[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:00] Meeting at the BKFC Council to order the time of six o'clock. With us today, we have Council Member Reber, Willet, and Hight, and myself. Mayor Protem Clark, absent, is Council Member Hold and Mayor King. So, we do have a quorum. We'll go ahead and said pledge allegiance.
[0:40] Let's see. I know that the recognition and moment of silence quickly, I will recognize that.
[0:52] Scott Payton has a work in a two-year work anniversary tomorrow on the 26th, and Mr. Kevin
[1:00] Saltel was four-year anniversary will be on May 6th, so thank both of them for their service.
[1:07] I guess do the one of them is in here.
[1:10] That's okay.
[1:13] And then, if we will, we'll take a moment of silence.
[1:29] Okay.
[1:30] to address the council concerning an issue of community interest that is not on the agenda.
[1:34] Comments on the agenda items must be made when the agenda item comes before the council.
[1:39] Any deliberation of the issue is limited to a proposal to place it on the agenda for a later meeting.
[1:44] Citizens will have up to three minutes, but I don't have anybody signed up.
[1:49] Is there anybody in the audience that would like to make a comment?
[1:55] We all
[1:57] see staff comments.
[2:00] Do we have any?
[2:01] I don't believe we do.
[2:02] No, person.
[2:03] All right.
[2:04] Good.
[2:06] Go ahead.
[2:07] Go ahead.
[2:09] Go ahead.
[2:11] All right.
[2:14] So I'm very delighted to say that we finally became a dark sky community.
[2:19] It's official.
[2:20] It's something that we've been working on since October 2018.
[2:26] And it's just something that shows that we're committed to preserving the night sky.
[2:31] And hopefully in the future we can host events and have people, you know, recognize that there's something beautiful and big cave in our night sky.
[2:41] Thank you.
[2:43] Council, you know, when we got plenty of press coverage after getting the designation.
[2:50] And there are so few communities in the United States that do it that I'm convinced.
[2:55] It's not so much that it's difficult to comply with that the application process is so tedious
[3:01] and the ordinance changes required are incredibly difficult.
[3:05] I don't think I've given Amanda enough recognition for what it took to push that thing through.
[3:09] And when she walked in the door, it may have been the second thing Megan gave her.
[3:12] So I just want to thank Amanda for the efforts.
[3:15] And the rest of the planning and development crew, but that was a tall hurdle.
[3:19] And I didn't realize it until I saw that like nine cities in the entire state are darks of us.
[3:24] Well, thank you very much that that is neat and I'm glad that you saw it through to the end.
[3:33] All right, set it.
[3:35] Okay, moving on to the consent agenda.
[3:39] All the consent agenda items are considered routine by the city council and will be enacted by one motion.
[3:46] There will be no separate discussion of these items unless a council member request the item on the agenda.
[3:53] Okay, information concerning consent agenda items is available for public view.
[3:59] I consider approval of the minutes of the regular session conducted on April 11th, 2023.
[4:04] Consider approval of the Library Annual Report, and consider approval of a
[4:09] Proclamation for Air Quality Awareness for the week of May 1st through May 5th, 2023.
[4:16] I'm going to do a print.
[4:21] First in a second, any additional discussion?
[4:23] I'll in favour?
[4:25] Hi.
[4:26] Any opposed?
[4:28] Great.
[4:34] Item eight.
[4:34] Discuss and consider pointing
[4:36] Rebecca and I'm going to get the last name wrong.
[4:40] So forgive me.
[4:42] Rebecca?
[4:43] Yes.
[4:46] Oh, is it Jaime Jaime?
[4:49] Jaime.
[4:50] As deputy city secretaries?
[4:54] I'm assuming it's a planner.
[4:55] Okay.
[4:55] I think that when I initially ask Kaylann about adding deputies is when Reggie left through
[5:03] the Travis County and there was a bit of a gap there, Rebecca's in the meetings anyway,
[5:08] I think that personally I want Kaylann's life to be as easy as possible, and so adding
[5:12] the deputies would provide coverage for planning and zoning meetings as well as city council
[5:17] and that Kaylann's been working with both Crystal and Rebecca just getting them ready to go
[5:21] and we just need to formalize
[5:24] it.
[5:25] to approve.
[5:27] Second.
[5:28] Any additional discussion?
[5:32] All in favour?
[5:33] Aye.
[5:33] Any opposed?
[5:35] Passes unanimously.
[5:39] Okay.
[5:40] So number nine.
[5:42] We have a public hearing discussion and possible action on ordinance number 507.
[5:46] Authorizing amendment to ordinance 454, a conditional use permit for kennels and veterinarian
[5:53] in Dorendenals located at 15839 West State Highway 71 B.C. of Texas.
[6:01] So do we let you want to go first and then we'll open the public hearing. Is that perfect?
[6:08] Thank you. So this property is along a State Highway 71 right across from
[6:18] A little bit of background on this property.
[6:22] It's 2.75 acre property and it's actually within our ETAJ.
[6:28] It's within the Mason Wood amended and recated development agreement,
[6:33] which required this property to get a CUP back in May of 2021.
[6:38] This was approved by City Council with ordinance 454,
[6:42] and it permitted kennel and veterinary indoor kennel
[6:46] with certain conditions.
[6:49] The applicant has come forward to the city
[6:50] to request an amendment to condition 13 specifically,
[6:55] which dealt with the exercise yards.
[6:59] This condition stated that the exercise yards
[7:03] for the kennel and the veterinary,
[7:05] shelving clothes and screened by Masonry Walls
[7:09] depicted in the concept plan. As you can see right here, highlighted in yellow, these are the
[7:19] fence for the exercise yards that we're talking about for this amendment. Next slide. Within that
[7:27] CUP, it had approved a fence approximately five feet in height and constructed up the same material
[7:34] as the building, which is limestone next slide.
[7:40] Ordnance 454 permitted the applicant to construct this yard with the
[7:45] prove materials. And so with this amendment, the applicant is asking for an
[7:49] additional three feet. So I'd bring that fence up to eight feet with two feet, four
[7:57] inches being born and then at the top, as you can see in this image, and then five feet,
[8:02] inches of stone wall. So it does make their original intent of the last CUP was required
[8:09] it to be made of lime stone for that five feet. Next slide. So the planning and zoning commission
[8:17] did vote to approve this ordinance and staff is recommending approval with the ordinance as well.
[8:24] And the applicant is here if you have any questions.
[8:30] I guess at this point we will
[8:32] open the public hearing and the time is 608. Is there anybody wishing to speak?
[8:41] Seeing none, we will close the public hearing at 609 and open it up to...
[8:49] Just gonna have a comment. This seems to make total sense to me. I have a cousin.
[8:54] It was in North Austin as a German shepherd and they have a six foot fence around their backyard
[8:59] And the German Shepherd regularly clears it if he sees an all-locking.
[9:03] And so if any kind of big dog, but the jumping strike that, I mean, I think it's one of the least six feet high.
[9:09] The eight, the proposal seemed reasonable to me.
[9:13] And I think the material being added look very nice, it gives a little contrast.
[9:21] I moved to approve.
[9:22] Second.
[9:23] Great.
[9:24] Having first and second, any further discussion?
[9:28] Great, all in favour?
[9:29] Okay.
[9:30] Any opposed?
[9:32] Estonably.
[9:33] All right.
[9:35] And moving on to item number 10,
[9:39] Update from Council Member Reber on the Travis County Citizens Board,
[9:45] Bond Advisory Commission's Update Room.
[9:48] Let me start over.
[9:49] Update from Council Member Reber on the Travis County Citizens Bond Advisory Commission's progress.
[9:54] And I'm going to give council member a pass today, but only mention unless anybody else is anything to say that they're actually going to be holding one of their outreach meetings here in BKV on Wednesday, May 3 from 6 p.m. to 8 p.m.
[10:16] And so that'll be a great opportunity for folks around here to come and listen and and that's going to be led by Commissioner Howard.
[10:27] Thank you. So I would encourage everybody to come.
[10:31] And I'm sure soon, Council member Reber will be able to give us a better update, but at this point, just thank you for continuing to serve on that committee.
[10:42] So, that, anything else, anybody else?
[10:46] Okay. All right. On to number 11 discussing
[10:49] consider action on a chapter 380 grant agreement
[10:53] between Kent Sports Holdings LP, THC mall
[10:57] sports and the city of B.K.
[11:02] Sorry about that. Council, in your backup you have,
[11:06] excuse me, a 380 agreement that we've used inside council
[11:10] and outside council to help develop with the property owner
[11:14] between the backyard and 71, it's Jeff Kent, you all are familiar with the property.
[11:19] We've had previous discussions about Willie Way, as well as a parking lot easement that
[11:24] exist on the scag's property, as you know that parking lot easement has kept us from
[11:29] moving forward with the workforce housing RFP that you authorized over a year ago.
[11:35] Over the weekend, we finished the agreement.
[11:37] You all got a couple of different copies from me.
[11:40] The copy and backup is the updated version.
[11:43] the total amount requested or cost for the city is $3,250,000.
[11:50] Some of that is payable upfront with acquisition of easements or right-of-way reservations.
[11:56] The remainder is broken up into four payments on a sort of a progress schedule
[12:01] where their engineer will certify that construction is a certain percent complete.
[12:07] Our staff will review it to that sign-off on the completion percentage
[12:11] and then we'll issue the payments for that.
[12:14] I can answer any questions you'll have about it.
[12:16] I think that all legal counsel that worked on it is in the room,
[12:20] so we can pick it apart as much as you want to want.
[12:23] One question that came up after a Jenna Posting was,
[12:26] when it's one week's that construction, it would say soon,
[12:30] there's some preliminary design work has been done,
[12:32] but I think that they have put some of that on hold
[12:34] just waiting on this agreement to get approved the rest of the way.
[12:38] Can I make a supplement to that?
[12:42] Yes, please.
[12:43] The agreement that you have has a couple of legislative blanks in it, because it's a matter
[12:52] of timing, when certain things will be done.
[12:55] If the council is inclined to grant it, actually believe the most efficient way to do
[13:03] is that you approve the essential terms of the contract and authorize a client to sign it once
[13:11] those blinds are filled in by the other party. That way we're not signed as something before,
[13:16] you know, everything we have talked about and agreed to comes to fruition.
[13:24] Excuse me?
[13:25] It's, you know, she signs all contracts, right? Or do you sign all this?
[13:30] Whoever, it depends on who council authorizes. Okay, so they can either authorize me or
[13:34] you can to execute under your.
[13:37] All right. Well, I suggest the motion be either one of you.
[13:42] And then.
[13:45] Quicker.
[13:46] Just make the motion to approve the central terms and authorize the mayor and or city manager to sign.
[13:55] And just so the council is aware,
[13:58] I guess there are some intended tie-ins to come back with EDC or EDB and a couple of things.
[14:04] I'm going to request it to Council consider or allow me to bring back a resolution that kind
[14:10] of talks about the authorizations for the payments, the scheduled payments, do again
[14:17] also authorize a city manager at certain key points to make sure that way they're not constantly
[14:21] coming back to Council when they've hit their proper marks.
[14:25] But I would prefer that to be more formalized in a resolution.
[14:29] And the resolution that ran in that conversation about the resolution, there will be an agreement between you all and the development corporation.
[14:38] The development corporation has budgeted the funds for this project.
[14:42] We just need to obviously, the agreement is with the cities, but we'll have the DC reimburse the city for any expenses related to the road.
[14:54] I don't have any questions, I'm just glad we're finally at this point.
[14:58] And there was a lot of...
[15:00] Support from attorneys on this one. I really appreciate the efforts.
[15:04] I share the view on that one moving forward. It is a matter of principle. I dislike three-eighties.
[15:09] I wish we didn't have to do them, but I also wish I didn't have to pay as much in taxes as so.
[15:12] Some people are there for purpose.
[15:16] A lot of times you don't. You wish you didn't have to pay as much for your attorneys either.
[15:19] But we help out when we need to thank you.
[15:21] I really did. Sometimes you wish you would be paid more.
[15:26] The way you phrase that it was support from attorneys.
[15:36] I'll make a motion that we approve the chapter 38 agreement to incant sports, holdings, and there are other related parties, and authorizes either the mayor or the C manager to sign off when it's complete.
[15:54] Okay.
[15:55] First and second.
[15:55] Further discussion.
[15:57] All of us in favor.
[15:58] Thank you.
[15:59] Any opposed?
[16:01] Passage unanimously.
[16:03] Okay, on to out of 12, discussing, consider action on new legislative bills filed.
[16:08] I'm just trying to remember.
[16:14] I sent the council an update over the weekend with, you know,
[16:19] this is about the time where things start moving a little bit faster.
[16:23] Bill will drop off, but the ones that have pick up steam are picking up steam.
[16:30] So, the one that actually kind of pointed out just to be aware of, I meant to write down the number.
[16:39] I can't remember which one it is.
[16:40] It's on the list.
[16:41] I think it's the first one I listed.
[16:43] It would actually make civil service protection for police and fire mandatory for your cities that already have it.
[16:51] which can significantly kind of change
[16:53] where how your police are organized.
[16:58] For small cities, it doesn't make nearly what sense,
[17:02] but that's what the bill does.
[17:04] So just be aware of that, the update on some of the others
[17:09] kind of remains the same, I'm happy to answer any questions
[17:12] that you may have on the list,
[17:14] but I know that,
[17:19] Mayor King will sometimes go to the legislature or give comments, but I don't want to waste your time if you don't have any questions.
[17:29] On those legislative updates.
[17:33] I forget which one is.
[17:35] The most one that prohibits cities from using lobbyists.
[17:39] Is that still moving forward?
[17:42] They're actually a handful of them.
[17:43] I talked to TML directly.
[17:45] the current one that has steam has a committee amendment that allows member,
[17:53] it allows you to belong to TML and it allows certain aspects from TML, the key
[18:00] component is just whether or not TML can utilize funds you give them for any lobbying
[18:06] purposes. And so that's one of the things that TML is still working on at the legislature.
[18:13] Is
[18:18] the amendment specific to TML or would it be any sort of organization of cities?
[18:26] It's-
[18:27] Or counties or whatever it is.
[18:28] From my understanding, it's TML or TML like.
[18:38] That's in this apartment, we don't really need any action, do we?
[18:41] No, sir, it's just an update.
[18:44] So is anything else?
[18:46] Okay.
[18:47] Thank you.
[18:47] Keep an eye on those.
[18:50] All right.
[18:50] So, that brings us to the end of our regular meeting and I will open executive session in accordance with Texas Government Code section 551.072, deliberation regarding real property and section 551.071, consultation with the attorney regarding pending or contemplative litigation or settlement offer, or on any matters in which the attorney has a duty to the city under the Texas disciplinary rules of professional conduct.
[19:19] that clearly conflicts with the provisions of the open meetings law.
[19:25] A quorum of the City Council will be present for executive session,
[19:29] subsection A, deliberation regarding potential acquisition of real property for public
[19:33] purposes, and B consultation with the attorney regarding pending litigation
[19:37] style citizens for preservation of the Brown property, B city of B.
[20:49] That's why it's a good meaning.
[20:51] OK.
[1:01:51] Okay, we are back in open session to 702 and I don't believe we have any action from executive sessions, so I will entertain
[1:02:01] most to adjourn.
[1:02:02] Good to adjourn.
[1:02:04] All in favour?
[1:02:05] Aye.
[1:02:05] Aye.
[1:02:05] Any opposed?
[1:02:07] All right.
[1:02:08] We're done.