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HomeMy WebLinkAbout03-15-06 Special Called Regular Meeting and Public Hearing CITY OF LA PORTE ~CKERCO~TEE MINUTES OF MARCH 15,2006 Committee Members Present: Wayne Sabo, Planning Director (designated representative of the City Manager); Martha Gillett, City Secretary; and Carl Crisp, Police Lt. (designated representative of the Police Chief) Staff Members Present: John Armstrong, Assistant City Attorney; Debbie Wilmore, Chief Building Official; Tammy Noel, Community Service Inspector; Mike Kirkwood, Inspector I; Sharon Harris, Assistant City Secretary; and Peggy Lee, Office Coordinator 1 CALL TO ORDER Meeting called to order by Chairman Wayne Sabo at 2:02 PM. Meeting recessed at 2:03 PM to allow the attorneys to confer. Meeting reconvened at 2:43 PM. 2. CONSIDER APPROVAL OF JANUARY 11,2006, MINUTES. Motion by Martha Gillett to approve the minutes of January 11,2006. Second by Wayne Sabo. Minutes approved, with Lt. Carl Crisp abstaining. 3. REVIEW FOR COMPLIANCE, ELEMENTS OF AGREEMENT OUTLINED IN THE JANUARY 11,2006, MEETING MINUTES. Mr. Saba deferred to John Armstrong, Assistant City Attorney, who in turn deferred to J.B. Williamson, Counsel for Mr. Tim DeWalt. Mr. Williamson reported on the status of the agreed upon elements. The status, as reported, is indicated in bold, along with the compliance time schedules. 1. Sign in City right-of-way: Sign has been abated and removed. Completed 2. Weeds: Mr. DeWalt is agreeable to mow, weed eat and keep up the interior and exterior of the property with regard to weeds, brush, and rubbish. Completed 3. Objectionable, unsightly property: Mr. DeWalt will continue removal process currently underway, of the stacked vehicles, at the rate of three per day. Mr. DeWalt will provide the City with verifiable paperwork for City verification of compliance. This item is associated with Item 5, with the main issue being screening. Mr. DeWalt has begun installation ofthe screening material. The material is not 100% opaque. In order to achieve opaque screening, Mr. DeWalt will add a backing Wrecker Committee ~mutesof~arch15,2006 Page 2 of 4 material that wiD be inspected for compliance by a City Inspector. The approved screening shall be in place within 30-45 days. 4. Shipping container(s): One (1) container has been removed. Another container, referred to as the "tool" container is to be removed. And one (1) container will remain in the yard, tentatively. The remaining container has been represented as being subject to an insurance claim, being brought into the yard from a wreck site by Mr. DeWalt, at the request of the Police Department. Mr. DeWalt shall furnish to the City, proof that the container is subject to an insurance claim and if unable to do so, the container is to be removed within the time frame of the agreement. Two of the containers have been removed. All other shipping containers shall be removed within two weeks. 5. Use, Screening: Mr. DeWalt is agreeable to completely screen the yard in compliance with the zoning permit. This may require repair and/or replacement of the existing fence in order to obtain a complete opaque screening around the property. Addressed in Item 3. 6. Fire Fighting Access: Mr. DeWalt is agreeable to arrange materials within the yard so the Fire Department may move around within the yard, pursuant to the Fire Code. Mr. DeWalt has made contact with the Fire Department, but has not yet received confirmation/acceptance of the layout. 7. Tractor trailer vehicles: Mr. DeWalt will provide proof to the City on the status of the vehicles as being needed for his business and understands that tractor trailers are not allowed and a truck terminal may not be operated at the site. Within ten days, Mr. DeWalt shall provide affidavits stating which trucks are eligible to remain on site. Additional affidavits shall be provided with any change of conditions. 8. Committee to reconvene in 60 days to monitor the items and ascertain compliance, at such time the City may continue to proceed with attempted abatement of violations. 4. CONDUCT PUBLIC HEARING TO REVIEW EVIDENCE OF ALLEGED STATE LAW AND LA PORTE CITY ORDINANCE VIOLATIONS BY DE WALT'S TOWING, LLC, (WRECKER PERMIT NUMBERS 475, 476, 477 AND 478) ASSOCIATED WITH THE BUSINESS LOCATED AT 400 EAST MAIN STREET, IN LA PORTE, TEXAS. A OPEN PUBLIC HEARING Mr. Sabo opened the public hearing at 2:47 PM. B. STAFF COMMENTS Chief Building Official, Debbie Wilmore, provided a status update on the violations reported at 400 E. Main. The information was included in a memo with photos, dated March 15, 2006, from Mrs. Wilmore to the Members of the Wrecker Committee. During an on site meeting with Mr. DeWalt on March 7,2006, staffnoted the following: Wrecker Committee Minutes of March 15,2006 Page 3 of 4 ~ Remaining vehicles stored on site are no longer stacked and total 27 trucks, 54 cars, 3 vans, and 8 truck tractor cabs. As of March 15, 2006, 5 additional vehicles had been removed. ~ Screening is a key factor in order to ensure the business can be contained within the site and not create a visibility problem for adjoining properties. Mr. Armstrong inquired as to Mr. DeWalt's demeanor and cooperation with staff. Mrs. Wilmore stated that Mr. DeWalt initially did not welcome staff onto his property, but since the last meeting, Mr. DeWalt has been cooperative and has allowed staff to enter his property. C. PUBLIC COMMENTS There was no public input. D. CLOSE PUBLIC HEARlNG Mr. Sabo closed the public hearing at 2:52 PM. 5. CONSIDER POSSffiLE ACTION TO SUSPEND, CANCEL, OR REVOKE WRECKER PERMIT NUMBERS 475, 476, 477 AND 478, ISSUED TO DEWALT'S TOWING, LLC. Mr. Sabo reminded Committee Members of their charge, as stipulated by ordinance. Mr. Sabo inquired about possible impact on the Police Dept. if the Committee were to take action against De Walt' s Towing. Lt. Crisp indicated there should not be a substantial impact, but since DeWalt's Towing is a local company, it could be a response time inconvenience. Lt. Crisp described the rotation order of wrecker permit holders dispatched by the Police Dept. Motion by Lt. Carl Crisp to take no action to suspend, cancel, or revoke wrecker permit numbers 475,476,477 and 478, issued to DeWalt's Towing, LLC, and to reconvene for further consideration of the matter, should additional code violations occur. Second by Martha Gillett. The motion passed with all in favor. 6. ADMINISTRATIVE REPORTS There were no administrative reports. 7. COMMITTEE COMMENTS There were no committee comments. 8. ADJOURN Meeting adjourned by Mr. Sabo at 3 :03 PM. Wrecker Committee Minutes of March 15,2006 Page 4 of 4 ~ ,2006.