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

JOINT MEETING - BUILDING & STANDARDS COMMISSION AND THE EVERMAN CITY COUNCIL Tuesday, July 09, 2024 at 6:00 PM 213 North Race Street Everman, TX 76140 MINUTES 1. CITY COUNCIL MEETING CALLED TO ORDER Mayor called meeting at 6:12pm. 2. BUILDING & STANDARDS COMMISSION MEETING CALLED TO ORDER Ray Richardson called meeting to order at 6:12pm. 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS A. Administration of the Oath of Office - City Council This will be moved to a future meeting. 6. CITIZEN'S COMMENTS We had no citizens comments at this time. 7. CITY COUNCIL MEETING RECESSED Mayor recessed council meeting at 6:14pm. 8. DELIBERATION AND DETERMINATION ON CASES A. Case # 1394, Continuation/Deferred Decision Continued hearing to receive sworn testimony 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. Public Hearing opened at 6:16pm for Case # 1394. City Staff at this time presented their recommendations to the board and discussed their concerns on the progress from the last meeting and the documents that they do not have from the legal counsel for Paradise Apartments and City Manager Craig Spencer quoted the Minutes from the last meeting stated the motion of what was approved by the board that states what is required from the counsel for Paradise Apartments. City Staff does not have enough information to make a determination on this case. Counsel for Paradise Apartment states that they believes that they do. Staffs recommendation at this time is that their is a lot of data still needed. City Staff addressed the counsel and asked if they had a time frame that they had in mind that they could give to get all this information to City Staff so that they can make a proper  determination on this case. There was deliberation on this with both sides and the Board is going to go into Executive Session to deliberate their decision on this case. President Ray Richardson Convened into executive session at 6:56pm. President Ray Richardson closed Executive Session at 8:00pm. Motion made by Board Member Mackey to table further action on this case for sixty days on the following conditions; 1) Owner will provide scope or list of proposed repair work within fourteen (14) days from today. 2) City will review scope of work and provide owner a list of all repairs required for substandard conditions within thirty (30) days from today. 3) Owner will provide the city manager a timeline and budget for required repairs within forty five (45) days of today. 4) Within Sixty (60) days from today the city and owner shall execute a settlement agreement that incorporates the required repairs, timeline and budget and authorize the city manager to execute the same. 5) Owner will agree on the record to these conditions for tabling this action. Seconded by Board Member Sellers. Voting Yea: Board Member Sanders, Board Member Renfro, Board Member Allen, Board Member Mackey, Board Member Sellers, Board Member Davila and President Richardson. Motion Carried. At this time counsel agreed to these terms on the record. 9. ADJOURNMENT OF THE BUILDING AND STANDARDS COMMISSION MEETING Ray Richardson adjourned meeting at 8:05pm. 10. THE EVERMAN CITY COUNCIL MEETING IS RECONVENED Mayor called meeting back to order at 8:06pm. 11. CONSENT AGENDA A. Minutes April 2, 2024 - Joint meeting- Building and Standards Commission and The Everman City Council April 16, 2024 - Joint meeting- Building and Standards Commission and The Everman City Council May 7, 2024 - Joint meeting of the Everman Economic Development Corporation and The Everman City Council May 21, 2024 - Joint meeting- Building and Standards Commission and The Everman City Council 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 and Mayor Ray Richardson. Motion Carried. B. Financials April 2024  May 2024 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 and Mayor Ray Richardson. Motion Carried 12. DISCUSSION ITEMS A. Charter Review Committee - 2025 Craig wanted to inform council that it has been five years since the last update and if the council would like to update the Charter. The council has requested a copy of the City Charter and would like to also keep in mind one person that each council member would like to see on the Charter Review Board. B. Celebrate America Festival and plans for 2025 Craig just wanted to highlight Landon Whatley and this event. It was the biggest event we have had yet and it was amazing. The City's 80th Year of being incorporated and Craig would like to put this forward to plan something at the next Celebrate America for next year. Craig wants any ideas for this Celebration for the city. 13. CONSIDERATION AND POSSIBLE ACTION A. RESOLUTION # 2024-07-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EVERMAN, TEXAS, APPROVING AN UPDATED CIVIC CENTER USAGE APPLICATION AND AGREEMENT; AND PROVIDING AN EFFECTIVE 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 and Mayor Ray Richardson. Motion Carried. 14. EXECUTIVE SESSION 15. CITY MANAGERS REPORT A. City management professional services engagement with ZacTax for the purposes of Sales Tax and Property Tax analysis tools and audits Craig stated that the city has been trying to find ways of auditing and improving our Sales Tax and we reached out to Andrew Freedman who serves as our Financial Consultant with Samco Capital and asked about any potential firms that we might be able to engage with that does Sales Tax Audits. He recommended Zac Tax. They were founded by a former City Manager, with the City of Hudson Oaks. This is a Software platform that allows us to import our Sales Tax data. We have been given a demo and within minutes Craig was on board. This is affordable and within our budget and this is something that Craig thinks the city really needs with so much changing within the city and we can analyze what businesses are successful in  the city and what is not working for us. Craig is excited to present this report to council once all the information is inputted into the software. He will keep the council updated on this. B. "Coffee With Your Congressman" Event - July 18th Craig wanted to inform the council of this Event and this will be at the Civic Center July 18th, 8:30am to 10am. 16. MAYOR’S REPORT Mayor invited the City manager and mayors from Forest Hill and Kennedale for a meeting. The meeting was very positive and they will have these meetings monthly. 17. ADJOURN Mayor adjourned the meeting at 8:27pm. I hereby certify that this agenda was posted on the City of Everman bulletin board at or before 5:00 p.m. on Friday July 5, 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.