[00:00:04]
[CALL TO ORDER]
AND STANDARDS COMMISSION TO MEET, MEETING TO ORDER FOR MARCH 24TH, 2021.LET THE RECORD REFLECT THAT THE TIME IS 6:33 PM.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
UM, I'M ABOUT TO CALL ROLL, UH, AND I MENTIONED THIS BRIEFLY BEFORE, BUT, UM, WE DO HAVE A REQUEST THAT ALL COMMISSIONERS KEEP YOUR VIDEO ON SO THAT WE ALWAYS HAVE A QUORUM PRESENT.
OBVIOUSLY, IF YOU NEED TO STEP AWAY FOR A MINUTE, AS LONG AS SO LONG AS WE HAVE A QUORUM THAT'S OKAY.
BUT, UM, PLEASE DO KEEP YOUR VIDEO ON.
SO AT THIS TIME I WILL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT.
PLEASE SIGNIFY THAT YOU ARE HERE.
SO, UH, STARTING WITH MYSELF, ANDREA FREIBERGER.
UH, DO WE HAVE PABLO ABILA? I DON'T SEE HIM YET.
GLAD YOU'RE WITH US, JOHN GREEN.
THERE'LL BE PLENTY OF TIME TO TALK LATER.
UH, TIMOTHY STOW STAT, UM, HERE, UM, HERE.
UH, NATALIA SAID YOU'RE GREAT.
AND DO WE HAVE A FIRE CHIEF TOM VOKEY WITH US THIS EVENING? YES, I'M HERE.
AND, UM, IF AT ANY TIME YOU ARE, UM, PROVIDING INSIGHT ON THE CASES OR TESTIFYING, PLEASE, YOU KNOW, LET YOUR VIDEO ROLL TOO.
AND DO WE HAVE, I KNOW MELANIE IS HERE, MELANIE, IF YOU COULD IDENTIFY YOURSELF, MELANIE ALLEN.
SO BEFORE THE CASES ARE CALLED, THE COMMISSION WILL ENTERTAIN CITIZEN COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.
AND IF I'M NOT MISTAKEN, DO WE HAVE ANY CITIZEN COMMUNICATION OR IS EVERYTHING ON THE AGENDA? WE DO HAVE CITIZENS COMMUNICATION.
WE HAVE ABOUT EIGHT PEOPLE I BELIEVE SIGNED UP FOR CITIZENS COMMUNICATION.
BUT WE DON'T HAVE, WE DO NOT HAVE ANY PUBLIC COMMENT.
ON THE ACTUAL AGENDA ITEMS, BUT YOU DO HAVE CITIZENS' COMMUNICATION.
DURING CITIZEN COMMUNICATION, UH, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES FOR ANYONE REQUIRING INTERPRETATION SERVICES.
ALSO PRIOR TO THE CASES BEING CALLED THE COMMISSION WILL HEAR PUBLIC COMMENT FROM INTERESTED PARTIES REGARDING ITEMS THAT ARE ON TONIGHT'S AGENDA, BUT I DON'T BELIEVE WE HAVE ANY PUBLIC COMMENT.
TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER FIVE CASES FROM FIVE PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
WHEREVER THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF IT IS APPROPRIATE, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.
SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS AND TONIGHT, OF COURSE, BECAUSE WE'RE VIRTUAL, I WOULD ADD THAT IT'S, IT'S REALLY CRITICAL FOR EVERYONE TO MUTE THEIR MICROPHONE UNLESS THEY WERE ABOUT TO PRESENT OR GIVE TESTIMONY.
THE COMMISSION'S COORDINATOR, MELANIE ALLIE WE'LL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY.
AUSTIN CODE STAFF WILL ALSO BE AVAILABLE TO ANSWER QUESTIONS.
WHEN EACH AGENDA ITEM IS CALLED, I WILL ASK IF THE OWNER AND OR REPRESENTATIVE OF THE PROPERTY IS PRESENT.
AT WHICH TIME PLEASE ACKNOWLEDGE THAT YOU ARE PRESENT FOR YOUR CASE AFTER EACH CITY, WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES.
ANY QUESTIONS ABOUT THEIR TESTIMONY AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES.
YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE.
YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
AND WE'LL OUR DESIGNATED TIMEKEEPER THIS EVENING.
[00:05:04]
HELLO.THIS IS NATHAN CTM OVER AT CITY HALL.
SO AFTER YOU'VE PRESENTED YOUR WITNESSES, AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES.
THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, BOTH SIDES, AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES.
SO AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED, WITNESSES WILL TESTIFY UNDER OATH.
SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN AND TONIGHT, BECAUSE THIS IS A VIRTUAL HEARING, I WILL READ OUT THE OATH AND AFTERWARDS I WILL ASK YOU TO SPEAK UP ONLY IF YOU DO NOT AGREE WITH IT.
DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
IF SO, PLEASE SIGNIFY BY SAYING I DO, OR IN THIS CASE, IF ANYONE OBJECTS TO THIS OATH, PLEASE UNMUTE YOURSELF AND JUST STATE.
IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CITIZEN COMMUNICATION AND PUBLIC COMMENT CHAIR.
[APPROVAL OF MINUTES]
ADMIT THE MINUTES? OKAY.SO WE SHOULD ALL HAVE A COPY OF THE, OR ACCESS TO THE MINUTES FROM THE FEBRUARY 24TH, 2021 REGULAR MEETING.
WOULD ANYONE LIKE TO MAKE A MOTION? MOTION TO ACCEPT THE MINUTES? OKAY.
IS THERE A SECOND 40 SECONDS? OKAY, GREAT.
ALL IN FAVOR OF APPROVING THE BUILDING AND STANDARDS, COMMISSION MINUTES FOR THE FEBRUARY 24TH, 2021 REGULAR MEETING.
UM, PLEASE SAY I ACTUALLY, YOU KNOW WHAT, I'M GOING TO CALL A ROLL CALL ON THIS BECAUSE I KNOW WE HAD SOME PEOPLE WHO PROBABLY GOING TO ABSTAIN.
PABLO ABILA I DON'T BELIEVE IS WITH US YET.
YOU ARE WITH US NOW? YES, WE CAN.
UH, WE ARE VOTING TO APPROVE THE MINUTES FROM LAST MONTH.
I WAS BUSY CALLING NAMES, BUT I BELIEVE WE HAD ENOUGH TO APPROVE THE MINUTES.
SO WE WILL MOVE TO CITIZEN COMMUNICATION.
[CITIZEN COMMUNICATION: GENERAL]
UH, MS. ELLIE, WOULD YOU LIKE ME TO CALL THE SPEAKERS OR, UM, HOW SHALL WE PROCEED? RIGHT? I CAN, UH, TIFFANY WASHINGTON, ARE YOU ON THE LINE? EXCUSE ME.I BELIEVE TIFFANY WASHINGTON IS ON THE LINE.
WOULD YOU LIKE TO GO AHEAD AND PROCEED? YES, PLEASE.
[00:10:01]
I LIVE IN DISTRICT TWO.I'M HERE TODAY TO TALK ABOUT THE HORRIFIC SITUATION AT THE MOUNT CARMEL APARTMENTS IN EAST AUSTIN, DISTRICT ONE, HOPEFULLY YOU ALL ARE AWARE THAT THE RESIDENTS ARE BEING RELOCATED RAPIDLY TO MOTEL ROOMS WHILE CREWS REPAIR GAS LEAK.
THAT STARTED FIVE WEEKS AGO, BESIDES THE AWFUL NATURE OF THE WAY THE DISTRICT'S LEADERSHIP HAS HANDLED THIS SITUATION.
I WOULD LIKE TO KNOW IF THE CODE COMPLIANCE OFFICERS INVOLVED WITH THIS CASE HAVE RECEIVED ANY SPECIFIC TRAINING IN DEALING WITH THE CITIZENS WHO ARE FACING RAPID DISPLACEMENT DUE TO SOMETHING AS SERIOUS AS A GAS LEAK.
FURTHERMORE, I WOULD LIKE TO EXPRESS MY CONCERNS OF HOW THE CODE COMPLIANCE OFFICERS SPOKE TO THE RESIDENTS THEMSELVES, THE OVERALL TONE, LACK OF COMPASSION AND LACK OF SENSE OF URGENCY FURTHER CAUSE TRAUMA TO MANY OF THE RESIDENTS WHO ALREADY FELT HELPLESS AT THE ENTIRETY OF THE SITUATION.
CAN WE PLEASE CONFIRM THAT ALL CODE OFFICERS ARE TRAINED IN CULTURAL SENSITIVITY, CRISIS MANAGEMENT AND CONFLICT RESOLUTION? CAN WE PLEASE IDENTIFY ANY WAY THAT IF SOMETHING AS SERIOUS AS A GAS LEAK OCCURS THAT THERE'S A DAILY FOLLOW-UP BY A CODE ENFORCEMENT OFFICER WITH SPECIAL CARE TO RAPIDLY RESPOND TO RESIDENTS, ONSITE COMPLAINTS, THE LACK OF COMMUNICATION BETWEEN CODE ENFORCEMENT OFFICERS AND RESIDENTS IN THE CITY WHO FILED THEIR COMPLAINTS IS UNACCEPTABLE.
AND WE NEED TO DO A BETTER JOB OF NAVIGATING THESE SITUATIONS IN THE FUTURE.
THE NEXT PERSON WOULD BE CHIVAS WATSON, WHO IS ALSO CALLED CALLING IN TO SPEAK ABOUT MOUNT CARMEL VILLAGE APARTMENTS.
UH, CAN YOU ALL HEAR ME CLEARLY? YES WE CAN.
AND IF YOU COULD PLEASE STATE YOUR NAME FOR THE RECORD ALSO.
I'M CHEVYS WATSON RESIDENT OF DISTRICT ONE AND SMALL BUSINESS OWNER IN DISTRICT 10.
THIS COMMISSION I'D SAY IT'S ON THE WEBSITE IS ESTABLISHED TO HEAR CASES CONCERNING ALLEGED VIOLATIONS OF THE CITY'S HOUSING AND DANGEROUS BUILDING REGULATIONS, COMMON COLD VIOLATIONS LISTED WITHIN THE COMMISSION SITE PAGE OFF DANGEROUS STRUCTURES, MEANING DANGEROUS STRUCTURES MUST BE MADE SAFE WITH DEMOLISHED HOUSING IN SUBSTANDARD CONDITION.
LANDLORDS ARE OBLIGATED TO MAINTAIN THEIR RENTAL PROPERTY TO THE MINIMUM STANDARDS SET BY THE UNIFORM HOUSING CODE AND DANGEROUS BUILDING CODE EXAMPLE OF VIOLATIONS, INCLUDING HEATING PROBLEMS, PLUMBING PROBLEMS, ELECTRICAL PROBLEMS, LACK OF WEATHER PROTECTION AND STRUCTURAL HAZARDS.
AS A CITY WORKS ACADEMY, GRADUATE OF 2018, I'M HERE TO DISCUSS WHAT'S GOING ON AT MOUNT CARMEL VILLAGE TODAY WITH RESIDENTS AND OTHER ORGANIZERS.
THE MACHETE IN HIS ATTIRE THING IS THAT REQUALIFYING APPLICATION PROCESSES AND NEW DEPOSITS ARE UNATTAINABLE WHEN COMPARED TO PAST YEARS AND EVEN PAST DECISIONS MADE BY LOCAL LEADERSHIP, ALSO, UH, COMMISSIONS AND BOARDS, AND THOSE DISGUISING THEMSELVES AS MAYOR THIS AND REPRESENTATIVE THAT ALL RESULTING FROM CHRONOLOGICAL NEGLIGENCE TO THIS HAKA IN HUD OBSERVED PROPERTY.
HOW COULD THIS COMMISSION BE DISCUSSING ANYTHING ELSE? WHO'S THE BLIND FOR THIS WHO ON THIS COMMISSION HAS KNOWN ABOUT THE LACK OF MAINTENANCE AND CODE COMPLIANCE AND EUREKA HOLDING.
AND THIS WHICH SO MANY HAVE COME TO LEARN OF IS DISPLACEMENT ON THE GROUNDS OF PURE NEGLIGENCE, STEVE SPENCER, AND DEFINITELY NATASHA HAVE NEVER VOTED ADVOCATED AGAINST THE DEVELOPERS THAT WE KNOW IN EAST AUSTIN IS GENTRIFICATION CHECK THEIR RECORDS IF YOU, IF YOU LIKE.
SO AS THEY WORKED IN ABSOLUTELY VOTED FOR THIS PLACEMENT, THEN THEY'VE ALSO AGREED TO PURE NEGLIGENCE AND THAT ALIGNS WITH THE CODE VIOLATIONS.
DO YOU NOT ALL CARE THAT A HUNDRED UNITS ARE WITHOUT GAS AFTER 32 DAYS, AND NOW WE'RE BEING DISPLACED AND DON'T HAVE ANYWHERE TO GO.
AS OF NOW, EVERY ITEM, EVERY WORK GROUP SESSION, AND EVERY MEETING WITHIN THE CITY OF AUSTIN AND INSIDE OF ANY COUNTY FACILITY SHOULD BE ABOUT WHO THIS HAS HAPPENED TO AND HOW THIS SHOULD NEVER AGAIN HAPPEN WITH CITY OBSERVATION WITH ANY CITY INVOLVEMENT, THESE RESIDENTS THAT HAVEN'T MOVE OUT OF THEIR HOMES ON A WEDNESDAY DURING THE WORKWEEK WHO ON THIS COMMISSION HAS THAT EXPERIENCE WITHOUT A CLEAR PLACE TO GO AGAIN.
MAY I REMIND YOU ALL DUE TO CODE VIOLATIONS THAT HAVE NOT BEEN TAKEN SERIOUSLY? SO AGAIN, I ASKED WHAT ARE, Y'ALL REALLY SPEAKING ABOUT? WHAT OTHER, WHAT OTHER BUILDINGS ARE YOU CLEARLY NEGLECTING AND NOT SETTING ANY ETHICAL STANDARDS WHATSOEVER, FORGET PHYSICAL STANDARDS, ETHICAL STANDARDS.
HOW CAN WE FIGHT FOR EQUITY AND INCLUSION? WHAT ARE THESE PEOPLE INCLUDED IN TODAY'S MEETING? IF WE HADN'T BEEN HERE FOR CITIZEN COMMUNICATION, NOBODY WOULD SPEAK.
SO AGAIN, I'D LIKE FOR YOU ALL, WHEN YOU'RE DONE JUST A REFOCUS ON MOUNT CARMEL VILLAGE, I KNOW YOU HAVE OTHER AGENDA ITEMS AND THERE'S MORE THAN THERE'S MORE ON THE TABLE THAN JUST EAST AUSTIN.
I DO UNDERSTAND THAT, BUT WE NEED, WE NEED SOME HELP HERE.
PEOPLE ARE IN OR IN GRAVE CONDITION EMOTIONALLY, SPIRITUALLY, ALL BECAUSE OF A LACK OF COLD COMPLIANCE.
I HOPE I'VE MADE MY POINT CLEAR.
[00:15:01]
YOU.UM, AS, AS I'M SURE, YOU KNOW, WE ARE NOT POSTED FOR ACTION RIGHT NOW, BUT WE WILL TAKE THIS UP AT THE END OF THE MEETING WHEN WE DISCUSS FUTURE AGENDA ITEMS. AND I APPRECIATE YOU COMING TO SPEAK TONIGHT.
IS THAT COMMISSIONER STILL STEAD? IT IS.
UH, CAN WE ASK MR. WATSON TO REMAIN, UM, IF THERE'S A PARTICULAR PROPERTY OR PARTICULAR ADDRESS THAT, THAT, THAT HE WOULD LIKE TO, UM, UH, TO ASK US TO PLACE ON THE AGENDA FOR FUTURE ACTION? I JUST WANT TO MAKE SURE THAT TO THE EXTENT THAT THE ISSUES HE IS RAISING DO FALL WITHIN, UH, THE AMBIT OF OUR, UM, OF OUR MANDATE, THAT, THAT WE'RE, UM, THAT WE HAVE AN OPPORTUNITY TO, TO ADD THAT FOR FUTURE CONSIDERATION, UM, OR, OR ALTERNATIVELY, SO HE DOESN'T HAVE TO REMAIN ON THE PHONE.
UH, IF YOU COULD GIVE US MORE SPECIFIC INFORMATION.
NOW, IF WE COULD ASK HIM TO DO THAT SO THAT WE, WE HAVE THAT FOR FUTURE REFERENCE AND FOR DISCUSSION, UM, THAT THEY COULD, UH, WHEN, WHEN WE REACH, UM, FUTURE ACTION LATER THIS EVENING.
SO WE DO KNOW THE PROPERTY IS THE MOUNT CARMEL VILLAGE APARTMENTS.
UM, SO WE, YOU KNOW, WE CAN GET AN ADDRESS.
ANYTHING ELSE WE NEED? UM, MR. WATSON, WOULD YOU BE WILLING TO STICK AROUND UNTIL THE END OF THE MEETING OR, OH, WELL, I DON'T, I DON'T HAVE ANY PROBLEM HERE IN MY OFFICE.
I DO BELIEVE THE, UM, THE ADDRESS IS 1,204 NEW YORK AVENUE.
I MIGHT BE INACCURATE, BUT IT IS, IT IS LOCATED ON 12TH STREET BETWEEN, UH, WHERE PLEASANT VALLEY TURNS INTO HARGRAVE AND NEW YORK AVENUE.
I THINK IT IS 1204 NEW YORK, 2,504.
THIS IS BRANDON CARR ASSISTANT CITY ATTORNEY, UM, BECAUSE WE'RE NOT POSTED TO DISCUSS THIS ITEM.
THE MOST WE COULD DO IS DISCUSS PUTTING IT ON A FUTURE AGENDA AT THIS POINT.
UM, SO I DON'T KNOW THAT THE CITIZEN WOULD HAVE ANYTHING ELSE THAT WE COULD REALLY DELVE INTO WITHOUT THIS ITEM BEING POSTED ON THE AGENDA.
UM, DID YOU CATCH THAT MR. WATSON AT THE END OF OUR MEETINGS, WE CAN PUT IT ON A FUTURE AGENDA ITEM, WHETHER THAT'S A REPORT FROM CODE, UM, IF UNLESS CODE BRINGS A CASE FOR IT ALL, UM, REALLY YOUR PURVIEW WOULD BE JUST TO GET A REPORT FROM CODE IF I COULD.
AND I DON'T MEAN TO INTERRUPT ANY PROCESS.
UM, THOSE OF US ON THE CALL, OLIVIA AND MYSELF, WE'D LIKE, UH, SOME, SOME KIND OF COLLABORATION IN FINDING ANY, UH, PUBLIC INFORMATION OR PUBLIC RECORDS WHERE THERE MAY HAVE BEEN MAINTENANCE REPORTS.
THIS PROPERTY, UH, MOUNT CARMEL VILLAGE HAS, HAS CHANGED, UH, CHANGED HANDS PERHAPS FOUR TIMES IN THE LAST DECADE OR THE LAST 15 YEARS.
UM, THE RESIDENTS THAT WE'RE ALIGNING DIRECTLY WITH HAVE EVEN IDENTIFIED THE NAMES OF CERTAIN INDIVIDUALS, THE PROPERTY MANAGER THAT THEY HAVE ON SITE RIGHT NOW, CLIENTS, SHE DOESN'T KNOW, UH, HOW TO TAKE A LEFT OR RIGHT TURN ON THE HIGHWAY BECAUSE SHE'S NEW TO HER.
BUT EVEN IF SHE'S NEW TO HUD, I'M SAYING, DID HER PREDECESSOR NOT LEAVE ANY REPORTS, ANY CHRONOLOGICAL REPORTS ON THE GAS PIPES? I CAN RECALL JUST A COUPLE OF YEARS AGO, THE, THE, UH, THE GRASS COULDN'T EVEN BE MAINTAINED.
SO THERE'S OBVIOUSLY GOTTA BE A HISTORICAL CONTEXT, UH, IN REGARD TO MOUNT CARMEL AND OLIVIA, AND I WOULD LIKE SOME COLLABORATION FROM THE COMMISSION ON WHAT HAS THAT LOOKED LIKE BEFORE NATASHA HARPER MADISON WAS A COUNCIL REPRESENTATIVE WHEN OR HOUSTON WAS COUNCIL REPRESENTATIVE BEFORE STEVE WAS MAYOR, EVEN WHEN CHERYL COLE WAS STILL ON THE COUNCIL, EIGHT TO NINE YEARS AGO, WHO WAS RESPONSIBLE IN CONJUNCTION WITH CODE BECAUSE I, I SAT AT HOMELAND SECURITY A COUPLE OF YEARS AGO AND MET THE DOCTOR IF I MAY, IF I MAY, IF I MAY INTERJECT, UM, I UNDERSTAND THE CONCERN, BUT WE'RE NOT POSTED TO DISCUSS THIS ITEM, UM, FOR THE CITIZEN COMMUNICATIONS.
THANK YOU, NONETHELESS, FOR, UH, FOR CONSIDERING SURE.
YOU'RE WELCOME TO SUBMIT A PUBLIC INFORMATION REQUEST THAT CAN PROVIDE THAT INFORMATION.
UM, THE COMMISSION CAN ALSO REQUEST THAT IN THE REPORT THAT COMES BACK NEXT, UH, AT THE NEXT MEETING, IF THEY WANT TO, BUT WE CAN'T DISCUSS THIS ITEM TOO MUCH FURTHER.
[00:20:01]
OKAY.THANK YOU, MR. CURT, AND THANK YOU AGAIN, MR. WATSON, AND DO KNOW THAT WE DID HEAR YOU, SO WE WILL TAKE IT UP AT THE END OF THIS MEETING AND SEE WHAT WE CAN DO FOR FUTURE AGENDA ITEMS. SO THANK YOU, JANE.
THE NEXT PERSON IS, UH, PAUL
HE'D LIKE TO SPEAK ABOUT THE REPEAT OFFENDER PROGRAM.
COULD YOU IDENTIFY YOURSELF PLEASE? YES, I'M PAUL COULD.
I'M A FULL-TIME STAFF MEMBER WITH THE AUSTIN APARTMENT ASSOCIATION, UH, GOOD EVENING, UH, CHAIR AND COMMISSIONERS.
AND THANKS FOR THE QUICK OPPORTUNITY TO SPEAK BEFORE YOU, UH, LAST MONTH THE COMMISSION HEARD A PRESENTATION ABOUT THE REPEAT OFFENDER PROGRAM AND SEVERAL POINTS WERE RAISED BY STAFF AND THE COMMISSION AND THE CHAIR AND THE, UH, AUSTIN APARTMENT ASSOCIATION WANTED TO GIVE YOU SOME QUICK PERSPECTIVE ON THE TOPIC, UH, TO START, LET ME JUST SAY THAT, UM, AUSTIN CODE DIRECTOR, JOSE RE, UH, ROY HAS, UH, USHERED IN A NEW KIND OF ERA AND APPROACH, UH, AND IS, UH, COMMUNICATES GREATLY WITH STAKEHOLDERS.
UH, HE AND HIS STAFF ARE ALWAYS AVAILABLE TO ANSWER QUESTIONS AND DEAL WITH ISSUES, AND IT'S VERY MUCH APPRECIATED, UH, AT LAST MONTH MEETING, UH, THE CHAIR AND AT LEAST ONE COMMISSIONER QUESTIONED, UH, THE LOW THRESHOLD OF FIVE VIOLATIONS THAT'S ESTABLISHED, UM, FOR, UH, QUALIFICATION FOR THE REPEAT OFFENDER PROGRAM.
UM, AND, UM, YOU KNOW, THIS, THESE FIVE VIOLATIONS ARE NO MATTER IF IT'S A SINGLE FAMILY RENTAL PROPERTY, A DUPLEX, A FOURPLEX, OR A 500 AND A 305 UNIT APARTMENT COMMUNITY.
AND WE WHOLEHEARTEDLY AGREE THAT THE THRESHOLD IS WAY TOO LOW.
AND, UM, AND WE, YOU KNOW, WE'RE, WE THINK THERE SHOULD BE A, A TIERED SYSTEM, UH, THAT, THAT, UH, SHOULD BE INCORPORATED INTO THE ORDINANCE.
NOW, THE STAFF STATED THAT THEY ARE ENFORCING THE ORDINANCE AS WRITTEN, AND WE AGREE, UH, BUT WE FEEL THE ORDINANCE SHOULD BE CHANGED, BUT THE STAFF IS RECOMMENDED, UH, PURSUING ORDINANCE CHANGES, UH, ENACT IN OCTOBER OF 2022.
AND WE DON'T THINK IT SHOULD WAIT THAT LONG BECAUSE A LOT OF THE, UH, ISSUES THAT ARE, THAT ARE BEING ADDRESSED, UH, WITH THE REPEAT OFFENDER PROGRAM, UH, A LOT OF THOSE PROPERTIES JUST SHOULDN'T BE ON THE PROGRAM ANYMORE.
UM, AND THEY'RE WASTING SOME TIME AND, UH, UM, AND RESOURCES OF STAFF.
I MEAN, STAFF ADMITTED LAST MONTH THAT THERE WERE 73 PROPERTIES ON THE PROGRAM AND MOST ON THE LIST HAVE BEEN THERE SINCE THE INCEPTION.
AND THE REASON IS BECAUSE OF THE FIVE VIOLATIONS IS JUST TOO SMALL, A THRESHOLD.
AND A LOT OF THESE VIOLATIONS ARE VERY MINOR, UM, UH, COSMETIC TYPE, UH, VIOLATIONS THAT CAN BE CORRECTED.
UM, AND, UH, YOU KNOW, LIKE A LOOSE TRIM BOARD OF FADED PAINT.
UH, I'VE SEEN VIOLATIONS FOR CHIPPED FOR MICAH ON THE COUNTERTOP, UH, NUMERALS ON THE, UH, OVEN RANGED DIAL THAT ARE HARD TO READ LIGHT BULBS BURNED OUT.
I MEAN, TH THOSE VIOLATIONS ARE ALL COUNT TOWARDS THE REPEAT OFFENDER PROGRAM AND WHEN, UH, WE'RE GONNA PURSUE ORDINANCE CHANGES, AND WE'D LIKE TO SEE THE REPEAT OFFENDER, GO BACK TO THE ORIGINAL INTENT AND DEAL WITH HEALTH SAFETY ISSUES.
WE'D LIKE TO EXCLUDE UNREPORTED VIOLATIONS.
UH, THOSE, AND I THINK THE CHAIR I MENTIONED LAST MONTH, UH, YOU COULD HAVE A DISGRUNTLED RENTER OR RESIDENT.
AND, AND I KNOW WE'VE, WE KNOW THAT THEY'VE BEEN COACHED, DON'T CALL, UH, THE, THE APARTMENT MAINTENANCE CALL THE CITY.
THEY'RE GONNA, THEY'RE THE ONLY ONES THAT ARE GOING TO MAKE SOMETHING HAPPEN.
SO, UH, DON'T ISSUE A, UH, DON'T SUBMIT A MAINTENANCE WORK ORDER, CALL THE CITY AND GIVEN INSPECTION.
AND WE'VE, WE DON'T THINK THAT ANY OF THOSE, ESPECIALLY THE INTERNAL, UH, UNIT, UH, ISSUES THAT HAVE NOT BEEN REPORTED SHOULD NOT BE COUNTED AS A VIOLATION THREE MINUTES.
THANK YOU, MR. CORDERO CHAIR, IF WE COULD GO BACK TO TIFFANY WASHINGTON, SEE IF SHE'S ON THE LINE.
TIFFANY WASHINGTON, ARE YOU WITH US? CAN I, THIS IS, UH, UH, MR. GREEN.
I SHOULD HAVE STOPPED THAT LAST PARTICULAR ONE.
HE, A REPEAT OFFENDER PROGRAM WAS PUTTING OUT SIX, SEVEN YEARS AGO, AND I WAS NOT UNTIL I GOT, I HAD A PART OF THAT.
AND THAT WAS BECAUSE WE COULD GET ABSOLUTELY NO COOPERATION FROM THE AUSTIN APARTMENT ASSOCIATION, ONE OF THE AUSTIN BOARD OF REALTORS.
NOW I'D LIKE TO TAKE THEM A REASONABLE PERSON.
AND IF I'M WANTING TO HAVE A DISCUSSION ABOUT SOME TYPE OF A LEASE,
[00:25:01]
WE COULD PUT THAT ON THE AGENDA, UM, UH, FOR FUTURE DISCUSSION.BUT, UH, I FIND THAT PARTICULAR HAT NOW, UM, THAT A BIAS BASED ON TO BE A BEHAVIOR IN THE PACKAGE.
SO I'D LIKE TO PUT THAT AT NIGHT AND PUT UP FOR DISCUSSION, UH, FOR THEIR NEXT DOWN THE NEXT AGENDA.
WE'LL, WE'LL TAKE THAT UP, UH, AS A FUTURE AGENDA ITEM AT THE END OF THE MEETING.
DO WE HAVE ANY WASHINGTON ON THE LINE CHAIR? SHE'S NOT ON THE LINE.
UH, WE HAVE SEVERAL PEOPLE FOR ANOTHER PROPERTY.
IF YOU COULD PLEASE IDENTIFY YOURSELF.
MY NAME IS ELIZABETH WALLERSTEIN.
I LIVE AT ONE OH NINE WEST MOCKINGBIRD LANE OFTEN.
I'M NOT SURE WHAT DISTRICT THAT IS.
IF I'M NOT MISTAKEN, I DON'T KNOW WHAT THAT MATTERS.
UM, I'M CALLING IN REGARDS TO A PROPERTY AT TWO OH ONE MOCKINGBIRD LANE WHERE IT IS A SMALL COMMUNE OF SMALL CONDO COMPLEX THING THAT THERE'S FIVE UNITS ON ONE SIDE AT THAT ADDRESS.
AND, UH, MIRRORING FIVE UNITS AT ONE OH NINE MOCKINGBIRD WITH A SHARED DRIVEWAY BETWEEN THE TWO ADDRESSES.
ONE SIDE, ONE OH NINE IS OWNED BY THREE PROPERTY OWNERS.
AND TWO OH ONE JUST RECENTLY GOT SOLD LAST SUMMER.
AND ALL THE PEOPLE WHO HAD BEEN LIVING THERE FOR YEARS AND YEARS AND YEARS, UM, THEIR RENT WENT UP AND THEY MOVED OUT.
AND THE NEW PROPERTY OWNERS RENTED THE ENTIRE FIVE W A BOARD AND CARE PARIS ROOM AND BOARD.
AND THEY HAVE TAKEN OVER ALL FIVE UNITS AND THEY TAKE REFERENCES FROM M M H R AND RECENTLY INCARCERATED.
THEY ARE, UM, IN THE ENTIRE BUILDING, WHICH IT SAYS IN THE CODE HANDBOOK WHEN APPLYING FOR A, SOME SORT OF LICENSE THAT TOWNHOMES ARE NOT, ARE TO BE EXCLUDED FROM THIS TYPE OF COMMERCIAL BUSINESS.
THAT'S CLEARLY COMMERCIAL OVER THERE.
THEY'RE GETTING PAID BY MEDICARE AND THEY'RE GETTING SNAP BENEFITS FOR 65 RESIDENTS BECAUSE IT IS NOT ONE HOUSEHOLD OVER THERE.
IT IS FIVE UNITS THAT SOMEHOW CODE ENFORCEMENT IS ALLOWING TO CONTINUE A COMMERCIAL BUSINESS IN A RESIDENTIAL AREA.
I HAVE MADE SEVERAL, UM, REQUESTS AND, UM, VIOLATIONS AND THINGS THAT HAVE HAPPENED OVER THERE.
AND IT IS, SEEMS TO BE MOVING IN THE GENERAL PROCESS TO BE LICENSED AND BE OKAY FOR THEM TO HOLD THIS TYPE OF BUSINESS OVER THERE.
IT IS A CLEAR DANGER TO THE NEIGHBORHOOD.
THERE'S, UM, PEOPLE WALKING AROUND CLEARLY ON MEDICATION.
THERE ARE PEOPLE LOOKING FOR DRUGS.
I'M A LITTLE, I GET A LITTLE WORKED UP ABOUT IT.
I'M TRYING TO FIGURE OUT A WAY THAT IT CAN BE SOLVED IN A PEACEABLE MANNER RIGHT NOW, FROM WHAT I'VE HEARD FROM THIS OTHER APARTMENT AND THE CODE VIOLATION SOMEHOW TURNED INTO SOMETHING ELSE.
I'M AFRAID THAT I'M NOT GOING TO BE ABLE TO GET ANY HELP AT ALL RIGHT.
I KNOW YOU HAVE SOME NEIGHBORS WHO WOULD HAVE SOME NEIGHBORS WHO WOULD ALSO LIKE TO SPEAK ON THIS TOPIC.
THE NEXT PERSON WOULD BE JESSICA MYERS.
COULD YOU IDENTIFY YOURSELF PLEASE? YES, I'M JESSICA MYERS.
UM, I ALSO WAS AT ONE OH NINE WEST
[00:30:01]
MOCKINGBIRD, UM, WHICH IS IN DISTRICT THREE.UM, THANKS FOR THE OPPORTUNITY TO SPEAK TONIGHT.
I JUST WANTED TO ECHO WHAT MS. WALLACE WAS AN INDIVIDUAL WHO PURCHASED, UM, THE CONDOMINIUMS IN THE SUMMER AND HAS ADVERTISED THEM AS MULTIFAMILY HOMES WHEN THEY'RE SINGLE FAMILY.
UM, THEY'RE ZONED AS SF STICKS, WHICH IS THE TOWNHOUSE ZONED DISTRICT.
UM, AND HE IS BASICALLY MASTER LEASING THEM AS ONE UNIT.
UM, SO THE NEIGHBORHOOD, UH, SORRY, EXCUSE ME.
UM, CODE ENFORCEMENT HAS GRANTED THEM A PERMIT AS OF YESTERDAY, AND THEY WERE ABLE TO BYPASS THEM BEING OVER OCCUPIED BECAUSE THESE ARE TWO BEDROOM AND THREE BEDROOM UNITS.
UM, ONE SOUR, ONE TOILET, THEY WERE OVER TO BYPASS.
THEY WERE ABLE TO BYPASS THAT BY GRANTING AN RA, A REASONABLE ACCOMMODATION PERMIT.
HOWEVER, UM, ACCORDING TO THE MUNICIPAL CODE AND RA IS FOR AN INDIVIDUAL PERSON WITH A DISABILITY AND NOT, DOES NOT APPLY TO A PROPERTY.
AND THE PERSON THAT IS RECEIVING THE RA STILL HAS TO COMPLY WITH STATE AND LOCAL LAWS.
HOWEVER CODE GAVE THEM THE RA FOR THE ENTIRE PROPERTY, HELP THEM APPLY FOR THE RA AND TOLD THEM HOW TO APPLY AND WHAT TO WRITE.
WENDY RHODES, GRANTED THE RA AS WELL AS ROSIE TRUE LOVE WAS INVOLVED IN DOING SO THESE ARE AGAIN, TWO AND THREE BEDROOM CONDOS.
AND BECAUSE THEY WERE GRANTED VRA AND THE PERMIT THEY'RE NOT ALLOWED TO HAVE AS MS. WALLERSTEIN SAID, AT LEAST 60 PEOPLE ON THE PROPERTY CODE ENFORCEMENT HAS GIVEN THEM THE PERMIT WITHOUT THEM BEING INSPECTED FROM A FIRE MARSHALL, THEY HAVE NO FIRE EXITS.
THE BEDROOMS ARE INCHES APART FROM EACH OTHER, WITH PEOPLE CRAMMED IN THEM.
I TRIED TO REPORT THIS TO THE FIRE.
THEY TOLD ME TO CALL THREE, ONE, ONE.
IT GOES TO CODE CODE COMES OUT AND MAKES IT A DUPLICATE CASE CLOSES.
THEY CLEARED ALL OF THEIR VIOLATIONS AND GRANTED THEM THE PERMIT.
THIS IS NOT, THESE ARE NOT NORMAL LIVING CONDITIONS.
THIS IS NOT A NORMAL RENTING OR LIVING SITUATION.
THE NEXT PERSON THAT WANTS TO SPEAK IS MY MAX MYERS.
I ALSO LIVE AT ONE OH NINE WEST MOCKINGBIRD LANE, AUSTIN, TEXAS.
UM, DISTRICT THREE, I BELIEVE, AS JESSICA SAID, UM, I BASICALLY WANT TO REITERATE ON EVERYTHING.
UM, MRS. WALLERSTEIN SAID, AND, AND JESSICA SAID AS WELL.
UM, I ALSO WOULD LIKE TO ADD TO THE FACTS, UM, ON THE STRUCTURAL VIOLATIONS THEY HAD, THEY HAVE TRASHED VIOLATIONS, MULTIPLE OTHER VIOLATIONS.
ON TOP OF THAT, THERE'S BEEN A LOT OF CRIME HERE.
THERE'S BEEN MULTIPLE INCIDENTS WHERE THE POLICE HAVE CAME OUT VIOLENT INCIDENTS AND CODE JUST DOESN'T SEEM TO TAKE IT SERIOUSLY.
UM, LIKE, LIKE JESSICA SAID, THEY JUST DUPLICATE IT AND THEY BASICALLY JUST CLOSE IT OUT.
BUT, UM, I JUST FEEL LIKE OUR CONCERNS AREN'T BEING HEARD HERE AND THEY'RE TREATING IT AS A, IT'S A PERSONAL THING BETWEEN US, MIND YOU, THESE ARE CONDOS AND WE'RE 20 FEET AWAY FROM THE OTHER SIDE.
SO ALL THIS SEPARATING US AS A SMALL DRIVEWAY.
UM, I PERSONALLY HAVE BEEN ASKED MULTIPLE TIMES IF I KNOW WHERE TO FIND DRUGS FOR THEM.
UM, I'VE SEEN THEM IN OUR MAILBOXES.
I'VE SEEN THEM WANDERING AROUND IN MY NEIGHBOR'S YARDS ON THEIR PROPERTY, INSIDE THEIR GATES.
UM, I'VE BEEN THREATENED BY THEM AND THE WORKERS THERE AND THE WORKERS THERE ALSO HAVE CRIMINAL RECORDS, UH, UM, VIOLENT CRIMINAL RECORDS, WHICH ARE NOT EVEN ALLOWED WITH THIS TYPE OF, UM, WITH THIS TYPE OF BUSINESS.
SO I JUST, YOU KNOW, THAT'S BASICALLY ALL I HAVE TO SAY ABOUT THE WHOLE THING.
I BELIEVE WE HAVE ONE, ONE MORE SPEAKER, TOM ROBINSON, IF YOU'RE WITH US, MR. TOM ROBINSON, HE MAY NOT BE ON THE LINE.
HE, I NEVER WAS ABLE TO EMAIL HIM A CALL-IN NUMBER.
THE OTHER PERSON, IF TIFFANY WASHINGTON IS PERHAPS SHE'S ON THE LINE NOW, NOW SHE'S
[00:35:01]
NOT.SO I BELIEVE THAT WAS EVERYONE WHO WAS REGISTERED TO SPEAK FOR CITIZENS COMMUNICATION.
SO I WOULD JUST LIKE TO SAY ON TWO OH ONE WEST MOCKINGBIRD LANE, WE CAN TAKE IT UP AT THE END OF THE MEETING AND DECIDE IF THERE'S ANY, YOU KNOW, ANYTHING WE COULD DO IN TERMS OF PUTTING IT ON A FUTURE AGENDA ITEM.
BUT, UH, I THANK EVERYONE FOR COMING IN TONIGHT TO TALK TO US.
WOULD YOU LIKE TO MOVE ON TO THE CASES? I WOULD, SORRY.
I'M SHUFFLING PAPER OVER HERE.
UH, SHOULD WE GO AHEAD AND TAKE
[Items 1 - 3]
UP CASE NUMBER ONE? ITEM NUMBER ONE? YES.UH, FIRST ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION OR ITEMS ONE THROUGH THREE, WHICH ARE CONTINUED CASES REGARDING THE COMMERCIAL BUILDINGS LOCATED AT NINE OH SEVEN, NINE OH NINE AND NINE 11 CONGRESS AVENUE.
ALTHOUGH THESE ARE SEPARATE CASES, ALL THREE BUILDINGS HAVE A COMMON OWNER.
THE EXHIBITS CAN BE FOUND IN THE TAN BOOK IN YOUR GOOGLE DRIVE FOLDER.
AND THE CASE NUMBERS ARE AS FOLLOWED NINE OH SEVEN.
CONGRESS IS CASE NUMBER SEAL 2021 ZERO ZERO TWO THREE ZERO FOUR.
AND I KNOW NINE CONGRESS IS CASE NUMBER CL 2021 ZERO ZERO TWO THREE TWO ONE AND NINE 11.
CONGRESS IS CASE NUMBER C L 2021 ZERO ZERO TWO THREE TWO SEVEN.
AS YOU ARE AWARE FROM OUR PREVIOUS MEETINGS, ALL THREE BUILDINGS ARE IN A HISTORIC DISTRICT AND NINE OH SEVEN AND 909 CONGRESS HAVE HISTORIC LANDMARK DESIGNATIONS.
AT LAST MONTH'S MEETING THE BSE ISSUED ORDERS TO SECURE THE FACADES WITHIN 14 DAYS.
THE COMMISSION ALSO REQUIRED THAT THE CASES BE BROUGHT BACK THIS MONTH TO ADDRESS THE REMAINING ITEMS, WHICH WERE THE CODE VIOLATIONS AND TO REPORT BACK FINDINGS FROM THE MARCH 22ND, 2021 HISTORIC LANDMARK COMMISSION MEETING.
AT THIS TIME, THE FACADES HAVE BEEN SECURED BECAUSE INSPECTOR ADAMS WAS ONLY CONTACTED YESTERDAY TO CONFIRM COMPLIANCE.
THE PENALTIES ARE STILL UNDER REVIEW AS FAR AS THE, THE DATE OF COMPLIANCE AND, UH, ALSO WITH THE MARCH 22ND HISTORIC LANDMARK COMMISSION MEETING, THEY MET ON THE 22ND AND THE HLC VOTED TO POSTPONE TO UNTIL APRIL 26TH, THE, UM, HEARING FOR THIS MATTER AND TO RECOMMEND THAT THE APPLICANT ATTEND THE ARCHITECTURAL REVIEW COMMITTEE MEETING IN MID APRIL.
UM, AND I BELIEVE ELIZABETH BRUMMETT IS HERE TONIGHT, AND SHE MIGHT BE ABLE TO SPEAK LATER ON THAT SHE'S HERE FROM THE HISTORIC PRESERVATION OFFICE, UM, IN THE GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBITS 13, 15, AND 17, WHICH CONTAINED THE UPDATED COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP, THE NOTICES FOR TONIGHT'S HEARINGS AND POSTINGS THE FEBRUARY ORDERS, AND I'VE REMOVED THE PENALTY STATEMENTS.
AND LASTLY, UM, I BELIEVE THAT'S IT.
SO EXHIBITS 14, EIGHT THROUGH 14, NINE, 16, EIGHT THROUGH 16 H AND 18, EIGHT THROUGH 18 H WHICH CONSISTS OF PHOTOGRAPHS FOR EACH OF THE CASES REPRESENTED AS WELL AS A RECOMMENDED ORDER.
AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR EACH CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY ACTUALLY.
I AM UNABLE TO ACTUALLY VIEW THE DOCUMENTS.
IS ANYONE ELSE EXPERIENCING THAT THOSE PROBLEMS OR COULDN'T EVERYONE ELSE SEE THE EXHIBIT? I CAN SEE THEM.
UM, I'LL TRY RELOADING MY PAGE AND, UH, OTHERWISE I WAS JUST GOING TO ASK IF PERHAPS WE COULD SEE AND WE COULD LOAD THE PHOTOS.
THAT'S WHAT I'M HOPING IS THAT WE CAN ACTUALLY VIEW THEM VIA ALTERNATE METHODS.
IF YOU DO NEED TO SEE ANYTHING IN THE BACKUP DOCUMENTATION, WE HAVE IT HERE SO WE CAN PUT IT ON THE SCREEN IF NECESSARY.
WHICH WE'RE NOT NINE AT NINE OH SEVEN, 909 AND NINE 11 ARE ALL KIND OF TOGETHER.
WELL, THEY'RE ACTUALLY DIFFERENT FILES, BUT YEAH, THE PHOTOS WILL BE PRESENTED TOGETHER, BUT YOU SHOULD HAVE SEPARATE FILES IN YOUR BACKUP FOLDER FOR EACH CASE.
UH, ARE WE READY FOR WILLIS'S PRESENTATION? YOU CAN TAKE IT BACK TO THE BEGINNING.
[00:40:05]
GOOD EVENING COMMISSIONERS.MY NAME IS WILLIS ADAMS. I AM THE CODE OFFICER ASSIGNED TO THESE THREE CASES LOCATED, UH, AT NOMINAL SEVEN, NINE OH NINE AND NINE 11, UH, CONGRESS AVENUE.
UH, THESE CASES WERE, WERE, UH, BROUGHT TO OUR ATTENTION IN SEPTEMBER OF LAST YEAR.
UH, I POSTED, I SENT NO, THIS IS THE VIOLATIONS FOR THE PROPERTIES.
AND THEY WERE ALSO POSTED ON THE SITE.
I ALSO APPLY THAT, UH, THE, THE, UH, PROPERTIES WITH UNSAFE PLACARDS, UH, AS I WAS CONCERNED ABOUT, UH, THE FRONT FACADE, WHICH HAD SOME, UH, LOOSE BRICKS, UM, AS OF YESTERDAY, UH, THE 23RD OF MARCH, I DID RECEIVE NOTIFICATION THAT THE, UH, OWNER'S REPRESENTATIVES HAD, UH, ADDED WIRE MESHING, UH, TO THE FRONT FACADE, THE UPPER HALVES OF ALL THREE PROPERTIES.
UM, I DID, UH, GO BY THERE AND VERIFY THAT, UH, THAT HAD OCCURRED.
UM, I BELIEVE THOSE, UH, THE MESHING WAS SUFFICIENT, UM, TO TAKE CARE OF THE ISSUES ON THE FRONT OF THE WALL.
HOWEVER, THERE ARE STILL ARE STRUCTURAL, UH, DANGERS ASSOCIATED WITH THESE PROPERTIES.
AND, UH, AS THE PRESENTATION I PROVIDED BACK IN, IN FEBRUARY, UH, THEIR ISSUES WITH THE A AS, UH, UM, BEGAN, UH, WITH ROOF DETERIORATION, UH, DAMAGED WINDOWS, FRONT AND REAR, UM, BECAUSE OF THE WEATHER ELEMENTS, THE TWO HOLES IN THE ROOF, ONE ROOF SAGGING AT NINE OH NINE OH NINE AND THE HOLE IN THE ROOF AT NINE OH SEVEN.
UH, THIS, THIS ACTUALLY WAS A PRESENT BEFORE THE WINTER STORM.
SO THEY PROBABLY BEEN MORE COMPROMISED AS A RESULT OF THAT, WHETHER OR NOT TO MENTION ALLOWING ELEMENTS INSIDE, UH, DAMAGING POSSIBLE CROSS MEMBERS, UH, WILL FOUNDATION WALLS, THE CEILING FLOOR, JOYCE, UH, THE ELECTRICAL WIRES AS WELL.
AND OF COURSE THE DATE, THE DATE, THE DAMAGE OF THE ADJOINING WALLS BETWEEN, UH, NINE OH SEVEN AND NINE OH FIVE.
UH, AT THIS TIME I WOULD LIKE TO, UH, PRESENT THE PHOTOS FOR, UH, THE PROPERTY OF NANO SEVEN.
THIS IS A FRONT CONTEXTUAL PICTURE, ACTUALLY ILLUSTRATING ALL THREE PROPERTIES, UH, NINE OH NINE OH SEVEN BEING ON THE FAR RIGHT, UH, NINE OH NINE DIRECTLY IN THE MIDDLE IN OF COURSE, NINE 11 IS ON THE, UH, LEFT SIDE OR THE NORTH SIDE OF THE PROPERTY.
THIS IS THE UPPER HALF OF A NINE OH SEVEN.
UH, AS YOU CAN SEE THAT, UH, THERE IS A WIRE THAT WAS THE WIRE MESH PRIOR TO THE ADDITIONAL MESH BEING ADDED, UH, JUST YESTERDAY.
AND THERE ARE ELECTRICAL WIRES, ALSO A PROTRUDING FROM THE UPPER HALF AS WELL.
THE WINDOWS THERE'S TWO DAMAGED, OR IT LOOKS LIKE THREE DAMAGED WINDOWS.
UM, THERE'S ALSO, YOU CAN SEE THERE'S SERIOUS SURFACE DAMAGE TO THE FRONT, UH, FRONT OF THE TOP HALF OF THAT PROPERTY ON NEXT.
AND THAT'S A MUCH BETTER, UH, VIEW OF THE TOP HALF OF A NINE OH SEVEN.
UM, YOU CAN SEE THE, UH, DETERIORATION OF THE SURFACE AROUND ALL THREE WINDOWS, AS WELL AS BELOW THE WINDOWS IN THE OPENING BETWEEN, UH, THE FIRST AND SECOND FLOOR WITH WIRES HANGING FROM THE BUILDING NEXT FELLOW, PLEASE.
THIS IS JUST A LOWER, UH, THE SIDEWALK VIEW AT THE BASE.
UH, OBVIOUSLY, UH, THEY HAVE PLACED PLY WITH OVER THE F THE LOWER HALF.
HOWEVER, AS YOU CAN SEE, THERE ARE HOLES THERE THAT, UH, THERE COULD BE A ROAD INFESTATION INSIDE NEXT PHOTOGRAPH, PLEASE.
THIS IS THE REAR OF THE STRUCTURE.
UH, THE WINDOWS ARE, UH, UH, THERE IS A WINDOW THERE'S WINDOW DAMAGE THERE.
HOWEVER THE WINDOWS ARE, ARE, HAVE BARS.
UH, UH, SO YOU CANNOT ACCESS THE PROPERTY TO SECURE FROM THE REAR NEXT PHOTOGRAPH, PLEASE.
UH, THAT IS A SHOT OF ONE OF THE WINDOWS WITH THE BARS.
THERE IS NO GLASS, AS YOU CAN SEE, YOU CAN SEE DAYLIGHT, UH, JUST ON THE TOP OF THAT WINDOW THAT SHOWS THE, UH, THE HOLE EXISTS IN THE CEILING, UM, OF NINE OH SEVEN NEXT PHOTOGRAPH, PLEASE.
AND THAT'S A, THAT'S A SHOT OF THAT SAME, UH, HOLE THERE.
UM, JUST A LITTLE CLOSER, MUCH CLOSER CAMERA SHOT THERE.
THIS IS THE ROOFTOP OF NINE OH NINE OH SEVEN.
UH, YOU CAN SEE THE HOLE NOW FROM THE TOP HALF OF A STRUCTURE
[00:45:01]
NEXT PHOTOGRAPH.ANOTHER ANGLE OF THAT, OF THAT ROOF.
I TOOK THAT PHOTOGRAPH OF THE ADJACENT OWNER AT NINE OH FIVE, ALLOWED ME INTO HIS PROPERTY.
HE'S IN THE PROCESS OF RENOVATING HIS STRUCTURE AND HE'S HAD SERIOUS ISSUES WITH THE ADJOINING WALLS FROM NINE OH SEVEN.
UH, HE SHARES A WALL WITH THE NINE OH SEVEN AND HE'S HAD ISSUES WHERE HE'S CONSISTENTLY HAD TO, UH, HAVE MASONARY WORK DONE FOR HIS WALL AS A RESULT OF THE DAMAGE TO THE ADJOINING WALL FROM THE, FROM NINE OH SEVEN.
UH, YOU CAN ALSO SEE JUST ACROSS A NINE ON THE ROOF OF NINE OH SEVEN.
THERE'S A ROOF OF NINE OH NINE AND THERE IS A DEPRESSION IN THE ROOFTOP OF NINE OH NINE AS WELL.
AND THAT, THAT ENDS THE PRESENTATION FOR NINE OH SEVEN.
WE'LL NOW MOVE OVER TO THE PHOTOGRAPHS FOR 909.
THIS IS A REPEAT OF THE, UH, CONTEXTUAL VIEW OF THE FRONT, UH, OF THE PROPERTY, UH, NINE OH NINE IS THE PROPERTY DIRECTLY BETWEEN, UH, NINE OH SEVEN AND NINE 11, WHERE THE, UH, THE, THE VEHICLES APART NEXT PHOTOGRAPH, PLEASE.
THIS IS THE UPPER HALF OF A DIAMOND NINE.
UH, THERE IS, UH, THE UPPER SASH OF ALL THREE, UH, WINDOWS.
UH, I'M NOT SURE IF THERE'S GLASS IN THERE OR NOT, BUT THEY ARE ABORTED.
UM, AND THERE IS A GAP BETWEEN THE FIRST AND SECOND FLOOR ON THE, UH, EXTERIOR WALL.
IT SHOWS THE, UM, SEPAR, THE, ACTUALLY THE GAP BETWEEN THE FIRST AND SECOND FLOORS AND ALSO SHOWING A SURFACE, THE SURFACE OF THE, OF THE, UH, STRUCTURE, HAVING SOME, SOME ISSUES MISSING BOARDS, UH, UH, DECAYING WOOD.
AGAIN, THIS IS JUST ANOTHER PHOTOGRAPH OF THE OPENING, UH, ALLOWING, UH, UH, BIRDS TO NEST INSIDE THAT PROPERTY.
AND I HAVE, I HAVE SEEN THEM ONCE THAT, UH, WHEN I WAS ONSITE NEXT PHOTOGRAPH, PLEASE.
UH, THIS ACTUALLY IS, UH, SHOWING THE CONNECTING, UH, STRUCTURES NINE OH SEVEN AS WELL AS, UH, NINE OH NINE.
AND YOU CAN SEE THE, THE, UM, DETERIORATION OF, OF THE UPPER HALF OF NINE OH SEVEN AS WELL AS, UH, THE ADJOINING WALL THERE WITH NINE OH NINE.
THIS IS THE REAR OF NINE OH NINE.
UH, UH, PERSON COULD NOT GET THROUGH THAT, UH, BUT THERE IS AN OPENING THERE, UM, IN THE REAR NEXT PHOTOGRAPH, PLEASE.
UH, THIS IS A PHOTOGRAPH AGAIN FROM THE, UH, JASON PROPERTY AT NINE OH FIVE SHOWING THE HOLE IN THE ROOF OF NINE OH SEVEN AND THE, UH, DEPRESSION OF NINE OH NINE, WHICH I'M SURE WERE FURTHER, UH, DAMAGED BY THE WINTER EVENT WE, WE EXPERIENCED, UH, 40 DAYS AGO OR 35 DAYS AGO.
AGAIN, THAT'S ANOTHER SHOT FROM A DIFFERENT ANGLE OF THE, UH, TWO, UH, ROOF SURFACES, UH, UNABLE TO GET A SHOT OF THE ADJOINING ROOF, UH, AT NINE 11.
UH, MY CONCERNS ARE THAT BECAUSE OF THE DETERIORATION OF THESE TWO ROOFTOPS, UH, WE CAN ONLY IMAGINE, UH, HOW DANGEROUS AND HOW DAMAGING, HOW DAMAGED THE INTERIOR OF, UH, ALL THREE STRUCTURES IS AT THIS POINT, THE NEXT PHOTOGRAPH, PLEASE.
AND THAT ENDS THE, UH, PRESENTATION FOR NINE, NINE OH NINE.
AGAIN, THE, THE GRAPH ON, UH, IS THE CONTEXTUAL PICTURE OF ALL THREE PROPERTIES.
UH, NINE 11 IS THE PROPERTY, UH, TO THE LEFT.
THIS IS A SIDE VIEW OF, UH, THE PROPERTY AT NINE 11 FROM TAKING FROM THE SIDEWALK, AS YOU CAN SEE, UH, THERE HAS, THERE IS SIGNIFICANT, UH, SURFACE DAMAGE.
UH, SOME OF THE BRICKS ARE LOOSE.
UH, THERE'S OPENINGS THE SCREENING AT THAT PRIOR TO, YES, I'D LIKE TO ASK EVERYONE TO MUTE AND THUS IN ARE SPEAKING.
[00:50:01]
THANK YOU.UH, THE, THE WIRE MESH THAT'S, UH, PRESENT IN THIS PHOTOGRAPH OBVIOUSLY WAS TAKEN BEFORE, UH, THEY ADDED THE, UH, BEFORE I TOOK PHOTOS OF THE ABBOTT MESH, UH, FROM YESTERDAY.
UH, SO IT DOES SHOW THAT THERE WAS DETERIORATION OF THAT WIRE MESHING, UH, UH, DURING THE TIME OF MY INITIAL INSPECTION NEXT PHOTOGRAPH, PLEASE.
AND THIS GIVES YOU A MUCH BETTER, UH, VIEW OF, UH, THE, UM, NINE 11 BUILDING.
YOU CAN SEE MISSING, UH, BRICKS.
UH, THE WIRE MESH IS JUST HANGING THERE, UM, THROUGH TWO OF THE THREE WINDOWS HAVE CINDERBLOCKS, UH, COMPLETELY COVERED.
HOWEVER, THE MIDDLE WINDOW DOES HAVE AN OPENING AGAIN, ALLOWING WEATHER, UH, ELEMENTS TO GET INSIDE AND FURTHER DAMAGE TO THE INTERIOR OF THAT PROPERTY.
AND THIS IS A MUCH CLOSER SHOT, AND YOU COULD SEE THE NETTING, UH, WAS NOT SUFFICIENT TO PREVENT, UH, POSSIBLE, UH, BRICKS FROM FALLING AND INJURING, UH, CITIZENS, AS WELL AS, UH, VISITORS TO OUR CITY, UH, PASSING THAT PROPERTY.
THIS IS ONLY BLOCKS AWAY FROM OUR STATE CAPITAL.
SO THERE'S A LOT OF TRAFFIC, UH, ON THAT, UH, THOROUGHFARE ON THAT SIDEWALK, UM, BACK AND FORTH, UH, FROM THE CAPITAL ALL THE WAY DOWN TO, UH, SIXTH STREET.
UH, THAT'S THE SITE, A VASE OR A SIDEWALK VIEW SHOWING AGAIN, THERE IS SOME DETERIORATION OF THE PLYWOOD THAT THEY PLACED OVER THE LOWER HALF SHOWING THAT IT DOES ALLOW FOR A POSSIBLE ROAD AND INFESTATION NEXT PHOTOGRAPH, PLEASE.
THIS IS A PICTURE I TOOK FROM THE VERY NORTH SIDE OF THE PROPERTY OF THE ADJOINING WALL WITH THE PROPERTY THERE AT NINE 15, UM, CONGRESS, UH, YOU CAN SEE THE NETTING, UH, IS JUST HANGING.
YOU CAN ALSO SEE THAT THE ENTIRE, UH, PIECE OF THAT WALL THERE'S ABOUT, I'D SAY TWO AND A HALF FEET OF BRICK IS SEPARATED FROM THE, THE FRONT FACIA.
UH, THE POTENTIAL FOR THAT FALLING, UM, IS GREAT.
I MEAN, I, I MEAN, IT'S, IT'S BEEN IN THIS CONDITION FOR QUITE A WHILE.
I DO KNOW THAT, UH, HOWEVER THE REPRESENTATIVES DID PLACE, UH, SOME PLYWOOD OVER THAT, UH, IT LOOKS EFFICIENT.
UH, IT LOOKS LIKE IT, IT WILL BE SUFFICIENT TO ENSURE THAT THAT, UH, IN THE ONE, BECAUSE NO ONE COULD GET HARMED, IF THAT SHOULD FALL IT'S IT'S IN PLACE RIGHT NOW AS OF YESTERDAY.
SO I AM SATISFIED WITH THAT, BUT I STILL FEEL THAT THERE FURTHER, UH, INTERIOR DETERIORATION THAT WE ARE, THAT I HAVE NOT BEEN ABLE TO INSPECT TO.
HAVEN'T BEEN GIVEN PERMISSION TO INSPECT THE INTERIOR NEXT PHOTOGRAPH, PLEASE, AS A REAR SHOT OF NINE 11, UH, THE REAR SECURE, THERE ARE NO, UH, ENTRY POINTS.
UH, THERE IS THE WINDOWS BEHIND THAT STRUCTURE.
HOWEVER, AGAIN, I'VE NOT BEEN INSIDE, SO I CAN'T GIVE A FURTHER TESTIMONY OF THE CONDITION OF THE INSIDE.
HOWEVER, BECAUSE OF THE COMPROMISE OF TWO OF THE ADJACENT STRUCTURES IN THE ROOF, ON THE ROOF, UH, I CAN ONLY IMAGINE THE, UH, INTERIOR DAMAGE TO THOSE STRUCTURES NEXT PHOTOGRAPH.
AND IT'S JUST A SHOT OF A, THE MEETING THAT WAS SET TO TAKE PLACE, UH, TWO DAYS AGO.
THAT CONCLUDES MY PRESENTATION.
UH, IF ANYONE HAS ANY QUESTIONS, UM, I'M OPEN TO ENTERTAIN THEM.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS 13, 15, AND 17, WHICH INCLUDE STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS 14, A THROUGH 14, NINE, 16, 83, 16 H AND 1883 18 H ALSO CHAIR.
BEFORE I READ THE RECOMMENDATIONS, I WOULD LIKE TO MAKE A REQUEST SINCE THE LANGUAGE IS IDENTICAL IN EACH OF THE RECOMMENDED ORDERS, PLEASE ALLOW ME TO READ IT ONCE WITH THE UNDERSTANDING THAT WE ARE REQUESTING THAT SEPARATE ORDERS BE ISSUED IN EACH CASE.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF THE FOLLOWING IN EACH OF THE THREE REFERENCE CASES.
ONE REQUIRED THAT THE OWNERS OWNER COMPLETE THE FOLLOWING WITHIN 90
[00:55:01]
DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS IN ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC STRUCTURES, INCLUDING APPROVAL FROM THE HISTORIC LANDMARK COMMISSION, IF NECESSARY, BE CORRECT THE CITED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE STRUCTURE AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND TWO ON THE 91ST DAY, IF THE REPAIRS REQUIRED BY THIS ORDER ARE NOT COMPLETE ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTER SHELLA CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.UM, ACTUALLY I HAVE JUST ONE QUICK QUESTION BEFORE WE MOVE ON.
SO THE CIVIL PENALTIES OF 1000 PER WEEK, IS THAT PER PROPERTY OR PER VIOLATION? YES.
UM, SO I BELIEVE AT THIS POINT WE WOULD LIKE TO HEAR FROM THE PROPERTY REPRESENTATIVES.
CAN I ASK A QUESTION? I'M NOT SURE IF IT'S APPROPRIATE NOW, OR I WOULD LIKE TO ASK THE CODE OFFICER A QUESTION I'D LIKE TO HOLD THE QUESTIONS UNTIL THE END, IF WE COULD.
SO DO WE HAVE A LEAH BOTO ON THE LINE OWNER'S REPRESENTATIVE DEPENDING ON A PROPERTY OWNER.
UM, I, UH, WOULD, WOULD, UH, LOVE TO RESPOND TO SOME OF THOSE POINTS AND GIVE YOU AN UPDATE.
UM, I BELIEVE THAT, UM, AT LAST MONTH'S MEETING, WHAT YOU ASKED US TO DO WAS TO MAKE THE REPAIRS, THE FACADE, UM, WHICH WE DID, UH, WE DID MAKE THOSE REPAIRS ON THREE 10.
UM, AND WE DIDN'T, OF COURSE WE HAD A CONTRACTOR MAKE THOSE REPAIRS AND THE CONTRACTOR LET US KNOW THAT ACTUALLY, WHEN THEY WERE OUT THERE MAKING THOSE REPAIRS, THERE WAS A CODE OFFICER ON THE SCENE WHO SAID THAT WHAT WE WERE DOING WAS SATISFACTORY.
SO WE'RE WORKING ON PULLING TOGETHER THAT PERSON'S CARD AND THOSE DETAILS THROUGH ALL.
BUT, UM, THOSE, I JUST WANT TO MAKE SURE, YOU KNOW, THAT THAT DIDN'T HAPPEN YESTERDAY.
IT DID HAPPEN, UM, ON THE 10TH OF MARCH, UM, WITHIN THE WINDOW THAT YOU HAD HAD ASKED US TO HAVE THE WORK DONE.
UM, SO UNFORTUNATELY I THINK A LOT OF THOSE PHOTOS THAT YOU WERE LOOKING AT WERE FROM BEFORE THAT WORK WAS DONE ON THREE 10.
SO, UM, THINGS ARE LOOKING A LITTLE BIT BETTER OUT THERE.
UM, AS FAR AS THE FACADE GOES NOW, UM, THE OTHER, THE OTHER THING THAT I BELIEVE YOU ASKED US TO COME BACK WITH WAS AN OVERALL TIMELINE FOR THE DISMANTLING OF THE FACADE AND THE BUILDINGS.
AND THAT'S THE PART, UM, OF COURSE IT GETS TRICKY BECAUSE WE HAVE TO WORK WITH HISTORIC LANDMARK COMMISSION, UM, TO GET THEIR PERMISSION TO DO THE WORK THAT, THAT WE WANT TO DO.
WE DID PRESENT A PRELIMINARY SCOPE FOR THAT WORK TO THE HISTORIC LANDMARK COMMISSION ON MONDAY.
UM, WE ALSO WENT TO THE ARCHITECTURAL REVIEW COMMITTEE, UM, EARLIER THIS MONTH.
UM, WE HAVE A HISTORIC ARCHITECT ON THE TEAM, DONNA CARTER.
UM, WE'RE VERY PLEASED TO HAVE HER WITH US.
AND, UM, THAT SCOPING DOCUMENT WAS INCLUDED WITH YOUR BACKUP, JUST SO, JUST SO YOU ALL COULD SEE, UM, YOU KNOW, KIND OF WHAT WE'RE, WHAT WE'RE PRESENTING TO THEM AND, AND, AND WHAT WE'RE LOOKING FOR.
UM, WE DID ASK FOR FEEDBACK FROM THEM W WE WERE POSTPONED, UM, AS WAS REPORTED.
UM, BUT WE WERE ABLE TO GET SOME FEEDBACK, WHICH WAS HELPFUL SO THAT WE CAN BEGIN DRAFTING THAT REPORT.
AND THAT REPORT WILL ACCOMPANY THE DEMOLITION PERMIT THAT WILL BE REQUIRED TO DISMANTLE THE FACADE AND TAKE DOWN THE REST OF THE BUILDING.
UM, SO WE WILL COME BACK IN APRIL WITH THAT, WITH THOSE MATERIALS, UM, AND WE WILL BE WORKING, WE'VE ALREADY HAD SOME CONVERSATIONS WITH DEATH AND WE WILL BE CONTINUING TO WORK WITH HISTORIC OFFICE STAFF, AS WELL AS, UM, GOING TO THE ARCHITECTURAL REVIEW COMMITTEE MEETING, REACHING OUT TO COMMISSIONERS INDIVIDUALLY BEFORE THE MEETING AND DOING EVERYTHING WE CAN TO MAKE SURE THAT WHEN WE GET TO THEM IN APRIL, UM, WITH THAT REPORT, THAT WE ARE, YOU KNOW, WE ARE GIVING THEM WHAT THEY WANT TO SEE AND EXPEDITING OUR PROGRESS TOWARD THAT PERMIT, UM, BEING CONSERVATIVE, YOU KNOW, I HOPE I WOULD LOVE TO THINK THAT WE WOULD HAVE THAT PERMIT IN APRIL.
I THINK IT'S POSSIBLE THAT WE WOULDN'T, THAT WE WOULD HAVE A REPORT AND WE WOULD GET TALK TO THEM ABOUT THE DETAILS OF THAT IN APRIL AND POSSIBLY NOT GET THE PERMIT UNTIL LATER IN MAY.
UM, BUT EITHER WAY, WHETHER WE GET IT AT THE END OF APRIL OR THE END OF THE, AT THE END OF, FROM HISTORICALLY MARK, UM, WE ARE STILL PLANNING TO HAVE THE PERMITS THAT WE NEED IN HAND WITHIN 90 DAYS TO ACTUALLY START DOING THE WORK ONCE THEY'RE APPROVED.
AND SO THAT WOULD PUT, UM, THE DISMANTLING OF THE FACADE AND THE DEMOLITION OF THE BUILDING, UM, BEHIND IT, UM, HAPPENING SOMETIME IN THE SUMMER.
UM, AND SO THAT IS, THAT IS THE TIMELINE THAT WE'RE WORKING TOWARDS, UM, THAT I SAID I WOULD REPORT BACK.
UM, WE ALSO SUBMITTED TO YOU, UH, JUST SORT OF A, AN, A SHORTER VERSION OF THE PRESENTATION THAT WE GAVE AT HISTORIC LANDMARK COMMISSION, JUST SO YOU COULD KIND OF SEE THE PROGRESS THAT WE'VE MADE IN THE MEETINGS THAT WE'VE, YOU KNOW, THAT WE'VE
[01:00:01]
BEEN ATTENDING AND SORT OF UNDERSTAND THE, THE PROGRESS THAT WE'RE MAKING.UM, SO WITH THAT, I WOULD BE HAPPY TO ANSWER ANY QUESTIONS WE ARE, WE ARE HOPING TO, AGAIN, GET A CONTINUANCE ON, UM, THIS CASE, THE REST OF THIS CASE, SO THAT WE CAN COME BACK TO YOU AGAIN IN APRIL AFTER THAT WORK WITH HISTORIC LANDMARK COMMISSION AND TELL YOU WHERE WE ARE AND WHAT WE THINK, YOU KNOW, AS WE SORT OF TIGHTEN UP THAT TIMELINE AS WE MOVE FORWARD, LET YOU KNOW WHAT THAT LOOKS LIKE.
I'M HAPPY TO ANSWER ANY QUESTIONS.
AND, AND, UM, ALSO I THINK ELIZABETH ON THE LINE FROM HISTORIC, UM, CAN PROBABLY ADD SOME COLOR.
AND ACTUALLY, AND ACTUALLY, IF I COULD, THE OTHER THING I WOULD ADD IS I MENTIONED THAT THE, SOME OF THE PICTURES YOU SAW WERE FROM, BEFORE THE WORK WAS DONE.
AND I JUST WANT TO POINT OUT IN CASE ANY OF THE COMMISSIONERS, HAVEN'T HAD A CHANCE TO SEE THAT WE DID INCLUDE SOME PICTURES IN THAT PRESENTATION THAT SHOWED THE FACADES SORT OF STABILIZATION THAT WORK THAT WE DID PER YOUR DIRECTION AT THE LAST MEETING.
AND DO WE HAVE, UH, CHARLIE DORSA NAO ON THE LINE ALSO? OWNER'S REPRESENTATIVE HE'S HE'S ON OUR TEAM.
UM, YES, THEN I THINK WE WOULD LOVE TO HEAR FROM ELIZABETH BRUMMETT.
UH, GOOD EVENING COMMISSIONERS.
I'M THE MANAGER OF THE HISTORIC PRESERVATION OFFICE.
AND, UM, I WANTED TO GIVE YOU AN UPDATE ON WHAT HAPPENED AT THE, UH, HISTORIC LANDMARK COMMISSION MEETING ON MONDAY.
UM, THE HISTORIC LANDMARK COMMISSION, AS YOU'VE HEARD, VOTED TO POSTPONE A CONSIDERATION OF THIS CASE.
UM, WHAT THEY NEED TO DO IS ISSUE A CERTIFICATE OF APPROPRIATENESS FOR THE WORK THAT IS BEING PROPOSED BECAUSE TWO OF THE THREE BUILDINGS ARE DESIGNATED AS HISTORIC LANDMARKS, NINE, NINE, AND SEVEN AND NINE AND NINE ARE LANDMARKS.
UM, THERE IS SOME HESITANCY FROM SOME OF THE COMMISSIONERS REGARDING, UM, THE PROPOSED SCOPE OF WORK TO DECONSTRUCT THE BUILDINGS, STORE THE FACADES AND RECONSTRUCT THEM AS PART OF A FUTURE REDEVELOPMENT PROJECT.
UM, AS SOME OF THE COMMISSIONERS WOULD PREFER TO SEE RESTORATION IN PLACE.
SO THAT IS SOMETHING THAT I WILL BE WITH THE, UM, THE APPLICANT, UH, THE COMMISSIONERS.
UM, I THINK IT WILL BE VERY HELPFUL TO GO BACK TO THE ARCHITECTURAL REVIEW COMMITTEE MID MONTH IN APRIL WITH SOME ADDITIONAL DETAILS, UM, PARTICULARLY WITH SOME, SOME DETAILS REGARDING THE STRUCTURAL CONDITION OF THE BUILDINGS TO, UM, HELP ILLUSTRATE, UH, WHAT THE APPROPRIATE PATH HERE IS AND TO GET THE COMMISSIONERS COMFORTABLE WITH WHAT'S BEING PROPOSED.
UM, THE RECENT ADDITION OF OUR PRESERVATION ARCHITECT TO THE TEAM I BELIEVE WILL HELP IN TERMS OF FLESHING OUT THE LEVEL OF DETAIL THAT THE COMMISSIONERS ARE LOOKING TO SEE BEFORE THEY'RE COMFORTABLE SIGNING OFF ON THIS PROJECT.
AND, UM, REALLY THE FINAL POINT THAT I WOULD ADD IS, UH, THE COMMISSIONERS ARE CONCERNED ABOUT THESE BUILDINGS COMING BACK, UH, IF IT'S HIGHLY UNUSUAL OR THIS TYPE OF PROJECT, UH, TO PROCEED AT A HISTORIC LANDMARK, UH, TYPICALLY WE WOULD EXPECT TO SEE A RESTORATION IN PLACE, UH, USING THE HISTORIC MATERIALS WITHOUT DISMANTLING TO THE EXTENT THAT'S BEING PROPOSED HERE.
UH, BUT OBVIOUSLY THERE, THERE ARE SOME MITIGATING FACTORS WITH THE EXTENT OF DETERIORATION OF THESE BUILDINGS.
UM, SO I, I, UH, HOPE THAT WE'RE ABLE TO ALL WORK TOGETHER OVER THE COMING MONTH AND COME BACK TO YOU WITH A VERY DIFFERENT UPDATE, UH, FOR YOUR NEXT MEETING.
UM, ACTUALLY, BEFORE I FORGET, I'M GOING TO GO AHEAD AND ADMIT EXHIBITS STAFF EXHIBITS 13, 15, AND 17 AND 14, EIGHT THROUGH 14, I 16, EIGHT THROUGH 16 H 18 A THROUGH 18 H AND THEN WE ALSO HAVE THE OWNER EXHIBITS, UH, WHICH HOPEFULLY EVERYONE HAS BEEN ABLE TO ACCESS USING THEIR READERS.
I ACTUALLY WAS ABLE TO DOWNLOAD IT SO I COULD SEE IT TOO.
AND THE REFERENCE DOCUMENTS FROM THE HISTORIC LANDMARK COMMISSION, I THINK THAT'S EVERYTHING I NEEDED TO ADMIT.
UM, I'VE JUST A COUPLE OF QUESTIONS BEFORE I TURN IT OVER TO THE REST OF THE COMMISSION FOR QUESTIONS, MS. BRAMLETT, UH, I UNDERSTAND THE HISTORIC LANDMARK COMMISSION WAS CONCERNED ABOUT, UM, THE, UM, DEMOLISHING THE STRUCTURES, BASICALLY TAKING IT OFFSITE AND THEN REPLACED, YOU KNOW, REBUILDING THE FACADE.
I UNDERSTAND WHAT'S THE PROPOSED PLAN BACK AFTER WHATEVER STRUCTURES ARE BUILT UP BEHIND IT.
[01:05:01]
IF THIS WAS TO BE RESTORED IN PLACE, WHAT WAS THE COMMISSION'S THINKING ON HOW THIS WOULD BE A VIABLE PROJECT, EITHER IT JUST IN TERMS OF, YOU KNOW, HOW COULD THIS, HOW COULD THIS STRUCTURE ACTUALLY EVER SUPPORT ITSELF AGAIN, AND PERHAPS EVEN ECONOMICALLY, HOW COULD THAT BE A VIABLE PROJECT? YOU KNOW, WHAT WOULD, WHAT WOULD COMPEL SOMEONE TO MOVE FORWARD WITH JUST RESTORING THIS IN PLACE, SOME OF WHAT MUST BE THE MOST EXPENSIVE PROPERTY IN TOWN? SURE.UH, SO THE, THE HISTORIC LANDMARK COMMISSION DOES HAVE BINDING AUTHORITY OVER WHAT HAPPENS WITH THE TWO LANDMARK BUILDINGS IN ORDER FOR WORK TO PROCEED THERE.
UM, THERE MUST BE GRANTED THEIR CERTIFICATE OF APPROPRIATENESS FROM THE LANDMARK COMMISSION.
UM, SO, SO SOME OF THE, UM, AND MORE TYPICAL CONSIDERATIONS THAT I BELIEVE THIS BOARD WOULD CONSIDER NOT NECESSARILY AT PLAY IN THIS CASE, I WILL ADD THAT THE COMMISSION HAS APPROVED AND CONCEPT IN PRIOR YEARS, THE, UH, OVERALL DEVELOPMENT PROJECT, I BELIEVE WILL BE COMING FORWARD AGAIN, WHERE, UH, ESSENTIALLY A SETBACK ADDITION WILL BE DONE TO INCREASE THE HEIGHT AND USABLE SQUARE FOOTAGE OF THESE BUILDINGS.
SO IT'S ANTICIPATED THAT WHAT WILL, UM, IT RETURN ON THESE PARCELS IS GOING TO BE LARGER THAN WHAT'S THERE.
NOW THAT SAID, I, THE COMMISSIONERS, AND CERTAINLY THE, THE STAFF IN MY OFFICE, WE ARE NOT STRUCTURAL ENGINEERS.
AND SO I BELIEVE THAT'S REALLY THE MOST CRITICAL PIECE THAT WE NEED TO SEE AND UNDERSTAND IS WHETHER IT WOULD BE VIABLE AND FEASIBLE TO RETAIN THOSE FACADES IN PLACE WHILE THE DEVELOPMENT OCCURS BEHIND THEM, OR IF IT IS SIMPLY UNFEASIBLE AND THEY NEED TO COME DOWN IN ORDER FOR THIS PROJECT TO PROCEED AND FOR THESE BUILDINGS TO BE RETURNED TO USE.
MY CONCERN IS JUST IF IT, IF IT IS IMPOSSIBLE, YOU KNOW, FINANCIALLY OR OTHERWISE TO MAKE THE PROJECT WORK WITH WHAT THE HISTORIC LANDMARK COMMISSION IS REQUESTING, THEN I'M, I'M AFRAID THESE FACADES WILL JUST CONTINUE TO DETERIORATE AND NOTHING WILL EVER HAPPEN.
SO THAT'S, THAT'S MY POINT OF VIEW, BUT THANK YOU FOR THE FURTHER INFORMATION ON THAT.
AND THE LANDMARK COMMISSION SHARES THE CONCERN REGARDING THE CONDITION OF THESE BUILDINGS.
THEY WOULD LIKE TO SEE THIS PROJECT MOVE FORWARD.
SO WE JUST NEED TO COME TO AN AGREEMENT AS TO WHAT PATH THAT TAKES IN ORDER TO GET THEIR APPROVAL.
SO I KNOW, UH, COMMISSIONER MILLER HAD A QUESTION.
WOULD YOU LIKE TO GO AHEAD? UH, ACTUALLY IT WAS ANSWERED BY LEAH BOCCIA.
IT WAS ABOUT WHETHER OR NOT THEY HAD MADE THOSE, UM, SAFETY REPAIRS THAT WE HAD REQUESTED WITHIN THE TIMEFRAME THAT WE WERE WERE REQUESTED THEM TO BE DONE, BUT IT SOUNDS LIKE THEY WERE, I UNDERSTOOD HER RIGHT.
IS THIS INSPECTOR ADAMS? YES, IT IS.
UM, UH, SHE MENTIONED IN HER TESTIMONY THAT THE REPAIRS WERE DONE ON MARCH 10TH.
UH, I TOOK PHOTOGRAPHS OF THAT PROPERTY ON MARCH 10TH AT 2:50 PM IN THE AFTERNOON.
THE REPAIRS HAD NOT BEEN DONE ON MARCH 10TH.
I ALSO CAME BACK THE NEXT MORNING AT 10 OH THREE AND TOOK ADDITIONAL PHOTOGRAPHS.
IT HAD NOT BEEN DONE AT 10 OH THREE IN THE MORNING.
SO I'M FOUND OF, YOU KNOW, I GUESS, UH, WONDERING AT WHAT POINT ON THE ATTEMPT THAT THIS OCCUR AND THAT THEY TAKE THEM DOWN PRIOR TO 10 O'CLOCK THAT MORNING ON THE 11TH, BECAUSE THEY WEREN'T PRESENT AT 10 OH THREE ON MARCH 11TH OF 2021.
UM, IF I COULD RESPOND, UM, WE HAD A CONVERSATION TODAY WITH THE CONTRACTOR AND WHO PERFORMS THE WORK AND THAT PERSON TOLD US THAT IT WAS DONE ON THE, ON WEDNESDAY, THE 10TH.
UM, I CAN FIND OUT WE'RE WAITING FOR, FOR A RECEIPT AND DOCUMENTATION FROM HIM THAT, UM, FOR THE REQUEST OF, UM, OF THE CODE OFFICE.
AND SO, YOU KNOW, WHEN WE GET THAT, WE CAN CERTAINLY FORWARD ON MORE DETAILS, BUT, UM, THAT'S WHERE WE GOT THAT INFORMATION IS FROM THE CONTRACTOR.
WELL PROBABLY IF HE PROVIDED YOU, UH, INSUFFICIENT INFORMATION, BECAUSE IT WAS NOT DONE ON THE 10TH AND IT HADN'T BEEN DONE AT 10 O'CLOCK ON THE 11TH.
AND THE OTHER PART THAT I THINK YOU MENTIONED WAS THAT HE, THAT HE MET WITH A COLD OFFICER.
UH, HE DID NOT MEET WITH ME ON THE 10TH OR THE 11TH, AND I DIDN'T RECEIVE NOTIFICATION THAT THE WORK HAD BEEN COMPLETED UNTIL, UH, YESTERDAY, UH, MARCH 23RD.
HE LET HIM KNOW THAT THE, THAT THE CODE OFFICER THAT HE, THAT HE MET THAT HAPPENED TO BE OUT ON THE SITE AT THE TIME THAT THEY WERE OUT THERE DOING THE WORK, GAVE THEM THEIR, THEIR CARD.
AND SO WE HAVE NOT RECEIVED THAT FROM HIM YET, BUT WHEN WE RECEIVED THAT INVOICE AND THAT CONFIRMATION
[01:10:01]
OF THE DATE, WE CAN CERTAINLY FORWARD ALONG THE CONTACT INFORMATION FOR THE PERSON THAT HE SPOKE WITH WHEN HE WAS OUT THERE.BUT MY UNDERSTANDING WAS THAT THEY WERE THE, THE REPRESENTATIVE, I THINK I HEARD FROM MR.
AND SO YESTERDAY I, I WAS UNDER THE IMPRESSION FROM THE LAST MEETING AND I CERTAINLY, YOU KNOW, WE CAN GO BACK AND LOOK AT THE MINUTES, BUT I WAS UNDER THE IMPRESSION FROM THE LAST MEETING THAT, THAT Y'ALL WERE SOMEONE, WHETHER IT WAS YOU OR SOMEONE ELSE WAS GONNA, WAS GOING TO GO OUT AND CHECK ON THE 15TH DAY.
UM, SO WE DID NOT UNDERSTAND THAT WE WERE, WE WERE RESPONSIBLE FOR NOTIFYING YOU WHEN THE WORK WAS DONE.
AND WE ONLY CHECKED IN BECAUSE WE KNEW THIS MEETING WAS COMING UP AND WE WANTED TO MAKE SURE THAT EVERYTHING WAS SATISFACTORY.
UM, I'D LIKE TO ASK A QUESTION OF OUR COORDINATOR, MS. ALLIE, UH, BECAUSE I DON'T REMEMBER WHAT FUNDS DID WE HAVE TIED TO THAT COMPLIANCE WITHIN 14 DAYS OR SECURING THE FACADE? UM, WE DID HAVE, LET ME LOOK AT MY NOTES HERE, UH, IF THEY DID COME IN, IF THEY WERE NOT IN COMPLIANCE AS TODAY, UM, I HAD A NOTE ON WHAT THE BELIEVE THE PENALTY.
I DON'T HAVE THAT NOTE ON WHAT THE PENALTIES WERE.
I DID HAVE IT IN MY SCRIPT AND I TOOK IT OUT.
UM, I WOULD LIKE TO SAY PERSONALLY, I'M JUST VERY GLAD IT'S CURRENTLY IN COMPLIANCE.
UM, BUT YOU KNOW, IT, IT SOUNDS AS THOUGH THERE IS A DISPUTE OVER WHEN IT CAME INTO COMPLIANCE, WHICH CERTAINLY COULD IMPACT THE FINES.
SO IT WOULD BE IMPORTANT FOR US TO FIND OUT THE EXACT WORDING.
YES, WE DO HAVE THAT UNDER REVIEW AND WE'LL, WE'LL TAKE, WE'LL FIGURE THAT OUT TOMORROW.
UM, WE JUST, THERE WAS SHORT NOTICE, SO WE DIDN'T HAVE TIME TO GET THAT TOGETHER TODAY, BUT WE WILL, WE'RE STILL WORKING ON THAT AND, AND SPEAKING WITH, UH, UH, THE OWNER'S REPRESENTATIVES AND WE WILL GET YOU AN ANSWER.
I HAVE A COMMENT, UH, A TENDENCY TO, UH, LIE UPON STAFF, BUT THERE ARE OPTIONS OF SITUATIONS THAT IF A COMPLAINANT HAS AN ISSUE AND, UH, W W WHAT STAFF HAS FOUND, I SHARED MY HOPE.
IT HAD SOME, UH, SIGNIFICANT DOCUMENTATION THAT, UH, UH, DRIVES THAT POINT HOME.
AND, UH, THIS IS A SIDE ANDRAS AVENUE THAT NEEDS TO BE TAKEN CARE OF.
AND, YOU KNOW, I'M SORRY ABOUT HISTORIC NATURE, BUT THERE'S A SAFETY ISSUE HERE.
IF WE STARTED BACK TO NORMAL AND THE NEXT THREE TO SIX MONTHS, THIS CANNOT BE THERE.
I MEAN, THIS TYPE OF, UH, DANGEROUS SITUATION.
SO, UH, ANYTHING WE CAN DO TO CENTRALIZE THE ACCELERATION OF TAKING CARE OF THIS, I THINK WE SHOULD DROP CONSIDERED.
COMMISSIONER STILL SAID, YEAH, I, I, I WANTED TO EXPRESS A COUPLE OF CONCERNS.
I THINK I WANT TO JUST SECOND, WHAT YOU MENTIONED THE GREEN SAID, AND, UM, YOU KNOW, IN, IN PARTICULAR, UH, I MIGHT NOT RECALL THE DETAILS OF, UM, THE SPECIFICS OF WHAT WE REQUESTED AT OUR LAST MEETING, BUT THE ONE THING I DO RECALL DISTINCTLY, UM, WAS THE IDEA THAT WE WERE GOING TO ADDRESS THE LIFE SAFETY ISSUES AND THAT WE WERE GOING TO HEAR FROM INSPECTOR ADAMS AT THIS MEETING AND, AND FIND OUT IF HE WAS SATISFIED WITH WHAT HAD BEEN DONE.
AND I THINK IT, UM, YOU KNOW, I HOPE I DON'T MISCHARACTERIZE HIS TESTIMONY IN SAYING THAT I DON'T THINK HE'S SATISFIED WITH WHAT HAS BEEN DONE.
I THINK THAT LIFE SAFETY ISSUES REMAIN TO BE ADDRESSED.
AND I TAKE THAT VERY SERIOUSLY.
UM, I THINK I'M OF THE OPINION THAT, UM, YOU KNOW, FINES, UH, PERSONAL TO OUR PREVIOUS ORDER, UH, VERY LIKELY HAVE BEEN ACCRUING, UM, DURING THE INTERIM, SINCE OUR LAST MEETING AND THAT WE SHOULD, UM, YOU KNOW, AFFIRM THAT, THAT BACK TODAY, UM, A SECOND ISSUE, YOU KNOW, AFTER HEARING FROM, FROM, UM, MS. BRAHMA, UM, YOU KNOW, I, I, I, I ALSO, UM, I ALSO AM OF THE OPINION THAT WHAT, WHATEVER ELSE BE THE CASE IN TERMS OF, UH, YOU KNOW, THE AMBIT OF, UH, OF THIS COMMISSION THAT, UM, THAT, THAT IF IT, IF IT IS NECESSARY THAT THE PRESERVATION SORT OF TAKE PLACE IN PLACE, YOU KNOW, UH, THAT
[01:15:01]
THAT SHOULD BE A SEPARATE ISSUE FROM, FROM WHAT WE CONSIDER.UM, YOU KNOW, I, I GUESS, UH, YOU KNOW, I DON'T WANT TO TEE UP A CONFLICT BETWEEN OREGON'S OF CITY, GOVERNMENT.
THAT'S, THAT'S NOT WHAT I'M RECOMMENDING.
UM, NEVERTHELESS, I THINK IT'S IMPORTANT THAT WE ADDRESS WHAT'S BEFORE US AND THAT, UM, THAT WE NOT, UH, SORT OF, UH, TO USE A HACKNEYED ACNE METAPHOR, KICK THE CAN DOWN THE ROAD, YOU KNOW, THAT, UH, UH, IF THIS NEEDS TO BE BROUGHT WITHIN COMPLIANCE, YOU KNOW, WE NEED TO STAND ON OUR PREVIOUS ORDER AND REAFFIRM THE SAME.
SO, UM, I JUST WANTED TO CONTRIBUTE THAT BEFORE WE CLOSE, UH, CLOSE DISCUSSION ON THIS.
COMMISSIONER OTHER DISCUSSION COMMENTS, MOTIONS FROM THE COMMISSION.
WHAT HAS JUST BEEN SAID BY THE OTHER COMMISSIONERS? I RAISED THAT POINT INITIALLY, BECAUSE I WAS CONCERNED THAT THE WORK HAD NOT BEEN DONE WITHIN THE TIME PERIOD WE SET, AND I KNEW THAT WE HAD ADDED FINES IF THAT DIDN'T HAPPEN.
SO, UM, YEAH, I THINK WE NEED TO GET TO, TO THE BOTTOM OF THAT.
IT IS A HEALTH AND SAFETY ISSUE.
UM, AS I COULD, THIS IS THE PHOTO.
UH, I JUST, I JUST WANT TO LET YOU KNOW THAT I, I, WE WILL, WE SHOULD HAVE THAT CONFIRMATION BY TOMORROW.
LIKE I SAID, I UNFORTUNATELY, YOU KNOW, I'M RELYING ON WHAT WE WERE TOLD BY OUR CONTRACTOR, BUT, BUT AS FAR AS I UNDERSTAND, WE SHOULD HAVE CONFIRMATION TOMORROW OF EXACTLY WHEN THAT WORK WAS DONE.
AND WE'RE, OF COURSE, WE'LL BE HAPPY TO PASS, PASS THAT ALONG.
UM, AS I, AS I REMEMBER FROM THE PRIOR MEETING, UM, THAT WAS THE VERY SPECIFIC, THAT WAS VERY SPECIFIC DIRECTION TO HAVE THAT WORK DONE WITHIN TWO WEEKS TO HAVE THE FACADE SECURE, JUST TO PROTECT PEDESTRIANS WITHIN TWO WEEKS.
AND SO WE WILL BE HAPPY TO, TO CONFIRM EXACTLY WHEN THAT HAPPENED.
I THINK YOU SHOULD, AND PROBABLY YOU SHOULD BE MORE CONCERNED WITH DOCUMENTING THAT CLEARLY.
AND, UM, YOU KNOW, REALLY TONIGHT, IT, IT'S NOT REALLY UP TO US TO FORGIVE FINES TONIGHT OR DECIDE WHEN THAT DATE OF COMPLIANCE WAS, THAT'S GOING TO BE BETWEEN THE PROPERTY REPRESENTATIVES AND CITY STAFF TO HOPEFULLY COME TO AN AGREEMENT ON THAT DATE.
UM, BUT WE TONIGHT ARE MORE CONCERNED WITH THE BIGGER PICTURE WITH THIS PROPERTY.
AND WHAT ORDER, IF ANY, SHOULD WE PUT IN PLACE TO HOPEFULLY GAIN COMPLIANCE WITH CITY CODE, UH, COMMISSIONER GREEN? DID YOU HAVE A SPECIFIC QUESTION? UH, YOU'RE MUTED, MAYBE THE POINT PROPERTY OWNER NEEDS TO BE COMPLIANT AND I DON'T CARE WHAT THEY DO.
IF SOMEBODY GETS HURT, THEY'RE GOING TO BE THE ONES THAT WE POINTED.
ANYONE FROM THE COMMISSION, UM, WILLING TO MAKE A MOTION OR FURTHER DISCUSSION? THIS IS ONE COMMENT.
IT SEEMS LIKE THIS PROCESS HAS BEEN GOING ON A LONG, LONG TIME.
AND AS FAR AS KICKING THE CAN DOWN THE ROAD, I THINK THEY HAVE BECOME VERY EXPERIENCED AND VERY EFFECTIVE.
AND I THINK AT SOME POINT IT HAS TO COME TO A HALT BECAUSE AS HAS BEEN SAID SEVERAL TIMES, IT IS REALLY, REALLY GETTING DANGEROUS.
UH, I DON'T SEE ANYTHING THAT EVEN RESTORING IT MIRACULOUSLY.
I DON'T SEE THAT THAT IT'S GOING TO HAPPEN.
I THINK WE'RE GOING TO COME HERE AND JUST GET PUSHED DOWN TO NEXT MONTH AND NEXT MONTH, THE NEXT MONTH.
AND I WOULD LIKE TO FIND SOMEONE CREATIVE ENOUGH TO COME UP WITH A SOLUTION TO THAT PARK.
THANK YOU, COMMISSIONER THOMPSON, WOULD YOU LIKE TO TURN THAT INTO A MOTION? I DON'T KNOW HOW IT WAS WORTH A SHOT.
UH, I'LL GO AHEAD AND, UH, LET ME, UH, BY WAY OF INTRODUCTION, LET ME, LET ME SAY THAT.
UM, I, I THINK MY OPINION IS THAT, UH, OUR, UH, ORDER OF THE PREVIOUS MONTH VERY LIKELY ALREADY IS IN FORCE.
AND SO THAT, YOU KNOW, IN, IN, IN LIGHT OF WHAT I'VE HEARD THIS EVENING, I WOULD THINK THAT, UM, BRANDS ARE ALREADY CREWING, BUT, BUT SETTING ASIDE MY,
[01:20:01]
MY PERSONAL ATTENDANT, I'LL GO AHEAD AND JUST MOVE TO CLOSE PUBLIC DISCUSSION ON THIS MATTER IN THE DOP, UH, STATUS IS, UH, BACK IN CONCLUSIONS OF LAW, UM, UH, THE RECOMMENDED ORDER, UM, YOU KNOW, AND SO FORTH.AND, UH, AND SO I'LL GO AHEAD AND MAKE THAT MOTION NOW.
IS THERE A SECOND COMMISSIONER FERRERA? WAS THAT YOU? OH, THAT WAS JOHN.
UH, COMMISSIONER FOR ERA, DID YOU HAVE SOME, SOME, I WAS TRYING TO SECOND IT, BUT I WAS MUTED.
AND TO BE CLEAR FROM WHAT I REMEMBER ARE THE ORDER THAT WE WOULD IN PLACE LAST MONTH WAS VERY LIMITED IN SCOPE.
IT WAS JUST TO SECURE THE SOD AND, UM, YOU KNOW, IT WAS NEVER INTENDED TO ADDRESS THE ENTIRE SITUATION.
SO STAFF'S RECOMMENDED ORDER DOES ADDRESS THE ENTIRE SITUATION.
SO WOULD ANYONE LIKE TO DISCUSS FURTHER OR READY FOR ME TO CALL THE QUESTION? I'M TRYING TO FIND THE WORDING.
CAN SOMEONE JUST READ WHAT THE, OH, YES.
RICO NUMBER ONE REQUIRE THE OWNER TO COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS IN ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC STRUCTURES, INCLUDING APPROVAL FROM THE HISTORIC LANDMARK COMMISSION, IF NECESSARY, BE CORRECT.
THE CITED VIOLATIONS BY COMPLETING ALL REPAIRS TO THE STRUCTURE AND TO SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND TWO ON THE 91ST DAY, IF THE REPAIRS REQUIRED BY THIS ORDER ARE NOT COMPLETE ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REQUIRED REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTERSTELLAR CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
AND AGAIN, THAT'S FOR EACH BUILDING.
I'M NOT SURE IF I CUT SOMEONE OFF.
UM, AND I, I JUST WANT TO BE ABSOLUTELY CLEAR THAT EVERYONE UNDERSTANDS WHAT THE OWNER'S REPRESENTATIVE HAD BEEN SAYING WAS THAT KIND OF BEST CASE.
THEY WERE HOPING TO HAVE PLANS AND PERMITS IN PLACE IN THE NEXT 90 DAYS, BUT THAT IT WOULD PROBABLY BE THROUGHOUT THE SUMMER BEFORE THE, UM, STRUCTURES WOULD ACTUALLY BE EITHER DEMOLISHED OR SECURED TO A POINT WHERE THOSE VIOLATIONS WOULD BE ADDRESSED.
UNLESS THERE'S FURTHER DISCUSSION.
I'LL GO AHEAD AND CALL THE QUESTION AND I WILL TAKE A ROLL CALL FOR THIS.
SO ALL IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDER, UM, SAY I, AND THEN I'LL DO A ROLL CALL.
SO MYSELF ANDREA FREIBURGER AYE.
JAMES, BRUCE, JAMES, IF YOU'RE STILL WITH US, YOU'RE MUTED.
UH, ARE YOU IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDER? THIS IS LEAH BO JO, I'M SORRY TO INTERRUPT, BUT I'M SORRY.
WE ARE IN THE MIDDLE OF, OF VOTING RIGHT NOW ON THE STAFF'S RECOMMENDED ORDER.
UM, I DON'T BELIEVE JAMES PER IS WITH US RIGHT NOW.
ARE YOU, DO YOU WANT TO ABSTAIN ON THIS ONE? ARE YOU, DID YOU HEAR ENOUGH TO VOTE OR HEARD ENOUGH? AYE.
AND, UH, COMMISSIONER THOMPSON.
UH, JAMES
SO I BELIEVE THAT WAS EIGHT TO ZERO.
SO STAFF'S RECOMMEND RECOMMENDED ORDER, UH, IS WHAT WE HAVE JUST APPROVED.
UM, A COPY OF THIS ORDER WILL BE MAILED TO YOU
[01:25:01]
AND, UM, WE DO WISH YOU THE BEST OF LUCK AND SPEED.ARE YOU READY TO MOVE ON TO THE NEXT CASE I AM? YES.
SO WE ARE READY TO MOVE ON TO ITEM NUMBER
[5. Case Number: CL 2021-034963 Property address: 901 E Cesar Chavez Street / Owner: Kathryn A. Logue Staff presenter: Willis Adams, Austin Code Department Staff recommendation: Repair fire-damaged commercial structure]
FOUR.ITEM NUMBER FOUR ON THE AGENDA IS CASE NUMBER CL 2021 ZERO THREE FOUR NINE SIX THREE.
AND REGARD REGARDING THE PROPERTY LOCATED AT NINE OH ONE EAST SESAR CHAVEZ STREET, STAFF EXHIBITS CAN BE FOUND IN THE BLUE BOOK IN THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE WAS ESCALATED TO BSC IN NOVEMBER, 2020.
IT IS ABOUT AN UNOCCUPIED AND BOARDED COMMERCIAL PROPERTY WITH AN UNSAFE STRUCTURE WITH SUBSTANDARD CONDITIONS.
THE STRUCTURE SUFFERED FROM FIRE DAMAGE ON TWO OCCASIONS IN JUNE, 2020, AND AGAIN, IN MARCH, 2021, A CASE INVOLVING THIS PROPERTY IS PENDING IN BANKRUPTCY COURT.
THIS PROPERTY HAS A SIGNIFICANT HISTORY OF HOMELESS ACTIVITY.
THIS CASE COMES TO THE BSE AS A PRIORITY CASE DUE TO CONTINUED DETERIORATION, HOMELESS ACTIVITY, AND NO CHANGE IN STATUS SINCE IT WAS OPENED IN MAY, 2019 AND YOUR GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP.
THE NOTICE OF VIOLATION REQUIRED NOTICES OF HEARING AND POSTINGS POLICE REPORTS REGARDING VAGRANT ACTIVITY AND SEVERAL FIRE REPORTS.
EXHIBIT TWO, WHICH CONSISTS OF CODE'S PHOTOGRAPHS MARKED AS EXHIBITS TWO, A THROUGH TWO F AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY.
UH, GOOD EVENING AGAIN, COMMISSIONERS.
UH, I AM THE CODE INSPECTOR ASSIGNED TO THIS CASE AT NINE OH ONE EAST CESAR CHAVEZ.
THIS CASE WAS ACTUALLY CAME TO MY ATTENTION AS I WAS, UH, TRAVELING, UH, FROM, UH, THE WEST END OF, UH, EAST CESAR CHAVEZ HEADING EAST.
AND AS I NOTICED THAT, UH, WORK WAS BEING DONE AT THE PROPERTY, I CHECKED OUR, UH, AMANDA DATABASE, WHICH WE CHECK FOR PERMITTING AND FOUND THAT, UH, NO PERMITS HAVE BEEN ISSUED FOR ANY WORK BEING DONE.
SO I MADE A QUICK TURNAROUND AND CAME BACK AND, UH, OBSERVED THAT, UH, WORKERS WERE PRESENT.
UH, OF COURSE, AS I APPEARED, THEY, THEY ACTUALLY, UH, GOT IN THEIR VEHICLES AND THEY LEFT.
UM, THIS PROPERTY HAS HAD, UH, SIGNIFICANT, UM, STRUCTURAL ISSUES.
UH, MAINLY THE ROOFTOP WAS REMOVED AS MISS ALLIE HAS POINTED OUT.
UH, THE FIRE THAT SHE DID THAT ACTUALLY WASN'T, THE STRUCTURE WAS ACTUALLY STARTED ON THE SIDE OF THE PROPERTY ON THE SOUTH SIDE, ON NOVEMBER 2ND OF 2020.
UM, THAT PROPERTY IS FREQUENTLY, UM, I WOULD SAY ASSAULTED BY THE HOMELESS POPULATION THAT, UH, IS, UH, CONSTANTLY UNDER THE, UH, HIGHWAY AS WELL AS ALONG EAST CESAR CHAVEZ.
THE OTHER THING I LIKE TO POINT OUT IS THAT THIS PROPERTY IS IN WITHIN 900 FEET, UH, SIX TO 900 FEET OF BOTH THE LIBRARY ON, UH, EAST CESAR CHAVEZ, AS WELL AS A SCHOOL OVERALL.
UM, I BELIEVE SAN MARCUS AND HOLLY STREET, UH, EVEN THOUGH THE SCHOOL, I THINK AID AISD HAS CLOSED THE SCHOOL, THE PLAYGROUND IS STILL, UH, OPEN.
SO THERE IS, UH, UH, A RESIDENT, A RESIDENTIAL PROPERTY JUST OFF SAN MARCUS.
UM, I HAVE PHOTOS DEPICTING SOME OF THE ISSUES WITH THE PROPERTY, AS WELL AS THE, THE, UM, STRUCTURAL ISSUES, UH, THE ROOFING, UH, THE AMOUNT OF TRASH AND DEBRIS, AND ALSO THE ACTIVITY OF THE HOMELESS.
UH, THIS PROPERTY HAS BEEN ON THE RADAR OF APD, AS WELL AS THE AFD.
UM, I'M READY FOR THE PHOTOGRAPHS.
UH, THIS SHOT, UM, I WAS FORTUNATE TO, I HAVE A WORKING RELATIONSHIP WITH THE DISTRICT REP OR AUSTIN POLICE DEPARTMENT, AND THEY ACTUALLY ESCORTED ME ON THE UPPER DECK OF 35 TO GET THIS, THIS PICTURE, UH, JUST RIGHT OFF THE RAMP THERE AT, UH, CESAR CHAVEZ.
UH, AND THEN YOU CAN SEE THAT THERE IS NO ROOF ON THE LOWER SECTION OF THE BUILDING JUST BELOW THE, UH, THE COVID SIGN THERE.
UM, THERE'S JUST PLYWOOD WITH SOME BOARDS ACROSS
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IT.SO I WAS ABLE TO GET THAT PHOTOGRAPH BEFORE I CAN JUST ONLY SEE IT FROM THE GROUND.
SO THEY, UH, WE BLOCKED OFF PART OF THE HIGHWAY SO I CAN GET THAT SHOT.
UH, THEY'VE ACTUALLY TORE OFF THE, THE BOARDING THAT I'M AT.
I HAD ACTUALLY HAD THAT PUT UP BY ONE OF OUR BOYS AND SECURITY TEAMS, UH, BACK DURING THE SUMMER AND THEY RIPPED IT RIGHT OFF AGAIN, AND YOU CAN SEE THE PLYWOOD HANGING OFF PART OF THE ROOF THERE.
UH, THE ROOF FROM, UH, WEATHER, WEATHER ELEMENTS IS JUST THAT PLYWOOD.
YOU CAN ALSO SEE AGAIN, THE PLYWOOD AS WELL AS THE ELECTRICAL COMPONENTS THAT ARE EXPOSED TO THE WEATHER.
UH, THIS IS A SHOT TAKEN FROM THE NORTH SIDE OF THE PROPERTY NEAR THE REAR.
UH, THE, THE, THOSE, THE UPPER WINDOWS, THERE ARE ACTUALLY DOUBLE PAIN, BUT THE FIRST PAIN HAS BEEN BROKEN OUT ON THOSE WINDOWS.
AND YOU CAN ALSO SEE THAT THE THERE'S EXPOSURE, UH, AS THE BOTTOM WALL OF IT, UH, WEST FACING, UH, PART BELOW THOSE OTHER WINDOWS IS OPEN NEXT PHOTOGRAPH, PLEASE.
UH, THIS IS ANOTHER SHOT FROM, UH, UH, PRETTY MUCH DEPICTING THE SAME AS THE, UH, PHOTOGRAPH, UH, TO D NEXT PHOTOGRAPH, PLEASE.
UH, THEY, THEY PUT A PERIMETER FENCE AROUND THE PROPERTY, UH, BACK IN, UH, SEPTEMBER OF 2019.
AND AS YOU CAN SEE, UM, IT IS, UH, BEEN DAMAGED SEVERELY BY, UH, HOMELESS PEOPLE ENTERING THE PROPERTY.
UM, NEXT PHOTOGRAPH, PLEASE, THAT CONCLUDES MY PRESENTATION.
UM, I'M OPEN TO ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE, AND IT'S CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO F STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING REQUIRE THE OWNER TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE, TO REQUIRE THAT THE COMMERCIAL STRUCTURE REMAINED VACATED BOARDED AND SECURED UNTIL ALL REPAIRS ARE COMPLETE THREE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS THE CIVIL CIVIL PENALTY OF $1,000 PER WEEK.
THEY WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL CHAIR.
UM, I WOULD LIKE TO GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE AND TWO A THROUGH TWO F.
SO DO WE HAVE JEREMY STOLLER WITH US ON THE LINE? YES, YOU DO.
IF YOU WOULD LIKE TO GO AHEAD AND PROCEED AND PLEASE IDENTIFY YOURSELF TOO.
UM, FIRST WE SHOULD ALSO HAVE MICHAEL NERRICK FROM OUR SIDE ON THE LINE, AS WELL AS HE WAS GOING TO KIND OF SPEAK FIRST AND THEN, OH, CERTAINLY YES, YES.
UM, MICHAEL AMERICA YOU'RE WITH US.
THEN PLEASE JUST STATE YOUR NAME FOR THE RECORD AS WELL, TOO, AND THEN PROCEED.
SO MY NAME IS MICHAEL MERRICK AND, UH, I AM, I'M HERE WITH, UH, MR. STOLLER, UH, WHO WILL BE HANDLING, UM, THE Q AND A PORTION OF OUR RESPONSE, UM, AND MADAM CHAIR.
UH, I WANT TO THANK YOU AND THE OTHER, UH, MEMBERS OF THE COMMITTEE THAT ARE PRESENT FOR HAVING US HERE THIS EVENING, UM, TO BEGIN THE, THE OWNER OF RECORD THE CITY HAD FOR THIS PROPERTY WAS THE PREVIOUS OWNER CATHERINE LOGUE.
UH, BUT WE'VE BEEN, WE'VE NOTIFIED THE CITY THAT WE ARE THE OWNER, UH, AND HAD REQUESTED THAT NOTICES BE ROUTED TO US.
UH, UNFORTUNATELY, UH, WE DID NOT RECEIVE COMMUNICATION OF
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THE INCIDENT OR VIOLATION, UH, PRIOR TO IT BEING PUT ON THE AGENDA FOR TONIGHT'S MEETING.UM, THAT BEING SAID, WE ARE INDIRECT COMMUNICATION WITH THE CITY, UM, TO, UH, ADDRESS, UH, THE CONCERNS THAT HAVE BEEN RAISED AND, AND THESE PURPORTED VIOLATIONS.
UM, I ALSO WANT TO SAY WE'RE PLEASED TO HAVE A FORUM, UH, LIKE THIS, TO DISCUSS THE ONGOING ISSUES AT THE PROPERTY WITH THE CITY.
UM, UH, AS THE, THIS, THIS BODY MAY KNOW THE PROPERTY WAS FORMERLY A PAWN SHOP, UH, AND WE'VE BEEN WORKING TO LOCATE A NEW TENANT OCCUPIED BUILDING.
UH, THE PROPERTY WAS MOST RECENTLY DAMAGED FROM ARSON, WHICH I BELIEVE, UM, I BELIEVE MR. ADAMS HAD MENTIONED IN HIS, HIS PRESENTATION, UH, AND THAT, THAT, UH, ARSON OCCURRED WHEN A, A HOMELESS PERSON STARTED A FIRE IN THE BUILDING BREAKING IN, UH, AND HE WAS ARRESTED BY, UH, AUSTIN PD.
UM, WE ARE WORKING TO FIX ALL THE DAMAGE TO THE PROPERTY, AND WE'LL BE WORKING WITH THE CITY TO COMPLETE THIS, AS YOU CAN IMAGINE.
AND, AND AS, AS MR. ADAMS ALLUDED TO, IT'S BEEN VERY DIFFICULT THE LAST COUPLE OF YEARS WITH THE PROPERTY DUE TO THE DAILY ISSUES WITH, UM, THE HOMELESS POPULATION, VANDALIZING THE PROPERTY, LEAVING TRASH ON THE PROPERTY, UH, AND ATTEMPTING TO SLEEP IN THE PARKING LOT, OR BREAK INTO THE BUILDING.
UM, YOU KNOW, THE RESULTS OF THIS HAS BEEN BROKEN WINDOWS DOORS AND, AND ATTEMPTS TO DESTROY THE BUILDING ON, ON MANY OCCASIONS, OUR PROPERTY MANAGERS ARE WORKING TIRELESSLY AND HAVE BEEN WORKING TIRELESSLY TO ADDRESS THIS PROBLEM WITHOUT SUCCESS.
WHEN WE DO NOTIFY THE AUSTIN POLICE DEPARTMENT, MANY TIMES WE DO NOT RECEIVE A RESPONSE, OR WHEN WE DO RECEIVE A RESPONSE, IT IS SOMETHING IN THE NATURE OF, UH, FRUSTRATION AND EXPRESSING A SIMILAR LEVEL OF FRUSTRATION TO OURS, THAT THE DEPARTMENT IS LIMITED IN, IN HOW IT CAN RESPOND.
UM, WE'VE SPENT SEVERAL TENS OF THOUSAND DOLLARS, UH, IN REPAIRING THE DAMAGES.
UM, THE, THE RECURRING DAMAGES THAT HAVE BEEN CAUSED BY THE VANDALISM AT THE PROPERTY IN THE LAST 24 MONTHS.
UH, ADDITIONALLY, WE BUILT A FENCE AROUND THE PLACE, UM, THAT I THINK ABOUT 18 MONTHS AGO, UM, HOPING THAT IT WOULD IMPROVE THINGS.
AND UNFORTUNATELY, UH, THE, THE THING, THIS HAS BEEN BROKEN DOWN MULTIPLE TIMES, AND WE CONTINUE TO INCUR EXPENSE, UH, ATTEMPTING TO ADDRESS THE, THE ONGOING, UM, INCURSIONS ON, ONTO THE PROPERTY.
UM, AND MR. ADAMS, I BELIEVE ALSO MENTIONED THAT, THAT THERE HAVE BEEN ONGOING EFFORTS TO SECURE THE BUILDING.
AND, UM, FRANKLY IT SEEMS THAT OUR HANDS ARE TIED, UH, SINCE WE CAN'T BE MORE AGGRESSIVE TO CONTROL THE PROBLEM AND, AND THEIR APPARENT LIMITATIONS ON WHAT THE AUSTIN POLICE DEPARTMENT CAN DO TO ASSIST US AS WELL.
UM, WE'VE AUTHORIZED THE AUSTIN POLICE DEPARTMENT TO ACCESS THE PROPERTY TO ADDRESS CRIMINAL TRESPASSING.
UM, BUT THIS, THIS DOESN'T SEEM TO, UH, BE AN ADEQUATE DETERRENT, UH, FOR THE BREAK-INS AND THE VANDALISM, UM, WITH, WITH ALL OF THAT, THE QUESTION THAT WE HAVE BACK TO THE MEMBERS OF THIS BODY IS, IS WHAT HELP CAN WE HAVE, UH, FROM THE CITY AND FROM THIS BODY, UM, TO, TO GET THESE ONGOING ISSUES UNDER CONTROL.
UH, WE CERTAINLY WANT TO IMPROVE THE PROPERTY, UH, AND TO, UM, UH, CONTRIBUTE TO, UH, UH, BETTER EAST AUSTIN AND THE AREA SURROUNDING THE PROPERTY.
UM, BUT WE, WE DO, UH, WE DO REALLY, UH, COULD REALLY APPRECIATE SOME ASSISTANCE IN THAT, UM, AND, AND WANT TO, UH, MAKE THIS A COLLABORATIVE TEAM EFFORT BETWEEN US AND IN THE CITY.
UM, UNFORTUNATELY I THINK PENALIZING US FOR MAINTAINING THE PROPERTY WHEN, WHEN WE WERE ATTEMPTING TO, UM, UH, ADDRESS THE, THE ONGOING, UM, VANDALISM, UH, IT, IT CREATES AN UNDUE BURDEN FOR US AS THE PROPERTY OWNER.
UH, WE ARE WILLING TO DO OUR PART AND MAKE NO MISTAKE ABOUT THAT, UH, TO
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MAINTAIN THE PROPERTY, BUT, BUT JEEZ, WE'VE REALLY APPRECIATED AN OPEN CONVERSATION ABOUT WHAT WE CAN, HOW WE CAN GET THIS THING UNDER CONTROL, UM, UH, AND TO, TO SEE TO IT THAT, UM, UH, VANDALISM AND CRIME AT PROPERTIES THAT ARE PRIVATELY OWNED, UM, DOESN'T CONTINUE TO ESCALATE.AND WITH THAT, I, I, I YIELD TO, UM, MR. STOLLER, THANK YOU.
THANK YOU ALL FOR YOUR TIME TODAY.
AND, YOU KNOW, I'M HERE TO ANSWER ANY QUESTIONS THAT MIGHT BE HELPFUL TO THE, UH, TO THE COMMISSION.
I'LL, I'LL START WITH A COUPLE OF QUESTIONS BEFORE I TURN IT OVER TO THE CONDITIONS.
UM, LONG-TERM WHAT ARE YOUR PLANS FOR THIS PROPERTY? I MEAN, THAT'S A, THAT'S A PRIME PIECE OF REAL ESTATE, RIGHT? YES.
WE PLAN TO RETURN THE PROPERTY, UH, WITH, YOU KNOW, A NEW TENANT, AND WE'VE HAD A LOT OF PEOPLE INTERESTED IN THE PROPERTY, OBVIOUSLY, GIVEN THE AMOUNT OF HOMELESSNESS ON THE, UH, THE HIGHWAY THERE, IT'S BEEN A BIT DIFFICULT TO GET PEOPLE OUT OF THE SAME PLACES, BUT WE'RE CONFIDENT GIVEN THE GROWTH OF AUSTIN THAT WE'LL BE ABLE TO SUSTAIN, YOU KNOW, TO MAINTAIN YOUR DEBT PAY LONG-TERM TENANTS IS LOCATION.
SO WOULD YOU BE ABLE TO SIGN A LEASE WITH THE BUILDING AND THE CONDITION AS IT IS RIGHT NOW WITHOUT A ROOF, WE WOULD NEED TO MAKE THOSE REPAIRS.
DO YOU THINK THERE IS A ROOF? I THINK THERE'S SOME DAMAGE THERE, BUT YET, DO YOU THINK MAYBE THAT'S WHY YOU'RE HAVING MAYBE POSSIBLY CONTRIBUTING TO WHY YOU'RE NOT ABLE TO FIND A TENANT? I ACTUALLY THINK THAT THIS ISSUE IS THE HOMELESS POPULATION UNDERNEATH THE BRIDGE THERE, AND, AND WHAT'S GOING ON AROUND THE PROPERTY.
UM, OBVIOUSLY WE KNOW WE NEED TO ADDRESS THE ROOF REPAIRS AND INTEND TO DO SO THAT WE CAN LEAVE IT, THE PIVOTING, PICTURES, EVERYTHING THAT'S GOING ON IN THE VANDALISM, IN THE GRAFFITI, ALL AROUND THE NEIGHBORHOOD.
UM, I'M ALSO CURIOUS WHY THE CITY HAD THE WRONG CONTACT INFORMATION.
UM, I DON'T KNOW IF THIS WAS MAYBE DATING BACK TO 2019 WHEN THE CASE WAS FIRST OPENED.
UM, IT, DID YOU PURCHASE THE PROPERTY AFTER THAT TIME AND THAT'S WHY TRAVIS COUNTY APPRAISAL DISTRICT DOESN'T HAVE YOUR CONTACT INFORMATION.
OH, THIS THE FIRST TIME I RECEIVED ANY NOTICE ON THIS WAS ON FRIDAY, AND THAT'S WHEN I REACHED OUT IMMEDIATELY, UM, YOU KNOW, TO, TO THE CONTACT IN THE CITY, BECAUSE I WANTED TO UNDERSTAND WHAT WAS GOING ON BECAUSE I HADN'T RECEIVED NO IMPORTS BEFORE.
AND MY NAME IS PERSONALLY ON, ON THIS NOTICE.
SO OBVIOUSLY THE SECOND I RECEIVED THE NOTICE THAT HAD MY NAME ON IT.
I REACHED OUT TO THE SANDY AS SOON AS I RECEIVED IT.
AND YOU'RE NOW CURRENTLY LISTED WITH TRAVIS COUNTY APPRAISAL DISTRICT AS BEING THE, I MEAN, YOUR COMPANY IS NOW LISTED AS THE OWNER, OR I GUESS I'M JUST REALLY CURIOUS HOW THAT GOT MISSED.
I THINK T CAT IS ACTUALLY STILL WRONG.
WE'VE KNOWN WE'VE NOTIFIED THEM MULTIPLE TIMES, BUT I BELIEVE IT'S STILL WRONG.
I'LL TURN THIS OVER TO OTHER COMMISSIONERS FOR QUESTIONS, COMMISSIONER GREEN.
WELL, YEAH, I'VE GOT A COUPLE OF QUESTIONS.
I MEAN, FOR A INVESTMENT THAT'S BIG, YOU WOULD DONE A RISK ANALYSIS I WOULD EXPECT.
AND, YOU KNOW, WE DO HAVE A HOMELESS COPY OF, UH, ISSUE HERE IN AUSTIN KNOW, I'VE ASKED A COUPLE OF QUESTIONS.
I MEAN, WHAT'S YOUR RESPONSIBILITY.
AND THEN, UH, UH, YOU KNEW YOU WERE GOING INTO ADVENTURE BY THE AREA, OR YOU DIDN'T DO YOUR DUE DILIGENCE, ONE OF THE TWO.
SO, UM, YOU KNOW, THERE MAY HAVE BEEN SOME ISSUES THAT YOU NEED TO ADDRESS AND THAT TYPE OF THE OPERATING ENVIRONMENT, UH, AS FAR AS LIFT GIFTS.
SO, UM, MY QUESTION IS, UH, WHAT DID YOU DO? SO THANK YOU.
IT'S A, IT'S A GREAT QUESTION.
ONE, WE DO WANT TO BE COLLABORATIVE IN SOLVING THIS, I THINK TOO, THIS WAS BEFORE THE KIND OF CAMPING ORDINANCES WERE CHANGED.
SO THIS MATERIAL, THIS ISSUE, AND WHAT IS GOING ON HERE HAS GOTTEN MATERIALLY WORSE.
OBVIOUSLY WE KNOW THAT IT'S AN AREA THAT'S GENTRIFYING, BUT YOU KNOW, WHAT HAS HAPPENED UNDER THE HIGHWAYS IS TOTALLY DIFFERENT THAN WHEN WE PURCHASED THE PROPERTY.
SO WE WERE AWARE OF THE RISKS, BUT THEN NOT FORESEE, YOU KNOW, THE, THE CAMPING BAN BEING LIFTED.
AND WHAT'S HAPPENED SINCE THEN, WHAT'S YOUR RESPONSIBILITY.
WE'RE RESPONSIBLE TO WORK ON, ON THE NEIGHBORHOOD.
I MEAN, WE'RE, WE'RE OWNERS AND WE'RE RESIDENTS IN THIS COMMUNITY.
WE WANT TO, YOU KNOW, WORK TO SOLVING THE PROBLEM.
OBVIOUSLY WE GAVE EIGHT OH APD FOR ACCESS TO THE PROPERTY AND, YOU KNOW, IT'S OUR RESPONSIBILITY TO WORK WITH THE COMMUNITY TO SOLVE THE PROBLEM.
AND WE CONTINUE TO, YOU KNOW, REPAIR AND, AND TRY TO ADDRESS THE ISSUES AS QUICKLY AS THEY ARISE FROM THE HOMELESSNESS.
WE GOT A BIG ISSUE WITH THE HOMELESSNESS ABOUT, ABOUT THAT.
SO, UH, AND IT'S NOT THE HOMELESSNESS NECESSARILY.
[01:45:01]
IT'S OBVIOUSLY, YOU KNOW, THERE THERE'S A FEW BAD APPLES, OBVIOUSLY I DON'T WANT TO PUNISH EVERYONE THAT'S HOMELESS AND CATEGORIZE THEM.THERE'S JUST, YOU KNOW, THE BAD ACTORS AND THE APPLES THAT ARE, YOU KNOW, DOING THESE THINGS CONTINUALLY WELL, GOOD.
EIGHT YEARS AGO, I WAS, UH, EDUCATED ON THE BERKELEY WINDOW SYNDROME.
SO, UH, ALLIES LIKE COMMISSIONER FERRARA, DID YOU HAVE A QUESTION? YES.
AT THE BEGINNING OF THE PRESENTATION WE HEARD, UM, THAT, UH, UM, SPECTRUM ADAMS IS DRIVEN BY THE PROPERTY AND THEN RUN A CHECK AND SEEN THAT THERE WAS NO, UH, PROPER PERMIT FOR THE CONSTRUCTION WORK UNDER, THAT WAS GOING ON.
SO MY QUESTION FOR THE, UH, OWNER'S REPRESENTATIVE IS WHY, WHY WAS THERE NO PERMIT? HOW LONG HAD THE WORK BEEN TAKING PLACE WITHOUT A PERMIT? AND, AND WAS THERE INTENT TO ONE, WHEN DID THEY INTEND TO SEEK A PERMIT FOR THE WORK THAT REQUIRED ONE IN THE FIRST PLACE? THAT'S MY QUESTION.
I JUST RECEIVED THIS NOTICE, UH, THE OTHER DAY.
SO I'M NOT FAMILIAR WITH WHAT WAS GOING ON AT THAT DAY.
UM, YOU KNOW, IT'S MY UNDERSTANDING THAT THERE WAS NO MAJOR WORK BEING DONE AT THE PROPERTY.
AND IT WAS REALLY, YOU KNOW, CLEANING UP FROM THE PREVIOUS TENANTS THAT WERE IN PLACE, WHICH WAS THE, UH, THE PAWN SHOP AND THE, I THINK IT WAS THE GUNS FOR GOLD.
SO, YOU KNOW, IT WAS MY UNDERSTANDING THAT THERE WAS NO KIND OF MAJOR WORK BEING DONE THAT REQUIRED AND ANY PERMITS, UM, MS.
UM, FIRST OF ALL, WHEN I WENT TO THAT PROPERTY IN MAY OF 2019, UH, THERE WAS EXTENSIVE WORK BEING DONE.
UH, I DIDN'T HAVE TO GO INSIDE, BUT THEY HAD A ROLLAWAY DUMPSTER OUTSIDE AND THEY REMOVED DRYWALL, UH, FROM THE PROPERTY, UM, ELECTRICAL, UH, TWO BY FOURS.
UH, IT WAS ALL PILED INTO A DUMPSTER.
UM, BEFORE WE, UH, WE INVESTIGATE, UH, PROPERTIES FOR WORK WITHOUT PERMIT BEFORE WE CAN ACTUALLY ENTER A PROPERTY LIKE IT WOULD BE FOR APD.
UH, WE WOULD HAVE TO GET A SEARCH WARRANT OR GET AT LEAST PERMISSION FROM THE OWNERS.
UH, SINCE I DIDN'T HAVE THAT PERMISSION, I CAN ONLY TAKE PHOTOS OF THE OUTSIDE, UM, THAT THERE HAS BEEN CONTINUING WORK AT THAT PROPERTY EVEN AT NIGHT, UH, WITHOUT PERMIT.
UH, THERE'S ONE OF THE FIRST THINGS YOU DO WHEN YOU ACQUIRE A PROPERTY IS THAT IF YOU HAVE PLANS FOR IT, YOU CAN SUBMIT A PLAN REVIEW TO THE CITY, WHICH INDICATES THAT YOU HAVE, YOU'RE GOING TO GO FORWARD WITH SOME WORK.
UH, AND THEN AT THAT POINT, ONCE THE PLAN REVIEW IS APPROVED, THEN YOU GET YOUR PERMITS, WHETHER THERE'S ELECTRICAL, BUILDING, UH, MECHANICAL OR PLUMBING, UH, NONE OF THAT HAS EVER HAPPENED.
UH, THIS PROPERTY HAS BEEN LIKE THIS FOR TWO YEARS NOW.
UH, I WENT THERE, I, I SENT THREE NOTICES OF VIOLATION.
ALSO ONE I SENT TO MR. STOLLER.
UH, AT THAT TIME I FOUND OUT FROM A REPRESENTATIVE OF WORLD-CLASS PROPERTIES, JUST US CISNEROS, THAT HE WAS ONE OF THE, THE PARTIES, UH, THAT WAS INVOLVED WITH THE PROPERTY.
SO I SENT A NOTICE TO WORLD-CLASS PROPERTIES, UH, CARE OF JEREMY STOLLER.
SO I HAVE SENT THREE NOTICES THERE.
I ALSO MET WITH THE AUSTIN FIRE, MARSHALL
UM, AGAIN, WE WERE, I DIDN'T GET PERMISSION TO GO IN, AND SO I COULD NOT GIVE ANY TESTIMONY BASED ON WHAT WAS FOUND BY THE FIRE MARSHALL, AS WELL AS, UH, MR. JUSTICE NARROWS.
BUT I WILL SAY THAT, UM, THEY COULD SECURE THIS PROBABLY BY PUTTING A PROPER FENCE AROUND IT.
UH, THAT WOULD BE THE FIRST THING.
I MEAN, APD CAN ONLY DO SO MUCH.
THE PROPERTY OWNER IS RESPONSIBLE FOR THE PROPERTY, SO SECURE WITH A FENCE, UH, MAKE SURE THAT YOU CAN ALSO HIRE A SECURITY TO MAKE SPOT CHECKS TO MAKE SURE THAT PROPERTY IS NOT BEING COMPROMISED, WHETHER IT'S BY A HOMELESS PERSON OR BY ANYONE ELSE FOR THAT MATTER.
YES, COMMISSIONER THAT, YEAH, MADAM CHAIR.
I'M JUST AS WHAT I'M HEARING HERE.
I THINK EVERYTHING INSPECTOR ADAMS IS SAYING MAKES PERFECT SENSE.
I THINK THAT, UM, YOU KNOW, PROPER NOTICE WAS GIVEN, I THINK WHAT WE'RE HEARING FROM THE OWNER, QUITE FRANKLY, UH, DOESN'T MAKE SENSE.
AND, UM, UH, YOU KNOW, THIS TIME I'M GOING TO GO AHEAD AND TO CLOSE THE ADOPT STEP, THOSE FINDINGS OF FACT CONCLUSIONS AND RECOMMEND BORDER.
STILL STUD, IS THERE A SECOND FOR THE MOTION?
[01:50:02]
THIS JEREMY STOLLER, CAN I SPEAK SO, OR, UH, PUBLIC HEARING IS CLOSED.IF A COMMISSIONER WOULD LIKE TO ASK YOU A QUESTION, THEY, THEY ARE FREE TO DO SO, BUT THE PUBLIC HEARING IS GREAT.
I HEARD COMMISSIONER MILLER SECONDED SOMEONE ELSE TOO.
FURTHER DISCUSSION ON THE MOTION TO CALL THE QUESTION.
I'M GOING TO CALL THE QUESTION.
UM, I'LL DO THIS BY ROLL CALL AGAIN.
UH, ALL IN FAVOR OF STAFF'S RECOMMENDED ORDER.
DO WE NEED TO REREAD IT OR IS EVERYONE CLEAR ON IT? I SHOULD ASK THAT FIRST.
FIND IT AGAIN WHERE YOU READ IT, PLEASE.
STAFF REQUESTS THAT THE COMMISSION ADOPT POSE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRED THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL STRUCTURE, SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
NUMBER TWO REQUIRE THAT THE COMMERCIAL STRUCTURE REMAINED VACATED BOARDED AND SECURED UNTIL ALL REPAIRS ARE COMPLETE.
THREE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS A CIVIL PENALTY OF $1,000 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL.
IT COULD BE CLEAR THAT'S $1,000 PER WEEK.
WOULD YOU BE ABLE TO, JUST TO CONFIRM THAT THE PROPERTY OWNER WAS CORRECT ON THE EXHIBIT? NO, I'M SURE.
I THINK, I THINK THE, THE WITNESS CANADA'S OUT OF ORDER, BUT I THINK THERE'S A, THERE'S A MOTION PENDING.
I AGREE THAT THE COMMENT IS OUT OF ORDER AND THE ORDER WOULD GO WITH THE PROPERTY, NOT WITH THE OWNER, RIGHT? MR. CARR, STOP US UNLESS YOU, YOU KNOW, IF YOU BELIEVE OTHERWISE, STOP US NOW, BUT OTHERWISE WE WILL PROCEED WITH THE QUESTION.
QUESTION HAS BEEN CALLED, UM, MYSELF.
PLEASE UNMUTE YOURSELF SO WE CAN HEAR IT.
I THANK YOU, JAMES, BRUCE, DANIEL, JAMES PEARSON.
YOU, IF YOU'RE ABLE TO UNMUTE YOURSELF, PLEASE DO.
MISSIONER ABILA COMMISSIONER STO STAD COMMISSIONER THOMPSON, COMMISSIONER THOMPSON.
YOU STILL WITH US HERE? CAN YOU HEAR ME? I CAN HEAR YOU NOW.
AND COMMISSIONER BRUCE ANO WE STILL HAVE NOT HEARD FROM YOU.
UM, IF YOU'RE STILL WITH US, LET US KNOW.
I'M SEEING SEVEN IN FAVOR, ZERO AGAINST.
AND, UH, I'M GOING TO ASSUME JAMES
UM, THANK YOU, MR. STOLLER AND MR. MERRICK FOR TALKING WITH US THIS EVENING, A COPY OF THE ORDER WILL BE MAILED TO YOU AND, UH, WE WISH YOU THE BEST OF LUCK.
UH, MS. ALLIE, IF WE ARE READY FOR ITEM NUMBER FIVE, I AM GOING TO RECUSE MYSELF ON THIS.
OH, I WILL TURN IT OVER TO OUR VICE CHAIR.
[6. Case Number: CL 2019-223860 Property address: 1516 Burton Drive aka 1601 Royal Crest Drive aka Solaris Apartments -Buildings B-2 (Retaining Wall) / Owner: Owner: Canyon Oaks, LP Staff presenter: Justin Brummer, Austin Code Department Previous Commission action: BSC order issued for repair on December 12, 2019 Staff recommendation: Affirm the civil penalty, or in the alternative, if the penalty amount is to be reduced, allow 30 days to pay the civil penalty in full at the reduced amount and reinstate the unpaid portion of the original penalty amount after the 30th day]
FIVE.ON THE AGENDA CASE NUMBER CL 2019 TWO TWO THREE EIGHT SIX ZERO IS REGARDING 1516 BURTON DRIVE BUILDING TWO RETAINING WALL.
THIS IS A MULTIFAMILY PROPERTY ALSO KNOWN AS 69 OH ONE ROYAL CREST DRIVE, AND
[01:55:01]
IS ALSO KNOWN AS THE SOLARIS APARTMENTS.THIS CASE IS RETURNING TONIGHT AT THE REQUEST OF THE OWNER FOR PENALTY RELIEF, REFERENCE DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOLD BOOK IN THE GOOGLE DRIVE FOLDER.
THIS PROPERTY HAS BEEN IN THE REPEAT OFFENDER PROGRAM SINCE THE BEGINNING OF 2014.
WHEN THE PROGRAM FIRST BEGAN, THIS CASE WAS HEARD IN DECEMBER OF 2019, ALONG WITH THREE OTHER CASES CONCERNING THIS PROPERTY, THE BSC ISSUED AN ORDER FOR REPAIR WITHIN 90 DAYS IN THE DECEMBER MEETING COMPLIANCE WAS MET IN SEPTEMBER, 2020.
THE PENALTIES ACCRUED AS OF TODAY'S DATE, INCLUDING INTEREST TOTAL 27, $203 AND 13 CENTS.
TONIGHT, THERE ARE NO EXHIBITS TO PRESENT IN YOUR GOOGLE DRIVE FOLDER.
YOU'LL FIND REFERENCE DOCUMENTS, WHICH INCLUDE AN UPDATED COMPLAINANT'S CASE HISTORY, THE REQUIRED NOTICES FOR TIGHTS HEARING AND POSTINGS COPIES OF THE DECEMBER 12TH, 2019 ORDER AND CURRENT PENALTY STATEMENT PRE AND POST COMPLIANCE PHOTOS.
AUSTIN CODE SUPERVISOR, JUSTIN BRUMMER IS HERE TONIGHT TO DISCUSS THE EVENTS THAT LED TOWARDS COMPLIANCE AND TO SHOW YOU SOME PRE AND POST COMPLIANCE PHOTOS OF THE PROPERTY, SUPERVISOR BRUMMER, PLEASE BEGIN YOUR TESTIMONY.
I DON'T SEE A VIDEO BUTTON, BUT I'LL JUST, UH, GO AHEAD AND, UM, GO AHEAD WITH THE, UH, JUST WITH A BRIEF SUMMARY.
MADAM CHAIR AND COMMISSIONERS.
I'M THE INTERN SUPERVISOR WITH THE REPEAT OFFENDER DIVISION.
I'LL BE PROVIDING A BRIEF SUMMARY ON THE CASE HISTORY FOR THE SLURS DEPARTMENTS.
THE CASE WAS CREATED IN AUGUST OF 2019.
THIS CASE WAS HEARD BEFORE THE COMMISSION ON DECEMBER 12 TO 2019, AN ORDER WAS ISSUED GIVEN THE OWNER 90 DAYS TO MAKE REPAIRS.
AND ON THE 91ST DAY, A FINE OF A THOUSAND DOLLARS PER WEEK WOULD BE ASSESSED.
THE BUILDING PERMIT FOR THE RETAINING WALL WAS APPROVED AND ISSUED ON FEBRUARY 27TH OF 2020, AND FINALIZED SEPTEMBER 15TH OF 2020.
I WILL BE PRESENTING BEFORE AND AFTER PHOTOS FOR THE REPAIRS ON THE FIRST PHOTO YOU CAN SEE WITH THIS IS JUST A REPRESENT THAT IT'S BUILDING TO NEXT SLIDE, PLEASE.
IN THIS PHOTO, YOU CAN SEE THE, UH, CRACKS IN THE, UH, LOOSE BRICKS ON THE RETAINING WALL, UM, RIGHT NEXT TO THE STAIRCASE.
UM, THIS IS JUST ANOTHER AREA OF THE RETAINING WALL, WHERE THERE WAS DAMAGE AND THE ROCKS.
AND, UM, THERE WAS A ROJAN NEXT PHOTO PLACE HERE.
YOU CAN SEE UNDERNEATH THE US.
THERE'S THE EXTENT OF THE CRACK AND CRACKING DOWN TO THE BASE OF THE, UH, RETAINING WALL.
UH, THIS PHOTO IS JUST SHOWING, UH, THIS IS HERE AGAIN, BUILDING TO NEXT PHOTO.
UH, HERE'S A SHOT FROM, UH, UH, JUST A LITTLE WAYS, WAY TO GET THE WHOLE SECTION, THE RETAINING WALL WE WERE LOOKING AT BEFORE.
AND YOU CAN SEE THAT THE, UH, ALL THE STONE MASONRY WORK IS A REDONE AND CORRECTED NEXT PHOTO, PLEASE.
AND HERE'S A SH JUST A SHOP FROM A LITTLE FURTHER AWAY SHOWING THAT CORNER AND A LITTLE MORE GENERAL AREA.
AND THAT COMPLETES THE PHOTOS.
AND I CAN ANSWER ANY QUESTIONS.
WE HAVE A RECOMMENDED RECOMMENDATION.
STAFF ASKS THE COMMISSION TO ADMIT STAFF REFERENCE DOCS, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
STAFF ALSO REQUESTS THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE AFFIRM THE CIVIL PENALTY PREVIOUSLY ASSESSED IN THE DECEMBER 12, 2019 ORDER TRV 2020 ZERO EIGHT THREE SEVEN THREE, WHICH AS OF
[02:00:01]
TODAY'S DATE TOTALS $27,203 AND 13 CENTS, INCLUDING INTEREST OR IN THE ALTERNATIVE.IF THE PENALTY AMOUNT IS REDUCED, ALLOW 30 DAYS TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT AND THREE ON THE 31ST DAY FROM THE DATE, THE ORDER IS MAILED.
IF THE CIVIL PENALTY HAS NOT BEEN PAID IN FULL AT THE REDUCED AMOUNT, REINSTATE THE UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNT INTEREST SHALL ACCRUE SHALL CONTINUE TO ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL CHAIR.
YEAH, YOU CAN HEAR ME, RIGHT? YES.
THE PHOTOS THAT WE HAVE, OR AS EXHIBITS OR PHOTOS AT TWO 82, I OR PRE AND POST, UH, COMPLIANCE PHOTOS, THIS IS, UH, THIS HEARING IS FOR COMPLIANCE OR FOR, I KNOW, BUT, BUT, BUT ARE THE PHOTOS BEING AT, UH, OFFERED AS EVIDENCE THERE THEY'RE NONE.
WELL, THEY, THEY CAN BE ADMITTED, BUT THE REFERENCE DOCUMENTS, THEY'RE NOT MARKED AS THEY'RE JUST MARKED AS REFERENCE DOCUMENTS.
WELL THEN THAT'D BE IN THE CASE.
MEETING EVIDENCE IS THE RECOMMENDED ORDERS BY STAFF.
UH, WE HAVE TWO REPRESENTATIVES FROM THE OWNERS, I BELIEVE AN ATTORNEY AND, UH, IT'S SANDRA, UH, SHAMBA MUNDANE, A CLARA LAO, UH, WHO WAS TO GO FIRST? YES.
UM, CLARA PLYO IS ALSO ON THE LINE.
UM, WE DID SUBMIT A SHORT PRESENTATION.
I, I BELIEVE YOU GUYS SHOULD HAVE RECEIVED IT OTHERWISE.
I'LL BE SAYING EVERYTHING VERBALLY REGARDLESS.
UM, SO AGAIN, MY NAME IS CASSANDRA SHAM.
I'M WITH THE MCCALSKY LAW FIRM.
I'M HERE TODAY ON BEHALF OF CANYON OAKS LP.
THEY ARE THE OWNER OF SOLARIS DEPARTMENT.
UM, AS I MENTIONED, CLARA POLIO IS ALSO ON THE LINE.
SHE'S THE REGIONAL MANAGER FOR THE PROPERTY BRIEFLY ABOUT THE PROPERTY.
IT'S A VERY LARGE 562 UNIT APARTMENT COMMUNITY OFF OF EAST RIVERSIDE IN DISTRICT THREE.
SOLARIS IS A COMMUNITY LEADER IN LOW INCOME HOUSING, POLARIS RESERVES, 67% OF ITS UNITS TO LOW-INCOME TENANTS.
SO THAT IS 379 OF ITS 562 UNITS THAT ARE RESERVED TO LOW-INCOME TENANTS.
UH, REGARDING THE VIOLATION IN DECEMBER, 2019, SOLARIS WAS ORDERED TO MAKE THE, UH, REPAIR THE CODE VIOLATIONS.
AC THE SCOPE OF REPAIRS WAS SENT TO CODE IN EARLY FEBRUARY, AND THE REPAIRS WERE MADE PER THAT SCOPE IN FEBRUARY AND MARCH, 2020 AT A COST OF, UH, APPROXIMATELY $35,000.
AT THIS POINT IN MARCH, 2020 SOLARIS BELIEVED THEY HAD REMEDIATED THE VIOLATION AND THAT EVERYTHING WAS ALL SET.
UM, AS YOU KNOW, MARCH, 2020 WAS RIGHT WHEN THE COVID PANDEMIC STARTED, IT WAS EXTREMELY CHAOTIC IN THE MULTIFAMILY INDUSTRY, AS FAR AS FIGURING OUT HOW TO PROTECT STAFF AND RESIDENTS.
YOU USBS IS REALLY CONSISTENT ABOUT DELIVERING MAIL.
I KNOW THE BFC HAD A MARCH AND APRIL, 2020 MEETINGS CANCELED.
THE BUILDING PERMITTING OFFICE WAS CLOSED TO THE PUBLIC AND WORKING VERY SLOWLY.
SOLARIS DID NOT ACTUALLY HEAR BACK FROM CODE ABOUT THIS VIOLATION UNTIL AUGUST, 2020.
AT THAT POINT IN TIME, UM, COLD REQUESTED ADDITIONAL REPAIRS THAT WERE OUTSIDE OF THE SCOPE THAT HAD BEEN SENT TO THEM TO BE MADE SOLARIS PROMPTLY MADE THOSE REPAIRS.
UM, BUT BY THE TIME ALL WAS SAID AND DONE, THE 25,000 PLUS IN PENALTIES HAD ACCRUED.
UM, AND AGAIN, IN AUGUST, 2020, THEY RECEIVED A NOTICE THAT WAS DATED FROM JULY, UM, THAT REFERRED TO A FOLLOW-UP INSPECTION THAT REQUIRED ADDITIONAL REPAIRS, BUT THAT WAS THE FIRST TIME THAT THEY HAD HEARD FROM CODE ABOUT THIS SPECIFIC VIOLATION, NOT BEING REMEDIATED.
SO THAT IS KIND OF WHY IT TOOK SO LONG.
THEY TRIED TO WORK AS QUICKLY AS THEY COULD.
UM, YOU KNOW, AS SOON AS THEY FOUND OUT THAT THERE WERE THESE EXTRA ITEMS THAT WE NEEDED.
UM, FINALLY AGAIN, SOLARIS HAS HAD A LONG IT'S PLAYED OVER THE LAST YEAR AND HAS WORKED HARD TO KEEP THE PROPERTY AS SAFE AS POSSIBLE FOR ITS RESIDENTS.
AND SO THERE'S JUST DECADES TO IMPROVING THE PROPERTY AND WORKING WITH CODE IN 2020 ALONE FILLER SPENT AROUND $390,000 MAKING HEALTH AND SAFETY OF YOUR PARENTS TO THE PROPERTY IN COOPERATION WITH CODE AGAINST HILARIOUS RESERVES, 67% OF ITS 552 UNITS.
THE LOW-INCOME TENNIS SOLARIS IS ASKING THE BSB TO REDUCE OR FORGIVE THE PENALTIES, WHICH ARE NOW AT $27,203,
[02:05:03]
INCLUDING INTERESTS.THIS MONEY CAN CERTAINLY BE SPENT TOWARDS MAKING ADDITIONAL IMPROVEMENTS TO THE PROPERTY.
AND THAT'S ALL I HAVE FOR YOU GUYS.
THIS THING IS GETTING MUTED BY ITSELF.
LET, LET ME ASK YOU A QUESTION OF, UH, UH, OF, UH, UH, OF YOU MA'AM, UH, BEFORE WE MOVE ON TO THE NEXT SPEAKER, THE, UH, THE AMOUNT THAT YOU HAVE SPENT ON, UH, THE, UH, REPAIRS, UH, DO YOU, DID YOU PRESENT WITH CHEATS TO, UH, STAFF OR TO THE, UH, CODE ENFORCER WHO WAS LOOKING AT THE PROPERTY? SO, UM, I REFERRED TO TWO NUMBERS IN HERE JUST TO MAKE SURE THAT THAT'S STRAIGHT, THERE WAS 35,000, ROUGHLY THAT WAS SPENT BACK IN FEBRUARY, MARCH, UM, ON THE SCOPE, YOU KNOW, TO MAKE THE REPAIRS.
AND THEN THERE WAS ALSO, I RE REFERENCED A $390,000 AMOUNT, WHICH, UM, CODE WAS A PRIZED UP, BUT THAT INCLUDED OTHER ISSUES ON THE PROPERTY, NOT JUST THIS ONE VIOLATION.
MY QUESTION IS THAT YOU HAVE RECEIPTS THAT YOU PRESENT RECEIPTS ON YOUR EXPENDITURES, CLARA.
YES, WE DO HAVE THOSE RECEIPTS.
SO WE'D BE MORE THAN HAPPY TO PRESENT THAT TO CODE W WHERE THEY PRETEND THEY'VE BEEN PRESENTED ALREADY.
I DON'T KNOW IF THEY HAVEN'T BEEN, I DON'T THINK THEY'VE EVER ASKED US FOR RECEIPTS, YOU KNOW, TO JUST SHOW AMOUNTS FENCE.
UM, SO WE'D BE MORE THAN HAPPY TO PRESENT ANY RECEIPTS AS FAR AS, UM, ANY IMPROVEMENTS TO THE PROPERTY AND ANY INVOICES FROM, UM, CONTRACTORS THAT WORKED AT THE PROPERTY AS WELL.
IS THAT ALL YOU HAVE TO SAY? UM, I DO WANT TO GO AHEAD AND JUST EMPHASIZE THE FACT THAT WHEN CODE OFFICER OR FORMER COURT OFFICER ASSIGNED TO THE PROPERTY, UM, ASKED FOR THE SCOPE OF WORK.
UH, I SENT IT TO HER ON FEBRUARY 5TH, UM, AND SHE DID NOT REPLY BACK, UM, ASKED ME TO BRING ADDITIONAL WORK THAT WORK WAS COMPLETED.
AND IT WASN'T UNTIL AUGUST THAT WE FOUND OUT THAT THERE WAS ADDITIONAL WORK REQUIRED BY CODE AND WITH COMPLETELY PROMPTLY.
UM, BUT AGAIN, WE PRESENTED THE PLAN FROM THE ENGINEER TO OUR FORMER COURT OFFICER ON FEBRUARY 5TH.
AND SHE DID NOT ADD ANY ADDITIONAL WORK AT THAT TIME.
QUESTIONS FROM STAFF COMMISSIONERS? ANY QUESTIONS I'M HERE? YES.
UH, WHAT IS YOUR CURRENT, UM, PERCENTAGE OF, UM, THE, UH, SUB, UM, UH, THE, THE LEAST THE LESS EXPENSIVE APARTMENTS? WHAT PERCENTAGE ARE THEY NOW? SO THIS IS SPECIFIC THAT WE HAVE IS THAT, UH, FLOURISH RESERVES 67% OF ITS 562 UNITS TO LOW-INCOME TENANTS.
SO THAT'S 379 OF ITS 562 UNITS.
UM, I'D LIKE TO ASK A FOLLOW-UP QUESTION THERE.
UH, ISN'T THERE A PLAN FOR REDEVELOPMENT OF THIS SITE AND ARE HOW MANY UNITS WILL BE AFFORDABLE AFTER THAT HAPPENS? I DO NOT KNOW OF ANY INSTANT PLANS FOR REDEVELOPMENT OF THIS PARTICULAR PROPERTY.
UM, I KNOW THAT THAT GENERALLY THAT AREA IS IN TALKS ABOUT REDEVELOPMENT.
I DON'T KNOW HOW FAR ANY OF THOSE THINGS HAVE GONE.
I DON'T KNOW WHICH SPECIFIC PROPERTIES THEY'RE GOING TO BE INVOLVED.
I DON'T HAVE THAT INFO AS FAR AS I KNOW THAT PROPERTY IS LEASED WITH, WITH TENANTS THAT, YOU KNOW, AS NORMAL, THE CURRENT, UH, THE UNITS THAT YOU CITE AS CURRENTLY AFFORDABLE, ARE THEY UNDER SOME SORT OF A RESTRICTION TO REMAIN AFFORDABLE INTO THE FUTURE? AND IF SO, FOR HOW LONG, YOU KNOW, I USED TO HAVE THIS INFORMATION, BUT I BELIEVE THAT PART OF THE PROGRAM THAT THEY'RE INVOLVED IN IS, UH, LIKE A SEVERAL YEAR COMMITMENT GOING INTO THE FUTURE.
A QUESTION FOR MS. SHAMBA, UM, AND MENTIONED, I'M JUST,
[02:10:01]
UH, DOES YOUR CLIENT PARTICIPATE IN THE L H D C OR LOW-INCOME HOUSING TAX CREDIT PROGRAM THAT, UH, UM, YOU KNOW, THROUGH, THROUGH, UH, THAT THAT SORT OF SUBSIDIZES THE PROVISION OF, UH, LOW COST HOUSING, TO YOUR KNOWLEDGE? TO MY KNOWLEDGE, I KNOW THEY'RE PARTICIPATING IN, THIS IS MY PERSONAL KNOWLEDGE, UH, THAT THEY'RE PARTICIPATING IN SOME SUMMER PROGRAM.I DON'T THINK IT'S THAT SPECIFIC ONE THAT YOU'VE NAMED, BUT I KNOW THEY'RE INVOLVED IN SOME PROGRAM.
IN OTHER WORDS, THEIR, OF LOW-COST HOUSING IS NOT THIS SORT OF SPEAK CHARITABLE OR
I JUST, I JUST WANT TO MAKE SURE WE'RE CLEAR, BUT, UH, TH I WITHDRAW THAT THAT'S OKAY.
UH, THANK YOU, MS. CHAMBERLAIN.
THANK YOU, MR. CHAIRMAN COMMISSIONERS.
ANY OTHER QUESTIONS? THERE'LL BE NO MORE QUESTIONS.
COMMISSIONER IS, IS THERE ANYBODY WHO, UH, IN THE COMMISSIONER WILL FEEL THAT, UM, REDUCTION IN PENALTIES SHOULD BE CONSIDERED? AND IF SO, IN WHAT AMOUNT? UH, I DO NOT FEEL THAT WE SHOULD REDUCE THE PENALTIES, NOT AT THIS POINT THOUGH.
IS THERE A MOTION TO, UH, TO THAT EFFECT THAT, UH, THE, UH,
I'LL MAKE A MOTION THAT WE ADOPT THE STAFF'S RECOMMENDATION AND OUR, OR THAT WE CAN, THAT WE CONTINUE THE RECOMMENDATION AND NOT REDUCE THE PENALTIES.
I'LL SECOND THAT THIS IS MS. CARR ASSISTANT CITY ATTORNEY.
UM, JUST TO BE CLEAR, STAFF PRESENTED ALTERNATIVES FOR YOU, EITHER, YOU KNOW, AFFIRM THE PENALTY OR IN THE ALTERNATIVE, IF YOU REDUCE IT AND ALLOW 30 DAYS TO PAY IT.
SO IF YOU ARE, I GUESS, MAKING A MOTION OPTION ONE, WHICH IS THE, FROM THE PENALTY.
THANK YOU FOR THE CLARIFICATION.
AND, AND THE MOTION WOULD ALSO ALLOW 38, YOU PAID, OR WAS THAT TO BE PAID IMMEDIATELY, AS FAR AS THE RECOMMENDED ORDER? I SEE IT IS, UH, UH, ON THE 31ST DAY FROM THE DAY THAT ORDERS MAIL IS A SEALED PENALTY, HAS NOT BEEN PAID IN FULL AT THE RE UH, ANY CHECKS AT THE REDUCED AMOUNT, OR WE TALKING ALSO IF NOT PAID IN FULL IT AT THE FULL AMOUNT.
SO THE WAY I UNDERSTAND THE ORDER IS IF YOU, THE PENALTY, THE PENALTY STAYS AND THEN THE INTEREST CONTINUES TO ACCRUE IN THE ALTERNATIVE.
IF YOU REDUCE THE PENALTY, THEN 30 DAYS ARE PROVIDED TO PAY THAT PENALTY.
UM, AND ON THE 31ST DAY, THE REST OF THE PENALTY IS RESTORED.
SO THAT NUMBER TWO, AND NUMBER THREE ONLY APPLIES IF YOU REDUCE THE PENALTY.
WELL, WITH THAT CLARIFICATION IN MIND, UH, IS YOUR EMOTION, UH, UH, TO DO STEP NUMBER ONE ON THE RECOMMENDED ORDER? OKAY.
AND, UH, STEP NUMBER TWO SAYS REQUIRE THAT THE COMMERCIAL STRUCTURE REMAIN VACATED BOARD OF UNSECURED UNTIL ALL REPAIRS ARE COMPLETE.
AM I READING THE SAME THING THAT YOU'RE TALKING ABOUT? NO.
CAN I READ IT TO YOU AGAIN? GO AHEAD.
SO NUMBER ONE IS AFFIRM FROM THE CIVIL PENALTY PREVIOUSLY ASSESSED IN THE DECEMBER, 2012, 2019 ORDER TRV 2020 ZERO ZERO ZERO EIGHT THREE SEVEN THREE, WHICH AS OF TODAY'S DATE IS $27,203 13 CENTS, INCLUDING INTEREST OR IN THE ALTERNATIVE.
IF THE PENALTY AMOUNT IS REDUCED, REDUCED, ALLOW 30 DAYS
[02:15:01]
TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT OR, AND ON THE 31ST DAY FROM THE DATE, THE ORDER IS MAILED.IF THE CIVIL PENALTY HAS NOT BEEN PAID IN FULL AT THE REDUCED AMOUNT, REINSTATE THE ANS UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNT AND INTEREST WOULD BEGIN TO ACCRUE AGAIN AT THE RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
SO I AM RECOMMENDING 0.1, AFFIRM THE CIVIL PENALTY PREVIOUSLY ASSESSED IN THE DECEMBER, 1220 19 ORDER.
UM, WHICH AS OF TODAY'S DATE IS $27,203 AND 13 CENTS, INCLUDING INTEREST, UH, COOK COMMISSIONER MILLER.
MY, MY, MY UNDERSTANDING IS THAT YOU ARE MAKING A MOTION TO THAT EFFECT, CORRECT? YES.
I'M MAKING A MOTION THAT WE ADOPT STAFF'S RECOMMENDATION NUMBER ONE.
IS THERE A SECOND TO THAT MOTION? UH, BUT WE HAD NOT CLARIFIED IT.
SO, SO CAN WE HAVE THAT SECOND AGAIN? COMMISSIONERS? SORRY, SECOND.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING ALSO? YES.
I, I ALSO MOVED THAT WE CLOSED.
I CALL THE QUESTION AND LET ME GO AHEAD AND HEAR FROM YOU COMMISSIONER THE, ON YOUR BLOOD ON THIS MATTER.
LET ME SEE, WE'VE GOT A COMMISSIONER, A STOCK SET.
UH, HOW DO YOU VOTE ON THIS MOTION? COMMISSIONER MILLER.
HI, COMMISSIONER GREEN COMMISSIONER RUMP.
COMMISSIONER
AND I, I VOTE IN FAVOR OF THE, A, OF THE MOTION.
AND THEN, UH, MR.
I THINK THAT'S ONLY FIVE AFFIRMATIVE UNLESS WE HEAR FROM COMMISSIONER PERCENT.
UH, UH, I THINK COMMISSIONER RESEND MAY HAVE STEPPED OUT OF THE MEETING HAS ALREADY MISSED ABOUT THREE VOTES ALREADY.
SO, UH, DO WE HAVE ANY OTHER COMMISSIONERS HAVE NOT VOTED OTHER THAN COMMISSIONER
SO I GUESS THE, UM, ACCORDING TO OUR RULES AND REGULATIONS, THE, UH, MOTION DOES NOT CARRY.
SO HOW DOES THAT LEAVE THINGS THEN? UH, MR. CARR, I THINK YOU MADE IT, UH, I BELIEVE WAS JUST RECOUNTING.
I BELIEVE HE LIVES THE ORDER IN PLACE.
THE ORDER HAS ALREADY BEEN ISSUED, AND ACTUALLY WE HAVE HAD A VOTE TO REDUCE THE AMOUNT.
IT WOULDN'T HAVE CARED IF IT WAS SIX IN ONE,
[02:20:01]
UH, AND SHE'S, AND THE MOTION WAS TO KEEP 0.1, BUT WHEN ONE HAS ALREADY BEEN ISSUED.SO TO ME, UH, UH, MR. CARR, I BELIEVE THE, UH, THE ORDER STAGING PRICE, CORRECT? THAT'S CORRECT.
UM, THE PROPERTY OWNER APPEALED, OR THEY ASKED FOR, UM, THINGS IN APPEAL, BUT THEY ASKED FOR THE CASE TO COME BACK AND YOU HAVEN'T MADE ANY DECISION ON IT.
SO IT STAYS AS IS, UNLESS WE GET THAT SIX BOAT, WHAT IS
SO IN ESSENCE, WE DIDN'T HAVE TO TAKE A VOTE ON, ON 0.1.
SO THE, UM, AGENDA ITEM IS, IS FINISHED, WHICH TURN, YOU KNOW, UH, WE'LL TURN THE MEETING OVER TO, UM, THE CHAIR.
SO, UH, COORDINATOR ALLIE, WE'RE ON ITEM NUMBER SIX, WHICH
[7. Discussion regarding the FY 2021-22 budget process]
IS DISCUSSION REGARDING THE FISCAL YEAR 20 2122 BUDGET PROCESS.UM, AT LAST MONTH'S MEETING, THIS ITEM WAS BRIEFLY DISCUSSED AND CONTINUED FOR FURTHER DISCUSSION THIS MONTH.
AND AGAIN, IF I CAN READ A SECTION OF THE MEMO YOU RECEIVED FROM DIANE SILER, THE CITY'S INTERIM BUDGET OFFICER REGARDING THE BUDGET PROCESSING CALENDAR, SHE'S QUOTE, DUE TO CON FINANCIAL CONSTRAINTS FROM COVID-19 COUPLED WITH THE 3.5 PROPERTY TAX REVENUE CAP, THE FYI 2021 BUDGET DEVELOPMENT PROCESS WILL FOCUS ON MAINTAINING EXISTING SERVICES WITH THESE CONSTRAINTS.
IN MIND, WE ENCOURAGE BOARDS AND COMMISSIONS TO PROVIDE FEEDBACK ON THE EFFICACY, EFFICIENCY, EQUITY, AND EFFECTIVENESS OF THE CITY'S EXISTING SERVICES AND PROGRAMS. AND THEN RECOMMENDATIONS SHOULD BE SUBMITTED TO THE CITY CLERK NO LATER THAN APRIL 9TH, 2021, UH, DEPARTMENT BUDGETS ARE DUE TO THE BUDGET OFFICE ON MAY 7TH, AND THEY WILL HOARD THE BUDGET OFFICE WILL COORDINATE WITH CITY DEPARTMENTS TO REVIEW RECOMMENDATIONS PASSED BY THE BOARDS AND COMMISSIONS.
UM, THE, ALSO THE FINANCE DEPARTMENT ALSO OFFERED TO CREATE A TEMPLATE THAT YOU HAD ASKED ME FOR LAST MONTH.
AND I REQUESTED THAT FROM THE FINANCE DEPARTMENT AND ALL THAT I WAS PROVIDED WITH WAS A, BASICALLY A RECOMMENDATION THAT SOMEONE MADE LAST YEAR.
AND I CAN SHOW THAT TO YOU ON THE SCREEN, IF YOU'D LIKE TO SEE IT, JUST WHAT THE FORMAT LOOKS LIKE, BUT I DIDN'T, THEY DID NOT REALLY PROVIDE ME WITH A TEMPLATE AND, UH, OTHERWISE IT'S UP, YOU KNOW, I'M GOING TO LEAVE IT TO YOU TO DISCUSS, AND IF YOU WANT TO MAKE A RECOMMENDATION, THEN WE'LL TAKE IT FROM THERE.
AND I WAS ABLE TO FIND THE, THE EXAMPLE IN OUR READERS.
I DON'T KNOW IF EVERYONE ELSE WAS ABLE TO FIND IT TOO.
I DO HAVE IT WHERE I CAN PUT IT ON THE SCREEN TOO, IF YOU'D LIKE TO SEE THAT.
SO IT, IT MIGHT BE THAT OUR HANDS ARE TIED AND THERE'S NOT REALLY A LOT THAT WE COULD RECOMMEND, BUT, UM, I WOULD CERTAINLY LIKE TO HEAR FROM THE OTHER COMMISSIONERS, IF THERE ARE, YOU KNOW, BOTH COMMENTS ABOUT HOW THINGS ARE CURRENTLY WORKING IN THE CODE DEPARTMENT, OR IF THERE ARE AREAS THAT, THAT YOU BELIEVE COULD BENEFIT FROM SOME ATTENTION IN THE BUDGET.
UM, ANY THOUGHTS, ANYONE? YEAH, THIS IS, UH, MR. GREEN, I THINK, UH, TOLD ME TO HAVE OUR REPORT AND, UH, UH, CONSIDERABLE INVESTMENT MOVING FORWARD.
UM, WHAT I'VE SEEN OVER THE LAST EIGHT YEARS, UH, THE INVESTMENT, UH, UH, UH, UH, COME FROM THE CODE ENFORCEMENT CODE COMPLIANCE CODE EFFORTS, AND THEN BACK TO CODE CLIENTS.
AND, UH, IT'S BEEN REMARKABLE.
SO PROBABLY WORKING ON THIS IN 2012, 13, UM, UH, FOLKS COME TO CODE ENFORCEMENT HERE, IS THAT A FABULOUS JOB? AND I HAVEN'T SEEN THEIR METRICS AND THEY'VE BEEN A REAL ASSET TO THE CITY OF AUSTIN.
AND, UH, WE JUST WORKED THIS AND, UH, IT SHOULD DEFINITELY BE AT A PROVIDER AND APPROPRIATE INCREASE IN RESOURCES TO CONSIDER CITY CAN
[02:25:01]
CONTINUE THE GOOD WORK.I AGREE WITH YOUR ASSESSMENT, COMMISSIONER GREEN, UM, EVEN JUST THE LITTLE PORTION THAT WE SEE HERE IN HOW CASES ARE BROUGHT FORWARD TO THE COMMISSION.
IT HAS BEEN JUST REMARKABLE, UH, GROSS, REALLY IN HOW CASES ARE PRESENTED TO US.
UM, YOU KNOW, I KNOW WHEN I STARTED SEVERAL YEARS AGO, OF COURSE IT WAS ALL NEW TO ME AND EVERYTHING WAS EXTREMELY CONFUSING, BUT, UM, I DO THINK STAFF IN PARTICULAR HAS JUST ROCKED IT, YOU KNOW, JUST THAT THEY CAN CONVEY THE IMPORTANT POINTS OF THE CASE IN FIVE MINUTES OR LESS.
AND WE HAVE A VERY CLEAR PICTURE OF, YOU KNOW, MANY YEARS HISTORY IN SOME CASES.
UM, IT'S VERY IMPRESSIVE, UH, TO, UH, GO AHEAD, GO AHEAD.
WELL, THE LAST TWO RUTGERS UP CODE ENFORCEMENT, THEY GIVE, UH, THEIR OWN, UH, IMPRINT ON THE ORGANIZATION, SIGNIFICANTLY IMPROVED THE FONTS AND A BIG MORALES.
I CAN TELL, UM, UH, UH, UH, PUBLIC SERVANTS.
SO, UH, UH, AS WE GO FORWARD, UH, UH, I APPRECIATE THE WORK THEY'RE DONE, RIGHT.
THE ONLY OTHER THOUGHT THAT I WOULD LIKE TO ADD TOO IS, UM, YOU KNOW, WE, IF WE WANT TO MAKE A RECOMMENDATION AS A COMMISSION TO COUNCIL FOR, FOR BUDGET CONSIDERATION, YOU KNOW, WE COULD BE VERY SPECIFIC IN TERMS OF, YOU KNOW, SUCH AS THE EXAMPLE THAT WE HAVE.
WE COULD SAY, WE THINK YOU SHOULD ADD A POSITION AND YOU SHOULD FUND IT, YOU KNOW, BY THIS AMOUNT, OR PROBABLY WE COULD BE RATHER GENERIC WITH IT TO JUST, UM, YOU KNOW, SAYING ROAD HAS DONE A WONDERFUL JOB.
AND, UM, SO ANY RESOURCES YOU CAN ADD IT TO CONTINUE THE GOOD WORK AGAIN, ANY RECOMMENDATION, I'M THE CHAIR.
I MEAN, CAN WE HEAR FROM STAFF ON, ON THAT IN TERMS OF WHAT THEIR NEEDS ARE? UH, I, I DON'T, UH, YOU KNOW, I'M NOT, I'M NOT REALLY SURE HOW THIS WORKS.
I WOULD LIKE TO, I WOULD LIKE TO GIVE THEM ANY SUPPORT WE CAN AS, AS A PANEL.
AND, UH, TO THE EXTENT THAT WHAT WE'RE SEEING HERE, UH, REPRESENTS THEIR RECOMMENDATION.
YOU KNOW, I WOULD, I WOULD, I WOULD GO AHEAD AND SUPPORT THAT, BUT IF THERE'S MORE THEY NEED FROM US, I, I VOTE IN FAVOR OF ENDING NIGHT.
COULD I ADD TO THAT? UM, I'M CURIOUS, JUST IN LIGHT OF THE STORM AND ALL THE DAMAGE, YOU KNOW, TO A LOT OF MULTIFAMILY PROPERTIES OUT THERE AND OTHERS, IF THERE ARE ADDITIONAL RESOURCES, THEY FEEL THEY NEED TO BE ON TOP OF THAT AND SUCH EVENTS IN THE FUTURE.
MAYBE THAT'S AN EXCELLENT POINT, UH, COORDINATOR ALLEY, ALLEY.
I THINK I WILL REFER THIS TO DEFER TO, UH, ROBERT MOORE, MY D MY DIVISION MANAGER.
I'M NOT REALLY SURE THAT I'M THE BEST PERSON TO ANSWER THIS QUESTION.
ROBERT, ARE YOU WITH US? HELLO? YES.
CAN YOU HEAR ME? ROBERT MOORE DIVISION MANAGER, AUSTIN CODE.
THIS IS EITHER, I THINK I WANT HIM TO SAY THIS IS A YEARLY, UH, ITEM AND IT'S, IT'S KIND OF JUST EVERY YEAR, UH, HOW WE TALK ABOUT OUR NEEDS.
I THINK THE, YOU KNOW, WHAT WE CAN DO IS WE CAN HAVE FINANCE, UH, PRESENT AND REALLY GO OVER THE BUDGETARY NEEDS.
CAUSE I'M NOT GOING TO KNOW, OR I WON'T BE ABLE TO ELOQUENTLY SAY WHAT THEY WOULD BE ABLE TO SAY, AND I'D RATHER THEM SPEAK ON THIS THAN, THAN, THAN US.
AND I GUESS THE DEADLINE FOR THAT PRESENTATION WITH THESE RECOMMENDATIONS WOULD HAVE TO GO TO, UM, IT LOOKS LIKE THE BUDGET OFFICE BY APRIL 9TH.
SO WE WOULDN'T HAVE TIME TO, WE COULD HAVE A PRESENTATION FROM FINANCE, BUT YOU, YOUR RECOMMENDATIONS WOULDN'T BE ABLE TO BE INCLUDED IN THE BUDGET.
I HAVE A QUESTION AS TO BUDGET EVERY YEAR OR EVERY TWO YEARS, EVERY YEAR, THEN I WOULD SUGGEST TO THE, UH, FELLOW COMMISSIONERS IS STARTED LOOKING AT NEXT YEAR, BECAUSE IF WE WAIT UNTIL THE YEAR WE'RE GOING TO BE OUT BEHIND THE EIGHT BALL.
[02:30:01]
SO WE'RE GOING TO ACTUALLY TRY TO PROPOSE A CHANGE TO THE BUDGET FOR, UH, OUR COMMISSION AND CODE.THIS IS THE TIME TO START IT BECAUSE IT'S GOING TO BE, IT'S NOT A 12 MONTH PROCESS, 18 MONTHS PROCESS.
I HAVE A QUESTION FOR A DIVISION MANAGER MORE.
DO YOU HAVE YOU FELT A STRAIN FROM THE WINTER STORM AND JUST THE HUGE NEED FOR, YOU KNOW, SO MANY PROPERTIES WERE DAMAGED AND SO MANY CODE VIOLATIONS ARE NOW OUT THERE.
FIELD HAS DEFINITELY, UH, BEEN AN OVERTIME FOR SURE.
AND I KNOW, UM, AT ELVIS, ALLIE HAS, UM, WE'VE, WE'VE CHATTED BEFORE, ABOUT HOW JUST IN THE PREPARATION FOR EACH, EACH MONTHLY MEETING, UM, THERE, THERE IS A NEED FOR AN ASSISTANT OR PERHAPS ANOTHER, I'M NOT SURE IF IT WAS A PART-TIME PERSON OR A FULL-TIME PERSON TO PERHAPS ASSIST ON THAT END AS WELL.
I DON'T KNOW IF YOU'RE WEIGHING IN ON THAT MELANIE, THAT'S MY PERSONAL REQUEST, BUT I DON'T KNOW THAT THAT'S A DEPARTMENT THAT'S BEEN IDENTIFIED BY THE DEPARTMENT AND CHAIR, IF I MAY, UM, JUST A LITTLE BIT OF CONTEXT FOR THOSE OF YOU NOT FAMILIAR WITH THE BUDGET PROCESS, UM, THE BUDGET PROCESS HAS BEEN MOVED UP.
SO IT DOES GET ADOPTED MUCH EARLIER IN THE YEAR NOW, IN CASE THE COUNCIL DECIDES TO, UH, GO OVER A CERTAIN THRESHOLD, WHICH REQUIRES AN ELECTION, WHICH ALL HAS TO HAPPEN BEFORE THE BUDGET GOES INTO EFFECT ON OCTOBER 1ST.
BUT OVERALL CODE'S BUDGET IS PRIMARILY FUNDED BY THE CLEAN COMMUNITY FEE, WHICH IS SET OUT IN CITY CODE.
THAT'S A FEE THAT EVERY HOUSEHOLD THAT HAS A UTILITY SERVICES AND THANK GARBAGE SERVICES HAS TO PAY.
UM, I THINK CODE GETS $15 A MONTH, SOMETHING LIKE THAT, OR $4 A MONTH, SOMETHING LIKE THAT.
AND, UH, THAT PAYS FOR MOST OF CODE, UM, TO DO THEIR WORK.
THEY ALSO HAVE A, THEIR LICENSE AND REGISTRATIONS, UH, THOSE FEES PAY FOR THEIR WORK.
SO THEY ARE, WHAT'S CONSIDERED AN ENTERPRISE FUND.
UM, SO THEIR FEES, UM, BASICALLY PAY FOR THE DEPARTMENT THEMSELVES.
SO THAT'S JUST A LITTLE BIT OF CONTEXT FOR YOU, UM, ABOUT HOW CODE IS FUNDED.
AND ANOTHER THING I'D ADD, THIS IS DIVISION MANAGER, RUBBER MORGAN, UM, YOU KNOW, EVERY YEAR THE DEPARTMENT SUBMIT A, UM, UNMET NEED.
AND SO I CAN, YOU KNOW, GET MELANIE TO GET BACK WITH THE COMMISSIONERS ON HOW THEY CAN SUPPORT THAT SUBMITTAL.
I'M KIND OF HEARING THAT THAT'S, THAT'S WHAT WE WOULD LIKE TO DO THAT WE PROBABLY DON'T KNOW ENOUGH ABOUT YOUR DAILY NEEDS, UM, TO MEANINGFULLY WRITE A RECOMMENDATION WITHOUT THAT, THAT WE, WE KNOW WE LOVE YOU AND WE'D LOVE TO SUPPORT YOU.
IT, THIS MIGHT BE, I DON'T MEAN TO MESS UP EVERYONE'S, UH, SPRING BREAK HERE, BUT, UH, IS THIS SOMETHING ON WHICH WE SHOULD MAYBE POST AND COME BACK TO THEM EARLY APRIL IN ORDER TO SUPPORT THE STAFF? UH, OR IS THAT, AM I, AM I KIND OF GOING OUTSIDE OF THE LANE HERE BY, BY SUGGESTING THAT, BUT I WANT TO PUT THAT OUT THERE.
UH, I THINK THAT'S A GOOD QUESTION.
UM, COMMISSIONER GREEN SAID ON THE SAME TOPIC.
UM, I THINK, UH, TARGET, THAT IS A GOOD POINT.
I THINK WE NEED TO FLESH THIS OUT A LITTLE BIT, UH, BUT, UH, UM, YOU KNOW, HISTORICALLY OVER THE LAST EIGHT TO 10 YEARS THAT I'VE BEEN WORKING ON CODE ISSUES, ANYTHING WE CAN DO TO SUPPORT THEM AND, UH, RECOMMEND, UH, ADDITIONAL RESOURCES WITH JUSTIFICATION IS GOING TO BE A GREAT IDEA, BUT I'M NOT SURE I WOULD JUST PULL THAT OFF IF WE GO TO WITH ANOTHER MEETING OR, UM, AND THEN THERE'S RULES AROUND THAT AS FAR AS THE FORMS, BUT, UH, I'D BE INTERESTED IN SEEING IF WE CAN COME UP WITH SOME CONCRETE WAYS TO HAVE RECOMMENDATIONS, UH, TO AFFECT SOME CHANGE THERE.
COMMISSIONER MILLER, DID YOU HAVE SOMETHING TO ADD? UM, YES.
WELL, I WAS GOING TO SUGGEST THAT IN FUTURE YEARS WE HAVE THEM GIVE US THIS, UM, UNMET NEEDS DOCUMENT THE MONTH BEFORE.
SO THAT THEN WHEN WE COME TO THIS MEETING, WE HAVE SOME BACKGROUND THAT WE COULD USE TO CRAFT
[02:35:01]
SOME SORT OF STATEMENT.CAUSE I, YOU KNOW, I AGREE WITH EVERYONE ELSE.
WE CAN COME UP WITH SOMETHING TONIGHT.
BUT IF WE HAD, IF WE HAD SEEN THAT BEFORE IT HAD A PRESENTATION ON UNMET NEEDS, THE MEETING BEFORE, THEN MAYBE WE'D BE IN A GOOD POSITION TO DO THAT.
AND TO BE FAIR, MISS SALLY DID BRING THIS UP ON, I THINK THAT IT WAS ON OUR AGENDAS, THE LAST TWO MEETINGS, BUT WE WERE RUNNING LATE AND NEVER QUITE GOT TO IT.
I MEAN, EVEN IF WE GOT THE DOCUMENT OR SOMETHING, I UNDERSTAND WE RAN OUT OF TIME, BUT YEAH, IF THERE'S A WAY WE CAN GET THE INFORMATION BEFORE THE MEETING THAT WE HAVE TO ACTUALLY CRAFT THE STATEMENT, THAT WOULD BE HELPFUL.
UH, THE STATEMENT WOULD HAVE TO BE CRAFTED THIS MONTH.
SO I BELIEVE YOU'RE PROBABLY GONNA HAVE TO WAIT UNTIL NEXT YEAR.
UM, OR I'M THINKING WE PROBABLY DON'T HAVE ENOUGH TIME TO EVEN FIT IN A MEETING WITH ALL THE POSTINGS RIGHT.
IS THAT WHAT, YEAH, I DON'T, I DON'T THINK THAT COULD HAPPEN.
UM, I MEAN, I GUESS YOU COULD ALWAYS HAVE A WORKING GROUP AT SOME POINT TO WORK ON THIS NEXT YEAR.
THAT MIGHT ALSO BE A POSSIBILITY, JUST A SUGGESTION.
THAT WOULD BE A REALLY GOOD SUGGESTION.
I KNOW IT'S HARD TO COME OFF THE HOLIDAYS IN THE WINTER, BUT, UH, JANUARY IS PROBABLY WHEN WE NEED TO REALLY BE THINKING ABOUT THIS AND WE CAN PLAN TO HAVE A PRESENTATION SET UP FOR YOU NEXT YEAR BY FINANCE.
UM, THAT WOULD BE ANOTHER THING THAT WE COULD DO.
AND COULD THAT BE IN COMBINATION WITH, OR WOULD THAT BE THE, UM, KIND OF IDENTIFYING THE DEEDS? UM, THAT'S WHAT I WAS THINKING.
UM, IN THE PAST, OUR FINANCE DEPARTMENT HAS PUT TOGETHER A PRESENTATION AND, UH, WE HAVE A NEW FINANCE MANAGER.
WE DIDN'T REALLY DISCUSS THAT THIS YEAR, BUT WE CAN DO THAT IN THE FUTURE.
BECAUSE I WOULD SAY OFTEN TIMES FINANCE PRESENTATIONS JUST GO OVER MY HEAD, ESPECIALLY AT THE END OF THE MEETING, BUT YEAH, I THINK TYING IT TO REAL, YOU KNOW, REAL NEEDS THAT IDENTIFIED.
AND WOULD YOU LIKE TO HAVE A REGULAR FINANCE PRESENTATION AROUND BEFORE BUDGET? AT SOME POINT? I BELIEVE WE, THERE MAY BE.
THAT'S WHAT WE'VE DONE IN THE PAST HAS HAD JUST A GENERAL FINANCE PRESENTATION OVER ABOUT CODES, BUDGET.
I THINK IT IS GOOD TO UNDERSTAND WHERE THE FUNDING COMES FROM AND HOW IT'S SPENT.
UM, PROBABLY ERR ON THE SIDE OF, OF SHORT AND HIGH LEVEL, YOU KNOW, BIG PICTURE.
I'LL FOLLOW UP ON THAT FOR YOU AND REPORT BACK AND I BELIEVE SO I'LL LET YOU FINISH THIS CONVERSATION AND UH, WE MOVE ON TO FUTURE AGENDA ITEMS. IS THERE ANYTHING ELSE? UM, YEAH, WE DO WANT TO TALK ABOUT FUTURE AGENDA ITEMS, BUT UNLESS ANYONE ELSE HAS ANY OTHER, ANYTHING ELSE ON THE RECOMMENDATION ALSO, WE WANT TO CRAFT ONE RIGHT NOW.
I'M NOT HEARING ANY EMOTIONS OR SEEING ANY, ANY REAL DRIVE TO DO THAT TONIGHT.
WE'LL MAKE IT BETTER NEXT YEAR.
[FUTURE AGENDA ITEMS]
ITEMS. SO NEXT MONTH, UM, WE DO HAVE ELECTION OF OFFICERS AT THE APRIL MEETING.UM, I ALSO WANTED TO MENTION THAT IF YOU HAVE NOT BEEN REAPPOINTED, WE HAVE, UH, JUST FOLLOW UP WITH YOUR, PLEASE FOLLOW UP WITH YOUR COUNCIL MEMBER.
UM, DID YOU, HAVE YOU GET A LIST OF WHO HAS YET TO BE REAPPOINTED? WELL, THERE THREE PEOPLE WHO HAVE BEEN REAPPOINTED, UM, I BELIEVE THAT'S MR. STOWE STAD.
UH, LET ME LOOK AT MY LIST AND MR. GREEN, I THINK MR. THOMPSON AND MR. THOMPSON.
THEY HAVE BEEN REAPPOINTED DONE WHEN IT HAS BEEN SO FAR.
DO YOU HAVE, I AM BEING REAPPOINTED BY THE COUNCIL DISREGARDED.
YOU HAVE BEEN THIS PAST WEEK OR SO WE'LL BE OKAY.
UM, I, I NEED TO FOLLOW UP TOO.
SO YOU, YOU HAVE A HOLD OVER THROUGH THE END OF APRIL, BUT AFTER THAT, UM, YOUR TERMS WILL END, SO YOUR TERMS HAVE ENDED, BUT YOU'RE IN A HOLD OVER POSITION
[02:40:01]
THROUGH THE END OF APRIL.SO IT IS IMPORTANT TO REACH OUT AND MAKE SURE THAT THAT GET THOSE REAPPOINTMENTS GET DONE IF YOU PLAN TO STAY ON THE COMMISSION AND UM, OKAY.
I WANTED TO TELL YOU THAT YOU HAVE A REPORT DUE IN APRIL.
I SPOKE WITH SOMEONE YESTERDAY WHO IS INTENDING TO BUY THAT PROPERTY.
SO HE WOULD LIKE TO COME DURING CITIZEN'S COMMUNICATION NEXT MONTH AND TALK TO YOU ABOUT HIS PLANS.
UM, BUT WE WILL HAVE A REPORT FOR YOU FROM THEM AT THE NEXT MEETING.
I THINK IT'S JUST A WRITTEN REPORT SO I CAN EITHER, UM, I CAN GET I'M SORRY, I DIDN'T THE ONE WHERE WE HAD ISSUED AN ORDER AND WE JUST REQUESTED IT.
YOU DID, YOU ISSUED AN ORDER FOR 90 DAYS FOR REPAIR ON AT THREE OH THREE CHAPARRAL.
AND THEN YOU ASKED FOR A WRITTEN REPORT ON THE 60TH DAY, WHICH WAS FOR THE APRIL MEETING.
UM, AND I CAN JUST PUT THAT IN THE BACKUP DOCUMENTATION FOR YOU TO READ.
OR WOULD YOU LIKE FOR SOMEONE TO, UH, SPEAK ABOUT THE, PROVIDE SOME KIND OF AN UPDATE? UH, I THINK IT WOULD PROBABLY AT LEAST IF YOU HAVE STAFF AVAILABLE WHO COULD ANSWER QUESTIONS, EVEN IF IT'S NOT A FULL ON PRESENTATION, BUT JUST SAYING, HEY, TAKE THIS TIME NOW TO READ THE REPORT AND UM, OKAY.
UM, I'M AFRAID IF YOU JUST EMAIL IT TO US, WE'RE NEVER GOING TO LOOK AT IT.
SO WE COULD HAVE SOME, MAYBE A STAFF UPDATE.
AND THEN THE BUILDING AND FIRE BOARD MAY WANT TO COME NEXT MONTH.
I HAVE TO FOLLOW UP WITH RICK, OUR ZOLA, UH, THE BUILDING AND FIRE BOARD HAS A FLAT TOP FENCE INITIATIVE.
THEY'VE DISCUSSED, POSSIBLY WANTING TO COME TO THE APRIL MEETING, BUT I'M GOING TO HAVE TO FOLLOW UP WITH THEM ABOUT THAT.
UM, ALSO SPRINGDALE ROAD WAS SUPPOSED TO COME BACK THIS MONTH AND I BELIEVE I DISCUSSED THIS WITH YOU.
WE PULLED IT FROM THE AGENDA BECAUSE THE OWNER HAD PASSED AWAY AND WE WANT TO RE NOTICE THE HEIRS AND THEN BRING IT BACK IN A FEW MONTHS.
AND THEN YOU ALSO TALKED ABOUT, UM, UH, SEVERAL PEOPLE APPEARED DURING CITIZEN'S COMMUNICATION, MOUNT CARMEL VILLAGE APARTMENTS, THE REPEAT OFFENDER PROGRAM PERSON AND TWO, TWO ZERO ONE MOCKINGBIRD LANE.
SO WITH MOUNT CARMEL APARTMENTS AND THE TWO ZERO ONE MOCKINGBIRD LANE, UM, I UNDERSTAND IF CODE IS PREPARING A CASE, WE PROBABLY DO NOT WANT TO GET ANY KIND OF STAFF UPDATE.
I WANT TO PUT THIS A REPEAT OFFENDER PROGRAM.
WE'RE WE'RE GOING TO COME BACK TO THAT ONE.
WELL, WE'LL COME BACK TO THAT.
THAT'S ON MY LIST TOO, BUT FOR THE CASES WHICH SOUND LIKE THEY'RE RATHER CONCERNING THAT THE CITIZENS CAME TO TALK TO US ABOUT TONIGHT.
UM, IT STAFF ABLE TO TELL US IF THEY'RE CURRENTLY PREPARING A CASE ON THAT OR, OR WE'RE ABLE TO FIND OUT ANY INFORMATION ON THESE RIGHT NOW AND MR. CARR, PLEASE KEEP US BETWEEN THE LINES HERE.
UM, SO I WOULD SAY THAT YOU, IF, SO HERE IS THE BUILDING OF STANDARDS, COMMISSION'S JURISDICTION, UM, IT'S UNDER CITY CODE TWO DASH ONE DASH ONE 22 SAYS THE BUILDING STANDARDS COMMISSION IS ESTABLISHED TO HEAR CASES CONCERNING ALLEGED VIOLATIONS OF THE CITY'S REGULATIONS AND ORDINANCES RELATING TO THE CONDITION OF, AND MINIMUM STANDARDS FOR THE MAINTENANCE OF EXISTING RESIDENTIAL NON-RESIDENTIAL STRUCTURES, PREMISES, PROPERTIES, AND ESTABLISHMENT.
SO IF THERE IS A BUILDING MAINTENANCE ISSUE, YOU CAN BRING THAT CASE BACK.
BUT IF, IF CODE ISN'T BRINGING IT BACK AS A CASE, YOU CAN REQUEST A REPORT FROM CODE ON THAT CASE OR WHAT'S HAPPENING ON THAT PROPERTY FOR THE MOCKINGBIRD.
WHEN I DIDN'T HEAR ANY MAINTENANCE ISSUES, THAT WAS MORE OF A ZONING ISSUE WHERE THEY WERE ASKING ABOUT PEOPLE HAVING TOO MANY PEOPLE.
SO I DON'T KNOW THAT THAT ONE WOULD BE WITHIN YOUR JURISDICTION.
THAT'S I MEAN, WE CERTAINLY HAVE OVERLAP WITH ZONING WHEN WE HEAR STR CASES, BUT I THINK THAT THAT'S WHERE OUR PURVIEW ENDS.
STR IS REALLY WHERE YOU ALL GET INTO THE ZONING.
SO FOR THE MOUNT CARMEL, YOU COULD REQUEST A STAFF REPORT.
UM, IF THEY'RE NOT ALREADY BRINGING THE CASE BEFORE YOU AS A CASE.
I THINK THAT'S WHAT I WOULD LIKE TO DO.
AND, UM, YEAH, IF THEY'RE CURRENTLY PREPARING A CASE, THEN I WOULD SAY, NO, LET'S NOT HERE A STAFF REPORT BECAUSE WE DON'T WANT TO MUDDY THE WATERS BEFORE THEY'RE READY TO ACTUALLY BRING IT.
IS THAT SOMETHING WE COULD DO MISS ALLIE? YES.
[02:45:01]
SO THE STAFF REPORT, UNLESS THERE IS A CURRENT ACTIVE CODE CASE, CORRECT.I, I DON'T KNOW IF THIS IS SOMETHING THAT COULD BE PART OF THAT, UH, REPORT ON THAT CASE, BUT I'M WAS INTERESTED IN LEARNING MORE ABOUT THE DISPLACEMENT ISSUES AND WHAT THE, THE, WHAT CODE'S PRACTICE IS IN SUCH A CASE WHERE THE RESIDENTS HAVE TO LEAVE THE PROPERTY.
HOW DOES THAT WORK? UM, SO I DON'T KNOW IF THAT'S, THAT WOULD BE JUST PART OF WHAT THEY REPORT ON IN TELLING US ABOUT THE STATUS OF THIS CASE, OR IF NOT, I WOULD JUST LIKE TO UNDERSTAND BETTER WHAT, UM, THE CURRENT PRACTICES, HOW CODE COORDINATES WITH OTHER DEPARTMENTS OR, YOU KNOW, WHAT HAPPENS TO MAKE.
SO WE MAKE SURE THAT RESIDENTS ARE STILL HOUSED.
CAN I, I WOULD LIKE TO ASK, UH, ROBERT MOORE RUBBER MORE, CAN YOU SPEAK ON THAT, HOW WE MIGHT ADDRESS THAT, UM, AT THE NEXT MEETING, IF, IF WE, THAT WOULD BE INCLUDED IN THIS OTHER REPORT, OR IF WE MIGHT WANT TO DO SOME KIND OF PRESENTATION, I'M SORRY, WHAT WAS THE QUESTION AS FAR AS HOW TO ADJUST WHAT? SO SHE'S ASKING FOR, UM, EITHER TO INCLUDE IN THE REPORT MORE ABOUT THE DISPLACEMENT ISSUES AND THE CURRENT PRACTICES AT CODE AND MS. MUELLER, CAN YOU ADD TO THAT? UM, SO YES.
UM, YEAH, I JUST WANT TO UNDERSTAND IN THAT CASE, AND GENERALLY WHAT HAPPENS WHEN YOU HAVE CONDITIONS THAT ARE SO BAD THAT RESIDENTS HAVE TO LEAVE THE PROPERTY, WHAT IS THE PRACTICE, YOU KNOW, HOW DOES CODE COORDINATE WITH OTHER DEPARTMENTS TO HELP THE RESIDENTS FIND SOMEWHERE TO BE OKAY? YES, WE CAN ABSOLUTELY PUT SOMETHING TOGETHER FOR YOU.
AND THEN FOR THE TWO ZERO ONE WEST MOCKINGBIRD LANE, UM, I'M NOT GOING TO RE QUEST ANY KIND OF STAFF UPDATE, CAUSE I'M NOT SURE IT'S IN, UNDER OUR PURVIEW.
IF IT TURNS OUT THAT IT IS, THEN THEY'LL PROBABLY BE A CASE COMING TO US ANYWAY, THAT'S, THAT'S MY OPINION, JOE, THIS IS TOM VOKEY FROM THE FIRE MARSHAL'S OFFICE.
I'M GOING TO, WE'RE GOING TO LOOK AT TWO OH ONE MOCKINGBIRD FROM A FIRE CODE SIDE.
UM, NOT THAT WE WOULD PROVIDE A REPORT OR ANYTHING Y'ALL, BUT WE WILL LOOK INTO THAT AS WELL, JUST FOR YOU ELSA.
AND I THINK THAT'S, I DIDN'T SAY IT EARLIER TONIGHT, BUT I THINK IT WAS IMPORTANT FOR EVERYONE TO SHOW UP DURING CITIZEN'S COMMUNICATION BECAUSE IT DOES DRAW ATTENTION TO THESE CASES.
UM, I DO WANT TO TALK ABOUT THE REPEAT OFFENDER PROGRAM, COMMISSIONER GREEN.
UM, SO WE, WE HAVE THE QUESTION, UH, THAT WE HAD DISCUSSED.
WELL, WE HAD, WE HAD AN UPDATE A MONTH AGO AND THEN, UM, THE APARTMENT ASSOCIATION SHOWED UP WITH CONCERNS AND I'VE ACTUALLY HAD SOMEONE ELSE REACH OUT TO ME FROM THE, UH, FIRE AND BUILDING CODE COMMISSION WHO WOULD ALSO LIKE TO CHAT WITH US.
SO I THINK IT'S TIME TO PUT IT BACK ON THE AGENDA, UH, FOR POSSIBLE ACTION.
AND WHETHER THAT ACTION IS FORMING, FORMING A WORKING GROUP, COMMISSIONER GREEN, WE'RE TALKING ABOUT THE REPEAT OFFENDER PROGRAM.
UM, SO I WOULD LIKE TO GET IT ON THE AGENDA FOR NEXT MONTH AND FOR ACTION FOR POSSIBLE ACTION.
AND THAT ACTUALLY MIGHT BE TO FORM A WORKING GROUP TO FIGURE OUT IF IT'S TIME TO REVAMP PARTS OF IT OR, UM, YEAH.
WELL, THERE'S A REASON THAT THOSE 93 GUYS HAVE BEEN ON THAT WAS AROUND FIVE OR 10 YEARS AND IT'S NOT BECAUSE THEY WERE PRETTY UNFAIR.
LIKE SOME OF THESE GUYS GOT SOME REAL ISSUES.
SO IT'LL INTERESTED TO SEE WHAT THE APARTMENT ASSOCIATION COMES BACK WITH.
SO CHAIR FOR A SPLIT FOR SPECIFICITY, WITH THIS BE DISCUSSING, I GUESS, THE ORDINANCE ITSELF, BECAUSE LAST TIME YOU ALREADY HAD A, YOU HAD THE BRIEFING RECENTLY AND I JUST WANT TO MAKE SURE WE'RE POSTED FOR WHAT YOU'RE WANTING.
IS IT ABOUT THE, ABOUT THE ORDINANCE? IT WOULD BE ABOUT THE ORDINANCE ITSELF, BUT WE CAN'T JUST TALK ABOUT THE ORDINANCE AND TAKE ACTION ON IT IS MY UNDERSTANDING.
IT'S LIKE THRUST TO EVEN CONSIDER TAKING ACTION.
WE WOULD PROBABLY NEED TO FORM A WORKING GROUP AND THERE ARE OTHER INTERESTED PARTIES TOO, IS WHAT I'M LEARNING.
IS THAT THE, UM, UH, THE, UH, WHAT IS THIS COMMISSION? I'M SORRY, KAREN BUILDING CODE COMMISSIONER.
SORRY, WE GOT CASELOADS SEVEN YEARS AGO.
[02:50:01]
WHERE WE START, WE MOVE FORWARD HERE.SO ARE YOU PLANNING, I GUESS, TO SET UP A POTENTIAL WORKING GROUP TO LOOK AT THE ORDINANCE MORE CLOSELY, I GUESS THEY WOULD MAKE A RECOMMENDATION TO THE BIGGER COMMISSION? YES.
SO THAT WOULD BE THE POSSIBLE ACTION NEXT MONTH WOULD BE TO FORM A WORKING GROUP.
SO IT WOULD BE A GENERAL DISCUSSION ABOUT THE ORDINANCE AND TO POSSIBLY FORM A WORKING GROUP.
AND IT COULD POSSIBLY BE A JOINT WORKING GROUP WITH THE, UM, FIRE AND BUILDING CODE COMMISSION CODE BOARD OF APPEALS.
CAUSE SOMEONE REACH OUT TO ME DIRECTLY AND WE'LL PROBABLY GIVE HIM A HEADS UP TOO.
I HAVE A QUESTION FOR, UH, CITY LEGAL, UH, MATTERS THERE.
UH, HOW MANY OF US CAN BE IN THE WORKING GROUP? THAT'S A GOOD QUESTION.
YES, IT HAS TO BE FEWER THAN A QUORUM.
THAT'S THE FIRST ONE, BUT I WOULD HAVE TO LOOK INTO SEEING WHETHER YOU COULD FORM A WORKING GROUP WITH ANOTHER BOARD.
I BELIEVE THAT'S WHAT THE BUILDING AND FIRE BOARD WAS PLAYING WAS THINKING OF REGARDING THE FLATTOP FENCE INITIATIVE, POSSIBLY HAVING YOUR WORKING GROUP WITH, WITH YOUR BOARD.
BUT I DON'T, I MEAN, AS LONG AS IT'S LESS THAN A QUORUM OF THEIRS AND LESS THAN A QUORUM OF YOURS, IT MAY BE FEASIBLE.
THAT MIGHT BE YOUR HOMEWORK BEFORE.
UH, I'M JUST THINKING LIKE, I WOULD LIKE TO KNOW WHY THEY THINK THEY WANT TO LOOK AT THE REPEAT OFFENDER PROGRAM.
I MEAN, THERE ARE OTHER BOARDS, THE COMMUNITY DEVELOPMENT COMMISSION, THERE MIGHT BE OTHER GROUPS THAT ARE INTERESTED IN THE REPEAT OFFENDER PROGRAM FROM DIFFERENT PERSPECTIVE.
SO I THINK AT THE NEXT MEETING, WE WOULD NEED TO DECIDE WHAT WOULD BE OUR PURPOSE AND LOOKING AT IT AND DO NEED TO MEET, YOU KNOW, IS IT APPROPRIATE FOR US TO FORM THIS JOINT THING WITH, UM, THE FIRE, WHATEVER IT IS.
I'M NOT SURE WHAT THE NAME OF THEIR THING IS.
UM, YOU KNOW, OR NOT THEY HAVE A SPECIFIC ROLE.
THERE ARE OTHER GROUPS THAT HAVE THE TENANTS INTERESTS, YOU KNOW, HAVE OTHER PERSPECTIVES ON THIS.
SO WE NEED TO BE CAREFUL THAT WE AREN'T SORT OF SKEWING THINGS IN A PARTICULAR DIRECTION.
THIS PARTICULAR COMMISSION SAID, UH, THIS, UH, UH, REPEAT OFFENDER PROGRAM ON ITS RADAR OR TOOK ABOUT 19
AND, UH, UM, THAT GETS IT IT'S FOR METAL HELPING CLEAN UP SOME OF THE, UH, PROBLEM PROPERTIES, AT LEAST WHERE I'M AT AND OUTSIDE, UH, UH, SHOP EAST AUSTIN.
SO, UH, HOLDING PEOPLE ACCOUNTABLE FOR KEEPING THEIR PROPERTY SAFE.
I MEAN, THEY DON'T HAVE TO BE BEAUTIFUL.
THEY HAVE TO BE SAFE AND, UH, UH, THING FOR EVERYBODY AT EVERY LEVEL HERE.
AND THAT'S WHY SOME OF THE ISSUES WE HAD OVER HERE GOT UP IN, UH, UM, YOU'VE GOT, UM, I THINK THEY'RE IMPORTANT FOR US TO GO BACK IN THERE.
UH, I WAS JUST GOING TO SAY FOR WORKING GROUPS, UM, IT'S AN ARTICLE EIGHT OF YOUR BYLAWS.
UM, IT HAS TO BE LESS THAN A QUORUM.
YOU CAN DESIGNATE A CHAIR IF YOU WANT, UH, BUT IT'S NOT REQUIRED.
THE QUORUM REQUIREMENTS DO NOT APPLY.
SO IF YOU PUT FIVE PEOPLE ON THREE, DON'T HAVE TO SHOW UP, YOU CAN HAVE TWO OR ONE STAFF SUPPORT WILL NOT BE SURPRISED.
IT PROVIDED FOR WORKING GROUPS.
SO THAT MEANS YOU'LL JUST KIND OF MEET ON YOUR OWN AND WORKING GROUPS ARE NOT REQUIRED TO POST THEIR MEETINGS.
UM, UNDER THE TEXAS OPEN MEETINGS ACT.
SO IT'S A LOT LESS FORMAL, UH, YOU'LL JUST HAVE TO KIND OF GET TOGETHER.
AND I FIGURED THAT HOW YOU WANT TO, YOU KNOW, WHAT YOU WANT TO COME AT THAT, BUT WE CAN DISCUSS THAT MORE AT THE NEXT MEETING.
I WAS GOING TO SAY, LET'S, LET'S GET IT ON THE AGENDA.
LET'S DISCUSS IT FURTHER, UH, NEXT MONTH.
AND, UM, THERE'S ONE OTHER ITEM I DID WANT TO MENTION TOO.
WE MENTIONED IT AT THE TOP OF THE MEETING, BUT, UM, IF YOU CAN PLEASE KEEP YOUR VIDEO ROLLING.
UH, IT WAS REALLY HARD TO DETERMINE IF WE HAD A QUORUM, UM, YOU KNOW, ESPECIALLY WHEN WE'RE HEARING CASES VERY IMPORTANT FOR US TO HAVE A QUORUM ACTUALLY ON SCREEN.
THAT'S ALL I'VE GOT ANYTHING ELSE, MELANIE? UH, THE TIME TIME IS NINE 27.
[02:55:02]