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08.14.2012 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. 4. Presentation by Prosper Area Soccer Organization. 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.) 5. MINUTES, RESOLUTIONS AND OTHER ITEMS 5a. Consider and act upon minutes from the following Council meeting(s) (AP) July 24, 2012 – Regular Town Council Meeting 5b. Consider and act upon Resolution No. 12-54, amending Resolution No. 12-46 ordering a Special Election to fill the vacancy in Town Council Place 1 for remainder of the current term to revise the early voting locations; and providing for an effective date. (AP) 5c. Consider and act upon Resolution No. 12-55, supporting Collin County’s prioritization of proposed RTR funded transportation projects. (HW) 5d. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and First Texas Homes, Inc., related to the construction of turn lane improvements to serve Lakes of La Cima, Phase 7 with the First Street Improvements (Preston Road to Coit Road) and 2) Resolution No. 12-56, authorizing the Town Manager to execute the same. (MB) 5e. Consider and act upon Change Order #4 to RLK Engineering, Inc, for the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380). (MB) 5f. Consider and act upon the establishment of an Interlocal Agreement (ILA) by and between the Town of Prosper, Texas and the Prosper Independent School District for Public Safety Communications Services. (KM) AGENDA Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 14, 2012 Board & Commission - Meet & Greet at 5:00 p.m. Regular Meeting at 6:00 p.m. Page 2 of 3 5g. Consider and act upon Resolution No. 12-58, amending Resolution No. 12-53 for the sole purpose of establishing the possible source(s) of funding that the Town of Prosper may utilize to purchase the real property made the subject of the real estate purchase contract between the Town of Prosper and Sexton Farms, Ltd. (“Real Estate Contract”). (LD) 6. CITIZEN’S COMMENT (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.) 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 “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.) PUBLIC HEARINGS: 7. A public hearing to consider and act upon a request to rezone 10.6± acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development-Office (PD- O). (Z12-0007) (CC) DEPARTMENT ITEMS 8. Consider and act upon acceptance of a Local Option Petition for sale of all alcoholic beverages for off-premise consumption only. (AP) 9. Consider and act upon Resolution No. 12-57, a resolution of the Town Council of the Town of Prosper, Collin and Denton Counties, Texas, ordering the Special Election to be held and administered by Denton County Elections Administration and Collin County Administration on November 6, 2012. (AP) 10. Submission and discussion of the FY 2012-2013 Budget and Budget Message by the Interim Town Manager. (LD) 11. Consider and act upon a schedule for public hearings on the FY 2012-2013 Budget. (MG) 12. Consider and act upon a proposed 2012 property tax rate. (MG) 13. Consider and act upon a schedule for public hearings on the proposed 2012 tax rate. (MG) 14. Consider and act upon the 2012 Town of Prosper Comprehensive Plan Update. (CA12-0001) (CC) 15. Presentation and update regarding Capital Improvement Projects. (MB) Page 3 of 3 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 551.074. To deliberate the appointment, employment and/or duties of the Town Manager. 16b. Section 551.087. To deliberate regarding Economic Development Negotiations regarding property located north of Highway 380, east of 1385, south of Frontier and west of Custer Road. 16c. 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 regarding legal issues relating to past and pending public information requests and other legal issues related thereto. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 18. 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, TRMC Town Secretary Date Notice Posted Date Notice 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) 569-1011. BRAILLE IS NOT AVAILABLE.