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HomeMy WebLinkAbout11-30-10 Special Called Regular Meeting and Public Hearing of the La Porte Wrecker Committe City of La Porte Wrecker Committee Minutes of November 30, 2010 Committee Members Present: Tim Tietjens, Planning Director (designated representative of the City Manager); Martha Gillett, City Secretary; and 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 3:04 p.m. 2. Roll call of members. Tim Tietjens, Martha Gillett, and Lt. Gary Rice were present for roll call. 3. Consider approval of November 9, 2010, meeting minutes. Motion by Martha Gillett to approve the Minutes of November 9, 2010, with the correction that the first bullet point on Page 2 be changed to read as follows: • Towing service will be provided by Stringer Wrecker Service LLC (DBA McGinty Wrecker Service, located in Crosby, TX). Second by Lt. Gary Rice. The motion carried unanimously. 4. Continue public hearing from the November 9, 2010, Wrecker Committee meeting regarding 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. (This item was tabled at the November 9, 2010, meeting.) A. Open public hearing Chairman Tietjens opened the continued public hearing at 3:07 p.m. B. Staff comments Chief Building Official, Debbie Wilmore, confirmed the applicant had submitted all documentation requested by the Committee at its November 9, 2010, meeting, 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. Wrecker Committee Minutes of November 30, 2010 Page 2 of 4 4. Provide proof of insurance coverage for collision center. On a recommendation by the Assistant Attorney, Clark Askins, Committee Members allowed the applicant to amend their application at the table to reflect the applicant /operator of the vehicle as Stringer Wrecker Service LLC DBA McGinty Wrecker Service. Marla Stringer amended the application. C. Public comments Proponents Anita Frisbie -Jones referred to her comments at the previous meeting. Walter Jones referred to his comments at the previous meeting and thanked everyone for the assistance they have received. Tim Stringer referred to his comments at the previous meeting. Manuel Arevalo, employee of McGinty Wrecker Service for the past 4 years and citizen of La Porte for 20 years, spoke about wanting to establish business in La Porte. Opponents Bobby Slocum asked for clarification about the application name change from A &W Jones Collision to Stringer Wrecker Service LLC DBA McGinty Wrecker Service. Mr. Askins commented that the amended application falls under the same criteria as the original application. Tim DeWalt questioned the public notification aspect with regard to the company name change on the amended application. Mr. Askins indicated the public notification requirement had been satisfied. Todd Johnston asked if the applicant had secured a vehicle storage facility in the city. Chairman Tietjens stated that a lease agreement is in place. D. Close public hearing The public hearing was closed at 3:24 pm. 5. Consider action to grant or deny an emergency auto wrecker permit to A & W Jones Collision (amended on the floor to be Stringer Wrecker Service LLC DBA McGinty Wrecker Service) under section 78 -297 of the La Porte Code of Ordinances. Chairman Tietjens spoke of a phone call he received from Sam Lynch with the Texas Department of Licensing and Regulation. Mr. Lynch expressed concern to Mr. Tietjens about a roll -up door at the site that leads into the vehicle storage lot, which must be segregated from the collision center. Wrecker Committee Minutes of November 30, 2010 Page 3 of 4 A discussion ensued about Mr. Lynch's phone call and about what could be done to resolve the situation. Motion by Lt. Rice to grant an emergency auto wrecker permit to Stringer Wrecker Service LLC DBA McGinty Wrecker Service with added stipulations requiring: 1) Installation of a fence at the facility to segregate collision center activities from towing activities. 2) Wrecker Committee Chairman to contact TDLR inviting them to perform an inspection at the subject property and at all other emergency auto wrecker vehicle storage facilities currently licensed within the City. Second by Chairman Tietjens. The motion carried unanimously. 6. Continue public hearing from the November 9, 2010, Wrecker Committee meeting regarding possible amendments to the Code of Ordinances Chapter 78 Vehicles for Hire, Article 111 Automobile Wreckers and Towing Vehicles. (This item was tabled at the November 9, 2010, meeting.) Proposed amendments generally consist of prohibiting the subcontracting of vehicles, providing proof of ownership of a vehicle storage lot within the city limits, lettering requirements for the sign affixed to the vehicle, and the wrecker company call -out rotation list. A. Open public hearing Chairman Tietjens opened the public hearing at 3:55 p.m. B. Staff comments There were no staff comments. C. Public comments Anita Jones of A & W Jones Collision spoke in opposition to a change that would require a business to own a storage lot within the city limits. Mike Scully of Apple Towing spoke in favor of the proposed changes, with the exception of requiring a business to own a storage lot within the city limits. Tim DeWalt of DeWalt Towing spoke in favor of the ordinance as proposed. Bobby Slocum of La Porte Towing spoke in favor of the ordinance as proposed. Marla Stringer of Stringer Wrecker Service LLC DBA McGinty Wrecker Service, asked for clarification about the changes being proposed. Wrecker Committee Minutes of November 30, 2010 Page 4 of 4 Walter Jones of A & W Jones Collision spoke in opposition to a change that would require a business to own a storage lot within the city limits of La Porte. He commented that businesses should be able to lease property, but not sublease. D. Close public hearing The public hearing was closed at 4:10 p.m. 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 Lt. Rice to forward a recommendation to City Council to approve the proposed amendments to the Code of Ordinances Chapter 78 Vehicles for Hire, Article III Automobile Wreckers and Towing Vehicles. Second by Martha Gillett. 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 4:12 p.m. Prepared by Peggy Lee, Planning Department Office Coordinator