20160913Town of ProsperTown Council MeetingSeptember 13, 2016“a place where everyone matters”
Town of ProsperAgenda Item 1.Call to Order/Roll Call.“a place where everyone matters”
Town of ProsperAgenda Item 2.Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.“a place where everyone matters”
Town of ProsperPledge to the Texas FlagHonor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.“a place where everyone matters”
Town of ProsperAgenda Item 3.Announcements of recent and upcoming events.“a place where everyone matters”
Town of ProsperAgenda Item 4.PresentationPresentation of a Proclamation to members of the PrestonRidge Chapter of the Daughters of the AmericanRevolution declaring September 17 - 23, 2016, asConstitution Week.(RB)“a place where everyone matters”
Town of ProsperAgenda Item 4.PresentationPresentation of the “Fit-Friendly Worksite GoldAchievement Award” to the Town of Prosper byrepresentatives from the American Heart Association.(BR)“a place where everyone matters”
Town of ProsperAgenda Item 5.Consent AgendaItems placed on the Consent Agenda are consideredroutine in nature and non-controversial. The ConsentAgenda can be acted upon in one motion. Items may beremoved from the Consent Agenda by the request ofCouncil Members or staff.“a place where everyone matters”
Town of ProsperAgenda Items 5a. – 5b.5a.Consider and act upon minutes from the followingTown Council meetings.(RB)•Regular Meeting –August 23, 20165b.Receive the July 2016 Financial Report.(BP)“a place where everyone matters”
Town of ProsperAgenda Item 5c – 5d.5c.Consider and act upon the appointment of aMunicipal Judge, and authorize the Mayor toexecute an agreement for same.(RB)5d.Consider and act upon awarding RFP No.2016-64-A to McConnell & Jones LLP,related to financial audit services; andauthorizing the Town Manager to executethe engagement letter for same.(JC)“a place where everyone matters”
Town of ProsperAgenda Item 6. Citizen’s CommentsThe public is invited to address the Council on any topic.However, the Council is unable to discuss or take actionon any topic not listed on this agenda. Please complete a“Public Meeting Appearance Card” and present it to theTown Secretary prior to the meeting.“a place where everyone matters”
Town of ProsperAgenda Item 7. Conduct a Public Hearing and consider and act upon anordinance rezoning 0.5± acre, located at 704 E. FirstStreet, 215± feet west of Craig Road, from SingleFamily-15 (SF-15) to Downtown Office (DTO). (Z16-0015).(JW)“a place where everyone matters”
Town of ProsperAgenda Item 8. Conduct a Public Hearing and consider and act upon anordinance amending Chapter 3, Permitted Uses andDefinitions of the Zoning Ordinance regarding variancesfor distance requirements for Alcoholic Beverages.(Z16-0017).(JW)“a place where everyone matters”
Town of ProsperAgenda Item 9. Conduct a Public Hearing to consider and discuss theFY 2016-2017 Budget, as proposed.(HJ)“a place where everyone matters”
Town of ProsperAgenda Item 10. Conduct a Public Hearing to consider and discuss aproposal to increase total tax revenues from properties onthe tax roll in the preceding tax year by 8.6 percent.(HJ)“a place where everyone matters”
Town of ProsperAgenda Item 11. Consider and act upon an ordinance amending Section 4.02,“Alcoholic Beverages,” of Chapter 4, “Business Regulations,”of the Town’s Code of Ordinances by establishing a processfor considering a variance to the distance requirementbetween establishments which sell alcoholic beverages andhospitals, schools, and churches; and amending Appendix A,“Fee Schedule,” of the Town’s Code of Ordinances byestablishing an application fee for the consideration of avariance to the distance requirements between establishmentswhich sell alcoholic beverages and hospitals, schools, andchurches. (MD16-0011)(JW)“a place where everyone matters”
Town of Prosper•Formal Application•Schedule Date of Council Consideration•Notice of Council Meeting Provided to “Protected Use”•Is the Distance Requirement:•Not in the best interest of the public•Waste or inefficient use of land•Undue hardship on the applicant•Does not serve intended purpose•Not effective or necessary•Council May Impose Additional, Reasonable Conditions•The Variance is Valid for Future Renewals but Cannot be Transferred to Another Location“a place where everyone matters”
Town of ProsperAgenda Item 12. Consider and act upon approving the peaking factor touse in developing the Water System Capital ImprovementPlan in the 2016 Impact Fee/CIP update.(HW)“a place where everyone matters”
Town of ProsperAgenda Item 13. Consider and act upon authorizing the Town Manager toexecute a Professional Engineering Services Agreementbetween Weir and Associates, Inc., and the Town ofProsper, Texas, related to the Downtown Enhancements(Broadway) project.(MB)“a place where everyone matters”
Downtown Enhancements (Broadway)BROADWAY
Town of ProsperAgenda Item 14.Executive SessionRecess into Closed Session in compliance with Section551.001 et seq. Texas Government Code, asauthorized by the Texas Open Meetings Act, todeliberate regarding:14a.Section 551.087 – To discuss and consider economic development incentives.“a place where everyone matters”
Town of ProsperAgenda Item 14.Executive SessionRecess into Closed Session in compliance with Section551.001 et seq. Texas Government Code, asauthorized by the Texas Open Meetings Act, todeliberate regarding:14b.Section 551.072 – To discuss and considerpurchase, exchange, lease or value of real propertyfor municipal purposes and all matters incident andrelated thereto.“a place where everyone matters”
Town of ProsperAgenda Item 14.Executive SessionRecess into Closed Session in compliance with Section551.001 et seq. Texas Government Code, as authorized bythe Texas Open MeetingsAct, to deliberate regarding:14c.Section 551.074 – To discuss appointments tothe Board of Adjustment/Construction Board ofAppeals, Parks & Recreation Board, LibraryBoard, Prosper Economic DevelopmentCorporation Board, and Planning & ZoningCommission.“a place where everyone matters”
Town of ProsperAgenda Item 15.Reconvene in Regular Session and take any actionnecessary as a result of the Closed Session.“a place where everyone matters”
Town of ProsperAgenda Item 16.Possibly direct Town staff to schedule topic(s) for discussionat a future meeting.•Fire Station No. 2 Update.(RT)•CharterAmendment Update.(RB)“a place where everyone matters”
Town of ProsperCharter Amendment UpdateCharter Review Commission•Appointed June 14•Five meetings; completed review onAug. 24•Recommendations condensed into 10Propositions“a place where everyone matters”
Town of ProsperProposition No. 1Shall the Town Charter be amended throughout tocorrect non-substantive errors such asmisspellings, punctuation, grammar and sentencestructure; provide non-substantive clarificationsand include better descriptive language of thematters addressed in the Charter; conform notice,publication and election requirements to state law;and revise references to repealed or obsoleteprovisions of the Town Charter, state or federallaw?“a place where everyone matters”
Town of ProsperProposition No. 2Shall Section 3.02 of the Town Charter,entitled “Limitations on Terms,” berepealed?“a place where everyone matters”
Town of ProsperProposition No. 3Shall Section 3.04 of the Town Charter,entitled “Compensation,” be amended toprovide that Town Councilmembers shall beentitled to reimbursement for actualreasonable expenses incurred in theperformance of official duties for the Town?“a place where everyone matters”
Town of ProsperProposition No. 4Shall Section 3.06 of the Town Charter,entitled “Vacancies, Forfeiture and Filling ofVacancies,” be amended to provide thatvacancies on the Town Council shall be filledby election; however, if there is a vacancy onTown Council for a position with twelve (12)or fewer months remaining in the term, theTown Council may fill the vacancy byappointment?“a place where everyone matters”
Town of ProsperProposition No. 5Shall Section 3.12 of the Town Charter,entitled “Abstention,” and Section 9.03 of theTown Charter, entitled “Procedure,” beamended to provide that any abstentionfrom voting by a Town Councilmember orPlanning and Zoning Commissioner,respectively, should be recorded in theofficial minutes of the meeting as anabstention?“a place where everyone matters”
Town of ProsperProposition No. 6Shall Section 5.02 of the Town Charter, entitled“Filing for Office,” be amended to provide that(A) only registered voters for at least twelve (12)months immediately preceding the filing datemay file to become a candidate for TownCouncil; (B) only Town residents who haveresided within the Town for at least twelve (12)months immediately preceding the filing datemay file to become a candidate for TownCouncil; and (C) if any board or commissionmember appointed by the Town Councilbecomes a candidate for election to the TownCouncil, he immediately shall forfeit the boardor commission position with the Town?“a place where everyone matters”
Town of ProsperProposition No. 7Shall Section 5.05 of the Town Charter,entitled “Taking of Office,” be amended toprovide that new Town Councilmembersshall be sworn into office at the next meetingfollowing the declaration of the results of theelection?“a place where everyone matters”
Town of ProsperProposition No. 8Shall Section 7.06 of the Town Charter,entitled “Proceeding on Adoption ofBudget,” be amended to provide that theTown budget shall be adopted prior to thebeginning of the next fiscal year?“a place where everyone matters”
Town of ProsperProposition No. 9Shall Section 8.01 of the Town Charter,entitled “Authority, Composition andProcedures,” be amended to provide that (A)board and commission members may bereimbursed for actual reasonable expensesincurred in the performance of officialduties; and (B) all board and commissionmeeting minutes shall be kept by the Townand that written reports are not required tobe submitted to the Town Council withinthree (3) weeks?“a place where everyone matters”
Town of ProsperProposition No. 10Shall Section 9.05 of the Town Charter,entitled “Board of Adjustment,” be repealed?“a place where everyone matters”
Town of ProsperCharter Amendment UpdateNext Steps:•Discussion/Direction from Council•September 27 Town Council MeetingFull PresentationCharter Info. on WebsiteMedia Release•February 14 Town Council MeetingAdopt Ordinance & Call Election•May 6, 2017: Election Day“a place where everyone matters”
Town of ProsperAgenda Item 17.Adjourn.“a place where everyone matters”