Polly Reynolds of 691 La Buena Vista Drive Stated That She Was Dumbfounded That a Group Of

City of Wimberley City Hall 221 Stillwater Wimberley Texas 78676 Minutes of Regular Meeting of City Council August 19 2010 at 600 pm

City Council meeting called to order at 600 pm by Mayor Bob Flocke Mayor Flocke gave the Invocation and Councilmembers led the Pledge of Allegiance to the United States and Texas flags

Councilmembers Present Mayor Bob Flocke and Councilmembers Charles Roccaforte Mac McCullough Bill Appleman Steve Thurber and John White

Staff Present City Administrator Don Ferguson City Secretary Cara McPartland and City Attorney Cindy Crosby

Citizens Communications

Dr Jan Strickland of 210 South River thanked Council and presented a petition containing 574 signatures against the closing of Las Flores Road attached lo these minutes She hoped that Council will recognize this petition as an indication of how upset taxpayers are about the privatization of a public asset She stated that closure transforms the issue from one of public safety to one of equity and taxation Dr Strickland felt that closure has simply redirected the traffic problem to another road and another set of citizens while failing to address the original traffic safety issues directly She stated that Council may view Las Flores closure as a compromise solution but the majority of taxpayers consider such closure a capitulation She hoped that Council will be flexible enough to reconsider this decision and assured that this is not an issue that will go away

Polly Reynolds of 691 La Buena Vista Drive stated that she was dumbfounded that a group of men elected to serve the citizens and make decisions to take the City into the future decided to spend 155000 of taxpayers money to upgrade a road and then block it off She felt that a worst decision could not have been made by rerouting traffic to an unsafe road where people speed in front of an elementary school Ms Reynolds stated that she will devote her time and energy to changing the face of Council so we can get some people with real problem solving skills who care about the majority voice and do not cater to the desires of a select few

Raul Davila of 35 La Buena Vista stated that the problem is now redirected to La Buena Vista because Las Flores residents won the fight Mr Davila recounted a conversation with City Administrator Ferguson which he felt affirmed the action to close Las Flores Drive whether or not other residents were in agreement He stated that now La Buena Vista will get 100 of the traffic when before closure approximately 85 of cut through traffic used Las Flores Mr Davila asked when speed humps would be installed and City Administrator Ferguson replied that two speed humps are scheduled for installation in September with the possible addition of two more speed humps if deemed necessary In response to Mr Davilas inquiry about traffic Administrator enforcement City Ferguson replied that enforcement will be present by the start of 7

the school year Mr Davila felt that La Buena Vista residents will have to undertake the same measures used by Las Flores residents to control traffic

Madonna Kimball of 6 De Luna stated that she was here tonight to talk about safety not this stupid decision that was made Referring to Councilmember Applemans prior connnents regarding safety Mrs Kimball advised that there is a dangerous curve on La Buena Vista displayed photos illustrating specific safety issues and asked for Councils reconsideration She thought that the previously mentioned petition against Las Flores closure and safety concerns should provide enough reasons for Council to revisit this issue

Donald Black of 38 La Buena Vista believed that a governmental entitys decision to spend money on road projects was for the benefit of all who use public roadways He conceded the existence of speeding problems on Las Flores Drive but felt that speeding is a problem on every public road He stated that blocking off Las Flores does not solve the problem but moves it to another street that did not get 150000 worth of road improvements Mr Black equated the Las Flores culdesac to spending the money to build Winters Mill Parkway and blocking it off on one end because cars speed on the bypass Although it would be publicly accessible Mr Black stated that it would not be advantageous to drive on it except for the residents who live on either Las Flores or La Buena Vista He believed that closing streets to solve speeding will only increase problems on altemate routes Mr Black stated that the decision to close Las Flores Drive does not benefit anyone except for the people who live there and possibly not all of them

Jean Veriato of 8 Las Flores commended Council on closing Las Flores which she felt has helped the neighborhood by lessening traffic and hoped that vehicles will slow down due to the natural bends and future speed humps on La Buena Vista She stated that closure is going to work by reducing cut through traffic and appreciated the benefits to residents If there is more traffic on FM 2325 and Ranch Road 12 due to the closure Ms Veriato stated that drivers will just have to slow down theyre not going to be able to speed because theres more cars She said that closure has a lot of benefits and expressed appreciation to Council

Cliff Strickland of 210 South River referred to a letter dated July 26 2010 attached to these minutes and stated that closure of Las Flores is a terrible policy which has turned a traffic control issue into a property issue He questioned whether it makes sense to spend 150000 on improving a road that is subsequently closed He felt that a lack of political will led to Councils decisions that only benefitted twelve households Mr Stricldand noted that he lives on a private street but pays for it himself and does not ask the taxpayers to maintain it

Denny McCoy who works at 151 Las Flores spoke of his online research of traffic calming devices which yielded voluminous results He recalled prior comments made at the public meeting held on June 29 2010 at the Wimberley Community Center which favored use of devices such as speed humps He stated that use of traffic calming devices sets a better precedent than closure and encouraged Council to consider the multitude of ideas available that do not include closure as an option

Rhondda Cotton of 451 La Buena Vista stated that she lives at the end of the ugliest dead end street I have ever seen She asked whether the original goal as a community was to control speeding on Las Flores with some affirmative responses from unidentified audience members Ms Cotten said are speed humps the solution She stated that closure only moves the problem to 3

La Buena Vista but does not solve it Ms Cotten cited increased school enrollment and feared that traffic problems will increase in other areas such as Jacobs Well Road where money could have been better spent than for a closed road Las Flores Drive She questioned why money was spent for Las Flores improvements when past speed hump requests were reportedly too costly Ms Cotton encouraged Council to consider speed humps as a solution

1 Consent Agenda

A Approval of the minutes of the regular City Council meeting of August 5 2010 B Approval of a consensus appointment to the City of Wimberley Planning and Zoning Commission Nomineesfor the position are Beth Mitchell and Barry Tyler Per Second Addendum to the Regular Agenda Nominees for the position are Beth Mitchell and Rick Burleson

Councilmember Thurber pulled Consent Agenda Item 1B

Councilmember Thurber moved to approve Consent Agenda Item 1A as presented Councilmember Appleman seconded Motion carried on a vote of 50

Because there are two nominees for the Planning and Zoning Conunission consensus position Mayor Flocke proposed that each member of Council cast a vote for one of the nominees

In response to Councilmember Thurber Mayor Flocke replied that Beth Mitchell has not submitted a written application for the consensus position Rick Burlesons application was distributed to Council prior to the meeting and is attached to these minutes Councilmember Thurber spoke in support of Rick Burleson and highlighted his background and qualifications Mayor Flocke recommended Beth Mitchell as ideal for the position and felt that she would bring a different voice and perspective to the Commission He stated that all losing candidates were offered the position and Mrs Mitchell was the only candidate expressing a desire to serve Mayor Flocke noted that because Mrs Mitchell currently serves on the Water Wastewater Advisory Board he did not think an application was necessary

Councilmember Appleman was pleased that there are two qualified candidates willing to serve on the Planning and Zoning Commission and hoped that at some point both candidates might be able to serve Because of Mrs Mitchells commitment to run for office Councilmember Appleman favored her appointment and felt she will provide a new perspective for the Planning and Zoning Commission

Councilmember Roccaforte liked both candidates but favored Beth Mitchell because he thought highly of her commitment to run for public office

Councilmember McCullough recognized Beth Mitchells qualifications but felt that Rick Burleson is better suited to serve on Planning and Zoning

Mayor Flocke clarified for Councilmember White the voting procedure for each nominee He did not express a preference for either nominee 4

Councilmember Thurber felt that Rick Burleson is far better qualified for a position on Planning and Zoning and would serve a broader base of the community not just one side or the other

Mayor Flocke stated that the consensus appointee should represent a consensus of the Council

Mayor Flocke called for a vote as follows

Vote Cast in Favor of Councilmember Roccaforte Beth Mitchell Councilmember McCullough Rick Burleson Councilmember Appleman Beth Mitchell Councilmember Thurber Rick Burleson Councilmember White Beth Mitchell

Beth Mitchell was appointed as the consensus member of the Planning and Zoning Commission in a 32 vote

2 Presentations

A Presentation by representatives of the Wimberley Independent School District WISD on the August 21 2010 WISD tax rollback election Dwain York WISD Superintendent Dwain York explained the upcoming August 21 tax swap election which changes the allocations to the Interest and Sinking I S and Maintenance and Operation M 0 funds without any increase in the overall tax rate He detailed reasons supporting the tax swap and compared WISDs low tax rate to surrounding districts Mr York noted that increased M 0 funds will be allocated strictly for teacherstaff salaries and program enhancementmaintenance Mr York offered to answer questions

WISD Board member Melissa Young added that voting for the tax swap does not increase WISD taxestax rate and noted that the twocents 02 that will move from I S to M 0 is not subject to the Robin Hood recapture owed to the State of Texas

Mr York replied negatively to Sylvia Banks inquiry about future tax increases resulting from this tax swap election He reiterated voting times and polling location Mayor Flocke encouraged everyone to vote and expressed his appreciation to WISD for its contribution to Wimberley

B Presentation by representatives of Design Workshop on the Construction Documentation Phase of the Blue Hole Regional Park Development Project Steven Spears Design Workshop

Steven Spears reviewed project phasing and reminded that project information may be obtained at wwwwimberleyblueholecom Mr Spears presentation included details on the following

Proposed design and site plan Cost estimates Key project dates 5

Bidding process and associated deadlines Environmental community art and economic goals Mr Spears concluded his presentation by asking for Councils approval of the plans and information in the Construction Documentation Phase Report for the Blue Hole Regional Park Development Project

3 City Administrator Report

This item was heard after Agenda Item 6G

Status report on the efforts underway to secure federal funding for the downtown wastewater project

City Administrator Ferguson reported on upcoming meetings and advised that presentation of the Citys loan application has been scheduled for September by the Texas Water Development Board

Status report on the reconstruction of Las Flores Drive La Pais Drive and Palos Verdes Drive

City Administrator Ferguson reported that paving is complete and striping is scheduled to start in about two weeks Barricades are installed at the culdesac with landscaping and signage to follow Two speed humps are to be installed on La Buena Vista Drive in early September The project has proceeded ahead ofschedule and is anticipated to be completed under budget

Status report on the FEMA Flood Map Revision Project City Administrator Ferguson reported on efforts underway to update Hays County floodplain maps to more accurately reflect base floodwayfloodplain elevationslimits pending completion of a regional drainage study Preliminary FEMA maps are anticipated early next summer

Status report on preparations for the upcoming Special Election for City Council Place Two on September 18 2010

City Administrator Ferguson reported that candidates will be informed of the upcoming formal ballot test Votingearly voting dates times and location were reviewed

Status report on the operation of the Blue Hole Regional Park City Administrator Ferguson reported on season attendance in excess of 13000 visitors to date record gate receipts and decreased season pass issuance Weekend only hours are in effect as the start of school year approaches For future seasons discussion addressed ways to keep the park open every day during the two weeks prior to the start of the school year Discussion established that the barricades at the new Las Flores Drive culdesac are permanent with landscaping to follow Comments favored presenting the City Administrators Report earlier in the meeting 6

4 Public Hearing and Possible Action

A Hold a public hearing and consider approval of an ordinance of the City of Wimberley amending Section 155 Zoning Appendix F of the Code of Wimberley designating geographic boundaries for a particular zoning district and classification for property located at 7 Palos Verdes Wimberley Hays County Texas designating such property from Single Family Residential 2 R2 to Single Family Residential 3 R3 and providing for the following delineation on zoning map severability effective date and proper notice and meeting Michelle Grace Applicant

This item was heard after Consent Agenda Item 6D

City Administrator Ferguson reported on the subject propertys location acreage and currentproposed zoning and uses He explained the need for proper zoning prior to approval of the accompanying Amending Plat application which decreases the size of Lot 3 necessitating a zoning change see next Agenda Item 4B He reported that the Planning and Zoning Commission unanimously recommended approval

No public continents were heard

Discussion clarified the purpose of the requested subdivision and the subject propertys existingproposed structures

Councilmember Appleman moved to approve the item as presented Councilmember Thurber seconded Motion carried on a vote of 5 0

13 Hold a public hearing and consider approval of an application for an Amending Plat of Lots 2 3 and 4 Block 2 Woodcreek Section 3 on Palos Verdes Drive Wimberley Hays County Texas and an associated variance from Section 154063C of the City Subdivision Code requiring lots to be rectangular in size and conform to the average depth to average width ratio Garrett Allen Michelle Grace Applicants City Administrator Ferguson displayed the subject propertys location lot configuration and existingproposed structures Although the Amending Plat request could be handled as an administrative matter he stated that the included variance request requires Council action It was noted that the Planning and Zoning unanimously recommended approval

No public comments were heard

Councilmember Appleman moved to approve the item as presented Councilmember Thurber seconded Motion carried on a vote of 50

C Hold a public hearing and consider an ordinance approving an application for a conditional use permit submitted by Thomas Nancy Payte to permit the construction and use of a secondary residential structure on a 516 acre tract located at 260 Panther Crossing Wimberley Texas zoned Residential Acreage RA and providing for of findings fact amendment of the zoning district map repealer severability effective 7

date proper notice and meeting and providing for certain conditions Thomas Nancy Payte Applicants

City Administrator Ferguson reported on the subject propertys location acreage and the proposed 3200 squarefoot secondary residential structure He noted that the Planning and Zoning Commission heard no comments on the application and unanimously recommended approval City Administrator Ferguson displayed the lot configuration existingproposed structure location and site plan

No public comments were heard

Councilmember Roccaforte moved to approve the item as presented Councilmember Appleman seconded Motion carried on a vote of 50

D Hold a public hearing and consider approval of an ordinance of the City of Wimberley amending Ordinance No ZA01 023 which designated the geographic boundaries for a Planned Unit Development PUD zoning district classification for real property located at 100 W Spoke hill Drive Wimberley hays County Texas in order to amend the development regulations imposed on such property and providing for the following findings of fact severability effective date and proper notice and meeting A Yellow Rose Applicant

City Administrator Ferguson provided background information on the original PUD agreement allowing for development of the subject property known as Blair House Inn The applicant wishes to add two 2 680 squarefoot cabins and one 1 2200 squarefoot single family residence along with additional parking It was noted that the revised site plan relocates the placement of potential tennis courts Since the original 2001 PUD agreement standard language has been adopted for approved development agreements allowing for administrative approval of minor changes This standard language is incorporated in the proposed ordinance to allow for administrative approval of any future amendments if requested City Administrator Ferguson noted that water service is provided by permitted onsite septic facilities not by Wimberley Water Supply Corporation as stated in staffs report He advised that the Planning and Zoning Commission unanimously recommended approval

Councilmember Roccaforte recused himself from the meeting at this time due to a possible conflict of interest

No public comments were heard

Discussion addressed the possibility of rainwater harvesting and various options for collection

Councilmember Thurber moved to approve the item as presented Councilmember Appleman seconded Motion carried on a vote of 40

Councilmember Roccaforte rejoined the meeting at this time

E Hold a public hearing and consider approval of the first reading of an ordinance of the City of Wimberley Texas amending Chapter 155 Zoning of the Code of Ordinances by 8

adding a new section and creating a new zoning classification to read as follows 155063 Rural Retreat 1 RR1 in order to specify the permitted and conditional uses and development standards related to same and providing for the following penalty findings of fact repealer severability effective date and proper notice and meeting City ildininisirator

Councilmember White recused himself from the meeting at this time due to a possible conflict of interest

City Administrator Ferguson provided background infornration on development of the draft ordinance reasoning for creation of an RR1 zoning district specific pre existing non conforming uses extensive Planning and Zoning Commission discussions and public input He reported on Planning and Zonings August 12 recommendation to approve the new RR1 zoning district requiring a minimum lot size of twenty 20 acres prohibiting RR1 zoning within the Protected Water Overlay District PWOD and only allowing RR1 zoning for properties in Planning Areas I and II For three specific pre existing non conforming properties Rio Bonito Resort 7A Resort and Rocky River Ranch Planning and Zoning directed staff to prepare for consideration by the Commission and City Council Cityinitiated modified WPDD agreements at no cost to the subject property owners which would allow for reasonable growth of the existing operations

Mayor Flocke called for a brief recess at this time 815 pm Mayor Flocice reconvened the meeting at 820 pm

No public comments were heard

Rio Bonito Resort owner Cindy Meeks offered to answer questions if needed

Planning and Zoning Commissioner Klepfer stated the importance of certain issues such as density controls and emphasized that the modified WPDD agreements with the three previously mentioned resort property owners would be City initiated at no cost to the applicants except for pass through fees Commissioner Klepfer pointed out specific density control measures proposed in order to protect surrounding residential uses

Discussion clarified the proposed minimum lot size of twenty 20 acres established that no opposition to the latest draft ordinance was heard at the Commissions public hearing and addressed the need to allow historical uses to continue with reasonable accommodations for expansion Clarification was provided to Councilmember McCullough on the standards used to determine whether a property is in compliance with regulations relating to buildings in proximity to waterways In response to Councilmember Thurber Commissioner Klepfer stated that the Commission will be reviewing definitions such as bed and breakfast and lodging Councilmember McCullough moved to approve the item as presented Councilmember Thurber seconded Motion carried on a vote of 40

F Hold a public hearing and consider approval of the first reading of an ordinance of the City of Wimberley Texas amending Chapter 155 Zoning of the Code of Ordinances certain subsections of Section 155023 Districts Established Designation and Review in 9

order to add the Rural Retreat 1 RR1 as a base zoning district and revise the planning areas accordingly and providing for the following penalty findings of fact repealer severability effective date and proper notice and meeting City Administrator City Administrator Ferguson explained the need to designate the planning areas where RR1 zoning would be allowed

No public comments were heard

Councilmember Appleman moved to approve the item as presented Councilmember Thurber seconded Motion carried on a vote of 40

Councilmember White rejoined the meeting at this time

5 Ordinances

Consider approval of the second and final reading of an ordinance of the City of Wimberley Texas amending Title III Administration Section 3501 Fee Schedule of the Code of Ordinances to amend Subsection D Zoning Schedule of Fees to add an application fee to amend approved Wimberley Planned Development District WPDD zoning ordinances and providing findings offact a repealing clause to provide a savings and severability clause and providing for an effective date City Administrator City Administrator Ferguson explained that currently an applicant is required to pay the same fee for a WPDD amendment however minor that is required for an initial WPDD application which can sometimes exceed 1000 In the interest of fairness and affordability City Administrator Ferguson recommended establishment of a flat 500 fee for amendments with the applicant assuming the standard responsibility for paying any pass through engineeringlegal fees

Councilmember Thurber moved to approve the item as presented Councilmember White seconded Motion carried on a vote of 50

6 Discussion and Possible Action

A Discuss and consider approval of the plans and information in the Construction Documentation Phase Report for the Blue Hole Regional Park Development Project City Administrator

This item was heard after Agenda Item 2B

Councilmember Thurber moved to approve the item as presented Councilmember Appleman seconded Motion carried on a vote of 5 0

B Discuss and consider approval of a contract law enforcement program for the City of Wimberley and authorizing the transfer of an amount not to exceed 1500 from the City of Fund Balance for Wimberley the purpose of funding such a program and amending the 10

Fiscal Year 2010 City of Wimberley General Fund Budget to reflect the transfer and expenditures City Administrator

This item was heard after Agenda Item 5

City Administrator Ferguson explained the proposal to use offduty contract Hays County Sheriffs Office IICSO deputies to patrol Wimberley streets Deputies would be available to enforce ordinances such as noise and fireworks regulations but the primary focus will be on traffic enforcement He stated that offduty deputies would work twelve 12 hours per week in four 4 hour shifts at a rate of 25 per hour with no charge for vehicles Citations issued under the program would be processed in the City of Wimberley Municipal Court

In response to Gary Callons inquiry about the need for additional law enforcement Mayor Flocke stated that the City needs to have the ability to concentrate patrol officers at dedicated problem areas during specific times hr contrast to Bill Wilsons previous continents about lack of response from IICSO Mr Callon stated that upon request 1ICSO has responded promptly with several deputies

In response to Councilmember Thurber City Administrator Ferguson replied that contract personnel will be in place for schoolrelated traffic enforcement in early September Councilmember Appleman thanked Councilmember McCullough for suggesting contract law enforcement as an economical option but cautioned against giving the impression to the public that contract deputies on a limited schedule can provide ondemand service City Administrator Ferguson concurred and clarified that the focus of this program is traffic enforcement not for 911 emergency calls which should be handled by IICSO not City Hall

Councilmember McCullough moved to approve the item as presented Councilmember Appleman seconded Motion carried on a vote of 50

C Discuss and consider approval of a proposal to extend the City of Wimberleys solid wasterecycling contract with Texas Disposal Systems TDS City Administrator

City Administrator Ferguson presented details on two propositions including information on single stream recycling residentialcommercial collection containers rates and optional services such as curbside bulky waste collection and periodic citywide cleanups with married drop sites Proposals from TDS are attached to these minutes Rates for voluntary participation versus mandatory collection were compared with a 1 decrease in mandated monthly service The key difference between the two propositions is in the size of the containers to be provided for single stream residential recycling

TDS representative Rick Fraumann thanked Council for the opportunity to serve Wimberley and spoke of increasing customer requests for enhanced recycling services He invited Council and staff to tour TDS new Creedmoor recycling facility set to open October 1 2010 Mr Fraumann noted primary differences between the two propositions For commercial customers Mr Fraumann stated that as recycling increases the amount of waste collected and associated cost decreases 11

Discussion addressed the need for public education discount programs impact on specific customers compaction bulky waste collection options recycling incentives commercial versus residential rates mandatory participation and associated cost control advantages ofsingle stream recycling pay as you throw fees green waste and composting and need for public input before deciding on mandating service

It was agreed to continue this item in order to obtain public input No vote was taken

D Discuss and consider possible approval of a proposed Fiscal Year 2011 Work Plan and Budget for the Wimberley Wastewater Treatment Plant System serving the Deer Creek Rehabilitation Center City Administrator

This item was heard after Agenda Item 6F

Guadalupe Blanco River Authority GBRA Division Manager Darel Ball introduced other GBRA representatives and provided details on the plants maintenance program noise abatement revenuesexpenditures unit cost rate decrease and specific budget line items City Administrator Ferguson advised that the Water Wastewater Advisory Board unanimously recommended approval of the Fiscal Year 2011 Work Plan and Budget

Councilmember Thurber moved to approve the item as presented Councilmember White seconded Motion carried on a vote of 50

E Discuss and consider possible action on issues relating to the development of the Fiscal Year 2011 Operating Budget for the City of WimberleyCity Administrator this agenda item will be discussed at 7pm

This item was heard after Agenda Item 8

City Administrator Ferguson reviewed the budget process and Mayor Flocke advised that the proposed balanced budget has been filed with City Secretary Specifics of revenuesexpenditures included

Total balanced budget in the amount 964838 Drainageroadway improvements Sidewalk engineeringconstruction Wimberley Community Center WCC operations Contract law enforcement Final phase of the boundary survey Road maintenance reserve transfer Contract sanitarian Y park initial development Fireworks display Revenue projections including sales taxes franchise fees development fees WCC fees and municipal court fines Possible mandatory solid waste collection in order to increase franchise revenue Budget decrease of approximately fourteen percent 14 from FY 2010 12

Public safety expenditures relating to critical drainage repairs roads maintenance and contract law enforcement

Mayor Flocke asked that Council forward any budget suggestions to City Administrator Ferguson

Margie Loving of 241 Dobie Drive requested repairssidewalks for River Road and felt that walking and driving is dangerous Mayor Flocke noted that sidewalks along Oak Drive to the Square are included in the proposed budget

Dorothea Dare requested sidewalks along River Road between Ranch Road 12 and Lange Road to improve pedestrian mobility and wheelchair accessibility City Administrator Ferguson directed Councils attention to a petition for installation submitted by Ms Dare in support of sidewalks for Wimberley attached to these minutes

Ron Freeman offered to help with the budget process suggested beginning the process earlier and recommended the inclusion of a balance sheet in the budget He advocated a strategic plan for the Wimberley Community Center which includes a projection of activities for three to five years that is used to evaluate the Citys decisions such as hiring of WCC personnel rentalfee policy and marketing

Planning and Zoning Commissioner David Glenn distributed a statement attached to these minutes which stressed the need to investigate alternative sources of income He cited specific expenditures and revenue sources Commissioner Glenn urged Council to pursue a public process that will review and evaluate alternate sources of income such as ad valorem or other taxes fees per personhouseholdproperty districts that extend representation and funding beyond city limits possible mergercost sharing with City of Woodcreelc and any other viable options

Bill Wilson manager of a local RV park suggested traffic enforcement concentrated in the area of the former Baptist church site at Old Kyle Road and FM 3237 and pointed out specific safety issues at that intersection Mr Wilson cited lack of response and questioned the ability of Hays County Sheriffs Office to provide prompt local enforcement due to limited staff

Councilmember Appleman felt that the City must appropriate revenues in an amount adequate to maintain roads as a basic service of primary importance IIe stated that the problem is limited revenue sources and questioned the fairness of asking citizens to pay more taxes Councilmember Appleman thanked City Administrator Ferguson and the Transportation Advisory Board TAB for developing a tenyear capital improvement plan for roads but preferred a fiveyear timeline Unless adequate expenditures are made for street improvements he cautioned that the current tenyear plan could turn into an unacceptable fortyyear plan If Council desires to add expenditures to the budget Mayor Flocke noted that such expenditures should be accompanied by corresponding cuts in other areas

Referring to Commissioner Glenns prior statement regarding alternate revenue sources Dorothea Dare asked for information on the types of fees proposed Mayor Flocke advised Ms Dare to get clarification from Commissioner Glenn after the meeting 13

As a suggested alternate revenue source Planning and Zoning Commissioner Lila McCall stated that a comfort fee as opposed to tax of possibly 50 to 75 per household could be imposed in order for the City to float a bond issue

It was agreed that a special budget workshop will be needed No action was taken on this item

F Discuss and consider possible action regarding the future formation of a budget advisory board and other methods of enhancing public involvement in the budget process City Administrato

City Administrator Ferguson requested Councils input on ways to engage the public as early as possible in the budget process He suggested developing an action plan that will start the budget process earlier and increase opportunities for public input

Mayor Flocke proposed that Council and citizens submit ideas to City Administrator Ferguson to facilitate development of the suggested action plan

No vote was taken on this item

G Discuss and consider possible action on a proposed speed hump policy for the City of Wimberley Texas CityAdministralor

This item was heard after Agenda Item 6C

Councilmember Thurber moved to continue this item until Councils next regular meeting Councilmember McCullough seconded At City Administrator Fergusons suggestion Councilmember Thurber amended his motion to consider this item at a later date when demand dictates Councilmember McCullough seconded Motion carried on a vote of 50

7 City Council Reports Announcements Future Agenda Items

This item was heard after Agenda Item 3

City Administrator Ferguson clarified budget development procedures and statutory budget requirements There was general agreement to begin the budget process earlier in future fiscal years It was agreed that Council will work with City Administrator Ferguson to arrive at an acceptable datetime for a special budget workshop meeting the week ofAugust 23 2010

Hearing no further announcements or future agenda item requests Mayor Flocke called the meeting adjourned at 942 pm

Adjournment Council meeting adjourned at 942 pm 14

Addendum to the Regular Agenda

8 Executive Session

hi accordance with Texas Government Code Subchapter D the City Council may convene in a closed session After the executive session discussion on any of the following items anyfinal action or vote taken will be in public

Consultation with attorney regarding Council Member Place Two the effect of the election contest filed in the 207 District Court Hays County Cause No 101076 on such position and other matters related to the Special Election to be held on September 18 2010

This item was heard after Agenda Item 6A

Mayor Flocke adjourned Open Session and convened Executive Session at 647 pm pursuant to 551071 of the Government Code for consultation with legal counsel

Mayor Flocke adjourned Executive Session and reconvened Open Session at 714 pm

No action was taken in Executive Session

Following Executive Session City Attorney Crosby stated the following Mayor and City Council Cindy Crosby City Attorney for the City of Wimberley thank you for your time As you know with all election contests they can be very controversial and cause a divide in the community As the Citys attorney I hope to clear up some of the confusion surrounding the Citys role in an election contest Its very clear that the City is not a party to the election contest We did not go to court as a party in this matter There have been public statements that Councilmember McCullough should not be present at Council meetings as the court has found the election void There are complex constitutional statutory and case law issues involving the analysis of this matter as well as a determination as to what is the legal process to follow to remove a council member As you know each party has their own attorney and has received different advice on this election contest I have evaluated these legal principles and as the City is not a party to this matter it is my opinion that the status quo should be maintained and all Council action is and has been and will be valid up through the Special Election date I have provided City Council the full analysis in Executive Session and as your attorney that information can remain confidential and will as it was done in Executive Session Ifthere are any further questions please feel free to contact me Thank you

No action was taken in Open Session 15

Recorded by

r LAIL tte1 coma Cara McPartland

These minutes approved on the 2 of September 2010

APPROVED 5Exr l ora 7

a a r Bob Flocke Mayor 41 kYr a ied

Ica o Wi rtherley Fa 4ket PETITION AGAINST CLOSITTG LAS FLO i S ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM a1

PETITION AGAINST LAS FLOP ES CLOSING

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM Sr L1 YVL Ui Floc ir C ETITIN AGAINST LOSING L ir S ROAD a 599

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM EL

PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 61Csi PETITION AGAINST CLOSING LAS FLORES ROAD

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AUGUST 19TH 6PM PETITION AGAINST CL S 1 G LAS li ORES B OA1

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FO S ROAD

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PLEASE ATTEND CITY COTJCIL MEETING

AUGUST 19TH 6PM PieTITION AGAINST CLOSING LAS FLORES RA

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AUGUST 4 k11 Ns S 3 3 7i4 66r pgrefior 19TIi6P1 J a3 dZIO 5 PETITION AGAINST CLOSING LAS FLORES ROAD

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AUGUST 19TH 6PM R SC31 C

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PLEASE ATTEND CITY COUCIL MEETING 7 uR204 AUGUST 19TH 6PM I PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM

0 PETITION AGAINST LSI G LAS FLORES ROA

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD C Edw p Jae tUysiy7

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J PLEASE ATTEND CITY COUCIL MEETING AUGUST 19TII 6PM PETITION Cif c AGAINST CLOSING tr ta7 LAS FLORES ROAD l

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PLEASE ATTEND CITY COUCIL MEETING AUGUST 19T11 6PM t

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PLEASE ATTEND CITY CUCIL MEETING

AUGUST 19TEI 6PM KTI IO V AGAINST CLOSING 1 AS FLORES OA i

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AUGUST 19TH 6PM PE In A RAINST CT OSINIc r A rre pro A n

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AUGUST ai11 6 M PFTITION A 05 A INST ik9SING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

A UGUST 19TH 6PM

4 V y PETIT I N AGAINST CLOSING LS FLORES ROAD

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AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS ISII RES ROA 1

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

Name Address Phone

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PLEASE ATTEND CITY COUCIL MEETING AUGUST 19T11 6PM 4

PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TI4 6PM PETITIONIN AGAINST LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

Name Address Phone 1 i JLt7 G s C2 7 C 2 A r1L AZ Jd c2y ae L g7z7C7 776 0 3 J L A 4 Y i g7 4 CLe i3 et VO

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19T11 6PM PETITION AGAINST CLOSING LAS FLORES ROAD

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PLEASE ATTEND CITY COUCIL MEETING

AUGUST 19TH 6PM PETITION

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PLEA ATTEND CITY COUCH MFETING

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Please sign this petition only once If you would like to help with this effort email Dorothea Dare at makeitbetter2010@hotmailcom

The section of RR 2325 from the junction of RR 12 to Carney Lane serves three schoohs the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section

of River Rd between RR12 and Lange Laneis dangerous and a sidewalk should be installed so thitti people will not have to walk in the road in the ditch or the terribly eroded median CITY o V rcLey 1 yam rrj X

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The section ofRR 2325 from the junction ofRR 12 to Carney Lane serves three schools the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is no safe place to walls We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River Rd between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to walls in the road in the ditch or the terribly eroded median

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The section of RR 2325 from the junction of RR 12 to Carney Lane serves three schools the Library three churches fire epartmen po ic on Y arcet Days restaurants and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River Rd between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to walk the road in the ditch or the terribly eroded median

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Please sign this petition only once If you would like to help with this effort email Dorothea Dare at makeitbetter2010 @botmailcom

The section of RR 2325 from the junction of RR 12 to Carney Lane serves three schools the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River Rd between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to walk in the road in the ditch or the terribly eroded median rit lb

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The section ofRR 2325 from the junction of RR 12 to Carney Lane serves three schools the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewallcs should be corrected as soon as possible We also believe the section of er Rd between 2 and Lange Lane is dangerous and a sidewalk should be installed so that peop e will not have to walk in the road in the ditch or the terribly eroded median ash 02A r 7 76 1 S1 vc pnrsTyp y ti erTcrUlth RtLS 4112 7 i I 2 iLLLj if Y I Ittthj A 7

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Please sign this petition only once If you would like to help with this effort email Dorothea Dare at makeitbetter2010@hotmailcomhotmailcom

The section of RR 2325 from the junction of RR 12 to Carney Lane serves three schools the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River Rd between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to walk in the road in the ditch or the terribly eroded median

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L 1 i4 1 nil a Al L n a 7 it teceived By Petititions will be picked up between August 1618 ate Petition for Installation o Sidewalk Wimberley Please sign this petition only once If you would like to help with this effort email Dorothea Dare at makeitbetter2010@hotmailcomhotmailcom

The section of RR 2325 from the junction of RR 12 to Carney Lane serves three schools the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is no safe place to wallc We the undersigned believe this dangerous lack of sidewallcs should be corrected as soon as possible We also believe the section of River Rd between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to wallc in the road in the ditch or the terribly eroded median

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Petiitions will be picked up between August 1618 Pettition for Installation of Sidewalks in Wimberley

The section of RR 2325 from the junction of RR 12 to Carney Lane servers three schools the Librarythree churches fire department police station EMS Market Days restaurant and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River RD between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to walk in the road in the ditch or the terribly eroded median

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Petiitions will be picked up between August 1618 Pettition for Installation of Sidewalks in Wimberley

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Petiitions will be picked up between August 1618 Pettition for Installation of Sidewalks in Wimberley

The section of RR 2325 from the junction of RR 12 to Carney Lane servers three schools the Librarythree churches fire department police station EMS Market Days restaurant and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River RD between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have tcwalk in the road in the ditch or the terribly eroded median

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Date Petititions will be picked up between August 1618 g Petition for Installation of Sidewalks in Wimberley Please sign this petition only once If you would like to help with this effort email Dorothea Dare at makeitbetter2010@hotmailcomhotmailcom

The section of RR 2325 from the junction ofRR 12 to Carney Lane serves three schools the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is 110 safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River Rd between RRI2 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to walls in the road in the ditch or the terribly eroded median it 2 rO Ac C alp d 7 e rim A oiJ 7c6 76 0 eye q U 2 I oLe I 1 Ai 7g7 a o a j7 pcnyz s z 4 76 rT6 1 lr 1l r

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Petiitions will be picked up between August 1618 Pettition for Installaticin oSidewalkslin Wimberley

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The section of RR 2325 from the junction of RR 12 to Carney Lane serves three schools the Library three churches fire department police station EMS Market Days restaurants and numerous commercial enterprises but there is no safe place to walk We the undersigned believe this dangerous lack of sidewalks should be corrected as soon as possible We also believe the section of River Rd between RR12 and Lange Lane is dangerous and a sidewalk should be installed so that people will not have to walk in the road in the ditch or the terribly eroded median

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i i ciff 4 27c CLIFF STRICKLAND POB 1968 W IMBERLEY TX 78676

July 26 2010

Mayor and City Council Wimberley TX

Dear Mayor and Councilmen

I have been watching the recent Las Flores transportation decisions with dismay

First is the City policy that Wimberley citizens are entitled to safe and peaceful streets I have never heard of such an entitlement in any jurisdiction No one has a right to stroll their neighborhood without traffic We live in a town of few sidewalks even around our schools Public safety is one of the issues but certainly not at the only issue perhaps traffic congestion If the City has adopted public safety as the overriding traffic standard then please send me the prioritized list of unsafe areas and the criteria used other than volume of complaints Testimony at the public hearing revealed residents knew the streets were traffic arteries from the beginning Mrs Johnson said she used the streets to cut through before the first house was built Buyers apparently did not foresee Wimberleys growth I too have bought property that future events made me regret I always thought that was my personal problem Many other of the houses affected were purchased knowing the traffic issues say since the high school was built Do these residents bear any personal responsibility Werent the traffic issues reflected in the market How can someone buy a house for less and then ask the rest of us to pay to fix their problem

Second the City has adopted a terrible solution in implementing this ill advised policy If a street has excess traffic the City will block it If a street will only be used for the residents it has become private I am lucky enough to live on a private street I also pay for the gate and the street I dont ask City taxpayers for money Who should pay for this solution If the property values on Las Flores go up say 20000 a house because they live on a newly paved dead end street who should get this benefit Answer the City taxpayers should The residents didnt pay for it Can this even be legal Will you please schedule an appraiser for testimony so the taxpayers will know how much a few citizens have been enriched

Finally backdooring the vote to close Las Flores after voting to keep it open two weeks before was not good governance I can assure you we citizens thought the issue was decided Did anyone look around and question why there wasnt any opposition to speak of Answer no one knew about this Did the paper have anything on this Please tell me the additional steps other than posting on the door taken to insure public knowledge of the agenda item The citizens I visit with thought speed humps were coming after the first vote especially since we heard law enforcement say it has solved this type of problem elsewhere But what does he know City Council has a better idea Mayor and City Council Page 2

The most recent paper had City Council debating cost sharing on speed humps What The Council enriches the few by tens of thousands of dollars with no cost sharing discussed and now thinks the citizens who benefit from speed humps should pay something You are lucky they are not demanding you close the street Dont you know everyone is entitled to a safe and peaceful street in Wimberley

I look forward to responses by one or all

Sincerely e4 I CIiff S rl kland cliffscpa @yahoocom or 5128472540 Village of Wimberley 13210 Ranch Road 12 PO Box 2027 Wimberley Texas 78676 Phone 512 8470025 Fax 5128470422 Emall villagecewimberleytxcam Web viIWimbedeylxus f fr 7 S t 1 tlr Application for Appointment to Cmnmission13oardCommittee ImnnJ Alnv n JAW

Name of CommissionBoardCommittee j ThflN14 A tS Home 12 Name C V Phone 1512311 EMail e2irip5Y1 r1L mac ccin Physical Address 5UMMI r L 916 79616 Mailing Address if other than physical address BuLLErOl Business g Employer t FjlN rCUP Phone 4223t3013 Fax

PositionOccupation AzCifI7

I reside Inside Wimberleys City Limits In Wimberleys ETJ Outside ETJ

I am a registered voter in V Village of Wimberley Hays County Not registered

Do you or your employer have any business or other dealings with the Village of Wimberley which rnight present a conflict of interest Yes No If Yes explain

Are you committed to devote the necessary amount of time to service on thisCommission BoardCommittee and to attend all regularly scheduled meetings V Yes No Describe any qualifications expertise credentials or special interests that relate to your possible appointment If you are not responding to a specific advertisement please indicate the CommisslonBoardCommittee that you would prefer to serve on 1 am a registered architect having practiced since 1981 I am registered in Texas and several other states Since moving to Wimberley my firm specializes in the design of country homes throughout Texas 2 I hold two degrees relating to architecture and planning Bachelor of Environmental Design and a Master of Architecture 3 I have many years of experience with planning and zoning issues and processes Over the years I have been involved in the planning of projects throughout the country 4 I have lived in Wimberley for 6 years and in the Hill Country for 20 years I believe that good planning is critical in order to maintain our unique character and our quality of life Would you consider serving on a different Commission BoardCo mittee V Yes No Date BA91O Signature THE 800 GORILLA IN WIMBERLEYS COUNCIL CHAMBER

Dear Editor

Wimberley celebrates its 10 Anniversary with the upcoming May elections Much has been accomplished through our volunteer spirit private contributions and grant finding We have a Community Center Nature Refuge Cypress Creek Nature Trail Blue Hole Park land approaching the size of Zilker Park anchoring one entrance to The Village Square permanent City Hall new scenic bridge across Cypress Creek and a public potty

Recent headlines from the View such as City ponies upfor new city hall site City scales back on road repairs Local nonprofit balks at Citys decision to increase community center rental rate Wimberley sales tax allocation declines Renovations to begin on new city hall and Blue Hole rates increase for upcoming summer point out funding problems facing Wimberley This years budget has a nearly 200000 deficit that was funded from Reserve Funds By far the two biggest projected revenue categories are Sales Use Tax46 and Franchise Fees20 totaling 66 of Total Expenditures Together they fund only 23rds of the budget

As appointed members of a Wimberley advisory board we find ourselves increasingly involved in planning processes where there is often little or no expectation of funding to accomplish the final plans The question arises as to the usefulness of such planning to the citizens of Wimberley or the Wimberley Valley Either the council we elect in May or one not long thereafter must address additional possible funding sources the 800 gorilla in Wimberleys Council Chamber

We are not asking candidates to run supporting a particular new funding source However they must be willing if elected to engage in a public process addressing possible funding sources necessary to maintain a vibrant and effective municipality that benefits the entire Wimberley Valley These could include Ad valorem or other taxes Fees per person or household or property Districts that extend representation and funding beyond city limits Possible merger with Woodcreek Your pet ideas

What is your favorite candidates vision of Wimberleys financial future Discuss it with them and consider bringing this topic up in public forums between now and May 8 2010 election day Thank you

Lila McCall David Glenn Wimberley