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24 October 2023 Council Meeting

Updated: Nov 10, 2023

Agenda items: official newspaper; changes to Municipal Court, Alcohol Beverage Municipal Fee Ordinances; Broadway Business Parks I and II; Country Hollow; Capital Improvement Advisory report; building inspector backup; Executive Session, Halff & Associates litigation

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

Meeting Page (agenda packet in .pdf; minutes approved during the next meeting; Youtube video)

• Latest Update: 10 November, 2023 added minutes; 27 October; 20 October, 2023

• The Community News > Council Review [in.pdf]


 

Public Comments

none


Agenda Items


2. Discussion/ Action: to designate the official newspaper of the City of Willow Park for the fiscal year 2023-2024.

Background: Staff recommends retaining The Community News as the official Newspaper of Record for the City of Willow Park.

• [See The Community News Council Review linked above.]


3. Discussion/Action: to repeal the existing Municipal Court ordinance contained in Chapter 7 "Municipal Court" of the City's Code of Ordinances and restate, amend and adopt a new Chapter 7 "Municipal Court" ordinance.

Background: Chapter 7 Municipal Court of the City’s Code of Ordinances had not been updated since the mid 90’s and early 2000’s. There were several items that needed to be updated which included Municipal Court hours of operation, Technology Fund, Building Security Fund, and additional fees. A new Municipal Court fee schedule will be added to the Municipal Services Fee Schedule Ordinance.

Willow Park Civics Blog > Willow Park Municipal Court, 3Q 2023 Report, 29 August 2023

• [See The Community News Council Review linked above.]


4. Discussion/Action: to repeal the existing Alcohol Sales ordinance contained in Chapter 4 "Alcohol Sales" of the City's Code of Ordinances and restate, amend and adopt a new Chapter 4 "Alcoholic Beverages" ordinance.

Background: Alcohol Sales Article 4.11 under Chapter 4 Business Regulations has not been updated since 2015. The current ordinance only addresses Late Hour Sales. The amended ordinance will include the state regulations for Alcohol Sales. This ordinance will bring this section of Chapter 4 up to date on current code.

• [See The Community News Council Review linked above.]


5. Discussion/Action: to adopt an ordinance adopting Municipal Services Fee schedule.

Background: The City’s Municipal Services Fee Schedule has been amended several times over the last few years. The city has recently adopted a new Development Fee Schedule and Enterprise Fee Schedule, therefore the city needs to update the Municipal Services Fee Schedule to include updated Municipal Court Fees and other administrative fees.

• [See The Community News Council Review linked above.]


6. Discussion/Action: to consider a Developer’s Agreement with 9901 Bankhead Park, LLC, [aka Broadway Business Park I, Abstract 954 and II, Abstract 955] for the annexation and development of Lots 5-7, Block 1, Broadway Business Park II, located in the City of Willow Park’s Extraterritorial Jurisdiction. #DevelopmentSouth [See Agenda Item 7]

Background: Lots 5-7, Block 1 of the Broadway Business Park II, totaling 5.891 acres, situated in the McKinney & Williams Survey, Abstract 955 and the Eliza Oxer Survey, Abstract 1031 (see proposed Preliminary Plat as Exhibit “A”), and owned by 9901 Bankhead Park, LLC [CorporationWiki, Bizapedia, 1340 S Main St Ste 305 Grapevine, TX 76051-7512] are proposed for commercial development. / Property owner has requested water service, which the City of Willow Park can provide. The Developer’s Agreement provides terms for public utility services and includes the properties’ immediate annexation into the City of Willow Park as soon as possible.

Exhibits: • Developer’s Agreement • Exhibit “A” – Proposed Preliminary Plat [in.pdf] • Exhibit “B” – Petition Requesting Annexation by Area Landowners • Exhibit “C” – Annexation Services Agreement • Willow Park ETJ Map [Willow Park Civics > City > City Documents > City Limit Map]

• [See The Community News Council Review linked above.]


Willow Park Civics Notes: Both BBP 1 and 2 are requesting city water services and annexation into Willow Park ETJ in their Developers Agreement / Jeff Merick representative there but did not speak / Chad Sears property owner did not speak

Willow Park Civics Research

22 August 2023 Council Meeting, Agenda Item 11. Final Plat for Lots 1-4, Block 1, Broadway Business Park Addition, being 8.046 acre tract in the McKinney & Williams Survey, Abstract No. 954, in the Extraterritorial Jurisdiction of the City of Willow Park, Parker County, Texas.

15 August 2023 P&Z Commission Meeting, Agenda Item 4. Final Plat for Lots 1-4, Block 1, Broadway Business Park Addition, being 8.046 acre tract in the McKinney & Williams Survey, Abstract No. 954, in the Extraterritorial Jurisdiction of the City of Willow Park, Parker County, Texas.

18 July 2023 P&Z Commission Meeting, Agenda Item 2. Preliminary Plat for Lots 1-4, Block 1, Broadway Business Park Addition, being 8.046 acres, McKinney & Williams Survey, Abstract No. 954, in the Extraterritorial Jurisdiction of the City of Willow Park, Parker County, Texas.


7. Discussion/Action: to consider a Developer’s Agreement with RBRS Ventures, LLC, for the annexation and development of Lots 1-4, Block 1, Broadway Business Park, located in the City of Willow Park’s Extraterritorial Jurisdiction. #DevelopmentSouth [See Agenda Item, 6]

Background: Lots 1-4, Block 1 of the Broadway Business Park [I], totaling 8.046 acres, situated in the McKinney & Williams Survey, Abstract 954 and the John H. Phelps Survey, Abstract 1046 (see Plat as Exhibit “A”), and owned by RBRS Ventures, LLC are proposed for commercial development.

Property owner has requested water and sewer service, which the City of Willow Park can provide. The Developer’s Agreement provides terms for utility services and includes the properties’ immediate annexation into the City of Willow Park as soon as possible.

To meet the requirement of contiguous properties for annexation, this Developer’s Agreement is contingent upon the execution of the Developer’s Agreement for the southern adjoining property: Lots 5-7, Block 1, Broadway Business Park II.

Exhibits: • Developer’s Agreement Exhibit “A” – Final Plat [Broadway Business Park I, August 2023] • Exhibit “B” – Petition Requesting Annexation by Area Landowners [Prelim Plat Broadway Business Park IISeptember 2023] • Exhibit “C” – Annexation Services Agreement Willow Park ETJ Map

Willow Park Civics Research. See Agenda Item 6.

• [See The Community News Council Review linked above.]


Broadway Business Park II
Broadway Business Park I

8. Discussion/Action: to approve a Final Plat for Country Hollow residential subdivision, 102 Lots, being 19.167 acres, John H. Phelps Survey Tract, Abstract No. 1046, in the City of Willow Park, Parker County, Texas. #DevelopmentSouth

Background: Applicant, History Maker Homes, and Property Owner, Scott Moehlenbrock, Red River Development, bring forth the final plat of the 19.17 acre tract, located south of 5720 East I-20 Service Road South, north of Hunters Glen residential subdivision, John H. Phelps Survey Tract, Abstract No. 1046. This Plat is subdividing one contiguous parcel, which was not previously platted, into 101 lots, 98 of which will be residential. This parcel is being platted for subdivision, development, and intended sale.

This property was annexed into the City of Willow Park on October 12, 2021 (Ordinance No. 843-21) and its zoning is a Planned Development District, approved by Council on April 12, 2022 (Ordinance No. 857- 22).

The final plat shows all recorded easements and fixtures to the land. City services for water and sewer are available, intended, and included.

City Staff has reviewed the Final Plat, concerns have been addressed, and revisions are included on the attached documents. Planning & Zoning Commission has approved the Final Plat unanimously with a 3-0

Exhibits: • Final Plat (11.30.22) – Country Hollow Addition • Plat Application & Checklist • Aerial photo of property

Willow Park Civics Notes: Final plat was not filed in Feb 2023 because of the sale of the development from Red River to History Maker / As soon as final plat approved will begin plans to start work early 2024 with completion in 18 months / There were 101 lots in the first final plat and the new final plat has 102. / The number of residential lots is still 98, but the number of HOA amenity lots has increased from 3 to 4, the entrance sign at the north end, the two detention ponds at the south side of the property, and now the lots under the wall next to the entrance sign.

Willow Park Civics Research > 17 October 2023 P&Z Commission and Capital Improvement Advisory Meeting Agenda Item 2. Final Plat for Country Hollow residential subdivision, 102 Lots, being 19.167 acres, John H. Phelps Survey Tract, Abstract No. 1046, in the City of Willow Park, Parker County, Texas

• [See The Community News Council Review linked above.]


9. Discussion Only: to receive a report on the Capital Improvement Advisory [CIA] Committee meeting.

Background: The Planning & Zoning Commission and an E. T. J. Representative were appointed by the City Council to serve as the “Capital Improvements Advisory Committee”. The purpose of this committee is to advise the City Council on matters related to the Water and Wastewater Impact Fees and, at as it did in August 2022, to assist with the adoption of the Land Use Assumptions, Capital Improvements Plan, and Impact Fees.

The Capital Improvement Advisory Committee met on October 17, 2023 to approve the minutes of the August 2022 meeting minutes and were presented the Impact Fee Report for the Fiscal Year 2022-23.

Impact Fees are charges and/or assessments imposed by a political subdivision on new development to generate revenue for funding or recouping the costs of capital improvements or facility expansion necessitated by and attributable to new development. An impact fee allows a city to recoup, from property developers, some of the costs new development places on city infrastructure. Tex. Loc. Gov’t. Code 395.004(4). Impact Fees may only be used to pay certain costs for: 1) Constructing capital improvements on facility expansions for water supply, treatment, and distribution facilities; 2) Wastewater collection and treatment facilities; 3) Stormwater drainage; and 4) Roadways. Tex. Loc. Gov’t. Code 395.001(1).

Exhibits: Impact Fee Report for Fiscal Year 2022-23

Willow Park Civics Research > 17 October 2023 P&Z Commission and Capital Improvement Advisory Meeting, Capital Improvement Advisory Committee Meeting > Agenda Item 2. Discussion: Water and Wastewater Impact Fee Report


10. Discussion/Action: to approve an agreement with North Texas Inspection Service, L. L. C. to provide commercial and residential inspections. [building inspector backup]

Background: We are in the need to have a backup option for Chief Building Official, Randy Law. Since Randy is our only building inspector, at times we need inspections when he is sick or on vacation. NTIS will provide this service as needed. NTIS will perform these duties at a cost of Commercial/ Multi-Family, $150.00 per inspection and Residential at $75.00 per inspection.

Exhibits: Agreement

Willow Park Civics Notes: For building inspection services only / $150 for commercial and $75 for residential / no retainer / will provide services ASAP / Funderburk said if no building inspector available the city tell builder to go ahead but leave hole in dry wall for spot inspections.

Willow Park Civics Research > 08 February 2022 Council Meeting

Agenda Item 5. Discussion/Action: to terminate the agreement with Bureau Veritas North America, Inc. • BACKGROUND: The City entered into an agreement with Bureau Veritas on August 12, 2014 to provide inspection and plan review services. Since beginning on February 14 the City will have it's own Building Official that will provide these duties we will no longer need Bureau Veritas in any capacity. To terminate agreement with Bureau Veritas we must give thirty day written notice. There may be an overlap due to inspections that are underway with certain projects. Details will be considered on each project and amount of time to completion.


Informational

• Mayor and Council Comments

• Minutes

• Councilman Runnebaum requested information regarding possible loss of power to the Fort Worth El Chico Water Facility. He also requested the status of upcoming road projects.

• Councilman Gilliland wished Mayor Pro Tem Lea Young a happy birthday and to get well soon.

• Mayor Moss thanked City Council and City Staff for continuing to do a great job.

• Willow Park Civics Note

• Council Runnebaum.

• If power or water is lost in the new Fort Worth pump station, how long to we have backup power? Asked city to research and report.

• Now current street projects are being completed, what is next in the Street Improvement Plan? Asked city to research and report.


• City Manager Comments

None


Executive Session

The City Council did not convene into Executive Session.

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


• 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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