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05.28.2013 Town Council Agenda Page 1 of 3 ] 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 declaring May 28, 2013, as Cooper Anderson 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 meetings. (RB)  Regular Meeting – May 14, 2013  Canvass of Election – May 20, 2013 5b. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) 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, May 28, 2013 Meeting begins at 6:00 p.m. Page 2 of 3 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 the election of a Mayor Pro Tem and Deputy Mayor Pro Tem. (RB) 8. Consider and act upon 1) an award of bid to Quality Excavation, Ltd.; 2) a Construction Services Contract Agreement between Quality Excavation, Ltd., and the Town of Prosper, Texas, related to the construction services for improvements to Hays Road from Ridgewood Drive to Chandler Circle South; 3) adopting Resolution No. 13-33; and, 4) authorizing the Town Manager to execute same. (FJ) 9. Consider and act upon 1) a Park Improvement Fee Agreement between Forestar Group, Inc,. and the Town of Prosper, Texas, related to the park improvements in Lakes of Prosper, Phases 2C, 3, 4, 5, and 6; 2) adopting Resolution No. 13-34; and, 3) authorizing the Town Manager to execute same. (HW) 10. Consider and act upon 1) a Landscape Architectural and Engineering Design Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of Cockrell Park; 2) adopting Resolution No. 13-35; and, 3) authorizing the Town Manager to execute same. (HW) 11. Consider and act upon 1) an application to the Collin County Parks & Open Space Project Funding Assistance Program; 2) adopting Resolution No. 13-36; and, 3) authorizing the Town Manager to execute same. (HW) 12. Consider and act upon the Fiscal Year 2013-2014 Budget Calendar and any related special meeting dates. (MG) 13. 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: 13a. 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 3 14. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 16. 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, 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 the following date and time: On May 24, 2013, at 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 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.