[00:00:05]
WELCOME TO THE BUILDING AND STANDARDS COMMISSION, UH, BEFORE WE EVEN GET GOING.
IS IT OKAY FOR ME TO CONTINUE SPEAKING WITH MY MASK ON? IS THERE ANY, DOES IT SOUND ALL RIGHT, JEFF? YOU'RE ASKING ME YES.
YOU PROBABLY HAVE THE BEST OPINION HERE.
[CALL TO ORDER]
I CALL THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR OCTOBER 27TH, 2021.LET THE RECORD REFLECT THAT THE TIME IS 6 37.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
WILL THE OTHER COMMISSION MEMBERS PRESENT TONIGHT? PLEASE STATE YOUR NAMES.
UM, WE'LL START WITH THE END HERE, PLEASE.
UM, THE END WORDY THOMPSON, BOB AND WE'RE DISTRICT GATE.
DID YOU GET IT? IT'S THE, UH, LET'S SAY SECOND FROM THE BOTTOM AT GRIFFITH HERRERA DISTRICT DATE, EDWARD SELIG WITH DISTRICT 10
AND IT APPEARS THAT WE DO NOT YET HAVE COMMISSIONER GREEN.
UM, BUT HOPEFULLY HE WILL JOIN US SHORTLY RIGHT HERE.
AND CHAIR BELIEVED MR. TOM FOCI IS ONLINE.
OKIE, IF YOU COULD INTRODUCE YOURSELF TO PLEASE TOM BULKY FIRE MARSHALL.
COULD YOU INTRODUCE YOURSELF MR. GREEN, DISTRICT FOUR.
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 THIS EVENING, BECAUSE WE ARE IN A PANDEMIC THAT WOULD INCLUDE KEEPING YOUR MASK ON UNLESS YOU ARE SPEAKING, WHICH TIME YOU ARE WELCOME TO REMOVE YOUR, YOUR MASK.
UM, IF YOU FEEL MORE COMFORTABLE DOING SO, THE COMMISSION'S COORDINATOR, MELANIE ALLIE, WE'LL CALL EACH CASE ON THE AGENDA.
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, 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, WITNESSES, YOU WILL 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 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 PARTIES, 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.
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, THIS EVENING TESTIFY UNDER OATH, ANY PERSON THAT WANTS TO TESTIFY IN ANY CASE BEFORE THE COMMISSION, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
DO EACH OF YOUR 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.
IF THERE IS NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
BEFORE WE BEGIN THE CASES, COULD WE, UH,
[APPROVAL OF MINUTES]
UM, APPROVE THE MINUTES FROM THE SEPTEMBER 22ND MEETING? YES.HAS EVERYONE HAD A CHANCE TO TAKE A LOOK AT THE MINUTES?
[00:05:02]
OKAY.WOULD ANYONE LIKE TO MOVE FOR APPROVAL? UH, I MOVE, WE APPROVE THE MINUTES.
COMMISSIONER MILLER ANY SECOND OR? OKAY.
ALL IN FAVOR OF APPROVING THE MINUTES FROM THE SEPTEMBER MEETING, SAY AYE.
AND DO WE HAVE ANYONE HERE FOR A CITIZENS COMMUNICATION? OH, YOUR MICROPHONE IS NOT ON, NOT THAT I KNOW OF.
I HAVE NOT RECEIVED ANY, I GUESS ONCE I BROUGHT YOU SOME CARDS, IF THERE ANYBODY SIGNED UP, RIGHT.
THEY'RE ALL FOR ITEMS THAT ARE ON THE AGENDA.
[1. Case Number: CL 2021-085126 Property address: 3004 E. 12th Street / Owner: Magnolia Christian Church Staff presenter: Willis Adams Staff recommendation: Demolish commercial structure]
SO I'LL START WITH THE FIRST CASE.FIRST ON THE AGENDA FOR THE COMMISSION'S CONSIDERATION IS CASE NUMBER 20 21 0 8 5 1 2 6.
HE ADDRESSED FOR THIS CASE IS 3004 EAST 12TH STREET.
IT IS THE ORANGE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT A VACANT COMMERCIAL STRUCTURE WITH STRUCTURED SERIOUS STRUCTURAL CONDITIONS.
THE DILAPIDATED STRUCTURE HAS LARGE HOLES IN THE ROOF, AND IT HAS REMAINED IN THE SAME CONDITION FOR MANY YEARS.
THE STRUCTURE HAS BEEN NEGLECTED AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS, WHICH REQUIRES DEMOLITION.
ALTHOUGH THIS CASE HAS APPEARED ON THE PAST FIVE AGENDAS DUE TO UNFORESEEN CIRCUMSTANCES, THE CASE IS BEING HEARD FOR THE FIRST TIME TONIGHT AND SHARE, I BELIEVE THERE ARE SOME PEOPLE HERE TO REPRESENT THE PROPERTY.
UM, ANYONE WHO HAS BEEN SIGNED IN, OKAY, NO ONE HAS SIGNED HIM FOR THAT.
AND MR. CHUNG OR, UH, UNLESS, YOU KNOW, UNLESS SOMEONE IS IN THE AUDIENCE AND DID NOT SIGN IN, OKAY.
IN YOUR READERS OR GOOGLE DRIVE FOLDERS.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT IN CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD VERIFIES COMPLIANT OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS AND, AND DISCUSS THE VIOLATIONS AS DEPICTED INSPECTOR ADAMS. PLEASE BEGIN YOUR TESTIMONY.
YOU'RE GOING TO BE RIGHT THERE.
THAT'S A GOOD, UH, MY NAME IS WILLIS ADAMS. I AM THE ASSIGNED COLD OFFICER FOR THIS CASE, A 3004 EAST 12TH STREET.
UH, THIS CASE WAS ORIGINALLY CALLED IN, IN AUGUST OF 2018.
I WAS NOT THE INITIAL INSPECTOR THAT WAS ASSIGNED THE CASE.
I RECEIVED IT, UH, LATER, UM, IN, UH, 20 SEPTEMBER, 2020.
HOWEVER, AT THE TIME I RECEIVED THE CASE, UH, THE DEFICIENCIES, UH, IN VIOLATIONS THAT WERE ADDRESSED BY THE FIRST INSPECTOR I FOUND TO BE CONSISTENT, WHAT I FOUND ON MY FIRST INITIAL INSPECTION AND THAT CONSISTED OF, UH, WALL EXTERIOR WALL DAMAGE, UH, ROOF DAMAGE, A MAJOR HOLE TOOLS IN THE ROOF.
UH, THE ROOF, UH, HAS SOME IT'S SINKING IN SOME AREAS, UH, FACIAL BOARDS, UH, SOFFIT DAMAGE, IMPOSSIBLY, UH, INTERNAL, UH, RIDGE BOARDS AND CEILING.
JOYCE MAY ALSO BE AFFECTED BY THIS, UH, DANGEROUS ROOF.
UM, ALSO I FOUND THE MAIN STRUCTURE.
THE LARGE STRUCTURE HAD NO ID, NO ADDRESS ON IT.
UH, ALSO THE WINDOWS WERE DAMAGED AND BROKEN AND DOORS WERE NOT FUNCTIONING.
UH, THE BUILDING IS IN CLOSE PROXIMITY TO NEARBY SCHOOLS, CHURCHES, AND ADJACENT TO A RESIDENTIAL AREA.
UH, THERE ARE CURRENTLY NO BUILDING PERMITS OR PLAN REVIEWS TO RENOVATE THIS STRUCTURE.
THE STRUCTURE IS FENCED AND THERE ARE NO TRESPASSING SIGNS POSTED.
I WILL SAY THAT THEY HAVE MAINTAINED MAINTENANCE ON CUTTING THE GRASS AND REMOVING TRASH AND WEEDS.
UM, THERE'S ALSO NO ACTIVE ELECTRICAL SERVICE CURRENTLY.
UH, I HAVE TAKEN SOME RECENT PHOTOS AND I LIKE TO SHOW THOSE EXHIBITS.
NOW, IF WE HAVE THEM, TWO-WAY IS A CONTEXTUAL PICTURE.
UH, THIS PROPERTY SITS BACK OFF OF EAST 12TH STREET.
SO YOU BASICALLY HAVE TO TAKE PICTURES FROM THE SIDEWALK.
AND SO THEY CAN SEE THIS A CONTEXTUAL PICTURE AT THE VERY TOP OF THAT STRUCTURE.
YOU CAN SEE A HOLE IN THE ROOF.
I SHOWED THE PRIVATE PROPERTY SIGN THAT'S, UH, LISTED ON
[00:10:01]
THE FENCE, NO TRESPASSING.SO I CAME IN THERE INSIDE THAT FENCE LINE.
THIS LIGHT INDICATES THE PROXIMITY TO A SCHOOL ZONE.
AND THIS, AGAIN, THIS IS A ADJACENT TO A RESIDENTIAL AREA ON EAST, UH, EAST 13TH STREET.
THIS IS A MUCH CLOSER VIEW OF THE STRUCTURE.
YOU CAN ACTUALLY SEE THE HOLE IN THE ROOF.
UH, YOU CAN SEE BOARDS HANGING OFF THE, THE, UH, THE, UH, OVERHANGING EXTENSION.
AND THERE IS SOME SOFFIT DAMAGE, UH, TREMENDOUS AMOUNT OF GRIEF, FEET GRAFFITIS ON THE BUILDING.
AND OBVIOUSLY IT'S DEFINITELY IN NEED OF REPAIR.
AS YOU CAN SEE THE RIGHT EDGE OF THE BUILDING AS TO, UH, EDGE BOARDS OR EXTENSION BOARDS HANGING OFF, UH, THEY COULD PIGEON POTENTIALLY FALL AFTER A WHILE.
THIS IS THE REAR OF THIS STRUCTURE.
I WAS ABLE TO ACCESS THIS PHOTOGRAPH FROM A RESIDENTIAL PROPERTY ON EAST 13.
UH, THE OWNER HAD NOT SEEN ANY HOMELESS ACTIVITY, BUT HE DID OBSERVE SMALL MAMMALS GOING IN POSSUMS, RACCOONS, AND SUCH.
THE TREE IS ALSO GROWING INSIDE OF THAT BUILDING IS COMING OUT THE ROOFTOP.
YOU CAN SEE A HOLE RIGHT THROUGH THE ROOF.
AND, UH, THIS IS, UH, ON COURSE ON THE, UH, I WOULD SAY THE NORTH SIDE OF THE PROPERTY.
THIS IS THE VIEW FROM THE FRONT OF THE GENTLEMAN'S HOUSE ON HIS 13TH.
AND THIS IS A VIEW THAT PEOPLE ACROSS THE STREET CAN SEE WHEN THEY'RE GOING DOWN THIS.
SO IS THE CLOSE PROXIMITY ALSO TO HIS HOME OF THIS BUILDING.
THIS IS THE, UH, WEST SIDE OF THE STRUCTURE.
AGAIN, YOU CAN SEE THAT THE WALL ON THAT SIDE AS MISSING BOARDS, IT IS OPEN WHERE SOMEONE COULD GET INSIDE IF THEY, THEY, IF THEY WANT TO IT'S IT'S, THE WALL IS ACTUALLY BEEN DAMAGED ON IN MANY PLACES.
AND THIS IS FROM THE ADJACENT STREET SHOWING THE OPENING THERE ON THE SIDE OF THAT WALL.
AGAIN, THIS IS ANOTHER CONCEPTUAL PICTURE OF THAT SIDE.
UH, YOU CAN SEE THE HOLE AND DECIDE TO HOLD IN THE ROOF OR TAKING OFF, UH, THE EXTENSION OF THAT ROOF AND SOME DEPRESSIONS IN THAT ROOF AS WELL.
AND THAT CONCLUDES THE PHOTO PRESENTATION.
I WOULD LIKE TO SAY IN CONCLUSION THAT THIS PROPERTY PRESENTS A NUISANCE, UM, THERE IS A POTENTIAL FIRE RISKS AND SAFETY RISKS WITH WINTER APPROACHING.
THERE IS GOING TO BE SOME ACTIVITY FOR HOMELESS ACTIVITY IN THIS BUILDING.
THEY'RE GOING TO NEED A PLACE TO FIND SHELTER, AND THAT BUILDING IS ACCESSIBLE IF THEY GET THROUGH THAT FENCE, WHICH YOU CAN SEE THERE'S AN OPENING IN THE FENCE YOU CAN GET THROUGH THERE.
THAT CONCLUDES MY TESTIMONY AND I'M OPEN TO ANY QUESTIONS.
AND CHAIR, I BELIEVE WE HAVE SOME SPEAKERS.
UM, THANK YOU, INSPECTOR ADAMS. SO I BELIEVE WE HAVE MAYBE MR. SALINAS AND A MR. CHUNG OR CHANG, IS THAT CORRECT? CAN I GO IN AND READ THE BRITTANY THAT WE NEED TO HEAR? UM, ACTUALLY I'D LIKE TO GO AHEAD AND SWEAR THEM IN AND THEN, UM, YOU'RE RIGHT.
AND THEN LET'S GO AHEAD AND HAVE YOU READ THE RECORD IF THAT'S OKAY.
UH, ALL WITNESSES WILL TESTIFY UNDER OATH THIS EVENING.
SO, UH, MR. SALINAS AND MR. CHUNG, IF YOU WOULD LIKE TO PRESENT, OKAY.
IF YOU LET ME FIND MY OATH, IF YOU WOULD PLEASE STAND, DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
IF SO, PLEASE SIGNIFY BY SAYING I DO.
AND, UH, WE WILL HEAR FROM YOU IN JUST A MINUTE.
THANK YOU FOR, FOR BEING HERE.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE AND IS CONSIDERED UNSAFE WITH SUBSTANDARD CONDITIONS.
STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO, I STAFF ALSO REQUESTS THAT THE COMMISSION ADOPTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING ONE REQUIRE THE OWNER COMPLETE THE FOLLOWING
[00:15:01]
WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED A OBTAIN AND FINALIZE ALL NECESSARY PERMITS, BE DEMOLISH ALL PORTIONS OF THE COMMERCIAL STRUCTURE AND REMOVE ITS DEBRIS, LEAVING THE LOT CLEANING RATE AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, A AUTHORIZE THE CODE OFFICIAL TO PROCEED WITH DEMOLITION AND TO CONSIDER ALL PORTIONS OF THE COMMERCIAL STRUCTURE, INCLUDING ITEMS IN AND AROUND THE STRUCTURE AS DEBRIS AND DISPOSE OF AS SUCH AND BE THE PROPERTY OWNER SHALL BE ON NOTICE THAT THE CODE OFFICIAL IS AUTHORIZED TO ASSESS ALL EXPENSES INCURRED AGAINST THE PROPERTY UNLESS EXEMPTED BY THE TEXAS CONSTITUTION, A LIEN FOR THOSE EXPENSES MAY BE FILED BY THE CITY OF AUSTIN AND RECORDED WITH THE TRAVIS COUNTY DEED RECORDS, INTEREST SHELLA CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL AND CHAIR.CAN YOU ADMIT THE EXHIBIT? YES.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS ONE AND PHOTOGRAPHS MARKED TWO EIGHT THROUGH TO I, OKAY.
THE, UH, PROPERTY REPRESENTATIVES ARE HERE.
UM, IF YOU WOULD LIKE TO COME DOWN TO THE MICROPHONE AND IF YOU WOULD PLEASE INTRODUCE YOURSELF FOR THE RECORD AS WELL.
MY NAME IS LAWRENCE CHANG I'M ATTORNEY FOR MAGNOLIA CHRISTIAN CHURCH.
UH, YOU KNOW, I, I, THE REASON THAT THE BUILDING IS THE WAY IT IS, IT'S BEEN THAT WAY SINCE 2013, UH, THE ROOF COLLAPSED.
AND AT THAT TIME, THE CHURCH LOOKED TO SELL THE LAND SO THAT THEY COULD BUY ANOTHER PIECE OF PROPERTY TO CONTINUE THEIR MINISTRY.
THAT'S BEEN REPRESENTED TO ME.
AND I DON'T KNOW IF THIS IS TRUE OR NOT, CAUSE I NEVER ACTUALLY LOOKED INTO IT.
BUT THE PASTOR REPRESENTED TO ME THAT MAGNOLIA CHRISTIAN CHURCH IS A HISTORIC AFRICAN-AMERICAN CHURCH IN AUSTIN.
AND SO THE REASON THAT NOTHING HAS BEEN DONE IS BECAUSE THEIR PROPERTY HAS BEEN UNDER LITIGATION SINCE 2015.
AND SO BASICALLY WHAT'S HAPPENED IS A PROSPECTIVE BUYER, UH, ENTERED INTO CONTRACT IN 2013 TO PURCHASE THE LAND.
HE DECIDED NOT TO PURCHASE THE PROPERTY THREE YEARS LATER AFTER THOSE TITLE ISSUES WERE CLEARED AND THE PROPERTY WAS WORTH CONSIDERABLY MORE, HE DECIDED TO SUE TO TRY TO ENFORCE THAT CONTRACT.
AND SO IT WENT THROUGH THE TRAVIS COUNTY COUNTY COURTS.
THEY WENT ALL THE WAY THROUGH A JURY TRIAL.
UH, WE, I APPEALED THAT DECISION AND THE APPELLATE COURT FOUND THAT THE, UH, COUNTY COURT DID NOT HAVE JURISDICTION.
UNFORTUNATELY THEY REFILED THE SAME CLAIM AGAIN IN DISTRICT COURT.
AND SO, UH, YOU KNOW, I BELIEVE THE LAW IS ON OUR SIDE.
THEY'RE WELL OUTSIDE THEIR STATUTE OF LIMITATIONS, THEY HAVE NO DEFENSE THAT WOULD TOLL THEIR, UH, DEFENSE, BUT YOU KNOW, A TRAVIS COUNTY DISTRICT COURT JUDGE SAID THAT THEY BELIEVE THAT THEY DO HAVE JURISDICTION.
AND SO RIGHT NOW THE DECISION IS TO EITHER PROCEED TO TRIAL, WHICH MIGHT BE FOUR OR FIVE MONTHS FROM NOW, OR TO JUST APPEAL.
AND I DO BELIEVE APPEALING WOULD BE MUCH MORE STRAIGHT FORWARD BECAUSE THE LAW ON THIS ISSUE IS A CLEAR CUT.
AND SO WHILE I RECOGNIZE THAT THE TESTIMONY FROM THE OFFICER EARLIER IS TRUE, THAT, YOU KNOW, THERE IS A HOLE IN THE ROOF IT'S PROBABLY DANGEROUS FOR THAT STRUCTURE TO BE THERE.
UM, YOU KNOW, IT HAS BEEN, UH, SEVEN YEARS AT LEAST, UH, WITH THAT STRUCTURE THERE IN ITS CURRENT CONDITION.
AND TO MY KNOWLEDGE, AT LEAST I HAVEN'T HEARD OF ANYONE BEING HURT OR ANY OF THE OTHER THINGS, WHICH I ADMIT ARE POTENTIAL DANGERS OF THAT STRUCTURE BEING THERE.
UM, BUT YOU KNOW, I GUESS WHAT I'M HERE ASKING FOR TODAY IS MAYBE JUST SOME MORE TIME TO TRY TO FIGURE OUT, UH, HOW TO END THIS LITIGATION BECAUSE THE LAND DOES HAVE SIGNIFICANT VALUE.
UM, IT IS THE ONLY ASSET OF THE CHURCH AND THE CHURCH WOULD LIKE THE OPPORTUNITY TO, UH, CLEAR THAT BUILDING.
OR IF THEY DECIDE TO CONTINUE THEIR MINISTRY, MAYBE SELL ONE PLOT OF LAND AND REPAIR THAT BUILDING.
AND SO, YOU KNOW, LIKE I SAID, I RECOGNIZE THAT THERE IS A DANGER, THEY ARE RECOGNIZED THAT IN ITS CURRENT CONDITION, UH, MOST LIKELY SHOULD BE TAKEN DOWN AS A NUISANCE.
UM, BUT GIVEN THE PAST SEVEN YEARS OR SO OF NOTHING BAD HAPPENING AND THERE, THERE HAVE BEEN SOME REPAIRS, I THINK THERE WAS TESTIMONY THAT THE FENCE WAS BROKEN.
I THINK MR. SALINAS CAN TESTIFY THAT HE'S REPAIRED THAT I DON'T REMEMBER WHEN HE'S DONE IT, BUT THAT'S WHAT HE WAS TELLING ME JUST NOW I'M JUST ASKING FOR A SHORT EXTENSION, UH, JUST TO SEE IF WE CAN FINISH OUT THIS LITIGATION, MAYBE SETTLE IT AND ALLOW THE CHURCH TO TAKE CARE OF THIS PROBLEM ON THEIR OWN.
AND SO, UM, YOU KNOW, I GUESS GIVEN, I GUESS ONE OF THE CONCERNS RAISED WAS THAT WINTER IS COMING UP, BUT GIVEN THE 46 DAY WINDOW, AND THE FACT THAT, TO MY KNOWLEDGE, IT'S ABOUT A SIX MONTH WAITING LIST FOR DEMOLITIONS UNDER THE CITY OF AUSTIN TO OCCUR.
ANYWAY, WE'RE GOING TO BE OUT IN JULY OF NEXT YEAR BEFORE THAT DEMOLITION CAN EVEN OCCUR.
AND SO, YOU KNOW, I KNOW ASKING FOR ANOTHER COUPLE MONTHS, EVEN THOUGH WE KNOW THAT DEMOLITION PROBABLY WOULDN'T OCCUR
[00:20:01]
UNTIL THAT TIME, I SEEMS LIKE A LONG PERIOD OF TIME, BUT LIKE I SAID, I'M NOT SURE WHEN WE CAN GET TO TRIAL.AND IF WE DECIDE TO APPEAL THAT WILL LIKELY TAKE AT LEAST THE PERIOD OF EIGHT MONTHS.
AND SO, UM, YOU KNOW, JUST HERE TODAY ASKING YOU FOR A BRIEF EXTENSION AND EVEN A COUPLE OF MONTHS, UH, YOU KNOW, ENTERING THE ORDER A COUPLE MONTHS FROM NOW MAY MAKE IT SO THAT WE CAN FINISH AN APPEAL BEFORE THE CITY GETS AROUND TO DEMOLISHING IT.
I MEAN, IT DOESN'T MEAN THAT THE CITY ISN'T GOING TO ENTER AN ORDER OF, BECAUSE UNFORTUNATELY THE CHURCH ISN'T IN A FINANCIAL CONDITION TO PAY FOR DEMOLITION, THEY ACTUALLY HAVE NO RESOURCES OUTSIDE OF THIS LAND.
I'VE TAKEN THIS CASE ON PURE CONTINGENCY OF, OR NOT CONTINUED TO HAVE ACTUALLY PRO BONO, UM, ON THE COUNTY COURT AND APPELLATE LEVELS OF, BECAUSE OF THEIR LACK OF FUNDS.
BUT I WOULDN'T HAVE SPENT SO MUCH TIME IN THIS CASE.
SO I DIDN'T TRULY BELIEVE THAT THEY'RE GOING TO COME OUT ON TOP.
THE APPELLATE COURT HAS ALREADY CONFIRMED THAT THE CHURCH IS IN THE RIGHT ON THIS.
AND IT'S ONLY A MATTER OF TIME BEFORE WE EITHER SEND IT BACK TO THEM OR THE DISTRICT COURT MAKES THE RIGHT DECISION.
UM, DO, DOES THE COMMISSION HAVE ANY QUESTIONS FOR MR. JAIN? YES.
UM, I'M NOT CLEAR WHY IT WOULD MATTER WHETHER OR NOT THE BUILDING WAS DEMOLISHED NOW, UM, TO THEM.
I MEAN, IT SOUNDS LIKE THEY WANT TO SELL THE PROPERTY IN ANY CASE, AND IF IT'S DANGEROUS, YOU KNOW WHAT, WHAT'S THE BENEFIT OF DELAYING THE, IT, ASSUMING THE DEMOLITION COULD HAPPEN IN A TIMELY MANNER, WHICH I REALIZED MAY NOT BE THE CASE, BUT I'M NOT CLEAR WHAT THE BENEFIT IS OF WAITING.
WELL, THE BENEFIT TO THE CHURCH WOULD BE, AND, UH, I'VE NEVER ACTUALLY LOOKED AT THE NUMBERS FOR WHAT THE CITY OF AUSTIN ENDS UP PAYING FOR THESE DEMOLITIONS.
I THINK MY ASSUMPTION IS THAT WE COULD PROBABLY GET IT DONE ON THE FREE MARKET AT A BETTER RATE THAN WHAT THE CITY PAYS, WHATEVER CONTRACTOR THEY HAVE, UH, AVAILABLE ARE ALREADY CONTRACTED TO DO THIS KIND OF WORK.
AND NUMBER TWO, UH, YOU KNOW, AGAIN, NOT KNOWING WHAT THE COST WOULD BE, BUT THE 10% INTEREST IS ALL ALSO A SIGNIFICANT AMOUNT OF MONEY GIVEN THAT THE CHURCH IS GOING TO NEED TO SELL THAT LAND, UH, OR, YOU KNOW, SELL A PORTION OF THE LAND TO REBUILD.
AND SO EVERY DOLLAR IS IMPORTANT HERE.
UM, AND SO, YOU KNOW, LIKE I SAID, I IMAGINE THAT THERE'S, THERE'S A GOOD CHANCE THAT THE CHURCH DECIDES TO TAKE IT DOWN ON THEIR OWN, UH, AND IF THEY DECIDE TO RELOCATE THE CHURCH, BUT, BUT AT THIS MOMENT IN TIME, THE BENEFIT IS BASICALLY JUST TO SAVE COST ON THAT DEMOLITION.
ANY OTHER QUESTIONS FROM THE COMMISSION FOR MR. CHANG? YES, I HAVE A QUESTION.
OH, UH, ACTUALLY GO AHEAD, COMMISSIONER GUMBO DAY AND WE'LL COME BACK TO YOU.
COMMISSIONER GREEN, JUST HOLD TIGHT.
UM, SO YOU WERE ASKING FOR SOME TIME, BUT YOU DIDN'T SPECIFY HOW MUCH TIME YOU WERE ASKING FOR, EVEN THOUGH YOU SAID THE COURT CASE MIGHT TAKE ABOUT EIGHT MONTHS TO REACH SOME SORT OF CONCLUSION.
AND SO, UH, CURRENTLY WE, I'M TRYING TO GET THIS CASE SET FOR TRIAL.
UH, I'M NOT SURE WHAT THE AVAILABILITY OF THE JURY DOCKET FOR TRAVIS COUNTY IS GIVEN COVID.
I DO KNOW THAT WHEN WE REQUESTED JURY, A LOT OF THINGS HAVE BEEN PUSHED BACK AND I KNOW THAT FROM MY OTHER CASES.
AND SO HOPEFULLY WITHIN THE NEXT WEEK OR TWO, I SHOULD HAVE MORE CLARIFICATION ON WHEN WE CAN ACTUALLY GET TO TRIAL.
UM, I'M HOPEFUL THAT MAYBE THEY HAVE AN OPENING WITHIN THE NEXT FOUR OR FIVE MONTHS, BUT IF NOT, UH, I GUESS REALLY, I'M JUST ASKING FOR AN EXTENSION OF WHATEVER Y'ALL ARE OPEN TO GIVING TODAY AND I'LL SHOW UP AGAIN, YOU KNOW, A MONTH OR TWO MONTHS OR THREE MONTHS FROM NOW OR WHATEVER IT IS, UH, WHENEVER YOU RESET THIS TOO.
AND I CAN GIVE YOU GUYS AN UPDATE ON ANYTHING THAT'S HAPPENING IN THAT CASE SINCE THEN.
UH, SIR, THANKS FOR THE PRESENTATION.
UM, YOU KNOW, YOU MAKE THE ARGUMENT THAT IT'S BEEN 13 YEARS AND NOTHING'S HAPPENED, BUT, UH, YOU KNOW, WE HAVE A DYNAMIC SITUATION IN THE CITY.
UM, THEY WERE LOOKING FOR SHELTER AND, UH, YOU GOT THE WINTER COMING UP AND BY YOUR OWN ADMISSION, THIS IS A PROPERTY THAT'S A DANGEROUS, AND I THINK IT'S A REAL REACH FRIDAYS NEED TO, UH, UH, TAKE THAT RISK.
AND, UH, YOU KNOW, I TEND TO GET THIS IF THE CITY DIDN'T DEED PERFORMING DEMOLITION AND, UH, IT WAS TACKED ON TO THE DEED.
IT WOULD NOT, IT WOULD, IT MAY BE SIGNIFICANT, BUT NOT SO SIGNIFICANT AS A, TO NOT MITIGATE THE RISK AND TO, UH, YOU KNOW, UH, PROVIDE THE, UH, UH, THE PASTOR AND THE CHURCH, UH, UH, YOU KNOW, A BILL THAT NEEDS TO BE RECKONED WITH, AT THE END OF A DECISION.
BUT I NEED TO SAY THAT, UH, UM, I'VE SEEN, UH, NOT SITUATIONS WHERE HOUSING PASSED, UH, LAPSED
[00:25:01]
IN ONE WAY OR THE OTHER, AND THAT'S, UH, AN ISSUE OF SAFETY.AND I WOULD LIKE TO DEFER TO THE, UH, THE FIRE CHIEF CEO OF WHAT HE MIGHT HAVE TO, UH, SAY, UH, I PUT HIM ON THE SPOT TOO MUCH.
AND I RESPECT THAT IF THAT WAS THE FIRE CHIEF TESTIFYING EARLIER RESPECT HIS OPINION, I WASN'T HERE FOR HIS INTRODUCTION.
UH, YOU KNOW, BUT I DO BELIEVE THAT THE DEFINITION OF DANGER IS KIND OF SUBJECTIVE, YOU KNOW, IS IT DANGEROUS TO THE PEOPLE THAT NEED SHELTER WHEN IT'S COLD? OR ARE THEY THE ONES TAKING THE RISK REWARD OF IT, OR IS IT THE DANGER TO THE CITY THAT THE CITY IS GOING TO HAVE TO PAY? YOU KNOW, SOMEONE'S MEDICAL BILL FOR, FOR GETTING HARMED WHILE TAKING SHELTER.
AND SO, YOU KNOW, I'M NOT SURE WHAT LEVEL OF DANGER THE BUILDING IS.
YOU KNOW, IF SOMEONE DECIDED TO CLIMB ON THE ROOF, UH, MAYBE IT'S GOING TO COLLAPSE, BUT AS FAR AS I GUESS, RANDOM VAGRANTS, IF WE WANT TO CALL THEM TAKING SHELTER, I THINK THAT'S TAKING PLACE ALL ACROSS AUSTIN, WHETHER OR NOT THERE'S A STRUCTURE THERE.
AND SO, YOU KNOW, BASED ON THE NUMBER OF TENTS AND EVERYTHING ELSE THAT HAVE BEEN COMING UP, WHETHER THAT LAND IS AN EMPTY PLOT OR NOT, IF PEOPLE DECIDE TO TAKE SHELTER, THEY'RE PROBABLY GOING TO DO WHAT THEY NEED TO DO TO TAKE CARE OF THEMSELVES AT THAT MOMENT IN TIME.
AND SO, YOU KNOW, AGAIN, WITH ALL DUE RESPECT, I GUESS IT JUST DEPENDS ON, ON WHAT DANGER YOU'RE LOOKING AT, HOW YOU GAUGE THAT DANGER AND WHAT YOU THINK THE ACTUAL, UH, HARM LET'S SAY IN THIS CASE, SINCE Y'ALL REPRESENT THE CITY, WHAT THE HARM TO THE CITY WOULD BE, UH, TO ALLOW THE STRUCTURE TO STAND, YOU KNOW, FOR A SHORTER AMOUNT OF TIME.
WE ACTUALLY DO HAVE, DO HAVE CHIEF OF THE, UH, WITH US VIRTUALLY, SO CHIEF.
DO YOU HAVE ANYTHING TO ADD TO THIS? YES.
CHAIR, TOM, BULKY FIRE MARSHALL.
MY PRIMARY CONCERN WITH THIS WOULD BE THE, THE STRUCTURAL PROXIMITY TO THE OTHER STRUCTURES ON THE LOTS NEARBY IN CASE OF A FIRE.
OBVIOUSLY, IF WE HAD FOLKS IN INSIDE THE BUILDING, A FIRE IN THE BUILDING WOULD BE DANGEROUS, BUT THE OTHER CONCERN THEN IS AS FIRE SPREAD TO ADJACENT PROPERTIES, UH, THOSE HOUSES ON THE OTHER LOTS ARE FAIRLY CLOSE.
AND THAT WOULD BE A, JUST ANOTHER CONCERN I WOULD HAVE IS, IS EXPOSURE FIRE FOR, FOR THE RESIDENTS IN THE AREA.
AND, YOU KNOW, AGAIN, PARDON MY IGNORANCE ON THIS MATTER, BUT DOES THE HOLE IN THE ROOF OR ANY OF THE OTHER CONSTRUCTION DEFECTS LEND THE PROPERTY TO BEING MORE OF A FIRE HAZARD OR IS IT JUST, YOU KNOW, THE FACT THAT THE STRUCTURE IS THERE AND IF IT CAUGHT ON FIRE, IT WOULD BE A HAZARD SINCE IT DOESN'T HAVE SPRINKLERS OR WHATEVER ELSE IT WOULD NEED TO BE UP TO CODE.
UM, AND SO THE PRIMARY CONCERN WITH A DAMAGED ROOF IS IF SOMETHING DOES LIGHT INSIDE THE BUILDING, IT'S NOT CONTAINED BY THE ROOF.
AND SO IT SPREADS FASTER TOO THROUGHOUT THE NEIGHBORHOOD WITH EMBER.
SO I LOSING THE ROOF ON A BUILDING IS A SIGNIFICANT, UH, DEFECT, UH, FROM A FIRE SPREAD STANDPOINT.
THANK YOU FOR THAT INFORMATION.
UH, IS THERE, UH, SOME KIND OF MORE COST-EFFECTIVE WAY THAT MAYBE WE COULD GO OUT AND PUT LIKE A FIREPROOF TARP OVER THE HOLE THAT COULD CONTAIN THE OXYGEN IN CASE OF FIRE THAT WOULD, YOU KNOW, CONTAIN IT JUST LIKE AS IF THERE WAS A ROOF THERE.
AND AGAIN, THAT'S JUST MY IGNORANCE, BUT I'M JUST ASKING, JUST IN CASE THERE'S AN ALTERNATIVE SHORT-TERM SOLUTION THAT WE MAY BE ABLE TO PURSUE HERE.
NOTHING THAT I'M AWARE OF THAT CURRENTLY IS AVAILABLE OR WORKS.
UH, WE HAVE, WE DO WANT TO HEAR FROM ONE OTHER COMMISSIONER COMMISSIONER THOMPSON, AND THEN IT LOOKS LIKE MR. SALINAS WOULD LIKE TO SPEAK AS WELL.
COMMISSIONER THOMPSON WHAT'S THAT AS THE OWNER OF THE PROPERTY CONSIDERED GOING AHEAD AND TEARING IT DOWN HIMSELF, SINCE THAT WOULD PROBABLY INCREASE WELL, THAT'S THE ISSUE? THE OWNER IS THE CHURCH AND THE CHURCH HAS NO FUNDS.
SO FOR THE PAST SEVEN YEARS, THEY'VE BEEN UNABLE TO HOLD SERVICE.
AND SO THEY HAD TO DISPERSE THEIR CONGREGATION AMONG OTHER CHURCHES.
AND OF COURSE THE USUALLY ONLY SOURCE OF INCOME FOR AN ORGANIZATION LIKE THIS OR A CHURCH LIKE THIS IS FROM TYPING.
AND SO WITHOUT WEEKLY SERVICE, UM, THEY DON'T HAVE A SOURCE OF FUNDS TO REALLY DO ANYTHING.
UH, YOU KNOW, WE ACTUALLY, UH, THEY FACED FORECLOSURE ON A SERIES OF LOANS.
THEY HAD, UH, YOU KNOW, ANGEL, I GUESS I DON'T WANT TO SAY INVESTOR BECAUSE IT'S A 0% LOAN, BUT THEY'VE ALREADY HAD TO BE BAILED OUT FROM FORECLOSURE ON THIS PROPERTY.
AND SO THEY HAD THE MONEY, UM, YOU KNOW, THEY WOULD LOOK INTO DEMOLISHING IT THEMSELVES, ESPECIALLY IN LIGHT OF THE FACT THAT IT SEEMS LIKELY THAT THE CITY OF AUSTIN WILL DO IT, UH, DUE TO THE DANGER OF DESCRIBED BY THE FIRE CHIEF AND BY THE OFFICER EARLIER.
BUT LIKE I SAID, UNFORTUNATELY, THEY'RE JUST NOT IN A FINANCIAL POSITION TO DO SO.
THE PROPERTY IS IN, NOT IN AN INDIVIDUAL'S LANE, BUT IN THE CHURCH'S NAME.
[00:30:01]
HAVE THREE OTHER COMMISSIONERS LOOKS LIKE WHO WANTS TO ASK QUESTIONS? I'M GOING TO LET THEM ASK THEIR QUESTIONS BECAUSE THEY MIGHT BE, MIGHT ALL BE SIMILAR.AND THEN IF YOU COULD JUST HOLD TO RESPOND, IF THAT WOULD WORK.
SAY LIKE I HAVE A COUPLE OF QUESTIONS.
NUMBER ONE IN OUR PRESENTATION THAT IS WITHIN A SCHOOL ZONE.
WE HEARD IN THE PRESENTATION EARLIER THAT IT'S IN A SCHOOL ZONE.
HOW CLOSE IS THIS BUILDING TO A SCHOOL? AND WHAT KIND OF SCHOOL IS IT IN ELEMENTARY SCHOOL? MIDDLE SCHOOL.
DO YOU KNOW? DO YOU WANT ME TO ANSWER THAT NOW? YES.
SO MANY OF THAT BUILDING IS, UH, IT'S, IT'S AT LEAST A MILE AWAY FROM A SCHOOL.
UH, THE CLOSEST, UH, STRUCTURE IS A COMMERCIAL STRUCTURE JUST ACROSS, JUST EAST OF IT.
UM, THERE IS A CHURCH, UH, THAT'S ON EAST 12TH, DOWN THE ROAD, ALSO A CHURCH ON EAST 13TH, BUT I MUST FOLLOW UP WITH THE FIRE.
MARSHALL SAID THAT THE HOME BEHIND THAT IS A, THE GARAGE IS 15 FEET FROM THAT.
THE BACK, THE MAJOR STRUCTURE OF THAT HOME IS ABOUT 25 TO 30 FEET.
SO IT'S MORE DANGEROUS TO THE ADJACENT NEIGHBORHOOD THAN IT IS TO THE SCHOOL ZONE.
MY OTHER QUESTION FOR YOU IS THAT SINCE THEY, THEY HAVE NO RESOURCES, HOW HAVE THEY BEEN CURRENT WITH OUR TAXES ON THE PROPERTY? THAT'S WHY THEY HAD A ANGEL.
I DON'T WANT TO SAY, I DON'T KNOW WHAT THE TERM FOR IT.
THEY HAD SOMEONE COME IN AND BAIL THEM OUT BASICALLY.
SO THEY'RE NOT PASSING YOU ON ANY OF THE TAXES.
I KNOW THEY'VE, THEY'VE PAID THE TAX.
THAT TO MY KNOWLEDGE THERE THEY'VE PAID THE TAXES ON ALL THE LAWS.
MAYBE THEY CAN GO TO THE ANGEL, PAY FOR THEM TOMORROW.
UM, UM, IN YOUR TESTIMONY, YOU KNOW, YOU SAID THAT I THINK IN THE LAST 13 YEARS, IT'S BEEN DIFFICULT FOR THEM TO HAVE ANY FUNDS TO ADDRESS THE ISSUES WITH THIS PROPERTY.
I I'M UNCLEAR, AND MAYBE YOU CAN HELP ME.
WHAT DO TWO MONTHS OR EIGHT MONTHS AFTER 13 YEARS, WHAT'S GOING TO BE DIFFERENT.
THAT MAKES YOU THINK THAT YOU'LL BE ABLE TO DEAL WITH THIS PROPERTY? UH, WELL, SO SORRY, AND I MAY HAVE MISSPOKEN, IT'S BEEN A LITTLE OVER SEVEN YEARS, UH, OR ALTHOUGH NO, IT'S EIGHT YEARS NOW.
UM, SO I ACTUALLY DIDN'T GET INVOLVED IN THIS.
THE, THE LITIGATION WAS ORIGINALLY FILED IN 2016.
UH, ONE OF THE MEMBERS OF THE CHURCH THAT I HAD COMPLETED PRO BONO WORK FOR PREVIOUSLY FOUND ME IN 2018.
AND SO THERE WERE A COUPLE OF YEARS WHERE THE CASE IS YOU'RE SITTING THERE BECAUSE THE PERSON WHO SUED THE CHURCH KNEW THAT THE CHURCH DIDN'T HAVE FUNDS TO DEFEND THEMSELVES.
AND THEY WERE JUST WAITING FOR EITHER A FORECLOSURE TO COME UP OR SOMETHING ELSE TO HAPPEN.
AFTER I STEPPED IN, I PUSHED THE CASE TO TRIAL, OR WE WENT TO TRIAL.
THE APPEAL TOOK A YEAR, UNFORTUNATELY.
UH, AND SO THAT'S WHY I BELIEVE WITHIN THE NEXT YEAR, WE WILL HAVE A RESOLUTION TO THIS.
I MEAN, A YEAR AT THE LATEST, UH, ALTHOUGH, SORRY, I CAN'T SAY YOU'RE AT THE LATEST BECAUSE HONESTLY, I DON'T KNOW HOW LONG THE APPELLATE COURT HAS TAKEN ON THINGS RIGHT NOW.
I DO HAVE SEVERAL CASES, UH, IN FRONT OF THEM AND, YOU KNOW, WITH NO REAL TIMETABLE ON WHEN THEY'RE GOING TO RETURN WITH SOMETHING.
UM, BUT, BUT THAT'S WHY, YOU KNOW, THE FIRST FIVE YEARS OF IT, NOTHING WAS REALLY HAPPENING.
UM, AND THEN, YOU KNOW, THE PAST THREE YEARS HAS BEEN THE ME PUSHING LITIGATION, THE APPEAL, THE APPEAL, AND THEN THEY REFILED, UM, IN DISTRICT COURT, I WANT TO SAY MAYBE EIGHT, EIGHT OR NINE MONTHS AGO.
AND SO THAT, THAT THE DIFFERENCE IS, YOU KNOW, WHAT, ONCE THE LITIGATION IS COMPLETED, UH, THE CHURCH WILL HAVE THE ABILITY TO EITHER REFINANCE THAT LAND OR SELL THAT LAND BECAUSE IT DOES HAVE SIGNIFICANT VALUE.
OF COURSE, YOU STILL BE ABLE TO SELL IT IF THE CITY DEMOLISHED HIS PROPERTY.
I'M UM, AGAIN, MAINLY DUE TO THE FACT THAT I AM IGNORANT OF THE COST OF THE CITY DEMOLISHING VERSUS THE COST OF THE CHURCH, FINDING, YOU KNOW, THEIR OWN PRIVATE CONTRACTOR DEMOLISH.
UM, THE CHURCH IS TRYING TO SAVE EVERY DOLLAR POSSIBLE BECAUSE IN ORDER LET'S SAY THEY SELL THE LAND.
IF THEY WANT TO MINISTER TO THEIR SAME CONGREGATION, WHICH IS IN THAT EAST AUSTIN AREA, IT'S GOING TO TAKE A LOT OF MONEY TO, TO FIND ANOTHER PLOT OF LAND OR TO FIND ANOTHER BUILDING, UM, AND TO, YOU KNOW, JUST MAINTAIN WHAT THEY HAD BEEN DOING PREVIOUSLY.
AND SO, UM, I'M NOT SURE IF IT'S A LOT OF MONEY, I'M NOT SURE IT'S A LITTLE MONEY, BUT EVERY DOLLAR DOES COUNT HERE.
I'M THINKING MR. TRENT, I GUESS I WOULD JUST WANNA MAKE SURE I UNDERSTAND.
AND THE EXPOSURE THAT YOU BELIEVE YOUR CLIENT RISKS, IF THE CITY PROCEEDS IS THE POTENTIAL FINANCIAL
[00:35:01]
HARM, IS THAT MEASURED BY THE DELTA BETWEEN WHAT A FREE MARKET DEMOLITION COULD COST THE CHURCH ONCE.AND WHEN THE CHURCH WAS ABLE TO SECURE THAT DEMOLITION AND THE, I GUESS THEY'RE PRESUMING A HIGHER COST OF THE LIEN PLUS THE INTEREST THAT WOULD ATTACH IF THE CITY HAD THAT DEMOLITION DONE, IS THAT, IS THAT THE ENTIRE SORT OF MEASURE OF DAMAGES, IF YOU WILL? UH, WELL THAT WOULD BE THE PRIMARY MEASURE OF DAMAGES.
THE CHURCH STILL HASN'T DECIDED WHETHER OR NOT THEY WANT TO, UM, REPAIR THE STRUCTURE.
IF, IF THIS LITIGATION IS OVER, UH, AND THEY'RE HAVE ACCESS TO THEIR LAND, THERE IS A WORLD WHERE THEY MAY REFINANCE TO, TO RENOVATE THAT STRUCTURE BECAUSE THE COST OF DOING THAT IS GOING TO BE LESS THAN FINDING AN ALTERNATIVE LOCATION IN EAST AUSTIN.
AND SO, UM, YOU KNOW, AGAIN, I DON'T WANT TO SPEAK TO WHAT THEY'RE GOING TO DO, OR, BUT THAT IS DEFINITELY A POSSIBILITY RIGHT NOW THAT THEY'VE BEEN LOOKING INTO, UH, UNFORTUNATELY JUST GIVEN THE LITIGATION, IT'S HARD FOR THEM REALLY TO PROCEED WITH THAT TYPE OF INVESTIGATION BECAUSE NO CONTRACTOR OR ANYONE ELSE IS GOING TO SPEND THE TIME TO COME TO THE TABLE WHEN THEY KNOW WE DON'T HAVE MONEY YET.
AND THEN TO FOLLOW UP, I BELIEVE YOU'VE ADDRESSED THIS POSSIBLY EVEN TWICE ALREADY.
SO FORGIVE ME IF I'M ASKING YOU TO REPEAT SOMETHING, BUT I JUST WANT TO MAKE SURE THAT I'M AS CLEAR AS POSSIBLE.
IS THERE, DOES THE LITIGATION PRESENT ANY SORT OF LEGAL IMPEDIMENT TO THEM PROCEEDING WITH THE DEMOLITION? FOR EXAMPLE, THERE ARE LIS PENDENS.
IS THERE SOMEBODY WITH AN INTEREST WHO COULD STAY, UH, THE, UH, UH, THE, THE, THE, UH, THE DEMOLITION AND ANYTHING LIKE THAT, OR IS IT JUST A MATTER OF THE UNCERTAINTY CREATED BY THE LITIGATION MAKES IT FINANCIALLY INCONVENIENT FOR THEM TO DEMOLISH AT THIS TIME? UH, SO YEAH, THERE IS THE LIS PENDENS ON LAND RIGHT NOW.
UH, I BELIEVE BY THE LETTER OF THE LAW, THE LIS PENDENS IS ON THERE.
IMPROPERLY, UNFORTUNATELY, THE DISTRICT JUDGE WHO HEARD MY EMOTION DISAGREED WITH ME, WHICH IS THEIR RIGHT TO DO.
UM, BUT BASICALLY THE CLAIM TO THE LIS PENDENS IS THEY'RE CLAIMING SPECIFIC PERFORMANCE UNDER THOSE 2013 CONTRACTS, THE 2013 CONTRACTS REFLECTED A FACE VALUE ACROSS THE THREE CONTRACTS OF A LITTLE OVER HALF A MILLION DOLLARS.
UH, THE APPRAISAL THAT I HAD DONE BACK IN 2019, UH, ESTIMATED THE LAND TO CURRENTLY HAVE A VALUE OF MAYBE 1.7 MILLION.
AND SO TO HAVE SPECIFIC PERFORMANCE, ONE OF THE THINGS THAT THE PLAINTIFF NEEDS TO PROVE IS THAT MONETARY DAMAGES WOULD INADEQUATELY COMPENSATE.
AND SO THE PLAINTIFFS, SINCE WE ALREADY WENT TO TRIAL THE PLAINTIFF, ACTUALLY, I ALREADY ADMITTED ON THE STAND THAT HE HAD NO MONETARY DAMAGES, WHICH IS ONE OF THE PRIMARY REASONS WHY I THINK THIS CASE WILL GET DISMISSED BY THE APPELLATE COURT BECAUSE MONETARY DAMAGES IS AN ESSENTIAL ELEMENT, NOT ONLY TO HIS BREACH OF CONTRACT CLAIM, UH, BUT ALSO TO OBTAINING SPECIFIC PERFORMANCE, WHICH IS A REMEDY IN LIEU OF MONETARY DAMAGES.
AND SO, UM, SO YEAH, THERE IS A LIS PENDENS ON THERE.
I MEAN, TO BE HONEST WITH YOU, I IMAGINE, UH, THE PLAINTIFF IN THIS CASE, WHO'S CLAIMING POSSESSION OR CLAIMING THE RIGHT TO POSSESSION IN THE FUTURE, UNDER THE VALUE ON THE ORIGINAL CONTRACTS.
HE PROBABLY WOULDN'T OBJECT TO THE CITY, UH, TAKING THE LAND DOWN TO MY KNOWLEDGE.
HE IS, UM, FINANCIALLY WELL OFF AND HE LIKELY WOULD NOT WANT THE STRUCTURE ON THERE.
AND SO, YOU KNOW, I, I WISH THERE WAS SOME OPPOSITION ON HIS END, I GUESS I CAN'T SPEAK FOR HIM.
SO THERE'S A POTENTIAL HE'S OPPOSED TO IT.
UH, BUT JUST TO BE HONEST WITH YOU, I DOUBT THAT'S AN IMPEDIMENT TO THE CITY DOING A DEMOLITION.
I DON'T WANT TO ASK YOU TO GET TOO DEEP INTO YOUR LITIGATION PLAYBOOK HERE IF IT'S NOT APPROPRIATE TO DO SO, BUT IN THE EVENT THAT THIS COMMISSION TONIGHT SHOULD VOTE, UH, TO, UM, ADOPT STAFF'S PROPOSED ORDER AND ORDER DEMOLITION, DO YOU IMAGINE THAT YOU WOULD SEEK A STAY OF THAT ORDER EITHER IN THE PENDING LITIGATION OR IN A SEPARATE ACTION AND THE DISTRICT COURT? UH, I MEAN, TO BE HONEST, I WOULD SAY THAT GIVEN THE FACT THAT, UH, THAT THOSE ARE OPTIONS THAT ARE AVAILABLE AND I HAVEN'T DISCUSSED IT WITH MY CLIENT, I HAVEN'T DISCUSSED IT WITH THE BOARD OF THE CHURCH.
I HAVEN'T DISCUSSED THAT OPTION WITH THE PASTOR.
UM, BUT WHAT I WOULD SAY IS THAT I DOUBT THAT THE CHURCH WOULD WANT TO BURDEN THE CITY WITH LITIGATION, UH, ON THIS ISSUE, ESPECIALLY SINCE THERE'S A HIGH LIKELIHOOD THAT, UM, THEY MAY DECIDE TO DEMOLISH IT THEMSELVES IN THE FUTURE.
AND SO, UH, YOU KNOW, IT'S A POSSIBILITY I DON'T WANT TO SPEAK FOR MY CLIENT BECAUSE I HAVEN'T ASKED THEM ALL I CAN SAY IS, UH, YOU KNOW, I PERSONALLY BASED OFF OF WHAT I KNOW ABOUT MY CLIENT, UH, I DOUBT THAT THAT'S SOMETHING THEY WOULD PURSUE.
[00:40:01]
YOU VERY MUCH.I DON'T HAVE ANY FURTHER QUESTIONS.
UH, ANY OTHER QUESTIONS FROM THE COMMISSION AND MR. SALINAS, DO YOU HAVE ANYTHING TO ADD? OKAY.
IF YOU'D STEP UP TO THE MICROPHONE UM, BRIEFLY PLEASE.
UM, IS THE FIRE CHIEF STILL AROUND BY ANY CHANCE? YES.
UH, CHIEF FOCI FIRE MARSHALL VOKEY.
ARE YOU STILL WITH US? OUR FIRE MARSHALL.
UH, SO MR. SALINAS WANTED TO KNOW IF THE CHURCH WAS ABLE TO, UH, COVER THE HOLE WITH TARP, UH, WHICH, YOU KNOW, OR FIND SOME OTHER TEMPORARY MEASURE THAT COULD COVER THE HOLES.
IF THAT WOULD DO ANYTHING TO REDUCE THE FIRE HAZARD, IT DOESN'T, IT WOULD NEED TO BE A RATED ROOF, UH, FOR, TO REDUCE THE FIRE HAZARD.
THAT WOULD BE MY MAIN CONCERN.
THE TARP WOULD, UH, WOULD BURN THROUGH OR MELT THROUGH VERY QUICKLY.
YEAH, THAT'S, THAT'S WHAT I FIGURED.
BUT, UM, ANYWAY, THAT WAS A GOOD QUESTION.
UH, I GUESS NOTHING FURTHER FROM US.
THANK, THANK YOU ALL FOR YOUR TIME.
AND, UH, YOU KNOW, APPRECIATE YOUR CONSIDERATION AS WELL.
AND COMMISSION DISCUSSION MOTION WOULD BE WONDERFUL.
ONE DISCUSSION 0.1 THING I'D LIKE TO JUST, UM, YOU KNOW, ALTHOUGH I'M SYMPATHETIC TO THE, TO THE CHURCH'S POSITION, I THINK THIS IS SPECULATION, BUT, UM, WITH THE CURRENT COST OF THE ESCALATION, THAT'S IN THE CONSTRUCTION INDUSTRY AND CHARITY, I KNOW YOU'RE PERSONALLY INVOLVED IN THAT INDUSTRY.
I WOULD SPECULATE THAT, UH, UH, A, UH, FREE MARKET DEMOLITION IN EIGHT MONTHS, 10 MONTHS MAY COST MORE THAN THE DEMOLITION, UH, TODAY DONE BY THE CITY.
EVEN IF THERE IS A CURRENT DELTA IN SIX MONTHS, EIGHT MONTHS, 10 MONTHS, DELTA ALTO MAY HAVE FLIPPED BECAUSE AS YOU KNOW, WE'RE SEEING KIND OF HISTORIC KINDS OF INCREASES IN THAT INDUSTRY RIGHT NOW.
SO, UM, I THINK AT LEAST FOR ME, UM, BELIEVING THAT IT MAKES ME THINK THAT THAT'S KIND OF THE ONE REASON THEY'VE GIVEN FOR A DELAY.
UM, ISN'T REALLY IN PLAY ANYWAY.
THAT'S, THAT'S A VERY GOOD POINT.
UM, I DO THINK THERE, THERE IS THE POSSIBILITY AS THEY HAD MENTIONED THAT IF THE CHURCH DECIDES TO HOLD ON TO THE LAND, THAT THEY MIGHT REDEVELOP IT, IN WHICH CASE IT MIGHT BE BENEFICIAL FOR THEM TO NOT HAVE DEMOLISHED THE BUILDING, IT WOULD NEED TO BE NEARLY DEMOLISHED IN ORDER TO RENOVATE IT.
UM, AND IT LOOKS LIKE OUR INSPECTOR ADAMS HAD SOMETHING TO ADD TO THAT.
UM, UH, THE GENTLEMAN CAME UP AND MENTIONED THAT, UH, IT'S BEEN LIKE SEVEN YEARS FOR THIS PROPERTY BEING THIS CONDITION, ACTUALLY, UH, THERE WAS A PERMIT, UM, TRIED TO OBTAIN THE PERMIT OR TRIED TO OBTAIN A PERMIT FROM THE CITY IN 2006 TO REROOF THAT BUILDING.
AND THEY ACTUALLY GOT THE PERMIT AND IT EXPIRED WITH NO WORK BEING DONE.
SO THIS HAS BEEN AN ISSUE SINCE 2006, WHICH MEANS THAT BUILDING PROBABLY HADN'T BEEN OCCUPIED SINCE 2006.
OKAY, THANK YOU, COMMISSIONER GREEN.
I MOVED THAT WE, UH, THE DISCUSSION, UM, AT THE MORNING AND, UH, SO WE NEED TO DO THAT NOW.
UH, WE CAN, OR WE CAN KEEP IT OPEN EITHER WAY, BUT IS THERE ANOTHER, WOULD YOU LIKE TO MAKE ANOTHER MOTION WITH THAT? AND THEN WE, UH, EXCEPT THE, UH, THE BACK, UH, UH, STEP, WAS THAT A MOTION TO ADOPT STAFF'S RECOMMENDED ORDER, WHICH WAS TO DEMOLISH THE STRUCTURE WITHIN 45 DAYS.
AND COMMISSIONER THOMPSON HAS SECONDED FURTHER
[00:45:01]
DISCUSSION.I JUST THOUGHT I WOULD WEIGH IN BRIEFLY AT THE, I'M GOING TO MOSTLY ECHO THE THOUGHTS EXPRESSED BY COMMISSION FOR, UM, I GUESS MY, MY THINKING ON THIS, SINCE THAT I FEEL THAT OUR ROLE AS A COMMISSION IS TO DETERMINE WHETHER OR NOT A VIOLATION HAS OCCURRED, UM, NOT TO BE MAKING A SORT OF AD HOC DETERMINATION OF THE DANGEROUSNESS OF A GIVEN STRUCTURE.
I THINK WE'RE NOT, UM, YOU KNOW, WE LACK THE EXPERTISE TO DO THAT.
UM, AND WE'RE NOT THE POLICY-MAKING ARM OF THIS CITY.
UM, THE POLICY HAS BEEN MADE ARTICLE MINE, PROPERTY MAINTENANCE CODE, UH, CHAPTER 25 12, YOU KNOW, THE INTERNATIONAL STANDARDS.
THOSE HAVE BEEN ADOPTED, UM, FOLKS WITH THE EXPERTISE TO GO ASSESS WHETHER THERE'S A VIOLATION, UH, STAFF HERE, THEY COME BEFORE US.
AND WE BASICALLY DECIDE WHETHER A VIOLATION HAS OCCURRED.
UM, NOT WHETHER WE THINK IT'S PARTICULARLY DANGEROUS.
UM, NOW OBVIOUSLY THAT IS SUBJECT TO SOME WAITING TO SOME WEIGHING OF THE EQUITIES.
OTHERWISE THEY WOULD HAVE A COMPUTER DO WHAT WE DO.
THEY WOULDN'T NEED A COMMISSION WITH HUMAN BEINGS WITH HUMAN JUDGMENT, BUT IN THIS CASE, UM, I'M, I'M SATISFIED BY, UH, UH, CHIEF VOLKIS, UH, EXPLANATION OF THE, UM, UH, MR. ADAMS, THE, UH, INCREASED FIRE HAZARD CREATED BY THE LACK OF A ROOF, THE PROXIMITY TO OTHER STRUCTURES KNOW I'M, I'M SATISFIED THAT THIS IS A SERIOUS HAZARD WHEN WEIGHED AGAINST THE RELATIVELY MINOR COSTS DESCRIBED BY, UM, THE PROPERTY OWNERS REPRESENTATIVE.
I HAVE TO HAVE TO FAVOR, UH, ADOPTING STAFF'S FINDINGS IN THIS CASE.
SO THAT'S JUST MY, MY THINKING ON THIS BEFORE WE GET AROUND TO BUILDING.
ANY FURTHER COMMENTS FROM THE COMMISSION? YES.
WE'VE LEARNED THAT THE, UM, CHURCH HAS AN ANGEL BENEFACTOR WHO THE CO COME IN AT THE LAST MINUTE TO HELP PAY TAXES.
PERHAPS IF WE, OR WHEN WE ADOPT THIS MOTION, IT WILL INCENTIVIZE THE ANGEL BENEFACTOR COME IN AND PERHAPS GIVE THEM SOME MONEY SO THEY CAN DO IT ON THEIR OWN WITHOUT THE CITY FORCING THEM TO DO IT WITHOUT CITY DUTY ITSELF.
I'M ACTUALLY GOING TO GO AHEAD AND CALL THE QUESTION AND I WILL DO A ROLL CALL FOR THIS.
UM, SO AS I, AFTER I CALL YOUR NAME, IF YOU WOULD PLEASE INDICATE IF YOU AGREE WITH THE MOTION OR, OR NOT COMMISSIONER THOMPSON.
ABILA, I'M VOTING AGAINST COMMISSIONER FERRERA.
I SUPPORT THE CITY'S, UM, MOTION.
SAY, LOOK, I VOTE IN FAVOR OF THE MOTION.
I AGREE WITH THE MOTION AS WELL.
THANK YOU, COMMISSIONER MUELLER.
AND I ACTUALLY AM OPPOSED TO THE MOTION, BUT THE MOTION PASSES.
AND, UH, WE THANK YOU FOR COMING DOWN AND TALKING WITH US THIS EVENING AND A COPY OF THIS ORDER WILL BE MAILED OUT TO THE, UH, PROPERTY OWNER.
AND, UM, THAT WAS AN EXCELLENT PRESENTATION BY THE WAY, MR. CHANG.
UM, YES, COMMISSIONER PROGRAM.
I KNOW THIS IS KIND OF UNUSUAL AND A LITTLE BIT OUT OF THE AGENDA, BUT I N ON THE WAY OVER HERE, UH, I HEARD ON THE NEWS, YOU KNOW, THE, ONE OF OUR CODE DEPARTMENT OFFICERS, YOU KNOW, DOING THEIR JOB THIS MORNING WAS SHOT AT TRYING TO ENFORCE, UH, UH, A LAWN MAINTENANCE ORDER.
UM, AND I JUST WANT TO MAKE, I THINK, SPEAK FOR ALL OF US AND SAY THAT WE, WE DEFINITELY VALUE WHAT YOU DO AND, UH, FOR, FOR THE CITY.
AND, UH, I'M SURE, YOU KNOW, NOBODY EXPECTS THAT SORT OF A DANGER IN THEIR JOB, BUT, UM, WE RECOGNIZE THAT THAT, UH, YOU KNOW, YOU RISK MORE THAN YOU RISK A LOT TO WHAT FOR THE, FOR THE GOOD OF THE CITY.
SO PROBABLY COULD HAVE SAID THAT IN A MORE POETIC WAY, BUT I HOPE YOU UNDERSTAND THE SENTIMENT.
[00:50:01]
YEAH.[2. Case Number: CL 2021-156922 6121 Ponca Street / Owner: R. Munson Investments, LLC Staff Presenters: Khary Dumas and Aurelio Martinez Staff recommendation: Repair residential structure]
ON THE AGENDA IS REGARDING A GROUP, A DUPLEX OPERATING AS A ROOMING AND BOARDING HOUSE LOCATED AT 6 1 2 1 PONKA STREET.THE CASE NUMBER IS 20 21 1 5 6 9 2 2.
THE EXHIBITS CAN BE FOUND IN THE NAVY BLUE BOOK IN YOUR READERS OR GOOGLE DRIVE FOLDER.
HERE'S SOME FACTS ABOUT THIS CASE.
THIS RESIDENTIAL DUPLEX IS CURRENTLY REGISTERED AS A ROOMING AND BOARDING HOUSE THROUGH OUR CITY LICENSING PROGRAM.
THIS PROPERTY HAS BEEN CITED UNDER IPMC, WHICH IS INTERNATIONAL PROPERTY MAINTENANCE CODE FOR PROPERTY, FOR PLUMBING, MAINTENANCE, SANITATION, UNSAFE CONDITIONS, AND PLUMBING SYSTEM HAZARDS DUE TO THE PLUMBING HAZARDS AT THIS PROPERTY.
THIS CASE IS A HEALTH AND SAFETY CONCERN, AND IT'S CONSIDERED DANGEROUS WITH UNSAFE AND SUBSTANDARD CONDITIONS AND REQUIRES IMMEDIATE REPAIR AND YOUR READERS OR GOOGLE DRIVE FOLDERS.
YOU WILL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINANT'S CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE REQUIRED NOTICES OF VIOLATION NOTICES OF HEARING AND POSTINGS A STRUCTURAL MAP OF THE PROPERTY AS WELL AS CORRESPONDENCE FROM AUSTIN WATER AND EXHIBIT TWO, WHICH CONSISTS OF CODES, PHOTOGRAPHS MARKED AS TWO EIGHT THROUGH TWO H AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR KYRIE DUMAS IS ASSIGNED TO THIS CASE AND IS HERE TONIGHT TO PRESENT THE PHOTOS MARKED AS EXHIBITS TWO A THROUGH TWO H AND DISCUSS THE VIOLATIONS AS DEPICTED INSPECTOR ORELIO MARTINEZ IS ALSO HERE TO TESTIFY REGARDING THE VIOLATIONS AND CONDITIONS AT THE PROPERTY INSPECTOR, DUMAS AND MARTINEZ.
GOOD EVENING COMMISSIONERS FOR THE RECORD.
MY NAME IS KYRIE DUMAS, AND THIS IS A REALLY YOUR MARTINEZ.
WE ARE THE OFFICERS ASSIGNED TO THIS CASE AS OF JUNE 16TH, 2021.
THIS IS A DUPLEX PROPERTY WITH WOODSIDE SIDING AND A GABLE ROOF SYSTEM.
YOU UTILIZE AS A ROOMING AND BOARDING HOME LOCATED AT 61 21 PONKA STREET.
LEGAL NOTICE HAS BEEN SENT TO THE TK, THE OWNER, AND A REGISTERED AGENT TO ON TWO SEPARATE OCCASIONS FOR THE DETAILS THAT FOLLOW AS A ROUTINE CHECK TO VERIFY THE PROPERTY WAS STILL BEING UTILIZED AS A LODGING ESTABLISHMENT MARTINEZ AND MYSELF OBSERVED LARGE ACCUMULATION OF HUMAN WASTE FECES URINE LOCATED IN THE REAR OF THE PROPERTY.
THIS CASE WAS CREATED DUE TO FOUND DUE TO THE FOUND ACTIVITY AND THE CITED VIOLATIONS, WHICH ARE CONSIDERED DANGEROUS CONDITIONS, AS WELL AS A HELP AND SAFETY CONCERN CONTACT WAS MADE VIA PHONE WITH THE OWNER'S AGENT, MR. JOHN BRUNO ON THE INITIAL INSPECTION, INFORMING HIM THAT THE PROPERTY, WHICH WAS THE PROPERTY STATE AND THE CONDITION AND WHOSE RESPONSIBILITY IS TO MAINTAIN THIS LOCATION ON JUNE 16TH, 2021, ON OUR INITIAL INSPECTION, THIS PROPERTY WAS PLAQUE AT AN UNSAFE CONDITION.
AFTER SPEAKING WITH THE TENANTS, WHICH WAS STATED, THIS WAS AN ONGOING PROBLEM AT THIS LOCATION, WHERE THEY WAS DIRECTED NOT TO UTILIZE THE TOILETS TO DEPRECATE JUNE 18TH, 2021, A NOTICE OF VIOLATION WAS POSTED TO REMEDY THE DEFAULT DEPLOYMENT, CREATING UNSAFE AND UNSANITARY CONDITIONS AS A FOLLOW-UP INSPECTION WAS CONDUCTED ON JUNE 25TH.
IT CIRCULATION PUMP WAS INSTALLED AND LINE WAS PLACED OVER THE OVAL OVER THE CLEANUP, DUE TO THE PENDING STATUS OF A PLUMBING PERMIT.
I FOLLOW UP WASN'T UNTIL AUGUST 5TH, 2021, WHICH THERE WAS PLEASANT PRESENT HUMAN WAYS FROM THE DISPOSABLE SYSTEM ON AUGUST 30TH, 2021 TO FOLLOW UP A HUMAN HUMAN MATTER WAS PRESENT SEPTEMBER 3RD, 2021.
A NEW NOTICE OF VIOLATION WAS SENT FOR THE CIRCULATION PUMP BEING INSTALLED WITHOUT PROPER TRES PERMIT AND THE ADDRESS, THE PLUMBING, CREATING DANGEROUS CONDITIONS ON SEPTEMBER 8TH, 2021.
THE PROPERTY WAS POSTED WITH A NEW NOTICE OF VIOLATION SEPTEMBER 15TH, 2021.
I SPOKE TO JOHN, WHICH WAS THE PLUMBING INSPECTOR THAT WAS ASSIGNED FROM DEVELOPMENT SERVICE THAT STATED THE PUMP OR THE SEWER LINE IS NOT WORKING AS INTENDED.
AND THE FINAL WAS, HAS FAILED ON SEPTEMBER 21ST, 2021 INSPECTION.
THE PROPERTY REMAINS IN VIOLATION WHEN HUMAN WASTE AND IT, AND IT WAS CITED.
[00:55:01]
WITH DANGEROUS CONDITIONS.I TOLD 11 A PLUMBING PERMIT WAS FINE AND THE PUMP AND THE PUMP FOR THE PUMP BEING INSTALLED.
BUT FROM THEN TO NOW, THIS PROPERTY CONTINUED TO HAVE ISSUES WITH THEIR DISPOSAL, PLUMBING SYSTEM AND HUMAN WASTE ACCUMULATING IN THE REAR OF THE PROPERTY, CREATING A NUISANCE IN DANGEROUS CONDITIONS.
THIS PROPERTY IS OCCUPIED BY INDIVIDUALS THAT ARE SICK ELDERLY WITH DISABILITIES.
MY PARTNER RELTIO WOULD TESTIFY ON THE COMMUNICATION WITH DIFFERENT DEPARTMENTS.
UH, GOOD EVENING COMMISSIONERS.
MY NAME IS REALLY OLD MARTINEZ.
UH, I WOULD, AS FAR AS CONTACTING THE AUSTIN WATER DEPARTMENT AND I WANTED SOME CLARIFICATION ON A PUMP AND THE USE OF THE PUMP.
AND I WAS SO THAT IT WAS FELL UNDER THE NON-CONFORMING STATUE OR STANDARDS FOR THAT PARTICULAR PROPERTY, BUT THEY DID TELL ME THE PUMP, UH, SHOULD BE MAINTAINED AND KEPT TO BE WORKING AS IT'S INTENDED TO DO.
UH, I WAS ALSO TOLD THAT THEY KEPT A RECORD OF THE NUMBER OF TIMES THEY'D BEEN OUT THERE TO ALSO, UH, CLEAN UP THE SPILLS OF THE, UH, HUMAN WASTE OUT THERE.
THEY PROVIDED US WITH A CHART AND I BELIEVE WE MAY HAVE A REPRESENTATIVE FROM THE WATER DEPARTMENT WHO CAN TESTIFY TO THE FACT OF THE NUMBER OF TIMES THERE'VE BEEN OUT THERE.
THIS HAS BEEN A CONTINUOUS PROBLEM AS FAR AS WE CAN TELL SINCE 2019, UH, THAT THEY'VE BEEN OUT THERE.
SO I'M NOT SURE THERE'S SOMEONE HERE WITH A WATER DEPARTMENT.
WE HAVE TWO PEOPLE ONLINE, CHARLES.
UH, I DO SEE A CHARLES ARNOLD.
WELL W WHERE THEY GET ONLINE, UH, I ALSO CONTACTED WATERSHED DEPARTMENT, UM, TO SEE IF THEY COULD HELP US, UH, IN SIMILAR FASHION TO TAKE CARE OF THE POLLUTANTS.
SO THE HUMAN WASTE THAT WAS BEING DISCHARGED OUT THERE.
I CAN TELL YOU THAT I WAS OUT THERE AS LATE AS MONDAY, AND I COULD SEE THERE WAS A FAIR, FAIRLY LARGE SPILL, AND I'M NOT SURE WHO CLEANED IT UP, BUT THE WATER DEPARTMENT TOLD ME THIS MORNING THAT THEY WERE OUT THERE THE SAME DAY.
SO I'M NOT SURE IF THEY WENT OUT THERE AND, UH, CLEANED THE SPILL AND, AND PUT A LARGE AMOUNT OF LINE OUT THERE ON THE PROPERTY.
UH, MR. ARNOLD, WERE YOU SWORN IN EARLIER, EARLY? OH, NO, I ACTUALLY, I'M TALKING ABOUT THE REPRESENTATIVE FROM THE WATER DEPARTMENT OR ARE THEY ONLINE? YEAH.
NO, NO, I WASN'T SWORN IN EARLIER.
CAN YOU ADD IN, UM, MR. RICK CORNETTO, IF YOU TAKE ANY ONE SECOND.
I JUST THOUGHT YOU WERE WANTING TO GET HER FROM SCHOOL.
DID WE WENT THROUGH A PRESENTATION THAT PART NOW? OR DO WE WANT TO WAIT OR I'LL GO AHEAD AND PUT BACK UP UNTIL THAT IS.
SO WE HAVE TWO PEOPLE FROM THE WATER DEPARTMENT ON THE LINE RIGHT NOW.
WE'VE IS THAT CORRECT? WE HAVE CHARLES CHARLES ARNOLD.
AND WHO WAS THE SECOND? CORRECT? THIS IS RICK CORNETTO WITH AUSTIN WATER.
I'M GOING TO GO AHEAD AND SWEAR.
YOU BOTH IN, DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
IF SO, PLEASE SIGNIFY BY SAYING I DO.
AND IF YOU WOULD LIKE TO PROCEED, I DON'T KNOW WHICH ONE OF YOU WANTS TO START MR. CORONADO OR MR. ARNOLD.
UH, MY NAME IS RICK CORNETTO, ASSISTANT DIRECTOR FOR OPERATIONS.
I'M RESPONSIBLE FOR THE DAY-TO-DAY OPERATIONS.
THAT INCLUDES THE MAINTENANCE AND OPERATIONS OF ALL OUR FACILITIES, INCLUDING THE COLLECTION SYSTEM.
WE ALSO HAVE, UM, UM, MR. CHARLES ARNOLD, WHO'S ONE OF THE SUPERINTENDENTS AND THE COLLECTION SYSTEM SERVICES DIVISION.
AND SO HE CAN SPEAK TO SOME OF THE DETAILS OF OUR ACTIVITIES AT THIS ADDRESS.
I DO SHOW THAT WE HAVE, UH, UH, THREE EVENTS.
WE COLLECT THIS INFORMATION, OUR MAINTENANCE MANAGEMENT SYSTEM, AND WE, UH, NAMED THESE AS SERVICE REQUESTS.
SO WE DO HAVE OUR SERVICE REQUESTS THAT WAS DONE IN, UH, DECEMBER OF 2013 OF 2019, UH, ANOTHER ONE ON, UH, JUNE THE 14TH OF 2021, AND THEN A UP OF, UH, 9 20, 20 21.
AND SO THOSE ARE ALL, UH, RELATED SPILLS IN WHICH THEY WERE IDENTIFIED
[01:00:01]
AS THE CAUSE BEING A PUMP GRINDER PUMP ISSUES.AND SO, UM, MR. ARNOLD CAN SPEAK OF ANY DETAILS RELATED TO THOSE, UH, UH, EVENTS AS WELL.
UM, GOOD EVENING IN REGARDS TO OUR RESPONSE TO EACH OF THE EVENTS, UM, WHAT OUR FIRST RESPONDERS OBSERVED WITH 20 GALLON, UM, SEWAGE FIELDS FROM THE GRINDER PUMP ON THE PRIVATE SIDE, PRIVATE GRINDER PUMP, UM, WE'VE USED A CCTV CAMERA PUSH CAMERAS, UM, TO TELEVISE THE CITY SERVICE LATERAL, AS WELL AS THE PROPERTY OWNERS SERVICE LATERAL, UM, FROM THEIR CLEAN OUT TO THE PROPERTY LINE, THE PROPERTY LINE TO THE CITY'S MAIN, AND THIS WAS PERFORMED IN DECEMBER OF 2019, AND IT WAS DETERMINED THAT THAT PROPERTY OWNER, UM, THE CITY, THE CITY WASN'T THE PROBLEM AT THAT LOCATION.
IT WAS THE ACTUAL, UH, GRINDR PUMP ISSUES THAT WAS EMITTING THE EMITTING COMPONENT FOR WASTEWATER OVERFLOW.
UM, IN JUNE OF THIS YEAR, JUNE 15TH OF THIS YEAR, THE SAME THING TOOK PLACE.
WE RESPONDED TO AN SANITARY SEWER OVERFLOW COMPLAINT, UH, FROM A CUSTOMER.
UM, WE PERFORMED OUR INVESTIGATION IDENTIFIED, UH, SAME BALLPARK FIGURE IN REGARDS TO SPILLS, 15 GALLON SPILL THIS TIME, UH, ESTIMATED.
AND WE TELEVISED THE CITY'S PORTION OF THE LATERAL IN THE, IN THE RIGHT OF WAY, WHICH WAS CLEAR.
THERE'S NO PROBLEM WITH THE CITY'S LATERAL.
AND AGAIN, WE IDENTIFIED THAT WAS A PRIVATE ISSUE, UH, FROM THEIR PUMP IN JUNE OF 2015 AND ON THE THIRD ONE, UH, WHERE HE RESPONDED TO ANOTHER CALL, THIS ONE WAS INITIATED BY A CODE CODE ENFORCEMENT AND THE SAME INVESTIGATION.
WE IDENTIFIED 20 GALLON SPILL FROM THE GRINDER PUMP.
WE INSPECTED THE CITY'S PORTION OF THE LATERAL TO THE MAIN AND RIGHT AWAY.
AND THAT PORTION WAS CLEAR AS WELL AS THE, UH, PROPERTY OWNERS, UH, SERVICE LATERAL TO THE, TO A PREP PRIVATE CLEANUP.
AND THE ONLY THING THAT WAS OVERFLOWING WAS THE SAME, UM, GRINDER PUMP WITH THE PUMP.
THERE WAS A PUMP FAILURE, UM, AND THERE IS A FOURTH ONE THAT I FOUND TODAY, UH, THAT WAS CALLED OUT TO US BY CODE AS WELL.
UH, THAT WAS INITIATED OCTOBER 6TH AND WE PERFORMED IN THE SAME INVESTIGATION AND WE IDENTIFIED THE SAME FINDINGS, 20 GALLON SPILL FROM A GRINDER PUMP.
UM, AND WE TELEVISED THE CITY SIDE AND THE PRIVATE LATERAL AND IDENTIFIED THAT THEY WERE CLEAR IT'S THE GRINDER PUMP THAT WAS OVERFLOWING, UM, AS FAR AS CLEAN UP, UM, WE DON'T, WE WILL CLEAN UP, BUT WE DON'T USE ANY, ANY LIME OR ANYTHING.
SO I CAN'T REALLY ATTEST TO WHO PERFORMING THE CLEANUP.
I'M ASSUMING THAT THE IT'S THE, UM, PROPERTY OWNER OR THE PROPERTY MANAGER THAT'S BEEN PERFORMING THE CLEANUP, BUT, UM, WE'VE BEEN CONFIRMING THAT THE PROBLEM HAS BEEN ONGOING AND IT'S BEEN A, A PRIVATE ISSUE.
THE CITY EMPLOYEE, A QUESTION.
ALVEOLA MY QUESTION IS, IS THAT THE ONLY RESTAURANT ON THEIR PARTICULAR CITY LINE ON THE SPECIFIC LINE IS HAVING ISSUES OR ARE THERE OTHER RESIDENCES WITH THE SAME ISSUES? NO, WE HAVEN'T IDENTIFIED ANY OTHER RESIDENTS WITH THE SAME ISSUE AT THIS LOCATION.
IT'S JUST, UH, THIS PHYSICAL ADDRESS, 6 61 21 PONKA STREET.
CAN I CLARIFY, I THINK YOU'RE ASKING IF THERE ARE OTHERS DOWN THE STREET THAT ARE HAVING SIMILAR ISSUES.
IS THAT WHAT YOUR QUESTION IS? CORRECT.
I DON'T, I DON'T BELIEVE THAT WE'VE GONE THROUGH ANY EXHAUSTIVE, UM, RESEARCH OF THAT.
SO I AM NOT AWARE OF ANY ADDITIONAL ADDRESSES DOWN THE STREET.
THIS IS A, A PARTICULAR, UM, SR LOOKUP THAT WE HAD ON THIS ADDRESS THAT WE PROVIDED THE INFORMATION TO CODE.
[01:05:03]
OKAY.IS THERE ANYTHING FURTHER FROM INSPECTORS? OH, YES.
WE'RE GOING TO GO OVER THE PHOTOS.
THIS IS GOING TO BE 2 8, 2 WAY IS GOING TO BE A CONTEXTUAL PHOTO OF THE PREMISE YOU GO TO THE NEXT ONE TO BE ALL RIGHT TO BE, AND TO SEE IS SHOWING THE PROPERTY THAT WAS POSTED DANGEROUS CONDITIONS, UM, TO D TO D UM, THIS WAS THE ISSUE, UM, THE INITIAL PHOTO OF THE PROPERTY CONDITIONS, WHICH DEPICTS THE ACCUMULATION OF HUMAN FECES AND URINE CREATING A DANGEROUS CONDITION AND A NUISANCE FOR THE TENANTS IN THE COMMUNITY.
UM, AS YOU CAN SEE, THE OP ITSELF IS, UH, IS IN PIECES.
TWO E SHOWS THE DAMAGE PLUMBING SYSTEM AND THE CLEANING ITEMS USED FOR THE ONGOING VIOLATIONS, WHICH YOU CAN SEE A RAKE IN THE BACK I'M SHOWING IT'S KIND OF BEEN GOING ON.
UM, UM, GO TO THE NEXT PHOTOS, PLEASE.
THIS IS GOING TO BE TWO F TWO F AND TWO G UH, GOING TO BE PHOTOS, WHICH INDICATES, UM, THIS IS 10 15.
UM, THESE PHOTOS WERE AFTER THE PERMIT WAS FINAL SHOWING.
THEY'RE STILL DISCHARGE OF HUMAN WASTE AND THE DISPOSAL SYSTEM NOT WORKING AS IT'S INTENDED, STILL CREATING SAFETY CONCERN, UM, UH, NEWS, AS YOU CAN ACTUALLY SMELL FROM THE STREET WHEN YOU ACTUALLY, UH, ENTERED THE PROPERTY.
UM, AS YOU CAN SEE, IT'S A STREAM OF IT.
YOU CAN SEE IN THE FAR CORNER IN THE RIGHT THAT'S THE CLOSEST PROPERTY TO IT.
SO YOU CAN IMAGINE WHEN IT RAINS EXACTLY WHERE IT GOES, UM, TO GO TO TWO G UM, TWO G WAS THE SAME THING AS IS TWO F UM, CAN YOU GO, IF YOU CAN SEE THIS IS THE PUMP, THIS IS THE DISPOSAL SYSTEM ITSELF, AS YOU SEE, AS IT'S OVERFLOWING, UM, GO TO TWO H ALL RIGHT.
TWO H IS, UM, IS GOING TO BE ON THE 25TH OF OCTOBER.
UM, THESE ARE MORE UPDATED PHOTOS SHOWING THE CURRENT VIOLATION OR PROPERTY OF UNSANITARY CONDITIONS OR THE PLUMBING SYSTEM CURRENTLY NOT WORKING AS INTENDED, UM, THAT WHITE STUFF, UH, IT APPEARS TO BE LYING.
UM, AS YOU CAN SEE, IS, IS THROWN ALL THE WAY TO THE BACK OF THE PROPERTY.
YOU STILL SEE THAT OTHER PROPERTY IN THE BACK IN THE BLUE.
UM, YOU STILL CAN SEE THE PUMP FOR AS THE DISK FLOW OF THE, THE, UM, SEWAGE WASTE STILL, UM, STILL THE SAME.
AND THIS IS ON THE 25TH OF OCTOBER.
UH, THIS CONCLUDES MY PRESENTATION.
I'M OPEN FOR ANY QUESTIONS BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS.
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE IS A PUBLIC AND AN ATTRACTIVE NUISANCE, AND IT'S CONSIDERED DANGEROUS WITH UNSAFE IN SUBSTANDARD CONDITIONS.
STAFF ALSO ASKED THE COMMISSION TO ADMIT EXHIBIT ONE INCLUDES STAFF, PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO, A THROUGH TWO H STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT THE OWNER COMPLETE THE FOLLOWING ONE OBTAIN AND FINALIZE ALL NECESSARY PERMITS TO WITHIN TWO DAYS FROM THE DATE OF THIS HEARING, THE OWNER MUST COMPLETE THE FOLLOWING A PROPERLY CLEANED AND SANITIZE THE PROPERTY, INCLUDING INCLUDING PROPERLY CLEANING THE HAZARDOUS WASTE, UTILIZING LYME OR OTHER APPROVED CLEANING AGENTS TO MITIGATE THE DANGEROUS CONDITION, THE CONTINUE TO CLEAN UP AND SANITIZE THE PROPERTY EVERY TWO DAYS AS REFERENCED ABOVE UNTIL ALL OF THE REQUIRED REPAIRS AS REFERENCED IN ITEMS TWO THROUGH FIVE ARE COMPLETE.
AND WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED.
THE OWNER MUST A MAKE NECESSARY REPAIRS TO THE PLUMBING SYSTEM TO ELIMINATE ALL HAZARDS AND B FOR ALL SIDED UNITS MAKE NECESSARY REPAIRS TO THE PLUMBING SYSTEM SO THAT THE PLUMBING FIXTURES FUNCTION AS INTENDED FOR WITHIN 30 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE AND FIVE ON THE 31ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
INTERCELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS NUMBER ONE, AND THE PHOTOGRAPHS MARKED TWO EIGHT THROUGH TWO H
[01:10:01]
AND I BELIEVE WE HAVE TWO REPRESENTATIVES HERE FOR THE PROPERTY, JOHN BONO AND DAN STOUT.IF YOU COULD COME DOWN TO THE MICROPHONE AND PLEASE INTRODUCE YOURSELF AS YOU BEGIN TO SPEAK TO HERE, GOOD EVENING FOLKS.
I AM JOHN BUNO AND THE BROKER BROKER FOR THE PROPERTY, FOR THE OWNER OF THE PROPERTY.
UM, NOWHERE IN THE PRESENTATION OF THE CODE FORCE ENFORCEMENT FOLKS, HAVE THEY BROUGHT UP ANY CONVERSATIONS OF WHAT WE HAVE DETERMINED TO BE THE CAUSE OF THE PROBLEM OF THE PUNK FAILURE, THE INITIAL, UH, CITATION THAT WAS ISSUED ON THE 16TH 17TH OF JUNE, UM, WE WENT OUT, IT WAS ON A THURSDAY.
WE WENT OUT DETERMINED THAT THE PUMP THAT WAS CURRENTLY IN THE PROPERTY HAD ACTUALLY BURNED UP WAS NO LONGER USABLE.
WE'D WENT TO SOURCE A PUMP, WHICH WE DID ON FRIDAY THE 17TH.
UM, THERE WAS NO WAY TO GET A PLUMBER TO MAKE THE INSTALLATION.
SO I USED THE HANDYMAN SERVICE MAINTENANCE GUY THAT WE USE ALL THE TIME TO M TO ACTUALLY INSTALL THE NEW GRINDER PUMP.
THE PREVIOUS PUMP THAT WAS IN THE PROPERTY WAS A THIRD HORSE.
THE NEW PUMP THAT'S ON THE PROPERTY IS A ONE HORSE.
WE WENT TO THE BIGGEST PUMP THAT WE COULD POSSIBLY BUY FOR A ONE 10 SERVICE TO THE PROPERTY.
THIS PROPERTY WAS BUILT IN 2004, WAS SOLD IN 2006 AND BECAME TO BE A HALFWAY HOUSE.
BACK AT THAT TIME, THE CURRENT OWNER BOUGHT THIS PROPERTY IN 2012.
AND AT THAT TIME WE HAD NO ISSUES AND I'M UNBEKNOWING OF ANY OF THE CITATIONS THAT THE WATER DISTRICT OR WATER SOURCE, WHATEVER THEIR DEPARTMENT IS, I'M GOING TO WEAR OF ANY OF THAT, AS WELL AS ALL THE CONVERSATIONS THAT I'VE HAD WITH MR. DAVIS AND NELSON, MR. MARTINEZ, I'M UNAWARE OF ANY AID OR ANY HELP FROM ANY DEPARTMENT UP TO THIS POINT, EXCEPT TONIGHT, I'VE MADE NUMEROUS REQUESTS ON THEM TO SAY, HEY, WHO CAN I GO TO TO TRY TO GET SOME HELP? UM, THE ISSUE THEY DON'T WANT TO HEAR THE ISSUE THEY DON'T WANT TO ACCEPT IS THE PUMP IS FAILING DUE TO THE FACT OF SANITARY WIPES BEING FLUSHED DOWN THE COMMODE.
I HAVE SOME EXHIBITS I'M GOING TO SHOW YOU THAT ON THE CITY OF AUSTIN SITE, YOU GUYS ACTUALLY HAVE PRESENTED DO NOT FLESH WIPES DOWN THE TOILETS.
IT'S AN INHERENT ISSUE WITH THE SEWER DEPARTMENT.
UM, YOU GUYS HAVE DOCUMENTS THAT WE CAN POST THAT WE'VE PUT OUT THERE TO THE PROPERTY TO TRY TO GET THE TENANTS TO COMPLY AND NOT USE THESE WIPES, THESE WIPES OR SIZES FROM SEVEN TO EIGHT INCHES AND THE RECTANGULAR SHAPE AS WELL AS 12 TO 12 INCHES AND CLEANING, UM, ITEMS. UM, SO IF YOU HAVE GIVEN ME A MINUTE, THAT WAY I CAN PULL UP THESE PICTURES AND TRY TO SHOW THAT, AND THEN I'LL ALSO SHOW YOU WHAT WE'VE DONE SINCE JUNE, UM, TO TRY TO ERADICATE THE ISSUE.
IF YOU COULD SHOW, UM, SHE'LL GO TO ITEM TWO AND SHOW THE ITEM ONLY FLESH ON THE SCREEN.
AS YOU GO TO THIS WEBSITE, IF YOU ACTUALLY JUST DID A SEARCH CITY OF AUSTIN WIPES, IT'S KINDA HARD TO CAPTURE THAT PAGE.
BUT WHAT I DID IS I PRINTED EACH PAGE, SUCH THAT I COULD SHOW A PRESENTATION OF WHAT YOU SEE AS YOU GO DOWN THE PAGE.
SO AS YOU CAN SEE RIGHT THERE AT THE VERY BEGINNING OF THIS PAGE THAT YOU GUYS HAVE POSTED, IT SAYS ONLY FLESHED TOILET PAPER, CLEARLY STATES THAT WIPES ARE NOT TO BE USED.
IF YOU CAN GO TO THE SECOND ITEM, PLEASE THIS ACTUALLY SHOWS THE NEXT THING IN LINE OF THAT OF SITE THAT SAYS, OH, ONLY TOILET PAPER IN THE TOILET KIND OF GOES THROUGH THE ITEMS THERE.
IF YOU GO TO THE THIRD ITEM, PLEASE, WHERE IT TALKS ABOUT THE WHITE CRISIS, SHOW THE WHOLE PAGE.
THIS ACTUALLY EXPLAINS ON THE CITY OF AUSTIN SITE WIPES ARE DOING TO THE SEWER SEWER SYSTEM, NOT ONLY ON A RESIDENTIAL PROPERTY, BUT ALSO IN THE CITY OF AUSTIN SEWER DEPARTMENT, YOU GUYS ARE HAVING INITIAL ISSUES AS WELL AS ACROSS THE ENTIRE NATION CITIES, ACROSS THE NATION, HAVING PROBLEMS BECAUSE OF THE WIPES.
UM, IF YOU GO TO THE NEXT ITEM AND I'M ONLY SHOWING YOU THIS, BECAUSE WE ARE
[01:15:01]
FINDING SYRINGES THROUGH THE, THROUGH THE TOILET SYSTEM, INTO THE PUMPS, THESE PUMPS ARE NOT MADE, UH, THE FLESH SYRINGES DOWN THE PIPE.THE ONLY EFFECT THAT THE CODE ENFORCEMENT IS, IS LOOKING AT IS WHAT'S ON TOP OF THE SURFACE.
IF YOU COULD KIND OF CONCLUDE YOUR THOUGHTS.
UM, ALL THEY'RE DOING IS REPORTING WHAT THEY'RE SAYING ON THE SURFACE OF THE, OF THE PROPERTY.
THEY'RE NOT EVEN LOOKING NOR ARE THEY LISTEN, OR THEY WANT TO LISTEN TO THAT.
WHAT'S CAUSING THE PROBLEM ON THE PUMP.
AND THAT'S THE SANITARY WIVES I CONTINUALLY HAVE HEARD FROM MR. DUMAS, AS WELL AS MR. MARTINEZ, EVEN THOUGH THEY HAVE TRIED, I THINK, TO GIVE THE BENEFIT OF THE DOUBT, ESPECIALLY MR. MARTINEZ, THAT WIPES ARE FLUSHABLE.
I CONTINUALLY HEAR THAT OVER AND OVER AGAIN.
IT'S OBVIOUS THAT THE WIPES ARE NOT, IF YOU CAN GO TO ACTUALLY, I'M SORRY, MR. BONO OR BRUNO BRUNO.
HOW DO YOU PRONOUNCE YOUR NAME? LIKE, YOU KNOW, BRUNO.
UM, THERE IS ANOTHER PERSON WHO IS SIGNED UP TO SPEAK, MR. STOUT, AND, UM, WELL, I HAVEN'T PRESENTED EVERYTHING RIGHT.
AND WE DO TRY TO, UM, IT ADMITTEDLY, THE CITY DID HAVE QUITE A BIT OF TIME.
SO PERHAPS YOU AND MR. STOUT COULD SHARE ANOTHER FIVE MINUTES ONCE YOU LET ME OKAY.
I, IF YOU CAN SHOW THREE, I JUST WANT TO BLOW THROUGH THESE PICTURES IF I CAN PLEASE.
CAUSE I, I DON'T HAVE ENOUGH TIME, BUT IF YOU'LL GO THROUGH EXHIBIT THREE WHERE HE'D GO TO NINE, IF WE CAN JUST BLOW THROUGH THE NUMBERS, THERE ARE NINE FOR PICTURES.
AND JUST SO YOU CAN HAVE A VISUAL OF WHAT WAS ACTUALLY IN THESE PUMPS OH, THIS HERE IS ACTUALLY THE HAND WIPES THAT MR. DUMAS AND MARTINEZ SAYS THAT ARE FLUSHABLE.
THAT ACTUALLY SHOWS THE BOX, THE CONTAINER YOU BUY HIM.
AND IT SHOWS THE SIZE OF THE WIPE.
AND IF YOU GO TO THE NEXT PICTURE, IT ACTUALLY SHOWS ON THE BACK OF THAT WIPE THAT IT'S NOT FLUSHABLE.
IF YOU LOOK THERE ON THE FAR RIGHT-HAND SIDE, YOU SEE THE TOILET HAS A BIG X ON IT.
IF YOU GO TO THE NEXT PICTURES, PLEASE, THIS IS ON THE ONLY ITEM THAT I CAN FIND.
THAT'S, UH, THAT'S 12 INCHES BY 12 INCHES THAT WE HAVE FOUND IN THE ACTUAL PUMP, SUCH THAT IF IT'S ELONGATED AND AS THAT GOES THROUGH THOSE PROPELLERS, IT'S BINDING AND IT'S, IT'S, IT'S TURNING THE BREAKER OFF.
IF YOU CAN GO THROUGH THE OTHER ONES OH, THE SECOND.
THIRD OF THE, IF YOU GO TO, UH, GO TO EXHIBIT 10 AND BLOW THROUGH THOSE, PLEASE THIS IS WHAT ACTUALLY, WHEN THE PUMP IS BEING PULLED, WHAT WE'RE FINDING, SHE CAN JUST CLICK THROUGH THOSE FAIRLY SO THEY CAN SEE THE ACTUAL LOOK OF WHAT'S THERE THAT JUST SHOWS THE PIPE.
THAT'S THE BOTTOM OF THE GRINDER PUMP YOU SEE EMBEDDED IN THAT, THAT BLADE AREA.
THAT'S, WHAT'S ACTUALLY IN THE PIPE.
THAT'S ACTUALLY THE PUMP BEING PULLED OUT.
AND THAT'S PICTURES OF THE TOP SECTION OF THAT PUMP BEFORE IT GETS CLEANED OUT, YOU CAN CONTINUE TO KEEP GOING ON THOSE.
DID YOU ALREADY DO NINE SO THAT KIND OF GIVES YOU AN IDEA.
IF YOU CAN GO TO ITEM WHERE IT SAYS TIMELINE.
CAN I TALK WHILE HE'S DONE THAT, SIR? A LITTLE OF THIS.
CAN YOU GO TO THE VERY TOP OF THE FILE? IT SAYS EXHIBITS ONE, GO TO THE SECOND ITEM.
IT SAYS EXHIBIT TWO AND YES, PLEASE CONTINUE TO DO SO THE GENTLEMEN HERE, THE TWO GENTLEMEN HERE FROM THE WATER DEPARTMENT, CAN THEY COME BACK ON THE SCREEN SO I CAN ASK THEM A QUESTION? UH, YES.
MR. ARNOLD AND MR. CORONADO, ARE YOU
[01:20:01]
STILL WITH US? YES, WE ARE.SO TO BOTH OF YOU GENTLEMEN, I LIKE TO ASK THE QUESTION WHEN YOU'RE BEING CALLED OUT TO THE PROPERTY, WHEN DO YOU REACH OUT TO THE OWNER OR THE PROPERTY MANAGER AND LET THEM KNOW WHAT YOU'RE DETERMINING OR FINDING OUT.
AND THEN MY NEXT QUESTION IS IF MR. MARTINEZ, MR. MARTINEZ SAID THAT HE ACTUALLY REACHED OUT TO OTHER DEPARTMENTS HERE A FEW WEEKS AGO TO TRY TO GET SOME OTHER DEPARTMENTS TO HELP IN GETTING OUT THE TENANT OF THE PROPERTIES, BECAUSE THEY'RE EVIDENTLY NOT LISTENING TO THE SUGGESTIONS OF NOT PUTTING THESE WIPES.
THEN THE, UH, THE SEWER LINE, THE TIMELINE THAT YOU SEE THERE, AND I'LL LEAVE THAT FIT AS AN EXHIBIT.
THOSE ARE ALL THE TIMES THAT WE'VE GONE TO THE PROPERTY TO MAINTAIN THE MAINTENANCE ON THE, ON THE PUMP.
DUE TO THE FACT THAT TENANT CONTINUES TO USE WIPES PRIOR TO THE FEBRUARY DATE.
THERE, I WAS AN UNKNOWING OF THE NIGHT OF 2019 ISSUE.
BUT PRIOR TO THAT, WE HAD OTHER TENANTS IN THE PROPERTY AND NEVER HAD THE ISSUE THAT WE'RE HAVING TODAY.
AND IT'S CLEARLY RELATED TO THE PUMP BEING UTILIZED, TRYING TO PUMP THESE, THESE HAND SANITIZER CLEANING SANITIZER WIPES, WHICH WILL NOT WORK.
I DON'T CARE HOW BIG OF A PUMP I PUT IN THE PROPERTY.
THE PROPERTY WAS BUILT WITH THE GRINDER PUMP DUE.
THE FACT THAT THE BACK UNIT IS LOWER THAN THE FRONT UNIT.
THE BACK UNIT WILL GO BY A AND B.
B IS THE BACK UNIT IS A FRONT UNIT.
THE BACK UNIT THAT GRINDER PUMP PUMPS IT INTO THE SEWER LINE OF UNIT.
A THERE'S ONLY ONE WATER SOURCE.
THERE'S ONLY ONE SEWER SOURCE.
SO IN ORDER TO FIX THIS, TO GET THIS RESOLVED, THOSE TENANTS IN THE REAR, IF THEY'RE NOT GOING TO COMPLY WITH NO USE OF SANITARY WIPES, THEY NEED TO BE GOTTEN OUT UP TO THIS POINT.
WE'VE BEEN ABLE TO DO THAT WITH A MORATORIUMS WITH TONIGHT, HAVING THIS HEARING TONIGHT, THIS WILL BE UTILIZED TO ACTUALLY GET US, UH, A SPACE IN FRONT OF A JP COURT TO TRY TO GET THE TENANT OUT.
SO WE CAN RECTIFY THIS ISSUE IMMEDIATELY.
AS YOU CAN SEE, I HAVE THE NUMBERS OF WHAT THE OWNER HAS PAID UP TO DATE.
MR. DUMAS SAID ABOUT THE 25TH, THAT PICTURE, THAT LAST PICTURE HE SHOWED.
IF YOU SEE THERE, WE WERE ON THE 26TH, WE WERE OUT AT THE PROPERTY, CLEANING IT UP.
WE GO BY ON A WEEKLY BASIS, EVERY THREE TO FOUR DAYS TO TRY TO KEEP AHEAD OF THIS.
BUT AS YOU CAN IMAGINE, THE USE OF WIPES IS WHAT'S CAUSING THE PROBLEM.
IT MAY BE MORE IN DAYS THAT ALLOWS FOR THAT PUMP TO TRY TO UTILIZE THE PUMP.
SO I HOPE THAT GIVES YOU A SNAPSHOT.
IT'S NOT ENOUGH TIME TO GO THROUGH ALL OF THIS, BUT I TRIED TO GIVE YOU AS MUCH AS I COULD IN A SHORT PERIOD OF TIME.
AND WE WILL ASK QUESTIONS IF WE, IF WE ARE UNCLEAR AND MR. STOUT, I TAKE IT.
YOU, DO YOU HAVE ANYTHING ELSE TO ADD YOU? PRETTY WELL COVERED IT.
I KNOW THAT NOBODY ELSE HAS EVER BEEN OUT TO CLEAN ANYTHING UP.
SO IT IS FARMING HAS EVER DONE.
I'VE NEVER SEEN THEM OUT THERE.
THANK YOU, COMMISSIONER THOMPSON.
I BELIEVE THAT I'M A LITTLE BIT CURIOUS ABOUT WHY YOU WENT DOWN THIS DETAILED.
UH, I HAVE NOT FINISHED ASKING THE QUESTION YET.
OH, IT SEEMS TO ME LIKE, YOU'RE TRYING TO SUGGEST IT'S THE CITY'S FAULT THAT THESE WIPES ARE THERE.
THIS IS YOUR, THIS IS YOUR BUSINESS.
AND YOU SHOULD BE ABLE TO CONTAIN THOSE PROBLEMS YOURSELF.
SO I DON'T KNOW WHO'S TO BLAME BESIDES YOU AND YOUR TENANT.
SO MR. THOMPSON, THE REASON I'M NOT TRYING TO BLAME THE CITY OF AUSTIN, I'M JUST TRYING TO GET THE CITY OF AUSTIN TO RECOGNIZE THE FACT THAT THE CAUSE OF THE PUMP NIGHT BEING USED AT THE WIPES THAT THE TENANTS USING JUST AMBIVALENT, IT JUST HAS NOTHING TO DO WITH IT.
DOES IT BECAUSE YOU ARE IN CONTROL.
THE TENANT, THE TENANT IN THE PROPERTY HAS A LICENSE TO HAVE A, A BOARDING HOUSE.
IN ESSENCE, FOR FOLKS THAT SHE COLLECTS THEIR SOCIAL SECURITIES, PROVIDES THEM A PLACE TO LIVE AND LIVE THERE.
WE HAVE MADE A NUMBER OF TEMPS, AS WELL AS MR. MARTINEZ HAS PHYSICALLY TALKED WITH HER, EXPLAINING TO HER THAT THE WIFE'S HAVE GOT TO STOP.
HER COMMENT IS, IS I CAN'T CONTROL WHAT THEY DO IN THE BATHROOMS. YOU MUCH LIKE WHAT YOU'RE SAYING TO ME ABOUT THE PROPERTY.
SO AGAIN, THERE IS A PERSON RUNNING A BUSINESS OUT OF THE PROPERTY, WHICH WE'D AGREED TO DO.
THEY HAVE A, A PERMIT WITH YOUR CITY OF AUSTIN GROUP.
WHO'S ACTUALLY OUT OF COMPLIANCE AS OF
[01:25:01]
DECEMBER, 2020, AND THEY JUST RENEWED IT IN JULY OF 2021.AND THE ONLY REASON YOU WENT OUT THERE ON THE 16TH WAS TO DO A, I GUESS, AN INSPECTION TO SEE IF THEY'RE STILL OCCUPYING THE PROPERTY FOR THAT, FOR THAT REASON.
SO I'M NOT BLAMING ANYONE HERE.
I'M JUST SAYING THERE'S NO LOGIC.
THERE'S NO COMMON SENSE TO UNDERSTAND THE PUMP WILL NEVER DO THE JOB WHEN WHITES ARE BEING PLACED ON THE COMMODE AND THE TENANTS ARE BEING TOLD NOT TO DO IT.
SO YOU NEED TO GET A BETTER PUMP.
THE PUMP, I CAN'T GO ANY HIGHER THAN A, THAN A ONE HORSE PUMP AND A ONE 10 SERVICE CAN'T GO ANY HIGHER.
THE ONLY WAY TO SOLVE THIS PROBLEM IS TO ACTUALLY RUN A NEW SEWER LINE FROM BOTH A AND B TO THE CITY TAP.
THE CITY TAP CURRENTLY IS AT 13 FEET, THE CITY SEWER, I'M SORRY, CITY SEWER TAP IS AT 13 FEET.
OUR TAP INTO THAT LINE IS THREE FOOT.
IT SHOULD HAVE NEVER BEEN APPROVED.
IT SHOULD'VE NEVER BEEN ALLOWED FOR IT FOR, FOR A PUMP LIKE THAT TO BE INSTALLED.
IF THE INTENT WAS FOR THAT FLOW OF THAT BACK UNIT, THE BACK UNIT SLOWER THAN THE FRONT GUNNER.
SO THE CITY'S POSITION, THE CODE ENFORCEMENT POSITION IS, IS IT'S THE OWNER'S PROBLEM.
SO THE ONLY WAY TO SOLVE THIS IS TO GET THE TENANT OUT OF THE PROPERTY.
IF THEY'RE NOT GOING TO COMPLY, WE HAVE ANOTHER QUESTION FROM COMMISSIONER GREEN.
UM, SO I WANT TO UNDERSTAND THERE IS A CONTRACT THAT YOU HAVE, THAT'S A PATIENT SUBLET OR SOMEBODY TO RUN A BOARDING.
THEN, UM, THE CONTRACT THAT WE HAVE IS A LEASE TO A PHOENIX HOUSE THAT HAS A PERMIT WITH THE CITY OF AUSTIN TO PROVIDE A BOARDING HOUSE.
SO I GUESS THERE IS NO SUBLETTING GOING ON OTHER THAN THE FACT SHE'S RESPONSIBLE FOR THE LEASE.
AND SHE HAS AN ESSENCE ROOMMATES IN THERE.
THERE ARE NO LEASES BETWEEN HER AND THOSE TENANTS, TO MY KNOWLEDGE.
WHY DID YOU RENEW THE LEASE IN JULY? I DIDN'T HEAR THAT.
WHY DID YOU RENEW THE LEASE IN JULY? I DIDN'T RENEW THE LEASE SHE'S ON A MONTH TO MONTH.
CANCEL I DON'T YOU GIVE HER NOTICE THE DAY AND TAKE OVER THE PROPERTY IN JANUARY BECAUSE THE, A MORATORIUM ON EVICTIONS HAS BEEN CONTINUED TO BE KICKED DOWN THE ROAD TO WHERE EVEN TODAY WE CAN'T EVICT UNTIL NEW YEAR'S EVE.
WE HAVE FILED ON MULTIPLE OCCASIONS TO EVICTOR WHEN IT GETS TO THE STICKINESS OF YOU HAVE SOME INDIVIDUALS IN THAT PROPERTY THAT THEY'RE THERE, THEIR DISABILITY, THEY GET SOCIAL SECURITY, SHE'S COLLECTING THEIR SOCIAL SECURITY TO PROVIDE THEM A PLACE TO LIVE.
WE CAN'T, WE CAN'T PUSH THAT ENVELOPE.
I HAVE A LAWYER JOHN DAYS THAT IS ACTUALLY IN THE PROCESS WITH DECIDING OF THIS COMMISSION BEING IN FRONT OF YOU TONIGHT IS WE ARE NOW GOING TO TRY TO TAKE HER TO THE JP COURT SHOWING OF THE SERIES OF EVENTS, AS WELL AS THE PRESENTATION FOR TONIGHT TO SEE IF WE CAN'T GET A JUDGE TO LISTEN TO.
DO YOU WANT US TO APPROVE THIS BINDING SO THAT YOU CAN MOVE FORWARD WITH YOUR PLAN? I CAN'T UNDERSTAND YOU.
SAY, CAN YOU SAY IT ONE MORE TIME? YOU WANT US TO APPROVE CODES BINDING SO THAT YOU CAN MOVE AHEAD WITH YOUR LEGAL PLAN.
DO YOU WANT ME TO REPEAT I'VE I'VE ALREADY DONE THE REPAIRS ON THE 17TH, BUT IF YOUR QUESTION ASKING ME IF I'M ASKING FOR THE COMMITTEE TO GIVE ME THE ABILITY TO MOVE FORWARD IN VICTIM, IS THAT WHAT YOU'RE SAYING? TH THE QUESTION IS, DO YOU WANT THE COMMISSION TO ISSUE AN ORDER? THE ORDER THAT WAS WELL SERVED, STAFF STAFF'S RECOMMENDED ORDER AND THE RECOMMENDED ORDERS TO BE WHITE.
SO AS YOU HAVE TO REPAIR IN 30 DAYS, BUT EVERY TWO DAYS, YOU'RE GOING TO CONTINUE TO CLEAN UP UNTIL THE GRINDER PUMP IS REPLACED, AND THAT WOULD BE 30 DAYS.
AND WHAT THE COMMISSIONER GREEN IS ASKING YOU IS WILL THAT HELP YOUR CASE? DO YOU THINK, AS FAR AS THE EVICTION CASE, IF WE WENT THAT ROUTE, UH, CITING FOR US TO DO THE REPAIR ON THE PUMP, WHICH THERE'S NOTHING WRONG WITH THE PUMP, IT'S A MATTER OF GOING AND UNCLOGGING THE PUMP WITH THE SANITARY WIPES.
IF THE SANITARY WIPES WERE TO BE STOPPED TOMORROW,
[01:30:02]
THE PUMP SYSTEM WOULD NOT HAVE A PROBLEM.WELL, I'M IN THIS COMMITMENT THING.
THERE'S NOTHING WE CAN DO ABOUT THAT.
UM, WE CAN CERTAINLY TRY TO WORK.
YOU WORK WITH YOU TO ADDRESS SPECIFIC, HAVE IT CLEAR PUBLIC HEALTH AND PUBLIC SAFETY ISSUE.
UM, AND IF YOU COULD ARTICULATE WHAT TYPE OF, UM, ACTION WE COULD TAKE TO ASSIST IT WOULD BE CONSIDERED THAT.
BUT RIGHT NOW, WHAT WE CAN DO IS WE CAN TAKE THIS FINDINGS OF FACT AND RECOMMENDED ORDER, MODIFY IT TO SOME DEGREE, IF THAT'S GOING TO HELP YOUR LEGAL STRATEGY, MR. GREEN, UM, WE ACTUALLY FILED FOR A PERMIT ON THE 21ST OF JUNE, SINCE WE CHANGED THE PUMP OUT, I HAD TO HAVE A PLUMBER GO AND VERIFY THE INSTALLATION OF THE PUMP AND TO PUT A CHECK VALVE IN.
WE FILED THAT DUE TO THE FACT OF THE PLUMBER, NOT FOLLOWING THROUGH WITH WHAT HE WAS SUPPOSED TO DO AND PAYING FOR THE PERMIT.
IT WAS BROUGHT TO MY ATTENTION A MONTH OR SO LATER BY MR. DUMAS THAT WE DIDN'T HAVE THE RIGHT, SORRY, THE RIGHT PERMIT, UM, FILED FOR.
SO AT THAT POINT, WE WENT AHEAD AND REFILED FOR A PERMIT TO INSPECT FOR FINAL ON THE PUMP BEING INSTALLED THAT HAS PASSED MR. BRUNO, YOUR TIME IS UP.
THAT WAS NOT REALLY A RESPONSE TO THE QUESTION I WAS TRYING TO UNDER.
THEN WE MIGHT HAVE OTHER QUESTIONS TOO.
ARE THERE OTHER COMMISSION QUESTIONS FROM THE COMMISSION? UM, JUST TO COMMENT, UM, I DON'T REALLY HAVE A, ACTUALLY I DO HAVE ONE QUICK QUESTION.
THE OWNER, YOU SAID YOU'RE THE BROKER FOR THE PROPERTY, YOU KNOW, THE MANAGER FOR THE PROPERTY, BASICALLY.
AND THE OWNERS TOO, THEY GOT POSSESSION OR ACQUIRE THE PROPERTY IN 2012 AND BETWEEN THEN AND NOW, AND END OF LAST YEAR, YOU NEVER HAD ANY PROBLEMS WITH THIS.
TO MY KNOWLEDGE, THERE ARE NO CASES THAT HAVE BEEN FILED ON THE PROPERTY UP UNTIL JUNE OF 2021.
I WAS VERY SURPRISED WITH WHAT I HEARD FROM THE WATER, I GUESS IT'S THE WATER DISTRICT.
THERE WAS AN EMAIL THAT SAID THAT THEY NOTIFY THE PROPERTY OWNER WHENEVER THEY HAD THE CALLS TO COME OUT.
SO I THINK THAT WILL BE STANDARD PROCEDURE, BUT, YOU KNOW, I'LL TAKE YOUR WORD FOR IT.
IT'S UNFORTUNATE WHAT YOU'RE DEALING WITH WITH THE TENANTS.
UM, I THINK THAT OUR JOB HERE IS TO DETERMINE WHETHER THERE ARE ISSUES AND CLEARLY THERE ARE ISSUES EVERYBODY AGREES AND MAYBE YOUR RECOURSE WOULD BE TO PASS ON WHATEVER COSTS ARE INCURRED TO THE TENANT, ULTIMATELY.
UH, BUT I THINK THAT IT'S CLEAR THAT, YOU KNOW, THERE ARE ISSUES THAT NEED TO BE ADDRESSED.
CAN YOU REPEAT THAT LAST TWO SENTENCES FOR ME, PLEASE? MAYBE YOUR RECOURSE WOULD BE TO SHIFT ALL YOUR COSTS THAT ARE ASSOCIATED WITH CLEANING UP AND PUMP REPLACEMENT TO THAT TENANT BECAUSE YOU WILL END UP IN LITIGATION IS WHAT IT SOUNDS LIKE.
SO ULTIMATELY THERE ARE ISSUES THAT WE ALL AGREE ON AND THOSE NEED TO BE ADDRESSED IN THE MEANTIME, CHARGES HAVE BEEN APPLIED TO HER TENANT LEDGER.
SO WHEN IT DOES GO TO COURT, IT WILL BE RECTIFIED IN THAT MATTER.
BUT AGAIN, THAT BASED ON WHAT I UNDERSTAND THAT HOLDS NO WEIGHT ON THE RESPONSIBILITY BASED ON THE DEFINITION OF, UH, OF THE CITY.
ARE THERE OTHER QUESTIONS FROM THE COMMISSION, LIKE A CALL FOR THE VOTE? UH, WE NEED, UH, WE NEED A MOTION THAT WE CLOSE THE DISCUSSION, WE CALL IT AND I CALL IT.
WHAT ARE WE VOTING ON? WOULD THAT BE PRESENTED TO COMMISSION? OKAY.
TO ACCEPT STAFF'S RECOMMENDED ORDER IS THAT'S YOUR MOTION.
AND IS THERE A SECOND ON THAT AND COMMISSIONER HERRERA, ANY FURTHER DISCUSSION AMONG THE COMMISSION? I GUESS WE'RE DONE.
I JUST, MY THOUGHTS ARE THAT WE REALLY DON'T HAVE ANY CHOICE BECAUSE IT'S, THESE ARE SANITARY ISSUES.
SO IT HAS, IT'S ALMOST LIKE TIME IS OF THE ESSENCE.
AND IT'S NICE THAT WE WENT INTO THE BACKSTORY AND WE UNDERSTAND THAT THE LANDLORD TENANT ISSUES CAN BE TOUGH, BUT YOU KNOW, THE DECISION SEEMS QUITE CLEAR IN WHAT NEEDS TO BE DONE.
I WAS JUST GOING TO BASICALLY AGREE WITH A COMMISSIONER OF A MOOD DAY THAT, YOU KNOW, LANDLORD TENANT ISSUES ARE, ARE NOT UNDER OUR CONTROL.
THAT'S BEYOND THE PURVIEW OF WHAT WE DECIDE.
SO, UM, YOU KNOW, WE JUST NEED TO FOCUS ON THE
[01:35:01]
ISSUES, YOU KNOW, THE CONDITIONS IN FRONT OF US, AND THEN THOSE ARE, THOSE OTHER ISSUES WILL HAVE TO BE ADDRESSED BY THE OWNER.CAN YOU HEAR HERRERA? UM, YEAH, I AGREE THAT THAT, UM, UH, YOU KNOW, LANDLORD ISSUES MAY BE TOUGH AND I AGREE THAT THEY'RE NOT IN OUR PURVIEW, BUT YOU KNOW, THERE'S THOUSANDS OF LANDLORDS IN THE CITY.
THERE'S LOTS OF APARTMENTS IN THE CITY AND WE SEE A LOT OF CASES AND THIS IS THE ONLY ONE THAT HAS THIS LEVEL OF SANITARY VIOLATION.
SO I HAVE TO BELIEVE THERE'S SOMETHING DOESN'T MAKE SENSE HERE IN TERMS OF HOW THIS PROBLEM IS BEING MANAGED.
EVERYBODY ELSE IN THE CITY SEEMS TO BE MANAGING THIS PROBLEM EXCEPT THIS ONE PROPERTY.
UM, IN FACT, THIS IS ONE INSTANCE WHERE I THINK KIND OF OUR CITY, OUR ORDER, ISN'T LIKE, DOESN'T GO FAR ENOUGH.
I MEAN, THIS IS STILL GOING TO CONTINUE FOR AT LEAST 30 DAYS.
UM, YEAH, I MEAN, THAT, THAT IS, THAT IS THAT'S DISGUSTING.
AND, UH, THAT SHOULD NOT BE TAKING PLACE IN THE CITY OF AUSTIN.
UH, NO NEIGHBORS SHOULD HAVE TO PUT UP WITH THIS.
NO TENANTS SHOULD HAVE TO PUT UP WITH THIS.
ABILA UH, I AGREE WITH THE ORDER OF WHAT, WITH ONE EXCEPTION, THE AMOUNT OF THE FINE A THOUSAND DOLLARS A FIVE WOULD BE THE MINIMUM, MAYBE LIKE ABOUT A HUNDRED DOLLARS.
I WOULD GO WITH IT, BUT IN LIGHT OF THE CIRCUMSTANCES, I DON'T SEE WHY WE SHOULD EVER FIND A THOUSAND DOLLARS.
UH, JUST, THERE'S NO FURTHER DISCUSSION.
I'LL GO AHEAD AND CALL THE QUESTION.
I'LL DO A ROLL CALL VOTE AGAIN.
SO, UM, IF YOU ARE IN FAVOR OF THE MOTION, WHICH IS TO ADOPT STAFF'S RECOMMENDED ORDER, UM, SAY AYE, AND I'LL START WITH YOU.
UH, COMMISSIONER FERERA ALL RIGHT.
COMMISSIONER
UH, COMMISSIONER GREEN RELUCTANTLY AGAIN.
THAT WASN'T VERY CLEAR WHERE YOU, YOU ARE AGAINST.
COMMISSIONER IS STILL STUD I, AND I AM IN FAVOR AS WELL.
THAT WAS TWO AGAINST AND SEVEN IN FAVOR, I BELIEVE.
UH, SO THE, UH, COPY OF THE ORDER WILL BE MAILED OUT TO YOU AND IF YOU HAVE QUESTIONS, PLEASE GET WITH YOUR INSPECTORS, UM, MARTINEZ AND DUMAS.
AND, UH, WE DO WISH YOU THE BEST OF LUCK.
THANK YOU FOR COMING TO SEE US.
[3. Case Numbers: CL 2021-156945; CL 2021-157042; CL 2021-157020; CL 2021-157000; and CL 2021-157024 Property address: 8900 N. IH 35, aka Orbit Apartments; Exterior of Buildings 17, 18, 19, 20 & 21 / Owner: 8900 Austin, LLC Staff presenter: John Serna Staff recommendation: Repair Repeat Offender Program multi-family commercial structures]
ON THE AGENDA.AS A COMMERCIAL MULTIFAMILY PROPERTY IN THE REPEAT OFFENDER PROGRAM LOCATED AT 8,900 NORTH
THE CASE NUMBERS ARE AS FOLLOWS.
BUILDING 17 IS EXTERIOR BUILDING 17.
EXTERIOR IS CL 20 21 1 5 6 9 4 5.
EXTERIOR IS CL 20 21 1 5 7 0 4 2 BUILDING 19 EXTERIOR IS CL 20 21 1 5 7 0 2 0.
BUILDING 20 EXTERIOR IS CL 20 21 1 5 7 0 0 0.
EXTERIOR IS CL 20 21 1 5 7 0 2 0 0 2 4.
EXCUSE ME, ALL EXHIBITS AND OTHER RELEVANT DOCUMENTS FOR THIS PROPERTY CAN BE FOUND IN THE GOOGLE DRIVE FOLDER OR READER IN A FOLDER ENTITLED 8,900 NORTH
LET'S REVIEW A FEW FACTS ABOUT THIS PROPERTY.
THIS IS ABOUT A COMMERCIAL MULTI-FAMILY PROPERTY WITH A TOTAL OF 25 BUILDINGS AND OVER 500 UNITS TONIGHT, WE ARE ADDRESSING THE EXTERIOR OF BUILDING OF FIVE BUILDINGS, CONSISTING OF FIVE SEPARATE CASES.
THE CASES WERE OPENED AND SUBSEQUENTLY ESCALATED TO BSC AS A RESULT OF AN ANNUAL INSPECTION OR THE REPEAT OFFENDER PROGRAM.
THESE STRUCTURES HAVE SUBSTANDARD CONDITIONS REQUIRE REQUIRING REPAIR AND THE GOOGLE DRIVE FOLDER OR READERS.
YOU WILL FIND THE FOLLOWING FOR EACH OF THE REFERENCE CASES, EXHIBIT ONE, WHICH CONTAINS A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP REQUIRED NOTICES OF HEARING AND POSTINGS A STRUCTURAL MAP OF THE PROPERTY,
[01:40:01]
EVEN NUMBERED EXHIBITS TWO THROUGH 10, WHICH CONTAIN THE COMPLAINTS IN CASE HISTORIES AND THE NOTICES OF VIOLATION ODD NUMBERED EXHIBITS THREE THROUGH 11, WHICH CONSISTS OF CODES, PHOTOGRAPHS OF THE PROPERTY AND VIOLATIONS AS WELL AS CODES RECOMMENDED ORDERS.AUSTIN CODE INSPECTOR, JOHNNY CRNA IS HERE TONIGHT TO PRESENT THE EXHIBITS PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED AND CHAIR, I BELIEVE, UM, INSPECTOR CERNER HAS NOT BEEN SWORN IN.
WE WILL TAKE CARE OF THAT RIGHT NOW.
SO INSPECTOR SERNA, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.
AND I BELIEVE YOU CAN GO AHEAD.
I AM A CITY OF AUSTIN AND CODE INSPECTOR FOR THE REPEAT OFFENDER PROGRAM.
THE CASES I AM PRESENTING BEFORE YOU WILL BE 4 8900 NORTH IAH, 35 SOUTHBOUND, UH, BUILDING 17, 17 THROUGH 21 OF AN EXTERIOR PERIODIC REPEAT OFFENDER PROGRAM INSPECTION.
AND THE FACTS OF THE CASE ARE AS FOLLOWS.
THIS PROPERTY IS CURRENTLY RE REGISTERED WITH THE REPEAT OFFENDER PROGRAM AND HAS BEEN SO WITH THE CURRENT OWNER, SINCE SEPTEMBER OF 2020, IN NOVEMBER OF 2020, I WAS REASSIGNED THIS PROPERTY UPON MY INSPECTIONS OF THIS PROPERTY AND ITS CASES.
I FOUND THE PROPERTY HAS MULTIPLE EXTERIOR AND INTERIOR IPMC VIOLATIONS ON JUNE 10TH OF THIS YEAR.
I POSTED THIS PROPERTY WITH THE NOTICES OF VIOLATION SINCE NOVEMBER OF 2020 THROUGH TODAY, I HAVE MADE MULTIPLE INSPECTIONS OF THIS PROPERTY AND HAVE FOUND VERY FEW DEFICIENCIES HAVE BEEN ADDRESSED AND MANY CONTINUE TO REMAIN THE FOLLOWING PHOTOGRAPHS.
I AM PRESENTING AS EVIDENCE ARE A REPRESENTATION OF THE MANY DEFICIENCIES FOUND THROUGHOUT THE PROPERTY AND ITS BUILDINGS.
CAN WE MOVE FORWARD? UH, THERE WERE, I'M SORRY, UH, EXHIBITS THREE, A THREE B AND THREE CR CONTEXTUAL PHOTOGRAPHS OF THE FRONT OF THE PROPERTY, THE MONUMENT SIGN AND BUILDING 17.
EXCELLENT EXHIBITS THREE D AND E ARE REPRESENTATIVE PHOTOGRAPHS OF SOME OF THE SIDING CONDITIONS FOUND THROUGHOUT THE PROPERTY, INCLUDING BUILDING 17.
AS YOU CAN SEE, SOME OF THE SIDING, UH, HAS DETACHED FROM THE BUILDING, BRINGING ALONG THE ELECTRICAL FIXTURE THAT WAS ATTACHED TO IT AS SEEN IN EXHIBIT D WHILE OTHER AREAS HAVE HOLES AND OR DETERIOR SIDING AS AN EXHIBIT THREE E NEXT SLIDE, PLEASE EXHIBIT THREE F 3G AND THREE H ARE SOME REPRESENTATIVE EXAMPLES OF DEFICIENCIES AGAIN, FOUND THROUGHOUT THE ENTIRE PROPERTY, INCLUDING BUILDING 17, WHICH IS NOW BEING PRESENTED OF THE STAIRWAYS.
AS YOU CAN SEE THE GUARDRAILS, UH, FOUND THROUGHOUT THE PROPERTY, UM, HAVE DETERIORATION NEXT SLIDE, UNLEVEL, OR MISSING STRUCTURAL POSTS IN OTHER STAIR LANDINGS, ALONG WITH DETERIORATION FOUND IN MANY OF THE STRUCTURAL JOISTS, INCLUDING UNSECURED FOR FLOOR LATS.
THAT'S A CLOSEUP OF, OF THAT, UH, PICTURE YOU CAN SEE AS COMPLETELY ON LEVEL.
NEXT SLIDE, EXHIBIT THREE EYES AND OTHER REPRESENTATIVE.
PICTURE OF DETERIORATION FOUND IN MANY OF THE STRUCTURAL JOISTS IN THE STAIRWAY, LANDINGS AND BALCONIES OF BUILDING 17.
YOU CAN SEE RIGHT ABOVE THE DOORWAY.
THE, UH, ONE OF THE JOIST IS COMPLETELY ROTTED OUT.
NEXT SLIDE PLEASE EXHIBITS THREE J AND THREE K ARE MORE REPRESENTATIVE PICTURES OF DETERIORATION AND DISREPAIR FOUND IN STAIRWAYS AND THE SIDING.
UH, EXHIBIT THREE J SHOWS A CONDITION OF SOME OF THE RENT.
UH, THE HAND RAILS AND SIDING FOUND AT BUILDING 17.
YOU CAN SEE RIGHT ABOVE THE LIGHT IN THE BACKGROUND THERE, SOME OF THE SIDING AND WITH DETERIORATION, EXHIBIT THREE K SHOWS A JOIST.
NEXT SLIDE, EXHIBIT THREE K SHOWS THAT JOIST ON THE VERGE OF FALLING.
EXHIBIT THREE, M N O, AND P ARE
[01:45:01]
REPRESENTATIVE PICTURES OF SOME OF THE ELECTRICAL.EXHIBIT A THREE L I'M GOING TO GO BACK HERE IS A REPRESENTATIVE PICTURE OF SOME OF THE SECOND STORY GUARDRAILS THAT ARE FOUND THROUGHOUT THE PROPERTY.
YOU CAN SEE THAT, UH, THEY, UM, STARTED TO, UH, PUT THE BOLT IN, BUT DECIDED HALFWAY AT THAT WOULD BE GOOD ENOUGH.
AND AGAIN, THIS IS A REPRESENTATIVE PICTURE OF MANY OF THE DEFICIENCIES THAT ARE FOUND JUST LIKE THIS THROUGHOUT THIS, UH, BUILDING.
NEXT SLIDE, EXHIBIT THREE M THROUGH THREE P ARE GOING TO BE REPRESENTATIVE PICTURES OF SOME OF THE ELECTRICAL INSTALLATIONS FOUND THROUGHOUT THE PROPERTY AND BUILDING 17, WHERE YOU CAN SEE ELECTRICAL LIGHTING.
YOU CAN SEE THE LIGHTING NEXT SLIDE, UH, AND AIR CONDITIONERS.
THEY'RE CONDUITS THAT ARE IMPROPERLY INSTALLED WITH EXPOSED HIGH AMPERAGE AND A HIGH VOLTAGE ELECTRICAL WIRING.
ALL OF THE AIR CONDITIONERS AND THEIR CONDUITS ALONG WITH THEIR SERVICE DISCONNECTS ARE FOUND AT GROUND LEVEL.
NEXT SLIDE IT SAYS EXHIBIT A THREE OH IS A PICTURE OF A RECENTLY INSTALLED, UH, AIR CONDITIONER.
UM, THAT WAS DONE, THAT WAS DONE IN A SUBSTANDARD MANNER.
YOU CAN ALREADY SEE THAT THE, UM, THE, UH, VACUUM MINE IS FROZEN.
NEXT SLIDE IS A PICTURE OF MORE, UH, IMPROPERLY INSTALLED, EXPOSED ELECTRICAL WIRING AND IMPROPERLY INSTALLED CONDUIT.
HERE'S A PICTURE OF A DEFICIENCY THAT IS FOUND THROUGHOUT MANY OF THE BUILDINGS.
THIS IS A PICTURE OF, UM, MAIN ELECTRICAL PANELS MISSING THEIR DEAD FRONT FACE PLATE COVER AGAIN, EXPOSING HIGH AMPERAGE, HIGH VOLTAGE, UM, WIRING TO ANYBODY OPENING HER, PLAYING AROUND THESE AREAS.
AND THIS WILL CONCLUDE MY EXCEPTIONS.
I PRESENTATION OF BUILDING 17, AND WE WILL BEGIN OUR PRESENTATION OF BUILDING 18.
EXHIBIT A IS A CONTEXTUAL PHOTOGRAPH OF A BUILDING AUNTIE 18.
NEXT SLIDE, PLEASE EXHIBITS FIVE, B, C, AND D ARE GOING TO BE PHOTOGRAPHIC REPRESENTATIONS OF PORCH AREAS, SIDING AND GUTTER SYSTEMS FOUND IN DISREPAIR AND BUILDING 18.
AND AGAIN, THROUGHOUT THE ENTIRE PROPERTY IS A PORCH AREA IN DISREPAIR.
THERE'S ONE OF THE GUTTER SYSTEMS, UM, IN DISREPAIR.
THIS RIGHT HERE IS A PHOTOGRAPH EXHIBIT FIVE D IS A PHOTOGRAPH OF A FAILING GUTTER SYSTEM THAT ACTUALLY BEGAN TO LEAK ONTO THE SIDING RIGHT BELOW IT AND BEGAN TO DETERIORATE IT.
EXHIBITS E AND FIVE ARE MORE PHOTOGRAPHIC EXAMPLE, EXAMPLES OF THE EXTERIOR OF BUILDING 18, WHERE YOU CAN CLEARLY SEE THE HOLES IN THE PORCH CEILINGS.
NEXT SLIDE, PLEASE, AND TRIM IN DISREPAIR BY THE TENANT WALKWAY ENTRANCES, INCLUDING A DTA DETACHING LIGHT FIXTURE RIGHT ABOVE THE NUMBER 2143.
EXHIBIT G IS ANOTHER REPRESENTATIVE PICTURE OF THE EXTERIOR OF THE WATER SPIGOTS MISSING THEIR ANTI-PSYCHOTIC VALVES ALONG WITH MORE SOCIETY AND INDUSTRY PAIR TO THE LEFT OF IT.
FIVE H IS A PHOTOGRAPH OF A SUBSTANDARD REPAIR THAT WAS MADE TO SOME OF THE DETERIORATING JOISTS, UH, AT THIS BALCONY, UH, CORRECTIONS ARE GOING TO HAVE TO BE MADE TO BRING, UH, THIS, UH, ATTEMPT AT REPAIR TO CURRENT CODE STANDARDS.
NEXT SLIDE, PLEASE EXHIBITS FIVE THROUGH K ARE GOING TO BE MORE REPRESENTATIVE PHOTOS OF MORE ELECTRICAL INSTALLATIONS FOUND AT BUILDING 18 AND THE ENTIRE PROPERTY.
THESE THREE EXHIBITS WILL SHOW DEFICIENCIES THAT HAVE BEEN HERE FOR WELL OVER A YEAR, OPEN ELECTRICAL RECEPTACLES, JUNCTION BOXES, AND MAIN ELECTRICAL PANELS WITH EXPOSED ELECTRICAL WIRING IMPROPERLY INSTALLED SERVICE COVERS AND ARE COMPLETELY MISSING DEAD FRONT COVERS AND MAIN ELECTRICAL PANELS.
THERE'S ANOTHER PICTURE OF ANOTHER DEAD FRONT, UH, UH, FACE PLATE COVER MISSING OFF OF A, UM, ANOTHER ELECTRICAL, UM, MAIN BOX.
THAT'S ANOTHER PICTURE OF THE SAME ISSUE.
FIVE AL AGAIN IS ANOTHER PICTURE OF AN IMPROPERLY INSTALLED
[01:50:01]
AIR CONDITIONER, UH, WHERE THEY JUST WENT AND INSTALLED THESE AIR CONDITIONERS.DIDN'T BOTHER PUTTING IN THE SUCTION LINE, UH, INSULATION OR CHANGING OUT ANY OF THESE CONDUITS, THE WHIPS AS THEY'RE KNOWN BY THE TRADE THAT INSTALLS THEM.
NEXT SLIDE AGAIN, MORE, MORE EXPOSED ELECTRICAL, UM, WIRING NEXT THAT WILL CONCLUDE MY PRESENTATION OF BUILDING 19 AND WE WILL BEGIN OUR PRESENTATION.
I MEAN, A BUILDING 18 AND B BEGIN OUR PRESENTATION OF BUILDING 19 EXHIBIT SEVEN, B IS A CONTEXTUAL REPRESENTATION OF BUILDING 19 SEVEN, B OR 7:00 AM APOLOGIZED SEVEN B AS A PHOTOGRAPH AND REPRESENTATION OF ANOTHER MISSING.
ANTI-SCIENCE INVALID A LOT OF THE SAME ISSUES THAT WE HAD IN PREVIOUS BUILDINGS, ALONG WITH SOME DISREPAIR RIGHT UNDERNEATH THAT, UH, THAT WATER SPIGOT X SLIDE 17 SHOWS AGAIN, ANOTHER ANTI SIPHON VALVE, MORE, UH, ELECTRICAL, UH, CONDUIT THAT HAS BEEN IMPROPERLY INSTALLED, EXPOSING MORE ELECTRICAL, HIGH VOLTAGE AND AMPERAGE WIRING AT TO ANYBODY AT GROUND LEVEL.
NEXT SLIDE, UH, EXHIBIT 70 IS ANOTHER PHOTOGRAPH AGAIN OF ANOTHER SUBSTANDARD REPAIR THAT WAS MADE AGAIN IN AN ATTEMPT TO TRY TO REMEDY SOME OF THESE, UH, DEFICIENCIES FOR THIS PARTICULAR BUILDING.
AND A LOT OF THESE ARE SUB STANDARDS OF REPAIR THAT ARE GOING TO NEED CORRECTIONS TO BRING, UH, THESE REPAIRS TO CURRENT CODE STANDARDS.
NEXT SLIDE, PLEASE EXHIBIT SEVEN, THE III THROUGH SEVEN H ARE GOING TO BE REPRESENTED A PHOTOGRAPH OF MORE DETERIORATION FOUND IN BALCONY, JOYCE TRIM, CEILING AREAS, SIGHTING AND LIGHTS MISSING A PROPER COVER.
NEXT SLIDE YOU CAN SEE RIGHT ABOVE THE HALLOWEEN DECORATIONS AGAIN, ANOTHER, UH, CEILING IN THIS REPAIR, RIGHT ABOVE THE TENANTS AT HOME.
AND THIS PHOTOGRAPH YOU CAN, YOU GOT TO LOOK A LITTLE BIT CLOSER.
I TRIED TO TAKE FOR THE SAKE OF TIME PHOTOGRAPHS THAT INCLUDED MULTIPLE, UH, DEFICIENCIES FROM THE LIGHT MISSING, UH, THE PROPER COVER TO DETERIORATING, UH, CITING, UM, RIGHT IN FRONT OF 1151 AND THE FARTHEST, UH, UH, DOOR.
THAT WOULD BE A CLOSEUP OF THE 1152 WITH MOTOR DETERIORATION AND IN THE, UH, EXTERIOR CEILING SIDE, THE EXTERIOR SIDE, UH, CEILING, I'M SORRY, NEXT SLIDE PLEASE.
UH, THIS IS ANOTHER PHOTOGRAPH, UH, THAT I'VE TAKEN FOR WELL OVER A YEAR OF A MORE SIGHTING IN DISREPAIR, UH, MORE ELECTRICAL CONDUITS THAT ARE NOT PROPERLY INSTALLED.
AN ATTEMPT HERE WAS MADE TO REPAIR.
ONE OF THE HOLES IN THE SIDING.
UM, THIS PIECE OF WOOD WAS HAPHAZARDLY PUT UP THERE TO ALSO HELP PROP UP ONE OF THE SERVICE DISCONNECTS.
UH, THEY, THEY DID REPAIR THE OUTLET.
IF YOU COULD LOOK DOWN AT THE BOTTOM, THEY DID PUT THE PROPER COVER.
SO THERE WERE WELL AWARE OF THE ISSUES THAT ARE THERE, UM, BY EVEN GOING IN AND AT LEAST PUTTING A COVER ON, ON ONE OF THE OUTLETS THAT WAS MISSING IT, BUT THEY TOTALLY IGNORED THIS SITUATION.
THIS IS A PICTURE OF A DETERIORATING, UH, ELECTRICAL CLOSET THAT HOUSES ALL THE MAIN ELECTRICAL PANELS FOR THIS BUILDING.
AGAIN, MORE, MORE PHOTOGRAPHIC EXAMPLES OF MISSING DEAD FRONT FACE PLATE COVERS ON ELECTRICAL MAINS.
ANOTHER, A PICTURE OF A DETERIORATED ELECTRICAL SERVICE, UH, OUTLET X SLIDE, AND IT HAS EXPOSED ELECTRICAL MISSING COVERS MORE, MORE EXPOSED, ELECTRICAL CONDUIT, MORE SUCTION LINES MISSING THE, THE PROPER INSTALLATION TO, UH, PROPERLY, UH, RUN THESE MACHINES EFFICIENTLY AND EFFECTIVELY.
NEXT SLIDE AGAIN, WE, ANOTHER CONDUIT MORE OF THE SAME ISSUES.
NEXT SLIDE SEVEN P IS SADLY A PHOTOGRAPHIC EXAMPLE OF A CONDITION THAT IS PLAGUING THIS, UH, BUILDING AND THE ENTIRE PROPERTY, BOTH EXHIBIT, UM, EXHIBITS SEVEN P AND SEVEN Q WILL SHOW THE ELECTRICAL SERVICE PANELS TO SOME OF THESE GROUND LEVEL AIR CONDITIONERS THAT ARE COMPLETELY MISSING.
THIS ISSUE HAS BEEN LIKE THIS FOR WELL OVER A YEAR.
AND I'VE PERSONALLY SPOKEN WITH
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MANY IN THE MANAGER IN THE MANAGEMENT ABOUT THIS ISSUE FROM DAY ONE, DUE TO THE MANY CHILDREN THAT I HAVE WITNESSED, UH, THAT LIVE HERE AND PLAY AROUND THESE PARTICULAR UNITS.UM, THEY'RE BASICALLY EXPOSED TO HIGH VOLTAGE, HIGH AMPERAGE, UH, INCLUDING THE, UH, CAPACITOR THAT, UH, HELPS RUN THESE UNITS.
THERE'S A, ANOTHER UNIT WITH, UH, EX YOU KNOW, EXPOSED HIGH ELECTRICAL, UM, UNCOVERED ALONG WITH ANOTHER HOLE IN THE SIDING RIGHT BEHIND THE, A SERVICE DISCONNECT AND NEXT SLIDE THAT WILL CONCLUDE MY PRESENTATION OF BUILDING 19.
AND WE WILL MOVE ON TO BUILDING 29 A WE SHOW NINE EIGHT.
THAT WAS A CONTEXTUAL PHOTOGRAPH OF BUILDING 20.
YOU CAN SEE RIGHT ABOVE RIGHT BELOW THE LIGHT, UH, IS IMPROPERLY INSTALLED A CONDUIT FOR THAT LIGHT.
AND IF YOU LOOK RIGHT IN BETWEEN THE CONDUIT AND THE LIGHT, THAT'S MORE EXPOSED ELECTRICAL EVEN, UH, IN THE, UH, AREA LIGHT.
NINE B THROUGH H ARE GOING TO BE MORE REPRESENTATIVE PHOTO OF PHOTOGRAPHS OF IMPROPER REPAIRS THAT WERE MADE AT BUILDING 19 THAT WILL NEED CORRECTIONS.
UH, THE PHOTOS SHOW AGAIN, MORE FAILING WE'LL SHOW MORE GUTTER SYSTEMS IN DISREPAIR, MORE, UH, LIGHT FIXTURES WITH BROKEN COVERS, MISSING COVERS, UM, DAMAGE TO CEILING AND BALCONIES WITH, UH, SOME DETERIORATION X SIDE.
HERE'S PART OF THAT FAILING GUTTER SYSTEM.
YOU KNOW, WATER HAS NOWHERE TO GO.
I TOOK, I APOLOGIZE FOR SOME OF THESE PICTURES.
UH, I TOOK THESE PICTURES, YOU KNOW, DURING, UH, THE RAIN, UH, BUT IT'S A PERFECT EXAMPLE.
I KNOW SOME OF THEM MIGHT BE SLIGHTLY BLURRY, BUT, UH, WE CAN SEE HERE, YOU KNOW, THE PERFECT EXAMPLE OF THESE GUTTER SYSTEMS, UH, FAILING.
THERE'S ANOTHER, THAT'S A DIFFERENT GUTTER.
HERE'S ARE SOME, UH, UH, REPAIRS THAT, UH, WERE MADE SUBSTANDARD AT THE BUILDING, UM, INSTALLATION OF A WINDOW AND A PATCH TOWARDS THE FRONT.
SAME WITH THE DOORS, UH, INSTALLED THE NEW DOOR, UM, TO TRY TO MITIGATE SOME OF THE ISSUES WITH THIS BUILDING.
AGAIN, MORE DETERIORATION RIGHT ABOVE THAT, UH, THAT UNIT 1116, NEXT SLIDE.
YOU CAN SEE WHERE REPAIRS WERE MADE TO THE JOISTS, WHERE THEY, UH, AGAIN, ATTACHED NEW JOISTS TO, UH, JOYCE THAT ARE EXISTING AND CONTINUE TO HAVE DETERIORATION ALONG WITH, UH, DETERIORATING A CEILING RIGHT ABOVE THAT UNIT.
UH, THESE CORRECTIONS, I MEAN, THESE REPAIRS ARE GOING TO NEED CORRECTIONS TO BRING THEM INTO A CURRENT CODE STANDARDS.
NINE H AGAIN, ANOTHER EXAMPLE OF, UM, THE REPAIRS THAT WERE MADE THAT ARE GOING TO HAVE TO BE BROUGHT INTO A CURRENT CODE STANDARDS.
NEXT SLIDE, PLEASE NINE H THROUGH NINE, AND ARE GOING TO BE MORE PHOTOGRAPHIC, UH, PICTURES OF FAILING AC SYSTEMS. AS WE SEE THIS ONE RIGHT HERE, IT'S, IT'S COMPLETELY FLOW, UH, FROZEN THROUGH.
UM, WE ALSO HAVE ANOTHER REPRESENTATION OF MORE, UH, WATER SPIGOTS MISSING THE REQUIRED
THIS IS, UM, A PHOTOGRAPH OF MORE DISPOSE, ELECTRICAL, MORE IMPROPERLY INSTALLED, UH, ELECTRICAL CONDUIT, AND NEXT SLIDE, MORE ELECTRICAL CONDUIT THAT IS IMPROPERLY INSTALLED ALONG WITH THE HOLES IN THE SIDING.
NEXT SLIDE, ANOTHER SERVICE DISCONNECT THAT IS NOT WORKING AND FUNCTIONING AS INTENDED ALONG WITH, UH, UM, SOME ATTEMPTS TO REPAIR SOME OF THE MISSING, UH, COVERS.
YOU COULD SEE THEY GRABBED, UH, A COVER THAT THEY HAD AND, UH, TRIED TO, UH, TO COVER THE EXPOSED ELECTRICAL.
UH, GO AGAIN, MORE CONDUIT THAT IS IMPROPERLY INSTALLED IN NINE M EXHIBIT NINE M NEXT SLIDE.
THIS IS A, ANOTHER EXAMPLE OF MORE ELECTRICAL INSTALLATIONS.
THIS RIGHT HERE WAS CONCERNED TO ME.
THIS IS A, THIS IS WHAT YOU'RE LOOKING AT AGAIN, THE, I APOLOGIZE FOR THE PICTURES DUE TO THE RAIN.
WHAT YOU'RE LOOKING AT THERE IS THE COVER TO THE MAIN ELECTROSTATIC ELECTRICAL SERVICE COMING IN FROM THE CITY INTO THESE APARTMENTS THAT FEEDS ALL THE MAIN ELECTRICAL PANELS FOR THIS PARTICULAR, UH, BUILDING.
THIS IS AGAIN A REPRESENTATION.
THIS IS AN ISSUE THAT IS FOUND AT, AT OTHER BUILDINGS,
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UM, NOT BEING PRESENTED TODAY, BUT IT IS FOUND IN THIS PARTICULAR BUILDING.NINE P AGAIN, ANOTHER PHOTOGRAPHIC EXAMPLE OF MORE EXPOSED ELECTRICAL WIRING, WHERE CONNECTIONS WERE MADE OUTSIDE OF, UM, IT'S HOUSING, MISSY, AND INSTEAD OF FRONT FACE PLATE COVER.
NEXT SLIDE AGAIN, UH, NINE Q UH, AS PREVIOUSLY SHOWN IS ANOTHER REPRESENTATION OF THE ISSUE OF THE MISSING, UH, SERVICE PANELS FOR THE AIR CONDITIONERS FOUND AT BUILDING NINE Q A.
AGAIN, THIS PROBLEM HAS BEEN HERE FOR WELL OVER A YEAR.
AND AS YOU CAN SEE IN THE BACKGROUND, A CHILD DECIDED TO PARK HIS LITTLE BIKE, UH, RIGHT IN THE BACK.
UM, HE DECIDED THAT WAS A GOOD LITTLE PLACE TO GO AHEAD AND PARK HIS BIKE.
SO THIS IS, THIS IS AN ISSUE THAT I'VE BROUGHT UP WITH MANAGEMENT, BUT THAT THINGS STILL CONTINUE TO REMAIN IN THIS SITUATION.
THAT CONCLUDES MY PRESENTATION OF BUILDING 20.
WE WILL NOW MOVE ON TO BUILDING 21 EXHIBIT 11 A'S OR PHOTOGRAPH OR A REPRESENTATION OF BUILDING 21.
NEXT SLIDE, EVEN THOUGH THIS ISSUE WASN'T WRITTEN UP, UH, MY, I TOOK IT AS PART OF MY, UH, PERIODIC INSPECTION, MY, MY A FOLLOW-UP INSPECTION OF THIS BUILDING ON, UM, ON THE 12TH OF THIS MONTH.
UH, HERE'S AN ISSUE THAT A HAVE A BROKEN WINDOW, NEXT SLIDE, ANOTHER FAILING GUTTER SYSTEM, NEXT SLIDE, MORE SPIGOTS MISSING THEIR REQUIRED
THIS ISSUE RIGHT HERE ARE OUR AREA LIGHTS.
THIS WAS WRITTEN UP, UM, FOR THIS PARTICULAR BUILDING ON A DIFFERENT VIOLATION.
UM, WE HAVE EVERY TIME I'M THERE TO INSPECT THIS PARTICULAR PROPERTY.
THE TENANTS ALWAYS COME OUT TO COMPLAIN ABOUT THE AREA LIGHTING.
IT GETS REALLY SUPER DARK THERE AT NIGHT, AND THEY'RE ALWAYS COMPLAINING ABOUT, UH, THE LIGHTS NOT WORKING.
UM, THEY'RE REALLY CONCERNED ABOUT THEIR SAFETY, YOU KNOW, THEIR KIDS AND STUFF OUT THERE AT NIGHT, BECAUSE IT'S JUST SO DARK.
AGAIN, THESE ARE MORE, UM, REPAIRS, SUBSTANDARD REPAIRS THAT WERE MADE, UH, TO THIS BUILDING ALSO THAT ALSO, OR CORRECTIONS WILL ALSO HAVE TO BE MADE TO BRING THESE PARTICULAR REPAIRS BACK TO CURRENT SAFETY STANDARDS.
NEXT SLIDE AGAIN, RIGHT HERE, MORE TRIM AND DISREPAIR.
YOU CAN SEE RIGHT ABOVE, I GUESS, THE PUMPKIN OR AT SCRATCH CAT SCRATCH RIGHT THERE.
MORE TRIM THAT'S ON THE VERGE OF FALLING ON SOMEBODY'S HEAD, ALL THESE ISSUES.
LIKE I SAID, SOME OF THEM HAVE BEEN IN HERE FOR A WHILE.
SOME ARE NEW NEXT SLIDE, THIS PARTICULAR, THIS IS ANOTHER REPRESENTATIVE PHOTO OF, OF A LOT OF THE, UH, THE, UH, PORCH AREAS TO MANY OF THE UNITS.
THIS PARTICULAR ONE WAS MARKED BY, UH, IN RED, BY THE THEY'RE A MAINTENANCE, UH, PERSONNEL AS TO ISSUES THAT THEY WANTED THEIR CONTRACTOR TO, UM, TO REPAIR.
THIS HAS ALSO BEEN LIKE THIS FOR, WELL OVER A YEAR.
I, AGAIN, A PICTURE OF, OF MORE SIGHTING.
UM, IF YOU CAN, IF YOU CAN LOOK AT THE, UH, THE HOLE AT THE BOTTOM, RIGHT OF THE SIDING, YOU CAN SEE THERE'S A BIG HOLE RIGHT THERE AND THE DETERIORATE SIDE AND RIGHT ABOVE THAT, CAN WE GO TO THE NEXT SLIDE? THIS WILL BE THE OPPOSITE CORNER.
THIS HOLE HAS ALSO BEEN THERE FOR WELL OVER A YEAR.
AND IT'S BEEN LIKE THIS ALONG WITH THE EXPOSED ELECTRICAL, UH, WHEN WE WENT THROUGH, WE WENT THROUGH AND AS YOU CAN SEE, WE TIED CAUTION TAPE.
I MEAN, IT WAS, IT WAS SUCH A BIG CONCERN.
A LOT OF THE CAUTION TAPE HAS SINCE EITHER, YOU KNOW, WORN DOWN BY THE SUN OR REMOVED, BUT THIS ISSUE, UH, UH, IS SOMETHING THAT THE TENANTS, UH, LIVE THROUGH, EVEN THROUGH THE FREEZE, YOU KNOW, ALLOWING A LOT OF, UH, THE ELEMENTS TO PENETRATE DEEPLY INTO THE BUILDING AFFECTING, UH, THE TENANTS WITHIN THESE TWO UNITS, NOT TO, NOT TO, UH, UM, MENTIONED AGAIN, YOU KNOW, THE, UH, THE HIGH THEY EXPOSE THE EXPOSURE TO A HIGH VOLTAGE, HIGH AMPERAGE ELECTRICAL EQUIPMENT, UH, AT GROUND LEVEL.
AGAIN, MORE PHOTOGRAPHIC EXAMPLES OF MORE ELECTRICAL ISSUES, UH, IMPROPERLY INSTALLED SERVICE PANELS.
NEXT SLIDE, MORE OF THE SAME, UM, AC
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UNITS THAT ARE NOT FUNCTIONING AS, AS INTENDED FREEZING UP, UH, MISSING, UH, THE DEAD FRONT FACE PLATE COVERS ON THE SERVICE DISCONNECTS.AGAIN, MORE OF THE SAME MISSING PUNCH OUTS AND PROPERLY INSTALLED ELECTRICAL WIRING CONDUITS TO THE AC UNITS.
ANOTHER EXAMPLE OF THE SAME THING.
UH, THERE'S A LOT OF ELECTRICAL ISSUES HERE, UH, WITH ALL THESE BUILDINGS AND A LOT OF THE, THE WORK THAT'S THAT'S BEING DONE AGAIN, IT'S SUBSTANDARD, UH, WHETHER IT'S IN THE ELECTRICAL INSTALLATION, SUCH AS THE, UH, UM, AC UNITS, WATER HEATERS, UM, OR FIXING OF, UH, SIDING AND WINDOWS DOORS.
THERE'S ANOTHER EXAMPLE, A REPAIR AT LEAST WAS ATTEMPTED HERE, UM, ON THIS PARTICULAR UNIT WHERE THEY WERE AT LEAST AT BARE MINIMUM GRABBED ANY PIECE OF, UH, ALUMINUM OF, UM, GALVANIZED SHEET METAL TO TRY AND COVER UP.
SOME OF THE EXPOSED ELECTRICAL IS AS FAR AS THEY GOT THOUGH.
UM, THIS RIGHT HERE IS, UH, IT WAS IN THE, UM, SINCE WE WERE THERE, WE TRIED TO WRITE EVERYTHING UP.
THIS IS A DOOR THAT, UH, CAME OFF ITS HINGES.
YOU CAN SEE THE, THE SELF-CLOSING HINGE IT'S CLOSED.
AND, UH, UM, THE DOOR ITSELF HAS, UH, UM, IS NO LONGER ATTACHED TO THE, UH, TO THE HINGE.
THERE'S A, UH, CONTEXTUAL PICTURE OF THAT, UH, SAME ELECTRICAL CLOSET THAT IS ALSO FOUND THROUGHOUT THE ENTIRE PROPERTY OF MULTIPLE AGAIN, MULTIPLE GROUND LEVEL, UM, ELECTRICAL MAINS MISSING THERE, UH, ELECTRIC THERE, A DEAD FACE, UH, COVER AS MEANT FOR SERVICE, YOU KNOW, TO TRY AND KEEP PEOPLE OUT OF THIS HIGH VOLTAGE, HIGH AMPERAGE, UM, INSTALLATION.
THAT CONCLUDES MY PRESENTATION FOR BUILDING 21 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 PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS, STAFF ASSET COMMISSION, TO ADMIT EXHIBITS ONE THROUGH 11 QUEUE CONSISTING OF EXHIBIT ONE, AND EVEN NUMBERED EXHIBITS TWO THROUGH 10, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER SIMILAR DOCUMENTS, ODD NUMBERED EXHIBITS THREE THROUGH 11, WHICH ARE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS.
BEFORE I READ THE RECOMMENDATION, I WOULD LIKE TO MAKE A REQUEST.
ALL OF THE RECOMMENDED ORDERS ARE THE SAME.
PLEASE ALLOW ME TO READ JUST ONE REPRESENTATIVE ORDER FOR THE CASES REGARDING THE EXTERIORS OF BUILDING 17, 18, 19 20 AND 21, WITH THE UNDERSTANDING THAT WE ARE REQUESTING SEPARATE ORDERS FOR EACH OF THE FIVE CASES.
YES, THAT WOULD BE ACCEPTABLE.
STAFF REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ALL FIVE CASES REGARDING THE EXTERIORS OF BUILDING 17, 18, 19 20 AND 21.
AND IN EACH CASE ORDERED THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE COMMERCIAL MELTING FAMILY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDERS MAILED THREE REQUEST INSPECTIONS FROM AUSTIN CODE, VERIFY COMPLIANCE, AND FOUR ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
INTERCELL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
I WILL GO AHEAD AND ADMIT STAFF'S EXHIBITS 1, 2, 4, 6, 8, AND 10.
AND THE PHOTOGRAPHS MARKED AS THREE EIGHT THROUGH THREE Q FIVE, EIGHT THROUGH FIVE M SEVEN, EIGHT THROUGH SEVEN Q AND 11, A I'M SORRY, NINE EIGHT THROUGH NINE Q AND 11, EIGHT THROUGH 11 QUEUE.
AND I BELIEVE WE HAVE TWO REPRESENTATIVES HERE FROM THE PROPERTY.
AND IS IT CORRECT? DO YOU HAVE TWO EXHIBITS AS WELL? YES.
SO, UH, ROBERT BROWN AND MONICA GARCIA AND YOU WERE BOTH SWORN IN, CORRECT.
AND IF YOU COULD JUST INTRODUCE YOURSELF GOOD EVENING.
I'M ROBERT BROWN COUNSEL FOR THE OWNER OF THIS PROPERTY.
UM, WE HAVE SUBMITTED EXHIBITS A THROUGH, OR EXCUSE ME, A AND B OR ONE AND TWO, IF YOU WANT TO CALL THEM THAT, DO WE NEED TO GIVE HARD COPIES? ARE THOSE
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THE ELECTRONIC COPIES THAT WERE SUBMITTED TO MISS ALLIE? ARE THOSE SUFFICIENT? I'M NOT ACTUALLY SURE.YOU MAY WANT TO PASS AROUND A HARD COPY OR TWO WHILE YOU'RE.
YEAH, WE DO HAVE THESE IN OUR READERS AS WELL.
IS THAT OKAY? YEAH, I CAN TAKE, LET'S JUST SAY I GOT IT.
LET ME TAKE THE COVER SHEET OFF.
AND, UH, MR. BROWN, UM, I KNOW WE'RE, WE'RE DEALING WITH FIVE DIFFERENT PROPERTIES HERE, BUT, UM, WE'RE ALSO GETTING LATE.
SO JUST, UH, JUST A FRIENDLY, I KNOW WE'VE, WE'VE, WE'VE SAT THROUGH ALL THESE PRESENTATIONS.
WE APPRECIATE THE THOROUGHNESS THAT DECODE OFFICIALS HAVE PUT INTO THEIR REPORTS.
UH, MY CLIENT PURCHASES, PROPERTY AND EXTREME DISREPAIR.
THEY'RE WORKING THROUGH THIS THEY'VE AS WE ALL HAVE BEEN FACED WITH THE PANDEMIC FACED WITH A WINTER STORM, UH, AN EVICTION MORATORIUM THAT HAS ALLOWED LARGE, LARGE NUMBER OF TENANTS TO LIVE RENT-FREE AND ACCRUING SOME TENANTS OR CREWING RENTAL DEBT AND TENS OF THOUSANDS OF DOLLARS.
SO, UM, THEY'RE, THEY'RE WORKING HARD TO, TO MAKE, DO WITH WHAT THEY HAVE.
UM, I WILL SAY THAT, UH, THE EXHIBITS THAT ARE SHOWN ARE PERMIT APPLICATIONS THAT HAVE BEEN SUBMITTED.
UM, I'M SURE YOU ALL WILL FIND UNSURPRISINGLY, THOSE APPLICATIONS HAVE NOT BEEN APPROVED YET, UM, BY THE FOLKS THAT ARE SUPPOSED TO PROVE THEM.
UM, YOU'LL ALSO SEE A CONTRACT WITH BR TEXAS TO DO SIGNIFICANT REPAIRS TO THE PROPERTY.
I BELIEVE THAT CONTRACT IS FOR $68,000.
UM, MY CLIENTS WANT TO DO THE WORK WE'RE WAITING FOR THE PERMITS.
I UNDERSTAND THIS IS A COMMON PROBLEM IN THE CITY OF AUSTIN.
UM, THEREFORE WE'RE ASKING THAT, UM, THIS MATTER BE CONTINUED FOR A PERIOD OF 60 DAYS TO BE RESET SO WE CAN HOPEFULLY GET THOSE PERMITS AND, UH, COME BACK IN FRONT OF YOU IN 60 DAYS AND SAY, THIS WORK IS AS WELL IN PROGRESS.
UM, ALTERNATIVELY, WE WOULD REQUEST THAT INSTEAD OF 45 DAYS FOR THE WORK TO BE DONE AND COMPLETED, IT WOULD BE 45 DAYS FROM RECEIPT OF THE PERMITS FOR, I UNDERSTAND IT'S NOT LEGAL TO DO THE WORK UNTIL YOU RECEIVE THE PERMITS.
UM, AND ALSO WE'RE ASKING FOR, UH, GIVEN THE SITUATION WE'RE ASKING FOR A INSTEAD OF A THOUSAND DOLLARS FINE PER WEEK, WE'RE ASKING THAT TO BE A HUNDRED DOLLAR FINE.
I THINK THAT WOULD BE SUFFICIENT ENOUGH TO, TO GIVE THE OWNER, UM, INCENTIVE TO MOVE FORWARD AND DOING THE WORK RAPIDLY ONCE THOSE PERMITS ARE RECEIVED.
UM, I THINK I THINK MS. GARCIA IS GOING TO WAVE HER PRESENTATION.
I THINK I'VE COVERED EVERYTHING IN THE INTEREST OF EXPEDIENCY.
IT'S ALMOST NINE O'CLOCK AND, AND SO THAT'S OUR PRESENTATION.
UH, WE'RE REALLY JUST ASKING FOR SOME LENIENCY HERE, AS WE DO, TRY TO GET THOSE PERMITS FROM THE, UH, UM, IS IT THE BUILDING DEVELOPMENT SERVICES AND GET THOSE SO WE CAN DO WHAT WE'RE SUPPOSED TO DO.
UH, I'LL START WITH ONE BRIEF QUESTION.
WHEN, WHEN WERE THE, UM, APPLICATIONS SUBMITTED FOR PERMIT? I'M NOT A HUNDRED PERCENT SURE.
UM, THIS IS A SISTER PROPERTY THAT WAS IN FRONT OF THE BOARD IN AUGUST.
UM, MUCH OF THE RESOURCES HAVE BEEN SPENT.
AND I DON'T KNOW IF YOU RECALL THAT PROPERTY, UM, AS MR. SEREN HAS AS WELL.
UH, THOSE APPLICATIONS WERE SUBMITTED AND PRIORITY WAS GIVEN TO THAT.
I THINK THESE WERE ACTUALLY SUBMITTED EARLIER THIS MONTH, BUT THE SAME CONTRACTORS, THEY'RE, SIDE-BY-SIDE THE SAME CONTRACTORS WORKING, ATTEMPTING TO DO WHAT HE CAN.
WE'RE STILL, HONESTLY, WE'RE STILL WAITING FOR PERMITS FROM THE OTHER BUILDING, UM, THE OTHER PROPERTY.
SO, UH, I THINK THESE WERE SUBMITTED EARLIER THIS MONTH, BUT IT WASN'T AN INTENT TO DELAY.
IT WAS JUST THAT WE'RE ALSO WORKING WITH ANOTHER BUILDING RIGHT NEXT TO IT.
THAT'S BEEN PRETTY MUCH RAN AS THE SAME COMPLEX.
AND, UH, YOU'RE FINDING A DATE OF OCTOBER 1ST FOR OKAY.
FOR WHEN THE APPLICATIONS WERE FILLED NOW.
AND THE CONTRACT WAS SIGNED IN JULY, I THINK, JULY 1ST.
AND IS THAT CONTRACT FOR ALL 25 BUILDINGS OR JUST FOR THESE FIVE? UH, THERE'S A WHOLE LIST OF HIS LIST OF EXHIBITS OF ALL KINDS OF THINGS THAT THEY'RE WORKING ON.
SO IT'S FOR THE WHOLE PROPERTY.
UM, OTHER QUESTIONS FROM THE COMMISSION, I GUESS COMMISSIONER FERRIERA BIT OF A, FOLLOW-UP A MICROPHONE, PLEASE.
IT'S A BIT OF A, FOLLOW-UP ON YOUR QUESTION.
I, I DO SEE THE OCTOBER 1ST DATE, BUT THAT'S JUST THE DATE.
THESE FORMS WERE PRINTED, HOW THIS HAD THEY, DO, YOU KNOW, HAVE THESE BEEN TURNED IN, HAVE YOU ACTUALLY APPLIED FOR
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THESE PERMITS? YES.THE, UH, THE MANAGEMENT COMPANY AND THEIR CONTRACTOR BUREAU, TEXAS HAS SUBMITTED THESE, UH, APPLICATIONS.
THE GOVERNMENT CODE REQUIRES THE CITY TO, UM, APPROVE THE PERMIT, DENY IT WITHIN 45 DAYS OR WITHIN 45 DAYS, GIVE A REASON WHY THEY COULDN'T APPROVE OR DENY.
AND THEN GO AHEAD AND ISSUE OR DENY WITHIN 30 DAYS AS WE'VE SEEN ON THE OTHER CASE THAT DEADLINE HAS COME AND GONE HAS BEEN BLOWN BY WE'RE OPTIMISTIC THAT THIS ONE WILL BE DIFFERENT, BUT, UM, YOU KNOW, OUR, OUR HANDS ARE TIED TO AN EXTENT AND WE ARE ASKING FOR SOME LENIENCY HERE.
UM, YES, I'M JUST LOOKING AT THE RECORD HERE AND IT LOOKS LIKE THIS BUILDING WAS CITED IN, IN SEPTEMBER OF 2020.
SO THESE VIOLATIONS HAVE BEEN IN PLACE FOR OVER A YEAR.
UM, AND YET YOU PULLED THE PERMITS AT THE BEACH, OR YOU APPLIED FOR THE PERMITS AT THE BEGINNING OF THIS MONTH, AND NOW THERE'S, YOU KNOW, YOU WANT MORE TIME, BUT WHY DID IT TAKE OVER A YEAR AND THE ANNUAL INSPECTION TO PROMPT APPLYING FOR THE PERMIT? AND THESE CASES ARE FROM 2021 THAT ARE IN FRONT OF US TODAY.
UH, MR. SERNA AND HIS, UH, OTHER COLLEAGUES HAVE, HAVE BEEN OUT CIVICALLY DURING THE PANDEMIC.
AND THERE ARE A LOT OF CITATIONS ISSUED.
THE MANAGEMENT STAFF HAS BEEN TRYING TO KEEP UP WITH THOSE.
UM, I BELIEVE THERE WAS SOME WORK DONE AND THEN IT WOULD, THEY WERE TOLD YOU HAVE TO STOP DOING THE WORK BECAUSE OF THE PERMITS.
AND, AND THAT'S WHEN WE WERE ALSO DEALING WITH THE OTHER BUILDING THAT WAS BEFORE US.
UM, I THINK THERE WERE 11 CASES IN, UH, IN, UH, AUGUST.
HE CAME OUT ON HIS ONE-YEAR ANNUAL INSPECTION BECAUSE THIS PROPERTY'S ON THE REPEAT OFFENDER LIST, BUT THE INFORMATION WE HAVE IN FRONT OF US ABOUT THE CASE AS THE FIRST VIOLATIONS, UM, YOU KNOW, THE NOTICE OF VIOLATION, THE FIRST ONE WAS SENT IN SEPTEMBER, SEPTEMBER 8TH, 2020.
UM, AND THEN THERE'S MANY INSPECTIONS BETWEEN THEN AND NOW WHERE THEY GO BACK AND DON'T FIND ANY EVIDENCE OF PROGRESS OR PERMITS OR ANY, YOU KNOW, ANYTHING BEING DONE.
SO, YOU KNOW, THAT'S A LITTLE CONCERNING, UM, I'M GLAD THEY'VE APPLIED FOR THE PERMITS NOW, BUT Y YOU KNOW, IT, SO IT TOOK THIS ANNUAL INSPECTION TO SORT OF PROMPT ACTION NOW.
I MEAN, WE, WE WERE FACING THE PANDEMIC NON-PAIN TENANTS.
UM, OF COURSE THE WINTER STORM THAT HAPPENED, AND THERE WERE BUNCH OF EMERGENCY REPAIRS THAT HAD TO BE DONE, PLUMBING, LEAKS, AND THINGS.
AND, UH, DURING THIS CHANGE, THERE WAS A MANAGEMENT COMPANY CHANGE BECAUSE, UM, THE PRIOR MANAGEMENT COMPANY, WASN'T PERFORMING UP TO WHAT WE BELIEVE WAS SUFFICIENT.
AND SO THE NEW MANAGEMENT COMPANIES COME IN AND THEY'RE, THEY'RE MAKING STRIDES, BUT, UM, IT IS AN UPHILL BATTLE, ESPECIALLY GIVEN THE CONSTRAINTS OF NON-PAYING TENANTS AND THE, UM, PRETTY AGGRESSIVE EVICTION MORATORIUM THAT CITY OF AUSTIN AND TRAVIS COUNTY HAS IMPOSED OTHER QUESTIONS FROM THE COMMISSION.
SO HOW LONG, HOW LONG HAS THE CURRENT OWNER OWNED THIS PROPERTY? UM, 2019.
SO YOU HAVE TO FORGIVE ME BECAUSE WHAT YOU'RE, SOME OF THE THINGS YOU'RE SAYING, THEY SORT OF SOUND REASONABLE ENOUGH, BUT I DON'T THINK I HAVE THE BENEFIT OF THE EXHIBIT THAT YOU SHARED.
I DON'T KNOW IF THAT WAS IN MY, IN THE GOOGLE DRIVE AND I AM PARTICIPATING REMOTELY, OBVIOUSLY.
IF I HAVE QUESTIONS THAT WOULD BE, UM, WOULD BE ANSWERED BY REFERENCE TO YOUR EXHIBIT R NOTICE ADVISERS OWNERS THAT WOULD LIKE TO SEE BIDS FROM CONTRACTORS, A PROOF OF FUNDS TO MAKE THE REPAIRS ESTIMATE A TIME TO MAKE THE REPAIRS AND ANY OTHER RELEVANT DOCUMENTATION.
ONE CONCERN I HAVE IS THAT YOU WERE REFERRED A COUPLE OF TIMES TO THE PROBLEM OF NON-PAYING TENANTS.
UM, SO I GATHER YOU DO HAVE A QUOTE FROM A CONTRACTOR.
YOU REFER THIS TO, BUT DO YOU HAVE THE FUNDS OR IS THERE A CASHFLOW ISSUE? OKAY.
UH, THE FUNDS ARE, UM, AN ESCROWED WITH THE LENDER, I BELIEVE UNDER THE CAPITAL RESERVE ACCOUNT.
AND THERE, THERE, THERE ARE SOME FUNDS SUFFICIENT TO SUPPORT THIS CONTRACT AT THIS TIME.
HAS THAT BEEN EXHIBITED TO US OR, OR, UH, NO, WE HAVE NOT MADE AN EXHIBIT, BUT THERE WAS A REFINANCE DONE, UM, THIS PAST SUMMER IN JULY THAT HAS ALLOWED THEM TO HAVE ADDITIONAL FUNDS AVAILABLE TO DO THE REPAIRS.
[02:20:01]
AND IF THIS WAS IN YOUR BID SHEET AS WELL, FORGIVE ME, BUT ONCE YOU GET THE GREEN LIGHT, UH, WHAT IS THE ESTIMATED TIME TO MAKE THE REPAIR? YEAH, I THINK MONICA, MS. GARCIA MIGHT BE BETTER SUITED TO ANSWER THAT QUESTION.SO, UM, AS ROBERT MENTIONED, WE DID RECEIVE THE FUNDS FROM THE LENDERS.
SO AS SOON AS WE GET THE PERMITS APPROVED, WE'RE READY TO START PRETTY MUCH IMMEDIATELY OKAY.
TO START THE REPAIRS AND THEN TO COMPLETE THEM.
I WOULD THINK IT WOULD TAKE A, THEY'VE GOT A LARGE CREW.
WE'VE ACTUALLY PUT THEM IN APARTMENTS, UH, AT TWO OF THE PROPERTIES, UM, TO BE ABLE TO GET THEM STARTED PRETTY QUICKLY.
SO IT'S A PRETTY LARGE TEAM READY TO HIT THE GROUND RUNNING.
SO WE'RE HOPING SIX TO EIGHT WEEKS TO COMPLETE ALL OF THE REPAIRS AFTER THE PERMITS I APPLY.
ONCE THE PERMITS ARE, ONCE THE PERMITS ARE APPROVED, WE'VE GOT THE FUNDS TO RELEASE TO THE CONTRACTOR TO GET THEM STARTED.
UM, I DON'T HAVE ANY FURTHER QUESTION I WAS THINKING ABOUT I'M.
UH, INSPECTOR SANDRA, DID YOU HAVE SOMETHING TOO THAT YOU'D LIKE TO ADD AND SHARE? ALSO, COULD YOU ADMIT THE, UH, YES.
I'LL GO AHEAD AND ADMIT, UH, OWNER EXHIBITS A AND B THANK YOU FOR THE REMINDER.
I WOULD LIKE TO SAY THAT A LOT OF THESE REPAIRS THAT COULD BE MADE, UH, DO NOT REQUIRE A PERMIT SUCH AS REPLACING THE ELECTRICAL WHIPS OR THE CONDUITS TO EACH OF THE INDIVIDUAL UNITS, UH, REPLACING OR REPAIRING ANY OF THE, UH, SERVICE DISCONNECTS.
AS YOU CAN SEE, IT'S AN ISSUE THAT'S BEEN GOING ON FOR OVER A YEAR.
UH, I'M HAPPY THAT THEY'VE APPLIED FOR THE PERMITS.
THE PERMITS ARE FOR, UH, ANY AIR CONDITIONERS THAT WERE INSTALLED, UH, WITHOUT A PERMIT OR ANY WORK THAT WAS DONE TO THE EXTERIOR OF THE BUILDING, BUT A LOT OF THESE ISSUES, UM, A LOT OF THESE ELECTRICAL ISSUES CAN BE TAKEN CARE OF WITHOUT A PERMIT.
BASED ON MY PRIOR CONVERSATION WITH MR. SHARON, WE SPOKE, UM, A WHILE BACK, PROBABLY AN HOUR ON THE PHONE, AND HE'S VERY GRACIOUS TO GIVE HIS TIME.
UM, WE HAD UNDERSTOOD THAT TO TOUCH ELECTRICAL, YOU NEED ELECTRICAL PERMIT TO TOUCH MECHANICAL.
SO, UM, BUT CERTAIN CERTAINLY WELCOME NEWS IF THAT'S THE CITY'S POSITION AND CERTAINLY CHECK WITH YOUR LICENSED ELECTRICIANS, BECAUSE THEY TEND TO KNOW THAT BETTER THAN ANYONE WHAT'S ACTUALLY REQUIRED.
SO I'VE GONE THROUGH YOUR PERMIT APPLICATIONS AND, YOU KNOW, THEY'RE VERY SPECIFIC IN SCOPE AND, AND THE SCOPE IS NOT ELECTRICAL, YOU KNOW, IT'S THINGS LIKE BALCONIES AND WOOD BOARDS AND RAILINGS.
AND, UH, EACH OF THESE, YOU KNOW, YOU DESCRIBED WHAT YOU'RE GOING TO DO.
SO, UM, IN LIGHT OF THE FACT THAT, UM, NOWHERE IN THESE, UH, APPLICATIONS, ARE YOU TALKING ABOUT MECHANICAL SYSTEM, THE AIR CONDITIONING VIOLATIONS WE SAW OR ELECTRICAL VIOLATIONS OR THE LIGHTING ISSUES WE SAW? ARE YOU AGREEABLE, ESPECIALLY SINCE SOME OF THOSE ELECTRICAL ISSUES SEEM QUITE DANGEROUS.
I MEAN, WOULD YOU BE AGREEABLE TO DOING THOSE IMMEDIATELY TO DEAL WITH THOSE ISSUES? AND THEN, UH, IF THE, WE WERE AGREEABLE TO GIVE YOU SOME TIME TO GET THE PERMITS FOR THE WORK, THE REST OF THE WORK THAT YOU'VE DESCRIBED IN HERE, UH, YOU WOULD GET THE TIME FOR THIS SPECIFIC WORK, YOU KNOW, THE RAILINGS AND STAIRS AND THE OTHER THINGS YOU'VE DESCRIBED, JUST A QUESTION.
WOULD WE BE ABLE TO START THE ELECTRICAL WORK WITHOUT THE PERMITS AND APPLY? AND, OH, YOU, YOU NEED TO EAT, I MEAN, TH THOSE TYPES OF ISSUES YOU NEED TO ADDRESS WITH DEVELOP SERVICES, RIGHT? I MEAN, WE'RE NOT THE, WE'RE NOT THE, THE BUILDING CODE.
UH, WE DON'T ISSUE THOSE PERMITS.
SO, UM, YOU KNOW, YOU NEED TO KIND OF GO THROUGH THOSE STEPS, BUT, UM, THERE'S BEEN DUE DILIGENCE TO KIND OF KNOW WHAT'S REQUIRED OF THAT.
I BELIEVE THERE'S BEEN A LOT OF CONFUSION AS TO WHETHER PERMITS REQUIRED.
SOME WORK WAS DONE, THEN THEY WERE TOLD TO STOP AND, AND THERE WAS A LOT OF BACK AND FORTH ON THAT.
SO THERE HAS BEEN SOME CONFUSION.
UM, THERE'S BEEN NOT ALL THE ANSWERS ANSWERS COMING FROM THE, UH, CITY WITH RESPECT PERMITS.
HAVE YOU GONE TO DEVELOPMENT SERVICES? I HAVE NOT PERSONALLY, BUT THE REPRESENTATIVES IN THE CONTRACTORS HAVE.
BECAUSE THAT, THAT JUST, I MEAN, THIS IS KIND OF EVEN
[02:25:01]
BEYOND OUR PURVIEW.UH, BUT, BUT TYPICALLY THAT THAT'S HOW THOSE ISSUES GET RESOLVED.
RIGHT? YOU GO, YOU SIT DOWN, IT'S ALL ASSIGNED SOMEONE AND YOU KIND OF WORKED THROUGH THAT.
AND I UNDERSTAND THAT THE OTHER PROPERTY, SOMEONE HIGHER UP FROM DEVELOPMENT SERVICES HAD COME ON TO THE PROPERTY AND SAID, HEY, APPLY WITH THE EXPEDITE PERMITS.
THEY'LL BE APPROVED IN A FEW DAYS.
AND, YOU KNOW, MONTHS LATER HERE WE ARE.
SO, SO W WE'LL CONTINUE TO PRESS ON ALL FRONTS THERE AND SEE WHAT KIND OF MOVEMENT WE CAN GET.
WE'LL HAVE THE ISSUE THAT THERE IS, THERE'S THESE ELECTRICAL VIOLATIONS THAT AREN'T ADDRESSED IN YOUR PERMIT, IN YOUR APPLICATIONS AND NEED TO BE DONE.
AND I STILL HAVE A QUESTION AS WELL.
I DIDN'T GET AN ANSWER, BUT NOW I NOTICED THAT, UH, THE SAME THING, UM, ALL THE ONES THAT WERE SUBMITTED TO US TODAY ANYWAY, UM, THEY MENTIONED EXTERIOR THINGS, ISSUES WITH THE EXTERIOR IS ISSUES WITH THE JOYCE AND, UM, STRUCTURAL ISSUES MORE THAN ANYTHING.
SO, UH, I GUESS YOU DO HAVE TO SPEAK TO THE CONTRACTOR THAT'S ASSIGNED, YOU KNOW, YOUR CLIENT HAS TO SPEAK TO THE CONTRACTOR.
AND I ALSO NOTICED THAT IN YOU EXHIBITS, THE SUBCONTRACTOR'S AGREEMENT IS INCLUDED, AND THAT WAS FROM JULY OF 2021.
SO THAT THERE'S QUITE A FEW MONTHS BETWEEN THEN AND NOW.
UM, AND I'M NOT QUITE SURE I'D GUESS WE'RE MISSING, THERE'S SOME GAPS IN THERE WHERE, WHAT WAS HAPPENING BETWEEN JULY AND NOW, CAUSE YOU SAID THE FUNDING WAS ALREADY ACQUIRED.
UH, WE WERE FOCUSING OUR EFFORTS ON THE SISTER PROPERTY, 8,800 INTERSTATE HIGHWAY, WHICH WAS A PART OF THE COMMISSION IN AUGUST.
AND, UM, THAT WAS SET FIRST AND WE DIDN'T GET NOTICE OF THIS TOLL, YOU KNOW, A FEW WEEKS AGO.
SO THE RESOURCES AND EVERYTHING HAS BEEN FOCUSED ON THAT PROPERTY.
AND THOSE TWO CONTRACTS WERE SIGNED AT THE SAME TIME AND THE OTHER CONTRACTS ACTUALLY FOR MUCH LARGER DOLLAR AMOUNT.
UM, I THINK THOSE ARE THE QUESTIONS I HAD.
ANY FURTHER QUESTIONS FROM THE COMMISSION? OKAY.
THANK YOU FOR COMING AND TALKING WITH US, UH, MOTIONS, DISCUSSION.
IF YOU WOULD LIKE WE CAN CLOSE THE PUBLIC HEARING.
I MOVE THAT WE CLOSE THE PUBLIC HEARING.
I DON'T HAVE THE TEXT TO READ.
SO YOUR, YOUR, YOUR MOTION IS TO LET'S.
WHAT'S CLOSE TO WITH STAFF'S RECOMMENDED ORDER.
IS THAT WHAT YOUR MOTION IS? YES.
UM, DISCUSSION ON THIS, UM, YOU KNOW, THE PROPERTY OWNERS DID ACQUIRE THE APRIL OF 2019, SO THEY DID INHERIT SOME ISSUES CLEARLY, AND EVEN, SO THEY PROBABLY HAD THE BENEFIT OF THAT WITHIN THE NEGOTIATIONS, WHATEVER THE THEY HAD DONE, THEY KNEW THAT THE WEIGHT ISSUES, UM, BUT AT THE SAME TIME YEAH.
YOU KNOW, TO THEIR CREDIT, THAT WAS THE PANDEMIC THAT KIND OF SLOW THINGS DOWN A LITTLE BIT THERE.
BUT I DO THINK THE RECOMMENDATION IS GREAT, ESPECIALLY FOR THOSE ITEMS THAT COULD BE DONE RIGHT AWAY.
AND THE THINGS THAT HAVE THE, THAT DON'T REQUIRE PERMITS.
I THINK SOME OF THOSE THINGS WOULD REQUIRE PERMITS.
SO PERHAPS WE COULD, UM, I WOULD SUGGEST WE GIVE ADDITIONAL TIME FOR A CERTAIN COMPONENTS AND THE 45 DAYS FOR THE URGENT MATTERS, EVEN THOUGH THERE'S A LONG LIST OF ITEMS. SO IT'S A BIT DIFFICULT TO FIGURE OUT.
UM, YEAH, IT'D BE DIFFICULT TO SEPARATE THEM.
CAUSE THERE'S SO MANY, MAKE SURE YOU HAVE YOUR MICROPHONE ON POLICE ISSUES, THE DIFFICULT TO SEPARATE OUT THOSE ISSUES, WHICH CAN BE DONE IMMEDIATELY.
AND THOSE ISSUES, WHICH CAN'T.
UM, OH, AND I DID WANT TO CLARIFY TOO.
SO YOUR, YOUR MOTION WAS TO ADOPT STAFF'S RECOMMENDED ORDER FOR ALL FIVE BUILDINGS BECAUSE IT IS TYPE SEPARATE ORDERS.
I JUST WANT TO BE CLEAR ABOUT THAT.
I'D LIKE TO OFFER A MEASUREMENT ON HOW TO DO THIS, BUT, UH,
[02:30:01]
EFFECTIVELY EXTEND THE, UH, THE CONNOR FROM 45 DAYS FROM RECEIPT OF PERMIT.UH, FROM WHAT I CAN TELL FROM THERE, FROM THE, UH, OWNERS, UH, DOCUMENTS, THEY, UH, GOT A DATE STAMP TEN ONE.
SO THAT'S BEEN, UH, OVER THREE WEEKS IF THEY HAVEN'T GOTTEN THE PERMIT AND THAT'S A SUBSTANTIAL AMOUNT OF TIME AND IT'S GONNA BE ANOTHER THREE WEEKS, SOMETHING LIKE THAT, THAT'S GOING TO EAT INTO THE OPPORTUNITY TO KICK OFF THEIR PROJECT.
SO I'D LIKE TO CHANGE THE WORDING TO, UH, SOMETHING ALONG THE LINE, 45, 45 DAYS FROM THE DATE OF ISSUANCE WITH DEPARTMENT RECEIPT OF PERMITS, ANY SUPPORT FOR THIS AMONG THE COMMISSION, MAKE SURE YOUR MICROPHONE IS ON PLEASE.
UM, TO COMMISSION A GREENS, UM, SUGGESTIONS.
MY THOUGHTS ARE IT'S GOING TO BE VERY DIFFICULT TO PINPOINT A TIME WHEN THE PERMITS WILL BE, UM, APPROVED.
SO THAT'S, THAT'S A CONDITION THAT'S GOING TO BE VERY DIFFICULT TO ASCERTAIN.
AND I WOULD SAY WE COULD POSSIBLY CONSIDER EXTENDING THE TIMEFRAME TO 60 DAYS FOR ALL OF THE BUILDINGS.
AND WITHIN THE 60 DAYS, OBVIOUSLY, UM, ALL THE QUICK FIXES FIXES CAN BE DONE.
ALL THOSE OUTLETS CAN BE COVERED UP.
AND THOSE THINGS THAT DON'T REQUIRE PERMITS CAN BE HANDLED AND THE PERMITS CAN THE APPLICATIONS FOR THE PERMITS TO STILL BE PENDING OR APPROVED BY THEN, HOPEFULLY COMMISSIONER, DID YOU HAVE SOMETHING DONE? YEAH.
I, I, I THINK ONE OF THE SORT OF ECHO WHAT COMMISSIONER LUMADA WAS SAYING WITH REGARD TO, YOU KNOW, AGAIN, ATTACHING, ATTACHING A TIME PERIOD FOR COMPLIANCE THAT BEGINS WITH THE ISSUANCE OF A PERMIT WHEN THE PERMIT IS ISSUED BY ANOTHER ORGAN OF CITY GOVERNMENT, UH, IT STRIKES ME AS, AT THE VERY LEAST CREATING POTENTIALLY CREATING, WOULD YOU MIND TO CALL LOGISTICAL DIFFICULTIES? YOU KNOW, HOW WAS THAT, HOW WAS THAT MONITORED? MAYBE THAT'S SOMETHING WE CAN HEAR FROM, FROM, FROM STAFF ABOUT, UM, I, IT MIGHT EVEN BE SOMETHING WORTH, UH, ASKING THE CITY ATTORNEY ABOUT IF, IF ONE IS PRESENT AND JUST BECAUSE I'M NOT, I'M NOT SURE THAT WE CAN CREATE CONTINGENT ORDERS OF THAT TIME, YOU KNOW, A SORT OF SPRINGING AND DEADLINE THAT, THAT COMES INTO EFFECT UPON ISSUANCE OF A PERMIT.
I HAVE SOME OTHER REASONS FOR BEING UNCOMFORTABLE WITH THAT.
UM, AND WITH ALL DUE RESPECT TO MR. COMMISSIONER GREEN, MR. BROWN, I THINK IT SOUNDED LIKE A VERY COMMON SENSE APPROACH, BUT THERE ARE SOME ISSUES HERE THAT CONCERN ME, I THINK AMONG THEM ARE, UH, THE APPARENT UNCERTAINTY ON THE PART OF THE PROPERTY.
YOU DON'T WANT TO RELEASE THE PROPERTY OWNER'S REPRESENTATIVE HERE IN THE NIGHT CONCERNING WHAT EVEN REQUIRES A PERMIT.
YOU KNOW, I, AGAIN, I DON'T HAVE THE DOCUMENTS IN FRONT OF ME.
I DON'T HAVE THE BID SHEETS IN FRONT OF PEOPLE.
I'M HEARING FROM FELLOW COMMISSIONERS WHO ARE REVIEWING THIS MATERIAL ON THE DAY.
I SAYS THAT, UH, UM, YOU KNOW, THE ELECTRICAL ISN'T REALLY ADDRESSED, UH, AND IT'S NOT CLEAR, UH, I'M HEARING FROM, FROM STAFF AND LIKE CLEAR THE PERMITTING IS REQUIRED.
SO I THINK ONE OF TWO THINGS IS TRUE EITHER THEY NEVER NEEDED A PERMIT TO ADDRESS SOME OF THE ELECTRICAL ISSUES IN THE FIRST PLACE.
UH, IN WHICH CASE, UH, I CONSIDER THAT TO BE A GRAVE DEFICIENCY, YOU KNOW, IN THE POSTURE WITH WHICH THEY COME TO US TODAY, UH, OR IT IS THE CASE THAT A PERMIT IS REQUIRED.
AND THERE'S NO EVIDENCE THAT THEY'VE MADE ANY PROGRESS FOR GETTING ONE, WHICH IS AN EQUALLY A GRAVE DEFICIENCY.
AND SO, UH, YOU KNOW, AGAIN, I, I THINK THE, THE TESTIMONY I'VE SO FAR SOUNDS REASONABLE ENOUGH.
IT SOUNDS LIKE SOMEONE COMING TO US IN GOOD FAITH AND HAVING SOME REAL LOGISTICAL CONCERNS, BUT, YOU KNOW, I'M JUST NOT SURE THAT I'M SEEING THE PROOF OF THAT.
I THINK THAT THERE ARE SOME INDICATIONS HERE THAT I, THAT I FIND PROBLEMATIC.
I THINK THAT RIGHT NOW, UM, I THINK THE ONLY MOTION THAT I'D BE INTERESTED IN SUPPORTING, UM, WOULD BE ONE THAT WOULD REQUIRE THAT THE OWNER IMMEDIATELY ADDRESS ISSUES THAT CAN BE ADDRESSED IMMEDIATELY AND POTENTIALLY EXTEND THE 60 DAYS ON THE REMAINDER.
BUT, UM, BUT EVEN THAT FEELS A LITTLE BIT TOO LENIENT
[02:35:01]
TO ME IN LIGHT OF HOW LONG, UH, THESE PROBLEMS PERSISTED.I WANT TO REMIND MY COMMISSIONERS.
WE HAVE ABOUT THREE AND A HALF HOURS A MONTH TO THINK ABOUT THESE THINGS.
THE REAL SHOE LEATHER ON THIS IS BEING DONE BY STAFF, BY AN INSPECTOR CRNA.
AND, AND THIS HAS BEEN, UH, THIS HAS BEEN A FANTASTIC PRESENTATION WITH A LOT OF INFORMATION AND I'M RELUCTANT TO JUST STEP IN AND SECOND GUESS, UM, THE DETAILED SECOND GUESS THE JUDGMENT THAT WENT INTO IT BASED ON A SORT OF BLIND GESTURING AT, OH, THERE'S BEEN A PANDEMIC.
OH, THERE'S BEEN A MORATORIUM ON EVICTIONS.
OH, THERE'S BEEN A WINTER STORM OR WHAT HAVE YOU.
I, THERE'S A LOT OF INFORMATION HERE AND I'M INCLINED TO JUST ADOPT STAFF'S RECOMMENDATIONS.
SO THAT'S JUST MY 2 CENTS ON THE DISCUSSION AND I'LL, AND I'LL YIELD, UH, OKAY.
LIKE, I DON'T THINK WE'VE HEARD FROM YOU YET.
UM, I HAVE A PROBLEM WITH IS PIECEMEAL ENFORCEMENT WHERE WE GIVE, WE TELL THEM TO ADDRESS CERTAIN THINGS IMMEDIATELY AND OTHER THINGS NOT IMMEDIATELY.
AND HOW DO YOU ENFORCE THAT? HOW DO YOU JUSTIFY AND HOW DO YOU DOCUMENT ALL THOSE? UM, I THINK THAT, UH, AGREE WITH COMMISSIONER DUSTIN, THAT WE NEED TO TRUST THE, UH, STAFF AND THE ENFORCEMENT FOLKS FROM THE WORK THEY'VE DONE AND BASE OUR DECISIONS ON THEIR WORK.
AND I SUPPORT THE, UM, THE, UH, MOTION IS A STANDARD.
SO I'M ACTUALLY RATHER LEANING TOWARDS CALLING THE QUESTION.
I KNOW THERE ARE STILL THINGS WE WANT TO SAY AND MAYBE THINK THROUGH ON THIS, BUT I'D LIKE TO CALL THIS QUESTION AND SEE IF IT PASSES OR NOT.
AND IF IT DOESN'T, THEN LET'S FORM ANOTHER MOTION IS KIND OF WHERE I'M AT.
WE HAD A FRIENDLY AMENDMENT BY MR. GREEN AS WELL.
IT WAS, IT WAS NEVER A SECONDARY.
SO, WHICH IS ANOTHER REASON I THINK WHY I LIKE TO JUST CALL THE QUESTION AND CLEAR THIS UP AND THEN IF IT DOESN'T PASS, THEN WE CAN FORM A NEW MOTION.
SO, UM, LET'S SO ALL IN FAVOR OF, I'M SORRY, ALL IN FAVOR OF STAFF'S RECOMMENDED ORDER, WHICH IS TO COMPLETE ALL REPAIRS WITHIN 45.
AND THIS IS FOR ALL FIVE BUILDINGS.
UM, PLEASE SAY I, AND I'LL DO A ROLL CALL, COMMISSIONER THOMPSON.
I AM VICE-CHAIR ABILA AND A LOT OF THE SUBMISSIONS THAT WERE SUBMITTED BY THE PROPERTY OWNERS THAT I WOULD VOTE AGAINST.
I WOULD, I WOULD LIKE FOR US TO GIVE THEM THE 60 DAYS.
COMMISSIONER SALEG COMMISSIONER.
MA'AM COMMISSIONER STOLE STAT AND I AM IN FAVOR AS WELL.
SO THAT ACTUALLY PASSES 6, 2, 3, 6 TO THREE.
SO A COPY OF THE ORDERS WILL BE MAILED TO YOU.
OF COURSE, IF YOU HAVE QUESTIONS, PLEASE CONTINUE WORKING WITH INSPECTOR SERNA AND OTHER INSPECTORS ON SITE.
AND THANK YOU FOR YOUR TIME THIS EVENING, AND GOOD LUCK TO YOU.
YOU READY FOR ITEM NUMBER FOUR? NO, I NEED TO TAKE A BREAK.
UH, WE CAN EITHER CALL A FIVE MINUTE BREAK IF EVERYONE ELSE COULD USE ONE OR I COULD TURN IT OVER TO VICE CHAIR.
ABILA WHERE YOU COULD ROTATE OUT.
IF OTHERS NEED TO TAKE A BREAK SINCE WE DO HAVE SEVEN ON THE DYESS.
WE'LL TAKE A FIVE MINUTE BREAK.
HERE ARE THE LAST COUPLE OF CASES.
PLEASE STOP THE CHIT-CHAT PLEASE.
SO WE ARE, WE WILL RETURN TO THE AGENDA, UM, WITH
[4. Case Number CL 2021-068641 Property address: 1200 E. 6th Street / Owner: 1200 East 6th Partners, LLC Staff presenter: Willis Adams Staff recommendation: Repair commerical structure Previous Commission Action: Order issued May 26, 2021 to secure façade and return in October to address all cited violations]
ITEM NUMBER FOUR, ASSUMING THE PROPERTY REPRESENTATIVES FOR ITEM NUMBER FOUR ARE STILL WITH US.I'M GOING TO START ITEM NUMBER FOUR ON THE AGENDA IS A RETURNING CASE.
THE CASE NUMBER IS C L 20 21 0 6 8 6 4 1.
AND IS REGARDING THE PROPERTY LOCATED AT 1200 EAST SIXTH STREET STAFF EXHIBITS CAN BE FOUND IN THE PURPLE BOOK AND THE GOOGLE DRIVE FOLDER OR YOUR READERS.
HERE'S SOME FACTS ABOUT THE CASE.
[02:40:01]
THIS IS ABOUT A DILAPIDATED COMMERCIAL STRUCTURE NEAR DOWNTOWN WITH UNSAFE IN SUBSTANDARD CONDITIONS REQUIRING REPAIR.THE BUILDING QUALIFIES AS A HISTORIC LANDMARK AND OWNERS HAVE BEEN WORKING WITH HLC TO OBTAIN STATE AND NATIONAL LANDMARK STATUS AS WELL AS APPROVAL FOR HERITAGE GRANTS TO ASSIST IN THE REHABILITATION OF THE STRUCTURE, THE BUILDING PERMIT, WHICH WAS PINNED IN PENDING STATUS SINCE APRIL, 2020 WAS ACTIVATED ON OCTOBER 25TH, 2021.
THE STRUCTURE SITS IN AN AREA OF NEAR DOWNTOWN WITH A HIGH VOLUME OF PEDESTRIAN TRAFFIC.
THE COMMERCIAL, THE COMMISSION HEARD THE CASE IN MAY AND ISSUED AN ORDER TO ADDRESS THE SAFETY OF THE CANOPY AT THE FRONT OF THE STRUCTURE.
AND THE ORDER ALSO REQUIRED THAT THE OWNERS RETURNED TONIGHT TO ADDRESS ALL SIDED STRUCTURAL VIOLATIONS AND THE GOOGLE DRIVE FOLDER OR READER, YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND TWO, WHICH WERE PREVIOUSLY ADMITTED, EXHIBIT THREE, WHICH CONTAINS THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP, THE NOTICES OF VIOLATION REQUIRED NOTICES OF HEARING AND POSTINGS AND THE MAY 26 BSC ORDER EXHIBIT FOUR, WHICH CONSISTS OF CO'S PHOTOGRAPHS, MARKED FOUR, A THROUGH FOUR J AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR WILLIS ADAMS IS HERE TONIGHT TO PRESENT THE EXHIBIT PHOTOS FOR THIS CASE.
AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED SPECTER ADAMS. UH, GOOD EVENING COMMISSIONERS ONCE AGAIN, UM, IN THE SPIRIT OF TRYING TO GET THINGS MOVED ALONG A LITTLE FASTER, UH, I WILL, UH, JUST GO STRAIGHT TO THE PHOTOGRAPHS IF THAT'S OKAY WITH EVERYONE AND START OUT WITH, UH, PHOTOGRAPH FOUR A, WHICH IS A CONTEXTUAL PICTURE OF THIS PROPERTY HERE AT THE INTERSECTION OF A WALL OR ANY SIXTH STREET.
UH, THAT'S THE UPTOWN SPORTS, UH, BAR, UH, NEXT SLIDE PLEASE.
UH, THIS IS DIRECTLY ACROSS THE STREET FROM IT.
UH, IT SITS ON THE NORTH WEST CORNER OF
UH, AS YOU CAN SEE, THERE IS A TREMENDOUS AMOUNT OF, UH, GRAFFITI, UM, ON THAT PROPERTY.
UH, THE MAIN, UH, CONCERN THAT THAT I HAD INITIALLY WITH THE PROPERTY WAS THE, UH, WAS THE CANOPY, WHICH WE ADDRESSED IN THE PREVIOUS BSC HEARING, UH, WAY BACK IN APRIL, I BELIEVE.
AND YOU'LL SEE SOME OF THE PHOTOGRAPHS OF THAT.
THIS IS THE REAR OF THE PROPERTY.
THERE ARE NO TRESPASSING SIGNS POSTED, UH, PROPERTY CANNOT BE ACCESSED AS THE DOORS ARE SECURE.
UM, YOU'LL SEE THE WINDOWS HERE ON PHOTOGRAPHS, UH, COMING UP NEXT SLIDE, PLEASE.
AGAIN, THIS IS, UH, A PHOTOGRAPH, UH, SHOWING THE REAR OF THE PROPERTY.
UM, THERE IS NO ELECTRICAL SERVICE SERVICE.
UH, CURRENTLY IN FACT, THERE IS THE ELECTRICAL BOX, UH, HICKS, HARD TO SEE RIGHT THERE WITH IT, THOSE A WHITE, UH, LARGE LEATHERS WITH THE, UH, BLACK OUTLINE.
THAT'S WHERE THE TWO ELECTRICAL BOXES ARE.
UH, THIS IS THE, UM, FROM THE, THE STREET SIDE, THE WEST SIDE OF THE PROPERTY, UH, THE WINDOWS CAN'T BE ACCESSED, EVEN THOUGH THERE, THERE ARE A FEW, THERE ARE THREE OF THEM THAT ARE BROKEN.
THEY ARE THEY'RE BURGLAR BARS.
SO EVEN IF THEY WERE ABLE TO SCALE THAT WALL, THEY COULDN'T GET INSIDE.
UH, SO IT IS SECURE FROM ANY ENTRY.
THE OTHER PART OF THAT PHOTOGRAPH SHOWS THAT, UH, THE CANOPY WAS SUPPORTED BY A POST INSIDE THE, UH, A FIVE GALLON BUCKET, UH, SUBMITTED, UH, SUPPORTING, UH, THE, UH, CANOPY, WHICH HAS HAD SOME ISSUES.
AND THIS IS A MUCH BETTER PHOTOGRAPH OF THAT.
UH, YOU CAN SEE THERE'S ACTUALLY THREE DIFFERENT ADDITIONAL POSTS SUPPORTING, UH, THE CANOPY.
UM, THOSE TWO ARE ON THE WEST SIDE AND YOU CAN SEE THE ONE ON THE, UH, SOUTH SIDE OF THE PROPERTY THERE, NEXT SLIDE.
AND THAT JUST SHOWS A PICTURE OF A BROKEN WINDOW.
OF COURSE, AGAIN, THEY CAN NOT, YOU CAN'T GAIN ENTRY THROUGH THAT WINDOW.
THE CANOPY HAS HAD SOME WORK DONE THOSE BOARDS WITH REPLACE SOME, UH, ACTUALLY OBVIOUSLY ROTTED BOARDS OR DAMAGED BOARDS THAT WERE ON THE, THE CANOPY.
AND THIS IS ACTUALLY RIGHT ON THE CORNER THERE A WALL OR IN A SIX.
THAT'S PROBABLY THE, I'M NOT SURE IF THAT'S THE MAIN DOOR.
UH, THIS IS AN OLD BAR THAT AROUND FOR MANY, MANY YEARS, UH, THIS JUST IN THE SHOWING THE GRAFFITI.
AND IT ALSO ILLUSTRATES THE ADDITION THAT, UM, WAS DONE BY THE OWNER WHERE THEY PUT SUPPORT BEAMS TO SUPPORT
[02:45:01]
THE, UH, THE CANOPY, WHICH WERE PART OF THE ORDER THAT WAS GIVEN BACK IN THE BACK IN APRIL.AND AGAIN, THIS IS AGAIN SHOWING THE CANOPY, WHICH WAS REALLY THE MAIN SAFETY ISSUE OF THIS BUILDING, UH, UH, ALONG WITH SOME OTHER SAFETY ISSUES, LIKE MAYBE A COMPROMISED ELECTRICAL SYSTEM, UH, SOME ROOF ISSUES.
AND I'LL SPEAK ABOUT THAT AFTER THE SLIDES.
I THINK THIS MIGHT BE THE LAST SLIDE, NEXT SLIDE.
THERE'S A J AND THAT'S AGAIN, SHOWING AGAIN THE CANOPY, UH, SUPPORT BEAMS. UH, SOME, OBVIOUSLY A LOT OF GRAFFITI ON THIS BUILDING, NEXT SLIDE.
AND THAT IS THE END OF THE SLIDE, UH, PRESENTATION.
THE OTHER THING I WANTED TO ADD TO THAT IS THAT PART OF THE ORDER I BELIEVE, WAS TO GET AN ENGINEER'S REPORT, WHICH THEY DID OBTAIN.
AND I ACTUALLY GOT A COPY OF IT FOR MR. JONES VIA EMAIL.
I'VE BEEN IN TOUCH WITH MR. JONES QUITE OFTEN, WE'VE TALKED ON THE PHONE.
THIS IS THE FIRST TIME I HAD THE OPPORTUNITY TO MEET HIM, BUT WE'VE TALKED AND EXCHANGED EMAILS.
AND I JUST WANT TO READ A PORTION OF IF YOU MAY, UH, THIS, UH, ENGINEER'S REPORT FROM BUFF CAN ENGINEERING, WHICH WAS SENT TO ME BY MR. JONES, VN, UH, AN EMAIL, UH, REGIS, THE, ONE OF THE CONCLUSIONS THAT THE ENGINEER, UH, HAVE, HE SAID, MY PROFESSIONAL OPINION, THE ROOF STRUCTURE IS STRUCTURALLY ADEQUATE WITH THE FOLLOWING CORRECTIONS AND LIMITATIONS.
AND HE MENTIONED THESE LIMITATIONS, UH, THAT THERE WOULD BE FOLLOWING CORRECT THE WORK WE NEED TO BE PERFORMED.
AND THAT WAS ADDING A STEEL PLATE AT THE TOP OF THE EXISTING STEEL PIPE COLUMNS THAT ARE UNBENT TO THE EXISTING WOOD BEAM FOR THE UPLIFT RESISTANCE.
AND THAT'S TALKING ABOUT THE CANOPY AND HE TALKED ABOUT ADDING A NECESSARY WELL BETWEEN THE TWO, UH, THE TWO COLUMNS, UH, TO COMBINE THEIR UPLIFT RESISTANCE.
AND THEN HE PUT IN A NUMBER, ANOTHER BULLET, NUMBER TWO, AND HE PUT DOWN THE FOLLOWING LIMITATIONS, APPLY TO THE ROOF LOWLYING OF THE ROOF.
SHE'LL BE LIMITED TO WHEN IN CURRENT DEBT LOADS WORKERS AND OTHER LIVE LOADS SHOULD NOT, OR SHALL NOT BE ALLOWED ON THE ROOF.
FIRST, THE REROOFING, THE ROOF, FOR EXAMPLE, NEW SHINGLES SHALL NOT BE PERMITTED, NO ADDITIONAL OR NEW DEAD LOADS SHALL BE ADDED TO THE ROOF.
FOR EXAMPLE, AGAIN, ADDITION OF LIGHTS OR CEILING FANS, REASSESSMENT OF THE ROOF STRUCTURE, SHE'LL BE DONE AGAIN NO LATER THAN ONE YEAR FROM THE TIME OF THIS INSPECTION.
UM, AND I THINK THE LAST THING HE PUT, UM, WHEN FOLLOWING THE CORRECTIONS LISTED ABOVE, AND EITHER ONE ARE COMPLETED, THE WOOD STRUCTURE WILL BE ADEQUATELY TIE TO THE STEEL COLUMNS TO RESIST.
WHEN OF LIP LOADS, REMAINDER OF THE WOODS, DRUG WILL BE ADEQUATE AGAINST GRAVITY LOADS AS PER LIMITATIONS AND ITEM TWO.
UM, MY ONLY CONCERN AT THIS POINT IS THAT THE ENGINEER HAS SOME ISSUES OBVIOUSLY WITH THE, WITH THE ROOF.
AND THAT'S SOMETHING I'M SURE THAT MR. JONES AND HIS ASSOCIATES ARE PROBABLY ADDRESS SINCE THEY DID RECENTLY GET SOME, UH, BUILDING PERMITS OBTAINED FROM THE CITY.
UM, THEN THAT CONCLUDES MY PRESENTATION.
BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OF VITRIOL FOUND THAT THIS STRUCTURE IS A PUBLIC AND ATTRACTIVE NUISANCE WITH SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBITS FOUR, A THROUGH FOUR J, WHICH WERE PHOTOGRAPHS OF THE PROPERTY AND THE VIOLATIONS STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT A PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND THE FOLLOWING ONE REQUIRE THE OWNER COMPLETE THE FOLLOWING WITHIN 90 DAYS FROM THE DATE, THE ORDERS MAILED, OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL SIDE OF VIOLATIONS TO THE COMMERCIAL STRUCTURE AND SEE REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE ON THE 91ST DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS THE CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTER SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL.
UH, I WILL GO AHEAD AND ADMIT AS STAFF'S EXHIBITS THREE AND FOUR, A THROUGH FOUR J ALL RIGHT.
UH, MR. JONES, IF YOU'D LIKE TO INTRODUCE YOURSELF AND
[02:50:01]
TELL US WHAT'S GOING ON, GOOD EVENING COMMISSIONERS.I AM THE OWNER OF 1200 AESICS PARTNERS.
I'M THE OWNER OF THE SUBJECT PROPERTY.
AND I'D LIKE TO THANK EACH AND EVERY ONE OF YOU FOR YOUR, UH, YOUR PUBLIC SERVICE AND, UH, THINK THE CODE COMPLIANCE OFFICERS FOR THEIR SERVICES.
WELL ECHOING MR. FRERES EARLIER SENTIMENTS, UM, I'M QUITE CLOSE TO SEVERAL COMPLIANCE OFFICERS OF IN FORT WORTH.
I'M ON A NEIGHBORHOOD ASSOCIATION BOARD AND UNDERSTAND WHAT THEY GO THROUGH AND WHAT THEY DO EVERY DAY.
SO SUPER APPRECIATIVE OF THAT.
UM, I WOULD LIKE TO RE RECAP KIND OF THIS PROJECT, JUST TO GIVE YOU GUYS A REFRESHER, UH, YOU KNOW, THIS IS A, UM, AN HISTORIC RESTORATION, UH, AS A DAUNTING TASK.
UM, YOU KNOW, WE HAVE, UH, WE ARE UNDER CONSTRUCTION.
WE HAVE, UM, OBTAINED ALL OUR PERMITS ALREADY.
THE PROJECT IS A GO, UH, WE HAVE COMMENCED CONSTRUCTION.
WE ARE ON AN EIGHT MONTH, UH, TIMEFRAME FOR SUBSTANTIAL COMPLETION.
UM, YOU KNOW, SINCE WE LAST SPOKE, I THINK, UH, YOU KNOW, THE, IN, IN THE CONTENTS OF THE ORDER OR SUCH THAT WE MOVED AT LIGHTNING SPEED, UH, TO OBTAIN THE, THE ENGINEERING REPORT TO ADDRESS ANY, UM, YOU KNOW, PERCEIVED SAFETY, SAFETY ISSUES WITH THE, WITH THE CANOPY.
AND, UH, THOSE WERE ADDRESSED TIMELY, UH, CONSISTENT WITH THE ORDER.
AND THOSE REPAIRS WERE MADE WITH MR. BUFKINS RECOMMENDATION THAT THE ROOF BE REVISITED WITHIN A YEAR.
UM, I JUST WANT YOU GUYS TO UNDERSTAND ONE THING THAT, THAT, THAT CANOPY IS A PART OF THE HISTORIC RESTORATION.
IF IT COMES DOWN TO CAMP, CAN'T PUT IT BACK UP.
WE HAVE QUALIFIED THIS PROPERTY, UH, AS ELIGIBLE FOR STATE AND FEDERAL HISTORIC TAX CREDITS.
WE HAVE RECEIVED A GRANT FROM THE CITY OF AUSTIN, UH, HERITAGE GRANT, UM, FOR FUNDS TO IMPROVE THIS PROPERTY.
AND, UH, AGAIN, WE, WE'RE, WE'RE FULLY FUNDED, WE'RE UNDER CONSTRUCTION, WE'VE GOT OUR PERMITS GOING AND AGAIN, WE'RE, WE'RE, UH, ESTIMATED SUBSTANTIAL COMPLETION TIMEFRAME.
AND IN EIGHT MONTHS, UM, THE, UH, MY BUSINESS PARTNERS, UH, MR. AARON FRANKLIN AND FREAKIN FRANKLIN BARBECUE, AND MR. JAMES MOODY OF, OF MOHAWK AND FAIR MARKET AND GORILLA SUIT, UM, UH, SEND THEIR BEST.
THEY COULD NOT BE HERE THIS EVENING.
UM, BUT HOPE YOU GUYS WILL COME BY FOR SOME GUMBO HERE IN ABOUT EIGHT MONTHS.
SO WITH THAT BEING SAID, UM, YOU KNOW, TO RESPECT EVERYONE'S TIME HERE, UM, YOU KNOW, I'D LIKE TO FIELD ANY QUESTIONS YOU ALL MAY HAVE ABOUT THE PROJECT AND, UM, GO FROM THERE.
ACTUALLY, I WILL START WITH ONE QUICK QUESTION, WHICH IS JUST, WHAT, WHAT IS YOUR, YOUR ASK? I MEAN, ARE YOU OKAY WITH, OH, WELL, MY, WELL, MY ASK YA, IN RESPONSE TO, UM, THE, THE RECOMMENDED ORDER, THE, UM, WELL, WE'VE COMPLIED WITH THE FIRST PART WE'VE RECEIVED ALL NECESSARY PERMITS AND, UH, AND WE ARE, UH, YOU KNOW, PROCEEDING WITH CONSTRUCTION, UM, AS TO THE 90 DAYS.
I THINK IT'S, UH, UH, I DON'T KNOW, OUR CONTRACTOR
I DON'T KNOW WHEN, UM, YOU KNOW, THOSE PARTICULAR VIOLATIONS ARE GONNA GET CORRECTED IN WHAT SEQUENCE, UM, THERE IS A PARTICULAR, UH, ORDER OF THINGS, SO TO SPEAK WHEN YOU'RE UNDERGOING, UH, A SUBSTANTIAL RESTORATION PROJECT LIKE THIS, UM, FROM MECHANICAL ELECTRICAL, PLUMBING ROOF, ALL THOSE ELEMENTS COMBINED.
SO I THINK THAT, UH, THE ONLY ISSUE I HAVE, UH, IS, IS THE 90 DAYS.
I DON'T THINK THAT, UM, THAT ALL OF THOSE THINGS MAY GET DONE WITHIN 90 DAYS.
I JUST DON'T KNOW THAT WHERE THOSE THINGS MIGHT FALL INTO CONSTRUCTION TIMELINE.
SO I GUESS MY RECOMMENDATION OR MY ASK TO THE BOARD WOULD BE THAT, UM, MAYBE WE DO, YOU KNOW, ACKNOWLEDGE THAT THE PERMITS HAVE BEEN, HAVE BEEN OBTAINED.
AND, UM, MAYBE WE COME BACK AND, YOU KNOW, FOR SIX MONTHS, SINCE WE'RE ON AN EIGHT MONTH CONSTRUCTION SCHEDULE, UH, TO REVISIT, UH, PROGRESS ON THE OVERALL PROJECT, UM, AGAIN, WE HAVE, WE HAVE, UM, YOU KNOW, THE PARTICULAR TIMEFRAME, UH, AND CONSTRUCTION SCHEDULES ON, ON DIFFERENT COMPONENTS AND WHEN THOSE GET DONE.
SO I DON'T, I CAN'T SPEAK TO WINDOWS PARTICULAR VIOLATIONS THAT WERE, UM, YOU KNOW, CITED WOULD GET ADDRESSED WITHIN THAT TIMEFRAME.
SO I THINK IF WE MODIFIED ANYTHING ON THAT ORDER, IT WOULD JUST BE TO, UM, UH, COME BACK AT A FUTURE DATE AND, AND W WE'LL GLADLY UPDATE YOU ON PROGRESS IN, IN GETTING THOSE THINGS TAKEN CARE OF, BUT I, I, I'M NOT SURE THAT THE 90 DAYS WOULD, UM, WOULD FALL EXACTLY IN LINE WITH, WITH THE CONSTRUCTION SCHEDULE.
[02:55:01]
THANK YOU.UM, THAT'S IT, YOU COMMISSIONER, FOR SURE.
I THINK THIS IS FOR, FOR, UM, THE CODE DEPARTMENT, THE, THE CONCERNS WITH THE, YOU KNOW, THE VERTICAL STRUCTURE AT THE FRONT OF THAT ROOF.
UM, IF, IF THE OWNER FENCED OFF THE AREAS SO THAT NO ONE HAD ACCESS TO THAT, UH, TO BE ABLE TO WALK UNDER THAT, TO THAT SIDEWALK, WOULD THAT, UH, WOULD THAT ADDRESS IT IN TERMS OF GIVING THEM 120 DAYS UNTIL THIS CAN, THIS PROJECT IS COMPLETED? WHAT I MEAN IS THAT LIKE IN LIEU OF AN ALTERNATE WAY OF KIND OF ADDRESSING THESE SAFETY CONCERNS, JUST SAYING FENCE IT OFF, FINISH IT UP IN 120 DAYS.
AND I THINK WE'RE GOING TO HEAR FROM INSPECTOR ADAMS BEHIND YOU.
I, I, I'M NOT SURE IF I'M ABLE TO ANSWER THAT PROPERLY.
I KNOW THAT IN ORDER FOR THEM TO FENCE IT OFF, THEY'D HAVE TO GET A RIGHT AWAY PERMIT TO DO THAT.
THEY JUST CAN'T GO UP THERE AND FENCE IT OFF.
UM, I'LL JUST SAY FROM MY OWN, UH, THE TIME SINCE THEY WENT IN AND PUT THE, UH, ANGLE IRON IN THERE TO REINFORCE IT, THAT I HAVEN'T SEEN ANY ISSUES AND, AND HUNDREDS OF PEOPLE WALK BY THAT THING EVERY DAY, UM, THAT BEING SAID, UH, THEY HAVE AN ENGINEER'S REPORT AND THAT'S, THAT'S WHAT YOU ASKED FOR, AND THAT'S WHAT MR. JONES IS GOING AHEAD AND GOT COMPLETED.
SO I DON'T LIKE, AGAIN, I'M NOT SURE IF THAT'S THE ANSWER, THE BEST ANSWER.
THAT'S THE BEST ANSWER I CAN GIVE.
UH, MR. UH, COMMISSIONER FOR, UM, I THINK THE, UH, WE NEED TO KEEP IN MIND THAT THE CANOPY, UH, IS KIND OF SEPARATE FROM THE ROOF.
I THINK, UH, THE CANOPY STRUCTURE HAS BEEN SECURED AND DECLARED SAFE AND, AND, UM, ACCORDING TO THE ENGINEER'S REPORT, WE HAD ALL THAT WORK COMPLETED IN A TIMELY MANNER.
AND SO I THINK, UM, THERE IS NO FURTHER, UH, RISK, UH, TO THE PUBLIC.
UH, THE, UH, ENGINEER RECOMMENDED RE-INSPECTION WITHIN A YEAR TO REVISIT IT.
UM, HOWEVER, THAT DOES NOT CURRENTLY POSE A SAFETY RISK TO THE PUBLIC.
WE HAVE ALLEVIATED THAT, THAT, UM, THAT RISK, UM, BY GETTING THOSE REPAIRS THAT REPAIR WORK TIMELY DONE, AND, UH, WITH RESPECT TO THE OVERALL CONSTRUCTION, UH, I WILL IMAGINE, UH, WHERE THAT FALLS IN THE TIMEFRAME FOR THE EXTERIOR WORK TO BE DONE.
YOU KNOW, THERE WILL BE, UH, UH, YOU KNOW, SOME SORT OF WALKWAY ENCLOSURE WHENEVER THEY DO WORK ON THE CANOPY.
I JUST DON'T KNOW WHERE THAT FALLS IN THE CONSTRUCTION TIMELINE, UH, COMMISSIONER MILLER.
UM, YES, THIS MIGHT BE A QUESTION, UH, PARTLY FOR STAFF.
I MEAN, I, USUALLY, WHEN WE ASK PEOPLE TO COME BACK AND REPORT, THEY CAN BRING EVIDENCE LIKE THE CONTRACTORS BID AND, YOU KNOW, THE CONSTRUCTION SCHEDULE OR THINGS LIKE THAT, WHICH WOULD MAKE IT EASIER FOR US TO ADJUST THE TIMELINE.
SO I GUESS I'M, I'M ASKING, UM, MR. WILLIS, IF THAT, IF THEY COULD SUBMIT SOMETHING LIKE THAT NOW, OR I HAVE A COPY OF THE ENGINEER'S REPORT THAT GOT, YOU KNOW, I UNDERSTAND THAT, BUT THAT'S JUST SPECIFICALLY ABOUT THE CANOPY ISSUE, BUT YOU'RE DESCRIBING THE PROJECT AND CLEARLY YOU HAVE A BID AND A TIMELINE AND ALL THIS STUFF, AND THAT I THINK WOULD BE HELPFUL FOR US BECAUSE THEN WE KNOW ALL THESE THINGS ARE GOING TO BE REPAIRED AS PART OF THIS OVERALL PROJECT.
COMMISSIONER MILLER, ACTUALLY, I'M GOING TO SPEAK TO THAT, UH, REAL BRIEFLY.
AND, UM, MS. CURRY, YOU CAN CORRECT ME IF I MISSPEAK.
SO IF WE EXTEND THE TIMEFRAME BEYOND 90 DAYS, IT'S NOT JUST A REQUEST, THEY HAVE TO COME BACK WITH SCHEDULE AND, YOU KNOW, SHOWING THAT YOU HAVE THE MEANS TO COMPLETE EVERYTHING.
UM, YOU KNOW, THERE ARE SOME VERY SPECIFIC ITEMS THAT YOU WOULD NEED TO BRING BACK.
NOW, THAT'S ONLY ONE OF THE OPTIONS THAT WE HAVE IN FRONT OF US.
I MEAN, ONE OF COURSE WOULD BE TO ADOPT STAFF'S RECOMMENDED ORDER RAISES, AND THEN YOU COULD COME BACK AND TALK TO US LATER WHEN ALL THE VIOLATIONS ARE COMPLETED.
UM, ANOTHER WOULD BE FOR US TO CONTINUE THE CASE AGAIN.
SO, UM, AND THAT DOES CONTINUING, IT JUST MEANS WE'RE, WE'RE NOT RESOLVING ANYTHING TONIGHT.
WE'RE JUST KICKING THE CAN DOWN THE ROAD.
I MEAN, I WISH YOU HAD BROUGHT THAT TO US TONIGHT CAUSE THAT WOULD MAKE IT EASIER TO MAKE THAT DECISION.
AND WE COULD CERTAINLY MAKE THAT A REQUIREMENT OF CONTINUING IT.
LIKE IF WE SAY WE'LL CONTINUE IT TO THIS DATE AND WHEN YOU COME BACK, BRING THIS, THIS AND THIS.
JUST MEAN, I WOULD WANT THAT DATE TO BE SOON.
SO, SORRY, I DIDN'T MEAN TO CUT YOU OFF, BUT WANTED TO YEAH, NO, UH, YEAH, I AGREE.
WE, WE ARE, UM, YOU KNOW, ON A EIGHT, LIKE I SAID, AN EIGHT MONTH SUBSTANTIAL COMPLETION TIMEFRAME.
UM, SO YES, WE CAN BRING BACK, UM,
[03:00:01]
WHATEVER YOU GUYS WOULD LIKE US TO, UH, TO SHOW, SHOW THAT OR SHOW EVIDENCE OF THAT.I THINK, UM, YOU KNOW, WE'RE, WE'RE DEFINITELY OPEN TO THAT.
UM, YOU KNOW, I JUST THOUGHT THAT THE 90 DAYS DIDN'T, WASN'T LIKE REALISTIC IN HOW PROGRESS WAS GOING TO, UH, HAPPEN, GIVEN THE DIFFERENCE, UH, IN CONSTRUCTION SCHEDULES AND WHEN DIFFERENT PARTS OF THE PROJECT GET COMPLETED.
UM, QUESTIONS FROM OTHER COMMISSIONERS? YES.
W W WHEN DID YOU, UH, YOUR GROUP OBTAIN HIS BUILDING? UH, WE FIRST, WE, WE PURCHASED THE PROPERTY IN JANUARY OF 2016.
AND WHY DON'T YOU COME UP WITH FLASH TO DO THIS, UH, UH, NEW CHANGE HIM? UH, I'M SORRY, COULD YOU REPEAT THAT QUESTION? THE, THE PLAN IS TO, UH, RENOVATE IT.
AND WHEN DID YOU COME UP WITH THAT? UH, THAT'S BEEN THE IDEA FROM DAY ONE.
UH, I FORMALLY REPRESENTED, UM, THE, A FAMILY WHO HAD OWNED THIS PROPERTY FOR SIX YEARS.
UH, THEY WERE MY CLIENT, UM, MEMBERS OF THE SIDE COMMUNITY.
AND, UM, IT WAS A, UM, UH, THE, THE, THE FAMILY'S DREAM TO SEE THEIR, THEIR FAMILY BUSINESS BACK OPEN AGAIN.
AND, AND I REPRESENTED THE FAMILY IN A YEAR'S LONG LITIGATION, UH, BATTLE TO OBTAIN POSSESSION OF THE PROPERTY.
AND WE WERE SUCCESSFUL AT WHEN ALL THE WAY THE TEXAS SUPREME COURT.
AND, UH, WE WERE SUCCESSFUL IN, IN, UM, UH, SOLIDIFYING, UH, THEIR, THEIR OWNERSHIP OF THE PROPERTY.
AND, UH, UNFORTUNATE ACCIDENT HAPPENED, UH, WHERE, UH, THE FAMILY MEMBER DIED, UH, IN A MOTORCYCLE ACCIDENT.
AND, UM, YOU KNOW, I WAS ABLE TO ACQUIRE THE PROPERTY FROM, FROM HIS FAMILY AND, UM, CONTINUE THE DREAM OF RESTORING IT TO ITS FORMER GLORY.
AND SO THAT HAD BEEN ALWAYS THE, ALWAYS THE VISION, UH, HISTORICAL DESIGNATION.
UH, IT, IT, IT, ONCE WE COMPLETE CONSTRUCTION, YES, IT WILL BE ON THE NATIONAL REGISTER.
WE HAVE QUALIFIED IT FOR STATE AND FEDERAL, UH, HISTORIC TAX CREDITS TO COMPLETE PART OF THE RENOVATION.
AND, UH, IT'S, IT'S A VERY LONG PROCESS, UH, TO GO THROUGH TO GET THAT, UH, QUALIFIED, BUT WE'RE, WE'RE DETERMINED.
AND, AND, UH, WE FELT LIKE IT WAS THE RIGHT THING TO DO FOR THE PROPERTY.
UH, WE'RE, WE'RE BIG FANS OF HISTORY AND, AND, UH, PRESERVING HISTORICAL, UH, STRUCTURES AND, AND WITH EVERYTHING GETTING, UH, CHANGED IN EAST AUSTIN, UH, THIS IS KIND OF THE CROWN JEWEL OF THE NEIGHBORHOOD AND, AND IT WAS OUR, UH, OUR INTENT FROM DAY ONE TO PRESERVE IT.
IT'S JUST, UM, YOU KNOW, WE'RE, WE'RE RAISED OVER FOUR AND A HALF MILLION DOLLARS, UH, TO PRESERVE THIS PROPERTY AND MAKE IT REALLY AN AUSTIN ICON, UH, FOR THE EAST SIDE.
SO THAT'S A LITTLE BACKSTORY ON THAT.
ANY OTHER QUESTIONS FROM THE COMMISSION? I JUST HAVE A VERY BRIEF COMMENT I WANTED TO MAKE, THIS IS ACTUALLY SORT OF UNRELATED, BUT IN THE IMAGES, THE PHOTOGRAPHS WE SAW, I DON'T KNOW IF YOU KNOW OTHER, OTHER GRAFFITI AND STREET ART.
I DON'T KNOW IF YOU KNEW THAT BUILDING.
DID YOU KNOW THAT I HAVEN'T LOCATED THAT YET? IT'S THE ONE THAT SAYS OBEY.
HE'S A, HE'S THE ARTIST THAT DID THE MURAL ON THE SIDE OF THE LINE, AND HE DID THE OBAMA HOPE POSTER.
SO HE'S A WORLD FAMOUS STREET ARTIST, AND HE PROBABLY TAGGED THAT WHEN HE WAS HERE FOR THE LINE MURAL.
PRETTY SURE HE DID TOTALLY SEPARATE FROM OUR WORK HERE, BUT IF WE HAVE A WAY TO CUT THAT OUT AND SAVE IT OUR EYE ON THAT, I'D APPRECIATE IT.
VERY FAMILIAR WITH THE, WITH MR. FERRY'S WORK.
I DID NOT REALIZE, UH, HE HAD DRESSED GREYSTAR BUILDING WITH, UH, WITH HIS ART.
CAN WE EXTEND IT TO WORK 120 DAYS? NO, WE CAN.
SO I'LL THROW SOME OPTIONS OUT THERE, UM, FOR US TO EXTEND A TIMEFRAME BEYOND 90 DAYS, THE PROPERTY REPRESENTATIVE WOULD HAVE HAD TO SHOW US, YOU KNOW, AT THIS MEETING, YOU KNOW, CONSTRUCTION SCHEDULE, UH, SHOWING THAT THE FUNDS WERE THERE, ALL OF THAT, WE DON'T HAVE THAT IN FRONT OF US TONIGHT.
SO OPTIONS ARE, WE CAN STILL HOLD IT TO 90 DAYS AND, YOU KNOW, YOU'RE ALWAYS WELCOME TO COME BACK.
ONCE EVERYTHING IS COMPLETED AND COME TALK TO US AGAIN, ANOTHER OPTION WOULD BE TO CONTINUE THE CASE, WHICH MEANS
[03:05:01]
WE'RE NOT CLOSING IT, WE'RE JUST PUSHING IT OUT.AND WE WOULD HAVE TO HAVE A SPECIFIC MONTH THAT WE WOULD COME BACK.
AND IF WE HAVE SPECIFIC THINGS WE WANT TO SEE, CAUSE THE IDEA IS WE'RE CONTINUING IT BECAUSE WE DON'T HAVE THIS INFORMATION AND WE WANT YOU TO BRING IT BACK.
SO THOSE ARE, OR WE COULD DO NOTHING, WHICH, UM, I DON'T REALLY RECOMMEND THAT.
SO, I MEAN, I'VE, IF I MAY SAY SOMETHING, I THINK PRACTICALLY SPEAKING THAT THAT SECOND OPTION SEEMS, UH, THE MOST LOGICAL GIVING, UH, THE, THE WAY CONSTRUCTION GOES.
UM, OUR HESITATION QUITE FRANKLY, IS JUST, IT MEANS CITY STAFF HAS TO GO THROUGH THE WHOLE NOTIFICATION PROCESS AGAIN, IT'S, YOU KNOW, IT'S THE FULL LOAD OF PAPERWORK AGAIN FOR CITY STAFF.
SO THAT'S KIND OF THE DOWNSIDE OF CONTINUING A CASE, BUT STILL SOMETIMES IT IS THE BEST THING TO DO.
SO, UM, YES, COMMISSIONER MILLER.
UM, SO FIRST I'D LIKE TO CLOSE THE PUBLIC HEARING.
AND THEN I'D LIKE TO MOVE THAT WE CONTINUE THE CASE TILL NEXT MONTH.
AND THAT WE ASK THE PROPERTY OWNER TO COME BACK WITH THE INFORMATION ABOUT THE CONSTRUCTION PLANS AND TIMELINE, AND ALSO REPORT TO US ON YOUR PROGRESS IN THIS NEXT MONTH OR SECOND EMOTION.
UM, CAN I SAY SOMETHING QUICKLY? UH, WE DO NOT HAVE A MEETING NEXT MONTH.
WE, OUR NEXT MEETING IS DECEMBER, SO WE DON'T HAVE A NOVEMBER.
THANKS FOR THE REMINDER AND OKAY.
AND I'LL LET YOU REPHRASE THAT.
SO AT OUR NEXT MEETING, RATHER THAN NEXT MONTH, BUT THE NEXT REGULAR MEDIA SET OUR NEXT REGULAR MEETING MODIFICATION.
SO WHY I LETTING TOWARDS THAT, UH, THAT, THAT SUGGESTION, EXCEPT THAT MIGHT CONCERN IS THE REPRESENTATIVE HERE ALREADY TOLD US THAT THEIR SCHEDULE IS ABOUT EIGHT MONTHS OUT.
SO I DON'T THINK THERE'S GOING TO BE ANY SORT OF PRAGUE, NOT A TON OF PROGRESS, NOT SIGNIFICANT ENOUGH BY DECEMBER.
WE CAN'T EXTEND THE TIMELINE WITHOUT SEEING THIS DOCUMENTATION.
WE COULD, BECAUSE WE'RE NOT DOING ANYTHING OTHER THAN DEFERRING IT TO, YOU KNOW, THE FUTURE.
I THINK WE COULD DO 90 DAYS, CORRECT? CORRECT.
UH, IS THERE ANY LIMIT TO HOW FAR OUT WOULD BE CONTINUE THE CASE MS. COREY? NO.
SO WE COULD ACTUALLY SUGGEST TO, AND MY SMILE, MY HESITATION THERE IS I FEEL LIKE WE SHOULDN'T DO THAT WITHOUT ANY DOCUMENTATION, YOU KNOW, IT'S, I DON'T THINK IT'S A GOOD PRECEDENT TO SAY THAT JUST BASED ON WHAT SOMEONE'S TOLD US WITHOUT PRESENTING ANY DOCUMENTATION, WE WILL GIVE THEM THE MAXIMUM TIME.
I MEAN, AND THIS MAY BE WELL-DESERVED, BUT EVERY CASE IS GOING TO BE A LITTLE DIFFERENT.
AND, UM, THAT, THAT WOULD JUST BE, THAT WOULD BE MY CONCERN WITH THAT.
THE ONLY REASON I'M COMFORTABLE WITH THAT IS THAT WE'VE SEEN WHAT THEY'VE ACTUALLY COMPLIED WITH.
WELL, I COULD, I COULD CALL THE QUESTION AS IS, WE'LL SEE IF IT, IF IT FLIES AND IF NOT, WE'LL TRY, IT WAS A DIFFERENT, IT'S JUST A DIFFERENT PRODUCTIVELY WE'RE, WE'RE GIVING A 60 DAY CONTINUANCE BECAUSE WE DON'T HAVE ANOTHER MEETING UNTIL DECEMBER AND THEN WE'LL SEE THE DOCUMENTATION AND THEN WE'LL MAKE A FURTHER DECISION AT THAT POINT.
WHAT DOCUMENTATION DID WE WANT? WHAT DO WE WANT TO SEE? I THINK WE WANT TO SEE THE BID THAT YOU RECEIVED FOR THE SPECIFIC WORK AND THE TIMELINE CONSTRUCTION, THE CONSTRUCTION TIMELINE.
MADAM CHAIR, IN ORDER TO, UM, UNDER THE COMMISSION'S RULES IN ORDER TO OFFER, UM, A REPAIR TIMEFRAME THAT'S LONGER THAN 90 DAYS.
IF THAT'S WHAT YOU WANTED TO DO, YOU WOULD NEED TO SEE, UM, AN ENGINEERS OR ARCHITECTS, STEEL DRAWINGS OR REPORT, WHICH IS WHAT'S BEEN PROVIDED TONIGHT, UH, FORMAL BREAKDOWN OF COSTS, INCLUDING SUPPLIES AND LABOR, A LETTER FROM A FINANCIAL INSTITUTION APPROVING THE REQUIRED FUNDS OR OTHER PROOF OF FUNDING SOURCE AND AN ESTABLISHED TIMEFRAME BY WHICH ALL WORK WILL BE ACCOMPLISHED.
SO CONTINUING TO THE DECEMBER MEETING AS, AS YOU'VE PROPOSED, UM, IF THE PROPERTY REPRESENTATIVE NEEDS MORE THAN 90 DAYS AT THAT TIME, WE WOULD NEED TO SEE ALL OF THOSE THINGS.
[03:10:01]
ALTERNATIVELY, IF WE CONTINUE IT A LITTLE FURTHER OUT, YOU KNOW, MAYBE FOUR MONTHS OR SO THEN 90 DAYS, EVERYTHING MIGHT FIT WITHIN THE 90 DAYS AT THE END.BUT I DO HEAR YOUR CONCERN TOO, ABOUT NOT WANTING TO JUST BLINDLY PUSH THINGS OUT.
SO, SO THE MOTION IS TO CONTINUE THIS CASE TO THE DECEMBER, MEETING WITH THE UNDERSTANDING THAT THE PROPERTY REPRESENTATIVE WOULD THEN BRING TO THE DECEMBER, MEETING ALL THE DOCUMENTATION REQUIRED TO POSSIBLY EXTEND AN ORDER'S TIMEFRAME BEYOND 90 DAYS, WHICH WOULD BE, UM, AS OUR, OUR ATTORNEY JUST STATED APPROVED DRAWINGS, UH, CONSTRUCTION BID PROOF OF FUNDS TO COMPLETE THE CONSTRUCTION AND A CONSTRUCTION SCHEDULE.
UM, IF YOU ARE IN FAVOR, PLEASE SAY AYE.
UH, WE DIDN'T HEAR YOU, BUT I SAW YOU WAVE.
AND, UH, I AM ALSO IN FAVOR CHAIR.
SO THAT PASSES, I'VE GOT EIGHT TO ZERO UNANIMOUS.
THANK YOU, MR. JONES AND GOOD LUCK.
AND WE'LL SEE YOU IN DECEMBER.
UM, WE HAVE FOUR MINUTES UNTIL 10.
WE HAVE, WE HAVE ONE MORE CASE TO HERE.
UM, MR. RILEY HAS BEEN VERY PATIENT.
UH, WE DO NEED TO VOTE TO EXTEND THIS MEETING.
IF WE ARE GOING TO DO THAT, OR WE NEED TO WRAP EVERYTHING UP IN FOUR MINUTES.
I VOTE THAT WE EXTEND THE MEETING BECAUSE POOR CHRIS HAS BEEN HERE FOR HOURS WITH US.
LITERALLY HOURS YET WE SAY 30 MINUTES.
IS THAT ENOUGH? OKAY, SO THAT'S TWO.
UH, NO, WE, WELL, WE COULD, I DUNNO WHAT WE'RE GOING TO TALK ABOUT AT THE RETREAT.
UM, AND WHEN WE'RE GOING TO APPROVE OUR, OUR, UH, NEXT YEAR SCHEDULE, I WOULD, AND NO, WE REALLY CAN'T TAKE ACTION UNLESS WE'RE HERE IN PERSON.
ALL IN FAVOR OF CONTINUING OR EXTENDING OUR MEETING TO 10:30 PM.
WELL, WITHIN THE EXECUTIVE, MAY I JUST ASK IT FOR CLARIFICATION? WILL THAT GIVE US ENOUGH TIME TO WAIT ON? NO, WE DON'T KNOW.
AND THERE WAS WHERE YOU OPPOSED COMMISSIONER THOMPSON.
ANY OPPOSED? UM, CAUSE WE NEED TO GET HOSE BECAUSE I WANT TO BE ABLE TO ADDRESS YOUR NEEDS.
WE CAN, WE CAN, WE CAN, SO THAT DID NOT PASS.
CAN WE RESTATE IT AND LET'S DO IT AGAIN THEN? WELL, THAT, THAT MOTION FAILED.
SO YES, YOU CAN, YOU CAN STAY THERE.
I'M PRE UH, MARGIN IS REQUIRED TO PASS THAT.
NO, WE, WE ENDED UP WITH FIVE EYES, THREE OPPOSED? WE'VE LOST MR. GREEN.
IF SOMEONE WOULD LIKE TO MAKE ANOTHER MOTION, EXCUSE ME FOR 45 MINUTES.
SO COMMISSIONER SILA IS MOTION.
COMMISSIONER'S FELIX MOTION IS TO EXTEND THE MEETING FOR 45 MINUTES.
AND OPPOSED WE'RE A GUMBO DAY AND THOMPSON.
[5. Case Number: CL 2019-051025 Property address: 707 W. 14th Street / Owner: East Forty Fourth Street LLC Staff presenters: Farah Presley and Willis Adams Staff recommendation: Uphold accrued penalties from order issued February 26, 2021 Previous Commission Action: Repair fire-damaged commercial structure]
FIVE ON THE AGENDA CASE NUMBER CL 20 19 0 5 1 0 2 5 IS REGARDING THE PROPERTY LOCATED[03:15:01]
AT 7 0 7 EAST 14TH STREET.AND IS RETURNING TONIGHT AT THE REQUEST OF THE OWNER REGARDING PENALTY RELIEF EXHIBITS CAN BE FOUND IN THE BROWN BOOK IN THE GOOGLE DRIVE FOLDER OR READERS.
HERE'S SOME FACTS ABOUT THE CASE.
THIS CASE IS ABOUT AN UNOCCUPIED BOARDED COMMERCIAL PROPERTY WITH A HISTORY OF VAGRANT ACTIVITY.
THE STRUCTURE SUFFERED SIGNIFICANT STRUCTURAL DAMAGE IN 2018, AS A RESULT OF A FIRE, CREATING UNSAFE AND DANGEROUS CONDITIONS.
THE CASE WAS INITIALLY ESCALATED TO BSC IN 2019, HOWEVER, WAS NOT HEARD DUE TO CHANGE OF OWNERSHIP IN FEBRUARY OF 2021, THE BSE HEARD THE CASE AND ISSUED AN ORDER FOR REPAIR.
WITHIN 90 DAYS, THE OWNER MET COMPLIANCE ON AUGUST 27TH, 2021 BY DEMOLISHING THE STRUCTURE.
THE TOTAL PENALTY AS OF TODAY'S DATE IS $12,636 AND 28 CENTS TO READ THE ROOM THAT WAS, EXCUSE ME, IT WAS 7 0 7 WEST 14TH STREET, AND I'VE STATED EAST EAST 14TH STREET.
SO I JUST WANTED TO CORRECT THAT.
AND UM, ANYWAY, THE TOTAL PENALTY AS OF TODAY'S DATE IS $12,636 AND 28 CENTS, WHICH INCLUDES INTEREST ACCRUED SINCE COMPLIANCE WAS ACHIEVED IN YOUR READER, GOOGLE DRIVE FOLDER, YOU'LL FIND THE FOLLOWING EXHIBITS ONE AND TWO, WHICH WERE PREVIOUSLY ADMIT THREE, WHICH CONTAINS AN UPDATED COMPLAINING CASE HISTORY.
THE REQUIRED NOTICES FOR TONIGHT'S HEARING AND POSTINGS COPIES OF THE FEBRUARY 24TH, 21, 20 21 ORDER AND CURRENT PENALTY STATEMENT AND EXHIBIT FOUR, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS.
AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INVESTIGATOR FAIRER PRESLEY IS HERE TONIGHT TO DISCUSS THE EVENTS THAT LED TOWARDS COMPLIANCE AND TO SHOW YOU SOME PRE AND POST COMPLIANCE PHOTOS OF THE PROPERTY INVESTIGATOR PRESLEY, GOOD EVENING COMMISSIONERS.
I'M AN INVESTIGATOR WITH THE CREDIT TEAM, WITH THE CITY OF BOSTON.
I WAS ASSIGNED THIS CASE AFTER IT WAS HARD AT THE BUILDING STANDARDS COMMISSION ON FEBRUARY 24TH, 2021, AND REFERENCE TO THE PROPERTY OF 7 0 7 WEST 14TH.
THIS CASE DID START WITH AUSTIN CODE ON MAY 9TH, 2018.
THIS CASE WAS BROUGHT BEFORE BSC ON FEBRUARY 24TH, 2021.
THE BSC AGREED WITH THE CITY RECOMMENDATIONS TO REPAIR AND GAVE 90 DAYS TO ACQUIRE THE PERMITS TO DO SO.
INSTEAD OF REPAIR THE OWNER DECIDED TO DEMO TO PERFORM THE DEMO.
THEY ONLY NEEDED A SITE PLAN EXEMPTION AND AN HISTORICAL REVIEWS APPROVAL.
THEY STARTED THE PRICE PROCESS TO THE SITE PLAN REVIEW ON MAY 25TH, 2021.
THE SITE PLAN REVIEW WAS APPROVED ON JULY 8TH, 2021.
AFTER BEING REJECTED ON MAY 10TH, JUNE 30TH AND JULY 8TH, 2021, THE HISTORICAL REVIEW PROCESS WAS APPROVED ON JULY 21ST, 2021.
THE PLAN REVIEW FOR DEMO WAS APPROVED ON JULY 23RD, 2021.
THE BUILDING AND PLUMBING PERMITS TO DEMO WERE ACQUIRED ON THE SAME DAY AS WELL.
THE DEMO BUILDING PERMIT WAS FINALIZED ON JULY 23RD, 2021.
AND THE DEMO PLUMBING PERMIT WAS FINALIZED ON AUGUST 3RD, 2021, STARTING IN JUNE 11TH OF THIS YEAR, THE PROPERTY OWNER DID START THE PROCESS OF TRYING TO ACQUIRE PERMITS FOR A NEW BUILD ON SITE.
THEY WERE REJECTED ON AUGUST 2ND AND THEY'RE STILL WAITING ON APPROVAL OF CURRENT PLANS FOR REBUILD.
THIS IS THE PROPERTY BEFORE IT WAS DEMOED.
AND THEN THERE'S ANOTHER PICTURE OF AFTER, CORRECT.
THIS IS JUST A FRONT VIEW OF IT.
THERE WAS A LOT OF GRAFFITI ISSUES AT THIS PROPERTY NEXT PHOTO.
AND THEN OF COURSE THEY DEMOED THE PROPERTY AND THEY CLEANED AND SCRAPED THE ENTIRE PROPERTY.
SECOND, ONE'S JUST THE FURTHER PICTURE AWAY.
AND IF Y'ALL HAVE ANY QUESTIONS, OKAY.
STAFF STAFF ASKS THE COMMISSION TO ADMIT EXHIBIT THREE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND EXHIBIT FOUR, WHICH CONSISTS OF PRE AND POST COMPLIANCE PHOTOS, STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS LAW AND ORDER THE FOLLOWING AFFIRM THE CIVIL PENALTY ASSESSED IN THE FEBRUARY 24TH, 2021 ORDER TRV 20 21, 1 0 4 7 6 4 4, WHICH AS OF TODAY'S DATE IS $12,636 28 CENTS, INCLUDING INTEREST OR IN THE ALTERNATIVE TO IF THE PENALTY AMOUNT IS REDUCED, ALLOW 30 DAYS TO PAY THE CIVIL PENALTY IN FULL AT THE REDUCED AMOUNT AND THREE ON THE 31ST DAY FROM THE DATE, THE ORDER IS MAILED.
IF THE CENTRAL CIVIL PENALTY HAS NOT BEEN PAID IN FULL AT THE REDUCED AMOUNT, REINSTATE THE UNPAID UNPAID PORTION OF THE ORIGINAL PENALTY AMOUNT INTEREST SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT
[03:20:01]
UNTIL PAID IN FULL.THANK YOU, MS. HARLEY, I'LL GO AHEAD AND ADMIT STAFF'S EXHIBITS THREE AND, UM, THE PHOTOS IN EXHIBIT FOUR AND MR. RILEY, IF YOU'D LIKE TO COME AND TELL US, TELL US WHAT'S GOING ON.
I MEET HER ON BEHALF OF THE OWNER OF 7 0 7 WEST 14TH, J READY? I WANT TO THANK YOU FOR EXTENDING THE MEETING A LITTLE BIT TO HEAR THIS CASE AND I'LL, I'LL TRY NOT TO TAKE TOO LONG.
I DO HAVE A FEW EXHIBITS THAT I'M HOPING TO SHOW.
UM, UH, UH, YOU'VE ALREADY SEEN THE PICTURES OF, OF, UH, THE BEFORE AND AFTER.
UH, THEN IF WE GO TO THE NEXT PAGE, I JUST WANT TO, TO, UM, UH, WALK YOU THROUGH THE TIMELINE OF, OF WHAT HAPPENED.
UM, UH, AS MS PRESENTLY MENTIONED THAT THERE WAS A, UM, UM, UH, A FIRE THAT DAMAGED THIS PROPERTY IN MAY OF 2018, MR. REDDY BOUGHT THE PROPERTY, UM, IN JANUARY OF 19 OF 2020, UH, WITH THE HOPE OF BUILDING, UH, A, UH, A SMALL APARTMENT BUILDING THERE FOR HIMSELF AND OTHER FAMILIES, HE IS HE AND HIS FAMILY HAVE LONG WANTED TO LIVE DOWNTOWN AND THIS, UM, UH, ANY AND THE NEIGHBORHOOD, I LIVE JUST A COUPLE OF BLOCKS FROM THERE.
AND THE NEIGHBORHOOD HAS, HAS LONG WANTED TO HAVE MORE MULTI-FAMILY SMALL LOT MULTIFAMILY INFILL.
SO WE WERE VERY GLAD TO HAVE HIM, UM, EMBARKING ON THIS PLAN.
HE HAS BEEN WORKING VERY HARD THROUGHOUT TO, TO, TO MOVE FORWARD WITH THIS PLAN.
IT IS, IT IS DIFFICULT, UH, BUILDING A MULTI-FAMILY BUILDING ON THESE OLD SMALL LOTS IS VERY CHALLENGING, PARTLY BECAUSE OF THE, THE INFRASTRUCTURE IS, IS VERY OLD AND, YOU KNOW, THE PLUMBING CROSSES OTHER LINES AND YOU HAVE TO REDO LOTS OF THINGS.
AND SO IT HAS BEEN A COMPLICATED PROCESS.
WE STARTED OFF WITH THE REZONING IN 2020 AND THAT, AND GOT THE PROPERTY REZONED.
UH, WE, MR. REDDY HAD HOPED TO REVIVE THE, THE, UM, THE DEMOLITION PERMIT THAT THE PREVIOUS OWNER HAD GOTTEN ON THE PROPERTY, BUT UNFORTUNATELY THAT EFFORT WAS UNSUCCESSFUL.
AND SO, UH, IT WAS A COMPLICATED PROCESS TO GET A NEW DEMO PERMIT.
WE WOUND UP, UH, WE DOVE INTO THAT RIGHT AFTER THE BSE HEARING IN FEBRUARY OF 20 OF 2021.
UM, AT THE TIME WHEN YOU LOOK OVER THAT TRANSCRIPT FROM THAT HEARING, YOU CAN TELL THAT THAT THERE WAS AN ASSUMPTION AT THE, AT THE HEARING THAT GETTING A, UM, A DEMO PERMIT WOULD BE A VERY STRAIGHTFORWARD, EASY PROCESS.
THE DIRECT QUOTE FROM STAFF AT THE TIME WAS IF HE WANTS TO DEMO THE PROPERTY, HE JUST HAS TO GET A DEMO PERMIT, WHICH IS JUST A BUILDING PERMIT.
BASICALLY IT WAS NOT THAT EASY IF YOU COULD GO TO THAT, THAT NEXT SLIDE.
UM, HE, MR. READY IMMEDIATELY WENT OUT AND GOT, TOOK ALL THE STEPS TO GET THE DEMOLITION, UH, WITHIN, IN LESS THAN A MONTH, HE HAD ACTUALLY SUBMITTED THE APPLICATION FOR DEMOLITION PERMIT.
AND ALONG WITH THE SITE PLAN EXEMPTION REQUEST, UM, WAS TOLD TO WAIT AT LEAST 12 TO 14 BUSINESS DAYS FOR REVIEW.
BUT THEN AS TIME WENT BY, I KEPT CHECKING IN WITH STAFF KEPT HEARING, WELL, WE'RE, WE'RE SORRY.
WE'RE BUT WE'RE BEHIND ON THESE THINGS.
THEY WERE, THEY WERE, UM, IT TOOK THEM A LONG TIME TO GET TO THAT POINT AND THE, AND THE 90TH DAY, UH, IT CAME AND CAME AND WENT.
UH, IF YOU, IF YOU COULD GO TO THAT, THAT THE NEXT SLIDE, THIS WAS A, THIS WAS A TIME WHEN, UM, AS THE AUSTIN MONITOR REPORTED THERE, THERE WERE SITE PLANS AND EXEMPTIONS WERE EXPERIENCING DELAYS.
THIS WAS, IT WAS NOBODY'S FAULT.
THIS WAS EVERY DIFFICULT TIME PEOPLE WERE DEALING WITH ALL SORTS OF DIFFICULT ISSUES INVOLVING THE, THE, UH, INVOLVING THE PANDEMIC AND THE, AND, AND THE HOUSING, ALL KINDS OF HOUSING DIFFICULTIES.
UH, IF YOU CAN GO TO THE NEXT SLIDE, WHEN, WHEN, WHEN, UH, WHEN WE FINALLY GOT THE SITE GLAM EXEMPTION, UM, THE DEMO PERMIT HAD GOT APPROVED.
MR. READY, IMMEDIATELY GOT, GOT THE DEMOLITION DONE.
UM, AND THEN WE GOT THE, THE, UM, IT TOOK SOME TIME AFTER THAT TO GET ALL THE INSPECTIONS, TO GET ALL THE APPROVALS SIGNED OFF AFTER THE DEMO WAS COMPLETED.
ALL OF THAT IS TO SAY IS MR. REDDY HAS BEEN WORKING VERY HARD THROUGHOUT THIS TIME TO MOVE FORWARD AS QUICKLY AS POSSIBLE.
AND I KNOW STAFF WERE TOO, AND I'M NOT TRYING TO BLAME ANYBODY.
THIS WAS, EVERYBODY WAS DOING THE BEST.
THEY COULD UNDER VERY CHALLENGING CIRCUMSTANCES.
THIS WAS JUST A DIFFICULT SITUATION.
AGAIN, IT DOES GETTING A DEMO PERMIT DOES REQUIRE A SITE PLAN EXEMPTION, WHICH, WHICH IS ESSENTIAL, WHICH IS KIND OF A MINIATURE SITE PLAN PROCESS.
YOU GO THROUGH THE WHOLE MULTI, MULTI DEPARTMENTAL REVIEW, AND THERE ARE, UH, YOU KNOW, IT GETS REJECTED.
YOU HAVE TO ADDRESS IT AND RESUBMIT, IT HAS TO GET REVIEWED AGAIN, YOU GO BACK AND FORTH.
AND SO IT JUST TOOK A LONG TIME.
THIS WAS, AND THIS IS ALL, ALL OF THIS.
DURING THIS TIME, HE WAS ALSO BUSY WITH THE ACTUAL SITE PLAN FOR THE ACTUAL PROJECT.
[03:25:01]
GOING ON WITH THIS CASE ALL THROUGHOUT.THIS WAS NOT, NOBODY WAS SITTING BACK JUST LETTING IT SIT THERE.
AND THAT WAS JUST A LOT TO DO, TO TRY TO FIGURE OUT HOW TO ENABLE THIS, THIS, UH, UH, THIS SITUATION TO BE RESOLVED IN AN EXPEDITION EXPEDITIOUS MANNER.
AND SO I, IT, IT IT'S, UH, IT'S LOOKING GOOD.
HE'S GOT HIS SITE PLAN APPROVED NOW AND IS READY TO START CONSTRUCTION SOON.
UM, BUT, BUT HE IS NOT A BIG DEVELOPER AND HE'S NOT, HE'S, HE'S, HE'S TRYING TO RAISE A SMALL FAMILY AND THE $12,000 DOES MAKE A VERY BIG DIFFERENCE.
AND, UM, AND IT, AND IT SEEMS A LITTLE UNFAIR SINCE AT LEAST SOME OF THOSE, UH, THAT THAT TIME WAS ACTUALLY BECAUSE THERE WERE, THERE WERE BIGGEST, THE CITY WASN'T MEETING ITS OWN DEADLINES.
THERE WERE HOLDUPS GETTING A SITE PLAN EXEMPTION APPROVED IN THIS SHORT TIME IS VERY DIFFICULT FOR EVERYBODY INVOLVED.
EVERYBODY WAS TRYING VERY HARD, BUT THEY JUST COULDN'T DO IT IN THE TIME ALLOWED BY THE COMMISSION'S ORDER.
SO WITH ALL THAT SAID, WE REALLY HOPE THAT THE COMMISSION WILL SEE ITS WAY TOWARDS FORGIVING THEM, THESE PINES.
UM, QUESTIONS FROM THE COMMISSION.
UH, IS THE COMMISSION CLEAR ON WHAT WE ARE BEING ASKED HERE? THANK YOU, MR. RILEY, JUST TO CLARIFY, WE'RE BEING ASKED TO FORGIVE ALL THE FONZ, RIGHT? YES, YES.
UH, ACTUALLY, MS. PRESLEY, DID YOU HAVE SOMETHING? YEAH, I JUST HAVE ONE QUICK COMMENT ON THIS.
UM, THE REASON THAT THE SITE PLAN WERE REJECTED AND I HAVE ALL THREE COPIES OF THEM IS BECAUSE THE PAPERWORK WAS NOT TURNED INCORRECTLY.
THEY WERE TOLD TO FIX THOSE SEVERAL THINGS ON THE FIRST, UM, REJECTION OF THE SITE PLAN.
AND THEY DIDN'T FIX THOSE THE NEXT TWO TIMES NEXT TIME.
SO THAT'S THE REASON THAT IT WAS DELAYED SO OFTEN.
AND THEN WE ALSO, FOR THE BSE ORDER, WE DIDN'T ASK FOR THE DEMO.
SO IF THAT HAD JUST DONE THE REPAIRS, THEY WOULD HAVE GOTTEN DONE IN A TIMELY MANNER, BUT SINCE THEY WENT FOR THE DEMO, IT TOOK A LOT LONGER.
THEN ALONG WITH THE DEMO, THEY WERE TRYING TO GET A SITE PLAN FOR THE NEW MULTIFAMILY RESIDENTIAL PLACE, WHICH IF THAT HAD JUST WENT AND GOT THE DEMO, IT HAD BEEN A LOT FASTER AS WELL.
IF THEY HAD DONE THE REPAIRS, WOULD THEY NOT HAVE NEEDED PERMITS FOR THAT? THEY WOULD HAVE NEEDED A SIMPLE BUILDING PERMIT, UH, TO DO THE ROOF.
UM, ACTUALLY MY COWORKER RIGHT HERE CAN TELL YOU EXACTLY WHAT WAS WRONG WITH IT, BECAUSE IT WAS HIS CASE BEFORE, BUT I DID BELIEVE IT WAS, UM, JUST A GENERAL BUILDING APARTMENT THAT WOULD HAVE BEEN NEEDED FOR ROOF REPAIR, FACIAL REPAIR, AND TO GET, CAUSE THE BUILDING CAN BE BORN AND SECURED.
IT JUST NEEDS TO BE PAINTED WITH THE GRAFFITI.
AND THAT WOULD HAVE BEEN A SIMPLE FIX FOR ALL OF THAT.
WHAT WOULD THE BUILDING PERMIT BEEN ABLE, WOULD THEY HAVE BEEN ABLE TO PULL THAT WITHOUT PULLING A SITE PERMIT FIRST? YES, SIR.
I'M NOT SURE ANYTHING IS SIMPLE WITH THE CITY OF AUSTIN THESE DAYS.
UM, NOT NECESSARILY THEIR FAULT.
I KNOW THE PANDEMIC DOESN'T HELP PEOPLE WORKING REMOTELY, UH, JUST THE HUGE, UM, SHEER AMOUNT OF WORK.
UM, BUT NO, I WOULD HAVE TO SAY THAT THEIR EXPERIENCE WITH GETTING A SITE PLAN EXEMPTION IS UNFORTUNATELY NOT UNUSUAL.
AND, UM, WHILE IT MIGHT'VE BEEN THAT THINGS WERE MISSING, IT COULD BE SOMETHING AS SIMPLE AS WELL.
YOU NEEDED TO SEND THIS TO THIS DEPARTMENT FIRST, BEFORE WE CAN APPROVE IT.
AND IT'S LIKE, WELL, I THOUGHT THAT'S WHAT WE WERE DOING WAS SENDING IT TO THIS DEPARTMENT FIRST.
AND, UM, IT, IT IS, UM, IT WOULD BE LAUGHABLE IF IT WERE NOT EFFECTING SO MANY LIVES AND LIVELIHOODS RIGHT NOW.
SO THAT'S, THAT'S, THAT'S JUST WHERE I'M AT ON IT.
SO, UM, DO WE HAVE ANY EMOTIONS OR FURTHER DISCUSSION ON THIS? I HAVE A QUESTION.
I DON'T THINK IN THE TIME THAT I'VE BEEN ON THIS COMMISSION, I'VE EVER, THE ONLY TIME WE'VE VOTED ON FINES BEING REMOVED WERE ANCIENT CASES WHERE THERE HAD BEEN PROBLEMS IN THE PROCESS.
SO, UM, I GUESS I'M NOT SURE WHAT'S THE PRACTICE LIKE WHEN HAVE FINES BEEN FORGIVEN AND I, YOU KNOW, I FEEL LIKE WE NEED TO BE FAIR ACROSS CASES, SO I DON'T KNOW IF ANY OF YOU WHO'VE BEEN AT THIS LONGER CAN OFFER ANY PERSPECTIVE ON THAT.
DOES ANYONE ELSE WANT TO WEIGH IN ON THIS, UM,
[03:30:01]
COMMISSIONER MUELLER IS KIND OF WONDERING WHAT, WHAT SORT OF PRECEDENT IS THERE FOR FORGIVING FINES ON SOMETHING THAT ISN'T, YOU KNOW, SHE'S BEEN ON THE COMMISSION WHEN WE HAD FORGIVEN FINES FOR CASES THAT WERE MAYBE DECADES OLD OR WE DIDN'T HAVE THE PROPER DOCUMENTATION? UM, YEAH, THAT'S MY ONLY EXPERIENCE WITH FORGIVING FINES.SO I GUESS I'M JUST ASKING, LIKE, WHAT OTHER, DO WE HAVE OTHER EXAMPLES OR ANY OTHER EXPERIENCE TO GO BY? YEAH, THE, THE, THE, UH, THE TIME I'VE BEEN ON THE COMMISSION, I DON'T THINK WE'VE SAID PRECEDENT.
I THINK FROM WHAT I REMEMBER, I THINK WE'VE JUST DONE IT ON A CASE BY CASE BASIS.
UH, MY THOUGHT ON IT IS, IS THAT, UH, WE CANNOT BLAME THE OWNERS BECAUSE THEY DECIDED TO DEMO INSTEAD OF REPAIR AND DOING A REPAIR ON IT, BUT IT DOES APPEAR THAT THERE MIGHT'VE BEEN SOME FAULT ON THE OWNER IN, IN, UH, THE DELAY.
UH, TO SOME EXTENT I WOULD, I WOULD, AS A, WE, UH, I, I WOULDN'T MOTION, OR IF SOMEBODY WANTS TO SECOND THAT WE JUST GO AHEAD AND FORGIVE 75% OF THE LOAN AND NOT A HUNDRED PERCENT OF IT.
I MEAN, I OFFER A FRIENDLY AMENDMENT TO A
UM, I AGREE THAT WE DON'T TEND TO DO THESE THINGS ON A CASE BY CASE BASIS.
UM, I AM, UH, COGNIZANT OF THE FACT THAT IN THE PAST WHEN APPROPRIATE, I THINK STAFF HAS BEEN CANDID WITH US.
UM, AND, UH, I THINK INSPECTOR PRESLEY IN THIS CASE IS, IS GIVING REASONS WHY, UM, THE OWNER IS NOT WITHOUT FAULT.
ON THE OTHER HAND, I AM INCLINED TOWARD A SORT OF SOLOMONIC COMPROMISE HERE.
I JUST DON'T KNOW THAT I'D GO 75%.
SO I WOULD JUST OFFER, I WOULD MOVE 50%.
I, I WOULD I'LL ACCEPT THE FRIENDLY AMENDMENT.
THEN SECOND THAT I SECOND DOESN'T MIND IT'S BEEN SECONDED YES.
UM, AND, UH, KEEP IN MIND TOO, THAT AS PART OF STAFF'S RECOMMENDED ORDER, IF THERE IS A REDUCTION IN THE FINE AMOUNT STAFF HAS REQUESTED THAT THAT BE PAID WITHIN 30 DAYS, AND THEN IF IT'S NOT, THEN, THEN IT WOULD GO, YES, THERE WOULD BE PART OF THE ORDER THAT WILL BE PAID WITHIN THE TIME REQUESTED BY CODE, WHICH IS THE 30 DAYS.
THAT, THAT WAS THE INTENT OF YOUR MOTION.
UH, I THINK I WOULD LIKE TO JUST ASK OF MR. RILEY, AS THE PROPERTY REPRESENTATIVE, DO YOU BELIEVE THAT THE OWNER WOULD BE OPEN TO THAT ACTUALLY PAYING THE FINE IF IT WERE TO BE REDUCED WITHIN 30 DAYS? I DON'T BELIEVE MS.
SO I THINK, UH, GIVEN HIS OPTIONS, HE WILL PAY, I EXPECT THAT HE WOULD PAY THE FINE, UM, AND, UH, SOMEHOW AND, AND BIGGEST THERE'S NO OTHER CHOICE.
UM, I KNOW HE'LL BE DISAPPOINTED.
HE HONESTLY FEELS LIKE THERE IS ABSOLUTELY NOTHING HE COULD HAVE DONE TO GO ANY FASTER.
AND SO, AND, AND WE KNOW THAT CITY STAFF MISSED THEIR OWN DEADLINES AND, AND, AND MUCH OF THE DELAY WAS BY THEIR OWN ADMISSION.
AND IT WAS BECAUSE THEY WERE MISSING THE DEADLINES.
AND SO IT FEELS A LITTLE UNFAIR TO MR. READY, UH, FOR HIM TO BE SUBJECTED TO A MULTI THOUSAND DOLLAR FINE FOR, FOR A PROJECT THAT IS ALREADY VERY DIFFICULT AND COSTLY.
UM, AND, AND SO I KNOW HE'LL BE DISAPPOINTED, BUT, BUT YES, I EXPECT THAT HE WILL PAY BECAUSE HE REALLY HAS NO ALARMS. OKAY.
WAS THAT TO CALL THE QUESTION? YES.
UH, IF YOU ARE IN FAVOR, PLEASE SAY, I'LL START WITH YOU.
COMMISSIONER THOMPSON COMMISSIONER, OR VICE CHAIR.
ABILA COMMISSIONER FOR RAILROAD COMMISSIONER SEELIG COMMISSIONER OR GUMBO DAY COMMISSIONER MILLER.
AND I AM OPPOSED, BUT IT PASSES SEVEN TO ONE.
[6. Discussion regarding upcoming Building and Standards Commission retreat]
WE'LL MOVE ON TO ITEM NUMBER SIX ON THE AGENDA.SO ITEM NUMBER SIX ON THE AGENDA IS A CONTINUATION FROM LAST MONTH'S DISCUSSION ABOUT THE RETREAT REALLY, IS IT BASICALLY JUST THAT WE NEED TO, IS EVERYONE AWARE OF THE DATE AND THE TIME FOR THE RETREAT AND THE LOCATION? RIGHT.
AND SO WHAT I WAS GOING TO SAY IS THAT LAST MONTH'S MEETING, WE, YOU KNOW, YOU DISCUSSED, UH, HAVING A HYBRID MEETING
[03:35:01]
WITH THE QUORUM OF COMMISSIONERS PRESENT, AND I SPOKE WITH CITY HALL AND THEY CONFIRMED THAT IN ORDER TO HAVE A REMOTE MEETING, WE DID HAVE TO HAVE A HYBRID MEETING.SO, UM, AND IT WOULD HAVE TO BE AT CITY HALL.
SO, SO I LOOKED AT THE DATES THAT YOU HAD REQUESTED, AND WE HAVE A CONFIRMED DATE FOR THE MEETING ON NOVEMBER 17TH IN THE BOARDS AND COMMISSIONS ROOM FROM NINE 30 TO 12, AND FROM NINE 30 TO 12:00 AM.
AND, UH, YOU WOULD ALSO HAVE AN EXECUTIVE SESSION ROOM TO HAVE A BREAKOUT SESSION FOR, UH, TO SPEAK ABOUT THAT OTHER PROPERTY YOU WANT TO TALK ABOUT.
SO WE HAVE, UM, AND THE MEETING WILL BE RECORDED ON ATX IN NOW IN ORDER FOR THE MEETING TO GO FORWARD, WE DO HAVE TO HAVE A CORE ORUM OF COMMISSIONERS PRESENT, OH, 9:30 AM TO 12:00 PM.
UM, AND THEN I GUESS THAT'S ALL I HAD TO SAY ABOUT THAT.
AND I WANTED TO, UM, IF THAT'S ALL CALENDAR AND EVERYTHING'S READY TO GO THERE, UM, THE ONLY OTHER THING I WAS GOING TO SAY IS, UM, LET'S SEE, JUST THE, DURING THE RETREAT WE HAD TALKED ABOUT, UH, KIND OF GOING BACK OVER A CODE DEPARTMENT, VSC ORIENTATION WITH A FOCUS ON BASIC UNDERSTANDING OF THE COMMISSION'S ROLES AND RESPONSIBILITIES PROCESSING CASES AND ESCALATION, AS WELL AS WE'RE GOING TO PROVIDE EVERYONE WITH A REFERENCE GUIDE THAT WILL HELP YOU WHEN YOU'RE MAKING DECISIONS AND CONSIDERING CASES AND ISSUING ORDERS.
SO THAT'LL BE PART OF THE RETREAT.
EVERYONE WILL BE GIVEN A BOUND COPY OF REFERENCE GUIDE THAT I THINK WILL HELP EVERYONE.
AND, UH, DID YOU WANT TO SAY ANYTHING ABOUT, UM, THE CHANGE IN VENUE? I DON'T KNOW IF THAT'S, UH, FOR THE NEXT YEAR SCHEDULE.
BUT THERE WAS ONE OTHER ITEM ON THE RETREAT AND I'M SORRY, I CAN'T, I DON'T REMEMBER WHAT IT, THE APPROVAL OF THE DATES FOR THE, FOR NEXT YEAR.
AND I FORGOT TO PUT THAT IN THE BACKUP.
THE, UH, OH, THE ACTUAL DATES WOULD BE THE THIRD WEDNESDAY.
CAN WE GO BACK TO THE AGENDA FOR THE RETREAT? YO, SHE IS SORRY, BUT THERE WAS A NON TO THE NEXT, THERE WAS AN ITEM THAT I WAS CHATTING WITH SOMEONE EARLIER THIS EVENING AND I DON'T REMEMBER LAUREN, WAS IT YOU? AND WE SAID, OH, THAT WOULD BE A GOOD THING FOR THE RETREAT.
BUT I THINK THAT COULD POTENTIALLY BE COVERED IN THE EXECUTIVE SESSION.
IS THAT STILL, ISN'T AN ITEM THAT WE NEED TO HAVE LISTED ON THE AGENDA IN ADVANCE IN ORDER TO GO INTO EXECUTIVE SESSION ON THAT, TO PROVIDE POSTING LANGUAGE FOR THE EXECUTIVE SESSION.
WHAT ARE THE LOCATION FOR THE RETREAT? IT WILL BE HERE IN THE BOARDS AND COMMISSIONS ROOM NEXT DOOR WHERE WE, NOT THIS ROOM, BUT THE ROOM ACROSS THE HALL.
AND THEN YES, UNLESS THERE ARE OTHER QUESTIONS ABOUT THE RETREAT.
[7. Approval of the 2022 Building and Standards Commission regular meeting schedule]
ITEM SEVEN, WHICH I GUESS WE DON'T HAVE THOSE DATES IN FRONT OF US FOR NEXT YEAR'S MEETINGS.WE DO NOT, WE COULD VOTE ON THOSE AT THE RETREAT OR I CAN, YOU CAN, WOULD THAT BE OKAY? THAT WOULD BE GREAT.
AND THEN I JUST REALIZED THAT I DID NOT PUT THOSE IN THE BACKUPS, SO I DON'T THINK THAT WAS WHAT WE WANTED TO TALK ABOUT AT THE RETREAT.
SO THE VENUE FOR OUR TYPICAL BUILDING AND STANDARDS COMMISSIONS MEETINGS IS, IS BEING MOVED TO THE NEW DEVELOPMENT SERVICES BUILDING, WHICH IS UP NEAR THE OLD HIGHLAND MALL.
UM, IT'S SUPPOSED TO BE A BEAUTIFUL BUILDING.
I AM ACTUALLY LOOKING FORWARD TO SEEING IT, UH, BUT I KNOW FOR SOME OF US THAT WILL NOT BE AS CONVENIENT AS BEING DOWNTOWN.
SOME OF US, IT WILL BE MORE CONVENIENT.
SO, UM, WE CAN TALK ABOUT THAT AT THE RETREAT TOO, THAT, UM, YOU KNOW, IT, AS OF RIGHT NOW, IT APPEARS TO BE PRETTY WELL SET IN STONE THAT EITHER FEBRUARY OR MARCH OF NEXT YEAR, OUR MEETINGS WE'LL MOVE TO THAT VENUE.
BUT, UH, YOU KNOW, POSSIBLY IF A LOT OF US ARE UNHAPPY ABOUT IT, WE COULD POSSIBLY TAKE SOME ACTION AT THE NEXT, AT THE RETREAT THAT MIGHT JUST BE ACTION IN THE FORM OF WRITING OR INFORMING OUR COUNCIL MEMBERS THAT WE DON'T LIKE THIS, OR MAYBE WE LOVE IT.
BUT, UM, SOMETHING ELSE TO BRING UP AT THE RETREAT, ARE YOU ASKING US TO APPROVE THE, ANYTHING ABOUT THE RETREAT? WAS IT JUST, NO, THIS WAS JUST INFORMATION ONLY, OR IF THERE WERE ANY OTHER AGENDA ITEMS WE NEEDED TO GET ON THERE.
[FUTURE AGENDA ITEMS]
FUTURE AGENDA ITEMS. SO WE HAVE ONE APPEAL SCHEDULED FOR NEXT MONTH.[03:40:01]
THAT WILL BE 6 0, 0 9 SEVILLE DRIVE.AND THE BSC RETREAT IS COMING UP AND I DON'T HAVE ANYTHING ELSE ON FUTURE AGENDA ITEMS. I KNOW YOU JUST ASKED FOR, UM, EAST SIXTH STREET TO COME BACK IN DECEMBER.
SO THAT'S 1286TH STREET AND THE DECEMBER MEETING WILL BE ON DECEMBER 8TH.
IT'S ON, UH, I'M NOT SURE THAT'S A WEDNESDAY OR THURSDAY.
BUT IT WILL BE DECEMBER EIGHT.
WE CAN'T DO IT ON A REGULAR TIME CAUSE THAT'D BE RIGHT AT CHRISTMAS.
AND THEN NEXT, THE, THE DATES THAT WE'LL REVIEW FOR NEXT MINUTE, NEXT YEAR'S MEETINGS ARE ALL THE FOURTH, WEDNESDAY OF EACH MONTH WITH THE EXCEPTION OF NOVEMBER.
AND THEN DECEMBER AGAIN WOULD BE AROUND THE EIGHTH OR THE NINTH.
UM, AND I APOLOGIZE FOR, WE'RE GETTING TO PUT THAT IN THE BACKUP.
I WILL BRING IT TO YOU AT THE RETREAT.
AND IF THERE IS NOTHING ELSE, NOTHING FURTHER, I'LL GO AHEAD AND ADJOURN.
UH, LET THE RECORD SHOW THAT THE TIME IS 10:25 PM.