“We will continue to work through this”

Austin City Council Meeting | March 12, 2009
Meeting Video | March 12, 2009
Closed Caption Log | 3/12/2009

From the pledges that were made (see the transcript of the March 12, 2009 Council meeting, linked or, in part, below) Mayor Pro Tem Martinez’s office possibly has, in fact, been working with Guero’s Engineer Sergio Lazano, who, last Wednesday, received approval on the Site Plan Correction required prior to submitting an application for the Building Permit in question.

Brent Lloyd, of the City’s legal department also pledged to put the staff of the both the legal department and the City Manager’s office behind the effort to address Guero’s difficulties, creating, possibly, new Use Categories, (an original suggestion that I made to City Staff, and initiated work on, with the Planning Commission’s Dave Sullivan, in the Codes & Ordinances subcomitte) to accommodate the Use “Outdoor Music” (currently not in the Code), or, possibly, ways to separate the Restaurant Use from the Outdoor Music Use in a way that does not require the very difficult steps involved in getting a Certificate of Occupancy for Cocktail Lounge Use.

If either these possibilities are true, then why wasn’t Code Enforcement, APD, and the other agencies that make up the P.A.C.E team, informed of the fact that Mr. Lippincott, through his Engineer and Code Compliance “team”, assemble to address the issues at hand, had, in fact received Approval of the Site Plan Correction required, prior to applying for the Building Permit at issue, 2 days prior to the Friday night shut-down and Citation, for “No Building Permit”?

Guero’s was complying with all requirements of a remediation project, and was simply in the middle of the “wait time” normally required for that stage of the Permit process to be completed, prior to proceeding to the next stage.

After the Site Plan Correction was approved, on Wednesday, April 6, the original mylar plans must be pulled from the Archives storage facility, the City schedules an appointment for the  Engineer to go in and make the Corrections to the mylars, and finally, after certifying that all is correct, as reviewed and approved, the Site Plan Correction is finally entered into the AMANDA database,

The Site Plan Correction was issued on Wednesday, and the Code Compliance Citation and shut-down occurred, after hours, on Friday. No one on the PACE team was aware of the approve Site Plan Correction, and when Mr. Lippincoot went to his office, to fetch the documentation that the PACE team deemed necessary, to show proof of progress, and returned, document in hand, the PACE team had disappeared.

Stay tuned, or speak up (Register, Log In, and Reply) if you can fill us in on anything that we are not aware of.

Austin City Council Meeting | March 12, 2009
Meeting Video | March 12, 2009
Closed Caption Log | 3/12/2009

From the meeting log (frequent misspellings and grammatical errors common):
“Those are — those are issues that we’re trying to address and continue to address the movement forward, there’s many discussions and many meetings, over a long period of time and I feel like we have — we have not only the music venue owners and — and places that have live music but we have substantial agreement, unanimous agreement at least, consensus with the neighborhood groups as well. I think it’s an important first step to keep moving forward. Then try to address this lipencott is facing.

I should just go on and do it illegally? [Laughter]

Mayor Wynn: Can we turn the cameras off for a couple of minutes. [Laughter]

if you want to that that lipencott, the fact of the matter is that you have been took it illegally, you don’t have an outdoor music permit right now. (Gary’s note: Now Mayor Pro Tem, then Council Member Martinez was incorrect here. Guero’s has, in hand, the Outdoor Music Venue Permit, allowing a sound level of 85 dB, that was valid at the time of this statement.)

Your office, the police offices and city clerk’s –

I’m not asking you a question, mr. lipencott.

I’m telling you. I have been told –

you [multiple voices]

Mayor Wynn: Let’s let the councilmember finish his comments. I hope — I know that you are frustrated. But I hope that the dialogue that you have seen, the comments specifically by councilmember martinez and i and a couple of others will send a signal, I think sending a signal to staff, i think staff is empathetic and wants to figure out how to enable this and appropriate easiest legitimate way. I assure you that I will continue to work to see that that happens. Councilmember martinez?

Martinez: I don’t know how I can offer any more assurances that I want to help mr. lipencott. Not just him but all of the other venues in our community to continue to operate, continue to have live music. You know — I don’t understand — I understand your frustration, but i don’t understand why you don’t seem like you want to help us get to that point. Your comments don’t speak to that. But I’m glad to work with you. My office has been more than open to working with anybody that’s come forward. I don’t know if upper part of the link music task force meetings that took place and brought these concerns forward to dib rate them, but — deliberate them, but again we will continue to work forward and work with you and bring these issues up and try to address all of the concerns laid out.

Mayor Wynn: I will do my best to finish the meeting early tonight, we will all run down to south congress and enjoy some good music we hope at guerrero’s, thank you, we will continue to work through this.”

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