CITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS OCTOBER 11, 2022 6:00 PM  On October 11, 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. Councilmember Brenda  Hughes provided the invocation and led the Pledge of Allegiance.  COUNCILMEMBERS PRESENT:  Judy Eychner Kim Clarkson Roman Garcia Joe Herring, Jr. Brenda Hughes  Mayor  Mayor Pro Tem, Councimember Place 2 Councilmember Place 1 Councimember Place 3 Councimember Place 4  COUNCILMEMBER ABSENT: None 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  Guillermo Garcia, Exec Dir Innovation Eric Maloney, Fire Chief Chris McCall, Police Chief Drew Paxton, Planning Director Charvy Tork, Director IT  Stuart Cunyus, Public Information Officer Joshua Young, GIS in the City Secretary's Office for the required retention period.  VISITORS PRESENT: A list of the citizen speakers présent during the meeting is on file 1. ANNOUNCEMENTS OF COMMUNITY INTEREST: Announcements of Community Interest provided by Stuart Cunyus. Upper Guadalupe River Authority (UGRA) Board President Diane McMahon, introduced the new UGRA General Manager Tara Bushnoe. 2A. Kerrville Kindness Award presented to the Kerrville Public Utility Board (KPUB). Mayor Eychner presented the Kerrville Kindness award to KPUB, for KPUB's assistance in the state of Florida due to Hurricane lan. KPUB representatives in attendance: Tammy Riley, Dave Burley, Nathaniel Crabtree, Trey Owen, and Josh Whitworth. 2B. Proclamation recognizing October 2022 as Hill Country Night Sky month.  2. PRESENTATIONS:  Mayor Eychner presented the Hill Country Night Sky month October 2022 Proclamation to representatives of Kerr County Friends of the Dark Skies, Bill Rector, Cathleen Brinkman, Bruce Barton, Kim Arvidsson, Greg Martin, and Jennifer Robinson. 2C. Proclamation recognizing October 2022 as Fire Prevention month.  Fire Chief Eric Maloney introduced the item, and Mayor Eychner presented the Fire Prevention month October 2022 Proclamation to Kerrville Fire Department personnel and  Fire Chief Eric Maloney.    2D. Kerrville Fire Department's presentation of Citation of Merit.  Chief Maloney presented Lieutenant Monty Johnson the Kerrville Fire Department's Citation of Merit, due to exemplary leadership, dedication, and safety of our citizens.  Shelley McElhannon provided speaker protocol.  Mayor Eychner provided visitor and audience procedures of decorum.  3. VISITORS FORUM: The following person(s) spoke: Thomas Jeffers Julee Reeves Jaclyn Hall Cheryl Fitch Nikki Caines Bruce Stracke  E.A. Hoppe provided clarification, correct, and factual information regarding the Library. Councimember Roman Garcia made a motion to place an item on the next regular meeting agenda for Discussion and Possible Action and the agenda item is titled The Butt- Holdsworth Memorial Library participation in banned book week, the Library's policies, the Library's association with the American Library Association, and personnel matters regarding the conduct of the Library Director, the City Manager, and the Assistant City Managers regarding the aforementioned matters. Mayor Eychner called for a second, with  no Council second. The motion died for lack of a second.  4. CONSENT AGENDA:  Mayor Eychner requested to pull and table Consent Agenda item 4A. Councimember 4A. Resolution No. 49-2022. Al Resolution amending the Employee Benefits Trust fort the City of Kerrville, Texas; such trust created and maintained pursuant to Chapter 222, Texas Councilmember Kim Clarkson made a motion to table Resolution No. 49-2022, seconded Councimember Garcia called a point of order citing Section 4.5. Mayor Eychner The motion passed 4-1, with Mayor Eychner, Councimember Clarkson, Councilmember Joe Herring Jr., and Councilmember Hughes voting in favor, and Councilmember Garcia Councimember Clarkson made a motion to approve items 4B, 4C, 4D, 4E, and 4G, 4B. Ratify Fund Agreement with the Community Foundation of the Texas Hill Country for the establishment of the Kerrville Police Department Foundation Fund; and approve Fund Agreements with the Community Foundation oft the Texas Hill Country fori the establishment of the Kerrville Fire Department Fund and the Kerrville Parks Foundation Fund.  Garcia requested to pull Consent Agenda item 4F.  Insurance Code.  by Councilmember Hughes.  acknowledged and declined the point of order.  voting opposed.  seconded by Councilmember Hughes. The motion passed 5-0.    4C. Renewal of the Geographic Information System Enterprise License Agreement with 4D. Execute a change order decreasing the awarded amount for the 2021 Street  Environmental Systems Research Institute, Inc. (ESRI).  Reconstruction project.  4E. City Council workshop minutes, September 27, 2022. 4G. City Council workshop minutes October 04, 2022. 4F. City Council meeting minutes, September 27, 2022.  END OF CONSENT AGENDA.  Councimember Garcia proposed that in future Council minutes, the minutes include Council comments, statements, clarification, or questions. Discussion ensued among Councilmember Garcia made a motion to approve the meeting minutes for September 27, 2022 with the amendment: Page 3 Section F "byand sending a written notice", seconded by Councilmember Joe Herring, Jr. The motion passed 5-0.  Council, and Council was not in agreement.  5. PUBLIC HEARING AND RESOLUTIONS:  5A. Resolution No. 59-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of an approximate 1.373 acres out of the Martinez Survey No. 124, Abstract No. 247; and more commonly known as 2101 Arcadia Loop S; said property is located within a Medium Density Residential Zoning District (R-2); and  making said permit subject to conditions and restrictions.  Shelley McElhannon read Resolution No. 59-2022 caption into record. Drew Paxton provided information and responded to questions. Tim Buck, representing the applicant, was available for questions.  The public hearing opened at 7:04 p.m. The following person(s) spoke: George Baroody The public hearing closed at 7:06 p.m.  Councimember Hughes made a motion to approve Resolution No. 59-2022, seconded by 5B. Resolution No. 60-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit ont the property consisting of part of Block 11,Lowry Addition; and more commonly known as 309 Guadalupe; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and restrictions. Drew Paxton provided information, Drew Paxton and Mike Hayes responded to questions.  Councilmember Herring. The motion passed 5-0.  Shelley McElhannon read Resolution No. 60-2022 caption into record.  Applicant Larry Howard was available for questions. The public hearing opened at 7:11 p.m. The public hearing closed at 7:11 p.m.  No person(s) spoke.    Councilmember Herring made a motion to adopt Resolution No. 60-2022, seconded by 5C. Resolution No. 61-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting ofLot 6, of Block 1, Riverside Addition; and more commonly known as 337 Guadalupe; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and restrictions.  Councimember Hughes. The motion passed 5-0.  Shelley McElhannon read Resolution No. 61-2022 caption into record. Drew Paxton provided information and responded to questions. Applicant Larry Howard was available for questions. The public hearing opened 7:12 p.m. No person(s) spoke. The public hearing closed 7:12 p.m.  Councimember Clarkson made a motion to approve Resolution No. 61-2022, seconded 5D. Resolution No. 62-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting ofL Lot 5, Colonial Manor Section 2 Addition; and more commonly known as 1425 Lois; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to conditions and restrictions.  by Councilmember Hughes. The motion passed 5-0.  Shelley McElhannon read Resolution No. 62-2022 caption into record. Drew Paxton provided information and responded to questions. Matt Sletton, representing applicant, was available for questions.  The public hearing opened 7:15 p.m. No person(s) spoke. The public hearing closed 7:15 p.m.  Councimember Hughes made a motion to approve Resolution No. 62-2022, seconded by 5E. Resolution No. 63-2022. AF Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 27, of Block 33, Schreiner Addition; and more commonly known as 130 Loop 13; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to  Councilmember Herring. The motion passed 5-0.  conditions and restrictions.  Shelley McElhannon read Resolution No. 63-2022 caption into record. Drew Paxton provided information and responded to questions. Applicant Margaret Harrod provided information and was available for questions.  The public hearing opened 7:20 p.m. No person(s) spoke. The public hearing closed 7:21 p.m.  Councilmember Herring made a motion to adopt Resolution No. 63-2022, seconded by  Councilmember Clarkson. The motion passed 5-0.    5F. Resolution No. 64-2022. Al Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 4-A, of Block 1, Fair Oaks Addition; and more commonly known as 1602 Quinlan Creek; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject  too conditions and restrictions.  Shelley McElhannon read Resolution No. 64-2022 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened 7:23 p.m. The following person(s) spoke: George Baroody The public hearing closed 7:25 p.m.  Councimember Hughes made a motion to approve Resolution No. 64-2022 with the amendment that the Short-Term Rental be limited to the guest house. Mayor Eychner called for a second, with no Council second. The motion died for lack of a second. Councimember Herring made a motion to adopt Resolution No. 64-2022, seconded by Councimember Clarkson. The motion passed 4-1 with Mayor Eychner, Councilmember Clarkson, Councimember Garcia, and Councilmember Herring voting in favor, and 5G. Resolution No. 65-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 10, of Block A, Motley Hills Addition; and more commonly known as 1701 Deer Trail; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to conditions and restrictions. (This is an appeal by applicant to City Council). Shelley McElhannon read Resolution No. 65-2022 caption into record. Drew Paxton provided information and responded to questions. Applicant Niki Parks provided information and was available for questions.  Councimember Hughes voting opposed.  The public hearing opened 7:33 p.m. No person(s) spoke. The public hearing closed 7:33 p.m.  Councilmember Herring made a motion to adopt Resolution No. 65-2022, seconded by E.A. Hoppe provided information regarding Short-Term Rental Unit timelines and  Councilmember Clarkson. The motion passed 5-0.  application deadlines.  6. CONSIDERATION AND POSSIBLE ACTION:  6A. Resolution No. 66-2022. A Resolution authorizing and approving the creation of the Kerrville Public Facility Corporation pursuant to chapter 303 of the Texas Local Government Code to act on behalf of the City of Kerrville, Texas; approving the Certificate of Formation and Bylaws related thereto; and resolving other matters in connection therewith. Shelley McElhannon read Resolution No. 66-2022 caption into record.  Michael Hornes, E.A. Hoppe, and Attorney Summer Greathouse with Bracewell LLP  provided information and responded to questions.    The following person(s) spoke: Brad Barnett George Baroody Cory Edmondson  Councilmember Herring made a motion to adopt Resolution No. 66-2022, seconded by Councilmember Hughes. The motion passed 4-1 with Mayor Eychner, Councilmember Clarkson, Councimember Herring, and Councilmember Hughes voting in favor, and 6B. Special District Policies as tol Public Improvement Districts and Municipal Utility Districts. Michael Hornes, Mike Hayes, and E.A. Hoppe provided information and responded to questions. Councimember Hughes made a motion to approve the Public Improvement District policy, seconded by Councilmember Herring. The motion passed 4-1, with Mayor Eychner, Councilmember Clarkson, Councimember Herring, and Councimember Hughes voting in Councilmember Garcia made a motion to table the Municipal Utility District policy until the next regular Council meeting, seconded by Councilmember Clarkson. The motion to table 6C. Resolution No. 58-2022. A Resolution canceling the regular meetings of the City  Councilmember Garcia voting opposed.  Shelley McElhannon read item 6B caption into record.  favor, and Councimember Garcia voting opposed.  passed 5-0.  Council scheduled for November 22, 2022 and December 27, 2022. Shelley McElhannon read Resolution No. 58-2022 caption into record.  Mike Hayes provided information.  Councilmember Garcia made a motion to approve Resolution No. 58-2022, seconded by  Councilmember Herring. The motion passed 5-0. Executive Session was not called nor convened. 7. EXECUTIVE SESSION: N/A The following person(s) spoke: George Baroody (declined when called)  7A. Workforce Housing development projects 651.071,551.06).  8. ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY: N/A  9. ITEM(S) FOR FUTURE AGENDAS: The following person spoke:  Jess Fields = Education and Parental Choice, and requested item on a future agenda. Councimember Garcia sponsored the item, seconded by Councilmember Hughes. The item failed as a future agenda item 2-3 with Councilmember Garcia and Councimember Hughes voting in favor, and Mayor Eychner, Councimember  Clarkson, and Councilmember Herring voting opposed.    ADJOURN. The meeting adjourned at 8:31 p.m. APPROVED BY COUNCIL: 0/25/2022  APPROVED:  ATTEST:  ZMunequasr Shelley McElhânnon, City Secretary  heha