CITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS SEPTEMBER 13, 2022 6:00 PM  On September 13, 2022 at 6:01 p.m., Mayor Judy Eychner called the Kerrville City Council meeting to order in City Hall Council Chambers, 701 Main Street. Mayor Eychner 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, Councilmember Place 2  Councilmember Place 1 Councilmember 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 Shelley McElhannon, City Secretary Julie Behrens, Director of Finance Stuart Cunyus, Public Information Officer  Megan Folkerts, Senior Analyst Guillermo Garcia, Exec Dir Innovation Chad Hierholzer, HR Coordinator/Risk Mgmt Eric Maloney, Fire Chief Drew Paxton, Planning Director  Ashlea Boyle, Director Parks/Recreation Curtis Thomason, Asst Chief of Police  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. Sharon Constantinides, Chief Appraiser KCAD Mark Del Toro, Executive Director 911 Mike Wittler, KPUB CEO  Mayor Eychner shifted Agenda Item 2 Presentations forward, before Item 1. 2. PRESENTATIONS: This item was shifted forward before Item 1, see above.  2A. Kerrville Kindness Award presented to Zachary Reyna.  Mayor Eychner presented Zachary Reyna the Kerrville Kindness Award, for numerous acts 2B. Proclamation recognizing September 17, 2022 through September 23, 2022 as US Mayor Eychner presented the Daughters of the American Revolution the US Constitution 1. ANNOUNCEMENTS OF COMMUNITY INTEREST: Announcements of Community Interest provided by Stuart Cunyus. Mayor Eychner introduced Mike Dovell with the Raphael Free Clinic who introduced the new Executive Director Albert Vasquez. Mayor Eychner called Katie Finesky, President of the Kerrville Public School Foundation, who  of selflessness and kindness. Constitution week.  week Proclamation in Kerrville, Texas.  introduced the new Executive Director Jen Whittler.    2. PRESENTATIONS: This item was shifted forward before Item 1, see above. Shelley McElhannon read general business protocols of conduct into record.  3. VISITORS FORUM: None 4. CONSENT AGENDA:  Councilmember Roman Garcia pulled Consent Agenda items 4B, 4C, 4D, and 4F. Councilmember Kim Clarkson made a motion to approve items 4A and 4E, seconded by 4A. Resolution No. 54-2022. A Resolution approving the budget for Kerr Emergency 9-  Councilmember Brenda Hughes. The motion passed 5-0.  1-1 Network for Fiscal Year 2023. END OF CONSENT AGENDA.  4E. City Council workshop minutes August 23, 2022.  4B. Resolution No. 53-2022. Al Resolution providing fort the City's approval or disapproval  of the Kerr Central Appraisal District's Fiscal Year 2023 budget. Shelley McElhannon read Resolution No. 53-2022 caption into record.  Councilmember Garcia stated that there is a line ini the Resolution for City Council to show approval or disapproval; Councilmember Garcia made a motion toi insert the word Approve on the line and approve Resolution No. 53-2022, seconded by Councilmember Joe 4C. First Amendment to the Interlocal Agreement between Kerr County, Texas and the City of Kerrville, Texas for the provision of animal control services within the City of Kerrville, Texas, and services of the Butt-Holdsworth Memorial Library forr residents of Kerr County.  Herring, Jr. The motion passed 5-0.  Shelley McElhannon read Item 4C caption into record.  Councimember Garcia noted that on September 12, 2022, the Kerr County Commissioners Court approved the Interlocal Agreement with a one-year extension instead of two-year, and made a motion to approve the first amendment to the Interlocal Agreement for the provision of animal control services within the City of Kerrville, Texas, and services of the Butt-Holdsworth Memorial Library for residents of Kerr County as amended, seconded by Councilmember Clarkson. The motion passed 5-0. 4D. Contract with BlueSky Restoration Contractors, LLC for the repair of the railing on  the Arcadia Loop Brige in the amount of $91,762.16. Shelley McElhannon read Item 4D caption into record. Chad Hierholzer provided information and responded to questions.  Councimember Garcia made a motion to award the contract to Blusky Restoration Contractors LLC for the repair of the railing on the Arcadia Loop Bridge in the amount of $91,762.16 which will be subrogated with the private citizen's insurance company by    Texas Municipal League on behalf oft the City, and to authorize the City Manager to finalize and execute a contract with BluSky Restoration Contractors LLC, seconded by  Councilmember Hughes. The motion passed 5-0. 4F. City Council meeting minutes August 23, 2022.  Councimember Garcia made a motion to approve the meeting minutes for August 23, 2022 with the following correction: the minutes to be amended on page 4 by replacing "$ "with the money amount $44,400,000" per the language in the title of Ordinance No. 2022-27, seconded by Councilmember Herring. The motion passed 5-0.  5 PUBLIC HEARINGS AND RESOLUTIONIS):  5A. Resolution No. 52-2022. Al Resolution granting a Conditional Use Permit to authorize as Short-Term Rental Unit on the property consisting of Lots 23, 24, 25, and 26, Block 3, Riverhill TH 8 Addition; and more commonly known as 510 Preston Trail Loop E; 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. 52-2022 caption into record. Drew Paxton provided information and responded to questions. Mayor Eychner opened the public hearing at 6:37 p.m. Mayor Eychner closed the public hearing at 6:37 p.m.  No person(s) spoke.  Councilmember Clarkson made a motion to approve Resolution No. 52-2022, seconded by Councimember Hughes. Councimember Clarkson withdrew the motion for approval. Councimember Herring made a motion to adopt Resolution No. 52-2022 granting a Conditional Use Permit at this property, but limited to only that Casita as recommended by the Planning and Zoning Commission, seconded by Councimember Hughes. The  motion passed 5-0.  6 PUBLIC HEARINGS AND ORDINANCE(S), FIRST READING:  6A. Ordinance No. 2022-29. An Ordinance amending Chapter 60 of the Code of Ordinances, City of Kerrville, Texas, such chapter more commonly known as the City's Zoning Code; by changing the zoning for an approximate 7.1 acre tract out of the Wallace Survey No. 113, Abstract No. 347; said property more commonly known as 365 Clearwater Paseo Path; within the City of Kerrville, Kerr County, Texas; from a Multifamily Residential Zoning District (R-3) to al Public and Institutional Zoning District (PI); and providing other matters relating toi the subject.  Shelley McElhannon read Ordinance No. 2022-29 caption into record. Drew Paxton provided information and responded to questions. Mayor Eychner opened the public hearing at 6:41 p.m. Mayor Eychner closed the public hearing at 6:41 p.m.  No person(s) spoke.  Councimember Hughes made a motion to approve Ordinance No. 2022-29 on first reading, seconded by Councilmember Clarkson. The motion passed 5-0.    6B. Ordinance No. 2022-28. An Ordinance amending Chapter 60 oft the Code of Ordinances, City of Kerrville, Texas, such chapter more commonly known as the City's Zoning Code; by amending the Land Use Table as found within said Code by changing which Zoning Districts a Short-Term Rental Unit is authorized as a permitted or conditional use; adding a new Subsection (18) to Section 60-60 of the Zoning Code regarding Short-Term Rental Units; a providing a cumulative clause; providing for severability; providing an effective date; ordering publication; providing an effective date; and providing other matters related to the subject. Shelley McElhannon read Ordinance No. 2022-28 caption into record. Drew Paxton provided information and responded to questions. Mayor Eychner opened the public hearing at 6:48 p.m.  The following person(s) spoke: Nikki Caines Kim Richards Robin Perrin Bill White Jerry Stroud Errol Candy Robert Brooks Michael Killeen Jon Perrin Karen Sides Larry Howard Margaret Harrod  Libba Maddry (declined to speak when called)  Mayor Eychner closed the public hearing at 7:10 p.m.  Drew Paxton and E.A. Hoppe provided clarification, information, and responded to questions. Councilmember Garcia made a motion to approve Ordinance No. 2022-28 on first reading with an amendment to strike Section 2 on page 2, and seconded by Councimember  Hughes. The motion passed 5-0. 7 ORDINANCE(S). FIRST READING:  7A. Ordinance No. 2022-30. An Ordinance amending Chapter 30 Businesses" of the City's Code of Ordinances by adopting a new. Article VI "Bed and Breakfast Inns and Short-Term Rental Units"; requiring permitting and inspection for Bed and Breakfast Inns and 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 tot the subject.  Shelley McElhannon read Ordinance No. 2022-30 caption into record. Drew Paxton provided information and responded to questions. Jeremy Kerth (when called, was not in attendance)  The following person(s) spoke: Karen Sides Kim Richards Robin Perrin Sharon Mason Larry Howard    Jon Perrin  Drew Paxton provided information, and Drew Paxton and E.A. Hoppe responded to questions. Councilmember Clarkson made a motion to table Ordinance No. 2022-30 and direct staff to bring forward a plan to create an Ad Hoc Committee, seconded by Councilmember  Hughes. The motion passed 5-0.  At 8:15 p.m., Mayor Eychner called for recess of meeting. At 8:20 p.m., Mayor Eychner reconvened the meeting. 8 ORDINANCES, SECOND READING:  8A. Ordinance No. 2022-23, second reading. An Ordinance creating a "Planned Development District" (Zoning) for Light Commercial Uses and a Stand-Alone Parking Lot on an approximately 1.49 acre property, consisting of Lot 21-R, Block G, B.F. Cage Addition; within the City of Kerrville, Kerr County, Texas; and more commonly known as 820 Sidney Baker and 829 Clay Street; adopting a concept plan and conditions related to the development and use of said lot; and providing other matters relating to the subject. Drew! Paxton provided information andi the summary ofe edits, and Drew Paxton and Mike Hayes  Shelley McElhannon read Ordinance No. 2022-23 caption into record.  responded to questions. The following person(s) spoke: JuLee Reeves George Baroody Patrick Cohoon Marily Jo Stewart  Drew Paxton and Mike Hayes provided clarification, and responded to questions. Councilmember Garcia made a motion to deny the Ordinance. Mayor Eychner called for Mike Hayes presented summary of the edits, and will present Council with a clean final Councilmember Clarkson made a motion to table Ordinance No. 2022-23, seconded by 8B. Ordinance No. 2022-25, second reading. An Ordinance adopting the annual budget for the City of Kerrville, Texas, Fiscal Year 2023; providing appropriations for each City department and fund; containing a cumulative clause; and containing a savings and  as second, and the motion died for lack of second. version. Patrick Cohoon interjected comments.  Councimember Herring. The motion to table passed 5-0.  severability clause.  Shelley McElhannon read Ordinance No. 2022-25 caption into record.  The following person(s) spoke: George Baroody Peggy McKay  Julie Behrens provided clarification and presented information.    Councimember Clarkson made a motion to approve Ordinance No. 2022-25 to adopt the City's budget for Fiscal Year 2023 on second reading, seconded by Councimember  Hughes. The motion passed 5-0. Councilmember Roman Garcia Councilmember Kim Clarkson Mayor Judy Eychner Councimember Joe Herring, Jr. Councilmember Brenda Hughes  Roll call vote:  In Favor Opposed X X X X X  Councilmember Hughes made a motion to ratify the vote to adopt the budget that will require raising more revenue from property taxes than the previous fiscal year, seconded 8C. Ordinance No. 2022-26, second reading. An Ordinance levying an Ad Valorem Tax for the use and support oft thel Municipal Government fort the City of Kerrville, Texas, for Fiscal Year 2023; apportioning each levy for specific purposes; and providing whent taxes shall become due  by Councimember Herring. The motion passed 5-0.  and when same shall become delinquent if not paid.  Shelley McElhannon read Ordinance No. 2022-26 caption into record.  Julie Behrens provided information.  Councilmember Clarkson made a motion to approve Ordinance No. 2022-26 and that the property tax rate be increased by the adoption of a tax rate of $0.5750, which is effectively a1 12.90% percent increase in the tax rate, seconded by Councilmember Herring. The  motion passed 5-0. Roll call vote:  In Favor Opposed X X X X X  Councilmember Roman Garcia Councimember Kim Clarkson Mayor Judy Eychner Councimember Joe Herring, Jr. Councilmember Brenda Hughes  9 CONSIDERATION AND POSSIBLE ACTION:  9A. Resolution No. 51-2022. AI Resolution establishing a policy oft the City Council to set the  City's Parkland Dedication Fees for Fiscal Years 2023 through 2026. Shelley McElhannon read Resolution No. 51-2022 caption into record. Ashlea Boyle provided information and responded to questions.  Councimember Herring made a motion to adopt Resolution No. 51-2022 to establish a policy of the Parkland Dedication Fees for Fiscal Years 2023 through 2026, seconded by  Councilmember Hughes. The motion passed 5-0.    9B. Authorization to submit a funding application to the City of Kerrville, Texas Economic Improvement Corporation for a downtown infrastructure and beautification project along Clay Street from Main Street to Water Street and on Water Street from Clay Street to Councilmember Herring recused himself from items 9B and 9C as a conflict of interest, Michael Hornes provided information and Michael Hornes, E.A. Hoppe, and Mike Wittler Councilmember Hughes made a motion to authorize the request to submit a funding application to the City of Kerrville Texas Economic Improvement Corporation for a downtown infrastructure and beautification project, seconded by Councilmember 9C. Authorization to submit a funding application to the City of Kerrville, Texas Economic Improvement Corporation for Phase 1 of the Downtown River Trail extension, from the Tranquility Island Bridge to the Scenic Downtown Overlook, along with environmental permitting for all phases of the Downtown River Trail to the G Street bridge.  Sidney Baker.  and departed the bench at 9:12 p.m. responded to questions.  Shelley McElhannon read Item 9B caption into record.  Clarkson. The motion passed 4-0.  Shelley McElhannon read Item 9C caption into record.  Councilmember Herring remained recused from this item (9C) as a conflict of interest. Michael Hornes and E.A. Hoppe provided information and responded to questions.  The following person(s) spoke:  Larry Howard (when called, was not in attendance)  Councimember Hughes made a motion to authorize the request to submit a funding application to the City of Kerrville Texas Economic Improvement Corporation for Phase 1 of the proposed Downtown River Trail extension along with environmental permitting for all phases of the Downtown River Trail concept, seconded by Councilmember Clarkson.  The motion passed 4-0.  Councilmember Herring joined Council bench at 9:31 p.m.  9D. Authorization to submit a funding application to the City of Kerrville, Texas Economic  Improvement Corporation for a Fitness Court at Louise Hays Park. Shelley McElhannon read Item 9D caption into record.  Michael Hornes and Ashlea Boyle provided information and responded to questions.  The following person(s) spoke:  Larry Howard (was not in attendance)  Councimember Clarkson made a motion to authorize staff to submit a funding application to the City of Kerrville Texas Economic Improvement Corporation for a Fitness Court at Louise Hays Park, seconded by Councimember Garcia. The motion passed 5-0. 10A. Appointments to the Kerrville Area Youth Leadership Academy (KAYLA).  10 APPOINTMENTS:    Shelley McElhannon read Item 10A caption into record.  Megan Folkerts provided information.  Councilmember Garcia made a motion to appoint the six applicants which are Madison Collins, Gracelyn Geurin, Ellie Harper, Peter Lockwood, Corbyn Loftin, and Ryllee Paxton, 10B.Appointment of City of Kerrville delegate for the 2022 Texas Municipal League (TML)  seconded by Councimember Hughes. The motion passed 5-0.  Annual Conference business meeting.  Shelley McElhannon read item 10B caption into record. Councilmember Garcia provided information.  Councilmember Clarkson moved to appoint Mayor Eychner as our delegate to serve the annual business meeting to be held during the 2022 TML Annual Conference, seconded  by Councimember Hughes. This motion was approved 5-0. 11A.Appointments to the Senior Services Advisory Committee. Shelley McElhannon read Item 11A caption into record.  11 BOARD APPOINTMENTS:  Councilmember Clarkson made a motion to approve Tammie Heathman tot the Senior Services Advisory Committee, seconded by Councilmember Herring. The motion passed 5-0.  10 EXECUTIVE SESSION: None  11 ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY: N/A  12 ITEM(S)FOR FUTURE AGENDAS:  Councimember Garcia - requested to remove the second City Council meeting in November and the second City Council meeting in December by Ordinance, instead  of an annual Resolution.  ADJOURN. The meeting adjourned at 9:44 p.m. APPROVED BY COUNCIL: 9/an/20a2  APPROVED:  ATTEST:  Mayor  Shelley McElhahnon,  Qumgpsen  City/Secretary  Eick