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JOINT MEETING - BUILDING & STANDARDS COMMISSION AND THE EVERMAN CITY COUNCIL

Regular Meeting

Everman, TX · March 19, 2024

AgendaPacketMinutes

Minutes

JOINT MEETING - BUILDING & STANDARDS COMMISSION AND THE EVERMAN CITY COUNCIL Tuesday, March 19, 2024 at 6:00 PM 213 North Race Street Everman, TX 76140 MINUTES 1. CITY COUNCIL MEETING IS CALLED TO ORDER Mayor called meeting to order at 6:00pm. 2. BUILDING & STANDARDS COMMISSION MEETING IS CALLED TO ORDER Mayor called Building & Standards Commission Meeting at 6:00pm. PRESENT Place 1 Linda Sanders Place 2 Carolyn Renfro Place 3 Johnnie Allen Place 4; Mayor Pro-Tem Susan Mackey Place 5 Judy Sellers Place 6 Miriam Davila Mayor Ray Richardson 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. CITY COUNCIL MEETING IS RECESSED Mayor recessed the Council meeting at 6:01pm. 6. PUBLIC HEARING, DELIBERATION, AND DETERMINATION ON CASES Public Hearing opened up at 6:01pm. A. Case # 1394, Public Hearing Public hearing to receive sworn testimony and citizen’s comments concerning whether the following structures complies with the standards set for in the City of Everman Code of Ordinances, Chapter 4, Article IV and the 2018 International Property Maintenance Code as adopted in Article XVIII of the Code; the Building Code, Chapter 4, Article III; Electrical Code, Chapter 4 Article V; Residential Code, Chapter 4 Article VI; Mechanical Code, Chapter 4, Article VII; and the Plumbing Code, Chapter 4 Article VIII . (1) The Paradise Apartments, 929 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (2) The Paradise Apartments, 928 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (3) The Paradise Apartments, 917 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (4) The Paradise Apartments, 901 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (5) The Paradise Apartments, 900 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas After hearing testimony, the Building Standards Commission will discuss and consider action on whether the building(s) the subject of the public hearing comply with the standards set for in the City of Everman Code of Ordinances, Chapter 4, Article IV and the 2018 International Property Maintenance Code as adopted in Article XVIII of the Code; the Building Code, Chapter 4, Article III; Electrical Code, Chapter 4 Article V; Residential Code, Chapter 4 Article VI; Mechanical Code, Chapter 4, Article VII; and the Plumbing Code, Chapter 4 Article VIII, (the “Code”). Should the building(s) be found in violation of the standards set forth in the Code, the Building Standards Commission will take any action, which may include an order that the building(s) be demolished by the owner, mortgagee, lien holder, or other person with an interest in the property within thirty (30) days from the date of the order. The owner of record is Paradise Apartments, LLC, CEO Hermann Vorhand, 14 Bourbon Court Lakewood, NJ 08701-3784. City Manager, Craig Spencer announced at this time that Kartik Singapura, attorney for Saul Moskowiec that was present is asking for a continuance for time. At this time Mr. Singapura approached council and is requesting time so that they can come back with a corrective plan. Mayor closed Public Hearing at 6:12pm. No Public Comments were made. The Board is all in Favor to giving this continuance for Owner of Paradise Apartments Saul Moskowiec. 7. ADJOURNMENT OF THE BUILDING AND STANDARDS COMMISSION Mayor adjourned the Building and Standards Commission meeting to order at 6:12pm. 8. THE EVERMAN CITY COUNCIL MEETING IS RECONVENED Mayor reconvened the Regular Council meeting at 6:12pm. 9. CONSENT AGENDA A. Minutes February 6, 2024 February 20, 2024 Council woman Sanders requested to put this on Consideration and Action for a question and clarification on something. Sanders wanted clarification on if she was counted absent or present due to her vote being abstained. City Secretary Mindi Parks Clarified the questioned and she was counted Present for that meeting in question. Motion made by Place 5 Sellers, Seconded by Place 6 Davila. Voting Yea: Place 1 Sanders, Place 2 Renfro, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. B. Financial Report February 2024 Council Woman Johnnie Allen wanted to move the Financials to Consideration and Action for discussion. Johnnie stated that the Check Register that is given to the council shows the money that was paid out but not what it was for. Johnnie Allen asked if she could be told or shown what these items are. Craig explained that it would tell you what Budget Code that it was hitting. He also stated that if council had any questions that he would be more than happy to answer them. Craig stated that the city staff is very transparent and will research anything for her or the council. Johnnie also asked which document shows what we collect for the Civic Center. Susanne, Finance Director stated that It is in License, Permits, and Fees for services, but she could also provide a report for just the Civic Center for her. Johnnie also wanted to know where she would find the amount that has been paid back for the loan for the Civic Center. Susanne stated that it would be found in the EDC line item because it is paid out of the EDC Budget. This is paid annually. Johnnie actually wanted to know what has been paid back to EDC for the Civic Center Tax Notes. Susanne stated that will be in the Audit Financial Report that will be presented in a couple of weeks. Motion made by Place 5 Sellers, Seconded by Place 6 Davila. Voting Yea: Place 1 Sanders, Place 2 Renfro, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. 10. CITIZEN’S COMMENTS No Citizens had comments. 11. DISCUSSION ITEMS A. Presentation and discussion by the City Attorney's office related to potential implementation of a Stormwater Impact Fee. Moved to the next meeting. B. Staff Report - Total Eclipse Watch Party | April 8th April 8th, 11am-3pm. There will be food trucks and music and activities geared towards adults. School is still in session and this is for the adults. Wants Council to come out if they can make it. C. Staff Report - Celebrate America Festival | June 29th Saturday, June 29th. Time is to be determined to set a good time for vendors and citizens for that. Looking at 10am for the Market Place Vendors and still having the kick off at 6pm. This will be announced. This will be formly 12. CONSIDERATION AND POSSIBLE ACTION A. ORDINANCE NO. 812 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS, RENUMBERING, READOPTING, AND RATIFYING AN ORDINANCE PREVIOUSLY ADOPTED AS ORDINANCE 782 ON AUGUST 2, 2022, SAID ORDINANCE TO BE RENUMBERED AS ORDINANCE NUMBER 812; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion made by Place 4; Mayor Pro-Tem Mackey, Seconded by Place 1 Sanders. Voting Yea: Place 1 Sanders, Place 2 Renfro, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. B. ORDINANCE NO. 813 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS, RENUMBERING, READOPTING, AND RATIFYING AN ORDINANCE PREVIOUSLY ADOPTED AS ORDINANCE 783 ON AUGUST 9, 2022, SAID ORDINANCE TO BE RENUMBERED AS ORDINANCE NUMBER 813; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion made by Place 4; Mayor Pro-Tem Mackey, Seconded by Place 5 Sellers. Voting Yea: Place 1 Sanders, Place 2 Renfro, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. C. Resolution # 2024-03-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EVERMAN, TEXAS, APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH TARRANT COUNTY, TEXAS FOR OVERLAY AND RECONSTRUCTION OF RACE STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Motion made by Place 4; Mayor Pro-Tem Mackey with the following amendments, changing the reconstruction of Race Street from Enon Avenue to Neil Avenue and changing to overlay of Race Street from Neil Avenue to Shelby Road Seconded by Place 5 Sellers. Voting Yea: Place 1 Sanders, Place 2 Renfro, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. 13. EXECUTIVE SESSION A. The City Council will convene into closed, executive session in accordance with Texas Government Code section 551.071(2) – Consultation with City Attorney, to seek legal advice regarding development negotiations with international franchise restaurant and potential revisions to Code of Ordinances related thereto. Mayor convened into Executive Session at 6:33pm. Mayor reconvened from Executive Session at 6:54pm. No Action Taken 14. CITY MANAGERS REPORT Craig just stated that Susanne is still dealing with the Audit and getting to the finish of it. 15. MAYOR’S REPORT Mayor had nothing to report. 16. ADJOURN CITY COUNCIL MEETING Mayor adjourned the meeting at 6:56pm. I hereby certify that this agenda was posted on the City of Everman bulletin board at or before 5:00 p.m. on Friday March 14, 2024. /s/ Mindi Parks City Secretary Citizens may watch city council meetings live on YouTube. A link to the City of Everman YouTube channel is provided on the city website at: www.evermantx.us/government/citycouncil/ Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members, including the presiding officer, will be physically present at the location noted above on this Agenda. Pursuant to Section 551.071, Chapter 551 of the Texas Government Code, Council reserves the right to convene into Executive Session(s) from time to time as deemed necessary during this meeting, to receive advice from its attorney on any posted agenda item, as permitted by Law. Additionally, Council may convene into Executive Session to discuss the following: A. Section 551.071 - Pending or Contemplated Litigation or to Seek Advice of the City Attorney. B. Section 551.072 - Purchase, Sale, Exchange, Lease, or Value of Real Property. C. Section 551.073 - Deliberation Regarding Prospective Gift. D. Section 551.074 - Personnel Matters. E. Section 551.087- Deliberation Regarding Economic Development Negotiations. F. Section 551.089 - Deliberations Regarding Security Devices or Security Audits. Citizens wishing to submit written comments should e-mail the City Secretary at mparks@evermantx.net. Comments that are received at least one-hour prior to the start of the meeting will be provided to all council members. According to the City of Everman Policy on Governance Process, individual citizen comments will be restricted to three (3) minutes unless otherwise determined by a majority vote of the Council. The mayor is responsible to enforce the time limit. Citizens may address City Council either during the Citizen Comments portion of the meeting or during deliberation of a listed agenda item. City Council is only permitted by Law to discuss items that are listed on the agenda. Citizens wishing to make comments should notify the City Secretary as soon as possible. City Hall is wheelchair accessible. Parking spaces for disabled citizens are available. Requests for sign interpretative services must be made 48 hours prior to the meeting. To make arrangements, call 817.293.0525 or TDD 1.800.RELAY TX, 1.800.735.2989.

Agenda

JOINT MEETING - BUILDING & STANDARDS COMMISSION AND THE EVERMAN CITY COUNCIL Tuesday, March 19, 2024 at 6:00 PM 213 North Race Street Everman, TX 76140 AGENDA 1. CITY COUNCIL MEETING IS CALLED TO ORDER 2. BUILDING & STANDARDS COMMISSION MEETING IS CALLED TO ORDER 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. CITY COUNCIL MEETING IS RECESSED 6. PUBLIC HEARING, DELIBERATION, AND DETERMINATION ON CASES A. Case # 1394, Public Hearing Public hearing to receive sworn testimony and citizen’s comments concerning whether the following structures complies with the standards set for in the City of Everman Code of Ordinances, Chapter 4, Article IV and the 2018 International Property Maintenance Code as adopted in Article XVIII of the Code; the Building Code, Chapter 4, Article III; Electrical Code, Chapter 4 Article V; Residential Code, Chapter 4 Article VI; Mechanical Code, Chapter 4, Article VII; and the Plumbing Code, Chapter 4 Article VIII . (1) The Paradise Apartments, 929 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (2) The Paradise Apartments, 928 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (3) The Paradise Apartments, 917 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (4) The Paradise Apartments, 901 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas (5) The Paradise Apartments, 900 Coury Road Everman, Texas 76140, with the legal description being Tract A, Block 21, Everman Park, Sixth Filing, An Addition to the City of Everman, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-38, Page 30, Map Records, Tarrant County, Texas After hearing testimony, the Building Standards Commission will discuss and consider action on whether the building(s) the subject of the public hearing comply with the standards set for in the City of Everman Code of Ordinances, Chapter 4, Article IV and the 2018 International Property Maintenance Code as adopted in Article XVIII of the Code; the Building Code, Chapter 4, Article III; Electrical Code, Chapter 4 Article V; Residential Code, Chapter 4 Article VI; Mechanical Code, Chapter 4, Article VII; and the Plumbing Code, Chapter 4 Article VIII, (the “Code”). Should the building(s) be found in violation of the standards set forth in the Code, the Building Standards Commission will take any action, which may include an order that the building(s) be demolished by the owner, mortgagee, lien holder, or other person with an interest in the property within thirty (30) days from the date of the order. The owner of record is Paradise Apartments, LLC, CEO Hermann Vorhand, 14 Bourbon Court Lakewood, NJ 08701-3784. 7. ADJOURNMENT OF THE BUILDING AND STANDARDS COMMISSION 8. THE EVERMAN CITY COUNCIL MEETING IS RECONVENED 9. CONSENT AGENDA A. Minutes February 6, 2024 February 20, 2024 B. Financial Report February 2024 10. CITIZEN’S COMMENTS 11. DISCUSSION ITEMS A. Presentation and discussion by the City Attorney's office related to potential implementation of a Stormwater Impact Fee. B. Staff Report - Total Eclipse Watch Party | April 8th C. Staff Report - Celebrate America Festival | June 29th 12. CONSIDERATION AND POSSIBLE ACTION A. ORDINANCE NO. 812 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS, RENUMBERING, READOPTING, AND RATIFYING AN ORDINANCE PREVIOUSLY ADOPTED AS ORDINANCE 782 ON AUGUST 2, 2022, SAID ORDINANCE TO BE RENUMBERED AS ORDINANCE NUMBER 812; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. B. ORDINANCE NO. 813 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS, RENUMBERING, READOPTING, AND RATIFYING AN ORDINANCE PREVIOUSLY ADOPTED AS ORDINANCE 783 ON AUGUST 9, 2022, SAID ORDINANCE TO BE RENUMBERED AS ORDINANCE NUMBER 813; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution # 2024-03-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EVERMAN, TEXAS, APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH TARRANT COUNTY, TEXAS FOR OVERLAY AND RECONSTRUCTION OF RACE STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 13. EXECUTIVE SESSION A. The City Council will convene into closed, executive session in accordance with Texas Government Code section 551.071(2) – Consultation with City Attorney, to seek legal advice regarding development negotiations with international franchise restaurant and potential revisions to Code of Ordinances related thereto. 14. CITY MANAGERS REPORT 15. MAYOR’S REPORT 16. ADJOURN CITY COUNCIL MEETING I hereby certify that this agenda was posted on the City of Everman bulletin board at or before 5:00 p.m. on Friday March 14, 2024. /s/ Mindi Parks City Secretary Citizens may watch city council meetings live on YouTube. A link to the City of Everman YouTube channel is provided on the city website at: www.evermantx.us/government/citycouncil/ Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members, including the presiding officer, will be physically present at the location noted above on this Agenda. Pursuant to Section 551.071, Chapter 551 of the Texas Government Code, Council reserves the right to convene into Executive Session(s) from time to time as deemed necessary during this meeting, to receive advice from its attorney on any posted agenda item, as permitted by Law. Additionally, Council may convene into Executive Session to discuss the following: A. Section 551.071 - Pending or Contemplated Litigation or to Seek Advice of the City Attorney. B. Section 551.072 - Purchase, Sale, Exchange, Lease, or Value of Real Property. C. Section 551.073 - Deliberation Regarding Prospective Gift. D. Section 551.074 - Personnel Matters. E. Section 551.087- Deliberation Regarding Economic Development Negotiations. F. Section 551.089 - Deliberations Regarding Security Devices or Security Audits. Citizens wishing to submit written comments should e-mail the City Secretary at mparks@evermantx.net. Comments that are received at least one-hour prior to the start of the meeting will be provided to all council members. According to the City of Everman Policy on Governance Process, individual citizen comments will be restricted to three (3) minutes unless otherwise determined by a majority vote of the Council. The mayor is responsible to enforce the time limit. Citizens may address City Council either during the Citizen Comments portion of the meeting or during deliberation of a listed agenda item. City Council is only permitted by Law to discuss items that are listed on the agenda. Citizens wishing to make comments should notify the City Secretary as soon as possible. City Hall is wheelchair accessible. Parking spaces for disabled citizens are available. Requests for sign interpretative services must be made 48 hours prior to the meeting. To make arrangements, call 817.293.0525 or TDD 1.800.RELAY TX, 1.800.735.2989.

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