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03.26.2013 Town Council AgendaPage 1 of 4 ] 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. Page 2 of 4 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) Page 3 of 4 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. Page 4 of 4 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.