don't see you for years and welcome to the Bradon city council meeting on Wednesday April 24th at 2024 8:30 a.m. in City Hall council chambers this time we'll ask uh Pastor Troy Masterson with Bible Baptist Church to come forward give us our prayer and then we'll do the invocation after please stand let's pray dear heavenly father we're thankful for this opportunity to gather and govern the Affairs of this city Lord I ask your hand and blessing upon each leader here that you give him great wisdom and the decisions that are to be made today and Lord I pray that we would um honor you through our words and our actions and seek to honor you in everything that's said and done here today pray these things now in the name of Jesus Amen thank you to join us in the pledge pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with li liy and justice for all thank you Pastor for coming and taking your time and Madam clerk we do not have any presentations or proclamations scheduled this morning all right so we'll move right along into citizen comment citizen comment will be accepted during the citizen comment portion of the meeting on any non-agenda items agenda items future agenda items or topic of relevance to the city comments will be accepted on the public hearings at the appropriate time I just want to remind everybody at the last meeting we did have some audience disruptions um I'm just warning you now if there's an audience disruption we will ask you to leave or you'll be you know um escorted out so thank you Madame clerk um we'll do the cons citizen comment and I only have one Mike Mian please come forward state your name and your city of residence for the record good morning sir you have three minutes good morning mayor uh Mike me and Manatee County I'm here to talk about the um bacterial levels in North palas Sola Bay I've previously addressed the Bron City Council on the topic and these are the readings for the month of March uh on a weekly basis um ending 229 the reading was was 246 um I should point out any reading above 70 is considered dangerous uh so the first reading uh February 29th was 246 um an amazingly astoundingly scary number for March 5th the number was 1,121 uh March 18th the reading was 368 and um on Fe for uh March 25th the reading was 934 um the numbers are quite high and quite dangerous um I did have one idea that I'd like to share with you for notifying the public about this um as you know the Florida Department of Health has a notification for the southside of palasa bay but there is no notification system for the north side unless you read the uh Sun Coast water keeper report which is published on a weekly basis um it's kind of the Smokey the Bear idea I don't know if you have visited out west but there's a Smokey the Bear sign at most of the parks and U it's it's just a fire danger level which high medium and low and gives campers and hikers and idea about whether or not it's safe you know to hike on the Trails um in the woods um so I had an idea and I'm going to call it mini the mermaid and uh you can have a nice little mini on a sign and just post on a weekly basis uh poor moderate you know okay to swim uh so I just submit that for you to think about as a way to let the people in Manatee County and visitors from up North know about the quality of the water in North palmasola Bay thank you thank you sir I have no other comments um Council have any comments or the only comment I would have is obviously we had um Dave tomasco of Sun Coast water keeper come give us a presentation in the just in the past not too long ago and uh obviously anything we can do to to give information is important but um you know with what Dave keeps telling us you know Mrs Coker yeah I did just um uh Monday got a report from Mr tomasco there is a bloom out there right now I'll share that with everyone and I will also share it with u Mr Mian I think I have his email um talking about you know what's going on in the in the waters it's combination of a lot of things yes yes M so all right any other questions or we'll move forward to consent agenda Madame clerk staff is requesting approval of items a through D chair will entertain a motion motion to approve consent agenda second and second by Miss Coachman all right any other discussion Mr Perry would you like to say something first that you did talk with everybody and I had the opportunity to speak with each and every counselor about the consent agenda um we were able to provide additional detail as you know acquired by individual counselors and um I'm glad we're able to do that I think it uh helps the process along and everybody's pretty diligent and uh and reviews these items in detail all right thank you hearing no further discussion we'll start the vote inward two yes three yes four yes five yes one yes carries five to zero Madame clerk item 7A is the continuation of public hearing for resolution 2420 all right and who do we have the pleasure of meeting with today yours truly I am the assistant director of planning Community Development Greg Delong um since we the last meeting on April 10th um staff did meet with the uh applicants we met on Friday the 12th and reviewed um you know the request and claimed up with a conclusion on some stipulations to help guide city council and making a hopefully a possible resolution to and decision on this case um the applicants since the last meeting did submit a letter which was in your packet withdrawing their request for a lounge so the request moving forward today would only be for the indoor amusement Center um in addition uh when working with the applicant the applicant did agree to these nine stipulations or conditions that are listed on your screen and that is what I have today and the applicant is here if you have any questions all right um the one thing that that you and I talked about Greg and um kind of uh was possibility of if if something happens if this this business closes down for a period of time and then you know it for a certain time I mean I know sometimes we have things were there 12 months if it's closed consecutive for 12 months like we had that with drive-ups we had it with car washes is there something in here because of it's our main focus downtown that we could put something in it like 30 days if they close for some reason that they would lose that is not listed in these n conditions that are listed on the screen but that is something you as council could have that conversation with the applicant I know we mentioned it in the conversation maybe there's something we could add that would and it was something we have not discussed with the applicant that should the business close for a period of 30 days that the adopted um special use application becomes n and void with the exception of maybe a natural disaster or a health pandemic again since and the reason I say that is because we are getting some complaints by our merchants and and on Main Street that there's some businesses that are just boarded up or or Windows paper one day plastic the next day and they're not really you know we don't want boarded up places and and things are happening where you know and I know there's some cities that if you're not within 30 days something has to happen or or or time frames so we're looking at I'm looking at possibly bringing in an ad hoc committee to do something with the downtown core of what can be done like other cities have done to to really keep it vibrant you know and not have the the um derel properties that just sit for years you know like a couple of them are so Mr Perry did you have something or I all your reach any on that no I was just okay reaching okay all right any other questions or comments or concerns I mean Mr rudisell is that something that a 30-day is reasonable or if it's accepted yeah I mean if the applicant is uh is willing to accept that as a condition I I don't see any reason we couldn't include that in the in the order all right other comments I know we've we've pushed this can down the road it's time to to make a decision today I believe I don't think we can push it down the road anymore it's not fair to the applicant yes ma'am Miss Barnaby thank you um Mr dong or Miss singer um I I've kind of struggled with this one because it seems that every time we have a public hearing we have we have this brought forward the information changes and I don't see a lot of consistency with it which makes me feel very uncomfortable and when we had talked about um the hours of operation well first we were told that well we don't really know the hours that we want to be open yet and then um I I see this and it's like the hours of you shall be between the hours or you know between basically 6:00 a.m. in the morning until 2: a.m. the next morning I'm wondering about the that does not appear to be compatible to me with the other businesses that we have I know that we have some businesses that stay open till two but they're mostly bars and this was brought forward to us as a familyfriendly activity I don't know many places I'd want and and I know they're saying after 8:00 they're not going to allow anybody else that's under 21 in there um but I I'm I'm concerned about the compatibility with our downtown and can you speak to that please um yeah is is it comp I mean I yeah I don't see it so yeah I think if you um if you look at the staff report you'll see the list of um the uh criteria that they have to meet and as uh you're speaking to essentially criteria I uh which is General compatibility or appropriateness with adjacent properties and other properties in the district with special consideration given to the proposed hours of operation um and and understandably that they're coming forward as an amusement and uh perhaps attracting you know a younger crowd um some of the stipulation spoke to you know only you know minors up to a certain time um but if you feel that that's still not compatible I think under that criteria I think what you're speaking to is that perhaps it's not compatible with that criteria and and you know not permissible really as a special use um they still you know we're not taking away their use if you determined to deny the amusement parlor they can still have a restaurant uh they can still have a cafe they can still still have a couple of um pinball machines as long as that is accessory to and subordinate to the primary use which is in eating and drinking establishment um they can't exceed uh 49% in receipts for alcohol uh and our in our conversations with them they're just talking about like canned beer and a few other things uh and primarily being food so if they did uh decide to become primarily a cafe um that uses available to them as a permitted use so I I it's not that you're denying them any use of the property um but you know the point to a special use is that if you don't feel they meet all those criteria then you have a you know an obligation really to um consider a denial the request well and and I am concerned about having a special use and and special uses can be forever and ever amen and again I know that we've talked about wanting to get more Apartments Downtown I that the the buildings nearby have the ability to do that but I can't imagine anybody wanting to live in an apartment that's going to be very near or next door to a a pinball arcade with the noises that pinball machines make and they want to be open until 2 a.m. um I'm I'm just having a very hard time with this all right and the applicant is here if you wanted to discuss the conditions or any additional conditions right Mr Kramer um to the point that councilwoman Barby made isn't the reason these things are changing is because we've sort of asked them to change it like the whole hours of operation and the liquor sales I mean they withdrew the lounge requests I mean isn't that sort of part of what we've been asking about well I think the one of the reasons that if if I may so that we keep asking in to get information is every time we ask a question we get a different answer at times I think that was the two owners well I I understand that but I think the information that um when when they first came forward we there there it was very Loosey Goosey and we were trying to get them to give us something that we could vote up down agreed and that's again I just I am struggling with this being compatible okay I think it's within the entertainment that was mentioned in that section I personally um so I just leave it at that I think um to two comments that each of you made um Mr Kramer when I first saw it I was excited about the adult Game Room type situation where when you go to bigger cities they'll have those where at lunchtime you go in and get a sandwich but you can do that little machine with the bowling or or pinball and you know so I thought it was going to be that and then we heard that it was going to be pinball sales and then we had kind of morphed into something else with alcohol sales and then now it's coming back and and as Miss Barnaby's point or vice mayor Barnaby's point of there's opportunity now that I think is going to be coming through our CRA to help some of the upstairs turn into Apartments where it was so cost prohibitive before but now I think the CRA is coming up with ways to make those apartments become more reality because of some grants and things of that if everything goes well tomorrow so you know we we don't want to do something that could put us backwards a little bit bit and I don't know that I'm not saying this is because I was very excited about that type of out you know Amusement where you can do it and it has changed quite a bit and it's still confusing to a point and and sometimes that's why I wanted the 30 days if something happens and they close you don't want it just to be sitting there for 12 months if council's pleasure is to pass it so I believe Mrs Moore had a comment or question um I was just going to note that um I think that the hesitancy is legitimate I think we're all nervous about how it will turn out but I just want to note that I think that if we want to design downtown then we have to do it thoughtfully on a grander plan um so that we don't have these um more difficult decisions um so I would like to see us you know potentially have a workshop or something so that we maybe after after stantech reports on the visioning so that we can kind of boil down what our vision is for the downtown and how planning can help us actually accomplish that generally so that we don't have to struggle with the you know individual uh requests that you know is it is it going to tip the scale to more of a bar you know what we're an element that we're trying to avoid I don't know it's hard to say but I feel like we should overall decide what we want downtown to look like and I think that's a process we're going through through and when they did downtown by Design many years ago it was a process that they went through and some of the the bars that came in at the moment might have been the right thing but obviously we're seeing is not the right thing now and I think for as a consensus we've we've talked we as a council um and mayor's Administration are not supportive of bars only anymore you know we want more restaurants and Bar bars and you know together as well as entertainment so this that's why I think this is a struggle because we just don't know what this is and how it's going to play into it so um you know I know then again we've talked about it now for the third time and um so you know I just think that you know where we are is where we are I don't know if the applicant wants to talk before we go to the public hearing and kind of give us a little bit update and I just like to say something before you go if if we all didn't care about our downtown sure we wouldn't be wordsmithing this so much it would just be a no and move on right I care about the downtown that's why I'm trying to open up we agree different I me and the the reason this is um I'm trying to have a business um I'm not going to be open 6:00 a.m. till 2: amm I just want the ability to be open till 2: a.m. at that is what happens so um I want the ability to be open up at 6:00 a.m. and do breakfast if that seems to be what works out um as far as pinball goes we are doing pinball for people to play and as well they will be for sale so um also I'm a tenant that been paying rent for this place for two years so if I close down I'm not there 30 days later or whatever so um I don't know if anybody had any more questions but yeah the hours are just we want and we have changed stuff like Mr Kramer said because you guys were just trying to help you know we're trying to make this work cow so I don't but I'm I'm in the downtown area trying to be which is a lot of bars but I'm trying to do something different not be a bar I don't want to be a bar I want to be a cafe so that's the best I can do it's a little complicated because there's pinball there's there's food there's you know beer there's non-alcoholic drinks matcha we have a cappuccino machine so we're trying to do something different downtown I don't want to be a bar that's for sure I've said that since day one so I think one of the things that that I've heard over these meetings is that you know hours of operation are we we see nothing good happens after midnight I I hope I'm not open late to be honest yeah but I I don't blame you from a business standpoint if there's an opportunity because something is positive and you want to be open those hours if all of a sudden you know we know what's happening with our breakfast restaurant downtown is struggling right now up and and sometimes close for almost a month but if you had an opportunity to help that part of it you know it might be a market for you right you know and it might be something that that we need and those type of things I think we've all talked about we need it's just you know when it came into the you know we we know what's happening with our bars sure I'm aware of that actually recently I didn't realize that this big deal downtown to to happen with you and I mean we're hearing it from a lot of citizens I am too now and that you know we want to try to clean that up and you know and then obviously on the day that that we were talking about it last time it was a bust yeah and it's not again not to put that on you right but it just didn't you know sure go through it so you know that's that's why I think I feel the council's struggling in a a positive and a tough way and that's why you know because again to Mrs Barnaby's point to answer maybe something for Mrs Moore it's once we do this you got it right we can't come and say oh unless you do something illegal you know again I am a tenant so I don't know I I don't understand what you guys are coming with the closing P portion but yeah I mean if I'm closed I'm you know I I just open up somewhere else or whatever but yeah then whoever is it's rent it to that I'm sure the special use wouldn't carry over to the next tenant so you know not if it's 30 days right right or most things are a year right you know 12 I hope to be here 10 years or longer so yeah so all right any questions yes sir some legal inquiry from on this subject regarding whether the special use runs with the land what's interesting is um uh we've heard the speaker speak about being a tenant and I don't know if the application was put in by the tenant for the special use or the land of the owner of the property it was the owner was was the owner I remember it being my question is does the vest you know there is a right does it transfer to the owner so he can sell it to someone else with the same special condition does it run with the land thereafter yeah the the answer is yes we always require the property owner to um to submit the application and the development approval would run with land so it could go from tenant to tenant as long as the obviously the any conditions that were imposed would continue to apply I have a question then yes for uh Mr ril well then how does that 30 days that they were discussing does that mean 30 days but it doesn't really matter because it's going to stay on there no not necessarily it just means that if there was a turnover and the owner wanted to keep the amusement Center use they'd have to make sure that there wasn't a 30-day Gap that sounds like a okay so let me see so if it if the right vest with the property owner who isn't here today and this particular le le lur Lei excuse me decides that it's not viable and I'm going to back out and do something else then the property owner can get another individual and say you have to comport and comply with these terms so you could put that sign up there assuming it's a legal sign under Aiden ordinance that says amus m center and someone we don't even know comes in and has to abide by these conditions but they have an amusement Center I've seen some amusement centers on 14th Street on Cortez Road I don't think we want an amusement Center downtown I got a little bit of a problem with the transferability and flexibility of that and I don't even know if this particular Lei can agree to the 30-day stip stipulation of Abandonment of the special use right considering he isn't the applicant well um actually I do represent the owner as well I happen do we have a proxy that says that I do believe so I think I did fireal that yes he's in Europe right now so um yeah one of the things that that kind of came out of this now and you said you've had it for two years what's that you've had it for two years now yeah and had you operated in that two years no we filed permits back in J February of last year because I know there going through that process some other activities that got shut down in there I believe oh yes that was beforehand correct that was before you because after that happened which I wasn't aware of I was in Europe I came back and then I said let me take over this because what had happened is I had planned to do a pinball place there and I think somebody overheard my conversation decided to rent that and then do something we didn't know about correct correct yeah I we didn't I didn't know about it when I came back I said whoa what how this happened let me do this pinball let me do this the right way I don't know how that happened but yeah correct sorry yeah and that was on the owner letting it happen then he rented it out didn't know what yeah I mean the applicant applied or the tenant applied for something I guess I don't know to operate an a business but he put it in there yeah he rented it no you know I think it was they were I think night it was open but the paper was on the window and it was yeah it was rented out I think they were going to do a vape shop or something and then next thing you know he did what he did and and we asked him didn't you get a license or anything like that I I unfortunately don't know that much about that that no other tenants left building they were in next door because of the the issues that were happening right right yes ma'am I'm sorry I I want to make the owner of the building isn't it Woody that owns Robert Robert Wood ring that owns building both buildings correct not the gentleman that was here the last time with you no that's that's my partner that's make sure we're keeping all that he's the one doing the um uh Puerto Rican coffee that he'll he'll be doing the capuccino machine in the cafe and he he's the food guy and he wants to do this amazing menu that people are going line up for so I you know yeah we're combining forces pinball Cafe in order to pay rent okay Mrs Mo um so just to clarify the 30 days um because I think that that's really the only way that we get a second bite of the Apple the the special use runs with the land but we can add a condition that says that if an an amusement center is closed for 30 days the special use permit is revoked and we can do that here now without can we just do that can we just say we're going to you know let the vote be that do we need applicant our property owners agreement to add that condition we do we need the applicant to agree to that at the end of the day it's their application and so if they want it to just be voted up or down without adding that stipulation they can do that so it's up to them to yeah agree so on that point I got another concern but it that sounds like it could be workable have we looked at the legal sufficiency regarding the proxy because the speaker said he's he repres presents the owner from what I understand and I don't know if that is just what he believes or whether there's been a review of his authority to represent the owner written documentation there too and any consideration of other issues to start with secondly if he does represent the owner can we put a provision in there about the 30-day abandonment not being assignable so that it can be basically assign thereafter to another individual operator because that would take care of another another individual coming in trying to use the same special use yeah I I'm not sure typically we do require um an agent authorization form to be executed um if if somebody is going to be here so I I'll have to either look in the agenda packet or or ask planning staff what we've got as far as the uh I felt was I felt that was fill out but I might be wrong like you know yeah that's the agent it's in the application part of the appli so it is he does have the authority to who's the individual that's designated in the agent application form is it this particular person that's the thing I don't think you have huh your name on it oh and the application actually came in under Mr oh we didn't do the agent yeah okay which Council was it well and and name of agent was oh he but himself that's Robert yeah okay okay so then the answer would be no ex may I just yes ma'am is the concern the amusement or is the concern the lounge that has been withdrawn how much is how important and this is a question like you know for discussion purposes how important do we find the 30-day suggestion well I I my the reason I wanted a time frame because in in my years on the council and and you know we approved something in your ward um that was a mechanic shop and it was a three to2 vote to approve it and I was on the the approval side because I felt like in that area there was an opportunity that the market would correct itself if it didn't or the property would sit abandoned so but it would I didn't know we could adjust that so it was 12 months well the pro it's it's adjusted it's not a Car Lot anymore but for 12 months they tried to sell it as a car lot you know or lease it as a car lot and now it's a very nice Boutique uh reclaimed you know right there past Aura on that side where but at the moment there was nothing going in there so you know I just think that my my reason for time frames is that if it shuts down and somebody else wants to come in but they're think they get more money from something else they'll let it sit for that time frame and I think we you know there's some cities out there that that you can't be shuttered for that long on certain you know you you can't have paper on your window for years and years and years and we're trying to look into that but I wanted to wait till after our strategic plan came through and give some ideas I don't believe our strategic plan's going to say open 10 more bars on Main Street you know they're going to give us some ideas on and then we have to decide what that next step is and we know restaurants um bars I mean some people out there try to make you know the name of a a establishment that it's a bar but we want restaurants that are you know um bringing people to our town and they may serve alcohol and that's okay I'm not against that but just a all day bar is not what this city wants anymore and I'm confident that the citizens will want that and they say it I agree uh yes ma'am I'm just looking at the application here and I'm looking at the authorization form and it says Robert woodrig ring authorizes Robert Wood ring as the agent right yeah yeah we already cleared yeah I was not on there we had talked about it I thought we did submit but because I thought I where does that leave us because he can't agree to any of these stipulations is it possible to conditionally approve it subject to the approval of those conditions by Mr woodrig later on no I mean this is a qua judicial hearing he needs to be here and sir have it on the record Miss Coachman I respect your tenacity but it sounds like you're going to have to hang in there with us a little bit longer because I agree with the 30-day stipulation but legally you can't say yay or nay with that may I yes ma'am um I don't know I I I don't I think we're conflating what we're what's before us so I I like the 30 days um but also reassured that we're not here for the lounge anymore so we have you know to the extent that it the tide starts to turn and it becomes that I and from my viewpoint we have another bite of that Apple because for if it starts to look a little like a bar he has to come the property owner has to come before us again to ask for the Lou am I if and please correct me if I'm not saying something legally accurate but I believe that they have to come before us for the lounge component again um so as far as the amusement Center goes would I you know I I would I think that our goal is just to make sure that the behavior is what you're representing and that it stays that way um but at this point I think that we've probably fleshed it out as much as we can and and now that we don't have the lounge before us they cannot be a bar they now can only be an amusement Center I don't know what kind of what other kind of use I would be concerned about if it wasn't him other you know short of being shuttered and being vacant that would be something I would not that would be an undesirable outcome but as far as some rotation of the use I don't know what I like what are we looking at is the concern of someone else operating the amusement Center Mrs Coachman I'm with you with that um that is the concern that I have um but it sounds like like if we can have this additional stipulation that may give us some secure feeling what it really boil boils down to is you've made a lot of concessions it seems um trying to meet our needs I mean I would like for you to look at midnight instead of 2: am but that's I won't throw that wrench in here right now but um basically we would then have to do our due diligence and make sure right but what I what I'm concerned with what I've heard now especially from the legal standpoint is I don't know how he can agree to any of this right now because he doesn't have the authority to agree 1 through n and if we add 10 it's you know so I don't know is that a mute point Mr rudisel yeah I mean I'm just looking in the record here and we we don't have anything in the record that reflects that the applicant has agreed to any of the stipulations which I'm sorry I mean I that maybe that should have came up sooner but but coming to that I don't barring that that to to approve or deny today you know we don't know what the owner would agree to any of them or the the applicant Mr Perry just to close it out um from my perspective I have talked with a lot of the counselors and what's come out today has been the concerns I I think this particular individual has come down here and shown really good faith and he does have tenacity and there's a certain Comfort level with some of these representations and if they don't come to fruition um we do have code enforcement we have the police and other types of folks that can deal with that we don't want to have to go in that direction but but we could if necessary my concern is that frankly that the the use gets transmutated from this individual to another individual and that that use can be trans transmutated and transferred by the owner and and that we should have a Prohibition that it can't be transferred because what I see when when I hear Amusement Center is in my mind I get this vision of this thing that says Amusement arcade on a nondescript building in neon lights with no windows and they're all over Manatee County and if you really want that on Main Street that's kind of a weird deal in my opinion so I think we have to legally protect against that the conditions are good the applicant that's before us right now not the legal applicant but the speaker applicant um I think we you know in speaking with Council I think that there's a certain degree of trust and and and and credibility but I think that those uh uncertainties and restrictions need to be included in it where woody Mr woodriff who is the applicant understands that if we Grant you Mr Woodruff as the property owner these special uses if you don't use them after 30 days they're gone if you try to do something and transmutate the use to the arcade and call it Amusement Center we're going to challenge it and and and that type of thing we're protecting our citizens our community and our Main Street against those type of legal wranglings in my opinion well you brought up something that made me think of it again and and which you didn't know about or you found out about it he already did it once Mr wood he already or what what already did it once with whether it was him or he gave it to somebody El else but it was an illegal gaming place there that we had to shut down and you know how hard they are to shut down and all the investigations you have to do so I don't know if that can you know I mean it's maybe right or wrong but Mr rudisell yeah Mr Mayor the the concern from a legal standpoint and I and I do understand what I understand the concerns of the council and what Mr Perry is saying when we're applying a land use approval we're looking at the proposed use being applied to the criteria that we have in our code and so we can't base it on who the user is what we can do is we can describe the use and limit it such that we know what it's going to be and so that it can't convert to the other types of uses that we might be concerned about um but we can't we can't base it on who that user is um so I think I mean there are some things in here that in in the stipulations that um that would provide some of that you know if we could you know tie it I mean we do have for example there's language in there that says it'll only be pinball and video games and it won't be Sim simulated gambling um if there are other concerns we can we can try to really nail down um what the proposed use is without without trying to without trying to tie it to the user um so I think at this point the options are probably you know either we voted up or down today based on the proposed use with no stipulations or and nobody wants to do this but we'd have to continue it again and get updated um agent authorization forms if the council thinks that the use with conditions is something that that could be approved Miss Barnaby Mr R so my question is this since Mr Woodward signed as the agent but he has not attended one of these meetings how do we know that he is even aware of these conditions we don't well that's exactly right I mean that's why we would need to continue this and get proper agent authorization on the record that would say the agent authorization would say the lece is authorized to pursue this application on my behalf mayor for Mr R for purposes of today does this individual even have legal Authority and efficacy to agree to a continuance since he's not listed on it um I think if the council wanted to approve a continuance that doesn't uh you know well one of the things you said Mr rudel and and and I kind of agree with it but I also you know if this Council wasn't trying to be um understanding listening doing things we wouldn't be here for the third time right so it would be just up or down and move on from there um I just think that you know because of what we found out today that maybe we should continue it to our last meeting in May and that gives plenty of time for I would just get added to the as an agent just do the paperwork I saw the paperwork I thought we filled it out maybe just something happened but we discussed it because he knew he couldn't make these meetings so I said well I'll represent you so should we open the public comment ask if anybody's here and then continue it to May 22nd if if that's the desire coun counil all right all right let's let's go thank you let's open the public comment anyone wishing to speak anyone wishing to speak anyone wishing to speak hearing none we'll close the public comment chair will entertain is it do we need a motion for that or just a continuance yes it's a it' be a motion to continue continue to the May 22nd meeting are we not having an eth meeting May May 22nd okay the second meeting of yeah okay yeah motion to continue to May 22nd to May 22nd thank you all right so we have a motion in a second um any further discussion hearing none we'll um start the vote inward three yes four yes five yes one yes two yes okay we'll continue this 5 to zero to the May 22nd meeting all right thank you Mr Perry mayor council I'm at the podium on uh item number 8A which is the second note modification agreement between the city of Bradon and Florida cultural group uh the package includes some the paperwork associated with this I did have the opportunity to brief all the counselors each of them had questions about this um I I think everybody's pretty familiar with um with the Florida cultural group um also known as the players and Miss Janine is behind me and uh they have a note that the city basically had provided funding uh for purchases of some property for this project several years ago and we are in the process of trying to extend that note to allow um the the uh cultural group to do property development there um and basically try to maximize the highest and best use of their property repay the note I'd also point out that the provisions require and um Janine has agreed to bre basically be completely current and actually pay next year's payment of interest on it it is an interest bearing note so we do earn interest on it and uh Janine agreed to basically uh pay next year's payment in full um in advance and so it's a 2-year extension I think with market conditions right now with some of the cool stuff they're doing over there some of the potential um it's probably a good business decision to do for sure um I I certainly think that that uh the cultural group takes the legal obligation seriously they've acted in good faith and then s forbearance or extension is warranted and I'll let Janine make any comments she wants to say without getting into great detail because of the time and we just appreciate the opportunity and know that we want to make sure every council person knows that we are doing our due diligence to find the highest and best use for the property across the street any questions yes ma'am um I I appreciate you saying that we're now we're committed to being current um but I think that the I think that paragraph two of the modification would have to be revised because it references unpaid interest due the last sentence of paragraph 2 references having an outstanding balance of interest and that calculation make I mean that makes the calculation for the total amount due the balance on June 30 2026 I don't think that's correct if we start with having an out an outstanding balance of 23,000 so I I I think it's great that we're going to come current and we're going to pay the year in advance but I think that this paragraph needs to it maybe in the very least just to leite the lons I'm not completely following mayor councilwoman Gonzalez Moore I can show you if you could just yeah so are we saying that the so there's a line that says the the acred unpaid interest due on the Note as of the effective date is 23,000 we're saying that's not accurate that's been paid now well I don't think it has been paid but I understand that this is the you know the commitment is to make that payment as well as this coming Year's interest payment so that at at execution they're they're paid through their interest payments through 2020 I mean I guess June 2025 is that right so that there's really just one more interest payment right no she's shaking her head she's shaking her head no well there's two there's two but they would pay one in Dan so I don't know how you want to look at that there's two I'm not sure if you're thinking that the math is incorrect because the AAR basically and that there would be an additional interest on that is that what you're saying yes well and I mean as written so I know that they're going to make the payment so it's not going to happen that way but as written yes the math is not correct because there's an outstanding balance of interest that presumably would be added to principal and then interest would be calculated on top of that I see so what we're talking about is 2% interest on 23,000 that is uh would have a period of of whatever months that that that that was due is that correct that is what I understand yeah so I think 2% on 23,000 so but let's let's I think what we can do is we can correct that and then the balance would be correct for the going forward sure and just to explain yeah explain the prior agreement was this year as um some economic development opportunities for the property used came in um Janine came to us and said can I make quarterly payments and I said yeah but you will have to make the quarterly payments which she did out of those quarterly payments two basically would had to be delayed and that's basically the arear that's that they're in there the total annual agreement with interest is 46,000 and some change every year and so they basically paid half that moving forward they're going to pay the the the the the 23,000 that's in the re plus next year's interest ahead so there could be 2% due for a portion of a year now we got and I've just been given a check for 6 69,000 I I I think it's a fairly di Minimus amount yeah my my only point was that I think we should delete the last sentence of paragraph two that's it because this now we there is no balance there is no 23,000 as of right now okay but that it literally just says the acred unpaid interest due on the Note as of the effective date is 23,000 which represent unpaid and due interest from a portion of 2023 that's not true anymore got it so we should just delete that well my M math says if you add that up it's 69,000 and this letter says that I just got a check for 69,000 so I'm if you want me to go back and do some math I will I don't think you just tell me which way you want me to do it I think the the council can approve I mean we have the gist that it is uh a two-year extension with interest payments to be made by anually and I think we can approve that with and authorize uh legal counsel to correct the the document as needed all right so is there motion to make a motion that we approve the request as brought forward to us with legal council looking to make sure that everything is up to Snuff how's that I'll second that all right all right any further discussion hearing none we'll start the vote and award four yes five yes one yes two yes three yes carries five to zero thank you and we're looking forward to uh very exciting things over there check stays there keep it we appreciate it we look forward to being yeah thank you for the record I will turn over the proceeds clerk city cler thank you all right Mr Perry any unfinish real briefly um we're going to be doing some midyear adjustment requests coming up um at at the next meeting we do this every year there's going to be a significant budget request that deals with um operations training and and scientific testing basically for our water program both pable water and uh also also the uh wastewater treatment and so we'll be explaining that in more detail as we move forward but I just wanted to let you know that um we have to make an investment that investment deals with the future there's two piece uh two two major components regarding our our water program water and sore of course as I've said it's a $30 million a year annual budget um that generates Revenue um the profitability and margins are pretty good on it uh as it covers the cost and and capital and things like that but there's also components that deal with the Personnel piece the training the scientist uh requirements that are necessary for reportable um water testing as well as quantitative reactive testing to let us know what the levels are and so we need to do a better job at that in my opinion I think that's contributed we've all learned a little bit about how that has contributed to some of the deficiencies we've seen so I'll explain that more in depth but I wanted to approach the subject now no action needed right and I think one of the things that hopefully the public gets is some of these infrastructure things are older and we are looking towards making sure that we are maintaining them at the level they need to be at as well as looking towards the future of what will have to be maintained a little bit better than in the past and obviously when Bill Evers in the 80s and early 90s did the water treatment system and some of the the things that were done were great but they're getting a little older now we got to make sure that we're maintaining them at the right level with the right staff and you know hopefully with with the uh Public Works director that comes in and even EPA rules have changed changed some of that infrastructure not being effective because we had a transport you know the operations from a non non-corrosive reactive type of system to something that can tolerate that there's it's a very complex complex and if you drive by our water treatment plan on 301 you see a lot of stuff going on and that stuff doesn't happen overnight to begin right and it's been going on for a while now let's keep it moving yeah and we're going to continue to keep you all up to speed and probably do some tours of that and when you walk out there and you see valves that are the size of my you know arm reach 72 inch type valves it's carrying millions of gallons per day the processing is very very complex science biology chemistry and the like and I think it helps you guys to know it at a certain level you're policy makers for sure and I understand that you don't do that for a living I don't do it for a living we have people that do but uh to to talk Lucy goosey off the off the cuff about it sometimes is uh is probably not productive to the public benefit all right thank you Mr any questions for Mr Perry thank thank you um as we talked obviously we want to try to get out to a great event happening today for our children and Kanas and our partnership with Kanas as much as we do so does anyone have anything as far as Council report that burning desire to get done before today well I miss miss Coachman well I can wait for our next meeting to go in depth um but I did have the opportunity to attend the last um Bron Housing Authority meeting it was a lot of good stuff but in due to time I'll save it for next okay good all right and the one thing that I just want to bring up is I met with uh Tropicana Representatives which obviously we know how Tropicana has kind of come back when they're out of the PepsiCo part of it and they're really doing a lot more local things and the staff that's here has always been local but they were having to really be the the small piece of PepsiCo and but now they're bringing back and they do some programming during the summer where they Supply two drivers and two Vans to feed um children you know with the school district so they really work on it um one of the things that you know it's not an an event where it's like we have to go through the public events committee and do all of that but they would just like to be able to continue um feeding the children that are on the Rossy park because it's a you know um and the splash pad more than anything at that time and what they do is between 11: and 2 they go to three different locations so it may be one day at 11: and they're there for a little while just giving out food to the kids and they eat it right there because they want to see the nutrition getting into the the children that are there and they do it at schools they do it other places and so it it really isn't something it's been being done for years um they just wanted I just thought was important to bring up if you know it's not where we're going food trucks and all that they have a school bus with some Bag lunches and give it to the kids I me Monday it might be at 11: Tuesday it might be at 1 you know but they do it Monday through Friday and um what I talk and I talked with our chief um is is and maybe we get with the fire department when we know they're going to be out there on some days we're kind of out there Rah ring with the kids it's not a police you know to to monitor it it's not a fire to monitor it it's more being out there there to say hey engage the kids um because most of them are probably going to be elementary school kids more than anything with their parents so and that was one of the things Mr Perry that when you and I met with the Knight foundation and the Community Foundation last week that Lily who is the main person for the night foundation and we are one of 26 night Ritter cities which the only thing you'll see in the future is that going backwards because you had to be a paper when they created that so we will always be that nobody else can be it but one of them and so there's there's a pool of money that you know they're willing to do when you do those collaborations and those type of things so it was interesting to learn um and they have three pools of money but Knight um foundation with the 26 cities is something they're I think gearing back up again and that's what they did about 10 15 years ago so we're interested in seeing that but it's just kind of food for thought they're going to be out there that kind of pun on words but they're going to be out there with those children and and it might be good as we find out the timing that any of us go out there and you know Rah with it so Touch a Truck maybe bring one of our do things there and just I think it's something good to engage and and you know it's they get there at 11: and they're probably gone by 11:30 you know or you know something in that because they got to get to the next place by 12 and they rotate around and one of the requirements is that they watch the kids or see the kids start to eat the food because they don't want it going home and not getting to the kids and and because we know you know especially those that need us the most you know don't always have a meal for two or three days and I think it was important so um appreciate that that's all I have any quick department heads anything specific all right hearing none we'll be adjourned e