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Jan 711 min read

09 January 2024 Council Meeting

Updated: Mar 24

Agenda Items: Wastewater Treatment Plant additional $4M debt; Haney Development annexes; lease Public Safety Building to ESD1; 2024 City Elections; King’s Gate Road Bridge Replacement project; TxDOT Green Ribbon Grant Program for beautification of the TxDOT rights-of-way. Executive Session: Wilks Chapter 380 agreement, Halff & Asso. Litigation


• Location and Time: El Chico City Hall, 120 El Chico, Suite A, Willow Park, Texas 76087, 6PM

• minutes approved during the next meeting

• Youtube video

• The Community News, 12 January 2024 [in .pdf], Willow Park [Council Meeting Review] Profrac Holdings to relocate to Willow Park, Contents: Profrac Holdings to relocate to Willow Park; Wastewater plant funding approved; Annexation approved; ESD to lease public safety building; Another honor for Bearcats; Election contract approved; King’s Gate next step; Green Ribbon Grant; King’s Gate Park now belongs to city

• Latest Update: 19 January, 2024 minutes; 15 January 2024 WPC Blog; posted 08 December, 2023



 

Public Comments

None.


Agenda Items


3. Discussion/Action: to consider all matter incident and related to the issuance and sale of "City of Willow Park, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2024" including the adoption of an ordinance authorizing the issuance of such certificates in the amount not to exceed $4,000,000 to finance costs of paying contractual obligations to be incurred for (i) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving wastewater system properties or facilities, including the acquisition of land and rights-of-way therefor, and (ii) professional services rendered in connection with such projects and the financing thereof. #WastewaterTreatmentPlant

• Background: Pursuant to Council direction, the certificate of obligations will be for improvements to the 750K Wastewater Treatment Plant. Bonds will be sold on Tuesday morning; th therefore, Erick Macha will provide final pricing and interest rates at the January 9

• Willow Park Civics Research

• Willow Park Civics Blog > Wastewater Treatment Plant, reposted 15 November 2023

Summary: Willow Park has now accepted the bid of a second building contractor for the new, reduced, WasteWater Treatment Plant (WWTP) and is proposing an additional $4M in debt for the WWTP construction -- after hiring, firing and suing the first WWTP construction contractor; reducing the WWPT design from a 1 million gallon capacity plant to a 750K gallon capacity plant; already assuming a $14M debt; increasing residential and commercial wastewater fees; approving the final location and plat for the new WWPT; in addition to several years struggling to find the correct location.

• 14 November 2023 Council Meeting, Agenda Item 2. Discussion/Action: to award a contract for the construction of a wastewater treatment plant. Awarded to Gracon Construction, Inc. base bid of $13,606,655.00

Minutes Gracon Construction, Inc be awarded the bid for the construction of the wastewater treatment plant in the amount of $13,606,655.00 and the award include the additive alternate bid of $940,780.00 for a total bid award of $14,547,435.00 contingent upon release of funds by the Texas Water Development Board.

• Willow Park Civics > City > City Services > Wastewater, including Journal of WWTP activity and other wastewater projects.



4. Discussion/Action: to adopt an ordinance annexing a portion of East Bankhead Highway and approving a Service Plan for the annexed property, such annexed property to be described as follows: Being 7,815 feet more or less of East Bankhead Highway (a variable width right-of-way) out of the following Surveys and Abstracts in Parker County, Texas: I&G. N. R. R. Co. Survey, AbstractNo.1821, JohnColeSurvey, AbstractNo.218, James Oxer Survey, Abstract No. 1029, A. J. Hood Survey, Abstract No. 2587, and Eliza Oxer Survey, Abstract No. 1031, containing approximately 10.95 acres of land. [Haney Developemnt] #DevelopmentSouth

• Background:

At the November 14th meeting, City Council approved Resolution No. 2023-11 Declaring the City’s Intent to Begin Annexation of Approximately 7,815 Feet of East Bankhead Highway Right-Of-Way, Comprising Approximately 10.95 Acres of Land into the Territorial Limits of the City of Willow Park; Directing City Staff to Prepare a Service Plan for the Extension of Municipal Services to the Proposed Annexation Area; and Setting Two Public Hearings on Annexation.

City Staff set the two public hearings for Tuesday, December 12th at 6:00 pm. The notices of the two public hearings ran in the Community Newspaper on Friday, December 1, 2023 which was within the required time th per Section 43.1005 of the TXLGC. The city held the public hearings at the December 12 meeting

• Exhibits: • Ordinance • Exhibits

5. Discussion/Action: to adopt an ordinance annexing property an approximately 31.247 acre tract of land owned by Dustin Kyle Haney and Jayme Lynne Haney and approving a Service Agreement for the annexed property, such annexed property to be described as follows: BEING a tract of land situated in the Eliza Oxer Survey, Abstract Number 1031, Parker County, Texas, and being all of Tracts 1-3 as described by deed to Dustin Kyle Haney and Jayme Lynne Haney as recorded in Document Number 202200494, Deed Records, Parker County, Texas (DRPCT), containing approximately 31.247 acres of land. #DevelopmentSouth

• Background:

At the November 14th meeting, City Council approved Resolution No. 2023-12 Accepting the Petition from Property Owners Dustin Kyle Haney and Jayme Lynne Haney Requesting Annexation of an Approximately 31.247 Acre Tract; Setting a Date, Time, and Place for a Public Hearing on the Proposed Annexation; Directing City Staff to Prepare and Negotiate an Annexation Services Agreement with the Property Owners Pursuant to Section 43.0672 of the Texas Local Government Code; and Authorizing and Directing the City Secretary of the City of Willow Park to Publish Notice of Such Public Hearing.

City Staff set the public hearing for Tuesday, December 12th at 6:00 pm. the notice of the public hearing ran in the Community Newspaper on Friday, December 1, 2023 which was within the required time per Section th 43.1005 of the TXLGC. The city held the public hearings at the December 12th Meeting.

• Exhibits: Ordinance • Exhibits [Preliminary Plat in .pdf]

• Willow Park Civics Research

• Willow Park Civics Blog > Haney Development Index, Posted 09 December 2023, Journal of WPC Blogs and City activity


6. Discussion/Action: to approve a lease agreement between the City of Willow Park and Parker County ESD 1 for the use of the Public Safety Building located at 101 Stagecoach. #EMSFirePoliceAmb

• Background: With the election of the WPFD to transition to ESD, the City has allowed the ESD to use the FD portion of the Public Safety Building. After discussion with ESD staff, Pat Chesser papered the Lease Agreement for your consideration and approval. The Lease has the usual and customary language. Two points of interest:

1. The lease is for a 24 month period, with an option to extend the least [lease]

2. ESD would pay $7,500 / month ($90,000 per year) for the use of the facility. If the lease is to be extended, the rent would increase to $7,875 per month ($94,500 / year).

• Exhibits: The Lease is attached to this memo. Also attached is Exhibit A, which outlines the portion of the building that ESD currently occupies.

• Willow Park Civics Research

• Willow Park Civics > Issues > Fire Department and ESD1 Journal


7. Discussion/Action: to approve a contract with Parker County for 2024 General Election Services. #Elections2020

• Background: The city contracts with Parker County for elections. Parker County is requesting the contract be approved and submitted by February 5, 2024.

If the city is unable to cancel the election, Willow Park City Hall will be a polling location on Election Day at an additional cost. The cost will be provided at a later date as Parker County will need to access how many associate election judges will be needed along with voting clerks.

• Exhibits: Cover letter and signed contract by Parker County

8. Discussion/Action: to adopt an ordinance ordering the May 4, 2024 General Election.#Elections2020

• Background: Per state law (Section 3.004 of the Texas Election Code) the city is required to order the general election of the political subdivision. This year the city will order the general election for City Council Places 3, 4 and 5. The 2024 General Election will be held May 4, 2024. / Candidate packets are available on the city’s website.

• Exhibits: Proposed Ordinance

SECTION 2. DATE OF ELECTION It is hereby ordered that an election for certain municipal officers shall be held in and throughout the City of Willow Park, Texas on [Saturday] MAY 4, 2024.

SECTION 3. PURPOSE OF ELECTION The purpose of the election is to provide for the general election of city officers, specifically: Councilmember Place No. 3, Councilmember Place No. 4, and Councilmember Place No. 5. The term for Councilmember Place No. 3, Councilmember Place No. 4, and Councilmember Place No. 5 are for a term of two years, ending May 2026.

SECTION 4. POLLING PLACE The polling location for election day shall be the City of Willow Park City Hall located at 120 El Chico Trail, Suite A, Willow Park, Texas. In accordance with §41.03l(b) TEX. ELECTION CODE, said polling place shall be open between the hours of 7:00 a.m. and 7:00 p.m. on the date of election.

SECTION 8. EARLY VOTING Early voting by personal appearance shall commence on April 22, 2024 and shall continue Monday through Friday from 8:00 a.m. until 5:00 p.m. April 22, 2024 to April 26, 2024; and from 7:00 am until 7:00 pm on April 29 & 30, 2024; at a location to be determined by the City and the Early Voting Clerk. Extended hours for early voting shall be determined by the Early Voting Clerk and the City. A supplemental notice shall be issued stating the early voting location and the dates for the extended hours of early voting. Early voting shall be conducted in accordance with the requirements of the Texas Election Code.


9. Discussion/Action: to approve a professional services agreement with Cultivate Real Estate services for appraisal services for the King’s Gate Road Bridge Replacement project.#Streets

• Background: The City of Willow Park is seeking to engage the appraisal services of Cultivate Real Estate and ML&M Realty Advisors, LLC for the right-of-way acquisition of the King’s Gate Road Bridge Replacement project.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, commonly called the Uniform Act, states that before the initiation of negotiations, the Local Government must appraise the property in order to establish an amount the Local Government believes is just compensation for the interest to be acquired. Additionally, before a good faith offer is made, a qualified review appraiser shall examine the presentation and analysis of market information in the appraisals to assure that they meet all applicable appraisal requirements.

Mr. Colt Jones of Cultivate Real Estate will prepare the value appraisals. Ms. Melissa Ehrhardt of ML&M Realty Advisors will conduct the review appraisals. For both levels of appraisal, the Local Government must use appraisers approved by TxDOT.

Value Appraisal for 2 Separate Parcels in connection with the King’s Gate Replacement Bridge Project. Cost $ 6,000.00

• Exhibits: * Professional Services Agreement - Cultivate Real Estate


10. Discussion/Action: to approve a professional services agreement with ML&M Realty Advisors, LLC for appraisal review services for the King’s Gate Road Bridge Replacement project. #Streets

• Background: [Same as Agenda Item 9]

Review Appraisal for 2 Separate Parcels in connection with the King’s Gate Bridge Replacement Project. Cost $ 2,000.00 connection with the King’s Gate Bridge Replacement Project.

• Exhibits: Professional Services Agreement - ML&M Realty Advisors, LLC


• Willow Park Civics Research

• Willow Park Civics >City Services > Streets and Roads > Street Improvement Project Index > ​​Willow Park Civics Blog > Street Improvement Projects Kings Gate Road Bridge Post 26 April 2023. Note: TxDOT is responsible for improvements and maintenance of Kings Gate Road Bridge.


11. Discussion/Action: to approve an agreement for professional services with Westwood Professional Services, Inc. for the Green Ribbon Grant Program. #Parks

• Background: The Texas Department of Transportation [TxDOT] offers open application for the Green Ribbon Grant Program to cities annually for landscape beautification of the TxDOT rights-of-way. The grant award is a maximum of $400,000 and is structured as a reimbursement to the city.

In May 2023, [WPC Blog > 02 May 2023 Parks Board Meeting, Agenda Item 4] the Parks Board was presented with a proposal for an estimated $6,800 for professional consultation services by Westwood [Pacheco Koch] to assist with landscape design and application submittal for the 2024 TxDOT Green Ribbon Grant Program. The Board could not make a collective decision and the item was postponed. In a later discussion with Staff, Lea Young, Council Ex-Officio for the Parks Board, suggested that the city create a full design for all of its rights-of-ways which could be phased, planned, budgeted, and executed annually, as possible, with or without the Grant.

This contract presented to City Council is for the expanded professional services of landscaping architecture conceptual design for the IH-20 TxDOT north and south service roads’ rights-of-way within Willow Park’s approximate city limit from Tricia Trail to Mikus Road; monument sign design and location recommendations; and, application completion and submittal of the 2025 TxDOT Green Ribbon Grant Program. This design will be divisible into phases which can be budgeted and completed annually, and may be submitted for annual application for the TxDOT Green Ribbon Grant.

This contract amount is not to exceed $23,600 for professional services. These funds are currently available within the Parks Budget for Professional Services.

• Exhibits: Westwood Professional Services, Inc.’s Contract Proposal w/ Exhibits

  • Willow Park Civics Research

    • TxDot Landscape and Aesthetics Design Manual > TxDOT Section 7: Policy and Authorities Impacting Landscape and Aesthetics Design - TxDOT recognizes the need for developing highways with acceptable visual quality and has developed several proactive programs that encourage and assist the development of such transportation corridors. These include the Transportation Enhancements Program, Transportation Alternatives Program, Cost Share Program, the Governors Community Achievement Awards, Green Ribbon Landscape Improvement Program, and Landscape Partnership Program.

    • 1 Million Trees Across Texas, Scenic Texas, "The Green Ribbon Program was created to improve air quality for high traffic, urban areas with new road construction projects."

    • Colleyville City Council approves TxDOT grant funding for Hwy. 26 beautification, Community Impact, 08 June 2022, Excerpts: At its June 7 meeting, City Council approved the advanced funding agreement as TxDOT approved the city’s request for $172,000 in Green Ribbon funding reimbursement for eligible expenses related to the beautification of Hwy. 26 from Cheek Sparger Road to Brown Trail, the agenda item’s memo states. The city will be responsible for covering cost overruns from the project. Local funds will come from the city’s capital improvements program fund.

    • Green Ribbon Project Improving the visual character of our highway corridors.GoGrapevine


Executive Session

12. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation. #FortWorthWater

• Minutes No action taken.

• Willow Park Civics Research #FortWorthWater

• 12 December 2023 Council Meeting, Agenda Item 13 Section 551.071 - Consultation with Attorney; Halff & Associates Litigation.

• Cancelled 28 November 2034 Council Meeting Agenda Item 7. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation

• 14 November 2023 Council Meeting Agenda Item 13. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation.

• Mayor Pro Tem Young reconvened into Open Session at 7:25 pm. A motion was made to approve the filing of the lawsuit against Halff Associates, Inc. Motion made by Councilmember Young, Seconded by Councilmember Runnebaum. Voting Yea: Councilmember Contreras, Councilmember Gilliland, Councilmember Runnebaum, Councilmember Young, Councilmember Crummel

• 12 September 2023 Council Meeting Agenda Item 11. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation

• 08 August 2023 Council Meeting. Halff & Associates Litigation.

• Willow Park Blog > 18 July 2023 Council Review by The Community News. Council votes to sue water tank designer, 25 July 2023

• 18 July 2023 Special Council Meeting, Executive Session, Halff & Associates possible litigation

• 27 June 2023 Council Meeting, Executive Session Status of negotiations/potential litigation with Halff Engineering

• 13 April 2023 Council Meeting, Executive Session Consultation with Attorney; - Status of negotiations/potential litigation with Halff Engineering

• 28 November 2022 Special Council Meeting, Executive Session, Consultation with Attorney - deliberation about dispute with Halff Associates regarding the Fort Worth Water Project

• 15 November 2022 Council Meeting, Executive Session, Consultation with Attorney - deliberation about dispute with Halff Associates regarding the Fort Worth Water Project

• 12 April 2022 Council Meeting, Executive Session Consultation with Attorney - deliberation about dispute with Halff Associates regarding Fort Worth Water project


13. 551.087 - Economic Development Negotiations; 551.071 Consultation with Attorney; Wilks Development 380 Agreement. #TIRZandWilksDev #DevelopmentNorth #Finance

• 12 December 2023 Council Meeting, Agenda Item 11. 551.087 - Economic Development Negotiations; 551.071 Consultation with Attorney; Wilks Development 380 Agreement.

• Minutes: Motion "To approve a Chapter 380 Economic Development Agreement with Wilks Development for a new business in Willow Park.

• Willow Park Civics Research


Informational

• Minutes: Mayor and City Council Comments

• Mayor Moss thanked the citizens of Willow Park for this city council. He stated 2023 was a really good year for the city and it could not have been done without this council. He thanked the city council for the staff they have provided for the city. Lastly, he thanked Mr. Grimes for putting together a great staff for the city. The staff does a great job, and he is looking forward to 2024.

• Councilman Contreras asked if the city is prepared for the upcoming freeze. He also requested an update on the wastewater treatment plant.

• Minutes: City Manager Comments

• City Manager, Bryan Grimes stated the city is now the proud owner of King’s Gate Park. The park is approximately 20 acres of parkland that was given to the city by Wilks Development. There will be restrooms installed sometime in this fiscal year.



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