20210713Welcome to the July 13, 2021,
Prosper Town Council Meeting.
Call to Order/Roll Call.
Invocation, Pledge of Allegiance, and
Pledge to the Texas Flag.
Pledge to the Texas Flag
Honor the Texas flag;
I pledge allegiance to thee,
Texas, one state under God,
one and indivisible.
Announcements of recent and upcoming events.
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.
Agenda Item 1.
Consider and act upon the Minutes from the June 22,
2021, Town Council Regular Meeting. (RB)
Agenda Item 2.
Receive the May financial report. (BP)
Agenda Item 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)
Citizen Comments
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 Meeting Appearance Card” and
submit it to the Town Secretary prior to the meeting, or
address the Council via videoconference or telephone.
Regular Agenda
Pursuant to Section 551.007 of the Texas Government
Code, individuals wishing to address the Council for
items listed as public hearings will be recognized when
the public hearing is opened. For individuals wishing to
speak on a non-public hearing item, they may either
address the Council during the Citizen Comments
portion of the meeting or when the item is considered
by the Town Council.
Items for Individual Consideration
Agenda Item 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)
Agenda Item 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)
EXISTING PROPOSED
EXHIBIT D
EXHIBIT F
Agenda Item 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)
History
•Feasibility Study, May ‘20
•Commencement of
Environment Impact
Statement (EIS)
•EIS Public Meeting –
Gold & Brown Segment B
•Five (5) Resolutions
by Town of Prosper
gg
After TxDOT’s Public Meeting
•30% Schematic
Design Plans
•New Gold & Brown
Alignments
•Change in properties
affected
Prosper
Development Map
Construction
Status
Ladera Prosper Schedule
Supports US Highway 380
•Founders Classical Academy
•Malabar Hills
Prosper Trails Memorial
Park/Cemetery Schedule
Resolution
Supports US Highway 380
•Controlled Access Highway
•Current Alignment
•Preferred & Recommended
Alignment
•Town’s Thoroughfare Plan
Strongly Opposes
•New Segment B (Gold & Brown)
Town Involvement
•Consistent & Clear
•Resolution –6th since April, 2017
•Hired consultant to assist Town
•Provided 30% comments to TxDOT
Next Step
•Public Comment Meeting Fall ‘21
Recommendation:
Town staff recommends that the Town Council approve 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.
Possibly direct Town staff to schedule topic(s) for
discussion at a future meeting.
Agenda Item 7.
Update on Virtual Meetings. (RB)
Legislative Update on Virtual Meetings
•Legislature did not pass legislation to broaden the
OMA regarding virtual meetings
•Governor Abbott announced he will remove the
temporary suspensions to the OMA that were put in
place due to COVID effective September 1, 2021
Virtual Meetings -OMA Requirements
Telephone Meetings:
•Only permitted in emergency situations
Virtual Meetings -OMA Requirements
Videoconference Meetings:
•A full quorum of the governing body must by
physically present at the meeting location
•Councilmembers may only attend remotely if live,
two -way audio and video of the remote participant is
maintained at all times
•Town must make at least an audio recording of the
meeting available to the public
Virtual Meetings -OMA Requirements
Meetings Broadcast over the Internet:
•Required for Home-Rule municipalities with a
population over 50,000
•If required to broadcast over the Internet,
municipalities must make video and audio recordings
available.
Public Participation in Virtual Meetings
•The OMA permits the governing body to allow
members of the public to participate remotely in
virtual meetings
•There is no mandate in the OMA that requires public
participation via telephone or videoconference
Town Staff Recommendation for Virtual Meetings
•Continue to hold meetings in-person and via Zoom for the convenience of the public and to promote increased transparency
•Consider upgrades to virtual meeting technology proposed in the FY 2021-2022 budget
•IT/Communications/Town Secretary staff will work to ensure the Town meets or exceeds the requirements of the OMA
Feedback and Direction from Town Council
Town of Prosper Logo Discussion. (HJ)
Prosper Community Library Logo
Prosper EDC Logo
Dallas North Tollway-Design Guidelines. (HJ)
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 Meeting will resume after the
Executive Session.
Reconvene in Regular Session and take any action
necessary as a result of the Closed Session.
Adjourn.