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HomeMy WebLinkAbout07/23/1984 City Council O0179z Minutes of the City Council of the City of The Colony, Texas held on July 23, 1984 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. with the following members present: Larry D. Sample Mayor Rick Harris Councilman Noel Long Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman with all members present, a quorum was established. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ART. 6252-17 SECTION 2G OF V.A.C.S. REGARDING AN APPOINTMENT TO THE HOUSING FINANCE CORPORATION Upon 'reconvening in Open Session, Mayor Sample proceeded with agenda item #2. 2. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. 3. CITIZEN INPUT There were no citizens present who w~shed to speak. 4. APPROVAL OF MINUTES OF THE JUNE 26TH AND JULY 2ND MEETINGS Councilman Gray made a motion to approve both the June 26th and July 2nd City Council minutes as written. Councilman Poole seconded the motion. The motion pass with a unanimous vote. 5. CONSIDERATION OF APPROVAL ~ AN EMERGENCY ORDINANCE ADOPTING A MANDATORY WATER RATIONING PROGRAM City Manager, Janice Carroll, said the Municipal Utility District (M.U.D.) is recommending no outside watering on Saturdays or Sundays as well as the NOSE plan (North on Odd, South on Even). Councilman Poole did not agree with M.U.D.'s recom- mendation. She suggested strict enforcemen~ of the NOSE plan. Councilman Gray expressed her concerns over people filling new swimming pools. Mr. David Yordy, Superintendent for M.U.D., was present to answer questions. Councilman Amick asked him if the water rationJ~ng would be necessary once the Dallas water is on line. He replied, the problem is not with the water supply itself. The problem is with the ability to pump the water. At the present rate, we are pumping water faster than we can refill the storage tanks. A member of the audience had some questions he wanted some answers to. What is the total pumping capacity per day? What is the forecasted date for going on line with the Dallas water? What about the issuance of building permits? H~s name ~s Ken Br~tton and h~ resides at 5028 Arbor Glen in The Colony. 00179 Mayor Sample replied to the question of building permits. He said essentially nothing is being done to prohibit the issuance of building permits. The reason being, as recently as six months ago we were told our water supply could supply 7200 dwelling units. The original estimate was 5900. We are now discovering the original estimate was more accurate because we now have a little over 5900 units that are going to have to ration water. Mr. Yordy said that his main concern as well as all of his employees is fire protection. Mr. Britton requested notification of rationing in the monthly water bills. He also said he has a problem with the City not abiding with the odd/even conservation program. Ms. Carroll explained to him the urgency of the matter and notification via the water bill would not be effective immediately. She also advised him that all department heads have been reminded t¢ observe the odd/even program. After a lengthy discussion, Councilman Amick said he was disturbed that a member of the M.U.D. Board was not present at this meeting because this is a very critical issue and our citizens need answers. Ms. Carroll briefly reviewed the proposed Ordinance with the Council and members of the audience. She recommended a 2 or 3 day grace period be given prior to issuing citations. Mayor Sample read the Ordinance caption as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR REGULATIONS OF USE OF THE CITY'S WATER SUPPLY; PROVIDING FOR NOTIFICATION; PRO- VIDING A PRESUMPTION; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY ~fter a lengthy d~.scussion, the Council agreed to make some changes Jn the proposed Ordinance. The following is the Ordinance incorporating all Council's recommendations. WHEREAS, the City Council has determined and hereby does determine that regulations of use of the City's water supply during peri, ods which threaten the effective use of said water supply are needed to promote the public health and welfare; and WHEREAS, the City Council has determined and hereby does determine that an emergency ex~sts with the drought conditions that are pr~valent, resulting in the need to limit, control and ration the consump- tion of water in th.~ City of The Colony. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Water Use Regulations. That every owner, occupant, tenant or lessee owning, using or occupying any lot within the corporate limits of the City shall not use the City's water supply for any purpose other than for direct human or animal consump- tion, cooking and maintenance of sanitary conditions within the City except as follows: A. All property located south of Nash Drive shall be allowed to water their yards only on even days being defined as 0, 2, 4, 6, and 8; 00179 B. All property located north of Nash Drive shall be allowed to water their yards only on odd days being defined as 1, 3, 5, 7 and 9. Section 2. Notification. That the City Manager , or her duly authorized representative, shall post signs at the entrances to the City of The Colony which signs shall read substantially as follows, "Water Use is Restricted to Odd-Even Days" Ordinance # 287 Section 3. Presumption. This ordinance hereby establishes a presumption of guilt and all parties owning property or controlling property where water is being used in violation of this ord- inance, shall be presumed to have knowingly vio- lated this ordinance by turning on the water or agreeing to have the water turned on. The presumption established by this section si a rebuttable presump- tion. Section 4. Penalty. It shall1 be unlawful for any person to violate any prow[sion of this ordinance, and any person violating any provision of this ordinance shall be deemed guilty of a mis- deameanor and upon conviction thereof shall be subject to a fine in an amount not to exceed One Thousand ($1000) Dollars, and a separate offense shall be deemed committed upon each day during or on which the violation occurs or continues. All police, City officials, fireman, public works employees, and building officials are hereby directed to enforce the terms of this ordinance and to issue citations for observed complaints. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the ord- inance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of public business, property, health, safety, and general wel- fare of the public which requires that this ordin- ance shall become effective ~rom and after the date of its passage and it is accordingly so ordained. Councilman Long moved to adopt the preceding ordinance. Seconded by Councilman Peele, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 6. PUBLIC HEARING REGARDING THE PURPOSED USE OF REVENUE SHARING FUNDS Councilman Dodds made a motion to open the public hearing. Seconded by Councilman Poole, the motion passed with a unanimous vote. City Manager, Janice Carroll, said the City is estimating the receipt of $60,000 in the 1984/85 budget year as well as a carryover of approximately $21,000 from the 1983/84 budget year. She recommended that the entire amount be placed in the General Fund for general operating~'expenses. There was no input from anyone in the audience regard- ing the use of these funds. Councilman Amick moved to close the public hearing and to put this money into the general fund. Seconded by Couniclman Dodds, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR A COMPUTER SOFTWARE PACKAGE FOR THE FINANCE DEPARTMENT Mayor Sample said that Day Computer Services had quoted the best prices for a software package. They have quoted the City a price of $4,990 for a software package to include 1) a General Ledger System, 2) an Accounts Payable System and 3) a Payroll System. This price would also include delivery, setup and training. He then read the following ordinance caption. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF DAY COMPUTER SERVICES IN THE AMOUNT OF $4,990.00 FOR A GENERAL LEDGER, ACCOUNTS PAYABLE AND PAYROLL COMPUTER SOFTWARE PACKAGE, ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT'"A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds made a motion to authorize the City Manager to enter into a contract with Day Computer Services for a software package at a price of $4,990.00. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF AN'ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER'INTO A CONTRACT FOR A COMPUTER FOR THE FINANCE DEPARTMENT Mayor Sample said that after much research and investigation, it has been determined that a firm by the name of A.I.C. can give the City the very lowest price for an I.B.M. PC/XT computer. They will also supply a Texas Instruments TI850 printer. They have quoted a price of approximately $4,626.00. He then read the following Ordinance caption. O0 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF A.I.C. IN THE AMOUNT OF $4,626.00, FOR AN I.B.M. PC/XT COMPUTER WITH A TEXAS INSTRUMENTS PRINTER, ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Dodds made a motion authorizing the Cith Manager to enter into a contract with A.I.C. for the purchase of a computer and printer. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR SEALED BIDS ON A 13.606 ACRE TRACT OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF FM423 AND SOUTH COLONY BOULEVARD Mayor Sample said the City will permit subdivision of the property. City Manager, Janice Carroll, advised the Council that she has reviewed this in depth with the City Attorney, Mr. John Boyle. The City Engineer, Hal Jones, will describe the individ- ual tracts but no survey is required. She briefly reviewed a proposed bid notice and proposal form. The bids will be for cash only. Bidders will have an opportunity to have four alternative bids. A separate cashiers check for 5% of the bid will be required for each bid. The effective date will be 15 days. The specifications, development plan, architectural control and reversionary clause have been omitted. A bidder must identify himself. Councilman Poole inquired as to why we would not want to have architectural control. Ms. Carroll said other municipalities as a rule do not retain such control. Mr. Boyle also recommended it not be included. The City will however retain site plan and plat approval. Mayor Sample added, these specifications are not giving up anything that was agreed upon when the bid was previously awarded to Talmadge Tins[ey. Councilman Dodds also expressed his concern with the City not having architectural control. He wants it back on the notice as well as a bidders right to exception. Jennifer Rush of 4716 Lemmon Court inquired as to the legality of the statementrequiring a bidder to provide a 5 year history. Fsn't that discriminatory? Mayor Sample replied by saying it is simply an effort to seek legitimate bidders. Michael Lynch of 4921 Roberts asked why there was no development clause included in this notice. Mayor Sample replied, it scared away good bidders the last time we went through this process. Councilman Poole asked if deed restrictions similar to the ones included in the Dunning development could be ~nc]uded in th~s notice? After some discussion, Mayor Sample recommended the Dunning Development deed restrictions be included in this notice. Council- man Amick agreed. He said something such as this should always be addressed up front. Ms. Carroll suggested the following schedule: Advertise on the 2nd and 9th of August Receive bids 27th of August Councilman Poole moved to authorize the City Manager to advertise for sealed bids provied the following exceptions be included in the bid notice: 1) architectural control 2) bidders exception statement 3) deed restrictions 4) check with the City Attorney regarding the legality of the 5 year history requirement The motion was seconded by Councilman Dodds and passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Sample announced the Council would now go back into Closed Door Session and would reconvene in Open Session in 15 minutes. Upon reconvening in Open Session, Mayor Sample addressed agenda item #11. 11. CONSIDERATION OF APPOINTMENT TO THE HOUSING FINANCE CORPORATION. Councilman Poole made a motion to appoint Jennifer Rush to the Housing Finance Corporation. Seconded by Councilman Dodds, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 10. REVIEW BUDGET FOR THE 1984/85 FISCAL YEAR The Police Departments take home car policy was discussed. It was determined that 3 new vehicles in the 1984/85 budget year would be required to keep in line with the 3 year/take home policy. Chief Ristagno said some vehicles can be utilized for four years. Councilman Poole said she wanted the Sergeant's cars marked. Chief Ristagno expla.[ned, Jn order to utilize them on patrol in problem areas it has proven effective to have them unmarked. Councilman Amick said he has no problems with the unmarked cars. Councilman Harris did,on the other hand. He said he didn't:think the Police Department vehicles were maintaing a high visibilty profile. Chief Ristagno said technically on patrol, his department has ~prov~n the low profile of the sergeants vehicles has been a valuable tool. Councilman Amick asked, when'do we buy Police vehicles? Chief RiStagno explained that manufact- urers build these only at specific times during the year depending of course on the make and model. Councilman Amick said, if we decide to go for the 3 autombiles, would they be on a lease/purchase? Ms. Carroll said this is something She is looking for direction-on. There was a brief discussion regarding the purposed radar units. When asked about the amount budgeted for a computer, Chief Ristagno said it is all a matter of formality to adhere to what has been sub- mitted for in case it is needed to get matching State funding. It must show as a budgeted line item. He went on to say the office supply account has been padded Jn case computer supplies are necessary. Councilman Amick said he would prefer that th~ additional monJ_es for computer supplies be put contln~ency reserve u~'~'! needed. 001 Councilman Poole inquired as to the possibility of the crosswalk gaurd at the Middle School having a radio of some sort in her car to report mischief. There was some discussion over the possible cost of such equipment. Chief Ristagno said he would step up his patrols in the area of the Middle School and see if that doesn't help before a radio of some type is seriously considered. He went on to say the new investigator will pr].marily be used for juvenile but will be utilized in whatever area he is needed. The investigator will more than likely be promoted from within the department or possibly a lateral move. In that case, two patrol officers would be hired. We would advertise in October and hire by December. With no further action to be taken by the Council. at this time, Councilman Dodds~ moved to adjourn the meeting. Seconded by Councilman Long, the motion passed with a unanimous vote. Mayor Sample adjourned the meeting at 11:00 p.m. ~..-~L~ ~.~'~mpre, Mayor -- Attest: Janet~dd, City Secretary [SEAL]