TOWN OF SUNNYVALE SUNNYVALE TOWN COUNCIL SPECIAL MEETING CONFERENCE ROOM 127 N. COLLINS ROAD MONDAY, APRIL 24, :00 P.M.

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1 TOWN OF SUNNYVALE SUNNYVALE TOWN COUNCIL SPECIAL MEETING CONFERENCE ROOM 127 N. COLLINS ROAD MONDAY, APRIL 24, :00 P.M. ABSENT MAYOR JIM PHAUP MAYOR PRO-TEM, & PLACE 2 SAJI GEORGE 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 6:06 p.m. Mayor Phaup was absent. 1. PRESENTATION AND DISCUSSION ON POTENTIAL FARMERS MARKET. Economic Development Director Cheri Dolan introduced Vincent Hirth, of Four Seasons Markets to discuss a potential Farmers Market in Sunnyvale. ADJOURN Mayor Pro-Tem George adjourned the meeting at 6:59 p.m. The undersigned presiding officer certifies that this is a true and correct record of the proceedings. ATTEST: Mayor Jim Phaup Leslie Black, Town Secretary

2 TOWN OF SUNNYVALE SUNNYVALE TOWN COUNCIL REGULAR MEETING MONDAY, APRIL 24, 2017 TOWN HALL N. COLLINS RD. 7:00 P.M. ABSENT MAYOR JIM PHAUP MAYOR PRO-TEM, & PLACE 2 SAJI GEORGE 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 McNeill led the Invocation. PLEDGE OF ALLEGIANCE Mayor Pro-Tem George led the Pledge of Allegiance. CALL MEETING TO ORDER Mayor Pro-Tem George called the meeting to order at 7:06 p.m. Mayor Phaup was absent. 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. None. 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 MINUTES OF SPECIAL TOWN COUNCIL MEETING APRIL 10, MINUTES OF REGULAR TOWN COUNCIL MEETING APRIL 10, DEPARTMENT MONTHLY REPORTS MARCH Councilmember Egan asked that Item 2 be removed from the Consent Agenda. Councilmember Egan made a motion, seconded by Councilmember McNeill to approve Consent Agenda Items 1 and 3. Mayor Pro-Tem George called for a vote, and with all members voting affirmative, the motion passed 6/0. Mayor Phaup was absent.

3 In discussing the Regular Town Council Meeting minutes of April 24, 2017, Councilmember Egan indicated that the discussion regarding the water tower logo of Home of the Raiders remained open-ended and may be confusing to anyone reviewing the minutes in the future. Staff was directed to review the audio from the meeting and amend the minutes for Council review on May 8, 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: AT OR ABOUT: REQUEST: JOSE CANTU S. COLLINS ROAD ACRES EAST OF THE INTERSECTION OF S. COLLINS RD AND CLAY RD FINAL PLAT US RENAL CARE SUNNYVALE Director of Development Services Rashad Jackson introduced the request. The applicant is the representative for property located at or about the intersection of South Collins Road and Clay Road (south of the Cosa Nostra restaurant). The parcel of land is approximately 3.7 acres. The property is surrounded by residential property to the east, general business zoning to the south and South Collins Road (SH 352) to the west. The USRC site received preliminary plat approval in March Now that construction is nearing completion, the applicant has returned for final plat approval. US Renal Care will provide dialysis medical services and outpatient care. The property is zoned appropriately for the proposed use. The applicant has established the necessary easements and setbacks required for the development of the subject lot. The proposed final plat conforms to the Town zoning and subdivision ordinance requirements. The applicant received site plan approval in March The building was constructed in accordance with P&Z and Town Council approvals. Town Council approved the site plan with the following stipulations. There were concerns with the exposed beams on the drive-up cover. A portion of the support beams were visible near the top of the canopy. Stone will completely cover the support beams. The linear cap color was changed to be more brown in color (light buff) Town Council didn t want to see any of the structural components of the parapet. The entire parapet was revised to conceal the support structure for the parapet. No articulation was shown on the side elevation facing Collins Road. The applicant revised the side elevation to include some articulation. Notice was published within the Town s Official Newspaper on Wednesday, March 29 th. Letters were also provided to surrounding properties meeting the distance requirements as provided within the Town Ordinance. Twenty-nine (29) letters were sent out. As of the writing of this staff memo, the follow letters were returned. In Favor 4 In Opposition 0 2

4 Town staff provided the following comments/recommendation for consideration: 1. Town staff recommends approval contingent to all Town staff comments in the letter dated being satisfactorily addressed prior to signature and recording of the final plat. 2. Construct a screening wall along the eastern portion of the subject property. The wall should be consistent (materials & height) with the existing wall to the east. 3. Finish all public improvements and construct required sidewalk along the Clay Road right of way. Applicant Jose Cantu stated that he was willing to work with neighbors regarding fencing, but expressed concerns over the timeline delays caused by potential changes and approval processes. Mayor Pro-Tem George opened the Public Hearing. Barbara Wood, 189 Mustang; Emanuel Abraham, 186 Mustang; and Gene Swank, 421 Mustang, spoke in favor of the request but expressed concerns over the fence required between the residential area and the Renal Care facility, the dumpsters proximity to the homes, and the lighting in the parking area. Director of Development Services Rashad Jackson stated that the dumpster enclosures had been constructed. After discussion regarding the required fence and lighting between the Council, Staff and the Applicant, Councilmember McNeill made a made a motion, seconded by Councilmember Egan to approve the Final Plat of US Renal Care subject to the satisfactory completion of the recommendations provided by Town Staff and granting Director of Development Services Rashad Jackson the authority to work with the developer and neighboring property owners to agree upon a screening wall comparable in height to the existing wall located to the north of Stone Canyon Drive, and to address natural screening and lighting; and if the conditions cannot be met prior to the issuance of a Certificate of Occupancy, Director of Development Services Rashad Jackson is directed to accept a Letter of Credit from the applicant for those items. Mayor Pro-Tem George called for a vote, and with all members voting affirmative, the motion passed 6/0. Mayor Phaup was absent. DISCUSSION/ACTION ITEMS: TOWN ENGINEER 5. DISCUSS AND CONSIDER THE AWARD OF A CONSTRUCTION CONTRACT TO A&M CONSTRUCTION AND UTILITIES, LLC FOR THE CONSTRUCTION OF THE TOWN EAST BOULEVARD AND HIDDEN LAKES DRIVE WATER LINE IMPROVEMENTS. 3

5 Town Engineer Justin Brown stated in August 2015, the Town Council awarded a professional services contract to Freese and Nichols, Inc. for the design of a new 1.25 million gallon water storage tank and water mains in the amount of $281,000. Once the water line design was complete Town staff advertised for the bids in March/April and received twelve sealed bids. The lowest qualified bidder is A&M Construction and Utilities, LLC with a bid of $886,878.00; see the attached bid tabulation and recommendation letter from Freese and Nichols. A&M Construction and Utilities, LLC is a local contractor and has built multiple water lines in the Town of Sunnyvale. The construction of the water lines will take approximately 4 months and be ready when the new water tower is completed. The project budget for the water tower and water line project is $4,510, With the water tower being constructed at $3,203,000, engineering at $281,000, and the water lines at $886,878 the total project cost will be $4,370,878. Staff recommends Council authorize the Town Manager to award and enter into the construction contract, base bid plus alternative B, to the A&M Construction and Utilities, LLC in the amount of $886, In response to a question by Councilmember McNeill, Town Engineer Justin Brown indicated that the difference between the base bid plus alternative B and alternative C is the method used to replace the pipe. In response to a question by Councilmember Egan, Brown indicated that he was comfortable with the range of costs between bidders. Councilmember Hill made a made a motion, seconded by Councilmember Egan, to authorize the Town Manager to execute a contract with A&M Construction and Utilities, LLC for the construction of the Town East Boulevard and Hidden Lakes Drive water line improvements. Mayor Pro-Tem George called for a vote, and with all members voting affirmative, the motion passed 6/0. Mayor Phaup was absent. TOWN SECRETARY 6. DISCUSS AND CONSIDER CALCULATIONS FOR ADJUSTING WATER AND WASTEWATER BILLS FOR LEAKS. Town Secretary Leslie Black provided an overview of the current processes for adjusting water and wastewater bills in the case of a leak, and recommended changes. The Council asked that data indicating how other municipalities adjust for commercial leaks be provided in future discussions. No action was taken. 7. DISCUSS UPDATED MEETING SCHEDULE FOR 2017 ELECTION AND BUDGETING PURPOSES. Town Secretary Leslie Black provided an updated meeting schedule for the election and budgeting purposes. No action was taken. 4

6 TOWN MANAGER 8. DISCUSS AND CONSIDER APPROVAL OF A CONTRACT FOR SOLID WASTE SERVICES FOR A PERIOD OF FIVE (5) YEARS WITH THE OPTION FOR AN ADDITIONAL FIVE (5) YEAR EXTENSION. Town Manager Sean Fox stated the Town s current solid waste contract with Republic Services is set to expire on July 1, Staff solicited and received bids from five vendors Republic Services, Waste Connections of Texas, Waste Management, Sanitation Solutions and Community Waste Disposal. All five companies met the criteria of the RFP and are able to provide the services that the Town requires. The RFP requested each Service Provider to submit cost information for three options related to Residential and Commercial Hand Collection Services. On April 10 th, Council selected Option #2, providing for curbside collection of Municipal Solid Waste two (2x) time per week and curbside collection for Recyclable Material once (1) weekly. Prior to the April 10 th meeting, one of the original vendors submitted an unsolicited/updated proposal and Council asked that each vendor be given the same opportunity. All vendors provided references that were verified via phone with no negative comments received. As Council directed, Staff reached out to surrounding communities seeking letters of recommendation but received no responses. Based on the rates provided, Community Waste Disposal has the overall lowest combined price for Residential and Commercial (Hand Collection & Dumpster), followed by Waster Connections of Texas, Sanitation Solutions, Republic & Waste Management. Staff recommends Council approve Community Waste Disposal as the preferred vendor and authorize the Town Manager to negotiate and execute a five (5) year Agreement commencing July 1, 2017, with an option to extend the Agreement for one additional five (5) year period as the Council deems to be in the best interest of the Town of Sunnyvale. In response to a question by Mayor Pro-Tem George, Town Manager Sean Fox indicated that CWD does conduct background checks on employees and all employees are full-time employees. Councilmember Hill noted that Mayor Phaup had sent an requesting that the Council authorize Town Manager Sean Fox to negotiate an agreement with whichever vendor deemed to be the most appropriate, and schedule the item for a future agenda for Council approval. Councilmember Wade stated that the Council indicated they wanted Option 2 to allow for additional recycling and increase in the amount of brush pick-up, so he was not surprised to see an increase in Republic Service s rate. Republic Service has provided great service for at least ten years. Councilmember Wade indicated he was concerned that CWD could offer service at the same level with a lower rate, and recommended to begin negotiations with Republic Services. Councilmember McNeill stated that Republic has provided 10 years of excellent service to the Town and the lowest bidder does not necessarily guarantee the best service. CWD is an unknown element to Sunnyvale, and he prefers to do business with those companies that provide exceptional service. 5

7 Councilmember Ranta stated that she was not as loyal to a brand. It is healthy for organizations to reevaluate and seek the best deal. After additional discussion regarding the illegal dumping of chemicals, and clarification on the quotes provided for brush and bulky pick-up, Councilmember Egan made a motion, seconded by Councilmember Wade to authorize the Town Manager to negotiation with Republic Services for solid waste services and to provide a contract for Council consideration at a future meeting. Mayor Pro-Tem George called for a vote, and with all members voting affirmative, the motion passed 4/2 with Councilmember Wade, Councilmember Egan, Mayor Pro-Tem George, and Councilmember McNeill voting in favor of the motion, and Councilmember Hill and Councilmember Ranta opposed. Mayor Phaup was absent. MAYOR & COUNCIL 9. MAYOR AND COUNCIL REQUESTS FOR FUTURE STAFF UPDATES AND AGENDA ITEMS. In response to a question by Councilmember Wade, Town Engineer Justin Brown stated that Staff is working to resolve an issue with a drainage culvert along Jobson Road. Councilmember Ranta asked for additional discussions on strategies to utilize residents existing connections to reach out to potential economic development contacts. In response to a question by Councilmember McNeill, Town Manager Sean Fox stated that Dallas County should be moving equipment in around the second week of May to begin road reconstruction. ADJOURN Mayor Pro-Tem George adjourned the meeting at 8:48 p.m. The undersigned presiding officer certifies that this is a true and correct record of the proceedings. ATTEST: Mayor Jim Phaup Leslie Black, Town Secretary 6