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1995-01-10CITY OF SOUTIILAKE JOINT UTILIZATION COMMITTEE Tuesday, January 10, 1995, 7:00 p.m. MINUTES Joint Utilization Committee Members Present: Rick Wilhelm and Buddy Luce, Co -Chairs, Stephen Apple, Robert Glover, and Bethann Scratchard. Staff Present: Bill Branum, Superintendent; Kim McAdams, Park Project Manager; Kevin Hugman, Assistant to the City Manager; Ted Glowacki, CISD Maintenance. Guest: Warren Anderson, Total Program Management. Agenda Item #1, Call to Order Buddy Luce called the meeting to order at 7:06 p.m. A quorum was present. Agenda Item #2, Approval of Minutes for November 8, 1994 Meeting A motion was made by Stephen Apple to approve the November 8 MINUTES. The motion was seconded and approved by the committee. Agenda Item #3, Revised Joint Use Facilities Usage Agreement Draft Rick Wilhelm explained that although there was not a quorum present at the last JUC meeting, those present went ahead and discussed the agreement and those suggestions have been incorporated into the Agreement before the committee tonight. Kevin Hugman said he forwarded the Agreement and a list of the unresolved issues to the City Attorneys and has been told that the Agreement is acceptable for execution, however, they did recommend changing the "termination" back to "one parry must agree," rather than "both" parties. Bill Branum said that one issue dealt with "settlLment of costs." He referenced the section of the Agreement that listed the gynuiasium/rec center as being a property of the Carroll School District. When does the City finally say that th. building is the school district's? Rick Wilhelm explained that essentially, the property is the school's, and what this is, is a method of funding the construction of the property and the method of funding construction needs to be repaid over some period of time. Whatever that time is, at that point when it is repaid, the question is, does the joint use continue? What happens at that time? Does it terminate the joint use? Bethann said that one issue was, that if in the fixture (i.e., 10 years from now), the CISD wanted out of the Agreement, would there be some formula that would say that the building is paid for? Rick brought up the purpose of passing bonds is to fund projects. Stephen Apple explained that the bonds do, up until now, state the key projects on the bond. Kevin Hugman said that the issue came up as a result of trying to build into the Agreement some assurances that the Contract [Agreement] would not be terminated before the useful life of the bond (20 years). Rick said the only issue is, the joint use of the agreement of the gym. It is the schools property. The question is, does the City have the right of use of the facility for additional time. Bill Branum suggested including wording in the Agreement, that the City does have the right of use for additional time. Stephen Apple brought up the issue of a "transferable clause." The City is trying to buy the use of a facility whether it be the one being built now, or if this one is discarded for some reason in the future, the City would still have the right to use another such facility because of their investment in the original gym built. Kevin Hugman explained the complications of trying to address the existing facilities and future facilities, and facilities such as the Middle School Gym where we have invested a lot of money, into one "umbrella" agreement and said that the "term" of the Agreement may be best addressed in the Addendum for the Middle School Gym. If so, if the "umbrella" agreement terminates, then the Addendum terminates. How do we ensure that the "umbrella" agreement stays in effect for the same length of time as the Addendum agreement? The Addendum agreement cannot be written with a longer life than the "umbrella" agreement. Rick pointed out that the way around it would be to have separate use agreements for each facility with a defined term that stands by itself and do away with the "umbrella" agreement. It was suggested to make the "term" 50 years (or whatever is appropriate). The specifics and terms of each facility should be spelled out in the Addendum because they are site -specific. The maintenance and liability issues can be in the "umbrella" agreement. Buddy Luce asked about the section of the Agreement describing District properties for use by the City or facilities the City builds that the District may take advantage of. Bill Branum talked about the language on page 4, (top of page) of the Agreement that pertains to maintenance. Because maintenance costs are unknown, they could apportion the expenses, after the first year instead of the District paying for all the utilities. Mr. Branum recommended that every quarter they do the review of the maintenance costs. Mr. Branum said that it was agreeable to the District to split the cost of maintenance (whether major or minor) 50150 with the City. Kim McAdams questioned whether we want to split everything or just the major maintenance of the gymnasium? Rick recommended including in the Agreement that the District is responsible for its minor maintenance and the City is responsible for its minor maintenance. Minor maintenance is to be performed under w-)rk orders. In the Addendum attached the the umbrella agreement, the City and the District could agree, among themselves, the reimbursement costs as to any specific project or facility. Then the committee discussed the expansion of the park [improvements to the Park] and how it might be shared with the District. Either party should not be binding to the other if they so choose to improve a facility. This is not clear in the Agreement. Item 5 of the Agreement - Major maintenance and repairs which cost over $5,000, and approved by both the City and District, should be shared 50150, but if either party declines, the other party is free to make that replacement/improvement. Replacements and improvements are considered Capital items and repairs (maintenance) are Expense items. Other issues were that of insurance coverage and "holding harmless" clause. Should the City and District be on each other's policies? Attorney needs to look at this section and the last paragraph; does it need to be in bold print? The Agreement covers this in Item 9. They discussed if the Agreement should be "notarized. " Section 1 - Does this refer to the calendar year or the school year? Bethann Scratchard recommended the school year. The list of District events needs to be submitted to the City by June 1st with approval required by July 1. Kim McAdams handed out the Reservation and Procedures forms that will be utilized. The group discussed rental fees, definition of residence, application and schedule requests. It was decided to remove the Request Form from the agreement and require the public to reserve a facility from the owner - whether that be the District or City. It would be too much of a problem to require all reservations go through the City. Bethann Scratchard made a motion to table the changes to the Interlocal Agreement until February 14 JUC meeting. Stephen Apr' � conded the motion. The committee voted unanimously to table to the February 14 me, . _m Bill Branum left the meeting for another appoirt:: ant with the District. Item #5, Progress on Gymnasium at Middle School Warren Anderson, Total Program Management representative, reported on the construction of the gymnasium at the Middle School. The site has been fenced off and the contractors are moving dirt. Project sign will be in place today. Progress is going okay even though there has been a lot of rain. Utility lines have been moved and water lines re-routed. Schedule -wise, the July 15 date is still feasible for completion, b»* anticipate a few extra days may be required for actual completion. Warren Anderson reported that the biggest unforeseen obstacle is with the architecture aspects regarding geo-technical tests for the soil at thL gym site. Their assumptions were different than the actual soil content. An additional 18" will need to be removed due to the moisture. This would allow for the kind of compaction needed for the slab. This is about a $44,000 add -on cost. They discussed options; bleacher funds could be used to pay the overage (add bleachers later, different ways to skim the building (split -face block or air -space block). $10,000 is available for general contingency. Mr. Anderson said they do not want to change the contract amount, but want to come up with options; they are now working with the architects and engineers to reduce the costs. Mr. Anderson said they will meet this week and will come back with alternatives. They expect a change order which would change the scope of the project, but not the dollar amount of the project. Item #4, Sig-nage - Rules & Regulations for Multi -Purpose Court Kim McAdams, Park Project Manager, presented the Rules & Regulations forms to the committee and discussed enforcement issues. During school hours, the District would enforce; after hours, the City would enforce the rules by authority of an ordinance or some joint resolution with the District. Stephen Apple made a motion to approve the Rules & Regulations for the Multi -Purpose Court, subject to approving [by City and District] an ordinance or resolution whereby the City will enforce after school hours and an amendment to the Rules allowing "no smoking allowed on the premises" and something to the effect, "not responsible for injury, etc." and something about safety equipment be added to the Rules. Bethann Scratchard seconded the motion. Stephen Apple then announced he was retracting his first motion and made a motion to table the Rules & Regulations for the Multi -Purpose Court until the rules can be reviewed again by the committee and resolve the issues mentioned in the first motion until February 14. The motion carried unanimously. Item #6, Adjournment A motion was moved to adjourned. Co -Chair, JUC, Rick ilhe:!3 X� f�Ole — C air, JUC, Buddy Luce ATTEST: Kevin Hugman, Assi ant to the City Manager c: I wpf les I joint II jucmin 01. 95 City of Southlake, Texas January 31, 1995 TO: Kevin Hugman, Assistant to the City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Joint -use Multi -purpose Court Signage and Enforcement Attached is the revised signage wording as suggested from the January JUC meeting and the City of Grapevine In -line Hockey Rink signs. Wayne Olsen, City Attorney, said that the city could enforce the rules by ordinance for our Joint -use facilities on school property. The city has a park rule ordinance number 515 that we could revise to include these rules that are not currently addressed and expand the enforcement to Joint -use sites on school property. It is not legally required, but he suggested that the school board adopt a resolution requesting that the city expand the park rule ordinance to include joint -use facilities on school property. I would like to suggest that the JUC consider recommending such to the School Board and the Parks & Recreation Board at their February meeting. LM CISD & City of Southlake JOINT -USE PROJECT MULTI -PURPOSE COURT Improvements Funded by Park Dedication Fees -1994 For reservation information call City of Southlake Parks & Recreation 481-5581 ext. 756 ENJOY YOUR STAY AND PLEASE FOLLOW THESE RULES & REGULATIONS: Hours: 6 am to 10 pm (lights on automatic timers) To turn on lights, flip switch north of court on utility pole. Park in designated areas only. No motorized vehicles or bicycles allowed on court. No alcoholic beverages allowed. This is a smoke free facility. All pets must be secured on a leash. Owner is responsible for pet's waste. No glass containers allowed. Littering is prohibited. Skaters (in -line or quad ) must wear safety gear when playing in rink: knee pads, elbow pads, gloves, helmets. Not responsible for accidents, skate & play at your own risk. Rules enforced by City Ordinances JOINT UTILIZATION COMMITTEE City Council/CISD/Parks Voting Members Rick Wilhelm (Co -Chairman) Richard Wilkinson 1330 Woodbrook Lane Principal Southlake, Texas 76092 Carrol Middle School H: 481-5073 1101 E. Dove W: (214) 855-7500 Southlake, Texas 76092 W: 481-2183 Bethann Scratchard (Park Board rep) 1410 Whispering Dell Street Jane Cousins Southlake, Texas 76092 Principal H: 481-3558 Johnson Elementary W: (214) 464-7439 1301 N. Carroll Avenue Southlake, Texas 76092 Buddy Luce (Co -Chairman) W: 481-2184 1850 Hunter's Creek Southlake, Texas 76092 Shana Yelverton H: 341-5417 Assistant City Manager W: 329-3000 City of Southlake 667 North Carroll Avenue Stephen Apple (City Council Rep) Southlake, Texas 2819 Rainforest Court W: 481-5581, ext. 705 Southlake, Texas 76092 H: 481-5490 Kim McAdams Park Project Manager Robert Glover, (School Board Rep) City of Southlake Electric Power Research Inst. 667 North Carroll Avenue 600 E. Las Colinas Blvd. Southlake, Texas 76092 Ste. 1550 W: 481-5581, ext. 757 Irving, Texas 75039 W: (214) 556-6501 Kevin Hugman Assistant to the City Manager City of Southlake Other Members 667 North Carroll Avenue Southlake, Texas 76092 Bill Branum W: 481-5581, ext. 710 Superintendent CISD ----~- 1201 N. Carroll Avenue Ted Glowacki Southlake, Texas 76092 CISD W: 481-5775 1201 N. Carroll Avenue Southlake, Texas 76092 Mike Murphy W: 481-4548 Assist. Superintendent Curriculum and Instruction CISD 1201 N. Carroll Avenue Southlake, Texas 76092 W: 481-5775 c: Iwpfi1esU011VnCo nmUte.Lst 2/10/95