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10.25.2011 Town Council AgendaPage 1 of 3 ] 1. Call to Order / Roll Call 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag 3. Announcements of dates and times of upcoming community events 4. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) MINUTES, RESOLUTIONS AND OTHER ITEMS 4a. Consider and act upon minutes from the following Council meeting (AP) • October 11, 2011 – Regular Town Council Meeting 4b. Consider and act upon Resolution No. 11-62 supporting the reconstruction of US 380 from the Denton County Line east to Custer Road, including the addition of frontage roads between the Dallas North Tollway and SH 289 (Preston Road). (HW) 4c. Consider and act upon Resolution No. 11-63 Second Amendment – Development and Financing Agreement between the Town of Prosper and Blue Star Land LP, 183 Land Corp. and Blue Star Allen Land LP. (ML) 4d. Consider and act upon Resolution No. 11-64 First Amendment - Water and Sewer Improvement Development Agreement between the Town of Prosper, Forest City Prosper Limited Partnership and Prosper Partners LP. (ML) 4e. Consider and act upon the September 2011 monthly financial statements. (MG) 5. CITIZEN’S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comments Form” and present it to the Town Secretary prior to the meeting.) Other Comments by the Public AGENDA Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 25, 2011 at 6:00 p.m. Page 2 of 3 REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARING & DEPARTMENT RELATED ITEMS 6. Consider and act upon a public hearing to consider and act upon Ordinance No. 11-70 to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. (MG) 7. A public hearing to receive public comment concerning the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities. (CC) 8. Discuss a Development Agreement between the Town of Prosper and Athlos Prosper Fund I, LP for the development 188 acres in the northwest quadrant of Hwy 380 and the Dallas North Tollway. (ML) 9. Discuss an Agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. (ML) 10. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: 10a. Section 551.071. Consultation with Town Attorney regarding agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. 10b. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First Street/Coit Road Improvements project. 10c. Section 551.072. To deliberate regarding Real Property located south of Prosper Trail, West of Custer, east of Dallas North Tollway and north of Highway 380. 10d. Section 551.087. To deliberate the purchase exchange, lease, or value of real property located south of Fishtrap, North of Hwy. 380, East of FM 1385, and West of Burlington Northern Railroad. 10e. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 3 of 3 11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 12. Adjourn CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened. _________________________________ ________________ ____________________ Amy Piukana, TRMC Town Secretary Date Notice Posted Date Noticed Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary’s Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE.