MINUTES

TOWN OF SUNNYVALE TOWN COUNCIL

AND

SUNNYVALE 4A DEVELOPMENT CORPORATION

MEETING

NOVEMBER 27, 2006

7:00 P.M.

THE TOWN COUNCIL OF THE TOWN OF SUNNYVALE, TEXAS MET INFORMALLY AT 6:00 P.M. WITH THE TOWN STAFF THEN CONVENED INTO REGULAR SESSION AT 7:00 P.M. ON NOVEMBER 27, 2006 IN THE TOWN COUNCIL CHAMBERS OF THE SUNNYVALE TOWN HALL, 127 COLLINS ROAD, SUNNYVALE, TEXAS, UNDER V.T.C.A., GOVERNMENT CODE SECTION 551.041. THOSE PRESENT WERE:

ABSENT MAYOR JIM PHAUP

MAYOR PRO-TEM DAVID BYRD

COUNCILMEMBER PETER MUHL

COUNCILMEMBER KATHY KANE

COUNCILMEMBER MIKE SAGE

CHAIRPERSON BILL WHITHURST

MEMBER JIM WADE

MEMBER LAWRENCE BOYD

MEMBER PAT WILEY

MEMBER DANNY ALLEN

1. CALL MEETING TO ORDER

Mayor Pro-Tem Byrd called the meeting to order at 7 p.m.

2. INVOCATION

Chairperson Whitehurst led the invocation.

3. PLEDGE OF ALLEGIANCE

Mayor Pro-Tem Byrd led the pledge of allegiance.

4. CONSENT ITEMS:

(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)

Minutes

Town Council

Sunnyvale 4A Development Corp.

November 27, 2006

Page 2

A. APPROVAL OF MINUTES-REGULAR MEETING NOV. 13, 2006

B. RESOLUTION 06-26 APPOINTING TOWN SECRETARY

C. RESOLUTION 06-28 APPOINTING THE PLANNING AND

ZONING COMMISSION AS ADVISORY COMMITTEE FOR THE

IMPACT FEE PROGRAM

E. RESOLUTION 06-29 APPROVING EMPLOYMENT AGREEMENT

WITH SCOTT CAMPBELL AS TOWN ADMINISTRATOR

Mayor Pro-Tem Byrd read 2 changes into the record for the Nov. 13, 2006 minutes. Motion was made by Councilmember Sage to approve the consent items with the noted change. The motion seconded by Councilmember Kane. The motion carried unanimously.

5. 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)

Kathy Brewer, 157 Rebecca Rd., stated she was opposed to any taxpayer money being spent on land acquisition at the corner of E. Tripp Rd. and East Fork Road.

6. PUBLIC HEARINGS

OPEN PUBLIC HEARING, CONSIDER TESTIMONY AND OTHER

INFORMATION PROVIDED, CLOSE PUBLIC HEARING AND TAKE

NECESSARY ACTION WITH RESPECT TO THE FOLLOWING

APPLICATIONS, ORDINANCES, RESOLUTIONS AND OTHER MATTERS:

A. ORDINANCE NO. 453 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SUNNYVALE, TEXAS, CHANGING THE NAME OF A PORTION OF THAT CERTAIN STREET IN THE TOWN OF SUNNYVALE NAMED HIGHWAY 352 TO COLLINS ROAD AND CONFIRMING THE STREET NAME OF CLAY ROAD FROM THE EAST SIDE OF THE HIGHWAY 352/COLLINS ROAD TO ITS TERMINUS AT THE SOUTHERN BORDER OF THE TOWN LIMITS AND CONFIRMING THE STREET NAME OF T.C. LUPTON BOULEVARD FROM THE WEST SIDE OF HIGHWAY 352/COLLINS ROAD TO ITS TERMINUS AT THE SOUTHERNMOST SIDE OF THE EASTBOUND U.S. HIGHWAY 80 SERVICE ROAD, PROVIDING FOR CERTAIN EXCEPTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Mayor Pro-Tem Byrd read the above ordinance caption into the record and opened the public hearing.

Minutes

Town Council

Sunnyvale 4A Development Corporation

November 27, 2006

Page 3

Gary Spencer, Town Attorney, explained the request for the name change.

David Goodhart, 416 Mustang Dr., told the Town Council that he would like the name change for his new building projects along SH352. He stated that he liked Collins Road better than SH352.

Allyn Giacomazzi, 217 Brazos Lane, asked what the financial implications to the Town would be for future maintenance of the roadway.

Jim Wade, E. Tripp Rd., asked that this item be thoroughly noticed to allow the businesses along SH352 time to voice their opinions.

David Goodhart, 416 Mustang Dr., stated that the post office might allow 2 addresses so that the existing businesses wouldn't have to change their addresses.

Kathy Brewer, 157 Rebecca Rd., reminded the Council to consider emergency response with name changes.

Mayor Pro-Tem Byrd closed the public hearing.

Motion was made by Councilmember Sage to continue the public hearing allowing for more information on the issues listed by the Town Attorney until the next Town Council meeting December 11, 2006 at 7 p.m. The motion seconded by Councilmember Kane. The motion carried unanimously.

B. CONSIDERATION OF NO SMOKING ORDINANCE

Gary Spencer stated that this ordinance was still in a draft format.

Mayor Pro-Tem Byrd opened the public hearing.

Kathy Brewer, 157 Rebecca Rd., spoke in favor of a no smoking ordinance in restaurants.

Al Coburn, President of County Line Club, asked what kind of business this ordinance was directed toward. He stated that he doesn't smoke, but doesn't feel he has the right to tell a business owner what he can or can't do in his business.

Minutes

Town Council

Sunnyvale 4A Development Corporation

November 27, 2006

Discussion followed regarding business owner's rights. A decision was made for further study.

C. APPLICATION FOR SITE PLAN

APPLICANT: MARAZZI TILE

AT OR ABOUT: 359 CLAY ROAD

REQUEST: EXPANSION

Ronnie Cox, Director of Community Development, stated that Marazzi Tile had made application to the Town for an expansion of their business. He stated that the Planning and Zoning Commission had recommended approval of the site plan on November 20, 2006.

Terry Millican, Town Engineer, spoke in favor of the application. He explained his concerns.

Gary Spencer stated that the Town would specify the standards for the storm sewer lines (pipes) under the building.

Steve Weidewax, Marazzi Tile, stated that they had been working closely with the Town Staff on the project.

Mayor Pro-Tem Byrd opened the public hearing. There were no public comments. Mayor Pro-Tem Byrd closed the public hearing.

Motion was made by Councilmember Sage to approve the site plan for Marazzi Tile at 359 Clay Road for an expansion subject to the terms and conditions of Terry Millican's letter dated 11/15/06. The motion seconded by Councilmember Kane. The motion carried unanimously.

D. APPLICATION FOR PRELIMINARY PLAT

APPLICANT: MARAZZI TILE

AT OR ABOUT 359 CLAY ROAD

REQUEST: EXPANSION

Ronnie Cox advised the Town had received an application for preliminary plat for Marazzi Tile. He stated the Planning and Zoning Commission had recommended approval of the application.

Terry Millican spoke in favor of the application.

Minutes

Town Council

Sunnyvale 4A Development Corporation

November 27, 2006

Steve Weidewax, Marazzi Tile, stated he had no additional comments.

Mayor Pro-Tem Byrd opened the public hearing. There were no public comments. Mayor Pro-Tem closed the public hearing.

Motion was made by Councilmember Muhl to approve the application for preliminary plat for Marazzi Tile at 359 Clay Road for an expansion subject to the terms and conditions of Terry Millican's letter dated 11/15/06. The motion seconded by Councilmember Kane. The motion carried unanimously.

7. CALL TO ORDER SUNNYVALE 4A DEVELOPMENT CORPORATION

Chairperson Whitehurst called the Sunnyvale 4A Development Corporation meeting to order at 8:10 p.m.

8. JOINT WORKSESSION

A. STORM WATER/ELECTRIC FOR CORNER OF TOWN EAST

BLVD AND BELTLINE ROAD

Chairperson Whitehurst gave a history of a previously considered project at Town East Blvd. and Beltline Road. He explained the costs involved in underground utilities.

Terry Millican stated that he was a little bit uncomfortable with underground electrical. He agreed that there needed to be detention in the area, but thought the costs could be brought down 50%. He also suggested putting a portion of the detention in the parking lot.

Gary Spencer asked for policy decisions to be made by the Town Council.

Discussion followed regarding exact cost estimates. Pam Mundo, Economic Development Consultant, asked if the Town would request information from TXU. Terry Millican agreed and stated he would also like to pursue water retention options with the City of Mesquite.

Councilmember Kane asked for basic information from Pam Mundo to assess all the requests for impact fee waivers.

Minutes

Town Council

Sunnyvale 4A Development Corporation

November 27, 2006

9. EXECUTIVE SESSION TOWN COUNCIL AND SUNNYVALE 4A

DEVELOPMENT CORPORATION

A. ADJOURN INTO EXECUTIVE SESSION UNDER V.T.C.A.,

GOVERNMENT CODE SECTION 551.072, 551.071 AND 551.087

1. CONSIDER LAND ACQUISITION

2. LITIGATION

3. INCENTIVES FOR ECONOMIC DEVELOPMENT

AGREEMENTS

Motion was made by Councilmember Kane to adjourn into executive session. The motion seconded by Councilmember Sage. Motion carried 4/0.

Mayor Pro-Tem Byrd recessed the meeting at 8:40 p.m., reconvened at 8:55 p.m. and adjourned into executive session at 8:55 p.m.

B. RECONVENE INTO OPEN SESSION AND TAKE ANY ACTION

NECESSARY AS A RESULT OF EXECUTIVE SESSION

1. RESOLUTION 06-30 ASTON SEWER LINE

Mayor Pro-Tem Byrd reconvened the meeting at 10:26 p.m. and made a motion to instruct the town attorney to continue negotiation with the developer's Surety & Indemnity Company as surety for Stampede Construction with respect to the Aston Sewer Line for a settlement amount confidentially communicated. . Motion seconded by Councilmember Sage. Motion carried 4/0.

Motion was made by Councilmember Kane for the Town to withdraw its' pending application for funding for the Texas Enterprise Zone Program and reapply in the next funding cycle and that the Town also withdraw the pending application for a grant for the Texas Capital Fund subject to approval from American Marazzi Tile Inc. and reapply for a grant in the next funding cycle. Motion seconded by Councilmember Muhl. The motion carried 4/0.

Motion was made by 4A Member Allen to appropriate $1,000 to resubmit the applications to the Texas Capital Fund and the Texas Enterprise Zone in the amount of $500 each for the resubmissions. Motion seconded by 4A Member Boyd. Motion carried unanimously.

Minutes

Town Council

Sunnyvale 4A Development Corporation

November 27, 2006

10. ADJOURN SUNNYVALE 4A DEVELOPMENT CORPORATION

Chairperson Whitehurst adjourned the Sunnyvale 4A Development Corporation meeting at 10:30 p.m.

11. MAYOR'S REPORT

No report given.

12. COUNCIL REPORTS

No report given.

13. STAFF REPORTS

Mark Bland, Asst. Town Manager, announced that the Windmill lighting would be held on December 1, 2006 at 7 p.m. Mayor Pro-Tem Byrd announced that the Sunnyvale Garden Club Tour of Homes would be held on Saturday, December 9, 2006 from 4-8 p.m.

14. ADJOURN

Mayor Pro-Tem Byrd adjourned the meeting at 10:32 p.m.

____________________________________

David Byrd, Mayor Pro-Tem

_____________________________________

Bill Whitehurst, President Sunnyvale 4A

ATTEST:

_______________________________

Kathryn Dewey, Town Secretary

A TAPE RECORDING OF THIS MEETING IS ON FILE AT TOWN HALL. THESE

MINUTES ARE CONDENSED THEREFROM.