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02.12.2013 Town Council AgendaPage 1 of 4 ] Prosper is a place where everyone matters. 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 the 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 related to the: (i) proposed ordinance relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic beverages; 2. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 3. Call to Order/Roll Call. 4. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 5. Announcements of upcoming events. 6. Proclamation by Mayor Smith declaring February 7-14th as Congenital Heart Defect Awareness Week. 7. Recognition of Jerry David with Bloomfield Homes as Second Runner-Up, Mark Covington with Drees Homes as First Runner-Up, and Mike Reynolds of Beazer Homes as the recipient of the Building Inspection’s 2012 Builder of the Year Awards. (WS) 8. Update from Oncor Electric, Inc., on the Willow Ridge power outage issue. 9. 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.) 9a. Consider and act upon minutes from the following Council meeting(s) (AP) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, February 12, 2013 Town Manager Reception 4:30 p.m. Executive Session 5:45 p.m. Meeting begins at 6:00 p.m. Page 2 of 4 • Regular Meeting – January 22, 2013 9b. Consider and act upon 1) a Water Improvement Development Agreement between the Town of Prosper and Racetrac Petroleum, Inc., related to the extension of approximately 6,000 feet of 16” water main along US 380 and 2) adopting Resolution No. 13-08 authorizing the Town Manager to execute the same. (HW) 9c. Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper and Spiars Engineering, Inc., related to the design of the Racetrac Offsite Water Line Project and 2) adopting Resolution No. 13-09 authorizing the Town Manager to execute the same. (HW) 9d. Consider and act upon the monthly Financial Reports. (MG) 10. CITIZEN 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.) PUBLIC HEARING: 11. A public hearing to consider and act upon Ordinance 13-01 amending Chapter 2, Section 25 (Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings)and Section 2 (Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town’s Zoning Ordinance relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic beverages. (Z12-0009). (CC) (Continued Public Hearing from the January 22, 2013 Council Meeting.) DEPARTMENT ITEMS: 12. Consider and act upon adopting Resolution No. 13-11, authorizing the Town Manager to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Page 3 of 4 Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Ridge 52 Partners, Ltd., and take any and all other actions necessary to effectuate the same, said property consisting of 9.257± acres of land, generally located west of FM 1385 and north of Fishtrap Road. (HW) 13. Consider and act upon adopting Resolution No. 13-12, authorizing the Town Manager to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Land Partners, Ltd., and take any and all other actions necessary to effectuate the same, said property consisting of 100.582± acres of land, generally located west of FM 1385 and north of Fishtrap Road. (HW) 14. Consider and act upon adopting Resolution No. 13-13, authorizing the reduction of the Town of Prosper’s Extraterritorial Jurisdiction, by removing 9.257± acres of land, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same. (HW) 15. Consider and act upon adopting Resolution No. 13-14, authorizing the reduction of the Town of Prosper’s Extraterritorial Jurisdiction, by removing 100.582± acres of land, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same. (HW) 16. Consider and act upon adopting Resolution No. 13-10, authorizing the reduction of the Town of Prosper’s Extraterritorial Jurisdiction, as a result of the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and among the Town of Prosper, Texas, Denton County Fresh Water Supply District No. 10, 166 Bryan Road Partners, LP and Bryan Road Retail Partners, LP, by removing 166.48± acres of land, generally located west of FM 1385 and southeast of Bryan Road, and authorizing the Mayor to execute the same. (HW) 17. Consider and upon Resolution No. 13-06, ordering the General Election to be held jointly with the Prosper Independent School District on May 11, 2013. (AP) 18. Consider and act upon Ordinance No. 13-05 amending the FY 2012-2013 Budget. (MG) 19. Downtown Code Compliance Strategy Update. (TE) 20. Capital Improvement Projects Update. (MB) 21. 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; Page 4 of 4 21a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. 22. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 23. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting • Update regarding the requirements and cost of a flashing school zone signs at Folsom and Coleman. • Discussion of overnight parking of semi trucks on Richland Boulevard. • Discussion of dates to schedule a Strategic Plan Workshop. • Update regarding CIP information reports. 24. 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 on the following date and time: By __________________________ at 4:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ________________________________ Amy Piukana, TRMC Town Secretary If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town should be held or is required, then such closed or executive meeting or session or consultation with the attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq., will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code: §551.071 - Consultation with the attorney/special counsel for the Town. §551.072 - Discussion regarding the purchase, exchange, lease or value of real property. §551.074 - Discussion regarding personnel matters. NOTICE Pursuant to Town of Prosper Ordinance Number 07-04, all speakers other than Town of Prosper Staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. 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.