03.26.2013 Town Council AgendaPage 1 of 4
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events:
4. PRESENTATION:
GFOA Award.
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.)
5a. Consider and act upon minutes from the following Council meeting(s) (HJ)
Regular Meeting – February 26, 2013.
5b. Consider and act upon Ordinance No. 13-07, rezoning 124.7± acres, located on the
south side of Frontier Parkway, 800± feet east of Preston Road to amend Planned
Development-15 (PD-15), Exhibit C, Section 2.05 (Streets). (Z13-0003). (CC)
5c. Consider and act upon a Resolution No. 13-22 reviewing, updating, and adopting
the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy.
(MG)
6. 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 -
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, March 26, 2013
Meeting begins at 6:00 p.m.
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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 a request to rezone 0.5± acre, located on the
southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single
Family-15 to Downtown Office (DTO). (Z13-0001). (CC)
8. A public hearing to consider and act upon a request to amend Planned Development-8 (PD-
8), Exhibit C (Hike and Bike Trail Exhibit), located at the terminus of Lake Trail Lane,
south of Frontier Parkway. The property is 25.0± acres. (Z13-0004). (CC)
9. A public hearing to consider and act upon a request to amend Planned Development-2 (PD-
2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western
boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The property is
for 0.3± acre. (Z13-0005). (CC)
10. A public hearing to consider and act upon a request to rezone 1.5± acres, located on the
southeast corner of Preston Road and Hays Road, from Office (O) to Planned
Development-Office (PD-O). (Z13-0002). (CC)
11. A public hearing to consider and act upon a request to amend Planned Development-14
(PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side
of Fishtrap Road, 2,400± feet east of Teel Parkway. The property is 145.4± acres. (Z13 -
0006). (CC)
DEPARTMENT ITEMS:
12. Consider and act upon 1) a Letter Agreement between the Town of Prosper and Blue Star
Land, LP, related to the proposed expenditures for SH 289 improvements to be included in
future TIRZ Financing Agreement and 2) adopting Resolution No. 13-25 authorizing the
Town Manager to execute the same. (HW)
13. Consider and act upon 1) a Memorandum of Understanding between the Town of Prosper
and Blue Star Land, LP, related to the proposed expenditures for a Wastewater Trunk Main
to be included in future Development Agreement and 2) adopting Resolution No. 13-26
authorizing the Town Manager to execute the same. (HW)
14. Consider and act upon Change Order #1 to Freese and Nichols, Inc., for the 2nd Upper
Plane 30/24-Inch Treated Waterline Pipeline Project. (MB)
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15. Consider and act upon Resolution No. 13-23, accepting the Independent Audit Report and
Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2012, as
presented by Lori Herrick of Davis Kinard & Co, PC, Certified Public Accountants. (MG)
16. Consider and act upon Resolution No. 13–17 approving renewal of the tower site lease
agreement with TierOne Converged Networks. (MG)
17. Consider and act upon Resolution No. 13–24 approving the First Amendment to the tower
site lease agreement with TierOne Converged Networks, allowing for monthly rents and
authorizing the Town Manager to execute the same. (MG)
18. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et. seq. Tex as Government
Code, as authorized by the Texas Open Meetings Act deliberate regarding;
18a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real
property generally located on W. Broadway Street west of Coleman.
18b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real
property generally located on Preston Road north of Broadway.
18c. Section 551.072. To deliberate the purchase, exchange, lease, or value of real
property generally located on Prosper Trail west of Coit Road.
18d. Section 551.072. To deliberate the purchase, exchange, lease, or value of real
property generally located on First Street west of Craig Street.
18e. 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 to receive
legal advice regarding the Police Department’s standard operating procedures, and
matters related thereto.
18f. Section 551.074. Discuss and consider Town Attorney applicants and all matters
incident and related thereto.
19. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Discuss temporary use of Frontier Park for baseball practice.
Discuss additional solid waste service options.
21. 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 readil y 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.
________________________________
Harlan Jefferson
Interim 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 s ubjects 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.