07.13.2021 Town Council Minutes S
11- Minutes
Prosper Town Council Meeting
TOW N OF Council Chambers
S P E Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, July 13, 2021
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tern Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Jeff Hodges
Councilmember Charles Cotten
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Rebecca Zook, Executive Director of Development and Infrastructure Services
Leigh Johnson, Director of Information Technology
Betty Pamplin, Finance Director
Bryan Ausenbaugh, Fire Marshall
Khara Dodds, Development Services Director
Hulon Webb, Engineering Services Director
Alex Glushko, Planning Manager
Dudley Raymond, Director of Parks and Recreation
Leslie Scott, Director of Library Services
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Councilmember Marcus E. Ray led the invocation. The Pledge of Allegiance and the Pledge to
the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Cotten read the announcements.
Applications are now being accepted for residents to serve on one of the five Town Boards and
Commissions. The deadline to submit an application is Thursday, August 5. More information
about the Board and Commission application process, including an online application form, is
available on the Town website.
Prosper Fire Rescue is now accepting applications for the third annual Citizens Fire Academy.
Participants who live or work in the Town of Prosper will meet for nine weeks on Thursday
evenings from 6:30-9:00 p.m. at Prosper Fire Station 2. Registration ends on July 19, and
classes begin on August 5. Please visit www.prosperfire.com to register.
Page 1 of 8
The Prosper Police Department would like to remind residents that July is National Vehicle Theft
Prevention Month. Vehicle theft is highest during the summer months. Always remember to
111 lock your vehicle doors and windows, park in well-lit areas, put away valuables, and do not
leave your keys in your vehicle.
The Town offers three e-newsletters that are delivered via email to keep residents informed of
Town events and programs. The Resident Update is delivered every Friday and includes
general Town news. The Landscape newsletter is produced by the Parks & Recreation
Department to let residents know about camps, classes, and special events. And the Senior
Scene newsletter is filled with information especially for Active Adults age 55 and better. Sign
up for any of our newsletters on the Town website by clicking on the "News" tab at the top of the
homepage.
Councilmember Bartley thanked Cedarbrook Media and Town of Prosper staff for their hard
work in the Pride in the Sky event which had a excellent participation from the community and
was a great event overall.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial.
The Consent Agenda can be acted upon in one motion. Items may be removed from the
Consent Agenda by the request of Council Members or staff.
1. Consider and act upon the Minutes from the June 22, 2021, Town Council
Regular Meeting. (RB)
2. Receive the May financial report. (BP)
3. 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, including Gates of
Prosper, Phase 3 and Prosper Trails Memorial Park (AG).
Mayor Pro-Tern Miller made a motion and Deputy Mayor Pro-Tern Andres seconded the motion
to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0.
CITIZEN COMMENTS
There were no citizen comments.
Items for Individual Consideration:
Due to the large number of people in attendance to speak on item 6, Mayor Smith opted to
move immediately to Item 6 and return to agenda Items 4 and 5.
6. Consider and act upon approving a resolution supporting U.S. Highway 380 as
a Controlled Access Highway and strongly opposing the consideration of the
New Gold or Brown Alternative Segment B alignments as presented by TxDOT
in their US 380 EIS Schematic 30% designs submitted to the Town on May 3,
2021, due to the negative impacts on existing and future development within
the southeast quadrant of the Town of Prosper since the alternative
alignments are inconsistent with the Town's Thoroughfare Plan and current
alignment of said highway. (RZ)
Page 2 of 8
Rebecca Zook began the presentation by giving a brief historical overview of the
Town's involvement with the Texas Department of Transportation (TxDOT) US 380
alignment project. In May 2020, the original recommended alignment by TxDOT was
supported by the Town. Afterwards there was a brief pause in the project until the
Fall of 2020 when TxDOT completed an Environmental Assessment Impact
Statement (EIS) . At that time, TxDOT met with staff and brought forward new
alignments which bisect a portion of Prosper. Over the past three years, the Town
has passed five Resolutions clearly identifying the preferred alignment within the
Town's jurisdictional limits, which would be to expand US 380 along its current
alignment.
In May of this year, TxDOT provided 30% Schematic Plans showing new, revised
Gold or Brown Alternative Segment B alignments which shifted a quarter mile south
of where it crosses Custer Road. In addition to these new alignments, there were
changes to the properties that were affected. Ms. Zook presented how the newly-
revised alignments affect the Prosper Development Map, which was provided to
TxDOT so they could see how projects in the Town are progressing. Founders
Classical Academy, Ladera Prosper, and Malabar Hills are milestone projects that
would be significantly affected by the new alignments. It is important to note that
these projects will be completed before the EIS will be completed.
Ms. Zook emphasized that The Town of Prosper has always been clear and
forthright with TxDOT on the Town's position, as presented in this Resolution, that
the Town supports the original alignment presented in the feasilbility study and
strongly opposes the new Gold and Brown alignments.
In conclusion, Ms. Zook shared the next steps of the process pending approval of the
this sixth proposed Resolution. The Town hired a new consultant to assist in
preparing and presenting comments to TxDOT. TxDOT will schedule a Public
Meeting in the fall of 2021. This means that all property owners affected by the new
alignments will not be informed of the proposed changes until this upcoming Public
Meeting this fall. Town Staff recommends that the Town Council approves the
Resolution presented today.
Mayor Smith recognized the following individuals who requested to speak on this
item:
Bob Benson, President of the Whitley Place Homeowners Association, spoke in
support of the Resolution. Mr. Benson thanked Town Council, Town staff, and
consultants for their work on this process. He is passionate about how this project
affects the Town and supports the Resolution and strongly opposes the alignments
presented by TxDOT. Mr. Benson found it troubling that TxDOT had not chosen to
inform homeowners of the shift in alignment. He also commended the consultant on
his notes regarding the potential for congestion with the new alignements particularly
as they would affect Prosper ISD High School No. 3.
Ben Pruett, 4311 Whitley Place Dr., commended the Town consultant's statements
and expanded on them by speaking of air quality concerns. Mr. Pruett added
information from NCTCOG's air quality handbook and the concerns over bad ozone.
The Brown and Gold alignments would introduce bad ozone that would impact the
environmentally sensitive facilities such as ManeGait and Founders Academy, which
serve individuals with disabilities and children. Mr. Pruett suggested TxDOT include
a risk assessment of the bad ozone exposure as part of their environmental study.
Page 3 of 8
Benji Green, Bob Seei, Kathy Seei, and Nicholas Nordman did not speak, but
expressed their support for the Resolution.
The Council inquired whether more could be done to express the Town's opposition
to the new alignments. Ms. Zook replied that approving the proposed Resolution
begins that process. The Resolution will be sent to TxDOT, and TxDOT is continuing
to take comments from residents. Council encouraged members of the public to
submit their comments, and Ms. Zook emphasized the importance of continuing to
reinforce the Town's position that US 380 should remain in its current alignment.
Town Manager Jefferson asked Ms. Zook if TxDOT is bound by a certain area and
she answered they are bound by the current EIS; however, TxDOT can elect to not
move forward with the current EIS and elect to do a new EIS in another area. Ms.
Zook stated any option is still on the table.
Tommie Van Wolfe spoke in support of the item via Zoom on behalf of the Christie
Farms HOA and as a future Whitley Place resident. He agreed that TxDOT has
been very open with their communication and very responsive. He encouraged
everyone to make their voices heard.
Kathy Seei addressed the Council, stating that she believes this issue is a breech of
trust with TxDOT. Ms. Seei encouraged the Council to stand firm.
Jim Williams addressed the Council, noting that he has development projects along
US 380, First Street, and Custer Road that would be affected by the new alignments.
TxDOT has continued to say they need more land to expand US 380 and the Town
of Prosper has said yes, even though McKinney has said no. He stressed that the
Town of Prosper does not need a loop around McKinney going through Prosper.
After discussion, Deputy Mayor Pro-Tern Andres made a motion and Mayor Pro-Tern
Miller seconded the motion to to approve Resolution No. 2021-34 supporting U.S.
Highway 380 as a Controlled Access Highway and strongly opposing the
consideration of the New Gold or Brown Alternative Segment B alignments as
presented by TxDOT in their US 380 EIS Schematic 30% designs submitted to the
Town on May 3, 2021, due to the negative impacts on existing and future
development within the southeast quadrant of the Town of Prosper since the
alternative alignments are inconsistent with the Town's Thoroughfare Plan and
current alignment of said highway. The motion was approved by a vote of 7-0.
4. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan from Medium Density Residential to Retail &
Neighborhood Services, generally located on the northwest corner of Legacy
Drive and Prosper Road. This is a companion case to Z20-0013. (CA20-0003).
(AG)
5. Conduct a Public Hearing and consider and act upon a request to rezone 5.5±
acres, from Agriculture (A) to Planned Development-Retail (PD-R), for Legacy
Storage, located on the west side of Legacy Drive, north of Prosper Road. This
is a companion case to CA20-0003. (Z20-0013). (AG)
Mayor Smith opened Items 4 and 5 concurrently after Item 6.
Alex Glushko presented both items before Council. The property is proposed to be
developed for Mini-Warehouse/Public Storage uses. The rezoning request is to
Page 4 of 8
change the property from agricultural to retail, which does not conform to the Future
Land Use Plan.
Mr. Glushko provided a brief history of the development. This property was
permitted in 2007 by Denton County, prior to the property's annexation into the Town
of Prosper in June 2010 Denton County issued permits for ten buildings. Nine
buildings currently exist on the property The last building permit is for a three
story,120,000 square foot mini warehouse building. The Planning & Zoning
Commission unanimously voted to approve the FLUP amendment and the zoning
request.
Mayor Smith opened the Public Hearing.
Matt Moore of Claymoore Engineering spoke behalf of the applicants, who believe
the proposed location is appropriate for the requested building. Drainage solutions
have been put in place due to concerns from the neighboring property. The proposed
development will not be constructed until they can get adequate water and sewer to
this property It is likely several years away before the development occurs, but the
applicants desire to get appropriate entitlements in place now so they can plan
accordingly in the future. Mr. Moore confirmed that currently there is more flow going
to the north than what was going there previously. It was determined the best option
is to create a temporary detention pond with a staged outfall structure. The property
owners are aware of this and have agreed to the installation of this temporary
solution right away. Mr. Moore said he has met with the property owners to the north
and their attorney, but has only recently been given approval to move forward with
the design.
Rob Daeke, representing Trent and Emily Lewis, the property owners to the north,
spoke in opposition to the requests. The Lewis' do not feel this use is supportive of
the Town's Comprehensive Plan, which is to keep large residential lots in the area.
They assert that it would be difficult to develop a $1 million home next to a three-
story storage unit; therefore, the propose use would impact the adjacent property's
development opportunities.
Trent Lewis, 1251 N. Legacy Dr., property owner to the north of this development,
spoke in opposition to the request Mr. Lewis asserted that the Legacy Storage
development has negatively impacted and harmed his property for years, including
stormwater, Fire Code, and Certificate of Occupancy (CO) violations. If approved,
the zoning request will negatively affect his ability to develop his property and the
area surrounding it. Mr. Lewis respectfully requested that the Town Council deny
this request.
Emily Lewis, 1251 N Legacy Dr., property owner to the north, expressed her
gratitude that the stormwater and drainage concerns are being addressed; however,
she explained her concerns with having a storage unit next to their property and the
safey hazards surrounding it. There is no water service on the property to provide
fire suppression for any of the storage buildings, and Ms. Lewis claimed the business
was operating with an expired Certificate of Occupany, and does not meet the
Town's codes. Ms. Lewis strongly urged the Town Council to deny both items and
put public safety as a priority.
Michelle Sims, co-owner of Legacy Storage, spoke in favor of the request. Ms Sims
advised they want to build a quality building that conforms to Town standards. Ms.
Sims denied ever been notified of water going onto the Lewis' property.
Page 5 of 8
With no one else speaking, Mayor Smith closed the Public Hearing.
Terry Welch, Town Attorney, spoke responding to the Mayor's request for
clarification. Mr. Welch stated that the existing buildings were permitted by Denton
County prior to annexation, and therefore, are not subject to the Town's development
standards. The state annexation statute provides that when a property is annexed,
the current land use may continue indefinitely. The Town has no jurisdiction to
enforce standards on permits issued by Denton County prior to annexation. The
applicants have agreed to enter into a Development Agreement with the Town if the
zoning request is approved.
The property owners will be required to provide water and sewer lines on the
property, however, Mr. Welch confirmed there is no legal mechanism for the Town to
compel the property owners to retrofit the old buildings to the current code. Mr.
Welch confirmed that if the zoning request is denied, the property owners could still
build the final building allowed per the original permit, but would be limited to a
3,800-square-foot building that complied with the current building code.
Responding to a question from Council, Ms. Zook confirmed that the facility is not
operating with an expired Certificate of Occupancy. The Town issued one non-
conforming CO when the property was initially annexed for all the buildings on the
property. No other COs have been issued by the Town, since the Town did not
review the plans, permit the plans, or inspect the plans.
Responding to a question from Council, Mr. Glushko responded that changes to the
FLUP are general in nature and are not intended to be parcel-specific. Council
inquired why the zoning request is occurring now, since there are no utilities on the
property yet. Matt Moore of Claymoore Engineering responded that it is common for
property owners to have entitlements in place first so planning for the future
development can occur. Mr. Moore stated that 1.5 acres to the north of the subject
property are owned by the Lewis family, although they do not reside on the property,
and most of the property is comprised of a pond. The existing buildings on the
applicant's property are passive sources of income and will continue in their current
state indefinitely. Mr. Moore stated that the applicants cannot commit to retrofitting
every building with water and sewer service since it would be very expensive.
After discussion, Councilmember Cotten made a motion and Councilmember
Hodges seconded the motion to approve a request to amend the Future Land Use
Plan from Medium Density Residential to Retail & Neighborhood Services, generally
located on the northwest corner of Legacy Drive and Prosper Road. The motion was
approved by a vote of 7-0.
Council inquired about the terms of the Development Agreement, subject to
Council's approval of the zoning request. Mr. Welch advised that language should
be added to the Development Agreement for building materials, drainage issues,
and to consider fire suppression systems.
Council inquired about requirements for fire suppression systems on the property.
Fire Marshal Bryan Ausenbaugh responded that fire alarms and fire extinguishers
already exist in all buildings on the property. The likelihood of the new building being
affected by a structure fire at the existing buildings is possible, but unlikely.
After discussion, Councilmember Cotten made a motion and Councilmember Ray
seconded the motion to approve a request to rezone 5.5± acres, from Agriculture (A)
Page 6 of 8
to Planned Development-Retail (PD-R), for Legacy Storage, located on the west side
of Legacy Drive, north of Prosper Road, subject to the applicant entering into a
Development Agreement with the Town that does not address the existing buildings,
but does include provisions for drainage and building materials. The motion was
approved by a vote of 7-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
7. Update on Virtual Meetings. (RB)
Robyn Battle, Executive Director of Community Services, spoke regarding the status
of virtual meetings, both from a legislative and policy perspective. Early in the
pandemic, Governor Abbott suspended certain provisions of the Open Meeting Acts
in an effort to reduce in-person meetings while safely social distancing. It was the
hope that the Texas Legislature would take action during the legislative session to
make some of those provisions permanent, but that has not occurred. On June 30,
Governor Abbott approved a request from the Attorney General to lift all the
temporary suspensions of the Open Meetings Act. Starting September 1, telephone
meetings are only permitted in emergency situations or when it is impossible for the
governing body to meet in person. For meetings held via videoconference, a full
quorum of the governing body must be physically present at the meeting location,
and members may only attend remotely if a live, two-way audio and video connection
can be maintained. The Open Meetings Act does give the Town discretion to
broadcast the meetings over the internet but it is not mandatory until municipalities
reach a population of 50,000.
The Open Meetings Act has always given the Town discretion to provide an avenue
for residents to attend meetings remotely. The CARES Act funding helped the Town
be able to provide this service sooner. The Town's IT Department provided statistics
of the number of individuals who have attended the Council meetings since January
2021. An average of 11 people have attended each meeting, not including Council
or staff. Town staff recommends that the Town continue to provide a virtual option
to the public. Ms. Battle confirmed that Councilmembers may listen to meetings
remotely if they cannot be physically present, but they will not be counted as
attending the meeting, and will be unable to deliberate or vote on agenda items. A
discretionary budget package has been submitted in the FY 2021-2022 proposed
budget to improve the virtual meeting technology, and platforms such as Zoom are
likely to continue to improve as more cities move toward a virtual setting for public
meetings. Council concurred with staff's recommendation to continue to provide a
virtual option for public meetings. No further action was taken.
Town Manager Harlan Jefferson briefed the Council on the new logo the Community
Library has developed, which has some similarities to the Prosper EDC logo. Mr.
Jefferson inquired whether the Council would like to consider a new logo for the
Town. Some Councilmembers expressed a desire to refresh the logo, and offered
suggestions to use the same consultant as the PEDC and the Library or perhaps ask
students at Prosper High School to offer an option. Council noted that it may also be
advantageous to adopt a new logo prior to developing a new website. Before
making a decision on a new logo, Council directed Town staff to get a cost estimate
for rebranding all Town facilities, vehicles, print and digital materials and present
information at a future Town Council meeting. No further action was taken.
Mr. Jefferson presented information on the Dallas North Tollway (DNT) design
guidelines. He reviewed Town staff's timeline for gathering information from the
Page 7 of 8
Prosper Developer's Council and the Planning and Zoning Commission. Town staff
is expected to present a recommendation to Council in late August or early
111 September. No further action was taken.
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:
Section 551.071 - Consultation with Town Attorney regarding legal issues related to
Article 8.04 of the Town's Code of Ordinances, and all matters incident and related
thereto.
Section 551.087— To discuss and consider economic development incentives.
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.
Section 551.074 - To discuss and consider personnel matters and all matters
incident and related thereto.
The Town Council recessed into Executive Session at 7:38 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 8:35 p.m. No action was taken as a
result of the Closed Session.
Adjourn.
The meeting was adjourned at 8:35 p.m. on July 13, 2021.
These ,: . . . -. on the 27th day of July 2021.
C / APPROVED:
190
5 Ray Smith Mayor
TEN ,
AT
Xd.4///
Robyn ttle, Interim Town S cretary
Page 8 of 8