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02.14.2012 Town Council AgendaPage 1 of 3 ] 1. 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: 1a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First Street/Coit Road Improvement projects. 1b. Section 551.087. To deliberate regarding Economic Development Incentive for project south of Prosper Trail, north of Hwy 380, east of Teel Parkway and west of Custer. 1c. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located east of Burlington Santa Fe Railroad, south of Prosper Trail, west of Custer, north of Hwy. 380. 1d. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 2. Call to Order / Roll Call 3. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag 4. Announcements of dates and times of upcoming community events 5. 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 5a. Consider and act upon minutes from the following Council meeting(s) (AP) • January 24, 2012 – Regular Town Council Meeting • January 31, 2012 – Joint Town Council and Planning & Zoning Meeting 5b. Consider and act upon Resolution 12-09, authorizing a second amendment to the preannexation agreement with the Mahard 2003 Partnership, L.P., a Texas limited partnership, and Mahard Egg Farm, Inc., Forest City Prosper Limited Partnership and the Town of Prosper. (ML) AGENDA Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, February 14, 2012 Executive Session at 5:30 p.m. Council Meeting at 6:00 p.m. Page 2 of 3 5c. Consider and act upon the 2011 Racial Profiling Report as required by State Law. (GM) 5d. Consider and act on Resolution No. 12-07, Ratifying the changes made by Dallas MTA, L.P., d/b/a Verizon Wireless to the previously executed Water Tower agreement of July 12, 2011, between the Town of Prosper and Dallas MTA, LP d/b/a Verizon wireless. (FJ) 5e. Consider and act upon Resolution No. 12-06 Suspending the March 6, 2012 requested rate change of Atmos Energy Corp. Mid-Tex Division and approving cooperation with Atmos Cities Steering Committee to establish reasonable rates. (MG) 5f. Consider and act upon Resolution 12-05 of Prosper Town Council, Collin and Denton Counties, Texas, ordering the General Election to be held jointly with the Prosper Independent School District and administered by the Denton County Elections Administration on May 12, 2012, for the purpose of electing the positions of Place 2 and Place 6 to the Town of Prosper Town Council to fill expiring terms; designating polling places; designating locations of polling places; designating filing deadlines; ordering notices of election to be given as prescribed by law in connection with such election; and appointing election judges. (AP) 5g. Consider and act upon a proposal from the Prosper Independent School District to conduct a softball tournament at Frontier Park. (WH) 5h. Consider and act upon Ordinance No. 12-05 rezoning 3.5± acres, located on the south side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned Development-Retail (PD-R). (Z11-0013). (CC) 5i. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) 5j. Consider and act upon Resolution 12-04 of the Town Council of the Town of Prosper ordering two (2) separate Public Hearings for February 28, 2012 and March 13, 2012, respectively, to be held at Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas at 6:00 p.m. to hear the presentation of testimony or evidence regarding the adoption of three (3) proposed Strategic Partnership Agreements with Denton County Fresh Water Supply District No. 10., in accordance with Section 43.0751, Texas Local Government Code, as amended, and applicable law; providing that the terms of the Strategic Partnership Agreements include limited purpose annexation of portions of Denton County Freshwater Supply District No. 10; providing for available copies of the Strategic Partnership Agreements; providing for the notice of said public hearings; and providing an effective date. (ML) 6. 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 Page 3 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 HEARINGS 7. A public hearing to consider and act upon a request to rezone 2.3± acres, located on the northwest corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R). (Z12-0001). (CC) 8. A public hearing to 1) consider and act upon an amendment to Chapter 4, Section 4.2(F) of the Town’s Zoning Ordinance regarding the minimum size of enclosed parking spaces in residential zoning districts and 2) adopt an ordinance amending the same. (Z12-0002). (CC) DEPARTMENT RELATED ITEMS 9. Consider and act upon Ordinance No. 12-01, amending Section 104.9 (Approved Material and Equipment) of Exhibit “A” of Ordinance Nos. 09-037 and 09-038 (International Residential Code and International Building Code), regarding the construction and maintenance of fences. (WS) 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 11. 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.