10/2/08
Question:
I caught a taxi early today from a garage. When the driver pulled up in front of my home she added a surcharge to the amount on the meter.  Is this legal?
Answer:
According to the City of Tyler Legal Department, State law, at Texas Local Government Chapter 215, mandates that municipalities regulate taxicab transportation services.  However, the State law also provides that municipalities may regulate rates.  In the past, the City Council has elected to regulate taxicab rates to ensure reasonable rates for the public.  

Taxicab rates are set forth in City Code Section 17-140.  This section was amended by the City Council on March 8, 2006 to allow a taxi service operator to charge a $0.50 cent surcharge per trip when gasoline prices rise above $2.25.  Another $0.50 surcharge per trip can be charged when prices rise above $2.50 per gallon.  Lastly, an additional $0.50 charge for every $0.50 per gallon increase over $2.99 can be charged.  These surcharge provisions are located in City Code Section 17-140.a.5.

10/1/08
Question: 
Do you know if there is a way to find out if there have been any people infected with the West Nile Virus in Tyler?
Answer:
According to the North East Public Health District, Tyler has had one case confirmed this year. The case was reported July 31, 2008.  They coordinated with Animal Control and extra mosquito spraying was completed in that area.

10/1/08
Question:
Several years ago they replaced the Old Troup Hwy behind Crown Motors and all the way to the loop behind Super One and the old Wal-Mart.  The road is bad in several areas between the Cement Companies and Crown Motors. They keep patching it and it keeps getting worse. They need to dig it out and put down the foundation and then pour a new road. It is really bad and the cement trucks keep making it worse. Would you please check on this?
Answer:
I checked with the City Engineer who oversees the Street Department.  He said that his Department is responsible for the maintenance of all City-owned streets. He will have a representative from the Street Department look specifically at this stretch of roadway and will produce a plan of action.

Thank you for bringing this to my attention.

9/25/08
Question:
Whenever visitors come to Tyler for the first time, we always take them through the Azalea District, as it is really the only place to show off the City's true heritage and uniqueness.  It seems on the fringes of the AD, however, some properties are looking way out of code, and almost becoming slum areas.  Does the city have any plans for cleaning and preserving the beauty of this part of Tyler's history? 
Answer:
Absolutely!  As part of the Tyler 21 planning process, it became very clear that the citizens of Tyler wanted stronger enforcement of City codes related to property maintenance.  In response, earlier this year, the City launched the Proactive Code Enforcement (PACE) program.  The program focuses on public education and consistent enforcement of City codes.  We have hired several code enforcement officers and are providing education to residents about how they can abide by City codes.  We are committed to enforcing those Codes when a problem arises.

Code enforcement officers respond to not only complaints called in by residents but also infractions that have been proactively found by the City Employee Code Enforcement Task Force and the citizen task force called Code Rangers. City employees who work in the field, such as Park crew leaders, engineers and City marshals, were trained in code enforcement and help patrol their assigned zone within the City of Tyler. Interested citizens can also be trained and report violations.  In the area you are referencing, residents have recently formed a Brick Street Neighborhood Watch group and are actively reporting violations to the Code Enforcement Department.

If you can provide specific addresses where you believe there are violations, then the officer assigned to that zone can resolve the issues.

Thank you so much for your interest in Tyler's neighborhoods!

9/23/08
Question:
Why won't the Street Department sweep the streets in a gated community? The city collects garbage and reads water meters in these communities and does not have a problem collecting taxes.
Answer:
To answer your question, when a developer decides to gate a neighborhood and make the streets inaccessible to the general public, the streets no longer belong to the City and are not maintained by the City. This is one of the drawbacks of gating a neighborhood; however, many homeowners feel that the benefits outweigh the costs. Although the City does not sweep the streets in gated neighborhoods, it is recommended that your Home Owners' Association arrange for them to be swept as this is an important part of preserving and maintaining your street surface and complying with the City's Stormwater Management Ordinance.

9/19/08
Question:
I am a new member of the Tyler community and as a new mom, small business owner, and wife of a Tyler Police Recruit, I just wanted to say thank you. I don't know how often you get compliments, but Tyler is a beautiful community with great events and people. I am excited about raising my family here and becoming involved with the community.
Answer:
Thanks so much!

9/18/08
Question:
Is it true that FEMA will only reimburse the city 75% of the cost of housing, feeding and so on of the Ike evacuees?
Answer:
The Mayor and City Manager have been assured that we will be reimbursed for 100% of the costs to the City. This reimbursement will most likely come from FEMA and the State.  The food, supplies, etc. are state resources and we are not paying for these; they are sent to us for distribution in the shelters. The primary "cost" to the City is overtime for our staff, transit services, police and fire. There are, of course, other costs, which we are tracking closely for submission for reimbursement.  We have set up special codes in our accounting system so that we are capturing our costs. 

9/15/08
Question:
What is going on with the evacuees in Tyler?
Answer:
For the latest information on the Hurricane Ike, please visit HURRICANE IKE.

9/15/08
Question:
Twice this week roofers repairing a hail damaged roof caused leaks in the natural gas lines in our attic. There are no City codes preventing gas lines from running next to roof decking where nails can make. How can we get this code changed?
Answer:
Thank you for bringing this to our attention. The City of Tyler is currently operating under the 2006 International Building Codes for new construction. This includes the Fuel Gas Code and Plumbing Code. While the code does require protective shield plates where piping is installed through bored or notched framing members, it does not require protection for gas lines in the space between the top plate and the roof. The code also requires that roofing fasteners are long enough to penetrate the roofing material and at least 3/4" into the deck material. Since the most common decking material is 1/2" composite wood sheathing, the top plate of the wall is the space that can result in line punctures by roofing contractors unless they take extra care to avoid them.

During the construction of a new home, these incidences are caught because of the requirement to pressure test gas and refrigerant lines. In your case, there was no requirement to pressure test the gas line following a roof repair, although it may have been a good idea. Ultimately, the responsibility to avoid this type of damage lies with the contractor. We can certainly look at adding a local amendment to the adoption of the building code that addresses this problem in the future. We will be happy to suggest this change to our proposed local amendments as we begin looking at adopting the 2009 International Building Codes.

Continental Connection has also made many changes. They will be discontinuing their services in San Angelo, Abilene and Texarkana. Tyler however is a very strong city for Continental and they indicate that schedules will be maintained in Tyler. GOOD NEWS!

The City of Tyler understands the problems faced by the airlines and we have remained sensitive about conditions in the airline industry. Airline rents and fees have remained unchanged at Tyler Pounds Regional Airport since 2005. We also worked very hard to secure a grant to market airline services in Tyler. The airport saw a 20% increase in passenger boardings during this effort. With support from the Federal Aviation Administration, the airport also acquired new passenger jet bridges to reduce airline ground handling costs and enhance passenger comfort while loading and unloading from the aircraft. Additionally we recently renewed an airline incentive program to promote airline growth in Tyler.

We received other good news last month from TXDOT. The TXDOT Aviation Division polled airports throughout the state to determine interest in supporting an intrastate airline service initiative. While this program is only being considered by TXDOT, Tyler was eager to show interest in this proposed program and stands ready to participate in the feasibility evaluation.

Also, as you probably know, earlier this year, the Tyler Pounds Regional Airport was named the FAA's Airport of the Year due to exemplary management and safety.

We appreciate your interest in good air service in Tyler and I agree that it is crucial for our area.  We will continue to look for innovative ways to enhance service in Tyler.

City Code Section 4-90.a. provides that a noise is unlawful if it offensive to persons in the vicinity, and substantially impairs the enjoyment of public or private property. The Municipal Court Judges usually look for an unusual type of noise (level of volume/time of day/continuous in nature, etc. are all factors) that has a more serious effect than normal (person can't sleep, can't watch television, can't enjoy conversation or reading, etc.) on persons in the vicinity.

8/27/08
Question:
Have you ever thought about having meeting at night so working folks could come?
Answer:
The City has a longstanding history of conducting City Council meetings at the current time. However, the meetings are also aired on My Tyler TV on Suddenlink Channel 3 at 7 p.m. on Sunday, Monday, Wednesday and Friday. In the next couple of months, the meetings will also be available for viewing on our website.

There are many ways other than attending the meeting that you can provide input. If you have access to the internet, you can use the City Council Connection link on the bottom of each Council Member's web page to send an email with your opinions on any Council item. You can also send emails to the City Manager and City Manager Designate from their web pages. If you do not have access to the web, a phone call or letter can be as effective.

Regardless of the variety of public forum you may wish to use, the City prides itself on a prompt response to you, our customer and citizen.

The officer does not live in that neighborhood so it is hard for the officer to issue the citation if the dog is barking because they must prove that the dog "makes any noise which by its character, volume, or repetition is offensive to persons in the vicinity". Most likely the noise will not be bothering the officer. Thus, the need for the complaining party to sign the complaint.

The officer's vehicle who was assigned at this intersection is equipped with a video camera. I watched the video of your husband's violation. Your husband's truck was traveling north bound on S. Broadway. He made a left turn and was the last vehicle in the group. The spotter reported that when the light turned red your husband's truck was two vehicle lengths from the designated stopping point (that is two lengths before entering the intersection). In Texas if you legally enter the intersection on green or yellow you can legally leave the intersection. You cannot enter the intersection on red which is what was reported by two officers.

As far as the fine goes your husband has several options including taking defensive driving, he should contact the court if he is interested in this option."

7/31/08
Question:
I would like to know if organized fighting and or boxing is permitted if it is on private property and if so how should this be set up to be legal or at least within the laws within Smith County?
Answer:
According to the Police Department public information officer, as long as everyone is a willing participant and no gambling is involved, it is legal. Also, he said that if they charge to watch a fight, then they would need to comply with all public regulations.

7/30/08
Question:
I used to regard the prohibition on buying beer and wine within the city limits as an annoying but relatively small price to pay for living in such a nice city. However, now that gas is $4 a gallon, road congestion is an increasing problem, and air quality is a growing concern, I feel the costs associated with maintaining this provincial practice far outweigh the perceived benefits. There's also the lost sales tax revenue to consider. Would you be willing to support the sale of beer and wine in at least one of the precincts within the city limits?
Answer:
Elimination of the remaining restrictions on the sale of alcohol in the county needs to be a citizens’ initiative and the City’s role needs to be after the fact. Changes in the liquor laws, if desired, should be determined only through grassroots initiative.  As mayor, I will support the wishes of the citizens of Tyler; but growth and development should never compromise our quality of life.

The City recognizes and appreciates your comments regarding the convenience of having local sales of beer and wine, as well as the tax revenue. Traditionally, the City’s approach to the sale of alcoholic beverages has been to rely upon the citizens of Tyler in making such decisions.  For example, the recent option election for on-premise consumption was initiated by private citizens and ultimately approved by the voters, without the City taking an active role in the process.  Since adoption of local option, however, City Staff has worked closely with permit applicants to make the application process work as quickly and smoothly as possible.

With regard to the sale of beer and wine for off-premise consumption, the City would again defer to the public in initiating the election process for approving beer and wine sales for off-premise consumption, as well as its ultimate approval. If approved by the citizens, however, the City would make every effort to ensure timely and proper implementation.   

If you have specific questions regarding the Texas Alcoholic Beverage Code and its requirements, you may wish to contact Mr. Malone at the local office of Texas Alcoholic Beverage Commission.  Mr. Malone may be reached at (903)597-7388.

7/30/08
Question:
About six weeks ago I called to see about having our trash container replaced because the lid is broken. I was assured it would be accomplished. Since that time I have called at least twice and asked the collection people to see about having it replaced. With every telephone call I have been assured that this will be accomplished but six weeks is long enough. What does it take to have my simple request answered?
Answer:
My understanding is that your cart will be replaced today.  We sincerely apologize for the delay as the Solid Waste Department truly prides themselves on delivering exemplary customer service. 

Apparently we ran out of 48-gallon carts and the new truckload was not delivered until June 27 (four weeks ago). We also ran out of recycling carts and the new ones arrived the week of July 4. By the time the carts were in our inventory, we were bogged down with cart delivery requests and we had made assurances that were difficult to fulfill; to put it mildly.

We tried to automate the cart delivery process with less than satisfactory results.  At the end of last week, we had 78 work orders dealing with repairing, replacing or delivering carts that were approximately four weeks old.

We can only apologize for this situation. By quitting time on Saturday, we should have all work orders complete. We are currently reviewing every aspect of our delivery process to ensure better service in the future.

The plan calls for the repurposing of the current Field One at the Faulkner Park baseball complex.  The field will ultimately be divided into three softball fields for league play with one field being a premier field and two additional fields adjacent.  Construction is expected to begin as early as next week on the first and second of the three new fields.  The third field will likely be constructed next fiscal year unless private contributions allow for construction earlier.

The existing Field One has very little consistent use and presents the most cost effective solution to meeting the needs of the softball league.  Existing infrastructure and lighting will be used at the new fields. To read more about the plan, please follow this link: softball.

At the location you referred to in your email, the intersection is over capacity and the side street is undersized. The side streets get seriously oversaturated and the ACS wants to take time from Broadway to help the side street. We looked into Rica and Broadway and found the ACS was taking too much time from Broadway. We have adjusted the settings on the ACS to not take time from the through movements on Broadway.

We are continually monitoring the system and making adjustments.  Traffic in Tyler is an ever-changing situation that will need to be addressed in many ways including adding additional routes, using technology, encouraging carpooling, use of transit, trip planning, etc.

7/18/08
Question:
Does the City have red light cameras or plans to install them?
Answer:
It has been considered; however, is not currently in place.  There are restrictions placed by the State that make implementation more complicated than it appears on the surface. 
7/17/08
Question:
I have a piece of property specifically noted in the Tyler 21 study, but, have not been able to get any assistance from the City in developing the new business currently being developed for that area. (corner of Broadway and MLK Blvd.) As we all know, there is an economic explosion occurring everywhere but on the North side of town.
1. What can/will the City do to assist me and other small businesses in North Tyler?
2. What are your plans to aid/increase economic development in that area?
Answer:
Thank you for your recent email regarding development in north Tyler. As part of the Tyler 21 planning process, an entire chapter was dedicated to north end revitalization (Chapter 5). You can read the chapter in its entirety by going to www.cityoftyler.org and following the links to Tyler 21. You can also follow this direct link Tyler 21.

Since the adoption of the plan in November 2007, several significant steps have been taken to move the plan forward. Most notably, the City Council voted to begin steps to create a Tax Increment Financing District in north Tyler. This district would allow for incremental increases in property tax revenue to be directly reinvested back into the district. Another exciting development is the issuance of a $5 million utility bond in March 2008. This utility bond funding has allowed several projects that will spur growth in north Tyler to move forward. For example, 12 inch water and 8 inch sewer infrastructure will be extended north along US 69. At this time, there are no other specific incentives available. 

Please stay tuned as we continue to work to promote development in all areas of Tyler.

7/17/08
Question:
The city of Tyler voted that there must be 12 trees standing per acre. Why did they clear-cut all the trees on the northeast corner of Grande and Old Jacksonville?
Answer:

Use of a signal of this type was one of the recommendations that came out of the Tyler 21 Traffic Subcommittee because studies have indicated that the use of this type of signal phasing decreases congestion as well as critical crashes.

A comprehensive seven year study undertaken by the National Cooperative Highway Research Program (NCHRP)(Project 3-54) found that the FYA was the best overall alternative to the circular green as the permissive signal display for left-turn movement.  Additionally, drivers experienced less confusion resulting in fewer crashes because there is a clear distinction between when motorists are protected from oncoming traffic and when they must yield to oncoming traffic.

Research conducted by the University of Massachusetts with assistance from the Texas Transportation Institute shows that drivers make better decisions with the Flashing Yellow Arrow signals.  When drivers make a mistake deciding when to turn, it is more likely that there will be a collision with the traditional green ball than with the FYA signal.

In addition, the FYA signal is beneficial when coordinating signals in a system.

Just a reminder, the FYA left turn phasing indicates the following:

• Red Ball = STOP!
• A Solid Yellow Arrow = Warns drivers that the left-turn signal is about to turn red and they should prepare to stop, or complete the turn if they are in the intersection.
• A Flashing Yellow Arrow = Turns are permitted, after yielding to oncoming traffic and pedestrians.  (Oncoming traffic has a green light.)
• Green Arrow = Safe to turn left.

With regard to recent developments, a new convention/meeting space is planned as part of a four-star hotel at the proposed Lake Bellwood Resort.  And, as part of the development of the new clubhouse at the Cascades, a 1200 person venue for events and meetings will become available. The East Texas Fair Association is also discussing a new multipurpose facility as part of their new project site off of Hwy 31.  

UT Tyler also brings in quality entertainment each year and the UT and TJC sports programs continue to grow in national rankings.

In summary, there are many wheels turning on all of these items by various proponents, and there is certain to be more updates on these and other initiatives as our community continues to grow.

In 2005, the City met with the Tyler Bicycle Club and identified non-state highway corridors that the City maintains that would be good choices for bicycle lanes once they are widened. We designated these corridors on the Master Street Plan. Several streets under design or construction right now will feature exclusive bike lanes. Old Omen Road widening (under construction), New Sunnybrook extension (under design), Lake Placid widening (under design), and the extension of Towne Park Drive (under design) all feature dedicated bike lanes. In addition, our off-street Hike and Bike trail extension from Rose Rudman south to Grande is under construction now.

Each year during the budgeting process, a determination is made whether to recommend an adjustment to the property tax rate. This recommendation is based upon many, many factors, including projected sales tax revenues and expenses. The reduction in the tax rate has in large part been due to a declining debt obligation and tax supported debt has now been eliminated. Now the tax rate and associated levy go entirely toward paying operation and maintenance expenses.

With the rising cost of fuel and many other products and services, as well the continuing growth of our City and costs of implementing Tyler 21 priorities, there will definitely be pressure on the City's property tax rate both now and in future years in order to keep a responsible balanced budget. Still, just as our residents are tightening their belts, the City will continue to look for efficiencies and ways to cut back without significantly impacting service levels before passing on fee and rate adjustments. This decision will be revisited each and every year.

The City Manager will be presenting the Proposed FY2008-09 budget in early August for our next fiscal year that begins October 1st.  Residents are encouraged to comment and make suggestions regarding rates, fees and service levels tentatively programmed. A public hearing will be scheduled to create an opportunity for public input. The Proposed FY2008-09 Budget will also be placed on the City's website after initial presentation to the Council on August 13th.