City Council Meeting: July 29, 2019

Jul 29 2019

7:00 pm New Fairview City Hall

999 Illinois St, Rhome 76078

REGULAR CITY COUNCIL MEETING
JULY 29, 2019
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.

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.

NEW BUSINESS

5. Discuss, consider and act on commercial zoning

ADDITIONAL BUSINESS

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

7. Discuss consider and act on Rules with Dan stating on Graham road the gravel road has to be paved
by Cates water tank property and dollar general property. On down the road within five years of the
business beginning…..a new system.

8. Discuss consider and act on Devon moving away from road agreements with houses. Pioneer.
4717. Graham. Martindale.

9. Discuss consider and act on the status of the Pioneer Estates development.

10. Discuss consider and act on the Carter property development. Five acre lots do not have to be platted
even in a city and can have gravel roads now…Old state law. New state law. They plan on using this
law in ponder and new Fairview. On the CARTER property.

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

12. Discuss consider and act on development presentation from Jon Westrom regarding the Oliver Creek
Ranch development.

13. Discuss the status of the Falcon Ridge development.

14. Discuss the boundary adjustment agreement with Fort Worth.

BUDGET WORKSHOP

15. Discuss and consider proposed budget for Fiscal Year 2019.

EXECUTVE SESSION

16. 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.

OPEN SESSION

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

18.Discuss, consider and act on.
Pioneer Estates — phases, city paving pioneer road? etc.
house locations – entering – exiting the development onto Pioneer.
Dust on Pioneer Road.
See your packet

19.Discuss, consider and act on.
Carter Property —
See your packet
Going to Gravel roads and no plats within the city – for five acre lots.
Temporary use

20.Discuss, consider and act on.
Fairview Meadows
Status
Pioneer Road
Houses were approved to enter and exit directly onto Pioneer — and this is happening with the
Pioneer Development on Pioneer Road.

21.Discuss, consider and act on.
Oliver Creek Ranch
See Packet

22.Discuss, consider and act on.
Falcon Ridge
Permits, house permits, status.

23.Discuss, consider and act on.
Progress on Fort Worth Agreement for Falcon Ridge so they can complete their concrete roads.
Fort worth Agreement on Road between County Line Road to Rhome. Barry’s question.

24.Discuss, consider and act on.
Road issues with Denton County and Wise County…. Fort Worth Agreement with roads. Are
the roads to be half in the county, half in Fort Worth, all in New Fairview — This is needed for
numerous decisions. Dunaway needs this for the Fort Worth Boundary agreement we have
been working on since Falcon Ridge and Cathy Green made their request — January
2018? This is to hopefully be complete by Dunaway – Barry Hudson – on July 19, 2018. TOASE
– Bradley Anderle – is working on the legal issues for this… This should be complete very soon.
We have had recent meetings discussing the completion of the Fort Worth Boundary
Agreement.

25.Discuss, consider and act on.
Devon Agreements with maintaining Pioneer Road, Martindale, Graham Road, etc. They have
numerous issues for us to begin discussions for decisions due to Property Taxes, going from
gravel to pavement such as on Pioneer, More people on the gravel roads – such as Martindale.

26.Discuss, consider and act on.
When will the city pave Pioneer, 4717, Graham Road, Martindale. We need a major study and
clarification ASAP. Immediately. For developers and the County. Purchasing property, electric
lines, phone lines, county pays, developers pay, city pays??? This immediately effects Fairview
Meadows and Pioneer Development.
This applies to several of our roads.
We may have to hire a firm – consultants – in preparing documents, costs, for these projects.                                                                                                                                        P. Koch used to break down many of these costs…                                                                                                                                                                                                         A lot of expense — developers, city, county,
Meetings need to begin on this.
Figuring this into the budget.

27.Discuss, consider and act on.
Professional Service Agreements with Developers —-
Upfront money —
Legal —
Require when —
To change our accounting procedures for all consultants – such as legal expenses, Dunaway
Expenses, Engineering Expenses….
all Inspections….

28.Discuss, consider and act on.
Permit review…. Again — State law cases against new rules by state…. legal reviews….
We do have a system now but new information —- or just information from legal state
workshops and builder associations — continue…
Monica – presents details of her accounting process with developers, individual plats, Dunaway
and TOASE, etc. …
This helps us to better see expenses and needs with permits and needs in a tax
amount… Knowledge of the time consuming process.
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 the need for these procedures…
To make sure we pay bills promptly. What funds are needed in our new budget.

29.Discuss, consider and act on.
Martindale 2.6 acre property 474 Martindale
Dunaway’s letter.

30.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

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

32.Discuss, consider and act on.
Impact Fees.

33. 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 26thd day of July 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.

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MINUTES
COUNCIL MEETING
July 29, 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 26th
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 Joe Max Wilson
Mayor Pro Tem Scott Johnson
Councilman Bill Payne
Councilman Rick White
Councilman Charley Stumm
Councilwoman Rebecca McPherson

PRESENT
City Secretary Monica Rodriguez

ITEM NUMBER 1. CALL TO ORDER:

Mayor Wilson called the meeting to order at 7:06 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.

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 commercial zoning.
Council will set up a workshop meeting to look into updating our zoning for commercial. The city
needs to look into this soon to make sure we have commercial property along FM 407 and HWY
287 and to make sure we have our zoning areas where we want them to be before all the
development comes in.

ITEM NUMBER 6. ADDITIONAL BUSINESS:

A. 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.
The county is paving CR road– 2 million per mile on County Road Line- concrete.
With 2500 homes coming in along FM 407 – need to make it 4 lanes. Mayor Pro Tem Scott Johnson
to get TX DOT to come in and talk about the roads. When improving any road; get a right of way. The
city has an agreement in place right now with Devon that Devon will maintain and grade Martindale,
Graham and Pioneer Rd. These are all gravel roads in the city.

B. Discuss, consider and act on Rules with Dan stating on Graham Road, the gravel road has
to be paved by Cates water tank property and Dollar General property. On down the
road within five years of the business beginning … a new system.
There was an agreement that was approved at a council meeting that Alpha Tanks and Dollar
General would pave half and half on Graham Rd within 5 years. This agreement was done back
when Dan Boutwell was our city planner. We need to look into it and enforce the agreement.

C. Discuss, consider and act on Devon moving away from road agreements with houses
(Pioneer, 4717, Graham and Martindale).
Devon will probably be moving away from the road agreement with the city once the tax is in
place. Right now, they are maintaining Pioneer Rd, Graham Rd and Martindale Ln. As per our
agreement once the city puts a tax in place they will no longer maintain those roads.

D. Discuss, consider and act on the status of the Pioneer Estates Development.
No discussion

E. Discuss, consider and act on the Carter property development. Five acre lots do not have
to be platted even in a city and can have gravel roads now … Old State Law. New State
Law – Plan on using this law in Ponder and New Fairview.
The developers brought up a new law that if they developed lots with 5 acres they were not
required to plat, and they could have a gravel road in the development. The developer met with
an attorney that told them about this new law. They met with Mayor Wilson and Monica to go
over this new law. The city attorney will look in to the law as well.

F. Discuss, consider and act on the status of the Fairview Meadows Development. Phases
and roads.
They have not started and ground work yet.

G. Discuss, consider and act on development presentation from Jon Westrom regarding the
Oliver Creek Ranch Development.
No discussion

H. Discuss the status of the Falcon Ridge Development.
No dicussion

I. Discuss the boundary adjustment agreement with Fort Worth.
City Attorney and City Planner are working with Ft Worth to get all the paperwork needed to get this
approved with Ft Worth. Ft Worth has agreed on the agreement and just waiting to get it approved at
their council meeting to get the agreement finalized.

ITEM NUMBER 7. BUDGET WORKSHOP:

Discuss and consider proposed budget for Fiscal Year 2019.
Council to discuss and adopt budget and approve tax rate. August – Public Hearing set up. Look into
increasing Septic Permits if needed. Look at ways to increase revenue. Council went thru Budget. They
discussed a $.25 tax rate up to $.35. City Council is looking into hiring a city manager and looking into
budgeting for one in this budget as well as for more allocation for road repairs in the city. The building
permit fees will need to cover the costs of the inspectors and admin. Council discussed ways to reduce
expenditures and increase revenue.

ITEM NUMBER 8. 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.

ITEM NUMBER 9. OPEN SESSION:

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

ITEM NUMBER 10. ADJOURN:

Mayor Pro Tem Scott Johnson made a motion to adjourn the meeting at 9:45 PM. Motion
seconded by Councilwoman McPherson. Motion passed unanimously.

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