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HomeMy WebLinkAbout11-09-10 Special Called Regular Meeting and Public Hearing of the La Porte Wrecker Committe City of La Porte Wrecker Committee Minutes of November 9, 2010 Committee Members Present: Tim Tietjens, Planning Director (designated representative of the City Manager); Martha Gillett, City Secretary; and Robin Gallion (filling in for Lt. Gary Rice, designated representative of the Police Chief) Staff Members Present: Clark Askins, Assistant City Attorney; Debbie Wilmore, Chief Building Official; and Peggy Lee, Office Coordinator 1. Call to order. Meeting called to order by Chairman Tim Tietjens at 2:20 p.m. 2. Roll call of members. Tim Tietjens, Martha Gillett, and Robin Gallion (filling in for Lt. Gary Rice) were present for roll call. Note: Assistant City Attorney Clark Askins arrived at 3:00 p.m. 3. Consider approval of September 21, 2010, meeting minutes. Motion by Martha Gillett to approve the Minutes of September 21, 2010. Second by Robin Gallion. The motion carried unanimously. 4. Conduct public hearing to receive public input on a request by A & W Jones Collision for issuance of an emergency auto wrecker permit, under section 78 -297 of the La Porte Code of Ordinances. A. Open public hearing Chairman Tim Tietjens opened the public hearing at 2:21 p.m. B. Staff comments Debbie Wilmore provided photographs taken on October 5 and November 9, 2010, depicting conditions at the subject site. Mrs. Wilmore reported on Harris County Appraisal District ownership records, and responded to questions from the Committee. For clarification, Staff verified the following: • KEK La Porte Partners owns the property where the proposed wrecker vehicle storage facility is to be located. • Applicant Anita Frisbie -Jones for A & W Jones Collision (commonly referred to as A & W Jonz Collision and also A & W Jones Vehicle Storage Facility) leases the subject property from KEK La Porte Partners. Wrecker Committee Minutes of November 9, 2010 Page 2 of 4 • Towing service will be provided by McGinty Wrecker Service (DBA Stringer Wrecker Service located in Crosby, TX). C. Public comments Opponents Bobby Slocum, 202 N. 11 owner of La Porte Towing, voiced opposition to the request. Mr. Slocum was concerned about TDLR approval and the special requirements for storage of prisoner vehicles. Tim DeWalt, East Main, agreed with Mr. Slocum. Todd Johnston of Apple Towing, 400 E. Main, also agreed with Mr. Slocum. Proponents The applicant, Anita Frisbie- Jones, responded to questions from the Committee. • A certificate to operate the facility was issued by the State on 1/26/10. • If additional storage capacity is needed, the property owner is willing to expand the facility by developing additional storage area in the rear of the property. • Site will have 24 -hr. access. • Will carry insurance, once approved. • Bays will hold six cars. If necessary, towed cars will be wrapped and locked up in bays. Marla Stringer, 1333 Runneburg, Crosby, TX, spoke in favor of the request. Ms. Stringer, owner of Stringer Wrecker Service DBA McGinty Wrecker Service, stated there would not be an issue with employees being around vehicles with body fluids because they would be licensed VSF employees. Walt Jones, 10501 Eagle Nest Ct., along with his wife, resides and operates the business in La Porte. He does not understand why there would be opposition to the request. His wife has done everything by the book and the business would benefit the community. City Attorney, Clark Askins, arrived at the meeting at 3:00 p.m. Chairman Tietjens called for a five - minute recess at 3:02 p.m. for an opportunity to brief Mr. Askins on the status of the request. In fairness to all, Chairman Tietjens suggested Mr. Askins be given an opportunity to either review the audio recording or have the public testimony restated. No opposition was presented to the suggestion, so Chairman Tietjens provided a recap and the proponents and opponents restated their positions. Wrecker Committee Minutes of November 9, 2010 Page 3 of 4 Ms. Stringer clarified the wrecker would be dispatched out of La Porte from 10819 Birch Dr. D. Close public hearing The public hearing was not closed. 5. Consider action to grant or deny an emergency auto wrecker permit to A & W Jones Collision under section 78 -297 of the La Porte Code of Ordinances. Motion by Chairman Tietjens to disapprove the emergency auto wrecker permit without prejudice of resubmittal of additional documentation needed to accompany the application. Second by Martha Gillett. Chairman Tietjens withdrew his motion. Martha Gillett withdrew her second. Motion by Chairman Tietjens to table action on the issuance of an emergency auto wrecker permit to A & W Jones Collision until Tuesday, November 30, 2010, at 3:00 p.m. in the City Hall Council Chambers, without prejudice to resubmittal of additional documentation needed to accompany the application as follows: 1. Written acknowledgement from property owner confirming property may be used as a wrecker vehicle storage facility. 2. Amendment to lease agreement use - clause specifying property can be used as a wrecker vehicle storage facility. 3. Agreement between applicant and wrecker operator company must stipulate contract term. 4. Provide proof of insurance coverage for collision center. Second by Robin Gallion. The motion carried unanimously. At 4:22 p.m., Chairman Tietjens called for recess until 5:00 p.m. The meeting reconvened at 5:10 p.m. 6. Conduct public hearing to receive public input on possible amendments to the Code of Ordinances Chapter 78 Vehicles for Hire, Article III Automobile Wreckers and Towing Vehicles. A. Open public hearing Chairman Tietjens opened the public hearing at 5:11 p.m. B. Staff comments Mrs. Wilmore briefly described the changes being proposed. C. Public comments Wrecker Committee Minutes of November 9, 2010 Page 4 of 4 Bobby Slocum, of La Porte Towing at 202 N. 11 spoke in favor of an ordinance change that would prohibit subcontracting /subleasing of permits. Todd Johnston, of Apple Towing, 400 E. Main, spoke in favor of an ordinance change that would prohibit subcontracting/subleasing of permits. D. Close public hearing The public hearing was not closed. 7. Consider forwarding a recommendation to City Council on possible amendments to the Code of Ordinances Chapter 78 Vehicles for Hire, Article III Automobile Wreckers and Towing Vehicles. Motion by Martha Gillett to table action on a recommendation to City Council on possible amendments to the Code of Ordinances Chapter 78 Vehicles for Hire, Article III Automobile Wreckers and Towing Vehicles, until Tuesday, November 30, 2010, at 3:00 p.m. in the City Hall Council Chambers. Second by Robin Gallion. The motion carried unanimously. 8. Administrative Reports There were no administrative reports. 9. Committee Comments A. Matters appearing on agenda. There were no comments. B. Inquiry of staff regarding specific factual information or existing policy. There were no comments. 10. Adjourn The meeting adjourned at 5:45 p.m. Prepared by Peggy Lee, Planning Department Office Coordinator