CITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS JUNE 13, 2023 6:00PM  On June 13, 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. Councimember Joe  Herring, Jr. provided the invocation and led the Pledge of Allegiance.  COUNCILMEMBERS PRESENT: Judy Eychner, Mayor Roman Garcia, Councilmember Place 1 Jeff Harris, Councilmember Place 2 Elect Joe Herring, Jr., Councilmember Place 3 CITY EXECUTIVE STAFF: E.A. Hoppe, City Manager Mike Hayes, City Attorney Kim Meismer, Asst City Manager Michael Hornes, Asst City Manager Shelley McElhannon, City Secretary Stuart Barron, Exec Dir PW & Eng Julie Behrens, Director of Finance  COUNCILMEMBER ABSENT:  None  Brenda Hughes, Mayor Pro Tem/Counceimember Place 4  Danielle Brigati Director of Library Ashlea Boyle, Director of Parks & Rec Stuart Cunyus, Public Information Officer Guillermo Garcia, Exec Director Innovation  Eric Maloney, Fire Chief Chris McCall, Police Chief Charvy Tork, Director ofl IT  VISITORS PRESENT: A list of the citizen speakers present during the meeting is on file  ini the City Secretary's Office for the required retention period. 1. ANNOUNCEMENTS OF COMMUNITY INTEREST: Announcements of Community Interest provided by Stuart Cunyus.  2. PRESENTATIONIS):  2A. Proclamation recognizing June 2023 as Great Outdoors month in Kerrville, Texas. Mayor Eychner presented a proclamation recognizing June 2023 as Great Outdoors month. Director of Parks & Recreation Ashlea Boyle along with Parks & Recreation staff Rosa Ledesma, Deidre Flores, and Tina North, and Parks & Recreation Advisory Board  Chair Lisa Nye-Salladin received the proclamation.  3. VISITORS FORUM:  Shelley McElhannon advised Mayor Eychner that twenty-three speakers had signed up to speak during thei forum. Mayor Eychner suggested each speaker be limited tot two minutes instead of four minutes, which Councilmember Roman Garcia objected. Councimember Brenda Hughes made a motion that during this visitors forum each speaker be limited to two minutes, seconded by Councilmember Herring. The motion was approved 4-1. At 6:10 p.m., Councimember Garcia called "point of order" citing Rule 5.3 in the Procedural Rules stating a speaker time can be extended but not reduced. Mike Hayes advised the Presiding Officer rules on "point of order". At 6:13 p.m., Mayor Eychner acknowledged Councimember Garcia's "point of order" and ruled to proceed with the vote. The motion passed 4-1 with Mayor Eychner, Councilmember Jeff Harris, Councilmember Hughes, and Councimember Herring voting in favor, and Councilmember Garcia opposed.  The following person(s) spoke:    Kim Clarkson Jennifer Daschel Carolyn Dreyer Joann Livingston - passed when called Mike and Jan Pieraccini Martha Hix Jaclyn Hall Gillian Wiggins Susan Sommers Pamela Lienhard ) Joe Rexach Robin Monroe e Susan Wolff Bethany Puccio Barbara Ferguson Cheryl Fitch e Marnie Bethel David Espenlavb Carolynn O'Quinn Brent Bates Karen Guerriero George Baroody Sean Boerner  Mayor Eychner, Councilmember Hughes, and Councimember Herring recognized and  thanked E.A. Hoppe for his leadership. 4. CONSENT AGENDA: motion passed 5-0.  Councilmember Garcia requested to pull item 4B. Councimember Harris made a motion to approve Consent items 4A, 4C,4D, 4E, and 4F, seconded by Councimember Garcia. The 4A. Resolution No. 18-2023. A Resolution authorizing the use of internal combustion engines on Nimitz Lake upstream of the City's impoundment dam fort the Kerrville Triathlon  and the safety of competitors.  4C. City Council workshop minutes, May 23, 2023. 4D. City Council meeting minutes, May 23, 2023. 4E. City Council meeting minutes, May 26, 2023. 4F. City Council meeting minutes, May 30, 2023.  END OF CONSENT AGENDA.  4B. Renewal of Microsoft subscription licenses in the amount of $110,279.48 through SHI under a cooperative contract oft the Texas Department of Information Resources (DIR) DIR-  TSO-4092.    Charvy Tork and E.A. Hoppe provided information and responded to questions.  Councimember Herring made a motion to adopt item 4B the renewable Microsoft software subscription in an amount noti to exceed $110,279.48, seconded by Councimember Hughes.  The motion passed 5-0.  5. CONSIDERATION AND POSSIBLE ACTION:  5A. A.C. Schreiner House renovation and Heart of the Hills Heritage Center Project Michael Hornes and E.A. Hoppe provided information and responded to questions. Councimember Hughes made a motion to direct the City Manager to contractually proceed with the 30% design phase and the structural assessment of the A.C. Schreiner House, 5B. Placement of the Visitor/Citizen forum within the order of the City Council agenda.  update.  seconded by Councimember Herring. The motion passed 5-0.  Mayor Eychner provided information and responded to questions.  The following person(s) spoke:  Jaclyn Hall - did not show up at mic, and was advised citizen had left the meeting  Gail Wright Bethany Puccio Nikki Caines Peggy McKay Lilly Beard Jerry Wolff George Baroody  Mayor Eychner advised that the Visitor/Citizen forum section will remain in the same order on Councimember Garcia made ar motion to place the Visitor/Citizen forum immediately aftert the Invocation and Pledge. Mayor Eychner called for a second, with no second. Motion failed 5C. City's electioneering rules and policies (Chapter 70, Article III Electioneering at  the agenda.  from lack of a second.  Polling Locations, City's Code of Ordinances). Councimember Hughes provided information. The following person(s) spoke: Barbara Ferguson Nikki Caines George Baroody  Council discussion ensued during item review.  SIGNS:  1. No one may post political signs or literature on City of Kerrville owned or controlled property that is being used as a polling place at any time other than during the voting    period of a particular election, as defined in Section 61.003(b)(2) of the Texas Election Code, and for 30 minutes before and after the voting period ends. This  includes laying signs out on the property. Council consensus of approval 5-0.  2. Nomore than ten (10). signs per candidate may be placedorerected on the controlled property being used as a polling place. This includes all types of signs ie. banners, ground signs, hand-held signs, magnetic signs, billboard type signs, posters., etc Councimember Hughes made a motion to approve and eliminate the word etc, seconded by Councilmember Herring. The motion passed 4-1 with Mayor Eychner Councilmember Harris, Councilmember Herring, and Councilmember Hughes voting 3. No signs may be erected or placed. in a public walkway, sidewalk, or thoroughfare. Councimember Harris made a motion to approve and eliminate the word etc, seconded by Councimember Hughes. The motion passed 4-1 with Mayor Eychner Councilmember Harris, Councilmember Herring, and Councimember Hughes voting  Strike etc and place period after posters.  int favor, and Councimember Garcia opposed.  in favor, and Councimember Garcia opposed. Council consensus of approval 5-0. Council consensus of approval 5-0. Council consensus of approval 5-0.  4. Signs must not prohibit visibility of traffic or obstruct the view of traffic. 5. No signs can be placed any closer than 100 feet from the polling location. 6. No signs will remain on the polling location property overnight.  7. No more than four (4) signs per candidate may be carried on the controlled property being used as a polling place. Person(s) carrying signs must not impede the progress of voters, and avoid walkways and thoroughfares, and must not prohibit Councilmember Hughes made a motion to combine number 7 with number 2 and make it a bit more clear that the total is ten (10) signs and that four (4) of those ten (10) signs can be held, seconded by Councimember Herring. The motion passed 4- 1V with Mayor Eychner Councimember Harris, Councimember Herring, and Councilmember Hughes voting in favor, and Councilmember Garcia opposed. 8. No one may post a political sign using posts that may damage subterranean water ande electrical lines. Forp purposes ofthese regulations, the term posts"shall include, but not be limited to wooden stakes, rebar, PVC posts, metal posts. Heavy gauged  visibility of traffic or obstruct the view of traffic.  wire is generally used for political yard signs and is allowed.  Council consensus of approval 5-0. fences, gates, and trees.  9. No one may post a political sign on any permanent structure, including buildings, Councimember Harris made a motion to replace 9 with the current Polling Article III item 3 "No one may attach, place, orotherwise affix an electioneering sign, literature,    ormaterial to anyk building, tree, shrub, ole, orotnerimprovement att the polling place", 10. No one may post signs nor hold signs larger than 36 square feet or taller than eight (8) feet from the ground, including the supporting poles, noruses lights orany-moving Councimember Garcia made a motion to strike the language "or any moving elements" seconded by Councimember Hughes. The motion passed 5-0. 11. No one may post a sign that is larger than 18 inches by 24 inches within ten feet of  seconded by Councilmember Hughes. The motion passed 5-0.  elements-on controlled property being used as a polling place.  the public roadway adjacent to the polling place. Council consensus of approval 5-0.  12. Any political sign in violation of these regulations may be removed by City-Staff City Manager or designee and placed in temporary storage. The sign owner will be contacted, and will arrange a time during normal working hours to pick up the sign(s). Ifthe owner of the political sign fails to pick up the removed sign(s) within five (5) Council consensus of approval 5-0 and to strike City Staff and replace with City 43.Theseregulationswaibelinellectfromtnedaleofapprowaloftherevised-regulations.  business days, the City will dispose of the sign(s).  Manager or designee.  Council consensus to strike 5-0.  SOUND AMPLIFICATION DEVICE OR SOUND TRUCK:  Section-61.004-0FH-TexasEeaton-Codeselsforfh-neprolboon-ofusinga-sound ampleaton-devce-0-electOReBFWEAA-,0001e8tOF#8--eaH-vetngOFerelecten-day pollngplace:-Electomemng-ororaganseanycandidale,measwre,0Fpollica-party anG-OFte-PHPupese-eFAS-SHpSecHOMra-persom-eperates-a-VenCHaFOouespeaker# e-pesOR-dRVes-evehele,OFHS8S'Re-0udspeakef,eroperales-any-soue  9qHpmeRER-COAReHO-WIPRe-ewaspeaket An-offense-tindertPIS-SeCHOP-Sa-Clas-Cmisdemeanor:  Councimember Garcia moved to replace wording under Sound Amplification Device and insert language directly from Section 61.004 of the Texas Election Code: "Section 61.004 of the Texas Election Code states: (a). A person commits an offense ifduring the voting period and within 1,000 feet of a building in which a polling place is located, the person operates a sound amplification device or a vehicle with a loudspeaker while the device or loudspeaker is being used for the purpose of: (1) making a political speech; or (2) electioneering for or against any candidate, measure, or political party. A person operates a vehicle with a loudspeaker ift the person drives the vehicle, uses the loudspeaker, or operates sound equipment in connection with the loudspeaker. An offense under this section is a Class C misdemeanor", seconded by Councimember Harris. The motion passed 5-0. NO-One-may-eHsttrp-tmepeace-meFplay-PIHSIG,Speakoverap.a-system,l0ue speakers,DHRO/S,OranyoterampiPeatieatOndeVce,WEP-000leere8tOFIAe-pe#ng  ocatten-on-earlyvetngdays-orelectoP-day- Council consensus to strike 5-0.    CAMPAIGNING:  Ac candidate can have one tent set up in the east-end of Jefferson Street parking lot- - Council consensus to table item 5-0, and directed City Manager to provide a 240 feet radius from the polling location outward - to the Eastern boundary of the property. Ac candldate/epresentalive should arrive at the polling location grounds no more than thirty minutes before polls open, and should depart the polling location by thirty Council consensus of approval 5-0, and adding applicable language in reference to Ac candidate must adhere to the 100 foot rule and not cross within 100 feet of the  along the fence line of the Cailloux property and St. Peters property.  minutes after polls close.  tents, signs, and campaign materials. polling location in order to campaign. Council consensus of approval 5-0. traveling to and from the polling locations. Council consensus of approval 5-0.  Candidates may not accost, harass, intimidate, or touch voters, and any citizens  Ac candidate must not block the sidewalk, the parking lot, or impede a person's Mayor Eychner made a motion to approve the campaigning item "A candidate must not block the sidewalk, the parking lot, or impede a person's progress", seconded by Councimember Hughes. The motion passed 4-1 with Mayor Eychner Councimember Harris, Councimember Herring, and Councimember Hughes voting in favor, and  progress.  Councimember Garcia opposed. Council consensus to strike 5-0.  CHzenS-de-PaVe-trgnEO/enarassmentaneppress-charges.  Mayor Eychner directed staff to amend Ordinance with the policies approved by City  Council (above).  6. BOARD APPOINTMENTS:  6A. Appointments to the Economic Improvement Corporation. (Item eligible for Executive Councimember Herring made a motion to convene closed Executive Session under 551.071 (consultation with attorney), seconded by Councimember Hughes. The motion passed 5-0. The open meeting recessed, and closed Executive Session convened at 9:15 p.m. 7.A Appointments to the Economic Improvement Corporation. (551.074)  Session).  7. EXECUTIVE SESSION:  7.B Economic Development projects update: Project Mount Saddle, Project Wildflower, The closed Executive Session adjourned and the open meeting re-convened at 9:40 p.m.  Project Windridge (551.071, 551.087) Item 7B was not discussed.    8. ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY. 8A. Appointments to the Economic Improvement Corporation.  Mayor Eychner made a motion to reappoint Gregg Appel and Kim Clarkson, and to appoint Councilmember Herring as a Council liaison member, and Celeste Hamman as a new member, seconded by Councilmember Herring. The motion passed 4-1 with Mayor Eychner Councimember Harris, Councimember Herring, and Councimember Hughes  voting in favor, and Councimember Garcia opposed. 9. ITEM(S)F FOR FUTURE AGENDAS:  Councimember Garcia - (1) To schedule a special-called meeting or as a regular agenda topic to discuss City Manager recruitment plan. Mayor Eychner called for a second, with no second forthcoming. Item failed as an agenda topic due to a hired Search Firm conducting individual meetings. (2) Declaration of Disaster update.  ADJOURN. The meeting adjourned at 9:48 p.m. APPROVED BY COUNCIL: JW-27,3023  APPROVED:  ATTEST:  Cunrn Shelley McElhahnon, City Secretary  oka