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1975-03-17 CC Minutes1 1 CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF REGULAR MEETING March 17, 1975 All .members of the City Council Mayor Mayor Pro Tem Councilmen: were present: George G. Grimmer W. R. Linn Ray Flaherty Bill McClung Ken Quevreaux Bill Binfor d Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of March 17, 1975 to order at 7:30 P.M. . AGENDA ITEM NO. 1. - INVOCATION. Councilman Flaherty gave the invocation. MAYOR GRIMMER RECOGNIZED REPRESENTATIVES OF THE DEMOLAYS OF THE MASON ORGANIZATION. BOBBY JOHNSON OF THE DEMOLAYS INTRODUCED THE REPRESENTATIVES. DECLARING AN EMERGENCY. After some consideration, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", declared an emergency and placed the following on the agenda for consideration: Agenda Item No. 8.a. -Consider Authorizing The City Manager To Sign A Developers Contract For Property Located At Dallas Parkway and Alpha Road; Agenda Item No. 15.b. - Discuss Speed Limit On Tanglewood Drive From Brookhaven Club Drive To Marsh Lane. Requested By Mr. Bill Bettes, 14148 Tanglewood; Agenda Item No. 16.b. - Executive Session, b. Discuss Pending and Contemplated Litigation. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - Minutes of February 17, 1975 After some consideration and attaching a copy of Resolution No. 75-007 to the minutes, a motion by Councilman Binford, a second by Councilman Ouevreaux, all voting "aye", approved the minutes as submitted of the City Council meeting of February 17, 1975. Page 1029. AGENDA ITEM NO. 3. - PRESENTATION OF TROPHIES FOR POSTERS FOR THE CLEAN-UP CAMPAIGN PROGRAM. Mayor Grimmer explained that a poster contest was conducted in all the elementary schools within the City of Farmers Branch to promote the "Pitch In With Pride" clean-up campaign. The Clean-up Committee consisting of the Building Official, Sanitation Superintendent, Fire Chief and Police Chief judged all posters submitted by the schools to determine the Grand Prize winners. Mayor Grimmer presented trophies to the following Grand Prize Winners: 3rd Place Steven Wheaton 4th Grader of Cabell Elementary School 2nd Place John Schmitz Ist Grader of Mary Immaculate School Ist Place Joe Nelson 4th Grader of Mary Immaculate School The Council thanked all participants. AGENDA ITEM NO. 4. -PRESENTATION OF SERVICE AWARDS. - 5 YEAR AWARDS. Mayor Grimmer presented 5 year service awards to Sue Grant of the Parks and Recreation Department and to Jackie Rutledge of the Public Works Department for their employment with the city. AGENDA ITEM NO. 5. - DISCUSS ROAD AND SIDEWALK CONDITIONS. REQUESTED BY JIM DAVIS, 2548 HEARTHSTONE. Mr. Jim Davis, 2548 Hearthstone, stated that the streets in Farmers Branch were in bad conditions and in need of repair. He suggested that since the Sanitation Division truck drivers drove up and down every street in the city every 3 working days , the men could take note of the locations where the street needed repair. He also stated that the sidewalks were overgrown with trees, bushes and shrubs. Mr. Davis proposed that an ordinance be adopted restricting growth of trees, bushes, shrubs, etc. to a foot either side of the sidewalk and at least 7 feet over the sidewalk. Mayor Grimmer thanked Mr. Davis for his suggestions. There was discussion of an existing ordinance that required the homeowner to maintain the easement of wh ich the sidewalk is in so as not to interfere with traffic on the street. There was discussion of the city not having the requirement of keeping the sidewalk clear up to 7 feet. AGENDA ITEM NO. 6. -CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE. REQUESTED BY ASSOCIATED SPORTS. Mrs. William Ferris, representative of the Associated Sports, requested to place concession stands on Jaycee Park, Showman Park, the Field Property at Dennis and Valley View, and at Cabell School property, for the period beginning April 15, 1975, and ending August I, 1975. The stands are approximately 8' x 12' in size and are the portable building type. These stands will be used to sell concessions during the baseball season. Page 1030. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", approved the request for a civic and philanthropic use to allow the placement of concession stands on Jaycee Park, Showman Park, and the Field Property and on the Cabell School property provided permission is obtained from the school system for the period beginning April 15 and ending August I, 1975. AGENDA ITEM NO. 7. - PUBLIC HEARING: CONSIDER REQUEST FOR A SPECIFIC USE PERMIT FOR REMOVAL OF NATURAL RESOURCE STORAGE AND EXCAVATION IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED BY JOE HOLLINGS- WORTH, FOR THE PROPERTY LOCATED ON THE WEST SIDE OF LUNA ROAD, APPROXIMATELY 524 FEET SOUTH OF VALLEY VIEW LANE. Mayor Grimmer opened the public hearing for the consideration as described in the above caption. Mr. Joe Hollingsworth, part owner of the property in question, presented his request for a specific use permit to do some excavation work on the property located west of Luna Road and south of Valley View Lane in order to use theproperty for a catfish farm type operation. He stated that the property is in the flood plain and is not suitable for anything above ground for which the property can be utilized. He stated that he proposes 3 ponds of which one is an old gravel pit at this time. He stated that it is the idea of the property owners to utilize the property in this way and possibly in 5 years divert it back to another use, when and if the levee is built in the western part of Farmers Branch and I . H . 635 is extended across the river. Mr. Hollingsworth discussed ways in which the property could be utilized after the proposed levee is built and I.H. 635 is completed. Mr. Hollingsworth stated that he did not anticipate storing any of the dirt that is removed. Mr. Hollingsworth told of how other catfish farms operated. Mayor Grimmer asked if there was anyone in the audience to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone in the audience to speak in opposition to the request. The following spoke: Mr. Fred Moore, who does not live in the city but has interest in the city, asked the Council to consider the following: Is this in the best interest of the city ipso far as the long range planning is concerned? Is it compatible with the zoning? And, will it become a nuisance with the holes in the ground if the operation is abanded2 Mr. Hollingsworth answered that the property is a nuisance at the present time. He stated that the property would be cleaned up and maintained and with this type of operation would have to be kept cleaned. Mr. Hollingsworth stated that the requested use is considered a ranching or farming type operation and is permitted in the present zoning of Light Industry. He again requested approval of the excavation on this property. The Planning and Zoning Commission recommends that the Specific Use permit be granted only for the excavation as shown on the drawings submitted by Mr. Hollingsworth. Page 1031. I { /A'7 Exkib4 Al ul-JA sc~io~v A-A .5-'7' f; 0 n SECTION B-13 1 i There being no other persons to speak for or against the request, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", closed the public hearing. There was discussion between the Council members and Mr. Hollingsworth concerning the proposed time the catfish farm would be in operation; how the ponds would be maintained ; the removal of the dirt and the disposal of it; and, the process of taking care of the catfish. After more discussion, Councilman McClung made a motion to grant the request for a Specific Use Permit for the excavation on the property located on the west side of Luna Road, approximately 524 feet south of Valley View Lane, as recommended by the Planning and Zoning Commission. Councilman Linn seconded the motion. The motion carried with Councilmen McClung, Linn, Flaherty and Quevreaux voting "aye", and Councilman Binford abstaining. AGENDA ITEM NO. 8. -CONSIDER GENERAL DEVELOPMENT PLAN FOR BROOK- HAVEN COMMUNITY COLLEGE. REQUESTED BY THE BROOKHAVEN COMMUNITY COLLEGE. Dr. Bill Priest, Chancellor of the Dallas County Community College District, stated that the property designated for Brookhaven Junior College was purchased some eight or nine years ago. He stated that planning has established 1978 as the anticipated opening of the institution to serve the residents of this area. He stated that his staff personnel and city staff personnel have been together and the College District would like the Council to consider the General Development Plan for the site. He presented Dr. Deon Holt, Vice-Chancellor for Planning; Mr. Jim Pratt and Mr. Ray Thomas, members of the architectural firm of Pratt, Box and Henderson to make the presentation of the General Development Plan. Dr. Dean Holt gave some background history on the development for Brookhaven College. He stated that the approximate amount of $24,000,000.00 has been budgeted and bonds approved for the initial phase for Brookhaven College. He stated that the architects will describe the General Development Plan the way they propose the site be used. Dr. Holt stated that approval is requested of this plan in order to proceed with the design of the College and further compliance with the remaining platting requirements of the city. Dr. Holt stated that the plan shows modification of the City's Thoroughfare Plan adopted in 1971 which proposed routing and extension of Alpha Road through the site. He stated that the College personnel and the College architects feel this proposed routing would have very serious adverse effect on the site from a point of its functional and aesthetic characteristics. He presented Mr. James Pratt from the architectual firm of Pratt, Box and Henderson. Renditions of the proposed General Development Plan were displayed. Mr. James Pratt stated that he feels the General Development Plan for Brookhaven College is a project which will contribute significantly to the city. The College has budgeted about 275,000 square feet of the building area for the initial phase of the college campus. It includes for itself and to some extent for community use, a number of facilities which should be very valuable for the city. Among them will be a 750 seat theater and a large Page 1032. collegiate scale basketball facility. There are plans which may or may not be in the first phase, depending upon the budget, for a competition pool and for tennis courts in the first phase as well as playing fields which will be available for community use on a limited basis when they are not required for team sports for the College itself. The only physical amenity on the site is basically the Farmers Branch Creek on the northwest corner with a tributary which dies within the confines of the piece of property. The college has been located to take advantage of the amenity which will basically place the building in the center north portion of the tract facing the creek portion of the site. He stated that the plan takes to consideration the low-lying area to the northwest which is in the flood plain. He told of development plans for the greenway along the creek that are compatible with the natural drainage way. Mr. Pratt stated that they anticipated a capacity of about 1,600 cars in the first phase. Approximc "re y 60% of these will be utilizing the site during the morning and 40% in the afternoon and evening. He stated this means approximately 250 automobiles within an hours time at either of the exits. He stated, pointing to the drawing, the traffic can be split fairly evenly to feed all sides of the campus, from Marsh, from Valley View and perhaps eventually a street from along the east portion of the property. He stated as the Mobil property to the north is developed, there may be a need to bring traffic through the center between Marsh and Midway, and that would become a natural place which could also be used then by the College. He said that the plan has used that portion of the site which seems to benefit the college and the community so that cars do not intrude on existing neighborhoods anymore than absolutely necessary. Mr. Pratt suggests that the college use their own outlets into Valley View. Mr. Pratt stated that he is recommending that there be established a natural reserve for botanical plants collected from Texas, since this tract was one of the earliest tracts settled upon in the Dallas Metroplex. He told of Noah Good settling on this property in 1846. Mr. Holt stated that they were excited about this botanical reserve for which they have the largest landscape budget proposed, because this will serve the continuation of the greenbelt. He stated they were excited about the prospect of creating this greenbelt for hiking, biking, jogging or whatever. Mr. Holt gave an estimated amount of the number of students that would be enrolled in the first phase. There was discussion on the amount of students going in and out of the proposed College daily. There was discussion of the traffic that is now on Marsh Lane which is caused at various timesfrom Loos Stadium. Mr. Holt stated that the college is providing for the dedication of easements for the widening of both Valley View and Marsh Lanes. Page 1033. Dr. Priest stated there is a problem of everyone wishing to drive an automobile which causes traffic but feels the planning will accommodate it as best they can. Mayor Grimmer stated that the City Council feels the proposed Thoroughfare Plan of Alpha Road is compatible with the College site. It is essential to get more traffic generated by the College facility, to a major artery as fast as possible and this would be Midway Road and Dallas North Parkway. Dr. Priest stated that the Alpha Road direction is not where the students would be coming from. He stated Alpha Road goes to industrial areas to the east. Councilman Linn stated that it's true students would not be coming from the industrial areas but they will be coming from the arterial ways that are provided to get to this general area and it is the concern of the Council that the College be adequately served. He stated the Council is serious about the City's Thoroughfare Plan. There was more discussion of the City's Thoroughfare Plan, on the location from which students would be coming to the college, and the traffic situation that would be involved. There was more discussion concerning the number of students that would be enrolled in the college. There was some conflicting statements concerning the number of students and how the College arrived at the total enrollment. Mrs. Nancy Benedict, 3028 Selma Lane, spoke in favor and of the need of having the College in Farmers Branch. Mrs. Benedict stated she felt that people, culture, education and the College should take precedence over all problems. Mrs. Benedict requested reconsideration of the Thoroughfare Plan so that the college plan as submitted could be utilized. There was discussion of a possible tax increase if the city would have to bear the cost of improving streets, installing water and sewer lines, provide police and fire protection, if the College were to be built in Farmers Branch. Mr. Hollis Davis, 3005 Longmeade, questioned the location of the proposed extension of Alpha Road and who is to furnish the finances for the extension. Mr. Davis asked why the road could not go straight along the north property line straight into Marsh Lane rather than dividing the property. Mayor Grimmer stated that the street should be installed by a joint venture between the City of Farmers Branch and the property owners that develop the property on either side. Mayor Grimmer reported that if a land developer came in to develop a site, that the developer puts in the roads, the water mains, the sewer mains that are required up to a certain size. If the city determines that it takes a larger size of water lines then the city pays the overage portion; but the street, the thoroughfares, and the sewer lines are put in by the developer. Mayor Grimmer told Mr. Davis that a portion of the property he was questioning about to tie into Marsh Lane was not in the City of Farmers Branch. Page 1034. Mr. Pratt stated that the college does not oppose a road along the northern property line. There was discussion between the Council members and Mr. Pratt concerning the construction of Alpha Road along the north property line of the College property that would cross the creek. There was discussion of not disturbing the creek by putting the road close to the creek. Mr. Hollis Davis spoke further in favor for the college to be located in Farmers Branch and for the College plan. There was discussion by the Council members that the property would be tax yielding property if it were developed for residential use. Mayor Grimmer explained the reasons for the Thoroughfare Plan for the extension of Alpha Road. This explanation included a statement that the city did not desire to channelize the creek or disturb it by other construction. Councilman McClung stated that if Alpha Road is put close to the flood plain and the college donate the land from the street to the creek as a city park, the college would have the aesthetic value for the students to enjoy. Mr. Ray Thomas stated that it would disturb the property to build the street as proposed by the city. He stated that he does not feel the College District is a developer for they are not in business for commercial profits to subdivide the land and sell it. He stated that the city would be asking the College to give up part of their property, and to pay part of the cost for putting in a street which is for something that is not required for the functioning of this College. Mr. Thomas stated they are not asking the city to abandon their Thoroughfare Plan. He stated he had been told that Alpha Road has not been planned to cross Marsh Lane. Mrs. Julia Burgen, of the Christian Social Concerns of the Chapel Hill United Methodist Church, spoke supporting the Junior College as planned. Mrs. Burgen questioned if the College and the City got together on the planning of this area. Mayor Grimmer stated that the College Board and the City had not discussed the plan until this time. Mrs. Nita Tromane, spoke in favor of the college plan. She asked why wasn't Alpha Road planned for the other side of the creek. Mayor Grimmer answered that if the street had been on the other side of the creek, the street would have to cross the major creek rather than the tributary and it would cost more money to build a bridge across the creek rather than the tributary. Additionally, access to the greenbelt along the creek will not be provided without a street parallel to the creek. Page 1035. I. r ~ t Lc~1 f ~ K R n ~ • x m M • n rn 31 1f1 1 y~ ~ y s J ~ w fft ~yY.r f 1. „ N3 i1 I l II 0 ~,.I .QA C ~a PC) r ° TYPICAL SECTION OF MARSH LN. ;v FROM VALLEY VIEW LN. NORTH LANGLAPdL1 P.O..' TO 8ROOKMAVEN CLUB DRIVE 11 = v 130 ` 50' s so}' i C 0 0 C 2OF ORIGINAL R.O.W. l i SPRI!.G - ROAD " - I ! w ~W I _ALPHA R 0 A C PO' I w C R-2 c0-L11 ~ - _ - L I 2 A VALLEY VIEW LASE 12 FREEWAY IH6 ` ARTERIAL AND COLLECTOR S 7 FtEE`t' PLAN EAST FARMERS BRANCH is APPROVED BY CIT" COUNCIL NOVEMBER 15,1971 I LEGEND - I ! A - Irv Ma~:acE~ ~ THOROUGHFARE- WITHIN C:'Y LWflTS ';:fIROUCHFARE --OUTS!C KrTESTEO COLLECTOR STREET-WiTri" LIMITS ITY sETair COLLECTOR STREET -OUT S.;E ~lTY LIMITS ,&REVISED AND APPRO`"ECr, BY L i :CJ, i;- PHIL 3,1972 r 0 Mr. Jack Like stated that it would be preferably to widen Marsh Lane and eliminate Alpha Road and use the funds on Marsh Lane that would have been spent on Alpha. Mrs. Mae Kirby, student at Richland Junior College and resident of Farmers Branch, spoke in favor of the college to be located in Farmers Branch. She questioned the reason for putting in Alpha Road. There was discussion of the Council having to consider what is best for the city in ways of expense and how the college will affect Farmers Branch. Dr. Priest stated that it has been the impression that the college did not want to participate in the cost which is wrong. He stated that the College District worked with Mesquite, with Dallas and with Lancaster and expected to participate in some development costs in Farmers Branch. There was discussion of inquiring with other cities to see how they cooperated with the colleges that were built in their city. After more discussions by the Council members, Councilman Linn made a motion to table this consideration in order to continue studying with the Junior College District for an equitable solution, and that the subject be brought back as expeditiously as possible. Councilman Flaherty seconded the motion. All voted "aye". AGENDA ITEM NO. 8.b. - CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPERS CONTRACT FOR PROPERTY LOCATED AT DALLAS PARKWAY AND ALPHA ROAD. City Manager Paul West stated that the contract being presented for consideration provides for the installation of the required public improvements on a tract of land located at Alpha Road and Dallas North Parkway. This land is not platted at this time. The property will be platted and public improvements installed according to the provisions of the contract, prior to the issuance of building permits. This item was added as an emergency item because the right of way which the subdivider will dedicate is needed for the continuation of an assessment paving program by the City of Dallas. Alpha Road is within the city limits of Dallas at this location, with the property in Farmers Branch. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to sign the contract conditioned upon approval of the contract by the owners of the land or their authorized agent. AGENDA ITEM NO. 9. - CONSIDER REQUEST BY TEXAS MUNICIPAL LEAGUE TO SUPPORT THE NATIONAL LEAGUE OF CITIES' SUIT CHALLENGING THE CONSTI- TUTIONALITY OF THE APPLICATION OF THE FAIR LABOR STANDARDS ACT TO STATE AND LOCAL GOVERNMENTS. Mayor Grimmer gave the following information: On December 12, 1974, the National League of Cities (NLC) initiated a suit challenging the constitutionality of the application Page 1036. of the Fair Labor Standards Act (FLSA) to state and local governments. On December 31, 1974 Chief Justice Burger enjoined the application of FLSA to state and local governments. On January 27, 1975, the full court ruled that it had "Probable Jurisdiction" and will hear the NLC challenge in the near future. TML has endorsed the suit and has authorized financial support. TML is asking member cities to make a donation between $250.00 and $1,000.00 to the "NLC--FLSA Trust Fund" which has been established. The objective of this suit is to establish a clear line between requirements the national government may or may not impose on state and local governments. After some discussion, Councilman Linn made a motion to authorize the City Manager to issue a check for the amount of $500.00 to the NLC--FLSA Trust Fund. Councilman Binford seconded the motion. The motion carried 4 to I, with Councilmen Linn, Binford, Flaherty and McClung voting "aye", and Councilman Quevreaux voting "nay". Councilman Quevreaux did not object to the suit but did object to the amount donated. AGENDA ITEM NO. 10. - CONSIDER LEASING PROPERTY TO ADJACENT PROPERTY OWNER ON DENNIS LANE. City Manager Paul West explained that the city owns a 150' x 75' street right of way between 13402 and 13352 Dennis Lane. This right of way joins the un-named city park, generally called the Field Property. The right of way is not readily useable at the present time, though, in a few years it will be of importance when the park is developed. A fence will be erected separating the three residents from Cox and the Field Property parks. Mr. Byron Griffith has asked permission to maintain this area until the park is developed. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", authorized the City Manager to execute a lease agreement with Mr. Byron Griffith. AGENDA ITEM NO. 11. -CONSIDER ORDINANCE NO. 1057 - FIRE PROTECTION AGREEMENT WITH DALLAS COUNTY. Mayor Grimmer gave the following information: Proposed Ordinance No. 1057 executes a contract with Dallas County for answering fire calls in the County area adjoining the city limits of Farmers Branch on the west side of the river. The terms, conditions and area to be covered are the same as the past several years. After a brief discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", adopted Ordinance No. 1057 which executes a contract with Dallas County for answering fire calls in the County area adjoining Farmers Branch on the west side of the river. AGENDA ITEM NO. 12. - CONSIDER AWARDING CONTRACT FOR L. B.J. SANITARY SEWER RELOCATION. City Manager Paul West gave the following information: Bids were received February 26, 1975 for relocating an existing 30" sanitary sewer trunk main which is in conflict with proposed I. H. 635 paving and drainage construction. Of 9 bidders who picked up plans and specifications, 3 bids were received. The low bidder was W. B. F. Construction Company, Inc., with a bid of $65,285.00 for replacing existing 30" with new 30" on new alignment. An alternate bid of $69,800.00 for replacing existing 30" with new Page 1037. 42" on new alignment was also received as part of the bid package. Of these totals approximately $41,802.75 will be reimbursed to the City by the Texas Highway Department, leaving $23,482.25 for 30" pipe or $27,997.25 for 42" pipe to be paid by the City. Mr. West stated it was the recommendation of the Administration that the contract be awarded to the low bidder, W. B. Farrow Construction Company, Inc. and that this award be based on the bid for replacing 30" pipe with 42" pipe, because of the possible needed increased capacity of this trunk main. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", awarded the contract to W. B. Farrow Construction Company, Inc. for their low bid of $69,800.00 for replacing 30" sanitary sewer trunk main with 42" sanitary sewer trunk main. AGENDA ITEM NO. 13. - CONSIDER AWARDING CONTRACT FOR WATER SUPPLY ENGINE UNITS FOR DENTON ROAD PUMP STATION. City Manager Paul West gave the following information: Bids were received on February 5, 1975 for furnishing engine units for standby use at Denton Road Pump Station. Of 5 bidders who picked up specifications, 2 bids were received. The low bid was submitted by Stewart and Stevenson, Inc. in the amount of $25,610.00 for furnishing Detroit Diesel units. Both bidders proposed units meeting specified requirements for diesel engines. Only Stewart and Stevenson, Inc. bid on alternate items for furnishing dual fuel units and for factory testing to determine actual fuel consumption and horsepower output prior to shipment. Delivery time is 150 days for the Detroit Diesel units and 160 days for the second bidder. Mr. West stated that it was the recommendation of the Administration to award the contract to Stewart and Stevenson, Inc. for diesel units manufactured by Detroit Diesel and reject alternate for dual fuel units and factory tests. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", awarded the contract to Stewart and Stevenson, Inc. for their bid of $25,610.00 for water supply engine units for the Denton Road Pump Station. AGENDA ITEM NO. 14. -CONSIDER AWARDING CONTRACT FOR WATER SUPPLY PUMPING UNITS FOR DENTON ROAD PUMP STATION. City Manager Paul West gave the following information: Bids were received on February 5, 1975 for furnishing water pumping units for the Denton Road Pump Station. Of 11 bidders who picked up specifications, 3 bids were received. The low bid was submitted by Worthington Pump Corporation in the amount of $55,721 .00 with delivery within 280 days. However, this price was a base bid price and terms of agreement from Worthington included escalation factors with no fixed maximum amount. We asked for clarification from Worthington and received a letter dated February 12, 1975, stating a firm price of $63,144.00 and an increase in delivery time to 364 days. None of the 3 bidders could furnish a pump which would meet the hydraulic conditions required by the preliminary pump station and storage configuration and as specified. When the final pump station design was completed, minor changes improved the hydraulic conditions such that all 3 bidders could furnish the required equipment. All 3 bidders took exception to paying any liquidated damages in event of delivery delays. Page 1038. Mr. West stated that it was the recommendation of the Administration that the City Manager be authorized to negotiate with low bidder, Worthington Pump Corporation, based on prices received as the best bid and that the negotiated prices not to exceed $ 63,144.00. Mr. West stated he would like to see the delivery time reduced and hopefully the price can be reduced. He stated that these need to be installed by summer of 1976. After some discussion of possible negotiation with all bidders, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", waived formalities for bids for water supply pumping units for the Denton Road Pump Station and authorized negotiation of contract to the City Manager. AGENDA ITEM NO. 15. - CONSIDER AWARDING CONTRACT FOR A HEAVY DUTY CAB AND CHASIS FOR THE SANITATION DEPARTMENT. City Manager Pau West gave the following information: Bids were opened February 25, 1975 for one 50, 000 G.V.W. cab and chassis to be used by the Sanitation Division. Seven bid requests were mailed to prospective bidders, with three returning bids. The three bidding were Bond Equipment Company, Texas Kenworth, and International Harvester. The bidder meeting specifications was Bond Equipment Company for a bid price of $30,618.00. Mr. West stated that it was the recommendation of the Administration that the contract be awarded to the low bidder. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", awarded the contract to Bond Equipment Company for their low bid of $30,618.00 for one 50,000 G. V. W. cab and chassis. AGENDA ITEM NO. 15.a. - DISCUSS SPEED LIMIT ON TANGLEWOOD DRIVE FROM BROOKHAVEN CLUB DRIVE TO MARSH LANE. REQUESTED BY MR. BILL BETTES, 14148 TANGLEWOOD. Mr. Bill Bettes, 14148 Tanglewood, requested the Council to consider changing the speed limit back to 30 M.P.H. on Tanglewood Drive from Brookhaven Club Drive to Marsh Lane. He stated that the_ present 20 M.P.H. speed limit was placed on the street when Marsh Lane was in such poor condition. He told of receiving a ticket on the street yesterday. He stated that parents let children play in the street since the speed limit was reduced. There was discussion of how the change in the speed limit was initiated and the procedure that followed by sending a letter to the persons involved polling their opinions of the speed limit on the street. Mr. Bettes stated that he did not get a letter and neither did the home owners on Tanglewood Circle. Mr. Bettes requested the City to send another letter to the home owners in this area to see if they desire to have the 30 M.P.H. restored. Page 1039. There was discussion between the Council members and Mr. Bettes of Mr. Bettes petitioning the area involved to see if the 30 M.P.H. warrants reconsideration. Councilman Quevreaux made the motion that a questionnaire be sent out to all the people on Tanglewood topoll their desires on the speed limit on Tanglewood Drive. Councilman Binford seconded the motion. There was more discussion of Mr. Bettes getting a petition for presentation to the Council. The motion failed. Councilman Quevreaux voting "aye", and Councilmen Flaherty, McClung, Linn and Binford voting "nay". MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED AND THERE ARE ITEMS FOR DISCUSSION IN EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provided that such items as Personnel Matters and Contemplated and Pending Litigation may be discussed in closed session. AGENDA ITEM NO. 16. EXECUTIVE SESSION. a. Discuss Personnel Matters Appointments to the Board of Equalization were discussed. b. Contemplated and Pending Litigation City Attorney Doug McCallon discussed the status of the Oakbrook law suit. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. A motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", appointed Richard W. Thomas, Charles McKee and B. R. Gilbreath to the Board of Equalization conditioned upon their acceptance of the appointment. Councilman Binford made a motion that the Planning and Zoning Commission and the City Administration be instructed to institute a study and submit its proposals for any changes and amendments, in the public interest and welfare, of the zoning on PD-12 and PD-13 and that a moratorium be placed on the further development of PD-12 and PD-13 pending such study and proposals. Councilman Quevreaux seconded the motion. All voted "aye". AGENDA ITEM NO. 17. - ADJOURNMENT. A motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of March 17, 1975 at II:10 P.M. Mayor eor` G. rimmer 4) - At City Se Lary Page 1040.