[00:00:04]
[CALL TO ORDER]
GOOD EVENING.I CALLED THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR SEPTEMBER 22ND, 2021.
LET THE RECORD REFLECT THAT THE TIME IS 6 47 AND MY APOLOGIES FOR THE LATE START.
UM, AS YOU CAN SEE, WE'RE ALL GETTING USED TO BEING BACK IN PERSON.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
WELL, THE OTHER COMMISSION MEMBERS PRESENT TONIGHT, PLEASE STATE YOUR NAMES AND I'LL START WITH YOU.
UH, COMMISSIONER MILLER, ELIZABETH MUELLER, EDGAR FOR DISTRICT EIGHT, EDWARD SOLER, DISTRICT 10
AND SOME OF THESE DOS TO ADD DISTRICT SEVEN, JOINING BY VIDEO CONFERENCE.
AND, UH, IT APPEARS WE DO NOT HAVE COMMISSIONER GREEN WITH US THIS EVENING, AT LEAST NOT YET.
UM, IF HE DOES JOIN US, WE'LL HAVE HIM INTRODUCE HIMSELF TONIGHT.
THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
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 OF COURSE, TONIGHT, AS WE ARE IN THE MIDDLE OF THE PANDEMIC, WE ARE REQUIRED TO KEEP OUR MASKS ON, UM, WHEN SEATED AND NOT SPEAKING, IF YOU ARE SPEAKING, WHEN YOU COME UP TO THE PODIUM, IF YOU ARE MORE COMFORTABLE DOING SO, YOU MAY, UH, YOU KNOW, REMOVE YOUR MASK WHILE YOU'RE SPEAKING.
AND THE SAME GOES FOR FELLOW COMMISSIONERS TOO.
IT'S YOU KNOW, PLEASE KEEP YOUR MASK ON UNLESS YOU'RE SPEAKING.
UH, THE COMMISSION'S COORDINATOR, MELANIE ALLIE, WE'LL WE'LL CALL EACH CASE ON THE AGENDA.
UM, MELANIE, IF YOU WANT TO THANK YOU WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT AT THE TABLE IN FRONT OF THE COMMISSION OR IN THIS CASE, ACTUALLY, UM, PLEASE STEP UP TO THE PODIUM.
WHEN IT'S YOUR TURN TO TALK, THE CITY WILL PRESENT ITS EVIDENCE AND WITNESSES.
FIRST, AFTER EACH CITY, WITNESS TESTIFIES YOU OR YOUR REPRESENTATIVE MAY ASK THE WITNESSES QUESTIONS ABOUT THEIR TESTIMONY.
ONCE THE CITY HAS CONCLUDED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.
YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
AND AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER RELEVANT TESTIMONY ABOUT THE CASE, BOTH SIDES.
AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED.
THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.
A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.
IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS.
WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION THIS EVENING, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN THAT WOULD INCLUDE ANYONE OFFERING, UM, YOU KNOW, PUBLIC COMMENT.
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.
UH, IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING, ACTUALLY.
UM, MS. SALLY, I DID WANT TO SUGGEST THAT PERHAPS WE WOULD TAKE CASES FOUR AND FIVE BEFORE.
ITEMS NUMBER FOUR AND FIVE BEFORE ITEM NUMBER ONE.
AND I DON'T BELIEVE YOUR MICROPHONE IS ON MR. ALLEN, WOULD YOU LIKE TO APPROVE
[APPROVAL OF MINUTES]
THE MINUTES FOR THE JUNE? THE, THE REVISED MINUTES FOR THE JUNE MEETING AND THE REGULAR MINUTES FOR THE AUGUST 25TH MEETING? UH, YES.I THINK WE SHOULD CONSIDER THAT.
[00:05:01]
EVERYONE HAD A CHANCE TO LOOK AT THE MINUTES FROM PREVIOUS MEETINGS? YES.UM, I REMEMBERED AT THE END OF THE LAST MEETING THAT WE ASKED FOR BRIEFING ON THE 9,500 DESA ROAD CASE AS A FUTURE AGENDA ITEM.
BUT I DON'T SEE THAT REFLECTED IN THE MEAN AND THE MINUTES.
UH, AT THE END OF OUR MEETING, ACTUALLY AN ITEM NUMBER SEVEN WOULD BE A GOOD TIME TO TALK ABOUT THAT.
WE ACCEPT THE MINUTES AS SUBMITTED.
WOULD ANYONE LIKE TO SECOND COMMISSIONER THOMPSON? SECOND.
ALL IN FAVOR OF APPROVING THE MINUTES FOR THE JUNE 23RD, 2021 AND AUGUST 25TH, 2021 REGULAR MEETINGS OF THE BUILDING AND STANDARDS COMMISSION.
DID YOU HAVE A QUESTION OR WERE YOU JUST TRYING TO GET MY ATTENTION? OKAY.
ANYONE OPPOSED? AND NO ONE ABSTAINED.
[CITIZEN COMMUNICATION: GENERAL ]
I BELIEVE WE HAVE, WE MAY HAVE SOMEONE HERE FOR CITIZENS COMMUNICATION.I BELIEVE WE HAVE A COUPLE OF PEOPLE.
UM, DO WE HAVE CHARLIE DARCELL?
IF YOU WOULD PLEASE COME DOWN AND IS LEO BOHO WITH YOU TONIGHT ALSO OR NOT? NOT.
UH, I SENT IN A SMALL PRESENTATION.
IT'S GOING TO BE SAY AT THE BEGINNING OF THIS SUBSTANCE COMMUNICATION.
DO WE HAVE THAT AVAILABLE IN OUR READERS? DO WE KNOW? THERE WE GO.
IF YOU COULD PLEASE JUST INTRODUCE YOURSELF SO THAT WE GET THE CORRECT PRONOUNCING PRONUNCIATION OF YOUR, UM, MY NAME IS CHARLIE
UM, I'M JUST HERE TO GIVE A QUICK REMINDER OF WHERE WE ARE AND KIND OF A PROGRESS REPORT WITH RESPECT TO THIS MATTER.
SO YOU CAN GO TO NEXT SLIDE, PLEASE.
UH, THIS IN FALL 2020, THE NEIGHBORS MADE COMPLAINTS ABOUT THE STATUS OF THE BUILDINGS.
UM, WE SPENT A COUPLE OF MONTHS WORKING WITH THE HISTORIC LANDMARK COMMISSION TO CRAFT A PLAN THAT WOULD SATISFY THEIR NEEDS FOR DEMOLITION.
UM, LATER WE RESPONDED TO A SEC SECURE THE FACADE ORDER FROM THE COMMISSION AND CONTINUED WORKING TO COME INTO COMPLIANCE.
OR RIGHT NOW WE'RE UNDER AN ORDER REQUIRING THAT WE COME INTO COMPLIANCE.
AND SO ANY STEP FORWARD FOR US WOULD HAVE REQUIRED APPROVAL FROM THE HISTORIC LANDMARK COMMISSION.
AND WE IN JULY, WE RECEIVED APPROVAL FOR OUR PLANS FOR DECONSTRUCTION AND RECONSTRUCTION OF THE FACADES.
FOR TWO OF THE THREE BUILDINGS, WE WERE DENIED OUR APPLICATION WITH RESPECT TO THE THIRD BUILDING 9 0 9 CONGRESS AVENUE, BUT WE APPEALED THAT TO THE PLANNING COMMISSION AND LAST WEEK, UH, RECEIVED APPROVAL FOR THAT APPLICATION AS WELL.
SO GOING FORWARD, THERE'S REALLY ONLY ONE MORE APPROVAL THAT WE NEED IN ORDER TO BRING SITE PLAN EXEMPTION AND DEMOLITION PERMIT APPLICATION FOR EACH SITE.
UH, AND THAT IS A RELATED RESTRICT, RESTRICTIVE COVENANT NEEDS APPROVAL FROM COUNCIL.
UH, THAT REQUIRES US TO BRING THE FACADES BACK WITHIN THREE OR THREE YEARS OF DEMOLITION.
SO IF YOU COULD MOVE TO THE NEXT PAGE, I'M JUST HERE TO LET YOU KNOW THAT OUR NEXT STEP IS TO BRING THAT ITEM BEFORE COUNCIL ON THEIR OCTOBER MEETING.
NOW THAT EVERYTHING WAS RE NOTICED, AND WE'LL KEEP YOU UPDATED ON OUR NEXT STEPS, WHICH WILL BE MAKING THE SITE PLAN EXEMPTION AND DEMOLITION DEMOLITION PERMIT APPLICATIONS.
IF YOU HAVE ANY QUESTIONS, I'D ALSO BE HAPPY TO ANSWER THEM.
UM, WE WERE ACTUALLY NOT POSTED FOR DISCUSSION, SO, UM, WE'RE NOT REALLY ALLOWED TO ASK YOU ANY QUESTIONS THIS EVENING, BUT WE DO APPRECIATE YOU PROVIDING THE UPDATE AND, UH, HOPEFULLY THIS WILL HELP US TO KEEP THIS CASE FRESH IN OUR MINDS AS IT, AS IT CONTINUES.
[00:10:02]
HEY CHAIR.I DON'T, DO WE HAVE ANYONE ELSE ON THE, WE DO.
UH, I BELIEVE CHRIS RILEY IS HERE.
IF YOU'D LIKE TO GO AHEAD AND PLEASE INTRODUCE YOURSELF AND TELL US WHY YOU'RE HERE.
I'M HERE TONIGHT ON BEHALF OF J REDDY WHO OWNS THE PROPERTY AT 7 0 7 WEST 14TH STREET THAT YOU SEE PICTURED THERE.
THAT WAS THE SUBJECT OF THE COMMISSION'S ORDER IN THE CASE YOU SEE MENTIONED THERE, UH, AND I'M HERE TONIGHT TO ASK YOU TO PLACE THAT CASE ON YOUR AGENDA ON AN UPCOMING AGENDA SO THAT WE CAN DISCUSS THE PENALTIES THAT IN, UM, IN FEBRUARY, THIS COMMISSION DID ISSUE AN ORDER REQUIRING THE BUILDING TO BE REPAIRED OR DEMOLISHED WITHIN 90 DAYS.
MR. READY IS NOW THE SITE IS NOW IN FULL COMPLIANCE.
UH, THE BUILDING HAS BEEN DEMOLISHED, BUT IT TOOK A LITTLE LONGER THAN EXPECTED.
UM, AND AS A RESULT, MR. REDDY IS NOW FACING $10,000 IN FINES.
AND THAT'S WHY WE'RE ASKING THE COMMISSION TO CONSIDER PLACING THIS ON AN AGENDA SO THAT WE COULD DISCUSS, UH, POTENTIALLY LOWERING THOSE FINES.
AND I'LL GET INTO WHY, IF WE COULD, IF WE COULD MOVE IT TO THE NEXT SCREEN, THE, UH, MR. READY, UM, AND AT THE COMMISSIONS HEARING ON FEBRUARY 24TH, UH, THE STAFF ASSURED THE COMMISSION THAT DEMOLISHING THE PROPERTY.
IF MR READY, UH, READY, WAS WORKED TO DEMOLISH THE PROPERTY, HE WOULD JUST NEED TO GET A DEMO PERMIT, WHICH WE A BUILDING PERMIT BASICALLY.
AND THE COMMISSION EXPECTED THAT IT COULD EASILY BE DONE IN 90 DAYS.
UNFORTUNATELY IT TURNED OUT TO BE NOT QUITE THAT SIMPLE.
AND IT TOOK SOMEWHAT LONGER THAN EXPECTED.
MR. REDDY DID MOVE VERY QUICKLY TO GET, UM, THE ASBESTOS INSPECTION AND EVERYTHING NECESSARY TO GET THE BUILDING DEMOLISHED.
HE SUBMITTED THE APPLICATION FOR THE DEMOLITION PERMIT LESS THAN A MONTH AFTER THE ORDER.
UH, BUT THEN YOU CAN'T, THEY CAN'T CONSIDER THE DEMOLITION PERMIT WITHOUT A SITE PLANNING EXEMPTION AND SITE PLAN EXEMPTION HAS TO GO THROUGH A PROCESS THAT IS COMPARABLE TO A SITE, THE SITE PLAN ITSELF.
UM, AND THAT, THAT PART OF CITY STAFF HAS BEEN EXPERIENCING A LOT OF DELAYS.
THEY INITIALLY SAID ALLOW 12 TO 14 DAYS.
AND SO WE KEPT FALLING, FOLLOWING UP TO SEE WHERE IT STOOD AFTER THAT TIME HAD PASSED.
AND THEY WERE REPEATEDLY TOLD, SORRY, WE'RE WE'VE, WE'RE, WE'RE BEHIND.
WE DON'T HAVE A TIMELINE TO GIVE YOU.
AND THE SITE PLAN DIDN'T GET APPROVED UNTIL JULY, RIGHT IN THE MIDDLE OF THIS TIME, YOU MAY RECALL THIS IS RIGHT WHEN THE, THE AUSTIN MONITOR RAN A STORY ON APRIL 26, REPORTING THE SITE PLANS AND EXEMPTIONS WERE EXPERIENCING SUFFERING SIGNIFICANT DELAYS.
THIS WAS NOT A PROBLEM FOR HIM ALONE THIS, AND, UH, AND I DON'T MEAN TO FAULT ANY STAFF STAFF WE'RE DOING THE BEST JOB THAT THEY COULD UNDER A VERY DIFFICULT SITUATION DEALING WITH COVID AND STAFFING SHORTAGES AND OFFSITE WORKING AND ALL SORTS OF CHALLENGES.
EVERYBODY WAS DOING THE BEST THEY COULD, BUT IT DID TAKE LONGER THAN EXPECTED.
AS SOON AS MR. RAY GOT THE SITE PLAN EXEMPTION THAT THE DEMO PERMIT STAFF RE ABLE TO FILE THE DEMO PERMIT AND MOVE ON THAT.
AND AS SOON AS IT GOT APPROVED, HE IMMEDIATELY WENT OUT AND GOT IT DEMOLISHED RIGHT AT THE BEGINNING OF AUGUST.
BUT SO MUCH TIME HAD PASSED THAT HE WOUND UP BEING 10 WEEKS, 10 WEEKS LATE.
AND AS A RESULT, HE'S NOW YOU NOW HE FACES $10,000 OF, OF FEES, WHICH IS A SIGNIFICANT AMOUNT FOR HIM.
HE, THIS IS HE'S TRYING TO BUILD A SMALL APARTMENT BUILDING FOR HIS OWN FAMILY AND OTHERS ON A VERY CHALLENGING SITE.
AND IT HAS BEEN DIFFICULT IN EVERY WAY.
AND SO WE REALLY HOPE THAT KIM'S PETITIONER WILL PLACE THIS ON A FUTURE AGENDA.
THANK YOU FOR COMING TO TALK, TALK WITH US ABOUT THIS.
WE WILL TAKE THIS UP FOR, TO TALK ABOUT FUTURE AGENDA ITEMS. AND SHOULD I STICK AROUND FOR THAT? UH, IT'S UP TO YOU ENTIRELY.
IT MIGHT BE A COUPLE OF IF THE COMMISSIONER WOULD LIKE TO ASK HER WHAT HAVE YOU, BUT THE DISCUSSION THEN REALLY IT WOULD JUST BE A DISCUSSION AMONGST OURSELVES.
IF WE DECIDE IT'S WORTH PUTTING ON THE, ON A FUTURE AGENDA ITEM OR NOT, I CAN'T SPEAK TO WHAT OUR DECISION MIGHT BE YET.
DO WE HAVE ANYONE ELSE FOR CITIZENS COMMUNICATION? NOT THAT I AM AWARE OF.
THOSE ARE THE ONLY TWO THAT I I HAD, SO I BELIEVE WE ARE READY TO MOVE ON TO THE AGENDA ITEMS. SO WE'RE MOVING TO INSIDE.
I WOULD LIKE TO MOVE TO, UM, ITEMS NUMBER FOUR AND FIVE.
IF THAT'S ACCEPTABLE TO YOU, I BELIEVE.
THE REASON FOR DOING THAT IS I BELIEVE WE DO HAVE THE PROPERTY REPRESENTATIVE HERE RIGHT NOW.
UM, DO WE HAVE HIM HERE? LET'S LET'S CONFIRM THAT.
UH, DO WE HAVE, THAT WOULD BE, UM, MR. WAYNE WOOD? YES.
DO WE HAVE MR. WAYNE WOOD HERE? WE DO.
[00:15:06]
NEXT[Items 4 & 5]
[4. Case Number: CL 2021-104822]
[5. Case Number OL 2021-104824 ]
ON THE AGENDA WILL ITEMS NUMBER FOUR AND FIVE ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION OR REGARDING TO RESIDENTIAL STRUCTURES ON ADJOINING PROPERTIES LOCATED AT 7 2 0 2 AND 7, 204 BETHUNE AVENUE.BOTH STRUCTURES HAVE SUBSTANDARD CONDITIONS REQUIRING REPAIR CASE NUMBERS ARE AS FOLLOWS 7 2 0 2, BUT THEN AN IS CASE NUMBER CL 20 21 1 0 4 8 2 2 AND 7 2 0 4.
BETHUNE AVENUE IS CASE NUMBER C L 20 21 1 0 4 8 2 4.
THE EXHIBITS CAN BE FOUND IN THE YELLOW BOOKS IN THE GOOGLE DRIVE FOLDER.
ACCORDING TO T CAD, BOTH PROPERTIES ARE THAT'S TRAVIS CAMPBELL COUNTY APPRAISAL DISTRICT.
BOTH PROPERTIES ARE OWNED BY ENTITIES RELATED TO ST.
JOHN'S CHURCH OF CHRIST AT THIS TIME, CAN OUR PROPERTY REPRESENTATIVE, MR. LUKE WAYNE WOULD COME UP TO THE PODIUM OR JUST, I GUESS HE CAN WAIT FOR A MINUTE.
AS YOU MAY RECALL, THESE TWO CASES WERE HEARD IN AUGUST.
THE CASES WERE CONTINUED AND THE PROPERTY OWNER, MR. GREENWOOD WAS ASKED TO RETURN THIS MONTH WITH THE FOLLOWING INFORMATION AND RELEVANT DOCUMENTATION OR ROOFING ESTIMATE, OR QUOTE MORE INFORMATION ON THE PROGRAMS THAT PROVIDE ASSISTANCE FOR REPAIRS, INCLUDING A WAITLIST ESTIMATE, AS WELL AS A PLAN FOR MAKING THE REPAIRS IN THE GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE THROUGH FOUR, WHICH WERE PREVIOUSLY ADMITTED, EXHIBITS FIVE AND SEVEN, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS AND EXHIBIT SIX, EIGHT THROUGH SIX E AND EIGHT, EIGHT THROUGH EIGHT D, WHICH CONSISTS OF PHOTOS OF EACH OF THE CASES REPRESENTED AS WELL AS A COMBINED RECOMMENDED ORDER.
ERIC GARDNER IS HERE TONIGHT TO PRESENT THE PHOTOS IN BOTH CASES MARKED AS EXHIBIT SIX, EIGHT THROUGH 60 AND EIGHT, EIGHT THROUGH EIGHT D.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOGRAPHS INSPECTOR GARDNER, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS ERIC GARDNER, AND I'M A CODE OFFICER WITH THE CITY OF AUSTIN'S CODE DEPARTMENT.
AND I'VE BEEN ASSIGNED TO THIS CASE.
I'M HERE TO DISCUSS THE PROPERTY AT 7,202
THE CODE DEPARTMENT RECEIVED A COMPLAINT REGARDING A STRUCTURE IN SUBSTANDARD CONDITION.
THE COMPLAINT WAS ORIGINALLY ASSIGNED TO CODE OFFICER RODDY, SALAZAR, AND SUBSEQUENTLY TREACHER TO ME ON JULY 8TH, 2021 ON JUNE 30TH, 2016, AN INSPECTION WAS CONDUCTED AND THE CODE DEPARTMENT SENT THE NOTICE OF VIOLATION TO THE REGISTERED OWNER OF THE PROPERTY IN ACCORDANCE WITH TRAVIS CENTRAL APPRAISALS DISTRICT RECORDS FOR THE SUBSTANDARD CONDITIONS THAT WERE FOUND, OBSERVED ROTTEN FACIA AROUND THE FRONT AND SIDES OF THE STRUCTURE OBSERVED CHIPPING PAINT ON THE STRUCTURE FRONT AND SIDE, MISSING SIDING ON THE NORTH SIDE OF THE STRUCTURE AND OBSERVED MISSING SHINGLES AND RUNNING WOOD ON THE ROOF.
ON FEBRUARY 6TH, 2017 CASE RECORDS SHOW CONTACT WAS MADE WITH THE OWNER WHO STATED THAT THEY WERE WORKING WITH ANOTHER CHURCH TO HELP FIX THE PROBLEMS ON JUNE 12TH, 2019, THE FOLLOW UP INSPECTION WAS CONDUCTED, AND IT WAS FOUND THAT THE STRUCTURE REMAINED A SUBSTANDARD CONDITION WITH NO REPAIRS BEING MADE ON THAT SAME DAY.
A NEW NOTICE OF VIOLATION WAS SENT IN CASE RECORDS REFLECT.
IT WAS SIGNED FOR ON OCTOBER 15TH, 2020.
THE CODE DEPARTMENT SENT NEW NOTICES OUT TO THE PROPERTY OWNER THAT WERE ALSO ASSIGNED FOR ON FEBRUARY 11TH, 2021, A FOLLOW UP INSPECTION WAS CONDUCTED, AND IT WAS FOUND THAT THE STRUCTURE REMAINED A SUBSTANDARD CONDITION WITH NO REPAIRS MADE NOTICE OF VIOLATION WAS POSTED ON THE PROPERTY THAT SAME DAY ON SEPTEMBER 14TH, 2021, I CONDUCTED AN INSPECTION OF THE PROPERTY AT 72 0 2 BETHUNE AND OBSERVED THE ROOF.
SHINGLES WERE REPAIRED AND REPLACED WITH NEW ONES.
THE DAMAGED FACIA BOARDS WERE REPLACED IN THE DAMAGE ON AND REPAIRED THE SOUND CONDITION.
THE WEATHER PROOFING WAS REPAIRED AND A NEW COAT WAS APPLIED TO THE STRUCTURE.
THERE WAS STILL A BOARDED UP DOORWAY ON THE SOUTH SIDE OF THE STRUCTURE AND THE SIDING WAS STILL DAMAGED ON THE LOWER NORTHEAST CORNER OF THE STRUCTURE FOLLOWING MY INSPECTION OF 72 0 2 AT THE END, INSPECTED 72, A FOUR, BUT THROUGH AND OBSERVED THE STRUCTURE REMAINED IN THE SAME SUBSTANDARD CONDITION, NO REPAIRS HAVEN'T BEEN MADE.
I WENT, I'LL TAKE YOU THROUGH THE EXHIBIT PHOTOS.
THIS PHOTO IS A CONTEXTUAL VIEW OF THE PROPERTY.
UM, IN THIS PHOTO, YOU CAN ALSO SEE THE WEATHER PROOFING WAS APPLIED TO THE EXTERIOR WALLS OF THE STRUCTURE.
YOU'LL ALSO NOTE THAT THE FACIAL BOARDS WERE REPLACED AND PAINTED AS WELL.
THIS PHOTO IS FROM BETHUNE AVENUE HERE.
YOU CAN SEE HOW THE ROOF SHINGLES HAVE BEEN REPLACED.
[00:20:01]
OR ROOF OVERHANG HAS BEEN REPAIRED, THE, UH, SOUND CONDITION.YOU CAN ALSO NOTE THAT THE WEATHERPROOFING WAS REPLIED THROUGHOUT THE EXTERIOR WALLS OF THE STRUCTURE.
IT'S A LITTLE BIT OF A CLOSEUP PICTURE.
WHAT THIS IS HIGHLIGHTING, AS YOU CAN STILL SEE THAT THERE'S DAMAGE TO THE SIDING IN THE LOWER LEFT CORNER OF THE STRUCTURE.
YOU CAN ALSO NOTE THAT THERE'S NEW FACIAL BOARDS INSTALLED THAT HAVE NOT BEEN PAINTED YET.
THIS IS A CLOSEUP VIEW OF WHAT'S REMAINING, UM, OF THE DAMAGED SIDING.
WE STILL HAVE A COUPLE OF HOLES RIGHT THERE AT THE BOTTOM.
HERE'S A VIEW OF THE PROPERTY.
THIS IS SHOWING THE BOARDED UP DOORWAY.
UM, BUT FROM THIS VIEW, YOU CAN ALSO TELL THAT THE PAINT WAS APPLIED TO THE EXTERIOR WALLS AND THE ROOF SHINGLES HAD BEEN REPAIRED.
THIS IS A CONTEXTUAL VIEW OF THE 7,204, BUT THROUGH AN AVENUE FROM BETHUNE AVENUE, UM, FROM THIS PHOTO, YOU CAN ALSO SEE HOW THE WEATHERPROOFING IS MISSING THE CHIP PAINT, AS WELL AS THE ROOF OVERHANGING EXTENSION OF SAGGING AND BEGINNING TO COLLAPSE.
THIS IS A LITTLE BIT OF A CLOSEUP, SO YOU CAN FURTHER UNDERSTAND THE ROOF DAMAGE AND THE EXTENT OF THE SHINGLES AND HOW THAT AWNING IS LEANING AND IN DANGER OF COLLAPSING, AS WELL AS THE CHIPPED PAINT TO THE EXTERIOR WALLS.
THIS IS THE CLOSE-UP VIEW WHERE YOU CAN SEE THE DAMAGE TO THE ROOF THAT YOU CAN SEE SKY THROUGH THAT ROOF OVERHANG.
UM, THAT AREA IS SEVERELY DAMAGED, POTENTIALLY ALLOWING A LOT OF WEATHER TO THE INSIDE OF THE STRUCTURE, AS WELL AS CAUSING FURTHER DETERIORATION TO THE EXTERIOR OF THE STRUCTURE.
YOU CAN SEE THE FACIAL BOARDS ARE RIDING.
THE SOFFIT BOARD IS MISSING AND THE WOUND IS DETERIORATING ALONG THE ROOF.
THIS IS THE BACK OF THE PROPERTY HERE.
YOU CAN SEE WHERE THE ROOF SHINGLES ARE MISSING AND DAMAGED.
YOU CAN SEE THE SOFFIT BOARD AND FACIAL BOARDS ARE ROTTING.
YOU CAN ALSO SEE HOW THE WEATHERPROOFING IS MISSING AS WELL AS THE AWNING OVER THAT DOOR IS SAGGING IN A DANGER OF COLLAPSING.
THAT CONCLUDES MY PRESENTATION.
SEE, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS FIVE AND SEVEN, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBIT SIX, EIGHT THROUGH 60 AND EIGHT, EIGHT THROUGH EIGHT D ALSO CHAIR.
BEFORE I READ THE ORDERS INTO THE RECORD, I WOULD LIKE TO MAKE ANOTHER REQUEST BECAUSE THE RECOMMENDED ORDERS ARE THE SAME.
IN BOTH CASES, WE'RE REQUESTING THAT ONE RECOMMENDED ORDER BE READ INTO THE RECORD WITH THE UNDERSTANDING THAT WE'RE REQUESTING TWO SEPARATE ORDERS.
IF THE CHAIR, UH, YES, THAT'S ACCEPTABLE.
STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BOTH CASES IN ORDER THAT THE OWNER COMPLETE THE FOLLOWING IN EACH CASE, RESPECTIVELY ONE OBTAIN AN ENGINEER'S REPORT TO ASSESS WHETHER THE VIOLATIONS ARE CAUSING THE NEED FOR ADDITIONAL REPAIRS TO OBTAIN AND FINALIZE ALL NECESSARY.
PERMITS THREE REPAIR, ALL CITED VIOLATIONS TO THE RESIDENTIAL STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED FOUR REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FIVE ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND FOR SHELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UH, AT THIS TIME, I THINK WE'D LIKE TO HEAR FROM THE PROPERTY OWNER AND, UM, IF YOU COULD INTRODUCE YOURSELF AND IF YOU'D LIKE TO BEGIN WITH ANY QUESTIONS FOR THE CODE INSPECTOR, UH, EVEN BEFORE YOU BEGIN YOUR TESTIMONY, THAT WOULD BE FINE.
OTHERWISE JUST, OH YEAH, WELL, YES.
MY NAME LUKE LINWOOD AND, UH, THAT THE DOOR HE WAS TALKING ABOUT, THAT'S NOT A BOY LITTLE DOOR LOCK UP.
I TALKED TO YESTERDAY, RIGHT? YES, YES, SIR.
AND, UM, AND YEAH, THE DOOR OPENS AND CLOSE, OPEN AND CLOSE.
IT'S NOT BOARDED UP IN THAT CORNER.
SO, UM, YEAH, I WANNA TALK ABOUT, UM, SINCE THE 25TH OF LAST MONTH, UM, UNTIL THE 10TH OF THIS MONTH WHERE I GOT THAT, THE CHURCH HOUSE, THE WHOLE
[00:25:01]
ROOF AND EVERYTHING FIXED, UM, WITH THIS ROOFER THAT I HAVE AND, UM, AND THAT THE PAINT INTERFACING DID ON IT AND EVERYTHING.AND, UM, AND WHAT I'M SAYING IS THAT FOR 72 0 4, I'M GOING TO HAVE TO, UM, I'M GOING WITH THESE NON-PROFIT, UM, ORGANIZATION WITH THE, UM, EASTER SEALS AND MEALS ON WHEELS AND AUSTIN AREA, URBAN LEAGUE AND HABITAT FOR HUMANITY.
I HAVE BEEN IN CONTACT WITH THEM AND THEY SAID THEY WERE GOING TO HELP ME, BUT THEY PUT ME ON A WAITING LIST AND I'VE BEEN TALKING TO, UH, HUD TOO.
AND, UM, I LEFT A MESSAGE WITH SAM TOO.
AND, UM, I HAVE ALL THE CARDS HERE FOR PROOF AND EVERYTHING.
UH, AND I HAD RECEIVED FOR THE CHURCH HOUSE THAT RIGHT HERE, THAT, THAT THE ROOFING DONE IN, IN THE CONTRACT THAT WE WRITTEN UP.
UM, AND I'VE BEEN TALKING TO HIM THAT THE BANK THAT I, I, I GO TO AND EVERYTHING THAT I, I PULLED OUT OUT, YOU KNOW, UH, ALONE AND EVERYTHING TO GET THINGS DONE, UH, UH, BECAUSE I WANT TO GO ON AND GET IT DONE AND I WANT IT COMPLETE, UM, START WITH, AND I'M ASKING, YOU KNOW, FOR, FOR TIME TO DO THAT, UM, BECAUSE, UM, YOU KNOW, LIKE THE CHURCH IS THE PROOF THAT I REALLY, I REALLY LOVED THE PLACE AND I REALLY WANTED, I REALLY WANT TO FIX IT UP, YOU KNOW, AND I REALLY WANT TO COMPLETE IT.
AND IF I JUST HAD THIS, THAT'S THE TIME, YOU KNOW, AND TO HEAR BACK FROM THESE, UH, PEOPLE THAT, THAT I'VE ASKED, UH, AND, YOU KNOW, CAUSE THEY SAID THEY COULD HELP ME.
AND THAT'S, THAT'S, THAT'S WHAT I'M LOOKING FOR.
YOU KNOW, IF I COULD JUST SET MORE TIME CAUSE I, YOU KNOW, I GET IT DONE.
UH, I'D LIKE TO SEE IF ANY OF THE COMMISSIONERS HAVE QUESTIONS FOR YOU OR FOR OUR CITY CODE OFFICER, IF YOU ARE OKAY.
HANGING OUT THERE FOR A MINUTE, UH, COMMISSIONER THOMPSON.
CAN YOU TURN YOUR MICROPHONE ON? THANK YOU.
UM, I WAS WONDERING HOW MUCH TIME YOU THOUGHT YOU NEED, EVEN THOUGH THAT'S A LITTLE BIT OF A GUESS WITH WITHIN YOU'RE, DEPENDING ON OTHER PEOPLE YOU'VE MENTIONED SOME OF THE PEOPLE THAT YOU'VE TALKED TO AND THERE, I HEARD SOME RELIABLE NAMES IN THERE AND YOU PROBABLY KNOW THAT.
UH, SO WHAT, WHAT ARE YOU THINKING ABOUT TIME? WELL, IT'S, UH, UM, I'M WAITING ON, I'M WAITING ON THEM, BUT I'M MOVING TO, I'M DOING THINGS TOO.
LIKE I SAID, I'M GOING THROUGH MY BANK AND TRYING TO GET THAT LOAN OUT.
I'M TRYING TO DO IT, EVERYTHING, YOU KNOW, JUST IN CASE THIS DOESN'T WORK, I'LL BE ABLE TO GET IT FOR, YOU KNOW, FOR THIS THEN, UH, BECAUSE LIKE I SAID, I REALLY WANT TO GET IT DONE.
I JUST NEED KNOW THAT AT THE TIME.
SO DO YOU HAVE A PARTICULAR TIME THAT YOU WOULD LIKE TO, UH, COME BACK FOR REVIEW OR TO SAY I'LL HAVE THIS DONE WITHIN SO MANY DAYS OR WHAT I WOULD LIKE TO, UH, HAVE A TIME TO SAY THAT, BUT YOU KNOW, WAITING ON THESE PEOPLE, UH, TO DO YOU KNOW WHAT THEY'RE GOING TO DO? UH, I MAY NOT.
I CALLED THEM AND I CALL THEM, BUT YOU KNOW, THEY GIVE ME THE SAME ANSWER SAYING, WELL, YOU KNOW, YOU GOTTA BE ON A WAITING LIST BECAUSE SO MANY PEOPLE IN FRONT OF YOU, YOU KNOW, AND I'VE BEEN TOLD THAT SO MANY TIMES, BUT, UH, BUT I GOT THIS, UM, LIKE I SAID, JUST AS LONG I'M LOOKING AT IT AND THEY SAID THEY GONNA CONTACT ME BY HER, UH, AT LEAST ABOUT 14 DAYS, THEY SAID, AND, AND SEE IF I GET IT OR NOT.
UH, YOU KNOW, AND LIKE I SAID, UH, YOU KNOW, IT WOULDN'T HAVE NEVER GOT THIS FAR IF I JUST HAD THAT MONEY IF I HAD THE MONEY, BUT NEVER GOT THIS FAR.
I MEAN, I WOULD HAVE REALLY JUST DONE IT AS SOON AS I GOT THE NOTICE.
I WOULD'VE, I WOULD'VE DONE IT, BUT I DON'T KNOW.
I GUESS I'M A VICTIM OF CIRCUMSTANCES.
I HAVE A QUESTION FOR YOU, UH, MR. WINWARD.
UM, I'M LOOKING AT THE HISTORY HERE AND THIS HAS BEEN GOING ON FOR A FEW YEARS.
AND SO WHO WAS IN CHARGE OF THE OPERATIONS BACK IN 2017? WAS THAT YOU OR SOMEBODY ELSE?
[00:30:01]
WELL, IT HAD, YEAH.SO, OH, YOU'VE BEEN IN CHARGE FOR THE WHOLE TIME.
AND, UM, AND I SAY SOME, UH, YOU KNOW, THE, THE HONEST WAY I GOT THE, THAT, THAT THE CHURCH MOVED DOWN WAS I WAS SAVING MONEY FROM MY CHECK EVERY MONTH, EVERY MONTH I WAS SAVING MONEY AND SAVING IT UP AND SAVING IT UP, SAVING IT UP.
AND, AND WHEN I GOT THIS ROOFER, UM, HE MADE AN ESTIMATE AND HE, UM, HE TOLD ME THAT, YOU KNOW, IT WAS, UH, DID HE DO IT FOR THAT? LET'S SEE THE FIRST ONE WAS 4,005.
AND, UH, AND HE DONE THAT AND I HAD THAT, NO.
AND THEN THE NEXT ONE HERE, THE LAST PART WAS FOR THE, UM, SEVEN THOUSAND TWENTY SEVEN THOUSAND TWO HUNDRED SEVENTY SIX.
AND THERE'S THE RECEIPTS RIGHT HERE, BUT THAT, YOU KNOW, THAT THAT WAS ALL MY MONEY AND, YOU KNOW, BUT I WOULD HAVE DONE IT BECAUSE I WANT TO DO THE RIGHT THING AND I WANTED TO, YOU KNOW, DO THE RIGHT THING AND HAVE IT DONE.
SO, BUT THAT WAS ALL MY MONEY.
SO NOW I'M DEPENDENT ON THESE NON-PROFITS AND I STILL HAVE, I STILL HAVE ANOTHER QUESTIONS THERE.
SO STILL I'M LOOKING AT THE NOTES FROM THE INSPECTOR FROM 2017.
AND HE HAD SAID THAT HE SPOKE WITH THE OWNER.
SO I'M ASSUMING THAT WAS YOU, AND THAT YOU HAD SAID YOU WERE GOING TO REACH OUT TO THE COMMUNITY FOR HELP.
LIKE WHAT YOU'RE TELLING US TONIGHT, CHURCHES AND, AND STUFF LIKE THAT.
THAT'S UH, I FORGOT THE NAME OF THIS IT'S RIGHT BEHIND ME, RIGHT BEHIND HER, ON THE NEXT STREET.
AND I WENT TO THEM, THEY SAID, YOU KNOW, THEY SAID THEY WERE GONNA LOOK INTO IT, SEE, COULD THEY HELP ME? BUT THEY CAME BACK AND SAID HE WENT AND HE COULDN'T.
SO HOW DO WE KNOW THAT THIS TIME AROUND THAT, YOU KNOW, THINGS WOULD BE DIFFERENT.
SO WE WERE TRYING TO GET A TIMEFRAME FOR YOU.
WE DON'T WANT TO, UM, DETERMINE SOMETHING THAT YOU WON'T BE ABLE TO PULL OFF, BUT THE LAST TIME THE COMMUNITY OUTREACH DIDN'T WORK OUT.
BUT THIS TIME YOU YOU'RE CONFIDENT THAT HE MIGHT.
CAUSE THIS TIME, UM, UM, I SEE, I DIDN'T EVEN KNOW ABOUT THESE.
UM, LIKE, UH, YEAH, I DIDN'T KNOW ABOUT MEALS ON WHEELS.
I DIDN'T KNOW ABOUT THE URBAN LEAGUE.
I DIDN'T KNOW ABOUT NONE OF THOSE.
AND I, UM, I, I KIND OF CODE OFFICER POINTED THIS OUT TO ME AND I WAS GLAD THAT SHE DID.
AND SHE, WHEN SHE POINTED IT OUT TO ME, I TOLD HER I WAS GONNA GET RIGHT ON IT.
AND I, I WENT RIGHT ON IT AND, UH, AND LET THEM KNOW EVERYTHING.
AND, UM, LIKE I SAID, I WENT TO MY BANK TOO, SO I HOPE, YOU KNOW.
SO DO YOU THINK THAT YOU CAN COMPLETE THIS WORK WITHIN 60 DAYS? YES.
CAUSE I, I, I, LIKE I SAID, TAPPING TO EVERYTHING THAT, THAT I'VE BEEN DOING HERE AND, UH, YES.
SO 60 DAYS YOU THINK IS A REASONABLE TIMEFRAME.
I CAN, I CAN, I CAN WORK IN THAT.
IT WAS A FOLLOW-UP WHICH WHAT'S THE NAME OF THE BANK THAT YOU HAVE APPROACHED TO SECURE A LOAN BANK OF AMERICA? YEAH.
UM, I THINK IT'S OVER THERE IN THE HANCOCK CENTER AREA.
UM, WELL THANK YOU FOR COMING IN AND GIVING US AN UPDATE.
I JUST WANTED TO MAKE SURE I UNDERSTAND.
SO YOU'VE SPOKEN TO MEALS ON WHEELS, URBAN LEAGUE, UM, HABITAT FOR HUMANITY.
DID YOU JUST LEAVE THEM A MESSAGE OR DID YOU ACTUALLY TALK TO THEM AND DID THEY TELL YOU ANYTHING ABOUT WHAT, HOW LONG A WAIT IT MIGHT BE BEFORE YOU COULD BE HELPED? WELL, LAST, TH TH THIS ONE GUY AT THE HABITAT FOR HUMANITY, HE SAID, UM, HE SAID, IF THEY ASK ABOUT IT, THAT THE COP CALLED THEM.
AND SO THEY CAN CONFIRM WHAT I'M SAYING.
HE SAID HE WOULD, BUT, UH, YEAH, HE WAS ON HIS PHONE THAT, UH, THAT THEY CALLED ME BACK WHEN I, WOW.
SO THAT'S YOU SAY, YOU'VE JUST SPOKEN TO THAT ONE THAT HE STILL DIDN'T SAY, HE SAID YOU WERE ON THE WAIT LIST, BUT HE DIDN'T SAY, AND IT'LL BE THREE MONTHS OR TWO WEEKS OR HE DIDN'T GIVE YOU A SPECIFIC TIMELINE.
NO, HE, HE, UH, HE, HE, HE TOLD ME THAT, THAT THE SAY, IF ANYBODY ASKS TO CALL HABITAT FOR HUMANITIES AND HE WOULD TELL YOU ALL THIS.
[00:35:02]
YEAH, THAT WAS WHAT HE TOLD ME TO SAY THAT.BUT HE WOULD TELL US WHAT, JUST THAT YOU WERE ON THE WAIT LIST, HOW LONG, HOW LONG? YES.
HE HE'S EVEN, HE WOULD EXPLAIN THAT.
THAT WHEN HE TOLD HIM ALL RIGHT, SO WHAT YOU'LL KNOW, IT SOUNDS LIKE YOU'VE APPLIED FOR A LOAN AND THEY TOLD YOU, YOU WOULD KNOW WITHIN 14 DAYS, AND THEN YOU'RE, YOU SUBMITTED INFORMATION AND, YOU KNOW, YOU'RE ON THE WAIT LIST FOR HABITAT, BUT YOU DON'T KNOW THE TIMELINE FOR THAT? NO, HE, HE TOLD ME TO TELL Y'ALL TO CALL.
ANY OTHER QUESTIONS FROM THE COMMISSION? UM, I DO ACTUALLY, YES.
I HAVE A QUESTION FOR THE THIRD GARDEN.
UM, WE'VE GOT TWO STRUCTURES HERE.
UH, OH TWO AND OH FOUR AND AS OH TWO.
UH, WE ARE, UH, ALL THE, UH, CONCERNS, 72 72 0 2.
THE ONLY CONCERNS LEFT THERE WITH THE EXTERIOR SIDING AND JUST CONFIRMATION THAT THAT DOOR IS A PROPER DOOR FUNCTIONING AS INTENDED.
OTHER THAN THAT, EVERYTHING ELSE WOULD BE CLEARED.
AND, UH, I JUST HEAR THE OWNER SAY THAT THEY TOOK CARE OF THAT TODAY.
UM, SO I'M WONDERING, UM, UH, TWO OTHER COMMISSIONERS THAT, UH, UM, THERE'S A WAY TO SEPARATE THE, UH, CONCERNS ABOUT, UH, OH TWO VERSUS FOUR.
THE OWNERS MADE SUBSTANTIAL PROGRESS IN 82.
AND, UH, THAT IS A TENSION, I GUESS, ABOUT BEYOND THE 45 DAYS OR ANOTHER, UH, 15 DAYS TO 60 DAYS.
I DO HAVE, UH, SO I'M, I WANT TO SEE IF THERE'S A WAY WE CAN SEPARATE THOSE.
AND THEN I HAVE ANOTHER QUESTION FOR THE OWNERS, MR. NAME, MR. GREEN.
THOSE ARE TWO SEPARATE, OR THERE ARE TWO SEPARATE ORDERS FOR THE TWO CASES, SO YOU COULD SEE.
WE CAN CONSIDER, UM, UM, UH, ACCEPTING, UH, FAX RECOMMENDATION ON ONE AND DECLINING TO ACCEPTED ON THE OTHER.
I HAVE A QUESTION FOR THE HONOR.
SO, UM, I, I APPRECIATE WHAT YOU'VE DONE.
THE WORK YOU'VE DONE, IT'S TAKEN AWHILE.
UH, MY CONCERN ABOUT OH FOUR IS THAT I HAVEN'T SEEN A PLAN.
AND I MEAN, YOU'VE MENTIONED THAT YOU'VE TALKED TO A NUMBER OF, UM, NON-PROFITS, UM, YOU KNOW, THAT'S A GOOD COMMUNICATION, UM, UH, TO GET THINGS GOING, BUT I'D LIKE TO REALLY SEE THE PLAN, UH, HOW YOU'RE GOING TO GET THIS DONE IN 45, 60, 75 DAYS.
UH, AND THAT'S MY CONCERN NOW, I DON'T KNOW FOR SURE THAT THERE'S NO PLAN.
WELL, LIKE I SAID, IF, IF, UM, I'M, I'M, I'M REALLY, I'M THINKING ABOUT THAT, THE LOAN THAT I GET, UM, AND, UM, IF I, IF I GET THAT LOAN, THEN THERE, SIR, IF I COULD INTERRUPT YOU, UH, THAT'S STILL NOT A PLANET.
THAT'S A, THAT'S A, THAT'S A USE OF THAT.
THAT'S A FUNDING MECHANISM, UH, FOR A PLAN, BUT I THINK THERE NEEDS TO BE A PLAN.
LIKE WE'RE GOING TO GET THIS MONEY AND WE MAY NOT KNOW WHAT DAY WE'RE GETTING IT.
ONCE WE GET IT, WE'RE GOING TO DO EXPERT GETTING BIDS.
WE'RE GOING TO DO Y FOR GETTING PERMITS.
WE'RE GONNA DO, UH, WE'RE GOING TO START THIS ON NO, UH, YOU KNOW, UH, 20 DAYS PAST FUNDING, I THINK THAT'S WHERE YOU NEED TO GO WITH THIS BECAUSE, UM, THIS COULD DRAG OUT ANOTHER YEAR OR TWO.
SO I THINK, UH, PERSONALLY AS COMMISSIONER, WHAT'S THE THEME, UH, THIS PROPERTY, UH, UM, BACK IN THE COMMUNITY.
AND, UH, HAVE YOU, UH, UM, OPERATED APPROPRIATELY.
I'D LIKE TO SEE THAT, UH, HAPPENING AS SOON AS I POSSIBLY CAN.
I GET, THERE'S A LOT OF BUREAUCRACY, BUT I ALSO THINK THAT EVEN BESIDES THAT YOU CAN HAVE A PLAN OF HOW YOU'RE GOING TO ATTACK THESE ISSUES.
[00:40:03]
OKAY.SO THAT'S WHAT, THAT'S THOSE OF ALL THE COMMENTS AND QUESTIONS I HAVE FOR RIGHT NOW.
UH, MR. WYNWOOD, I HAVE ONE, ONE QUESTION, OR MAYBE IT'S KIND OF A COMMENT TOO, UM, IN THE STAFF'S RECOMMENDED ORDER STAFF IS RECOMMENDING THAT YOU WOULD ALSO GET AN ENGINEER'S REPORT, UH, TO ASSESS WHETHER YOU NEED EVEN FURTHER REPAIRS.
UM, I'M ASSUMING THIS IS, THIS IS DEALING WITH THE, UM, THE STRUCTURE AT 72 0 4, WHICH APPEARS TO BE IN WORSE, IN WORSE CONDITIONS.
SO, UM, I DON'T KNOW IF YOU'VE LOOKED INTO ENGINEERS WHO MIGHT ASSIST YOU WITH THAT, BUT THAT'S ANOTHER AREA THAT WE JUST NEEDED TO HAVE THAT ON YOUR RADAR TO, DEPENDING UPON WHAT THE COMMISSION DECIDES THIS EVENING.
CAN YOU ENGINEER ANY FURTHER QUESTIONS FOR STAFF OR FOR THE PROPERTY OWNER FROM THE COMMISSION? UH, YES.
SO A QUESTION FOR STAFF, UM, HAS, HAVE YOU BEEN IN CONTACT WITH ANY OF THE, THE HOME REPAIR ENTITIES THAT HE'S MENTIONED? I HAVE NOT.
IS THAT SOMETHING THAT I DON'T KNOW IF THAT'S SOMETHING THAT USUALLY YOU CAN DO, OR IF IT'S A REGULAR THING FOR CODE TO DO, UM, MS. MUELLER, COMMISSIONER MUELLER, THAT'S, UH, THERE'S A LIST, UH, ATTACHED TO IT'S, UH, RESOURCES THAT ARE ATTACHED TO THE NOTICE OF HEARING THAT WE SEND OUT AND WE CAN PROVIDE THEM WITH RESOURCES, BUT WE CAN'T ASSIST THEM IN FILLING OUT APPLICATIONS AND GO THROUGH THAT PROCESS.
WE JUST PROVIDE THEM WITH THE INFORMATION.
THERE'S NO, UM, YEAH, I MEAN, I JUST, WELL, I MEAN, THIS MIGHT BE A POLICY QUESTION.
IF THERE'S A WAY TO PRIORITIZE CASES THAT ARE, YOU KNOW, THAT HAVE CODE VIOLATIONS FOR GETTING ASSISTANCE, THE SUPERVISOR, OR THE BIGGEST, UH, TAKING SEVERAL CASES TO Y'ALL BEFORE.
WE DON'T GET INVOLVED IN THE PROCEDURE OF, UH, IS THERE A TRUE OWNERSHIP AND IN THE TRUE OWNERSHIP, UM, HE WOULD BE THE PERSON.
THAT'S ONE THING WE HAVE, UH, WE, WE KNOW WHAT T CAT'S SHOWING A CHURCH, BUT WE NEVER HAVE, EVEN THE TITLE SEARCH HAS NOT SHOWED HIM AS THE PROPERTY OWNER.
SO I THINK THAT IS GOING TO BE A FLAW IN THAT PROCEDURE.
UM, SO THAT MIGHT BE A DELAY DOWN THE LINE, BUT WE DON'T GET INVOLVED IN THOSE PROGRAMS. WE, WE TELL THEM TO CALL THEM, WE, WE TELL THEM TO APPLY FOR IT.
AND MANY TIMES WE'LL GET AN EMAIL FROM THESE AGENCIES, LIKE MEALS ON WHEELS.
UM, HOPE, I MEAN, ANY OF THESE PROGRAMS, HABITAT FOR HUMANITY, HAVE ONE OF THEM CALL ME, JUST GIVE ME TWO MORE WEEKS.
WE'RE GETTING THE ROOF PUT ON TOP, UH, HAVE VOLUNTEERS, BUT THERE'S, THERE'S A FOREST CAST OF RAIN, SO WE'LL WAIT, WE'LL WAIT ON THAT.
BUT AS, AS IT'S BEEN MENTIONED, WE'VE BEEN DEALING WITH THIS SINCE 2017.
SO WE WERE HERE FOR Y'ALL TO, TO YEAH.
AND IT SOUNDS LIKE, SO IT'S, IT'S NOT CLEAR WHO THE OWNER IS, WHICH WOULD BE AN IMPEDIMENT TO GETTING ASSISTANCE FROM THESE PROGRAMS. YES.
BECAUSE T CAT SHOWS STILL THAT CHURCH AS, AS BEING, SO HE, HE WOULD HAVE TO GET THAT PROPERTY CHANGE INTO HIS NAME AND IN T CAT OR THE TITLE SEARCH.
SO EVEN FOR HIM TO PULL THE PERMITS, GOING TO HAVE THAT CHALLENGE TO.
ANY FURTHER QUESTIONS FROM THE COMMISSION OR MOTIONS OR, UH, ONE MORE FOLLOW-UP QUESTION.
UM, BECAUSE YES, THAT'S A GOOD QUESTION.
SO WAS THIS ALWAYS REGISTERED, I MEAN, TITLED IN THE NAME OF THE CHURCH WHEN YOUR FATHER OWNED IT? YES, I THINK, YEAH, THAT WAS IT.
SO YOU JUST STEPPED IN AND IT WAS ALREADY THAT WAY? YEAH.
AND HOW, UM, HOW LONG AGO HAS THERE EVER BEEN LIKE A CHURCH GATHERING THERE IN ANY OF THOSE TWO BUILDINGS? UH, THE CHURCH, UM, GATHERING.
DID THAT HAPPEN IN RECENT YEARS BEFORE YOU STARTED HAVING STRUCTURAL ISSUES WITH THE BUILDINGS? YEAH.
WELL, IT USED TO HAVE CHURCH THERE, BUT SINCE IT'S HAS GOTTEN SUCH A DISREPAIR, NO, NO, NO, NO, BECAUSE IT WOULD'VE BEEN CONDITIONED AND I, I GUESS THE QUESTION MAY OR MAY NOT BE RELEVANT, BUT, UM, IS IT YOUR INTENTION WHEN YOU FIX EVERYTHING UP THAT IT WILL STILL REMAIN A CHURCH THEN OR, OH, OKAY.
[00:45:01]
OKAY.I'D LIKE TO FOLLOW UP ON COMMISSIONER GREEN'S COMMENTS ABOUT A PLAN THAT NEEDS TO BE DEVELOPED.
AND YOU ALREADY ARE, YOU SAID THAT WITHIN 60 DAYS, YOU MIGHT BE ABLE TO MAKE SIGNIFICANT PROGRESS.
I THINK WHAT WE, IF WE DO ANYTHING, WE WOULD EXPECT YOU TO COME BACK TO US WITH SOME SORT OF PLAN.
AND, AND HOW DOES THAT AFFECT THE LOAN THAT YOU'RE TAKING OUT AT THE BANK AND OTHER KINDS OF AGENCIES THAT YOU ARE REQUESTING HELP FROM? SO I THINK IT WOULD BE IMPORTANT FOR US TO CONSIDER ANY KIND OF ACTION ON OUR PART TO SEE WHAT KIND OF PLAN YOU WOULD HAVE PERHAPS BY THE NEXT MEETING.
AND THEN WE CAN MAKE AN EVALUATION BASED ON THAT, BUT IT HAS TO BE IN WRITING AND A STEP-BY-STEP WHAT NEEDS TO BE DONE.
ANY THOUGHTS ON THIS FROM THE COMMISSION? I'LL MOVE TO CLOSE THE MEETING TO THE PUBLIC.
IF YOU'D LIKE TO TAKE A SEAT, THANK YOU.
DO WE HAVE A MOTION TO CONSIDER, OR YOU WANT TO DISCUSS FIRST? WE CAN MAKE A MOTION AND THEN DISCUSS, WHICH IS KIND OF PREFERRED, BUT WE CAN DO IT EITHER WAY, UH, COMMISSIONER GREEN.
I, I, UH, I CAN MOTION THAT, UH, EXCEPT THE FINDINGS OF FACT FOR, UH, AND RECOMMENDATION WITH AN EXCEPTION, CHANGE IT FROM 45 TO 60 DAYS.
UM, AND THAT, UH, DECLINE ON, UH, EVERYTHING WASN'T 72 0 2, UH, UM, UH, THE, UH, RECOMMENDATION.
SO YOUR, YOUR MOTION IS ON 72 0 4, BASICALLY.
STAFF'S RECOMMENDED ORDER, BUT EXTEND THE TIME TO 60 DAYS FROM 45 DAYS, BUT ON 72 0 2, JUST THE STAFF'S RECOMMENDED ORDER AS IS, IS THAT YOUR MOTION? YES, MA'AM.
THANK YOU, COMMISSIONER MUELLER.
UM, YEAH, IF ANYTHING, I WOULD KIND OF LEAN MORE TOWARDS LONGER FOR 72 0 4, CAUSE IT'S GOING TO TAKE LONGER AND WE CAN GO UP TO 90 DAYS WITHOUT TRIGGERING ALL SORTS OF OTHER REQUIREMENTS.
UM, THAT'S JUST MY PERSONAL FEELING.
I DON'T KNOW HOW THE REST OF THE COMMISSION FEELS ABOUT THAT.
I WAS THINKING MY MOTION FROM 60 TO 90 DAYS.
I WAS THINKING THE SAME THING, BECAUSE IF WE'RE GOING TO NEED AN ENGINEER'S REPORT AND THEN ALSO ADD ADDITIONAL PERMITS TO DO THE, TO START, YOU KNOW, DOING THE WORK, IT IS DEFINITELY GOING TO BE MORE THAN 60 DAYS, UH, COMMISSIONER MILLER, OR WERE YOU OKAY WITH THAT AMENDMENT? THE AMENDED ORDER? YES.
YES, THE COMMISSIONER STEVEN, CAN WE ALSO MOVE, WE HEARD IN THE, IN THIS PARTICULAR MOTION THAT WE WOULD EXPECT THE OWNER TO COME BACK IN 30 DAYS WITH A DETAILED WRITTEN PLAN AS PART OF THE OVERALL, UM, ACCEPTANCE OF THIS THAT WE WOULD EXPECT HIM TO COME BACK IN 30 DAYS WITH A PLAN.
I WOULD NOT BE IN FAVOR OF THAT PARTICULARLY, UM, BECAUSE I THINK THAT'S WHAT WE'VE ASKED FOR RIGHT NOW, AND THAT DOESN'T HAPPEN, BUT HE, THE OWNER HAS SHOWN THAT HE'S WILLING TO GET AFTER IT AND MAKE REPAIRS AS HE DID ON 72 0 2.
SO, UM, THAT'S, THAT'S AGAIN, MY PERSONAL FEELINGS.
I WILL GO AHEAD AND CALL THE QUESTIONS.
SO THE MOTION IS TO ACCEPT STAFF'S RECOMMENDED ORDER FOR THE PROPERTY AT 72 0 2.
AND THEN THE MOTION ALSO IS TO ACCEPT IS TO AMEND STAFF'S RECOMMENDED ORDER FOR 72 0 4, BY EXTENDING THE TIMEFRAME TO COME INTO COMPLIANCE TO 90 DAYS.
SO ALL IN FAVOR, PLEASE SAY AYE.
AND DID ANYONE ABSTAIN DOES NOT APPEAR? OKAY, SO THAT WAS UNANIMOUS.
SO MR. WYNWOOD, THIS ORDER WILL BE MAILED TO YOU.
UM, IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH YOUR CODE INSPECTOR.
UM, MR. GARDNER, HE WILL SURELY BE WILLING TO WORK WITH YOU ON THIS.
[00:50:01]
ALLIE, WE READY TO, UM, CONSIDER ITEM NUMBER ONE.[1. Case Number: OL 2021-108357]
YES.THE FIRST CASE I WOULD LIKE TO INTRODUCE TO YOU TONIGHT, AND THIS IS NOT THE FIRST CASE, BUT IS A SHORT-TERM RENTAL APPEAL.
THE CASE NUMBER IS OLL 20 21 1 0 8 3 5 7.
IT IS THE BROWN BOOK IN THE GOOGLE DRIVE FOLDER.
THE ADDRESS FOR THIS PROPERTY IS 2 1, 2, 2 BARTON HILLS DRIVE THE OWNER OWNERS OF THE PROPERTY OR MICHELLE EADS AND ALISHA ALISHA MEESE SHAMI, AND THE APPELLANT, THE APPELLANT, MICHELLE EADS IS HERE TONIGHT TO REPRESENT THE PROPERTY.
MS. EADS, YOU MAY NOW COME FORWARD AND APPROACH THE PODIUM.
AND THIS APPEAL IS REGARDING AUSTIN CODE.
DEPARTMENT'S DENIAL OF A TYPE ONE SHORT-TERM RENTAL STR APPLICATION IN YOUR READERS.
YOU'LL FIND STAFF EXHIBITS ONE AND TWO EXHIBIT ONE CONTAINS A CONTEXTUAL, BUT CONTEXTUAL PHOTO OF THE PROPERTY.
THE OWNERS APPLICATION PACKET FOR A TYPE ONE OPERATING LICENSE, AUSTIN CODES, DENIAL LETTER, THE PROPERTY OWNER'S APPEAL LETTER AND NOTICES FOR TONIGHT'S HEARING, AS WELL AS THE REQUIRED POSTINGS.
EXHIBIT TWO CONSISTS OF SUPPORTING DOCUMENTS PERTAINING TO AUSTIN CODE'S DECISION TO DENY THE APPLICATION AND AUSTIN CODES, RECOMMENDATION LICENSING MANAGER.
LISA DEROSA IS HERE TONIGHT TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS THAT LED UP TO THE DENIAL.
MR. ROCHE, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS LISA
AND I AM HERE THIS EVENING TO TESTIFY ABOUT THE DENIAL OF A TYPE ONE SDR LICENSE FOR 2122 BARTON HILLS DRIVE CODE SECTION 25 TO 7 88 8 2 SHORT-TERM RENTAL TYPE ONE REGULATIONS REQUIRE THAT A TYPE ONE LICENSED PROPERTY IS OWNER OCCUPIED, OR IS ASSOCIATED WITH AN OWNER OCCUPIED PRINCIPAL RESIDENTIAL UNIT WHEN PROCESSING APPLICATIONS FOR SHORT-TERM RENTAL LICENSES, A FULL REVIEW OF APPLICABLE PROPERTY AND VIOLATION RECORDS IS CONDUCTED PRIOR TO THE LICENSE BEING ISSUED OR DENIED.
THESE RECORDS INCLUDE, BUT ARE NOT LIMITED TO TRAVIS COUNTY APPRAISAL DISTRICT RECORDS, STATE AGENCY RECORDS, CITY RECORDS PUBLICLY AVAILABLE PROFESSIONAL ASSOCIATION RECORDS AND SUPPORTING DOCUMENTATION SUBMITTED AS PART OF THE APPLICATION PACKET, MS.
A REVIEW OF T CAD RECORDS REVEALED THAT THE PROPERTY IS JOINTLY OWNED BY MICHELLE EADS AND ALISHA MI.
THE PROPERTY DOES NOT HAVE A HOMESTEAD EXEMPTION WITH TRAVIS COUNTY AND THE TRAVIS COUNTY APPRAISAL DISTRICTS.
OWNER'S MAILING ADDRESS FOR THE PROPERTY IS 24 0 4 PEBBLE BEACH DRIVE IN AUSTIN.
UH, A LACK OF A HOMESTEAD EXEMPTION AND A MAILING ADDRESS DIFFERENT THAN THE SITE ADDRESS ARE INDICATORS THAT A PROPERTY MAY NOT BE OWNER OCCUPIED.
WE TOOK IT A STEP FURTHER AND A SEARCH OF T CAD FOR THE MAILING ADDRESS OF THE STR LOCATION WAS CONDUCTED AND REVEALED THAT THE PROPERTY AT 24 0 4 PEBBLE BEACH DRIVE IS ALSO JOINTLY OWNED BY MICHELLE EADS AND ALISHA MI.
AND IT DOES HAVE A HOMESTEAD EXEMPTION AND THE SITE AND MAILING ADDRESSES ARE THE SAME.
OUR REVIEW OF THE HOMEOWNERS INSURANCE POLICY SUBMITTED AS PART OF THE APPLICATION PACKET SHOWS THAT THE MAILING ADDRESS FOR THE POLICY IS ALSO 24 0 4 PEBBLE BEACH DRIVE THE OWNER'S MAILING ADDRESS ON THE STR UTILIZING INFORMATION THAT WAS SUBMITTED WITH THE APPLICATION.
A SEARCH OF THE SECRETARY OF STATE'S OFFICE REVEALED THAT THE APPLICANT MISS EADS IS ALSO REGISTERED TO VOTE AT 24 0 4 PEBBLE BEACH DRIVE.
AS A RESULT OF THIS REVIEW, IT WAS DETERMINED THAT 2122 BARTON HILLS DRIVE IS NOT THE APPLICANTS OWNER, OCCUPIED PRINCIPAL RESIDENCE AS REQUIRED BY THE ORDINANCE AND THE LICENSE WAS DENIED.
THIS CONCLUDES MY TESTIMONY I'M AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
UM, CAN YOU GO AHEAD AND PULL UP THE SORRY, TECHNICAL ISSUES DUE TO FIRST TIME IN PERSON?
[00:55:06]
SO HERE WE HAVE THE T CAD FOR THE STR LOCATION, 2122 BARTON HILLS DRIVE.YOU CAN SEE THE MAILING ADDRESS ON PEBBLE BEACH DRIVE AND A LACK OF A HOMEOWNERS, UM, UH, A HOMESTEAD EXEMPTION ON IT.
NEXT HERE WE HAVE THE T CAD FOR THE 24 0 4 PEBBLE BEACH DRIVE.
YOU CAN SEE THAT THE MAILING ADDRESS AND THE SITE ADDRESS FOR THIS ONE MATCH, SAME OWNERS, AND IT DOES HAVE A HOMESTEAD EXEMPTION.
NEXT NEXT, THIS IS INFORMATION FROM THE SECRETARY OF STATE'S OFFICE SHOWING THAT MS.
NEXT, THIS CONCLUDES MY TESTIMONY STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE AND TWO, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AS WELL AS CODES, RECOMMENDATION STAFF.
ALSO THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND AFFIRM STAFF'S DECISION TO DENY THE YOUNGERS APPLICATION FOR A TYPE ONE SHORT-TERM RENTAL LICENSE, THEREBY DENYING THE APPEAL CHAIR.
UM, I THINK WE'D LIKE TO HEAR FROM MS. EADS FIRST, AND THEN WE'LL OPEN IT UP TO THE COMMISSION FOR QUESTIONS.
HI, MY NAME IS MICHELLE EADS AND I'M, WASN'T WORRIED COMING INTO THIS MEDIA HOUSE.
THEN I HEARD ALL OF THAT, SO I CAN SEE WHY I CAN SEE WHY, YOU KNOW, MY SHORT TERM RENTAL LICENSES POTENTIALLY IN, YOU KNOW, IT LOOKS LIKE IT WOULD BE IN VIOLATION, BUT, UM, IN MAY, WHENEVER OUR LONG-TERM RENTERS MOVED OUT, THAT'S WHEN I MOVED BACK IN AND I NOTICED THAT HER DOCUMENTS WERE FROM LIKE, I THINK ONE WAS FROM JULY.
I COULDN'T SEE WHEN THE, WHEN THE VOTER REGISTRATION WAS PULLED UP, BUT I, THE DOCUMENTS THAT SHE HAS A VIEWER TO RE RE PULL THEM TODAY, YOU'D PROBABLY SEE THAT, UM, MY VOTER REGISTRATION HAS CHANGED.
I CAN'T, UM, YOU KNOW, I CAN'T REALLY SAY THAT A HOMESTEAD EXEMPTION IS THE SAME AS HOMESTEAD BECAUSE, YOU KNOW, UM, JUST BECAUSE YOU LIVE SOMEWHERE DOESN'T MEAN IT'S GOING TO BE YOUR HOMESTEAD EXEMPTION.
MY, UM, MY PARTNER, ALI, UH, HE'S THE BREADWINNER.
SO OF COURSE, ANY DOCUMENTS THAT MIGHT BE IMPORTANT THAT YOU WOULDN'T WANT, UM, TO GET LOST OR NOT PAINT ARE DEFINITELY GOING TO GO TO THAT HOUSE.
UM, HE'S THE FATHER OF MY CHILDREN, BUT NOT MY HUSBAND.
UM, SO ANYWAYS, UM, WHEN OUR LONG-TERM RENTERS MOVED OUT, I MOVED BACK IN AND THEN, YOU KNOW, THAT'S KIND OF HOW I MAKE MY MONEY ON THE WEEKENDS.
IF IT GETS RENTED OUT, IF IT DOESN'T GET RENTED OUT AND THEN WE'RE THERE.
UM, YOU KNOW, SO IT'S NOT MY HOMESTEAD EXEMPTION.
ALTHOUGH I DID APPLY FOR THAT WHEN I FOUND THAT THAT THAT'S HOW THEY DID THEIR RESEARCH, THEY WANTED TO DETERMINE WHETHER OR NOT THAT WAS MY HOMESTEAD BECAUSE THEY LOOKED FOR A HOMESTEAD EXEMPTION.
SO I APPLIED FOR THAT, WHICH I THINK IS PROBABLY MORE IN OUR BEST INTEREST AS ELLIE AND I ARE STILL BUSINESS PARTNERS AND WE SHARE THESE TWO.
SO THAT MAKES A LOT OF SENSE FOR US TO DO WHAT'S, YOU KNOW, FINANCIALLY RESPONSIBLE.
BUT, UM, AS FAR AS WHERE I LIVE, THAT'S WHERE I LIVE.
UM, AND YOU KNOW, I CAN'T REALLY, I, I MEAN, MY DRIVER'S LICENSE HAS THAT ADDRESS MY VOTER REGISTRATION CARD.
I THINK IF YOU PULL IT UP, IT PROBABLY DOES.
I NEVER REALLY CHECKED IT, BUT WHEN I CHANGED MY DRIVER'S LICENSE, I THINK I CHECKED THAT BOX.
I DID HAVE A CODE ENFORCEMENT OFFICER COME TO MY DOOR, BUT I WASN'T THERE.
I WAS JUST DOWN THERE AT A TARGET.
UM, YOU KNOW, AND IT'S JUST UNFORTUNATE BECAUSE HE'S AT VALOR AND SHE'S IN DANCE AND HE'S IN SWIMMING AND HE'S IN BASEBALL.
SO WE'RE NOT THERE LIKE RANDOM, RANDOM POINTS THROUGHOUT THE DAY, BUT, YOU KNOW, THAT'S, THAT'S WHERE WE ARE.
SO THAT'S THE HOMESTEAD FOR ME AND MY KIDS.
AND IT'S NOT THE HOMESTEAD FOR ALISHA MACY'S AT PEBBLE BEACH.
AND THAT'S WHERE ALL THE MAIL GOES.
I DON'T KNOW WHY I WOULD PUT MAIL COMING TO WHERE I WOULD HAVE ANY SHORT-TERM TENANTS, BECAUSE THAT WOULD BE, I'D HAVE TO HAVE A LOCKING MAILBOX OR SOMETHING, BUT I KNOW I'M THERE ALL THE TIME.
COME BY, SEE ME, YOU WANT MY ADDRESS? UM, THAT'S I DON'T, I MEAN, I DIDN'T REALLY THINK IT WAS GOING TO BE LIKE THIS.
[01:00:01]
REALLY NEEDS IT TO BE BLACK AND WHITE, BUT THERE'S JUST A LOT OF GRAY WHEN YOU'RE DEALING WITH PEOPLE'S HOMES AND THEIR FAMILIES.I HOPE THAT YOU DON'T TAKE MY LICENSE AWAY BECAUSE I NEED IT TO PROVIDE FOR THEM.
YOU KNOW, IT'S KIND OF IN THE MAJOR POINT OF ANCHOR THAT PROPERTY SO THAT WE CAN LIMIT IT.
IF YOU DON'T STOP ME, THERE IS PROVIDING GOOD ENTERTAINMENT HERE.
UM, COMMISSIONERS, DO YOU HAVE QUESTIONS FOR THE PROPERTY REPRESENTATIVE OR FOR MR. ROACH WITH THE CITY? YES.
AND THEN I'LL GET TO COMMISSIONER, I GUESS I HAVE A QUESTION.
IF YOU'RE LIVING THERE, HOW DO YOU RENT IT OUT ON SHORT-TERM RENTALS IF YOU WERE LIVING THERE AND IT'S JUST FOR THE WEEKENDS.
I ONLY RUN IT OUT ON THE WEEKENDS AND NEVER RUN OUT DURING THE WEEKDAYS, UNLESS LIKE IT'S THANKSGIVING AND WE'RE GOING TO BE AT MY IN-LAWS YOU'RE LIVING THERE AND YOU VACATE THE PROPERTY SO YOU CAN HAVE IT AVAILABLE FOR SHORT-TERM RENTALS.
YEAH, I THINK IT'S COMMON THESE DAYS.
UM, SEVERAL OF MY NEIGHBORS DO IT.
JUST HAVE LIKE A OWNER'S CLOSET AND ONE ROOM THAT'S LOCKED AND THAT'S IT.
ACTUALLY COMMISSIONER STILL STARTED.
DID YOU HAVE A QUESTION? UH, YES.
UM, MR. LESTER, MR. ROCHE, UM, THIS ONE OF THE, A LITTLE HELP UNDERSTANDING SOMETHING IN THE, IN THE APPLICATION PROCESS, IN THE, IN THE EXHIBIT WITH THE READER AND ON MY SORT OF PDF READER, IT SHOWS, I THINK PAGE 18 OF 37, BUT IT LOOKS LIKE IT MIGHT'VE BEEN TRUNCATED, BUT IT LOOKS LIKE THERE'S A CITY FORM OF SOME KIND, AN APPLICATION FORM IS THAT, I DON'T KNOW IF YOU'RE ABLE TO SYNC UP WITH ME HERE.
I DON'T KNOW HOW TO DO A SCREEN-SHARE WITH, UH, DO YOU, YOU KNOW, ARE YOU ABLE TO FIND THE PAGE I'M REFERRING TO ACCESS TO THAT AT THE MOMENT? CAN YOU, CAN YOU PULL IT UP? I'M SORRY.
I THINK IT'S PAID TO 18 OUT OF, I GUESS IT'S A 37 PAGE EXHIBIT AND IT LOOKS LIKE THE 18TH PAGE OF EXHIBIT ONE OR TWO.
SO THE 18 PAGE ON EXHIBIT ONE.
LET ME SEE IF I PROVIDED ME THAT.
SO NOW I'LL BEAR, BEAR WITH ME NOW I'VE LOST IT.
IT, IT LOOKS LIKE, SO THE LEFT SIDE OF THE PAGE 26 MARGIN IS NOT SHOWING UP.
UM, BUT DO YOU SEE THE, DO YOU SEE THE ONE I'M TALKING ABOUT, YOU KNOW, WHICH SECTION WERE YOU ASKING ABOUT? SO IN EXHIBIT ONE IN THE, IN THE, THE BROWN BOOK IN THE READER, UM, THERE IS ON THE 18TH PAGE OF THAT.
THERE'S A, IT LOOKS LIKE A FORM APPLICATION.
AND, AND SO FOR EXAMPLE, IT HAS LITTLE, LITTLE BOXES THAT, UM, YOU KNOW, FOR A TYPE ONE VERSUS A TYPE, UM, TYPE THREE, UM, IT HAS YELLOW HIGHLIGHTING IS THIS, YES, THAT IS AN INTAKE FORM THAT STAFF FILLS OUT.
UM, WHEN THEY'RE, WHEN THEY, THIS PARTICULAR APPLICATION WAS UPLOADED THROUGH OUR AUSTIN FINANCE ONLINE SYSTEM.
AND IF YOU GO ACTUALLY TO THE NEXT PAGE, YOU'LL SEE WHAT THAT LOOKS LIKE COMING OUT OF THEIR SYSTEM.
SO TO MAKE IT A LITTLE EASIER FOR OUR INTERNAL STAFF, OUR INTAKE FOLKS WILL TRANSFER SOME OF THIS PERTINENT INFORMATION.
AND SOME OF THE RESEARCH THAT THEY DO BEFORE SENDING THE APPLICATION ONTO OUR PROCESSORS, WHO ARE THE ONES THAT DO THE DEEP DIVE REVIEWS FOR THEM.
SO THAT IS ACTUALLY AN INTERNALLY GENERATED DOCUMENT.
THAT'S A COVER PAGE FOR HER APPLICATION.
IT WAS REALLY ALMOST JUST LIKE NOTES RATHER THAN ACTUALLY YOU WOULDN'T CALL THAT PART OF THE APPLICATION PROPER IT'S NO, NO, THAT'S THE COVER PAGE THAT STAFF GENERATES AFTER RECEIVING THE APPLICATION.
SO THOSE ARE INTERNAL NOTES FOR OUR INTERNAL PROCESSES.
AND THEN, SO AT CITY CODE 25 TO 7 91, UM, THAT TH TH TO GET APPROVED, THERE
[01:05:01]
HAS TO BE A FORM APPROVED BY THE DIRECTOR.IT HAS TO BE SUBMITTED, UM, WHICH CAN INCLUDE, UH, REQUIRING I THINK UNDER B SEVEN, ANY OTHER INFO THE DIRECTOR REQUIRES.
UM, AND I WOULD, THAT, IS THAT THE FORM, IS THAT GOING TO REQUIRE WHERE THEY DECLARE, WHETHER THERE'S A HOMESTEAD EXEMPTION OR, UH, THAT SORT OF THING IS, AND DO WE HAVE A COPY OF THAT FORM HERE? OR DO WE JUST SEE THE, DO WE JUST SEE THE COMPUTER GENERATED SORT OF OUTPUT OF THAT FORM.
WE JUST SEE THE COMPUTER GENERATED.
YOU'RE SEEING EXACTLY WHAT STAFF WORKED WITH TO MAKE THAT DETERMINATION.
AND THE HOMESTEAD EXEMPTIONS ARE ONE OF THE THINGS THAT WE LOOK AT, UM, AS MENTIONED, BUT NOT, IT'S NOT THE END ALL BE ALL.
SOMEBODY CAN HAVE A HOMESTEAD AND NOT LIVE THERE.
SOMEBODY CAN NOT HAVE A HOMESTEAD AND LIVE THERE.
IT'S JUST, IT'S AN INDICATOR THAT TELLS US WHETHER OR NOT WE NEED TO DIVE DEEPER.
IT'S EVIDENCE, NOT CONCLUSIVE PROOF.
AND THEN ONE MORE, I'M SORRY, I DON'T MEAN TO HOLD UP THE WORKS HERE, BUT I THINK JUST ONE MORE, UM, I WAS GOING TO ASK, SO IN THIS PARTICULAR APPLICANT, IF SHE'S DENIED, WHAT SORT OF RECORDS, YOU KNOW, SO SUPPOSE SHE'S, YOU KNOW, I MEAN, SHE'S UNDER OATH.
I IMAGINE SHE'S, YOU KNOW, SINCERELY, IMAGINING SHE HAS CHANGED HER VOTER REGISTRATION, FOR EXAMPLE, UH, IF SHE WERE TO, IF WE WERE TO AFFIRM, UM, DOES SHE COME BACK AND START THE PROCESS ALL OVER AGAIN? OR CAN SHE COME BACK AND REVISIT? IS THERE A CASE MANAGER SHE CAN COME AND SHOW HER NEW, HER NEW VOTER REGISTRATION AND, AND TRY TO PROVE UP, UH, THE DEFICIENCIES THAT SHE FAILED TO ESTABLISH PREVIOUSLY.
I'M JUST KINDA, I'M JUST KINDA CURIOUS WHAT IT LOOKS LIKE FOR HER.
UM, IF WE AFFIRMED HER DECISION ON THAT.
SO IF YOU DENY THE APPEAL, CORRECT ME, IF I'M WRONG, UM, MISS EADS WOULD BE ISSUED THE LICENSE PROBABLY TOMORROW.
UM, IF YOU UPHOLD THE CITY, SHE WOULD ABSOLUTELY HAVE THE OPPORTUNITY TO REAPPLY.
AND I WOULD BE HAPPY TO WORK WITH HER, UM, ON THAT, THAT SEEMS TO BECOME AN OPTION PRIOR TO THIS MEETING BECAUSE THE PROCESS OF DENIAL HAD ALREADY BEGUN.
SO ONCE WE STARTED THAT PROCESS, WE HAD TO FOLLOW IT THROUGH TO THIS CONCLUSION.
BUT THIS IS UNLIKE A, WHAT IS IT? THE STR TWOS WHERE, YOU KNOW, IF YOU'RE NOT SORT OF GRANDFATHER, YOU CAN'T TELL THEM THAT, YOU KNOW, SHE, SHE HAS THE TYPE OF LICENSE SHE, SHE WANTS.
IF SHE'S DENIED, SHE CAN COME BACK AND APPLY AGAIN.
ONCE HER, HER DUCKS ARE IN A ROW, SO TO SPEAK.
SORRY, I DIDN'T MEAN TO TAKE UP SO MUCH TIME.
DID YOU HAVE A QUESTION? OKAY.
UH, I'M AT PAGE 18, THE SAME PAGE, UH, STUFF THAT WAS, AND, UH, THIS, THIS TYPE OF APPLICATION, THAT BOX TYPE ONE, THEN OVER TO THE RIGHT IS TYPE ONE APPLICATION.
ONLY ONE SELECTION IS REQUIRED TO FULFILL BACTERIA.
AND IT'S GOT A BOX FOR HOMEOSTATIC EXEMPTION, A COPY OF, UH, I DON'T RECALL WHAT THE HS AFFIDAVIT FILE WITH TRAVIS COUNTY CLERK AND THEN A VOTER REGISTRATION CARD AND MY MATCH STR ADDRESS.
AND HE SAID, WHICH ONE OF THESE ONES UP PROVIDED THAT ASHLEY, ONCE AGAIN, THAT IS THE COVER PAGE THAT STAFF USES.
THE ORDINANCE REQUIREMENT IS THAT THE PROPERTY, THE OWNER OCCUPIED AND THE CHALLENGE AS AN ORGANIZATION WAS HOW DO YOU TELL WHERE SOMEBODY LIVES? THESE WERE THREE OF THE INITIAL TOOLS THAT WE WORKED OUT WITH THE LAW DEPARTMENT TO USE AS VALIDATION OF OCCUPANCY FOR THE PURPOSES OF SHORT-TERM RENTAL LICENSING.
WHAT WE HAVE FOUND IS THAT THESE ARE INADEQUATE TO ENSURE COMPLIANCE WITH THE ORDINANCE.
AND SO WE ARE TAKING A MORE COMPREHENSIVE LOOK NOW AT DIFFERENT THINGS, BUT IF WE WERE STILL USING ONLY THESE STANDARDS, SHE WOULD NOT HAVE MET ANY OF THEM.
SHE DOES NOT HAVE THE HOMESTEAD EXEMPTION.
SHE IS STILL REGISTERED TO VOTE AT THE PREVIOUS ADDRESS.
AND SHE HAS NOT FILED AN AFFIDAVIT WITH TRAVIS COUNTY.
SO THIS LICENSE STILL WOULD HAVE BEEN DENIED.
I DID NOT HAVE ANY OF THOSE THINGS,
[01:10:02]
BUT AS SOON AS THEY TOLD ME I NEEDED THOSE THINGS, I MEAN, I GOT THEM, YOU KNOW, I MEAN, IT'S JUST TAKES ME TIME BECAUSE I'M SLOW, BUT I MEAN, YOU KNOW, FIRST YOU GET YOUR STUFF MOVED OUT AND THEN YOU GET YOUR STUFF MOVED IN AND THEN YOU GET YOUR LIFE IN ORDER.AND THEN YOU DO YOUR VOTER REGISTRATION, YOU KNOW, WHEN YOU WANT TO VOTE ON SOMETHING.
UM, YOU KNOW, BUT, UH, AS FAR AS THAT, YOU KNOW, IT ALL CAME IN, IN A TIMELY MANNER FROM MY MOVE DATE, BUT YOU KNOW, MY APPLICATION FOR THAT, AND WE, AS IT WAS GOING TO BRING ME IN MONEY, YOU KNOW, THAT OBVIOUSLY LIKE CAME, YOU KNOW, THAT'S, THAT'S BASICALLY NOW, AND THIS IS MY JOB.
SO OF COURSE PUT WHATEVER INTO IT, BUT I DIDN'T REALIZE THAT THAT WAS HOW THEY WERE GOING TO DETERMINE IF THAT WAS MY HOMESTEAD OR NOT.
AND THEY COULD JUST COME OVER FOR COFFEE AND THEN THEY CAN DETERMINE IT THAT WAY IF THEY WANT TO DO ME MUCH EASIER THAN ALL OF THIS.
BUT, UM, YEAH, I DO HAVE ALL THOSE THINGS IN ORDER NOW.
I DIDN'T BRING THEM TODAY BECAUSE I GAVE THEM TO THE CODE ENFORCEMENT OFFICER IN AUGUST WHEN I WENT TO THEIR OFFICE AND I HAD THE MEETING WITH THEM.
I DIDN'T THINK THAT I WAS GOING TO COME IN WITH A SUGGESTION TO CONTINUE ON WITH THE, I THOUGHT I WAS GOING TO COME IN TO YOUR SUGGESTION TO, OH NO, NEVERMIND.
SHE GOT HER DUCKS IN A ROW AND NOW WE'RE GOOD TO GO.
THANK YOU, COMMISSIONER FERRERA.
DID YOU HAVE A QUESTION I MIGHT GONE? YES.
SO I HAVE A COUPLE QUICK QUESTIONS, UM, FIRST FOR, UH, MR. ROCHE.
UM, SO ONE IS JUST, JUST, I'M JUST CURIOUS IS THIS IS A VERY THOROUGH INVESTIGATION.
IS THAT A PRETTY TYPICAL LEVEL OF REVIEW THAT YOU DO FOR APPLICANTS? PRETTY TYPICAL, YES.
AND THEN FOLLOWING UP ON, ON, UM, COMMISSIONER'S DUST ADS, PREVIOUS COMMENT, IF THE APPLICANT WERE TO, UH, KIND OF QUOTE UNQUOTE, GET THEIR DUCKS IN A ROW WITH THESE FORUMS AND REAPPLY, IS THERE A FEE ASSOCIATED WITH THAT? THERE IS, THERE'S ALWAYS AN APPLICATION FEE FOR NEW APPLICATION.
IN ADDITION TO THAT, THERE IS A $50 NOTIFICATION FEE THAT MUST BE PAID.
AND, UM, AS OF OCTOBER 1ST, THERE WILL BE AN ADDITIONAL $2 FEE TECHNOLOGY FEE THAT WILL BE, UM, APPLIED TO ALL NEW LICENSES.
SO AN APPLICATION TO THOSE 50, PLUS THOSE TWO, I'M SORRY, AND AN APPLICATION PLUS A NEW APPLICATION FEE, A HUNDRED IT'S, IT'LL BE THE IT'S ABOUT TO CHANGE.
SO IT'LL BE THE NEW, IT CHANGES ON OCTOBER 1ST AND IT IT'LL BE THE NEW HIGHER RATE THAT COUNCIL JUST PASSED AS PART OF THE BUDGET.
TH TH DID I JUST DO THAT 800 MAYBE? IS THAT CORRECT OR SOMETHING? I DON'T THINK IT'S A HUNDRED IT'S 590 SOMETHING.
I BELIEVE I DON'T HAVE THAT SPECIFIC ABOUT BETWEEN 600, 700, $800.
UM, AND THEN A QUESTION FOR MS. MS. EADS, UM, I GUESS HAVING HEARD KIND OF ALL THE, THE, THIS PARTICULAR CAUSE YOU, YOU KNOW, YOU, YOU SAID, UM, I THINK EARLIER YOU, YOU MADE A COMMENT ABOUT, UH, YOU KNOW, THE RULE, THE STICKLERS FOR RULES OR SOMETHING, BUT HAVING HEARD ALL OF THE CRITERIA ABOUT THE HOMESTEAD EXEMPTION AND YOUR INSURANCE AND VOTER REGISTRATION, UM, I MEAN, ARE YOU ADVERSE TO JUST DO ANY OF THOSE? AND HE DONE ALL OF THOSE.
I MEAN, UM, MR. ROSS AND SOMEONE ELSE IN THE OFFICE IS VERY NICE.
EVERYBODY'S BEEN VERY NICE AND THEY'VE TOLD ME WHAT TO DO STEP TO STEP BY STEP TO MAKE IT EASY AND GO FORWARD.
BUT LIKE SHE MENTIONED THAT THEY ALREADY STARTED THIS DENIAL PROCESS.
AND I GUESS THAT'S JUST BECAUSE THIS IS THE ORDER, RIGHT.
SO IT DOESN'T SEEM LIKE YOU JUST GOT TO KIND OF RE RE GET THOSE, ALL THOSE KIND OF RESUBMITTED AND RE VERIFIED.
AND THEN NO, I SHOULD PROBABLY JUST HAVE, LIKE, I MEAN, YEAH.
I, IF I GET DENIED, THEN I, I REAPPLY IF THAT'S OKAY, THEN, YOU KNOW, THAT'S A BUMMER BECAUSE IT COSTS A LOT OF EXTRA MONEY AND TIME AND EFFORT.
UM, UM, AND IT INTERFERES WITH OUR HOME INCOME.
UM, YOU KNOW, SOME OBVIOUSLY THAT'S FRUSTRATING, BUT I UNDERSTAND, WELL, THANK YOU.
SO, BUT, UH, BUT IF YOU COULD JUST SAY, YOU KNOW WHAT, MICHELLE'S ALREADY TAKEN THE STEPS TO MOVE FORWARD AND, YOU KNOW, I CAN SHOW YOU MY DRIVER'S LICENSE RIGHT NOW, AND YOU CAN PULL UP VOTER REGISTRATION ONLINE, EVEN THOUGH I TRIED.
NO, THAT'S NOT, THAT'S NOT WHAT YOU GUYS ARE DOING, BUT YEAH, THEY'RE EASY TO SEE.
AND I DID APPLY FOR A HOMESTEAD EXEMPTION, BUT IT DOESN'T REALLY GO INTO EFFECT UNTIL THE FIRST YEAR, BECAUSE I DIDN'T MOVE BACK UNTIL JUNE 1ST.
AND SO YOU DON'T HAVE TO BE LIVING THERE ON JANUARY.
AND EVEN IF I DIDN'T HAVE THE HOME, EVEN IF THEY DENY IT, WHICH THEY MAY,
[01:15:01]
BECAUSE I'M ONLY ONE OF THE 50% THEY MADE AN EYE THAT IT STILL SHOULDN'T BE A DETERMINING FACTOR, WHETHER OR NOT THAT IS MY HOMESTEAD OR NOT, BECAUSE I COULD HAVE 17 HOUSES IF I HAD ENOUGH MONEY, BUT ONLY ONE WOULD STILL BE MY HOME SET.EXCEPTION DOESN'T MEAN I HAVE TO LIVE IN THAT HOME.
I MEAN, ACTUALLY IF I'M 50% OWNER, LIKE ALL, HE HAS 50%, I HAVE 30% AND ONLY ONE CAN BE THE HOMESTEAD.
SO IF THEY DENY ME, THEN I'LL BE STUCK AT BURTON HILLS, HOPEFULLY WITH YOUR APPROVAL, MAKING THE MONEY ON THE WEEKENDS TO PAY FOR THE HOME.
AND IF YOU KNOW, IF NOT, AND I DON'T KNOW.
THANK YOU, COMMISSIONER MILLER.
AND IT RELATES TO THE HOMESTEAD EXEMPTION.
I THINK THIS IS A QUESTION FOR MR. ROCHE.
SO THIS SEEMS REALLY COMPLICATED BECAUSE YOU OWN THESE TWO PROPERTIES.
YOU OWN BOTH OF THEM WITH YOUR PARTNER WHO I GATHER YOU'RE SEPARATED FROM OR NOT.
SO DOES, IS THIS AFFIDAVIT SOMETHING THAT CAN SUBSTITUTE FOR THAT? ARE YOU BASICALLY SWEARING YOU THAT'S YOUR PRIMARY RESIDENCE? YES.
SO THAT WOULD THAT BE, I MEAN, IT SEEMS LIKE WE DON'T HAVE ALL THE DOCUMENTATION TODAY TO SAY YES, BUT IF SHE WERE TO DO THAT, THAT WOULD BE SUFFICIENT TO SAY, THIS IS MY HOMESTEAD.
I'M SWEARING LEGALLY UNDER OATH, THAT THIS IS MY HOMESTEAD.
AND THAT WOULD BE AN ALTERNATIVE GIVEN THE COMPLICATION OF THE PROPERTY OWNERSHIP.
I CAN'T SAY THAT DEFINITIVELY OF SOMEBODY FILES THAT AFFIDAVIT, IT'S GOING TO COUNT THAT THEY LIVE AT THAT HOUSE BECAUSE WE ARE FINDING THAT PEOPLE ARE MORE THAN HAPPY TO FILE WHATEVER PIECE OF PAPER WE ASK THEM TO FILE, TO BE ABLE TO GET THEIR STR LICENSE.
BUT I MEAN, THAT'S, BUT AGAIN, PERJURY, THAT'S WHY WE ARE TAKING A MUCH MORE HOLISTIC LOOK AT IT.
AND SO IF SHE FILES THAT AND SHE'S REGISTERED TO VOTE AT THAT ADDRESS, THEN WE'VE GOT A COUPLE OF PIECES THAT SAY, YEAH.
SO AS OF THE TIME THE INFORMATION WAS SUBMITTED, YOU KNOW, THERE WASN'T QUALIFYING, BUT SHE COULD COME BACK WITH THESE OTHER THINGS AND YOU ALL WOULD RECONSIDER THE CASE.
I LIKE TO MOVE TO CLOSE THE DISCUSSION TO CLOSE THE PUBLIC HEARING.
UH, COMMISSIONER THOMPSON, DID YOU HAVE SOMETHING TO DO? I DID, BUT I THINK WE'RE GOING TO HAVE TO VOTE ON THE CLOSING.
I DON'T THINK WE HAVE TO VOTE ON CLOSING THE PUBLIC HEARING.
NO, I WAS JUST KIND OF WONDERING WHAT IF THE EARTH WOULD FALL APART.
IF WE, AND I DON'T REMEMBER WHICH WAY WE WOULD HAVE TO VOTE EITHER TO ACCEPT OR THE APPEAL OR DENY THE APPEAL.
ONE OF THE TWO, BECAUSE I THINK EVERYTHING PRETTY MUCH IS THERE, DO YOU DO HAVE SWORN TESTIMONY AND YOU'RE BASICALLY A CONCERN.
AND MY CONCERN IS THAT SHE'S GOT TWO, A VERY ACTIVE YOUNG CHILDREN WHO COULD NEED THAT 500 OR 800 OR WHATEVER IT IS, DOLLAR TO FILE AGAIN.
UH, RATHER THAN US GOING THROUGH ALL THE OTHER, IS THIS, IS THIS EMOTION? I DON'T KNOW WHAT CRAFTING EMOTION.
UM, IT'S NO, IT'S, I'M THINKING OUT LOUD.
AND I DON'T KNOW IF I WERE GOING TO MAKE AN EMOTION, IF I WOULD NEED TO MAKE A MOTION TO, TO ACTUALLY ACCOMPLISH WHAT I WOULD LIKE TO SEE ACCOMPLISHED, WHICH IS THE, UH, IF YOU WERE TO MAKE A MOTION, YOU WOULD BE MAKING A MOTION TO DENY STAFF'S DECISION.
BECAUSE AT THE TIME WE HEARD IT MOST, IF NOT, ALL OF THE INFORMATION WAS DOCUMENTATION WAS IN THEIR HANDS.
I DON'T, I'M NOT INTERESTED IN VIOLATING CITY RULES.
ALL OF THEM, LET'S JUST, YOU KNOW, LET'S SAY RUNNING A STOP SIGN OR SOMETHING.
I COULD ADD A COUPLE OF THINGS TO THAT, IF THAT WOULD HELP AND LOOKING AT THE DOCUMENTS.
UM, WHENEVER THE CITY PULLED THE, UH, APPRAISAL DISTRICTS DOCUMENTATION, THE LAST ONE THAT I SAW WAS IN JULY OF THIS YEAR, OF COURSE, THE HOMESTEAD EXEMPTION WAS STILL ON THE OTHER PROPERTY, THE 2,404 PEBBLE BEACH.
SO IT'S VERY CLEAR THAT THE REQUIREMENTS HAVE NOT BEEN MET AND THEY WILL NOT BE MET IN SOME WAYS UNTIL JANUARY OF NEXT YEAR.
AND IN THE MEANTIME, THE, EVEN THOUGH THE SHORT-TERM RENTAL TYPE ONE MIGHT BE DENIED, THE
[01:20:01]
OWNER IS ABLE TO RENT OUT FOR LESS THAN 30 CONSECUTIVE DAYS.SO THEY STILL INCOME COULD BE GENERATED.
JUST SO YOU KNOW, WE'RE TALKING ABOUT YOUR SHORT-TERM RENTAL.
CAN I MAKE SURE SHE COULD STILL CONTINUE TO RENT IT? LET'S LET'S CLARIFY ANY RENTAL SHORTER THAN 30 DAYS IS NOT ALLOWED WITHOUT A LICENSE AND STR LICENSE, IS THAT CORRECT MR. ROACH? THAT IS ABSOLUTELY CORRECT.
I ALSO WANTED TO MENTION THAT AND NOWHERE IN THE ORDINANCE IS A HOMESTEAD OR A VOTER REGISTRATION REQUIRED.
THE REQUIREMENT IS ACTUALLY THAT THE PERSON LIVES IN THE PROPERTY AS THEIR PRIMARY RESIDENCE.
AND THOSE ARE ALL JUST TOOLS THAT WE USE TO TRY TO ESTABLISH THAT.
CAUSE WE, WE CAN'T JUST SIT OUTSIDE AND SEE IF SOMEBODY COMES HOME FOR WORK EVERY DAY.
THE ACTUAL ORDINANCE REQUIREMENT IS THAT SHE LIVES IN THE PROPERTY AS HER PRIMARY RESIDENCE.
SHE, SHE COULD RUN FOR LONGER THAN 30 DAYS.
I THINK THAT WOULD BE REALLY DIFFICULT TO DO.
SHE CAN RUN FOR SHORT, I MEAN, FOR LONGER PERIODS OR WAIT TILL JANUARY OR ANYTIME WHEN THE FILE IS COMPLETE, ACTUALLY COMPLETE.
CAUSE THE DRIVER'S LICENSE ALSO SHOWS THAT YOU DO HAVE A COPY IN HERE, BY THE WAY, IT WAS JUST UPDATED IN MAY AS WELL, SWITCH TO THIS ADDRESS.
THAT'S YOUR PRINTER TOO, RIGHT? IT WAS JUST ON, IN MAY OF THIS YEAR.
SO, YOU KNOW, WE HAVE TO JUST LOOK AT WHAT'S IN FRONT OF US.
I DON'T THINK WE CAN LOOK AT THINGS THAT ARE NOT IN FRONT OF US TODAY OR NOT YET COMPLETED.
UM, AS FAR AS THIS APPEAL GOES, DOES THAT MY CONGREGATION, I THINK W I THINK WE HAVE DETERMINED OR BEEN TOLD THAT NONE OF THOSE REQUIREMENTS AND THEY WERE NOT REQUIREMENTS, THEY WERE EVIDENCE.
AND THOSE PIECES OF EVIDENCE WERE NOT CONCLUSIVE.
AND WE DO HAVE HER SWORN TESTIMONY, UH, WHICH I TEND TO BELIEVE.
AND, UM, THEY SAID SEVERAL TIMES, YOU DON'T HAVE TO HAVE, I MEAN, WE KEEP TALKING ABOUT THE, UM, UH, WHAT WAS IT? WE WERE TALKING ABOUT THE, UH, APPRAISAL, NO HOMESTEAD EXEMPTION.
AND THEY'VE SAID SEVERAL TIMES, UNLESS MY EARS NEED WASHING OUT, WHICH THEY PROBABLY DO ANYWAY.
UH, THEY DO NOT HAVE, UH, CONCLUDE.
AND THERE'S A LOT OF WAYS TO GET EVIDENCE BESIDES THOSE THINGS, BUT THEY'RE CERTAINLY A GOOD START, BUT ONE OF THEM NOT BEING CORRECT, ESPECIALLY WHEN YOU HAVE A FILE FOR SOMETHING WITH THE CITY AND IT DOES IT COME IN, IT'S KIND OF LIKE YOUR INSURANCE SIGNS WHEN YOU CHANGE INSURANCE COMPANIES, IT'S NOT, MIGHT NOT BE UNTIL NEXT MONTH OR NEXT YEAR OR SOMETHING LIKE THAT, YOU KNOW? UH, AND SHE'S DONE ALL SHE CAN DO THIS YEAR.
SO I WOULD KIND OF THINK, THINK, UM, AND WHICH WAY DID YOU SAY, UM, THE DENYING THE APPEAL THEN I ESTABLISHED STAFF RECOMMENDATION.
DO WE HAVE TO COME UP WITH ANOTHER RECOMMENDATIONS JUST FOR CLARIFICATION? UM, IT WOULD NEED TO BE, IF YOU'RE GOING TO, UM, DENY, IF YOU'RE GOING TO ACCEPT STAFF'S RECOMMENDATION, THEN YOU WOULD DENY THE APPEAL.
AND IF YOU'RE GOING TO DENY STAFF RECOMMEND PATIENT, YOU'RE NOT GOING TO FOLLOW, UM, THEN YOU WOULD NEED TO ACCEPT THE APPEAL.
THAT SOUNDS BACKWARDS, BUT I KNOW, I KNOW WHAT THEY'RE TALKING ABOUT.
DO YOU WANT, OR ARE YOU TRYING TO CRAFT A MOTION? I THINK WE COULD.
I THINK I WOULD CRAFT IT BACKWARDS.
DO YOU WANT TO PUT YOURS INTO EMOTION WHILE I'M SURE WE'D LIKE TO, BUT I DON'T KNOW IF I GOT THE WORD.
I REALLY BELIEVE WHAT YOU'RE TRYING TO SAY IS YOU MOVE THAT, WE ACCEPT THE APPEAL, WHICH MEANS THAT WE WOULD BE DENYING STAFF'S DECISION TO DENY THAT THE TYPE ONE SHORT-TERM RENTAL.
AND I WOULD ALSO SAY THAT FROM THE, FROM THE, UH, CONVERSATIONS AND TENOR OF THE STAFF, THEY ARE SAYING, WHAT IS TRUE AND CORRECT YET.
THEY'RE NOT, THEY DON'T FEEL LIKE THEY WERE BEING BETRAYED.
SO I DO MOVE THAT THE STAFF'S RECOMMENDATION BE DENIED IF I'M SAYING IT RIGHT.
[01:25:01]
I GUESS, SINCE WE'RE ON THE DISCUSSION PHASE, I JUST WANTED TO OFFER A FEW THOUGHTS.UM, YOU KNOW, I CERTAINLY FEEL FOR MSI, UH, YOU KNOW, JUST SORT OF COMMONSENSICAL ABOUT, WELL, THIS, THIS IS THE ADDRESS ON MY DRIVER'S LICENSE.
AND I KNOW THAT I SLEEP HERE MONDAY THROUGH FRIDAY AND, AND, UH, YOU KNOW, RENT THE PLACE OUT ON THE WEEKENDS AND SO FORTH.
AND, AND SHE CERTAINLY DOESN'T HAVE THE LOOK AND FEEL OF A, YOU KNOW, A CORPORATE ENTITY OR, YOU KNOW, SOMEONE WHOSE LAST NAME IS LLC.
WHO'S BASICALLY A DE FACTO HOTEL.
YOU'RE MASQUERADING AS A, AS A NEIGHBORHOOD.
AND SO ALL OF THESE THINGS, AND, AND I REALIZED THAT THE, UH, SIX TO $700, BUT IT WOULD START HER BACK TO HAVE TO START THIS PROCESS AGAIN FROM SCRATCH IS NOT NECESSARILY DIMINIMOUS.
I MEAN, THAT'S, YOU KNOW, THAT NOBODY WANTS TO PART EASILY WITH SIX OR $700.
IT'S IT'S UM, UM, BUT YOU KNOW, WEIGHING AGAINST THAT.
UM, I THINK THAT THE ORDINANCE IS PRETTY CLEAR THAT WE DON'T WANT YOU TO LIVE IN ONE PLACE AND STR ANOTHER, UH, UNDER THE, THE FIGHT, WHAT MY SONS, YOU KNOW, AND SO EVEN IF YOU'RE JUST, YOU KNOW, ONE PERSON OR A FAMILY, AS OPPOSED TO, YOU KNOW, A BIG EVIL CORPORATION, YOU KNOW, IT, IT STILL GOES AGAINST THE LETTER AND SPIRIT OF THE ORDINANCE.
IF YOU'RE DOING THAT, UM, THE TOOLS THAT STAFF HAVE TO EVALUATE, WHETHER THEY THINK THAT'S GOING ON ARE NECESSARILY LIMITED.
AND I THINK THAT THERE IS A CERTAIN LOGIC TO THE TOOLS UPON WHICH THE CITY HAS SETTLED IN MAKING THIS DETERMINATION.
I THINK THAT IF YOU HAVE AN OWNERSHIP INTEREST IN A PROPERTY AND YOU PUT IT ON YOUR DRIVER'S LICENSE, THEN YOU'RE NEVER REALLY GOING TO GET MANY KINDS OF TROUBLE FOR THAT.
IF YOU, EVEN IF YOU DON'T LIVE THERE, BECAUSE THERE'S NO ONE ELSE WHO IS A CONTENDER TO LIST THAT PROPERTY ON THEIR DRIVER'S LICENSE.
WHEREAS WHEN YOU START LOOKING AT SOME OF THE OTHER DOCUMENTATION, THAT'S DESIRED IN SCREENING THESE APPLICANTS, THERE'S A LITTLE BIT MORE HEFT, YOU KNOW, NO TWO PEOPLE CAN BOTH HAVE THE SAME PROPERTY LISTED AS THEIR HOMESTEAD EXEMPTION, OR THAT'S GOING TO FLAG.
UM, YOU CAN PRESUMABLY GET IN TROUBLE IF YOU'RE, YOU KNOW, VOTING IN A PLACE FOR YOU TO LIVE.
AND WHAT WE HAVE HERE IS AN APPLICANT WHO'S COME FORWARD WITH PRECISELY NONE OF THE DOCUMENTATION THAT, UM, HAS BEEN DEEMED, UH, EVIDENCE ACCEPTABLE FORMS OF EVIDENCE IN THIS PROCESS.
AND SO I HAVE TO ADMIT THAT I WOULD BE RELUCTANT TO JUST SORT OF, YOU KNOW, TAKE PITY AND TAKE, TAKE, TAKE HER AT HER WORD.
NOT THAT I, NOT THAT I DOUBT HER WORD, BUT, BUT, UH, JUST IN TERMS OF, UM, DECIDING LIKE CASES ALIKE, YOU KNOW, THERE ARE OTHER APPLICANTS COMING THROUGH, UM, WHOSE APPLICATIONS ARE BEING DENIED FOR THE SAME REASON THAT IS THAT THEY CAN'T TO THE SATISFACTION OF THE CITY ESTABLISHED THAT THEY LIVE IN A PLACE THAT THEY'RE, THEY'RE GOING TO STR UNDER TYPE ONE.
UM, AND, AND I, I'M JUST, I'M NOT, I'M NOT HEARING WHY WE SHOULD TREAT THIS APPLICANT DIFFERENTLY.
AND SO THAT, THAT'S SORT OF WHERE MY THOUGHTS AND CLIENT WITH THE MOMENT, I CERTAINLY UNDERSTAND, UH, COMMISSIONER THOMPSON, SEDIMENTS, AND SO FORTH, BUT I JUST, I SORT OF WANTED TO PUT THAT OUT THERE FOR DISCUSSION AS LONG AS WE'RE DISCUSSING.
SO I THINK YOU'VE GOT I'M SURE.
SO I BELIEVE WE ACTUALLY HAVE EMOTION.
YOU NEED TO TURN YOUR MICROPHONE ON.
CAN YOU CLARIFY THE MOTION AGAIN? YES.
DO YOU WANT TO TRY COMMISSIONER THOMPSON OR SHALL I, YES.
I THINK IT'S JUST THAT THE, UH, MY BACKGROUND THOUGHTS ARE THAT NONE SHE HAS NOT FAILED TO PRODUCE ANYTHING THAT IS UH, CALLED FOR IN THE ORDINARY.
WE'RE ACTUALLY WONDERING WHAT, WHAT THE ACTUAL EMOTION IS THAT MORE AND MORE UNDER THAT TOO? UH, I THINK IT WAS TO, UH, DENY, UH, DENIED THE MOTION.
SO YOU, SO YOUR, YOUR MOTION WAS TO ALLOW THE APPEAL, WHICH WOULD THEN DENY STAFF'S RECOMMENDED DENIAL OF THE TYPE ONE STR LICENSE IN EFFECT.
IT WOULD, IT WOULD ALLOW THE APPLICATION FOR A TYPE ONE STR LICENSE TO BE APPROVED IS WHAT YOUR MOTION WOULD DO.
THAT, THAT IS MY DESIRE IF I'M SAYING IT RIGHT, BECAUSE IT IS VERY CONFUSING.
I THINK THAT'S THE SIMPLEST, RIGHT? THE MOTION IS TO ACCEPT THE, EXCEPT THE APPEAL EXCEPT THE APPEAL.
UH, DO WE NEED TO DISCUSS THIS FURTHER OR SHALL I CALL THE QUESTION ON THIS? ANY FURTHER DISCUSSION I CALL FOR THE ROVER SOME DISCUSSION.
[01:30:01]
REASON I WOULD BE AGAINST IT IS BECAUSE W W WHAT WE'RE GOING TO DO, IN MY OPINION, WE'RE GOING TO OPEN UP A KIND OF WARM AND WE'RE GOING TO MAKE IT HARD FOR, UH, UH, FOR THE C IN, IN REGULATING, UH, THIS CHAPTER LICENSES.AND, UH, I THINK THAT THE, UH, RULES AND REGULATIONS ARE PRETTY CLEAR.
I DON'T THINK THERE WERE INVITED TO, AND, UH, I THINK THAT THE APPEAL SHOULD BE DENIED.
AND, UM, I ALSO WANTED TO ADD THAT.
I THINK, UM, COMMISSIONER STILL SAID REALLY SUMMED IT UP VERY WELL BECAUSE WE HAVE TO HAVE GUIDELINES IN PLACE.
THERE HAS TO BE FAIR ENFORCEMENT, NOT A DIFFERENTIAL, THAT THEY CANNOT BE DIFFERENT TREATMENTS OF DIFFERENT PEOPLE, SO THAT THE PUBLIC HAS TO KNOW WHAT TO EXPECT IF THEY WOULD BRING SOMETHING LIKE THIS TO THE COMMISSION.
SO, UM, IF WE START OPENING THE DOOR THAT WAY, THEN WE'LL HAVE TO DO THE SAME FOR OTHER PEOPLE THAT COME BEFORE US THAT DIDN'T QUITE MEET THE, UM, GUIDELINES IF YOU WANT TO CALL THEM THAT.
AND THE MAIN REASON WHY THE HOMESTEAD EXEMPTION IS IMPORTANT AS MISS EADS HERSELF MENTIONED, IS YOU CANNOT HAVE A HOMESTEAD IN TWO PLACES AT ONCE HERE IN THE STATE OF TEXAS.
SO, UM, GENERALLY SPEAKING, YOU WOULD HAVE THE HOMESTEAD WHERE YOU'RE LIVING AND IT'S IN ORDER TO QUALIFY FOR THAT HOMESTEAD EXEMPTION, YOU WOULD HAVE TO PRETTY MUCH SAY THAT YOU LIVE THERE.
SO I THINK THE CITY WAS WITHIN ITS RIGHTS TO ASSUME THAT, UH, THE APPLICANT LIVED AT THE OTHER ADDRESS AND EVERYTHING ELSE WAS CONSISTENT AT THAT TIME.
SO WE HAVE TO BE CAREFUL TO MAKE SURE WE'RE NOT, UM, AND FORCING ON EVENLY, I SUPPOSE.
SO I WOULDN'T, I WOULDN'T BE IN SUPPORT OF DENYING STAFF'S RECOMMENDATIONS OR COMMISSIONER GREEN.
I'M GOING TO ALSO SUPPORT THE POINT OF VIEW THAT COMMISSIONER, THOSE BAD HEAD AS WELL.
UM, UH, AND OTHER COMMISSIONER.
AND, UH, I RECOGNIZE THAT, UH, THERE'S A, THERE'S A BUSINESS USE CASE FOR PEOPLE.
WELL, PLACES LIKE AUSTIN AND PORTLAND, OREGON, WHENEVER, UH, RIGHT THERE, UH, THEIR HOMES OUT ON THE WEEKENDS AND FIGURE OUT A WAY TO MAKE IT OVER.
BUT, UH, ONCE AGAIN, UH, APPARENTLY SOME OF THE BASIC DOCUMENTATION IS NOT HERE.
AND, UM, THE, UH, UH, THE PLAINTIFF HERE COULD COME BACK, UH, AFTER THESE, UH, CERTIFICATIONS ARE VALIDATED, UM, IT'S, UH, IDENTITY AND ACCESS MANAGEMENT IS IMPORTANT, UM, REQUIREMENT IN ANY SYSTEM.
AND RIGHT NOW THE REQUIREMENTS AREN'T BEING MADE MET.
SO I, I, UH, UM, WOULD, UH, SUPPORT THE STAFF'S FUNDING THE BACK IN THEIR RECOMMENDATION COMMISSIONER FOR, WELL, I UNDERSTAND THESE POINTS, BUT WHAT I SEE HERE IS, YOU KNOW, THE ORDINANCE IS THE QUOTE THAT'S PROVIDED FOR US, I THINK ON PAGE FOUR OF 37.
SO IT HAS TO BE OWNER-OCCUPIED, IT'S TRUE.
BUT THEN ON PAGE 18, WHICH IS THE INTAKE FORM, IT JUST HAS THESE THREE CRITERIA.
I DO UNDERSTAND WHY, YOU KNOW, THE CITY'S REASONS FOR WHY THEY DO WITH THIS ADDITIONAL INVESTIGATION, BUT AT LEAST IN WHAT WE'VE SEEN, AND THERE MAY BE ANOTHER ORDINANCE, OR MAYBE SOMEWHERE ELSE THAT THAT'S BEEN TRUNCATED AND NOT PROVIDED.
IT SAYS THAT, YOU KNOW, IT'S NOT JUST THESE THREE, THERE CAN BE ADDITIONAL CRITERIA, IT'S UP TO THE DIRECTOR, ET CETERA, ET CETERA, PERFORMANCE CITIZENS' POINT OF VIEW.
THAT'S THE LANGUAGE OF THE ORDINANCE.
AND IF ONE OF THESE THREE, IF IN THIS CASE, THE VOTER REGISTRATION CARD HAS BEEN UPDATED TO INDICATE THIS IS THEIR ADDRESS THAT'S, WHAT'S BEING ASKED FOR, RIGHT? IT'S NOT SAYING THERE'S THIS EXHAUSTIVE INVESTIGATION.
IF WE BELIEVE THAT THAT'S WHAT SHOULD HAPPEN, THEN IT SHOULD BE SPELLED OUT.
SO, ANYWAY, I UNDERSTAND EVERYONE ELSE'S REASONING, BUT THAT'S JUST HOW I SEE IT.
I THINK THERE NEEDS TO BE CLEAR COMMUNICATION.
I'VE BEEN IN THE OTHER SEAT WHERE YOU'RE DEALING WITH WITH GOVERNMENTAL ENTITIES, AND IF IT'S NOT SPELLED OUT, CLEARLY IT CAN, IT CAN BE FRUSTRATING.
UM, I AM REALLY LEANING TOWARDS CALLING THIS QUESTION UNLESS YOU HAVE SOMETHING NEW TO ADD.
I JUST WANT TO CLARIFY WITH MS. LAROUCHE THAT THE HOMESTEAD EXEMPTION IS NOT A REQUIREMENT.
IT'S JUST ONE PIECE OF EVIDENCE THAT SAYING THAT SHE LIVES THERE BY SHOW SHE HAS A DRIVER'S LICENSE OR A VOTER REGISTRATION IS ALSO PROOF THAT SHE IS LIVING THERE, CORRECT? THE ORDINANCE LANGUAGE IS JUST THAT THE HOUSE BE OCCUPIED BY THE OWNER.
UM, AND SO THE HOMESTEAD EXEMPTION SAYS NOTHING ABOUT HOMESTEAD, EXEMPTION, NOTHING ABOUT VOTER
[01:35:01]
REGISTRATION, NOTHING ABOUT AFFIDAVITS.THESE WERE ALL TOOLS THAT WE DEVELOPED OVER TIME AS A WAY TO FIND AN EQUITABLE WAY TO DETERMINE WHETHER OR NOT SOMEBODY LIVES THERE.
UM, AND, AND, UH, COMMISSIONER FERRERA THAT PAGE, THAT FRONT COVER PAGE, THAT'S NOT A CUSTOMER PAGE.
THE CUSTOMERS DO NOT SEE THAT THAT IS AN INTERNAL STAFF PAGE, AND THEY CHECK THOSE BOXES AS AN INDICATOR TO THE PERSON THEY'RE GOING TO HAND IT OFF TO WHO IS GOING TO DO THE THOROUGH REVIEW.
THAT THAT'S HOW THIS PERSON IS ATTEMPTING TO VALIDATE THEIR OCCUPANCY AT THE STR PROBLEM.
I APPRECIATE THAT CLARIFICATION.
YES, COMMISSIONER THOMPSON, IF IT IS ADDING SOMETHING NEW THAT WE HAVE NOT YET HEARD, BABY, I GUESS I'M JUST CONCERNED THAT, UH, WE ARE SHOWING TOO MUCH CONCERN OVER THE CITY GETTING ANOTHER 600 BUCKS.
I AM GOING TO CALL THE QUESTION AND I WILL, I WILL CALL IT ON ROLL CALL.
CAUSE I SUSPECT WE WILL BE DIVIDED HERE.
UM, THE QUESTION WILL BE, WILL YOU GRANT THE APPEAL? WHICH MEANS THAT THE STAFF'S RECOMMENDATION WOULD BE DENIED, WHICH MEANS THAT THE HOMEOWNERS, UH, APPLICATION FOR A TYPE ONE STR COULD BE APPROVED.
SO, UH, COMMISSIONER THOMPSON, DO YOU, DO YOU VOTE TO GRANT THE APPEAL? I THINK SOME TOO.
FROM WHAT YOU'VE BEEN SAYING? YES.
HE SAID I VOTE AGAINST, OH, YOU VOTED AGAINST, OKAY.
AND WHAT ACCEPTS TUFTS RECOMMENDATIONS.
UH, I CHAIR FREIBERGER WOULD VOTE FOR HOLDING, UPHOLDING THE APPEAL COMMISSIONER SEELIG.
I REMEMBER VOTING IN FAVOR OF THE APPEAL AND TO DENY THE STUFF RECOMMENDATION.
THANK YOU, COMMISSIONER FERRERA.
I'M VOTING AGAINST THE APPEAL.
AND COMMISSIONER
UM, YOU DON'T HAVE YOUR MICROPHONE ON THANK YOU.
I'M VOTING AGAINST THE APPEAL.
SO THE I'M SORRY, I'VE LOST COUNT, BUT I KNOW WE DID NOT HAVE ENOUGH VOTES TO UPHOLD THE APPEAL.
SO THE APPEAL APPEAL HAS BEEN DENIED, WHICH MEANS, UM, YOU WOULD NEED TO REAPPLY FOR THE TYPE ONE STR LICENSE.
AND WE THANK YOU FOR COMING AND TALKING WITH US THIS EVENING.
UM, AND, UH, WE, WE WISH YOU THE BEST OF LUCK.
DID YOU COMMISSIONER THOMPSON? DID YOU HAVE SOMETHING? WAS YOUR MICROPHONE.
I KNOW WE WERE COUNTING AND I'M SURE YOU COUNTED.
BUT I THOUGHT WE HAD SEVEN PEOPLE HERE AND I WAS THINKING THERE WERE FOUR THAT VOTED, WELL, WE WOULD, WE WOULD HAVE TO HAVE SIX TO UPHOLD THE APPEAL.
TO UPHOLD IT BECAUSE IT'S, IT'S AN APPEAL OTHER, SO IF THE FIELD DOESN'T PASS, THEN WE JUST REVERTS BACK TO THE DENIAL OF THE LICENSE, SO, OKAY.
THERE'S TWO THERE'S SEVEN HERE AND THERE.
THERE'S TWO OTHER THAN WELL, IT'S ONLY SEVEN HERE.
I'LL GO BACK TO FIRST GRADE COORDINATOR, ELLIE.
UH, I'D LIKE TO MOVE ON TO THE NEXT APPEAL, PLEASE.
[2. Case Number: OL 2019-038863]
ON THE AGENDAS AND OTHER SHORT-TERM RENTAL APPEAL.THE ADDRESS FOR THIS PROPERTY IS 3, 2 3 0 2 1 EAST 13TH STREET.
THE CASE NUMBER IS OH, WELL TWO, 2019 0 3 8 8 6 3.
IT IS THE PURPLE BOOK IN THE GOOGLE DRIVE FOLDER.
THE PROPERTY IS OWNED BY 1720 WEST ANDERSON LANE, LLC AND BLAINE TUCKER.
THE APPELLANT BLAINE TUCKER IS BEING REPRESENTED BY HIS AGENT, VALERIE GRAY AND IS APPEALING AUSTIN CODE SUSPENSION OF THE SH TYPE ONE SHORT-TERM RENTAL LICENSE FOR THIS PROPERTY AND YOUR READERS.
YOU WILL FIND THE FOLLOWING STAFF'S EXHIBITS ONE AND TWO EXHIBIT ONE CONTAINS
[01:40:01]
A CONTEXTUAL PHOTO OF THE PROPERTY.THE OWNERS APPLICATION PACKET FOR A TYPE ONE OPERATING LICENSE, AUSTIN CODES, NOTICE OF SUSPENSION, THE PROPERTY OWNER'S APPEAL LETTER AND THE NOTICES FOR TONIGHT'S HEARING AS WELL AS THE REQUIRED POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF SUPPORTING DOCUMENTS PERTAINING TO AUSTIN CODE'S DECISION TO DENY THE, TO SUSPEND THE LICENSE AND AUSTIN CODES, RECOMMENDATION, UH, LICENSING MANAGER, LISA DEROSA IS HERE TONIGHT TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS THAT LED UP TO THE SUSPENSION.
MR. ROCHE, PLEASE BEGIN YOUR TESTIMONY, SALLY.
MY NAME IS LISA
I AM HERE THIS EVENING TO TESTIFY REGARDING THE SUSPENDED LICENSE FOR 30 21 EAST 13TH STREET CODE SECTION 25, 2 7 88 82 SHORT-TERM RENTAL TYPE ONE REGULATIONS REQUIRES THAT A TYPE ONE LICENSED PROPERTY IS OWNER OCCUPIED OR ASSOCIATED WITH AN OWNER OCCUPIED PRINCIPAL RESIDENCE.
WHEN PROCESSING APPLICATIONS FOR SHORT TERM RENTALS, A FULL REVIEW OF APPLICABLE PROPERTY AND VIOLATION RECORDS IS CONDUCTED PRIOR TO THE LICENSE BEING ISSUED OR DENIED OR SUSPENDED.
THESE RECORDS MAY INCLUDE, BUT ARE NOT LIMITED TO TRAVIS COUNTY APPRAISAL DISTRICT RECORDS, STATE AGENCY RECORDS, CITY RECORDS PUBLICLY AVAILABLE PROFESSIONAL ASSOCIATION RECORDS AND SUPPORTING DOCUMENTATION SUBMITTED AS PART OF THE APPLICATION PACKET.
THIS TYPE ONE OPERATING LICENSE WAS INITIALLY ISSUED IN 2019, AND IT WAS RENEWED IN 2020.
AND AGAIN, IN 2021, MY APOLOGIES, THIS TYPE ONE OPERATING LICENSE WAS INITIALLY ISSUED IN 2019 AND WAS RENEWED IN 2020.
AND AGAIN, IN 2021, THE PROPERTY IS JOINTLY OWNED BY 1720 WEST ANDERSON LANE, LIMITED LIABILITY CORPORATION AND INDIVIDUAL BLAINE TUCKER.
AND IT DOES HAVE A HOMESTEAD EXEMPTION WITH TRAVIS COUNTY BASED ON REPEATED COMPLAINTS AT THE LOCATION, INCLUDING REPORTS THAT THE OWNER DOES NOT OCCUPY THE PROPERTY AS REQUIRED BY THE ORDINANCE AND ADDITIONAL REVIEW OF RECORDS RELATED TO OWNER OCCUPANCY WAS INITIATED BY ME ON APRIL 1ST OF THIS YEAR, BECAUSE THE TECHNICAL REQUIREMENTS FOR THE LICENSE HAD BEEN MET IN PREVIOUS YEARS, THE LICENSE WAS RENEWED WHILE THE INTERNAL REVIEW TO VALIDATE OCCUPANCY WAS ONGOING UPON COMPLETION OF THE REVIEW.
IT WAS DETERMINED THAT 30 21 EAST 13TH STREET IS NOT MR. TUCKER'S PRIMARY OWNER OCCUPIED RESIDENCE, AND THAT MR. TUCKER LIVES AND WORKS IN SAN ANTONIO, TEXAS.
I WOULD ALSO LIKE TO TAKE A MOMENT TO REMIND THE COMMISSIONERS THAT LIMITED LIABILITY CORPORATIONS IN AND OF THEMSELVES ARE INELIGIBLE FOR TYPE ONE LICENSES BECAUSE THEY DO NOT POSSESS THE CORPOREAL BODY THAT IS NECESSARY TO OCCUPY THE PROPERTY.
WE COULD START THE SLIDES, PLEASE.
WE HAVE A TIMELINE OF THE LICENSE, ISSUANCE AND RENEWALS.
OH, THIS IS THE T CAD FOR THIS PROPERTY.
THIS IS NOT THE CORRECT T CAT.
CAN WE GO TO THE NEXT ONE? NO BACKUP.
WELL, IN YOUR READERS, YOU WILL FIND THE T CAD FOR THIS PARTICULAR PROPERTY TO VALIDATE THE OWNERSHIP OF 1720, UH, ANDERSON LANE, LLC AND MR. BLAINE, TUCKER, AND VALIDATE THAT IT DOES HAVE A HOMESTEAD EXEMPTION, BUT YOU
[01:45:01]
WILL ALSO SEE THAT THE MAILING ADDRESS FOR THE PROPERTY IS 3,300 BEE CAVE ROAD.SO AGAIN, WE HAVE A PROPERTY WHERE THE MAILING ADDRESS FOR IT IS DIFFERENT THAN THE SITE ADDRESS, WHICH WOULD ALSO BE THE SHORT-TERM RENTAL ADDRESS.
THAT IS A COMMON THING THAT WE LOOK FOR WHEN WE'RE LOOKING FOR OCCUPANCY VALIDATION, WE DID DO A SEARCH OF T CAD FOR 3,300 BEE CAVE ROAD, WHICH IS THE MAILING ADDRESS FOR THIS SHORT-TERM RENTAL.
AND THAT PROPERTY IS OWNED BY WESTBANK MARKET LP.
AGAIN, ANOTHER INDICATOR THAT THIS WOULD NOT BE AN OWNER OCCUPIED PROPERTY, UTILIZING INFORMATION SUBMITTED WITH THE APPLICATION, A SEARCH OF THE TEXAS SECRETARY OF STATE'S OFFICE WEBSITE VOTER INFORMATION REVEALED THAT MR. TUCKER IS CURRENTLY REGISTERED TO VOTE AT 1 3 1 1 0 PARK MAINER STREET IN SAN ANTONIO, TEXAS.
THIS IS VALID FROM JANUARY 1ST, 2020, BUT THE EFFECTIVE DATE OF THE REGISTRATION WAS JULY OF 2013 PRIOR TO THE INITIAL LICENSE BEING ISSUED.
MR. TUCKER HAS AN ACTIVE LAW LICENSE IN THE STATE OF TEXAS THAT IS REGISTERED WITH THE STATE BAR OF TEXAS.
A SEARCH OF THE STATE BAR OF TEXAS REVEALED THAT MR. TUCKER'S LAW PRACTICE IS LOCATED AT 30 15 SAN PEDRO AVENUE IN SAN ANTONIO, TEXAS.
THIS INFORMATION FROM THE STATE BAR WAS MOST RECENTLY UPDATED IN NOVEMBER OF 2020.
NEXT SLIDE SEARCH OF S O S DIRECT TEXAS.
SECRETARY OF STATE RECORDS REVEALED THAT IN 2015, MR. TUCKER WAS NAMED AN OFFICER OF BLUE WATER PARTNERS, A SAN ANTONIO CORPORATION LOCATED AT THAT TIME AT 1212 EAST EUCLID AVENUE IN SAN ANTONIO.
NEXT ONE MORE, ONE MORE BLUE WATER PARTNERS INTERN OWNS A BUSINESS CALLED THE MIX, A LIVE MUSIC VENUE THAT IS LOCATED AT 2 4, 2 3 NORTH ST.
MARY IN SAN ANTONIO, TEXAS, AS RECENTLY AS THE 2020 TEXAS FRANCHISE TAX PUBLIC INFORMATION REPORT.
THIS IS A COPY OF THAT REPORT.
YOU CAN SEE THAT MR. TUCKER REMAINS A PARTNER IN THE SAN ANTONIO CORPORATION AND HIS MAILING ADDRESS LISTED ON THIS TAX FILING IS 2 20 15 SAN PEDRO AV SUITE 2 0 1, WHERE THE STATE BAR ALSO LISTS HIS LAW PRACTICE AS A RESULT OF THE PREPONDERANCE OF EVIDENCE THAT MR. TUCKER LIVES VOTES PRACTICES LAW AND OPERATES A LIVE MUSIC VENUE IN SAN ANTONIO.
IT WAS DETERMINED THAT 30 21 EAST 13TH STREET IN AUSTIN IS NOT OWNER OCCUPIED OR ASSOCIATED WITH AN OWNER OCCUPIED PRINCIPAL, RESIDENTIAL UNIT AS REQUIRED BY THE ORDINANCE.
AND AS A RESULT, THE LICENSE WAS SUSPENDED UNDER CODE SECTION 1, 3 0 7, LICENSED SUSPENSION.
I AM AVAILABLE FOR QUESTIONS STAFF, THE COMMISSION STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE AND EXHIBIT TWO STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND AFFIRMED STAFF'S DECISION TO SPEND THE TYPE ONE TYPE ONE SHORT TERM RENTAL LICENSE FOR THIS PROPERTY CHAIR.
UM, I THINK AT THIS TIME WE'D LIKE TO HEAR FROM MR. TUCKER, GOOD EVENING.
UH, MY NAME IS MATT WILLIAMS AND I'M A LAWYER HERE IN AUSTIN.
UM, AND I'M THE LAWYER FOR MR. TUCKER AND MR. TUCKER'S POWER OF ATTORNEY, WHICH IS HIS SISTER.
SO HIS SISTER, VALERIE GRAY IS A, IS SHE'S ALSO A WITNESS FOR US.
AND, UM, WE'LL PROVIDE, INSTEAD OF, UH, THIS SORT OF EVIDENCE, WE'RE GOING TO PROVIDE SOME DIRECT EVIDENCE THAT THIS IS IN FACT, UH, HIS, HIS PRIMARY RESIDENCE.
SO, UM, FIRST OF ALL, WE KIND OF SET THE STAGE HERE.
THERE WAS SEVERAL COMMENTS THAT WERE MADE THAT WERE JUST KIND OF TAKEN OUT OF ORDER.
[01:50:01]
UM, THE IN 12 OR DECEMBER 31ST, 2018, THE LLC THAT A LOT OF HAS BEEN MADE ABOUT ITS REGISTERED OFFICE WAS RAISED A MOMENT AGO THAT ENTITY CONVEYED AN UNDIVIDED ONE HALF INTEREST IN THIS PROPERTY TO TERRY A VILLA, UH, THEN IN FEBRUARY 28TH, 2019, TERRIA VILA RE CONVEYED THAT SAME UNDIVIDED ONE HALF INTEREST IN THE PROPERTY TO BLAME TUCKER AND BLAINE TUCKER.THEN AFTER HE RECEIVED THE PROPERTY BEGAN THE STR APPLICATION PROCESS.
SO HIS FIRST LICENSE WAS ISSUED SHORTLY THEREAFTER, UH, APRIL 26TH, 2019.
UM, THAT APPLICATION WAS IN HIS OWN INDIVIDUAL NAME.
IF YOU LOOK AT THE APPLICATION, WHICH IS A PART OF YOUR RECORD, UH, HE LISTED THAT HE WAS A, CO-OWNER A 50% OWNER OF THE PROPERTY AND THAT HE WAS ASSOCIATED WITH, UH, YOU KNOW, OWNER OCCUPIED, UH, RESIDENCE, UH, THEN IN APRIL 26TH, 2020, SAME THING, APPLICATION HIS OWN INDIVIDUAL NAME, UH, THE APPLICATION AND HIDE THE BALL.
UH, THEN THE THIRD LICENSE WAS GRANTED, UH, ISSUED ON APRIL 26TH, 2021.
UH, AND IT WAS JUST NOTED THAT THIS, THESE COMPLAINTS, WHICH WE'LL GET TO THE COMPLAINTS IN A MINUTE, I THINK THE COMPLAINTS IS WHAT'S DRIVING, DRIVING THIS WHOLE THING.
AND THE REASON WE'RE STANDING HERE IS BECAUSE OF THE COMPLAINTS.
UM, SO THE LLC, SO AT NO POINT, DID HE EVER APPLY IN THE NAME OF THE LLC? SO THE FACT THAT THERE HAS BEEN EVIDENCE PRESENTED TO YOU THAT AHA, THE LLC THAT'S THE 50% OWNER THAT WAS NEVER HIDDEN, UH, HAS A REGISTERED OFFICE AT SOME OTHER AUSTIN.
UH, SOME OTHER ADDRESS IN AUSTIN THAT IS ZERO EVIDENCE, A COMPLETELY IRRELEVANT TO WHAT THIS, WHAT THIS COMMUNITY SHOULD BE CONSIDERING.
UM, THE SAN ANTONIO VOTING ADDRESS.
I MEAN, I, I, I DON'T WANT TO BE RUDE, BUT THE CASE HAS NOT BEEN CRACKED.
MR. MR. TUCKER WAS BORN AND RAISED IN SAN ANTONIO, TEXAS.
HE, HIS MOTHER STILL LIVES IN SAN ANTONIO, TEXAS.
HE HAS HIS MAIL DELIVERED TO HIS MOM IN SAN ANTONIO, TEXAS, BECAUSE THIS PROPERTY IS USED AS A SHORT-TERM RENTAL.
UH, IT DOESN'T REALLY MAKE SENSE IF YOU TRAVEL QUITE A BIT, WHICH THE EVIDENCE WILL SHOW AND MY CLIENT WILL TESTIFY.
UH, HE ISN'T, HE'S AN ENTERTAINMENT LAWYER.
HE TRAVELS QUITE A BIT, BUT THIS IS HIS PRIMARY RESIDENCE.
AND WHILE YOU'RE AWAY, YOU WOULD NOT WANT, YOU KNOW, RANDOM TENANTS HAVING ACCESS TO YOUR MAIL.
SO HE HAS THE MAIL DELIVERED TO HIS MOTHER'S HOUSE.
MY CLIENT TESTIFIED TO THAT AND SHE WILL, UM, WITH REGARD TO STATE BAR ADDRESS AGAIN, YOU KNOW, AND, AND SAVE OUR ADDRESS AND THIS OTHER COMPANY THAT HE WAS WITH, AGAIN, BORN AND RAISED IN SAN ANTONIO, YOU'RE ALLOWED TO LIVE IN AUSTIN.
NOW YOU'RE ALLOWED TO MOVE TO AUSTIN AND MAKE THIS YOUR PRIMARY RESIDENCE.
AND THAT DOESN'T MEAN THAT YOU CAN BE DENIED AT AN STR APPLICATION BASED UPON THE CURRENT ORDINANCE.
UM, THE, YOU KNOW, THIS IS ALL, YOU KNOW, BIT OF A SMOKE SCREEN.
WE WILL PROVIDE THE DIRECT EVIDENCE THAT THIS IS HIS PRIMARY RESIDENCE AND THAT, YOU KNOW, THE REASON WE'RE ACTUALLY HERE IS BECAUSE EVERY TIME SOMEONE ARRIVES TENANT, YOU KNOW, CLEANING PERSON, ANYONE ARRIVES AT THIS ADDRESS, APPARENTLY THE COPS ARE GETTING CALLED BY A NEIGHBOR.
UH, THE NEXT DOOR NEIGHBOR OR A NEARBY NEIGHBOR IS CALLING THE POLICE EVERY SINGLE TIME SOMEBODY SHOWS UP AT THE HOUSE.
UM, THERE'S A CAMPAIGN OF HARASSMENT.
IN FACT, YOU KNOW, DEMAND LETTER HAS GONE OUT FROM MY OFFICE JUST THIS WEEK, UH, OR, OR LATE LAST WEEK ON THIS VERY TOPIC.
YOU KNOW, HER CONTINUED HARASSMENT OF THE TENANTS THAT ARE COMING TO THIS PROPERTY.
SO I THINK THIS IS MORE ABOUT THE COMPLAINTS AND LESS ABOUT THE, HIS, THIS BEING HIS PRIMARY ADDRESS.
YOU KNOW, THE, THE, THE LICENSES WERE, WERE ISSUED.
UH, THEY'D BEEN COMPLIED WITH, THIS IS ONLY ABOUT A THOUSAND SQUARE FOOT HOUSE.
THIS IS NOT A LOUD, UH, ALLOWED PLACE.
YOU KNOW, THESE ARE THE, IT'S JUST, I THINK THERE'S SOME DISGRUNTLED NEIGHBORS THAT ARE UPSET BECAUSE THIS EXISTS AT ALL.
AND I'M SURE THERE ARE SOME PEOPLE ON THIS COMMITTEE THAT WISH THAT SHORT-TERM RENTALS JUST DIDN'T EXIST IN AUSTIN, BUT THIS ORDINANCE DOES EXIST.
AND IT'S BEEN COMPLIED WITH, BY MY CLIENT.
THE FACT THAT AN LLC OWNS A 50% INTEREST IN THE PROPERTY.
THAT'S NOT DISQUALIFYING THE FACT THAT THE, IS THAT MY SEMI CLIMBER.
PLEASE JUST CON CONCLUDE YOUR, UH, CAN I BRING MY, CAN I BRING MY WITNESS UP JUST TO, UH, JUST TESTIFY VERY QUICKLY THAT THIS IS A PRIMARY RESIDENCE? YES.
[01:55:01]
IN AUSTIN AND MY BROTHER TRAVELS A LOT FOR WORK.HE TAKES CARE OF MY GRANDMA AS WELL IN SAN ANTONIO, MY FAMILY, WE'RE ALL FROM SAN ANTONIO, BORN IN SAN ANTONIO.
HE, I MEAN, WHEN COVID SHUT DOWN, HE WAS IN AUSTIN CONSTANTLY, AND THINGS KICKED BACK UP IN MARCH AND HE'S BEEN GONE AND HE'S COMING BACK.
AND I MEAN, THAT'S ALL I HAVE TO SAY.
IT'S OWNER OCCUPIED, JUST, HE HASN'T BEEN THERE IN WEEKS AND IT'S BEEN BOOKED UP FOR THE SUMMER.
AND THE MAIN THING IS THE NEIGHBORS MAD.
THE NEXT DOOR NEIGHBOR, HARASSES, EVERY SINGLE PERSON THAT GOES OVER THERE, WHETHER IT'S ME, WHETHER IT'S, UM, A GROUP OF 60 YEAR OLD WOMEN JUST COMING TO CELEBRATE A BIRTHDAY TOGETHER FOR PEOPLE.
HE CALLS, I MEAN, IT DOESN'T STOP.
I MEAN, ANYONE YOU CAN THINK OF ANY CODE OFFICER WILL SAY EVERY, I MEAN, WE COME WHEN PEOPLE ARE SLEEPING, HE CALLS WHEN PEOPLE ARE SLEEPING, HE CALLS BECAUSE THE POOL HEATER IS ON.
I MEAN, IT, IT DOESN'T STOP AND WE'RE NEVER GOING TO MAKE HIM HAPPY BECAUSE IT IS A SHORT-TERM RENTAL NEXT DOOR.
AND I THINK THAT'S THE MAIN ISSUE.
UH, WE'D COMMISSIONERS LIKE TO ASK QUESTIONS OF THE PROPERTY REPRESENTATIVE OR HIS WITNESS OR CITY STAFF BEFORE WE HEAR PUBLIC COMMENT ON THIS CASE.
COMMISSIONER HERRERA, AND THEN WE'LL GET TO YOU COMMISSIONER MILLER.
FOR THE PROPERTY REPRESENTATIVE.
UM, AND I'M SORRY, SORRY, MR. WILLIAMS, MR. WILLIAMS. YEAH.
YOU, YOU MADE A COMMENT AND I WROTE IT DOWN SO I COULD GET THE WORDS, RIGHT.
YOU SAID, I'M SURE THERE ARE PEOPLE ON THIS COMMITTEE WHO THINK SHORT-TERM RENTALS SHOULDN'T EXIST.
WHY WOULD YOU SAY THAT? I MEAN, THERE, THERE SOME BURIED OPINIONS ABOUT, ABOUT WHETHER OR NOT A SHORT-TERM RENTALS ARE, SHOULD BE TIGHTENED UP THAT THEIR RESTRICTIONS SHOULD, THERE SHOULD BE MORE RESTRICTIONS.
UM, I MEAN THE LAST IN THE LAST COMMENTARY FOR THE LAST, UH, YOU KNOW, APPELLANT, UH, YOU KNOW, SOME, YOU KNOW, THERE'S, THERE'S SOME DEFINITELY SOME DIFFERING OPINIONS ON THIS COMMITTEE AND, UH, AND IT'S UNDERSTANDABLE, BUT THE, YOU KNOW, THE, THE FACT IS, IS, YOU KNOW, THE ORDINANCE EXISTS, MY CLIENT COMPLIED WITH IT.
AND BY THE WAY, DIFFERENT, YOU KNOW, DIFFERENT FROM THE LAST ONE DID THIS, THIS, THIS HOMESTEAD EXEMPTION.
SO HE HAS ONE HOMESTEAD EXEMPTION, AND THERE ARE A LOT WAS MADE OF THAT.
THERE ARE CONSTITUTIONAL HOMESTEAD RIGHTS, AND THERE ARE, THERE'S A PROPERTY TAX AD, VALOREM TAX, HOMESTEAD, EXEMPTION.
BUT IN THIS CASE, THEY'RE NOT.
UH, HAVING A HOMESTEAD EXEMPTION ON PROPERTY IS, IS VERY GOOD PRIME APHASIA EVIDENCE THAT YOU'RE PROBABLY CLAIMING THAT AS YOUR HOMESTEAD.
AND I USE THAT ALL THE TIME AS A, AS A, AS INITIAL INDICATOR ABOUT HOMESTEAD RIGHTS.
BUT, UM, YOU KNOW, IN THIS CASE, IF, IF THE, IF THE, IF THE CITY LIKES THAT, THAT IS ACTUALLY A FACT IS BENEFICIAL FOR US.
HE CLAIMS US AS HIS HOMESTEAD.
I WASN'T ASKING ABOUT THE HOMESTEAD.
UH, COMMISSIONER MILLER, DID YOU HAVE A QUESTION? UM, YES.
SO I UNDERSTAND ABOUT THE HOMESTEAD EXEMPTION AND OUR PREVIOUS CASE.
I THINK WE WERE TRYING TO ESTABLISH THAT THERE NEED TO BE RULES THAT ARE CONSISTENTLY FOLLOWED, AND THE STAFF IS TRYING TO MAKE THE CASE THAT YOU NEED TO LOOK HOLISTICALLY AT CASES WHERE WE'RE HEARING.
WE'RE SEEING A LOT OF COMMENTS FROM THE NEIGHBORS FOR NOT JUST THE ONE NEIGHBOR, BUT OTHER NEIGHBORS THAT IT'S PRETTY MUCH, YOU KNOW, CONSTANT PARTY HOUSE.
WHAT OTHER EVIDENCE CAN YOU GIVE US THAT MR. TUCKER ACTUALLY LIVES THERE OTHER THAN THE HOMESTEAD EXEMPTION? LIKE WHAT EVIDENCE OF HIS PRESENCE IS THERE? I MEAN, IT SOUNDS LIKE IT'S VERY WELL SET UP TO BE A RENTAL, BUT, YOU KNOW, THE, THE INTENT OF THE TYPE ONE RENTALS, AS I UNDERSTAND IS THAT THERE'S AN OWNER THAT LIVES THERE, SO THAT THEY'RE SORT OF LESS CONCERNED ABOUT, YOU KNOW, UH, THE PRESENCE OR THE USE OF IT AS A SHORT-TERM RENTAL, BECAUSE THERE'S SOMEONE ON THE PROPERTY OR THERE'S SOMEONE WHO'S CONCERNED ABOUT THE UPKEEP OF IT.
AND SO THAT'S SORT OF THE INTENT OF THE TYPE ONE.
AND I GUESS THERE SEEM TO BE A LOT OF CONCERNS AROUND HOW IT'S BEING USED.
THAT SUGGESTS THAT HE'S NOT THERE VERY MUCH, AND THERE'S NOT VERY ACTIVE MANAGEMENT OF IT.
LIKE WHAT OTHER EVIDENCE CAN YOU GIVE US THAT HE LIVES THERE, OR IN REGARD TO THIS, HIS RESIDENCE? WELL, OTHER THAN, YOU KNOW, SWORN TESTIMONY FROM HIS SISTER AND HIS REPRESENTATIVE, THAT IT IS HIS PRIMARY RESIDENCE, AND THIS IS WHERE HE LIVES WHEN HE, YOU KNOW, I DON'T THINK THERE'S ANY REQUIREMENT FOR, UH, AN OWNER OCCUPIED RESIDENTS TO BE OCCUPIED FOR A CERTAIN PERIOD OF TIME OR A CERTAIN NUMBER OF DAYS PER YEAR.
HE CLEARLY TRAVELS AND THAT WE'RE, NOBODY'S HIDING THE BALL ON THAT.
I MEAN, HE TRAVELS QUITE A BIT, APPARENTLY SEASONAL, LIKE IN THE SUMMER, HE MAY BE GONE MORE THAN HE'S, HE'S GONE ON THE FALL OR THE SPRING.
[02:00:01]
YOU KNOW, WE HAVE DIRECT TESTIMONY THAT THIS IS HIS PRIMARY RESIDENCE.AND THOUGH, UM, YOU KNOW, HE'S MAY NOT BE THERE AS MUCH AS THE LAST APPELLANT WHO IS THERE MAYBE EXCEPT ON WEEKENDS.
UH, HE STILL, THIS IS THIS, WHEN HE COMES BACK FROM THE ROAD, WHEN HE COMES BACK FROM TRAVELING, THIS IS, THIS IS WHERE HE LIVES.
AND SO ALL WE HAVE IS DIRECT EVIDENCE BEING THE, UH, WITNESSING TO MY BROTHER'S PRIMARY RESIDENCE WHEN HE'S HERE.
UM, BUT NOBODY'S, YOU KNOW, DENYING THAT HE IS GONE MORE THAN MAYBE SOME OWNER OCCUPIED REST, BUT THERE'S NOT, THERE'S NOT A SPECIFIC QUOTA IN THE, IN THE, UH, ORDINANCE THAT SAYS, YOU KNOW, IT'S OWNER OCCUPIED.
IF YOU'RE THERE MORE THAN, UH, YOU KNOW, EXCELLENT.
NO, I, I UNDERSTAND THAT, BUT IT'S JUST, I DON'T GET ANY SENSE OF HOW HE COULD POSSIBLY LIVE THERE JUST THE WAY IT'S SET UP, OR I DON'T KNOW WHAT EXACTLY THAT EVIDENCE WOULD BE, BUT IF YOU HAD SOMETHING THAT COULD KIND OF SHOW HIM THERE OR GIVE SOME EVIDENCE OF HIS PRESENCE THERE, IT MIGHT BE HELPFUL.
ARE YOU ASKING FOR LIKE VIDEO FOOTAGE, ARE YOU ASKING FOR LIKE RECEIPTS? WHAT DO YOU, I DON'T KNOW.
I MEAN, I GUESS I'M KIND OF ASKING YOU TO SHOW THAT THIS IS ACTUALLY HIS HOME RATHER THAN, I MEAN, IT'S, IT'S, THAT'S THE ONLY NUMBER HE HAS.
SO HE DOESN'T, I MEAN, BECAUSE HE HAS A POST OFFICE BOX OFF BEE CAVES ROAD AND A POST OFFICE BOX IN SAN ANTONIO WHERE HE HAS A BAR.
UM, I DON'T THINK THAT THAT PROVES THAT HE HAS A HOME ELSEWHERE.
THIS IS WHERE HE COMES WHEN HE'S, YOU KNOW, COMES HOME TO AUSTIN.
I MEAN, HE'S GOING TO BE HERE ALL WINTER.
SO IF WE LOOKED ON AIRBNB, IT WOULDN'T BE RENTED OUT DURING THE WINTER WHEN HE'S HERE OR THEY'RE STRETCHING.
YEAH, I GUESS THAT'S WHAT I'M, YOU KNOW, IF THEY'RE LOOKING AT THIS HOLISTICALLY, I MEAN, IF YOU WANTED TO LOOK FOR SOME TIME, LIKE, YOU KNOW, A BLOCK OF TIME, LIKE DECEMBER, YEAH.
HE WOULD BE THERE AND IT WOULDN'T BE LISTED AS BEING FOR BLOCKS.
COMMISSIONER SEALER, MS. LAROUCHE DIDN'T WE LEARN FROM THE LAST CASE THAT A HOMESTEAD EXEMPTION IS NOT THE ONLY PROOF THAT'S YOUR PRIMARY RESIDENCE, CORRECT? SO THAT NOT THE ONE, I MEAN, THEY'VE USED THAT AS AN, UM, AS A DOCUMENT TO SHOW THAT THAT'S HIS PRIMARY RESIDENCE.
AND IF WE SEE THAT AND WE CAN VALIDATE, AND WE DON'T SEE OTHER SUSPICIOUS THINGS, WE WILL GO THROUGH AGAIN, THE PROGRAM IS, IS, IS SHIFTING AS THE CUSTOMER SHIFT TO TRY TO WORK THEIR WAY INTO THE ORDINANCE.
UM, I, I WOULD LIKE TO ASK, UM, IF THEY COULD LET US KNOW WHOSE NAME THE UTILITIES ARE IN FOR THAT PROPERTY, ARE THEY IN MR. TUCKER'S NAME? I WOULD HAVE TO LOOK AT THE BILL.
I'M NOT, WELL, WE ACTUALLY EMAILED AUSTIN ENERGY YESTERDAY, AND THE UTILITIES ARE IN THE NAME OF 1720 EAST ANDERSON LANE, LLC, WHICH IS THE, CO-OWNER THE 50% UNDIVIDED INTEREST OWNER OF THE PROPERTY.
SO THAT'S NOT THAT SURPRISING.
UM, SO, UH, MR. WILLIAMS, ONE OF THE NEIGHBORS, AS YOU HAD POINTED OUT, MANY NEIGHBORS COMPLAINED, BUT SPECIFICALLY WE HAVE SOME DOCUMENTATION.
WE'RE GOING TO HEAR FROM THEM.
I HAVE SOMETHING ON YOUR AIRBNB POSTING FOR THAT RESIDENCE THAT I HAD A QUESTION ABOUT.
SO I SHOULD ASK IT TO THEM, RIGHT? SURE.
ON YOUR AIRBNB, UM, AD FOR THAT RESIDENCE, IT SAYS HOURS OF OPERATIONS.
AND THEN IT SAYS NOBODY LEAVES HERE FROM SUNDAY, 9:00 AM THROUGH FRIDAY 5:00 PM.
SO, NO, UM, ON AIRBNB, YOU CAN'T EDIT A, I'M A HOST FOR, YOU KNOW, SEVERAL PROPERTIES.
YOU CAN'T EDIT LIKE YOUR, YOUR TIME OF BUSINESS OR ANYTHING LIKE THAT.
YOU EITHER SAY I HOST SOMETIME, OR I HOST ALL THE TIME AND THEN YOU BLOCK YOUR CALENDAR OFF.
IF YOU WANT TO ACCEPT RESERVATIONS, YOU KNOW, KEEP YOUR CALENDAR OPEN.
YOU CAN CHANGE YOUR CALENDAR, BUT IT'S NOT LIKE HOURS OF OPERATION OF CITY HALL OR SOMETHING LIKE THAT.
I'M TALKING ABOUT THE PART WHERE IT SAYS NOBODY LIVES THERE FROM SUNDAY THROUGH FRIDAY.
IF MR. TUCKER ACTUALLY LIVES THERE OR SOMEBODY LIVES THERE.
THAT'S HOW YOU KEEP YOUR CALENDAR OPEN.
SO I CAN'T BECAUSE HE TRAVELS, I CAN'T SAY, OKAY, HE'S GOING TO BE THERE EVERY SINGLE MONDAY.
IT'S IT'S WE JUST BLOCK IT OFF WHEN HE COMES INTO TOWN AND THAT'S HOW IT IS, BUT OTHERWISE IT STAYS OPEN.
CAN I ANSWER IT? SO THIS IS THE QUESTION BEFORE LAST, UM, ON THE PROBATIVE VALUE OF THE HOMESTEAD EXEMPTION.
[02:05:01]
QUITE PROBATIVE HERE BECAUSE YOU'RE ONLY ENTITLED TO ONE IN STATE AND IS NON SAN ANTONIO.IT'S, IT'S, IT'S AT THIS HOUSE.
SO I THINK THAT IS PRE PRETTY GOOD PROBATIVE EVIDENCE IN THIS CASE AS TO THE FACT THAT HE CLAIMS ASSESSES BOTH CONSTITUTIONAL AND HIS, AND HIS HOMESTEAD FOR TAX PURPOSES.
UM, LET'S HEAR FROM THE OTHER INTERESTED PARTIES, DO WE HAVE AN ANDREA JANETTA? GOOD EVENING COMMISSIONERS.
UM, RIGHT NEXT DOOR 3 0, 2, 3 EAST 13.
COULD YOU SAY YOUR FULL NAME? ERICA? YES.
UM, YEAH, SO WE LIVE NEXT DOOR.
UM, I CAN TESTIFY UNDER OATH THAT I HAVE NEVER SEEN THIS WOMAN BEFORE.
UM, THE PROPERTY IS USED AS, UM, SHORT-TERM RENTAL AND I'M GETTING REALLY EMOTIONAL ABOUT IT BECAUSE WE MOVED THERE FROM AN APARTMENT COMPLEX.
WE WANTED TO ENJOY YOUR BACKYARD.
WE WANTED TO, YOU KNOW, HAVE PEACE, SORRY.
AND THE MOMENT WE MOVED IN THE NEXT DAY, AIRBNB PEOPLE MOVED IN WHICH THEY HELP.
THAT HAPPENS EVERY WEEK FROM THURSDAY TO SUNDAY, 15, 20 PEOPLE COME IN, BACHELOR PARTIES, BACHELORETTE PARTIES.
THEY ARE BEING THESE DISEMBARKED BY A BUS, BY A PARTY BUS.
THEY USE THE POOL, THEY ARE DRUNK.
THEY COME BACK TWO O'CLOCK IN THE MORNING.
AND I KINDLY ASKED THEM TWO O'CLOCK IN THE MORNING.
HEY GUYS, CAN YOU KEEP IT DOWN? THIS IS A RESIDENTIAL AREA.
WE ARE WORKING VERY HARD AND WE ARE GOING CRAZY WITH THESE PEOPLE.
AND WE JUST REALLY WOULD LIKE TO SLEEP BECAUSE WE ARE PAYING A LOT OF MONEY FOR THAT HOUSE OR RENTING THAT HOUSE.
AND WE TAKE THIS TO OUR HEART, YOU KNOW, TO KEEP THE NEIGHBORHOOD NICE.
AND WE TALK TO THEM, OUR NEIGHBORS AS WELL, AND THEY ALL HAVE THE SAME THINGS AND THEY WISHED THEY WILL HAVE COME AND ALSO STEP UP.
AND WE GOT THREATENED BY THOSE PEOPLE AS WELL, WHO ARE IN COMING AND STAYING THERE.
AND THEY LIKE, YEAH, WE PAY A LOT OF MONEY.
WE CAN DO WHATEVER AND BE ONE, THIS IS AUSTIN.
SO, AND THEY ARE PAYING LIKE THREE, $4,000 FOR THE WEEKEND.
SO OF COURSE THEY WILL CONTINUE, DO WHATEVER THEY WANT.
EVEN THOUGH THE AUSTIN CODE PEOPLE ARE COMING OUT AS WELL.
BECAUSE OF COURSE WE CALL THE POLICE BECAUSE TWO, THREE O'CLOCK IN THE MORNING WE WANT TO SLEEP.
SO IF THIS IS WHAT YOU CALL HARASSING, THEN YEAH, WE ARE HARASSING.
BUT I DON'T THINK WE ARE ASKING.
AND, AND AS I SAID, I'VE NEVER SEEN THIS LADY BEFORE.
NEVER SEEN THEM BROTHER BEFORE WE DON'T WANT TROUBLE.
WE JUST REALLY WOULD LIKE TO SLEEP.
WE LOVE THE NEIGHBORHOOD, BUT WE JUST CANNOT HAVE, BECAUSE THESE PEOPLE ARE JUST SO DISRESPECTFUL.
AND DO WE HAVE, DO WE HAVE SOMEONE ELSE HERE TO SPEAK? ARE YOU ANDREA? YES.
I'M THE TENANT 3 0 2 3 EAST 13TH STREET.
JAZA SO A COUPLE OF THINGS ABOUT THIS PROPERTY.
IT IS A PROPERTY, BUT IT'S EFFECTIVELY A HOTEL AND RESORT.
THIS IS HOW I WOULD DEFINE IT.
AND TO MAKE IT VERY SIMPLE, I THINK THERE ARE FOUR CAUSES THAT THIS IS MAKING OUR LIFE ABSOLUTELY IMPOSSIBLE, IMPOSSIBLE.
THIS IS CAUSING PHYSICAL AND PSYCHOLOGICAL DISTRESS.
I WORK 67 TO 70, 65 TO 70 HOURS A WEEK.
MY OPPORTUNITY TO SLEEP IS DURING FRIDAY, SATURDAY, AND SUNDAY, TO GET SOME REST.
WE SEE SYSTEMATICALLY, UH, PEOPLE ARRIVING OVER THE WEEKENDS THURSDAY AFTERNOON IS THE NEW TIME NOW WHERE THEY WILL CHECK IN TOMORROW.
THEY USED TO COME IN LARGE GROUPS.
AND NOW THEY'RE BEING OFFLOADED.
THEY HAVE, YOU KNOW, FLOODED IN THE LAST WEEKS.
WHAT THEY DO IS JUST, THEY START DEPARTING ON THURSDAY AFTERNOON, AND THEN THEY START SCREAMING, ACCOUNTING, COMPLETELY DRUNK A THURSDAY, FRIDAY, AND OFTEN SATURDAYS AS WELL, WHICH WAKE US UP IN THE MIDDLE OF THE NIGHT.
WE'RE LIKE, OH MY GOD, WHAT'S HAPPENING.
AND THAT'S WHEN WE NEED TO CALL THE POLICE TO GET SOME JUSTICE AND TO GET SOME SLEEP AT THE END OF THE DAY.
SECOND PROBLEM IS THAT THESE PEOPLE, AS YOU SEE, ARE DUMPING A HUGE AMOUNT OF TRASH ON THE SUNDAY MORNING WHEN THERE IS THE OFFICIAL, THE CHECK-OUT 9:00 AM ON SUNDAY MORNING, EVERYBODY DISAPPEARS.
THIS IS AN EXAMPLE OF THE TRASH THAT YOU CAN SEE THIS TRASH REMAINS THERE FOR DAYS AND DAYS UNATTENDED.
[02:10:01]
THE TRUCKS ARE MUCH SMALLER THAN THE TRASH, WHICH IS BEING DUMPED.UM, AND THEN IT STARTS TO FERMENT UNDER THE 100 PLUS DEGREES OF THE SUN UNTIL IT GETS COLLECTED THE NEXT FRIDAY.
SO IT STAYS A SIX DAYS OUT AND WE NEED TO LIVE WITH THIS SMELL, THE SMELL OF THE TRASH, VERY GRAY AS PER OUR UNDERSTANDING IS THE PROPERTY MANAGER THAT SHE, UH, STOPPED CONTACTING.
UH, THREE MONTHS AGO, I TRIED EVERYTHING POSSIBLE TO SAY, WE NEED TO TALK.
WE NEED TO SEE WHAT WE NEED TO DO.
WE GOT ALSO A COUPLE OF VIDEOS, WHICH WILL SHOW YOU EXACTLY WHAT'S HAPPENING IN THIS HOTEL AND RESORT.
THERE'S A PROFESSIONAL EQUIPMENT, OR THEN A RESORT IS ALSO SPONSORED ON THE AIRBNB.
UM, AND THEN YOU WOULD SEE WHAT WHAT'S HAPPENING.
SHE PUT SOME VOLUME, EXCUSE ME.
PEOPLE DRUNK, LOWER THE WISE, PLEASE.
THERE ARE PEOPLE TRYING TO SLEEP HERE.
CAN YOU LOWER? THE WIVES WERE TRYING TO SLEEP, PLEASE.
IT'S THREE IN THE MORNING, WE'RE TRYING TO SLEEP.
IT'S THREE IN THE MORNING, LOWER DEVICE, PLEASE.
WE ARE IN AUSTIN SO WE CAN DO WHATEVER WE WANT.
THAT'S THE WAY THIS IS OCCUPIED, BUT IT'S RENTED.
IN EXAMPLE OF CARS, 4, 5, 6 CARS, DEPENDING.
AND NOW WE HAVE ENTIRE BUS OFFLOADING.
THESE PEOPLE, THIS HAS BEEN GOING ON ALMOST EVERY WEEKEND, EXCEPT FOR THE, THE, THE, THE, I THINK THE WINTER EVENT WHEN THERE WAS A TOTAL FREEZES, OF COURSE, NOBODY, THIS THING, AN EXAMPLE OF THE AFTERNOON PARTY, I DON'T CALL THE POLICE FOR THE AFTERNOON, BUT THIS YEAR TWO IN THE MORNING, I TRIED TO LEAVE BETWEEN THE MORNING WITH THESE PEOPLE COMING FROM WHATEVER THEY, THIS IS THE WAY THEY'RE SAYING THIS IS OCCUPIED BY THE OWNER.
NEVER SEEN, NEVER SEEN ANYBODY EXCEPT THESE PEOPLE EVERY WEEK, DIFFERENT DENTISTS.
JUST SCREAMING LIKE SLAUGHTERING.
LIKE THERE IS NO TOMORROW IN THE MIDDLE OF THE NIGHT.
UNFORTUNATELY, SOME OF THE ENABLERS DO NOT COME TONIGHT WHEN OTHER PEOPLE FROM 30 17, 30, 15, AND THEY COULD NOT COME TONIGHT.
THEY WISH TO JOIN BY ZOOM DOES IT ALL NIGHT PICTURES.
SO THERE IS NO POLICE BEING CALLED THE NEXT, NO SENSE TO CALL THE POLICE.
I MEAN, THEY JUST TALK TO THESE PEOPLE IN THE AFTERNOON.
WE CALLED THE POLICE AFTER ONE IN THE MORNING.
NOW WHEN THEY BOUGHT THE STUFF, WHEN THE PARTY STARTS THURSDAY AFTERNOON, I'M NORMALLY WORKING UNTIL 7:00 PM IN THE AFTERNOON AND THEY NEED TO WORK WITH THIS NONSENSE.
AND THEN YOU'LL SEE IS A PROFESSIONAL HIGHWAY SYSTEM.
I DON'T KNOW WHAT THEY BRING AND THIS IS THE BUS HE HAS TO DO FROM MY WINDOW.
WE APPRECIATE HEARING FROM YOU.
UH, DOES THE COMMISSION HAVE QUESTIONS FOR, FOR DR.
JANATA OR FOR ERICA CHESHIRE? I HAVE A QUICK QUESTION.
SO, IN SOME OF YOUR DOCUMENTS, YOU ATTEMPT AT TEXTING DIFFERENT PEOPLE TO ALERT THEM TO THE NOISE COMPLAINTS? YES.
WHAT ARE YOU TEXTING THE OWNERS YOU THOUGHT AT THE TIME, WHILE YOU AT THE TIME TEXTING THE OWNERS ON SOME OF YOUR PLANS? YES.
MOST OF MY TEXTS IS I CAN SHOW YOU.
I HAVE THE VALERIE GREAT TEXAS IS NORMALLY A ONE WAY TO EXTENT.
I TEXTED ETHNOSCIENCE WHERE I LEAVE MESSAGES ON THE ANSWERING MACHINE AND SAY, CALL ME BACK TWO IN THE MORNING, THREE IN THE MORNING.
AND THAT'S WHEN I NEED TO CALL THE POLICE BECAUSE I'M LIKE, WHO THE HELL AM I GOING TO TALK? NOW WHO'S GOING TO DEFEND ME.
WHO'S GOING TO PUT SOME SILENCE TO THIS.
UH, DOES THE COMMISSION HAD FURTHER QUESTIONS FOR EITHER THE PROPERTY REPRESENTATIVES, THE NEIGHBORS OR FOR CITY STAFF? YES.
I HAVE A QUESTION FOR PROPERTY OWNERS.
COMMISSIONER GREEN, UM, UH, HOURS TO PUT THE PROPERTY ON THEIR SIDE, GOT A QUESTION UP.
WE HAVE SOME DOCUMENTATION RECEIVED
[02:15:01]
FROM THE CITY.IT'S 207 PAGES OF, UH, THEIR RECOMMENDATION AND THEIR BACKUP HUNDRED AND 42 OF THE PAGES ARE COMPLAINTS AGAINST THIS PROPERTY, EVERYTHING TO TRASH NOISE IN THE MIDDLE OF THE NIGHT.
CAN YOU PLEASE HELP ME UNDERSTAND HOW THERE'S 142 PAGES OF COMPLAINTS AGAINST THIS PROPERTY? BECAUSE AS YOU SAW THE SCREENSHOT THAT THE, AS YOU SAW THAT THE SCREENSHOT THAT HE PROVIDED, HE MAKES ABOUT 15 COMPLAINTS PER DAY.
SO HE HAS THE PERSONAL PHONE NUMBERS.
I DON'T KNOW IF IT'S PERSONAL OR BUSINESS PHONE NUMBERS OF 15 DIFFERENT CODE OFFICERS AND HE TEXTS EACH ONE.
ANYTIME IT DOESN'T MATTER IF ITS A ONE YEAR OLD'S BIRTHDAY PARTY, IT DOESN'T MATTER IF IT'S MY FAMILY GATHERING OVER THERE.
PEOPLE ARE OUTSIDE BY A POOL PLAYING MUSIC AND I UNDERSTAND LATE AT NIGHT, BUT WHEN YOU'RE SHOWING FIVE VIDEOS OF BAD APPLES AND WE'VE HAD A LICENSE FOR THREE YEARS, I MEAN, YOU'RE GOING TO GET SOME BAD APPLES AND YOU GIVE THEM BAD REVIEWS.
MA'AM TH THERE, THERE FIXER SEVEN, UM, UH, BACK, UH, PLAIN DOCUMENTS HERE ABOUT LOUD PARTIES AFTER 10 O'CLOCK AT NIGHT TRASH, EVERYWHERE AND, AND, AND VEHICLES PARKING ILLEGALLY.
I MEAN, UH, THAT'S CERTAINLY, UH, IMPACTS, UH, ANYBODY'S UH, UM, UH, ABILITY TO, UH, UH, HAVE A GOOD STANDARD OF LIVING.
I MEAN, I MEAN, THIS IS ONE PROPERTY IN A NEIGHBORHOOD AND A 142.
I MEAN, WHO'S THIRD, THE DOCUMENTATION AGAINST THIS PROPERTY POINT.
I MEAN, WHEN IT'S MY NIECE'S BIRTHDAY AND WE'RE ALL HAVING A POOL PARTY OVER THERE AND WE GET CODE COMPLAINTS AND ALL THAT KIND OF THING, HE CALLS REGARDLESS.
SO EVERY SINGLE TIME THAT WE HOST THERE'S A COMPLAINT MADE, THERE'S NOT A GOOD TIME TO HOST.
IT'S NOT, HE CALLS EVERY SINGLE WEEKEND.
SO THERE'S GOING TO BE, I MEAN, PROBABLY 52 PER YEAR.
I MEAN, IF NOT THREE PER WEEKEND, WHICH I APPRECIATE YOUR, YOUR, YOUR RESPONSE BACK COMMISSIONER STALL STARTED.
DID YOU HAVE A COMMENT OR QUESTION? YEAH.
UM, OR I'LL TRY TO BE BRIEF, UM, UH, VERY QUICKLY BEFORE I DO HAVE SOME QUESTIONS FROM MR. WILLIAMS, BUT BEFORE, UM, BEFORE I GET INTO THAT, I'M NOT CERTAIN THAT WE'VE ADMITTED THE EXHIBITS, UM, TO HIS EMOTION REQUIRED FOR THAT.
I JUST, I JUST WANT TO MAKE SURE THAT NO, THANK YOU.
I DO NEED TO ADMIT THE EXHIBIT.
UM, I'LL GO AHEAD AND ADMIT THE, UH, NOT SURE WHAT TO CALL THAT.
I'LL GO AHEAD AND ADMIT EXHIBITS ACTUALLY STAFF STAFF CAN CORRECT ME IF I'M RAYMOND, THAT INCORRECTLY STAFF EXHIBITS WERE ONE AND TWO, AND THEN WE JUST CALLED IT.
I'M TRYING TO REMEMBER WHAT I NAMED IT.
UM, IT JUST HAD A COVER PAGE ON IT.
IT SAID THE CASE HISTORY REPORT.
I'LL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE AND TWO AND THE PUBLIC TESTIMONY EXHIBIT ONE.
COMMISSIONER IS STILL STARTING.
UM, MR. WILLIAMS, THANK YOU FOR BEING HERE TODAY.
AND YOU WERE UNDER AUSTIN CITY CODE 28 DASH TWO DASH 7 8 8 GOVERNING TYPE ONE, THE SHORT TERM RENTALS, UM, UH, SUBSECTION A TWO REQUIRES THAT OF THE OWNER OCCUPIED.
WHAT DOES YOUR CUSTOMER, YOUR OWN WORDS? HOW DO YOU DEFINE OWNER-OCCUPIED? I THINK IT WOULD BE THE PRIMARY RESIDENCE OF THE OCCUPANT.
I THINK IT'D BE THE PRIMARY RESIDENCE AS, AS IS IN THIS CASE.
SO I DON'T DEFINE PRIMARY RESIDENCE.
UM, THE PRIMARY PLACE OF ABODE, THE PRIMARY PLACE WHERE YOU RESIDE WHEN YOU ARE NOT TRAVELING ABROAD OR, UH, AWAY FROM YOUR HOME.
I MEAN, I IT'S, IT COULD, IT COULD BE DEFINED, BUT YOU FINISHED PLEASE.
UM, SO WITH THAT DEFINITION, SUPPOSE THAT A PRIMARY RESIDENCE REQUIRE THAT A PERSON SLEEP MORE NIGHTS AT THAT LOCATION THAN AT ANY OTHER LOCATION.
I THINK THAT WILL BE, I MEAN, I, I THINK THAT COULD BE A DEFINITION.
UNFORTUNATELY, THE, THE, THE ORDINANCE SAYS IT PROVIDES FOR THE DEFINITION.
IT COULD BE A NUMBER OF DAYS PER YEAR.
[02:20:01]
THERE, THERE COULD BE DEFINITIONS TIED TO THAT.AND I THINK THAT THAT MIGHT, YOU KNOW, MAKE YOUR JOB EASIER, BUT IN, IN THIS CASE, IT, IT, I THINK WE COULD PROBABLY GO AND LOOK AT ALL DATES, LOOK BACK AND LOOK AT ALL DATES THAT ARE BLOCKED OFF AND BE ABLE TO DETERMINE, UH, WHAT, WHAT DATES THE OWNER WAS IN THE, IN THE RESIDENCE.
BUT, UM, YEAH, I, I AGREE THAT IN THE ABSENCE OF MORE PRECISION THAT YOU'RE GOING TO HAVE TO APPEAL TO OUR INTUITION AND COMMON SENSE.
UH, DO YOU HAVE A BALLPARK FIGURE AS TO HOW MANY DAYS SAY LAST YEAR MR. BLAINE SLEPT AT THE PROPERTY? I MEAN, WE TRIED TO DETERMINE THAT, YOU KNOW, THAT ALL WE CAN COME UP WITH IS IT'S, YOU KNOW, THE, THE VAST MAJORITY OF DAYS IN THE YEAR, HE'S AT THE PROPERTY.
AND I DON'T KNOW MORE THAN 200.
I MEAN, I, I WOULD SAY I DON'T, I DON'T KNOW.
I DON'T, I DON'T, I WOULD HA I WOULD JUST BE SPECULATING BECAUSE I, I THINK IT PROBABLY VARIED OVER THE COURSE OF THREE YEARS.
UM, COUNSEL, YOU'RE NOT A MATERIAL WITNESS, SO I'M NOT, I MEAN, I'M JUST, I'M NOT, I'M, YOU KNOW, I'M NOT GONNA SPECULATE AS TO HOW MANY DAYS, BUT SHE DID TESTIFY THAT IN 2020, HE WAS THERE CONSIDERABLY MORE, UH, THAN IN OTHER YEARS, AS I THINK EVERYONE WAS HOME MORE THAN, THAN OTHER YEARS.
BUT, UM, YOU KNOW, SO IT MIGHT BE MORE THAN TWO THIRDS FOR LAST YEAR, BUT I, I, YOU KNOW, I DON'T, I DON'T KNOW THAT, BUT HE'S, BUT THE, THE AFFIRMATIVE TESTIMONY IS THAT IS HIS PRIMARY RESIDENCE.
IT'S HIS, IT'S HIS PLACE WHERE HE LIVES WHEN HE IS NOT, HE WAS PRIMARY.
I APOLOGIZE FOR CUTTING YOU OFF.
I UNDERSTAND THAT THE TESTIMONY IS THAT IT'S A PRIMARY RESIDENCE, BUT WE'RE TRYING TO GET AT IS, IS WHAT IS THE PRIMARY RESIDENCE FOR PURPOSES OF THAT TESTIMONY? AND, AND SO, IS IT, IS IT YOUR CONTENTION THAT HE SLEPT MORE THAN 200 NIGHTS THERE LAST YEAR? IS THAT WHAT MS. GRAY IS TESTING? I MEAN, I DON'T WANT TO TESTIFY FOR HER.
I DON'T KNOW HOW MANY, I DON'T THINK SHE HAS THE EXACT NUMBER EITHER, BUT I THINK SHE COULD PROBABLY ESTIMATE BETTER THAN I COULD.
I MEAN, DURING COVID, HE WAS THERE FOR ALMOST THE ENTIRE YEAR.
I DON'T KNOW, 200, I DON'T KNOW, 300, I WOULD SAY TWO MONTHS.
MS. MS. GREG, UM, YOU DID TESTIFY JUST SHORTLY AGO THAT THIS PROPERTY IS AVAILABLE FOR RENT 52 WEEKENDS A YEAR, RIGHT? EXCEPT FOR THE ONES THAT IS BLOCKED OFF IT'S AVAILABLE, AVAILABLE, BUT WROTE 52 WEEKENDS A YEAR.
I SAID THAT THE CALENDAR IS AVAILABLE.
WE BLOCK OFF THE DATES THAT HE IS PRESENT.
IF YOU LOOK, YOU WOULD SEE HOLIDAYS, YOU WOULD SEE DECEMBER, YOU WOULD SEE THOSE KINDS OF THINGS.
I DIDN'T SAY THANK YOU, MS. GRAHAM, MR. WILLIAMS IS 1720 WEST ANDERSON, LLC, YOUR CLIENTS AS WELL, OR, UM, UH, I THINK SO, BUT I'M, I'M ONLY HERE.
THE ONLY, THE ONLY APPELLANT IS THE NATURAL PERSON.
SO, BUT I, YOU KNOW, I, I ASSUME WHAT SORT OF, WHAT SORT OF BUSINESSES, 1720 WESTERN HUDSON LLC, AND I BELIEVE IT'S JUST A REAL ESTATE HOLDING COMPANY.
UM, THANK YOU, MR. WILLIAMS. I THINK I HAVE NO FURTHER QUESTIONS FOR YOU AROUND CARE IF YOU'LL BEAR WITH ME JUST ONE MOMENT.
NO FURTHER QUESTIONS ABOUT, THANK YOU, COMMISSIONER OR GUMBO.
DID, DID YOU HAVE QUESTIONS? YES, I DO HAVE A QUICK COUPLE OF QUICK QUESTIONS.
THE FIRST ONE BEING THAT, UM, THERE WERE NUMEROUS NUMEROUS VISITS FROM THE CODE INSPECTORS.
UM, AND THIS MIGHT BE BETTER ADDRESSED BY MS. GRAY BECAUSE YOU WERE THE MANAGER OF THE AIRBNB.
UM, AND HAD YOU EVER MET ANY CODE INSPECTOR IN PERSON YOURSELF? I HAVE.
AND DID YOU MEET THEM ON THE PREMISES? I HAVE.
HOW MANY TIMES DO YOU THINK YOU MET WITH SOMEONE ONCE AND YOU WOULD, YOU WOULD AGREE THAT THEY VISITED MANY, MANY TIMES, RIGHT? YEAH.
UM, AND YOUR BROTHER, DO YOU KNOW IF HE MET ANYBODY IN PERSON? UM, I DON'T THINK SO.
I DON'T THINK SO FROM THIS REPORT EITHER, AND THIS WERE ONGOING VISITS.
UM, AND ACTUALLY I WANTED TO POINT OUT TO COUNCIL THAT THE VISITS STARTED IN FEBRUARY OF 2019, ACTUALLY BEFORE THE PROPERTY WAS LEGALLY ALLOWED TO DO AIRBNB.
SO I GUESS MY CONCERN IS IF YOUR CLIENT WAS NOT IN COMPLIANCE AT THE BEGINNING UNTIL THEY WERE REPORTED, UM, HOW DO WE KNOW NOW THAT YOUR CLIENT IS ACTUALLY IN COMPLIANCE AND FOLLOWING THOSE GUIDELINES? WOW.
[02:25:01]
THERE'S A WAITING PERIOD WHEN YOU APPLY.SO EVERYTHING WAS SUBMITTED AND EVERY, WHEN THE CALL CODE OFFICERS DID COME IN FEBRUARY, 2019, THAT'S WHEN I DID MEET THEM AND EVERYTHING WAS SUBMITTED AND WE WERE JUST WAITING FOR THE ISSUANCE, BUT THE DEPARTMENT AND CONFIRMED WE'RE HAVING GUESTS.
DO YOU REALIZE THAT IT'S IN THE REPORT, YOU HAD PEOPLE RENTING ALREADY WITHOUT HAVING BEEN APPROVED.
AND I WOULD SAY THERE HAVE BEEN TWO WEEKENDS BEFORE THE LICENSE WAS ISSUED WHERE IT LOOKS LIKE IT WAS MORE LIKE TWO MONTHS.
UH, BUT THAT JUST MAKES ME WONDER, AT LEAST WE HAVE TO TAKE YOUR, YOU KNOW, WE HAVE TO KIND OF TAKE YOUR WORD FOR IT AND DETERMINE CREDIBILITY.
AND IF THAT WAS HAPPENING PRIOR WITHOUT THE APPROVAL, HOW DO WE KNOW NOW THAT, UM, SOMEBODY IS ACTUALLY LIVING THERE AND BASED ON THE NEIGHBORS, NEVER MEETING YOU, DID YOU EVER MEET ANY OF THE NEIGHBORS THAT WERE COMPLAINING? UH, I HAVEN'T MET THEM, NO.
HAVE YOU EVER MET ANY OF THE OTHER NEIGHBORS? I DON'T LIVE THERE, SO.
ANY FURTHER QUESTIONS FROM THE COMMISSION OR WOULD ANYONE LIKE TO CONTEMPLATE A MOTION? OH, JUST ONE QUICK QUESTION.
I THINK IT'S IT'S TO CITY STAFF.
UM, CAUSE I'M STILL MAKING MY WAY THROUGH THOSE 200 PAGES ON MY VIEWER.
IS THERE A WAY FROM LOOKING AT THIS TO BE ABLE TO DETERMINE IF ALL THE COMPLAINTS CAME FROM ONE NEIGHBOR OR IF MULTIPLE NEIGHBORS MADE THE COMPLAINTS? THERE REALLY ISN'T.
UM, BECAUSE NEIGHBORS ARE ALLOWED TO CALL IN COMPLAINTS ANONYMOUSLY, AND ALSO THAT, UH, INFORMATION IS PROTECTED AND NOT RELEASABLE PUBLICLY.
THANK YOU COMMISSIONER STILL STUD? YES.
MADAM CHAIR, IF THERE ARE NO OTHER QUESTIONS ABOUT THE COMMISSIONERS AT THIS TIME, I'D LIKE TO MOVE THAT WE CLOSE THE PUBLIC HEARING AND, UM, ADOPTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW OF STAFF FOR THIS CASE.
AND FROM STAFF'S DECISION TO SUSPEND THE OWNER'S TYPE ONE SHORT-TERM RENTAL LICENSE FOR THIS PROPERTY AND DENIED THE APPEAL, THINKING ABOUT SURE.
UH, THE PUBLIC HEARING IS CLOSED.
AND WE HAVE A MOTION ON THE TABLE.
ANY FURTHER DISCUSSION WITH THE MOTION.
DO WE NEED TO CLARIFY WHAT THE MOTION IS? SO THE MOTION IS TO, UM, SO THIS IS AN APPEAL OF, SO, SO THE MOTION WOULD BE TO DENY THE APPEAL TO SUPPORT STAFF'S RECOMMENDATION, WHICH IS TO SUSPEND THE TYPE ONE SHORT-TERM RENTAL LICENSE, CORRECT? OKAY.
YES, COMMISSIONER FERERA I MOVED THAT.
UH, ALL IN FAVOR OF, SORRY, ONE FAVOR OF DENYING THE APPEAL WHO WHO'S SECOND AND MOST COMMISSIONER GREEN.
SO ALL IN FAVOR OF DENYING THE APPEAL, WHICH WOULD BE, WHICH WOULD IN EFFECT THEN AFFIRMS STAFF'S STAFF'S DECISION TO SUSPEND THE TYPE ONE SHORT-TERM RENTAL LICENSE.
SO NO ONE IS OPPOSED AND NO ONE ABSTAINED THAT WAS UNANIMOUS.
AND COMING DOWN TO TALK WITH US AND WE WISH YOU ALL THE BEST OF LUCK COORDINATOR, ALLIE, WE WOULD LIKE TO MOVE ON TO ITEM NUMBER THREE.
AND I DON'T BELIEVE WE HAVE A PROPERTY REPRESENTATIVE FOR THIS ONE.
UM, I DO, DO YOU HAVE ANYONE SIGNED UP? I DO NOT.
UNLESS SOMEONE HAS APPEARED IN THE AUDIENCE.
UM, I DON'T BELIEVE WE HAVE ANYONE HERE.
OR DO YOU WANT TO GO ONTO THE NEXT ONE? THAT WAS ONE OF THE, OH, I'M SORRY.
YES, LET'S LET'S POSTPONE LET'S I APOLOGIZE BECAUSE THE PROPERTY REPRESENTATIVE IS NOT HERE FOR ITEM THREE.
LET'S PUSH THAT TO THE END OF THE MEETING.
THIS WAS THAT A PROPERTY REPRESENTATIVE THAT HAD SOME HARD, HE HAD JUST HAD SURGERY LAST MONTH.
SO WE CAN, WE CAN TALK ABOUT THAT AFTER ITEM NUMBER SIX.
[6. Case Number: CL 2021-139471]
WILL GO ON TO ITEM NUMBER SIX.[02:30:05]
I DON'T REMEMBER SIX ON THE AGENDA IS CASE NUMBER CL 20 21 1 3 9 4 7 1.AND IS REGARDING THE PROPERTY LOCATED AT NINE 60, RIGHT? MIDDLE FISKVILLE ROAD STAFF EXHIBITS CAN BE FOUND IN THE GREEN BOOK IN THE GOOGLE DRIVE FOLDER.
THIS CASE IS REGARDING AN ABANDONED AND FIRE DAMAGED SINGLE FAMILY RESIDENTIAL STRUCTURE THAT HAS BEEN CITED FOR BOTH UNSAFE AND DANGEROUS CONDITIONS THAT REQUIRES DEMOLITION LET'S REVIEW SOME FACTS.
THIS CASE IS ABOUT AN ABANDONED SINGLE FAMILY RESIDENTIAL STRUCTURE.
SINCE THE CASE WAS OPENED IN 2018, AUSTIN CODE HAS HAD TO FENCE AND FENCE THE PROPERTY AND PERFORMED MULTIPLE BOARD.
THE STRUCTURE HAS ALSO SUFFERED FROM FIRE DAMAGE ON TWO OCCASIONS INTO 2018.
AND AGAIN, IN AUGUST, 2021, THE PROPERTY OWNER IS DECEASED.
NO PROBATE MANNER HAS BEEN OPENED MATTER, HAS BEEN OPEN TO DATE.
AND AT THIS TIME, APPROXIMATELY 18 EHRS HAVE BEEN IDENTIFIED.
THE PROPERTY HAS BEEN ESCALATED TO CREDIT TO THE CASE REVIEW AND ESCALATION DIVISION FOR REVIEW SEVERAL TIMES SINCE THE CASE WAS OPENED, BUT HAS NOT BEEN BROUGHT TO THE BSC DUE TO RESEARCH AND NOTIFICATION OF KNOWN ERRORS IN THE GOOGLE DRIVE FOLDER.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF HEARING AND REQUIRED POSTINGS.
THE FIRE REPORTS FROM 2018 AND 2021 AND AN APD NUISANCE ABATEMENT REPORT, EXHIBIT TWO, WHICH CONSISTS OF THE NOTICES OF VIOLATION AND VERIFIED AND REQUIRED VERIFICATION.
EXHIBIT THREE CONSISTING OF PHOTOGRAPHS MARKED THREE EIGHT THROUGH THREE, AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE OFFICER ERIC GARDNER.
HE IS CURRENTLY ASSIGNED TO THIS CASE INSPECTOR GARDENERS HERE TONIGHT AND WILL PRESENT THE PHOTOGRAPHS MARKED THREE EIGHT THROUGH THREE AND DISCUSS THE VIOLATIONS.
IS THERE PICTET SPECTRE GARDNER, PLEASE BEGIN YOUR TESTIMONY.
MY NAME IS ERIC GARDNER COURT OFFICER FOR THE CITY OF AUSTIN'S CODE DEPARTMENT AND ASSIGNED TO THIS CASE.
THIS CASE ORIGINATED ON FEBRUARY 6TH, 2018.
ON THAT DAY CODE OFFICER HEATHER BARRY BEEN A CODE INVESTIGATOR, RICHARD LENNON.
MACUSA MET WITH AUSTIN FIRE DEPARTMENT, BATTALION CHIEF, TONY HAYDEN TO INSPECT THEIR STRUCTURE ON THE PROPERTY THAT HAD CAUGHT FIRE ENDS UP STAYING MAJOR DAMAGE.
THEIR STRUCTURE HAD DAMAGE TO THE ROOF MISSING SECTIONS OF THE EXTERIOR WALLS AND THE WINDOWS AND DOORS WERE MISSING AS WELL DUE TO THE STRUCTURE, DAMAGE AND RISK TO THE OCCUPANTS IN PUBLIC.
THE CODE DEPARTMENT CONDUCTED THE EMERGENCY BOARD AND SECURE PROCEDURE THE SAME DAY SECURE INFRASTRUCTURE ON PREMISE WITH FENCING AROUND THE PERIMETER OF THE PROPERTY ON FEBRUARY 7TH, 2018, THE CODE DEPARTMENT ISSUED THE NOTICE OF VIOLATION TO THE REGISTERED OWNER OF THE PROPERTY WITH ACCORDANCE TO THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORDS.
AT THAT TIME ON MARCH 27TH, 2018, THE NOTICE OF VIOLATION WAS POSTED ONTO THE FRONT OF THE PROPERTY, ALONG WITH THE NOTICE OF EMERGENCY BOARD AND SECURE ON MAY 24TH, 2019.
NEW NOTICE OF VIOLATION WAS SENT TO THE OWNERS OF THE PROPERTY AND SUBSEQUENTLY WERE POSTED ON THE PROPERTY ON MAY 28TH, 2019 ON JANUARY, TOOK, EXCUSE ME.
ON JANUARY 13TH, 2021, NEW NOTICE OF VIOLATION WAS SENT TO THE OWNERS OF THE PROPERTY.
AND ON APRIL 5TH, 2021 ADDITIONAL NEW NOTICES OF VIOLATION ARE SENT TO THE OWNERS.
AND THE NOTICES WERE POSTED ON THE PROPERTY ON APRIL 19TH, 2021 ON APRIL 19TH, 2021.
THIS CASE WAS ASSIGNED TO ME ON THAT SAME DAY, I CONDUCTED AN INSPECTION OF THE PROPERTY AND OBSERVED THE FIRE DAMAGE STRUCTURE DID NOT HAVE ANY REPAIRS MADE.
IT REMAINS SEVERELY DAMAGED BY FIRE.
THERE WAS AN ACCUMULATION OF TRASH, RUBBISH AND DEBRIS, AS WELL AS TALL WEEDS AND GRASS OVER 12 INCHES IN HEIGHT, I CONFIRMED THE PREMISE WAS STILL SECURE PRIOR TO THE PARTY AND ON APRIL 20TH, 2021, I SUBMITTED THE CASE FOR BSC REVIEW AND SUBMITTED A CUT LIST, THE BAIT, THE TRASH, AND CUT THE HIGH GRASS AND WEEDS ON SEPTEMBER 14TH, 2021, I CONDUCTED AN INSPECTION OF THE PROPERTY AND OBSERVED THE STRUCTURE HAD CAUGHT FIRE AGAIN, AND IT WAS NOW NEAR COMPLETE DESTRUCTION WITH ESSENTIALLY ONLY ONE BARE STUD WALL STANDING, UH, VERIFY THE PROPERTY WAS SECURED BY FENCING PRIOR TO THE PARTY I WENT, I'LL TAKE YOU THROUGH THE EXHIBIT PHOTOS.
THIS FIRST PHOTO IS CONTEXTUAL VIEW OF THE PROPERTY FROM MIDDLE FISKVILLE ROAD.
IN THIS PHOTO, YOU CAN SEE HOW MUCH THE STRUCTURE WAS DESTROYED BY THE FIRE.
ADDITIONALLY, IN THIS PHOTO, YOU CAN SEE THAT IT IS SECURED BY CHAIN LINK FENCING AND
[02:35:01]
WAS YELLOW PLACARD FOR UNSAFE CONDITIONS ON THE PROPERTY BY THE CODE DEPARTMENT.THIS IS ANOTHER VIEW FROM THE FRONT OF THE PROPERTY FROM MIDDLE FISKVILLE ROAD.
AGAIN, JUST SHOWING HOW DESTROYED THIS PROPERTY IS.
THIS IS THE CLOSE-UP OF THE DANGEROUS CONDITIONS PLACARDS, UH, THAT THE CODE DEPARTMENT PLACED ON THE PROPERTY TO ASSURE THAT THE PUBLIC DID NOT ENTER NEXT PHOTO, PLEASE.
THIS IS THE CLOSEUP VIEW OF THE ADDRESS ON THAT.
WE ARE AT 96 0 8 LITTLE FISCAL ROAD.
THIS IS A FAR OUT VIEW OF THE PROPERTY, AGAIN FROM MIDDLE FISKVILLE ROAD.
THIS IS TO HELP SHOW THAT ONE.
IT IS SECURED BY FENCING AND TO THE EXTENT OF THE FIRE DAMAGE TO THAT STRUCTURE AND THE DANGEROUS CONDITIONS IT'S CREATING FOR THE PUBLIC.
AND THAT CONCLUDES MY TESTIMONY.
I AM AVAILABLE FOR 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 WITH UNSAFE AND DANGEROUS CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBITS ONE THROUGH THREE, WHICH INCLUDES STAFFS PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS THREE THROUGH THREE STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING REQUIRE THE OWNER OWNER'S REPRESENTATIVE TO COMPLETE THE FOLLOWING WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED, OBTAIN AND FINALIZE ALL NECESSARY.
PERMITS, DEMOLISH ALL PORTIONS OF THE RESIDENTIAL STRUCTURE AND REMOVE AS DEBRIS LEAVING THE LOT CLEANING RATE AND SEE REQUESTED INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, AUTHORIZED THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE RESIDENTIAL STRUCTURE, INCLUDING ANY ITEMS IN AND AROUND THE STRUCTURES AS DEBRIS AND DISPOSE OF IS SUCH B 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.
ALENE 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 CHAIR.
UM, I'LL GO AHEAD AND ADMIT AS STAFF EXHIBITS ONE, TWO AND THREE, INCLUDING THE PHOTOGRAPHS MARKED AS THREE, A THROUGH THREE E COMMISSIONERS QUESTIONS, COMMENTS, DISCUSSION MOTIONS.
UM, I HAD A QUESTION FOR THE CODE OFFICER.
SO THIS PROPERTY IS OWNED BY IT'S UNCLEAR WHO OWNS IT OR HAS THE OWNER RESPONDED IN ANY WAY TO THE PREVIOUS, UM, CITATIONS? NO, NO.
WE'VE HAD NO RESPONSE FROM THE PROPERTY OWNER.
WE BELIEVE THE ORIGINAL OWNER.
WHAT IS THE SEASON FROM THE FIRST FIRE.
I GUESS THIS A QUICK QUESTION.
THAT'S RELATED TO THAT AS WELL.
SO IN ONE OF THE REPORTS AFTER THE VISITS, THERE WAS A, THERE WAS SOME MENTION OF 18 ERRORS.
DID SOMEBODY COMMITTED COMMUNICATE THAT TO CODE INSPECTION? I'M SORRY.
I DIDN'T UNDERSTAND THE COMMENT.
THAT WAS A COMMENT, A NOTE IN THE REPORTS AND THE HISTORY SAYING THAT THERE WERE 18 ERRORS OF THE OWNER, BUT I WASN'T SURE WHETHER VELMA HARGROVE WAS MENTIONED IN THERE.
IS SHE ALIVE OR IS SHE DECEASED? DO YOU KNOW? SHE'S A DECEASED, SHE'S THE WIFE OF THE OWNER.
ALSO BOTH OF THEM ARE 15 AND THEY'RE 18 HEIRS.
THEY'VE ALL BEEN, WE'VE NOTIFIED THEM WITH NO, WE HAVEN'T HAD ANY CONTACT WITH ANY OF THE AIR.
AND THEN WE ALSO NOTIFIED ANOTHER PARTY THAT IT LOOKED LIKE PROP POSSIBLY THE PROPERTY WAS TRANSFERRED TO SOMEONE ELSE.
AND THEN IT WAS TRANSFERRED BACK.
WE WENT AHEAD AND NOTIFIED THAT OTHER PARTY, JUST IN CASE THEY DID HAVE SOME INTEREST IN THE PROPERTY.
AND THE OTHER PARTY WAS AN ENTITY.
COMMISSIONER SAY, SO WE DON'T KNOW WHO OWNS THE PROPERTY, WHO ARE THE HEIRS? HOW DO WE ASSESS ANY KIND OF, UM, PENALTY TO WHO WE DO KNOW THE ERRORS
[02:40:01]
THEY'VE ALL BEEN NOTICED.IF IT'S A $10,000 EXPENSE TO CLEAR THE PROPERTY, YOU DIVIDE THAT $10,000 EXPENSE BY 18 PEOPLE.
IF THEY NOT, IF SO, IF, IF, IF YOU WERE TO ISSUE A DEMOLITION ORDER AND THEY DID NOT DEMOLISH THE PROPERTY, THE HEIRS DIDN'T COME FORWARD AND DEMOLISH IT, THEN THE CITY WOULD DO THAT.
BUT THEN WHO PAYS THE CITY BED, ELAINE WOULD GO, IT WOULD JUST BE A LIEN AGAINST, OH, OKAY.
I FOUND THE BOARD CHERRIES FOR DISEASE, VELMA, ARLENE ADAMS, OUR GIRL AND JUDY LEAN HARGROVE DAUGHTER OF VILMA.
SO THROUGH THAT INVESTIGATION, I FOUND ALL THESE ERRORS.
UM, JAMES, DAVE ADAMS, JOHN ADAMS, IDA HOLIDAY SISTER, UH, CRYSTAL WOODS GRANDDAUGHTER.
SO THEY WERE ALL SENT NOTICES TO THAT.
HAVE AN INTEREST, AS YOU SAID, IT'D BE 10% OF A SELL.
THIS PROPERTY WOULD BE 10%, 20% THAT THEY WOULD ALL GET.
BUT WE JUST PUT, WE DEMO THE PROPERTY.
WE PUT A LIEN ON THE PROPERTY, JUST ONE BILL, UM, ACTUALLY THE FIRE CHIEF.
DID YOU HAVE ANYTHING TO ADD? YOU LOOK LIKE YOU, YOU DO, UM, BUGGY FROM THE FIRE MARSHAL'S OFFICE.
UM, SO THE SECOND BUYER WE HAD HERE IN AUGUST AT THIS LOCATION CAUSED SIGNIFICANT DAMAGE TO SOME OF THE BUSINESSES IN THE AREA AND SOME ADDITIONAL VEHICLES.
SO WITH THE STATE DESIGNED CURRENTLY WITHOUT A ROOF ON IT, ANY FIRE IN THAT AREA IS GOING TO PUT EMBERS OUT.
UH, AGAIN, THE ADJACENT BUSINESSES, UH, SUFFERED SIGNIFICANT DAMAGE FROM THAT SECOND FIRE AND SOME VEHICLES.
SO, UM, I THINK PROBABLY THE SOONER THAT WE CAN GET THIS CLEARED BECAUSE THE STRUCTURE STRUCTURE'S NOT SALVAGEABLE.
SO THE SOONER WE CAN GET IT CLEARED THE BETTER.
UH, I WOULD SAY I'M COMFORTABLE CLOSING IT AND I'D LIKE TO MAKE A MOTION TO ACCEPT STAFF'S RECOMMENDATIONS AND PROPOSED ORDER, BECAUSE I THINK THAT IF THE ASSESSMENT, WHATEVER IS ASSESSED TONIGHT, ATTACHES TO THE PROPERTY, WHETHER IT'S DEMOLISHED BY THE CITY, IT WILL STILL PASS ON TO THE RIGHTFUL OWNERS IN THE END.
AND SO THAT SHOULD BE A FAIR OUTCOME, UM, AS OPPOSED TO JEOPARDIZING THE NEIGHBORS, UM, SAFETY.
VERY WELL PUT, UH, DO WE HAVE A SECOND? OH, COMMISSIONER STILL STOCK.
SO AGAIN, I JUST LIKE THE SECOND COMMISSIONER TODAY'S MOTIONS.
UH, ALL IN FAVOR OF ADOPTING STAFFS STAFF'S RECOMMENDED ORDER, WHICH IS TO BASICALLY FOR THE PROPERTY OWNER TO DEMOLISH ALL STRUCTURES WITHIN 45 DAYS.
AND IF THEY DO NOT, THEN THE CITY WILL BEGIN PROCEEDINGS FOR THAT TO ACTUALLY DEMOLISH THE STRUCTURE ALL IN FAVOR, SAY AYE, AYE.
ANY OPPOSED? I DON'T SEE ANYONE AND IT APPEARS NO ONE ABSTAINED, SO THAT'S UNANIMOUS.
[3. Case Number: CL 2021-085126 ]
TO TALK BRIEFLY ABOUT ITEM NUMBER THREE.UH, MS. COREY, WE PROBABLY NEED YOUR ADVICE HERE.
SO WE HAVE A PROPERTY OWNER WHO WAS UNABLE TO MAKE IT THIS EVENING, AND WE'D LIKE TO GIVE THE PROPERTY OWNER THE OPPORTUNITY TO APPEAR NEXT MONTH, BUT I'M UNSURE IF WE NEED TO CONTINUE THE CASE TO DO THAT, OR CAN WE JUST MOVE IT TO NEXT MONTH'S AGENDA? I THINK WE WOULD NEED TO CONTINUE THE CASE.
AND FOR THAT WE WOULD ACTUALLY NEED A VOTE OF THE COMMISSION TO CONTINUE.
MS. ALLIE, DO YOU THINK IT WOULD BE HELPFUL IF THE COMMISSION UNDERSTOOD A LITTLE MORE ABOUT WHY THE PROPERTY OWNER COULDN'T MAKE IT THIS EVENING AND WHAT MIGHT CHANGE FOR NEXT MONTH? YEAH, SO YEAH, I'LL EXPLAIN THIS A LITTLE BIT AND I DON'T HAVE A GREAT UNDERSTANDING OF THIS, BUT, UM, IT LOOKS LIKE NEXT MONTH WE MAY HAVE A, AN ABILITY FOR PROPERTY OWNERS TO ATTEND REMOTELY.
AND THAT'S STILL BEING WORKED OUT BY THE CITY.
UM, THIS PROPERTY OWNER HAD SURGERY LAST MONTH.
HE COULDN'T FIND A DRIVER, HE CAN'T DRIVE HIMSELF.
UM, HE'S HAD SOME COMPLICATIONS FROM HIS SURGERY, BUT HE WAS STILL GOING TO TRY TO MAKE IT, BUT HE COULD NOT FIND HIM WHAT DRIVE HIM.
AND HE TRIED TO FIND TWO OTHER REPRESENTATIVE.
HE HAD GIVEN ME AUTHORIZATION FOR TWO OTHER PEOPLE TO REPRESENT HIM.
AND NEITHER ONE OF THEM COULD MAKE, COULD BE HERE TONIGHT.
SO HE WAS, UH, HE CALLED ME TODAY REALLY TRYING TO FIGURE OUT WHAT TO DO.
AND, UM, IT'S MY UNDERSTANDING THAT NEXT MONTH WE WILL HAVE AUTHORITY TO, UH, LET SOMEONE ATTEND REMOTELY.
[02:45:01]
THOUGHT IF WE COULD CONTINUE THAT CASE, THAT WOULD BE, UH, HE WOULD HAVE THE OPPORTUNITY TO BE HERE CHAIR.UH, SINCE WE HAVEN'T STARTED THE HEARING, IT'S ACTUALLY OKAY TO POSTPONE.
IF WE HAD STARTED, WE WOULD NEED TO CONTINUE IN VOTES.
CAUSE I WAS, I WAS THINKING TOO, IF WE WERE GOING TO CONTINUE, WE'D HAVE TO READ INTO THE, READ THE CASE NUMBER IN AND EVERYTHING, BUT WE HAVEN'T DONE THAT.
ITEM NUMBER THREE IS POSTPONED UNTIL NEXT MONTH'S AGENDA.
[FUTURE AGENDA ITEMS]
ITEM NUMBERS SEVEN, UNLESS I'VE MISSED YOU.ITEM NUMBER SEVEN ON THE AGENDA IS, UM, A DISCUSSION TO POSSIBLY HOLD A RETREAT IN THE NEAR FUTURE.
UM, AND I WOULD BROUGHT THIS UP LAST MONTH AND, UH, THERE WAS A LITTLE BIT OF DISCUSSION ABOUT IT.
AND THE CHAIR ASKED ME TO PUT THIS BACK ON THE AGENDA.
UM, IT WAS DECIDED INITIALLY TO PUT IT ON HOLD DUE TO COVID AND TO WAIT UNTIL SOME NEW COMMISSIONERS WERE IN PLACE.
UM, BUT AT SHERIFF FROGGER, FREIBERGER IS YOUR REQUEST.
WE'VE PUT THIS BACK ON THE AGENDA THIS MONTH.
SO CURRENTLY WE HAVE NINE COMMISSIONERS, AS WELL AS THE FIRE MARSHALL, WHO WERE NON-VOTING MEMBERS OF THE COMMISSION.
THERE ARE TWO ADDITIONAL SEATS THAT STILL REMAIN UNFILLED.
UM, SO IF WE INCLUDE THE TWO UNFILLED SEATS THAT WOULD STILL BE FIVE COMMISSIONERS WHO HAVE NOT ATTENDED TO BSC RETREAT, I LOOKED BACK TO SEE WHO HAD ATTENDED LAST TIME.
SO WE STILL HAVE FIVE PEOPLE THAT WOULD BENEFIT FROM THAT.
UM, I THINK WE WOULD ALL BENEFIT.
AND IN THE EVENT YOU DID DECIDE TO HELP HOLD A RETREAT.
I'VE PASSED AROUND SOME CALENDAR PAGES AND I INCLUDED THE DATES THAT WE SEND OUT NOTES.
WE SEND OUT NOTIFICATION JUST BECAUSE JAMES AND I ARE PRETTY TIED UP FOR A DAY OR SO RIGHT AROUND THAT TIME.
UM, BUT FOR YOU TO LOOK AT REGARDING, UH, DATES FOR THE NEXT, UH, I PUT OCTOBER, NOVEMBER, DECEMBER.
SO THAT'S JUST THE NEXT THREE MONTHS.
IF YOU COULD LOOK AT DATES OR WHEN YOU MIGHT, I MEAN, IT'S UP TO YOU, Y'ALL TALK ABOUT IT AS IT'S JUST A DISCUSSION, I THINK.
AND I, AND I DO WANT TO SAY A COUPLE OF THINGS ON THIS TOPIC.
UM, I I'VE FOUND FROM RETREATS IN THE PAST, IT'S REALLY BENEFICIAL JUST TO HAVE KIND OF A BIGGER UNDERSTANDING OF THIS IS WHY SOME THINGS ARE DONE LIKE THIS, OR THIS IS WHY THE STAFF IS MAKING THESE RECOMMENDATIONS.
YOU KNOW, IT DOESN'T MEAN WE ALWAYS HAVE TO FOLLOW THEM, BUT IT'S REALLY HELPFUL TO GET THAT BACKGROUND INFORMATION.
THE OTHER ITEM IS I KNOW THERE WAS A REQUEST TO GET SOME BACKGROUND INFORMATION IN AN EXECUTIVE SESSION ON A CASE THAT WAS HEARD IN JUNE.
AND, UM, THAT WOULD BE REALLY GOOD TO HAVE AT A RETREAT IN THAT KIND OF SETTING WHERE IT'S, YOU KNOW, IT, IT JUST FITS IN WITH THIS BACKGROUND INFORMATION AND EXPLAINING THINGS A LITTLE BIT FURTHER.
AND SO THAT'S WHY IT WAS BUMPED FROM THIS, THIS EVENING'S AGENDA.
SO, UM, THE OTHER THOUGHT THAT I HAVE TOO IS NOVEMBER IS PROBABLY THE BEST MONTH IN TERMS OF NOT INTERRUPTING THE FLOW, UH, THAT I KNOW MELANIE AND JAMES AND OTHER STAFF HAVE IN BETWEEN MEETINGS.
UM, IT APPEARS TO ME THAT WE HAVE A GOOD COUPLE OF WEEKS, YOU KNOW, SECOND AND THIRD WEEK IN NOVEMBER, BUT, UM, LET'S, LET'S HEAR WHAT EVERYONE ELSE ELSE HAS TO SAY ABOUT IT TOO.
UM, UM, SO I'VE NEVER BEEN TO ONE OF THESE, SO I'M NOT SURE ARE WE TALKING ABOUT, UM, HOW MUCH TIME AND IS IT LIKE DURING OUR REGULAR MEETING TIME OR WHAT EX WHAT ARE YOU TALKING ABOUT IT QUESTIONS? YES.
IN THE PAST, THESE HAVE BEEN DURING THE DAY, USUALLY ON A WEEKDAY AND THEY USUALLY A GOOD FOUR HOURS AND THEY OVERLAP WITH LUNCH.
WE THINK THAT'S PROBABLY NOT SUCH A GOOD IDEA DURING A PANDEMIC.
UM, AND THERE IS ALSO THE POSSIBILITY OF WE'D REALLY LIKE TO DO THIS IN A HYBRID TYPE OF MEETING TOO.
SO THAT COMMISSIONER IS STILL STATON GREEN COULD JOIN US AND POSSIBLY OTHERS AT THAT TIME.
UM, YOU KNOW, THERE, THERE ARE SEVERAL THINGS TO BE WORKED OUT HERE AND ALL OF THIS, YOU KNOW, ANYTIME WE MEET, WE NEED TO BE ABLE TO RECORD THOSE MEETINGS OR POSSIBLY EVEN BROADCAST THEM LIVE.
SO, UM, SO THERE'S THAT WHOLE OVERLAPPING LAYER OF WHAT, WHAT ROOMS, WHAT VENUES ARE AVAILABLE AS WELL.
BUT, YOU KNOW, IF THERE'S HUGE RESISTANCE TO HAVING THIS DURING THE DAYTIME, YOU KNOW, DURING TYPICAL BUSINESS HOURS, WE COULD POSSIBLY LOOK AT AN EVENING READING, ALTHOUGH EVENINGS ARE USUALLY PRETTY BOOKED UP AND CITY FACILITIES,
[02:50:02]
WE JUST HAVE TO FIND OUT WHAT'S AVAILABLE.I KNOW THERE WAS ONE ON 13TH STREET THAT'S AVAILABLE.
I W WHERE DO YOU ALL THINK, ARE THERE SPECIFIC DAYS THAT MIGHT WORK BETTER THAN OTHERS OR TIMES? UM, WE'RE ALSO THINKING AS OPPOSED TO A FOUR HOUR, YOU KNOW, BLOW OUT, EVEN IF WE COULD FIT IN A COUPLE OF HOURS, KIND OF A MINI RETREAT, THAT WOULD BE REALLY HELPFUL AS WELL.
AND THAT MIGHT BE EASIER FOR US TO BLOCK OUT.
MY ONLY THOUGHTS ARE WEAK THE SOONER, THE BETTER BEFORE PEOPLE START TRAVELING, OR BECAUSE PEOPLE WILL, I MEAN, THE VERDE STARTED TRAVELING AND HAVING FESTIVITIES AROUND THANKSGIVING AND STUFF.
SO THE SOONER IN NOVEMBER, THE BETTER IF WE CAN PULL THAT OFF AND, UM, DAYTIME IS PERFECTLY FINE IF EVERYBODY CAN ATTEND.
WELL, WE'LL BE ABLE TO DO THAT.
AND, UM, TO ANSWER YOUR QUESTION, THE RETREAT IS NICE BECAUSE THEY GIVE US A REFRESHER ABOUT, UH, OUR ROLES AND WHAT THE CODE ENFORCEMENT OFFICERS DO AND HOW THEY, UM, ANALYZE THE FILES AND REVIEW THEM.
SO THAT, THAT WAS HELPFUL FOR ME PERSONALLY.
SO I THINK IT'D BE NICE IF WE CAN HAVE THE OPTION FOR PEOPLE TO ATTEND VIRTUALLY OR IN PERSON.
AND IT, IT VERY WELL, IT MOST LIKELY WE WILL NEED TO HAVE A QUORUM IN PERSON JUST AS WE DO HERE.
I WAS JUST LOOKING AT, UH, NOVEMBER 9, 10, 11 TO 12 TO TUESDAY THROUGH FRIDAY.
IT'S, UH, I DON'T KNOW HOW BUSY EVERYBODY ELSE IS, BUT, UH, UM, THAT'S A TIMEFRAME I'M JUST SUGGESTING.
AND, UH, MAYBE EITHER SOMETHING LIKE A, UH, TEND TO, AND I GUESS WE'RE NOT GONNA DO LAUNCH, UH, UM, UH, 10 TO 12 OR A TWO TO FOUR, UH, SOMEPLACE WHERE WE CAN SOCIAL DISTANCE THROUGH THAT.
UM, GET A LITTLE BIT OF A PLANNING DONE.
AND THERE WAS, THERE WAS SOME MENTION OF A LARGER ROOM POSSIBLY AT THE CODE BUILDING.
IS THAT CORRECT? NOW, IF WE HAVE TO, IF WE, IT HAS TO BE RECORDED OR I DON'T KNOW WHAT THE, YOU KNOW, WHAT THE REQUIREMENTS ARE ABOUT, WHETHER IT HAS TO BE RECORDED OR VIDEOTAPED, UM, DOES HAVE TO BE TELEVISED.
I MEAN, THOSE KIND OF QUESTIONS, I GUESS.
I DON'T KNOW IF LAUREN CAN ANSWER THAT QUESTION, BUT, UM, THAT MIGHT DETERMINE WHAT ROOM WE CAN USE.
UH, SO WE CAN'T ALL THOSE A WORK GROUP AND SPENT A MEETING.
I THOUGHT THERE WAS A WORKSHOP OR SOMETHING LIKE THAT THAT WOULD ALLOW US TO, UM, BE A LITTLE MORE CANDID, UM, OR SOMETHING LIKE THAT.
WHAT WAS THAT? UH, SO A WORKING GROUP, WE WOULD BE LIMITED TO, WE WOULD HAVE TO STAY UNDERNEATH QUORUM TO AVOID CALLING A OFFICIAL MEETING.
UM, YES, THAT'S, MYSOLINE OKAY.
THERE'S A LINK WITH A LOT DEPARTMENT.
WE'LL HAVE TO LOOK AT THE LOGISTICS FOR IF THERE NEEDS TO BE RECORDING.
IF IT IS A LARGE ENOUGH SPACE, IF ALL OF THE COMMISSIONERS ARE COMFORTABLE BEING IN THAT SAME SPACE, IF IT IS LARGE ENOUGH AND SO DIFFERENT ELEMENTS LIKE THAT, WE'LL HAVE TO WORK WITH STAFF ON AND WE'LL WORK WITH THE CITY CLERK'S OFFICE AND CTM AND ALL OF THOSE GROUPS.
SO IT SOUNDS LIKE IT WOULD BE HELPFUL IF WE HAD TWO OR THREE OPTIONS OF TIMES THAT MIGHT WORK WELL, AND THEN WE CAN WORK OUT THE LOGISTICS BEHIND THE SCENES.
UM, WHAT ONE ON COMMENT THURSDAY, NOVEMBER 11 MIGHT, UH, MIGHT BE, UH, VETERAN'S DAY OR, UH, ON THURSDAY CITY OF AUSTIN'S CLOSET.
YEAH, THAT'S A CITY HOLIDAY, SO WE WILL NOT BE WORKING THAT DAY.
I UNDERSTAND THAT THAT THAT'S APPROPRIATE.
COMMISSIONER, SO SAID, YOU SAID WEDNESDAY.
MY ONLY COMMENT IS THAT I CAN BE VERY FLEXIBLE IN TERMS OF, UM, THE DAY OF THE TIME.
UH, I CAN DO, UH, PRETTY MUCH ANY DAY EXCEPT ON AN ACTUAL HOLIDAY.
AND, UH, UH, I CAN DO, UH, UH, I, I CAN HOLD A DAY OR A NIGHT.
MY ONLY LIMITATION CONTINUES TO BE THAT I DON'T PLAN TO ATTEND IN PERSON.
SO IT WOULD NEED TO BE HYBRID.
I, I, YOU KNOW, EVEN WITH, UM, EVEN WITH SOCIAL DISTANCING, I'M NOT, I'M NOT READY TO DO IT THAT WAY YET, SO I NEED TO BE ABLE TO APPEAR REMOTELY.
[02:55:01]
I'M FLEXIBLE.DID YOU HAVE SOMETHING TO SAY A MINUTE OR TWO AGO? OH, YOUR MICROPHONE MICROPHONE.
I THINK WE WENT TO HEADQUARTERS, IS THAT RIGHT? AND THAT WAS REALLY NICE.
THERE IS A ROOM DOWNSTAIRS IN THE SAME BUILDING THAT IS PART OF HR, AND IT'S A HUGE ROOM THAT WE'VE USED FOR SOME OF OUR QUARTERLY MEETINGS.
AND THAT'S A BIG, NICE, BIG ROOM THAT WE COULD POSSIBLY USE.
UM, I GUESS WE'D STILL HAVE TO CHECK INTO THE LIST.
JUST IT'S ABOUT RECORDING AND RIGHT.
UH, WHAT ARE THOSE REQUIRED? RIGHT.
AND IF WE'RE ABLE TO DO A HYBRID MEETING AND ALL OF THAT, AND YEAH.
YEAH, NO, I'M SORRY TO DOUBLE DIP, BUT I, IT OCCURS TO ME TO SAY FOR THOSE WHO HAVEN'T BEEN TO ONE OF THESE, I, I WAS A LITTLE, UH, I WAS A LITTLE SKEPTICAL, BUT, UH, YOU KNOW, FANTASTIC.
UH, YOU JUST GET A LOT OF INFORMATION FROM STAFF.
UM, SO ANYBODY WHO'S ON THE FENCE ABOUT, YOU KNOW, WHETHER THEY THINK THIS IS WORTH DOING, IT'S ABSOLUTELY WORTH DOING ENCOURAGE ANYONE WHO HASN'T BEEN IN ONE OF THESE RETREATS TO ATTEND.
SO I JUST WANT TO PUT THAT OUT THERE.
SO I TEACH ON TUESDAYS AND THURSDAYS, SO I'M IN THE AFTERNOONS, BUT SO FOR ME, MONDAY, WEDNESDAY, OR FRIDAY WOULD BE IDEAL.
WELL, I'M HEARING WEDNESDAY FROM A LOT OF PEOPLE SEEMS TO WORK.
I DON'T KNOW IF FRIDAY IS AN ABSOLUTE, NO STARTER FOR SOMETHING OUTSTANDING OBLIGATION EVERY TUESDAY AFTERNOON THAT I CAN'T.
UM, SO I CAN'T, TUESDAY AFTERNOONS ARE NOT GOOD FOR ME.
I'M HEARING, YOU KNOW, POSSIBLY WEDNESDAY, THE 10TH OR FRIDAY THE 12TH.
UH, IT LOOKS LIKE WE COULD MAKE A MORNING BLOCK, YOU KNOW, 10 TO 12 WAS RECOMMENDED OR AN AFTERNOON, TWO TO FOUR WOULD ALSO PROBABLY WORK BETTER FOR ME, I'D SUGGEST, UH, PROVIDING TWO OPTIONS, UH, SO THAT, UH, WE, UH, DON'T LOCK OURSELVES IN THURSDAY MORNING OR WEDNESDAY MORNING, FRIDAY AFTERNOON, OR VICE VERSA.
I DON'T KNOW THAT WE NEED TO VOTE ON ANYTHING RIGHT HERE, BUT, UH, MELANIE'S TAKING NOTES RIGHT NOW.
SO, SO WE'LL LOOK AT THAT THE 10TH AND THE 12TH RIGHT NOW.
ARE THERE ANY OTHER DATES YOU WANT ME TO LOOK AT? CAUSE WE, UM, AS WELL, I'VE LOOKED AT THE NECK.
WE COULD LOOK AT THE NEXT WEDNESDAY.
IS THAT WHAT YOU'RE SUGGESTING? POSSIBLY FROM 10 TO TWO OR, OR POSSIBLY TWO TO FOUR IN THE AFTERNOON? NOT TRUE.
I'M AFRAID TO DO THAT FRIDAY BEFORE THANKSGIVING WEEK, SO, OKAY.
SO EITHER THE 10TH, THE 12TH OR THE 17TH, 10, PROBABLY LIKE A TWO HOUR, I THINK THAT GIVES US SOMETHING TO WORK WITH AND I CAN DO SOME RESEARCH AND THEN REPORT BACK NEXT MONTH AND WE CAN EXCELLENT.
AND YOU CAN VOTE THE NEXT MONTH WE MEET ON THE 27TH, THE CHAIR.
DO YOU HAVE A PREFERENCE FOR TIME? DOES IT, CAN I GET A CONSENSUS IF PEOPLE WOULD RATHER DO MORNING OR AFTERNOON? UM, I WOULD PROBABLY PREFER THAT 10 TO 12, BUT I'M NOT, I WOULD PREFER THE 10 TO 12, BUT I'M NOT LOCKED INTO IT.
DOES ANYONE ELSE HAVE A PREFERENCE EITHER WAY? UM, I DON'T CARE EITHER ANY BLOCK OF A COUPLE HOURS.
I MEAN, I THINK IF YOU WERE PRESENTED WITH A FEW OPTIONS, WE CAN ALL THEN INDICATE WHETHER WE CAN BE THERE.
WELL, I WILL REPORT BACK NEXT MONTH ON THAT.
AND THEN I GUESS NOW WE'RE READY FOR FUTURE AGENDA ITEMS. YES.
SO WE HAD, UH, AT LEAST ONE PERSON DURING THE CITIZENS COMMUNICATION WHO WAS REQUESTING A PROPERTY BE PUT ON A FUTURE AGENDA.
THAT WAS, UH, CHRIS RILEY REGARDING 7 0 7 WEST 14TH STREET.
UH, IS THERE ANY REASON WHY WE COULDN'T PUT THAT ON NEXT MONTH AGENDA? NO, THAT'S A IT'S HE'S ASKING FOR PENALTY.
SO YES, LET'S PUT IT ON NEXT MONTH'S AGENDA.
[03:00:01]
THEN YOU ALSO HAVE 1200 EAST SIXTH STREET COMING BACK.YOU HAD HEARD IT IN, ON THE MAY AT THE MAY 26 MEETING.
AND YOU ASKED THEM TO RETURN IN OCTOBER? YES.
SO WE'LL, WE DO WANT TO HEAR FROM THEM.
UM, UM, AND I BELIEVE THEN WE, WHAT ABOUT, UM, THE EAST CHASE THAT WE DID NOT HEAR TODAY? ITEM NUMBER THREE.
SO THOSE WERE BOTH CONTINUED CASES OR ACTUALLY 14 STREETS RETURNING, UH, 12TH STREET.
YOU NO, NOT CONTINUED WAS JUST, IT JUST GOT MOVED.
I REALIZED I DID NOT ADMIT ALL THE EXHIBITS EARLIER IN THE MEETING, SO TOO LATE FOR ME TO DO THAT.
I BELIEVE THERE WERE EXHIBITS FOR, I DON'T KNOW THAT THERE WERE ANY FOR NUMBER ONE THAT NEEDED TO BE, YOU ADMITTED YOU DID HAVE A STAFF EXHIBITS FOR THE, FOR THE FIRST APPEAL.
AND I'M NOT SURE IF THOSE WERE ADMITTED NOW.
THEY WERE NOT, I, I DIDN'T REALIZE IT UNTIL WAY TOO LATE.
AND JUST STAFF EXHIBITS ONE AND TWO.
I'LL GO AHEAD AND BIT STAFF EXHIBITS ONE AND TWO FOR CASE NUMBER OH, L 2020 1, 1 0 8 3 5 7.
AND THEN I BELIEVE THERE WERE EXHIBITS FOR, UM, ITEMS NUMBER FOUR AND FIVE, A LOT OF EXHIBITS.
WELL, SOME OF THEM WE HAD ALREADY SEEN, SO IT WAS PROBABLY JUST EXHIBITS.
YOU WOULD HAVE BEEN, UH, 1, 2, 3, 5, 6, 7, AND EIGHT WOULD BE THE STAFF EXHIBITS.
I'LL GO AHEAD AND ADMIT STAFF EXHIBITS FIVE.
JAMES HAS NOTED THAT YOU DID ADMIT THOSE FOR ITEMS FOUR AND FIVE.
UM, AND I HAVE THAT NOTED ALSO.
SO WE'LL DISCUSS RETREAT DATES ALSO.
SO THAT'S WHAT I HAVE IS EAST SIXTH STREET, 707 WEST 14TH STREET.
UM, 3004 AND WEST 14TH STREET WOULD BE RETURNING FOR PENALTY RELIEF.
AND THEN WE HAVE 3004 EAST 12TH STREET.
RICHARD JUST GOT POSTPONED TO NEXT MONTH.
AND THEN DISCUSS RETREAT DATES OR ANY OTHER DISCUSSION ITEMS OR NOT THAT I'M AWARE OF RIGHT NOW.
UM, I CAN'T SAY HOW GOOD IT IS TO SEE EVERYONE IN PERSON.
IT'S IT IS, IT IS IN A GOOD WAY, BUT YEAH, IT'S BEEN TOO LONG, SO, SO HOPEFULLY WE'LL BE, HAVE A LITTLE, WE'LL BE BETTER ORGANIZED NEXT MONTH.
WELL, WE'LL GET BACK IN THE, IN THE HANG OF THINGS HERE WITH THAT MEETING IS ADJOURNED.
THE TIME IS, OH, THE TIME IS 9 51.
AND THANK YOU TO THE CITY STAFF CODE OFFICIALS, FIRE MARSHAL, EVERYONE.
WE, WE APPRECIATE YOUR EFFORTS AND ALL YOUR WORK.
UM, WHEN WE APPRECIATE IT, WHEN WE VOTE FOR YOUR RECOMMENDATION, THEN WHEN WE VOTE AGAINST YOUR RECOMMENDATION, WE ALWAYS APPRECIATE IT.
GLAD TO SEE EVERYONE IN PERSON AND YOU NEED THOSE EXHIBITS.