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04.28.2004 Town Council MinutesIPT)OWInn Of Prosper 1. Call to Order f Roll Call. Minutes (approved) Regular Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Wednesday, April 28, 2004 7:00 p.m. Meeting was called to order at 7:07 p.m. Rall call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Ane Casady, Lisa Dritschler and Russell Kaker. Karie Dalton was absent. Staff present included: Town Administrator, Doug Mousel; Town Secretary, Shanae Jennings; Director of Planning, Mitch Humble CONSENT AGENDA 2. Approval of Consent Agenda. litems 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.) MINUTES a. Consider and act upon the following minutes from past Council meetings: (SJ) • April 12, 2404 Joint Meeting of the Prosper ISD and the Prosper Town Council • April 13, 2004 Regular Meeting • April 20, 2004 Work Session ORDINANCES b. Consider and act upon an ordinance amending Zoning Ordinance No. 84.16 regarding regulations for the sale of beer and wine for off-site consumption (Z03-5). (MH) c. Consider and act upon an ordinance amending Zoning Ordinance No. 8416 rezoning 31.4± acres located at the southeast comer of Parvin Road and F.M. 1385 from Single Family -1 to Retail (Z04-1). (MH) d. Consider and act upon an ordinance amending Zoning Ordinance No. 8416 rezoning 158.0# acres located at the northwest comer of U.S. 380 and S.H. 289 from Single Family -1 to Planned Development -Retail (2042). (MH) PLATS AND SITE PLANS e. Consider and act upon approval of a preliminary plat for the Cedar Ridge Estates, being 107 single family lots on 37.8± acres located at the northeast corner of C.R. 78 and C.R. 77 (D04.9). (MH) L Consider and act upon approval of a site plan and final plat for the Prosper Town Center, Block A, Lot 1, being a drive-in restaurant (Sonic) on one lot on 1.1 t acre on the east side of S. H. 289, 200± feet north of F.M. 1193 (D04 7). (MH) Page I of g. Consider and act upon approval of a final plat for the Preston 48 Addition, being six commercial lots on 9.1t acres located at the southwest corner of S.H. 289 and C,R. 48 (1304-4). (MH) FINAL ACCEPTANCE h. Consider and act upon a request for final acceptance of Gentle Creek, Phase 4. (MH) i. Consider and act upon a request for final acceptance of Whispering Farms, Phase 1. (MH) Mitch Humble suggested pulling item 2e and 2i from the consent agenda. Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to remove items 2e and 2i from the consent agenda, and approve the remainder of the consent agenda subject to recommendations by staff. Motion approved 4-0. Mitch suggested that item 2e be removed to discuss the potential for amending the existing planned development of the property and to get Council direction on the requested amendment. Applicants desire is to increase the maximum lot number from 107 to 109, and staffs desire is to increase the screening requirements for lots backing to major thoroughfares. Chris Jones, 830 N. Central Expressway spoke for the applicant stating they are agreeable to this. Motioned by Lisa Dritschler, seconded by Mayor Pro -Tem Michael Perry to approve the preliminary plat subject to staff recommendations and approval by the Parks and Recreation board. Motion approved 4-0. Mitch Humble suggested removing item 2i because staff report contained several conditions for approval. However, between the time packets were delivered and the Council meeting occurred applicant completed all conditions; therefore, approval is recommended as submitted. Motioned by Lisa Dritschler, seconded by Russell Kaker to accept final acceptance of Whispering Farms, Phase 1 as submitted. Motion approved 4-0. PUBLIC COMMENTS 3. Comments from the Public - 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. There were no public comments tonight. REGULAR AGENDA PUBLIC HEARINGS AND ASSOCIATED ORDINANCES 4. Public Hearing to consider and act upon a request to rezone 2,110.9t acres located at the northwest corner of U.S. 380 and Fields Road from Single Family -1 to Planned Development -Mixed Use (Z04-6). Tabled 4113104. (MH) The Mahard's have requested in writing that their annexation and zoning applications be withdrawn; therefore, items 4-10 on the agenda were removed and not acted upon. 5. Consider and act upon a Chapter 380 Partnership Agreement between the Town of Prosper, Ernest Mahard, Jr. and Mahard Egg Farms Inc. and a Resolution authorizing the Mayor to execute the Agreement. (DM) The Mahard's have requested in writing that their annexation and zoning applications be withdrawn; therefore, items 4-10 on the agenda were removed and not acted upon. 6. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the A. Roberts Surrey, Abstract No. 1115, Denton County, Texas, containing approximately 168.06 acres of land, and being more Pagc 2 of 9 generally located at the south side of Parvin Road, approximately 4,650 feet east of Goodhope Road. (A 2084-16, Mahard {a)) (SJ) The Mahard's have requested in writing that their annexation and zoning applications be withdrawn; therefore, items 4-10 on the agenda were removed and not acted upon. 7. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the A. Roberts Survey, Abstract No. 1115; B.L. Rue Survey, Abstract No. 1113; L. Netherly Survey, Abstract No. 962; T. Button Survey, Abstract No. 88; M.E.P. & P.R.R. Survey, Abstract No, 1476; and C. L. Smith Survey, Abstract No, 1681, Denton, Texas, containing approximately 556.28 acres of land, and being more generally located at the northwest corner of f=ields road and US 380. (A 2084-17, Mahard {b)) (SJ) The Mahard's have requested in writing that their annexation and zoning applications be withdrawn; therefore, items 4-10 on the agenda were removed and not acted upon. 8. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the B. L. Rue Survey, Abstract No. 1113; M.E.P & P.R.R. Survey, Abstract No. 1476; C. L. Smith Survey, Abstract No. 1681; J. P. Bates Survey, Abstract No. 1620; R. Yates Survey, Abstract No. 1538, and L. Netherly Survey, Abstract No. 962, Denton, Texas, containing approximately 657.21 acres of land, and being more generally located at the southeast corner of Parvin Road and Goodhope Road. (A 2804-18, Mahard (c)) (SJ) The Mahard's have requested in writing that their annexation and zoning applications be withdrawn; therefore, items 4-10 on the agenda were removed and not acted upon. 9. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the J. Sailing Survey, Abstract No. 1675; P. Barnes Survey, Abstract No. 79; A. Jamison Survey, Abstract No. 672; J. Morton Survey, Abstract No. 793; L. Rue Survey, Abstract No. 1110; P. Rue Survey, Abstract No. 1555; R. Yates Survey, Abstract No. 1538; H. Sailing Survey, Abstract No. 1628; J. Teter Survey, Abstract No. 1262, Denton County, Texas, containing approximately 542.42 acres of land and being more generally located at the northeast corner of Gee Road and US 380. (A 2804-19, Mahard (d)) (SJ) The Mahard's have requested in writing that their annexation and zoning applications be withdrawn; therefore, items 4-10 on the agenda were removed and not acted upon. 18. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the P. Barnes Survey, Abstract No. 79; B.R. Hodges Survey, Abstract No. 593; A. Jamison Survey, Abstract No. 672; B. Weedon Survey, Abstract No. 1369; J. Morton Survey, Abstract No. 793; L. Rue Survey, Abstract No. 1118; H. Sailing Survey, Abstract No. 1628, Denton County, Texas, containing approximately 186.91 acres of land and being more generally located at the north side of US 380, 3,400 feet west of Gee Road. (A 2084-20, Mahard {e)) (SJ) The Mahard's have requested in writing that their annexation and zoning applications be withdrawn; therefore, items 4-10 on the agenda were removed and not acted upon. 11. Public hearing to consider and act upon a request to rezone 702.2± acres located at the northwest corner of U.S. 380 and the Denton/Collin County line from Single Family -1 to Planned Development -Mixed Use (Z04-7). Tabled 4113104. (MH) Mitch stated that there is a need to move forward tonight with the zoning of this property because it is time pressing if the annexations are to be accepted by the 90 day deadline. Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7.29 p.m. Page 3 of 9 Craig Curry, 10950 Research Road stated that they have made adjustments they believe the Council will be open to. He agrees that everyone is down to the wire on this zoning in order to get the annexation approved tonight. While discussing the Business Park area of the property, Mr. Curry stated they would be willing to put a cap on the single family for the Business Park if Council were to approve the zoning. Mayor Pro -Tem Michael Perry stated that he would prefer to not have single family in that area at all. Lisa Dritschler stated concern about the number of single family lots that are being projected in the area. Mr. Curry thinks if you don't have single family you are going to have too much commercial in the Business Park. Lisa Dritschler asked what kind of cap they would be willing to give, and at this point he doesn't know. He stated off the top of his head he would consider a cap of 380. Mayor Pro -Tem Michael Perry believes both parties have worked on this in good faith but that both parties don't appear to be in agreement with the zoning. He hopes they will move forward with their annexation without the zoning. Lisa Dritschler asked if they had masonry requirements spelled out in the plan, and Mr. Curry said yes. She also asked if the landscape buffer was in compliance with our current ordinance, and Mitch Humble stated that it was. Robert Bell, 5300 Myrimar Lane, Coileyville, TX owns 155 acres in the Reynolds tract. He would like to see this property annexed so that they can go ahead and develop on the Reynolds property. Motioned by Russell Kaker, seconded by Ane Casady to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:53 p.m. Motioned by Lisa Dritschler, seconded by Russell Kaker approve the rezoning of 702.2± acres located at the northwest corner of U.S. 380 and the Denton/Collin County line from Single Family -1 to Planned Development -Mixed Use, subject to staff comments as well as capping single family units in the Business Park with minimum lot size of 7,500 square feet and a cap of 300 units. Motion approved 3-2. Russell Kaker and Lisa Dritschler voted in favor of the motion. Ane Casady and Mayor Pro - Tem Michael Perry voted against the motion. Mayor Charles Niswanger broke the tie and voted for the zoning. Motioned. by Lisa Dritschler, seconded by Russell Kaker to amend the motion made above, subject to acceptance of the annexation ordinance. Motion approved 3-2. 12. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the L. Netherly Survey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 162.39 acres of land, and being more generally located at the northwest corner of US 380 and County Line Road. (A 2004-12, West Prosper, Beall, Rudman, (A)) (SJ) Motioned by Russell Kaker, seconded by Lisa Dritschler to approve the voluntary annexation of a tract of land located in the L. Netherly Survey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 162.39 acres of land, and being more generally located at the northwest corner of US 384 and County Line Road. Motion approved 4-0. 13. Consider and act upon an. Ordinance for the voluntary annexation of a tract of land located in the L. Netherly Survey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581, Denton ItCounty, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 357.10 acres of land, and being more generally located at the north side of US 380, approximately 690 feet west of County Line Road. (A 2004.13, West Prosper, Beall, Rudman, {B)) (SJ) Motioned by Lisa Dritschler, seconded by Russell Kaker to approve the voluntary annexation of a tract of land located in the L. Netherly Surrey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 357.10 acres of Page 4 of 9 land, and being more generally located at the north side of US 380, approximately 690 feet west of County Line Road. Motion approved 4-0. 14. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the L. Netherly Survey, Abstract No. 962, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, containing 182.65 acres of land, and being more generally located at the south side of Fishtrap Road, approximately 2,120 feet west of County Line Road. (A 2004-14, The Rudman Partnership) (SJ) Motioned by Russell Kaker, seconded by Lisa Dritschler to approve the voluntary annexation of a tract of land located in the L. Netherly Survey, Abstract No. 962, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, containing 182.66 acres of land, and being more generally located at the south side of Fishtrap Road, approximately 2,120 feet west of County Line Road. Motion approved 4-0. Motioned by Russell baker, seconded by Lisa Dritschler to deviate from the agenda order since the Town Attorney is present and move to item number 27 in order to recess into executive session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit Section 551.071, consultation with the Town Attorney, as well as discussion of item 24. Motion approved 4.0. Council recessed into executive session at 8:27 p.m. 15. 2nd Public Hearing to consider the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 40.066 acres of land, and being more generally located at the west side of CR 49, approximately 2,800 feet south of CR 5.. (A 2004-21, Nathwani) (SJ) Motioned by Russeli Kaker, seconded by Mayor Pro -Tem Michael Perry to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 9: 14 p.m. There was no discussion on this public hearing. Motioned by Russell Kaker, seconded by Mayor Pro -Tem Michael Perry to close the public hearing. Motion approved 4-0. Mayor Chades Niswanger closed the public hearing at 9:15 p.m. 16. Public Hearing to consider and act upon a request to rezone 150.0± acres located at the southeast corner of S.H. 289 and F.M.1461 from Single Family -1 to Planned Development-Retail/Single family -1 (Z04-5). Tabled 4113104. (MH) Mitch stated that there was 20% opposition of residential owners to the zoning of this property, which means that in order to pass the zoning a supermajority of the council, which in our case would be a vote of 4 out of 5 members, must vote in favor of it. Motioned by Russell Kaker, seconded by Ane Casady to open the public hearing. Motion approved 4.0. Mayor Charles Niswanger opened the public hearing at 9:20 p.m. Ocie Vest, 3131 McKinney Ave. Dallas, TX represents the owner. He stated that they agreed to bump lots up from 15,000 to 20,040 square feet knowing that the residential owners around them wanted acre lots at the minimum. They set up two meetings to meet with property owners. He believes that a 20,000 square foot lot as a buffer lot would be fair, setbacks would go from 15 feet to 30 feet, and they would agree to plant a decorative iron fence around the area so that it would be more green and inviting. Mr. Vest thought that he and the residents had come to a compromise regarding what they all wanted earlier last week, but since then he has heard from some of the homeowners and they are now wanting the lot sizes to be increased above what was agreed upon. He wants to be cooperative with the 'homeowners, but he is not as open to some of the suggestions and requests being offered at this point. Bill Martin, 1591 Post Oak Court, Prosper, TX said that BlueStar developers were very gracious to come to their homes to meet with the homeowners and try to come to a compromise on the zoning. He stated there are five main areas that are of concern to the homeowners: 1) They'd like the existing tree line along the eastern boundary of the parcel to not be disturbed. 2) That the single row of lots adjacent to the eastern border of the parcel each have a minimum 30,000 square foot area. Page 5 of 9 3) Allow continuity between the neighborhoods, more specifically they would like no sidewalks, curbs or driveways to be installed on the Post Oak Court street side of the two easternmost lots on Post Oak Ct. 4) That the street off Post Oak Court will not directly connect to either SH 289 or FM 1461. 5) They would like a six-foot high ornamental wrought iron metal fence. Scott Ryan, 1590 Post Oak Court, Prosper, TX said his main concern is the transition from the community they now have with wide open spaces to a community that is surrounded by smaller lots. They would be happy if there are 30,000 square foot lots on the easternmost row. Jim Rock, 1551 Cedar Bend Court, Prosper, TX stated that the homeowners and developer have come a long way through meeting with them and that the last sticking point is 30,000 square foot lots along the eastern border. If they can agree on this, then he believes that the homeowners and developer are in good shape to move forward in support of Blue Stars proposal. Dave Williams, 1821 Gentle Way, Prosper, TX doesn't live in Highland Meadows, but he does own and is trying to market property adjacent to this subdivision. He is a builder in Highland Meadows and most of these homeowners are his customers. He believes Blue Star is a quality developer that Prosper would want to be in their community; however, his only concern is that in the past two weeks since this has been proposed there has not been enough time for Blue Star to draft into words negotiations for everyone to be comfortable with. Ocie Vest stated he would support a motion to include a 30 yard setback along the eastern road, preservation of the trees, decorative metal fence and a living screen. Mayor Charles Niswanger suggested that Council table this until the applicant and community can come to a better agreement. Motioned by Russell Kaker, seconded by Mayor Pro -Tem Michael Perry to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 10:07 p.m. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to table this item until the May 11, 2004 Town Council meeting. Motion approved 4-0. 17. Public Hearing to consider and act upon a request for a variance to the minimum side yard setback requirements for a single family home at 1$91 Hidden Falls Court (VO4-1). (MH) The builder would like to preserve a tree so he is requesting to move everything over 4 feet in order to build the house. There are not many trees out in the subdivision where this house is being built. Where trees do exist they would like to keep them. Motioned by Lisa Dritschler, seconded by Mayor Pro -Tem Michael Perry to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 10:10 p.m. Dave Williams, 1821 Gentle Way, Prosper, TX is the builder and he stated this would not look out of place to do, and he is happy to answer any questions the council might have. Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to close the public hearing. Motion approved 4.0. Mayor Charles Niswanger closed the public hearing at 10:11 p.m. Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to approve a request for a variance to the minimum side yard setback requirements for a single family home at 1601 Hidden Falls Court, subject to staff recommendations and approval. Motion approved 4-0. 18. Public Hearing to consider and act upon approval of a site plan and replat for the Preston 48 Addition, Block A, Lot 1, being a retail building on one lot on 1.1± acre located on the west side of S.H. 289, 604± feet south of C.R. 48 (DG4- 5). (MH) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Cage 6 of 9 Mayor Charles Niswanger opened the public hearing at 10:12 p.m. Scott Norris, 8404 Brownstone Lane, Frisco, TX represents the applicant and is happy to answer Council's questions. Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 10:13 p.m. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to approve a site plan and replat for the Preston 48 Addition, Block A, Lot 1, being a retail building on one lot on 1.1± acre located on the west side of S.H. 289, 600± feet south of C.R. 48, subject to staff recommendations. Motion approved 4-0. 19. Public Hearing to consider and act upon approval of a site plan and replat for the Preston 48 Addition, Block A, Lot 3, being a convenience store with gas pumps and a drive-through car wash on one lot on 1.4± acre located at the southwest corner of S.H. 289 and G.R. 48 (004-6). (MH) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 10:15 p.m. Dave Turley, 660 Toledo Bin he asked if this would face 289 or would it face 48. Staff stated that it would face Preston. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 10:17 p.m. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to approve a site plan and replat for the Preston 48 Addition, Block A Lot 3, being a convenience store with gas pumps and a drive-through car wash on one lot on 1.4± acre located at the southwest corner of S.H. 289 and C.R. 48, subject to staff recommendations. Motion approved 4-0. DEPARTMENT ITEMS 20. Presentation by Carter Burgess regarding a proposal to prepare a Parks Master Plan for the Town. (MH) Phillip Neely, Representative of Carter Burgess, 7950 Neely, Dallas, TX. — He indicated they have met with the Prosper Park and Recreation Board several times. He has heard everything being asked for and suggested by Council tonight, to include green areas, open areas and a community feel. He believes the park system that is built in Prosper should bring a certain quality of life to the Town. He also believes in creating a parks system that allows the Town to go out for parks and recreation grants with the Texas Parks and Wildlife and other entities. He sees Prosper as an intimate community and would like to create a parks system with a real sense of home. Julie McCall, 777 Main Street, Fort Worth, TX is the project manager for Carter Burgess. She would form a task force in the community while going through the parks and open space master plan to ensure they are all moving in the right direction together. Andrea Thomas, National Service Research, 6300 Ridglea, Fort Worth, TX is responsible for the public input portion of the plan. She has worked with Carter Burgess for over 25 years. They do qualitative input and a quantitative survey. 21. Consider and act upon the selection of a consultant to prepare a Parks Master Plan for the Town. (MH) Council stated that though they liked Carter Burgess they are not comfortable making a selection for something as big as a Parks Master Plan without a representative of the Parks and Recreation Committee being present to offer thoughts and ideas on a consultant. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to table this item until representatives from the Parks and Recreation board can be present. Motion approved 4-0. Page 7 of 9 22. Consider and act upon a Resolution imposing additional penalty for 2003 and subsequent years delinquent taxes and authorizing an amendment to the existing services contract with Linebarger Goggan Blair & Sampson, LLP. (DM) Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to approve a resolution imposing additional penalties for 2003 and subsequent years delinquent taxes and authorize an amendment to the existing services contract with Linebarger Goggan Blair & Sampson, LLP. Motion approved 3-0. Russell Kaker lett the meeting at 10:40 p.m. 23. Discuss and provide direction to staff regarding the provision of tax assessment and collection services to the Town. (DNI) Council would like Town Administrator Doug Mousel to move forward in working on this issue. 24. Consider and act upon requests by Jobe Properties and the Stone Creek HOA for the reimbursement of funds for the payment of electric bills for street lighting. (DM) Motioned by Russell Kaker, seconded by Ane Casady to table item 24. Motion approved 3-0. 25. Consider and act upon a Agreement between the Town of Prosper and the First State Bank of Celina — Prosper Branch regarding the provision of banking services to the Town and a Resolution authorizing the Mayor to execute the Agreement. (DM) Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to approve and act upon an agreement between the Town and the First State Bank of Celina — Prosper Branch regarding the provision of banking services to the Town and a resolution authorizing the Mayor to execute the same. Motion approved 3.0. 26. Consider and act upon a Settlement Agreement between the Town of Prosper and Dan Christie regarding a nonconforming building and a Resolution authorizing the Mayor to execute the Settlement Agreement. Motioned by Ane Casady, seconded by Lisa Dritschler to approve a settlement agreement between the Town of Prosper and Dan Christie regarding a nonconforming building and a resolution authorizing the Mayor to execute the same. Motion approved 3-0. 27. Recess into Closed Session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.071. Consultation with the Town Attorney a] Regarding a settlement offer by Fishtrap Properties and Mustang Special Utility District in regards to the development of the proposed Glenbrook Estates subdivision and the issuance of a Certificate of Convenience and Necessity for a portion of Denton County. Council recessed into executive session in compliance with Section 551.001 et. Seq. Texas Government Cade, to wit: Section 551.071. Consultation with the Town Attorney at 8:27 p.m. 28. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 9:13 p.m. There was no action necessary as a result of the executive session on item 27a. 29. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM) There was no discussion regarding the recent and upcoming events of the Town Administrator and the Mayor. Pagc 8 of 9 30. Discuss and possibly direct Town Staff to place items on future agendas. No discussion occurred regarding future agenda items. 31. Adjourn. Motioned by Ane Casady, seconded by Lisa Dritschler to adjourn the meeting. Motion approved 3-0. The meeting was adjourned at 10:49 p.m. Attest: 4S anae Jennings, 71n Secretary biarles Nfisvifangermalor Pagc 9 of 9