CITY COUNCIL AGENDA. Wednesday, May 9, :00 a.m.

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1 CITY COUNCIL AGENDA Wednesday, May 9, :00 a.m. CITY COUNCIL Martin Heines, Mayor Linda Sellers, District 1 Darryl Bowdre, 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, May 9, :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 a. Consider approval of the Minutes of the Regular Called City Council Meeting from March 28, b. Consider approval of the Minutes of the Regular Called City Council Meeting from April 11, ZONING Z-1 Z ALEJANDRA SIBUL RODRIGUEZ (2622 HUGHEY DRIVE) 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. MISCELLANEOUS M-1 Request that the City Council consider setting May 16, 2018 as the date for a special called meeting to canvass the returns of the City Council Election held May 5, M-2 Request that the City Council consider authorizing the City Manager to award the construction contract for the 2018 Community Development Block Grant-Harmony Street curb and gutter project to the low bidder, South Texas Illumination, LLC, in the amount of $43, M-3 Request that the City Council consider authorizing the City Manager to execute a Sponsored Research Agreement, in the amount of $186,469, with The University of Texas at Tyler for the Tyler Bike Stripes project as part of a Texas Department of Transportation Grant. M-4 Request that the City Council consider accepting a report regarding the workers compensation, property and casualty claims, and lawsuits from January 1, 2017 through March 31, 2018, and ratify all claim payments and settlements. 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.)

4 C-A-1 C-A-2 Request that the City Council consider authorizing the City Manager to execute a Release and Termination of Easement for Street Purposes at Martin Luther King, Jr. Boulevard and Gentry Parkway. Request that the City Council consider authorizing the City Manager to utilize tourism contingency funds and ratify staff action to replace the Rose Garden Center air wall in the amount of $37, CITY MANGER S REPORT EXECUTIVE SESSION Executive Item No. 1: Under Texas Government Code Section "Litigation" deliberation regarding the following: 1. 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 ADJOURNMENT

5 MINUTES OF THE REGULAR CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS March 28, 2018 A regular called meeting of the City Council of the City of Tyler, Texas, was held Wednesday, March 28, 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: Don Warren Linda Sellers Darryl Bowdre Ed Moore John Nix Bob Westbrook City Manager: City Attorney: Deputy City Attorney: Assistant City Attorney: Chief Information Officer: City Fire Chief: Police Chief: Managing Director of Culture, Recreation and Tourism Services: Director of Solid Waste & Transit Services: Vehicle/Equipment Services Manager: Managing Director of Planning & Economic Development: Water Business Office Manager: Managing Director of Utilities and Public Works: City Clerk: INVOCATION Edward Broussard Deborah G. Pullum Steve Kean Regina Moss Benny Yazdanpanahi David Coble Jimmy Toler Stephanie Rollings Russ Jackson Leroy Sparrow Heather Nick Jim Yanker Scott Taylor Cassandra Brager MINUTES AWARDS The Invocation was given by Councilmember Bowdre. Consider approval of the Minutes of the Regular Called Meeting of the City Council of the City of Tyler, Texas on February 14, Motion by Councilmember Nix; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. A-1 Request that the City Council recognize the following employees for their years of service and commitment to the City of Tyler. At this important milestone, we express our sincere

6 March 28, 2018 appreciation for your dedication and for the special contribution you make to our organization. They represent 275 years of service with the City of Tyler. Service Awards Date of Hire First Name Last Name Title Department 1/2/1998 Matthew Houk Firefighter X Fire 3/11/1998 Wendell Gardner Police Sergeant III Police 3/9/1998 Beverly Mullenax Senior PS Telecommunicator II Police 3/11/1998 William Moore Police Officer X Police 3/23/1998 Gene Lewis Commercial Sales Solid Waste 1/5/1998 Emerson Jasper Police Officer X Police 1/26/1998 Diane Ballard Identification Technician Police 1/18/1993 John Weaver Police Officer XII Police 1/14/1988 Gregg Roberts Police Officer XII Police 1/14/1988 Bart Lemon Police Officer XII Police 1/25/1988 Cindy Jackson Cataloging Specialist Library Years of Service A-2 Request that the City Council consider recognizing a City employee as the Blueprint Blue Ribbon Award winner, for placing the highest premium on responsiveness to citizens needs. Russ Jackson presented Leroy Sparrow with the Blueprint Blue Ribbon Award winner, for placing the highest premium on responsiveness to citizens needs. A-3 Request that the City Council consider recognizing a City employee as the Blueprint Blue Ribbon Award winner, for placing the highest premium on responsiveness to citizens needs. Russ Jackson presented Shirlene Black with the Blueprint Blue Ribbon Award winner, for placing the highest premium on responsiveness to citizens needs. PRESENTATIONS P-1 Request that the City Council consider hearing a presentation from the Tyler Sister Cities, Inc. Board regarding new Sister City in Quijing, China. 2

7 March 28, 2018 Mr. Buddy Holland gave a presentation on the Sister City in Quijing, China. Motion by Mayor Pro Tem Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. P-2 Request that the City Council consider hearing a presentation and approving the Comprehensive Annual Financial Report for the fiscal year ending on September 30, 2017 as presented by Gollob Morgan Peddy PC. ZONING Kevin Cushion, Gollob Morgan & Peddy, PC Gave a brief presentation on the Annual Financial Report. Motion by Councilmember Westbrook; seconded by Councilmember Bowdre; motion carried 7-0 & approved as presented. Z-1 C TYLERTEX HOLDINGS, LLC (PORTION OF ROWLAND PLACE) Request that the City Council consider approving the closure of an unpaved portion of Rowland Place. (O ) Speakers: Jim Hetland (Hetland Family Trust) Not objecting to the zoning; has concerns about drainage issues Motion by Mayor Pro Tem Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. Z-2 Z HUMBERTO RODRIGUEZ (2730 WALKER STREET) Request that the City Council consider approving a zone change from R-1A, Single-Family Residential District to R-1B, Single-Family Residential District. (O ) Motion by Councilmember Bowdre; seconded by Councilmember Moore; motion carried 7-0 & approved as presented. Z-3 Z BENJAMIN DURAN JR (1001 MAGNOLIA DRIVE) Request that the City Council consider approving a zone change from RPO, Restricted Professional Office District to R-1B, Single-Family Residential District. (O ) Motion by Mayor Pro Tem Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. Z-4 Z JUAN GONZALEZ (515 EAST HOUSTON STREET) Request that the City Council consider approving a zone change from R-MF, Multi-Family Residential District to R-1B, Single-Family Residential District. (O ) 3

8 March 28, 2018 Motion by Councilmember Bowdre; seconded by Councilmember Nix; motion carried 7-0 & approved as presented. Z-5 Z LUIS LEANDRO (2008 FOSTER STREET) Request that the City Council consider approving a zone change from R-1A, Single-Family Residential District to R-1B, Single-Family Residential District. (O ) Motion by Mayor Pro Tem Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. Z-6 Z JAMES A. HAYNES (ONE ACRE TRACT OF LAND) Request that the City Council consider an appeal of the Planning and Zoning Commission s denial of a zone change from R-2, Two-Family Residential District to M-1, Light Industrial District. Speakers: Alan Haynes, 3312 Shady Cove St. (Property Owner) Spoke in favor of the zoning Narcene Jackson, 835 S Clark Opposed to the zoning Donald Sanders, 1020 S Buckley Ave Opposed to the zoning Motion by Councilmember Moore to deny the zone change; seconded by Councilmember Bowdre; motion carried 7-0 & denied as presented. MISCELLANEOUS M-1 Request that the City Council consider accepting a donation from the Smith County District s Attorney s Office in an amount not to exceed $105, and authorizes the Tyler Police Department to utilize the funds to purchase safety and operational equipment. Motion by Councilmember Nix; seconded by Councilmember Sellers; motion carried 7-0 & approved as presented. M-2 Request that the City Council consider authorizing the City Manager to enter into an Interlocal Facility Affiliation Agreement with Tyler Junior College for use of the Animal Services Shelter for teaching purposes. Motion by Mayor Pro Tem Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. M-3 Request that the City Council consider ratifying a contract between S&S Roofing, Inc. and the City of Tyler for the labor, materials, and equipment for roof restoration of the Fun Forest Swimming Pool Facility in the amount of $29, Motion by Councilmember Westbrook; seconded by Councilmember Bowdre; motion carried 7-0 & approved as presented. 4

9 March 28, 2018 M-4 Request that the City Council consider authorizing the City Manager to enter into a contract with Pennco, Inc. to provide complete odor control service to the City of Tyler s Southside Wastewater Treatment Plant and Shackleford Lift Station in an amount not to exceed $86,000 annually. Motion by Councilmember Nix; seconded by Mayor Pro Tem Warren; motion carried 7-0 & approved as presented. M-5 Request that the City Council consider authorizing the City Manager to execute a contract with Aqueous Engineering to perform the Rockwood Drainage Study in an amount not to exceed $44,775. Motion by Councilmember Bowdre; seconded by Councilmember Sellers; motion carried 7-0 & approved as presented. M-6 Request that the City Council consider authorizing the City Manager to execute a Pre- Development Services Agreement with Garfield Public/Private LLC in connection with planning, design and construction of a hotel convention center at the Rose Complex. Speakers: Ray Garfield, 6306 Stonehill Dr. (Proposed Developer) Gave a summary of potential plans for the Hotel Conference Center (HCC). Mark Whatley, 909 ESE Loop 323 Had questions concerning the new site and how it was selected. Dillip Patel, 2828 NNW Loop In favor of the proposed site. Mr. Patel suggested that the convention center be built first and then the City should see what size and type of hotel is needed. Cheryl Sartain, CR 2301, Arp, Tx. - (Residence Inn & Hotel Association Board member) No preference on a particular location. Ms. Sartain stated that the HCC will be beneficial for the area hotels. Matt Wilson, 4056 Lively Lane (Village of Cumberland Park, VCP ) In opposition to the proposed site. Mr. Wilson stated that the VCP project donated property to the City based on the City s prior representations that the HCC would be located at an adjacent site. Mr. Wilson stated that the Villages at Cumberland Park and adjacent property owners have made investments in anticipation of that location for the HCC. Bob Garrett, 823 Colonial Circle In opposition to the proposed site because he was involved in the Villages at Cumberland Park project, and during the inception of that project the City made representations that the HCC would be located at that south site. Mr. Garrett stated that the Villages at Cumberland Park and adjacent property owners have made investments in anticipation of that location for the HCC. 5

10 March 28, 2018 Shari Lee, 315 N Broadway (Visit Tyler) Stated that the market indicates that the hotel occupancy rates are flat and the average daily rate is down. Ms. Lee stated that she believes the City needs a Hotel Conference Center to be a driver for bringing people to Tyler. She stated that a 200 room hotel would be useful because overflow will go to the other hotels. 20,000 square feet of meeting space would be a useful starting place, but other successful markets are from 25,000 40,000 square feet. Tom Mullins, 315 N Broadway Requested that the City Council open up reconsideration of other sites, like the Bellwood site, for the location of the HCC. He stated that the Bellwood site has been identified by state and national entities as a preferred location for a conference center. Jeff Shirley, 901 Trenton Dr. (President of Tyler Lodging Association) Stated that hotel owners are ready for the HCC to come to fruition, as soon as possible. All of the hotel entities will benefit from the City s action. Mr. Shirley requested that the City make a decision to identify a site and do the deal as soon as possible. Motion by Councilmember Nix to deny the Pre-Development Services Agreement; seconded by Councilmember Sellers; motion carried 7-0 & denied 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 C-A-4 C-A-5 C-A-6 Request that the City Council consider authorizing the City Manager to approve the purchase of Dell Servers, Software and installation/configuration to expand hosting capacity. Request that the City Council consider adopting an Ordinance that adopts a new Rate Review Mechanism (RRM) tariff to govern future annual rate filings by Atmos Mid-Tex. (O ) Request that the City Council consider authorizing the City Manager to approve the Landlord Consent to Assignment & Estoppel Certificate between ETMC and Ardent Health Partners, LLC, for purposes of the operation of a Radio Communications Tower located at 825 North Glenwood Boulevard, Tyler, Smith County, Texas. Request that the City Council consider authorizing the City Manager to purchase in-car computers to be used in the Tyler Police and Fire Departments Vehicles. Request that the City Council consider reviewing and accepting the Investment Report for the quarter ending December 31, Request that the City Council consider reviewing and accepting the Revenue and Expenditure Report for the quarter ending December 31,

11 March 28, 2018 C-A-7 C-A-8 C-A-9 Request that the City Council consider authorizing the City Manager to execute Easement and Right of Way agreements to relocate electrical lines on City-owned property in the Peninsula West Subdivision at Lake Tyler. Request that the City Council consider authorizing the City Manager to execute a contract amendment with Halff Associates on the Comprehensive Storm Water Master Plan in the amount of $20,500. Request that the City Council consider ratifying Assignment and Assumption of Multiple Use Agreements for the pedestrian overpasses across Beckham Avenue and Hospital Drive and authorize the City Manager to sign all documents necessary to implement the Assignments. Motion by Councilmember Bowdre to approve the entire consent agenda; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. CITY MANAGER S REPORT EXECUTIVE SESSION Executive Item No. 1: Under Texas Gov t Code Section Economic Development deliberation regarding the following: Possible offer of financial or other incentive to a prospect, and to consider financial and other information about that prospect/project with which the City is conducting economic development negotiations that could lead to a partnership in Tyler. Executive Item No. 2: Under Texas Gov t Code Section Real Estate deliberation regarding the following: 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. No executive session needed. ADJOURNMENT 7

12 March 28, 2018 Motion by Councilmember Bowdre to adjourn the meeting at 1:15pm; 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 8

13 MINUTES OF THE REGULAR CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS April 11, 2018 A regular called meeting of the City Council of the City of Tyler, Texas, was held Wednesday, April 11, 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: Don Warren Linda Sellers Darryl Bowdre Ed Moore John Nix Bob Westbrook City Manager: Edward Broussard City Attorney: Deborah G. Pullum Deputy City Attorney: Steve Kean Sr. Assistant City Attorney: Sharon Roberts Managing Director of Administrative Services/HR: ReNissa Wade Manager for Organizational Development: Kristi Boyett Chief Information Officer: Benny Yazdanpanahi City Fire Chief: David Coble Police Chief: Jimmy Toler Project Engineer: Kyle Dykes Managing Director of Culture, Recreation and Tourism Services: Stephanie Rollings Managing Director of Planning & Economic Development: Heather Nick Managing Director of Utilities and Public Works: Scott Taylor Deputy City Clerk: Patricia Peralta INVOCATION MINUTES The Invocation was given by Councilmember Bowdre Motion by Councilmember Moore to approve the February 28, 2018 minutes; seconded by Councilmember Sellers; motion carried 7-0 & approved as presented. PRESENTATIONS P-1 Request that the City Council consider hearing a presentation from NET RMA about area connectivity and Tollway 49. Chris Miller, Executive Director of NET RMA- Gave a brief presentation concerning the area connectivity and Tollway 49.

14 April 11, 2018 ZONING Z-1 Z JOSHUA NEAVES (2323 HAVERHILL DRIVE) Request that the City Council consider approving a zone change from R-MF, Multi-Family Residential District to R-1A, Single-Family Residential District. (O ) HEARING Motion by Mayor Pro Tem Warren; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. H-1 Request that the City Council consider holding a public hearing for citizen participation and consider approving a resolution authorizing the Police Department to apply for a Certificate of Waiver or Authorization from the Federal Aviation Administration to establish an unmanned aircraft program. (R ) Public Meeting opened at 9:30 a.m. No one came forward to speak on the item. Public Meeting closed at 9:30 a.m. Motion by Councilmember Bowdre; seconded by Mayor Pro Tem Warren; motion carried 7-0 & approved as presented. MISCELLANEOUS M-1 Request that the City Council consider authorizing the City Manager to execute a contract with Adams Engineering for engineering services related to the Keaton Drainage Study (West Mud Creek Tributary C1.1) and the Stagecoach Drainage Study in the amount of $129, Motion by Councilmember Nix; seconded by Councilmember Bowdre; motion carried 7-0 & approved as presented. M-2 Request that the City Council consider authorizing the City Manager to execute a contract with Adams Engineering for the design, construction management, and construction inspection of the Broadway Avenue Drainage Improvement project in the amount of $78, Motion by Councilmember Bowdre; seconded by Councilmember Moore; motion carried 7-0 & approved as presented. M-3 Request that the City Council consider authorizing the City Manager to renew Work Order No. 1, with a maximum cost of $1,000,000 per year, for support of the Wastewater Collection System s Capacity, Management, Operations and Maintenance Program. 2

15 April 11, 2018 Motion by Councilmember Westbrook; seconded by Councilmember Sellers; motion carried 7-0 & approved as presented. M-4 Request that the City Council consider authorizing the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $1,997, for sanitary sewer system cleaning and inspection services. Motion by Mayor Pro Tem Warren; seconded by Councilmember Nix; motion carried 7-0 & approved as presented. M-5 Request that the City Council consider authorizing the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $698, for clearing and maintenance of the sanitary sewer system easements to enable system access and inspection. Motion by Councilmember Westbrook; seconded by Councilmember Sellers; motion carried 7-0 & approved as presented. M-6 Request that the City Council consider ratifying staff action to execute an Easement Agreement with the Oncor Electric Delivery Company LLC for a public bike lane and walkway, identified as Legacy Trails, along a corridor between FM 2493 and Cumberland Road. Motion by Councilmember Bowdre; 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 Request that the City Council consider authorizing the City Manager to approve the upgrade of hardware and software for an intrusion prevention system in the amount of $88, for new hardware and a one year support for intrusion prevention software. Request that the City Council consider authorizing the City Manager to approve purchasing goods through U.S. Communities Government Purchasing Alliance whereby the City of Tyler can take full advantage of purchasing any and all items available through this cooperative. Also, request that the City Council consider authorizing the City Manager to purchase residential solid waste carts and parts from Rehrig Pacific through the U.S. Communities Government Purchasing Alliance Contract from May 2018 to May

16 April 11, 2018 C-A-3 C-A-4 Request that the City Council consider adoption of an Ordinance amending Tyler City Code Chapter 3, Civil Service Classification Plan and number of authorized Civil Service positions for Fiscal Year (O ) Request that the City Council consider authorizing the City Manager to sign and acknowledge a permanent right-of-way use agreement with Consolidated Communications for the purpose of installing, operating, and maintaining a fiber optic cable in the City of Tyler right-of-way. Motion by Councilmember Bowdre; seconded by Councilmember Westbrook; motion carried 7-0 & approved as presented. CITY MANGER S REPORT 1. Street Department will be installing delineators on Grande as an upcoming project. 2. In response to Fair Parking Garage complaints of speeding, the Tyler Police Department has begun monitoring the facility, which has reduced this activity; other plans are to install speed bumps. 3. E-Trackit system is being implemented in our Building Services Department. 4. The City has continued increasing efforts to provide language translations to the public. 5. CIP report handed out. ADJOURNMENT Motion by Mayor Pro Tem Warren to adjourn the meeting at 9:57 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 4

17 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: Z-1 Date: May 9, 2018 Subject: Z ALEJANDRA SIBUL RODRIGUEZ (2622 HUGHEY DRIVE) 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. Page: 1 of 2 Item Reference: The applicant is requesting the zone change to develop a single-family detached home on Lot 27 of NCB 835, one lot containing approximately 0.14 acres of land located at the northeast intersection of Hughey Drive and Frankston Highway (2622 Hughey Drive). According to the Unified Development Code (UDC), the "R-1D", Single-Family Detached and Attached Residential District is primarily intended to accommodate single-family detached and attached housing, such as duplexes, townhouses and rowhouses on small individual lots. In addition, the district allows churches, schools, and accessory buildings and uses. The maximum building height is 42 feet. Setback requirements are 25 feet in the front, 15 feet in the rear, zero feet on the interior side and 12 feet on the corner side. Minimum lot size is 3,000 square feet. The adjacent properties to the north and west are zoned R-1A, Single-Family Residential District and are undeveloped. The adjacent property to the east are zoned C-2, General Commercial District and is the location of a rental agency. The property abuts Hughey Drive to the south as it is a corner lot. 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 Single-Family and Single- Family Attached. The applicant would like to build a two-story house with 500 square feet on each level. Given the triangular shaped corner lot, the setback requirements for R-1D allows more usable space for proper utilization of the subject property by reducing required setbacks. This request is consistent with the Tyler 1 st goal of adding 3,000 more households to the North End. On April 3, 2018, the Planning and Zoning Commission held a public hearing for this request. Nobody spoke in favor or in opposition to the request. As of Friday, April , of the ten notices mailed, no notices were returned in favor and three notices in opposition to the request with a protest calculation of percent. As the protest exceeds 20 percent, a favorable vote of three-fourths of the City Council will be required

18 Agenda Number: Z-1 Page: 2 of 2 to approve this request. The large protest percentage is the result of one person owning multiple properties within the required 200 foot notification radius. The notices cited concerns about property values and a new home being built. Staff notes that the property is currently zoned for single-family use; however, the existing zoning would severely restrict the ability for the property to be developed. This item was tabled at the April 25th City Council meeting because the City Councilman for the subject property s district was not present at the meeting. The other City Councilmembers voted to table the item so that the Councilman could be present for final consideration. All other departments have reviewed the application and anticipate a positive impact on services and facilities by the proposed rezoning request. RECOMMENDATION: The Planning and Zoning Commission by a 7-0 vote recommends approval of the request to change the zoning from R-1A, Single-Family Residential District to R-1D, Single-Family Detached and Attached Residential District. ATTACHMENTS: 1. Site Photos 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

19 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-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-1D, SINGLE-FAMILY DETACHED AND ATTACHED RESIDENTIAL DISTRICT ON LOT 27 OF NCB 835, ONE LOT CONTAINING APPROXIMATELY 0.14 ACRES OF LAND LOCATED AT THE NORTHEAST INTERSECTION OF HUGHEY DRIVE AND FRANKSTON HIGHWAY (2622 HUGHEY DRIVE); DIRECTING THE AMENDMENT OF THE ZONING MAP; 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-1A, Single-Family Residential District, shall hereafter bear the zoning classification of R-1D, Single-Family Detached and Attached Residential District, to wit: Lot 27 of NCB 835, one lot containing approximately 0.14 acres of land located at the northeast intersection of Hughey Drive and Frankston Highway (2622 Hughey Drive). 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 Single-Family and Single-Family Attached. 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.

20 PASSED AND APPROVED this the 9 th day of May 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

21 EXHIBIT A LOCATION MAP

22 EXHIBIT B TYLER 1 ST FUTURE LAND USE GUIDE

23 EXHIBIT C NOTIFICATION MAP

24 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-1 Date: May 9, 2018 Subject: Request that the City Council consider setting May 16, 2018 as the date for a special called meeting to canvass the returns of the City Council Election held May 5, Page: 1 of 2 Item Reference: Texas Election Code Section (Time for Local Canvass) The City Council is required by law (Sec of the Texas Election Code) to canvass the returns and declare results of the City Council Election to elect a Mayor at Large and City Councilmember for Single Member Districts No. 2, 4, and 6. The election will be held on May 5, The meeting to canvass and declare the election results may not occur before the 11th day after the election unless all FPCA (Federal Post Card Application) ballots have been received and the ballot board has completed the count of provisional ballots. Wednesday, May 16, 2018 is the last day that canvassing of the election results may occur. Normally the Elections Administrator will have the provisional and out of state ballots counted by the day before the last allowable date. However, because the law mandates that the canvass cannot occur until the last date if all out of state/provisional ballots are not in, then to ensure the City is in compliance with the election law, it is recommended that the City Council consider setting Wednesday, May 16, 2018 as the date for a Special Called Meeting to canvass the election returns. RECOMMENDATION: It is recommended that the City Council consider setting Wednesday May 16, 2018 as the date for a Special Called Meeting to canvass the election returns for the Mayor at Large, and City Councilmember for Single Member Districts No. 2, 4, and 6.

25 Agenda Number: M-1 Page: 2 of 2 Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney Edited/Submitted By: City Manager

26 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-2 Date: May 9, 2018 Subject: Request that the City Council consider authorizing the City Manager to award the construction contract for the 2018 Community Development Block Grant-Harmony Street curb and gutter project to the low bidder, South Texas Illumination, LLC, in the amount of $43, Page: 1 of 2 Item Reference: On November 8, 2017, the City Council approved a substantial amendment to the 2016 Action Plan and reprogramming of Community Development Block Grant (CDBG) grant funds. A portion of the reprogrammed funds were allocated to Harmony Street to install curb and gutter along the south side of Harmony between the 400 and 500 block. The public infrastructure project is located in Target Area, District 3. In 2015, the Harmony Street project was not completed due to staff determining funds allocated were not enough to complete the project. (See attached map.) The project was publicly advertised and the bids were publicly opened and read aloud on March 13, 2018 as described below: Bid Summary Contractor: South Texas Illumination $43, Capps-Capco Construction $54, Crown Civil Construction $64, Reynolds & Kay, Ltd. $68, Curb and Gutter Construction & Installation: 502 Harmony to 525 Harmony As the U.S. Department of Housing and Urban Development (HUD) has already approved a total available budget of $86, for this project on October 31, 2017, staff recommends that City Council award the Harmony Street curb and gutter project base bid in the amount of $43, to the lowest bidder.

27 Agenda Number: M-2 Page: 2 of 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to award the construction contract for the 2018 Community Development Block Grant-Harmony Street curb and gutter project to the low bidder, South Texas Illumination, LLC, in the amount of $43, ATTACHMENTS: 1. Map Drafted/Recommended By: Department Leader Raynesha Hudnell Neighborhood Services Manager Edited/Submitted By: City Manager

28 ATTACHMENT A LOCATION MAP

29 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-3 Date: May 9, 2018 Subject: Request that the City Council consider authorizing the City Manager to execute a Sponsored Research Agreement, in the amount of $186,469, with The University of Texas at Tyler for the Tyler Bike Stripes project as part of a Texas Department of Transportation Grant. Page: 1 of 1 Item Reference: C-A-14, 9/13/17 The City of Tyler has been working with the transportation engineering research team at The University of Texas at Tyler (UT Tyler) for several years to develop an efficient and dynamic bicycle lane network throughout the City. In 2017, the City applied for funding for the Tyler Bike Stripes project through the 2017 Transportation Alternatives Set-Aside (TA Set-Aside) Program, and City Council adopted a resolution committing local matching funds. The City and UT Tyler have identified twelve proposed bicycle lane routes, several connectors between those routes and a downtown centralized hub as follows: Route 1 Starts at Old Omen, ends at Donnybrook Avenue Route 2 Starts at Garden Valley and ends at Oakwood Street Route 3 Starts at Paluxy Drive and ends at Donnybrook Avenue Route 4 Starts at Bellwood Road and ends at Houston Street Route 5 Starts at Cambridge Road and ends at Donnybrook Avenue Route 7 Starts at Dueling Oaks and ends at Fair Lane Route 9 Starts at Earl Campbell and ends at Houston Street Routes 6, 8, 10 and 12 - Under development Route connections will be developed to connect different Routes Hub Centralized Hub around downtown. Through the TA Set-Aside program, the Texas Department of Transportation (TxDOT) will provide up to 80 percent of construction costs as a reimbursement, while the City will pay 100 percent of the engineering and design costs and the remaining 20 percent of construction costs. UT Tyler faculty, along with several graduate students, will be providing preliminary and final design for the proposed bike lanes, as well as construction administration services on an as-needed basis to support staff during construction of the project. FUNDING: Half Cent Sales Tax Fund

30 Item Number: M-3 Page: 2 of 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Sponsored Research Agreement, in the amount of $186,469, with The University of Texas at Tyler for the Tyler Bike Stripes project as part of a Texas Department of Transportation grant. ATTACHMENTS: 1. Location Map 2. UT Tyler Sponsored Research Agreement Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

31 PROJECT DETAILS ATTACHMENT B Page 2 of 8 TYLER BIKE LANE PROJECT LAYOUT MAP

32 SPONSORED RESEARCH AGREEMENT This Sponsored Research Agreement (the Agreement ) is an Interlocal Agreement pursuant to Chap. 791 of the Texas Government Code and is made between The University of Texas at Tyler, ( University ), a component institution of The University of Texas System ( System ) and the City of Tyler, a Texas home-rule municipality with its principal place of business at P.O. Box 2039, Tyler, TX ( Sponsor ). RECITALS WHEREAS, Sponsor desires that University perform certain research work hereinafter described and related to the future development of bike facilities and lanes, and is willing to sponsor such research; and WHEREAS, University is willing to perform the research; and WHEREAS, neither party anticipates that any new intellectual property will result from the research. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the University and Sponsor agree as follows: 1. EFFECTIVE DATE This Agreement shall be effective as of June 1, 2018 (the Effective Date ). 2. RESEARCH PROGRAM 2.1 University will use its own facilities and its reasonable best efforts to conduct the research program described in Attachment A ("Scope of Service and Terms of Payments ") under the direction of Dr. Mena Souliman, (the "Principal Investigator") or his successor, as mutually agreed to by the parties. 2.2 The Research Program shall be carried out from the Effective Date through and including November 15, 2019 (the "Term"). The parties may extend the Research Program under mutually agreeable terms. 2.3 Sponsor understands that University s primary mission is education and advancement of knowledge and the Research Program will be designed to carry out that mission. The manner of performance of the Research Program shall be determined solely by the Principal Investigator. University does not guarantee specific results. 2.4 Sponsor understands that University may be involved in similar research through other researchers on behalf of itself and others. University shall be free to continue such research provided that it is conducted separately and by different investigators from the Research Program, and Sponsor shall not gain any rights via this Agreement to other research. Draft 2.City.UTT.Bike Lane Project Page 1 of 10

33 3. COMPENSATION 3.1 As described in the Terms of Payment portion of Attachment A and as consideration for University's performance, Sponsor will pay the University an amount equal to its expenditures and reasonable overhead in conducting the Research Program subject to a maximum expenditure limitation of $156,469. Payments shall be made as follows and as further described in Attachment A: Payment Phase Payment Amount Payment Due Date Preliminary Design Phase $62, Effective date Design Development Phase $62, Scope Completion Final Detailed Design phase $ Scope Completion 3.2 Sponsor will make payments to The University of Texas at Tyler, referencing the Principal Investigator and Research Program title, to the following address: The University of Texas at Tyler Attn: Debbie Gibson 3900 University Blvd. Tyler, TX The Principal Investigator may transfer funds within the budget, as contained in Attachment A, as needed without Sponsor's approval so long as the scope of work under the Research Program remains unchanged. After termination in compliance with the provisions of Section 10, University will return to Sponsor all uncommitted and unexpended funds. 3.4 University shall retain title to all equipment purchased and/or fabricated by it with funds provided by Sponsor under this Agreement. 4. COMMUNICATION AND REPORTS 4.1 Sponsor's designated representative for communications with the Principal Investigator shall be Kyle Dykes or any other person Sponsor may designate in writing to University and the Principal Investigator ("Designated Representative"). 4.2 The Principal Investigator will make one written report summarizing the work completed each year of the Research Program. The Principal Investigator shall also submit a comprehensive final report within one hundred twenty (120) days after termination of the Agreement. The Office of Research & Scholarship will submit a financial report of related Research Program expenses within one hundred twenty (120) days after termination. 5. PUBLICITY Neither party shall make reference to the other in a press release or any other written statement in connection with work performed under this Agreement, if it is intended for use in the public media, except as required by The Texas Public Information Act or other law or regulation. University, however, shall have the right to acknowledge Sponsor s support of the investigations under this Agreement in scientific or academic publications or communications, without Sponsor s prior approval. In any permitted statements, the parties shall describe the scope and nature of their participation accurately and appropriately. Draft 2.City.UTT.Bike Lane Project Page 2 of 10

34 6. PUBLICATION The University and the Principal Investigator have the right to publish or otherwise publicly disclose information gained in the course of the Research Program. In order to avoid disclosure of confidential information provided to University by the Sponsor in accordance with Section 7 of this Agreement, University will submit any prepublication materials to Sponsor for review and comment at least sixty (60) days prior to planned submission for publication. Sponsor shall notify University within thirty (30) days of receipt of such materials whether they contain Sponsor's confidential information as described in Section 7. Subject to its obligation not to disclose Sponsor's confidential information, University shall have the final authority to determine the scope and content of any publications. 7. CONFIDENTIAL INFORMATION The parties may wish to disclose confidential information to each other in connection with work contemplated under this Agreement ( Confidential Information ). Each party will use reasonable efforts to prevent the disclosure of the other party s Confidential Information to third parties for a period of three (3) years after the termination of this Agreement, provided that the recipient party s obligation shall not apply to information that: a. is not disclosed in writing or reduced to writing and marked with an appropriate confidentiality legend within thirty (30) days after disclosure; b. is already in the recipient party s possession at the time of disclosure; c. is or later becomes part of the public domain through no fault of the recipient party; d. is received from a third party having no obligations of confidentiality to the disclosing party; e. is independently developed by the recipient party; or f. is required by law or regulation to be disclosed. In the event that information is required to be disclosed pursuant to subsection (f), the party required to make disclosure shall notify the other to allow that party to assert whatever exclusions or exemptions may be available to it under such law or regulation. 8. PUBLIC INFORMATION University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information under the Texas Public Information Act (TPIA), Chapter 552, Texas Government Code. In accordance with and , Texas Government Code, and at no additional charge to University, Contractor will make any information created or exchanged with University pursuant to this Agreement (and not otherwise exempt from disclosure under TPIA) available in a format reasonably requested by University that is accessible by the public. 9. LIABILITY 9.1 Where permitted by law, Sponsor agrees to indemnify and hold harmless System, University, their Regents, officers, agents and employees from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement, including but not limited to the use by Sponsor of the results obtained from the activities performed by University under this Agreement; provided, however, that the following is excluded from Sponsor s obligation to indemnify and hold harmless: Draft 2.City.UTT.Bike Lane Project Page 3 of 10

35 a. the negligent failure of University to substantially comply with any applicable governmental requirements; or b. the negligence or willful malfeasance of any Regent, officer, agent or employee of University or System. 9.2 Both parties agree that upon receipt of a notice of claim or action arising out of the Research Program, the party receiving such notice will notify the other party promptly. Where permitted by law, Sponsor agrees, at its own expense, to provide attorneys to defend against any actions brought or filed against University, System, their Regents, officers, agents and/or employees with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully brought or filed; and subject to the statutory duty of The Texas Attorney General, University agrees to cooperate with Sponsor in the defense of such claim or action. 10. INDEPENDENT CONTRACTOR For the purposes of this Agreement and all services to be provided hereunder, the parties are independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be expressly provided herein or authorized in writing. 11. TERM AND TERMINATION 11.1 This Agreement may be terminated by the written agreement of both parties. Further, either party may terminate the agreement without cause so long as a written sixty (60) day notice of termination is provided to the other party In the event that either party shall be in default of its material obligations under this Agreement and shall fail to remedy such default within sixty (60) days after receipt of written notice thereof, this Agreement may be terminated upon written notice at the option of the party not in default upon expiration of the sixty (60) day period Termination or cancellation of this Agreement shall not affect the rights and obligations of the parties accrued prior to termination. Upon termination, Sponsor shall pay University for all reasonable expenses incurred as of the effective termination date Any provisions of this Agreement which by their nature extend beyond termination shall survive such termination. 12. ATTACHMENTS Attachments A and B are incorporated and made a part of this Agreement for all purposes. 13. GENERAL 13.1 This Agreement may not be assigned by either party without the prior written consent of the other party; provided, however, that subject to the approval of University, which may not be unreasonably withheld, Sponsor may assign this Agreement to any purchaser or transferee of all or substantially all of Draft 2.City.UTT.Bike Lane Project Page 4 of 10

36 Sponsor s assets or stock upon prior written notice to University, and University may assign its right to receive payments hereunder This Agreement constitutes the entire and only agreement between the parties relating to the Research Program, and all prior negotiations, representations, agreements and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties Any notice required by this Agreement by Articles 8, or 10 shall be given by prepaid, first class, certified mail, return receipt requested, addressed in the case of University to: The University of Texas at Tyler 3900 University Blvd. Tyler, TX ATTN: Carla Reichard FAX: (903) PHONE: (903) creichard@uttyler.edu or in the case of Sponsor to: The City of Tyler P.O. Box 2039 Tyler, TX ATTN: Kyle Dykes PHONE: (903) kdykes@tylertexas.com or at such other addresses as may be given from time to time in accordance with the terms of this notice provision. Notices and other communications regarding the day-to-day administration and operation of this Agreement shall be mailed (or otherwise delivered), and addressed in the case of University to: The University of Texas at Tyler 3900 University Blvd. Tyler, TX ATTN: Debbie Gibson FAX: (903) PHONE: (903) dgibson@uttyler.edu or in the case of Sponsor to: The City of Tyler P.O. Box 2039 Tyler, TX Draft 2.City.UTT.Bike Lane Project Page 5 of 10

37 ATTN: Kyle Dykes PHONE: (903) This Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Texas. Any cause of action arising from this Agreement shall be filed in a court of competent jurisdiction in Smith County, Texas. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. SPONSOR- CITY OF TYLER By: Edward Broussard City Manager UNIVERSITY OF TEXAS AT TYLER By: Amir Mirmiran Provost & Vice President for Academic Affairs Draft 2.City.UTT.Bike Lane Project Page 6 of 10

38 University of Texas at Tyler Departments of Civil Engineering and Construction Management Attachment A- Scope of Service and Terms of Payment The University of Texas at Tyler shall design the project to meet applicable Federal, State and local regulations utilizing AASHTO s Guide for the development of Bicycle Facilities, TxDOT s Standard Specifications and TDL Regulations. Preliminary Design Phase- Data Collection Phase: 1. Conduct literature review towards the data previously utilized by other agencies in bike lane design. 2. Collect lane width, lane numbers, and lane configuration. 3. Collect parking type, timing and status for the roads forming different spokes. 4. Collect the speed limit on the roads forming different bike spokes. 5. Collect street lighting status on the roads forming different bike spokes. 6. Collect street lighting poles locations and numbers. 7. Collect/ calculate pavement grade of the roads forming the different spokes. 8. Conduct traffic counts at intersections to collect information related to the traffic volume and peak hours. 9. Perform the British Pendulum test to collect the skid resistance values for roads forming different spokes. -Payment for the Preliminary Design Phase will be a lump sum payment of Sixty-Two Thousand Dollars ($62,000.00) due upon the Effective date. Design Development Phase (DD): 1. Conduct literature review towards previously developed method of designing bike lanes. 2. Develop a map showing the important developments (restaurants, schools, university. etc) that must be serviced by the bike network. 3. Develop a map for the different potential spokes for each route that must be covered by the bike network. 4. Develop a thorough scoring system to be utilized in the selection of the best routes among the potential suggested different routes. 5. Develop scoring tables for each of the selected 12 spokes. 6. Develop a map for each spoke showing the selected roads and their names. 7. Apply the developed scoring system to select the roads forming the spoke connections. 8. Develop a map for the spoke connections required showing all the involved roads. 9. Determine the new cross sections that must be assigned to the roads forming different spokes. 10. Provide a cross section details for each of the selected roads to be part of a spoke. (cross sections for the transitional areas from a road to another road within the spoke will not be provided. Also, intersection/ traffic light detailing will not be provided). 11. Meet with Oncor Electric to coordinate the proposed new light poles locations. 12. Provide a plan showing the tentative light poles locations (no coordinate location point will be provided). 13. Develop a full report incorporating all of the above points into a single document file. Draft 2.City.UTT.Bike Lane Project Page 7 of 10

39 14. Meet with TxDOT and city of Tyler engineer to discuss the developed detailed design report and receive the generated comments/ suggestion if any. -Payment for the Design Development Phase will be a lump sum payment of Sixty-Two Thousand Dollars ($62,000.00) due upon the completion of this phase. Final Detailed Design phase (FDD): 1. Incorporate all the generated comments from TxDOT and city of Tyler engineer into the design. 2. Develop project technical specifications based on TxDOT standard specifications for construction and maintenance of highways, streets and bridges. 3. Develop pavement marking AutoCAD plans for each road forming a part of a spoke drafted at 1 =40 scale with 1 =5 vertical scale on 11 x17 paper. 4. Develop a spoke AutoCAD plan showing the tentative locations of the lighting poles. 5. Develop a typical cross section AutoCAD sheet for each road forming part of a spoke. 6. Develop an overall AutoCAD spoke layout for each one of the 12 spokes. 7. Print and submit two sets of the drawings and the specifications for TxDOT and city of Tyler engineer review before the final stamping and endorsement. 8. Submit two printed sets of the final stamped and endorsed drawings and specifications as well as a soft copy of the same. -Payment for the Issued for Construction Design Phase will be a lump sum payment of Thirty-Two Thousand and Four Hundred Sixty-Nine Dollars ($32,469.00) due upon the completion of this phase. Proposed Additional Scope- Contract Administration Phase: Under this phase, assistance will be provided during construction on an as needed basis at hourly rates. These services may include, but are not limited to the following: 1. Prepare the bid proposal. 2. Attend the pre-construction meetings. 3. Attend meetings on site with Contractor and/or Utility Companies. 4. Conduct periodic site visits to check progress of construction. 5. Review contractor s submittals & Answer RFI questions regarding construction plans & specifications. 6. Review submittals & answer questions from Inspectors. 7. Prepare TDLR submission and coordinate the inspection at end of project. Payment for the Contract Administration phase will be paid based on an agreed hourly rate plus all of the reimbursable expenses. The forecast cost for this phase is Thirty Thousand Dollars ($30,000.00). Summary for all the design phases costs: Draft 2.City.UTT.Bike Lane Project Page 8 of 10

40 Preliminary Design Phase Design Development Phase Final Detailed Design phase $62, (lump sum) $62, (lump sum) $ (lump sum) Total Contract Amount $156, Proposed Additional Scope $30, (forecast sum) Draft 2.City.UTT.Bike Lane Project Page 9 of 10

41 THE UNIVERSITY OF TEXAS AT TYLER Tyler Bike Stripes Project Attachment B- Project Detailed Schedule Tentative schedule that will be changed to reflect the agreement Effective Date and Term as stated under Clause 1 and Subclause 2.2 respectively from the duly signed and stamped Agreement Building / Activity DATA COLLECTION Lane width and configuration, Street lighting, Grade, Traffic data, and Skid resistance DATA ANALYSIS/ SCORING SYSTEM Full analysis utilizing the developed scoring criteria and collected data DETAILED DESIGN REPORT PREPARATION Full design documentation for each spoke in document format to be reviewd by city engineer/ TxDOT DETAILED DESIGN REPORT SUBMISSION Collection and submition for city engineer/ TxDOT review and comments FINAL DESIGN DRAWINGS PREPARATION Full design documentation for each spoke in AutoCAD DWG format to be reviewd by city engineer/ TxDOT FINAL DESIGN SPECIFICATION PREPARATION Full design specification development in document format to be reviewd by city engineer/ TxDOT IFC FULL DESIGN PACKAGE PREPARATION Full design issued for construction drawing and specification development for each spoke Planned Start 1-Jun-18 1-Jul Aug-18 2-Jan-19 9-Jan-19 3-May-19 3-Aug-19 Planned Finish 18-Oct Nov-18 2-Jan-19 9-Jan May-19 3-Aug Oct-19 IFC FULL DESIGN PACKAGE SUBMISSION Full design issued for construction drawing and specification submission for each spoke to be used in tendering process Draft 2.City.UTT.Bike Lane Project Page 10 of Oct Nov-19

42 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-4 Date: May 9, 2018 Subject: Request that the City Council consider accepting a report regarding the workers compensation, property and casualty claims, and lawsuits from January 1, 2017 through March 31, 2018, and ratify all claim payments and settlements. Page: 1 of 3 Item Reference: The City of Tyler Code Section 2-60 authorizes the City Manager to investigate all claims and periodically notify the City Council of the status of all claims, payments and denials. The last update was presented to City Council on March 8, 2017 and included claim information through December 31, Workers Compensation Claims The City of Tyler has a Third Party Administrator contract with Claims Administrative Services (CAS) to handle and administer the City s self-insured Workers Compensation program. A brief summary of claim information follows. Any detailed or specific discussion regarding individual workers compensation claims for injured employees would need to occur in a non-public forum in order to protect the privacy rights of the employees involved. Workers Compensation Claim Count 2015/ / /2018* Workers Comp Information Only Workers Comp Medical Only Workers Comp Lost Time TOTAL *Incomplete policy year. Information through 3/31/18 (6 months remaining in policy year)

43 Agenda Number: M-4 Page: 2 of 3 Workers Compensation Claim Dollars Paid/Reserves 2015/ / /2018* Workers Comp Paid $395,634 $167,094 $56,227 Workers Comp Reserves (expect to pay) $55,788 $7,806 $188,815 TOTAL $451,422 $174,900 $245,042 *Incomplete policy year. Information through 3/31/18 (6 months remaining in policy year). Property and Casualty Claims The City of Tyler has a Third Party Administrator contract with Innovative Risk Management (IRM) to handle and administer for the City s Self-Insured Retention (deductible) liability insurance program. A brief summary of claims follows, any detailed or specific discussion about individual liability claims still pending would need to occur in executive session. Property and Casualty Claim Count 2015/ / /2018* Auto General Liability Property 18 1 TOTAL *Incomplete policy year. Information through 3/31/18 (6 months remaining in policy year). Property and Casualty Claim Dollars Paid/Reserves 2015/ / /2018* Prop/Casualty Paid $286,742 $198,676 $61,350 Prop/Casualty Reserves (expect to $9,400 $38,045 $69,397 pay) TOTAL $296,142 $236,721 $130,747 *Incomplete policy year. Information through 3/31/18 (6 months remaining in policy year). Property and Casualty and Workers Compensation Claims Greater Than $25,000 Paid Below is the number of claims in each policy year that had greater than $25,000 paid. Any detailed or specific discussion about individual Property and Casualty or Workers Compensation claims would need to occur in executive session. Property and Casualty and Workers Comp Claim Greater Than $25,000 Paid 2015/ / /2018* Prop/Casualty Claims Workers Comp Claims *Incomplete policy year. Information through 3/31/18 (6 months remaining in policy year).

44 Agenda Number: M-4 Page: 3 of 3 Property and Casualty and Workers Compensation Number of Litigated Claims Below is the number of claims in each policy year that involved litigation. Any detailed or specific discussion about individual Property and Casualty or Workers Compensation claims in litigation would need to occur in executive session. Property and Casualty and Workers Comp Claim Number of Litigated Claims 2015/ / /2018* Prop/Casualty Claims Litigated Workers Comp Claims Litigated *Incomplete policy year. Information through 3/31/18 (6 months remaining in policy year). RECOMMENDATION: It is recommended that the City Council review and accept the City of Tyler s workers compensation, property and casualty claims, and lawsuits reports for , and for through March 31, 2018 and to ratify all claim payments and settlements during that timeframe of $1,165,722 including fifteen (15) claims that had payments of $25,000 or more and twelve (12) litigated claims. Additionally, please review and accept the current open pending workers compensation, property and casualty claims and lawsuits open reserve amounts. Drafted/Recommended By: Department Leader Sara McCracken, Risk Manager Edited/Submitted By: City Manager