1994-11-08Ilk
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CITY OF SOUTHLAKE
JOINT UTILIZATION COMMITTEE
Tuesday, November 8, 1994, 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; Diane Frost, Asst. Principal, Middle School.
Agenda Item #1, Call to Order
Rick Wilhelm called the meeting to order at 7:00 p.m. A quorum was present.
Agenda Item #2, Approval of Minutes for October 3, 1994 Meeting (joint SPDC/JUC)
A motion was made by Stephen Apple to approve the October 3 MINUTES as amended. The
motion was seconded. Mr. Glover abstained from the vote to approve.
Approval of Minutes for October 24, 1994 Meeting (joint SPDC/JUC)
A motion was made by Stephen Apple and seconded by Robert Glover to approve the MINUTES
of the October 24 Joint SPDC/JUC meeting. All members voted and approved the Minutes with
the exception of Rick Wilhelm and Bethann Scratchard, who abstained.
Stephen Apple noted that these Minutes will have to be approved by the SPDC separately.
Agenda Item #3, Joint Use Agreement for Carroll Middle School Gymnasium
Kevin Hugman, Assistant to the City Manager, presented the green FEASIBILITY &
CONSTRUCTION - CARROLL MIDDLE SCHOOL GYMNASIUM/RECREATION CENTER
agreement and pointed out the sections that need to be addressed. Section 3, pertaining to cost
of the project, needs to be amended to reflect the bid amount which was voted on and approved
by SPDC, School Board, and City Council. Also in Section 3, add "the City will pay the
invoices within 10 days of presentation of the invoice." In Section 4, relating to the need to
develop a usage and maintenance language that addresses the "term" of the agreement (perhaps
a longer term). The umbrella agreement which governs joint use of facilities is for two years
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with the option to renew on a yearly basis.
Kevin continued his presentation and presented the Carroll Middle School Gymnasium - Items
of Consideration (yellow) sheets. He explained that these comments were some of the concerns
that the committee had in May when they were looking at an "all in one type agreement" [use
and construction agreement] . He asked the committee to make their recommendations on the
following items.
• Cost of Project - Change the project cost from $500K to $805,000
Construction cost $723,835 + architectural fees (6.25%) + change orders (5%).
The source of funding will be in part, from the 1/2-cent sales tax funds and the
Park Dedication Fees.
• Payment of Invoices - Add language to reflect that the invoices are to be
processed within 10 business days after receipt. The invoice will be done on a
percentage of completion. The contractor will submit invoices to the architect
who will then authorize the payment. The School District will also approve
invoices for payment.
Stephen Apple made a motion to modify the Joint Utilization Agreement - Feasibility &
Construction Carroll Middle School Gymnasium/Recreation Center to include on Page 2, Item
6 the increased cost amount (increase from $500,000 to an amount not to exceed $805,000) and
also Item 7, add language that invoices will be paid within 10 business days after submission of
invoice. Since this item was only for "discussion" on this agenda, Mr. Apple withdrew his
motion and presented it as a suggestion. Kevin Hugman said staff would take his input and
work up an agreement and bring it back to the JUC at the next meeting to "consider."
The committee continued their discussion. Co-chair Rick Wilhelm told the committee that the
next area of input that the committee needs to give city staff is the Items of Consideration; how
will the gymnasium be built, coordinated, maintained, and used and for how long. Bethann
Scratchard mentioned that the length of the agreement should be 20 years which would be the
length of the bond. SPDC is the vehicle to pay the bonds. Mr. Apple remembered that the
committee had said that the length of the agreement must be at least 20 years - it could be more,
but not less - because of the financial responsibility. Bill Branum, Buddy Luce and Stephen
Apple suggested language be inserted into the agreement referencing that the intent is that the
gym be used 40-50 years, but under no circumstances, would it be used less than 20 years,
which is the life of the bond. Mr. Apple said that there needs to be some language which will
assure the community that for the $800,000 they are going to get 20 years worth of use. Rick
Wilhelm stated that he had concerns that the situation might be that a new facility [gym] might
be attached to an "older" building (which may be at the end of its useful life) and that the old
facility would govern the use of the new facility, with kids attending, other programs occurring
there, and if in fact, that facility does not meet minimum requirements, what are we getting for
our money. Mr. Wilhelm said he would like to see in the agreement, the flexibility of being
able to say that the City does not want to have a 20-year life for a particular facility if there is
a better use for the City and the school district. Mr. Wilhelm said he wanted to make it clear
that this is an unusual situation and that it is not necessarily binding on any other facility that
is built with bond funds. The committee would like to have something be built-in to any
agreement, which clarifies the "sense" of the committee regarding the binding of this agreement;
the ability of the School Board or the City to have the option to dissolve the agreement when
in the best interest of both parties. Mr. Apple stated that the intent is not to prevent either body
from acting independently; they both have the flexibility to determine the life of the agreement.
Buddy recommended language such as, "it is everyone's intent that this agreement endure for
the useful life of this structure and adjoining structures." He went on to add that another
paragraph be added which gives the City Council and the CISD the right to modify the
agreement based on needs, market conditions, or on circumstances at any time (this statement
should be included in ANY agreement between CISD and City). Maintenance aspects may also
need to be modified.
The committee discussed maintenance issues. The School District will have responsibility of
daily maintenance of the facility. The committee discussed using part of the fees that are
collected from the public for use of the facility, toward maintenance of the facility. When the
gym is complete, there will be some sort of history of the cost to maintain. Mr. Apple
recommended that the committee get input from the CISD and City Parks and Recreation
Department on all these items of the agreement before the JUC goes further.
Kevin Hugman explained that the umbrella agreement (pink sheets) addresses some very general
issues and does not address many of the issues on the yellow "Items of Consideration" sheet.
He continued that the philosophy was that the umbrella would have additional addendum added
as additional properties are added. The gym agreement should address certain specific items but
where possible, refer back to the umbrella agreement. If there are issues where the umbrella
agreement needs to be strengthened, then it would be modified. If there are issues pertaining
to specific a site, then that would be addressed in an addendum for that facility. Kevin asked
for input on items on the yellow sheets that the committee would like to address, to strengthen
the umbrella agreement.
The committee decided to give the umbrella (pink) and Items (yellow) sheets to the Parks and
Recreation and the District's committees for their input and have them bring them back to JUC.
These are the intents and the wishes that the JUC would like to operate under.
Buddy Luce suggested that Item #IV, of the umbrella agreement (pink), dealing with
maintenance, be slightly modified so the District will be responsible for normal and routine
maintenance of the facility with some provision, including, but not limited to gas and electrical
costs, and in the event of some extraordinary damage or unforeseen occurrence, or extraordinary
utility costs factor, that all parties understand they will review these costs and share in these
costs on an annual basis.
Item #4, Joint Use of Facilities at Carroll Elementary, Intermediate, Middle School and
Shady Oaks School
Kim McAdams gave the committee an overview of the need for soccer and baseball practice
fields. The committee talked about available sites and proposed sites. Shady Oaks site will be
available within the year and Bicentennial Park will have some within the year. There is some
other property that is being negotiated now for next year's use.
Rick Wilhelm asked about the advantage and disadvantage of the City coming into an existing
agreement between the Baseball Association and the school district. Baseball Association has
the full use, but if a Joint Use was entered, then they would have to share with other groups.
The Parks Board is now trying to arrange for all the groups or organizations to come under one
scheduling umbrella.
Bill Franks, scheduler for the Grapevine/Southlake Soccer Association was present and gave a
forecast of their needs. He presented a facts sheet showing the increase in population, the
number of fields available and the number of teams playing currently. He suggested a joint -
development of Meadowmere Park for the under 12 and up. Mr. Franks said that the greatest
need of the Soccer Association for this Spring and Fall was one lighted field. There may be
room at the Intermediate football field in the Spring, depending upon high school soccer
practice. Mr. Franks said he needs to know by mid -January if the field will be available for
practice.
Item #5, Adjournment
A motion was moved to adjourned.
Co -Chair, JUC, Rick Wilhelm
ATTEST:
Kevin Hugman, Assi44nt to the City Manager
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