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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in a regular session at 8:30 a.m.
on the above date in the Seminar Room at the MPEC with the following members present.
Tim Short - Mayor
Bobby Whiteley - Mayor Pro Tem/At-Large
Mike Battaglino - Councilors
Jeff Browning -
Larry Nelson -
Michael Smith -
Tom Taylor -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Mayor Short called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Pastor Rod Redding gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Short led the Pledge of Allegiance.
Item 3a— Presentation — Municipal Clerk's Office Achievement of Excellence Award
8:31 a.m.
Mayor Short recognized the City Clerk's office for receiving the Texas Municipal Clerks
Association Municipal Clerk's Office Achievement of Excellence Award for the third time.
Item 4 — Comments from Citizens
8:33 a.m.
There were no comments from citizens.
Item 5-6 — 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.
The motion was seconded by Councilor Taylor and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 5 — Approval of Minutes of the July 2, 2024, Regular Meeting of the Mayor and
City Council
Item 6 — Receive Minutes
(a) Planning & Zoning Commission, May 8, 2024
(b) Lake Wichita Revitalization Committee, May 14, 2024
Item 7a — Ordinance 28-2024
8:34 a.m.
Ordinance authorizing the City Manager to execute all documents necessary to apply for
and accept up to $200,000 in Texas Department of Transportation Aviation Division
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July 16, 2024
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Routine Airport Maintenance Program (RAMP) Funds for FY 2025 Projects at Kickapoo
Downtown and Wichita Falls Regional Airports.
Moved by Councilor Browning to approve Ordinance 28-2024.
The motion was seconded by Councilor Battaglino and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 8a — Resolution 77-2024
8:36 a.m.
Resolution authorizing the City of Wichita Falls to adopt the Wichita County Hazard
Mitigation Action Plan to ensure the City continues to mitigate and reduce the overall
damage caused by disasters that will impact the City of Wichita Falls.
Moved by Councilor Nelson to approve Resolution 77-2024.
The motion was seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 8b— Resolution 78-2024
8:38 a.m.
Resolution authorizing the expenditure for an emergency repair at Lift Station Number 5
to Bowles Construction Company, in the amount of $62,583.82.
Moved by Councilor Browning to approve Resolution 78-2024.
The motion was seconded by Councilor Battaglino and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
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Item 8c — Resolution 79-2024
8:41 a.m.
Resolution authorizing the City Manager to formally reject the bid and contract for the
Cypress Plant 61 Improvements — Pipe Gallery, Surface Wash and Trough Replacement
Project from MH Civil Constructors, Inc. in the amount of $5,120,000.00.
Moved by Councilor Nelson to approve Resolution 79-2024.
The motion was seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 8d — Resolution 80-2024
8:50 a.m.
Resolution authorizing the purchase of five 1/2-ton pickups and two 3/4-ton pickups for
various City Divisions through the BuyBoard Purchasing Cooperative from Caldwell
Country Chevrolet II LLC in the amount of $300,189.00.
Moved by Councilor Browning to approve Resolution 80-2024.
The motion was seconded by Councilor Smith and carried by the following vote:
Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley.
Nays: None
Item 9a - Mayor - Initiated Discussion Regarding Amending City Code of Ordinance
Chapter 90- Solid Waste (Roll-Offs)
8:57 a.m.
Russell Schreiber, Director of Public Works, gave a presentation regarding the proposed
changes to the Solid Waste Ordinance. He stated that per the Texas Administrative Code
and the City Charter, the City is required to provide all solid waste collection services and
that services are provided at cost. In October of 2021, the City discovered third-party
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providers had infringed upon the city's solid waste service, resulting in several violations
of Texas Commission on Environmental Quality (TCEQ) regulations. Mr. Schreiber
discussed the provisions of the current Ordinance and services historically provided by
the City and by third-party providers. He discussed the Mayor's recommendations to
eliminate site permits, allow third-party providers to provide residential clean-out services,
eliminate the reporting requirements, and allow third-party providers to use other landfills
when the city landfill is closed for holidays. Mr. Schreiber discussed the consequences to
the City if these changes are made, which include the loss of flow control, loss of revenue,
and possible violations of TCEQ rules. He stated that staff supports the current
Ordinance.
The Council had a lengthy discussion regarding the proposed changes. They discussed
that most complaints over the past two years had been related to residential clean-ups,
services provided by the City, the desire to be small-business friendly, the minimal fees,
the 10-day requirement for residential clean-outs, how residential site permits could assist
with flow control, the City's responsibility to enforce all waste disposal laws, possible loss
of revenue, safety concerns regarding where dumpsters can be placed, and the desire to
find a middle ground. It was noted that the current Ordinance does allow the Public Works
Director discretion on dumpster placement.
Mayor Short stated he has been discussing this since he started his campaign and wants
to find a middle ground to make the Ordinance better. His goal is to eliminate the reporting
requirements, eliminate site permits and franchise fees, allow third parties to provide
residential clean-ups with dumpsters larger than 10 yards, for all trash picked up in
Wichita Falls to go to the City landfill, and for everyone that uses the landfill to pay for the
service. He recommended changes to various pages of the draft Ordinance that was
presented and that lost revenue could be recouped by having everyone pay at the landfill.
Mayor Short stated he is on the side of small business.
There was a brief discussion regarding concerns about having everyone pay at the
landfill, how fees are based on tonnage, and concerns about eliminating site permits, and
how site permits are not required for residential clean-outs since they are currently
provided by the City.
Mickey Fincannon, M&R Services, said that he feels the Council is being misled by staff
and that the third-party providers' only concern is roll-off dumpsters. He said there had
been no TCEQ violations by the third-party providers, although the City has had
violations, that the dumpsters set by third-party providers were not illegal; they were
allowed to be there, and if there was an ordinance, it was not enforced by the City for
years. He feels that the lost revenue is from allowing contractors who have purchased
dump trailers to dump for free, and he did not agree with the economic impact numbers
provided by Mr. Schreiber. He feels that private haulers can provide this service the best,
as he takes 5-10 calls a week for a residential dumpster, which he cannot provide under
the current Ordinance. He hates the fact that City staff has spent hundreds of thousands
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of dollars in order to control everything and feels we should be working as a team for the
citizens. Mr. Fincannon said the City never provided roll-off dumpsters until they
purchased the 10-yard dumpsters and that he agrees with the need for flow control as the
City makes money from the landfill. He discussed the landfill in Iowa Park and stated the
cost to run it is around $9-$10 per ton, and he feels that either the City is not good at
controlling expenses or is being provided inaccurate information because the City is
making money on the landfill. He discussed flow control and how the permits do not show
how many dumpsters are hauled from every location. He knows there are businesses
taking trash to other landfills even with a site permit, feels the Council knows the best
thing is to revise the Ordinance, and the staff wants control and is misleading the Council.
Wayne Pharries, 7 Mayfair Terrace, stated he is not in the roll-off or construction business
but is here to advocate for all small businesses. He discussed putrescible waste,
suggested fines for those who violate the rules, and asked why revenue is an issue if the
City is revenue neutral. Mr. Pharries said these services were provided two years ago
because the city was not providing the service, and private businesses filled the gap with
competitive services. What got the public's attention was when citizens lost these services
and the dirty tricks the City used, such as declaring an emergency and accusing third-
party businesses of breaking laws. He said the Council runs to help the City and is elected
by the people, and they are here to represent the people to the City Government and not
the City Government to the people.
Hayden Hansen, 6907 Seymour Highway, stated he did not care for being called a
criminal, that his business follows TCEQ laws, and that he has not been fined or had any
violations. They are not trying to haul putrescible waste, as that is the City's business.
They would like to be able to provide clean-outs of bulky items due to evictions or when
realtors sell a home that has items that need to be removed. He discussed how third-
party providers work on holidays, and if the hospital needs trash hauled on a holiday, it
must be hauled, and the City is not open on holidays. He discussed issues with the
transfer station, and issues due to how much trucks weigh, which keep them from using
the transfer station. He discussed how businesses already pay taxes that cover road
expenses and that other industries that drive trucks and tear up streets are not charged
a fee. Mr. Hansen said he feels the Mayor has done a great job on this, but the draft
Ordinance presented needs to allow more than 10 days for clean-outs. He feels changes
can be made to work with both sides and make everyone happy and do what is best for
our citizens.
Kerry Wylie, 6907 Seymour Highway, discussed the current Ordinance and various
portions of the Texas Health and Safety Code Chapter 363, which allow private
businesses to provide services and encourages local governments to contract with local
businesses to meet the requirements of that chapter. He said he is for flow control but
said that there are more dump trailers in the city now than there were two years ago when
changes to the Ordinance were made. Mr. Wylie discussed the changes in the total fees
paid to the City since the changes two years ago, how the current Ordinance targets roll-
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off companies and asked why landscaping businesses are exempt. He discussed the
current franchise requirements that target waste haulers and asked that they be removed.
He suggested implementing a waste hauler permit of $250 per truck per year, requiring
everyone to pay at the landfill, and for those who do not want to purchase the annual
permit, implement a fee per trip plus tonnage, as these changes would provide options
for the citizens. The proposed changes would charge all waste haulers, regardless of the
type of vehicle, and would still allow residents to use the transfer station for free. Mr. Wylie
discussed various suggestions for charges and possible rebates depending on the
tonnage hauled per year and suggested a number be assigned to each permitted truck,
and the truck number be noted on landfill tickets to assist with tracking. He requested that
all reporting requirements be removed, that site permits be removed, that third-party
haulers be allowed to work in the residential market for non-putrescible waste removal,
and discussed the possible revenue increase for the City. He feels these changes provide
options to citizens when they need a roll-off larger than 10 cubic yards.
Carol Murray, 3202 Beech, said she attended the meeting to support small business and
she appreciates this item being placed on the agenda. She asked that the Council
eliminate the government oversight as much as possible and discussed issues with
individuals with rental properties having to open a water account to get a City dumpster
set, and asked for that requirement to be removed. Ms. Murray discussed how third-party
haulers are already required to meet TCEQ requirements. She mentioned the recently
approved Health Department Ordinance and how the State of Texas does not require a
food manager certification, but the City has required that and has made it difficult for her
business to operate. She encouraged the Council to think like a business and thanked
the Council for their consideration.
Michael Albert, owner of Service Master, 7940 Seymour Highway, expressed concerns
about the statements regarding lost revenue if services are provided at cost. He said his
main concern is when Service Master has to remove items damaged by flood or fire, they
have to work quickly due to mold issues. He has had issues with the permitting process,
such as needing a water bill to get a City dumpster set, having to leave a message with
a possible 24-hour response time, the need for access to larger dumpsters, and how
these things cause customer service issues that are not good for the City. He also
discussed dumpsters being donated to non-profits, which is no longer an option under the
current City Ordinance due to permitting requirements. Mr. Albert discussed the 10-day
rule and how that is not always feasible to get a house cleaned out within 10 calendar
days. He feels an unintended side effect of the changes is the number of dump trucks
and trailers purchased to get around the current restrictions. He also discussed traffic and
trash on Seymour Highway and Wylie Road that has gotten worse since the changes
were made and how contractors are circumventing the system using dump trailers since
any address can be given, and there is no way to verify it. He asked that the City not
overregulate, and look for other options like an online reporting process that allows a
dumpster to be set on a weekend and reported within 24 hours.
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Michael Grassi, 7 Amber Valley, a local developer, residential contractor, and member of
the Texas Homebuilders Association, stated he understands the need for tracking, and
his main concern is where dumpsters can be placed on a job site. He acknowledged that
the current Ordinance does allow the Director of Public Works discretion, that although
the dumpster at the County is in a parking place, it is also legal to park on a City street,
and he agreed that steps needed to be taken to ensure safety. Mr. Grassi discussed
Chapter 90, Section 3, Subsection B, regarding if a sanitation bill is charged when a
certificate of occupancy is issued before a house is occupied. Mr. Hegglund stated that
sanitation services for twice a week trash pickup would not be charged before the house
is occupied. Mr. Grassi said that the fee is being charged even when a house is not
occupied. Mr. Leiker offered to meet with Mr. Grassi to discuss this issue.
Mayor Short expressed his appreciation for the robust discussion. The issues will be
discussed in meetings, and this item will be placed on a future agenda.
Item 9b - Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
10:41 a.m.
Councilor Taylor stated he appreciates the input from everyone. He attended the District
4 Town Hall, which was well attended. He thinks Town Hall meetings are good as they
give citizens the opportunity to ask questions and resolve issues. He discussed changes
made after the District 5 Town Hall meeting due to citizen input. He complimented the
staff for their cooperation and said he appreciated it.
Councilor Whiteley congratulated the City Clerk's staff on the award and thanked John
Burrus for changing 11th Street from one-way to two-way, which is an improvement
downtown.
Councilor Taylor addressed a fire issue voiced at his Town Hall meeting. He realized the
serious fire danger associated with tall grass and homes with open lots behind them and
asked for ideas on how to handle this issue.
Councilor Browning thanked the Mayor for bringing this up and for everyone who came
and provided input. He would like to meet with staff and contractors to discuss the draft
ordinance further.
Councilor Smith thanked Councilor Browning for his comments and noted that the draft
ordinance was provided to the Council last week. He also thanked all of the City
Departments and Sheppard Air Force Base for putting on Freedom Fest, which was the
best he has ever seen.
Councilor Battaglino congratulated the City Clerk Staff on their award. He thanked
everyone for attending his Town Hall last night. They had a great dialogue covering a lot
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of topics, including Lake Ringgold, kids driving golf carts, finishing the circle trail,
motorized vehicles on the trail, what Police presence might look like on the trail, and off-
leash dog issues. Events in August include Leaderfest on August 2nd, and The Honky
Tonkin' Boot Stompin' Shelter Stampede fundraiser for the Humane Society on August
3rd. He thanked the Mayor for bringing up dumpster ordinance issues.
Councilor Nelson, thanked Paul Menzies for assisting John Burrus with finding vehicles
for the Development Services Department.
Mayor Short thanked everyone who participated today. He said Democracy is messy,
passionate, and imperfect. In the past 18 months, he has learned more about water,
hemp, and roll-offs, and he asked for everyone's patience.
Item 10 — Adjourn
Mayor Short adjourned the meeting at 10:53 a.m.
PASSED AND APPROVED this 6th day of August 2024.
Tim Short, Mayor
ATTEST:
Marie Balthrop, TRM MMC
City Clerk
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