COUNCILMEMBER RONNIE HENDERSON, CALL MEETING TO ORDER Mayor Phaup called the meeting to order at 7:02 p.m. present.

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1 TOWN OF SUNNYVALE SUNNYVALE TOWN COUNCIL REGULAR MEETING MONDAY, DECEMBER 10, 2012 TOWN HALL N. COLLINS RD. 7:00 P.M. JR MAYOR JIM PHAUP MAYOR PRO-TEM KAREN HILL COUNCILMEMBER PAULA YATES COUNCILMEMBER SAJI GEORGE COUNCILMEMBER RONNIE HENDERSON, COUNCILMEMBER JIM WADE INVOCATION Mayor Pro-Tem Hill led the Invocation. PLEDGE OF ALLEGIANCE Mayor Phaup led the Pledge of Allegiance. CALL MEETING TO ORDER Mayor Phaup called the meeting to order at 7:02 p.m. present. All Councilmembers were PRESENTATION SUNNYVALE CHAMBER OF COMMERCE PRESENTATION TO SUNNYVALE PUBLIC LIBRARY. Chamber of Commerce Director Terry Reid presented the Sunnyvale Public Library with a donation. RECOGNITION OF SERVICE FOR JEAN HOLT, RICKEY HOFFMAN, AND MARK BLAND. Mayor Phaup recognized the service of outgoing Board and Commission members Jean Holt and Rickey Hoffman as well as retiring staff member Mark Bland. PUBLIC FORUM Citizens may speak on any matter other than personnel matters or matters under litigation. No Town Council actions or discussion will be taken until such matter is placed on the agenda and posted in accordance with law.

2 Debbie Sheridan, 458 Barnes Bridge Road, asked to see the grading plans for the new water tower. The plans she has seen do not indicate grading between the new tower and her property. Director of Community Development Steve Gilbert stated that the plans she has seen only show the current contours of the property and do not show any future grading for the property. Councilmember Wade stated he had received information from the American Ireland Fund indicating they would like Sunnyvale to consider matching us with a twin city of Emyvale. The program is similar to Sister Cities. CONSENT AGENDA ITEMS #1 THROUGH #2 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 MEETING OF 11/26/ MINUTES OF REGULAR MEETING OF 11/26/2012. Councilmember Yates asked to remove item number 2 from the Consent Agenda. Councilmember Yates stated the last sentence of the seventh paragraph on page 7 should be changed to read, Councilmember Yates does not want to pick a route that is not viable. Councilmember Henderson stated there were two corrections on Item 1. It should be added that Mr. Lopez agreed and added that public funds have greater protection under the law. Mr. Lopez stated that the refund was not in accordance with the law. He did not state that is was not permitted. Mayor Phaup stated he did not remember that statement and would like to hear the tape before the Council votes on those changes. Item 1: Councilmember George made a motion to table the Minutes of Special Meeting of 11/26/2012. Mayor Pro-Tem Hill seconded the motion. Mayor Phaup called for a vote, and with Mayor Pro-Tem Hill, Councilmember Wade, Councilmember George, and Councilmember Yates voting affirmative, and Councilmember Henderson voting opposed, the motion passed 4/1. Item 2: Mayor Pro-Tem Hill made a motion to approve the corrected minutes with the inclusion of Councilmember Yates change. Councilmember George seconded the motion. Councilmember Yates asked about the corrections made prior to the meeting. Town Secretary Leslie Malone stated the tape was reviewed and changes were made.

3 Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 5/0. END CONSENT AGENDA DISCUSSION/ACTION ITEMS 3. STAFF PRESENTATION END OF YEAR FINANCIAL REPORT AND RECOMMENDATIONS Town Manager Scott Campbell informed the Council that General Fund Revenues exceeded budgeted expectations. There was a $545 thousand dollar difference attributed to increased sales tax collections and increased collection of permitting fees. The Fire Department has received several grants. There was also some savings in expenses. Town Manager Scott Campbell reviewed some requests that were not approved for the current Fiscal Year. The Council could discuss funding those items, or adding back to the fund balance. In response to a question from Councilmember Henderson, Finance Director Liz Hopkins stated that expenses incurred in a Fiscal Year, must be accounted for in that Fiscal Year. Councilmember Henderson stated when he was on the 4A Economic Development Corporation Board, sales tax was conservatively estimated in hopes that sales tax would go up. In response to a question from Councilmember Henderson, there was some discussion on how much the Fund Balance was reduced in the current year budget. In response to a question from Councilmember George, Town Manager Scott Campbell stated that a software request for the Municipal Court was funded out of the Court Technology Fund. Councilmember George asked if any other items were cut as a result of funding the new software. Town Manager Scott Campbell stated there were no plans for those funds. Finance Director Hopkins stated that the fund has limited allowable expenses and at the time the initial request was made, staff was unaware it was an allowed item. In response to a question from Councilmember Yates, Mayor Phaup stated the Library s request for a laptop was not funded. Mayor Phaup stated he would like to consider whatever road projects were not funded. Councilmember Henderson stated he would like to add additional funds for the traffic signal. Mayor Pro-Tem Hill stated the SCBA s were reduced and would like to see those funded.

4 Councilmember Henderson stated if we could replenish the Fund Balance and put any additional revenues toward unfunded requests. Councilmember George stated he would like to see the Town website funded. Councilmember Henderson stated with the changes Severyn Brandau has made to the 4A Economic Development website, his thoughts have changed on funding that request. In response to a question from Councilmember Henderson, Finance Director Liz Hopkins stated the 4 th Quarter Sales Tax receipts would not come in until later. It is unknown if those receipts will continue the upward trend. 4. STAFF UPDATE REGARDING PENDING ZONING ORDINANCE AMENDMENTS Director of Community Development Steve Gilbert provided an overview of items that need to be updated within the Zoning Ordinance. Staff is working with Sherry Sefko to address corner lots. Councilmember George asked that staff evaluate processes with developers. Town Manager Scott Campbell stated that through the course of the Planned Development for Sunnyvale Centre, we have discussed issues those developers may have had, and staff has spoken to other developers. Councilmember Henderson encouraged staff to reach out to Ken Demko as he has developed many properties. Within the section regarding tree preservation, the protected trees should be updated to exclude Mesquite trees, but also look at water uses for trees. Native trees soak up less water. Are these items slated to go before Planning and Zoning Commission, corner lots and fencing specifically? Town Manager Scott Campbell stated these changes will go before the Planning and Zoning Commission for a recommendation. This is challenging. Double frontage, or corner lot, set back requirements are in place for a reason and are a common requirement in most cities. In response to a question from Mayor Phaup, Director of Community Development Steve Gilbert stated there have been three requests for variances on corner lots since All three were granted. There are three existing lots with the same requirements and currently do not have homes. Councilmember Henderson stated that two lots are near his home, and he does not see how a home could be constructed within the setback requirements. Director of Community Development Steve Gilbert stated that in moving forward, staff tries to address those issues with the developer. The existing lots were platted using the setback requirements.

5 Town Manager Scott Campbell stated that the variance request for a vacant lot on Tripp Road would not be impacted if any changes to setback requirements are adopted. The property would have to be replatted or have a variance. In response to a question from Councilmember Henderson, Director of Community Development Steve Gilbert stated that the Council can allow for situation specifics to be reviewed individually, but those situations must be noted in the Zoning Ordinance. Councilmember Henderson stated that he has two vacant corner lots near his home, and he would rather see a home closer to the sidewalk than have to mow vacant lots. If the Planning and Zoning Commission can solve some of these issues now, we should move those forward immediately and not put them on the shelf until all items are worked out. 5. DISCUSS ANNUAL ROTARY CLUB BIKE RIDE Councilmember Wade discussed the history of the event. When Lawson Road was in poor condition, the event was moved. With the improvement of Lawson Road, the Rotary Club would like to move the event back to Sunnyvale. Town Manager Scott Campbell stated the Town and Rotary Club need to begin planning for the event and have asked for the Town s approval. In response to a question from Councilmember Yates, Campbell stated that Berean Baptist Church usually schedules their fireworks for the Sunday before Memorial Day. The bike ride takes place on Saturday morning and officially closes at 1 p.m. Councilmember Yates stated the event is a great volunteer effort. In response to a question from Councilmember Yates, Councilmember Wade stated the Club does carry liability insurance and lists the Town. In response to a question from Councilmember George, Town Manager Scott Campbell stated the Town is required to patch potholes, and provide fire and police services. 6. DISCUSS ANNUAL SUNNYFEST EVENT AND COMMITTEE REPORT Town Manager Scott Campbell spoke with Mayor Pro-Tem Hill and Councilmember Yates regarding the event. They both expressed a desire to do something different and make the event more intimate. Councilmember Yates had indicated in discussions with Campbell that she is interested in not holding an event this year, and bolstering the Christmas holiday event next year. Mayor Pro-Tem Hill indicated she preferred holding the event at a different time of the year, and suggested holding a joint event with Berean Baptist Church, and holding the event on the school property. Mayor Phaup stated most of the feedback he had received indicated a desire to move the event back into Sunnyvale and have a more intimate event that was publicized in Town. Back in 1994, the event was put on with volunteer partners. Town staff has a full

6 load, and it is not fair to expect the staff to pull this event together on their own. Maybe the Town should partner with the Chamber of Commerce. Berean would like to partner, and that is worth discussion, however, t might not put the Town in a great position with other congregations. Mayor Phaup stated he is open to putting the event off a year if necessary. Councilmember Henderson stated he was against skipping the event this year. It is one of the biggest events attended by Sunnyvale residents and it is important. He sees moving the event back to Sunnyvale and publicizing in Town. Councilmember Henderson indicated he would hate to see a year without the event. He hopes we continue to do it every year as his kids look forward to it. He attended the event last year with a group of forty to fifty people. Mayor Pro-Tem Hill stated she would hate to cancel the event for a year. This would not be a Berean Town of Sunnyvale event. It would be Sunnyfest with Fireworks sponsored by Berean Baptist Church. The Town would allow partners. This would not be carte blanche. Staff will oversee the event with partners that fundraise and volunteer. Councilmember George stated he liked the idea of partnering with the Chamber of Commerce and would prefer to hold the event this year. Councilmember Henderson stated he was sensitive to attaching the event to one church, but if we could get some churches together along with the Chamber, it would be a winwin situation, but we should be sensitive to Berean as it is currently their event. Mayor Phaup suggested that staff reach out to Berean Baptist Church and the Chamber of Commerce. 7. DISCUSS SMOKING SURVEY RESULTS AND RECEIVE COUNCIL INPUT AND DIRECTION Town Manager Scott Campbell stated that the results were overwhelmingly in favor of placing a ban on smoking in public places. Sample ordinances have been provided to the Council. Mayor Phaup asked that the results be placed on the Town website. Councilmember Henderson stated the results posted should not include submissions that were removed due to having more than two submissions from the same IP address. In response to a question from Mayor Pro-Tem Hill, Town Manager Scott Campbell stated that he was not aware of any municipality presenting the item to a Town-wide vote through an election. Mayor Pro-Tem Hill stated that with turnout being so low, and passionate comments, it is hard to settle one way or the other. If the response was overwhelming and participation was higher, it would be easier to decide.

7 Councilmember Yates stated the Town placed the survey information everywhere they could. The response was overwhelming in favor of banning smoking. Councilmember Wade stated ten percent of registered voters are a pretty good turnout for a survey. Councilmember Henderson stated he agreed with Mayor Pro-Tem Hill, in that he was disappointed in the turnout. The comments received on the survey did not correlate with the responses. One of the biggest trends in the comments was to let free market capitalism work. He is against regulating smoking. Councilmember George stated the Council discussed this and put it out to a survey. 80% of citizens said they were in favor of increased regulations. Councilmember Wade stated this issue came up six years ago and has been batted around ever since. We agreed to do a citizen survey, extended the survey, and it s time we put this to bed before Sunnyvale Centre comes in. Councilmember Wade made a motion to direct staff to draft an ordinance for consideration in January. Councilmember George seconded the motion. Councilmember Henderson stated that even people that supported the ban mentioned outdoor patios and smoking in your own vehicle. Councilmember Yates asked if a private company, where there is no public access, could allow smoking. Mayor Phaup stated that would have to be addressed in the ordinance. A private company would be public as they have employees. Councilmember Henderson stated that if they there is a smoking ban, if a CPA works out of his home, where clients enter, he would not be allowed to smoke in his home. Town Manager Scott Campbell stated the City of Brownsville Ordinance specifically bans smoking in places of employment. Mayor Phaup called for a vote, and with Mayor Pro-Tem Hill, Councilmember Yates, Councilmember George, and Councilmember Wade voting affirmative, and Councilmember Henderson voting opposed, the motion passed 4/1. 8. DISCUSS SH 190 CITIZENS ADVISORY COMMITTEE RECOMMENDATIONS TO COUNCIL Mayor Pro-Tem Hill recused herself from the discussion. Mayor Phaup stated feedback had been received from TxDoT regarding questions at the last meeting. Mayor Phaup read the received from TxDoT as attached to these minutes. Mayor Phaup read proposed Resolution The Resolution was drafted by mayor for discussion and potential action. Originally, there was a Section 4 of the Resolution that stated, The Town of Sunnyvale is willing to engage in a slight move of the route to the west. The section was removed as slight is not quantifiable. Councilmember George stated he liked the strong approach taken, and asked that with Sunnyvale being less populated, will TxDoT s criteria for noise mitigation be met.

8 Mayor Phaup responded by saying that his approach is that that Sunnyvale is an unwilling partner. Regardless of what the TxDoT template is, they will have to deal with the Town and pay for this roadway. Sunnyvale is 16 square miles. 190 is not an economic opportunity for Sunnyvale. Councilmember Henderson stated he agreed with Mayor Phaup. There is no chance in getting what you do not ask for. The Town needs to take a strong stance. Section 2 should be changed to include noise and light abatement. Councilmember Yates stated this is the hardest thing. We are looking at displacing friends. We take this seriously and it is causing a terrible heartache. If she could make this disappear, she would. Barbra Thomas, 477 E. Fork Road, cited several articles in the Dallas Morning News highlighting lake views and lake front view. The Council should not destroy the possibility of developing the lake. Walt Thomas, 477 E. Fork Road, stated he would like the removed Section added back in and qualify slight. The Committee had some support for moving the route off of the lakeshore, but they felt they had to pick Routes 1, 2, or 3. Javier Torres, 64 Duckcreek Way, agreed with Councilmember George about noise mitigation. It did not sound like the Town was asking for noise mitigation above and beyond TxDoT standards. Debbie Sheridan, 458 Barnes Bridge Rd., stated that using the word slight is not proper, but you could put a parameter between routes. It is a big mistake to put the highway on the lake. Either route takes out her home. The loss of economic development potential is a mistake. Steve Duckworth, 477 Polly Rd., asked Mayor Phaup to explain TxDoT s response regarding the power lines. Mayor Phaup stated that TxDoT was concerned about potential impacts to the transmission lines due to the alignment at Town East Blvd. Gerald Harmon, 506 E. Fork Rd., stated he knows this is a hard decision and appreciates the time and effort. This is a long process. The route proposed at the last meeting goes right down Polly Road. The Committee was appointed by the Council. A process was followed, a route was picked, and he does not agree with the route. A hybrid route skews data. If you use the route picked by the scoring system and change that route, you are starting over. Nobody wants the route in Sunnyvale. Saying slight will skew the data used by the Committee. Judy Parker, 309 E. Fork Rd., stated she was concerned about noise abatement. Look at Rowlett. In sparsely populated areas, there is not noise abatement. TxDoT does not seem to care. What about those that are impacted and have no noise walls? Will the Town do anything for us if TxDoT won t build walls? Homes along 190 are in dangerous

9 areas. Will there be an exit/entrance ramp at East Fork Road? Mayor Phaup said it had been mentioned, but it needs to be discussed. Town Manager Scott Campbell stated that the committee recommended no exit. Councilmember Wade stated the Route 2 map proposes an exit at East Fork and Gloria. One reason it is there is for City of Dallas access to the dam. Councilmember George stated that the last sentence of Section 2 should be changed to read The Town will also require TxDoT mitigation for any above grade intervals of the highway above TxDot standards. Councilmember Henderson stated he liked the idea of adding text to indicate noise mitigation beyond current TxDoT standards. Councilmember Wade stated that as much as we would like to depress, Mr. Copeland stated at the November 26, 2012, Town Council meeting, that one concern on depressing the route in Sunnyvale is there could be water behind the walls along the roadway as the route runs close to Lake Ray Hubbard. Depression adds risk and the risk is greater near the lake. Routes one and three could not be depressed. Route 2 probably cannot be depressed. Debbie Geiss, 112 Sunview, stated that TxDoT stated if we put the route along the lake, we will have a bridge all the way along the lake. Bobbie Collins, 480 Polly, stated that that the grade of E. Fork east of Duckworth Square is on a hill. The route would be constructed on a bridge, because it could not be on land, but the bridge would be below the level at East Fork. Cheryl Giacomazzi, 217 Brazos Lane, stated TxDoT could also go to Mesquite first and leave us out. Councilmember Henderson stated he liked the idea of tidying up Section 2. Cannot put slight in there. Moving the route changes the criteria, and does not see how you do that without starting over. Mayor Phaup stated the last sentence of Section 2 changes to read, In addition to our commitment to the depressed roadway design the Town also requires noise and light mitigation above current TxDoT standards for any above ground intervals of the highway through Sunnyvale which may include noise abating walls or other design elements. Councilmember Henderson stated we should include light mitigation.

10 Allyn Giacomazzi, 217 Brazos Lane, stated the Resolution should state that mitigation is to be done at TxDoT s expense. Mayor Phaup stated that language is included in Section CONSIDER RESOLUTION NO : RESOLUTION OF SUPPORT OF ROUTE FOR SH 190. Councilmember Henderson made a motion to approve Resolution 12-21: A Resolution Of The Town Council Of The Town Of Sunnyvale Texas Expressing Support For And Urging The Texas Department Of Transportation To Approve Route 2 For The Development And Construction Of The East Branch Segment Of Sh190 And Requesting Additional Design Elements And Engineering Consideration For The Highway s Segments That Will Be Situated Within The Town Limits And Extra-Territorial Jurisdiction Of The Town. Councilmember George seconded the motion. Mayor Phaup called for a vote, and with Councilmember Henderson and Councilmember George voting affirmative, and Councilmember Wade and Councilmember Yates opposed, the vote tied two to two. As a result, Mayor Phaup voted in favor of the Resolution, resulting in passing the motion by a vote of 3/2. Mayor Pro-Tem Hill recused herself. 10. MAYOR AND COUNCIL REQUESTS FOR FUTURE STAFF UPDATES AND AGENDA ITEMS. No items or updates were requested. EXECUTIVE SESSION Recess into executive session pursuant to Chapter 551, Subchapter D of the Texas Government Code: SECTIONS ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THIS CHAPTER. Councilmember George made a motion, seconded by Councilmember Yates, to recess into Executive Session at 9:35 p.m. Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 5/0. END OF EXECUTIVE SESSION Reconvene into open session and take any action necessary as a result of the Executive Session. Consider any official action on the executive session closed meeting items. CONSIDER ANY OFFICIAL ACTION ON THE EXECUTIVE SESSION CLOSED MEETING ITEMS: SECTIONS ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO

11 THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THIS CHAPTER. The Town Council reconvened at 10:14 and took no action. ADJOURN Mayor Phaup adjourned the meeting at 10:15 p.m. The undersigned presiding officer certifies that this is a true and correct record of the proceedings. ATTEST: Leslie Malone, Town Secretary Mayor Jim Phaup