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12.13.2011 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(s) (AP) • November 8, 2011 – Regular Town Council Meeting • November 16, 2011 – Special Called Town Council Meeting 4b. Consider and act upon the October 2011 monthly financial statements. (MG) 4c. Consider and act upon the Quarterly Investment Portfolio for the period ending September 30, 2011. (MG) 4d. Consider and act upon Resolution No. 11-66 approving an Interlocal Agreement with Region 8 Education Service Center, which sponsors the Interlocal Purchasing System (TIPS/TAPS), providing a purchasing program for goods and services. (MG) 4e. Consider and act upon Ordinance No. 11-73 granting a Specific Use Permit (SUP) for a concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street. The property is zoned Planned Development-19-Commercial Corridor. (PD-19-CC). (S11-0001). (CC) 4f. Consider and act upon Ordinance No. 11-74 amending Chapter 4, Section 6.2(A)(8) (Outdoor Lighting) of the Town’s Zoning Ordinance. (Z11-0010). (CC) 4g. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Prosper Independent School District related to the future construction of improvements on Coleman Street, Frontier Parkway and the future North-South Collector adjacent to the High School Property and 2) Resolution No. 11-67 authorizing the Town Manager to execute the same. (HW) AGENDA Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, December 13, 2011 at 6:00 p.m. Page 2 of 3 4h. Consider and act upon Ordinance No. 11-57 adopting the Drought Contingency Plan. (FJ) 4i. Consider and act upon 1) a professional services agreement between the Town of Prosper and Jacobs Engineering for the layout and grading plan for the Frontier Park Improvements and 2) Resolution No. 11-72 authorizing the Town Manager to execute the same. (WH) 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 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.) DEPARTMENT RELATED ITEMS 6. Discuss and provide direction concerning park land dedication and park improvement fee requirements for a portion of the Brookhollow development. (HW) 7. Consider and act upon Ordinance No. 11-75 adopting the Public Works Fee Schedule. (FJ) 8. Consider and act upon 1) an award of bid to W. Brown Enterprises, Inc., 2) enter into a contract agreement with W. Brown Enterprises, Inc., regarding the construction services for the Wilson Creek Sewer Interceptor Project and 3) adopt Resolution No. 11-68 authorizing the Town Manager to execute the same. (MB) 9. Consider and act upon Change Order #3 to RLK Engineering, Inc, for the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380). (MB) 10. Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper and Freese and Nichols, Inc., for the Custer Road Pump Station Improvements Project and 2) Resolution No. 11-69 authorizing the Town Manager to execute the same. (HW) 11. Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper and Freese and Nichols, Inc., for the 2nd Upper Plane 30/24-Inch Treated Waterline Pipeline Project and 2) Resolution No. 11-70 authorizing the Town Manager to execute the same. (HW) 12. Consider and act upon 1) a professional services agreement between the Town of Prosper and Brown Reynolds Watford Inc., for the design of the parks maintenance building and 2) Resolution No. 11-71 authorizing the Town Manager to execute the same. (HW) 13. Consider and act upon the construction of exercise stations in Frontier Park. (WH) Page 3 of 3 14. 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: 14a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First Street/Coit Road Improvement projects. 14b. 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. 14c. Section 551.087. To deliberate regarding Economic Development Incentive for properties located south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380. 14d. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 16. 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.