[00:00:04]
[Call to Order]
TO GO AHEAD AND CALL THE BUILDING AND STANDARDS COMMISSION HEARING TO ORDER FOR JUNE 24TH, 2020.UH, LET THE RECORD SHOW THAT THE TIME IS 6:33 PM.
MY NAME IS MY NAME IS ANDREA FREIBERGER.
I AM CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
UM, AND ACTUALLY BEFORE WE GO MUCH FURTHER, OF COURSE, THIS IS A VIRTUAL MEETING AND I WOULD JUST REQUEST THAT EVERYONE, PLEASE MUTE, MUTE YOUR MICROPHONE UNLESS YOU ARE SPEAKING OR CALLED UPON TO SPEAK.
UM, I'D LIKE TO DO A ROLL CALL FOR THE OTHER COMMISSION MEMBERS, UM, ACTUALLY COORDINATOR ALLIE.
WOULD YOU BE WILLING TO DO THAT? ROLL CALL MELANIE.
ALLIE, ARE YOU ON THE LINE? YES, SHE'S HERE.
GIVE US ONE SECOND TO GET OUT OF MIC.
OTHERWISE I'D BE HAPPY TO DO THE ROLL CALL.
I'LL I'LL JUST GO AHEAD AND, AND DO THAT.
UM, BUT I'M DOING THIS JUST BASED ON THE NAMES THAT I CAN SEE ON THE PARTICIPANTS.
SO I MIGHT ACTUALLY MISS SOMEONE, UM, ELIZABETH MUELLER.
UM, CAN YOU GUYS ON YES, I CAN.
ALRIGHT, SO SHODDY, WOLGAN BODIE.
WHERE DO YOU THOMPSON JAMES
IS MR. GREEN HERE ALSO, IF ANY OTHER COMMISSIONERS ARE ACTUALLY PRESENT AND I WAS UNABLE TO SEE YOUR NAME, PLEASE GO AHEAD AND STATE YOUR NAME AND THAT YOU WERE PRESENT.
I THINK THE TWO THAT WERE MISSED WERE PABLO ABOLA AND NATALIA SHEDDEN.
AND THEN EDGAR FOR PABLO AVILA.
ARE YOU PRESENT? CAN YOU HEAR ME JR.
CAN YOU HEAR ME? THIS IS MELANIE.
WE'RE MISSING JOHN GREEN, EDGAR FERRERA, AND AN ITALIA SHEDDING LOOKS LIKE JOHN GREEN IS ONLINE NOW.
OKAY, MR. GREEN, IF YOU ARE HERE, COULD YOU SAY PRESENT? THANK YOU.
AND, UH, NATALIA SHUT-IN ARE YOU PRESENT? OKAY.
NOT HEARING FROM NATALIA PABLO ABILA ARE YOU PRESENT AND MR. VOGUE, I BELIEVE MR. CHIEF.
DID I MISS ANYONE? AND MY APOLOGIES IF I DID.
UH, SO TONIGHT THE COMMISSION WILL CONDUCT A HEARING FOR EACH CASE ON THE AGENDA.
THE COMMISSION WILL CONSIDER EIGHT CASES FROM FOUR DIFFERENT PROPERTIES.
THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.
HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER, IF IT IS APPROPRIATE, ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY.
SO IT IS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS.
UM, AND I WOULD JUST ADD TO THAT.
PLEASE MUTE YOUR MICROPHONE UNLESS YOU ARE SPEAKING.
THE COORDINATOR FOR THE COMMISSION IS MELANIE ALLEY, AUSTIN CODE INVESTIGATOR MARLENA, RIGHT? WE'LL CALL EACH CASE ON THE AGENDA.
UM, AND FOR THIS MEETING, BEFORE ANY OF THE CASES ARE CALLED, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO OFFER PUBLIC COMMENT ABOUT THE CASES ON THE AGENDA.
AND THEY WILL HAVE THREE MINUTES TO SPEAK.
AND WHEN EACH CASE IS CALLED, THE CHAIR WILL ASK IF THE OWNER AND OR REPRESENTATIVES OF THE PROPERTY ARE PRESENT ON THE LINE INVESTIGATOR, RIGHT, WILL PRESENT THE CITY'S EVIDENCE AND WITNESSES AFTER EACH CITY WITNESS TESTIFIES YOU OR YOUR ATTORNEY MAY ASK THE WITNESSES.
ANY QUESTIONS ABOUT THEIR TESTIMONY
[00:05:01]
AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES.YOU WILL HAVE AN OPPORTUNITY TO PRESENT YOUR WITNESSES AND EVIDENCE.
YOU WILL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.
WHEN THE TIMER INDICATES THAT YOUR TIME HAS EXPIRED, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.
AND OUR DESIGNATED TIMEKEEPER THIS EVENING WILL BE OUR CTM REPRESENTATIVE.
I BELIEVE AFTER YOU HAVE PRESENTED YOUR WITNESSES INVESTIGATOR, RIGHT, MAY ASK YOUR WITNESS QUESTIONS ABOUT THEIR TESTIMONY AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES.
THE COMMISSION MAY ASK QUESTIONS OF EITHER SIDE, BOTH SIDES, AND THE COMMISSION MAY ASK QUESTIONS OF ANY ADDITIONAL WITNESSES AFTER ALL OF THE EVIDENCE AND TESTIMONY IS CONCLUDED.
THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.
THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION BE MAILED TO YOU.
THE 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, IF YOU HAVE QUESTIONS ABOUT THIS PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED WITNESSES TESTIFY UNDER OATH.
SO ANY PERSON THAT WANTS TO PRESENT TESTIMONY IN ANY CASE BEFORE THE COMMISSION, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.
SO WE'RE GOING TO DO THIS A LITTLE BIT BACKWARDS TONIGHT.
AND THEN INSTEAD OF EVERYONE SAYING, I DO JUST, IF ANYONE OBJECTS, PLEASE STATE UNMUTE YOURSELF AND STATE.
SO, SO 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.
AGAIN, IF YOU DISAGREE, PLEASE UNMUTE YOURSELF AND LET US KNOW, OKAY.
UM, AND IF THERE'S NOTHING FURTHER, WE WILL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING.
SO, UM, INVESTIGATOR, RIGHT? YES.
IF YOU ARE READY, I AM TO PROCEED.
I JUST WANT TO REMIND EVERYONE THAT THERE IS NO CITIZENS COMMUNICATION ALLOWED AT THE VIRTUAL MEETINGS.
THIS APPLIES TO ALL THE BOARDS AND COMMISSIONS.
[Approval of Minutes]
TO THE CASES, CAN WE GO AHEAD AND APPROVE THE MEETING FROM LAST MONTH'S HEARING? OH YES.AT THIS TIME, I WOULD LIKE TO MOVE ON THE APPROVAL OF THE MINUTES OF THE MAY 27, 2020 MEETING.
A COPY OF THE MINUTES IS IN THE GOOGLE DOCS FOLDER.
SHOULD YOU NEED TO REVIEW THEM? OKAY.
WE'LL GIVE EVERYONE JUST A MINUTE TO MAKE SURE THAT THEY'VE TAKEN A LOOK AND AS CHAIR, I AM NOT ABLE TO MAKE A MOTION HERE, BUT IF SOMEONE ELSE WOULD LIKE TO ENTERTAIN A MOTION FOR APPROVAL OF THE MINUTES, PLEASE DO
MUTE YOURSELF, PRESS STAR SIX.
THE QUESTION WAS ON THE SPELLING OF YOUR NAME.
IS THAT CORRECT? COMMISSIONER ABILA OKAY.
IS IT SOMETHING THAT COULD BE ADDRESSED RIGHT HERE AND NOW I DON'T KNOW THAT WE'VE EVER TAKEN AN ISSUE WITH THE MINUTES.
NO, THAT WOULD BE A QUESTION FOR OUR COORDINATOR, MELANIE, ALLIE.
AND ALLOW ME TO MAKE THE CHECK IF YOU'LL APPROVE IT AND ALLOW ME TO MAKE THAT CHANGE.
WE CAN JUST BARELY HEAR YOU BARELY HEAR ME NOW.
CAN YOU HEAR ME IS MUCH BETTER.
SO IF YOUR NAME IS MISSPELLED, IF YOU WOULD APPROVE IT AND ALLOW ME TO MAKE THAT CHANGE, I WILL MAKE IT BEFORE I UPLOAD THE MINUTES.
[00:10:03]
OKAY.SO I THINK, I, I THINK WHAT I HEARD IS THAT IF WE GO AHEAD AND VOTE ON APPROVING IT, BUT KNOWING THAT THERE'LL BE THE CHANGE TO THE SPELLING OF MR. AVILA'S NAME.
I WILL MAKE THAT CHANGE IF THAT'S, IF Y'ALL ARE OKAY WITH THAT.
EVERYONE'S OKAY WITH ME MAKING THE CHANGE.
SO ALL IN FAVOR OF APPROVING THE MINUTES WITH THE ONE CHANGE PENDING TO MR. HIS NAME FOR THE MAY 27TH, 20, 20 REGULAR MEETING, I GUESS, WAVE, WAVE YOUR HANDS AND SAY AYE.
ANY OPPOSED? ANY OPPOSED? OKAY.
WE'LL CALL IT UNANIMOUS FOR THE COMMISSIONERS WHO ARE PRESENT.
AS I CHAIR, AS I MENTIONED BEFORE, WE DO NOT ALLOW ANY CITIZEN'S COMMUNICATION AT THE VIRTUAL MEETINGS.
HOWEVER, FOR THE VIRTUAL MEETINGS ONLY WE DO, WE DO ALLOW FOR PUBLIC COMMENT TO BE HEARD PRIOR TO THE CASES BY THAT I'M REFERRING TO ANY LEGALLY INTERESTED PARTIES WHO HAVE SIGNED UP TO SPEAK ON AN AGENDA ITEM AND ARE NOT A PROPERTY OWNER OR AN OWNER'S REPRESENTATIVE.
WE DO NOT HAVE ANYONE SIGNED UP FOR TONIGHT FOR PUBLIC COMMENTS, WITH YOUR PERMISSION.
I'D LIKE TO MOVE ON TO THE CASES ON THE AGENDA.
UM, AND PLEASE DO PROCEED WITH THE CASES.
THE FIRST CASE ON THE AGENDA IS
[Item 1]
CASE NUMBER SEAL 2020 ZERO FOUR ZERO EIGHT TWO NINE IS REGARDING THE PROPERTY LOCATED AT 53 15 AURORA DRIVE STAFF EXHIBIT EXHIBITS CAN BE FOUND IN THE PINK BOOK IN YOUR GOOGLE DRIVE FOLDER.THIS CASE IS REGARDING A PROPERTY WITH TWO PRIMARY RESIDENTIAL STRUCTURES AND IS NOT HOMESTEADED AT THIS HEARING.
WE ARE ONLY ADDRESSING THE REAR PRIMARY STRUCTURE.
THIS CASE IS ABOUT SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR IN YOUR READERS.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CANES THE COMPLAINT IN CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP IN MAP OF THE PROPERTY PROPERTY, IDENTIFYING THE REAR PRIMARY STRUCTURE, THE REQUIRED NOTICE OF VIOLATION NOTICES OF HEARING AND REQUIRED POSTINGS AND EXHIBIT TWO, WHICH CONSISTS OF COATS, PHOTOGRAPHS MARKED TWO WAY THROUGH TO F AND LASTLY CODES RECOMMENDED ORDER AUSTIN CODE INSPECTOR.
KENNETH NATAL IS CURRENTLY ASSIGNED TO THIS CASE INSPECTOR NETTLES HERE TONIGHT, AND WE'LL PRESENT THE PHOTOGRAPHS MARKED TWO EIGHT, THREE, TWO F, AND DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR NETTLE.
UH, GOOD EVENING COMMISSIONERS.
I'M AN INSPECTOR FOR AUSTIN CODE APARTMENTS.
THE PROPERTY BEING BROUGHT FOR YOU TODAY IS A RESIDENTIAL PROPERTY AT THREE 15 OR DRIVE.
IT IS ACTUALLY AN SF THREE, A RESIDENCE TO KEKE CAT OWNER IS ROGER SMITH.
AND THIS CASE WAS TRANSFERRED TO ME ON DECEMBER 18TH, 2019.
THE VIOLATIONS REMAINED THE SAME AND I'M TRYING TO ESCALATE THIS, UH, DUE TO THE, UH, VIOLATIONS.
I WILL NOW PRESENT MY PHOTOS AND DISCUSS VIOLATIONS PICTURES.
UM, UH, THE PROPERTY, THIS IS THE, UH, PRIMARY STRUCTURE NOW ON THE PROPERTY.
UM, THAT WAS, IT WAS A SINGLE AND IT GOT TRANSFERRED INTO A DUPLEX.
SO THE THIRD BUILDING THAT'S IN QUESTIONNAIRES IN VALLEJO IS ACTUALLY IN THE BACK.
IF YOU GO DOWN THE DRIVEWAY THERE, THAT CONCRETE DRIVEWAY, YOU CAN BARELY SEE THE HOUSE SO YOU CAN SEE IT FROM THE RIGHT-AWAY JUST NOT VERY GOOD, UH, PLEASED TO BE
THIS IS ANOTHER PICTURE OF THE PRIMARY STRUCTURE.
I JUST TOOK THE BACK OF IT TO SHOW THAT IT IS A DUPLEX AND IT IS WITHIN CODE AS A DUPLEX A TO SEE, PLEASE, THIS IS THE STRUCTURE THAT IS IN THE BACK, THAT IS IN VIOLATION.
UH, THIS STRUCTURE HERE, UH, HAS, UH, BROKEN WINDOWS, HAS NO PROTECTION, UH, ON DECIDING THE ROOF AS OSB, UH, ON IT.
YOU'LL SEE THAT IN ANOTHER PICTURE.
UH, THE CEILINGS COLLAPSING ON THE INSIDE, UH, THE WINDOWS ARE BROKE AND WE PLEASE MOVE TO NEXT SLIDE.
UH, IT'S VERY, UM, YOU CAN SEE DECIDING IS MISSING, UM, THE FACIA UP THERE'S ROTTING.
[00:15:02]
UM, AND WE PLEASE MOVE TO THE NEXT ONE.THIS IS THE OSB ON TOP OF THE ROOF ON THIS IS COVERING THE WHOLE, UM, THAT'S ON TOP.
IT'S CAUSING A LEAK THROUGHOUT THE STRUCTURE FOR THE INSIDE AND WATER DAMAGE.
THIS IS THE DANGEROUS CONDITION THAT WAS POSTED.
ALSO WITH THE NOTICE OF ALL ELECTION.
AGAIN, YOU CAN SEE THE WOOD ON THERE.
THERE IS NO, UH, PROTECTED, UH, ON THERE WHATSOEVER.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED IS TWO EIGHT THROUGH TWO F STAFF ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY.
PERMITS, REPAIR, ALL CITED VIOLATIONS TO THE REAR PRIMARY STRUCTURE WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $250 PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALLOW CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
IS THE, A SONG FROM THE RECORD THAT THE OWNER, AT SOME POINTS THAT THEY WERE LOOKING TO DEMOLISH THIS STRUCTURE, IS THAT RIGHT? YES.
MA'AM AS YOU SAID, THERE'S EITHER REPAIR OR THE MALL IS GIVEN
HAVE THEY BEEN ABLE TO GET ANY MORE INFORMATION ABOUT THAT THEY HAVE ON, I GAVE THEM INFORMATION, GALL DSD FOR HELP ON MARCH 25TH, 2014, THE GENTLEMEN IS CONCERNED ABOUT LOSING, UH, IT'S ALREADY A DUPLEX, SO HE PARENTS ARE, AND ONCE HE CARRIES THAT DOWN, HE'S NEVER GOING TO GET HIM OR HAVE THAT TRIPLEX ON THERE.
SO THAT'S WHY I BELIEVE THAT WE'RE STILL ON HIS PREDICTING.
ANY OTHER QUESTIONS FROM THE COMMISSION FOR THE CITY AND CITY INSPECTOR? THIS IS JOHN GREEN.
UM, I WAS CURIOUS, HAVE THERE BEEN ANY COMPLAINTS ABOUT THIS PROPERTY WITH, UH, UH, APD OR CODE, UH, PRIOR TO THIS, UH, FROM THE PUBLIC? NO, SIR.
UH, AND SINCE I'VE HAD HIS CASE TRANSFER ME, I'VE HAD NO COMPLAINTS FROM ANY OTHER CITIZENS, BUT THIS HAS BEEN GOING ON FOR TWO AND A HALF YEARS.
IT WAS TRANSFERRED TO ME DECEMBER 18TH, 2019.
AND I DO NOT SEE ANYTHING THE CASE FILE JAN, SINCE THEN, I HAVEN'T HAD ANY ISSUES WITH CITIZENS.
UM, TWO UNITS, THERE'S A DUPLEX ON THE FRONT AND A UNIT ON THE BACK.
DOES THE ZONING CURRENTLY ALLOW FOR A THIRD UNIT? YOU SAID THAT THE OWNER IS CONCERNED.
HE WOULDN'T BE ABLE TO HAVE A THIRD UNIT.
IS IT LEGAL FOR HIM TO HAVE A THIRD UNIT NOW? NO, NO.
MA'AM THE ONLY THING HE CAN DO IS ASK FOR AN AMNESTY CERTIFICATION OF OCCUPANCY AND I DON'T SEE HOW THAT'S GOING TO BE POSSIBLE.
UH, BUT RIGHT NOW, UH, THE ONLY CHOICE I BELIEVE HE HAS IS TURN IT DOWN.
BUT, UH, THAT'S WHERE WE'RE AT RIGHT NOW.
NOT UNLESS HE CHANGES THE FIRST UNIT INTO A SINGLE FAMILY FROM A DUPLEX.
SO IF HE WAS TO REPAIR THIS, IT WOULD BE ILLEGAL FOR SOMEONE TO OCCUPY IT UNLESS HE WAS ABLE TO, UM, GET AMNESTY.
MA'AM OR CHANGED THE FIRST UNIT IN THE PRODUCT, THE PRIMARY RIGHT NOW TO A SINGLE FAMILY.
AND THERE'S NO ONE LIVING IN THIS UNIT.
[00:20:06]
OKAY.SO I BELIEVE WE HAVE A REPRESENTATIVE FROM THE PROPERTY ON THE LINE.
DO WE HAVE A CAROLINE TRIMARCO
YES, THIS IS CHRISTIE TRIMARCO AND I'M NOT HEARING ANYTHING I'M CONCERNED.
WE CAN HEAR YOU, BUT CAN YOU, ARE YOU NOT ABLE TO UNMUTE IT? WE, WE ARE ABLE TO HEAR YOU NOW.
IF YOU CAN HEAR US AND YOU WOULD LIKE TO GO AHEAD AND PROCEED WITH YOUR WHAT'S YOUR, CAN YOU HEAR ME NOW? IT'D BE GREAT.
CAN YOU HEAR ME? YES, I CAN HEAR YOU.
HELLO? ARE YOU STILL THERE? YEAH.
WOULD YOU LIKE TO GO AHEAD AND SEE, WE CAN HEAR YOU NOW.
THAT WAS A VERY, VERY SCARY MOMENT THERE.
ANYWAY, MY OWNER, THE OWNER OF THIS PROPERTY WAS UNABLE TO ATTEND, UNFORTUNATELY BECAUSE HE'S IN A FAMILY COURT MEETING AND CO UM, CALIFORNIA.
AND, UM, IT'S BECAUSE OF CALIFORNIA TIME, HE'S IN THAT MEETING RIGHT NOW.
UM, HE REALLY WISHES THIS COULD BE POSTPONED, BUT I'M GOING TO SPEAK FOR HIM TO THE BEST OF MY KNOWLEDGE, UM, BECAUSE HE CAN'T BE HERE.
THE, WHEN HE PURCHASED THIS PROPERTY AND I DON'T HAVE THE DATES IN FRONT OF ME WHEN HE PURCHASED THIS PROPERTY, IT WAS, UM, THEY ASKED, HE WAS TOLD HE HAD TO PUT THE OUTSIDE STAIRS ON, UM, TO THE BACK OF THE, THE FRONT HOUSE.
A FEW YEARS AGO, WE HAD TO TAKE, UH, TO DEAL WITH, UM, THE TRIPLEXES ISSUE IN THE FRONT UNIT.
WE WENT THROUGH CODE ENFORCEMENT AND MADE IT ONE UNIT, NOT A DUPLEX.
THEY HAD HAD US CLOSE OFF THE INTERIOR, YOUR STAIRS, THE INTERIOR STAIRS ARE NOW OPEN AND THE BACKSTAIRS ARE SUPPOSED TO ONLY BE A FIRE EXIT.
AND THE OWNER REALLY JUST WANTS TO FIX THE THING THAT HE CANNOT, HE'S TRIED VERY HARD TO GET A PERMIT.
HE HASN'T BEEN ABLE TO GET A PERMIT AS A TRIPLEX.
YOU KNOW, THE ONE UNIT IT'S GOT, UH, UH, UPSTAIRS BED, BASICALLY A MASTER SUITE WITH A LITTLE KITCHENETTE UP THERE AND WE'RE OPERATING IT AS A SINGLE UNIT.
THEY SHARE SOME UTILITIES, THEY SHARE UTILITY ROOM
HE HAS HE'S READY, WILLING, AND ABLE TO FIX THE UNIT.
HE HAS, THEY CONTRACT THEY'RE ONBOARD TO DO IT.
HE HAS AN ARCHITECT HAS DRAWN UP PLANS.
HE REALLY DOES NOT WANT TO TEAR IT DOWN.
UM, HE REALLY JUST WANTS TO FIX IT UP.
AND IT'S BEEN TRYING TO DO THIS FOR MANY YEARS THAT WE'VE BEEN HAVING THIS ISSUE.
UM, SO DOES THAT, DOES THAT CONCLUDE YOUR, I, YOU KNOW, UNFORTUNATELY, YOU KNOW, I ONLY KNOW I'M THE PROPERTY MANAGER FOR THE FRONT UNIT.
I'M NOT PRIVY TO A LOT OF HIS, UM, DEALINGS WITH THE CITY AND TRYING TO GET A PERMIT, BUT I KNOW HE SAYS THAT HE HAS TRIED TO GET A PERMIT
[00:25:01]
AND THAT HIS CONTRACTOR HAS TRIED TO GET A PERMIT.AND WE'RE REALLY JUST KIND OF DUMBFOUNDED BECAUSE WE WENT THROUGH THIS, GOSH, IT HAS TO BEEN LIKE AT LEAST SIX YEARS AGO WHERE WE WENT WITH, UH, CODE ENFORCEMENT ENFORCEMENT, DUPLEX, THE FRONT UNIT.
SO
UM, I HAVE A QUESTION BEFORE I OPEN THIS UP TO THE OTHER COMMISSIONERS.
START FROM THE OWNER'S PERSPECTIVE.
THE OWNER IS WILLING TO REPAIR THAT THE UNIT THAT'S IN THE BACK, THE FRONT UNIT HAS ALREADY BEEN AN UNDIVIDED AND IT IS JUST A SINGLE DWELLING UNIT.
THERE IS AN INTERIOR STAIRWAYS, OBVIOUSLY THAT THERE'S AN ENTRANCE ON THE SIDE AND IT GOES UP THAT IS THE ENTRANCE.
THE, UH, TENANT HAS BEEN TOLD TO USE.
OF COURSE I CAN'T RELATE, BUT TENANT IN THAT UPSTAIRS BEDROOM, BUT WE'RE OPERATING IT AS A SINGLE UNIT.
NOW HAS, HAS THE OWNER TRIED TO GET, AND I'M SORRY IF THIS WAS ALREADY COVERED, BUT THE OWNER HAS TRIED TO GET A PERMIT TO REPAIR THE STRUCTURE IN THE BACK, BUT IS UNABLE TO, IS THAT WHAT I HEARD THAT IS, THAT IS WHAT HE HAS TOLD ME.
AND
NOW HE'D LIKE TO PUT IT A TRIPLEX, IF THAT'S POSSIBLE THAT HE'S MORE THAN TO KEEP IT AS A DUPLEX WITH THAT ONE FRONT UNIT BEING OPERATED AS A SINGLE RESIDENCE.
SO FOR THIS COMMISSION, I DON'T BELIEVE THAT WE CAN ADDRESS THE QUESTION OF THIS BEING A TRIPLEX VERSUS A DUPLEX.
THAT'S GOING TO BE, YOU KNOW, ZONING, LAND DEVELOPMENT CODE ISSUE.
UM, BUT WE, WE CAN ADDRESS THE QUESTION OF COURSE, OF WHETHER OR NOT THE STRUCTURE IN THE BACK NEEDS TO BE REPAIRED.
THERE'S ABSOLUTELY NO QUESTION THAT HAS TO BE THE OWNER PUT INTENSIVE RENOVATIONS INTO THE FRONT HOUSE.
OBVIOUSLY IT WAS OLDER, IT WAS A RENTED HOUSE.
HE SPENT A FORTUNE GETTING THE FIRST, THE FRONT HOUSE DONE REALLY WELL.
HE WANTS TO DO THE SAME WITH THE BACK HOUSE AND HAS BEEN TRYING TO DO THAT FOR SOME TIME, BUT WITHOUT A PERMIT, THERE'S REALLY NOTHING HE CAN DO.
I JUST WANT TO, UH, UH, REMIND THE COMMISSION THAT, UH, NO PERMITS HAVE BEEN APPLIED FOR, FOR THE REAR STRUCTURE TO THE DSD OR PLANNING DEPARTMENT ABOUT REZONING OR REPAIRING ANYTHING TO DO WITH THAT BACK STRUCTURE.
I HAVE ONE MORE QUESTION FOR THE PROPERTY MANAGER.
UM, SO IF PERMITS ARE ABLE TO BE SECURED, HAS THE OWNER GIVEN ANY INDICATION OF HOW LONG IT WOULD TAKE TO REPAIR THE STRUCTURE? DOES HE HAVE A SCHEDULE OR HAS HE TALKED TO CONTRACTORS? LARRY, HE HAS ALREADY GOT A CONTRACTOR.
HE TOLD ME HE HAD APPLIED FOR A PERMIT AND I'M NOT SURE WHAT THE ISSUE IS WITH THE PERMIT AND WHY IT STARTS SHOWING UP AS A PERMIT.
OH, BECAUSE, WELL, I DON'T KNOW.
I CAN'T ANSWER TO THAT, BUT TO THE BEST OF MY KNOWLEDGE, HE HAS A CONTRACTOR READY TO GO.
HE'S ALREADY HAD AN ARCHITECT, LOOKS AT IT.
THERE'S ISSUE WITH DRAINAGE BACK THERE.
SO THEY HAVE TO ACCOMMODATE FOR THAT SOMEHOW.
BUT HE'S ALREADY PUT WORK INTO THAT NOW WHETHER THOSE CONTRACTORS HAVE OTHER PEOPLE THAT, YOU KNOW, OBVIOUSLY IT'S A JOB THEY CAN'T DO.
THEY'RE GOING TO GO ON AND DO OTHER JOBS.
BUT IT'S MY BELIEF THAT HE IS READY, WILLING, AND ABLE TO DO THE WORK ON THE BACK UNIT.
THANK YOU, MR. MARCO, UM, FELLOW COMMISSIONERS.
DO YOU HAVE QUESTIONS FOR MR. MARCO?
MA'AM UM, THIS, UH, PARTICULAR, UH, UH, EFFORT WITH CODE HAS BEEN GONE FOR TWO AND A HALF YEARS.
DO YOU HAVE ANY INSIGHT INTO WHY THE, UH, OWNER HASN'T ADDRESSED THE ISSUE UP UNTIL NOW? OKAY.
TO MY KNOWLEDGE, HE HAS THAT HE'S BEEN TRYING TO GET, HE WANTED TO REPAIR IT AT THE SAME TIME, AND THIS IS THE FIRST HOUSE WAS DONE, BUT DONE, BUT HE GOT THE CONTRACTOR WHO DID THE FIRST HOUSE FAILED BEFORE FINISHING.
AND HE, WHAT HE'S TOLD ME, WHICH IS THE BEST I CAN GIVE YOU IS THAT HE'S BEEN TRYING TO GET PERMITS TO DO IT.
[00:30:01]
UH, UH, REQUEST FOR A PERMIT FOR THIS PART OF THE PROPERTY.THE ONLY PERMIT WE HAVE ON RECORD IS A BUILDING PERMIT THAT WAS OBTAINED FOR THE FRONT STRUCTURE IN 2013 TO REPLACE THE EXISTING WINDOWS.
THE LAST PERMIT ON RECORD WOULD HAVE BEEN FOR THE FRONT HOUSE FOR A PLUMBING PROPENT BACK IN 2000.
SO IF THE OWNER IS UNABLE TO PULL A PERMIT, BECAUSE THIS IS A NONCONFORMING STRUCTURE, WOULD THAT EVEN SHOW UP? I MEAN, IF THEY'VE BEEN TRYING TO WORK THROUGH THAT ISSUE THROUGH, THROUGH ZONING AND YES, YES.
A PR WOULD HAVE SHOWN UP UNDER THAT ADDRESS FOR ANYTHING THAT WAS SUBMITTED FOR THAT PROPERTY.
GO AHEAD, COMMISSIONER MULLIN.
WOULD IT BE POSSIBLE TO SEE IF THE OWNER HAD GONE TO THE BOARD OF ADJUSTMENT TO TRY AND A FEEL OR THE ZONING GET PERMISSION TO USE, TO HAVE A TRIFLEX ON THE PROPERTY?
I THINK THAT THAT WOULD BE A LITTLE BIT MORE OF AN EXTENSIVE SEARCH, BUT THAT'S SOMETHING THAT WE CAN DEFINITELY LOOK AT.
IT SEEMS LIKE THIS WOULD BE ON THE OWNER TO SHOW US THAT INFORMATION, BUT I'M JUST WONDERING IF THAT'S ALSO SOMETHING THAT WOULD SHOW UP BACK THERE, CLAIM ABOUT THAT.
NO, AS FAR AS MY UNDERSTANDING WITH THE WAY THE BOARD OF ADJUSTMENTS WOULD RUN IS I THINK THAT THEY WOULD HAVE TO SUBMIT SOMETHING INTO THE SYSTEM AND THIS, IT WOULD, IT WOULD CREATE A NOTICE THAT SOMETHING IS TRYING TO HAPPEN AT A PROPERTY THAT IS NOT ZONED FOR THAT.
AND THEY WOULD HAVE TO GO IF THEY WANTED THROUGH, THROUGH THE BOARD OF ADJUSTMENTS TO GET ANY, ANY CHANGE DONE.
BUT AS FAR AS OUR RECORDS SHOWN, NOTHING HAS BEEN TURNED IN EVEN FOR THE BACKHOUSE.
WOULD ANYONE LIKE TO CRAFT A MOTION?
I'LL GO AHEAD AND MAKE A MOTION TO ADOPT THE STAFF FINDINGS OF FACT, I CONCLUSIONS A WALL AND PROPOSED ORDER
UM, LET'S JUST, LET'S JUST A QUICK NOTE.
UH, BRANDON CARR ASSISTANT CITY ATTORNEY.
I JUST, I DON'T REMEMBER IF I HEARD THAT WE ADMITTED EXHIBITS OR NOT, AND THEY HAD MISSED THAT WHERE YOU, WHERE YOU HAVE NOT NEVER, NO PROBLEM.
UM, I'LL GO AHEAD AND ADMIT EXHIBITS.
EXHIBITS EXHIBIT ONE AND EXHIBITS TWO THROUGH TO F THANK YOU.
THOUGHTS, DISCUSSION ON THE MOTION.
SO THE MOTION IS TO GO AHEAD AND ADOPT THE RECOMMENDED ORDER.
I WILL GO AHEAD AND CALL THE QUESTION ALL IN FAVOR OF ADOPTING THESE STAFF'S RECOMMENDED ORDER.
UH, ACTUALLY, MR. CHI, WOULD YOU LIKE ME TO REPEAT THAT OR IS IT OKAY SINCE IT'S, WE'RE JUST PROPOSING TO GO WITH WHAT STAFF HAS RECOMMENDED, IF YOU CAN JUST REPEAT IT JUST SO THE REPRESENTATIVE WOULD UNDERSTAND WHAT THE MOTION IS.
SO THE MOTION IS TO GO AHEAD AND ADOPT STAFF'S RECOMMENDED ORDER, WHICH IS TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS, TO REPAIR ALL CITED VIOLATIONS TO THE REAR PRIMARY STRUCTURE WITHIN 45 DAYS FROM THE DATE THAT THE ORDER IS MAILED AND TO REQUEST INSPECTION FROM AUSTIN CODE TO VERIFY COMPLIANCE AND ON THE 46TH DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSOCIATE CIVIL PENALTY OF $250 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS ACQUIRED BY THIS ORDER ARE COMPLETE AND INTERNATIONAL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF THE ASSESSMENT UNTIL PAID IN FULL
[00:35:01]
FAVOR, RAISE YOUR HAND AND SAY, AYE.IT WAS A UNANIMOUS VOTE FOR ALL COMMISSIONERS PRESENT.
SO THE ORDER, WHAT WE'VE JUST STATED TONIGHT WILL BE MAILED TO YOU AND THE OWNER.
[Item 2]
INVESTIGATOR RIGHT.WOULD YOU LIKE TO GO AHEAD AND PROCEED WITH CASE NUMBER TWO? YES.
THE NEXT THREE CASES ON THE AGENDA LISTED ITEM LISTED UNDER ITEM.
NUMBER TWO ARE ALL REGARDING THE COMMERCIAL PROPERTY LOCATED AT 1500 ROYAL CREST DRIVE, ALSO KNOWN AS THE ELEMENT AUSTIN APARTMENTS.
AT THIS HEARING, WE ARE ADDRESSING BUILDING SIX, THE LANDING AND RETAINING WALL, AS WELL AS THE RETAINING WALLS FOR BUILDINGS NINE AND 10, THE STAFF EXHIBITS FOR THESE CASES CAN BE FOUND IN THE PURPLE BOOKS IN YOUR GOOGLE DRIVE FOLDER.
THE CASE NUMBERS ARE AS FOLLOWS
THESE CASES ARE ALL REGARDING SUBSTANDARD, AS WELL AS SOME UNSAFE CONDITIONS THAT REQUIRE REPAIR.
PLEASE KNOW THAT THIS PROPERTY IS CURRENTLY REGISTERED WITH THE REPEAT OFFENDER PROGRAM IN YOUR READERS.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE, THREE AND FIVE, WHICH CONTAINED THE COMPLAINTS AND CASE HISTORIES, COPIES OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP STRUCTURAL MAP OF THE PROPERTY IDENTIFYING BUILDING SIX, NINE, AND 10, THE NOTICES OF VIOLATION NOTICES OF HEARING IN THE POSTINGS AND ENGINEER'S REPORT AND EXHIBITS TWO WAY THROUGH TO L FOUR EIGHT THREE FOUR D SIX EIGHT THREE SIX C, WHICH CONSISTS OF PHOTOS FOR EACH OF THE CASES REPRESENTED AS WELL AS CODES RECOMMENDED ORDERS.
CODE INVESTIGATOR, JASON ORTIZ IS ASSIGNED TO THIS CASE.
INSPECTOR ORTIZ WILL NOW PRESENT PHOTOGRAPHS MARKED AS TWO WAY THROUGH TO EL RAY THROUGH FOUR D SIX, EIGHT THROUGH SIX C, AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOGRAPHS INSPECTOR INVESTIGATOR OR TEASE.
MY NAME IS JASON ORTIZ AND I AM THE INSPECTOR ASSIGNED TO THIS CASE.
1500 ROYAL CREST DRIVE IS A MULTIFAMILY COMMERCIAL PROPERTY THAT CONSISTS OF 10 OCCUPIED BUILDINGS AND A LEASING OFFICE PROPERTY WAS BUILT IN 1972.
AND THE CURRENT OWNER IS PHOEBE AUSTIN LP.
THE PROPERTY IS CURRENTLY ON THE REPEAT OFFENDER PROGRAM AND IT HASN'T BEEN SINCE 2014.
THE FOLLOWING THREE CASES ARE IN REFERENCE TO THE RETAINING WALLS AROUND BUILDING SIX, NINE, AND 10.
THE LANDING FOR BUILDING SIX HAS REPAIRED AT THIS TIME.
THESE CASES REMAIN OPEN FROM THE REPEAT OFFENDER PERIODIC INSPECTION THAT WAS PERFORMED IN SEPTEMBER OF 2018 BY INSPECTOR ROBERT ORTIZ AND IRMA YBARRA.
NEXT, I WILL PRESENT THE PHOTOS THAT DEPICT THE CONDITIONS OF THE VIOLATIONS ON EACH BUILDING.
IS THIS A CONTEXTUAL VIEW OF THE PROPERTY ITSELF IDENTIFYING THE ELEMENT
THIS IS A CONTEXTUAL VIEW OF BUILDING SIX, UH, ON TOP OF THE RETAINING WALL IN QUESTION EXHIBIT TWO C, THIS IS THE EAST OF THE RETAINING WALL.
IN QUESTION, THIS PARTICULAR RETAINING WALL IS OVER 200 FEET IN LENGTH AND STRETCHES THE ENTIRE LENGTH OF THE BUILDING THREE C OR A TWO D I'M SORRY.
UH, THIS IS AN ADDITIONAL SECTION OF THE RETAINING WALL THAT IS CRACKED, UH, NEXT TO THE STAIRWAY ON THE EAST END OF THE BUILDING TO EAT.
UH, THIS IS FURTHER DOWN ON THE RETAINING WALL, WHICH SHOWS THE COLLAPSING OF THE, UH, THE ROCKS AND THE RAILROAD TIES ON TOP SECTION TO EXHIBIT TWO F THIS IS ANOTHER SECTION OF THE RETAINING WALLS SHOWING THE ROCKS COLLAPSING UNDER THE RAILROAD TIE.
IT SHOWS THE BASE OF THE RETAINING WALL, WHICH SHOWS A LARGE CRACKS AND THE, UH, SEPARATION OF THE ROCKS.
THIS IS AN ADDITIONAL SECTION ON THE RETAINING WALL UNDERNEATH THE TREE
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THAT, UH, IS ON THE WEST END OF THE BUILDING SHOWING LARGE CRACKS AND SEPARATION.THIS IS A VIEW OF THE WALL BEHIND THE STAIRWAY ON THE WEST END OF THE BUILDING.
SO ON LARGE CRACKS IS ADDITIONAL SEPARATION TO JAY, TO J K AND L ALSO SHOW THE WEST PENN OF THE RETAINING WALL SHOWING ADDITIONAL, ADDITIONAL COLLAPSING AND SEPARATION.
THAT CONCLUDES THE PHOTOS FOR BUILDING SIX.
I WILL NOW SHOW THE PHOTOS FOR BUILDING NINE
EXHIBIT FOUR IS JUST A CONTEXTUAL VIEW OF BUILDING NINE, UH, ON TOP OF THE RETAINING WALL, IN QUESTION FOR B, THIS IS A VIEW FROM THE BOTTOM OF THE RETAINING WALL IN FRONT OF THE UNIT, SHOWING THE COLLAPSING, A RETAINING WALL AND ALL THE DEBRIS AND MUD THAT HAS ACCUMULATED FROM IT FOR C.
THIS IS A VIEW FROM THE TOP OF THAT SAME RETAINING WALL.
SO ON THE, UH, THE MUD THAT HAS, UM, COLLECTED IN FRONT OF THE UNIT AND ON THE SIDES OR D THIS IS THE ON THE NORTH END OF THE RETAINING WALL, THE SAME RETAINING WALL ON THE OTHER END OF THE BUILDING SHOWING ADDITIONAL LARGE CRACKS A SEPARATION.
NEXT PHOTOS WILL BE 10 EXHIBIT SIX, EIGHT IS A CONTEXTUAL VIEW OF BUILDING TENT FROM THE TOP OF THE RETAINING WALL SIX FEET.
IT'S ADDITIONAL VIEW FROM THE TOP OF THE RETAINING WALL, LOOKING DOWN, SHOWING THE COLLAPSING RETAINING WALL QUESTION FOUR D THIS IS A VIEW FROM THE BOTTOM OF THE RETAINING WALL IN FRONT OF THE UNITS, WHERE YOU CAN SEE THE BULGING AND COLLAPSING AND SEPARATION OF THE ROCKS.
AND THAT WILL CONCLUDE MY PRESENTATION AND I'M OPEN FOR ANY QUESTIONS.
THANK YOU, JASON, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THIS STRUCTURE, THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE WAS SUBSTANDARD AND UNSAFE CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE, THREE AND FIVE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS.
AND THE PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO L FOUR 83, FOUR D AND SIX THROUGH SIX C ALSO CHAIR THE LANGUAGE IN THAT RECOMMENDED ORDERS FOR BUILDING SIX, NINE, AND 10 ARE ALL IDENTICAL.
IF IT MEETS WITH YOUR APPROVAL, I WOULD LIKE TO READ ONE REPRESENTATIVE ORDER FOR ALL THREE BUILDINGS.
THIS WOULD BE WITH THE UNDERSTANDING THAT THE RECOMMENDATIONS WOULD APPLY INDIVIDUALLY IN EACH CASE.
STAFF REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THESE CASES.
AND IN EACH CASE ORDER THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL CITED VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY, BUT THOUSAND DOLLARS PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIALS DETERMINED THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTRA SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
UH, DOES DO ANY COMMISSIONERS HAVE QUESTIONS FOR CITY STAFF AT THIS MOMENT, JOHN GREEN, AGAIN, GO AHEAD.
COMMISSIONER GREEN, A STAFF UNDERSTAND THAT THIS FIRST NOTICE OF VIOLATION SEPTEMBER OF 2018, THAT IS CORRECT.
IT WAS FROM THE PERIODIC INSPECTION TO REPEAT A FENDER PERIODIC INSPECTION AT THAT TIME, AS FAR AS YOU'RE AWARE, THIS GROUP OF OWNERS UNDERSTOOD THAT THIS WAS IN THE REPEAT OFFENDER PROGRAM.
I'M JUST, POVERTY HAS BEEN IN THE PROGRAM SINCE 2014.
GO AHEAD, COMMISSIONER MILLER.
SO THIS PROPERTY HAS BEEN IN THE REPEAT OFFENDER PROGRAMS SINCE
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2014 AND HAVE FINES BEEN ASSESSED ON IT PREVIOUSLYUM, I DON'T HAVE THAT INFORMATION READILY AVAILABLE AT THIS TIME.
WHERE DO YOU, I HAVE A QUESTION.
DO WE KNOW WHO THE OWNERS ARE OF THIS? ARE, IS IT THE ONE THAT IS KIND OF, THEY KIND OF HIDE BEHIND SHELL NAMES AND SO ON.
I WOULD LIKE TO KNOW IF WE KNOW WHO THE OWNERS ARE AND IF WE COULD DEAL DIRECTLY WITH THE OWNERS, RATHER THAN THROUGH LAYERS OF NAMES, PERHAPS WE COULD GET SOMETHING DONE BETTER.
SO THERE IS A LIMITED PARTNERSHIP THAT IS, UH, IN CHARGE OF THIS PROPERTY.
I DO NOT KNOW ANY PARTICULAR NAMES OF THE OWNERS OF THE TIME.
SO WE DON'T KNOW WHO OWNS CV LP AND THE ONE ABOVE THAT, THE ONE ABOVE THAT AND THE ONE ABOVE THAT.
AND I KNOW THAT'S NOT YOUR RESPONSIBILITY, BUT WOULDN'T IT BE NICE IF WE REALLY KNEW WHO OWNED IT?
WELL THAT WAS ALL I HAVE TO THANK YOU VERY MUCH, SIR.
UM, WE DO HAVE A COUPLE OF PEOPLE ON THE LINE TO REPRESENT THE PROPERTY.
I'M NOT SURE WHICH ORDER YOU WOULD LIKE TO GO IN, BUT I HAVE A CASSANDRA SHAN BOMB AND I HAVE A JJ BAILEY
HELLO? CAN YOU HEAR ME? YES, I CAN.
COULD YOU ACTUALLY GET, I SHOULD ASK THIS, THIS WITH EVERYONE, YOU STATE YOUR FULL NAME FOR THE RECORD AND YOUR RELATION TO THE PROPERTY.
UM, MY NAME IS CASSANDRA SHANGAAN AND I'M AN ATTORNEY FOR THE ELEMENT APARTMENTS ALSO ON THE LINE IS JJ BAILEY.
WHO'S THE REGIONAL DIRECTOR OF ELEMENTS MANAGEMENT COMPANY.
SO THE MATERIALS WE'VE PROVIDED FOR YOU TODAY ARE AN EIGHT PAGE HANDOUT DISCUSSING THE PROPERTY, THE VIOLATIONS AND THE REMEDIATION EFFORTS.
UM, WE ALSO PROVIDED YOU WITH THE REMEDIATION CONSTRUCTION CONTRACT AND THE ENGINEERING REPORT, WHICH WERE OBTAINED IN 2019, UM, IN THE INTEREST OF THE THREE MINUTE TIME LIMIT, I'M GOING TO SKIP TO PAGE FIVE OF THE EIGHT PAGE HANDOUT, WHICH DISCUSSES THE REMEDIATION EFFORTS.
I'M SURE THAT THAT'S THE MOST IMPORTANT TO YOU.
UM, SO IF YOU HAVE THAT HANDOUT PAGE FIVE, UM, IT HAS THE HEADER REMEDIATION PART ONE.
AND SO THERE'S THREE PAGES HERE DISCUSSING MONTH BY MONTH, WHAT THE REMEDIATION EFFORTS WERE, UM, ELEMENT AND HAS BEEN DILIGENTLY WORKING TO REMEDIATE THESE VIOLATIONS, BUT IT HAS BEEN A LENGTHY PROCESS, UM, AT FIRST TO GO AND IT'S SEVERAL MONTHS TO FIND AN ADEQUATE AND RESPONSE AND ENGINEER THAT WAS FOLLOWED BY A FULL YEAR OF OBTAINING PERMITS AND MEETING OTHER CITY REQUIREMENTS.
THOSE ARE MOSTLY RELATED TO LANDSCAPING AND TREE ORDINANCES THAT WERE AFFECTED BY THE CONSTRUCTION.
UM, AS THEY MENTIONED BEFORE, PAGES FIVE THROUGH SEVEN, EXPLAINING THE STEP BY STEP PROCESS BY MONTH, THAT ELEMENT WENT THROUGH SINCE THAT RECEIVED THE VIOLATION, WHICH I BELIEVE WAS ACTUALLY AN OCTOBER OF 2018.
UM, AT THIS TIME ELEMENT HAS RECEIVED ALL NECESSARY PREMISES, CITY REQUIREMENTS.
UM, IT OBTAINED THE LAST PERMIT FOR TREE REMOVAL AND JUNE EARLIER IN JUNE.
UM, THE TREE STUMPS THAT ARE AN ISSUE ARE GOING TO BE REMOVED AND CONSTRUCTION IS SET TO BEGIN IN EARLY JULY.
THE CONTRACTOR ANTICIPATES IT'S GOING TO TAKE ABOUT THREE MONTHS TO COMPLETE THE CONSTRUCTION, UM, AND BECAUSE OF THE COVID SITUATION AMONG OTHER UNCERTAINTIES ELEMENT IS ASKING TO HAVE UNTIL THE END OF OCTOBER TO RECONSTRUCT THE RETAINING WALLS, AS OPPOSED TO THE 45 DAY, UM, TIME.
UM, IF YOU CAN SEE, UM, THOSE PAGES FIVE THROUGH SEVEN, THEY HAD TO SUBMIT MULTIPLE SITE PLANS, WHICH THEY WENT BACK AND FORTH WITH THE CITY ON.
UM, THEY HAD TO SUBMIT MULTIPLE
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APPLICATIONS RELATED TO THE TREES AND THE LANDSCAPING.THEY HAD TO MEET WITH AUSTIN ENERGY.
THEY HAD TO MEET WITH THE CITY ARBORIST.
UM, THEY HAD TO GET ALL SORTS OF PERMITS RELATED TO THOSE.
THEY HAD TO GET, LIKE I SAID BEFORE, DIFFERENT SIZED PLANS AND EXEMPTIONS ON A COUPLE DIFFERENT OCCASIONS.
UM, AND THEY ALSO HAD TO DEAL WITH A COUPLE OF DIFFERENT ENGINEERS.
UM, ELEMENT REALLY DOES WANT TO GET THIS DONE AND BEHIND THEM, THEY'RE COMMITTED TO BEGINNING TO WORK WITH THEIR CONTRACTORS AND GETTING EVERYTHING DONE.
UM,
UM, THEY REALLY DO WANT TO MAKE A SAFE ENVIRONMENT AND KEEP THINGS SAFE OVER THERE.
UM, ACTUALLY, WHILE WE'RE WAITING, I'LL GO AHEAD AND ADMIT EXHIBITS STAFF EXHIBITS ONE, TWO EIGHT THROUGH TWO L THREE, FOUR EIGHT THROUGH 45, SIX, EIGHT THROUGH SIX C.
AND THEN I'LL GO AHEAD AND ADMIT THE OWNER'S EXHIBIT.
UM, I GUESS WE'LL CALL IT OWNERS EXHIBIT NUMBER ONE.
AND THANK YOU FOR PROVIDING THIS BY THE WAY.
I DON'T THINK I HAVE THE HONOR IN MY READER.
UM, IT SHOULD BE ON YOUR READER.
IT'S NOTED AS 1500 ROYAL CREST DRIVE DOCUMENTS SUBMITTED BY PROPERTY OWNER.
THANK YOU FOR BRINGING THAT TO OUR ATTENTION.
LET ME KNOW IF YOU ARE UNABLE TO FIND IT.
AND IT SOUNDS LIKE WE NEED TO GIVE EVERYONE A COUPLE OF MINUTES TO READ THROUGH IT.
I WAS REFERRING TO HER PAGES FIVE THROUGH SEVEN THAT'S THE BEST THE MONTH BY MONTH REMEDIATION EFFORTS.
THANK YOU, MS. SHAMBA, HAVE YOU HEARD ANYTHING FROM JJ BAILEY? UM, I HAVEN'T.
I WAS TALKING TO HER RIGHT UP UNTIL SEVEN 15.
THIS IS JAMES CONDOLENCE WITH AUSTRIAN CODE MUST BE ON THE LINE KINDLY.
SO JUST, UM, I'M GOING TO REMIND HER TO, IS IT STAR SIX, I BELIEVE TO UNMUTE YOURSELF? YES.
AND ALSO EXHIBITS, I BELIEVE YOUR HONOR SUBMITTED TWO DOCUMENTS, EXHIBIT ONE, EXHIBIT TWO.
THE CHAIR WILL ADMIT OWNERS EXHIBITS ONE.
THIS IS THE CHAIR, ANDREA FRYBERGER.
IF YOU HAVE ANYTHING TO ADD, PLEASE GO AHEAD.
UM, DO YOU HAVE ANY ADDITIONAL QUESTIONS FROM THE TIMELINE
UM, THANK YOU, UH, COMMISSIONERS, NOW THAT YOU'VE HAD A MINUTE TO LOOK THROUGH THIS, ARE THERE ANY QUESTIONS FOR THE, FOR THE PROPERTY REPRESENTATIVES
UM, SO REAL QUICK, UM, THAT, UH, TO FIX THIS AND IT'S DATED 26, AUGUST, 2019.
AND I'M TRYING TO UNDERSTAND WHY WE'RE NOW BEING ASKED TO, UH, EXTEND THIS OUT TO OCTOBER 31ST, 2020
[00:55:02]
UH, YES.IF YOU LOOK AT THE TIMELINE, UM, THAT WE HAVE, WHERE THEY OBTAIN THE BIDS AND THE CONTRACT IN AUGUST, 2019 ON PAGE FIVE, AFTER THAT, THEY HAD TO SUBMIT A CONTRACTOR SITE PLAN IN SEPTEMBER THAT WAS DENIED BY THE CITY BECAUSE OF LANDSCAPING AND TREES ISSUES.
IN OCTOBER, 2019, THEY SUBMITTED A TREE ORDINANCE APPLICATION, WHICH WAS DENIED LATER IN OCTOBER, THEY HAD TO GET A LANDSCAPE ENGINEER AND SO ON AND SO FORTH.
YOU'LL SEE ON PAGES FIVE, SIX, AND SEVEN, LEADING UP TO THE PRESENT DAY ON EVERYTHING THAT THEY'VE BEEN DOING TO GET TO WHERE WE'RE AT NOW, WHICH IS ALL OF THE PERMITS AND ALL OF THE CITY REQUIREMENTS MET.
AS I MENTIONED BEFORE, IT HAD A LOT TO DO WITH THE FACT THAT THE RETAINING WALLS ARE UP AGAINST SOME TREES AND LANDSCAPING.
AND SO THERE'S A LOT OF, LIKE I SAID BEFORE, THE PERMITS REQUIREMENTS THAT HAVE TO BE OBTAINED IN CERTAIN SITE DRAWINGS AND PHOTOS AND ALL SORTS OF STUFF THAT NEEDED TO BE SUBMITTED IN A CERTAIN WAY AND GET RECEIVED AND GET A CREW BEFORE THEY COULD GET ALL THE PERMITS THEY NEEDED.
I THINK I UNDERSTOOD IT ALL OTHER VIOLATIONS HAVE THEM CLOSED UNDER ANY OTHER VIOLATIONS PERSON.
MY UNDERSTANDING IS THAT THERE ARE NO OTHER VIOLATIONS OUTSTANDING FOR ELEMENT.
UM, THE ONE THAT WAS ASSOCIATED WITH THE LANDING, UM, THAT WAS PART OF, YOU KNOW, THE ORIGINAL VIOLATION WAS, HAS BEEN CLEARED PRIOR TO THIS HEARING AS THEY COULDN'T FORCE.
IT MENTIONED AT THE BEGINNING.
AT THIS TIME, THIS IS THE ONLY CASES ON THE PROPERTY.
ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION? YES, I DO HAVE A QUESTION.
SO MY QUESTION IS RELATED TO THE PREVIOUS QUESTION A LITTLE BIT.
I'M LOOKING AT THE DOCUMENTS THAT WERE SUBMITTED BY THE OWNER, AND WE DO HAVE A TIMELINE THAT'S ESSENTIALLY, UM, THE STATEMENT OF THE OWNERS, RIGHT? THE REPRESENTATIVES OF THE OWNERS.
SO WHO EXACTLY IS THE ENGINEERING COMPANY THAT YOU'RE WORKING WITH RIGHT NOW? BECAUSE IT LOOKS LIKE THERE WERE SEVERAL ENGINEERS BACK IN 2019.
AND ALSO, CAN YOU TELL US IF YOU'RE REALLY WORKING WITH THAT CONSTRUCT THE CENTEX CONSTRUCTION AT THIS POINT, BECAUSE THAT CONTRACT IS ALSO OLDER.
SO I'M WONDERING WHY THERE AREN'T, UM, MORE RECENT DOCUMENTS TO SHOW US THE PROGRESS.
UM, YEAH, SO THEY ARE WORKING WITH FINTECH.
THIS IS THE LIVE CONTRACT THAT WE'VE PROVIDED YOU.
UM, THE ENGINEERING REPORT THAT IS BEING USED IS ON PAGE 20 OF THE CONTRACT PAGE 20 TO 24 WITH KCB ENGINEERING.
THAT'S THE ENGINEER AND, UM, NO CONTRACTOR THAT WERE SIGNED UP IN JUNE, JULY, AUGUST OF 2019.
UM, AND I DID NOT SUBMIT FOR, YOU KNOW, THE TREE ARTISTS APPLICATION THAT GOT DENIED EACH OF THE SITE PLANS, EACH OF THE, GET TO THE PERMIT.
UM, I, I DON'T HAVE THAT, THAT I SUBMITTED TO YOU AT THIS TIME.
I COULD PROBABLY GO AND GET THOSE.
I JUST, I DON'T HAVE THEM FOR YOU AT THIS EXACT MOMENT, UM, ON YOUR SCREEN.
SO NOW YOU DO HAVE SOME DOCUMENTATION THAT CERTAINLY SHOWS THAT THE WORK ON THE RETAINING WALLS COULD BE COMPLETED BY OCTOBER 31ST.
[01:00:01]
WELL, THERE'S OBVIOUSLY FACTORS THAT MAY PLAY INTO THAT.I WOULD HOPE THAT THEY COULD GET IT DONE.
AND THAT'S THE TIME THAT'S BEEN ESTIMATED BY THE CONTRACTOR.
I CAN'T TELL YOU EXACTLY, BUT YEAH, THEY'RE SUPPOSED TO BEGIN THEIR WORK NEXT WEEK.
THEY GOT ALL THE PERMITS, THEY GOT ALL THE REQUIREMENTS.
THEY'VE GOT NO EXCUSE TO GO AND GET THIS DONE NOW.
UM, THE, UM, BUT IT'S THE NAME? I MISSED IT, UH, OF THE CURRENT, UM, UH, CONTRACTOR YOU'RE WORKING WITH.
IT'S ON THE CONSTRUCTION CONTRACT THAT WAS PROVIDED.
I BELIEVE IT'S CENTEX THE N T E S.
AND THAT ONE'S BEEN GOING ON FOR A YEAR OR AM I WRONG? YEAH, IT'S THE SAME CONSTRUCTION COMPANY THAT THEY SIGNED UP IN AUGUST THAT THEY'VE BEEN WORKING WITH.
THEY HAD TO PAIR WITH A COUPLE OF OTHER PEOPLE, THE LANDSCAPE PEOPLE AND EVERYTHING ELSE, BUT YES, IT'S BEEN TOUGH NOW.
AND YOU DO NOT FEEL LIKE YOU CAN MEET THE, UM, MEET THE STANDARDS OF, UM, THE CITY AS FAR AS, UH, GETTING IT DONE IN A QUICKER PERIOD OF TIME.
IS THAT CORRECT?
WHEN THEY TELL ME THREE MONTHS, I GOT TO, YOU KNOW, I CAN'T TRY AND SAY THAT.
I THINK IT'LL GET DONE INTO WHEN THEY SEE THREE, I WOULD LOVE TO SEE DONE IT TOO.
AND SEE, AND I UNDERSTAND YOUR SITUATION BECAUSE YOU ARE PASSING ON WHAT YOU ARE TOLD AND A BELIEF.
IT SEEMS TO ME LIKE THERE HAS BEEN A LOT OF, UH, DILATORY CONDUCT, UH, IN THE PAST WITH YOUR COMPANY.
AND I'M THINKING THAT PERHAPS IT WOULD BE BETTER IF WE KEPT Y'ALL UNDER THE GUN AND JUST DID, UH, TRIED THEM TO MAKE IT WORK FOR 'EM WHAT, UH, CODE ENFORCEMENT HAS SUGGESTED.
AND LIKE I SAY, WE DON'T EVEN KNOW WHO OWNS THE PROPERTY.
IT'S A SECRET, I UNDERSTAND WHERE YOU'RE COMING FROM.
UM, CAUSE THE DATE, YOU KNOW, THE FACT THAT THIS STARTED IN OCTOBER, 2018 DOES NOT LOOK GREAT, BUT I TRY TO SHOW YOU THAT THEY REALLY HAVE BEEN WORKING ON THIS.
AS FAR AS I KNOW, THEY'VE BEEN IN CONTACT WITH CO THEY'VE, BEEN IN CONTACT WITH PLENTY OF THE CITY OFFICES, YOU KNOW, GOING BACK AND REALLY TRYING TO DO THEIR DILIGENCE HERE, TO GET EVERYTHING TOGETHER AND GET EVERYTHING DONE.
AND YOU, YOU HAVE TO UNDERSTAND OUR POSITION.
WE HEAR THESE STORIES, UH, AND I DON'T MEAN THEIR STORIES, UH, THAT YOU HAVE FROM PEOPLE SITTING IN YOUR SEAT WHO ALWAYS COME UP WITH GOOD REASONS WHY IT TAKES ONE OR TWO OR GO HOLLY, SOMETIMES A LOT MORE YEARS THAN THAT.
AND THAT'S WHAT WE'RE TRYING TO AVOID IT, YOU KNOW, IT SHOULD BE DONE IN A, UH, SHORTER PERIOD OF TIME.
AND THAT'S WHY Y'ALL GOT ON THE REPEAT OFFENDERS LIST.
SO, UM, I THINK IS, UM, IF I WERE, MY VOTE WERE BEING COUNTED NOW I WOULD GO ALONG WITH WHAT THE CITY RECOMMENDED.
THE PROPERTY WOULD REALLY LIKE TO GET THIS PERIOD UNTIL THE END OF OCTOBER SO THAT THEY CAN GUARANTEE THAT THIS WILL BE DONE AT WHAT WE'VE DONE PROPERLY.
THEY CAN WORK WITH CODE, THEY CAN WORK WITH COACH KEVIN COME OUT.
AND IF THERE'S ANY LITTLE THINGS THAT NEED TO BE DONE, COACH AND LET THEM KNOW, AND THEY'LL HAVE THE TIME TO DO THOSE LITTLE THINGS AND GET IT FULLY APPROVED.
I DON'T WANT TO HAVE TO COME BACK HERE AND SAY, WE NEED ONE MORE WEEK.
WE'RE WAITING ON THIS WELL THING TO GET DONE.
AND YOU HAVE TO GO THROUGH THIS WHOLE PROCESS AGAIN, ESPECIALLY DURING THE TIME WITH THE WHOLE PROBATE SITUATION.
IS THAT COMMISSIONER STILL SAID, YES.
THIS IS A QUESTION THAT'S DIRECTED TO MR. CARPET.
CAN YOU REFRESH MY RECOLLECTION AS TO THE AMOUNT OF TIME BY WHICH WE CAN ENLARGE THE PERIOD OR IT STRIKES ME THERE'S SOME UPPER BOUND ON HOW MANY DAYS WE CAN AMEND THE ORDER TO PROVIDE IT? I THINK I KNOW, BUT I WOULD GO AHEAD AND LET MR. CARTER
[01:05:01]
ANGELES.UM, MY ANTICIPATED, THAT WOULD BE A QUESTION.
SO I PULLED UP TEXAS LOCAL GOVERNMENT CODE TWO 14, UM, CHAPTER TWO 14.
IT SAYS THAT YOU MAY NOT ALLOW MORE THAN 90 DAYS UNLESS THE OWNER LIEN HOLDER AND G SUBMITTED DETAILED PLAN AND TIME SCHEDULE FOR THE WORK, THE HEARING AND ESTABLISHES AT THE HEARING THAT THE WORD CANNOT REASONABLY BE COMPLETED WITHIN 90 DAYS BECAUSE OF THE SCOPE AND COMPLEXITY OF THE WORK.
IF YOU DO GET MORE THAN 90 DAYS, YOU ARE UNDER THE STATUTE SUPPOSED TO HAVE A REGULAR, UM, PROGRESS REPORT.
THAT'S SUBMITTED BACK TO THE CITY.
AND AGAIN, THIS IS BRANDON CARR ASSISTANT CITY ATTORNEY.
WOULD IT BE POSSIBLE IF WE, UM, IF WE PASS THE STAFF'S ORDER, WHICH SAYS 45 DAYS THAT THEY COULD COME BACK AT THE NEXT MEETING AND SAY WE ARE IN PROCESS AND DEMONSTRATE THEIR PROGRESS.
UM, SO THE RULES DON'T REALLY ALLOW FOR THAT OR THE, UH, THE RULES THAT YOU'VE ADOPTED.
DON'T REALLY HAVE A POSITION FOR RECONSIDERATIONS.
THAT'S SOMETHING WE'VE DISCUSSED IN THE PAST, BUT IT'S NOT REALLY HERE.
IF YOU WERE TO WANT TO GET THEM TO COME BACK, YOU COULD REQUIRE THEM TO COME BACK.
UM, AS A PART OF THAT REPORT, SOMETIMES YOU CAN REQUIRE THEM TO SUBMIT A REPORT TO STAFF AND STAFF CAN JUST UPDATE YOU.
UM, ALSO IF YOU WANTED TO CONTINUE THE CASE, THEN THE PROPERTY OWNERS COULD COME BACK THE NEXT MONTH AND SHOW YOU WHAT THEY'VE DONE BEFORE YOU ISSUED AN ORDER.
AND I JUST WANT TO MAKE A QUICK NOTE NOW THAT THE REPRESENTATIVE IS ON THE Y THE REPRESENTATIVE IS STILL ON THE LINE THAT SHE HAD MENTIONED SOMETHING ABOUT COMING BACK AND ASKING FOR EXTENSIONS, ONCE AN ORDER IS MADE THAT'S BINDING.
AND SO AN OWNER WOULD NOT BE ABLE TO COME BACK AND ASK FOR AN EXTENSION ON THAT ORDER.
UH, IS THERE A MECHANISM, UH, UH, BRANDON, THE MR. CAR THAT, UH, UH, WOULD ALLOW US, UH, TO MAYBE GIVE THIS UP TO 90 DAYS, UM, HAVE THEM PROVIDE US A RE EXTENDED BEYOND 90 DAYS AND HAVE THEM GIVE US A REPORT, SAY, AND AUGUST, WHICH WOULD BE APPROXIMATELY HALFWAY NOW UNTIL THE END OF OCTOBER, FIND OUT WHERE THEY ARE AND, UH, UH, AND TAKE AN ACTION OR AT THAT POINT IN TIME, OR, UM, MMM.
TRY TO DRIVE THE, YOU UNDERSTAND WHETHER OR NOT THEY'RE GONNA MAKE THE DATE.
GIVEN THE FACT THAT THE WORLD'S BEEN TURNED UPSIDE DOWN WITH COVID THERE, I THINK NEEDS TO BE SOME CREATIVITY, MY PERSONAL OPINION, AND THE FACT THAT THEY HAVE A TIMELINE, I HAVE A CONTRACT, UM, BUT, UH, I TOLD THE KEEP MONASTERY, DO YOU HAVE A RECOMMENDATION AGAIN? YOU DON'T REALLY HAVE A RECONSIDERATION PROCESS IN YOUR, IN YOUR CURRENT RULES.
SO IT'S NOT SOMETHING THAT'S, THAT'S DONE AS FAR AS I'VE GONE ALONG AS I'VE BEEN HERE FOR THE LAST COUPLE OF YEARS.
BUT I KNOW SOMETIMES YOU DO HAVE CHANCES TO LOOK AT THE CIVIL PENALTIES AFTER A CASE HAS DONE.
SO IF THEY WEREN'T ABLE TO MAKE HOWEVER MUCH TIME YOU ALLOTTED, THEY COULD COME BACK AND ASK FOR A REDUCTION TO CIVIL PENALTIES AND THEY CAN PROVIDE THAT EVIDENCE TO YOU OR INFORMATION, AND THAT COULD AFFECT THE PENALTY THAT WAS ISSUED.
SO IF WE CONTINUE THE CASE, THE MOST WE COULD CONTINUE, IT IS FOR 90 DAYS, YOU CAN CONTINUE A CASE INDEFINITELY.
UM, IT WOULD BE, IF YOU WANT TO ISSUE AN ORDER TODAY, THE MOST YOU CAN GIVE IS 90 DAYS LESS.
YOU FIND THAT THERE'S EVIDENCE THAT THEY CAN'T COMPLETE IT WITHIN 90 DAYS.
AND THEY'VE SHOWN YOU THAT THEY'LL COMPLETE IT.
AND OVER 90 DAYS, THAT MAY BE THE MOST OKAY.
CLEAN WAY TO DO IT, BUT WE COULD THEN REQUEST THEM TO COME BACK.
FOR INSTANCE, AUGUST TO SHOW THAT THEY'RE GOING TO HIT THIS EXTENSION THAT'S GREATER THAN 90 DAYS.
I COULD BE EVIDENCE THAT YOU COULD CONSIDER LATER ON WHEN YOU LOOK AT THE PENALTY.
HOW FAR THEY WERE WHEN THEY GOT HALFWAY THROUGH COMMISSIONER ABILA DID YOU HAVE SOMETHING TO SAY? I BELIEVE, UH,
[01:10:02]
COULD YOU, COULD YOU SPEAK, I DON'T KNOW, PERHAPS A LITTLE MOVE, A LITTLE CLOSER TO YOUR COMPUTER.
WE'RE REALLY HAVING A HARD TIME UNDERSTANDING
OH, I BELIEVE YOU CAN MAKE A MOTION AT ANY TIME, BUT IF YOU'D LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING THAT'S THAT CAN ALSO BE PART OF IT.
WAS THAT A CONTINUING THE CASE TILL AUGUST VERY FIRST? WELL, WE WAS TO CONTINUE THE CASE UNTIL SEPTEMBER.
IS THAT WHAT I HEARD? AUGUST 31ST, BUT WE WOULD TAKE UP THE CASE IN SEPTEMBER, CORRECT.
SO THE NEXT TIME YOU WOULD MEET WOULDN'T BE IN SEPTEMBER.
IS THERE A SECOND?
I WASN'T CLEAR ON WHAT WE'RE REQUESTING FROM THE OWNERS AFTER THAT TIMEFRAME.
COULD YOU CLARIFY THAT FOR ME PLEASE? COMMISSIONER ABILA
UM, I'LL CERTAINLY LIKE TO PROPOSE THAT WE AMEND THAT, UM, ORDER TO DEFINITELY CONTINUE IT TILL END OF AUGUST, BUT REQUIRE THE OWNERS TO COME BACK WITH A DEFINITIVE.
THAT'S MORE OF AN UPDATED SET OF DOCUMENT.
SO I'M GOING TO TRY AND REPEAT THE MOTION AS I UNDERSTAND IT.
SO THE MOTION IS TO CONTINUE THE CASE UNTIL THE SEPTEMBER MEETING, WHICH WOULD BE AFTER THE END OF AUGUST.
AND AT THAT TIME REQUESTS THAT THE OWNERS BRING DOCUMENTATION, UPDATED DOCUMENTATION, BASICALLY, OF EVERYTHING THEY'VE SHOWN US RIGHT NOW, WHICH IS A CONSTRUCTION SCHEDULE, HOPEFULLY PROGRESS MADE ON THAT CONSTRUCTION.
IS THAT CORRECT? AND DOES THAT MEET WITH YOUR INTENT COMMISSIONER, OREGON BODIE? YES, IT DOES.
UM, OTHER COMMISSIONERS, WOULD YOU LIKE TO DISCUSS, I WOULDN'T, THIS IS WORRYING.
I WOULD PREFER FOR US TO STICK TO THE, UH, RECOMMENDATION OF THE, UH, UH, OF CODE ENFORCEMENT.
AND THAT IS BECAUSE THESE PEOPLE HAVE BEEN ON THE REPEAT OFFENSE OR OFFENDERS LIST.
THEY KNOW HOW TO, UH, COME UP WITH, WELL, WE'VE HAD TROUBLE DOING THIS.
AND ANY OF THE TREES GOT IN THE WAY AND BLAH, BLAH, BLAH, AND HAVE NOT REALLY TAKEN CARE OF BUSINESS FOR THE PEOPLE WHO WERE PAYING THE BILLS.
AND THEY ARE THE PEOPLE WHO LIVE THERE.
AND I THINK WE OUGHT TO, UH, STICK WITH WHAT THEY RECOMMENDED THERE, THE ONE WITH THE SEAT ON THE GROUND.
AND I JUST DO NOT SEE HOW WE COULD BENEFIT THE RESIDENTS THERE BY JUST GIVING THEM MORE TIME AND MORE TIME AND MORE TIME THEY'LL BE, IF WE LET THEM THEY'LL BE ON THE REPEAT OFFENDERS LIST FOR ANOTHER 20 YEARS, THAT'S ALL
COMMISSIONER THOMPSON, OTHER COMMISSIONERS, UH, JAMES.
UH, WE CONTINUE TO LET THEM, UH, OF DICTATE TERMS. UH, IT WILL BE CONTINUED ON, UH, WHAT'S GOING TO HAPPEN IN SEPTEMBER WHEN WE COME BACK, THEY'RE GOING TO COME UP WITH ANOTHER LIST OF REASONS WHY THEY, UH, UH, I, I RECOMMEND THAT YOU GET THEM.
THEY, WE CONTINUE AFTER THE RECOMMENDATION.
AND I THINK THAT'S JUST MY 2 CENTS.
[01:15:04]
OTHER COMMISSIONERS.AGAIN, I, UH, TYPICALLY, UH, ONLINE PRETTY MUCH WITH THE JAMES AND WORD HE'S THINKING.
YEAH, I WOULD JUST, MY POINT OF VIEW IS THIS IS IMPORTANT TO RETAINING WALL.
IF IT COLLAPSED, IT WOULD BE A DISASTERS, BUT RIGHT NOW WE'RE NOT THERE.
THERE'S A TIMELINE THERE'S CONTRACT.
THEY'RE ASKING FOR BASICALLY ANOTHER A HUNDRED DAYS.
UM, I THINK WE'RE IN A NON USUAL SITUATION AT THE ENVIRONMENT WE'RE IN.
UM, I, I, I WOULD LIKE TO SEE SOME TYPE OF MECHANISM WHERE, UM, OKAY.
THEY HAVE TO, THEY MAY BE, WE HAVE TO IMPOSE PENALTIES WITHIN 90 DAYS, BUT HAVE THEM COME BACK IN 90 DAYS OR WHATEVER THE APPROPRIATE NEXT MEETING WOULD BE CLOSEST TO THAT SHOW US THAT THEY'RE MOVING FORWARD AND THEN COME BACK AT THE END OF OCTOBER, OR MAYBE NOVEMBER AT THAT POINT IN TIME AND REQUEST RELIEF FROM ANY TYPE OF, UH, FINANCIAL PENALTIES.
UH, I THINK IF THEY'RE SHOWING GOOD FAITH AND ACTUALLY GET THIS DONE AND WE'VE, WE'VE DONE IT HISTORICALLY, WE'VE BEEN ABLE TO GO BACK AND TAKE A LOOK AT THOSE THINGS, UH, WHERE PEOPLE HAVE, UM, PERFORMED IN GOOD FAITH.
AND IF THEY'RE TARGETS, I'LL BE IT OUTSIDE THE TIMELINE OF THE, OF THE, UH, OF THE LAW ADMINISTRATIVE LAW.
OH, WE'VE BEEN ABLE TO, UH, WORK WITH FOLKS, BUT, UH, I REALLY THINK IF WE COULD, UH, UH, GIVE THEM A CHANCE TO EXECUTE THE CONTRACT, I'M KIND OF SURPRISED AT WHEN THEY'VE BEEN ON A REPEAT OFFENDER.
AND I WAS ONE OF THE FOLKS AT SEVEN YEARS OLD PUSHING FOR THAT, UH, IN THE PRIOR CITY COUNCIL STRUCTURE, UM, TO, UH, UH, THAT THEY'VE HAD THIS CONTRACT FOR A YEAR.
AND THERE'S, THERE WAS SOMETHING ABOUT THE CONCERN ABOUT THE CONSTANT RE PERMITTING.
WHY DIDN'T THEY HIRE SOMEBODY THAT KNEW WHAT THEY WERE DOING, BUT I WOULD SUGGEST AT THIS POINT IN TIME, UM, OR NOT THE 90 DAYS, UM, BEFORE PENALTIES KICK IN THEN HAVE, UM, THEY'RE SHOWING GOOD FAITH.
UH, THEY CAN BACK AT OUR NOVEMBER MEETING THE REQUEST RELIEF.
I, I THINK, I THINK WE ALL WANT THEM TO GET THE WORK DONE AS SOON AS POSSIBLE.
UM, I GUESS I, I WOULD PREFER TO JUST AMEND THE AMOUNT OF DAYS THAT WE GIVE THEM TO MAKE THE REPAIRS.
AND THEN IF, YOU KNOW, WE CAN TALK ABOUT THOSE FEES LATER, BUT I WOULDN'T WANT TO JUST CONTINUE IT AND SAY, COME BACK AND 90 DAYS, OKAY.
WHAT IF THEY COME BACK AND THEY HAVE ALL THESE OTHER REASONS THEY HAVEN'T EVEN STARTED? I I'D RATHER HAVE THE PRESSURE ON THEM TO START, AND IF THEY CAN COME AND SHOW US PROGRESS AND, AND TALK ABOUT THOSE FEES AND, UM, WHETHER OR NOT THEY NEED TO BE ADJUSTED, THAT WOULD BE, THAT WOULD BE MY PREFERENCE THAT WE, WE WANT THEM TO START.
WE WANT THEM TO MOVE FORWARD IF THEY, IF THEY DO REALLY WELL ON THAT, THEN WE CAN TALK ABOUT THE FEE ISSUE LATER ADJUSTING THAT.
BUT I WOULDN'T WANT TO JUST SAY NO, CONTINUE IT ON BACK.
YOU KNOW, MAYBE NOTHING HAPPENS THAT WALL.
THAT REALLY THAT'S VERY DANGEROUS.
NO, THAT'S, THAT'S MY, THANK YOU.
SO MY, MY THINKING I'M LEANING MORE TOWARDS AMENDING THE PROPOSED ORDER.
UM, SEVERAL COMMISSIONERS HAVE ALSO MENTIONED, I'LL DO EXTEND THAT TIMELINE EITHER TO 90 DAYS OR EVEN TO 120 DAYS.
IT'S 90 DAYS AND THEY MISS IT.
THEY CAN COME BACK ON, YOU KNOW, WE WANT TO, UM, IF IT'S 120 DAYS, THEY'RE GOING TO HAVE TO COME BACK AND SEE US JUST TO GET US AN UPDATE.
SO THOSE ARE, THOSE ARE MY OWN THOUGHTS.
UM, BUT MEANWHILE, THAT'S NOT THE MOTION THAT'S ON THE TABLE.
DO WE HAVE ANY OTHER COMMENTS ON THE MOTION ON THE TABLE OR SO WE CAN GO AHEAD AND VOTE ON IT.
CAN YOU READ IT TO US AGAIN? MINUS I'LL TRY.
UH, IF I REMEMBER CORRECTLY, THE MOTION WAS TO CONTINUE THE CASE UNTIL THE SEPTEMBER MEETING.
AND AT THAT MEETING, UH, THE, THE PROPERTY REPRESENTATIVE IS TO PROVIDE UPDATED SCHEDULE, UM, UPDATED PROGRESS, BASICALLY JUST UPDATE ALL THE DOCUMENTS PROVIDED NOW.
SO THAT IS THE MOTION THAT'S ON THE TABLE.
AND, UM, I'M GOING TO GO AHEAD AND CALL MY, I ASK ONE MORE QUESTION BEFORE YOU CALL QUESTION.
UM, HOW MANY DO WE HAVE VOTING TONIGHT? YES,
[01:20:01]
I THINK I HAVE A COUNT OF, IS IT NINE OR 10? I HAVE A COUNT OF, I THINK WE HAVE.HOW MANY WOULD THAT TAKE TO DEFEAT THIS TWO, THREE?
YOU HAVE TO HAVE SIX AFFIRMATIVE VOTES.
YOU HAVE 10, THIS IS MELANIE ALLEY.
WE HAVE 10, WE HAVE 10 COMMISSIONERS PRESENT, CORRECT? IT WOULD TAKE FIVE TO, NO, IT WOULD TAKE SIX.
WELL, SIX WOULD BE REQUIRED TO THE PILOT TO KILL IT.
YOU MAY HAVE THAT ALREADY EITHER WAY.
I'M GOING TO CALL THE QUESTION UNLESS EVERYONE WANTS TO KEEP TALKING.
ALL IN FAVOR OF THE MOTION IS PROPOSED, WHICH IS TO CONTINUE THE CASE UNTIL THE SEPTEMBER MEETING, AND THEN ASK FOR UPDATED DOCUMENTATION FROM THE CLIENT, SAY, AYE, OR RAISE YOUR HAND OR BOTH COMMISSIONER ABIOLA
GO AHEAD AND RAISE YOUR HAND AND SAY, HEY, HEY,
AND I BELIEVE I NEED TO READ OFF ALL OF THE VOTES FOR THIS, BECAUSE IT'S REALLY CHALLENGING TO FIGURE OUT WHO SAID WHAT? SO THE ONLY COMMISSIONER IN FAVOR WAS COMMISSIONER ABILA
AND THEN OPPOSED WERE MYSELF COMMISSIONER FREIBURGER.
THOSE OPPOSED COMMISSIONER MILLER.
MR. PERCINO COMMISSIONER MANGRUM CORRECT.
COMMISSIONER GREEN, CORRECT? MISSIONARY IS STILL STEAD
DID I MISS ANYONE?
SO, UM, I'M SORRY, GO AHEAD, COMMISSIONER.
WE HAD ENOUGH A PROPOSED BY THE FACT THAT THIS IS MY LAW.
WE ARE ORDERED TO TAKE WITHIN 45 DAYS.
WHO WAS THE SECOND? WHERE DID JACK THOMPSON? JR.
SO THE MOTION IS ADOPT THE STAFF'S RECOMMENDED ORDER WITH THE ONE, BUT MODIFIED SO THAT THE PROPERTY HAS 90 DAYS TO COMPLY AND ALL LITTLES WOULD STAY THE SAME.
ANY FURTHER DISCUSSION OR SHALL I CALL THE QUESTION? MR. THOMPSON SECONDED.
ALL IN FAVOR OF THE NEW MOTION.
RAISE YOUR HAND, RIGHT?
MR. PRESENT? YOU
UH, WE HAD NINE IN FAVOR AND AGAIN, THAT WAS COMMISSIONERS FREIBERGER, AURORA MILLER.
MANGRUM GREEN AMILA
DANIEL WAS OPPOSED THAT CORRECT? YES, THAT'S CORRECT.
UM, SO THE ORDER WILL BE MAILED OUT, UM,
[01:25:01]
THE PROPERTY REPRESENTATIVES ARE STILL ON THE LINE.IF NOT, LET ME KNOW IF YOU HAVE ANY BRIEF QUESTIONS RIGHT NOW.
SO THAT'S A 90 DAY ORDER WITH THE THOUSAND DOLLAR PER WEEK.
THERE WAS JUST A LOT OF DISCUSSION.
I WANTED TO MAKE SURE THAT WAS CLARIFIED.
THANK YOU FOR CLARIFYING
I READ IT INTO RECORD TO INCLUDE ALL THREE ORDERS.
AND YOU ADMITTED THAT INTO EVIDENCE, CORRECT.
AND WE AGREED TO TAKE THEM ALL UP TOGETHER.
THANKS FOR THE CLARIFICATION, MR. CANDELA'S
[Item 3]
I BELIEVE WE ARE READY TO MOVE ON TO AGENDA ITEM NUMBER THREE, WHEN YOU WERE READY.ITEM NUMBER THREE ON THE AGENDA IS ALL REGARDING THE COMMERCIAL PROPERTY LOCATED AT 17 ZERO FOUR NELMS DRIVE ALSO KNOWN AS THE SUNRISE BLUFFS APARTMENTS.
TONIGHT, WE ARE, WE WILL BE ADDRESSING THE EXTERIOR OF THE BUILDING 10, 11, AND 22.
THE STAFF EXHIBITS FOR THESE CASES CAN BE FOUND IN THE GOLD BOOKS IN THE GOOGLE DRIVE FOLDER.
THE CASE NUMBERS ARE AS FOLLOWS CL 2020 ZERO EIGHT SIX TWO ONE FOUR IS REGARDING THE EXTERIOR BUILDING 10 CL 2020 ZERO EIGHT SIX TWO ZERO.
ONE IS REGARDING EXTERIOR BUILDING 11 CL 2020 ZERO EIGHT SIX ONE SEVEN.
ONE IS REGARDING THE EXTERIOR OF BUILDING 22.
THESE CASES ARE ALL REGARDING SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR.
PLEASE NOTE THAT THIS PROPERTY IS CURRENTLY REGISTERED WITH THE REPEAT OFFENDER PROGRAM IN YOUR READERS.
YOU'LL FIND THE FOLLOWING EXHIBITS ONE, THREE AND FIVE, WHICH CONTAINED THE COMPLAINTS IN CASE HISTORIES, COPIES OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD, THAT VERIFIES OWNERSHIP IT'S STRUCTURAL MAP, IDENTIFYING THE LOCATION OF BUILDINGS, 10, 11, AND 22.
AND THE NOTICES OF VIOLATION NOTICES APPEARING IN THE POSTINGS EXHIBITS TWO WAY THROUGH TO SEE FOUR, A THROUGH FORESEE AND SIX, EIGHT THROUGH SIX C, WHICH CONSISTS OF PHOTOS FOR EACH OF THE CASES WERE PRESENTED AS WELL AS CODES RECOMMENDED ORDERS, CODE INSPECTOR, PHILLIP BOSLEY IS ASSIGNED TO THIS CASE.
INSPECTOR BOSLEY WILL NOW PRESENT PHOTOGRAPHS MARKED AS EXHIBITS TWO WAY THROUGH TO SEE, OR A THROUGH FOUR C AND SIX, EIGHT THROUGH SIX C, AND WE'LL DISCUSS THE VIOLATIONS AS THEY'RE DEPICTED IN THE PHOTOGRAPHS INSPECTOR BOSLEY, PLEASE BEGIN YOUR TESTIMONY.
I AM THE REPEAT OFFENDER PROGRAM CODE OFFICER CURRENTLY ASSIGNED TO THESE CASES AND HAVE BEEN SWORN IN THE MULTIFAMILY PROPERTY.
I'M PRESENTING TODAY IS OWNED BY CNC AUSTIN LIGHTS, LIMITED PARTNERSHIP.
THE FOLLOWING PROPERTY BEING PRESENTED AS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM.
SO SINCE MARCH, 2016, THIS PROPERTY IS A THREE-STORY COMPLEX, WHICH CONSISTS OF 24 BUILDINGS WITH 382 UNITS.
IT PERIODIC INSPECTION WAS CONDUCTED AROUND JULY 16 OF 2019.
THESE CASES STILL REMAIN OPEN FROM THE PERIODIC INSPECTION.
LEGAL NOTICE HAS BEEN SENT, RECEIVED, AND POSTED TO DATE.
THESE VIOLATIONS REMAIN OPEN AND THE STRUCTURAL MAINTENANCE VIOLATION STILL REMAIN IN DISREPAIR.
AT THIS TIME, STAFF IS RECOMMENDING STRUCTURAL REPAIRS.
I WILL BE PRESENTING PHOTOGRAPHS OF THESE VIOLATIONS OBSERVED TODAY.
PHOTO TWO, A EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE BUILDING.
10 TO BE
SEE PHOTOGRAPH IS A CLOSER VIEW SHOWING THE DETERIORATED BEAMS, TRIM AND CEILING SURFACE, BUILDING 11 FOR A
[01:30:01]
SEE PHOTOGRAPH AGAIN, A CLOSER VIEW SHOWING THE DETERIORATED BEAMS TRIM AND CEILING SURFACES.
EXHIBIT SIX IS A CONTEXTUAL PHOTOGRAPH OF THE BUILDING 22 PHOTO SIX B
PHOTO SIX C
THAT CONCLUDES MY PRESENTATION AND I'M AVAILABLE TO ANSWER ANY QUESTIONS.
THANK YOU, PHILIP, BECAUSE OF THE EXISTING CONDITIONS SHOWN IN THESE PHOTOGRAPHS AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.
STAFF ASKED THE COMMISSION TO ADMIT EXHIBITS ONE, THREE AND FIVE, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO C FOUR, EIGHT THROUGH FOUR C AND SIX, EIGHT THROUGH 60.
ALSO CHAIR THE LANGUAGE, THE RECOMMENDED ORDERS FOR BUILDINGS 10 AND AN 11 ARE IDENTICAL.
IF IT MEETS WITH YOUR APPROVAL, I WOULD LIKE TO READ ONE REPRESENTATIVE ORDER FOR BUILDINGS, 10 AND 11, AND THEY SEPARATE RECOMMENDED ORDER FOR BUILDING 22.
THIS WOULD BE WITH THE UNDERSTANDING THAT THE RECOMMENDATIONS WOULD APPLY INDIVIDUALLY IN EACH CASE.
STEP ALSO REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THESE CASES IN ORDER OF THE FOLLOWING FOR BUILDINGS 10 AND 11 OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL CITED VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM ASTA CODE TO VERIFY COMPLIANCE.
AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS THE CIVIL PENALTY OF A THOUSAND DOLLARS PER WEEK.
THAT WILL CONTINUE TO ACCRUE UNTIL A CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST, SHALL ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF INCESSANT UNTIL PAID IN FULL NOW FOR BUILDING 20 TO OBTAIN AND FINALIZE ALL NECESSARY PERMITS, SECURE THE STAIRWELL AREA, REPAIR ALL CITED VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY, BUT THOUSAND DOLLARS PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
AND TRISHA ACCRUE AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
UM, I HAVE A QUESTION ACTUALLY FOR, UM, FOR MR. BOSLEY ON BUILDING NUMBER 22, IS THERE ANOTHER STAIRWELL OR ANOTHER OPTION FOR THE RESIDENTS TO, TO EXIT THE SECOND FLOOR? THIS IS PHIL BOSLEY.
MA'AM THERE IS, UH, A SECOND, UH, STAIRWAY, SO THEY COULD ACCESS IT IN A, IN A, IN A DIFFERENT AREA OF THE BUILDING.
SO IF THE STAIRS WERE TO BE, IF THAT STAIRWELL WERE TO BE SECURED, WOULD IT BE, YOU KNOW, COMPLETELY BLOCKED OFF SO THAT THEY WOULD HAVE TO GO TO THAT OTHER STAIRWAY? OR IF THERE WERE A FIRE, COULD THEY REALLY HAVE A CHOICE BETWEEN THE TWO, THERE IS A SECONDARY STAIRWAY.
SO IF IT WAS BLOCKED, THEY'D HAVE ACCESS TO THE OTHER STAIRWAY.
UM, IF THERE WAS A FIRE AND THAT, UH, STAIRWAY WAS, UH, BLOCKED OR BARRICADED AND YES, THEY'D ONLY HAVE THAT ONE OTHER STAIRWAY TO EXIT ON.
SO I GUESS WHAT I, I GUESS WHAT I WAS REALLY WONDERING IS WHEN IT'S BLOCKED, IT'S REALLY BLOCKED.
IT'S NOT LIKE JUST CAUTION TAPE THAT THEY COULD RUN THROUGH AND TAKE THEIR CHANCES ON THE STAIRS FALLING DOWN RATHER THAN THE FIRE.
UH, DO OTHER COMMISSIONERS HAVE OF CITY STAFF THIS MOMENT? UM, HI, IT'S
[01:35:01]
LIZ MILLER HAVE A QUESTION.THE PICTURES YOU SHOWED OF THE BALCONY AND THE SOFFIT AND THE CEILING BEING PROPPED UP, IS THAT STRUCTURAL? I MEAN, IT REALLY LOOKS LIKE IT'S SAGGING, BUT IT IS IT, UM, WHAT, UM, HOW DANGEROUS IS THAT? I GUESS IT IS
UH, YOU, IT IS A STRUCTURAL DETERIORATION.
UM, IT'S IN REALITY, A STRUCTURAL MAINTENANCE VIOLATION.
UM, THOSE CLOSE UP VIEWS OF BOTH BUILDINGS, 10 AND 11.
UH, WE'RE ATTEMPTING TO SHOW THAT THERE IS DETERIORATION WITH THE STRUCTURAL JOYCE, UH, BEAMS IN THAT AREA.
THE, UM, THE, THE MANAGERS HAVE REMOVED THE TENANTS IN BUILDING 10, UH, IN THOSE THAT FIRST FLOOR, SECOND FLOOR, THIRD FLOOR UNITS.
SO THEY'RE NOT GOING OUT ON THE SECOND FLOOR OR THE THIRD FLOOR AND CAUSING IT TO SIDE FURTHER DOWN, WHICH COULD EVENTUALLY BE A DISASTER FOR ONE OR ALL THREE.
HOPEFULLY THAT ANSWERED YOUR QUESTION IS THE FIRST FLOOR UNIT STILL OCCUPIED.
THE FIRST FLOOR IS NOT OCCUPIED.
NONE OF THAT STAFF THAT STRIP, UH, ON BUILDING 10, THE TENANTS ARE ALL REMOVED IT, NOT OUT OF THE BUILDING, JUST OUT OF THOSE THREE UNITS, FIRST, SECOND, THIRD FLOOR GOING UP.
AND IS THERE, UM, IT SEEMS LIKE THERE'S A CATEGORY CALLED DANGEROUS CONDITIONS THAT WE USE SOMETIMES.
I'M NOT SURE IF THAT IS A KIND OF A MEANINGFUL DISTINCTION WOULD THIS, AND IF SO, IS THIS ONE THAT WE PUT IN THAT CATEGORY? IT COULD, UM, YOU MIGHT HAVE SEEN IN THAT FIRST PHOTO OR NOT FOR, WELL, FIRST AS WELL AS THE SECOND AND THIRD PHOTOS, UM, IT WAS SHOWING THAT THEY HAD, UH, INSTALLED SOME POSTS TO SUPPORT IT.
SO IT WOULDN'T COLLAPSE IT'S BEING SUPPORTED UNTIL THEY CAN DO SOME, UH, FUTURE CONSTRUCTION.
SO I WOULD CONSIDER THIS A DANGEROUS
IF THERE WERE A SMALL BAR, ALLOW THEM TO DO
UM, DOES THAT STAIRWELL SERVE THREE FLOORS FOR TWO FLOORS? I'M SORRY, IS IT A TWO STORY BUILDING OR A THREE STORY BUILDING? I'M SORRY.
I THOUGHT YOU WERE REFERRING TO BUILDING 10.
UM, THE STAIRWAY, UH, DOES, UH, GO FROM THE FIRST FLOOR TO THE SECOND FLOOR, TO THE THIRD FLOOR AND THE, UH, THE OTHER STAIRWAY THAT IS BEHIND IT ON THE OTHER SIDE OF THE BUILDING GOES TO ALL THREE FLOORS ALSO TO KIND OF ADD TO THAT QUESTION.
THERE ARE OTHER UNITS AT OTHER PARTS OF THE BUILDING THAT HAVE THEIR OWN SEPARATE STAIRWAYS THAT ARE NOT IN THIS CONDITION.
SO ONLY THE, THE PEOPLE ON THAT SECOND AND THIRD FLOOR WOULD BE AFFECTED BY THAT ONE STAIRWAY AND WOULDN'T BE REQUIRED TO USE THE OTHER STAIRWAY.
AND IS THAT A TYPICAL BREEZEWAY WHERE YOU'VE GOT ONE UNIT FRONT AND BACK ON EITHER SIDE OF THE BREEZEWAY? SO THERE WOULD BE A TOTAL OF EIGHT UNITS THAT WOULD BE DEPENDENT UPON THAT ONE STAIRWAY, UH, THAT, THAT PARTICULAR STAIRWAY, UH, YES, THERE'S LIKE TWO BUILDINGS OR TWO UNITS IN THE FRONT, TWO UNITS IN THE BACK.
AND THEN ON THE NEXT FLOOR, THE SAME THING TWO IN THE FRONT TWO IN THE BACK.
SO IN REALITY, THERE'S,
[01:40:01]
DID THAT MAKE SENSE? THAT DOES MAKE SENSE.AND THEN TO GO BACK TO OUR FIRE, MARSHAL'S CONCERNED WITH THE, UM, WITH THE FIRE, IF GOING BACK TO BUILDINGS 10 AND 11, IF A FIRE WERE TO BEGIN AND GET INTO THAT SOFFIT AREA COULD POTENTIALLY IMPACT FAR MORE THAN THE THREE UNITS THAT ARE CURRENTLY VACATED
IS THAT CORRECT?
I THINK THE QUESTION IS TO YOU AGAIN, TRYING TO UNDERSTAND HOW THESE BUILDINGS ARE LAID OUT.
UM, THERE ARE NO TWO HOUR FIREWALLS.
THESE ARE PROBABLY OLD ENOUGH BUILDINGS, SMALL ENOUGH BUILDINGS THAT THERE AREN'T TWO HOUR FIREWALLS THAT WOULD KIND OF SEGMENT THAT WAS THREE UNITS THAT ARE STACKED RIGHT THERE.
THIS BUILDING WAS ACTUALLY BUILT IN 1996.
IS IT FULLY SPRINKLERED?
WE'RE HAVING TROUBLE HEARING YOU, UH, MR. VOKI IS, IS IT POSSIBLE FOR YOU TO MOVE CLOSER TO THE MICROPHONE? SURE.
UM, SO I, I'M NOT CONFIDENT
OTHER COMMISSIONERS QUESTION FOR CITY STAFF
THAT WAS PHIL BOSLEY ANSWERING THAT QUESTION.
OTHER COMMISSIONERS, OTHER QUESTIONS.
UM, I BELIEVE WE HAVE A COUPLE OF REPRESENTATIVES.
COMMISSIONER TALKS ABOUT, AND I WAS NOT.
UM, DO I UNDERSTAND THE FIRE MARSHALL TO SAY THAT THERE IS ENOUGH DANGER HERE THAT IT SHOULD SHOW TO BE, UM, CORRECTED IMMEDIATELY? OR AM I IMAGINING THAT
I BELIEVE WE DO HAVE A COUPLE OF REPRESENTATIVES ON THE LINE.
WE HAVE THE SHERRY COOK AND WE HAVE RAMANA SHAWNTA IF ONE OR THE OTHER, OR BOTH OF YOU WOULD LIKE TO SPEAK UP NOW AND DECIDE WHO WOULD LIKE TO GO FIRST, PLEASE DO
SHERRY COOK AND OR ROMANA ASHANTA
[01:45:01]
TOO, BUT IF YOU'RE WATCHING THIS AS OPPOSED TO LISTENING ONLINE, I BELIEVE THERE'S A 32ND DELAY.THIS IS JAMES CANDELA'S WITH AUSTRIAN CODE.
I CHECKED BOTH OF THE OWNERS REPRESENTATIVES IN EARLIER AND THEY'RE CURRENTLY ON THE LINE.
WE'LL WE'LL GIVE THEM SOME TIME TO UNMUTE HOPEFULLY, AND GET CAUGHT UP.
NOW WHO TO WHOM ARE WE TO WHOM ARE WE SPEAKING? YES.
I'M THE REGIONAL SUPERVISOR FOR THE ADDRESS LISTED AS 1704 NELMS DRIVE.
AND WOULD YOU LIKE TO, WOULD YOU LIKE TO BEGIN? YES.
MA'AM IN REFERENCE TO BUILDING 10 AND 11.
UH, IT WAS CITED IN JULY, BACK IN JULY OF 2019.
WE SUBMITTED FOR THE FIRST OF PERMIT FOR THE PERMIT AND ON NOVEMBER 25TH, DECEMBER 4TH, THE CITY REJECTED THE DRAWING FEBRUARY.
HIM MAY, THE STRUCTURAL ENGINEERS HAVE BEEN COMMUNICATING WITH THE DEVELOPMENT CENTER WITH THE CITY OF AUSTIN, BECAUSE THEY WERE ASKING FOR SPECIFIC INFORMATION ON THE DRAWINGS.
ON MAY 13TH, WE RECEIVED THE DRAWINGS FROM THE ENGINEERS.
WE SUBMITTED AGAIN THROUGH THE DIGITAL FORMAT WITH THE CITY OF AUSTIN ON MAY 19TH.
THEY REJECTED BOTH OF THE, THE DRAWINGS AND WE ALSO RESUBMITTED ON JUNE 16TH, ANOTHER SET OF DRAWINGS, SO WE CAN START THE OKAY.
CONSTRUCTION ON BUILDING 10 AND 11.
AND HAVE YOU SUBMITTED ANY PERMITTING DOCUMENTS FOR BUILDING NUMBER 22? I'M BUILDING NUMBER 22, REVEALING ALL THE ITEMS ON THERE WERE SIX ITEMS LISTED.
WE WILL NEED TO GET THE STRUCTURAL ENGINEER OUT ON THE FAR SIDE ABOUT THE SUPPORT BEAM.
THE STRUCTURAL ENGINEER INFORMED US.
ALL WE NEEDED TO DO WAS INSTALL A PLATE AND THEN HE WOULD PROVIDE US THE LETTERS.
UM, AND HE RE I NEED HIM TO COME BACK ON THE SECOND SET, UH, ON THE OTHER SIDE TO SEE IF THAT AREA IS ACTUALLY STRUCTURALLY SOUND.
IF IT'S STRUCTURALLY SOUND, WE'LL SUBMIT THE ENGINEER'S LETTER.
IF NOT, THEN WE WILL SUBMIT FOR THE PERMIT IMMEDIATELY.
AND DO YOU HAVE ANYTHING ELSE TO ADD OR WOULD YOU LIKE TO, YOU DON'T KNOW IF YOU'RE, IS IT REMODEL SHAWNTA YES.
HE IS THIS, UH, THE CONSTRUCTION COORDINATOR.
AND, UM, THIS IS MY MANAGEMENT THOUGH.
ONCE THE APPROVAL COMES IN AND WE ARE READY TO GO TO START THE PROJECT IMMEDIATELY.
AND HOW, HOW LONG DO YOU ESTIMATE THE REPAIRS TO TAKE ONCE WE START ROLLING.
OH, SO DO YOU DO TO COMPLETE THE PROJECT ONCE THE PERMIT APPROVED, BUT YOU STILL, WHERE YOU HAVE TO GET A PERMIT TO REPAIR THE STAIRS ON BUILDING NUMBER 22, NUMBER 22, ALONG WITH THE UNIT.
AND WE'LL BE AGAIN, AND IF IT IS IT TUESDAY OR WEDNESDAY FOR OTHER FARMERS, AND WE ARE GOOD TO GO WITH THAT ONCE IT'S REQUIRED
[01:50:01]
THE FARMERS.SO WE PULLED UP FARMERS FOR THAT AND WE'LL BE WORK SIMULTANEOUSLY.
ARE YOU READY FOR ME TO OPEN THIS UP TO THE OTHER COMMISSIONERS FOR QUESTIONS? YES, PLEASE.
UM, COMMISSIONERS QUESTIONS FOR THE OWNER REPRESENTATIVES.
THE OWNER REPRESENTATIVE SAY WHY THE PREVIOUS PERMIT APPLICATIONS WERE REJECTED.
WHAT WAS WRONG FROM WHAT I COULD GATHER FROM THE NOTES, THEY WANTED MORE SPECIFIC DETAIL AS FAR AS, UM, THE TYPE OF WOOD THAT THEY WERE USING, THE TYPE OF MATERIAL.
THEY WANTED MORE DETAIL ABOUT THE COMPOSITE OF ALL THE MATERIALS, THE LVL.
IT WASN'T THE ACTUAL DRAWING ITSELF.
THEY WANTED MORE DETAILS AS FAR AS INFORMATION FOR THE PRODUCT THAT THEY WERE USING.
DO OTHER COMMISSIONERS HAVE QUESTIONS? YEAH.
ONE, UM, BASED ON THE FACT THAT THE FIRE MARSHALL HAS RAISED CONCERNS ABOUT THIS AND THAT, UH, UH, THIS IS A REPEAT OF A CODE, THIS REPEAT OFFENDER PROPERTY AS WELL.
YES, THEY ARE IN THE REPEAT OFFENDER PROGRAM SINCE MARCH OF 2016.
THAT'S WHAT I GOT TO REPEAT OFFENDER.
WE GOT REAL CONCERN FROM THE FIRE MARSHALL, UM, AND, UH, WE DROPPED SOME, SOMEWHERE ALONG THE LINES OF THE PERMITS, GOT THE BALL, GOT DROPPED AND UNDERSTANDING WHAT IT RECORDED.
WHAT'S REQUIRED TO FILL OUT THE PERMIT.
UH, SO, UH, MY QUESTION TO THE OWNER'S REPRESENTATIVE IS, IS, UM, WHY SHOULD WE, UH, PROVIDE ANY TYPE OF, UH, RELIEF ON THIS ONE? AND WE'RE TALKING ABOUT IT WHEN THE FIRE MARSHALL TELLS ME HE'S GOT A CONCERN, UM, THAT'S, THAT'S PRETTY COMPELLING TO ME.
IF YOU LOOK ON THE CITY, UM, AUSTIN, THE CITY OF AUSTIN'S PERMIT SEARCH, YOU'LL SEE THAT WE SUBMITTED FOR A REVISION OF THE INFORMATION THAT THEY REQUESTED ON JULY, JUNE 16TH.
WHAT, UM, ONCE THE APPLICATION, THE PERMIT HAS BEEN APPROVED, THEN WE HAVE ALL THE MATERIALS TO START IMMEDIATELY.
IF YOU ALSO LOOK AT THE EXTRA SUPPORT BEAMS ON BUILDING 11, WHEN THIS ALL HAPPENED, WE HAD THIS STRUCTURAL ENGINEER COME OUT, MAKE SURE THAT OUR BRACES WERE OUR BRACES WERE PART.
WE HAD ENOUGH BRACES TO MAKE SURE THAT THAT AREA STRUCTURALLY WAS SOUND UNTIL WE CAN MAKE THE NECESSARY REPAIRS.
WE HAVE ALL THE PRODUCTS PURCHASE.
WE'RE JUST WAITING FOR THE APPROVAL.
ONCE WE RECEIVE THE BUILDING PERMIT AND THE APPROVAL TO BEGIN THE CONSTRUCTION, WE WILL START IMMEDIATELY.
UM, SHE, UH, I UNDERSTAND THAT THE, THERE WERE SOME TEMPORARY SHORING, HOWEVER, THERE'S NO EMERGENCY BUILDING PERMIT IN THE SYSTEM TO REFLECT THAT THAT EMERGENCY SHORING WAS DONE CORRECTLY.
UM, AND ALSO THE, IN THE, THE PLAN REVIEW THAT WAS SUBMITTED HAS THE COMMERCIAL BUILDING PLANS REJECTED IN NOVEMBER OF 2019.
THE STRUCTURAL REVIEW PLANS REJECTED NOVEMBER OF 2019 COMMERCIAL BUILDING PLANS AND STRUCTURE REVIEW REJECTED MAY 20TH OF 2020.
IF YOU WOULD ALSO LOOK, THERE'S ALSO ON JUNE 16TH, THAT IT'S STILL OPEN FOR UNDERNEATH REVIEW.
THEY WERE REQUESTING A SEPARATE DOCUMENTATION OF SPECIFIC SPECIFICS THAT THEY WANTED ON THE DRAWINGS.
THEY ALSO WANTED IT ON A LOOSE LEAF PIECE OF PAPER, WHICH WE'VE ALREADY SUBMITTED BACK TO THE BUILDING REVIEW.
[01:55:01]
PER COMMERCIAL CODE FOR THE EMERGENCY SHORING THAT WAS DONE ON PROPERTY.AND, UM, I KNOW THINGS CAN SOMETIMES TAKE A MADDENINGLY LONG AMOUNT OF TIME WORKING THEIR WAY THROUGH PERMITTING WITH THE CITY OF AUSTIN AND THINGS DO SOMETIMES GET LOST, BUT THAT IS A LONG TIME BEFORE THERE WAS ANY RESPONSE BACK TO THE CITY.
IF YOU WERE JUST GETTING THE COMMENTS BACK AGAIN IN MAY OF 2020 IS A REALLY LONG TIME AND I THAT, UM, YOUR DESIGN TEAM, PERHAPS LET YOU DOWN ON THIS MA'AM UM, I SPOKE TO THE STRUCTURAL ENGINEER COMPANY THAT WE RETAIN, WHICH IS THE RONDO GRAPES FROM FEBRUARY THROUGH MAY.
THEY WERE TRYING TO CONTACT THE CITY OFFICIALS AT THE, UM, MR. PONT.
I BELIEVE THAT THE COORDINATORS THAT REVIEW THE BLUEPRINT TO GET MORE INFORMATION ON THE INFORMATION THAT THEY WERE REQUESTING, I BELIEVE WHEN THEY WERE LOOKING AT THE INFORMATION, THEY WERE TRYING TO CONVERT EVERYTHING TO A GREEN PROPERTY, WHICH THAT PROPERTY IS NOT CONSIDERED A GREEN PROPERTY.
SO FROM THE TIME THAT THEY'VE COMMUNICATED FROM FEBRUARY ALL THE WAY TILL THE MIDDLE OF MAY, WHEN THEY GOT THIS SPECIFIC INFORMATION, WHAT THE CITY WAS LOOKING FOR, AS FAR AS SUBMITTING THE, THE PLAN AND THE DRAWINGS AND WHAT WAS NEEDED, THEY DELIVERED IT TO US.
I THINK I WOULD HAVE TO ASK WHAT WAS HAPPENING BETWEEN NOVEMBER AND FEBRUARY.
I WAS JUST INHERITED THIS PROPERTY AS OF MONDAY.
I CAN JUST GO OFF OF MY NOTES.
UM, I DON'T KNOW WHAT COMMUNICATION, WHAT WAS GOING ON BETWEEN, UM, YOU KNOW, FROM THE HOLIDAYS TO FEBRUARY, I JUST KNOW FROM FEBRUARY TO MAY.
AND WE DO APPRECIATE YOU BEING HERE.
UM, SO WE HAVE TO DEAL WITH WHAT WE HAVE IN FRONT OF US.
ANY OTHER COMMISSIONERS? HAVE QUESTIONS? GO AHEAD.
IS THAT, IS THAT MR. THOMPSON? IT'S WORDY.
UH, IT SEEMS TO ME THAT THERE IS A, UM, CERTAINLY WITH THE, UM, UH, ISSUES ON THE, UH, REPEAT OFFENDERS LIST.
AND I THINK THEY'RE NOT THE OWNERS, WHOEVER THEY MAY BE WAY, WAY, WAY BACK THERE ISN'T, UH, ARE NOT WILLING TO PAY THE MONEY THAT IT TAKES TO GET THE JOB DONE, GET THE PERMITTING DONE, BECAUSE THERE ARE PEOPLE WHO CAN GET PERMITS VERY QUICKLY AND I'M SURE THEY CHARGE MORE, BUT WE HAVE A SITUATION HERE WHERE WE HAVE A FIRE MARSHALL, WHO IS SAYING SOMETHING IS DANGEROUS AND I DON'T SEE HOW WE CAN LET IT SLIDE ANY LONGER.
ANY OTHER QUESTIONS? COMMENTS FROM COMMISSIONERS OR ANYONE READY TO ENTERTAIN A MOTION? OH, I MOVED.
I WILL GO AHEAD AND ADMIT A STAFF EXHIBITS ONE, TWO EIGHT THROUGH TWO C THREE, FOUR, EIGHT THROUGH FOUR C FIVE AND SIX, EIGHT THROUGH SIX C
LET'S DISCUSS OR EVEN BETTER HAVE A MOTION THAT WE CAN THEN DISCUSS
COMMISSIONER STILL SAID, YEAH, YOU HAVE A SECOND MOTION TO CLOSE PUBLIC PUBLIC HEARING.
I'M ACTUALLY, I'M NOT EVEN ENTIRELY CERTAIN.
[02:00:01]
YOU DO.UM, SO IT'S IT'S HOWEVER YOU WANT TO, ALL RIGHT.
ALL IN FAVOR OF CLOSING THE PUBLIC HEARING, SAY AYE.
HEY, ALSO AT THIS TIME WOULD LIKE TO MOVE THOSE FINDINGS CONCLUSIONS AND RECOMMENDED A SECOND.
WHO WAS THE SECOND? WAS THAT COMMISSIONER GREEN? YES.
MA'AM
I'M VERY CONCERNED ABOUT THE STAIRWAY IN BUILDING NUMBER 22 IN PARTICULAR, I'M ALMOST TO THE POINT WHERE I'D LIKE TO ORDER THAT THE UNITS, THE DWELLING UNITS, THE EIGHT UNITS THAT ARE SERVED BY THOSE STAIRS BE VACATED.
SO I SUPPOSE DOES NEXT BEST IS JUST LET'S GET IT DONE AS FAST AS POSSIBLE.
I HAVE A MOTION TO, UH, ADOPT CITY RECOMMENDATIONS AND I THINK THAT'S, THAT'S ALL WE CAN DO.
I THINK WE SHOULD JUST CALL IT A BOAT.
SO THE MOTION IS TO APPROVE STAFF'S RECOMMENDED ORDER, WHICH IS 45 DAYS TO GET ALL THE PERMITS, DO ALL THE REPAIRS AND ON THE 46 DAY, IF IT IS NOT COMPLETE, THEN THE FINES WILL START TO ACCRUE ALL IN FAVOR, SAY AYE, ANY OPPOSED?
NOW, WHEN DOES THE POST
THAT ASKED UNANIMOUSLY, UM, MR. CAR, WOULD YOU LIKE ME TO READ THAT FOR THE RECORD OR FOR THE
SO, UM, YES, SO TO CONFIRM, AND WHEN WE TOOK THESE ALL FOR DISCUSSION AS THE SAME ORDER FOR ALL, BUT ONE OF THOSE ORDERS DID ACTUALLY REQUIRE THAT THE STAIRS BE SECURED.
SO SECURED IMMEDIATELY
UM, AND ON THE SO OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL SITE OF VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, ASSESS A CIVIL PENALTY OF $1,000 PER WEEK, THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REPAIRS REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE.
SO FOR SECURING THE STAIRS, IS THERE A SPECIFIC TIMELINE FOR THAT AS WELL? THERE IS NOT.
THE TIMEFRAME WOULD FALL UNDER THE 45 DAYS, UNLESS YOU WOULD LIKE TO AMEND THE ORDER AND GIVE A DIFFERENT TIMEFRAME FOR THE STAIRWELL TO BE SECURED FOR BUILDING 22
WHAT ARE YOUR THOUGHTS ON AMENDING THE ORDER TO HAVE A TIMELINE FOR SECURING THE STAIRS? AND THIS WOULD BASICALLY BE BARRICADING IT SO THAT NO ONE COULD USE THOSE STAIRS UNTIL THEY ARE REPAIRED.
I WOULD SAY THEY COULD PROBABLY GET THAT DONE WITHIN A COUPLE OF WEEKS.
I'D LIKE TO MAKE THAT A REQUIREMENT AND A, JUST A HISTORICAL PERSPECTIVE HERE IN AUSTIN.
WE'VE HAD ISSUES WHERE STAIRS AND BOUNDARIES HAVE FALLEN DOWN, UH, WHILE PEOPLE HAVE BEEN IN, UH,
[02:05:01]
APARTMENTS.SO, UH, UH, THIS IS NOT UNHEARD OF HERE IN AUSTIN TO FALL APART.
SORRY, JUST TO CLARIFY, IS THAT 14 DAYS FROM TODAY OR 14 DAYS? 14 DAYS FROM THE DATE? THAT SOUNDS GOOD.
SO THE MOTION TO AMEND THE ORDER TO MODIFIED MODIFY THE ORDER IS TO ADD A TIME REQUIREMENT TO THE SECUREMENT OF THE STAIRS.
THAT THEY'D BE SECURED WITHIN 14 DAYS FROM THE DATE THAT THE ORDER IS OLD.
AND MR. CARTER SAID THAT WE NEED TO VOTE ON THIS AS A COMMISSION AS WELL.
SO ALL IN FAVOR OF THE YES, CORRECT.
THIS IS FOR BUILDING 22, ONLY WITH THE STAIRS THAT ARE IN NEED OF REPAIR.
SO ALL IN FAVOR OF THE MODIFIED ORDER, SAY AYE.
THE MODIFIED ORDER PASSES UNANIMOUSLY.
AND THANK YOU, COMMISSIONER OGUN, BODIE.
[Item 4]
OKAY.ITEM NUMBER FOUR ON THE AGENDA IS REGARDING CASE NUMBER SEAL 2020, 86, 24 ZERO IN IS REGARDING A COMMERCIAL PROPERTY LOCATED AT 10 70 MOURNS MEADOW BOULEVARD.
ALSO KNOWN AS THE VIBE APARTMENTS TONIGHT, WE WILL BE ADDRESSING THE EXTERIOR BUILDINGS 10 I'M SORRY.
THE EXTERIOR BUILDING 10, THE STAFF EXHIBITS FOR THESE CASES CAN BE FOUND IN THE BOOK IN YOUR GOOGLE DRIVE FOLDER.
THIS CASE IS REGARDING SUBSTANDARD CONDITIONS THAT REQUIRE REPAIR.
PLEASE NOTE THAT THIS PROPERTY IS CURRENTLY REGISTERED WITH THE REPEAT OFFENDER PROGRAM IN YOUR READERS.
YOU'LL FIND THE FOLLOWING EXHIBIT ONE, WHICH CONTAINS THE COMPLAINT CASE HISTORY, A COPY OF THE TRAVEL CENTRAL APPRAISAL DISTRICT RECORD THAT VERIFIES OWNERSHIP THEN NOTICES OF VIOLATION, NOTIFY NOTICES OF HEARING AND POSTINGS EXHIBIT TWO WAY THROUGH TO D WHICH CONSISTS OF PHOTOS FOR EACH OF THE CASES REPRESENTED AS WELL AS CODES RECOMMENDED ORDER CODE INSPECTOR, PHILLIP BOSLEY IS ASSIGNED TO THIS CASE.
INSPECTOR BOSLEY WILL NOW PRESENT PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO D AND WE'LL DISCUSS THE VIOLATIONS AS THEY ARE DEPICTED IN THE PHOTOGRAPHS INSPECTOR BOSLEY.
GOOD EVENING, MADAM CHAIR AND COMMISSIONERS AGAIN.
I'M SO BOSLEY, THE REPEAT OFFENDER PROGRAM CODE OFFICER CURRENTLY ASSIGNED TO THESE CASES AND HAVE BEEN SWORN IN THE MULTIFAMILY PROPERTY I'M PRESENTING TODAY IS OWNED BY ARCH ARBORS OWNER, LLC, AND ARCH DEL AUSTIN LIMITED LLC.
SHAWN MEG HAVEN, AND THE REGISTERED AGENT IS REGISTERED AGENT SOLUTIONS INCORPORATED.
THE FOLLOWING PROPERTY BEING PRESENTED IS CURRENTLY REGISTERED IN THE REPEAT OFFENDER PROGRAM AND HAS BEEN THERE SINCE SEPTEMBER OF 2018.
THIS PROPERTY IS A TWO STORY COMPLEX, WHICH CONSISTS OF 15 BUILDINGS WITH 226 UNITS.
IF PERIODIC INSPECTION WAS CONDUCTED AROUND SEPTEMBER 20 2019, THESE CASES STILL REMAIN OPEN FROM THE PERIODIC INSPECTION.
LEGAL NOTICE WAS SENT, RECEIVED, AND POSTED TO DATE.
THESE VIOLATIONS REMAIN OPEN AND THE STRUCTURAL MAINTENANCE VIOLATION STILL REMAINS IN DISREPAIR.
STAFF IS RECOMMENDING STRUCTURAL REPAIRS.
I'LL BE PRESENTING THE PHOTOGRAPHS OF THE VIOLATIONS OBSERVED TODAY FOR BUILDING 10 PHOTO TWO, A IT'S EXHIBIT TWO A IS A CONTEXTUAL PHOTOGRAPH OF THE APARTMENT COMPLEX SIGN.
THE VIBE
AND THE CENTER AREA OF THE LANDING IS CRACKED SAGGING AND BOWING DOWNWARD TWO D
AND THE STAIRWAY IS ALSO LEANING IN THE CENTER AREA OF THE LANDING IS CRACKED, SAGGING AND BOWING DOWNWARD.
THAT CONCLUDES MY PRESENTATION AND I'M AVAILABLE TO ANSWER QUESTIONS
AND THOSE DESCRIBED IN THE FINDINGS OF FACT, THE CODE OFFICIAL FOUND THAT THESE STRUCTURES ARE
[02:10:01]
A PUBLIC AND AN ATTRACTIVE NUISANCE WITH SUBSTANDARD CONDITIONS.STAFF ASK THE COMMISSION TO MEET EXHIBIT ONE, WHICH INCLUDES THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AND PHOTOGRAPHS MARKED AS EXHIBITS TWO EIGHT THROUGH TWO D STAFF REQUESTED THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THE FOLLOWING OBTAIN AND FINALIZE ALL NECESSARY PERMITS, REPAIR, ALL CITED VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE.
AND ON THE 46 DAY OF COMPLIANCE HAS NOT BEEN ACHIEVED.
ASSESS, ASSESS A CIVIL PENALTY OF A THOUSAND DOLLARS PER WEEK THAT WILL CONTINUE TO ACCRUE UNTIL THE CODE OFFICIAL DETERMINES THAT THE REQUIRED REPAIRS REQUIRED BY THIS ORDER ARE COMPLETE INTEREST SHALLOW CREW AT A RATE OF 10% PER YEAR FROM THE DATE OF ASSESSMENT UNTIL PAID IN FULL COMMISSIONERS.
ARE THEY OCCUPIED CURRENTLY? YES, MA'AM THEY ARE.
OTHER COMMISSIONERS, OTHER QUESTIONS.
SIMILAR QUESTION ABOUT THOSE STAIRS, HOW SAFE IS IT FOR PEOPLE TO BE WALKING ON THEM RIGHT NOW?
SO OVER TIME THEY COULD COLLAPSE.
YOU CAN SEE THAT THEY WERE LEANING.
UM, THE S THE PHOTO, UH, EXHIBIT TWO D WAS ACTUALLY A CLOSER VIEW OF THE SYMBOL OF THE, THE STAIRWAY BY A UNIT 10 25, BUT IT'S IDENTICAL SAMUEL OR SITUATION TO 10 21, WHICH IS THE OTHER LANDING THAT WAS, UM, A PHOTOGRAPH TO SEE.
UM, IS THE FIRE MARSHALL ON THE LINE STILL? I'D BE INTERESTED IN HEARING WHAT, UH, UM, HIS COMMENT MIGHT BE ABOUT THE STAIRWELLS.
SO I WOULD SAY BASED ON THE TIMING OF IT, I'D SAY RIGHT NOW THAT, YOU KNOW, WORKING AT
ACTUALLY, I GOT PAST ALMOST EVERY DAY.
UM, AND, UH, I LOOKED UP THE, UH, WHEN I SAW THE AGENDA, I LOOKED UP THE, UH, THE OWNERSHIP AND, UH, IT'S ONE OF THESE SITUATIONS WHERE IT'S OWNED BY SOMEBODY THAT'S OWNED BY, UH, AN LLC OWNED BY AN LLC OWNED BY AN LLC.
AND, UH, SOME OF THE OWNERS INVOLVED IN THOSE LLCS, UH, SEEM TO BE, HAVE SUFFICIENT CAPACITY TO MANAGE MULTIPLE BUSINESSES AT THE SAME TIME.
SO, UM, I CONSIDER THAT A SAFETY ISSUE, LIKE THIS IS SOMETHING THAT, UH, IS MORE, UM, UH, THAT EASILY DOWN THERE.
THERE ARE A LOT OF PLAY FOR THESE GUYS.
ALSO, THIS ALSO HAPPENS TO BE RIGHT ACROSS THE STREET FROM OUR GOOD FRIENDS AT COLONY CREEK, THE, UH, FOLKS THAT HAVE BEEN COMING BACK AND FORTH TO US, UH, THREE YEARS
UM, WE DO HAVE A NUMBER OF REPRESENTATIVES FOR THE PROPERTY THAT I BELIEVE ARE ONLINE.
UM, THAT HAS MENTIONED PREVIOUSLY, UH, IF YOU ARE WATCHING THIS, THEN THERE IS, I BELIEVE A 32ND DELAY, BUT IF YOU ARE LIVE ON THE PHONE WITH US, THEN OBVIOUSLY WE'RE HERE ALL LIVE IN REAL TIME.
SO WE SUGGEST THAT YOU DO JOIN US NOW ON THE PHONE.
UH, SO I WILL JUST CALL YOU IN ORDER THAT I HAVE YOU LISTED HERE.
UM, IF YOU WANT TO SPEAK IN A DIFFERENT ORDER, JUST, JUST LET ME KNOW.
SO FIRST I HAVE DAN BENEKE
SO WE HAVE DAN V-NECK, CHRIS MAYS, I'M SORRY.
MY CALL DROPPED CHUCK CUMMINGS.
[02:15:02]
WE DO HAVE SOMEONE WITH US NOW, DAN BENEKE.WOULD YOU LIKE TO GO AHEAD, MR. BENEKE? I WOULD LOVE TO, UM, I CAME LATE TO THE DANCE ON THIS PARTICULAR PROPERTY WITH THE MANAGEMENT COMPANY THAT I REPRESENT, WHICH IS PINNACLE.
I'M THE SENIOR DIRECTOR OF CONSTRUCTION.
UM, I'VE WORKED VERY CLOSELY MR. BOSLEY, UH, AS SOON AS I'VE GOTTEN NOTIFICATION THAT THIS WAS GOING ON, STARTING IN MAY WE EXPEDITED THE PERMIT, UH, TRIED TO GET THAT PERMIT THROUGH PAY THE EXPEDITION FEE SUBMITTED DRAWING.
I HAVE OUR STRUCTURAL ENGINEER ON THE CALL WITH US AS WELL.
WE RETAINED A STRUCTURAL ENGINEER, AN AI PROFESSIONAL AS WELL, SUBMITTED DRAWINGS, UH, AFTER THE SEVEN DAY TURNAROUND.
UH, THE DRAWINGS WERE REJECTED FOR A FEW MORE.
THEY WANTED MORE DETAIL ON SOME OTHER THINGS.
AND THIS HAS BEEN GOING ON SINCE BY THE 17TH.
UH, AS OF TODAY, UH, WE WERE APPROVED ON OUR PERMIT.
WE HAD TO PAY AN ADDITIONAL $384.
UH, THIS MORNING, OUR PERMIT IS ACCEPTED AND ACTIVE AS OF THREE 30 TODAY.
UH, WE'RE READY TO START THIS PROJECT ON MONDAY AND WE REQUIRE 45 DAYS, UH, TO COMPLETE
DO YOU HAVE ANYTHING ELSE TO ADD OR SHALL WE MOVE ON TO NO, MA'AM NOT YET.
NOT THAT I, LIKE I SAY, WE'VE TRIED TO STAY IN VERY CLOSE.
I THINK WE'VE CALLED EVERYBODY IN THE CITY OF AUSTIN, EVEN TRIED TO HAND CARRY INFORMATION IN AS OF EVEN YESTERDAY MORNING AND OBVIOUSLY THE OFFICES ARE CLOSED AND WE'VE MADE EVERY EXPEDITIOUS THING WE CAN DO TO GET THIS DONE.
AND WE ARE READY TO WRAP THIS THING, TIGHTEN AND PUT A BOW ON IT.
THERE WAS A CONTRACT, THERE IS A CONTRACT ISSUE.
THE CONTRACTOR IS ON THE LINE WITH US TODAY.
CHRIS MAYS WITH CPC, AND THEY'RE READY TO GO TO WORK AS OF MONDAY.
ACTUALLY, I WAS GOING TO SEE IF, IF CHRIS MAYS WOULD LIKE TO SPEAK NEXT.
SO IF SO IN THE INTEREST OF TIME, I'LL CHIME IN BRIEFLY AND JUST WANTED TO STATE THAT WE ARE SCHEDULED TO STAGE AND HAVE A QUICK INSTRUCTION MEETING ON MONDAY AND CONFIRM WHERE THE ATTENDANCE OF THOSE UNITS THAT WE CAN WORK AROUND THEIR SCHEDULES AND THEIR NEED FOR ACCESS TO THOSE UNITS.
BUT WE ARE, UH, WE'VE GOT LABOR IN TOWN.
UNLESS YOU HAVE ANYTHING ELSE TO ADD CHRIS MAYS, UM, IS THERE AN ERIC MILLER ON THE LINE?
I DON'T BELIEVE THAT MR. MILLER.
AND DO WE KNOW IF CHUCK CUMMINGS IS ON THE LINE?
HE HAS OUR STRUCTURAL ENGINEER THAT STAMPED THE DRAWINGS ON THE ARCHITECTURAL AND THE STRUCTURAL
WELL, LET'S, UH, PERHAPS WHAT WE GIVE HIM A MINUTE TO UNMUTE, UM, DO THE COMMISSIONERS HAVE QUESTIONS FOR DAN BENEKE AND CHRIS MAYS?
UH, CHUCK CUMMINGS, IF YOU ARE STILL ON THE LINE AND YOU WOULD LIKE TO ADD TO THE TESTIMONY, PLEASE, PLEASE GO AHEAD.
I THINK WE PROBABLY HAVE LOST HIM ALSO ALONG THE WAY HERE.
WE'RE ALL STRANGE TIMES RIGHT NOW.
CAN YOU SHOW THAT PERMIT NUMBER ON FILE AT THIS POINT, IT'D BE AN ACTIVE, I THINK MR. IF WE GAVE IT TO ME AFTER BOSLEY TODAY, AND HE KNOWS THE PACKET AS WELL, BUT I THINK HE PROBABLY SUBMIT THAT TO THE COURT AS WELL.
UH, THE CODE OFFICER, UM, MR. BURNETT IS CORRECT AT, UH, I DID VERIFY, UH, LATE THIS AFTERNOON THAT THAT, UH, PERMIT IS ACTIVE AND WAS ISSUED THIS AFTERNOON.
AND THE PERMIT NUMBER IS TWO ZERO TWO ZERO DASH ZERO NINE ONE FIVE FIVE ONE BP, WHICH
[02:20:01]
IS BUILDING PERMIT.BUT YES, MA'AM, IT IS OUR, SIR.
IT IS ACTIVE AS OF THIS AFTERNOON.
WELL, I WILL GO AHEAD AND ADMIT THE STAFF EXHIBITS THAT I STARTED TO TRY TO ADMIT A LITTLE WHILE AGO.
UM, EXHIBITS ONE AND TWO EIGHT THROUGH TWO D
DO YOU HAVE ANY FURTHER QUESTIONS FOR CITY STAFF OR THE PROPERTY REPRESENTATIVES?
WOULD ANYONE LIKE TO, UM, MAKE A MOTION?
UH, I RECOMMEND THAT WE ADOPT THE STAFF'S RECOMMENDATION.
THANK YOU, COMMISSIONER PERSONNEL.
IS THERE A SECOND? I'LL SECOND.
MANGRUM
THAT WAS THE BACKGROUND NOISE.
I WAS JUST CALLING THE QUESTION.
YES, I CAN DO THAT ALL IN FAVOR OF ADOPTING THE STAFF'S RECOMMENDED ORDER, UM, SAY AYE.
HEARING NONE THAT PASSED UNANIMOUSLY UNANIMOUSLY.
UH, I WILL GO AHEAD AND READ THE
SO OBTAIN AND FINALIZE ALL NECESSARY REPAIR ALL SIDE OF VIOLATIONS WITHIN 45 DAYS FROM THE DATE, THE ORDER IS MAILED REQUEST INSPECTIONS FROM AUSTIN CODE TO VERIFY COMPLIANCE AND ON THE 46 DAY, IF COMPLIANCE HAS NOT BEEN ACHIEVED, AS I SAID, WILL 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.
UM, THANK YOU FOR YOUR TIME, ALMOST EVERYONE.
[Item 5]
BELIEVE WE ARE READY TO MOVE ON TO AGENDA ITEM NUMBER FIVE.WE'RE GOING TO MOVE ON TO THE DISCUSSION AND POSSIBLE ACTION ITEMS AND I WILL PASS IT OVER TO OUR VSC COORDINATOR, MELANIE ALLIE.
AS A NUMBER FIVE IS DISCUSSION AND PLANNING REGARDING THE ANNUAL INTERNAL REVIEW REPORT.
UM, FOR ANYONE WHO'S BEEN ON THE COMMISSION FOR OVER A YEAR, THIS IS SOMETHING WE GET TO DO EVERY YEAR.
AND, UM, THE LAST COUPLE OF YEARS, LAST COUPLE OF YEARS, IT HAS BEEN A FAIRLY STRAIGHTFORWARD REPORT.
AND I BELIEVE WE DO HAVE THE EXAMPLE OF LAST YEAR'S REPORT IN OUR READERS.
IF ANYONE WOULD LIKE TO TAKE A LOOK AT THIS, UM, CHAIR, THIS IS MELANIE, UH, THE MICROPHONE THAT I WAS TRYING TO USE THE BATTERY'S DEAD.
YES, WE CAN JUST BARELY HEAR YOU COORDINATOR ELLIE.
UM, UH, CAN YOU HEAR ME BETTER NOW? YES, MUCH BETTER.
SO THE BA THE MICROPHONE I WAS USING, THE BATTERY WAS DEAD.
UM, WE DO HAVE, WE CAN PUT IT UP ON THE SCREEN ALSO.
UM, LAST YEAR'S WE CAN, WE'VE GOT LAST YEAR'S REPORT THAT WE SUBMITTED, OR WE CAN SHOW YOU A TEMPLATE
[02:25:01]
GOALS AND OBJECTIVES FOR THE NEXT YEARSO, UM, WELL I CAN TRY AND REPEAT WHAT I THINK I HEARD
WOULD YOU LIKE TO DO THAT OR JUST LOOK AT IT ON YOUR COMPUTERS? CAN YOU HEAR ME? I CAN HEAR YOU, I GUESS.
I MEAN, I HAVE NO PROBLEM PULLING IT UP ON THE READER, BUT, UH, DO OTHER COMMISSIONERS, WOULD IT BE HELPFUL TO HAVE MISS ALLIE ACTUALLY PULL IT UP ON THE SCREEN?
IS THIS THE CORRECT DOCUMENT CHAIR? I HAD TO CHANGE MY, I WENT AND CHANGED MICROPHONES AGAIN.
SO WHAT YOU'RE LOOKING AT IS OUR LAST YEAR'S REPORT.
AND WHAT I WOULD PROPOSE IS THAT WE DO WHAT WE DID LAST YEAR, WHICH WOULD BE TO, UM, WE WOULD PREPARE THE REPORT.
IF YOU COULD COME UP WITH SOME GOALS AND OBJECTIVES THIS MONTH, THEN NEXT MONTH I COULD BRING, UH, THE WE'RE FINISHED REPORT MINUS THE CHANGES FROM NEXT MONTH'S MEETING, WHICH WOULD BE SOME ADDITIONAL NUMBERS THAT WE WOULD NEED TO ADD INTO THE REPORT.
AND THEN WE COULD FINALIZE IT, UM, AFTER THE MEETING.
SO IF, IF WE GO WITH THAT, IF WE TAKE THAT ROUTE, THEN REALLY THE THING WE WOULD NEED TO DISCUSS TONIGHT, IT WOULD BE THE GOALS AND OBJECTIVES.
THE VERY LAST PORTION OF THIS
UM, SO YOU KNOW, I'M NEW, BUT I WONDER IF WE COULD ALSO SUGGEST THINGS TO ADD TO EITHER ITEMS ONE OR TWO ON THE LIST.
WHAT DO YOU HAVE IN MIND? UM, WELL, I JUST THOUGHT IF POSSIBLE IT WOULD BE GOOD TO PUT A LITTLE BIT MORE DETAIL ON THE TYPES OF CASES WE HEARD.
DID WE HEAR RELATED TO SHORT TERM RENTALS? HOW MANY CASES DID WE HEAR THAT WERE REPEAT OFFENDER PROPERTIES? UM, KNOW HOW MANY CASES DID WE HEAR WHERE THERE WERE DANGEROUS CONDITIONS OR THE DANGEROUS CONDITIONS CODE WAS AN ISSUE? I WAS JUST THINKING TO THE EXTENT POSSIBLE KIND OF BREAKING DOWN THE DIFFERENT TYPES OF THINGS MIGHT BE HELPFUL TO SEE HOW, SEE HOW MUCH TIME WE SPEND ON DIFFERENT THINGS.
AND, AND THEN ALSO THINKING ABOUT IF THERE ARE ANY ACTIONS RELATED TO THOSE OTHER CATEGORIES, UM, LIKE WHETHER OR NOT THERE WERE FEES ASSESSED AND COLLECTED, UM, YOU KNOW, WHAT, THE OUTCOMES OF THOSE KINDS OF, OF STR CASES, WHERE WERE LICENSES REVOKED OR GRANTED, AND JUST LIKE THAT, ARE YOU THINKING OF LIKE A TOTAL AMOUNT OF FEES FOR THAT ENTIRE CATEGORY? UM, YES.
WELL, IT COULD BE HOW MANY, OR HOW MANY CASES WERE FEES COLLECTED AND THEN THE TOTAL AMOUNT OR SOMETHING LIKE THAT.
I PERSONALLY, I'D LIKE TO GET A SENSE OF HOW OFTEN THESE ARE COLLECTED AND WHAT'S THE SCALE OF THAT, OR IS IT JUST, YOU KNOW, KIND OF A MINOR IRRITANT TO REPEAT OFFENDERS OR ARE WE, IS IT HAVING SOME IMPACT, UM, AND ALSO JUST A SENSE OF HOW MANY REPEAT OFFENDERS OR CASES ARE WE WORKING ON AND HOW MANY OF THEM GET RESOLVED? SO ALL KNOW THOSE ARE MY THOUGHTS COMING TO THIS NEW, THOSE ARE JUST KIND OF QUESTIONS THAT IT SEEMS LIKE IF WE BROKE IT, IF WE BROKE OUT A LITTLE BIT MORE INFORMATION, IT MIGHT HELP US ANSWER SOME QUESTIONS ABOUT THAT.
IT MIGHT BE HELPFUL TO COUNCIL AS WELL.
I THINK THOSE ARE EXCELLENT POINTS.
UM, MELANIE, FROM STAFF'S POINT OF VIEW, IS IT POSSIBLE TO, I MEAN, CERTAINLY CERTAINLY.
WE CAN DEFINITELY BREAK IT DOWN MORE.
[02:30:01]
I GUESS WHAT I'M WONDERING TOO, THERE'S A DIFFERENCE BETWEEN POSSIBLE AND WHAT'S, YOU KNOW, IS THIS ADDING 20 HOURS OF WORK FOR SOMEONE OR IS THIS EASILY ACCOMPLISHED TO BREAK IT DOWN FURTHER WHERE WE HAVE THE DATA WHERE YOU WOULD JUST HAVE TO PUT IT TOGETHER? SO NOW WE CAN CERTAINLY DO THAT.YEAH, I WOULD JUST, I ALSO, UM, YOU KNOW, THE, THE ISSUE OF DANGEROUS CONDITIONS, I JUST, TODAY I WAS SKIMMING THROUGH THE BYLAWS AND ALL THE OTHER BACKGROUND STUFF, TRYING TO BECOME A LITTLE MORE FAMILIAR BEFORE THE MEETING.
AND IT, IT DID SEEM LIKE THERE'S SOMETHING CALLED THE DANGEROUS CONDITIONS CODE.
UM, I'M PARTICULARLY CONCERNED ABOUT CASES LIKE WE HEARD THIS EVENING WHERE, YOU KNOW, THERE'S, THERE'S, UM, YOU KNOW, WE, WE SAID A STAIRWAY NEEDS TO BE BLOCKED OFF.
THERE'S AN ISSUE WE'RE CONCERNED ABOUT POSSIBLE FIRE OR UNITS ARE VACATED BECAUSE A WHOLE STACK OF THEM MIGHT FALL DOWN.
SO I THINK IT WOULD BE REALLY USEFUL AND IMPORTANT TO UNDERSTAND HOW MANY SUCH CASES COME BEFORE US.
SO IF THAT'S INFORMATION THAT COULD, THAT STAFF COULD PUT TOGETHER, W SO IS IT, IS IT FAIRLY REASONABLE TO BREAK IT OUT INTO THE DIFFERENT CATEGORIES LIKE THAT, OR KIND OF THAT INFORMATION WE HAVE READILY AVAILABLE? SOME WE'LL HAVE TO DO A LITTLE RESEARCH INTO THE CASES, BUT, UM, WE CAN CERTAINLY DO THAT FOR YOU IF YOU'D LIKE TO HAVE THAT INFORMATION.
I THINK THAT SOUNDS LIKE A GREAT IDEA AND REALLY APPRECIATE THE OKAY.
AND AS LONG AS YOU'RE TALLYING HOW MANY HOURS, IT WOULD ALSO BE GREAT TO KNOW WHAT HAPPENED WITH THOSE DANGEROUS CASES OR REPEAT OFFENDER CASES.
UM, SO KNOW WHAT THE OUTCOME IS, ANY SORT OF OUTCOME DATA THAT YOU CAN ATTACH TO THOSE CATEGORIES BE GREAT.
SO, MELANIE, I KNOW WE'RE JUST DISCUSSING AND PLANNING TONIGHT, AND THEN NEXT MONTH WE ACTUALLY NEED TO APPROVE, RIGHT.
SO WE CAN, WHAT I'D LIKE TO DO.
IT'S DUE BY THE END OF JULY, THE, THE REPORT IS DUE AT THE END OF JULY.
SO WE HAVE ONE MONTH TO PUT IT TOGETHER.
UM, SO WHAT I'D LIKE TO DO IS BRING A DRAFT TO THE COMMISSION NEXT MONTH, AND THEN YOU CAN FINALIZE IT WITHOUT, AS LONG AS THE COMMISSION VOTES ON THE, UM, DRAFTS THAT WE PROPOSE NEXT MONTH, THEN YOU COULD FINALIZE THE FINAL NUMBERS BECAUSE WE WILL HAVE SOME ADDITIONAL NUMBERS FROM NEXT MONTH'S MEETING THAT WE'LL NEED TO ADD TO THE REPORT AS IT GOES THROUGH THE END OF JULY.
JOHN GREEN, I GOT A QUESTION FOR STAFF.
UM, STAFF, UM, HAVE YOU SEEN A SIGNIFICANT IMPACT TO HOW YOUR HANDLING BUSINESS AND THEREFORE WHAT WE GET IN FRONT OF US DUE TO THE, UH, THE PANDEMIC? YEAH.
AND I ASKED THIS QUESTION BECAUSE WE'VE HAD, WE'RE HAVING THIS FIRST EVENT NOW, AND IF YOU BELIEVE THE SCIENTISTS AND THE DATA WE'RE GOING TO HAVE POTENTIALLY ANOTHER ONE, POSSIBLY BIGGER AND, UH, THREE TO FIVE MONTHS.
AND I'M WONDERING IF THERE'S SOME IMPACT THAT WE NEED TO CONSIDER, UM, FOR THE UPCOMING YEAR
I DON'T KNOW THE ANSWER TO, I DON'T HAVE THE ANSWER TO THAT QUESTION, BUT THAT'S SOMETHING WE CAN, I CAN GO BACK TO MY DEPARTMENT AND WE CAN PUT SOMETHING TOGETHER TO PROPOSE TO YOU FOR NEXT MONTH.
UM, IT'S HARD FOR ME TO KNOW WHAT THE IMPACT, SORRY.
YEAH, IT'S JUST HARD FOR ME TO KNOW WHAT THE IMPACT WILL BE FROM THE CORONAVIRUS.
UM, WE CERTAINLY WILL BE STILL BE DOING, HAVING REMOTE MEETINGS THROUGH THE MIDDLE OF AUGUST, UM, UNTIL THE GOVERNOR'S NEXT ORDER IS BEEN A REVIEW, YOU KNOW, IT EXPIRES MID AUGUST.
SO FOR NEXT MONTH, AGAIN, WE'LL HAVE A REMOTE MEETING, BUT I, I DID NOT KNOW WHAT THIS, SO THIS IS BRAND NEW CAR SYSTEM ATTORNEY.
UM, WE'RE NOT REALLY POSTED TO DISCUSS THIS.
UM, AS MELANIE MENTIONED, I THINK IT'D BE GREAT TO HAVE IT AS A UPDATE MAYBE AT THE END OF NEXT MEETING.
[02:35:02]
OKAY.I WAS UNDER THE IMPRESSION THAT WE WERE SUPPOSED TO DISCUSS POTENTIAL PLANS.
BUT AS FAR AS NOW, BUT AS FAR AS SUBSTANTIVELY MMM.
ASKING WHAT THE DEPARTMENT'S DOING BASED ON COVID IS, IS A LITTLE BIT OUTSIDE OF, YEAH.
OF WHAT'S POSTED ON THE AGENDA.
BUT IF YOU WANT TO HAVE IT ON, ON THAT REPORT, OR IF YOU WANT TO HAVE IT ON AS AN AGENDA ITEM FOR NEXT TIME, AND THAT WOULD BE APPROPRIATE.
WELL, I MIGHT BE INTO MY I'M INTO MY EYEBALLS UP TO THIS ALMOST 24 SEVEN.
SO I MIGHT BE A LITTLE TOO CLOSE TO THE FIRE, BUT I THINK I'D LIKE TO SEE WHAT THE, LIKE, WHAT WE'RE DOING AS FAR AS POTENTIALLY ANY IMPACT ON HOUSING STOCK.
WE DON'T WANT TO TAKE SOMEBODY OUT OF A POTENTIALLY DANGEROUS APARTMENT BECAUSE HERE WE ARE HAVING ONE POTENTIALLY THE HIGHEST SPIKE OF THE UNITED STATES DURING THE WHOLE, UH, UH, PANDEMIC UP TO THIS POINT IN TEXAS.
SO I HAVE A HARD TIME BELIEVING THAT THERE ISN'T SOME IMPACT.
AND IF THERE ISN'T, YOU KNOW, GOD BLESS.
I THINK THAT SOUNDS LIKE A GOOD ITEM TO PUT ON THE AGENDA FOR A LARGER DISCUSSION FOR NEXT MONTH.
I THINK THAT IT'S PROBABLY A LITTLE TOO BIG TO TRY AND QUANTIFY IT IN THE ANNUAL REPORT.
UM, WE MAYBE DON'T KNOW ALL THE IMPACTS YET, BUT I AGREE.
THAT'S NOT GONNA KNOW ABOUT THE IMPACTS UNTIL NEXT YEAR WHEN WE LOOK BACK AND SEE WHAT HAPPENED.
SO ARE WE ACTUALLY ASKING FOR A REPORT OR WE'RE JUST ASKING FOR A DISCUSSION STAFF INPUT ON, ON THE SUBJECT AND WE CAN TAKE IT FROM THERE.
AND IF IN THIS PARTICULAR, UH, DOMAIN THERE ISN'T A SIGNIFICANT IMPACT, HEY, I'M FINE WITH DROPPING IT.
BUT IF THERE IS A SIGNIFICANT IMPACT, I'D LIKE TO CAPTURE THAT.
IF IT MAKES SENSE IN THE OTHER MEMBERS OF THE COMMISSION AGREE
SO WE'RE JUST A LITTLE BIT AHEAD OF OURSELVES.
WE'LL DEFINITELY, LET'S ADD THAT ON THE FUTURE AGENDA ITEMS, WHICH IS THE NEXT, NEXT ITEM ON OUR CURRENT AGENDA.
THANK YOU FOR BRINGING THAT UP.
WE CAN GIVE THAT A SHOT AND I THINK THAT'S KIND OF WHAT THE FRAMEWORK WOULD LIKE TO SEE IF IT MAKES SENSE AT ALL NEXT NEXT MONTH.
AND THEN I'M LOOKING BACK AT SOME OF YOUR GOALS AND OBJECTIVES FROM LAST YEAR, YOU HAD COORDINATED BUILDING AND STANDARDS, COMMISSION RETREAT.
UH, YOU HAD PRIORITIZE HEARING OLD CASES OR REPEAT OFFENDER PROGRAM CASES, WHICH INCLUDES SUCH CASES ON THE REGULAR BSE AGENDA.
UM, FOR 2017 AND 18, YOU ALSO HAD, I GUESS YOU HAD THOSE SAME TWO OR THREE, UM, GOALS AND OBJECTIVES.
YOU ALSO SAID YOU WOULD ATTEMPT TO INCREASE THE NUMBER OF CASES HEARD BY THE COMMISSION, WHICH I THINK WE HAVE DONE IN THE LAST YEAR OR SO.
THOSE ARE JUST SUGGESTIONS OR THINGS THAT YOU'VE, UH, PUT, UM, AS GOALS AND OBJECTIVES IN THE PAST.
HOPEFULLY WE'VE MADE GOOD PROGRESS ON THOSE.
AND, UH, AND YES, AND I WOULD LIKE TO ADD THE GOAL AND I'M NOT QUITE SURE HOW TO FRAME IT YET, BUT, UM, THE GOAL THAT MR. GREEN BROUGHT UP, WHICH WOULD BE TO BEGIN TO REALLY TRACK HOW COVID-19 HAS IMPACTED,
THAT WAS MY QUESTION TO YOU WAS ABOUT TO BE, HOW DO YOU WANT TO FRAME THAT? BECAUSE DO YOU WANT IT, HOW IT AFFECTS THE BUILDING AND STANDARDS COMMISSION OR, UM, NARROW VERY NARROW.
WELL, WE CAN BEGIN WITH, HOW DOES IT IMPACT THE BUILDING STANDARDS COMMISSION? THAT'S A NO, AND WE CAN NARROW IT FROM THERE.
SO ANY, ANY OTHER COMMENTS ON THE REPORT?
[02:40:04]
I THINK MY COMMENT, MY COMMENT IS JUST THANK YOU TO STAFF FOR PUTTING THIS TOGETHER EACH YEAR.UM, I MEAN, EVEN IF YES, THE BULK OF THIS REPORT IS PUT TOGETHER BY STAFF AND THAT IS REALLY APPRECIATED.
[Future Agenda Items]
OTHER COMMENTS, WE'D GO ONTO, UM, FUTURE AGENDA ITEMS. THAT SOUNDS GOOD.SO WE HAVE ONE IN PARTICULAR, I THINK, WHICH IS JUST TO HAVE THE DISCUSSION ON COVID-19 AND HOW THAT IS IMPACTING THE BUILDING AND STANDARDS COMMISSION.
AND THEN WE'LL HAVE TO REVIEW THIS ANNUAL I'LL HAVE TO BRING THE REPORT BACK NEXT MONTH, A DRAFT SO THAT YOU CAN REVIEW IT.
AND WE DID NOT CONTINUE ANY CASES TONIGHT, DID WE? NO, NO.
ANYTHING ELSE FROM THE COMMISSIONERS, TARA? YES.
UM, SO I GUESS, SO WE SAID THAT THE ITEMS THAT WERE ON THE AGENDA LAST YEAR THAT WE WANT TO CONTINUE ARE THERE WAS SOMETHING ABOUT THE REPEAT OFFENDER PROGRAM, BUT WAS THERE SOMETHING SPECIFIC WE WANTED TO FOCUS ON REGARDING THAT? OH, SO THE, THE GOALS AND OBJECTIVES THAT WE HAD ON LAST YEAR'S ANNUAL REVIEW, UM, THE GOAL THAT YOU'RE MENTIONING IS STAFF WILL PRIORITIZE HEARING OLD CASES AND REPEAT OFFENDER PROGRAM CASES.
EMO INCLUDES SUCH CASES ON THE REGULAR BSC AGENDA, THIS MEETING, BUT IF THEY HAVE, YOU KNOW, 12 CASES AND THEY CAN ONLY FIT EIGHT ON THE AGENDA, THEY'RE GONNA PUSH THE REPEAT OFFENDER PROGRAM CASES ONTO THAT AGENDA FIRST.
UM, I GUESS I'M WONDERING IF US AS, UM, MISSIONERS, IF, IF ANYBODY HAS ANY THOUGHTS ABOUT THINGS WE WANT TO FOCUS ON OR CONCENTRATE ON IN THOSE CASES, IT MAY BE THE ISSUE OF DANGEROUS CONDITIONS OR, UM, I DON'T KNOW.
NO, I MEAN, YOU ALL HAVE MORE EXPERIENCE HEARING THESE YEAR AFTER YEAR.
AND JUST WONDERING IF THERE'S SOMETHING WE COULD BE FOCUSING ON AND MAYBE TELLING ARE THE PEOPLE WHO I'VE APPOINTED US ABOUT, WELL, WE, WE DID HAVE A WORKING GROUP ON THE REPEAT OFFENDER PROGRAM, UM, A FEW YEARS BACK.
AND, UM, ACTUALLY MR. GREEN FOR YOU ON THAT GROUP, I BELIEVE, YES.
MA'AM ANYTHING YOU WANT TO ADD TO THIS DISCUSSION OTHER THAN I THINK THE REPEAT OFFENDER PROGRAM IT'S GREAT THAT IT'S UP AND RUNNING.
UM, YEAH, AT THE TIME I WENT PAST, IT WAS VIEWED AS GETTING HALF A LOAF.
UH, BUT I THINK THAT IT'S BEEN REASONABLY EFFECTIVE.
I THINK WE'RE GOING TO HAVE TO SEE WHAT THE LEDGE DOES DOWN THE ROAD, AS FAR AS THE, UH, SOME OF THE SHORT TERM RENTALS AND, UM, FOLKS TAKING A DIFFERENT VIEWPOINT THAN WHAT THE, UH, UH, THE CITIZENS AND THE CITY COUNCIL PASSED, UH, IT'S EIGHT YEARS AGO.
I JUST WASN'T SURE IF THE CITY, BUT WE DO HAVE UPDATES ON IT, UM, AT LEAST ANNUALLY ON THE PROGRAM AND THERE WAS AN AUDIT OF IT SEVERAL MONTHS AGO.
AND HONESTLY, I DON'T KNOW IF WE EVER HEARD THE RESULTS FROM THAT AUDIT.
IT COULD BE A FUTURE AGENDA ITEM TO HAVE ON THAT.
ACTUALLY THE AUDIT IS STILL ONGOING.
SO I JUST RECEIVED A QUESTION FROM THE AUDITOR'S OFFICE OR MY DEPARTMENT DID, SO I'M SURE WE CAN DEFINITELY KEEP YOU IN THE LOOP AND PUTTING THAT ON THE AGENDA.
WHENEVER IT GETS, IT GETS DONE.
[02:45:01]
ANYONE ELSE HAS OTHER FUTURE AGENDA ITEMS, THEY WOULD LIKE TO DISCUSS, UM, I'M GOING TO TURN THE MEETING.WELL, FIRST OF ALL, WE WANT STAFF AND THEN WE HAD ALSO THE
SO WE'RE NOT ACTUALLY POSTED FOR ACTION TONIGHT, UNFORTUNATELY.
UM, BUT WE, IF YOU HOLD THAT THOUGHT, SO EVEN THAT MOTION FOR NEXT MONTH, THAT'S THAT'S WHEN WE WILL ACTUALLY NEED TO TAKE SOME ACTION ON THIS.
THEY HAVE RIGHT NOW
WE'RE JUST, WE'RE JUST NOT GOING TO HAVE A MOTION ON IT.
ANYTHING ELSE FROM ANY, ANY OTHER COMMISSIONERS? ALRIGHT, I'M GOING TO ADJOURN THIS MEETING.
LET THE RECORD SHOW THAT THE TIME IS 9:19 PM AND THANK YOU EVERYONE.