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09.10.2013 Town Council Agenda Page 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. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meetings. (RB)  Regular Meeting – August 27, 2013  Special Called Meeting – August 29, 2013 4b. Consider and act upon Ordinance No. 13-47, rezoning 0.5± acre, located on the north side of First Street, 200± feet west of Craig Road (705 E. First Street) from Single Family-15 (SF-15) to Downtown Office (DTO). (Z13-0012). (CC) 4c. Consider and act upon adopting the FY 2013-2014 Prosper Economic Development Corporation budget. (RW) 4d. Receive the monthly Financial Reports for June 2013. (HJ) 5. 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 “Speaker Request 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.) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, September 10, 2013 Meeting begins at 6:00 p.m. Page 2 of 3 PUBLIC HEARINGS: 6. Conduct a Public Hearing, and consider and act upon a request to rezone 5.0± acres, located on the west side of Preston Road, 400± feet north of Broadway Street, from Commercial (C) to Planned Development-Retail (PD-R). (Z13-0013). (CC) 7. Conduct a Public Hearing, and consider and act upon a request to rezone 135.0± acres, located on the west side of Preston Road, 1,200± feet south of Frontier Parkway, from Agricultural (A) to 127.0± acres of Single Family-12.5 (SF-12.5) and 8.0± acres of Office (O). (Z13-0014). (CC) 8. Conduct a Public Hearing to consider and discuss the FY 2013-2014 Budget, as proposed. (HJ) 9. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 12.29 percent. (HJ) 10. Conduct a Public Hearing, and consider and act upon Ordinance No. 13-48, 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. (Z13-0010). (CC) DEPARTMENT ITEMS: 11. Consider and act upon approving an office lease for municipal offices between MSW Prosper 380, LP, and the Town of Prosper; and authorizing the Town Manager to execute same on behalf of the Town. (HJ) 12. 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: 12a. Section 551.087. To discuss and consider economic development incentives. 12b. Section 551.072. To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 12c. Section 551.074. To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment, and Construction Board of Appeals. 12d. Section 551.071. Consultation with the Town Attorney regarding legal issues associated with proposed amendments to the Town’s zoning ordinance relative to Texas Alcoholic Beverage Code regulations, and all matters incident and related thereto. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 3 of 3 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 15. 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, 121 W. Broadway Street, 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: On September 6, 2013, at 6:30 p.m. and remained so posted at least 72 hours before said meeting was convened. ________________________________________ ____________________ Robyn Battle, Town Secretary Date Noticed Removed 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.