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Home My WebLink About08-22-06 Special Called Regular Meeting and Public Hearing ~inutesof~eeting August 22, 2006 CITY OF LA PORTE WRECKER COMMITTEE MINUTES OF AUGUST 22, 2006 Committee Members Present: Wayne Sabo, Planning Director (designated representative of the City Manager); Martha Gillett, City Secretary; and Aaron Corrales, Asst. Police Chief (designated representative of the Ponce Chief) Staff Members Present: Clark Askins, Assistant City Attorney; Sharon Harris, Assistant City Secretary; Debbie Wilmore, Chief Building Official; Tammy Noel, Community Service Inspector; Mike Kirkwood, Inspector I; and Peggy Lee, Office Coordinator 1 CALL TO ORDER Meeting called to onierby Chairman Wayne Sabo at 2:02 PM. 2. CONSIDER APPROVAL OF AUGUST 1,2006, MEETING MINUTES. Motion by Martha Gillett to approve the Minutes of August 1, 2006. Second by Wayne Sabo. Aaron Corrales abstained. Minutes approved as presented. 3. RECEIVE REPORT FROM CITY ATTORNEY REGARDING LEGALITY OF REGULA nONS RESTRlCTlNG THE NUMBER OF AUTO WRECKER PERMITS AND TOWING VEIDCLE PERMITS. Assistant City Attorney, Clark Askins, reported on the legality of regulations restricting the number of e.-tags. He cited a 1996 Federal DistrictCourt Case in Houston whereby the City of Houston argued they could limit the number of e-tags issued based on safety. The court determined the City had not shown the regUlation to limit e-tags was related to safety issues. Federal Law does not allow municipalities to regulate the number of e-tags based on economic concerns. Mr. Askins stated it is a matter that would be taken up by Courts on a case-by-case basis. Asst. Police Chief Corrales stated the Committee, in the past, took into uons-ideration "need and necessity". Mr. Askins noted that having a wrecker rotation list in effe.ct makes it more difficult to claim safety as a reason for limiting the number of e-tags. He also noted the City is not prevented from regulating the number of e-tags if prepared to argue it is-due to safety is-sues. The Committee discussed the matter. Motion by Asst. Chief Corrales to direct staff and the Legal Department to prepare language for a change to City ordinance that does- not restrict the number of auto wrecker permits issued, based on Federal Statute. Second by Martha Gillett. The motion carried unanimously. Wrecker Committee M'mutes of August 22, 2006 Page 2 ofS 4. DISCUSS AND CONSIDER REGULATIONS ALLOWING ISSUANCE OF MULTIPLE AUTO WRECKER PERMITS AND TOWING VEffiCLE PERMITS TO ONE OPERATOR. The Committee discussed the pros and cons of issuing multiple permits to one operator. Motion by Martha Gillett to table for a future meeting, action on regulations allowing issuance of multiple auto wrecker permits and towing vehicle permits to one operator. Second by Aaron Corrales. The motion carried unanimously. 5. CONDUCT PUBLIC HEARING ON POSSIBLE ACTION TO CANCEL, REVOKE, OR CONTINUE SUSPENSION OF WRECKER PERMIT NUMBERS 481, 482, 483, AND 484 (ISSUED AS PERMIT UMBERS 475, 476, 477 AND 478 IN 2005), ISSUED TO DEWALrS TOWING, LLC. A. OPEN PUBLIC HEARING Chairman, Wayne Sabo, opened the public hearing at 2:38p.m. B. STAFF COMMENTS Chief Building' Official; Debbie Wilmore, addressed the . Committee. Four wrecker permits for DeWalt's Towing, LLC were suspended at a previous Committee. meeting. Staff has been monitoring the progress at the site for compliance. Mr_ De Wak,cnntacted the City 00 8-21-06 t.o arrange f.or a site visit the same afternoon at his storage yard located at 400 E. Main. Photographs were taken and Ms. Wilmore presented a slide show of current conditions at the site. Ms. Wilmore summarized the status of site conditions: . Sign in street r-o-w of East Main has been removed. . Mowing and weed eating was initially performed, but will need to continue as growth occurs. .,Debris continues to be an issue. . The single layer of material placed on the fence is msufficient f{)t" meeting screening requirements. . Visibility of junk vehicles is still a problem when the business gates are open. . Shipping containers still remain in the yard. . Large trucks are no longer parked in r-o-w. Wrecker Committee Minutes of August 22, 2006 Page Jof5 C. PUBLIC COMMENTS Tim DeWalt, of 11618 N. Ave. "L", addressed the Committee. Mr. DeWalt noted-he currently has three trailers in his yard; all were picked up from the Lion King. Mr. DeWalt described the lengthy process for filing liens. Mr. DeWalt noted he bought out permits from others in the past in order to gain multiple permits. D" CWSE PUBLIC HEARING Chairman Sabo closed the public hearing at 3: 17 p.m. 6. CONSIDER POSSIBLE ACTION TO CANCEL, REVOKE, OR CONTINUE SUSPENSION OF WRECKER PERMIT NUMBERS 4tH, 482, 483, AND 484 (ISSUED AS PERMIT NUMBERS 475,476,477 AND478lN 2005), ISSUED TO DEW AL TS'STOWING, LLC. Motion by Asst. Chief Corrales to reinstate permit numbers 481, 482,483, and 484 for a period of 60 days, at which time the matter wilt be revisited for possible further action and during such time the gates will remain closed during operation when vehicles are not entering or exiting the business. Second by Martha Gillett. The motion carried urtanimously. 7. CONDUCT PUBLIC HEARING TO DISCUSS AN APPLICA nON BY RELIANCE FORD FOR AN EMERGENCY AUTO WRECKER PERMIT, IN ACCORDANCE WITH SECTION 78-297 OF THE CODE OF ORDINANCES. A. OPEN PUBLIC HEARING Chairman Sabo opened the public hearing at 3:28 p.m. B. STAFF COMMENTS Sharon Harris, Assistant City Secretary, reported the City received an application from Reliance Ford for an emergency auto wrecker permit. The Connnittee received a copy of the submitted Certificate of Insurance. C. PUBLIC COMMENTS Christopher Tine, Man~ing Partner for Reliance Ford, 621 Hwy. 146 S., and residing at 1109 Downing Circle, League City, addressed the Committee. Mr. Tine stated the dealershi,p w.ould like to increase its customer service satisfaction by {)ffering 100fe services. Richard Morris, of IlK C<mlpanies, addressed the C<mlmittee. He- has listed three- tmcks that he has available to operate for Reliance: Ford if they are granted an e-tag. Mr. Morris stated he could provide the City with a Certificate of Insurance on his vehicles, as wen as, a copy of the. Agreement between HK Companies and Reliance Ford. Wrecker Committee Minutes of August 22, 2006 Page 4 o-r5 Bobby Slocum, of La Porte Towing, opposes the application by Reliance Ford. He noted Reliance Ford does not have a storage lot that is lOCked and screened from public view. Chairman Sabo recessed the meeting at 3:45 p.m. for ten minutes. ChairmanSabo reconvened the meeting at 3:55 p.m. Ms. Wilmore stated the zoning is appropriate for the location; however there are State Laws for impound yards that the applicant would need to comply with. Mr. Slocum stated there could be a safety issue with speeding, if wreckers must come from neighboring cities within a specified amount oftiine. D. CLOSE PUBLIC HEARING Chairman Sabo closed the public hearing at 3:57 p.m. 8. CONSIDER APPROVAL, DENIAL, OR OTHER ACTION REGARDING APPLICATION BY RELIANCE FORD FOR AN EMERGENCY AUTO WRECKER PERMIT. The Committee had a lengthy discussion on the related ordinance requirements. Motion by Asst. Chief Corrales to approve an emergency auto wrecker permit be issued to Reliance Ford, contingent upon the foHowing conditions being met: · RetianceFord shan provide the City with a signed contact between Reliance Ford and Ralph B.Morris. · The City shan be provided-an insuranceeertificate-naming-the-City additional insured-for vehicles listed on the appl ieation. . · Reliance Ford shall have a fenced storage lot fully screened from the public in accordance with the requirements of the General Commercial Zoning District, per the City of La Porte Zoning Ordinance and laws of the State of Texas. · Only one e-tag will be issued for the 2003 Ford vehicle license number T5826D. The other two vehicles will be issued a towing permit only. · The auto wrecker permit shall not become effective until an conartions have been completed. If fun compliance is not attained within 30 days, the application shan become null and void. · Applicant is required to contact the City of La Porte Inspection Division to schedule an inspection of the storage lot for compliance. Second by Martha Gillett. The motion carried unanimously. Wrecker Committee Mfuutes of August 22, 2006 Page 5 of5 9. DISCUSS AND CONSIDER REGULATIONS ESTABLISHING FEES ALLOWED TO BE COLLECTED BY AUTO WRECKER AND TOWING VEHICLE OPERATORS. TIre Committee reviewed the listing of current fees shown in Appendix A of the Code of Ordinances. Motion by Asst. Chief Corrales to table ~tionon. regttlatioosestablishing fees allowed to be collected by auto wrecker and towing vehicle operators, in order to allow staff and the Legal Dept additional time to resear-eh local, State~ and Federal Law. Second by Martha Gillett. The motion carried unanimously. 10. ADMINISTRATIVE REPORTS There were no administrative reports. 11. COMMITTEE COMMENTS Martha Gillett commented there is additional work to be done by the Committee to ensure the ordinance requirements are up-to-date and consistent. 12. ADJOURN Meeting adjourned at 4:42 p.m. Prepared by Peggy Lee, Office Coordinator Auto Wrecker Permit La Porte, Towing, Inc. Bobby Slocum, Applicant CITY OF LAPORTE APPLICATION (Fee Changes per Ordinance #05-2837~ Eft: 10-01-05) (,/f Emergency Auto Wrecker Ammal Permit () Towing Vehicle Annual Permit (Non-Emergency) Re,..,... '- '1 /, \,1' ',-' -"'~'''-D " AUf' 0 ... "'~ ~ t) 20Do Annual Fee*: $75.00 Per Vehicle Ownership Transfer Fee**: $25.00 Per Vehicle ~~ ^~~ * ** Note: Permit fee gm be Pro-Rated by the Month.; $6.25 per month) A per:mit issued is personal to the owner and is not: transferable between owners without the express approval of the Wrecker Committee. Permit Application Deposit Fee for New Auto Wrecker Permits: $150.00 ALL PERMITS EXPIRE ON DECEMBER 31ST OF' EACH YEAR CompuyNametobeShownoDPermit: ~./fjJ()lLf€ IDW{ ~J If"" (If other than Applic8:ot Name shown below) Individual ( ) Individual. Partnersbip Or Corporation Name: Partnership ( ) Corporation 0 Telephone: I-A;/J D(l2.:fe /D (,1,[ I ~I' ~ 2DZ- U, /lrA It) AD X ff'7 2q'! -170 -200 c.f Physical Address: Mailing Address: List Name! Address: (a) Of all Partners OR (b) Cotporation President and SecretaIy. 1) /J/hv 5;{,c <1M f N JA. Nff S/;Cc.JP\ Name Name Address 41,(tJ/zk - ry 77')-7 ( 0!Y~~~ J.!!t..f!~P 'ry 17:>7 ( City/StatelZip City/StatelZip ,~~ /()({39 )1(/!fJeA2-y Address /o<g3Q It tJ/~V Address 2) 3) 1) / q qg Year List AD Vehicles Needin2 a Permit: h~ ~ 70<172..6 'odel MotorlI.D. '# License '# 2) Year MakelModel MotorlI.D. '# License # 3) Year MakelModel MotorlI.D. '# License '# .,...f' ,.' . ""'" j,' \ Wrecker Permit Application Page 2 R~Ct. II /i::- ~ . 'fi~/) I,US 2" '- . t) 2006 If Vehicle is not owned by the Applicant, list vehicle owner's name and address: 1) Name Address City/State/Zip 2) Name Address City/State/Zip 3) Name Address City/State/Zip NOTE: If the towing vehicle is operated under the terms of a contract with some company other than the owner, a copy of the contract shaD be attached to this application. I hereby agree to obey the provisions of the City's rules and regulations, ordinances and statutes applicable to motor vehicles and unctemand that upon my failure to so obey such laws that my permit may be revoked or suspended without notice. I understand that all changes of officers or partners shall be reported to the City Secretary within ten (10) days after the change, and such new officers or partners shall individually file applications certifying to their individual qualifications within such time. The failure to certify within such time or to possess such qualifications required of such persons under Article m. Section 78-297, shall be cause for the suspension of all permits held by such corporation or partnership. I hereby certify that all the statements contained in this application are true and correct to the best of my knowledge. x x X attested by rporation, affix co SWORN AND SUBSCRIBED to befo me, the up.dersi~ed authority, by the above named person, this the24fi4ay of 7~ . CARMEN A. MADISON NOTARY PUBLIC State of Texas. . Comrn. Exp. 08-29-2008 X Notary Public for the State of Texas Wrecker Permit Application Page 3 FOR CITY USE ONLY THE FOLLOWING IS REQUIRED BEFORE ANY PERMIT(S) IS ISSUED: / Certificate of Insurance on all listed wrecker(s) Combined Single Limit (CSL) Liability as follows: $300,000.00 - If Gross Vehicle Weight is 26,000 lbs. Or less $500,000.00 - If Gross Vehicle Weight is over 26,000 lbs. Confirmation that the Applicant has no outstanding Taxes RtCl:" C- /VtD AUS 2 J: " tI !OD6 Wrecker Inspection Memo prepared by LP Police Department (Applies to Emergency Auto Wrecker Permit Only) Permit No.(s) Assigned: Date Issued: Fee(s) Collected: Fee Based on Number ofVehicleslPermits Receipt Number: Cletk Initials: Date City Secretary was Provided Written Confirmation of Permit IssuancelRenewa1: Date Police Dept. Was Provided Written Confirmation of Permit IssuancelRenewal: Revision: 1112112005 S:\CPShare\Inspections\ Wrecker Permit Application.doc CITY OF LA PORTE, TX *** CUSTOMER RECEIPT *** "Batch ID: PE_TEMP 9/06/06 01 Receipt no: 136829 Type SvcCd Description Amount IF MISC LIC/PERMITS & FEES Qty 1.00 $150.00 LP TOWING LICENSE FEE Tender detail CK Ref#: Total tendered: Total payment: 6827 $150.00 $150.00 $150.00 Trans date: 9/06/06 Time: 10:06:13 THANK YOU FOR YOUR PROMPT PAYMENT . ACORD", CERTIFICATE OF LIABILITY INSURANCE \ DATE (MMlDDIYYYY) 12/28/2005 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ALWAYS SAFE INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 13119 HOFFMEISTER ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CYPRESS TX 77429 281-373-1188 oc-rF\VEC INSURERS AFFORDING COVERAGE NAIC# iIISURED LAPORTE TOWING, INC. INSURER A:. HOMESTATE COUNTY MUTUAL BOBBY SLOCUM DEe 2 9 2005 INSURER B: UNDERWRITERS AT LLOYDS P.O. BOX 87 INSURER c: LAPORTE, TX 77572 INSURER 0: 1713-875-2906 INSURER E: ::OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR WD'L TYPE OF INSURANCE POLICY NUMBER ~'lY~iM~t~VE P8k+~~~JWN LIMITS .TR NSRD GENERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAl GENERAL LIABILITY ~~~'E.s lEa occurence) $ I CLAIMS MADE [] OCCUR MED EXP (Anyone person) $ - PERSONAl & ADV INJURY $ GENERAL AGGREGATE $ - ~L AGGRn P~~ APnS PER: PROOUCTS - COMP/OP AGG $ POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 500,000 - $ ANYAUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ X SCHEDULED AUTOS (Per person) - 12/19/05 12/19/06 A HIRED AUTOS TXC4459906-03 BODILY INJURY - (Peraccidenl) $ . NON-OIlliNED AUTOS ., - ~ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ 3ESSlUMBRELLA LIABILITY EACH' OCCURRENCE $ OCCUR C==IC~MSMADE AGGREGATE $ $ =j DEDUCTIBLE $ RETENTION $ $ VVORKERS COMPENSATION AND TWCSTATU-l IOJ~- TORY LIMITS EMPLOYERS' LIABILITY E.l. EACH ACCIDENT $ ANY PROPRIETORIPARTNERlEXECl1TlVE OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, desa'ibe under E.L. DISEASE - POLICY LIMIT $ SPECIAl PROVISIONS below OTHER B CARGO (IN TOW) CSR04DKU0565 02/17/05 02/17/06 $10,000 PER UNIT IESCRJPTION OF OPERATIONS /LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECiAl PROVISIONS 199B DODGE TOW TRUCK 1# J Tl 1992 FORD TOW TRUCK 1# - 199B CHEV TOW TRUCK n CITY OF LAPORTE 604 WEST FAIRMONT PARKWAY LAPORTE, TEXAS 77571 CANCELLATION SHOULD AtN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~ DAYS VVRlTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAlL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ::ERTIFICA TE HOLDER FAX 281-470-5005 I ~CORD 25(2001/08) LA PORTE TAX OFFICE PO BOX 1849 LA PORTE TX 775721849 Phone: (281) 471-5020 9/11/06 HCAD Number 115-995-026-0006 SLOCUM JR BOBBY J 10839 W MULBERRY DR LA PORTE, TX 77571-4363 ** DELINQUENT TAX TAX YEAR BASE TAX PENALTY/INT -------- -------- -------- -------- ----------- ----------- 17701 Legal Description 10839 W MULBERRY DR UB LT 6 BLK 26 FAIRMONT PARK EAST SEC 3 R/P STATEMENT ** OTHER +/- TOTAL DUE --------- --------- --------- --------- LA PORTE TAX OFFICE PO BOX 1849 LA PORTE TX 775721849 Phone: ( 2 81) 471- 5020 9/11/06 Account description LA PORTE TOWING INC BOBBY SLOCUM PO BOX 87 LA PORTE, TX 77572-0087 ** DELINQUENT TAX TAX YEAR BASE TAX PENALTY/INT -------- -------- -------- -------- ----------- ----------- 42113 0773180 Legal Description 202 N 11TH ST F&F M&E SUP COMPUTERS MERGE VALUE W/0773180 FOR 2004 S TAT E MEN T * * OTHER +/- TOTAL DUE --------- --------- --------- ---------