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08.09.2011 Town Council AgendaPage 1 of 3 ] 1. Call to Order / Roll Call 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag 3. Announcements of dates and times of upcoming community events 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.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings (AP) • July 26, 2011 – Regular Town Council Meeting FINANCE b. Consider and act upon accepting the Quarterly Investment portfolio for the period ending June 30, 2011. (MG) ORDINANCES, RESOLUTIONS, AND AGREEMENTS c. Consider and act upon Ordinance No. 11-53 establishing new school zone times d. Consider and act upon Ordinance No.11-54 amending the Town’s Thoroughfare Plan (Section 13 of the Town’s Comprehensive Plan) revising the alignment of F.M. 1385, Gee Road, and Fishtrap Road. (CA11-0001). (CC) e. Consider and act upon Ordinance No.11-55 rezoning 39.4± acres, located on the north side of Fishtrap Road, 500± feet east of existing F.M. 1385, from Planned Development-51- Retail (PD- 51-R) and Agricultural (A) to Planned Development-Retail (PD-R). (Z11-0007). (CC) f. Consider and act upon an amendment to the contract with Collin County for Animal Control Services, extending the agreement through FY2011-12 at a cost of $34,563 authorizing the Town Manager to execute the same. (TE) AGENDA Regular Meeting of the Prosper Town Council Prosper ISD Administration Building 605 E 7th Street, Prosper, Texas Tuesday, August 9, 2011 at 6:00 p.m. Page 2 of 3 g. Consider and act upon an amendment to the contract with Collin County for Animal Sheltering Services, extending the agreement through FY2011-12 at a cost of $23,620, authorizing the Town Manager to execute the same. (TE) 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.) 5. Other Comments by the Public PUBLIC HEARING 6. A public hearing to consider and act upon Ordinance No. 11-56 to approve a negotiated settlement agreement and resulting tariffs with Atmos Energy Corporation Mid-Tex Division as recommended by the ACSC Settlement Committee and ACSC legal counsel. (MG) 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 initiating Stage 2 Drought Contingency and Water Emergency Response Measures.(FJ) 8. Consider and act upon Resolution No. 11-55 authorizing the Town Manager to execute an audit engagement letter with Davis Kinard & CO, P. C. for the independent audit for Fiscal Year 2011 and Fiscal Year 2012 Financial Reports with three (3) optional one-year renewals thereafter. (MG) 9. Submission and discussion of the FY 2011-2012 Budget and Budget Message by the Town Manager. (ML) 10. Consider and act upon a schedule for public hearings on the FY 2011-2012 Budget. (ML) 11. Consider and act upon a proposed 2011 property tax rate. (ML) 12. Consider and act upon a schedule for public hearings on the proposed 2011 tax rate. (ML) EXECUTIVE SESSION 13. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the Page 3 of 3 City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property totaling 18 acres and located south and east of the intersection of Cook Lane and Prosper Trail. b. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located north of First Street, West of Coit, East of Preston Road, South of FM 1461. c. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located west of Preston Road, south of First Street, north of Highway 380, and east of the Dallas North Tollway. d. Section 551.071. Receive legal advice options for economic and community development and the use of sales taxes and general funds. e. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 14. 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, a place convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened. _________________________________ ________________ ____________________ Amy Piukana, Town Secretary Date Notice Posted Date Noticed Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. 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) 569-1013. BRAILLE IS NOT AVAILABLE.