10.15.18 Town Council Special Meeting PacketPage 1 of 1
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. 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:
2a. Section 551.087 – To discuss and consider economic development incentives.
2b. 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.
3. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
4. Consider and act upon repealing Resolution 17-29, and approving a resolution strongly
opposing Red Alignment Option B as a bypass option for U.S. Highway 380 within the
corporate limits of the Town of Prosper and declaring the Town Council’s opposition to
any alignment of U.S. Highway 380 in the Town that is not consistent with the current
alignment of said highway. (HW)
5. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 200 S. Main Street, Prosper, Texas 75078, a place convenient and readily accessible to the
general public at all times, and said Notice was posted by 5:00 p.m., on Friday, October 12, 2018, and
remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, 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. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-
1011 at least 48 hours prior to the meeting time.
AGENDA
Special Called Meeting of the
Prosper Town Council
Prosper Town Hall
Council Chambers
200 S. Main Street, Prosper, Texas
Monday, October 15, 2018
5:30 p.m.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 15, 2018
Agenda Item:
Consider and act upon repealing Resolution 17-29, and approving a resolution strongly opposing
Red Alignment Option B as a bypass option for U.S. Highway 380 within the corporate limits of the
Town of Prosper and declaring the Town Council’s opposition to any alignment of U.S. Highway
380 in the Town that is not consistent with the current alignment of said highway.
Description of Agenda Item:
On October 4, 2018, the Texas Department of Transportation (TxDOT), held the first of three public
meetings to present the updates to the U.S. Highway 380 Feasibility Study. Included in the
updates is a new Red Alignment Option B alignment for a U.S. Highway 380 bypass that bisects
the Town of Prosper west of Custer Road. While the Town of Prosper did approve Resolution 17-
29 in support of U.S. 380 becoming a Limited Access Roadway, it has only been supportive of the
expansion of U.S. Highway 380 staying in its current alignment within the corporate limits of the
Town. Any proposed bypass should be east of Custer Road, outside the corporate limits of the
Town.
At the October 9, 2018, Town Council meeting, residents requested the Town Council consider
another resolution to oppose the proposed Red Alignment Option B as a bypass option for U.S.
Highway 380. The attached resolution not only strongly opposes Red Alignment Option B as a
bypass option for U.S. Highway 380 within the corporate limits of the Town of Prosper, but also
clearly states the following:
• The Town Council expresses its strong opposition to any alignment that is not consistent
with the current alignment of U.S. Highway 380 in the Town.
• The proposed Red Alignment Option B alignment is not in conformance with the Town’s
Thoroughfare Plan and the Town Council expresses no support for any amendment to its
Thoroughfare Plan relative to approval of Red Alignment Option B.
• The Town Council directs no further Town staff coordination with TxDOT or any other entity
related to the preservation of right-of-way for the expansion of U.S. Highway 380 as a
Limited Access Roadway while there exists a Red Alignment Option B.
On October 12, 2018, TxDOT submitted a letter to Judge Self and the Mayors of the affected
communities recommending that each city and Collin County wait to take formal action through
resolutions until TxDOT has met with each city and Collin County to discuss TxDOT’s
recommended preferred alignment. The letter is attached to the agenda item.
Prosper is a place where everyone matters.
ENGINEERING
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality.
Attached Documents:
1. Resolution
2. Red Alignment Option B Exhibit
3. Thoroughfare Plan
4. Letter from TxDOT
Town Staff Recommendation:
Town staff recommends that the Town Council approve a resolution strongly opposing Red
Alignment Option B as a bypass option for U.S. Highway 380 within the corporate limits of the
Town of Prosper and declaring the Town Council’s opposition to any alignment of U.S. Highway
380 in the Town that is not consistent with the current alignment of said highway.
Proposed Motion:
I move to approve a resolution strongly opposing Red Alignment Option B as a bypass option for
U.S. Highway 380 within the corporate limits of the Town of Prosper and declaring the Town
Council’s opposition to any alignment of U.S. Highway 380 in the Town that is not consistent with
the current alignment of said highway.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, STRONGLY OPPOSING RED ALIGNMENT OPTION B AS A
BYPASS OPTION FOR U.S. HIGHWAY 380 WITHIN THE CORPORATE
LIMITS OF THE TOWN; DECLARING THE TOWN COUNCIL’S
OPPOSITION TO ANY ALIGNMENT OF U.S. HIGHWAY 380 IN THE TOWN
THAT IS NOT CONSISTENT WITH THE CURRENT ALIGNMENT OF SAID
HIGHWAY; REPEALING RESOLUTION NO. 17-29; MAKING FINDINGS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) has held three public
meetings in October 2018 relative to a f easibility study of expanding U.S. Highway 380 in Collin
County to a Limited Access Roadway; and
WHEREAS, previous public meetings earlier in 2018 did not include a bypass option for
U.S. Highway 380 within the Town’s corporate limits; and
WHEREAS, on April 11, 2017, the Town of Prosper adopted Resolution No. 17-29 in
support of the current alignment of U.S. Highway 380 expanding to a Limited Access Roadway
(LAR); and
WHEREAS, the Town’s Thoroughfare Plan, adopted after multiple public hearings and
intensive citizen input, depicts U.S. Highway 380 along its current route; and
WHEREAS, TxDOT now shows a bypass option for U.S. Highway 380 within the Town’s
corporate limits, outside the current alignment of U.S. Highway 380, such bypass option now
known as Red Alignment Option B; and
WHEREAS, Red Alignment Option B was shown by TxDOT as an alternative without
effective public input from the residents of Prosper, and the failure to receive such input has
resulted in a seriously flawed recommendation by TxDOT; and
WHEREAS, Red Alignment Option B is totally inconsistent with the Town’s adopted
Thoroughfare Plan; and
WHEREAS, by this Resolution, the Town Council desires to express its strong opposition
to Red Alignment Option B and the Town will not support such alignment; and
WHEREAS, the Town Council further declares its opposition to any alignment of U.S.
Highway 380 in the Town that is not consistent with the current alignment of U.S. Highway 380.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Resolution No. 18-__, Page 2
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper, Texas, hereby expresses its strong opposition
to Red Alignment Option B, the bypass alignment for U.S. Highway 380. Moreover, any future
alignment of U.S. Highway 380 in the Town shall be consistent with the current alignment of
U.S. Highway 380 and the Town Council hereby expresses its strong opposition to any alignment
that is not consistent with the current alignment of U.S. Highway 380 in the Town.
SECTION 3
TxDOT’s Red Alignment Option B bypass alignment for U.S. Highway 380 is not in
conformance with the Town’s adopted Thoroughfare Plan and the Town Council hereby
expresses no support for any amendment to its Thoroughfare Plan relative to approval of Red
Alignment Option B.
SECTION 4
The Town Council hereby directs no further Town staff coordination with TxDOT or any
other entity related to the preservation of right-of-way for the expansion of U.S. Highway 380 as
a Limited Access Roadway while there exists a Red Alignment Option B.
SECTION 5
Resolution No. 17-29, adopted by the Town Council on or about April 11, 2017, is hereby
repealed in its entirety.
SECTION 6
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
SECTION 7
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 15TH DAY OF OCTOBER, 2018.
___________________________________
Ray Smith, Mayor
Resolution No. 18-__, Page 3
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Red Alignment Option B
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Legend
Major Roads
Minor Roads
Proposed Roads
Railroad
Parcels ^_
0 1,500 3,000750
Feet
O1 inch = 1,500 feet
Source: Town of Prosper, PlanningDate: October 12, 2016
Prosper Thoroughfare PlanDISCLAIMER. The Town of Prosper has prepared this map or information for internal use only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. Prosper assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or information provided herein. Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose.
Thoroughfare Plan
Dallas North Tollway, Dedicated Truck Route
6 Lane Divided
3 Lane Undivided Couplet
4 Lane Divided
Commercial Collector
Old Town District
Access Roads
Grade Separation
RR Grade Separation
Ord. No. 16-72, Page 3