Loading...
1994-05-182 1%W CITY OF SOUTHLAKE JOINT UTILIZATION COMMITTEE MEETING Wednesday, May 18, 1994, 7:00 p.m. MINUTES Committee members present: Rick Wilhelm and Buddy Luce, Co -Chairpersons. Members: Bethann Scratchard, Bill Branum, Janet Murphy and Ted Glowacki; City Staff: Tom Elgin. Agenda Item #1, Call to Order Meeting called to order at 7:30 p.m. by Rick Wilhelm. Agenda Item #2, Approval of April 12, 1994 Meeting MINUTES Motion was made to approve the April 12, 1994 meeting MINUTES. Unanimous with one abstention. �ft" "- Agenda Item #3, Administrative Comments Tom Elgin gave an overview of the handouts presented to committee members. They received copies of the April 12 MINUTES, PROCEDURES draft, compilation of comments from committee members pertaining to the Carroll Middle School Gymnasium Agreement, the Gymnasium Agreement, and a copy of the Feasibility & Construction - Gymnasium/Recreation Center Agreement. Rick Wilhelm thanked the city's staff members who compiled the comments regarding the Gym Agreement. At this time, Chairman Wilhelm recommended the Committee consider Item #5 at this time and consider Item #4 later. Agenda Item #5, Approval of Modified PROCEDURES Chairman Wilhelm stated the modified PROCEDURES reflect all the changes that the Committee had recommended. Janet Murphy made a motion to approve the modified PROCEDURES. Buddy Luce seconded. The vote was unanimous to approve. Agenda Item #6, Report on Additional Lighting Issues Ted Glowacki, CISD, reported that the lights have been angled down on the third base side of I�4w the field at the Carroll Intermediate School athletic field to re -direct the light; the neighbor with Joint Utilization Committee Meeting April 12, 1994 Page 2 the complaint approved the light angle. The light visors have been ordered. The Committee may need to consider installing a high fence and/or a net at the Carroll Intermediate School ball field to prevent the ball from knocking out nearby residents windows as has occurred. Mr. Glowacki will provide cost estimates for the fence and possibilities; and have Curtis Hawk contact the City Attorney to determine the liability the City and School District may have (if liable, go ahead and get it done - poll the committee - do not wait to act at June meeting) and report at the June meeting. The neighbor will be advised of the options the Committee comes up with to solve the problem. Mr. Glowacki also reported that the timers for the basketball court [multi -purpose outdoor court] have not been ordered. The electrical meter is in and the court is available for nighttime play. He reported the fencing around the court has been completed. A motion was made to authorize Ted Glowacki to resolve the problem [purchase and install fence and/or net or other solution], if he can do so within Budget; if there is some type of remedy that hasn't been discussed that might require the Committee to consider other options, he wait until the Board makes a formal decision. The motion was seconded and the vote was unanimous in favor of the motion. ,*,0, Agenda Item #7, Report on Athletic Fields at New School Site Bill Branum, CISD Superintendent, reported that the architects are redrawing where the fields will be and the parking lot. Agenda Item #4, Joint Use Agreement for Use of Gymnasium at the Middle School Co-chair Buddy Luce started the discussion off with his recommendation that this agreement not be "too item -specific" and to keep in mind that the original idea was that the CISD and the COS would work together in good faith without a lot of constraints and would resolve in an equitable way any inequities arising during construction or usage of the gym. Bill Branum, CISD Superintendent, stated that since this project is budgeted for $500,000, then a budget needs to be determined for all aspects of the gym (construction of facility/usage cost, etc.), and clarify first if $500,000 is going to cover the expenses to include construction and usage costs. He suggested that a construction sub -committee be formed (consists of one City rep and one School Rep and a couple of people, at large) to work out among themselves the details and make recommendations as to how this can best be implemented. The sub- committee would be responsible for 'change orders,' architectural approval, mundane aspects, etc. One determining factor in the cost, is the type of slab required, depending upon the type of soil. Another cost factor is that the fee will be negotiated with the architect. A thorough analysis of what are the cost of all fees and what are the results of the soil tests needs to be made. Then, the committee can know for sure if $500,000 is enough to build the type of gym they want. The cost to determine the fees and tests will be about $7,000. �w Joint Utilization Committee Meeting April 12, 1994 Page 3 If the committee can go ahead and authorize the preliminary soils testing, prepare architectural and construction documents and any other preliminary actions, then when the funds become available in June, the bids can be sought and opened/awarded and two weeks later, construction can begin. Construction could begin at the end of July with completion about six months later. Bethann summarized the original basic design of the gym that the committee approved. The committee discussed the need for the sub -committee, the Construction and Feasibility Committee; the general formation of the sub -committee (each party will have a representative[s]), the sub -committee will be in charge of the oversight of the project, except for major changes, the respective boards would make decision; the sub -committee would determine the feasibility of the construction of the gym for $500,000, considering all estimated costs and report findings and recommendations to Joint Use Committee. The District will have the responsibility to make decisions on the day-to-day construction, with the Sub -committee having general oversight (i.e. change orders) over construction of the gym and will report to the Council and School Board as to status of the project on a monthly basis. Bill Branum volunteered to represent the School District as a member of the sub -committee. Formal plans and budget must be approved by the City and School Board. The committee discussed the Items of Consideration (attached to Minutes). The following was recommended: Section 1, dealing with the design, construction should be addressed by the sub- committee. Section 2, Item 1 Will construction permits be waived by the City - the thought was that they would be; need the City to sign -off and included language in the JUC Gymnasium agreement. Item 2 Is zoning and platting required? Need to find out if platting is required; the District will do whatever is needed. Items 3 & 4 Payment of $500K - CISD does not prefer lump sum; payment will be made on a draw schedule, based on percentage of completion; architect will submit invoice monthly. Payment terms needs to be addressed in Agreement. �, Item 9 Should the project exceed $500K budget, who will pay? It was recommended that a "contingency" fund (10-15%) be included in cost to cover project. Another idea was to address this issue if it Joint Utilization Committee Meeting April 12, 1994 Page 4 comes up and not to include language in Agreement. The Agreement should include language to the effect that any excess funds from the project will be returned to the SPDC. The remaining Items of Consideration deal with "operations" and will be addressed in a USE AGREEMENT, which will be needed after the construction phase is complete. It was recommended to split the Gym Agreement under consideration at this meeting, into two (2) separate agreements, one to handle the feasibility and construction of the gym/rec center project, and one agreement, which will cover the actual usage (daily maintenance, etc) of the facility, which will be drafted prior to completion of the construction. Buddy Luce made a motion that the JUC form a feasibility sub -committee of City and School and SPDC representatives to perform a feasibility analysis regarding all related costs to the gymnasium at the Middle School and that this sub -committee would have general oversight and that the sub -committee will also be charged with the responsibility of utilizing the work considered tonight on the Items for Consideration pink document to create a document that generally deals with feasibility aspects and the design and construction aspects of the Middle School gymnasium project in conjunction with City and CISD and SPDC. Janet Murphy seconded. Unanimous decision to adopt. Branum asked if the Agreement could be modified as discussed with legalese corrected, ready to take to School Board meeting Friday. Agenda Item #6, Potential Joint Utilization Projects Scheduling of the ball fields, soccer fields, basketball courts, etc., was discussed. The Committee will get together to work out the procedures for scheduling school, city and citizens' events. It was mentioned that in the event of a conflict of schedules, the District would prevail. Next committee meeting will be held June 14, 1994. Joint Utilization Committee Meeting April 12, 1994 Page 5 ATTEST: Shana Rice, Assistant City Manager Attachments: Items of Consideration - Carroll Middle School Gymnasium c:I wpfrles joint jucminO5.18 A NOTE: All inclusions in this agreement should comply with the umbrella agreement. Joint Utilization Agreement CARROLL MIDDLE SCHOOL GYMNASIUM ITEMS OF CONSIDERATION "Whereas" Section 1. Utilization issues smaller. 2. Construction needs to be tied down. 3. What happens w/funding - is it there? Yes 4. Procedure for changes? 5. An Agreement should address the scope and authority of the SPDC Project Manager in regards to this project. Section 1 - Design specifications pre -construction construction phases 1. Include? ... The District will consult with City officials prior to design to ensure building and fire code requirements are met. City will have right to approve final building plans prior to construction. 2. Design - Selection of architect Establish scope of design Review of preliminary plans - approved by both parties Establish budget Construction- Approval of construction schedule Approval of plans and specifications Change orders - no changes to schedule or plans and specifications without City approval unless non -material (less than $ ) Change in budget line item - no changes to line items without City approval unless demonstrated savings in one Notice to City of contractor defaults, lien filing, etc. Name City and School as dual obligees in bonds Periodic reports by Architect to School and City Contractor to name City and School as additional insureds on required insurance. 3. Include? ...The City will give "technical review" approval of the bid specifications submitted by the District for compliance with building, fire and zoning regulations. 4. Project Manager should be involved in the preparation of bid specifications, evaluate bids, etc. 5. Include? ... Inspection Plan Review issues - normal building process construction procedures Section 2 - Construction Costs 1. Are permits, inspection fees waived? Page 2 2. What about zoning/concept plans approval and platting? 3. "equal share of payments" - is this statement accurate? 4. Will City pay CISD lump sum $500K up -front for construction, at completion of project, or intermittently (monthly)? Draw approval by Architect per Schedule of Values (approval delivered to City with draw request and back-up). 5. Suggest ... co -payment assigned to both District and general contractor. 6. Are "architectural" and "engineering" (soft costs) costs included in the $500K for cost of construction - what is the City's contribution? 7. If CISD is responsible for overseeing construction, must every invoice be presented to the City? (CISD pays on "contract percentage complete" basis rather than individual invoice) Is invoice submission related to "after construction"? 8. Include ... funding needs to be delineated - proceeds from half -cent sales tax. 9. Approval by School to fund all costs in excess of City's share. 10. Scoreboards - should a donation be pursued or should this expense be included and shared? Section 3 - Maintenance of facilit Should not the City or person or group using the facility be responsible for litter pick-up during their time of utilization? Examples of wording of another "Interlocal Agreement for Rec Facilities" reads: "The School District will provide routine maintenance during its scheduled time of utilization, including, but not limited to, litter pickup. The City will provide routine maintenance during its scheduled time of utilization, including, but not limited to, a turf care program and mowing. The City will be responsible for the payment of electric utility bills for tennis court lighting. Major maintenance, that costing over $5,000.00 per repair, will be the joint responsibility (50%/50%) of the School District and the City." The parties agree that for all scheduled school district activities on City property, and for all scheduled City activities on school district property, a representative of the sponsoring party will be in attendance. The parties further agree that maintenance of facilities immediately after scheduled events will be the responsibility of the sponsoring party, unless otherwise agreed by notation on the submitted schedule. 2. Should District and City agree to pay for damages to facility and/or equipment which occurs during its usage time? Insured: who pays deductible? Uninsured? 3. Address who is responsible for other -than -routine maintenance issues, the major repairs, i.e., Page 3 floor refinishing, a/c repairs, roof replacement, scoreboard upkeep, lighting repairs, bulb replacement, painting, etc. 4. Who furnishes consumable supplies, i.e., tolietry supplies, brooms, floor conditioner, mops, etc. Could be budgeted and shared. 5. Maintenance responsibility - City to pay flat rate; School responsible for maintenance costs. 6. When would the maintenance occur? At conclusion of school activities? 7. Do specific examples of maintenance procedures need to be spelled -out? i.e., floors swept daily and wet mopped when needed, restrooms cleaned daily, and debris cleared fromt he locker room area, nets replaced and backboards cleaned periodically, stands swept ocassionally, and air conditioning and heating units serviced annually. 8. What means will be in place to report needed maintenance? Section 4 - Schedule of use for gym/rec center 1. Monitoring/Scheduling - who pays for on -site employees? 2. Who authorizes other usages? i.e., churchs, civic clubs, etc? Requests in writing? 3. Include ... The District may schedule athletic events and practices during City time as available. 4. Rules of use to be established before use begins. 5. City recreation staff could be responsible for scheduling after 5:00 p.m. 6. School district could provide a copy of their schedule by August 1st of each year. This would allow time for scheduling Fall Recreational Programs. Section 5 - Utility costs 1. If, "the City shall reimburse the District for the cost of utilities at the gym/rec center during the time the facility is used by the City," how will these utility costs be determined? Propose City to pay flat rate; School responsible for utility costs? Section 6 - Security costs 1. Will security be provided by off -duty police officers? Section 7 - Term of Agreement Section 8 - Modification of Agreement provision Section 9 - Items not addressed in this Agreement are covered under blanket "Interlocal Facilities Agreement' Page 4 Micrallanannc Does this Gym Agreement need to include an "indemnity clause"? Examples from another Agreement reads, "With respect to the District Property, the City does hereby agree to indemnify and hold harmless and defend at its sole expense the District form any claims, damages, injuries, law suits, or causes of action arising out of or in any wqy connected with the possession of the District Property. All structural damage to the District Property shall be the responsibility of the City if the damage occurs during the time the City is in possession of the District Property." "With respect to the City Property, the District assumes no responsibility pursuant to this Agreement for any claims, damages, injuries or law suits, or causes of action arising from use of the property. It is further understood and agreed that the District assumes no responsibility pursuant to this Agreement for any design or construction defects of the City Property or for any claims, damages, injuries, law suits, or causes of action caused by or arising out of the defects. Except for acts of negligence of the District involving a motor vehicle, the City does hereby agree to indemnify and hold harmless and defend at its sole expense the District from any claims, damages, injuries, law suits, or causes of action arising out of or in any way connected with any design or construction defects or with the use of the City Property." 2. Liability - whose insurance defends/pays? 3. Include... location of school (northwest corner of Dove & Carroll) in case it is not always a middle school. 4. Address use of recreational equipment (such as volleyballs, ping-pong equipment, etc.) storage and use. Who pays? 5. Warranty items: School to give City notice with School to enforce. 6. Non -warranty items: ? 7. Gymnasium rules need to be determined by both parties and attached to agreement. This would include rules to protect the facility which should be mutually agreed and enforced such as: no blacksoles, no street shoes, no spitting, no dunking, and no food or drink allowed. 8. Signage including gym rules, rules for recreation free play and gym hours - included in budget? cAwpfilesljoinFlGYM Mayor: Gary Fickes Mayor Pro Tem: Jerry Farrier Councilmembers: Michael Richarme W. Ralph Evans Stephen W. Apple Sr. Jon Michael Franks Andrew L. Wambsganss City Manager: Curtis E. Hawk Assistant City Manager: Shana K. Rice City Secretary: Sandra L. LeGrand n City of Southlake June 1, 1994 JCL & Associates ATTN: Warren Anderson 128 E. Texas Street Grapevine, Texas 76051 Re: C.I.S.D. School Site on Shady Oaks Dear Warren: This letter is to follow up on our telephone conversation this afternoon regarding certain development processes for the above -referenced project. It is my understanding that the school district wishes to comply with the city's development regulations (e.g. zoning, platting, site planning, etc.). Listed below are the steps in the approval process and the approximate time necessary to complete each step: Zoning to "CS" Community Service + Concept Plan approval, approximately 8 weeks. Preliminary Plat + Preliminary Water, Sewer, and Drainage Plans, approximately 6 weeks (may be submitted simultaneously with the rezoning request). Final Plat, approximately 4 weeks. Site Plan, Landscaping/Irrigation Plans, Building Plans, approximately 3 weeks. You indicated that the school district planned to award the bid for site grading for the new facility in mid -September. Listed below is a timetable that I suggested to try and meet this schedule: 6/13/94 Rezoning Request ("CS") + Concept Plans 6/27/93 Preliminary Plat submitted by Cheatham & Associates Both of these items could be finalized by the City Council on August 2, 1994. 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 JCL & Associates June 1, 1994 Page Two 8/15/94 Final Plat submitted by Cheatham & Associates with final approval by the P & Z on September 8, 1994. Between August 2 and September 8, 1994, either your firm or the engineering firm should submit construction plans (including a site plan) to the building department for review, revisions, and approval. It should be noted that a mylar of the final plat should be filed with Tarrant County prior to issuance of any building permit. Attached please find copies of the required rezoning, concept plan and site plan applications and a 1994 submittal calendar. Should you have need of additional information, please call (817) 481-5581, extension 743. Sincerely, CITY OF SOUTHLAKE Karen P. Gandy Zoning Administrator cc Bill Branum C.I.S.D. Superintendent EM f (14W PROCEDURES OF THE CITY OF SOUTHLAKE AND CARROLL I.S.D. JOINT UTILIZATION COMMITTEE ARTICLE I GENERAL POWERS 1.01. The powers of the Southlake Joint Utilization Committee shall be to develop and adopt for recommendation formal arrangements for the joint use of C.I.S.D. and City of Southlake facilities and/or special projects. 1.02. The affairs of the committee shall be managed by its established membership. Number, Tenure, and Qualifications 1.03. The number of Joint Utilization Committee members shall be five (5) from the following community bodies. Each member shall serve a two (2) year term, from July 1 through June 30, except as noted below. (The initial term is deemed to have commenced on July 1, 1993.) Voting Committee Members a) Two (2) representatives appointed by the City Council of the City of Southlake. One (1) of which, shall be a member of the City Council. b) Two (2) representatives appointed by the Carroll I.S.D. One (1) of which shall be a member of the C.I.S.D. Board of Trustees. Any member appointed by the Board who is not a member of the Board shall be a resident of the City. c) One (1) representative from the Parks & Recreation Board as selected by the chairman of the Board. Ex-Officio Members a) One (1) ex-officio member from the Carroll I.S.D. staff shall be present at each meeting of the Joint Utilization Committee. b) One (1) ex-officio member from the City of Southlake staff shall be present at each meeting. No ex-officio member shall exercise voting powers. The terms of the original members shall be staggered to achieve continuity on the committee. Initially, the non -City Council appointee and the non-member Board appointee from the School Board will have the one (1) year term, while the remaining committee members will serve a two (2) year term. ARTICLE II COMMITTEE PROCEDURES Regular Meetings 2.01. The committee shall hold regular meetings on the second Tuesday of each month at 7:00 p.m., or as posted, at the Bicentennial Park Community Building located at 300 N. White Chapel Road. The committee co-chairs or any committee member may request the holding of a regular meeting at an alternate location. All regular meeting agendas shall be properly posted in compliance with the Open Meetings Act, Article 6252-17 V.T.C.S. City of Southlake staff will be responsible for all meeting preparation and posting requirements. ( Special Meetings 2.02. Special meetings of the Joint Utilization Committee may be called by or at the request of either co-chair or any committee member. All special meetings agendas shall be properly posted in compliance with the Open Meetings Act, Article 6252-17 V.T.C.S. Notice 2.03. Notice of all meetings of the Joint Utilization Committee shall be given in writing at least three (3) days prior to the scheduled meeting to the Committee members. However, in an emergency situation, staff may exercise the right to waive posting of notice as defined in the Open Meetings Act. Quorum 2.04. A majority of the voting members, three (3), of the Joint Utilization Committee shall constitute a quorum for the transaction of business at any meeting of the Committee. Manner of Acting 2.05. The act of a majority of the voting committee members present at a meeting at which a quorum is present shall be an act of the Joint Utilization Committee. l�kw (L Vacancies 2.06. A vacancy on the Committee for any reason may be filled by either the City Council, the C.I.S.D. Board of Trustees, or the Parks and Recreation Board, as appropriate, for the unexpired portion of the term. Removal 2.07. The Committee may act to recommend, to the entity that appointed the member, whether it was the City Council, C.I.S.D. School Board or Parks & Recreation Board, the removal of an individual from the Joint Utilization Committee when in the judgement of the Committee, the best interests of the Committee's charge would be served by such member's removal. Any member who misses two (2) consecutive meetings without a valid excuse my be subject to removal. A majority of voting members of the Committee who are present at a meeting shall determine the validity of such excuses. The Carroll I.S.D. Board, the Southlake City Council and the Parks and Recreation Board will have ultimate removal power over their respective appointees. Minutes 2.08. C.I.S.D. or City staff members shall be responsible for keeping minutes of the meetings of the Committee. These minutes shall be kept on file for review in the office of the City Secretary of the City of Southlake and the administrative offices of the C.I.S.D. ARTICLE III AMENDMENTS TO PROCEDURES 3.01. These procedures may be altered, amended, or repealed and new procedures adopted by a majority of the Joint Utilization Committee present at any regular or special meeting, if at least three (3) days written notice is given of an intention to alter, amend, or repeal these procedures at such meeting. APPROVED AND ADOPTED ON THE 3— DAY OF , 1994. c:1 wpftlesVointlProcedur.AGR PROCEDURES OF THE CITY OF SOUTHLAKE AND CARROLL I.S.D. JOINT UTILIZATION COMMITTEE ARTICLE I GENERAL POWERS 1.01. The powers of the Southlake Joint Utilization Committee shall be to develop and adopt for recommendation formal arrangements for the joint use of C.I.S.D. and City of Southlake facilities and/or special projects. 1.02. The affairs of the committee shall be managed by its established membership. Number, Tenure, and Qualifications 1.03. The number of Joint Utilization Committee members shall be five (5) from the following community bodies. Each member shall serve a two (2) year term, from July 1 through June 30, except as noted below. (The initial term is deemed to have Acommenced on July 1, 1993.) Voting Committee Members a) Two (2) representatives appointed by the City Council of the City of Southlake. One (1) of which, shall be a member of the City Council. b) Two (2) representatives appointed by the Carroll I.S.D. One (1) of which shall be a member of the C.I.S.D. Board of Trustees. Any member appointed by the Board who is not a member of the Board shall be a resident of the City. c) One (1) representative from the Parks & Recreation Board as selected by the chairman of the Board. Ex-Officio Members a) One (1) ex-officio member from the Carroll I.S.D. staff shall be present at each meeting of the Joint Utilization Committee. b) One (1) ex-officio member from the City of Southlake staff shall be present at each meeting. No ex-officio member shall exercise voting powers. The terms of the original members shall be staggered to achieve continuity on the committee. Initially, the non -City Council appointee and the non-member Board appointee from the School Board will have the one (1) year term, while the remaining committee members will serve a two (2) year term. ARTICLE II COMMITTEE PROCEDURES Regular Meetings 2.01. The committee shall hold regular meetings on the second Tuesday of each month at 7:00 p.m., or as posted, at the Bicentennial Park Community Building located at 300 N. White Chapel Road. The committee co-chairs or any committee member may request the holding of a regular meeting at an alternate location. All regular meeting agendas shall be properly posted in compliance with the Open Meetings Act, Article 6252-17 V.T.C.S. City of Southlake staff will be responsible for all meeting preparation and posting requirements. Special Meetings 2.02. Special meetings of the Joint Utilization Committee may be called by or at the request of either co-chair or any committee member. All special meetings agendas shall be properly posted in compliance with the Open Meetings Act, Article 6252-17 V.T.C.S. Notice 2.03. Notice of all meetings of the Joint Utilization Committee shall be given in writing at least three (3) days prior to the scheduled meeting to the Committee members. However, in an emergency situation, staff may exercise the right to waive posting of notice as defined in the Open Meetings Act. Quorum 2.04. A majority of the voting members, three (3), of the Joint Utilization Committee shall constitute a quorum for the transaction of business at any meeting of the Committee. Manner of Acting 2.05. The act of a majority of the voting committee members present at a meeting at which a quorum is present shall be an act of the Joint Utilization Committee. Vacancies 2.06. A vacancy on the Committee for any reason may be filled by either the City Council, the C.I.S.D. Board of Trustees, or the Parks and Recreation Board, as appropriate, for the unexpired portion of the term. Removal 2.07. The Committee may act to recommend, to the entity that appointed the member, whether it was the City Council, C.I.S.D. School Board or Parks & Recreation Board, the removal of an individual from the Joint Utilization Committee when in the judgement of the Committee, the best interests of the Committee's charge would be served by such member's removal. Any member who misses two (2) consecutive meetings without a valid excuse my be subject to removal. A majority of voting members of the Committee who are present at a meeting shall determine the validity of such excuses. The Carroll I.S.D. Board, the Southlake City Council and the Parks and Recreation Board will have ultimate removal power over their respective appointees. Minutes 2.08. C.I.S.D. or City staff members shall be responsible for keeping minutes of the C( meetings of the Committee. These minutes shall be kept on file for review in the office of the City Secretary of the City of Southlake and the administrative offices of the C.I.S.D. cL ARTICLE III AMENDMENTS TO PROCEDURES 3.01. These procedures may be altered, amended, or repealed and new procedures adopted by a majority of the Joint Utilization Committee present at any regular or special meeting, if at least three (3) days written notice is given of an intention to alter, amend, or repeal these procedures at such meeting. APPROVED AND ADOPTED ON THE T DAY OF QSI,L , 1994. c: I wpftlesVoint U'rocedur.AGR