TOWN OF SUNNYVALE SUNNYVALE TOWN COUNCIL SPECIAL MEETING CONFERENCE ROOM N. COLLINS RD MONDAY, JULY 27, :00 P.M.

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1 TOWN OF SUNNYVALE SUNNYVALE TOWN COUNCIL SPECIAL MEETING CONFERENCE ROOM N. COLLINS RD MONDAY, JULY 27, :00 P.M. MAYOR JIM PHAUP MAYOR PRO-TEM, & PLACE 2 SAJI GEORGE ABSENT COUNCILMEMBER, PLACE 1 KARA RANTA COUNCILMEMBER, PLACE 3 MARK EGAN COUNCILMEMBER, PLACE 4 JIM WADE COUNCILMEMBER, PLACE 5 KAREN HILL COUNCILMEMBER, PLACE 6 CHRIS MCNEILL CALL MEETING TO ORDER Mayor Pro-Tem George called the meeting to order at 6:07 p.m. Phaup arrived at 6:07 p.m. Councilmember McNeill arrived at 6:12 p.m. 1. DISCUSSION WITH FREESE AND NICHOLS FOR OVERVIEW OF PROCESS FOR THE DEVELOPMENT OF A UNIFIED DEVELOPMENT ORDINANCE (UDO). Daniel Harrison and Chelsea Irby, with Freese and Nichols, Inc., provided an overview of the process for creating a new Unified Development Ordinance. EXECUTIVE SESSION Recess into executive session pursuant to Chapter 551, Subchapter D of the Texas Government Code: EXECUTIVE SESSION AGENDA: A. SECTION PERSONNEL MATTERS To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: TOWN ATTORNEY Councilmember Hill made a motion, seconded by Mayor Pro-Tem George, to recess into executive session at 6:48 p.m. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 6/0. Councilmember Ranta was absent.

2 TCS END OF EXECUTIVE SESSION Reconvene into open session and take any action necessary as a result of the Executive Session. 2. CONSIDER ANY OFFICIAL ACTION ON THE EXECUTIVE SESSION CLOSED MEETING ITEMS: A. SECTION PERSONNEL MATTERS To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: TOWN ATTORNEY Mayor Phaup reconvened the meeting at 7:25 p.m. Councilmember Hill made a motion, seconded by Councilmember Egan, to authorize the Town Manager to negotiate fees and memorialize an engagement letter for the services of Nichols, Jackson, Dillard, Hager & Smith to serve as the Town s legal counsel. ADJOURN Mayor Phaup adjourned the meeting at 7:25 p.m. The undersigned presiding officer certifies that this is a true and correct record of the proceedings. Mayor Jim Phaup ATTEST: Leslie Malone, Town Secretary

3 TOWN OF SUNNYVALE SUNNYVALE TOWN COUNCIL REGULAR MEETING MONDAY, JULY 27, 2015 TOWN HALL N. COLLINS RD. 7:00 P.M. MAYOR JIM PHAUP MAYOR PRO-TEM, & PLACE 2 SAJI GEORGE ABSENT COUNCILMEMBER, PLACE 1 KARA RANTA COUNCILMEMBER, PLACE 3 MARK EGAN COUNCILMEMBER, PLACE 4 JIM WADE COUNCILMEMBER, PLACE 5 KAREN HILL COUNCILMEMBER, PLACE 6 CHRIS MCNEILL INVOCATION Councilmember Hill led the invocation. PLEDGE OF ALLEGIANCE Phaup led the Pledge of Allegiance. CALL MEETING TO ORDER Mayor Phaup called the meeting to order at 7:27 p.m. Councilmember Ranta was absent. PUBLIC FORUM Michael Giordano, 3056 Cypress Way, spoke to the Town Council regarding 4B Economic Development Projects. Mr. Giordano stated that two weeks ago, the Council took no action on the repair and installation of a soccer field at Vineyard Park. As a Board, due diligence had been completed. His concern is that some of those on the Board are wasting their time. Mayor Phaup stated that the Council does not provide feedback during this portion of the agenda. The item to consider the additional soccer field is scheduled to be considered at the August 10, 2015, Town Council meeting. Mr. Giordano read the September minutes where he had requested joint meetings between the Town Council and 4B Development Corporation more than once per year. If the 4B Development Corporation is working on a project that the Town Council is not agreeable to, 4B needs to know. He expects the Town Council to read the minutes of all Boards. Mr. Giordano stated that he has been on the Homeowner s Association for Creekside. For ten years, the HOA has heard that the Town Council is working on a red light for Creekside and Belt Line. Miraculously, there is a traffic signal at Tripp and Collins. Mr. Giordano asked how the Town has the money for a signal at Tripp and Collins if not at Creekside and Belt Line.

4 PRESENTATION Mayoral proclamation recognizing 50 years of service by former Librarian Doris Padgett. Presentation of Resolution by State Representative Cindy Burkett in honor of former Librarian Doris Padgett. Mayoral proclamation recognizing Deputy James Allman. CONSENT AGENDA ITEMS 1 THROUGH_3: All items on the consent agenda are routine items and may be approved with one motion; should any member of the Town Council or any individual wish to discuss any item, said item may be removed from the consent agenda by motion of the Town Council. 1. MINUTES OF SPECIAL TOWN COUNCIL MEETING JULY 13, MINUTES OF REGULAR TOWN COUNCIL MEETING JULY 13, ACCEPTANCE OF DEPARTMENT MONTHLY REPORTS JUNE Item 2 was removed from the Consent Agenda. Councilmember McNeill made a motion, seconded by Councilmember Egan, to approve Items 1 and 3. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 6/0. Councilmember Ranta was absent. Councilmember Egan stated that the day after the last Council meeting, stop signs were installed in Stone Canyon, but that information was not included in the minutes of the meeting. Councilmember Egan made a motion, seconded by Councilmember Hill, to approve the minutes of the July 13, 2015 Regular Town Council Meeting as amended by changing the sentence The Council took no action. to read, The Town Council directed staff to install stop signs as an intermediary measure until further research could be conducted. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 6/0. Councilmember Ranta was absent. PUBLIC HEARING Open or continue public hearing, consider testimony and other information provided, close public hearing, and take necessary action with respect to the following: 4. APPLICANT: CHRIS HOWAY AT OR ABOUT: 200A BARNES BRIDGE RD REQUEST: CONDITIONAL USE PERMIT - FOR AN ACCESSORY DWELLING Councilmember Egan informed the Council that he would abstain from voting on this Item. Councilmember Egan stated he has filed a Conflict of Interest Affidavit with the Town Secretary as prescribed by state law and the Town s Home Rule Charter. Director of Development Services Rashad Jackson introduced the request, stating that the applicant owns the property located at 200A Barnes Bridge Road. The property is currently zoned SF-3 and is approximately 1.01 acres in size. The applicant is requesting to remodel an

5 existing workshop/cabana into a living quarters for his mother-in-law. The remodel would add a second story to the existing workshop/cabana and increase the square footage of the building (under the roof) to approximately 2,000 square feet. Director of Development Services Rashad Jackson stated that in Chapter 7 of the zoning ordinance, Section 7.3.G. establishes that accessory dwelling units are allowed by conditional use permit (CUP) pursuant to Section Section 19.1.B establishes minimum development standards for accessory dwelling units (maximum number of stories, minimum lot size, masonry requirements and maximum wall height). Upon review, Staff notes that the applicant fails to meet the following requirements of Section 19.1.B. The applicant requests approval of variations from these standards: Number of Stories: Section 19.1.A.4, The overall height of an accessory building or accessory dwelling unit is not to exceed one-story. (Note: The applicant is proposing a two story accessory dwelling unit.) Lot Size: Section 19.1.B.2, No accessory dwelling unit may be constructed on a lot less than 2 acres in size. (Note: The applicant s lot is 1.01 acres) Masonry Standard: Section 19.1.D.1.a., All accessory buildings larger than 400 square feet shall be constructed of the same exterior construction materials as that of the principal building and, at a minimum, the requirements shall meet or exceed the following: (a) The exterior walls, to include the front elevation and any other elevation facing a dedicated street, must consist of 90% brick or stone material. (b) Fiber cement siding may be used to fulfill the masonry requirements for buildings accessory to an existing principal building constructed of wood or vinyl siding. (Note: The building is larger than 400 square feet and brick is not used on the second story façade. Brick is used on the exterior of the principal structure, which triggers the requirement for the accessory dwelling to have a brick façade. The second story of the principal structure is cladded with vinyl siding. The applicant proposes to match the principal home by using vinyl on the second story of the accessory building Wall Height: Chart 19.1 states the maximum wall height shall be 10 feet. The wall height is measured from the top of the building foundation to the top of the plate line supporting the roof. The proposed wall height is 19.6 feet, which exceeds the allowed wall height. Director of Development Services Rashad Jackson stated that public notice was provided to the Town s Official Newspaper for publication on July 1, Letters were also sent to property owners within 400 on July 9, The total number of letters sent was twenty-four (24). As of the release of the Staff Memo, one (1) response in favor had been received. A petition was included with the applicants submittal which notes support of the applicants CUP request from surrounding neighbors. Five (5) signatures were provided from abutting property owners. Director of Development Services Rashad Jackson stated that with Town Council s consideration of the application, changes or variations to district standards can be considered. Section 24.2 of the zoning ordinance reads:

6 24.2.A: Whenever an applicant for a conditional use permit seeks to vary or waive any of the regulations or standards applicable within the zoning district, he shall clearly identify such variation or waiver on the site plan required by this chapter B: In order to implement the purposes of this chapter, the Town Council may grant variations or waivers to zoning district standards that have been requested by an applicant and specifically identified in the application, only if it determines that the proposed use is appropriate for the site and that such variations or waivers are necessary to render the use compatible with adjoining land uses and consistent with the purpose of the district in which the use is proposed B: Any attempt to vary or waive a zoning district standard that is not specifically identified in the application for the conditional use shall be void. Director of Development Services Rashad Jackson stated that Staff believes that the biggest difficulty in approving this application would be the lack of sufficient lot size, with 2.0 acres being required and the lot providing only 1.01 acres. Final approval of all other variation requests made by the applicant would be left up to Town Council s discretion. If the proposed accessory dwelling was to be built as a new ground up construction, Staff would not be in favor of these CUP variations. But since the building exists and the proposed changes do not adversely affect or increase the existing building footprint, Staff is open to considering the applicants variation requests. The proposed changes to the exterior are consistent with the principal building. Mayor Pro-Tem George asked why this item was not referred to the Board of Adjustments. Director of Development Services Rashad Jackson stated that the CUP process allows the applicant to seek variations through the Planning & Zoning Commission and Town Council. In response to a question from Councilmember Hill and Councilmember Wade, Director of Development Services Rashad Jackson stated that the CUP remains with the property, not the owner. In response to a question from Councilmember Hill, Director of Development Services Rashad Jackson stated that there is a restriction that prevents the accessory dwelling from being rented to a non-family member. Applicant Shelly Howay, 200A Barnes Bridge Rd., stated that she lives at the property with her husband and two children. She would like to move her mother into the structure. Currently, the structure is 1,000 square feet, with approximately half being used as storage for lawn and other equipment. The roof line will be raised 31 inches, but will remain shorter than the main living dwelling. The accessory dwelling will remain in the existing footprint and cannot be seen from Barnes Bridge Road. The views will be improved. Mayor Phaup opened the Public Hearing. No comments were provided. Mayor Phaup closed the Public Hearing. In response to a question from Mayor Pro-Tem George, Director of Development Services Rashad Jackson stated that there are special conditions for this property that include the use of the existing footprint and only a 31 inch increase in the wall height.

7 Mayor Phaup stated this is a unique property. Councilmember Hill stated this property is not visible from the roadway and will improve the aesthetics of the existing structure. Councilmember Wade stated that when the house was built it met the code. This request is for a structure that is not visible, improves the property, and has not impact to neighbors. The Town s ordinances do not allow for rental of this structure to non-family members. Mayor Phaup stated that the reality is that there are a lot of these types of structures throughout Town. The key points to approving this request are that that structure is not easily seen form a roadway and matches the main dwelling. Mayor Pro-Tem George expressed concerns over documenting the special circumstances of the property. Director of Development Services Rashad Jackson stated that the CUP process is designed to allow for the review of the specific criteria for each individual request. Councilmember Wade made a motion, seconded by Mayor Pro-Tem George, to approve the CUP for an accessory dwelling located at or about 200A Barnes Bridge Road acknowledging that the property is less than 2 acres in size, is more than one story in height, does not meet the masonry standard of 90% masonry coverage, and exceeds the wall height limit of ten feet. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 5/0. Councilmember Egan abstained citing a conflict of interest, and Councilmember Ranta was absent. DISCUSSION/ACTION ITEMS: DEVELOPMENT SERVICES 5. DISCUSS AND CONSIDER SECOND READING OF ORDINANCE 15-11: AN ORDINANCE OF THE TOWN OF SUNNYVALE, TEXAS, AMENDING PART 2, TABLE 2-10 (DRIVEWAY DESIGN STANDARDS) OF THE ENGINEERING DESIGN MANUAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION BY CAPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Director of Development Services Rashad Jackson introduced the item. Town staff has proposed an update the Engineering Design Manual in order to keep up with current home designs. Our current driveway approach regulation allows for a maximum driveway approach width of twenty-seven (27 ) feet for residences. Staff has researched and reviewed multiple subdivisions in Sunnyvale and noted that multiple homes are constructed with driveway approaches wider than the standard allows. Homes that were constructed with a wider approach were typically those homes designed with 3-car garages and/or 3-car driveways. Research has shown that most homes in Sunnyvale designed with a 3-car garage (side entry or rear entry) required at least a minimum driveway approach of thirty-nine (39 ) feet in order to match the width of the garage façade/openings. With the advent of homes being constructed with 3 car garages and 3 car driveways, Staff would like to consider amending the maximum driveway approach width standard for residential homes. Director of Development Services Rashad Jackson stated that at the first reading of this proposed amendment, Staff was asked by Town Council to consider adding a driveway

8 approach standard for side entry garages as well. Additional standards for side entry garages have been included. A driveway approach of thirty-nine (39 ) feet would be allowed for homes whose garage directly faced a right of way. The additional standard was drafted so as to assure consistent development. Town staff is seeking approval from the Town Council. In response to a question from Councilmember Hill and Councilmember Wade, Director of Development Services Rashad Jackson stated that driveways the width of three cars are allowed even if the residence only has a two car garage. Councilmember Wade stated that allowing driveways wider than garages was concerning and he wanted to make sure single car carports were not placed there. John Noster, 120 Lakeview, stated this was brought up at the Board of Adjustments because two properties on Eagles Crest have poured wider driveways and were caught by the Building Inspector. The Board of Adjustments denied the request. Councilmember Hill asked that in future Staff memos it be noted if the request has been heard at other Boards. Councilmember Hill made a motion, seconded by Councilmember Egan, to approve Ordinance as presented. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 6/0. Councilmember Ranta was absent. 6. DISCUSS AND CONSIDER FIRST READING OF ORDINANCE 15-12: AN ORDINANCE OF THE TOWN OF SUNNYVALE, TEXAS; AMENDING THE SUNNYVALE TOWN CODE BY REPEALING CHAPTER 2 ANIMAL CONTROL OF THE CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 2, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. Director of Development Services Rashad Jackson introduced the Ordinance. In 2014, Town staff received notification from the Texas Department of State Health Services, Zoonosis Control Program, that the Town had not established an Animal Shelter Advisory Committee and had not identified a Local Rabies Control Authority. In response, the town revised its ordinance and established the required committee and rabies control authority per state standards. During the review process, Town staff found that the existing Animal Control Ordinance within the Town of Sunnyvale Code of Ordinances appeared to be dated. Director of Development Services Rashad Jackson stated that Town staff has drafted an ordinance that is more up to date with current animal control practices. The proposed code takes into account the provisions established by Texas Health and Safety Code, Title 10 Health and Safety of Animals, Chapter 823 Animal Shelters and Section Advisory Committee. The proposed regulations were drafted to be consistent with state regulations yet specific enough to address Sunnyvale issues. The current draft was reviewed by our Town Attorney, Animal Control Officer and development staff for clarity and implementation issues. Key issues that were reviewed included clarity of definitions, consistency with state regulations, civil liability with regard to enforcement, non-conforming uses, and housing, stabling or pasturing of livestock, and an animal related fee schedule.

9 In response to a question from Mayor Pro-Tem George, Director of Development Services Rashad Jackson stated that other communities ordinances have been reviewed and the proposed ordinance combines pieces from other communities and Staff does feel the ordinance is clear and easily understood. Councilmember Hill asked that if someone has a license to operate a rescue that it be required to post such license outside of the residence. 7. AN ORDINANCE OF THE TOWN OF SUNNYVALE, TEXAS; AMENDING APPENDIX A, FEE SCHEDULE, BY REPEALING ARTICLE ANIMAL RELATED FEES, OF THE TOWN OF SUNNYVALE CODE OF ORDINANCES AND REPLACING IT WITH A NEW ARTICLE ANIMAL RELATED FEES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Director of Development Services Rashad Jackson introduced the Ordinance stating that Town staff has drafted a revised animal control ordinance in order to be up to date with current animal control practices. The proposed amendment to Appendix A, Fee Schedule is associated with the animal control ordinance amendment. If approved, the proposed fee changes would be effective October 1 st. In response to a question from Councilmember Hill, Director of Development Services Rashad Jackson stated that this ordinance will be part of Appendix A of the Code of Ordinances, where the fee schedules for all Town Services can be found. Councilmember Wade voiced concerns over the distinction between wild and dangerous animals. PUBLIC SAFETY 8. DISCUSS AND CONSIDER SECOND READING OF ORDINANCE 15-10: AN ORDINANCE OF THE TOWN OF SUNNYVALE, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE STOPPING, STANDING AND PARKING PROVIDING REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE. Town Secretary Leslie Malone introduced the Ordinance. The Town continues to struggle with commercial truck parking in Town. The Current problem areas include Sunnyvale Centre. In an effort to curb such parking, Sgt. Jacks is proposing the adoption of the attached ordinance. The current ordinance specifically prohibits parking of commercial vehicles on certain streets throughout Town, but leaves no room for enforcement on private, or unlisted streets. The proposed ordinance would allow officers the ability to enforce these restrictions on private roadways and parking lots. Town Secretary Leslie Malone stated that the proposed ordinance also prohibits the parking of commercial vehicles in public roadways, alleys, etc. unless the vehicle is loading or unloading items required for their business.

10 Town Secretary Leslie Malone stated at the June 22, 2015, Town Council Meeting, the Council asked that Staff clean up the ordinances and address the specific parking restrictions provided. Staff has reformatted the ordinance to reduce redundancy, but is still seeking a solution for parking in residential neighborhoods with narrow streets. The following areas are specifically listed in the current ordinance and were added in 2011: (1) Along the southern portion of Chaparral Drive between the block address 200 through 215. (2) Along the northern portion of Chaparral Drive between the address of 300 through 324. (3) Along the northern portion of Raintree Drive between the address of 200 through 216. (4) Along the southern portion of Sweetgum Lane between the address of 307 through 323. Town Secretary Leslie Malone stated that these four areas of restricted parking were specified in order to allow sufficient room for emergency vehicles in the area. Town Secretary Leslie Malone stated that to prohibit on-street parking in residential neighborhoods based on street width would effectively eliminate on-street parking for entire neighborhoods. This requirement would be nearly impossible to ensure compliance. Those neighborhoods with narrow streets often have reduced setbacks and driveway lengths that would allow for additional vehicles. Residents in these neighborhoods would be left with no option for parking for guests or additional vehicles. Town Secretary Leslie Malone stated although we were specifically addressing truck parking on streets, the question was raised should 18 wheelers/commercial vehicles be allowed to park at in residential areas (public or private property). The City of Mesquite completely prohibits commercial parking in residential zoning districts. Staff is open to direction on how prohibitive the Council would like to be concerning the parking of commercial vehicles in residential areas. After discussion about additional concerns including boat parking, food trucks, panel vans, and others, Mayor Pro-Tem George made a motion, seconded by Councilmember Egan, to table consideration of the item until the August 10, 2015, Town Council meeting. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 6/0. Councilmember Ranta was absent. FINANCE 9. DELIVERY OF FISCAL YEAR PROPOSED BUDGET. Finance Director Liz Hopkins delivered the proposed budget to the Town Council. Mayor Phaup stated that this item is not intended to be a detailed discussion but to begin the budget review.

11 TOWN MANAGER 10. DISCUSS AND CONSIDER ROADWAY MAINTENANCE AND RECONSTRUCTION FOR REMAINDER OF THE FISCAL YEAR. Town Manager Sean Fox introduced the item stating that in January, Staff presented an inventory and estimated replacement cost for the 27.7 miles of asphalt roads. It was created using the Asphalt Institute s Asphalt Pavement Rating System, and based upon several assumptions. It was noted those assumptions would need to be scrutinized and reevaluated on an annual or biannual basis. Town Manager Sean Fox stated that the inventory gave an accurate snapshot of the asphalt roads at the time, but the results were unable to be directly translated or accommodated, as the average depth of a road in Sunnyvale was estimated at 8 inches (original roadway & 4-6 overlays) and the rating system assumes routine/regular maintenance was performed previously. Town Manager Sean Fox stated that Staff recommended the Town plan/complete a reconstruction of each road, returning it to an acceptable base level. Afterwards, any future distress would occur in the top layer only, leaving the base intact, and would only require rehabilitation (removal of the surface and resurfacing with an asphalt overlay). Staff reported that with a reestablished base, the Town could expect an average of average lifespan of 15 years for each road going forward. Town Manager Sean Fox stated that to supplement the work completed on the asphalt roads plan, Staff recently completed an inventory of concrete streets in Sunnyvale; a total of 32.8 miles. Concrete surfaces are different than asphalt and as such, there is not a similar rating system as used for the asphalt roads, nor do concrete surfaces easily lend themselves to a fixed or average lifespan. The design life is typically based on the amount of projected traffic and more specifically the # of equivalent single axle loads (easels) projected to traverse the pavement. Most concrete streets last 30 to 50 years assuming they were properly constructed and are properly maintained. Pavement condition and lifespan are also impacted by utility cuts or other cuts that tend to undermine the integrity of the overall paving unit. The inventory is simply a snapshot of widths, lengths, noted discrepancies, and an estimated cost to repair & or replace the worst streets noted. It was noted all concrete streets are in dire need of crack sealing, about 20 need to have some sections cut out and replaced, and 3 streets should be considered for full replacement in the near future. Town Manager Sean Fox stated that as reported in January, the current estimated cost of repairing/replacing all asphalt roads is approximately $6,800,000, but that is optimistic, as it was calculated utilizing Dallas County Road and Bridge for replacement of all Type B roads. Historically, Dallas County has completed approximately miles of road per community per year. Adding the estimated cost of repairing and/or replacing concrete streets currently identified as warranted ($3.15M), the total cost is just under $10,000,000. Due to the sheer size and scope of the task at hand, factoring in the vast number or variables, both known and unknown, Staff is unable at this time to formulate a comprehensive plan that definitively manages the task with absolute certainty.

12 Town Manager Sean Fox stated that Staff recommends a more concerted effort than previously; one that addresses the issues within the confines of the Town s limited resources, with the goal of making more appropriate long term repairs &/or replacements, and reducing the size and scope of the problem to a more manageable level in the future. Asphalt Road Crack sealing (one time) - $136,000 Crack sealing (annual) - $30,000 Repairs (annual) - $102,000 Replace - $6,800,000 Concrete Streets Crack sealing (one time) $118,000 Crack sealing (annual) $20,000 Repairs (annual) $77,000 Repairs/Rebuild (one time) $3,150,000 Town Manager Sean Fox stated that the General Fund has $480,000 budgeted for street and road repairs. The Street Maintenance and Repair Tax is anticipated to generate and additional $280,000 annually ($140,000 for ). Staff recommends maintaining the same funding level for ($760,000), with a 50,000 increase in subsequent years, until total annual amount budgeted is approximately $1.0M. For the remainder of FY15 and FY16, Staff recommends completing: 1. One time crack sealing - $254, Annual maintenance - $229,000 crack repair/seal, patches, pot holes, and concrete roadway/alley repairs 3. Full replacement - $385,000 Tripp Road, from the Falls to Paschall Road East Fork, from Tripp to SH-8010 Street & Road Plan July 27, 2015 Councilmember Hill stated her concern is implementation of this plan with increased school traffic. Town Manager Sean Fox stated that the trade-off for using Dallas County is scheduling in order to maximize savings. In response to a question from Mayor Pro-Tem George, Town Manager Sean Fox stated that the plan for reconstruction is to take core samples, pulverize 4 inches of asphalt and mix the base with concrete slurry to reestablish the base. This will reduce the height of the roadway and reduce ditch depth. Staff is aware that driveway connections to the roadway may need to be addressed if the height of the roadway is reduced. In response to a question from Mayor Pro-Tem George, Town Manager Sean Fox stated that approving the plan will allow the Town to make good on the promise to voters to begin repairing roadways, and the roads should last much longer. Staff is asking the Council to

13 approve the purchase of a crack sealing machine and concrete repairs to Belt Line and Clay roads using a concrete contractor and Town staff. At this time, this is the roadway plan. Mayor Phaup stated that there is a need to understand the cost for maintenance and staffing for crack sealing, and that he understands Mayor Pro-Tem George s concern about fulfilling the promises of road repair to the citizens. The Council may need to be more aggressive in funding road repair and maintenance and establish a clearer set of priorities for the next five years. 11. DISCUSS AND CONSIDER AGREEMENT WITH FREESE AND NICHOLS INC. TO CONDUCT AN ASSESSMENT OF TRAFFIC CONTROL MEASURES FOR CREEKSIDE DRIVE & BELT LINE ROAD. Town Manager Sean Fox introduced the item. Originally proposed in the budget, the traffic signal at the intersection of Creekside Drive and Belt Line Road was funded at $75,000 annually for two years, and at $100,000 for the current year, bringing the total to $250,000 for this project. The original cost estimate has increased from $150,000, assuming that was for the signal light only, to the most recent estimate of $250,000 for an engineering study, traffic signal design, an isolated semi-actuated traffic signal, and construction management. Town Manager Sean Fox stated that in December 2013, a signal warrant study was conducted by Freese & Nichols. The report indicated that the intersection did not meet any of the nine (9) warrants for placement of the signal and offered additional options for the intersection. Council directed the completion of engineering study to determine the potential impacts of the new traffic signal. The study would collect peak period directional traffic counts at the upstream (N. Town East Boulevard) and downstream (Tripp Road) traffic signals, and would be used to conduct a synchro traffic simulation and analysis of the system operations (delays per approach and Level of Service) of traffic along N. Belt Line Road, with a potential signal in place at Creekside Drive. Council also directed Staff to discuss potential options with the two neighborhoods most affected by this intersection. To date, neither the study nor discussions with the two neighborhoods have been conducted. Town Manager Sean Fox stated that the current project fund balance is $250,000, which corresponds with current cost estimates. Town Manager Sean Fox stated that roadway impact fees are not able to help cover the costs associated with the construction of the traffic signal at this location, given that the signal was not found to be warranted. Additionally, the Town would need to secure a maintenance contract with an organization other than the City of Mesquite due to the signal not being warranted. At this time, those costs have not been determined. Town Manager Sean Fox stated that Town staff acknowledges the frustration due to the prolonged discussion, debate and lack of progress. Per previous Council direction, Staff recommends approval of FNI proposal to conduct an assessment of traffic control measures for Creekside & Belt Line followed by a meeting(s) to discuss the results with residents of both Creekside and Glenwick.

14 Councilmember Wade stated that he was not sure about the ten year time frame Mr. Giordano spoke of during the public forum portion of the meeting. The Council knows the studies, and it is not warranted, but the residents want the signal. This project has taken way too long and it is fortunate that there has not been a major accident at the intersection. Another study will not indicate that the signal is warranted. It needs to be determined who will maintain the signal. There is a signal at Tripp and Collins that is no more warranted than one at Creekside. It is high time this signal was installed. Another study is not necessary and will only serve to aggravate the citizens. Mayor Pro-Tem George agreed and stated that this project has been discussed and delayed for too long. Mayor Phaup agreed with the previous comments and stated the project began eight years ago when it was discussed with homeowners. Mayor Pro-Tem George stated that he would like to see the project completed by the end of the first quarter of calendar year 2016, and even then it is three years too late. Councilmember Egan asked if the Town is open to liability for installing a traffic signal that is not warranted. MAYOR & COUNCIL 12. MAYOR AND COUNCIL REQUESTS FOR FUTURE STAFF UPDATES AND AGENDA ITEMS. Mayor Phaup asked for a joint meeting with the 4B Development Corporation. Councilmember Hill asked for a representative from the Sunnyvale Raider Youth Sports Association to attend. EXECUTIVE SESSION Recess into executive session pursuant to Chapter 551, Subchapter D of the Texas Government Code: EXECUTIVE SESSION AGENDA: A. SECTION PERSONNEL MATTERS To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: TOWN MANAGER Councilmember Egan made a motion, seconded by Councilmember Hill, to recess into executive session at 9:48 p.m. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 6/0. Councilmember Ranta was absent.

15 END OF EXECUTIVE SESSION Reconvene into open session and take any action necessary as a result of the Executive Session. 13. CONSIDER ANY OFFICIAL ACTION ON THE EXECUTIVE SESSION CLOSED MEETING ITEMS: A. SECTION PERSONNEL MATTERS To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: TOWN MANAGER Councilmember Hill made a motion, seconded by Councilmember McNeill, to approve a second supplement to the Town Manager s employment agreement. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 6/0. Councilmember Ranta was absent. ADJOURN Mayor Phaup adjourned the meeting at 9:57 p.m. The undersigned presiding officer certifies that this is a true and correct record of the proceedings. Mayor Jim Phaup ATTEST: Leslie Malone, Town Secretary