[00:00:03]
ALL RIGHT, I'M GOING TO GET STARTED.
[CALL TO ORDER]
STANDARDS COMMISSION MEETING TO ORDER FOR MAY 26, 2021.LET THE RECORD REFLECT THAT THE TIME IS 6:40 PM.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
AT THIS TIME, I WILL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS PRESENT TONIGHT TO PLEASE SIGNIFY THAT YOU ARE HERE.
AND AS A REMINDER TO THE COMMISSIONERS, PLEASE TURN YOUR CAMERA ON FOR THE ROLE AND FOR EACH VOTE.
SO, UH, I AM PRESENT AS MENTIONED.
I'M ANDREA FREIBERGER, THE CHAIR, UH, PABLO
I DO NOT SEE MR. GREEN, UH, ELIZABETH MUELLER HERE.
UH, I CAN SEE YOU, BUT YOU'RE MUTED.
AND DO WE HAVE THOMAS VOKEY OR FIRE MARSHALL? YES, MA'AM.
UH, WE ALSO HAVE ON CAMERA TONIGHT.
WE HAVE BRANDON CARR OR ASSISTANT CITY ATTORNEY.
AND WE HAVE MELANIE ALLEY, OUR BUILDING AND STANDARDS COMMISSION COORDINATOR.
UM, ALSO BEFORE WE JUMP INTO THIS, I'D REALLY LIKE TO THANK CODE STAFF, INSPECTORS SUPERVISORS, AND OUR COORDINATOR, JUST FOR PULLING EVERYTHING TOGETHER.
THIS LAST MONTH, IT'S A SPECIAL CALLED MEETING AND THIS MEETING, I KNOW YOU'VE BEEN PUTTING IN MANY, MANY, MANY LONG HOURS AND, UM, AND I KNOW YOUR WORK IS NOT DONE.
I KNOW WE STILL HAVE MORE CASES COMING DUE TO THE DRAMATIC EVENTS IN FEBRUARY.
SO THANK YOU FOR YOUR TIME IN THAT.
ALL RIGHT, BEFORE THE CASES ARE CALLED THIS EVENING, THE COMMISSION WILL ENTERTAIN
[CITIZEN COMMUNICATION]
CITIZEN COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.EACH SPEAKER WILL BE ALLOTTED THREE MINUTES OR SIX MINUTES TOTAL FOR ANYONE IN REQUIRING INTERPRETATION SERVICES.
UM, ALSO PRIOR TO THE CASES BEING CALLED THE COMMISSION WILL HEAR PUBLIC COMMENTS FROM INTERESTED PARTIES, REGARDING ITEMS THAT ARE ON TONIGHT'S AGENDA TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER FOUR CASES FROM FOUR PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, 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 REMOTE THAT WOULD INCLUDE STAYING MUTED, YOU KNOW, KEEPING YOUR MICROPHONE MUTED, UNLESS YOU ARE ABOUT TO SPEAK THE COMMISSION'S COORDINATOR, MELANIE ALLIE WE'LL CALL EACH CASE ON THE AGENDA, UH, 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 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.
BLUR DESIGNATED TIMEKEEPER THIS EVENING.
AND I'M SORRY, I DIDN'T CATCH YOUR NAME.
I WAS DAVEY TECH AT CITY HALL, ADAM, ADAM.
SO AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, I'M SORRY.
AFTER YOU HAVE PRESENTED YOUR WITNESSES.
AUSTIN CODE STAFF MAY ASK YOUR WITNESSES QUESTIONS ABOUT THEIR TESTIMONY AND 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 AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.
THE COMMISSION WILL DISCUSS THE CASE
[00:05:01]
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 TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION WILL NOW BE SWORN IN AND TONIGHT, BECAUSE THIS WAS A VIRTUAL HEARING, I'LL READ OUT THE OATH AND AFTERWARDS I'LL 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.
AND OF COURSE, IF ANYONE OBJECTS TO THE OATH, PLEASE UNMUTE YOURSELF STATE.
UH, IF THERE WAS NOTHING FURTHER, WE WILL PROCEED TO CITIZEN COMMUNICATION AND PUBLIC COMMENT.
SO TONIGHT FOR CITIZEN COMMUNITY COMMUNICATION, IT LOOKS LIKE WE HAVE FOUR SPEAKERS, FOUR SPEAKERS.
SO DO WE HAVE A CHARLIE DORSA NAO ON THE LINE SHARE? THEY SHOULD BE ON THE LINE NOW.
DANIELLE AND LEAH BOGGIO ARE HERE WITH GENDER GROUP.
UM, UM, BEFORE YOU START, I DO WANT TO DIRECT THE COMMISSIONERS TO THERE.
ISN'T AN EXHIBIT IN OUR READERS.
I BELIEVE THAT I'M SORRY, NOT AN EXHIBIT, BUT SOME EXTRA MATERIAL THAT YOU WANTED US TO SEE, IS THAT CORRECT? RIGHT THERE.
THERE'S A PRESENTATION, UH, WOULD BE HELPFUL IF YOU FOLLOW ALONG AND CALL IT, LEAH, PROVIDE A PRESENTATION FOR YOU.
AND, UH, GO AHEAD AND PROCEED.
WELL, THE COMMISSIONERS AND LEAH BOGGIO WITH JENNER GROUP, UM, HERE, UM, JUST TO GIVE YOU AN UPDATE ON NINE OH SEVEN, 909 AND NINE 11 CONGRESS, UM, CONGRESS AVENUE, UM, LIKE CHARLIE SAID, WE DID SUBMIT A PRESENTATION TO KIND OF GIVE YOU AN OVERVIEW OF WHAT WE HAVE DONE SO FAR AND WHAT WE ARE PLANNING TO DO NEXT.
UM, I'LL LET SOMEONE IN THE INTEREST OF TIME.
I WON'T WALK THROUGH ALL OF IT, BUT I AM AVAILABLE TO ANSWER ANY QUESTIONS.
UM, WE ARE WORKING AS FAST AS POSSIBLE TO COMPLY WITH THE MARCH 24TH ORDER, UM, WHICH, UM, WOULD REQUIRE REPAIR THE BUILDINGS BY JUNE 22ND.
UM, WE HAVE BEEN AT THE HISTORIC LANDMARK COMMISSION FOR THE LAST TWO MONTHS, ASKING FOR THEIR DIRECTION AND INPUT AS WE PUT TOGETHER OUR APPLICATION MATERIALS.
UM, AS WE, AS WE PRESENTED TO YOU IN FEBRUARY AND MARCH, BECAUSE TWO OF THE BUILDINGS ARE HISTORIC HISTORIC LANDMARKS, AND ONE OF THEM IS A CONTRIBUTING STRUCTURE.
UM, THERE'S NOT A LOT THAT WE CAN DO WITHOUT THEIR PERMISSION.
UM, ONLY THIS PAST MONDAY, DID WE GET DIRECTION ON THE PERMIT FROM THEM? AND WE WILL BE SUBMITTING THAT FOR THEIR APPROVAL AT THEIR JUNE MEETING.
UM, DUNE JUNE IS SET THAT MEETING DATE IS STILL OUT ACTUALLY JUST OUTSIDE OF THE WINDOW OF TIME THAT WE WERE ALLOWED BY THE MARCH ORDER.
BUT LIKE I SAID, WE'VE BEEN MOVING AS QUICKLY AS WE CAN, AND WE HAVE NOT BEEN ABLE TO GET, UM, TO GET, UH, THE DIRECTION WE NEED TO GET THE PERMIT TO THEM UNTIL NOW.
UH, I DO WANT TO POINT OUT THAT THEY ARE STILL SAYING THAT NINE OH NINE CANNOT BE DECONSTRUCTED.
UM, EVEN THOUGH OUR STRUCTURAL ENGINEER ON THE TEAM IS SAYING THAT IT CANNOT BE BREACHED IN PLACE.
SO WE HAVE, WE SEEM TO HAVE AGREEMENT ON NINE OH SEVEN AND NINE 11, BUT WE ARE STILL KIND OF STUCK ON NINE OH NINE.
UM, WE'VE MADE EVERY EFFORT TO COMPLY WITH, WITH THEIR REPEATED REQUESTS FOR INFORMATION, AND UNFORTUNATELY BASED ON THEIR REVIEW TIMELINE.
AND LIKE I MENTIONED, EVEN IF WE DO SECURE THAT PERMIT IN JUNE, UM, WE WILL BE OUTSIDE OF THE WINDOW OF THE MARCH ORDER.
UM, I REALLY JUST WANTED TO REPORT TO YOU THAT EVEN THOUGH NOT MUCH WORK IS VISIBLE FROM THE OUTSIDE OF THE BUILDING, OTHER THAN THE WORK WE DID TO SECURE THE FACADE FOR YOUR DIRECTION.
AND I BELIEVE IN FEBRUARY, UM, WE ARE WORKING DILIGENTLY TO MAKE PROGRESS.
UM, AND WE ARE BOUND BY THE HISTORIC DENMARK COMMISSION SCHEDULE AND THEIR SENSE OF URGENCY KIND OF AS WE, AS WE THOUGHT WE MIGHT BE.
AND WHEN, WHEN WE WERE BEFORE YOU BEFORE.
UM, SO I JUST REALLY WANTED TO GIVE YOU THAT UPDATE AND ASK IF THERE ARE ANY QUESTIONS WE CAN ANSWER, UM, AND JUST LET YOU KNOW THAT WE'RE DOING THE BEST WE CAN GIVEN THAT CONSTRAINT.
[00:10:01]
AND, UM, MR. DORSA NEHA, DID YOU HAVE ANYTHING TO ADD? NO.UM, SO WE'RE NOT ACTUALLY POSTED FOR ANY DISCUSSION OR ACTION ON THIS, BUT I DO THANK YOU FOR PRESENTING THE ADDITIONAL INFORMATION.
UH, THE NEXT, DO WE HAVE CAROLINE TAYLOR ON THE LINE? YES, I'M HERE.
AND YOU WERE SPEAKING ON MILLER FLATS, IS THAT CORRECT? YES.
MY NAME IS CAROLINE TAYLOR AND I LIVED IN MUELLER FLAT SINCE 2017.
I'M A MEMBER OF THE MUELLER FLAT TENANTS ASSOCIATION, WORKING WITH BOSSA TO HELP SUPPORT MY NEIGHBORS IN THIS SITUATION.
I'M NOT HERE BECAUSE STORM YURI WAS A UNIQUE DISASTER.
I'M HERE BECAUSE MUELLER FLATS MANAGED TO CREATE AN EVEN WORST ONE AFTER THE STORM I'M HERE BECAUSE MONTHS LATER, MY WALL IS STILL TORN OUT.
I'M UNSURE EVERY DAY, IF I WILL HAVE RUNNING WATER.
AND IF RUNNING, I'M UNSURE, IF IT WILL GET HOT ENOUGH TO TAKE A SHOWER AND I'M HERE BECAUSE THE BIGGER PROBLEM IS MUELLER FLATS IS JUST AS UNSURE.
IT'S CLEAR THAT WHEN THE STORM HIT, THEY HAD NO PLAN AND STILL DON'T AND ALL THE WHILE WE PAY FULL RENT, OTHER APARTMENT COMPLEXES WITH EXTENSIVE DAMAGE HAVE MANAGED TO MAKE REPAIRS AND COMMUNICATE WITH THEIR TENANTS.
MUELLER FLATS HAS FAILED IN THAT REGARD.
INSTEAD, I HAVE RECEIVED ONE PHONE CALL ABOUT SCHEDULING THE REPAIRS, BUT WHEN I CALL BACK, IT GOES TO VOICEMAIL AND THEN SAYS, THIS NUMBER DOES NOT ACCEPT MESSAGES.
IT'S IMPOSSIBLE TO GET SOMEONE ON THE PHONE.
THEY OFTEN LOCK THE DOOR TO THE RESIDENT SERVICES OFFICE, WHICH FEELS LIKE SOME SORT OF JOKE.
IN THE PAST WEEK, THERE HAVE BEEN FOUR SETS OF PEOPLE SHOW UP TO MY APARTMENT WITH NO NOTICE TO TAKE PICTURES THAT DAMAGE TWICE WHILE ACTUALLY WAS SHOWERING AND PROVIDED NO INFORMATION ABOUT HOW THAT FIT INTO THE REPAIR SCHEDULE.
IT MAY NOT SEEM LIKE MUCH, BUT WAKING UP EVERY WITH THE UNCERTAINTY OF WHETHER MASCULINE CREWS WILL JUST ENTER MY APARTMENT WITHOUT WARNING THE UNCERTAINTY OF WHAT WILL HAPPEN.
WHEN I TURN ON MY CLOSET IN THE MORNING AND SAYING A LITTLE PRAYER BEFORE I TAKE A SHOWER, HOPING IT GETS HOT ENOUGH.
IT TAKES A PSYCHOLOGICAL TOLL.
IT HAS BEEN THAT STRESS EVERY SINGLE DAY, SINCE FEBRUARY 14TH AND WE'LL SEEMINGLY MINOR IT'S DEATH BY A THOUSAND PAPER CUTS.
AND I FOUND MY WORLD IS CONSUMED BY WORRYING ABOUT THE ISSUES IN MY APARTMENT.
I TOOK THESE THINGS FOR GRANTED.
I HAD A FRIEND OVER APRIL 26 AND IT WASN'T UNTIL I WENT TO GET HER A DRINK THAT I FOUND OUT THE WATER WAS TURNED OFF.
I BROKE DOWN CRYING AT MY SINK.
IT'S DEHUMANIZING, AND I DON'T EVEN HAVE IT THAT BAD.
SEEING ALL THE PHOTOS OF THE BLACK MOLD LIKE SUBSTANCES AND THE APARTMENTS AROUND ME.
I WONDER IF THE AIR IS EVEN SAFE FOR ME TO BREATHE.
I FEEL TRAPPED AND UNSAFE IN MY OWN HOME ALL WHILE PAYING FULL RENT AND GETTING NO REAL INFORMATION ABOUT THE PROCESS.
IF WE HAVE TO LIVE DAILY WITH THIS ANXIETY, MUELLER FLAT SHOULD HAVE TO THINK ABOUT AS DAILY AS THEY PAY THE MAXIMUM FINE A THOUSAND DAYS PER DAY, A THOUSAND DOLLARS PER DAY PER VIOLATION.
THEY SHOULD NOT HAVE BEEN GRANTED THE ADDITIONAL 45 DAYS THEY HAVE HAD MONTHS.
PLEASE DO NOT GIVE THEM ANY MORE TIME.
MAYBE IF THEY HAD TO LIVE WITH A LITTLE BIT OF THE STRESS WE LIVE DAY TO DAY, THEY MIGHT BE MORE MOTIVATED TO FIX THE ISSUES WE ARE STILL HERE.
WE ARE STILL WAITING AND ALL THE WHILE WE ARE STILL SUFFERING, PLEASE THINK OF US WHEN YOU TURN ON YOUR FAUCETS AND HOLDS MUELLER FLATS ACCOUNTABLE.
AGAIN, UNFORTUNATELY WE'RE NOT POSTED FOR DISCUSSION OR ACTION TONIGHT.
UM, BUT WE MAY TAKE THIS OFF FOR FUTURE AGENDA ITEMS AT THE END OF THE MEETING.
DO WE HAVE, UH, MARA HEPARIN ON THE LINE? YES.
AND YOU ARE ALSO SPEAKING ON MILLER FLATS.
UM, MY NAME IS MARA HAVE BEEN, AND I'M A RESIDENT AT MUELLER FLAT, AND I'M ALSO A MEMBER OF THE NEW LEFT CLASS TENANTS ASSOCIATIONS.
THE CITY OF AUSTIN CODE DEPARTMENT REGULATIONS CATEGORIZE NO HOT WATER IN A RESIDENCE TO BE URGENT ISSUE NEEDING TO BE RECTIFIED WITHIN 48 HOURS FOR BE CITED AS A VIOLATION.
WE ATTENDED SIMULATOR, BUT HAS BEEN LIVING WITH SEVERE ISSUES TO OUR WATER SYSTEM FOR THREE AND A HALF MONTHS.
THE MANAGEMENT REPEATS OVER AND OVER AGAIN THAT THEY ARE WORKING DILIGENTLY OTHER PROBLEMS. WHILE WE LIVE IN BUILDINGS WITH HOLES IN THE WALLS, BUG INFESTATIONS MOLD, GROWING ON WALLS AND CARPETS AND NO WATER, NO HOT WATER AND INADEQUATE VOLUMES OF WATER ON AN ONGOING BASIS TO ADD INSULT TO INJURY.
THEY'RE SUPPOSED TO DILIGENT EFFORT TO FIX THE PROPERTY APPEARS TO BE LARGELY FOCUSED ON IMPROVING THE IMAGE OF THE PROPERTY TO PROSPECTIVE TENANTS.
THEY ARE FULLY RENOVATED BOTH MANAGEMENT OFFICES AND ARE SEEN WORKING WITH BIGGER ON RENOVATING VACANT UNITS SO THEY CAN BE RENTED OUT SOME NEW TENANTS.
THERE HAS NEVER BEEN AND CONTINUES TO BE NO PLAN TO FIX OUR WATER SYSTEM AT DEALER FLAT.
WHEREAS EVEN THE MANAGEMENT FAIL TO GRASP THEIR LEGAL RESPONSIBILITY, TO PROVIDE SAFE AND HABITABLE CONDITIONS TO THE TENANTS AND DOES NOT FIND IT PROBLEMATIC THAT WE ARE LIVING IN IMPORTANT AND ILLEGAL CONDITIONS FOR MONTHS ON END, AS THE MANAGEMENT STATED THAT THE MOST
[00:15:01]
RECENT BUILDING STANDARDS COMMISSION MEETING, IF LEFT TO THEIR OWN DEVICES, THEIR BEST AND MOST DILIGENT EFFORT WOULD MEAN THE DAMAGE FROM WINTER STORM ERIE WOULD NOT BE FIXED FOR 10 MONTHS.THE MORE TIME THAT MANAGEMENT IS ALLOWED TO KEEP WORKING ON THE PROBLEMS HERE, THE MORE TIME THEY WILL TAKE AT UPCOMING MEETINGS, I URGE THE CODE DEPARTMENT AND THE BUILDING STANDARDS COMMISSION TO IMPOSE ON MUELLER FLATS, A PENALTY OF A THOUSAND DOLLARS PER DAY, PER VIOLATION WITH NO ADDITIONAL GRACE PERIOD FOR REPAIRS.
BASED ON MY EXPERIENCE HERE, I CAN SAY THAT A MANAGEMENT COMPANY THAT DOES NOT CARE ENOUGH TO PROVIDE HOT WATER DEPENDENCE WILL CARE EVEN LESS ABOUT FIXING DAMAGE CAUSED BY THE STORM.
OUR HEALTH AND SAFETY ARE NOT A PRIORITY AND THEY DEEPLY DO NOT GRASP THE NECESSITY OF PROPERLY COMPLETING THESE REPAIRS.
AND AGAIN, AS MENTIONED, WE ARE NOT POSTED FOR DISCUSSION OR ACTION, BUT WE MAY TAKE THIS UP AT THE END OF THE MEETING AS A FUTURE AGENDA ITEM.
UM, MS. ALLEY, DO WE HAVE ANYONE ELSE FOR CITIZEN COMMUNICATION? NO CHAIR.
UM, I THINK THAT WAS ALL, THOSE WERE THE ONLY PEOPLE SIGNED UP FOR CITIZEN COMMUNICATION.
WOULD YOU LIKE TO, UH, MOVE ON TO APPROVAL OF THE MINUTES ON THE MARCH KNOWLEDGE THAT COMMISSIONER GREEN JOHN GREEN IS HERE AS WELL.
AND THEN, UM, YES, I WOULD LIKE TO MOVE ON TO APPROVAL OF THE MINUTES.
SORRY, I JUST HAVE ONE QUESTION.
UM, I'M HERE FOR CITIZEN COMMENT, BUT ON, UH, POSSIBLY A DIFFERENT AGENDA ITEM.
IS THERE, UM, UH, ANOTHER OPPORTUNITY LATER ON A DIFFERENT AGENDA ITEM FOR COMMUNITY? CAN I ASK YOU SPEAKING? THIS IS CARRIE LEAGUE.
YOU'RE NOT SCHEDULED FOR CITIZEN COMMUNICATION.
YOU'RE SCHEDULED FOR PUBLIC COMMENT.
CAN YOU MEET UP DIFFERENT? OKAY.
CONFUSED WHEN IN A FEW MINUTES? UM, YES.
[APPROVAL OF MINUTES]
LIKE TO APPROVE THE MINUTES FOR MARCH 24TH AND APRIL 28TH TONIGHT, AND THEN WE'LL PLACE THE MAY 13TH MINUTES ON THE JUNE AGENDA THAT NEEDS WITH YOUR APPROVAL.UM, SO HOPEFULLY EVERYONE HAS HAD A CHANCE TO READ THROUGH THE MINUTES AND COPY IS AVAILABLE IN OUR READERS.
AND I AM UNABLE TO MAKE A MOTION AS CHAIR.
UM, YES, COMMISSIONER MUELLER.
I MAKE A MOTION THAT WE APPROVE THE MINUTES FOR THE APRIL AND MAY OR NO, BUT THE TWO MEETINGS I CAN'T NOW, I CAN'T SEE THE DATE THAT BEHIND THE WEBEX 24 HOURS, APRIL 28TH, MARCH 24TH AND APRIL 28TH MEETINGS.
THANKS ALL IN FAVOR OF APPROVING THE MINUTES FOR THE BUILDING AND STANDARDS COMMISSIONS, MARCH 24TH, 2021 REGULAR MEETING IN THE APRIL 28TH, 2021 REGULAR MEETING.
UM, PLEASE SAY AYE, AND PERHAPS WAVE YOUR HAND.
AND MR. THOMPSON, WAS THAT AN EYE FROM YOU AS WELL? COMMISSIONER THOMPSON.
ARE YOU STILL WITH US CHAIR? CAN YOU ALSO DOUBLE CHECK WITH, UH, COMMISSIONER SELIG? SO, SO I WAS NOT ON THE COMMISSION AT THE TIME AND I DID NOT ATTEND THOSE MEETINGS.
YOU ACTUALLY, CAN YOU, CAN I NEED YOU TO, IF WE'VE LOST MR. THOMPSON, CAUSE YOU WOULD BE OUR QUORUM FOR THIS.
CAN YOU NOT HEAR ME? WE CAN NOW.
WERE YOU VOTING IN FAVOR OF APPROVING THOSE MINUTES, MR. THOMPSON? YES.
YOU WOULD, YOU WOULD HAVE THE OPTION NOW OF, WELL, YOU ALWAYS HAD THE OPTION OF ABSTAINING.
WELL, BUT SINCE I WAS NOT OFFICIALLY ON THE COMMISSION AT THE TIME AND DID NOT ATTEND THOSE MEETINGS, I DON'T FEEL COMFORTABLE VOTING ON, ON THAT PARTICULAR ISSUE TO ME.
SO YOU WILL USE THAT TO UPSTATE AND THAT'S AN OPTION.
SO THAT WAS SIX IN FAVOR AND ONE ABSTAIN.
UM, ALL RIGHT, MS. ELLIE, IT LOOKS LIKE WE'LL BE MOVING ON
[PUBLIC COMMENT]
TO PUBLIC COMMENT.WE HAVE FOUR PEOPLE SIGNED UP THREE PEOPLE SIGNED UP FOR PUBLIC COMMENT REGARDING 1907 CLIFF STREET.
WHICH IS AGENDA ITEM NUMBER FOUR.
I'M VERY CONFUSED BECAUSE WE ALSO HAVE REGISTERED SPEAKERS SPEAKING ON AGENDA ITEMS. THOSE ARE, UM,
[00:20:01]
PROPERTY REPRESENTATIVES AND OWNERS.THESE ARE PEOPLE SIGNED UP FOR PUBLIC COMMENT WHO ARE NEIGHBORS.
SO, UH, CARRY A LEAGUE IF YOU ARE WITH US, IF YOU'D LIKE TO GO AHEAD AND SPEAK ON AGENDA ITEM NUMBER FOUR, WHICH IS 1907 CLIFF STREET.
I LIVE ACROSS THE STREET FROM NINE OH SEVEN CLIFF STREET.
IT, UH, OUR NEIGHBORHOOD, OUR STREET HAS SEVERAL BEAUTIFUL HISTORIC HOUSES ON IT.
AND NINE OH SEVEN WOULD BE ONE OF THOSE BEAUTIFUL HISTORIC HOUSES GALECKI THAT THIS HOUSE HAS SUFFERED, MAKES THE NEIGHBORHOOD FEAR THAT EVERY YEAR THAT PASSES, UH, MAKES IT LESS LIKELY THAT THIS HOUSE CAN EVER BE RESTORED.
UM, MS. SANCHEZ, UM, HAS FILLED THE HOUSE TO THE RAFTERS, UH, WITH HOARDED THINGS AND CONTINUES TO FILL THE YARD WITH, UH, EVERYTHING THAT SHE FINDS AND BRINGS HOME.
UM, UH, THIS IS NOT THE ONLY PROPERTY THAT SHE OWNS.
SHE OWNS, UM, I BELIEVE SIX OTHER PROPERTIES AROUND TOWN, INCLUDING A BEAUTIFUL HOUSE ON 22ND AND A HALF STREET, WHICH IS WHERE SHE LIVES.
THAT WAS REMODELED AT A COST OF $900,000.
UM, JUST, UH, I THINK SEVEN OR EIGHT YEARS AGO.
UM, SO THIS IS NOT HER PRIMARY RESIDENCE.
IT'S NOT EVEN ONE OF JUST A FEW HOUSES THAT SHE OWNED.
I BELIEVE SHE OWNED SIX HOUSES.
AND, UM, AS I SAY, UH, THE CITY HAS COME TO CLEAR OUT THE YARD THREE TIMES SINCE I'VE LIVED THERE TAKING AWAY 24 TRACTOR TRAILER LOADS FULL OF GARBAGE, JUST FROM THE YARD, NOT FROM THE HOUSE, THIS HAS HAPPENED THREE TIMES AND EVERY TIME THEY FINISHED, UM, SHE JUST BEGINS TO FILL IT UP AGAIN.
AND THE YARD IS FULL OF CONTAINERS THAT COLLECT WATER AND BREED THE MOSQUITOES.
UM, THE HOUSE, UH, IS HOME TO ALL MANNER OF RATS AND WILD ANIMALS.
AND I'M NOW GIVEN TO UNDERSTAND, UM, SQUATTERS.
UM, AND AS I SAY EVERY YEAR, THAT GOES BY, THERE'S LESS HOPE THAT THIS HOUSE CAN BE RENOVATED.
I UNDERSTAND THAT SHE HAS RACKED UP HUGE AMOUNTS OF FINES FROM THE CITY.
AND, UH, FRANKLY, I JUST SIMPLY CAN'T UNDERSTAND WHY THE CITY CANNOT COMPEL HER TO SELL THIS HOUSE.
THAT IS ONLY ONE OF HER MANY PIECES OF REAL ESTATE IN TOWN IN ORDER TO PAY HER FINES AND GIVE THE NEIGHBORHOOD HOPE THAT SOMEBODY MIGHT ACTUALLY BE ABLE TO FIX UP THIS HOUSE BEFORE IT'S TOO LATE.
AND DO WE HAVE LESLIE TAYLOR ALSO SPEAKING ON THE SAME AGENDA ITEM? THE SAME PROPERTY SHOULD BE, I MEAN, TO KNOW, YEAH, I'M LIVING ON THE PROPERTY ADJACENT TO 1907 CLIPS STREET.
UM, I HAVE MANY OF THE SAME CONCERNS AS CARRIED US.
I WON'T REPEAT, REPEAT ALL OF THEM, BUT, UH, JUST YESTERDAY WE HAD PEST CONTROL FOLKS OUTSIDE OUR PROPERTY BECAUSE WE HAVE A SEVERE CARPENTER ANT PROBLEM.
AND I LIVE IN A HISTORICAL LANDMARK HOME AND YEAH, THE PEST CONTROL GUY CAME OUT.
HE'S LIKE, I CAN TREAT YOUR CARPENTER ANT, HOWEVER, FIVE FEET AWAY, YOU HAVE THIS BAMBOO JUNGLE WITH DEBRIS AND, UH, TREES AND LOGS AND ALL KINDS OF STUFF.
SO ANYWAY, TREATING OUR HOME IS ONE THING, BUT WE HAVE A VACANT DERELICT HOME RIGHT NEXT TO US THAT, UH, AS OF RECENTLY WE'VE CAUGHT, UM, SQUATTERS ON.
AND, UM, THERE, MY OTHER CONCERN IS THAT THERE IS A LARGE, UH, IT LOOKS LIKE AT ONE POINT THE OWNER WAS TRYING TO BUILD A POOL IN THE BACK OF HER PROPERTY, BUT IT HAS BEEN, UM, LEFT AND NEGLECTED AND THAT LARGE, UH, SUNKEN HOLE FILLS WITH WATER.
SO THERE'S ALSO THE CONCERN THAT THE NEIGHBORHOOD CHILDREN THAT LIVE IN PLAY IN THE RAVINE, UM, ADJACENT TO MARY'S PROPERTY COULD POTENTIALLY DROWN IN THIS, UH, SIX FOOT BY FOUR FOOT
[00:25:01]
POOL.THAT'S BEEN DESERTED AND LEFT.
AND AS OF RECENTLY, WE HAVE SEEN, UM, INDIVIDUALS COME IN AND COMING AND GOING FROM THE BACK OF THE PROPERTY, UH, SQUATTING ON THE PROPERTY.
AND THEN THE OTHER MAJOR CONCERN MY HUSBAND AND I HAVE IS THAT THERE'S A HUGE FIRE HAZARD WITH ALL OF THE, UM, LOGS AND FIREWOOD AND TO BREATHE THAT HAS COLLECTED ON HER PROPERTY AND THE VERY THICK BAMBOO FOREST THAT SHE'S ALLOWED TO, UM, GROW, UM, UNKEPT ON THE BACK OF OUR PROPERTY.
AND THEN AGAIN, ALL OF THE ITEMS THAT HAVE BEEN FILLED TO THE RAFTERS INSIDE OF HER HOUSE, YOU KNOW, OUR CONCERN IS THAT IF SOMEBODY IS SQUATTING IN THE HOME AND THEY STRIKE A MATCH, THERE'S A HUGE FIRE HAZARD, JUST SEND FEET FROM OUR HISTORICAL LANDMARK PROPERTY THAT WE OWN.
THANK YOU, MS. TAYLOR, AND, UH, JET BUTLER.
I WASN'T CERTAIN IF YOU WERE GOING TO SPEAK OR NOT, BUT, UM, IF YOU ARE ON THE LINE AND WOULD LIKE TO SPEAK, PLEASE, PLEASE DO SO.
HE ALLOWS ME TO SPEAK FOR THE TWO OF US.
SINCE SAY HE ALLOWED ME, BUT WHATEVER.
UM, MS. ALLIE, I BELIEVE WE ARE READY TO PROCEED TO ITEM NUMBER ONE ON THE AGENDA CHAIR.
I DON'T BELIEVE WE HAVE ANYONE ELSE FOR CITIZENS, COMMUNITY FOR PUBLIC COMMENT.
WOULD YOU LIKE TO MOVE ON TO THE AGENDA ITEMS? YES.
I THOUGHT IT SAID THAT THAT MAYBE YOU DIDN'T HEAR ME MAYBE SPEAKING TO SOMEONE HERE.
UM, WE ARE READY TO HEAR ITEM NUMBER ONE.
[1. Case Numbers: CL 2021-061291 Property Address: 2347 Douglas Street, Unit 2101, aka known as Douglas Landing / Owner: Douglas Street Landing, Ltd. Staff Presenter: Erica Thompson Staff Recommendation: Repair commercial multi-family structure]
THE FIRST ITEM ON THE AGENDA IS REGARDING 2347 DOUGLAS STREET UNIT 2101, WHICH IS PART OF A MULTIFAMILY PROPERTY.ALSO KNOWN AS DOUGLAS LANDING.
THE CASE NUMBER IS 21 IS CL 21 2021 ZERO SIX ONE SIX FOUR TWO STAFF EXHIBITS FOR THIS CASE CAN BE FOUND IN THE YELLOW BOOK IN THE GOOGLE DRIVE FOLDER.
AND LET ME GO THROUGH A FEW FACTS ABOUT THE CASES IS AN EXISTING, THE EXISTING SUBSTANDARD, MS. MS. ALLIE, I'M SORRY, ADAM, THE CITY HALL.
I BELIEVE WE ARE LOOKING AT THE WRONG THING RIGHT NOW.
IT'S THE YELLOW BOOK DOUGLAS STREET.
THE EXISTING SUBSTANDARD CONDITIONS OF THIS STRUCTURE ARE THE RESULT OF THE WINTER STORM IN FEBRUARY EXHIBIT ONE CONTAINED TO CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP MAPS OF THE PROPERTY, THE COMPLAINING CASE HISTORY, THE REQUIRED NOTICE OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS OF THE PROPERTY AS WELL AS CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR, ERICA THOMPSON IS CURRENTLY ASSIGNED TO THIS CASE AND WILL NOW PRESENT PHOTOS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
I AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS.
PLEASE BEGIN YOUR TESTIMONY GETTING COMMISSIONERS.
I'M A CODE ENFORCEMENT OFFICER WITH THE CITY OF AUSTIN.
I'M HERE TO DISCUSS THE DOUGLAS LANDING APARTMENTS LOCATED AT 2347 DOUGLAS STREET, SPECIFICALLY UNIT 2101.
THIS CASE WAS ORIGINALLY ASSIGNED TO INSPECTOR HOWARD.
HOWEVER, HE COULDN'T MAKE IT THIS EVENING.
SO I'LL BE PRESENTING THE CASE ON MARCH 16TH, 2021.
THE CODE DEPARTMENT RECEIVED A COMPLAINT FOR STRUCTURAL ISSUES AFTER THE STORM ON MARCH 17TH AND INSPECTION WAS PERFORMED BY INSPECTOR HOWARD.
WHEN THE FOLLOWING VIOLATIONS WERE OBSERVED, PROPERTY, PROPERTY MAINTENANCE CODE THREE OH 5.34 INTERIOR STRUCK SURFACES, AND THIS INCLUDED, DAMAGED AND PATCHED AREAS OF THE KITCHEN CEILING, A KITCHEN DRAWER, AND SOME CABINETS IN THE KITCHEN.
A NOTICE OF VIOLATION WAS ISSUED ON MARCH 17TH.
DURING REPAIRS, THE TENANTS WERE HOUSED IN A HOTEL FOR A SHORT PERIOD OF TIME AND THEN PLACED IN NEW APARTMENTS.
THE COMMUNITY MANAGER, REGINA RAMOS ADVISED THAT THIS UNIT WOULD NOT BE OCCUPIED UNTIL ALL THE REPAIRS WERE MADE DURING THE FOLLOW-UP INSPECTION BY HOWARD ON APRIL 14TH, HE OBSERVED LARGE PORTIONS OF DRYWALL REMOVED FROM THE INTERIOR.
HE INFORMED THEM THAT THEY WOULD NEED A PERMIT FOR THE
[00:30:01]
WORK I CONDUCTED A FOLLOW-UP INSPECTION ON MAY 24TH, AND THE UNIT STILL HAD MISSING DRYWALL, ALL THE PLUMBING, FIXTURES AND APPLIANCES REMOVED AND ALL THE FLOORING AND BASEBOARDS REMOVED.I QUERIED THIS CITY'S PERMITTING DATABASE AND WAS UNABLE TO LOCATE A PERMIT FOR THIS PROPERTY.
I SPOKE TO PATRICIA HENDERSON IN THE OFFICE AND EXPLAINED THAT THEY STILL NEEDED TO OBTAIN PERMITS FOR THE UNIT.
AND SHE SAID THEY WERE WORKING ON IT ON MAY 25TH.
A BUILDING PERMIT WAS ISSUED FOR THE REPLACEMENT OF THE DRYWALL FOR THIS UNIT.
I WILL NOW TAKE YOU THROUGH THE PHOTOS LABELED TWO EIGHT THROUGH TWO.
UM, PHOTO TWO, A, UM, SHOWS YOU THE ADDRESS, UM, OF THE PROPERTY AT DOUGLAS LANDING.
NEXT PHOTO PHOTO TWO B SHOWS YOU THAT WE WERE AT UNIT 2101 DURING THIS INSPECTION NEXT PHOTO PHOTO TO SEE.
SO IN YOUR UP PATCH JOB THAT WAS DONE ON THE CEILING, UM, AFTER THEY REPAIRED THE LEAK UP THERE, NEXT PHOTO PHOTO TWO, D'S EXHIBITING THE DAMAGED CABINETS IN THE KITCHEN.
NEXT PHOTO PHOTO TWO E IS ALSO SHOWING, UM, BEHIND THE PLUMBING, THE DRYWALL WAS REMOVED BACK THERE TO GET TO A LEAK.
NEXT PHOTO OH TWO F SHOWS A NOTHER DAMAGED CABINET ABOVE THE STOVE TOP NEXT PHOTO PHOTO TWO G SHOWS FOLLOW UP PHOTOS.
AND WHEN I RETURNED, UM, ON MAY 24TH THAT SHOWS THE SHEET ROCK REMOVED AND APPLIANCES, ALL CABINETS REMOVED.
THIS IS ANOTHER VIEW OF THE KITCHEN TO SHOW THAT THAT WHOLE ENTIRE WALL OF SHEET ROCK HAS BEEN REMOVED.
THIS IS A DIFFERENT ANGLE SHOWING THE KITCHEN AND SOME OF THE LIVING ROOM OVER THERE ON THE LEFT-HAND SIDE OF SHEET ROCK REMOVED.
AND THAT IT'S MY PRESENTATION I'M AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS UNIT OF THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS, STAFF ASSET COMMISSION, TO ADMIT EXHIBIT ONE, WHICH INCLUDES THE NOTICES OF VIOLATION OWNERSHIP INFORMATION FROM THE TRAVIS CENTRAL APPRAISAL DISTRICT NOTICES OF HEARING STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS AND EXHIBIT TWO EIGHT THROUGH TO I, WHICH ARE PHOTOS OF THE PROPERTY STAFF REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND ORDER THE FOLLOWING REQUIRE THAT THE OWNER OWNER'S REPRESENTATIVE COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED, OBTAIN, AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL SIDE OF VIOLATIONS TO UNIT 2101 OF THE COMMERCIAL MULTI-FAMILY STRUCTURE RE REQUEST INSPECTIONS FROM AUSTIN CODE, VERIFY COMPLIANCE AND TWO ON THE 46 DAY, IF 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 THE ASSESSMENT UNTIL PAID IN FULL CHAIR.
SO I WILL GO AHEAD AND ADMIT, UH, STAFF EXHIBITS ONE AND TWO A THROUGH TWO I, AND IT APPEARS WE HAVE A NUMBER OF PEOPLE SIGNED UP, UH, AS REPRESENTATIVES OF THE PROPERTY.
I'M SEEING FIVE PEOPLE I'LL LIST OFF YOUR NAMES.
AND, UM, I DON'T KNOW WHO WANTS TO GO FIRST, BUT, UH, I'LL LIST THE NAMES AND YOU CAN ALL, LET ME KNOW.
WE HAVE WAYNE THAI, MARK MOLDOVAN, PETE MARTINS, DAVID KING, AND BRIAN SCHNEIDER WOULD, WHO WOULD LIKE TO SPEAK UP OR GO FIRST SEVERAL PEOPLE AT ONCE.
IT COULD GET VERY NOISY IF WE MIGHT WANT TO JUST DO ONE AT A TIME.
UM, WAYNE THAI, WOULD YOU LIKE TO SPEAK
[00:35:01]
UP AND GO FIRST? OH, UM, CAN Y'ALL HEAR ME NOW? YES, WE CAN.UM, SO WE HAVE MR. KING ON, UH, HE, I WOULD LIKE TO HAVE MR. KING START OFF, UH, THE, UH, RESPONSES.
DAVID KING SHOULD BE ON NOT A PERIOD.
CAN YOU HEAR ME? YES, WE CAN PLEASE GO AHEAD.
I WAS, I MUST'VE BEEN ON MUTE SOMEHOW.
UH, THIS IS DAVID KING, UH, FOR THE OWNER.
I'M A LAWYER AT ARMERSON BROWN AND, UH, I BELIEVE EVERYBODY WHO, UH, YOU ANNOUNCED IS PRESENT EXCEPT FOR BRIAN SCHNEIDER.
AND, UH, AND SO JUST TO INTRODUCE THE FOLKS WHO ARE HERE, WAYNE, TY AS VICE PRESIDENT OF THE OWNER, UH, PETE MARTINS IS, UH, WITH THE MANAGEMENT COMPANY AND MARK MOLDOVAN, UH, WORKS FOR THE CONTRACTOR BELFOUR, WHICH WAS HIRED TO DO THE REMEDIATION WORK.
UM, AND, AND I'LL GO AHEAD AND, UH, I'LL CALL MR. TY AND, UH, MR. MOLDOVAN TO GIVE A LITTLE OVERVIEW OF THE HISTORY, BUT JUST AS A, A PREVIEW, UH, IF I MIGHT, UH, THIS UNIT IS NOT OCCUPIED, IT THERE'S NO A RESIDENT WHO'S GOING TO BE MOVING BACK INTO IT.
IT'S AN UNOCCUPIED UNIT THAT IS JUST OWNED BY THE OWNER.
IT WAS DAMAGED IN THE WINTER FREEZE.
UH, PIPES WERE, UH, WERE BURST AND THERE WAS WATER DAMAGE.
AND OF COURSE THE DRYWALL HAD TO COME OUT BECAUSE OTHERWISE YOU WOULD HAVE MOISTURE AND IT WOULD GROW MOLD.
AND SO THE DRYWALL WAS REMOVED, UH, AS, UH, YOU ALREADY HEARD, UH, THE, IN THE INSPECTOR WHO SAW THE WALLS PULLED OUT BECAUSE THE DRYWALL HAD TO BE PULLED OUT, UH, SAID THAT THE OWNER NEEDED TO GET A PERMIT AND ADVISE THE OWNER THAT, UH, IF, IF WE'RE ABLE TO GET A PERMIT FOR THE DRY WALL WORK FOR THIS ONE UNIT, BY THE WAY, THIS IS A SINGLE VIOLATION FOR A SINGLE UNIT.
UH, IF WE OBTAIN THAT PERMIT, THEN, UH, WE'D BE ABLE TO, UH, CURE THE ISSUE AND BE ABLE TO MOVE ON AND DO A REMEDIATION WORK.
AS YOU ALSO HEARD, UH, THAT PERMIT HAS BEEN ISSUED, UH, THAT'S PERMIT NUMBER 2021 DASH ZERO SEVEN EIGHT SEVEN THREE ONE, BP A.
AND SO THERE, THERE IS A PERMIT TO DO THE WORK.
THERE IS A RESTORATION COMPANY THAT HAS LONG BEEN ENGAGED TO, TO CONTINUE TO DO THE WORK TO COMPLETION, UH, AND, UH, AND WE HOPE TO FINISH IT AS SOON AS POSSIBLE.
AND, AND IF I MIGHT NOW, I'LL, I'LL JUST CALL, UH, MR. TY TO GIVE A LITTLE BIT OF AN OVERVIEW, UH, FROM THE OWNER'S PERSPECTIVE, IF I COULD, YES, PLEASE.
I N D LIKE DAVID SAID, I AM THE VICE PRESIDENT OF ASSET MANAGEMENT FOR THE OWNERSHIP GROUP.
UH, THIS ONE UNIT WAS DAMAGED DURING THE UNFORTUNATE WINTER THREE STORM THAT OCCURRED SOMETIME IN JUNE THE SECOND AND THIRD WEEK OF FEBRUARY.
UM, IMMEDIATELY AFTER THE STORM PIPE BURST WATER DAMAGED THE UNITS, UH, WE HAD MADE ARRANGEMENTS FOR BELFOR, UH, AND OTHER CONTRACTORS TO IMMEDIATELY START SOME EMERGENCY WORK, THE EMERGENCY WORK, WHICH WAS TO, UH, REPAIR IMMEDIATE WATER BURST AND SUBSEQUENT TO THAT, UH, REMEDIATION REMOVAL OF WET MATERIALS TOOK PLACE IMMEDIATELY AFTER THE STORM THAT STARTED SOMETIME IN THE LATER PART OF FEBRUARY AND IS ONGOING.
UH, SO THE PICTURES DEPICTED, UH, BY, UH, MS. THOMPSON THAT IS OF THE WORK IN PROGRESS OF PICKING OUT WHAT MATERIALS, LETTING THE INTERIOR WALLS DRY, UM, AND AWAITING THE INSURANCE COMPANY TO FINALIZE HER SCULP AND WORK WITH BELFOR AND US TO FINALIZE WHAT NEEDS TO BE DONE, WHAT IS GOING TO BE COVERED AND MOVE ON WITH THE REPAIR PORTION.
UH, WE WERE NOTIFIED BY A HOWARD WHEN HE VISITED THAT THE INTERIOR CONDITION, UH, NEEDS TO BE REPAIRED AS QUICKLY AS POSSIBLE.
BUT HOWEVER, AS WE WERE STILL WAITING FOR THE INSURANCE COMPANY TO FINALIZE THOSE SCULPT, AND AS OF THIS WEEK, UM, WE STILL HAVE NOT RECEIVED THEIR SCOPE.
UH, WE ARE NOT ABLE TO MOVE FORWARD WITH THE REPAIRS UNTIL THE SCOPE AND THE AMOUNT COVERED
[00:40:01]
OR KNOWN INSPECTOR HOWARD ASKED US TO, UH, IN THAT CASE, PULL A SINGLE UNIT DRYWALL PERMITS.UH, I ASKED MARK WITH BELFOR RESTORATION COMPANY TO SPEAK WITH THE CITY TO DO SO.
HOWEVER, HE WAS ADVISED BY THE COMMERCIAL DEVELOPMENT AND PERMITTING DEPARTMENT THAT A SINGLE UNIT IN OUR CASE IS NOT APPROPRIATE.
UH, BUT WHEN WE GOT THE NOTICE OF THE HEARING, UH, I WENT AND I APPLIED FOR A SINGLE USE PERMIT, A SINGLE DRYWALL PERMIT, WHAT IS ONE UNIT AND OBTAINED IT ON THE 25TH, BUT THAT MAY BE DUPLICATIVE BECAUSE PER WHAT THE CITY'S COMMERCIAL DEVELOPMENT AND PERMITTING DEPARTMENT LET MARK APP BELFER KNOW IS WE NEED AN OVERALL PERMIT AND OVERALL BUILDING PERMIT THAT COVERS ALL DAMAGED UNITS.
UH, MARK IS WORKING WITH THAT DEPARTMENT THIS WEEK IN OBTAINING THAT THEY WERE SUPPOSED TO MEET.
UH, I WOULD LET MARK SPEAK MORE ON TO THAT POINT, UH, BECAUSE I, I W I AM NOT THE PERSON MEETING WITH THE CITY'S DEPARTMENT, UH, TRYING TO OBTAIN THE OVERALL PERMITS, BUT TO PUT EVERYBODY OR SHIRT, WE ARE TRYING TO GET THE UNIT REPAIRED AS QUICKLY AS POSSIBLE.
HOWEVER, THE BOTTLENECK HAS BEEN WITH THE INSURANCE COMPANY.
MARCO, WOULD YOU LIKE TO GIVE US A, UM, STATUS OF WHERE BELFER IS AT, IN TERMS OF REMEDIATION AND PULLING THE PERMIT? WHAT ELSE NEEDS TO BE DONE? AND THE APPROXIMATE TIMELINE, MARK.
JOHN, CAN YOU HEAR ME? CAN YOU HEAR ME? HELLO? WE CAN HEAR YOU.
I'M WITH BELFOR PROPERTY RESTORATION.
SO WE DID THE MEDIATION AND I HAVE SPOKEN TO MARLIN HARTMAN WITH THE CODE.
HE'S THE BUILDING OFFICIAL DOWN THERE AT THE CITY OF AUSTIN.
HE, HE GOT ME IN TOUCH WITH, UH, J WHICH IS THE INSPECTOR FOR DOUGLAS LANDING YESTERDAY.
UH, THE QUESTION WAS IF WE'RE GOING TO HAVE TO PROVIDE PLANS.
SO ACCORDING TO MY CONVERSATION WITH JAY YESTERDAY, UM, TO OBTAIN THE BUILDING PERMIT, WE WILL NOT HAVE TO HAVE PLANS.
UH, WE, HE DOES WANT US TO GO AHEAD AND, AND HAVE, UH, THE BLANKET PERMIT AND INCLUDE THE PLUMBING.
UH, IF THERE'S A HOT WATER TANK THAT'S BEEN AFFECTED, IT'S GOING TO HAVE TO BE RE-INSTALLED.
UH, HE WANTS THAT ALSO INCLUDED IN THIS PORTION OF THE BUILDING PERMIT.
SO WE WERE IN THE PROCESS AND, UH, I, I LIKE TO JUST, UH, PIGGYBACK ON THE, YEAH, WE ARE WAITING THE INSURANCE COMPANIES.
WHAT HAPPENS WHEN, WHEN YOU HAVE A CAT, A CAT LOSS IS INSURANCE COMPANIES HIRE A LOT OF CONSULTANTS AND THE CONSULTANTS THAT ARE THE ONES THAT THEY WALK, THE PROPERTIES THEY GO THROUGH.
AND THEY, THEY USE A SYSTEM CALLED EVACUATE, WHICH THEY COME UP WITH THE SCOPE OF WORK.
THAT'S WHAT, UH, WHAT WE'RE WAITING ON TO START, AND THAT THAT'S ALL THE FINAL NUMBERS AND DETAIL OF WHAT THE, HOW MUCH THE INSURANCE WAS GONNA PAY AND, AND, AND MAKE SURE IT'S REAL IMPORTANT JUST TO MAKE SURE EVERYTHING'S COVERED BEFORE YOU START.
SO HOPEFULLY, UH, I DID TALK TO, UH, JEFF WITH TRAVELERS.
UH, HE'S HOPING TO HAVE THAT THIS FRIDAY FROM THEM.
UM, SO HOPEFULLY WE'LL BE ABLE TO START HERE AFTER THE HOLIDAY AND GET THE BALL ROLLING WITH THE PERMIT AND EVERYTHING ELSE.
AND MR. MALDEN VAN, THIS IS DAVID KING.
CAN I ASK YOU, IS IT, IS IT FORESEEABLY POSSIBLE TO FINISH ALL THE WORK IN 45 DAYS, GIVEN THAT WE'RE STILL WAITING FOR INSURANCE TO APPROVE? YEAH, SO TYPICALLY ONCE, UH, ONCE THE SHIRT'S APPROVED, IT'S GOING TO TAKE A COUPLE OF DAYS JUST TO GO THROUGH IT'S, IT'S MUCH MORE THAN JUST, WE CAN LOOK AT THIS ONE AND MAYBE DO A SEPARATE CONTRACT OF THIS ONE, BUT TO DO THE PROCESS, UH, IT IS TAKEN, YOU KNOW, FOUR TO SIX WEEKS TO GET CABINETS ORDERED.
UH, ONCE, ONCE WE PULL THE TRIGGER ON CABINETS, AND OBVIOUSLY THIS ONE HAS SOME CABINET ISSUES, UH, TO DRYWALL, IT'S GOING TO TAKE 10 DAYS FROM THE TIME YOU, YOU HANG, HANG THE DRYWALL, YOU DO HAVE TO FINISH IT.
USUALLY THAT TAKES 10 DAYS, UH, WORKING DAYS.
WE DO HAVE, WHAT'S NICE WITH BALFOUR.
I MEAN, WE, WE ARE THE LARGEST RESTORATION COMPANY.
WE'VE GOT RIGHT NOW, 80 PEOPLE FROM HOUSTON, UH, THAT ARE SKILLED LABORS, UH, THAT ARE ON OTHER JOBS.
NOW THAT WE WERE, WE'RE GOING TO USE THAT FOR THIS JOB, ONCE IT, ONCE WE PULLED THE TRIGGER.
SO MANPOWER WON'T BE AN ISSUE.
WE'VE ALSO, WE PURCHASED THAT, OH, SHOOT, 30,000 SHEETS OF DRYWALL THAT WE HAVE IN THE STORAGE UNIT.
SO WE HAVE THE MATERIAL AND CAPABILITY OF DOING IT, BUT TO GET IT DONE IN 45 DAYS, IT'S GOING TO BE TOUGH.
IT'S JUST, IT'S ALL ABOUT MANPOWER RIGHT NOW.
SO DID I ANSWER YOUR QUESTION, DAVE? YES.
AND HOW LONG HAVE YOU BEEN ENGAGED, UH, TO DO THIS WORK? UH, BY
[00:45:01]
THE OWNER? IT HAS NOT.YOU'VE BEEN ENGAGED FOR SOME TIME, CORRECT? YEAH.
BACK IN, UH, EARLY, WE WERE THE ONES THAT DID THE MITIGATION.
SO WE'VE BEEN TALKING SINCE THEN ABOUT DOING IT? CORRECT.
SO FROM THAT MARCH END OF FEBRUARY, YEAH.
EARLY MARCH AND THE FEBRUARY, MARCH, RIGHT.
AND THERE HAS NOT BEEN A LACK OF DILIGENCE ON YOUR END.
IT'S JUST THE ISSUE OF THE BOTTLENECK OF THE INSURANCE.
AND THAT'S REALLY THE ONLY HURDLE OTHERWISE YOU'VE BEEN PROCEEDING AS QUICKLY AS POSSIBLE TO GET IT REMEDIATED, CORRECT? YES.
AND JUST SO WE'RE CLEAR, THIS IS FOR A SINGLE UNIT, BECAUSE THERE'S ONLY ONE, UH, YOU TALKED ABOUT OTHER UNITS, BUT TODAY WE'RE TALKING ABOUT ONE SINGLE UNIT, UH, 21 ZERO ONE.
UM, UH, THAT'S THE UNIT THAT SAID ISSUE, CORRECT? YEAH, THAT'S CORRECT.
ANYTHING ELSE FROM, UH, MR. KING OR MR. MOLDOVAN OR MR. TY? NO, I'LL JUST, JUST IN CLOSING THOUGH, I'LL JUST, UH, UH, NOTE THAT, UH, IN LIGHT OF THESE CIRCUMSTANCES WHERE THERE HAVE BEEN DILIGENT EFFORTS AND UNDER, UH, WHAT WAS, UH, A HARROWING SITUATION FOR ALL WHERE PIPES WERE BURSTING ALL OVER THE PLACE.
AND THIS IS, WE'RE TALKING ABOUT A SINGLE UNIT WITH NO RESIDENTS WHO WERE TRYING TO GET BACK INTO IT.
UH, AND WE, THERE HAS BEEN DILIGENT EFFORTS SINCE FOUR MONTHS SINCE MARCH TO GET THIS REMEDIATED.
AND THE ONLY ISSUE IS, IS INSURANCE.
AS THE INSPECTOR ASKED THE OWNER TO DO THE PERMIT IS IN PLACE.
UH, WE THINK IT IS, UH, WOULD BE PUNITIVE TO IMPOSE A 40 DAY 45 DAY DEADLINE, AND THEN START FINDING THE OWNER.
UH, THEY'RE JUST DOING EVERYTHING THEY CAN.
UH, AND THIS ONLY INVOLVES ONE UNIT, UH, TO THE EXTENT THERE'S OTHER DAMAGE.
UH, THE OWNER IS OF COURSE REMEDIATING THAT AS WELL, BUT THAT'S NOT BEFORE THE COMMISSION TODAY.
UH, WE'RE TALKING ABOUT A SINGLE UNOCCUPIED UNIT.
THANK YOU, MR. KING, UM, FELLOW COMMISSIONERS.
DO YOU HAVE QUESTIONS FOR THE PROPERTY REPRESENTATIVES OR FOR OUR CODE INSPECTOR? UH, YES.
SO AS WERE REPEATEDLY UNOCCUPIED WHO WAS LIVING THERE AT THE TIME WHEN THE PIPES BURST, WHERE IS THAT RESIDENT NOW? RIGHT.
AND I'LL LET THE, UH, THE OWNER'S REPRESENTATIVE, UH, CORRECT ME IF I'M WRONG ON IT.
I UNDERSTAND THAT THE, THE TENANT WHO WAS IN THAT UNIT WAS MOVED TO A NON DAMAGED UNIT AND IS IN, IS THAT'S THEIR THAT'S THEIR RESIDENCE.
AND SO THERE'S, THERE'S NO TENANT WHO IS SUPPOSED TO GO BACK INTO THE UNIT, THE TENANT WHO WAS THERE HAS BEEN MOVED TO A, TO A NON DAMAGED UNIT, BECAUSE WE DON'T WANT TENANTS IN A UNIT THAT HAS NO DRYWALL.
WELL, THAT'S OBVIOUS, BUT WHAT HAPPENED TO ALL THEIR BELONGINGS? WERE THERE EVER, WERE THEY DAMAGED AS WELL BECAUSE OF THE PIPES BURST? NOT THAT I'M AWARE OF.
THAT'S NOT, CERTAINLY NOT BEFORE.
THAT'S NOT AN ISSUE THAT'S BEFORE THE COMMISSION TODAY.
UM, I UNDERSTAND THAT THE TENANT HAS BEEN, HAS MOVED TO, UH, TO AN UNDAMAGED UNIT, INCLUDING THEIR
I THOUGHT I SAID THEY MOVED TO A HOTEL, NOT ANOTHER UNIT.
THEY MOVED TO A HOTEL ACROSS TOWN.
UH, MY UNDERSTANDING, AND I'LL LET MR. TY WEIGH IN.
IF I'M INCORRECT ON THAT, I UNDERSTAND THAT THE TENANT IS IN A PERMANENT UNIT, NOT IN A HOTEL.
WE'LL TELL A SUB FOR RESIDENTS WHO WE ARE ABLE TO RELOCATE.
WE HAVE RELOCATED AND OTHER RESIDENTS, IF WE DON'T HAVE SPACE, UH, UNFORTUNATELY PER THE INSURANCE, WE WOULD HAVE TO, UH, LET THEM OUT OF THEIR LEASE.
UH, BUT IN THIS CASE, I BELIEVE THIS TENANT DID RELOCATE TO ANOTHER UNIT.
SO THIS EMAIL WENT OUT IN MARCH 19, 4:35 PM.
RON PATRICIA HENDERSON, SANDALWOOD MANAGEMENT, THE HOWARD LAMOTT, HOWARD TEX.GOV.
THAT IS THAT A RESIDENCE IS STAYING AT THE HOTEL AT THE EXPENSE OF DOUGLAS LANDING.
THERE WAS RUNNING WATER, EVEN THOUGH YOU'RE TELLING ME THAT THEY'VE BEEN MOVED FROM THE, SO SIR, INITIALLY WE
[00:50:01]
DID PLACE RESIDENTS, UH, VARIOUS RESIDENTS AT HOTELS, BUT WHEN IT BECAME APPARENT THAT THESE UNITS ARE DAMAGED TO EIGHT, UH, CONDITION WHERE WE CANNOT REASONABLY REPAIR THEM IN A MATTER OF A WEEK OR SO, UH, WE DID NOT.WE, UM, LET THEM KNOW THAT ONE, WE EITHER COULD RELOCATE THEM.
IF WE HAVE SPACE OR TWO, WE WILL UNFORTUNATELY HAVE TO LET THEM OUT OF THEIR LEASE.
SO INITIALLY, IF THEY WERE PLACED IN HOTELS, WE DID PICK UP THE COST.
UH, BUT AFTER SPEAKING WITH INSURANCE, AFTER SPEAKING WITH, UH, OUR CONTRACTOR, IT'S GOING TO TAKE SOME TIME, UH, WE, WE EXERCISE PART OF THE LEASES CLAUSE THAT, UH, THAT ALLOWS US AND A TENANT, UH, TO BREAK THE LEASE.
I SAID, HE BROKE WITH ME TELLING ME ONE THING AND THEN TELLING ME THAT YOU WERE THERE, THERE WERE 19 UNITS INVOLVED.
I THINK COMMISSIONER MILLER ASKED HER QUESTIONS IF WE, YEAH.
THIS IS KIND OF FOLLOWING ON THE SAME TOPIC.
SO, UM, YOUR INSURANCE COMPANY SAID SINCE THE UNITS WERE NOT HABITABLE, YOU COULD BREAK THE LEASE OR ALLOW THEM TO, TO, UM, NOT BE BOUND BY THE LEASE.
SO THAT MEANS THEY NO LONGER COULD RETURN OR, UM, YOU KNOW, THEY'RE FREE TO GO, BUT WHERE WERE WE AT THAT POINT? WHERE DID YOU STOP PAYING FOR THE HOTEL? ALSO FOR THEM? WE ADDITIONALLY PAID FOR HOTELS WHEN IT BECAME APPARENT.
WE COULDN'T REPAIR THESE UNITS IN A REASONABLE AMOUNT OF TIME.
UH, WE UNFORTUNATELY HAD TO LET A NUMBER OF TENANTS KNOW THAT WE COULDN'T DO SO.
AND DUE TO THE UNFORTUNATE SITUATION WE HAD TO LET THEM OUT OF THE LEASE.
UH, WE HAD PLACED THEM IN CONTACT WITH EIGHT N OTHER RESOURCES.
I SPOKE WITH A NUMBER OF THEM PERSONALLY.
AND IF THERE'S ANY TYPE OF HELP THAT WE COULD HAVE PROVIDED, UH, WE PROVIDED, WE ALSO SPOKE WITH THE CITY.
THERE IS A GROUP IN THE CITY THAT HELPED DISPLACE TENANTS OR TENNIS AFFECTED BY THE STORM AND FINDING ASSISTANCE AND OTHER HOUSING, THE MASS MAJORITY OF THE EFFECTIVE TENANTS HERE, UH, BECAUSE WE ONLY HAVE 96 UNITS HERE.
OUR OCCUPANCY BEFORE THE STORM WAS VERY HIGH.
THE MASS MAJORITY OF THE RESIDENTS THAT WERE AFFECTED, INCLUDING UNIT TWO, ONE OH ONE, UH, WERE LET OUT OF THEIR LEASE.
AND WE WERE IN CONSTANT COMMUNICATIONS WITH THEM.
AND WE KEPT IN TOUCH WITH THEM JUST TO SEE HOW THEY'RE DOING.
UH, SOME OF THEM WERE, WERE ABLE TO RELOCATE, BUT THE MASS MAJORITY OF THEM, WE WERE NOT OKAY.
SO THEY WERE OUT OF THEIR LEASE, BUT THAT MEANT THEY HAD TO FIND SOMETHING VERY FAST IN A VERY TIGHT MARKET, FIND SOMEWHERE ELSE TO GO.
UM, MY OTHER QUESTION IS IN LOOKING AT SOME OF THESE PICTURES, THAT SHOW CABINETS THAT NEED REPAIR AND OTHER THINGS, UM, WHERE THE, THOSE DON'T APPEAR TO ME TO BE THINGS THAT WOULD HAVE BEEN CAUSED BY THE STORM.
THEY LOOK LIKE THINGS THAT PROBABLY PREDATED THE STORM.
IS THAT CORRECT? UM, MOST OF THE DAMAGE WERE CAUSED BY THE STORM.
NOW, PLEASE KEEP IN MIND THAT SOME OF THE CABINETS, UH, YOU KNOW, THIS IS A 1996 CONSTRUCTION.
WE'RE IN THE PROCESS OF RENOVATING, UM, ALL 96 UNITS EVEN BEFORE THE STORM.
UH, BUT IN THIS CASE, INSURANCE IS PICKING UP THE REPLACEMENT OF THE APP VANITY REPLACEMENT OF THE KITCHEN CABINETS BECAUSE THEY WERE DAMAGED BY THE PIPERS.
DID YOU HAVE, DID YOU HAVE MORE TO SAY NO.
COMMISSIONER SAY LIKE, SO WHEN YOU RELOCATED THEM TO ANOTHER APARTMENT IN THE COMPLEX THING, COMPARABLE RENT, OR WAS THERE A RENT INCREASE? WE ARE, WE ARE AN AFFORDABLE PROPERTY.
THIS IS A TAX CREDIT PROPERTY.
IF THEY WERE, IF ANY TENANTS WERE RELOCATED FROM ONE UNIT TO THE NEXT, UH, THEY WOULD BE RELOCATED TO A LIFETIME UNITS IF AVAILABLE THERE WOULD BE NO, THERE WERE NO INCREASE IN RENT.
WE ARE HEAVILY GOVERNED BY BOTH TDX CA UH, AND NO OTHER STATE AGENCIES.
[00:55:04]
ACTUALLY, COMMISSIONER'S STILL STEAD.MA'AM CHAIR ASSESSMENT QUESTIONS.
UH, I'LL JUST GIVE THEM TO THE, UM, I'LL JUST ISSUE THEM GENERALLY.
AND WHOEVER WOULD LIKE TO FEEL DUMB.
UM, SO I THINK IT WAS MR. KING, WHO WAS SPEAKING, BUT, BUT ONE, THERE WAS AN ISSUE WITH THE 45 DAYS, UH, IN STAFF'S PROPOSED OR RECOMMENDED ORDER, UH, BEING IMPRACTICABLE, UH, UH, CERTAINLY ON THE GROUND THAT, UH, THE BOTTLENECK WAS WITH THE, UH, THE INSURANCE.
I, YOU KNOW, I'M AN INSURANCE LAWYER.
I DIDN'T QUITE FOLLOW THE REASONING THERE.
SO I WAS HOPING I COULD ASK THAT YOU WALK ME THROUGH THAT.
UM, I'M TRYING TO GET A SENSE OF, OF WHAT IS OCCASIONING THE DELAY HERE AND I'LL DEFER TO DAVID.
MARK CAN
AND THEN WE'LL HEAR FROM MR. MOLDOVAN.
I WAS, I WAS JUST ABOUT TO SAY, I THINK MR. MOLDOVAN IS THE BEST TO ANSWER THAT QUESTION.
AND JUST TO, JUST AS A REMINDER, HE IS NOT AFFILIATED THE OWNER.
UH, HE WORKS FOR BELFOR PROPERTY RESTORATION, ONE OF THE LARGEST, UH, RESTORATION COMPANIES IN THE COUNTRY.
ABBY, WE'RE JUST WAITING FOR APPROVED SCHOOL SCOPE.
SO ONCE WE HAVE IT APPROVED SCOPE AND APPROVED SCOPE IS ONE THAT'S SIGNED BY, UH, THE OWNERSHIP AND THE INSURANCE COMPANY AND US, UH, ONCE WE HAVE A CONTRACT, WE WOULD START.
THAT'S SOMETHING TRAVELERS STILL HAS TO SEND TO US, UM, TO, TO REVIEW.
AND THEN ONCE IT'S AGREED ON WE'LL, WE'LL START.
I THINK THAT MY QUESTION THEN MY FOLLOWUP QUESTION IS PROBABLY BETTER DIRECTED TO THE OWNERS AND THEIR REPRESENTATIVES.
AND, YOU KNOW, AT THE RE I UNDERSTAND WHAT MR MULLIGAN IS COMING FROM.
IF IT IS TYPICAL OF THIS INDUSTRY, THAT ONE FIRST OBTAIN A SENSE OF WHAT THE INSURANCE COMPANY BELIEVES ITS OBLIGATIONS ARE WITH RESPECT TO THE BENEFIT IS IT'S GOING TO PAY AND THAT, AND THAT MAYBE THE PAYMENT IS REMITTED DIRECTLY FROM THE INSURER TO THE REMEDIATION AND RESTORATION COMPANY.
THAT MAY BE TYPICAL, BUT AT THE RISK OF FLIPPANCY, I, AS A COMMISSIONER ON THIS PANEL, I'M INCLINED TO ASK, WHAT DOES THAT HAVE TO DO WITH ME? UH, W WHAT I MEAN BY THAT IS IF I FIND THAT A PROPERTY IS IN VIOLATION, THEN I VIEW IT AS COMMENSURATE WITH MY ROLE, UH, ON THIS PANEL, UH, TO, TO SAY ORDER, YOU KNOW, TO ADOPT STAFF RECOMMENDATIONS.
AND, YOU KNOW, IF THE OWNER HAS TO INCUR COSTS TO BRING THIS PROPERTY CODE COMPLIANT, IT STRIKES ME THAT THE OWNER MAY THEN, UH, FILE A CLAIM WITH THE INSURANCE COMPANY AFTER THE FACT, AND RECEIVE A CASH BENEFIT, UH, TO COMPENSATE FOR THE EXPENSES INCURRED IN BRINGING THIS PROPERTY INTO THE COMPLIANCE AND WHATEVER IS GOING ON BETWEEN THE OWNER, UH, THE CONTRACTOR AND THE TRAVELERS.
THAT'S, THAT'S SORT OF, YOU KNOW, AGAIN, I DON'T MEAN TO SOUND FLIPPANT OR HARSH HERE, BUT THAT'S SORT OF YOUR PROBLEM.
AND I DON'T KNOW THAT HOW THAT SHOULD AFFECT MY VOTE, UH, AS A COMMISSIONER HERE.
SO IF YOU WANT TO SPEAK TO THAT, I I'D BE INTERESTED IN, IN HEARING A RESPONSE, WHOEVER WOULD LIKE TO FIELD THAT.
WELL, WELL, I'LL JUST ADD ONE COMMENT AND I APPRECIATE THAT SENTIMENT.
UH, I THINK JUST LOOKING AT A BALANCING OF THE EQUITIES HERE, WE HAVE A SITUATION WHERE THE INITIAL INSPECTOR, UH, TOLD THE OWNER THAT SECURING A PERMIT SECURE, WHICH IS NOW SECURED, WOULD BE WHAT WOULD CLEAR THIS VIOLATION, BECAUSE WE'RE, WE'RE, AGAIN, WE'RE TALKING ABOUT ONE SINGLE UNIT, UH, AND WE'RE TALKING ABOUT DRYWALL THAT HAD TO COME OUT.
UM, AND WITH ABI, AS WE ALL KNOW, WITH THE WINTER STORM, THERE HAS BEEN SO MUCH DAMAGE AND THERE IS SUCH A BACKLOG, UH, AND THIS OWNER IS STRUGGLING TO, UH, GET THE JOB DONE AS SOON AS POSSIBLE, BUT GIVEN THE CIRCUMSTANCES AND GIVEN THE REPRESENTATIONS FROM THE INSPECTOR THAT WE ARE, WE HEARD THAT TESTIMONY FROM, UH, UH, THE CITY'S REPRESENTATIVE TO START OUT WITH THAT.
THE INSPECTOR SAID THAT TH THAT GETTING THE PERMIT IS WHAT THEY NEEDED TO DO, AND THEY DID THAT NOW.
UM, AND SO IT'S SOMEWHAT OF A SURPRISE, I THINK.
AND, AND, UH, AND I THINK IN OUR VIEW, UH, UNFAIR TO THEN IMPOSE THIS 45 DAY LIMIT, UH, WHICH WILL BE VERY DIFFICULT TO REACH BECAUSE OF THIS BACKLOG AND BECAUSE INSURANCE COMPANIES, FRANKLY, ARE, UH, OVERWHELMED RIGHT NOW
[01:00:01]
AND, UH, WE'RE WORKING AS QUICKLY AS WE CAN, BUT IT JUST, I THINK IT'S GOING TO BE DIFFICULT TO MEET THAT 45 DAY DEADLINE.WELL, I'M LIKELY, I'M LIKELY TO HAVE MORE TO SAY ABOUT THIS WHEN CONFERRING WITH MY FELLOW COMMISSIONERS AFTER WE CLOSED THE PUBLIC HEARING, BUT, UH, JUST IN FAIRNESS TO THE OWNER, I GUESS I, I WANT TO RESPOND TO THAT IN THAT IT STRIKES ME THAT THERE'S A BIT OF A, UH, I, I, AGAIN, I DON'T MEAN TO USE, UM, UNNECESSARILY HARSH LANGUAGE, BUT I, I FEEL AS THOUGH YOU'RE PLAYING A LITTLE BIT FAST AND LOOSE WITH THE EQUITIES BALANCING, BECAUSE, YOU KNOW, ON THE ONE HAND WORD BUYS THAT, UH, WE SHOULDN'T CONSIDER THE CONDITION OF ANY OTHER UNIT.
WE'VE JUST, WE'RE JUST DEALING WITH ONE UNIT THIS OR THAT OTHER ISSUE IS THAT BEFORE THE COMMISSION, WHETHER OR NOT THESE PENNANTS WERE, UH, DEALT WITH HONORABLY AND BEING RELOCATED, THAT'S NOT BEFORE THE COMMISSION ALL, THAT'S TRUE, BUT IT'S ALSO VERY LEGALISTIC.
AND, AND SO IT'S AS THOUGH WHEN BALANCING THE EQUITIES, WE'RE BEING ASKED TO DISREGARD, UH, YOU KNOW, THE SORT OF NEGATIVE EQUITIES FROM THE OWNER'S STANDPOINT, YOU KNOW, SUCH AS, ARE THERE OTHER PROPERTIES THAT HAVE A PROBLEM WHERE SOME OF THESE CABINETS DUE TO BE REPLACED, UH, REGARDLESS OF THE WINTER STORM, WHERE THESE TENANTS HAPPY WITH THE WAY THEY WERE DEALT WITH ALL THOSE EQUITIES WERE SUPPOSED TO SORT OF PUT OUT OF MIND.
UM, BUT AGAINST THOSE, WE'RE SUPPOSED TO WEIGH THE PARTICULAR CHALLENGES, UH, THAT, UH, UM, UH, YOU'RE FACING IN, IN, IN BRINGING THIS INTO COMPLIANCE.
UH, SO I, I DO JUST WANT TO MAKE THAT COMMENT.
AND, AND I GUESS, LIKE I SAID, IN FAIRNESS, I WANT TO GIVE YOU AN OPPORTUNITY TO RESPOND TO IT.
UM, BUT ALSO MADAM CHAIR, I MAY NEED TO BE, I MAY NEED TO REVISIT THE, THE, THE ISSUE OF WHAT WAS REPRESENTED TO THESE OWNERS BY THE INSPECTOR.
I MIGHT'VE MISUNDERSTOOD THE TESTIMONY, BUT I DID NOT HEAR WHERE IT WAS REPRESENTED TO THESE OWNERS THAT PULLING THE PERMIT SOMEHOW EXHAUSTED THEIR RESPONSIBILITY IS TO BRING THE PROPERTY IN COMPLIANCE.
AND THAT SEEMS TO BE WHAT I'M HEARING NOW.
SO IT MIGHT BE THAT I JUST WASN'T PROPERLY ATTENTIVE, BUT I MIGHT, I MIGHT NEED TO GO BACK TO THE CITY ON THAT.
UM, BUT LET ME, LET ME JUST LEAVE IT THERE.
I'M GONNA, UM, I'LL GIVE THE WITNESS A CHANCE TO ANSWER, BUT, UM, I'M GONNA, I HAVE NO FURTHER QUESTIONS AFTER THIS.
UH, TH THAT'S LIKE THE COMMENT ON THAT REALLY QUICK.
UM, UH, I W I WOULD LIKE TO LET THE COMMISSIONERS KNOW THAT, UH, WE HAVE THE OWNER HAVE BEEN TRYING TO GET THIS PROPERTY REPAIRED AND GET THE PROCESS EXPEDITED AS QUICKLY AS POSSIBLE.
UM, I, MYSELF AND MARK, AND, UH, NOW PETE, WHO WAS ON THE PHONE HAVE BEEN ON A PHONE WITH THE, UH, VARIOUS PARTIES AT TRAVELERS, UH, WITH MARK AT BELFOR, UH, WAS ALL THE PERSONNEL ASSOCIATED WITH BELFOR TRYING TO GET THIS GOING.
UH, UNFORTUNATELY THE PROCESS IS TAKING LONGER AND BECAUSE OF THE BACKLOG, UH, THIS WHOLE REPAIR SCENARIO IS TAKING A LOT LONGER THAN WE HAD ANTICIPATED, BUT WE ARE, UH, BY ALL MEANS, WE DO WANT THE PROPERTY REPAIRED AS SOON AS POSSIBLE.
UH, WE ARE TRYING EVERYTHING IN OUR POWER TO GET THAT DONE.
UM, UNFORTUNATELY WITH THE BOTTLENECK RIGHT NOW, EVEN THOUGH WE WANT TO GET THE UNIT AND OTHER UNITS REPAIRED, UH, THE BOTTLENECK RIGHT NOW IS BASICALLY A CONTRACT.
I THOUGHT WE HAVE, THE OWNER CANNOT START ANY TYPE OF WORK.
AND, YOU KNOW, BASED OFF OF A HANDSHAKE, WE HAVE TO GO THROUGH THE CONTRACT AND WE HAVE TO GET A AGREED UPON ACV.
THAT'S THE, UH, NO AGREE COVERED VALUE, UH, FROM THE INSURANCE COMPANY.
UH, OTHERWISE THIS WILL END IN LIKELY LEGAL LITIGATION IF THERE IS A HUGE DISPUTE AT THE END OF THE PROP, UH, PROJECT, UH, AS IT PERTAINS TO, YOU KNOW, COVERAGE AND COST.
UH, BUT LIKE MR. KING SAID, YOU KNOW, THIS UNIT IS CURRENTLY NOT OCCUPIED.
UH, WE WORKED WITH THE TENANTS, WE RELOCATED THEM WHERE, WHERE POSSIBLE, AND WE LET THEM OUT DO A LEASE WHERE WAS IMPRACTICAL.
UH, SO, YOU KNOW, WE, WE WOULD CONTINUE TO WORK DILIGENTLY.
IT'S JUST THAT THE 45 DAYS LIKE MR. KING, UH, UH, PROPOSED IS LIKELY GOING TO BE AN EXTREME UNDUE HARDSHIP ON US.
AND ON BELFOR AFTER THE INSPECTOR THOMPSON, BEFORE WE GO TO YOU, COMMISSIONER MUELLER, INSPECTOR THOMPSON, I WAS HOPING MAYBE YOU COULD CLARIFY, UM, YOUR UNDERSTANDING OF WHAT INSPECTOR HOWARD HAD REPRESENTED TO THE CLIENT.
UH, YOU APPEAR TO BE MUTED, SORRY ABOUT THAT.
[01:05:01]
NOTICE OF VIOLATION AND THE REASON WE'RE HERE TONIGHT IS FOR THE STRUCTURAL VIOLATIONS THAT STILL EXIST IN THE UNIT, WHICH IS THE INTERIOR SURFACES TO INCLUDE THE CEILING AND THE CABINETS, AND, UM, YEAH, THE DRYWALL IN, IN THE KITCHEN.AND SO THAT'S WHAT PRESENTING TODAY.
UM, WE, WE DID TELL THEM THAT THEY NEED TO GET A PERMIT FOR THE WORK THAT, UH, IS BEING DONE.
UM, WE TOLD THEM THAT IN APRIL AND AS WE'VE STATED, THEY'VE ACQUIRED THE PERMIT AS OF YESTERDAY, BUT WE ARE HERE TODAY TO ADDRESS THE INTERIOR STRUCTURAL DAMAGES THAT STILL EXIST IN THE UNIT.
AND TO YOUR KNOWLEDGE, THE, THE, UH, WELL INSPECTOR HOWARD DID NOT SIMPLY STATE THAT THE PERMIT WAS THE ONLY THING THAT WAS REQUIRED TO MY KNOWLEDGE.
AND, UM, AGAIN, SO THE NOTICE OF VIOLATION STATES THAT THEY S THEY'RE STRUCTURAL DAMAGES AND THAT THEY NEED TO REPAIR THEM AND THEY'RE STILL NOT REPAIRED.
DID YOU HAVE A QUESTION? UM, NO.
OH, THE PUBLIC HEARING IS CLOSED.
I HAVE, UM, A CONCERN AFTER READING THROUGH A BIT MORE OF THE BACKUP HERE, UM, WHICH STATES ON APRIL 1ST, 2021, THIS IS LAMONT HOWARD'S, UH, SUMMARY OF WHAT HAPPENED.
HE INFORMED ME THAT THE INSURANCE COMPANY CALLED HIM AND HIS BUSINESS PARTNER.
THEY ADVISE THEM THAT BY LAW, THE APORT, THE APARTMENT UNITS OF THE TENANTS THAT ARE CURRENTLY HOUSED IN HOTELS ARE DEEMED UNINHABITABLE.
THEREFORE THE TENANTS LEASES CAN BE TERMINATED.
I'M JUST RATHER SHOCKED AND DISTURBED THAT INSURANCE COMPANIES ARE ADVISING THEIR CLIENTS TO DO SUCH A CRAPPY THING TO THEIR TENANTS.
UM, I DUNNO, THAT'S MY ONLY COMMENT ON THAT.
CAN I ADD TO THAT? YEAH, PLEASE.
SO THEY ALSO MENTIONED THAT THIS IS A TAX CREDIT PROPERTY, WHICH MEANS IT'S AN AFFORDABLE PROPERTY, WHICH ALSO MADE ME VERY CONCERNED.
I MEAN, I, I REALLY APPRECIATE IT.
APPRECIATE THE COMMENTS THAT, UH, COMMISSIONER STOW STAB MADE ABOUT, UM, THE INSURANCE COMPANY AND THIS SHOULDN'T ALL BE DRIVEN BY THE INSURANCE COMPANY.
THIS IS AN OBLIGATION OF THE OWNER AND THEY CAN DEAL WITH THEIR INSURANCE COMPANY TO GET REIMBURSED LATER.
BUT OUR CONCERN IS ABOUT THE CONDITION OF THE PROPERTY.
THIS UNIT WAS OCCUPIED WHEN THIS BEGAN BY A LOW-INCOME PERSON WHO QUALIFIED TO LIVE IN THIS PROPERTY.
AND YOU KNOW, THE IDEA THAT YOU, YOU KNOW, I UNDERSTAND THIS IS THE VIOLATION IS JUST ABOUT THIS ONE UNIT.
WE KNOW, YOU KNOW, THAT THERE'S BROADER ISSUES HERE TO BE CONCERNED WITH, BUT, UM, YOU KNOW THAT ANYWAY, I AM ALSO VERY WORRIED ABOUT THIS SORT OF, UM, PUTTING IT ALL ON WHILE WE HAVE TO WAIT AND SEE WHAT THE INSURANCE COMPANY IS GOING TO PAY FOR IT.
NO, YOU HAVE TO BRING THE UNIT UP TO CODE STANDARDS AND YOU'LL FIGURE OUT HOW TO PAY FOR THAT LATER.
YOU KNOW, WHETHER OR NOT YOU GET FULL REIMBURSEMENT FROM THE INSURANCE COMPANY IS BETWEEN YOU AND THE INSURANCE COMPANY, COMMISSIONER GREEN.
IN MY MIND, THE OWNERS HAVE DECIDED MAKE A RICH ANALYSIS AND THEY DECIDED THAT THE RISK TO THEM FINANCIALLY BETTER TO LET PEOPLE OUT, AT LEAST IT'S IN THE MIDDLE OF A WINTER AND CUT THEIR LOSSES FROM THERE AND BLAME IT ALL ON THE INSURANCE COMPANY.
AND YOU KNOW, ANYBODY THAT'S EVER INVESTED WHEN SOMEBODY LOSES STUFF, I'LL BE ONE MORE RIGHT NOW I TAKE IS VISA OWNERS HAVE AN OBLIGATION.
I GOT ONE UNIT, YOU START PEELING THIS ONION.
MY RECOMMENDATION IS WE, UH, FOLLOW STAFF RECOMMENDATION.
THANK YOU, COMMISSIONER GREEN.
I DON'T KNOW THAT THIS IS A BAD OWNER THAT, YOU KNOW, FROM WHAT WE'VE HEARD TONIGHT, ACTUALLY, I'M RATHER INCLINED TO BELIEVE THEM THAT THEY ARE DOING THEIR BEST TO TAKE CARE OF THEIR TENANTS.
I AM CONCERNED ABOUT THE AMOUNT OF POWER THAT INSURANCE COMPANIES SEEM TO HOLD OVER ALL OF US, THAT WE'RE AFRAID TO DO ANYTHING UNTIL, YOU KNOW, UNTIL THEY'VE DECIDED WHAT IT'S WORTH AND WHAT CAN BE DONE.
UM, AND I DO AGREE THE CODE VIOLATION, THERE'S A REQUIREMENT TO KEEP THIS PROPERTY UP TO CODE REGARDLESS OF WHAT INSURANCE WILL PAY OUT FOR DAMAGE DIRECTLY RELATED TO A STORM.
[01:10:01]
UM, AND I THINK THEY'RE GOING TO BE REALLY CLOSE TO MEETING THAT 45 DAYS, QUITE FRANKLY, YOU KNOW, DRYWALL CAN BE DONE WHILE THEY'RE WAITING FOR THE CABINETS TO BE BUILT.I DO UNDERSTAND THERE'S A BACKLOG AND EVERYTHING THESE DAYS AND CONSTRUCTION THAT THIS IS THE TINY AMOUNT OF WORK.
AND I'D LOVE TO SEE THAT UNION UNIT BACK AND AVAILABLE AND GET A TENANT IN IT.
DIDN'T WE HEAR FROM BELL FOR THE DAY HAVE STOCKPILED, MANY SHEETS OF SHEET, ROCK AND STORAGE ALREADY.
SO THEY'VE GOT THE MATERIALS ALREADY READY TO GO.
THERE'S NO, PECKLERS, THERE'S NO WAITING TO OBTAIN MATERIALS.
IT MIGHT BE CLOSE, BUT I THINK THEY COULD BE JUST ABOUT THERE IN 45 DAYS.
THERE'S ANOTHER CALL THE QUESTION, SHARON.
I DON'T KNOW THAT WE HAVE A SECOND IN MOTION.
WELL, FIRST I WOULD LIKE THE MOTION TO BE A BRAND IN THE CAR ASSISTANT CITY ATTORNEY FIRST, I WOULD LIKE THE MOTION TO BE CLARIFIED AND I BELIEVE COMMISSIONER GREEN SAID STAFF'S ORDER, BUT CAN YOU CLARIFY WHAT THAT IS? YOU'RE YOU'RE RIGHT.
ACTUALLY I'M NOT EVEN SURE WE HAD A FIRST, WOULD ANYONE LIKE TO COMMISSIONER GREEN? WOULD YOU LIKE TO TURN THAT INTO A MOTION? UH YOU'RE MUTED.
I, I RECOMMEND THAT WE, UH, THAT, UH, FINDING A FACT THEN THE RECOMMENDATION IS THERE A SECOND, A SECOND.
IT'S LIKE I HEARD COMMISSIONER ABILA FOR THE SECOND.
UM, I WILL DO THIS BY ROLL CALL, BUT THE QUESTION WILL BE, IF YOU ARE IN FAVOR OF ADOPTING STAFF'S RECOMMENDED ORDER, WHICH IS ALL REPAIRS TO BE COMPLETE WITHIN 45 DAYS, AND THEN TO FIND FINES TO START ACCRUING ON THE 46 DAY, UM, VICE CHAIR.
COMMISSIONER THOMPSON APPROVE.
COMMISSIONER MILLER APPROVE AND QUEUE COMMISSIONER STILL STOPPED.
AND I ALSO APPROVE, HOPEFULLY I DIDN'T MISS ANYONE.
UM, THANK YOU TO THE PROPERTY REPRESENTATIVES FOR BEING HERE TONIGHT.
A COPY OF THE ORDER WILL BE MAILED TO YOU.
IF YOU HAVE QUESTIONS, PLEASE GET WITH YOUR CODE INSPECTOR, MISS ALLIE
[2. Case Number CL 2021-068641 Property address: 1200 E. 6th Street / Owner: 1200 East 6th Partners, LLC Staff presenter: Willis Adams, Austin Code Department Staff recommendation: Repair commerical structure]
ITEM NUMBER TWO ON THE AGENDA IS CASE NUMBER CL 2021 ZERO SIX EIGHT SIX FOUR ONE.AND IS REGARDING THE PROPERTY LOCATED AT 1200 EAST SIXTH STREET STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOK IN THE GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS IS ABOUT A DILAPIDATED COMMERCIAL STRUCTURE NEARED NEAR DOWNTOWN WITH UNSAFE AND SUBSTANDARD CONDITIONS REQUIRING REPAIR.
THE STRUCTURE SITS IN AN AREA NEAR DOWNTOWN WITH A HIGH VOLUME OF PEDESTRIAN TRAFFIC BUILDING PERMITS HAVE BEEN PENDING IN PENDING STATUS SINCE APRIL OF 2020.
THE BUILDING QUALIFIES AS A HISTORIC LANDMARK AND OWNERS ARE CURRENTLY WORKING WITH THE HISTORIC LANDMARK COMMISSION.
THE HLC TOWARDS THAT DESIGNATION, THE HLC HAS ALSO APPROVED PLANS FOR REHABILITATION OF THE BUILDING UNDER THE HERITAGE GRANT APPLICATION IN YOUR GOOGLE DRIVE FOLDER, YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION REQUIRED NOTICES OF HEARING AND POSTINGS AS WELL AS I'M SORRY THAT THAT'S IT.
AND THEN EXHIBIT TWO CONSISTS OF CODES.
PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO L AND LASTLY CODES RECOMMENDED ORDER
[01:15:01]
AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED SPECTER ADAMS. PLEASE BEGIN YOUR TESTIMONY.
WELL, GOOD EVENING, COMMISSIONERS AND STAFF.
CAN EVERYONE HEAR ME? YES, WE CAN GO AHEAD.
AGAIN, MY NAME IS WILLIS ADAMS. I'M THE CODE INSPECTOR, UH, ASSIGNED TO THIS CASE? UM, THE INITIAL INSPECTION AT THIS PROPERTY AT THE INTERSECTION OF WALLER STREET AND EAST SIXTH STREET OCCURRED ON MAY 19TH, OR I'M SORRY, MAY 20TH OF 2019.
AND MY DURING MY INITIAL INSPECTION, UH, I FOUND THAT THE PROPERTY, THE BUILDING WAS UNOCCUPIED, HAD NO ELECTRICAL SERVICE, UH, AFTER LOOKING INTO, UH, MY SISTER, MY LAPTOP DOES CHECK ON THE HISTORY OF THE PROPERTY.
I FOUND THAT THERE HAD BEEN, UH, VARIOUS, UH, THERE HAD BEEN SOME CITATIONS ISSUED.
UH, I ALSO KNOW THIS IN GOOGLE MAPS THAT THE PROPERTY HAD BEEN IN THIS CONDITION SINCE 2007.
UM, AS MY PHOTOS, UH, WILL ILLUSTRATE ONCE I START THAT IT WILL SHOW THAT, UH, SOME OF THE CONDITIONS THAT EXISTED, UH, VAN STILL EXISTS NOW.
UM, MY MAJOR CONCERNS WERE THE CANOPY THAT WRAPS AROUND FROM THE SOUTH SIDE OF THE STRUCTURE TO THE WEST SIDE OF THE STRUCTURE.
UH, IT CURRENTLY HAS SOME SUPPORTS THAT ARE DAMAGED, UH, AND THE OWNERS HAD PLACED ADDITIONAL SUPPORTS, I BELIEVE IN JANUARY OF 2020, UH, WHICH ARE METAL, UH, FOUR BY FOUR POSTS HOLDING UP THAT, UH, CANOPY AND THE POSTER ACTUALLY SEE MINUTE INTO SOME, UH, FIVE GALLON PAILS, UH, WHICH OBVIOUSLY ARE NOT SUBMITTED TO THE GROUND.
SO THEY ARE CONNECTED AT THE TOP OF THE CANOPY, BUT AGAIN, THEY CAN BE MOVED FROM THE, UH, FROM THE BASE.
BUT AT THIS TIME I WOULD LIKE TO START WITH MY PHOTOS BEGINNING WITH, UH, IMAGE NUMBER TWO A THEN TWO, THIS IS A FULL GRAPH FROM 2016 THAT SHOWS YOU A CONTEXTUAL PICTURE WITH IT'S CALLED THE UPTOWN SPORTS CLUB.
UH, IF YOU KNOW THIS ON THE RIGHT HAND SIDE, OR I GUESS IT WOULD BE THE EAST SIDE OF THAT BUILDING THE SECTION THAT WAS SUPPOSED TO HAVE THE LEATHERS CLUB C L U B BED SEXUAL EVENT, AND PUPPY IS NO LONGER THERE.
AND SO I'M NOT SURE WHEN IT FELL OFF, BUT IT'S NO LONGER THERE.
SO IT WAS CALLED THE UPTOWN SPORTS CLUB, UM, PHOTOGRAPH TO BEAT, PLEASE.
THIS IS THE CURRENT CONDITION OF THE, UH, UPTOWN SPORTS, UH, CLUB.
AS YOU CAN SEE THAT AT, UH, THIS PLACE HAS TAKEN ON, UH, THE SAME TYPE OF A CHARACTER AS, UH, THE, UH, GRAFFITI PARK.
THEY USED TO BE ON BAYLOR STREET.
UH, IT WAS, UH, TAGGED OFTEN BY, UH, GRAFFITI, UH, PERSONS WANTING TO PUT THEIR MARK ON THAT BUILDING.
IT ALSO HAS HAD SOME ISSUES WITH, WITH, UH, HOMELESS PEOPLE, CAMPING, OR WE'RE, WE'RE OUT, STAYS OUT IN FRONT OF THE PROPERTY ON BOTH SIDES.
AS YOU CAN SEE ON THE WEST SIDE SIDEWALK THERE, OR WALLACE STREET, THE GRASS AND WEEDS HAVE GROWN ALL THE WAY INTO THE SIDEWALK, MAKING IT DIFFICULT TO PASS A FULL TO SEE, PLEASE
AND THERE IS A PRIVACY, OR THERE IS A TEMPORARY, UH, ALLY FENCE, AS YOU CAN SEE, IT'S BEEN DAMAGED.
UM, I ACCESS TO THE BACK OF THE PROPERTY AS POSSIBLE.
UH, I CAN'T, I CAN'T, UH, I DON'T, I'M NOT AWARE OF ANY, UH, ONE, UH, GETTING INSIDE THE BUILDING, BUT IT IS POSSIBLE TO GET, UH, ONTO THE PROPERTY.
WELL, THE GRAPH TO D PLEASE THAT IS A PHOTOGRAPH FROM THE WEST SIDE OF THE PROPERTY.
UH, THOSE WINDOWS ARE ABOUT, I WOULD SAY EIGHT FEET ABOVE THE GROUND.
THE WINDOWS HAVE, UH, SECURITY BARS ON THEM, EVEN THOUGH THE GLASS IS BROKEN IN TWO OF THOSE WINDOWS, UH, THEY'RE NOT ACCESSIBLE, BUT THE WINDOWS THERE ARE IN THE GLASS.
SO OBVIOUSLY A RAIN OR ANY OTHER HUMIDITY, ANY TYPE OF OTHER WET WEATHER ELEMENTS WILL AFFECT THE INTEGRITY OF THAT STRUCTURE.
UH, THIS IS A VERY, A CLOSEUP OF THE SAME SIDE OF THE WEST SIDE SHOWING THE, UH, THE BROKEN WINDOW.
THERE'S NO WIND, THERE'S NO GLASS THERE AT ALL.
UH, AS YOU CAN SEE, ALSO IN THAT PHOTOGRAPH IN THE UPPER RIGHT-HAND CORNER, UH, YOU CAN SEE THERE'S THE METAL FOUR BY FOUR SUPPORT POSTS HOLDING UP, UH, THAT CANOPY NEXT PHOTOGRAPH, PLEASE.
[01:20:01]
AND THERE IS THE BASE OF THAT, UH, THAT POST INSIDE A FIVE GALLON PAIL, UM, WITH, UH, SUBMITTED INSIDE THE POST OR INSIDE THE PAIL TO G PLEASE.THIS IS, UH, A CONTEXTUAL PICTURE OF THE FRONT DOOR.
THERE ARE ACTUALLY THREE DOORS ON THIS, UH, BUILDING.
UM, THEY'RE NOT, UH, UM, UH, THEY DO NOT, THEY WILL NOT ALLOW ACCESS, UH, ACCESS TO THE PROPERTY.
UH, THEY ARE, THE PROPERTY IS SECURE FROM, UH, FROM BOTH SIDES.
UH, THIS IS ACTUALLY ONE OF THE, THE DOORS, THE ONLY WOODEN DOOR ON THE FRONT OF THE PROPERTY.
AND YOU CAN SEE THE GLASS, THE WINDOW ABOVE THAT ONE IS BROKEN AS WELL.
THE NEXT PHOTOGRAPH, PLEASE, UH, THIS SHOWS, UM, THE SUPPORT THAT SUPPORTING UP THE CANOPY THERE, UH, IT IS, UH, IS A JAR ON THAT, UH, ON THAT CANOPY.
SO IT IS NOT, UH, IT'S NOT FUNCTIONING THE WAY IT WAS INTENDED NEXT PHOTOGRAPH, PLEASE.
AND AGAIN, THAT'S SHOWING THE, UH, THE POST ON THE PROPERTY.
ALSO THOSE BOARDS, UH, UM, THOSE BOARDS ARE SHAKY.
UM, THEY POSSIBLY COULD FALL, UH, AS THE, UH, BOARDS ON THE SOUTH SIDE OF THE PROPERTY DID AT ONE TIME NEXT PHOTOGRAPH, PLEASE.
UH, THIS IS ACTUALLY UNDERNEATH THE CANOPY, AS YOU CAN SEE, THERE HAVE BEEN, UH, NUMEROUS, UH, UH, CHANGES IN SOME OF THE, UH, BOARDS, UM, THAT MAY HAVE, UH, BEEN DAMAGED.
UH, RILEY WOULD THERE ALSO, YOU CAN SEE AT THE TOP MIDDLE OF THE IS ACROSS A BEAM THAT ACTUALLY HAS ADDITIONAL SUPPORT TO IT.
UM, NEXT FOR THE GRAPH, PLEASE.
AND THIS IS THE FINAL PHOTOGRAPH SHOWING A SHOT FROM, UH, THE WEST END OF THE PROPERTY, LOOKING EAST.
AND, UH, AGAIN, UM, THERE ARE SOME ISSUES WITH THEIR CANOPY.
UM, IN MOST PROPERTIES ARE I TRY TO BRING TO THE COMMISSION.
UH, MOST OF MY CONCERNS ARE ABOUT THE SAFETY OF THE PROPERTY, AS WELL AS THE SAFETY OF OTHER RESIDENTS OF AUSTIN WHO TRANSVERSE THIS PROPERTY, WE'RE IN THE AREA, AND THIS IS A HEAVILY, UM, I WOULD SAY THIS IS ONE OF THE MORE ATTRACTIVE AREAS IN, UH, EAST AUSTIN RIGHT NOW IS EAST SIXTH STREET.
UM, A LOT OF TRAFFIC BETWEEN WALLER AND HE SIX, UH, MANY OTHER STREETS ALONG THEIR ONION, ADD A YAK, UH, KOMAL AS WELL.
THIS CONCLUDES MY PRESENTATION AND 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 OF VISUAL, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT TWO, A THROUGH TWO L, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING REQUIRE THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE OF 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 ON THE 91ST DAY, IF 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 THANK YOU, COORDINATOR ALLEY.
UM, I'LL GO AHEAD AND ADMIT STAFF EXHIBITS.
NUMBER ONE, AND NUMBER TWO EIGHT THREE TWO L.
UM, WE ALSO HAVE SOME OWNER EXHIBITS ONE THROUGH EIGHT, WHICH ARE AVAILABLE FOR THE COMMISSIONERS TO READ ON YOUR READERS.
SO I WILL GO AHEAD AND ADMIT THOSE AS WELL.
AND, UH, IT APPEARS THAT WE HAVE FOUR REPRESENTATIVES OF THE PROPERTY HERE TONIGHT.
I'LL READ YOUR NAMES AND THEN, UM, I'LL HAVE THE FIRST ONE, IF YOU'D LIKE TO DECIDE WHO WOULD GO FIRST, BUT WE HAVE JASON JONES, AARON FRANKLIN, JAMES MOODY, AND KEN JOHNSON.
UM, MR. JONES, IF YOU COULD AT LEAST LEAD OFF AND TELL ME IF THERE'S SOMEONE ELSE THAT YOU WOULD LIKE TO HAVE SPEAK FIRST.
[01:25:01]
UM, SECTOR ADAMS. MY NAME IS JASON JONES AND I AM REPRESENTATIVE OF THE PROPERTY OWNER, UH, HERE AT 1200 EAST SIXTH.AND, UM, I'LL GO FIRST AND START OFF BY GIVING YOU GUYS, UM, A LITTLE UPDATE ON THE PROGRESS THAT WE'VE MADE.
THIS IS A, UM, A VERY UNIQUE STRUCTURE, UH, THAT WAS BUILT IN THE 1880S AND, YOU KNOW, SADLY ONE OF THE LAST REMAINING, UH, ORIGINAL REMNANTS OF, OF EAST AUSTIN THERE.
AND, YOU KNOW, UH, THIS PROPERTY IS ON THE HISTORICALLY SIGNIFICANT LIST THERE WITH THE CITY OF AUSTIN.
AND, UM, YOU KNOW, WHEN, WHEN I ACQUIRED IT, UH, YOU KNOW, AFTER IT HAD BEEN IN LITIGATION OVER AN OWNERSHIP DISPUTE FOR, FOR YEARS, UM, YOU KNOW, OUR, OUR, MY GOAL, UM, CAUSE I HAD REPRESENTED THE FAMILY WHO HAD OWNED THIS PROPERTY SINCE, SINCE THE 1960S.
AND, UM, I ACQUIRED IT FROM THEM AND MY GOAL WAS TO, UH, RENOVATE THIS PROPERTY AND, AND, AND RESTORE IT, UM, AS IT WERE, UM, YOU KNOW, TO ITS ORIGINAL, UH, CONTEXT IS AS MUCH AS WE COULD.
UM, WE'VE GONE THROUGH A LONG PROCESS OF, UH, QUALIFYING THIS PROPERTY FOR BOTH STATE, UH, HISTORICAL TAX CREDITS AND FEDERAL TAX CREDITS TO ASSIST IN THE, UH, VERY EXPENSIVE RENOVATION, UM, OF THIS PROPERTY WHENEVER YOU'RE DEALING WITH A PROPERTY OF THIS AGE.
UM, YOU KNOW, IT IS, IT IS, UH, YOU GOT TO GO THROUGH A, IT IS A PROCESS AND A, YOU HAVE TO GO THROUGH CERTAIN STEPS TO, TO MAKE SURE, UM, THAT YOU PULL IT OFF, RIGHT.
AND SO, YOU KNOW, WE'VE, THIS PROJECT IS, IS NORTHWARD OF $4 MILLION THAT WE'LL BE PUTTING, UM, INTO RESTORING THIS TO REALLY BECOME AN ICONIC PIECE OF EAST AUSTIN.
AND, UM, I'VE PARTNERED WITH, UH, YOU KNOW, THE BEST TALENT I COULD FIND AND PRETTY NOTABLE TALENT AT THAT.
UM, HERE IN THE CITY OF AUSTIN, UM, MR. AARON FRANKLIN AND FRANKLIN BARBECUE, UM, IS PARTNERS WITH ME ON THIS PROJECT AND IT WILL BE A, UM, A RESTAURANT AND BAR VENTURE, UM, AT THIS LOCATION, UH, MR. JAMES MOODY, UH, OWNER OF GORILLA SUIT AND MOHAWK HERE IN RED RIVER IS ALSO PARTNERED ON THIS ALONG WITH, UM, MICHAEL SHOE AND REPRESENTATIVE KEN JOHNSON, OUR ARCHITECT WITH MICHAEL SHOE'S OFFICE, UH, WHO'S ON THE LINE, ALL OF WHICH ARE HERE THIS EVENING.
UM, WE HAVE SUBMITTED IN, UM, THE EXHIBITS, SOME RENDERINGS FROM MICHAEL SHOES OFFICE OF THE EXTERIOR RENOVATIONS OF THE PROPERTY.
UH, I WOULD SAY WE ARE AT ABOUT THE ONE YARD LINE FROM BEING ABLE TO, UH, YOU KNOW, GET SHOVELS IN THE GROUND ON, ON THIS, THIS, UH, THIS PROJECT, YOU KNOW, WE'RE VERY EXCITED.
UH, SO IS THE CITY OF AUSTIN, UM, ABOUT, YOU KNOW, REVITALIZING, RESTORING THIS BUILDING, YOU KNOW, UM, I BELIEVE AS MENTIONED IN THE INTRODUCTION THAT WE RECEIVED A, UH, HERITAGE GRANT FROM THE CITY OF AUSTIN, UH, TO ASSIST, UH, WITH THIS RESTORATION OF THIS PROPERTY, UM, YOU KNOW, AND AS I MENTIONED, UM, FEDERAL AND STATE TAX CREDITS, IT'S A VERY EXPENSIVE ENDEAVOR.
WE'VE ASSEMBLED THE BEST PEOPLE THAT I COULD FIND TO, TO PULL THIS OFF.
WE'RE VERY, VERY EXCITED ABOUT IT.
AND WE, UM, YOU KNOW, THE LAST PIECE WE, WE DID SUBMIT FOR THE PERMIT, YOU KNOW, DUE TO COVID AND WHATNOT THAT GOT EXTENDED, UH, I BELIEVE THROUGH THE END OF THIS YEAR, UM, UH, BY THE CITY OF AUSTIN AND WE ARE CURRENTLY AWAITING OUR, UH, PARKING PLAN APPROVAL, I BELIEVE IT'S THE LAST PIECE.
UM, AND, UM, SOME RENOVATION, UH, REBID DUE TO MATERIALS AND, AND, YOU KNOW, UH, EFFECT OF COVID ON THE INDUSTRY.
UM, YOU KNOW, WE ARE HAVING OUR CONTRACTOR, WHICH IS IED TO, UH, REBID SOME OF, OF THE WORK AND, UH, GET OUR NUMBERS FINAL.
AND, YOU KNOW, WE'RE, WE'RE HOPING TO BE ABLE TO BREAK GROUND ON THIS, UH, YOU KNOW, FULL RENOVATION WITHIN 120 DAYS.
IDEALLY IT'D BE, IT'D BE SOONER THAN THAT.
UM, BUT THAT, THAT'S KIND OF, YOU KNOW, OUR OUTSIDE, UH, DATE TO HAVE EVERYTHING IN PLACE.
AND, UM, YOU KNOW, WITH THAT SAID, UM, YOU KNOW, ANY QUESTIONS, YOU KNOW, WE'RE HAPPY TO ANSWER.
YEAH, THERE'S NOBODY I'VE, I'VE, I'VE BEEN INVOLVED WITH THIS, UH, THIS PARTICULAR PROPERTY SINCE 2009 AS THE ATTORNEY FOR THE FAMILY.
WHO'D OWNED IT SINCE THE SIXTIES AND, AND IT'S, IT'S A PASSION PROJECT OF MINE.
UM, AND MY PARTNERS, UM, EVERYBODY, YOU KNOW, ON THIS CALL AND WHO'S INVOLVED WITH THIS PROJECT, APPRECIATE THE HISTORY OF THE BUILDING AND THE FACT THAT IT'S, IT'S ACTUALLY STILL HERE.
UM, YOU KNOW, IT HAS BEEN DEEMED STRUCTURALLY SOUND BY OUR STRUCTURAL ENGINEERS.
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AND SO, YOU KNOW, GOING THROUGH THE HISTORIC RENOVATION BECAUSE WE'RE RECEIVING FEDERAL AND STATE TAX CREDITS, WE DO HAVE TO ABIDE BY SOME, UH, YOU KNOW, PRETTY STRICT GUIDELINES AND WHATNOT WITH WHAT WE'RE DOING WITH IT.BUT AS YOU CAN SEE, UM, YOU KNOW, THE, THE DOCUMENTS SUBMITTED THERE, UM, YOU KNOW, IT'S GOING TO BE A GORGEOUS PLACE, UH, WHEN WE'RE DONE WITH IT.
AND THERE'S, THERE'S NOBODY ON EARTH.
THAT'S MORE READY TO GET THE PROJECT STARTED THEN THAN THIS TEAM ON THE PHONE.
SO, UH, I, I DO HAVE AARON FRANKLIN, JAMES MOODY, AND KEN JOHNSON, UH, AVAILABLE, UH, TO SPEAK.
THEY'D LIKE TO ADD ANYTHING AND TO ANSWER ANY QUESTIONS AS WELL.
MR. FRANKLIN, MR. MOODY, OR MR. JOHNSON, IF YOU'D LIKE TO GO AHEAD, GIVE ME A MINUTE, LET ME UNMUTE THEM.
UM, YOU KNOW, I DON'T REALLY HAVE MUCH TO ADD TO WHAT JASON SAID.
AGAIN, MY NAME IS AARON FRANKLIN.
UM, YOU KNOW, WHAT I, ALL I REALLY HAVE TO ADD TO THIS IS THAT WE ARE SUPER EXCITED TO GET WORKING ON THIS.
WE'VE BEEN WORKING ON IT FOR QUITE A WHILE, UH, TRYING TO GET READY, JUMPING THROUGH ALL THE HISTORICAL HOOPS AND STUFF.
AND, UM, YOU KNOW, THIS IS KIND OF WHAT, HOW I FEEL ABOUT AUSTIN BEEN HERE FOREVER, AND ALSO WITH JAMES MOODY FROM THE MOHAWK AND, UM, YOU KNOW, JUST KIND OF KEEPING AUSTIN AUSTIN AND KEEPING THIS PLACE CHUGGING ALONG THE WAY.
IT'S ALWAYS, IT ALWAYS HAS, UM, AN UPTOWN SPORTS CLUB VERY MUCH FITS IN LINE WITH THAT STUFF.
SO, YOU KNOW, REALLY, WE'RE JUST, JUST TRYING TO KEEP THIS PLACE SUPER, SUPER COOL, SUPER NICE, AND, UH, GET TO WORK ON IT AS SOON AS POSSIBLE.
UH, MR. MOODY, DID YOU WANT TO SAY ANYTHING?
UH, IF HE'S NOT THIS, THIS IS KEN JOHNSON.
I CAN JUMP IN IF, UH, MR. MCGEE ISN'T READY.
UH, OR IF HE'S SORTING OUT TECHNICAL ISSUES, UM, KEN JOHNSON WITH MICROSOFT'S ARCHITECTURE, UM, I DON'T KNOW A LOT TO ADD, LIKE JASON MENTIONED, UM, JUST THAT WE'VE PUT IN, UH, MYSELF AND MY TEAM HAVE PUT IN HUNDREDS OF HOURS, UH, ON THE DRAWINGS AND THE PERMITTING AND, UM, THE APPLICATIONS AND DISCUSSIONS WITH THOSE LOCAL LEADERS AND NATIONAL, UM, AT THE NATIONAL PARK SERVICE TO, TO GET THIS FAR.
AND WE'RE ALL VERY EXCITED AND INVESTED, UH, TO SEE THIS GET MOVING.
AND I THINK THAT, UH, IT'S, IT'S JUST SUCH A WONDERFUL BUILDING THAT THIS REMAINED INTACT REMARKABLY, UM, FOR THIS LONG AND IN SUCH A TUMULTUOUS STRETCH OF, UH, THE EAST SIDE THAT WE'RE VERY EXCITED TO GET MOVING AND HAPPY TO ANSWER ANY QUESTIONS THAT COME UP.
THANK YOU, MR. JOHNSON, MR. BOODY, IF YOU, SO WITH US AND WITH
UM, I'M A PROPERTY OWNER ON 12, EIGHT, SEVEN I'M STEPS AWAY FROM THIS PROPERTY.
I AM WORKING WITH AARON FRANKLIN BECAUSE WE BELIEVE IN LIKE RESTORING PROPERTIES LIKE THIS.
I APPRECIATE YOUR CONSIDERATION OF OUR REQUEST AND SITUATION BECAUSE IT TOOK US A LOT LONGER THAN WE THOUGHT TO GET ALL THE HISTORICAL DESIGNATIONS WE NEEDED TO SAVE THIS BUILDING.
UM, BUT MY BUILDING, THE MOHAWK, YOU KNOW, THAT'S FROM EL CHARRO, THAT'S A MEXICAN RESTAURANT FROM THE FIFTIES.
WE'VE BEEN IN BUSINESS 15 YEARS.
AARON HAS HIS BUILDING, UM, ON EACH 11TH, UH, I HAVE MY BUILDING
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ON THE SEVENTH AND WE JUST FEEL LIKE IT'S BETTER TO SAY THESE BUILDINGS THAN TO TURN THEM INTO WHITE BOXES.AND SO WE APPRECIATE YOUR CONSIDERATION BECAUSE WE'RE GOING TO DO THE RIGHT THING HERE.
I THINK WE'LL BE MUCH FASTER THAN JASON SAID.
I DON'T KNOW IF I'M ALLOWED TO SAY THAT, BUT I THINK WE'LL BE IN CONSTRUCTION PRETTY QUICKLY.
WE'RE JUST PUSHING EVERYONE NOW THAT WE'VE COME OUT OF COVID AND WE'RE COMING OUT OF THE STORM AND WE'RE STARTING TO SEE THE LIGHT, UH, WHERE WE'D APPRECIATE YOUR CONSIDERATION BECAUSE WE'RE GOING TO DO THIS PROPERLY.
I HAVE JUST A COUPLE OF QUESTIONS FOR THE PROPERTY REPRESENTATIVES.
THIS IS PROBABLY EITHER FOR MR. JONES OR FOR MR. JOHNSON.
UM, SO READING THROUGH YOUR EXHIBITS, IT LOOKS LIKE YOU DID RECEIVE THE TAX CREDIT.
UH, TH YOUR APPLICATIONS WERE APPROVED.
IT LOOKS LIKE LAST SUMMER, AND YOU CURRENTLY HAVE A BUILDING PERMIT FOR REMODEL, WHICH HAS BEEN EXTENDED THROUGH THE END OF THIS YEAR, BUT WHEN DID YOU RECEIVE THAT BUILDING PERMIT FROM THE CITY OF AUSTIN? KEN, DID YOU WANT TO, DO YOU WANT TO TAKE THAT ONE? YEAH.
UM, YOU NEED ONE SECOND, AND I GUESS RELATED TO THAT, YOU HAD MENTIONED TOO, THAT YOU'RE STILL WAITING FOR, UM, APPROVAL OF YOUR PARKING PLAN, BUT IT DOESN'T APPEAR THAT THAT WAS HOLDING UP YOUR BUILDING PERMIT IF YOU HAVE THAT ALREADY.
SO I GUESS I'M A LITTLE CONFUSED ABOUT WHY THAT WOULD, YOU KNOW, OBVIOUSLY YOU NEED ONE, BUT IF YOU HAVE AN APPROVED BUILDING PERMIT, UM, WHAT I'M TRYING TO GET AT IS WHY HAVEN'T YOU STARTED THE REPAIRS YET? YEAH.
AND, AND, AND I CAN ANSWER THAT.
SO, UM, YOU KNOW, TO, TO A CERTAIN EXTENT, THE, YOU KNOW, THE, UM, THE EFFORTS THAT IT TAKES, YOU KNOW, BOTH FROM, YOU KNOW, UM, EQUITY, GETTING OUR CONTRACTORS, UH, IN LINE, WE REALLY WANTED TO HIT THIS.
UM, YOU KNOW, ONCE WE HAD EVERYTHING IN PLACE, UM, YOU KNOW, IT'S, UH, THERE IS A FINANCIER, YOU KNOW, WE ARE, UH, GETTING APPROVAL FROM, UM, YOU KNOW, OUR BANK ON THE TOTAL PROJECT.
AND THIS IS, YOU KNOW, ONE OF THE, UH, KIND OF CHECKLIST ITEMS, UM, THAT IS REQUESTED THAT WE HAVE THIS, UH, THIS RESOLVED AND, YOU KNOW, THAT THAT'S BEEN ONE OF THE REASONS FOR THE DELAYS, YOU KNOW, COVID AS WELL.
UH, THIS IS GOING TO BE A BAR RESTAURANT.
THERE ARE LOTS OF DOUBTS, YOU KNOW, IN THE RESTAURANT INDUSTRY.
UM, YOU KNOW, WHEN, UH, WHEN ALL THIS WAS GOING DOWN, KEN WAS AT YOU.
AND SO, YEAH, I MEAN, EFFECTIVELY, WE'RE LOOKING AT THE WHOLE, WHOLE PACKAGE AND WANTING TO KNOW THAT WE'RE GOING TO BE ABLE TO GET A CEO, UH, YEAH.
UH, AND, AND NOT HAVE TO PUT YOUR OTHER, UH, YOU KNOW, PARKING, UH, ALTERNATIVES, I SHOULD SAY, UH, BEFORE, YOU KNOW, GOING FORWARD WITH, WITH THE, THE PROJECT AS A WHOLE, UH, MR. JOHNSON, WERE YOU ABLE TO SIGN THE DATE WHEN YOUR BUILDING PERMIT WAS APPROVED? UH, SO MY INTERNET'S RUNNING A LITTLE BIT SLOW, UM, BUT IT WAS, IT APPEARS THAT IT WAS APRIL 1ST, 2020.
UH, I SEE SOME OTHER COMMISSIONERS HAVE QUESTIONS.
SO, UM, YOU KNOW, EXCITING PROJECT, BUT MY, MY CONCERN OR OUR CONCERN IS A COMMISSION IS THINGS THAT ARE UNSAFE AND I'M PARTICULARLY UNCLEAR.
I'M CONCERNED ABOUT THE CANOPY AND THE THINGS, HOLDING IT UP THAT, UM, ARE DANGEROUS, YOU KNOW, THEY'RE NOT, UH, SECURED TO THE GROUND.
AND SO I, I UNDERSTAND THAT YOU'RE THE REASONS WHY YOU'RE, YOU KNOW, YOU HAVEN'T PROCEEDED WITH YOUR FULL PROJECT AS FAST AS, UM, YOU MIGHT HAVE IF WE DIDN'T HAVE COVID, BUT WHAT'S YOUR PLAN FOR GETTING THESE THINGS, UH, TAKEN CARE OF THAT ARE THAT POSE A DANGER TO PEOPLE WALKING BY IN THE MEANTIME? YEAH, THIS IS JASON.
UM, I, UH, WE, WE HAD OUR CONTRACTOR MAKE THOSE, UH, THOSE INITIAL PLATE, YOU KNOW, WERE TO BE TEMPORARY, UH, REPAIRS PREVIOUSLY TO THAT CANOPY.
THEY, THEY HAD TOLD US THAT IT WAS, YOU KNOW, STRUCTURALLY SOUND.
I KNOW THERE IS SOME, SOME DELICATENESS AROUND, UH, CHANGING THE CANOPY
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DUE TO HISTORICAL CONCERNS.I UNDERSTAND YOU COMPLETELY UNDERSTAND FROM THE AGENT PERSPECTIVE, UH, I'M AN ATTORNEY.
I, I UNDERSTAND THAT, UM, YOU KNOW, IT, I, I WAS NOT AWARE THAT IT WAS, IT WAS NECESSARILY UNSAFE, UH, WAS UNDER THE IMPRESSION THAT IT HAS BEEN STABILIZED.
UM, YOU KNOW, I'M UP IN, UH, UP IN FORT WORTH AND NOT DOWN THERE THAT OFTEN, BUT, YOU KNOW, WE DID, UM, ADDRESS THIS, UH, WITH OUR CONTRACTOR AND, YOU KNOW, THIS IS, THIS IS THE SUGGESTION THAT THEY, THEY MADE.
THEY, UM, YOU KNOW, IT'S A TEMPORARY FIX OBVIOUSLY UNTIL HE GO THROUGH WITH THE, UH, YOU KNOW, FULL RENOVATION OF THE CANOPY.
BUT I KNOW THERE IS SOME, UM, WE HAVE TO BE CAREFUL WITH WHAT WE, WE CHANGE, UH, OR, OR SHOULD NOT CHANGE, UH, WITH RESPECT TO THE CANOPY, BECAUSE IT'S, IT'S, UH, YOU KNOW, GOT A GRANDFATHER DAN, AND PART OF THE, UH, HISTORIC RESTORATION.
SO, UM, YOU CAN, I DON'T KNOW IF YOU HAVE ANY MORE COLOR ON THAT.
UM, AS FAR AS THE CANOPY GOES, BUT, YOU KNOW, ABSOLUTELY, YOU KNOW, WILLING TO DO WHATEVER WE, WE CAN, UH, TO IMPROVE THE SAFETY THERE.
UM, YOU KNOW, THAT'S WHAT THE, UH, ABOVE IT'S IMPORTANT.
SO, YOU KNOW, BALANCING EVERYTHING, UM, YOU KNOW, I'M PREPARED TO MOVE FORWARD, UH, YOU KNOW, AND, AND FURTHER SECURING, UH, THAT FROM A STRUCTURAL PERSPECTIVE, THE EXTENT THAT, YOU KNOW, THAT IT'S NECESSARY, UM, YOU KNOW, WE WERE UNDER THE IMPRESSION THAT, THAT IT WAS NOT A, A, A SAFETY HAZARD, UH, YOU KNOW, AS IT IS.
SO INSPECTOR ADAMS, COULD WE GET YOUR TAKE ON WHETHER OR NOT IT'S A SAFETY OCCURRENCE, SAFETY CONCERN? UH, YES.
BEFORE I, BEFORE I GIVE COMMENTARY, THEN I WANT TO, UH, GO BACK A LITTLE BIT.
A STATEMENT WAS MADE CONCERNING THAT, UH, PERMITS, UH, WERE ACTIVE FOR THE PROPERTY AND IN, I DON'T KNOW IF MAYBE IT HAPPENED, UM, AFTER, UM, FOUR O'CLOCK THE DAY, BUT AS OF, UH, THE TIME I LEFT MY CUBE CO UM, I CHECKED FOR THE PERMITS AND THEY'RE STILL IN A PENDING STATUS AND THEY'RE PENDING BECAUSE THEY HAVEN'T BEEN PAID FOR, UM, THEY'RE ARE NOT ACTIVE PERMITS.
AND, AND I BELIEVE THE PERMITS WERE FROM 2020.
UM, I THINK IT'S ZERO FIVE, THREE, FOUR SEVEN, FOUR IS THE ACTUAL PERMIT NUMBER.
UH, THE OTHER THING I LIKE TO BRING TO THE ATTENTION OF THE COMMISSION IS THAT THEY RECEIVED THE SITE PLAN AND APPROVED SITE PLAN FOR REPAIRING THE BUILDING AND THE AWNING AS OF DECEMBER OF 2019 ON THE PERMITS WERE NOT APPLIED FOR UNTIL APRIL 20TH.
AND HERE WE ARE, MAY GOING INTO JUNE OF 2021, AND THEY HAVE NOT BEEN APPROVED, OR THEY HAVEN'T BEEN PAID FOR THEY'RE STILL IN A PENDING STATUS.
UM, THEY ALSO RECEIVED A PLAN REVIEW, UH, IN 2020 THERE WAS APPROVED, UH, FOR THE WORK THEY WANT TO, THEY WANT TO DO WITH THAT PROPERTY.
I HAVE TALKED TO MR. JONES AND I BELIEVE I SPOKE TO MR. JOHNSON A WHILE BACK WHEN I THINK THE GRASS HAD GROWN UP AROUND THE PROPERTY.
I HAVE NOT BEEN IN CONTACT WITH, UM, MR. FRANKLIN OR MR. MOODY.
AND I AM FAMILIAR WITH THE HISTORY OF THAT PROPERTY.
I BELIEVE THE FAMILY THAT OWNED IT WAS THEIR HERNANDEZ.
AND PRIOR TO THAT, IF, IF, IF WE WANT TO REALLY GO BACK IN TERMS OF HISTORIC, UH, INFORMATION AT ONE TIME THAT WAS CALLED THE GREEN SPOT TAVERN, THAT'S HOW OLD THAT IS.
SO, AND I THINK LA BARBECUE EVEN OCCUPIED, UM, THE REAR PORTION OF THAT PROPERTY AT ONE TIME, AS FAR AS THE SITE PLAN, I BELIEVE THEY ARE, THEY HAVE BASICALLY FOUR PARKING SPACES, TWO OF WHICH WOULD BE ADA COMPLIANT.
AND THEN I THINK THEY HAVE TO GET AN ADDITIONAL TWO PARKING SPACES BRINGING IT TO SIX, BECAUSE IT'S PART OF THE, I THINK THE TOD ZONING AREA IN TERMS OF GOING BACK TO YOUR QUESTION ABOUT THE SAFETY OF THE CANOPY, UH, AS I ALWAYS, UH, THINK ABOUT WHEN I INSPECT THE PROPERTY, DO I, WOULD I FEEL SAFE WALKING UNDER THAT PROPERTY WITH MY FAMILY.
AND, AND MY QUESTION TO THAT IS I'VE HAD SOME CONCERNS ABOUT IT.
UH, LIKE I SAID, THOSE POSTER, UM, THEIR TEMPORARY POST SAYS MR. JONES, UH, AND MAYBE MR. JOHNSON HAD SPOKEN ABOUT, THEY ARE TEMPORARY POSTS.
AND, UH, THEY HAVE BEEN, UH, HOLDING UP THAT CANOPY ALONG WITH THE EXISTING POSTS AND I'M NOT AN ENGINEER, SO I CAN'T REALLY GIVE A DEFINITIVE ANSWER ON WHETHER OR NOT, UH, IT'S SAFE.
AND THAT IS PART OF THAT STRUCTURE, UM, WHICH ALSO IS HISTORICAL.
SO AGAIN, I, I UNDERSTAND THE, THE TIME IT'S TAKEN TO ACTUALLY ADDRESS SOME OF THOSE ISSUES, BUT, UH, AGAIN, I
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HAVE, I DO HAVE CONCERNS ABOUT THE SAFETY AROUND THAT BUILDING.DID YOU HAVE A QUESTION? THANK YOU.
UM, I THINK JUST FOLLOWING ALONG WHAT COMMISSIONER MARLA WAS SAYING, LET ME JUST SAY I'M, I'M DELIGHTED TO SEE, UH, INVESTMENT CAPITAL DIRECTED TOWARD THE PRESERVATION OF HISTORICALLY SIGNIFICANT STRUCTURES.
UM, AND SO, UH, YOU KNOW, THIS IS A SITUATION WHERE MY INCLINATION IS TO TRY TO, UH, UH, YOU KNOW, TO TRY TO TAKE STEPS AS THE COMMISSIONER THAT WE, THAT WE, THAT ARE WITHIN OUR AMBIT, UM, THAT WOULD FACILITATE THIS.
UM, ALTHOUGH POTENTIALLY SOME OF, UM, MR. FRANKLIN'S INVESTMENT MIGHT BETTER BE REDIRECTED TO EXPANDING HIS EXISTING DINING ROOMS. WE DON'T HAVE TO WAIT THREE HOURS IN LINE FOR BARBECUE, BUT, UH, YOU KNOW, THAT'S JUST MY, EITHER HERE NOR THERE.
UM, I GUESS WHAT THE, MAYBE THIS IS THE BEST DRAG IN THE CITY, WHAT CAN BE DONE, UM, PROVISIONALLY TEMPORARILY TO ADDRESS LIFE SAFETY CONCERNS, YOU KNOW, HEALTH AND SAFETY ISSUES DURING THE PENDENCY OF THIS PROJECT, WHAT AUTHORITY DO WE HAVE AS A COMMISSION? AIN'T NO KNOW LET'S KIND OF FIND A WAY FORWARD.
AND I DON'T KNOW TO WHOM THAT THAT QUESTION IS BEST DIRECTED, BUT, UH, MAYBE THE PROPERTY OWNER CAN PROPOSE SOMETHING MAYBE, UH, INSPECTOR ADAMS HAS SOME IDEAS OF HOW DO WE, HOW DO WE DO THIS WITHOUT SHIRKING OUR RESPONSIBILITY TO OUR FELLOW CITIZENS TO ENSURE THE SAFETY OF THE COMMUNITY, UH, WHILE THIS IS ONGOING.
SO I'M JUST GOING TO LEAVE THAT OUT THERE.
I DON'T KNOW TOO MUCH DIRECTED, BUT THAT, THAT'S ALL I HAVE.
SO, UM, THANK YOU, MADAM CHAIR.
WHO IS THIS SPEAKING? YEAH, THIS, THIS IS JASON JONES.
YOU KNOW, I, WE TOTALLY APPRECIATE, UM, YOU KNOW, THE, THE, THE SENTIMENT THERE AND YES, UH, YOU KNOW, AS FAR AS SAFETY IS CONCERNED, YOU KNOW, WE DO HAVE A FENCE UP, UH, SOMETIMES, YOU KNOW, IT CAN GET BLOWN DOWN, UH, FROM TIME TO TIME WHEN WE'RE ALERTED OF THAT.
WE, WE MAKE SURE AND HAVE THE FENCE COMPANY GO BY AND, AND SECURE IT, UH, TO MY KNOWLEDGE NOBODY'S GOTTEN IN THE BUILDING.
UM, IT'S, IT'S SECURED FOR, FROM, YOU KNOW, HUMAN ENTRY.
UM, YOU D W GETTING IN THROUGH THE DOORS, OR, YOU KNOW, THOSE, THOSE WINDOWS THAT ARE BUSTED OUT, WE WERE ACTUALLY ADVISED THAT IT WAS BETTER TO, UM, YOU KNOW, TO HAVE, UH, THE, THE WINDOWS NOT IN THERE OR EXPOSE, UM, JUST TO KEEP IT, KEEP AIR GOING THROUGH THERE BECAUSE THE INSIDE OF THE BUILDING, YOU KNOW, THERE'S, IT'S, IT'S JUST FOUR WALLS, UM, YOU KNOW, BRICK WALLS THERE.
AND SO, UM, YOU KNOW, I'M HAPPY TO GET A RECOMMENDATION FROM, YOU KNOW, UH, OUR ENGINEER OR A CONTRACTOR AS TO EITHER WHAT WE CAN, CAN DO, UH, WHETHER OR NOT THE PROPERTY IS, YOU KNOW, CONSIDERED UNSTABLE OR UNSAFE.
UM, YOU KNOW, OUR CONTRACTORS,
UM, AND I THINK THESE, UH, W WERE TEMPORARY REPAIRS, UH, UNTIL WE, YOU KNOW, HAVE THE ABILITY TO, UM, PULL THE TRIGGER AND HAD EVERYTHING IN PLACE TO START CONSTRUCTION WITH
SO, UM, YOU KNOW, AGAIN, THANK YOU FOR, FOR APPRECIATING WHAT WE'RE TRYING TO DO HERE AND RESTORING A PIECE OF AUSTIN HISTORY.
UM, YOU KNOW, IT'S, IT'S A, IT'S A PROJECT THAT'S NEAR AND DEAR TO MY HEART, AND, UH, THAT I'VE BEEN WORKING ON FOR A LONG TIME.
AND, AND, YOU KNOW, WE'VE GOT A FANTASTIC TEAM OF PARTNERS HERE, UH, ALL IN, ON THIS THING.
AND OF COURSE, UH, YOU KNOW, AS MENTIONED, UH, I'M WILLING TO GET ADVICE, UH, FROM OUR CONTRACTOR ENGINEER ARCHITECT AS TO, UH, YOU KNOW, HOW WE MIGHT GO ABOUT FURTHER IMPROVING THE STABILITY, UM, YOU KNOW, OF THE, OF THE CANOPY TO, SO IT DOES NOT POSE A RISK TO THE PUBLIC, UH, AND GO BY THEIR RECOMMENDATION.
UH, UM, LIKEWISE, YOU KNOW, LIKE IN MR. ADAMS, I I'M, I'M A LAWYER, NOT AN ENGINEER.
UH, I DON'T HAVE THE ABOVE MY PAY GRADE TO ASSESS THE STRUCTURAL INTEGRITY OF THAT, BUT, UH, HAPPY TO GET, UH, YOU KNOW, RECOMMENDATION OR ADVICE FROM THOSE EXPERTS AND, AND PROCEED DOWN THAT PATH TO, TO SECURING, UH, IT FURTHER AS, AS MAYBE NECESSARY.
WELL, WE'LL DISCUSS SOME OPTIONS AS, AS A COMMISSION HERE SHORTLY.
DID YOU HAVE A QUESTION? UM, YEAH.
I'M WONDERING MR. ADAMS, THE THREE ITEMS THAT TAKE YOU THROUGH THE PRESENTATION, UH, THE, UH,
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UM, THE CANOPY, UH, CANOPY, WHAT WOULD HAPPEN IF WE JUST BLOCKED OFF THAT PART OF THE, UH, THE STREET CAN'T WALK ON THE PATH? WHAT WOULD THE IMPACT BE TO THE NEIGHBORHOOD IF YOU, IF YOU CAN ANSWER THAT? YES.THANK YOU FOR THE QUESTION MR. GREEN.
I, I REALLY, UM, UH, I THINK THE FIRST THING WOULD HAVE TO HAPPEN IS THAT, UH, THEY'D HAVE TO GET A PERMIT, UH, RIGHT AWAY PERMIT TO DO THAT.
UM, I DON'T THINK IT WOULD IMPACT IF YOU'RE ASKING ME ABOUT THE IMPACT OF THE NUMBER OF PEOPLE THAT WALK ON THAT SIDE OF THE STREET.
UM, I DON'T THINK THE IMPACT WOULD BE, UH, THAT GREAT.
UM, UM, LIKE I SAID, I'M, I'M UP AND DOWN EAST SIXTH STREET, AS WELL AS WEST SIXTH STREET EVERY DAY SINCE I HANDLED THE COMMERCIAL PROPERTY AND THE DOWNTOWN AREA.
SO, UM, I'M BY THERE CONSTANTLY, UM, THERE IS PARKING RIGHT IN FRONT OF THE FACILITY.
THERE'S PARKING ACROSS THE STREET, I BELIEVE AT THE BUENOS AIRES RESTAURANT AS WELL.
UM, MOST OF THE TRAFFIC, UH, THAT IF IT DOES GO BY, THERE IS FROM ACROSS THE STREET ON WALL, THERE THERE'S AN APARTMENT THAT WAS BUILT, UH, RIGHT DIRECTLY ACROSS THE STREET.
UM, ONE TIME THAT WAS JUST A VACANT LOT.
SO I DON'T, I CAN'T, I'M NOT SURE HOW IT WOULD IMPACT THAT, BUT THEY WOULD HAVE TO GET THE RIGHT OF WAY PERMIT.
WELL, I'M THINKING MORE ALONG, I'M CONCERNED ABOUT PEDESTRIAN THAT WE'RE BOTH TALKING ABOUT.
ARE WE TALKING ABOUT BARS? AND I WAS TALKING ABOUT JUST TRAVELING UNDER THE CANOPY, WALKING AROUND TO WALLACE STREET OR WALKING AROUND TO EAST SIXTH STREET.
UM, AGAIN, THEY, THEY COULD, UH, I MEAN, UH, MR. JONES HAD MENTIONED THAT THEY HAVE, THEY HAVE A TEMPORARY FENCE IN THE BACK AND THEY, YOU KNOW, IT'S A BLOCK OFF THAT SIDEWALK THEY'D HAVE TO GET UNDER THAT CANOPY.
THEY'D HAVE TO GET A RIDE RIDER OR RIGHT AWAY PERMIT.
SO IT'S POSSIBLE AGAIN, IT'S DOABLE, BUT I JUST DON'T, UH, UH, YOU KNOW, THAT'S SOMETHING THAT, UH, ABOVE MY PAY GRADE ABOUT TERMS OF, UH, IMPACT OF, OF THE TRAFFIC, AS WELL AS THE, UH, NUMBER OF, UH, THE FOOT TRAFFIC, AS WELL AS THE MOBILE TRAFFIC IN THAT AREA AREA.
DO YOU HAVE ANY IDEA OF HOW MUCH THE PERMITS THAT THEY HAVE NOT YET PURCHASED? DO YOU HAVE ANY IDEA HOW MUCH I ACTUALLY LOOKED AT THE PERMITS? YEAH.
I LOOKED AT THE PERMITS TODAY.
THEY, I BELIEVE THEY'RE, UH, JUST A LITTLE BIT BELOW $400 EACH, THE BP, THE P THE MP AND THE PP, THE PLUMBING PERMITS.
UM, AND, AND AGAIN, THE REASON WHY THEY'RE IN THE PENDING STATUS IS BECAUSE THEY HAVEN'T BEEN PAID FOR, WELL, YOU GOT TO PULL THE TRIGGER IF YOU WANT ACTION.
YOU KNOW WHAT THAT JUST AFRICANS, UM, YEAH, MR. GREEN.
UM, IF I MAY ADD REAL QUICK, UM, THE, THE CLOSING OFF OF THAT, UM, CANOPY WILL OCCUR ONCE CONSTRUCTION COMMENCES, UM, BOTH, BOTH SIDEWALKS.
I BELIEVE THEY'RE ON, UM, FRONTING SIX AND WALLER WILL BE, WILL BE CLOSED OFF, OR, UM, YOU KNOW, IT'S SURROUNDED BY SCAFFOLDING BECAUSE THE EXTERIOR OF THE, OF THE BUILDING, UH, YOU KNOW, WILL UNDERGO A RESTORATION.
SO, YEAH, THAT'LL GET YOU TO UNDERSTAND HOW YOU'RE TRYING TO FACE THIS AND MANAGE THE ASSETS, THE PROJECT FOR THE SAKE OF THE COMMUNITY, AND TO MAKE THIS PLACE SHARE, BUT WALK AROUND, YOU KNOW, UM, SO THAT, UH, WE CAN AVOID, YOU KNOW, JUST KIND OF CONCERNED.
AND I'VE SEEN THOSE IN CONSTRUCTION PROJECTS FOR 50 YEARS, AND, YOU KNOW, YOU BUILD A LUMBER WALK AROUND SO THAT PEOPLE DON'T HAVE TO WALK UNDER A DANGEROUS AREA, OR SOME, OUR CODE PROBABLY HAS A MUCH BETTER IDEA THAT COKE CAN TELL YOU HOW TO DO IT.
BUT I MEAN, WE'RE, WE'RE TRYING TO ADDRESS THAT.
AND IF YOU SCARIER THE NEIGHBORHOOD, YOU GUYS WANT TO INVEST IN THE NEIGHBORHOOD, HE WANTS YOU DO A GREAT JOB IN HIS STORE, IN AS THE OPPORTUNITY, ONE WAY TO GAIN SOME GOOD FACES, BUT, YOU KNOW, MAKE SURE THE NEIGHBORHOOD FEEL SAFE.
I COULDN'T AGREE WITH YOU MORE, UM, YOU KNOW, I'M HAPPY TO GET, UH, OPINIONS FOR, LIKE I SAID, FROM OUR ARCHITECTS AND ENGINEERS ON, UH, WHAT ELSE WE CAN DO, UH, TO IMPROVE THE SAFETY THERE, UH, TO THE EXTENT THAT IS, IS STRUCTURALLY UNSAFE.
UM, YOU KNOW, I WOULD TEND TO GO ON THE RECOMMENDATIONS OF THOSE EXPERTS AS TO, UH, THEIR OPINION ON, ON THAT ISSUE.
UM, AND, AND WE'RE HAPPY TO MAKE WHATEVER CHANGES, YOU KNOW, UH, ARE NECESSARY TO ENSURE THAT IT'S STRUCTURALLY, UH, SAFE FOR PEDESTRIAN TRAFFIC.
[01:55:01]
YOU KNOW, BOTH, BOTH PRIOR TO, AND OBVIOUSLY, UM, YOU KNOW, WITH OUR CONTRACTOR WANTS CONSTRUCTION COMMENCES.CODY ADAMS, DID YOU HAVE SOMETHING TO ADD? SO I DID HAVE MY HAND UP.
SORRY TO INTERRUPT COMMISSIONERS QUESTIONS.
COMMISSIONER STILL SAID THAT, I GUESS I WOULD JUST MOVE TO, UH, TO, TO CLOSE THE PUBLIC HEARING AT THIS POINT SO THAT WE CAN CONFER AS A COMMISSION, UM, WITHOUT FURTHER, UM, QUESTIONS.
I MOVED TO CLOSE PUBLIC HEARING.
UM, WOULD ANYONE LIKE TO ENTERTAIN OTHER MOTIONS OR WOULD, SHALL WE DISCUSS A BIT FIRST? DO YOU HAVE OPTIONS AS A COMMISSION? WE CAN ORDER THINGS TO BE BOARDED AND SECURED CAN, UH, REQUESTS, YOU KNOW, TEMPORARY SHORING.
WE CAN REQUEST AN ENGINEER'S REPORT.
WE DID THIS ON A PROPERTY ON CONGRESS AVENUE A FEW MONTHS BACK WHERE WE AT, THEY HAD A SIGNIFICANT, UH, PROFILE.
AND, UH, WE ASKED THEM TO, YOU KNOW, SECURE IT.
AND IF THEY WANT TO DO SOME SIGNIFICANT INVESTMENT, THAT'S FINE, BUT WE'VE MADE SURE THAT IT WOULDN'T FALL OVER AND KILL SOMEBODY.
SO I DON'T RECALL EXACTLY HOW WE DID THAT.
THAT WAS A, THERE WAS A FENCE FROM BOB.
IT WAS RIGHT ON IN FRONT OF CONGRESS HAPPENED.
IF, IF I REMEMBER CORRECTLY, WE HAD REQUESTED THAT THE FACADE BE SECURED AND WE LEFT IT KIND OF VAGUE, VAGUE, BECAUSE WE WEREN'T ENTIRELY CERTAIN WHAT THAT WOULD MEAN.
LIKE THEY HAD WHEN, WHEN THE CASE CAME TO US, THERE WAS NETTING ON IT.
AND WE DIDN'T KNOW IF IT NEEDED A MORE RIGID SECURITY.
SO USUALLY BOTH WAYS TO PROVIDE THAT DIRECTION TO THE PROPERTY OWNER.
WE CAN INCLUDE THAT IN OUR ORDER TONIGHT, IF WE GET TO AN ORDER, YOU KNOW, I, I PERSONALLY DON'T KNOW THAT, YOU KNOW, BOARDING THE PROPERTY IS APPROPRIATE JUST GIVEN THE CONCERNS THAT WERE MENTIONED ABOUT BETTER TO KEEP IT VENTILATED.
UM, YOU KNOW, HOPEFULLY THEY WILL BE UNDER CONSTRUCTION VERY QUICKLY AND ALL THE PROBLEMS I'M SAYING NEXT, I THINK THEY NEED TO MAKE SURE IT'S SAFE TO WALK ON THAT SIDE OF THE STREET AND APPROXIMATE WALK AROUND WHY WITHOUT, AND YOU HAVE TO PUT A ROOF ON THE WORK AND, YOU KNOW, YOU'RE KIND OF DONE WITH IT FOR AWHILE.
AND I'M, OVER-SIMPLIFYING IT? NO, NO, NO.
THAT'S, THAT'S THE WHOLE, THAT'S THE END GOAL.
I THINK THERE WERE A COUPLE OF WAYS TO GET THERE.
I MEAN, ONE WOULD BE TO ADD MORE SHORING SO THAT THE ROOF AND VARIOUS PIECES BUILDING PIECES DON'T FALL DOWN ON PEDESTRIANS.
ANOTHER WOULD BE TO ACTUALLY BLOCK OFF THE SIDEWALK ON THAT SIDE.
AND I UNDERSTAND THAT WOULD REQUIRE MORE PERVERTING WITH, UM, SAID YOU RIGHT AWAY, WHICH MIGHT ADD TO THE TIMELINE, BUT, UM, THAT MIGHT BE FASTER THAN GETTING AN ENGINEER OUT THERE TO TELL THEM HOW TO SHORE IT UP.
SO, AND WE, YOU KNOW, WE COULD ORDER THAT IN A, IN A VERY SHORT TIMEFRAME THAT DOES NOT HAVE TO BE WHATEVER TIMEFRAME WE HAVE REPAIRS TIED TO.
AND WHEN WE PRESENTED AN ORDER, BUT AS MATT ACCELERATES THE ABILITY TO GET A PERMIT IN THE PIPELINE, I DON'T KNOW THAT IT DOES NECESSARILY, UM, AS MR. ROY WITH US TONIGHT, MAYBE HE COULD SHED SOME LIGHT ON IT.
I DON'T KNOW THAT IS WITH THIS TONIGHT.
I DIDN'T WANT TO, MR. IS COMMISSIONED A GREEN WHERE YOU STILL DID.
YOU STILL HAVE THE FLOOR? I DIDN'T WANT TO.
SO THEY'RE THE KIND OF REST AVENUE PROPERTIES THAT YOU REFERENCED? UH, I THINK YOU ARRIVED A COUPLE OF MINUTES LATE.
THEY, UH, THEY ACTUALLY SHOWED UP, UH, TODAY.
UH, THEY, UH, DURING THE, I'M SORRY, I ALWAYS GET SOME DISTANCE COMMUNICATIONS AND PUBLIC ADMIN CONFUSED, BUT, BUT THEY WERE BACK HERE TODAY.
[02:00:01]
MY RECOLLECTION IS THAT, UM, YOU KNOW, WE, IT TOOK A SORT OF PRAGMATIC APPROACH TO THAT WOMAN AND SO FAR OUT, AND I BELIEVE THAT WAS ON, UH, INSPECTOR ADAM'S BEEP UM, THAT, UH, YOU KNOW, IN MY, MY SENSE WAS, OKAY, WE CAN PHRASE THIS IN SUCH AND SUCH A WAY.AND IT'S THE CLASSIC PROBLEM OF, OF, OF LAW WHEN YOU TRY TO, YOU KNOW, ISSUE, UH, IN AN ORDER IN LANGUAGE THAT ISN'T, YOU KNOW, OVER INCLUSIVE OR UNDER INCLUSIVE, OR WHAT HAVE YOU.
UM, BUT IN THE END, IT COMES DOWN TO THE, THE HUMAN PROFESSIONALS THAT ENFORCE IT.
AND SO I, I DO THINK WE HAVE THAT OPTION, UH, WITH US, UH, PARDON ME, THAT OPTION BEFORE US AGAIN, THIS EVENING, WHICH IS TO SAY, UM, I THINK WE ALL HAVE A SENSE OF WHAT WE WANT TO HAPPEN DURING THE PENDENCY OF THIS PROJECT, WHICH IS TO SAY, UM, THAT THE PROPERTY SHOULD BE REASONABLY SECURED FROM, UH, POSING A LIFE SAFETY CONCERN.
SO THE PEOPLE, UH, WALKING BY, UH, WE ALSO UNDERSTAND THAT THERE ARE PROCEDURAL IMPEDIMENTS, UH, INSOFAR AS IT MIGHT BE DIFFICULT TO OBTAIN A RIGHT AWAY PERMIT TO JUST ERECT THE SCAFFOLDING AROUND IT AND DIRECT PEDESTRIAN TRAFFIC ACROSS THE STREET.
THERE MIGHT BE OTHER ORGANS OF GOVERNMENT WITH WHICH, YOU KNOW, AND THOSE WOULD HAVE TO CONTEND IN ORDER TO ERECT THAT SORT OF SECURITY.
UH, AND FINALLY WE HAVE SOME CERTAINTY THAT INSPECTOR ADAMS WILL CIRCLE BACK BY AND I WILL LOOK, AND IF HE THINKS THEY'RE NOT DOING WHAT WE TOLD HIM TO DO TO LET US KNOW, AND THERE'LL BE BACK IN FRONT OF US.
SO, YOU KNOW, WITHOUT REDUCING IT TO A MOTION AT THIS POINT, THIS IS JUST FOR DISCUSSION AT THIS POINT.
I GUESS WHAT I WOULD SAY IS WHY DON'T WE AS A COMMISSION, TAKE SOME CARE TO TRY TO FRAME AN ORDER THAT SAYS, MAKE THIS PROPERTY SAFE WHILE YOU'RE WORKING ON IT AND TO INCUR SUCH CLASSES AS NECESSARY TO DO SO.
AND, YOU KNOW, OUR, YOU KNOW, OUR FOLKS WILL BE CIRCLING AROUND AND, AND HAVING A LOOK IN THE NEXT FEW WEEKS AND, UH, AND YOU KNOW, THEY'LL LET US KNOW IF YOU'RE DOING THAT.
AND, UH, I DON'T KNOW, I DON'T KNOW HOW I ENVISION THAT PHRASING.
UM, UH, THE CHAIR CHAIR FREIBERGER MENTIONED SHORING AND SO FORTH, UH, BUT MAYBE NOT TO THE LEVEL OF SPECIFICITY ABOUT BOARDING IN CASE, YOU KNOW, THAT WOULD IMPEDE VENTILATION, MAYBE NOT TO THE LEVEL OF SPECIFICITY ABOUT REPLACING, UH, THE EAVES.
IF WHAT THEY'RE GOING TO DO IS END UP PLUCKING WOOD OUT OF HISTORICALLY SIGNIFICANT STRUCTURES, BUT MAYBE TO THE LEVEL OF GENERALITY OF MAKE IT SAFE, UH, WHATEVER THAT MEANS.
I, THAT'S JUST, I'M THINKING OUT LOUD HERE.
SO I'M GOING TO YIELD BACK HERE AND HEAR WHAT OTHER FOLKS HAVE TO SAY.
UM, I, I BELIEVE WE WOULD NEED TO BE MORE SPECIFIC THAN JUST KEEP IT SAFE BECAUSE THAT IS WHAT OUR BUILDING CODE AND PROPERTY MAINTENANCE CODE ALREADY SAYS.
SO I DON'T KNOW IF IT WOULD BE ACCEPTABLE TO DO AN EITHER OR, YOU KNOW, EITHER SHORE THIS UP WITH AN ENGINEER'S BLESSING OR BLOCK OFF THE SIDEWALK SO THAT NO ONE IS WALKING UNDERNEATH IT.
I'D BE OPEN TO OTHER, OTHER THOUGHTS FROM THE COMMISSION CHAIR.
WE HAVE ROBERT MOORE AND ELAINE GARRETT ON THE, ON THE SCREEN.
IF YOU'D LIKE TO ASK ONE OF THEM, ONE OF THOSE QUESTIONS I WOULD LOVE TO.
I THINK THE FIRST QUESTION IS AN EITHER OR, OR IF YOU HAVE OTHER RECOMMENDATIONS FOR HOW WE COULD MAKE IT SAFE UNDER THAT WALKWAY IN PARTICULAR
I THINK WE COULD FOLLOW ALONG THE SAME, UH, GUIDELINES THAT WE DID WITH THE, UM, CONGRESS, UM, LOCATIONS WE COULD, DEPENDING ON THE, THE CONDITION AND THE LEVEL OF, UH, UH, DEGREE THAT WE FEEL LIKE IT WOULD MAKE IT MORE SAFER FOR THOSE, UH, TO REQUEST A SHOWING WOULD BE, YOU KNOW, DEFINITELY SOMETHING THAT WE WOULD LOOK AT.
THANK YOU, MS. GARRETT, ACTUALLY.
UH, OH, DID I JUST INTERRUPT MR. MOORE? I THINK HE'S A MUTED AS WELL.
WELL THEN I'LL GO ON WITH MY THOUGHT, WHICH WAS THAT WE COULD ORDER THAT, UM, MORE EXTENSIVE SHORING BE PUT INTO PLACE UNTIL SUCH TIME AS THE SIDEWALK CAN BE RESTRICTED FROM PEDESTRIAN ACCESS UNDERNEATH THE STRUCTURE MIGHT BE A WAY TO DO THIS
[02:05:09]
AND DOES CHAIR.SO THE CHEMIST GENDERS THROWS THAT HERE, IF I WERE TO JUST SAY SO MOVED, WOULD THAT BE ADEQUATE TO PROVIDE THEM WITH MR. CARR? UH, YOU PROBABLY HAVE AN ISSUE, SO WE'D, WE'D PROBABLY NEED TO CLEAN UP THE LANGUAGE ON WHAT THAT SHORING IS AND DOES IT NEED TO BE AN ENGINEER'S RECOMMENDED SHORING AND A TIMELINE ON WHEN THAT WOULD NEED TO BE ACCOMPLISHED? UM, YOU KNOW, DOES THAT NEED TO BE DONE IN 30 DAYS, 45 DAYS, TWO WEEKS? I DOUBT ANYTHING COULD BE DONE IN TWO WEEKS TIME, BUT MAYBE, UM, YEAH.
MR. CARR, ANY OTHER THOUGHTS? BRANDON CARR ASSISTANT CITY ATTORNEY.
UM, ARE WE, IF YOU'RE LOOKING AT WHAT WE DID OR WHAT YOU DID FOR CONGRESS, IT WAS, YOU DID THE, I BELIEVE YOU DID JUST THE SECURING FIRST AND THAT WAS AN ORDER AND THEN ITS OWN PENALTIES.
AND THEN YOU CONTINUE THE REST OF THE CASE.
I DON'T KNOW IF THAT'S WHAT YOU'RE TRYING TO DO HERE, OR IF YOU'RE TRYING TO DO IT ALL IN ONE ORDER, WHICH YOU STILL CAN'T DO, BUT I BELIEVE THAT WAS THE QUESTION EARLIER.
I DON'T KNOW IF THAT WAS MR. STILL STARTS THE QUESTION, BUT THAT'S, UH, THAT'S GOOD INFORMATION TO HAVE NO, MAN, I'M SURE.
UM, IF I MAY, YEAH, THANK YOU FOR THAT REMINDER BECAUSE I ACTUALLY DO THINK THAT THAT'S PROBABLY A GOOD APPROACH HERE.
I THINK THAT THERE IS ENOUGH THAT REMAINS TO BE DONE THAT, AND, AND THAT THERE'S GOOD ENOUGH REASONS TO SEE IT THROUGH THAT.
IT DOESN'T MAKE A LOT OF SENSE TO, TO START THE CLOCK TICKING ON THE END GOAL.
AND SO CONTINUING THE REST OF THE CASE I THINK IS GREAT.
UM, SO I THINK IT FALLS TO US TO CRAFT AN ORDER IN SUCH A WAY THAT, UH, THERE'S A SHORT TIME HORIZON ON SECURING THE PROPERTY IN SUCH A WAY THAT IT CAN BE MADE AS SAFELY AS POSSIBLE CONSISTENT WITH THE OTHER ADMINISTRATIVE PROCEDURAL HOOPS, THROUGH WHICH THE OWNER HAS TO JUMP.
THERE SHOULD BE A MEDIUM TIMELINE WITH RESPECT TO THOSE PROCEDURAL HURDLES.
YOU KNOW, LIKE I LIKE TO TRY TO GET, UM, UH, RIGHT AWAY, UH, TO, TO, YOU KNOW, REDIRECT PEDESTRIAN TRAFFIC, AND THEN MORE OF AN INDEFINITE TIMELINE WITH, OKAY, YOU'RE TRYING TO SAVE A HUNDRED YEAR OLD BUILDING, YOU KNOW, ONCE, ONCE OUR SAFETY CONCERNS ARE ADDRESSED, YOU KNOW, I COULD SEE CONTINUING THAT, YOU KNOW, FOR MONTHS OR EVEN MANY MONTHS.
AND SO, SO, YOU KNOW, TO THE EXTENT THAT WE'RE TRYING THAT WE ARE IN AGREEMENT ABOUT THAT AS A COMMISSION, UM, I THINK THAT THE TASK AND WE MIGHT NOT BE, I MEAN, OBVIOUSLY THIS IS JUST ME, BUT, BUT, UH, BUT IF WE ARE IN AGREEMENT ABOUT THAT, I THINK THE TASK IS TO CRAFT AN ORDER IN SUCH A WAY AS SAYING, YOU KNOW, THE STUFF THAT YOU CAN DO QUICKLY, PLEASE DO QUICKLY, THE STUFF THAT YOU CAN DO A LITTLE LESS QUICKLY PLEASE DO WITH ALL DELIBERATE SPEED.
UM, AND THEN WE WISH YOU GODSPEED ON, UM, THIS PROJECT.
THAT'S KIND OF WHAT, I'M, WHAT I'M HOPING TO SEE HAPPEN TONIGHT.
UH, MR. CLARK, CAN YOU REFRESH OUR MEMORY? WHAT WAS THE TIMELINE THAT WE PUT ON THE CONGRESS AVENUE PROJECT FOR SECURING THE FACADE? WAS IT TWO WEEKS OR WAS IT 30 DAYS? UM, I MAY HAVE TO DEFER TO MELANIE, GIVE ME ONE MINUTE AND I'LL PULL THE ORDER UP AND I CAN TELL YOU, OKAY.
JUST WANTING TO BE CONSISTENT ON WHAT SEEMS REASONABLY ATTAINABLE.
YEAH, SHE CAN HOLD AT THIS TIME.
I FELT LIKE IT WAS SHORTER THAN TWO WEEKS.
I FELT LIKE IT WAS A PRETTY SHORT TURNAROUND WITHIN TO GET OUT THERE AND GET IT DONE.
I BELIEVE IT WAS 10 DAYS PER DEPARTMENT.
THERE WAS A T SHOWING ME A SECOND.
I THINK THAT WAS YOU AGAIN, HIS CHAIR.
I CAN'T MAKE A MOTION THAT, UM, UH, THIS WAS MR. GREEN LIKE THAT, UH, IS
THERE WAS A QUESTION FOR VICE CHAIR, OBVIOUSLY.
I JUST WANTED TO UNDERSTAND AND RESPECT THAT.
[02:10:01]
UH, UH, IF THE ASTHMA, I'M SORRY, I'M HAVING A HARD TIME UNDERSTANDING YOU COMMISSIONER GREEN.COULD YOU REPEAT, CAN YOU HEAR ME? YES, YES.
THANKS ASKING COMMISSIONER AGUILAR WHAT HIS OPINION WAS ON THIS PARTICULAR ISSUE, UH, LOOKING AT EVERYTHING AND, UH, AND I, AND I MAKE A MOTION TO THIS EFFECT THAT, UH, THAT THE, UM, THAT THE COMMISSION ORDER, UH, THAT THE BUILDING BE SICK HERE INCLUDES MAINLY THE CANOPY, UH, THAT IT BE BRACED PROPERLY TO THE POINT WHERE, UH, IT'S, UH, SAFE FOR THE PEDESTRIANS, INCLUDING, UH, UH, ACCORDING FORCER, ADAM AND HIS FAMILY TO SAFELY WALK UNDER, UH, AND, UH, THE PROPOSED ORDER BY, BY STAFF, UH, BE, UH, UH, SET ASIDE FOR LATER MEETING.
THANK YOU, COMMISSIONER FRYBERGER OR CHAIR FRYBERGER.
HAVE A COPY OF THE OTHER ORDER.
IT WAS 14 DAYS TO SECURE THE FACADE AND ON THE 15TH DAY, A THOUSAND DOLLARS PER WEEK, AND THEN INTEREST SHALL ACCRUE AT 10%.
AND THEN YOU CONTINUED THE REST OF THE CASES UNTIL THE NEXT MEETING.
AND MAY I ADD TO MY MOTION THAT, UH, IT BE SECURE WITHIN 14 DAYS, AND THEN AFTER THAT, UH, PENALTY WILL ACCRUE, YOU MIGHT HAVE A THOUSAND DOLLARS PER WEEK.
THAT WAS ALSO FROM THE, I JUST PULLED UP THE ORDER AS WELL.
IT WAS FROM THE DATE OF THE MEETING 14 DAYS FROM THE DATE OF THE MEETING.
AND I GET ATTACHED TO MY MOTION, BE EFFECTIVE IMMEDIATELY FROM TODAY'S DATE.
THANK YOU, COMMISSIONER MILLER.
UM, SO I'LL GO AHEAD AND RESTATE IT THE WAY THAT I, THAT I THINK I HEARD IT, WHICH IS, SO THE PROPOSED MOTION IS TO GO AHEAD AND SECURE THE CANOPY, UM, TO THE EXTENT THAT OUR COVID INSPECTOR FEELS SAFE, WALKING UNDERNEATH IT WITH HIS FAMILY.
I THINK WE SHOULD PROBABLY REVISE THAT GENERAL PUBLIC.
SO, WELL, AGAIN, THAT'S A LITTLE VAGUE, UM, BUT THIS IS WHAT I'VE HEARD.
STANFORD SECURE THE CANOPY STRUCTURALLY TO THE APPROPRIATE STANDARD BUILDING STANDARD.
TO BE SECURED WITHIN 14 DAYS FROM TODAY, AND IF NOT PROPERLY SECURED, THEN FINES WOULD BEGIN TO ACCRUE ON THE 15TH DAY.
AND THEN ALL OTHER CODE VIOLATIONS WOULD BE CONTINUED.
ALL, ALL, ALL OTHER CITED VIOLATIONS WOULD BE CONTINUED.
AND DO WE HAVE A TIMELINE FOR THE CONTINUATION? AND CAN YOU DO IT FOR, YOU KNOW, I WOULD SAY I WOULD ADD A HUNDRED DAYS TO MY MOTION.
UH, DO WE WANT TO PICK A SPECIFIC BSC MEETING? WOULD THAT BE AUGUST, SEPTEMBER, OCTOBER, OCTOBER.
I MEAN, I THINK IN IT SUMMER IS GONNA BE A TOUGH TIME TO GET OUT EVERYBODY EVENTUALLY WHEN OUR NEW YEAR.
SO THE REMAINDER OF THE CITED VIOLATIONS, THAT CASE WILL BE CONTINUED UNTIL THE OCTOBER MEETING OF THE BUILDING AND STANDARDS COMMISSION, UM, COMMISSIONER MILLER.
DOES THAT SOUND ALL ACCEPTABLE TO YOU? YES.
ANY FURTHER DISCUSSION BEFORE WE VOTE? I GUESS I'M, I'M STILL A LITTLE CONCERNED ABOUT, UM, THE WORDING OF THE SECURING, THE CANOPY, BUT NONE OF US ARE STRUCTURAL ENGINEERS, SO MAYBE WE DON'T NEED TO GET MORE SPECIFIC.
UM, BUT I GUESS I WOULD JUST BE A LITTLE CONCERNED THAT THE, UH, PROPERTY OWNER NEEDS TO UNDERSTAND WHAT NEEDS TO BE DONE SO THAT WHEN CODE, INSPECTOR ADAMS OR ANOTHER CODE INSPECTOR VISITS, THAT THERE IS AN AGREED UPON STANDARD FOR WHICH THAT THEY HAVE TO MEET, THEY HAVE TO EVALUATE THE RISK AND THE STANDARDS WILL MITIGATE THE RISK.
[02:15:08]
ANY OTHER SOUNDS LIKE YOU'RE COMFORTABLE WITH THAT COMMISSIONER GREEN, ANYONE ELSE? UH, COMMISSIONER STALL STEAD.I THINK I SHARE COMMISSIONER GREEN'S VIEW ON THIS ONE.
THAT'S THE SENSE I GET WELL, SO I'M VERY CONFIDENT AND INSPECTOR ADAMS, UH, YOU KNOW, UH, IF HE'S NOT AN ENGINEER, HE'S NEVERTHELESS GOOD AT WHAT HE DOES.
UH, AND THE SENSE I GET IS I AM WILLING TO GIVE THE BENEFIT OF THE DOUBT TO THESE OWNERS THAT THEY ARE GOING TO OPERATE IN GOOD FAITH AS WELL.
UH, AND IF FOR SOME REASON THERE EMERGES THIS DISAGREEMENT CONCERNING THE FIDELITY WITH WHICH THEY'RE COMPLYING WITH THIS ORDER, WE'LL HEAR BACK FROM INSPECTOR ADAMS. AND SO AGAIN, IT'S HARD TO NAIL THESE THINGS DOWN.
IT'S HARD TO PROVIDE FOR, UH, EVERY EVENTUALITY OR EXIGENCY WITH PROSPECTIVE AND GENERAL LANGUAGE SUCH AS, UH, ISN'T NECESSARY TO PUT INTO ONE OF THESE ORDERS.
BUT I, I AM CAUTIOUSLY OPTIMISTIC THAT, UH, THAT, UH, THESE PARTIES WILL DO RIGHT BY THIS COMMISSION AND BY THE, BY THE, UM, THE LAW THAT WE'RE TRYING TO FRANK TO FURTHER HERE.
SO, UM, YOU KNOW, IF ANYONE ELSE DISAGREES, I, YOU KNOW, I'M OPEN TO DISCUSSION, BUT I FEEL PRETTY GOOD ABOUT THIS.
I'D LIKE TO CALL THE QUESTION.
UM, I HAVE ONE MORE DISCUSSION CONCERN.
UM, MY OTHER CONCERN WOULD JUST BE OKAY.
SO OUR ORDER WOULD BE FOR THEM TO SECURE THE CANOPY SO THAT SOMEONE FEELS SAFE UNDER WHILE WALKING UNDERNEATH IT.
WHAT HAPPENS IF, AND WHEN THEY BLOCK OFF THAT SIDEWALK AND NO ONE IS WALKING UNDERNEATH IT, WHAT HAPPENS TO HER ORDER? WELL, UH, IN MY OPINION, THE, UH, YODER WOULD JUST BECOME AN EFFECTIVE BY THEY'RE ABLE TO, UH, BLOCK, BLOCK IT OFF THROUGH, UH, SOME PERMIT OR WHATEVER.
IF YOU'RE STILL WITH US, CAN WE GET YOUR OPINION ON THAT? SURE.
UM, I THINK IT WOULD BE SIMILAR TO, UM, A PERSON WHO'S ORDERED TO REPAIR SOMETHING AND THEY DEMOLISH IT.
COMPLIANCE CAN BE ACHIEVED IN MULTIPLE WAYS.
THAT'S THAT'S MY LAST CONCERN.
DID YOU HAVE SOMETHING ELSE OR AM I GOOD TO CALL IT? NO, YOU'RE YOU'RE GOOD.
I WAS JUST GOING TO SAY IF I SLEEP, WHAT YOU OKAY.
I WILL DO THIS BY ROLL CALL AGAIN.
THE QUESTION IS, UH, IF YOU APPROVE OF THE MOTION, UM, AS PREVIOUSLY STATED, AND LET ME FIND MY ROLL CALL LIST.
THANK YOU, COMMISSIONER GREEN.
THANK YOU, COMMISSIONER MILLER APPROVE.
THANK YOU, COMMISSIONER SEELIG.
AND I ALSO APPROVE ANDREA FREIBERGER, THE CHAIR.
SO WE HAVE CONTINUED THE REMAINDER OF THIS CASE TO THE OCTOBER MEETING OF THE BUILDING AND STANDARDS COMMISSION.
AND, UM, MEANWHILE FOR THE NEXT 14 DAYS, PLEASE GO IN SECURE THAT CANOPY AND, UM, A COPY OF THE ORDER WILL BE MAILED OUT TO YOU AND ANY FURTHER QUESTIONS, PLEASE GET WITH YOUR CODE INSPECTOR.
UH, COORDINATOR ALLIE, WE'RE READY
[3. Case Number: CL 2017-111475 Property address: 2215 E. Anderson Lane Service Road EB / Owner: Ghassan A. Karim, LLC Staff presenter: Marlayna Wright, Austin Code Department Staff recommendation: Demolish commercial structure]
FOR ITEM NUMBER THREE, ITEM NUMBER THREE ON THE AGENDA IS A RETURNING CASE.THE PROPERTY IS TWO, TWO ONE FIVE ANDERSON LANE AND HIS CASE NUMBER 2017 NINE FIVE NINE THREE SEVEN NINE.
THE EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN THE GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT A VACANT ABANDONED COMMERCIAL PROPERTY LOCATED IN NORTHEAST AUSTIN, WHICH IS CONSIDERED SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS AT THE SEPTEMBER 27TH, 2017 MEETING THE BSC HEARD THIS CASE AND ISSUED AN ORDER THAT INCLUDED REPAIR VACATE
[02:20:01]
BOARD INSECURE AS WELL AS A 24 HOUR FIREWATCH AND OTHER SAFETY REQUIREMENTS.PRIOR TO THE 2017 MEETING, THE BUILDING HAD BEEN ILLEGALLY CONVERTED FROM A COMMERCIAL OFFICE BUILDING INTO A ROOMING AND BOARDING HOUSE IN RESPONSE TO THE BSC ORDER.
THE BUILDING WAS VACATED IN BOARDED AND SECURED.
HOWEVER TO DATE, NO REPAIRS HAVE BEEN MADE.
THE BUILDING HAS SINCE BECOME, BECOME A HAVEN FOR VAGRANT AND DRUG ACTIVITY.
AND AS A RESULT, OUR CODE OFFICER IS CURRENTLY SCHEDULING THE 12TH BOARD INSECURE FOR THIS PROPERTY.
I WOULD ALSO LIKE TO NOTE THAT THE PROPERTY IS LOCATED APPROXIMATELY 92 FEET FROM THE NEAREST SCHOOL AND 150 FEET FROM THE NEAREST BANK BUILDING TONIGHT.
STAFF IS BRINGING THIS CASE BACK TO THE COMMISSION TO RECOMMEND DEMOLITION OF BOTH THE PRIVATE LECTURES AS THESE STRUCTURES REMAIN UNFIT FOR HUMAN HABITATION AND CONTINUE TO BE A HEALTH AND SAFETY HAZARD DUE TO THE CONSTANT VAGRANT ACTIVITY AND NUISANCE.
THIS PROB PROPERTY CAUSES A COMMUNITY IN YOUR GOOGLE DRIVE FOLDER.
YOU WILL FIND THE FOLLOWING EXHIBITS ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND REQUIRED POSTINGS.
AND THE PREVIOUSLY ISSUED BSE ORDER EXHIBIT FOUR, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS FOUR EIGHT THROUGH FOUR U U W.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE SUPERVISOR MARLENA WRIGHT IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS SUPERVISOR.
CAN EVERYBODY, EVERYBODY HEAR ME? OKAY.
GOOD EVENING, COMMISSIONERS AND SHARE.
MY NAME IS MARLINA, RIGHT? AND I AM A SUPERVISOR FOR AUSTIN CODES, CASE REVIEW AND ESCALATIONS DIVISION.
THE PROPERTY I CAN BRING IN BEFORE YOU WAS A VACANT, DILAPIDATED, DANGEROUS COMMERCIAL PROPERTY LOCATED AT 2215 EAST ANDERSON LANE HERE IN AUSTIN, TEXAS, THE OWNER HAS BEEN IDENTIFIED AS KAREEM, A TUCSON LLC, REGARDING THE OWNERSHIP.
I'VE HAD NO COMMUNICATION WITH THE OWNER.
ONLY THE OWNER'S DAUGHTER, NEITHER PARTY HAS RESPONDED TO IT HAS RESPONDED TO ANY REQUESTS TO BOARD AND SECURE WHEN NEEDED OR MAINTAIN THE PROPERTY PER CITY CODE.
AS MELANIE STATED IN HER INTRODUCTION, THIS PROPERTY WAS BROUGHT BEFORE THE COMMISSION IN SEPTEMBER OF 2017 AND RECEIVED AN ORDER SINCE 2018.
I WAS ASSIGNED TO THIS CASE IN AUGUST, 2019 AND AFTER PERFORMING MANY FOLLOW-UP AND FOLLOW-UP INSPECTIONS, I CAN ATTEST THAT THIS PROPERTY POSES A DANGER TO THE COMMUNITY.
THE INTERIOR HAS SUFFERED MAJOR DAMAGE DUE TO BAKER AND ACTIVITY.
THE INTERIOR IS LITTERED WITH TRASH SHOPPING CARTS, INSULATION SHEET INSTALLATION, AND SHE BROUGHT THE, HAS BEEN RIPPED DOWN JUNK AND HUMAN WASTE.
THE EXTERIOR OF THE STRUCTURE HAS ALSO SUFFERED DAMAGE AND DETERIORATION TO THE SIDING AND OTHER STRUCTURAL COMPONENTS AS WELL AS TATTOOED WITH GRAFFITI EVERY DOOR AND WINDOW ON THE MAIN STRUCTURE HAS BEEN BOARDED BY THE AUSTIN CODE DEPARTMENT.
THERE IS ALSO A DETACHED RED MORGAN SHED LOCATED IN THE REAR THAT HAS HAD PARTS OF THE PANELING REMOVED TO MAKE ENTRY.
THIS PROPERTY HAS BEEN EMERGENCY BOARDED AND SECURED A TOTAL OF 11 TIMES.
SINCE I HAVE BEEN ASSIGNED TO THIS CASE SINCE AUGUST, 2019, I HAVE PERFORMED A TOTAL OF THREE ABATEMENTS AND FIVE EMERGENCY BOARD AND SECURES WITH ANOTHER EBS BIRD BOARD AND SECURE SCHEDULED FOR TOMORROW AT MY FOLLOWUP VISIT YESTERDAY ON MAY 25TH, I OBSERVED AT THE REAR OF THE MAIN STRUCTURE AND THE MORGAN SHED IS OPEN AND ACCESSIBLE.
AGAIN, DURING THIS INSPECTION, I DID OBSERVE SOMEONE IN THE SHED I HAVE MET AND COLLABORATED WITH APD SEVERAL TIMES WHEN PERFORMING THESE SECURITIES, THIS PROPERTY HAS AN EXTENSIVE HISTORY WITH THE AUSTIN POLICE DEPARTMENT.
AND I WOULD LIKE TO READ INTO RECORD AN EMAIL FROM THE AUSTIN POLICE DEPARTMENT'S DISTRICT REPRESENTATIVE, ANDRE BLACK, PROVIDING HIS TESTIMONY.
OFFICER BLACK WAS NOT ABLE TO BE IN ATTENDANCE TONIGHT DUE TO AN OFF ANOTHER ALREADY SCHEDULED BACK W TO WHOM THIS MAY CONCERN.
I AM THE APD DISTRICT REPRESENTATIVE ASSIGNED TO THE AREA OF CONCERN.
AND I AM WRITING ABOUT THE PROPERTY LOCATED AT 2215 EAST ANDERSON LANE.
I WANTED TO EXPRESS MY CONCERNS ABOUT THAT PARTICULAR STRUCTURE FROM A PUBLIC SAFETY PERSPECTIVE.
I HAD BEEN OUT THERE TWO TIMES WITH OTHER OFFICERS TO WALK AROUND THE INSIDE OF THE CONDEMNED BUILDING, DUE TO THE BOARDS, BEING TAKEN OFF THE DOORWAYS AND OR WINDOWS FOR ENTRY AND OR REENTRY PURPOSES OF TRESPASSERS WHILE CONDUCTING A CHECK OF THE INTERIOR OF THE BUILDING.
YOU ARE IMMEDIATELY MET WITH ANIMAL AND HUMAN FECES ALONG WITH OLD CEILING INSTALLATION, HANGING FROM THE BROKEN CEILING PANELS, BROKEN GLASS, HYPODERMIC NEEDLES, OLD BROKEN FURNITURE, ACCESS TO THE ATTIC CLOTHING AND OLD
[02:25:01]
HALF EATEN FOOD, ET CETERA.THIS BUILDING IS CLEARLY NOT CONDUCIVE OR SUITABLE TO BE INHABITED BY ANY HUMAN BEING.
AND THE DANGERS OF TEARING THE BOARDS DOWN TO CLIMB THROUGH THE WINDOW OR DOOR TO ENTER ARE INHERENTLY DANGEROUS BECAUSE OF THE JACKET EDGES AROUND THE FRAMES OF THE WINDOWS AND DOORS, ALONG WITH LOCAL WILD ANIMALS, USING THE BUILDING AS A NESTING GROUND WITH THE RECENT PASSING OF PROPOSITION, THE REINSTATEMENT OF THE CAMPING BAND, THE PUBLIC CAMPING BAND, AS THE HOMELESS INDIVIDUALS BEGIN TO LOOK FOR PLACES TO GO AND LIVE.
THIS MAY BE AN OPTION TO SOMEONE OR A NUMBER OF OTHERS TO GO.
I BELIEVE THAT THIS LOCATION IS NOT ONLY KNOWN BY MANY OF THE INDIVIDUALS CURRENTLY EXPERIENCING HOMELESSNESS, BUT TOO MANY INDIVIDUALS WHO MAY NOT BE HOMELESS, BUT ARE OF THE CRIMINAL ELEMENT.
ACCORDING TO POLICE DEPARTMENTS, NINE ONE, ONE CALLS FOR SERVICE SINCE 2012, THERE HAVE BEEN THE FOLLOWING REPORTS, SHOTS FIRED GUN, URGENT INDIVIDUALS, EXPERIENCING MENTAL CRISES, INCLUDING EMERGENCY DETENTIONS AND TRANSPORT TO MENTAL HEALTH FACILITIES.
THEY'RE KARDEX RELATED ARRESTS AND INVESTIGATIONS, WELFARE CHECKS, ASSAULTS, OR GALLERIES, CRIMINAL TRESPASS, SUSPICIOUS PERSONS AND ABANDONED SUSPICIOUS VEHICLES, BUT THE MULTIPLE MULTIPLE QUEUED OF CALLS FOR SERVICE AT THIS LOCATION OVER SEVERAL YEARS, THAT POSES A SAFETY RISK FOR THE NEARBY BUSINESSES, SCHOOLS AND COMMUNITIES, INCLUDING THE COMMERCIAL BANK EAST OF THE PROPERTY, THE AUSTIN ACHIEVE PUBLIC SCHOOL, UH, SOUTH OF THE PROPERTY, A HEAVY WOODED CREEK BED.
UM, AND THEY HAD GUAVA PAUL'S APARTMENT COMPLEX OVER THE COURSE OF THIS PERIOD.
THERE HAS BEEN VEHICLES PARKED AT THE WHERE THE LOCATION NOT SEEN FROM THE TWO 90 HIGHWAY EASTBOUND SERVICE ROAD WHERE INDIVIDUALS HAVE LIVED FOR SEVERAL MONTHS AND WE'RE INDIVIDUALS GO TO BE HIDDEN, TO CONDUCT SUSPICIOUS ACTIVITIES BEFORE LEAVING EITHER ON THEIR OWN OR BY PUB BY POLICE ACTION.
THERE HAVE BEEN HUNDREDS OF OLD VEHICLE TIRES DUMPED BEHIND THE BUILDING POSING ADDITIONAL HEALTH AND SAFETY THREATS.
THIS LOCATION SERVES NO PURPOSE OTHER THAN BEING AN ATTRACTION FOR TRESPASSERS SQUATTERS, ILLEGAL DUMPING KNOWN REPORTED CRIMINAL ACTIVITY.
AND LOITERS WHICH PUTS EVERYONE IN THE COMMUNITY AT A, AT A RISK OF SOME SORT POSSIBLE VICTIMIZATION.
ALONG WITH THE DANGERS AND SAFETY RISKS OF ANYONE BEING INSIDE OF A STRUCTURE, THAT'S A MAJOR DISARRAY AND NEED OF EXTENSIVE REPAIR OR COMPLETE DEMOLITION.
I WILL NOW GO THROUGH THE PHOTOS.
I DO WANT TO JUST, UH, BRING TO EVERYONE'S ATTENTION.
I DO HAVE, UH, QUITE A FEW PHOTOS, BUT I BELIEVE THEY ARE NECESSARY TO PAINT, UM, THE ISSUES THAT ARE GOING ON AT THE PROPERTY.
SO PHOTO FOUR, ASIA IS A CONTEXTUAL THE PHOTO.
THIS IS BACK WHEN I, THIS IS WHEN I FIRST INHERITED THE CASE AUGUST 7TH OF 2019 NEXT.
SO THESE PHOTOS ARE JUST SHOWING THE CONDITION OF THE PROPERTY WHEN I INHERITED.
AND SOME OF THE INTERIOR, THE RED, THE SHED IN THE BACK THAT IS, UM, THE BROWN SHED IS GONE.
UH, THE RED MORGAN SHED DOES REMAIN ON THE PROPERTY THAT HAS BEEN BOARDED SEVERAL TIMES, AS WELL, AS YOU CAN SEE FROM THE BOTTOM PICTURES, UM, THIS WILL START PAINTING THE PICTURE OF WHAT THE INTERIOR LOOKS LIKE.
THERE HAS BEEN MAJOR GUTTING OF THE INSIDE OF THE STRUCTURE NEXT PHOTO AGAIN, AND THESE ARE PHOTOS OF THE INSIDE OF THE STRUCTURE.
UM, THESE ARE DIFFERENT ROOMS THROUGHOUT THE INTERIOR.
AGAIN, WE'RE JUST CONTINUING WITH WHAT THE INSIDE CONDITIONS LOOK LIKE IN 2019.
UM, AS YOU CAN SEE MUCH OF, UH, WHAT WAS LIVING INSIDE OF THE WALLS IS, IS, HAS BEEN RIPPED OUT NEXT, NEXT PHOTO, PLEASE, AGAIN, JUST CONTINUING WITH THE TREND OF WHAT THE INTERIOR LOOKS LIKE MAJOR DAMAGE TO THE WALLS, GRAFFITI, UM, ANY WIRING, CABLE COPPER, ANYTHING THAT WAS THERE IS NOW GONE NEXT PHOTO.
SO THESE ARE GOING TO BE SOME FOLLOWUP, RECENT PHOTOS, SO WE CAN SHOW THE CONTINUED TREND THAT THE PROPERTY FIRST PHOTO, PLEASE.
SO AGAIN, ON THE FOUR R IS GOING TO BE A CONTEXTUAL PHOTO OF THE PROPERTIES YOU CAN SEE IT'S JUST BEEN TATTOOED WITH GRAFFITI.
UM, FOR S IS A PICTURE OF SOME OF THE DUMP TIRES THAT THE OFFICER WAS MENTIONING IN HIS, UH, EMAIL.
UH, I REMOVED 298 TIRES, I BELIEVE IN APRIL, SHORTLY AFTER THIS PICTURE WAS TAKEN, UM, 14 SHOWS THE CONDITION OF THE MORGAN SHED.
THERE'S BEEN SEVERAL PANELS THAT HAVE BEEN RIPPED OFF.
SO THEY'RE BASICALLY JUST TAKING THIS THING APART.
UM, THIS, THIS STRUCTURE IS DIFFICULT TO BE BOARDED BECAUSE THERE'S, THERE'S NO STRUCTURAL COMPONENT REALLY FOR, UM, FOR THOSE BOARDS TO THEY'RE JUST EASILY RIPPED OFF PHOTO FOR YOU SHOWS OFFENSE THAT THE OWNER OF PUT UP ABOUT A YEAR AND A HALF AGO, UM, AFTER THE TIRES WERE DUMPED AND ABATED, I DID PUT ADDITIONAL FENCING UP AND HOW TO STRATEGIC DESIGN.
SO IT'S NOT EASILY ACCESSIBLE.
[02:30:01]
WE'RE GOING TO BE INTERIOR PHOTOS ON APRIL SEVEN, 2017.THIS IS GOING TO SHOW AGAIN THE INTERIOR AND THE, THE CONDITION IT'S STILL REMAINS IT.
AND FROM THE 2019 PHOTOS, UM, UH, AGAIN, JUST SEVERAL, A LOT OF DAMAGE, UM, SHOPPING CARTS, EXTENSIVE DAMAGE TO THE WALLS.
UM, WE HAVE A SINK JUST SITTING IN THE MIDDLE OF THE FLOOR NEXT PHOTO, AND JUST SHOWING THE TREND.
UM, NOTHING HAS BEEN REPAIRED.
THE CONDITIONS ARE JUST GETTING WORSE.
IT'S VERY DIFFICULT TO BE INSIDE.
UM, IT, THE AIR QUALITY AND THE SMELL IS JUST HORRIFIC.
UH, NEXT PHOTO, PLEASE, AGAIN, JUST SHOWING THE TREND.
MY FLASH WAS ON, THERE'S NO ELECTRICITY INSIDE OF THIS BUILDING AND THERE'S, THERE WAS NOTHING OPEN AND ACCESSIBLE TO CROOK TO CAUSE THIS LIGHT, THIS WAS JUST DUE TO MY FLASH NEXT PHOTO.
AND JUST SHOWING THE TREND OF JUST COMPLETE CHAOS INSIDE, JUST DAMAGED EVERYTHING, ALL COMPONENTS NEXT PHOTO, RIGHT? THESE ARE MY RECENT FOLLOW-UP PHOTOS RIGHT BEFORE THE HEARING THESE WERE TAKEN YESTERDAY.
THIS IS A CONTEXTUAL PHOTO OF, UH, UH, ACROSS THE STREET.
UM, SO RIGHT IN FRONT OF, THERE IS A SIDEWALK.
UM, THIS ISN'T A COMMERCIAL PROPERTY.
UM, ANYBODY WALKING DOWN THAT SIDEWALK COULD DRAG THEIR, THEIR HANDS ON THE FENCE, THE NEXT PHOTO.
SO FOR M M THAT IS SHOWING THE ENTRANCE.
IF YOU CAN SEE THE STRUCTURE THERE AND THEN RIGHT IN FRONT OF THE STRUCTURE, THERE'S LIKE, THERE'S KIND OF A SMALL LITTLE WHITE SIGN.
THAT'S THE INFERENCE TO THE BANK, INTO THE SCHOOL.
SO PEOPLE ARE DRIVING ABOUT 50 FEET FROM THE LOCATION TO USE THE ATM OR TO DRIVE IN THE REAR, UM, WHERE THE, UM, WHERE THE SCHOOL IS LOCATED ON THE RIGHT HAND SIDE, WE'RE JUST SHOWING JUST CONSISTENT PHOTOS OF WHAT THE PROPERTY LOOKS LIKE AS OF YESTERDAY.
WE'LL SHOW YOU WHERE THE PROPERTY HAS NOW BEEN OPEN AND ACCESSIBLE AGAIN, AND THAT WILL BE BOARDED TOMORROW.
THE SAME THING WITH THE MORGAN SHED THAT WILL ALSO BE BOARDED TOMORROW.
UM, AND IN FOUR SS, I DON'T THINK YOU CAN SEE HIM, BUT THERE WAS AN ACTUALLY INDIVIDUAL, UM, IN THERE WHEN I WAS TAKING THIS PHOTO FOR RR WAS TAKEN IN THE EXACT SAME SPOT AS THE PHOTOS IN FRONT OF THE SHED.
AS FOR SS, I JUST ROTATED MY BODY AND TOOK A PICTURE.
YOU CAN SEE THE SCHOOL JUST RIGHT THERE IN THE BACKGROUND FOR TT IS A PHOTO OF ME ACTUALLY IN THE BANK PARKING LOT.
UM, THIS SHOWS, AGAIN, THE PROXIMITY WHERE YOU CAN SEE THE BRUSH BEGINNING, WHERE IT HAS THE ADDRESS, THAT'S EXACTLY WHERE THE PROPERTY IS LOCATED.
WE HAVE AN AERIAL HERE JUST TO KIND OF SUM UP THE PRESENTATION.
THIS IS SHOWING WHERE THE STRUCTURE IS LOCATED THERE AT THE, AT THE TOP OF THE SCREEN, THIS IS SHOWING THE TWO 90 SERVICE ROAD WHERE THE APD OFFICER WAS TALKING ABOUT, UM, A LOT OF ACTIVITY THAT CAN BE HAPPENING BEHIND THAT STRUCTURE DID NOT BE VISIBLE FROM THE ROAD, UM, BUT SHOWS THE PROXIMITY TO THE BANK, THE ELEMENTARY SCHOOL, UM, THE, UH, THE CREEK BED, WHERE THE OFFICER MENTIONED AS WELL, THE HEAVILY WOODED AREA, AND THEN THE A WABI APARTMENTS.
UM, SO WE'RE HERE TONIGHT TO RECOMMEND THAT YOU ADOPT STAFF'S ORDER.
IF THE OWNER DOES NOT COMPLY, THIS GIVES THE CODE OFFICIAL THE OPPORTUNITY TO GO IN AND REMEDY A NEIGHBORHOOD BLIGHT THAT COMPLETES MY PRESENTATION AND I'M AVAILABLE FOR 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 IS CONSIDERED SUBSTANDARD AND UNSAFE WITH DANGEROUS CONDITIONS.
STAFF ASK THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND EXHIBIT FOUR A THROUGH FOR YOU, YOU, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE, IN ORDER OF THE FOLLOWING ONE RESCIND THE BSE ORDER ISSUED SEPTEMBER 27TH, 2017, WHICH IS TRV (201) 716-4115 TO ISSUE A NEW BSE ORDER REQUIRING THAT THE OWNER COMPLETE THE FOLLOWING WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISHED, ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE, AND REMOVE AS DEBRIS LEAVING THE LOT, CLEAN
[02:35:01]
AND RAKED AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE THREE ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF BOTH THE COMMERCIAL STRUCTURE AND THE DETACHED ACCESSORY STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF AS SUCH AND BE THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION, A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.UM, THANK YOU, COORDINATOR ALLEY, AND WE DO NOT HAVE ANY REPRESENTATIVES FOR THE PROPERTY TONIGHT.
IS THAT CORRECT? THAT IS CORRECT.
ACTUALLY I HAVE ONE QUESTION FOR CLARIFICATION.
WELL, ACTUALLY, LET ME GO AHEAD AND, AND ADMIT THE, UH, EXHIBITS FIRST.
I'LL GO AHEAD AND ADMIT STAFF'S EXHIBIT NUMBER THREE AND EXHIBITS FOUR A THROUGH FOR YOU, YOU, UM, AND ONE QUESTION THAT I HAVE FOR YOU COORDINATOR ALLIE ON TWO B OF STAFF'S RECOMMENDED ORDER, UM, THE AUTHORIZATION TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY.
IS THAT ONLY APPLYING TO EXPENSES FROM THE DATE OF THIS ORDER, SUCH AS EXPENSES INCURRED FOR DEMOLITION, OR WOULD THAT ALSO BE RETROACTIVE TO ALL EXPENSES THAT HAVE BEEN INCURRED SUCH AS THE FIREWATCH, THE BOARD AND SECURE THE CLEANUP THREE B IS OKAY.
YOU'RE ASKING ABOUT THREE B AUTHORIZING THE CODE OFFICIAL TO PROCEED WITH DEMOLITION, UH, TO BE AT TWO.
SO THREE B IS THE PROPERTY SHALL BE IN.
YES, THAT IS MY UNDERSTANDING WOULD BE, THAT WOULD ONLY BE IN TO THE DEMOLITION ITSELF.
NOT PRIOR ANYTHING THAT'S BEEN DONE PREVIOUSLY, BUT PERHAPS, UM, BRANDON COULD, OUR CITY ATTORNEY CAN SPEAK ON THAT.
I THINK THAT WOULD JUST BE IN, I THINK IT WOULD ONLY PERTAIN TO THIS ORDER, BRANDON CARR ASSISTANT CITY ATTORNEY.
UM, THOSE ARE, THOSE ALREADY HAVE THEIR OWN PROCESS FOR LIENS AND TO SECURE THOSE COSTS.
SO EVEN IF WE RESCIND THE ORIGINAL ORDER FROM 2017, THAT WOULD NOT REMOVE ALL THE OTHER LIENS THAT ARE ON THE PROPERTY CURRENTLY, THAT'S CORRECT.
THAT, THAT PREVIOUS ORDERS A BSC ORDER.
SO THAT WOULD NOT BE, IT WOULDN'T BE REMOVING THE LIENS FOR THE, UM, FOR THE BOARD AND SECURE, BUT IT WOULD BE REMOVING ANY, ANY LIENS OR ANY CIVIL PENALTIES THAT HAVE ACCRUED UNDER THE OLD ORDER.
SO FINES FOR NOT HAVING THE PROPERTY REPAIRED CHAIR, THERE WERE NO CIVIL PENALTIES ACCRUE.
THERE WERE NO CIVIL PENALTIES ATTACHED TO THE PREVIOUS ORDER.
IT WAS A DEMOLITION ORDER NOW IT WAS A REPAIR ORDER.
UH IT'S THERE'S A COPY IN YOUR READ, I BELIEVE IN THE GOOGLE DRIVE FOLDER.
UM, BUT IT DID NOT HAVE ANY PENALTIES ATTACHED.
AND SO CAN I ASK YOU A QUESTION? YEAH.
I'M JUST FLABBERGASTED BY THAT, LIKE THIS HAS BEEN GOING ON FOR YEARS AND THERE'S NO FINES ACCUMULATED OTHER THAN THE COSTS OF THE CITY DOING SOMETHING.
HOW IS THAT POSSIBLE? WHEN THIS PROPERTY CAME TO US, WE HAD EXTREME LIFE SAFETY CONCERNS AND OUR BIGGEST CONCERN WAS GETTING THOSE RESIDENTS OUT OF THERE AS FAST AS POSSIBLE.
YEAH, NO, I CAN UNDERSTAND THAT, BUT I THINK, UH, THE FINES COULD BE A MOTIVATION FOR THE OWNER TO SELL.
UM, MY, MY FEELING ABOUT THIS NOW IS THEY DON'T NEED, THEY DON'T GET ANY ADDITIONAL TIME.
LIKE WHY DON'T WE JUST ACT NOW AND START FINDING THEM INSTANTLY? I MEAN, THIS IS HORRIBLE.
THIS IS JUST, THIS IS UNBELIEVABLE.
I WAS GOING TO ASK HOW MUCH FINES THEY'VE ACCUMULATED.
SO THERE'S THE LIENS FOR THINGS THE CITY HAS PAID FOR IT, BUT THIS OWNER HAS NOT ACCUMULATED ANY FINES.
I DON'T BELIEVE WE HAVE THE PREVIOUS ORDER UNLESS THAT'S ROLLED INTO EXHIBIT THREE.
[02:40:01]
TOWARDS THE END OF EXHIBIT THREE.AND THERE TYPICALLY ARE NOT ANY FINES ASSOCIATED WITH THE DEMOLITION THAT JUST HAS A LIEN FOR THE COSTS INCURRED.
I'M NOT SURE THAT YOU MAY BE ABLE TO ATTACH PENALTIES TO THAT, BUT TYPICALLY WE DON'T ATTACH ANY PENALTIES TO A DEMOLITION ORDER, BUT WE ARE TALKING ABOUT PENALTIES NOW, RIGHT? I MEAN, WE'RE TALKING ABOUT DEMOLITION.
DEMOLITION ORDERS HAVE A LIEN ATTACHED, BUT NOT USUALLY, BUT NOT ADDITIONAL PENALTIES COMMISSIONER THAT'S THAT'S CORRECT.
BECAUSE ONCE IF THE CITY DOES THE DEMOLITION, THEN THE CITY IS GOING TO BE RECOVERING THE COSTS FOR THE ACTUAL DEMOLITION.
AND SO IT'S, IT'S SORT OF A DOUBLE PENALTY TO GIVE THEM SEVERAL PENALTIES AND RECOVER THE COSTS FOR THE DEMOLITION.
SO TRADITIONALLY IT'S ONE OR THE OTHER, WELL, I GUESS I DON'T REALLY CARE IF IT'S DOUBLE PENALTIES.
IT SEEMS LIKE THIS OWNER DESERVES DOUBLE PENALTIES.
THEY NOTHING HAS, THEY HAVEN'T DONE ANYTHING.
AND THEN WE'RE JUST WAITING FOR THE PROPERTY TO TURN OVER, TO RECOVER THE, YOU KNOW, THROUGH THE LIENS TO RECOVER THE COSTS.
WELL, OUR CONCERN AS A COMMISSION IS HAVING SAFE STRUCTURES.
I KNOW, BUT AS A PERSON TO CONTINUE TO OWN SEEMS TO BE ENABLING NON-SAFE STRUCTURES UNTIL WE GET TO THIS POINT WHERE IT'S GOING TO BE TORN DOWN.
I, I UNDERSTAND I'M JUST, I'M JUST NOT HAPPY.
UM, MS. ELLIE, COULD YOU HELP US FIND THE ORIGINAL ORDER I'M LOOKING THROUGH AND IT'S NOT POPPING OUT.
I'M GOING TO SEE IF I CAN GET INTO THE GOO.
I'M HAVING SOME PROBLEMS WITH MY COMPUTER SO I CAN GET INTO THE GOOGLE.
THERE'D BE, THE REST OF US COULD KEEP LOOKING TOO.
AND WHOEVER FINDS IT, LET US KNOW.
I DON'T MEAN TO PROLONG ON, WE HAVE TO DEAL WITH THIS AND JUST, YOU KNOW, EXPRESSING FRUSTRATION WITH THIS APPROACH.
I'M GOING TO SEE IF I CAN GET IT AGAIN.
I WANT TO END IT, I THINK YOU'RE RIGHT.
THESE GUYS, IT WOULD BE TOLD TO MAN UP AND GET IT DONE OR GET OPTIMUM UNDER CHAIR.
THE, UH, THE PREVIOUS ORDERS ON PAGE 76 OF ONE OH TWO OF THE PDF.
THANK YOU, MR. CARR, THE CAR, WHICH, UH, WHICH BOTTLE THAT, THAT IS IN EXHIBIT THREE, THE GREEN, THE GREEN BOOK PAGE 76 OF 102 AND COMMISSIONER BURGER.
THIS IS TOM BOOKIE, FIRE MARSHALL.
UM, AND IF THERE WAS ANY DOUBT, THE FIRE DEPARTMENT, UH, STRONGLY SUPPORTS THE DEMOLITION OF THIS PROPERTY AS WELL.
AND I, UH, TOLD, UH, MS. RIDER, I WOULD ADD THAT.
SO, UH, BUT IT'S GOOD FOR THE RECORD.
UH, WE CAN, IT DOESN'T REALLY MATTER.
THERE'S THERE'S NO, NO PUBLIC TO COMMENT ON IT AT THE MOMENT.
I MAKE A MOTION TO, UH, THAT WE ADOPT STARES, UH, FINDINGS OF FACT CONCLUSIONS OF LAW AND IN ADAPTOR RECOMMENDED ORDER, UH, WHICH INCLUDES WE'RE SENDING THE PREVIOUS ORDER AND, UH, IN THIS, THE OWNERS TO DEMOLISH ACCORDING TO THE, UH, TO THE PROPOSED ORDER.
AND IF THEY DON'T THEN, UH, FOOD WILL GET A DEMOLISH.
AND I'M SORRY, I'M STILL READING THROUGH THE PREVIOUS ORDER AND YOU'RE RIGHT.
[02:45:01]
RELEVANT RIGHT NOW.UM, AND I THINK OUR GOAL IS TO GET THIS PROPERTY DEMOLISHED AS QUICKLY AS POSSIBLE.
UM, IT IS SOMETIMES CHALLENGED TO PUSH THINGS THROUGH MORE QUICKLY THAN 30 DAYS.
I KNOW WE JUST DID THIS ON THE SECURING OF A STRUCTURE.
UM, BUT IN GENERAL, WE DO LIKE TO GIVE A PROPERTY OWNER, AT LEAST A CHANCE TO DO THE RIGHT THING IN 30 DAYS IS ABOUT THE MINIMUM AMOUNT TO DO THAT.
I'VE HAD THREE YEARS, BUT I'VE HAD A LOT LONGER THAN THAT, OR, YOU KNOW, 2017.
I MEAN, I, I GUESS I, YOU KNOW, MAYBE THIS IS A CONVERSATION FOR A FUTURE MEETING, BUT HOW DO WE PREVENT SOMETHING LIKE THIS? WHERE SEVERAL YEARS AGO, THIS WAS IDENTIFIED AS LIKE A HAZARD ON SO MANY LEVELS AND WE HAVEN'T BEEN ABLE TO GET THEM TO DO ANYTHING.
THE BIG CONCERN SEVERAL YEARS AGO WAS THE, I DON'T REMEMBER HOW MANY INHABITANTS WERE IN THERE.
I DON'T KNOW THE BIGGEST CONCERN WAS GETTING THEM OUT OF THERE ABSOLUTELY.
AND WE WERE FACED WITH AN OWNER WHO STOOD THERE OR A REPRESENTATIVE WHO SAID, YES, WE'RE GOING TO DO ALL THESE REPAIRS.
AND, UM, YEAH, IT WAS A HORRENDOUS PROPERTY.
IT REALLY STANDS OUT IN MY MIND.
WHEN THEY DON'T DO IT, WE DON'T HAVE ANY WAY TO PUNISH THEM SOONER.
YOU KNOW, THAT PREVIOUS ORDER ASKS THEM TO DO ALL THESE THINGS.
AND I, I GUESS THE CITY ULTIMATELY STEPPED IN AND SECURED IT AND DID A LOT OF THE THINGS.
BUT AT THAT POINT WE CAN'T SAY, I DON'T KNOW.
I MEAN, I KNOW TEXAS IS OKAY, THIS IS WHY IT'S COMING.
THIS IS WHY IT'S COMING BACK TO US.
SO IT'S UNFORTUNATE THAT IT'S FOUR YEARS LATER, BUT WE'VE YEAH, I GUESS I JUST, YEAH, I WOULD LOVE TO HAVE A CONVERSATION AT SOME POINT ABOUT LIKE, WHAT WOULD NEED TO CHANGE FOR US TO PREVENT FOUR YEARS OF REPEATED PROBLEMS, BECAUSE WE'RE JUST LOOKING THROUGH THE FILES.
IT'S LIKE, IT NEEDED TO BE SECURED.
PEOPLE WERE MOVED OUT, IT WAS SECURED.
AND THEN LIKE A YEAR OR TWO LATER PEOPLE ARE BACK IN THERE.
NO, I MEAN, IT WAS, IT WAS OFFICIALLY NOT OFFICIALLY, BUT IT WAS TRYING TO OPERATE AS A BOARDING HOUSE AS OPPOSED TO JUST VAGRANTS BREAKING IN.
SO I'M SURE I'M GOING TO CALL THE QUESTION.
I WILL DO ROLL CALL AS USUAL AGAIN, IF YOU DO APPROVE, SAY AYE OR YES, OR APPROVE, UH, VICE CHAIR ABILA I APPROVE.
UM, COMMISSIONER THOMPSON, WHERE DO YOU STILL WITH US? OKAY.
HOPEFULLY HE'LL COME BACK TO US BEFORE WE'RE DONE.
YEAH, COMMISSIONER'S A-LEAGUE I APPROVED.
AND, UH, COMMISSIONER THOMPSON.
ARE YOU ABLE TO, ARE YOU STILL WITH US HERE? I DON'T THINK THERE'S A NUMBER ANYMORE.
SO, UH, WITH MY VOTE, I APPROVE ALSO, UM, MOTION PASSES.
STAFF'S RECOMMENDED ORDER AND, UM,
[4. Case Number: CL 2009-009101 (for reference - 2011-027108) Property Address: 1907 Cliff Street / Owner: Mary Sanches Staff Presenter: Marlayna Wright, Austin Code Department Staff Recommendation: Rescind BSC order issued February 25, 2009.]
WE WILL CONTINUE ON TO ITEM NUMBER FOUR.ITEM NUMBER FOUR IS A RETURNING CASE.
THE CASE IS CL 20 2009 ZERO ZERO NINE ONE ZERO.
ONE IN IS REGARDING THE PROPERTY LOCATED AT 1907 CLIFF STREET.
STAFF EXHIBITS CAN BE FOUND IN THE BLUE BOOK IN THE GOOGLE DRIVE FOLDER.
THIS CASE IS ABOUT A VACANT SINGLE FAMILY RESIDENTIAL STRUCTURE WITH SUBSTANDARD CONDITIONS ON FEBRUARY 25TH, 2009.
THE COMMISSION HEARD THIS CASE AND ISSUED AN ORDER FOR REPAIR ON APRIL 27TH, 2011.
THE PROPERTY CAME BACK TO THE COMMISSION UNDER A DIFFERENT CASE NUMBER.
AND A SECOND REPAIR ORDER WAS ISSUED MINUTES FROM THE APRIL, 2011.
MEETINGS SUGGESTS THAT THE SECOND ORDER WAS INTENDED TO REVISE THE 2009 ORDER.
HOWEVER, THIS WAS NOT STATED AS SUCH AND AT THE TIME AT THIS TIME, BOTH ORDERS REMAINED IN EFFECT.
WE ARE HERE TO REQUEST THAT THE
[02:50:01]
2000 ORDER BE RESCINDED SO THAT ONLY THE 2011 ORDER WILL REMAIN IN PLACE.AUSTIN CODE SUPERVISOR MARLENA RIDE IS HERE TONIGHT TO PRESENT PHOTOS OF THE PROPERTY AND DISCUSS THE VIOLATIONS DEPICTED INSPECTOR, RIGHT.
INVESTED SUPERVISOR, RIGHT? EXCUSE ME.
GOOD EVENING COMMISSIONERS AGAIN.
UM, JUST TO SUM UP WHAT, UH, MELLIE SAID THAT WE ARE HERE TONIGHT DUE TO AN OVERSIGHT, THE ALBUM BACK IN 2011, UH, WE HAVE TWO ORDERS ACTIVE FOR THE SAME VIOLATION.
SO WE NEED TO GET THE 2009 MEAT ORDER RESCINDED, UM, AS WE REQUESTED THE 2011 HEARING, UM, AND THAT WAY THAT PUTS US IN A POSITION TO BE ABLE TO MOVE FORWARD ANY FURTHER ENFORCEMENT ON THIS PROPERTY, WE COULD PLEASE SEE THE PHOTOS.
SO THIS IS A PHOTO TAKEN BACK IN 2014, HAS MY NAME THERE, BUT I DIDN'T TAKE THIS PHOTO.
THIS IS JUST THE WAY SHE, UM, THE WAY THAT THE EXHIBIT IS SHOWN, UM, THIS WAS UNDER ANOTHER INSPECTOR AT THE TIME.
THIS IS THE CURRENT CONDITION OF THE PROPERTY.
UM, NEXT PHOTO, IT'S JUST SOME PHOTOS OF THE VIOLATIONS THAT WERE CITED ON THE EXTERIOR.
THAT'S ALL OF THE PHOTOS AT THE END OF THE PHOTOS.
WHAT IS IT AGAIN? WE WERE HERE TO ASK FOR THE 2009 ORDER RESCINDED.
SO THAT PUTS US IN A DIFFERENT POSITION COMMISSIONERS.
SO I BELIEVE I NEED TO ADMIT THIS EXHIBIT.
I WILL GO AHEAD AND LET STAFF'S EXHIBIT NUMBER FOUR.
THAT'S JUST A REFERENCE PHOTO WE ARE ASKING.
WE'RE NOT ASKING FOR AN ORDER.
WE'RE JUST ASKING FOR THE, UH, 2009 ORDER TO BE RESCINDED.
THEN I RESCIND MY, THAT IT'S OF THE EXHIBIT.
CAN I ASK, I DON'T UNDERSTAND WHERE THAT LEAVES US.
IF WE RESCIND THE ORDER, WE ACTUALLY HAVE TWO ORDERS THAT ARE BOTH FOR REPAIR FOR SOME OF THE SAME VIOLATIONS.
THAT WAS AN OVERSIGHT IN 2011 THAT WE DISCOVERED.
AND SO WE'RE JUST TRYING TO CLEAN UP OUR RECORDS BEFORE WE CAN MOVE FOR MOVE FORWARD AND TAKE ANY OTHER ACTION.
WE NEED TO RESEND THAT FIRST ORDER.
SO WILL THIS CASE THEN COME UP AGAIN, UM, AT OUR, YOU KNOW, AT OUR NEXT MEETING OR IT JUST PUTS IN PLACE, WHATEVER THE ORDER WAS, THE MOST RECENT ORDER THAT WAS PASSED, THAT WAS QUITE A WHILE AGO.
AND, UH, PERHAPS SUPERVISOR, RIGHT.
CAN ANSWER YOUR QUESTIONS ABOUT THE ENFORCEMENT ACTION.
UM, I THINK AT THIS TIME WE JUST ARE TRYING TO CLEAN UP THOSE ORDERS AND THEN WE CAN LOOK AT WHAT ENFORCEMENT ACTION NEEDS TO BE TAKEN NEXT, WHAT THE NEXT STEPS ARE, BUT WE'RE NOT, UM, POSTED TO DO THAT TODAY, RIGHT? NO, NO, WE'RE NOT.
I MEAN IT, WHEN WE GET TO FUTURE AGENDA ITEMS, IT SOUNDS LIKE THIS ONE SHOULD GO ON THERE.
UH, AND I'M SURE I MAKE A MOTION THAT WE, UH, UH, RESCINDING THROUGHOUT 2011 ON THIS PROPERTY, TWO 30, 2009 ORDER.
MY MOTHER, WE WERE SENDING 2009 NINE ORDER.
THEY SHOULD, UH, BY THIS BOARD ON THE PROPERTY.
ANY FURTHER DISCUSSION? UH, YES.
ABOUT THE TIME I STARTED GETTING REALLY INVOLVED WITH AUSTIN.
ANYWAY, UM, THAT WAS ABOUT THE TIME I STARTED GETTING INVOLVED AND THERE WAS A VERY DIFFERENT WORLD WHERE ONLY THREE CODES IN AUSTIN WHERE WE HAD ANY SHAPE.
HOW, WHEN YOU LOOK AT SOME OF THE DECISIONS, UH, THROUGH THE STRUCTURE AND BEFORE WE HAD, UH, ONE, UH, UH, UH, DISTRICT TEAM, IT'S VERY DIFFERENT.
SO, UH, AS WE LOOK AT THINGS FROM 2007, 2009 TO 2011, IT WAS
[02:55:01]
A VERY DIFFERENT WORLD POLITICALLY.THEN WE HAVE NOW AND NOW I'LL MUTE.
AND IT SEEMS LIKE WE NEED TO CLEAN THIS UP IN ORDER FOR CODE TO MOVE FORWARD WITH ANYTHING.
SO, UH, THIS TO ME SEEMS PRETTY STRAIGHTFORWARD, BUT IF ANY OTHER COMMENTS LET'S HEAR THEM AND THEN I'LL, I'LL CALL THE QUESTION, OKAY, I'LL DO THIS BY ROLL CALL AGAIN.
AND THE QUESTION IS TO RESCIND THE 2009 BSC ORDER FOR THIS PROPERTY.
AND IF YOU APPROVE, LET ME KNOW.
I'M ASSUMING YOU'RE STILL GONE, BUT JUST IN CASE.
I THINK HE'S GONE, UH, COMMISSIONER GREEN.
I SAW YOUR HAND, BUT IF YOU COULD SAY SOMETHING FOR THE RECORD TOO, THAT'D BE GREAT.
THANK YOU, COMMISSIONER MILLER.
COMMISSIONER STOWE, STUD I THANK YOU.
AND I ALSO APPROVE THAT'S CHAIR FRYBERGER OKAY.
THANK YOU, CHAIR AND COMMISSIONERS FOR YOUR TIME AND ATTENTION.
UM, DISCUSSION AND POSSIBLE ACTION ITEMS. WE HAVE, UH, MS. GARRETT, IF YOU ARE STILL WITH US, WE
[5. Austin’s winter storm multi-family report Presenter: Elaine Garrett, Austin Code Department]
HAVE THE AUSTIN'S WINTER STORM MULTIFAMILY REPORT.I'M WAITING FOR THEM TO UPLOAD IT A GOOD EVENING.
MY NAME'S ELAINE GARRETT ASSISTANT DIRECTOR OF THE AUSTIN CODE DEPARTMENT.
UH, I'M HERE TONIGHT TO PRESENT AN UPDATE, A MONTHLY UPDATE TO THE COMMISSION, UH, REGARDING CASES INVOLVED, UH, THAT WE HAVE BEEN INVOLVED IN FROM THE WINTER STORM, MARY, UM, INCIDENT, UH, THIS, THIS MONTHLY REPORT WAS INITIATED THROUGH RESOLUTION, UH, AND AS REQUESTED TO BE PROVIDED TO YOUR COMMISSION EVERY MONTH, UH, UNTIL WE CAN GET THROUGH THE CASES AND COMPLETE THAT.
SO WITH THAT BEING SAID, UH, I'D LIKE TO START THE PRESENTATION.
SO IT'S, UH, DESIGNED TODAY TO JUST, JUST PROVIDE YOU A QUICK UPDATE AND BRIEFING AS TO WHERE WE ARE WITH THE CASES THAT WE HAVE RECEIVED REGARDING WHAT IS FORMULARY.
UH, THIS REPORT IS GOING TO PROVIDE TO YOU UPDATED DATA REGARDING THE CASES.
UH, WE WILL TALK ABOUT CASES BY COUNCIL DISTRICTS, AND THEN THE LEGAL STATUSES OF CERTAIN NEXT SLIDE.
UH, AS YOU CAN SEE, WE'VE UPDATED THE DATA FROM LAST MONTH.
UH, WE'VE HAD, UH, AN INCREASE OF CASES UP TO SEVEN 92, WHICH IS AN INCREASE OF 2.5 CASES.
UH, AND ACTUALLY IT HASN'T BEEN A COMPLETE MONTH.
THIS IS FROM THE SPECIAL SESSION I BELIEVE.
UH, AND THE NOTICES, UH, DEFICIENCIES AS THAT THREE 77, WHICH WAS A 20% INCREASE.
AND OUR VIOLATIONS INCREASED BY 34% TO 365.
UH, THIS INCREASE IS OBVIOUSLY DUE BECAUSE WE ARE STILL SEEING, UH, INCOMING RESULTS FROM THE WINTER STORM DAMAGES THAT OCCURRED NEXT SLIDE, UH, THIS CONCENTRATION MAP, UH, ALTHOUGH I SHOULD HAVE PROBABLY DONE A COMPARISON MAP AND I CAN DO THAT FOR YOU ALL FOR THE NEXT MONTH, AS YOU CAN SEE, IT'S BECOME A LITTLE BIT MORE SPREAD OUT.
THE ORIGINAL ONE THAT WE SAW WAS, UH, CONCENTRATED PRETTY MUCH ON THE CENTRAL AREA DISTRICTS, WHERE WE FOUND THAT THERE WERE OLDER, UH, STRUCTURES IN THE CITY.
SO WE'RE STARTING TO SEE MORE COMPLAINTS COMING IN FROM THE EXTERIOR AREAS.
NEXT SLIDE, TO GIVE YOU A GENERAL OUTLOOK AS TO WHAT WE ARE SEEING NOW ON THESE INTERIOR SURFACES, UH, WE'VE HAD 71, UH, INTERIOR SURFACES, UH, COMPLAINTS, UH, WATER HEATING FACILITY RELATED TO NO HOT WATER, PRETTY MUCH, OR, OR NO SERVICES, UH, TO GAS.
UH, THE GENERAL WILL COVER, UH, SOME OF THE INTERIOR DAMAGES THAT OCCURRED TO THE FLOORING, UH, CEILING, UH, AND THEN MECHANICAL APPLIANCES, UH, INABILITIES TO COOK OR CONTINUE TO, TO LIVE WITH THE PROPER NEEDS THAT WE NEED DAILY.
UM, NEXT SLIDE WILL SHOW US, UH, SOME OF THOSE DEFICIENCIES.
[03:00:01]
UH, THIS IS JUST GIVING YOU A KIND OF AN OUTLINE, A NUMBER OF WHAT WE'RE LOOKING AT, UH, 59.UH, THESE ARE LIKE THE TOP PRIORITY DEFICIENCIES THAT WE'VE BEEN FOLLOWING INTO YOUR SERVICES REGARDING WINDOWS AND DOORS.
OBVIOUSLY A LOT OF THIS IS DECIDING THE WALLS, CRACKERS PLASTER, UH, THEN THE WATER HEATER FACILITIES AT 54 DEFICIENCIES ON THAT.
UM, WE SEE A LOT OF PIPE, UH, CONDITIONS REGARDING THE BATHROOMS. UH, SOME OF THE PLUMBING FIXTURES ARE NOT WORKING IN KITCHENS, UH, MECHANICAL APPLIANCES.
UH, SOME PEOPLE WERE STILL DON'T HAVE THE ABILITY TO COOK, UH, DUE TO NO GAS, OBVIOUSLY, UM, PLUMBING FIXTURES AGAIN, AND WE WANT THEM TO BE INSTALLED, YOU KNOW, ACCORDING TO, UM, THE LEAKS AND DEFECTS, OBVIOUSLY THAT ACCORDING TO THE PERMITTING THAT'S REQUIRED FOR.
UH, SO THESE ARE SOME OF THE PRIMARY ISSUES THAT WE'RE SEEING NEXT LIKELY, UH, AS YOU CAN SEE HERE, UH, THIS IS AN UPDATED VERSION OF THE COUNCIL DISTRICT, UM, CASES THAT WE RECEIVED.
UM, THIS INFORMATION IS ACTUALLY AVAILABLE NOW ONSITE, AND I WILL HAVE THE LINK, UH, AT THE END OF THIS, BUT, UH, DISTRICT FOUR OBVIOUSLY HAS THE HIGHEST AMOUNT DISTRICT FOUR STILL, UH, YOU KNOW, WE S WE ARE SEEING A CONCENTRATION OF OLDER APARTMENT COMPLEXES, MULTI-FAMILY APARTMENT COMPLEXES AT ALL AT A LARGER RATE THERE THAT WERE IMPACTED.
UH, AND THEN DISTRICT THREE, UH, WHICH CONTAINS A LOT IN THE RIVERSIDE AREA ARE THE SECOND HIGHEST LEVEL.
NEXT SLIDE LOOKS LIKE THAT'S THE LAST SLIDE.
I DON'T KNOW IF Y'ALL DIDN'T THE B UH, THE OTHER INFORMATION THAT WAS TO BE PROVIDED WAS A DATA BREAKDOWN, UH, ON HIM SLIDES.
UM, UH, WHAT I DID WAS A DATA BREAKDOWN REGARDING MULTI-FAMILY VERSUS SINGLE FAMILY HOUSING.
WE HAVE 128 CASES UH MULTI-FAMILY THAT ARE STILL ACTIVE WITH ONE SINGLE FAMILY CASE.
UM, AND WE'VE CLOSED OVER 500 CASES IN THE MULTI-FAMILY, UH, AREAS.
A LOT OF THOSE CASE CLOSURES YOU'LL SEE, THEY WERE ORIGINALLY ALL, UH, AT THE VERY BEGINNING OF THE IMPACTED TIMELINE, BASICALLY BECAUSE WE WERE NOT GETTING, UH, ACCURATE, UH, LOCATIONS TO, TO FIND THE VIOLATIONS, AS WELL AS SOME OF THE, THE INFORMATION WE'RE RECEIVING FROM THE ADDRESSING, BUT NOT, NOT CORRECT.
AND SOME WERE DUPLICATED IN ONE DAY, THIS IS THE AB TECH LOOKS LIKE YOUR PRESENTATION FROZE UP FOR WHATEVER REASON.
LET'S SEE IF WE CAN GET WHERE WE WERE LEFT.
IF FOR SOME REASON IT'S PRISONER ON THIS ONE SLIDE IN THE WALL, TRYING TO GET THERE.
UH, THE, THE NEXT SLIDE AFTER IT, WE GET TO, IT WAS THE ACTUAL LISTING.
THAT'S THE ONE I WOULD JUST, UH, TALKING ABOUT REGARDING THE MULTI-FAMILY VERSUS SINGLE FAMILY ACTIVE CASES VERSUS CLOSED CASES.
UM, SO THE NEXT SLIDE IS GOING TO PROVIDE US AN UPDATE OF THE TOP LOCATIONS THAT WE, UH, MAYBE BRING IN HERE TO, TO THE COMMISSION, UH, AS, AS YOU CAN SEE, SEVEN, EIGHT, NINE WERE DOUGLAS LANDING, Y'ALL HEARD IT TONIGHT.
TWO OF THOSE CASES HAVE BEEN SINCE HAVE, SINCE BEEN RESOLVED.
THE ONE PENDING CASE IS STILL THERE, BUT WE ARE STILL RECEIVING, UM, COMPLAINTS FROM DIFFERENT UNITS.
SO WE STILL HAVEN'T VALIDATED SOME OF THOSE, UH, THE LISTING HERE, YOU, UH, WE ARE PREPARING A COUPLE TO BE BROUGHT TO THE PANEL HERE OR TO THE COMMISSION OR NEXT MONTH.
AND, AND HOPEFULLY WE CAN HAVE THE MAJORITY OF THEM HERE BY AUGUST AND NEXT SLIDE.
UH, AND THIS IS, UH, PRETTY MUCH TO SAY THE NEXT STEPS ARE, WE WILL CONTINUE TO ESCALATE THESE THROUGH THE LEGAL PROCESSES.
WE ARE FINDING THAT SOME OF THE CASES THAT WE'RE SEEING HAVE MINIMAL, UH, DAMAGE OR ARE SUBSTANDARD CONDITIONS TO WHERE WE'RE ABLE TO WRITE, UH, ADMINISTRATIVE HEARING CITATIONS FOR THOSE, BUT THOSE THAT ARE, THAT ARE MORE STRINGENT, WE WILL BE BRINGING INTO YOUR COMMISSION.
UH, AND THE CRITERIA FOR THAT IS ONCE THE TIMEFRAME HAS EXPIRED ON THE NOTICE OF VIOLATION, UH, IF NO EXTENSIONS HAVE BEEN GRANTED AND SOME EXTENSIONS ARE GRANTED BECAUSE WE HAVE SEEN, UH, WE'RE, THE OWNERS OF LAND OWNERS ARE DOING EVERYTHING THEY CAN AND ACTUALLY STAYING ON THEIR TIMELINE.
UH, AND THIRD REASON THE VIOLATIONS STILL EXISTS AND WE'VE NOT SEEN ANY CORRECTIONS BEING HANDLED.
UM, AND THEN THE LAST POINT THERE IS BASICALLY TO, UH, RE UH, BRING SOME AWARENESS TO OUR, UM, DASHBOARD, UM, THAT, UH, YOUTUBE THAT YOU SEE A HTTPS ADDRESS
[03:05:01]
IN THERE IS, IS A TUTORIAL ON HOW TO USE IT, UH, BASICALLY TO GAIN ACCESS TO THIS.ALL YOU HAVE TO DO IS GO TO THE AUSTIN CODE, UM, UH, OUR AUSTIN CODE, UM, ONLINE, UH, STATUS.
AND THEN YOU CAN GO IN THERE AND IT'LL HAVE THIS ICON.
AND WHEN YOU GO TO THE ICON, ALL OF THE INFORMATION YOU SAW TODAY IS UPDATED, UH, DAILY.
UH, SO YOU CAN ACTUALLY KEEP UP WITH THE, FOR LOCATIONS AT THAT, AT THAT SITE.
AND THAT'S ALL I HAVE, UH, DO YOU HAVE, AND I'LL BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
THANK YOU, ASSISTANT DIRECTOR, GARRETT.
UM, I DO HAVE A QUESTION IF YOU ARE ABLE TO ANSWER OR GIVE US ANY CLUES, UM, DO YOU ANTICIPATE BRINGING MORE CASES ON A 10 71 CLAYTON LANE? SO WE DO HAVE, UH, CURRENTLY THERE WERE THE LAST I SAW THERE, 41 CASES THAT WERE STILL PENDING THAT ARE NEW CASES ACTUALLY.
UH, AND SO WE ARE PREPARING SOME OF THOSE CASES TO BE BROUGHT TO LEGAL STATUS, UH, DEPENDING ON THE, UH, THE TYPE AND THE EXTREMITY OF THE CASE, WHETHER IT WOULD COME TO YOUR COMMISSION OR WHERE THAT THEY WOULD GO TO THE ADMINISTRATIVE TEAM.
BUT YES, THERE ARE SEVERAL PAIN CASE AND WE'RE STILL RECEIVING SOME COMPLAINTS.
OTHER QUESTIONS? OH, WELL, THANK YOU VERY MUCH ASSISTANT DIRECTOR.
[FUTURE AGENDA ITEMS]
A FUTURE AGENDA ITEMS. SO CHAIR, THE FIRST THING I HAVE IS THE ANNUAL REVIEW REPORT.WE NEED TO LOOK AT POSSIBLE RECOMMENDATIONS OR GOALS, I GUESS I SHOULD CALL THEM GOALS FOR YOU FOR NEXT YEAR.
LOOK AT LAST YEAR'S REPORT AND START TALKING ABOUT WHAT YOUR GOALS ARE FOR NEXT YEAR.
SO I WOULD LIKE TO SEE THAT ON NEXT MONTH'S AGENDA SO THAT WE CAN GET THIS REPORT FINALIZED, BUT THE END OF JULY.
IS, WOULD IT BE POSSIBLE FOR YOU TO BRING THE LAST YEAR'S REPORTS? SO WE COULD LOOK AT THAT.
AND, UM, I'M JUST LOOKING TO SEE, WE WERE SUPPOSED TO HAVE AN UPDATE REGARDING NEW YORK.
UH, THE CASE THAT CAME, THAT WAS REGARDING, UH, MOUNT CARMEL APARTMENTS, YOU HAD REQUESTED A WRITTEN UPDATE AND ALSO ASKED THAT FARRAH CAME, COME IN, PROVIDE AN UPDATE, I GUESS SHE'S OUR CODE OFFICER ASSIGNED TO THE CASE.
SO SHE WOULD BE PROVIDING AN UPDATE AT THE JUNE MEETING AND A STAFF'S REPORT, CORRECT.
AND THEN, UM, YES, WE HAVE THE REQUIRED WINTER STORM REPORT UPDATE THAT WOULD BE PER COUNCIL'S RESOLUTION, WHICH WAS WHAT YOU JUST HEARD.
WE'LL HAVE ANOTHER ONE OF THOSE NEXT MONTH.
AND, UM, I DON'T HAVE ANYTHING ELSE.
I THINK YOU WERE, UH, YOU WERE LOOKING AT SOME OF THE REPORTS THAT PEOPLE THAT WERE SPEAKING DURING CITIZEN'S COMMUNICATION AND YES.
YEAH, I THINK, UM, I KNOW MY CONCERN AND I'M GUESSING THE CONCERN OF A LOT OF COMMISSIONERS RIGHT NOW IS JUST TO KEEP SOME ATTENTION ON THAT PARTICULAR PROPERTY AND TO, UM, DO WHAT WE CAN TO ENCOURAGE THE PROPERTY MANAGERS AND OWNERS TO STEP UP AND DO THE RIGHT THING.
DID YOU HAVE SOMETHING TO ADD? YEAH, I LIKE THAT.
THE, UM, WHAT USED TO BE CALLED THE COLONY CREEK APARTMENT COMPLEX, MY UNDERSTANDING, AND I LOOKED UP THE BLOCKS AWAY.
THEY STILL HAVE APARTMENTS WITH NO HOT WATER.
NOW WE'RE TALKING ABOUT TWO AND A HALF YEARS.
UM, MR. GREEN, WHAT IS THE ADDRESS OF THAT PROPERTY? IS THAT CREEK'S EDGE, UM, MIGHT BE CREEKSIDE NOW IT WAS CROSS CREEK AT ONE POINT WAS GREEK CREEKS.
UM, COMMISSIONER CHAIR, FREIBERGER.
CAN I JUST CONFIRM THE PROPERTY? WERE YOU REFERRING TO THE MUELLER FLATS PROPERTY? YES.
I WANTED TO SEE THAT ONE COME BACK AND I WAS ESPECIALLY CONCERNED ABOUT THE LACK OF HOT WATER ISSUE.
I, I WANT TO KEEP SOME ATTENTION ON IT, BUT I ALSO DON'T WANT TO INTERFERE WITH CODES PROCESS FOR ESCALATING CASES.
UM, SO I WOULD LIKE THEM TO BRING AS MANY CASES TO US AS THEY CAN ON THAT PROPERTY, BUT I'M NOT SURE THAT I WOULD WANT TO ASK FOR A REPORT OR SOMETHING ELSE.
MEANWHILE, DOES THAT MAKE SENSE? LIKE, I WOULD LIKE THEM TO BRING US THE CASES AS SOON AS THEY CAN, BUT
[03:10:01]
IF WE ASK FOR A REPORT BEFORE THEY BRING A CASE, THEN THAT BY SOME, ONE OF THE PEOPLE WHO TESTIFIED SAID SOMETHING ABOUT, UM, LACK OF HOT WATER FOR MORE THAN 48 HOURS BEING SOMETHING THAT TRIGGERS A MORE IMMEDIATE RESPONSE.SO THAT WAS KIND OF MY CONCERN OR THINKING THAT THAT WOULD BE SOMETHING THAT WOULD BE DIFFERENT THAN WHAT THEY'VE BEEN CITED FOR AND THE NEW VIOLATION.
AND I THINK THAT THAT'S, THOSE ARE PROBABLY SOME OF THE CASES THAT SOME OF THE VIOLATIONS THAT CODE INSPECTORS AND STAFF ARE WORKING ON CURRENTLY.
AND, UM, AS MS. GARRETT HAD STATED, SHE DIDN'T KNOW IF THOSE WOULD BE ESCALATED TO US OR IF THEY WERE THINGS THAT COULD BE HANDED, HANDLED ADMINISTRATIVELY WITH CODE.
AND I'M NOT SURE WHEN TO STEP IN THE MIDDLE OF THE LEGAL PROCESS THERE, UH, AS MUCH AS I WANT TO SEE MORE HEAT PUT ON THAT HEAT TO THE RESIDENTS AND HEAT APPLIED TO THE PROPERTY REPRESENTATIVES, UM, MS. GARRETT ASSISTANT DIRECTOR, COULD YOU ELABORATE? UH, DEFINITELY WE WILL BE BRINGING IN ANY CASE THAT IS, IS ABLE TO COME TO YOUR COMMISSION AS TIMELY AS WE CAN.
WE ARE DEFINITELY NOT DELAYING IN THAT LOCATION OR ANY OF THE LOCATIONS THAT ARE HAVING THESE CONDITIONS THAT ARE OCCURRING.
UM, WE HAVE THOSE SITTING IN QUEUE, UH, BECAUSE OF THE LAST, UM, SPECIAL CALL MEETING.
UH, YOU KNOW, IT TOOK AN EXTENSIVE AMOUNT OF CASES TO BRING THE 51 OR 52 THAT WE BROUGHT AT THAT TIME.
SO, UH, THAT THEY DEFINITELY ARE IN QUEUE AND THEY'RE STILL, UH, THEY'RE STILL OPEN.
AND AS I STATED EARLIER, WE ARE ALSO STILL, UH, RECEIVING COMPLAINTS.
SO A LOT OF THE, UH, THE WATER ISSUES RIGHT NOW, OR BECAUSE THEY'RE CUTTING THE WATER OFF AND ON DURING SOME OF THE REPAIRS, BUT, UH, THE TIME OF THAT IS ALSO, UH, WE'RE, WE'RE TRYING TO SAY, WELL, IS THAT ADEQUATE? HOW LONG HAS IT BEEN KEPT ALL, YOU KNOW, BUT YOU, YOU WILL BE SEEING TWO MORE.
DID THAT, DOES THAT ANSWER YOUR, YOUR CONCERN COMMISSIONER MILLER? UM, I GUESS SO.
I, I, WELL, I GUESS I STILL HAVE THE QUESTION ABOUT THE HOT WATER ISSUE THAT WAS RAISED.
IS THAT SOMETHING THAT TRIGGERS A MORE IMMEDIATE, UM, RESPONSE FROM CODE? HI, UH, NO HOT WATER IS A HIGH PRIORITY FOR US.
IT'S A, OBVIOUSLY IT'S A LEVEL TWO FOR US AND, UH, THE REQUIREMENT FOR THEM TO ANSWER OR ADDRESS THAT IS ACTUALLY A TWO DAY TURNAROUND.
HOWEVER, WE ALL KNOW THAT, YOU KNOW, YOU NEED TO START THE REPAIRS, UH, WHETHER THAT'S A REASONABLE AT SOMETIMES OR NOT DEPENDS UPON WHAT IS NEEDED.
AND I KNOW THAT THEY NEEDED A BOILER REPLACEMENT, WHICH THEY HAVE ALREADY STARTED ON, UH, BUT THEY HAVE MORE THAN ONE BOILER.
SO I THINK THEY'RE DOING IT IN PIECES, BUT, UM, BUT IT IS A HIGH PRIORITY FOR OUR DEPARTMENT.
AND THEN THERE WAS ALSO THAT HO THE LAST CASE WE HEARD THE CLIFF, UH, CLIFF STREET CASE WHERE WE RESCINDED A DUKE DUPLICATIVE ORDER.
UM, THAT ONE WOULD BE GOOD TO PUT ON A FUTURE AGENDA.
SO DO YOU HAVE THE PROPERTY THAT I'M INTERESTED IN HAVING, UH, IS THAT 1124, ROUGHLY THE APARTMENT COMPLEX HAS 11.4 WEAPONS.
THAT'S CROSS CREEK, UH, RIGHT CURRENTLY.
SO, UM, SO COMMISSIONER GREEN, ARE YOU ASKING FOR AS STAFF UPDATE OR STAFF REPORT ON THIS, OR WHAT, WHAT EXACTLY ARE YOU ASKING FOR TO BE PLACED ON THE AGENDA? I TOOK AN UPDATE WHAT THEY, WHAT THEY'VE SEEN UP TO THIS POINT IN TIME, AND THIS IS THE BIGGEST COLD.
BECAUSE WE HAVE A NUMBER OF EXISTING ORDERS ON THIS PROPERTY, I BELIEVE.
AND SO YOU'RE WONDERING IF ANY PROGRESS HAS BEEN MADE, RIGHT.
AND MAYBE SOME UPDATE AGAINST THE BENCHMARKS THAT WERE IN THE, UH, WRECKER BORDERS, THE LAST, JUST THE LAST ONE.
CAUSE I THINK THERE'S GOING TO BE,
[03:15:04]
HM, NO, NO.I THOUGHT YOU WERE JUST THINKING.
UM, UM, I THINK, UH, LIKE I WANNA, I DON'T WANT THE STAFF TO HAVE TO, UH, PUT HOURS INTO A REPORT.
I THINK THEY SHOULD BE ABLE TO PRETTY EASILY TO SAY THE CALLS AND, AND HERE RESPONSE TIMES, UH, HERE, HERE ARE THE, UH, UH, THE ISSUES WE'VE HAD, UH, WHERE WE WROTE THEM UP, WHAT THEY'VE DONE.
I'M NOT LOOKING FOR, YOU KNOW, AN EXTENSIVE ANALYSIS.
AND ARE YOU WANTING THIS FOR THE JUNE BSE MEETING OR DO YOU WANT TO PUSH IT OFF TO JULY OR A LATER MEETING? UM, LIKE A RECOMMENDATION FROM STAFF ON THAT IF THEY WANT TO GET IT OVER WITH IT, BUT MAKING THE FINAL IN JULY OR AUGUST.
I THINK I CAN GO TO ASSISTANT DIRECTOR.
WE CAN HAVE YOU AN UPDATE FOR YOU ON, ON JEAN.
I'LL, I'LL AGREE TO PUTTING THAT ON THE AGENDA.
UH, GOING BACK TO A COMMISSIONER MILLER'S CONCERN, LIZ, IF YOU'RE STILL WITH US.
SO YOU'RE CONCERNED ABOUT THE LAST CASE THAT WE HEARD, THE ONE THAT, WHERE WE WERE JUST CLEANING UP THE PREVIOUS ORDERS.
ARE YOU WANTING A STAFF REPORT ALSO JUST KIND OF SAYING THESE ARE THE ORDERS THAT ARE EXISTING, OR THESE ARE THE VIOLATIONS THAT ARE EXISTING BECAUSE WE REALLY DIDN'T.
I MEAN THAT IF THAT WAS IN OUR BACKUP, I DON'T THINK ANY OF US WERE ABLE TO DIGEST THAT TONIGHT.
I MEAN, WE, SINCE WE DID HAVE A LOT OF NEIGHBORS COME AND TESTIFY ABOUT THIS AND, YOU KNOW, THE IMPACT IT'S HAVING ON THEM, UM, I THINK IT WOULD BE GOOD TO KNOW WHAT THE STATUS OF IT IS.
UM, I GUESS, YEAH, I DON'T, I DON'T REALLY KNOW.
I GUESS WE WOULDN'T BE ABLE TO ACT THEN UNLESS THEY WERE BRINGING US AN ESCALATED CASE OR SOMETHING FOR ADDITIONAL ACTION GREED.
THIS WOULD JUST BE TO KIND OF BRING ALL OF US UP TO SPEED.
IF IT'S A STAFF'S REPORT, THERE WOULD BE NO ACTION.
IT WOULD JUST BE A, NO, THIS IS WHAT'S GOING ON WITH THIS PROPERTY.
YEAH, I GUESS, I MEAN, UM, THIS ISN'T URGENT, BUT I, I GUESS I'M CURIOUS HOW MANY CASES THERE ARE LIKE THAT, WHERE THE CASE HAS BEEN SORT OF A STANDING CASE WHERE IT'S SORT OF AT, AT, AT, YOU KNOW, THE OWNER'S NOT RESPONDING AND THINGS ARE NOT IMPROVING, YOU KNOW, HOW MANY CASES ARE THERE LIKE THAT, WHERE PEOPLE ARE STILL, UH, AFFECTED BY THESE BAD CONDITIONS, DESPITE ALL THE ORDERS AND THINGS THAT HAVE BEEN ISSUED, MAYBE THAT WOULD BE SOMETHING THAT COULD BE PART OF THE ANNUAL REPORT.
WE CAN MAKE THAT PART OF THE MONTHLY REPORT, UH, THAT WE'RE OBLIGATED TO PROVIDE.
UH, I WILL ADD THAT WE DO HAVE A COUPLE OF THOSE, NO HOT WATER CASES, MOVING THROUGH THE ADMINISTRATIVE HEARING PROCESS.
AS A MATTER OF FACT, I HAVE, WE HAVE ONE THAT WENT TO THAT CASE YESTERDAY, AND THEN WE HAVE SOME FOR TOMORROW AS WELL.
SO, UH, WE ARE MOVING THEM ALONG AND, UM, ALSO YES, WE CAN MAKE THAT PART OF THE MONTHLY REPORT.
JUST KIND OF, SO TO BE CLEAR, YOU'RE TALKING ABOUT OVERALL CASES THAT ARE JUST KIND OF LANGUISHING, NOT NECESSARILY CODE CASES RELATED TO THE WINTER STORM.
UM, I'M GOING TO BE A LITTLE HESITANT ABOUT ADDING THAT TO EACH MONTHLY REPORT.
UH, BUT I DO THINK THIS WAS VERY APPROPRIATE TO TALK ABOUT, UH, WITH OUR ANNUAL REVIEW AND KIND OF GOALS FOR THE NEXT YEAR.
THAT MIGHT BE SOMETHING WE WANT TO START INCLUDING.
WOULD THAT BE ACCEPTABLE TO YOU, COMMISSIONER MUELLER FOR FUTURE? I DEFINITELY THINK IT SHOULD BE IN THE ANNUAL REPORT IF I DO THINK IT'S SOME, IT WOULD BE GOOD TO HEAR ABOUT, UM, MORE OFTEN THAN THAT, MAYBE QUARTERLY, BECAUSE I'M SORRY, I'M GOING TO INTERRUPT BECAUSE WE HAVE ONE MINUTE LEFT.
UM, LET'S TALK ABOUT IT NEXT MONTH.
I WOULD SAY LET'S NOT REQUIRE THAT REPORT NECESSARILY FOR NEXT MONTH, BUT LET'S TALK ABOUT INCLUDING IT ON A MORE FREQUENT BASIS, WHICH MIGHT BE MONTHLY.
ANYTHING ELSE FOR FUTURE AGENDA ITEMS? ALL RIGHT.
I ADJOURN LET THE RECORD SHOW.
UH, THANK YOU EVERYONE REMINDER.
I WILL NOT BE HERE NEXT MONTH.
VICE-CHAIR ABILA AND I WILL SEE EVERYONE IN
[03:20:01]
JULY.