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

Regular Meeting

Everman, TX · September 10, 2024

AgendaPacketMinutes

Minutes

JOINT MEETING - BUILDING & STANDARDS COMMISSION AND THE EVERMAN CITY COUNCIL Tuesday, September 10, 2024 at 6:00 PM 213 North Race Street Everman, TX 76140 MINUTES 1. CITY COUNCIL MEETING CALLED TO ORDER Mayor Richardson called meeting to order at 6:01pm. 2. BUILDING AND STANDARDS COMMISSION MEETING CALLED TO ORDER President Ray Richardson called meeting to order at 6:01pm. 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. CITIZEN’S COMMENTS We had no citizens comments. 6. CITY COUNCIL MEETING IS RECESSED Mayor recessed the council meeting at 6:02pm. 7. 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. Continuance for 45 days is the recommendation from staff. Due to a staffing issue and the inspector that was on this case and did the initial inspection on this case no longer works for Burear Veritas. Ownership has complied with everything we have asked since our last meeting and very cooperative providing all the necessary information and after receiving all this documentation, Chief Whatley was trying to get the inspector to review the documents and provide comments like agreed on. After weeks of trying, Chief Whatley called a supervisor at Burear Veritas and he was informed that the inspector no longer worked there. There has been another inspector assigned to this case and this has caused some delays. This will come back before the Board October 22nd for the next update. Motion made by Board Member Mackey, Seconded by Board Member Davila. Voting Yea: Board Member Renfro, Board Member Allen, Board Member Mackey, Board Member Sellers, Board Member Davila and President Richardson. Motion Carried 8. ADJOURNMENT OF THE BUILDING AND STANDARDS COMMISSION MEETING President Ray Richardson adjourned the meeting at 6:08pm. 9. THE EVERMAN CITY COUNCIL MEETING IS RECONVENED Mayor Ray Richardson reconvened the council meeting at 6:08pm. 10. DISCUSSION ITEMS A. Texas Municipal League (TML) Region 8 Director Election Craig stated that the information for those candidates are in the packet and to look and see which one they want to pick. They do not have to but they can. The next meeting the council will take action on this. B. Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election This is the insurance providers and this is a cast of four votes and we will have a resolution at the next meeting with the cast of their votes. C. Staff Report - Tarrant Area Food Bank Food & Community Resource Event They contacted us wanting to host a Community event. This turn out was very good and there was a great turn out both Friday and Saturday. They had resources right on site. 11. CONSIDERATION AND POSSIBLE ACTION A. ORDINANCE # 821 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 7 TITLED "FIRE PREVENTION AND PROTECTION" BY AMENDING ARTICLE I TITLED "FIRE PREVENTION AND PROTECTION IN GENERAL" BY ADDING A NEW SECTION 7-5 TITLED "MITIGATION RATES FOR DELIVERY OF EMERGENCY AND NON-EMERGENCY SERVICES BY FIRE DEPARTMENT" TO ESTABLISH AND IMPLEMENT A PROGRAM TO CHARGE MITIGATION RATES FOR DEPLOYMENT OF EMERGENCY AND NON-EMERGENCY SERVICES PROVIDED/RENDERED BY THE EVERMAN FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion made by Place 5 Sellers, Seconded by Place 6 Davila. Voting Yea: Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila and Mayor. Voting Nay: Place 2 Renfro, Place 3 Allen Motion Carried. B. Actions Concerning Appointments to Various Boards, Commissions, or Committees. Motion made by Place 4; Mayor Pro-Tem Mackey, Seconded by Place 5 Sellers to appoint Michelle Hudson to the Economic Development Corporation Board. Voting Yea: Place 2 Renfro, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila and Mayor Motion Carried. 12. CITY MANAGERS REPORT Auditor's are here and started today and plan on only being here for Two or three days but turned out to be a day and another quarter of a day. Craig also reminded council that they may get a questionnaire and this may be later on in the year but these are important and to make sure they do them and turn them in. The re-stripping has been done on Race street and it is straight. Also the Remembrance walk at 7pm September 11th, tomorrow at Memorial Park. 13. MAYOR’S REPORT Mayor Richardson reminded council that they do have a paper copy of the City Manager's Evaluation Report, everyone needs to fill it out Mayor stated. This is due at the next meeting. 14. ADJOURN Mayor Richardson adjourned the meeting at 6:29pm. I hereby certify that this agenda was posted on the City of Everman bulletin board at or before 5:00 p.m. on Friday, September 6, 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, September 10, 2024 at 6:00 PM 213 North Race Street Everman, TX 76140 AGENDA 1. CITY COUNCIL MEETING CALLED TO ORDER 2. BUILDING AND STANDARDS COMMISSION MEETING CALLED TO ORDER 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. CITIZEN’S COMMENTS 6. CITY COUNCIL MEETING IS RECESSED 7. 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. 8. ADJOURNMENT OF THE BUILDING AND STANDARDS COMMISSION MEETING 9. THE EVERMAN CITY COUNCIL MEETING IS RECONVENED 10. DISCUSSION ITEMS A. Texas Municipal League (TML) Region 8 Director Election B. Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election C. Staff Report - Tarrant Area Food Bank Food & Community Resource Event 11. CONSIDERATION AND POSSIBLE ACTION A. ORDINANCE # 821 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 7 TITLED "FIRE PREVENTION AND PROTECTION" BY AMENDING ARTICLE I TITLED "FIRE PREVENTION AND PROTECTION IN GENERAL" BY ADDING A NEW SECTION 7-5 TITLED "MITIGATION RATES FOR DELIVERY OF EMERGENCY AND NON-EMERGENCY SERVICES BY FIRE DEPARTMENT" TO ESTABLISH AND IMPLEMENT A PROGRAM TO CHARGE MITIGATION RATES FOR DEPLOYMENT OF EMERGENCY AND NON-EMERGENCY SERVICES PROVIDED/RENDERED BY THE EVERMAN FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. B. Actions Concerning Appointments to Various Boards, Commissions, or Committees. 12. CITY MANAGERS REPORT 13. MAYOR’S REPORT 14. ADJOURN I hereby certify that this agenda was posted on the City of Everman bulletin board at or before 5:00 p.m. on Friday, September 6, 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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