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04.14.2015 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. Announcements of upcoming events. 4. Proclamations.  Presentation of a Proclamation to members of Prosper’s Police Dispatch Personnel declaring the week of April 12-18, 2015, as Telecommunicators Week. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – March 24, 2015  Work Session – March 31, 2015 5b. Consider and act upon an ordinance amending the Future Land Use Plan, on the east side of Main Street, from Third Street to First Street, from Old Town – Office to Old Town – Main Street Retail. (CA15-0001). [Companion to Case Z15-0001] (JW) 5c. Consider and act upon an ordinance rezoning 0.8± acre, located on the southeast corner of Main Street and Third Street from Commercial (C) to Downtown Retail (DTR). (Z15-0001). [Companion to case CA15-0001] (JW) 5d. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining sanitary sewer easements, consisting of approximately 5 acres of property, situated generally in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County and Denton County, Texas, necessary for the construction of the Town’s West Prosper Sanitary Sewer Extension project, and for other public purposes permitted by law. 5e. 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. (AG) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 14, 2015 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 Meeting Appearance Card” 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 “Public Meeting Appearance Card” 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 HEARINGS: 7. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Low Density Residential to Medium Density Residential. (CA15-0003). [Companion to case Z14-0016] (JW) 8. Conduct a Public Hearing, and consider and act upon a request to rezone 9.4± acres, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Agricultural (A) to Planned Development-Single Family-12.5 (PD-SF-12.5). (Z14-0016). [Companion to case C15-0003] (JW) 9. Presentation of a service plan and second Public Hearing to consider the annexation of an 18.6± acre tract of land, located on the south side of Prosper Trail, 2,500± feet west of Custer Road. (A15-0001). (AG) DEPARTMENT ITEMS: 10. Discussion on the Earth-Kind Dwarf Shrub Research Garden and Earth-Kind Demonstration Garden. (FJ) 11. Consider and act upon authorizing the Town Manager to execute a Facilities Construction, Use and Maintenance Agreement between Preston Lakes Homeowners’ Association, Inc., and the Town of Prosper, Texas, related to maintenance obligations of the right-of-way for Prosper Trail adjacent to the Preston Lakes subdivision and Preston Lakes Park. (HW) 12. Consider and act upon a request for a variance to the Subdivision Ordinance regarding Thoroughfare Screening along Windsong Parkway and Gee Road, for Windsong Ranch, Phases 1A, 1B, 1C, 3A-1, and 3B. (V15-0001). (JW) 13. Discussion on the Frontier Park North Conceptual Master Plan. (PN) 14. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Graham Associates, Inc., and the Town of Page 3 of 4 Prosper, Texas, related to the Prosper Trail (Kroger – Coit) Project and the First Street (Dallas North Tollway – Coleman) project. (MR) 15. Consider and act upon an amendment to the FY 2014-2015 Capital Improvement Plan. (MR) 16. Consider and act upon an ordinance amending the FY 2014-2015 budget. (KG) 17. 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: 17a. Section 551.087 – To discuss and consider economic development incentives. 17b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 17c. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, bond validation litigation in Travis County regarding Little Elm boundaries and annexations, and all matters incident and related thereto. 17d. Section 551.074 – To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment/Construction Board of Appeals, Library Board, and Upper Trinity Regional Water District Board of Directors. 18. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 20. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted on April 10, 2015, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Noticed Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. Page 4 of 4 NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, 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. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time.