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01.22.2013 Town Council AgendaPage 1 of 3 ] 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 upcoming events. 4. Present a Certificate of Recognition to the recipient of the 461st Single Family Home Building Permit issued in 2012, a new annual record for the Town of Prosper. (WS) 5. 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.) 5a. Consider and act upon minutes from the following Council meeting(s) (AP) • Regular Meeting – January 8, 2013 5b. Consider and act upon Ordinance No. 13-02, rezoning 10.5± acres, located on the north side of Prosper Trail, 2,500± feet west of Dallas Parkway, from Single Family-15 to Planned Development-Single Family-10 (PD-SF-10). (Z12-0008) (CC) 5c. Consider and act upon Ordinance No. 13-03, rezoning 5.1± acres, located on the southeast corner of Fishtrap Road and Good Hope Road, from Agricultural (A) to Single Family-10 (SF-10). (Z12-0010) (CC) 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 Comments Form” and present it to the Town Secretary prior to the meeting.) Other Comments by the Public - REGULAR AGENDA: AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 22, 2013 Meeting begins at 6:00 p.m. Page 2 of 3 (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 HEARING: 7. A public hearing 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). (CC) (Continued Public Hearing from the January 8, 2013 Council Meeting.) 8. Conduct a public hearing for the designation of Tax Increment Financing Reinvestment Zone, Number Two Town of Prosper. (LD) (Continued Public Hearing from the December 19, 2012 Joint Council & Prosper Economic Development Corporation Meeting.) DEPARTMENT ITEMS: 9. Consider and take action to approve Ordinance No. 13-04 designating a Tax Increment Financing Reinvestment Zone, Number Two Town of Prosper. (LD) 10. 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; 10a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. 10b. Section 551.071(2). Consultation with Town Attorney regarding Tax Increment Reinvestment Zone Number Two, Town of Prosper. 10c. 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; (ii) Agreement for the Reduction of the ETJ of the Town of Prosper, by and between the Town and Comanche Land Partners, Ltd., Page 3 of 3 generally located west of FM 1385 and north of Fishtrap Road, and containing 100.582± acres of land; (iii) Agreement for the Reduction of the ETJ of the Town of Prosper, by and between the Town and Comanche Land Partners, Ltd., generally located west of FM 1385 and north of Fishtrap Road, and containing 9.257± acres of land; and (iv) Case 4:12-cv-00789-RAS-DDB; David Lightfoot vs. Town of Prosper, Kirk McFarlin, Gary McHone and Amy Bockes. 11. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 13. 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 on the following date and time: By __________________________ at 4:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ________________________________ Amy Piukana, TRMC Town Secretary If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town should be held or is required, then such closed or executive meeting or session or consultation with the attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq., will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code: §551.071 - Consultation with the attorney/special counsel for the Town. §551.072 - Discussion regarding the purchase, exchange, lease or value of real property. §551.074 - Discussion regarding personnel matters. NOTICE Pursuant to Town of Prosper Ordinance Number 07-04, 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. 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.