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City Council Meeting
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December 21 2021
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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
Bobby Whiteley - Mayor Pro Tem/At-Large
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Reverend Michael Hansen, First Presbyterian Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3-5 — Consent Items
8:33 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 3—Approval of Minutes of the December 7, 2021, Regular Meeting of the Mayor
and City Council
Item 4a — Resolution 161-2021
Resolution authorizing the City Manager to purchase replacement firefighter turnout gear
from Casco Industries, Inc. in the amount of$65,148.00.
Item 4b — Resolution 162-2021
Resolution authorizing the purchase of a John Deere 310L Backhoe Loader for the
Cemetery Division through the Sourcewell Purchasing Cooperative from Yellowhouse
Machinery Co. in the amount of $107,850.00.
Item 4c — Resolution 163-2021
Resolution authorizing the purchase of two (2) John Deere 524P Wheeled Loaders for
the Street Department through the Sourcewell Purchasing Cooperative from Yellowhouse
Machinery Co. in the amount of $370,000.00.
Item 4d — Resolution 164-2021
Resolution authorizing the purchase of a John Deere 620G Motor Grader for the Street
Department through the Sourcewell Purchasing Cooperative from Yellowhouse
Machinery Co. in the amount of $270,000.00.
Item 5 — Receive Minutes
(a) Wichita Falls Park Board, October 28, 2021
(b) Lake Wichita Revitalization Committee, November 9, 2021
(c) Planning & Zoning Commission, November 10, 2021
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(d) Landmark Commission, November 23, 2021
Item 6a — Ordinance 65-2021
8:35 a.m.
Ordinance making an appropriation to the Special Revenue Fund for HIV/STD-DIS
Prevention Services grant funding in the amount of $199,939 received from the
Department of State Health Services and authorizing the City Manager to execute
contract accepting same.
Moved by Councilor Brewer to approve Ordinance 65-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley.
Nays: None
Item 6b — Ordinance 66-2021
8:37 a.m.
Ordinance modifying the appropriations in the Water & Sewer Fund budget for the 2021-
22 fiscal year to allow for emergency repairs to the 9th Street Elevated Storage Tank and
declaring an emergency.
Moved by Councilor Browning to approve Ordinance 66-2021.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley.
Nays: None
Item 6c — Ordinance 67-2021
8:42 a.m.
Ordinance authorizing the carry-forward of capital and related funds from the 2020-21
Budget to the 2021-22 budget as part of the 2020-21 fiscal year-end closing process.
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Moved by Councilor Browning to approve Ordinance 67-2021.
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley.
Nays: None
Item 6d — Ordinance 68-2021
8:45 a.m.
Ordinance amending Section 2 of Ordinance No. 49-2021, the fee schedule applied to
Development Services operations; providing for severability; providing that such
ordinance shall not be codified; and providing an effective date.
Moved by Councilor Brewer to approve Ordinance 68-2021.
Motion seconded by Councilor Smith.
Terry Floyd, Director of Development Services, discussed the proposed fee changes. It
was noted that there are no automatic increases in future years, and Council will consider
fees on an annual basis. This Ordinance will be effective beginning March 1, 2022, to
protect bids that have already been submitted. There was a brief discussion regarding
the timeline of receiving a permit, and Mr. Floyd stated that complete applications are
processed relatively quickly.
Michael Grassi, #7 Amber Valley, Government Affairs Liaison for the Texas Homebuilders
Association, addressed the Council and stated that the association is not in favor of the
proposed increase. He expressed concerns over the lack of continued discussion
regarding these fees since they were last presented in November, comparisons made to
other cities, problems with these comparisons , costs associated with issuing permits, and
case law that requires permit fees to be revenue-neutral. He also asked if the costs to
provide services are relevant to the permit fee increases. Mr. Grassi stated that the
number of permits issued for new homes is down, but the staffing levels had not
decreased from 2006 levels when new home permits were up substantially. They are not
opposed to an increase, but they want to ensure the fees are appropriate and revenue-
neutral.
There was a lengthy discussion regarding several issues including, fees being revenue-
neutral, stakeholders' meeting discussions, fees not being reviewed since 2010, the cost
to outsource permit and inspections services, comparisons with peer cities, increased
cost of services due to inflation and personnel costs. Additionally, concern was expressed
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December 21, 2021
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over the amount of time that stakeholders and the Council have had to review the
proposed changes.
Councilor Smith called for a vote.
Motion seconded by Councilor Browning and the motion to call for a vote carried by the
following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley.
Nays: Councilor Jackson.
The main motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, and Smith
Nays: Councilors Jackson, Nelson, and Whiteley
(Although the electronic voting system showed Councilor Smith as a Nay and Councilor
Nelson as an Aye, it was confirmed after the meeting that the equipment was programmed
incorrectly with Councilor Nelson's vote showing under Councilor Smith and vice versa.
The vote, as stated above, is correct. All votes were unanimous before and after this
item, so no other votes were affected).
Item 7a — Resolution 165-2021
9:37 a.m.
Resolution approving the transfer of various aged receivable accounts to dormant status
as part of the City's fiscal year-end closing process.
Moved by Councilor Brewer to approve Resolution 165-2021 .
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Nelson, Jackson, Smith, and Whiteley
Nays: None
Item 7b — Resolution 166-2021
9:40 a.m.
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Resolution authorizing the City Manager to execute Professional Services Agreement
with Biggs & Mathews, Inc. for engineering services for the 9th Street Elevated Water
Storage Tank Replacement in the amount of$525,000.00.
Moved by Councilor Brewer to approve Resolution 166-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7c — Resolution 167-2021
9:43 a.m.
Resolution authorizing the City Manager to reject bids for a Trailer-Mounted Tier 3
Portable Generator.
Moved by Councilor Browning to approve Resolution 167-2021.
Motion seconded by Councilor Whiteley and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7d — Resolution 168-2021
9:45 a.m.
Resolution authorizing the purchase of a Bulk Refuse Collection Truck for the Sanitation
Collection Division through the Houston-Galveston Area Council (H-GAC) Purchasing
Cooperative from Bruckner Truck Sales, Inc. in the amount of$182,577.00.
Moved by Councilor Brewer to approve Resolution 168-2021 .
Motion seconded by Councilor Browning.
Hayden Hansen, 6907 Seymour Hwy, asked how many units are in service and stated
that two units are in service.
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Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 7e — Resolution 169-2021
9:48 a.m.
Resolution authorizing the purchase of a 15-Yard Dump Truck for the Street Department
through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from
Bruckner Truck Sales, Inc. in the amount of$170,442.00.
Moved by Councilor Browning to approve Resolution 169-2021.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley.
Nays: None
Item 8a — Staff Report— Solid Waste Presentation, Russell Schreiber
9:51a.m.
Russell Schreiber, Director of Public Works, gave a presentation regarding commercial
solid waste collection services. Per City Charter Section 148, the City is the sole provider
of solid waste collection services inside city limits. The City provides this service at cost
and expends hundreds of millions of dollars to do so. The City has historically allowed
third-party services for temporary roll-offs for construction/demo waste, compactors, and
industrial hazardous wastes, even though this is not explicitly identified in the Ordinance.
After reviewing commercial accounts, staff found several accounts that are receiving
illegal roll-off services and that third-party services have infiltrated solid waste services,
eroding City revenues. Conservatively, the City would have received approximately
$100,000 in revenue for the 31 illegal third-party containers, which could have reduced
the previous 6% rate increase. Staff has contacted the 31 customers and informed them
of the requirement for city-provided services. Staff also had a meeting with third-party
companies, and they did not want to comply. Staff investigation found that city solid waste
services will cost customers significantly less than the amount they are currently paying.
Mr. Schreiber compared roll-off services in other cities which have varying options. He
proposed the following options:
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December 21, 2021
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Options I and II would both bring the City back into compliance with TCEQ and EPA
regulations, help protect the City's commercial revenue, and reduce future rate increases.
These options would require the City to purchase additional equipment and acquire
additional staff.
Option II adds a third-party franchise fee, which would ensure compliance and help cover
the cost of wear and tear on the street system. The additional revenue generated will go
towards significant capital improvements needed over the next several years.
Options III and IV would allow roll-off services to continue through third-party companies,
which has been a convenience to some commercial customers. Still, they would
dramatically erode commercial revenue, require frequent rate increases, and violate
TCEQ and EPA regulations.
Staff strongly recommends Option II as it requires franchise fees for third-parties,
ensuring compliance, protecting revenues, and generating revenue for future capital
improvements. Start-up costs of approximately $600,000 would be needed for additional
equipment and staff. This amount is available in fund balance, and services would be
operational in 4-6 months.
Councilor Whiteley stated that almost every slide included TCEQ regulations and asked
about the possibility of fines. Mr. Schreiber noted that there could be fines imposed on
the City for TCEQ violations.
Councilor Nelson asked if we would have enough land to store the additional equipment.
Councilor Brewer asked about no profit being made for providing this service. Mr. Leiker
discussed how Water, Sewer, and Solid Waste are all operated as Enterprise funds and
only generate enough revenue to cover the cost of services, including equipment
replacement.
Councilor Browning asked for ample time for Council to review the options. Mr. Schreiber
stated that this Ordinance may be ready in late February and asked Council for feedback
on the proposed options.
Mayor Santellana agreed with Option II.
Mr. Schreiber explained why the City pays a 6% fee from Solid Waste to Streets, which
covers the costs of damages caused by City trucks. Currently, third-party providers are
not paying the separate franchise fees to cover this cost, which is unfair to taxpayers.
Item 8b — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
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10:24a.m.
Councilor Jackson wished everyone a Merry Christmas and Happy New Year and prays
that this new year is better than the last.
Councilor Brewer asked Lou Kreidler about the pet situation. Ms. Kreidler stated that they
had a Home for the Holidays event, but there are no other giveaways over the holiday
season.
Councilor Smith discussed a headline in the Fort Worth paper regarding climate change
and cold weather. He asked Council to think of any questions they may have or concerns
for the City Manager and Director of Public Works to address possible weather scenarios.
Councilor Browning wished everyone a Merry Christmas and Happy New Year.
Councilor Whiteley gave kudos to Downtown Development for the City Lights Parade.
Last week he accepted a gift from the Daughters of the American Revolution, and he
congratulated staff regarding the Vietnam Memorial statue at Lake Wichita. He wished
everyone a Merry Christmas.
Councilor Nelson thanked everyone for attending, wished everyone a Merry Christmas,
stated Russell did a great job today, and he enjoyed the parade. He wished everyone a
Happy New Year.
Mayor Santellana discussed the revealing of the WFTX sign at Park Central, and he
congratulated Jana Schmader and her staff for this project and the parade. He expressed
his pride in the Hirschi Huskies for their successful season and other area teams. The
City is wrapping up a busy year and going into an eventful new year with the hotel project.
He expressed his gratitude to the staff for all they have accomplished this year and hopes
that citizens recognize they are good stewards. He wished everyone a Merry Christmas.
Item 9 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
9:49 a.m.
Kerry Wylie, 6907 Seymour Highway, On-Site Solutions, stated that their intent was not
to be illegal, but that they are efficient, safe, tarp their loads, and in 6 '/2 years of business,
they have paid the landfill over$2 million. He asked that the City work with the third-party
providers to continue their services.
Hayden Hansen, 6907 Seymour Highway, On-Site Solutions, discussed the private solid
waste meeting and statements regarding illegal services. There were some
discrepancies in the information they were provided at the meeting and what had been
discussed today. He discussed TCEQ regulations and asked how the City regulates the
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December 21, 2021
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type of trash put in containers, and indicated there are some problems with no lids and
holes in city containers. Mr. Hansen stated that they are willing to work with and help the
City, and they would like to be included in the decision. He also does not want to see
every roll-off provider out of service.
Shawn McCullar, 7001 Jacksboro Highway, Wichita Waste Management, stated that all
of the companies work together to provide a service to the City.
He explained that these businesses were built over the last 20 years, and the City has
continued to allow the roll-off trash service, but now the City wants to enforce regulations
that will decrease his business revenue. Mr. McCullar discussed additional costs to the
City if these third-party companies are not allowed to provide services and possible
revenue lost to the City if changes are made. He also proposed the Ordinance state that
all waste collected in the City limits must be taken to the City landfill. He explained that
both the City and the companies are in the wrong under the current ordinance. Mr.
McCullar noted businesses that the City could not handle but third-parties can. If the City
takes away the core business and shuts down roll-offs, it will have to start hauling the
industrial waste.
Tanner Wachsman, 5689 Black Stone Drive, President of North Texas Home Builders
Association, discussed how this ordinance change would directly impact contractors. He
explained that there would be an increase in service requirements from the City should
they take over all roll-offs. He discussed increased wait times and problems with
processing the requests for pickup if the City were to assume the service. Mr. Wachsman
asked that they postpone any changes as there is currently discussion in the Texas
Supreme Court regarding how franchise fees are collected. He also requested that the
City hold additional meetings with stakeholders to determine how this could impact the
community and housing affordability.
Item 10 — Executive Session
10:46 a.m.
City Council adjourned into Executive Session at 10:46 a.m. in accordance with Texas
Government Code §551.074.
Mayor Santellana left the meeting at 10:46 a.m.
City Council reconvened at 11:04 a.m.
Mayor Pro Tem Whiteley reconvened in open session and announced that no votes or
polls were taken.
Item 11 — Appointments to Boards and Commissions
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Moved by Councilor Smith to make the following appointments to the Airport Board of
Adjustments:
Place 4 — reappoint Lawrence Cutrone, term to expire 12/31/2023
Place 5 — reappoint Debra Carr, term to expire 12/31/2023
Place 6 — reappoint Mark McBurnett, term to expire 12/31/2023
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointment to the Animal Shelter
Advisory Committee:
Place 4 —Amber Browning, term to expire 12/31/2023
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Emergency
Medical Services Advisory Board:
Place 6 — reappoint John Hilmi, MD, waiver of term limit, term to expire 12/31/2023
Place 7 — reappoint Nancy Berend, waiver of term limit, term to expire 12/31/2023
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointment to the Lake Wichita
Revitalization Committee:
Place 11 — Rick Hernandez, term to expire 07/31/2027
Motion seconded by Councilor Brewer and carried by the following vote:
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December 21, 2021
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Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Landmark
Commission:
Place 1 — reappoint Andy Lee, waiver of term limit, term to expire 12/31/2024
Place 6 — reappoint Marcela Medellin, term to expire 12/31/2024
Place 7 — reappoint Christy Graham, waiver of term limit, term to expire 12/31/2024
Place 8 — reappoint Nadine McKown, term to expire 12/31/2024
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Park Board:
Place 2 — reappoint Patrick Hearn, term to expire 12/31/2024
Place 4 — reappoint Sandy Fleming, waiver of term limit, term to expire 12/31/2024
Place 5 — reappoint Jim Heiman, waiver of term limit, term to expire 12/31/2024
Place 7 — Dorcas Chasteen, term to expire 12/31/2024
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Planning and
Zoning Commission:
Place 2 — reappoint Blake Haney, term to expire 12/31/2023
Place 3 — reappoint Cayce Wendeborn, term to expire 12/31/2023
Place 4 — Move Wayne Pharries from Place 10 —Alternate, term to expire 12/31/2022
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Place 5 — reappoint Noros Martin, term to expire 12/31/2023
Place 7 — reappoint Michael Grassi, term to expire 12/31/2023
Place 10 —Anthony Vidmar, term to expire 12/31/2023
Place 12 — Mark McBurnett, term to expire 12/31/2023
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Tax Increment
Financing District, Reinvestment Zone #2 Board:
Place 1 —Whitney McCullar, term to expire 12/31/2023
Place 2 — reappoint Jim Chandler, waiver of term limit, term to expire 12/31/2023
Chair for 2022 — Ben Filer
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Tax Increment
Financing District, Reinvestment Zone #3 Board:
Place 2 — reappoint Whitney McCullar, term to expire 12/31/2023
Chair for 2022 — Kenneth Haney
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Tax Increment
Financing District, Reinvestment Zone #4 Board:
Place 1 — reappoint Ben Filer, waiver of term limit, term to expire 12/31/2023
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Place 2 — reappoint John Dickinson, waiver of term limit, term to expire 12/31/2023
Place 3 — reappoint Jeff Marion, term to expire 12/31/2023
Chair for 2022 — Ben Filer
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Water Resources
Commission:
Place 1 — reappoint Shane FitzHenry, term to expire 12/31/2023
Place 4 — reappoint Glenn Barham, term to expire 12/31/2023
Place 5 — reappoint Roberto Huezo, term to expire 12/31/2023
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Wichita County-
City of Wichita Falls Health District Board:
Place 1 — reappoint Paris Ward, term to expire 12/31/2023
Place 3 — Jared Harlon, DVM, term to expire 12/31/2023
Place 4 — reappoint Melissa Plowman, term to expire 12/31/2023
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Moved by Councilor Smith to make the following appointments to the Zoning Board of
Adjustment:
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Place 1 — reappoint Steven Young, term to expire 12/31/2023
Place 3 — reappoint Dave Waddell, term to expire 12/31/2023
Place 4 — Move Kerry Maroney from Place 9 — Alternate 4 to Place 4, term to expire
12/31/2023
Place 5 — reappoint Tyson Traw, waiver of term limit, term to expire 12/31/2023
Place 9 Alternate 4 unexpired term — Rick Hernandez, term to expire 12/31/2022
Place 10 — reappoint Mark McBurnett, term to expire 12/31/2023
Chair for 2022-2023 — Tyson Traw
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley.
Nays: None
Item 12 — Adjourn
Mayor Pro Tem Whiteley adjourned the meeting at 11 :19 a.m.
PASSED AND APPROVED this 4th day of January 2022.
to hen Santeliana
p � Mayor
ATTEST:
Marie Balthrop, TR , MMC
City Clerk
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