Approved Minutes — original pdf

Approved Minutes

BUILDING AND STANDARDS COMMISSION MEETING MINUTES Wednesday, August 28, 2024 BUILDING AND STANDARDS COMMISSION REGULAR MEETING MINUTES WEDNESDAY, August 28, 2024 The BUILDING AND STANDARDS COMMISSION convened in a REGULAR meeting on 28 August 2024, at the CITY OF AUSTIN PERMITTING AND DEVELOPMENT CENTER (PDC), 6310 WILHELMINA DELCO DRIVE, ROOM 1405, in Austin, Texas. CHAIR TIMOTHY STOSTAD called the BUILDING AND STANDARDS COMMISSION (BSC) Meeting to order at 6:37 p.m. Commissioners in Attendance: Chair Timothy Stostad, Vice Chair Blaine Campbell, Commissioners: Michael Francis, Luis Osta Lugo, Logan Schugart and Ex Officio Commissioner Chief Stephen Truesdell. Commissioners in Attendance Remotely: Commissioner Christopher Sokol. PUBLIC COMMUNICATION: GENERAL No one appeared before the Commission for Public Communication. APPROVAL OF MINUTES Approve the minutes of the BUILDING AND STANDARDS COMMISSION SPECIAL- CALLED MEETING on August 8, 2024. The minutes from the meeting of August 8, 2024 were approved on COMMISSIONER OSTA LUGO’s motion, COMMISSIONER SCHUGART’s second, with no objections. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. PUBLIC HEARINGS 2. Conduct a public hearing and consider case number CL 2024-067722; Property address: 7501 Blessing Avenue. VICE CHAIR CAMPBELL moved to close the public hearing, COMMISSIONER SCHUGART’s second, with no objections. COMMISSIONER FRANCIS moved to 1. 1  BUILDING AND STANDARDS COMMISSION MEETING MINUTES Wednesday, August 28, 2024 the order is mailed and continuing until compliance adopt the findings of fact, conclusions of law and adopt staff’s recommendation to correct all violations cited to the four civic-use structures within 45 days and to maintain the security of the property to alleviate its attractiveness as a public nuisance until all repairs required by the order are complete, with a civil penalty of $1,000 per week beginning on the 46th day from the date is achieved, COMMISSIONER SCHUGART’s second. The motion passed on an 6-0 vote. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. Conduct a public hearing and consider case numbers CL 2024-076069; Property address: 4909 Eastdale Drive. VICE CHAIR CAMPBELL moved to close the public hearing, COMMISSIONER OSTA LUGO’s and COMMISSIONER FRANCIS’ second, with no objections. COMMISSIONER OSTA LUGO moved to adopt the findings of fact, conclusions of law and adopt City staff’s recommendation for repair of the residential structure, with the amendment that the compliance timeframe be changed from 45 days to 90 days, with a civil penalty of $250 per week beginning on the 91st day from the date the order is mailed and continuing until compliance is achieved, COMMISSIONER SCHUGART’s second. VICE CHAIR CAMPBELL proposed a friendly amendment to include in the order that the property be secured until reaching compliance with the rest of the order. COMMISSIONER OSTA LUGO accepted the friendly amendment. The motion carried on a 6-0 vote. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. Conduct a public hearing and consider case number CL 2024-082038; Property address: 3308 Blumie Street. VICE CHAIR CAMPBELL moved to close the public hearing, COMMISSIONER SCHUGART’s second, with no objections. VICE CHAIR CAMPBELL moved to adopt the findings of fact and conclusions of law and adopt City Staff’s recommendation for repair within 45 days, with a civil penalty of $250 per week beginning on the 46th day from the date the order is mailed and continuing until compliance is achieved COMMISSONER FRANCIS’ second. The motion carried on a 6-0 vote. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. Conduct a public hearing and consider case number CL 2024-085291; Property address: 10507 O Rourk Lane. COMMISSIONER SCHUGART moved to close the public hearing, COMMISSIONER FRANCIS’ second, with no objections. COMMISSIONER SCHUGART moved to adopt the findings of fact and conclusions of law and adopt City Staff’s recommendation for repair within 45 days, and on the 46th day, if compliance is not achieved, assess a civil penalty of $250 the Order are complete. COMMISSONER FRANCIS’ second. The motion carried on a 6-0 vote. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. Conduct a public hearing and consider case number CL 2024-085334; Property address: 11116 Jim Thorpe Lane. the repairs required by that will accrue until 2 3. 4. 5. 6.  BUILDING AND STANDARDS COMMISSION MEETING MINUTES Wednesday, August 28, 2024 VICE CHAIR CAMPBELL moved to close the public hearing, COMMISSIONER SCHUGART’s second, with no objections. COMMISSIONER FRANCIS moved to adopt the findings of fact, conclusions of law and adopt City staff’s recommendation for repair of the residential structure and amend the compliance timeframe from 45 days to 60 days, with a civil penalty of $250 per week beginning on the 61st day from the date the order is mailed and continuing until compliance is achieved, VICE CHAIR CAMPBELL’s second. The motion carried on a 6-0 vote. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. Conduct a public hearing and consider an appeal regarding case numbers CL 2022-031841, CL 2022-031882, CL 2022-031885 and CL 2022-031896; Property address: 8600 N Lamar Boulevard, Buildings A-D (aka Palms on Lamar) VICE CHAIR CAMPBELL moved to close the public hearing, COMMISSIONER FRANCIS’ second, with no objections. VICE CHAIR CAMPBELL moved to adopt the findings of fact, and conclusions of law and order that the civil penalty be reduced to $20,000.00 if paid in full within 30 days from the date the order is mailed, and on the 31st day, if not paid in full, that the remaining portion of the original penalty be reinstated with interest, COMMISSIONER FRANCIS’ second. COMMISSIONER OSTA LUGO proposed a friendly amendment to change the reduced penalty amount to $35,000.00. VICE CHAIR CAMPBELL accepted the friendly amendment. The Commission voted on the motion as amended and the motion failed on a 5-1 vote. COMMISSIONER FRANCIS voted nay. COMMISSIONER FRANCIS proposed a friendly to make the reduced penalty amount $25,000.00, VICE CHAIR CAMPBEL accepted. The Commission voted on the motion as amended, but that motion failed on a 4-2 vote. CHAIR STOSTAD, VICE CHAIR CAMPBELL, COMMISSIONER FRANCIS and COMMISSIONER SOKOL voted aye. COMMISSIONER SCHUGART and COMMISSIONER OSTA LUGO voted nay. COMMISSIONER OSTA LUGO moved to adopt the findings of fact, and conclusions of law and order that the civil penalty be reduced to $30,000 if paid in full within 30 days from the date the order is mailed, and on the 31st day, if not paid in full, that the remaining portion of the original penalty be reinstated with interest. The motion carried on a 6-0 vote. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. Conduct a public hearing and consider case number CL 2024-079002 regarding an appeal of a Notice of Violation. Property address: 12345 Alameda Trace Circle COMMISSIONER SCHUGART moved to close the public hearing, VICE CHAIR CAMPBELL’s second, with no objections. COMMISSIONER SCHUGART moved to deny the appeal, VICE CHAIR CAMPBELL’s second. The motion carried on a 6-0 vote. COMMISSIONER BENIGNO and COMMISSIONER SELIG were absent. 7. 8. FUTURE AGENDA ITEMS There were no future agenda items. 3  BUILDING AND STANDARDS COMMISSION MEETING MINUTES Wednesday, August 28, 2024 VICE CHAIR CAMPBELL’S motion to waive the rules and allow the BUILDING AND STANDARDS COMMISSION to meet after 10 p.m. for an additional 15 minutes, COMMISSIONER SCHUGART’s second, was approved without objection. CHAIR STOSTAD adjourned the meeting at 10:05 p.m. without objection. The minutes were approved at the September 25, 2024 meeting on VICE CHAIR CAMPBELL’S motion, COMMISSIONER OSTA LUGO’S second on a 6-0 vote. COMMISSIONER SCHUGART was absent. 4