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04.27.2010 Town Council Minutes1. Call to Order / Roll Call. The meeting was called to order at 6:01 p.m. Roll call was taken by Mavor Pro -Tem Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 27, 2010 at 6:00 p.m. Council present included: Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem Kenneth Dugger, Dave Turley, David Vestal, and Meigs Miller. Staff present included: Mike Land, Town Manager, Hulon Webb, Director of Development Services; Dan Tolleson, Executive Director of Economic Development, Chris Copple, Senior Planner, Matthew Garrett, Finance Director, and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Reverend Michael Gilton, St. Paul's Episcopal Church of Prosper. Mayor Pro -Tem Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Mike Land, Town Manager, announced Thursday, May 6th, is National Day of Prayer, and would be held at the Prestonwood Youth Building on Broadway Street. Mike Land also announced May 15th would be a serve Prosper Event. Matthew Denton, Town Secretary, announced early voting for the May 8, 2010 Election was being held at the Municipal Chambers until May 4,2010. PRESENTATIONS 4. Introduction of Denton County Commissioner for Precinct 1, Hugh Coleman, as Commissioner for Prosper. Commissioner Coleman introduced himself and discussed some of the projects in the works for the Denton County portion of Prosper. 5. Proclamation celebrating Minnie Sterling's 100th birthday. Mayor Pro -Tem Smith presented a proclamation to Minnie Sterling for her 100th birthday. 10. Presentation from Al Weir, Weir Brothers Construction, regarding Prosper Trail Construction. Al Weir, Weir Brother's Construction, answered questions regarding the status of the Prosper Trail construction project. Page 1 of 4 CONSENT AGENDA 6. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • April 13, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) C. Consider and act on a Chapter 380 Agreement between the Town of Prosper and the Prosper Economic Development Corporation for the reconstruction of a portion of Broadway St. (ML) FINANCIALS d. Consider and act upon the financial statements ending March 31, 2010. (MG) e. Consider and act upon the Quarterly investment portfolio ending March 31, 2010. (MG) Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to approve the consent agenda. Motion approved -0. CITIZEN'S COMMENTS 7. Other Comments by the Public. Roger Flood, gave an update on the Community Library. REGULAR AGENDA PUBLIC HEARINGS 8. Presentation of service plan and first public hearing to consider the involuntary annexation of a 240.51± acre tract of land located on the northeast corner of U.S. 380 and Teel Parkway, a 70.132± acre tract of land located on the north side of Fishtrap Road, 1,700± feet west of Legacy Drive, a 377.145± acre tract of land located west Legacy Drive and south of Parvin Road, a 5.149± acre tract of land located on the southeast corner of Fishtrap Road and Good Hope Road, a 0.538± acre tract of land located 500± feet south of Fishtrap Road, 1,300± feet west of Gee Road, a 1.346± acre tract of land located on the north side of U.S. 380, 1,500± feet west of Gee Road, a 0.785± acre tract of land located 800± feet north of U.S. 380, 2,300± feet west of Gee Road, a 51.539± acre tract of land located on the east side of FM 1385, 800± feet north of U.S. 380, and a 836.574± acre tract of land located on the east side of FM 1385, south of Parvin Road and west of Good Hope Road. (CC) Page 2 of 4 Chris Copple, Senior Planner, gave council background information on this item. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to open the public hearing. Motion approved -0. Mayor Pro -Tem Smith opened the public hearing at 6:30 p.m. Trent Lewis, 121 N. Legacy Drive, Prosper, spoke in favor of the annexations. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to close the public hearing. Motion approved -0. Mayor Pro -Tem Smith closed the public hearing at 6:33 p.m. 9. A public hearing to consider and act upon a request to rezone 18.7± acres, located on the southeast corner of Coit Road and First Street, from Single Family -15 (SF -15) to Planned Development -Retail (PD -R). (Z08-17). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing. Motion approved -0. Mayor Pro -Tem Smith opened the public hearing at 6:41 p.m. Gina Davis, 172 Townlake Drive, spoke against the requested rezone. Mike McClung, 1400 Cedar Springs, spoke against the requested rezone. Rusty Sexton, 360 Equestrian Way, spoke in favor of the requested rezone. Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing. Motion approved -0. Motioned by Councilmember Turley, seconded by Councilmember Miller to deny the request to rezone 18.7± acres, located on the southeast corner of Coit Road and First Street, from Single Family -15 (SF -15) to Planned Development -Retail (PD -R). (Z08-17) Motion approved -0. DEPARTMENT ITEMS 11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 12. Adjourn. Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to adjourn. Motion approved -0. Page 3 of 4 The meeting was adjourned at 6:55 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Page 4 of 4 Rav Smith, Magor Pro -Tem