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Min 03/06/2018 CITY COUNCIL MINUTES March 6, 2018 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 6, 2018 Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o’clock a.m., with the following members present. Stephen L. Santellana - Mayor Jesse Brown - Councilors DeAndra Chenault - Mitesh Desai - Brian Hooker - Eric West - Bobby Whiteley - Absent Darron Leiker - City Manager Kinley Hegglund - City Attorney Tracy Norr - City Clerk - - - - - - - - Mayor Santellana called the meeting to order at 8:30 a.m. - - - - - - - - Item 2 – Invocation and Pledge of Allegiance The invocation was offered by Reverend Renee Hoke, First Christian Church. Mayor Santellana then led the Pledge of Allegiance. - - - - - - - - Item 3a – Proclamation – AmeriCorps NCCC Day, North Texas United Way 8:31 AM Mayor Santellana read a proclamation establishing March 6, 2018 as Americorps NCCC Day in Wichita Falls. He commended AmeriCorps and North Texas United Way for giving this team the opportunity for service. Genevieve Anderson, representing AmeriCorps NCCC, said this group does VITA tax returns which gives money back to the community. She also encouraged volunteers for the program. - - - - - - - - CITY COUNCIL MINUTES March 6, 2018 Page 2 Item 3b – Proclamation – March for Meals, The Kitchen 8:37 AM Mayor Santellana read a proclamation establishing March 2018 as March for Meals in Wichita Falls. He encouraged citizens to volunteer and support the local Meals on Wheels program. Pam Hughes, representing The Kitchen, said they deliver over 850 meals each day. Eighty percent of the clients are disabled. She thanked the community leaders for bringing awareness to the needs in the community. - - - - - - - - Item 3c – Proclamation – National Nutrition Month, Health Department 8:42 AM Mayor Santellana read a proclamation establishing March 2018 as National Nutrition Month in Wichita Falls. He encouraged citizens to keep up with healthy lifestyles. Polly Tonemah encouraged citizens to “Go Further with Food” and choose healthy nutrition. She also encouraged people to talk to registered nutritionists about food. - - - - - - - - Item 3d –Employee of the Month – Jody Ashlock, Fire Department 8:45 AM Fire Marshall David Collins introduced Jody Ashlock as the Employee of the Month. Mayor Santellana presented a plaque, a letter of appreciation, restaurant voucher, and a check to Mr. Ashlock and thanked him for his service. - - - - - - - Item 4-6c- Consent Items 8:50 AM City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Brown that the consent items be approved. Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None Item 4 - Approval of Minutes of the February 20, 2018 Regular Meeting of the Mayor and City Council Item 5a – Resolution #29-2018 CITY COUNCIL MINUTES March 6, 2018 Page 3 Resolution No. 29-2018 Resolution Authorizing the Purchase of One (1) John Deere Tractor from Quality Implement Co. in the Amount of $59,697.30 and One (1) Triple Flail System from Tiger Corporation in the Amount of $61,989.24, Both Through the BuyBoard Purchasing Cooperative Item 5b – Resolution #30-2018 Resolution No. 30-2018 Resolution Authorizing a Contract for the Wichita Falls Public Library Elevator Replacement Project to Otis Elevator Company through the BuyBoard Purchasing Cooperative in the Amount of $121,614.77 Item 6 - Receive Minutes Minutes of the following boards and commissions were received: (a) Wichita Falls Economic Development Corporation, November 16, 2017 (b) Planning & Zoning Commission, January 10, 2018 (c) Library Advisory Board, February 20, 2018 - - - - - - - Item 7a – Ordinance #08-2018 8:52 AM Ordinance No. 08-2018 Ordinance Reopening and Extending that Section of Travis Street North of the Area Previously Reopened by Ordinance No. 18-2017 Located in the MPEC South Addition North of Fourth Street as Shown and Depicted on the Attached Location Map and Exhibit “A” Moved by Councilor Hooker that Ordinance No. 08-2018 be passed. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None - - - - - - Item 7b – Ordinance #09-2018 8:54 AM Ordinance #09-2018 Ordinance Authorizing the City Manager to Execute and Grant an CITY COUNCIL MINUTES March 6, 2018 Page 4 Easement and Right-of-Way to Oncor Electric Delivery Company, LLC, Consisting of 0.74 Acres in Lieu of Oncor Executing a Partial Release of Easement Consisting of 0.58 Acres of City-Owned Property Crossing Holliday Creek, Being Located in the J.A. Scott Survey, Abstract 299, Wichita Falls, Wichita County, Texas Moved by Councilor Chenault that Ordinance No. 09-2018 be passed. Motion seconded by Councilor West and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None Item 7c – Ordinance #10-2018 8: 56 AM Ordinance #10-2018 Ordinance Authorizing the City Manager to Execute and Grant a Variable Width Easement and Right-of-Way to Oncor Electric Delivery Company, LLC, Consisting of 1.044 Acres of City-Owned Property Located within the Jasper Water Treatment Plant, Being Located in the J.A. Scott Survey, Abstract 302, Wichita Falls, Wichita County, Texas Moved by Councilor Chenault that Ordinance No. 10-2018 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None - - - - - - Item 7d – Ordinance #11-2018 8:58 AM Ordinance #11-2018 Ordinance of the City Council of the City of Wichita Falls, Texas, Approving a Tariff Authorizing an Annual Rate Review Mechanism (“RRM”) as a Substitution for the Annual Interim Rate Adjustment Process Defined by Section 104.301 of the Texas Utilities Code, and as Negotiated between Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”) and the Steering Committee of Cities Served by Atmos; Requiring the Company to Reimburse Cities’ Reasonable Ratemaking CITY COUNCIL MINUTES March 6, 2018 Page 5 Expenses; Adopting a Savings Clause; Determining that this Ordinance Was Passed in Accordance with the Requirements of the Open Meetings Act; Declaring an Effective Date; and Requiring Delivery of this Ordinance to the Company and Legal Counsel for the Steering Committee. Moved by Councilor Desai that Ordinance No. 11-2018 be passed. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None - - - - - - Item 8a – Resolution #31-2018 9:02 AM Resolution #31-2018 Resolution Authorizing the Purchase of One (1) John Deere Tractor with Brush Hog through the BuyBoard Purchasing Cooperative from Quality Implement Co. in the Amount of $84,327.90 Moved by Councilor Hooker that Resolution No. 31-2018 be passed. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None - - - - - - Item 8b – Resolution #32-2018 9:05 AM Resolution #32-2018 Resolution Authorizing the City Manager to Execute a Five-Year Towing and Impound Service Contract and Commercial Lease for Property at 3101 Armory Road with Jody Wade Enterprises, LLC and Collins Motor Company, LLC. or at 3205 Industrial Drive with Mike Freeman’s Towing Service, LLC. Moved by Councilor Hooker that Resolution No. 32-2018 be passed. Motion seconded by Councilor West. Tim Berardi, 5118 Langford Lane, spoke to defend the contract that has been held by Big Daddy’s towing. He said photos that will be shown are a misrepresentation. He distributed CITY COUNCIL MINUTES March 6, 2018 Page 6 photos to the councilors that he feels are a better representation. He said Jody Wad e Enterprises meets and exceeds all contract requirements. Shyla Davis, 5128 Inlet Drive, said she is the office manager for Jody Wade Enterprises. She said there are six dispatchers who are licensed and psychologically prepared to deal with the job as well as being able to run the required software. Chris Havens, 3020 Cunningham, said he is the fleet manager for Big Daddy’s. They have fifteen trucks dedicated to the city’s contract. The fleet has been upgraded twice during the past five years to meet the demands. He said he does not think there is another com pany that can meet those needs. Mr. Berardi said there are very high requirements that must be met to fulfill the contract obligations. He said he respects the fact that Mike’s Towing has a reputable name, but they only have a five truck fleet. He said he has other concerns with the RFP. He said there is not a storage facility ready for the other company. He said there is no need to change something that is currently working and that their business runs their business professionally. He said it will cost money if a change is made. He said all vehicles must be moved by April 1st. He said he does not know why this is being voted on by the council because there was an option for an automatic renewal. Jody Wade, 26 Chateau Court, thanked the council for the past five years. He said there has been a flawless contract that has worked well. He said his staff does an excellent job working with the police department. He said trucks are staged and the facility is centrally located. He listed examples of things the company gives back to the community. He said the public will bash whoever holds the contract. He asked for another five years to continue the service. He said they have the county and DPS impounds as well as the city. He said he has made a bad choice in his personal life and he asked for forgiveness from the council. He said he will not do anything else that would put a black eye on the city or else he would rescind the contract. Mike Freeman, 145 South Huntington Lane, said there has been a lot said about his small business. He said he has five drivers and two in training. He has seven tow trucks, a haul truck and trailer, and a service van. He also has three other towing companies willing to help if he needs more resources. He has three acres of fenced land and is adding fence to the other two acres. He has additional acreage under contract to add if necessary. He said he will be able to meet all requirements of the RFP. He has two dispatchers. He said he built his business with integrity and is up to the challenge. He said he believes if he wins the contract it will be a good business. Chief Borrego said Jody Wade Enterprises has the resources already and Mike’s Towing will need to spin up. He said he feels Mike’s Towing could be successful if that is the choice of the council. It was noted there were four applicants for the contract and only these two were considered to meet the requirements. Johnny Freeman, 145 South Huntington, said they have the VTS system which will help with the reports the dispatchers prepare. There is also a GPS function. She said there are a lot of things in place, such as the electronic gates, waiting for this decision. Tim Berardi said at the time they received the contract five years ago they were ready. He said Mr. Freeman said they have other companies ready to assist, but background checks CITY COUNCIL MINUTES March 6, 2018 Page 7 are required for each driver. He said they average about 14 calls each day for the police department. He said about 80% of those calls will go unpaid. He said the grace period is March 31st and the property must be owned and operated by that time. The facility must also be operational by that time. He also stated minimum standards are not met by his competition. City Attorney Kinley Hegglund said that the council has the ability to set a grace period as they feel is appropriate. Denny Cothran, 666 Sue Lane, said he is a native of Wichita Falls. He has known the Freeman’s for over 30 years and knows that they are a local family with a family bus iness. He said he is in the trucking business and has had to use Mike’s Towing for his own fleet. He has been capable, responsive, and does a good job. He said he believes Mike will be ready to do a good job by April 1. Troy Thompson, 2 Harley Court, Iowa Park, said he has also had work done by Mike Freeman. His crews are set up ready to go to help Mike if he is awarded the contract. He said his crews can meet the requirements. Mr. Freeman said Mr. Thompson is the contractor to build the warehouse. Mr. Thompson said the evidence room can be done within four or five days. Councilor Brown said he has had a lot of phone calls about this issue. He said he believes Jody Wade Enterprises runs a great operation and he doesn’t think there are any complaints but misconduct has overshadowed a business’s operations. He said he feels the city needs to look at the overall picture and what is best for the city. Mayor Santellana said the decisions are going to build up or tear down the foundation of what the city represents. This is one of the hard decisions. He thanked those who spoke on both sides. He noted the contract ends this month; it is not an early termination. The police chief brought two viable proposals to the council. Moved by Councilor Hooker to amend the resolution to authorize the lease with Mike Freeman’s Towing Service, LLC. Motion seconded by Councilor Brown. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None Motion as amended carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, Hooker, and West Nays: None - - - - - - Item 9– Items of Concern to Members of the City Council 10:10 AM Members of the City Council presented the following matters: CITY COUNCIL MINUTES March 6, 2018 Page 8 Councilor Desai gave a shout out to the Hirschi Huskies. Councilor Chenault thanked those in attendance. Councilor West said he understands the issues with the prairie dog relocation. He asked that the Park Department meet with volunteers to try relocation of the prairie dogs. Mayor Santellana said he has received several calls about the prairie dogs also. He said the city is increasing their habitat and does not want to lose prairie dogs any more than necessary during the project. Mayor Santellana encouraged everyone to vote. - - - - - - - Item 10 – Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 10:14 AM Lisa Pearson, 212 A Matador, proposed the city implement a Crisis Intervention Team (CIT). She listed several providers that serve those with mental or intellectual impairments. She said the focus of a crisis intervention team is to defuse situations and get mental help for individuals rather than throw them into the criminal justice system. She said her autistic daughter has been arrested twice from a group home but does not have the ability to understand behavioral consequences. They need services and support to be successful. She distributed information on the formation of CITs. There were no other comments given. - - - - - - - Item 11 – Executive Session There was no executive session. - - - - - - - Item 12 –Adjourn City Council adjourned at 10:21 AM. PASSED AND APPROVED this 20th day of March, 2018. __________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Deputy City Clerk