CITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS JANUARY 24, 2023 6:00 PM  On. January 24, 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 Brenda Hughes  provided the invocation and led the Pledge of Allegiance.  COUNCILMEMBERS PRESENT: Judy Eychner, Mayor Kim Clarkson, Mayor Pro Tem/Councimember Place 2 Roman Garcia, Councimember Place 1 Joe Herring, Jr., Councilmember Place 3 Brenda Hughes, Councimember Place 4 CITY EXECUTIVE STAFF: E.A. Hoppe, City Manager Mike Hayes, City Attorney Michael Hornes, Asst City Manager Kim Meismer, Asst City Manager Shelley McElhannon, City Secretary Julie Behrens, Director of Finance Ashlea Boyle, Director Parks-Recreation VISITORS PRESENT: for the required retention period.  COUNCILMEMBER ABSENT:  None  Kyle Burow, Director of Engineering Stuart Cunyus, Public Information Officer Guillermo Garcia, Exec Dir Innovation Eric Maloney, Fire Chief Chris McCall, Police Chief Trina Rodriguez, Asst Director Finance  Stuart Barron, Exec Director Public Works Drew Paxton, Planning Director  A list of the citizen speakers present during the meeting is on file in the City Secretary's Office  Anne Berger-Entrekin, Hill Top Securities Financial Advisor Bob Reeves, Kerr County Tax Assessor/Collector 1. ANNOUNCEMENTS OF COMMUNITY INTEREST:  Announcements of Community Interest provided by Stuart Cunyus, Chief Eric Maloney, and  Mayor Eychner. 2. VISITORS FORUM: The following person(s) spoke: Delayne Sigerman Barbara Dewell Ferguson 3. CONSENT AGENDA: The motion passed 5-0.  Three citizens have requested to speak on item 4A. Councimember Roman Garcia made a motion to approve the rest of the Consent Agenda, seconded by Councimember Hughes. 3B. Resolution No. 05-2023. A Resolution authorizing the acceptance of grant funding from the Office of the Governor and its SH-Bullet Resistant Shield Grant Program for funding to purchase 3C. Purchase of Ballistic Shields fort the Kerrville Police Department int the amount of$76,581.64. 3D. Grant Agreement with the Hal & Charlie Peterson Foundation accepting a Public Safety 3E. Project Funding Agreement between the City of Kerrville, Texas, Economic improvement Corporation and the City of Kerrville, Texas, for a concept feasibility study for an extension of  Ballistic Shields for the Kerrville Police Department.  Equipment Grant in the amount of $106,002.00.    the River Trail around Nimitz Lake; and the corresponding Professional Services Agreement between Hewitt Engineering and the City of Kerrville fori the study in the amount of $182,800. 3F. Amendment to Agreement regarding Water Utility Service to designated areas with. Aqua Texas, to be submitted to the Public Utility Commission (PUC), said agreement which will act tor revise the City's certificate of convenience and necessity for water service.  3G. City Council workshop minutes January 10, 2023. 3H. City Council meeting minutes January 10, 2023. 31. City Council workshop minutes January 17, 2023.  END OF CONSENT AGENDA. the Upper Guadalupe River Center. The following person(s) spoke: John Anderson George Baroody Layng Guerriero  3A. Resolution No. 03-2023. A Resolution expressing the City's support for the development of  John Anderson provided clarification of Resolution.  Councimember Garcia made a motion to table the Resolution. Mayor Eychner called for a Councilmember Joe Herring, Jr. made a motion to adopt Resolution No. 03-2023 expressing our support for the development of the Upper Guadalupe River Center, seconded by Councimember Kim Clarkson. The motion passed 4-1 with Councimember Clarkson, Councilmember Hughes, Mayor Eychner, and Councimember Herring voting in favor, and  second, with no second. Motion to table died for lack of second.  Councilmember Garcia opposed.  4. PUBLIC HEARING AND ORDINANCES, FIRST READING:  4A. Ordinance No. 2023-06. An Ordinance amending Chapter 60 oft the Code of Ordinances, City of Kerrville, Texas; by changing the zoning for properties known as 402,405, 406,407, 409,410,411,413.414, and415W.Water; consisting oft the' Westland Addition; from a Single Family Residential with Accessory Dwelling Unit Zoning District (R-1A) to a Residential Transition Zoning District (RT); and providing other matters relating to the subject. Shelley McElhannon read Ordinance No. 2023-06 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:26 p.m. The following person(s) spoke: Applicant Russell Nemky The public hearing closed at 6:29 p.m.  Councimember Herring made a motion to adopt Ordinance No. 2023-06, seconded by 4B. Ordinance No. 2023-07. An Ordinance amending Chapter 60 oft the Code of Ordinances, City of Kerrville, Texas; by changing the zoning of a property known as 3800 Loop 534; consisting of Lot 1, Block 5 of the Legion Hills Phase Four Subdivision, being approximately 3.56 acres, and within the City of Kerrville, Kerr County, Texas; from a Medium Density Residential Zoning District (R2) to a Light Commercial Zoning District (C-2); and providing  Councimember Hughes. The motion passed 5-0.  other matters relating to the subject    Shelley McElhannon read Ordinance No. 2023-07 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:34 p.m. The following person(s) spoke: Applicant Chris Cawthon spoke. The public hearing closed at 6:38 p.m.  Councimember Clarkson made a motion to approve Ordinance No. 2023-07 on first reading, 4C. Ordinance No. 2023-08. An Ordinance annexing a tract of land into the Corporate Limits of the City of Kerrville, Texas; such property making up approximately 0.08 acres and generally located adjacent to and south of Lehmann Drive in the area that Lehmann Drive intersects with Lenard Lane; such property more specifically describedi in this Ordinance and being located within the extraterritorial jurisdiction of and adjacent to the City Limits; adopting a service agreement; establishing the zoning for the annexed property as al Public and Institutional (PU) Zoning District;  seçonded by Councimember Garcia. The motion passed 5-0.  and providing other matters relating to the subject. Shelley McElhannon read Ordinance No. 2023-08 into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:40 p.m. The public hearing closed at 6:40 p.m.  No person(s) spoke.  Councilmember Hughes made a motion to approve Ordinance No. 2023-08, seconded by  Councimember Clarkson. The motion passed 5-0. 5. ORDINANCES, SECOND READING:  5A. Ordinance No. 2023-03, second reading. An Ordinance amending Chapter 26 of the Code of Ordinances, City of Kerrville, Texas, titled "Buildings and Building Regulations"; by adding a new Article Xi titled' "Outdoor Lighting", to create standards for outdoor lighting to minimize light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures, while improving nighttime public safety, utility, and security; providing an effective date; and providing  other matters related to the subject. The following person(s) spoke: Greg Martin Dawn Davies Bruce Barton Kevin' Wessels Kathleen Brinkman  Shelley McElhannon read Ordinance No. 2023-03 caption into record.  Councimember Hughes made a motion to approve Ordinance No. 2023-03 on second reading, seconded by Councimember Herring. The motion passed 4-1 with Councimember Clarkson, Councimember Hughes, Mayor Eychner, and Councimember Herring voting in 5B. Ordinance No. 2023-04, second reading. An Ordinance closing, abandoning, and vacating all right, title, and interest in a public right-of-way, consisting of an unimproved, unopened portion of West St. that exists between the properties addressed as 620 and 704 Junction Highway (SH27); said right-of-way out oft the Westland Place. Addition, a Subdivision within the City of Kerrville, Kerr County, Texas, pursuant to the plat recorded in Volume 1, Page 26 of the Plat Records of Kerr County, Texas and corresponding filed notes; and, located  favor, and Councimember Garcia opposed.    within the City of Kerrville, Texas; finding that said portion is not required for future use as a public street; ordering recording; providing an effective date; and providing other matters  related to this subject.  Shelley McElhannon read Ordinance No. 2023-04 caption into record. Mike Hayes provided information and responded to questions.  The following person(s) spoke: George Baroody Mike Hayes provided clarification.  Councimember Herring made a motion to adopt Ordinance No. 2023-04 on second reading, seconded by Councilmember Hughes. The motion passed 4-1 with Councilmember Clarkson, Councimember Hughes, Mayor Eychner, and Councimember Herring voting in favor, and 5C. Ordinance No. 2023-05, second reading. An Ordinance amending Ordinance No. 2022- 26 and the Ad Valorem Tax for the use and support of the municipal government for the City  Councimember Garcia opposed.  of Kerrville, Texas, for Fiscal Year 2023. The following person(s) spoke: George Baroody Mike Hayes provided clarification. Bob Reeves provided clarification.  Shelley McElhannon read Ordinance No. 2023-05 caption into record.  Councimember Garcia made a motion to deny Ordinance No. 2023-05. Mayor Eychner called Councimember Clarkson made a motion to approve Ordinance No. 2023-05 and that the property tax rate be increased by the adoption of a tax rate of $0.5752, which is effectively a 12.94% percent increase in the tax rate, seconded by Councilmember Hughes. The motion passed 4-1 by Roll-Call vote with Councimember Clarkson, Councimember Hughes, Mayor Eychner, and Councimember Herring voting in favor, and Councimember Garcia opposed.  fora a second, with no second. Motion to deny died for lack of second.  Roll call vote: Councimember Kim Clarkson Councimember Brenda Hughes Mayor Judy Eychner Councimember Roman Garcia Councimember Joe Herring, Jr.  In Favor Opposed X X X X  X  6. CONSIDERATION AND POSSIBLE ACTION:  6A. Resolution No. 06-2023. A Resolution expressing official intent to reimburse certain project costs from obligations to be issued by the City of Kerrville, Texas, authorizing certain consultants to prepare documents and take actions necessary in relation to the issuance of  such obligations; and authorizing other matters related thereto. Shelley McElhannon read Resolution No. 06-2023 caption into record. Julie Behrens provided information and responded to questions. Councimember Clarkson. The motion passed 5-0.  Councimember Herring made a motion to adopt Resolution No. 06-2023, seconded by 6B. Construction Agreement with M&C Fonseca Construction Co., Inc. for Water Street  Water Main Replacement project in the amount of $314,667.50.    Shelley McElhannon read item 6B caption into record.  Kyle Burow and Stuart Barron provided information and responded to questions. Councilmember Hughes made a motion to authorize the City Manager to finalize and execute ac construction contact, seconded by Councimember Clarkson. The motion passed 5-0. 6C. Construction Agreement with M&C Fonseca Construction Co., Inc. for the Knapp Lift  Station Force and Gravity Main project in the amount of $4,895,585.00. Kyle Burow and E.A. Hoppe provided information and responded to questions. Councimember Clarkson made a motion to authorize the City Manager toi finalize and execute ac construction contact, seconded by Councimember Hughes. The motion passed 5-0. At7:42 p.m., Councimember Herring recused himself from Item 6D citing conflict ofi interest and 6D. Professional Services Agreement with Hewitt Engineering for the River Trail Downtown  Shelley McElhannon read item 6C caption into record.  departed seat at Council bench. Extension in the amount of $154,500.  Shelley McElhannon read item 6D caption into record. Ashlea Boyle provided information and responded to questions.  Councilmember Clarkson made a motion to authorize the City Manager to finalize and execute the professional services agreement, seconded by Councimember Hughes. The motion  passed 4-0.  At 7:44 p.m., Councimember Herring joined seat at Council bench.  7. INFORMATION AND DISCUSSION: 7A. Financial report for December 2022.  Julie Behrens provided information and responded to questions. 8. EXECUTIVE SESSION: Executive Session not convened.  9. ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY. N/A  10. ITEM(S) FOR FUTURE AGENDAS:  Mayor Eychner requested to add discussion regarding moving the Visitor/Citizen section to the end of the agenda, seconded by Councilmember Clarkson. The motion passed 4-1 with Councilmember Clarkson, Councimember Hughes, Mayor Eychner, and Councimember Herring voting in favor, and Councimember Garcia opposed.  ADJOURN. The meeting adjourned at 7:59 p.m. APPROVED BY COUNCIL: 3/14/3  APPROVED:  ATTEST:  ENe Shelley McElhannon, City Secretary  Mayor  Jieha