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2001-11-26 City of Southlake, Texas SOUTHLAKE PARKS DEVELOPMENT CORPORATION BOARD MEETING . November 26, 2001 LOCATION: Town Hall Council Chamber 1400 Main Street, Southlake, Texas REGULAR SESSION 4:30 P.M. (prior to the City Council Meeting): 1. Call to order. 2. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Section 551.071, consultation with attorney, Section 551.072, deliberation regarding real property, and/or Section 551.073, deliberation regarding prospective gift. 3. Reconvene: Action necessary on items discussed in executive session 4. PUBLIC FORUM CONSENT AGENDA:O All items listed below are considered to be routine by the Southlake Parks Development Corporation Board and will be enacted with one motion. There will be no separate discussion of items unless a Board member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Approval of the minutes for the regular SPDC meetings held August 20, 2001 and September 18, 2001. B. Matching funds request from Grapevine / Southlake Soccer Association for Grade Rite field leveler. C. Matching funds request from Southlake Women's Club for banner arms for placement of banners along Southlake Boulevard. REGULAR AGENDA: 6. Consider: 1111 A. Approval of the Interlocal Agreement for Joint Use of CISD Carroll Intermediate School playing field. B. Award of bid to Green Scaping for trail construction at Bicentennial Park and Royal & Annie Smith Park. Public Hearing 7. Adjournment `'outh CERTIFICATE I hereby certify that the above agenda was posted on the Official Bulletin Boards at Town Hall, 1400 Main Street, on Monday, November lr5,,,gp01, 6:00 p.m. pursuant to the Texas Government Code, Chapter 551. ',,•s% wZH.SI , AhVi.•X g 0: cn_ 0�; %... Sandra L. LeGrand City Secretary ,,',� `"""'*'`,�,,`,,, If you plan to attend this meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-1519, and reasonable accommodations will be made to assist you. 1 , ■ I' • ■ SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEETING November 26, 2001 • MINUTES Board Members Present: President Ralph Evans; Members: Tim O'Conner, Rex Potter (4:40p.m.), Bobby Rawls, Rick Stacy, and Tom Stephen. Board Member Absent: Tad Stephens Staff Present: Director of Community Services Kevin Hugman and Executive Secretary Kim Bush. Agenda Item No. 1, Call to order. The meeting was called to order by President Ralph Evans at 4:35 p.m. Agenda Item No. 2, Executive Session. No executive session was necessary. Agenda Item No. 4. Public Forum. There were no comments from the audience during Public Forum. CONSENT AGENDA. Agenda Item Nos. 5A, Approval of the minutes for the regular SPDC meetings held August 20, 2001 and September 18, 2001; 5B, Matching funds request from Grapevine / Southlake Soccer Association for Grade Rite field leveler; and 5C, Matching funds request from Southlake Women's Club for banner arms for placement of banners along Southlake Boulevard. There was no discussion on the consent agenda items. Motion was made to approve Agenda Items Nos. 5A, 5B, and 5C. Motion: O'Conner Second: Rawls Ayes: Evans, O'Conner, Rawls, Stacy, and Stephen Nays: none Approved: 5-0 Additional Information concerning Consent Agenda Items Agenda Item No. 5A. Minutes of August 20 and September 18, 2001 approved as presented. Agenda Item No. 5B. Matching funds request for $2,000 from Grapevine / Southlake Soccer Association for a Grade Rite field leveler approved as requested. SPDC Meeting Minutes, November 26, 2001, Page 1 of 3 Agenda Item No. 5C. Matching funds request for $1,000 from Southlake Women's Club for banner arms for placement of banners along Southlake Boulevard approved as requested. Agenda Item No. 6A. Approval of the Interlocal Agreement for Joint Use of CISD Carroll Intermediate School playing field. Director of Community Services Kevin Hugman commented that the proposed interlocal agreement for Carroll Intermediate School playing field comes directly as a result of the proposed lighting of the field to accommodate the Southlake Carroll Lacrosse Association. Key points of the agreement include: • City shall allocate $150,000 towards the construction of the lighting (as approved by SPDC through the FY 2001/02 CIP) • Field maintenance fee will be established in accordance with the field maintenance fees already in place for youth sports associations. The City and CISD will split the fees collected with fifty percent going to each entity. • City will maintain the lighting and equipment and will be responsible for electrical cost associated with the lighting. • CISD will establish the turf and maintain the fields through mowing, aeration, irrigation and fertilization. • City use of the field shall be from 4:30 p.m. - 10:00 p.m., Monday through Friday, 8:00 a.m. - 10:00 p.m. on Saturdays, and 10:00 a.m. - 9:00 p.m. on Sundays. With the exception of pre-scheduled games, CISD reserves the right to use the field beyond 4:30 p.m. during the week, or anytime on Saturday, and Sunday for special school functions. • Term of the agreement is for 5 years and can be automatically renewed for additional 5- year periods. • JUC recommended approval at its Nov. 8 meeting. Board member O'Conner asked whether or not field maintenance fees were the same as those for the other associations. Mr. Hugman explained that the fees were the same as for baseball and softball. Motion was made to approve the Interlocal Agreement for Joint Use of CISD Carroll Intermediate School playing field. Motion: Stephen Second: Rawls Ayes: Evans, O'Conner, Potter, Rawls, Stacy, Stephen Nays: none Approved: 6-0 Agenda Item No. 6B. Award of bid to Green Scaping for trail construction at Bicentennial Park and Royal & Annie Smith Park. Public Hearing. Director Hugman informed the Board that Green Scaping submitted the low bid in the amount of $167,840 which includes construction of a new trail that would circle around the easterly perimeter of Bicentennial Park and connect the existing trails and sidewalks within the park, and to the planned TMB trail along North White Chapel. The bid also includes construction of an eight-foot trail SPDC Meeting Minutes, November 26, 2001, Page 2 of 3 providing a northern loop within Royal and Annie Smith Park as well as connect the planned off-road sidewalk along Johnson Road to the southern entrance of Florence Elementary. Mr. Hugman also said that funds have been expended for the demolition and removal of existing structures and debris in the amount of$7,360. He explained that funding for the project will include $99,747.64 remaining in the FY 1998-99 budget for Bicentennial Park trail improvements, $50,000 allocated in FY 1999-2000 for Royal and Annie Smith Park improvements, and $30,000 from the Neighborhood Park improvements line item to make up the difference and to provide a contingency of$5,000 ($99,747.64 + 50,000 + 30,000 = $179, 747.64; $167,840 + 7,360 + 5,000 = $180,200). Mr. Hugman explained to the Board that staff did apply for a grant with the Texas Parks and Wildlife Department for the Smith Park trail, but TPW awarded the grant to the equestrian trail project since it involved several cities including Southlake. He also commented that TxDOT has recommended that trails be constructed with a minimum width of 8' because of safety issues. There were no comments from the audience during the public hearing. Motion was made to award the bid to Green Scaping in the amount of $167,840 for trail construction at Bicentennial Park and Royal and Annie Smith Park. Motion: Potter Second: Rawls Ayes: Evans, O'Conner, Potter, Rawls, Stacy, Stephen Nays: none Approved: 6-0 • Agenda Item No. 8. Adjournment. There being no further business to discuss the meeting was adjourned at 4:50 p.m. Preside t Ralph Evans ATTEST: -rH�K • 1 • • Kim ush Executive Secretary ***��,.•`' , SPDC Meeting Minutes, November 26, 2001, Page 3 of 3 City of South lake, Texas MEMORANDUM November 16, 2001 TO: SPDC Board of Directors FROM: Kevin Hugman, Director of Community Services SUBJECT: Board Meeting — Monday, November 26, 2001 1. Agenda Item No. 2. Executive Session. We have no items to discuss with you in executive session at this time. 2. Agenda Item No. 4. PUBLIC FORUM: This is the public's opportunity to address the Board about non-agenda items. During this proceeding it is important that the Board not deliberate (discuss among yourselves) or take action on any item brought up at this time. The Boards' options during this topic are 1) to listen, 2) ask questions and respond to the presenter only, 3) request staff to look into the issue and report back to the Board or 4) request that the Chair put the item on a future agenda for the Board to discuss or consider. 3. Agenda Item No. 5A. Approval of the minutes of the regular SPDC meeting held August 20, 2001 and September 18, 2001. If you have corrections to the meeting minutes, please let Secretary to the City Manager Kim Bush know in advance or make it part of the motion for consideration. Kim can be reached via e-mail at kbush©a ci.southlake.tx.us or by calling her at 481-1420 4. Agenda Item No. 5B. Award of bid to Green Scaping for trail construction at Bicentennial Park and Royal and Annie Smith Park. The Bicentennial Park trail will tie into existing concrete sidewalks and pathways, and will replace the old asphalt trail which is deteriorating in many places and non-existent in other areas (due to previous construction projects). The Royal and Annie Smith Park trail will be the first development to this park, staff having received neighborhood input in the past favorable to trails and picnic tables as the first phase of development. The design in Smith Park takes advantage of the trees and natural area in the north part of the park, and allows for future expansion to the south as future ballfields and facilities are built in that area. Funds are available in the current year SPDC Capital Improvements Budget within the line items for Bicentennial Park trail ($99,747), Smith Park improvements ($42,640), and Neighborhood Park improvements ($150,000). Staff recommends the award of bid to Green Scaping in the amount of$167,840 plus a $5,000 contingency amount, for a total project cost not to exceed $172,840. 5. Agenda Item No. 5C. Matching Funds request from Grapevine Southlake Soccer Association for a Grade Rite field leveler. The packet item cover memo describes this matching fund request in the amount of$2,000. Staff recommends approval. SPDC Board of Directors Board Meeting—Monday, November 26, 2001 Page 2 6. Agenda Item No. 5D. Matching funds request from Southlake Women's Club for banner arms for placement of banners along Southlake Boulevard. The packet item cover memo describes this matching fund request in the amount of$1,000. Staff recommends approval. 7. Agenda Item No. 6A. SPDC Approval of Interlocal Agreement for Joint Use of CISD Carroll Intermediate School playing field. SPDC has approved funding for the construction of sport lighting at the Carroll Intermediate School (CIS) playing field, which is currently used by the Southlake-Carroll Lacrosse Association. This lighting will replace outdated lighting that was removed recently by CISD. Prior to expending the City funds however, we need to enter into a joint use agreement with CISD stipulating the responsibilities of each entity and the financial commitment. The Interlocal Agreement has been reviewed and recommended for approval by the Joint Utilization Committee (JUC) at their November 8, 2001 meeting (6-0). Staff recommends approval of the Interlocal Agreement. The City Council will also consider this item for approval at their November 26 meeting, and the CISD Board of Trustees will consider it at their December 10, 2001 meeting. 8. Other Items included in your packet for your information: • Sales Tax Report • Project Status Report We appreciate your commitment and service to the City. If you have any questions regarding the agenda or materials, please feel free to contact me at 481-1527. KH STAFF CONTACT INFORMATION: Sharen Elam, Director of Finance, 481-1713 Kevin Hugman, Director of Community Services, 481-1527 Steve Polasek, Deputy Director of Community Services, 481-1543 Ben Henry, Park Planning and Construction Superintendent, 481-1584 Chris Carpenter, Senior Parks Planner, 481-1585 City of Southlake, Texas MEMORANDUM November 15, 2001 TO: SPDC Board of Directors FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Matching funds request from Grapevine Southlake Soccer Association for Grade Rite field leveler Action Requested: SPDC approval of request from the Grapevine Southlake Soccer Association (GSSA) for matching grant funding in the amount of $2,000 for a Grade Rite field leveler. Background Information: The Grapevine Southlake Soccer Association has submitted a request to the City for consideration of matching funds for the purchase of a Grade Rite field leveler. Heavy use of the fields, general field maintenance, and natural weathering can cause undulations in open spaces over time. Once established, these low and high areas can cause improper field drainage, wear patterns, and disruptive playing conditions. The proposed field leveler would cut the high areas and use existing or added fill to raise the low spots. The leveler also contains spring tines which can be used to till and remove unwanted roots systems and debris from top soil prior to re-seeding. The cost of a 7' wide field leveler is approximately $4,000. Financial Considerations: Acceptance of this proposal would commit the City to fund the purchase of a field leveler for a cost of up to $2,000 as part of the FY2001/02 SPDC Matching Funds Program. The approved SPDC Matching Funds budget is $100,000. No matching funds have been allocated to date. Citizen Input/ Board Review: The Parks and Recreation Board approved recommendation to SPDC at their November 11, 2001 meeting (7-0). The Grapevine Southlake Soccer Association Board approved applying for the SPDC Matching Funds Grant at their September 10, 2001 meeting. Legal Review: Not Applicable. Alternatives: SPDC discussion and consideration may result in various project alternatives. Supporting Documents: Supporting documents include the following items: SPDC Board of Directors November 15, 2001 Page 2 ■ SPDC Matching Funds request form Staff Recommendation: SPDC approval for City participation in the purchase of a field leveler for an amount not to exceed $2,000 with funding allocated through the SPDC Matching Funds Program. SPDC Board of Directors November 15, 2001 Page 3 PROJECT MATCHING FUNDS REQUEST FORM Project Name: Surface Leveling Equipment Contact Person: Peter Gaal(GSSA Southlake Fields Commissioner) Mailing Address: 223 Timber Lake Way City: Southlake State: TX ZIP: 76092 Day Phone: 817-313-7026 Night Phone: Fax Number: Additional Contact Person: Judy Stanfield Day Phone: 817-410-9950 PROJECT DESCRIPTION: The Grapevine/Southlake Soccer Association(GSSA)provides organized,youth,recreational soccer within Grapevine and Southlake. Game fields are located in both cities. Within Southlake,Bob Jones Park is the area allotted for soccer play. The vision of GSSA is to have Bob Jones Park become the premier soccer complex within Southlake to service the needs of the soccer playing community of the city. -- - matching funds request is to purchase a 7'Grade Rite leveler. The GSSA is prepared to pay our portion of the matching t. The purchase of this equipment will allow the City to maintain the playing fields by leveling the fields to remove irregularities, ruts,holes and other uneven portions of the park that currently pose a safety risk to players and referees and detracts from game. The equipment will also be invaluable when new fields are created to insure a smooth and even playing surface. Upon purchase of the equipment and the subsequent leveling of game fields,Bob Jones Park will move a step closer to becoming a complete soccer complex. Proposed Start Date: November 28,2001 Projected Completion Date: 3 to 4 weeks Projected Cost: $4,000 Amount of Funds Requested: $2,000 `S/6-3 City of Southlake, Texas MEMORANDUM November 15, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Matching funds request from Southlake Women's Club for banner arms for placement of banners along Southlake Boulevard Action Requested: SPDC approval of the request from the Southlake Women's Club for matching grant funding in the amount of$1,000 for banner arms. Background Information: The Southlake Women's Club (SWC) has submitted a request to the City for consideration of matching funds for the purchase of banner arms and brackets. SWC hosts the annual Art in the Square, a juried event attracting more than 100 artists, and including street and stage performances, children's entertainment, and food and beverages. The event is a fundraising venue that allows SWC to provide funds to selected charities. Representatives of SWC have proposed placing banners along Southlake Boulevard to further generate advertising and interest for the event. They have approached TXU Electric about the use of their poles and have received verbal approval. SWC proposes that the City match funds for the purchase of banner arms and brackets, which will be usable for other events or seasonal promotions (e.g., City of Keller regularly places seasonal banners along Price Street and SH 377). Financial Considerations: Acceptance of this proposal would commit the City to fund the purchase of scroll bars and band brackets for a cost of up to $1,000 as part of the FY2001/02 SPDC Matching Funds Program. The approved SPDC Matching Funds budget is $100,000. No matching funds have been allocated to date. Citizen Input/ Board Review: Sherri Whitt, 2002 Art in the Square Chairman has submitted a letter committing $2,000 in funding. The Parks & Recreation Board voted 7-0 on November 12, 2001, to approve the matching fund request by the Southlake Women's Club and to forward their recommendation to SPDC. Legal Review: Not Applicable. Alternatives: SPDC discussion and consideration may result in various project alternatives. Southlake Parks Development Corporation November 15, 2001 Page 2 Supporting Documents: Supporting documents include the following items: ■ SPDC Matching Funds request form and letter from Sherri Whitt Staff Recommendation: SPDC approval for City participation in the purchase of scroll bars and banner brackets for an amount not to exceed $1,000 with funding allocated through the SPDC Matching Funds Program. N:\Parks&Recreation\BOARDS\SPDC\MEMOS\2001\11-01\Women's Club banner arms.doc sc-o Southlake Parks Development Corporation November 15, 2001 Page 3 PROJECT MATCHING FUNDS REQUEST FORM. Project Name: /i a re- e r- Contact Person: 3 n e r rUlk -�- - Mailing Address: 1 O U h t rr n t f City: S State: /'x ZIP '7G ay Phone: 1/7'/1 D -16&3 Night Phone: Fax No. �l 9 -'7 4 --O�3!7 Additional Contact Person: .! Lt, i e. i r'l '-�h Day Phone: ')'r Rot 1-43 de? V� G G rn s 817 3aQ - v4, 3g PROJECT DESCRIPTION: • • • • Required Start Date: Projected Completion Date: Z[. �p b 2 Projected Cost: 9 Amount of Funds Requested: %1 (9 o C) • • Lc.,Project and Community Matching Fund Request Policy, Page 4 of 3 Southlake Parks Development Corporation November 15, 2001 Page 4 • • 'R G AYL $C1U.d-Te Honorary Chairman Art in the Square 2001 featured 96 artists and attracted over 40,000 people. Rebecca Miller Participation increased by over 100%from the inaugural event in 2000 and we expect to NBC 5 Meteorologist attract even more artists and participants in 2002,Because of generous sponsors,the Southlake Women's Club provided over$80,000 in direct support to 12 deserving charities. Chairman For its'past accomplishments Art in the Square has been recognized and listed in the Sherri Whitt 2001 Art Source Event Book.I am pleased to let you know that plans are underway for the co-Chaim,en 2002 event which is scheduled for April 26-28,2002 at Southlake Town Square. Julie Minter The 2002 art festival jointly hosted by the City of Southlake, Southlake Women's Club the Vicki Cars City of Southlake and Southlake Town Square will again be a free jurled event showcasing President Southlake over 100 artists,the Kids Korner,continuous SI REET AND STAGE entertainment and food Women's Club,Inc. and refreshments in the street Le Bistro.The Star Telegram will publish an Art in the Robin Snyder Square tabloid in the Sunday edition prior to the event. Baylor Medical Center @ Grapevine, NBC 5, Dan Sweeney State Farm, Star Telegram and Fort Worth,Texas Board Magazine are early returning sponsors for 2002.We are extremely pleased to xtvisoryannounce Rebecca Miller,NBC 5 Meteorologist as Honorary Chairman for 2002, • ee Cardwell In order to increase attendance and better market the event, the Southlake Women's Club ;,,uthem Sales has secured$2000 from the Star Telegram to have banners made that will be mounted 10 Patsy Dupree to 14 days prior to the event on 10 to 15 TXU electrical poles along Fm1709/Southlake Deputy Mayor Pro Tern Blvd. from Commerce Street to Davis Blvd. For your information TXU Electric has given verbal permission for use of their poles, I am waiting for the necessary paperwork. Kelley Herring Star-Telegram Additional funds are needed for the scroll bars and band brackets.We are requesting $1000 under the Project and Community Matching Funds Request Policy through the SPDC Tel Milan and Parks and Recreation Board.The scroll bars and band brackets would become Milan Gallery property of the city'for future use.I have enclosed a statement of cost from Cartwright• Cami Spurgin Signs in Garland. • Renditions Please contact me at 817-410-9663 if you have any questions.Any additional marketing of Tom o'erien Art in the Square Is an excellent avenue of increasing exposure and revenue for the NBC 5 Gen.Mgr, merchants of Southlake which ultimately helps the City of Southlake. Brian Stebbins Cooper&Stebbins Respectfully Submitted by Sherri Whitt, Chairman 2002 Michael Stephens 1002 Chimney Hill Trail Hyatt DFW Southlake,TX 76092 Vicki Truitt State Rep.Dist.98 Andrew Wayne Re/Max Lone Star Sout//dm 9Vontew's,�ic g.'&. ` oec�92611 Sou i1ahee, `texas,76092 Jc - Southlake Parks Development Corporation November 15, 2001 Page 5 Cartwright Signs • 2631 S. Garland Ave. = Garland, Texas 75041 817-410-3833 FAX 817-329-2992 bepassOl @flash.net August 13, 2001 Shari Witt 1002 Chimney Hill Dr... Southlake, TX 76092 Re: SWC Banners • 2'x 6' DF banners fabricated and installed with Scroll bars and band brackets $ 292.90ea. 2' x 6' DF banners fabricated and installed with materials provided $ 227.90ea. Thank you, ` / Brenda Passariello. • sc-5 City of Southlake, Texas MEMORANDUM November 15, 2001 TO: SPDC Board of Directors FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: SPDC approval of the Interlocal Agreement for Joint Use of CISD Carroll Intermediate School Playing Field Action Requested: SPDC approval and recommendation to City Council to approve the Interlocal Agreement for Joint Use of CISD Carroll Intermediate School Playing Field. Background Information: The proposed interlocal agreement for Carroll Intermediate School playing field comes directly as a result of the proposed lighting of the field and use by local youth sports associations. The City, through the FY 2001/02 Southlake Parks Development Corporation (SPDC) CIP, allocated $150,000 for the construction of lights at the Carroll Intermediate School playing field. The new lights would replace those that were removed due to their age and poor condition. City and CISD staff have worked together over the past several months to develop a draft interlocal agreement for use of the proposed lighted field. Key points of the draft interlocal agreement include: • The City shall allocate $150,000 towards the construction of the proposed lights and oversee their construction while coordinating with the CISD. • A field maintenance fee will be established in accordance with the field maintenance fees already in place for youth sports associations. The City and the CISD will split the fees collected with fifty percent going to each entity. • The City shall remain the owner of the lights and associated equipment purchased and installed by the City. Furthermore, the City agrees to maintain the lighting and equipment for as long as it is in place. • The City will install a separate meter for the lights and be responsible for all electrical costs associated with them. • The CISD agrees to establish turf and shall maintain the field through proper mowing, aeration, irrigation and fertilization. The City will be responsible for any marking or lining of the field. CO�— SPDC Board of Directors November 15, 2001 Pave 2 ■ City use shall be from 4:30 p.m. until 10:00 p.m. on Monday through Friday, 8:00 a.m. until 10:00 p.m. on Saturdays, and 10:00 a.m. to 9:00 p.m. on Sundays. (The City does not currently have any usage scheduled for the months of June, July, and August.) • With the exception of pre-scheduled games, the CISD reserves the right to use the field beyond 4:30 p.m. during the week, or anytime on Saturday and Sunday for special school functions. CISD agrees to make every effort to provide appropriate prior notification. • Term of the agreement shall be for a period of no less than five years and shall be automatically extended for additional five year periods unless either party provides ninety days prior written notice of their intent to terminate. If approved, the lights would be scheduled to begin construction in January and would take approximately six to eight weeks to complete. Financial Considerations: The SPDC CIP allocates $150,000 in year 2001/02 for the purchase and installation of sports field lighting. Citizen Input/ Board Review: Funding for lights was approved by the SPDC at their September 18, 2001 meeting. City and CISD staff have discussed this issue on several occasions since that time. The Joint Utilization Committee recommended approval of the Agreement at their November 8, 2001 meeting (6-0). Legal Review: The proposed agreement was modeled after the previously reviewed and approved Joint Use Agreement for the Carroll Independent School District Natatorium. Alternatives: Input towards the proposed interlocal agreement as desired. Supporting Documents: Supporting documents include: • Proposed Interlocal Agreement for Joint Use of Carroll Independent School District Carroll Intermediate School Playing Field. Staff Recommendation: SPDC approval and recommendation to City Council to approve the Interlocal Agreement for Joint Use of Carroll Independent School District Carroll Intermediate School Playing Field. INTERLOCAL AGREEMENT FOR JOINT USE OF CARROLL INDEPENDENT SCHOOL DISTRICT CARROLL INTERMEDIATE SCHOOL PLAYING FIELD STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized City Council, referred to as the "City," and the Carroll Independent School District, a special purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees,hereinafter referred to as the"CISD", for documenting the joint use by the City of the CISD playing field located on the Carroll Intermediate School (CIS) campus at 1101 Carroll Avenue. WITNESSETH: WHEREAS, both the City and the CISD have determined the need for providing practice and game fields for youth sports within the community; and WHEREAS,Chapter 791, Government Code, and Section 271.102,Local Government Code authorize school districts and cities in the State of Texas to contract with one another for the providing of various governmental functions and services; and WHEREAS, Carroll Intermediate School currently has in place a previously lighted playing field; and WHEREAS, the City, through the Southlake Parks Development Corporation, has committed to allocating up to $150,000 towards the construction of sports lighting on the Carroll Intermediate School playing field; and WHEREAS, both the City and CISD could benefit from the joint use of a lighted playing field; and WHEREAS,the CISD,through its Board of Trustees, and the City,through its City Council, desire to cooperate with one another in the joint use of facilities for the enjoyment and benefit of all Southlake and CISD citizens. NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the CISD and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the CISD do hereby contract, covenant, warrant and agree as follows: November 15, 2001 - Page 1 I. ADMINISTRATION The CISD Superintendent or his or her designee and the City Manager or his or her designee shall be responsible for implementing and administering the policies and procedures as set forth in this Agreement. II. FUNDING The City shall allocate a total amount not to exceed $150,000 towards the construction of sports field lighting at the Carroll Intermediate School playing field. Funding in the amount of $150,000 is available through the City's Southlake Parks Development Corporation fiscal year 2001/02 capital improvements budget. The City agrees to oversee the construction of such sports lighting in cooperation and coordination with the CISD. A field maintenance fee will be established by the City, in accordance with field maintenance fees already in place, and assigned to the group utilizing the facility. The field maintenance fee assists in covering a portion of the cost of lighting and maintaining the facility. The City will retain fifty percent of the fees collected and provide to the CISD the remaining fifty percent. III. OPERATIONS AND MAINTENANCE The City shall remain the owner of any and all sports lighting and associated equipment purchased and installed by the City. The City agrees to maintain the sports lighting and associated equipment for as long as it is in place and up to and including its eventual removal. The City agrees to pay for the electrical costs associated with the use of the sports lighting and a separate meter assigned to the City shall be established. The City shall also be responsible for any marking or lining of the field as may be required by the user group. The CISD agrees to establish turf with appropriate irrigation on the playing field and shall maintain the grounds through proper mowing, aeration, and fertilization. The CISD shall be responsible for all maintenance and operating costs associated with the aforementioned functions. IV. FACILITY USAGE The City shall have use of the playing field Monday through Friday from 4:30 p.m. until 10:00 p.m., on Saturdays from 8:00 a.m. until 10:00 p.m., and Sundays from 10:00 a.m. until 9:00 p.m. The City will have the ability to assign the use of the field during these times and shall submit to the CISD a practice and/or game schedule for each year including the names of each assigned associations and their respective contact information. With the exception of pre-scheduled games, the CISD reserves the right to use the field beyond 4:30 p.m., Monday through Friday or anytime on Saturday or Sunday, for special school functions. The CISD agrees to make every effort to provide the appropriate prior notification to the City so that scheduling conflicts can be avoided. November 15, 2001 - Page 2 V. INDEMNIFICATION With respect to the CISD Property, the City does hereby agree, insofar as permitted by law, to hold harmless the CISD from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the CISD Property for a City activity during the time the City is conducting the activity on the CISD Property. The liability insurance policy carried by the CISD and by the City, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. VI. TERM The term of this Agreement shall be for a period of no less than five (5) years beginning from the date of execution of this Agreement. This Agreement shall be automatically extended for additional five(5)year periods. This Agreement may be terminated by either party at any time following the completion of the initial five (5) year Agreement by providing ninety(90) days written notice to the other party. The CISD agrees to work in good faith with the City to allow appropriate time for the City to remove the sports lighting to include poles, fixtures, and associated electrical requirements should the Agreement be terminated. If the term of any addenda attached hereto remains in full force and effect past the termination date of this agreement, then this Agreement shall also remain in full force and effect until expiration or termination of the addenda. This Agreement and any exhibits shall be reviewed by both parties on an"as-needed"basis and may be amended only if agreed upon by both parties. IX. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written consent of the other party,transfer, assign,pledge, or in any way encumber this Agreement, in whole or in part, or sublet the CISD Property or any part thereof. XI. CLAIMS Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or immunities provided to the parties under the Texas Tort Claims Act, Sections 101.001 et seq., of the Texas Civil Practice and Remedies Code. XII. ADDITIONAL AGREEMENTS This Agreement contains all of the agreements made by and between the parties hereto regarding the joint use of the CIS playing field and shall supersede the provisions regarding the CIS playing field contained within the Interlocal Agreement for Parks, Playground, and Other Recreation Facilities, and no additional agreements or understandings shall be applicable to the use of CIS playing field unless first agreed to, in writing,by the parties. November 15, 2001 - Page 3 Cp/7 -5- XIII. NOTICES Any notice given pursuant to this Agreement shall be given in writing and delivered or mailed by Certified or Registered United States Mail, postage prepaid, addressed as follows: If to City: City of Southlake Attn: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 If to District: Carroll Independent School District Attn: Superintendent 1201 North Carroll Avenue Southlake, Texas 76092 The designation of the person to whom, and the place to which notices are to be mailed or delivered may be changed from time to time by either party giving notice to the other party. XIV. MISCELLANEOUS PROVISIONS By execution of this Agreement, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform; b. The undersigned officer or agent of the party has been properly authorized by that party's governing body to execute this Agreement and that any necessary resolutions extending such authority have been duly passed and are now in effect; c. All payments required or permitted to be made by a party will be made from current revenues available to the paying party; and d. All payments provided to be made hereunder by one party to the other shall be such amounts as to fairly compensate the other party for the services or functions performed hereunder. XV. VENUE This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out of the terms and provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas. XVI. SEVERABILITY November 15, 2001 - Page 4 The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this Agreement should be determined to be invalid by a Court or a Federal or State Agency, Board, or Commission having jurisdiction over the subject mater thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. XVII. NON-DISCRIMINATION The District, in the execution, performance, or attempted performance of this Agreement, will not discriminate against any persons because of their age, sex, race, religion, color, or national origin, nor will the District permit its agents, employees, subcontractors, or participants to engage in such discrimination. XVIII. NON-WAIVER The failure of the City or the District to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's or the District's right to assert or rely upon such term or right on any future occasion. The parties agree that this Agreement may be executed in multiple counterparts, each having the same force and effect. CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL DISTRICT (CISD) By: By: Rick Stacy, Mayor Robert Glover, President Board of Trustees Date: Date: ATTEST: ATTEST: Sandra LeGrand, City Secretary Steve C. Harold, Secretary Board of Trustees November 15, 2001 - Page 5 I. City of Southlake, Texas MEMORANDUM November 15, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Award of bid to Green Scaping for trail construction at Bicentennial Park and Royal and Annie Smith Park. Action Requested: SPDC award of bid to Green Scaping in the amount of $167,840 for trail construction at Bicentennial Park and Royal and Annie Smith Park, plus a $5,000 project contingency, for a total amount not to exceed $172,840. Background Information: Bicentennial Park offers the most in athletic facilities with the completion of phased construction. The proposed trail would circle predominantly around the easterly perimeter of the park connecting existing trails and sidewalks to the planned TMB trail along North White Chapel. Trail width will vary in selected areas as indicated on the attached exhibit. Construction of the trail will replace the old asphalt trail that has deteriorated over the past years. Royal and Annie Smith Park is a 13 acre undeveloped park adjacent to the eastern boundary of Florence Elementary. The proposed eight-foot trail would provide a northern loop within the park as well as connect the planned off-road sidewalk along Johnson Road to the southern entrance of the school. Financial Considerations: The low bid submitted by Green Scaping for trail installation totals $167,840. Funding in the amount of$100,000 has been allocated in the Fiscal Year 1998- 99 SPDC budget for Bicentennial Park trail improvements. Funds remaining equal $99,747.64. Funding in the amount of$50,000 has been allocated in the Fiscal Year 1999- 2000 SPDC budget for Royal and Annie Smith Park. Funds expended for the demolition and removal of existing structures and debris equal $7,360 for a remaining fund balance of$42,640. Total funds available for trail construction amount to $142,387.64. Staff recommends funds of approximately $30,000 be used from the Neighborhood Park improvements line item ($150,000) to make up the difference and to provide a contingency of$5,000. ..8-/ Billy Campbell, City Manager November 15, 2001 Page 2 Citizen Input/ Board Review: Staff met with Florence Elementary Principal, Mrs. Petit for input and approval on the proposed trail for Royal and Annie Smith Park. The conceptual design of the trail for Bicentennial Park was included in the approved Parks, Recreation and Open Space Master Plan. Park Board approved the trail design at their September, 2001 meeting. Legal Review: Process followed State bidding procedures. Alternatives: Approve or reject the bids as submitted. Supporting Documents: - Bid Tabulation. - Bicentennial Park Trail Exhibit - Royal and Annie Smith Park Trail Exhibit Staff Recommendation: SPDC award of bid to Green Scaping in the amount of $167,840 for trail construction at Bicentennial Park and Royal and Annie Smith Park, plus a $5,000 project contingency, for a total amount not to exceed $172,840. ..ea g .. .. .tom Rae elliliK. J.ir , y. .04o- .1'.- .. . .- • 1\' ''N. J .' . . C.1.P. {A( 2cert. \� :.., % t'jy } ' '•°3' (mod. / �• � . l .p t�• • 6 • 1 -• �e Cade l •^ .I1. • ' •. . ,.. • i w ..!...,,, .. , , 1 i Q..-. 1 ..it 1 � t It i.. '`n —f- .1&.. �CAA).r•criJ rI t •Ij • y`r-/ , 1 -. 1M -1 _•i E;�1 I (.� - • \\I 4 x . --.�._ . t -fogar • IP it-'..17.4:-,.. 7.--....":-‘- 1 it NW. 41.1 _ _A alliiiie • H FtoY AJb AJ4iE smrrd.R4124 1 0 501K-WE 31A113 ( GREEN OAKS LANE ) i MOON J. Iii 11 at a k -_-_-_-_ 7,..--1 -- la 10 I LIN I LW a i CaIt own 1 ...--_ -re 7. 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Concrete Trail Installation Bid Opening: November 12, 2001 Company Name Greenscaping Miller Sierra Keck and Company SRO Royal and Annie Smith Park Bid Item Quantity Description Unit Subtotal Unit Subtotal Unit Subtotal Unit Subtotal No. 1 2,250 If 8' conc. Trail $ 24.00 $54,000.00 $ 26.90 $60,525.00 $ 31.04 $69,848.00 $ 34.00 $76,500.00 Bicentennial Park W Bid Item Quantity Description Unit Subtotal Unit Subtotal Unit Subtotal Unit Subtotal U . Ul No. 1 1,450 If 10' conc Trail $ 30.00 $43,500.00 $ 33.30 $48,285.00 $ 36.41 $52,800.00 $ 42.50 $61,625.00 No. 2 2,050 If 8' conc Trail $ 24.00 $49,200.00 $ 26.72 $54,776.00 $ 31.04 $63,632.00 $ 34.00 $69,700.00 No. 3 375 If 6' conc Sidewalk $ 18.00 $ 6,750.00 $ 21.00 $ 7,875.00 $ 26.04 $ 9,765.00 $ 28.00 $ 10,500.00 No. 4 25 If Conc. Drainage flume $ 60.00 $ 1,500.00 $ 60.00 $ 1,500.00 $ 163.20 $ 4,080.00 $ 100.00 $ 2,500.00 No. 5 LS Conc. Flume crossing $650.00 $ 650.00 $ 1,000.00 $ 1,000.00 $2,280.00 $ 2,280.00 $3,000.00 $ 3,000.00 No. 6 80 If 12-inch drainage pipe $ 28.00 $ 2,240.00 $ 85.00 $ 6,800.00 $ 118.50 $ 9,480.00 $ 100.00 $ 8,000.00 No. 7 LS Excavation and Hauling $ 4,000.00 $ 4,000.00 $ 18,500.00 $ 9,000.00 No. 8 LS Asphalt sidewalk removal $ 4,000.00 $ 5,000.00 $10,750.00 $ 7,000.00 No. 9 LS Panel sidewalk removal $ 2,000.00 $ 1,200.00 $ 2,978.00 $ 3,000.00 Total Amount Bid $ 167,840.00 $ 190,961.00 $ 244,113.00 $ 250,825.00 I SOUTHLAKE PARK DEVELOPMENT CORPORATION Capital Projects Status Report November 13, 2001 BICENTENNIAL PARK Park Trail- F.Y. 1998-99 Status: SPDC approved $100,000 for internal park trail improvements in FY 1999-2000. A concept plan was presented and approved by the Park and Recreation Board on September 10, 2001. An award of bid will be requested of City Council at the November 26, 2001 meeting. BOB JONES PARK Phase II with TPWD Grant- Status: The site plan was presented and reviewed by SPIN #1, the Parks and Recreation Board, and SPDC and City Council. The Texas Parks and Wildlife Department and the U.S. Army Corp of Engineers have approved completed plans. Construction had been progressing well until vandalism on July 15, 2001 took the playground and soccer concession building. The Texas Parks and Wildlife Department is aware of the circumstances at Bob Jones Park and agreed to provide extensions of time as necessary. Construction has resumed with vehicular paving improvements. Nature Center Planning- Status: Recgmmended improvements to the donated facilities were developed by the architectural design firm of Schutts Magee Associates, Inc. Necessary improvements and expected costs were presented to Park Board in May for input. Primary utilities to the facility are installed and complete. The Park Board is expected to name an ad-hoc committee in December to begin conceptual planning and programming for a proposed nature center. NEIGHBORHOOD PARKS Noble Oaks Park-F.Y. 2000-01 Status: The perimeter 8-foot pathway along South Carroll Avenue is complete. A basic concept plan for the park is included in the approved Park, Recreation and Open Space Master Plan. Construction of parking for Old Union Elementary School has provided needed parking access for the park. Page 1 Koalaty Park- F.Y. 2000-01 Status: All requested improvements previously planned are complete. Royal and Annie Smith Park—F.Y. 1999-00 Status: SPDC approved $50,000 for planning and construction of initial park improvements in FY 1999-2000. The conceptual park plan is included within the Parks, Recreation, and Open Space Master Plan update. Park maintenance staff has begun clearing and grubbing of the site. Arrangements have been made for removal of the house and garage. A concept trail plan was presented and approved by the Park and Recreation Board on September 10, 2001. An award of bid will be requested of City Council at the November 26, 2001 meeting. Lonesome Dove Park- F.Y. 1998-99 Status: Construction is complete on the boardwalk and concrete sidewalk. Planned improvements include the planting of additional trees with extension of the irrigation system. "Chesapeake"Park-F.Y. 1999-2000 Status: Matching funds with the developer were approved for construction. All contracted improvements are complete. Planting of trees by staff will begin Fall, 2001. "Sheltonwood"Park- F.Y. Status: A basic concept plan for the park is included in the approved Park, recreation and Open Space Master Plan. LINEAR PARKS AND TRAILS Continental Boulevard Trail (White Chapel to Davis)- F.Y. 1998-99 Design - Phase II Contract Completed: Consultant: Dunaway Associates, Inc. Status: Construction of the designed 6-foot pathway is complete. COMMUNITY FACILITIES Page 2 Recreation Center- Status: Based on City Council direction, staff submitted a grant application on July 31, 2001 for the Recreation Center. Park Board has reviewed the recreational components to incorporate in the preliminary plan. MATCHING FUNDS — COMMUNITY GROUPS Southlake Baseball Association— Approved by SPDC: Status: Proposed shade structures around the baseball backstops of fields #4, #5, #6, #7, #8, #9, and#10 are complete. Southlake Girls Softball Association— Southlake Equestrian Association— Approved by SPDC: September 27, 1999 / Approved by Park Board: September 13, 1999 /March 19, 2001 Status: SPDC approved $10,000 at the September 1999 meeting to install various items requested by the Southlake Equestrian Association. Completion of the northern parking lot continues. Grant components have begun with a completion date of Fall, 2001. JOINT-USE PROJECTS Joint-Use Projects- Status: City Council approved an interlocal agreement May 15, 2001 with St. Martin-in-the-Fields Episcopal Church for use of additional land for a practice ballfield. All improvements are complete. Signage for all Parks - Status: Available as needed. Page 3 SPECIAL PROJECTS F.Y. 2001 - In Progress $ 1,500.00 Bicentennial Park Trinity Well Repairs Complete $ 5,000.00 Tree Transplanting Complete $ 3,486.00 Bicentennial Park Ballfield Irrigation#4, #5, and#10 Complete $ 3,500.00 Lonesome Dove Park Grubbing and Clearing Complete $ 4,000.00 Bob Jones Roll-off Dumpsters Complete $ 1,600.00 Lonesome Dove Park Furniture Complete $ 5,000.00 Chesapeake Water Well Upgrade Complete $ 1,599.96 Speakers for Sound System Complete $ 2,730.00 Bicentennial Water Storage Level Indicator In Progress $ 4,000.00 Bicentennial Waterscape components Total $32,415.96 F.Y. 2002 - Complete $ 3,500.00 Bicentennial Park Maintenance Yard Concrete In Progress $ 5,000.00 Tree Transplanting N:\Parks&Recreation\BOARDS\SPDC\PROJ-STA\prof-s11.doc Page 4 SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1/2% SALES TAX REPORT Actual Budget Actual Estimated (budget-est.) % 2000-01 2001-02 2001-02 2001-02 Difference Change October $196,516 $ 195,470 $ 227,332 $ 227,332 $31,861 16% November 161,845 160,984 - 160,984 - 0% December 162,616 161,751 - 161,751 - 0% January 259,882 258,499 - 258,499 - 0% February 151,056 150,252 - 150,252 - 0% March 144,692 143,922 - 143,922 - 0% April 233,457 232,215 - 232,215 - 0% May 186,723 185,729 - 185,729 - 0% June 211,055 209,932 - 209,932 - 0% July 236,176 234,919 - 234,919 - 0% August 188,019 187,019 - 187,019 - 0% September 177,573 176,628 - 176,628 - 0% $2,309,609 $2,297,320 $227,332 $2,329,181 $31,861 Estimated sales tax collections as a % compared to FY 2000-01 0.85% SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1/2% SALES TAX REPORT Actual Budget Actual Estimated (budget-est.) 1999-00 2000-01 2000-01 2000-01 Difference Change October $155,259 $168,404 $196,516 $196,516 $28,112 16.69% November 150,165 162,810 161,845 161,845 (965) -0.69% December 125,632 136,241 162,616 162,616 26,375 17.10% January 176,808 191,776 259,882 259,882 68,106 53.55% February 135,803 147,228 151,056 151,056 3,828 3.29% March 120,289 130,448 144,692 144,692 14,244 13.02% April 182,799 198,169 233,457 233,457 35,288 19.92% May 148,210 160,812 186,723 186,723 25,910 17.34% June 150,396 163,210 211,055 211,055 47,845 33.59% July 190,883 206,959 236,176 236,176 29,217 15.29% August 153,898 167,005 188,019 188,019 21,014 15.12% September 151,760 164,608 177,573 177,573 12,965 9.45% $ 1,841,902 $ 1,997,670 $ 2,309,609 $ 2,309,609 $ 311,939 15.62% Estimated sales tax collections as a % compared to FY 1999-2000 25.39%