CITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS NOVEMBER 08, 2022 6:00 PM  On November 08, 2022 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 Kim Clarkson  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 Danielle Brigati, Library Director 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 Yesenia Luna, Municipal Court Coordinator Eric Maloney, Fire Chief Drew Paxton, Planning Director William Tatsch, Asst City Attorney  Stuart Barron, Exec Director Public Works Chris McCall, Police Chief  Al list of the citizen speakers present during the meeting is on file in the City Secretary's Office  1. ANNOUNCEMENTS OF COMMUNITY INTEREST:  Announcements of Community Interest provided by Stuart Cunyus, Councilmember Roman  Garcia, and Mayor Eychner. 2. PRESENTATIONS:  2A. Kerrville Kindness Award recognizing Richard Vasquez.  Mayor Eychner presented the Kerrville Kindness award to Richard Vasquez, recognizing his selfless and good works. Richard Vasquez was joined by his family. Chief Chris McCall also  presented recognition from the Police Department to Mr. Vasquez. 2B. Proclamation recognizing November 7-11, 2022 as Municipal Court week.  Mayor Eychner presented a proclamation proclaiming November7-11,2 2022 as Municipal Court week in Kerrville, Texas, represented by Municipal Court Coordinator Yesenia Luna and  Municipal Court staff.  Mayor Eychner provided meeting and speaker protocol and visitor decorum.  3. VISITORS FORUM: The following person(s) spoke: Ruben Aguilar 4. CONSENT AGENDA:    Councilmember Garcia requested to pull Consent Agenda items 4B, 4C, and 41, and made a motion to approve the rest of the items on the Consent Agenda (4A, 4D,4E,4F,4G, and 41), 4A. Local Agreement by and between the City of Kerrville, Texas and the State of Texas for disposition of forfeited property in the 198th Judicial District Court resulting from the seizure of 4D. Interlocal Agreement between the City of Kerrville and Kerr County for participation in 4E. Medical Director Agreement for the City of Kerrville Fire Department, Emergency Medical 4F. Professional Services Agreement with 6S Engineering, Inc. for the 2023 Fiscal Year 4G. Professional Services Agreement with 6S Engineering, Inc. for the Pavement Master  seconded by Councimember Joe Herring, Jr. The motion passed 5-0.  property in the City of Kerrville, Texas.  the Local Hazard Mitigation Plan for Kerr County.  Services.  Street Maintenance projects in the amount of $95,750.00.  Plan Update in the amount of $96,350.00. 4H. City Council workshop minutes October 25, 2022. END OF CONSENT AGENDA.  4B. Interlocal Agreement by and between the City of Kerrville, Texas and the County of Kerr, Texas to provide access to each of their Law Enforcement Agencies' Criminal Justice  Information through the Tyler Public Safety One Source System. William Tatsch provided information and responded to questions.  Councilmember Roman Garcia made a motion to approve the Interlocal Agreement with the County of Kerr, Texas, seconded by Councimember Herring. The motion passed 5-0. 4C. Interlocal Agreement by and between the City of Kerrville, Texas and the County of Kerr, Texas for locating supplemental workstations in the Kerr County Sheriff's Office and Kerrville Police Department and establishing a High-Speed Network Connection between the Kerrville  Police Department and the Kerr County Evidence Media Server. Chief McCall provided information and responded to questions.  Councilmember Garcia made a motion to approve the Interlocal Agreement with the County of Kerr, Texas for supplemental workstations at the Kerr County Sheriff's Office and the Kerrville Police Department, seconded by Councimember Brenda Hughes. The motion  passed 5-0.  41. City Council meeting minutes, October 25, 2022.  Councilmember Garcia requested to approve the meeting minutes with this amendment: page 2 under item 4A, insert into the tabled motion "to the next regular meeting and further moved that the City Attorney is instructed to revise the Declaration of Trust to only reflect the change requested. by Council regarding the Secretary position and to revert the rest oft the document to its previous language", seconded by Councimember Clarkson. The motion passed 5-0.  5. CONSIDERATION AND POSSIBLE ACTION:    5A. Resolution No. 72-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 7, Block 1, Riverside Addition; and more commonly known as 339 Guadalupe; said property is located within a Medium Density Residential Zoning District (R-2); andi making said permit subject to conditions and restrictions.  Shelley McElhannon read Resolution No. 72-2022 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:29 p.m. The public hearing closed at 6:29 p.m.  No person(s) spoke.  Councimember Hughes made a motion to approve Resolution No. 72-2022, seconded by 5B. Resolution No. 73-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 3 and part of Lot 4, Block 3, Hazy Hills Addition; and more commonly known as 800 Lake; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to conditions  Councilmember Clarkson. The motion passed 5-0.  and restrictions.  Shelley McElhannon read Resolution No. 73-2022 caption into record.  Drew Paxton provided information and responded to questions. Applicants Sharon Rollins, Darrell Rollins, and Kevin Rollins provided information and responded to questions.  The public hearing opened at 6:35 p.m. The public hearing closed at 6:35 p.m.  No person(s) spoke.  Councimember Herring made a motion to approve Resolution No. 73-2022, seconded by 5C. Resolution No. 74-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting ofl Lot 1, block 1, Riverhill TH Addition; and more commonly known as 503 Oakland Hills; said property is located within al Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and restrictions.  Councilmember Clarkson. The motion passed 5-0.  Shelley McElhannon read Resolution No. 74-2022 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:37 p.m. The public hearing closed at 6:37 p.m.  No person(s) spoke.  Councilmember Hughes made a motion to approve Resolution No. 74-2022, seconded by 5D. Resolution No. 75-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting ofl Lot 5, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #5; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and  Councilmember Herring. The motion passed 5-0.  restrictions.  Shelley McElhannon read Resolution No. 75-2022 caption into record.  Drew Paxton provided information and responded to questions, and applicant Janice Bowen  spoke.    The public hearing opened at 6:39 p.m. The public hearing closed at 6:39 p.m.  No person(s) spoke.  Councimember Clarkson made a motion to adopt Resolution No. 75-2022, seconded by 5E. Resolution No. 76-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting ofl Lot 9, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #9; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and  Councimember Herring. The motion passed 5-0.  restrictions.  Shelley McElhannon read Resolution No. 76-2022 caption into record.  Drew Paxton provided information. The public hearing opened at 6:40 p.m. No person(s) spoke. The public hearing closed at 6:40p p.m.  Councimember Herring made a motion to adopt Resolution No. 76-2022, seconded by 5F. Resolution No. 77-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 13, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #13; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions  Councimember Hughes. The motion passed 5-0.  and restrictions.  Shelley McElhannon read Resolution No. 77-2022 caption into record.  Drew Paxton provided information. The public hearing opened at 6:41 p.m. No person(s) spoke. The public hearing closed at 6:42 p.m.  Councimember Herring made a motion to adopt Resolution No. 77-2022, seconded by 5G. Resolution No. 78-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 14, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #14; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions  Councimember Hughes. The motion passed 5-0.  and restrictions.  Shelley McElhannon read Resolution No. 78-2022 caption into record.  Drew Paxton provided information. The public hearing opened at 6:43 p.m. No person(s) spoke. The public hearing closed at 6:43 p.m.  Councimember Clarkson made a motion to adopt Resolution No. 78-2022, seconded by  Councimember Herring. The motion passed 5-0.    5H. Resolution No. 79-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 13, Block 3, Mesa Park Subdivision, Phase 1; and more commonly known as 2324 Trails End; said property is located within a Single- Family Residential Zoning District (R-1); and making said permit subject to conditions and Drew Paxton provided information and responded to questions, and applicant Collette  restrictions.  Shelley McElhannon read Resolution No. 79-2022 caption into record. Zagarella provided information and responded to questions.  The public hearing opened at 6:48 p.m. The following person(s) spoke: Paull Harrison Heidi Uttrich The public hearing closed at 6:51 p.m.  Councilmember Herring made a motion to adopt Resolution No. 79-2022, seconded by  Councilmember Hughes. The motion passed 5-0.  6. PUBLIC HEARING AND ORDINANCEIS). FIRST READING:  6A. Ordinance No. 2022-32. An Ordinance annexing a tract of land into the corporate limits of the City of Kerrville, Texas; such property making up approximately 11.93 acres and generally located south of the intersection of State Highway 27 and Colvin Ranch Rd.; more commonly known as 5269 State Highway 27; such property more specifically described 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 an Industrial and Manufacturing (IM) Zoning District; and providing other matters relating to this  subject.  Shelley McElhannon read Ordinance No. 2022-32 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:58 p.m. The public hearing closed at 6:58 p.m.  No person(s) spoke.  Councimember Clarkson made a motion to adopt Ordinance No. 2022-32 on first reading,  seconded by Councimember Herring. The motion passed 5-0. Mayor Eychner shifted item 10A forward, before Item 7A.  10A. Consider a request for the grant of a major waiver of the requirement within the City's Subdivision Code (Ch. 82, Code of Ordinances; Section 82-50) fori the extension of utilities to the property line; the property being an 11.93 acre proposed lot addressed as 5269 Highway 27 and generally located on Highway 27 at Colvin Ranch Rd. E. Applicant: Ingram Ready Mix, Drew Paxton, Stuart Barron, E.A. Hoppe, and Mike Hayes provided information and Applicant representatives James McKnight and James McGarr provided information and Councimember Garcia made a motion to table the item until the next regular meeting,  No. 10.  Shelley McElhannon read item 10A caption into record.  responded to questions. responded to questions.  seconded by Councimember Hughes. The motion to table passed 5-0.    7. INFORMATION & DISCUSSION: (Committee Chair Layng Guerriero). responded to questions. and 8A, and both passed on 7A: Jon Perrin Robin Perrin  7A. Report from Short-Term Rental Committee in accordance with Resolution No. 55-2022, Committee Chair Layng Guerriero provided information and a report from the Committee, and The following person(s) requested to speak, however discovered that they signed up for item 7A  8. ORDINANCEIS), FIRST READING:  8A. Ordinance No. 2022-30. An Ordinance amending Chapter 30 "Businesses" of the City's Code of Ordinances by adopting a new Article VI "Short-Term Rental Units"; requiring permitting and inspection for Short-Term Rental Units; containing a cumulative clause; containing a savings and severability clause; providing for penalties not to exceed $2,000.00; ordering publication; providing an effective date; and providing other matters related to the  subject.  Shelley McElhannon read Ordinance No. 2022-30 caption into record. Guillermo Garcia and Mike Hayes provided information and responded to questions.  The following person(s) spoke: Sarah Lewis (declined when called) Jon Perrin Robin Perrin Larry Howard  Council agreed to modify the Ordinance No. 2022-30 with three amendments: (1) Create a new Chapter dedicated to Short-Term Rentals, (2) If a structure has an occupancy sleeping over ten (10) individuals, then the structure requires a sprinkled fire system, (3) strike the #2 Councimember Garcia made a motion to adopt Ordinance No. 2022-30 on first reading and to set a time for future review by December 2023, seconded by Councilmember Herring. The  Whereas clause and strike #4 Whereas clause.  motion passed 5-0.  Mayor Eychner recessed the meeting at 8:26 p.m. Mayor Eychner reconvened the meeting at 8:38 p.m.  8B. Ordinance No. 2022-33. An Ordinance amending Chapter 102 "Traffic and Vehicles," Section 102-1 Definitions" of the Code of Ordinances of the City of Kerrville, Texas by revising the definitions of"Excessive or Unusual Noise" and Noisemakers" in their entirety; containing a savings and severability clause; providing an effective date; ordering publication; and  providing other matters relating to this subject.  Shelley McElhannon read Ordinance No. 2022-33 caption into record. William Tatsch provided information and responded to questions. seconded by Councilmember Hughes. The motion passed 5-0.  Councimember Garcia made a motion to approve Ordinance No. 2022-33 on first reading,  9. ORDINANCE(S), SECOND READING:    9A. Ordinance No. 2022-31, second reading. An Ordinance amending the City's Fiscal Year 2022 Budget to account for the receipt of additional revenue, the disbursement of such revenue,  and to make other amendments as provided. Julie Behrens provided information.  Shelley McElhannon read Ordinance No. 2022-31 caption into record.  Councimember Hughes made a motion to approve Ordinance No. 2022-31 on second  reading, seconded by Councimember Herring. The motion passed 5-0.  10. CONSIDERATION AND POSSIBLE ACTION:  This item was shifted forward on the agenda (after item 6A and before item 7A - see above). 10A. Consider a request for the grant of a major waiver of the requirement within the City's Subdivision Code (Ch. 82, Code of Ordinances; Section 82-50) fori the extension of utilities to the property line; the property being an 11.93 acre proposed lot addressed as 5269 Highway 27 and generally located on Highway 27 at Colvin Ranch Rd. E. Applicant: Ingram Ready Mix, 10B. Resolution No. 68-2022. A Resolution adopting the City of Kerrville Water and  No. 10.  Wastewater Master Plan update.  Shelley McElhannon read Resolution No. 68-2022 caption into record.  Stuart Barron, Ethan Shires with Freese and Nichols, and E.A. Hoppe provided information Councimember Herring made a motion to adopt Resolution No. 68-2022, seconded by 10C. Qualification of Five Responders as Design-Bulld Firms for the Public Safety Facility  and responded to questions.  Councilmember Clarkson. The motion passed 5-0.  project.  Shelley McElhannon read item 10C caption into record.  Kyle Burow and Joel Kokomor with Freese & Nichols Inc. provided information and responded Councimember Hughes made a motion to approve recommended Design-Build teams to solicit Proposals: Byrne Construction Services, Joeris General Contractors, Rogers-O'Brien Construction, Skanska USA Building, Inc., SpawGlass Contracts, Inc., seconded by 10D. The Butt-Holdsworth Memorial Library's participation in "Banned Books Week", the Library's policies, the Library's association with the American Library Association, and personnel conduct regarding these matters. (Barbara Dewell Ferguson, citizen;  to questions.  Councimember Herring. The motion passed 5-0.  Councimember Garcia, sponsor).  Shelley McElhannon read item 10D caption into record. Leela Goldberg (did not show up to mic when called)  Citizen Barbara Dewell Ferguson provided information and responded to questions.  The following person(s) spoke: Martha Mitchell Susana Gimson Jennifer Daschel    Susan Sommers Dr. Stephane Gross Sylvia Ostos Pamela Leinhard Susan Wolff Sarah Lewis Carol Powers Ruth Carlson David Rogers Delayne Sigerman Debbie Oakes Charlie Mclvain William Rector Lillian Beard Cheri Chase lan Daugherty Jaclyn Hall Katy Kappel Carol Milberger  Lucia Bell (did not show upi to mic when called)  Robin Monroe (speaking for Bethany Puccio)  Marcia King (did not show up to mic when called)  Mayor Eychner made a motion that the Library Advisory Board make at thorough review oft the Butt-Holdsworth Memorial Library collection development policy including the appendix and bring back to Council the results of their review, seconded by Councimember Hughes. Councimember Garcia made a motion to amend the Mayor's motion to include at the end of it"to the extent that it removes all association with the American Library Association and to place proper safeguards to prevent books with obscene, profane, or pornographic material to be easily accessible to minors". Mayor Eychner called for a second to Councimember Garcia's motion amendment, with no second for the amendment. The amended motion failed Mayor Eychner called for a vote on the original motion to make a thorough review of the Butt- Holdsworth Memorial Library collection development policy including the appendix and bring back to Council the results of their review, seconded by Councilmember Hughes. The motion  for lack of second.  passed 5-0.  11. BOARD APPOINTMENTS:  11A. Appointment to the Food Service Advisory Board. Shelley McElhannon read item 11A caption into record.  Councimember Hughes made a motion to appoint Shonna Ebert, Wendy Massey (eappointmenty, and Elena Ramirez to the Food Service Advisory Board, seconded by  Councimember Clarkson. The motion passed 5-0. Executive Session was not called nor convened. 12. EXECUTIVE SESSION: N/A    13. ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY. N/A  14. ITEM(S) FOR FUTURE AGENDAS:  Councilmember Garcia requested staff review and reorganize the Council Chamber no later than January. Mayor Eychner called for a second, with no second forthcoming. The  item for a future agenda failed for lack of second. ADJOURN. The meeting adjourned at 10:41 p.m. APPROVED BY COUNCIL: 12/1312082  APPROVED:  ATTEST:  2unas Shelley McElhannon, City Secretary  d43 Eycha