Firearms prohibition, Mill Race Lane back on public street list, and Blanco, Cypress Creek safe for now

Note: City Hall Briefs is written and edited by Bob Flocke to inform the citizens of Wimberley about city activities. It is neither an official nor an authorized publication of the City of Wimberley. Any views or opinions expressed are those of the writer, and they do not necessarily reflect official policies or positions of the City of Wimberley, other members of the City Council or the city staff. Anyone who wishes to be added to the distribution list should send their email address to Mayor Flocke, rflocke@austin.rr.com. The Briefs have been edited for style and length.

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Attorney General’s opinion favorable to city’s
firearms discharge prohibition

The city of Wimberley has been notified of a recent Texas Attorney General’s opinion upholding the city’s right to regulate the discharge of firearms within the city limits.

City officials requested the AG’s opinion following a municipal court case in which the defendant’s attorney argued that the city did not have the authority to regulate the discharge of firearms because of a portion of the Texas Local Government Code which states, “A municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981.” The attorney argued that since Wimberley incorporated after September 1, 1981, the city cannot regulate the discharge of firearms.

In its opinion, the Attorney General’s office says that the limitation mentioned above applies to a city’s extraterritorial jurisdiction and to “certain annexed” property, but does not mention property located within the city’s original city limits. In Texas statutes, boundaries established by municipal incorporation, annexation and extraterritorial jurisdiction involve different concepts and authority.

Wimberley’s Code of Ordinances prohibits the discharge of firearms within the city limits except to dispatch predators.

Blanco, Cypress Creek waters safe for recreation, for now

Wimberley City Administrator Don Ferguson says that water quality testing of the waters of Cypress Creek and the Blanco River throughout the area shows that the waterways are currently safe for recreation. However, if severe drought conditions persist, it’s possible that those waters may become unsafe. The city tests the waters of Blue Hole weekly, and may go to daily testing. Water testing results and Blue Hole operations information are available on the city’s website, www.vil.wimberley.tx.us.

Council revisits Mill Race Lane issue, declares it a public street

The Wimberley City Council at its June 16 meeting voted to rescind a previous council action regarding Mill Race Lane and also determined that the street is a public street. Both votes were four to one with Place 2 Councilman Mac McCullough casting the negative vote.

On March 3, a motion to reaffirm Mill Race Lane’s status as a public street failed to pass on a three to two vote with Mayor Bob Flocke joining McCullough and Place 5 Councilman John White to oppose the motion. The effect of that vote was for the city to remove Mill Race Lane from the list of city-maintained roadways and to stop expending public funds for its maintenance. The council voted unanimously on Thursday to direct the city staff to place Mill Race Lane back on the list of city-maintained roadways and to move the street to the list of those scheduled for maintenance during fiscal year 2012.

The council also directed that property owners along the street be included in developing maintenance plans.

Blue Hole phase 2 development delayed

The city council decided unanimously to delay phase 2 development on Blue Hole Regional Park until all necessary funds to complete the project are on hand. Last November the city entered into a $3.145 million construction contract with T.F. Harper & Associates to develop Blue Hole Regional Park.

Phase 2 improvements include soccer fields with a wastewater effluent irrigation system; tennis courts; a playground and basketball court; community and recreation pavilions with restrooms; volleyball courts; park roads and parking; trails and planting native trees and vegetation.

Estimates show close to $1 million worth of work in Phase 2 remains to be done.

Construction of Phase 1 is nearing completion. This phase includes improvements to the natural swimming area of the park such as demolition of two structures; construction of a gatehouse and bathhouse with changing areas and restrooms; construction of water, wastewater and infrastructure needed for the new buildings; improvements to the swimming area parking lot; construction of a fully accessible stone ramp leading from the gatehouse to the swimming area; construction of an accessible stone path and rope swing landing areas along the creek bank, a stone path to picnic tables and an ADA water access area.

Additional cypress trees have been planted along the creek bank and more than 3,000 native plants have been planted in the area. Decomposed granite and mulch trails have been constructed throughout the area, and an amphitheater and scenic overlook completed.

The Friends of Blue Hole is aggressively working to raise the remaining funds needed to complete Phase 2. Currently, more than $3 million in grant requests have been submitted by the organization to various individuals and foundations—several of whom are expected to make decisions on their respective funding requests within the next 45 to 90 days. It should be noted that 30 percent of every dollar raised for development of the park is going into a maintenance endowment established by the Friends to help support the on-going maintenance of the park once developed.

Sign ordinance variance approved for physical therapy location

The city council approved a local business’ request for a variance to the sign ordinance to allow an outdoor sign to be installed on the side of the business instead of the front as permitted in the ordinance. The variance was approved for Physical Therapy and Rehab Concepts Clinic located on the former First Baptist Church property at 501 Old Kyle Road. The sign ordinance allows one sign per business housed in a commercial complex, and it must be located on the “front” of the building. In the case of the PTRC clinic, the “front” of the building is not visible from the street.

Appointments

Charles Lancaster appointed to Planning and Zoning Commission by Place 1 Councilman Tom Talcott. Mark Bursiel appointed to Parks and Recreation Advisory Board by Place 1 Councilman Tom Talcott. Jean Ross reappointed to Planning and Zoning Commission by Place 5 Councilman John White. Thad Nance reappointed to Parks and Recreation Advisory Board by Place 5 Councilman John White.