03.22.2016 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. Announcements of recent and upcoming events.
4. Presentations
Presentation to the Prosper High School Film Team for winning the state
championship for their documentary at the 2016 UIL Young Filmmakers Festival.
(RB)
Presentation to Prosper High School senior Gabe Costa for winning the 2016 5A
State UIL Wrestling Championship. (RB)
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 meetings. (RB)
Regular Meeting – February 23, 2016
5b. Receive the January 2016 Financial Report. (BP)
5c. Consider and act upon a resolution canceling the May 7, 2016, General Election
and declaring each unopposed candidate elected to office. (RB)
5d. Consider and act upon authorizing the Town Manager to execute the Playground
Joint Use Agreement between the Town of Prosper, Texas, and Prosper
Independent School District (PISD), related to Windsong Park. (WM)
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, March 22, 2016
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 Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.
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. Presentation of service plan and first Public Hearing to consider the voluntary
annexation of 52.2± acres located on the west side of Coit Road, 2,700± feet north of
First Street. (A16-0001). (JW)
8. Conduct a Public Hearing, and consider and act upon a request for a Special Purpose
Sign District for the Gates of Prosper, on 93.0± acres, located on the northeast corner of
US 380 and Preston Road. (MD16-0001). (JW)
9. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a Child Day Care Center (Primrose), on 2.9± acres, located on the east
side of Gee Road, 2,000± feet north of US 380. This property is zoned Planned
Development-40 (PD-40). (S16-0002). (JW)
10. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.4± acre,
located on the south side of Broadway Street, 650± feet east of Coleman Street, from
Single Family-15 (SF-15) to Downtown Office (DTO). (Z16-0003). (JW)
DEPARTMENT ITEMS:
11. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Federal Emergency Management Agency (FEMA) for the 2016
Staffing for Adequate Fire & Emergency Response (SAFER) Grant. (RT)
12. Consider and act upon a resolution accepting the Independent Audit Report and
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September
30, 2015, as presented by a representative of Davis Kinard & Co., PC, Certified Public
Accountants. (BP)
13. Consider and act upon an ordinance of the Town of Prosper amending Chapter 13,
“UTILITIES” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new
Article 13.11 “Fats, Oils and Grease (FOG) Outreach Plan;” amending Appendix A “Fee
Schedule” to the Code of Ordinances of the Town of Prosper, Texas, by adding a new
section XIX, “FOG Outreach and Enforcement Fees.” (FJ)
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14. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Legacy Estates at Prosper Trail, Inc., West Prosper 76, Ltd., Blue
Star Allen Land, LP, and the Town of Prosper, Texas, related to the extension of
wastewater lines to serve the Legacy Estates at Prosper Trail, Legacy Creek Estates,
and Star Trail developments. (HW)
15. 2011 Bond Propositions update. (HW)
16. 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:
16a. Section 551.087 – To discuss and consider economic development incentives.
16b. 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.
16c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation agreements in Town ETJ areas, development issues
associated with areas subject to annexation agreements, and all matters incident
and related thereto.
16d. Section 551.071 – Consultation with the Town Attorney regarding property repair
issues and contractual agreement regarding same.
16e. Section 551.071 - Consultation with the Town Attorney regarding possible
litigation with the Texas Public Utility Commission, and all matters incident and
related thereto.
16f. Section 551.074 – To discuss and review the Town Manager’s performance
evaluation.
17. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Median Landscaping. (HW)
Process for considering alternative, exterior construction materials. (JW)
Discussion on Municipal Court as a Court of Record. (TW)
Process for Charter review. (RB)
19. Adjourn.
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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 March 18, 2016, by 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.
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.