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04 City Council Mtg Min 11-27-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS November 27, 2006 The City Council ofthe City of Paris met for a regular session at 6:00 P. M. Monday, November 27,2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Tim Ray; Curtis Fendley; Mary Ann Fisher, Mayor Pro Tern; Kevin Gray; Jesse James Freelen; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk 1. Mayor Manning called the meeting to order. Pastor John Kelley gave the invocation. 2. Pledge of Allegiance. Council Member Ray led the pledge. CONSENT AGENDA Mayor Manning inquired ifthere were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Upon a motion made by Council Member Fendley and a second by Council Member Fisher, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4A, 4B, and 4C set out above. 3. Approval of minutes from previous City Council meetings. (11/13/06; 11/15/06) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Public Library Advisory Board. (10/18/06) B. Traffic Commission. (11/14/06) C. Paris Economic Development Corporation. (11/1/06) Regular City Council Meeting November 27,2006 Page 2 5. Discussion and direction for City Charter Amendments. Monte Akers, legal advisor reported to Council that the Charter Review Committee met for the first time and set a goal to have a recommendation to Council by February I st. The Committee elected Philip Cecil as chairperson and Ozie Battle as vice-chairperson. 6. Consideration of and action on the following ordinances: A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A TRACT OF LAND FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS, IN RESPONSE TO A PETITION FOR SUCH DISANNEXATION FILED BY ATTI CORP. D/B/A COOPER PROPANE COMPANY; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO THE AFORESAID DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony Williams told Council staff did not recommend approving this disannexation, because in the past there had been problems with leakage. Tony further stated there needed to be regulation for safety reasons. A Motion to deny this item was made by Council Member Free1en and seconded by Council Member Fisher. Motion carried, 6 ayes - I nay, with Council Member Ray casting the dissenting vote. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ACCEPTANCE OF A 10 FOOT UTILITY EASEMENT FROM BARTON 1. CHADWICK AND TUESDAY L. CHADWICK FOR THE FLOW EQUALIZATION BASIN FORCE MAIN IMPROVEMENT PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular City Council Meeting November 27, 2006 Page 3 Shawn Napier explained the easement was necessary in order to put in a new sewer line. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 8. Personal Appearance(s). A. Carolyn Whelchel regarding disannexation of the FM 905 area. Carolyn Whelchel asked Council if they had made a decision about the disannexation. She stated that when a 911 call was received from their home, a Lamar County Deputy Sheriff came to their home and not the Paris Police. She further stated there were no fire hydrants near her home and that was what affected insurance rates. She asked Council what they were going to do. Mayor Manning asked Tony to obtain information concerning the possible disannexation. Tony said he would do so and place this item on the December 11 th Agenda. Council Member Wilson said they needed to find out why 911 called the Sheriff's Department instead of the Paris Police Department. 9. Citizens Forum. Michael Leddy, 4120 Alpine Drive - spoke in support of Tony Williams. Frank Miller, Cooper Propane - he explained the reason they sought disannexation was because they had no city water and sewer. He further explained that he had purchased equipment to take care of the leakage problem. Sims Norment, 606 Church Street - he encouraged Council to work with Tony and if there was a problem, to go and talk to him. Charles Waldrum - he said that no other city manager had as much support from the citizens as Tony Williams. He further stated Tony was needed to assist during the Charter reVIew process. Pike Burkhart, 524 Church Street - spoke in support of Tony and stated that he had done a good job. He further stated this issue was distracting the many volunteers, who were contributing their time and hard work to make Paris a better place. Brady Fisher, 3870 Lamar - spoke in support of Tony Williams. Regular City Council Meeting November 27,2006 Page 4 John House, 1035-31st S.E. -he stated that when Tony became City Manager, the City was near bankrupt. He said Tony had improved the City finances. Ed Seidle, 1313 Pine Bluff - he stated the Paris News had summed up how the citizens feel about Tony, and that Tony had done a great job. Richard Bercher, 1040-3 1st S.E. - he outlined Tony's accomplishments and asked Council to work with Tony in order to keep Paris progressive. Benny Gray, 640 Wilburn - spoke about the past problems and how Tony had improved the City. John Scharfe, 5111 FM 905 - he said it was the Council's responsibility to follow along with what the citizens wanted. David Nabors, 1822 E. Polk - he stated that Council should make sure that no one else comes in and gets the water rights to Pay Mayse Lake. Chip Harper, 545 Johnson Woods Drive - spoke about the great leadership of Tony Williams. He commended Council and Tony on the Highway 19/24 Project. Bee Garmon, 424-1 7th N.E. - she said that Tony Williams was one of the best city managers that she had ever worked with in the State of Texas. She asked Council to keep Paris progressive and to keep Tony as City Manager. Melba Harris, 3315 Lamar - she stated that Tony Williams had honor and integrity and that is what she looked for in a boss. She further stated that he was doing a good job. Wayne Shoulee, 10 I-24th Street - spoke about a proposition regarding sidewalks and curbs. Anne Biard, 436 Church - she stated that more young people were moving to Paris to raise families. She asked Council to do what was in the best interest of the City. 10. Report from Police Department regarding possible ordinance to require certain identification requirements for the sale of scrap metal/copper. Lt. Tuttle reported that they were currently reviewing state law and information from other cities. He said they should have something to Council in December. Regular City Council Meeting November 27,2006 Page 5 11. Report from Police Department regarding possible ordinance to regulate local wrecker servIce. Lt. Tuttle reported they were compiling information and should have something to Council in January for their review. 12. Discussion and possible action regarding the City Attorney Position. Tony informed Council that an offer had been relayed to one of the applicants and that the applicant had asked for additional time. 13. Consider, discuss, and provide direction to City staff or consider possible action regarding annual evaluation of the City Manager and Municipal Court Judge. Gene Anderson provided each Council Member with a copy of the tally sheet. Council Member Ray asked for a copy of each Council Member's evaluation form. Council Member Fisher said there was no rush. Council Member Ray said he would like to have them before the next meeting. Council Member Freelen made a Motion to offer the city manager a one year contract. John Lestock advised Council that item 13 does allow action; however, a contract would need some study. He further advised the position was one of appointment. Council Member Fendley stated that there had been contracts in the past with city managers. Council Member Fisher said they had asked for the evaluations and they should be allowed time to review them. Council Member Freelen withdrew the motion. 14. Possible future agenda items. Council Member Fendley requested an update on Pat Mayse Lake be placed on the next Agenda. Council Member Ray requested an update on the water billing and meter reading. Tony said that the Mayor had brought to him the information from the vendors. Tony stated that Gene Anderson, the engineer, and water utility director were going to review the information and a report would be given to Council. Mayor Manning requested the evaluations be placed back on the next Agenda. Regular City Council Meeting November 27, 2006 Page 6 15. Referrals. There were none. 16. Adjournment. There being no further business, the meeting was adjourned at 6:55 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK