CITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS SEPTEMBER 12, 20236:00PM  On September 12, 2023 at 6:00 p.m., Mayor Judy Eychner called the Kerrville City Council meeting to order in City Hall Council Chambers, 701 Main Street. Councilmember Jeff  Harris provided the invocation and led the Pledge of Allegiance.  COUNCILMEMBERS PRESENT: Judy Eychner, Mayor Roman Garcia, Councimember Place 1 Jeff Harris, Councimember Place 2 Joe Herring, Jr., Councimember Place 3 Brenda Hughes, Councimember Place 4 CITY EXECUTIVE STAFF: Kim Meismer, Interim City Manager Mike Hayes, City Attorney Michael Hornes, Asst City Manager Shelley McElhannon, City Secretary Stuart Barron, Exec Director PW & Eng Julie Behrens, Director Finance Jacob Bogusch, Director Finance Kyle Burow, Director Engineering  COUNCILMEMBER ABSENT:  None  Stuart Cunyus, Public Information Officer Megan Folkerts, Senior Management Analyst Guillermo Garcia, Exec Director Innovation Drew Paxton, Director of Planning/Zoning Trina Rodriguez, Asst Director Finance  Eric Maloney, Fire Chief Chris McCall, Police Chief  VISITORS PRESENT: A list of the citizen speakers present during the meeting is on file  in the City Secretary's Office for the required retention period. 1. ANNOUNCEMENTS OF COMMUNITY INTEREST:  Announcements of Community Interest provided by Stuart Cunyus, Shelley McElhannon, Councilmember Harris, Mayor Eychner, Councimember Brenda Hughes, and Councimember  Roman Garcia. 2. PRESENTATIONIS):  2A. Proclamation recognizing September 2023 as National Recovery month. Mayor Eychner presented a proclamation recognizing September 2023 as National Recovery month. Recovery Community Coalition members Randie Bennoand ChristaLovett, along with the Hill Country Drug and Alcohol Awareness representatives Abbie Allendale, Terri Medreno, 2B. Proclamation recognizing September 2023 as National Suicide Prevention month. Mayor Eychner presented a proclamation recognizing September 2023 as National Suicide Prevention month. Randie Benno, Dana Cardwell, JD Chavez, Terry Cicada, Lisa Cisneros, Joan Cortez, Nicole Cox, Maddie Dry, Kelly Falouce, Diana Gutierrez, Rob Hines, Maggie Mahoney, Paren Pierce, Julie Nelson, Diane Onteveriz, Kim Williamson, and Kelsi Wilmot 2C. Proclamation: League of Women Voters Hill Country Texas (LWVHCT) Citizen Program. Mayor Eychner honored and recognized the League of Women Voters Hill Country Texas (LWWHCT)Citizen Program, represented Lupita Barrera, Alicia Boyett, Clifton Fifer, Lila Flores,  Abbie Andrea Salazar, Phil Taylor, and Kim Williamson.  received the proclamation.    B.K. Gamble, Susana Gimson, Karen Mattox, Maggie Megee, Laurie Patterson, Kathy Lee Mayor Eychner announced speakers will have two minutes to speak during the visitors forum. At6:33 p.m., Councilmember Garcia declared' Point of Order" citing limiting speaker minutes.  Royde, Lois Shaw, Janice Silman, Virginia Young, and Janice Zitelman.  Mayor Eychner advised City Council to proceed forward to the item.  3. VISITORS FORUM: The following person(s) spoke:  Chae Spencer and Teresa Lara (Kerr United Against Sexual Exploitation, A Community Awareness Event on September 19, 2023, 6:00 p.m. Tivy High School).  Nikki Caines 4. CONSENT AGENDA:  Citizen George Baroody submitted a speaker request form to speak on items 4A and 4C. Councilmember Joe Herring, Jr. made a motion to approve 4B, 4D, 4E, and 4F, seconded 4B. Resolution No. 30-2023. A Resolution approving the budget for Kerr Emergency 9- 4D. Project Funding Agreement between the City of Kerrville, Texas Economic Improvement Corporations and the City of Kerrville, Texas, for the upsizing of the Travis  by Councimember Hughes. The motion passed 5-0.  1-1 Network for Fiscal Year 2024.  Street Pump Station (Water Utility).  4E. City Council workshop minutes, August 22, 2023. 4F. City Council meeting minutes, August 22, 2023.  END OF CONSENT AGENDA.  4A. Resolution No. 29-2023. A Resolution repealing Resolution No. 43-2021, which adopted a policy for setting the City's water and wastewater fees for Fiscal Years 2023  through 2026.  The following person(s) spoke: George Baroody  Julie Behrens and Stuart Barron provided information and responded to questions. Councimember Hughes made a motion to approve Resolution No. 29-2023, seconded by 4C. Administrative Services contract between the City of Kerrville and City of Kerrville,  Councilmember Herring. The motion passed 5-0. Texas Economic Improvement Corporation. Shelley McElhannon read item 4C caption into record. The following person(s) spoke: George Baroody  Michael Hornes and Stuart Barron provided information and responded to questions. Councimember Garcia made a motion to approve the Administrative Services contract between the City of Kerrville and the Kerrville Texas Economic Improvement Corporation with an amendment to strike Article 1, Section A. Mayor Eychner called for a second, with no  second forthcoming. Motion died for lack of second.    Councilmember Herring made a motion to approve the Administrative Services contract between the City of Kerrville and City of Kerrville, Texas Economic Improvement Corporation, seconded by Councilmember Harris. The motion passed 4-1 with Mayor Eychner, Councimember Harris, Councilmember Herring, and Councimember Hughes voting in  favor, and Councimember Garcia opposed.  5. PUBLIC HEARING AND ORDINANCES, FIRST READING:  5A. Ordinance No. 2023-22. An Ordinance changing the zoning of a property known as 202 Mack Hollimon Drive, consisting of Lot 1, Block 1, of the Oak Hollow Estates Addition, and within the City of Kerrville, Kerr County, Texas; from a Single-Family Residential Zoning District (R-1) to a Neighborhood Commercial Zoning District (C-1); and providing other  matters relating to the subject.  Shelley McElhannon read Ordinance No. 2023-22 caption into record. Drew Paxton provided information and responded to questions. Mayor Eychner opened the public hearing at 6:59 p.m. Mayor Eychner closed the public hearing at 6:59 p.m.  No person(s) spoke.  Councilmember Herring made a motion to approve Ordinance No. 2023-22 on first reading, 5B. Ordinance No. 2023-25. An Ordinance adopting the annual budget for the City of Kerrville, Texas, Fiscal Year 2024; providing appropriations for each City department and fund; containing a cumulative clause; and containing a savings and severability clause. Shelley McElhannon read Ordinance No. 2023-25 caption into record. Julie Behrens and Mike Hayes provided information and responded to questions. Mayor Eychner opened the public hearing at 7:02 p.m.  seconded by Councimember Hughes. The motion passed 5-0.  The following person(s) spoke: Peggy McKay George Baroody  Mayor Eychner closed the public hearing at 7:09 p.m.  Councimember Hughes made a motion to approve Ordinance No. 2023-25 to adopt the City's budget for Fiscal Year 2024 on first reading, seconded by Councimember Herring. The motion passed 4-1 with Mayor Eychner, Councimember Harris, Councimember Herring, and Councimember Hughes voting in favor, and Councimember Garcia opposed.  Roll call vote: Mayor Judy Eychner Councilmember Roman Garcia Councimember Jeff Harris Councilmember Joe Herring, Jr. Councimember Brenda Hughes  In Favor Opposed X X X X  X  Councilmember Herring made a motion ratifying the vote to adopt the budget that will require raising more revenue from property taxes than the previous fiscal year, seconded by  Councimember Hughes. The motion was approved 5-0.    5C. Ordinance No. 2023-26. An Ordinance levying an Ad Valorem (Property) Tax for the use and support oft the Municipal Government for the City of Kerrville, Texas, for Fiscal Year 2024; apportioning each levy for specific purposes; and providing when taxes shall become  due and when same shall become delinquent if not paid. Shelley McElhannon read Ordinance No. 2023-26 caption into record. Julie Behrens provided information and responded to questions. Mayor Eychner opened the public hearing at 7:22 p.m. Mayor Eychner closed the public hearing at 7:25 p.m.  The following person(s) spoke: Russell Mobley  Councilmember Herring made a motion to approve Ordinance No. 2023-26 that the property tax rate be increased by the adoption of a tax rate of $0.5595, which is effectively a2 2.98% percent increase in the tax rate, seconded by Councilmember Hughes. The  motion passed 5-0. Roll call vote: Mayor Judy Eychner Councilmember Roman Garcia Councilmember Jeff Harris Councimember Joe Herring, Jr. Councilmember Brenda Hughes 6.  ORDINANCES, FIRST READING:  In Favor Opposed X X X X X  6A. Ordinance No. 2023-28. An Ordinance amending Chapter 26 "Building and Building Regulations" of the Code of Ordinances, City of Kerrville, Texas, by adding a new Article XI "Grading and Filling", to create regulations, including a permit requirement, for any activity associated with the disturbance of land under specified conditions; providing fora a penalty in the maximum amount of $2,000.00 for violations thereof; and providing other  matters relating to the subject.  Shelley McElhannon read Ordinance No. 2023-28 caption into record. Drew Paxton provided information and responded to questions. Councimember Herring. The motion passed 5-0. 7. CONSIDERATION AND POSSIBLE ACTION:  Councilmember Hughes made a motion to approve Ordinance No. 2023-28, seconded by  7A. Resolution No. 26-2023. A Resolution approving a negotiated settlement between the. Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2023 Rate Review Mechanism Filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attachment establishing a benchmark for pensions and retiree medical benefits; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed ina accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this Resolution to the  Company and the. ACSC's Legal Counsel.    Shelley McElhannon read Resolution No. 26-2023 caption into record. Mike Hayes provided information and responded to questions.  Councilmember Herring made a motion to adopt Resolution No. 26-2023, seconded by 7B. Resolution No. 31-2023. A Resolution approving the right of City employees to purchase continue health coverage at retirement subject to conditions specified within the  Councilmember Harris. The motion passed 5-0.  City's Personnel Policies and Procedures Manual.  Shelley McElhannon read Resolution No. 31-2023 caption into record. Kim Meismer provided information and responded to questions.  Councilmember Herring made a motion to adopt Resolution No. 31-2023, seconded by 7C. Authorization to negotiate a Professional Services Agreement for the Facility  Councilmember Harris. The motion passed 5-0. Condition Assessment and Maintenance Plan Project. Kyle Burow provided information and responded to questions.  Councimember Hughes made a motion to authorize the City Manager to negotiate and finalize an agreement for the project, seconded by Councilmember Harris. The motion  passed 5-0.  8. INFORMATION & DISCUSSION: 8A. City's Water System update.  Stuart Barron provided information and responded to questions.  9. APPOINTMENTS:  9A. Appointments to the Kerrville Area Youth Leadership Academy (KAYLA).  Shelley McElhannon read Item 9A caption into record. Megan Folkerts provided information.  Councimember Garcia made a motion to appoint the seven applicants, which are. Autumn, Elyse, Payton, Jonah, Una, Will, and Callie, seconded by Councilmember Herring. The 9B. Appointment of City of Kerrville delegate for the 2023 Texas Municipal League (TML)  motion passed 5-0.  Annual Conference business meeting (Dallas, TX). Shelley McElhannon read item 9B caption into record.  Councimember Hughes moved to appoint Mayor Eychner, seconded by Councimember Herring. This motion was approved 4-1 with Mayor Eychner, Councimember Harris, Councimember Herring, and CounolimemberHughes voting in favor, and Councilmember  Garcia opposed.  10. BOARD APPOINTMENTS:  10A. Appointments to the Kerrville Charter Review Commission. Shelley McElhannon read Item 10A caption into record.    Mike Hayes and Mayor Eychner provided information.  The following person(s) spoke: Peggy McKay  Councilmember Herring moved to appoint Danny Almond, Brenda Craig, Jason Gilbreath, Greg Richards, Mike Sigerman, Tim Summerlin, and Sandra Yarbrough to the Charter Review Commission, and seconded by Councimember Hughes. This motion was approved 4-1 with Mayor Eychner, Councilmember Harris, Councilmember Herring, and Councimember Hughes voting in favor, and Councimember Garcia opposed. Councilmember Garcia stated Danny Almond told Councilmember Garcia that Almond had withdrew the Charter Review Commission application, and stated Paul Devine had told Councilmember Garcia that Devine was no longer interested in being a member of the Charter Review Commission. Councilmember Garcia requested to amend the original motion by striking Danny Almond and appointing Jerry DiGiampaolo as a member. Mayor Eychner called for a second, with no second offered. Motion died for lack of second. Councilmember Garcia then made a motion to strike Danny Almond, Mike Sigerman, and Brenda Craig as members of the Charter Review Commission and appoint Jerry DiGiampaolo, Corey Fuquay, and Jim Caines as a member. Mayor Eychner called for a  second, with no second offered. Motion died for lack of second. 10B.Appointments to the Main Street Advisory Board. Shelley McElhannon read Item 10B caption into record.  Megan Folkerts provided information.  Mayor Eychner made a motion to appoint Teresa Craighead, Sarah Lewis, Travis Lindner, and Bethany Mikeska, seconded by Councimember Garcia. The motion passed 5-0. 10C.Appointments to the Building Board of Adjustment and Appeals. (This item eligible Councilmember Garcia moved to reappoint Daniel Lowery and Bob Rue, and appoint Caleb Mizell as members, seconded by Councimember Harris. This motion was approved 5-0. 11. EXECUTIVE SESSION: Executive Session not called nor convened. 11A.Appointments to the Building Board of Adjustment and Appeals. (551.074) 12. ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY. N/A  for Executive Session).  13. ITEM(S) FOR FUTURE AGENDAS: None ADJOURN. The meeting adjourned at 8:19 p.m. APPROVED BY COUNCIL: 9/24123  APPROVED:  ATTEST:  Shelley.ctlhannon, Çity Secretary Gnfuen  belhekw