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20130212tcmrTown of Prosper Town Council Meeting February 12, 2013 “a place where everyone matters” Town of Prosper Agenda Item 1. 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; 1a. Section 551.071.Meeting with the 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: (i) proposed ordinance relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic beverages; “a place where everyone matters” Town of Prosper Agenda Item 2. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. “a place where everyone matters” Town of Prosper Agenda Item 3. Call to Order/Roll Call. “a place where everyone matters” Town of Prosper Agenda Item 4. Invocation, Pledge of Allegiance, Pledge to the Texas Flag “a place where everyone matters” Town of Prosper Salute to the Texas Flag Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. “a place where everyone matters” Town of Prosper Agenda Item 5. Announcements of Upcoming Events “a place where everyone matters” Town of Prosper Agenda Item 6. Proclamation by Mayor Smith declaring February 7-14th as Congenital Heart Defect Awareness Week. “a place where everyone matters” Town of Prosper Agenda Item 7. Recognition of Jerry David with Bloomfield Homes as Second Runner-Up, Mark Covington with Drees Homes as First Runner-Up, and Mike Reynolds of Beazer Homes as the recipient of the Building Inspection’s 2012 Builder of the Year Awards. (WS) “a place where everyone matters” Town of Prosper Agenda Item 8. Update from Oncor Electric, Inc., on the Willow Ridge power outage issue. “a place where everyone matters” Town of Prosper Agenda Item 9. (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.) “a place where everyone matters” Town of Prosper Agenda Item 9a.-9d. 9a.Consider and act upon minutes from the following Council meeting(s) (AP)* Regular Meeting –January 22, 2013 9b.Consider and act upon 1) a Water Improvement Development Agreement between the Town of Prosper and Racetrac Petroleum, Inc., related to the extension of approximately 6,000 feet of 16” water main along US 380 and 2) adopting Resolution No. 13-08 authorizing the Town Manager to execute the same. (HW) 9c.Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper and Spiars Engineering, Inc., related to the design of the Racetrac Offsite Water Line Project and 2) adopting Resolution No. 13-09 authorizing the Town Manager to execute the same. (HW) 9d.Consider and act upon the monthly Financial Reports. (MG) “a place where everyone matters” Town of Prosper Agenda Item 10. Citizen’s 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.) “a place where everyone matters” Town of Prosper Agenda Item 11. A public public hearing A to consider and act upon Ordinance 13-01 amending Chapter 2, Section 25 (Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings)and Section 2 (Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town’s Zoning Ordinance relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic beverages. (Z12-0009). (Continued Public Hearing from the January 22, 2013 Council Meeting.) “a place where everyone matters” Town of Prosper Agenda Item 12. Consider and act upon adopting Resolution No.13-11, authorizing the Town Manager to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Ridge 52 Partners, Ltd., and take any and all other actions necessary to effectuate the same, said property consisting of 9.257±acres of land, generally located west of FM 1385 and north of Fishtrap Road.(HW) “a place where everyone matters” Town of Prosper Agenda Item 13. Consider and act upon adopting Resolution No.13-12, authorizing the Town Manager to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Land Partners, Ltd., and take any and all other actions necessary to effectuate the same, said property consisting of 100.582±acres of land, generally located west of FM 1385 and north of Fishtrap Road.(HW) “a place where everyone matters” Town of Prosper Agenda Item 14. Consider and act upon adopting Resolution No. 13-13, authorizing the reduction of the Town of Prosper’s Extraterritorial Jurisdiction, by removing 9.257±acres of land, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same.(HW) “a place where everyone matters” Town of Prosper Agenda Item 15. .)Consider and act upon adopting Resolution No.13-14,authorizing the reduction of the Town ofProsper’s Extraterritorial Jurisdiction,by removing100.582±acres of land,generally located west ofFM1385andnorthofFishtrapRoad,andauthorizingtheMayortoexecutethesame.(HW) “a place where everyone matters” Town of Prosper Agenda Item 16. .)Consider and act upon adopting Resolution No. 13-10, authorizing the reduction of the Town of Prosper’s Extraterritorial Jurisdiction, as a result of the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and among the Town of Prosper, Texas, Denton County Fresh Water Supply District No. 10, 166 Bryan Road Partners, LP and Bryan Road Retail Partners, LP, by removing 166.48±acres of land, generally located west of FM 1385 and southeast of Bryan Road, and authorizing the Mayor to execute the same.(HW) “a place where everyone matters” Town of Prosper Agenda Item 17. .)Consider and upon Resolution No. 13-06, ordering the General Election to be held jointly with the Prosper Independent School District on May 11, 2013. (AP) “a place where everyone matters” Town of Prosper Agenda Item 18. .)Consider and act upon Ordinance No. 13-05 amending the FY 2012-2013 Budget. (MG) “a place where everyone matters” Town of Prosper Agenda Item 19. .)Downtown code Compliance Strategy Update “a place where everyone matters” Town of Prosper Agenda Item 20. .)Capital Improvement Projects Update “a place where everyone matters” Town of Prosper West Side Utilities “a place where everyone matters” Town of Prosper Preston Road “a place where everyone matters” Town of Prosper Coit Road “a place where everyone matters” Town of Prosper First Street “a place where everyone matters” Town of Prosper First and Coit Landscaping “a place where everyone matters” Town of Prosper Custer Tank Expansion “a place where everyone matters” Town of Prosper Agenda Item 21. 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: 21a.Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. “a place where everyone matters” Town of Prosper Agenda Item 22. T Reconvene in Regular Session and take any action necessary as a result of the Closed Session. “a place where everyone matters” Town of Prosper Agenda Item 23. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting: -Update regarding the requirements and cost of a flashing school zone signs at Folsom and Coleman. -Discussion of overnight parking of semi trucks on Richland Boulevard. -Discussion of dates to schedule a Strategic Plan Workshop. -Update regarding CIP information reports. “a place where everyone matters” Town of Prosper Agenda Item 24. Adjourn “a place where everyone matters”