OR CORRECT, IS THAT BY OUR ORDINANCE, THE REQUIREMENT IS FOR THE SUBJECT TO GO IN FRONT OF PLANNING AND ZONING. OUR ORDINANCE DOES NOT ACTUALLY REQUIRE THEM TO TO MAKE A RECOMMENDATION IN ORDER FOR COUNCIL TO MOVE FORWARD. SO THAT WAS MY UNDERSTANDING. AND THAT WAS WHY WHEN WE TALKED ABOUT THIS IN THE LAST MEETING, WE GAVE STAFF THE ASSIGNMENT TO CLEAN UP A FEW THINGS THAT NEEDED CLEANING UP IN THE IN THE IN THE ORDINANCE ITSELF.

AND IN FACT, WE WERE PRETTY CLOSE TO MAKING A MOTION TO APPROVE IT WITH, WITH AMENDMENTS NOTED IN OUR LAST SESSION. BUT IT GOT COMPLICATED ENOUGH THAT WE ASKED THEM TO BRING IT BACK ON CONSENT AGENDA, PRESUMABLY BECAUSE WE WERE ON GOOD LEGAL BASIS FOR DOING THAT.

SO I BELIEVE I SENT THEM. I'VE GOT AN EMAIL. LET'S SEE IF THIS IS THE RIGHT ONE. ALL RIGHT. SO I SENT IT. THERE WAS A QUESTION ON PROCESS EMAIL. AND ON MONDAY, MARCH 23RD, I SENT AN EMAIL OUT TO EVERYBODY. AND SO THE THE QUESTION CAME TO ME, WHICH I. BEFORE I GO ANY FURTHER, I ASSUME EVERYONE WANTS ME TO DISCUSS THIS. IS THAT OKAY? OKAY, SO THE QUESTION WAS WHETHER OR NOT COUNCIL CAN TAKE ACTION WITHOUT A RECOMMENDATION FROM P AND Z. AND SO THE ANSWER WAS IT'S NOT A SIMPLE YES NO QUESTION. SO STATE LAW REQUIRES FINAL REPORTS FROM PNC BEFORE

[00:25:06]

COUNCIL CAN ACT. THE LOCAL GOVERNMENT CODE IS THE CITY CODE. YOUR CITY CODE DISCUSSES THE ZONING AND REZONING, AND IT SAYS THAT THE PNC SHALL PREPARE A RECOMMENDATION FOR COUNCIL.

AND COUNCIL IS REQUIRED TO REVIEW THE RECOMMENDATION. SO THEY. AND THE I THINK THE THE CONTEXT IN WHICH THIS CAME UP BEFORE WHEN I HAD DISCUSSED THIS WITH THE PRIOR COUNCIL WAS WHAT IF PNC JUST REFUSES TO. DOES IT MAKE A RECOMMENDATION OR WHAT? WHAT DO WE DO THEN? WELL, THEY DON'T HAVE THE DISCRETION TO NOT MAKE A RECOMMENDATION. HOWEVER, WHAT DO YOU DO IF THERE IS NOT ONE? AND SO WHAT YOUR CODE SAYS IS THAT. LET ME GET TO THE RIGHT SECTION HERE. SO WHAT YOUR CODE SAYS IS THAT. WHAT HAPPENS IF, IF, IF A MATTER IS ZONING MATTER IS ON THE PNC AGENDA, BUT THEY DON'T MAKE A RECOMMENDATION PURSUANT TO SECTION 9.1 805B OF YOUR CITY CODE, IT SAYS THAT NO ACTION COUNCIL IS AUTHORIZED TO TREAT A NO ACTION AS A DENIAL, WHICH THEN MEANS YOU HAVE THE SUPERMAJORITY REQUIREMENT FOR APPROVAL. SO. SO TECHNICALLY SPEAKING, I MEAN, THEY'RE SUPPOSED TO GIVE YOU A RECOMMENDATION, BUT IF THERE IS NOT ONE, YOU ARE YOU MAY TREAT IT AS A DENIAL OR YOU MAY SEND IT BACK. THAT'S YOUR DISCRETION. SO THAT'S WHAT YOUR CODE SAYS ABOUT HOW TO TREAT A NO RECOMMENDATION. COUNCIL IS ANY DISCUSSION ON THIS ITEM. MR. HALL I HAD STRONGLY RECOMMENDED WE SEND IT BACK TO P AND Z WITH, IF NEEDED, A SPECIAL MEETING FOR THEM TO ADDRESS THAT. AND THAT'S THE WAY I VOTED ALSO. SO I DO THINK THAT'S THE LAW, AND I THINK WE SHOULD GIVE THAT OPPORTUNITY A CHANCE TO HAPPEN. I THINK I DO HAVE ONE MEMBER OF PNC, JEAN, I KNOW YOU'VE KIND OF HELPED US OR DISCUSSED THIS LAST TIME. WOULD YOU BE COMFORTABLE COMING TO THE MIC AND DISCUSSING, IS THIS SOMETHING THAT PNC FEELS SHOULD BE COMING BACK TO YOU? IT I THINK THERE'S BEEN A LOT MORE DISCUSSION SINCE THE LAST MEETING. IT'S PARDON ME, IT'S MY MY NAME IS JEAN HARRIS. IT'S MY UNDERSTANDING THAT P AND Z WOULD LIKE AN OPPORTUNITY TO SEE THE FINAL PRODUCT AND GIVE, YOU KNOW, GIVE IT A READING AND GIVE A RECOMMENDATION OF YES OR NO. AND I KNOW ONE OF THE ITEMS THAT WAS CALLED OUT IS STILL IN THE PROPOSED ORDINANCE NOW. SO YEAH, I THINK IT WOULD BE A GOOD IDEA. SPEAKING FOR MYSELF PRIMARILY, BUT ALSO I BELIEVE ON BEHALF OF P AND Z, I THINK THAT WOULD BE PROBABLY A PRETTY GOOD CONSENSUS STATEMENT. OKAY.

AND THAT'S PARTIALLY WHY I PULLED IT. I THINK THAT THERE'S A DESIRE FROM PNC FOR IT TO COME BACK, AND I WOULD LIKE TO GIVE THEM THAT OPPORTUNITY, BUT I WILL LISTEN TO THE REST OF COUNCIL. MISS CHAVARRIA, CAN YOU TELL ME WHAT PORTION YOU SAW IN HERE OFF THE TOP OF YOUR HEAD? YEAH, IT'S WELL, IT'S THE PART WHERE IT REFERS TO TABLE A AND TABLE A REALLY DOESN'T SEEM TO BE LINKED TO TABLE B. IT'S A DIFFERENT TABLE TALKS ABOUT DIFFERENT THINGS, WHEREAS TABLE B IS SPECIFICALLY THE USE DESIGNATIONS. AND IT SEEMS EXTRANEOUS AND IT DOESN'T BELONG. OKAY. MY ONLY CONCERN AND I BELIEVE MR. PRINCE HAD MENTIONED THIS PRIOR, IS THAT THIS BUSINESS IS BASICALLY ON HOLD, THAT THEY CANNOT CONDUCT BUSINESS UNTIL UNTIL THIS IS RESOLVED. SO I'M KIND OF CONCERNED THAT WE DIDN'T GET THIS LANGUAGE CLEANED UP ENOUGH IN TIME FOR THAT, FOR US TO GO AHEAD AND GET THIS APPROVED OR SENT BACK TO YOU GUYS. AND BECAUSE I KNOW THAT Y'ALL ARE WANTING TO MOVE THIS FORWARD, BUT IT JUST NEEDS TO BE, YOU KNOW, CLEANED UP AND APPROPRIATE. SO I'M WONDERING IF THERE CAN BE ANY AMENDMENTS MADE ON THIS TONIGHT SO WE CAN GET THIS BUSINESS SOME ANSWERS. MR. PRINCE. YEAH, MY COMMENT WOULD BE, YOU KNOW, PULL UP SOME HISTORY HERE WHEN I WAS TRYING TO OPEN A BUSINESS IN LAGO VISTA, IT IT FELT LIKE AT THE TIME THAT THE CITY WAS TRYING TO MAKE IT HARD TO OPEN

[00:30:05]

A BUSINESS. AND I THINK THIS IS ANOTHER EXAMPLE WHERE, OKAY, YES, WE HAD SOME TYPOS. WE MISSED IT. WE TALKED ABOUT IN CITY COUNCIL AT LEAST THREE SESSIONS AGO, OUR INTENT TO HELP THESE PEOPLE DO THIS BUSINESS, WE THOUGHT IT MADE SENSE. WE CAME UP WITH A STRATEGY FOR HOW TO GET IT DONE THAT WAS SENT TO PLANNING AND ZONING AND PLANNING AND ZONING SAID, BASICALLY, THERE'S SO MANY TYPOS IN HERE, WE CAN'T DEAL WITH IT. GO FIX THE TYPOS AND BRING IT BACK TO US. WE SUBSEQUENTLY MET IN CITY COUNCIL AND WE SAID, LET'S JUST GET THIS DONE. IT SHOULDN'T BE THIS HARD. LET'S JUST GET IT DONE. AND SO WE TRIED TO DO IT IN OUR LAST SESSION. WE CAME THIS CLOSE TO PASSING IT. WE SAID, BRING IT BACK ON CONSENT.

IT'S BACK ON CONSENT. AND NOW WE'RE GOING TO SEND IT BACK TO PLANNING AND ZONING. THIS IS JUST IT'S COUNTER TO THE INTENT IS MY TAKE. YOU KNOW THIS, IT SHOULDN'T BE THIS HARD. AND YEAH, I RESPECT PLANNING AND ZONING AND THEY WANT TO SEE THE CLEAN AND FINAL. BUT YOU KNOW, IF THIS WAS COMPLICATED, I'D GET IT. BUT IT IT'S NOT COMPLICATED. IT'S A STRAIGHTFORWARD THING. SO I THINK WE SHOULD JUST APPROVE IT. APPROVE IT TONIGHT. MR. BENNEFIELD, I AGREE WITH MR. PRINCE. THE THE PLANNING AND ZONING HAD AN OPPORTUNITY TO REVIEW IT. THEY HAD NO ACTION, WHICH IS ESSENTIALLY LIKE SAYING WE DON'T APPROVE IT OR RECOMMEND IT. BUT TO MR. PRINCE'S POINT, THIS THIS JUST MAKES SENSE. IT'S NOT A COMPLICATED PROCESS. AND, YOU KNOW, FROM MY UNDERSTANDING, THE PLANNING AND ZONING WASN'T AGAINST IT. THEY ACTUALLY WERE IN FAVOR OF IT. THEY JUST WANTED IT CLEANED UP. AND, YOU KNOW, BARRING A FEW ISSUES WITH THE TABLE, YOU KNOW, LET'S, LET'S LET THIS GET THIS BUSINESS, GET TO BUSINESS. I THINK MY OTHER COMMENT WOULD BE THAT IT ISN'T JUST ABOUT SOME CONCERNS OVER WHAT'S IN THE ORDINANCE. THERE IS A CONCERN THAT HOW WE DID THE PROCESS.

AND I KNOW, BRAD, YOU'VE GIVEN YOUR OPINION ON IT, BUT THERE ARE OTHERS WHO BELIEVE THAT WHAT WE'VE DONE IS NOT LEGAL PER STATE LAW. YOU'RE 100% CONFIDENT THAT THERE COULDN'T POSSIBLY BE ANYTHING THAT WE DID HERE. DON'T EVER ASK A LAWYER TO BE 100% CONFIDENT OF ANYTHING. IT'S WHAT'S MADE ME TRUST YOU. I JUST KNOW I UNDERSTAND OF HOW COMMITTED THEY ARE TO THAT. SO, SO, SO WHAT I CAN'T TELL YOU AS I SIT HERE RIGHT NOW IS I MEAN, I'VE NOT LOOKED AT THE NOTICES THAT WENT OUT. I MEAN, I COULDN'T TELL YOU THAT THE BALANCE OF THAT OPINION OF THAT EMAIL THAT I READ TO YOU SAID, YOU KNOW, YOU STILL YOU, THE CITY STILL HAVE TO GO THROUGH THE PNC PROCESS. YOU HAVE TO PROVIDE ALL OF THE PROPER PUBLIC NOTICES. YOU STILL HAVE TO DO THAT. YOU CAN'T YOU COULDN'T NOT SEND IT TO PNC AT ALL AND JUST APPROVE IT THAT WAY. THAT WOULD BE A VOID PROCESS. SO I'M ASSUMING THAT ALL OF THE NOTICE BECAUSE I DON'T I'M NOT THAT PLUGGED INTO THE IN THAT GRANULAR LEVEL. BUT IF, IF ALL OF THE NOTICES WERE SENT OUT PROPERLY AND IT WAS PROPERLY AGENDA AND IT WAS PROPERLY NOTICED TO EVERYBODY UP THROUGH THE PNC PROCESS, THE FACT THAT THEY BASICALLY TABLED IT OR, YOU KNOW, DECIDED THAT THEY DIDN'T HAVE ENOUGH INFORMATION TO MAKE A RECOMMENDATION. YOUR CODE DEALS WITH THAT PROCESS. SO IN THAT RESPECT, ASSUMING ALL THE NOTICES ARE CORRECT, THEN THEN, THEN YEAH, YOU HAVE THE AUTHORITY TO TREAT THAT AS A NO. IT JUST REQUIRES THE SUPERMAJORITY FOR APPROVAL. SO THAT'S THE PART THAT'S THE PROCESS THAT'S SET OUT IN YOUR CODE. AND SITI, I JUST AS AN FYI, A NUMBER OF CITIES, I MEAN, MANY CITIES HAVE EITHER A PROVISION LIKE YOURS, WHICH IS IF PNC DOESN'T ACT, YOU CAN TREAT IT AS A NO OR IT. THEY PROVIDE THAT IF A P AND Z MAKES NO RECOMMENDATION OR TAKES NO ACTION AFTER X AMOUNT OF TIME, IT'S TREATED AS A NO, BECAUSE OTHERWISE IF NOT, THEN A P AND Z. AND I'M NOT SUGGESTING THAT THIS HAPPENS HERE, BUT JUST THE IDEA IS THAT A, P AND Z COULD TABLE SOMETHING INDEFINITELY, AND IF IT EVER GOES TO A CITY COUNCIL, THEN YOUR HANDS ARE TIED. WELL, THE LAW DOESN'T.

THAT'S NOT THE WAY THE LAW IS WRITTEN. SO. SO IF THERE'S NO ACTION TAKEN, YOU HAVE THE OPPORTUNITY, BUT YOU MAY SEND IT BACK AS WELL. SO IT'S YOUR IT'S YOUR PREFERENCE. EITHER APPROACH WOULD BE RIGHT. I CAN'T 100% GUARANTEE I NEED TO GO BACK AND LOOK AT ALL THE NOTICES AND MAKE SURE I'M HAPPY TO. I'M HAPPY TO DO ALL THAT. BUT THAT'S MY HESITATION TO GIVE YOU 100% GUARANTEE. AND I NEED A SUPERMAJORITY TO PASS THIS HERE TONIGHT. YES, SIR.

YEAH. BECAUSE YOU TREAT IT AS A NO. OKAY. BEFORE I BRING JEAN BACK, THEN MY QUESTION FOR JORDAN, IF YOU COULD COME TO THE MIC AND JUST SO THAT COUNCIL HAS A COVER OF SAYING YOU'VE LISTENED TO THE ATTORNEY AND NOW YOU'VE LISTENED TO STAFF, WAS EVERYTHING CORRECT WITH THE NOTICING? YES. SO EVERYTHING WAS PROPERLY NOTICED IN ACCORDANCE WITH STATE LAW, WITH WHAT OUR CODE STATES. EVERYTHING WAS DISCUSSED AT NAUSEAM AT THE PNC MEETING.

[00:35:03]

THERE'S REFERENCE TO OMG.COM. OKAY, SO JUST FOR THE RECORD, EVERYTHING WAS NOTICED PROPERLY IN ACCORDANCE WITH STATE LAW AND WITH WHAT OUR CODE DICTATES. WE SPOKE ABOUT BECAUSE THIS ITEM WAS DISCUSSED IN EXECUTIVE SESSION, THERE WAS LIMITED INFORMATION PROVIDED ON THE AGENDA REPORT, BUT IT WAS DISCUSSED WITH THE PLANNING AND ZONING COMMISSION. WITH THE EXTENT THAT MR. PRINCE FELT COMFORTABLE SHARING THE INFORMATION WITH WHAT'S ALLOWED UNDER STATE LAW. IT WAS NOTICED, APPROPRIATELY, TO COME BEFORE COUNCIL AS WELL, AND AT THE END OF THE DAY, IT WAS AT Y'ALL'S HANDS, AND I THINK MR. JEAN IS GOING TO TAG IN ON THIS PART AS WELL. THE ORDINANCE ITSELF LISTS EXHIBIT A BECAUSE THAT'S HOW OUR ZONING CODE IS WRITTEN.

IT'S CHAPTER 14, ADOPTED AS EXHIBIT A. IT'S NOT TALKING ABOUT TABLE AT ALL. WE'RE JUST TALKING ABOUT TABLE B, BUT BECAUSE OF THE WAY THAT WE'VE ADOPTED ALL OF OUR ORDINANCES, THERE'S THIS LONG CAPTION OF THINGS. IT'S EXHIBIT A, WHICH IS CHAPTER 14. AND WE'RE ONLY TALKING ABOUT USE TABLE B. AND THEN THIS WAS NOT RELATED TO WHY I PULLED IT, BUT I JUST THOUGHT OF IT. FOLKS AT THE AIRPORT WANTED TO CONFIRM, WOULD THIS ALLOW INDOOR STORAGE AT THE AIRPORT IN THEIR HANGARS? SO THERE IS A SPECIFIC ZONING CATEGORY CALLED C2A OR C1A OR SOMETHING. TO THAT EXTENT, WE DID NOT INCLUDE THIS IN A USE IN THAT JUST BECAUSE OF THE FACT THAT THERE WAS NO. THE WAY THAT IT'S ESTABLISHED IS ALMOST AN OVERLAY INCENSE. AND SO THAT IN ORDER TO MAKE CHANGES TO THAT DISTRICT, I THINK IT WOULD BE A LARGER CONVERSATION BECAUSE IT'S TREATED AS AN OVERLAY, BUT IT'S ALSO NOT EXACTLY AN OVERLAY, IF THAT MAKES ANY SENSE. SO WE DIDN'T INCLUDE IT AS PART OF THE PROVISIONS, BUT THEY ARE ALLOWED A DIFFERENT TYPE OF STORAGE WITHIN THE, THE, THE DISTRICT THAT'S SET UP AS AN OVERLAY. AND YOUR OPINION, IS THERE ANY SORT OF STORAGE GOING ON UP THERE THAT WE NEED TO CONSIDER THIS COVERING, OR DO YOU THINK THAT THIS IS NOT AN ISSUE FOR THIS TIME? I DON'T KNOW IF I, I WOULDN'T WANT TO SPEAK FOR THE AIRPORT. I AM NOT UP THERE ENOUGH TO MAKE THAT DECISION. I'M NOT ON THE ADVISORY BOARD AS A STAFF LIAISON. AND SO I DON'T WANT TO SPEAK FOR THEM IF IT COMES TO SOME KIND OF AMENDMENT OR ADDING IT, THAT IS AT YOUR DISCRETION TO DO SO TODAY, OR IT'S SOMETHING THAT WE CAN LOOK AT AND COME BACK WITH ANOTHER PROPOSAL AT THE TIME THAT IT'S APPROPRIATE. OKAY. IS THERE A DOWNSIDE TO US AMENDING AND PUTTING ON HERE ANYTHING THAT WE WOULDN'T BE THINKING OF THAT WE'D REGRET LATER? YEAH. WELL, SO BECAUSE OF THE USE ITSELF IS VERY SPECIFIC TO JUST INDOOR STORAGE. IF THEY'RE DOING IT ALREADY, IT JUST COVERS THEIR BASES. IF THEY'RE NOT DOING IT HAS TO BE INDOORS. CAN'T ENCOURAGE ANY HEAVY TRUCK TRAFFIC, CAN'T ENCOURAGE INDUSTRIAL OPERATIONS. AND SO IT, YOU KNOW, I MEAN, IT'S, IT ULTIMATELY AT YOUR DISCRETION, BUT THE WAY THAT WE'VE PROPOSED THE DESCRIPTION OF THE USE, IT'S PRETTY LIMITED INTO WHAT IT ALLOWS. SO THAT'S OUR INTENT.

AND I'M SORRY TO INTERRUPT, BUT IF THERE WERE IF THERE WERE A FLOOR AMENDMENT TO EXPAND, YOU KNOW, C ONE, TWO, THREE, AND NOW YOU WANT C FOUR, FIVE OR WHATEVER THEY ARE, IF THERE WERE THAT KIND OF AN AMENDMENT, YOU'D HAVE TO START THE PROCESS OVER BECAUSE YOU HAVE NOT NOTICED IT FOR C45. SO SO THAT THAT THAT TYPE OF AMENDMENT WOULD BE INAPPROPRIATE OR YOU'RE I MEAN YOU COULDN'T YOU YOU CAN'T DO THAT. SO IF YOU WANT TO, IF YOU WANT TO EXPAND THE SCOPE, YOU CAN EXPAND THE SCOPE, BUT THEN YOU HAVE TO SEND IT BACK TO PNC AND YOU START ALL OVER AGAIN JUST WITHIN YOUR DISCRETION. BUT THAT'S THE EFFECT OF YOU COULD NOT ADOPT THAT KIND OF AN AMENDMENT. OKAY. I WAS ASKED BY FOLKS AT THE AIRPORT, SO I'VE ASKED IT. I THINK ANYONE ELSE HAVE QUESTIONS FOR JORDAN BEFORE I GO BACK TO JEAN? OKAY.

THANK YOU JORDAN. THANK YOU, MR. HARRIS. YEAH. YES. I JUST WANTED TO POINT OUT THAT I MADE AN ERROR IN READING AND IN A QUICK CONVERSATION WITH JORDAN, I WENT BACK AND LOOKED, AND I'M IN AGREEMENT THAT IT DOESN'T REFERENCE TABLE A AT ALL. SO STRIKE THAT FROM THE HARD DRIVE.

MY APOLOGIES. THANK YOU. JEAN. WELL, MAYOR PRO TEM, I'M JUST SIMPLY GOING TO SAY THAT I THINK THAT IF THE AIRPORT IS INTERESTED, YOU KNOW, THAT IS WORTHY OF SOMETHING THAT WE MIGHT CONSIDER. HOWEVER, THAT IS NOT ON A. IT DOESN'T HAVE. OUR SMALL BUSINESS IS WHAT IS DRIVING IN MY MIND. YOU KNOW, THE THE IMPETUS TO GO AHEAD AND MOVE FORWARD. WE DO HAVE A LITTLE MORE TIME. IF WE WANTED TO DO THAT AND SEND IT TO PNC, LIKE WHAT WE DISCUSSED, YOU KNOW, FOR THE AIRPORT CONSTITUENTS, IF THEY FEEL THAT THAT'S IMPORTANT. SO I JUST WANTED TO MAKE THAT NOTE. THANK YOU. IF THERE'S NO OTHER DISCUSSION, I'M OPEN TO A MOTION. MAYOR, I WOULD MOVE THAT. WE APPROVE CONSENT. AGENDA ITEM ONE, THE ORDINANCE

[00:40:03]

NUMBER 20 6-040201. I HAVE A MOTION FOR MR. PRINCE. DO I HAVE A SECOND? I'LL SECOND HAVE A SECOND FOR MISS CHAVARRIA. ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR? SORRY, MR. HALL, I'LL JUST SAY THAT BASED ON THE DISCUSSION TODAY, I'M COMFORTABLE WITH US MOVING FORWARD ON THAT. OKAY. THANK YOU. IF THERE'S NO MORE DISCUSSION, ALL THOSE IN FAVOR, SAY AYE. AYE. ALL THOSE OPPOSED, SAY NAY. IT IS APPROVED. IT IS UNANIMOUSLY APPROVED. MAYOR, BASED ON THE DISCUSSION THAT WE HAD, IT SOUNDS LIKE AS LIAISON, THE PNC AND STAFF, THERE WAS A GUIDANCE. I WANTED TO MAKE SURE I GET CONSENSUS HERE FOR PNC TO TAKE UP A POTENTIAL FUTURE AMENDMENT TO ADD THE CHECK MARK FOR THE FOR THIS ITEM TO THE AIRPORT ZONING. AM I INTERPRETING THAT CORRECTLY? YES, I THINK SO, YES. THANK YOU TO THE COUPLE FRONT RIGHT HERE.

WHAT IS YOUR ADDRESS? 3405 BOONE DRIVE. OKAY, I'M GOING TO BRING UP ITEM NINE TWO,

[IX.2. Consideration and possible action to approve Resolution No. 26-2201; vacation of easement application for 3405 Boone Dr.]

CONSIDERATION OF POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 20 6-2201. VACATION OF EASEMENT APPLICATION FOR 3530 405 BOONE DRIVE. AND I WILL GO TO JORDAN. MAYOR AND COUNCIL.

AS WE DISCUSSED AT OUR LAST WORKSHOP MEETING ABOUT THIS ITEM, THERE WAS DISCUSSIONS REGARDING THE PROCESS AND WHETHER IT WAS WILLFULLY IGNORED OR UNINTENTIONAL. STAFF HAS DONE A DEEP DIVE INTO THE RECORD OF THIS ADDRESS AND MORE PARTICULARLY, THE PROCESS OF THE CONSOLIDATION. AND IT WAS A BIT OF A MESS. SO I'VE IT'S IN THE PACKET. I'VE SPOKEN AD NAUSEAM ABOUT THE PROCESS. I DON'T BELIEVE IT WAS WILLFULLY IGNORED. I EVEN SPOKE WITH THE PROPERTY OWNERS WHO ARE HERE TO ASK OR ANSWER ANY QUESTIONS AS WELL. MY UNDERSTANDING AND WHAT I BELIEVE FROM THE PAPER TRAIL THAT THERE IS, THERE WAS NO GUIDANCE. THERE WAS NO CHECKLIST. THERE WAS NO SUPPORT AT A STAFF LEVEL. IN FACT, SOME OF THE COMMENTS THAT I'VE HEARD AS TO WHAT THEY WERE TOLD, I'M NOT SURPRISED THAT IT HAPPENED. THAT'S NOT THE WAY WE SHOULD BE DOING BUSINESS. PART OF OUR JOB IS TO EDUCATE, TO WALK THROUGH, AND UNFORTUNATELY, THEY DID NOT RECEIVE THAT FROM THE STAFF THAT THEY REACHED OUT TO BACK IN JUNE WHEN THEY ORIGINALLY CREATED THE APPLICATION. SO I'M HERE TO ANSWER ANY QUESTIONS. IF THERE ARE ANY PROPERTY OWNERS ARE HERE TO ANSWER ANY QUESTIONS, IF THERE ARE ANY. MISS JORDAN, THANK YOU FOR THAT CLARIFICATION. AND I JUST WANT TO REITERATE, THIS IS VERY IMPORTANT THAT WE RECOGNIZE THAT THIS IS THE REASON WE'VE MADE THE RECOMMENDATIONS FOR CIVIC NAVIGATION. WHEN THESE ANSWERS ARE NOT BEING GIVEN TO OUR COMMUNITY, WHEN THEY'RE SEEKING THEM. AND SO DECISIONS FROM COUNCIL CANNOT BE MADE IF WE'RE NOT GIVEN THE CORRECT INFORMATION AT THE TIME. AND SO YOUR CLARIFICATION IS VERY IMPORTANT, AND I APPRECIATE THAT, BECAUSE IF HAD THIS BEEN AN INSTANCE OF WILLFUL DISREGARD FOR OUR CITY ORDINANCES, THIS WOULD BE A WHOLE DIFFERENT CONVERSATION. AGREED. AND WE HAVE CASES WHERE THAT IS THE CASE. THIS I DO NOT BELIEVE. IS THAT SO? I APPRECIATE IT, THANK YOU. ANY CITIZENS LIKE TO SPEAK ON THIS ITEM? IF YOU HAVE QUESTIONS. MAYOR PRO TEM I ACTUALLY I WOULD, I WOULD JUST LOVE TO HEAR FROM OUR RESIDENTS SO THAT WE GET A CLEAR PICTURE OF POTENTIALLY WHERE WE HAVE SIGNIFICANT ROOM FOR IMPROVEMENT. AND I APPRECIATE THAT. SURE. HERE TO ANSWER ANY QUESTIONS. SO IN TERMS OF THE PROCESS, WHAT DO YOU FEEL WOULD HAVE BEEN HELPFUL TO YOU AS WE WENT THROUGH THIS SO THAT YOU COULD UNDERSTAND WHAT WOULD YOU LIKE? OH, WE CAME THREE TIMES TO THE OFFICE AND WE WERE TOLD, JUST GO, GO AND DO IT ONLINE. GO FIGURE IT OUT. AND SO THAT'S WHAT WE DID. AND WE, YOU KNOW, WE'RE OLDER PEOPLE, WE DON'T KNOW HOW TO CHEAT OR DO ANYTHING LIKE THAT. SO IT WAS VERY DIFFICULT, VERY, VERY DIFFICULT. NOT NO GUIDANCE WHATSOEVER. JUST GO ONLINE AND DO WHAT YOU NEED TO DO. SO IT WAS, YEAH, WE TRIED TO DO WHAT WE NEEDED TO DO. WE WENT BACK AND FORTH A COUPLE OF TIMES AND THEN FINALLY WE GOT AN EMAIL SAYING, OR WAS IT TEXT, TEXT MESSAGE SAYING THE INSPECTION WAS APPROVED. YOU CAN GO AHEAD.

AND WE STARTED THE PROCESS, TALKED TO AN INSPECTOR. WE NEVER MET HIM. I DON'T EVEN KNOW THEIR NAMES. AND LIKE SHE SAID, ALSO, WE WERE SURPRISED WHEN WE GOT THE TEXT. IT SAID INSPECTION IS COMPLETE. AND I ALSO I, I EMAILED THE DEVELOPMENT DIRECTOR MANY, MANY, MANY TIMES AND CALLED AND LEFT VOICEMAILS AND I WOULD NEVER GOT AN ANSWER. AND I THINK I FINALLY COPIED CHARLES WEST ON AN EMAIL AND IMMEDIATELY GOT AN ANSWER BACK FROM THE DEVELOPMENT DIRECTOR. SO IT WAS A DIFFICULT PROCESS TO SAY THE LEAST. YEAH, YEAH, I APPRECIATE

[00:45:07]

YOU GOING THROUGH THAT. THAT GIVES US A LITTLE BIT OF INSPIRATION AS WE MOVE FORWARD ON FIXING THAT VERY THING. THANK YOU. OKAY. THANK YOU, MR. PRINCE. I WAS JUST GOING TO SAY, FOR THE RECORD, THAT DEVELOPMENT SERVICES DIRECTOR THAT THEY MENTIONED THAT WAS NON-RESPONSIVE IS NOT OUR CURRENT DEVELOPMENT SERVICES DIRECTOR. WE UNDERSTAND THAT TOO. AND WE DO HAVE ANOTHER PROJECT THAT WE'RE WAITING ON AND WE'VE BEEN LIKE HALTED ON THAT. SO IF WE COULD GET THIS APPROVED, IT WOULD BE REALLY NICE TO CONTINUE WITH OUR NEXT PROJECT. YEAH. I JUST WANTED TO JUST THANK YOU FOR YOUR PATIENCE AND LIKE THIS GOING FORWARD. I KNOW THAT YOU ALL HAD ANTICIPATED THIS BEING TAKEN CARE OF, YOU KNOW, LAST COUPLE OF SESSIONS. SO BUT THANK YOU FOR BRINGING THAT TO OUR ATTENTION BECAUSE THAT'S THE ONLY WAY WE'RE GOING TO IMPROVE. AND LUCKILY, I THINK WE'RE GOING TO, YOU KNOW, REACH THE DECISION WE NEED TO TONIGHT. THANK YOU. AND I APPRECIATE JORDAN'S HELP TOO. IT SOUNDS LIKE THINGS ARE GOING TO BE EASIER FOR THE NEXT PROJECT. THANK YOU. YEAH. I JUST SAY THANK YOU FOR BEING PATIENT RIGHT NOW. AND, YOU KNOW, APOLOGIZE. YOU GUYS WERE HERE FOR THAT MEETING. AND ALL I COULD SAY WAS IT'S IT HAS TO COME TO COUNCIL AGAIN AND WE MEET CERTAIN TIMES, BUT THIS IS THE STUFF THAT IS A LITTLE GUT WRENCHING TO ME BECAUSE, YOU KNOW, WE SAY ALL THE TIME THAT GOVERNMENT MOVES SLOW, BUT YOU'VE ACTUALLY EXPERIENCED THAT HOW SLOW THAT IS. SO EVEN WHEN YOU HAVE A NEW DEVELOPMENT DIRECTOR HERE WHO UNDERSTANDS THE PROBLEM TO GET THE FIXES IN PLACE, IT'S IT JUST TAKES TIME. AND I HATE THAT. AND SO JUST APPRECIATE THAT WHAT YOU GUYS HAVE DONE TO HELP. AND I APPRECIATE JORDAN AND HER EMAIL TO COUNCIL WAS FILLED WITH A GREAT AMOUNT OF HUMILITY. THAT WASN'T DUE BECAUSE IT WASN'T HER, BUT IT WAS A RECOGNITION THAT THE CITY HAD DONE YOU WRONG. AND SO WE OWE YOU A GREAT APOLOGY. SO THANK YOU SO, SO MUCH. YEAH. THANK YOU. OKAY, OKAY. THANK YOU. WELL, WITH THAT, I WILL TAKE A MOTION. I HAVE A COUPLE COMMENTS. OKAY. MR. BENNEFIELD. JORDAN, THE SURVEY, IT HAS A COUPLE LETTERS ATTACHED TO IT, YOU SEE. WHAT IS WHAT DOES THAT MEAN? AFTER THE NUMBERS. SO IT SHOULD SAY LOT NUMBER LETTER. SO WHEN LOTS ARE CONSOLIDATED FOR ACCOUNTING PURPOSES OF PLANNING, THEY TAG LETTERS AT THE END OF IT SO THAT YOU CAN SEE THESE HAVE BEEN CONSOLIDATED. AND AT ONE POINT THEY WERE TWO LOTS. AND WHEN YOU SMUSH THEM TOGETHER, THEY GET A LITTLE LETTER AT THE END OF IT. AND A LOT OF IT'S BASED IN TRAVIS COUNTY AND THE ORIGINAL PLAT, BUT THE LETTERS JUST SAY THESE LOTS HAVE BEEN SMUSHED TOGETHER IN SOME WAY, SHAPE OR FORM. SO I'M NOT BEING CRITICAL TO ANYBODY OR ANYTHING, PARTICULARLY WITH THE HOMEOWNERS. BUT I THINK THAT'S ACTUALLY THE ISSUE THAT OCCURRED HERE, IS THAT THE SURVEY THAT WAS SUBMITTED TO THE CITY. GAVE THE ILLUSION THAT THE PROPERTIES WERE ALREADY CONSOLIDATED, AND THAT WAS WHY THIS DID NOT GET FLAGGED. SO IT HAD THE LOT DESCRIPTION AND THEN IT HAD THE AC. AND THE AC IS THE IDENTIFIER THAT SAYS OH, THESE ARE CONSOLIDATED. SO MY PARTICULAR ISSUE HERE IS AND I'M NOT VOTING NO AGAINST THIS, I'M VOTING YES. SO ANYTHING I'M ABOUT TO SAY ABOUT THAT'S OKAY. BUT I'M NOT GOING TO APOLOGIZE EITHER. IS THAT JUNE 17TH? IT WAS CLEAR THAT EVERYBODY KNEW THAT THERE HAD TO BE A CONSOLIDATION OF LOTS BECAUSE YOU SUBMITTED AN APPLICATION. THEN YOU SUBMITTED AN APPLICATION ON SEPTEMBER 11TH SAYING YOU WANTED A SWIMMING POOL. YOU WENT THROUGH THAT WHOLE PROCESS, BUT AT NO POINT IN TIME WE MIGHT EVER SEEN AN APPROVAL FOR THESE LOT CONSOLIDATIONS. AND SO WHAT ENDED UP HAPPENING IS THAT WE HAD AN APPLICATION GET SUBMITTED. IT GOT, I THINK, READ CORRECTLY FROM THE CITY BECAUSE IT SHOWED THAT THEY HAD BEEN CONSOLIDATED. BUT THEN THIS FULL PROCESS WENT THROUGH. THEY WENT AHEAD AND BUILT THE BUILDS, BUT DIDN'T ACTUALLY GET THE APPROVAL, WHICH WE UNDERSTAND WHY THAT PROCESS WAS TAKING A LONG TIME, BUT IS STILL BUILT. AND PROBABLY THE BIGGEST CONCERN OF ALL IS THAT NOBODY FROM THE CITY EVEN KNEW WHAT THE LOT CONSOLIDATION WAS, EVEN FOR WHEN IT WAS BROUGHT UP IN CITY COUNCIL THAT A POOL WAS BEING BUILT. EVERYBODY JUST HAD DEER IN THE HEADLIGHT. LOOKS LIKE, OH, THERE'S A POOL. I HAD NO IDEA. AND TO ME, THAT'S ANOTHER MAJOR RED FLAG IN THIS WHOLE PROCESS. BUT I THINK ACTUALLY BOTH PARTIES ARE TO BE HELD RESPONSIBLE HERE. I THINK IT'S UNFORTUNATE. I THINK IT'S A BAD THING. BUT THEY EVERYBODY KNEW BETTER TO SUBMIT THE APPLICATION AND IT WAS NEVER APPROVED. AND THOSE ARE THE FACTS. IS THERE ANY MORE DISCUSSION? I'M STILL OPEN TO A MOTION. THANK YOU. MAYOR, I'D LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 26 DASH 2201 WITH THE VACATION EASEMENT APPLICATION FOR 3405 BOONE DRIVE. I HAVE A MOTION FROM THE MAYOR PRO TEM. DO I HAVE A SECOND? I'LL SECOND, I HAVE A SECOND FROM COUNCILOR VAN NESS. ANY DISCUSSION ON THE MOTION? HEARING NONE. ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED, SAY NAY. IT IS APPROVED UNANIMOUSLY. OKAY. I

[X.1. Discussion and update on the City pool operations, including lifeguard hiring, staff research on costs associated with expanded hours, life vests, and other related items for the upcoming season.]

[00:50:15]

THINK I ACTUALLY WANTED TO MOVE TO WORK. SESSION ITEM ONE DISCUSSION AND UPDATE ON THE CITY POOL OPERATIONS, INCLUDING LIFEGUARD HIRING STAFF, RESEARCH ON COSTS ASSOCIATED WITH EXPANDED HOURS, LIFE VESTS AND OTHER RELATED ITEMS FOR THE UPCOMING SEASON. AND I HAVE DAVID, THAT IS A BIG BINDER YOU'RE BRINGING UP HERE. NO. WELL, ONLY THE FIRST 500 PAGES.

OKAY. YEAH, YEAH, THAT'S THAT'S A JUST IN CASE. WAIT, POP THAT BACK ON. I'M NOT JEAN, BUT I GOT TO GET A LITTLE HIGHER. ALL RIGHT. GOOD AFTERNOON, MR. MAYOR. MEMBERS OF THE COUNCIL.

SO THIS EVENING, WHILE THIS MORNING MAY NOT HAVE LOOKED MUCH LIKE SUMMER THIS MORNING, SUMMER IS FAST APPROACHING. AND THAT MEANS AQUATICS, THE POOL SEASON. AND FOLKS ARE SCREAMING, LET'S OPEN THE POOL, LET'S GET THINGS GOING. BUT THERE ARE A FEW THINGS THAT WE NEED TO DISCUSS IN THAT REGARD. DO YOU HAVE THE CLICKER OR SHALL I? OKAY. ALL RIGHT. THANKS. ALL RIGHT. SO LET'S BEGIN WITH LOCATIONS. SO JUST A REMINDER TO THE COMMUNITY THAT THE CITY ACTUALLY HAS TWO LOCATIONS FOR PUBLIC SWIMMING. WE HAVE THE CITY POOL AND WE OPEN THAT FROM MEMORIAL DAY WEEKEND. SO THIS YEAR THAT WILL BE MAY 23RD AND IT WILL RUN THROUGH LABOR DAY.

AND THAT'S TUESDAY THROUGH SUNDAY, 1 TO 8 P.M. 8 P.M. ACTUALLY REFLECTS ONE HOUR LONGER THAN LAST YEAR. SO KEEP THAT IN MIND AS WE WORK THROUGH. AND THAT'S PRIMARILY FOR SWIM LAP SWIM. WE'LL TALK ABOUT OTHER ACTIVITIES IN JUST A MOMENT. AND THERE ARE LIFEGUARDS ON DUTY WHILE THAT IS OPEN BECAUSE THAT'S THE LAW GOING BACK. I'M SORRY, JUST ONE.

SO THE OTHER LOCATION IS THE POOL AT TESSERA. FOR THOSE IN THE COMMUNITY WHO DON'T KNOW, THAT IS IN FACT OPEN AND AVAILABLE TO THE PUBLIC DURING MOSTLY THE SAME PERIOD, MEMORIAL DAY WEEKEND THROUGH THE FINAL SATURDAY, THE FINAL SATURDAY AND SUNDAY PRIOR TO SCHOOL STARTING. THE AGREEMENT STATES SUNDAY THROUGH THURSDAY, 8 A.M. TO 11:30 A.M. BUT JUST FOR NOTE, THE LAST COUPLE OF YEARS THAT ACTUALLY HAS BEEN RUNNING MONDAY THROUGH FRIDAY.

SO TRYING TO GET SOME CLARIFICATION WITH HEINZ ABOUT THAT. AGAIN, THE AGREEMENT STATES SUNDAY THROUGH THURSDAY. OPERATIONALLY, THEY'VE BEEN OUT THERE MONDAY THROUGH FRIDAY.

AND THOUGH TO SARAH POOL IS CLASSIFIED AS A CLASS C POOL BY THE STATE OF TEXAS, IT DOES DURING THOSE HOURS OPERATE AS A CLASS B POOL BECAUSE IT'S OPEN TO THE PUBLIC. AND SO DURING THAT PERIOD, LIFEGUARDS ARE MANDATED. SO LIFEGUARDS ARE ON DUTY AT TESSERA FROM 8 A.M. TO 11:30 A.M. NEXT, SIR. ALL RIGHT. SO OBVIOUSLY WE'VE TALKED ABOUT REC SWIM, BUT THERE'S A LOT MORE THAT GOES ON AT CITY POOL SPECIFICALLY. SO YOU SEE WE HAVE HOSTED A SWIM TEAM THERE FOR THE LAST SEVERAL YEARS. NOW THIS SCHEDULE IS NOT IN GRANITE. SO WE CAN TALK ABOUT ADJUSTMENTS IF THAT IF FOLKS ARE INTERESTED IN DOING THAT. BUT WE ARE IN DISCUSSIONS, FOR EXAMPLE, WITH THE SWIM TEAM HAVING CONVERSATIONS AS WELL WITH THE WATER AEROBICS INSTRUCTOR. SO AT THIS POINT, AGAIN, NOT IN GRANITE. H 11 A.M. TUESDAY THROUGH FRIDAY, WE'RE CLOSED ON MONDAYS. THAT'S OUR MAINTENANCE PERIOD AT THE POOL. WHEN CLEANING OCCURS. ANY MAJOR REPAIRS ISSUES, CONCERNS, THEY'RE ALL ADDRESSED ON MONDAYS. THEN WATER AEROBICS OCCURS TWICE A WEEK. I'M SORRY. YES, TUESDAYS AND THURSDAYS FROM 1130 TO 12:30 P.M. AND THAT RUNS FOR EIGHT WEEKS. THEN RECREATION SWIM FOLLOWS ALMOST IMMEDIATELY FROM THERE. THAT'S WHY THE TIMING THE POOL IS OPEN FROM 1 TO 8 P.M. TO THE GENERAL PUBLIC, BECAUSE THERE ARE THESE OTHER ACTIVITIES THAT ARE OCCURRING BEFORE THAT. PATRONS DO PAY A FEE TO ENTER FOR THAT.

AT THE SAME TIME THAT REX SWIM IS GOING ON, THERE IS ALWAYS AT LEAST ONE LANE THAT IS RESERVED FOR LAP SWIM, WHICH AMOUNTS TO 42 HOURS PER WEEK IN WHICH A LANE IS SPECIFICALLY RESERVED FOR LAP SWIMMERS. THEY CAN COME AT ANY POINT DURING THAT PERIOD. LIFEGUARDS ARE INSTRUCTED TO KEEP THAT LANE CLEAR OF ANY OTHER USES. THEN FINALLY, THE SWIM LESSONS ARE BEING PROPOSED.

WE ACTUALLY DID A COMMUNITY SURVEY VIA THE CITY'S NEWSLETTER IN MARCH, AND EVERY RESPONSE BUT ONE WAS A YES, WE WANT TO SEE SWIM LESSONS. THE ONE THAT WAS NOT A YES WAS A MAYBE NEVER GOT A NO, BUT WE GOT A MAYBE. AND SO AT THIS POINT, THE PLAN IS TO OFFER THOSE LESSONS. BUT IT'S MY UNDERSTANDING. GOT SOME CLARITY IN SOME CONVERSATIONS TODAY

[00:55:03]

THAT THE FOLKS ASSOCIATED WITH THE SWIM TEAM MAY ALSO OFFER SOME LESSONS. SO WE'LL WORK THROUGH THAT SO WE DON'T DUPLICATE THE EFFORT. SO WE'LL GET THAT FIGURED OUT. ONE POINT I DID WANT TO MAKE A NOTE OF. SO EARLIER I INDICATED CITY POOL IS A CLASS B POOL, MEANING WHEN THE DOORS ARE OPEN, A LIFEGUARD IS MANDATED TO BE ON DECK. IN FACT, PER TEXAS ADMINISTRATIVE CODE, TWO LIFEGUARDS SHOULD BE SCHEDULED. SO HISTORICALLY THEY HAVE NOT BEEN PRESENT FOR WATER AEROBICS. SO I'VE INDICATED THERE THAT THAT WOULD BE AN INCREASE IN COSTS, BECAUSE 48 HOURS OF LIFEGUARDING WOULD BE REQUIRED TO WORK IN CORRESPONDENCE WITH THE WATER AEROBICS CLASS. NEXT. SIR, PLEASE. ALL RIGHT. SO THIS THE CITY DOES NOT OPERATE ITS OWN AQUATICS PROGRAMS. WE CONTRACT THOSE SERVICES OUT. AND THERE ARE THREE PRIMARY AREAS. IT'S LIFEGUARDING SERVICES, IT'S POOL CLEANING AND IT'S CHEMICAL MAINTENANCE.

SO THIS YEAR, SHORTLY AFTER MY ARRIVAL, I REACHED OUT TO SEVERAL COMPANIES TO GET QUOTES FOR WHAT IT WOULD COST FOR THEM TO OFFER WHAT WE ARE ACCUSTOMED TO OFFERING. YOU CAN SEE THE THREE COMPANIES THAT ARE THERE. YOU CAN SEE THE RATES THAT THEY HAVE OFFERED. SO AT THIS POINT, THERE IS A TENTATIVE AGREEMENT WITH LIFEGUARD FOR HIRE AQUATICS 360, BUT THAT CONTRACT HAS NOT YET BEEN FORMALIZED. WE WILL BE WORKING ON THAT THIS MONTH. NEXT. SO SOME IMPROVEMENTS HAVE BEEN AND ARE STILL OCCURRING AT THE SITE CURRENTLY, LITERALLY TODAY. SO THERE IS AN AOP SYSTEM THAT HAS BEEN INSTALLED FOR THOSE WHO DON'T KNOW THAT, BECAUSE THOSE ARE MOSTLY ASSOCIATED WITH SPLASH PADS, BECAUSE IT'S TO PROTECT AGAINST CHLOROPYRIDINE OCCURRING WHEN WATER IS THRUST AND MADE AIRBORNE. SO PEOPLE FORGET WE HAVE SORT OF A SPLASH PAD WITHIN THE POOL FACILITY, AND WE DID NOT HAVE WHAT IS CALLED A SECONDARY SANITIZATION SYSTEM. SO THAT AOP SYSTEM, WHICH WAS INSTALLED IN THE FALL OF LAST YEAR, WILL RECTIFY THAT AND WILL ENSURE THAT WE MEET THE REQUIREMENTS IN ACCORDANCE WITH TEXAS ADMINISTRATIVE CODE.

SO THAT'S A BIG DEAL FOR US. SO NOT ONLY DO WE CHLORINATE THE POOL AND TAKE CARE OF THE CHEMICALS, BUT THERE IS AN ENTIRELY SECONDARY SYSTEM THAT'S OCCURRING AT THE SAME TIME TO ENSURE THAT THE POOL IS PROTECTED AND PRESERVED. THE TOYS, YOU CAN SEE PICTURES OF THEM THERE, THE SLIDE, THE BUCKETS, AND THEN WE ALSO HAVE THE MUSHROOM. ALL OF THOSE HAVE BEEN REPAINTED. THEY HAVE TO DO SOME SPOT STUFF. I WASN'T SATISFIED WITH THE LOOK, SO THEY'RE WORKING ON THAT. BUT ALL OF THAT HAS GOTTEN A FRESH COAT OF PAINT AND THEY ARE DRAMATICALLY IMPROVED IN THEIR APPEARANCE. SOME OF YOU MAY RECALL THE NETTING THAT EXISTED BETWEEN THE BEACHHEAD, THE SHALLOW END AND THE DEEP END. THAT NETTING IS GONE AND IT'S BEEN REPLACED BY ACRYLIC PANELS, SO IT'S NOW A SOLID BARRIER BETWEEN SHALLOW END AND DEEP END, MUCH MORE ATTRACTIVE. AND THERE WILL BE SOME DECALS ON THOSE CITY LOGO ON ONE AND THEN JUST SOME WAVE IMAGES ON THE OTHERS. BUT AGAIN, JUST TO GENERALLY MORE ATTRACTIVE LOOK.

AND THAT'S TRUE OF THE NET THAT EXISTED IN FRONT OF THE SLIDES SO THAT PEOPLE COULDN'T GET THAT TOO WILL BE REPLACED WITH ACRYLIC. THERE ARE A NUMBER OF ADA CORRECTIONS COUNCIL MAY RECALL THAT WE HAVE HAD ADA SURVEYS CONDUCTED AT THE SPORTS COMPLEX, WHICH INCLUDES THE POOL AT SUNSET PARK AND HERE AT THE CIVIC CENTER, INCLUDING THE LIBRARY. SO MY TEAM HAS BEEN HANDED THE BOOK, THE SURVEY FOR THE POOL, AND SO THEY HAVE HAD TO ADJUST THE HEIGHT OF DRINKING FOUNTAINS. THEY HAVE HAD TO ACTUALLY DO SOME FIXES ON THE DOORS TO THE ADA STALLS IN THE RESTROOMS TO MAKE SURE THAT THOSE ARE SELF-CLOSING. THEY HAVE HAD TO DO SOME PROTECTIVE COVERINGS ON THE SINKS AND A NUMBER OF OTHER THINGS, AND THEY ARE CONTINUING TO DO THAT AS WELL AS RESTRIPING THE PARKING DIRECTLY OUTSIDE. ALL OF THOSE CORRECTIONS WILL BE COMPLETED IN TIME FOR SUMMER, SO THAT WILL BE A GREAT THING FOR THE COMMUNITY THAT EVERYTHING THAT OUGHT TO BE ACCESSIBLE THERE AT THE POOL WILL BE ACCESSIBLE.

POOL FURNITURE IS BEING REPLACED. THAT WAS AN ITEM THAT COUNCIL INCLUDED IN THE BUDGET THIS YEAR. SO WE'RE GOING TO REPLACE THE LOUNGES, THE CHAIRS, AS WELL AS THE TABLES AND CHAIRS THAT ARE SITUATED UNDER THE UMBRELLA. SO AGAIN, JUST A NICE GENERAL REFRESH TO THE APPEARANCE LIFE JACKETS. WE HAVE SUBMITTED AN APPLICATION. I HAVE ATTENDED THE NECESSARY POOL SAFETY WEBINAR AND PASSED THE TEST. SO GOT MY CERTIFICATION. AND IN DISCUSSIONS WITH LIVE LIKE KATIE, THEY HAVE PROMISED US HOPEFULLY UP TO 40 LIFE JACKETS THAT WILL BE MADE AVAILABLE TO YOUNGER PATRONS AT THE POOL. ACTUALLY, I SHOULDN'T SAY

[01:00:03]

YOUNGER. THEY ACTUALLY GO UP THROUGH ADULT SIZES AND IF IN FACT WE GET THOSE 40, THEN WE WILL SHARE SOME OF THOSE WITH THE POOL AS WELL SO THAT THEY'LL BE ACCESSIBLE THERE TOO.

AND THEN THE OTHER CHANGE THAT I MADE ACTUALLY IMMEDIATELY LAST YEAR, BUT HAVE MANDATED FOR THE GROUPS. SO WHILE THE LAW SAYS THAT, THAT WE CAN GET BY BASED UPON THE NUMBER OF PEOPLE WHO ARE IN THE POOL TO A SINGLE LIFEGUARD, IF IT'S FEWER THAN 25, THE DISTANCE FROM ONE CORNER OF THE POOL TO THE OTHER IS SUCH THAT IT I'M NOT COMFORTABLE THAT WE WOULD MEET WHAT'S COMMONLY REFERRED TO AS THE 1020 RULE, WHICH IS THAT IF A LIFEGUARD IN FACT WERE SEATED ON THE SIDE OF THE POOL WHERE YOU SEE THE HANDRAILS COMING OUT OF THE POOL, AND SOMETHING OCCURRED LITERALLY IN THE OPPOSITE CORNER, I'M NOT CONVINCED A LIFEGUARD WITH PEOPLE IN THE POOL COULD GET TO THAT INCIDENT WITHIN 20S. SO I HAVE MANDATED THAT A SECOND LIFEGUARD IS ALWAYS POSITIONED ON THE OPPOSITE SIDE OF THE POOL. SO WHETHER THERE ARE FIVE PEOPLE IN THE POOL OR THERE ARE 50 OR THERE ARE 70, THERE WILL BE A MINIMUM OF TWO, TWO LIFEGUARDS, ONE WHO WILL BE IN THE DECK CHAIR AND THE OTHER WHO WILL WALK THE DECK BACK AND FORTH SO THAT WE CAN MORE IMMEDIATELY RESPOND TO INCIDENTS AS THEY OCCUR. NEXT SLIDE PLEASE. ALL RIGHT. SO POOL FEES. SO I SHOWED YOU A NUMBER OF ACTIVITIES THAT WE'VE GOT GOING WATER AEROBICS, THE SWIM TEAM, THE ONLY THING FOR WHICH WE CURRENTLY CHARGE FEES IS FOR RECREATION, SWIM SLASH, LAP SWIM. SO THAT PERIOD 1 TO 8 P.M. AND THAT'S TRUE OF TESSERA AS WELL FOR THAT PERIOD IN WHICH IT'S OPEN. THE REASON I'VE GOT A BOX AROUND THE TEN VISIT PASS IS THAT IS THE OBLIGATION FOR THE GENERAL PUBLIC THAT WANTS TO USE THE POOL. THE ONLY WAY THEY DO THAT IS VIA A TEN PASS, TEN VISIT PASS. SO THEY WOULD BUY THAT THEY'RE AVAILABLE FOR SENIORS, FOR ADULTS AND FOR CHILDREN. AND THEN WHEN THEY ENTER THE POOL DURING THAT 8 A.M. TO 11:30 A.M. PERIOD, THAT WILL BE CHECKED OFF, STAMPED WHATEVER, BY A LIFEGUARD WHO HAS BEEN ASSIGNED THERE AND PROVIDED BY THE HOA. OTHERWISE, YOU'VE GOT DAILY USE RATES, TEN VISIT PASSES AND SEASON PASSES THERE, AND ALL OF THOSE DO REALLY WELL.

IN ADDITION, WE OFFER PAVILION RENTALS. FOR THOSE OF YOU FAMILIAR WITH THE SITE, YOU'VE GOT TWO EXTENDED PATIOS ON EACH SIDE OF THE POOL. FOLKS CAN RENT ONE OR BOTH OF THOSE. SO THAT'S THE OTHER OPTION. WE DO NOT AT. IN CONVERSATION, SEVERAL CONVERSATIONS REGARDING THE SWIM TEAM. I CAN'T FIND AN AGREEMENT WHICH TROUBLES ME, SO WE'LL WORK THROUGH THAT ISSUE.

BUT IT'S MY UNDERSTANDING THAT THE SWIM TEAM USES THE FACILITY AT NO COST. IF THEY OFFER SWIM CLASSES, THEN THE CITY IS TO GET $10 PER REGISTRANT FROM THEM. I CAN'T SEE ANYTHING TO INDICATE THAT WE RECEIVED ANY OF THOSE REVENUES LAST YEAR. SO AGAIN, AN AGREEMENT WILL BE IN PLACE AND THE PROCESSES WILL BE TIGHTENED UP TO ENSURE THAT AT LEAST THAT IS PROVIDED. THOUGH, LOOKING AT THAT AND SEEING THAT NO COST FOR WATER AEROBICS, SEEING THAT QUESTIONABLE IN TERMS OF WHETHER OR NOT SWIM TEAM LESSONS, ETC. ARE PROVIDING ANY FEES, BUT THEN THOSE WHO JUST WANT TO COME IN FOR REC SWIM, EVEN TO ENTER THE FACILITY, THERE'S A COST ASSOCIATED WITH THAT. SO THERE'S A BIT OF AN INEQUALITY THAT EXISTS THERE, IN MY VIEW, THAT I THINK NEEDS TO BE A BROADER DISCUSSION. SO THAT'S THAT'S SOMETHING WE CAN ABSOLUTELY CHAT ABOUT. NEXT SLIDE PLEASE. SO POOL REVENUES FOR LAST YEAR. THERE'S A BREAKDOWN BY MONTH. AND THEN YOU CAN SEE THE SOURCES OF THOSE REVENUES. SO THERE WERE 32 POOL PAVILION RENTALS AT TESSERA POOL. THERE IS NOT BEEN MUCH USE BY THE GENERAL PUBLIC.

WE SOLD SIX OF THOSE TEN VISIT PASSES, AND MY EXPERIENCE LIVING UP THERE, WALKING THAT AREA CONTINUOUSLY. I RARELY SEE MUCH ACTIVITY DURING THOSE HOURS, SO WE WILL DO A BETTER JOB OF COMMUNICATING TO THE PUBLIC THAT THAT POOL IS AVAILABLE AND ACCESSIBLE TO THEM. AND I KNOW THAT THERE HAVE BEEN A NUMBER OF DISCUSSIONS ON SOCIAL MEDIA, ETC. ABOUT, YOU KNOW, WHAT, IF WE WANT TO SWIM IN THE MORNING, PERFECT OPPORTUNITY. SO ESSENTIALLY BETWEEN TO SARAH AND THE CITY POOL, THERE IS ONE, THERE IS WATER ACCESSIBLE TO YOU FROM 8:30 A.M. TO 8 P.M. WITH THE EXCEPTION OF AN AN HOUR AND A HALF AT LUNCH TIME.

SO THERE REALLY IS LOTS OF OPPORTUNITY FOR FOLKS IN THE COMMUNITY TO SWIM. SO I WOULD JUST REMIND THEM OF THAT TEN VISIT PASSES FOR OUR POOL, MILITARY FAMILY, SEASONAL PASSES, INDIVIDUAL SEASON PASSES, AND THEN FAMILY SEASON PASSES ARE THE BIG SELLER FOR US. AND IT'S CANDIDLY A HECK OF A DEAL. 100 BUCKS GETS YOU UP TO A FAMILY OF FIVE AS OFTEN AS

[01:05:07]

YOU WANT TO GO FROM MEMORIAL DAY TO LABOR DAY ANY DAY OF THE WEEK. SO THAT MAKES SENSE AS TO WHY THEY'RE SO BUT SO THE TOTAL THERE 17,758. YOU'LL SEE IN THE NEXT SLIDE, SIR, THAT THAT ESSENTIALLY REPRESENTS ABOUT 10% OF THE AQUATICS ONLY BUDGET. SO ROI, YOU GET A BUCK FOR EVERY TEN BUCKS YOU SPEND IS WHERE WE'RE AT NOW. THAT EXCLUDES THE 12% OF STAFFING.

THERE IS NO STAFFING BY LINE ITEM IN THE AQUATICS BUDGET. SO THOSE THOSE STAFFING HOURS COME OUT OF THE PARKS AND RECREATION BUDGET. AND THAT AMOUNTS TO ABOUT 12% OF THAT TOTAL. SO WHEN WE LOOK AT THE TOTAL COST OF POOL OPERATIONS, CURRENTLY IT'S CLOSER TO $217,000. AND JUST FOR REFERENCE, YOU CAN SEE THE PREVIOUS TWO YEARS AQUATICS ONLY BUDGETS BELOW THE 2324.

OBVIOUSLY IT WASN'T OPEN. THAT WAS THE YEAR THAT THE POOL WAS REPLASTERED. SO THAT'S THAT COST. BUT OTHERWISE, LAST YEAR WAS PRETTY CONSISTENT WITH THIS YEAR'S FIGURES. NEXT SLIDE PLEASE. SO THERE'S BEEN A DISCUSSION ABOUT AN EXPANSION OF THE HOURS. SO THE PRIMARY COST DRIVER IN THAT WOULD BE AGAIN CLASS B POOL LIFEGUARDS ARE MANDATED WHENEVER THE GATE IS OPEN. SO THE DRIVER WOULD BE THE PRESENCE OF LIFEGUARDS. SO MINIMUM OF TWO WOULD BE REQUIRED. SO IT'S 61 BUCKS AN HOUR FOR THAT. IF YOU GO TO THREE WHICH HAS OUR STANDARD ROTATION AND THEN FOUR WHICH IS STANDARD FOR US WEEKENDS AND HOLIDAYS, YOU CAN SEE THE HOURLY COST THAT THAT WOULD GO. SO AN AVERAGE DAY, YOU'D SIMPLY MULTIPLY THAT FIGURE BY SEVEN THE NUMBER OF DAYS PER WEEK, SAME THING. AND YOU GET A GENERAL SENSE OF WHAT THE COST WOULD BE. POTENTIAL OF AN INCREASED USE IN POOL MAINTENANCE AND CHEMICALS, BUT THAT WOULD HAVE TO BE EVALUATED WOULD DEPEND UPON A BATHER LOAD. SO QUESTION OF WHETHER OR NOT IT'S JUSTIFIED. NEXT SLIDE PLEASE TO EXPAND THOSE HOURS. SO HERE'S JUST KIND OF THE GIST OF THINGS. RECREATION SWIM. WE SEE ABOUT 45 TO 50 PATRONS PER HOUR ON AVERAGE DURING THOSE SWIMS. SO NOTE AT THE BOTTOM ARE BATHER LOAD IS ACTUALLY 250 PEOPLE. SO WE DON'T GET 20% OF WHAT WE'RE CAPABLE OF THOUGH FOR COMFORT'S SAKE, I'M PROBABLY CLOSER TO 200 MAXIMUM IN THE POOL. BUT EVEN IF YOU GO WITH THAT, YOU'RE NOT SEEING 25% OF THE POOL'S POTENTIAL IN CONVERSATIONS WITH FOLKS FROM LVP. OH, IT'S MY UNDERSTANDING THAT THEY GET LESS ACTIVITY AT THEIR POOL THAN WE DO. SO EVEN WHILE WE'RE HEARING FROM PEOPLE, WE NEED MORE. WE NEED MORE.

THAT REALLY ISN'T BORNE OUT IN TERMS OF ACTUAL USERS. WATER AEROBICS IS ACTUALLY OUR CONSISTENT HIGH PARTICIPANT RATE. THERE ARE 50. CLOSER TO 60 IS THE AVERAGE PARTICIPATION, BUT THEY SOMETIMES DO CREEP UP TO 70 PARTICIPANTS FOR THAT. IT'S A FREE PROGRAM. WHY NOT? BUT THEY'RE VERY CONSISTENT. THOSE FOLKS GET OUT THERE, YOU KNOW, MOST OF THOSE DAYS FOR THOSE EIGHT WEEKS LAP SWIM, THAT'S THAT'S PROBABLY THE WELL, THAT IS THE FOLKS THAT I HEAR FROM MOST ABOUT THE NEED TO EXPAND THE THE ACCESS OF THE POOL TO THAT. AGAIN, I JUST REMIND LITERALLY THERE IS A LANE RESERVED FOR EVERY HOUR OF THE POOL IS OPEN FOR GENERAL REC SWIM. SO THAT'S 42 HOURS A WEEK IN WHICH ANYBODY IS WELCOME TO COME AND USE THE LAP SWIM. AND THE THREE WEEKS THAT I WAS HERE BEFORE THE CLOSE OF THE SEASON, I LITERALLY SAW ONE LAP SWIMMER. IT ISN'T TO SAY THAT THERE WEREN'T OTHERS, OBVIOUSLY DURING PERIODS, BUT THERE ARE NEVER MORE THAN THREE AND SOMETIMES THERE ARE NONE. SO YOU'VE GOT AN EMPTY LANE OUT THERE. AND THEN FINALLY, JUST TO GIVE SOME PERSPECTIVE, SO YOU MAY RECALL, WE DID A FREE POOL DAY LAST YEAR, THE SATURDAY BEFORE LABOR DAY. SO FREE ENTRY TO THE POOL. WE DID GAMES, WE DID PRIZES. WE ACTUALLY EVEN GAVE FREE HAWAIIAN ICE. 60 PEOPLE CAME AND THAT WAS OVER THE COURSE OF THE DAY. SO. SO WHEN YOU ASK THE QUESTION, IS THERE A DEMAND FOR INCREASED PROGRAMING AT THIS POINT? THE THAT ONLY SEEMS TO BE THE CASE FOR SWIM LESSONS, BUT NOT FOR OTHER PROGRAMING. AND THAT'S THE END OF THINGS. BE HAPPY TO ANSWER ANY QUESTIONS, CLARIFY ANY OF THE INFORMATION. MAYOR PRO TEM. SO DAVID, I MIGHT UNDERSTAND ON TO SARA THAT THE H O A CURRENTLY BEARS THE EXPENSE OF LIFEGUARDS DURING THE SECTION THAT IT IS THE CITY CONSIDERED CITYWIDE TIME. THAT IS CORRECT PER THE AGREEMENT. ACTUALLY, ALL MAINTENANCE OF THAT POOL IS THE BURDEN OF THE H O A AND PROVISION OF THE LIFEGUARDS IS THEIR RESPONSIBILITY TOO. YES. DURING THOSE PERIODS. YES. IF THAT AGREEMENT WERE TO BE

[01:10:08]

CHANGED DEPENDING ON THE WILL OF THE COUNCIL. DO YOU HAVE ANY IDEA ABOUT THE ESTIMATED EXPENSE TO BE ABLE TO GO AHEAD AND CONVEY THAT ON THE CITY SIDE VERSUS JUST THE SARA SIDE? SURE. SO LET'S DO THE MATH. ALL RIGHT. SO I HAD INDICATED BECAUSE THEY STAFF FOR LIFEGUARDS, THEY DO THREE IN ROTATION. AND THEN THEY USE ONE AS A GATE MONITOR FOR FOLKS.

LET ME GO HERE. SO FOR LIFEGUARDS THAT'S $122 PER HOUR. AND WE'RE LOOKING AT 3.5 HOURS TIMES FIVE DAYS A WEEK TIMES. THAT'S PROBABLY 16 WEEKS. SO THAT'S APPROXIMATELY $34,000.

AND I'M NOT SURE IF THIS WOULD BE A YOUR QUESTION OR A BRAD QUESTION, SINCE THERE IS ALREADY AN AGREEMENT IN PLACE. IS THAT SOMETHING IF WE WANTED TO AMEND IT, WOULD WOULD WE AMEND THE CURRENT AGREEMENT IN PLACE OR WOULD WE CREATE SOMETHING ELSE? WELL, IT DEPENDS ON THE NATURE OF THE. I GUESS I'M I NEED A LITTLE MORE INFORMATION. SO WHERE I'M GOING WITH THIS IS THAT THE RESIDENTS CURRENTLY ARE BASICALLY TAKING CARE OF THE TIME WITH THESE LIFEGUARDS, WHERE IT'S ACCESSIBLE TO THE ENTIRE BENEFIT OF THE CITY. AND SO, AS I UNDERSTAND IT, AT LEAST THE RESEARCH THAT I'VE DONE, THAT THAT IS REALLY NOT TOO COMMONPLACE. BUT I WAS WONDERING IF WE WANTED TO AT LEAST HELP WITH THAT EXPENSE FOR THE RESIDENTS, FOR IT TO BE USED FOR THE ENTIRE COMMUNITY. IS THAT SOMETHING THAT WE WOULD HAVE TO REOPEN THAT AGREEMENT OR CHANGE IT? AMEND IT? YEAH. SO I'VE NOT LOOKED AT THAT AGREEMENT IN A WHILE, SO I COULDN'T IT'S DIFFICULT FOR ME TO DO ALL OF THAT FROM MEMORY.

HOWEVER, I KNOW THAT THAT ISSUE IS ADDRESSED IN IT. AND THE AND AS WE'VE DISCUSSED PREVIOUSLY, AND YOU KNOW, CHARLES HAS MENTIONED BEFORE, WE'VE TALKED ABOUT THIS THIS ISSUE. YOU HAVE THE DIFFICULTY OF OVERLAPPING. WHAT IS A PUBLIC AMENITY THAT IS PAID FOR BY BOND, YOU KNOW, WITH WITH BOND FUNDS. SO THEREFORE IT HAS TO BE PUBLIC AND IT HAS TO MEET CERTAIN REQUIREMENTS WITH ALSO TRYING TO CARVE IT OUT AS A PRIVATE, PRIVATE TIME. AND THAT PRESENTS A LOT OF LEGAL DIFFICULTIES. AND SO, YOU KNOW, I THINK I THINK WE'VE EXPRESSED IN COUNCIL HAS GENERALLY EXPRESSED A DISSATISFACTION WITH THE IDEA OF COMMINGLING THAT ON A MOVING FORWARD BASIS. BUT WE STILL HAVE TO DEAL WITH THE REALITY OF TESSERA. SO, YOU KNOW, THERE ARE GOING TO BE LIMITS ON WHAT WE CAN DO. I MEAN, I'D HAVE TO GO BACK AND LOOK AT THE AGREEMENT TO, TO, TO FIGURE THAT OUT. BUT THE TENSION IS, YOU KNOW, SOME FOLKS WANTING IT TO BE A PRIVATE AMENITY AND SOME FOLKS WANTING IT TO BE A PUBLIC AMENITY, BUT IT'S PAID FOR BY BONDS. SO IT HAS TO BE GENERALLY PUBLIC. YOU CAN DO SET ASIDES, BUT IN ANY EVENT, I MEAN, IT IT THE CITY WANTS TO TAKE OVER FULL. MAINTENANCE OBLIGATION FOR IT. YOU CAN DO THAT. I MEAN, THAT'S A THAT'S A THAT'S A POLICY DECISION. AND I DON'T IMAGINE THAT'S A POLICY DECISION THAT YOU'D MAKE. AND YOU CAN CERTAINLY DO THAT. YOU'D HAVE TO FUND IT AND ALLOCATE IT AND SO FORTH. SO WHAT I WAS GOING WAS JUST HELPING WITH SOME OF THE EXPENSE THAT THE CITY WIDE, YOU KNOW, CITY WIDE LEVEL, I KNOW THAT THERE'S OTHER COMPLICATIONS AS IT REGARDS TO, YOU KNOW, FULL USAGE, PRIVATE, PUBLIC AND ALL OF THAT. THAT IS SOMETHING THAT'S MUCH MORE COMPLEX. BUT ANYWAY, I THANK YOU FOR FIGURING THAT OUT, DAVID. I APPRECIATE THAT. AND AS I UNDERSTAND IT, THEN POTENTIALLY BY POLICY, WE COULD AID THE RESIDENTS IF COUNCIL WAS AMENABLE TO DO SO. THANK YOU. YOU'RE WELCOME. MAYOR PRO TEM OKAY, ONE LAST THING. SO THE GENERAL GIST AND I LATELY HAVE NOT BEEN ON FACEBOOK MUCH, BUT I DO PAY ATTENTION TO ANY OF THE AMENITIES, ETC. WHAT I WAS RECOGNIZING IS THAT THERE WERE SEVERAL CONVERSATIONS ABOUT NOT SO MUCH ADDITIONAL PROGRAMING, BUT LIKE STARTING EARLIER WHEN IT'S WARM AND GOING LATER AND SO EXPANDING PRIOR TO MEMORIAL DAY, GOING LONGER AFTER LABOR DAY, IN PARTICULAR FOR SOME OF THIS ONGOING, YOU KNOW, EITHER SWIM LESSONS OR LAP, ETC. SO CAN YOU TELL ME A LITTLE BIT ABOUT THE CONSTRAINTS OR THE CHALLENGES THAT THERE WOULD BE IF WE CHOSE TO EXTEND THE SEASON, IS WHAT I'M SAYING. SURE. SO IN TERMS

[01:15:01]

OF EXTENDING IT OUTWARD MORE TOWARDS LABOR DAY. SO EVEN AS IT IS OPEN ON UP TO LABOR DAY, THAT'S ONLY WEEKENDS. SO THE LAST TWO WEEKS ARE JUST WEEKENDS ONLY. PRIOR TO THAT IT WOULD BE MONDAY THROUGH FRIDAY. THE REASON WE CLOSED THAT FOR THE WEEKDAYS IS BECAUSE SCHOOL IS BACK IN SESSION. AND SO THERE REALLY ARE VERY FEW PEOPLE WHO WOULD COME TO THE POOL. SO THAT'S THAT'S WHY WE DON'T REALLY GO BEYOND. I WANT TO SAY I THINK THAT'S AUGUST 14TH ISH. THE DISTRICT HAS NOT YET POSTED THE ACTUAL DATE IN TERMS OF GOING BEFORE MEMORIAL DAY. IN CONVERSATIONS IN WITH OTHER CITIES. BUT EVEN ON OUR OWN EXPERIENCE, MOST COMMUNITIES ARE RELIANT UPON HIGH SCHOOL AND COLLEGE STUDENTS. FOR LIFEGUARDS, YOU GET BEFORE MEMORIAL DAY, AND IT BECOMES A REAL CHALLENGE TO HAVE STAFF TO BE ABLE TO DO THAT. MARBLE FALLS, FOR EXAMPLE. THEY ARE SO STRAPPED THAT THEY WILL OPEN THE WEEKEND OF MEMORIAL DAY, SO THEY'LL OPEN THE SAME SATURDAY THAT WE WILL, BUT THEN THEY'LL BE CLOSED THE FOLLOWING WEEK BECAUSE THAT'S WHEN THEY'LL ACTUALLY DO THEIR AQUATICS IN SERVICE, BECAUSE THAT'S THE FIRST TIME THEIR STAFF IS AVAILABLE. AND THEN THEY'LL OPEN TO THE PUBLIC A WEEK LATER THAN MOST OTHER PLACES DO. AND THAT'S KIND OF THE GENERAL REALITY FOR FOLKS.

NOT THAT IT CAN'T BE DONE. AND OBVIOUSLY IT'S A COST ISSUE AND IT'S THE SAME THING. SO IF YOU'RE LOOKING AT THREE LIFEGUARDS, IT'S $91.50 AN HOUR FOR EVERY DAY THAT YOU'RE OPEN.

BUT AN EQUAL CHALLENGE IS ACTUALLY FINDING THE STAFF TO BE ABLE TO DO THAT, BECAUSE THE VAST MAJORITY ARE HIGH SCHOOL AND COLLEGE STUDENTS. JUST LASTLY, DAVID, THANK YOU.

AMAZING PRESENTATION. I REALLY APPRECIATE ALL THE DATA AND THE DUE DILIGENCE THAT YOU'VE GONE THROUGH TO HELP EDUCATE US HERE TODAY. SURE. ABSOLUTELY. APPRECIATE IT. MY PLEASURE, MR. HALL, JUST ONE ADDITIONAL COMMENT THAT IN TERMS OF EXPANDING THE HOURS, THE RESIDENTS ARE CONCERNED ABOUT THE COST OF THE OF THE POOL BEING OPEN TO THE PUBLIC AND THE COST OF THE LIFEGUARDS. AND PARTICULARLY SINCE IT'S RARELY USED BY BY THE PUBLIC. SO IT'S A HUGE EXPENSE AND VERY LITTLE BENEFIT TO, TO ANYBODY FOR, FOR THAT. BUT REGARDLESS, TO EXPAND THE HOURS WOULD INCREASE THE COST TO THE HOA, WHICH WOULD BE AN INCREASED COST TO THE HOMEOWNERS. AND IT'S, THAT'S PROBLEMATICAL FROM A COST STANDPOINT, AS THE HOA DUES ARE, ARE KIND OF MAXED OUT AND THERE'S NOT SUFFICIENT MONEY TO MAINTAIN THE PROPERTY AS IT SHOULD BE MAINTAINED, IN MY OPINION. BUT BUT I DO THINK THIS SHOULD BE A COUNCIL AGENDA ITEM FOR DISCUSSION FOR OUR NEXT DISCUSSION. COMMITTEE MEETING. AND JUST TO CLARIFY, THAT'S THE CONCEPT OF US TAKING OVER SOME OF THE COSTS OF MAINTAINING IT FOR POOL, FOR THE CITY HOURS, SPECIFICALLY THE LIFEGUARD AT THE NEXT MEETING. YES. OKAY. I WILL TAKE NOTE. OKAY. MR. BENNEFIELD. THAT WAS A FANTASTIC PRESENTATION. THANK YOU SIR. I MEAN, IT WAS EXCELLENT. THANK YOU. I WOULD LIKE TO SEE EXPANDED HOURS. I'D LIKE THE SEASON TO START EARLIER. I'D LIKE TO SEE THE SEASON GO LATER. I UNDERSTAND THE CHALLENGES OF HIRING LIFEGUARDS, BUT FOR EVERY LIFEGUARD WILLING TO WORK FULL TIME DURING THE SUMMER, THERE'S GOING TO BE AN EQUAL LIFEGUARD WILLING TO WORK A SATURDAY AND A SUNDAY EVEN DURING SCHOOL. AND I ALSO THINK IF WE GAVE PEOPLE MORE RELIABLE WORK, THAT WAS MAYBE MORE YEAR ROUND. WE ALSO MIGHT BE ABLE TO HAVE SOME LONGEVITY AMONGST PEOPLE. AND I DON'T THINK YOU NECESSARILY NEED AS MANY DURING WHAT WE WOULD CALL OFF SEASON. I'M NOT SUGGESTING SUNDAY THROUGH SATURDAY FULL TIME. I'M TALKING ABOUT, YOU KNOW, STARTING IN APRIL, FOR EXAMPLE, AND OPENING IT UP SATURDAY AND SUNDAY. YOU KNOW, WHEN PEOPLE ARE OFF FROM SCHOOL AND THEY ARE HOME FROM WORK, THE CITY OF LAGO VISTA HAS THIS WONDERFUL BENEFIT OF HAVING THE PO, THE PO FUNDS, ALL THESE PARKS AND BOAT RAMPS AND ALL THESE BEAUTIFUL THINGS. AND SO REALLY, LAGO VISTA KIND OF GETS A PASS WHERE WE DON'T ACTUALLY SPEND A LOT OF MONEY ON PARKS AND HAVE TO SPEND ALL THIS MONEY ON ALL THESE THINGS. SO WHAT ARE WE SPENDING OUR MONEY ON? SO LET'S SPEND A LITTLE BIT MORE MAYBE THAN A NORMAL CITY WOULD SINCE WE'RE NOT HAVING TO DO ALL THESE OTHER AMENITIES AND LET'S HAVE A ROBUST PARK OR A ROBUST SWIMMING POOL THAT, I MEAN, YOU KNOW, BEFORE THE CHALLENGES, WE WEREN'T ADDING CHEMICALS ALL YEAR ROUND AND WE SHUT IT DOWN.

WELL, WE ARE PAYING THAT EXPENSE NOW. AND SO IT JUST SITS THERE. IT'S JUST IT'S THE AC IS RUNNING, BUT NOBODY'S HOME, YOU KNOW, SO REALLY BEYOND THE COST OF MAYBE A FEW EXTRA CHEMICALS AND A COUPLE LIFEGUARDS, THAT POOL COULD BE A REALLY NICE ASSET FOR MAYBE

[01:20:04]

TWO ADDITIONAL MONTHS FOR MEMORIAL DAY. AND IS IT MEMORIAL DAY? YES. AND THEN MAYBE EVEN A MONTH AFTER LABOR DAY. AND MAYBE THAT ENDS UP COSTING US TEN, $15,000. BUT THAT'S MONEY, IN MY OPINION, VERY WELL SPENT. AND TO NORMA, AND JUST AS I WOULD CERTAINLY WELCOME ANY DISCUSSIONS TO ALLEVIATE THE FINANCIAL BURDENS TO THE RESIDENTS FOR CHEMICALS AND LIFEGUARDS, PARTICULARLY DURING HOURS OF PUBLIC OPERATION. OKAY, MR. PRINCE, LET ME JUST CLARIFY A COUPLE OF THINGS. SO UNDER THE STATE LAW LIFEGUARD SITUATION, ARE THERE ANY SCENARIOS WHERE, YOU KNOW, YOU CAN SAY DURING THESE HOURS IT'S ONLY SUPER SWIMMERS WHO HAVE SIGNED OFF ON, YOU KNOW, A TRIPLE. I SWEAR I'M A GREAT SWIMMER LIABILITY KIND OF A THING WHERE THE LIFEGUARD IT CAN BE WHAT IS IT, CLASS B VERSUS CLASS C WHERE THE THAT CAN CHANGE. IS THERE ANY SCENARIO THAT CAN BE CONTAINED WHERE THE. YOU MUST HAVE TWO LIFEGUARDS ON DUTY AT ALL TIMES. IT DOES NOT APPLY NOT FOR A CLASS B POOL. THE TEXAS ADMINISTRATIVE CODE SAYS IF WE ARE A CLASS B, WHICH WE ARE BY DEFINITION AND IN FACT T ML.

THE RISK POOL HAS CONFIRMED THAT IN WRITING. YES, YOU GUYS ARE CLASS B POOL AT CITY POOL.

IF YOU ARE OPEN AND OPERATIONAL, YOU NEED TO HAVE LIFEGUARDS PRESENT. AND THEN AGAIN, THE TAC ALSO SAYS YOU HAVE TO HAVE A MINIMUM OF TWO. AND THE REASON FOR THAT IS BECAUSE YOU HAVE TO ROTATE A GUARD, EVEN IF YOU ONLY HAVE ONE IN TOWER. CAN'T BE UP THERE FOR ANY MORE THAN 30 TO 45 MINUTES, AND THEN SOMEBODY ELSE HAS TO TAKE THEIR PLACE. SO IN THE CASE OF A CLASS C, WHICH IS THE WHICH IS TO SARAH, IT THEY DON'T REQUIRE LIFEGUARDS UNLESS AND UNTIL IT OPERATES AS A CLASS B, WHICH IS THE CASE UNDER THE AGREEMENT WITH US. AND THEN THE MOMENT IT DOES, LIFEGUARDS REQUIRED. AND I JUST WANT TO DOUBLE CLARIFY. SURE. AND MY REASON FOR ASKING THIS IS THERE ARE SCENARIOS UNDER WHICH THE POOL IS CLASS B AND DIFFERENT SCENARIOS UNDER WHICH IT'S CLASS C. AND WHAT I HEAR YOU SAY IS THERE IS NO WAY EVER, PERIOD THAT THE CITY POOL CAN BE A CLASS C. AM I GETTING THAT? THAT IS CORRECT. OKAY, MR. WEST YEAH. JUST TO CLARIFY, MR. PRINCE, THE INSURANCE OR THE RISK POOL HAS ADVISED THAT THEY WILL NOT COVER US IF WE DON'T FOLLOW THE RULES. YEAH. THANK YOU. AND I'M NOT SUGGESTING WE NOT FOLLOW THE RULES. I'M JUST TRYING TO FIGURE OUT IF THERE IS A RULE. CARVE OUT WHERE IF WE DO APPROPRIATE THINGS, WE CAN STILL BE FOLLOWING THE RULES, STILL MAKE T ML POOL HAPPY AND MAKE SOME OF OUR CITIZENS, YOU KNOW, GIVE THEM GIVE THEM 6 TO 8 A.M. SWIM LANES OR SOMETHING LIKE THAT. COMPLETELY UNDERSTAND. AND I HAVE BEEN ON THE PHONE NUMEROUS TIMES WITH THE RISK POOL AND OTHERS TRYING TO FIGURE OUT A SOLUTION. IF THERE ARE NO OTHER QUESTIONS FOR DAVID, I CAN GO TO CITIZEN COMMENTS. I DO HAVE SOME FOLKS SIGNED UP. THANK YOU DAVID.

THANK YOU. FIRST UP, I HAVE MR. ROD HAMILTON. MR. MAYOR AND COUNCIL MEMBERS. THANK YOU. I AM A LONGTIME SWIMMER. I'M PROBABLY ONE OF THE THREE PEOPLE THAT MR. MONTGOMERY SPOT IN THE POOL ON A DAILY BASIS. CURRENTLY, I MAINTAIN A MEMBERSHIP IN CEDAR PARK SO THAT I CAN USE A POOL THERE. AND THE TIME THAT I SWIM THERE, I'VE MET FIVE OTHER RESIDENTS OF LAGO VISTA THAT WOULD ALSO LIKE TO BE SWIMMING AT OUR POOL MORE, BUT WHEN YOU SAY THAT THERE IS A LAP DEDICATED OR A LANE DEDICATED TO LAP SWIM, IF THERE'S A PERSON IN THERE THAT'S DOING WATER AEROBICS, SOME SORT OF THERAPY OR SOMETHING LIKE THAT, IT IS NOT AVAILABLE FOR LAP SWIM. OKAY, 1 P.M. TO 7 P.M. THERE HAS BEEN A LOT OF DAYS THAT I HAVE GONE THERE, SAT FOR 30 MINUTES. THE PERSON DIDN'T FINISH OR GET OUT, WHICH IS FINE. I MEAN, I THINK THAT THAT SHOULD BE OPEN FOR PEOPLE TO BE ABLE TO DO THAT. GONE HOME, COME BACK IN TWO HOURS AND THERE WAS SOMEONE ELSE IN THE LANE AGAIN, AND THIS HAPPENED A FEW TIMES DURING THE SUMMER. NOT, YOU KNOW, EVERY TIME THAT I'VE GONE, I SWIM 3 TO 4 TIMES A WEEK. AND I'D REALLY LIKE TO. I THINK THAT THERE IS A WAY TO EXPAND THE USE OF OUR POOL. OKAY. YOU KNOW, IF YOU WERE IF YOU'RE AN AQUATICS PERSON, YOU WOULD KNOW THAT ONE LANE IS NOT A DEDICATION TO AQUATICS. YOU KNOW, TWO LANES IS A MINIMUM BECAUSE IN ORDER TO BE ABLE TO SWIM SIDE BY SIDE, YOU HAVE TWO PEOPLE IN THE LANE. THEY'VE GOT TO HAVE PEOPLE THAT KNOW HOW TO SWIM. AND I MEAN TRULY SWIM. IF YOU SWIM YOUR ARM'S LENGTH WIDE, YOU CATCH ARMS WITH EACH OTHER

[01:25:04]

AND IT HURTS, YOU KNOW, AND YOU KNOW, IT'S JUST AND I WOULD ALSO LIKE TO SEE, YOU KNOW, THE POOL OPEN FOR LONGER PERIOD OF TIME, YOU KNOW, SATURDAYS AND SUNDAYS, THAT SORT OF THING.

AND EARLIER AND INTO OCTOBER. IT'S REALLY A PITY TO DRIVE BY THE POOL WHEN IT'S 100 DEGREES OUTSIDE IN OCTOBER AND IT'S LOCKED UP TIGHT. I ALSO RIDE MY BIKE IN THE COMMUNITY, AND I'VE MET A LOT OF TRIATHLETES IN THE COMMUNITY AND ASKED THEM IF THEY WOULD LIKE TO SWIM AT THE POOL. THEIR ANSWER IS THE SAME AS MINE IS THAT THE POOL'S NEVER OPEN AND WHEN IT IS OPEN, THERE'S SOMEONE IN THERE THAT IS NOT SWIMMING. OKAY, I THINK WE CAN DO BETTER. YOU KNOW, WE CAN FIND A WAY. WE COULD PERHAPS OPEN A LAP SWIM EARLIER IN THE MORNING. WE COULD ASK THE AQUATICS SWIM TEAM. COULD THEY DEDICATE A LANE TO PEOPLE FOR LAP SWIM? THERE'S A LOT OF DIFFERENT THINGS THAT COULD BE DONE THAT WE COULD LOOK AT WITHIN THE CONSTRAINTS THAT WE ALREADY HAVE. AND I JUST ASK THAT WE LOOK AT IT BECAUSE I THINK THIS IS A ABSOLUTELY BEAUTIFUL POOL. I LOVE USING IT. I LOVE GOING THERE. IT'S JUST IT'S JUST WONDERFUL. IT'S JUST A PITY THAT IT'S NOT OPEN, BUT THANK YOU. THANK YOU, MR. HAMILTON. MR. HAMILTON, IF IF I CAN ASK YOU A QUESTION, DO YOU FEEL LIKE FROM THE PEOPLE YOU'VE TALKED TO, THAT THERE WOULD BE WILLINGNESS TO CONSIDER A HIGHER FEE OR A SEPARATE FEE FOR FOR YOUR TYPE OF USE OF THIS? I THINK SO MOST OF US ARE PAYING $100 A MONTH SOMEPLACE ELSE, YOU KNOW, AND I THINK THAT THEY WOULD BE VERY WILLING TO DO THAT. IT'D TAKE A WHILE TO GET THE WORD OUT, YOU KNOW, YOU KNOW, ONCE YOU SHUT THE GATE ON SOMETHING, IT'S REALLY DIFFICULT TO GET PEOPLE BACK IN AGAIN. AND, YOU KNOW, AGAIN, I'VE BEEN ASKING THIS QUESTION FOR 13 YEARS SINCE I STARTED LIVING HERE, AND I'VE GOTTEN PRETTY MUCH THE SAME KIND OF RESPONSE EVERY TIME.

AND I UNDERSTAND THE CONSTRAINTS OF MR. MONTGOMERY SCOTT'S JOB. YOU KNOW, HE'S JUST TRYING TO WORK WITHIN WHAT HE'S GOT, YOU KNOW, AND I JUST ASK, HEY, IS THERE ANY OTHER CREATIVE WAYS THAT WE COULD POTENTIALLY GET PEOPLE INTO THE POOL AND START UTILIZING AS OUR DEMOGRAPHICS CHANGE IN THIS COMMUNITY? WE'RE GETTING YOUNGER HERE, NOT ME NECESSARILY, BUT THERE ARE PEOPLE, THERE IS A LOT MORE PEOPLE YOU SEE OUT RIDING BIKES.

AND A LOT OF THOSE PEOPLE ARE TRIATHLETES. AND I THINK THAT THEY WOULD LOVE TO HAVE A PLACE THAT THEY COULD SWIM. SO. ALL RIGHT. THANK YOU. THANK YOU, MISS VANESSA. AND THIS MAY BE FOR DAVID TOO, BUT THE SUGGESTION OF MAYBE AN ADDITIONAL LAP LANE. SO WE GET TWO IN THERE BECAUSE I KNOW EXACTLY WHAT YOU'RE SAYING WHEN YOU'RE TRYING TO SWIM WITH MULTIPLE PEOPLE IN A LANE AND SHARE THE LANES, IS THAT FEASIBLE DURING CERTAIN HOURS OR SO? SO TO ADDRESS THE FIRST ISSUE, AND THAT IS IF SOMEBODY IN THE THE SWIM LANE DOING SOMETHING OTHER THAN LAP SWIMMING, THEN THE LIFEGUARD SHOULD REMOVE THEM SO THAT IT IS JUST THAT IT IS ACTUALLY NOT UNCOMMON. BEEN DOING THIS A LONG TIME TO SEE 3 TO 5 LAP SWIMMERS IN A SINGLE LANE. THEY SWIM SINGLE FILE AND THEY DO SO IN CIRCULAR FASHION. THE THE PROSPECT OF PERHAPS PUTTING UP A SECOND LANE IS ABSOLUTELY POSSIBLE. AGAIN, OUR. OUR BATHING CAPACITY IS 200. SWIMMERS COMFORTABLY CAN GO ALL THE WAY TO 250. SO TO RESERVE A SECOND LANE, NOT A PROBLEM IN TERMS OF THE SWIM TEAM. THEY'RE ASKING FOR MORE DAYS, MORE HOURS, MORE TIME. THEY WANT MORE OF THE POOL, NOT LESS OF THE POOL. SO THAT'S SO WHILE I UNDERSTAND THE DESIRE BECOMES A CHALLENGE, BUT AT THE SAME TIME, FOR THAT SAME PERIOD THAT OUR POOL IS OPEN IN THE AFTERNOON TO SARAH IS OPEN. AND THERE ARE IN FACT TWO LANES BUILT INTO THE BOTTOM OF THAT POOL. THAT LAP SWIMMING CAN OCCUR THERE. AND THERE IS A GENTLEMAN WHO LIVES INTO SARAH THAT I SEE LAP SWIMMING ALL THE TIME. SO THAT OPTION IS THERE AND AVAILABLE.

SO, SO THERE ARE THERE ARE A COUPLE OF OPTIONS. ABSOLUTELY. THANK YOU. YOU'RE WELCOME. AND THEN MR. ROBERT DONNELLY, DID YOU WANT TO SPEAK ON THE. YEAH, WE HAD TALKED ABOUT A LITTLE BIT OF YOU KNOW, YOU HAVE THE HISTORY OF SOME OF THAT MAINTENANCE AGREEMENT AND THEN SORT OF THE SIGNAGE AND STUFF THAT'S UP AT THE. SARAH. YEAH. SO LET ME LET ME JUST ADD ON A, ON A MORE GLOBAL LEVEL THAT I THINK WHAT WE'RE RECENTLY SEEING COMMUNITY WIDE IS A, IS AN OUTSPOKEN DEMAND FOR MORE PARKS AND REC SERVICES. AND I THINK WHEN, YOU KNOW, YOU LOOK AT THE PERCENTAGE OF BUDGET ALLOCATED TO PARKS AND REC, THERE'S A DISCONNECT THERE. YOU KNOW, WE REALIZE THAT THE CITY HAS A LOT OF, YOU KNOW, MULTI-MILLION DOLLAR PROJECTS THAT NEED TO BE ATTENDED TO. BUT I WOULD SUGGEST THAT AT SOME POINT IN THE NEAR FUTURE, WE'LL LOOK AT MORE FUNDING FOR PARKS AND REC. HAVING SAID THAT, IN REGARDS TO TO SARAH AND THE PARKS AND OPERATIONS AND MAINTENANCE AGREEMENT, IT IS BETWEEN THE CITY AND THE HOA.

UNFORTUNATELY, THE HOA IS ALSO THE DEVELOPER. SO ERIC, THE LOCAL DIRECTOR FOR HINES, IS

[01:30:03]

ALSO THE HOA PRESIDENT. THAT AGREEMENT COMES UP FOR RENEWAL IN STAGGERED 2 TO 3 YEAR TERMS. ANY PARTY COULD DECIDE NOT TO RENEW THE AGREEMENT BY GIVING 12 MONTHS NOTICE. THAT 12 MONTHS NOTICE WINDOW OPENS. I BELIEVE THIS JUNE. WE'VE TALKED A LOT ABOUT SARAH OVER THE LAST ALMOST YEAR, EVER SINCE MR. PRINCE BROUGHT UP THE FACT THAT IT'S A LITTLE KNOWN ASSET.

THERE'S NOT MUCH AWARENESS. I THINK WE'RE ALSO HEARING THAT, YOU KNOW, THESE THE CITY THAT WHILE THE CITY OWNS TWO POOLS, THEY'RE MOST LIKELY UNDERUTILIZED BECAUSE OF A LACK OF THAT AWARENESS. I MEAN, THE POOL STILL HAS A SIGN ON IT THAT SAYS PRIVATE PROPERTY, NO TRESPASSING. SO, YOU KNOW, YOU'VE GOT IRS BOND REQUIREMENTS TO MAINTAIN TO KEEP THOSE BONDS TAX EXEMPT. THE CITY RUNS A RISK OF VIOLATING THOSE COVENANTS. IF IF IT APPEARS THAT THE POOL IS BEING USED PRIMARILY FOR PRIVATE USE. AS FAR AS THE HOMEOWNERS INTO SARAH, I CAN TELL YOU WE ALL UNDERSTAND THE CITY OWNS THE POOL. THERE'S NO WAY THE HOA IS GOING TO BE ABLE TO STEP IN AND TAKE IT BACK. SO IT'S IT'S IT'S IT'S WE'RE RESIGNED TO THE FACT THAT THERE'S A BATTLE WITH THE DEVELOPER HAS NOTHING TO DO WITH THE CITY. AND, YOU KNOW, THE SUGGESTION IS THAT THE CITY WHO OWNS THE POOL OWNED THE POOL AND, YOU KNOW, UTILIZE IT TO MEET WHATEVER DEMAND IS OUT THERE. FOR A VARIETY OF REASONS.

SO, I MEAN, IF Y'ALL HAD ANY, I KNOW BRAD'S SHAKING HIS HEAD. SO IF Y'ALL HAD ANY QUESTIONS OF ME FOR THAT, I'D BE HAPPY TO ANSWER IT FOR YOU. JUST TO KIND OF MAKES A QUESTION FOR DAVID.

YEAH. WHAT IS GOING ON WITH THE SIGN STATING THAT IT'S PRIVATE? SHOULD THERE BE DIFFERENT SIGNAGE UP THERE? SO I CAN'T SPEAK TO THE LEGALITY OF THE ISSUE. BUT AGAIN, PER THE AGREEMENT AND WE ARE IN EXCUSE ME, THE SECOND TERM OF THAT AGREEMENT. IT'S THREE YEARS, TWO YEARS, THREE YEARS, TWO YEARS. THAT GOES IN PERPETUITY. AS UNLESS MR. DONNELLY INDICATED THAT SOMEBODY DECIDES TO BAIL OUT OF THE AGREEMENT. BUT THE ONLY USE THAT IS GENERAL PUBLIC USE IS PER THE AGREEMENT, AND THAT IS MEMORIAL DAY TO AUGUST 14TH ISH. THAT SATURDAY BEFORE THAT, THE MONDAY, WELL, SUNDAY THROUGH THURSDAY, 8 A.M. TO 11:30 A.M.

BEYOND THAT AND EVEN BEYOND THOSE HOURS, IT IS PRIVATE. IT IS OWNED AND OPERATED BY THE HOA. AND THAT'S WHY, AGAIN, LOOKING AT TAC, THERE'S THE RECOGNITION THAT A CLASS C POOL, WHICH IS PRECISELY WHAT SARAH IS, WILL SOMETIMES OPERATE AS A CLASS B POOL. AND IT DOES DURING THE PERIOD THAT I'VE INDICATED. BEYOND THAT, IT DOES IN FACT GO BACK BEING TO PRIVATE AND IT'S NOT THERE FOR GENERAL PUBLIC USE AND ACCESS. YES. WOULD IT MAKE SENSE TO HAVE A TEMPORARY SIGN THAT THE LIFEGUARD HANGS UP WHEN WE'RE THERE, THAT THIS IS A PUBLIC POOL AT THIS TIME AND THE BETTER IDENTIFY. AND THEN ALSO, I THINK THE SAME ARGUMENTS ABOUT THE WEBSITE. I STILL DON'T THINK I SEE SARAH LISTED ON THE WEBSITE. DOES IT MAKE SENSE THAT IT SHOULD BE ON THERE IF IT'S A PUBLIC POOL, I AGREE IT WILL BE THERE, BUT THERE'S I AGREE WITH YOU. THERE'S NO REASON WE COULDN'T PUT UP A SIGN, SAY POOL OPEN TO THE PUBLIC DURING THE PERIOD IN WHICH IT IS, AND THEN JUST TAKE DOWN THE SIGN AS THE LIFEGUARDS LEAVE. MR. DONNELLY YEAH, JUST JUST JUST TO CLARIFY ONE THING THAT DAVID JUST SAID. THE HOA DOES NOT OWN THE POOL CITY DOES, BUT THE HOA DOES PAY THE STAFF, MAINTAIN, OPERATE AND INSURE IT.

I DO KNOW THAT ERIC WITH HINES, WHO IS ALSO THE PRESIDENT OF THE HOA, HAS HAS EXPRESSED AN INTEREST IN MEETING WITH THE CITY AND, YOU KNOW, UPDATING THE AGREEMENT TO WHATEVER IS DEEMED APPROPRIATE FOR CURRENT CONDITIONS. SO THEY'RE RECEPTIVE TO IT. I THINK OBVIOUSLY THE CITY IS RECEPTIVE TO IT. AND SO IT MIGHT BE A GOOD DISCUSSION TO HAVE, YOU KNOW, AND IF IT IF IT'S DEEMED APPROPRIATE THAT DURING PUBLIC HOURS, THE CITY SHOULD BE PAYING FOR LIFEGUARDS AND A POOL MONITOR RATHER THAN AN HOA. I MEAN, WE'VE GOT THE COSTS.

I'VE SHARED IT WITH SOME OF Y'ALL. IT'S AROUND $36,000 A YEAR. I DON'T BELIEVE THE HOA OR THE DEVELOPER IS EXPECTING THE CITY TO ABSORB ANY MAINTENANCE COSTS SINCE THE SINCE THE PREDOMINANT USAGE IS PRIVATE. BUT YEAH, IT KIND OF MAKES SENSE FOR, YOU KNOW, LIFEGUARDS AND POOL MONITORS THAT ARE REQUIRED DURING PUBLIC HOURS BE PAID BY THE PUBLIC ENTITY AND NOT A PRIVATE HOA. SO, YEAH. ROBERT, WOULD YOU THINK TO SARAH, HOMEOWNERS WOULD BE OPEN TO EXPANDING THE PUBLIC HOURS, OR IS THERE A DESIRE TO KEEP THE PUBLIC HOURS AS THEY ARE? YOU'RE JUST SAYING TAKE ON THE LIFEGUARD COST DURING THOSE PUBLIC HOURS. I

[01:35:01]

THINK THAT'S A GOOD QUESTION. I BELIEVE AT THE CURRENT TIME, THERE'S A THERE'S A MUCH MORE GENUINE UNDERSTANDING OF THE OWNERSHIP AND THE OPERATION RESPONSIBILITIES AND THINGS LIKE THAT. YOU KNOW, INITIALLY EVERYBODY WAS CONFUSED. AND OF COURSE, WHEN THEY WERE CONFUSED, THEY WERE AGAINST ANYTHING. BUT NOW, YOU KNOW, AS A WHOLE, THE COMMUNITY UNDERSTANDS THIS IS A PUBLIC POOL. IT'S OWNED BY THE CITY. ALL RIGHT. THERE'S, THERE'S, THERE'S SOME QUESTIONS AS TO WHY IS THE HOA PAYING FOR IT, ESPECIALLY THE LIFEGUARDS AND THE POOL MONITORS. AND I THINK Y'ALL ARE GOING TO ANSWER THAT QUESTION AND RESOLVE THAT. BUT AS FAR AS EXTENDING HOURS, YOU KNOW, IF THE CITY IS GOING TO PAY FOR IT AND COVER THOSE COSTS, I DON'T I DON'T SEE ANY OPPOSITION BECAUSE QUITE HONESTLY, LIKE I SAID, YOU KNOW, THERE'S HAS NOTHING TO DO WITH THE CITY. BUT THAT BATTLE IS WITH THE DEVELOPER. AND THAT IS SOMETHING THAT IF IF YOU KNOW, THERE'S, THERE'S INCREASED USAGE AND THE CITY ASSET THAT HAD BEEN PREVIOUSLY MARKETED AS AN EXCLUSIVE AMENITY, OKAY, THAT PUTS PRESSURE ON THE DEVELOPER WHEN THEY CAN'T SELL LOTS TO HOME BUILDERS BECAUSE THE HOME BUILDERS ARE COMING IN WANTING TO BUILD 7 OR $800,000 HOMES. AND THEY TAKE A LOOK AT, WELL, OKAY, WHAT ARE THE WHAT ARE THE HOA AMENITIES? WELL, THERE ARE NONE. IT'S ALL OWNED BY THE CITY. AND AS YOU'RE SEEING THAT DRIVE THAT PUSHES BUILDERS AWAY AND IT DOESN'T HELP TO RECRUIT THEM. SO THAT'S A PROBLEM THAT THE DEVELOPER IS GOING TO HAVE TO SOLVE. OKAY. SO YEAH, IT'S, YOU KNOW, IF THE, THE CITY HAS EVERY RIGHT IN THE WORLD TO EXPAND HOURS ON A POOL THEY OWN. MISS MARIA. YES, MA'AM. ACTUALLY, MR. DONNELLY, I WANT TO SAY THAT I AGREE WITH YOU ON THAT ASPECT. YOU KNOW, I'M A RESIDENT, AS IS MR. JESS HALL. AND DAVID, I BELIEVE YOU ARE A RESIDENT AS WELL. I WILL SAY THAT THE SIGNAGE UP THERE IS CONCERNING BECAUSE I'VE HAD PEOPLE THAT SAY, HEY, THAT SAYS IT'S A PRIVATE PROPERTY, YET HERE I AM. AM I GOING TO GET A, YOU KNOW, IN TROUBLE FOR TRESPASSING? AND OF COURSE NOT, BUT THE SIGNAGE IS CONFUSING. AND I WOULD EVEN SAY THAT EVEN IF WE PUT SOMETHING UP THERE THAT I WOULD HAVE TO BE REMOVED EACH TIME THE LIFEGUARD IS ON DUTY, I WILL SAY THAT A LOT OF THE REASONS THAT THE CITY OPERATING TIME FRAME HAS BEEN 1 TO 7 OR 1 TO 8 IS BECAUSE WE ACTUALLY SHARE OUR LIFEGUARDS. SO THE LIFEGUARDS THAT ARE AT SARA IN THE MORNING FROM THOSE HOURS FROM 8 TO 1130, ARE ACTUALLY THE ONES THAT THEN GO AND PICK UP THE SHIFT OVER AT THE CITY POOL. SO THIS IS THE SAME COHORT OF INDIVIDUALS. AND SO I THINK THAT BY YOU SAYING THAT, YOU KNOW, EXPAND THE HOURS, THEN YOU'RE ACTUALLY GOING TO PUT THE CITY AT A PROBLEM BECAUSE NOW WE'RE NOT GOING TO HAVE EMPLOYEES TO STAFF THE CITY POOL. SO I THINK AS A WHOLE, WE'LL HAVE TO LOOK AT IT AND EXPAND IT, AND MAYBE THAT'LL GIVE SOME EMPLOYMENT OPPORTUNITIES, MAYBE TO SOME INDIVIDUALS THAT ARE LOOKING FOR IT OR MAYBE GOING ELSEWHERE.

BUT IT DEFINITELY I BELIEVE IT'S GOING TO BE A LARGER DISCUSSION AS WE GO FORWARD.

AND THANK YOU FOR THE TIME FRAME, BECAUSE I WAS NOT AWARE THAT JUNE IS WHEN WE NEED TO START PUTTING THE DEVELOPER ON NOTICE FOR ANY TYPE OF AMENDMENT. THANK YOU. THANK YOU, MR. WEST. MAYOR, I'D LIKE TO MAKE THE RECOMMENDATION THAT MYSELF AND DAVID SET UP SOME MEETINGS AND HAVE DISCUSSIONS WITH HINES AND SEE IF WE CAN'T COME TO THAT AND MAYBE INCLUDE A REPRESENTATIVE FROM THE HOA SUCH AS MR. DONNELLY, TO BE PART OF THAT CONVERSATION. I'M GOOD WITH THAT. I SEE HEAD NODS. I WANT TO SAY, I'M GLAD THAT YOU'RE SAYING, YOU KNOW, RECOGNIZING MR. DONNELLY, BUT I WANT TO MAKE A STATEMENT THAT NOBODY IN THE COMMUNITY IS ACTUALLY A HOA MEMBER. EVEN THOUGH WE LIVE THERE, WE PAY DUES. IT IS COMPLETELY RAN BY THE DEVELOPER. SO MR. DONNELLY DOESN'T IS NOT PART OF THE HOA BOARD OR ANYTHING LIKE THAT.

OKAY, LET ME CHANGE IT. 1 OR 2 RESIDENTS FROM TO SARAH. YEP. LOOKS LIKE YOU GOT HEAD NODS YEAH. THE ONLY OTHER THING I HAD WAS JUST TO SPEAK ON LIVE. LIKE KATIE JUST REALLY WANT TO THANK THEM. I THINK YOU ALL MAY REMEMBER THE COUPLE THAT CAME HERE AND GAVE A PRESENTATION A YEAR AGO WHEN THEY DONATED LIFE VESTS FOR THE DONATED ONE FOR CODY PARK, THE LVP. OH, THEY JUST CONTINUE TO DO GREAT THINGS IN OUR COMMUNITY AND EVERYWHERE. ACTUALLY, THEY DO THIS ALL OVER THE STATE. AND THE TRAINING THAT YOU DID AS WELL, THAT'S TO PROVIDE SAFETY FOR KIDS AND ADULTS. SO JUST REALLY APPRECIATIVE AND THANK COREY AND HER HUSBAND FOR WHAT THEY CONTINUE TO DO. AND THEY'RE JUST NEIGHBORS OF OURS OVER HERE IN JONESTOWN. AND SO REALLY HAPPY TO HEAR THAT THOSE LIFE VESTS WILL BE AT BOTH POOLS. SO THANK YOU. THE OTHER ITEM THAT, MR. PRINCE, I WOULD REQUEST ONE MORE STAFF ITEM. AND I THINK, DAVID, SIMILAR TO THE TO THE SURVEY PUBLIC SURVEY YOU DID AROUND SWIM LESSONS, I WONDER WHETHER A PUBLIC SURVEY WOULD BE APPROPRIATE FOR, YOU KNOW, ADDITIONAL HOURS FOR LAP SWIMMING, YOU KNOW, EVEN IF THERE WAS SOME HIGHER FEE ASSOCIATED WITH THAT, YOU KNOW, IS THERE ENOUGH INTEREST IN THAT, THAT IT COULD BE MAYBE SELF-FUNDING OR CLOSE TO THAT? YOU KNOW, MAYBE IT'S, IT'S NOT YOU GET A DOLLAR FOR EVERY TEN, BUT IT'S MAYBE YOU GET $5 FOR EVERY TEN OR SOMETHING. SO, YOU

[01:40:05]

KNOW, IS THERE COMMUNITY APPETITE BEYOND JUST MR. HAMILTON OF PEOPLE WHO WOULD BE WILLING TO SIGN UP AND PAY A FEE TO AT LEAST PARTIALLY OFFSET THE ADDED COST OF ADDING SOME HOURS? IF YOU'RE OKAY WITH THAT, I THINK THAT WOULD BE GREAT. THANK YOU. ALL RIGHT. NO FURTHER DISCUSSION THEN I CAN MOVE ON TO ANOTHER ITEM. THANK YOU DAVID. GREAT JOB. ALL RIGHT.

[IX.1. Consideration and possible action to establish a City of Lago Vista Hotel Occupancy Tax (HOT) Fund Policy - Grant Policy and direct the City Manager to negotiate and execute contracts for HOT funds.]

WE'LL MOVE ON TO ITEM NINE ONE CONSIDERATION OF POSSIBLE ACTION TO ESTABLISH A CITY OF LAGO VISTA HOTEL OCCUPANCY TAX, HOT FUND POLICY, GRANT POLICY AND DIRECT THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS FOR HOT FUNDS IN THIS ACTION ITEM. I GUESS NEEDS A LITTLE DISCUSSION ABOUT THE TITLE OF IT. SO I HAD REQUESTS FOR RELATED ITEMS FOR THIS. I'VE HAD MISS OWEN FOR MONTHS TRYING TO GET SOMETHING BROUGHT FORWARD ON THE APPLICATIONS AND THE POLICY. I HAD MR. BENNEFIELD AND MISS CHAVARRIA ASKING TO NEGOTIATE EXECUTE A CONTRACT FOR THE CHAMBER THROUGH MR. WEST. I HAD ALREADY REQUESTED THAT THIS ALL BE PUT ON THEIR IT'S ENTIRETY, AND MY UNDERSTANDING THAT SOME ARE NOT HAPPY THAT IT WAS ALL COMBINED INTO ONE. MY THINKING BEHIND THAT WAS TO MAKE THIS AS EFFICIENT AS POSSIBLE. I THINK THE END OF THE DAY, THE PUBLIC POLICY IS THE MOST IMPORTANT THING. NOT THAT EVERYBODY GETS THEIR OWN SPECIAL AGENDA ITEM. SO THIS WAS ONLY TO TRY AND PUT THINGS IN THE CORRECT ORDER, BECAUSE I THINK SOME OF THE REQUESTS ALL HAVE TO COME AFTER THE POLICY ITSELF IS CREATED.

SO MY ASKING QUESTION TODAY FOR COUNCIL IS TO DO IT IN ORDER. I THINK IN ORDER FOR YOU TO GET TO A CONTRACT OR HAVE AN APPLICATION OR HAVE A REIMBURSEMENT FORM, YOU GOT TO SPELL OUT THE POLICY FIRST. SO MY ASK IS WHEN WE DISCUSS THIS ITEM, START WITH THE POLICY.

LET'S STICK TO THE POLICY. ONCE THE POLICY IS DEVELOPED, MOVE ON TO THE APPLICATIONS, THE CONTRACT AND THE REIMBURSEMENT FORMS. AND MY HOPE IS BECAUSE THERE'S BEEN A LOT OF DISCUSSION ON THIS, ON DISCUSSION BOARD, THAT WE CAN GET TO A PLACE BY THE END OF TONIGHT WHERE WE ARE PRETTY CLOSE TO FINAL PRODUCTS. AND THEN ON APRIL 16TH, I WOULD LIKE TO SEE US HAVE CONSENT AGENDA ITEMS AND JUST KNOCK THESE THINGS OUT, BECAUSE I THINK THERE'S BEEN A LOT OF WORK ALREADY DONE ON THAT. MR. BENNEFIELD, THE ONLY THING I WOULD CORRECT YOU ON, MR. MAYOR, IS THAT YOU COMPLETELY OMITTED THE ENTIRE PACKET THAT WAS PRESENTED. SO FOR ATTACHMENTS WERE PROVIDED FOR THE CONTRACT, NONE OF WHICH ARE IN THE PACKET.

SO WHEN YOU SAY THAT THERE ARE CERTAIN INDIVIDUALS THAT ARE UNHAPPY OR DISGRUNTLED, THERE WAS A CHARTER VIOLATION BECAUSE TWO COUNCIL MEMBERS SPECIFICALLY REQUESTED FOR THAT TO BE ON THE AGENDA. AND YOU AND CHARLES BOTH ACKNOWLEDGED RECEIPT AND CONFIRMED THAT THOSE ITEMS WOULD BE IN THE PACKET. AND NONE OF THEM ARE. SO I JUST WANT TO MAKE SURE YOU MAKE IT CLEAR THAT WE'RE NOT I'M NOT DISGRUNTLED THAT IT WAS DONE AS A COMBINED DISCUSSION, OR EVEN IN WHICH ORDER IT WAS DISCUSSED. IT WAS THAT THE ENTIRE INFORMATION WAS OMITTED FROM THIS AGENDA PACKET. SO JUST THAT, TO BE CLEAR, I ADAMANTLY DISAGREE WITH THAT. I WOULD SAY THAT YOUR AUTHORITY TO PUT THINGS ON THE AGENDA IS THAT THEY GET ON THERE. I THINK WE'VE ALREADY HAD COUNCIL, WE HAD GENERAL COUNCIL GUIDANCE THAT WHERE IT GOES ON THERE AND HOW IT GOES ON, THERE ISN'T REALLY UP FOR THAT DISCUSSION AND NOTHING WAS OMITTED. IF YOU'RE MISSING SOMETHING IN THE PACKET, THE MAYOR DOESN'T PUT THE PACKET TOGETHER. SO IF THERE'S ANYTHING OMITTED, THEN I WASN'T AWARE OF THAT. MY UNDERSTANDING IS THAT THE FIRST ITEM THAT IS IN THE PACKET WAS SUBMITTED BY YOU. IT'S THE TML OVERVIEW DOCUMENT. I SAW IT IN THERE. IT LOOKED LIKE YOUR STUFF WAS IN THERE. SO IF STUFF'S MISSING IT'S JUST AN ERROR AND OMISSION. I DON'T THINK THAT'S A CHARTER VIOLATION. YEAH. THERE'S THERE'S THREE DOCUMENTS THAT ARE NOT IN THE PACKET. SO THAT'S AN OMISSION. THAT'S NOT AN INTENTIONAL TO TO JUST CLARIFY. IT'S YOU FRAME THIS AS A WE'RE DISGRUNTLE ABOUT THE ORDER IN WHICH IT'S BEING DISCUSSED. AND THAT'S NOT WHAT THE DISGRUNTLE WAS. THE DISGRUNTLE WAS, IS THAT THE INFORMATION WAS NOT IN THE PACKET, PERIOD. YEAH. WELL, JUST TO CLARIFY, I THINK THERE'S JUST AN OMISSION IF HOPEFULLY THOSE THINGS ARE ON THE DISCUSSION BOARD. IF THEY'RE NOT, THESE ITEMS, HOPEFULLY ALL COME BACK ON APRIL 16TH AND WE CAN PUT THOSE ITEMS IN THERE WITH THAT. I KIND OF LIKE TO START WITH STAFF. YOU'VE SEEN MULTIPLE POLICY ITERATIONS, LOTS OF DISCUSSION ON THERE. WHERE ARE WE ON SORT OF WHERE WE ARE ON THE POLICY? WHAT STEPS DO YOU NEED? WHAT GUIDANCE DO YOU NEED FROM COUNCIL TO GET YOU GUYS TO A PLACE WHERE WE CAN HAVE FINAL PRODUCTS ON THE 16TH? THE MAIN THING IS SOME CLEAR DIRECTION ON WHAT EXACTLY IS NEEDED. AND AND I DO AGREE WE NEED A POLICY IN PLACE FIRST, AND THEN WE CAN ISSUE CONTRACTS WITH WHOMEVER. WITH. THE STAFF TOOK STEPS THIS WEEK TO MAKE A REIMBURSEMENT TO THE CHAMBER FOR A PARTIAL REIMBURSEMENT OF WHAT WAS REQUESTED. OUR LEGAL COUNSEL ADVISED THAT WE DID NOT HAVE ENOUGH DOCUMENTATION THERE TO SUFFICE TO MEET THE INTENT OF THE LAW, BUT WITHOUT A TRUE POLICY IN PLACE, IT'S HARD TO

[01:45:07]

KNOW WHAT WE CAN AND CANNOT DO. AND POLICY IS SET BY THE COUNCIL, NOT STAFF. IT IS OUR JOB TO CARRY OUT THE DIRECTION OF THE COUNCIL. SO IF COUNCIL'S DIRECTION THAT WE DEVELOP A POLICY, I WILL WORK WITH BRAD AND WHOMEVER TO GET A POLICY DEVELOPED AND BROUGHT BACK. AND I'M MORE THAN HAPPY TO SIT DOWN AND NEGOTIATE ANY CONTRACTS THAT NEED TO BE DONE. ALL RIGHT.

THANK YOU. I THINK THE TWO MOST FLESHED OUT POLICIES I SAW, ONE CAME FROM BRAD, ONE CAME FROM MISS OWEN. I CAN START WITH EITHER ONE OF YOU IF YOU WANT TO. I THINK WE KIND OF ALREADY DISCUSSED YOURS. YOURS CAME BEFORE COUNCIL ONCE BEFORE. I THINK THAT'S BEEN DISCUSSED SEVERAL MEETINGS BACK. I MEAN, WHICH YOU'LL NOTE. I'LL JUST I'LL JUST NOTE IN GENERAL THE POLICIES THAT VARIOUS CITIES HAVE ARE GOING TO LOOK VERY SIMILAR BECAUSE THEY'RE ALL DRIVEN BY STATE LAW. STATE LAW DICTATES. CHAPTER 351 OF THE TAX CODE DICTATES HOW HOT FUNDS CAN BE REIMBURSED, AND THE REQUIREMENTS THAT ARE, THAT ARE NECESSARY IN ORDER TO OBTAIN REIMBURSEMENT, HOW THEY CAN BE SPENT, AND ALL OF THOSE REQUIREMENTS. SO WHAT I PROVIDED SOME MONTHS AGO, I DON'T KNOW, WAS A WAS A COPY THAT A PARTNER OF MINE HAD, I'M SORRY, A POLICY OF THAT. A PARTNER OF MINE AT OUR FIRM HAD PREPARED FOR ANOTHER CITY AND IT WAS FOR THE CITY OF BEE CAVE, TOOK OUT BEE CAVE, PUT IN LAGO VISTA. BUT THE POLICY ITSELF IS.

IT ADDRESSES, I THINK, ALL OF THE ISSUES THAT YOU NEED TO ADDRESS WHAT I'VE SHARED WITH YOU OR IS A. AN APPLICATION FROM THE CITY OF LOCKHART. I ALSO REPRESENT LOCKHART. AND YOU'LL SEE THAT THEY ALL KIND OF TRACK THE SAME INFORMATION BECAUSE IT'S ALL DICTATED BY STATE LAW. SO THE ADOPTION OF THE POLICY IS, IS, IS IMPORTANT. AND IT PUTS EVERYONE SORT OF ON, ON, YOU KNOW, KIND OF A PRACTICAL NOTICE. BUT AGAIN, THESE, THESE REQUIREMENTS ARE SET FORTH BY STATE LAW. WE CAN'T REALLY VARY FROM THOSE STATE LAW REQUIREMENTS. SO IN ORDER FOR IT TO BE ELIGIBLE FOR REIMBURSEMENT, ANY ENTITY THAT ASKS FOR ANY REIMBURSEMENT HOT FUNDS, THESE ARE THESE ARE TAX FUNDS. AND SO THEY HAVE TO MEET THOSE REQUIREMENTS. THEY HAVE TO PROVIDE THE PROPER DOCUMENTATION. AND IT'S NOT JUST THERE HAS TO BE TWO CONNECTIONS. THERE ARE TWO REALLY IMPORTANT CONNECTIONS THAT HAVE TO BE MET. AND ONE OF THEM IS THE IT HAS TO MEET ON ONE OF THE LIST OF NINE ITEMS THAT ARE SET FORTH IN STATE LAW.

SO THOSE ARE THE ITEMS IN WHICH YOU CAN SPEND HOT MONEY ON. AND THEN THE SECOND PART OF IT IS THAT IN ADDITION TO BEING FOR ONE OF THOSE NINE ITEMS, YOU HAVE TO DEMONSTRATE THAT THERE IS THAT DEMONSTRABLE IMPACT ON TOURISM. AND ABSENT THAT DEMONSTRABLE IMPACT ON TOURISM, YOU CAN YOU CAN SAY IT'S FOR ONE OF THESE NINE ITEMS, BUT YOU HAVE TO DEMONSTRATE THAT SOMEHOW. SO WHAT I SENT YOU MOMENTS AGO WAS THE APPLICATION FROM LOCKHART, AND IT LISTS OUT.

ELIGIBILITY. SO FOR EXAMPLE, HOW DO YOU PROVE OR DEMONSTRATE THAT NEXUS, THAT CONNECTION TO GENERATING OVERNIGHT VISITORS? AND THAT'S WHAT IT HAS TO BE. IT HAS TO BE GENERATION OF OVERNIGHT VISITORS FROM OUTSIDE CITY. HISTORIC INFORMATION ON THE NUMBER OF ROOM NIGHTS, CURRENT INFORMATION ABOUT A SIZE OF A ROOM BLOCK THAT'S BEEN RESERVED, HISTORICAL INFORMATION ON THE NUMBER OF GUESTS AT HOTELS OR OTHER LODGING FACILITIES THROUGH SURVEYS, GUEST DIRECTORIES AND OTHER SOURCES OR EXAMPLES OF THE PLANNED MARKETING OF THE PROGRAM AND ACTIVITIES THAT WILL LIKELY GENERATE OVERNIGHT VISITORS TO LOCAL, YOU KNOW, HOTELS OR OTHER LODGING FACILITIES. SO THOSE ARE THE TYPES OF THINGS THAT HAVE TO BE PROVIDED. THERE'S GOT TO BE A DEMONSTRATION OF AN ACCESS. THE EARLIER MEMO THAT I WROTE TO YOU, IT CITES SEVERAL ATTORNEY GENERAL OPINIONS, YOU KNOW, AS SUPPORT FOR THAT, THAT THOSE ARE JUST THE STATE LAW REQUIREMENTS AND THE ATTORNEY GENERAL'S OPINION, I'M SORRY, INTERPRETATION OF HOW TO APPLY IT. SO. ANYWAY, YEAH, I MEAN, ADOPT THE POLICY AND AND WE'LL IMPLEMENT IT. AND, AND, AND I THINK THE APPLICATION FORM THAT I SENT YOU, IT'S, IT'S ANOTHER ONE. IT SAYS CITY OF LOCKHART, YOU KNOW, TAKE OFF THAT, YOU KNOW, PUT IT IN THE PDF MACHINE AND TAKE OFF LOCKHART AND PUT PUT LAGO VISTA AND, OR SOMETHING TO THAT EFFECT. AND YOU KNOW, YOU'RE READY TO GO IF YOU WANT TO MAKE EDITS TO IT, OR YOU MAY. BUT AGAIN, IT STILL HAS TO CONFORM TO THOSE STATE LAW REQUIREMENTS. AND WE DON'T HAVE THE OPPORTUNITY OR THE ABILITY TO REALLY CHANGE THOSE. THANK YOU. MR. JUST ANOTHER QUESTION FOR BRAD. I HAD FORWARDED ACTUALLY, EVERYONE ON COUNCIL, INCLUDING YOURSELF, THE AGREEMENT WITH THE CITY OF BURNET AND HOW THEY UTILIZE THEIR THEIR CONTRACTS FOR INDIVIDUAL FESTIVALS. AND THEN

[01:50:05]

THERE'S ALSO THEIR VISITOR CENTER THAT IS UNDER CONTRACT. AND THEY ACTUALLY HAVE A SPECIFIC ORDINANCE THAT MENTIONS THEIR CHAMBER, AND THEY ACTUALLY HAVE OTHER ORDINANCES AS WELL THAT THAT FOR OTHER COMMUNITY PARTNERSHIPS AND COLLABORATION.

I WAS WONDERING IF, IF, IN YOUR OPINION, THAT THAT DOCUMENT THAT I SHARED WITH YOU FROM BERNETT WITH I MEAN, IT TALKS ABOUT THE LIKE THE CONFORMING WITH STATE LAW, WOULD THAT BE SOMETHING THAT WOULD BE EASILY REPLICATED HERE FOR LAGO? YEAH. I MEAN, LITERALLY JUST, YOU KNOW, PUT IN THE PDF MACHINE STRIP OUT BECAUSE THESE ARE THESE TYPES OF ORDINANCES AUTHORIZING THESE EXPENDITURES YOU'LL FIND ARE UNIFORM, BASICALLY FROM CITY TO CITY.

THERE MAY BE MINOR DIFFERENCES, BUT THEY ARE BASICALLY UNIFORM. AND THEY HAVE A COUPLE OF IMPORTANT CAVEATS IN THEM. AND THEY ARE THAT THIS THIS THESE ARE ALWAYS SUBJECT TO COUNCIL.

I MEAN, THE DISCRETIONARY AUTHORITY OF A CITY TO, TO HAND OVER TAX MONEY TO THIRD PARTIES IS DISCRETIONARY WITH THE CITY THAT THERE'S A BUDGET ALLOCATION. HOWEVER, IT'S NEVER A GUARANTEE, RIGHT. BECAUSE IT HAS TO BE REMAIN DISCRETIONARY WITH THE CITY. AND THEN IT'S IT REFERENCES THE VARIOUS SECTIONS OF STATE LAW THAT THAT, YOU KNOW, YOU HAVE TO COMPLY WITH IN ORDER TO, TO BE ELIGIBLE FOR THIS FOR, FOR THIS MONEY. AND SO, SO YEAH, I MEAN, THAT'S A VERY EASY ORDINANCE TO, TO, YOU KNOW, USE AS A, AS A TEMPLATE AND FOR, FOR THAT TYPE OF A THIRD PARTY THAT OPERATE. AND THAT'S, THAT'S A LITTLE BIT DIFFERENT BECAUSE THAT'S A THIRD PARTY THAT'S OPERATING AS AN ARM OF THE CITY INSTEAD. SO SOME CITIES, LARGER CITIES, THEY HAVE THEIR, YOU KNOW, VISITOR INFORMATION CENTERS AND CONVENTION BUREAUS AND ECONOMIC TOURISM DEPARTMENTS. THE LAW ALLOWS YOU TO DIVERT SOME OF THAT HOT FUND MONEY TO PRIVATE THIRD PARTIES WHO ACT AS THAT FOR THE CITY. BUT IN ORDER TO DO THAT, THEY HAVE REPORTING REQUIREMENTS, THEY HAVE AUDITING REQUIREMENTS, THEY HAVE THE MONEY MUST BE MAINTAINED IN A SEPARATE ACCOUNT, EXCUSE ME, ACCOUNT. AND THERE ARE BOTH PRE-EVENT AND POST-EVENT REPORTING REQUIREMENTS THAT HAVE TO BE FOLLOWED. AND WE DON'T HAVE THE ABILITY TO CHANGE THOSE. SO ALL OF THOSE THINGS ARE JUST SET FORTH. BUT YEAH, THAT THAT BURDEN ORDINANCE IS ABSOLUTELY JUST BASICALLY CUT AND PASTE. THANK YOU. AND SPEAKING OF CONTRACTS, THESE ARE WHAT I WAS UNDER THE ASSUMPTION IS WHEN I WAS LOOKING AT BURNETT'S POLICY, THEY HAVE THEIR OWN HOT FUND POLICY IN GENERAL, AND THEN THEY HAVE SPECIFIC ORDINANCES FOR DIFFERENT ENTITIES THAT THEY'RE PARTNERED WITH. IS THERE ANYTHING THAT WOULD PRECLUDE US AS A COUNCIL FROM ADOPTING A SIMILAR MEASURE, MEANING HOT FUND POLICY, BUT THEN ALSO CONTRACTUAL AGREEMENTS OR MEMORANDUMS OF UNDERSTANDING WITH OUR COMMUNITY PARTNERS? NO, IT'S I MEAN, THE, YOU KNOW, THE TML RECOMMENDS THAT THESE BE BY CONTRACT. AND CHAPTER 351 DOESN'T SPECIFY THAT. BUT BUT I MEAN, YOU KNOW, THAT IS THAT IS CLEARLY THE BEST PRACTICE. THERE'S NO QUESTION THAT THAT IS THE BEST PRACTICE. AND SO IF YOU'RE GOING TO HAVE A CONTRACT, THERE ARE TWO DIFFERENT KINDS OF CONTRACTS. ONE OF THEM IS A PER EVENT TYPE THING WHERE YOU ARE REIMBURSING AN ENTITY FOR THE EVENT THAT BRINGS IN TOURISM. AND THEN THE OTHER ONE IS LIKE, YOU'RE REIMBURSING A CHAMBER, WHICH IS TYPICALLY THE MOST COMMON ENTITY THAT ACTS AS IT, IT OVERSEES MULTIPLE EVENTS AND PERFORMS MULTIPLE FUNCTIONS, SUCH AS BEING A TOURISM. DEPARTMENT FOR THE CITY. SO THOSE WOULD BE SLIGHTLY DIFFERENT KINDS OF CONTRACTS WITH SLIGHTLY DIFFERENT KIND OF REPORTING REQUIREMENTS, JUST BECAUSE OF THE NATURE OF THE ONGOING NATURE OF, OF A CHAMBER ACTING IN THAT CAPACITY VERSUS A ONE TIME ONCE A YEAR EVENT. SO THERE'S, YOU KNOW, THERE'S THE CHAMBER TYPE MODEL REQUIRES MORE DOCUMENTATION BECAUSE YOU HAVE AN ONGOING TYPE OF RELATIONSHIP AS OPPOSED TO, YOU KNOW, A ONE WEEKEND TYPE EVENT TYPE THING. AND WOULD IT BE IN COUNCIL'S PURVIEW TO HAVE, I'M SORRY, I'M SORRY I LOST MY TRAIN OF THOUGHT HERE. SIMILAR TO THESE PER EVENT CONTRACTS, THEY, THEY HAVE A LOT. WHAT I'VE SEEN IS THAT THEY PUT A SPECIFIED CAP ON THAT. SO SAY THE CHAMBER SUBMITTED RECEIPTS FOR $84,000, BUT WE'VE LIMITED THEM TO ONLY $60,000 PER YEAR OR $30,000 PER YEAR. AND ANYTHING THAT THEY'VE SUBMITTED BEYOND THAT, OF COURSE, WOULD BE NON REIMBURSABLE. IS THAT CORRECT? YES, YES. SO SO FOR EXAMPLE, THE THE LOCKHART APPLICATION THAT I SENT YOU AS PART OF IT, IT SAYS THEY'VE SET A CAP OF A MAXIMUM

[01:55:06]

REIMBURSEMENT OF $10,000. AND THAT'S NOT A GUARANTEE. IT'S JUST THAT'S THE MAX. THAT'S BY POLICY. THERE'S NO LAW THAT GOVERNS THAT. THAT'S JUST THE THAT CITY COUNCIL'S DECISION TO MAKE TO CAP ANY REIMBURSEMENT AT THAT AMOUNT FOR WHOEVER IT IS. AND, AND IT'S FURTHER SAYS IN THAT DOCUMENT, THIS IS NOT A GUARANTEE. YOU'RE NOT GUARANTEED TO GET ALL OF THAT.

IT REMAINS DISCRETIONARY SUBJECT TO YOU PROVIDING ADEQUATE DOCUMENTATION. SO YES, IT'S ABSOLUTELY PERMISSIBLE TO CAP IT. AND THEN BY CAPPING IT, THAT DOESN'T CREATE SOME OBLIGATION TO PAY THE MAXIMUM AMOUNT THAT REMAINS DISCRETIONARY WITH THE CITY.

THANK YOU. YES, MA'AM. MAYOR PRO TEM. THANK YOU. BOY THIS HAS BEEN A RIDE, HASN'T IT, GUYS? AND WE'VE ONLY BEEN TRYING TO GET THIS DONE. AND FORGIVE US AS WE RELEARN OUR WAY. FIRST, I'D LIKE TO SAY THAT WE DO HAVE AN ORDINANCE IN PLACE. IT'S ARTICLE 4.1300 HOTEL OCCUPANCY. OCCUPANCY TAX. I AM GOING TO NOTE THIS ONE PHRASE IN IT. IF EVERYBODY WILL INDULGE ME, IT'S ANY OR ALL PORTIONS OF SUCH FUNDS MAY BE PAID TO THE LAGO VISTA CHAMBER OF COMMERCE TO FUND AND PAY THE COST, EXPENSES AND FEES FOR SERVICES OF THE CHAMBER OF COMMERCE AND. AND ADVERTISING AGREEMENT TO BE ENTERED INTO BETWEEN THE CITY AND THE CHAMBER OF COMMERCE. SO IT MENTIONS CHAMBER OF COMMERCE SEVERAL TIMES IN THERE. I THINK THAT THIS ORDINANCE DOES NEED TO BE UPDATED BECAUSE OF CURRENT CIRCUMSTANCES. AND THANKS TO YOU ALL, YOU'VE EXPANDED INTO VISITORS VISITOR CENTER EXPANSION. BEYOND THAT, I THINK, YOU KNOW, THERE IS A FRAMEWORK AROUND THIS THAT WE HAVE TO ADHERE TO. I MEAN, IT'S JUST NON-NEGOTIABLE. STATE LAW SAYS WE GOT TO HAVE IT. AND SO PART OF THAT IS THE RESOLUTION AND ORDINANCE IN REGARD TO. AND THAT INCLUDES ALSO IN THE POLICY SIDE THAT WE DO GO AHEAD AND ADOPT A POLICY, WHICH IS WHAT WE'VE BEEN DOING. AND WHAT I STARTED OR WE STARTED BACK IN JANUARY OR FEBRUARY, PUT FORWARD THAT DEFINES THE RULES AND THE GUARDRAILS. THE ONLY REASON I'M SAYING THAT HERE, IN TERMS OF JUST GETTING TO UNDERSTAND THE ENTIRE PROCESS BEYOND THAT, ARE THE AGREEMENTS OR THE ONGOING. SO YOU'RE DEFINING THE PARTNERSHIPS. AND IN MY CHAT ENABLED MULTIPLE ROUNDS OF IT, IT CAME UP WITH TRACK A, TRACK B, I THINK THAT SOUNDED LIKE, YOU KNOW, YOU HAVE YOUR ONGOING CONCERNS, WHICH IS THE CHAMBER, AND THEN YOU HAVE YOUR ONE OFF EVENTS AS WE WERE TALKING ABOUT, RIGHT? SO TRACK ATTACK B, THE LAST IS JUST TO REALLY MAKE IT EASY FOR OUR ORGANIZATIONS TO REALLY HELP GUIDE THE PROCESS IN TERMS OF, YOU KNOW, IF WE'RE AUDITED, THAT IF WE GIVE MONEY, WE DON'T HAVE TO COME TAKE IT BACK LATER.

THAT'S WHERE THE APPLICATION BEING VERY DETAILED, I THINK IS VERY, VERY HELPFUL BASED ON WHAT I WAS SEEING RIGHT NOW, WE ARE AWASH IN DOCUMENTS, AND SO IT'S GOOD TO KNOW THAT STAFF HAS PLENTY TO WORK FROM. I WILL SAY FROM A BASELINE HOT FUND POLICY THAT WHAT BRAD PROVIDED TO US REALLY DOES COVER THE BASIS. SO THAT CAN GET US WITH A LITTLE BIT OF LOT LAGO VISTA, YOU KNOW, CONCERNS. I THINK THAT BRAD HAS HEARD ENOUGH AND THAT CHARLES HAS HEARD ENOUGH THAT THEY COULD PROBABLY TWEAK THAT PARTICULAR ONE. NOW, I, I SAY THAT AND I ALSO WOULD LIKE TO THANK. THE CHAIRMAN OF THE CHAMBER, MR. JUSTIN, FOR GOING THROUGH THE DOCUMENTS AND GIVING US THE CHAMBER SIDE OF THE CONVERSATION, WHICH IS VERY HELPFUL. AND HE DID IT BY DOCUMENT PER SECTION. THAT MAKES IT EASY. SO IF Y'ALL COULD JUST WE WILL FORWARD THAT INFORMATION TO YOU GUYS TO TAKE INTO CONSIDERATION. I WOULD APPRECIATE THAT. SO FOR HERE TODAY, I THINK THE REGARDING THE POLICY, I THINK THAT ONE IS PRETTY STRAIGHTFORWARD. I'M NOT SURE IN TERMS OF THE OTHER ELEMENTS THAT WE COULD BEGIN TO DISCUSS TODAY, BUT I THINK WHEN WE GET INTO THE THE SERVICE AGREEMENT OR WHATEVER, WE'VE GOT PLENTY TO WORK FROM, ESPECIALLY, YOU KNOW, AS YOU PUT FORWARD. AND I MEAN, LIKE I SAID, WE'RE ALL WASHING DOCUMENTS. AND THE NICE THING IS WE'VE GOT A LOT BETWEEN PML AND THE HOTEL LOBBY ASSOCIATION.

YOU KNOW, I THINK WE CAN COME TO SOMETHING PRETTY QUICK ON THAT. LASTLY, THOUGH, I WOULD REALLY ASK AS WE GO FORWARD THAT DETAIL PART IN TERMS OF THOSE APPLICATIONS AND PARKS, YOU DIDN'T HAVE A CHANCE. THAT WASN'T I WAS USING THE FORUM TO HAVE THESE CONVERSATIONS OUT IN THE PUBLIC SO THAT OUR CHAMBER AND THE CHAMBER BOARD COULD SEE WHAT WE WERE DOING AND GIVE

[02:00:04]

REAL TIME FEEDBACK TO US SO THAT WE COULD MAYBE FURTHER THIS CONVERSATION A LITTLE MORE RAPIDLY. SO I WOULD, I WOULD SAY ANYTHING THAT WE GO AHEAD AND DECIDE THAT WE WANT TO MOVE FORWARD WITH. I'D LIKE TO PUT ON THE OR GET CONSENSUS ON PUTTING THAT STUFF ON THE FORUM SO THAT THEY CAN SEE IT AND THEY CAN, IN REAL TIME, GIVE US SOME INFORMATION BACK. SO AGAIN, I'M JUST THRILLED THAT WE'RE GETTING TO A PLACE WHERE WE'RE TALKING AND WE'RE GETTING CLOSE TO THE END ON THIS, GUYS. AND I APPRECIATE THE WORK THAT YOU ALL PUT INTO THIS. AND ANYWAY, SO IN REGARDING THE POLICY, IF THAT'S WHAT WE ARE DEALING WITH TODAY, I THINK TO ME IT'S PRETTY SIMPLE IN TERMS OF USING THE SAMPLE AGREEMENT WITH A LITTLE BIT OF CONSIDERATION FOR WHAT WAS PROVIDED TO US BY THE CHAMBER AND A COUPLE OF THE OTHER ITEMS THAT WE'VE TALKED ABOUT HERE TODAY. THANK YOU. YEAH. I WAS KIND OF THINKING THAT WHEN YOU WERE TALKING LIKE I HAVE THE CITY ATTORNEY HAS GIVEN US A POLICY. I WOULDN'T COMPLICATE THIS. LET'S JUST GO AHEAD AND SAY THAT THAT'S THE POLICY YOU WANT TO GO WITH. WITH A FEW TWEAKS. THERE'S AN INCORRECT QUOTATION OF THE PERCENTAGE, BUT THAT MIGHT HAVE BEEN FIXED ALREADY THE 6% AT LOCAL INSTEAD OF SEVEN. AND THEN SOME CONSIDERATION FOR THE CHAMBER. I WOULD LIKE TO HEAR COUNCIL HAS CONSENSUS ON LETTING THAT BE THE GENERAL BASIS OF THE POLICY AND GIVEN DIRECTION TO THE CITY MANAGER AND THE ATTORNEY TO GO AHEAD AND MAKE SURE THAT THAT ALL SHORES UP WITH EVERYTHING WE'RE DOING. JUST. MR. HALL, WANT TO SAY, I AGREE WITH THAT 100%.

AND TO AND YOU KNOW, I'VE READ ALL THE A NUMBER OF DIFFERENT CITIES EXAMPLES, BUT AS, AS OUR ATTORNEY SAID, THEY'RE, YOU KNOW, THEY'RE VERY SIMILAR. SO WE SHOULD BE ABLE TO MOVE FORWARD QUICKLY ON THIS. AND THE, YOU KNOW, IN ADDITION TO THE PEOPLE WHO COME AND STAY, I JUST THE GENERAL PROMOTION OF LAGO VISTA AND OUR BUSINESSES HERE ARE RECREATIONAL OPPORTUNITIES HERE IS SO CRITICAL. I'M VERY CONCERNED ABOUT OUR BUSINESSES BEING SUCCESSFUL. THEY NEED NOT ONLY OUR RESIDENTS TO USE THEM, BUT THEY NEED THE PEOPLE FROM THE SURROUNDING AREA COMING IN AND USING OUR RESTAURANTS AND AND OTHER BUSINESSES. SO AGAIN, I'M VERY AND THAT'S GOOD FOR THAT'S GOOD FOR NOT ONLY THOSE BUSINESSES AND THOSE BEING SUCCESSFUL, BUT THAT SALES TAX REVENUE IS VERY IMPORTANT TO THE CITY. SO AND THAT'S A, THAT'S A, AN AREA THAT WE COULD SIGNIFICANTLY EXPAND ON AS OUR BUSINESSES ARE SUCCESSFUL. SO I'M JUST SAYING LET'S, LET'S GET IT DONE. THANK YOU. MR. BANFIELD. WHEN IT COMES TO CONSENSUS, ONE OF THE THINGS I LIKED ABOUT THE NEW BRAUNFELS CONTRACT OR AGREEMENT IS THAT IT HAD A STIPULATION THAT ALL HOT FUNDS THAT WERE COLLECTED IN THE CALENDAR YEAR, 50% WERE ELIGIBLE TO THAT CHAMBER. AND SO INSTEAD OF EVERY SINGLE YEAR, THEY'RE HAVING TO BE A VOTE OR DISCUSSION FROM CITY COUNCIL ABOUT HOW MUCH SHOULD BE ALLOCATED TO THE CHAMBER. IT WAS JUST A SIMPLE 50% OF WHAT WAS COLLECTED THE PREVIOUS YEAR. AND SO THERE THERE DOESN'T HAVE TO BE ANY DISCUSSIONS EVER ON A YEAR TO YEAR BASIS, AND IT FORMS A BETTER RELATIONSHIP WITH THE CHAMBER FOR THEM TO HELP US GROW, BECAUSE THE MORE HOT FUNDS WE'RE COLLECTING, THE MORE MONEY. I MEAN, YOU WANT TO KNOW HOW TO INCREASE YOUR BUDGET? HELP US COLLECT MORE HOT FUNDS, YOU KNOW? AND SO IT BECAME A MORE OF A WORKING RELATIONSHIP RATHER THAN, YOU KNOW, HEY, IF YOU DO A REALLY GOOD JOB, WE MIGHT GIVE YOU AN EXTRA TEN GRAND, YOU KNOW, SO I LIKE THAT PROVISION IN THAT PARTICULAR CONTRACT. SO IT JUST WAS A VERY STABLE LINE ITEM IN THERE THAT SAID, HEY, YOU'RE ELIGIBLE UP TO 50% OF ALL FUNDS COLLECTED THE PREVIOUS YEAR. DO WE KNOW HOW MUCH WE COLLECT EVERY YEAR AND HOW FUNDS ON AVERAGE? IT WAS LAST YEAR, I BELIEVE IT WAS LIKE 174,000. IT WAS DOWN FROM 261 THE PREVIOUS YEAR. SO AS MUCH AS I LIKE THE 50% THAT THAT IS A SIGNIFICANT PERCENTAGE I DON'T WANT TO GIVE. YOU KNOW, JUST OFF THE BAT, SOMEBODY $100,000 CHECK. BUT IF THEY'RE ABLE TO PRODUCE AND OVER TIME, I MEAN, WE COULD UP TO 50% WOULD BE OKAY IN MY OPINION. I ACTUALLY REVIEWED NEW BRAUNFELS AGREEMENT AS WELL.

IT'S VERY, VERY NICE. AND THAT ALSO LEAVES THAT OTHER 50% FOR OTHER NONPROFITS AND OTHER ELIGIBLE ENTITIES TO APPLY AND GET INTO AGREEMENTS WITH THE CITY. MAYOR PRO TEM FOR THIS YEAR, WE HAD JUST DONE 50%. YOU WOULD HAVE NOT GOTTEN WHAT WE DID FOR YOU THIS YEAR, BECAUSE IT WOULD HAVE BEEN LESS SO MAYBE, I THINK A DEAL OF 50% OR, YOU KNOW, WE HAVE IT AT OUR DISCRETION. I'M NOT SURE HOW THAT WOULD POTENTIALLY GO IF IT HAS TO BE ONE OR THE OTHER.

BRAD, I DON'T WANT TO MAKE THIS COMPLICATED. I DO WANT TO JUST GET THIS DONE, BUT I ALSO WANT

[02:05:04]

TO STATE THAT ON THE ON THE FORUM IS SOMETHING THAT I CALLED AN UGLY DRAFT OF A CHAMBER AGREEMENT, WHICH HAS, WHICH BASICALLY WAS TAKEN OFF THE NEW BRAUNFELS. BASED ON YOUR COMMENT, COUNCILOR BENEFIELD ON THERE, THE REASON THAT I PUT THE MONIES IN THERE IS BECAUSE THAT'S WHAT WE AGREED TO ALREADY, BECAUSE WE'RE IN THIS YEAR AS IT STANDS IN TERMS OF A DRAFT. SO I THINK THAT'S OPEN. AGAIN, I JUST WANT TO SAY THANK YOU FOR. IT LOOKED A LITTLE SCHIZOPHRENIC FROM MY PART BECAUSE IT WAS A CULMINATION OF PULLING TOGETHER ALL THE DIFFERENT CLAUSES AND STUFF FOR US TO CONSIDER IN THERE. SO THANK YOU ALL FOR READING THROUGH IT. I CAN START THE CITIZEN COMMENTS NOW THEN, SINCE YOU ALL HAVE BEEN WAITING PATIENTLY. FIRST ONE I HAVE UP IS ALLISON SERGEANT AND I THINK I HAD JESSICA SAID SHE WAS GIVING HER TIME TO YOU. SO SIX SIX MINUTES. ALL RIGHT. GOOD. OH, THIS IS MY FACE. GOOD AFTERNOON. MAYOR, COUNCIL MEMBERS, COMMUNITY MEMBERS, CHAMBER MEMBERS AND BOARD MEMBERS AND STAFF. THANK YOU FOR ALL OF YOU THAT SERVE THIS COMMUNITY. I UNDERSTAND THE TIME AND ENERGY AND THE HEART THAT IT TAKES TO SHOW UP IN THESE ROLES. IT'S NOT EASY.

YOUR SUPPORT OF THE CHAMBER THROUGH THE APPROVED BUDGET LAST FALL IS PROOF OF THAT SUPPORT OF THE CHAMBER, AND I DO GENUINELY APPRECIATE THAT. UNFORTUNATELY, WE'RE STILL HERE TODAY AND AT THE NORTH LAKE TRAVIS CHAMBER OF COMMERCE AND VISITOR CENTER. WE ARE INCREDIBLY GRATEFUL TO SERVE AND AS A POSITIVE INFLUENCE TO OUR COMMUNITY. AND SIMPLY PUT, WE WERE CONNECTOR. WE CONNECT BUSINESSES TO COMMUNITY RESIDENTS, TO VISITORS AND VISITORS TO THE COMMUNITY AND THE CITY TO ECONOMIC GROWTH. WE WANT TO BE RECOGNIZED AS A COLLABORATIVE PARTNER. RIGHT NOW, WE'RE NOT BEING TREATED THAT WAY. WE'RE EXPERIENCING A LACK OF COMMUNICATION, ACCOUNTABILITY AND TRANSPARENCY. THIS IS IMPACTING NOT JUST OUR ORGANIZATION, BUT THE PERCEPTION OF THE EFFECTIVENESS OF THE CITY AS A WHOLE. WE ARE SEEING A LOT OF DUPLICATION OF EFFORTS, AREAS THAT THE CHAMBER HISTORICALLY HAS LED, AND WE CONTINUE TO PERSONALLY INFORM AND INVITE EACH OF YOU TO ALL OF OUR INITIATIVES. BUT WE ARE NOT INCLUDED IN YOUR EFFORTS IN RETURN. THAT'S NOT COLLABORATION. MORE IMPORTANTLY, IT SENDS THE WRONG MESSAGE ABOUT WHO WE ARE AS A COMMUNITY, AND WE SHOULD BE WORKING TOGETHER FOR THE BETTERMENT OF OUR COMMUNITY AS A WHOLE. OPERATIONALLY, WE'VE BEEN IN SURVIVAL MODE FOR SIX MONTHS. YOU KNOW THIS. I MET WITH ALL OF YOU LAST SUMMER ABOUT IT.

SURVIVAL MODE IS EXHAUSTING AND IS NOT SUSTAINABLE. I KNOW IT'S SOMETHING THAT YOU CAN SYMPATHIZE WITH. CHARLES. WE WERE HIRED ON THE EXACT SAME DAY, SO WE'RE GOING THROUGH IT, AND I THINK THAT'S PART OF IT. LAST SEPTEMBER, WE PUBLICLY COMMUNICATED THAT WE WERE NEARING A BREAKING POINT AFTER LEARNING SOME OF THESE HARD TRUTHS OF WHERE OUR ORGANIZATION THAT I INHERITED STANDS THROUGH SOME STRONG PROGRAMING, SUCCESSFUL EVENTS, AND THANKFULLY, THE TIMING OF OUR ANNUAL DUES IN JANUARY, WE HAVE MANAGED TO STRETCH FAR BEYOND WHAT WE THOUGHT WAS POSSIBLE. WE HAVE CONTINUED TO OPERATE THE VISITOR CENTER, EXECUTE LARGE SCALE EVENTS, AND SERVE THIS COMMUNITY WITHOUT REIMBURSEMENT OF APPROVED FUNDS.

THIS IS NOT DUE TO THE LACK OF EFFORT ON OUR END. WE HAVE ASKED FOR GUIDANCE. WE'VE REQUESTED CLARITY. WE FOLLOWED UP THROUGH EMAIL, PHONE, IN-PERSON MEETINGS. WE ASKED FOR AN MOU ON HOW WE CAN WORK TOGETHER ON EVENTS. WE'VE LOOPED IN COUNCIL MEMBERS WHEN NEEDED. YET WEEKS AND SOMETIMES MONTHS HAVE GONE BY WITH LITTLE TO NO RESPONSE OR RESPONSES THAT MAYBE REQUIRE CORRECTION OR FURTHER BACK AND FORTH. AT THE SAME TIME, WE'VE DONE OUR HOMEWORK. WE HAVE EXPERT RESOURCES AND CONNECTIONS WITH THE T H A WHO ARE AVAILABLE, AND THEY ARE WILLING TO HELP US EDUCATE THE CITY AND THE CHAMBER AND GUIDE US ON HOW OUR BEST PRACTICES NEED TO BE. WE ARE NOT AGAINST POLICIES OR CONTRACTS. WE ENCOURAGE THEM.

YOU KNOW, HOT FUNDS ARE NOT CITY FUNDS TO HOLD ON TO AS AN ASSET. YOU HOLD HOLDING ON TO THEM AND DISTRIBUTE THEM. BUT IT'S FOR THE BETTERMENT FOR OUR COMMUNITY AND IT'S FOR THE GREATER GOOD. AND THESE ARE TWO PRONGED FUNDS THAT ARE MEANT TO BE SPENT ON TOURISM AND HOTEL ACTIVITY. SO THE QUESTION BECOMES, WHY ARE THESE FUNDS BEING HELD ON TO, YOU KNOW, THERE'S OVER $1 MILLION IN THIS ACCOUNT AND THAT HAS BEEN ACCUMULATING FOR YEARS AND YEARS AND YEARS. WHY ARE WE SETTING UP AN UNATTAINABLE RED TAPE FOR US TO. TO SUPPORT OUR COMMUNITY WITH THESE FUNDS? WHY ARE WE NOT BEING USED TO GENERATE OR WHY ARE THEY NOT BEING USED TO GENERATE ECONOMIC RETURN? HOLDING ONTO THESE FUNDS IS DOING A DISSERVICE TO OUR CITY. WHEN SPENT PROPERLY, OUR HOT FUNDS DRIVE OUR SALES TAXES AND OUR PROPERTY TAX REVENUE, AND OUR FUNDS CAN THEN CAN BE USED WITHIN THE CITY. NOT SPENDING THEM IS

[02:10:01]

COUNTERINTUITIVE TO OUR ECONOMIC AND GROWTH. WE BELIEVE THERE IS NO THERE IS SO MUCH OPPORTUNITY HERE. ANOTHER THING TO NOTE THAT THERE ARE NO ORDINANCES IN PLACE FOR SHORT TERM RENTALS TO CONSISTENTLY, CONSISTENTLY CONTRIBUTE TO THE FUNDS. IF YOU LOOK ON AIRBNB, THERE'S OVER A THOUSAND LISTINGS IN LAGO VISTA ALONE. THIS GAP NEEDS TO BE ADDRESSED QUICKLY. IF WE ARE GOING TO GO WITH THIS 50% SITUATION, BECAUSE YEAR BY YEAR, IT'S I MEAN, NOT NOT ALL THESE PEOPLE ARE PAYING INTO THIS ACCOUNT. WE'RE ASKING FOR TRANSPARENCY.

I'M REQUESTING PUBLIC ACCESS TO THE LAST FIVE YEARS OF HOT FUND ACCOUNTING AND CLARITY ON HOW TOURISM RELATED SPENDING IS TRACKED AND REPORTED IN-HOUSE. WE ARE ALSO BEING HELD TO A STANDARD, AND WE REQUEST THAT THAT STANDARD IS CLEARLY DEFINED AND APPLIED CONSISTENTLY TO ALL WHO DELIVER TOURISM RELATED HEADS AND BEDS EVENTS. WHAT IS THE ROLE OF THE CITY ECONOMIC DEVELOPMENT STAFF IN DRIVING ECONOMIC VALUE? HOW DOES THAT DIFFER FROM THE CHAMBER'S ROLE, AND HOW DO WE ALIGN THESE EFFORTS INSTEAD OF DUPLICATING THEM? RIGHT NOW, THE LACK OF CLARITY AND CONFUSING CONFUSION TO OUR COMMUNITY IS EMBARRASSING FOR BOTH OF US. WE ARE NOT IN COMPETITION WITH YOU. WE'RE HERE TO SUPPORT YOU. WE WANT TO BE TREATED ACCORDINGLY. THERE'S OUTDATED PERCEPTIONS IN CONVERSATIONS THAT ARE HAPPENING THAT DO NOT REFLECT WHO WE ARE TODAY. IN THE PAST NINE MONTHS, I HAVE CONDUCTED A FULL OPERATIONAL AND FINANCIAL AUDIT. I'VE REBRANDED OUR ORGANIZATION, I'VE BUILT OUT OUR VISITOR CENTER, IMPLEMENTED, IMPLEMENTED A NEW CRM AND WEBSITE, EXPANDED OUR EXPANDED OUR MARKETING REACH ON SOCIAL MEDIA'S, DELIVERED CONSISTENT, HIGH IMPACTING PROGRAMING, AND STARTED A LOCAL NEWSPAPER TO BRING OUR COMMUNITY TOGETHER. THERE IS INFLUENCE FROM OUR PAST LEADERSHIP, OUTDATED PERCEPTIONS AND CONVERSATIONS THAT ARE HAPPENING THAT DO NOT REFLECT WHO WE ARE TODAY. AND I WANT TO BE VERY CLEAR THAT OUR PAST LEADERSHIP DID AN AMAZING JOB WITH MAKING THE CHAMBER LOOK SUCCESSFUL. WHAT GREW HERE WAS NOT NOTHING. IT HAS BEEN FRUITFUL, A FRUITFUL, FRUITFUL PARTNERSHIP FOR DECADES. I UNCOVERED INFORMATION ON MY OWN THAT I WAS NOT PRIVY TO WHEN ACCEPTING THIS POSITION. THIS IS NOT THE CHAMBER THAT IT USED TO BE. AND WE HAVE ASKED RESPECTFULLY OF CITY STAFF AND ARE NOW PUBLICLY ASKING TO STOP ASKING QUESTIONS AND REFERRING TO THE PAST FOR ANY HISTORICAL INFORMATION BECAUSE IT'S NO LONGER VALID OR RELEVANT. I'M NOT CHANGING THINGS BECAUSE I WANT TO. I'M NOT CHANGING THINGS JUST BECAUSE I'M MAKING NECESSARY CHANGES, EVOLVING, REINVENTING. I QUESTION EVERYTHING I ASK WHY I ASK HOW I ASK WHO BECAUSE THAT IS WHAT WAS REQUIRED OF LEADERSHIP. IT BAFFLES ME THAT NOT ONE PERSON HAS QUESTIONED ANYTHING WITH HOW THIS HAS BEEN REPORTED FOR THE LAST 15 YEARS, AND HOW HISTORICALLY HUMANS HAVE HISTORICALLY BEEN USED. WE NEED TO TREAT THIS AS A POSSIBLE. WE SHOULD BE TREATED AS A POSSIBLE ASSET AND PARTNER THAT WE ARE.

AND WE AS A CHAMBER STAFF WANT TO MOVE FORWARD IN THAT WAY. WE WANT TO BE REFLECTIVE THAT OF A KIND OF COMMUNITY THAT WORKS TOGETHER. THIS IS A STEP IN THE RIGHT DIRECTION. WE'RE VERY GRATEFUL FOR THIS. WE KNOW THERE ARE SOME GROWING PAINS, BUT THAT'S A GOOD THING. SIX MONTHS WITHOUT DIRECTION OR ACTION, HALF A YEAR WHEN WE'VE BEEN TRYING. BRINGING THIS TO A HEAD IS IS NECESSARY. UNFORTUNATELY, WE DID RECEIVE LESS THAN HALF OF PAYMENT OF WHAT WE REQUESTED YESTERDAY, AND WHILE WE'RE GRATEFUL FOR THAT SHOW OF FAITH, IT REQUIRES A SIGNIFICANT IT REQUIRED A SIGNIFICANT AMOUNT OF ESCALATION TO GET IT THERE AND STILL DOES NOT RESOLVE OUR ISSUES AT HAND. A CHECK IN HAND IS NOT NOTHING AND WE ARE GRATEFUL FOR THAT. THERE'S A SLEW OF CONTRACTS ON THE COUNCIL FORUM, AND WITH ANOTHER QUARTERLY SUBMISSION JUST PASSED, NO CLEAR DIRECTION. WE ARE GRATEFUL THAT THIS IS IS WE'RE ACTING QUICKLY ON THIS. AND IN CLOSING, WE WANT TO BE A COLLABORATOR, NOT A COMPETITOR.

WE WANT TO ALIGN ON WHAT THE CITY IS WANTING. WE WANT TRANSPARENCY AND COMMUNICATION, AND WE WANT SOME ACCOUNTABILITY. I DEEPLY CARE ABOUT THIS COMMUNITY, JUST LIKE MANY OF YOU. AND A COPY PASTE POLICY I DON'T THINK IS GOING TO WORK BECAUSE ONE CITY IS NOT ONE CITY. WE ARE A SAME AS ONE CHAMBER IS NOT ONE CHAMBER CHAMBER LIKE WE ARE ALL SO DIFFERENTLY RUN WE ARE. WE ARE A TOWN OF MOM AND POPS. WE ARE A SMALL COMMUNITY. WE WOULD LIKE A SEAT AT WHAT IS GOING TO BE PUT INTO THAT POLICY. WE WANT OUR ATTORNEY TO LOOK AT THAT AS WELL, TO SEE IF IT'S EVEN ATTAINABLE. YEAH. THANK YOU. THANK YOU. I HAVE MISS I HAVE CHELSEA JACOBSEN. COULD YOU GIVE IT TO JUSTIN. OKAY. I HAVE JUSTIN LOUCKS. HELLO COUNCIL. THANK YOU SO MUCH FOR HAVING US. I APPRECIATE YOU ALL. THANK YOU STAFF. THANK YOU FOR THE BOARD MEMBERS THAT COULD ATTEND. WE'RE REALLY EXCITED ABOUT THE FUTURE. WE'RE EXCITED

[02:15:05]

ABOUT WHERE THIS IS HEADED AND OUR PARTNERSHIP TOGETHER. SO AS BOARD PRESIDENT, IT'S IMPORTANT FOR ME TO VOICE SOME OF THE CONCERNS THAT HAVE COME TO LIGHT. SO I'VE GOT A FEW THAT I WANT TO RUN DOWN THROUGH HERE JUST TO GET THEM OUT IN THE OPEN AND LET YOU GUYS KNOW. SO ON ELIGIBILITY, THE CHAMBER HAS NOT REQUESTED REIMBURSEMENT FOR ANY INELIGIBLE EXPENSES. WHILE TAX LAW EVOLVES AND INTERNAL CITY PROCESSES MAY NEED UPDATING, THE EXPENSES WE SUBMITTED WERE COMPLIANT. IF THERE ARE CONCERNS ABOUT SPECIFIC LINE ITEMS, WE ASK THAT THE CITY BRINGS THOSE TO US DIRECTLY INSTEAD OF CIRCULATING IN ANY WAY WITH THE PUBLIC OR WITH OTHER PEOPLE, THAT THAT CAN CREATE UNNECESSARY UNCERTAINTY IN THE COMMUNITY AND WHATNOT. SO ON TIMING, SIX MONTH DELAY IN REIMBURSEMENT OCCURRED WHILE THE CHAMBER WAS ACTIVELY RESTRUCTURING PROGRAMS AND REVENUE TO DELIVER GREATER IMPACT. DELAYED HOT FUNDS DON'T JUST AFFECT THE CHAMBER, THEY SLOW THE VISITOR ECONOMY THAT GENERATES SALES TAX REVENUE FOR THE ENTIRE CITY, INCLUDING RELIEF FOR RESIDENTIAL TAXPAYERS. ON METRICS AND DOCUMENTATION. WE UNDERSTAND THE NEED FOR TOURISM NEXUS DOCUMENTATION. LET US KNOW WHAT'S REQUIRED, WE CAN PROVIDE IT AND WHERE NEEDED. WE'RE CONFIDENT THE CITY MIGHT HAVE SOME DATA TO SUPPORT OUR IMPACT. WE'RE ON TRACK FOR OVER 1000 ANNUAL VISITORS TO THE VISITOR CENTER, AND OUR EVENTS ARE CONSISTENTLY BRINGING IN OVERNIGHT GUESTS. THAT SAID, HOT ELIGIBILITY IS FORWARD LOOKING, NOT RESULTS BASED. THE TWO PART TEST IS WHETHER THE EXPENSES REASONABLY EXPECTED TO PROMOTE TOURISM AND WHETHER IT FALLS WITHIN THE AUTHORIZED USE. IF PRE EXPENDITURE DOCUMENTATIONS DOCUMENTATION IS REQUIRED OR WAS REQUIRED, THAT EXPECTATION HASN'T BEEN CLEARLY SET YET, BUT WE'D BE HAPPY TO MOVE IN THE FUTURE TOWARDS THAT. SO FAR, WE'VE ACTED BASED ON WHAT WAS PUBLICLY APPROVED AND DISCUSSED IN HEARINGS. SO THIS IS ALSO IN REFERENCE TO, YOU KNOW, IF WE WE MOVE FORWARD WITH BREWS AND BALLOONS AND IT RAINS, THEN THERE NEEDS TO BE PROVISIONS FOR REIMBURSEMENT AND THINGS LIKE THAT, DESPITE WHATEVER THE RESULT IS OF THAT. AND I THINK THAT THAT'S LAID OUT IN THE LAW PRETTY WELL, BUT IT NEEDS TO BE ADDRESSED. ON THE APPROVED BUDGET AND TIMELINE. THE COUNCIL APPROVED APPROXIMATELY 100,000 IN FUNDING. CHAMBER BEGAN TO SPEND THOSE FUNDS. ACCORDINGLY. SIX MONTHS PASSED. NO REQUESTS FOR ADDITIONAL DOCUMENTATION OR NOTICE OF CONCERN. IT IS NOT REASONABLE TO APPROVE FUNDING, ALLOW EXPENDITURES AND THEN ESTABLISH GROUNDS FOR NON PAYMENT AFTER THE FACT. IF EXPECTATIONS DIFFER, WE NEED TO CLEARLY HAVE THOSE THOSE DEFINED IN THE FUTURE. ON HOT FUNDS STEWARDSHIP. WE WELCOME CLARITY ON HOW HOT FUNDS WILL BE USED GOING FORWARD AND WHAT STANDARDS WILL APPLY CONSISTENTLY TO THE CHAMBER, THE CITY AND ANY OTHER QUALIFYING ORGANIZATIONS. WE'RE ALSO WILLING TO HELP WITH UNDERSTANDING ELIGIBILITY AND STRENGTHEN THE OVERALL PROCESS FOR THESE FUNDS TO BE USED EFFECTIVELY BY OTHER ORGANIZATIONS THAT BRING VALUE TO OUR COMMUNITY AND HELP THEM ALONG THE PROCESS. ON THE VISITOR CENTER, HOT DOCUMENTS PRESENTED ON THE COUNCIL FORUM SO FAR DO NOT OUTLINE A CHAMBER PARTNERSHIP IN THE VISITOR CENTER OPERATION. AT THE SAME TIME, WE UNDERSTAND WITH THE CITY PURSUING THE BUILDING THAT WE'RE IN AS TENANTS, YOU KNOW, IT SUGGESTS SOME POTENTIAL TRANSITION, MAYBE EVEN TO LOOK AT HAVING ITS OWN VISITOR CENTER. SO IF THAT WERE THE DIRECTION, WE JUST NEED DIRECT COMMUNICATION AND ADEQUATE LEAD TIME, IF NOT SIMPLE CLARIFICATION WOULD RESOLVE CONCERNS. SO AGAIN, JUST COMMUNICATION. WE WANT TO UNDERSTAND WHAT'S GOING ON AND FEEL LIKE WE HAVE A RELATIONSHIP WITH YOU GUYS AND WE CAN ADJUST AS AS THOSE THINGS ARE NEEDED. SO ON CONTRACTS UNDER TEXAS TAX CODE, CHAPTER 351, AND AS CONFIRMED BY THE TEXAS HOTEL AND LODGING ASSOCIATION, FORMAL CONTRACTS BETWEEN MUNICIPALITIES AND CVBS ARE NOT STRICTLY REQUIRED. THAT SAID, AS AS ALLISON DID, WE ARE COMPLETELY OPEN TO ENTERING INTO A CONTRACT, PROVIDE THE TERMS ARE WORKABLE AND CREATE MUTUAL ACCOUNTABILITY. SO OUR.

ASK. ONCE THE CITY PROVIDES A PROPOSED CONTRACT AND REIMBURSEMENT TEMPLATE, WE REQUEST THE OPPORTUNITY TO REVIEW THEM AND IF NEEDED, INVOLVE OUR COUNCIL TO ENSURE CLARITY AND PRACTICALITY FOR ALL PARTIES. WE BELIEVE THAT IS A REASONABLE STEP TOWARD A STRONG AND DURABLE PARTNERSHIP. WE ARE COMMITTED TO THIS COMMUNITY. WE SIMPLY WANT TO PROCESS. WE WANT A PROCESS THAT IS CLEAR, FAIR AND ALLOWS VISITOR DOLLARS TO DO WHAT THEY'RE INTENDED TO DO. SUPPORT LAGO VISTA. ALL RIGHT. THANK YOU. IS THERE ANY OTHER CITIZENS WHO WISH TO SPEAK ON THIS ITEM? HEARING NONE, I BRING IT BACK TO COUNCIL FOR DISCUSSION. I ACTUALLY, ALLISON, I WANTED TO THANK YOU FOR BRINGING UP THE STR METRICS.

THAT IS SOMETHING THAT I'M ACTUALLY WORKING WITH THE CONTROLLER ABOUT TO FIGURE OUT

[02:20:06]

WHY OUR REVENUE FROM STR HAS GONE DOWN SIGNIFICANTLY. AND I THINK IT'S BECAUSE POSSIBLY HOW SALES AND WHATNOT. BUT I'M ALSO CONCERNED THAT WE'RE THERE'S A LOT OF STARS THAT ARE OPERATING AND THEY'RE NOT JUST, THEY'RE NOT PAYING IN TO, TO THAT. AND THAT IS A, ANOTHER ORDINANCE SITUATION THAT WE NEED TO ADDRESS. I BELIEVE MR. BENEFIELD HAS BEEN TRYING TO CHAMPION AN SDR. YOU KNOW, REQUIREMENT THAT WOULD PUT IN A REGISTRATION NUMBER. AND THAT WAY, IF WE PROVIDED THAT TO AIRBNB, VRBO OR ANY OF THE REAL ESTATE AGENCIES, THEN IT WOULD BE REQUIRED FOR THEM TO SUBMIT TO THE CONTROLLER HOT TAXES ON THEIR ON THE PAYERS ARE ON THE OWNER'S BEHALF. IT KIND OF GETS RID OF THE MIDDLEMAN. SO THANK YOU FOR BEING AWARE AND KNOWLEDGEABLE OF THAT. MISS VANESSA, I JUST WANTED TO COMMENT. I THINK YOUR SUGGESTION TO GET YOUR ATTORNEY INVOLVED TOO, SO WE CAN KIND OF WORK IN TANDEM. I KNOW WE WANT TO GET THIS PROCESS DONE AND THE AGREEMENT DONE, BUT I THINK GETTING THEIR TAKE ON IT AS WELL TO MAKE SURE THE AGREEMENT IS GOING TO WORK MUTUALLY BETWEEN THE CITY AND THE CHAMBER BECAUSE IT IS A SPECIAL PARTNERSHIP. MAKES SENSE TO ME. SO I WOULD ADVOCATE THAT WE TAKE THAT APPROACH. IF WE HAVE OUR POLICY OR, SORRY, OUR AGREEMENT, OUR DRAFT AGREEMENT IN PLACE, THEN GET IT OVER TO THOSE GUYS FOR REVIEW AND JUST TRY TO EXPEDITE THE COMMUNICATION BACK AND FORTH. I DIDN'T KNOW WHICH ONE. MAYOR PRO TEM MISTER PRINCE. THANK YOU. FIRST AND FOREMOST, I DO WANT TO SAY THE POLICY IS NOT JUST CHAMBER ORIENTED. IT IS FOR THE CITY WIDE. SO YOU KNOW THAT THAT IS THE BROADER. AND SO THAT ACTUALLY FROM A CITY POINT OF VIEW, THAT REALLY IS A CITY SPECIFIC DOCUMENT. BUT OUT OF THAT, WE DO WANT TO TAKE INTO CONSIDERATION WHAT THE CHAMBER NEEDS. AND WE OBVIOUSLY HAD THAT IN MIND IN THE PAST.

IT'S IN OUR ORDINANCE VERY EXPLICITLY, AS I READ, IN REGARD TO THE CHAMBER. SO WE DO NEED TO GET THAT IN PLACE. PART OF THE REASON I UNDERSTAND NOT COOKIE CUTTER, BUT HAVING SOMETHING IN PLACE DOES GIVE US THE ABILITY TO MOVE FORWARD, TO BE ABLE TO PROCESS THE VERY ITEMS THAT THEY ARE GIVING US. WITHOUT A POLICY, WE ACTUALLY ARE OPEN TO SOME SIGNIFICANT COMBAT CLAWBACK PROVISIONS ON THEM AS WELL AS US. SO I THINK DEFINITELY WHATEVER WE CAN DO TO SIMPLIFY AND MOVE THIS FORWARD QUICKLY TO COVER OUR GROUNDS. SECONDLY, I WANT TO SAY, YES, THAT IS RIGHT. YOU CAME ON THE SAME TIME AT CHARLESTON. DURING THAT TIME.

THERE'S SIGNIFICANT TURNOVER ABOUT THAT SAME TIME, AS I UNDERSTAND, WE'VE BEEN IN A CLASS FOR THE LAST TWO DAYS ON MUNICIPAL FINANCING AND FOUND OUT THERE'S BEEN A LOT OF MAYBE MAGNIFYING GLASS ON HOT FUNDS ON CITIES THROUGHOUT THE STATE. SO WE'VE HAD LIKE A TRIPLE WHAMMY IN REGARD TO WHAT ARE YOU DOING, RIGHT? WHAT ARE YOU DOING WRONG? WILL YOUR PROVISIONS THAT YOU'RE DOING, YOUR POLICIES, HOW YOU ARE EXPENDING FUNDS, HOW YOU ARE ASKING FOR REPORTING IS UP TO DATE SO THAT WE ARE AUDIT PROOF. AND THE SAME THING, YOU KNOW, FOR YOU GUYS. AND SO, YOU KNOW, YOU ADD TO THAT THAT THE CITY COUNCIL LIKES TO DISCUSS THINGS PRETTY THOROUGHLY. AND SO IT DOESN'T HAPPEN MANY TIMES LIKE TODAY IN A ONE AND DONE KIND OF MEETING. WE ONLY HAVE MEETINGS TWICE A MONTH. THERE'S PART OF THE DELAY IN ALL OF THIS THAT SITS AT ALL OF OUR FEET. WE'VE BEEN TRYING TO DO THIS FOR A LITTLE WHILE. THAT SAID, I THINK WE'RE ALL DEFINITELY INSPIRED TO MOVE FORWARD VERY QUICKLY. SO I REALLY, IN REGARD TO THE POLICY, GETTING THAT, THAT IS JUST PARAMOUNT. ONCE THE ONCE THE POLICY IS IN PLACE, BECAUSE WE ALREADY HAVE AN ORDINANCE THAT REALLY FREES OUR HANDS A LOT TO GO AHEAD AND MOVE FORWARD TO PROCESS THE VERY ITEMS THAT Y'ALL ARE GIVING US TO DATE. OKAY, SO I JUST KIND OF WANTED TO LAY THAT BACKGROUND. THAT'S WHY I'M FERVENTLY PASSIONATE ABOUT GETTING THE POLICY MOVING FORWARD. THANK YOU, MISTER PRINCE. I THINK MR. BENFIELD HAD HIS HAND UP FOR A WHILE. I, I DON'T KNOW, I DON'T HAVE ANY COMMENTS READY NOW, MR. BENFIELD. WELL, YOU KNOW, A LOT OF PEOPLE LIKE ME BECAUSE I'M WILLING TO SAY WHAT NOBODY ELSE WILL SAY. AND A LOT OF PEOPLE DISLIKE ME BECAUSE I'M WILLING TO SAY WHAT NOBODY ELSE WILL SAY. SO I'LL JUST SAY IT. YOU KNOW, THE CHAMBER, THERE WAS DISCUSSIONS ABOUT HOW OUR CHARITABLE CONTRIBUTIONS WERE MADE STARTING GOING ALL THE WAY BACK TO 2024. THERE WERE

[02:25:03]

CONCERNS SHARED THEN DURING THE DISCUSSION PROCESS. BUT WHILE I WAS ON COUNCIL IN JUNE, JULY, AUGUST AND SEPTEMBER, THERE WAS DISCUSSIONS ABOUT WHAT WAS LEGAL, WHAT WASN'T LEGAL. WE ENDED UP NOT FUNDING A LOT OF ORGANIZATIONS THAT HAD HISTORICALLY BEEN FUNDED BY OUR VARIOUS CHARITABLE CONTRIBUTIONS. AND IN ALL OF THOSE DISCUSSIONS WAS THE DISCUSSION ABOUT HOW WE FUND THE CHAMBER. THEY HAD A PREVIOUS YEAR OF, I THINK IT WAS $50,000 THEY RECEIVED FOR EQUAL PAYMENTS, AND THEY JUST SHOWED UP. WAS THAT 48,000? THEY SHOWED UP ON, YOU KNOW, A SPECIFIC DAY. THEY COLLECTED THEIR QUARTERLY PAYMENT AND THEY WENT ON ABOUT THEIR WAY, YOU KNOW, AND THAT'S JUST KIND OF THE WAY IT WORKED. AND OCTOBER MARKED THEIR VERY LAST PAYMENTS. THAT WAS THE LAST TIME THE CITY OF LAGO VISTA HAS GIVEN THEM A NICKEL OR A DIME FOR ALL OF THE WORK AND EFFORTS THAT THEY'VE DONE SINCE THAT TIME. AND SO HERE FOR DECADES, THEY HAVE RELIABLY SHOWN UP, PICKED UP A CHECK AND DEPOSITED THAT CHECK AND IN GOOD FAITH, WORKED AND OPERATED FOR THE BETTERMENT OF THE BUSINESSES IN OUR COMMUNITY. AND THAT CAME TO A SCREECHING HALT IN OCTOBER. AND SINCE THAT TIME, IN MY OPINION, LITTLE TO NO EFFORT HAS BEEN OUT THERE TO ASSIST THE CHAMBER IN COLLECTING ANY FUNDS. THEY HAVE REACHED OUT TO THE CITY MANAGER, THEY HAVE REACHED OUT TO COUNCIL MEMBERS.

THEY HAVE, IN MY OPINION, DONE ANYTHING AND EVERYTHING NECESSARY TO GET FUNDING. THEY HAVE SUBMITTED DOCUMENTS, THEY'VE SUBMITTED REPORTS, THEY'VE SUBMITTED RECEIPTS AND THEY ARE SIMPLY TOLD, NO, THIS DOESN'T MEET THE THRESHOLD AND GO TRY AGAIN. THEY HAD A SIT DOWN MEETING WITH NORMA. JESS. JEFF WAS THERE, ALLISON WAS THERE, CHARLES WAS THERE, ED WAS THERE AND MYSELF WAS THERE BACK IN FEBRUARY. AND THEY SHARED DESPERATION, SAYING, HEY, WE NEED A BETTER PARTNERSHIP WITH THE CITY OF LAGO VISTA. WE TALKED ABOUT HOW THE CITY TREATED THEM ON THE BEERS AND BALLOONS ACTIVITY. YOU KNOW WHAT SHOULD HAVE BEEN A VERY SIMPLE, YOU KNOW, CAN WE BORROW YOUR STUFF AND CAN WE USE YOUR STUFF? AND, YOU KNOW, THIS COLLABORATIVE RELATIONSHIP, THE ANSWERS THAT WERE HISTORICALLY ABSOLUTELY WERE A PARTNERSHIP.

WE'RE A TEAM. LET'S WORK TOGETHER BECAME A NO NO, THAT'S NOT OUR JOB. WE DON'T HAVE THAT RESPONSIBILITY. AND A NEW RELATIONSHIP WAS FORMED NOT WITH THE CITY OF LAGO VISTA, BUT WITH THE PO PO SAID, HEY, YOU KNOW WHAT? IF THE CITY OF LAGO VISTA WILL HELP YOU OUT? WE WILL. AND IN THEIR MOMENT OF NEED, THE PO STEPPED UP AND HELPED MAKE THAT EVENT HAPPEN ON A ON A ON A DIME'S NOTICE, RIGHT? IT WASN'T THE CITY OF LAGO VISTA, IT WAS THE PO. AND SO ANYWAY, WE TALKED ABOUT THAT. WE TALKED ABOUT WHAT DO WE NEED TO DO TO GET THE CITY TO GET THESE REIMBURSEMENTS FUNDED? THIS WAS FEBRUARY 2ND, MIND YOU. AND WE TALKED ABOUT, WELL, WE NEED A CONTRACT. AND THIS WAS LIKE SEVEN DAYS. IT WAS LIKE, LOOK, JUST, YOU KNOW, SEND THIS OVER TO BRAD. BRAD WILL PISTOL WHIP SOMETHING AND LET'S PUT IT BEFORE COUNCIL AND LET'S GET THIS THING APPROVED. RIGHT. I WAS SHOCKED TO FIND OUT THAT NOTHING ZERO HAS OCCURRED SINCE THAT, OTHER THAN JUST TALKING ON. 320, MISTER WES SENT OUT AN EMAIL SAYING BEFORE ANY REIMBURSEMENTS CAN BE PROCESSED, THERE MUST BE A FORMAL CONTRACT IN PLACE. I AGREE WITH THAT.

THAT'S FINE. MAYBE, MAYBE WE DO, MAYBE WE DON'T. BUT I AGREE THAT A CONTRACT SHOULD BE IN PLACE ON, FOR ONE, AN EMAIL WENT OUT AT 924 SAYING IF DIRECTED BY CITY COUNCIL AS A WHOLE, STAFF WILL ISSUE A CHECK. HOWEVER, WITHOUT SUPPORTING DOCUMENTATION AND BASED ON THE ADVICE OF OUR ATTORNEY, I WILL NOT DIRECT A CHECK AT THIS TIME. NOW REMEMBER, THAT'S AT 924 ON APRIL 1ST. TEN MINUTES LATER, MR. WES SENT OUT AN EMAIL. STAFF IS CONTINUING TO REVIEW THE MATERIALS TO ENSURE THAT ANY REIMBURSEMENTS PROCESS ALIGN WITH APPLICABLE POLICIES, ELIGIBLE REQUIREMENTS AND PROPER DOCUMENTATION STANDARDS. SIX MINUTES LATER. SO AT 924, I WILL NOT BREAK THE LAW. TEN MINUTES LATER. FOR TODAY'S CHECK RUN, PLEASE PROCESS A $30,000 CHECK. I'M READING THIS GETTING WHIPLASH. I NEED A CONTRACT. I'M NOT GOING TO BREAK THE LAW. I'M REVIEWING YOUR RECEIPTS. ALL RIGHT. COME PICK UP A $30,000 CHECK VERY NEXT DAY. I WILL NOT READ IT BECAUSE I FIND IT TO BE INAPPROPRIATE. BUT I'LL SUMMARIZE IT. BRAD, THE VERY NEXT MORNING SAID THE REIMBURSEMENTS DO NOT ADEQUATELY ARE NOT ADEQUATELY SUPPORTED AND LIKELY NOT COMPLIANT WITH STATE LAW AT AT THE SAME DAY, JUST TWO HOURS LATER, AMANDA RESPONDED SAYING, THIS IS DISHEARTENING. SO THE

[02:30:02]

QUESTION IS WHAT KIND OF RELATIONSHIP IS THE CITY OF LAGO VISTA GOING TO HAVE WITH THE CHAMBER OF COMMERCE? ARE WE A TEAM? ARE WE COLLABORATIVE? DO WE SAY, HEY, YOU KNOW WHAT? YOUR REIMBURSEMENTS AREN'T MEETING THE THRESHOLD. COME IN. LET'S SIT DOWN. LET'S TALK ABOUT IT. LET'S SHOW YOU WHY THEY'RE DEFICIENT. AND LET ME HELP YOU GET A CHECK NEXT THURSDAY. OR ARE WE A CITY THAT SAYS, YOU KNOW WHAT, GUYS? GO FIGURE IT OUT AND TRY AGAIN NEXT WEEK? WELL, FOR SIX MONTHS, THAT'S THE WAY WE'VE TREATED THE CHAMBER. GO FIGURE IT OUT.

YOU GET NOTHING, YOU LOSE. GO HOME. I BELIEVE WHAT MR. WEST SAID TODAY, WHICH IS? HE SAID THAT THEY HAVE BEEN VERY ACTIVELY ENGAGED AND BUSY THIS WEEK. I BELIEVE THAT THERE'S BEEN A TON OF EMAILS THIS WEEK ABOUT THESE HOT FUNDS. BUT MY QUESTION IS, IS WHY HASN'T IT BEEN THAT WAY FOR THE LAST SIX MONTHS? WHAT'S EVEN MORE DISTURBING TO ME IS LEGAL COUNSEL TODAY SAID, HEY, THIS IS AN EASY DOCUMENT. WE CAN COPY AND PASTE THIS. LOCKHART HAS ONE RIGHT HERE. LET'S JUST TAKE THE PDF AND PISTOL, WHIP IT AND PUT YOUR LOGO ON IT. WE COULD HAVE THIS THING SHIP SHAPE AND READY TO GO. WELL, WHY IS IT TAKING SIX MONTHS THEN? SO MY, MY, MY QUESTION TO COUNSEL IS, IS WHAT KIND OF RELATIONSHIP ARE WE GOING TO HAVE WITH THE CHAMBER? ARE WE GOING TO BE A CITY THAT RESPECTS THEM AND HONORS THEM AND TREATS THEM AS AN ASSET THAT THEY ARE, OR ARE THEY ANOTHER ENTITY THAT'S JUST OUT HERE THAT'S JUST BUGGING US? AND RIGHT NOW I FEEL LIKE WE'RE TREATING HIM LIKE THE LATTER, AND I FIND IT TO BE INAPPROPRIATE AND DISRESPECTFUL. OKAY. SO THIS LIES AT THE COUNCIL'S FEET. THIS IS US. I WILL TELL YOU JUST FROM MY OWN LAST OCTOBER, IT WAS AN EYE OPENER. THIS IS SO COMPLEX IN TERMS OF, OKAY, YEAH, THIS IS ELIGIBLE, BUT YOU GOT TO HAVE THIS AND THIS AND THIS TO GO WITH IT. IT WAS AN EYE OPENER. THANK YOU AGAIN, JUSTIN, FOR SENDING WHAT COPPERAS COVE SENDS TO THE CITY. NO LESS THAN 5 OR 6 DOCUMENTS OF WHICH IS VERY COMPLEX AND VERY, VERY DETAILED IN ADDITION, WHICH ALSO INCLUDES RIGHT NOW THEY'VE BEEN GOING FOR A WHILE. SO THEY HAD ALL THAT OTHER DATA, RIGHT, THAT WE WERE TALKING ABOUT. SO I'M GOING TO GIVE A LITTLE BIT OF BACKGROUND, YOU KNOW, YES, ON THE BOARD I PUT A POLICY AND A TWO TRACK APPLICATION IN ORDER TO MOVE THIS FORWARD. AT THAT TIME, I DON'T REMEMBER THE CONVERSATION. I WILL SAY THAT POINT BLANK, BUT OBVIOUSLY WE DIDN'T DO WHAT WE NEEDED TO DO UP HERE TO MOVE THAT FORWARD SHORTLY THEREAFTER. I'LL TELL YOU, I'VE SEEN SEVERAL EMAILS FROM THE MAYOR THAT SAYS, HOW CAN WE GET THIS DONE? WE ALSO HAD THE MEETINGS. I PERSONALLY HAVE DRAFTED SEVERAL ITEMS TRYING TO SEND THEM THROUGH, AND I THINK ALLISON AND JUSTIN, YOU KNOW, FOR HAVING THOSE CONVERSATIONS WITH ME HERE, HERE'S WHAT I'M FINDING. HERE'S WHAT WE CAN DO HERE. WE CAN POINT BLANK PERIOD IN, YOU KNOW, BUT NOW THE ADDITIONAL ENVIRONMENT THAT WE FIND OURSELVES IN IS THAT IF WE DON'T GET OUR AUDIT DONE AND DONE, WHICH WE HAD TO DO A SPECIAL CALL MEETING IN ORDER TO GET IT DONE, THEN THERE ARE IMPLICATIONS IN TERMS OF OUR ABILITY TO RECEIVE OUR OWN TAX MONEY, AND I DON'T REMEMBER EXACTLY HOW THAT WENT. THERE WAS THERE WERE CONSEQUENCES TO THAT. OKAY. LAST I HEARD, AND I DON'T REMEMBER, I COULD BE ATTACHING ONE ITEM TO ANOTHER, BUT WE'RE IN SIMILAR CIRCUMSTANCES IN TERMS OF ANY TRANSFERS THAT WE DO, EVEN AMONGST THE MONEY IN THE CITY, WE ARE NOW HAVE A GLASS. SO I WANT TO CAUTION, THERE'S A LOT OF PEOPLE THAT WANT TO WORK COLLABORATIVELY HERE. WE AND LET ME JUST SAY, I BELIEVE IT'S IMPERATIVE FOR OUR ECONOMIC DEVELOPMENT THAT WE IMPROVE THAT RELATIONSHIP AND HAVE THAT RELATIONSHIP FLOURISH OR THIS TOWN IS IN TROUBLE. THAT IS MY BELIEF. BUT TO SAY THAT WE DON'T CARE, AND I AM SORRY THAT IT CAME ACROSS THAT WAY. YOU KNOW, I, AS A COUNCIL MEMBER WHO HAS A FIDUCIARY DUTY IN ORDER TO MAKE SURE THAT WE TAKE CARE OF THE COMMUNITY, BUT ALSO MAKE SURE THAT I DON'T END UP IN JAIL. WE HEARD ABOUT PEOPLE IN ORANGE SUITS, DIDN'T WE? YES WE DID. SO THE LAST THING THAT HAPPENED YESTERDAY IN TERMS OF WHIPLASH WAS THAT I HAD BEEN DOING A LOT OF RESEARCH.

[02:35:06]

CHARLES WAS ASKING, YOU KNOW, QUESTIONS ABOUT WHAT I WAS FINDING, ETC. I FOUND A PROVISION THAT BASICALLY STATED IF WE GO AHEAD AND FUND, AS WE SUGGESTED TO THE CHAMBER, THEY NEED TO UNDERSTAND THAT IF IT DOESN'T PASS AN AUDIT, WE'VE GOT TO ASK FOR THAT MONEY BACK.

ARE WE ARE HELD ACCOUNTABLE? AND THAT WAS OKAY. BUT THAT WAS THE THE ONE ITEM THAT WAS A WORKAROUND THAT HAPPENED BETWEEN THE TIME THAT CHARLES SAID, I CAN'T DO THAT. AND I WILL TELL YOU, I'M NOT SURE. YOU KNOW, WE MAY HAVE BEEN OUT ON A LIMB ON THIS ONE WITHOUT THAT, BUT I'M HOPING THAT THE PRIOR AGREEMENT, PLUS THAT PROVISION BEING SENT OUT, GIVES US ENOUGH COVER IN ORDER TO NOT GET IN TROUBLE. SO WITH THAT, I'M GOING TO SAY THAT'S WHY AT THAT POINT IN TIME, I THINK THAT THERE WAS A WILLINGNESS TO GO AHEAD AND TAKE A LEAP OF FAITH AND MOVE FORWARD, BECAUSE WE KNEW THE DIRE CIRCUMSTANCES THAT WERE THERE AND KNEW IT HAD BEEN LONG ENOUGH. SO I JUST WANT TO MAKE SURE THAT YOU ALL KNOW WE DO CARE. THERE HAS BEEN A LOT OF CONVERSATION HERE TRYING TO WORK THIS OUT. IT GETS A LITTLE MUCKY OVER HERE BECAUSE OF OUR REGULATIONS AND EVERYTHING ELSE THAT WE HAVE, BUT WE DO CARE. SO THANK YOU FOR ALLOWING ME TO MAKE THAT STATEMENT. YEAH, I THINK THAT I WOULD LIKE TO AND I'LL GO TO MR. BENNEFIELD AFTER THIS. JUST KIND OF AGREE THAT I THINK THAT THE FAULT SHOULD LIE HERE WITH COUNCIL. I THINK THAT I DO REMEMBER THE TIMELINE, SIMILAR TO MR. BENNEFIELD, THAT THAT IS KIND OF HOW THINGS GOT STARTED LAST OCTOBER OR NOVEMBER. AND I CAN SPEAK FOR MYSELF THAT WHEN WE SAID YOU SHOULD BE ELIGIBLE FOR UP TO $100,000 AND FOR $25,000 PAYMENTS, IT WAS MY THINKING THAT Y'ALL WILL MAKE THAT FIRST SUBMISSION, AND THEN WE WOULD ALL SIT THERE AND WORK WITH YOU AND SAY LIKE, I NEED MORE DOCUMENTATION ON THIS, NEED MORE DOCUMENTATION ON THAT.

AND THEN THAT OBVIOUSLY DIDN'T HAPPEN BECAUSE YOU LET US KNOW THAT DIDN'T HAPPEN. I WASN'T AWARE OF IT. LOOKING BACK ON IT, MAYBE WE JUST WEREN'T CLEAR ENOUGH WHEN WE DID THE BUDGETING PROCESS OF, HEY STAFF, THIS IS HOW IT'S GOING TO HAPPEN. GIVE THEM ALL THE GUIDANCE THEY NEED, AND THEN WE SHOULD HAVE BROUGHT IT BACK ON AN AGENDA ITEM AT SOME POINT OF LIKE, HERE'S MORE OF THE FORMAL STRUCTURE. SO I THINK THE APOLOGY SHOULD COME FROM US TO YOU ALL. I HATE THAT IT TOOK AS LONG AS IT DID, BUT I THINK WE'RE HERE. WE'VE DONE THE FINGER POINTING. THAT'S GREAT. I THINK WE KNOW WHERE THE FAULT IS NOW. WE GO FORWARD ON THE SOLUTIONS AND WHAT POLICIES CAN GET US TO WHERE WE NEED TO BE. AND THEN, YOU KNOW, I AGREE WITH WHAT YOU SAID, THAT WE ARE PARTNERS. WE SHOULD BE PARTNERS. EVERYTHING I HEAR FROM THIS COUNCIL IS TO BE PARTNERS. WHAT YOU'RE DOING FOR OUR BUSINESSES IS IS VITAL TO THE FUTURE OF LAGO VISTA. IT'S VITAL TO WHAT MY GOAL ALWAYS IS, IS TO KEEP TAXES WHERE THEY ARE, GO LOWER.

CAN'T DO THAT UNLESS OUR BUSINESSES CONTINUE TO GROW. SO I GUESS IF STAFF OR ANYBODY NEEDING GUIDANCE FROM COUNCIL, I THINK I SEE HEAD NODS. WE ARE PARTNERS, DO EVERYTHING WE CAN TO BE PARTNERS. AND THEN NOW I JUST GET TO THE ONE CAUTIONARY PART OF ALL THIS, AND THAT IS ONE. I JUST WANT IT TO BE UNDERSTOOD THAT I DON'T BELIEVE THAT IT'S THE CITY'S DESIRE TO HOARD THIS MONEY, AND THEY WANT IT TO STAY THERE. I THINK IT'S PURE FEAR. I THINK WHAT REALLY HAPPENED LAST OCTOBER IS WE REALIZED, OH, WAIT, THERE'S ALL THESE REQUIREMENTS THAT COME ALONG WITH HANGING OUT THAT MONEY. OH, OKAY. WHAT IS WHERE IS THE CITY'S DOCUMENTATION OF THAT IN THE PRIOR YEARS? OH, WE DIDN'T HAVE ANY. AND SO WE GOT REAL SCARED REAL FAST BECAUSE IF THE CITY GETS AUDITED TO THE MAYOR PRO TEM POINT, AND WE GET FOUND TO HAVE NOT FOLLOWED ALL THESE GUIDELINES, WE'RE IN SOME DEEP TROUBLE. AND SO THEN I THINK THAT FEAR TURNED INTO NOW WE WERE JUST PARALYZED AT A STANDSTILL. I DON'T THINK ANYBODY WANTS TO HOLD ON TO THOSE FUNDS, BECAUSE WHAT YOU CAN DO WITH THEM WOULD BE GREAT. AND SO WE ASK GOING FORWARD IS JUST THAT WE ALL WORK TOGETHER COLLABORATIVELY ON HOW DO WE MAKE SURE THAT WE MEET THAT TWO PRONG TEST, HOW ARE YOU DOING TOURISM AND OVERNIGHT? AND MAYBE WE HAVE TO CHANGE HOW WE MARKET SOME OF THESE MAJOR EVENTS THAT WE DO. MAYBE. I THINK YOU'VE HAD PEOPLE THAT ARE PART OF THE CHAMBER, HAVE SOME REALLY GOOD IDEAS ABOUT MAYBE Y'ALL AND OTHER PARTNERS WORK TOGETHER TO PUT KIND OF SIDE BY SIDE EVENTS THAT SAY, SOMEBODY CLEARLY WOULD COME HERE ON A FRIDAY AND THEN SATURDAY THEY'RE GOING TO STAY AFTERWARDS AND GO TO THIS EVENT.

LET'S JUST BE CREATIVE WITH THOSE KINDS OF THINGS. AND THEN AS FAR AS HOW THE FUNDS COME OUT TO YOU, I THINK I'VE SEEN HEAD NODS AND HEARD IN YOUR COMMENTS. WE SHOULD TELL Y'ALL WHAT THOSE DOCUMENTS ARE NEEDED TO PROVE IT. AND SO I GUESS THE GUIDANCE OF STAFF IS I WOULD LIKE TO SEE Y'ALL MEET IN THE NEXT WEEK. AND I WOULD ASK IF BRAD AND IS YOUR FIRM THAT CAN BECAUSE ULTIMATELY WE RELY REALLY HEAVILY ON YOUR DECISION. COULD YOU ALL GET TOGETHER, GO THROUGH WHAT WAS JUST SUBMITTED AND THEN TELL THEM, HEY, THIS IS WHAT I WOULD NEED TO MAKE THIS LEGALLY ELIGIBLE FOR THIS FUNDING? IS THAT SOMETHING THAT COUNCIL WOULD LIKE TO SEE HAPPEN? AND IF IT IS, CAN WE ASK BRAD IF HE COULD DO IT? MR. PRINCE? YEAH. I'M SORRY. YOU DID SAY YOU WERE GOING TO GO TO MR. BENNEFIELD BEFORE ME. SO, MR. BENNEFIELD, MINE'S A DETOUR.

[02:40:04]

OKAY, SO LET'S FOLLOW UP ON THAT THEN, IF YOU DON'T MIND. I'M IN. I'M IN FAVOR OF YOUR PROPOSAL, MAYOR. YOU KNOW, I I'VE BEEN THERE IN THE FETCH A ROCK MODE WITH THE CITY WHERE, YOU KNOW, THIS IS NOT THE RIGHT COLOR. WHAT COLOR DO YOU NEED? WELL, YOU KNOW, GO FIGURE IT OUT AND TAKE YOUR BEST GUESS, RIGHT. SO WE DON'T WANT THE CHAMBER TO BE IN A FETCH A ROCK MODE. AND SO TO THE EXTENT THAT CITY STAFF AND CITY ATTORNEY CAN ENGAGE TO HELP GIVE THEM GUIDANCE OF HOW TO GET US WHAT WE NEED, I'M VERY MUCH IN FAVOR OF THAT. MISS SABRINA, ACTUALLY, I JUST WANTED TO COMMENT ON YOUR POINT. THERE IS SIGNIFICANT SCRUTINY NOW ABOUT TAX HOT TAX. AND IT'S NOT JUST NOW, BUT IT'S BECOMING MORE AND MORE APPARENT. BUT IF WE ARE FOUND TO BE DISPENSING IT INAPPROPRIATELY OR THEY CAN ACTUALLY THE STATE CAN ACTUALLY COME BACK AND HOLD HOLD IT FOR UP TO FIVE YEARS AND NOT JUST HOT TAX, THEY CAN ACTUALLY HOLD OUR STATE SALES, OUR SALES TAX FOR ONE YEAR OR UP TO FIVE YEARS. I JUST FOUND THIS OUT AT THE LAST EMAIL CONFERENCE BACK AT THE END OF MARCH. VERY SCARY. THIS ALL PASSED LAST YEAR, SO I'M GLAD THAT WE'RE, YOU KNOW, BEING CAUTIOUS AND CAREFUL. BUT WE ALSO DON'T NEED TO LET FEAR SET IN JUST BECAUSE THERE'S LAWS THERE. THAT JUST MEANS WE NEED TO ABIDE BY THEM, NOT RUN FROM THEM. SO THANK YOU FOR THAT. BEFORE WE GO TO THE DETOUR, AS YOU SAID ALONG THAT LINES, YOUR EMAIL TODAY SPARKED A THOUGHT IN MY OPINION TOO, BECAUSE I WENT DOWN A RABBIT HOLE OF NOT WHERE I WANTED TO GO, BUT I THOUGHT, WHAT IF I WENT DOWN THIS RABBIT HOLE YOU MENTIONED, YOU KNOW, WHY HAVE ALL THESE FUNDS IF WE HAVE THEM AND WE'RE NOT USING THEM? SO THEN I THOUGHT, WELL, THEN WHY DO WE STILL PROVIDE FOR A LOCAL HOTEL OCCUPANCY TAX IF WE'RE NOT USING THEM? SO I WENT DOWN THE RABBIT HOLE OF WHAT WOULD HAPPEN IF THE CITY OF LAGO VISTA DIDN'T GET DIDN'T REQUIRE THAT FROM THE LOCALS. AND EVERYTHING THAT I SAW WAS, WELL, YOU REALLY HANDCUFF YOURSELF GOING FORWARD. BUT WHAT IT DID COME UP WITH WAS A GOOD IDEA THAT MAYBE WHEN WE DO PUT TOGETHER THE CONTRACT OR NO, I THINK IT SHOULD BE IN THE POLICY. WE SHOULD HAVE A TRIGGER THAT ANYTIME THE THE FUND IS OVER HALF $1 MILLION, WE SHOULD HAVE A 2 TO 3 YEAR TOURISM AND MARKETING PLAN IN PLACE THAT'S GOING TO SPELL OUT FUTURE PROJECTS, A LIST OF PROJECTS, A SIP, BASICALLY OF HOT FUNDS OF HOW WE'RE GOING TO USE IT. AND THERE SHOULD BE A TRIGGER THAT IF YOU'RE OVER HALF $1 MILLION, THE CITY HAS 90 DAYS TO MAKE SURE THAT THERE'S A PLAN IN PLACE. AND WHEN YOU TALK ABOUT THE PARTNERSHIP, THAT'S SOMETHING THAT I THINK THAT THE CITY STAFF AND THE CHAMBER SHOULD BE ABLE TO WORK TOGETHER, AND WE SHOULD PUT TOGETHER BASICALLY A 3 TO 5 YEAR CIP OF HOW WE'RE GOING TO USE HOT FUNDS AND HOW WE'RE GOING TO INCREASE TOURISM AND OVERNIGHT STAYS. SO THANK YOU, SHANE. I JUST WANT TO SAY THAT I WENT DOWN THE SAME RABBIT HOLE AS YOU, BECAUSE I KNOW THAT THERE'S SEVERAL CITIES THAT HAVE MILLIONS AND MILLIONS OF DOLLARS IN THESE THINGS BECAUSE THEY ARE SCARED TO DEATH ON HOW TO SPEND THEM, AND THEY ARE ACTUALLY COMING UP WITH THESE SAME IDEAS. AND I'VE TALKED TO A COUPLE OF PEOPLE AT THE CONFERENCE ABOUT ABOUT HOW THEY'RE GOING ABOUT IT. AND I REALLY LIKE THAT PATH BECAUSE WE DO NEED TO HAVE A, YOU KNOW, WE CAN'T JUST BE SITTING ON THAT AND MAKING OUR A CREDIT RATING BECAUSE IT'S A FALSE INFLATION, IN MY OPINION. AND IF WE'RE NOT REINVESTING IN THE COMMUNITY, WHAT ARE WE DOING? YOU KNOW, EVEN ACCEPTING IT NOW, I EVEN WAS TRYING TO FIGURE OUT HOW WE COULD AVOID JUST, YOU KNOW, ACCEPTING THESE HOT, HOT FUNDS BECAUSE I WAS LIKE, MAN, THIS IS A BIG PROBLEM. WHAT IF WE JUST ELIMINATE IT COMPLETELY AND THE STATE WON'T LET YOU DO THAT? YOU HAVE TO. SO WE'RE STUCK WITH THE PROBLEM. IT'S A BLESSING AND A CURSE. BUT I REALLY LIKE THAT IDEA ABOUT A FUTURE PLAN WHEN IT EXCEEDS A CERTAIN THRESHOLD. MAYOR PRO TEM AND THEN. MR. DO YOU MIND IF I JUST GO AHEAD AND FINISH THIS UP, ADAM. OKAY, OKAY. THANK YOU. I DID WANT TO SAY I'M GOING TO GO BACK TO THE TIME WHEN COUNCILMAN ROBERTS ACTUALLY SAID, HEY, LET'S GO INTO THE PLAN. LET'S SPEND A LITTLE MONEY SIMILARLY TO ANOTHER CITY TO GO AHEAD AND OUTLINE SOME PLANS GOING FORWARD. RIGHT? SO I COULD SEE A JOINT PLAN EVEN FACILITATED.

RIGHT. WE'VE GOT SOME FUNDS THERE TO USE. WE MIGHT AS WELL GO AHEAD AND USE SOMETHING LIKE THAT. AND GOSH DARN IT, THERE WAS ONE OTHER THING THAT I WAS GOING TO SAY, BUT IT IS NOW LOST MY MIND. BUT I DID WANT TO DEFINITELY GET THAT OUT THERE. THANK YOU, MR. HALL. I JUST WANT TO SAY THAT, YOU KNOW, THANKS TO SEVERAL PEOPLE THAT HAVE POSTED A SAMPLE DOCUMENTS AND COUNCILOR OWEN HAS EVEN PRESENTED THE ORDINANCE AND THEN THE PROCESS DOWN THROUGH THERE, INCLUDING FORMS TO BE FILLED OUT AND SUBMITTED FOR REIMBURSEMENT. SO I THINK THAT LEVEL IS HELPFUL AND WILL WILL HELP GUIDE YOU, GUIDE THE CHAMBER SO THAT THEY KNOW EXACTLY WHAT THEY NEED TO SUBMIT AND, AND ARE NOT LEFT GUESSING AT THAT. SO I THINK

[02:45:02]

THOSE DOCUMENTS ARE ALL THERE. AND ALL I, I WANT TO JUST EMPHASIZE AGAIN IS THAT WE'VE GOT GOOD SAMPLE DOCUMENTS AND THE CITY STAFF SHOULD BE ABLE TO MOVE FORWARD RATHER QUICKLY WITH GIVING US FEEDBACK AND WITH US FINALIZING THOSE. AND I, I JUST WOULD LOVE TO SEE THAT HAPPEN. IT SEEMS LIKE THERE'S CONSENSUS ON THAT, RIGHT? THE DRAFT POLICY WE'VE GOT IS VERY CLOSE GUIDANCE TO STAFF IS TO GO FORWARD WITH THAT AND APPLICATION AS WELL. WAS THAT OKAY. SO YOU'VE GOT THAT. AND THEN WHAT ABOUT AND THEN THE DRAFT CONTRACTS. WE'VE SEEN CLOSE ENOUGH TO ASK THE STAFF TO GO FORWARD WITH GIVING US SOMETHING BACK. SO APRIL 16TH, WE COME BACK WITH ALL THOSE. OKAY. YES. BUT IF I COULD ADD, IF WE WANT SOME CHAMBER INPUT ON THE ACTUAL AGREEMENT WITH THE CHAMBER, WHICH MAYBE IS A SPECIALIZED AGREEMENT SEPARATE FROM MORE OF A BOILERPLATE THAT WE'D HAVE FOR OTHER ENTITIES, BUT GET THEM INVOLVED ASAP. AND THAT. YEAH, AND I WOULD LIKE MAYBE THAT COULD BE PART OF THAT IN A WEEK OR SO, IF YOU ALL ARE ABLE TO GET TOGETHER TO KIND OF GO OVER WHAT THE COMPLIANCE REQUIREMENTS WERE, IF YOU COULD HAVE THAT DISCUSSION ON THE AGREEMENT, IF THAT'S ACCEPTABLE. HEAD NODS.

OKAY. MAYOR PRO TEM AND THEN MR. BENEFIELD, I'M JUST GOING TO SAY I REMEMBERED WHAT I WAS GOING TO SAY. I JUST WANTED TO SAY TO CHARLES, AS I RECALL, T M L DOES HAVE A, I BELIEVE, AN ATTORNEY ON STAFF THAT MAKES THEMSELVES AVAILABLE TO US FOR THIS VERY THING. I'M GOING.

BRAD, IF YOU'RE NOT AVAILABLE. LOVE YOU. BUT IF WE CAN GET T M L AND THE HOTEL LOBBY DURING THAT TIME TO MAKE IT, THEY WILL PROVIDE YOU SPECIFY SPECIFIC LEGAL GUIDANCE THAT. THEY'LL ANSWER GENERAL LEGAL QUESTIONS. THEY WILL NOT REVIEW A CONTRACT FOR YOU BECAUSE THAT CREATES AN ATTORNEY CLIENT RELATIONSHIP. SO THEY CAN'T DO THAT. SO I MEAN, JUST FYI, SO WE STILL YOU'RE STUCK WITH ME OR SOMEONE, YOU KNOW. SO ON GENERAL QUESTIONS, I WAS JUST GOING TO SAY WE CAN MOVE THAT FORWARD POTENTIALLY BEFORE IT GETS TO BRAD. YEAH. MR. BENFIELD. YEAH.

[02:50:05]

BETTER AND MAKE SURE WE'RE COMPLIANT, LEGALLY DO THINGS THE RIGHT WAY. BUT I THINK THAT I THINK TO ME, IT'S LIKE A GOOD FAITH AND POSITIVE DEPOSIT INDICATING THAT WE DO WANT TO WORK TOGETHER BETTER AND BE MORE EFFICIENT IN HOW WE PROCESS THESE THINGS. SO. WOULD IT BE HELPFUL IF WE WROTE YOU ANOTHER CHECK FOR $100,000? YEP. I MEAN, THAT'S A LITTLE A LITTLE FAR. ALL RIGHT. I THINK THAT WE HAVE PRODUCTIVELY GOTTEN TO A PLACE, AND I JUST WANT TO MAKE SURE THAT STAFF FEELS LIKE YOU'VE BEEN GIVEN SOME DECENT DIRECTION HERE TO GET US READY FOR THE 16TH. YES. STAFF WILL HAVE SOMETHING READY FOR THE 16TH. OKAY. IS THAT SUFFICIENT TO MOVE ON TO ANOTHER ITEM FOR COUNCIL? THAT'S AN ACTUAL MODEL, A MOTION AND A SECOND. OKAY. SO IS THAT AN ACTION? JUST A CLARIFICATION FROM THE CITY ATTORNEY. DO WE HAVE TO TAKE DO A MOTION ON AN ACTION ITEM? YOU DON'T HAVE TO. OKAY. YEAH. NO, I THINK WE'VE WE'VE GIVEN DIRECTION THAT THIS WILL HAVE TO BE FINISHED AT A FURTHER DATE. SO NO ACTION, NO ACTION TONIGHT. ALL RIGHT. I WILL MOVE ON TO NINE THREE. CONSIDERATION

[IX.3. Consideration and possible action awarding Aqua Flow Irrigation proposal for RFP 26-03 Cedar Breaks Irrigation Repair and authorizing City Manager to Execute Agreement.]

OF POSSIBLE ACTION AWARDING AQUAFLOW IRRIGATION PROPOSAL FOR RFP. 2603 CEDAR BREAKS IRRIGATION REPAIR AND AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT. AND I'LL SEND THAT TO ERNESTOL. GOOD EVENING. COUNCIL. THIS WAS A AN RFP THAT WE PUT OUT ON FEBRUARY 12TH WITH THE CLOSING DATE OF MARCH 12TH, 2026. THERE WAS A TOTAL OF THREE PROPOSALS. AQUA FLOW IRRIGATION WAS THE LOWEST QUALITY BID. AND THIS IS COMING TO YOU FOR APPROVAL. IF YOU HAVE ANY QUESTIONS ABOUT THE CEDAR BREAKS PROJECT. THIS WAS A THE ONE THAT WE HAD AN AMENDMENT TO FOR 500 K TO FIX ALL THE ISSUES OUT THERE ON CEDAR BREAKS TO COME INTO COMPLIANCE WITH THE T-C-E-Q MAYOR PRO TEM JUST JUST A WORDING THING, NOT THE LOWEST QUALITY BID, BUT THE LOWEST QUALIFIED BID. I JUST WANT TO CLARIFY. YEAH. OKAY. THANK YOU.

I'M I HAD SOME SUDAFED EARLIER. YEAH. THANK YOU. GOOD. GOOD AFTERNOON, COUNCIL MAYOR SNYDER.

CHARLES, BEFORE WE START WITH THE QUESTIONS, I'D LIKE TO GO TO A LITTLE UPDATE ON WHAT HAS BEEN DONE AT CEDAR BREAKS. SO AS OF RIGHT NOW, WE ARE CONTRACTOR HAS DONE CHIPPING ALL THE 14 PILES THAT WERE DONE BY PUBLIC WORKS, AND THEY CLEARED OUT TWO TRAILS AND TWO ZONES. AS A CONTRACTOR OR A DIFFERENT CONTRACTOR, IT'S AN UPDATE. YEAH. THEN I'LL GET TO THE THE REQUEST. I WANT. I DO WANT TO GIVE A SHOUT OUT TO PUBLIC WORKS SPECIFICALLY TO PLAN OPERATIONS AND UTILITIES, BECAUSE BEFORE THE CONTRACTORS WENT IN, THEIR STAFF WAS THE ONE THAT DID THE, THE TRIMMING OF THE TREES, THE CUTTING OF THE TRAILS AND ALL THAT. SO ALL THOSE 14 PILES WERE DONE BY STAFF SAVING THE THE CITY A LOT OF MONEY BY DOING THAT AND CLEAR SOME, CLEAR SOME TRAILS. SO I WANT TO GIVE THEM A SHOUT OUT FOR THAT. AND I'M GOING TO GIVE YOU A LITTLE BEFORE AND AFTER. IS THERE NOT COLOR ON THOSE PICTURES? COLOR BEHIND.

OH GREAT. OKAY. YEAH. OKAY, SO THAT'S CEDAR BREAKS NEXT ONE. SO THAT'S JUST A FEW PICTURES.

THAT'S ONE OF THE PILES. THE PICTURE DOESN'T DO JUSTICE. IT'S 12FT TALL BY 30FT LONG. SO THAT'S HOW WHAT STAFF COLLECTED AND STAFF WAS GOING TO GO BACK AND CHIP IN THEMSELVES. BUT WE WERE GRANTED THIS MONEY TO DO THIS WORK BY CONTRACTOR. NEXT ONE. SO THAT'S THE WAY IT LOOKS NOW. CLEAR. AND THOSE AREAS ARE CLEARED BY TREES. IS THAT THE TREES THAT WERE DEAD BY OVER IRRIGATING VARIOUS THINGS. NEXT ONE, NEXT PICTURE. SO THAT'S ANOTHER PILE. NEXT ONE. THAT'S HOW IT LOOKS NOW. SO THE INTENT IS TO GO BACK AND PLANT TREES BECAUSE WE NEED TO HAVE CERTAIN CROPS TO BE TO BE WITHIN COMPLIANCE. NEXT ONE, ANOTHER ONE THE WAY IT LOOKS. NEXT ONE.

SO NOW WE GO INTO THAT'S HOW THE TRAILS LOOK NOW. SO BEFORE YOU CAN EVEN GO INTO THE TRAIL TO MAKE ANY TYPE OF REPAIRS, ANY TYPE OF MAINTENANCE OR ANY OF THOSE ITEMS. SO THAT'S HOW IT LOOKS RIGHT NOW. AND JUST TO BE CLEAR, WE'RE NOT COMPLETELY DONE. IF YOU ALL RECALL DURING THE LAST MEETING, I SAID THIS MONEY IS GOING TO HELP US MOVE THE PROCESS, THE TIMELINE, YOU KNOW, SPEED UP THE TIMELINE, BUT IT'S NOT COMPLETE. WE'RE GOING TO FACE IT OUT. AND I LOOK IN, REQUEST MORE MONEY FOR NEXT ONE OR TRY TO DO IT IN-HOUSE. BUT WE'RE VERY HOPEFUL THAT MAYBE THIS MONEY THAT WE HAVE AT THE END OF IT, WE'LL HAVE SOME LEFTOVER SO WE CAN DO MORE AND NOT HAVE TO COME BACK AND REQUEST MORE FUNDS. NEXT ONE. AND THAT'S HOW

[02:55:04]

THOSE TRAILS HAVE TO LOOK. SO WE CAN GO THROUGH THERE AND DO MAINTENANCE AND DO WHAT NEEDS TO BE REQUIRED TO, TO KEEP THE EFFLUENT. YES. TO OPERATIONAL ERNESTOL AM I CORRECT? ON TOP OF THAT UTILITY POLE IS ONE OF THE WATER CANNONS. CORRECT. AND THAT'S MY NEXT ONE. SO WHAT IS REQUESTED RIGHT NOW IS TO REPAIR THIS COMPONENT. SO THESE COMPONENTS. SO THE POLE HOLDS THE IRRIGATION HEAD AT THE TOP AND THE POLES 24FT TALL. AND THE THE IMAGE ON THE RIGHT IS THE VOWS. WHAT IS THE CONTRACT IS GOING TO BE HARD TO DO. HE'S GOING TO INSPECT ALL THE VALVES, 120 VALVES, REPLACE WHAT'S BROKEN, INSTALL THE DECODERS, RUN THE CABLE THROUGH THE WHOLE PROPERTY SO THAT EVERYTHING BECOMES AUTOMATED. AND THAT'S THE CONDITION OF THE BOXES RIGHT NOW. NEXT ONE. CHARLES. OH, THAT WAS IT. GO BACK TO THE THIRD ONE. ONE BEFORE THAT ONE.

SO THAT'S THE WAY THE THE REGULATORY ASSEMBLY IS. SO YOU HAVE A POLE AND YOU HAVE A BOX NEXT TO IT. SO YOU HAVE 120 120 POLES WITH 120 PLUS BOXES WITH IRRIGATION HEADS. SOME OF THOSE BOXES ARE ALSO JUNCTION BOXES, BUT THEY DON'T HAVE ANY IRRIGATION HEAD AND IRRIGATION CONTROL VALVE IN IT. THE BOXES ARE 14 BY 20 BY 12IN, AND THE IRRIGATION VALVES ARE TWO INCHES. SO THAT'S HOW IT'S SET UP AT THE CEDAR BREAKS. THIS IS ONE OF THE AREAS THAT WAS CLEAR, BUT THERE IS MORE. THERE ARE NOT AS CLEAR AND ACCESSIBLE. BUT AGAIN, STAFF HAS MADE A PATH TO WHERE THEY CAN GO IN THERE AND DO THE REPAIRS OR MAINTENANCE THAT WE NEED TO DO.

THAT'S KIND OF A LITTLE UPDATE ON WHAT WE HAVE. CEDAR BREAKS THE PUMP HAS BEEN ORDERED.

INITIALLY, THE CONTRACTOR HAS SAID A DIFFERENT CONTRACTOR HAS SAID 40 WEEKS, BUT WE'RE MOVING.

WE'RE LOOKING AT 14 WEEKS NOW, SO WE'RE MAKING GREAT WAY ON THAT. AND HOPEFULLY WHENEVER THAT'S. APPROVED, WE CAN GET IT INSTALLED AND NOT APPROVED, BUT DELIVER, WE CAN GET IT ALL INSTALLED AND ALL AUTOMATED. GOING BACK TO THE REQUEST TONIGHT HERE, THE CONTRACTOR IS GOING TO BE INSTALLING, INSPECTING, INSPECTING AND REPAIRING THE COMPONENTS INSIDE THOSE BOXES AND MAKING SURE EVERYTHING IS AUTOMATED. BECAUSE RIGHT NOW STAFF GOES, AS MENTIONED BEFORE, STAFF GOES ONSITE AND OPERATES THOSE VALVES MANUALLY, CREATING A LOT OF OVERTIME, A LOT OF STRESS, AND IT'S GETTING DONE, BUT IT DOESN'T GET IRRIGATED AS IT SHOULD BE. BUT THIS THIS WAS GOING TO HELP US TREMENDOUSLY. SO I HOPE I DIDN'T GO THROUGH THAT TOO FAST. IF THERE ARE ANY QUESTIONS, I'M OPEN QUESTIONS. MAYOR. MISTER PRINCE IS. SO THERE WILL BE A CENTRAL CONTROL UNIT. WHERE WILL THE CONTROL ACTUALLY OCCUR? ERNESTO? INSIDE THE PUMP HOUSE. OKAY, SO THERE'LL BE A CENTRAL CONTROL AND THEN IT WILL BE WIRED FROM THERE TO EACH OF THESE. YES. AND SO THE CONTRACT THAT WE'RE LOOKING AT TONIGHT IS TO COVER THE COST OF GETTING THAT CENTRAL CONTROL IN THE PUMP HOUSE SET UP AND THE WIRING TO GET OUT TO THE CORRECT AND INSPECT THESE VALVES AND WHATEVER IS BROKEN, REPLACING THEM. THERE IS A COST BY VALVE IF THEY'RE BROKEN, BUT THEY ARE GOING TO BE HIRED TO INSPECT EVERY SINGLE ONE OF THEM. AND THEY HAVE TO DO A REQUEST OF CHANGE ORDER IF THEY'RE BROKEN AND THEY'RE NOT FUNCTIONAL. IF IF IT GETS TOO SIGNIFICANT, WE CAN DO SOME IN-HOUSE. BUT BUT JUST TO CLARIFY. SO INSPECT, REPAIR THE ONES THAT ARE BROKEN AND ALSO PUT THE WIRING IN PLACE, WHICH IS NOT THERE RIGHT NOW. TO HAVE A CENTRALIZED CONTROL UNIT, IT IS IN PLACE BUT IS NOT FUNCTIONAL. OKAY. YEAH. YEAH. CAN YOU TELL ME? OH, HE WANTED ME TO LET YOU KNOW THAT THE WIRING IS A TWO WIRE CONTROLLING AND IT IS THERE, BUT IS DECAYED, IS IN BAD SHAPE.

SO THEY'LL BE INSTALLING NEW MILES OF WIRE CONNECTING EACH VALVE AND EACH COMPONENT, TAKING IT BACK TO THE PUMP HOUSE. THANK YOU. ERIC. SO THAT, THAT, THAT WAS KIND OF WHERE I WAS GOING. SO WE'RE NOT GOING TO, YOU'RE NOT GOING TO NEED TO COME BACK IN ANOTHER TWO WEEKS OR TWO MONTHS AND SAY, OOPS, WE FOUND OUT THE WIRING IS BUSTED. AND SO WE NEED AN EXTRA 50,000 OR WHATEVER. YEAH. OKAY. I HAVE A RANDOM, THIS IS AN OFF SHOOT QUESTION BECAUSE OF THE PICTURE YOU'RE SHOWING RIGHT THERE. BUT I'VE NOTICED THAT AT SUNSET PARK AS WELL. WE USE THE PURPLE COVERS ON IRRIGATION. THAT'S NOT PURPLE PIPED. AND I WAS WONDERING WHY WE STILL HAVE THAT. THAT IS IN PREPARATION FOR TYPE ONE EFFLUENT WATER. WHENEVER THAT COMES, THE INFRASTRUCTURE IS ALREADY THERE. WE JUST NEED TO RUN IT FROM THE THE POND ALL THE WAY TO THE PARK. OKAY. JUST JUST COULD BE CONFUSING TO PEOPLE THAT IT ISN'T ACTUALLY PURPLE PIPED

[03:00:04]

RIGHT NOW. AND THAT'S WHAT IT LOOKS LIKE WHEN IT'S COVERED. BUT YEAH, JUST REMEMBER IF IT'S PURPLE, DON'T DRINK IT. MR. HALL, I JUST WANTED TO EXPRESS MY APPRECIATION TO THE STAFF FOR MOVING FORWARD AND GETTING THIS DONE. OBVIOUSLY NOT IT NOT HAVING BEEN DONE FOR SEVERAL YEARS RESULTED IN ALL THE ALL THE ISSUES WE'VE HAD WITH THE CEDAR BREAKS, WITH THE DEAD TREES THAT HAVE TO BE REPLANTED. AND AND SO THAT'S PAST HISTORY NOW. AND, AND GLAD TO SEE US MOVING FORWARD. I ALSO THINK THAT THAT, YOU KNOW, THE ISSUES THERE IN THE CEDAR BREAKS HAS BEEN PART OF WHAT'S CONTRIBUTED TO QUESTIONS FROM RESIDENTS AS THEY'VE GONE THROUGH THE TRAILS, AS THEY OBSERVED THE IRRIGATION SYSTEM RUNNING AND AND FOR ALL THAT TO BE DONE MANUALLY, THERE'S JUST, YOU KNOW, I CAN SEE THERE'S NO WAY OF GETTING THAT DONE APPROPRIATELY, PARTICULARLY WITH SO MANY SPRINKLER HEADS JUST NOT BEING FUNCTIONAL. SO VERY, VERY EXCITED TO SEE THIS PROJECT MOVING FORWARD AND APPRECIATE THE, THE STAFF ATTENTION AND DETAIL TO MAKE SURE WE'VE GOT A GOOD PLAN TO, TO FIX IT. THANK YOU. MISS ARIA. I JUST WANTED TO THANK YOU FOR THE BEFORE AND AFTER PICTURES, ESPECIALLY OF THE TREE CLEARING. I THINK SOME WE COULD DEFINITELY USE YOU GUYS AS AN EXAMPLE AS WHAT CAN BE DONE WHEN DONE OR WHEN YOU HAVE THE MOTIVATION TO DO IT. THERE'S PLENTY OF CHIP PILES OUT INTO SARA THAT HAVE BEEN OUT THERE FOR 2 OR 3 YEARS THAT ARE JUST FIRE HAZARD, AND Y'ALL WERE ABLE TO GET THIS DONE IN A MATTER OF WEEKS. IT'S AMAZING WHAT YOU ALL ARE ABLE TO DO WITH JUST AS FEW PEOPLE AS WE HAVE. SO I WAS JUST REALLY APPRECIATE IT. I KNOW, BUT Y'ALL, I KNOW, BUT Y'ALL, Y'ALL SPEARHEADED IT. AND, AND IT REALLY, IT REALLY MAKES A DIFFERENCE. I'VE BEEN OUT THERE WALKING IT AND IT'S AMAZING THE CHANGE JUST WITHIN THE LAST LIKE 8 TO 12 WEEKS IS AMAZING.

I JUST WANTED TO SAY THANK YOU AGAIN AND THANK YOU FOR THE BEFORE AND AFTER PICTURES. I THINK IT'S IMPORTANT THAT THE CITY, I MEAN THE RESIDENTS CAN CAN ACTUALLY SEE THIS BECAUSE NOT EVERYBODY GOES OUT THERE WALKING IT ALL THE TIME. AND SO HAVING THAT TO SHOW AND I MEAN, I KNOW YOU'RE GOING TO BE DOING SOME RESEEDING OUT THERE AND IT'S GOING TO BE, IT'S GOING TO BE VERY NECESSARY. SO HOPEFULLY THAT'LL HELP PEOPLE IN THEIR MINDSET WHEN THEY KNOW THAT THERE'S ACTUALLY TREES GOING TO BE REPLANTED OUT THERE TOO. YEAH, I'LL BE HAPPY TO TAKE ANYBODY OUT THERE TOO. MR. PRINCE, ON THE AND THANK YOU, MR. HALL, FOR RAISING THIS AS WELL. YOU MENTIONED, ERNESTO, THE REPLANTING OF TREES. I DON'T REMEMBER US EVER SEEING THAT IN THE. IS THAT SOMETHING YOU'VE GOT IN YOUR BUDGET OR YOU. THAT WILL NEED TO BE IN THIS COMING NEXT YEAR'S BUDGET FOR THAT? BOTH. THERE ARE SOME SMALL TREES THAT ARE ALREADY IN CEDAR BREAKS. SO WE'RE GOING TO REPLANT THAT. WE'RE GOING TO TAKE THAT APPROACH AND DO WHAT WE CAN. AND IF NOT, THEN POTENTIALLY SOME MORE FUNDS. BUT I THINK WE HAVE ENOUGH SMALL TREES AROUND THE AREA THAT WE CAN RECOUP THE CROP, REUSING THOSE TREES. OKAY. YEAH, THAT WOULD BE GOOD. I'LL JUST REMIND COUNCIL THAT CEDAR TREE MITIGATION FUND, THAT'S REALLY WHAT IT WAS FOR ORIGINALLY. AND WE'VE HAD APPETITE FOR SPENDING IT ON PARKS. BUT THIS IS KIND OF THE, IN MY MIND, TOP OF THE LIST FOR USE OF THOSE FUNDS. MISS MENDES, YOU MAY HAVE COVERED THIS WHEN I WAS OUT, BUT WHAT'S THE ESTIMATED TIMELINE TO COMPLETE THE PROJECT, THE WHOLE PROJECT OR THIS PROJECT? THIS ONE, 8 TO 10 WEEKS. HANDS SHOT UP. MISS MACHARIA, I'M SORRY, YOU WANTED TO CLARIFY. ORIGINALLY WE HAD TALKED ON THE ON THE PROJECT AS A WHOLE. YOU SAID 40 WEEKS, BUT NOW WE'RE DOWN TO A 14 WEEK TIMELINE. IS THAT CORRECT OR DID I HEAR. I MUST HAVE MISHEARD. I THINK THERE'S MULTIPLE TIMELINES. SO THE TIMELINE FOR THE PUMP HOUSE COMPONENTS INSIDE THE LARGE THAT WAS RUSTED, THAT WAS INITIALLY 40 WEEKS. SO LAST UPDATE I GOT RECEIVED WAS 14 WEEKS NOW. SO THIS PROJECT, IT'S FOR THIS IRRIGATION, THIS REPAIRS RIGHT HERE. WE'RE LOOKING AT 8 TO 10 WEEKS FOR COMPLETION FOR THE WHOLE CEDAR BREAKS, ABOUT ANOTHER 8 TO 10 MONTHS I THINK. THANK YOU THAT THAT 40 WEEK TIMELINE BEING BROUGHT DOWN TO HALF IS IS VERY EXCITING TO ME. THANK YOU. YES.

FOR US FOR STAFF IT IS AS WELL. MAYOR PRO TEM WELL ARE WE TO UNDER-PROMISE AND OVERDELIVER? KUDOS. SO I REALLY JUST KIND OF WANTED TO KNOW, HAVE WE HAD ANY PRIOR EXPERIENCE WITH THIS VENDOR? I NOTICED WE HAVE OH, THIS IS CUTE. QUALITY WAS ONE OF THE PEOPLE. AND SO I'M WONDERING IF THAT WAS THAT, YOU KNOW, YOU WERE THINKING ABOUT THAT, BUT HAVE WE DEALT OR HAD ANY DEALINGS WITH AQUAPHOR? NO, WE HAVE NOT. DURING THIS RFQ, I MET I MET WITH SIX CONTRACTORS ON SITE. WE WALKED IN, WE ASKED QUESTIONS. ONLY THREE SUBMITTED. THE SECOND ONE PAUL'S LAWN CARE.

[03:05:05]

HE DID PREVIOUS WORK FOR THE CITY HERE AND THERE, BUT THIS PARTICULAR HAS NOT. SO. AND THEN JUST MY LAST QUESTION. NOT THAT YOU HAVE, YOU KNOW, MORE HOURS IN A DAY OR SO, BUT IS THERE ANY FOLLOW UP REVIEW THAT WE'VE TALKED ABOUT? AND MAYBE THIS IS WITH CHARLES IN TERMS OF HOW DO Y'ALL DO WE HAVE ANY WAY TO REVIEW AND, AND, YOU KNOW, KEEP UP WITH, HEY, GREAT, GREAT CONTRACTOR OR SOMETHING LIKE THAT. DO THAT MYSELF. YOU DO. THANK YOU. I AM ON THIS PROJECT. I TAKE LEAD ON IT, TAKE POINT. AND I GO OUT THERE WITH THEM AND I INSPECT THE JOBS ALL THE WAY FROM START TO BEGINNING. MR. WEST. SO, ERNEST, THIS IS NOT ONE OF THE CONTRACTORS. WE'VE HAD WORK FOR US IN THE PAST. NO, SIR. OKAY. I GUESS I MISUNDERSTOOD YOU. I THOUGHT THEY WERE ONE THAT HAD DONE SOME WORK IN PREVIOUSLY OUT THERE. I MEAN, HOPEFULLY IF YOU DID A GOOD JOB, WE'LL MAKE SURE THEY DO A GOOD JOB AND USE THEM AGAIN. ALL RIGHT. THANK YOU. ERNESTO, ARE THERE ANY CITIZENS WHO WOULD LIKE TO SPEAK ON THIS ITEM? HEARING NONE, I BRING IT BACK TO COUNCIL FOR DISCUSSION OR A MOTION. MR. MINNIFIELD. YEAH, I'VE GOT MAYBE 20 CONCERNS. I WON'T GO THROUGH THEM ALL. JUST LOOKING AT TCS'S WEBSITE. LOOKS LIKE THIS PARTICULAR CONTRACT'S ONLY BEEN LICENSED FOR ABOUT ONE AND A HALF YEARS. LOOKS LIKE IT'S A BRAND NEW STARTUP BUSINESS. IT'S A BIG CONTRACT TO GIVE TO A BRAND NEW COMPANY, ESPECIALLY A COMPANY THAT WE'VE NEVER USED, ESPECIALLY WHEN YOU'RE DEALING WITH TWO INCH.

VALVES. NON-POTABLE WATER. IT'S JUST I'M NOT SAYING THEY'RE NOT THEY'RE NOT AN EXPERT. IT JUST THEY DON'T HAVE THE EXPERIENCE THAT YOU WOULD TYPICALLY SEE WORKING ON A PROJECT LIKE THIS.

SO IT'S NOT A DISQUALIFIER. IT'S JUST I'M JUST THROWING IT OUT THERE AS A CONCERN. YES, SIR. THE OTHER THING I NOTICED IMMEDIATELY IS THAT THEY'RE OUT OF NEW BRAUNFELS. YOU KNOW, I KNOW IT'S ALWAYS A PREFERENCE TO HIRE LAGO VISTA FIRST, BUT I WOULD ARGUE THAT I'D LIKE TO HIRE JONESTOWN SECOND OR LEANDER THIRD AND CEDAR PARK FOURTH. AND THERE'S JUST A LOT OF CITIES IN BETWEEN HERE IN NEW BRAUNFELS. AND SO THAT WAS, AGAIN, NOT A DISQUALIFIER, JUST SOMETHING THAT, YOU KNOW, STRUCK IT TO ME. IN THEIR QUOTE, IT SAYS DIAGNOSE THE IRRIGATION CONTROLLER. BUT IN THE RFP, IT SPECIFICALLY SAYS THAT THE CITY IS GOING TO BE INSTALLING A NEW ONE. SO THEIR QUOTES SEEM TO BE DEFICIENT THAT THEY UNDERSTOOD OR EVEN ACKNOWLEDGED THAT A NEW CONTROLLER WAS ACTUALLY BEING INSTALLED. THEY JUST SIMPLY SAID, DIAGNOSE THE IRRIGATION CONTROLLER. I WANTED COUNCIL TO UNDERSTAND THAT THEIR QUOTE FOR VALVES ARE $475. SO THERE'S A LIKELIHOOD THAT IF THE REPLACING THE INTERNAL COMPONENTS DON'T WORK, WHICH IS BASICALLY A RUBBER LITTLE RUBBER DIAPHRAGM AND A SPRING. IF THAT DOESN'T WORK, WE'RE LOOKING AT $475 TIMES 120 POTENTIALLY, AND THAT'S 57. THAT'S A $57,000 POTENTIAL MARKUP. THAT'S IN THE THAT'S IN THE CONTRACT. IT'S NOT A DISQUALIFIER. I WOULDN'T EXPECT ALL OF THEM TO NEED TO BE REPLACED. BUT ONE THING I DO KNOW AS A LICENSED IRRIGATOR IS THAT THE NUMBER ONE THING THAT WILL RUIN AN IRRIGATION SYSTEM IS LIGHTNING DAMAGE. AND WHAT HAPPENS IS, IS WHEN YOU HAVE THESE WIRES, THE ELECTRICITY HITS THE GROUND AND IT SPIDER WEBS TO ALL THESE CONTROLLERS AND TO ALL OF THESE VALVES, RIGHT? AND EVERYTHING BLOWS ON THAT ENTIRE CIRCUIT. IT'S THE DOWNSIDE OF A TWO WIRE SYSTEM IS THEY'RE ALL INTERCONNECTED, RIGHT? SO WHAT YOU'RE GOING TO FIND IS IF YOU NEED ONE REPLACED, THE LIKELIHOOD IS YOU'RE GOING TO NEED A LOT REPLACED. SO I JUST WANT THERE TO BE AN EXPECTATION WITH COUNCIL THAT THIS APPROVAL GOES BEYOND JUST THIS $130,000. THERE'S A STRONG LIKELIHOOD THAT WE'RE GOING TO GET A $57,000 PRICE TAG BECAUSE JUST SIMPLY REPLACING THESE INTERNAL COMPONENTS ARE NOT USUALLY SUFFICIENT WITH WHEN IT COMES TO LIGHTNING DAMAGE, DEPENDING ON HOW CLOSE THEY STRIKE. NUMBER TWO, THE THE NEXT ONE IS TYPICALLY WITH ANY KIND OF TWO WIRE DECODER SYSTEM, YOU HAVE TO HAVE SURGE PROTECTION, YOU HAVE TO HAVE A SURGE PROTECTION AT THE CONTROLLER, AND YOU HAVE TO HAVE SURGE PROTECTION EVERY 500 TO 800FT. SEE ANYTHING IN THERE? QUOTE, ABOUT ANY KIND OF SURGE PROTECTION. WE'RE GOING TO BE LAYING MILES OF WIRE AND WE'RE SETTING OURSELVES UP FOR ONE LIGHTNING STRIKE TO TO BLOW THE WHOLE SYSTEM OUT. THEY SAID THAT THEY'RE GOING TO LAY THE TWO WIRE, THE WIRES ON TOP OF THE GROUNDS. NO BEARING, NO INSTALLATION. IT'S JUST GOING TO BE LAYING ON TOP OF THE GROUNDS. I GUESS THAT'S FINE.

IN THE RFP, IT SPECIFICALLY SAYS THAT THAT IT SHOULD BE INSTALLED INSIDE A CONDUITS.

THERE WAS NO MENTION OF THAT IN THEIR CONTRACT THAT THEY WOULD ACTUALLY INSTALL IT WITHIN THE CONDUIT. THEY JUST SAID THAT THEY WERE GOING TO LAY IT ON TOP OF THE GROUND. THERE WAS NO

[03:10:01]

MENTION OF WHAT SIZE WIRE THEY'RE GOING TO USE. ARE THEY GOING TO USE REALLY, REALLY THIN, CHEAP WIRE? THEY'RE GOING TO USE REALLY, REALLY GOOD WIRE. YOU KNOW, I MEAN, I CAN BUY REALLY CHEAP WIRE THAT FITS THE NEEDS BUT NOT DO A GOOD JOB. I MEAN, SO IT DOESN'T MENTION ANY KIND OF WIRE. IT DOESN'T MENTION CONDUIT SIZE, ANYTHING LIKE THAT. THE OTHER THING IS ON PAGE 113, THERE WAS AN EXCLUSION THAT SAID ALL UNDERGROUND PIPING AND EAR IRRIGATION COMPONENTS NOT VISIBLE IS EXEMPT FROM THE CONTRACT. SO IT SAYS HERE UNDERGROUND PIPING OR IRRIGATION COMPONENTS NOT VISIBLE WILL REQUIRE ADDITIONAL REPAIR ONCE THE SYSTEM IS RE-ACTIVATED AND PRESSURIZED. WELL, THAT'S CONTRARY TO WHAT THE RFP SAYS. IT LITERALLY SAYS IN THE RFP THAT WE WANT THIS SYSTEM TO BE FULLY AND FUNCTIONAL WHEN YOU'RE FINISHED, BUT THE EXCLUSION HERE IS THAT ANY AND ALL THINGS NOT SEEN, MEANING IT'S NOT ABOVE THE GROUND, IS EXCLUDED FROM THEIR QUOTE. IT'S A RED FLAG TO ME.

PAGE 117 SAYS THAT THERE ARE SOLE PROPRIETOR YET THEIR W9 SAYS THEY'RE AN LLC. IT INDICATES IN THE RFP THAT THAT ONE OF THE REQUIREMENTS IS THAT THEY'RE GOING TO IDENTIFY, LOCATE, AND MARK ALL ISOLATION VALVES. YET IN THEIR QUOTE THAT IS NOT IDENTIFIED AS A PART OF THEIR SCOPE, IT SAYS IN THE RFP THAT WATER VERIFY WATER FLOWS TO THE IRRIGATION HEADS ON EACH LINE. THAT, AGAIN, WAS NOT PART OF THEIR SCOPE. ONE OF THE BIGGEST RED FLAGS IS IT SAYS THAT THE QUOTE SAYS ALL INTERNAL COMPONENTS. HOWEVER, THE MOST LIKELY COMPONENT TO GO BAD IS THE SOLENOID, WHICH IS AN EXTERNAL COMPONENT. IT'S A $5 PART. IT'S THE ELECTRICAL MOTOR, IF YOU WILL, OF THE OF THE CONTROLLER. SO I CAN SEE A SCENARIO VERY LIKELY WHERE WE GO IN THERE, WE PUT A, YOU KNOW, A NEW INTERNAL DIAPHRAGM IN THERE. IT DOESN'T WORK. IT'S LIKE CUT IT OUT, SPEND $475. AND WE, YOU KNOW, PULLED UP $10 SHORT OF REPLACING THE SOLENOID, WHICH IS TECHNICALLY AN EXTERNAL COMPONENT. I'M CURIOUS IF THAT SOLENOID IS INCLUDED IN THE REBUILD. THERE'S NO MENTION IN THE QUOTE REGARDING MISSING OR DAMAGED OR BROKEN VALVE BOXES, ALTHOUGH THAT IS IN THE RFP. THEY DID NOT MENTION IN THEIR QUOTE THAT THEY WERE GOING TO USE ANY APPROVED WIRE CONNECTORS, WHICH WAS IN THE RFP. IT INDICATES THAT THE OWNER, LAGO VISTA, IS GOING TO SUPPLY ALL THE DECODERS. DO WE HAVE THE DECODERS? YES, SIR.

OKAY. AND SO THAT'S ABOUT $18,000 IN EQUIPMENT WE'RE PROVIDING. SO JUST JUST FOR CLARIFICATION THERE, THIS THIS CONTRACTOR IS GETTING $130,000 AND WE'RE SUPPLYING THE MOST EXPENSIVE COMPONENT OF ALL, WHICH IS THE DECODERS, RIGHT. I ASSUME WE ALREADY HAVE THE CONTROLLER. YES, SIR. SO WE'RE SUPPLYING THE CONTROLLER. THAT'S ANOTHER $2,500. THE CITY IS FORKING OVER. AND THERE'S NO MENTION IN THEIR QUOTE REGARDING THE THE INSTALLATION OF THAT CONTROLLER. LET ME JUST READ WHAT IT SAYS IN THE RFQ JUST TO HUMOR MYSELF. IT SAYS WORK UNDER THIS CONTRACT WILL INCLUDE, BUT NOT LIMITED TO INSPECTION, TROUBLESHOOTING, REPAIR, AND REPLACEMENT OF ALL DAMAGED COMPONENTS, ELECTRICAL DIAGNOSTICS VALVE AND LATERAL VALVE AND LATERAL LINE REPAIRS, CONTROL PROGRAMING AND OPERATIONAL TESTING. HOWEVER, THEIR CONTRACT EXCLUDES MANY OF THOSE THINGS. AND THEN OUR RFP GOES ON TO SAYS THE. THE INTENT OF THIS PROJECT IS TO FULLY RESTORE THE OPERATIONS OF THE IRRIGATION SYSTEM, ENSURING PROPER WATER FLOW. BLAH BLAH BLAH. SO THE INTENT OF THE ARE THE INTENT OF WHAT YOU WROTE WAS VERY GOOD. HOWEVER, THE CONTRACT THAT THEY THAT WE RECEIVED FALLS SHORT. SO I'M VOTING NO ON THIS. WHAT I WOULD HAVE LIKED TO HAVE SEEN, I DON'T KNOW IF IT'S JUST NOT STANDARD PROTOCOL, BUT THE NEXT QUOTE IN LINE, WHICH IS A VENDOR THAT WE HAVE USED, WAS ONLY ABOUT $5,000 MORE EXPENSIVE. I DON'T KNOW WHO THEY ARE. I KNOW THE COMPANY, BUT I DON'T KNOW THE OWNER OR ANYTHING. I WOULD I WOULD HAVE LIKED TO HAVE SEEN WHAT THEIR QUOTE LOOKED LIKE, BECAUSE I THINK MAYBE $5,000 COULD HAVE BEEN BETTER SPENT HAD IT INCLUDED A LOT OF THESE THINGS AT THIS OTHER CONTRACTOR SEEMS TO BE EXCLUDING, AND I'LL JUST SAY THE OTHER GUY HAS ALMOST 20 YEARS OF EXPERIENCE AND HE'S A LITTLE BIT MORE LOCAL. SO THOSE ARE MY THOUGHTS. ANY OTHER DISCUSSION? I WAS JUST GOING TO SAY IT'S A GREAT LIST, MR. BANFIELD AND YOU KNOW, FROM MY MY HISTORY WITH YOU ON THE IRRIGATION SUBCOMMITTEE, I WAS NOT SURPRISED TO HEAR THE DETAILS YOU'RE BRINGING THERE. SO I DON'T KNOW. ERNESTO, DO YOU HAVE ANY THOUGHTS? I MEAN, IS IT IS IT IN YOUR MIND? ARE THESE THINGS THAT MR. BENNEFIELD LISTED SOMETHING THAT YOU FEEL YOU CAN GET ADJUSTMENT TO IN THE CONTRACT IF THE VENDOR AGREE WITHOUT CHANGING PRICE OR MANAGE IT ON SITE, OR IF, IN FACT, IT'S A, YOU KNOW, LONG ENOUGH LIST OF CONCERNS THAT IT'S WORTH REVISITING. THE SECOND ONE, WHICH WAS, WAS IT PAUL'S? YEAH, YEAH. SO WORTH LOOKING CLOSER AT THE, THE SECOND VENDOR.

[03:15:05]

WHAT'S YOUR, WHAT'S YOUR THOUGHTS ON WHAT TO DO WITH THIS INFORMATION? FIRST, I WANT TO SAY THANK YOU. I SEE ALL THOSE CONCERNS. SOME OF THEM I DID SEE IT OR I ADDRESSED. I WAS GOING TO ADDRESS THEM. AND I THINK, LOOK, TAKING A DEEPER LOOK INTO THE CONTRACT AND SEE IF WE CAN REFINE SOME OF THOSE WITHOUT ANY PRICE CHANGING OR SUCH. I DON'T REALLY KNOW WHAT THE LEGALITIES OF IT, OR MAYBE LOOKING AT THE SECOND POTENTIAL CONTRACTOR TO SEE TO SEE HIS QUOTE, THERE IS A $5,000 DIFFERENCE. AND ESSENTIALLY, YOU KNOW, WE PICKED THE LOWEST BIDDER TO SAVE A LITTLE BIT OF MONEY. BUT IF THAT'S GOING TO BE MORE, MORE OF AN ISSUE, THEN YOU CAN LOOK AT THEIR SECOND, SECOND BIDDER. MR. WESTON YEAH, I WOULD RECOMMEND WE GO BACK AND LOOK AT THE OTHER BIDDERS. IF THERE'S ITEMS THAT HAVE BEEN OMITTED OUT OF THAT CONTRACT, WE DEFINITELY NEED TO LOOK AT THE OTHER BID. OKAY. MISS SABRINA, I JUST WANT TO THANK YOU AGAIN. ERNESTO. AND AND I THINK IT'S VERY VALUABLE THAT WE HAVE MR. BENNEFIELD ON COUNCIL TO BE ABLE TO BRING THESE THINGS TO LIGHT, BECAUSE I WOULD HAVE COMPLETELY MISSED THIS. I MEAN, I REVIEWED THIS PACKET, AND I THOUGHT I WAS DOING MY DUE DILIGENCE, AND IT'S OBVIOUS I DID NOT UNDERSTAND WHAT I WAS GETTING MYSELF INTO. SO I APPRECIATE YOU BRINGING THOSE ITEMS TO LIGHT. SO I CAN ADDRESS SOME OF THOSE THINGS. SO, YOU KNOW, WE CAN LOOK AT THE OTHER CONTRACT, BUT FOR EXAMPLE, THE THE VALVE. SO THAT WAY YOU DON'T FEEL LIKE YOU MISSED IT COMPLETELY. SOME OF THOSE THINGS I DID SEE, FOR EXAMPLE, THE THE CHANGE OF THE VALVE, THEY WILL NOT BE ABLE TO CHANGE IT WITHOUT A CHANGE ORDER. THAT WOULD HAVE BEEN ME GOING TO LOOK AT IT. AND I DO HAVE A PERSON THAT ON STAFF THAT IS NOT A LICENSE IRRIGATOR BUT HAS WORKED IN IRRIGATION. BUT THOSE KIND OF THINGS. WE WOULD NOT LET HIM CHANGE ANYTHING OR INCREASE THE PRICING, THE DECODERS AS WELL. WE WERE. THAT'S WHY IT WAS GOING TO BE MY MY PROJECT, TO BE WITH THEM ALL THE STEP OF THE WAY WHEN THEY WERE INSPECTING, CHECKING, TESTING. AND I ONLY CAUGHT SOME OF THE THINGS THAT YOU MENTIONED BECAUSE IT WAS QUITE LIST. IT WAS A REALLY GOOD LIST. THE PIPES THAT THEY'RE NOT GOING TO REPAIR OR SUCH IT WAS WOULD HAVE BEEN UNDERGROUND, NOT THE LEADS TO THE IRRIGATION IF THERE WERE ANY LEAKS ON THE, ON THE MAIN LINES THAT WERE NOT REPAIR THOSE, THAT WOULD HAVE BEEN US DOING IT, BUT WE ALREADY REPAIR ALL THOSE. SO THAT WASN'T REALLY A CONCERN OF MINE BECAUSE WE HAVE WATER FLOWING, WE JUST DON'T HAVE THE AUTOMATION AUTOMATION ON IT.

THE COMPONENTS THAT WE DID PURCHASE, WE ALREADY HAVE IT BECAUSE AGAIN, THE INTENT WAS TO DO IT IN-HOUSE, BUT WE HAD THESE FUNDS THAT WERE ALLOCATED FOR US. SO WE'RE TRYING TO TO MOVE THAT TIMELINE, MAKE IT FASTER. BUT YOU KNOW, I WOULD DEFINITELY WOULD DEFINITELY TAKE THE BITTER AND MAKE A RECOMMENDATION. ONE OTHER QUESTION IN REGARDS TO THE, THE ACTUAL COMPONENTS THAT THE CITY ALREADY OWNS AND THAT WE WOULD BE SUPPLYING TO THE BASICALLY INSTALLER OR VENDOR. WHAT IS I MEAN, HOW ARE WE GOING TO MAKE SURE THAT THAT THESE ITEMS THAT WE ALREADY OWN ARE ACTUALLY FUNCTIONAL AND THAT THEY OR THE, YOU KNOW, THEY DON'T JUST SAY THAT ONE OF THEM IS NOT FUNCTIONAL OR LIKE THESE DECODERS. I MEAN, ARE YOU GOING TO BE THERE ON SITE TO SEE SEE THEM AS THEY'RE INSTALLING THEM OR THEY'RE GOING TO COME BACK AND THERE'S POSSIBLY ONE THAT NOT DOESN'T WORK? OR IS THERE ANY WARRANTY ON THESE PARTICULAR ITEMS? YEAH, THERE'S, THERE WAS, THERE'S WARRANTY INCLUDED IN IT, BUT I WAS GOING TO BE ON SITE. I WAS GOING TO BUILD A TWO MAN TEAM. AND WHEN I WAS NOT GOING TO BE IN THERE, NOT FOR EVERY JOB, BUT TO SEE IT. IF THERE ARE ANY ISSUES TO LET ME KNOW. THAT'S HOW I HANDLE THE PROJECTS. PART OF BEING THE PROJECT MANAGER IS IF YOU COME UP WITH AN ISSUE AND NOT JUST CHANGE IT, LET ME KNOW, ESPECIALLY IF YOU'RE GOING TO CHARGE ME MORE. AND THEN I HAVE A PERSON THAT ASSISTS ME WITH ALL MY PROJECTS WHILE I WAS IN UTILITIES. SO THAT'S, THAT'S THE WAY WE KIND OF WORK IT OUT. I GO OR HE GOES OR ONE OF US, WE KEEP A CLOSE TRACK ON THOSE CONTRACTORS. OKAY. THANK YOU. BECAUSE I ALWAYS HAVE CONCERNS ABOUT WHEN YOU SUPPLY SOMETHING TO SOMEBODY AND THEN THEY GO TO INSTALL IT AND THEN IT DOESN'T WORK AND THEY SAY, OH, WELL, IT WASN'T, YOU KNOW, YOU'VE SUPPLIED ME WITH AN INEFFECTIVE ITEM, BUT I JUST WAS HERE TO INSTALL IT. AND THEN, YOU KNOW, WE BACK BACK REPLACING IT. SO IF IT'S WARRANTED, THAT'S GREAT.

THANK YOU. OKAY. WELL, I'M STILL OPEN TO A MOTION. MR. BENEFIELD, I WOULD LOVE TO SEE YOU GUYS DO THIS IN HOUSE PERSONALLY. I MEAN, THOSE VALVES HAVE SIX SCREWS. IT COMES IN A SMALL BAG. EVERY INTERNAL COMPONENT YOU UNDO SIX SCREWS, YOU POP THAT LID OFF, YOU DROP THE BAGGIE IN THERE. YOU PUT THE SIX SCREWS IN THERE. IT'S A FIVE MINUTE JOB. AND I PERSONALLY ALONE AT 50 YEARS OLD, COULD PROBABLY KNOCK THIS OUT IN ABOUT TWO DAYS DOING 120 VALVES. I MEAN, WALKING FROM 1 TO 1. AND THEN IF YOU GUYS JUST IF ALL YOU'RE DOING IS LAYING WIRE ON TOP OF THE GROUND, I MEAN, YOU'RE NOT EVEN TRENCHING IT IN PLACE. I MEAN, YOU LITERALLY COULD JUST RENT AND THAT'S PROBABLY ANOTHER 2 OR 3 DAY JOB. I WOULD LOVE TO SEE US.

YOU. I MEAN, I KNOW THE MONEY'S THERE, BUT THERE'S ALWAYS PLACES TO SPEND THAT MONEY,

[03:20:04]

RIGHT? MAYOR PRO TEM BASED ON WHAT COUNCIL? COUNCILOR BENEFIELD. I MEAN, I THINK WE WENT DOWN THIS ROAD BECAUSE WE SAID, PLEASE GET IT DONE QUICKLY. WHAT WOULD THE TIMELINE BE TO YOU? CAN YOU ESTIMATE WHAT THAT WOULD BE IF YOU DID IT IN HOUSE? NO, WE, WE MOVED, WE MOVED ALONG WITH OTHER PROJECTS. AND I DIDN'T NOT COMPLETELY TAKE IT OFF CEDAR BREAKS BECAUSE WE WERE THERE. BUT NO, I HAVE TO GO LOOK AND SEE WHERE WE CAN FIT IT AND WHAT'S THE TIMELINE. THAT'S WHY I MENTIONED, YOU KNOW, IT'D BE A SITE VISIT WOULD BE GREAT BECAUSE THE MOST CHALLENGING IS THE TERRAIN, HOW THE DISTANCE BETWEEN BOXES AND ALL THAT TERRAIN, THE BOXES. AS YOU CAN SEE, SOME OF THEM ARE BURIED AND ALL THAT STUFF. YES, CAN POTENTIALLY DO IN A HOUSE. I'M NOT GOING TO TELL, YOU KNOW, BUT THE TIMELINE, IT'S REALLY NOT, YOU KNOW, DEFINITIVE AND HAVING OTHER OTHER PROJECTS SCHEDULED THROUGHOUT THE YEAR, THEN THAT MIGHT BE CHALLENGING. MR. WEST, WE NEED THIS PROJECT COMPLETED BEFORE THE PUMP HOUSE IS INSTALLED, CORRECT? YES, BECAUSE STAFF CURRENTLY IS GOING OUT THERE AND TURNING VALVES ON COSTING, YOU KNOW, COSTING THE CITY OVERTIME BECAUSE THEY HAVE TO GO THERE ON THE WEEKENDS. WE HAVE A ROTATION AND IDEALLY YOU DON'T WANT TO OVER IRRIGATE AN AREA BECAUSE YOU'RE GOING TO KILL THE CROPS AGAIN. SO THEY HAVE TO GO THERE CONSTANTLY TO DO THIS, OPEN THIS VALVE, OPEN THIS VALVE, OPEN THIS VALVE. AND THEN WITH THIS AUTOMATION OF THIS SYSTEM, YOU KNOW IT'LL WORK AT IRRIGATION AT YOUR HOME ZONE HERE, ZONE HERE, ZONE THERE. YEAH. YOUR STAFF IS ALSO TAKING CARE OF OTHER PROJECTS AROUND TOWN TO ENSURE WATER IS FLOWING AND WASTEWATER IS FLOWING. CORRECT. OKAY. MR. PRINCE. YEAH. I MEAN, THERE'S ALWAYS THE TRADE OFF OF MAKE VERSUS BUY FOR ANY PROJECT, AND YOU CAN ALWAYS DO IT CHEAPER WITH STAFF YOU HAVE THAN GOING TO PAY SOMEBODY ELSE. THE FACT THAT THAT THIS QUOTE WAS THE LOWEST AND THE OTHER TWO WERE NOT COMPLETELY OUT OF WHACK. YOU KNOW, IT FEELS LIKE ALL THREE COMPANIES WERE IN THE SAME BALLPARK. SO IT'S PROBABLY ABOUT APPROPRIATE FOR THE QUOTA, I WOULD GUESS. SO FOR MY PURPOSES, I'M, I'M THERE WITH THE THERE WERE A NUMBER OF ISSUES WITH THIS, AND I THINK IT'S APPROPRIATE FOR YOU TO GO BACK AND LOOK AT SHOULD IT STILL BE THIS COMPANY OR THE OTHER GUY, WHICH ONE IS GOING TO PROVIDE THE BETTER VALUE? THE QUESTION OF OF YOUR STAFF DOING IT VERSUS OUTSOURCING, I THINK COMES BACK TO WORKLOAD.

AND YOU KNOW, YES, IF YOU CAN DO IT WITHOUT SIGNIFICANTLY IMPACTING OTHER THINGS THAT ARE REALLY IMPORTANT TO US AND BY ALL MEANS, DO IT RIGHT. BUT IF THAT'S IF THAT'S NOT PRACTICAL, THEN YOU KNOW, WE NEED TO OUTSOURCE IT, WHICH WAS THE PLAN, I UNDERSTAND. SO I WOULD SUGGEST ON THAT FRONT THAT YOU AND MR. WEST MAKE THAT JUDGMENT CALL AND THEN INFORM US YOU COULD COME BACK AND SAY, WE'VE CLEANED IT UP WITH AQUA FLOW. WE'RE STILL RECOMMENDING THEM.

OR, YOU KNOW, THE MORE WE DUG INTO IT, WE'RE MORE COMFORTABLE WITH THESE OTHER GUYS. OR YOU COULD SAY WE FIGURED OUT HOW TO DO IT IN-HOUSE AND SAVE A BUNCH OF MONEY, AND I'D BE OKAY WITH ANY OF THOSE. BUT JUST LOOK FOR YOU GUYS TO, TO, TO COME BACK AND ADVISE US ON THAT FOR THAT HOUSE. I'M, YOU KNOW, I'M NOT GOING TO SAY NO, BUT I'M NOT REALLY LEANING TOWARDS THAT BECAUSE WE, WE WERE FALLING A LITTLE BEHIND IN UTILITIES, INSTALLING WATER SERVICES AND SEWER SERVICES AND ALL THAT SORT. WE FINISHED THE SMOKING SMOKE TEST TESTING, DO A SIGNIFICANT AMOUNT OF LEAKS THAT I'LL, I'LL SEND THAT REPORT TO CHARLES LATER ON. SO.

BUT. THANK YOU. AND SO I'M WITH YOU THERE, COUNSELOR PRINCE. AND ON THAT NOTE, I'D LIKE TO MAKE A MOTION THAT WE TABLE THIS UNTIL THE APRIL 16TH. WOULD THAT GIVE YOU ALL ENOUGH TIME TO GO THROUGH THESE. ALL RIGHT. FOR ITEM NINE THREE, THE PROPOSAL FOR THE RFP FOR 2603 CEDAR BREAKS IRRIGATION REPAIR. AND TO GO AHEAD AGAIN, JUST TABLE THIS. THANK YOU. I HAVE A MOTION FROM THE MAYOR PRO TEM. DO I HAVE A SECOND? I HAVE A SECOND FOR MR. PRINCE. ANY DISCUSSION ON THE MOTION? HEARING NONE. ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? SAY NAY. IT IS APPROVED UNANIMOUSLY TO BE TABLED TO THE APRIL 16TH MEETING. THANK YOU,

[X.2. Discussion and staff presentation regarding conceptual drawings of a potential “pocket” park on approximately 2.2 acres of city-owned property on Dawn Drive between Lynn Lane and Lago Vista Way (TCAD parcels 177904 and 177907), designated as “City Park” by Ordinance No. 24-09-05-03.]

THANK YOU. ALL RIGHT. WE WILL NOW MOVE DOWN INTO WORK SESSION ITEMS. WE WILL GO TO WORK.

SESSION TEN TWO DISCUSSION AND STAFF PRESENTATION REGARDING CONCEPTUAL DRAWINGS OF A POTENTIAL POCKET PARK ON APPROXIMATELY 2.2 ACRES OF CITY OWNED PROPERTY AND DRIVE BETWEEN LYNN LANE AND LAGO VISTA WAY. TWO PARCELS 177904 AND 177907, DESIGNATED AS CITY PARK BY ORDINANCE NUMBER 2409 0503. AND WE HAVE DAVID. THANK YOU, MR. MAYOR. ALL RIGHT. SO YOU MAY RECALL DURING LAST YEAR'S BUDGET PROCESS, A COUPLE OF THINGS. THE FIRST WAS THE COUNCIL HAS BEEN COMMITTED TO DEVELOPING POCKET PARKS IN THE COMMUNITY, AND THUS HAS ACTUALLY ALLOCATED $15,000 PER YEAR FOR THE LAST SEVERAL YEARS. AND SOME FRUSTRATION THAT NO

[03:25:08]

PROGRESS HAD BEEN MADE IN THAT REGARD. AND SO COUNCIL WAS KIND ENOUGH TO ALLOW ME TO USE LAST YEAR'S ALLOCATION TO DO SOME ADA FIXES OVER AT SUNSET PARK, WHICH WE DID, AT WHICH TIME I PROMISED TO COME BACK WITH A PROPOSAL TO TALK ABOUT WHAT WOULD BE FEASIBLE. AND I THINK AT THAT TIME I SAID $15,000 WAS NOT FEASIBLE. SO TODAY WE WANT TO TALK A BIT ABOUT THAT. THE REASON POCKET IS IN QUOTATIONS IS FIRSTLY BECAUSE EVERYBODY DEFINES A POCKET PARK DIFFERENTLY. SOME COMMUNITIES IT'S AN ACRE OR LESS. FOR SOME COMMUNITIES IT'S TWO ACRES OR LESS. FOR SOME THEY CAN GO UP TO THREE ACRES. THE PARCEL THAT WE'RE GOING TO TAKE A LOOK AT TODAY IS ACTUALLY TWO PARCELS THAT EQUATE TO 2.2 ACRES OF PROPERTY. THE CITY OWNS BOTH OF THOSE PROPERTIES. THEY ARE DOWN AT THE END OF DAWN DRIVE THERE AS IT TURNS TOWARDS A LANE. AND DO TAKE A NOTE, JUST IF YOU WILL, AND WE'LL GET INTO IT A MOMENT ON THE LOWER PORTION OF THAT PROPERTY LINE. YOU'LL SEE THERE MAY BE SOME POTENTIAL CONFLICT SHOULD WE MOVE INTO DEVELOPMENT. BUT TODAY WE WANT TO TALK ABOUT THREE POSSIBILITIES FOR WHAT WE CAN DO ON THESE 2.2 ACRES. EVERYTHING TO THE VERY BASIC, WHICH WAS, AS I RECALL, THE COMMENT FROM ONE OF THE COUNCIL WAS JUST PUT A SWING SET ON AND LET'S DO IT. SO LET'S LOOK AT THAT POSSIBILITY. BUT BEFORE WE GET THERE, SO LET'S LOOK AT THE PROPERTY. SO THIS IS ME STANDING LITERALLY THIS MORNING AT DAWN DRIVE LOOKING INWARD. SO YOU SEE THE DRIVEWAY THERE.

AND YOU CAN SORT OF SEE HOW ALL OF THESE ARE RELATED IN TERMS OF THE LOCATION OF THESE PARCELS. BUT IT'S THE NICE THING ABOUT IS THIS IS A VERY BUILDABLE PARCEL. IT'S RELATIVELY FLAT UNTIL YOU GET TO THE VERY REAR, AND THEN IT SORT OF TAKES A DIP INTO ONE CORNER. BUT OTHERWISE LOTS CAN HAPPEN ON THESE 2.2 ACRES. NEXT, WE'LL LOOK FROM THE OTHER DIRECTION. SO THIS IS FROM THE REAR OF THE PROPERTY. IN THE TWO IMAGES ON THE LEFT HAND SIDE. AND THEN WHAT IS SORT OF A PSEUDO PARKING AREA THAT HAS LONG EXISTED. IT'S MY UNDERSTANDING THAT THIS USED TO BE A WATER PLANT OR SOMETHING THAT AFFECTS. SO YOU STILL SEE SOME OF THAT OLD ASPHALT THAT'S THERE. REMEMBER I SAID, TAKE A LOOK AT THAT PROPERTY LINE AND THIS IS THE REASON WHY. SO IN THE LOWER LEFT IMAGE, YOU CAN SEE THE BUILDING THERE AND WHERE THE ASPHALT KIND OF LOOKS DIFFERENT. THAT'S ABOUT THE PROPERTY LINE FOR THIS PROPERTY.

SO YOU CAN SEE IF WE WERE TO JUST BUILD A WALL OR SOMETHING, THERE'D BE A REAL PROBLEM FOR THAT PARTICULAR PROPERTY OWNER TO EVEN ACCESS THOSE GARAGES THERE AND THAT PROPERTY THERE.

YOU'RE PROBABLY ALL FAMILIAR. IT'S FIVE CONDOMINIUMS THERE, AND THEY'RE OWNED BY A COUPLE OF INVESTORS, ONE OF WHOM OWNS THE BULK OF THE PROPERTY. HE HAD INDICATED THAT THERE'S BEEN AN EASEMENT GRANTED FOR A REALLY LONG TIME. AND SO THE OBVIOUS QUESTION IS, OH, DO YOU HAVE THAT IN WRITING? NO. SO BUT I DID TELL HIM, OBVIOUSLY, THIS IS JUST AN INITIAL DISCUSSION AND OBVIOUSLY WOULD INCLUDE PROPERTY OWNERS SO THAT THEY WOULD UNDERSTAND WHATEVER IMPACTS MAY OCCUR. I ALSO INDICATED THAT, YOU KNOW, WE'RE LOOKING AT, YOU KNOW, A NUMBER OF DIFFERENT CONCEPTUAL PLANS. NEXT, PLEASE. SO THE BACKGROUND ON THIS, SO YOU'VE GOT TWO PARCELS AND ONE IS JUST OVER A HALF AN ACRE, AND THE OTHER IS JUST OVER AN ACRE AND A HALF.

THESE WERE DESIGNATED AS CITY PARK BY ORDINANCE BACK IN 2024. PRAC HAS LONG BEEN LOOKING AT THESE PARCELS AND IN 2022, ACTUALLY MADE A RECOMMENDATION TO THE COUNCIL ABOUT WHAT COULD BE DONE THERE BECAUSE THEY THOUGHT THIS WAS A PRETTY EASY PLACE TO DO SOMETHING. AND THEIR RECOMMENDATION WAS BUILD A PARK AND INCLUDE WITH IT A TRAIL, PLAYGROUND, GAZEBO, PICNIC TABLES, BENCHES, AND THEN JUST FOR THE SAKE OF ARGUMENT, YOU CAN SEE IT'S LOCATED FAIRLY NEAR SOME MULTI-FAMILY RESIDENTIAL. YOU CAN SEE THE TRAFFIC CIRCLE THERE, AND THEN THOSE PROPERTIES DIRECTLY BELOW THAT. NEXT PLEASE. SO LET'S LOOK AT SOME CONCEPTS. HERE IS THE SWING SET CONCEPT. SO LITERALLY WHAT YOU SEE IS A THREE VEHICLE PARKING. PARKING AREA. SO IT'S TWO ADA PARKING SPOTS AND ONE REGULAR. THEN THERE IS SIDEWALK RUNNING BETWEEN THOSE AND AROUND THE BACK OF IT TO ENSURE THAT THE SWING SET AND THE

[03:30:03]

ADJACENT BENCH THAT ALL OF THAT IS ACCESSIBLE. THE PROPOSED SWING SET, THERE IS A TWO BAY SET. I THINK WE'VE TALKED ABOUT IT BEFORE, THAT A BAY BASICALLY IS THE SPACE BETWEEN TWO UPRIGHTS AND PLAYGROUND STANDARDS MANDATE THAT YOU CAN'T MIX A BAY. SO THE REASON THAT'S A TWO BAY IS ON ONE SIDE, YOU'VE GOT WHAT WE CALL SLAT SWINGS. THOSE ARE JUST LITERALLY RUBBER SLATS WITH A METAL PIECE IN BETWEEN. THOSE ARE TYPICALLY SCHOOL AGE SWINGS.

AND THEN ADJACENT TO THAT YOU HAVE A COMBINATION OF A 360 DEGREE TOT SWING ADJACENT TO AN ADA ACCESSIBLE, SIMILARLY CIRCULAR SWING. SO THOSE ARE ALL OF THE ELEMENTS. THAT'S IT.

YOU GET A PARKING SPACE, YOU GET THE SWING SET, YOU GET ACCESSIBLE PATHWAYS, YOU GET A BENCH BEHIND IT, MULCH UNDERNEATH IT, AND ALL THE PREPARATION FOR THAT AND THE GRAND TOTAL COST IS $99,766. SO AND, AND SO AGAIN, THE ACTUAL QUOTE IS THERE ON THE RIGHT HAND SIDE. BUT YOU SEE WHAT THE COSTS ARE. YOU'VE GOT GENERAL SITE CONDITION PREPARATIONS.