[1. Call to Order]
[4. Citizens’ Input]
[00:00:24]
CITIZEN'S INPUT, ITEM FOUR, I HAVE TWO REQUESTS TO SPEAK FORMS, FIRST SPEAKER WILL BE DENISE. ALJUNE.
>> YOU ARE WELCOME TO STAND, OR SIT. EITHER WAY.
>> OKAY. I AM DENISE. >> WHERE IS THE TIME? ? UP ON
THE SCREEN. >> THE LAST FIVE WEEKS THE STRUCTURE AT 6602 WAS TO COME TO APPLIANCE SET BACK OR BE REMOVED, AN ATTACHED ADDITION TO THEIR HOME AND COVERS A BED ROOM WINDOW. TWO VARIANCES WERE DENIED, THISWENT ON DEAF EARS.
IT WAS BUILT WITH NO OVERSIGHT, PERMITS, OR SET BACKS, SIGNIFICANTLY INLARNGED ENLARGED IN 2015. THE STRUCTURE CAUSED FOUNDATION PROBLEMS TO OUR HOMES, CRACKED BRICKS, FENCE DAMAGE, WATER POOLING AROUND AC UNIT. THERE WERE DRAINAGE POLICY STATES ONE ISN'T ALLOWED TO DRAIN ON OUR PROPERTY. THIS HAS BEEN ALLOWED WITH NO INTERVENTION. CITY COUNCIL CANNOT OVERRIDE FROM WATER DAMAGE OR A PASS TO IGNORE TEXAS WATER CODE OR THE LAWS OF CIVIL TRESPASS. THE DAMAGE HAS BEEN DONE. NOTHING IS ALLOWED OVER THE PROPERTY LINE. WE HAVE RIGHTS. THE STRUCTURE CANNOT BE MAINTAINED BECAUSE THAT WOULD BE TRESPASSING, IT IS NOT MAINTAINED. ALL THE ELECTRICAL, WIRING, AND OTHER MECHANICAL IN SPECTION, WHERE IS THE PLAN FOR THE TEXAS LICENSE ENGINEER ATTACHED TO THE APPLICATION? A HOLE INTO THE ROOF SHED AROUND NOVEMBER, 2023, AND LEFT OPEN AND EXPOSED UNTIL 2025. CONCRETE BRICK ON THE ROOF JUNE UNTIL DECEMBER, 2025. YOU ARE SUPPOSED TO WORK FOR ALL THE RESIDENTS, INCLUDING US. SOMETHING IS NOT RIGHT HERE. WHAT AVENUES HAVE YOU CHOSEN TO PROTECTOUR HARDSHIPS AND OUR RIGHTS? THANK
>> NEXT SPEAKER IS HASAN, ALJUNE.
>> YES. WE HAVE BEEN THERE FIVE YEARS, WE HAVE BEEN HAVING A HARD TIME WITH THE NEIGHBOR BEING REALLY RUDE, GIVEN UP, HIS WIFE. I MEAN, BEDROOMS, DUG OUT . ON THE HOUSE YOU CAN SEE, YOU KNOW, WHEN WE DRINKING COFFEE, THIS JUST FACING US.
UNBELIEVABLE. THIS GUY DID A BIDDING WAR. WITHOUT INSTRUCTION SHED. WITHOUT PERMIT. WHEN THE FATHER, DIED, THE MOTHER, DEAD.
HE ENLARGED IT, DOUBLE THE SIZE WITH NO PERMIT, NO INSPECTION, NOTHING. THEY HAVE GIVEN HIM THE PERMIT. I CAN'T EVEN WALK TO MY SIDE YARD. THE WATER IS SO DEEP, MY FEET AND BOOTS JUST SINK IN THE MUD. IF THERE IS A FIRE, THEY CAN'T EXIT THAT SIDE OF
[00:05:02]
THE HOUSE, THERE IS ONLY TWO FEET I HAVE BETWEEN MY AC UNIT AND THEM. I CAN'TS YOU MY LAWN MOWER, I HAVE TO BUY A SMALLER MOWER TO PUSH AROUND THE AREA. ALL THE MATERIAL, LIKE A FENCING MATERIAL, PLASTIC, THE CHIMNEY,YOU KNOW? WE CAN'T GO THROUGH, YOU KNOW, LOOK AT THIS. YOU LOOK AT IT, IT LOOKS REALLY BAD. $800,000 HOUSE, I AM PAYING TAXES. I AM REALLY-- SO MANY TIMES. SOMEBODY IS PUSHING IT TO MAKE IT PASS, OBVIOUSLY. I DON'T KNOW WHO, BUT WE WILL FIND OUT WHAT IS GOING ON.ENOUGH IS ENOUGH. WE CAN'T TAKE IT. IF ANYBODY WOULD ALLOW THAT NEXT TO HIS HOUSE, SHOW ME HIS HOUSE, SOMEBODY NEXT TO HIS HOUSE, READY TO TAPE MY WINDOWS, THE WATER HITS MY WINDOWS, THE BRICK ON HIS ROOFISM YOU KNOW? SIX MONTHS, HE HAD WOOD THAT HIT MY WINDOW TWICE. SENT PICTURE TO EVERYBODY, HOW MUCH THE FLOOD IS, THE WATER, HOW BAD IT LOOKS, TWO AC UNIT IN THERE, TRASH, SIGNS THERE FROM ELECTIONS, AND EVEN IN THE DECK AREA, HE GETS HIS TRAILER, TWO TRAILERS, AND FENCES IS AND CRASH AND WHEELBARROW, JUNK IN THERE, WHICH IS NOT ALLOWED. I SIGNED A CONTRACT, IT IS NOT ABOUT THE DECK AREA, STORAGE BEHIND THE TREES, HE CAN GET NAILS TO THE TREES, SUPPOSED TO BE WITH THE PERMIT. THE WIRE COMING OUT OF THE TREE, COULD CAUSE A FIRE.
>> I WILL NEED YOU TO WRAP IT UP.
>> OKAY. BATHROOM WINDOWS, THAT SHAG, BEDROOM, HE CAN'T ACCESS IF THERE WERE A FIRE. THE HOME DOESN'T LOOK-- CORRECT. I DON'T KNOW IF YOU ARE ON BOARD WITH ME OR NOT. I LEAVE IT TO
YOU ALL. GOD BLESS AMERICA. >> THANK YOU, SIR.
>> THANK YOU. >> LAST SPEAKER THIS EVENING IS
TAYLOR. >> YES. THANK YOU, EVERYBODY.
SEEMS LIKE WE GOT A LOT OF PROBLEMS IN THE CITY. A LOT COME FROM BIG DECISIONS OR VERY WELL COMMUNICATED. IT WAS DUMPED ON US TODAY. IT MAKES NO SENSE, PARKLANDS ARE SUPPOSED TO BE PROTECTED BY THE STATE OF TEXAS, SEEMS LIKE WHOLE SALE CRASH GRAB. WE HAVE TO GO AFTER THE FACT TO TRY TO RESOLVE THESE THINGS. THAT IS IS NOT HOW THIS IS SUPPOSED TO BE DONE. THIS IS SUPPOSED TO BE WELL THOUGHT OUT, PEOPLE NOT ON THEIR PHONES DURING THESE DISCUSSIONS AND IGNORING INPUT. IT IS INSULTING AS VOTERS, IT IS INSULTING TO ME AS A PARENT WHOSE CHILD WILL HAVE TO PAY FOR THESE, MAINTAIN THESE GOING FORWARD, WHEN WE CAN'T EVEN MAINTAIN A PARK THAT WAS JUST FRESHLY RENOVATED. GO AHEAD AND CHECK YOUR INCIDENT CENTER FOR AN ACTION ITEM BY THE DRAINAGE HOSE THAT HAS BEEN DUG UP, DRUG OUT AND REBURIED BY A CITIZEN BECAUSE NOBODY WOULD TAKE ACTION. IT SEEMS LIKE WE ARE ALL INTERESTED IN TAKING ACTION BUT NOT IN THE RIGHT PLACES. WE WANT TO TAKE ACTION ON BUILD AGTOWN HALL, THAT WE DON'T NEED, THIS SEEMS SUFFICIENT, HAVEN'T HEARD OR SEEN ANYTHING WHY THIS ISN'T SUFFICIENT. IT WOULD BE NICE TO KNOW WHY. IF WOULD BE NICE TO KNOW WHY WE THINK IT IS OKAY TO BY-PASS TEXAS STATE LAW PARK PRESERVATION AND CONTINUE TO TAKE AWAY. SOME MAKES SENSE, SOME HAS TO BE DONE. IF IT IS FINANCIAL, LETS TALK FINANCES, THERE WAS ALREADY SUPPOSED TO BE A PARK THERE, BOND APPROVED, WHICH PEOPLE DON'T GET TO CIRCUMVENT ON THEIR OWN ACCORD. WHERE IS THE MONEY GOING? WHERE DOES IS ATTENTION TO DETAIL? WHERE IS THE PROCESS AND PROCEDURE WE ARE SUPPOSED TO FOLLOW? I AM HERE TO TRY TO ENCOURAGE THAT AND ASK WHY WE ARE NOT DOING THAT FOR OURSELVES AND WHY WE ARE RELYING ON CITIZENS TO LOOK AT THESE AND BLING IT TO YOUR ATTENTION WHEN WE HAVE PEOPLE ON PAYROLL FOR A SIGNIFICANT SUM WHO SHOULD BE EXPERTS IN THE MATTER ALREADY, ADDRESSING THEM, ADDRESSING CITIZENS CONCERN, AND POSTING THESE OUT THERE ON THE CITY HALL WALL. I MEAN, THIS MEETING
[00:10:03]
ITSELF IS NOT POSTED OUTSIDE IN VIOLATION HOW MANY OF THESE ARE SUPPOSED TO BE CONDUCTED. ONLY 7:00 IS POSTED. THIS IS ALREADY IN VIOLATION OF PROCEDURES. IT IS ONE MORE EXAMPLE HOW WE KEEP PUTTING THE HORSE BEFORE THE CART AND CONTINUE TO DIG OURSELVES IN THE HOLES. I GET IT, WE NEED A NEW CITY INFRASTRUCTURE, ANIMAL SHELTER, SOME OF THEM MAKE SENSE. IF I WERE TRYING TO GET RID OF ANIMALS, I WOULD PUT THEM NEXT TO A PARK WHERE PEOPLE CAN CHECK OUT A DOG, WALK IT AROUND. THAT MAKES SENSE THERE. A POLICE STATION NEXT TO SCHOOLS, HOUSING ADDITIONS, DOESN'T MAKE SENSE. PUT IT SOMEWHERE CENTRALLY LOCATED, A SPACE ACROSS FROM WALMART, BUY THAT. SPACE HERE ON THE CORNER, BUY THAT LAND. WE KNOW IT WILL COST EXTRA MONEY TO DO THAT. BUT IT IS A MORE ACCEPTABLE SOLUTION THAN SLAMMING EVERYTHING THEY HAVE THERE, ROLLING ALL THE MONEY INTO ONE BIG POT AND HAVING HALF OF IT DISAPPEAR INTO THE EITHER.I AM ASKING FOR MORE ATTENTION, MORE PROCESS, MORE PROCEDURES THOUGHT FOLLOW THE OUTLINES WE ARE SUPPOSED TO AND BETTER COMMUNICATION WITH THE CITIZENS. THAT IS ALL I HAVE.
>> THANK YOU. >> ALL RIGHT. DO WE HAVE ANYONE
[5.A. Discuss and receive a presentation regarding a proposed ordinance regulating donation bins.]
ELSE WHO WISHES TO SPEAK THIS EVENING? ALL RIGHT. WE WILL MOVE TO OUR WORK SESSION ITEM, ITEM 5A, DISCUSS AND RECEIVE PRESENTATION REGULATING DONATION BINS.>> TONIGHT WE ARE HERE BEFORE YOU TO DISCUSS AND RECEIVE FEEDBACK ON A PROPOSED ORDINANCE REGULATING DONATION BINS, INTEREST RECEIVED BOND THE CITY COUNCIL REGARDING THIS ITEM, THE PRESENTATION WILL ADDRESS NUMBER OF ELEMENTS, ONE IS DISCUSSING ENFORCEMENT CHALLENGES CURRENTLY EXISTENT, ACTION BINS, ILLEGAL DUMPING WHICH COULD LEAD TO CONDITIONS, PROVIDE CLEAR PLACEMENT AND ACCOUNTABILITY OF THE DONATION BINS, I WANTED TO TAKE SOME TIME AND TALK ABOUT THESE FACILITIES, AND WHAT THEIR PURPOSE IS. DONATION BINS COLLECT CLOTHING AND HOUSEHOLD ITEMS FOR PURPOSES AND WE HAVE SEVERAL AREAS WITHIN THE CITY THAT HAVE THESE RECYCLING FACILITIES, THIS PHOTOGRAPH IS NOT NECESSARILY FROM WITHIN THE CITY BUT I WANTED TO SHOW AN EXAMPLE. COMBINATIONS RECORDED IN MANY COMMUNITIES INCLUDING OURS. WE HAVE SEEN CONTAINERS OVERFLOWING, ITEMS DUMPED AROUND THE DONATION FACILITY, NOT NECESSARILY CLOTHING, SHOES, OR RECYCLING ITEMS BUT HOUSEHOLD ITEMS, MULTIPLE BINS CLUSTERED TOGETHER WHICH CREATE VISUAL CLUTTER. THE CITY OF ROWLETT ORDINANCES DOES NOT CONTAIN A SPECIFIC DONATION BIN REGULATION, NOR ARE THERE ENFORCEMENT MECHANISMS IN PLACE TO ADDRESS PROCESSES OF PROCEDURES. WITH THAT, COUNCIL, IN YOUR PACKET THERE IS A DRAFT DONATION BIN ORDINANCE AND I WANT TO GO THROUGH HIGHLIGHTS OF THAT PROPOSED DRAFT. AS I MENTIONED, THE CODE OF ORDINANCE CURRENTLY DOES NOT HAVE LANGUAGE RELATED TO THE DONATION BINS IN ORDER TO DO SO, THE CODE OF ORDINANCE SPECIFICALLY ARTICLE THREN WOULD HAVE TO BE AMENDED, CHAPTER 10 ON OCODE OF ORDINANCES, TO CREATE A DEFINITION FOR DONATION BINS. IN FRONT OF YOU IS A DONATION BIN AND DEFINITION AND FURTHERMORE, TO INSURE WE ARE CAPTURING ALL OF THESE ELEMENTS THERE IS A DONATION FOR UNATTENDED DONATION BINS TOO. SPECIFICALLY, FROM A DEFINITION PERSPECTIVE, DONATION BIN MEANS, I WILL READ VERBATIM, ANYTHING CONTAINER BUILDING, TRAILER, OR RECEPTACLE EQUAL TO OR LARGER THAN 45 FEET. I UNDERLINED THAT CUBIC FEET. I UNDERLINED THAT TO DRAW ATTENTION. IT IS USED FOR DONATED CLOTHING, ET CETERA.
UNATTENDED DONATION BIN COMPONENT ARE THE DEFINITION MEANS ANY DONATION BIN WHERE NO INDIVIDUAL HUMAN IS LOCATED IN OR AT OR WITHIN TEN FEET FROM THE DONATION BOX. THIS IS PURELY TO INSURE THAT THERE IS ACCOUNTABILITY AND PROCESS AND PROCEDURE RELATED TO REGULATING THE FACILITIES. IT WOULD APPLY TO ALL BINS, NEW AND EXISTING, THEREFORE THEY WOULDN'T BE MORE CONFORMING ASPECT TO IT, BUT WE ALSO WANT TO CONDUCT A 30-DAY OUTREACH PROGRAM SO WE CAN EFFECTIVELY COMMUNICATE WITH ALL THE FACILITIES OR PROPERTIES THAT CONTAIN THESE BINS AND EXPLAIN PROCEDURES TO THEM SHOULD AN ORDINANCE BE ADOPTED.
ADDITIONAL PERMITTING REQUIREMENT, ANNUAL AND DECAL IS
[00:15:03]
RECOMMENDED. THESE FACILITIES WOULD ONLY BE LOCATED ON NON-RESIDENTIAL PROPERTY, ANDER WITHIN PARKING LOTS, NO INROACHMENT ON SETBACKS OR WITHIN PARKING. 200 FOOT RADIUS FROM RESIDENTIAL USE. PERMIT APPLICATION WOULD BE REQUIRED AND ADDRESS PROPERTY OWNER AUTHORIZATION WOULD HAVE TO BE ON THAT ALLOWING THE FACILITY ON SAID PROPERTY. THESE FACILITIES WOULD HAVE TO BE EMPTIED AT LEAST WEEKLY TO PREVENT OVERFLOW, AND WATER. IT WOULD ONLY BE ONE BIN PER LOT. BINS THAT AREN'T PERMITTED, OR THOSE WITH MORE THAN TWO VIOLATIONS WITHIN A YEAR, WITHIN A 12-MONTH PERIOD, ARE IMPOUNDABLE. THOSE COULD BE RELEASED BACK TO THE PROPERTY OWNER OF THE BIN, OR THE SHOPPER CENTER, DEPENDING, OR THE FACILITY THAT IT IS LOCATED ON AS LONG AS THEY PAID THE COST OF STORAGE FEES AND FEES ARE COVERED. IF AFTER TEN DAYS THEY HAVE NOT BEEN COLLECTED OR THE FEES HAVE NOT BEEN PAID, THEY COULD BE CONSIDERED ABANDONED AND THEY COULD BE DISPOSED OF BY THE CITY. IF A PERMIT IS DENIED, THE APPLICANT HAS THE ABILITY TO APPEAL TO THE CITY MANAGER, AND A HEARING WOULD BE HELD FORFINAL DETERMINATION. >> A HEARING, BY WHOM?
>> SORRY, DETERMINATION BY THE CITY MANAGER.
>> NOT A PUBLIC HEARING? >> NOT A PUBLIC HEARING, NO. THE PURPOSE OF THE MAP, ALTHOUGH IT IS A LITTLE CLUTTERED, YOU CAN SEE, WAS TO GIVE YOU A SNAPSHOT OF THESE FACILITIES WE HAVE ALONG LAKEVIEW PARKWAY, IT WAS TO SHOW NUMBER OF FACILITIES WIN THE AREA AND THE PARKS. THIS WAS JUST LOOKING AT THIS CORRIDOR.
AGAIN, THERE ARE SEVERAL OTHER FACILITIES OR SEVERAL OTHER AREAS THAT DO CONTAIN THESE USES. SOME OF THE LOCATIONS THAT ARE SHOWN ON ON THE MAP, WE TOOK PICTURES AND WHERE THEY ARE LOCATED, WITHIN PARKING LOTS OR SURFACES. SOME INTO FIRE LANES TOO. I TALKED ABOUT A PERMIT APPLICATION, THAT IS THE DRAFT APPLICATION ON THE SCREEN ON THE RIGHT. IT BASICALLY REQUIRES THE PROPERTY OWNER AND DONATION BOX OWNER TO FILL THIS APPLICATION OUT. IT HAS TO BE NOTARIZED. IT SHOULD BE ACCOMPANIED BY SITE PLAN OR A PLAQUE THAT SHOWS THE FUTURE LOCATION OF THE FACILITIES WITH THE DIMENSIONS SURROUNDING EASEMENT, PACKING AREAS, AND ACCESS TO THE BINS. SITE PLANS AND PLOTS ARE NOT DIFFICULT TO ATTAIN, SPECIFICALLY PLOTS, THEY CAN BE DOWNLOADED AND SHOW WHERE THE FACILITY IS GOING. I MENTIONED SIGNED AGREEMENTS BETWEEN PROPERTY OTHER THANS AND THE OPERATOR AND THEN MORE SPECIFICALLY, THE SITE PLAN I MENTIONED, THE LOCATION OF THE BINS, DIMENSIONS OF THE BINS, THE ITEMS TO BE COLLECTED HAVE TO BE SHOWN IF YOU ARE SEEING SOME DONATION TO THE FACILITY SHOW CLOTHING OR THOSE ELEMENTS.
HOURS OF COLLECTION, DATA COLLECTION, AND HAVE TO MAKE SURE IF THEY ARE OCCUPIED PARKING STALLS, WHICH THEY ARE OCCUPYING AND HOW MANY. WE CONDUCTED SOME RESEARCH RELATING TO OTHER COMMUNITIES SURROUNDING US IN AND AROUND THE AREA TO DETERMINE, DO THEY HAVE ONE ANY ORDINANCES RELATED, TWO, RELATED TO DONATION BINS AND SECONDLY, WHAT FEES DID THEY CHARNEL, IF ANY? THE CITY OF GARLAND HAS AN ANNUAL PERMIT FEE BUT PRIOR TO THAT REQUIRE SUP FOR THESE USES. THEY ALSO HAVE AN IMPOUND AND STORAGE FEE, $22.85 PER DAILY, RESPECTIVELY. THE CITY OF LEWISVILLE DOES NOT HAVE ORDINANCES RELATED TO DONATION, NOR DOES THE CITY OF PLANO. MURPHY ASSESSES FEE $50 BUT IMPOUND $500. AND THE IS NO STORAGE FEE. THE CITY RICHARDSON CHARGES $500 FOR IMPOUND FEE. THE SAGSEE, IT RECENTLY, I SAY RECENTLY ADOPTED AN ORDINANCE, IF I AM NOT MISTAKEN, $250 FOR PERMIT FEE, $200 IMPOUND FEE AND $30 STORAGE FEE, THE CITY DOES HAVE AN ANNUAL PERMIT FEE. THE CITY STAFF IS PROPOSING
[00:20:04]
ORDINANCE ANNUAL PERMIT FEE $300. THIS SHOULD COVER THE PERMIT APPLICATION REVIEW AND EACH DECAL, $200 IMPOUND FEE AND $30 STORAGE FEE. THESE FEES ARE RELATIVELY COMMENSURATE WITH SURROUNDING MUNICIPALITIES, AND SHOULD THE COUNCIL CHOOSE TO PROCEED, THE FEES WOULD HAVE TO BE ADJUSTED WITH THE MASTERFEE SCHEDULE. IF THERE IS CONSENSUS TO PROCEED, THE CODE OF ORDINANCE WOULD HAVE TO BE AMENDED, I MENTIONED ARTICLE 10, TO CREATE THIS REGULATION. MASTER FEE SCHEDULE WOULD HAVE TO BE IMPLEMENTED AND I MENTIONED THE 30-DAY COMMUNITY EDUCATION OR OUTREACH PROGRAM. WITH THAT, I WILL TAKE ANY QUESTIONS OR TRY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.>> QUESTIONS? >> ONE, I MAY HAVE MISSED THIS, SO, IT IS $300 PER BIN, IS THERE ANY CAP ON HOW MANY BINS CAN BE ON A SIDE. WE LOOKED AT ONE, ONE HAD FIVE, ONE HAD FOUR.
>> ONE BIN PER SITE. >> OKAY. YEAH, THAT WAS MY BIG
QUESTION. >> QUESTION, NOTICE HAD TO HAVE THE PROPERTY OWNER, NOT THE BIN OWNER, BUT THE PROPERTY OWNER, SO, DOES THAT MEAN THEY ARE NOTIFIED AND APPROVE OF THAT? BECAUSE I KNOW, I HAD A PROPERTY OWNER THAT MAY HAVE SPEARHEADED THIS WHOLE EFFORT, THEY JUST FOUND ONE ON THEIR PROPERTY IN THE PARKING LOT, AND THEY WERE LIKE, WHAT DO WE DO WITH THIS? NOW IT IS THEIR PROBLEM AND NO ONE HAD COME TO-- THEY CALLED THE NUMBER ON THE BIN, NO ONE RESPONDED TO THE E-MAIL ON THERE, AND THEN THE CITY DIDN'T HAVE A RESPONSE TO HANDLE IT.
>> RIGHT. >> SO WOULD THE PROPERTY OWNER THEN HAVE TO SIGN ON THAT APPLICATION TO APPROVE OF THAT?
>> CORRECT. WHAT THAT DOES IS IT ENABLES THAT COMMUNICATION TO PREVENT WHAT YOU JUST MENTIONED, AND--
>> IF SOMEONE SHOWS UP, THEY CAN CALL THE CITY.
>> YES, IT WOULD BE IMPOUNDED. >> PERFECT.
>> LET ME INTERJECT. THERE IS DISTINCTION BETWEEN IMPOUNDING SOMETHING VIOLATING AND A CIVIL MATTER SOMEONE PUT SOMETHING ON YOUR PROPERTY AND YOU ARE USING THE CITY. GOING BEFORE THE EXAMPLE YOU GAVE BEFORE, WE DIDN'T HAVE A RESPONSE. IT NOT
BECAUSE WE ARE NONRESPONSIVE. >> I KNOW THAT. WE DIDN'T HAVE
A WAY TO DO THAT. >> RIGHT, SORRY.
>> THAT IF SOMEONE PUT SOMETHING ON YOUR FRONT LAWN, YOU ARE NOT GOING TO CALL US TO COME HAVE IT REMOVED. SAME APPLIES TO A COMMERCIAL. IF SOMEONE WERE TO PUT SOMETHING ON THEIR PROPERTY WITHOUT PERMISSION, THEY SHOULD SEEK CIVIL REMEDIES AT LAW
AVAILABLE TO THEM. >> DOES THAT MEAN THAT IF THEY CONTACTED THE OWNER, AND THEY ARE NOT ON THE APPLICATION, OR THE BIN, AND THE BIN OWNER DOES NOT RESPOND, THEN THE CITY CAN
COME IN AND TAKE CARE OF THAT? >> I THINK IT CAN.
>> OKAY. >> WE WOULD ISSUE NOTICE OF
>> AND ULTIMATELY IMPOUND IF NOT REMOVED.
>> I WOULD CAUTION, JUDICIOUS USE OF THAT. RIGHT? WHEN YOU ARE TALKING ABOUT US RESOLVING THAT PRIVATE PROPERTY CONFLICT, THAT IS WHAT IT IS. WE ARE TRYING TO PUT MORE TOOLS IN THE TOOL BELT BUT WE HAVE TO BE JUDICIOUS. THIS IS IN AS MUCH INTENDED TO INSURE THAT WHEN YOU GET LEGITIMATELY-BASE BINS THEY ARE MAINTAINED. IT ISN'T NECESSARILY MEANT TO BE A CATCH UP ALL CURE PRIVATE PROPERTY DISPUTE. NOT SAYING IT CAN'T. JUST IN ITS APPLICATION WE WANT TO BE JUDICIOUS.
>> OKAY. LETS HEAR IT. >> IN YOUR PICTURE YOU HAD SOME HAD MULTIPLE BINS, BUT THEY ARE NOT GRANDFATHERED IN.
>> CORRECT. WE WILL CONDUCT A 30-DAY OUTREACH PROGRAM, SHOULD COUNCIL CHOOSE TO MOVE FORWARD. THE OUTREACH PROGRAM WILL PROVIDE INFORMATION ON HOW TO AND WHAT TO DO, AND THAT WOULD ALLOW FOR REMEDY OF SOME OF THE SITUATIONS AS WELL. THEN POST
THAT. >> VERY GOOD PRESENTATION. YOU COVERED IT PRETTY WELL BECAUSE, AS MOST PEOPLE KNOW, MY PREVIOUS LIFE HERE WITH THE CITY, WHEN I WAS OVER CODE ENFORCEMENT, THESE
[00:25:01]
WOULD POP UP EVERYWHERE AND THE OWNERS OF THE PROPERTY WERE SAYING WHAT DO WE DO? THEN THEY WERE STUCK WITH IT, AND WANTED TO KNOW. WE WOULD HELP THEM TO THE BEST OF OUR ABILITIES BACK THEN, BUT WHAT I WOULD LIKE TO SEE, IF WE CAN DO THIS, IS THAT IF IT POPS UP AND THE OWNER IS NOT AWARE OF IT, AFTR WE HAVE Ú WOULD BE AN IMPOUNDMENT BECAUSE I BELIEVE THEY SHOULD HAVE TO SEE OUR DUE DILIGENCE TO SEE OUR RULES BEFORE YOU COME TO THE CITY AND PUT SOMETHING ON SOMEBODY'S PROPERTY.>> AGAIN, THAT IS CORRECT. I JUST WANT TO SET EXPECTATIONS, RIGHT? THE DISTINCTION, FOR EXAMPLE, YOU GO OUT AND YOU ARE ABATING A HEALTH HAZARD, VECTOR ON PRIVATE PROPERTY, GRASS IS 40 INCHES HIGH, VERSES OKAY, THEY PUT THIS ON MY PROPERTY. AS A PROPERTY OWNER YOU HAVE OVER RIGHT TO HAVE IT REMOVED. PEOPLE CAN TURN TO THE CITY AND WE ARE REALLY CLEANING UP SOMEBODY'S PRIVATE COMMERCIAL PROPERTY FOR THEM. IT DOESN'T MEAN WE CAN'T AND WON'T. JUST SAYING WE ARE GOING TO HAVE TO LOOK AT TOTALITY OF THE CIRCUMSTANCES, AND MAKE A DETERMINATION VERSES BLANKET ABATEMENT BECAUSE YOU DON'T WANT THIS ON YOUR PROPERTY, AND THEY DIDN'T CALL, WELL, HAVE IT REMOVED. THAT IS AN OPTION AVAILABLE TO EVERY PROPERTY OWNER THAT HAS CONTROL OF THEIR PROPERTY. RIGHT? SO WHAT HAPPENS AND IT IS THE ABATEMENT THING, AGAIN, WE ARE GOING TO GO IN CERTAIN DIRECTION YOU TELL US, BUT YOU START ABATING PROPERTIES, PEOPLE JUST STOP MAINTAINING, THEY CALL THE CITY AND THE CITY BECOMES THE MAINTAINER OF ADJACENT PROPERTY, YEAH WE CAN PUT THE LIEN ON THE PROPERTY. I WANT TO SET EXPECTATIONS. THERE IS A DIFFERENCE BETWEEN REGULATING, AND CURING, THOUGH.
>> I WOULD ADD IF I AM A PROPERTY OWNER, AND YOU CAME TO ME WITH A STATEMENT OR THEY WANT ME TO NOTARIZE TO ALLOW YOU TO PUT THAT ON MY PROPERTY, I WOULD BE HESITANT BECAUSE I CAN TELL YOU, I KNOW A FIRE CHIEF HAS SAID, WE HAVE ACTUALLY PULLED PEOPLE THAT WERE USING THOSE THINGS FOR SHELTER FROM THE WEATHER, AND COULD NOT GET OUT AND WAS IN THERE IN DESPERATE DESIRE, BEGGING US TO GET THEM OT OF THE BOXES, A VERY DANGEROUS SITUATION FOR THEM TO BE IN THERE AND TRAPPED. SO, YES, I KNOW, WE COULDN'T BELIEVE IT EITHER. KNOCK THREE TIMES AND SOMEBOD KNOCK BACK. BUT IT IS SOMETHING THAT WE HAVE BEEN LOOKING FOR LONG TIME TO DO. I DO APPLAUD YOU DID A VERY GOOD JOB ON THIS, AND IF WE CAN EDUCATE THE PUBLIC, LET THE OWNERS KNOW THAT, THEN THEY CAN REMOVE IT, I AM OKAY WITH THAT TOO. I DON'T WANT TO BE TAKING PEOPLE'S STUFF BUT I ALSO KNOW WHAT HAPPENS WHEN-- I CALL THEM BANDIT BOXES, WHEN THE BANDIT BOXES SHOW UP, MORE SHOW UP. THEY DON'T STOP, THEY KEEP COMING UNTIL WE HAVE A PROBLEM AND LOOKS LIKE SOMEBODY HAS CLEANED OUT A WHOLE HOUSE AND DUMPED IT ON THE SIDEWALK, WHICH WE HAVE SEEN THOSE WITH EVICTIONS AND STUFF, WHICH, YOU KNOW, IS UNSIGHTLY MESS TOO, AND UNFORTUNATE. BUT GOOD JOB, I APPRECIATE IT. IT IS VERY GOOD PRESENTATION. I AM GLAD WE ARE
LOOKING AT THIS, I SUPPORT THIS. >> SO, IT IS CODE ENFORCEMENT IS
GOING TO TAKE CARE OF THIS? >> YES, BUILDING PERMIT. IT
WOULD BE A PERMIT APPLICATION. >>ER AND SO, I AM A LITTLE CONFUSED. IT SAYS $200 PER DAY PER IMPOUNDMENT FEE AND $30. IT
IS JUST A ONE-TIME $200 FEE. >> CORRECT.
>> OKAY. >> WANT TO MAKE SURE.
>> $200. >> ONE FEE TO HAVE IT DONE, THEN
>> FINE WITH THAT. >> I JUST DIDN'T-- I THOUGHT
$230 PER DAY WAS A LOT. >> THAT WOULD BE.
>> THE DRAFT ORDINANCE HAS DIFFERENT DEFINITION SECTION, THAT IS NO WHERE ELSE IN THE ORDINANCE, WHAT IS THE PURPOSE BETWEEN DIFFERENTIATING THOSE AND DEFINITIONS?
>> I CAN'T REMEMBER WHO, SENT THIS ITEM MY WAY, BUT THEY HAD A DRAFT ORDINANCE ATTACHED. SOMETHING LIKE THIS. AND THEY HAD THIS DEFINITION IN IT BUT THEN, AGAIN, IT REALLY DIDN'T DIFFERENTIATE ANYWHERE IN ORDINANCE. I LEFT IT IN THERE BECAUSE I WANTED YOU GUYS TO DISCUSS IT AND LET ME KNOW IF YOU WANTED THAT TO STAY IN, I DIDN'T WANT TO JUST TAKE IT OUT ON MY OWN. I WANTED TO MAKE SURE EITHER YOU WANTED IT IN AND WANTED TO PUT DIFFER DEFINITION IN THERE, OR JUST WANT TO LEAVE IT TO, SAY, THAT IT IS DONATION, WHETHER MANNED OR UNMANNED.
>> I CAN SEE THAT HAPPENING BECAUSE WE DID HAVE THAT IN THE
[00:30:03]
DAY, USED TO BE A GROCERY STORE, THEY PUT BIG 18 WHEELER TRUCK ON THE SIDE, AND THERE WAS A GUY THAT WOULD SIT THERE DURING THE DAY AND TAKE DONATIONS, LOCK IT UP, WHEN HE LEFT MORE CRAP WOULD COME AND IT WOULD PILE UP OUTSIDE THE THING AND THE WIND BLOW, STORMS COME THROUGH, IT WAS ALL OVER THE PLACE. THAT IS WHAT FIRST GOT EVERYBODY, YOU KNOW, IN AN UPROAR ABOUT IT,BEING EVERYWHERE. >> COULD WE HAVE ATTENDED
DONATION DAYS? >> NOT THAT I AM AWARE OF. I
KNOW SOME COMMUNITIES DO. >> MY QUESTION WOULD BE, WHAT DIFFERENTIATES A DONATION BIN FROM A DONATION SITE? WE DO HAVE COLLECTION SITES CITY ON PROPERTY, LIFE MESSAGE IS ONE
EXAMPLE. ACROSS THE STREET. >> CENTURY.
>> CENTURY, YES. THANK YOU. SO IT IS BEHIND THE BUILDING. THERE IS A DONATION COLLECTION SITE WHERE CARS CAN PULL THROUGH AND DROP THINGS OFF. NOW, OUT THERE THEY HAVE A STORAGE AREA. I GUESS YOU COULD CALL IT A BIN IF YOU WERE NIT-PICKY ABOUT IT. I GUESS, I WANT TO BE SURE WE ARE NOT NEGATIVELY IMPACTING THAT, WHICH IS A MANNED DONATION STATION, ALTHOUGH I THINK THEY DO TAKE SOME STUFF AFTER HOURS, PEOPLE DROP IT OFF, LIKE WHAT
YOU WERE TALKING ABOUT. >> YEAH, IT IS GATED.
>> BUT IT IS ON THEIR PROPERTY, WHICH I THINK DIFFERENTIATES IT FROM ABOUT EVERYTHING ELSE WE ARE TALKING ABOUT. WE ARE TALKING HAVING TO HAVE IT NOTARIZED PERMISSION.
>> PROPERTY OWNER. >> THIS IS THEIR PROPERTY, AND--
>> CONSIDER MAKING THE DONATION BIN DEFINITION REALLY APPLY ONLY
>> WELL, AGAIN, MARTIN'S EXAMPLE WAS TECHNICALLY MANNED DONATION
BIN. >> DO THOSE EXIST? THE GOODWILL
TRAILERS THAT ARE MANNED? >> I DON'T THINK.
>> IT HAS BEEN A WHILE. >> I HAVEN'T SEEN ONE IN A
WHILE. >> I THINK APPLYING IT TO UNMANNED, SPECIFICALLY, MAKES SENSE FOR WHAT WE ARE DOING HERE, THAT WAY WE DON'T UNINTENTIONALLY CAUSE HARM TO ANYBODY ELSE. I THINK IT ACCOMPLISHES 98% OF WHAT WE ARE TALKING. IF THE 2% REARS ITS HEAD WE ARE LOOK AT IT AGAIN.
>> IT WOULD STILL APPLY TO MANNED BINS, THEY WOULD STILL HAVE TO FOLLOW THE RULES AS FAR AS HAVING PROPERTY OWNERS, THE
WHOLE PERMIT. >> NOT IF IT WAS SPECIFICALLY
UNMANNED. >> THE MAYOR SUGGESTING WE JUST
MAKE IT APPLICABLE TO UNMANNED. >> I AM OVERTHINKING IT.
>> OKAY. >> WE COULD EASILY. SOME PEOPLE WILL COME BACK AND TRY TO FIND WAYS AROUND IT.
>> INTERESTING. JUST ADD ANOTHER ORDINANCE.
>> THEY ARE THERE AND TAKING CARE OF BUSINESS AND NOT MAKING A MESS AND THEY HAVE IT IN THERE.
>> RIGHT. >> THAT IS-- IF IT IS A MANNED DONATION BIN, WELL CARED FOR, PROPERLY SIGNED, DON'T DROP THINGS OFF AFTER HOURS AND ALL THAT. I KNOW YOU CAN'T STOP PEOPLE. IT ACCOMPLISHES WHAT YOU WANT TO ACCOMPLISH.
>> SO, DID WE WANT TO DO ANYTHING ABOUT THIS SECTION, GOING TO DONATIONS, STAY LOCALLY? I DON'T KNOW IF THAT WOULD MAKE ANY DIFFERENCE OR NOT. FISCAL PRESENCE IN THE CITY. I DON'T KNOW IF THAT MAKES A DIFFERENCE OR NOT.
>> I THOUGHT ABOUT THAT. I THINK THAT IS REALLY DIFFICULT FOR
STAFF TO ADMINISTER. >> I WAS READING THE SIGNS ON A LOT OF THOSE BINS, AND WHAT IT LOOKS LIKE THEY ARE COLLECTING IS BASICALLY CLOTH TO SHRED AND WHATEVER THEY DO WITH CLOTH-TYPE MATERIALS TO RECYCLE THEM. IT DIDN'T LOOK LIKE THERE WAS-- THERE WASN'T ANY GIVING TO THE COMMUNITY, ANYTHING ELSE, JUST GIVE US YOUR JUNK, WE ARE GOING TO TEAR IT UP AND SELL IT OVERSEAS OR WHATEVER THEY DO IT WITH.
>> WHILE THESE DO BENEFIT SOME LOCAL ORGANIZATIONS, THE SCHOOLS WILL PLACE THEM BECAUSE PTA GETS A SMALL CUT FOR HAVING THE BINS THERE. AT THE END OF THE DAY THEY ARE FOR-PROFIT VENTURES
CROPPING UP ON PROPERTY. >> NO COST.
>> THAT IS RIGHT. >> I AM FINE WITH IT.
>> I THINK YOU NEED TO PUT SOMETHING IN THERE FOR THAT. IF IT IS TEMPORARY THING FOR THE SCHOOLS.
>> THAT IS UNDER THE 45-FOOT CUBIC, 45 CUBIC FEET, I WOULD SAY, IF IT IS JUST LIKE A DONATION BOX INSIDE THE
BUILDING. >> I HAVE SEEN THEM OUTSIDE.
>> THEY DO HAVE THEM OUT THERE BUT THAT IS WHAT THEY ARE, THE
[00:35:02]
SAME THING. THEY ARE PLACING THEM ON CHURCHES, SCHOOLS, ANDNOW MOVED ON TO BUSINESSES. >>
>> YOU ARE SAYING THE ONES ON HERPERT, WAS NOT THEM DOING IT.
>> NO. THEY PARTNER WITH THEIR PTA AND PAY THE PTA A CUT TO PLACE THE BINS THERE. THE PTA GETS PERMISSION FROM THE SCHOOL
AND THEY DROP THEM OFF. >> STILL NEED TO GET PERMITTED.
>> THE OWNER OF THE BIN WOULD HAVE TO BE PERMITTED. THE PROPERTY OWNER WOULD BE GOING TO ISD.
>> GOT WHAT YOU NEED? >> I
* This transcript was compiled from uncorrected Closed Captioning.