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HomeMy WebLinkAboutMinutes City Council - 04/10/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 10, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring 1,47, Mayor Jason Luby called the meeting to order in the Council Chamber in the City Hall. The Invocation was given by Reverend Rudy Sanchez of Primera Iglesia Bautista Church, City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Lozano and passed, that the Minutes of the Regular Meeting of March 27, 1974, 2:00 p.m., and of the. Special Meeting of March 27, 1974, 3:00 p.m., be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: JOBS FOR VETERANS WEEK, April 15 through April 20, 1974, and PINAFORE WEEK, April 14 through April 20, 1974. Mayor Luby presented plaques of commendation to the following retiring City employees: Howard F. Ewing, Engineering & Physical Development Department (24 years service); Bobbie Gravett, Utilities Department (30 years service); Elroy Laake, Gas Division (12 years service); Pauline F. Paul, Health Department (15 years service); Edward L. Vela, Wastewater Division (24 years service); Charles P. Welty, Gas Division (21 years service); and Alfonso Moreno, Parks Department (28 years service). Mr. Dub Wilson, Chairman of the Amigos Mexico Committee, introduced Sr. Martinez Gonzales, private secretary to the Mayor of Monterrey, Mexico, and his wife, Marcella, and daughter. Sr. Martinez and his family are visitors in the City during Holy Week, and were special guests of the Council. He expressed appreciation for the many courtesies and hospitality extended he and his family by the citizens of the community. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related explanations and comments as follows: a. That bids be received at 11:00 a.m., Tuesday, April 30, 1974 for 1,050 tons of railroad ballast for the Water Division to be use on the spur line at the Stevens Filter Plant. •nutes Regular Council, Meeting April 10, 1974 Page 2 • b. That a contract be awarded to Plains Machinery Company, Corpus Christi for the purchase of a brush chipper for the Park Division on the basis of low bid, for a total of $3,976.00 including trade-in. Bids were received from two firms. This is a 42% increase over the price paid for machine being traded in purchased in 1969. c. That a contract be awarded to Commercial Body Corporation, San Antonio, Texas, for the purchase of five sets of steel storage and parts racks for van -type vehicles of the Building Maintenance Division, on the basis of low bid meeting specifications of $2,362.50. Bids were received from three firms. The apparent low bid of $2,295.35 from Utility Equipment Company did not meet specifi- cations because the bid was not signed. d. That a contract be awarded to Edaburn International Trucks, Inc., Corpus Christi, for the purchase of a tilt type cab and chassis for the Fire Department, on the basis of low bid of $9,397.41. Bids were received from two firms. A hose tender body to be purchased will be mounted on the cab and chassis. The truck is used for transporting and supplying hose lines necessary at large fires. e. That a 10' utility easement in Lot 2, Parkdale Village Annex C, be abandoned. A building will be constructed over part of the present easement. The owners have executed a document dedicating an alternate easement and have agreed to pay for the cost of relocating a gas line involved. f. That Parcel No. 8 of the Horne Road, Unit II, McArthur to Naples Street Improvement Project be acquired from Mr. W. A. Horne, et al, and that $1,625.00 be appropriated therefor. The parcel contains 949.7 square feet along Horne Road between the Crosstown Expressway and Port Avenue. g. That the contract with T. H. Lee, Contractor for construction of utility adjustments around the new Nueces County Courthouse site be accepted as complete and that the final payment of $43,030.39 be made. The City and Nueces County entered into an agreement in November, 1973 whereby the County will reimburse the City for the full cost of the work. h. That $18,544.12 be appropriated out of the Park Bond Fund for reimburse- ment to the General Fund for improvements to Southside Park, Surrey Park, Kingston Park, and Country Club Park, for the period November 1, 1973 through January 31, 1974. The improvements include drainage and grading for Southside Park ($3,156.76), drainage for Surry Park ($1,043.16), a shelter for Kingston Park $4,239.29), and top soil, drainage, and grading for Country Club Park ($10,104.91). Illitnutes gular Council Meeting April 10, 1974 Page 3 i. That $5,000 be reappropriated from the General Fund Reserve for anticipated laboratory testing fees required for subdivision construction as defined in the Platting Ordinance, and that the City Manager be authorized to execute an agreement with Padre Island Investment Corporation pertaining to the reimbursement to the City for laboratory services in four subdivisions on Padre Island and with Gulf Coast Testing Laboratory to perform their laboratory services. Recent amendments to the Platting Ordinance require the City to authorize the necessary laboratory services for subdivision construction and to initially pay for them with reimbursement by the developer. The $5,000 will provide for the initial payment for laboratory services for the remainder of this fiscal year. Future budget appropriations will provide funds for this purpose. j. That a new permit be provided for a fee of $50.00 for haulers of their tenant's garbage and that a 30 -day trial period be approved beginning April 15, 1974, for all garbage haulers using packer equipment to use the Elliott Fill to determine the impact on the Fill. k. That a motion be entertained to amend the contracts with Central Park Little League and the Southside Pony League as follows by including: "Activities to be conducted on the site shall be available to all allowing each person who complies with all reasonable rules and regulations to actively participate by playing." 1. That the City Manager be authorized to enter into a five year contract with the Corpus Christi Area Tourist Bureau. The Tourist Bureau will perform pro- fessional services which will include tourist advertising campaigns with state, national and international coverage, featuring Corpus Christi as an attractive region in which to vacation and have conventions or group meetings. The annual appropriation to fund this activity will be supported by the revenue from the 3% Hotel -Motel Tax. The City presently contracts with the Tourist Bureau for promotion of tourism and with the Chamber of Commerce for the promotion of conventions. Both of these activities will be combined and operated by the Tourist Bureau under this contract. Motion by Acuff, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "1", be accepted, and the recommendations and requests be granted and approved as presented b5/ the City Manager. City Manager Townsend presented the pending item of Application #274-4, Mr. John D. Hawn, et al, for change of zoning from "1-2" Light Industrial District utes egular Council Meeting April 10, 1974 Page 4 to "B-4" General Business District on 51 acres out of Lot 1, Section 12, Bohemian Colony Lands, on which a public hearing was held March 27, 1974 and tabled because the property involved falls within Noise Zone 2 of Cabaniss Field of the Naval Air Station, and pending a decision as to what actions were to be taken with regard to the zoning of property that lies within this Zone. Mr. Townsend pointed out that the Planning Commission and the Planning Staff had recommended denial of this request. Mayor Pro Tem Acuff read the following statement: "The Navy is interested in two phases of encroachment around NAS Corpus Christi, NAFL Waldron Field, and NAFL Cabaniss Field. First is maintaining non-residential and low density development in the crash zones and the areas of maximum noise (CNR Zone 3) and secondly, that complaints of noise and noise litigation don't force closing of one or more of. these airfields. • "Cabaniss and Waldron Fields are used primarily for carrier landing practice. This practice must utilize left hand approaches because this is the way it is done on an aircraft carrier. Cabaniss Field has lights and a tower which Waldron Field does not. The night land- ing practice is conducted at Cabaniss Field. "The three fields were placed well out in the country when they were built. As time has gone on residential development has closed in on these fields to the point where considerable development now lies in CNR Zone 2, an area of a large number of complaints. "The Navy is a considerable economic factor in Corpus Christi and it is incumbent an the City to protect the airfields so that there is no derogation of the ability of NAS Corpus Christi to train naval aviators. It is recommended that we take the following actions to inhibit encroachment: 1. No development in crash zone (2500' from end of runway) 2. No further residential development in Zone 3. (Complete zoning now proposed) 3. No increase in density in Zone 2 4.' No extension of utilities in voluntary annexation for residential developmentinZone 2 5. Proceed with airport zoning immediately for Waldron and Cabaniss Fields." Captain Acuff explained that the Navy wants to avoid complaints from residents and does not want to be subjected to possible law suits because of the Illiutes gular Council Meeting April 10, 1974 Page 5 noise. He commented that we should not encourage more complaints by expanding the high density area. Commissioner Ricardo Gonzalez commented that the problem already exists and will continue so long as we have the Naval Air Station. He stated he was con- cerned with what would be contained in the Navy report. Motion by Acuff, seconded by Branch and passed, with Ricardo Gonzalez abstaining, that the recommendation of the Planning Commission be concurred in and that Application #274-4, Mr. John D. Hawn, et al, for change of zoning from "I-2" Light Industrial District to "B-4" General Business District on 51 acres out of Lot 1, Section 12, Bohemian Colony Lands, be denied. Motion by Acuff, seconded by Lozano and passed, that the leases incorporated in and made a part of the ordinances authorizing five year leases with the Central Park Little League and the Southside Pony League, read on the first two of three readings on March 6, 1974 and March 13, 1974, respectively, be amended by adding to each the following clause immediately following Item 7, Page 2: "Activities to be conducted on the site shall be available to all, allowing each person who complies with all reasonable rules and regulations to actively participate by playing." SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8879, AS AMENDED, BY ADDING PARAGRAPH "F" TO SECTION 6.32 THEREOF SO AS TO AUTHORIZE ISSUANCE OF PERMITS TO REENTER A PLUGGED AND ABANDONED WELL FOR PURPOSE OF CASING RECOVERY ONLY; DESIGNATING REQUIRED INFORMATION ON SAID PERMIT APPLICATION; REQUIRING REPLUGGING AND ABANDONING OF SAID WELL; REQUIRING PERMITTEE SHALL COMPLY WITH ALL CITY ORDINANCES AND PARTI- CULARLY THE AFORESAID ORDINANCE NO. 8879, AS AMENDED; RElQUIRING A BOND; REQUIRING SWORN PROOF APPLICANT HAS PERMISSION FROM THE OWNER OF SAID CASING TO REMOVE SAME; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11991 • THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE, LEASING TO SAID CENTRAL PARK LITTLE LEAGUE A 4.10 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CON- DUCTING A LITTLE LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, AND MADE A PART HEREOF; MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally, as amended, by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11992 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE AGREEMENT WITH THE SOUTHSIDE PONY LEAGUE, LEASING TO SAID SOUTHSIDE PONY LEAGUE A 1.71 ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING 11111kinutes egular Council Meeting April 10, 1974 Page 6 A PONY LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally, as amended, by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11993 CLOSING AND ABANDONING THE 10 -FOOT UTILITY EASEMENT IN LOT 2, PARKDALE VILLAGE ANNEX C; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11994 CHANGING THE NAME OF BREEZEWAY STREET, BETWEEN THE 2800 BLOCK OF SOUTH ALAMEDA AND AUSTIN STREET, TO ANGEL AVENUE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11995 AUTHORIZING ACCEPTANCE OF A RIGHT OF WAY EASEMENT FOR HORNE ROAD IMPROVEMENTS, McARTHUR TO NAPLES STREET, BEING PROJECT NO. 220-70-111, FROM THE OWNERS, W. A. HORNE, ET AL; APPROPRIATING OUT OF NO, 220 STREET BOND FUND $1,625 POR ACQUISITION OF THE AFORESAID RIGHT OF WAY EASEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11996 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION PERTAINING TO THE REIMBURSEMENT TO THE CITY FOR LABORATORY TESTING SERVICES FOR FOUR SUBDIVISIONS ON PADRE ISLAND AND DESCRIBED AS PROJECT NO. 1, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11997 APPROPRIATING $18,544.12 FOR REIMBURSEMENT TO THE 102 GENERAL FUND, ACTIVITY 4122, CODE 603, FOR LABOR, EQUIPMENT,'AND MATERIALS USED FOR PARK IMPROVEMENTS, OUT OF NO. 291 PARK BOND FUND, OF WHICH $3,156.76 IS APPLICABLE TO PROJECT NO. 291-72-5.1, SOUTHSIDE PARK; $1,043.16 IS APPLICABLE TO PROJECT NO. 291-72-5.3, SURREY PARK; $4,239.29 IS APPLICABLE TO PROJECT NO. 291-72-5.4, KINGSTON PARK; AND $10,104.91 IS APPLICABLE TO PROJECT NO. 291-70-10.8, COUNTRY CLUB PARK; AND DECLARING AN EMERGENCY. tes IIIII:lar Council Meeting April 10, 1974 Page 7 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas. Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11998 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GULF COAST TESTING LABORATORIES FOR TESTING SERVICES ON FIVE SUBDIVISIONS ON PADRE ISLAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 1999 AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR CONTRACT WITH THE CORPUS CHRISTI TOURIST BUREAU FOR TOURIST AND CONVENTION ADVERTISING AND PROMOTION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE A WAIVER OF CONTRACT TERMINATION NOTICE AGREEMENT WITH CORPUS CHRISTI CHAMBER OF COMMERCE, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mrs. Diane Van Maele, 1601 Airline, appeared and made a presentation to the Council regarding the problem of the growing population of domestic animals resulting in cruel treatment of many unwanted and starving dogs and cats. She stated she felt it sould,be a function of the government to devise ways to control this problem. She pointed out that owning a pet dog or cat is a luxury and the owners should be required to obtain a license and the fees should be high enough to support a program of sterilization for the purpose of decreasing the animal population. Commissioner Acuff explained that this matter had been referred to the Director of the City -County Health Department for research on ways and means of setting up this procedure, and a report had been presented at the morning workshop meeting. Mr. Cliff Cosgrove, 3302 Olsen, appeared and made a suggestion that the City consider using the $11,000,000 in bonds voted to build a convention center for expansion of the much needed City Hall facilities. It was pointed out that bond funds voted by the people are not transferable to a project other than specified in the issue when presented to the voters. Mr. Frederic Johnson, Sinton Attorney representing residents of the San Patricio County-Edroy community, appeared and re -stated his request of March 6, 1974, inutes Regular Council Meeting April 10, 1974 Page 8 • that the City of Corpus Christi approve a plan to get water and sewer service to Edroy. He stated he was to have had an answer from the staff two weeks from that date but had not been contacted. Mr. Johnson explained that he was not being paid to plead the case of Edroy but his concern was to get water to these people, and felt the request was being frustrated by concerns of the Corpus Christi staff. He stated it appears one of the questions is concerning standards and methods of providing the facilities. He pointed out that attempts to form a water district had been con- fused by the City staff attempting to require too expensive water and sewer facilities. He stated he has no objections to minimum standards, but that he does not think the City's minimum standards conform with standards described in a communication from the City Manager. City Manager Townsend stated the staff was prepared to meet with Mr. Johnson and representatives of the community, but pointed out that the City could not agree to standards that are not spelled out, commenting that it is much more expensive to install a water system adequate for fire equipment operation, etc., than for usual residential use, and stated there is a question regarding the undeveloped property. Mr. Johnson stated the district the people of Edroy propose to form could get a Farmers Home Administration loan for the water project and an Environmental Protection Agency grant for the sewer system. He explained that there has been no thought of incorporation; that it is a political subdivision instead of a City, and they need some kind of tax base. He stated a petition would have to be submitted to the Water Rights Commission and they need to know what it will take to get the organization formed by the City of Corpus Christi. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that an ordinance be brought forward approving FHA standards for water and sewer facilities for exist- ing development in Edroy, Texas, for submission to the Texas Water Rights Commission. Mayor Luby announced the scheduled public hearing for street improvements to Nueces Bay Boulevard, Interstate 37 to Leopard. City Manager Townsend explained the purpose of the hearing and the legal processes required in bringing about paving projects of this nature. He stated Assistant City Attorney Gerry Miller would conduct the hearing. Mr. Miller stated the purpose of the hearing is to comply with the State Statute regarding paving assessments; that testimony will be offered from the Director of Engineering and Physical Development and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment •utes ular Council Meeting April 10, 1974 Page 9 • Roll. He explained that the hearing is to form a basis on which the City Council, acting as a legislative body, would determine and establish the assessments on the abutting properties. Director of Engineering and Physical Development James K. Lontos was interrogated as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer, and his familiarity with the subject project. He presented plans and specifications, explained the nature and extent of the improvements, and pointed out the location on the map of the portion of the street to be improved, being Nueces Bay Boulevard, from Interstate 37 Frontage Road to the north right of way line of Leopard Street. He stated the construction will consist of excavation, standard curb and gutter, concrete sidewalks, and reinforced concrete driveways. He explained the streets are to be constructed in accordance with the City's paving assessment policy, using the low bid submitted by Asphalt Construction Company, and applying the rate to the front footage of the abutting property. He described the calculated rates per linear foot of the improvements on curb, gutter and pavement based on the width of the street, and the calculated rates per square foot on sidewalks, driveways and header curb, and explained that credit had been allowed for sidewalk in place and meeting City standards. He stated the Preliminary Assessment Roll reflects the total contract price as $89,243.95, total preliminary assessments, $32,476.13, and total City portion, $56,767.82. Mr. Lontos pointed out that directly opposite Magnolia Street there are only two property owners involved, and suggested that that portion of excess right of way be resolved which would have a definite affect on the assessment roll. City Manager Townsend concurred in this suggestion stating he would wholeheartedly support the closing of Rose Street. Mr. Lontos explained that construction on this project is scheduled to begin within the next 45 days and completion in the fall of this year. Commissioner Branch stated he had been of the opinion that the improvements were to be continued all the way to UpRiver Road. Paving Coordinator Joe Pierce explained that there is a petition being circulated at the present time for the paving of this section of roadway, but that it has not been submitted to the staff. Mr. Lontos stated a cost estimate on this would be worked out and submitted to the Council. Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City, experieno9 as an appraiser of all types of real estate, and familiarity with the subject project. His written statement of qualifications as tea lar Council Meeting April 10, 1974 Page 10 an appraiser was filed with the City Secretary. He stated he had, within the last week, personally examined each parcel of land involved with the view of the effect on the properties as a result of the improvements, and that it is his opinion each and every parcel would be enhanced in value as a result of the proposed improvements at least to the amount of the assessments, with the following exceptions. Item #10, Westside Automotive of Corpus Christi - Lots 1, 3, 4 & 5, Block 1, Barthlome Addition, and one-half of the right of way of Rose Street (closed); Item #9, George Byrd, Lot 1, Block 2, Barthlome Addition; Item #12, Pearl Fischer, Lots 1 & 2, Block 4, Barthlome Addition and one- half of Lily Street (closed). Mr. Carr explained that the foregoing properties are irregular in shape and will not receive the full benefit of the improvements, and is recommending specific reductions in the assessments. He stated it was his opinion that the assessment on Item #12 should be reduced to $3,288.80 , and that the assessments on Items #9 and #10 cannot be determined until a mathematical determination of size has been worked out. Mr. Carl W. Bertsch, Lot 99, Baymoor Addition, spoke in opposition to the construction of sidewalks on both sides of Magnolia Street, stating that the residents are mostly elderly and the elimination of the sidewalk would be a great financial help to them. City Manager Townsend explained that it had been the policy for many years to construct sidewalks on both sides of major streets, that it is required of subdividers and therefore should be required of the City. He pointed out that this street does go under the Expressway and to the Post Office, and that he feels the sidewalks are warranted. Mr. Bertsch warned that the sidewalk construction would not hold up because of the type of soil in that area. Mr. George Byrd, Lot 1, Block 2, Barthlome Addition, stated he was not officially objecting to the improvements at this time, but wanted to go on record as not agreeing to anything at this time. Motion by Branch, seconded by Acuff and passed, that the hearing be closed and tabled for further consideration. Mr. J. S. Modlin, 311 Breezeway; Mrs. John W. Dye, 2863 Topeka; Mrs. Ralph G Cook, 321 Breezeway; and Mr. Paul R. Burkett, 322 Breezeway, all spoke in opposition to the ordinance changing the name of Breezeway Street, between the 2800 Block of South Alameda and Austin Street, to Angel Avenue. The objections were generally on the basis that there was no valid reason for changing the name, those making the —Minutes Regular Council Meeting April 10, 1974 Page 11 • request were not taxpayers, would result in an inconvenience to those living on the street, all residents on Breezeway were opposed to the change, and there were only four Council members present when the hearing was held. Mrs. Dye stated she and her husband had suffered some harrassment. Mrs. C. G. Oliveria, 3740 MacLeod, spoke in support of the name change pointing out that the applicants are young people who take great pride in their school, and felt that since other schools had succeeded in having their street names changed to coincide with the schools' activities, their request should also be honored. She pointed out that the school also pays taxes Motion by Acuff, seconded by Branch and passed, that the meeting be recessed during which time the Council held a closed meeting in connection with litigation against the B & 8 Construction Company and a personnel matter. City Attorney Riggs cited State Statute 6252-17 to justify the validity of the closed meeting. Mayor Luby reconvened the meeting, and there being no further business to be conducted, motion by Acuff, seconded by Lozano and passed, that the meeting be adjourned at 5:10 p.m., April 10, 1974.