City Council Meeting: August 5, 2019

Aug 5 2019

7:00 pm New Fairview City Hall

999 Illinois St, Rhome 76078

REGULAR CITY COUNCIL MEETING
JULY 29, 2019 AND AUGUST 5, 2019 MEETINGS
7:00 P.M.
New Fairview City Hall
999 Illinois Ln.
New Fairview TX 76078
AGENDA

Pursuant to Section 551.071 of the Texas Government Code, the Council may convene into Executive
Session(s) from time to time as deemed necessary during the meeting for any posted agenda item and
may receive advice from its attorney as permitted by law.

1. CALL TO ORDER
2. ROLL CALL

3. CONSENT AGENDA

All matters listed as Consent Agenda are considered to be routine by the City Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and will be considered separately.

A. Approve a 3 year term for the contract with Linebarger, Coggan, Blair & Sampson LLP.

4. OPEN FORUM

The City Council invites persons with comments or observations related to city issues, projects, or
policies to briefly address the City Council. Anyone wishing to speak should sign-in with the City
Secretary before the beginning of the City Council meeting. In order to expedite the flow of business
and to provide all citizens the opportunity to speak, there is a three-minute limitation on any person
addressing the City Council. State law prohibits the City Council from discussing or taking action on
any item not listed on the posted agenda.

5. NEW BUSINESS

A. Discuss, consider and act on vote to approve budget for this coming year.

B. Discuss, consider and act to approve tax rate for the first year of taxes

C. Discuss, consider and act to approve what property tax is for.

D. Discuss, consider and act on presentation from Alisia Scheps and Nate Tyler on budget for a future New Fairview Police Department

E. Discuss, consider and act on development fees

F. Discuss, consider and act on presentation from Jim and Jennifer Zimmerer on development on
Brock Lane.

G. Discuss, consider and act on presentation from Jon Westrom with Oliver Creek Ranch Phase 2
development.

H. Discuss, consider and act on presentation with Scott Avondale with Avondale Development
Group-Pioneer Ranch

6. ADDITIONAL NEW – OLD BUSINESS

A. Discuss, consider and act on commercial zoning

B. Discuss, consider and act on gravel roads statements /ordinances. Martindale. Graham. Other
gravel roads. The city does not plan on paving these roads within the next x number of years.

C. Discuss consider and act on Rules and Ordinances established when Dan Boutwell was the city
planner. Ordinances stating that roads such as Graham road -- “ Graham road, the gravel road has to be paved by Cates water tank property and dollar general property owners within five years of the business beginning”.. When new investors purchase land by any gravel roads they are
responsible to pay for pavement on the gravel road by their property.

D. Discuss consider and act on when Devon no longer will be responsible for maintenance on major
city and county roads from past road agreements. Devon is no longer responsible for county and
city roads they now maintain. Such as Pioneer, 4717, Graham, Martindale, and other gravel roads

E. Due to the increased number of houses and businesses on these roads, roads being asphalted,
paved. and less use of these roads by Devon. New agreements with housing developments Due
to Property Taxes that Devon will be paying. Steps of this phasing Devon out of this
process.

F. Discuss, consider and act on when will Pioneer, 4717, Graham Road, Martindale be
paved?
When does the city want to have detailed study and clarification of paving gravel roads or
to leave them gravel roads for x more years.
What is the process and timeline on each individual road to do what?
The city, the developers and the County’s role with each individual road.
Purchasing property,
electric lines, phone lines,
county pays, developers pay, city pays???
This immediately affects Fairview Meadows and Pioneer Development.
We may have to hire a firm - consultants – to prepare a detailed plan.
What are the estimated costs, for these projects.

G. Discuss consider and act on the Carter property development.
Five acre lots do not have to be platted and can have gravel roads following certain guidelines and
variables. Old state law? New state law?
The new interpretation of this law.
How Barry Hudson and Bradley Anderle interpret this law.

H. Discuss consider and act on the Pioneer Estate project on Pioneer Road.
Approximately ten new house locations – that will directly enter and exit the
development onto Pioneer Road. Houses are to enter and exit directly onto Pioneer
and this has already been approved for houses in the Fairview Meadows on Pioneer
Road.
Pioneer Estates --- phases, city paving pioneer road? Other options.

I. Discuss consider and act on the status of the Fairview Meadows development.
Progress. Phases and roads

J. Discuss consider and act on the status of the Falcon Ridge development.

K. Discuss the boundary adjustment agreement with Fort Worth.
Progress on Fort Worth Boundary Agreement so Falcon Ridge can complete their concrete roads.
Progress of the Fort Worth Agreement for the property on the road between County Line
Road and Rhome.
General Progress and the final steps of the Fort Worth and New Fairview boundary agreement.

7. BUDGET WORKSHOP

A. Discuss and consider proposed budget for Fiscal Year 2019. Property Tax Discussions
and Decisions.

8. EXECUTVE SESSION

Pursuant to authorization by title 5, Chapter 551, of the Texas Government Code, Section
551.071 closed session consultation between city council and city attorney to seek legal advice
from the city attorney regarding legal issues related to any item on the agenda.

9. OPEN SESSION

A. Discuss, consider and act on necessary items discussed in Executive Session.

B. Discuss, consider, and act on permits, house permits.
The many variables and different interpretations from different cities.
We do have a permit fee system now
but - new interpretations of the new state law will continue. New lawsuits will probably occur
due to numerous interpretations of the new law.
Professional groups are receiving new information from legal state workshops, builder
association workshops, and city workshops.
Which state group is putting a stamp of approval on each cities new permit guidelines?
Permit review.... Again --- State law cases against new rules by individual cities.... legal
reviews....

C. Discuss, consider and act on Professional Service Agreements with Developers ----
Up front money, retainer type fees, pre meetings to discuss developer plans, costs, and steps
for approval. Legal ---To change our accounting procedures for all consultants - such as legal
expenses, Dunaway Expenses, Engineering Expenses....
all Inspections....

D. P. Koch used to break down many of these costs for the city...
Figures / costs for future budgets.

E. Monica - presents details of her accounting process with developers, individual
plats, Dunaway and TOASE, etc. ...

This helps us to better see expenses – hidden and forgotten cost in processing – that need to be
included with permits and or in a property tax breakdown... Knowledge – COST - of the time
consuming process of operating basic city fuctions.
This will bring forward new issues and procedures.
This helps us to see the need for an extremely good accounting system....
The Council needs to clearly see and must know these facts for these procedures...
To make sure we pay bills promptly. What funds are needed in our new budget.

F. Discuss, consider and act on Martindale 2.6 acre property 474 Martindale Dunaway's
letter.

G. Discuss, consider and act on Legal fees for the city on Preparing work on Property Taxes
Preparing work with Developers When the Developer pays and the city pays. Bradley Anderle
will discuss this. Include in future property tax budget

H. Discuss, consider and act on The future of Planning and Zoning.

I. Discuss, consider and act on Impact Fees.

10. ADJOURN

I, the undersigned authority, do hereby certify the above notice of the meeting of the City Council of New
Fairview, is a true and correct copy of the said notice that I posted on the official posting place at New
Fairview City Hall, FM 407, New Fairview, Texas, a place of convenience and readily accessible to the
general public at all times, and said notice posted this 2nd day of August 2019, 7:00PM at least 72 hours
proceeding the meeting time.
____________________________
Monica Rodriguez, City Secretary

SEAL:

This facility is wheelchair accessible, parking spaces are available. Request for accommodations or
interpretive services must be made 48 hours prior to this meeting. Please contact the city secretary at city
hall 817-638-5366 or fax 817-638-5369 or by email at citysecretary@newfairview.org for further
information.


August-5-2019-Agenda.pdf
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MINUTES
COUNCIL MEETING
August 5, 2019
7:00 PM

State of Texas
County of Wise
City of New Fairview

The City Council convened into a Special Meeting. The same being open to the public, the 5
th day of August 2019 in the New Fairview City Hall and notice of said meeting giving the time, place
and subject therefore having been posted as prescribed by Article 5 of the Texas Governmental
code, with the following members present:

CITY COUNCIL
Mayor Pro Tem Scott Johnson
Councilman Bill Payne
Councilman Rick White
Councilman Charley Stumm
Councilwoman Rebecca McPherson

PRESENT
City Attorney Bradley Anderle
Alisia Scheps
Jim and Jennifer Zimmerer
Jon Westrom
Scott Avondale
Scott Schambacher

ABSENT
Mayor Joe Max Wilson

ITEM NUMBER 1. CALL TO ORDER:

Mayor Pro Tem Scott Johnson called the meeting to order at 7:05 PM.

 

ITEM NUMBER 2. ROLL CALL:

Roll call with the above-mentioned names present.

ITEM NUMBER 3. CONSENT:

All matters listed as Consent Agenda are considered to be routine by the City Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.

A. Approve a 3 year term for the contract with Linebarger, Coggan, Blair & Sampson LLP.
Councilman Rick White made a motion to approve. Motion seconded by Councilwoman
McPherson. Motion passed unanimously.

ITEM NUMBER 4. OPEN FORUM:

The City Council invites persons with comments or observations related to city issues, projects, or
policies to briefly address the City Council. Anyone wishing to speak should sign-in with the City
Secretary before the beginning of the City Council meeting. In order to expedite the flow of business
and to provide all citizens the opportunity to speak, there is a three-minute limitation on any person
addressing the City Council. State law prohibits the City Council from discussing or taking action on
any item not listed on the posted agenda.

ITEM NUMBER 5. NEW BUSINESS:

A. Discuss, consider and act on vote to approve budget for this coming year.

B. Discuss, consider and act to approve tax rate for the first year of taxes.

C. Discuss, consider and act to approved what the property tax is for.

D. Discuss, consider and act on presentation from Alisia Scheps and Nate Tyler on a budget for a
future New Fairview Police Department.

Alisia Scheps: Future planning for the department. Power point presentation. Within the 1st 6 months
of 2019, there has been 407 calls. Reduce crime and quicker response times. Rotate 12-hour shifts.
Grants would cover some salaries. 4 officers and 2 sergeants; more income from seizures and/or city
impound.

E. Discuss, consider and act on development fees.

F. Discuss, consider and act on presentation from Jim and Jennifer Zimmerer on development
on Brock Lane.

Zimmerer: Improvements to Brock Lane. 1-acre tracts – to build barndominiums, if allowed. 12.1
acres – average 3 bed 2 bath – average 2000sf. Inside New Fairview city limits.

City Attorney Bradley Anderle – Zone ag and according to ag it’s a minimum of 2 acre lots, so in
order to accommodate them, they need to request a zoning change. We would have to look into
if they are required to pave the streets?

Mayor Pro Tem Scott Johnson – Someone has to pave the road and city does not have the money to
do the paving. Find out what the easements are and if there is right of way with Devon pipeline
and the telephone line.

G. Discuss, consider and act on presentation from Jon Westrom Oliver Creek Ranch Phase 2
development.

Jon Westrom – Oliver Creek Ranch Phase 2 set to close this month – development into 11 lots – intent
to see if the City of New Fairview will approve this. In ETJ area off 4421. Want a 2nd access
for emergency. Proposing that there is a gravel access. Need septic and water for each
property.

H. Discuss, consider and act on presentation from Scott Avondale with Avondale Development
Group – Pioneer Ranch.
Scott Schambacher – Land Developer for 20 years. 2-acre minimum lot size – needed in the area.
The ugliest would be the back of the homes facing the roadway – so they turn the homes around
to face the front to the roadway. 100 ft set tract homes. Pioneer – chip and seal. Property line
goes to the middle on the road. There is no way this project would work if they had to concrete
the road.

ITEM NUMBER 6. BUDGET WORKSHOP:

Discuss and consider proposed budget for Fiscal Year 2019. Property Tax discussions and decisions.
City Council went thru the budget and discussed several options on tax rates and what we needed to
cover. The council will come back and decide on a tax rate. More money will be allocated for road
repairs. Council will schedule a Public Hearing on the 26th for the tax rate.

ITEM NUMBER 7. EXECUTIVE SESSION:

Pursuant to authorization by title 5, Chapter 551, of the Texas Government Code:

A. Section 551.071: closed session consultation with city attorney to seek
legal advice from the city attorney regarding legal issues related to any item on the
agenda.

B. Section 551.074: deliberation regarding the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public office or employee.
City Council went into executive session at 9:04 PM. Back to open session at 9:31 PM.

ITEM NUMBER 8. OPEN SESSION:

A. Discuss, consider and act on necessary items discussed in Executive Session.
No discussion

ITEM NUMBER 9. ADJOURN:

Mayor Pro Tem Scott Johnson made a motion to adjourn the meeting at 9:32 PM. Motion
seconded by Councilman Rick White. Motion passed unanimously.

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