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