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2001-12-18 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES DECEMBER 18, 2001 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Patsy DuPre. Members: Rex Potter, Greg Standerfer, and Tom Stephen. COUNCILMEMBER ABSENT: Keith Shankland. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Community Services Kevin Hugman; Senior Park Planner Chris Carpenter; Director of Economic Development Greg Last; Director of Human Resources Harold Cates; Deputy Director of Finance Lynn Warren; Director of Planning Bruce Payne; Senior Planner Dennis Killough; Director of Public Works Pedram Farahnak; Assistant to the Director of Public Works Valerie Bradley; Senior Engineer Charlie Thomas; City Engineer Mike Hutchison; Chief of Police Marlin Price; Manager of Building Services Malcolm Jackson; Public Information Officer James Kunke; City Attorney Debra Drayovitch; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the Work Session to order at 5:32 p.m. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. • Agenda item #5 -K, Award of bid to Dallas Desk, Inc., for furniture for the West DPS facility was deleted from the agenda. ■ Agenda item #5 -C, Approval of 2002 Facilities Utilization Agreement with Southlake Baseball Association was removed from the consent agenda. • During the work session the following items were added to the consent agenda: • Agenda Item #8 -A, Ordinance No. 480 -385, 1 Reading (ZA01 -106) Rezoning and Site Plan for GWWC Investments. • Agenda Item #9 -A, Resolution No. 01 -072, Military Leave Policy. • Agenda Item #10 -A, Request for a variance to Sign Ordinance No. 704 -A, for Panda Express. • Agenda Item #10 -B, Variance to Lighting Ordinance No. 693 -B for sports field lighting at Carroll Intermediate School. Regular City Council Meeting Minutes of December 18, 2001 Page 1 of 16 • Agenda Item #10 -E, Town Hall parking lot reimbursement agreement. The work session ended at 5:41 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1 -A, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 5:44 p.m. The City Council meetings are video and audio tape- recorded for future reference and copies are available upon request from the Office of the City Secretary. Agenda Item #2 -A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086 to seek legal advise from the City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and /or to deliberate regarding economic development negotiations. Council adjourned into executive session at 5:45 p.m. Council returned into open session at 7:00 p.m. Agenda Item #2 -B, Action Necessary /Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation /Pledge of Allegiance to the Flag Pastor Coy Quesenbury of Lonesome Dove Baptist Church led the invocation tonight, followed by Mayor Rick Stacy leading the Pledge of Allegiance to the Flag. Agenda Item #4 -A, Mayor's Report During the Mayor's Report, Mayor Stacy extended best wishes to everyone for a happy holiday season. City Councilmember Greg Standerfer announced that whereas our troops cannot receive packages during this holiday season, he urged everyone to send e-mails to the troops at wwwfoxnews.corn. Agenda Item #4 -B, City Manager's Report The City Manager had nothing to report this evening. Regular City Council Meeting Minutes of December 18, 2001 Page 2 of 16 Agenda Item #4 -C, SPIN Report David Baltimore, 1368 Holland Hills, Southlake, gave the SPIN Report. Mr. Baltimore stated he is the Senior Representative to SPIN. Mr. Baltimore stated there would be a SPIN meeting on December 19, 2001. He announced the SPIN Officers for the coming year. He also announced there would be a SPIN Standing committee meeting on January 8, 2002. Agenda Item #4 -D, Park Board Report Cara White who reported on the activities of the park board over the past month made the Park Board Report. She stated a Nature Center Committee was appointed and the Aventerra property was discussed by the board. Agenda Item #5, Consent Agenda Mayor Stacy stated that all items listed below are considered to be routine by the City Council and will be enacted with one motion. There will not be separate discussion of items unless a Councilmember 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 -A. Approval of the minutes of the City Council meeting held on November 26, 2001. The Minutes of the November 26, 2001, Regular City Council meeting were approved by the City Council as presented. 5 -B. Approval of 2002 Facilities Utilization Agreement with Southlake Baseball Association. Facilities utilization agreements are entered into each year with the various youth sports associations that the City provides facilities for. The agreements address such issues as season dates, insurance requirements, hours of play; field maintenance, field requirements, and concession stand use. The Parks and Recreation Board recommended approval of these agreements at its November 1, 2001 meeting. 5 -C. This item was removed from the consent agenda and added to the Regular Agenda. 5 -D. Approval of 2002 Facilities Usage Agreement with Southlake Girls Softball Association. Approved by the City Council as presented. 5 -E. Approval of 2002 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association. Regular City Council Meeting Minutes of December 18, 2001 Page 3 of 16 Approved by the City Council as presented. 5 -F. Approval of Commercial Developer's Agreement for Lot 7, Block 1, Clariden Ranch, Phase III (The Clariden School). The final plat for Lot 7, Block 1, Clariden Ranch, Phase III, on the North White Chapel Boulevard across from Bob Jones Park was approved on August 23, 2001. The developer's agreement covers the following public facilities being constructed by the developer: left turn lane on North White Chapel Boulevard, approximately 400' of Clariden Ranch Road; drainage improvements within the public right of way; and public water and sanitary sewer lines. Construction plans have been approved. The park fee is $17,600. Water, sewer, and roadway impact fee will be paid at the time of building permit request. 5 -G. Ordinance No. 813, 1 Reading, Changing the street name of Nolan Drive to South Nolen Drive from Grapevine city limit to Crooked Lane. Nolan Drive runs from Crooked Lane south to the city limits within the Cornerstone Business Park. Cornerstone Business Park Phase 1 was planned in 1998. The plat was filed with the street name inadvertently misspelled as Nolan; however, the construction was approved with the street name spelled Nolen. Therefore, the street signs were installed with the spelling as Nolen. The intent of the developer of Cornerstone Business Park, GenCap Partners, the developer, has formally requested that the street name be changed to reflect the correct name. The current tenants in Cornerstone Business Park, Phase I, are using Nolen as their address. The keep the name consistent with the two other segments of this street that have been planned north of Crooked Lane to S.H. 114, it is recommended that Nolan be changed to Nolen Drive. 5 -H. Award of bid to Wilson Contractor Services, L.L.P, for the construction of State Highway 114 Utility Relocations and approve Change Order No. 1. The City Council approved funds for the design and construction of utility relocations required as part of the S.H. 114 widening in the FY2000 -01 CIP. This project includes relocating portions of 12 -inch and 20 -inch water lines that cross S.H. 114 at Carroll and White Chapel, as well as relocating a water line that runs along S.H. 114 between Highland and Carroll. Staff also recommends executing a change order to install ductile iron pipe for the 20 -inch line, as opposed to reinforced concrete cylinder pipe. This project will be much easier to maintain in the future. Eight bids were received with Wilson Contractor Services being the low bidder at $823,275.100. 5 -I. Authorize the Mayor to enter into an Interlocal Agreement with the City of Grapevine for Animal Control Services. Regular City Council Meeting Minutes of December 18, 2001 Page 4 of 16 The Department of Public Safety has responsibility for enforcement of animal control ordinances within the City. This year's budget included a Field Services Officer whose primary duties will include animal control. Certain services, such as shelter services, adoption services, euthanasia, and rabies quarantine and testing are still needed. The current agreement with the City of Grapevine for animal control services provides that Southlake will pay a portion of Grapevine's entire animal control budget based on the percentage of use. This past year our percentage amounted to $57,566. Much of this use is Grapevine Animal Control officers responding to calls in Southlake. The new agreement is a cost - for - service agreement with a fee schedule for various services. Based on previous usage and the Field Services Officer's ability to handle many calls, the City estimates the cost under the new agreement to be less than $15,000 annually. The agreement will commence on January 1, 2002. 5 -J. Authorize the Mayor to enter into a Lease Agreement for seven police traffic motorcycles between Harley- Davidson of Dallas and the City of Southlake. The Department of Public Safety uses seven Harley- Davidson motorcycles for traffic enforcement, response to accidents and other calls for service. Previously conducted cost analysis has shown that it is more cost effective to lease these vehicles with maintenance included than to purchase and maintain them internally. Harley- Davidson of Dallas was the only bidder because of the inclusion of maintenance in the agreement. Our current lease, also with Harley - Davidson of Dallas, expired on December 15, 2001. The cost of $299 per month is the same as last year's cost. The total cost of the lease is $25,116 for the year. Adequate funds were budgeted for this expense. 5 -K. Deleted from this agenda 5 -L. ZA01 -114, Plat Revision for Lots 1R, 2R and 3R, Block 4, Cornerstone Business Park located between Silicon Drive, Nolan Drive, and Exchange Boulevard. The property is located between Silicon Drive, Nolan Drive, and Exchange Boulevard. The purpose of this request is to replat five lots into three and abandon easements located along the existing lot lines. The Planning and Zoning Commission recommended approval on December 6, 2001, subject to the Plat Review Summary. 8 -A. Ordinance No. 480 -385, 1 Reading (ZA01 -106), Rezoning and Site Plan for GWWC Investments, being 0.619 acres. Current zoning is "I -1" Light Industrial District with a requested zoning of "S -P- 1" Detailed Site Plan District with "I -1" Light Industrial District uses to include automobile service and oil and lube shop. This property is located at 955 Davis Boulevard in the North Davis Business Park at the southeast corner of Davis and Greenbriar. This site is directly north of the Mirage Car Wash. The applicant Regular City Council Meeting Minutes of December 18, 2001 Page 5 of 16 proposed a 2,500- square -foot automobile service, oil and lube shop with three service bays. The general service is limited to maintenance and minor repair as specified in the applicant's proposed uses. The primary issue during the P & Z hearing was the request for another driveway on Davis Boulevard. The applicant has concerns about the site not having its own driveway for access. The applicant also proposes joint uses of the existing Mirage driveway to the south and an adjacent driveway to the east that accesses Greenbriar. The P & Z recommended approval (5 -1) subject to the review summary, specifically approving development regulations as proposed and specifically denying driveway variance requests. Recommending the granting of a variance for a joint use drive at the common property line between this facility and Mirage Car Wash, abandoning the existing driveway and waiving the required bufferyard on the southwest corner of the property where the joint use drive would be, if agreed to by Mirage Car Wash. 9 -A. Resolution No. 01 -072, Military Leave Policy In response to the attacks of September 11, the nationwide activation of military reservists has brought these issues in employment law back to the forefront. After the Gulf War many veterans were having problems re- entering the workforce due to their prolonged absences from their jobs. The Department of Labor responded to these concerns with new legislation. The City's current policy coving military leave must be updated to reflect these recent changes in federal law. Specifically the Uniformed Services Employment and Re- employment Rights Act (USERRA) 38 U.S.C. 4301 through 4333, has made changes in this area of employment law. The law addresses changes in five major areas on how to call to active duty in the armed forces affects a person's employment; employee's pay, medical benefits, job availability, retirement, and application for re- employment. In addition, the policy before you offers eligible employees a Military partial Pay. The MPP will be calculated as the difference between the employee's total monthly salaries from the City at the time the employee was called to active duty and the employee's total monthly military salary during the first six months of active military duty. 10 -A. Request for a variance Sign Ordinance No. 704 -A for Panda Express located at 215 North Kimball Avenue. Panda Management, on behalf of Panda Express, is requesting a variance to Sign Ordinance No. 704 -A. The proposed sign has a 40 -inch panda bear logo surrounded by eight -inch and four -inch letters set in a circle. The storefront is approximately 20 feet from the access drive. The maximum letter /logo height for this distance is 12 inches. The minimum letter /logo height for all attached signs is 6 inches. The proposed 8 -inch letters are within the allowable height. The proposed logo height is a 333% increase over the allowable height. The proposed 4 -inch letter height is a 33% decrease under allowable height. The larger logo height causes the sign area to be larger than the area allowed by ordinance. The maximum area allowed per ordinance is .75 square feet of area for every one foot Regular City Council Meeting Minutes of December 18, 2001 Page 6 of 16 of width of building or lease space. The building width is 46 feet, so the allowable sign area is 34.5 square feet. The area of the proposed sign is 38.5 square feet is 11% increase. 10 -B. Variance to Lighting Ordinance No. 693 -B, for sports field lighting at Carroll Intermediate School located at 1101 North Carroll Avenue. This variance is being requested by staff in order to construct sports field lighting at the Carroll Intermediate School playing field. The City, through SPDC, would construct sports field lighting to accommodate the needs of the Southlake Carroll Lacrosse Association. The request for variance is due to two reasons: 1. Type of lighting- the Lighting Ordinance specifies that the lamps be high - pressure sodium (gold color lights). This type of light is not acceptable for sports fields since it is not a near- natural type of light. Staff requests the use of metal halide lighting identical to other sports field lighting. 2. Light intensity- the maximum foot - candles allowed by the ordinance does not meet the minimum intensity levels recommended by the Illuminating Engineers Society of North America for soccer and lacrosse. Lighting levels less than the minimum recommended would be a safety concern. The lights proposed for the CIS field are designed with the highest level of spillover light and glare control available. 10 -E. Town Hall parking lot reimbursement agreement. According to the City Manager, the city is in the process of final review of contracts for Town Hall parking. It may take some time to finalize the details of this contract. Because of this, the City would like to proceed with a reimbursement payment to Southlake Central Venture of the costs incurred to construct the asphalt improvements city employees are currently using. The city would like to make this reimbursement payment, based on the invoice submitted, with the understanding that it may, be credited towards the final parking lot agreement. [A copy of the invoice submitted is hereby attached to the minutes of this meeting]. Motion was made to approve Consent Agenda Items #5 -A, #5 -B, #5 -D, #5 -E, #5 -F, #5- G, #5 -H, #5 -I, #5 -J, and #5 -L; adding Items #8 -A, #9 -A, #10 -A, #10 -B, and #10E to the Consent Agenda; removing Item #5 -C from the Consent Agenda and adding it to the Regular Agenda; and deleting Item #5 -K from this agenda. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Stacy Nays: None Approved: 6 -0 vote Regular City Council Meeting Minutes of December 18, 2001 Page 7 of 16 Agenda Item #5 -C, Approval of 2002 Facilities Utilization Agreement with Grapevine - Southlake Soccer Association. The Grapevine Southlake Soccer Association (GSSA) currently serves approximately 2822 children during the fall season and 3103 during the spring season. The participants are between the ages of 4 and 19. Annually, the City of Southlake and GSSA enter into an agreement for the use of game and practice fields for spring and fall seasons. In general, the facilities utilization is intended to address such issues as season dates, insurance requirements, hours of play, field maintenance, field requirements, and concessions and use, among others. Boyd Dollar, 525 Brooks Court, Southlake. Mr. Dollar stated his concerns about the standard agreement for Bob Jones Park. He is opposed to the times of use at night. They want the park to be unique, when asked what he would change, he stated, the times of light usage for one year. He stated he wants to see "no play" after 9:00 p.m. with 30 minutes to clear the field. Director of Community Services Kevin Hugman stated the language is the same for all the organizations except for tournament play. He also commented that the lights at Bicentennial Park are on timers. The Soccer Association President stated they identified low use day to high use days. He asked the City Council to consider a lesser fee for soccer associations. He understands the fee was raised because of the light use. Mr. Dollar stated there was an agreement where there would be an understanding before this came to the Council. Richard Anderson, 4553 North White Chapel Boulevard, Southlake. Mr. Anderson stated he asked the Planning and Zoning Commission to put restrictions on the use of the lights because this is something new [lighted fields at Bob Jones Park]. He stated there is no noise in the neighborhood and it is noisy when kids are playing ball. He feels it is reasonable to put limitations on the use of lights and no playing on one night a week to give the neighbors a break from the lights and noise. Motion was made to approve the 2002 facilities utilization agreement with Grapevine - Southlake Soccer Association as submitted. Motion: Evans Second: DuPre Councilmember Potter commented that he could not support the lighting variance since it does not incorporate changes requested by the neighborhood at Bob Jones Park. Ayes: Evans, DuPre, Stephen, Standerfer, Stacy Regular City Council Meeting Minutes of December 18, 2001 Page 8 of 16 Nays: Potter Approved: 5 -1 vote Agenda Item #6, Public Forum Maria Chase, 600 Cherry Lane, Southlake. Ms. Chase spoke concerning "wildlife habitat" and wants to see wetlands and waterways protected from development. She stated she is not against developers, only how they go about taking down trees and etc. She asked the City Council to accept land and not money from Aventerra and she wants to see a wildlife habitat. Terri Hagar Schere, 620 Shady Oaks Drive, Southlake. Ms. Schere stated she is putting in a new business at Cherry Street and S.H. 114. She stated she is bringing the theatre to Southlake and calling it "Southlake Theatre Centre" school of performing arts. She stated she will be teaching classes in drama and those classes will begin January 14, 2002. [A copy of the information provided is hereby attached to the minutes]. Agenda Item #7 -A, Ordinance No. 480 -221A, 2 " Reading (ZA01 -032), Rezoning and Revised Concept Plan for Aventerra Southlake, Tract II, being 281.41 acres. Ordinance No. 480 -221A, 2 Reading (ZA01 -032), Rezoning and Revised Concept Plan for Aventerra Southlake, Tract II being 281.14 acres located north of State Highway 114 between North White Chapel Boulevard and Carroll Avenue. Current zoning is "C -2" Local Retail Commercial District; `B -2" Commercial Manufacturing District; "AG" Agricultural District; and "NR -PUD" Non - Residential Planned Unit Development District, with a requested zoning of "NR -PUD" Non - Residential Planned Unit Development District. Senior Planner Dennis Killough presented this item for 2 reading, noting on November 8, 2001, the Planning and Zoning Commission approved (6 -1) vote, subject to Concept Plan Review Summary No. 4, dated November 2, 2001; and requiring a 300' setback along Carroll Avenue. On November 26, 2001, the City Council approved the first reading (7 -0) vote subject to Concept Plan Review Summary No. 5, dated November 16, 2001, requiring a 300' setback subject to City Council discretion. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480 -221A, 2 " Reading, as approved on first reading. Motion: Stephen Second: Standerfer Ayes: Stephen, Standerfer, Potter, Evans, Stacy Nays: None Approved: 5 -0 vote Councilmember Patsy DuPre was out of the room and did not vote on ZA01 -032. Regular City Council Meeting Minutes of December 18, 2001 Page 9 of 16 Agenda Item #7 -B, ZA01 -033, Preliminary Plat for Aventerra Southlake, Tract II ZA01 -033, Preliminary Plat for Aventerra Southlake, Tract II, being 281.41 acres located north of State Highway 114 between North White Chapel Boulevard and Carroll Avenue. Current zoning is "C -2" Local Retail Commercial District; `B -2" Commercial Manufacturing District; "AG" Agricultural District and "NR -PUD" Non - Residential Planned Unit Development District. Senior Planner Dennis Killough presented the preliminary plat for Aventerra Southlake, Tract II. Councilmember Rex Potter asked if Council could look at the entire property at the same time. The applicant stated they are willing to look at the entire property. Don Allen, Carter & Burgess, Inc., 777 Main Street, Fort Worth. Mr. Allen stated they do not deny that it is best to look at the entire property. Motion was made to approve ZA01 -033, Preliminary Plat of Aventerra, Tract II, subject to the Preliminary Plat Review Summary No. 4, dated November 2, 2001, as presented. Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Evans, DuPre, Potter, Stacy Nays: None Approved: 6 -0 vote Agenda Items #7 -C through #7 -J International Building Codes The following 2nd Reading on the International Building Codes and 1999 National Electrical Code was considered in one motion and one public hearing. The items are as follows: 7 -C. Ordinance No. 814, 2nd Reading, Adoption of the 1999 National Electrical Code. 7 -D. Ordinance No. 815, 2nd Reading, Adoption of the 2000 International Building Code. 7 -E. Ordinance No. 816, 2nd Reading, Adoption of the 2000 International Energy Conservation Code. 7 -F. Ordinance No. 817, 2nd Reading, Adoption of the 2000 International Fire Code. 7 -G. Ordinance No. 818, 2 Reading, Adoption of the 2000 International Fuel Gas Code. Regular City Council Meeting Minutes of December 18, 2001 Page 10 of 16 7 -H. Ordinance No. 819, 2nd Reading, Adoption of the 2000 International Mechanical Code. 7 -I. Ordinance No. 820, 2nd Reading, Adoption of the 2000 International Plumbing Code. 7 -J. Ordinance No. 821, 2nd Reading, Adoption of the 2000 International Residential Code. Manager of Building Services Malcolm Jackson commented on the above noted ordinances, noting that no changes are applied to each code, this is an update of the codes. He commented that all codes are updated in three -year increments. PUBLIC HEARING: No comments were made during the public hearing regarding Items #7 -C, #7 -D, #7 -E, #7 -F, #7 -G, #7 -H, #7 -I, and #7 -J. Motion was made to approve the 2nd Readings of Ordinance Nos. 814, 815, 816, 817, 818, 819, 820, and 821 as presented. Motion: Standerfer Second: Potter Ayes: Standerfer, Potter, Stephen, Evans, DuPre, Stacy Nays: None Approved: 6 -0 vote Agenda Item # 7 -K, Ordinance No. 808, 2 "d Reading Ordinance No. 808, 2nd Reading, Abandoning a portion of the public right -of -way for Crooked Lane within the Cornerstone Plaza Addition from F.M. 1709 to approximately 466 feet south and authorizing the Mayor to execute a quit claim deed. Director of Public Works Pedram Farahnak presented Ordinance No. 808, 2nd Reading, noting the developer has substantially completed the construction of South Nolen between F.M. 1709 and Crooked Lane. The contractor is completing work on the punch list and second reading of the ordinance will be delayed if the street is not 100% complete and open to traffic. All existing utilities located within the right -of -way of this section of Crooked Lane have been relocated to the new South Nolen Drive right -of -way. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 808 on 2nd Reading as presented. Motion: DuPre Second: Evans Ayes: DuPre, Evans, Standerfer, Potter, Stephen, Stacy Nays: None Approved: 6 -0 vote Regular City Council Meeting Minutes of December 18, 2001 Page 11 of 16 Agenda Item #7 -L, ZA01 -119, Revised Site Plan for Block 23, Southlake Town Square, Phase 3 ZA01 -119, Revised Site Plan for proposed Block 23, Southlake Town Square, Phase 3, located on the north side of East Southlake Boulevard (F.M. 1709) approximately 900' west of Village Center Drive. Current zoning is "NR -PUD" Non - Residential Planned Unit Development. Senior Planner Dennis Killough presented ZA01 -119, noting this proposal revises the previously approved plan containing approximately 30,000 square feet of retail /office space that also contained a drive - through bank. The revised plan proposes approximately 49,000 square feet of retail /office space. Blue Mesa Grill and Pei Wei restaurants are included in the proposal. Blue Mesa serves southwestern cuisine and Pei Wei serves Asian cuisine. The following variances are requested: • Building articulation • Allow use of synthetic masonry product in excess of 80% on facades not facing a public street • Relief from required bufferyard along interior lot lines • Deferral of required bufferyard along the north boundary until construction on Block 22 • Allow bufferyard plantings similar to Phase I • Driveway stacking depth • Pitched roof requirement for building footprints 6,000 square feet or less These variances are common to the Southlake Town Square development because of its architecture and landscape style. The Planning and Zoning Commission recommended approval (6 -0) on December 6, 2001; subject to the review summary and granting requested variances. Brian Stebbins, applicant. Mr. Stebbins was present for the meeting but had no comments. Motion was made to approve ZA01 -119, Revised Site Plan for proposed Block 23, Southlake Town Square, Phase 3, subject to the Revised Site Plan Review Summary No. 1, granting the variances as noted above. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Stacy Nays: None Approved: 6 -0 vote Regular City Council Meeting Minutes of December 18, 2001 Page 12 of 16 Agenda Item #7 -M, ZA01 -120, Revised Preliminary Plat for Proposed Block 22 and 23, Southlake Town Square ZA01 -120, Revised Preliminary Plat for proposed Block 22 and 23, Southlake Town Square, located on the north side of East Southlake Boulevard (FM 1709) approximately 900' west of Village Center Drive. Current zoning is "NR -PUD" Non - Residential Planned Unit Development. Senior Planner Dennis Killough presented ZA01 -120, noting this is the preliminary plat for the previous item on your agenda. This plat also includes the block to the north because of a boundary adjustment between the two blocks. The purpose is to subdivide Block 22, the south block, to allow each building to be on its own lot. There are not significant issues regarding this item. The Planning and Zoning Commission recommended approval (6 -0) on December 6, 2001, subject to the review summary. Motion was made to approve ZA01 -120, subject to the Revised Preliminary Plat Review Summary No. 1, dated November 30, 2001. Motion: DuPre Second: Potter Ayes: DuPre, Potter, Stephen, Evans, Standerfer, Stacy Nays: None Approved: 6 -0 vote Agenda Item #8 -B, ZA01 -107, Plat Revision for Lots 46R1 and 46R2, Block 4, being 2.63 acres located at 1371 Lakeview Drive. ZA01 -107, Plat Revision for Lots 46R1 and 46R2, Block 4, being 2.63 acres located at 1371 Lakeview Drive. Current zoning is "SF -1A" Single Family Residential District. Senior Planner Dennis Killough presented ZA01 -107, noting the purpose of this request is to subdivide the property into two lots. The plat is in compliance with all applicable City ordinances. There were a few neighboring property owners opposed to the request. The applicant has met all applicable City ordinances, and the City has no enforcement ability on any deed restrictions or covenants in place on the property. The Planning and Zoning Commission recommended approval (4 -2) on December 6, 2001, subject to the review summary. Commissioners Muller and Boren dissented due to opposing neighbors and because no SPIN meeting was held. Motion was made to approve ZA01 -107 [because we don't have a choice as it is within the city ordinances] subject to the Plat Review Summary No. 3, dated December 14, 2001. Motion: Standerfer Second: Potter Ayes: Standerfer, Potter, Stephen, Evans, DuPre, Stacy Nays: None Approved: 6 -0 vote Regular City Council Meeting Minutes of December 18, 2001 Page 13 of 16 Agenda Item #10 -C, Variance to Lighting Ordinance No. 693 -B for Sports Field Lighting at Bob Jones Park Director of Community Services Kevin Hugman presented this item noting this variance is being requested for the same reasons as agenda item #10 -B. There were approximately 30 -40 people in attendance from SPIN #1 at the meeting held on Wednesday, December 5. Most questions involved issues of whether lights were already decided, the noise levels of soccer players, the hours that lights would be allowed to be on, and the lighting system. The issue of allowed times for lighting are addressed in the Facilities Utilization Agreement. Lighting of three soccer fields has been identified since the 1997 Bob Jones Park Master Plan and was part of the 1997 Texas Parks and Wildlife grant for Bob Jones Park. The lighting component also has been identified in the SPDC CIP as part of the Bob Jones development since the FY 1998 CIP budget. After the construction of the fields, GSSA did not need the three fields for game purposes, so two large practice areas were marked off. When funding became available for the game field lighting, the lighting plan was developed to accommodate the original three fields planned and needed by GSSA. The lights proposed for the Bob Jones Park soccer fields are designed with the highest level of spillover light and glare control available. The lights meet the ordinance requirements for spillover light to adjacent residential. Planning and Zoning Commission recommended approval (6 -0) of the requested variances at its December 6, 2001 meeting. Cara White, Park Board member. Ms. White referenced the 1997 plan from Schrickle Rollins and stated she is concerned with the height of the polls. Kevin Hugman stated the engineers proposed 70' polls and staff does not wish to second guess the engineers. Richard Anderson, North White Chapel Boulevard. Mr. Anderson stated when you are in an area that is not populated, it creates the ambiance. He stated he was on the Park Board for three years because he lives in the area in Bob Jones Park. He stated the land is not suitable for three adult fields so they changed the plan to two adult soccer fields when he was on the board. Julie Landesberg, North White Chapel Boulevard. Ms. Landesberg stated they were told at a SPIN meeting that there would be three adult fields and possibly six youth fields. She stated Council must take into consideration the residents in the area. There is a lot of noise with the soccer games in a quite part of town. Boyd Dollar. Mr. Dollar stated the City Council has been asked to approve lights for a plan that does not exist. Chairman of the Grapevine - Southlake Soccer Association, 1022 Diamond Boulevard. He commented that the soccer fields are very age specific. Not like other sports where fields Regular City Council Meeting Minutes of December 18, 2001 Page 14 of 16 are standard. They are looking at two fields with one field for eight year olds. And the six year olds at the small fields. Jim O'Brien, Soda Ridge Road, Southlake. Mr. O'Brien stated he feels they are being treated very unfairly. There is a lot of difference between two and three fields. Motion was made to approve the variances as requested. Motion: Stephen Second: Evans Councilmember DuPre commented that Council has to look at the entire community when they vote on an issue. Councilmember Potter commented that he could not support the lighting variance since it does not incorporate changes requested by the neighborhood at Bob Jones Park. Ayes: Stephen, Evans, Standerfer, DuPre, Stacy Nays: Potter Approved: 5 -1 vote Agenda Item #10 -D, Award of Contract to Musco Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School Playing Field Director of Community Services Kevin Hugman presented this item noting that the lighting systems for both Bob Jones Park and Carroll Intermediate School will employ the highest level of design for spillover light and glare control. This system is the Total Light Control System developed by Musco Sports Lighting and is the same system used by CISD at the new middle /intermediate school football field on Kimball. In addition, recognizing that lighting issues would be especially sensitive to the Bob Jones Park area, a "control link" system will be purchased, allowing the City to access the automatic timer system through a telephone link or the Internet. This will allow much better control of lighting operation over the mechanical timers currently used at Bicentennial Park. SPDC considered the award of contract at its meeting prior to the City Council meeting tonight. Staff recommends the award of contract to Musco Sports Lighting in the amount of $371,551.65 with a project contingency of $3,448.35 for a total project cost of $375,000. Motion was made to award the contract to Musco Sports Lighting as presented, subject to changes. Motion: Stephen Second: Evans Ayes: Stephen, Evans, DuPre, Standerfer, Potter, Stacy Nays: None Regular City Council Meeting Minutes of December 18, 2001 Page 15 of 16 Approved: 6 -0 vote Agenda Item #2 -A, Executive Session Return Mayor Rick Stacy advised the audience that the City Council is returning to executive session pursuant to the Texas Government Code, Section 551.074 to deliberate regarding personnel matters. Council returned to executive session at 9:10 p.m. Council returned to open session at 10:41 p.m. Agenda Item #2 -B, Continued Motion was made that we approve the amendments to the employment contracts of the city manager and the city secretary as discussed with each of them in executive session. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Stacy Nays: None Approved: 6 -0 vote Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the meeting at 10:44 p.m. Mayo Rick Stac , - ATTEST: so' s � l .9'� . /�. �. L�ll /�, •: ; Sandra L. LeGrand = . • • ti 7. • •c City Secretary • • •& -'s II /IAAAe Regular City Council Meeting Minutes of December 18, 2001 Page 16 of 16 {_ = City of Southlake • - City Manager's Office • Mayor: December 14, 2001 Rick Stacy Mayor Pro Tem: W. Ralph Evans Brian Stebbins Deputy Mayor Pro Tem Cooper & Stebbins, L.P. Patsy DuPre 1256 Main Street, Suite 240 Councilmembers: Southlake, TX 76092 Rex Potter Keith Shankland Re: Town Hall Parking Standerfer g Tom Stephen City Manager: Dear Brian: Billy Campbell Assistant City Manager: We are in the process of final review of contracts for Town Hall parking Shana Yelverton which we intend to present to you shortly. I realize that it may take some City Secretary: time to finalize the details of this Contract. Because of this, the City would Sandra LeGrand like to proceed with a reimbursement payment to Southlake Central Venture of the costs you have incurred to construct the asphalt improvements City employees are currently using. We would like to make this reimbursement payment, based on your invoice submitted, with the understanding that it may, if applicable, be credited towards the final parking lot agreement. If this is agreeable to you, please let me know as soon as possible. I would like to get this on the Council's agenda for the 18 Sincerely, Bill am Ci anager 1400 Main Street, Suite 460' Southlake, Texas 76092 (817) 481 -1653' FAX (817) 481 -1463 AN EQUAL OPPORTUNITY EMPLOYER" OUTHLAKE VENTURE WEST, L.P. OUTHLAKE TOWN SQUARE S o u r t� L g K F 1256 Main Street Suite 240 TOWN S� A � outhlake, Texas 76092 . _ r - (817) 329 -8400 Date Fa ,617) 251 -1717 5/15/01 .,ity of Southlake Town Hall 400 Main Street Southlake, Texas 76092 • Invoice REIMBURSEMENT OF COSTS TO CONSTRUCT 231 SPACES FOR CITY HALL PARKING AND ONE DUMPSTER ENCLOSURE - Avg. Al. Parking Spaces: Per _ Hard Costs Cost per space No. of spaces Total Space ,lard costs surface- parking $1,439.37 221 $318,100' yN �k Hard costs street - parking $2,667.51 10 26,675 .9 }� Total hard costs 344,776 $1,493 Soft Costs 'ivil Engineering pro -rata costs based on the following: • Fee for Graham Engineering: $18,880 centage of fee applied to Town Hall parking design 40% and documentation Civil Engineering pro -rata share of actual costs 7,552 .rchitectural Design pro -rata costs based on the following: Architectural Design Fee: $225,030 AIA/B 141 Contract with Beck Architecture Dated November 11, 1999 Percentage of Design Fee applied to Town Hall Parking 10% . 22,503 design and documentation Town Hall Parking Share of Reimbursables $16,071 x 10% 1,607 ,rchitectural Design pro -rata share of actual costs 24,110 Total Soft Costs 31,662 137 Total Cost for 231 Parking Spaces $376,437 51,630 )umpster Enclosure: • Cost of one Dumpster Enclosure $13,385 Total Due for 231 Parking Spaces and One Dumpster Enclosure $389,822 u4\ \ \O Please Make Check Payable To: Southlake Venture West, L.P. t0 eY 5/15/01 / 12:03 PM J: 1doclfinancelaccountinglgenera1 121301 city hall parking inv.cF� THLAKE THEA CENTRE ACT UP! Give the Gift of Creativity This Holiday Season! Southlake Theatre Centre's School of Performing Arts is Now Taking Reservations for Winter 2002 Classes. • More than 40 preschool to adult offerings in Acting, Theatrical Production, Dance and Music • Experienced teachers guide classes, productions and showcases through the theatrical process • Classes encourage and enhance creativity and cultivate positive self- image, social and leadership skills 4 • Two rehearsal studios and a 90 -seat theater give students a hands -on opportunity to be a part of a live theatrical production • Class capacities limited to ensure quality, personalized instruction REGISTER NOW Classes Begin January 14 and Space is Limited. SOUTHLAKE THEATRE CENTRE School of Performing Arts 2008 East Northwest Highway in Southlake (Just west of Kimball on Highway 114) (817) 421 -5050 or Metro (877) 421 -5050 SOUTHLAKE THEATRE CENTRE School of Performing Arts Acting Class Schedule Course Age Level Class Duration Day Time Tuition Creative Capers Kindergarten & 1st Grade 8 weeks beginning Jan. 14 Tuesday 3:30 -4:15 pm $ 90 Magic Journey Kindergarten & 1 Grade 8 weeks beginning Mar. 18 Tuesday 3:30 -4:15 pm $ 90 The Acting Space 2nd & 3rd Grade 17 weeks beginning Jan. 14 Monday 5 -6 pm $220 Adventures in Acting 2nd & 3rd Grade 17 weeks beginning Jan. 14 Thursday 4 -5 pm $220 Reader's Theater I 2nd & 3rd Grade 17 weeks beginning Jan. 14 Thursday 3:30 -4:30 pm $220 Into the Act 4th & 5th Grade 17 weeks beginning Jan. 14 Tuesday 4 -5 pm $220 Stage Right 4th & 5th Grade 17 weeks beginning Jan. 14 Monday 4 -5 pm $220 Reader's Theatre II 4th & 5th Grade 17 weeks beginning Jan. 14 Thursday 4 -5 pm $220 Make 'Em Laugh! 6th & 7th & 8th Grade 17 weeks beginning Jan. 14 Monday 6 -7 pm $220 "' Ensemble Co. 6th & 7th & 8th Grade 17 weeks beginning Jan. 14 Tuesday 5 -7 pm $220 Playwright, Inc. 6th & 7th & 8th Grade 17 weeks beginning Jan. 14 Wednesday 4 -6 pm $220 ., Theatre Lab 6th & 7th & 8th Grade 17 weeks beginning Jan. 14 Thursday 4:30 -6:30 pm $220 Technical Theater I 6th & 7th & 8th Grade 17 weeks beginning Jan. 14 Monday 6 -7 pm $220 On with the Scene 9th Grade -- Adult 17 weeks beginning Jan. 14 Thursday 9:30 -10:30 am $220 On with the Scene 9th Grade -- Adult 17 weeks beginning Jan. 14 Thursday 6 -7 pm $220 „, Art of Audition 9th Grade -- Adult 8 weeks beginning Jan. 14 Monday 7 -8 pm $110 TheaterSportz 9th Grade -- Adult 17 weeks beginning Jan. 14 Wednesday 6 -7 pm $220 Technical Intern 9th Grade -- Adult 17 weeks beginning Jan. 14 TBA TBA $220 Music Class Schedule Course Age Level Class Duration Day Time Tuition Jungle Jam 3 & 4 Year -Olds 8 weeks beginning Jan. 14 Wednesday 10:30 -11:15 pm $ 90 Jungle Jam 3 & 4 Year -Olds 8 weeks beginning Jan. 14 Thursday 10:30 -11:15 pm $ 90 Once Upon A Rhyme 3 & 4 Year -Olds 8 weeks beginning Mar. 18 Wednesday 10:30 -11:15 pm $ 90 . Once Upon A Rhyme 3 & 4 Year -Olds 8 weeks beginning Mar. 18 Thursday 10:30 -11:15 pm $ 90 Singing for the Stage 2nd & 3rd Grade 17 weeks beginning Jan. 14 Wednesday 5 -6 pm $220 Sing Out, Louise! 4th & 5th Grade 17 weeks beginning Jan. 14 Wednesday 4 -5 pm $220 With a Song in my Heart 6th, 7th & 8th Grade 17 weeks beginning Jan. 14 Wednesday 6 -7 pm $220 Art of Vocal Audition 9th Grade — Adult 8 weeks beginning Mar. 18 Monday 7 -8 pm $110 Dance Class Schedule Course Age Level Class Duration Day Time Tuition Jungle Jam 3 & 4 Year -Olds 8 weeks beginning Jan. 14 Wednesday 10:30 -11:15 pm $ 90 Jungle Jam 3 & 4 Year -Olds 8 weeks beginning Jan. 14 Thursday 10:30 -11:15 pm $ 90 Once Upon A Rhyme 3 & 4 Year -Olds 8 weeks beginning Mar. 18 Wednesday 10:30 -11:15 pm $ 90 Once Upon A Rhyme 3 & 4 Year -Olds 8 weeks beginning Mar. 18 Thursday 10:30 -11:15 pm $ 90 Babes on Broadway Kindergarten & 1st Grade 17 weeks beginning Jan. 14 Tuesday 3:30 -4:30 pm $220 Movement & the Mirror 2nd & 3rd Grade 17 weeks beginning Jan. 14 Monday 4 -5 pm $220 Tap Dance Kids 2nd & 3rd Grade 17 weeks beginning Jan. 14 Tuesday 4 -5 pm $220 Swing Kids 4th & 5th Grade 17 weeks beginning Jan. 14 Thursday 5 -6 pm $220 Broadway Bound 4th & 5th Grade 17 weeks beginning Jan. 14 Tuesday 6 -7 pm $220 42 Street 6th, 7th & 8th Grade 17 weeks beginning Mar. 18 Thursday 5 -7 pm $220 Steppin' Out I 9th Grade -- Adult 17 weeks beginning Jan. 14 Tuesday 4 -6 pm $220 Steppin' Out II 9th Grade -- Adult 17 weeks beginning Jan. 14 Tuesday 4:30 -6:30 pm $220 Guys & Dolls 60+ 17 weeks beginning Jan. 14 Wednesday 6 -7 pm $220 More detailed class descriptions are offered in our brochure Or on our website at www.southlaketheatrecentre.com To Register for Classes CaII: (817) 421 -5050 or Metro (877) 421 -5050 OUT AT -E CE\TR SCHOOL OF PERFORMING ARTS • SOUTHLAKE THEATRE PLAYHOUSE , Blair Southlake City Council Meeting Fonder December 18, 2001 „„ 999-8935 > Terri I lagar Scherer Southlake Theatre Centre is committed to the pursuit of excellence in Pounder , 421 -1399 Performing Arts education and Family Friendly Entertainment. ,r,wAndrea L. Ballard Fonder About Southlake Theatre Centre „(817) 726 -8357 Southlake Theatre Centre will serve as a professional quality non - profit theatre that performs musicals and comedies for audiences throughout the Dallas / Fort Worth Metroplex. Southlake Theatre Centre will offer in our first year five main stage shows and four children productions. Our initial theatre will house 90 intimate seats in a black box style theater with a proscenium stage. This is where our children's productions and intimate main stage shows will be presented. Our larger main stage productions will be performed off site in more accommodating facilities such as the Palace in Grapevine. We will present 81 live shows our first year and 108 in our second year. In addition to this we will host special events such as a reader's theater, new playwrights works, workshops, and class recitals. We will provide year round acting, dance, and musical theatre classes for all ages. We have two large dance / acting studios that are finished with natural hardwood flooring and mirrored walls. Southlake Theatre Centre will be operating as a 501 (c)(3) non - profit organization and all donations will be accepted under that name and will be tax deductible. Southlake Theatre Centre has a Strong Case for Support Family Centered Programming — Southlake Theatre Centre is committed to and will deliver artistic programming that is consistent with high family values. In today's society families have a need for entertainment for the entire family; that entertainment will be found at Southlake Centre Theatre. Theatre Arts Education — Southlake Theatre Centre offers professional and affordable year -round acting, dance and musical theatre classes for the public. Our staff has extensive experience teaching and we look forward to opening our doors to all students — including classes for those with special needs. Community Outreach — Southlake Theatre Centre will donate tickets to various organizations, amounting to an estimated 250 tickets this first year and increasing as iluto funds permit. The estimated values of these tickets are $2,500.00. We look forward to serving our community as we share the arts through the outreach program. Professional Quality Theatre with Local Actors — Southlake Theatre Centre will cast men, women and children from the Dallas / Fort Worth Metroplex . We have talented and dedicated directors working with the Theatre from within our communities. We look forward to educating and working with generations of fine directors, actors and crews with endless performances. 2008 East Northwest Parkway • Southlake, TX • 76092 (817) 421 -5050 or Metro (877) 421 -5050 Southlake Theatre Centre Goals The show must go on. For Southlake Theatre Centre these shows will be focused on Family Centered Entertainment. For the founders and the board of directors there is much work to be done. Below you can read about the goals of Southlake Centre Theatre. The commitment is to ""• grow out of our space within three years and become stronger — both financially, and artistically. The next few years will be very exciting for Southlake Theatre Centre as we begin many new and exciting opportunities. We have clear and concise goals. They are as follows: 1. Commence a school for Performing Arts that is unparalleled in our community. Teaching classes that will cover all realms of the art of theatre. Currently we will offer classes in dance, acting, and musical theatre with intermittent classes and workshops instructing stagecraft, lighting, and set design. 2. Create a Southlake Theatre Centre Guild in 2002. The Guild will consist of volunteers with the responsibility of promoting good will and community awareness for Southlake Theatre Centre. - 3. Contribute to the community of Southlake, Texas by providing an artistic venue that will Wok benefit all. Southlake Theatre Centre's Guiding Principles • To entertain our audience in a praiseworthy, uplifting manner — presenting shows of good report. • To provide a family friendly environment onstage and off • To help each person discover, express and develop his or her talents • To pursue excellence and professionalism in an informal, friendly, positive atmosphere • To treat patrons, sponsors, and volunteers with respect and appreciation • To fill every seat for every show • To enrich and uplift all those that come in contact with us • To be an integral part of the community • To offer excellence at a reasonable price Request too Southlake Theatre Centre may be a newly founded theatre, but our Community Outreach will be second to none. We will take pride in giving back to our community. We would like you to consider financially supporting Southlake Theatre Centre's community theatre, education and outreach programs. With subsidy from donors like the city of Southlake and others, we can take opportunity to be generous with our programs and not hesitate to donate to organizations that wish to experience our live theatre entertainment. Ticket revenue will be precious, and we will do our best to please our paying patrons, while at the same time do our part -£ for the community of Southlake. Aye City of Southlake, Texas MEMORANDUM December 12, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Award of contract to Musco Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School playing field. Action Requested: Award of contract to Musco Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School playing field. Background Information: The City Council approved the Master Plan for Bob Jones Park in March of 1997 at which time sports field lighting was identified for the southern soccer fields. Field lighting was also included as a component of the TPWD grant approved in August of 1997. It has also been included as a component of Bob Jones Development in the SPDC CIP since 1998. The Carroll Intermediate School playing field was included in the approved FY 2001/02 Capital Improvements Plan. Staff has been working with Musco Sports Lighting and the consulting firm of Sportslighting Design Group on the design and specifications of the lighting system. To expedite the completion of the project prior to Spring 2002 play, staff recommended utilizing Southlake's membership with the Buy Board. The Buy Board is a customized electronic purchasing system developed by the Texas Local Government Purchasing Cooperative to increase the purchasing power of government entities. As an eligible project, the City would benefit from the discount price, time savings, and convenience of the Buy Board process of completing this project with the product and services of Musco Sports Lighting, LLC, (a Buy Board Vendor). Musco Sports Lighting has completed a number of recent projects for CISD and has provided the City with all sports lighting within Bicentennial Park. They have established a reputation for quality work in a timely manner. Musco Sports Lighting products selected for each field include "Total Light Control" (TLC) equipped lamps with hoods atop 70' galvanized poles. TLC is highly recommended for sites which require extreme light control. With TLC, each field automatically includes the "10 Club Service" to provide complete maintenance and total Tamping of the system for 10 years. Bob Jones Park will be further equipped with "Control Link ", a phone or internet Billy Campbell, City Manager December 12, 2001 Page 2 based management software which allows remote access and tracking of the light system. Also, at Bob Jones Park, a security light will be installed for the playground area. This security light is a high pressure sodium lamp identical to those installed along the park loop road. SPDC will consider this item at their December 18 meeting. Financial Considerations: Funding in the amount of $200,000 is allocated in the FY 2001/02 SPDC budget for Bob Jones Park Soccer Field Lighting. Funding in the amount of $150,000 was also allocated in the FY 2001/02 SPDC budget to light the Carroll Intermediate School playing field. Total funds available for sport lighting through the allocated SPDC budget is $350,000. The construction cost is $371,551.65 of which the "Control Link" and playground security light is $4,500. A contingency of $3,448.35 is also requested for a total project cost of $375,000. Staff has been in contact with the Grapevine Southlake Soccer Association regarding their ability to make up the difference ($25,000) through grants, reserves, or matching funds. GSSA has verbally agreed to pursue these opportunities and indicated that they would submit a statement in writing to the City. Refer to the attached e -mail from GSSA President Tony deBruno. The reserve fund line item in the approved FY2001 /02 SPDC CIP budget is $135,585. This line item is available as a source for funds to make up the additional project cost. Citizen Input/ Board Review: Staff met with SPIN #1 (Bob Jones Park) and #6 (Carroll Intermediate) on December 5, 2001 to discuss the sports lighting. Planning and Zoning approved (6 -0) the associated variances to the lighting ordinance at their December 6, 2001 meeting. The requests for variance are to be considered by the City Council at their December 18, 2001 meeting. Legal Review: The Buy Board is competitively bid and awarded by the Cooperative's Board of Trustees based on Texas Statutes. The City Attorney is reviewing the contractual agreement with Musco Sports Lighting. Billy Campbell, City Manager December 12, 2001 Page 3 Alternatives: SPDC input on the project as submitted. Supporting Documents: - Contractual Agreement - E -mail from GSSA President Tony deBruno - Lighting Plan for Carroll Intermediate School - Lighting Plan for Bob Jones Park Soccer Fields Staff Recommendation: Award of contract to Musco Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School playing field in the amount of $371,551.65, plus $3,448.35 in contingency, for a total project budget of $375,000. December 11, 2001 City of Southlake 400 N. White Chapel Southlake, TX 76092 Attention: Ben Henry Reference: Bob Jones Soccer and Carroll Intermediate School Lacrosse Contractual Agreement Dear Ben Henry: Thank you for selecting Musco for your lighting needs. I am forwarding the following document package per the request of Mike Monroe for your review and signature. This is the information upon which we will proceed in order to meet your expectations. 1. Contractual Agreement - This document outlines the details of the proposed agreement. 2. Layout - This document illustrates field dimensions and pole locations for design of your lighting project. • 3. Pole Drawing - This document illustrates the design specifications to which your poles will be manufactured. 4. Submittal - This document illustrates field dimensions and pole locations for design of your lighting project. It is important that these locations are verified. Changes identified after Musco receives this signed document can delay shipment. The signing of the Contractual Agreement will be considered as your approval of the information contained in the above documents. In addition, please complete any areas indicated with an arrow (I]) for information vet to be identified. Upon the signing of this agreement, please fax this agreement and a copy of the purchase order to the Texas Buy Board @ 800/211 -5454 for their process procedures. If you have any questions, I can be reached at 888/966 -8726, or 405/321 -2886. Thank you for your assistance in advance. Sincerely, Tom Hay Sales Coordinator 0000 mu , ' Contractual Agreement South Region / 2107 Stewart Road / PO Box 260 / Muscatine, IA 52761 1 405- 321 -2886 / Toil Free: 888 - 966 -8726 / FAX: 405- 321 -2423 Date: December 11, 2001 Project Name: Bob Jones Soccer & Carroll Intermediate Lacrosse Project #: 2358622 1. CUSTOMER NAME AND ADDRESS: 2. OWNER NAME AND ADDRESS: City of Southlake City of Southlake 400 N. White Chapel 400 N. White Chapel Southlake, TX 76092 Southlake, TX 76092 Attn: Ben Henry Attn: Ben Henry Telephone: (817) 481 -1584 Telephone: (817) 481 -1584 Fax: (817) 481 -1594 Fax: (817) 481 -1594 3. SHIPPING NAME AND ADDRESS: 4. FIELD NAME AND ADDRESS: City of Southlake (Bob Jones Park) Bob Jones Soccer Fields 3901 N. White Chapel 3901 N. White Chapel Southlake, TX 76092 Southlake, TX 76092 County: Tarrant Coutny County: Tarrant County Attn: Don Cooper (See last page for information on Carroll Telephone: (972) 723 -1180 Intermediate Field) Fax: (972) 723 -1181 5. EQUIPMENT DESCRIPTION - Musco shall transfer and deliver to Customer, and Customer will accept and pay for the following goods and services in accordance with paragraph 10 of this Agreement 0 Light- Structure 2T"" Voltage: 480 0 Contactor Cabinets TM 0 Total Light Control (TLC) Phase: 3 (Bob Jones) 0 Control- LinkTM (Bob Jones) 1 (Carroll intermediate) Total Fixtures: 106 Total # Poles: 16 # REC: 1 Musco's Light StructureTM system consisting of sixteen (16)- 70' galvanized steel poles with one hundred and six (106) -1500W luminaries equipped with Total Light Control spill and glare visors. Along with four (4) -24" X 48" contactor cabinets, twenty -two (22) -30 amp contactors and four (4) OOA switches. Price includes delivery to the site, turnkey installation per plans and specifications, 5% extra lamps, and five (5) extra fuses. Price does not include sales tax. 6. 10 CLUB SERVICET"" - Must ° shall provide all services outlined in the 10 Club Service Extended Warranty Agreement to maintain operation of Light- Structure 2 for 10 years. This service is being provided based on the following information: Hours of Usage: 0 Less than 300 per year ❑ 301 - 600 per year Lamp 0 ❑ 601 +per year Number of Group P ❑ 2 ❑ 3 0 Other Replacements: Service Begin Date: Service begins on date of shipment Service Expiration Date : 10 years from date of shipment Customer Warranty Contact Name: Steve Polasek . Warranty Contact Phone Number: (817) 481 - 1543 7. SCOPE OF WORK - The work to be performed by Musco or its subcontractor is described in plans and specifications presented to the City of Southlake by Sportslighting Design Group. ® 1999 Musco Sports Lighting, LLC 2 PO ver. 11 12/01 COCO /rte." Contractual Agreement South Region / 2107 Stewart Road / PO Box 260 / Muscatine, IA 52761 / 405- 321 -2886 / Toll Free: 888 - 966 -8726 / FAX: 405 - 321 -2423 Date: December 11, 2001 Project Name: Bob Jones Soccer & Carroll Intermediate Lacrosse Project #: 2358622 8. WARRANTY - Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's10 Club Service Department (877- 836 - 2582). Musco's Equipment and its performance are sold subject to Musco's written warranty, a copy of which will be provided with Musco's acceptance of this Agreement. The warranty provided by Musco shall be in lieu of all other warranties, and Musco disclaims any other warranty whatsoever, express or implied, including, but not limited to, the implied warranty of merchantability. 9. TAXES - Customer shall pay all applicable state and local sales taxes invoiced appropriately by Musco. ❑ Taxable ll Non - Taxable (Copy of resale or exemption certificate must be attached. Note: Just holding a sales tax permit does not, In and of itself, qualify for a non - taxable sale.) 10. DELIVERY - Normal delivery to the shipping address indicated above is 4 to 6 weeks after both parties have signed this order. If the Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. Customer shall pay the amount of each such invoice upon the same terms as set out in paragraph 15 of this Agreement. 11. TOTAL PRICE - Customer will pay for the above described Equipment and installation the Total Price of U.S. $371,551.65. FOB the shipping address above, payable as materials are shipped and work is completed as outlined below: 12. SECURITY AGREEMENT - To secure the payment of all amounts owed by Customer hereunder, Customer hereby grants and conveys to Seller a security interest in the Equipment, including all repairs, replacements and accessions thereto (Collectively referred to as the "Secured Property"). Customer further agrees to execute any financing statements or other documents reasonably required by Seller to perfect the security interest granted herein and to assure the priority of such security interest. The parties agree that the secured property shall at all times remain personal property, subject to removal from the real estate by Seller in the event of Default by Customer. 13. DEFAULT - Each of the following shall constitute a default ( "Default") under this Agreement: a) failure to pay, in full, any payment when due hereunder b) Customer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c) any warranty, representation or statement made or furnished to the seller by or on behalf of the Customer proved to have been false in any material respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee, seizure or attachment thereof or thereon; or e) the occurrence or non- occurrence of any event or events which causes the seller, in good faith, to deem itself insecure for any reason whatsoever. 0 1999 Musco Sports Lighting, LLC 3 PO vet. 11 12/01 mu ' Contractual Agreement &1I lira, pn: 710 r •IGMan 1t.40 PO Hat 2tC 52781 t 405-321-2611t.' T :11 Fes. 696-1)8 fax: 4E5-1214423 pate: ucoemecr 11, 21(11 Project Name: Bob Jones S000er 8 Carroll Intermediate 1 ecrosse Project #: 2956822 14. REMEDIES UPON DEFAULT - In the event of Default, Seller may. at its option, and without notice or demand: a) declare the entire unpaid balance owing hereunder due and payable et once; b) proceed to recover judgment for the entire unpaid balance due: c) exercise all rights provided to Seller under this Agreement, any bonds provided for this Project, the Uniform Commercial Code. at law or in equity including but not limited to entering the Customer's premises and taking possession of the Secured Property. All the remedies described harain era cumulative and may be exercised in any order by Seiler. Customer agrees to pay all casts (including reasonable attomey's fees and court costs) inc.iffed by Seller in disposing of the Secured Property end collecting any amounts owing hereunder. and such oasts shall be part of the obligations secured hereunder. 15. PAYMENT PROCESSING CONFIRMATION: Customer Nseds Invoice by Each Friday Submit Involcc to Ben Henry Payment Approval Date As Necessary Check Run Date Within 14 days 16. INSURANCE/ BONDING: Wiil Musco provide an Insurance Certificate b Customer for this Project ?J Yes ❑ No 17. CONDITIONS OF AGREEMENT a. APPLICABLE LAW - This Agreement shall be governed by the laws, including the Unrrorrn Commercial Code. adopted in the State of Iowa as effective and in force an the date of this Agreement. • b. EXPENSESIREMEDIES - Customer shall pay to Musco the reasonable expenses, including court costa, legal and administrative expenses and reasonable attorney's fees. paid or incurred by MuSCb in endeavoring to collect ,amounts due from Customer to Musco. It is further understood that if Customer does not make a payment as due. Musco has the right to forward appropriate notices or claims on jobs with owners as deemed appropriate by Musco. c. ENTIRE AGREEMENT - This is the complete statement of the terms plus the plans and specifications or this Agreement. No representative or employee of Musco hes any authority to bind Musco to any terra, representation or werranty other ti+an those spetrflcally included in this written Agreement Or the written Warranty to be delivered to Customer. : ?19Y9 1ura Sinkti.Liel.rruH. LLLC 4 vi= L1 l^bJ 00.0 _,.'• contractual Agreement SQJtn f gion + a107 5t orart Read 1 P© BOK 250 ; Muscat me. IA 52751 1 405- 521.2BB6 ?Tall Free: 555-4165-6723 r rAX: 4D5 321.7471+ Date: December 11, 2001 Project Name: Bob Jones Soccer & Carroll Intermediate Lacrosse Project*: 23513022 d. ACCEPTANCE - This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this Order by Musco Sports Lighting, LLC. Desired Shipping Date(s): Week of January 21, 2002 Projected Completion Date: Customer Reference Information Needed on Invoicing /Packages: City of Southlake MUSCO SPORTS LIGHTING, LLC Acceptance Acceptance this day of , 2001 this day of , 2001 Signature Signature Rick Stacy, Mayor Name and Title Name and Tibia e Item 4 continued: Carroll Intarmediat Lammas: Field 42 Name; Carroll Intermediate Lacross Street Address: 1101 N. Carroll City, State, Zip; Southlake, TX 76092 1999 Maw Sp its L•ighsing, 5 PO rm. t: I ?tCFI � ��yy - ,,.'hl:= '':'.ti _ •.7Y'Y'44�R} 1 .': tit.`( `. '.�. �•.'.': � �.' ' :L� tiS':�1'. �.': ,7�(f)"_ r�J � Ii •:: •�%5 ♦'•. • 60- r �:'.'. ._►].1h.��1Y.� .'vv.:ti':.�.'.L :'i: .- .::'t.�.� �.,. il: r� • .;�;r} •_�: . l►:�:.�i"[i From: Tony Bruno [fony.DeBruno©footstar,com] Sent: Wednesday, December 12, 2001 4 :40 PM To: Kevin Hugman Cc: jastanfield@7juno.com; peter.geal@gte,net Subject: RE: FUA Kevin, I'd like to discuss some slight changes or clarifications to the agreement you sent me. Below is the language of our agreement we're working on with Grapevine that gives a 355 day view of field usage. Essentially: No Activity means we are not on the fields at all. Modified means we use some of the fields for coach or referee clinics and some team practices. High means full usage for games. practices, and tournaments. As we spoke of yesterday, we'd rather keep the standard language for hours to avoid having future problems. However, we will provide the city, and anybody that Ls concerned, our intended usage for each season once schedules and practices times have been completed, For now we see the following: Sunday — Practice, make -up games, spring tournaments (May). Activity conducted from 11:00 a.m_ - 8.30 p.m. (if in use, lights out by 9:00) We see Sunday as a low use day. Monday, Wednesday, Friday - Practice. make -up games, spring tournaments (May). Activity conducted from 4:00 p.m. - 8:30 p.m. (if in use, lights out by 9:00) • We see these as moderate use days (mostly practices from 5 - 8) • Tuesday & Thursday - Regularly scheduled games, practices, make -up games, spring tournaments (May). Activity conducted from 4:00 p.m. - 9:30 p.m. (if In use, fights out by 10:00) We see these days as High use days (both games and practices) Saturday - Regularly scheduled games. practices, make -up games, spring tournaments (May). Activity conducted from 5:00 a.m. - 9:3D p.m. (if in use, lights out by 10:00) We see these days as extremely High use days (both games and practices) Note: Most clinics for coaches and referees are conducted on Fridays, Saturdays, and Sundays. The hours may vary slightly for those, but nothing unreasonable. We usually do 2 -3 per season. As for the budget shortfall, we'd have to approve first, but we could see donating $12,500 towards the project, but we like to arrange it so that we can first see if our grant request is approved this fall. To do this we'd issue the city a notioe of intent to donate $12,500 if our grant Is not approved. If approved, the grant should cover the entire shortfall The payment would be made in late fall, after we determine the grant status. Give me a call and we can discuss. Tony II, SEASONS AND HOURS The season(s) of this agreement shall be " spring/summer (February 2 -July 15) * fell (August 15 - December 15). Usage of the premises should generally not begin before 4:00 p.m. on weekdays, 8:00 am. on Saturdays and 11:00 a.m. (excluding approved tournaments) on Sundays. Because of the importance for giving turf area adequate rejuvenation time and to enable CITY to . perform periodic special maintenance, the "Premises" shall be available to GSSA on a high, modified and no/low activity level basis as follows: 'Date Season Location Level 12/16 - 02/01 Winter Oak Grave and Meadowmere No Activity 02/02 - 02120 Early Spring Oak Grove and Meadowmere Modified " 02121 - 06101 Spring Oak Grove and Meadowmere High 08/02 - 07/15 Late Spring Oak Grove and Meadowmere Modified 07/18 - 0E04 Summer Oak Grove and Meadowmere No Activity 013/15 - 09105 Early FaII Oak Grove and Meadowmere Modified " 09/08 - 11/20 Fall Oak Grove and Meadowmere High 11(21 - 12/15 Late Fall Oak Grove end Meadowmere Modified " Define Level - High - All fields used for activity Modified - Up to half the fields dedicated for maintenance upgrades No /Low - All fields dosed for maintenance - some fields for approved . practices = see attached Park Maintenance Schedule for field closures & scope of maintenance No organized play, nor reserved use of athletic fields, shall occur from December 16 to Feb. 1 with the exception of carried over games resulting from weather delays during the fall season. The provision of special services after December 16 for carne over games shall be at the Association's expense. CITY and GSSA agree that the fields located at Oak Grove and Meadowmere Parks shall be closed for the performance of general field maintenance during the periods of: December 16 to Februar 1 and July 16"' to August 14 CITY shall post signage at each field identifying that the field has been closed for general maintenance. GSSA agrees not to expand schedules, length of league pray, number of tournaments nor add seasons without prior approval of CITY. All scheduling of fields for practices, games or tournaments by GSSA must be approved through the CiTY's Athletic Division of the Parks and Recreation Department. Jon- scheduled league play within established league play schedules is not permitted without prior CITY approval. - - -- Original Message - - -- . :T1 1 :. lIWY1 -fl rfutr} I UCINg.t. fibSIWO 1 :: :; : : = ;§:: s :; Sent: Tuesday, December 11, 2001 5;35 FM • To: Tony DeBruno Subject: FUA «« Fite: GSSA 2002 revised,doc >? . . , • 0 ( • ir, I Z.t. . - • ! . w r.71 - 1 ....\• IC) 0 i I I kill . . . ca c I Z , XI - -X1 ......- --.. . 1 0 0 2 460V 1 PHASE MIR • r) r". 0 27 sonalam liali 1110110111. 11.01111107111 2 #6, 1 "ORD. tn. r— -4 ck ............3 47 se-2) 4 " 2 #8GRI). 0 HI -,-- — — . ! rn 0 2 #2. 1 #44210. ..... -... • Z --- . > .1_. ) — — Li TEAM BENCH I TIMERS [TEAM BENCH '1 M / — — — . .. COACHES AREA < I COACHES AREA 'NI 1 M 0 r r • 1-:-: I 7.1 > •/ ■ - ( ) sp nor, .. , . _ ....... _ _ rn MIMEO , 0 • • 1 . • z .• . . . • : . . • ■ . . m Cr) F 0 , 0 IS cl c . 1 Z \ C z z 0 512 4 #6, 2 FORD. -- • m ' rn = . 0 \ . — , — — • 4 0 r-.. . • . ‘ . . i . , . . :-:-:-. :-:-:-. ... 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