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					                                    HAYS COUNTY COMMISSIONERS' COURT MINUTES




     VOLUME S PAGE 736                            *****               *****               JULY 1, 2003

STATE OF TEXAS             Ο
COUNTY OF HAYS             Ο

ON THIS THE   1 ST DAY JULY OF A.D., 2003, THE COMMISSIONERS' COURT OF HAYS
COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT,
TO-WIT:

                  JAMES L. POWERS                                        COUNTY JUDGE
                  DEBBIE GONZALES INGALSBE                               COMMISSIONER,         PCT.   1
                  H. S. “SUSIE” CARTER                                   COMMISSIONER,         PCT.   2
                  WILLIAM “BILL” BURNETT                                 COMMISSIONER,         PCT.   3
                  RUSS G. MOLENAAR                                       COMMISSIONER,         PCT.   4
                  LEE CARLISLE                                           COUNTY CLERK

WHEN THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Judge Powers called the meeting to order and gave the invocation.             Commissioner Carter led the Court in the
Pledge of Allegiance to the Flags.


21099             APPROVE THE COMMISSIONERS’ COURT MINUTES OF JUNE 24, 2003

A motion was made by Commissioner Burnett seconded by Commissioner Carter to approve the
Commissioners’ Court Minutes of June 24,2003 as presented by the County Clerk. All voting “Aye”.

21100             APPROVE PAYMENT OF COUNTY INVOICES

A motion was made by Commissioner Burnett seconded by Commissioner Carter to approve payment of county
invoices in the amount of $1,011,888.51 as presented by the County Auditor All voting “Aye”.

Public Safety Svs         $20.00         Fines                         $840.74       Auditor’s Ofc               $720.09
Treasurer’s Ofc           $108.56        Extension Ofc                 $1,118.37     Juv Prob Ofc                $2,404.21
Election Admin Ofc        $256.06        Community & Social Svc        $100,576.25   Transfer Station            $167.59
Bldg Mtc Dept             $9,848.45      Environmental Hlth            $737.57       Civic Center                $1,553.57
Countywide Operating      $226,286.73    Tax Assessor/Collector        $235.68       District Clerk’s Office     $78.32
Sheriff’s Office          $10,346.26     Jail Operations               $11,809.76    County Judge’s Office       $326.03
Human Resources Dept.     $93.27         County Court At Law 1         $335.11       District Attorney’s Ofc     $738.80
J.P.1-2                   $422.68        J.P. 2                        $187.52       J.P. 3                      $59.41
J.P.4                     $260.12        J.P. 5                        $486.77       DPS                         $1,189.95
Constable 1               $220.56        Constable 2                   $30.00        Constable 3                 $33.91
Constable 4               $259.07        Constable 5                   $91.90        District Court Operations   $15,619.97
County & JP Court Oper    $10,244.85     Precinct 1                    $337.49       Precinct 2                  $101.00
Precinct 3                $170.62        Precinct 4                    $186.09       Veterans Adm Ofc            $669.10
Computer Services         $64,678.53     DPS/L&W                       $609.54       CJD/VOCA Grant              $36.50
DOJ/Copsmore ’02 Grant    $231,485.50    CJD/Juvenile Acct Grant       $2,190.16     TJPC/Juv Just Alt Ed Grnt   $152.11
General Fund              $698,324.77    R&B Operations                $168,615.79   R&B General Fund            $168,408.03
Parks Administration      $116.33        Records Management            $607.91       TDH/Nile Virus Grant        $259.95
Hays Co Juvenile Center   $7,104.58      Sheriff’s Special Projects    $11.92        Medical & Dental Ins        $135,308.39
Personal Health Svs       $177.31        Justice Court Technology      $1,569.32



21101             APPROVE BUDGET AMENDMENT 03-31

A motion was made by Commissioner Burnett, seconded by Commissioner Carter to approve Budget
Amendment No. 03-30 as proposed by the County Auditor. All voting “Aye”.


                                                                                                        AMENDMENT
                                                                                                        NO. 2003-31
                                                                                                        FY2003 BUDGET
                                                                                                 07-01-03
                                                        FUND NO. 01
                                             FUND TITLE GENERAL FUND

                                 APPROPRIATION AMENDMENT APPROPRIATION
                                   BEFORE                      AS
   LINE ITEM - EXPENDITURES AMENDMENT INCREASES DECREASES AMENDED
   GRANT ADMINISTRATION (404):
   01-404-5448 Contract Services              8,000      250                                                        8,250
   01-404-5212 Postage                          560                (150)                                              410
   01-404-5311 Travel                           300                (100)                                              200

 Transfer for balance of services
                                HAYS COUNTY COMMISSIONERS' COURT MINUTES




     JULY 1, 2003                             *****          *****       VOLUME S PAGE 737



                                               FUND NO. 03
                                   FUND TITLE ROAD & BRIDGE GENERAL FUND

 ROAD & BRIDGE OPERATIONS (438):
 03-438-5443 Consultant                             35,000           30,000                              65,000
 03-438-5448 Contract Road                         864,598           60,000                             924,598
 03-438-5351 Materials                           2,065,344                         (90,000)           1,975,344

 Transfer for contract work and engineering



21102            APPROVE UTILITY PERMITS

A motion was made by Commissioner Burnett, seconded by Commissioner Carter to approve Utility
Permit # 01653 to Goforth Water Supply Corp on CR127 and #01652 to CC Carlton Construction Co.
on CR232(Redwood Rd) & Cottonwood Parkway. All voting “Aye”.

21103            APPROVE RENEWAL OF BID #2002-B08 FOR “METAL PIPE” FOR ONE (1)
                 ADDITIONAL YEAR WITH WILSON CULVERTS AS PROVIDED IN THE ORIGINAL
                 CONTRACT

A motion was made by Commissioner Burnett and seconded by Commissioner Carter to approve the
renewal of Bid #2002-Bo8 for Metal Pipe for one (1) additional year with Wilson Culverts as provided
in the original contract. All voting “Aye”.

        Clerk’s Note: Agenda Item No 6 - APPROVE PROPOSED FY 2004 HAYS COUNTY BUDGET
        CALENDAR was Pulled no discussion no action taken

21104            ADOPT RECOMMENDATIONS OF THE WIMBERLEY BYPASS PRELIMINARY
                 PLANNING AND ENGINEERING REPORT AND ESTABLISH AN ASSOCIATED
                 BUDGET FOR PHASE II [T1-60]

Lou Joseph of the City of Woodcreek City Counsel spoke in opposition of the By-Pass dumping out traffic at
Woodcreek Drive. The City of Woodcreek would not be able to upkeep the roads with the increase of traffic. He
spoke of traffic problems and people coming thru the City of Woodcreek only as short cuts. No one in
Woodcreek is in favor of the road coming out on Woodcreek Drive. Steve Klepfer Mayor of the Village of
Wimberley spoke in favor of Wimberley By-Pass option C2. He spoke of traffic flow thru the town mainly over
the Cypress Creek Bridge 17,000 cars trips a day. The C2 option will be the least expensive to construct, and
the least environmental impact and have the least cultural impact. The Village of Wimberley is in favor of the
By-Pass. Jay Strickler counsel member of the Village of Woodcreek spoke in opposition of option C2 and he
relinquished his time to Ken Jacobs. Ken Jacobs spoke in opposition of the By-Pass. He recommends that the
court return the Wimberley By-Pass issue to TxDot and get on with other more widespread issues facing Hays
County. Henry Neil Mayor of the City of Woodcreek spoke in opposition of the By-Pass option C2. The City of
Woodcreek does not want the By-Pass to go thru Woodcreek Dr. TxDot will not be putting in a traffic light they
will be putting in traffic signs. Jennifer Colvin member of directors of Cypress Creek Acres Property Owners
Association spoke in opposition of option D1 but in favor of option C2. Morris Haggerton Mayor Pro-Tem City of
Woodcreek spoke in opposition of option C2. He asked the court to delay the vote and do away with the By-
Pass completely. Rachel Gumbert property owner adjacent to By-Pass spoke in favor of option C2. Sally
Caldwell resident of Woodcreek spoke in opposition of By-Pass. Jim Winn spoke in support of By-Pass. He is
in support of option C2. Sara Barlow resident of Village of Wimberley spoke in opposition of By-Pass option D1.
John Graddy of the Village of Wimberley Council supports the By-Pass option C2 and spoke of accidents in the
Wimberley downtown area. Melinda Gumbert spoke in support of option C2. Theresa Prindible resident of
Cypress Creek Acres spoke in support of option C2. Eddie Gumbert property owner adjacent to both option C2
       1.
and D He spoke in favor of option C2. Gordon Dysart resident of Cypress Creek Acres and supports their
view. He spoke of looking forward and recommends option C2 and feels that TxDot will put in a traffic light on
Woodcreek. Sam Davis candidate for County Commissioner Pct. 3, and his concerns in this area is monetary.
He asked the court to look at the budget so that the court will not have a budget overrun. A presentation was
made by Sean Garrison of Loomis Austin. He gave a project overview. The Wimberley By-pass is a Hays
County project, to be financed using Road Bond funds approved by Hays County voters in June 2001. The By-
Pass is not a recent plan of TxDOT or Hays County. Hays County contracted with Turner, Collie and Braden
(TCB) to manage and oversee the Road Bond Program. The primary objectives of the Wimberley By-pass are:
Improved public safety in Wimberley Square; An alternative route for emergency and hazardous material
vehicles; and reduced traffic congestion on RM 12 (particularly during Market Days). Mr. Garrison introduced
other consultants that are also involved in different phases of this project. Public Involvement (Lommis Austin) –
Landowner Consultation, Right of Entry Coordination, Public Worshops, Media. Environmental Analysis –
(Loomis Austin, Glenrose, Price) – Analysis of Riparian Habitat, Endangered Species Habitat, Cultural Analysis,
and Preliminary Water Quality Review. Engineering (LAN, Loomis Austin) – Analsis of Vertical and Horizontal
Alignments, TxDot Coordination, Tie-in-Location, Typical Cross Sections, and Cost Estimation. He spoke of
public forums and opposition to C2. Property owners spoke of support for C2. He is not in support of D1. But
in general he is recommending C2. This is just the first part of the construction Phase I. Commissioner Carter
                              HAYS COUNTY COMMISSIONERS' COURT MINUTES




     VOLUME S PAGE 738                       *****           *****                JULY 1, 2003

asked total amount of cost to date. Sean Garrison spoke of costs coming to $70,000.00 for Loomis Austin plus
expenses. Commissioner Burnett asked Commissioner Carter if she is retracting her vote of August 20,2002.
Commissioner Burnett asked if Commissioner Carter is changing her position and why? Commissioner Carter
felt that she we made a rushed and unwise decision. Commissioner Burnett asked Cliff Ladd to state why we
were looking at only options C2 and D1. Cliff Ladd addressed the court and said C2 is clearly the best because
it has the least environmental impact and cultural resources. Commissioner Burnett asked Eddie Gutierrez to
give his stand on option C2 and D1 as far as safety issues go. Eddie Gutierrez spoke of the safer route being
with option C2. Commissioner Ingalsbe spoke of the court taking the vote and approved to move forward with
the building of the By-Pass. She spoke of the decision she made because of her driving thru the roads at the
time and she doesn’t feel that people wouldn’t utilize the roadway the way it should be. Commissioner Burnett
spoke of safety issues he is considering. He also spoke of impact this will have in 2, 5 or even 10 years from
now. Commissioner Ingalsbe asked about the money. Commissioner Burnett spoke of money breakdown on
page 7 of the packet and he will fund any overages if they do occur. He also spoke of requesting TxDot to form
a letter for prioritization for a stoplight at Woodcreek Dr. Judge Powers spoke of being supportive of the project
and of being in Wimberley during flooding and Market D       ays and the safety issues in that area. A motion was
made by Commissioner Burnett seconded by Commissioner Molenaar to accept the recommendations of the
Wimberley By-Pass Preliminary Planning Phase I and Engineering Report and adopt the preliminary budget for
Phase II and authorize Turner Collie & Braden to negotiate the scope of work with Loomis Austin Inc. and to
prepare planned specification and engineering for the design and construction of the Wimberley By-Pass
Project. Judge Powers, Commissioner Ingalsbe, Commissioner Burnett, and Commissioner Molenaar voting
“Aye”. Commissioner Carter voting “No”.


21105           [PCT. 1 #03-1-050] THE COUNTRYSIDE SUBDIVISION - RESUBDIVISION OF LOT 1 (2
                LOTS) * APPROVE PRELIMINARY PLAN [T1-1905]

Environmental Health Director Allen Walther gave staff recommendation for preliminary plan approval. A motion
was made by Commissioner Ingalsbe seconded by Commissioner Carter to approve preliminary plan of “The
Countryside Subdivision Resubdivision of Lot 1”. All voting “Aye”.

21106           [PCT. 2 #03-2-041] ROLLING HILLS ESTATES SECTION 1 BLOCK 3 REPLAT OF LOTS
                42 & 43 (1 LOT) * APPROVE FINAL PLAT AND WAIVE PUBLIC NOTIFICATION
                REQUIREMENTS [T1-1919]

Environmental Health Director Allen Walther gave staff recommendation. A motion was made by Commissioner
Carter seconded by Commissioner Ingalsbe to approval final plat of “Rolling Hills Estates Section 1 Block 3
Replat of Lots 42 & 43” and waive public notification requirements. All voting “Aye”.


21107           [PCT. 3 #02-3-023] MOUNTAIN VIEW SUBDIVISION REVISED FINAL PLAT (5 LOTS) *
                APPROVE REVISED FINAL PLAT [T1-1938]

Environmental Health Director Allen Walther gave staff recommendation. A motion was made by Commissioner
Burnett seconded by Commissioner Molenaar to approve revised final plat of “Mountain View Subdivision
Revised”. Judge Powers, Commissioner Ingalsbe, Commissioner Burnett, Commissioner Molenaar voting
“Aye”. Commissioner Carter voting “No”.


21108                          SECRET SPRINGS II - 5 LOT REPLAT * APPROVE FINAL PLAT
                [PCT. 3 #03-3-046]
                AND WAIVE PUBLIC NOTIFICATION [T1-1995]

Environmental Health Director Allen Walther gave staff recommendation. A motion was made by Commissioner
Burnett seconded by Commissioner Molenaar to approve final plat of “Secret Springs II” and waive public
notification. All voting “Aye”.


21109           [PCT.4  #03-4-012] ROCKY RANCH ACRES SECTION 1 (UNRECORDED)
                RESUBDIVISION OF LOT G (2 LOTS) * APPROVE FINAL PLAT [T1-2050]

                                                                                 as
Environmental Health Director Allen Walther gave staff recommendation. A motion w made by Commissioner
Molenaar seconded by Commissioner Burnett to approve final plat of “Rocky Ranch Acres Section I
Resubdivision of Lot G”. Judge Powers, Commissioner Ingalsbe, Commissioner Burnett, Commissioner
Molenaar voting “Aye”. Commissioner Carter voting “No”.

21110                         SILVER SPUR RANCHETTES SECTION 2 RESUBDIVISON OF A
                [PCT. 4 #03-4-035]
                PORTION OF LOT 6 (3 LOTS) * PUBLIC HEARING AND APPROVE FINAL PLAT [T1-
                2150]

Judge Powers opened the public hearing. No public input was received and the public hearing was closed.
Environmental Health Director Allen Walther gave staff recommendation. A motion was made by Commissioner
Molenaar seconded by Commissioner Burnett to approve final plat of Silver Spur Ranchettes Section 2
Resubdivision of a portion of lot 6 (3 lots). All voting “Aye”.
                                HAYS COUNTY COMMISSIONERS' COURT MINUTES




     JULY 1, 2003                           *****         *****         VOLUME S PAGE 739

21111           [PCT. 4 #03-4-049]    RAY MOORE SUBDIVISION (2 LOTS) * APPROVE PRELIMINARY
                PLAN [T1-2175]

Environmental Health Director Allen Walther gave staff recommendation. A motion was made by Commissioner
Molenaar seconded by Commissioner Burnett to approve preliminary plat of “Ray Moore Subdivision”. Judge
Powers, Commissioner Ingalsbe, Commissioner Burnett, Commissioner Molenaar voting “Aye”. Commissioner
Carter voting “No”.

21112           [PCT. 4 #03-4-052]  HOMESTEAD @ GATLIN CREEK REPLAT OF LOTS 1-A, 1-B, 2-A,
                2-B, 3-A, 3-B, 4-A AND 4-B OF THE REPLAT OF HOMESTEAD @ GATLIN CREEK, LOTS 1, 2, 3
                AND 4, AND THE REPLAT OF LOT 5 HOMESTEAD @ GATLIN CREEK (9 LOTS) *
                APPROVE FINAL PLAT AND WAIVE PUBLIC NOTIFICATION REQUIREMENTS [T1-
                2228]

Environmental Health Director Allen Walther gave staff recommendation. A motion was made by Commissioner
Molenaar seconded by Judge Powers to approve final plat of “Homestead @ Gatlin Creek Replat of Lots 1A, 1-
B , 2-A , 2-B , 3-A , 3-B , 4-A, & 4-B & Lot 5”. Judge Powers, Commissioner Ingalsbe, Commissioner Burnett,
Commissioner Molenaar voting “Aye”. Commissioner Carter voting “No”.


21113           ACTION REGARDING BID ON PROPERTY HELD IN TRUST (R49259, LOT 68,
                SECTION 6C; R49108, LOT 64, SECTION 5 IN WOODCREEK) [T1-2357]

Tax Assessor Luanne Caraway advised that (R49108) Lot 64 Woodcreek Section 5 is 100% recovery and does
not need court approval they will need the Wimberley ISD approval since it’s in their name. Lot 68 (R49259)
Woodcreek Section 6C is at a 66.21% approval and the Wimberley ISD has already approved this one. A
                     y
motion was made b Judge Powers seconded by Commissioner Burnett to accept the bid for the property held
in trust Lot 68 (R49259) Woodcreek Section 6C as presented by the Tax Assessor/Collector. All voting “Aye”.


21114           [PCT. 1 #00-2-083] HIGH MEADOWS, SECTION 3 (AKA, AVERY PARK) * ACCEPT STREETS
                WITHIN HIGH MEADOWS SECTION 3 INTO THE COUNTY ROAD MAINTENANCE
                SYSTEM AND RELEASE ROAD MAINTENANCE FISCAL SECURITY [T1-2383]

A motion was made by Commissioner Ingalsbe seconded by Commissioner Carter to accept streets within “High
Meadows Section 3” subdivision into the county road maintenance system and release road maintenance fiscal
security. All voting “Aye”.



21115           PUBLIC HEARING WITH ACTION TO ESTABLISH                           PARKING      REGULATIONS
                AROUND THE HAYS COUNTY COURTHOUSE [T1-2413]

Judge Powers declared the public hearing open. No public input was received and the public hearing was
closed. Commission Molenaar spoke to Constable and he has no help to issue citations. Commissioner
Molenaar spoke to JP1-2 Margie Hernandez and she will collect money from citations. Commissioner Molenaar
spoke of Security possibly issuing the citations. Allen Walther spoke of 72 parking slots available and there are
43 needed for staff. A motion was made by Commissioner Molenaar seconded by Commissioner Burnett to
establish parking regulations around the Hays County Courthouse as read under the Courthouse Parking Plan.
Judge Powers, Commissioner Ingalsbe, Commissioner Burnett, Commissioner Molenaar voting “Aye”.
Commissioner Carter voting “No”. Commissioner Molenaar will bring this back to the court with an effective
date.


                                              Courthouse Parking Plan

                 •      West Side of the square restricted to staff parking only (parking permit required 8AM –
                        5PM)
                 •      North side of the square restricted to service vehicles only
                 •      East and South sides of the square, parking restricted to two hrs on Mon.,Wed., Thur. &
                        Fri.
                 •      Staff may park on the East and South sides without regard to the one hour limit

     Parking enforcement will not issue citations on east and south side parking while in
     Commissioners’ Court or Family Court is in session.

     Parking permits to be issued out of the County Judge’s Office.
                              HAYS COUNTY COMMISSIONERS' COURT MINUTES




     VOLUME S PAGE 740                       *****           *****               JULY 1, 2003

21116           ACTION RELATING TO REAL ESTATE CONTRACT BETWEEN THE CITY OF
                DRIPPING SPRINGS AND HAYS COUNTY CONCERNING THE PURCHASE AND
                SALE OF THE PROPERTY KNOWN AS THE “TRIANGLE” [T1-2868]

                                         f
Rex Baker legal counsel for the City o Dripping Springs was on hand to address a few things and answer any
questions the court might have concerning the Triangle. The City of Dripping Springs has mainly accepted the
                                                                                     1)
changes made to the contract but had a few things they had concerns about; ( the park area and the flag
poles remain an exclusive park area – the City of Dripping Springs is planning to keep this area as a park and
the flag poles are definitely permanent structures. The only change they have is to taking the word “exclusively”
out of the contract. The City certainly wants to keep it as a park but don’t know the needs the city will have in
the unforeseeable future and they want to keep their options available – (ie. they might need to add parking).
(2) Environmental and Architectural aspect of the property the county has owned it for a long time but ask that
the county not put any burden on the city either. The City has a concern that there might have been an
underground storage tank. Commissioner Carter asked about liability the county would have if a tank were to
be found under the ground. Judge Powers advised that he has purchased property with a tank in the ground
and advised that both the previous owner and the current owner would both be liable if anything were found.
Commissioner Molenaar spoke of changing the wording of non-commercial on the Eastside. Rex Baker spoke
                                                                                        th
of keeping it as parkland but if a vendor wanted to sell snow cones during the 4 of July would they be in
violation of the commercial issue. The City is willing to buy and they are OK with it. A motion was made by
Commissioner Molenaar seconded by Commissioner Judge to keep numbers (1) & (3) the same on the
“Special Provisions of Unimproved Property Contract Between City of Dripping Springs, Texas and Hays
County, Texas” and change number (2) to read Buyer will be responsible for all Environmental and
Archaeological testing.       Judge Powers, Commissioner Burnett, Commissioner Molenaar voting “Aye”.
Commissioner Ingalsbe and Commissioner Carter voting “No”.




 SPECIAL PROVISIONS OF UNIMPROVED PROPERTY CONTRACT BETWEEN CITY OF
            DRIPPING SPRINGS, TEXAS AND HAYS COUNTY, TEXAS


 Notwithstanding anything contained in the Contract or any exhibit, attachment or addenda thereto to the contrary,
 the following provisions shall apply:

         1. Buyer agrees to accept the property in its present condition and accepts responsibility for any
            demolition and removal of existing buildings and fences.
         2. Buyer will be responsible for all Environmental and Archaeological testing.
         3. Buyer agrees that the Eastern portion of the property shall remain exclusively a public park to include
            present flagpole and memorial as installed by VFW Post 2933 and American Legion Post 290.




Court was adjourned.

        MINUTES APPROVED IN OPEN COURT ON THE 8th DAY OF JULY, 2003.




 _______________________________________                  _______________________________________
   JAMES L. POWERS, COUNTY JUDGE                              LEE CARLISLE, COUNTY CLERK
         H A Y S COUNTY, TEXAS                                   H A Y S COUNTY, TEXAS