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06.08.2010 Town Council Minutes1. Call to Order / Roll Call. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, June 8, 2010 at 6:00 p.m. The meeting was called to order at 6:01 p.m. Roll call was taken by Mavor Smith. Council present included: Mayor Ray Smith, Deputy Mayor Pro -Tem Kenneth Dugger, David Vestal, Dannv Wilson, and Jason Dixon. Staff present included: Mike Land, Town Manager, Hulon Webb, Director of Development Services, Chris Copple, Senior Planner, Matthew Garrett, Finance Director, Linda Shaw, Town Librarian, and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Randy Chapman, Rhea's Mill Baptist Church Mayor Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • May 25, 2010 — Town Council Meeting • June 1, 2010 — Special Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon 1) a Second Amendment to Developer's Agreement between PDC 380 Prosper, Ltd.; Mustang -Midway Ltd.; Hunter 380 Prosper, LP; Western Rim Investors 2007- 3, L.P.; Western Rim Investors 2007-4, L.P.; Shaddock Developers, Ltd.; MF VII Prosper 41, LP; 380 Commons, Ltd.; MF III Prosper Commons; Prosper Ventures Partners; Virginia Ridge Properties, Ltd.; Pinewood Woods, LP; and the Town of Prosper related to the La Cima Development and 2) a resolution authorizing the Town Manager to execute the same. (HW) C. Consider and act upon 1) a Third Amendment to Developer's Agreement between Western Rim Investors 2007-3, L.P.; Hunter 380 Prosper, LP; and the Town of Prosper related to the La Cima Development and 2) a resolution authorizing the Town Manager to execute the same. (HW) Page 1 of 3 d. Consider and act upon 1) a Fourth Amendment to Developer's Agreement between PDC 380 Prosper, Ltd.; Mustang -Midway Plano Ltd.; and the Town of Prosper related to the La Cima Development and 2) a resolution authorizing the Town Manager to execute the same. (HW) Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to approve the consent agenda. Motion approved -0. CITIZEN'S COMMENTS 5. Other Comments by the Public. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 113.0± acres, located on the north side of U.S. 380, 2,500± feet west of Dallas Parkway, from Agricultural (A) to Planned Development -Commercial Corridor/Commercial (PD-CC/Q. (Z10-0003). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Councilmember Wilson, seconded by Councilmember Dixon to open the public hearing. Motion approved -0. Mayor Smith opened the public hearing at 6:13 p.m. Matt Robinson, owner representative, spoke in favor of the rezoning and answered questions for council. Motioned by Councilmember Vestal, seconded by Councilmember Dixon to close the public hearing. Motion approved -0. Mayor Smith closed the public hearing at 6:15 p.m. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to approve the request to rezone 113.0± acres, located on the north side of U.S. 380, 2,00± feet west of Dallas Parkway, from Agricultural (A) to Planned Development -Commercial Corridor/Commercial (PD-CC/Q. (Z 10-0003) Motion approved -0. DEPARTMENT ITEMS 7. Receive an update on the Community Library. (LS) Linda Shaw, Town Librarian, gave a report on the Community Library activity. EXECUTIVE SESSION 8. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to wit: Section 551.074 to deliberate regarding personnel matters. Motioned by Councilmember Vestal, seconded by Councilmember Dixon to recess into closed session. Motion approved -0. Page 2 of 3 Council recessed into closed session at 6:33 p.m. 9. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to reconvene into regular session. Motion approved -0. Council reconvened into regular session at 6:54 p.m. Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to approve an interlocal agreement between the Town of Prosper and the Prosper Economic Development Corporation for Personnel Serves as presented except changing section 3 to read one thousand and no/100 dollars ($1000.00) instead of two thousand five hundred and no/100 dollars ($200.00). Motion approved -0. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council requested an appointment to the Planning and Zoning Commission to fill the place vacated by Councilmember Dixon's election to the council be placed on the next agenda. 11. Adjourn. Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to adjourn. Motion approved -0. The meeting was adjourned at 6:56 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Page 3 of 3 Ray Smith, Mayor