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Nov 13, 20239 min read

14 November 2023 Council Meeting

Updated: Nov 26, 2023

Agenda Items: WasteWater Treatment Plant, construction of a wastewater treatment plant and additional debt; declaring City of Willow Park 5,000+ inhabitants; Haney Development annexations; 4Q financial report; Willow Park Police Dept. tasers; electing a Board of Directors for PC Appraisal District; Agreement with Weatherford Mountain Bike Club; amending Development Fee Schedule; Presentation on Public Infrastructure Districts; Executive Session Halff Associates about Fort Worth Water Project.


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

• Meeting Page https://www.willowparkcivics.org/post/wastewater-treatment-plant

• minutes approved during the next meeting

• Youtube video

• Latest Update: Friday, 17 November, 2023

• Council Review The Community News 17 November 2023. New wastewater plant bid accepted, Certificates of obligation to help with payment, Haney annexation, population estimate Weatherford Mountain Bike Club

• Added Willow Park Civics Blogs

• Wastewater Treatment Plant, posted 15 November 2023


 

Public Comments

• Dave Laurenzo at 133 Sam Bass Rd. and Cindy Voorhees both spoke before the City Council. [WPN Note: Both Willow Park Citizens spoke on the drainage problems in their Sam Bass area; some of the drainage problems are long standing caused by utilities and some are recent caused by the Willow Park street improvement projects.]


Agenda Items


2. Discussion/Action: to award a contract for the construction of a wastewater treatment plant. #WastewaterTreatmentPlant

• Background: Bids for a 0.750 MGD plant were opened on Tuesday, October 30, 2023 at 3:00 p.m. 4 bids were received with the lowest bid being from Gracon Construction, Inc. Gracon Construction, Inc made a base bid of $13,606,655.00 with an additive alternate bid at $940,780.00. The additive alternate bid which includes the SPECO Screen and Grit Removal System as well as a 6” crushed base road to the plant.

• Exhibits: Bid Configuration Sheet

• Willow Park Civics Research

• Willow Park Civics > City Services > Wastewater

• Willow Park Civics Blog > Wastewater Treatment Plant, updated

3. Discussion/Action: to consider all matters incident and related to approving and authorizing publication and posting of notice of intention to issue certificates of obligation, including the adoption of a resolution pertaining thereto. / Consider all matters incident and related to approving and authorizing

publication and posting of notice of intention to issue certificates of obligation in an amount not to exceed $4,000,000 for the purpose of paying contractual obligations to be incurred for (i) wastewater utilities, and the financing thereof; including the adoption of a resolution pertaining thereto.

• Background: With the approval of the contract to construct a new wastewater treatment facility, the City will need to issue additional debt to cover the contract overage gap of the contact amount and the amount of funds available to complete the project. Staff is recommending that Council adopt Certificates of Obligation to be paid by Wastewater Revenues. Action taken tonight only provides Notice. It is not an issuance of debt. This is similar to actions Council has taken previously.

• Willow Park Civics Research, see agenda item 2.

• [See The Community News, Council Meeting Review above.]

• Willow Park Civics Blog > Update to Wastewater Treatment Plant

• Notice of Intent to Issue Certificates of Obligation for WWTP, Willow Park City Website, 15 November 2023



4. Discussion/Action: to approve a resolution finding and declaring that the City of Willow Park has more than 5,000 inhabitants in the corporate limits of the City.

• Background: Per state statute, General Law Cities in Texas may certify their population is greater than 5000 residents. There are multiple ways to make this determination, including using water accounts as a base line. The formula to certify population using water accounts is as follows:

Number of Accounts * 3.5 Residents per Account

2281 Water Accounts * 3.5 Residents = 7,983 Residents

Please note this only reflects water accounts. The City also has 141 garbage only accounts which is not reflective in this formula. When garbage only accounts are factored in, the City could add an additional 493 residents to our population.

• Exhibits: • Ordinance • Texas Demographic Center, Estimates of Total Population

• Willow Park Civics Research

• The Texas Constitution > Article 11. Municipal Corporations, Section 5 Cities Of More Than 5,000 Population: Adoption Or Amendment Of Charters; Taxes; Debt Restrictions

• [See The Community News, Council Meeting Review above.]


5. Consider and take action on a resolution declaring the City's intent to begin [Haney] annexation of approximately 7,815 feet, comprising 10.95 acres of East Bankhead Highway, directing City staff to prepare a service plan and scheduling two public hearings on the proposed annexation. #DevelopmentSouth

• Background: On August 8, 2023, City Council accepted the four tracts of land, totaling 31.247 acres, situated in the Eliza Oxer Survey, Abstract 1031, owned by Dustin and Jayme Haney, into its extraterritorial jurisdiction, and approved the Developer’s Agreement. Within this Agreement was Petition for Annexation into the City of Willow Park as soon as the property was eligible for annexation. / This Resolution represents the City’s intent to annex East Bankhead Highway to the Haney properties, to annex them into the City of Willow Park.

• Exhibits: • Resolution No. • Exhibit A – Legal Description • Resolution No. • Exhibit A-1 – Map

• Willow Park Civics Research

• 17 October 2023 P&Z Commission and Capital Improvement Advisory Meeting, Agenda Item 3. Consideration & Action: Preliminary Plat for Lots 1-5, Haney Complex, being 31.247 acres, Eliza Oxer Survey, Abstract No. 1031, in the Extraterritorial Jurisdiction of the City of Willow Park, Parker County, Texas. [Additional maps and details.]

• 08 August 2023 Council Meeting, 6. Discussion/Action: to approve a joint ordinance and extraterritorial jurisdiction (“ETJ’) boundary agreement with the City of Aledo to release and transfer a 31.247 acre tract of property to the City of Willow Park’s ETJ... owned by Dustin K. and Jayme L. Haney, Co-Trustees of the Haney Revocable Trust. [Additional maps and details.]

6. Consider and take action on a resolution accepting the annexation petition from Dustin Kyle Haney and Jayme Lynne Haney requesting annexation of an approximately 31.247 acre tract, directing City staff to prepare and negotiate an annexation services agreement and scheduling a public hearing on the proposed annexation. #DevelopmentSouth

• Background: On August 8, 2023, City Council [below] accepted the four tracts of land, totaling 31.247 acres, situated in the Eliza Oxer Survey, Abstract 1031, owned by Dustin and Jayme Haney, into its extraterritorial jurisdiction, and approved the Developer’s Agreement. Within this Agreement was Petition for Annexation into the City of Willow Park as soon as the property was eligible for annexation. This Resolution accepts the property owners’ Petition as the City prepares for its ability to annex this property.

• Exhibits: • Resolution No. • Exhibit A – Legal Description • Exhibit A-1 – Preliminary Plat

• Willow Park Civics Research, see agenda item 6.

• [See The Community News, Council Meeting Review above.]


7. Discussion/Action: to approve the City's 4th Quarter Financial Report.

• Background: Review and provide an update on the 4th fiscal quarter 2022-2023 financial activity of the city.

8. Discussion/Action: to approve a contract with Axon for the Taser 7 over a five year period. #EMSFirePoliceAmb

• Background:

• The police department currently uses the X26Ps, which were purchased in December 2017.

• Axon suggests replacement of energy devices after 5 years, due to warranty expirations. After 5 years, the tasers are also no longer covered under Axon’s multi-million-dollar policy.

• The taser’s components are no longer covered after 5 years. Axon states the devices’ failure rates have a potential to double with age past 5 years.

• Taser agreement will allow department to pay for new tasers over a five-year period preventing a one large payment amount.

• Exhibits: cost chart, Axion proposal

• Willow Park Civics Research

• Axon > Taser 7 , photo above


9. Discussion/Action: to approve a resolution electing a Board of Directors for the Parker County Appraisal District of Parker County. #PropertyTax

• Background: The current two-year term of the five-member board of directors ends on December 31, 2023. The selected directors will serve a 1-year term beginning January 1, 2024.

The next step in the selection process is for voting units to cast their votes for the nominees. Section 6.03 (k) of the Texas Property Tax Code, except as provided by Subsection (k-1) requires each voting tax unit to (1) vote in an open meeting, (2) record its vote by written resolution, and (3) submit the resolution to the Chief Appraiser before December 15, 2023, unless the taxing unit is entitled to at least five percent of the total votes.

A taxing unit may cast its votes for one candidate or distribute the votes among any number of candidates. A voting unit may only cast votes for persons nominated and named on the ballot. The five candidates receiving the highest number of votes will be declared the winners.

• Exhibit: Resolution [vote cast above.]

• Willow Park Civics Research

• Tax Code > Title 1. Property Tax Code >Subtitle B. Property Tax Administration > Chapter 6. Local Administration > Subchapter A. Appraisal Districts


10. Discussion/Action: to approve an agreement between the City of Willow Park and the Weatherford Mountain Bike Club. #Parks

• Background:

Larry Colvin, President, of the Weatherford Mountain Bike Club (WMBC) has been working with the City of Willow Park for nearly three years to create a trail design for our city. He is also the lead design engineer for Baird, Hampton & Brown and created the Willow Park Parks & Trails Master Plan Addendum, adopted by City Council on 10.10.23 [See below.] which includes the proposed design and implementation of a realistic trail system for the City of Willow Park.

As the reality of the Willow Park Trails begins this winter, a User Agreement with the Weatherford Mountain Bike Club should be in place to assign it the responsibility to build and maintain the single-track hiking/biking trails, and indemnify the City, as is done for the Weatherford and Aledo trail systems. This Agreement is a three-year term.

WMBC also maintains a $2 Million Commercial General Liability Insurance policy, attached, and upon execution of this Agreement, the City of Willow Park will be listed on the WMBC’s Certificate of Liability Insurance as a Certificate Holder, example attached.

• Exhibits: • User Agreement • WMBC General Liability Certificate • WMBC – Certificate of Insurance for City of Weatherford

• Willow Park Civics Research

• Willow Park Civics Blog > Willow Park Parks and Trails Index

• 10 October 2023 Council Meeting Agenda Item 5. Discussion/Action: to approve and adoption of City of Willow Park's Parks & Trails Master Plan Addendum.

• [See The Community News, Council Meeting Review above.]


11. Discussion/Action: to adopt an ordinance amending Ordinance 887-23 "Development Fee Schedule".

• Background: The fee for single day Mobile Food Vendor was erroneously omitted, the Non-Sufficient Fund fee was misquoted, and a copy fee was changed from the “Development Services Fee Schedule” approved by City Council on 10.10.23, and. [sic]

• Willow Park Civics Research

• 10 October 2023 Council Meeting Agenda Item 10. Discussion/Action: ordinance amending Ordinance 859-22 "Development Services Fee Schedule".


12. Discussion Only: Public Improvement District. #DevelopmentNorth #DevelopmentSouth

• Background: As part of our economic development discussions with developers, the City has been asked frequently about using Public Infrastructure Districts, or PIDs as another tool in the economic development toolbox. The City of Willow Park does not currently have any PIDs in its jurisdiction. To that end, staff has consulted with subject matter experts to present to Council on what a PID is, pros and cons, how to develop a PID, and other related items. Some of the subject matter experts the City has a relationship with such as Hilltop Securities and Norton Rose Fulbright. The Council will also hear from other PID experts as well / This is for informational purposes only. No motion will be made. No action will be taken.

• Exhibits: Hilltop Securities, Overview of TIRZ and PID, 14 November 2023 [in .pdf]

• Willow Park Civics Research


Informational / Minutes


• Councilman Runnebaum requested Staff to regulate requests from residents who are wanting changes made to their property during road construction at the cost of other taxpayers.

• Mayor Pro Tem Young requested an update from Staff on drainage issues that have been brought to the city council. [Referring to the Public Comments]

• City Manager Bryan Grimes thanked the City Council and Mayor Moss for allowing him to be excused from the last several city council meetings and attend all his son’s football games. He praised the city staff for being one of the best in the state of Texas but most of all he thanked the Assistant City Manager, Bill Funderburk. He presented Mr. Funderburk with a Texas Rangers World Series shirt as a token of gratitude.


Executive Session

• 13. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation.

Minutes: 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


• Willow Park Civics Research

• 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


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