MINUTES OF THE

TOWN OF COPPER CANYON

REGULAR COUNCIL MEETING

April 14, 2008

I. CALL TO ORDER

Mayor Sue Tejml called the regular meeting of the Copper Canyon Town Council to order at 7:01 p.m. on the 14th day of April 2008, in the Council ChambersRoom at at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas.

Council present:

Sue Tejml Mayor

Jeff Mangum Mayor Pro Tem

John Brothers Council Member

Chris Franks Council Member

Council absent and excused:

Steve Hill Deputy Mayor Pro Tem

Dan Christy Council Member

Staff present:

Terry Welch Town Attorney

Quentin Hix Town Administrator

Jean Dwinnell Town Secretary

Brian Haynes Halff Associates

Mac Hohenberger Chief Argyle Volunteer Fire Department

Jason Quigley Deputy Constable

A quorum was established and Mayor Tejml and Council Members led the Pledge of Allegiance to the United States and Texas Flags.

II. PUBLIC INPUT

Citizens can make comments to the Town Council during this section of the meeting agenda. We ask citizens who wish to speak on agenda items to sign in on the sheet provided on the table at the back of the Council Chambers. There is a 3 minute time limit for each citizen who wishes to make a presentation. 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.

Ms. Janet Aune, 1313 Copper Canyon Road, the Town’s representative to the Upper Trinity Regional Water District, gave an update report to the council. She summarized a presentation made to the UTRWD Board of Directors about the protection of water quality and drainage corridors by educating communities, Home Owner Associations, Builders, Utility Companies, and Municipal Administrators. She explained that the corridors need to be identified, the zoning maintained, sediment limited, and standards developed for erosion control. She advised that the UTRWD Board of Directors accepted the recommendation unanimously to move forward with this watershed protection program.

Ms. Aune advised the Council that she had attended a 3-day conference in San Antonio, at her own expense, where many Texas water issues had been discussed.

Discussion ensued regarding the re-use of fracturing water by the gas well drilling companies. It was brought to the attention of the Council that Devon Energy currently is able to reuse almost 10 percent of their fracturing water.

III. PRESENTATIONS

Mayor Tejml presented a Certificate of Merit to Eagle Scout Garret Cooper.

Mr. Cooper explained his project to the Council and those in attendance.

Mayor Tejml advised that Garret’s father, Mark Cooper is the Chair of the Town’s Planning and Zoning Commission and that Mayor Pro Tem Mangum, Deputy Mayor Pro Tem Hill, and Council Member Brothers are all Eagle Scouts as well.

IV. MAYOR’S REPORT

Mayor Sue Tejml:

1)  advised that there had been a house fire north of Orchid Hill Lane, that the home was 4,000 square feet, that it was a total loss, and that 13 fire districts responded with 58-70 firefighters. She also recognized Mayor Pro Tem Jeff Mangum, a long time experienced volunteer firefighter for AVFD, who was on site throughout the day in full gear fighting the fire. Mayor Tejml also advised that the Finke acreage, north of Orchid Hill Lane and barely a block west from the fire, has almost three foot tall grass and needs mowing. Grass that tall will be a fire hazard if this summer is a dry one.

2)  advised that the Town Hall Lighted Sign Committee had completed their work on the sign located at the end of Woodland Drive on Chinn Chapel. She thanked the Committee, Eddie Charba, John Brothers, and Bob Owens for their hard work and excellent job.

3)  advised that a new map for the Elm Fork and Pilot Knoll Horse and Hiking Trails has been created by Ms. June Tyler working with Denton County GIS.

4)  advised that Code Enforcement Officer Steve Kohler would be driving through Town every two weeks observing any code violations and notifying landowners of any remedial work required.

5)  advised that it was the consensus of the Council during the workshop on March 24th to not to consider a false alarm ordinance at this time, as the number of false alarm calls was minimal. (Approximately two per month.)

6)  advised that it was the consensus of the Council during the workshop on March 24 to have Deputy Constable Quigley contact the 80 of the Town’s 85 gate owners that have not provided their gate code to acquire the codes.

7)  advised that the Town’s Birthday Party would be held on Sunday, April 20. She reviewed the activities that would be available and advised that many local businesses have donated gift certificates, that Boy Scout Troop 265 would be assisting with cleanup, and that Allied Waste would be donating trash receptacles.

V. COUNCIL REPORTS

Council Member Brothers requested a status report on the crack sealing of the Town’s roads and the water tap from Bartonville Water for the new Town sign on Chinn Chapel Road.

Mayor Tejml repeated the information she provided at the March Council Meeting. She advised that the cost to fog seal Rolling Acres and skip-stripe down the center would be $12,000; the cost to fog seal Chinn Chapel Road and stripe along the outside would be $68,000; the cost to add two inches of asphalt to Mobil Drive would be $38,000; the cost to asphalt Blackjack would be $68,000, but that Blackjack needs to be completely rebuilt first at an unknown cost to the Town. In addition, Blackjack Lane needs a cul de sac at the east end of the road to allow garbage trucks, school busses, and other vehicles to turn around. However, a minimum 60’ radius cul de sac would necessitate donations of land from the homeowners at the eastern end of the road. She advised that a meeting of the Road and Bridge Advisory Committee would be necessary to decide what road work should be done and further advised that the Town is out of budgeted money for roads this fiscal year and any additional road work would have to be paid from the road reserve fund.

Town Administrator Quentin Hix advised that the request had been made to the Bartonville Water Board for a discount on the tap for the new Town sign on Chinn Chapel Road, but that the Board advised there had never been a discount given and that the Town would need to go through the normal process to acquire the tap and have a meter set at that location.

Mayor Tejml announced that there had been several monetary donations by Council members and the Town Attorney, and that various businesses have donated drinks and paper goods for the Town’s birthday party.

Council Member Franks requested a status report on the signage to indicate when Old Alton is closed due to weather conditions.

Town Administrator Quentin Hix advised that there is a need for an emergency response plan to place and remove the signs at the appropriate times and locations.

Mayor Pro Tem Mangum advised that the north bound lane of Copper Canyon Road north of FM 407 has severe damage caused by the recent weather conditions and gas well drilling vehicles. The crack sealing needs to be done before the warm weather of summer increases the problem.

VI. STAFF REPORTS

Town Administrator, Quentin Hix:

1)  advised that the Town’s Court Clerk Cindy Fraser had been out with her daughter Lindsey who underwent an emergency appendectomy on Monday, March 31st, that the Town Secretary Jean Dwinnell had been out for an afternoon with her daughter Audrey who underwent surgery for a broken hand on Thursday, April 3rd, and that the Town’s Deputy Court Clerk Sharon Knightstep was dealing with a slipped disk involving a lot of pain and could miss six to eight weeks of work, he further advised that he would be looking for some temporary help for the Court office until Sharon could return, and that the Town Secretary’s father-in-law is gravely ill with cancer.

2)  reviewed the ongoing project list and budget performance summary included in the packet.

Town Secretary, Jean Dwinnell:

There was no discussion regarding the Town Secretary’s written report.

Fire Chief, Mac Hohenberger:

1)  reviewed his monthly report and amendments.

2)  advised he had attended the Annual Fire Chiefs Conference in Indianapolis recently, that he attended a lot of classes, and learned a lot.

3)  reminded the Council and the residents that there is no charge to the residents living in the Fire District for ambulance transports, only what is paid by their insurance companies.

4)  reminded the Council and the residents that the “Code Red System” uses GPS and only calls if there is an emergency in the immediate area.

5)  advised that 72 firefighters fought the house fire on Orchid Hill Lane and there were no injuries. (Four of the AVFD firefighters were career firefighters.)

6)  advised that work on the Copper Canyon Road Fire Station should begin within the next 60 days.

Mr. Kelly Harrison thanked Chief Hohenberger for his assistance with injured/sick people that live where he resides at 17 Blackjack Lane.

Police/Court – Deputy Constable Jason Quigley:

1)  reviewed his written report included in the packet.

2)  advised that the construction at the intersection of FM 407 and FM 2499 is causing traffic problems and many people are cutting through the Shops of Highland Village.

3)  advised that the Carizzo oil/gas rig trucks will begin coming into the Town on Tuesday, April 15th, that officers will be at various locations to assist with the truck traffic and that their trailers were moved in today, March 14th.

4)  advised that the number of bicyclists have increased and that he had stopped a group of 72. He expressed concern for the safety of the cyclists as well as the drivers on the Town’s narrow roadways. The adjoining town of Double Oak no longer allows cyclists on roadways within their town limits; this increases the number of cyclists using Copper Canyon’s roads.

5)  advised that the Town’s medic unit arrived at the house fire north of Orchid Hill Lane within five minutes of the call.

6)  advised that the Hickory Hill bridge project is moving along and there have not been any real problems with traffic in that area.

7)  advised that he and his family went to Disney World over the spring break holidays.

Engineer, Brian Haynes:

1)  advised that the Jernigan Road culvert project is complete and the roadway is now open to the public.

2)  advised that the Meadow Drive road project is complete.

3)  suggested the installation of manual arms on Old Alton Road to redirect traffic when the roadway is closed due to weather conditions.

Building Official, Steve Kohler:

1)  advised that the commercial sign at #11 Blackjack Lane had been removed, but the subcontractor’s commercial vehicle and trailer equipment was still there.

2)  advised there are lots on Blackjack Lane that need to be mowed

3)  advised that the home south of Deputy Mayor Pro Tem Hill on Copper Woods Lane still has the temporary above-ground sprinkler system.

4)  advised that most people are not complaining about the mowing requests, but some of them have lost spouses and are unaware of whom to call to get mowing done. He further advised that he had given information out on people who mow for a living.

Council Member Brothers asked Mr. Kohler to check the water running along the east side of Chinn Chapel Road and advised that it could be leakage from septic systems. (Possible leakage from septic systems had been checked by former Town Engineer Jeff Crannell the year before and found not to be a problem.)

Mayor Tejml instructed Mr. Kohler to issue citations for code violations, if warranted, Possible landowners violating the Town’s code might be the property owner at #11 Blackjack Lane and the Finke acreage on the north side of Orchid Hill Lane.

Mr. Kohler advised that he is not authorized to enter the properties and write citations, but that he would meet with Deputy Constable Quigley and they could go together to inspect possible code violations and/or write citations.

Animal Control Officer, Brian Hall:

There was no discussion regarding the Animal Control Officer’s written report.

VII. 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 Minutes of Council Meeting held March 10, 2008

2. Approve March 2008 Financial Statement

3. Approve Bills to be paid, and transfer of funds

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

Council Member Brothers seconded the motion.

There was no discussion and the vote on the motion was as follows:

Ayes: Mayor Pro Tem Mangum and Council Members Brothers and Franks

Nays: None

Mayor Tejml declared the motion carried unanimously.

VIII. ACTION & DISCUSSION ITEMS

1.  Discuss, consider, and take action on setback variances requested by Red Oak Gas Operating Company, L.P., regarding the drilling permit application for Aune Units #1H and #2H.