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Min 03/15/2005 532 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 15, 2005 Item 1 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: Arthur Bea Williams - Mayor Pro Tern Linda Ammons - Councilors James Esther, Jr. - Ray Gonzalez - Charles Elmore - Michael Norrie - Absent James Berzina - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor Pro Tern called the meeting to order. Item 2a Councilor Esther gave the invocation. Item 2b Councilor Gonzalez led the Pledge of Allegiance. Item 3a Kathryn Early, Falls Fest representative, presented the City a check from Falls Fest proceeds. Mrs. Early also presented the City a framed poster of the 2004 Falls Fest. Mayor Pro Tern Williams accepted the check and the poster expressing appreciation to the Wichita Falls Junior League. Item 3b Mayor Pro Tern Williams proclaimed March 17 as "Absolutely Incredible Kids Day in Wichita Falls" North Texas Campfire Councils' Special services Coordinator Joy Ashlock, and Sally Gray, Traditional Services, as well as parents of Camp Fire children, were present to accept the proclamation. Item 4 Mayor Pro Tern invoked the five-minute rule on public comments, and cautioned the citizens to keep their comments to their concerns and problems and not on people. Henry Fowler, 1904 East Forth Worth Street, asked for an opportunity to address his property that was on the list of hazardous structures to be demolished. He stated that he was not aware it was on the demolition list until he saw it in the newspaper. He requested 60 days to repair the structure. 533 Item 4 continued Councilor Elmore asked that it be put back on the Council agenda. Mr. Dave Clark informed that property ownership needed to be established. Mr. Fowler said he had proof of ownership. Mayor Pro Tem, Councilor Elmore, and Councilor Ammons agreed that it be put back on the Council agenda. City Manager noted that demolition would be held up, and Mr. Clark will get with Mr. Fowler to let him know what he needs to do. Mrs. Jean Sherrill, 2004 Jones Street, CPS Victims Defense, wanted to be able to receive a solicitor's permit without a hassle. Mayor Pro Tem told her this would be looked into and she would be contacted. Gary Cook, 2011 9th Street, referred to the hiring process for city manager that they used when he was mayor. He said they did not have the expertise, since they had received 200 plus applications, so they obtained a search firm to assist them and they narrowed the applicants down to 25. Mr. Cook offered to assist the Council in anything that he could do. Marilyn Scott, 2404 Polk, requested that an investigation be conducted on what she alleged to be the murder of her husband, Jesse Odell Scott, at the United Regional Eleventh Street Campus on September 26, 2003. David Brock, 320 Hill Top, encouraged the Council to be as open as they can be. Council needs to be asking if you need to go into executive session, not if you should go into executive session. He asked that Council pursue the same openness when searching for a city manager as they did when Mr. Cook was mayor. He encouraged the Council to continue to be open about the city manager search process. He would hate to see the interim city manager hiring done behind closed doors. He would like for the Council to look within the City employees for that. He recommended Mr. Scott Taylor for interim city manager. Lastly, he would like to see all Council members hold district meetings. Mrs. Geraldine Klein, 6710 Kit Carson, stated that she did not intend to recall anyone else except Councilor District 3 Mike Norrie, where she is a resident. Councilor Norrie has one year remaining on his council term. The May Election will not turn over enough council seats to make the good decisions needed for the City. We as residents in District 3 must remember to focus on issues of the City Council and that is on the performance of Councilor Norrie on City Council. I believe his performance has been poor and of recent has escalated to being damaging to District 3. She gave information on recall signatures required to recall Councilor Norrie. Councilor Elmore asked if this was necessary. This sounds like someone bashing on people and that is exactly what we said we did not want before we started this. Mayor Pro Tem stated that she has not disparaged him other than to state she was displeased with him. I think we need to let her talk for her five minutes. Mrs. Klein gave figures required to recall Councilor Norrie, as well as where she could be contacted to sign up for this recall petition. Mayor Pro Tem stated that she knew what Council Elmore was talking about; there are some serious concerns. Mrs. Klein could make herself available to the media in a general way. I know we said we were going to listen to the public but I just want to make sure that we are doing what we thought we were doing and that is to give access where you normally did not. Mrs. Klein informed that she provided public press releases to the media but they have not published them. Cheryl Mahon, 4109 Randel, is a member of the Bill of Rights Defense Committee of Wichita Falls, which believes that the Constitution and the Bill of Rights belong to the people not the government. We are all non-partisan volunteers who are concerned with portions of the Patriot Act that violate civil liberties. We want to join 367 other cities that have passed resolutions opposing those portions of the Patriot Act. They plan to present a draft resolution to Council in this regard. Vanessa (Koetter), 4611 Summit, did not give her last name, confessed to committing a federal crime by signing an affidavit during the recall petition, swearing that she had voted for Bill Altman when in fact she did not vote for Bill Altman. She said that if she was one there are more. She was aware of the consequences to that. She apologized to Bill Altman, and she wishes that the Council would be supportive. I think you need to know the truth. I apologize to Councilor Elmore for having to live with the residual of 534 Item 4 continued consequences for my actions. Mayor Pro Tern said that she did not doubt that what "Vanessa" is saying is true and that it is multiplied many-fold. You have given us all reasons to think twice before we act. I think everyone on this Council appreciates your coming here. Mrs. Koetter suggested that the Council offer an official apology to Bill Altman in the form of a plaque to be held at a public place until the May elections. City Council recessed at 9:25 a.m. and reconvened at 9:40 a.m. Item 5 The Minutes of March 1 and March 4 were approved as distributed. Items 6a-6d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro-Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received. a. Traffic Safety Commission — February 2, 2005 b. Wichita Falls/Wichita County Public Health District—January 7, 2005 c. Park Board — February 24, 2005 d. Library Advisory Board —January 25, 2005 Item 7a A public hearing was held to discuss amendments to the payment standards in the Housing Choice Voucher Program PHA Plan and Administration Plan. Mayor Pro Tern declared the public hearing open. Mr. Matt Benoit, Assistant City Manager, informed that this was for clarification as well as to adopt payment standards. He explained HUD's process and guidelines. They have given us the same amount of money as last year. He proposes to set payment standards the same as last year. Mayor Pro Tern said that she knew there would be adjustments for eligibility but if a family is currently in a three-bedroom house, will they still get to keep that three-bedroom house? Mr. Benoit replied that it depends if a child will meet a certain age, but normally they will stay. Councilor Ammons asked if people that rent Section 8 are on this house voucher program. You are setting the rent for the Landmark. Do they agree to this rent? Mr. Benoit replied that the rent that is paid for the unit is the lesser of the rent asked between owner and payment standard. There are times when we can allow people to pay more than the rent payment. They can pay more than the payment standards if their income allows it. Councilor Ammons stated that there is a Section 8 person who has a daughter and granddaughter living in subsidized housing. The daughter and granddaughter moved out and she was frantic because she is ill and did not know if she would be able to remain in the house. Mr. Benoit replied that she would probably be given a new voucher for a new unit within 60 days. If not she would have another 30 days. She would not be moved out as long as she could make the payments. I do not know what happened in that situation without a name I could not tell you. I 535 Item 7a continued would have to think through what is best for the client. I can look into that situation if you give me her name. Mayor Pro Tern called for additional public comments. There being none, Mayor Pro Tern declared the public hearing closed. Item 8a ORDINANCE NO. 16 -2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY FOR THE SETTLEMENT OF PENDING LITIGATION STYLED DIANA PEELER ROBERTS V. CITY OF WICHITA FALLS, CAUSE NO. 138,800-C; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No.16-2005 be passed. Motion seconded by Councilor Esther. City Attorney reminded Council that this was previously discussed with them and they reached an agreement in the amount of$75,000. Councilor Ammons and Councilor Esther agreed to insert $75,000 in the blank. Motion carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8b ORDINANCE NO. 17-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL HOPWA GRANT FUNDING IN THE AMOUNT OF $43,664 RECEIVED FROM TARRANT COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No.17-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor ProTem Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9a RESOLUTION NO. 38-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AMENDMENTS TO THE PAYMENT STANDARDS IN THE HOUSING CHOICE VOUCHER PROGRAM PHA PLAN AND ADMINISTRATIVE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 38-2005 be passed. 536 Item 9a continued Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro-Tem Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 39-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE SOLICITATION OF BIDS FOR THE PURCHASE OF A MOBILE STAGE FOR THE PARKS & RECREATION DEPARTMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 39-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Pro-Tem Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 40-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A CHANGE ORDER TO THE PHASE II AIRFIELD IMPROVEMENTS PROJECT AT KICKAPOO DOWNTOWN AIRPARK, CWF 04- 19, IN THE AMOUNT OF $280,553.00 AND 45 CALENDAR DAYS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 40-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro-Tem Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9d RESOLUTION NO. 41-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TRAFFIC CONTROL MATERIALS FOR THE CITY'S TRAFFIC CONTROL DIVISION FROM 3M TRAFFIC SAFETY SYSTEMS DIVISION, THROUGH THE GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY CONTRACT IN THE AMOUNT OF $25,800.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 41-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None 537 Item 9e RESOLUTION NO. 42-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE YMCA OF WICHITA FALLS GRANTING EXTENDED RESERVATION PRIVILEGE TO USE OF BALLFIELDS IN UNIVERSITY KIWANIS PARK AND LAKE WICHITA PARK FOR A SPRING AND FALL YOUTH BASEBALL LEAGUE IN 2005; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 42-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Pro-Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9f RESOLUTION NO. 43-2005 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE TEX MEX BASEBALL LEAGUE OF WICHITA FALLS FOR EXTENDED RESERVATION PRIVILEGE TO USE BALLFIELDS IN SPUDDER AND WILLIAMS PARKS FOR THEIR 2005 ADULT BASEBALL LEAGUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 43-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9g RESOLUTION NO. 44-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, IN SUPPORT OF MENTAL HEALTH MENTAL RETARDATION LOCAL MANAGEMENT AND FUNDING, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 44-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro-Tem Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9h A proposed Resolution was presented requesting that the Texas State Legislature reconsider their proposal to place appraisal caps on property taxes. Moved by Councilor Gonzalez that this proposed resolution be passed. Motion seconded by Councilor Elmore. 540 Item 10c continued where it does not belong. I will stay as close or as far away from this process as you want. Internally we can get you to the point where you want your process. Councilor Ammons asked if we should be looking first for an interim city manager instead of a city manager at this time?Are we jumping the gun here? City Manager Berzina replied that if you decide to you might go with a search firm, I believe this is another question you need to ask yourselves. I think it is clear the new council should hire the next city manager, and it is important that the new council and new city manager have that relationship. I see nothing wrong with you starting at the appropriate time, and that time may be now, soliciting for applications, and looking into whether you want a search team. Mayor Pro Tern stated that it is important to know if we are going to have a search team, and how we are going to go about this process. She would like to have something done that she participated in for a governing entity. She explained that she was part of a citizen group that articulated what we as consumers of the by-product of this agency did; what we perceived to be the attributes that we would want that next leader to have. She suggested that Council get a feel for what the citizens want, since we are talking about opening the debate to the citizens. She suggested a one-time meeting informing the citizens what the city manager does and what the citizens want the Council to look at. Oddly enough, what the citizens mentioned are some of the same things you want to do. In your interview process, you may look at meeting some of those suggestions. City Manager Berzina stated that if you go through the ICMA you are going to be in the medium of where you will get your qualified applicants. The person in my opinion should come from the public sector. You are going to reach most applicants from that medium. The executive search team would be able to move quicker. The first time it was advertised I did not apply. Once they did a second application I was called and flew down. That can be shortened. The new council could be interviewing in June or July. The time frame for me was January through April. The executive search team can check references. Council can decide how fast or slow they want to go on this. Anytime during this process you can have a public session. Do not have public input during the interviews; that is a Council process. A search team can offer all kinds of services. They can even sit in on the interviews and speak with every council member individually and as a group. The cost to employ a search team depends on the level of search you decide on. Average cost is $15,000-$20,000. There are some good ones with search offices here in Texas. Councilor Elmore asked the City Manager if he and the City Attorney were going to give the Council a list of things that we can look at? City Manager Berzina replied that he could; however, he does not want anyone to think that he selected his own successor. Councilor Elmore asked for a list of things that the Council should be looking at in the way of a city manager and a list of executive search team companies that would do it for$15,000. Councilor Esther stated that we need to have a two-prong approach; we need to look at current staff as well as going out for a search committee. I do not like that we are not looking at staff, but we do need to look at both. City Manager Berzina informed that if you decide to go on a national search staff could apply like anyone else. If the word gets out that you are running a two- way process, applicants will think you have already decided to hire from within and you will not get the applications you want. Mayor Pro Tern said she would like to first decide when we will begin taking applications and get the search team. If we are going to use citizens' input there needs to be a list of people who are going to be invited to participate to get them on the record. You need to know when to end this as well and the new council needs to have a package by May 7 or 17th so they can start looking at these names. Within a month we need to know when and who is going to do this. Maybe each Councilor could get six people to give you input. If citizens are as vocal as I think they will be they will tell you what they want a city manager to do. We need to get started within a month and submit the citizens' names who will be invited to come and give input. We should already be starting by April 15. It is going to take that time to get the executive search team to get packages ready for the incoming council. City Manager Berzina said that Council may want to come up with a job description in advance and have ICMA advertise it. He suggested that the advertisement be submitted to ICMA within 3 weeks for them to run immediately. All they want to know is that there is a position open. Your main purpose is to get applications. Councilor Ammons suggested having the next Council meeting in the evening. City Manager Berzina stated that Council could have their regular meeting then recess, and have that one item on the evening meeting. 541 Item 10c continued Mayor Pro Tern stated that within a month we should get all the advertising done. City Manager Berzina will provide Council with a job description. Mayor Pro Tem asked each Councilor to submit names of six citizens each that they want to give input saying what they want. We do not want to rehash old things only what we want the new city manager to do. City Manager Berzina suggested that Council get the appointment of a new city manager done by early summer. Councilor Elmore asked if we were going to do applications for interim city manager at this time? Mayor Pro Tern replied that we are receiving some but have not announced it. Councilor Elmore stated that we are going to do something at the next meeting. City Attorney informed that by Charter, you need a city manager and you can do that at the next Council meeting. Mayor Pro Tern said that the interim city manager needs to be in place by April 15, and announced that applications are now being taken for interim city manager. Councilor Ammons asked for clarification that if the six people would be the only ones that will have input. Mayor Pro Tern replied in the negative stating that we want them at a meeting to give input. We need to put out an effort to get some ideas. We are not limiting input to the six. I would like to have it at a different time when you had those who could give you input. She would like to have an evening meeting and at least have them present. Mayor Pro Tern asked that within three weeks we have the City Manager notices out, then the attributes while we are waiting on the applications. Councilor Esther asked what a citizen would ask a city manager coming in looking for a job? City Manager Berzina replied that he did not know how to answer that. I cannot come up with an answer. Mayor Pro Tern clarified that the citizens can tell us what they want us to ask what they want us to ask the city manager. They will not be asking the city manager, we will be asking for them as their councilor. Councilor Ammons asked if we were submitting the city manager information to ICMA for their website and publication? City Manager Berzina replied that we will prepare the information and have every one of you sign off on it then we will send it to ICMA. We will come up with some steps that you can take with a calendar if you want us to do that. Mayor Pro Tern stated that the interim city manager appointment would be on the next Council agenda. Dave Brock, 320 Hill Top, asked if the search firm would review the applications? City Manager Berzina replied that the applications could be turned over to the search team. Mayor Pro Tern stated that all applications would be put in the batch with the rest. The interim city manager applications would be considered for interim and the other if they want to be considered for both. We are now taking applications and they will be considered the first meeting in April. Councilor Gonzalez asked for clarification on what Mayor Pro Tern wanted to do with the six people. Mayor Pro Tern replied that she thinks it would be nice to have six people who would come and give input as well as the public in general. There are just some whose voices you want to hear what they have to say because of their public exposure, management and people skills that they can share with us. Councilor Ammons suggested limiting the speakers to 3 minutes at that meeting. Mayor Pro Tern did not think they should be limited at all because we are inviting them to come. Let's invite them and set a date. Council agreed that at their April 5 Council meeting they would recess until the evening at which time the six persons invited by each Councilor would give Council their input regarding the city manager. This will be an informational process and would be open to the public as well. Mayor Pro Tern announced that representatives from our Sister City, Furstenfeldbruck, would in Wichita Falls April 2-9. 538 Item 9h continued Mayor Pro Tern commented that it was important to pass this resolution so that the Legislature is aware that we know what is going on. David Brock, 320 Hill Top, questioned whom the Council is really supporting if they send this resolution to Austin. He asked if Council wanted to represent their constituents and give them some tax relief. He asked that Council not oppose appraisal caps on property taxes. He asked that Council not pass this resolution and vote for the constituents, not for the ability to raise taxes. He suggested that the City reduce spending and cut where you can. I do not know where to cut but we need to cut. The government cannot fix everyone's ills. I do not know where you are going to get more money except to tighten your belts with things such as the perks, bells and whistles. City Manager compared the taxing entities taxes when he came to this City and what the taxes are now, noting that the City's tax was and still is the lowest tax. He suggested that Mr. Brock look deeper where the taxing is being done. The City is not where the taxing and spending is going on. Councilor Elmore commented that he was in and around California during Proposition 13 and have seen cities gone literally bankrupt because of state and federal program mandates without funding. The infrastructure of the City has made us meet certain requirements and demands. I would like those taxes to go down, and even more, the price of gasoline. I might be interested in seeing public comments on this. I would like more input. He suggested tabling this to a later agenda. Mayor Pro Tern said that sending a letter is more effective. We are acting as an entity that is bound by what we are required to do. This is to say, pass some legislation that we can all live with. Legislature needs to consider some other alternatives and citizens can write a letter to them and tell them what you think is more appropriate. Bobby Hall, 5234 Deer Creek, said that he would rather have more control to spend his money than to have the government spend his money the way they want or see fit. Councilor Esther commented that we need to take stock in ourselves and a lot of us are living beyond our means. What we need to do is to have a course in making sacrifices and this additional indebtedness would not be upon us. There are some things we need to be doing ourselves to correct our past mistakes. Mayor Pro Tern stated that oddly enough I think what you are saying is what we are doing. The state can still put a cap on taxes but they would still put unfunded mandates with penalties. I do not think anybody is proposing taxes are going to be reduced. It is a good opportunity for public involvement in the legislature. That is how they have handled their money things, and that is to make requirements and put off the funding on someone else then put a cap on how you can pay for it. Councilor Elmore said he did not see that wording in this resolution and asked if could be rewritten to express that sentiment? City Attorney replied that the Council could make amendments from the floor. Councilors Ammons and Elmore will work on changing the language of the resolution. She encouraged the citizens to contact the legislature. Moved by Councilor Elmore to table this item. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro-Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 10a Councilor Esther stated that there are all types of information on how all levels of government work. When someone tells you that taxes are going to be cut it is not going to happen because if they cut here they will charge you elsewhere. There is nothing free in America, somebody is going to have to bite the bullet. Councilor Esther commented that we have some sort of open season on 'the public needs to know', and there are some things the public may not want to know or should not know. There are some things we want to know and there are a lot of things we do not need to know because that complexes our lives. It is the intent of this community and this government that you enjoy the 539 Item 10a continued most fruitful part of the wonderful gift that God has given us and not worry about those things that are going to be overly suspicious. In the process you lose what you call freedom. We are taking action here because you entrust us. We have no right to do anything that would endanger your life or jeopardize your security. If there are people who sit on this Council who feel as though sitting up here gives them the opportunity to play games they do not need to be here. They will be charged for their responsibility by a Power far greater than you and I - God. We need to have faith and trust. Remember as a Council takes action it is not in the best interest of the individual Councilor member or the collective group, but it is in the best interest of us all. Councilor Elmore asked for a status report on video magistrating. City Manager informed that everything is in place except for the purchase of the equipment. He will report to the Council in a memo. Mayor Pro Tern noted that this was Freedom of Information Month, which she calls "Shake Your Fist in the Air Month". Everyone who knows me knows I tend to be very open. There is nothing that has been done that was deliberately done to keep the public from knowing what is going on. When it comes to personnel matters, unless the City Attorney tells me we cannot talk about it publicly we are going to talk about it publicly. I get criticized daily and I do not mind taking the heat but do not want to be unfairly criticized for doing something that I think is appropriate. From now on unless the City Attorney tells me we cannot talk about it publicly we are going to talk about it publicly ad nauseum. When we get to the next part of the agenda you will understand what I am referring to. I do not have anything to hide; I am a little more open than I should be. It does not really matter who tells me that there is a freedom of information thing that says I ought do to the contrary. Mine came from my feeling of public justice and freedom and the public's right to know long before I came to this Council, and I only have until May 17 to be on this Council and I will still think the public has a right to know. I just thought that as the one who is in charge of the Mayor's seat for the time being there is a way to do things but if it seems it needs to be done in public I do not have a problem with that. I am all for it. Councilor Elmore requested that the appointment of interim mayor be put on the next agenda. Item 10b Councilor Esther asked staff to check Pleasant View Road for potholes. Mayor Pro Tern Williams requested that staff check where the demolition bidders are dumping the debris. City Manager stated that staff will check into that we will require landfill receipts before we make final payments to bidders. City Council recessed at 11:06 a.m. and reconvened at 11:20 a.m. Item 10c No Executive Session was held; instead City Council discussed the hiring process and employment of a city manager in open session. Mayor Pro Tern mentioned that the Council will talk about how Council wants to go about this process, such as the time frame, who will be involved, whether we want to have the public participate in the selection process and how much. The next council will finalize the process, but we need to begin the process. Councilor Ammons asked if Council could ask City Manager Berzina what he does and that he give us a job description? Does ICMA have input into what we do? He can give us some guidance. City Manager Berzina replied that between the City Attorney and himself, they could give Council the items they will need to address and make decisions over. Council should ask themselves if they have somebody in mind that they want to be city manager. If you do, then that changes the search process. If you do not, then you will have more of an exploratory process, which clearly centers around using an executive search team. There are a series of questions that you should ask yourselves to get to where you want to be. Between the City Attorney and I, we could give you that kind of discussion, the kind of consideration you ought to make as a Council and go from there. The hesitancy I have is I do not want to be perceived as putting my nose 542 City Council adjourned at 12:15 p. m. PASSED AND APPROVED this day of , 2005. ARTHUR B. WILLIAMS MAYOR PRO-TEM ATTEST: Lydia Ozuna City Clerk 1 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, March 15, 2005, Beginning At 8:30 a.m. City Council: Mayor Pro Tern Arthur Bea Williams, Councilors Linda Ammons, James Esther, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1 . Call to Order. 2. (a) Invocation: Salvation Army (b) Pledge Of Allegiance 3. Presentations: Check Presentation From Falls Fest 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. 5. Approval of Minutes. CONSENT AGENDA 6. Receive Minutes: a. Wichita Falls Traffic Safety Commission — February 2, 2005 b. Wichita Falls/Wichita County Public Health District — January 7, 2005. c. Wichita Falls Park Board Meeting — February 24, 2005 d. Wichita Falls Library Advisory Board — January 25, 2005 City Council Agenda Tuesday, March 15, 2005 Page 2 REGULAR AGENDA 7. Public Hearings: a. A Public Hearing To Discuss Amendments To The Payment Standards In The Housing Choice Voucher Program PHA Plan And Administrative Plan. 8. Ordinances: a. Ordinance Making An Appropriation From The General Fund Equity For Settlement Of Cause No. 138,800-C, Diana Peeler Roberts v. City Of Wichita Falls. (City Council Bill #55) b. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Housing opportunities For persons With Acquired Immunodeficiency Syndrome (HOPWA) Grant Funding In The Amount of $43,664 Received From Tarrant County And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #56) 9. Resolutions: a. Resolution Approving Amendments To The Payment Standards In The Housing Choice Voucher Program PHA Plan And Administrative Plan. (City Council Bill #57) b. Resolution Authorizing The Solicitation Of Bids For The Purchase Of A Mobile Stage For The Parks & Recreation Department. (City Council Bill #58) c. Resolution Approving A Change Order To The Phase II Airfield Improvement Project At Kickapoo Downtown Airpark, CWF 04-19. (City Council Bill #59) d. Resolution Authorizing The Purchase Of Traffic Control Materials For The City's Traffic Control Division From 3M Traffic Safety Systems Division Through The General Services Administration Federal Supply Contract. (City Council Bill #60) City Council Agenda Tuesday, March 15, 2005 Page 3 e. Resolution Authorizing The City Manager To Execute A License Agreement With The YMCA Of Wichita Falls Granting Extended Reservation Privilege To Use Of Ballfields In University Kiwanis Park And Lake Wichita Park For A Spring And Fall Youth Baseball League In 2005. (City Council Bill #61) f. Resolution Authorizing The City Manager To Execute A License Agreement To The Tex Mex Baseball League Of Wichita Falls For Extended Reservation Privilege To Use The Ballfield In Spudder Park And Williams Park For Their 2005 Adult Baseball League. (City Council Bill #62) g. Resolution In Support Of Mental Health/Mental Retardation Local Management And Funding. (City Council Bill #63) h. Resolution Requesting The Texas State Legislature Reconsider Their Proposal To Place Appraisal Caps On Property Taxes. (City Council Bill #64) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: Consultation With City Attorney Regarding Hiring Process/Employment Of A City Manager, As Authorized By Sections 551.071 And 551 .074 Of The Texas Government Code. 11 . Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION City Council Agenda Tuesday, March 15, 2005 Page 4 1 certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 20 at o'clock (a.m.)(p.m.). City Clerk