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20201208Welcome to the December 8, 2020, 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 of the November 17, 2020, Town Council meeting to Canvass the Election. (ML) Agenda Item 2. Consider and act upon the minutes from the November 24, 2020, Town Council Meeting. (ML) Agenda Item 3. Receive the October Financial Report. (BP) Agenda Item 4. Consider and act upon amending Ordinance No. 19-65 (FY 2019-2020 Budget). (BP) Agenda Item 5. Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020-2021 Budget). (BP) Agenda Item 6. Consider and act upon a resolution to suspend the January 23, 2021 effective date of CoServ Gas Ltd’s requested increase to permit the Town time to study the request and establish reasonable rates. (BP) Agenda Item 7. Consider and act upon approving an interlocal cooperation agreement with the City of Allen for Mutual Aid for Information Technology Services, and authorizing the Town Manager to execute an agreement for same. (LJ) Agenda Item 8. Consider and act upon approving a list of qualified firms to provide professional park design and related services to the Town of Prosper. (DR) Agenda Item 9. Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fees Credit Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to the construction of Coleman Street to serve the Cambridge Park Estates development. (HW) Agenda Item 10. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees Credit Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to the extension of a water line to serve the Cambridge Park Estates development. (HW) Agenda Item 11. Consider and act to authorize the Town Manager to execute an Amortization and Settlement Agreement between Lattimore Materials Corporation and the Town of Prosper, Texas, related to the establishment of a compliance date of the Lattimore Materials concrete batch plant at 890 Dallas Parkway. (JW) Agenda Item 12. Consider and act to authorize the Town Manager to execute an Amortization and Settlement Agreement between Argos USA, LLC and the Town of Prosper, Texas, related to the establishment of a compliance date of the Southern Star concrete batch plant at 770 Dallas Parkway. (JW) 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 13. Consider and act upon approving a resolution supporting Collin County’s contract award for the construction of Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289), and reaffirming the Town’s cost participation in the project per the terms of the 2018 Interlocal Agreement. (HW) Frontier Parkway (Dallas North Tollway –Preston Road) •Competitive Sealed Proposal with Collin County •Mario Sinacola & Sons = $21,917,967.50; 693 calendar days -Engineer’s Estimate = $23,760,000; 960 calendar days •Four (4) Construction Sequencing Phases •Total Project Cost = $31,495,371 -Town’s Participation ($8,855,476) or 28%. PHASE 1: February 2021 –May 2021 •Channel Work •Detour and New Temporary BNSF RR Crossing •Begin Wesley Drive Reconstruction PHASE 2: May 2021 –November 2021 •Construct South Side (Eastbound) •Switch Traffic to Detour and New Temporary BNSF RR Crossing •Complete Wesley Drive Reconstruction •Detention Pond Excavation at Prosper High School •Begin Embankment and Overpass at BNSF Railroad -Including North and South Side (Westbound and Eastbound) PHASE 3: November 2021 –October 2022 •Switch Traffic to South Side •Continue Detour at New Temporary BNSF RR Crossing •Construct North Side (Westbound) •Construct Median Openings and Left Turn Lanes •Complete Embankment and Overpass at BNSF Railroad PHASE 4: October 2022 –January 2023 •Switch Westbound Traffic to North Side -Two (2) Lanes in Each Direction •Overpass at BNSF Railroad Open •Remove Temporary BNSF RR Crossing •Final Clean Up Questions? Agenda Item 14. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Collin County, the Town of Prosper, and the City of Celina related to construction inspection services of Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289). (HW) Agenda Item 15. Discussion on Credit Access Businesses. (JW) Credit Access Businesses (Payday Loans –Car Title Loans) •Per the Texas Finance Code, a Credit Access Business (CAB) is a credit service organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan. Credit Access Businesses •Credit Access Businesses (CAB) serve as a broker to a third party, non-licensed lender •Customers seek a relatively small loan -the CAB obtains the principal cash from third party to give to the customer, and the CAB charges a fee for the “brokerage” service Credit Access Businesses •Per the Texas Finance Code, creditors are limited to charging a maximum interest rate of 10% unless otherwise specified by statute •CAB’s are able to evade this by charging “fees” for the service rather than charging interest Credit Access Businesses •A Pew Charitable Trust Report noted that on average, a borrower will take out eight (8) loans of $375 each per year and spend $520 in “fees” for each loan •The average car title loan customer will renew their loan six (6) times and will pay $1,100 in “fees” for a $500 loan; 20% of borrowers will lose their car to repossession Direction of Regulation? Business Land Use Business Approach •Beginning in 2011, cities in Texas began adopting ordinances based off of a “unified ordinance” template, regulating the operation of the business o Registration & Licensing o Required Education Material to Increase Transparency o Reporting Requirements/Maintenance of Records o Restrictions on the Number of Transactions •Land Use Regulations (Preferred Approach) o Create Definition to Distinguish from Banks and Credit Unions o Permit as a Conditional Use Minimum 1,000 feet between establishments Minimum 500 feet from the rights of way of Preston Road Dallas Parkway US 380 Minimum 200 feet from a residential district 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 551.087 –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. 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 551.074 -To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. 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. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Agenda Item 16. Town Council Subcommittee Discussion (RB) Adjourn.