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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas met in regular session at 8:30 a.m. on
the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Stephen 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
Pastor Harold Roan, Lamar Baptist Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3a — Employee of the Month — Kaleb Gresham, Fire Department
8:32 a.m.
Ken Prillaman, Fire Chief, recognized Kaleb Gresham as the Employee of the Month for
March 2022. Mayor Santellana congratulated Mr. Gresham and presented him with a
plaque, letter of appreciation, restaurant voucher, and check, and thanked him for his
service.
Item 3b — Proclamation — March for Meals Month, The Kitchen Meals on Wheels
8:36 a.m.
Mayor Santellana read a proclamation proclaiming March 2022 as Meals on Wheels
March for Meals Month in Wichita Falls and urged everyone to come together to bring
awareness and provide a vital lifeline and connection to our senior neighbors.
Item 3c — Proclamation —Women's History Month, Wichita Falls Alliance for Arts &
Culture
8:39 a.m.
Mayor Santellana read a proclamation proclaiming March 2022 as Women's History
Month in Wichita Falls, Texas and called upon residents to honor the outstanding women
whose contributions to culture, history, our economy, and families have shaped our
community.
Item 4-6 — Consent Items
8:44 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 4—Approval of minutes of the February 15, 2022, Regular Meeting of the Mayor
and City Council
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March 1, 2022
PAGE 2 OF 13
Item 5 — Resolution 23-2022
Resolution authorizing the purchase of a Tier 3, 400 KW Emergency Portable Generator
and associated trailer for emergency response to power failures and compliance with
Senate Bill 3 (87th Legislature), from Loftin Equipment, in the amount of $165,510.00.
Item 6 — Receive Minutes
(a) Planning & Zoning Commission, January 12, 2022
(b) Wichita Falls Economic Development Corporation, January 20, 2022
(c) Landmark Commission, January 25, 2022
Item 7 — Ordinance 06-2022
8:45 a.m.
Ordinance amending the Sanitation Fiscal Year 2021-2022 budget authorizing
operational expenses and capital investment for a commercial roll-off service in the
amount of$787,750.00 and authorizing City Manager to purchase two roll-off trucks.
Moved by Councilor Brewer to approve Ordinance 06-2022.
Motion seconded by Councilor Browning.
Russell Schreiber, Director of Public Works, discussed the current solid waste ordinance,
which requires the City to be the sole solid waste collector provider in the City, and how
third party collectors have been allowed to service construction and demolition waste,
compactor waste, and special waste. Mr. Schreiber discussed state law requirements for
Cities to have complete control over solid waste collection for the health, safety, and
welfare of the public, and how staff recently discovered several commercial accounts that
are being serviced by third party providers. Mr. Schreiber discussed the plan to establish
a City commercial roll-off service to return these accounts into compliance with ordinance
requirements, the City's intent to only take back commercial solid waste accounts, and
that funds to establish this service will come from excess fund balance in the Sanitation
Fund. There was brief discussion regarding this item being deemed an emergency.
Councilor Jackson moved to table this item and his motion died for a lack of a second.
There was lengthy discussion regarding the return on investment, the possible impact to
third party providers, the current informal agreement with third party providers, the intent
to formalize this agreement, the City's ability to keep up with the demand, and concerns
with approving the budget amendment prior to the updated Solid Waste Ordinance being
approved. Mr. Leiker noted that Council has been receiving information regarding the
proposed Ordinance in weekly updates with no feedback, and it was noted that the intent
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March 1, 2022
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is to bring the updated Solid Waste Ordinance before the Council in April, but to go ahead
with needed equipment purchases due to delivery time issues.
Hayden Hansen, 6907 Seymour Highway, On-Site Solutions, addressed the Council and
spoke against the City establishing commercial roll-off services. Mr. Hansen expressed
concerns with alleged TCEQ and law violations, alleged loss of City revenue, the
possibility of the City taking over all roll-off services, the need for weekend and holiday
service, and the need to approve the revised Solid Waste Ordinance before taxpayer
dollars are spent. Mr. Hansen acknowledged that he is not in the business to haul
putrescible waste inside the City limits of Wichita Falls, and that the City servicing 30-40
containers will not bankrupt his business, but that it would affect his business. Mayor
Santellana, and staff reiterated that there is no intent to take over all roll-off services inside
City limits, and discussed budget and purchasing laws. Mr. Hansen's concern is that the
City could take over the roll-off business completely in the future, and he encouraged the
Council to consider how this would affect all of the companies involved and the City of
Wichita Falls.
Anthony Inman, 2310 Brook Hollow Dr., addressed the Council and discussed his use of
roll-off services, concerns with the return on investment, and future maintenance costs.
Mr. Inman suggested that the Council consider passing an Ordinance requiring all trash
collected inside City limits to be taken to the City's landfill, or possibly contract out roll-off
services.
Chad Witherspoon, 4107 McNeil, Luxury Bath, addressed the Council and spoke against
the City establishing roll-off services. He discussed his use of roll-off containers, how the
City does not provide this service, and concerns about the City creating a monopoly that
will erode competitive pricing. Mr. Witherspoon expressed concerns about using excess
fund balance, stated that he agrees that all solid waste generated in the City should be
taken to the City landfill, and suggested rules should be in place before any purchases
are made.
Wayne Pharries, 7 Mayfair Terrace, addressed the Council and spoke against the City
establishing roll-off services. He discussed the Council's responsibility to serve citizens,
asked if any of the Councilors had been asked by citizens to expand City services for roll-
off containers, and expressed concerns with this item being declared an emergency. Mr.
Pharries encouraged the Council to vote no on items that will put the City in direct
competition with a private business for a service that was not previously provided, and to
pass the Solid Waste Ordinance before moving forward.
Shawn McCullar, 7001 Jacksboro Highway, Wichita Waste Management, addressed the
Council and spoke against the City establishing roll-off services. He discussed the
services he provides, concerns with third party contractors not knowing how this will affect
their business until the rules are established, possible lost revenue that will raise his costs,
and how the City has allowed these businesses to become established. Mr. McCullar
suggested setting rules that will protect the City's revenues without taking over roll-off
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March 1, 2022
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services, to consider maintenance and insurance costs associated with providing roll-off
services, and to not take away business from third party contractors.
Andrew Bowles, Wichita Waste Management, addressed the Council and spoke against
the City establishing roll-off services. He read a prepared statement and expressed
concerns for his business, discussed how the City has allowed roll-off businesses to be
built, and stated the public is trying to make a change. Mr. Bowles discussed the concerns
of young adults in the community, how the City is making it hard to own a business and
is stifling growth. He discussed his desire to invest in Wichita Falls, and encouraged the
Council to invest in the citizens and be the change that is needed.
Mickey Fincannon, M & R Services, addressed the Council, and spoke against the City
establishing roll-off services. He expressed concerns with his dumpster previously being
used as an example of an illegal dumpster when no rules were broken, and concerns with
staff misleading the Council. As a member of local government, he believes that the
Council should be listening to their citizens more than their staff. Mr. Fincannon
expressed concerns with this process being rushed and agrees that the Solid Waste
Ordinance should be approved prior to any purchases being made.
Due to possible technical difficulties with livestreaming Mayor Santellana suspended the
meeting for a short break at 9:55 a.m.
Mayor Santellana called the meeting back into session at 10:14 a.m. and stated that the
live feed was not lost and when watching the replay there should not be a break in the
video.
Mayor Santellana stated that in light of the ordinance not being ready at this time, he
moves to table this item until the April 5, 2022, meeting.
Motion was seconded by Councilor Browning.
Mickey Fincannon asked that he be allowed to finish his statement. He discussed
revenues received from third party providers, expressed concerns with the City allowing
third party businesses to provide this service against ordinance provisions, the burden
being placed on the taxpayers, and stated that the alleged illegal dumpsters should have
been handled by Code Enforcement. Mr. Fincannon expressed concerns with the initial
investment and the inability to recover the taxpayer investment, discussed an injunction
that was filed to stop action on this item, and stated that the Council should discuss this
further as there should be a public need for a public service and there is no public need
for this service.
Councilor Smith called for a vote on the motion to table.
Councilor Browning seconded and the motion to table carried by the following vote:
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March 1, 2022
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Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8a — Resolution 24-2022
10:23 a.m.
Resolution authorizing award of bid for the purchase of 30 and 40-yard roll-off containers
to Roll Offs USA, Inc. in the amount of$283,750.00.
Moved by Councilor Browning to table this item until April 5, 2022.
Motion seconded by Councilor Jackson and carried by the following vote.
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8b — Resolution 25-2022
10:24 a.m.
Resolution authorizing the City Manager to reject bids for a Roll-off truck.
Moved by Councilor Brewer to table this item.
Councilor Brewer withdrew his motion to table and moved to approve Resolution 25-2022
to reject bids.
Motion seconded by Councilor Jackson and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8c — Resolution 26-2022
10:26 a.m.
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Resolution authorizing the submittal of a grant application and designation of Authorized
Official to the State Homeland Security Grant Program via the Office of the Governor for
Technical Rescue Equipment.
Moved by Councilor Brewer to approve Resolution 26-2022
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 8d — Resolution 27-2022
10:27 a.m.
Resolution authorizing the purchase of twelve (12) in-car camera systems for new Police
patrol units through the Houston-Galveston Area Council (H-GAC) Purchasing
Cooperative from SF Mobile-Vision, Inc.in the amount of $72,530.00.
Moved by Councilor Browning to approve Resolution 27-2022
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 8e — Resolution 28-2022
10:32 a.m.
Resolution approving the programs and expenditures of the Wichita Falls Type B Sales
Tax Corporation (4B) Board of Directors and amending the budget to include funding up
to $1,017,192 to Will Kelty dba The Kate WF LLC to assist in fire suppression system
upgrades as part of the proposed renovations at the existing building at 726 Scott Ave.
downtown.
Moved by Councilor Browning to approve Resolution 28-2022
Motion seconded by Councilor Smith.
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Paul Menzies, Assistant City Manager, discussed the proposed project, the project
timeline, and stressed that these funds are contingent upon performance agreement
standards that must be met.
There was brief discussion regarding the dormitory type rooms and how these rooms are
available to college students not required to live on campus at the student's choice.
There was brief discussion regarding the total amount of funds Mr. Kelty has received
from the Type B Sales Tax Corporation and that this information will be provided to the
Council. It was noted that Mr. Kelty has invested between $8 million and $12 million in
projects in Wichita Falls and this project will be an additional $16 million investment, and
the Type B funds are a very small portion of this investment.
There was brief discussion regarding separating the project into two permits and two
certificates of occupancy. It was noted that the fire suppression system must be installed
throughout the entire building first, and a new pump will be installed to address fire
suppression system pressure concerns.
Mr. Kelty stated that several of his projects would not have been a success without the
support of the Type B Sales Tax Corporation and the City and thanked the Council for
their support.
Mickey Fincannon, 408 4th Street, addressed the Council and stated he is pro-business
pro Wichita Falls and pro Wichita County, and that although he does not always agree
with how Type A and Type B funds are expended, he does like to see development and
large investors in our community. He likes to see the City move forward and encouraged
the Council and City staff to work with the developers to make Wichita Falls a positive
friendly environment for businesses.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8f— Resolution 29-2022
10:52 a.m.
Resolution authorizing the Mayor to execute a Tax Abatement Agreement with The Kate
WF LLC previously known as Petroleum Building Wichita Falls LLC related to their project
where they will spend approximately $14.6 million to remodel floors 2-10 into 170 multi-
family apartments on the property known as 726 Scott Avenue and owned by The Kate
WF LLC, which is in the Downtown Petroleum Building Reinvestment Zone.
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Moved by Councilor Brewer to approve Resolution 29-2022
Motion seconded by Councilor Smith.
Mr. Hegglund stated that the current taxes would continue to be paid, the only abatements
would be to taxes on improvements, and the maximum time a tax abatement can be
approved for is 10 years.
There was brief discussion regarding the tax abatement not continuing if the building is
sold, and that the terms of the agreement cannot be changed once the agreement is
signed.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8q — Resolution 30-2022
10:56 a.m.
Resolution approving the programs and expenditures of the Wichita Falls Economic
Development Corporation (WFEDC/4A) by amending the budget to include an up to
$527,500 additional expenditure to the City of Wichita Falls related to the existing MPEC
Conference Center/Hotel parking lot project.
Moved by Councilor Browning to approve Resolution 30-2022
Motion seconded by Councilor Smith.
Mr. Menzies reviewed the project, and clarified that this is not an additional expenditure.
Blake Jurecek, Assistant City Manager, stated that the previous proposed hotel was
smaller, the current project has displaced more parking, the parking project has doubled,
and costs have risen due to inflation. It was noted that several existing lots are equipped
for RV hookups and that the new Lot K will also include upgraded RV hookups.
There was brief discussion regarding concerns with businesses on 5th street losing
parking lots in the future. Mr. Jurecek stated there are no plans to use those lots and if
additional parking is needed in the future it will be built on property already owned by the
City.
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Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: Councilor Jackson
At 11:04 a.m. Marie Balthrop, City Clerk, was served with an order granting injunctive
relief and setting a hearing in regards to item number 7.
Item 8h — Resolution 31-2022
11:06 a.m.
Resolution authorizing the City Manager to award bid and contract for the Multi-Purpose
Event Center (MPEC) Parking Facility Improvements to Freeman Paving, LLC in the
amount of$2,052,576.00.
Moved by Councilor Browning to approve Resolution 31-2022
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley
Nays: Councilor Jackson
Item 9a — Staff Report— FY 2022-2023 Budget Calendar — Jessica Williams
11:07 a.m.
Jessica Williams, Director of Finance/CFO, presented the 2022-2023 proposed budget
calendar. Ms. Williams compared last year's calendar with the proposed calendar and
noted the additional time for Councilors to review the proposed budget and an additional
week to meet with the budget team prior to the Budget Workshop. Mr. Leiker discussed
the additional step taken today to receive feedback on the calendar, and emphasized the
special meetings to discuss the budget. There was brief discussion regarding the
additional time and meetings with staff, the allowable tax rate increase, and increases in
sales tax revenues. The Mayor and all Councilors spoke in favor of the proposed budget
calendar. Councilor Jackson asked for the total debt for the Type A WFEDC and the
Type B Sales Tax Corporation, and it was noted that this information is available on the
City's fiscal transparency webpage.
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Item 9b — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
11:32 a.m.
Councilor Nelson asked when the last communication was made regarding the 7th Street
tracks. Mr. Schreiber stated it was about two weeks ago and there had been a change
in staffing at BNSF. Councilor Nelson discussed his awareness program and concerns
with low voter turnout. He stated that he has spoken with the Governor and documented
several issues. Councilor Nelson discussed the selective service board he is serving on,
and thanked Carol Murray for attending.
Councilor Whiteley thanked the employee of the month and congratulated him. He
praised the Fire Chief and Police Chief for the honor guards at two funerals he attended
last week, and stated they did a great job at those services.
Councilor Browning encouraged everyone to go vote. He thanked Russell and his team
for the work on the roll-off issue and thanked the contractors for their involvement. He
encouraged everyone to educate themselves on both sides of the issue, and that he
appreciates everyone that attended today.
Councilor Smith thanked everyone for attending and he appreciates the ongoing positive
news they receive about Wichita Falls.
Councilor Brewer thanked the Police Department for inviting him to the awards banquet
and congratulated the department for apprehending the person that committed the
murder on Taft. He stated we have great Police and Fire Departments, and he
appreciates all they do.
Councilor Jackson thanked everyone for attending today to discuss this topic. He thinks
we need to put the citizens first as the Council works for them. He encouraged everyone
to get out and vote. He thanked the MLK Center for having the Charlye O. Farris
proclamation day, and asked that everyone keep her son and family in their prayers as
they carry on her legacy.
Mayor Santellana said it was good to see Leadership Wichita Falls and everyone that
attended today, and he encouraged everyone to go vote. He enjoyed the Police Officer's
awards banquet and appreciated the great attendance. Mayor Santellana discussed the
recent apartment fire and stated it was very honoring to see the headlines talking about
our firefighters rescuing citizens from the fire. He encouraged everyone to pray for public
safety employees and thank them for their service.
Item 10 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
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March 1, 2022
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11:40 a.m.
Debra Loberger, 5144 Royalwood Drive, addressed the Council regarding issues she has
experienced with her neighbor's dog, Animal Control, and her neighbor fencing in the
right-of-way. Mr. Leiker asked that Lou Kreidler get with Ms. Loberger to assist with the
situation.
Billy Elmore, 5530 Rhone Drive, addressed the Council regarding roll-offs and expressed
concerns with maintenance issues, having only two trucks, and the need to factor in long
term costs.
Hayden Hansen, 6907 Seymour Highway, discussed the injunction that was presented to
the City Clerk to stop voting on the roll-off issue due to the District Court determining that
the item was not an emergency.
Kerry Wylie, 6907 Seymour Highway, spoke against the City establishing roll-off services
and encouraged the Council and City staff to work with the independent contractors since
the City has not provided this service for decades and has allowed these businesses to
be established. Mr. Wylie expressed concerns with lost revenues and asked that the City
and contractors have a meeting to resolve this issue.
Dylan Supernaw, 9291 FM 2106, addressed the Council and spoke against the City
establishing roll-off services. He expressed concerns with difficulties starting a business
in Wichita Falls, the City not being able to provide services on weekends, holidays, and
bad weather days, and contractors being able to provide services on those days. Mr.
Supernaw discussed concerns with the City's customer service and stated that he feels
that this is the first step to the City contracting for all roll-off services.
Mickey Fincannon, 408 4th Street, discussed concerns with business regulations, stated
that the City has reduced the value of these businesses by taking these steps, and asked
Council to keep the bigger picture in mind as it is not always best to have city involvement.
Mary Lynne Boyd, 3311 Miami, commented on the budget calendar and the comment
made regarding citizens coming at the last minute to ask questions. She encouraged the
Council to publicize these dates for citizens.
Item 11 — Executive Sessions
12:02 p.m.
No executive session was held.
Item 12 —Adjourn
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Mayor Santellana adjourned the meeting at 12:02 p.m.
PASSED AND APPROVED this 15th day of March 2022.
Y-471—
to hen Santellana, Mayor
ATTEST:
Marie Balthrop, T1MC, MMC
City Clerk
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