Copper Canyon Board of Aldermen s1

MINUTES TOWN OF COPPER CANYON REGULAR TOWN COUNCIL MEETING MONDAY July 26, 2010

I. CALL TO ORDER

Mayor Sue Tejml called the regular meeting of the Copper Canyon Town Council to order at 7:00 p.m. on the 26th day of July, 2010, in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas.

Council present:

Sue Tejml - Mayor Jeff Mangum - Mayor Pro Tem Steve Hill - Deputy Mayor Pro Tem Dan Christy - Council member Mark Schmitz - Council Member

Council Member Dave Svatik absent and excused.

Staff present:

Donna Welsh - Town Administrator Liz Penny - Town Secretary Terry Welch - Town Attorney Brian Haynes - Town Engineer

A quorum of the Town Council was established.

Mayor Tejml and Council Members led in the Pledge of Allegiance to the U.S. and Texas flags.

II. PUBLIC INPUT

No one present wished to speak under Public Input.

MAYOR’S REPORT

1. North Texas Tollway Authority (NTTA) votes for “County Line” alignment of 4B extension of the Dallas North Tollway.

Mayor Tejml reported she recently attended a NTTA meeting regarding the extension of the Dallas North Tollway. At this meeting, officials of the NTTA chose an alignment for the Phase 4B extension of the Dallas North Tollway. The alignment straddles the Collin County- Denton County line. 9.8 miles or 24% of the south bound frontage exposure is in Denton County. The cities along the right-of-way of the Tollway will economically benefit from this alignment.

Mayor Tejml stated that she was very proud of the Denton County Commissioners for having the foresight in planning for funding of the project. Denton County had appropriated $20 million dollars in its 2008 TRIP Bond Program for the DNT extension into Denton County. Denton County has commitments (in writing) to acquire 95% of the south bound right-of-way for the extension.

2. Update on progress of road construction on FM 2499, and Chinn Chapel Road.

Mayor Tejml reported that construction continues on the extension of FM 2499 to FM 2181, however, a date has not been given when the road will open to traffic.

Mayor Tejml reported she had talked with an engineer from TXDOT regarding the opening of FM 2499. FM 2499 north is not open and will not be open any time soon. The southern portion of FM 2499 could be opened, but the roadway needs to be striped.

Mayor Tejml reported that officials from TXDOT have agreed to consider the possibility of opening FM 2499 south for Highland Village and Copper Canyon residents. It is very important for Copper Canyon residents to have a Town sticker on the center rear bumper of their vehicle.

Mayor Tejml reported that she is happy to report that an agreement had been reached with the City of Highland Village on a drainage easement on the north east corner of Harlington Drive and Chinn Chapel Road. The City of Highland Village has agreed to accept the maintenance of the drainage area that will include storm water runoff in the easement area. The contractor for the project will be laying $100,000.00 of boulder rocks in the easement area.

3. Update on ETC pipeline construction on Orchid Hill Lane.

Mayor Tejml reported that ETC had received permission to work late evening hours (until mid night) to get the eastern bore completed which starts at the Jennings property and goes west to the “S” curve.

During construction of the pipeline, ETC hit an artesian spring at 30 feet down that was producing 300,000 gallons of water per day. Water tanker trucks have been transporting water out of the site. The flow of water from the spring has slowed to currently producing 13,000 gallons of water per day. ETC has called the Texas Railroad Commission and Texas Commission on Environmental Quality to report the spring and ensure that any environmental concerns with the water are addressed.

ETC is in the process of connecting the two long bores at the “S”curve and will then bore under the railroad tracts, to the Marschel property. From the Marschel property ETC will bore under Copper Canyon Road to the transporting site located in Lantana. ETC will build a masonry fence around the transporting site.

Mayor Tejml reported she had spoken with Greg Brazaitis, Vice President of ETC, regarding sponsorship of the Town Cook Book. ETC will be donating $5,000.00 to sponsor the Town cook book. On the back of the cook book cover there will be a photograph of a landowner, Mayor Tejml and ETC Pipeline Construction Manager Gary Bride in front of a large tree. A motto will be under the photograph that states “Working together to save our trees and provide energy, home grown for the Nation” or some facsimile of that theme.

III. STAFF REPORTS

1. Town Administrator

a. Update on 2010-11 Preliminary Operating & Capital Improvement Budget.

Town Administrator Donna Welsh reported that the Town had received certified property totals from Denton Central Appraisal District that total $178,536,000.00. $13.1 million of appraised values are due to mineral interest. Donna explained that favorable changes had also been made in the bond payment structure. These changes will be incorporated into the preliminary budget.

b. Update on Fence Ordinance requirements. The Town has received inquiries from residents regarding the prohibition of certain types of fences in residential areas.

Town Administrator Donna Welsh reported that three (3) residents had called the Town office regarding a chain link fence that has been constructed in the Woodlands Subdivision. The residents’ concerns were that the chain link fence takes away from the value of the neighborhood. The residents wanted to know if the Town Council would consider prohibiting chain link fences in the Woodlands. Chain link fences are prohibited in the Woodlands deed restrictions, but these restrictions can only be enforced by residents of the subdivision, not the Town government.

Mayor Tejml and Council Members discussed the need to study this issue because it will not only affect property in the Woodlands but also in all areas of Copper Canyon that is zoned R1.

Mayor Tejml and Council Members discussed the process individual property owners must take to enforce deed restrictions. Deed restrictions are enforced through civil action in a County court of law.

Town Attorney Terry Welch advised Council Members that any changes to the Zoning Ordinance pertaining to fences must be referred to the Planning and Zoning Commission for consideration of a recommendation.

It was the consensus of the Town Council that the Town Administrator should refer the request made by the residents of the Woodlands to the Planning and Zoning Commission for review and recommendation.

2. Town Engineer Report

Town Engineer Brian Haynes reported that the McMahon Construction was proceeding with installation of the box culverts on the southern end of Chinn Chapel Road.

The Town has hired two Denton County Sheriff’s Deputies to provide traffic control for two hours during the morning and evening rush hours at the intersection of FM 407 and Jernigan Road.

Bartonville Water Supply is being kept informed of the project, should there be need for any water line adjustments.

Construction of Blackjack Lane will begin within one week. The first phase will include improvements to the culverts adjacent to Blackjack Lane.

Brian reported that the Town has been given permission from Kansas City Southern Railroad Company to work within 50 feet (twenty-five feet on each side) of the railroad right- of-way center line of the railroad crossing on Ferris Lane. Halff Associates is in the process of obtaining a quote from DDM Construction on improvements to be made at the Ferris Lane railroad crossing.

Brian reported that the channel has been dug and a culvert headwall installed on the Pilot Lane drainage project. Property owners paid for the construction work to dig the channel and lay the grass sod on their private property.

Brian reported that the Orchid Hill Lane Road Reconstruction Project should begin within two weeks. Halff Associates is coordinating with ETC so there is no overlay between ETC pipeline construction and the road project.

IV. CONSENT AGENDA

Items on the Consent Agenda are routine and administrative in nature. As such, these items are considered for approval by a single motion and vote without discussion. Council Members can remove an item or items from the agenda so it can be considered separately and/or add any item to be considered as part of the Consent Agenda.

1. Approve payment of May 2010 invoices from Halff Associates subject to the Interlocal Cooperation Agreement with Denton County and Professional

Services Agreement with Halff Associates on the Chinn Chapel Road Reconstruction Project.

2. Approve payment of May 2010 invoices from Halff Associates subject to the Interlocal Cooperation Agreement with Denton County and Professional Services Agreement with Halff Associates on the Orchid Hill Lane Reconstruction Project.

Halff Associates will be paid engineering fees when the Town of Copper Canyon receives funds from Denton County on the projects.

Mayor Pro Tem Jeff Mangum moved to approve the Consent Agenda as presented.

Deputy Mayor Pro Tem Steve Hill seconded the motion.

Ayes: Mayor Pro Tem Mangum, Deputy Mayor Pro Tem Hill, Council Members Christy, and Schmitz Nays: None

Mayor Tejml declared the motion carried unanimously, 4-0.

V. ACTION & DISCUSSION ITEMS

1. Discuss consider, and take action on appointments to the Town Boards, Commissions, and Committees.

Mayor Tejml reported that she is 90% complete with contacting residents regarding appointments to the various board, commissions and committees. The majority will be reappointments with a few new members.

A Town Clean-Up Committee and a Code Enforcement Committee will be two new committees.

Mayor Tejml reported that she had asked Marshall Warren to head up the Clean-Up Committee to coordinate a Town Clean-Up on October 2, 2010. The Clean-Up will include getting rid of toxic waste such as chemicals, paints, pesticides, batteries and oil. A company will be on site to grind up computer hard drives. There will be two dumpsters for the standard clean up items, provided gratis by Republic Waste Services.

The Town will host the event at Town Hall. The plan is to make it a fun event for the entire family. Refreshments will be provided as well as a bake contest and bounce houses for the children.

Mayor Tejml stated that anyone who wanted to help should contact the Town Administrator Donna Welsh.

Mayor Tejml reported that a second new committee would be a Code Enforcement Committee to be headed up by residents Bud Fouts and Ken Seale. Deputy Mayor Pro Tem Steve Hill will be the Council liaison to this committee.

No action was taken on this item.

2. Discuss, consider and take action on an amendment to the agreement with Halff Associates for the 2011 Capital Improvement Project to add an engineering drainage study of Oakridge Trail drainage issues.

Town Engineer Brian Haynes explained the purpose of this agenda item is to get approval to add a drainage study of Oakridge Trail to the 2011 Capital Improvement Project.

The drainage study will identify culverts that need to be enlarged to improve storm water runoff in the Oakridge Trail area. The study will give the Town Engineer the information he needs to design the upstream and downstream culverts and identify any mitigating issues.

Mayor Tejml explained the need to address this issue as a priority and include it in the 2011 CIP Program. In the past, there has been flooding of properties on Oakridge Trail due to storm water runoff.

Brian explained that flood studies do not qualify for FEMA grants, however, he had two other sources that could be researched for grant funding and that he would forward this information on to Town Administrator Donna Welsh.

Mayor Pro Tem Jeff Mangum moved that the Town Council approve amendment of the 2011 Capital Improvement Project to add an engineering drainage study of Oakridge Trail, as presented, in the amount of $16,570.00.

Mayor Tejml declared the motion carried unanimously. 4-0.

3. Discuss, consider and take action on an amendment to the agreement with Halff Associates for the 2010 Roadway Capital Improvement Project to include design of Canyon Bluffs Court overlay and drainage project.

Town Engineer Brian Haynes reported that he had met with Mayor Tejml and Town Administrator Donna Welsh to discuss adding an overlay and drainage project for Canyon Bluffs Court to the 2010 Roadway Capital Improvement Project. This project could be added to the current contract as a change order without having to bid out the project. This

would give the Town an opportunity to take advantage of the current bid pricing which represents a substantial savings of funds to the Town.

Mayor Pro Tem Jeff Mangum asked if funding of the drainage portion of the project that ties into Orchid Hill Lane could be funded through the County funds appropriated for Orchid Hill Lane.

Brian replied that he would review the project to determine if the drainage on this project could be funded through the Orchid Hill Lane Denton County Bond Project.

Deputy Mayor Pro Tem Steve Hill moved that the Town Council approve an amendment with Halff Associates for the Capital Improvement Project to include design of Canyon Bluffs Court overlay and drainage project in the amount of $19,600.00.

Motion seconded by Mayor Pro Tem Jeff Mangum.

4. Discuss, consider and take action on a proposal from Halff Associates for engineering design services to prepare the revised boundary line for the Town Center Zoning Ordinance.

Town Engineer Brian Haynes reported that he had reviewed survey information provided by the Vickery Family and could reduce initial costs by $1,000.00.

Mayor Tejml stated that she would be investigating the possibility of grant funds through CoServ Electric for this project.

Deputy Mayor Pro Tejml Steve Hill moved that the Town Council approve a proposal from Halff Associates for engineering design services of a revised boundary line for the Town Center Zoning Ordinance project in the amount of $19,600.00.

Mayor Pro Tem Jeff Mangum seconded the motion.

Mayor Tejml declared the motion carried unanimously 4-0.

VI. EXECUTIVE SESSION

The Town Council shall convene into closed session in accordance with the Texas Government Code Sections 551.071, and 551.072, to discuss the following:

1. Acquisition of real property for municipal purposes and all matters incident and related thereto.

2. Consultation with Town’s Bond Counsel and Town Attorney regarding legal issues associated with current status and issuance of Town General Obligation Bonds, and all matters incident and related thereto.

After Mayor Tejml read the items to be discussed, the Town Council convened into Executive Session at 7:48 p.m.

VII. RECONVENE INTO OPEN SESSION

The Town Council reconvened into open session at 8:00 p.m.

VIII. CONSIDERATION OF EXECUTIVE SESSION ITEMS

The Town Council will reconvene into open session pursuant to Texas Government Code Sections 551.071 and 551.072 to take any action necessary regarding the below listed items:

1. Discuss, consider and take action on the acquisition of real property for municipal purposes and all matters incident and related thereto.

Deputy Mayor Pro Tem Steve Hill moved that the Town Council approve the right-of-way acquisition on Blackjack Lane form Janice Winburn as presented in Executive Session.

Mayor Pro Tem Jeff Mangum seconded the motion.

Ayes: Mayor Pro Tem Mangum, Deputy Mayor Pro Tem Hill, Council Members Christy and Schmitz Nays: None

IX. ACTION ITEMS

1. Discuss, consider and take action on the approval of award of contract on the 2010 Town of Copper Canyon Capital Improvement Project, Phase II, to the low bidder and further giving authorization for Mayor Tejml to execute contract documents on behalf of the Town and all matters incident and related thereto.

Mayor Pro Tem Jeff Mangum moved to postpone action on this item to the August 9, 2010 Town Council meeting.

1. Discuss, consider and act upon adoption of an ordinance amending Ordinance #10-287, an Ordinance authorizing the issuance and sale of the Town of Copper Canyon, Texas General Obligation Bonds, Series 2010; providing an effective date; and enacting other provisions relating to the issuance and delivery of said Bonds.

Mayor Pro Tem Jeff Mangum moved to adopt Ordinance #291; an ordinance authorizing the issuance and sale of the Town of Copper Canyon, Texas, General Obligation Bonds, Series, 2010.

In accordance with Texas Local Government code, Section 22.073(b) Ordinance #10-291 is hereby engrossed and enrolled by copying the exact caption and effective date clause into these official minutes as follows:

ORDINANCE #10-291

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF COPPER CANYON, TEXAS, AMENDING AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN OF COPPER CANYON, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2010; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE ISSUANCE AND DELIVERY OF SAID BONDS.

2. Discuss, consider and take possible action to extend delivery date for General Obligation Bonds, Series 2010 and all matters incident and related thereto.

Deputy Mayor Pro Tem Steve Hill moved to extend the delivery date of the 2010 General Obligation Bonds to August 10, 2010.

Motion seconded by Mayor Pro Tem Jeff Mangum.

X. ADJOURN

Deputy Mayor Pro Tem Jeff Mangum moved to adjourn the meeting.

Council Member Dan Christy seconded the motion.

Meeting adjourned 8:05 p.m.

APPROVED BY THE TOWN COUNCIL ON THE ______DAY OF AUGUST, 2010.

______Sue Tejml, Mayor Town of Copper Canyon ______Liz Penny, TRMC Town Secretary Town of Copper Canyon