Copper Canyon Board of Aldermen s2

MINUTES

TOWN OF COPPER CANYON

JOINT MEETING FOR THE

REGULAR TOWN COUNCIL MEETING

MONDAY, JANUARY 13, 2014

AND

PLANNING AND ZONING COMMISSION (P&Z)

MONDAY, JANUARY 13, 2014

The Town Council of the Town of Copper Canyon met in regular session along with the Town of Copper Canyon Planning and Zoning Commission on Monday, January 13, 2014, at 7:02 p.m. in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, whereupon the following items were considered:

I.  TOWN COUNCIL – CALL TO ORDER

Mayor Tejml called the regular meeting of the Copper Canyon Town Council to order at 7:02 p.m. on the 13th day of January, 2014 in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, 75077.

Council Present

Jeff Mangum Mayor Pro Tem

Dan Christy Council Member

Charlie Nicholas Council Member

Dave Svatik Council Member

Deputy Mayor Pro Tem Steve Hill was absent due to 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.  P&Z - CALL TO ORDER

Chairman Aune called the meeting of the Copper Canyon Planning and Zoning Commission to order at 7:04 p.m. on the 13th day of January, 2014 in the Council Chambers at Copper Canyon Town Hall, 400 Woodland Drive, Copper Canyon, Texas, 75077.

Commissioners Present

Janet Aune Chairman

Michele Beshore Commissioner

Dan Lemke Commissioner (alternate)

Andre Nicholas Commissioner

Tom Reed Commissioner (alternate)

Commissioners Present (not sitting at dais)

Michael Cannaday Commissioner (alternate)

Darrin Peterson Commissioner (alternate)

Louise Williams Commissioner (alternate)

III.  P&Z - APPROVE THE MINUTES OF THE SEPTEMBER 30, 2013 MEETING

Commissioner Reed moved to approve the September 30, 2013 P&Z minutes.

Before the motion was seconded, Commissioner Nicholas noted that he would like to add a side note that there were a lot of items that were not included in the minutes, particularly the items that were discussed by the Town Engineer.

Following the side note, the motion was seconded by Commissioner Nicholas.

Ayes: Chairman Aune and Commissioners Beshore, Lemke, Nicholas and Reed

Nays: None

Chairman Aune declared that the motion carried unanimously.

IV. P&Z - RECESS

Chairman Aune called a recess for the Planning and Zoning Commission at 7:05 p.m.

V.  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.)

Janet Aune (1313 Copper Canyon Rd) spoke and submitted her statement to the Town Secretary. Her statement is as follows:

The Upper Trinity Regional Water District (UTRWD) received notice last December that the water rights permit was officially granted to the District for Lake Ralph Hall. The permit had been approved by TCEQ last September, but it could not become final until all motions for rehearing had run their course.

National Wildlife Federation had filed a motion for rehearing by TCEQ, but no action was taken and all parties were informed that the motion had been overruled. This cleared the way for the Lake Ralph Hall permit to become effective.

The last step of this phase was just completed when the Water Rights Permit was filed with Fannin County. UTRWD hopes to have Lake Ralph Hall filled by mid-2020s. It will help the District to cope with the drought and fast growing population.

Regarding rate increases, Arlington is raising their water rates 8% this year. Dallas increased the price of raw water 16%. And Upper Trinity, by comparison, increased the wholesale rate by 3%.

Mayor Tejml recognized Joshua Keltz and Jacob Keltz from Boy Scout Troop 1171. They were in attendance at the meeting to earn their ‘Citizenship in the Community’ badge. They were accompanied by their grandfather, Don Williamson.

VI. 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.

Council Member Svatik asked if the ‘Welcome to Copper Canyon’ sign could be put up at the southern end of Chinn Chapel.

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 the October, 2013 Financials

2.  Approve the November, 2013 Financials

3.  Approve the December, 2013 Financials

4.  Ratify Bills paid in October, 2013 through December, 2013

5.  Approve Bills to be paid in January, 2014

6.  Approve October 14, 2013 Minutes of Council Meeting

7.  Approve October 28, 2013 Minutes of Council Meeting

8.  Approve updated Budget Pro Forma through December 31, 2013

9.  Approve Ordinance 13-009 granting a franchise to Cross Timbers Water Supply Corporation to be effective January 1, 2014 through December 31, 2014.

10.  Approve the update to the Employee Handbook, Section 3.3 – Health and Life Insurance.

11.  Approve appointment of Michael Cannaday to the Planning Zoning Commission.

Town Administrator Welsh clarified that the ‘unanticipated expense’ of $105.82 was miscoded when the check was processed. The expense was actually for office expenses and has since been corrected.

Upon consideration of the items, a motion was made by Mayor Pro Tem Mangum to approve Consent Items #1-11 as presented along with the $105.82 correction.

Council Member Christy seconded the motion.

Ayes: Mayor Pro Tem Mangum, Council Members Christy, Nicholas and Svatik

Nays: None

Mayor Sue Tejml announced that the motion carried unanimously.

VIII.  P&Z TO RECONVENE

Chairman Aune reconvened the Planning and Zoning Commission at 7:13 p.m.

IX. JOINT WORKSHOP WITH TOWN COUNCIL AND PLANNING & ZONING COMMISSION

1.  Discuss and consider the Future Land Use Plan for the Town Center portion of the Master Plan. (This item is for discussion purposes only and no action will be taken.)

Mayor Tejml opened the joint workshop between the Town Council and Planning and Zoning Commission and noted that the items are for discussion purposes only and no action will be taken this evening.

Mayor Tejml explained that all the potential buyers’ proposals to date for Town Center South have been for residential only. With this plan, two-thirds of the waste water (limited by contract with Flower Mound to 400,000 gallons per day) would be left for Town Center North. This is an advantage to the Town and provides more flexibility for future commercial development in the North Town Center.

The Mayor indicated that it was her understanding that the offer for mainly Over Age-55 Restricted Housing on the Luane Williams property in the North Town Center was not accepted.

Kent Vickery and the Vickery Family have asked Jim Carter to communicate with interested developers of the Vickery property.

Jim Carter said that he has met with a few developers, and they are very interested in the Vickery property. However, they all agree that the 85 acres to the south are primarily useful for residential development rather than commercial. Currently there are a couple of developers interested in purchasing the Town Center South property. He suggested that the Council and Planning & Zoning Commission consider what exactly they would like developed on the property and also consider what someone would be willing to pay to develop the property. Compromise between the two thoughts will be necessary.

Council Member Christy asked for clarification of the plan for the joint workshop. Mayor Tejml explained that the purpose was to discuss the increased developer interest in the Town Center properties and the zoning on the properties. Residential lots are currently in short supply; therefore, potential buyers are interested in developing this property as residential only. However, developers have stated that they need at least four lots per acre to make any development worth the cost. (I.e. cost of land, interior roads, utility connections, infrastructure such as traffic signals at entry points off of FM 407, drainage areas and retention ponds, and any amenities such as greenbelt areas and/or community centers.) Mayor Tejml also stressed that the number of lots per acre needed to be addressed, since the Town’s current Master Plan (adopted 9 years ago in 2004) allowed ‘up to 12 lots per acre for up to 20% of the development’ in Town Center South. (Town Engineer James Gaertner clarified: Refer to section 2-103.D.1.a of the current ordinance – “Shall be restricted to a maximum gross land use (i.e. including streets, etc.) of 20% of TC/S land area;”

Council Member Christy spoke and mentioned the following:

·  The Town Center zoning should be addressed and established rather than spending time discussing the developers’ proposals.

·  The Town Center zoning needs to be set first, rather than changing the Town’s zoning every time a developer’s proposal is received.

·  If the Town Center south is developed completely residential (based on 280-300 homes), that could increase the Town’s population and could impact the rural atmosphere of Copper Canyon.

·  Neighbors to the south (Town of Double Oak) would not appreciate 300 houses right over their property line.

·  He wants to keep the current rural feel of Copper Canyon.

·  He feels that the Vickery family would be making a big mistake if they give up the possibility to develop commercially. He believed that they would be much better off selling the property as commercial as compared to residential, even if it takes longer to sell the property.

·  Commercial development would be the best benefit for the Town. Residential development is not as much of an advantage considering with residential development comes increased costs, such as road maintenance.

·  When the Town Center was first discussed by Council, the whole purpose was to get tax revenue for the town (residential development is not the best way to achieve this).

·  He could go along with the higher density as long as it would be limited to 20% of both the North Town Center and South Town Center’s acreage combined.

·  When coming out of a recession, as our country is doing, housing is always the first to develop. After the houses are there, the population increases which is then followed by commercial development.

·  The whole idea of the Town Center was to generate tax revenue for the Town. He would like the Town Center to develop with more commercial vs. residential.

·  He suggested selling the FM 407 frontage property for more money per acre and then selling the rear property of the Town Center for less and for residential development. With that plan, the residential area would act as a buffer to the neighbors in Double Oak.

·  He encouraged the Town and land owners to be patient in waiting for the commercial developers.

Council Member Svatik spoke and mentioned the following:

·  He echoed Council Member Christy’s comments.

·  The Town residents have said over and over that they do not want high density development in the Town Center but instead more commercial development.

·  The Town needs to set the zoning, rather than changing the zoning with every developer’s proposal.

·  The additional population that would come with residential development could impact the rural ‘feel’ of Copper Canyon.

·  He cannot imagine nice homes wanting to live off a busy street (FM 407) without commercial built as a buffer to the busy street. Mayor Tejml mentioned that in talking to developers, homeowners do not want to back up to commercial strips.

·  It would benefit Copper Canyon for both sides of FM 407 to develop commercial.

·  He wants to be a good neighbor to the Town of Double Oak by providing an atheistically pleasing buffer between the Copper Canyon Town Center and their homes.

·  The Town needs to think of something unique, rather than just town houses being built as a buffer similar to those in other nearby town centers, in order to make our center more attractive.

Mayor Pro Tem Mangum spoke and mentioned the following:

·  He echoed Council Members Christy and Svatik’s comments, especially with regards to Town Center South.

·  He does not recommend changing the Town’s Maser Plan for what developers want.

·  He suggested the zoning be set and that if a different plan is presented then it would be handled as a planned development

·  In the long run if the Town wants tax relief, Copper Canyon needs commercial development.

·  With residential development, comes street maintenance, a bigger need for more police, and a bigger need for more staff.

P&Z Chairman Aune spoke and mentioned the following:

·  The Town Center area is removed from most of Copper Canyon.

·  Regarding the age restricted development; did the Town ask the developers if they would be interested in any other locations in the Town Center? Jim Carter answered and stated that the developer said that the other locations were cost prohibitive.

Jim Carter with Halff spoke:

·  The Town has been looking at developing the Town Center for several years.

·  The original plan was to develop the Town Center with all commercial.

·  Currently most of the big chain stores have moved into the Town’s surrounding areas, so that leaves very few if any to build in the Town.

·  The Town needs to consider two things: 1) what does the Town want, and 2) don’t make it too difficult or developers will be scared away.

·  The property has been on the market for 8-9 years.

·  He agreed that with residential development more services are required of the Town. However, collecting $0.30 cents per $100,000 valuation on homes valued at an average of $700,000 would be a nice sum.