[12. Consider and act upon an ordinance to rezone 120.5± acres from Planned Development44 (PD-44) to Planned Development-129 (PD-129) on Collin County School Land Survey 12, Abstract 147, Tract 45, located on the southeast corner of Legacy Drive and Frontier Parkway. (ZONE-24-0013) (DH)]

MOTION PASSES UNANIMOUSLY. THANK YOU VERY MUCH. ITEM NUMBER 12 IS GOING TO BE. MR. HOOVER. JUST ONE LITTLE CLARIFICATION. SORRY. LET ME GET TO IT ON MY PAGE. OKAY. ON IN THE RETAIL SECTION OF THIS DEVELOPMENT UNDER NUMBER THREE USES AND REGULATIONS AND PERMITTED USES IN THE RED LINE THAT WE HAD TWO WEEKS AGO THAT WE PASSED IT SAID BANK SAVINGS AND LOAN OR CREDIT UNIONS ARE ALLOWED, BUT THE DRIVE THROUGH COMPONENT IS BY SUPP. SO I JUST WANTED TO CLARIFY THAT BEFORE WE VOTED TO APPROVE THIS. MAKE SURE WE HAVE THAT. YES, MA'AM. THANK YOU. YEAH, WE HAD HAD AS YOU SAID, WE HAD IT MARKED ON THE RED LINES. AND AS WE WERE GOING FROM THE RED LINES TO THE FINISHED COPY, SEVERAL OF US REVIEWED IT AND MISSED IT. YEAH. SO THAT WAS IT JUST TO CLARIFY THAT. SO I GUESS I CAN JUST MAKE A MOTION WITH THAT CLARIFICATION. SURE. OKAY. MAKE A MOTION TO APPROVE ITEM NUMBER 12 WITH THE CLARIFICATION THAT BANK SAVINGS AND LOANS OR CREDIT UNIONS IN THE RETAIL PORTION ARE ALLOWED. THE DRIVE THROUGH IS ALLOWED BY SUPP. OKAY, I HAVE A MOTION SECOND BY MARCUS RAY. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. THANK YOU. AND ITEM

[14. Consider and act upon whether to direct staff to submit a written notice of appeals 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 Preliminary Site Plans and Site Plans. (DH)]

NUMBER 14 ON NUMBER 14, JUST A CLARIFICATION ON. I'M SORRY. LET ME GET TO IT REAL QUICK. ON PAGE TWO, I THINK IT WAS THE SITE THAT IS BEING BROKEN UP INTO MULTIPLE LOTS. IS THAT CORRECT?

[00:10:09]

FOR WHICH ONE? I'M SORRY. IT'S THE ONE FOR PD TWO WHICH DIVIDES UP INTO DIVIDES UP INTO A COUPLE OF OTHER LOTS. THE GROCERY STORE. YES. THAT'S RIGHT. YES, MA'AM. IS THE APPLICANT. DO YOU KNOW IF THE APPLICANT IS HERE? NO. OKAY. ARE YOU ON HERE? YES. OH. VERY GOOD. SO IN THIS PD, THERE IS NO DEVELOPMENT AGREEMENT. IT'S AN OLD PD. SO I JUST WANTED TO MAKE SURE THAT THE DEVELOPER. BECAUSE I PRESUME YOU'RE GOING TO, YOU KNOW,IALLYE OWNERS OF ALL THESE BUILDINGS.

SO I JUST WANT TO MAKE SURE THAT YOU GUYS UNDERSTAND OUR LANDSCAPING MAINTENANCE REQUIREMENTS, BECAUSE WE'VE SORT OF UPDATED THOSE. AND HAVE YOU HAD A CHANCE TO REVIEW THOSE? NOT YET, BUT WE HAVE FOUR LOTS. SO I BELIEVE, YOU KNOW, THE OWNERS OF THOSE LOTS WILL TAKE CARE OF THE LANDSCAPE. OKAY. I JUST WANT TO MAKE SURE YOU DON'T HAVE FOUR LOTS YET. YOU GOT ONE.

AND THAT'S WHAT THIS ACTION IS GOING TO BE, ISN'T IT? WELL, IT'S INTO THE FOUR LOTS. YES, IT'S ONE LOT DIVIDED INTO FOUR. SO MY I GUESS MY CONCERN IS IF YOU HAVE FOUR SEPARATE OWNERS AND YOU DON'T HAVE A PO A IN OTHER WORDS, YOU KNOW, AN ASSOCIATION WHERE THEY ALL HAVE TO CONTRIBUTE AND KEEP KEEP THE, THE DEVELOPMENT LOOKING THE SAME. I JUST WANT TO MAKE SURE ON THE RECORD THAT WE'VE MADE IT CLEAR THAT WE HAVE VERY HIGH PROPERTY MAINTENANCE STANDARDS, AND OUR PREFERENCE WOULD BE THAT YOU WOULD GO INTO A PO, AND THAT PO LANGUAGE WOULD BE APPROVED BY THE DIRECTOR OF DEVELOPMENT SERVICES. BUT EITHER WAY, JUST MAKING SURE YOU GUYS UNDERSTAND AND THAT YOU REVIEW OUR LANDSCAPE AND OUR MAINTENANCE PROPERTY MAINTENANCE REQUIREMENTS SO THAT WE DON'T HAVE A PROBLEM, YOU KNOW, ONCE THESE ARE BUILT. YEAH, I THINK IT'S FINE. OKAY. GREAT. THANK YOU SO MUCH. APPRECIATE IT. SO THAT HE WILL ENTER INTO THE PO.

IS THAT WHAT I'M I DON'T I DON'T KNOW THE ANSWER. THERE WILL BE A PO AS FAR AS ALL THE LOTS ARE CONCERNED. AND ANOTHER PIECE THAT DIDN'T COME UP BECAUSE THIS IS JUST THE FIRST ONE. BUT AS THE NEXT ONE COMES ON, IT FORCES THE PO THAT WILL ADD THE ADDITIONAL LOTS. AND IT COVERS NOT JUST THE, THE LANDSCAPING BUT ALSO MAINTENANCE, TRASH, DEBRIS, BEING ABLE TO PARK. YOU KNOW, IF YOU PARK IN FRONT OF ONE LOT, YOU DON'T HAVE TO GO GET IN YOUR CAR AND MOVE TO GO TO THE NEXT LOCATION. SO THERE HAS TO BE THAT RECIPROCITY AGREEMENT. SO THERE'S SEVERAL THINGS INVOLVED IN IT DOESN'T HAVE A DEVELOPMENT AGREEMENT BECAUSE IT'S AN OLD PD, BUT IT WILL HAVE THE PO. OKAY. VERY GOOD. I JUST WANT TO MAKE SURE SINCE THERE'S NO DEVELOPMENT AGREEMENT, USUALLY WE KIND OF HASH THAT OUT WHEN WE DO A DEVELOPMENT AGREEMENT SINCE THERE ISN'T ONE THAT EVERYBODY'S ON THE SAME PAGE. I LIKE TO DO THAT WITH DEVELOPERS JUST TO MAKE SURE EVERYBODY UNDERSTANDS OUR EXPECTATIONS. SO OKAY, WITH THAT, I WILL MAKE A MOTION TO APPROVE ITEM NUMBER 14. I HAVE A MOTION BY COUNCILWOMAN BARTOLI, SECONDED BY CRAIG ANDREWS. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. THANK YOU TO THE APPLICANT FOR BEING HERE. THANK

[CITIZEN COMMENTS]

YOU, MR. HOOVER. ALL RIGHT. THE NEXT ITEM IS CITIZENS COMMENTS. THE PUBLIC IS INVITED TO ADDRESS THE COUNCIL ON ANY TOPIC. HOWEVER, THE COUNCIL IS UNABLE TO ADDRESS OR TAKE ACTION ON ANY TOPIC NOT LISTED ON THE AGENDA. PLEASE COMPLETE A PUBLIC REQUEST FORM AND PRESENT IT TO THE TOWN SECRETARY PRIOR TO THE MEETING. PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES. IF MULTIPLE INDIVIDUALS WISH TO SPEAK ON A TOPIC, THEY MAY YIELD THEIR THREE MINUTES TO ONE INDIVIDUAL APPOINTED TO SPEAK ON THEIR BEHALF. ALL INDIVIDUALS YIELDING THEIR TIME MUST BE PRESENT AT THE MEETING, AND THE APPOINTED INDIVIDUAL WILL BE LIMITED TO A TOTAL OF 15 MINUTES. SO I DO HAVE THREE PUBLIC COMMENT FORMS, AND SO I'LL ASK. JENNY RAO, YOU'RE GOING TO GIVE YOUR TIME.

YES. THANK YOU. THANK YOU GWEN RAY. THANK YOU. AND THEN SO WE'LL HAVE A TOTAL OF NINE MINUTES FOR THE NEXT SPEAKER, OCTAVIO DA COSTA. DO YOU MIND STEPPING UP, SIR? THANK YOU.

GOOD EVENING. I'M JUST GOING TO READ OFF MY NOTES, IF THAT'S OKAY. WHAT YOU SEE UP AHEAD IS AN ISSUE IN THE TRAILS OF PROSPER NEIGHBORHOOD, WHERE WE ARE REQUESTING THE PROSPER TOWN COUNCIL TO HEAR AND APPROVE OUR REQUEST TO EXPAND AN ORDINANCE REGARDING NO PARKING, NO IDLING ON THREE STREETS. WILSON, GRAY AND DAVE TRAIL IN OUR NEIGHBORHOOD. THE ISSUES THAT WE ARE FACING ARE PROPERTY DAMAGE, TRESPASS TO LAND, INCLUDING LITTER BEING DISCARDED, AND A SERIOUS SAFETY RISK TO STUDENTS. SOME FACTS PARENTS HAVE BEEN USING THE NEIGHBORHOOD TO CIRCUMVENT READING LINES AT REYNOLDS MIDDLE SCHOOL. RESIDENTS HAVE BEEN SEEING THIS ISSUE FOR QUITE A WHILE, A FEW YEARS, NOT JUST RECENTLY WHEN REYNOLDS MIDDLE SCHOOL STARTED

[00:15:05]

THEIR CONSTRUCTION. SO IT'S BEEN GOING ON SO MUCH SO THAT IN AUGUST OF 2020, THE PROSPER TOWN COUNCIL HAD APPROVED A NO PARKING RESTRICTION ON WILSON DRIVE. IT RESTRICTS PARKING ON WILSON FOR ABOUT 50FT. THE ISSUE HAS BEEN EXACERBATED DUE TO CONSTRUCTION AND THE TRAFFIC HAS SPILLED OVER ONTO NEIGHBORING STREETS, INCLUDING WILSON, GRAY AND DAVE. THE ISSUES THAT I, THE HEALTH AND SAFETY ISSUES THAT I MENTIONED EARLIER ARE CARS PARKING ON BOTH SIDES, BOTH SIDES OF THE STREET. INGRESS AND EGRESS OUT OF THE COMMUNITY IS VERY DIFFICULT. SAFETY RISKS TO STUDENTS THAT EMERGE FROM CARS NEARLY MISS GETTING HIT BY CARS CAUSED PROPERTY DAMAGE. LITTER, LITTER. NEIGHBORHOODS TRAMPLE ON NEIGHBORHOODS. AND. THE PROSPER POLICE DEPARTMENT HAVE BEEN DOING THE ROUNDS TRYING TO ENFORCE NO PARKING, BUT IT'S IMPOSSIBLE TO HAVE THEM COME TO THE NEIGHBORHOOD EVERY DAY BETWEEN 3 AND 4. THEY'RE PRETTY BUSY. THE SUPERINTENDENT OF THE PROSPER ISD HAD SENT NUMEROUS EMAILS TO PARENTS, BUT THEY HAVEN'T BEEN HEEDED. 86% OF RESIDENTS WHO 86% OF RESIDENTS SUPPORT A NO PARKING ORDINANCE 13 DO NOT SUPPORT THIS. AND THEIR MAJOR CONCERNS ARE THEY WOULD LIKE TO PARK ON THE STREET. HOWEVER, WE BELIEVE THERE'S A WORKAROUND WHERE POLICE WHO ENFORCE NO PARKING RESTRICTIONS CAN QUICKLY LOOK UP LICENSE PLATE NUMBERS TO SEE IF THEY ARE REGISTERED TO HOMEOWNERS OR RESIDENTS OF THOSE NEIGHBORHOODS. AND THERE IS A PRECEDENCE FOR THIS ORDINANCE. LAKEWOOD COMMUNITY, WHICH IS CLOSE TO ROGERS MIDDLE SCHOOL. CAME BEFORE THE COUNCIL MADE THE SAME REQUEST, AND THEY DID RECEIVE A SIMILAR RESTRICTION. SO IN CONCLUSION, WE BELIEVE THIS THIS RESTRICTION SHOULD NOT NEGATIVELY IMPACT RESIDENTS AND REMOVING THE CURRENT RESIDENTS, REMOVING THE ENFORCING THE RESTRICTIONS WOULD NOT IMPACT CURRENT RESIDENTS, AND IT WOULD FURTHER IMPROVE THE QUIET ENJOYMENT OF THE TRAILS OF PROSPER COMMUNITY. THANK YOU. THANK YOU VERY MUCH. IS THERE ANYONE ELSE WHO WOULD LIKE TO ADDRESS THE COUNCIL? OKAY. SEEING NONE, I'LL MOVE TO OUR

[15. Conduct a public hearing and consider and act upon an ordinance to amend Planned Development-26 (Prosper Business Park), on 71.1± acres, to reduce the minimum side setback adjacent to Technology Lane on Prosper Business Park, Block B, Lot 9, located on the northeast corner of Mike Howard Lane and Safety Way. (ZONE-24-0023) (DH)]

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 OPEN. AGENDA ITEM NUMBER 15 IS TO CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE TO AMEND PLANNED DEVELOPMENT. 25 PROSPER BUSINESS PARK ON 71.1 ACRES, APPROXIMATELY TO REDUCE THE MINIMUM SIDE SETBACK ADJACENT TO TECHNOLOGY LANE. A PROSPER BUSINESS PARK, BLOCK B, LOT NINE, LOCATED ON THE NORTHEAST CORNER OF MIKE HOWARD LANE AND SAFETY WAY. MR. HOOVER. THANK YOU. MAYOR. THIS ONE'S PRETTY SHORT AND SWEET IN THAT THE DEVELOPMENT THAT WE'RE TALKING ABOUT IS OVER THE INTERSECTION OF SAFETY WAY. AND NOW MIKE HOWARD BOULEVARD AND ALSO COMES DOWN FROM FROM PROSPER. THERE ARE SEVERAL BUILDINGS THAT ARE THERE. THIS PARTICULAR LOCATION THAT WE'RE TALKING ABOUT IS THE SOUTHERNMOST BUILDING. THIS IS JUST THE AREA OF WHAT IT IS. LET ME SEE IF I GOT A BETTER PICTURE. OH, HERE WE GO. THESE ARE THE TWO BUILDINGS ALONG THE SOUTHERN EDGE THERE. THAT WILL BE THERE. THEY'RE NOT THERE YET. AND THE LOT NINE IS THE LOT WHERE THIS PROPOSED AMENDMENT IS. IT CURRENTLY HAS A BUILDING SETBACK OF 50FT FROM THE TECHNOLOGY LANE, WHICH IS TO THE RIGHT AS YOU'RE LOOKING AT THE SCREEN TO THE EAST. AS FAR AS ACTUAL DIRECTION GOES, ACROSS TECHNOLOGY LANE IS A LAY DOWN YARD FOR UTILITY COMPANY. WON'T MENTION WHICH ONE. THEY'RE FINE, BUT YOU KNOW, DON'T WANT TO ADVERTISE. AND SO THE IDEA OF THE BUILDING BEING A LITTLE BIT BIGGER BY GOING TO A 20 FOOT BUILDING LINE, IT HELPS CROSSWIND BECAUSE THEY CAN HAVE A LARGER BUILDING, BUT IT ALSO HELPS SHIELD. IF I GO BACK, YOU MIGHT BE ABLE TO GET A BETTER IDEA. IT HELPS SHIELD A LITTLE BIT. AS YOU'RE GOING UP MIKE HOWARD BOULEVARD AND YOU'RE LOOKING TO THE EAST. YOU CAN SEE PORTIONS OF THAT LAY DOWN YARD. AND IF THIS IS APPROVED AND THEY

[00:20:02]

BUILD THE BUILDING AND IT GOES CLOSER THAN IT WILL SCREEN, IF YOU WILL, THE BUILDING WILL ACT AS AS A SCREEN AS YOU'RE HEADING NORTH ON MIKE HOWARD. AND SO THAT WAS BROUGHT TO US. SEEMED LIKE A GOOD IDEA. WE RECOMMENDED APPROVAL, WENT TO PLANNING COMMISSION ON FEBRUARY. EXCUSE ME, NOVEMBER THE 8TH. THEY RECOMMENDED APPROVAL. WE'VE GOTTEN NO RESPONSES, BY THE WAY, TO THE NOTICES THAT WE SENT OUT. AND SO WE'RE RECOMMENDING APPROVAL. PNC RECOMMENDED APPROVAL. IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER IT. BUT LIKE I SAID, IT'S PRETTY SIMPLE. I DON'T KNOW IF I ACTUALLY EVER REALLY STATED. ALL WE'RE DOING IS PROPOSING THAT THE ONE SETBACK AT THIS ONE LOCATION, NOT IN THE ENTIRE DEVELOPMENT, BUT JUST THIS ONE LOT AND ONE ONE BUILDING BE AMENDED IN THE PD TO ALLOW THIS TO OCCUR, BUT NOTHING ELSE WILL CHANGE AS FAR AS THE DEVELOPMENT IS CONCERNED. THANK YOU. QUESTIONS FOR STAFF. OKAY. THIS IS A PUBLIC HEARING, SO I WILL OPEN THE PUBLIC HEARING AT THIS TIME. IS THERE ANYONE THAT WOULD WISH TO SPEAK ON THIS PARTICULAR ITEM? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. COUNCIL, IS THERE DISCUSSION ON THIS PARTICULAR ITEM? NO. IS THERE ANYONE LIKE TO MAKE A MOTION? MOVE TO APPROVE AN ORDINANCE TO AMEND THE PLAN TO BUILD THE 26 PROSPECT BUSINESS PARK ON 71FT POINT ONE PLUS MINUS ACRES TO REDUCE THE MINIMUM SIDE SETBACK ADJACENT TO TECHNOLOGY LANE ON PROSPECT BUSINESS PARK, BLOCK B, LOT NINE, LOCATED IN THE NORTHEAST CORNER OF MIKE HOWARD LANE AND SAFETY WAY. THANK YOU. WE HAVE A MOTION SECOND BY CAMERON REEVES. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. MR. HOOVER, I BELIEVE THAT IS THE SHORTEST PD AMENDMENT YOU HAVE EVER PRESENTED. THANK YOU. NO, THANK YOU ALL A MERRY CHRISTMAS. ALRIGHT. AND WE'LL WE'LL TAKE

[16. Consider and act upon an ordinance amending Ordinance No. 2023-60 (FY 2023-2024 Annual Budget). (CL)]

THE REST OF THAT TIME ON THIS NEXT ITEM. AGENDA ITEM NUMBER 16 IS CONSIDER AND ACT UPON AN ORDINANCE AMENDING ORDINANCE NUMBER 2023, DASH 60, WHICH IS THE FY 20 2324 ANNUAL BUDGET.

CHRIS LANDRUM THANK YOU, MAYOR AND PROSPER TOWN COUNCIL, THE ITEM FOR YOUR CONSIDERATION TONIGHT IS AN AMENDMENT TO THE 2324 BUDGET. THE FIRST AMENDMENT THAT WE'RE ASKING FOR IS TO THE FIRE SPECIAL PURPOSE DISTRICT. THIS IS A FUND THAT IS FUNDED BY ONE QUARTER CENT OF THE TAX RATE AND IS PRIMARILY USED TO FUND PERSONNEL FOR THE FIRE DEPARTMENT. IT HAS BEEN THE PRACTICE TO MAINTAIN A CASH BALANCE OF $25,000 IN THERE. TO MAKE SURE THAT WE MAINTAIN THAT BALANCE AT THE END OF THE FISCAL YEAR, WE TRANSFER SOME PERSONNEL COSTS OVER TO THIS FUND FROM THE FIRE DEPARTMENT TO MAINTAIN THAT BALANCE. THE SECOND AMENDMENT THAT WE'RE ASKING FOR IS TO THE TRS TO FUND THIS IS A SPECIAL REVENUE FUND. THAT WAS A GEOGRAPHICAL AREA THAT IS SET OUT BY THE COUNCIL. THIS IS THE FIRST YEAR THAT SALES TAX HAS BEEN COLLECTED IN THIS FUND. AND IT STARTED IN JANUARY OF 2024. OUR ESTIMATES WERE TO COLLECT ABOUT 8000 IN SALES TAX. THAT WAS EXCEEDED. ANY FUNDS THAT ARE COLLECTED IN THIS FUND ARE REMITTED TO THE DEVELOPER. THAT ARE IN EXCESS OF A FUND BALANCE OF $25,000. AND SO WE'RE ASKING FOR ROUGHLY 7400 TO COVER THAT AMOUNT. THE, THE INCREASE IN OVER THE FORECASTED ESTIMATE, THE THIRD AMENDMENT THAT WE'RE ASKING FOR IS IN THE PARK IMPROVEMENT FUND. SO THIS IS BEING ASKED FOR DURING THE YEAR.

THE CIP COMMITTEE. CHOSE TO USE THESE FUNDS TO PUT TOWARDS THE WINDSONG PARK NUMBER THREE DEVELOPMENT. WE DID NOT HAVE THAT IN THE ORIGINAL BUDGET. AND SO JUST TO MAKE TRUE ON THAT, WE'RE ASKING THAT THAT BUDGET AMENDMENT BE ADDED. AND THEN LASTLY, THERE IS $150,000 IN BUDGET AMENDMENT BEING ASKED FOR IN THE GENERAL FUND. THE PRIMARY DRIVER OF THIS IS OVERTIME BUDGETS FOR THE POLICE DEPARTMENT WERE EXCEEDED. IN SHIFT COVERAGE. YOU KNOW, EXTENSIVE TRAINING REQUIREMENTS AND THEN INCREASED COMPLEXITY OF SPECIAL EVENTS. AND WHILE WE DID NOT GO INTO DETAIL ON THE BUDGET AMENDMENTS WITH THE FINANCE COMMITTEE, WE DID BRIEFLY SPEAK

[00:25:05]

TO THE FINANCE COMMITTEE ABOUT THIS DIRECTION WAS GIVEN TO STAFF THAT GOING FORWARD INTO THE FUTURE. IT IS EXPECTED THAT TOWN DEPARTMENTS WILL STAY WITHIN THE ORIGINAL BUDGET AS ALLOCATED TO THEM, AND THAT HAS BEEN COMMUNICATED BACK TO STAFF. NOW I'M AVAILABLE FOR QUESTIONS AND ALSO WE HAVE THE POLICE DEPARTMENT HERE AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE.

ALL RIGHT. THANK YOU CHRIS I JUST WANT IF YOU'LL GO BACK ONE SLIDE TO ONE OF THE COMMENTS YOU MADE TOWARDS NUMBER TWO FUND. YOU SAID IT WAS THE FIRST YEAR TO COLLECT SALES TAX. IT'S THE FIRST YEAR THAT SALES TAX WAS AVAILABLE TO COLLECT. CORRECT. YEAH. THE TOURS HAS BEEN IN PLACE FOR A LONG. IT'S JUST THIS IS THE FIRST TIME IT ACTUALLY HAD FUNDS AVAILABLE TO COLLECT.

SO I DON'T WANT TO I WANT TO MAKE SURE THAT'S CORRECT. SO WITH THAT I'LL GO AHEAD AND I'LL LET THE COUNCIL BEGIN THEIR DISCUSSION ON THIS PARTICULAR ITEM. I'LL JUST SAY, YOU KNOW, BECAUSE IT'S A LOT OF TIMES WE DO GET MORE DETAILS, LIKE CHRIS WAS SAYING, YOU KNOW, WE DID DISCUSS THIS AND I CONCUR WITH WHAT, YOU KNOW, THE MESSAGE HE'S DELIVERED. IT'S A LOT OF MONEY.

IT'S UNEXPECTED. WE'RE EXPECTING THAT THE PROCESS HAS CHANGED NOW GOING FORWARD, AND THAT WE WOULD HEAR ABOUT THINGS MORE SO THAN IN A BUDGET AMENDMENT FORMAT, AND THAT THE BUDGET IS SET AT THAT GOAL. SO I JUST WANTED TO REITERATE THAT, YOU KNOW, WE DEFINITELY DISCUSSED THAT IN THE COMMITTEE AND THAT THAT THAT'S THE EXPECTATION GOING FORWARD. YEAH. THANK YOU. THANKS, CHRIS.

ACTUALLY, I'LL WEIGH IN A LITTLE BIT. I LIKE ACTUALLY MARIO, SINCE THIS IS YOUR BUDGET, TECHNICALLY, I'LL LET YOU WEIGH IN WITH COMMENTARY. YES, MAYOR. MEMBERS OF COUNCIL. YOU KNOW, THE MESSAGE WAS RECEIVED LOUD AND CLEAR. THERE IS NO DOUBT THAT THAT, YOU KNOW, WE COULD HAVE DONE BETTER ON IN THAT BUDGET. AND SO YOU HAVE MY COMMITMENT THAT THAT WE WILL DO THAT. THERE IS A MUCH GREATER EMPHASIS BETWEEN FINANCE AND THE USER DEPARTMENTS TO MAKE SURE THAT WE'RE MONITORING RESPECTIVE AREAS, SPECIAL LINE ITEMS. THERE ARE SOME THINGS THAT ARE JUST OUT OF OUR CONTROL. FUEL, ELECTRICITY. I CAN'T GUARANTEE THAT WE WON'T BE RUNNING HOT ON BUDGETS, BUT MY COMMITMENT TO THE COUNCIL AND TO THE FINANCE COMMITTEE THAT AS WE'RE GOING THROUGH THOSE LINE ITEMS OR THOSE KEY CATEGORIES WHERE THERE'S JUST THINGS THAT ARE RUNNING AHEAD OF WHAT WAS PLANNED, THAT WE'LL IDENTIFY THOSE, ESPECIALLY FROM A TRAINING PERSPECTIVE, BRING IT TO THE COMMITTEE'S FINANCE COMMITTEE'S ATTENTION TO SEE WHAT OPTIONS ARE AVAILABLE TO MITIGATE THAT, OR MAKE ADJUSTMENTS ACCORDINGLY TO THE BUDGET SO THAT WE DO MAKE THOSE ADJUSTMENTS DURING THE BUDGET CYCLE OR DURING THE FISCAL YEAR, AND NOT AT THE END AFTER THE AFTER THE FACT. THAT SHOULD NOT HAPPEN. BUT YOU HAVE MY COMMITMENT THAT WE WILL DO BETTER. THANK YOU FOR THAT. YEAH, I JUST HAD A COUPLE QUESTIONS JUST AND I, I AGREE, I MEAN THIS HAS HAPPENED. SO WE HAVE TO WE HAVE TO DO WHAT WE HAVE TO DO. BUT I DO WANT TO ASK FOR MOVING FORWARD. CAN YOU TELL ME WAS THE BUDGET THE OVERTIME BUDGET, BECAUSE THIS 150 IS AN OVERAGE ABOVE AND BEYOND WHAT WAS ALREADY BUDGETED IN OVERTIME AND WHAT WAS ALREADY BUDGETED IN PERSONNEL. SO CAN YOU TELL ME WHAT THE BUDGET WAS FOR 2324 FOR OVERTIME AND WHAT IT IS FOR THIS FISCAL YEAR? IT HAS IT INCREASED TO A POINT THAT WE FEEL LIKE THIS IS APPROPRIATE NOW OR I MEAN, WHERE ARE WE MOVING, MOVING FORWARD INTO THIS BUDGET CYCLE? RIGHT. SO ROUGHLY THE OVERTIME BUDGET FOR THE POLICE DEPARTMENT. AND I'M INCLUDING BOTH THE GENERAL FUND AND THE POLICE SPECIAL PURPOSE DISTRICT, BECAUSE THE INTERPLAY IS VERY SIMILAR TO HOW FIRE IS. IT'S ROUGHLY ABOUT $650,000 IN 25. WE INCREASE THAT BY ABOUT $80,000, PRIMARILY FOR NEW POSITIONS. AND AS TO THE ADEQUACY, I WOULD, I WOULD LIKE TO GET BACK UP FROM THE POLICE DEPARTMENT THAT THAT IS INADEQUATE NUMBER. YEAH. THANK YOU. CHIEF. SO HISTORICALLY, THE POLICE DEPARTMENT'S OVERTIME WAS UNDERFUNDED. AND WHAT WE'VE DONE IN THE PAST IS THE PAST. BUT UP UNTIL THIS POINT IN TIME, WE HAVE A CAN DO ATTITUDE, WHICH IS WHEN WE HAVE BEEN REQUESTED TO DO ANYTHING. WE'VE GOTTEN OUT THERE AND WE'VE DONE IT EVEN THOUGH WE WERE SHORT STAFFED. THE DIFFERENCE BETWEEN BEING SHORT STAFFED AND WE WOULD SPEND THE OVERTIME. AND THEN AT THE END OF THE YEAR, EVERYTHING WAS BALANCED IN FINANCE WITH THE SALARY SAVINGS. SO WE HAD SALARY SAVINGS COVERING THE OVERTIME. OVERTIME OVERAGES, IT ALL

[00:30:02]

BALANCED OUT. THE THINGS THAT WE LOOK AT ON A REGULAR BASIS, ON A MONTHLY BASIS THAT'S AVAILABLE TO ME IN THE POLICE DEPARTMENT IS OPERATIONAL COSTS. ASIDE FROM PAYROLL AND OVERTIME, AND WE ARE WITHIN BUDGET ON ALL THOSE. WE STAYED IN BUDGET ON ALL OF OUR OTHER EXPENDITURES. SO IT'S THE LONG ANSWER TO WE WERE HISTORICALLY UNDERFUNDED. WE MADE UP FOR IT, BALANCED IT WITH SALARY SAVINGS BECAUSE WE WERE NEVER ABLE TO GET UP TO FULL STAFF. WE ARE NOW GETTING IT FULL STAFF, SO WE'RE NOW CHANGING THE BUSINESS PLAN MOVING FORWARD, MORE COMMUNICATION BETWEEN US AND FINANCE TO GO FORWARD. AND ALSO WE'RE GOING TO HAVE TO MEND THEM CAN DO ATTITUDE. IT'S GOING TO BE WE'LL LOOK AT IT. WE'LL PUT TOGETHER A PLAN, SAY HOW MUCH IT'S GOING TO COST AND THEN SAY IF PERMISSION TO FINANCE IT. AND IF YOU SAY WE CAN'T FINANCE IT, THEN WE WON'T DO IT. BUT I GUESS THAT'S WHAT I GUESS MY QUESTION REALLY IS IF SO, LAST YEAR YOU HAD $650,000 IN BUDGET FOR OVERTIME, AND THAT WAS NOT ADEQUATE BECAUSE YOU OVERSPENT IT. SO THIS YEAR YOU'VE INCREASED THAT BY 80,000. MY QUESTION REALLY IS, IS THAT GOING TO BE ENOUGH FOR YOU TO OPERATE THE WAY YOU WANT TO, OR WERE THERE AND OR ARE THERE OPERATIONAL CHANGES SO THAT WE DON'T, YOU KNOW, HAVE THE I'M JUST TRYING TO MAKE SURE WE'RE FUNDING WHAT WE NEED TO FUND SO WE DON'T HAVE THIS AGAIN. RIGHT. WE WILL WE WILL BE MONITORING IT, WORKING WITH FINANCE, TRYING TO MAKE ADJUSTMENTS AS THEY OCCUR, COMMUNICATING WITH THE FINANCE COMMITTEE. BASICALLY, THIS IS PART OF THE REASON FOR POLICE AND FIRE HAVING DIFFICULTY WITH OVERTIME BECAUSE WE'RE 24 OVER SEVEN, 365. WE'RE ALWAYS OUT THERE. WE NEVER GET A DAY OFF. AND SO OVERTIME IS CONSTANTLY BEING EXPENDED. THE THINGS THAT WE DON'T KNOW GOING INTO A BUDGET ARE THE UNKNOWNS. IS IT GOING TO BE A MAJOR WEATHER EVENT THAT AND SO THOSE THINGS, AS THEY COME ALONG NOW WE WILL ADJUST FOR THEM, PLAN FOR THEM AND MOVE THAT INFORMATION FORWARD THROUGH THE MANAGER'S OFFICE TO THE FINANCE COMMITTEE. SO YOU ALL KNOW WHERE WE ARE AT ALL TIMES ON THIS. BUT CAN I TELL YOU RIGHT NOW, IS THERE ENOUGH IN THERE? MY GUESS IS PROBABLY NOT. BUT WE WILL TRY AND MAKE ADJUSTMENTS AS WE GO ALONG BECAUSE I SOME OF THE THINGS I DON'T KNOW, FOR EXAMPLE, MAJOR CASES, WE CAN HAVE A MAJOR CRIMINAL CASE THAT REQUIRES A LOT OF INVESTIGATION AND A LOT OF FOLLOW UP. AND WE COULD MAKE SOME PREDICTIONS ON HOW MANY WE MAY HAVE, BUT WE'LL WE'LL NEVER KNOW THE COMPLEXITY OF THE CASE. AND SOME OF THEM TAKE TAKE YEARS TO PLAY OUT. FOR EXAMPLE, I CAN TELL YOU ALL, WE JUST FOUND OUT TODAY THAT ON THE GUMMIES CASE, THE KIDS THAT WERE GIVEN THE GUMMIES IN THE DAYCARE CENTER, WE'RE GETTING A GUILTY PLEA AND THE PERSON'S PLEADING OUT, AND WE'LL BE SENTENCED ON DECEMBER THE 20TH. THAT TOOK A LOT OF TIME AND EFFORT AND INVESTIGATION. A LOT OF IT WENT INTO THE OVERTIME. SO THERE'S A LOT OF INTANGIBLES IN THERE. WE WILL TRY AND KEEP. WE'VE ALSO ASKED FOR OTHER CODES FROM FINANCE, OTHER FINANCE CODES, BECAUSE A LOT OF THINGS GET LUMPED TOGETHER, SAY SPECIAL ASSIGNMENT. THAT COULD BE SPECIAL EVENTS. THAT COULD BE THE COMMERCIAL MOTOR VEHICLES, THAT COULD BE ACACIA PARKWAY. THEY ALL GET LUMPED INTO THE SAME THING. THEN IT'S DIFFICULT FOR US TO GO BACK AND PICK IT APART. WE'RE NOW HAVE PERMISSION FROM FINANCE TO GET SPECIAL THINGS SO WE CAN TRACK EACH ONE OF THEM BETTER. SO WE WILL DO BETTER TRACKING AND BETTER FORECASTING AND MAKE SURE WE PUSH THAT INFORMATION FORWARD. SO IS IT THE INTENTION THEN TO MAYBE DO A MID-YEAR BUDGET AMENDMENT IF WE NEED TO? I MEAN, I DON'T KNOW WHAT THE FINANCE COMMITTEE HAS DISCUSSED IF ANYTHING LIKE THAT PROCESS WISE. YEAH, I DON'T KNOW IF THAT'S BEEN DISCUSSED TO THAT LEVEL OF DETAIL. IF IT'S A MID-YEAR, I THINK THE THING IS, IS, IS IF THINGS COME UP AND AGAIN, WHO KNOWS, IT COULD BE A WEATHER EVENT THAT THAT'S JUST A 2021 EVENT WHERE IT'S JUST EVERYTHING SHUT DOWN. BUT YOU'VE GOT TO HAVE 24 OVER SEVEN, RIGHT? AND ADDITIONAL FOLKS IN A BUILDING JUST TO KEEP THEM SAFE SO THEY DON'T HAVE TO DRIVE TO AND FROM HOME. WHEN THOSE KINDS OF THINGS HAPPEN. AS, AS THE CHIEF MENTIONED, UNPREDICTABLE. BUT IF THEY DO HAPPEN, I THINK IT'S IMPORTANT UPON THE STAFF TO COMMUNICATE THAT ACCORDINGLY TO THE FINANCE COMMITTEE. SAY, HEY, THIS EVENT WAS EXTRAORDINARY, UNPLANNED. WE HAD TO RESPOND.

AND SO IT'S PRETTY SIZABLE. AND SO WE NEED SOME RELIEF OR YOU UNDERSTAND THAT, THAT THINGS ARE TRENDING A LOT HIGHER. AND SO WE MAY NEED TO COME TO A BUDGET AMENDMENT OR, OR SOME OTHER ADJUSTMENTS. BUT I THINK FOR US IT'S DOING A BETTER JOB COMMUNICATING AS SOON AS WE CAN TO THE FINANCE COMMITTEE TO APPRIZE OF THESE KINDS OF ISSUES. OKAY, GREAT. THAT'S ALL MY QUESTIONS. GREAT. YEAH. I JUST HAVE A QUICK QUESTION. SURE. SOMETHING YOU ALLUDED TO,

[00:35:04]

CHIEF, WITH THE 20 I GUESS IT WAS 2022 CASE WITH THE DAYCARE. YES. THAT SO DID THAT PART OF THAT OVER TIME BILL WENT TO LAST YEAR'S BUDGET. I MEAN HOW LONG? I GUESS WHAT I'M ASKING IS HOW FAR IN THE FUTURE CAN WE EXPECT WHEN IT GOES INTO THE IT'S TOUGH TO PREDICT. IT DEPENDS A LOT ON THE DISTRICT ATTORNEY'S OFFICE. THIS ONE INDIVIDUAL DID NOT WANT TO PLEAD OUT UNTIL THIS. THIS WEEK, THE TRIAL WAS SUPPOSED TO BE DECEMBER THE 9TH, AND THEY TOOK IT RIGHT UP TO THE 11TH HOUR. SO THERE'S A LOT OF CASE PREPARATION THAT GOES INTO EFFECT. SO YEAH, IT OCCURRED IN 22. I THINK IT WAS OCTOBER OF 2022. SO IT WAS IN THE 2223 BUDGET. BUT AS WE WENT FORWARD, THERE WAS MORE CASE PREPARATION MEETING WITH THE DETECTIVES, COURT TIME. AND SO IT WENT INTO THE 2324 BUDGET. AND NOW IT'S EVEN IN THE 2425 BUDGET BECAUSE THEY'RE JUST NOW PLEADING OUT.

SO MAJOR CASES CAN CAN SPILL OUT OVER THE COURSE OF A FEW YEARS. SO WE COULD SEE OTHER THINGS.

THAT COULD BE FIVE YEARS. IT COULD BE. YEAH OKAY. OKAY. THANK YOU. YOU BET. REAL QUICK, CHIEF, THANKS FOR TAKING THESE QUESTIONS. WHEN YOU SAY UNDERFUNDED, WHAT CAN YOU UNPACK THAT FOR ME? IS THAT BASED ON WHEN YOU SAT DOWN WITH WITH FINANCE AND SET THE BUDGET, YOU KNOW, THERE WAS AN ALLOCATION PUT ASIDE THERE? IS IT BASED ON PERSONNEL? DO YOU TAKE A PERCENTAGE OF HOW DO YOU ARRIVE AT UNDERFUNDED? OKAY. GENERALLY WE'RE ASKING FOR POSITIONS. AND WHAT THE INSTRUCTIONS WE'VE RECEIVED. AND SOMEONE CORRECT ME IF I'M WRONG. THE PERSONNEL CALCULATORS ARE NOT TOUCHED BY THE DEPARTMENT. THEY'RE DONE BY HR AND FINANCE. SO THOSE THOSE PREDICTIONS ARE MADE OVER IN THOSE DEPARTMENTS GOING FORWARD. IF YOU DON'T IF YOU DON'T MIND IF I FOLLOW UP ON THAT. SO CHIEF AND THIS THIS IS A POINT THAT I WANT TO MAKE SURE WE GET CLARIFIED. SO YOU TURN IN YOUR PERSONNEL NUMBERS AND THEN ANOTHER DEPARTMENT SAYS, OH, THE STANDARD FOR THE OVERTIME FOR THAT SHOULD BE X, NOT NOT THE POLICE DEPARTMENT OR THE FIRE DEPARTMENT OR ANY DEPARTMENT. IT'S A PERSONNEL PRETTY MUCH. YEAH. THE PERSONNEL CALCULATORS ARE HANDLED BY HR AND FINANCE. OKAY. WHAT THE PERSONNEL CALCULATIONS. YOU DON'T MAKE A DEPARTMENT REQUEST FOR OVERTIME. NO. UNLESS WE KNOW THERE'S SOMETHING REALLY MAJOR COMING DOWN THE PIKE. LIKE, NOT THIS YEAR COMING UP, BUT WE JUST DISCUSSED IT IN COMMAND STAFF TODAY. IT'LL BE. WELL, YEAH, IT WILL BE IN 25. BUDGETING COMING UP IN THE 26. WE'RE NOW FINDING OUT WHAT THIS WORLD CUP SOCCER. WE MAY BE PULLED INTO IT. AND THERE'S GOING TO BE A LOT OF THERE'LL BE A LOT OF SPECIAL EVENT OVERTIME IN THERE. AND AS WE GET THAT INFORMATION, WE'LL PUSH IT ALONG TO THE CHAIN, TO THE FINANCE COMMITTEE. BUT THAT WASN'T EVEN ON OUR RADAR WHEN THE BUDGET WAS DONE. OKAY. SO CHRIS, YOU HAVE A COMMENT THAT I MADE CLARIFY ON THAT POINT. SO THE OVERTIME EACH YEAR IS BROUGHT FORWARD ON THE NON-DISCRETIONARY ITEMS THAT THE DEPARTMENTS ASK FOR. SO ITEMS THAT, YOU KNOW, THEY, THEY FEEL THEY NEED TO CONTINUE THE SAME LEVEL OF SERVICE, ANY ADDITIONAL OR INCREASE IN OVERTIME OF THE EXISTING STAFF IS INCLUDED ON THAT NON-DISCRETIONARY REQUEST ITEM. SO IT'S A IT'S A PACKAGE THAT THE DEPARTMENTS PUT TOGETHER AND, AND ASK FOR INCREASES TO THEIR BUDGET FROM. A LOT OF TIMES IT'LL BE PRICE INCREASES ON A PARTICULAR SERVICE OR SOFTWARE. AND SO INCLUDED IN THAT, IF THE DEPARTMENT FEELS THAT THERE'S AN INCREASE NEEDED IN OVERTIME THAT IS NOT ASSOCIATED WITH ANY NEW PERSONNEL OR ANYTHING LIKE THAT, THEY WOULD PUT ON THAT NON-DISCRETIONARY ITEM AND THEN THAT WOULD BE CONSIDERED BY THE CITY MANAGER'S OFFICE OR TOWN MANAGER'S OFFICE. OKAY. THANK YOU. SO I'M GOING TO KIND OF GIVE MY OVERALL CLARIFICATION TO WHAT WHAT I BELIEVE I'M HEARING WITH ALL OF THIS. AND I'LL HOPEFULLY EXPRESS THE WILL OF THE COUNCIL. AND I KNOW IT'S THE WILL OF THE FINANCE COMMITTEE, AS MARIO SAID, IS THE BUDGET IS THE BUDGET OKAY? WE ALL WE SPENT WEEKS, MONTHS, A YEAR PREPARING IT. AND IF WE'RE GOING TO EXCEED THE BUDGET THERE, THAT IS NOT ACCEPTABLE THAT WE GET TO THE END OF THE YEAR AND WE HAVE THAT. SO AS LONG. I THINK AS A COMMUNITY, WE RECOGNIZE THERE'S SOME COMMUNICATION GAPS ALONG THE WAY. AND WE ARE CERTAINLY NOT SAYING TO NOT FUND ALL THAT OVERTIME THAT IS NOT UNDERFUNDED OR ANY OF THAT. WE ARE 100% ESPECIALLY THIS COUNCIL IS 100% BEHIND OUR PUBLIC SAFETY. TELL US WHAT YOU NEED. WE'LL FUND IT TO THAT LEVEL APPROPRIATELY. AND THEN IF YOU NEED MORE THAN THAT, YOU AND I, THAT'S FOR ALL PUBLIC SAFETY, ALL DEPARTMENTS. THEN THAT'S A COUNCIL DECISION TO EXCEED IN THAT PARTICULAR AREA.

SO WE ARE FULLY SUPPORTIVE OF YOU AND YOUR TEAM AND THE OFFICERS, AND WE JUST NEED TO MAKE SURE THAT WE SET THE BUDGET, ADHERE TO THE BUDGET. IF THERE'S A CHANGE NEEDED. I GUARANTEE THIS COUNCIL WILL SUPPORT EVERYBODY IN DOING THAT. SO THAT'S EXCELLENT. I HAVE ONE

[00:40:04]

THING AND IT'S IT STARTED ACTUALLY EVEN BEFORE THIS ISSUE CAME UP, WE WERE COMING HERE. WE HAVE AN EXCELLENT RELATIONSHIP WITH FINANCE AND THE FINANCE DIRECTOR HAS GIVEN US HIS COMMITMENT BEFORE THIS CAME UP, TO MEET WITH US ON A MONTHLY BASIS TO TALK ABOUT WHERE WE ARE, PARTICULARLY ON BUDGET AND ON OVERTIME. AND WE JUST HAD ONE OF THOSE MEETINGS EARLIER TODAY.

IT'S NOT AN ADVERSARIAL RELATIONSHIP. WE HAVE A GOOD RELATIONSHIP WITH OUR WITH OUR OTHER COLLEAGUES IN THE CITY GOVERNMENT. AND I APPRECIATE WHAT YOU JUST SAID. AND THAT IS GREAT. WE WILL WE WILL MOVE FORWARD AND WORK ON THE NUMBERS. IT IT'S A CHANGE IN THE BUSINESS PLAN, BUT WE'LL ADAPT TO THE CHANGE. NO PROBLEM. CORRECT. AND I BELIEVE YOU DO POINT THAT OUT.

THAT IS A CHANGE THAT THE FINANCE COMMITTEE AND THE FINANCE DEPARTMENT HAVE EMBRACED. AND WE'RE NOW SEEING THE REPERCUSSIONS OF THAT. AND GOING FORWARD, THE TOWN MANAGER IS CHARGED WITH ADHERING TO THE BUDGET AND THEN THROUGH THE DEPARTMENTS. SO WITH THAT, ARE THERE ANY OTHER QUESTIONS THAT. YES, SIR. WELL, I WAS JUST GOING TO GOING TO MAKE A COMMENT THAT, YOU KNOW, WITH, WITH THE ITEM THAT WE APPROVED IN THE CONSENT AGENDA, HOPEFULLY THAT THAT WILL GIVE SOME DELIVERABLES THAT THAT CAN HELP WITH WITH THIS AS WELL. YES, SIR. ON THE AIR SALARY COMPENSATION STUDY. YES, SIR. ANY OTHER COMMENTS? IT'S PROBABLY A WRONG TIME TO ASK THAT. SO ARE THERE ANY OTHER COMMENTS ON THIS PARTICULAR AGENDA ITEM? IS THERE ANYONE THAT WOULD LIKE TO MAKE A MOTION? WOULD SOMEONE FROM THE FINANCE COMMITTEE WHO HAS SEEN THIS EXTENSIVELY? MR. I MOVE TO APPROVE THE AMENDING ORDINANCE. NUMBER 2023 DASH 60 FY 20 2324 ANNUAL BUDGET TO PROVIDE FUNDING INCREASED EXPENDITURES IN THE GENERAL FUND, FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT FUND TERMS NUMBER TWO FUND AND PARK IMPROVEMENT FUND. YES. WE HAVE A MOTION BY MARK, A SECOND BY CHRIS KERN. ALL IN FAVOR? MOTION

[17. Consider and act upon authorizing the Town Manager to execute Change Order No. 1 to Dean Construction to include a water well and all required appurtenances, new electrical service to a well and well equipment, multi-use field irrigation, and a hike and bike trail with a pedestrian bridge at Raymond Community Park in the amount of $2,637,633. (DB)]