06.26.2012 Town Council AgendaPage 1 of 4
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1. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
1a. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the
Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to the proposed,
updated Comprehensive Plan.
1b. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of Prosper Trail, west of Coit Road, east of Preston Road, and north of First Street.
1c. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of FM 1461/Frontier Parkway, east of Legacy, west of Custer, and north of Highway
380.
1d. Section 551.074. To deliberate the appointment employment and/or duties of the interim
Town Manager and/or permanent Town Manager.
1e. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located west of DNT, north of Hwy 380, east of 1385 and south of First Street.
1f. 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.
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.)
5. MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
June 12, 2012 – Regular Town Council Meeting
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 26, 2012
5:00 p.m. Executive Session
6:00 p.m. Regular Meeting
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5b. Consider an act upon Ordinance No. 12-13, establishing a reduced speed limit for Preston
Road. (KM)
5c. Consider and act upon 1) a Professional Services Agreement with Specialty Land Services,
LLC, and the Town of Prosper regarding the right-of-way acquisition for various Town
projects and 2) Resolution No. 12-41 authorizing the Town Manager to execute the same.
(MB)
5d. Consider and act upon 1) a Professional Landscape Architecture Services Agreement with
Studio 13 Design Group, PLLC., and the Town of Prosper regarding median landscape design
of Coit Road (US 380 to First Street) and First Street (Craig Street to Coit Road) and 2)
Resolution No. 12-42 authorizing the Town Manager to execute the same. (WH)
5e. Consider and act upon 1) a Pipeline License Agreement with the BNSF Railway Company
and the Town of Prosper regarding the construction of a 20” water line crossing within the
BNSF corridor approximately 100 feet north of US 380 and 2) Resolution No. 12-43
authorizing the Town Manager to execute the same. (HW)
5f. Consider and act upon Resolution No. 12-44, 1) determining a public necessity to acquire, by
purchase or condemnation, real property located south of Prosper Trail, west of Coit Road,
east of Preston Road, and north of First Street, 2) giving notice of an official determination to
acquire said property for the purposes set forth within and 3) authorizing the Town Manager
to establish procedures for acquiring the property by purchase or condemnation. (MB)
5g. Consider and act upon Ordinance No. 12-17 amending Sign Ordinance No. 10-010, Sections
1.09(D)(2)(b)(3), 1.09(G)(5)(b), and 1.09(O)(2)(b)(1), regarding the minimum front yard
setback for monument signs, unified development signs, and wood frame signs located in the
City of Irving waterline easement along U.S. 380. (CC)
5h. Consider and act upon an amendment to Ordinance 02-33 establishing a pavilion rental fee.
(WH)
5i. Consider and act upon 1) an application to Collin County Parks & Open Space Project
Funding Assistance Program and 2) Resolution No. 12-45, authorizing the Town Manager to
execute the same. (WH)
5j. Consider and act upon accepting the resignation of Council Member Dave Benefield, for
Town Council Place 1. (AP)
5k. Consider and act upon Resolution No. 12-46, ordering a Special Election to fill the vacancy
created in Town Council Place 1 for the remainder of the current term; designating Early
Voting locations; ordering Notices of Election to be given as prescribed by law in connection
with such election; and providing for the appointment of Election Judges. (AP)
(CONSIDERAR Y ACTUAR EN LA RESOLUCIÓN Nº 12-46 CONSIDERANDO QUE LA CIUDAD DE
PROSPER, COLLIN Y CONDADOS DE DENTON, TEXAS, ORDENANDO UNA ELECCIÓN ESPECIAL
PARA LLENAR LA VACANTE CREADA EN AYUNTAMIENTO LUGAR 1 POR EL RESTO DEL
MANDATO ACTUAL; DESIGNACIÓN DE SITIOS DE VOTACIÓN ANTICIPADA; AVISOS DE PEDIDOS
DE ELECCIONES DARSE SEGÚN LO PRESCRITO POR LA LEY EN RELACIÓN CON DICHA
ELECCIÓN; Y PREVÉN EL NOMBRAMIENTO DE LOS JUECES DE LA ELECCIÓN.)
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5l. Consider and act upon the May 2012 monthly financial statements. (MG)
6. CITIZEN’S COMMENT
(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.)
PUBLIC HEARING
7. A public hearing to consider and act upon the 2012 Town of Prosper Comprehensive Plan Update.
(CA12-0001) (CC)
DEPARTMENT ITEMS
8. Consider act upon Ordinance No. 12-14 and all matters incident and related to the issuance and sale
of the Town of Prosper, Texas General Obligation Bonds, Series 2012, including the adoption of an
ordinance authorizing the issuance of such Bonds, approving an Official Statement, a Bond Purchase
Agreement, a Paying Agent/Registrar Agreement and an engagement letter of Bond Counsel. (MG)
9. Consider and act upon Ordinance No. 12-15 and all matters incident and related to the issuance and
sale of the Town of Prosper, Texas Combination Tax and Revenue Certificates of Obligation, Series
2012, including the adoption of an ordinance authorizing the issuance of such Certificates, approving
an Official Statement, a Bond Purchase Agreement, a Paying Agent/Registrar Agreement and an
engagement letter of Bond Counsel. (MG)
10. Consider and act upon Change Order #1 to Freese and Nichols, Inc., for the Custer Road Pump
Station Improvements Project. (HW)
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn
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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) 569-1011. BRAILLE IS NOT AVAILABLE.