CITY COUNCIL AGENDA. Wednesday, October 24, :00 a.m.

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1 CITY COUNCIL AGENDA Wednesday, October 24, :00 a.m. CITY COUNCIL Martin Heines, Mayor Linda Sellers, District 1 Broderick McGee, District 2 Edward Moore, District 3 Don Warren, District 4 Bob Westbrook, District 5 John Nix, District 6 Edward Broussard, City Manager

2 CITY COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS - CITY HALL 212 North Bonner Tyler, Texas Wednesday, October 24, :00 a.m. Internet website and Cable Access Channel 3 Please call (903) if you need assistance with interpretation or translation for this City meeting. Si usted necesita ayuda con la interpretación o traducción de cualquier material en este sitio o en una reunión pública de la Ciudad de Tyler por favor llame al (903) AMERICANS WITH DISABILITIES ACT NOTICE The City of Tyler wants to ensure that City Council Meetings are accessible to persons with disabilities. If any individual needs special assistance or accommodations in order to attend a City Council meeting, please contact the City Manager s Office at , in advance so accommodations can be made. COURTESY RULES Thank you for your presence. The City Council appreciates your interest in Tyler City Government. To ensure fairness and orderly meetings, the Council has adopted rules of courtesy which apply to all members of the Council, Administrative Staff, News Media, Citizens and Visitors. If you wish to address the Council, obtain a speaker card from the receptionist s desk outside the Council Chambers, complete the information requested on the card, and deliver to the City Clerk before the meeting or as soon as you can. Speakers will be heard as the individual item(s) in which they have registered an interest come before the Council. Your remarks will be limited in duration depending on the number of people wanting to speak on a particular item. Delay or interruption of the proceedings will not be tolerated.

3 INVOCATION PLEDGE OF ALLEGIANCE MINUTES Consider approval of the Minutes of the City Council Meeting from September 12, Consider approval of the Minutes of the City Council Meeting from September 26, AWARDS A-1 Request that the City Council consider accepting two Texas Municipal League 2018 Excellence Awards, one for Public Works and one for Management Innovation. ZONING Z-1 C HILAND DAIRY FOODS COMPANY LLC (UNIMPROVED PORTION OF AN ALLEY RIGHT-OF-WAY) Request that the City Council consider approving the closure of an unpaved portion of alley right-of-way. Z-2 Z HILAND DAIRY FOODS COMPANY LLC (1402 EAST LOCUST STREET, 302, 310 AND 318 NORTH FULLER AVENUE, 1425 AND 1417 EAST LINE STREET) Request that the City Council consider approving a zone change from R-1B, Single-Family Residential District and R-2, Two-Family Residential District to C-2, General Commercial District. Z-3 S LASATER CECIL ETAL (4526 SOUTH BROADWAY AVENUE) Request that the City Council consider approving a Special Use Permit to grant a variance to reduce the required 300 feet distance separation from the property line of French Quarter Shopping Center and a public school to 60 feet in order to be eligible for a Texas Alcoholic Beverage Commission license to sell wine and beer. ORDINANCE O-1 ZA UNIFIED DEVELOPMENT CODE (BIANNUAL REVIEW) Request that the City Council consider approving an ordinance amending the Unified Development Code in Tyler City Code Chapter 10 by amending regulations related to landscaping exemptions for certain non-conforming developments, landscaping installation certification, fences, offstreet parking, temporary signage, and definitions, including the definition of sexual encounter center.

4 RESOLUTION R-1 Request that the City Council consider authorizing the City Manager to execute an engineering services contract in an amount not to exceed $2,100,000 with Lockwood Andrews & Newnam, Inc. (LAN) in conjunction with Adams Engineering for the Rehabilitation of Sanitary Sewer Basins 8 and 15 and to approve a resolution reserving the right to reimburse expenditures with proceeds of future debt. MISCELLANEOUS M-1 Request that City Council consider authorizing the City Manager to award City of Tyler Bid No for Bergfeld Park Splasher the Dolphin renovations to TCMC Commercial LP of Tyler, Texas, to furnish all necessary materials, equipment, superintendence, and labor for an amount not to exceed $235,000 and $37,000 for the Bid Alternate for signage once all donations have been received. This project is 100 percent funded by donations. M-2 Request that the City Council consider authorizing the City Manager to execute a contract with Jacobe Brothers Construction for the construction of Fire Station No. 1 in the amount of $4,828, M-3 Request that the City Council consider authorizing the City Manager to execute a contract with Garrett and Associates for the construction of Fire Station No. 4 in the amount of $2,989, M-4 Request that the City Council consider authorizing the City Manager to execute a contract with Reynolds and Kay, Ltd. for the construction of the Sunnybrook Drive Structure Replacement in the amount of $579, M-5 Request that the City Council consider approving the release of retainage and a final contract amount of $645, to Reynolds and Kay, Ltd. for the 2018 Seal Coat Program. M-6 Agreement to allow Phirst Technologies, LLC to conduct Alpha Testing of its Automated Drone First Response System with temporary installation of a base station at Fire Station No. 9. M-7 Request that the City Council consider canceling the November 28, 2018 and December 26, 2018 City Council meetings. M-8 Request that the City Council consider approving Northeast Texas Public Health District Proposed FY District Operating Budget. M-9 Consider approval of an Information Systems Facilities Management Interlocal Agreement with City of Whitehouse.

5 CONSENT (These items are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate consideration of an item.) C-A-1 Request that the City Council consider authorizing the City Manager to approve the use of Analytical Environmental Lab, of Tyler, Texas, Ana-lab of Kilgore, Texas and Lower Colorado River Authority Environmental Laboratory Services of Austin, Texas as sole sources for certain testing services during Fiscal Year C-A-2 Request that the City Council consider authorizing the purchase of the FY 2018/2019 Annual Firefighter Uniform Shirt and Pant order from Galls, through Texas BuyBoard #507-16, in the amount of $51, C-A-3 C-A-4 C-A-5 C-A-6 C-A-7 C-A-8 Request that the City Council consider authorizing the City Manager to approve purchasing goods through The Texas Smart Buy and Oklahoma Statewide Purchasing System, whereby the City of Tyler can take full advantage of purchasing any and all items available through these cooperatives. Also, request that the City Council consider authorizing the City Manager to purchase a paratransit bus and minivan through these cooperatives as shown below with the usage of Transportation Development Credits (TDC s) to offset local the match. Request that the City Council consider authorizing the City Manager to extend the annual price agreement to the vendor listed for office furniture and equipment for one year beginning October 1, Request that the City Council consider authorizing the City Manager to approve an agreement with First Choice Cooperative and the National Intergovernmental Purchasing Alliance (NIPA), whereby the City of Tyler can take full advantage of purchasing any and all items available through the cooperatives and to award the purchase of office supplies for the fiscal year, October 1, 2018, thru September 30, 2019, to Office Depot of Fort Worth, Texas, through the NIPA contract. Request that the City Council consider authorizing the City Manager to purchase unmarked vehicles from the lowest bidders and tractor trucks through The Interlocal Purchasing System (TIPS) as part of the Fleet Replacement Program for FY2019. Request that City Council consider authorizing the City Manager to award Pro Tech Track & Tennis, Inc. of Tyler, Texas for resurfacing of all the tennis courts at Faulkner Park in the amount of $31,920. Request that the City Council consider authorizing the City Manager to execute the Reconciliation Change Order with Reynolds & Kay, Ltd for decreasing the total contract amount by $ and increasing the time for completion by 89 calendar days for the 2016 Runway 4-22 Rehabilitation Project 3 at Tyler Pounds Regional Airport.

6 C-A-9 C-A-10 C-A-11 C-A-12 C-A-13 C-A-14 Request that the City Council consider authorizing the release of escrow funds, in the amount of $163,462.87, for the Madison Apartments to Heritage Construction Co., Inc. Request that the City Council authorize the City Manager to release payment in the amount of $100,000 to the Jim and Dottie Hairston Family Partnership for the partial funding of a drainage structure over West Mud Creek Tributary M-11. Request that the City Council consider authorizing the City Manager to execute the first renewal option for a five year period from June 1, 2016 through May 31, 2021 for Renewal of Civil Air Patrol (Non Profit) Lease at the current rates as set forth in the lease. Request that the City Council consider authorizing the City Manager to execute the first renewal option for a five year period from July 1, 2016 through June 30, 2021 for Corporate Hangar/Operator Lease at the current rates as set forth in the lease for the Historic Aviation Memorial Museum. Request that the City Council consider authorizing the City Manager to execute the first renewal option for a five year period from January 1, 2016 through December 31, 2020 for Corporate Hangar/Operator Lease at the current rates as set forth in the lease for Bob L. Herd. Request the City Council consider rejecting all bids submitted for the Instrument Landing System (ILS) Relocation, Bid No , and authorize Tyler Pounds Regional Airport (TPRA) to advertise the project again at a later date. BOARD APPOINTMENTS B-1 Request that the City Council consider making appointments to the Animal Care Advisory Board and the Tyler Public Library Board. CITY MANAGER S REPORT EXECUTIVE SESSION Executive Item No. 1: Under Tex. Gov't Code section "Personnel Matters" deliberation regarding the following: The employment, duties and evaluation of the City Manager. Executive Item No. 2: Under Texas Gov t Code Section Real Estate deliberation regarding the following:

7 Discuss the purchase, exchange, sale, lease or value of real property, the public discussion of which would have a detrimental effect on the negotiating position of the City, related to the development of municipal facilities. Any final action to be taken by the City Council will be taken in open session. ADJOURNMENT

8 MINUTES OF THE REGULAR CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS September 12, 2018 A regular called meeting of the City Council of the City of Tyler, Texas, was held Wednesday, September 12, 2018 at 9:00 a.m. in the City Council Chambers, 2 nd floor of City Hall, Tyler, Texas, with the following present: Mayor: Martin Heines Mayor Pro Tem: Councilmembers: Linda Sellers Don Warren Broderick McGee Ed Moore John Nix Bob Westbrook City Manager: Edward Broussard City Attorney: Deborah G. Pullum Sr. Assistant City Attorney: Sharon Roberts Assistant City Attorney: Regina Moss Managing Director of Administrative Services/HR: ReNissa Wade Chief Financial Officer: Keidric Trimble City Fire Chief: David Coble City Librarian: Ashley Taylor Managing Director of Culture, Recreation and Tourism Services: Stephanie Franklin Director of Solid Waste & Transit Services: Russ Jackson Vehicle/Equipment Services Manager: Leroy Sparrow Managing Director of Planning & Economic Development: Heather Nick Water Business Office Manager: Jim Yanker Managing Director of Utilities and Public Works: Scott Taylor Director of Utilities: Jimmie Johnson City Clerk: Cassandra Brager INVOCATION MINUTES AWARDS The Invocation was given by Councilmember McGee. Motion by Mayor Pro Tem Sellers to approve the August 8, 2018 minutes; seconded by Councilmember Warren; motion carried 7-0 & approved as presented A-1 Request that the City Council consider accepting the Gold Star Affiliate award from Keep Texas Beautiful. Angela Bennis Gave a brief presentation stating that KTyB is proud to be supported and affiliated on a national level by Keep America Beautiful and on a state level by Keep Texas

9 September 12, 2018 Beautiful. Keep Texas Beautiful awards qualified affiliates each year based on their efforts in three different categories: Good Standing, Silver Star Affiliate, and Gold Star Affiliate. This year, during the Keep Texas Beautiful statewide conference in Georgetown, KTyB was awarded their 12 th consecutive Gold Star Affiliate Award for the board s continuous efforts in beautification, litter reduction, maintaining positive partnerships with local organizations, educating our youth, and strong participation in events. ORDINANCE O-1 Request that the City Council consider adopting an Ordinance amending and updating fees and other applicable adjustments to Tyler City Code Chapter 8 relating to Parks, Chapter 12 relating to Transit, Chapter 16 relating to Solid Waste Disposal Regulations, and Chapter 19 relating to Water and Sewer. (O ) Motion by Councilmember Warren; seconded by Councilmember Moore; motion carried 7-0 & approved as presented O-2 Request that the City Council consider adopting the Fiscal Year proposed budget ordinance, Fiscal Year budget amendments, and authorize the City Manager to execute the outside agency contracts for Fiscal Year (O ) City Manager, Ed Broussard Gave a brief presentation concerning the proposed budget. Taking a record vote to adopt the proposed Fiscal Year Annual Budget, adopt the Fiscal Year budget amendments, and authorize the City Manager to execute particular outside agency contracts budgeted for Fiscal Year ; RECORD VOTE BY: District 1 Council Member Linda Sellers District 2 Council Member Broderick McGee District 3 Council Member Ed Moore District 4 Council Member Don Warren District 5 Council Member Bob Westbrook District 6 Council Member John Nix Mayor Martin Heines Aye Aye Aye Aye No Aye Aye Motion by Councilmember Nix; seconded by Councilmember Moore; motion carried 6-1 & approved as presented AND It is also recommended that the City Council adopt the budget by: Taking a record vote to ratify the property tax increase reflected in the Fiscal Year budget. 2

10 September 12, 2018 RECORD VOTE BY: District 1 Council Member Linda Sellers District 2 Council Member Broderick McGee District 3 Council Member Ed Moore District 4 Council Member Don Warren District 5 Council Member Bob Westbrook District 6 Council Member John Nix Mayor Martin Heines Aye Aye Aye Aye No Aye Aye Motion by Councilmember Nix; seconded by Councilmember Moore; motion carried 6-1 & approved as presented O-3 Request that the City Council consider adopting the property tax rate ordinance of $ cents per $100 valuation for Fiscal Year (O ) Motion by Councilmember Moore to move that the property tax rate be increased by the adoption of a tax rate of $ cents per $100 dollars of appraised value, which is effectively an 8.0 percent increase in the tax rate; seconded by Councilmember Warren; motion carried 6-1 & approved as presented. RECORD VOTE BY: District 1 Council Member Linda Sellers District 2 Council Member Broderick McGee District 3 Council Member Ed Moore District 4 Council Member Don Warren. District 5 Council Member Bob Westbrook District 6 Council Member John Nix Mayor Martin Heines Aye Aye Aye Aye No Aye Aye MISCELLANEOUS M-1 Request that the City Council consider changing the regular City Council Meeting date of October 10, 2018 to Wednesday, October 3, Motion by Councilmember Warren; seconded by Councilmember McGee; motion carried 7-0 & approved as presented M-2 Request that the City Council consider authorizing the application for and acceptance of Federal Transit Administration (FTA) Grant Funds under the Section 5339 Bus and Bus Facilities Grant in the amount of $93,948 along with the acceptance of 18,790 in Transportation Development Credits (TDC), and request that the City Council consider authorizing the City Manager to direct Transit staff to begin procurement of one heavy duty bus and two medium duty buses with grant funds from a Section 5307 Federal Transportation Administration (FTA) Grant. Pulled from the agenda 3

11 September 12, 2018 M-3 Request the City Council consider authorizing the City Manager to sign an Architectural and Aquatic Agreement from The C.T. Brannon Corporation for an amount not to exceed $50,000 to develop architectural and engineering plans for Fun Forest and Woldert Park repurpose projects. Motion by Councilmember Moore; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented. M-4 Request that the City Council consider ratifying a payment to the Texas Department of Transportation, in the amount of $9,201, for the Tyler Bike Stripes project. Motion by Councilmember McGee; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented. M-5 Request that the City Council consider authorizing the City Manager to approve a Reconciliation Change Order and the release of final payment in the amount of $27, to A.E. Shull & Company for the Troup Highway Booster Pump Station project. Motion by Councilmember Westbrook; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented M-6 Request that the City Council consider authorizing the City Manager to execute a contract with Miller Construction, for the construction of Fleishel Avenue Drainage Improvements project in the amount of $999, Motion by Councilmember Westbrook; seconded by Councilmember Nix; motion carried 7-0 & approved as presented. CONSENT (These items are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate consideration of an item.) C-A-1 C-A-2 C-A-3 Request that the City Council consider authorizing the City Manager to renew the lease for Re Collect Waste Management App as a communication tool for both the Solid Waste Residential and Commercial customers for $9,999 per year. Request that the City Council consider authorizing the City Manager to purchase solid waste trucks from TIPS cooperative, and police patrol vehicles from Texas BuyBoard chosen vendors as part of Fleet Replacement program for FY2019. Request that the City Council consider authorizing the City Manager to sign a permanent right-of-way use agreement with Conterra Ultra Broadband, LLC for the purpose of installing, operating, and maintaining fiber optic cable in the City of Tyler right-of-way. 4

12 September 12, 2018 C-A-4 Request that the City Council consider authorizing the City Manager to enter into a contract with Cleanmaster Janitorial Services, Inc. for the provision of janitorial services in the Police Department at annual cost of $73, This contract is a two year contract with an optional one-year renewal covering Fiscal Years Motion by Councilmember Warren to approve the entire consent agenda; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented CITY MANGER S REPORT 1. Tyler Police Department had the privilege of swearing in seven (7) new officers on September 4, They have all endured a difficult training academy and will begin the next stages of training (Police Training Program in the field) this month 2. Newest Fire Fighter Cory Savallo was administered the Oath of Office. 3. Lisa Crossman was selected to serve as the new City Engineer. 4. Keep your eye out for the City of Tyler U tube channel where projects pop up such as the monthly public works roundup, Legacy Trail, and walking with Bob series. 5. Keep Tyler will be having an Annual Parks service day at Fun forest Park, TR Griffith, City Park and Emmett Scott ADJOURNMENT Motion by Councilmember Warren to adjourn the meeting at 9:54 am; seconded by Councilmember Westbrook; motion carried 7-0 & meeting adjourned. MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: CASSANDRA BRAGER, CITY CLERK 5

13 MINUTES OF THE REGULAR CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS September 26, 2018 A regular called meeting of the City Council of the City of Tyler, Texas, was held Wednesday, September 26, 2018 at 9:00 a.m. in the City Council Chambers, 2 nd floor of City Hall, Tyler, Texas, with the following present: Mayor: Martin Heines Mayor Pro Tem: Councilmembers: Linda Sellers Don Warren Broderick McGee Ed Moore John Nix Bob Westbrook City Manager: Edward Broussard City Attorney: Deborah G. Pullum Sr. Assistant City Attorney: Sharon Roberts Assistant City Attorney: Regina Moss Managing Director of Administrative Services/HR: ReNissa Wade Chief Financial Officer: Keidric Trimble City Fire Chief: David Coble City Librarian: Ashley Taylor Director of Neighborhood Services: Raynesha Hudnell Operations Manager of Neighborhood Services: Prentice Butler Police Chief: Jimmy Toler Project Engineer: Vehicle/Equipment Services Manager: Leroy Sparrow Managing Director of Planning & Economic Development: Heather Nick Managing Director of Utilities and Public Works: Scott Taylor Director of Utilities: Jimmie Johnson Street Department Manager: Robin Smart Traffic Engineer: City Clerk: Cassandra Brager INVOCATION MINUTES AWARDS The Invocation was given by Councilmember Moore. Motion by Councilmember Westbrook to approve the August 22, 2018 minutes; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented A-1 We would like to recognize the following employees for their years of service and commitment to the City of Tyler. At this important milestone, we express our sincere appreciation for your dedication and for the special contribution you make to our organization. They represent 95 years of service with the City of Tyler.

14 Date of Hire September 26, 2018 Service Awards First Name Last Name Title Department 9/9/1998 Duane Starling 9/14/1998 John Thompson 9/7/1993 Mike Norris 9/22/1988 Margaret Carrico Utilities Construction Inspector Code Enforcement Housing Inspector Supervisor Manager, Waste Water Utilities Systems Administrative Assistant Storm Water Years of Service 20 Neighborhood Services 20 Waste Treatment 25 Fire 30 ZONING Z-1 Z LEONARD COOPER (2927 FRANKSTON HIGHWAY) Request that the City Council consider approving a zone change from R-1A, Single-Family Residential District to C-1, Light Commercial District. (O ) Motion by Councilmember McGee; seconded by Councilmember Moore; motion carried 7-0 & approved as presented Z-2 Z SOHO CONSTRUCTION INC (3304 VAN HIGHWAY) Request that the City Council consider approving a zone change from R-MF, Multi-Family Residential District to PCD, Planned Commercial Development District with final site plan. (O ) Motion by Councilmember Moore; seconded by Councilmember Warren; motion carried 7-0 & approved as presented Z-3 Z CHRISTOPHER KASTMO (2800 OLD OMEN ROAD) Request that the City Council consider approving a zone change from R-1A, Single-Family Residential District to R-1D, Single-Family Detached and Attached Residential District. (O ) Motion by Councilmember Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented Z-4 Z SOUTHEAST TEXAS CLASSIC REAL ESTATE INC (1628 AND 1632 WOODLAND HILLS DRIVE, 3708 OLD JACKSONVILLE HIGHWAY AND 3274 PROFESSIONAL DRIVE) Request that the City Council consider approving a zone change from R-1A, Single-Family Residential District and C-2, General Commercial District to PCD, Planned Commercial Development District with final 2

15 September 26, 2018 site plan and amend the existing PCD, Planned Commercial Development District site plan. (O ) Motion by Mayor Pro Tem Sellers; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented MISCELLANEOUS M-1 Request that the City Council consider awarding a Life Insurance/Voluntary Term Life Insurance contract to Minnesota Life for the calendar year starting January 1, 2019 with a five year rate guarantee. Motion by Mayor Pro Tem Sellers; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented M-2 Request that the City Council consider renewing the Vision Insurance contract with Superior Vision for the calendar year starting January 1, 2019, with a three-year contract rate guarantee with the option to renew at two additional one-year periods. Motion by Councilmember Warren; seconded by Councilmember Moore; motion carried 7-0 & approved as presented M-3 Request that the City Council consider accepting the results of an audit of the City s Pre-65 Retiree population and dependents, and take action with regards to removing those that do not meet eligibility from medical coverage. Motion by Councilmember Westbrook; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented M-4 Request that the City Council approve and enter into a contract with McGriff, Seibels and Williams for the total purchase price of $682,682 for Property and Casualty Insurance, Innovative Risk Management for Third Party Claim Administration in the amount of $32,298, and Bosworth and Associates for the purchase of Special Events Liability Insurance with a deposit premium of $2,000 for fiscal year as the second of two (2) one year renewal options authorized September 28, Motion by Mayor Pro Tem Sellers; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. M-5 Request that the City Council approve and enter into a contract with Hibbs-Hallmark & Company for Excess Workers Compensation for a total purchase price of $86,298 and Claims Administrative Services for Workers Compensation Third Party Claim Administrative Services for a total purchase price of $32,088 for fiscal year as the second of two (2) one year renewal options authorized September 28, Motion by Councilmember McGee; seconded by Councilmember Moore; motion carried 7-0 & approved as presented 3

16 September 26, 2018 M-6 Request that the City Council consider authorizing the City Manager to accept bids for concrete work from JPJ Construction, in the amount of $45,995 for the Hillside Park Phase 2 Construction. Motion by Councilmember Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented M-7 Request that the City Council consider authorizing the application for and acceptance of Federal Transit Administration (FTA) Grant Funds passed through to the Texas Department of Transportation (TXDOT) under the Section 5339 Bus and Bus facilities Grant in the amount of $93,948 along with the acceptance of $18,790 in Transportation Development Credits (TDC). Motion by Councilmember Westbrook; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented M-8 Request that the City Council consider ratifying staff action for payment in the amount of $150, to Reynolds and Kay, LLC for emergency repairs to the storm sewer on Oak Creek Circle. Motion by Councilmember Nix; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented M-9 Request that the City Council consider ratifying expenditures in the amount of $99, for all work performed on emergency repair and replacement of 800 feet of a 10-inch sanitary sewer main located at South Southwest Loop 323 and Briarwood Drive. Motion by Councilmember McGee; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented M-10 Request that the City Council consider authorizing the City Manager to award an On-Call Water Utility, Wastewater Utility and Drainage Systems Repair Services Contract to A.E. Shull & Company. Motion by Councilmember Westbrook; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented M-11 Request that the City Council consider authorizing the release of escrow funds for Cambridge Bend Estates Unit 4 to Cambridge Bend Development, LP. Motion by Councilmember Westbrook; seconded by Councilmember Warren; motion carried 7-0 & approved as presented 4

17 September 26, 2018 ORDINANCE O-1 Request that the City Council consider adopting an ordinance amending Tyler City Code Chapter 4 to make clean-up changes by removing unnecessary wording, and updating and clarifying loud noise regulations. (O ) BOARDS Motion by Mayor Pro Tem Sellers; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. B-1 Request that the City Council consider making appointments and reappointments to various City Boards. P&Z Commission Motion by Councilmember Westbrook to re-appoint Elizabeth Whitney and Jeb Jones and appoint David Dobbs; seconded by Mayor Pro Tem Sellers; motion carried 5-2 & approved as presented. Councilmember McGee and Councilmember Moore opposed. Motion by Councilmember Westbrook to appoint Jeb Jones as Chair; seconded by Mayor Pro Tem Sellers; motion carried 5-2 & approved as presented. Councilmember McGee and Councilmember Moore opposed. Zoning Board of Adjustments Motion by Councilmember Warren to reappoint Nathan Foreman as a regular member, as well as reappoint Brent Brevard, Judith Guthrie, and John Landes; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented. Motion by Councilmember Warren to reappoint Judith Guthrie as Chair; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented Airport Advisory Board Motion by Councilmember Nix to re-appoint Lindsey Birdsong, Robert Spivey and Kelly Walker; and appoint Lindsey Birdsong as Chair; seconded by Councilmember Moore; motion carried 7-0 & approved as presented. Animal Care Board Postponed appointments until next meeting. Civil Service Commission 5

18 September 26, 2018 Motion by Mayor Pro Tem Sellers to reappoint Stuart Hene and appoint Lee Correa; seconded by Councilmember Warren; motion carried 7-0 & approved as presented. Construction Board of Adjustment & Appeals Motion by Councilmember Moore to re-appoint Joseph Slicker and David Socia, and appoint Will Doran and James Brooks; seconded by Councilmember Nix; motion carried 7-0 & approved as presented. Motion by Councilmember Moore to appoint David Socia as Chair; seconded by Councilmember Nix; motion carried 7-0 & approved as presented. Disability Issues Review Board Motion by Councilmember Nix to reappoint Dorrinda Williams and Amanda Storer, and appoint Michael Cichowicz; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. Health Facilities Development Corporation Board Motion by Councilmember Westbrook to re-appoint John Allen Bell and Russell Patterson; seconded by Councilmember Moore; motion carried 7-0 & approved as presented. Historical Preservation Board Motion by Councilmember Nix to re-appoint Zachary Sabota and Christopher Leahy, and appoint Clarence Shackelford and James Rowan; seconded by Councilmember McGee; motion carried 7-0 & approved as presented. Motion by Councilmember Nix to appoint Zachary Sabota as Chair; seconded by Councilmember McGee; motion carried 7-0 & approved as presented. Industrial Development Corp Motion by Councilmember Nix to appoint Cynthia Pinkney; seconded by Councilmember Warren; motion carried 7-0 & approved as presented. Library Board Motion by Councilmember Nix to appoint John Musselman, II; seconded by Councilmember Moore; motion carried 7-0 & approved as presented. Keep Tyler Beautiful Motion by Councilmember Warren to re-appoint Kelby Hill and Archie Castleberry Jr., and appoint Sherri Whatley and Kristina Suberbielle; seconded by Councilmember McGee; motion carried 7-0 & approved as presented. 6

19 September 26, 2018 Neighborhood Revitalization Board Motion by Councilmember Nix to re-appoint Greg Grubb, Kevin Hard and Natalie Bradley; seconded by Councilmember Moore; motion carried 7-0 & approved as presented. Motion by Councilmember Nix to appoint Greg Grubb as Chair; seconded by Councilmember Moore; motion carried 7-0 & approved as presented. Parks Motion by Councilmember Warren to re-appoint Lesa Walker and appoint Orenthia Mason, Brittany Childs and Linda Camp; seconded by Councilmember McGee; motion carried 7-0 & approved as presented. Motion by Councilmember Warren to appoint Chad Humphries as Chair; seconded by Councilmember McGee; motion carried 7-0 & approved as presented. NETPHD Motion by Councilmember Westbrook to appoint Allison Pollan; seconded by Councilmember Sellers; motion carried 7-0 & approved as presented. Traffic Motion by Councilmember Nix to re-appoint Richard Helfers and Chad Maddux and appoint Antonio Martinez, Jr.; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. CONSENT (These items are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate consideration of an item.) C-A-1 C-A-2 C-A-3 Request that the City Council consider authorizing the City Manager to extend the annual price agreements to the vendors listed for copy paper and uniform/floor mat rental for one year beginning October 1, Request that the City Council consider authorizing the City Manager to award the various annual price agreements to the vendors listed for ductile iron fittings, ductile iron pipe, water meter boxes and lids, and water and sewer new install and repair products for the fiscal year beginning October 1, Request that the City Council consider authorizing the City Manager to award the various annual price agreements for Asphalt/Street Materials; Sak- 7

20 September 26, 2018 Crete/Portland; Ready Mix Concrete; and Utility Cut Base Repair Material for the Fiscal Year beginning October 1, C-A-4 C-A-5 C-A-6 C-A-7 C-A-8 C-A-9 C-A-10 C-A-11 Request that the City Council consider authorizing the City Manager to award the purchase of Conbraco/Apollo Double Check Detector Assemblies to MacArthur Gauge, Incorporated during the Fiscal Year Request that the City Council consider authorizing the City Manager to utilize various vendors as sole source for parts and service during Fiscal Year Request that the City Council consider authorizing the City Manager to award an annual contract to Aqua Metric Sales Company for the purchase of water meters, transceiver units, and register units during Fiscal Year Request that the City Council consider authorizing the City Manager to approve an agreement with First Choice Cooperative and the National Intergovernmental Purchasing Alliance (NIPA), whereby the City of Tyler can take full advantage of purchasing any and all items available through the cooperatives and to award the purchase of office supplies and office furniture for the fiscal year, October 1, 2018, thru September 30, 2019, from Office Depot of Fort Worth, Texas, through the NIPA contract. Request that the City Council consider adopting a Resolution authorizing the City of Tyler s continued participation with the Atmos Cities Steering Committee, and authorizing the payment of two cents per capita ($2,180.00) to the Atmos Cities Steering Committee to fund regulatory and associated activities related to Atmos Energy Corporation. (R ) Request the City Council consider adopting an Ordinance approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company s 2018 rate review mechanism ( RRM ) filing. (O ) Request that the City Council consider authorizing the City Manager to execute an Easement and Right-of-Way agreement with CenterPoint Energy to install gas and communication facilities on City of Tyler Property at Lakeway Road and Cumberland Road Request that the City Council consider authorizing the City Manager to purchase Street Sweepers and Police Patrol Equipment from selected vendors through Texas BuyBoard and HGAC as part of the Fleet Replacement program for FY2019. C-A-12 Request that the City Council consider awarding sealed bids opened August 28, 2018 to the listed vendors for the annual price agreements for the purchase of various water and wastewater treatment chemicals for the fiscal year October 1, 2018 through September 30,

21 September 26, 2018 C-A-13 C-A-14 Request that the City Council consider authorizing the City Manager to execute a renewal of the metropolitan planning area agreement between the City of Tyler, the Tyler Area Metropolitan Planning Organization and the Texas Department of Transportation. Request that the City Council consider authorizing the City Manager to execute a professional services contract with Alliance Transportation Group for an update to the Metropolitan Transportation Plan for the Tyler Area Metropolitan Planning Organization in an amount not to exceed $150,000. Motion by Councilmember Westbrook to approve the entire consent agenda; seconded by Councilmember McGee; motion carried 7-0 & approved as presented. CITY MANAGER S REPORT C-M-R-1 Request that the City Council consider ratification of the appointment of the City Librarian. Motion by Councilmember Nix to approve and ratify the City Manager s appointment of Ashley Taylor to the position of City Librarian; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented C-M-R-2 Request that the City Council consider ratification of the appointment of the City Engineer. Motion by Councilmember Westbrook to approve and ratify the City Manager s appointment of Lisa Crossman to the position of City Engineer; seconded by Mayor Pro Tem Sellers; motion carried 7-0 & approved as presented nd Annual Parks Service Day at Fun Forest Park, Emmett Scott, City Park and TR Griffith. 2. U T Tyler rock the vote program was held last week. 3. Saturday October 6 we will have our kickoff party for Texas Against Crime at the Faulkner Police Station. This will kick off the next Tuesday night which will be the block parties throughout the City. 4. Water System staff will perform our annual conversion to chlorine beginning on October 18 and will conclude on November 18. We will be notifying TCEQ of our conversion shortly. Utilities staff will work with Communications to make the citizens aware of the conversion and what to expect during the process. 5. The Fall Movies in the Park series will kick-off on Saturday, September 29th at Bergfeld Park at 8 p.m. Movie: Coco 6. Joint meeting with Smith County tomorrow at 3:30 pm at the Smith County Commissioners Court. EXECUTIVE SESSION City Council convened into executive session at 10:51 am Executive Item No. 1: 9

22 September 26, 2018 Under Texas Government Code Section "Litigation" deliberation regarding the following: Pending or contemplated litigation or settlement offer involving ETMC EMS, et al v. Champion EMS, et al v. City of Tyler, et al. Any final action to be taken by the City Council will be taken in open session City Council reconvened from executive session at 11:38 am with no action taken. ADJOURNMENT Motion by Councilmember Moore to adjourn the meeting at 11:38 am; seconded by Councilmember Nix; motion carried 7-0 & meeting adjourned. MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: CASSANDRA BRAGER, CITY CLERK 10

23 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: A-1 Date: October 24, 2018 Subject: Request that the City Council consider accepting two Texas Municipal League 2018 Excellence Awards, one for Public Works and one for Management Innovation. Page: 1 of 1 In October 2018, the Texas Municipal League honored the City of Tyler with two of its highest awards the Municipal Excellence Award in the Public Works category (over 25,000 in population) and the Municipal Excellence Award in the Management Innovation category (over 25,000 in population). The City of Tyler was the only municipality honored this year with more than one award. These awards were presented during the general opening session of Texas Municipal League s 2018 annual conference, and the City and the winning projects were highlighted to the thousands in attendance. The City of Tyler won the Texas Municipal League Excellence Award in the Public Works category for the Bergfeld Amphitheater Renovation project. Built in 1936, Bergfeld Park sits geographically in the center of Tyler and in one of its most coveted national historic districts. The Park s beloved amphitheater was in need of repair and improvements. So, the City embarked on completing a one million dollar upgrade with no debt thanks to key partnerships with the private sector. Major improvements included removing two sections of seats to provide a sloped, grassy area for blankets and lawn chairs. The project brought new life to the 105-year-old park and will help ensure that Bergfeld Amphitheater continues to be a gathering place for Tyler residents and visitors for years to come. The City of Tyler won the Texas Municipal League Excellence Award in the Management Innovations Category for the My Tyler App. To increase transparency and provide easy access to interactive communication between the government and citizens, the City of Tyler launched the MyTyler app for phones and tablets. The app incorporates direct communication, social media, mobile applications, civic events, and other traditional internet content into a one-stop shop for citizen requests and City information. When citizens report issues, they receive push notifications of the resolution status. The app also supports expedited access to the directory information for each department and alerts about City news, events, and other places near a user s geographic location. Since the launch last year, the MyTyler app has been downloaded more than 3,600 times and is utilized by 1,700 citizens regularly. RECOMMENDATION: It is recommended that the City Council accept the 2018 Texas Municipal Excellence Public Works Award for the Bergfeld Amphitheater Renovation project and the 2018 Texas Municipal Excellence in Management Innovation Award for the MyTyler App. Edited/Submitted By: City Manager

24 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: Z-1 Date: October 24, 2018 Subject: C HILAND DAIRY FOODS COMPANY LLC (UNIMPROVED PORTION OF AN ALLEY RIGHT-OF-WAY) Request that the City Council consider approving the closure of an unpaved portion of alley right-of-way. Page: 1 of 2 Item Reference: Texas Transportation Code Sec ; Tyler City Code Chapter 10; Article V., Division F. The applicant is requesting the closure in order to replat the right-of-way to combine the properties to the north and south for an expansion of the Hiland Dairy Foods plant. The north side of the right-of-way is adjacent to Lot 4A of NCB 137. The south side of the right-of-way is adjacent to Lot 6 and 7 of NCB 137. The east side of the right-of-way is adjacent to North Fuller Avenue. The west side of the right-of-way is adjacent to remaining portion of unimproved alley right-of-way. The adjacent property to the north is zoned R-1B, Single-Family Residential District and currently has a vacant single-family residence (owned by Hiland Dairy). The adjacent properties to the east, south and west are zoned R-2, Two-Family Residential District and are the location of vacant lots and single-family residences. Hiland Dairy owns the adjacent lots to the south, which are zoned M-1, Light Industrial District. The applicant is requesting the closure in order to replat the right-of-way to combine for expansion of the Hiland Dairy Foods plant. This unimproved alley right-of-way will be a portion of the proposed parking lot expansion for the Hiland Dairy plant and will not serve as ingress or egress for the plant. The main access point for the plant will be from East Locust Street, which was closed earlier this year. Currently, the unimproved alley is overgrown and does not appear to be used as an access point for the adjacent properties. As the dairy plant expanded, the portion of North Clayton Avenue between East Locust Street and East Erwin Street and a portion of an unimproved alley on the west portion of the plant were closed in May A portion of East Locust Street between North Clayton Avenue and North Fuller Avenue was closed in July Sewer utilities appear to be located within the proposed unimproved right-of-way closure. Easements must be dedicated for these utilities during the platting process. As of Friday, October 2, 2018, of the eight notices mailed, no notices were returned in favor or in opposition to the request. All other departments have reviewed the application and anticipate no significant impact on services and facilities by the proposed closure request.

25 Agenda Number: Z-1 Page: 2 of 2 RECOMMENDATION: The Planning and Zoning Commission, by a 4-0 vote, recommends approval of the closure of right-of-way subject to the right-of-way being replatted within six months or by April 24, 2019 and dedicates utility easements where required. ATTACHMENTS: 1. Ordinance 2. Exhibit A : Notification Map 3. Exhibit B : Location Map Drafted/Recommended By: Department Leader Heather Nick, AICP, Managing Director Edited/Submitted By: City Manager

26 ORDINANCE NO. O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, PROVIDING FOR THE CLOSURE IN ORDER TO REPLAT THE RIGHT-OF-WAY TO COMBINE THE PROPERTIES TO THE NORTH AND SOUTH FOR AN EXPANSION OF THE HILAND DAIRY FOODS PLANT. THE NORTH SIDE OF THE RIGHT-OF-WAY IS ADJACENT TO LOT 4A OF NCB 137. THE SOUTH SIDE OF THE RIGHT-OF-WAY IS ADJACENT TO LOTS 6 AND 7 OF NCB 137. THE EAST SIDE OF THE RIGHT-OF-WAY IS ADJACENT TO NORTH FULLER AVENUE. THE WEST SIDE OF THE RIGHT-OF-WAY IS ADJACENT TO THE REMAINING PORTION OF UNIMPROVED ALLEY RIGHT-OF-WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH CLOSURE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the applicant is requesting the closure in order to replat the right-of-way to combine the properties to the north and south for an expansion of the Hiland Dairy Foods plant. The north side of the right-of-way is adjacent to Lot 4A of NCB 137. The south side of the rightof-way is adjacent to Lots 6 and 7 of NCB 137. The east side of the right-of-way is adjacent to North Fuller Avenue. The west side of the right-of-way is adjacent to the remaining portion of unimproved alley right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That the following thoroughfare closure is hereby approved as follows: I. APPLICATION C That the public right-of-way described below, and the same is hereby abandoned, vacated and closed insofar as the right, or title of the public is concerned: The north side of the right-of-way is adjacent to Lot 4A of NCB 137. The south side of the right-of-way is adjacent to Lots 6 and 7 of NCB 137. The east side of the right-of-way is adjacent to North Fuller Avenue. The west side of the right-of-way is adjacent to the remaining portion of unimproved alley right-of-way, and as further shown in Exhibit A attached hereto and incorporated herein. PART 2: That closure is contingent upon and will not become effective until and unless the applicant replats the property within six (6) months and and dedicates utility easements where required. PART 3: That said public right-of-way is not needed for public purposes and it is in the public interest of the City to abandon said described public right-of-way, other than the terms and conditions set out above. PART 4: That the abandonment provided for herein shall extend only to the public right, title and overlay with ingress/egress, public utility easements and to the tracts of land described in this ordinance, and shall be construed only to that interest that the governing body of the City of Tyler may legally and lawfully abandon.

27 PART 5: Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance and same are deemed severable for this purpose. PART 6: That this ordinance shall be effective on and after its date of passage and approval by the City Council. PASSED AND APPROVED this the 24 th day of October A.D., MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: CASSANDRA BRAGER, CITY CLERK APPROVED: DEBORAH G. PULLUM, CITY ATTORNEY

28 ORDINANCE NO EXHIBIT A LOCATION MAP

29 EXHIBIT B NOTIFICATION MAP

30 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: Z-2 Date: October 24, 2018 Subject: Z HILAND DAIRY FOODS COMPANY LLC (1402 EAST LOCUST STREET, 302, 310 AND 318 NORTH FULLER AVENUE, 1425 AND 1417 EAST LINE STREET) Request that the City Council consider approving a zone change from R-1B, Single-Family Residential District and R-2, Two- Family Residential District to C-2, General Commercial District. Page: 1 of 3 Item Reference: The applicant is requesting the zone change in order to allow for expansion of the Hiland Dairy plant on Lots 3A, 4A, 5, 6, 7, 8, and 12 of NCB 137, seven lots containing approximately 2.30 acres of land located at the northwest intersection of North Fuller Avenue and East Locust Street (1402 East Locust Street, 302, 310, and 318 North Fuller Avenue, 1425 and 1417 East Line Street). According to the Unified Development Code (UDC), the C-2, General Commercial District allows automobile garages and sales lots, hotels, restaurants, warehouses, offices, and retail establishments with outdoor display or storage of merchandise. The maximum building height allowed within the C-2 District is three stories or 45 feet in height. The setback requirements are 10 feet in the front, 10 feet in the rear, zero feet on the interior side (10 feet if it abuts a residential district) and 15 feet on the corner side. The minimum lot area is 14,000 square feet. Off-street parking for commercial-type uses is determined by the specific use proposed. Properties with a commercial designation are subject to UDC Development Standards such as landscaping and tree preservation, bufferyards, and sign regulations. According to UDC Section , the City Council will consider the following approval criteria for zoning changes: a. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; b. The zoning change is consistent with the Tyler 1 st Comprehensive Plan; c. The zoning change promotes the health, safety, or general welfare of the city and the safe, orderly, and healthful development of the city; d. The zoning change is compatible with the present zoning and/or conforming uses of nearby property and with the character of the neighborhood; and e. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment.

31 Agenda Number: Z-2 Page: 2 of 3 The adjacent properties to the north are zoned R-2, Two-Family Residential District and are the locations of single-family homes and an undeveloped lot. The adjacent properties to the east are zoned R-2, Two-Family Residential District and consist of a church, single-family residences and vacant lots. The adjacent property to the south is zoned M-1, Light Industrial District and is the location of the Hiland Dairy plant. The applicant owns the adjacent property to the south. The adjacent property to the west is zoned R-2, Two-Family Residential District and is developed with a single-family home. The Tyler 1 st Future Land Use Guide (FLUG) identifies this property as Single-Family Medium/Low Density. This request would amend the FLUG to General Commercial. Sanborn Fire Insurance maps show the development of a dairy plant at this location back to the 1930s. As the dairy plant expanded, the portion of North Clayton Avenue between East Locust Street and East Erwin Street, a portion of an unimproved alley on the west portion of the plant, were closed in May A portion of East Locust Street between North Fuller Avenue and North Clayton Avenue was closed in July This zone change request also incorporates the closure of an unimproved alley right-of-way west of North Fuller Avenue between East Locust Street and East Line Street. The Hiland Dairy plant to the south is currently zoned M-1. This zone change request is to allow the expansion of Hiland Dairy to accommodate truck and employee parking. According to the applicant, this expansion of the plant will be used exclusively for parking and will not have any new structures with the exception of a guard shack located at the plant entrance at the recently closed East Locust Street. The C-2 zoning district is the least intensive zoning district that allows for the development of a parking lot without accompanying structures. Staff contacted the Tyler Police Department (Tyler PD) regarding noise complaints in the immediate area of Hiland Dairy (200 North Fuller). From 2014 to 2018, 13 noise complaints were reported in the immediate area of Hiland Dairy, but none were reported on Hiland Dairy (200 North Fuller). According to the Tyler PD, most of these calls appear to be music disturbances from other residential addresses and not related to the operations at Hiland Dairy. A Type B bufferyard will be required by the Unified Development Code (UDC) where the subject property is adjacent to a residential zoned property. A Type B bufferyard consists of a 10-foot-wide to 20-foot-wide planting area with mature evergreens and shrubs. With the proposed use consisting of a parking lot, sufficient lighting will be required to ensure the security of property and safety of persons using such areas and facilities. The UDC also requires that the lighting fixtures be designed and mounted so that the cone of light does not cross any adjacent property lines of neighboring sites and illumination does not exceed 0.2 foot candles at a height of three feet at the property line in or adjacent to residential uses. On October 2, 2018, the Planning and Zoning Commission held a public hearing for this request. Nobody spoke in favor or opposition to this request. As of Friday, September 28, 2018, of the 22 notices mailed, no notices were returned in favor or in opposition to the request.

32 Agenda Number: Z-2 Page: 3 of 3 All other departments have reviewed the application and anticipate no significant impact on services or facilities by the proposed rezoning request. RECOMMENDATION: The Planning and Zoning Commission by a 4-0 vote recommends approval of the zone change from R-1B, Single-Family Residential District and R-2, Two-Family Residential District to C-2, General Commercial District. ATTACHMENTS: 1. Ordinance 2. Exhibit A : Location Map 3. Exhibit B : Tyler 1 st Future Land Use Map 4. Exhibit C : Notification Drafted/Recommended By: Department Leader Heather Nick, AICP Managing Director Edited/Submitted By: City Manager

33 ORDINANCE NO. O AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM R-1B, SINGLE-FAMILY RESIDENTIAL DISTRICT AND R-2, TWO-FAMILY RESIDENTIAL DISTRICT TO C-2, GENERAL COMMERCIAL DISTRICT ON LOTS 3A, 4A, 5, 6, 7, 8, AND 12 OF NCB 137, SEVEN LOTS CONTAINING APPROXIMATELY 2.30 ACRES OF LAND LOCATED AT THE NORTHWEST INTERSECTION OF NORTH FULLER AVENUE AND EAST LOCUST STREET (1402 EAST LOCUST STREET, 302, 310, AND 318 NORTH FULLER AVENUE, 1425 AND 1417 EAST LINE STREET); DIRECTING THE AMENDMENT OF THE FUTURE LAND USE GUIDE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Tyler, Texas, and the City Council of the City of Tyler, Texas, in compliance with the Charter and the State law with reference to the zoning ordinance of the City of Tyler, Texas, and zoning map, have given requisite notices by publication and otherwise and after holding a due hearing and affording a full and fair hearing to all the property owners, generally and to the persons interested, situated in the affected area and in the vicinity thereof, the City Council is of the opinion that the zoning change should be made as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That the following zone change is hereby approved as follows: I. APPLICATION Z That the following described property, which has heretofore been zoned R-1B, Single-Family Residential District and R-2, Two-Family Residential District, shall hereafter bear the zoning classification of C-2, General Commercial District, to wit: Lots 3A, 4A, 5, 6, 7, 8, and 12 of NCB 137, seven lots containing approximately 2.30 acres of land located at the northwest intersection of North Fuller Avenue and East Locust Street (1402 East Locust Street, 302, 310, and 318 North Fuller Avenue, 1425 and 1417 East Line Street). PART 2: That the City Manager is hereby ordered and directed to cause the zoning map to be amended to reflect the above described zoning and the Future Land Use Guide to reflect General Commercial. PART 3: Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance and same are deemed severable for this purpose. PART 4: That this ordinance shall be effective on and after its date of passage and approval by the City Council.

34 PASSED AND APPROVED this the 24 th day of October A.D., MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: APPROVED: CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

35 EXHIBIT A LOCATION MAP

36 EXHIBIT B TYLER 1 ST FUTURE LAND USE GUIDE

37 EXHIBIT C NOTIFICATION MAP

38 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: Z-3 Date: October 24, 2018 Subject: S LASATER CECIL ETAL (4526 SOUTH BROADWAY AVENUE) Request that the City Council consider approving a Special Use Permit to grant a variance to reduce the required 300 feet distance separation from the property line of French Quarter Shopping Center and a public school to 60 feet in order to be eligible for a Texas Alcoholic Beverage Commission license to sell wine and beer. Page: 1 of 3 Item Reference: Texas Alcoholic Beverage Code Section ; Tyler City Code Section 10-96; Tyler City Code Chapter 10, Article IX., Division A. The applicant is requesting a Special Use Permit (SUP) in order to sell beer and wine for onpremise consumption on Lot 12H of NCB 1013, one lot containing approximately acres of land located south of the southeast intersection of South Broadway Avenue and South Southeast Loop 323 (4526 South Broadway Avenue). Tyler City Code Chapter 10, Article IX., Division A., provides that the City Council may, by ordinance, grant a special permit for special uses, which are otherwise prohibited by this ordinance and may impose appropriate conditions and safeguards. Special Use Permits are approved for a specific period of time. A use is considered special by the Unified Development Code (UDC) when there is potential for it to have adverse impact on nearby property and because the actions needed to minimize or eliminate the adverse impacts vary from site to site. Under Texas Alcoholic Beverage Code Section (a)(1), the governing body of an incorporated city or town may enact regulations prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. The City of Tyler has adopted such alcohol distance regulations in City Code Section Pursuant to Texas Alcoholic Beverage Code Section (e) and City Code Section d., the City Council may waive the distance requirements in Section The City Council may, after notice and a public hearing, grant a variance to the alcohol distance requirements through the issuance of a SUP pursuant to Chapter 10, Article IX., Division A., and if the City Council determines that enforcement of the distance requirement in a particular instance: 1. is not in the best interest of the public; or

39 Agenda Number: Z-3 Page: 2 of 3 2. constitutes waste or inefficient use of land or other resources; or 3. creates an undue hardship on an applicant for a license or permit; or 4. does not serve its intended purpose; or 5. is not effective or necessary; or 6. for any other reason, the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines that the variance is in the best interest of the community. The adjacent properties to the north are zoned C-1, Light Commercial District and developed with a retail complex and a vacant restaurant. The property to the south are zoned PMXD-1, Planned Mixed-Use District and is the location of Chase Bank. The property to the east is zoned R-1A, Single-Family Residential District and is the location of Robert E. Lee High School. The adjacent property to the west is zoned PCD, Planned Commercial Development District and is the location of Broadway Square Mall. This property is located across Red Raider Drive from the public school. The Texas Alcoholic Beverage Commission (TABC) Code and the UDC allows the Tyler City Council to grant a variance to the 300 feet distance requirement for a public school that a business must observe in order to receive a license to sell beer and wine in the State of Texas. The 300 feet distance is measured from the property line of a place of business to the property line of a public school. This distance requirement serves to protect school children from areas in which alcohol is sold and the influence of such activity. The applicant intends to open a restaurant business with an alcohol-serving area in the French Shopping Center. The proposed restaurant, Mr. Gatti s Tyler, has the main entrance facing South Broadway Avenue. Staff performed an analysis of the site and determined the distance between the property lines of the subject property and the public school is the distance of the Red Raider Drive right-of-way (60 feet). The proposed main entrance of the restaurant to the existing closest door of the school is more than 1,000 feet. The UDC was amended on April 10, 2013 to allow for exceptions to alcohol distance requirements. These exceptions apply only to distance separations from schools and a place of business selling alcohol having a gross floor area of at least 20,000 square feet. Though none of the individual bays exceed 20,000 square feet, the subject property is a part of a building that exceeds 20,000 square feet. The Mr. Gatti s Tyler bay is approximately 11,708 square feet in area. The school is undergoing renovation with a proposed new building layout. A permanent chainlink fence of six feet is built along the east property line between the French Quarter and the school. Two restaurants, Torchy s Tacos located across East Southeast Loop 323 and the former TGI Fridays located at the southeast intersection of Broadway Avenue and East Southeast Loop 323 in the French Quarter have alcohol permits.

40 Agenda Number: Z-3 Page: 3 of 3 The City Council may grant a distance variance to a particular place of business on a limited portion of a property. As cities are generally pre-empted from regulating alcoholic beverages, the City Council through a SUP may not limit the type of license that can be issued. As license types cannot be limited by City Council, the SUP request would allow for all types of licenses that have been approved through elections to be issued for the area approved for an SUP. Applying the SUP request for the existing buildings/suites on the property is a favorable approach given that they are best suited for on-premise consumption. Any future out-parcels would need to seek a variance or comply with the distance separation from the school. A similar restriction was placed on the Times Square Shopping Center per Ordinance O in January On October 2, 2018, the Planning and Zoning Commission held a public hearing on this request. No one spoke in favor or in opposition to the request. As of Friday, October 12, 2018, of the eight notices mailed, one notice was returned in favor of the request and none in opposition. Considering the location of the restaurant and limited inventory of alcohol proposed, Tyler Independent School District has submitted a letter in favor of the request. All other departments have reviewed the application and anticipate no significant impact on services or facilities by the proposed Special Use Permit request. RECOMMENDATION: The Planning and Zoning Commission, by a 4-0 vote, recommends approval of the Special Use Permit Request to grant a variance for the reduction of the required 300-foot distance separation from the property line of a restaurant and a public school to be reduced to 60 feet, limited to the existing buildings/suites on the property. ATTACHMENTS: 1. Ordinance 2. Exhibit A : Existing Building Footprint 3. Exhibit B : Location Map 4. Exhibit C : Tyler 1 st Future Land Use Map 5. Exhibit D : Notification Map 6. Exhibit E : 300 Feet Radius Map Drafted/Recommended By: Department Leader Heather Nick, AICP Managing Director Edited/Submitted By: City Manager

41 ORDINANCE NO. O AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; APPROVING A SPECIAL USE PERMIT TO GRANT A VARIANCE TO THE ALCOHOL DISTANCE REQUIREMENTS IN TYLER CITY CODE CHAPER 10 ALLOWING FOR THE SALE OF ALCOHOLIC BEVERAGES 60 FEET FROM THE PROPERTY LINE OF A PUBLIC SCHOOL ON LOT 12H OF NCB 1013, ONE LOT CONTAINING APPROXIMATELY ACRES OF LAND LOCATED SOUTH OF THE SOUTHEAST INTERSECTION OF SOUTH BROADWAY AVENUE AND SOUTH SOUTHEAST LOOP 323 (4526 SOUTH BROADWAY AVENUE); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, under Texas Alcoholic Beverage Code Section (a)(1), the governing body of an incorporated city or town may enact regulations prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital; and WHEREAS, the City of Tyler has adopted such alcohol distance regulations in City Code Section 10-96; and WHEREAS, Pursuant to Texas Alcoholic Beverage Code Section (e) and City Code Section d., the City Council may waive the distance requirements in Section 10-96; and WHEREAS, the Planning and Zoning Commission of the City of Tyler, Texas, and the City Council of the City of Tyler, Texas, in compliance with the Charter and the State law with reference to the zoning ordinance of the City of Tyler, Texas, and zoning map, have given requisite notices by publication and otherwise and after holding a due hearing and affording a full and fair hearing to all the property owners, generally and to the persons interested, situated in the affected area and in the vicinity thereof, the City Council is of the opinion that the special use should be made as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That the following special use is hereby approved as follows: I. APPLICATION S That the following described property, which is currently zoned C-1, Light Commercial District, shall hereafter be used under a Special Use Permit and variance to meet the distance requirements from a public school in order to be eligible for a Texas Alcoholic Beverage Commission permit to sell beer and wine for on-premise consumption for an indefinite period of time, to wit: Lot 12H of NCB 1013, one lot containing approximately acres of land located south of the southeast intersection of South Broadway Avenue and South Southeast Loop 323 (4526 South Broadway Avenue).

42 PART 2: This Special Use Permit shall be limited to the existing building footprint on Lot 12H of NCB 1013 shown in Attachment A, which is attached hereto and is incorporated herein. This restriction does not include expansions of the existing footprint, only new buildings. PART 3: Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance and same are deemed severable for this purpose. PART 4: That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as provided in Section 1-4 of the Tyler Code. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense. Since this ordinance has a penalty for violation, it shall not become effective until after its publication in the newspaper as provided by Section 85 of the Charter of the City of Tyler, Texas, which date is expected to be October 26 th, PASSED AND APPROVED this the 24 th day of October, A.D., MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: CASSANDRA BRAGER, CITY CLERK APPROVED: DEBORAH G. PULLUM, CITY ATTORNEY

43 ORDINANCE NO. O EXHIBIT A EXISTING BUILDING FOOTPRINT

44 EXHIBIT B LOCATION MAP

45 EXHIBIT C FUTURE LAND USE GUIDE

46 EXHIBIT D NOTIFICATION MAP

47 EXHIBIT E 300 FEET RADIUS MAP

48 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: O-1 Date: October 24, 2018 Subject: ZA UNIFIED DEVELOPMENT CODE (BIANNUAL REVIEW) Request that the City Council consider approving an ordinance amending the Unified Development Code in Tyler City Code Chapter 10 by amending regulations related to landscaping exemptions for certain non-conforming developments, landscaping installation certification, fences, off-street parking, temporary signage, and definitions, including the definition of sexual encounter center. Page: 1 of 4 Item Reference: Texas Local Government Code Chapters 211 and 212; Texas Local Government Code Chapter 243; Tyler City Code Chapter 10 On April 23, 2008, the City Council adopted Ordinance No. O , which amended Tyler City Code Chapter 10 by adopting the Unified Development Code (UDC) governing zoning, subdivision, development and other land use regulations. The City committed to biannual reviews to ensure that the adopted code stays current with development practice. The appointed UDC Steering Committee, chaired by Bob Garrett, reconvened to review and recommend proposed changes to the Unified Development Ordinance. Committee recommendation highlights: Revise landscaping exemptions for non-conforming developments where adjacent to an impervious street parkway (area between the curb and the sidewalk) to require pervious groundcover with any expansion in street yard. Establish a requirement for landscaping installation certification. Clarify fencing requirements for key lots. Clarify which zoning districts allow head-in parking. New and updated definitions. Other minor clarifications. PARKWAY LANDSCAPING FOR NON-CONFORMING DEVELOPMENTS All new developments within the City of Tyler are required to comply with the adopted landscaping standards. The UDC contains provisions that allow developments built under prior landscaping standards to be expanded without applying the latest standards under limited

49 Agenda Number: O-1 Page: 2 of 4 conditions. The UDC does not require conformance to the current standards unless there is an expansion of the building or an addition of a building into the street yard by more than 25 percent of the existing building. This allows existing sites to make minor expansions or changes without impacting required parking or other site development standards. This exemption, however, also limits the City s ability to require new landscaping and beautification enhancements in the older, long-developed areas of the City. One of the goals of the Tyler 1 st Comprehensive Plan is to improve community identity and sense of place and to Enhance Tyler s public realm with trees, attractive streetscapes, and public gathering places. It is proposed that any existing non-conforming development proposing to expand into the street yard (area between building and street) that are adjacent to an impervious street parkway (area between the curb and the sidewalk) be required to come into conformance with the parkway landscaping requirement. The parkway landscaping requirement is to provide a pervious groundcover such as grass or stones (xeriscaping) except for sidewalk or driveway access. This change will provide streetscape enhancements in areas that may undergo redevelopment but not to the extent that sites are completely redeveloped. LANDSCAPING INSTALLATION CERTIFICATION The UDC requires that at the time of development, all required landscaping be installed in accordance with the approved landscaping plan. The UDC allows minor revisions to the plans so long as the quality of the plant material or no significant change in size or location of plant material occurs. In the event that there is a significant change, the changes must be reviewed and approved by the City to verify if the changes are still in conformance with the UDC. Since 2014, the Planning Department has periodically met with landscaping contractors on a number of compliance issues and have sought to work with the private sector to ensure that the landscaping standards are being implemented. One suggestion was made by a private contractor to require that the general contractor certify that the landscaping was installed in accordance with the approved plan, and if it was not, then they would resubmit preferably prior to installation. This will ensure that the proper review of changes to the plan occurs prior to significant cost of materials and time delays associated with noncompliant installations. This certification will be made to the Chief Building Official and can be audited on an as-needed basis. City building inspectors have been performing inspections of landscaping as the City of Tyler does not employ qualified landscaping inspectors. The proposed certification process will free up time for building inspectors to perform duties related to the health and safety aspects of new structures. KEY LOT FENCING A key lot is defined as any lot where the side property line abuts the rear property line of one or more lots and which are not separated by an alley or any other public way. These lots are typically found in older residential neighborhoods where the blocks are more square than rectangular, resulting in lots facing all four adjacent streets. As it pertains to fencing, the UDC allows residential properties to have fences up to four feet in the front yard and up to eight feet in the side and rear yards. For a key lot, which has rear yards of neighboring properties in its front yard, neighboring fences can be up to eight feet in a key lot s front yard. The amendment being proposed is to clarify that a key lot may also construct a taller fence within its front yard where adjacent to a neighboring rear yard (see Exhibit A ).

50 Agenda Number: O-1 Page: 3 of 4 HEAD-IN PARKING The UDC currently prohibits vehicles from accessing an off-street parking space directly from the street ( head-in parking) except for properties zoned DBAC, Downtown Business, Arts and Culture District and PMXD-1 and PMXD-2, Planned Mixed Use District. The exceptions for these zoning districts is intended to allow properties in the downtown area to utilize historical parking arrangements and to allow for innovative, high density development considerations. While no longer permitted, there are areas throughout the City that still have head-in parking. Typically these areas utilized this form of parking prior to street widening such as along Front Street. Other examples, such as near Tyler Junior College, are still appropriate given the walkable campus environment. The proposal is to allow head-in parking within INT, Institutional District except for arterial streets. SEXUAL ENCOUNTER CENTER DEFINITION Sexually Transmitted Diseases and Infections (STDs and STIs) are a substantial health challenge facing the United States. The 2017 Annual Texas STD Surveillance Report issued by the Texas Department of State Health Services finds that Smith County has the 19 th highest number of Gonorrhea cases and the 24 th highest number of Chlamydia and Syphilis cases in the State. Consistent with Texas Local Government Code Chapter 243, the City of Tyler regulates sexually oriented businesses (SOBs) to promote the health, safety, morals, and welfare of city citizens, and to establish reasonable and uniform regulations. This regulation of land use helps protect and promote the health, safety and general welfare of the people of Tyler. The City finds that sexually oriented businesses, because of their nature, usually have a deleterious effect on both the existing businesses around them and surrounding residential areas adjacent to them. The First Amendment does not allow cities to forbid SOBs, but can require licenses for such businesses that must meet a number of criteria and restrictions such as being at least 800 feet from any religious institution, school, residential property or public park. The definition update (clarification) to Sexual Encounter Center is intended to provide the City with the ability to account for technological advances within the industry and personal preferences. The main focus of the new ordinance is to regulate on-premise activities that involve the use, for erotic or sexual purposes, of robots, dolls, etc. The ordinance does not ban such devices, nor does it prohibit the sale or personal use thereof. The ordinance does, however, regulate business enterprises where a person engages in the use of such products that occurs on property owned by, controlled by or associated with the commercial activity. To be clear, no one has approached the City of Tyler to open any additional SOBs or to engage in this type of activity involving robots, dolls, etc. Currently there is only one SOB in the City of Tyler. The proposed clarification is intended to be proactive to address 21 st century circumstances. The recommendations were presented to the UDC Review Committee on May 22, 2018, and to the Developer s Round Table on August 29, All groups are in general agreement with the recommended changes. On October 2, 2018, the Planning and Zoning Commission held a public hearing on the proposed changes. No one spoke in favor or in opposition to the proposed changes.

51 Agenda Number: O-1 Page: 4 of 4 RECOMMENDATION: The Planning and Zoning Commission by a 4-0 vote recommends approval of the proposed changes to the Unified Development Code. ATTACHMENTS: 1. Ordinance 2. Exhibit A : Key Lot Illustration 3. Exhibit B : Update Matrix Drafted/Recommended By: Department Leader Heather Nick, AICP Managing Director Edited/Submitted By: City Manager

52 ORDINANCE NO. O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AMENDING CHAPTER 10, TYLER UNIFIED DEVELOPMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS, BY AMENDING REGULATIONS RELATED TO LANDSCAPING EXEMPTIONS FOR CERTAIN NON-CONFORMING DEVELOPMENTS, LANDSCAPING INSTALLATION CERTIFICATION, FENCES, OFF-STREET PARKING, TEMPORARY SIGNAGE, AND DEFINITIONS, INCLUDING THE DEFINITION OF SEXUAL ENCOUNTER CENTER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Council to protect the public health, safety and welfare; and WHEREAS, municipalities may, under their police powers, enact reasonable regulations to promote the health, safety and general welfare of citizens; and WHEREAS, the City of Tyler is a home-rule municipality acting under its Charter adopted by the electorate pursuant to Article 11, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Texas Local Government Code Section (a) states that a home-rule municipality has full power of self-government; and WHEREAS, Texas Local Government Code Section (b) provides that the grant of powers to a municipality under the Texas Local Government Code does not prevent by implication or otherwise, the municipality from exercising the authority incident to selfgovernment; and WHEREAS, Texas Local Government Code Section (1) provides that the governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule or police regulation that is for good government, peace, or order of the municipality; and WHEREAS, Texas Local Government Code Section (2) provides that the governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule or police regulation that is necessary or proper for carrying out a power granted by law to the municipality or to an office or department of the municipality; and WHEREAS, Section 1 of the Tyler City Charter states that the City of Tyler may make any and all rules and regulations by ordinances and resolutions; and WHEREAS, Section 1 of the Tyler City Charter provides that the City may license and regulate persons, corporations, and associations engaged in any business, occupation, profession or trade; and

53 WHEREAS, Section 1 of the Tyler City Charter states that the City may define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City; and WHEREAS, Section 1 of the Tyler City Charter states that the City of Tyler may make and enforce local police, sanitary, and other regulations, and may pass such ordinances as may be expedient for maintaining and promoting the peace, good government and welfare of the City, and for the performance of the functions thereof; and WHEREAS, Section 1 of the Tyler City Charter provides that the City shall have all powers that now are, or hereafter may be granted to municipalities by the constitution or laws of Texas, and that all such powers, whether express or implied, shall be exercised and enforced, in the manner prescribed by the Charter, and when not prescribed by the Charter, in such manner as shall be provided by ordinances and resolutions of the City Council; and WHEREAS, Section 2 of the Tyler City Charter states that the enumeration of particular powers by the Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated in the Charter, the City shall have, and may exercise all other powers which, under the constitution and laws of Texas, it would be competent for the Charter specifically to enumerate; and WHEREAS, Section 6 of the Tyler City Charter states that pursuant to the provisions of and subject only to the limitations imposed by State law and the Charter, all powers of the City shall be vested in an elective Council, which shall, among other duties, enact legislation; and WHEREAS, the powers granted to municipalities under Texas Local Government Code Chapter 211, Subchapter A., are for the purpose of promoting the public health, safety, morals, and general welfare, as well as preserving places and areas of historical, cultural or architectural importance and significance; and WHEREAS, Texas Local Government Code Section (a)(5) authorizes the governing body of a municipality to regulate the location and use of buildings, or structures, and land for business, industrial, residential, or other purposes; and WHEREAS, Texas Local Government Code Section (a) authorizes a zoning commission to recommend boundaries for the original zoning districts, and appropriate regulations for each district; and WHEREAS, Texas Local Government Code Section states that after a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality s jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality; and WHEREAS, Texas Local Government Code Section (a) provides that the governing body of a municipality may by ordinance extend to the extraterritorial jurisdiction of the municipality the application of the municipal ordinance prescribing rules governing plats and subdivisions of land; and

54 WHEREAS, State law, at Texas Local Government Code Chapter 243, authorizes a municipality to adopt regulations regarding sexually oriented businesses as the municipality considers necessary to promote the public health, safety, and welfare; and WHEREAS, on April 23, 2008, the City Council adopted Ordinance No , which amended Tyler City Code Chapter 10 by adopting the Unified Development Code governing zoning, subdivision, development and other land use regulations; and WHEREAS, it is important to amend certain provisions in the Unified Development Code in City Code Chapter 10; and WHEREAS, the Unified Development Code Review Committee has reviewed the proposed changes; and WHEREAS, on October 2, 2018, the Planning and Zoning Commission reviewed the proposed changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That Tyler City Code Chapter 10, Tyler Unified Development Code, Article VI., Development Standards, Division A., Landscaping and Tree Preservation, is hereby amended by amending Section to read as follows: Sec Landscape Requirements for Nonconforming Uses a. No changes b. Regulation of Nonconforming Developments 1. The pplanning ddirector is authorized to approve an alternative compliance parking plan allowing shared parking arrangements for nonresidential uses with different hours of operation. 2. The pplanning ddirector may permit up to 100 percent of the parking required for one use to be supplied by the off-street parking spaces provided for another use if the pplanning ddirector determines that the various activities will have peak parking demands at different periods of the day or week. 3. In order to approve an alternative compliance parking plan for shared parking, the pplanning ddirector must find, based on competent evidence provided by the applicant, that that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed. 4. Regardless of any exemptions in part 3, non-conforming developments which contain parkways with impermeable surfaces shall be planted with grass or other typical permeable landscaped ground cover and left unpaved except for sidewalks and driveways with any expansion of existing buildings or construction of new buildings in the street yard. The established Master Street Plan right-of-way width will determine the maximum parkway width for the purposes of this requirement. (Ord. No ; 10/24/18) PART 2: That Tyler City Code Chapter 10, Tyler Unified Development Code, Article VI., Development Standards, Division A., Landscaping and Tree Preservation, is hereby amended by amending Section to read as follows:

55 Sec Landscaping and Tree Preservation Compliance a. All required landscaping and screening must be installed as part of the project construction. Upon installation, the general contractor shall submit to the Building Official a signed certification stating that all required landscaping, buffering and screening has been installed in accordance with the approved plan. If the installed landscaping is not in compliance with the approved plan, a final As-Built plan shall be submitted to the Planning Department for review per Section The City reserves the right to verify all landscaping installations before or after the issuance of a Certificate of Occupancy or final inspection. (Ord. No ; 10/24/18) b. through f. No changes PART 3: That Tyler City Code Chapter 10, Tyler Unified Development Code, Article VI., Development Standards, Division C., Fences and Walls, is hereby amended by amending Section to read as follows: Sec Required Conditions a. Location and Height 1.through 2. No changes 3. Fencing requirements in residential districts including AR : (a) Fences located in the front yard, along the front property line and/or the side property line(s), to a depth less than or equal to the required front yard setback of shall be restricted to a maximum height of four feet. Such fences shall be at least 50 percent open and any concrete or masonry footing, not including any required retaining walls, shall be limited to 24 inches from grade. Fence materials shall be in accordance with subsection b. of this Section. There are certain circumstances, however, whereby For Key Lots as defined in this Chapter, the maximum height of a fence erected in the designated front and side yards of a lot which is zoned residential and is adjacent to the rear yard of an abutting lot, may exceed the four foot maximum height limitation. This does not apply to fences spanning the width of the front yard. In these circumstances Where applicable, all fencing or walls must not interfere with traffic sight visibility or public safety. (Ord. No ; 11/11/10) (Ord. No ; 11/8/17) (Ord. No ; 10/24/18) (b) Fences located in the rear or side yards, along the rear property line or the side property line(s), at a depth greater than the required front yard setback, are restricted to a maximum height of eight feet. (c) Driveway gates shall not be built within the required front yard setback in residentially zoned districts, unless in accordance with a PUR final site plan. Legal nonconforming driveway gates must be replaced within six months of removal to maintain nonconforming status. (Ord. No ; 11/8/17) 4.No changes b. through e. No changes PART 4: That Tyler City Code Chapter 10, Tyler Unified Development Code, Article VI., Development Standards, Division E., Off-Street Parking and Loading, is hereby amended by amending Section to read as follows:

56 Sec General Requirements a. and b. No changes c. Except in DBAC, INT (not on arterial streets), PMXD-1, and PMXD-2, no parking or maneuvering will be allowed within the street right-of-way between the curb, improved roadway, or travel portion of the rights-of-way and the common right-ofway property line, unless approved by the planning director. It is the responsibility of the property owner to certify at the time formal application is made for a building permit or certificate of occupancy and compliance that the site provides sufficient space and facilities necessary to assure that no vehicle parking or maneuvering activity will take place on public right-of-ways or on private property not under the property owner's control. d. Except in DBAC, INT (not on arterial streets), PMXD-1, and PMXD-2 Nno public street, right-of-way, or public property may be used to gain direct access to a parking space except that an alley may be used for maneuvering space to reach a parking space, and public streets may be used to gain direct access to residential usage. (Ord. No ; 10/24/18) e. through i. No changes PART 5: That Tyler City Code Chapter 10, Tyler Unified Development Code, Article VI., Development Standards, Division E., Off-Street Parking and Loading, is hereby amended by amending Section to read as follows: Sec Shared Parking Arrangements a. No changes b. Authorization and Criteria 1. through 3. No changes other than to revise planning director to Planning Director 4. A request for approval of a shared parking arrangement must be accompanied by such information determined by the pplanning ddirector as necessary to evaluate the peak parking demand characteristics or difference in hours and/or days of operation, including, but not limited to, a description of the uses, the space occupied by each use, and their operational characteristics, a site plan, nearest transit stop, and a parking study prepared by a licensed professional traffic engineer or equivalent qualified professional which justifies the reduction in parking requested. (Ord. No ; 10/24/18) c. No changes d. Agreement An agreement providing for the shared use of parking areas, executed by the parties involved, must be filed with the pplanning ddirector, in a form approved by the ccity aattorney and recorded at the Smith County Land Records office by the applicant. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. (Ord. No ; 10/24/18) e. No changes

57 PART 6: That Tyler City Code Chapter 10, Tyler Unified Development Code, Article VI., Development Standards, Division H., Sign and Billboard Regulations, is hereby amended by amending Section to read as follows: Sec Temporary Signs and Holiday Decorations a. No changes b. Temporary Sign Types 1. Commercial Banners and Coroplast Signs Commercial banners and coroplast signs are subject to the requirements set forth in the table in Sec and of this section. There are two three types of commercial banners: i. Ground-mounted banners and signs: Ground-mounted banners and signs shall be supported by two posts implanted into the ground. ii. (a)pole-mounted banners:, which are ddisplayed vertically, mounted on two rods that extend perpendicularly to a pole. Such banners may be part of an overall exterior signage package. iii.(b)wall mounted banners:, which are typically ddisplayed horizontally on a exterior building wall, face, or side. Wall mounted banners typically display information regarding commercial events, such as grand openings, sales, or property leasing information. For the purposes of this section, a set or group of up to 10 pole-mounted banners will be considered a single banner. (Ord. No ; 11/10/10) (Ord. No ; 10/24/18) 2. No changes 3. No changes PART 7: That Tyler City Code Chapter 10, Tyler Unified Development Code, Article XIII., Definitions, Division A., Definitions, is hereby amended by adding or amending the following definitions to read as follows, in the appropriate alphabetical order, with no other changes to the Division except as shown: Day Care Center (Children) A child care facility, licensed by the state, without a State certified curriculum under public or private auspices, which cares for six (6) or more children under sixteen (16) years of age who are apart from their own family or relatives during a part of the day. The term "day care center" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (Ord. No ; 10/24/18) Lot, Key Any lot, the side property line of which abuts the rear property line of one or more lots and which are not separated by an alley or any other public way.

58 (Ord. No ; 10/24/18) Pre-School A publicly certified or privately accredited facility for children typically ranging from three to four years of age. (Ord. No ; 10/24/18) School A public, private or parochial educational facility, that provides a curriculum of elementary and/or secondary academic instruction, including pre-school/kindergartens, elementary schools, junior high/middle schools and high schools. (Ord. No ; 10/24/18) Sexual Encounter Center a.a business or commercial enterprise that, as one of its primary business purposes and on premises owned, controlled or associated with such business or commercial enterprise, offers, for any form of consideration, one or more of the following activities to occur on-site:; 1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or 2. Activities between male and female persons and/or persons of the same sex when one or more of the employees of the establishment is in a state of nudity or semi-nude.; or 3. The fondling or other erotic touching of robots, machines, devices, dolls, models, mannequins, toys or other products, including but not limited to those representing human beings, the specified anatomical areas of human beings, animals or plant-life species; or 4. Sexual activities between person(s) and robots, machines, devices, dolls, models, mannequins, toys or other products, including but not limited to those representing human beings, the specified anatomical areas of human beings, animals or plant-life species. b.for purposes of subsections 3. and 4. above, the term robot shall mean a machine resembling a living creature (fictional or non-fictional, real or imagined), and able to replicate certain movements or functions of such living creature. (Ord. No ; 10/24/18) PART 8: That if any provision or any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 9: That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as provided in Section 1-4 of the Tyler Code. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense. Since this ordinance

59 has a penalty for violation, it shall not become effective until after its publication in the newspaper as provided by Section 85 of the Charter of the City of Tyler, Texas, which date is expected to be Friday, October 26, PASSED AND APPROVED this the 24 th day of October, A.D., MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: APPROVED: CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

60 EXHIBIT A KEY LOT ILLUSTRATION STREET STREET KEY LOT KEY LOT KEY LOT KEY LOT STREET STREET

61 ATTACHMENT B UPDATE MATRIX 1 of 5

62 ATTACHMENT B UPDATE MATRIX 2 of 5

63 ATTACHMENT B UPDATE MATRIX 3 of 5

64 EXHIBIT B UPDATE MATRIX 4 of 5

65 EXHIBIT B UPDATE MATRIX 5 of 5

66 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: R-1 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute an engineering services contract in an amount not to exceed $2,100,000 with Lockwood Andrews & Newnam, Inc. (LAN) in conjunction with Adams Engineering for the Rehabilitation of Sanitary Sewer Basins 8 and 15 and to approve a resolution reserving the right to reimburse expenditures with proceeds of future debt. Page: 1 of 2 Item Reference: In 2017, Tyler Water Utilities (TWU) entered into a Consent Decree with the Environmental Protection Agency (EPA) to address the City s aging wastewater collection system and resulting discharges. The Consent Decree became effective on April 10, As a part of this Consent Decree, a condition assessment has been performed for the sanitary sewer collection system in Basins 8 and 15. This work was performed by Pipeline Analysis. There were 379 line segments identified for rehabilitation within these two basins. In addition, 897 manholes will be included in this phase of rehabilitation, which were identified during the capacity study. It is anticipated that there will be eight separate projects identified for bidding. The scope of services with LAN provides for engineering services from preliminary design through the end of construction, including surveying, preliminary and final design, bidding, program administration and construction inspection. A copy is attached for review. Also attached is a location map, as well as a resolution reserving the right to reimburse expenditures for future construction in the event the City issues revenue bonds. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Contract for engineering services in an amount not to exceed of $2,100,000 with Lockwood Andrews & Newnam, Inc. in conjunction with Adams Engineering for the Rehabilitation of Basins 8 and 15 project and to approve a resolution reserving the right to reimburse expenditures with proceeds of future debt.

67 Agenda Number: R-1 Page: 2 of 2 ATTACHMENTS: 1. Location Map 2. Scope of Services 3. Reimbursement Resolution Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

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76 RESOLUTION NO. R A RESOLUTION OF THE TYLER, TEXAS CITY COUNCIL DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT. STATE OF TEXAS COUNTY OF SMITH CITY OF TYLER WHEREAS, the City of Tyler, Texas (the "Issuer") reserves the right to issue debt for the design of the Rehabilitation of Sanitary Sewer Basins 8 and 13 project (the "Project") and further intends to make certain capital expenditures with respect to the Project and currently reserves the right to reimburse the capital expenditures with proceeds of such debt; and WHEREAS, under 26 CFR (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER TEXAS: Part 1: That the City of Tyler reasonably expects to reserve the right to reimburse capital expenditures with respect to the Project with proceeds of future potential debt hereafter which may be incurred by the issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $2,100,000. Part 2: That this Resolution shall be effective immediately upon adoption. PASSED AND APPROVED, this the day of, MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: CASSANDRA BRAGER, CITY CLERK APPROVED: CITY ATTORNEY

77 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-1 Date: October 24, 2018 Subject: Request that City Council consider authorizing the City Manager to award City of Tyler Bid No for Bergfeld Park Splasher the Dolphin renovations to TCMC Commercial LP of Tyler, Texas, to furnish all necessary materials, equipment, superintendence, and labor for an amount not to exceed $235,000 and $37,000 for the Bid Alternate for signage once all donations have been received. This project is 100 percent funded by donations. Page: 1 of 2 Item Reference: City of Tyler Bid No On Tuesday, September 9, 2018, the City of Tyler opened bids to furnish all necessary materials, equipment, superintendence, and labor for the Bergfeld Park Splasher the Dolphin renovation project. This project is 100 percent funded by donations received from the East Texas Communities Foundation. There were two over all bidders. TCMC Commercial LP $235,000 & Bid Alternate for $37,000 Garrett and Associates $307,200 & Bid Alternate for $38,800 RECOMMENDATION It is recommended that Council authorize the City Manager to award Bid No to TCMC Commercial LP of Tyler, Texas to furnish all necessary materials, equipment, superintendence, and labor for Bergfeld Park Splasher the Dolphin renovations in an amount not to exceed $235,000 and $37,000 for the Bid Alternate for signage once all donations have been received. ATTACHMENTS: 1. Design Sheet Drafted/Recommended By: Department Leader Russ Jackson, Parks & Recreation Director Edited/Submitted By: City Manager

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79 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-2 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute a contract with Jacobe Brothers Construction for the construction of Fire Station No. 1 in the amount of $4,828, Page: 1 of 2 Item Reference: Item M-2; 12/13/17 Fire Station No. 1 is currently located downtown and is being relocated to the corner of Palace Avenue and Gentry Parkway. Fitzpatrick Architects has completed the design and the contractor was selected using the competitive sealed proposal process, which evaluates each contractor on their proposed price, as well as other factors such as qualifications, proposed time of completion and change order fee. Five proposals were received. The criteria for ranking the contractors was based on the following: Criteria: % of Score Proposal Price 40 Company Profile and General Experience 15 Experience with Projects of this Specific Type and Magnitude 15 Experience and References of Key Personnel 10 Safety Record/Financial Profile 10 Change Order Fee 5 Time of Completion 5 After the selection committee reviewed all the proposals, Jacobe Brothers Construction was selected. The contract amount is $4,828,409.83, which includes the base bid, alternates 2 and 3, and $23, for Crosspoint Communications to install antennas and relocate existing radio equipment. Alternate 2 subtracts $77,682 from the base bid for using PVC roofing material instead of modified bituminous. Alternate 3 adds $23,500 for fencing for the staff parking area. FUNDING: Half Cent Sales Tax Fund RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Jacobe Brothers Construction for the construction of Fire Station No. 1 in the amount of $4,828,

80 Agenda Number: M-2 Page: 2 of 2 ATTACHMENTS: 1. Exhibit A Location Map 2. Exhibit B Bid Tab and Evaluation Summary Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

81 Exhibit A Location Map

82 BID TAB 9/25/18 COT FIRE STATION NO. 1 CONTRACTOR BID BOND Exhibit B Bid Tab and Evaluation Summary ADDEN. RECEIVED BASE BID CHANGE ALT. #1 ALT. #2 ALT. #3 TOTAL DAYS ORDER FEE GENERATOR PVC ROOFING FENCING/GATE BASE BID + ALL ALTERNATES HGR GENERAL CONTRACTORS Y Y Y Y Y $4,770,000 12% ($27,678) ($56,770) $31,400 $4,716, JACOBE BROTHERS CONSTRUCTION Y Y Y Y Y $4,859,000 8% ($26,750) ($77,682) $23,500 $4,778, TCMC GENERAL CONTRACTORS Y Y Y Y Y $4,980,000 10% ($28,000) ($13,000) $30,000 $4,969, WATSON COMMERCIAL Y Y Y Y Y $4,943,000 10% $30,500 ($12,720) $33,000 $4,993, WRL GENERAL CONTRACTORS Y Y Y Y Y $5,131,000 10% ($29,000) ($13,400) $36,500 $5,125, COMMITTEE EVALUATION SCORES Contractor Committee Avg. Score Rank Jacobe Brothers 91 1 HGR Watson WRL TCMC

83 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-3 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute a contract with Garrett and Associates for the construction of Fire Station No. 4 in the amount of $2,989, Page: 1 of 2 Item Reference: Item M-2; 12/13/17 Fire Station No. 4 is a new fire station that is needed in the Jack Elementary area. Land was previously donated to the City of Tyler off of Cherryhill Drive. Fitzpatrick Architects has completed the design and the contractor was selected using the competitive sealed proposal process, which evaluates each contractor on their proposed price, as well as other factors such as qualifications, proposed time of completion and change order fee. Six proposals were received. The criteria for ranking contractors was based on the following: Criteria: % of Score Proposal Price 40 Company Profile and General Experience 15 Experience with Projects of This Specific Type and Magnitude 15 Experience and References of Key Personnel 10 Safety Record/Financial Profile 10 Change Order Fee 5 Time of Completion 5 After the selection committee reviewed all the proposals, Garrett and Associates was selected. The contract amount is $2,989,713.64, which includes the base bid, alternate 1, and $13, for Crosspoint Communications to install antennas and relocate existing radio equipment. Alternate 1 subtracts $41,300 from the base bid for using PVC roofing material instead of modified bituminous. FUNDING: Half Cent Sales Tax Fund RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Garrett and Associates for the construction of Fire Station No. 4 in the amount of $2,989,

84 Agenda Number: M-3 Page: 2 of 2 ATTACHMENTS: 1. Exhibit A Location Map 2. Exhibit B Bid Tab and Evaluation Summary Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

85 Exhibit A Location Map

86 BID TAB 9/25/18 COT FIRE STATION NO. 4 CONTRACTOR BID BOND Exhibit B Bid tab and Evaluation Summary ADDEN. RECEIVED BASE BID CHANGE ALT. #1 TOTAL DAYS ORDER FEE PVC ROOFING BASE BID + ALL ALTERNATES GARRETT & ASSOCIATES Y Y Y Y Y $3,018,000 10% ($41,300) $2,976, HGR GENERAL CONTRACTORS Y Y Y Y Y $2,971,500 12% ($40,855) $2,930, JACOBE BROTHERS CONSTRUCTION Y Y Y Y Y $3,172,482 8% ($7,811) $3,164, TCMC GENERAL CONTRACTORS Y Y Y Y Y $3,180,000 10% ($8,000) $3,172, WATSON COMMERCIAL Y Y Y Y Y $3,062,000 10% ($8,300) $3,053, WRL GENERAL CONTRACTORS Y Y Y Y Y $3,169,000 10% ($41,200) $3,127, COMMITTEE EVALUATION SCORES Contractor Committee Avg. Score Rank Garrett & Associates Jacobe Brothers Watson 86 3 HGR WRL TCMC

87 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-4 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute a contract with Reynolds and Kay, Ltd. for the construction of the Sunnybrook Drive Structure Replacement in the amount of $579, Page: 1 of 2 Item Reference: Item C-A-9; 12/13/17 The Sunnybrook Drive Structure Replacement project is one of twelve identified in the 2016 Drainage CIP Strategy. The structures at Azalea Drive and Camellia Street are programmed for replacement through the Texas Department of Transportation (TxDOT) off-system bridge replacement program. The structure at Robertson Avenue is the remaining structure along this section of channel that needs to be replaced. This project will improve drainage characteristics along this tributary. The project was publicly advertised and bids were opened on September 25, The following bids were received. The engineer s opinion of probable construction cost was $487, Staff recommends the contract be awarded to the low bidder Reynolds and Kay, Limited. Contractor Base Bid Reynolds and Kay, LTD $579, Capps-Capco Construction $953, Joe Funk Construction $1,000, FUNDING: Half Cent Sales Tax Fund RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Reynolds and Kay, Ltd. for the construction of the Sunnybrook Drive Structure Replacement in the amount of $579,

88 Agenda Number: M-4 Page: 2 of 2 ATTACHMENTS: 1. Exhibit A Bid Tabulation 2. Exhibit B Location Map Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

89 EXHIBIT A

90 EXHIBIT B: LOCATION MAP

91 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-5 Date: October 24, 2018 Subject: Request that the City Council consider approving the release of retainage and a final contract amount of $645, to Reynolds and Kay, Ltd. for the 2018 Seal Coat Program. Page: 1 of 1 Item Reference: City Council Agenda M-4, 5/23/18 On May 23, 2018, the City Council awarded the construction of the 2018 Seal Coat program to Reynolds and Kay, Ltd. in the amount of $639, Construction was completed and the total cost for the project is $645, The project is $5, (+0.84 percent) over the original contract amount. The amount of the retainage to be released is $6, The contract amount originally approved included the base bid plus alternates 1, 2, and 3. The overrun occurred because near the end of the project, it appeared there was enough base repair savings to proceed with the streets that we had bid in alternate 4 and not exceed the contract amount. At completion, alternate 4 was only slightly over the contract amount but remained under the available funding amount. Including alternate 4 added 2.8 lane miles for a total of 27.8 lane miles. If we had dropped alternate 4 streets, we would have finished $53,000 under the contract amount. CONTRACT SUMMARY Original Contract Amount Final Contract Amount Percent Change Retainage $639, $645, % $6, RECOMMENDATION: It is recommended that the City Council approve the release of retainage and a final contract amount of $645, to Reynolds and Kay, Ltd. for the 2018 Seal Coat Program. ATTACHMENTS: 1. Completed Streets List Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

92 2018 Seal Coat Project STREET LIMITS FROM LIMITS TO PCI GROUP BASE BID Driftwood Loop 323 Woodland Hills 60.0 Woodland Hills Post Oak Woodland Hills(DE) Caperton 49.0 Woodland Hills Darrell Woodland Hills Caperton 63.0 Woodland Hills New Copeland Wilma Troup Hwy 57.3 Amhurst Brazos Blvd Leon DE 66.8 Brazos Briarose Sunnyhill Leon 66.0 Brazos Leon Lion Brazos (DE) 49.1 Brazos Trinity Brazos DE 17.0 Brazos Neches Brazos DE 30.0 Brazos Woodhue Loop 323 DE 57.0 Brazos Kensington Dr Inverness Troup Hwy 65.0 Kensington Inverness Kensington Dr Shiloh 54.0 Kensington Inverness Kensington Dr Heather Ln 59.7 Kensington Heather Aberdeen Aberdeen 52.9 Kensington Tweed Ct Aberdeen DE 36.0 Kensington Dundee Edinburgh Kensington 74.0 Kensington Kirkcaldey Shiloh Kensington 60.6 Kensington Rosemont DE ( West) Bellaire 70.0 Van Hawthorne Garden Valley Rosemont 72.0 Van Charlotte Garden Valley Van Hwy 70.3 Van Lenora Garden Valley Van Hwy 63.9 Van Tulsa Darla Lenora 82.0 Van Darla Tulsa Garden Valley 82.0 Van Jordan St W. Gentry Pkwy DE 43.0 Van Parkdale W. Gentry MLK 82.3 Van Robert E Lee Broadway Jeff Davis 77.0 RE Lee Suel Dr Whiteside Rd DE 75.0 Whiteside Bolivar Dr DE DE 66.0 Whiteside Old Chandler Rd Loop 323 DE (Past Wildrose) 69.0 Whiteside Whiteside Rd Chandler Hwy Loop Whiteside Whiteside Rd Chandler Hwy Bellwood Rd 31.0 Whiteside Bellwood Rd Whiteside Rd Loop 323 (RR 75.0 Whiteside

93 pvmt) Bennett Ave Bellwood Shaw 66.0 Whiteside Towne Way Dr Loop 323 Towne Park Dr 49.0 Towne Park Towne Park Dr Loop 323 DE 74.0 Towne Park Park Center Dr Towne Way Dr Towne Park Dr 79.0 Towne Park ALTERNATE 1 Augusta Rusk Bryan 56.3 Augusta ALTERNATE 2 Watson Loop 323 DE 55.0 Woodland Hills ALTERNATE 3 Fenton Elm Front 57.4 Ross Ross Bow Erwin 67.0 Ross ALTERNATE 4 Eisenhower Dr Chandler Hwy City Limit (Nimitz) 70.0 Eisenhower Wilmingham Dr Patton DE 69.0 Eisenhower

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95 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-6 Date: October 24, 2018 Subject: Agreement to allow Phirst Technologies, LLC to conduct Alpha Testing of its Automated Drone First Response System with temporary installation of a base station at Fire Station No. 9. Page: 1 of 2 Item Reference: 14 CFR Part 107; 14 CFR Sec (a)(2); 14 CFR Part 47; Texas Government Code, Chapter 423 The purpose of this Agreement is to set up a pilot program and to define the responsibilities and obligations of both the City of Tyler (City) and Phirst Technologies, LLC, (PTL), with regard to Phase I Alpha Testing of PTL s automated drone first responder system. The City will allow PTL to install a 15-foot by 15-foot, four inch thick concrete pad at a designated area at Fire Station No. 9. The area will be fenced and accessible only to PTL personnel. Fire Department personnel may have access only in case of emergency. Within that fenced area, a base station for housing the test drone will be installed. During PTL s Alpha Testing, the drone will be operated by a remote PTL Pilot in Command (PIC) per regulations set forth at 14 CFR Part 107 and Chapter 423 of the Texas Government Code and in conjunction with emergency 911 calls coming into Tyler dispatch. The drone will be activated by a PTL PIC from time to time to determine how fast and how well it can respond to certain emergency calls by providing the first eyes on scene. Any data received by the drone during Phase I will be the sole property of PTL who will agree to share that data with the City on request but only for purposes of determining whether Phase II Beta testing will be considered in the future. This Agreement is limited to one 12-month term but can be renewed for that or a different extended term should additional Alpha Testing be desired. PTL will bear all costs of installation of the base station, testing, maintenance of equipment, and other costs and liability associated with Phase I testing. The Agreement provides that in conducting this testing, PTL and its personnel will neither interfere with nor otherwise impede the regular business at Station No. 9. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter the attached Agreement for Temporary Installation for Phase I Alpha Testing of Automated Drone First Response System, which will allow for the installation of a base station for a drone to be used for PTL Alpha Testing related to its drone first response system.

96 Agenda Number: M-6 Page: 2 of 2 ATTACHMENTS: 1. Agreement for Temporary Installation For Phase I Alpha Testing of Automated Drone First Response System at City of Tyler Fire Station No. 9, including Exhibit A. Drafted/Recommended By: Department Leader David Coble, Fire Chief Edited/Submitted By: City Manager

97 AGREEMENT FOR TEMPORARY INSTALLATION FOR PHASE I ALPHA TESTING OF AUTOMATED DRONE FIRST RESPONSE SYSTEM AT CITY OF TYLER FIRE STATION NO. 9. Comes Now the CITY of Tyler, Texas, a Texas home-rule municipality, hereinafter referred to as CITY and Phirst Technologies, LLC, a Texas corporation, hereinafter referred to as PTL and enter the following Agreement. I. Purpose; Initial Term; and Ownership of Alpha Testing Data Collected a. The purpose of this Agreement is to set up a pilot program and to define the responsibilities and obligations of the parties with regard to Phase I Alpha Testing of PTL s automated drone first response system. b. All data received or collected during this Alpha Testing phase is and shall remain the property of PTL. c. It is agreed that, starting no earlier than October 31, 2018, PTL may install a base station at Fire Station No. 9 for the testing of an automated drone first response system. The term of this Agreement shall be for a period of 12 months, commencing on the date this Agreement is executed by both parties. II. Responsibilities of the CITY a. The CITY agrees to provide and approve a 15 x15 space at Fire Station No. 9, as described by Exhibit A, attached and incorporated herein, located approximately 7 ft. west and 16 ft. north of a retaining wall that is west of the Fire Station building to allow PTL to install a base station for the purpose of launching and landing a small unmanned aircraft system (UAS), hereinafter referred to as drone. This space will serve as the primary landing site. b. The CITY agrees to provide the necessary electrical service for the operation of the drone from the designated base station. c. The CITY agrees to designate and approve an alternate secondary landing site at Fire Station No. 9. d. If the CITY provides a written request to PTL, PTL shall provide reasonable access to PTL s data collected during Alpha Testing. The CITY agrees that the purpose of access will be limited to the review of information as part of an overall assessment and in consideration of possible future uses of drones in first responder events. At no time will data gleaned from Alpha Testing of PTL s drone be considered owned by the CITY of Tyler, regardless of PTL s sharing of such information under this Agreement. The CITY shall not use the data for any purpose other than in its own internal assessment of the drone s operation for first responder events. The CITY shall not provide data Final.Drone.Alpha testing. Page 1 of 10 sr.pb

98 received pursuant to this Agreement with any third party without PTL s written consent, as the CITY will at no time under this Agreement own data collected by PTL. III. Responsibilities of Phirst Technologies, LLC a. PTL agrees to pay for all costs associated with setting up a base station for the installation of an automated drone at the place provided and approved by the CITY at Fire Station No. 9. PTL shall pour at least a 4 concrete pad in the designated 15 x15 location and will install a minimum 8 ft. fence around the pad which shall be locked at all times except when access is necessary by PTL for purposes related to Alpha Testing or by the City in the event of an emergency. Select dirt will be brought in to create a flat area for the concrete pad due to the sloping hill at this location. Dirt will be contoured and seeded. All installation and maintenance costs shall be the responsibility of PTL. PTL personnel shall park in the auxiliary parking lot near the base station and shall not obstruct the flow of apparatus and fire personnel. b. PTL will be responsible for working with the City s IT and Dispatch departments in assuring that any software or software interface used to facilitate Alpha Testing will operate without disruption or harm to the City s technology systems. PTL shall provide whatever training necessary to assure that City employee participation, if any, will be conducted ethically, legally, and will be limited to assistance provided in furtherance of Alpha Testing under this Agreement. c. At the conclusion of the Alpha Testing phase, PTL shall be responsible for the removal of all equipment and the restoration of CITY property to its condition prior to installation at its own cost unless the CITY and PTL have entered a subsequent new Agreement for Phase II-Beta Testing. d. PTL will conduct all Alpha Testing processes pursuant to 14 CFR Part 107 operational limitations, as amended and hereinafter referred to as Part 107. A licensed Remote Pilot in Command (PIC) will be involved with every flight. The person operating the drone must either hold a remote pilot airman certificate with a small UAS rating or be under the direct supervision of a person who does hold a remote pilot certificate. The PIC or another trained visual observer must keep the drone within a visual line of sight at all times during operation unless PTL has been granted a Part 107 waiver to the beyond-visual-line-of-sight (BVLOS) rule or a Part 107 waiver allowing extended-visual-line-of-sight (EVLOS). If such a waiver exists, the PIC must maintain the means by which it has assured the FAA that the operation will be conducted safely. PTL shall comply with all other sections of the Part 107 rule even when a waiver to the BVLOS rule exists. e. The PIC must: i. Make available to the FAA, upon request, the drone for inspection or testing, and to the FAA and/or the CITY any associated documents and records required to be kept under the rule; and Final.Drone.Alpha testing. Page 2 of 10 sr.pb

99 ii. Report to the FAA within 10 days of any operation that results in at least serious injury, loss of consciousness, or property damage of at least $500.00; and iii. Conduct preflight inspections to ensure the drone is in a condition for safe operation; and iv. Ensure that the drone complies with the existing registration requirements specified in 14 CFR Sec (a)(2), as amended, such that the subject UAS/drone has a Certificate of Aircraft Registration per 14 CFR Part 47 or an otherwise effective U.S. registration certificate issued to PTL for operation within the United States. v. PTL agrees to operate the drone pursuant to Texas Government Code, Chapter 423- Use of Unmanned Aircraft. f. PTL, its officers, employees, agents and volunteers shall not interfere with CITY s operations and shall obey any lawful command from the Tyler Fire Chief or his designate pertaining to the installation of the base station or drone testing. g. PTL, its officers, employees, agents and volunteers shall comply with all applicable federal, state, and local laws, statutes and ordinances and regulations pertaining to the operation of drones. IV. FINANCIAL ASSURANCES/DAMAGE TO PROPERTY. a. Independent Contractor. It is agreed for all purposes hereunder, PTL is and shall be an independent contractor and shall not, with respect to PTL s acts or omissions, be deemed an agent or employee of CITY. b. Payment of Claims. PTL shall promptly pay claims for damages to Property owned by the CITY, or CITY s employees, or claims for damages to private property owned by third parties which are caused by employees of the PTL during any Alpha Testing operation conducted pursuant to this Agreement. c. Indemnity. PTL AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER CONSULTANTS FROM AND AGAINST ALL LIABILITY FOR ANY AND ALL CLAIMS, LIENS, DEMANDS, AND DAMAGES OF EVERY KIND FOR INJURIES TO PERSONS INCLUDING DEATH, PROPERTY DAMAGE INCLUDING LOSS OF USE, AND EXPENSES INCLUDING ATTORNEY S FEES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THIS AGREEMENT AND CAUSED IN WHOLE OR IN PART, DIRECTLY OR Final.Drone.Alpha testing. Page 3 of 10 sr.pb

100 INDIRECTLY, BY THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF PTL, ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS THE PTL OR SUBCONTRACTOR MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SUCH CLAIMS OR DAMAGES OCCURRED ON PROPERTY BELONGING TO THE CITY. PTL S INDEMNIFICATION OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IT IS FURTHER AGREED WITH RESPECT TO THE ABOVE INDEMNITY, THAT CITY AND PTL WILL PROVIDE EACH OTHER WITH PROMPT AND TIMELY NOTICE OF ANY EVENT COVERED WHICH IN ANY WAY, DIRECTLY OR INDIRECTLY, CONTINGENTLY OR OTHERWISE, AFFECTS OR MIGHT AFFECT PTL OR CITY, AND CITY SHALL HAVE THE RIGHT TO COMPROMISE AND DEFEND THE SAME TO THE EXTENT OF ITS OWN INTERESTS. PROVIDED, HOWEVER, NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS OBLIGATING PTL TO INDEMNIFY THE CITY FOR THE NEGLIGENCE OR ACTIONS OF THE CITY, ITS AGENTS, SERVANTS, OR EMPLOYEES, OR THIRD PARTIES OVER WHOM CONTRACTOR HAS NO RIGHT OF CONTROL. e. Insurance Requirements. PTL shall provide and maintain, at its own expense, the following types and amounts of insurance, during the term of this Agreement. (See next page) Final.Drone.Alpha testing. Page 4 of 10 sr.pb

101 INSURANCE COVERAGE REQUIRED TYPE 1) COMMERCIAL GENERAL LIABILITY * Policy shall include (but not limited to) the following: a) Products - Completed Operations b) Independent Contractors c) Broad Form Property Damage d) Contractual Liability or Cross Liability AMOUNT Not Less than: $1,000,000 (one million) Each Occurrence $1,000,000 (one million) General Aggregate Per Project And where exposure exists, coverage required for: e) X-C-U Coverage X = Explosion Hazard C = Collapse Hazard U = Underground Damage Any Self-Insured-Retention or Deductible shall not exceed $25,000. 2) BUSINESS AUTOMOBILE LIABILITY Policy shall include (but not limited to) bodily injury and property damage liability for the following: Not Less than: $500,000 (five hundred thousand) Each Occurrence a) Any Auto; OR b) All Owned Autos, and c) Hired Autos, and d) Non-Owned Autos. 3) WORKERS COMPENSATION (Where required by state law) Statutory Limits for Workers Compensation TEX. LAB. CODE ANN. Title 5, Subtitle A, Chapter 401 TEX. ADMIN. CODE, Title 28, Part 2 Final.Drone.Alpha testing. Page 5 of 10 sr.pb

102 Checklist for Standard Contract Certificates of Insurance 1. All pages of the Certificate of Liability Insurance shall be attached. See lower right corner of certificate for ex toto pagination. E.g. Page 1 of 2 2. Policy Effective and Expiration Dates (for each type of coverage) Policy effective date is ON or BEFORE Contract date, and Policy expiration date should extend at least 3 months into the future OR for the estimated project length, whichever is greater. 3. General Liability Occurrence Box is Checked Per Project Box is Checked for General Aggregate Limit. 4. Automobile Liability At a minimum each of the following boxes should be checked: OR Any Auto All Owned Autos, and Hired Autos, and Non-Owned Autos. 5. Workers Compensation WC Statutory Limits Box is Checked 6. Look at the Description of Operations... Special Provisions Box. Clearly indicate the CITY has been endorsed by using this language: The CITY of Tyler (i.e. Certificate Holder) shall be named as Additional Insured as respects to General Liability and Auto and shall have a Waiver of Subrogation as respects to General Liability, Auto and Workers Compensation all as required by written contract subject to policy terms, conditions and exclusions. Coverage is primary, noncontributory as respects to General Liability and Auto as required by written contract. Final.Drone.Alpha testing. Page 6 of 10 sr.pb

103 7. Clearly identify each policy s limits, flat & percentage deductibles, sub-limits, or selfinsured retentions, which exceed the amounts or percentages set forth herein. 8. Certificate Holder: CITY of Tyler P.O. Box 2039 Tyler, TX The preceding amounts notwithstanding, the CITY Council reserves the right to increase the minimum required insurance to be effective thirty (30) days after notices sent to the address provided herein. If CITY exercises the right to increase minimum insurance amounts, PTL may choose to either comply with the increase or cancel this contract with no penalty. The procuring of such policy of insurance shall not be construed to be a limitation upon PTL s liability or as a full performance on its part of the indemnification provisions of the Contract. PTL s obligations to the CITY are, notwithstanding said policy of insurance, for the full and total amount of any damage, injury or loss as provided under the terms of the Contract. e. Other Insurance Requirements. Prior to the contract effective date, PTL shall furnish to CITY a valid Certificate of Insurance, plainly and clearly evidencing required insurance, and thereafter new certificates prior to the expiration date of any prior certificate. PTL understands that it is its sole responsibility to provide this necessary information and that failure to timely comply with the requirements of this article shall be a cause for termination of this contract, under the provisions of the termination clause. The CITY reserves the right to request copies of any required insurance policy. Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All must be adequate as to form, content, form of protection, and providing company. Insurance required by this contract for the CITY, as additional insured shall be primary insurance and not contributing with any other insurance available to CITY, under any third party liability policy. PTL further agrees that with respect to the above-required insurance the CITY shall: Final.Drone.Alpha testing. Page 7 of 10 sr.pb

104 1. Be named as additional insured/or an insured, as its interest may appear, and be provided with a waiver of subrogation; and 2. Be provided with 30 days advance notice, in writing, of cancellation or material change. CITY will not be responsible for any of PTL s insurance costs. V. OTHER CONDITIONS. a. Notices. All notices concerning this Agreement shall be directed to: PTL: CITY: Phirst Technologies, LLC Attn: Phil Burks, CEO 5800 Eagles Nest Blvd. Tyler, TX Phone: phil.burks@genesisworld.com City of Tyler Attn: David Coble, Fire Chief P.O. Box 2039 Tyler, TX Phone: dcoble@tylertexas.com b. Good Faith Dispute Resolution. Venue. The parties agree that should a disagreement arise pursuant to this Agreement, that each party will work in good faith to solve the issue in the best interest of both parties. Should a legal dispute arise for any action to enforce or interpret this Agreement, venue shall lie exclusively in a court of competent jurisdiction in Smith County, Texas. c. Termination. 1. Either party to this Agreement may terminate the Agreement by providing a thirty (30) day written notice of same to the other party. 2. The parties agree that at least thirty (30) days prior to the end of the twelve (12) month term set out herein, the parties will discuss if there is a need to extend the current term or to define a new term for Alpha testing purposes only. 3. Should the parties reach the end of the Alpha Testing period pursuant to this Agreement, and the parties desire to continue to Beta Testing, a new Agreement will be entered prior to any Beta Testing. Final.Drone.Alpha testing. Page 8 of 10 sr.pb

105 EXECUTED this day of EXECUTED this day of FOR CITY: FOR PHIRST TECHNOLOGIES, LLC: Edward Broussard, City Manager Phil Burks, CEO APPROVED: ATTESTED: City Attorney s Office City Clerk Final.Drone.Alpha testing. Page 9 of 10 sr.pb

106 Exhibit A Location of Base Station for Alpha Testing at Fire Station No. 9 Final.Drone.Alpha testing. Page 10 of 10 sr.pb

107 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-7 Date: October 24, 2018 Subject: Request that the City Council consider canceling the November 28, 2018 and December 26, 2018 City Council meetings. Page: 1 of 1 Item Reference: Tyler City Code, Section 1-22 The Tyler City Code, Sec sets out regular City Council meetings on the second and fourth Wednesday of each month. The meetings can be changed, as necessary, by the City Council. Due to the second regular meeting dates in both November and December of this year falling in close proximity to holidays, these meetings could be cancelled without undue delay of any urgent items. It is, therefore, recommended that the regular City Council meetings scheduled for November 28, 2018 and December 26, 2018 be cancelled. RECOMMENDATION: It is recommended that the regularly scheduled City Council meetings of November 28, 2018 and December 26, 2018 be cancelled. Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney Edited/Submitted By: City Manager

108 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-8 Date: October 24, 2018 Subject: Request that the City Council consider approving Northeast Texas Public Health District Proposed FY District Operating Budget. Page: 1 of 2 Item Reference: City Council Agenda Item M-2 7/22/2009 (Northeast Texas Public Health District Cooperative Agreement) The Northeast Texas Public Health District is pleased to submit the Proposed FY District Operating Budget for consideration and approval by the City Council. This Operating Budget was submitted by the District Board of Directors. A cooperative agreement between the City of Tyler, Smith County, and the Northeast Texas Public Health District requires that the Public Health District budget be approved by both the County and the City of Tyler. The Northeast Texas Public Health District is pleased to submit the Proposed FY 2019 Annual Budget for consideration and approval by the City Council. This Operating Budget was approved by the Northeast Texas Public Health District Board of Directors on Thursday September 28, The cooperative agreement between the City of Tyler, Smith County, and the Northeast Texas Public Health District requires that the Public Health District budget be approved by both the County and the City of Tyler. Some highlights of this budget are: 1. The City of Tyler contributes $266,000 (2.68 percent) of the budgeted revenue of $9,943, The Budget reflects a reduction in the Medicaid 1115 Waiver DSRIP funding of $115,000 for FY 19. This extra $115,000 was for FY 2018 only. 3. There is a projected 15 percent increase in Employee Health Insurance for the plan year that begins on March 1, The District hopes to solidify this actual amount by December, There is an additional expenditure of $75,000 to refurbish the Mobile Outreach Coach that was donated to the Northeast Texas Public Health District by Carter BloodCare. RECOMMENDATION: It is recommended that the City Council approve the Northeast Texas Public Health District Proposed FY District Operating Budget.

109 Agenda Number: Page: M-8 2 of 2 ATTACHMENTS: 1. Northeast Texas Public Health District FY District Operating Budget Drafted/Recommended By: Department Leader Keidric Trimble, C.F.O. Edited/Submitted By: City Manager

110 Northeast Texas Public Health District Approved Annual Budget - FY 2019 Net Income Revenue Expenses Net Income FY 2017 Actual FY 2018 FY 2018 FY 2019 Amended Budget Projection Annual Aporoved Budset $ $ r0. r S $ 9, t7, , t 3 I.545 I 0,059, I 35 $ 268,613 $ t93,081 $ 229,245 $ (115,689)

111 Northeast Texas Public Health District Approved Annual Budget - FY 2019 Revenue Forecast DSHS Grant Revenue WIC BCCS Immunization Center for Healthy [,iving Diabetes Healthy Babies Hypertension Milk& Dairy Miscellaneous Grants Local Public Health EH Retail Standards TB TCCCP Texas Healthy Communities EPI#&#2Programs PHEP & Ebola PHEP O.T. Unique Total DSHS Grants City & County Funding City of Tyler City of Tyler - Center Healthy Livin Smith County Total City and County Funding FY 2017 Actual FY 2018 Amended Budeet 5.441, ' t 250, , ,486 74,230 r 3, , ,999 t 80, $ 7,888,3s6 $ 5,510, , , , ,580 70, r3r t , , FY 2018 Projection 5, ,88 r , ,92t 67, zo,ooo 345,720 64,029 69, ,372 97, , ,5_29 FY 2019 Annual Proposed Budget 5,449, ,000 25s r.000 :s.ooo 335,580 70,000 75,383 I 00,550 98,344 t74, ,182,493$ 8,314,793$ 8,0I7, , , ,500 66,500 66, , ,000$ 466,500$ 466,500$ 466,000 District Generated Revenue Permits and Licenses Charges for Current Services Miscellaneous Total District Generated Revenue 404.t41 53 l,8l l 58, , , , , , ,025 50, l,0l1, , ,416 Program Income Immunizations TB Lab Total Program Income 132, r8 137,288 $ I t00 l22,l0o $ I I ,486 I34,823 l , $ 120,500 Revenues - Other Agencies Komen Foundation Cancer Prev. Research Insitute oft. Episcopal Health Foundation Rental-DSHS&MRC CommUNITY Cares Immunization Coalition Carter Blood Care Mobile Donation Misc. Non-Grants Farmers Market Medical Reserve Corps Total Revenues - Other Agencies 76,207 2s,908 76,820 45,400 3,450 62, ,933 $ 64,126 24, ,4-10 t,500 53, ,678 $ , qt.ioo I 7 r, ,167 qt,ioo t63,4-40 oo,irs 461,000 $ 346,325 Total Revenues 9,986,404 $ 10,135,786 $ 10,360,790 $ 9,943,446 Page 2

112 Personnel Services Salaries and Wages Employee Benefits FICA Pension Health lnsurance Life Insurance Dental Insurance Vision Insurance Worker's Comp Unemployment Total Benefits Travel, training and professional dur Meetings and awards Total Personnel Services Northeast Texas Public Health District Approved Annual Budget - FY 2019 Expenses Forecast FY 2017 Actual F'Y 2018 Amcnded Budset , ,05 r 5,176 55, r 6,648 $ 1,436, ,739 $ 7,033,529 5, , , ,294 $ 1,595,614 $ FY 2018 Projection 5.475, , , ,237 5,043 30, ,3 l8 1.s S l76.l9l FY 2019 Annual Approved Budeet 5, r , ,743, ,699 22, $ 7,321,283 $ 7,t78,t80 $ 7,403,146 This budget projects a one-time performance based payment of37o for employees to be paid on a seperate check in April 2019, ifapproved. Employee medical expenses include an increase of l5o/o and dental insurance expenses include an increase of l5%", effective March l, 2019' Page 3

113 Northeast Texas Public Health District Approved Annual Budget - FY 2019 Expenses Forecast FY 2017 Actual FY 2018 Amended Budeet FY 2018 Projection FY 2019 Annual Approved Budget Supplies Office Supplies Medical Supplies Lab Supplies Fuel Postage & Shipping All Others Total Supplies 160, , ,088 24,284 49,113 I 03,339 I I 1,950 87, ,500 22,90s 59,486 $ 461,695 $ 397,180 l 65, ,242 93,944 17,008 25,208 l0l, ,126 82, ,400 89,000 14,200 19,470 61,300 $ 368,373 Maintenance & Repairs Building Maintenance Equipment Maintenance I t,8t2 83, r.5r5 9,920 t38,477 8,r50 135,499 Total Maintenance & Repairs 95,564 $ 97,915 $ 148,397 $ 143,649 Contractual Services Komen Foundation BCCS Center lor Healthy Living Comm(INITY Cares EH Retail Standards Healthy Living Initiative Local Public Health Healthy Texas Babies Diabetes WIC Texas Healthy Communities PHEP/PHEP Discretionary Episcopal Health Foundation Computer Services Janitorial Services Contract Labor Telephone and intemet Utilities Equipment leases Space rental Advertising and printing Liability Insurance Accounting & Legal All Others Total Contractual Services 69,001 I 56,910 I 15,090 3, ,000 5 I,578 11, ,759 70, I 15,050 93, ,4s4 101,223 75, I ,81I ,849 28, ,4s9 $ 1,950,733 64, ,042 r60,000 73,675 15,000 5,000 12,000 7,634 45,000 14,500 4,030 68, ,500 l0l, ,242 t03,975 74, r , $ 2,089, , ,000 84, ,113 7,900 45, I 00 12,867 l,086 I,000 67,527 94,122 96, ,473 1t4,645 74, , ,589 29,819 29,694 75,414 2,039,492 60, ,042 I 14, ,500 33,258 s ooo I 2,000 60,000 I 1, ni+o 82,900 72, ,84s 95,785 71, , ,457 34,994 30, ,743 $ 2,048,991 Capital Outlay Office Equipment Phone System Lab Equipment Security Alarm Mobile Refurbish Vehicle Acquisition Contributed Mobile Unit Leasehold Improvements Total Capital OutlaY $ 176, ,270 $ ,7r5 $ 113,420 t9,976 5,930-75,000 75, ,350 $ 94,976 Total Expenses $ 9,717,791 $ 9,942,705 s 10,131,545 $ 10,059,135 Page 4

114 Northeast Texas Public Health District Approved Annual Budget - FY 2019 Expenses Forecast Salaries and Wages by Department Administration Public Information Offi cer Vital Statistics Environmental Health EH Retail Standards Lab Center for Healthy Living CommUNITY Cares CPRIT Diabetes Healthy Texas Babies Texas Healthy Communities Komen Comm. Worksite Wellness TCCCP BCCS WIC WIC Breastfeeding Local Public Health Services Immunizations TB EPI Programs PHEP Farmers Market Hypertension MRC Total Salaries and Wages FY 2017 Actual FY 2018 Amended Budqet ,995 86,82 r 347, I I 45, l I 1,380 6,5 l , , , , , r.107 8, , , ,208 39,51 l 38,857 t6.667 gs o ,146 12, ,582 2,518, , , ,033 62, , ,5-44 FY 20r8 Proiection ' ,197 44,',l95 268, t,333 I 5,5 l9 91,8l9 26,120 45,722 17,564 12,363 46,349 65,606 2,524,949 34s , ,933 63,470 I15, , FY 20t9 Annual Approved 2018 FTE's ffif Budeet 413, , ,050 25, ,813 63,435 27, ,350 53,640 21,250 4,008 41,459 66,234 2, , t09, ,832 1,800 Final FY Aporoved 5.2s r t l.l0 l.l r $ 5,405,062 $ 5,530,032 5,475,468 $ 5,489, l.2l Page 5

115 Northeast Texas Public Health District Approved Annual Budget - FY 2019 Estimated Working Capital Estimated Beginning Working Capital $ 3,564, Projected Change FY 2019 (115,689.00) Estimated Ending Working Capital $ 3,449, Page 6

116 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-9 Date: October 24, 2018 Subject: Consider approval of an Information Systems Facilities Management Interlocal Agreement with City of Whitehouse. Page: 1 of 1 Item Reference: Interlocal Agreement for Computer Support Services The City of Whitehouse and the City of Tyler have been in discussions for the provision of Computer Support Services to the City of Whitehouse. Representatives from both cities met this year and agreed on the required services. The Interlocal Agreement for the City of Tyler Information Technology Department to provide these services to the City of Whitehouse will become effective on October 29, 2018 for a one-year term for a total amount of $75,000 prorated per year and a possible renewal afterward. RECOMMENDATION: It is recommended that the City Council approve an Interlocal Information Systems Facilities Management Interlocal Agreement with City of Whitehouse. ATTACHMENTS: 1. Interlocal Agreement with City of Whitehouse Drafted/Recommended By: Department Leader Benny Yazdanpanahi Edited/Submitted By: City Manager

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130 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: B-1 Date: October 24, 2018 Subject: Request that the City Council consider making appointments to the Animal Care Advisory Board and the Tyler Public Library Board. Page: 1 of 1 Item Reference: Code of Ordinances, Article III, Sec e. Vacancies Annually, on August 31, approximately one-half of the terms of the City s Advisory Board members expire. Some are eligible for reappointment and others have served the maximum number of years (six years) and are ineligible for reappointment or do not wish to continue to serve, thereby creating a vacancy. At the time the majority of appointments were made, on September 26, the City had not received enough applications to fill all positons on some of the boards, therefore leaving a vacancy. Attached is the most recent list of members serving on the Animal Care Advisory Board and the Tyler Public Library Board, and applications from individuals who have expressed an interest in serving on these boards. RECOMMENDATION: It is recommended that the City Council consider making appointments to the Animal Care Advisory Board and the Tyler Public Library Board ATTACHMENTS: 1. Animal Care Advisory Board Roster and one (1) application. 2. Tyler Public Library Board Roster and one (1) application. Drafted/Recommended By: City Clerk Cassandra Brager Department Leader: Deborah Pullum, City Attorney Edited/Submitted By: City Manager

131 TYLER ANIMAL CARE ADVISORY BOARD 2 year terms (Created ) (Texas Health & Safety Code Chapter 823; Tyler City Code Chapters 1 and 10; Ordinance No , December 11, 2013; Agenda Item B-1, February 26, 2014) City Liaison: Shawn Markmann Single Member District Place * Chair Meets as needed. Required 3 times a year. Meet at TDC in Large Conference Room Board Member Mailing Address & Address Telephone Numbers Terms Completed Date Appointed Date Term Expires 1 Michael Maris (licensed veterinarian) 9065 Old Hickory Tyler, Texas Aggievet73@suddenlink.net 2 Jimmy Toler, Chief of Police H W M H Municipal official 3 Shawn Markmann, Animal Shelter Manager H W M West 4 Mallory Mazarakes Animal welfare organization 119 W Charnwood Street Tyler, Texas mortgagesbymallory@gmail.com H W M 5 Marjorie Ream Regular board member 4111 University Blvd. Tyler, Texas H W M East 6 Andrew Rodriguez regular board member P O Box 6100 Tyler, Texas arodriquez@texasbankandtrust.com H W M

132 7 Mary Ann Cliffordregular board member 6410 Boca Raton Ct Tyler, Texas H W M

133 TYLER ANIMAL CARE ADVISORY BOARD cont. 2 year terms (Created ) (Texas Health & Safety Code Chapter 823; Tyler City Code Chapters 1 and 10; Ordinance No , December 11, 2013; Agenda Item B-1, February 26, 2014) City Liaison: Shawn Markmann Single Member District Place * Chair Meets as needed. Required 3 times a year. Meet at TDC in Large Conference Room Board Member Mailing Address & Address Telephone Numbers 8 Todd Tutt H W M ttutt@asbtx.com Terms Completed Date Appointed Date Term Expires 9 Louis Tyler Junior College Representative H

134 Tyler Public Library Board 2 year terms (Created ) (Amended to 7 members ) (Revised Ordinance adopted ) (Amended ) (City Code Sec. 9-2) City Liaison: Meets last Wednesday of each month at 4:30 p.m., Tyler Public Library, Taylor Mary Vernau Auditorium Board Member Telephone Numbers Mailing Address & Address Single Member District Place * Chair Central 1 * Sharon Gullett 613 Spring Creek Tyler, Texas Sharon.gullett@gmail.com East 2 Marion Branum 2115 McDonald Rd. Tyler, Texas South 3 Brenda McWilliams 1012 Haden St. Tyler, Texas Bmc1105@gmail.com gmbranum@sbcglobal.net (filled unex term to 2014) Central 4 Mary Linehan 1505 W. Grande #403 Tyler, Texas Mlinehan13@earthlink.net N East 5 Alana Perdue 1001 ESE Loop 323, Suite 300 Tyler, Texas Dennisparnell1@gmail.com N. East 6 Toni Ferrell 1020 S. Chilton Ave Tyler, Texas Tonief4@gmail.com N. West No 7 Astilma Vargas 2607 Canton St. Tyler, Texas avargas@buckner.org Terms Completed Date Appointed Date Term Expires H W M H W M H W M H W M H W M H W H W M

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142 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-1 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to approve the use of Analytical Environmental Lab, of Tyler, Texas, Analab of Kilgore, Texas and Lower Colorado River Authority Environmental Laboratory Services of Austin, Texas as sole sources for certain testing services during Fiscal Year Page: 1 of 2 Tyler Water Utilities (TWU) submits numerous samples on a weekly basis to labs for water quality testing required by the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) and for internal use as quality control. Three of these labs are Analytical Environmental Laboratories (AEL) of Tyler, Ana-lab of Kilgore, and Lower Colorado River Authority (LCRA) Environmental Laboratory Services of Austin. AEL is utilized for TWU s rigorous Geosmin and MIB (taste and odor compounds) sampling and analysis program because they are the only local lab able to run these complicated analyses. TWU also uses AEL as a sole source because of their ability to provide fast turnaround on our internal disinfection byproduct sampling and analysis. This allows TWU to make timely and necessary adjustments to our treatment process and the water quality maintenance program in our distribution system. TWU utilizes Ana-lab because they are accredited by TCEQ for the sampling and analysis of our monthly water treatment plant sampling. LCRA analyzes our quarterly TTHMs and HAA5s for TCEQ as well as this year s EPA Unregulated Contaminant Monitoring Rule 4 (UCMR4) testing. Vendor Description of Items Sole Source Estimated Annual Expenditures Analytical Environmental Laboratories Analytical Testing on Geosmin/MIB and DBPs X $90, Ana-lab Corporation Monthly Water Treatment Plant Analyses X $25, Lower Colorado River Authority Environmental Laboratory Services FUNDING: Water Treatment Account Quarterly TCEQ Disinfection Byproduct Monitoring and EPA UCMR sampling and analysis X $23,000.00

143 Agenda Number: C-A-1 Page: 2 of 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve the use of Analytical Environmental Lab, of Tyler, Texas, Ana-lab of Kilgore, Texas and Lower Colorado River Authority Environmental Laboratory Services of Austin, Texas as sole sources for certain testing services during Fiscal Year Drafted/Recommended By: Department Leader Kate Dietz, P.E., Manager, Water Utilities Systems Edited/Submitted By: City Manager

144 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-2 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the purchase of the FY 2018/2019 Annual Firefighter Uniform Shirt and Pant order from Galls, through Texas BuyBoard #507-16, in the amount of $51, Page: 1 of 1 Item Reference: 2018/2019 Clothing Budget The Tyler Firefighters have requested 259 Workrite 100 percent Nomex Uniform Shirts and 280 Workrite 100 percent Nomex Pants (including hemming) for this year s uniform clothing requirements. Funds were budgeted for this order in the FY 2018/2019 Clothing Fund # The uniforms shirts and pants are being purchased through the Texas BuyBoard # The Texas BuyBoard is a purchasing cooperative developed to comply with state laws that govern entities, to make purchases from an approved list of vendors who have gone through a competitive pricing process to ensure the best value to the purchasing entity with a documented audit trail. Other vendors prices are as follows: MES - $56, FR Girls of Texas - $58, RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve the purchase of the FY 2018/19 Annual Firefighter Uniform Shirt and Pant order from Galls through Texas BuyBoard in the total amount of $51, Drafted/Recommended By: Department Leader David L. Coble, Fire Chief Edited/Submitted By: City Manager

145 LLS i Quote Customer: ( ) TYLER FIRE DEPT Page l of 1 Date: 09/23/2018 Quote Number: Sales Rep: ALECIA KIMBALL Quote Expiration: 12/22/2018 Sold To: Ship To: TYLER FIRE DEPT TYLER FIRE DEPT 1718 W. HOUSTON 1718 W. HOUSTON TYLER, TX TYLER, TX HAL WALKER HAL WALKER..., Your L1ne Item Descrlptlon Qty Reta11 price Ext Total l ZS781 NAV 38 S/S FIREFIGHTER SHIRT NOMEX IIIA , LAlll WP BADGE TAB REMOVAL EN5046 AC TYLER TX FIRE DEPT MXC BLK/GLD 219 /GRY/RED/GRN 1.3 EGOOBl ACOOOOOTX TX DEPT OF STATE HEALTH SVCS 219 EM MEDI TECH BLUE/RED/WHT 4.75 X 3 3/8 1.4 NSOOZ 1/2 IN NAMESTRIP MONOGRAM EN11162 NAV APPLIED CUSTOMER SUPPLIED NAMESTRIP NAVY 219 NOMEX IIIA MATERIAL CONTINUOUS ROLL 1.6 NSOOZ 1/2 IN NAMESTRIP MONOGRAM EN11162 NAV APPLIED CUSTOMER SUPPLIED NAMESTRIP NAVY 219 NOMEX IIIA MATERIAL CONTINUOUS ROLL 2 Z8778 NAV 32 OB 400NX7S NOMEX IIIA FIREFIGHTER PANT REG , A-CUT SLIM CUT ZA2330 NAV 38 REG SHIRT L/S NOMEX NAVY BLUE , Quote is valid for 90 days SUBTOTAL: 51, a Galls is required to collect sales tax on shipments to certain states. Sales tax will SHIPPING: TAX... be added where applicable. For tax exempt customers, state laws require us to have TOTAL 51, signed tax exemption or resale certificates on file at our office. If you are tax exempt, please or fax this information, to Tax@galls.com or fax (including your Galls account number) Export Restrictions This may contain commodities restricted in the United States International Trade Regulations Russell Cave Rd Lexington, KY Tel: FaX:

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149 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-3 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to approve purchasing goods through The Texas Smart Buy and Oklahoma Statewide Purchasing System, whereby the City of Tyler can take full advantage of purchasing any and all items available through these cooperatives. Also, request that the City Council consider authorizing the City Manager to purchase a paratransit bus and minivan through these cooperatives as shown below with the usage of Transportation Development Credits (TDC s) to offset the local match. Page: 1 of 2 Item Reference: City of Tyler has been participating in the usage of the various cooperative agreements and boards. The City is able to purchase specifically designated items through the pricing obtained by the cooperatives. This arrangement has benefited the City in several ways: 1. Lower costs for items through combined purchases. 2. Increased convenience by requiring less staff time for using the prices already available rather than having to go through the bidding process. 3. Receiving rebates at the end of the year. The contracts/pricing can be used to satisfy state law bidding requirements in the same manner as purchasing through the state price lists or other governmental entity lists that are available. Staff can compare the prices available and make recommendations that best suit the City s needs. Staff recommends participation in The Texas Smart Buy and the Oklahoma Statewide Purchasing System, which will allow staff to take advantage of cost savings in a more efficient and timely way. The fleet replacement program budgets for departments to replace their vehicles on a regular schedule, particularly those with mileage and/or maintenance cost expectations. Transit staff has researched bids with City specified options through the Texas Smart Buy and Oklahoma Statewide Purchasing System purchasing cooperatives and recommends awarding the chosen vendor:

150 Agenda Number: C-A-3 Page: 2 of 2 Replacement/ New Vehicle Description Cost Vendor Department Replacement (1) 2018 Low Floor Paratransit Minivan 5 Passenger and 1 Wheelchair $45, Creative Bus Sales, of Irving, Texas Contract #SW 797 Transit Replacement (1) 2018 Ford Starcraft Paratransit Bus 22 passenger and 2 Wheelchair $89, Creative Bus Sales, of Irving, Texas Texas Smart Buy Contract # 2068 Transit FUNDING is from the 5310 Grant Fund and Transportation Development Credits (TDC s). RECOMMENDATION: It is recommended that the City Council authorize the City Manager City Manager to approve purchasing goods through The Texas Smart Buy and Oklahoma Statewide Purchasing System, whereby the City of Tyler can take full advantage of purchasing any and all items available through these cooperatives. Also, request that the City Council consider authorizing the City Manager to purchase a paratransit bus and minivan through these cooperatives as shown below with the usage of Transportation Development Credits (TDC s) to offset local the match. Drafted/Recommended By: Department Leader Transit Manager Edited/Submitted By: City Manager

151 In Progress Date 9/25/2018 Quote no. BANK F291 CITY OF TYLER 414 N BOIS D ARC AVE TYLER TX Your ref. Quote PINNACLE 64T DAYCAB 2019 MODEL YEAR ENGINE/TRANSMISSIONS MP8-445C MACK RPM (PEAK) 1950 RPM (GOV) 1860 LB-FT, US'17 GREEN HOUSE GAS HIGHWAY APPLICATION MACK TMD12AFO mdrive 12 SP-(OVERDRIVE) ENGINE GOVERNOR TYPE MIN-MAX EXHAUST/EMISSIONS IDLE EMISSION CERTIFICATION, CARB (WITH DECAL LOCATED ON LOWER LH CORNER / DRIVER DOOR CLEARTECH ONE BOX E.A.T.S. RH SIDE UNDER CAB US17 DPF COVER, PAINTED STEEL DUAL VERTICAL OUTBOARD MOUNTED STRAIGHT EXH. STACK TURNED OUT END 11' 6" FROM GROUND 18.4 GALLON (70 L) 26" LEFT SIDE FRAME MTD PAINTED FINISH DEF TANK COVER EMISSION OBD, DISPLAY ONLY, USA2018 ENGINE EQUIPMENT 11" x 30" (279 mm x 762 mm) UNDER HOOD SINGLE ELEMENT DRY TYPE W/AIR INTAKE FROM BOTH SIDES OF HOOD BLACK ALUMINUM MOUNTED BEHIND GRILLE AND FRONT OF GRILLE MERITOR/WABCO 318 (18.7 CFM) DELCO 12V 130A (24SI) BRUSH-TYPE (3) MACK 12V 650/1950 CCA THREADED STUD TYPE CHEVRON FULLY FORMULATED COOLANT W/ NITRATES (50/50 MIX DYED PINK) TO -34DEG MACK COOLANT CONDITIONER BEHR FAN AND ELECTRONIC MODULATING VISCOUS FAN DRIV

152 In Progress Date 9/25/2018 Quote no. BANK F291 MACK MP8 POWERLEASH MACK W/MANUAL DRAIN VALVE (INTEGRAL W/PRIMARY FUEL FILTER) 1 BATTERY BOX (3 BATT CAPACITY) RH SIDE UNDER CAB MOLDED PLASTIC MACK BRAND EPDM RADIATOR & HEATER HOSES 12 VOLT DELCO 39MT-MXT OIL PAN FURNISH CAP RETAINER FOR OIL FILL & RADIATOR OVERFLOW TANK 120V 1500 WATT ENGINE BLOCK HEATER VEHICLE AND TRAILER (IF APPLICABLE) STOP LAMPS ACTIVATE UPON SERVICE BRAKE APPLICATION ONLY( ) CLUTCH/TRANS EQUIPMENT MACK mdrive-fleet SHIFTER ZF/SACHS SINGLE PLATE 17" (430MM) ORGANIC MATERIAL MERITOR RPL25HD W/PERMALUBE U-JOINTS MERITOR RPL20 W/PERMALUBE SYNTHETIC OIL IN TRANSMISSION MACK mdrive TRANSMISSION OIL COOLER MTD LH SIDE OIL TO WATER COOLER PROPELLER SHAFT MAIN, UNIVERSAL JOINT HALF-ROUND TYPE TRANSMISSION OUTPUT TORQUE BASIC HALF-ROUND UNIVERSAL JOINT ALUMINUM GRADE GRIPPER FRONT AXLE EQUIPMENT 14600# (6600 KG) MACK FXL14.6 STRAIGHT SPINDLE/UNITIZED BEARINGS MACK TAPERLEAF 14600# (6600 KG) GROUND LOAD RATING BENDIX NEXT GENERATION DRUM BRAKE, HEAVY DUTY 16.5 X 6 (9.65mm thick) CAST IRON FRONT BRAKE CHAMBER MANUFACTURER, ANCHORLOK HALDEX - AUTOMATIC FRONT BRAKE CHAMBER 24SQ INCHES (SERVICE) BASIC FERROUS STANDARD

153 In Progress Date 9/25/2018 Quote no. BANK F291 TRW THP60 POWER PETROLEUM/SYNTHETIC (50/50) OIL FRONT AXLE REAR AXLE EQUIPMENT 40000# (18100kg) MACK S40 CRDP150/151 AVAILABLE WITH OPTIONAL DRIVER CONTROLLED INTERWHEEL DIFFERENTIAL LOCKS, SEE 254 SYMBOL 3.56 RATIO SAL40 MACK AL-402 AIR 40000# CAPACITY (NOT FOR USE WITH AIR DISC BRAKES) 52" AXLE SPACING (BOGIE WHEELBASE) ELECTRICAL REGULATION LEVELING DEVICE AIR SUSPENSION DUMP, SPEED LIMITED, WARNING INDICATOR & BUZZER SHOCK ABSORBERS - OUTBOARD MOUNTED ON FORWARD AND REAR AXLES EACH SIDE TRANSVERSE TORQUE ROD - ALL AXLES BENDIX NEXT GENERATION DRUM BRAKE, HEAVY DUTY 16.5 X 7 (9.65mm thick) AUX SPRING BRAKE QTY, 4 CHAMBERS CAST IRON HALDEX - AUTOMATIC REAR SPRING BRAKE CHAMBERS 30/30 TYPE IRON PRESET REAR HUB W/INTEGRATED SPINDLE NUT PREMIUM SPINDLE NUTS, MAIN AXLE, INTEGRATED POWER DIVIDER LOCKOUT, W/BUZZER & LIGHT FACTORY OPTION LUBE - REAR AXLE HALDEX "GOLD SEAL" BRAKE CHAMBERS 4S/4M SYSTEM REAR WHEEL END SENSORS MACK ROAD STABILITY ADVANTAGE BENDIX ABS/ATC/ESP W/YAW CONTROL FRAME EQUIPMENT/FUEL TANKS 219" 56" STEEL - 300MM X 90MM X 9.5MM -- (11.81" X 3.54" X 0.37" ) FURNISH STANDARD (2) STEP CAB ACCESS OPTION STEEL FOR USE W/TAPERED & FLANGED FRAME ENDS (28 DEG) W/BUILT IN TAIL LAMPS FURNISH TAPERED & FLANGED FRAME RAIL ENDS (28 DEG) FOR USE W/BUILT IN TAIL LAMPS BETTS B60S (ANGLED) STAINLESS STL W/INTGRTD REFLECTIVE TAPE

154 In Progress Date 9/25/2018 Quote no. BANK F291 BLACK POLYARMOUR (NO NAME TO APPEAR ON FLAP) (NOT ANTI-SPRAY TYPE) FLUSH-STAINLESS CLAD ALUMINUM (2) CLEVIS 93 GALLON (350 L) 26" ALUMINUM ROUND BASIC FUEL LEVEL SENDER MOUNTED ON L.H TANK 93 GALLON (350 L) 26" ALUMINUM ROUND NYLON TUBE DUAL DRAW AND RETURN FUEL SYSTEM NON-LOCKABLE FUEL TANK CAP AIR/BRAKE WABCO 1200P W/TURBO CUT OFF VALVE, W/COALESCING OIL FILTER, HEATED MANUAL DRAIN VALVES, WITH LANYARD ON SUPPLY TANK ONLY ALUMINUM, STANDARD FINISH ALARM TO SOUND WHEN DRIVER DOOR OPENED & PARKING BRAKE NOT ON TWO (2) VALVE DUAL BRAKE SYSTEM - TRAILER SUPPLY AND TRACTOR-TRAILER PARK ELECTRICAL (5) TRUCKLITE LED CHROME BULLET TYPE LAMPS FOG LAMPS (ROUND) LED STOP & TAIL LAMPS W/BACKUP LAMP & LICENSE PLATE MTD IN TAPERED CROSSMEMBER TWO (2) EXTRA DASH MOUNTED ILLUMINATED SWITCHES PARK BRAKE AND ENGINE RUNNING ACTIVATED TRAILER CONNECTIONS SLIDING 5TH WHEEL MTG, 24" TRAVEL STEEL FIFTH WHEEL ANGLES 5TH WHEEL ANGLE, 10MM THICKNESS 50" BOGIESPREAD = -1" OFFSET, 52" BS = 0", 54" BS = 1", 55" BS = 1.5", 4x2 = 26" GLAD HAND COUPLINGS - NORTH AMERICAN STD HAND CONTROL VALVE FOR TRAILER BRAKES W/ AIR CONNECTIONS OR SERVICE BRAKES W/O AIR CONNECTIONS TRAILER AIR BRAKE CONNECTIONS, BACK OF CAB HOSE TENDER, POGO STICK (CHASSIS MOUNTED) SINGLE, 7 PINS STD SAE TYPE, BACK OF CAB TRAILER AIR HOSES (12 FT COILED TYPE) ELECTRICAL PLUG HOLDER (INCLUDES GLAD HAND STORAGE) TRAILER ELECTRICAL CORD (12 FT COILED TYPE)

155 In Progress Date 9/25/2018 Quote no. BANK F291 PTO PTO PUMP PROVISIONS FOR DIN 5462 (FRONT) AND FLANGE (REAR) SAE 1400 SPECIALTY EQUIPMENT CERTIFIED WEIGHT WITHOUT LIMIT SPEED SIGN RECOGNITION WITHOUT AUXILIARY TRANSMISSION WITHOUT AUXILIARY TRANSMISSION LOCATION CAB INTERIOR (A THRU G) BLEND AIR HVAC W/"ATC" TEMP REGULATION RED FLOOR LIGHTING W/SWITCH PLUS (4) DOOR LAMPS W/SWITCHES 5LB (ABC RATED/AMEREX) MOUNTED BETWEEN LH SEAT BASE AND DOOR WITH VALVE AIMED REARWARD POLYURETHANE FLOOR MAT W/POLYURETHANE INSERTS BOTH DRIVER & PASSENGER SIDES U.S. UNITS (PREDOMINANT) CAB INTERIOR (H THRU R) DEFAULT: ENGLISH, SPANISH, FRENCH CHASSIS KEYED AT RANDOM - 2 KEYS (2) STORAGE COMPARTMENTS AND NET RETAINERS W/CENTER MOUNTING FOR CB PROVISIONS PERSONALIZED NAME PLATE PREMIUM STEREO, AM/FM, CD-PLAYER, MP3, WEATHER BAND, BLUETOOTH, SIRIUS/XM SATELLITE 48" ANTENNA RIGHT SIDE MIRROR MOUNTED 48" ANTENNA LEFT SIDE MIRROR MOUNTED POWER LEADS (5-WAY BINDING POSTS FOR CB RADIO) IN HEADER CONSOLE SPEAKER LOCATION, IN DOORS, MIDDLE HIGH SIDE PANEL PROVIDE MOUNTING PLATE AND VELCRO STRAP IN HEADER CONSOLE REAR WINDOW (FIXED TYPE) EMERGENCY REFLECTOR KIT MTD PARALLEL & CENTERED AGAINST BOC STORAGE POUCH REAR CAB INTERIOR (S THRU Z) DRIVER'S SEAT - STEEL GREY VINYL / CLOTH MIX MACK-AIR, HIGH BACK, 4 CHAMBER AIR LUMBAR, BOLSTER, EXTENSION MACK-FIXED, HIGH BACK PASSENGER'S SEAT - STEEL GREY VINYL / CLOTH MIX

156 In Progress Date 9/25/2018 Quote no. BANK F291 SEAT, DUST COVER FOR DRIVER'S SEAT INBOARD MOUNTED ARM REST, DRIVER'S & RIDER'S SEAT LAP & SHOULDER (BOTH SEATS) CAB MTD SHOULDER BELT ADJUSTMT(NOT AVAIL W/EXTED RIDER SEAT) PREMIUM PACKAGE, STEEL GRAY (Package 12A) KEY TYPE 2 SPOKE LEATHER GRIP, SATIN ALUMINUM SPOKES, WITH SWITCHES TINTED WINDSHIELD & SIDE WINDOWS & REAR WINDOW (IF EQUIPPED) SUN VISOR - BOTH SIDES POWER WINDOW LIFT WITH ELECTRIC DOOR LOCK, LH & RH 2-PIECE WINDSHIELD 2 SPEED ELECTRIC MOTOR W/INTERMITTENT FEATURE CAB EXTERIOR PAINTED HOOD LATCHES (2) MACK RECTANGULAR SINGLE TRUMPET, CHROME PLATED STEEL W/SNOW SHIELDS SINGLE TONE BLACK GRILLE WITH AERO MIRRORS BULLDOG STYLIZED MIRRORS - LH & RH HEATED & MOTORIZED AND ILLUMINATED W/INTEGRAL CONVEX MIRROR WITH AERO MIRRORS RECT CONVEX ABOVE RH DOOR WINDOW SUN VISOR, EXTERIOR, STAINLESS STEEL 13" DEEP PEEP WINDOW ON RIGHT SIDE NON STG WHL POS. DEPEND BASIC FRONT WHEEL OPENING PREMIUM BL EXTERIOR CAB GRAB HANDLE, BL GRAB HANDLE RH INTERIOR WINDSHIELD POST BRIGHT FINISH (CHROME) GRILLE W/BLACK BACKGROUND WHEELS & TIRES LOW ROLLING RESISTANCE, BETTER FUEL ECONOMY 11R24.5 G BRIDGESTONE R283A ECOPIA 24.5x8.25 ALCOA ULTRA ONE ALUM DISC 10-HP; 11.25" BC, 5.73"INSET MACHINE CLEAN BUFFED-ALL WHEELS TWO FRONT TIRES & WHEELS LOW ROLLING RESISTANCE, BETTER FUEL ECONOMY

157 In Progress Date 9/25/2018 Quote no. 11R24.5 G BRIDGESTONE M760 ECOPIA (DRIVE ONLY) 24.5x8.25 ALCOA ULTRA ONE ALUM DISC 10-HP, 11.25" BC, 6.60" OFFSET MACHINE CLEAN BUFFED - ALL WHEELS EIGHT REAR AXLE TIRES & WHEELS DRIVE WHEEL STUDS LONGER LENGTH WHEEL NUT BASIC FINISH, REAR PROVIDE STANDARD VALVE STEMS AND CAPS PAINT SINGLE COLOR SOLID PAINT MACK WHITE (HIGH GLOSS) PAINT - CAB, URETHANE CLEAR COAT SAME AS FIRST COLOR - CAB SAME AS FIRST COLOR - HOOD BANK F291

158 In Progress Date 9/25/2018 Quote no. BANK F291 Total Factory Price (Model, Options, CA) $ 120, External Workshop WET-KIT & PLASTIC HALF FENDERS THIS TRACTOR IS QUOTED AS A COMPLETE UNIT INCLUDING ALL COST INCLUDING PARTS, LABOR, AND FREIGHT ASSOCIATED WITH THE UPFITTING OF A WET-KIT TO MEET THE REQUIREMENTS OF THE CITY OF TYLER. PURCHASE PRICE: $ 120, MO. DEPRECIATION: $12, / RESIDUAL VALUE: $108, MO. DEPRECIATION: $24, / RESIDUAL VALUE: $96, MO. DEPRECIATION: $36, / RESIDUAL VALUE: $84, MONTHLY COST: $1, Please note that all quoted prices exclude taxes unless stated otherwise. Yours sincerely Matt Miller CITY OF TYLER

159 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-4 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to extend the annual price agreement to the vendor listed for office furniture and equipment for one year beginning October 1, Page: 1 of 1 Item Reference: City Council Agenda Items: C-A-7, 9/12/12; C-A-4, 9/25/13; CA-8, 9/24/14; CA-8, 9/22/15; CA-5, 9/28/16, C-A-5, 9/27/17 For the following annual price agreement, the bid specifications allow for four, one-year contract renewals. The vendor has expressed an interest in renewing the contract for an additional year, agreeing to the terms and conditions set forth in the original bid, thereby avoiding cost increases. a. Bid No : On September 28, 2016, an annual price agreement for office furniture and equipment, to be used by all City departments, was awarded to Ables-Land Inc. of Tyler, Texas. Ables-Land Inc. has been satisfactorily fulfilling the terms of their contract. The tabulation sheets and vendor letter are attached for review. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to extend the annual price agreement to the vendor listed for office furniture and equipment for one year beginning October 1, ATTACHMENTS: 1. Bid No Annual Price Agreement for Office Furniture & Equipment tabulation 2. Ables-Land Inc. Request Drafted/Recommended By: Department Leader Sherry Pettit, Purchasing Manager Edited/Submitted By: City Manager

160 ATTACHMENT 1: CITY OF TYLER PURCHASING City of Tyler Bid # DATE OPENED & TABULATED August 23, 2016 BID TITLE: Office Furniture & Equipment for Fiscal Year VENDOR FY Awarded Vebdor - Ables-Land, Inc. Ables-Land, Inc. Dixie Paper Co., Inc. Moore North America No Bid ITEM QTY DESCRIPTION UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 5 HON10799NN $ $ 4, $ $ 3, No Bid $ FEL Keyboard$ $ $ $ No Bid $ GLB4736BKPB09 $ $ 2, Discontinued No Bid $ HON314CP-L $ $ $ $ $ $ 1, $ HON2091SR11T $ $ $ $ $ $ $ HON10741JJ $ $ 1, $ $ 1, No Bid $ HON1526N $ $ $ $ $ $ $ HON10734JJ $ $ 1, $ $ No Bid $ QRT363 $ $ $ $ $ $ $ HON10787RJJ $ $ 1, $ $ 1, No Bid $ HON10755JJ $ $ $ $ No Bid $ MLNCDT72CRY $ $ 1, $ $ 1, No Bid $ MLNCRDT72CRY $ $ 1, Discontinued No Bid $ MLNVSCABCRY $ $ 1, $ $ 2, No Bid $ QRT684S $ $ $ $ $ $ $ MLNCT72CRY $ $ $ $ $ $ 1, $ ICE65117 $ $ 3, $ $ 2, $ $ 4, $ BSXBS96T2M $ $ 2, $ $ 1, No Bid $ BSXRB48TN $ $ 1, $ $ No Bid $ HON2091SR11T $ $ $ $ $ $ 1, $ - TOTAL $ 28, $ 21, $ 10, $ - When comparing items that each vendor bid on, the totals were as follows: Ables-Land Inc - $6,841.05, Dixie Paper Co., Inc - $10, Discount % *See note Up to 75% 20% Catalog (Required) Yes Yes Yes Inv. Terms Net 30 Net 30 Net 30 2 Week Delivery Yes Yes Yes Bid on all items as specified/no substitutes Yes *See note *See note Online Ordering System Yes Yes Yes * FY Awarded Vendor - Ables-Land, Inc.: 20% discount on catalog, 40% discount on HON, Basyx, and Mayline * Ables-Land, Inc.: Up to 75% discount, Vendor did not bid on all items, Two items were discontinued * Dixie Paper Co., Inc.: Total was miscalculated - line item 15 and 20. Original quote was $16,641.80, Vendor did not bid on all items

161 ATTACHMENT 2:

162 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-5 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to approve an agreement with First Choice Cooperative and the National Intergovernmental Purchasing Alliance (NIPA), whereby the City of Tyler can take full advantage of purchasing any and all items available through the cooperatives and to award the purchase of office supplies for the fiscal year, October 1, 2018, thru September 30, 2019, to Office Depot of Fort Worth, Texas, through the NIPA contract. Page: 1 of 2 Item Reference: City Council Agenda Items: C-A-7, ; C-A-12, ; C-A-12, ; C-A-8, ; C-A 8, ; C-A 7, For several years, the City of Tyler has participated in the usage of the First Choice Cooperative agreements and is taking advantage of the National Intergovernmental Purchasing Alliance (NIPA), formerly The Cooperative Purchasing Network, contracts as well. The City is able to purchase specifically designated items through the pricing obtained by the cooperatives. This arrangement has benefited the City in several ways: 1. Lower costs for items through combined purchases 2. Increased convenience by requiring less staff time for using the prices already available rather than having to go through the bidding process 3. Receiving rebates at the end of the year Examples of the various items purchased are as follows: 1. Paper products 2. Auto parts 3. Janitorial products 4. Light bulbs 5. Graphic design services 6. Office supplies On April 13, 2005, the City entered into an agreement with First Choice, which allowed the City to purchase any and all commodities under First Choice price agreements when deemed in the City s best interest. By entering into a more inclusive agreement, the City is able to check with First Choice or NIPA on any items that are needed; and if the price available seems reasonable and comparable to past prices or prices on other bid lists, the City can then purchase through the cooperatives without having to conduct more formal bidding.

163 Agenda Number: C-A-5 Page: 2 of 2 The contracts/pricing can be used to satisfy state law bidding requirements in the same manner as purchasing through the state price lists or other governmental entity lists that are available. Staff can compare the prices available and make recommendations that best suit the City s needs. Additionally, as an added benefit to City employees, employees will also be allowed to purchase items from vendors using the First Choice price, which should result in direct savings to City employees in their personal purchases. The annual dividend generated by these employee purchases is refunded to the City of Tyler. To date, the City has received more than $476,437 in dividend refunds from First Choice. As a part of an on-going effort to reduce costs while continuing to obtain quality services and products, Purchasing obtained a list of office supplies, based on the City of Tyler s historical usages, and compared pricing with the NIPA cooperative contract. Competitive bids for office supplies have been received by NIPA, Office Depot being the successful bidder. The contract number is 13-23R. There is no administrative purchasing fee. Office Depot s pricing was lower through the NIPA contract. The NIPA contract is designed for city/government accounts and is processed for entities across the United States. Due to the combined purchasing volume, greater discounts are received. The City has entered into an interlocal agreement with NIPA whereby the City can purchase through their cooperative purchasing program. Supplies may be purchased on an as needed basis. This City Council Communication replaces the communication processed on the September 26, 2018 agenda, agenda item CA-7. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve an agreement with First Choice Cooperative and the National Intergovernmental Purchasing Alliance (NIPA) whereby the City of Tyler can take full advantage of purchasing any and all items available through the cooperatives and to award the purchase of office supplies for the fiscal year, October 1, 2018, thru September 30, 2019, from Office Depot of Fort Worth, Texas, through the NIPA contract. Drafted/Recommended By: Department Leader Edited/Submitted By: City Manager Sherry Pettit, Purchasing Manager

164 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-6 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to purchase unmarked vehicles from the lowest bidders and tractor trucks through The Interlocal Purchasing System (TIPS) as part of the Fleet Replacement Program for FY2019. Page: 1 of 2 Item Reference: The fleet replacement program budgets for departments to replace their vehicles on a regular schedule, particularly those with mileage and/or maintenance cost expectations. After meeting with the departments, Vehicle Services researched bids with City specified options through bids and The Interlocal Purchasing System (TIPS) and recommends awarding the chosen vendors: Purpose Vehicle Cost Vendor Department Replacement (2) Covert Vehicles $ 53, Undisclosed Police Lowest Bids Replacement (4) Mack Pinnacle 64T Daycab $ 482, East Texas Mack, of Longview Texas Sludge Treatment Less Trade-in Total ($ 394,000.00) $ 88, TIPS Contract # FUNDING: from budgeted monies in the Vehicle Services Capital Purchase Account for Motor Vehicles: FY2019. RECOMMENDATION: It is recommend that the City Council consider authorizing the City Manager to purchase unmarked vehicles from the lowest bidders and Tractor Trucks through The Interlocal Purchasing System (TIPS) as part of the Fleet Replacement Program for FY2019. ATTACHMENTS: 1. Covert Vehicle Bid Tally. 2. Quote from East Texas Mack.

165 Agenda Number: C-A-6 Page: 2 of 2 Drafted/Recommended By: Department Leader Stan Stoffregen Vehicle Services Manager Edited/Submitted By: City Manager

166 Vehicle 1 Bid Bidder 1 $ 27, Bidder 2 $ 28, Bidder 3 No Bid Vehicle 2 Bid Bidder 1 $ 26, Bidder 2 $ 26, Bidder 3 $ 26, Bidder 4 $ 26,138.86

167 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-7 Date: October 24, 2018 Subject: Request that City Council consider authorizing the City Manager to award Pro Tech Track & Tennis, Inc. of Tyler, Texas for resurfacing of all the tennis courts at Faulkner Park in the amount of $31,920. Page: 1 of 1 Item Reference: Staff received bids to furnish all necessary materials, equipment, superintendence, and labor for the Faulkner Park Tennis Courts resurfacing project. There were three overall bidders. Pro Tech Track & Tennis, Inc. - $31,920 MNCS LLC - $43,600 T Bar Fence & Tennis Courts - $49,000 RECOMMENDATION: It is recommended that Council authorize the City Manager to award the bid to Pro Tech Track & Tennis, Inc. of Tyler, Texas to furnish all necessary materials, equipment, superintendence, and labor for Faulkner Park Tennis Courts resurfacing in an amount of $31,920. Funding is Capital Outlay Park Improvements Drafted/Recommended By: Department Leader Russ Jackson, Parks & Recreation Director Edited/Submitted By: City Manager

168 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-8 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute the Reconciliation Change Order with Reynolds & Kay, Ltd for decreasing the total contract amount by $ and increasing the time for completion by 89 calendar days for the 2016 Runway 4-22 Rehabilitation Project 3 at Tyler Pounds Regional Airport. Page: 1 of 2 Item Reference: FAA AIP Project No ; Reconciliation Change Order On September 14, 2016, the City of Tyler awarded 2016 Runway 4-22 Rehabilitation Project 3, at Tyler Pounds Regional Airport, to Reynolds & Kay, Ltd., for a total project cost of $9,032, One change order to increase the contract was executed bringing the new contract total to $9,042, The amended final construction cost is $9,042, ($ under budget). A reconciliation change order was submitted by Reynolds & Kay, Ltd, stating the decrease in final construction cost, and increasing contract completion time by 89 calendar days. The added contract time includes additional work assigned to the contractor and time used to address punch list items. The overall contract was substantially complete within contract time. Contract Cost Detail: Amount: Construction Contract Amount $9,042, Final Contract Amount $9,042, Decrease $ Final Funding: Amount: FAA Funding from Grant 35 (90%) $8,138, Local Funds from the Half Cent Sales Tax Fund (10%) $904, Total $9,042, On October 1, 2018, the Airport Advisory Board considered this item and unanimously recommended that the City Council approve this request.

169 Agenda Number: C-A-8 Page: 2 of 2 On October 9, 2018, the Half Cent Sales Tax Board considered this item and unanimously recommended that the City Council approve this request. RECOMMENDATION: It is recommended that the City Council consider authorizing the City Manager to execute the Reconciliation Change Order with Reynolds & Kay, Ltd decreasing the total contract amount by $ and increasing the time for completion by 89 calendar days, for the 2016 Runway 4-22 Rehabilitation Project 3 at Tyler Pounds Regional Airport. ATTACHMENTS: 1. Reconciliation Change Order Drafted/Recommended By: Department Leader Davis Dickson, Airport Manager Edited/Submitted By: City Manager

170

171 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-9 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the release of escrow funds, in the amount of $163,462.87, for the Madison Apartments to Heritage Construction Co., Inc. Page: 1 of 1 Item Reference: Escrow funds in the amount of $155, were paid to the City in August 2008 in connection with the Madison Apartments development located off of Old Jacksonville Highway. Escrow was paid in lieu of constructing an extension of West Rieck Road. As of August 31, 2018, the value of escrow, including interest, was $163, On February 14, 2018, the City Council approved a revision to the escrow policy clarifying that escrow pertains to improvements that are associated with projects included in the 10-year Capital Improvements Program at the time of development. The street extension in question is not associated with such a project. As such, staff recommends releasing the full amount of escrow funds to Heritage Construction Co., Inc. RECOMMENDATION: It is recommended that the City Council authorize the release of escrow funds, in the amount of $163,462.87, for the Madison Apartments to Heritage Construction Co., Inc. ATTACHMENTS: 1. Location Map Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

172 The Madison Apartments Unimproved ROW for W. Rieck Road Escrow Release for the Madison Apartments Location Map

173 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-10 Date: October 24, 2018 Subject: Request that the City Council authorize the City Manager to release payment in the amount of $100,000 to the Jim and Dottie Hairston Family Partnership for the partial funding of a drainage structure over West Mud Creek Tributary M-11. Page: 1 of 2 Item Reference: City Council Agenda C-A-9, 9/14/16 The Jim and Dottie Hairston Family Partnership (developer) has been developing the Holly Heights Addition subdivision in phases for several years. The final unit to be developed included an extension of Dueling Oaks Drive and construction of a bridge over West Mud Creek Tributary M-11 in order to connect two existing units of the subdivision. The extension of the road and the bridge were not necessary for the development of the subdivision, as it had adequate access from Hollytree Drive. However, the City required the extension and the bridge to improve transportation circulation in accordance with the Master Street Plan. Section c. of the City Code of Ordinance allows for City participation in the cost of certain street and drainage improvements. Therefore, in September 2016, the City Council authorized the City Manager to enter into an agreement with the Jim and Dottie Hairston Family Partnership for development of the final unit of the Holly Heights Addition subdivision and to reimburse a maximum of $100,000 for the cost of the bridge. The original agreement stipulated $50,000 to be paid within 60 days of completion and $50,000 to be paid within 60 days of the beginning of the next fiscal year. Construction of the bridge is complete and was accepted by the City as of September 27, Staff has allocated half of the payment of $50,000 so that it would be paid from the FY17-18 budget. The remaining $50,000 will be paid from the FY18-19 budget. Funds are allocated in the Half Cent Sales Tax program and the agreement was approved by the Half Cent Sales Tax Board in September The Board will be asked to ratify both payments at the next scheduled meeting. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to release payment in the amount of $100,000 to the Jim and Dottie Hairston Family Partnership for the partial funding of a drainage structure over West Mud Creek Tributary M-11.

174 Agenda Number: C-A-10 Page: 2 of 2 ATTACHMENTS: 1. Location Map 2. Final acceptance letter for Dueling Oaks bridge Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

175 Location Map

176 Tyler Development Services 423 W. Ferguson Tyler, Texas Phone: (903) Fax: (903) MWWQW September 27, 2018 Reid Construction Company, Inc CR 166 Tyler, TX RE: Final Inspection of the Dueling Oaks Bridge improvements (constructed in conjunction with the Holly Heights Unit 9, Subdivision Improvements). Dear Mr. Reid: Final inspection ofthe Dueling Oaks Bridge Improvements (constructed in conjunction with the Holly Heights Unit 9 subdivision improvements) has been made by the Engineering Plan Review Department. These facilities are hereby accepted by the City of Tyler as completed subject to the maintenance agreement. The Contractor agrees to maintain, repair or reconstruct the project in whole or in part, for a period of twelve (12) months after receipt ofmaintenance bond, in the event of any failure due to defective materials or workmanship. Lastly, please submit as-built plans to this office at your earliest convenience. Sincerely, Engineering Plan Review Department Karl Seydler, P.E. Project Engineer cc: Developer: Hairston Family Partnership. Engineer: The Brannon Corp. Scott Taylor, P.E., Managing Director of Utilities and Public Works Inspector Duane Starling GIS Streets Engineering Traffic Engineering Fire Chief Police Chief Subdivision File

177 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-11 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute the first renewal option for a five year period from June 1, 2016 through May 31, 2021 for renewal of Civil Air Patrol (Non Profit) Lease at the current rates as set forth in the lease. Page: 1 of 1 Item Reference: Civil Air Patrol Non Profit Lease Renewal On November 3, 2011, the City of Tyler (City) entered into an original (Non-Profit) Lease with Civil Air Patrol (CAP), for a term of June 1, 2011 through May 31, The (Non-Profit) Lease provided for two (2), five-year period lease renewal options upon the expiration of the initial lease term and option terms at rates to be negotiated. The Lessee desires to exercise its first option, to renew the (Non-Profit) Lease for a five-year period from June 1, 2016 through May 31, 2021 at the current rates as set forth in the initial lease. Lessee has performed all of its duties within the lease and made notable investments and improvements in the leased facility. The CAP provides an important service to the Tyler area, including emergency support in natural disasters, such as floods, and search and rescue missions. CAP voluntarily uses their resources to meet emergencies, to educate the public, and to motivate young people to ideals of leadership and service through education and training. It is considered to be in the public interest to approve the (Non-Profit) Lease renewal. On October 1, 2018, the Airport Advisory Board considered this item and unanimously recommended that the City Council approve this request. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the first renewal option for a five year period from June 1, 2016 through May 31, 2021 at the current rates as set forth in the Renewal of Civil Air Patrol (Non-Profit) Lease. ATTACHMENTS: 1. Civil Air Patrol Lease Renewal Drafted/Recommended By: Department Leader Davis Dickson, Airport Manager Edited/Submitted By: City Manager

178 THE STATE OF TEXAS RENEWAL OF CIVIL AIR PATROL COUNTY OF SMITH (NON-PROFIT) LEASE THIS LEASE is made between the CITY OF TYLER, TEXAS, political subdivision of the State of Texas, (hereinafter "City"), and Civil Air Patrol, (hereinafter "Lessee"). W I T N E S S E T H: WHEREAS, on 9/01/1985 the City of Tyler previously entered into a (non-profit) lease with the Civil Air Patrol for a term of 9/01/1985 through 8/31/2005; and WHEREAS, Article IV of the 9/01/1985 lease provided the Civil Air Patrol the option to renew the lease for one five-year period upon expiration of initial lease term; and WHEREAS, The Civil Air Patrol desired to perform renovations and maintenance to the Jacob Building that is owned by the City of Tyler and wished to ensure that it had adequate lease term to enjoy said improvements; and WHEREAS, The Civil Air Patrol exercised its one five-year option to renew the 9/01/1985 lease one year early beginning September 1, 2004 through August 31, 2010 in order to begin maintenance as requested; and WHEREAS, on 11/03/2011 the City of Tyler entered into a (non-profit) lease with the Civil Air Patrol for a term of 6/01/2011 through 5/31/2016; and WHEREAS, Lessee desires to exercise its first option to renew (Non-Profit) lease, as amended, for the fiveyear period from June 1, 2016 to May 31, 2021; and WHEREAS, it is considered to be in the public interest to approve this amendment; and WHEREAS, on September 26, 2018, the Tyler City Council authorized the City Manager to approve this renewal; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: PART 1. That the term of the November 3, 2011 Non-Profit Lease, as amended, between the City of Tyler (City) and Civil Air Patrol (Lessee), is hereby extended for a term of five (5) years from June 1, 2016, through May 31, PART 2. That all other provisions and amendments of the November 3, 2011, Non-Profit Lease between CITY and LESSEE shall remain in full force and effect. W:\Contracts & Leases\Civil Air Patrol\Cap Lease Renewal

179 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed this day of, 20. CITY OF TYLER, TEXAS, LESSOR BY: EDWARD BROUSSARD, CITY MANAGER City Council approved: ATTEST: CASSANDRA BRAGER, CITY CLERK LESSEE BY: ATTEST: RECOMMENDED: AIRPORT MANAGER (Airport Advisory Board considered on and recommended approval/denial) APPROVED: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF SMITH This instrument was acknowledged before me on, 20, by, Lessee. Notary Public in and for the State of Texas CITY OF TYLER, TEXAS W:\Contracts & Leases\Civil Air Patrol\Cap Lease Renewal

180 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-12 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute the first renewal option for a five year period from July 1, 2016 through June 30, 2021 for Corporate Hangar/Operator Lease at the current rates as set forth in the lease for the Historic Aviation Memorial Museum. Page: 1 of 1 Item Reference: HAMM Corporate Hangar/Operator Lease Renewal The Historic Aviation Memorial Museum (HAMM) has been a leaseholder at Tyler Pounds Regional Airport since September On July 17, 1996, the City of Tyler (City) previously entered into an original Corporate Hangar/Operator Lease with HAMM, for a term of July 1, 1996 through June 30, The Lease provided for two (2), five-year period lease renewal options upon the expiration of the initial lease term and option terms at rates to be negotiated. The Lessee desires to exercise its first option, to renew the Hangar/Operator Lease for a fiveyear period from July 1, 2016 through June 30, 2021 at the current rates as set forth in the initial lease. Lessee has performed all of its duties within the lease and made notable investments and improvements in the leased facility. The HAMM pays tribute to the pioneers of flight and the patriots who were instrumental in the advancement of aviation during the 20th Century. HAMM accomplishes this through the collection, preservation and display of aviation memorabilia and aircraft for the education and benefit of the public. It is considered to be in the public interest to approve the Building Lease renewal. On October 1, 2018, the Airport Advisory Board unanimously recommended approval of this request. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the first renewal option for a five year period from July 1, 2016 through June 30, 2021 at the current rates as set forth in the Corporate Hangar/Operator Lease with the Historic Aviation Memorial Museum. ATTACHMENTS: 1. HAMM Corporate Hangar/Operator Lease Renewal Drafted/Recommended By: Department Leader Davis Dickson, Airport Manager Edited/Submitted By: City Manager

181 STATE OF TEXAS RENEWAL OF HISTORIC AVIATION MEMORIAL CORPORATE HANGER/OPERATOR LEASE COUNTY OF SMITH NORTH SIDE TERMINAL BUILDING; TYLER POUNDS REGIONAL AIRPORT WHEREAS, on July 17, 1996, the City of Tyler (CITY) previously entered into an original Corporate Hanger/Operator Lease (hereinafter Hanger/Operator Lease ) with the Historic Aviation Memorial Museum, (hereinafter Lessee ) for a term of July 17, 1996 through June 30, 2016; and WHEREAS, the Hanger/Operator Lease provides for two (2), five-year period(s) lease renewal options upon the expiration of the initial lease term and option terms at rates to be negotiated; and WHEREAS, Lessee desires to exercise its first option to renew the Hanger/Operator Lease for the five-year period from July 1, 2016 through June 30, 2021 at the current rates as set forth in the lease; and WHEREAS, Lessee has performed all of its duties within the lease and made notable investments and improvements in the leased facility; and WHEREAS, it is considered to be in the public interest to approve the Hanger/Operator Lease renewal; and WHEREAS, on September 26, 2018, the Tyler City Council authorized the City Manager to approve this renewal; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: PART 1: That the term of the July 17, 1996, Hanger/Operator Lease between the City of Tyler (City) and the Historic Aviation Memorial Museum, (Lessee) at Tyler Pounds Regional Airport is hereby extended for a period of about five (5) years from July 1, 2016 through June 30, PART 2: That all other provisions of the July 17, 1996, Hanger/Operator Lease between City and Lessee shall remain in full force and effect. W\Contracts & Leases\HAMM Lease\HAMM Hangar Lease Renewal

182 IN WITNESS WHEREOF, the parties have caused this document to be signed this day of, A. D., CITY OF TYLER, TEXAS LESSEE BY: BY: EDWARD BROUSSARD, CITY MANAGER HISTORIC AVIATION MEMORIAL MUSEUM Council approved: ATTEST: CASSANDRA BRAGER, CITY CLERK ATTEST: RECOMMENDED: AIRPORT MANAGER (Airport Advisory Board considered on and recommended approval/denial) APPROVED: CITY ATTORNEY W\Contracts & Leases\HAMM Lease\HAMM Hangar Lease Renewal

183 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-13 Date: October 24, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute the first renewal option for a five year period from January 1, 2016 through December 31, 2020 for Corporate Hangar/Operator Lease at the current rates as set forth in the lease for Bob L. Herd. Page: 1 of 1 Item Reference: Bob L. Herd Hanger Lease Renewal On February 22, 1995, the City of Tyler (City) previously entered into an original Corporate Hangar/Operator Lease with Bob L. Herd, for a term of January 1, 1995 through December 31, The Corporate Hangar/Operator Lease provided for two (2), five-year period(s) lease renewal options upon the expiration of the initial lease term and option terms at rates to be negotiated. The Lessee desires to exercise its first option, to renew the Hangar/Operator Lease for a fiveyear period from January 1, 2016 through December 31, 2020 at the current rates as set forth in the initial lease. Lessee has performed all of its duties within the lease and made notable investments and improvements in the leased facility. Bob Herd is in good standing at Tyler Pounds Regional Airport and is an asset on Tyler s airport. Herd has maintained the property in good condition and makes monthly rent payments in a timely manner. It is considered to be in the public interest to approve the Corporate Hangar/Operator Lease renewal. On October 1, 2018, the Airport Advisory Board considered this item and unanimously recommended that the City Council approve this request. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the first renewal option for a five year period from January 1, 2016 through December 31, 2020 at the current rates as set forth in the Corporate Hangar/Operator Lease with the Bob L. Herd. ATTACHMENTS: 1. Bob L. Herd Corporate Hangar/Operator Lease Renewal Drafted/Recommended By: Department Leader Davis Dickson, Airport Manager Edited/Submitted By: City Manager

184 STATE OF TEXAS RENEWAL OF CORPORATE HANGAR/OPERATOR LEASE COUNTY OF SMITH BOB L. HERD WHEREAS, the City of Tyler (hereinafter City ) previously entered into a Corporate Hangar/Operator Lease (hereinafter Lease ) with Bob L. Herd (hereinafter Lessee ) for a term of January 1, 1995, through December 31, 2015, for a acre tract of land, more or less, known as Tract 14-A at Tyler Pounds Regional Airport; and WHEREAS, the Lease was amended on March 10, 1997, to reflect revised airport rates, fees and insurance requirements, and to include an Exhibit B to the Lease; and WHEREAS, the Lease was amended on February 4, 2010 updating the measurements and legal description of the tract described in the Lease. WHEREAS, Lessee desires to exercise its first option to renew the Hanger Operator Lease, as amended, for the five-year period from January 1, 2016 through December 31, 2020 and WHEREAS, it is considered to be in the public interest to approve this Renewal; and WHEREAS, on September 26, 2018, the Tyler City Council authorized the City Manager to approve this renewal; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: PART 1. That the term of the January 1, 1995 Hanger Operator Lease, as amended, between the City of Tyler (City) and Bob L. Herd (Lessee), is hereby extended for a term of five (5) years from January 1, 2016, through December 31, PART 2. That all other provisions and amendments of the February 22, 1995, Corporate Hangar/Operator Lease between CITY and LESSEE shall remain in full force and effect. X:\City Council Agenda\Working Folder\CA13a Herd Lease Renewal doc 1

185 IN WITNESS WHEREOF, the parties have caused this document to be signed this day of, A. D., 20. CITY OF TYLER, TEXAS BY: EDWARD BROUSSARD, CITY MANAGER City Council approved: LESSEE BY: ATTEST: CASSANDRA BRAGER, CITY CLERK ATTEST: RECOMMENDED: AIRPORT MANAGER (Airport Advisory Board considered on and recommended approval/denial) APPROVED: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF SMITH This instrument was acknowledged before me on, 20, by, Lessee. Notary Public in and for the State of Texas X:\City Council Agenda\Working Folder\CA13a Herd Lease Renewal doc 2

186 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-14 Date: October 24, 2018 Subject: Request the City Council consider rejecting all bids submitted for the Instrument Landing System (ILS) Relocation, Bid No , and authorize Tyler Pounds Regional Airport (TPRA) to advertise the project again at a later date. Page: 1 of 2 Item Reference: Bid # The Federal Aviation Administration (FAA) and Airport staff have worked to plan future projects for the Airport in accordance with the Airport Master Plan. A recommendation in the Master Plan and recent runway pavement assessments was to reconstruct Runway 4/22 and relocate the Instrument Landing System (ILS) and related facilities from runway 13/31 to runway 4/22. On September 13, 2018, the FAA offered AIP Grant No In preparation for receiving this grant, Tyler Pounds Regional Airport requested bids for the civil construction portion of the project. Bids for the ILS Relocation were received on September 13, 2018 through the competitive bid process under Bid No Two bids were received as follows: Vendor Bid Eutaw Construction Company, Inc. $2,864, DACO Construction Co., Inc. $3,142, The lowest bid received was considerably more than the budgeted amount of $2,302, Value engineering and more time for bidding may result in more competitive pricing and is necessary to potentially reduce the construction cost for the ILS relocation project. The FAA also identified additional equipment and supplies that must be added to the construction contract. The FAA recommended that the project should be re-bid. Therefore, the airport staff and project engineer recommend rejecting all bids received for Bid Number and advertising the project again at a later date. FUNDING: FAA AIP Project No

187 Agenda Number: C-A-14 Page: 2 of 2 RECOMMENDATION: It is recommended that the City Council reject all bids submitted for the Instrument Landing System (ILS) Relocation, Bid No , and authorize Tyler Pounds Regional Airport (TPRA) to advertise the project again at a later date. ATTACHMENTS: 1. Bid Tab Drafted/Recommended By: Department Leader Davis Dickson, Airport Manager Edited/Submitted By: City Manager 2/24/15 **Form 1-13** Page 2 of 2

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