[A-1 Request that the City Council consider recognizing the following employees for their years of service and commitment to the City of Tyler. They represent 145 years of service with the City of Tyler.]

AWARDS.

ALL RIGHT. THIS MORNING WE HAVE FIVE AWARDS THAT REPRESENT 145 YEARS OF SERVICE. FIRST, WE HAVE SCOTT STARKEY, FIRE DRIVER, ENGINEER, 25 YEARS OF SERVICE HERE.

WORK AROUND THE WATER. THANK YOU. I NEED A STOOL. THANK YOU. NEXT, WE HAVE BRIAN BOWMAN, POLICE SERGEANT, 25 YEARS OF SERVICE.

NEXT WE HAVE CHESTER MAYO, TREATMENT PLANT OPERATOR 25 YEARS OF SERVICE.

OKAY. THANK YOU. AND NEXT WE HAVE GARY SMITH, BUILDING SERVICES SUPERVISOR, 35 YEARS OF SERVICE. OH, SORRY. I. AND LAST WE HAVE JOSE PARGA, PARKS MANAGER, 35 YEARS. YOU LOOK GOOD BY THE. AND JUST REAL QUICK BEFORE

[00:05:17]

EVERYONE LEAVES. LEAVES 145 YEARS. THAT'S A LONG TIME. AND FOR FIVE GUYS JUST TO HAVE THAT MUCH TIME TOGETHER, IT MEANS A LOT. AND I'VE SEEN YOU GUYS AROUND FOR MANY, MANY YEARS. AND JUST THEIR LOYALTY TO THE CITY, YOUR EXAMPLE TO THE YOUNG PEOPLE ABOUT STICKING WITH THE JOB MEANS A LOT. SO THANK YOU ALL FOR WHAT YOU DO AND APPRECIATE YOUR SERVICE TO THE CITY OF TYLER. YES.

JAMES COLON. ALL RIGHT. Z1 CARL. GOOD MORNING, MAYOR AND COUNCIL. AND WE HAVE ONE ITEM TODAY. THIS

[Z-1 Z25-008 MD DIVINE HOMES LLC (2921 NORTH BORDER AVENUE) Request that the City Council consider adoption of an Ordinance approving a zone change from R-2, Two- Family Residential Duplex District to R-1D, Single-Family Detached and Attached Residential District.]

IS A REQUEST FOR A ZONE CHANGE FROM TWO FAMILY RESIDENTIAL DISTRICT TO R-1 SINGLE FAMILY RESIDENTIAL DISTRICT. THIS IS ON NORTH PORTER AVENUE. THIS PROPERTY IS AT THE CORNER OF NORTH BORDER AND WEST 32ND STREET. TO THE WEST IS A DAYCARE FACILITY AND THEN IS SURROUNDED BY RESIDENTIAL DEVELOPMENT TO THE SOUTH AND EAST. TO THE NORTH IS THE GLASS REC CENTER. THE APPLICANT IS REQUESTING THIS ZONE CHANGE TO FACILITATE INFILL DEVELOPMENT ON THIS PROPERTY AS A CORNER LOT. THE PROPERTIES TO THE SOUTH ARE DEVELOPED WITH SINGLE FAMILY HOMES. THIS WILL ALLOW THE PROPERTY OR FACILITATE THE DEVELOPMENT OF THE SINGLE FAMILY HOME ON THIS LOT AS WELL.

AND WILL ALLOW A LITTLE BIT MORE FLEXIBILITY IN THE BUILDABLE AREA SO THEY CAN BUILD A HOME THAT IS CONSISTENT WITH THE SURROUNDING HOMES WITHIN THE NEIGHBORHOOD. OF THE NOTICES THAT WERE SENT OUT. NONE WERE RETURNED IN FAVOR OR IN OPPOSITION TO THIS REQUEST, AND THE PLANNING COMMISSION, BY UNANIMOUS VOTE RECOMMENDS APPROVAL. ANY QUESTIONS FOR CARL? I APPROVE. SECOND, GOT A MOTION BY MARK. SECOND BY WENDY. FURTHER DISCUSSION. ALL THOSE IN FAVOR SAY AYE. OPPOSED. MOTION CARRIES. THANKS, CARL. R-1. BECAUSE COUNCILMAN MARSH HAS TO

[R-1 Request that the City Council consider adopting a Resolution nominating Tyler Regional Hospital, LLC - UT Health Tyler, for award of a State of Texas Enterprise Zone Project designation and the Job Retention Benefit under the Enterprise Zone Program.]

RECUSE HERSELF ON THIS ONE. SHOULD SHE STEP AWAY FROM THE DAIS? YES. ALICIA. OKAY.

APPROACHES. ALL RIGHT. R-1. GOOD MORNING. MAYOR. COUNCIL. GOOD MORNING. THIS IS A REQUEST TO CONSIDER ADOPTING A RESOLUTION NOMINATING TYLER REGIONAL HOSPITAL. THE UT HEALTH TYLER FOR AN AWARD OF A STATE OF TEXAS ENTERPRISE ZONE PROJECT DESIGNATION. AND THE JOB RETENTION BENEFIT UNDER THE ENTERPRISE ZONE PROGRAM. THE ARDENT OPERATES THE UT HEALTH TYLER HOSPITAL SYSTEM IN PARTNERSHIP WITH THE UNIVERSITY OF TEXAS SYSTEM TYLER REGIONAL AS A FULL SERVICE, 502 BED FACILITY THAT OFFERS AN EMERGENCY DEPARTMENT AS WELL AS A BROAD SPECTRUM OF ADVANCED HEALTH CARE PROGRAMS AND CLINICAL SERVICES. SO OVER THE NEXT FIVE YEARS, ARDENT PLANS TO INVEST $5 MILLION TO UPGRADE THE FACILITY AND MODERNIZE MEDICAL EQUIPMENT. THESE PLANNED INVESTMENTS WILL ALLOW TYLER REGIONAL TO CONTINUE TO PROVIDE QUALITY CARE TO THOSE IN NEED AND OFFER A WIDE RANGE OF SERVICES TO TYLER, OUR TYLER COMMUNITY AND THE SURROUNDING COMMUNITIES AS WELL. ARDENT CURRENTLY HAS 2569 EMPLOYEES.

JUST OVER 1500 OF THOSE ARE FULL TIME JOBS, PER THE DEFINITION OF THIS PROGRAM. DURING THE DESIGNATION, TYLER REGIONAL EXPECTS TO CREATE AT LEAST TEN NEW JOBS AND MAINTAIN THE EXISTING LEVELS OF EMPLOYMENT AT THEIR RESPECTIVE FACILITIES IN TYLER, AND RETAIN ALL FULL TIME JOBS FOR BENEFITS UNDER THE ENTERPRISE ZONE PROGRAM. TYLER REGIONAL IS TARGETING TO HIRE 35% ECONOMICALLY DISADVANTAGED PERSONS, VETERANS OR ENTERPRISE ZONED RESIDENTS FOR NEW OR

[00:10:03]

REPLACEMENT PERSONNEL FOR CERTIFIED JOBS DURING THIS DESIGNATION PERIOD, WHICH IS FIVE YEARS. THEIR INVESTMENT IS UPDATING THE UT HEALTH TYLER HOSPITAL IN AN EXCITING AND INTEGRAL PART OF ITS COMMITMENT TO THE TYLER COMMUNITY. SO WITH THAT, IT IS RECOMMENDED THAT THE CITY COUNCIL CONSIDER ADOPTING A RESOLUTION NOMINATING TYLER REGIONAL HOSPITAL, UT HEALTH TYLER FOR AWARD OF STATE OF TEXAS ENTERPRISE ZONE PROJECT DESIGNATION AND THE JOB RETENTION BENEFIT UNDER THE ENTERPRISE ZONE PROGRAM. ANY QUESTIONS FOR HEATHER? MOVE TO APPROVE OR ONE SECOND A MOTION BY ONE SECOND BY HAWKINS. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED. MOTION CARRIES. ALL RIGHT. OH ONE. RIGHT. THIS

[O-1 Request that the City Council consider adopting an Ordinance amending Tyler City Code Chapter 12 by establishing airport hazard area zoning regulations for Tyler Pounds Regional Airport, establishing and defining the authority of the Zoning Board of Adjustment and Appeals regarding such regulations, and providing definitions; and also amending Tyler City Code Chapter 10 by requiring a notation on Subdivision Plats located in Airport Height Hazard Zoning Districts.]

NEXT ITEM, THIS NEXT ITEM HAS BEEN A COLLABORATIVE EFFORT BETWEEN THE CITY PLANNING STAFF, PLANNING STAFF AS WELL AS THE AIRPORT STAFF HERE IN THE CITY. TYLER POUNDS REGIONAL AIRPORT.

THIS HAS BEEN INTENDED TO ADDRESS AND PREPARE FOR DEVELOPMENT AROUND THE AIRPORT.

PRIVATE DEVELOPMENT THAT WE'VE WE'VE SEEN OVER THE YEARS AND TO BE PROACTIVE IN MEETING OUR OBLIGATIONS WITH THE FAA. SO STAFF HAS CONDUCTED RESEARCH AND LOOKED AT SOME SOME TOOLS THAT ARE AVAILABLE TO THE CITY. BUT BEFORE I GET UNDERWAY, I'M GOING TO LET STEVE. STEVE THOMPSON WITH THE AIRPORT KIND OF TALK ABOUT THE, YOU KNOW, WHAT WE'RE REQUIRED TO DO, WHY WE'RE HERE TODAY. AND THEN I'LL COME BACK AND DISCUSS SOME OF THE FINER DETAILS. THANKS, CARL. GOOD MORNING, MAYOR COUNCIL. GOOD MORNING. GOOD MORNING. AS KYLE MENTIONED, I'M HERE JUST TO BRIEFLY COVER THE WHY PORTION AND ANSWER ANY QUESTIONS YOU MIGHT HAVE AS FAR AS IMPLICATIONS OF WHAT WE'RE DOING. BUT BASICALLY, AS YOU ALL KNOW, THE AIRPORT IS AN ECONOMIC ENGINE FOR THE CITY. AND REALLY IT'S A RESOURCE FOR THE ENTIRE REGION. IT'S JUST IT'S AN ASSET THAT WE REALLY HAVE A DUTY AND OBLIGATION TO PROTECT LONG INTO THE FUTURE. AND WHAT THIS CHANGE IN ORDINANCE DOES IS BASICALLY PROVIDES PROTECTION FOR AIRCRAFT PATHWAYS IN AND OUT OF THE AIRPORT, WHICH WOULD BE PRETTY MUCH OBVIOUS, BUT ALSO PROVIDE SOME PROTECTION FOR PEOPLE, STRUCTURES AND RESOURCES ON THE GROUND. SO IT'S A VERY ALL ENCOMPASSING EFFORT TO REALLY TRY TO MAKE SURE THAT THE FUTURE DEVELOPMENT AROUND THE AIRPORT DOES NOT INFRINGE ON THE ABILITY TO OPERATE THE AIRPORT SAFELY. AS YOU CAN SEE ON THE SLIDE, THE GOAL IS TO PREVENT THE CREATION OF HAZARDS TO AIRCRAFT COMING IN AND OUT OF THE AIRPORT. AND AS I MENTIONED, ALSO TO PROTECT PEOPLE AND STRUCTURES ON THE GROUND. WE'VE DONE A GREAT DEAL OF INVESTING ON AN ANNUAL BASIS, JUST WITH THE STAFF THAT'S OUT THERE AND MAINTAINING THE AIRPORT, BUT ALSO THE INFRASTRUCTURE INVESTMENT THAT, AS YOU KNOW, IS GREATLY FUNDED BY THE FAA. NEXT SLIDE. I'LL READ JUST REAL BRIEFLY RIGHT FROM THE FAA WEBSITE. BASICALLY, IT STATES WHEN AIRPORT OWNERS ARE SPONSORS, PLANNING AGENCIES OR OTHER ORGANIZATIONS ACCEPT FUNDS FROM FAA ADMINISTERED AIRPORT FINANCIAL ASSISTANCE PROGRAMS. THEY MUST AGREE TO CERTAIN OBLIGATIONS OR ASSURANCES. THESE OBLIGATIONS REQUIRE THE RECIPIENTS TO MAINTAIN AND OPERATE THEIR FACILITIES SAFELY AND EFFICIENTLY, AND IN ACCORDANCE WITH SPECIFIED CONDITIONS. SO THERE ARE BASICALLY 40 DIFFERENT GRANT ASSURANCES. YOU CAN SEE THE ONE THAT'S MOST APPLICABLE TO WHAT WE'RE TALKING ABOUT TODAY. BUT THIS JUST OUTLINES OUR OBLIGATION AS A RECIPIENT OF THOSE FEDERAL FUNDS. AND AS YOU KNOW, ALL OF OUR CAPITAL PROJECTS ARE FUNDED SOMETIMES AT 90, SOMETIMES AT 95%, AND EVEN SOMETIMES AT 100%. IN TERMS OF OUR OUR FRIDGE THAT WAS PURCHASED TWO YEARS AGO. SO WE'RE VERY RELIANT UPON THAT FUNDING FOR OUR FUTURE OPERATIONS. AND WE DON'T WANT TO JEOPARDIZE THAT BY ALLOWING SOME TYPE OF DEVELOPMENT THAT WE COULD HAVE ALTERED, CHANGED, OR AT LEAST, YOU KNOW, USED IT. THIS MECHANISM THAT WE'RE PROPOSING TO MAKE SURE THAT IT DOESN'T INFRINGE UPON AIRCRAFT COMING AND GOING. SO UP TO THAT POINT, ANY QUESTIONS ON THE WHY PIECE BEFORE KYLE GETS INTO THE HOW? OKAY, YOU'RE GOING TO EXPLAIN THIS MAP. YEAH I'M NOT GOING TO. THIS IS JUST THE MAPS IN REFERENCE TO THE LAST BULLET POINT THERE TALKING ABOUT DISCOURAGING USES WITHIN THE RPGS. CAN WE GO BACK TO THE PLAN? OH, YEAH. WITHIN THE RPGS, WHICH ARE THE RUNWAY PROTECTION ZONES AND THE JUST HIGHLIGHTED THERE IN RED, WELL, CIRCLED IN RED, THOSE ARE OFF THE ENDS OF THE RUNWAYS. GOOD. COULD YOU AND STEVE, TO KIND OF JUST A REAL QUICK KIND OF HELP CENTER EVERYBODY WHERE SO THAT THEY KNOW KIND OF WHAT THEY'RE LOOKING AT IN RELATIONSHIP TO TYLER COUNTY AIRPORT. SO ACTUALLY I HAVE OTHER MAPS. WELL, YEAH, THAT HELPS. BUT THIS IS THE THIS IS THE, THE PART OF

[00:15:05]

THIS. WELL, THE, THE AIRPORT IN RELATION TO STREETS AND HIGHWAYS ON THE WEST SIDE, WEST SIDE OF TOWN, THAT THAT BLUE BLUE LINE AROUND THERE IS THE CITY LIMITS. SO THAT DOES GO OUT TO SURROUND THE AIRPORT PROPER. AND THIS IS ESSENTIALLY THIS KIND OF THE SAME MAP HERE OR SAME AREAS WITH THAT, THOSE BLACK AREAS AND PATCH, THOSE ARE THE AREAS THAT ARE AFFECTED BY MOSTLY AFFECTED BY THE LAND USE RESTRICTIONS THAT ARE BEING PROPOSED. SO THIS KIND OF HELP ORIENT THE LOCATION. SO DOES THE ORDINANCE AFFECT THE ENTIRETY OF WHAT'S OUTLINED IN BLACK OR JUST THE PART IN BLACK THAT'S IN THE CITY LIMITS? EVERYTHING THAT'S IN BLACK INSIDE, IN AND OUTSIDE THE CITY LIMITS. SO ON ALL THE BLACK AREAS, ARE THERE EXISTING STRUCTURES NOW IN THE BLACK? YES. IF THERE ARE EXISTING STRUCTURES, YEAH. THERE ARE EXISTING STRUCTURES OUTSIDE THE BLACK AREAS. BUT THIS, THIS ORDINANCE WOULD APPLY TO THOSE AREAS. WHAT'S IN WHAT'S IN THEM NOW AND WHAT CAN BE IN THEM IN THE FUTURE. SO BUT THE ORDINANCE IS SAYING YOU CANNOT HAVE A STRUCTURE INSIDE THE BLACK. NO, IT'S SO KIND OF COME BACK TO KIND OF WHAT'S BEING PROPOSED HERE. SO IT DOESN'T PROHIBIT A STRUCTURE FROM BEING IN, IN THE BLACK, THE BLACK AREAS. IT DOES ESTABLISH. THREE. MAYBE IT'S. THREE LAND USES THAT ARE THAT DO NOT NEED ANY FURTHER REVIEW IN THE ORDINANCE TO DO. AND THOSE ARE ESSENTIALLY THINGS WITHOUT STRUCTURES WHICH, WHICH ARE SURFACE PARK AND AGRICULTURAL ACTIVITY. AND THEN IF THERE ARE ANY OTHER USES THAT THOSE CAN BE EVALUATED ON A CASE BY CASE BASIS, THROUGH, THROUGH ESSENTIALLY THE VARIANCE PROCESS. AND THAT WILL INVOLVE FAA FEEDBACK FROM THE FAA ON WHETHER THAT THAT ACTIVITY WOULD, IN THEIR OPINION, BE DETRIMENTAL TO THE TO ESSENTIALLY THE RUNWAY CLEARANCE. AND SO THE WAY TO LOOK AT IT IS, YOU KNOW, THERE ARE THERE ARE THREE THAT ARE AS IS BY RIGHT, NO FURTHER REVIEW. THAT DOES NOT PRECLUDE THAT'S NOT AN EXHAUSTIVE LIST. THERE ARE THERE IS A MECHANISM AND ABILITY TO DO OTHER THINGS. SO IF YOU HAVE A STRUCTURE IN THERE NOW AND WANT TO CONTINUE THAT OR BUILD SOMETHING NEW THAT'S NOT ALREADY PRE-CLEARED, IF YOU WILL, THEN THERE IS A MECHANISM TO DO THAT. SO ONE OF THE SCREENS HAD 75FT ON IT. CAN YOU SHOW THAT SCREEN. SO THIS IS SO THERE'S TWO TWO THINGS HERE. ONE IS TO FORMALIZE AND ESSENTIALLY MIRROR THE FAA GUIDANCE ON ANY ANY HEIGHT ACTIVITY THAT HAS STRUCTURES WITH WITH TALL BUILDINGS. SO AS IT STANDS RIGHT NOW, YOU KNOW, THROUGH THE FAA. IF YOU'RE BUILDING SOMETHING AROUND THE AIRPORT, YOU DO HAVE TO GET A CLEARANCE OR DO AIRSPACE STUDY IN A DETERMINATION OF NO NO HAZARD FROM THE FAA. THAT SHOULD BE THAT SHOULD BE DONE NOW. RIGHT NOW, THE CITY DOESN'T HAVE ANYTHING THAT THAT NECESSARILY REQUIRES THAT THE FAA DOES EXPECT THE CITY TO ENFORCE THAT. THIS WILL ALLOW US TO DO THAT. THERE ARE EXCEPTIONS, LIKE YOU MENTIONED, ANYTHING UNDER 75FT IS GENERALLY EXCLUDED FROM HAVING TO GET A HEIGHT HAZARD PERMIT. SO THAT'S WHEN THIS THIS AREA HERE WILL DO THAT. AGAIN. THESE ARE ONLY THE AREAS THAT ARE SUBJECT TO HAVING TO RECEIVE A HEIGHT HAZARD PERMIT. ALONG WITH THAT FAA. WELL, THAT INCLUDES FAA FINDING OF NO NO HAZARD. THOSE ARE GENERALLY AREAS THAT ARE AGAIN ON THE ON THE ROADWAYS IN IN PRETTY CLOSE TO IT. AND SO THAT IS AN ADMINISTRATIVE PROCESS. IT'S A TEN DAY MAX REVIEW PROCESS WITH THE AIRPORT MANAGER. AND THE MAIN THING BEHIND THAT IS TO HAVE THAT FAA DETERMINATION. AND I THINK THAT'S MORE OR LESS ALL THAT'S REQUIRED. ANYTHING OUTSIDE OF THAT BLACK AREA THERE YOU SEE AROUND THOSE WELL OUTSIDE THAT BLACK AREA DOES NOT REQUIRE ANY HEIGHT PERMIT FROM THE CITY. IT MAY STILL REQUIRE SOMETHING FROM THE FAA, BUT WE ARE NOT OBLIGATED TO ENFORCE THAT AREA. AND SO THAT'S THE ONE PART. THERE IS THE HEIGHT HAZARD

[00:20:03]

PERMIT. THE OTHER PART IS THAT USE RESTRICTIONS, WHICH AGAIN IS TO ENSURE THAT THE CITY HAS OR IS ENFORCING LAND USE COMPATIBILITY IN THOSE AREAS THAT ARE HIGH HAZARD, WHICH ARE THAT AREN'T. AGAIN, THE ORDINANCE WILL ESTABLISH ESSENTIALLY WHAT THE FAA HAS ALREADY SAID ARE ALWAYS, YOU KNOW, ALWAYS GOOD TO GO, WHICH ARE THE UNDEVELOPED AGRICULTURAL AND SURFACE PARKING. AND IF THERE'S ANYTHING BEYOND THAT THAT WANTS TO ANYBODY THAT WANTS TO DO SOMETHING DIFFERENT THAN THAT, THERE'S THAT THAT PROCESS TO SEE THAT THROUGH AND TO MAKE SURE THAT WE ARE NOT, YOU KNOW, APPROVING USES IN CONFLICT WITH FAA GUIDANCE. WE WOULD REQUIRE THAT THERE IS THAT DISCUSSION AS WELL, SIMILAR IN THE CITY. YOU KNOW, IF THERE'S A PROPERTY THAT'S NOT ZONED FOR CERTAIN BUSINESS OR ACTIVITY, THERE IS A PROCESS TO CHANGE THAT. IT COMES THROUGH CITY COUNCIL. SO IT'S KIND OF LIKE A ZONE CHANGE IN THAT RESPECT. THAT IS SIMILAR TO WHAT MIGHT HAPPEN HERE. IS THERE ALREADY RESIDENTIAL IN SOME OF THESE AREAS THERE? THERE IS A I BELIEVE THERE IS A HOME. THERE IS A FEW HOMES. YES. IN SOME OF THOSE RPGS I, I MENTIONED ON THE SLIDE, JUMPED AHEAD. BUT THESE THIS THIS ORDINANCE IS NOT RETROACTIVE WILL NOT NOT REQUIRE ANYBODY TO REMOVE THEIR HOME OR REMOVE ANY STRUCTURES THAT ARE NOT THERE'LL BE LEGAL NONCONFORMING FOR THAT. AND AGAIN, IF, IF THE TIME COMES AND THEY SOMETHING HAPPENS, THEY WANT TO REBUILD IT OR THEY NEED SOME KIND OF CLEARANCE FOR, FOR A BANK OR A LENDER OR WHATNOT, THEY, THEY, THEY HAVE THAT MECHANISM TO, TO GET THAT CLEARED AND TO MAKE THAT USE ALLOWABLE. I DIDN'T QUITE UNDERSTAND THE 75 FOOT. CAN YOU EXPLAIN THAT ONE MORE TIME? RIGHT. SO ANYTHING SO THERE'S THIS ORDINANCE WILL ESTABLISH A HEIGHT HAZARD PERMIT REQUIREMENT, BUT IT WILL NOT APPLY TO ANYTHING THAT IS 75FT OR LOWER. SO LIKE IN HEIGHT, WHICH IS THE EQUIVALENT OF A FIVE STORY BUILDING, PRETTY TALL. I MEAN THAT'S LIKE FIVE STORIES. YEAH. FIVE STORY BUILDING IS 50FT OR SO. SO IT'S PRETTY PRETTY SMALL. BUT THEY.

ALL THAT TO SAY IS THAT THERE ARE MANY EXEMPTIONS FROM FROM THIS PROCESS, KYLE OR STEVE, IS THIS NEW GUIDANCE FROM THE FAA THAT THEY ARE SAYING, HEY CITY OF TYLER, YOU NEED TO UPDATE YOUR ORDINANCE TO MEET OUR NEW REQUIREMENTS. OR OR IF THEY LOOKED AT OUR ORDINANCE AND SAID, HEY, THIS IS SOMETHING YOU'RE LACKING, OR WE IDENTIFY THIS IN OUR LAST AIRPORT STUDY.

BASICALLY, FIRST, LET ME JUST STRESS THAT THIS DOCUMENT BASICALLY REINFORCES CRITERIA THAT THE FAA HAS TODAY. AND IF THE FAA HAS NO OBJECTION TO WHAT THE WHAT IS GOING TO BE DEVELOPED, THEN THIS DOCUMENT IS NOT FURTHER RESTRICTIVE. AND AS KYLE MENTIONED, EVEN HAS A MECHANISM FOR US TO VET PROJECTS THAT MAY THAT THE FAA MAY OBJECT TO, THAT WE CAN TAKE THROUGH A PROCESS AND EITHER TRY TO GET APPROVAL OR MAKE ADJUSTMENTS TO THE PROJECT. SO IT DOES GO THROUGH. BUT BASICALLY AS PART OF THAT GRANT ASSURANCE, WELL, FOR COMPATIBLE LAND USE IN GENERAL, THE FAA HAS THREE LEVELS THAT THEY THEY ASK THAT YOU YOU STEPS YOU TAKE TO PROTECT SPACE LIKE THIS. THE FIRST IS TO OWN THE PROPERTY OUTRIGHT. SO WE'RE WE OWN MANY SLICES OF OUR RPGS AND OTHER SPACE AROUND THE AIRPORT. THAT'S IDEAL IF YOU CAN OWN THAT LAND AND NOT HAVE THIS PROTECTED FOR ETERNITY, THAT'S IDEAL. THE SECOND LEVEL IS TO HAVE AN EASEMENT OVER THAT PROPERTY. SO IF YOU DON'T OWN IT, BUT YOU CAN PURCHASE AN EASEMENT OVER THAT PROPERTY, THAT GIVES ANOTHER LEVEL OF PROTECTION. THIS IS THE THIRD AND LESS LEAST DESIRED OF THOSE THREE METHODS, BUT THEY SPECIFICALLY STATE TO HAVE SOME TYPE OF ZONING ORDINANCE THAT THEN GIVES YOU IF YOU CAN'T OWN IT, YOU CAN'T OR DON'T HAVE AN EASEMENT OVER IT. BUT THEN AT LEAST YOU HAVE A ZONING MECHANISM IN PLACE TO TRY TO MANAGE THAT PROCESS, IF YOU WILL. SO IT'S BASICALLY US. I WILL JUST CALL IT KIND OF CATCHING UP WITH THOSE GRANT ASSURANCES TO MAKE SURE THAT WE ARE PROTECTED. WHAT WE DON'T WANT IS TO HAVE THAT FUNDING IN JEOPARDY. AND IF THERE WERE TO BE SOME DEVELOPMENT SOMEDAY AND, YOU KNOW, FRANKLY, THIS IS PROBABLY WAY DOWN THE ROAD, BUT IT'S GOOD TO GET THIS IN PLACE NOW FOR FUTURE OWNERS. BUT IF SOMETHING WERE TO BE BUILT THAT INFRINGES SAFETY AT THE AIRPORT, TWO THINGS CAN HAPPEN. WE CAN HAVE THAT FUNDING THAT I MENTIONED JEOPARDIZE THAT. THAT COULD BE A PRIMARY CONCERN. BUT IF THE DEVELOPMENT WERE TO GO THROUGH IN A CERTAIN HEIGHT OR A CERTAIN LOCATION, THAT COULD ALSO IMPAIR OPERATION INTO THE AIRPORT, THAT THEY COULD REQUIRE US TO SHORTEN THE RUNWAY, THEY COULD REQUIRE US TO INCREASE SOME OF THE APPROACH MINIMUMS COMING INTO A RUNWAY. SO IT REALLY COULD IMPAIR OPERATIONS IF NOT ACTUALLY INFRINGE UPON THAT FUNDING. SO DOES THAT ANSWER THE IT'S NOT ANYTHING NEW. THE FAA HAS COME. IT'S JUST US SAYING, HEY, THAT WE SPEAK TO

[00:25:04]

THIS REQUIREMENT, WE NEED TO HAVE SOMETHING IN PAPER. AND FRANKLY, I BELIEVE FOR YEARS IT'S JUST BEEN A NICE QUIET SPACE OUT THERE. NOT NOT A LOT OF DEVELOPMENT AS WE SEE THE TOWN GROWING IN THAT DIRECTION AND LOOKING AT OTHER POTENTIAL OBSTACLES. THE TIMING IS GOOD TO PUT SOME PROCESS IN PLACE. KYLE, CAN YOU TOUCH ON THE PROCESS THAT THIS HAS GONE THROUGH THE PAST COUPLE OF MONTHS THROUGH THE AIRPORT ADVISORY BOARD AND THEN ALSO PNC TO KIND OF GIVE EVERYBODY AN OVERVIEW OF REALLY HOW THIS HAS PROGRESSED AND TRANSPIRED. YES, SIR. SO THE STATE LAW ESTABLISHES A REQUIREMENTS FOR THE PROCESS. AND ONE OF THOSE IS TO. TO HAVE OR TO GO THROUGH THE AIRPORT ZONING COMMISSION, WHICH, WHICH IS THE PLANNING AND ZONING COMMISSION, WHICH IS KIND OF WHY I'M, I'M HERE AS WELL IS SO IT HAS TO RECEIVE A RECOMMENDATION FROM THE AIRPORT ZONING COMMISSION. IT'S REQUIRED IN AND THAT OUR LOCAL ORDINANCE REQUIRES FURTHER THAT IT HAS TO GO TO THE AIRPORT ADVISORY BOARD. AND SO ON MARCH 24TH, THE AIRPORT ADVISORY BOARD RECOMMENDED APPROVAL OF THIS ORDINANCE. AND AS YOU KNOW, THEY ARE PRETTY IN TUNE WITH WITH THE OPERATIONS OF THE AIRPORT, THE NEEDS, THE CONCERNS AND ISSUES THAT THAT HAPPEN. AND SO THEY RECOMMENDED IT FAVORABLY AND ALSO WENT BEFORE THE OTHER PART OF THIS IS AWARENESS, YOU KNOW, BECAUSE THESE AREAS ARE A LOT OF THESE AREAS ARE UNINCORPORATED.

THEY MIGHT NOT HAVE BUILDING PERMITS, BUILDING PERMIT REQUIREMENTS. AND SO A LOT OF IT IS AWARENESS TO REAL ESTATE COMMUNITY, THE DEVELOPMENT COMMUNITY AND HOMEOWNERS AS WELL, PROPERTY OWNERS. AND SO THE, YOU KNOW, STAFF TOOK THIS TO THE DEVELOPERS ROUNDTABLE TO GIVE THEM KIND OF A DISCUSSION ITEM AND DISCUSSING THE INTENT TO ADOPT AIRPORT STANDARDS, BECAUSE THERE ARE CONTRACTORS AND DEVELOPERS ON THAT IN THAT GROUP. AND THEN IT ALSO WENT BEFORE THE UDC REVIEW COMMITTEE, THE UNIFIED DEVELOPMENT CODE REVIEW COMMITTEE, WHICH IS ALSO COMPRISED OF DIFFERENT INDUSTRY SURVEYORS, REALTORS, REAL ESTATE DEVELOPMENT AS WELL. AGAIN, FOR THAT AWARENESS AND FEEDBACK PROCESS. AND SO IT WENT BEFORE THOSE TWO COMMITTEES. AND THEN ALSO, LIKE I SAID, THE AIRPORT ADVISORY BOARD AND THEN THE PLANNING COMMISSION BACK ON MAY 6TH, WHICH VOTED 6 TO 1 TO ADOPT THESE, THESE STANDARDS. I'LL ALSO SAY THE LAW DOES REQUIRE THAT TO GO THROUGH THIS. IT DOES NEED TO BE PUBLISHED IN THE NEWSPAPER, WHICH IT WAS. AND THEN ALSO, AS A COURTESY STAFF DID SEND PUBLIC HEARING NOTICES TO THE PROPERTY OWNERS THAT LIVE WITHIN THE RPZS THOSE PROPERTIES THAT ARE MAYBE MORE AFFECTED BY THE USE RESTRICTIONS OR AT LEAST PROCESS AND WHATNOT. AND SO THAT AS A COURTESY, WE FELT LIKE IT WAS IT WAS A GOOD IDEA TO MAKE SURE THAT THEY WERE AWARE OF THESE PROCEEDINGS, AWARE OF WHAT'S BEING PROPOSED, WHAT WHAT RECOURSE IS THERE ARE MECHANISMS IN PLACE BECAUSE, YOU KNOW, OBVIOUSLY THEY ARE GREATLY AFFECTED BY IT, BUT ALSO THEY ARE THEIR AWARENESS IS GOING TO HELP IMPLEMENT THIS. YOU KNOW, WHAT WE AS A CITY NEED TO DO FROM OUR OBLIGATIONS WITH WITH THE FAA. SO THAT'S, THAT'S THAT'S BEEN THE PROCESS TODAY. AND I BELIEVE THERE ARE SOME. AFFECTED PROPERTY OWNERS THAT ARE HERE TODAY THAT MIGHT HAVE SOME SOME FEEDBACK. SO IF I WANT TO BUILD A HOTEL, WOULD I HAVE TO GO OUTSIDE OF THE PINK AREA OR WHERE ARE THE BOUNDARIES. BECAUSE I'M LOOKING AT ALL THESE COLORS AND HOW FAR OUT WOULD I HAVE TO GO FROM THE AIRPORT? WELL, I SEE THE RUNWAYS ARE CLOSER TO THE AIRPORT AND THEN THE PERIMETER IS PRETTY FAR OUT. RIGHT. THESE ARE, THESE ARE.

THESE ARE AIRPORT ZONES AND THEY, THEY USE FOR DIFFERENT FOR DIFFERENT FOR THINGS. NOT ONLY IS COLORS AFFECT OR ARE IN PLAY WITH THIS THIS ORDINANCE HERE TO BUILD AN OR A HOTEL. IF IT'S IF IT'S OUTSIDE OF THAT BLACK AREA THAT LARGE BLACK ASTERISKS LOOKING THING, THEN THERE'S, THERE'S NO THEY CAN GO ANYWHERE IN THERE. IT CAN ALSO GO WITHIN THE, THE BLACK BOUNDARY AS WELL.

BUT IT WOULD NEED THAT AIRSPACE STUDY HOTEL USUALLY 50FT OR LESS. BUT IF IT'S MORE THAN THAT THEN YES, IT WOULD NEED THAT AIRSPACE STUDY. AND THAT WOULD THAT WOULD CLEAR THAT. SO IT'S

[00:30:05]

ALSO IT'S ALLOWED INSIDE THAT BLACK AREA AS WELL. THE ONLY IF IT WERE TO BE OFF THE ENDS OF THE RUNWAYS AND THOSE RPGS OF CROSS-HATCHED AREAS. THAT THIS ORDINANCE. BUT AS IS, DOES RESTRICT OR WOULD PREVENT THAT HOTEL. BUT LIKE I SAID, THERE IS A PROCESS THAT IF THAT MAY NOT BE THE CASE, IF ON A SITE SPECIFIC CASE AND WOULD JUST NEED FURTHER EVALUATION BETWEEN THE CITY AND THE FAA. SO WE GOT TWO BLACK AREAS. WE GOT THE SMALLER ONES AND THE LARGE ONES, THE SMALLER ONES. RIGHT AT THE END OF THE RUNWAYS ARE THOSE DOES THAT APPLY THE 75 FOOT RULE APPLY TO THOSE ALSO WITHIN THAT SMALLER BLACK AREA. SO AS IT IS RIGHT NOW, IF SOMEONE OWNS THAT PROPERTY THERE, THERE ARE FOUR THINGS THEY CAN DO. THE AGRICULTURE SURFACE PARKING WITHOUT ANY ZONING REQUEST OR ANYTHING. BUT WITHIN THAT SAME SMALLER BLACK AREA, THEY HAVE AN APPEAL PROCESS THAT WOULD GO TO THE FAA TO FOR THEM NOT APPEAL, PROCESS OR PROCESS FOR THEM TO PRESENT THEIR PLANS TO THE FAA. THAT'S WHERE THAT 75 FOOT RULE COMES IN. ANYTHING 75 FOOT OR LESS, IF THEY'RE BUILDING IT, THEY CAN SHOW THEIR PLANS. FAA AND FAA THEN HAS TO APPROVE IT.

IF IT'S IN THE RFP'S IF IT'S. AND WE NEED BOTH. AND WE NEED THE HEIGHT PERMIT WITH THAT AIRSPACE STUDY. USUALLY THAT'S NOT PROBABLY IS NOT GOING TO BE AN ISSUE. IF IT IF IT IS NOT DOES NOT FIT WITHIN THOSE CATEGORIES THEN AS IS BY RIGHT. NO FURTHER REVIEW CATEGORIES THEN THEN IT WOULD ACTUALLY THE PROCESS WOULD GO BEFORE THE CITY'S ZONING BOARD OF ADJUSTMENT FOR A USE VARIANCE. BUT AS PART OF THAT PROCESS, THE APPLICANT WOULD IS REQUIRED TO PROVIDE SOMETHING FROM THE FAA TO ESSENTIALLY EITHER THEY WILL OR WE WILL HAVE THAT DISCUSSION, BECAUSE THAT'S CRITICAL INFORMATION FOR THE BOARD OF ADJUSTMENT TO KNOW WHETHER IF THEY'RE GOING TO GRANT A VARIANCE FOR AN ACTIVITY THAT'S GOING TO BE DETRIMENTAL TO, TO WHAT THE AIRPORT IS TRYING TO ACHIEVE. SO, SO AND THEN THERE WOULD BE TWO THINGS. IF SO, IF YOU DEVELOP IN THAT, IN THAT PROCESS, THAT OFF THE END OF THE RUNWAY, THAT'S NOT CONSISTENT WITH THAT. IT WOULD REQUIRE A PERMIT WITH AN ADMINISTRATIVE LEVEL. IF IT'S A 20 FOOT BUILDING, PROBABLY NOT GOING TO BE AN ISSUE WITH THE HEIGHT. AND THEN THE, THE, THE USE WOULD ALSO GO THROUGH A REVIEW PROCESS. WHEN YOU SAY RPG THAT IS THE SMALLER BLACK AREA, THE SMALLER BLACK AREA. SO GOD WANTS TO PUT UP SOME MINI STORAGE ACROSS 64 THERE ON THE NORTH SIDE, AND IT'S WITHIN THAT HEIGHT REQUIREMENT. HE'S GOT A SHOT TO PUT THAT OUT TO THE CITY AND TO THE FAA. AND HE HAS AN OPPORTUNITY TO LAY THOSE PLANS OUT FOR APPROVAL. THAT'S CORRECT. OKAY. AND LET'S CLARIFY AGAIN THE RESIDENTIAL ALSO BECAUSE YOU SAID THAT THE HOMES THERE IS NOT GOING TO AFFECT THEM. BUT WHAT IF I HAVE TEN ACRES AND I WANT TO BUILD SOME SPEC HOUSES. I HAVE TO GET THAT APPROVED THROUGH THE CITY. IF IT'S IN THE. IN THE CROSSHATCH BLACK AREA OR. WHEREVER. DID YOU SAY THAT THERE'S ALREADY RESIDENTIAL? WELL WITHIN THE RPZS WITHIN THE SMALLER BLACK AREAS THAT THERE ARE, THERE ARE A FEW HOMES. THEY'RE NOT SUBDIVISIONS, BUT. YES, IF, IF, IF IN THOSE AREAS SOMEBODY WANTED TO BUILD TEN HOMES, A SUBDIVISION WHICH THERE'S NOT MUCH SPACE. BUT IN THEORY, IF THAT WAS THE CASE, IT WOULD NEED TO GO THROUGH THE VARIANCE PROCESS TO ALLOW THE RESIDENTIAL ACTIVITY WITHIN THERE. AND THEN THAT WOULD BE IN CONJUNCTION WITH THE FAA. IF IT'S OUTSIDE OF THAT AREA WITHIN THE LARGER, LARGER BLACK AREA THERE, THAT COULD BE THERE'S NO USE RESTRICTION. AND THERE'S LIKELY NOT A HEIGHT ISSUE, BUT THERE WOULD BE A HEIGHT PROCESS OR HEIGHT PERMIT PROCESS JUST TO CONFIRM THAT THOSE HOMES ARE USUALLY 2020 FIVE FEET TALL. I WILL ALSO SAY SO IN IN THE RESEARCH OF OTHER CITIES AND MANY OTHER CITIES IN TEXAS, DO DO HAVE THESE REQUIREMENTS. THE

[00:35:06]

RESTRICTIONS WITHIN THE MIRRORS, A LOT OF THOSE OTHER CITIES AS WELL. AND THEN BEYOND THAT, THOSE OTHER CITIES DO HAVE RESTRICTIONS OUTSIDE OF THE RFP'S. SO IN THOSE THOSE BLUE AREAS THERE, WHICH ARE THE APPROACH ZONES, YOU KNOW, OFF THE RUNWAYS, THAT'S WHERE THE PLANES ARE GOING TO GO. THEY DO FURTHER SEGMENT THOSE INTO SMALLER AREAS AND, AND SAY ONE UNIT PER ACRE, THREE UNITS PER ACRE, MAX, THINGS LIKE THAT. THIS ORDINANCE DOES NOT HAVE THAT. IT ONLY FOCUSES ON THE RPZS IN TERMS OF THE LAND USE RESTRICTIONS. SO IT IS MORE A MORE. MORE FRIENDLY APPROACH, I GUESS IN TERMS OF OTHER CITIES MAY MAY HAVE FURTHER RESTRICTIONS OUTSIDE OF WHAT WE'RE TRYING TO DO. I'M SORRY, I'M CONFUSED. THE SMALL, THE SMALL HATCHED BLACK AREA IS THAT IS THAT IS THE FOCUS OF THIS WHOLE ORDINANCE. THE LARGER BLACK? YES. THE LARGER BLACK AREA IS NOT THE FOCUS OF THIS ORDINANCE. IT, LIKE COUNCILMEMBER HAWKINS SAYS, IF SHE WANTS TO BUILD TEN HOUSES OUTSIDE OF THESE FOUR BLACK BOXES, THEY CAN DO IT WITHOUT ANY. I HAVE TO APPEAL TO THE CITY WITHOUT ANY APPEAL. THEY CAN GO OUT AND JUST THEY CAN JUST THEY'RE OUT OF THE COUNTY. THEY CAN JUST BUILD THEM OUTSIDE OF THESE BLACK AREAS. THERE IS NO LAND USE RESTRICTION. NO. REMEMBER, YOU'RE ON THE COUNTY FOR QUITE A BIT OF THIS, SO YOU DON'T HAVE ZONING THAT'S APPLYING TO PROPERTIES OUTSIDE THE CITY NOW OUTSIDE. AND SO YOU HAVE THE HATCHED AREAS OF WHICH YOU HAVE HEIGHT RESTRICTIONS THERE. YOU STILL THOUGH GO TO THE GREATER BLACK AREA, KIND OF, YOU KNOW, SO WHEN YOU HAVE KIND OF THE GREATER BLACK AREA, THEN THAT GOES OFF OF YOUR RUNWAY PROTECTION ZONES TO PROTECT YOUR AIRPORT. YOU THEN HAVE WHERE THERE WILL BE, I ASSUME PLATTING THAT STILL IS REQUIRED. WE WILL HAVE TO REVIEW IN THE PLANNING DIFFERENT PIECES OF INFORMATION IN RELATIONSHIP TO THIS. BEYOND THIS, WE TALKED A LOT ABOUT LAND USE, BUT THERE'S ALSO DIFFERENT USES THAT ARE SPECIFIED IN HERE IN RELATIONSHIP TO SAFETY COMPONENTS SUCH AS CREATING. THEN WE KNOW PROPERTY. NOTHING CAN BE USED IN REGRESSION TO CREATE ELECTRICAL INTERFERENCE WITH RADIO COMMUNICATIONS BETWEEN THE AIRPORT AND AIRCRAFT, MAKING IT DIFFICULT TO DISTINGUISH AIRPORT LIGHTS AND OTHER LIGHTS, RESULTING IN GLARE TO THE EYES OF FLIERS USING THE AIRPORT IMPAIR VISIBILITY IN THE VICINITY OF THE AIRPORT, INCLUDING BUT NOT LIMITED TO THE CREATING EXCESSIVE SMOKE, FOG, MIST, DUST AND OTHER MATTER ENDANGERING THE LAND BEING TAKEN OFF OF AIRCRAFT OR IN ANY MANNER CREATING AN AIRPORT HAZARD. AND SO THERE'S OTHER PIECES THAT ARE COMPONENTS OF THIS THAT ARE AS PART OF YOUR YOUR LARGE ORDINANCE HERE THAT GO WITH THOSE DIFFERENT LAND USES. AND IN REVIEWING OF THE PLANNING FOR THE PROPERTIES THAT FALL INTO THIS BLACK TERRITORY. OKAY, ONE MORE QUESTION. SO JUST TO BE CLEAR, KYLE, THESE RULES ARE ALREADY IN EFFECT. FAA ALREADY REQUIRES THIS TODAY. IS THAT CORRECT? FAA REQUIRES THE AIRSPACE STUDY AROUND THE AIRPORT TODAY. RIGHT. AND THEY ALSO EXPECT US TO ENSURE THAT INCOMPATIBLE DEVELOPMENT DOES NOT OCCUR AT THE END OF THE RUNWAY. SO WHAT WE'RE TALKING ABOUT TODAY IS JUST CODIFYING IN OUR ORDINANCES, REFLECTING THAT FAA SAYING, WE WANT YOU TO BE PART OF THIS AND HELPING ENFORCE IT. THAT'S ALL. THIS ISN'T NEW. LIKE IF WE SAID NO, WELL, THIS ISN'T REQUIRED ANYMORE. THIS IS STILL REQUIRED. IT'S JUST WE'RE NOT HELPING. WELL, AND I THINK THE COMPLICATION PIECE IS THE IS A GREAT WAY OF LOOKING AT THIS BECAUSE, YOU KNOW, THERE IS AN APPEALS PROCESS THAT CREATES CURRENTLY THE APPEALS PROCESS IS RELATIVELY NONEXISTENT FOR THIS. SO THEY HAVE TO GO GET AN FAA, SUBMIT AN FAA AS FAR AS PERMIT THAT SAYS THAT THEY CAN BE ABLE TO BUILD ON THAT. WE CANNOT SAY, YES, YOU ARE. WE GRANT YOUR APPEAL ON THIS. IF A IF A SAYS NO, BUT THERE ISN'T THIS ORDINANCE, THEN WHERE THE AIRPORT MANAGER HAS THE FIRST DIBS ON IT TO BE ABLE TO SAY THAT WE ARE APPROVING OR WE GIVING CONSIDERATION TO THE APPEAL FOR CONSTRUCTION OF ANYTHING THAT MIGHT BE BELOW THE HEIGHT LIMITATIONS OR ABOVE THE HEIGHT LIMITATIONS. PARDON ME, IN THIS AREA THAT IS, IS BEING CONSIDERED. IF THE AIRPORT MANAGER IS TO SAY I DENY THE APPEAL, THEY CAN THEN GO TO PLANNING AND ZONING COMMISSION TO APPEAL THAT DENIAL FOR THE HEIGHT RESTRICTION COMPONENT OR OTHER USES. AGAIN, WE KEEP TALKING ABOUT HEIGHT. THERE'S OTHER USES THAT ARE ALSO GIVING CONSIDERATION TO BEYOND. THEN IF THE PLANNING AND ZONING COMMISSION SAYS NO TO IT, THEN THEY ACTUALLY HAVE THIS THE RIGHT TO GO TO COURT AND TO APPEAL THE PLANNING AND ZONING COMMISSION'S AS FAR AS DENIAL OF THAT, THIS ORDINANCE WOULD

[00:40:05]

CREATE THAT STRUCTURE. YES. THE ORDINANCE AS FAR AS EXACTLY THE ORDINANCE PROVIDES STRUCTURE TO THEM IN ORDER FOR THAT TO BE REVIEWED. AND I'D LIKE TO THINK THAT MARKET FORCES WOULD SAY WE'RE NOT GOING TO PUT HOUSING RIGHT AT THE END OF THE RUNWAY TO I THINK IT'D BE MORE OF A STORAGE USE OR, OR SOME OTHER TYPE OF USE VERSUS BUILDING WITHIN THOSE HATCHED AREAS OF GOLF COURSE. AND CAN I ADD A COMMENT TO THAT? SO WE WOULD LOVE TO HAVE A HOTEL OUT BY THE AIRPORT. SO LET ME BE CLEAR THIS WE WOULD LOVE TO HAVE A DEVELOPMENT OUT BY THE AIRPORT, AND WE ARE CURRENTLY WORKING ON A 30 ACRE TRACT OF LAND ON AIRPORT PROPERTY, WHERE WE PLAN TO HAVE LARGE HANGARS BUILT. THOSE ARE TALLER, TYPICALLY IN A THAN A ONE, SOMETIMES TWO STORY HOUSE. THOSE ARE RELATIVELY CLOSE TO THE TAXIWAYS AND THE RUNWAYS, AND THAT WILL BE ABLE TO BE BUILT AND BE APPROVED. WE'RE IN THE PROCESS OF BUILDING OUR NEW CONTROL TOWER, WHICH HOPEFULLY WILL BE THE TALLEST THING WITHIN MILES OF THIS AIRPORT. SO IT'S IMPORTANT TO KNOW THAT AS YOU GET AWAY FROM THE ENDS OF THE RUNWAYS, THE RESTRICTIONS FALL OFF GREATLY.

AND THAT'S WHY THEY BUILT IN THAT, THAT 75 FOOT CAVEAT. BECAUSE IF YOU GET IF YOU'RE NOWHERE NEAR WHERE AN AIRCRAFT IS GOING TO BE, AND WE DON'T WANT EVERYONE TO HAVE TO, YOU KNOW, WE DON'T WANT TO BE A BURDENSOME PROCESS. SO I JUST WANT TO STRESS THAT THIS WE LOVE HAVING DEVELOPMENT OUT THERE. AND WE'RE HOPING TO PUT 4 OR 5, SIX BRAND NEW HANGARS MUCH CLOSER TO THE TO THE SIDES OF THE RUNWAYS. IF YOU'RE A BEAM OR RUNWAY OR TAXIWAY, YOU DON'T HAVE THAT THAT HEIGHT RESTRICTION AS MUCH EITHER. SO IT WILL WE'LL DO OUR AIRSPACE STUDY. WE'LL MAKE SURE THAT THE FAA DOES NOT OBJECT TO WHERE THEY ARE IN THE HEIGHT, BUT VERY CONFIDENT THAT THAT THAT TYPE OF DEVELOPMENT. AND AGAIN, THAT CONTROL TOWER IS GOING TO BE MUCH TALLER THAN ANYTHING OUT THERE. BUT THIS REALLY LOOKS TO SAY, HEY, LET'S MAKE SURE WE'RE NOT PUTTING, SAY, A CELL PHONE TOWER OR MAYBE A TEN STORY HOTEL OFF THE END OF A RUNWAY. AND AS AIRCRAFT DEPART AND COME TO THE YOU KNOW, THAT'S WHY THOSE AREAS KIND OF GO LIKE THIS. WE HAVE TO PROTECT THAT AIRSPACE. AS YOU GET AWAY FROM THOSE INBOUND OUTBOUND CORRIDORS, THE RESTRICTIONS BECOME A LITTLE BIT LESS BINDING. AND I JUST WANT TO PIGGYBACK ON THAT AWARENESS PIECE THAT KYLE MENTIONED, BECAUSE IT GOES BACK TO MEMBER WIND'S COMMENT THAT THAT AWARENESS IS REALLY WHAT WE'RE SEEING IS PEOPLE DON'T AREN'T NECESSARILY AWARE THAT THIS AIRSPACE IS REQUIRED. AND I'LL REWRITE HERE IN ACCORDANCE WITH 14 CFR PART 77, IF YOU PROPOSE ANY OF THE FOLLOWING TYPES OF CONSTRUCTION OR ALTERATION, YOU MUST FILE NOTICE WITH THE FAA AT LEAST 45 DAYS PRIOR TO BEGINNING CONSTRUCTION. AND THAT LEADS PEOPLE TO THIS WHOLE AIRSPACE PROCESS. AND AGAIN, IF THE FAA LOOKS AT IT AND THEY HAVE NO OBJECTION, YOU KNOW, WE'RE GOOD TO GO. SO IT'S IMPORTANT TO LOOK AT THAT BECAUSE TO YOUR QUESTION, IT'S NOT JUST THE RPZS THAT'S THE MOST RESTRICTIVE LITTLE SLICE OF THIS, BUT IT DOES ENCOMPASS AREAS, YOU KNOW, THAT COULD BE A HEIGHT HAZARD IN SOME OF THOSE OTHER COLORED AREAS AS WELL. AND I'D LIKE TO JUST EVERYTHING YOU JUST SAID, STEVE, COMPLIMENT YOU AND YOUR CUSTOMER SERVICE ATTITUDE, BECAUSE ANYONE THAT HAS VISITED WITH YOU ON MANY THINGS HERE OF LATE, THEY JUST TALK ABOUT HOW SERVICE ORIENTED YOU AND THE AIRPORT CREW ARE TO THINGS OF THIS NATURE, AND JUST COMPLIMENT YOU AND YOUR CREW ON THAT CUSTOMER SERVICE ASPECT. GREAT. WELL, THANK YOU. AND I THINK EVERYONE INVOLVED HAS DONE REALLY GOOD DUE DILIGENCE LOOKING AT OTHER MUNICIPALITIES, OTHER AIRPORT SPONSORS, AGAIN, KIND OF LOOKING AT THE BEST OF WHAT ALREADY EXISTS AND THEN TAKING THAT TO GIVE US A QUALITY DOCUMENT. SO THANK YOU. MR. ALL RIGHT. ANY OTHER QUESTIONS FOR KYLE OR STEVE BEFORE WE GO TO THE FOUR CARDS? ALL RIGHT. THE FIRST PERSON I'LL CALL UP IS JUSTIN CARNEY. FROM SAN. HI, EVERYBODY. MY NAME IS JUSTIN CARNEY. MORNING. I BROUGHT A LETTER WITH ME, BUT I'M GOING TO DEVIATE OFF THAT A LITTLE BIT, AND THEN MAYBE JUST GIVE IT TO THE CITY CLERK IF THAT'S OKAY. A LITTLE BIT OF CONTEXT ABOUT MYSELF. I WAS BORN HERE IN TYLER. I'M A REAL ESTATE DEVELOPER, RESIDENTIAL. I'M CURRENTLY WORKING ON A NEIGHBORHOOD CALLED WELLINGTON PLACE. THIS DIRECTLY NORTH OF THE AIRPORT, AND THIS MAP IS ZOOMED OUT PRETTY FAR. BUT YES, I'M IN THE NORTH EAST CORNER THERE AND YOU CAN KIND OF SEE THAT WORD DUKE PLACE, AND THEN ALL THOSE HOMES THAT GO OFF TOWARDS THE NORTH THERE, THAT'S THAT'S MY PROJECT. I'VE BEEN WORKING ON THIS PROJECT FOR TEN YEARS. WE INVESTED INTO IT. WE WORK WITH THE CITY OF TYLER BECAUSE WE'RE IN THE ETJ. BUT BUT THAT'S THAT'S NOT TO SAY THAT WE'RE IN THE CITY LIMITS. SO WE HAVE CITY WATER AND WE HAVE CITY SEWER. SO ANYTIME WE GO TO DO ANYTHING LIKE PUT MORE HOUSES AND STUFF LIKE THAT, WE DO GET A PLAQUE AND WE GET APPROVAL FROM THE CITY OF TYLER. I'M OPPOSED TO SOME OF THE THINGS THAT WE'RE TRYING TO BE PUT IN PLACE TODAY. IT GREATLY PUTS A BURDEN ON OUR INVESTMENT THAT WE PUT TOGETHER. IT'S HAS

[00:45:05]

NOTHING TO DO WITH THE RESIDENTIAL HOMES, AND IT ACTUALLY HAS NOTHING TO DO WITH THE 75 FOOT RULE. I HAVE NO GRIEVANCE WITH THE 75 FOOT RULE. ONE OF MY BIGGEST GRIEVANCES IS THAT IN 2018 AND 2019, WE WERE ASKED, IF NOT REQUIRED, TO PUT IN 1000 FOOT CITY SPEC ROAD THROUGH THIS AREA, WHICH IS CALLED DUKE PLACE, AND YOU RECOUP YOUR INVESTMENT ON ROADS BY PUTTING STRUCTURES ON BOTH SIDES OF THE ROAD. IF THIS WAS TO GO INTO EFFECT, I WOULDN'T BE ABLE TO PUT ANYTHING ON THE EAST SIDE OF THAT ROAD. IN TODAY'S INFORMATION, I'VE ACTUALLY LEARNED A LOT FROM THE PLANNING AND ZONING MEETING, WHICH I WHICH I ATTENDED, AND DURING THE PLANNING ZONING MEETING, SEVERAL PEOPLE ASKED SEVERAL QUESTIONS ABOUT IF THEY WOULD BE ALLOWED TO DO THIS OR ALLOWED TO DO THAT. AND MY INTERPRETATION OF WHAT THE ANSWERS TO THOSE QUESTIONS WERE WAS THAT THERE WOULD BE NO STRUCTURES, YOUR OPTIONS WERE COMPATIBLE. LAND USES ONLY LIVESTOCK SURFACE PARKING. ONE EXAMPLE WAS GIVEN THAT, YOU KNOW, IF YOU WERE TO PARK RVS, COULD YOU PUT A COVER OVER THE TOP OF THOSE RVS? AND THE ANSWER WAS NO. SO I'M ENCOURAGED TODAY FROM SOME OF THE THINGS THAT I'VE HEARD YET. IT'S STILL SCARY BECAUSE I PUT A LOT OF TIME AND A LOT OF MONEY INTO DEVELOPING THIS NEIGHBORHOOD, AND I FEEL LIKE IT'S, YOU KNOW, I'M GONNA GET MY LEGS CUT OUT FROM UNDER ME BY GIVING UP THE OPPORTUNITY TO DO ANYTHING ON THIS EASTERN TRACK. ANOTHER THING THAT I'LL SAY IS. IN THE PLANNING AND ZONING MEETING, THERE WAS A MAP THAT WAS ON THE BOARD THAT WAS NOT MADE AVAILABLE TO THE PUBLIC, AND IT SHOWED DIFFERENT BLACK LINES. SO YOU HAD YOUR RFP'S, WHICH EVERYONE'S PRETTY CLEAR ON WHERE THOSE LINES GO. AND THAT'S KIND OF WHAT I JUST SPOKE ABOUT WAS THAT AREA TODAY, THERE WAS ANOTHER BLACK LINE THAT GOES AROUND, AND THAT'S NOT THE ONE THAT I'M TALKING ABOUT, BUT IT WAS A ZOOMED IN PHOTO THAT HAD A BLACK LINE GOING RIGHT THROUGH MY WESTERN TRACKS. SO I HAVE THREE TRACTS OF LAND AND THEY ARE ALL CONSIDERED COMMERCIAL USE. THEY'RE NOT CONSIDERED COMMERCIAL USE BY CITY STANDARDS, WHEREAS THERE WOULD BE LIKE C1 OR C2 THERE, JUST HIGHWAY 64 FRONTAGE, I MEAN, YOU'RE RIGHT THERE. I'M SURE MOST OF YOU HAVE DRIVEN BY IT.

IT'S NOT BEEN MADE CLEAR WHAT THOSE RESTRICTIONS WOULD BE ON THAT ON THAT SIDE OF DUKE PLACE.

AND SO IT ENCOMPASSES ABOUT THREE DIFFERENT TRACTS OF LAND, WHICH AMOUNT TO ABOUT EIGHT ACRES OF COMMERCIAL USE RIGHT ALONG HIGHWAY 64, WHICH SERVICES A NEIGHBORHOOD DIRECTLY TO THE NORTH, THAT IS 250 HOUSES. AND SO IT'S JUST IT'S SCARY BECAUSE IT IT WILL IMPACT ME IN A DEVASTATING WAY ON, ON THIS PROJECT THAT I PUT TEN YEARS INTO. THOUGH I UNDERSTAND THAT THAT THE AIRPORT AND THE GROWTH IS GOOD FOR THE CITY OF TYLER. I FEEL LIKE I'M BEARING THE BURDEN BY BY LOSING THIS PROPERTY RATHER THAN THIS PROPERTY JUST BEING EMINENT DOMAIN. I'M BEING HANDED RESTRICTIONS. THAT IS LOST OPPORTUNITY. AND, YOU KNOW, THERE IT IS. I'LL HAVE TO PAY TAXES ON IT AND KEEP IT. BUT I CAN ONLY RUN COWS ON IT NEXT TO A VERY EXPENSIVE ROAD. AND I THINK THAT THERE'S A LOT MORE INFORMATION THAT CAN BE FOUND OUT. SOME OF THE INFORMATION HAS BEEN VAGUE, AND SOME OF THE INFORMATION FROM THE PLANNING AND ZONING MEETING DOES NOT MATCH UP WITH WHAT WAS SAID HERE TODAY. AND I'M I'M VERY ENCOURAGED BY WHAT WAS SAID HERE TODAY. BUT, I MEAN, YOU ALL ASKED SOME VERY GOOD QUESTIONS. I STAND BEHIND ALL YOUR QUESTIONS, BUT THERE'S MORE QUESTIONS AND WE DON'T HAVE ANSWERS TO SOME OF THEM. AND I WOULD LIKE MORE TIME TO INVESTIGATE THIS. I WOULD LIKE MORE TIME TO SEE WHAT THE DETRIMENTAL VALUE TO MY PROPERTY IS GOING TO BE. I'VE ORDERED AN APPRAISAL. WE'RE WAITING FOR THAT TO COME BACK. AND SO I ASK YOU GUYS TO TABLE THIS FOR 30 DAYS TO GIVE US SOME MORE TIME TO LOOK INTO WHAT OUR OPTIONS ARE. I APPRECIATE YOUR TIME. ANY QUESTIONS FOR MR. CARNEY? I'M GOING TO GET STEVE TO COME BACK UP. NO QUESTION, BUT JUST A COMMENT. THAT'S THE REASON WHY I HAD ASKED THE QUESTION THAT I ASKED. WENT TO PICK MY HUSBAND UP AT THE AIRPORT. HE WASN'T THERE YET. FLIGHT WAS DELAYED AND I DROVE DOWN. I DIDN'T REALIZE THEY WERE ADDING ON THE EXTRA GOING FOR THE BACK INTO WELLINGTON BACK THERE. SO THAT'S WHAT I WAS WONDERING ABOUT THOSE RESTRICTIONS. WAS HE GOING TO BE ABLE TO FINISH OUT THAT PART OF THE SUBDIVISION? AND THAT'S WHAT I'M GOING TO ASK STEVE. I GOT A QUESTION. QUESTION? MR. CARNEY, HOW MUCH LAND DO YOU HAVE LEFT

[00:50:05]

ON THE EAST SIDE OF DUKE THAT YOU WOULD BUILD OUT? 4.49 ACRES? AND THAT'S PRETTY MUCH IN THE RPG, CORRECT? YES, SIR. OVER. OVER 80% OF THAT IS IN THE RPG. I'D ALSO WOULD NOTE THAT THAT THE DON'T QUOTE ME ON THE EXACT NUMBER, BUT THE AIRPORT ELEVATION. STEVE, WHAT'S THE AIRPORT ELEVATION? FIVE IS 5.44. I AM IN THE FOUR HUNDREDS. I'M LIKE 490 ELEVATION, SO I REALLY HAVE NO ISSUE WITH THE HEIGHT. I'M NOT HERE TODAY TO TALK ABOUT HEIGHT. IT'S JUST, YOU KNOW, EVERYTHING THAT'S THERE ALREADY IS RETROACTIVELY ABLE TO STAY. IT KIND OF SETS A PRECEDENT.

I'VE BEEN SITTING ON THIS LAND WITH THE HOPES OF DOING SOMETHING ONCE THE ONCE THE NEIGHBORHOOD IS COMPLETED. IT'S A IT'S A 250 HOUSE DEVELOPMENT. I MEAN, THE OPPORTUNITY IS UNKNOWN. I DON'T I DON'T KNOW WHAT WE WERE GOING TO DO WITH THAT LAND, BUT I'M, I'M, I DON'T KNOW WHAT WE'LL DO. AND THE I DON'T KNOW FACTOR IS WHY I'M ASKING FOR THIS TO BE TABLED.

ALL RIGHT. THANK YOU, MR. CARNEY. YES, SIR. MAY I GIVE THIS TO THE CITY CLERK? SURE.

IT'S A LETTER THAT I LIKE ON THE RECORD. OKAY. ALL RIGHT. NEXT WE HAVE MR. ROBERT. YOU WANNA COME UP? DO YOU WANT TO STRETCH THAT OUT? THE QUESTIONS ARE QUESTION. I THINK I'LL ANSWER. YOU. GOOD MORNING. GOOD MORNING, MAYOR AND CITY COUNCIL. I HAVE HELPED DOCTOR CARNEY AND JUSTIN CARNEY FOR SINCE 2007, SELL HOUSES IN THAT NEIGHBORHOOD. VERY SUCCESSFUL BUILDING IN THE NEIGHBORHOOD ON THE WEST SIDE OF TOWN. THEY HAVE A GREAT HOA AND THE PART OF THE LAND THAT'S GOING TO BE. AND THERE IS SOME CONFUSION OF WHAT JUSTIN SHOWED ME THAT HE GOT. AND THEN WHAT WAS SAID TODAY IS THAT THE ONLY THING HE CAN USE THAT LAND FOR IS TO RUN CATTLE, OR TO MAKE IT A PARKING LOT. AND THEN TODAY THERE WAS SOME SUGGESTION THAT MAYBE HE COULD BUILD ON IT. SO JUST THOSE TWO DIFFERENT MEETINGS, THERE'S SOME CONFUSION. THE BIGGEST THING IS THAT WHEN DOCTOR CARNEY BOUGHT THIS LAND, THE FRONT LAND ON 64 WAS DESIGNED TO BE COMMERCIAL.

WHETHER IT'S A VET OR AN EYE DOCTOR OR A STRIP CENTER THAT WOULD COMPLIMENT, YOU KNOW, THE SUBDIVISION. AND THAT'S BEEN THEIR GOAL. AND AS A REAL ESTATE BROKER WHO HAS SOLD PROBABLY OVER 50 HOUSES IN THAT NEIGHBORHOOD, I THINK THAT THE LAST THING THEY WERE GOING TO DO WHEN THE DEVELOPMENT WAS SO FAR IS TO ACTUALLY BUILD A STRIP CENTER FOR A HAIRDRESSER, A BARBER SHOP, HOPEFULLY NOT. NO SMOKE CENTER OR NOT, BUT ANYWAY. BUT I JUST THINK THAT FOR THEM TO HAVE TO GIVE UP THAT FIVE ACRES THAT THEY HAVE RIGHT ON 64 WITHOUT IT BEING SOME KIND OF COMPENSATION FOR THE FACT THAT THEY'VE BEEN WAITING, YOU KNOW, TO BUILD THAT OUT AND TO MAKE MONEY OFF OF IT WOULD BE SAD. AND I WOULD LIKE TO I DON'T KNOW IF I HAVE THE RIGHT, BUT I WOULD LIKE TO ASK IF Y'ALL WOULD JUST TABLE IT FOR 30 DAYS SO WE COULD GET SOME MORE FACTS AND INFORMATION AND FIGURE OUT WHICH PART OF THE PLANNING AND ZONING AND WHAT PART WAS SAID TODAY.

IT'S FACTUAL AND ACTUAL, AND THAT'S ALL I'D LIKE TO SAY. ALL RIGHT. ANY QUESTIONS FOR MISTER, IF I MAY, MAYOR, I THINK PART OF THE CONFUSION LIES UPON IN IN THE ORDINANCE ON PAGE 14 OF HOW PERHAPS IT WAS READ. SO THE PERMIT REQUIRED STATES, EXCEPT AS SPECIFICALLY PROVIDED IN A, , OR C, AND C BELOW, NO MATERIAL CHANGE SHALL BE MADE IN THE USE OF THE LAND OR STRUCTURE SHALL BE ERECTED OR OTHERWISE ESTABLISHED, AND NO TREE SHOULD BE PLANTED IN ANY ZONE HEREBY CREATED, UNLESS A HEIGHT PERMIT, THEREFORE SHALL HAVE BEEN APPLIED FOR AND GRANTED. SO WHEN THEY SAY, WELL, WE CAN'T BUILD ANYTHING IN HERE UNLESS YOU APPLY FOR THE PERMIT, THAT IS CORRECT. BUT THE HEIGHT PERMIT AS FAR AS APPLICATION APPLICATION FOR PERMIT WITHIN A HIGH HAZARD ZONE SHALL BE PRESENTED TO THE AIRPORT MANAGER OR DESIGNEE AND MAY INCLUDE, BUT NOT LIMITED TO, A SITE PLAN DRAWN TO SCALE SHOWING THE PROPOSED GPS COORDINATES OF HIGHER HIGHEST POINT, ABOVE GROUND ELEVATION, FINAL STRUCTURE OR OBJECT HEIGHT AND DIMENSIONS, TOTAL STRUCTURE, ELEVATION AND ALL EXISTING STRUCTURES. ADDITIONAL INFORMATION TO ASSIST IN DETERMINING COMPLIANCE WITHIN THIS DIVISION WITH THIS DIVISION MAY BE REQUIRED. SO THAT'S THE. ULTIMATELY WITH THE PLAT. AND THE APPLICATION FOR THAT WILL HAVE TO GO TO THE FAA AND TO THE AIRPORT MANAGER IS WHAT IS BEING REQUIRED. SO IN THE STATEMENT OF AS MR. WAS KIND OF SAYING, WELL WE WERE TOLD THAT YOU COULDN'T BUILD ANYTHING. YOU CAN'T BUILD ANYTHING UNLESS YOU GET A AN APPLICATION FOR, FOR THE VARIANCE. BUT AS OF RIGHT NOW

[00:55:04]

THEY COULD AS OF RIGHT NOW, THE FAA COULD SHUT THEM DOWN. WELL I MEAN WE OKAY. WELL I'M THINKING ABOUT THE COMMERCIAL SIDE OF IT. SO IF THEY TRIED TO BUILD A. OFFICE BUILDING RIGHT NOW, WHAT WAS IT A VETERINARIAN IN THERE. RIGHT. HASH MARK BY DUKE STREET ON 64. COULD THE FAA SHUT THEM DOWN NOW? IF THEY SAID THAT THEY COULD SHUT DOWN ANYTHING, INCLUDING MY OWN AIRPORT. BUT THEN IF THEY. BUT THAT'S IF IT DOESN'T MEET THE REQUIREMENTS. AND IF THEY DO GET PERMISSION CORRECT, THEY DIDN'T GO THROUGH THE PROCESS. THEY DIDN'T GO THROUGH THE PROCESS. RIGHT? YEAH. IF THEY GO TO THE PROCESS, GOING FOR THE FAA, SUBMITTING FOR THE FAA, 7461. APPLICATION DETERMINATION AND GETTING GETTING THE DETERMINATION THROUGH THAT, THEN THAT GIVES THEM THE RIGHT TO BE ABLE TO GIVE CONSIDERATION TO THEIR REVIEW OF THESE. AND IF IT MEETS THE REQUIREMENTS AS POSTED IN THE ORDINANCE, THEN HE CAN MOVE FORWARD WITH APPROVAL. IF I GET IT, CAN I SAY ONE THING? YEAH, SURE. THERE IS A DOCUMENT OUT THERE THAT STATES THAT THE ONLY THING THAT CAN BE BUILT THERE OR YOU HOW THAT LAND CAN BE USED IS TO RAISE COWS OR TO PUT A PARKING LOT IN. NOTHING ABOUT BUILDING ONE STORY, TWO STORY, ANY STORY ABOUT A STRIP CENTER, ANYTHING IT DOES SAY THAT YOU DON'T HAVE TO GET APPROVAL FOR THAT, RIGHT? RIGHT. THAT'S WHAT YOU CAN DO WITHOUT THE APPROVAL. BUT IF YOU GET THE APPROVAL FOR THE VET OR WHATEVER, OKAY, RIGHT. AND THEN ALSO THE BIG CONCERN IS AND JUST REMIND ME THE LIABILITY THAT WE AS THE CITY HAVE IN RELATIONSHIP TO THE AIRPORT, BECAUSE THE FAA WOULD PROBABLY FIRST SHUT DOWN THE AIRPORT OR LIMIT OPERATIONS BEFORE DOING ANYTHING TO SHUT DOWN THEIR FURTHER CONSTRUCTION.

ALL RIGHT. THANK YOU. THANK YOU. I'VE GOT ONE HERE FROM CHARLES REED. DID YOU WANT TO COME UP OR. CASSANDRA? I'VE GOT ALL OUR NAMES AND ADDRESSES FOR THE RECORD UP HERE. GOOD MORNING. I APPRECIATE THE MAYOR AND CITY COUNCIL TAKING THE TIME TO LISTEN TO THIS. MY PROPERTY IS JUST NORTHEAST, JUST EAST OF CARNEY'S PROPERTY. THERE OFF OF TWO TWO. AND WE HAVE AN RV PARK THERE. THE FRONT PART OF IT, LIKE THERE'S ABOUT FIVE ACRES THAT IS IN THIS RPG. THE ZONE THAT WE'RE TALKING ABOUT. AND MR. MAYOR, JUST LIKE YOU, I'M VERY CONFUSED EXACTLY ABOUT WHAT WE CAN AND CANNOT DO IN THAT PROPERTY. AND THEREFORE WE'D LIKE TO HAVE I'M AGREEING WITH CARNEY THAT WE'D LIKE TO HAVE THIS TABLE FOR 30 DAYS SO THAT WE CAN FURTHER INVESTIGATE AND UNDERSTAND. I UNDERSTAND WE WOULD BE REQUIRED TO GET AN APPROVAL FROM THE FAA, BUT WHAT'S THE CHANCES THAT YOU KNOW EXACTLY WHAT WOULD BE APPROVED? YOU KNOW, IF THEY SAY, WE NEED TO KNOW, YOU KNOW, WHAT WE CAN AND CANNOT DO OTHERWISE, WE WOULD, YOU KNOW, GREATLY APPRECIATE IF THE CITY WOULD BE WILLING TO BUY AN EASEMENT OR PAY US FOR WHAT, YOU KNOW, THE INVESTMENT WE HAD IN THE PROPERTY AND THEN PAYING TAXES ON FOR YEARS AND YEARS, MAINTAINING FOR MANY YEARS? YOU KNOW, WE FEEL LIKE WE SHOULD GET SOME COMPENSATION FOR THIS IF IT'S TO BENEFIT THE CITY IN THE ABILITY TO BE ABLE TO HAVE FAA CONTINUE TO PAY FOR THE AIRPORT MAINTENANCE AND OPERATION. THANK YOU. ALL RIGHT. ANY QUESTIONS FOR MR. REED? THANK YOU. ONE MORE. HILARIO PEREZ. GOOD MORNING. GOOD MORNING. GOOD MORNING. I THINK FOR THE MOST PART TODAY WE'VE I FEEL A LITTLE BIT MORE CONFIDENT ABOUT THE RFP'S AND SOME OF THE DEVELOPMENT AND SOME OF THE THINGS THAT HAVE BEEN SAID VERSUS THE LAST TIME WE WERE HERE. I KNOW THAT FOR ME. YEAH. DO YOU MIND JUST BRINGING US A LITTLE CLOSER? OH. I'M SORRY.

THAT'S OKAY. THANK YOU SIR. YEAH, I FEEL A BIT MORE CONFIDENT TODAY THAN I DID LAST TIME JUST BECAUSE OF THE CLARIFICATION. YOU KNOW, WE ALWAYS WANT MORE ANSWERS THAN ALL THE QUESTIONS THAT WE PROBABLY HAVE FOR US. MOST OF MY LAND, MY FOUR ACRES IS COVERED WITHIN THE RFP'S MY HOME, ABOUT 90% OF MY ACREAGE, LIKE I SAID, FOUR ACRES. I THINK FOR THE MOST PART, I KNOW EVERYBODY SAID THAT IT'S RETRO, IT'S NOT RETROACTIVE, SO I DON'T HAVE TO WORRY ABOUT, YOU KNOW, HOW I LIVE NOW AND ANYTHING ELSE AND PROBABLY FURTHER DEVELOPMENT. I GUESS I WOULDN'T BE ABLE TO BUILD A HOME THERE SINCE THE RESTRICTIONS ARE EITHER NONRESIDENTIAL. ALL AGRICULTURE FOR ME AT THIS, MY BIGGEST CONCERN IS IN THE FUTURE. IF THE EVENT OF MY HOME BURNING DOWN OR BEING DESTROYED BY A STORM, WOULD I BE ALLOWED TO REBUILD ON

[01:00:01]

THOSE FOUR ACRES? WOULD I HAVE TO ASK FOR PERMISSION, YOU KNOW, FROM THE CITY OR THE AIRPORT? YOU KNOW, THE FAA? YOU KNOW WHAT YOU KNOW, I GUESS THAT WOULD BE THE BIGGEST CLARIFICATION I WOULD WANT, BECAUSE I WOULD HOPE TO, YOU KNOW, STAY THERE, YOU KNOW, FOR MANY YEARS TO COME OR, YOU KNOW, BE BETTER FOR JUST ME TO VACATE AT SOME POINT IN THE FUTURE AND NOT HAVE TO WORRY ABOUT ANY OF THAT, YOU KNOW. BUT THAT'S MY BIGGEST QUESTION. WHERE'S YOUR ANCHORAGE IN RELATIONSHIP TO THE. SO WITHIN THE RFP'S, WE'RE ON COUNTY ROAD 4134 AT THE END, RIGHT NEXT TO THAT RV PARK. OKAY. YEAH. LIKE I SAID, 90% OF OUR FOUR ACRES IS COVERED WITHIN THAT RPG. SO MY BIGGEST CONCERN, LIKE IF IT WERE TO MY HOME, WERE TO BE DESTROYED. WHAT I HAVE TO ASK FOR PERMISSION, I IMAGINE I WOULD, YOU KNOW, WOULD I BE ALLOWED TO EVEN REBUILD BECAUSE IT'S, YOU KNOW, IT'S OUR RESIDENTIAL, IT'S OUR HOME, YOU KNOW? SO FOR NOW, I GUESS IT'S OKAY. BUT IN THE EVENT OF SOMETHING WERE TO BE CATASTROPHIC AND DESTROY MY HOME, WOULD I BE ALLOWED TO REBUILD, YOU KNOW, OR WOULD I HAVE TO JUMP THROUGH HOOPS IN ORDER TO DO SO? THAT'S MY BIGGEST CONCERN. ANY QUESTIONS FOR MR. PEREZ? THANK YOU. SO IN RELATION TO THAT QUESTION, YES. THE ORDINANCE STATES IN REGARDS TO NON-CONFORMING USES, ABANDONED OR DESTROYED, THAT IF MORE THAN 60% OF THE PROPERTY WAS DAMAGED OR DESTROYED, YOU WOULD HAVE TO GO AND GET GO THROUGH THE VARIANCE PROCESS FOR RECONSTRUCTION. WHICH IS THE AIRPORT MANAGER AND THE FAA. CORRECT. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR MR. PEREZ? OKAY. THANK YOU, THANK YOU. CARL. ALL FOUR SPEAKERS GOT UP AND MAKE REFERENCE TO FROM THE PLANNING AND ZONING MEETING TO TODAY. THERE'S BEEN GREATER INFORMATION SHARED OR DIFFERENT INFORMATION SHARED. IS IT SOMETHING THAT NEW FINDINGS. WHAT WHAT OR INTERPRETATION. NO, I THINK IT'S JUST FROM THE MEETING WE YOU KNOW, AFTER HEARING KIND OF THE FEEDBACK, THE QUESTIONS OF THE DISCUSSION. I WANT TO MAKE SURE I'M TAILORING THIS PRESENTATION TO TRYING TO ADDRESS, YOU KNOW, SOME OF THE THINGS THAT WE'VE HEARD BEFORE IN AN ATTEMPT TO BE A LITTLE BIT MORE, MORE CLEAR, I THINK AT THE PLANNING COMMISSION MEETING, THE INITIAL PRESENTATION DIDN'T KIND OF GET INTO THAT, THAT MECHANISM TO ALLOW OTHER, OTHER ACTIVITIES OTHER THAN THE THREE. THAT'S WHY TODAY I KIND OF FOCUSED ON, YOU KNOW, MAKING SURE THAT THAT'S WELL KNOWN. SO MAYBE THAT'S SOME OF THE, THE CONFUSION OR THE, THE QUESTION THERE. BUT NOTHING, NOTHING HAS CHANGED IN THE ORDINANCE OR INTERPRETATION IS JUST TRYING TO BE A LITTLE BIT MORE. YOU KNOW, JUST DISCUSS DISCUSS THAT, THAT ASPECT OF IT A LITTLE BIT MORE THAN, THAN I DID BEFORE. YOU KNOW. IF YOU TABLED THIS FOR 30 DAYS, URANUS IS KICKING THE CAN DOWN THE ROAD. AND I UNDERSTAND ALL THE CONCERNS. IF WE DON'T DO SOMETHING, WHETHER IT'S NOW OR IN 30 DAYS, WE COULD LOSE OUR GRANT FUNDING FOR FUTURE AIRPORT IMPROVEMENTS. AND WE'RE TALKING HUNDREDS OF MILLIONS OF DOLLARS OVER THE COURSE OF THE NEXT TEN YEARS OR WHATEVER. SO IF WE WANT TO IF WE WANT MORE JET SERVICE, IF WE WANT MORE USE OUT OF OUR AIRPORT. IF WE WANT A HOTEL.

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

[01:05:01]

FROM THAT STANDPOINT, YOU'RE YOU'RE ALREADY PUTTING A STRUCTURE IN THE LINE OF, OF, OF A RUNWAY. SO, YOU KNOW, WE CAN KICK IT DOWN THE ROAD OR WE CAN TAKE ACTION. ALL RIGHT. I'M.

EXCUSE ME. SO FAR I DO WANT A MOTION TO TABLE OH ONE JUST BECAUSE OF THE OPACITY. THERE'S DISCREPANCIES IN WHAT THIS SAID. WHAT THAT SAID, JUST SO MYSELF CAN REVIEW IT. I GOT A MOTION TO TABLE IT FOR 30 DAYS. DO I HAVE A SECOND? A SECOND? ALL RIGHT, WE GOT A SECOND. ANY FURTHER DISCUSSION? JUST ONE MORE COMMENT I'D LIKE TO MAKE THAT IF IT WAS APPROVED TODAY, YOU'D ACTUALLY HAVE A CODIFIED. PATH TO PUT YOUR CONSTRUCTION IN PLACE. THE MAYOR MADE A GREAT POINT THAT IF YOU DO SOMETHING NOW, WITHOUT THAT CODE IN PLACE AND THE STRUCTURE IN PLACE, THIS LEGAL STRUCTURE IN PLACE, IT COULD BE OVERRULED BY THE FED. SO I THINK THE CODIFYING OF THIS IS JUST LIKE THE MAYOR SAID, IT'S GOING TO HAPPEN. IT'D BE A GOOD THING. IT WOULD PROVIDE YOU PEACE OF MIND THAT YOU HAD A PROCESS TO DO IT. THAT'S RIGHT. WE GOT A MOTION BY HAWKINS, SECOND BY MARSH. ALL THOSE IN FAVOR OF TABLING THIS FOR 30 DAY SAY AYE. AYE, AYE. ALL THOSE OPPOSED TO TABLING IT FOR 30 DAYS. SAY NAY. NAY, NAY. CAN WE DO A ROLL CALL ON THIS? SURE.

YES, SIR. MAYOR PRO TEM HANEY, I'M SORRY, COUNCILMEMBER HANEY. NAY. COUNCILMEMBER HAWKINS. YES.

COUNCILMEMBER. MARSH. YAY! COUNCIL MEMBER. NGUYEN. NAY. MAYOR PRO TEM. NICHOLS. NAY.

COUNCIL MEMBER. CURTIS. NAY. MAYOR. WARREN. NAY. THE MOTION TO TABLE HAS BEEN DENIED. SO.

MOVE TO APPROVE A ONE SECOND. GOT A MOTION BY CURTIS, SECOND BY NICHOLS TO APPROVE OH ONE.

ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED? NAY. NAY. ALRIGHT. SAME FIVE TO YOU. GOT THAT? CASSANDRA? YES, SIR. ALL RIGHT. THANK YOU KYLE. THANK YOU STEVE.

AND JUST LAST THING I'LL SAY. I THINK MAYOR PRO TEM NICHOLS I THINK HE GOT I THINK YOU'RE GOING TO BE BETTER OFF. I'M NOT A PROFESSIONAL. I'M NOT AN ATTORNEY. BUT I THINK THIS THIS IS HEADING IN A IN A GOOD DIRECTION FOR EVERYBODY. THAT'S JUST MY PERSONAL OPINION. SO

[O-2 Request that the City Council consider adopting an Ordinance amending Tyler City Code Chapter 2 to re-adopt current guidelines and criteria for tax abatement.]

THANK YOU ALL. ALL RIGHT. GO TO. THIS IS A REQUEST THAT THE CITY COUNCIL CONSIDER ADOPTING AN ORDINANCE TO ADOPT THE CURRENT GUIDELINES AND CRITERIA FOR TAX ABATEMENT. THIS IS SOMETHING THAT THE STATE REQUIRES THAT CITIES DO EVERY, EVERY TWO YEARS. AND SO THE PROPOSAL HERE TODAY IS TO ADOPT THE CURRENT GUIDELINES FOR CRITERIA FOR TAX ABATEMENT WITH NO CHANGES. ANY QUESTIONS FOR CARL. MOVE TO APPROVE OH TWO SECOND GOT A MOTION BY CURTIS. SECOND BY WYNN. ANY FURTHER DISCUSSION. ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED. MOTION CARRIES OH

[O-3 Request that the City Council consider adopting an Ordinance amending Tyler CitymCode Chapter 6 by amending the 2021 Editions of the International Building Code, International Mechanical Code, International Fire Code and International Residential Code by updating and amending the provisions related to refrigerants and heating and cooling equipment, including flammable gas, occupancy and storage requirements, household and electrical appliances and boilers and water heaters.]

THREE. GOOD MORNING, MAYOR AND COUNCIL. GOOD MORNING. GIBSON. CHIEF BUILDING OFFICIAL. I'M HERE ON BEHALF OF THE BUILDING SERVICES. AS FAR AS WE'RE LOOKING AT A AMENDMENT TO OUR CURRENT CODES. AS OF JANUARY 1ST OF THIS YEAR, THE FEDERAL GOVERNMENT HAS MANDATED A NEW TYPE OF REFRIGERANT. IT'S A LOWER FOOTPRINT CARBON FOOTPRINT MATERIAL. IT'S CALLED A TO THE TRANSITION TO A REFRIGERANT IS GRADUAL PROCESS THAT INVOLVES BUILDING, UPDATING, BUILDING CODES, EQUIPMENT DESIGN AND TRAINING FOR TECHNICIANS. HVAC MANUFACTURERS IN THE US, SUCH AS TRANE AND CARRIER, HAVE SWITCHED TO MANUFACTURING EQUIPMENT, ONLY

[01:10:02]

USING THE REFRIGERANT. AS OF JANUARY 1ST OF THIS YEAR, 82 REFRIGERANTS ARE BEING USED IN RESIDENTIAL AND COMMERCIAL AIR CONDITIONING, AND REFRIGERATION SYSTEM IS NOW CONSIDERED SAFE AND APPROVED FOR HUMAN COMFORT. IT HAS BEEN USED FOR SEVERAL YEARS IN VEHICLES AND IN SOME REFRIGERATION, REFRIGERATORS AND REFRIGERATION UNITS, SO IT'S NOT A TOTALLY NEW. CONCEPT. THE 2024 ACT CODES, WHICH IS SEC THAT WE'RE UNDER, CHANGES FACILITY COMPLIANCE WITH REQUIREMENTS AND SUPPORT FOR PRODUCERS AND REFRIGERANT PLANTS IS ALREADY TRANSITIONING TO THE LOWER GWP SOLUTIONS, SUCH AS H2, LS APPROVED CODE CHANGES IN THE 2024 INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL FIRE CODE, AND THE INTERNATIONAL MECHANICAL CODE ALLOW COMMERCIAL AND RESIDENTIAL USE OF REFRIGERANTS TO REPLACE HIGHER GLOBAL WARMING. HFC REFRIGERANTS. CURRENTLY, THE 21 CODES THAT WERE UNDER DOES NOT ALLOW FOR A STORAGE OF THIS TYPE OF GAS. BUILDING SERVICES HAS BEEN RESEARCHING HOW CHANGES WILL AFFECT THE BUILDING INDUSTRY AND, FOR THE MOST PART, RESIDENTIAL APPLICATIONS. THE IMPACT WILL BE VERY MINIMAL. FOR COMMERCIAL APPLICATIONS. THERE MAY BE SOME ADDITIONAL REQUIREMENTS BASED ON THE MAXIMUM ALLOWABLE QUANTITY OF THE GAS THAT THEY'RE STORING IN THEIR EQUIPMENT, AND THE CHANGES MAY BE IT'S NOT A BIG CHANGE. THERE MAY BE SOME DEDICATED EQUIPMENT ROOMS, SOME OF THE BIGGER COMMERCIAL FACILITIES WILL HAVE TO HAVE A DEDICATED EQUIPMENT ROOM, WHICH A LOT OF THEM ALREADY DO, VENTILATION AND GAS DETECTION WILL BE A BIT OF A CHANGE. BUILDING SERVICES HAS CREATED A NEW INSPECTION TYPE. IT'S CALLED A EIGHT TO L PRESSURE TEST. THIS TEST WILL BE A NEW REQUIREMENT IN 24 AMC INTERNATIONAL MECHANICAL CODE.

IT REQUIRES THE LANDSAT, WHICH IS A FREE ON LINES TO BE PRESSURIZED USING NITROGEN GAS OR HELIUM TO OFFSET PRESSURE, ACCORDING TO THE MANUFACTURER SPECS. FOR AT LEAST TEN MINUTES.

FOR NOW, OUR INSPECTORS WILL BE GOING ON SITE TO VERIFY THESE TESTS. IT IS OUR INTENT TO EVENTUALLY UTILIZE THE VIRTUAL INSPECTION TO VERIFY COMPLIANCE. AND JUST AS A UPDATE, OR WE HAVE SINCE WE'VE CREATED THIS PRESSURE TEST IN ABOUT APRIL THE 1ST, WE HAVE DONE 38 INSPECTIONS. OUR INSPECTOR HAS GONE OUT 38 TIMES. CURRENTLY WE'RE WORKING WITH THE CONTRACTORS IN INSTEAD OF HAVING TO GO OUT AN ADDITIONAL TIME, WHICH WE ARE DOING RIGHT NOW, WE'RE WE'RE TRYING TO WORK WITH THEM TO WHERE WE GET IT ALL IN, IN ONE SHOT SO WE CAN BE THERE.

THEY DON'T HAVE TO COME BACK AND FORTH, SO WE ARE WORKING WITH THEM ON THAT. SOME OF THEM HAVE HAVE BEEN PRETTY GOOD AT IT, AND THERE'S A COUPLE OF THEM THAT WE'RE STILL TRYING TO WORK WITH THEIR. BUILDING SERVICES DEPARTMENT, ALONG WITH THE CONSTRUCTION BOARD OF ADJUSTMENT. WE MET MAY THE 7TH OF THIS YEAR. THE CONSTRUCTION BOARD REVIEWED ALL THIS, THIS THIS REQUIRED CHANGES IN BUILDING SERVICES, ALONG WITH THE CONSTRUCTION BOARD OF ADJUSTMENTS REQUEST THAT THE CITY COUNCIL CONSIDER ADOPTING AN ORDINANCE AMENDING CITY CODE CHAPTER SIX BY AMENDING THE 21 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FIRE CODE, AND INTERNATIONAL RESIDENTIAL CODE BY UPDATING AND AMENDING THE PROVISIONS RELATED TO REFRIGERANTS AND HEATING AND COOLING EQUIPMENT, INCLUDING FLAMMABLE GAS OCCUPANCY AND STORAGE REQUIREMENTS, HOUSEHOLD AND ELECTRICAL APPLIANCES AND BOILERS AND WATER HEATERS. SO THAT'S MY SPIEL. ALL RIGHT. QUESTIONS? YEAH I DO FOR JUST THE REGULAR HOMEOWNER. I PROBABLY NEED MORE LAYMAN'S TERMS. SO SAY A REGULAR PERSON'S GOT A UNIT THAT USES FREON. IT YOU KNOW, SO WHAT I MEAN WHAT WHAT HAPPENS TO THE REGULAR PERSON WHO USES FREON. THEY WILL CONTINUE MAKING WHAT THE CURRENT WHICH IS THE 14 FREON. IT WILL EVENTUALLY GET PRICED SO HIGH THAT THEY, THEY, THEY'VE DONE THIS A COUPLE TIMES SINCE I'VE BEEN IN THE INDUSTRY. WHAT HAPPENS IS, IS THAT GAS WILL GET TO BE SO HIGH THAT PEOPLE WILL

[01:15:02]

CHANGE OVER TO THIS NEW REFRIGERANT, ANY NEW EQUIPMENT THAT IS INSTALLED TODAY, WILL YOU UTILIZE THIS REFRIGERATION? BUT YOU KNOW, AGAIN IT IT 510 YEARS, YOU'LL STILL BE ABLE TO GET THIS THE CURRENT GAS FOR THE SYSTEMS THAT ARE STILL IN IN PLAY. BUT EVENTUALLY IT WILL THE PRICE WILL JUST GET SO HIGH THA. OKAY, BUT I CAN DO IT. YOU CAN NORMAL JOE CAN STILL BUY FREON AND YEAH, KEEP ON KEEPING ON. YOU CAN. YES OKAY. AND IT WILL CHANGE FOR A WHILE. ULTIMATELY.

THAT'S WHY COMMERCIAL FORCES WILL EVENTUALLY. JUST LIKE WITH ANYTHING YOU GET, EVENTUALLY YOUR REPAIR GUY IS GOING TO BE GOING, LET ME SELL YOU A NEW ONE, BECAUSE THE PARTS OR THE YOU CAN'T GET ANY WELL IN THE A TO L IS ACTUALLY MORE EXPENSIVE EQUIPMENT, BUT THAT'S DAVID. HOW ARE YOU GETTING THE INFORMATION OUT TO ALL OF YOUR HVAC CONTRACTS? THEY ALL KNOW THIS.

THEY'RE PUTTING IN NEW SYSTEMS. BUT ON THE I'M MORE HAD COMMENTS TO ME MORE ON THE INSPECTION SIDE BECAUSE, YOU KNOW, YOU GOT A ROUGH END AND YOU GOT A PRESSURE AND THEN YOU GOT A FINAL. YES. AND I'M HEARING GUYS SAYING, LOOK, I CAN'T GET MY FINAL, I CAN'T GET MY PRESSURE TEST. IT'S SLOWING DOWN MY PROCESS. THE CONTRACTORS JUST BEAT ME UP ON THIS AND I'M WAITING. YES, SIR. WELL, CURRENTLY WE ARE IN CONTACT EVERY DAY WITH WITH THE CONTRACTORS. THE STUFF THAT HAVE BEEN PUT IN ALREADY, THERE'S HAVE BEEN APPROVED THERE. THERE CAN STILL GET THAT EQUIPMENT. THE, THE 14, YOU KNOW IT'S STUFF THAT'S BEEN STOCKED UP. YOU KNOW CONTRACTORS HAVE STOCKED IT UP FOR SO LONG. BUT YES WE ARE WORKING WITH THE CONTRACTORS.

WE'RE ALSO INTENDING TO WITHIN THE NEXT 2 OR 3 WEEKS, HAVE A EDUCATIONAL OPPORTUNITY WHERE WE'RE GOING TO GO OUT AND HAVE CONTRACTORS, BOTH GENERAL CONTRACTORS AND HVAC CONTRACTORS. WE'RE GOING TO HAVE A SOME SORT OF A SEMINAR OR SOMETHING. THAT'S OUR INTENT IS TO GET WITH THEM AND SO THEY CAN FIGURE IT ALL OUT. WHAT WHAT IS REQUIRED. BUT CURRENTLY, THE ONLY THING WE'RE DOING DIFFERENT RIGHT NOW IS THIS PRESSURE TEST. AND IT'S JUST PRESSURIZING THE FREON LINE SET TO WHATEVER THE MANUFACTURERS, THEY'RE ALL DIFFERENT. THE PRESSURE TEST.

AND THEY USE HELIUM, NITROGEN, THAT KIND OF STUFF. AND IT'S FROM THE CONTRACT HVAC CONTRACTOR SIDE. THEY'RE JUST SAYING THAT THAT PRESSURE TEST IS AN ADDED COST TO THEM, BECAUSE THEY GOT TO PULL A COMPLETE VACUUM NOW ON THOSE LINES, BECAUSE THEY CAN'T HAVE ANYTHING THAT COULD CORRECT IT. THEY DON'T NECESSARILY HAVE TO BECAUSE THE LINES ARE NOT HOOKED UP TO THE EQUIPMENT. WE'RE JUST ACTUALLY TESTING THE LINES THEMSELVES. SO THERE'S REALLY NO VACUUM THAT THEY'RE HAVING TO PULL BECAUSE THEY'RE NOT HAVING TO EVACUATE THE SYSTEMS. IT'S JUST THE INSTALLED FREON LINES THEMSELVES HAVE TO BE PRESSURIZED SO WE CAN VERIFY THAT THERE'S NO LEAKS IN IT. AND LIKE I SAID, WE ARE WORKING. WE PROBABLY GOT AT LEAST HALF OF THEM TO WHERE WE'RE DOING THAT NOW, WHEN WE DO THE ROUGH END SO THAT WE DON'T HAVE TO COME BACK.

THE ONLY THING IS, SOMETIMES WHEN WE DO A ROUGH END, THE CONTRACTOR HAS INSTALLED EVERYTHING. HE'S MOVED ON TO A DIFFERENT JOB. WELL, NOW HE WE'RE GOING TO HAVE TO HAVE SOMEBODY THERE TO PRESSURIZE THIS TEST. SO THE. YOU SAID THE PRESSURE TEST IS NEW. IT'S NEW.

YES. IT'S NEW FOR WAS IT REQUIRED BY ICC OR IS IT SOMETHING THIS IS REQUIRED IN THE 2024 INTERNATIONAL MECHANICAL CODE. WHICH I PUT THE IN YOUR PACKET. I PUT THE ICC EVERYTHING IN THERE FOR LEGAL REASONS. I CAN'T PRINT IT OUT OR ANYTHING LIKE THAT. BUT WHILE WE'RE WE'RE LOOKING AT ADOPTING ON THE 24 MECHANICAL CODE IS JUST ONE CHAPTER IN THE BOOK, AND IT'S THE REFRIGERATION CHAPTER. THE OTHER BOOKS HAVE JUST VERY MINIMAL AMENDMENT OR ADOPTION AMENDMENTS TO THEM. AND IT ALL PERTAINS MOSTLY TO THE AMOUNT OF THIS GAS THAT CAN BE STORED. WHY IS THAT? THAT IS BECAUSE THIS IS THE FIRE DEPARTMENT'S HERE AS WELL, THAT THAT IS BECAUSE IT IS A LOW FLAMMABLE GAS. THAT'S WHAT THE L STANDS FOR IN THIS. IT IS IT'S KIND OF SIMILAR TO BUTANE. MAYBE IT'S GOT A REAL LOW FLASHPOINT IN IF IT WAS TO IGNITE, IT'S NOT GOING TO GO ANYWHERE BASICALLY. I MEAN, BACK THERE, HE MAY BE ABLE TO BRING IN A LITTLE BIT

[01:20:02]

MORE ON THAT END OF IT THERE, BUT IT IS CONSIDERED A FLAMMABLE PRODUCT. BUT IT'S A FLAMMABLE PRODUCT. THIS TYPE OF FREON HAS BEEN USED IN EUROPE FOR YEARS. IT HAS. AND LIKE I SAID, YOUR CARS HAVE IT IN THERE. A LOT OF IF YOU HAVE A NEW REFRIGERATOR, IT'S UTILIZING THAT. AND THE ONLY REASON THAT WE'RE HAVING TO CHANGE STUFF IS, IS BECAUSE OF THE AMOUNT THAT'S STORED IN THE EQUIPMENT THEMSELVES. THAT'S WHY RESIDENTIAL, THERE'S NOT THAT BIG OF A CHANGE BECAUSE THEY'RE NOT GOING TO MOST OF THEIR LINE SETS AND ALL THAT ARE PRETTY SHORT AND PRETTY CLOSE. AND SO THEY DON'T HAVE A LOT OF GAS. SOME OF YOUR BIGGER COMMERCIAL, YOU KNOW, IF YOU'VE GOT SOMETHING, A THREE STORY UNIT BUILDING OR SOMETHING LIKE THAT, THEN THERE'S A LOT OF GAS STORED IN THAT EQUIPMENT. ALL RIGHT. ANY QUESTIONS FOR DAVID? I MOVE TO APPROVE OH THREE. SIR. GOT A MOTION BY KURTIS, SECOND BY WIND. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE.

[M-1 Request that the City Council consider authorizing the City Manager to execute a Capital Improvements Project contract in the amount of $12,624,779 with Taknek, LLC for the Lake Tyler Raw Water Pump Station Improvements Bid No. 25-020, and adopt a Resolution reserving the right to reimburse expenditures with proceeds of future debt.]

OPPOSED? MOTION CARRIES. THANK YOU. IN ONE. JACOB. GOOD MORNING. MAYOR. CITY COUNCIL. GOOD MORNING. MORNING. MY NAME IS JACOB YONKER. I'M THE TYLER WATER UTILITIES AND I'M GOING TO BE PRESENTING AGENDA ITEMS M1 AND M2 THIS MORNING. SO STARTING OFF WITH M1 FOR THE LAKE TYLER RAW WATER PUMP STATION IMPROVEMENTS CONSTRUCTION AWARD BID NUMBER 2502 ZERO. SO A LITTLE BIT OF BACKGROUND ON THIS PROJECT. OUR EXISTING RAW WATER PUMP STATION WAS CONSTRUCTED IN THE LATE 90S. AND IT IT TOOK THE PLACE OF THE ORIGINAL ONE THAT WAS DATING BACK TO THE 50S. IT'S LOCATED ON THE NORTH SIDE OF LAKE TYLER, APPROXIMATELY EIGHT MILES TO OUR GOLDEN ROAD WATER TREATMENT PLANT. THIS FACILITY HAS THE CAPACITY OF 24 MILLION GALLONS PER DAY, AND IT SUPPLIES AROUND HALF OF TYLER'S DRINKING WATER. THE RAW WATER PUMP STATION UTILIZES THREE VERTICAL TURBINE PUMPS VIA TWO RAW WATER LINES, AND THESE PUMPS ARE DRIVEN BY VARIABLE FREQUENCY DRIVE. AND YOU'RE GOING TO HEAR ME CALL THEM VFDS. AND THE EXISTING VFDS ARE AT THE END OF THEIR USEFUL LIFE. AND THAT'S REALLY THE MEAT AND POTATOES OF THIS PROJECT. SO LIKE I SAID, WE'RE GOING TO BE REPLACING THE EXISTING VFDS WITH WITH NEW ONES. WE'RE ALSO GOING TO BE BUILDING A NEW CLIMATE CONTROLLED BUILDING TO HOUSE THEM IN. SO THIS IS THE EXISTING ELECTRICAL BUILDING OUT THERE. AND AS YOU CAN SEE, THERE'S NOT VERY MUCH ROOM FOR PHASING OF CONSTRUCTION TO TAKE THE OLD ONES OUT, PUT THE NEW ONES IN. ALL WHILE THE RAW WATER PUMP STATION IS CONTINUING TO OPERATE. SO WE'LL ALSO BE INSTALLING A NEW ELECTRICAL SWITCH GEAR, AND WE'LL BE UPGRADING AND REPLACING THE ELECTRICAL SERVICE AND THE TRANSFORMER TO THE PUMP STATION. ANOTHER BIG PART OF THIS PROJECT IS INSTALLING A STANDBY GENERATOR WITH A 48 HOUR FUEL SUPPLY. WE'LL BE DOING SOME SCADA IMPROVEMENTS AND INTEGRATION. AND THIS IS HOW WE COMMUNICATE AND CONTROL THESE REMOTE FACILITIES. WE'LL ALSO BE REPLACING SOME SEVERAL SOME CRITICAL ON SITE VALVES. AND THERE'S GOING TO BE SOME SITE ACCESS IMPROVEMENT. AND THE LAST POINT HERE ON THIS SLIDE IS NOT NECESSARY OR IT'S NOT IN THE CONSTRUCTION AWARD THAT WE'RE AWARDING TODAY. BUT I WANTED TO GO ON AHEAD AND MENTION IT BECAUSE IT'S RELATIVE TO THIS PROJECT. SO FOR THE COURSE OF THIS PROJECT FROM WHEN WE STARTED TO DESIGN, WE CONSIDERED REPLACING THE MOTORS AND THE PUMPS AS WELL. UPON FURTHER DISCUSSION, WE THOUGHT IT TO BE A BETTER PRACTICE TO REFURBISH THE EXISTING MOTORS AND PUMPS.

WHAT WE'RE DOING THAT IS, OVER THE COURSE OF DESIGN AND CONSTRUCTION, WE'RE GOING TO DO ONE EACH YEAR SO THAT THAT SAVES US ON HAVING TO FULLY REPLACE MOTORS AND PUMPS. SO SEALED BIDS WERE RECEIVED AND READ ALOUD ON APRIL 8TH, 2025. OUR FINAL DESIGN WAS TWO POINT OR $12.2 MILLION. ICON WAS THE APPARENT LOW BIDDER, BUT UPON FURTHER INVESTIGATION THEY HAD SOME ROUNDING ERRORS. BUT THE MAJOR OFFENSE WAS THAT THEY PROVIDED PRICING FOR VFDS THAT DID NOT MEET THE PROJECT SPECIFICATIONS. SO WE MOVED TO THE NEXT LOW BIDDER, WHICH IS PTACNIK, AND THEY DID PROVIDE THE CORRECT PRICING FOR THE PRICING FOR THE CORRECT SPECIFICATIONS. WE REVIEWED THEIR APPROVED CONTRACTOR APPLICATION, AND THROUGH THE VETTING PROCESS, THEY WERE RECOMMENDED BY OUR CONSULTANT FOR THIS PROJECT. WE HAVE A 36 MONTH CONSTRUCTION SCHEDULE. AND THAT'S DUE TO THE LONG LEAD TIME OF SOME OF SOME OF THE ELECTRICAL EQUIPMENT IN THIS PROJECT. SO I WOULD LIKE TO REQUEST THAT THE CITY COUNCIL CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CAPITAL IMPROVEMENT PROJECT CONTRACT IN THE AMOUNT OF $12,624,779 WITH

[01:25:09]

PTACNIK, LLC FOR THE LAKE TYLER RAW WATER PUMP STATION IMPROVEMENTS, BID NUMBER 2502 ZERO AND ADOPT RESOLUTION, RESERVING THE RIGHT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT. SO HAVE WE USED THEM BEFORE? NO, SIR. SO DUE TO THE SPECIFIC NATURE OF THIS WORK, WE DIDN'T SEE REALLY ANY LOCAL CONTRACTORS BID ON THIS. WE RECEIVED THREE BIDS. ICON AND GRAY ICON. AND ALL THREE OF THOSE GUYS. WELL, GREG IS THE ONE CONTRACTOR THAT WE'VE WORKED WITH IN THE PAST. SO WE HAVE REFERENCES. YES, SIR. WE DO HAVE REFERENCES. I HAVE SOME WITH ME HERE. WE CALLED SEVERAL EVERYBODY THAT WE TALKED TO WITH PTACNIK HAD HAD POSITIVE THINGS TO SAY. I DON'T KNOW HERE. THEY HAD POSITIVE THINGS TO SAY. I THINK THERE WAS ONE REFERENCE THAT SAID THAT THEY WERE CURRENTLY WORKING UNDER A CONSTRUCTION PROJECT WITH THEM, AND THAT THEY COULDN'T COMMENT ON, ON PTACNIK, BUT PROFESSIONALISM WAS WAS HIGHLY RECOMMENDED AND RESPONSIVENESS THROUGH ALL THE REFERENCES CHECKED OUT. OKAY, JACOB, THIS IS ONCE AGAIN US UPDATING UPGRADING VERY AGED EQUIPMENT THAT PROBABLY SHOULD HAVE HAPPENED SOONER THAN NOW. YES SIR. SO LIKE I SAID, THE VFDS THEY ARE NEARING THE END OF THEIR USEFUL LIFE. THE PROJECT IS GOING TO BE THREE YEARS. SO THAT'S THAT'S A VERY LONG PROJECT FOR US. BUT WE'RE TAKING STEPS IN THAT PROACTIVE APPROACH. WHAT'S WHAT'S THE RECOMMENDED LIFE ON THOSE VFDS? I BELIEVE IT'S 20 YEARS, BUT I COULD DOUBLE CHECK THAT FOR YOU.

JACOB, WITH THE REFURBISHING OF THE VFDS, HOW FAR DOWN THE ROAD DOES THAT GET US? I WOULD PRESUME IT'S NOT AN EXTRA YEAR, BECAUSE THEN IT WOULDN'T BE COST EFFECTIVE TO REFURBISH ONLY TO REPLACE IT. IS IT A SIGNIFICANT AMOUNT OF TIME? YES. SO THE REFURBISHMENT OF THE PUMPS. YES, YES. WE ESTIMATE THAT THAT THAT THIS REFURBISHMENT WILL GET US TEN YEARS DOWN THE ROAD AND WITH A POSSIBLE ADDITIONAL REFURBISHMENTS. OKAY. ALL RIGHT. MOVE TO APPROVE M ONE SECOND.

GOT A MOTION BY CURTIS. SECOND BY NICHOLS. ANY FURTHER DISCUSSION. ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED. MOTION CARRIES EMPTY ALREADY. SO M-2 IS FOR THE HIGHWAY 271 AND FM 14

[M-2 Request that the City Council consider authorizing the City Manager to execute a Capital Improvements Project contract in the amount of $2,127,942.50 with A.E Shull and Company for the Hwy 271 to FM 14 & N. Broadway 12" Water Line Extension Bid No. 25-031, and adopt a Resolution reserving the right to reimburse expenditures with proceeds of future debt.]

ARE TWO. FM 14 AND NORTH BROADWAY 12 INCH WATER LINE EXTENSION. CONSTRUCTION. AWARD BID NUMBER 2531. SO I'VE GOT THE BACKGROUND AND THE SCOPE ALL ON ONE SLIDE HERE FOR US TODAY. SO THIS PROJECT WAS IDENTIFIED AS A CRITICAL PROJECT IN OUR DISTRIBUTION SYSTEM MASTER PLAN.

AND WHAT IT DOES IS IT IS GOING TO LOOP LARGE DIAMETER WATER LINES, 12 INCH WATER LINES. IT'S GOING TO LOOP THEM TOGETHER ON THE NORTH AND NORTHEAST SIDE OF TOWN. THIS IS GOING TO BE NEAR HIGHWAY 271 AND LOOP 323. AND THEN ANOTHER SECTION ALONG NORTH BROADWAY. AS YOU CAN SEE HERE IN THIS MAP, THIS PROJECT CONSISTS OF OVER 12,500 LINEAR FEET OF 12 INCH WATER LINE. AND THE MAJORITY OF THIS WATER LINE, THE GREAT MAJORITY OF IT IS GOING TO BE IN EITHER SAY, TYLER RIGHT OF WAY OR PRIVATE EASEMENTS. THERE IS GOING TO BE A SMALL AMOUNT IN TEXDOT RIGHT OF WAY. WE'RE GOING TO BE BORING ACROSS TEXDOT RIGHT OF WAY AND IN MULTIPLE LOCATIONS, AND THEN ALL OF THE ASSOCIATED PAVEMENT REPAIR, REVEGETATION, AND JUST REESTABLISHING THE DISTURBED AREA THAT WE NORMALLY DO ON A LINEAR PROJECT LIKE THIS. SO SEALED BIDS WERE RECEIVED AND READ ALOUD ON MAY 8TH, 2025. AS YOU CAN SEE HERE, WE HAD A GREAT TURNOUT. WE HAD TEN BIDDERS BID ON THIS PROJECT. THE TOP TWO WERE VERY, VERY CLOSE. AND REALLY THE TOP FOUR WERE ALL VERY, VERY CLOSE AS WELL. THE LOW BIDDER WAS A SHELL COMPANY. AS YOU CAN SEE HERE, THE CITY OF TYLER HAS DONE MANY PROJECTS WITH SHELL AND THEY ARE RECOMMENDED TO MOVE FORWARD WITH ON THIS PROJECT. AND OUR CONSTRUCTION SCHEDULE IS 180 WORKING DAYS. SO I WOULD LIKE TO REQUEST THE CITY COUNCIL CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE CAPITAL IMPROVEMENTS PROJECT CONTRACT IN THE AMOUNT OF $2,127,942.50 WITH A SCHEDULE AND COMPANY FOR THE HIGHWAY 271 TO FM 14 AND NORTH BROADWAY 12 INCH WATER LINE EXTENSION. BID NUMBER 2503 ONE AND ADOPT RESOLUTION RESERVING THE RIGHT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DATE. SO JACOB IS PART OF THE REASON FOR DOING THIS TO DELETE THE LINE THAT'S GOING OUT TO JOHN FOODS. YES. SO THE WHOLE SYSTEM IS GOING TO SEE BENEFITS ON ON THE NORTH AND NORTHEAST

[01:30:07]

SIDE OF TOWN. SO JOHN SOULS HAS BEEN ONLINE FOR AROUND EIGHT MONTHS AND, AND EVERYTHING'S BEEN GOING GREAT SINCE THEY CAME ONLINE. BUT THIS WAS PART OF KIND OF THE LONGER TERM PLAN.

YOU KNOW, WE KIND OF EVEN REGARDLESS OF THE PROJECT, IN FACT, I MAY REMEMBER A FEW YEARS AGO, BUT WHEN WE TALKED ABOUT THE PROJECT ON HIGHWAY 14 AND HOW THIS ONE WAS GOING TO NEED TO BE DONE BECAUSE IT WAS PART OF YOUR WATER MASTER PLAN, GOT IT. YOU GOT ANY OTHER QUESTIONS FOR JACOB? I THINK YOU GOT A TEN BIDDERS. THAT'S. THAT'S GOOD. I'D LIKE TO CONGRATULATE THE WINNER OF THE BID. ARE THEY HERE? OKAY. NO, NO. TO PRESENT HIM TO SECOND. GOT A MOTION BY SECOND BY NICHOLAS. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED? MOTION CARRIES. THANK YOU. THANKS, JACOB. CHIEF. GOOD MORNING, MAYOR AND COUNCIL. IT'S EXCITING

[M-3 Request that the City Council consider authorizing the City Manager to execute a construction contract for the Police Department Training Center Renovation project to Watson Commercial Construction, Ltd., in the amount of $1,793,000.00.]