04.23.2013 Town Council Agenda
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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. Proclamations
3a. Presentation of a proclamation recognizing May 2013, as Motorcycle Safety and
Awareness Month.
3b. Presentation of a proclamation recognizing May 12-18, 2013, as Police Week,
and recognizing May 15, 2013, as Peace Officers’ Memorial Day.
4. Announcements of upcoming 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.)
5a. Consider and act upon minutes from the following Council meeting. (HJ)
Regular Meeting – April 9, 2013
5b. Consider and act upon Resolution No. 13-27 naming a Town Secretary. (HJ)
5c. Consider and act upon the quarterly investment portfolio for the quarter ending
March 31, 2013. (MG)
5d. Consider and act upon the monthly financial reports. (MG)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 23, 2013
Meeting begins at 6:00 p.m.
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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 -
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.)
DEPARTMENT ITEMS:
7. Consider and act upon 1) an Infrastructure Reimbursement Agreement between the
Prosper Economic Development Corporation, the Town of Prosper, Texas, and Preston
Development, Ltd., related to the design and construction of certain drainage
improvements at the northeast corner of the intersection of First Street and Preston Road;
2) adopting Resolution No. 13-28; and, 3) authorizing the Town Manager to execute
same. (HW)
8. Consider and act upon Change Order #2 to Tiseo Paving Co., for the First Street (Craig
Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project. (HW)
9. TABLED ITEM - Consider and act upon the proposed park land dedication within the
limits of the preliminary plat of Tanner’s Mill, on 138.5± acres, located on the east side
of Coleman Street (D12-0048). (HW)
10. Consider and act upon Ordinance 13-12 amending Ordinance 12-28 and approving
additional appropriations in the amounts of $174,050 in the General Fund and $110,000
in the Water/Wastewater Fund for the Fiscal Year 2012-2013 Budget. (MG)
11. 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:
11a. Section 551.072. To deliberate the purchase, exchange, lease or value of real
property generally located north of U.S. Highway 380, south of Prosper Trail,
west of Preston Road and east of the Dallas North Tollway.
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11b. 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.
11c. 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 related to the Comprehensive Plan.
11d. Section 551.074. Discuss and consider Town Attorney applicants and all matters
incident and related thereto.
12. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
13a. City of Rockwall Resolution discussed at their March 4 Town Council meeting:
“Discuss and consider approval of a resolution regarding the 2nd Amendment to
protect and defend the constitutional right to keep and bear arms, and take any
action necessary.”
14. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at the
Town Hall of the Town of Prosper, 121 W. Broadway Street, Prosper, Texas, a place convenient
and readily accessible to the general public at all times, and said Notice was posted on Friday,
April 19, 2013, by 5:00 p.m. and remained so posted at least 72 hours before said meeting was
convened.
________________________________
Robyn Battle, 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
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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.