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04.23.2013 Town Council Agenda Page 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. 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. Page 2 of 4 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. Page 3 of 4 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 Page 4 of 4 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.