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20130326tcmTown of Prosper Town Council Meeting March26, 2013 “a place where everyone matters” Town of Prosper Agenda Item 1. Call to Order/Roll Call. “a place where everyone matters” Town of Prosper Agenda Item 2. Invocation, Pledge of Allegiance and 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 3. Announcements of upcoming events “a place where everyone matters” Town of Prosper Agenda Item 4. Presentation “a place where everyone matters” Town of Prosper Agenda Item 5. (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 5a.-5c. 5a.Consider and act upon minutes from the following Council meeting(s) (HJ) Regular Meeting –February 26, 2013 5b.Consider and act upon Ordinance No. 13-07, rezoning 124.7±acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road to amend Planned Development-15 (PD- 15), Exhibit C, Section 2.05 (Streets). (Z13-0003). (CC) 5c.Consider and act upon a Resolution No. 13-22 reviewing, updating, and adopting the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy.(MG) “a place where everyone matters” Town of Prosper Agenda Item 6. 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 (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.) “a place where everyone matters” Town of Prosper Agenda Item 7. .)A public hearing to consider and act upon a request to rezone 0.5±acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). (Z13-0001). (CC) “a place where everyone matters” Town of Prosper Agenda Item 8. .)A public hearing to consider and act upon a request to amend Planned Development-8 (PD-8), Exhibit C (Hike and Bike Trail Exhibit), located at the terminus of Lake Trail Lane, south of Frontier Parkway. The property is 25.0±acres. (Z13-0004). (CC) “a place where everyone matters” Town of Prosper Agenda Item 9. .)A public hearing to consider and act upon a request to amendPlannedDevelopment-2 (PD-2),Exhibit C,Section 2.06(Thoroughfare Screening),located adjacent to the westernboundaryofWillowRidge,Phases 4A and 4B,along futureLoversLane.The property is for 0.3±acre.(Z13-0005).(CC) “a place where everyone matters” Town of Prosper Agenda Item 10. .)A public hearing to consider and act upon a request to rezone1.5±acres,located on the southeast corner of Preston Road andHaysRoad,from Office (O)to Planned Development-Office(PD-O).(Z13-0002).(CC) “a place where everyone matters” Town of Prosper Agenda Item 11. .)A public hearing to consider and act upon a request to amendPlannedDevelopment-14 (PD-14),Exhibit C,Section 4.06(Conceptual Development Plan),located on the south side ofFishtrapRoad,2,400±feet east of Teel Parkway.The property is145.4±acres.(Z13-0006).(CC) “a place where everyone matters” Town of Prosper Agenda Item 12. .)Consider and act upon 1)a Letter Agreement between the TownofProsperandBlueStarLand,LP,related to the proposedexpendituresforSH289improvementstobeincludedinfutureTIRZFinancingAgreementand2)adopting Resolution No.13-25 authorizing the Town Manager to execute the same.(HW) “a place where everyone matters” Richland Boulevard Lover’s Lane Town of Prosper Agenda Item 13. .)Consider and act upon 1)a Memorandum of UnderstandingbetweentheTownofProsperandBlueStarLand,LP,related totheproposedexpendituresforaWastewaterTrunkMaintobeincludedinfutureDevelopmentAgreementand2)adoptingResolutionNo.13-26 authorizing the Town Manager to executethesame.(HW) “a place where everyone matters” Town of Prosper Agenda Item 14. .)Consider and act upon Change Order #1 to Freese and Nichols,Inc.,for the 2nd Upper Plane 30/24-Inch Treated WaterlinePipelineProject.(MB) “a place where everyone matters” Town of Prosper Agenda Item 15. .)Consider and act upon Resolution No.13-23,accepting theIndependentAuditReportandComprehensiveAnnualFinancialReportfortheFiscalYearEndedSeptember30,2012,as presented by Lori Herrick of Davis Kinard &Co,PC,Certified Public Accountants.(MG) “a place where everyone matters” Town of Prosper Agenda Item 16. .)Consider and act upon Resolution No.13–17 approvingrenewalofthetowersiteleaseagreementwithTierOneConvergedNetworks.(MG) “a place where everyone matters” Town of Prosper Agenda Item 17. .)Consider and act upon Resolution No.13–24 approving theFirstAmendmenttothetowersiteleaseagreementwithTierOneConvergedNetworks,allowing for monthly rents andauthorizingtheTownManagertoexecutethesame.(MG) “a place where everyone matters” Town of Prosper Agenda Item 18. Executive Session Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Actdeliberate regarding: 18a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. 18b.Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Preston Road north of Broadway. “a place where everyone matters” Town of Prosper 18 c.Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Prosper Trail west of Coit Road. 18d. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on First Street west of Craig Street. 18e. 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. “a place where everyone matters” Town of Prosper 18 f.Section 551.074. Discuss and consider Town Attorney applicants and all matters incident and related thereto. “a place where everyone matters” Town of Prosper Agenda Item 19. 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 20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting: -Discuss temporary use of Frontier Park for baseballlpractice -Discuss additional solid waste service options “a place where everyone matters” Town of Prosper Agenda Item 21. Adjourn “a place where everyone matters”