Sep 23, 2026 City Council

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MORNING. WELCOME TO THE SEPTEMBER 23RD CITY COUNCIL MEETING. WE WILL BEGIN WITH THE PRAYER FROM COUNCILWOMAN HAWKINS FOLLOWED BY THE PLEDGE. LET US PRAY. HEAVENLY FATHER, THANK YOU FOR BRINGING US TOGETHER TODAY TO SERVE THE CITIZENS OF TYLER. WE ARE GRATEFUL FOR OUR RECENT TRIP TO POLAND AND FOR THE FRIENDSHIPS AND UNDERSTANDING IT FOSTERED, AND FOR THE OPPORTUNITY TO MEET WITH DELEGATES FROM GERMANY, ITALY AND UKRAINE. WE'RE ESPECIALLY THANKFUL FOR YOUR PROTECTION AND FOR BRINGING US HOME SAFELY. PLEASE CONTINUE TO PROTECT THE PEOPLE OF UKRAINE AND GUIDE THEIR LEADERS TOWARD PEACE. WE LIFT UP OFFICER BAXTER AND HIS FAMILY FOLLOWING HIS SERIES ON DUTY ACCIDENT. GRANT HIM HEALING, STRENGTH AND COMFORT AND SUPPORT HIS LOVED ONES. PROTECT ALL FIRST RESPONDERS AS WELL AS CITY STAFF. THIS CITY COUNCIL AND THE ENTIRE CITY OF TYLER. GIVE US WISDOM AND UNITY AS WE CONDUCT THE CITY'S BUSINESS TODAY. MAY OUR DECISIONS SERVE TYLER WELL. IN JESUS'S NAME WE PRAY. AMEN. AMEN. PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALL RIGHT. WE HAVE A FEW AWARDS TO PRESENT, SO WE'LL COME DOWN FRONT FOR A ONE OH MINUTES. YEAH, THAT IS MY BAD. YEAH, I STILL HAVE JET LAG. THAT'S EXACTLY WHAT I HAVE

[MINUTES]

[AWARDS]

ALL RIGHT. FIRST SERVICE AWARD THAT WE WOULD LIKE TO RECOGNIZE IS ADAM TARRANT, POLICE LIEUTENANT. 25 YEARS OF SERVICE. OH, WOW. UP CLOSE AND PERSONAL. 31. THANK YOU. YEAH, I APPRECIATE YOU. BILL STEINMILLER POLICE OFFICER. MANY YEARS OF.

LIKE REALLY CLOSE TO YOU, LIKE, RIGHT RIGHT HERE. ROBERT ROBERSON, FIREFIGHTER, 20 YEARS OF SERVICE IS HE. OKAY? WELL, CONGRATULATIONS. THANK YOU, EVERYBODY FOR YOUR DEDICATION TO THE CITY AND FOR YOUR YEARS OF SERVICE. WE HOPE YOU CONTINUE WITH 25 AND 20 YEARS OF SERVICE. THANK YOU VERY MUCH.

[Z-1 Z26-023 ROBERTO PULIDO AND MARIA DE SOCORRO (1915, 1919, 1925 DUNCAN STREET AND 2025 LYNDON AVENUE) Request that the City Council consider adoption of an Ordinance approving a zone change from M-1, Light Industrial District, M-2, General Industrial District, and C-2, General Commercial District to R-1B, Single-Family Residential District, and R-2, Two-Family Residential District.]

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WHILE THE EXISTING DEVELOPMENT PATTERN IS PRIMARILY SINGLE FAMILY RESIDENTIAL, THE PROPOSED ZONING CHANGE WOULD ALLOW FOR ADDITIONAL RESIDENTIAL OPPORTUNITIES THAT ARE CONSISTENT WITH TYLER. TOMORROW'S NORTH END OBJECTIVE. THIS IS KIND OF A LAYOUT THAT IS BEING PRESENTED BY THE APPLICANT BECAUSE THIS IS A ZONE CHANGE. THE ONLY APPROVAL IS FOR THE ZONE CHANGE, NOT THIS LAYOUT. THIS IS JUST AN OVERSIGHT OF WHAT THEY INTEND TO DO WITH THIS PROPERTY. SO AS YOU CAN SEE THEY WOULD HAVE THE R1 BE ALONG. DUNCAN. AND THE REST OF IT WOULD BE R2, WHICH WOULD BE DUPLEXES AND OR IT COULD BE SINGLE FAMILY AS WELL.

OF THE NOTICES MAILED, NO NOTICES WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST, AND THE PLANNING COMMISSION BY AN ANONYMOUS VOTE RECOMMENDS APPROVAL OF THE ZONE CHANGE.

THANK YOU. ANYBODY HAVE ANY QUESTIONS FOR ANNA? I ENTERTAIN A MOTION. I MOVE TO APPROVE Z.

ONE SECOND. I HAVE A MOTION BY COUNCILMAN CHARLES AND A SECOND BY COUNCILWOMAN DARK BAYS. ALL IN FAVOR? AYE. ANY OPPOSED? Z ONE IS APPROVED. Z TWO. ALRIGHTY. THIS NEXT ONE IS A

[Z-2 PD26-016 EAST TEXAS VETERANS COMMUNITY COUNCIL (3212 CHANDLER HIGHWAY) Request that the City Council consider adoption of an Ordinance approving a PMXD-1, Planned Mixed-Use District 1 final site plan amendment.]

THE FACILITY WILL SERVE FOR A WELLNESS PROGRAM FOR VETERANS AND WILL ALSO BE OPEN TO THE PUBLIC FOR A FEE OF THE NOTICES MAILED. NO NOTICES WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST. THE PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PLAN DEVELOPMENT. ANYBODY HAVE ANY QUESTIONS FOR ME? I SEE TRAVIS OUT THERE. TRAVIS, ANYTHING YOU WANT TO ADD? OKAY. IF YOU WOULD LIKE TO. YEAH, YEAH, YOU'RE WELCOME TO. MORNING, MR. MAYOR.

LADIES AND GENTLEMEN OF CITY COUNCIL, MY NAME IS TRAVIS GLADHILL. GLADHILL FOR THE OFFICIAL RECORD. AS YOU ALL KNOW, YOUR ADDRESS, 3212 WEST FRONT STREET, TYLER, TEXAS, 75702. THANK YOU. GENTS, AS YOU KNOW, CAMP B IS HERE FOR ONE REASON AND ONE REASON ONLY, AND THAT IS TO ASSIST OUR MILITARY VETERANS AND THEIR FAMILY MEMBERS ACROSS 14 COUNTIES HERE IN EAST TEXAS, WHICH COMPRISES OF THE SECOND LARGEST CONCENTRATION OF MILITARY VETERANS IN THE ENTIRE STATE OF TEXAS. WE ARE NOW ASSISTING ALMOST A THOUSAND VETERANS A MONTH NOW THERE AT CAMP B, WITHIN THE LAST TWO MONTHS, WE HAVE BROKEN EACH AND EVERY RECORD THAT WE HAVE HAD, WHICH IS PHENOMENAL. EACH AND EVERY SINGLE YEAR, WE GET TOGETHER AS THE ORGANIZATION OF STAFF AND BOARD, AND WE TRY TO FIGURE OUT WHAT WE CAN DO AND WHAT WE CAN DO MORE. AND LAST YEAR IT WAS BROUGHT UP TO ADD A DRIVING RANGE. THE REASON FOR A DRIVING RANGE IS BECAUSE OF ITS MEDICAL AND MENTAL BENEFITS THAT IT PROVIDES TO THE VETERAN COMMUNITY, AS IDENTIFIED BY THE VETERANS ADMINISTRATION, AS WELL AS A NONPROFIT CALLED TEE IT UP FOR TROOPS. GOLF PROVIDES NOT JUST A ENTERTAINMENT FACTOR, BUT IT PROVIDES PHYSICAL BENEFITS FOR VETERANS AS IT IS A LOW IMPACT EXERCISE, IT PREVENTS MENTAL AND EMOTIONAL HEALTH BENEFITS FROM THE STRESS REDUCTION, DEPENDING ON HOW WELL YOU PLAY GOLF, OF COURSE, AS WELL AS IT REQUIRES YOU TO GET THAT MINDFULNESS TO FOCUS AND LET THE WORLD JUST SLIP AWAY WHILE YOU CONCENTRATE ON ONE THING AT A TIME, AS WELL AS THE SOCIAL AND COMMUNITY

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THESE TREES ARE ALREADY IN EXISTENCE. THEY'RE WELL OVER 100FT TALL. SO IF THE NET DOESN'T CATCH THEM, THEN THE TREE MONKEYS WILL. AND THEN OF COURSE, WE HAVE THE ADDITIONAL SPACE GOING TO, YOU KNOW, TO THE SCHOOL, TO THE NEIGHBORHOOD, TO THE RAILROAD TRACK. WE ACTUALLY DID A BALL FLIGHT STUDY TO IDENTIFY. AND WE ARE WELL WITHIN ALL THE GUIDELINES.

AND THAT IS ALL THE WAY UP TO PGA PROFESSIONALS, ESPECIALLY BY HAVING THE THE BACK NETTING AS WELL. OKAY. SO, MR. LONNIE, YOU WILL BE ALLOWED TO PLAY OUT THERE WITH HIS BALL FLIGHT. I'M NOT TOO SURE WHAT HIS HANDICAP IS, BUT WE WELCOME ANY AND ALL GOLFERS. GOOD, BAD, UGLY. I MEAN, IT DOESN'T MATTER AT THE END OF THE DAY, WITH EACH BUCKET OF BALLS THAT YOU PURCHASE, YOU'LL BE ASSISTING VETERANS. PERFECT WILL REQUIRE A MEMBERSHIP. SO WE HAVEN'T. I MEAN, FOR THE MAYOR. ABSOLUTELY. WE TAKE PAYMENT IN ADVANCE. AND BUT WE ARE LOOKING AT DOING DIFFERENT LIKE, YOU KNOW, MEMBERSHIPS PAY AS YOU GO. THIS WILL BE FULL AUTONOMOUS WHERE WE DON'T EVEN NEED STAFF OUT THERE. IT'S LIKE A GOLF BALL VENDING MACHINE. YOU JUST WALK UP, YOU KNOW, SWIPE YOUR CARD OR INSERT YOUR CASH AND YOU'LL BE ABLE TO PURCHASE YOUR BUCKET OF BALLS. NICE. THANK YOU. JEFF. ANYBODY ELSE HAVE ANY QUESTIONS FOR TRAVIS OR FOR ANDREW? NO, JUST A COMMENT. I JUST WANT TO SAY THANK YOU FOR EVERYTHING CMV DOES. YEAH, FOR SOME VERY IMPORTANT PEOPLE. SO THIS IS AWESOME. AND THE COMMUNITY ASPECT OF THIS WILL ALSO BE VERY IMPACTFUL IN ADDITION TO MEDICAL BENEFITS AND ALL THAT. ABSOLUTELY. THAT WAS ONE OF OUR THOUGHTS IS THE FACT THAT SOMETIMES THE COMMUNITY DOESN'T KNOW THEY'RE VETERANS. SO TO GET THEM OUT THERE AND MAYBE, YOU KNOW, SHARING THAT DRIVING RANGE WITH A VETERAN, YOU CAN, YOU KNOW, CREATE THAT CONNECTION WITH THE COMMUNITY AS WELL. YEAH. THAT'S WONDERFUL.

YEAH. AND IT'S A PERFECT LAND USE FOR THIS. THANK YOU. ALL RIGHT. ENTERTAIN A MOTION.

MOTION TO APPROVE. SECOND. ALL RIGHT. I HAVE A MOTION BY COUNCILWOMAN HOPKINS AND A SECOND BY COUNCILMAN NICHOLS. ALL IN FAVOR? AYE. ANY OPPOSED? ALRIGHT, Z2 IS APPROVED. THANK

[Z-3 PD26-015 SANFORD RENTAL PROPERTIES LLC (1514, 1522, 1532, 1600, 1604, AND 1616 NORTH BROADWAY AVENUE) Request that the City Council consider adoption of an Ordinance approving a zone change from R-1B, Single-Family Residential District to PUR, Planned Unit Residential District with final site plan.]

THE LAYOUT THAT THE APPLICANT HAS PROVIDED, WHICH PROPOSES FIVE DUPLEXES, PROVIDING A TOTAL OF TEN DWELLING UNITS AT A DENSITY OF 5.73 DWELLING UNITS PER ACRE. THE DEVELOPMENT WILL OCCUR IN THREE PHASES, WITH TWO DUPLEXES CONSTRUCTED PER PHASE. EACH UNIT WILL INCLUDE A SINGLE CAR GARAGE WITH TEN ADDITIONAL OFF STREET PARKING SPACES PROVIDED ALONG THE PRIMARY ACCESS DRIVE. A CONNECTED DRIVEWAY SYSTEM WILL HAVE ACCESS FROM BOTH WEST

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[Z-4 PD26-014 COMCORP OF TYLER INC (4300 AND 4350 RICHMOND ROAD) Request that the City Council consider adoption of an Ordinance approving a PCD, Planned Commercial District final site plan amendment.]

THIS IS THE KETK BUILDING. AS YOU CAN SEE, THERE'S RESIDENTIAL AND SOME COMMERCIAL ALONG THAT WEST LOOP. 323 THE EXPANSION. THIS IS THE SITE PLAN PROVIDED THE EXPANSION WOULD ALLOW FOR TO ADD PARKING AND RELOCATE EXISTING STREET PARKING ALONG RICHMOND ROAD. IT WILL EXPAND EXTEND TO THE SOUTH TOWARDS THE ADJACENT R1. A NEIGHBORHOOD. A TYPE B BUFFER YARD IS REQUIRED ALONG THE SOUTHERN PROPERTY LINE PER THE APPLICANT. THE SITE PLAN. THE APPLICANT HAS CHOSEN A TYPE C, WHICH IS THE MOST DENSE OPTION. THE PROPOSED EXPANSION WILL BE SUBJECT TO THE UDC REQUIREMENTS FOR LANDSCAPING AND SCREENING. THIS IS THE BUFFER YARD REQUIREMENTS OF THE NOTICES MAILED. NO NOTICES WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST. THE APPLICANT DID HOLD A NEIGHBORHOOD MEETING ON AUGUST 24TH, WHERE ONE NEIGHBOR WAS IN ATTENDANCE AND EXPRESSED CONCERNS ABOUT LOSING THE EXISTING TREE BUFFER AND POTENTIAL INCREASE IN LIGHTING FROM THE SURROUNDING COMMERCIAL PROPERTIES. TO THAT, ALL LIGHTING WILL NEED TO MEET UDC REQUIREMENTS AS LONG AS WELL AS THE BUFFER YARD REQUIREMENTS. THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL OF THE REQUEST. THANK YOU. ANYBODY HAVE ANY QUESTIONS? ENTERTAIN A MOTION MOTIONS UP FOR ANYBODY SINCE MOVE TO APPROVE Z FOUR. SECOND, I HAVE A MOTION BY COUNCILMAN NICHOLS AND A SECOND BY COUNCILMAN MARSH. ALL IN FAVOR? AYE. ANY OPPOSED? Z FOUR IS APPROVED. Z

[Z-5 ​​S26-004 TAE PARK (3521 SOUTH BROADWAY AVENUE) Request that the City Council, on appeal, adopt an Ordinance approving a Special Use Permit to allow for a food truck park. ​]

HOWEVER, ALONG THIS CORRIDOR YOU DO SEE THE C ONE LIGHT COMMERCIAL ZONING IN THIS AREA AND IT IS A MIXTURE OF VARIOUS RESIDENTIAL COMMERCIAL USES. YOU'VE GOT RESTAURANTS AND OTHER RETAIL. THIS IS A LAYOUT OF THE PROPOSED SITE PLAN WHERE YOU DO SEE A COMMISSARY, A FOOD TRUCK COMMISSARY ON THIS SITE, AS WELL AS A PERMANENT RESTAURANT. AND THEN THE PROPOSAL IS FOR A FOOD TRUCK PARK. THIS PROPOSAL WENT BEFORE THE PLANNING AND ZONING COMMISSION SEVERAL TIMES, BUT THE MOST RECENT TIME IT WAS, AS I SAID, DENIED THE C ONE LIGHT COMMERCIAL DISTRICT, WHICH IT IS ZONED TODAY, DOES NOT ALLOW FOR EVEN A TEMPORARY FOOD TRUCK.

THE C ONE DISTRICT DOES ALLOW FOR A FOOD TRUCK PARK, SO THAT IS A DISTINCTION THAT IS IMPORTANT TO UNDERSTAND FOR THIS CASE, WHERE YOU DO SEE AN ALLOWANCE FOR A TEMPORARY USE FOR A FOOD TRUCK IS AN RC TWO DISTRICT. THAT IS OUR GENERAL COMMERCIAL DISTRICT, WHICH IS MORE INTENSE AND IT ALLOWS FOR OUTDOOR DISPLAY. AND WHAT YOU'LL USUALLY SEE IS A LARGER PARKING LOT WHERE YOU CAN HAVE THAT MANEUVERING THROUGH THAT, THAT PROPERTY TO ALLOW FOR A TEMPORARY USE FOR A FOOD TRUCK. SO THAT'S THE DISTINCTION BETWEEN THE C ONE LIGHT

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THE PLANNING AND ZONING RECOMMENDS THIS FOR DENIAL. HEATHER, YOU BRIEFLY MENTIONED THE HISTORY BY ALLUDING TO A PREVIOUS APPEAL. WILL YOU GO INTO A LITTLE MORE DETAIL? YES, BECAUSE IT ALSO COINCIDES WITH THE LACK OF CERTAINTY THAT YOU REFERENCED, BECAUSE THIS ISN'T THE FIRST TIME THIS ISSUE HAS BEEN BEFORE US IN THE HISTORY OF THEIR ACTIONS, I THINK ARE SOMETHING THAT SHOULD BE CONSIDERED ALONG WITH WHAT THEY'RE PROPOSING. YES. IN JANUARY OF 2023, THE ORIGINAL SPECIAL USE PERMIT WAS APPROVED FOR ONE YEAR. IT EXPIRED IN JANUARY OF 2024. ON THE IN AUGUST OF 25, THEY APPLIED FOR A RENEWAL AFTER CODE ENFORCEMENT AND BUILDING CODE ISSUES, THEY CLAIMED THAT THEY THOUGHT THEY WERE COMPLIANT WITH THE SUP AS LONG AS THEY ONLY HAD ONE FOOD TRUCK. IT DID EXPIRE AND THAT WAS NOT THE INTENT OF THE SUP. IT WAS REALLY FOR A FOOD TRUCK PARK, YOU KNOW, HAVING A ONE FOOD TRUCK IN A C ONE IS NOT ALLOWED. AND SO IT DIDN'T MEET THE INTENT OF THE ORDINANCE. THE IN 2025. WELL, OF COURSE, THERE WAS OTHER VIOLATIONS AT THAT TIME REGARDING LIGHTING. AND SO THAT HAD TO BE MITIGATED AS WELL. LATER IN 2025, P AND Z RECOMMENDED RENEWAL FOR A YEAR, SUBJECT TO THEM STICKING TO THE FOOD TRUCK PLAN AND HAVING UP TO NINE FOOD TRUCKS. AND THEN COUNCIL DENIED THE RENEWAL. THANK YOU. HEATHER, ANYBODY HAVE ANY QUESTIONS FOR HEATHER? I'VE GOT A FEW QUESTIONS. OKAY. SO HEATHER, TWO FOOD TRUCKS. IS THAT SIMULTANEOUSLY ACTIVE FOOD TRUCKS OR. YES. WHEN STAFF WAS LOOKING AT THIS, YOU KNOW, THE THE INTENT AGAIN, IS TO HAVE A LEGITIMATE FOOD TRUCK PARK, WHICH WOULD MEAN THAT IT'S NOT JUST ONE LONE FOOD TRUCK. YOU NEED TO HAVE AT LEAST TWO FOR THIS SCALE OF A FOOD TRUCK PARK, YOU KNOW, AND WHEN WE WERE EVALUATING IT, THE APPLICANT DID SUGGEST THAT THEY COULD COME IN WITH A SCHEDULE OF A ROTATING FOOD TRUCKS OR, YOU KNOW, ONE MAYBE SERVES BREAKFAST, THEN YOU HAVE LUNCH AND THEN DINNER, AND THEN MAYBE THERE WAS SOME CROSSOVER WHERE YOU MIGHT HAVE TWO AT A TIME.

AND WE WE HAVE NOT RECEIVED THAT SCHEDULE AS OF TODAY. THE LAST TIME WE CAME BEFORE COUNCIL, THERE HAD BEEN SOME COMPLAINTS OF SOME LOITERING AND COMPLAINTS FROM NEIGHBORS.

HAS THAT BEEN REMEDIED OR ARE THEY STILL HAVING COMPLAINTS OUT THERE? WE HAVE NOT RECEIVED COMPLAINTS AS OF LATE. YOU KNOW, I JUST SAW CHIEF TOLD HER BACK THERE, DUCKING DOWN. OKAY. AND I GUESS, HEATHER, JUST IF YOU DON'T MIND, JUST SO IT'S CLEAR, COULD YOU KIND OF GO OVER LIKE THE, THE REASONING OR THE RATIONALE BEHIND REQUIRING THE 2 TO 4 TRUCKS FOR THE FOOD TRUCK PARK AS COMPARED TO JUST LIKE HAVING ONE, RIGHT. AND SO THE RATIONALE FOR THAT, IN FACT, I WAS HEAVILY INVOLVED IN THE ORDINANCE DRAFTING FOR FOOD TRUCK TO ALLOW FOOD TRUCKS WITHIN THE CITY OF TYLER AND FOOD TRUCK PARKS. AND THE RATIONALE IS THAT YOU, YOU COULD HAVE MAYBE A C TWO ZONING OR EVEN A PLANNED COMMERCIAL ZONING WHERE YOU DEVELOP ON A, YOU KNOW, AN UNDEVELOPED LOT, A FOOD TRUCK PARK. AND SOMETIMES WHAT YOU SEE THERE IS YOU SEE VARIOUS FOOD TRUCK OPTIONS AND IT CAN OPERATE MORE OF A, LIKE A RESTAURANT BECAUSE YOU'RE REALLY GETTING THAT MASS TO, TO THAT LOCATION. AND SOMETIMES WHAT YOU'LL SEE IS THEY'LL HAVE A, LIKE A STANDALONE BUILDING THAT ALSO MAY SERVE ALCOHOL, YOU KNOW, WITH THEIR

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SO DID THEY SUBMIT ANYTHING SHOWING THAT THEY HAD CONTRACTS FOR ADDITIONAL TRUCKS WITH THE APPLICATION? NO, MA'AM. OKAY. IS THE APPLICANT HERE? YES, THE APPLICANT IS HERE. OKAY, OKAY.

CORRECT. ANY OTHER QUESTIONS FOR HEATHER? I HAVE A QUESTION. I GUESS THAT MIGHT MORE BE FOR THE OWNER. SO IF THEY ARE NOT EVEN OPERATING WITH ONE AND TRYING TO CIRCUMVENT THE CODE, WHY DO THEY EVEN WANT THE PERMIT TO HAVE A FOOD TRUCK PARK? THAT MIGHT BE A QUESTION FOR THEM. YEAH, THAT I, I'M NOT CONNECTING. WHY? HEATHER. ONE QUESTION. THERE WAS ONE THAT'S THE PROBLEM. THERE WAS ONLY ONE WHEN THEY DID HAVE A FOOD TRUCK FROM FROM WHAT I RECALL. AND THERE IS ONE THAT IS. AND THE APPLICANT IS HERE, BUT THERE IS A FOOD TRUCK IS PARKED AT BROADWAY RIGHT THERE IN THAT CORNER, RIGHT. IF YOU TURN OFF OF BROADWAY ONTO THAT, I DON'T KNOW IF IT'S I DON'T THINK IT'S OPERATING. I THINK IT'S JUST THERE FOR STORAGE. THAT'S THE APPLICANT CAN ADDRESS THAT. OKAY. AND HEATHER, IF I RECALL, IN JANUARY 23RD, WHEN IT FIRST CAME BEFORE US, SHOGUNS, YES, WAS CLOSED. THIS IS THE SHOGUNS LOCATION. SO IT WAS A CLOSED LOCATION OF A RESTAURANT WHERE WE WERE TO ALLOW THEM TO PUT IN THE FOOD TRUCK CART WITH THE IDEA THAT THE CLOSED RESTAURANT WAS THERE EXCLUSIVELY FOR BATHROOM USAGE AND COMMISSARY USAGE. CORRECT. AND THAT DIDN'T HOLD TRUE THROUGHOUT. CORRECT. WELL, I THINK THE COMMISSARY HAS, YOU KNOW, STATE REMAINED AT THE SITE, BUT WHAT TRANSITIONED IS THAT LATER THEY DID OPEN THE RESTAURANT AND THEY WERE SERVING FOOD THERE. I THINK THEY STILL DO THAT. IT I THINK THE REALLY ONLY TROUBLE WITH THIS IS THAT THEY COULDN'T REALLY RETAIN MORE THAN ONE TRUCK AT A TIME, AND IT SIMPLY JUST WASN'T SERVING AS A FOOD TRUCK PARK. IT WAS SERVING AS A FOOD TRUCK ONE. AND I RECALL ALSO IT WENT TO COUNCIL. MR. BOB WESTBROOK WAS HOPING TO SEE AT THAT TIME, FORMER RESTAURATEUR, AND HE TOOK THE TIME AND EFFORT TO HELP THEM REDESIGN FOR PARKING AND LAYOUT WITHOUT A RESTAURANT BEING THERE. IT WAS JUST A FOOD TRUCK PARK. SO WHEN WE COUNTED PARKING SPACES AND TRAFFIC FLOW AND EVERYTHING, WE DID IT FOR A FOOD TRUCK PARK BECAUSE THERE WAS NOT A RESTAURANT OPERATING THERE. CORRECT. SO NOW WHAT WE'RE SAYING IS WE'LL HAVE BOTH YET IS IT ADEQUATELY DESIGNED TO HANDLE ALL THAT TRAFFIC AND ALL THAT FLOW WITH OPERATING RESTAURANT AND A FOOD TRUCK PARK? RIGHT. AN EXCELLENT QUESTION. AND REALLY WITH THE INFORMATION THAT WE HAD, AND YOU KNOW, WHAT WE'VE BEEN ABLE TO OBSERVE WITH ONE FOOD TRUCK IS JUST NOT IT WASN'T EVEN A CONSIDERATION BECAUSE WHAT WE HAVE HERE IS A COMMISSARY WHERE THEY DO STORE FOOD TRUCKS. SURE. MORE THAN ONE IN THE BACK, THEY HAVE A RESTAURANT AND THEY WANT A FOOD TRUCK PARK, BUT IT'S REALLY ONLY ONE FOOD TRUCK. SO IT'S KIND OF LIKE THROWING EVERYTHING AT THE WALL. AND BEFORE WE GO ANY FURTHER, LET'S, LET'S JUST NOTE THAT IT'S NOT A RESTAURANT. IT'S A NIGHTCLUB THAT SERVES FOOD. I DO BELIEVE THAT'S HOW IT. SO IT'S A NIGHTCLUB. OKAY. ARE THEY PERMITTED FOR THAT? YES. OKAY.

ALRIGHT. SO HEATHER, BEFORE YOU GO SIT DOWN. CAN YOU CAN YOU JUST GO OVER ONE MORE TIME? THE APPLICANT. THIS IS AN APPEAL. THE SUP THAT THEY APPLIED FOR IS ASKING FOR A FOOD TRUCK PARK.

YES. AND THAT IS TWO FOOD TRUCKS. AT LEAST TWO AT MINIMUM OF TWO. AT LEAST TWO. OKAY. AT

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IT'S NEVER BEEN ADVERTISED AS A NIGHTCLUB. NOT MY DAD IS I, I THINK MY DAD HAS DONE A LOT OF WORK TO AVOID THAT TYPE OF. CULTURE, LOTS OF SECURITY, LOTS OF RULES ON AGE LIMITS, YOU KNOW, COMING IN AT NIGHT TIME. IS THERE MUSIC AND ENTERTAINMENT? YES, BUT NOT THE PLACE TO GO PARTY. AND YOU KNOW, IT'S NOT NOT A NIGHTCLUB. THIS IS A BAR AND LOUNGE. THEY SERVE SERVE BAR BITES AND THEY'VE ALSO MISS MELINDA MURPHY IS HERE TODAY AND SOME SUPPORT AS WELL. SHE IS AN EXAMPLE OF OUR INTENT BEHIND THE FOOD TRUCK PARK. HER FOOD IS SERVED INSIDE THE BAR AS WELL. DESPITE AN UNFORTUNATE SITUATION IN LOSING HER FOOD TRUCK, THE EXCHANGE.

MY DAD WAS KIND ENOUGH TO OFFER HER TO KEEP DOING, YOU KNOW, BUILDING HER BUSINESS AND SERVING FOOD INSIDE THE THE BAR. SO THAT'S WHERE, YOU KNOW, IT'S A BAR AND LOUNGE, BUT IT, IT ALSO SERVES FOOD. AND WE'VE DONE ALL THAT WE CAN TO ACCOMMODATE FOOD TRUCKS AND SMALL BUSINESSES IN TYLER. AS TO THE MINIMUM TO REQUIREMENT THAT THE PLANNING AND ZONING STAFF ALLEGES, AS FAR AS THE CODE, WE SIMPLY WOULD ARGUE THAT THE CODE DOES NOT SAY THERE IS A MINIMAL MINIMUM OPERATIONAL MINIMUM OF TWO FOOD TRUCKS. THE MINOR FOOD TRUCK PARK DEFINITION DOES MENTION THAT A MINOR FOOD TRUCK PARK SHALL CONSIST OF 2 TO 4, BUT IT ACTUALLY OUTLINES EXPLICITLY A MAXIMUM OF FOUR. THERE IS A SECTION. THIS IS SECTION. UDC 1076 D TWO. SO THE CODE DOES NOT SAY AT LEAST TWO MOBILE FOOD UNITS SHALL BE OPEN AND OPERATING SIMULTANEOUSLY AT ALL TIMES DURING BUSINESS HOURS OR WHILE THE FOOD TRUCK PARK IS OPEN. IF YOU COMPARE THAT TO SECTION D THREE, WHERE THE UDC EXPRESSLY USES TEMPORAL LANGUAGE, FOR EXAMPLE. THE CODE EXPRESSLY REGULATES THE REAL TIME NUMBER OF MOBILE FOOD UNITS WHEN IT WANTS TO, IN QUOTATIONS NO MORE THAN THE MAXIMUM NUMBER AT ANY GIVEN TIME, BUT IT SAYS IT NEVER SAYS NO, NO LESS THAN THE MINIMUM TWO. OUR INTENT, THOUGH, WITH THE FOOD TRUCK PARK IS TO OPERATE MORE THAN ONE FOOD TRUCK. THAT'S ALWAYS BEEN THE INTENT. THAT ALWAYS IS THE INTENT. BUT WE CAN'T, YOU KNOW, MAKE A PROMISE THAT EVERY FOOD TRUCK WE HAVE AN AGREEMENT WITH WILL ALWAYS BE THERE WHEN THEY SAY THEY WILL. THESE FOOD TRUCKS ARE MOBILE, THEY'RE TRANSIENT. THEY LIKE TO BE IN DIFFERENT PLACES AT DIFFERENT TIMES TO SERVE DIFFERENT AREAS OF THE COMMUNITY. SOMETIMES IT CAN BE, YOU KNOW, I'VE BEEN TO SEVERAL DIFFERENT FOOD TRUCK PARKS THROUGHOUT TEXAS, AND SOMETIMES IT CAN BE KIND OF FUN FOR CITY MEMBERS TO LIKE, YOU KNOW, WHERE IS SO AND SO SNOW CONE IS GOING TO BE AT TODAY. I WANT TO GO VISIT. AND SO, YOU KNOW, WE'VE SEEN THAT THAT'S KIND OF BEEN THE CASE WITH A LOT OF THE FOOD TRUCKS THAT HAVE BEEN INTERESTED IN PARKING AND SERVING AT THE EXCHANGE. WE DO HAVE TWO LETTERS OF INTENT. I DON'T HAVE THE COPIES OF THE SIGNED COPIES TODAY, BUT WE HAVE TWO LETTERS OF INTENT FROM TWO FOOD TRUCKS. CRAVE, PINAS, JEEPNEY AND P AND K KOLACHES THAT THEY, YOU KNOW, PENDING. WE'D HAVE CONVERSATIONS ABOUT AN ACTUAL CONTRACT WITH THEM.

PENDING THOSE CONVERSATIONS, THEY HAVE LET US KNOW THAT THEY INTEND TO OPERATE ON A CONSISTENT BASIS AT THE EXCHANGE. SO OUR RESPONSE IS KIND OF TWOFOLD. ONE, WE DON'T

[00:35:01]

YOU KNOW, SOMETIMES, YOU KNOW, A FOOD TRUCK MIGHT HAVE ISSUES. THEY MIGHT HAVE AN ISSUE GETTING FOOD THAT DAY. YOU KNOW, RAIN CAN BE AN ISSUE. WE DON'T WANT WE WANT TO MAKE SURE WE ACCOUNT FOR THOSE ISSUES. AND WE DON'T WANT TO RUN INTO A SITUATION WHERE WE'VE PROMISED WE'RE GOING TO HAVE TWO ALWAYS, OR AT LEAST TWO ALWAYS IN OPERATION, AND THEN SOMEONE DRIVE BY ONE DAY IT'S RAINING, ONLY ONE OR NONE ARE IN OPERATION. OOPS. YOUR SPECIAL USE PERMIT, YOU KNOW, SHOULD BE REVOKED. AND SO, YOU KNOW, OUR INTENT HAS NEVER BEEN TO CIRCUMVENT THE CODE BY JUST TRYING TO GET THIS PERMIT AND HAVE ONE FOOD TRUCK. IF THAT WAS THE CASE, WE WOULD LOOK INTO CHANGING, CHANGING OUR ZONING SO THAT WE COULD JUST HAVE ONE. BUT WE OUR INTENT IS TO HAVE, YOU KNOW, A PARK OPERATING AND HAVE AT LEAST 2 TO 3 FOR TRUCKS OPERATING. THANK YOU, MISS CHILDRESS. ANYBODY HAVE ANY QUESTIONS FOR MISS CHILDRESS? OKAY. NEXT CARD I HAVE IS STEPHANIE DAVIS. MISS DAVIS, ARE YOU HERE? YES.

PLEASE COME FORWARD. STATE YOUR NAME AND ADDRESS. AND YOU'RE HERE TO TALK ON ZEE5. YEAH.

OKAY. HI, MY NAME IS STEPHANIE DAVIS. MY ADDRESS IS 400 EAST MAGNOLIA STREET, TROUP, TEXAS, 75789. I'M HERE IN CONCERNS BECAUSE I HAVE LIVED IN TYLER FOR QUITE SOME TIME, ABOUT LIKE A YEAR OR TWO. I'M A STUDENT HERE. AND I ALSO, YOU KNOW, I'VE BEEN OBSERVING, FREQUENTING THE AREA. I'M REALLY EXCITED TO GET TO SEE YOU GUYS AND YOU GUYS FOR SURE.

AND ANYWAYS, WHEN IT COMES TO THE EXCHANGE, I AM FAMILIAR. I'VE BEEN THERE A COUPLE OF TIMES AND I HAVE, I HAVE NOT NOTICED IT TO BE A BAR OF ANY SORTS. I'VE ACTUALLY JUST BEEN THERE OR I'M SORRY, A NIGHTCLUB OF ANY SORTS. I'VE JUST BEEN THERE TO SUPPORT, YOU KNOW, MY FRIENDS WHO BECAME DJS AND ENTERTAINERS. I FEEL LIKE THEM HAVING FOOD TRUCKS. THERE SHOULD BE SOMETHING PASSABLE. SORRY. FIRST THING IN THE MORNING. I FEEL AS THOUGH THAT WOULD FURTHER PROMOTE THEIR BUSINESS, CONSIDERING THAT THEY OFFER THINGS THAT THE FOOD TRUCKS WILL NOT OFFER, SUCH AS PUBLIC RESTROOMS AND AMENITIES SUCH AS THAT. AND ALSO THEY CAN GO INTO THE BAR, MAYBE GRAB A DRINK WHILE THEY'RE ENJOYING THEIR FOOD. IT PROMOTES THEIR BUSINESS FURTHER, AND I FEEL LIKE THAT IS VERY NECESSARY FOR THEIR GROWTH. THANK YOU, MISS DAVIS. THANK YOU FOR YOUR TIME. ANYBODY HAVE ANY QUESTIONS FOR MISS DAVIS? THANK YOU. ALRIGHT.

THE CARD I HAVE IS MR. TODD KANE. MR. KANE. NAME AND ADDRESS, PLEASE. HI, MY NAME IS TODD KANE. I'M THE OWNER OF THE EXCHANGE BAR LOUNGE. MY ADDRESS IS 1327 ELK RIVER ROAD, TYLER, TEXAS, 5701. THANK YOU, MR. KANE. I JUST WANT TO CLARIFY THAT IT WAS NEVER WHERE WE OPENED UP THE FOOD TRUCK PARK, AND THEN THE RESTAURANT OR THE BAR LOUNGE. EVERYTHING WAS OPEN ALL AT ONCE. AND FOR US, I FORGOT YOUR NAME. HEATHER WAS SAYING HOW WE ONLY HAD ONE FOOD TRUCK OPERATING. WE DID HAVE 2 OR 3 TRUCKS OPERATING THROUGHOUT THE DAY. MY SPECIAL USE PERMIT EXPIRED YET JANUARY THE 1ST OF THAT YEAR, AND THE LANGUAGE WE WAS GOING BY THAT YOU HAVE TO BE CONSIDERED A FOOD TRUCK PARK AS YOU HAVE TO RUN TWO OR MORE TRUCKS. AT ONE TIME I STARTED RUNNING ONE SO I WOULDN'T CONSIDER, YOU KNOW, A FOOD TRUCK PARK, WHICH SHE'S RIGHT, BUT IT WAS IT NEVER CAME TO MY ATTENTION THAT I WAS ZONED WITH, NOT ZONED TO HAVE AT LEAST ONE FOOD TRUCK PARK FROM MY FROM MY FIRST MEETING, THAT WAS NEVER THE CASE. THE SPECIAL USE PERMIT, FROM MY KNOWLEDGE, WAS FOR ME TO HAVE MULTIPLE FOOD TRUCKS, NOT JUST TO HAVE ONE AND. AND WITH THE, THE OTHER, YOU KNOW, COMPLAINTS ABOUT THE, THE LIGHTING AND, YOU KNOW, THE POLICE AND STUFF BEING CALLED THAT HAS NOTHING TO DO WITH THE FOOD TRUCK PARK.

I MEAN, YOU GO TO WALMART, THE POLICE CAN GET CALLED. YOU KNOW, SOMETIMES I HAVE TO CALL THE POLICE MYSELF IF I FEEL LIKE IF SOMEBODY IS BEING, YOU KNOW, DISOBEDIENT OR SOMETHING'S GOING TO GET OUT OF HAND, I MEAN, THAT'S WHAT THEY'RE THERE FOR FROM TO CALL. BUT I FEEL LIKE US HAVING THE FOOD TRUCK PARK WILL HELP PEOPLE WITH SMALL BUSINESSES, AND IT WILL HELP THE COMMUNITY COMMUNITY TO COME TOGETHER AND EVERYTHING ELSE. SO AND I HAVE ANOTHER QUESTION. THE MEETING BEFORE LAST TIME WE AGREED ON US THAT Y'ALL WAS GOING TO GIVE US SIX MONTHS. ALRIGHT. WE DIDN'T COME TO THE APPEAL MEETING BECAUSE WE DIDN'T THINK WE WE HAD TO OR THE NEXT MEETING BECAUSE IT WAS AGREED THAT WE WAS GOING TO GET SIX MONTHS. WHEN WE CAME A FEW

[00:40:03]

AGAIN, WE ISSUED THE SUP WHEN THERE WAS NO BAR AND LOUNGE SLASH. WHAT I FEEL IS A NIGHTCLUB OPERATING SHOGUNS WAS CLOSED. AND AT THAT TIME WHEN WE ISSUED IT. SO IT'S GOING TO BE A FOOD TRUCK PARK, WHICH WE WERE FINE AND WE WERE TOLD THE RESTAURANT WAS GOING TO BE USED FOR BATHROOMS AND COMMISSARY STORAGE, NOT A BAR AND LOUNGE. SO WE TOOK THE TIME TO HELP Y'ALL WITH LAYOUT PARKING. AS YOU CAN SEE RIGHT HERE, IT'S LIMITED PARKING. IF YOU'RE OPERATING BOTH A RESTAURANT, BAR, LOUNGE AND FOOD TRUCKS. SO IT EVOLVED INTO OR CHANGED INTO BASICALLY A FULL BLOWN RESTAURANT, BAR AND LOUNGE WITHOUT FOOD TRUCKS OVER TIME.

LAST YEAR I TOOK ON WHEN IT WAS CAME UP BEFORE COUNCIL. LAST YEAR, I TOOK ON ONE OF THE TOUGHER ASSIGNMENTS. WE HAD TO STOP BY AND CHECK THINGS OUT THERE ONE EVENING, AND AS PEOPLE CAN TESTIFY, I HAVE A TENDENCY TO GO INTO RESTAURANTS AND ASK QUESTIONS BECAUSE I'M A RESTAURATEUR AND GOT A CHANCE TO LOOK AT YOUR KITCHEN, OBSERVE YOUR BAR, ENJOY YOUR GUESTS. AND ON THE WAY OUT AT 9:00, I GOT THERE AT 845. ON THE WAY OUT AT 9:00, THEY WERE SETTING UP A CASH DRAWER AT THE HOSTESS STAND. WELL, I HAVEN'T BEEN IN A NIGHTCLUB IN A LONG TIME, SO I STOPPED AND ASKED WHAT THE CASH DRAWER WAS FOR, AND THEY ALL WERE BEGINNING TO CHARGE A COVER CHARGE BECAUSE YOU RAN A DJ THAT NIGHT. SO BARS AND LOUNGES, RESTAURANTS DON'T CHARGE COVER CHARGES FOR DJ'S, AND WHEN I LEFT, THE PARKING LOT WAS FULL. SO WHAT WE'RE GETTING AT IS YOU CAN'T HAVE BOTH. IF YOU'RE GOING TO BE A FAMILY FRIENDLY FOOD PARK, IT NEEDS TO BE A FAMILY FRIENDLY FOOD PARK WITHOUT A RESTAURANT, BAR, NIGHTCLUB ATTACHED. IT JUST CAN'T BE BOTH. IT'S GOTTA BE EITHER OR. WHEN I CAME FIRST, I HAD ALL MY PLANS.

SO I DON'T UNDERSTAND WHERE YOU ARE SAYING THAT IT WASN'T OPEN BECAUSE EVERYTHING OPENED AT THE SAME TIME. I HAD THE SPECIAL USE PERMIT, EVERYTHING, EVERYTHING OPENED AT THE SAME TIME, AND WE ISSUED THE SPECIAL USE PERMIT WITHOUT THE RESTAURANT PLANS BEING PART OF IT. NO, THAT'S THAT'S NOT TRUE BECAUSE I BROUGHT YOU ALL THE PLANS. SO THE SDP WAS APPROVED IN 2000 22, ONE YEAR SUV 23? NO, IT WAS APPROVED IN 2022. OKAY. IT EXPIRED IN DECEMBER OF 2023.

THE RENEWAL REQUEST WAS THEN WE HAD TO THEN PROMPT THE APPLICANT RENEWAL REQUEST SUBMITTED ON SEPTEMBER 2ND, 2025. WITH THAT BEING DENIED BY PLANNING AND ZONING COMMISSION.

AND SO I'M NOT. AND SO THUS WE'RE NOW WE'RE BACK HERE TODAY AFTER AGAIN APPLICANT TO BE AS FAR AS APPLICATION TO PLANNING AND ZONING, PLANNING AND ZONING. TURNED IT DOWN AGAIN IN 2026.

AND Y'ALL ARE HEARING THIS NOW. SO I'M NOT SURE ON THE SIX MONTH SITUATION, BUT THAT WAS IN REFERENCE TO VOTES. THAT'S THE CHRONOLOGY OF WHERE WE ARE TODAY. OKAY. YOU LOOK BACK, WE WERE SAID THAT WE CAN HAVE SIX MONTHS, THAT YOU GET EVERYTHING, YOU KNOW, LINED, LINED OUT.

ONCE WE GOT OUR SPECIAL USE PERMIT RENEWED AND THEY WERE JUST, YOU KNOW, LIKE THE FIRST MEETING AND THEY SAID THEY WAS GOING TO, YOU KNOW, GIVE US SIX MONTHS. AND WE DIDN'T GO TO THE SECOND MEETING. AND IT WAS PUSHED BACK BECAUSE IT WAS THE LIGHTS BROUGHT UP THE POLICE AND ALL THIS, AND PLANNING AND ZONING KICKED IT OUT AGAIN. BUT LIKE I SAID, I DON'T THINK THE ACP WAS EVER RENEWED, THOUGH. NO, NO. CORRECT. CORRECT. BECAUSE WE ONLY GET SIX MONTHS TO SEE HOW EVERYTHING IS GOING TO GO. AND THEN WE CAN, THEY CAN. Y'ALL WAS GOING TO DECIDE THAT WE CAN HAVE A SPECIAL USE. THE SPECIAL USE PERMIT WAS PREVIOUSLY ALLOWED. PERMIT WAS APPROVED. THAT WAS THEIR TIME TO SEE IF THINGS WOULD BE UP AND RUNNING AS THEY PRESENTED.

IT WASN'T, AND I DON'T KNOW IF THE SIX MONTHS IS IN REFERENCE TO MAYBE DISCUSSION THAT PLANNING AND ZONING HAD, BUT IT WAS NOT PART OF THE ACTUAL VOTE THAT THEY TOOK. CORRECT.

BECAUSE THE VOTE WAS A DENIAL. DENIAL, BECAUSE MY PARTNER AND I SHOWED BACK THAT 2025 IN 2026, BUT WE HAD NO PROBLEM, PROBLEM WITH YOU BRINGING UP THE PARKING LOT BEING FULL. I HAVE JOINT PARKING WITH THE WITH THE PEOPLE NEXT DOOR WITH THE NAIL SHOP. WE HAVE HAD NO PROBLEM WITH PARKING OR TRAFFIC OR OR ANYTHING LIKE THAT BECAUSE YOU HAVEN'T BEEN OPERATING A FOOD TRUCK PARK AT NIGHT. IT'S JUST BEEN A BAR. WE HAVEN'T. YOU WEREN'T OPERATING A FOOD TRUCK PARK AT NIGHT THIS LAST TWO YEARS. I HAVEN'T SEEN MULTIPLE FOOD TRUCKS OUT THERE ON ANY.

[00:45:01]

I MEAN, I RUN A, I RUN, I RUN THE PLACE AND I KNOW THAT I HAD FOOD TRUCKS OUT THERE AT NIGHT TIME AND SHE WAS ONE OF THE FOOD TRUCKS. SO THERE WAS. YEAH. OH MAN, IF YOU'RE GOING TO SPEAK, YOU'RE GOING TO HAVE TO COME UP HERE. AND SO I, I'LL, I'LL CALL YOU IN A SECOND. WHAT? MR. CAIN FINISH FIRST. SO YEAH, WE, WE HAD MULTIPLE FOOD TRUCKS. ANYBODY ELSE HAVE ANY QUESTIONS FOR MR. CAIN? SO HAS THE LAST TIME THE SUP WAS ACTIVE WAS IN DECEMBER OF 2023? YES. IS THAT CORRECT? YES. DO WE HAVE AGAIN I MEAN, WHEN THAT WHEN ISUP EXPIRED, THE ONLY REASON I WAS RUNNING ONE FOOD TRUCK AT A TIME BECAUSE I THOUGHT SINCE MY MY PROPERTY WAS PRIVATE PROPERTY, I COULD AT LEAST HAVE ONE FOOD TRUCK. AND THEY SAID YOU HAD TO HAVE TWO FOOD TRUCKS OR MORE TO BE OPERATED AS A FOOD TRUCK PARK. AND KYLE KEPT SENDING PEOPLE, WELL, YOU'RE OFFERING AS A FOOD TRUCK PARK. AND I'M LIKE, WELL, THIS LANGUAGE SAID YOU HAVE TO, YOU KNOW, RUN TWO OR MORE AT A TIME. SO I WOULD RUN ONE IN THE MORNING, ONE IN THE EVENING, SO I WOULDN'T BE CONSIDERED A FOOD TRUCK PARK BECAUSE I THOUGHT I COULD AT LEAST HAVE ONE FOOD TRUCK. AND THEN THEY CAME BACK. WELL, YOU'RE NOT IN THE ZONE TO HAVE ONE FOOD TRUCK. AND THAT'S WHEN THEY CAME AND SHUT ME DOWN FOR A WEEK AND I HAD TO GET EVERYTHING DONE. SO THE PNC DENIAL WAS BASED UPON THEM NOT SHOWING UP FOR THE APPEAL. YES, MA'AM. THOSE ARE THE ONLY REASONS. OR. NO, NO, THAT'S OVER A YEAR AGO. AND SO I'M NOT SURE WHAT THE OTHER COMPONENTS WERE, BUT THERE WAS THERE WAS THERE WAS A DISCUSSION WITH THAT. YEAH. WE'D HAVE TO GO BACK AND REFERENCE THE DISCUSSION WITH THAT OF THE AUGUST 2ND. OR WHAT WAS THAT, AUGUST 2025 OR SEPTEMBER 2ND, 2025 PLANNING AND ZONING TO SEE WHAT THE DISCUSSIONS ARE WITH THOSE. AND YOU WERE TOLD WHAT. MR. THAT WE WAS GOING TO GET WHEN WE WAS TOLD THAT SINCE, YOU KNOW, IT WAS TOUGH FOR US TO STILL FIGURE OUT WITH KYLE AND WHOEVER THE PLANNING AND ZONING, THAT THEY WERE GOING TO GIVE US SIX MONTHS TO SEE HOW EVERYTHING GOES. AND IF, YOU KNOW, EVERYTHING WAS IN COMPLIANCE OR WHATEVER THEY WOULD GIVE US, YOU KNOW, DECIDE ON THE SPECIAL USE PERMIT TO, TO DO ANOTHER YEAR OR THREE YEARS OR FIVE YEARS OR WHATEVER YOU ALL DECIDE. SO THIS WAS A VERBAL AGREEMENT THAT YOU HAVE. YES, MA'AM. RIGHT HERE. YES.

YES, MA'AM. THIS IS ANYTHING THAT THEY SAID THAT THEY'RE GIVING YOU SIX MONTHS. JUST IN THE MINUTES IT'S RECORDED. THERE WAS NEVER A VOTE. THERE WAS NEVER A VOTE. VOTE? I'M JUST SAYING THAT THERE WAS AN AGREEMENT WRITTEN OR IT WAS JUST A VERBAL AGREEMENT. NO, THERE WOULDN'T BE AN AGREEMENT FROM PLANNING AND ZONING OR FROM COUNCIL WITHOUT A VOTE TAKEN. OKAY. HE'S JUST SAYING THAT WHEN HE MET WITH KYLE, THAT WAS A DISCUSSION THAT THEY THAT WAS. SO HE'S HE'S SAYING IT WAS IN HERE. HE'S IN HERE. IS IT POSSIBLE THAT SOMEONE MOVED TO GIVE HIM SIX MONTHS? BUT THEN THAT WAS SHOT DOWN. COULD HAVE BEEN IT MIGHT BE POSSIBLE. HE'S JUST MISUNDERSTANDING THAT WHO'S EVER. WHICH I DON'T THINK HE WAS HERE. WAS IT WAS IT YOU'RE TALKING ABOUT? PNC GAVE YOU THE SIX MONTHS OR WAS IT? EVERYBODY WAS HERE ON THIS COUNCIL. AGREED TO GIVE US SIX MONTHS TO GET EVERYTHING IN ORDER TO SEE HOW EVERYTHING WAS GOING TO OPERATE. AND IF I NEED TO GO BACK IN THE MINUTES AND FIND THAT DISCUSSION, I WOULD. THE SGP WAS ISSUED FOR ONE YEAR. IT LAPSED AND THEN IT WAS NEVER REAPPROVED. SO THERE HASN'T BEEN ANYTHING OFFICIAL FOR SIX MONTHS. RIGHT. AND THE PLANNING AND ZONING AND THE CITY COUNCIL SESSION WAS RIGHT THAT SIX MONTHS. WE'LL COME BACK AND SEE HOW Y'ALL DOING AND THEN WE CAN GO FORWARD WITH IT, YOU KNOW, SPECIAL USE PERMIT FROM MY UNDERSTANDING. BUT LIKE I SAID, I HAVE ALL OF THE MINUTES. THANK YOU. ANYBODY ELSE HAVE ANY QUESTIONS FOR MR. CAIN? JUST MAYBE THERE'S A CONFLATION BETWEEN PLANNING AND ZONING DISCUSSIONS AND CITY COUNCIL DISCUSSIONS. THERE ARE TWO SEPARATE. WELL, I'M SAYING BECAUSE KYLE WAS HERE AT THE AT THE TIME AND THEY THE ONES THAT KEEP DENYING IT. SO THAT'S WHY I KEEP BRINGING UP PLANNING. GOT IT. SO THERE MAY HAVE BEEN A POINT OF DIALOG BETWEEN CITY COUNCIL PLANNING AND ZONING. AS YOU ALL KNOW, OFTEN THERE ARE DIFFERENT IDEAS AND KIND OF SEE WHERE IT GOES. SO CONVERSATION MAY HAVE BEEN HAD, BUT THERE WAS NO VOTE TO BE TAKEN BY EITHER BODY FOR SIX MONTHS TO ALLOW THAT. RIGHT? THAT'S RIGHT. AND KYLE ALSO PRESENTS, JUST LIKE HEATHER DID, WHERE IT COULD HAVE BEEN. KYLE PRESENTING TO COUNCIL ON THIS ISSUE, NOT JUST PNC. SO NOTHING WAS VOTED IN APPROVAL RIGHT THERE. THAT'S RIGHT. YEP. ANY OTHER QUESTIONS FOR MR. CAIN. ALL RIGHT. ANY FOLLOW UP QUESTIONS FOR HEATHER? MA'AM, DID YOU WANT TO SPEAK? YOU COME UP TO THE MIC, STATE YOUR NAME AND ADDRESS. COUNCIL. CAN I SEE MY TIMER AS WELL? TO ANSWER SOME OF YOUR QUESTIONS. I'M GONNA LET HER SPEAK FIRST. OKAY.

HI. MY NAME IS MELINDA MURPHY. THE ADDRESS IS 3521 SOUTH BROADWAY. I CAN VOUCH BECAUSE I

[00:50:05]

ASIAN FOOD IS BECAUSE OF THE EXCHANGE. BECAUSE WHEN THEY LOST THE WHEN THE APPEAL GOT DENIED, WE LOST OUR FOOD TRUCK. YOU KNOW, WE WE ENDED UP LOSING OUR FOOD TRUCK, BUT THE EXCHANGE OPENED THEIR DOORS FOR US TO BE ABLE TO OPERATE AND COME IN. SO THAT'S WHY WE HAVE OUR BUSINESS NOW. SO I'M HERE JUST SUPPORTING THE EXCHANGE, YOU KNOW, TRYING TO GET IT APPROVED SO WE CAN HELP OTHER BUSINESS AND OTHER PEOPLE OUT FOR THE FUTURE PARK, BECAUSE IT REALLY WAS A WHOLE VIBE FAMILY. WE WE WERE PLAYING DOMINOES OUT THERE. YOU KNOW WHAT I MEAN? WE HAD NOT LOUD MUSIC, BUT LOW 90 FIVES. WE HAD DIFFERENT TYPE OF MUSIC, YOU KNOW, JUST TO BRING PEOPLE IN. AND IT WAS A REALLY GREAT VIBE. WE MADE. WE AS A FOOD TRUCK PARK WAS THE VIBE.

AND WE DID WE, YOU KNOW, WE PUT OUR CONTENT OUT THERE ON YOUTUBE, ON SOCIAL MEDIA AND WE LOVED IT. WE ENJOYED IT. AND RIGHT WHEN WE WERE REALLY GETTING BUSY, THAT'S WHEN EVERYTHING CAME CRASHING DOWN, WHEN THE FOOD TRUCK GOT DENIED. BUT WE'RE JUST HERE ASKING FOR FAVOR FOR THE APPEAL. YOU SAY, MISS MURPHY, WHAT'S YOUR NAME, MISS MURPHY? YES, SIR. THANK YOU. ANY QUESTIONS FOR MISS MURPHY? AND THAT WAS IN THE LAST YEAR OR. YES, SIR. SO THE LAST YEAR? YES, SIR. I THINK THAT GOES TO SPEAK TO HOW WE DON'T LOOK AT WHAT'S IN PLACE.

THE SUP TO ALLOW THAT TO GO ON HAVE BEEN EXPIRED FOR OVER TWO YEARS AT THAT POINT, YET THEY CONTINUE TO OPERATE WITHOUT THE SPECIAL USE PERMIT BEING IN PLACE AS THE FOOD TRUCK PARK.

THAT'S THE PROBLEM I HAVE IS WE'RE NOT WE'RE NOT ALL ON THE SAME SHEET OF MUSIC BECAUSE THE OPERATOR CONTINUES TO DO WHAT THEY CHOOSE TO DO WITHOUT OUTSIDE THE BOUNDS OF THE AGREEMENTS WE'VE MADE. WE DEFINITELY WANT TO BE IN LINE WITH WHAT THE GUIDELINES ARE FOR SURE. YOU KNOW, LIKE I, I PERSONALLY EMAIL THE PLANNING AND ZONING MYSELF, LIKE TRYING TO GET COMMUNICATION ABOUT HOW TYLER, TEXAS WANTED EVERYTHING TO BE SET UP. AND, YOU KNOW, I'VE BEEN TRYING TO HELP LIKE TO GET EVERYTHING IN ORDER AND IN LINE SO WE CAN HAVE THE FOOD TRUCK OPEN. SO THAT'S WHY WE WOULD LIKE, YOU KNOW, FOR FAVOR FOR THE FOOD TRUCK TO BE OPEN.

BUT WHATEVER THE GUIDELINE IS, WE'RE WILLING TO MEET THAT. WE'RE WILLING TO GO ABOVE AND BEYOND, YOU KNOW, TO DO THAT. SO THANK YOU, MISS MURPHY. MISS CHILDRESS, YOU HAD A COUPLE FOLLOW UP POINTS YOU WANT TO MAKE. I'LL GIVE YOU TWO MORE MINUTES FOR ANY FOLLOW UP POINTS YOU WANT TO MAKE. THANK YOU. I JUST WANTED TO BRING UP, I THINK, ABOUT THREE THINGS VERY QUICKLY. ONE, SO THE NIGHTCLUB ISSUE AND KIND OF YOU KNOW, WHAT THE WHAT'S THE CULTURE AT THE EXCHANGE? YOU KNOW, IS THIS FAMILY FRIENDLY WHERE, YOU KNOW, YOU USUALLY FOOD TRUCK PARKS ARE OPEN TO, YOU KNOW, FAMILIES, FRIENDS TO GO GATHER, YOU KNOW, YOU'VE GOT PLACES LIKE TOPGOLF, YOU'VE GOT ALL THE MOVIE THEATERS THAT SERVE, HAVE A BAR, HAVE AN ARCADE FOR THE CHILDREN, SERVE ALCOHOL, SERVE FOOD. YOU'VE GOT THE GREEN ACRES BOWLING ALLEY, YOU GOT ALL THESE DIFFERENT FAMILY FRIENDLY PLACES THAT CATER TO BOTH PEOPLE OF LEGAL DRINKING AGE AND THEIR CHILDREN. SO, YOU KNOW, I DON'T THINK THAT IT'S NECESSARILY RIGHT TO SAY THAT, YOU KNOW, JUST BECAUSE IT'S A BAR AND LOUNGE, THAT A FOOD TRUCK PARK WOULDN'T BE APPROPRIATE DURING THE DAYTIME, YOU KNOW, YOU DON'T HAVE PEOPLE GOING TO, YOU KNOW, TO, YOU KNOW, GET A FEW DRINKS IN. AND, YOU KNOW, ALTHOUGH WE DON'T WANT THEM TO GET ROWDY, SOMETIMES PEOPLE DO GET ROWDY WITH THEIR FRIENDS. YOU KNOW, YOU DON'T REALLY SEE THAT IN THE, DURING THE DAYTIME WHEN CHILDREN WOULD BE ALLOWED TO, YOU KNOW, BE THERE. AND THEN AS FAR AS BROUGHT TO MENTION EARLIER THAT I THINK PLANNING AND ZONING SO THAT WE HADN'T SENT THEM ANY DOCUMENTS SHOWING WHAT OUR OPERATING SCHEDULES WOULD BE LIKE TO MAKE SURE THAT WE'RE OPERATING UNDER THE GUIDELINES AND THAT WE NEVER HAVE A MAXIMUM OF MORE THAN A MAXIMUM OF FOUR TRUCKS. WE DID SUBMIT TO THEM AS REQUESTED SAMPLE SAMPLE, SAMPLE

[00:55:03]

THANK YOU. THANK YOU, MISS CHILDRESS. A COUPLE OF POINTS. ONE, I WISH WE DID HAVE A TOPGOLF HERE. THAT THAT WOULD BE GREAT. SO THE COMPARISON TO TOPGOLF. I WISH THAT WAS SOMETHING WE DID HAVE. AND THEN YOU MADE A COMMENT OF YOU WISH WE HAD ALLOWED Y'ALL TO OPERATE A FOOD TRUCK PARK. I WAS ON COUNCIL WHEN THAT DECISION WAS MADE, AND WE DID THINK IT WAS A GREAT IDEA, SOMETHING FOR THE COMMUNITY THAT WE HAVE NEVER HAD BEFORE AND WANTED TO SEE A FOOD TRUCK PARK OPERATING THERE. BUT SINCE I'VE BEEN ON COUNCIL, WE HAVE NOT SEEN A FOOD TRUCK PARK OPERATING THERE. AND YOUR SITE OF THE CODE OF OF NO MENTION OF AT LEAST TWO FOOD TRUCKS ALLOWABLE. THAT'S BECAUSE THE ZONING IS DIFFERENT, WHICH IS WHY YOU HAD AN SUP, WHICH THEN ALLOWED YOU TO HAVE TWO OR MORE FOOD TRUCK PARKS, WHICH IS SOMETHING THAT DID NOT HAPPEN, WHICH WAS A VIOLATION OF THE SUP, WHICH THEN REVERTS BACK TO WHAT YOU ARE ZONED FOR AND YOU'RE NOT ZONED FOR MORE THAN ONE, RIGHT? YES. AND WE UNDERSTAND THE C ONE IS ZONED OR NOT ZONED TO HAVE JUST ONE MOBILE FOOD VENDOR. AND IN ORDER TO HAVE ANY MOBILE FOOD VENDORS, YOU HAVE TO HAVE A FOOD TRUCK PARK OR LICENSE TO HAVE A FOOD TRUCK PARK OR PERMIT, EXCUSE ME. AND THAT IS WHAT THAT IS WHAT WE DID. WE ALLOWED YOU TO DO THAT AND YOU HAVEN'T LIVED UP TO THAT'S U P, WHICH IS WHY IT WAS NOT RENEWED. WELL, I HAVE I HAVE PICTURES IN YOU KNOW, THEY'VE ALREADY SAID THEY HAVE VIDEOS AS WELL ON SOCIAL MEDIA THAT SHOWS MORE THAN ONE FOOD TRUCK PARK OPERATING ON MORE THAN ONE DAY DURING THE TIME PERIOD THAT WE'RE TALKING ABOUT. SO, I MEAN, MAYBE YOU GUYS HAVEN'T DRIVEN BY THE EXCHANGE ON A DAY WHERE THERE WERE MULTIPLE. BUT THAT IS A FACT. IT DIDN'T. IT DID OCCUR. THERE ARE SCREENSHOTS AND VIDEOS THAT EXIST THAT SHOW THOSE THINGS, YOU KNOW, I UNDERSTAND MAY NOT BE THE YOUR UNDERSTANDING. MAYBE YOU DIDN'T OBSERVE THOSE THINGS, BUT THEY DID HAPPEN. AND THAT'S OUR, THAT'S OUR INTENT ALSO, YOU KNOW, ONE, ONE POINT I UNDERSTAND THAT WE'RE TALKING ABOUT THE HISTORY OF THE EXCHANGE, TRYING TO SHOW THE CONSISTENCY, BUT TO REQUIRE THAT A PLACE HAS TO SHOW THAT THEY ARE ALREADY OPERATING MORE THAN ONE FOOD TRUCK, REGARDLESS OF IF THEY HAD A PERMIT BEFORE OR NOT BEFORE THEY CAN GET THE PERMIT TO DO SO. IT'S KIND OF A CIRCULAR, YOU KNOW, WELL THAT THAT'S BECAUSE THE PERMIT WAS ALREADY ISSUED ONCE, ONCE. AND SO THE THAT'S WHY THEY ASKED TO SEE THAT YOU WERE STILL IN COMPLIANCE WITH THE S P IF THIS WAS YOUR VERY FIRST TIME TO ASK FOR THE SUP, THEY WOULD NOT HAVE SAID, WELL, LET'S SEE SOME HISTORY, BECAUSE IT WAS A REQUEST TO RENEW THE SUP. THAT'S WHY THEY SAID, LET'S SEE SOME HISTORY AND THE COMPLIANCE WAS NOT THERE. CORRECT. WELL, THEN I WOULD ASK THE COUNCIL TO GIVE US ONE MORE CHANCE. AND, YOU KNOW, WE WE NOW HAVE DOCUMENTS THAT WOULD ALLOW THE COUNCIL OR THE PLANNING AND ZONING ZONING COMMITTEE TO VERIFY, NOT JUST WITH THEIR EYES ON A GIVEN DAY DRIVING BY, BUT VERIFY WITH OUR RECORDS THAT WE ARE, YOU KNOW, CONSISTENT BY OPERATING A FOOD TRUCK PARK. AND, YOU KNOW, IT'S NOT JUST AN INTENT. IT'S IT'S

[01:00:05]

THANK YOU, MISS CHILDERS. HEATHER, LOOKS LIKE YOU HAVE SOME FOLLOW UP POINTS YOU'D LIKE TO MAKE. YES. I THINK YOU ACTUALLY MADE MOST OF THEM ALREADY. BUT I DO WANT TO REITERATE, I THINK SOMETIMES IT CAN BE CONFUSING. AS WAS MENTIONED BEFORE, WHEN PLANNING AND ZONING MAKES A RECOMMENDATION, YOU KNOW, UNLESS THEY'RE DENYING WHICH HAS TO COME TO COUNCIL ON APPEAL, IF THEY'RE MAKING A RECOMMENDATION, IT ALWAYS HAS TO COME TO COUNCIL FOR YOUR FINAL APPROVAL. AND I THINK THAT'S WHERE MAYBE THERE WAS SOME CONFUSION. AND IN ADDITION TO THAT, IT LIKE THE MAYOR SAID IN STAFF REVIEWING THIS REQUEST, IF THEY REALLY COULD, YOU KNOW, BRING THAT FOOD TRUCK PARK INSTEAD OF A FOOD TRUCK, STAFF WOULD CERTAINLY AS LONG AS IT MET ALL THE OTHER REQUIREMENTS, PARKING AND SUCH. AND AND TO AND I DID VERIFY HE DOES HAVE A SHARED USE PARKING AGREEMENT. AND THEY DO. AND THEY CAN MEET THE PARKING MINIMUM. SO IF, IF THEY REALLY COULD BRING A SCHEDULE THAT SHOWS A TRUE FOOD TRUCK PARK, WHICH MEANS MORE THAN TWO. AND THE CODE DOES SAY SHALL SHALL BE A MINIMUM OF TWO, WHICH MEANS MUST. AND WE COULD SUPPORT THAT. AND IT IS THE COUNCIL'S DISCRETION, IF YOU CHOOSE TODAY TO ALLOW, YOU KNOW, TRY AGAIN FOR A SIX MONTH PERIOD OF TIME AND THEN RE RE YOU KNOW, AND, YOU KNOW, LOOK AT THAT AND SEE, IS THAT WHAT'S ACTUALLY HAPPENING ON THE SITE.

THEN THEY COULD COME BACK FOR A RENEWAL AND IT AND IT COULD BE CONSIDERED SO. BUT THE COUNCIL HAS A DISCRETION HAS DISCRETION COULD DENY, COULD APPROVE WITH CONDITIONS FOR THE SUP OR APPROVE AS WAS ORIGINALLY PRESENTED AT PNC. AND WITH THAT DISCRETION. THAT'S WHY THE HISTORIES HAPPENED, HOW IT DID. WE ORIGINALLY APPROVED IT WHEN THERE WAS A FAILED COMPLIANCE.

IT WAS NOT RENEWED. CORRECT. I THINK IT GETS BACK TO MISS CHILDRESS MENTIONED HOW THERE'S OTHER VENUES THAT OFFER ENTERTAINMENT AND ALCOHOL. WE'RE NOT TRYING TO BE THE FUN POLICE HERE. DON WARREN USED TO TELL US THAT ALL THE TIME. YOU'RE NOT THE FUN POLICE. IT'S THAT WE OPERATED ON TRUST. I WAS SITTING HERE ON PLANNING AND ZONING WHEN WE WE APPROVED.

INITIALLY, I WAS IN THE RESTAURANT BUSINESS. WE WERE EXCITED. STAFF WAS EXCITED. WE WERE ALL FOR IT. THEN WE TOOK THE TIME ON COUNCIL AFTER WE APPROVED IT, AND COUNCIL TOOK TIME TO WORK WITH YOU ON THE LAYOUT TO MAKE SURE YOU HAD ADEQUATE PARKING WITH THE SHERIFF. SO WE WE EXHIBITED THAT TRUST AND THEN THAT TRUST WAS KIND OF VIOLATED BECAUSE THE FOOD PARK NEVER TOOK OFF, BUT THE RESTAURANT AND BAR WAS DEVELOPED. RIGHT. WE WERE TOLD IT WAS TO BE USED AGAIN AS A COMMISSARY AND RESTAURANTS. INSTEAD, IT WAS DEVELOPED INTO A RESTAURANT BAR. AND I MAINTAIN NIGHTCLUB JUST SIMPLY BECAUSE OF THE COVER CHARGES WITH THE DJ. SO WE HAD A TRUST VIOLATION THEN. AND THEN Y'ALL CONTINUE TO OPERATE AFTER YOUR SUP EXPIRED. AND THEN AS THE YOUNG LADY JUST SAID LAST YEAR, WE'RE STILL TRYING TO OPERATE IN THE FOOD PARK, YET YOU DIDN'T HAVE THE SUP TO OPERATE THE FOOD PARK. SO WE EXHIBITED TRUST ON THE FIRST PART. AND NOW YOU'RE BACK MULTIPLE TIMES BECAUSE YOU'RE NOT COMPLYING WITH WHAT WE WE AGREED UPON. AND I REALLY THINK MAYBE WHAT THEY CAN REAPPLY IN SIX MONTHS.

IS THAT CORRECT? IF YOU TAKE AND PUT TOGETHER A GREAT PLAN, COME BACK. I THINK WE'RE ALL EXCITED ABOUT THIS STUFF. BUT THE TRUST VIOLATION ON MULTIPLE OCCASIONS IS WHAT I HAVE ISSUE WITH THERE. THERE IS A CLARIFICATION ON FOR AN SUP REQUEST. THEY DON'T HAVE TO WAIT SIX MONTHS. OKAY, THAT IS ONLY FOR ZONING. OKAY. AND I THINK PART OF THE DISTINCTION IS THAT THEY, THEY DO HAVE FOOD TRUCK PARKED ON THE SITE, BUT THAT'S PART OF THE COMMISSARY USE. THERE ARE TWO DISTINCT USES OF COMMISSARY USE FOR. THEY CERTAINLY CAN PARK THE TRUCKS BACK THERE. AND THEN THERE IS THE PROPOSAL FOR A FOOD TRUCK PARK. HOWEVER, THEY'VE ONLY BEEN ABLE TO CONSISTENTLY DEMONSTRATE A FOOD TRUCK AND I. I THINK PERHAPS MAYBE PART OF THEIR CHALLENGE IS JUST LACKING THE CRITICAL MASS TO ATTRACT A FOOD TRUCK PARK. AND THE PEOPLE THAT WOULD VISIT THAT AREA. SO I GUESS WHAT YOU'RE SAYING, THEY GOT BETTER PLANS, DETAILS, SCHEDULES, COMMITMENTS FROM FOOD TRUCKS. YES. YOU DON'T HAVE TO WAIT SIX MONTHS. YOU CAN COME BACK AND SEARCH. GO FOR THE SUP ONCE AGAIN IN FRONT OF PLANNING AND ZONING. CORRECT. AND AND TO THAT POINT TO YOUR DISCRETION, YOU COULD ALSO

[01:05:02]

I MEAN, WE'RE I MEAN, THEY THEY'VE DONE ALL THAT. THAT'S YOU SAID THAT THAT'S WHY THEY'RE HERE. THEY APPEAL TO COUNCIL. SO THE DECISION IS HERE WHILE WE REVERTING TO PNC BECAUSE THEIR PLANS AREN'T IN ORDER YET. THEY JUST THEY DON'T HAVE THE SCHEDULES NECESSARY AND THINGS OF THAT NATURE ON FILE WITH THE CITY. THIS GIVES THEM AN OPPORTUNITY TO GET THEIR DUCKS IN A ROW WITH HEATHER AND THE STAFF, AND HAVE A BETTER PLAN LAID OUT SO THAT THEY'RE. WE'RE NOT ALL UP HERE DEBATING THINGS. WE'RE BROUGHT A GOOD PLAN, YOU KNOW. WHAT PLAN HAVE THEY SUBMITTED THUS FAR? THEY THEY WE ASKED FOR THE ROTATION SCHEDULE, WHICH WOULD BE MORE IN LINE WITH THE INTENT OF THE CODE, AND WE HAVE NOT RECEIVED THEM. I YOU KNOW, THANK YOU FOR YOUR COMMENTS. OKAY. QUICK QUESTION WAS THE THEY NEEDED TO HAVE A PLAN WHEN THEY ORIGINALLY APPLIED FOR IT BACK IN 22, 23. THEY AND THEY DID HAVE A PLAN, BUT AT THAT POINT THEY DIDN'T COMPLY. YEAH. AND IT WAS APPROVED FOR SIX MONTHS TO TRY IT OUT AND. OKAY.

AND IT EXPIRED. DO WE KNOW WHAT WAS THE BARRIER? MAYBE HE CAN ANSWER THAT. WHY WAS THERE A LAPSE? WHY DID IT LAPSE? I THINK THAT PERHAPS THERE MIGHT HAVE BEEN CONFUSION WHEN WHEN THE COUNCIL APPROVED SIX MONTHS. THAT'S NOT AN AGREEMENT TO STAFF. WE DON'T HAVE THAT AUTHORITY. AND I THINK THAT THE APPLICANT MAY HAVE BEEN CONFUSED THAT, OH, WE'RE GOING TO TRY IT FOR SIX MONTHS. AND HE JUST I DON'T THINK HE REALIZED HE HAD TO COME BACK AND RENEW THE SPECIAL USE PERMIT. I HOWEVER, HE HAD THAT PERSON HAD AN OPPORTUNITY TO REACH OUT TO CONTACT SOMEONE TO ASK THAT QUESTION, RIGHT. BECAUSE THEY WEREN'T UNDER CODE ENFORCEMENT AT THAT TIME, BECAUSE THEY CONTINUED TO USE THE SITE PAST THE, YOU KNOW, THE DATE, THE SIX MONTHS. AND SO THERE WAS CONTACT WITH STAFF. AND IT, IT HAS BEEN CHALLENGING BECAUSE I THINK THAT AND TO THIS DAY, THE APPLICANT IS SAYING THAT IT ONLY REQUIRES ONE TRUCK. AND THAT'S SIMPLY NOT THE CASE, THAT ZONING DOES NOT ALLOW FOR THE USE OF ONE TRUCK, EVEN ON A TEMPORARY BASIS. BECAUSE IF YOU HAVE ONE TRUCK THAT'S NOT A FOOD TRUCK PARK. EXACTLY. OKAY. YEAH. I THINK THEY EXPRESSED THAT. THEY UNDERSTAND THAT. NOW, WHERE DOES THE BURDEN LIE FOR THE UNDERSTANDING OF THESE CODES? IS IT A MUTUAL THING OR WHERE'S THE BURDEN LIE FOR THE CITIZENS TO BE ABLE TO UNDERSTAND THESE CODES? BECAUSE YOU SAID THERE'S CONFUSION FOR THE CONFUSION. THERE'S NO CONFUSION ON BEHALF OF THE STAFF. IT'S VERY CLEAR IT THE FOOD FOR IT TO BE A FOOD TRUCK PARK. THE CODE STATES THAT IT SHALL IT MUST HAVE A MINIMUM OF TWO. IT CAN BE MORE. BUT WHEN THE SPECIAL USE PERMIT IS CONSIDERED, ULTIMATELY IT'S AT THE COUNCIL'S DISCRETION OF WHAT THAT LOOKS LIKE. YOU KNOW, IT COULD BE A TWO THREE FOR A MAXIMUM, YOU KNOW, AND AND YOU CAN LOOK AT THE LAYOUT, MAKE SURE THAT THAT IS IN LINE WITH THE CODE AND, AND ENSURE FOR SAFETY, HEALTH AND WELFARE. THAT IS THAT THE COUNCIL'S DISCRETION FOR A SPECIAL USE PERMIT INTERPRETATION OF CODE IS NOT A PROPER DETERMINATION OF WHO HAS THE BURDEN. BECAUSE THEN WE ALL KNOW DON WARREN LIKES TO DRIVE FAST. HE COULD THEN MAKE THE COMMENT I WAS CONFUSED ON THE SPEED LIMIT. I DIDN'T KNOW IT WAS 35. I COULD SEE THAT. THAT'S THAT'S NOT HOW YOU INTERPRET THAT. I JUST CAN GO BACK TO AN ISSUE THAT WE HAD, WHICH IS THIS THIS SIMILAR BUT DIFFERENT. WHEN WE HAD ISSUES WITH AN S P AND YOU SPOKE ABOUT THEM STILL OPERATING, WE HAD A BUSINESS THAT WAS OPERATING FULLY, AND THEN THEY GOT COMPLAINTS FROM CITIZENS TO THE CITY. THEN THEY WERE TOLD THAT THEY HAD TO HAVE A SPECIAL USE PERMIT. DURING THE TIME THAT THEY APPLIED FOR IT, THEY WERE ABLE TO STAY OPEN. THEY WERE ALLOWED TO STAY OPEN. THEN THEY CAME AND APPEALED TO US AND WE GAVE THEM A WE GAVE THEM A SUIT FOR, I THINK, A YEAR, AND THEN IT WAS REVOKED AFTERWARDS BECAUSE THEY HAD SOME ISSUES.

SO I'M JUST SAYING WE'VE YOU'RE TALKING ABOUT ANOTHER CASE, RIGHT? THAT'S WHAT I SAID. YEAH, YEAH. NOT THIS CASE. IT'S SOMETHING SIMILAR WHERE WE'VE HAD ISSUES WITH AND CONFUSION

[01:10:01]

AND THEY THERE IS NO ISSUES WITH CRIME THAT CHIEF TOLER IS ALSO SECOND US ON THAT. SO RIGHT. AGAIN, THE CURRENT USE. YEAH HAS IS IN FULL COMPLIANCE COMPLIANCE IN REGARDS TO LIGHTING, PARKING LOT, ALL OF THE SITUATION. THERE'S NO QUESTION THE RELATIONSHIP TO THE CURRENT BUSINESS IN ITS USE THAT IS THERE. THAT IS NOT AN ISSUE OR ON THE TABLE. OKAY, GREAT. THE ISSUE ON THE TABLE TODAY IS THE APPEAL FOR THE SPECIAL USE PERMIT ISSUE. SO WITH THAT, I'LL ENTERTAIN A MOTION. I'LL MAKE A MOTION THAT WE DENY THE SPECIAL USE PERMIT.

PUT S26-00 FOR A SECOND. I HAVE A MOTION BY COUNCILMAN NICHOLAS, A SECOND BY COUNCILWOMAN MARSH TO DENY THE APPEAL AND Z5. ALL IN FAVOR? AYE, AYE. ANY OPPOSED? NO. MOTION IS THE MOTION TO DENY THE APPEAL IS APPROVED. R1 ED, IS THIS YOU? YOU AND SCOTT? THIS IS I AM THE INTRO AND

[R-1 Request that the City Council consider adopting a Resolution supporting the Tyler Economic Development Council’s filing an application with the U. S. Economic Development Administration for FY 2025 Public Works and Economic Adjustment Assistance (PWEAA) Grant funds and acknowledging the availability of local match funding.]

GOOD. I'M GOING TO ASK THAT QUESTION FOR BITCOIN MINING. WHAT'S THE 20% MATCH, SCOTT.

EXCUSE ME. WHAT'S THE AMOUNT OF THE 20% MATCH? IT WOULD BE NOT TO EXCEED $1.25 MILLION. A LOT OF. COUNCILMAN HAWKINS THAT DEPENDS ON WHAT WE'RE ACTUALLY AWARDED. RIGHT. ANY OTHER QUESTIONS FOR SCOTT? WE'RE CURRENTLY EVALUATING OUR HALF CENT SALES TAX. AS FAR AS FUND.

YOU HAVE THE AVAILABILITY TO BE ABLE TO DO THAT. I THINK THE TIME FRAME THAT WE'RE LOOKING AT IS THAT YOU WOULDN'T REALLY SPEND ANY MONEY UNTIL NEXT YEAR, PROBABLY IN THIS TIME FRAME, YEAR AFTER FALL OF 2027. SO WE'VE BEEN ABLE TO ADJUST A COUPLE OF DIFFERENT PROJECTS TO

[01:15:03]

AND IT'S ALSO A POINT OF REFERENCE, THE WATER LINE THAT THE CITY HAS BUILT, OF COURSE, JOHN, SOULS THAT ALSO BEEN SERVES THIS PROPERTY AS WELL AS THE WASTEWATER LINE THAT ARE CURRENTLY AS FAR AS PAYING TOWARDS THE TDC IS MANAGING FOR US. THAT THEN PROVIDES WASTEWATER FOR THE PROPERTY AS WELL. A LITTLE BIT OF HISTORICAL CONTEXT. WHEN WE APPROVED THAT WATER LINE FOR THE JONES SOULS PROPERTY, THAT WAS THE INTENT OF DOING THAT WAS IT WOULD SPUR FURTHER ECONOMIC DEVELOPMENT ALONG THAT CORRIDOR. AND HERE WE ARE PRESENTED WITH THIS OPPORTUNITY. YES, EXCITING. AND THIS IS GOING TO BE VIEWED FAVORABLY FROM THE FEEDBACK I'VE GOTTEN, BECAUSE YOU'VE GOT PRIVATE AND PUBLIC SECTOR PARTICIPATION OF THIS. OF COURSE, THE ECONOMIC DEVELOPMENT COUNCIL TOOK ON DEBT TO PURCHASE THAT PROPERTY DEBT THAT WE'RE STILL SERVICING. AND THE CITY HAS BEEN GREAT PARTNERS WITH THE WATER PROVISION AND THE SEWER PROJECT THAT'S UNDER CONSTRUCTION. SO THIS IS A GOOD PARTNERSHIP THAT WILL BRING CAPITAL INVESTMENT AND JOBS TO OUR COMMUNITY. THANK YOU. SCOTT. ANYBODY HAVE ANY QUESTIONS FOR SCOTT? ALL RIGHT. WITH THAT, ENTERTAIN A MOTION TO APPROVE R1. I SECOND A MOTION BY COUNCILMAN NICHOLS, SECOND BY COUNCILMAN MARSH. ALL IN FAVOR? AYE. ANY OPPOSED? R1 IS APPROVED. THANK YOU VERY MUCH. THANK YOU. SCOTT. YEAH. OH ONE HEATHER, BACK TO YOU BET.

[O-1 Request that the City Council consider adoption of an Ordinance approving the reappointment of a chairman and three members of the City of Tyler Tax Increment Reinvestment Zone No. 1 Board of Directors (TIRZ No. 1).]

THAT IS ADMINISTERED BY THE TYLER ECONOMIC DEVELOPMENT COUNCIL, AND THEY ARE REQUESTING THE REAPPOINTMENT OF KATHY SHIELDS, HARRY ED THOMPSON, TANYA REDDICK AND THE REAPPOINTMENT OF DEAN CAGLE AS THE CHAIRMAN OF THE BOARD. THE APPOINTMENTS ARE RECOMMENDED FOR YOUR APPROVAL. IF YOU HAVE ANY QUESTIONS FOR HEATHER, ENTERTAIN A MOTION FOR OH ONE.

I'LL MOVE TO APPROVE. SECOND IN ONE MOTION BY COUNCILWOMAN. SECOND BY COUNCILMAN NICHOLS.

ALL IN FAVOR? AYE. ANY OPPOSED? OH ONE IS APPROVED. HEATHER M ONE THIS IS A REQUEST TO REAPPOINT A MEMBER TO THE SMITH COUNTY REINVESTMENT ZONE. NUMBER ONE, BOARD OF DIRECTORS.

THEY HAVE A BOARD OF DIRECTORS THAT. THAT IS. THAT THAT ADMINISTERS A TOTAL OF APPROXIMATELY 100 128. OKAY. WHERE YOU SEE YELLOW WOOD, THE DEVELOPMENT HAS OCCURRED TO THE EAST OF THE ZONE ALONG STATE HIGHWAY 155, INCLUDING EVERETT EXPRESS, PEPSI BEVERAGE, AND NABORS DRILLING AND TECHNOLOGIES. A PORTION OF THIS SMITH COUNTY ADMINISTERED ZONE IS INSIDE OR HAS A PORTION OF CITY OF TYLER DEVELOPMENT WITHIN THE AREA. THIS IS A BOARD THAT CONSISTS OF NINE MEMBERS, AND THEY HAVE ONE MEMBER THAT REPRESENTS THE CITY OF TYLER AND THE TYLER ECONOMIC DEVELOPMENT COUNCIL IS REQUESTING TO APPOINT ME.

UNLESS YOU WANT TO HAVE ANOTHER MEMBER REPRESENT THIS THIS BOARD. SO THIS IS FOR A TWO YEAR TERM. AND THEY ARE AGAIN RECOMMENDING APPOINTMENT OF HEATHER. NICK, FOR THOSE WONDERING WHY WE HAVE NUMBER ONE AND NUMBER TWO ON OH ONE AND M 101 WAS FOR THE CITY OF TYLER'S TERMS. NUMBER ONE. THIS IS FOR SMITH COUNTY. YES, WE HAVE ONE POSITION. RIGHT. JUST FOR CLARIFICATION. YES, SIR. ANY QUESTIONS FOR FOR HEATHER? I ENTERTAIN A MOTION ON M ONE.

I MOVE TO APPROVE M1A SECOND. SECOND. MOTION TO APPROVE M ONE BY COUNCILMAN. SECOND BY COUNCILMAN NICHOLS. ALL IN FAVOR? AYE. ANY OPPOSED? AND ONE IS APPROVED. THANK YOU.

[M-2 Request that the City Council consider adopting the Half Cent Sales Tax 2026-2027 Annual Work Program.]

[01:20:03]

SO WE GROUPED THOSE INTO WE SEE PROJECTS THAT WE HAVE IN PROGRESS RIGHT NOW, AND THEN ANNUAL PROGRAMS, THINGS THAT WE'RE DOING EVERY YEAR, AND THEN PROJECTS THAT WE WOULD LIKE TO SEE STARTED IN THE NEXT YEAR. SO WITH THAT KIND OF GOING THROUGH THOSE PROJECTS, IS THOSE THAT ARE UNDER PROGRESS RIGHT NOW. YOU GOT YOUR DOWNTOWN IMPROVEMENT AND COMMUNITY SPACE. ALSO FIRE STATION NUMBER TWO THAT IS UNDERWAY FROM A DESIGN STANDPOINT. AND ALSO WE DO HAVE THAT LAKE STREET AND FLUSHABLE, WHICH IS ALSO UNDER DESIGN IN THIS AT THIS TIME. AND SO THOSE ARE THINGS THAT ARE MOVING FORWARD. WE GOT EXPENDITURES THAT ARE HAPPENING KIND OF BACKING UP. AS YOU LOOK AT OUR 27 FORECAST IS IT'S PRETTY AGGRESSIVE AS FAR AS EXPENDITURES. AND WE STILL HAD A HEALTHY BALANCE. AND SO I THINK THE LIKELIHOOD OF US ACTUALLY MEETING THOSE EXPENDITURES PROBABLY NOT.

WE'LL SEE WHAT HAPPENS. BUT I THINK THAT ALSO SPEAKS TO WHAT YOU JUST HEARD ON THE INDUSTRIAL PARK. THERE IS THERE'S FUNDS AVAILABLE WITHIN THE HALF CENT PROGRAM TO ADDRESS THAT AND MOVE PROJECTS AROUND TO, AS OPPORTUNITIES ARISE, ANNUAL WORK PROGRAM. SO THESE ARE PROJECTS THAT WE CONTINUE EVERY YEAR, LIKE OUR ASPHALT ENHANCEMENT, OUR MODERNIZATION, OUR TRAFFIC SIGNAL SYSTEM, RAILROAD CROSSINGS, ALSO SIDEWALKS, SIDEWALKS IS SOMETHING THAT WE'VE HEARD A LOT ABOUT DURING THE COMMENT PERIODS. AND SO THAT CONTINUES TO BE A FOCUS. WE'VE JUST ABOUT WRAPPED UP SOME OF OUR CONSTRUCTION ON OUR CURRENT PROGRAM. AND SO THAT HIT THINGS OVER AT HILLSIDE PARK WITH SOME PEDESTRIAN IMPROVEMENTS THERE A LOT ON KIND OF THE NORTH SIDE OF TYLER ALONG NORTH BRADDOCK GENTRY THAT TIED INTO SOME OF OUR HIGHWAY SAFETY IMPROVEMENT PROJECTS. AND SO THOSE ARE THINGS THAT YOU'RE SEEING THAT WE'VE DONE ON THE SIDEWALK SIDE. AND AS WE LOOK FORWARD, WE'RE CURRENTLY ALMOST COMPLETE WITH DESIGN FOR OUR NEXT ROUND, WHICH INCLUDES SOME SIDEWALK ALONG 32ND STREET, CONNECTING GLASS OVER TO WATER PARK AND ALSO ON CREEK ROAD. SO THOSE ARE SOME DIFFERENT FOCUS AREAS THAT WE HAVE RIGHT NOW. AND WE'RE LOOKING IN THE FUTURE, TALKED ABOUT MAYBE THOSE CONNECTIONS AND GAPS TO TO SCHOOLS AND NEIGHBORHOODS. SO THAT'S SOMETHING WE'LL BE TALKING ABOUT MOVING FORWARD. THEN THERE'S PROJECTS THAT ARE CURRENTLY ON THE WORK PROGRAM THAT WE'RE LOOKING TO GET STARTED. AND THIS IS WHERE WE START GETTING AGGRESSIVE OF HOW DO WE TRY TO GET THESE KICKED OFF. YOU SEE A SUMMARY THERE OF WHAT THOSE PROJECTS, I WON'T NECESSARILY GO DETAILED INTO THAT AT THIS TIME, BUT YOU CAN HAVE A HIGHLIGHT. THEN THERE'S NEW PROJECTS THAT WERE NOT ON OUR WORK PROGRAM THAT WE'RE SAYING WE WANT TO LOOK TO GET STARTED. AND I THINK THE BIG THING TO HIT HERE IS THESE ARE RESULTS OF EITHER GRANT OPPORTUNITIES THAT HAVE ARISEN. SO WE CAN PROVIDE THOSE MATCHING FUNDS TO MAKE OUR DOLLARS GO FURTHER. MAYBE THEIR EMERGENCY PROJECTS, LIKE THE ELM STREET CULVERT, WHERE THAT WAS NOT SOMETHING WE EXPECTED, BUT WE NEED TO ADDRESS ALSO NEW DEVELOPMENT THAT IS COMING UP AND THAT WE NEED TO PARTICIPATE BECAUSE THE RESPONSIBILITY FROM AN ORDINANCE STANDPOINT. AND SO THOSE ARE REALLY THINGS THAT HOW THESE PROJECTS THAT WERE NOT ON OUR RADAR NECESSARILY A YEAR AGO, BUT NOW ARE, AND WHY THEY'RE KIND OF IN THIS TIER ONE TO MOVE FORWARD. NOW, AFTER THAT, WE PRESENTED IN JULY, WE DID DO A 60 DAY COMMENT PERIOD TO PROVIDE FEEDBACK JUST ON THESE SPECIFIC PROJECTS. THE THINGS THAT ARE ON THAT WORK PLAN THAT HAVE BEEN PRESENTED, NOT NEW PROJECTS FOR THE EXISTING PROJECTS. I DEFINITELY WANT TO HIGHLIGHT WORKING WITH OUR IT DEPARTMENT IS WE'VE GOT THE ONLINE FORM SUBMISSION, WHICH I THINK IS MAKING IT A LOT EASIER FOR, FOR CITIZENS TO PROVIDE COMMENTS AND ALSO MAKE SURE THEY'RE PICKING SPECIFIC PROJECTS TO GIVE US FEEDBACK ON, AND ALSO COMMUNICATIONS, DOING THEIR SOCIAL MEDIA POSTS AND GETTING THIS INFORMATION OUT THERE. WE RECEIVED 54 DIFFERENT COMMENTS THIS TIME, WHICH FROM THE TIME THAT I'VE BEEN AT THE CITY, DEFINITELY THE MOST COMMENTS THAT WE'VE PROBABLY RECEIVED ON OUR ANNUAL WORK PLAN DURING THE 6060 DAY

[01:25:01]

AND SO CITIZENS, THERE'S THE PATINA POINT DEVELOPMENT THAT IS HAPPENING JUST TO THE EAST OF THIS AREA, WHICH WOULD CONNECT TO CAMBRIDGE BEND. AND SO THERE ARE CONCERNS FROM THE RESIDENTS ABOUT INCREASED TRAFFIC SAFETY ON THEIR STREETS, POTENTIAL CRIME, AND JUST NEW TRAFFIC INTO THEIR NEIGHBORHOOD BECAUSE OF THEIR ISOLATION THAT THEY HAVE RIGHT NOW. AND SO THOSE ARE DEFINITELY UNDERSTOOD AND CONCERNS THAT WE HAVE, HOWEVER, KIND OF SPEAKING TO WHY THIS PROJECT IS IMPORTANT IS ONE, YOU LOOK AT EMERGENCY RESPONSE, CAMBRIDGE BENDS ITSELF SPECIFICALLY IS SERVED BY FIRE STATION NUMBER NINE, WHICH IS DOWN SOUTH OF BILOXI.

AND SO IT'S ALMOST A 6 OR 7 MINUTE ROUTE TO GET THERE TODAY. BUT WITH THE EXTENSION OF NEW COPELAND AS THAT PATINA POINT DEVELOPMENT OCCURS, YOU'RE GOING TO HAVE AN ADDITIONAL ROUTE TO GET INTO THAT AND CUT DOWN THAT EMERGENCY RESPONSE TIME. ALSO, WHEN YOU LOOK AT OUR ORDINANCE TODAY, ANY SUBDIVISION THAT HAS MORE THAN 120 RESIDENTIAL LOTS SHOULD HAVE AT LEAST THREE POINTS OF ACCESS. CAMBRIDGE GREEN HAS OVER 170 RESIDENTIAL LOTS WITH ONE POINT OF ACCESS TODAY, WHICH WAS A BIG PAIN POINT WHENEVER CAMBRIDGE ROAD WAS GETTING RECONSTRUCTED SEVERAL YEARS AGO. SO I THINK WE UNDERSTAND THE CONCERNS, BUT ALSO JUST PUT IT IN THE CONTEXT OF WHAT OUR ORDINANCE IS, WHAT OUR DESIGN STANDARDS AND WHY THIS PROJECT IS IMPORTANT. AND IT WAS SOMETHING THAT WE WERE LOOKING AT PUSHING OUT A LITTLE BIT FURTHER, BUT BASED UPON FURTHER DISCUSSIONS AND LOOKING, WE DO ARE LOOKING TO MOVE THAT UP IN THIS NEXT YEAR. IF THAT PATINA POINT DEVELOPMENT HAPPENS. AND I WOULD EMPHASIZE THAT PATINA POINT DOES HAVE CONNECTIONS TO CAMBRIDGE, JEFF DAVIS ROAD. SO THIS WOULDN'T BE THEIR ONLY POINT OF ACCESS. THEY ARE REQUIRED TO MAKE THOSE CONNECTIONS TO JEFF DAVIS ALSO WILL HAVE A CONNECTION TO GARRETT DRIVE, WHICH IS JUST NORTH OF HERE. SO IT WOULDN'T BE SOMETHING WE WOULD JUST ALLOW STUB OUT IN NEW HOUSES TO BE ADDED. THERE'S OTHER OTHER ACCESS POINTS. AND SO THAT WAS JUST SOMETHING AGAIN, BECAUSE IT CAME UP, THERE WERE SO MANY COMMENTS. AND AGAIN, THEIR OPPOSITION, THE NEIGHBORHOOD'S CONCERNED, WHICH IS UNDERSTANDABLE, BUT WANTED TO SAY, HEY, THIS IS WHY AND HAVE THAT BACKGROUND FOR THAT PROJECT. SO THAT IS A VERY QUICK HIGHLIGHT OF EVERYTHING. IT IS REQUESTED CITY COUNCIL ADOPT THAT HALF CENT SALES TAX, 2026 2027 ANNUAL WORK PROGRAM. GRAHAM CAMERON, I JUST WANT TO APPLAUD YOU AND YOUR STAFF ON CONTINUING TO PLACE AN EMPHASIS AND FOCUS ON TRANSPARENCY AND GETTING THE INFORMATION OUT THERE TO THE PUBLIC, INVITING FEEDBACK, INVITING COMMENTS, AND NOT BEING AFRAID OF ANSWERING QUESTIONS. AND THE MORE THAT WE CAN CONTINUE TO DO THAT, THE BETTER. SO. SO THANK YOU FOR CONTINUING TO STAY ON TOP OF THAT. YES, I'LL SECOND THAT AS WELL. YEAH, LOTS OF APPRECIATION. THERE'S BEEN A LOT OF WORK THAT HAS GONE INTO THIS AND A LOT OF CONSIDERATION OF BOTH RESIDENTS, DEVELOPERS, PUBLIC SAFETY. SO I THINK IT'S A VERY WELL THOUGHT OUT PLAN. I KNOW YOU'VE WORKED VERY HARD AND WE APPRECIATE YOU. AND I THINK THE CAMBRIDGE BEND COMMENT IS JUST IT'S A CAVEAT FOR EVERYONE. WHEN THE REALTOR SAYS THAT PROPERTY WILL NEVER BE DEVELOPED BACK THERE, YOU'RE FINE. YOU NEED TO TAKE IT WITH A GRAIN OF SALT. RIGHT. ANYBODY ELSE HAVE ANY QUESTIONS FOR CAMERON? WITH THAT, I'LL ENTERTAIN A MOTION ON M2. I WILL MOVE TO APPROVE M2. SECOND, I HAVE A MOTION BY COUNCILWOMAN DARK BAY, SECOND BY COUNCILMAN NICHOLS. ALL IN FAVOR? AYE. ANY OPPOSED? M2 IS APPROVED. THANK YOU. CAMERON M3. CÉDRIC SLASH. NO. LAND. ARE YOU DOING THE. YEAH. WE'RE GOING TO HAVE THREE

[01:30:02]

SO IT WAS TIME TO GO THROUGH THIS PROCESS. THIS NEW CONTRACT WILL START JANUARY 1ST OF 2027, AND THE CONTRACT IS EVEN THOUGH IT'S A FIVE YEAR CONTRACT, WE STRUCTURE IT SO THAT IT'S A TWO YEAR CONTRACT WITH WITH WITH THREE ONE YEAR RENEWALS. AND PART OF THE REASON BEHIND THAT IS IT JUST KIND OF GIVES A NICE CHECK INCREASE. AND THERE'S NO BANKS GET ACQUIRED. BANK SERVICES MAY CHANGE FOR BETTER OR WORSE. YOU JUST KIND OF GIVES THE CITY A NATURAL BREAK, YOU KNOW, PERIODICALLY TO JUST CHECK IN. AND IF THINGS HAVE CHANGED UNFAVORABLY, THEN THE CITY IS FREE TO GO THROUGH THIS PROCESS AGAIN AND SOLICIT NEW, NEW PROPOSALS FOR THE BANKING CONTRACT. SO ULTIMATELY, IDEALLY, THIS GOES THROUGH FIVE YEARS, AS THIS ONE DID. AND WE GO THROUGH DECEMBER 31ST OF 2031. SO THESE ARE THE CODES THAT KIND OF GUIDE THE PROCESS.

105 IS REALLY THE BIG ONE. AND AGAIN, THAT'S THE ONE THAT STIPULATES THIS NEEDS TO BE DONE EVERY FIVE YEARS. IT PUTS OTHER PROCEDURES IN PLACE AS WELL. AND THEN JUST THE OTHER CODES ARE, YOU KNOW, OBVIOUSLY THE CONFLICT OF INTEREST, THE PUBLIC FUND INVESTMENT ACT, PUBLIC FUNDS COLLATERAL ACT. SO THOSE ARE ALL IMPORTANT AS WELL. SO FOR THIS PROJECT, WHAT WE DID IS WE AND IT'S KIND OF IT'S A GOOD EXERCISE FOR THE CITY TO GO THROUGH. WE LOOK AT WHAT BANK SERVICES THE CITY IS USING. ARE THERE NEW BANK SERVICES THAT HAVE BEEN INTRODUCED THAT WE NEED TO ASK ABOUT AND ARE ABOUT? SO WE DO THAT AND THEN WE LOOK AT THE CITY'S ACTUAL BANK SERVICE USAGES. WE CREATE A FEE SCHEDULE. SO IT'S VERY SPECIFIC TO WHAT THE CITY IS ACTUALLY USING. AND THEN THAT GIVES US A GOOD WAY TO MEASURE APPLES TO APPLES FROM THE BANKS THAT RESPOND, 105 SAYS YOU NEED TO SOLICIT WITHIN YOUR MUNICIPAL BOUNDARIES UNLESS YOU CHOOSE TO GO BEYOND. BUT TYLER HAS 25 ELIGIBLE BANKS WITHIN THE CITY LIMITS, SO NO NEED TO EXPAND BEYOND THE BOUNDARIES HERE. AND THEN THE NEXT THING WE DID IS WE CONTACTED THOSE 25 BANKS. WE REACHED OUT TO ALL OF THEM TO MAKE SURE WE HAD A GOOD CONTACT, SO THAT WHEN THE RFA WENT OUT FOR RELEASE, WE KNEW IT WAS GETTING IN THE RIGHT HANDS BECAUSE THERE'S A TIME SENSITIVE NATURE OF GETTING THOSE RESPONSES BACK TO THE CITY. SO THEN WE DRAFTED THE RFA FOR THE CITY, POSTED THE NOTICE, AND IT WAS ADVERTISED AS CHAPTER 105 REQUIRES, AND WE SENT THE RFA OUT TO THOSE 25 BANKS. STEP EIGHT IS WE HAD A NON-MANDATORY PRE-APPLICATION ZOOM VIDEO, AND THAT THAT GIVES US AN IDEA OF THE INTEREST OF THE BANK. AND HONESTLY, IT KIND OF LETS THE INCUMBENT KNOW, HEY, THERE ARE OTHER BANKS THAT ARE INTERESTED IN THE CITY OF TYLER.

SO THAT HELPS CREATE A GOOD COMPETITIVE ENVIRONMENT FOR THE CITY. SO YEAH, WE WENT OUT TO 25 BANKS AND TEN OF THEM CAME TO THAT PRE-APPLICATION ZOOM CALL. SO REALLY A GOOD INDICATION OF INTEREST BY THE LOCAL BANKS OF BEING THE CITY'S BANK. AND THEN AT THE END OF THE DAY OF THOSE TEN, THERE MAY HAVE BEEN ONE THAT WAS ON THAT CALL, BUT WE DID GET EIGHT RESPONSES TO THE RFA. SO REALLY GOOD TURNOUT, REALLY ABOUT A THIRD OF THE BANKS AND NOT ALL BANKS ARE DESIGNED TO TO SUPPORT A CITY JUST THERE'S COLLATERAL NEEDS. THERE'S SOME EXTRA DEMANDS THAT A CITY HAS THAT NOT ALL BANKS CAN MEET. SO REALLY GOOD RESPONSE RATE OF EIGHT THE EVALUATION CRITERIA. SO THIS JUST KIND OF SHOWS THERE'S A WIDE RANGE OF THINGS WE'RE LOOKING AT. IT'S NOT JUST INTEREST RATE. IT'S NOT JUST FEES BUT IT'S CAPABILITIES. SO THERE'S THERE'S A WIDE RANGE HERE. WE HIGHLIGHTED NUMBER EIGHT CONVENIENCE OF LOCATIONS THAT BECAME A FACTOR IN THIS EVALUATION. WE'LL TALK ABOUT THAT IN A MINUTE. BUT THAT'S THAT'S ALSO AN IMPORTANT ELEMENT AS WELL. SO THIS IS THE FINANCIAL ANALYSIS THAT WE PREPARED. AND SO WHAT WE DO IS WE TAKE THAT FEE SCHEDULE, HAVE THE BANKS TELL US WHAT ARE YOU GOING TO CHARGE THE CITY TO PROVIDE THESE SERVICES. AND THEN WE USE THE CITY'S AVERAGE BALANCES WHERE THEY'VE MAINTAINED BALANCES AND WE CALCULATE, OKAY, THE INTEREST RATES. THESE ARE THE INTEREST RATES THAT WE'RE GIVEN. WE SUBTRACT ANY FEES THAT ARE PAID.

AND WE COME UP WITH THAT NET FEE, FIVE YEAR FEE ANALYSIS. ON THE RIGHT HAND SIDE, OBVIOUSLY THAT'S GOING TO FLUCTUATE SOME AS RATES GO HIGHER AND LOWER. BUT AGAIN WE'RE LOOKING FOR AN APPLES TO APPLES COMPARISON. IT'S LIKELY THAT THOSE RATES ARE GOING TO MOVE TOGETHER BY THE VARIOUS BANKS. SO IN LOOKING AT THIS ORIGIN BANK CAME OUT ON TOP WITH THE HIGHEST NET INCOME AMOUNT. NEXT WAS TEXAS BANK AND TRUST. AND THEN SOUTHSIDE BANK WAS NUMBER

[01:35:02]

THEY USE THE SAME ONLINE PLATFORM AS SOUTHSIDE BANK. SO THAT WOULD MAKE. WHILE THE TRANSITION IS STILL A BIG JOB, IT WOULD MAKE IT A LITTLE BIT EASIER. YOU'RE GOING TO BE GOING TO A VERY FAMILIAR SYSTEM THAT YOU'RE BASICALLY ALREADY USING. AND THEY DO HAVE THREE LOCATIONS IN TYLER, INCLUDING ONE THAT'S CLOSE TO CITY HALL. BUT AS I UNDERSTAND IT, THEY DON'T HAVE A DRIVE THROUGH THERE. SO A LITTLE BIT PROBLEMATIC ON THAT. SO ORIGIN HAD A REALLY ATTRACTIVE, I THINK IT WAS ABOUT $450,000 DIFFERENCE OVER WHAT SOUTHSIDE WAS. AND SO OVER THE FIVE YEAR PERIOD. SO THAT DEFINITELY MERITS CONSIDERATION. BUT AS WE LOOKED A LITTLE BIT FURTHER, THERE WERE SOME DIFFERENCES THAT CAME UP. AND SO WE KIND OF RAN SOME NUMBERS ON THIS LIKE, OKAY, DOES THAT ARE THERE? WE KNOW THAT THERE'S JUST THE ONE LOCATION. IT'S SIX AND A HALF MILES AWAY. THAT'S IT'S AN EXTRA 15 MINUTE DRIVE FROM FROM THE SOUTHSIDE LOCATION. SO THAT ADDS A 30 MINUTE ROUND TRIP COMMUTE FOR EACH EMPLOYEE. AND LAUREN RAN SOME NUMBERS ON THIS. I'LL GET TO THOSE NUMBERS IN A SECOND, BUT THAT SIX MILES EACH WAY. SO THAT ADDS 12 MILES ROUND TRIP ALSO. SO IN ADDITION TO THAT, YEAH, YOU GOT THE 12 MONTHS. SO LAUREN RAN THE NUMBERS. THE CITY AVERAGED 12.62 WALK IN DEPOSITS ON A DAILY BASIS. SO QUITE A FEW THERE. SO THAT'S REALLY 31.55 HOURS A WEEK. SO IT'S ALMOST ONE FULL TIME EQUIVALENT IN EMPLOYEES THAT YOU'RE ADDING. AND IT ALSO ADDED AN EXTRA 37,860 MILES DRIVEN OVER THE COURSE OF A YEAR. SO WHEN YOU, WHEN YOU RUN THOSE NUMBERS, JUST KIND OF ASSUMING KIND OF A 30 YEAR, $30 AN HOUR FULLY LOADED RATE, THAT'S ALMOST $50,000 A YEAR IN FULL TIME EQUIVALENT COST, WHEN YOU RUN THE MILES AT THE IRS MILEAGE RATE, THAT EITHER THE EMPLOYEE GETS REIMBURSED FOR TAKING THAT DEPOSIT TO THE BANK, OR WEAR AND TEAR ON CITY VEHICLES TO MAKE THOSE DEPOSITS. THAT ADDS ANOTHER 28,000 IN THOSE FEES.

ANOTHER FACTOR THAT WE ALWAYS HAVE TO CONSIDER, IF YOU'RE LOOKING AT CHANGING BANKS, IS THERE ARE PROGRAMING FEES FOR THE ERP SYSTEM THAT THOSE SYSTEMS GET CHARGED. YOU GET THE CITY GETS CHARGED TO DO THOSE UPDATES TO PROGRAMING. THOSE TYPICALLY RUN 40 TO 50,000 IN THOSE FEES. SO WHEN YOU RUN THOSE NUMBERS AND KIND OF ADD THEM UP, THE THE NET BENEFIT FOR ORIGIN WAS, WAS ACTUALLY JUST FOR 20, I SAID FOR 50, BUT IT WAS ACTUALLY 420,000 OVER THE FIVE YEAR PERIOD. BUT THE AND THAT ANNUAL BENEFIT IS 84,000. SO JUST TAKING THAT FOR 20 DIVIDED BY FIVE. BUT WHEN YOU ADD IN THE COST OF STAFF TIME, THE COST FOR MILEAGE AND JUST KIND OF SPREADING THAT, AMORTIZING THAT $40,000 OVER A FIVE YEAR PERIOD, THE ADDED COSTS ARE 85,000. SO YOU START OFF WITH 420 000. BUT ACTUALLY THE ANNUAL NET BENEFIT IS A NEGATIVE OF 1000 798. SO BASED ON THAT ORIGIN WAS TAKEN OUT OF FURTHER CONSIDERATION.

JUST BECAUSE THE NUMBERS DIDN'T REALLY ADD UP TO MAKE THAT TO MAKE SENSE. SO HE'S ACTUALLY A LITTLE WORSE OFF BY MAKING THAT MOVE. SO THEN WE HAD NARROWED IT DOWN TO SOUTHSIDE TEXAS BANK AND TRUST. SO IT WAS FAIRLY CLOSE BETWEEN THEM. AND SO WE DID WHAT WAS CALLED THE BEST AND FINAL OFFER. SO WE REACHED OUT TO BOTH BANKS AND SAID, YOUR FINALISTS IN OUR CONSIDERATION, ARE THERE ANY IMPROVEMENTS YOU CAN MAKE TO YOUR APPLICATION TO HELP US MAKE A FINAL DECISION? AND BOTH BANKS DID IMPROVE THEIR TERMS. TEXAS BANK AND TRUST LOWERED PRICING ON A COUPLE OF THE HIGH VOLUME ITEMS AND SIGNIFICANTLY REDUCED THEIR FEES BY $1,000 A MONTH, SO THAT WAS A VERY NICE IMPROVEMENT THERE. SOUTHSIDE IMPROVED BY BY ADDING AN INTEREST RATE TO THE CITY'S OPERATING ACCOUNT, WHICH IS CURRENTLY NON-INTEREST BEARING, AND SO THAT THAT ALSO HELPED THEIR OFFER. SO OVERALL, THE BENEFIT OFFERED BY TEXAS BANK AND TRUST TOTALS $11,905. THAT'S OVER THE FIVE YEAR CONTRACT. SO THAT REALLY DOESN'T COMPENSATE FOR THE AMOUNT OF WORK. AND DISRUPTION OF CHANGING BANKS ALSO DOES NOT COVER THOSE PROGRAMING COSTS THAT ARE GOING TO COME IN. SO CITY WOULD STILL COME BEHIND, END UP BEHIND FINANCIALLY BY MAKING A BANK CHANGE HERE. SO SOUTHSIDE HAS BEEN A PROVEN AND VALUED PARTNER. AND KIND OF AS WE WERE TALKING ABOUT THIS WITH THE STAFF, THEY'RE LIKE, AND THERE WERE A COUPLE OF INSTANCES THAT CAME UP WHERE THEY HAD REALLY STEPPED UP AND PROVIDED, YOU KNOW, GOING ABOVE AND BEYOND. SO THAT'S, THAT'S VALUABLE TOO. AND ALSO, I THINK

[01:40:04]

THANK YOU. OKAY. I'LL ENTERTAIN A MOTION ON M3. I'LL MOVE TO APPROVE M3. SECOND, I HAVE A MOTION BY COUNCILMAN SECOND BY COUNCILMAN NICHOLS. ALL IN FAVOR? AYE. ANY OPPOSED? M3 IS APPROVED. THANK YOU. BONNIE, DID YOU WANT TO SAY ANYTHING GOOD, JARED? YOU'RE GOOD. OKAY,

[CONSENT]

SECOND, BY COUNCILMAN MARSH TO APPROVE THE CONSENT AGENDA, AS IS. ALL IN FAVOR? AYE. ANY OPPOSED? CONSENT AGENDA IS APPROVED. EDITOR. CITY MANAGER'S REPORT. YES. MAYOR

[CITY MANAGER'S REPORT]

WE UNDERSTAND THAT DIFFERENT BUSINESSES ARE NOT ONLY PROVIDING FOOD FOR HIS FAMILY AND MAKING SURE THEY'RE WELL TAKEN CARE OF, BUT PLACES LIKE WHATABURGER HAVE SOMETHING THAT IS COMING UP AND PLANNED THAT I JUST LEARNED ABOUT THAT TO HELP WITH PROCEEDS TO HELP FOR OFFICER BAXTER AND HIS FAMILY AS THEY GO THROUGH THIS, AS HE WAS OUT THERE TAKING CARE OF US WHEN THAT ACCIDENT OCCURRED. AND SO WE CAN WE ASK YOU TO CONTINUE TO PRAY AND THINK ABOUT OFFICER BAXTER, JUST SO THAT FOR HIS IMPROVEMENT AND EVERYTHING, THAT HE'S A TOUGH GUY. I MEAN, HE IS REALLY, AS FAR AS HE'S BEEN, NOT ONLY A MIRACLE FOR HIS SURVIVAL, BUT JUST HIS CONTINUAL IMPROVEMENT AND WHERE HE'S AT NOT EVEN A WEEK LATER. AND SO, BUT BUT IT'S STILL, LIKE I SAID, IT'S STILL A WAYS TO GO FOR FULL ON RECOVERY. WHEN I RECOGNIZE COUNCILMEMBER HAWKINS, COUNCIL MEMBER PETRO HAWKINS, SHE EARNED HER TEXAS MUNICIPAL LEAGUE CERTIFIED MUNICIPAL OFFICER DESIGNATION, OFFICIAL DESIGNATION. OVER THE LAST YEAR, SHE COMPLETED 60 HOURS OF TRAINING WITH FOCUS ON CORE COMPETENCIES SUCH AS ETHICS, FINANCE, GOVERNANCE, THE OPEN MEETINGS ACT AND THE PUBLIC INFORMATION ACT. AND WE WANT TO THANK COUNCILMEMBER HAWKINS FOR HER DEDICATION TO PUBLIC SERVICE IN THE TYLER COMMUNITY.

THANK YOU, THANK YOU. MAYOR PRO TEM. YES, MADAM PRO TEM. AND THEN FINALLY, I WANT TO ALSO THANK OUR COUNCIL MEMBER, OUR MAYOR, OUR MAYOR PRO TEM AND COUNCILMAN NICHOLS FOR REPRESENTING THE CITY AT OUR SISTER CITY DELEGATION VISIT TO HELENA GORA, POLAND. IT WAS A

[01:45:03]

TOMORROW IS THE LAST DAY FOR THE PEANUT BUTTER CHALLENGE. SO GET YOUR PEANUT BUTTER IN DROP OFF LOCATIONS. HOW ARE WE DOING? WE'RE NOT DOING GOOD. OH, I WASN'T GOING TO ADD THAT PART, BUT SINCE YOU ASKED, HEY, I'VE GIVEN I'M NOT DOING GOOD. SO I'VE DONE A LOT OF PEANUT BUTTER. HAVE BRAD WRITE A BIGGER CHECK. OKAY. DROP OFF SOME PEANUT BUTTER NOW THAT YOU'RE BACK IN TOWN. YES, THAT'S EXACTLY RIGHT. SO YES, TOMORROW IS THE LAST DAY FOR THAT. PLEASE GET YOUR PEANUT BUTTER IN THE DEPARTMENTS. WANT TO HAVE A INNER DEPARTMENT CHALLENGE AMONGST ALL THE OTHER DEPARTMENTS. I WILL ALLOW THAT. NO, BUT SERIOUSLY. YES. PEANUT BUTTER CHALLENGE ENDS TOMORROW AND THEN WE WON'T MEET AGAIN BEFORE THIS STARTS. BUT THIS WEEKEND IS THE KICK OFF FOR THE EAST TEXAS STATE FAIR AND RODEO. SO HOPE EVERYBODY ATTENDS THE FAIR AND RODEO. ENCOURAGE EVERYBODY TO GO OUT THERE, HAVE A GOOD TIME. THEY DO A GREAT JOB, ESPECIALLY AT THEIR NEW LOCATION. SO LOOKING FORWARD TO TO THAT EVENT. ABSOLUTELY.

ANYBODY ELSE HAVE ANYTHING? ALL RIGHT. WITH THAT I WILL ENTERTAIN A MOTION TO ADJOURN.

SO MOVED. ALL RIGHT. WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.