Copper Canyon Board of Aldermen s3

MINUTES TOWN OF COPPER CANYON REGULAR TOWN COUNCIL MEETING MONDAY, JUNE 9, 2014

The Town Council of the Town of Copper Canyon met in regular session on Monday, June 9, 2014, at 7:00 p.m. in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, whereupon the following items were considered:

I. CALL TO ORDER

Mayor Tejml called the regular meeting of the Copper Canyon Town Council to order at 7:00 p.m. on the 9th day of June, 2014 in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, 75077.

Council Present Jeff Mangum Mayor Pro Tem Steve Hill Deputy Mayor Pro Tem Valerie Cannaday Council Member Dan Christy Council Member

Council Member Nicholas was absent due to his business schedule.

Staff Present Terry Welch Town Attorney Donna Welsh Town Administrator Sheila Morales Town Secretary James Gaertner Town Engineer

A quorum of the Town Council was established.

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

II. OATH OF OFFICE

Mayor Tejml administered the Oath of Office and Statement of Officer to Valerie Pearson Cannaday. Her husband, Michael Cannaday, and their two daughters were in attendance at the meeting.

Mayor Tejml stated that Valerie was raised in Bartonville, Texas. She attended Texas Tech and Southwestern Baptist Seminary in Ft. Worth. Valerie served on the Town’s Long Range Planning Task Force for Roads and personally drove each road to observe its physical condition. She also supported the Town’s first Road Bond for Roads and helped to educate her neighbors on its merits.

Professionally, Valerie has been a top producing realtor with REMAX DFW for 10 years – 3 years in Southlake and 7 years based in Flower Mound. She has personally sold 10 of the 15 multi acre lots in our Town’s Hidden Creek Subdivision. Valerie will be a valuable asset in marketing residential lots and commercial acreage in Copper Canyon’s new Town Center development.

Her husband, Michael Cannaday has been a commercial and residential builder for 20 years. He is currently building custom homes in the million dollar range in Hidden Creek Estates and Quiet Hill Estates, both of which are subdivisions in Copper Canyon. Commercially, he has recently built the neurological center in Flower Mound, the eye center in Denton, and the “Mellow Mushroom Pizza” restaurants in Mansfield and in Flower Mound.

III. PUBLIC INPUT

(Pursuant to State Open Meetings law, the Town Council cannot discuss or take action on items not posted on the Agenda. Therefore, the Council cannot take action on or discuss any issues or items brought up during public input.)

No one spoke.

IV. MAYOR’S REMARKS

As for the Mayor’s remarks, Mayor Tejml referenced her “What’s Happening” article for June, 2014, which was attached to the June, 2014 Council Agenda.

V. STAFF REPORTS

Denton County Sheriff Office Report - A copy of the written report is filed with the minutes. Fire Chief Report - A copy of the written report is filed with the minutes. Town Engineer Report - A copy of the written report is filed with the minutes. Town Administrator Report - A copy of the written report is filed with the minutes. Cross Timbers Water Supply Report – No report was submitted.

VI. 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 the April, 2014 Financials 2. Approve the May, 2014 Financials 3. Ratify Bills paid in May, 2014 4. Approve Bills to be paid in June, 2014 5. Approve March 10, 2014 Minutes of Council Meeting 6. Approve April 14, 2014 Minutes of Council Meeting 7. Approve updated Budget Pro Forma through May 31, 2014

Upon consideration of the items, a motion was made by Mayor Pro Tem Mangum to approve Consent Items #1-7 as presented.

Council Member Christy seconded the motion.

Ayes: Mayor Pro Tem Mangum, Council Members Cannaday and Christy Nays: None Abstain: Deputy Mayor Pro Tem Hill (since he was not at the March and April council meetings)

Mayor Sue Tejml announced that the motion carried unanimously.

VII. ACTION & DISCUSSION ITEMS

1. Presentation of TCEQ MS4 Storm Water Management Program (SWMP) by Halff and Associates.

Town Engineer Gaertner distributed two handouts to the Council (Town of Copper Canyon – SWMP Summary Table and a Power Point Presentation titled “TCEQ MS4 Phase II Permit – Are you ready?” (These handouts are filed with the June, 2014 Minutes.)

He stated that these requirements initially came from the US Environmental Protection Agency (EPA) and they are enforced by the Texas Commission on Environmental Quality (TCEQ) state agency.

He guided the Council Members and audience through his presentation (as found in the handouts). The material detailed the SWMP Minimum Control Measures (MCM) required and he explained how the Town plans to address and satisfy the requirements.

Gaertner said that the purpose of the Storm Water Management Plan was to ensure that reservoirs supplying drinking water for the area are not contaminated by rain water runoff. Copper Canyon is in Year #1 of a five year plan.

Mayor Tejml commented that the Storm Water Management Plan was not optional but mandated - and that the Town had been anticipating complying with the law as soon as required to do so.

No questions were asked by Council.

No action was taken.

2. Public Hearing and meeting, and discuss and consider action, regarding the TCEQ MS4 storm water management program, and all matters incident and related thereto.

Mayor Tejml opened the public hearing 7:30 p.m.

No one spoke.

Mayor Tejml closed the public hearing 7:31 p.m.

No action was taken.

3. Discuss, consider and take action on Ordinance # 14-005 – Town Center Wastewater System Charges and Pro Rata Reimbursements.

Town Attorney Terry Welch explained that there were several components to the Town Center wastewater project, many of which have been addressed, such as: 1) Establishing an agreement with the land owners regarding their funding of the initial wastewater line installation connecting to Flower Mound’s system, 2) Annexing property from BridgeWay Church, 3) Constructing the sewer line, and 4) Creating a pro rata agreement between the original funding land owners and reimbursement from future developers who connect to the wastewater system.

One of the remaining components is covered by the proposed Ordinance 14-005 – Town Center Wastewater System Charges and Pro Rata Reimbursements. It is needed so that when wastewater customers come online, the Town will have provisions governing the process. Another component to be addressed in the near future will be establishing the billing process of those using the wastewater lines.

A motion was made by Mayor Pro Tem Mangum to approve Ordinance 14-005 – Town Center Wastewater System Charges and Pro Rata Reimbursements.

Deputy Mayor Pro Tem Hill seconded the motion.

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

4. Discuss, consider and take action regarding Town base fees for residential and commercial building.

Mayor Tejml asked Mayor Pro Tem Mangum to explain this action item.

Mayor Pro Tem Mangum stated the following: Based on the last Council meeting (April, 2014), a committee was formed to review the Town’s base permit fees, for both residential and commercial. The committee was comprised of the Town’s Mayor, Sue Tejml, Mayor Pro Tem, Jeff Mangum, Town Administrator, Donna Welsh, P&Z Member, Andre Nicholas, and BOA Member, Bud Henry.

Based on direction from the Town Attorney, they studied the fees to ensure that the current fees covered the Town’s cost of providing building permits. The committee separated their reviews between commercial permit fees and residential permit fees. As for the residential fees, the committee found that the current building permit fees are reasonable in cost and that they meet the Town’s expenses. Therefore, the committee recommended that the residential fees be left unchanged. As for commercial fees, the committee recommended a change to read as follows (under Article A4.000 Building/Construction (d)(1) Plan Review – A non-refundable plan review fee equal to sixty five percent (65%) of the total permit is due at time of building permit plan submittal. The plan review deposit will be applied toward the cost of the building permit. Developer or contractor has six months after plan submittal to obtain approval of the building permit.

A motion was made by Deputy Mayor Pro Tem Hill to adopt the proposed changes as presented by the Building/Construction Permit Fee Committee.

Council Member Christy seconded the motion.

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

Town Attorney Welch stated that he would bring a formal Ordinance (14-006) to the Council as a consent item on the July agenda.

5. Discuss, consider and take action regarding issues related to preventing engine breaks, or “jake brakes,” in the Town.

Mayor Tejml stated that this item was brought to the attention of the Town by an email from a presumably Double Oak resident. Mayor Tejml contacted Mayor Mike Donnelly, who said that he was familiar with the Double Oak resident but that this was not a request of the Double Oak Town Council. No other complaint has been received.

Council Member Cannaday asked if this has been an issue in the past. Mayor Tejml stated that it had not been an issue in the past. No Copper Canyon residents have complained.

Deputy Mayor Pro Tem Hill stated that many trucks, not just semi-trucks, are equipped with engine breaks.

Mayor Tejml stated that one of the big concerns relating to this requirement would be how the Town would enforce the requirement. At this point the Town’s contract with Denton County for two dedicated Deputy Sheriffs does not provide for this type of specific enforcement.

Mayor Pro Tem Mangum stated that he does not want to remove safety features off a truck that provides the ability of that truck a means to stop. (Fire trucks are equipped with these type brakes and are sometimes exempted from the requirement in municipal ordinances.) He definitely preferred the safety of the braking mechanism over the nuisance of the noise produced. He also stated (based on his research) that other communities that have adopted this rule, require their officers to attend a specific traffic training class relating to enforcing engine brake regulations.

No action taken.

VIII. EXECUTIVE SESSION

The Town Council did not convene into closed session.

IX. CONSIDERATION OF EXECUTIVE SESSION ITEM

The Town Council did not convene into closed session and therefore did not consider any executive session items.

X. ADJOURN

Council Member Cannaday moved to adjourn the meeting.

Mayor Pro Tem Mangum seconded the motion.

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

Meeting adjourned at 7:46 p.m.

APPROVED BY THE TOWN COUNCIL THIS ______DAY OF JULY, 2014

______Sue Tejml, Mayor

______Sheila B. Morales Town Secretary Town of Copper Canyon