Min 08/03/2021 City of Wichita Falls
City Council Meeting
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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
DeAndra Chenault - Mayor Pro Tem
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Michael Smith -
Bobby Whiteley -
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
Scott Franks, Minister, Edgemere Church of Christ, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3a — Employee of the Month — Kathryn Faust, Police Department (not
present)
8:32 a.m.
Ms. Faust was not present so Mayor Santellana moved to item 3c.
Item 3c — Proclamation — National 811 Day, Atmos Energy, Pam Hughes Pak
8:32 a.m.
Mayor Santellana read a proclamation proclaiming August 11, 2021 , as National 811
Day in Wichita Falls and asked citizens to focus on the important message to call 811
before you dig.
Item 3d — Proclamation — National Health Care Center Week, Community
Healthcare Center
8:35 a.m.
Mayor Santellana read a proclamation proclaiming August 8-14, 2021, National Health
Care Center Week in Wichita Falls and encouraged everyone to take part in this week
by visiting their local Health Center and celebrating the important partnership between
America's Community Health Centers and the communities they serve.
Item 3e — Proclamation — Judge Arthur Bea Williams Month
8:41 a.m.
Mayor Santellana read a proclamation proclaiming August 2021 as Judge Arthur Bea
Williams Month in Wichita Falls to celebrate our own local hero, Judge Arthur Bea
Williams.
Returned to item 3b
Item 3b — Presentation — Certificate of Recognition to the Police Department from
the Texas Police Chiefs Association Foundation
8:46 a.m.
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Steve Sanford, Police Chief from Bridgeport, Texas, presented Manuel Borrego, Police
Chief, a certificate of Recognized Law Enforcement Agency from the Texas Police
Chiefs Association Law Enforcement Recognition Program. The award re-recognized
the Wichita Falls Police Department for their adherence to the Texas Law Enforcement
Best Business Practices. Of the over 2700 law enforcement agencies in Texas, Wichita
Falls is one of the 177 that have achieved this recognition.
Item 4-5 — Consent Items
8:51 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda with the exception of the minutes from the May 20, 2021 Wichita Falls
Economic Development Corporation meeting due to an error.
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, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 4 — Approval of minutes of the July 20, 2021 Regular Meeting of the Mayor
and City Council
Item 5 — Receive Minutes
(a) WFMPO Technical Advisory Committee, April 8, 2021
(b) Animal Shelter Advisory Committee, April 16, 2021
(c) Wichita Falls Economic Development Corporation, May 20, 2021
(d) Fire Fighters and Police Officers' Civil Service Commission, June 3, 2021
(e) Wichita Falls Economic Development Corporation, June 17, 2021
Item 6a — Public Hearing and Ordinance 23-2021
8:52 a.m.
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Conduct a public hearing and approve Ordinance 23-2021 continuing in effect sections
78-61 through 78-63 of the Wichita Falls Code of Ordinances, which provide a Juvenile
Curfew, and providing a penalty of up to $500 upon violation.
Mayor Santellana opened the public hearing at 8:52 a.m.
Kinley Hegglund, City Attorney, discussed the requirement to review the juvenile curfew
ordinance every three years, to hold two public hearings, and reviewed the current
ordinance. This is the second of the two required public hearings.
Chief Borrego reiterated that this ordinance pertains to individuals sixteen years old or
younger.
There were no comments from the public.
Mayor Santellana closed the public hearing at 8:54 a.m.
Moved by Councilor Browning to approve Ordinance 23-2021 .
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6b — Public Hearing concerning designation of Reinvestment Zone at 2400
Burkburnett Road in Wichita Falls, Texas
8:55 a.m.
Mayor Santellana opened the public hearing at 8:55 a.m.
Mr. Hegglund discussed the proposed Reinvestment Zone at 2400 Burkburnett Road,
Clayton Homes Reinvestment Zone. Clayton Homes proposes to invest approximately
$15 million in renovating the building and to create 180 new full time jobs in Wichita
Falls. The City has agreed to enter into a Tax Abatement Agreement with Clayton
Homes and creating the reinvestment zone is a step that needs to be taken.
Henry Florsheim provided a brief update on the project with Clayton Homes and the
timeline for the sale of the building to Clayton Homes.
There were no comments from the public.
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Mayor Santellana closed the public hearing at 8:58 a.m.
Item 6c — Ordinance 24-2021
8:58 a.m.
Ordinance designating property as a Reinvestment Zone that is located at 2400
Burkburnett Road in Wichita Falls, Texas; providing for severability; and providing an
effective date.
Moved by Councilor Browning to approve Ordinance 24-2021.
Motion seconded by Councilor Whiteley and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6d — Ordinance 25-2021
9:00 a.m.
Consider and adopt an Ordinance authorizing the issuance of City of Wichita Falls,
Texas, General Obligation Refunding Bonds, Taxable Series 2021; establishing
procedures and delegating authority for the sale and delivery of the bonds; providing an
effective date; and enacting other provisions relating to the subject.
Moved by Councilor Browning to approve Ordinance 25-2021.
Motion seconded by Councilor Chenault.
Jessica Williams, Finance Director/CFO, discussed the refunding of the 2010 and
2013A series bonds. The 2010 series was for the purchase of Castaway Cove and the
payment is made by the Wichita Falls 4B Sales Tax Corporation. The 2013A series is
part of the Potable Reuse Program and payment is made with Water/Sewer Fund
revenues. Refunding the bonds will not change the maturity date and will save the City
approximately $681,000 or 9.77%.
Motion carried by the following vote:
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Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6e — Ordinance 26-2021
9:03 a.m.
Consider and approve an Ordinance authorizing the issuance of City of Wichita Falls,
Texas, General Obligation Refunding Bonds, Series 2021 ; establishing procedures and
delegating authority for the sale and delivery of the bonds; providing an effective date;
and enacting other provisions relating to the subject.;
Moved by Councilor Browning to approve Ordinance 26-2021 .
Motion seconded by Councilor Chenault.
Ms. Williams discussed the 2011 Series Certificates of Obligation for improvements to
Rhea Road, Callfield Road, and Lawrence Road, and paid by the Wichita Falls 4B Sales
Tax Corporation with reimbursement from the Tax Increment Financing District #2. This
refunding results in a savings of approximately $202,000 or 10.77%.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6f— Ordinance 27-2021
9:05 a.m.
Ordinance calling a General Election by the qualified voters of the City of Wichita Falls
to be held on Tuesday, November 2, 2021, for the purpose of electing a Councilor At-
Large, Councilor District 1 , and Councilor District 2; and authorizing a contract with
Wichita County to furnish election services and equipment
Moved by Councilor Brewer to approve Ordinance 27-2021 .
Motion seconded by Councilor Chenault and carried by the following vote:
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Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6q — Ordinance 28-2021
9:06 a.m.
Ordinance authorizing the City Manager to execute all documents necessary to apply
for and accept $1 million in Federal Aviation Administration Entitlement grants for debt
service and other projects at Wichita Falls Regional Airport and appropriating said funds
to the FAA Airport Improvement Grant 2021 Fund.
Moved by Councilor Brewer to approve Ordinance 28-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6h — Ordinance 29-2021
9:09 a.m.
Ordinance authorizing the City Manager to execute all documents necessary to apply
for and accept up to $50,000 in Texas Department of Transportation Aviation Division
Routine Airport Maintenance Program (RAMP) Funds for FY 2022 Projects at Kickapoo
Downtown Airport and appropriating said funds and the City's match of $50,000 into the
Special Revenue Fund.
Moved by Councilor Browning to approve Ordinance 29-2021.
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
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Item 6i — Ordinance 30-2021
9:11 a.m.
Ordinance authorizing the City Manager to execute all documents necessary to apply
for and accept up to $50,000 in Texas Department of Transportation Aviation Division
Routine Airport Maintenance Program (RAMP) Funds for FY 2022 Projects at Wichita
Falls Regional Airport and appropriating said funds and the City's match of $50,000 into
the Special Revenue Fund.
Moved by Councilor Brewer to approve Ordinance 30-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6j — Public Hearing and Ordinance 31-2021
9:12 a.m.
Public hearing and consideration of Ordinance 31-2021 to rezone +/- 4.06 acres of land
located at 504 Kemp Boulevard (Lot 1-A, Block J&I, Kemp West End Addition & 0.325
acres out of Block I, Kemp's West End Addition), from Multi-Family Residential (MFR) to
General Commercial (GC) zoning district to allow for the expansion of commercial uses
and development of a mixed use site; and amend the Land Use Plan from High Density
Residential to Commercial.
Mayor Santellana opened the public hearing at 9:13 a.m.
Terry Floyd, Director of Development Services, discussed the proposed rezone,
amendment to the Land Use Plan, and how the project ties to the Strategic Plan and
Goals. The rezone will allow a grocery store to be located in a portion of an apartment
complex to serve the tenants of the apartments and surrounding neighborhood
residents. This rezone was unanimously approved by Planning and Zoning Commission
and staff recommends approval.
There were no comments from the public.
Mayor Santellana closed the public hearing at 9:16 a.m.
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Moved by Councilor Browning to approve Ordinance 31-2021.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 6k — Public Hearing and Ordinance 32-2021
9:16 a.m.
Public hearing and consideration of Ordinance 32-2021 to rezone +/- 25.91 acres of
land located at 4314 Barnett Road (+/- 25.91 AC out of Block 11 of the Kemps
Subdivision of the William Myers Survey Abstract 193 & Blocks 18 & 19, League 1, of
the Denton County School Lands, Abstract 58), from Single Family-2 Residential (SF-2)
to Light Industrial (LI) and Heavy Industrial (HI) zoning districts to provide consistent
zoning designation within a split zoned tract and align the districts with the adjacent
tracts; and amend the Land Use Plan from Parks to Industrial.
Mayor Santellana opened the public hearing at 9:17 a.m.
Mr. Floyd discussed the proposed rezone, which cleans up split zoning in the area, and
discussed the amendment to the Land Use Plan. It was unanimously approved by the
Planning and Zoning Commission and staff recommends approval.
There were no comments from the public.
Mayor Santellana closed the public hearing at 9:20 a.m.
Moved by Councilor Browning to approve Ordinance 32-2021.
Motion seconded by Councilor Chenault and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
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Item 61 — Ordinance 33-2021
9:21 a.m.
Ordinance amending Ordinance No. 50-2019 declaring certain structures as dangerous
by allowing the property owner additional time to rehabilitate 2204 Harvard
Moved by Councilor Browning to approve Ordinance 33-2021.
Motion seconded by Councilor Jackson and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 7a — Resolution 80-2021
9:25 a.m.
Consider and approve a resolution of the Wichita Falls 4B Sales Tax Corporation
authorizing the issuance of the Corporation's sales tax revenue bonds; approving a
sales tax remittance agreement; and enacting other provisions relating to the subject.
Moved by Chenault and seconded by Smith, Kinley asked for amended motion to
include required language.
Moved by Councilor Chenault to approve Resolution 80-2021 approving a Resolution of
the Wichita Falls 4B Sales Tax Corporation authorizing the issuance of the
Corporation's Sales Tax Revenue Bonds, approving a sales tax remittance agreement;
and enacting other provisions relating to the subject.
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley.
Nays: Councilor Jackson
Item 7b — Resolution 81-2021
9:32 a.m.
Resolution approving the programs and expenditures of the Wichita Falls Type B Sales
Tax Corporation (4BSTC) Board of Directors and amending the budget to provide for a
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$2 million forgivable loan and sales tax rebates in the form of a performance agreement
between the 4BSTC and OH-Wichita Falls, LLC (developer), related to the acquisition
and construction by developer of a new full-service convention center hotel facility in the
City of Wichita Falls.
Moved by Councilor Browning to approve Resolution 81-2021.
Motion seconded by Councilor Chenault and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley.
Nays: Councilor Jackson
Item 7c — Resolution 82-2021
9:39 a.m.
Resolution reviewing and approving the updated investment policy for the City of
Wichita Falls.
Moved by Councilor Brewer to approve Resolution 82-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 7d — Resolution 83-2021
9:41 a.m.
Resolution approving a substantial amendment to the PY 2019 Annual Action Plan of
the 2015-2019 Consolidated Plan of the City of Wichita Falls to receive and administer
an additional $594,749 through the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) in a special allocation from the US Department of Housing and Urban
Development (HUD).
Moved by Councilor Brewer to approve Resolution 83-2021.
Motion seconded by Councilor Browning and carried by the following vote:
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Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 7e — Resolution 84-2021
9:47 a.m.
Resolution approving the PY 2021 Action Plan of the 2020-2024 Consolidated Plan of
the City of Wichita Falls to include any and all revisions to the plans approved by the
U.S. Department of Housing and Urban Development (HUD), to allocate FY 2021
Community Development Block Grant (CDBG) funds in the amount of$1 ,244,016 and
FY 2021 HOME Investment Partnership Program (HOME) funds in the amount of
$434,184; authorizing the City Manager to execute HUD Grant Applications and
Agreements to implement the approved Plans, to include any and all revisions approved
by HUD.
Moved by Councilor Chenault to approve Resolution 84-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 7f— Resolution 85-2021
9:54 a.m.
Resolution authorizing the City Manager to approve Change Order No. 1 for the 2019
Maplewood Extension from Lawrence to McNiel Project to Wilson Contracting in the
amount of$102,233.80.
Moved by Councilor Browning to approve Resolution 85-2021 .
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley.
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Nays: Councilor Jackson
Item 7q — Resolution 86-2021
9:58 a.m.
A Resolution of the City Council of the City of Wichita Falls, Texas, approving a
negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and
Atmos Energy Corp., Mid-Tex Division regarding the Company's 2021 Rate Review
Mechanism Filing; declaring existing rates to be unreasonable; adopting tariffs that
reflect rate adjustments consistent with the negotiated settlement; finding the rates to be
set by the attached settlement tariffs to be just and reasonable and in the public interest;
approving an attached exhibit establishing a benchmark for pensions and retiree
medical benefits; approving an attached exhibit regarding amortization of regulatory
liability; requiring the company to reimburse ACSC's reasonable ratemaking expenses;
determining that this resolution was passed in accordance with the requirements of the
Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and
requiring delivery of this resolution to the company and the ACSC's legal counsel.
Moved by Councilor Browning to approve Resolution 86-2021.
Motion seconded by Councilor Chenault and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
Nays: None
Item 7h — Resolution 87-2021
10:06 a.m.
Resolution approving the programs and expenditures of the Wichita Falls Type B Sales
Tax Corporation Board of Directors and amending the budget to include funding up to
$100,000 to The Wichita County Heritage Society to assist in the renovations of the Kell
House Museum at 900 Bluff Street.
Moved by Councilor Brewer to approve Resolution 87-2021.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley.
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Nays: None
Item 7i — Resolution 88-2021
10:10 a.m.
Resolution approving the programs and expenditures of the Wichita Falls Economic
Development Corporation (WFEDC) by amending the existing incentive agreement of
up to $2,800,000 with Panda Biotech related to their proposed operation out of the
former Delphi Plant on 1-44.
Moved by Councilor Browning to approve Resolution 88-2021.
Motion seconded by Councilor Chenault and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley.
Nays: Councilor Jackson
Item 8 — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
8:56 a.m.
Councilor Chenault discussed the Food Bank Mobile Pantry and stated there is a list of
locations on their website where food can be picked up. School is starting back and the
Community Healthcare Center will have a free sports physical clinic on August 12,
2021, from 3:00 p.m. - 5 p.m. They will also have COVID vaccines childrenl2 years of
age and older. The required forms are on their website and must be filled out prior to
arrival. Beginning August 2, 2021, the Health Department will offer vaccination clinics
for back to school. The Barber School is offering $1.00 haircuts for back to school.
There are several back to school events starting this Friday, she has shared this
information on her social media page. Booker T. Washington Elementary is looking for
volunteers for their mentoring program.
Councilor Whiteley applauded the 4A WFEDC, 4B Sales Tax Corporation, Chamber of
Commerce, and Blake Jurecek and his staff for what they do for the community to make
Wichita Falls a better place to live. These are exciting times. He is looking forward to
the budget review, and he would like the MAG study and proposed budget as quickly as
possible. Councilor Whiteley discussed the increased costs for construction and
infrastructure, and city facilities such as Police Department and Fire department
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facilities, which need improvements. He would like to see money set aside to improve
facilities used by our employees. Mr. Leiker stated funds are included in the proposed
budget for capital fund projects to be paid for with excess fund balance.
Councilor Smith stated the National Eviction Moratorium is over and many in our
community may be facing eviction. The non-profit leaders group will have a Zoom call
with State leaders to discuss this issue. There is a state rent relief program and some
federal funds available. Councilor Smith suggested citizens call him or Representative
Frank's office for information. Mr. Leiker stated that the website is Texasrentrelief.com
and he encouraged citizens to apply if needed.
Councilor Jackson thanked Councilor Chenault for her assistance with information
regarding local charities. He asked if she had any additional information on the
cemetery off Bacon Switch Road.
Councilor Chenault discussed a cleanup day at the Eastlawn Cemetery off Bacon
Switch Road. If you have concerns regarding this cemetery, please contact County
Commissioner Barry Mahler. The monthly Art Walk is this Thursday in the downtown
area. If you have warrants, the Municipal Court Warrant Officers will start making
arrests beginning August 15th. Today is the 4-year anniversary for the Family Dollar on
Eastside. Mt. Pleasant Baptist Church will have a sock drive this Saturday. Call 766-
2865 for details.
Mayor Santellana thanked everyone that voted for the Economic Development items,
especially the long term projects. The budget review will begin in the next couple of
weeks and he encouraged Councilors to send requests to Mr. Leiker as soon as
possible. Ray Gonzalez passed away and he was a Councilor, County Commissioner,
and one of the first Hispanics to serve in these capacities. He encouraged everyone to
reach out to the family and let them know what Ray meant to them. He will be dearly
missed.
Item 9 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
9:02 a.m.
No comments from citizens.
Item 10 — Executive Session
9:45 a.m.
No executive session held.
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Item 11 —Appointment to Park Board
Moved by Councilor Browning to appoint Patrick Hearne to Place 2 on the Park Board
with a term to expire 12/31/2021.
Motion seconded by Councilor Whiteley and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and
Whiteley
Nays: None
Item 12 —Adjourn
Mayor Santellana adjourned the meeting at 10:30 a.m.
PASSED AND APPROVED this 17th of August 2021.
'Stephen L. Santellana, Mayor
ATTEST:
Marie Balthrop, TF MC, MMC
City Clerk
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