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Min 05/03/2022 City of Wichita Falls . City Council Meeting .�- Minutes • May 3, 2022 �+ ���� 4 w TEXAS\ he' 4 -I - <- Ncee5AieS:4e/deev Op1oifiuru7ie5. = 4L . 11 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 Steve Jackson - Councilors Larry Nelson - Michael Smith - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Councilor Tim Brewer, District 4 Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Pastor Ben Murray, City Hope Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Employee of the Month — Britney Wise, Health Department 8:35 a.m. Amy Fagan, Assistant Director of Health, recognized Britney Wise as the Employee of the Month for May 2022. Mayor Santellana congratulated Ms. Wise and presented her with a plaque, letter of appreciation, dinner for two, and a check, and thanked her for her service. Item 3b— Proclamation —30th Annual Letter Carrier's Stamp Out Hunger Food Drive Day, Wichita Falls Area Food Bank 8:37 a.m. Mayor Santellana read a proclamation proclaiming May 14, 2022, as 30th Annual Letter Carrier's "Stamp Out Hunger" Food Drive Day in Wichita Falls and urged all citizens to join him in this special observance and make a donation to make a difference in our City. Item 3c — Proclamation — National Bike Month, Bike Wichita Falls 8:40 a.m. Mayor Santellana read a proclamation proclaiming May 2022, as National Bike Month in Wichita Falls and urged all residents to join him in special observance. Item 3d — Proclamation — Historic Preservation Month, Kell House Heritage Center 8:45 a.m. Mayor Santellana read a proclamation proclaiming May 2022, as Historic Preservation Month in Wichita Falls and called upon the people of Wichita Falls to join their fellow citizens across the United States in recognizing and participating in this special observance. Item 3e — Proclamation — National Drinking Water Week, Public Works 8:48 a.m. Mayor Santellana read a proclamation proclaiming May 1-7, 2022, as Drinking Water Week in Wichita Falls and asked that we recognize the essential role that drinking water plays in our daily lives. CITY COUNCIL MINUTES May 3, 2022 Page 2 Item 4-6 — Consent Items 8:51 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 Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 4 — Approval of minutes of the April 19, 2022, Regular Meeting of the Mayor and City Council Item 5 — Resolution 56-2022 Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair on September 13-17, 2022. Item 6 — Receive Minutes (a) Downtown Development Steering Committee, July 15, 2019 (b) Park Board, January 27, 2022 (c) Planning & Zoning, March 9, 2022 (d) Landmark Commission, March 22, 2022 Item 7 — Ordinance 13-2022 8:52 a.m. Ordinance deleting Chapter 26 Article VII, amending Chapter 90 by moving Section 90- 34 to Chapter 50-110 and deleting and replacing the remaining sections of Chapter 90 as provided herein, setting an effective date, and providing codification. Moved by Councilor Browning to approve Ordinance 13-2022. Motion seconded by Councilor Smith. Russell Schreiber, Director of Public Works, gave a presentation and discussed how the City is required to provide all municipal solid waste collection services per Texas Administrative Code, and Section 148 of the City Charter to ensure the health, safety, CITY COUNCIL MINUTES May 3, 2022 Page 3 and welfare of the public, and these services are provided at cost. In October of 2021, staff discovered that third-party roll-off services had significantly infiltrated the city's commercial solid waste collection service. Mr. Schreiber discussed TCEQ and EPA violations, loss of revenues, and the ability of the City to meet the needs of commercial customers at a lower cost. After discussions with third-party providers and options provided to Council in December 2021, staff was directed to franchise third-party roll-off companies, allowing them to provide roll-off service to commercial customers, construction and demolition, compactors, recycling, and special waste collection. The franchise would also require that all municipal solid waste collected in the City be delivered to the City landfill, which will help offset lost revenues. The City has provided roll-off services to residential customers since 2001 and will continue to provide this service. On March 25, 2022, staff emailed the proposed Ordinance to the roll-off companies, offered to meet with them, and expressed that information gained in these meetings could affect how the Ordinance is written. One company met with staff. On March 28, 2022, a second email was sent requesting input from the roll-off companies, and three companies provided input. On April 20, 2022, staff emailed the Ordinance as presented today to the roll-off companies, and they have had ample time to discuss any concerns with staff. Mr. Schreiber discussed the new provisions which require all municipal solid waste to be delivered to the City landfill, requires all businesses engaged in the collection of municipal solid waste to have a franchise with the City, addresses volunteer clean-up events, allows customers to bale and transport cardboard, establishes reporting requirements, and other provisions, The new provisions allow staff to track solid waste delivered to the City Landfill, compare the level of services provided to commercial customers, and address any disputes that arise. Staff believes this Ordinance accomplishes the City's goals and is fair and equitable to both the private companies and the City's solid waste customers. It was noted that the current Ordinance does not allow for any third-party business to provide services inside City limits, and the proposed Ordinance will remedy this. Concerns were expressed regarding how long third-party providers have been allowed to provide service inside City limits despite it not being allowed by the Ordinance. It was noted that the City just recently became aware of the issue and are taking steps to remedy it. A lengthy discussion was held regarding franchising, concerns with the wording of the agenda item, procedures of sister cities, how rates and fees are set and approved by the Council, and the cost to citizens. Mr. Schreiber noted that the purchase of trucks and equipment previously considered is no longer being considered. Councilor Jackson expressed concern about who the City would require to franchise next and Mr. Hegglund noted that the State of Texas has given cities the exclusive right to handle solid waste within the City, but we do not have that right for other industries. The proposed Ordinance will not be effective until September 1, 2022, which will allow time to monitor the process and make any adjustments needed. A discussion was held concerning the permitting and franchising process, education of customers and third-party companies, and the online system that will be used. Teresa Rose, Assistant Director of Public Works, discussed the online MyGov program, billing, and the website that will have detailed instructions for the process. Mr. Schreiber clarified that construction and demolition waste will be covered under the building permit process and will not require a separate permit, and discussed CITY COUNCIL MINUTES May 3, 2022 PAGE 4 OF 18 residential and commercial permitting and reporting requirements. A brief discussion was held concerning the fair and equitable treatment of all citizens, and the responsibility of the Council to receive feedback over the next several months and address any issues and changes that need to be made. Katherine Smith, 4940 Seymour Highway, discussed the need to clarify agenda wording so that citizens understand what is being discussed. Mayor Santellana stated that the details of the Ordinance were provided in the agenda item commentary. She feels the Council is being short-sighted only allowing third-party businesses to haul construction and demolition, noted the need to expand the Ordinance, and discussed large items in her business that require a larger dumpster. Mr. Schreiber clarified that under the new Ordinance large third-party dumpsters are allowed for commercial customers and that only residential customers will be required to receive city services. Ms. Smith said that in general private businesses are more efficient, provide more jobs, and expressed a desire for more support for small businesses. Hayden Hansen, owner of Onsite Solutions, stated that his company did meet with Staff and some Councilors and that he does agree with many of the provisions and is willing to work with others. He discussed concerns with reporting that requires third-party businesses to provide invoices and pricing information, and questioned the purchase of ten additional roll-offs after previously being told no additional purchases would be made. Mr. Hansen discussed concerns with residential roll-offs, the level of service provided by the City versus private haulers, the difference in the sizes of roll-offs, and concerns with staff being able to revoke a franchise without Council approval. Wayne Pharries, 7 Wayfair Terrace, discussed the Charter language stating it is the responsibility of the City to provide municipal solid waste services, and he feels the City did not adequately provide that service which allowed third parties to come in and provide services. He asked if the Council understands the reporting requirements, and stated some reporting requirements are unreasonable. Mr. Schreiber clarified that this is a requirement for the provider to retain this information, and not report it to the City unless there is a dispute. TCEQ regulations already require that this information be retained by the provider. Mr. Pharries acknowledged that he misunderstood that requirement. Mr. Pharries then discussed the claim of lost revenue and stated he does not believe this Ordinance will generate enough revenue to replace what the City claims has been lost. He expressed concerns about the need to have this much control over these businesses and feels it will raise the cost to provide these services. He asked if additional staff would have to be hired to oversee this process, and expressed concerns about going to this extent to correct a system that has been working since the 60's. Mr. Leiker addressed the comment that the system has worked fine since the 60's and clarified that what they are referring to is the construction and demolition hauling that has been provided by third parties, that the commercial and residential issues were recently discovered, and that the infiltration of third-parties is the concern. CITY COUNCIL MINUTES May 3, 2022 PAGE 5 OF 18 Mickey Fincannon, owner M&R Services, alleged that they have been constantly misled, and expressed concerns with Councilor Smith stating he was ready to vote without listening to the citizens. Mr. Fincannon asked if the Council directed staff to start this process. He read a prepared statement accusing untruths, and how this Ordinance will affect the business that he started when there was a need for it in the community. He accused Council and staff of reducing the value of his business to nothing and stealing his retirement. He addressed concerns with staff accusing third-parties of illegal dumpsters and live streaming one of his dumpsters accusing him of breaking the law, yet when the dumpster was found to be legal there was no media coverage. He stated that the City has started a process to phase out all third-party haulers and that this Ordinance will affect 90% of his business as his business primarily deals with residential cleanups. Mr. Fincannon feels that if they move forward with the Ordinance they will kill several local businesses and jobs will be lost. He feels the Council has supported small business in the past until today and is asking them to stand up for the rights of the citizens and vote no on this Ordinance. Mr. Fincannon stated that he feels Council is being led by City staff instead of Council leading staff. Roby Christie, 3309 Cumberland Ave., stated that he has been a customer of both the roll-off companies and the City sanitation department, and he believes the City has a strong interest in taking control over the jobs and activities performed by these third-party companies. He stated that there seems to be a need for revenue, and discussed his concerns with roll-offs being purchased when it was stated no purchases would be made. He feels the City has tried to provide for the needs of citizens but they have fallen short in some instances, which is where private haulers came in. He discussed a demolition project where he received excellent service from a third-party provider including weekend service. Mayor Santellana stated that this will still be allowed. Mr. Christie stated that the City would not be able to provide service as quickly, he feels we are selling the services provided by these companies short, that it seems like an overreach or overregulation to take any of that business away, and expressed concerns about third-party businesses having outstanding capital investments they could lose. He feels there should be a delay in the vote and implementation as there seems to be changes that need to be made. Mr. Christie expressed concern with one person having the ability to approve or revoke a permit, concerns with moving towards the City being the only provider, and discussed his concerns with the Monday-Friday 8:00-5:00 mentality that is convenient to the City but not to the customer. Kerry Wiley, 6907 Seymour Hwy, On-Site Solutions, agreed that the companies need to be legitimized, but is concerned with the details not covered today. He expressed concerns with the City requesting their invoices and stated he would never provide his invoices to the City. He discussed how small businesses do work over the weekends and not under the 8:00-5:00 mentality, and requested that the City allow them to work in the residential sector. Mr. Wiley said he provided a list of all of the dumpsters his business has in the City to Mr. Schreiber, and stated that the proposed Ordinance is close, but not quite ready. He disagrees with one staff person having the final say on who receives a franchise and whose franchise is revoked. Mr. Wiley discussed how roll-off businesses are required to work within the State requirements, discussed insurance requirements, CITY COUNCIL MINUTES May 3, 2022 PAGE 6 OF 18 and concerns with some of the insurance being required in this Ordinance. Mr. Schreiber and Councilor Browning clarified that employee liability insurance is covered under general liability and stated that the Ordinance was changed after Mr. Wiley expressed his concerns. Mr. Wiley asked that citizens be given the choice of who to use for roll-off services. Dillon Supernaw, 1851 Peterson Road S., stated that he feels that the City is trying to be fair, but that the proposed Ordinance is not complete. He is a small business that did not receive the proposed Ordinance and was not asked for his input. He discussed the concerns with incorrect references to sections of the Ordinance, and citizens not knowing what was being discussed. Mr. Hegglund discussed how the section Mr. Supernaw referred to is being moved to another section of the Code and this Ordinance revises all of Chapter 90. It was noted that the agenda item commentary included the details. Mr. Supernaw stated that ninety percent of his business is residential cleanouts, and under the proposed ordinance he is not able to provide these services. He has invested in equipment and feels this is not fair that the City is taking away his business. He feels the City is trying to be fair, but residential cleanouts are a huge market where residents need assistance, larger dumpsters, and weekend service. He also expressed concerns with the reporting requirements and the requirement to provide landfill invoices. Kerry Wiley, On-Site Solutions, stated that he provided a list of over eighty dumpsters his business has in the City. He discussed the City's revenue concerns and stated that his bill from the City landfill last month was $54,000 and that his company brings ninety percent of their solid waste to the City landfill although they are not required to. He stated that it is not a threat, but if it becomes more convenient for his business to take their solid waste to Iowa Park, they will take it there since they have a lower rate. He stated that his company owns two hundred and ten open top dumpsters, discussed how compactors were not an issue previously, and stated that the proposed Ordinance is close and asked that they work together and pass the Ordinance next month. Mayor Santellana expressed concern with Mr. Wiley's comment that it is not a threat, but stated it is clearly a threat, and asked Mr. Wiley if he is publicly stating he is not going to comply with the reporting requirements. Mr. Wiley stated that the City would not get his customers invoices and that the invoices would not leave his office. Mr. Schreiber read Texas Administrative Code section 330.103(c) which states "All transporters of solid waste shall maintain records for at least three years to document that waste was taken to an authorized MSW facility. Upon request of the executive director or of a local government with jurisdiction, a transporter is responsible for providing adequate documentation regarding the destination of all collected waste including billing documents to prove that the proper disposal procedure is being followed." Mr. Hegglund clarified that this is a records retention requirement to keep records in their offices and only viewed by the State or City if needed and the City is not asking for copies of any invoices. Mr. Wiley agreed with the records being retained in his office and the City viewing invoices, but not taking copies. CITY COUNCIL MINUTES May 3, 2022 PAGE 7 OF 18 Mr. Hansen asked if these are trip tickets or customer invoices. Mr. Schreiber stated the records retention portion is customer invoices, and monthly reports are for trip tickets. Mr. Schreiber discussed issues with the software used at the landfill not being able to sort inside versus outside city limits solid waste, and monthly reporting would allow them to track what solid waste is from inside City limits. Mr. Schreiber discussed staffs willingness to work through this issue. Mr. Hansen discussed concerns with their invoices becoming public record if they are in the City's possession, and the workload on his staff to meet these reporting requirements. Mr. Hegglund stated again that invoices are required to be kept at the business, not supplied to the City, and it would be a rare occasion when the City would need to view this paperwork. Bob Belcher, 328 Itasca Trail, owner of Dove Creek Disposal, stated he has been in business for two years and feels we are headed in the right direction. He does not have a problem paying a franchise fee, but he does have an issue with the City telling him where he can and cannot do business, specifically as it relates to residential cleanouts. This Ordinance would take that business away from him and the City cannot provide the same level of customer service that he provides. He feels it should be left up to the citizens to choose who they want to use for a residential cleanout. Michael Grassi, #7 Amber Valley, a local home builder, and roll-off customer. He stated that one of the greatest concerns is the costs that would increase due to the franchise fees and paperwork requirements that will be passed onto him which will then be passed on to the homeowner. He noted that Section 90.67 states that a monthly report will be provided to the City requiring the gross amount charged to customers, and expressed concerns with possible additional staffing for both the third-party businesses and the City to process and track the record keeping requirements. Mr. Grassi discussed Article 5, Section 90.61 (e) (2), and stated he understands that he is not required to pull a permit, but it does say that he would have to provide documentation to the City if requested and asked how the City has the authority to ask for this. Mr. Hegglund discussed how the City as a home rule municipality can regulate health and safety concerns, and in this instance Health and Safety Code sections 363.003 and 363.111 give the City the authority to adopt rules and regulations regarding solid waste collection, which allows the city to request documentation. Mr. Grassi stated that he feels invoices are proprietary information that the City does not need to know, and the reporting requirements are very burdensome. Mr. Hegglund addressed Section 90.67 (a) (6), of the proposed Ordinance and stated this section is not a requirement to turn over invoices, and only requires the gross amount charged. Mr. Christie suggested the establishment of a Solid Waste Board rather than having one individual make decisions. Mr. Leiker discussed concerns that have been brought up regarding franchise issues, being handled by the Director of Public Works and appealed to the City Manager. There would have to be a track record of issues before a franchise was revoked, and it is an CITY COUNCIL MINUTES May 3, 2022 PAGE 8 OF 18 administrative decision. He stated that hearings could come before the Council if the Council chooses, and discussed the Council-Manager form of government. Mayor Santellana discussed that a revocation would only be done when there is an egregious action taken by the franchisee. The franchise requirement protects both the citizens and the business, and there is an appeal process should a franchise be revoked. Mr. Hansen asked how the appeal process works. Mr. Leiker stated that if we get to a situation where a franchise is revoked there will be a paper trail, and the Legal Department will provide input. Mr. Hansen asked how an item can be placed on the agenda, and Mr. Leiker discussed the process for citizens to speak at council meetings and the Councils ability to place items on the agenda. Mayor Santellana discussed checks and balances, the ability to amend the Ordinance if necessary, and the length of time spent on this Ordinance. Chad Hughes, 4509 Westridge, Hughes and Son Homes, asked for clarification on who is required to get a permit. Mr. Schreiber stated that a commercial business site and compacter site would be required to get a permit, but home builders are not required to get a permit for construction or demolition, as that is covered under the building permit. Wayne Hansen, 3501 Seymour Road, in the property management and maintenance business representing over three hundred and fifty properties, expressed his concerns with residential cleanouts. He discussed how he looks for the cheapest option, issues he has experienced with the timeliness of City services, and asked about permitting requirements. Mr. Schreiber clarified that apartments are considered commercial property, discussed permit requirements for commercial property, stated residential cleanups do not require a permit but the roll-off must be provided by the City, and remodels require a building permit only. Mr. Hansen discussed concerns with the City having the ability to service the number of roll-offs he will require. Mr. Schreiber discussed confusion with the definitions of residential and commercial and that there are only around twenty residential dumpsters. He feels the City can service these, and that the purchase of ten additional dumpsters are being purchased out of the budget line item which has already been approved by Council. Mr. Hansen expressed concerns with voting on this today and suggested that they review, make adjustments, and then approve. He discussed issues with other citizens dumping items beside his dumpsters, the City not picking those items up, and discussed the multiple businesses competing to provide a service not adequately provided by the City. He asked the Council to not penalize small business, and expressed that the Council has opened the door to take over additional business in the future. Councilor Browning stated that he appreciates Mr. Fincannon's passion, as he is passionate about serving on the City Council. Councilor Browning discussed the comments made towards Councilor Smith, and stated that the Council has been reviewing this for over six months, all Councilors contact information is on the website, and he along with other Councilors have had lengthy conversations with various business CITY COUNCIL MINUTES May 3, 2022 PAGE 9 OF 18 owners and citizens regarding this Ordinance. Councilor Browning stated that he is proud of how the Council listened to citizens and made changes to the process since this topic was first discussed, and he feels there should be more appreciation for the amount of time the Council spends discussing issues. Mayor Santellana also discussed the amount of time everyone, Council included, has had to review the proposed Ordinance and express their concerns. He noted that this is a volatile business that every future Council can change, he thanked everyone for their input, and stated that Councilor Smith made a fantastic point that the Council is there to serve all citizens and protect their health, safety, and welfare. He discussed concerns with revenues being eroded and how that is passed on to all citizens, and stated that he understands Mr. Grassi's concerns of added expenses. He stated that he has never called anyone a criminal, and that he has stated from day one that he wants to hear from as many citizens as possible regarding this subject. He disagrees with Councilor Jackson's comment that the Council is doing something illegal, but stated that it is Council's responsibility to address the issue now that it has been brought to the City's attention. He stated that he takes a hard look at all businesses affected, how the citizens will be affected, that the Council and Staff have all agreed to reevaluate the process if needed, but he wants to legitimize their business today and go from there. Councilor Jackson asked if Rev. Angus Thompson reached out regarding dumpsters, and Mr. Schreiber stated that he did, Rev. Thompson needs eight and only four are available on that day due to other events. Rev. Thompson did not coordinate with staff before setting the date for the free neighborhood cleanup, and since they have only used four dumpsters in the past, staff held back four for this event. Councilor Jackson discussed where dumpsters are needed and asked if some of the third-party providers would consider donating a dumpster to make up for the shortage. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Smith, and Whiteley Nays: Councilor Jackson, Councilor Nelson Item 7 — Ordinance 14-2022 10:55 a.m. Ordinance amending Ordinance No. 05-2022, the fee schedule to City operations; providing for severability; providing that such ordinance shall not be codified; and providing an effective date. Moved by Councilor Browning to approve Ordinance 14-2022. Motion seconded by Councilor Smith. CITY COUNCIL MINUTES May 3, 2022 PAGE 10 OF 18 Mr. Hegglund discussed the fees that go with the Ordinance just approved. The fees would be effective July 1, 2022, and whatever is collected between July-Sept would not be required to be paid again after September 1, 2022. All future fees would be due in August each year. Hayden Hansen, asked if there is a fee for a roll-off donated to a nonprofit, as they donate dumpsters on a regular basis. Mr. Schreiber stated that yes, a non-profit would be charged the $10.00 fee even if the roll-offs are donated. Mr. Hansen expressed concerns that there is not a permit fee to use City roll-offs, but there is a charge to the non-profit for a free dumpster from a third-party. Mr. Schreiber stated that the intent is that the City will provide those dumpsters, and discussed issues with tracking at the landfill for donated boxes. Wayne Hansen stated he has a lot of respect for the Council, and discussed costs to citizens due to capital expenditures. Mayor Santellana asked Mr. Hansen to keep his comments on topic. Mickey Fincannon, asked how long the fee schedule has been being discussed and Mr. Schreiber and Mr. Hegglund stated this has been discussed in various forms since the topic came up last year. Mr. Fincannon discussed flow control concerns previously expressed, the concern of trash going to outside city landfills, and that an Ordinance requiring all trash collected the City be taken to the City landfill would have taken care of the revenue concerns, and not imposed added fees and reporting. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Smith, and Whiteley Nays: Councilor Jackson, Councilor Nelson Item 8a — Resolution 57-2022 11:06 a.m. Resolution authorizing the City Manager to apply for and accept funding in an amount of $9,240,000 for the Old Windthorst Rd and E Hatton Rd Street Improvement Project under the RAISE Discretionary Grant Program provided by the U.S. Department of Transportation. Moved by Councilor Browning to approve Resolution 57-2022. Motion seconded by Councilor Whiteley. CITY COUNCIL MINUTES May 3, 2022 PAGE 11OF18 Mr. Schreiber discussed the competitive grant process, and proposed project to fund street improvements to Old Windthorst Road and Hatton Road for the new high school being built. Remaining 2018 bond funds could be put towards the matching portion of the grant if desired. Councilor Jackson asked if this project would include water mains, and asked if the grant could be used for that purpose. Mr. Schreiber stated that water mains are not included and he does not believe these funds can be used for that since it is a Department of Transportation grant. Councilor Jackson began discussing issues with properties annexed that have not been provided water service, and brief discussion was held regarding this issue. Mayor Santellana asked Councilor Jackson to hold his comments since they did not pertain to this item. Alma Taylor, 5209 Air Force Drive, discussed street issues on Reilly Road, the number of residents in this area, the school in the area, safety concerns, and asked the Council to consider repairing and widening the road. She stated that it has been twenty-two years since the road was improved and she feels the taxes they pay should cover this. Tom Taylor, 2318 Rockhill Road, agreed with Alma Taylor, and stated this road is a shame and needs to be corrected. He asked if this grant or a block grant could be used to improve Reilly Road as it is dangerous to walk on, is not well maintained on the sides, sidewalks are needed, and he discussed the growth in this area. Councilor Jackson stated that he has taken pictures of this area before and sent them to Public Works, and discussed the dangerous conditions during school drop-off and pick- up times. Mr. Taylor addressed the council again and agreed with Councilor Jackson regarding the dangers on Reilly Road, especially for children. Ms. Taylor addressed the council again and stated that she spoke to the Street Department in the past and was told that they have the material but not the manpower, and they asked her to assist with the manpower. Council and staff asked who provided that information as it is incorrect, but Ms. Taylor did not recall. Mr. Leiker agreed that Reilly Road is narrow, but that it should have been improved by the developer when more homes were built, and it will most likely take a bond issue to complete this project. Councilor Jackson asked how much was left from the 2018 bond. Mr. Schreiber stated $1.6 million. Councilor Jackson asked how much it would take to fix Reilly Road and Mr. Schreiber was unsure due to drainage, elevation, and curb and gutter issues that would increase the cost of the project. Mr. Leiker stated that an estimate can be obtained and sent to Council. Mayor Santellana discussed issues that can drive the cost up, the priority list for street repairs prepared by Public Works, and how road requirements today are more complex than they were in the past. Mr. Leiker discussed a proposal to a previous CITY COUNCIL MINUTES May 3, 2022 PAGE 12 OF 18 Council to require sidewalks and curbs and gutters, and it was heavily opposed but this is an example where that would have been beneficial. Motion carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8b — Resolution 58-2022 11 :23 a.m. Resolution authorizing the City Manager to award bid and contract for the 2022 Sewer Budget Utility Improvement Project Phase 1 to Insituform Technologies, LLC. in the amount of$485,490.25. Moved by Councilor Browning to approve Resolution 57-2022. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8c — Resolution 59-2022 11 :25 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase Eventide Voice Recorder Upgrade to replace the existing dispatch voice recorder from Vistacom in the amount of$133,429. Moved by Councilor Browning to approve Resolution 59-2022 Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8d — Resolution 60-2022 CITY COUNCIL MINUTES May 3, 2022 PAGE 13 OF 18 11:28 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase additional storage capacity for our existing data backup system from Netsync Network Solutions in the amount of$55,452.80. Moved by Councilor Browning to approve Resolution 60-2022 Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8e — Resolution 61-2022 11:30 a.m. Resolution for appointment to the Wichita-Wilbarger 9-1-1 District Board. Moved by Councilor Browning to approve Resolution 61-2022 appointing Dana Ross with a term to expire May 15, 2024. 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 9—Discussion and public input regarding the future appropriation of the City's approximately $29.1M in allocated federal funds via the American Rescue Plan Act (ARPA) 11:33 a.m. Jessica Williams, Director of Finance CFO, gave a presentation to review the ARPA fund sources, and requirements. She presented a list of fourteen items that meet the ARPA funding requirements, seven items that meet the lost revenue requirements, and a list of fifteen items that are other identified needs. She discussed the anticipated general fund equity that could be used for projects that exceed the ARPA funding. She discussed how funds would be allocated through the City Council, and that lost revenue funds will be allocated through the budget process. There is an ongoing online survey for citizens to CITY COUNCIL MINUTES May 3, 2022 PAGE 14 OF 18 provide input and they have received six hundred responses so far. The hearing was opened for public comment. Councilor Browning asked if we can rename item #9 to City Hall Renovation instead of Memorial Auditorium to be clear that this is the renovation of City offices and not the auditorium itself. Councilor Jackson asked about item #14 and what it would include. Mr. Schreiber discussed the SCADA system which has already been awarded. Councilor Smith asked about the Art's Community recommendation and non-profit (Items 3 and 4) and asked if they would be allocated through a committee and Ms. Williams said they would. Councilor Smith expressed his desire to look at these two projects since non- profits provide services that are not provided anywhere else, and they operated through COVID and were not able to fundraise during that time. He also expressed his approval of all projects that meet the ARPA requirements. Councilor Browning asked about items 3, 4, and 5, and the priority of those items. Mr. Jurecek stated they all have their own unique needs making it hard to prioritize these items, and discussed Fire and Police facility items listed as remodel that could be a rebuild. Councilor Whiteley was glad to hear that there have been six hundred survey responses and encouraged more citizens to respond. He agrees with projects that have a return on investment and have had several conversations with citizens regarding some of the projects. He is highly in favor of the new parking lot at the veteran's memorial as he has been out there several times and there are always visitors with mobility challenges that would benefit from this project. Councilor Smith asked about lost revenue items #2 and #3 and what items would be looked at for those two projects. It was noted that John Burrus has a list and is in the process of evaluating those needs. Mr. Burrus discussed specific equipment they are looking at right now, and some of the items needed. Mr. Jurecek discussed capital infrastructure projects, the new process during the budget process to set aside funds to help fund these projects, and discussed other possible infrastructure projects. Councilor Smith discussed the other needs and some of these being on the Capital Improvement Plan. Staff acknowledged that some of these projects are on that list and do not have funding. His priority in the other identified needs is the Police Department remodel and possibly in phases like City Hall. He also supports the rebuild of the Central Fire Station but needs more detail on rebuild vs. remodel of Station 6. CITY COUNCIL MINUTES May 3, 2022 PAGE 15 OF 18 Councilor Jackson asked about item #12 and asked if that is enough for all police officers to have a body cam. Chief Borrego stated that this would cover all uniformed police officers, and dashcams, but detectives do not typically wear body cams. Councilor Smith asked Ms. Williams about other identified needs and employee premium pay and if this is an approved item, and she stated that yes, premium pay to employees that worked during COVID is approved. Mr. Leiker discussed that this is approved, but is not recommended over capital improvements especially since the MAG study was approved last year raising pay for many city employees. Councilor Nelson asked if we were going to prioritize these items and Ms. Williams stated that is why we are taking citizen input and having this hearing. Councilor Whiteley briefly discussed the Police and Fire facilities, their importance to our citizens, and stated that the rebuild of Station 6 does not mean that it has to be rebuilt in the same place but can be moved if needed. He understands that we are under time constraints which causes some issues, discussed concerns with central stations for the Police and Fire Departments, and discussed a need to make a plan for public safety facilities. Councilor Smith discussed many of the needs being public safety issues, and the possibility of funding some of the projects with a bond issue in the future. He suggested the voting technique used during strategic planning meetings to help prioritize these items. Mayor Santellana stated that they will evaluate the public input and Mr. Leiker stated that this would lead up to our June special council meeting and pre-budget workshop. Ann Arnold-Ogden addressed the Council regarding an investment in Arts and Culture, provided information for the Council to review, and thanked the Council for making them a priority as donations and grants were down. Tom Taylor, 2318 Rockhill Road, read a prepared statement regarding reasons he decided to move to Wichita Falls, and discussed the City Park program. He thanked the Council for their support of quality of life projects, and discussed quality of life items that help retain young individuals and families. Mr. Taylor discussed various projects funded through civic organizations that have assisted the park program. He discussed the $2 million in ARPA funding that can be used for Park and Recreation projects and stated that none of the funding addresses replacing or repairing equipment, or providing restrooms. He discussed the Park Board park review final report given to the Council to review. He stated most parks have fifty year old equipment, and his intent is to discuss the need to revitalize City parks. He urged the Council to seize the opportunity and allocate $500,000 to be shared among four City parks with immediate needs. Steve Garner, 2806 South Shepherds Glen, member of the Lake Wichita Revitalization Committee, discussed the lost revenue item for Lake Wichita Park. He pleaded to the CITY COUNCIL MINUTES May 3, 2022 PAGE 16 OF 18 Council and the community at large to get in touch with people that use the park and trail system daily. He thanked Jack Murphy for his incredible vision for the trail, and discussed the importance for safe, usable, and accessible facilities. This is an opportunity to use funds that can take care of a project that has needed to be addressed for many years. He asked the Council to look carefully at the lost revenue designation, urged continued citizen input, and thanked Council for the job they do. Jean Hall, 4110 Kingsbury Drive, stated that whatever we invest in is what grows, and stated that the decisions Council makes decides the direction the City will go. She discussed Arts and Non-profits that provide services no one else does. She represents the Wichita Falls Youth Symphony Orchestra and discussed the hit the kids have taken trying to participate during the pandemic. She stated that an investment in the Arts is an economic investment because of the jobs that are created, those attending events spend money in our community, and some of the money is reinvested directly into our community. She read three statements from parents about how participation in the Youth Symphony Orchestra served their children, provided life lessons, and leadership opportunities. Item 10 — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 12:18 p.m. Councilor Whiteley thanked everyone that attended and stayed through the whole meeting. He reiterated what Councilor Browning said earlier that Councilors sincerely put their hearts into every decision made to help all citizens, and it is tough when people insult your honesty and integrity. He thanked Council and staff for their time and efforts. Mayor Santellana discussed Councilor Brewer's absence due to a death in the family. He encouraged everyone to review the documents Mr. Taylor provided regarding the Parks and encouraged everyone to continue to review proposed ARPA funding projects. Councilor Jackson stated that you still have until May 15th at midnight to submit tax appraisal protests. Item 11 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 12:21 p.m. There were no comments from citizens. CITY COUNCIL MINUTES May 3, 2022 PAGE 17 OF 18 Item 12 —Adjourn Mayor Santellana adjourned the meeting at 12:21 p.m. PASSED AND APPROVED this 17th day of May 2022. ,Wvi4e(4,-- 'Merhen Santeliana, Mayor ATTEST: `-M�, Marie Balthrop, TR , MMC City Clerk CITY COUNCIL MINUTES May 3, 2022 PAGE 18 OF 18